Resolution No. 26-42

RESOLUTION NO. 26-42
A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY
OF APACHE JUNCTION, ARIZONA, APPROVING A CONDITIONAL USE
PERMIT IN CASE NO. P-25-46-CUP REQUESTED BY BELA FLOR
COMMUNITIES, REPRESENTED BY PEW & LAKE, PLC, FOR A 210-
UNIT, THREE-STORY, RESIDENTIAL RENTAL COMMUNITY ON
PROPERTY ZONED CITY CENTER (“B-3”).
WHEREAS, a conditional use permit (“CUP”) application was
submitted on May 22, 2025, to the planning division of the City of
Apache Junction (“City”), by Pew and Lake, PLC on behalf of Bela
Flor Communities, requesting approval of a CUP to permit a 210-
unit, three–story residential rental community, as described in
the materials submitted with case file no. P-25-46-CUP and as
otherwise conditionally approved herein, for the property with
Pinal County Assessor Parcel Numbers (“APNs”) 101-19-015E, 101-
19-025A, and 101-19-023D (also known as Parcel 2 of the 88 North
Land Plat), legally described as follows:
A PORTION OF THE NORTHWEST QUARTER OF SECTION 21,
TOWNSHIP 1 NORTH, RANGE 8 EAST OF THE GILA AND SALT RIVER
MERIDIAN, PINAL COUNTY, ARIZONA, AND MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING AT THE WEST QUARTER CORNER OF SAID SECTION
21, BEING AN ARIZONA DEPARTMENT OF TRANSPORTATION
ALUMINUM CAP, FROM WHICH THE NORTHWEST CORNER THEREOF,
BEING A COTTON PICKER SPINDLE, BEARS NORTH 0 DEGREES 14
MINUTES 10 SECONDS WEST, 2636.87 FEET;
THENCE ALONG THE WEST LINE OF THE NORTHWEST QUARTER OF
SAID SECTION 21, BEING COINCIDENTAL WITH THE MONUMENTED
CENTERLINE OF IDAHO ROAD NORTH 0 DEGREES 14 MINUTES 10
SECONDS WEST, 60.13 FEET TO A POINT ON SAID WEST LINE &
SAID MONUMENTED CENTERLINE;
THENCE, DEPARTING SAID WEST LINE & SAID CENTERLINE NORTH
89 DEGREES 45 MINUTES 50 SECONDS EAST, 50.00 FEET TO A
POINT ON THE EASTERLY RIGHT OF WAY LINE OF SAID IDAHO
ROAD AND THE POINT OF BEGINNING;
RESOLUTION NO. 26-42
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THENCE ALONG SAID EASTERLY RIGHT OF WAY LINE NORTH 0
DEGREES 14 MINUTES 10 SECONDS WEST, BEING 50.00 FEET
EAST OF AND PARALLEL WITH THE WEST LINE OF THE NORTHWEST
QUARTER OF SAID SECTION 21 & THE MONUMENTED CENTERLINE
OF SAID IDAHO ROAD, 599.22 FEET TO A POINT LYING 50.00
FEET EAST OF THE WEST LINE OF THE NORTHWEST QUARTER OF
SAID SECTION 21 & SAID MONUMENTED CENTERLINE;
THENCE NORTH 89 DEGREES 37 MINUTES 03 SECONDS EAST,
654.75 FEET;
THENCE SOUTH 0 DEGREES 22 MINUTES 51 SECONDS EAST, 619.23
FEET TO A POINT ON THE NORTHERLY RIGHT OF WAY LINE OF
JUNCTION STREET LYING 40.00 FEET NORTH OF THE SOUTH LINE
OF THE NORTHWEST QUARTER OF SAID SECTION 21, BEING
COINCIDENTAL TO THE MONUMENTED CENTERLINE OF JUNCTION
ROAD;
THENCE ALONG SAID NORTHERLY RIGHT OF WAY LINE SOUTH 89
DEGREES 37 MINUTES 09 SECONDS WEST, BEING 40.00 FEET
NORTH OF AND PARALLEL WITH THE SOUTH LINE OF THE
NORTHWEST QUARTER OF SAID SECTION 21 & SAID MONUMENTED
CENTERLINE, 636.31 FEET TO A POINT LYING 40.00 FEET
NORTH OF THE SOUTH LINE OF THE NORTHWEST QUARTER OF SAID
SECTION 21 & SAID MONUMENTED CENTERLINE;
THENCE NORTH 45 DEGREES 18 MINUTES 31 SECONDS WEST, 28.25
FEET TO A POINT ON THE EASTERLY RIGHT OF WAY LINE OF
IDAHO ROAD, BEING COINCIDENTAL TO LYING 50.00 FEET EAST
OF THE WEST LINE OF THE NORTHWEST QUARTER OF SAID SECTION
21 AND THE POINT OF BEGINNING.
SAID PARCEL OF LAND CONTAINING 405,721 SQUARE FEET, OR
9.3141 ACRES, MORE OR LESS, AND BEING SUBJECT TO ANY
EASEMENTS, RESTRICTIONS, AND/OR RIGHTS-OF-WAYS OF RECORD
OR OTHERWISE.
