HomeMy WebLinkAbout2013 09.16 City Council Work Session Agenda AIM
Meetinglocation
City of Apache Junction, Arizona
City Council Chambers
( { at City Hall
Agenda 300 E Superstition Blvd
r- it Apache Junction,AZ
85119
City Council Work Session
www ajcity net
Ph (480)982-8002
Monday,September 16,2013 7.00 PM City Council Chambers
A. CALL TO ORDER
B. ROLL CALL
C. AGENDA ITEMS
1. 13-206 Presentation and discussion on open space and trails planning efforts
in Pinal County by Cyndi Ruehl, chairperson of the Pinal Partnership
Parks, Trails, Open Space and Public Lands Committee and Northern
Pinal Regional Group Presentation and discussion.
2. 13-253 Presentation and discussion on the consideration of the implementation
of a charge for items returned to the city from the bank for
non-payment Presentation and discussion.
3. 13-272 Discussion on procedure for annual board and commission
appointments and reappointments This item will allow the council to
discuss the procedure for the annual board and commission
appointments/reappointments The tentative schedule will be the
first boards/commissions interviews will be held on September 30
with appointments/reappointments on October 1 The second round
of interviews will be held on October 14 with those
appointments/reappointemnts on October 15 Discussion.
4 13-274 Presentation and discussion on proposed rezoning case PZ-5-13, an
application from Hudd and Eileen Hassell, represented by Edmir
Dzudza, requesting rezoning for their property at 2888 W 16th Avenue
from Trailer Homesites (TH)to Conventional Single-family Homes by
Planned Development(CR-3/PD) Presentation and discussion
5. 13-275 Presentation and discussion on proposed second amendment to a
development agreement between the City and the owners of the
Hitching Post/Dash In property, represented by attorney Ralph Pew,
proposing to amend the approved site plan for the property to
accommodate a bull-riding venue Presentation and discussion.
City of Apache Junction,Arizona Page 1 Printed on 9/9/2013
City Council Work Session Agenda September 16,2013
D. ADJOURNMENT
Copies of this agenda and additional information regarding any of the items listed above may be
obtained Monday through Thursdays, 7 00a—6 00p, excluding holidays, from the City Clerk's office
located at
300 East Superstition Boulevard,Apache Junction, AZ
If any person with a disability needs any type of accommodation, please notify the Human Resources
Office, at(480)474-2617 or(480) 983-0095(TDD)at least 72 hours pnor to the scheduled time
City of Apache Junction,Arizona Page 2 Printed on 9/9/2013
City of Apache Junction, Arizona p
300 E Superstition
}' Boulevard
I if It! Agenda Item Cover Sheet Apache Junction,AZ 85119
Agenda Item No. 1.
File ID: 13-206
Sponsor Jeff Bell Agenda Date. 9/16/2013
Index Communication Outreach In Control: City Council Work Session
Presentation and discussion on open space and trails planning efforts in Pinal County by
Cyndi Ruehl, chairperson of the Pinal Partnership Parks, Trails, Open Space and Public Lands
Committee and Northern Pinal Regional Group Presentation and discussion.
Attachments.
City of Apache Junction,Arizona Page 1 Printed on 9/9/2013
AIlak
-� >} Cityof Apache Junction Arizona 300E Superstition
' .'.� 1 Boulevard
.i`r.` Apache Junction,AZ 65119
�; . ; ��� , , Agenda Item Cover Sheet
Agenda Item No 2
V.r/ 1i"I= File ID: 13-253
Sponsor. Donna Meinerts Agenda Date 9/16/2013
Index: In Control. City Council Work Session
Presentation and discussion on the consideration of the implementation of a charge for items
returned to the city from the bank for non-payment Presentation and discussion
Attachments
City of Apache Junction,Arizona Page 1 Printed on 9/9/2013
'��'r City of Apache Junction, Arizona
'`1 '�F-��r300 E Superstition
r ' . Boulevard
ter- Agenda Item Cover Sheet Apache Junction AZ 85119
b Agenda Item No.3.
File ID: 13-272
Sponsor Kathy Connelly Agenda Date.9/16/2013
Index. Local/State/Federal Statutory Requirement In Control: City Council Work Session
p
Discussion on procedure for annual board and commission appointments and
reappointments This item will allow the council to discuss the procedure for the annual
board and commission appointments/reappointments The tentative schedule will be the
first boards/commissions interviews will be held on September 30 with
appointments/reappointments on October 1 The second round of interviews will be held
on October 14 with those appointments/reappointemnts on October 15 Discussion.
Attachments:2013 b&c appointments ds ws, BC
Aililik
City of Apache Junction,Arizona Page 1 Printed on 9/9/2013
AUGUST 14, 2013
MEMORANDUM TO HONORABLE MAYOR AND CITY COUNCIL MEMBERS
THROUGH: GEORGE R HOFFMAN, CITY MANAGER
THROUGH KATHLEEN CONNELLY, CITY CLERK
FROM: JAN MASON, DEPUTY CITY CLERK
SUBJECT: AGENDA ITEM FOR SEPTEMBER 16,2013 WORK SESSION
AND SEPTEMBER 17, 2013 REGULAR MEETING
(BOARD & COMMISSION APPOINTMENTS &
REAPPOINTMENTS DIRECTION TO STAFF)
The council will discuss the procedure for board and commission appointment and
reappointments at the work session of September 16, 2013 Staff is requesting direction to
proceed with setting up applicant interviews and final selection
Please contact me if you need any additional information. _.
CITY OF APACHE JUNCTION
BOARDS AND COMMISSIONS
TERM EXPIRES ADDRESS HOME PHONE WORK PHONE
BOARD OF ADJUSTMENT (3 year terms of office—city residents only)
Anthony Bowler 10-31-14 1124 W 3rd Avenue 85120 710-1150 710-1150
Jesse Gage 10-31-15 839 N Vista 85119 602-291-6552
Andrew Whiteneck 10-31-14 1034 E Pima 85119 204-6947
Mike Weller 10-31-15 471 W 21stAvenue 85120 983-1145 983-5674
Agnes Felton 10-31-13 480 S Silver Dr 85120 986-4245
Ralph Stinson 10-31-14 2701 S Idaho Rd #108 85119 227-1293
Jane Jones-Denney* 10-31-13 2084 W 9th Avenue 85120 983-6247 363-1299(cell)
CONSTRUCTION CODE BOARD OF APPEALS (2 year terms of office—nonresidents allowed, but must be in
sphere of influence)
Professional Architect or Engineer.
Anthony Bowler 10-31-14 1124 W 3rd Avenue 85120 710-1150 710-1150
General Contractor:
(Vacancy) 10-31-13
Contractor other than General Contractor.
Dallas Dewey 10-31-14 2758 W McKellips 85120 982-4523 982-3679
John Ford 10-31-13 5484 E 36th Avenue 85119 983-6776 983-6776
Lay Person:
(Vacancy) 10-31-12
Delbert Tapaha 10-31-13 8800 E Avenida Ls NochesGC 85118 710-6639
HEALTH AND HUMAN SERVICES COMMISSION (three year terms of office—nonresidents allowed, but must be in
sphere of influence)
Andrew Whiteneck* 10-31-14 1034 E. Pima 85119 204-6947
Randy Mullen 10-31-15 3248 S Chaparral 85119 671-9747 603-5922
Robert Mayo 10-31-13 3700 S Ironwood Drive#124 85120 982-5698 (cell)334-0761
Jodene Weeter** 10-31-15 1116 S Grand 85120 984-4471
Georgiana Elias 10-31-14 5359 E Broadway 85119 354-5158 321-4311
INDUSTRIAL DEVELOPMENT AUTHORITY (six year terms of office—city residents only)
Jane Jones-Denney 10-31-15 2084 W 9th Avenue 85120 363-1299 983-6247
Jeff Struble 10-31-15 953 S Warner 85120 694-5100 694-5100
Conrad Pisinski 10-31-14 1069 W 14th Avenue 85120 474-8182
Andrew Whiteneck 10-31-14 1034 E Pima 85119 204-2947
Stephen Amrhein 10-31-16 455 S Delaware#167 85120 983-6915
Luciano Buzzin 10-31-16 3355 S Cortez#35 85119 374-4023
Rudolph Tameron 10-31-14 3899 S Wickiup 85119 982-6890 516-3539
Unless otherwise indicated, all addresses are for Apache Junction
*Chairman
**Vice Chairman
Page 1 of 3 8/15/13
TERM EXPIRES ADDRESS HOME PHONE WORK PHONE
LIBRARY BOARD (three year terms of office—city residents only)
Randy Mullen 10-31-14 3248 S. Chaparral Rd 85119 671-9747 603-5922
Robert Mayo** 10-31-14 3700 S Ironwood Drive#124 85120 982-5698 (cell)334-0761
Todd Cousins 10-31-15 1040 W 19th Avenue 85120 982-1766 626-833-1696
Loretta Nielsen 10-31-15 2540 W Hawks Eye Ave. 85120 983-4199 (cell)602-400-6010
Theresa Nesser 10-31-13 1511 S. Cactus Rd 85119 982-1403 �,
Drew Rappleye 10-31-13 1377 S Valley Dr 85120 288-7272 231-3156
Rhonda Jackson 10-31-13 P.O. Box 3963 85117 288-4031
MUNICIPAL PROPERTY CORPORATION BOARD MEMBERS AND STATUTORY AGENT(FOR INFO. ONLY)
(three year terms of office—city residents only)
Jeff Struble 10-31-14 953 S. Warner 85120 694-5100 694-5100
Wayne Standage 10-31-15 1920E 20th Avenue 85119 982-1051
Michael Weller 10-31-14 471 W. 21st Avenue 85120 980-1685 983-5674
Luciano Buzzin 10-31-13 3355 S Cortez#35 85119 374-4023 374-4023
Jodene Weeter 10-31-13 1116 S Grand 85120 984-4471
Scott W Ruby
do Gust Rosenfeld P L C
201 E Washington Street, Suite 800
Phoenix, AZ 85004-2327
PARKS AND RECREATION COMMISSION (three year terms of office—city residents only)
Jesse Gage 10-31-14 839 N Vista 85119 602-291-6552
Jennifer McGraw 10-31-15 1333 S Cactus Rd 85119 299-1454 947-3300X527
Theresa Nesser* 10-31-15 1511 S Cactus Rd 85119 982-1403
Wayne Standage, Jr 10-31-15 1920 E 20th Avenue 85119 982-1051
Mona Barton 10-31-13 1264 S Palo Verde 85120 671-1345 982-1110 x2314
Conrad Pisinski ** 10-31-13 1069 W 14th Avenue 85120 474-8182
Jeff Struble 10-31-14 953 S. Warner 85120 694-5100 694-5100
PLANNING AND ZONING COMMISSION (three year terms of office—city residents only)
Luciano Buzzin 10-31-14 3355 S Cortez Rd #35 85119 374-4023 .•..
Peter Heck 10-31-14 1390 N San Marcos 85120 254-8883 983-5047
Pat Richmond 10-31-14 3080 W. 16th Avenue 85120 982-0781
Liza Kovach 10-31-15 2309 S San Marcos 85120 734-1485 474-5617
Colleen Hill 10-31-13 1615 W Mockingbird St 85120 233-1577 233-1577
J Sue Johns 10-31-13 1382 S Palo Verde Dr 85120 288-8122
Theresa Nesser* 10-31-15 1511 S Cactus Rd 85120 982-1403
PUBLIC SAFETY PERSONNEL RETIREMENT BOARD (four year terms of office—city residents only)
Mayor Insalaco* 12-1-16 300 E Superstition Blvd 85119 982-8002
Troy Mullender 10-31-14 (Police Department Rep )
Clyde Allison 10-31-16 (Police Department Rep)
Jodene Weeter 10-31-14 1116 S Grand 85120 984-4471
Tom James 10-31-16 P O. Box 8564 85178 288-2716
*Chairman
**Vice Chairman
Page 2 of 3 8/15/13
TERM EXPIRES ADDRESS HOME PHONE WORK PHONE
SUPERSTITION MOUNTAINS COMMUNITY FACILITIES DISTRICT NO 1 (six year terms of office—must be
property owner of no more than 40 acres
Kathleen Waldron 7-7-2014 P O Box 4284 85178
Patricia Richmond 7-7-2016 3080 W 16th Avenue 85120 982-0781
Anthony Bowler 7-7-2016 1124 W. 3rd Avenue 85120 710-1150 710-1150
Steven McDaniel 7-7-2016 1666 S Lawson Drive 85120 602-796-1629 789-2753
(Vacancy) 7-7-2014
*Chairman
**Vice Chairman
Page 3 of 3 8/15/13
mow.
•<� r300E Superstition
,.r City ofApache Junction, Arizona
h t " �ti, Boulevard
25 ,f .1!, mot.;. Agenda Item Cover Sheet Apache Junction AZ 85119
ktAgenda Item No 4
.
-it i�
F File 1D• 13-274
Sponsor. Agenda Date: 9/16/2013
Index: Outside Scope of Council Priorities In Control. City Council Work Session
Presentation and discussion on proposed rezoning case PZ-5-13, an application from Hudd
and Eileen Hassell, represented by Edmir Dzudza, requesting rezoning for their property at
2888 W 16th Avenue from Trailer Homesites (TH)to Conventional Single-family Homes by
Planned Development(CR-3/PD) Presentation and discussion
Attachments:Case PZ-5-13 Council Cover Memo, PZ-5-13 PZ Rep w Attachments
City of Apache Junction,Arizona Page 1 Printed on 9/9/2013
D�PpAC��✓4.�
� o
U z City of Apache Junction
4R' O Development Services Department
Date: September 4, 2013
To• Honorable Mayor and City Council Members
Through: George Hoffman, City Manager
Brad Steinke, Development Services Director
From Rudy Esquivias, Senior Planner/Zoning Admin.
Subject: September 16, 2013, City Council Work Session Item.
PZ-5-13 Hassell/Dzudza Rezoning
Background
Hudd and Eileen Hassell, represented by Edmir Dzudza, have
applied for a rezoning of their 0 37-acre property located at
2888 W 16th Avenue, from TH (Trailer Homesites) to CR-3/PD
(Conventional Single-family Homes by Planned Development) .
Their plan is to split the property into two equal-sized 5, 953-
square-foot lots which will be accessed from 16th Avenue, and
develop said new lots with new Villagio-style conventional
single-family homes The only Planned Development deviations
they are asking for are smaller lot sizes and narrower lot
widths than would normally be allowed for CR-3 lots in an area
with improved streets Along with the rezoning request, the emN
applicants are also processing their proposed land split map.
The property cannot be split unless the rezoning is approved
first.
Planning and Zoning Commission Recommendation
On August 27th, 2013, the Planning and Zoning Commission held a
public hearing regarding this request (P&Z staff report and
exhibits attached) The Commission voted to recommend approval
of the PD rezoning by a vote of 5 to 0 (two Commissioners
absent) .
Two neighbors spoke at the public hearing, one in favor of the
rezoning and the other with concerns about two-story homes
backing up to his residential lot. There was some discussion
about how far the backs of the new homes would be to his home to
the north of the subject site. It was estimated that there
An\ p
•
would be about 45 to 50 feet distance from the backs of the new
homes to the common property line, then there is another 20 feet
distance to the neighbor' s home; for a minimum separation of
about 65 to 70 feet, back of home to back of home .
The Commission voted in favor of the rezoning subject to the
recommended conditions in the staff report except that they
''ak changed condition #4 to read as follows
4 ) Side yard setbacks for the proposed homes shall be 7-1/2
feet minimum, for a minimum separation of 15 feet between
the new homes .
The Commissioners also added a new condition #8 to read
8 ) The garages shall be located opposite to each other.
Attachments. PZ Staff Report from August 27, 2013, with all attachments.
p
i.. .�.
4.8
y 3
City afApache Junction
Development Services Department
PLANNING AND ZONING COMMISSION
PUBLIC HEARING STAFF REPORT
DATE: August 27, 2013
CASE NUMBER: PZ-5-13
APPLICANTS/OWNERS: Hudd and Eileen Hassell
REPRESENTATIVE: Edmir Dzudza
REQUEST: An application requesting rezoning from TH
(Trailer Homesites) Zone to CR-3/PD (Con-
ventional Single-Family Homes by Planned
Development) , for the purpose of splitting
the subject lot into two and then con-
structing a new home on each new lot .
LOCATION: The property is located at 2888 W. 16th
Avenue, which is west of the northwest
corner of W. 16th Avenue and S. Warner
Drive.
GENERAL PLAN/
ZONING DESIGNATION: Medium Density Residential at 1 to 6
dwelling units per acre.
SURROUNDING USES: North• Manufactured Homes (zoned TH) ;
South: Conv. Single-family homes (zoned
CR-3MH/PD) ;
East: Manufactured Homes (zoned TH) ;
West: Cony. and Manuf. single-family
homes (zoned CR-2/PD and TH) .
BACKGROUND
The subject property is located in one of the older parts of
town. The neighborhood north of 16th Avenue, west of Delaware,
developed over the years with a mix of residential subdivisions
and land split properties. The subject site resulted as a
result of TH land splits many years ago. The TH zoning in this
.a.
PZ-5-13 {Hassell/Dzudza)
PAGE 2 OF 6
area predates the incorporation of the City. The lot itself was
most recently developed with a manufactured home and a couple of
detached accessory buildings . The manufactured home and one of
Am. the accessory buildings was non-compliant with TH zone side yard
setbacks requirements Those buildings have now been removed
from the site Presently, the lot is being used to temporarily
store equipment and soil for the on-going street improvements on
W. 16th Avenue.
Also recently, on the south side of 16th in the immediate
neighborhood, the Casa Villas and Villagio subdivisions are in
the process of being developed Mr. Hassell has been involved
in the realization of both of those developments. Through a
development agreement with the City, Mr Hassell also helped
facilitate the further improvement of W 16th Avenue between the
Villagio and Casa Villas subdivisions and extending west to S.
Cedar Drive on both sides of the street 16th Avenue encompasses
part of the south side of the subject property, and as part of
the right-of-way acquisition for the 16th Avenue improvements,
the south 40 feet of the property has already been dedicated to
the City.
PROPOSAL
The applicants have purchased the subject property and seek to
improve it by rezoning it to CR-3/PD. Their plan is to split
the property into two equal-sized 5, 953-square-foot lots which
will be accessed from 16th Avenue, and develop said new lots with
new Villagio-style conventional single-family homes. The only
Planned Development deviations they are asking for are smaller
lot sizes and narrower lot widths than would normally be allowed
for CR-3 lots in an area with improved streets.
Along with the rezoning request, the applicants are also
processing their proposed land split map (see Minor Land
Division exhibit attached) . The approval of the proposed land
split is contingent on getting rezoning approval; in other
words, the property cannot be split unless the rezoning is
approved first.
PLANNING STAFF ANALYSIS AND FINDINGS
Relationship to General Plan:
PZ-5-13 (Hassell/Dzudza)
PAGE 3 OF 6
The subject site and the surrounding properties are designated
by the General Plan as "MD" Medium Density Residential, maximum
of 6 dwelling units per acre (du/ac) . This development proposal
is in compliance with the General Plan.
Zoning/Site Context:
The requested CR-3/PD zoning is compatible with other medium
density single-family zoning districts in the area, including
the subdivisions to the south of the site, such as Villagio and
Meridian Manor Larger TH lots also surround the site . Staff
believes this development proposal will be a positive improve-
ment to the area and will hopefully encourage the redevelopment
of more neighboring properties with conventional single-family
homes As mentioned previously, an improvement already done to
the lot is the removal of the nonconforming structures .
Planned Development Request;
As mentioned above, the only Planned Development deviations
requested are 1) the creation of 5, 953-square-foot lot sizes;
in an area with improved streets, the CR-3 base zone would
normally allow for a minimum 7, 000-square-foot lot ; and 2)
because of the existing width of the lot, the applicants are
asking for two 50-foot wide lots, instead of 60-foot wide lots
normally required in CR-3 . Other than that, the standard
setbacks in the CR-3 zone are 20 feet front and rear, and 5 feet
and 10 feet on the sides, with a maximum 40% lot coverage.