THIS DESCRIPTION SHOWN HEREON IS NOT TO BE USED TO
VIOLATE SUBDIVISION REGULATIONS OF THE STATE, COUNTY
AND/OR MUNICIPALITY, OR ANY OTHER LAND DIVISION
RESTRICTIONS.
RESOLUTION NO. 26-42
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WHEREAS, on August 25, 2026, after holding a public hearing
on the application and hearing public testimony, the planning and
zoning commission voted 3:3 on the project; and
WHEREAS, the matter was forwarded to the city council which
held a work session on September 14, 2026; and
WHEREAS, on October 6, 2026, the city council again held a
public hearing on the project and heard public testimony; and
WHEREAS, based on public testimony and the applicant’s and
staff’s presentations, the council found that the proposed use,
the manner of its conduct on the property will not be detrimental
to people residing or working in the area, to adjacent property,
to the neighborhood or the public welfare in general based on the
factors set forth in the Apache Junction City Code, Volume II,
Land Development Code, Chapter 1: Zoning Ordinance, Article 1-16:
Administration, § 1-16-12 (D)(3), subsections (a) through (g).
NOW, THEREFORE, BE IT RESOLVED by the mayor and city council
that the applicant be granted a CUP for a 210-unit, three-story,
residential rental community on APNs 101-19-015E, 101-19-025A, and
101-19-023D at the northeast corner of Idaho Road and Junction
Street, subject to the following conditions of approval:
1) The project shall be developed in accordance with the plans
and staff comments attached and associated with case no.
P-25-46-CUP, associated design review case no. P-25-47-
DR, and all the provisions of the zoning ordinance and
city codes applicable to this case.
2) The proposed development will not be age-restricted.
3) Landscaping along Idaho Road shall be coordinated with the
future development to the north to ensure a cohesive and
unified streetscape design.
4) Landscaping, screening and irrigation improvements,
located within a minimum 10-foot deep strip inside the net
property line along Idaho Road (west) and Junction
Street(south), shall be provided in compliance with the
city’s landscape and screening requirements contained in
RESOLUTION NO. 26-42
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Apache Junction City Code, Volume II, Land Development
Code, Chapter 1: Zoning Ordinance, Article 1-8: Landscape
Regulations. All required trees along Idaho Road and
Junction Street shall be 36” box and all others shall be
a minimum of 24” box. All required shrubs shall be 5-
gallon in size.
5) Landscape and irrigation improvements that are located
within the Idaho Road and Junction Street right-of-way
must comply with the Apache Junction public works
department requirements including the spacing away from
streetlights. Maintenance, replacement and any relocation
of the landscaping within the adjacent right-of-way shall
remain the responsibility of the property owner and its
successors pursuant to Apache Junction City Code, Volume
II, Land Development Code, Chapter 1: Zoning Ordinance,
Article 1-8: Landscape Regulations.
6) All applicable permits shall be applied for and plans shall
be designed to current city codes prior to any lot grading
or construction.
7) The developer’s engineer shall meet the civil engineering
improvement plans and document requirements, as outlined
in the previously provided pre-application and review
comments and in accordance of the city’s approved
engineering standards that are in effect at the time of
plan submittal.
8) All common and amenity areas within the proposed
development, including perimeter walls and fences, and
interior and exterior common area landscaping, shall be
owned and maintained in good condition at all times by the
developer or owner of the community or property management
company.
9) Apartment management from project inception will enroll
in and actively participate in the Apache Junction Police
Department’s Crime Free Multi-Housing Program and shall
provide proof of such participation to the development
services department director or designee on the
anniversary of the grand opening each year.
RESOLUTION NO. 26-42
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1) A member of the apartment management team must reside on-
site to ensure continuous management presence.
2) Major deviations or proposed changes from the original
plans associated with this case will require a major CUP
amendment. The development services director or designee
shall interpret the proposed modification to be
significant/major if, in the director or designee’s
opinion, the quality of project design is diminished,
and/or the overall character of the project is contrary
to the intent and spirit of the original city council
approval.
PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
APACHE JUNCTION, ARIZONA, THIS _____ DAY OF_________, 2026.
SIGNED AND ATTESTED TO THIS _____ DAY OF _________ 2026.
______________________________
WALTER “CHIP” WILSON
Mayor
ATTEST:
____________________
YVETTE MCKINNEY
City Clerk
APPROVED AS TO FORM:
____________________
RICHARD JOEL STERN
City Attorney
RESOLUTION NO. 26-42
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