Because of the deviations listed above, a Planned Development
process is necessary for this development . As trade-offs for
the PD zoning, Staff will ask for 4-sided architecture, ground-
mounted AC units, 2-car enclosed garages and front yard
landscape packages for the new lots.
Public Input:
The applicants' public participation plan is included herein
So far, a few comment cards (attached) have been received from
surrounding neighbors; one in support of the rezoning and two in
opposition, but not stating any reasons for opposition.
PLANNING AND ZONING COMMISSION WORK SESSION
The P&Z Commission held a work session discussion on this
rezoning request on August 13 , 2013 . Two main comments were
expressed by Commissioners . Commissioner Buzzin requested that
,p p
PZ-5-13 (hasseil/Dzudza)
PAGE 4 OF 6
a comfortable separation distance be provided between the two
new homes. Staff commented that the side setbacks normally
required for a home on a CR-3 lot are 5' minimum on one side and
10' on the other; we will request that the applicant provide a
.•. minimum of 15' distance between the two new homes . Commissioner
Richmond commented that it would be advantageous for the owners
to install their driveway entrances and their sewer taps to the
proposed lots now, while the new street construction is going
on, rather than having to tear up a new street to install those
improvements later.
Staff conveyed these comments to Mr. Hassell and Mr. Dzudza.
Mr. Hassell commented that the driveways were planned for in
advance and have been constructed; and that a sewer hook-up has
been provided to the property. He will work with the Sewer
District to provide sewer to both lots.
PLANNING DIVISION RECO2NDATION
This is a relatively minor and low intensity planned development
rezoning request, but as with any PD rezoning, Staff recommends
a few trade-offs for the requested deviations. Staff
respectfully recommends to the Commission that they include the
following conditions of approval as part of a favorable
recommendation to the City Council .
RECOMMENDED MOTION FOR PLANNED DEVELOPMENT REZONING
I move that the Planning and Zoning Commission recommend to the
Apache Junction City Council the (APPROVAL/DENIAL) of planned
development rezoning case PZ-5-13, a request by Hudd and Eileen
Hassell, represented by Edmir Dzudza, for a rezoning of their
0. 37-acre property located at 2888 W. 16th Avenue, from TH
(Trailer Homesites Zone) to CR-3/PD (Conventional Single-family
Homes by Planned Development) , for the purpose of creating two
new lots (through a land split process) for conventional single-
family homes, subject to the following conditions of approval:
1) Street improvements for 16th Avenue along the property' s
south 40 feet shall be completed as scheduled, but shall
include two new driveways for the proposed lots and
sewer hook-up connections as appropriate.
PZ-5-13 (Hassell/Dzadza)
PAGE 5 OF 6
2) The proposed homes shall include southwest architectural
features insofar as desert tone colors and materials;
shall offer ground mounted air conditioning units; and
shall be designed with two-car enclosed garages and
architectural treatments on all four sides of the
buildings so as to preclude flat or blank facades,
including pop-outs and roofline and color variations to
add visual interest.
3) The homes shall include front yard landscape packages
consisting of at least two 24" box trees, four 5-gallon
shrubs and decorative half-inch-minus decomposed granite
ground covers per home.
4) Setbacks for the proposed homes shall be in accordance
with standard CR-3 zone setback requirements (20' front,
20' rear, 5' and 10' sides) , except that one home shall
be setback at least 5 feet from the common property line
and the other home shall be setback at least 10 feet
from the common property line, resulting in no less than
a 15' separation distance between the new homes .
5) Any attached covered patios shall also meet setback
requirements for the homes.
6) All applicable permits shall be applied for and plans
shall be designed to current City codes prior to any
construction on the lots. Inclusively, all applicable �..
development fees shall be paid at the time of permits
issuance on a per-building basis.
7) The proposed land split shall be in accordance with the
land split concept presented with case PZ-5-13,
incorporated by reference herein.
The City Council is scheduled to hold a work session discussion
on case PZ-5-13 on Monday, September 16, 2013, and a public
hearing on the case on Tuesday, October 1, 2013 . Both meetings
will be held at 7pm in the City Council Chambers.
OIN
PZ-5-13 (Hass '1/Dzudza)
PAGE 6 OF 6
Prepared 4dy squivias
Senior P4nn r/Zoning Administrator
ek
Attachments
Exhibit #1 - Rezoning application
Exhibit #2 - PZ-5-13 Vicinity Map
Exhibit #3 - Aerial image of property
Exhibit #4 - Aerial image of surrounding neighborhood
Exhibit #5 - Neighborhood outreach letter
Exhibit #6 - Comments received from neighbors
Exhibit #7 - Proposed Land Split plan
CITY OF APACHE JUNCTION
REZONING APPLICATION FORM
Owner/Agent Information:
Name: EOM 7 p 1 Telephone. 6Oe-/Agf"FLU
Address: 0 7 {A) kATH v ? "ram(C rJ t X A 2 3
Property Information:
Zoning Classification •
Current- 141 Requested: re-- -s/ i l
Property Size: 0,4 IXacres ❑ square feet County Tax Assessor Parcel #: /02— �4.—072
Legal Description of Property (found on County Tax Bill Notices): 771'F 1Q7 Fifer
o, 7Xt .S l'5"9.rK re.,er or Tee OF 7it S " ef -ficE
of Aitt4
n�wner Address, above):
r /0, z oF p/E -4) viND _sit a
Adgess/Locatlon of Property� differe )
2 3 iv . l6/1 /4J'L Af -.PA)t71CA/ A2
List all improvements to Property: L Dr .c ay-- 7 G f 4rC� -C S'
Structures/Use of Adjacent Properties:
North: S. F, South: S-
Fast: .S . t West: i t
e
Reason for Rezoning Request: ' U l i> 7-14k2 d 17 A
List any land-use or environmental impacts that may be expected if property is rezoned:
/vp/✓t
FOR OFFICE USE ONLY
Case No • PZ- - Date Filed.
Application Received By: Fee Amount.
4..
II/We certify that.
i
I/We are the owner(s) of the property described in this application for rezoning and
have submitteci copies of deeds or title reports as proof of ownership.
I I/We have read the application instructions and have truthfully completed this
application. I/We understand that rezoning is conditional upon dedication and time
-requirements,and that the City has the option of either approval or denial of this
j request following conduct of a Public Hearing.
i
We,being the owner(s) of the, roperty in this application, have appointed
•� iu1� pC. i " ? as my/our representative agent. Vile have
authorized him/her to do whatever is necessary to have this request considered
1
favorably by the City of Apache Junction and agree that all correspondence relating
to this matter should be delivered to him/her.
PLEA§E PRINT
Property-11(-61a gaSS€ (1 Al. Airai .-ala 0
r"Owner Name �/�'[ 7ture
r -
4(2 2 t Lel '1 J
Street Address
.1/4 Az PRor ( 62 -SZ s--/C
City,.State,Zipt Telephone
Property Owner Signature
Street Address
City,State,Zip Telephone
Agent Name Signature
9/7 k'. biriftetAl 1.2e
Street Address
ri-&;:c-ivr x. 4z 610- 2S eoz/ist--9zge
City,State,Zip Telephone
STATE OF ARIZONA The foregoin nstrument w s a knowledged hefore
L, SS met • `"day of ,20 I
_., _ _ Eit. abt-on'
COUNTY 01P ILL cC��m"6�r., STEPHANIE ROTCHSTEIp otary P li
"' Notary Mk-Art>ront
44...s1'My 00mm.bon Mir30,30i7 — --
PZ - 5 - 13
PROPOSED REZONING BY 14A55El.L/DZUDZAy
FROM 'i'N TO GR-3/pU FOR '741E PURPOSE OP
SPLI"'rttY16 LOT AN CONSTRUCTING NEW
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Lot Spilt
2888 W. 16th Avenue
CITIZEN PARTICIPATION PLAN
July 31, 2013
Purpose
The purpose of this Citizen Participation Plan is to provide the Town of Apached
Junction Staff with information regarding the plan to inform citizens and property
owners in the vicinity concerning the Applicant's request to the Town of Apached
Junction regarding the Lot Split project located at 2888 W 16th Avenue The requests to
the City include the following.
1 Rezoning from TH to CR-3/PD;
2. Administrative Lot Split).
This information will ensure that those affected by this application will have an
adequate opportunity to learn about and comment on the proposed plan addressed in
the application
Contact:
The person coordinating the Citizen Participation activities is listed below:
Edmir Dzudza
E-Project, I-IC
917 W. Kathleen rd
Phoenix, AZ 85023
Phone. 602-481-9282
e-mail: e-project@cox.net
Actions:
In order to provide effective citizen participation in conjunction with this application,
the following actions will be taken to provide opportunities for feedback from
surrounding property owners:
1 A neighborhood meeting will be held to meet with property owners,
citizens and interested parties to discuss the proposed project. The
notification list for the neighborhood meeting will include all property
owners within 300' of the subject property as well as registered
neighborhood contacts within 1/2-mile of the property (the registered
neighborhood contacts will be provided by the City of Apache Junction
Neighborhood Outreach Division) A copy of the letter for the
neighborhood meeting will be provided to the City of Apache Junction in
the future, once a date and location has been established for the
neighborhood meeting. Minutes and sign-in sheets from the
neighborhood meeting will also be submitted to the City of Apache �.
Junction
2. For the public hearings, all property owners within 300' of the subject
property, plus any and all neighbors who attend and sign-in at the
neighborhood meeting will be notified by letter of the public hearings
before the Apache Junction Planning and Zoning Board and City Council.
3 Additional neighborhood meetings and/or presentations will be made to
groups of citizens and other interested parties as necessary.
Attached Exhibits:
■ Property owners within 300'+of the subject property
■ Notification Map of Surrounding Property Owners within 300'
Schedule:
Formal Application Submittal—July 01, 2013
Neighborhood Meeting—August 08,2013
Submittal of Final Citizen Participation Report—August 12, 2013
Planning and Zoning Work Session—August 13,2013
Planning and Zoning Public Hearing—August 27,2013
City Council Work Session—September 16,2013
City Council Public Hearing—October 01, 2013
EXHIBIT"A"
(Property Owners within 300'of the Subject Property)
SEE ATTACHED
7/31/2013
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Rezoning Case; PZ-5-13 W.Apache Junction
Name: f�i�1 4- i� ira`i"�L �7-
Address: .2 W/ Ill, /'// f1," 1 4104c1je_ .J.-r,.,,ell,,,
ZI support this rezoning case
I oppose this rezoning case
Comments:
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i� i f ezonliig use: PZ-JS-13
1 Y - { 2888 W.Apache Junction
Name: �(C.,-f_ L
a Address- SZS S . C.' ✓S11#(-
ri I supporttis rezoni-p case
oppose this rezoning case
Comments:
/Mk III
3 Rezoning Case; PZ-5-13
2888 W.Apache Junction
—J Name: J)UY1fltt, S ru\ 1
in
Address: 2 )02 Vy ,' 11Th C1
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"' E] I support this rezoning case
I oppose this rezoning case
Comments:
Rezoning Case: Pt-5-13
288 W.kuiche Junction
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Address: ‘-7/4-6*. l.V jCAL . A7
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support this rezoning case
I oppose this rezoning case
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Comments:
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`7.: City of Apache Junction, Arizona
300 E Superstition
Boulevard
r :F' g, Apache Junction,AZ 85119
Agenda Item Cover Sheet
Agenda Item No 5
1 i` File ID 13-275
Sponsor: Rudy Esquivias Agenda Date: 9/16/2013
Index- Outside Scope of Council Priorities In Control-City Council Work Session
Presentation and discussion on proposed second amendment to a development agreement
between the City and the owners of the Hitching Post/Dash In property, represented by
attorney Ralph Pew, proposing to amend the approved site plan for the property to
accommodate a bull-riding venue Presentation and discussion.
Mr Mehmood Mohiuddin is proposing the bull-riding venue as a weekend attraction, ancillary
to his bar/restaurant establishment His is also separately requesting an extension of
premises whereby customers can take their beverages with them, outside the restaurant, to
watch the bull-riding activity He has secured agreements with neighboring property owners
for off-site overflow parking The City Attorney will discuss the details of the revised
development agreement
Attachments Hitching Post Development Agreement Amendment Memo, Bull-Riding memo attachments,Amend
City of Apache Junction,Arizona Page 1 Printed on 9/9/2013
PpCHF✓
D�A ins
City ofApache Junction
4Rl ONP Development Services Department
September 4, 2013 .a
Memo to. Honorable Mayor and City Council Members
Through: George Hoffman, City Manager
Brad Steinke, Development Services Director
From Rudy Esquivias, Senior Planner/Zoning Administrator
Subject: Discussion Item, September 16, 2013: Proposed
Second Amendment to Development Agreement Between
City and Dash In/Hitching Post (Bull-riding Venue)
Background
The owners of the Dash In/Hitching Post businesses, at the southeast corner
of E Lost Dutchman Boulevard and N Apache Trail (S.R 88) , have requested
approval of an extension of premises of their liquor license to accommodate
an outdoor bull riding arena on their property. Since the property is
currently subject to a development agreement and specific site plan, the
requested bull riding arena requires a development agreement amendment
The attached materials, including a letter from the applicants' Counsel, are
submitted in support of the proposed development agreement amendment, which
the City Attorney will overview for the Councilmembers. This amendment
provides, among other things, that the bull riding activity area be located
and designed in accordance with the updated site plan, and that the necessary
overflow parking to accommodate the expanded use be allowed off-site on
properties located directly to the south and across the street to the north r N
at the Elks Club (see letters) The draft amendment further requires that
the expanded outdoor activity cease if both of these off-site parking areas
are discontinued by their respective owners.
Attached:
- Letter from Attorney Ralph Pew
- Proposed Site Plan (architect-stamped)
- Off-site Parking Agreement with south neighbor
- Off-site Parking Agreement with north neighbor
- Letter from ADOT
- Letter from ADEQ
- Letters from bull-riding representatives
- Informal Traffic Count
ii:11111111111
IlLPeal Estate and Land Use Attorneys
EMU
IMO
W Ralph Pew
CerWreo tea,Estate 5orct..,;L'
Sean B Lake August 7, 2013
Reese L.Anderson
HAND DELIVERED
Mr Matt Busby
Assistant to City Manager
City of Apache Junction
c/c Rudy Esquivias
300 East Superstition Blvd.
Apache Junction, AZ 85219
Re Request and Application to the City Council for Approval of the Second
Amendment to Economic Development Agreement Between City of
Apache Junction and Mehmood Mohiuddin ("Development Agreement")
Dear Mr. Busby:
This law firm represents Mr Mehmood Mohiuddin ("Owner') in conjunction with
his application to the City of Apache Junction ("City") for the approval of the Second
Amendment to the Development Agreement concerning the Dash In Mini Mart and
Hitching Post Restaurant/Bar, In conjunction with this application to amend the
Development Agreement, the Owner is also applying for and will process a request for
an extension of premises approval through the State Liquor Board and the City Clerk's
office
Please accept this letter as the owners project description and request for
approval by the City Council of the Second Amendment to Development Agreement.
Included with this letter is the $2,500 application fee payable to the City to process this
Amendment request.
The Owner operates the Dash In Mini Mart and Hitching Post Restaurant/Bar
located at the southeast corner of N Apache Trail (S R 88) and East Lost Dutchman
Boulevard The Owner has ceased its operation of the dispensing of gasoline at this
site, has property closed the tanks associated with that business enterprise according to
ADEQ s regulations and is now abiding the five (5) year time period after which ADEQ
will then make its final site evaluation and issue its final closing letter In the meantime,
the site can be used for the proposed bull riding arena
V?I _ �, liF >c f' Jr.( r. E. 4 4f3t <f1 r . rtct
Mr. Matt Busby
Assistant to City Manager
City of Apache Junction
August 7, 2013
Page 2 of 4
The request by the Owner is to amend the Development Agreement by adding a
new arena approximately 70' x 76' in size located on the immediate southeast corner of
N Apache Trail and East Lost Dutchman Blvd This bull nding arena will not be used as
a separate standalone event venue, rather, the intent of this arena is to provide an
onsite entertainment adjunct use to the existing convenience store and Restaurant/Bar.
The attached fully dimensioned and accurate site plan indicates how the bull riding
arena will function The important aspect of this use is that the arena is fully contained
and that, in order to watch the bull riding, an individual must enter through the
restaurant/bar and access the bull riding arena through the walkway areas designed on
the southeast side of the property. The attached site plan clearly indicates how the
corrals and shoots for the bulls and entrance into the arena will occur and further
demonstrates the fact that issues relating to safety of spectators have been addressed.
Access for delivery of the bulls to the site is shown in such a manner that the truck and
trailer can easily and safely be maneuvered into the staging area for this purpose at the
extreme northeast corner of the site.
The perimeter of the bull nding arena area will be enclosed by an 8' screened
fence and the confines of a 70' x 76' arena will be further enclosed by an additional 6'
chain link fence.
The bull riding will occur on two (2) nights a week. Thursday and Saturday nights
from 8 p.m. to 10 p m will be the times in which bull nding will occur onsite and
spectators for the bull riding arena will have access to the arena only through the
Restaurant/Bar and this use should be considered as an adjunct or ancillary
entertainment use for the existing Restaurant/Bar onsite.
Specific improvements to the site that will accommodate this use are as follows
A Additional parking has been provided on the south of the site in addition to
parking that can also occur on the north of the site across East Lost
Dutchman Blvd at the Elks Lodge. Included with this application is a
Traffic Vehicle Count indicating that the traffic volume on East Lost
Dutchman Blvd. from 6 p m in the evening until 10 p m, is extremely low
and that, to the extent patrons/customers park on the north side of East
Lost Dutchman, access to the site can be safely handled In addition,
lighting has been added along East Lost Dutchman Blvd. at the northeast
corner of the site thereby improving safety for pedestrians crossing East
Lost Dutchman Blvd.
Mr Matt Busby
Assistant to City Manager
City of Apache Junction
August 7, 2013
Page 3 of 4
B We also point out that lighting has been an important issue for safety and
consideration of adjoining property owners In that regard, new lighting
will be installed near the intersection of North Apache Trail and East Lost
Dutchman in such a way that the lighting will project in a southerly and
easterly direction so as to avoid any conflict or possible disturbance to
property owners to the west and north and traffic along N Apache Trail.
In conjunction with this request, the owner has also submitted with this
letter/application the following information:
1. Letter dated February 13, 2013 from Merrisa Marin, the right-of-way
project coordinator for the Arizona Department of Transportation indicating
that the proposed bull riding arena and use at this location will not have an
adverse impact on ADOT's highways in the area (Exhibit A).
2 Letter dated January 24, 2013 from Gregory Gile as trustee for the
Apache Junction Elks Lodge 2349 authorizing the Hitching Post Pizza and
Pub and Dash In convenience store to utilize its lower parking lot for
overflow parking (Exhibit B). The reason this letter is not framed as a
more formal lease is because the monetary consideration exchanged for
utilizing the overflow parking is the payment of property taxes and
because the Elks Lodge, as a non-profit entity, cannot enter into
agreements for monetary gain. In addition, we have enclosed the Lease
Agreement between Zion International and the owner concerning the
parking availability on the south side of the project (Exhibit C). In our
opinion, the supplemental parking arrangements provide significantly more
parking than is required or necessary because occupancy within the
Hitching Post Restaurant/Bar is already limited by Fire and Building Code
Regulations
3. Letter from the Arizona Department of Environmental Quality dated
December 21, 2011 addressed to Mr. Baxter of Mobile Petroleum and
Plumbing indicating that the closure of the gas tanks on the site meet the
qualifications and certification requirements set forth in the Arizona
Administrative Code concerning the closure of such gasoline tanks
(Exhibit D).
4 A Traffic Vehicle Count taken on Saturday, March 2, 2013 demonstrating
the minimal traffic count that exists in the evenings along East Lost
Dutchman (Exhibit E)
Mr Matt Busby
Assistant to City Manager
City of Apache Junction
August 7, 2013
Page 4 of 4
5 Letter from John Hetzel, the owner of Spear J Cattle Company, addressed
to the Apache Junction City Council explaining how the bull riding arena
will function along with the safety provided for spectators (Exhibit F). In
this regard, we have also enclosed a letter from Buster Webb of W/A
Rodeos dated February 25, 2013 concerning his interpretation and opinion
of the location, functionality and safety of the proposed bull riding arena
(Exhibit G).
On behalf of the Owner, we have reviewed the draft of the Second Amendment
to the Development Agreement as prepared by the City Attorney, Joel Stem. The
Owner agrees with the terms and conditions contained in the draft of the Second
Amendment including the requirement to cease operating the bull riding arena if the
supplemental parking availability is terminated
On behalf of the Owner, we respectfully request that the Apache Junction City
Council approve the Second Amendment to the Development Agreement and allow the
bull riding arena as an adjunct use to the existing convenience store and the Hitching
Post Restaurant/Bar
Please let us know when this item can be calendared for consideration by the
Apache Junction City Council and we will attend and represent the Owner to explain to
the City Council members the functionality and purpose of the bull riding arena along
with the safety provisions that have been incorporated into this new plan and to address
any questions they or the City staff may have.
Sincerely,
FED
W Ralph Pew
WRP/kfs
Enclosures
cc Mehmood Mohiuddin
Joel Stem, City Attorney
EXHIBIT A
ADOT
Intermodal Transportation Janice It Brewer,Governor
John 5.Halikowski Director
Jennifer Toth,State Engineer
Robert Samout,Senior Deputy State Engineer,Operations
Dallas Hammit,Senior Deputy State Engineer,Development
205 S 17th Ave, MD 612E
Phoenix,AZ 85007
February 13, 2013
Mehmood Mohluddin
Property Owner
Hitching Post Restaurant
2341 N Apache Trail
Apache Junction, AZ 85119
Subject.APN 100-25-043A/General Store& Restaurant
Dear Mr Mohiuddin
Thank you for your notification regarding the referenced subject above After reviewing this
information, we have determined that at this time the proposed plan will not have an impact to our
highway facilities in this area.
ADOT reserves the right to review and comment on any and all development plans for the area as to
any impact they may have on the State Highway System
Should you have any questions, you may contact me at 602 712 6341 or in writing at 205 S 17th Avenue,
Right of Way Project Management Section MD 612E, Phoenix, AZ 85007
,.. Thank you in advance tor your cooperation.
Sincerely,
Merrisa Mann
Right of Way Project Coordinator
mritartn@azdut gov
Enclosures (3)
Response letter sent via LISPS and via email at tmlovelady@msn corn& dashln@rnchsr corn
ARIZONA DEPARTMENT OF TRANSPORTATION
206 5 1 7111 Ave I Phoenix,P2 85007 I azdot gov
EXHIBIT B
'/C7-41APACHE JUNCTION ELKS LODGE 2349
I / �'�p 2455 North Apache Trail
-;; Apache Junction AZ 85119
J Phone. 480-982-2349
LLI
`
� U Email elks2349@gwestoffice net
Janaury 24,2013
To• Whom It May Concern
The Apache Junction Elks Lodge 2349 has agreed to lease to the Ilitchin' Post Pizza Pub and Dash-In
our lower parking lot for overflow parking.
If you have any questions or concerns, please call me directly, My number is (480)748-6472.
Sincerely,
APACHE JUNCTION ELKS L GE 2349
, j
1
, �.. i lam y�'
J
By Gregory bile, Trustee
LEASE AGREEMENT
1. Principals
Lessor:Zion International
Dba Park N Save Storage
2304 N Cortez
Apache Junction, AZ 85119
Lessee : Hitching Post Pizza Pub
Dash-In Gas and Mini-Mart
Apache Junction, AZ 85119
2. Purpose : To provide overflow parking for the lessee indicated above.
3. Location •The vacant lot directly West of the Park N Save storage lot. East
adjacent to Highway# 88 and directly South adjacent to the Hitching Post Pub and
Dash-In Mini Mart property. Legal Description APN 100 25 003.
4. Lease Fee: The lessee will pay$ 375.00 per month beginning 06/01/2013 to
the lessor indicated above each month payable not later than the 5th day of each
month. This price will remain in effect until either entity mentioned above changes
it's venue to the detriment of the other. If this occurs this agreement will be null and
void
5. Responsibilities .With this agreement the Lessees will assume responsibility for:
a. vehicle and equipment damage caused by or between parking lot users
occurring within the leased boundaries.
b. personal or livestock injuries inflicted by or between parking lot users
occurring within the leased boundaries.
C. dust control and other city code compliance issues attributed to parking lot
users occurring within the leased boundaries.
6.This agreement will be reviewed annually during the anniversary month to ensure
that all stipulations are being met.
Next page
7. With the representative signatures affixed below all principals acknowledge
that they have read, understand and wij /by the stipulations of this
document. 2
Signatures • Lessee /. i date f /�
Lessor " — date Co t/ 2 0
/3
CC Bob Mays/City of Apache Junction/Code Compliance Officer 480 474 5085
... r.
EXHIBIT D
;0' ARIZONA DEPARTMENT 1-13v
AR‘
7' • O F
ti =; ENVIRONMENTAL QUALITY \‘,..___7P
-* Ail
1110 West Washington Street • Phoenix, Arizona 85007
Janice K.Brewer (602) 771-2300• www.azdeq.gov Henry R Darwin
Governor Director
•
"., December 21,2011
Mobile Petroleum&Plumbing
Attention.Edward Baxter
30514 West Montgomery Road
Wittman,Arizona 85361
RE: Permanent Tank Service Provider Certification
Dear Mr Baxter
Your application for Tank Service Provider Certification under the Arizona Department of Environmental Quality(ADEQ),
Underground Storage Tank(UST)Section has been reviewed.
it has been determined that you have met the qualifications and certification requirements set forth in Arizona Administrative
Code(A.A.C.)Title 18,Chapter 12,Article 8. The followmg identifies the individual who has met the certification -
requirements,the category type and the associated ceerti iication number:
Edward Baxter
Decommissioning D00159 Approval Date 12.21.2011 Expiration Date 12.07.2013
ADEQ review of your application is subject to the requirements of the licensing time frames statute under Arizona Revised
Statutes(A.R.S)§41-1072 through §41-1079 and the licensing time frames rules under A A.0 RI 8-1-501 through RI8-1-525
ADEQ has determined that the application is administratively complete in accordance with the licensing time frames statute and
rules This is the written notification of that determination required under A R S §41-1075 and A A.0 R 18-I-503(D)
Additionally, ADEQ has granted you a license in response to the above referenced application This letter is the written
...\ notification of the licensing decision required under A R S §41-1076 and A.A C R18-1-507(A).
This determination may be an appealable agency action under A R.S 41-1092(3)or a contested case under A.R.S.41-1001(4)
You have a nght to request a hearing on an appealable agency action or a contested case and to request an informal settlement
conference under A R S 41-1092 06 and A.A.0 R 18-1-203 To obtain a hearing on an appealable agency action or a contested
case,you must file a notice of appeal within 30 days after receiving this letter.
If you have any qufstions regarding this matter,please feel free to contact me at(602)771-4316 or toll-free at
(800)234-•677-dxtension 771-4316.
lSince - — --- -- -- - - --
ly' - EDWARD BA)CTEIt
'' a
'\ ,` ' � -.CePtified individuart-,4
Amy Aced aU -+ s,
Y '* s� DECOMMISSIONING
Programs and Projects Specialist II -(.� ' , u r' cettificatioo Category
D00159 :,?, ._
. 4' Certifioahoa�Number
''•-tt'c'tt' : APPROVE: 12.21 2011 .
' ` EXPIRE: 12 7 I01
Expiration Doc
Northern Regional Office Southern Regional Office
1801 West Route 66 • Suite 1 1 7 • Flagstaff, AZ 86001 400 West Congress Street• Suite 433 • Tucson,AZ 85701
(928) 779-0313 (5201 628 6733
EXHIBIT E
Traffic Vehicle Count
Saturday, March 2, 2013
Highway 88
4 Traffic Count -F 10am 6pm 4,969 vehicles passing East
& West in front of 2341 Apache Trait (Hitching Post Restaurant)
-3 Traffic Count - 6pm - 10pm 495 vehicles passing East &West
in front of 2341 Apache Trait (Hitching Post Restaurant)
This traffic count was conducted by volunteers on behalf of the
Hitching Post Restaurant.
Witnesses:
Aehiit
.u,
Notary:
State of Arizona)
County of Vl tciQA )
On this, the day of �ti , 20 \3 , before me a notary
public, the undersigned officer, personally appeared three witnesses
known to me or satisfactorily proven to be the person (s) subscribed
to the within instrument, and acknowledged that they executed the
same for the purposes therein contained.
In witness hereof, I hereunto set my hand and official seal.
ii'+\ lftll M.ILDyELApy
M a '
iya
�A- 'r•r• Notary Public
EXHIBIT F
John Hetzel-Owner
Licensed and Insured
480-650-6003 ('� 031, ���3
vM
L-1716775-8
Johnnybuiifight@yahoo.com
Speat,- ...J CatL{c Co.I4ApaSrit&
i'C e-G' CGt^✓ ...v, irt{M,a VZ saFet i cc'i-' ec F r t
To the Apache Junction City Council,
I John Hetzel the owner of Spear J Cattle Co am writing this letter in regards to the safety concerns
by the council I have also attached a short company bio for a brief description of what we are all about
Your concerns our valid and these are the same concerns every contractor must address across the
nation before an event can take place. The Public! With out the public we have no event So it is in our
best interest to keep the public and our contestants safe
We have submitted an arena drawing that is widely used by roughstock contractors throughout the
country This format is used locally at the Buffalo Chip ( Cave Creek , Az. ) , Roadrunner Saloon ( New
•� River , Az) , Rawhide Old West Town ( Chandler , Az.) and Western Trails Some believe that bigger is
better but not when working with bulls Having this smaller arena keeps the animals contained in a
area that is easier to maintain safety than a 300' arena used for roping. We keep everything in close
proximity so that our personnel are able to respond at a much quicker rate This allows our bull fighters
and contractor personnel to not only respond to our competitors but also to the spectators as well.
There will also be a safety barrier/fence arround the arena so that no spectators get to close Along
with the safety barrier there will also be sufficient lighting so that not only the public is giving a chance
to witness great performances but to allow our staff and riders to see and know their surroundings and
give everyone ample means of egress.
I take safety serious, The persons that I work with take saftety as serious as 1 as well After over 18
years participating in this sport as a rider, clown, bull fighter and now a stock contractor I know what it
takes to put on a quality event. These are just a few examples of a long list of customers that I have
worked with as a contractor for the past 5 years Starting with Rawhide , Your once local store Rodeo
Hard Youth Event , along with Cowboys for Kids and for the past 2 years nationally known Cave'Creeks
.6D
Running of the Bulls. Each one of these events presented its own safety challenges but when working
with people whom I trust and share the same ideals for whats best to keep everyone safe we have had
continual success in maintaining exactly what your concerns are about
I would like to thank each and everyone of you for giving us the opportunity to bring this event to
your city and hope that we are able to come together and bring in some real fun and entertainment to
your city
Thank You,
John Hetzel-Spear J Cattle Co
EXHIBIT G
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DRAFT
1 -28-13
SECOND AMENDMENT TO ECONOMIC DEVELOPMENT AGREEMENT
BETWEEN CITY OF APACHE JUNCTION AND MEHMOOD
MOHIUDDIN
THIS AMENDMENT is made and entered into this day of
20 , ("the Execution Date") by and between the CITY OF APACHE JUNCTION,
an Arizona municipal corporation ("City"), and MEHMOOD MOHIUDDIN, as
owner of Dash In Gas & Mini Mart and Hitching Post Restaurant ("Developer"),
sometimes both collectively referred to as the "Parties".
RECITALS
A. On February 18, 2009, the City and Developer entered into an
Economic Development Agreement and on May 8, 2009, the City and Developer
executed a First Amendment to the Economic Development Agreement which
collectively included provisions for a restaurant in addition to a convenience
market at the southeast corner of Lost Dutchman Boulevard and State Route 88
(the "Property").
B. Developer now desires to expand the development to include a bull
riding arena and related facilities on the Property.
C. Developer also desires to relocate existing trash receptacles, remove
existing fuel pumps, and the propane storage tank, and reconfigure the parking
arrangement to accommodate all uses on the property.
AGREEMENT
NOW, THEREFORE, in consideration of mutual promises contained herein
and other good and valuable consideration, the receipt and adequacy of which
is hereby acknowledged, the Parties agree to amend the February 18, 2009,
Agreements as follows:
AMENDMENT OF AGREEMENT:
A. Recital #10 is added as follows:
On February 18, 2009, the City and Developer entered into a development
agreement which set forth development criteria to allow for a new pizza
restaurant to be built on site.
1
B. Recital #11 is added as follows:
On May 8, 2009, the City and Developer entered into the First Amendment
to the Development Agreement which addressed delay of the landscaping and
driveway delineation requirements.
C. Recital #12 is added as follows:
Developer desires to offer an outdoor bull riding entertainment venue at
the northerly side of the Dash In building with the gas canopy and pumps to be
removed for weekend activity from 8:00 p.m. to 10:00 p.m. Developer will also
be requesting from the Mayor and City Council a positive recommendation for
the State Liquor Board extension of premises authorization.
D. The Site Plan originally attached to the Agreement and referenced in
Section 3(6) is replaced with the new Attachment.
E. Use of the outdoor bull riding venue is subject to shared parking
agreements for overflow off-site parking on vacant property to the south and
across the street to the north at the Elks Club. Should both of these shared
parking agreements be terminated for any reason by the off-site property
owners represented in said parking agreements, all outdoor activities within the
extension of premises area must cease until another comparable off-site parking
agreement is secured.
F. Section 9(P) Severability, is amended as follows:
City and Developer each believe that the execution, delivery and
performance of this Agreement are in compliance with all applicable laws.
However, in the unlikely event that any provision of this Agreement is declared
void or unenforceable (or is construed as requiring City to do any act in violation
of any applicable laws, including any constitutional provision, law, regulation, or
City Code), such provision shall be deemed severed from this Agreement and
this Agreement shall otherwise remain in full force and effect; provided that this
Agreement shall retroactively be deemed reformed to the extent reasonably
possible in such a manner so that the reformed agreement (and any related
agreements effective as of the same date) provide essentially the same rights
and benefits (economic and otherwise) to the Parties as if such severance and
reformation were not required. Unless prohibited by applicable laws, the
Parties further shall perform all acts and execute, acknowledge and/or deliver
all amendments, instruments and consents necessary to accomplish and to give
effect to the purposes of this Agreement, as reformed.
G. All other terms and provisions set forth in the February 18, 2009, and
May 8, 2009, agreements not inconsistent with the intent of this Agreement
remain in full force and effect.
2
IN WITNESS WHEREOF, the Parties hereto have caused this Amendment
to be duly executed as of the day and year first written above.
MEHMOOD MOHIUDDIN, owner of Dash In
Gas and Mini Mart and Hitching Post
Restaurant
By:
Its:
CITY OF APACHE JUNCTION, an Arizona
municipal corporation
By: John S. Insalaco
Its: Mayor
ATTEST:
Kathleen Connelly
City Clerk
APPROVED AS TO FORM:
R. Joel Stern
City Attorney
3
STATE OF
) ss.
County of )
The foregoing was acknowledged before me this day of
, 20 , by as of Mehmood
Mohiuddin, owner of Dash In Gas and Mini Mart and Hitching Post Restaurant.
Notary Public
My Commission Expires:
STATE OF ARIZONA
ss
COUNTY OF
The foregoing was acknowledged before me this day of
, 20_, by John S. Insalaco, as Mayor of the City of Apache
Junction, an Arizona municipal corporation.
Notary Public
My Commission Expires:
4
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dc: �N. OFFICIAL.RECORDS OF
PINAL COUNTY RECORDER
When recorded return to: % « a LAURA DEAN-LYTLE
Richard Joel Stern, Esq. DATE/TIME: 02/24/09 1423
7 Apache Junction City Attorney FEE: $16.50
�� 300 East Superstition Blvd.3PAGES: 16
Apache Junction, AZ 85219 FEE NUMBER: 2009-018381
ECONOMIC DEVELOPMENT AGREEMENT BETWEEN CITY OF
APACHE JUNCTION AND MEHMOOD MOHIUDDIN
This Economic Development Agreement is entered into as of n g,
2009, by and between CITY OF APACHE JUNCTION, an Arizona muni ipal
corporation (hereinafter the "City") and MEHMOOD MOHIUDDIN, as owner of
Dash In Gas & Mini Mart(hereinafter the "Developer") (both collectively referred
to herein as the"Parties").
RECITALS
1. Developer owns 0.67 acres of land, Pinal County Assessor Parcel Nos.
100-25-04205 and 100-25-04304, located at 2341 N. Apache Trail, Apache
Junction, AZ(the "Property"), and more fully described and depicted in Exhibit A.
2. Developer desires to renovate a portion of the Property (Pinal County
Assessor Parcel No. 100-25-04304) zoned Local Business ("CB-2") and convert
the warehouse and storage use to a 2,800 square foot pizza restaurant and pub
to be named the"Hitching Post" (the"Project").
3. In December 2008, Developer contacted the City's Development
Services Department to inquire about the feasibility of the Project.
4. On January 8, 2009, Developer met with City staff at a Preliminary
Design Review meeting, at which time Developer was informed the City-imposed
development fees for the Project would be $52,948.00.
5. On January 12, 2009, Developer's representative requested a waiver
of these fees, and on January 12, 2009, the Development Fee Administrator
denied the request.
6. On January 12, 2009, Developer appealed the Development Fee
Administrator's decision and requested a hearing before the Mayor and City
Council, as allowable under Apache Junction City Code, Volume II, Land
Development Code,Chapter 7, Development Fees, § 7-1-1(M).
7. At a Public Hearing on January 20, 2009, the Mayor and City Council
directed staff to negotiate a development agreement with Developer since there
was a general feeling City's commercial development fees for renovations of
different uses within the same zoning category are generally too high compared
to other municipalities and in view of the current recession.
8. City and Developer are also desirous of addressing public safety
concerns relating to traffic movements entering and exiting Developer's property
from adjacent arterials.
9. Arizona Revised Statutes Annotated (hereinafter "A.R.S.") § 9-500.05
authorizes City to enter into a development agreement with a landowner or any
other person having an interest in real property located within City to facilitate
development of the property by providing for, among other things, the
conditions, terms, restrictions and requirements for public infrastructure and the
financing of public infrastructure.
AGREEMENT
NOW THEREFORE, in consideration of the terms and conditions contained
herein, and other good and valuable consideration, the receipt and sufficiency
of which is hereby acknowledged, the Parties agree as follows:
1. Accuracy of the Recitals: The Parties hereby acknowledge the
accuracy of the Recitals set forth above, which are incorporated herein by this
reference.
2. Term: This Agreement shall commence on the date it is recorded with
the Pinal County Recorder's Office (the "Effective Date") and continue in
perpetuity, or until all obligations have been fully performed, whichever date is
sooner. Notwithstanding the foregoing, Developer's obligation to indemnify,
defend and hold City harmless shall survive the expiration or earlier termination
of this Agreement.
3. Developer's Obligations: Developer agrees to each of the following
obligations:
A) Development Fees. At the time of issuance of the building permit,
Developer shall pay City the Police and General Government
Development Fees for the Project in the amount of Six Thousand Four
Hundred Sixty Dollars and Zero Cents ($6,460.00).
B) Compliance with Site Plan. Developer shall build the Project and
improve the Property in accordance with the Site Plan set forth in
Exhibit B and Building Plans as set forth in Exhibit C, to include all
depicted landscaping, parking stalls (shown with a 10% administrative
reduction), building improvements and delineated driveway entrances.
2
These improvements to the Property shall be completed before a
Certificate of Occupancy is granted for the Project
While the depicted landscaping illustrated in Exhibit B generally
complies with or exceeds the zoning standard for required number of
plants, the plan does not comply with the zoning standards regarding
landscape buffer setback or installation of a perimeter masonry wall.
Accordingly, the development agreement serves to waive these non-
complying landscape elements.
C) Registered Architect/Engineer Stamped Plans. Pursuant to A.R.S. §
32-144(A)(4), the construction plans shall be stamped by a registered
architect or engineer and all drawings shall meet all applicable
construction codes prior to the issuance of a building permit
0) Fire Sprinklers. If required under Applicable Laws described in
subsection (F) below, or by the Fire Marshal or Building Official,
Developer shall install interior fire sprinklers.
E) Business and Privilege Tax License. Developer represents and
warrants that any license necessary to perform the work under this
Agreement is current and valid. Developer understands that the
activity described herein constitutes "doing business in the City of
Apache Junction" and Developer agrees to obtain a business license
pursuant to Article 8-5 of the Apache Junction City Code, obtain any
transaction privilege tax pursuant to Apache Junction Tax Code Article
8A, keep such licenses current during the term of this Agreement, and
pay all tax arrears currently owed to City. Any activity by contractors
and subcontractors within the corporate city limits will invoke the
same business tax regulations on said contractors and
subcontractors, and Developer ensures its contractors and
subcontractors will obtain any required business and transaction
privilege tax licenses.
F) Applicable Laws. For the purposes of this Agreement, the term
"Applicable Laws" means the federal, state, county and local laws
(statutory and common law) ordinances, rules, regulations, permit
requirements, and other requirements and official policies of the City
which apply to the development of the Property as of the Execution
Date.
G) On-Site Waste Disposal System/Septic System. Developer shall
comply with the Applicable Laws in regard to the on-site waste
disposal systems/septic system. Developer shall also provide proof to
City of County approval of the on-site waste disposal system/septic
system prior to the issuance of a building permit.
3
H) Shared Parking/Cross Access Easements. Developer shall record in
the Pinal County Recorder's Office a cross access/parking easement in
perpetuity and provide proof thereof to City no later than the date the
Certificate of Occupancy is issued.
I) Dumpster Screening. Notwithstanding subsection (B) above, the
sides and rear of the garbage dumpster storage area located on Pinal
County Assessor Parcel No. 100-25-04205 shall be screened no later
than one (1) year after the date the Certificate of Occupancy is issued.
4. City's Obligations: City agrees to each of the following obligations:
A) Road Development Fees. City shall exempt any required Road
Development Fees for the Project.
B) Certificate of Occupancy. City shall issue a Certificate of
Occupancy provided that Developer has met the obligations as noted
above in Section 3, subject to the time constraints listed above.
C) Building Plan Review. City shall review and provide all redline
changes to and approvals of the submitted plans in a timely fashion.
5. Developer's Representations: Developer represents that Developer's
representations are true in all material respects as of the date of this
Agreement. The transactions contemplated by this Agreement, the execution of
this Agreement and Developer's performance hereunder have been duly
authorized by all requisite action of Developer or its agents and no other
approval or consent is required for this Agreement to be binding upon
Developer. As of the date of this Agreement, Developer knows of no litigation,
proceeding or investigation pending or threatened against or affecting
Developer, which could have a material adverse affect on Developer's
performance under this Agreement that has not otherwise been disclosed in
writing to City.
6. City Representations: City acknowledges that Developer is expending
a sum to renovate the structures located on the Property in reliance of this
Agreement. City further represents the Property is located within the municipal
limits of City, and City is a duly organized, validly existing municipal corporation
in the State of Arizona, and the individuals executing this Agreement have all,
necessary authority to enter into this Agreement and to bind City.
7. Notices and Filings:
(a) Manner of Serving. All notices, filings, consents, approvals and
other communications provided for herein or given in connection herewith shall
be validly given, filed, made, delivered or served if in writing and delivered
4
personally or sent by express or overnight mail or by registered or certified first
class United States Mail, postage prepaid, as follows:
If to City, to: City Manager
300 E. Superstition Blvd.
Apache Junction, Arizona 85219
And to: City Attorney
300 E. Superstition Blvd.
Apache Junction, Arizona 85219
If to Developer, to: Mehmood Mohiuddin
clo Dash In &Mini Mart
2345 N. Apache Trail
Apache Junction, Arizona 85219
The Parties may from time to time designate in writing and deliver in a like
manner any other such address which they deem necessary without modifying
this Agreement.
8. Delivered Status: Notices, filings, consents, approvals and
communication given by mail shall be deemed delivered upon receipt or refusal.
9. General Provisions:
(a) Waiver. No delay in exercising any right or remedy shall
constitute a waiver thereof, and no wavier by City or Developer of the breach of
any covenant of this Agreement shall be construed as a waiver of any preceding
or succeeding breach of the same or any other covenant or condition of this
Agreement.
(b) Attorney Fees. In any quasi-judicial, judicial, or administrative
proceedings or any other action in any court of competent jurisdiction, brought
by either party to enforce any covenant or any of such Party's rights or remedies
under this Agreement, including any action or declaratory or equitable relief,
each party shall bear their own attorney fees and all costs, expenses and
disbursements in connection with such action, unless such action is determined
by a court to be brought in bad faith, in such case the court may order attorney
fees and costs accordingly.
(c) Indemnification. Developer shall defend, indemnify and hold
harmless City, its agents, officers, officials and employees from and against all
tortious claims, damages, losses and expenses (including but not limited to
attorney fees, court costs, and the cost of appellate proceedings) relating to,
arising out of, or alleged to have resulted from the acts, errors, mistakes,
omissions, work or services of Developer, their agents, employees, invitees,
guests, or patrons in the performance of this Agreement or from any accident or
5
other event occurring on the Property post-construction. Developer's duty to
defend, hold harmless and indemnify City, its agents, officers, officials and
employees shall arise in connection with any tortious claim, damage, loss or
expense that is attributable to bodily injury, sickness, disease, death, or injury
to, impairment, or destruction of property including loss of use resulting
therefrom, caused by an Developer's acts, errors, mistakes, omissions, work or
services.
(d) Counterparts. This Agreement may be executed in one or more
counterparts, each of which shall be deemed an original, but all of which
together shall constitute one and the same instrument. The signature pages
from one or more counterparts may be removed from such counterparts and
such signature pages all attached to a single instrument so that the signature of
all parties may be physically attached to a single document.
(e) Headings. The descriptive headings of the paragraphs of this
Agreement are inserted for convenience only and shall not control or affect the
meaning or construction of any of the provisions hereof.
(f) Exhibits. Any exhibit attached hereto shall be deemed to have
been incorporated herein by this reference with the same force and effect as if
fully set forth in the body hereof.
(g) Further Acts. Each of the parties hereto shall execute and
deliver all such documents and perform all such acts as reasonably necessary,
from time to time, to carry out the matters contemplated by this Agreement.
(h) Time of the Essence and Successors/Assignment and Transfer.
(i) Time is of the essence in this Agreement All of the
provisions hereof shall inure to the benefit of and be binding upon the
successors and assigns of the parties hereof.
(ii) Neither party may assign any of its rights or obligations
hereunder, except as mutually agreed upon in writing by Developer and City.
(i) No Partnership and Third Parties. It is not intended by this
Agreement to, and nothing contained in this Agreement shall, create any
partnership,joint venture or other similar arrangement between Developer and
City. No term or provision of this Agreement is intended to, or shall, be for the
benefit of any person, firm, organization or corporation not a party hereto, and
no such other person, firm, organization or corporation shall have any right or
cause of action hereunder.
(j) Assignments/Transfers. The Parties' rights and obligations
under this Agreement shall be non-assignable and non-transferable, without the
6
prior express written consent of the other party, which consent may be given or
withheld in reasonable discretion.
(k) Entire Agreement. This Agreement constitutes the entire
agreement between the parties hereto pertaining to the subject matter hereof.
All prior and contemporaneous agreements, representations and
understandings of the parties, oral or written, are hereby superseded and
merged herein.
(I) Amendment. No change or additions to be made to this
Agreement except by a written amendment executed by the parties hereto.
Within ten (10) calendar days after any amendment to this Agreement, such
amendment shall be recorded, at City's expense, in the Official Records of Pinal
County, Arizona.
(m) Recordation and Effective Date. No later than ten (10) calendar
days after this Agreement has been executed by City and Developer, it shall be
recorded in its entirety, by City at City's expense in the Official Records of Pinal
County, Arizona. This Agreement shall become effective and shall be binding
upon and enforceable by all parties hereto, their successors and assignees,
immediately upon recordation in the office of the Pinal County Recorder.
(n) Unexcused Delays (Force Majeure). Neither City nor Developer
shall be in default under this Agreement in the event of enforced delay due to
causes: (a) beyond its control and without fault or negligence, including but not
limited to acts of God, acts of the Federal or State government, acts of the other
party, acts of third parties, of terrorists or insurgents or other public enemies,
litigation concerning the validity or enforceability of this Agreement or relating
to transactions contemplated, including the effect of petitions for referendum,
or initiative, fires, floods, epidemics, quarantine, restrictions, strikes,
embargoes, unusually severe weather or the delays of subcontractors or
materialmen due to such causes; (b) bankruptcy, insolvency or similar action, or
any foreclosure or other exercise of remedies of any lender; and (c) without
limiting the foregoing, any action or inaction of City, its officers, agents,
departments, committees, Council, Boardmembers, Commissioners, which
delays, directly or indirectly, Developer's ability to comply with any construction
schedule. In the event of the occurrences of any such enforced delay, the time
or times for performance of the obligations of the party claiming delay shall be
extended for a period of the enforced delay; provided that the party seeking the
benefit of the provisions of this section shall within ten (10) calendar days after
such party knows of such enforced delay, first notify the other party of the
specific delay in writing and claim the right to an extension for the period of the
enforced delay; provided however that either party's failure to notify the other of
an event constituting an enforced delay shall not alter, detract from or negate its
character as an enforced delay was not known or reasonably discovered by
such party.
7
(o) Governing Law and Venue. The terms and conditions of this
Agreement shall be governed by and interpreted in accordance with the laws of
the State of Arizona. Any action at law or in equity brought by either party for
the purpose of enforcing a right or rights provided for in this Agreement, shall
be tried in a court of competent jurisdiction in Pinal County, State of Arizona.
The parties hereby waive all provisions of law providing for a change of venue in
such proceeding to any other county or jury trial.
(p) Severability. Every provision of this agreement is, and will be
construed to be, a separate and independent covenant. If any provision of this
agreement or the application of the same is, to any extent, found to be invalid or
unenforceable, then the remainder of this agreement or the application of that
provision to circumstances other than those to which it is invalid or
unenforceable, will not be affected by that invalidity or unenforceability, and
each provision of this agreement will be valid and will be enforced to the extent
permitted by the law, and the parties will negotiate in good faith for such
amendments of this agreement which may be necessary to achieve its intent,
notwithstanding such invalidity or unenforceability.
(q) Conflict of Interest. Pursuant to A.R.S. § 38-511, incorporated
herein by reference, the parties understand and agree that this Agreement is
subject to cancellation by City or its departments or agencies if any person
significantly involved in initiating, negotiating, securing, drafting or creating the
contract on behalf of City, or its departments or agency, is at any time, while the
Agreement or any extension or modification thereof, is in effect, an employee or
agent of any other party to the Agreement with respect to the subject matter of
the Agreement.
(r) Proposition 207 Waiver. Developer agrees, understands and
acknowledges that City is entering into this Agreement in good faith and at the
specific request of Developer, and further with the understanding that, if City
acts consistently with the terms and conditions herein, it will not be subject to a
claim for diminished value of the Properties from Developer. Developer, on
behalf of it and its successors and assigns, intends to encumber the Properties
with the following agreements and waivers. Developer agrees and consents to
all the conditions imposed by this Agreement, the Zoning, the General Plan,
Applicable Laws, and all permits and approvals issued or granted by City in
furtherance thereof, and by signing this Agreement waives any and all claims,
suits, damages, compensation and causes of action Developer may have now or
in the future under the provisions of A.R.S. §§ 12-1134 through and including 12-
1136 (but specifically excluding any provisions included therein relating to
eminent domain) and resulting from the development of the Properties
consistent with this Agreement, the Zoning, the General Plan, Applicable Laws,
and all permits and approvals issued or granted by City in furtherance thereof or
from any "land use law" (as such term is defined in the aforementioned statute
sections) permitted by this Agreement to be enacted, adopted or applied by City
now or hereafter. Developer acknowledges and agrees to the terms and
8
conditions set forth in this Agreement, the Zoning, the General Plan, Applicable
Laws, and all permits and approvals issued or granted by City in furtherance
thereof cause the fair market value of the Properties to equal or exceed the fair
market value of the Properties in the absence of this Agreement, the Zoning the
General Plan, Applicable Laws, and all permits and approvals issued or granted
by City in furtherance thereof, and such "land use laws."
IN WITNESS WHEREOF, we have hereunto set our hands and seals on the
date and year first above written.
DEVELOPER:
By: Mehmood iu in
Its: Property O er
CITY OF APACHE JUNCTION, an
Arizona municipal corporation:
• John S. Insafaco
Its: Mayor
ATTEST:
Kathleen Connelly, City CI
APPROVED AS TO FORM:
06 *09
Richard J. Stern, City Attorney
9
STATE OF ARIZONA )
) ss.
County of i i n G t )
The foregoing was acknowledged before me this day of
b(IA cr r , 2009, by Mehmood Mohiuddin as owner of and on behalf of
Dash In Gas ini Mart.
Notary P
My Commission Expires:
(seal) STrTE. 0=ARIZONA
4.7*'�.`� Pr-al County
KIMBERLY A HEISER
,,.. C'cr _ F , •e c (;.:Si 31 2011
STATE OF ARIZONA )
) ss.
COUNTY OF Pi>,Ja� )
The foregoing was acknowledged before me this /01-1 day of
p4414
, 2009, by John S. Insalaco, the mayor of City of Apache
Junction, Arizona, an Arizona municipal corporation, who acknowledged that he
signed the foregoing instrument on behalf of City.
Notary Public
My Commission Expires:
(seal)
VOTARY PUBLIC
" " STATE OF ARIZONA
Maricopa County
JANET R MASON
My Commission Expires 08/31/12
10
EXHIBIT A
LEGAL DESCRIPTION OF PROPERTY
(SUPERSTITIONMOUNTAINESTATES) E. LOST DUTCHMAN BLVD
50' GCD 1221/27jOP\ • '46' 40
r__
• .t[ I65.16' 16S.Sd'j I651D' 1b5.21' 165.16' 165.16' I65.11'
4o W
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4E
I i ' 2 e 9D 404 SD 60 ' �° �9° \40 ® e
1 165,16' 16516' 164.80' 165.51' 7 }8 t
9560 Ef6.6DALGO ST ?65.16 16490CC ' O 39 '
I Sb' 164J4' q 660.71'
I
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1915.99' 165.16' 11 16516' 1 164.39' 6aM9' 33' CITY OF AJ OCL 1251/620 .
E. WINDSONG ST
PARCEL A (PCAP NO. 100-25-04205):
That portion of the North half of the Northeast quarter of the Northeast quarter
of the Northwest quarter of Section 15, Township 1 North, Range 8 East of the
Gila and Salt River Base and Meridian, Pinal County,Arizona, herein described:
BEGINNING at the North quarter corner of Section 15;
Thence South 89 degrees 53 minutes 50 seconds West along the North line of
the Northeast quarter of the Northwest quarter, Section 15, a distance of 286.40
feet to the Southeast right of way line of Apache Trail;
Thence South 49 degrees 19 minutes 35 seconds West along the Southeast right
of way line of Apache Trail, a distance of 50.74 feet to the South right of way line
of Lost Dutchman Boulevard and the TRUE POINT OF BEGINNING;
Thence continuing South 49 degrees 19 minutes 35 seconds West a distance of
117.21 feet;
Thence South 50 degrees 25 minutes 8 seconds East a distance of 153.51 feet;
Thence North 38 degrees 44 minutes 35 seconds East a distance of 225.37 feet;
Thence South 89 degrees 53 minutes 50 seconds West, a distance of 172.00 feet
to the TRUE POINT OF BEGINNING;
PARCEL B (PCAP NO. 100-25-04304):
That portion of the North half of the Northeast quarter of the Northeast quarter
of the Northwest quarter of Section 15,Township 1 North, Range 8 East of the
Gila and Salt River Base and Meridian, Pinal County, Arizona, herein described:
BEGINNING at the North quarter corner of Section 15;
Thence South 89 degrees 53 minutes 50 seconds West along the North line of
the Northeast quarter of the Northwest quarter, Section 15, a distance of 286.40
feet to the Southeast right of way line of Apache Trail;
Thence South 49 degrees 19 minutes 35 seconds West along the Southeast right
of way line of Apache Trail, a distance of 167.95 feet to the TRUE POINT OF
BEGINNING;
Thence continuing South 49 degrees 19 minutes 35 seconds West a distance of
78.06 feet;
Thence South 49 degrees 40 minutes 25 seconds East a distance of 170.00 feet;
Thence North 38 degrees 44 minutes 35 seconds East a distance of 82.12 feet;
Thence North 50 degrees 25 minutes 8 seconds West, a distance of 155.51 feet
to the TRUE POINT OF BEGINNING;
EXHIBIT B
SITE PLAN
Original can be viewed at:
City of Apache Junction
Development Services Office
300 E. Superstition Blvd.
Apache Junction, AZ 85219
7
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EXHIBIT C
BUILDING PLANS
Original can be viewed at.
City of Apache Junction
Development Services Office
300 E. Superstition Blvd.
Apache Junction, AZ 85219
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OFFICIAL RECORDS OF
When recorded return to: 4
1;11'�, PINAL COUNTY RECORDER LAURA DEAN-LY7LE
Richard Joel Stern, ESQ. DATE/TIME: 05/12/09 1611
Apache Junction City Attorney FEE: $11.00
U300 East Superstition Blvd. PAGES: 4
Apache Junction, AZ 85219 FEE NUMBER: 2009-047880
FIRST AMENDMENT TO ECONOMIC DEVELOPMENT AGREEMENT BETWEEN
CITY OF APACHE JUNCTION AND MEHMOOD MOHIUDDIN
This Amended Agreement is entered into as of ef , 2009, by and
between CITY OF APACHE JUNCTION, an Arizona rt{unicipal corporation
(hereinafter the "City") and MEHMOOD MOHIUDDIN, as owner of Dash In Gas &
Mini Mart (hereinafter the "Developer") (both collectively referred to herein as
the "Parties").
RECITALS
WHEREAS, the City and Developer entered into an Economic
Development Agreement on February 18, 2009; and
WHEREAS, since such time, Developer has experienced difficult and
challenging financing obstacles that prohibit completion of the landscaping
features and the driveway delineations pursuant to Section 3(B) of the
Agreement; and
WHEREAS, on April 7, 2009, Developer visited staff and also spoke at the
Call to the Public portion of the Regular Council Meeting requesting: 1) a
suspension of the landscaping requirements; and 2) issuance of a Temporary
Certificate of Occupancy not being contingent on completing the landscaping so
that the business can start making money to pay for the landscaping features;
and
WHEREAS, on April 21, 2009, the Mayor and City Council granted
Developer's request to allow Developer a Temporary Certificate of Occupancy
without first completing the landscaping, permanent parking delineations and
barricade placements, and moved to suspend this requirement until 45 days
after the issuance of the Temporary Certificate of Occupancy; and
WHEREAS, the Mayor and City Council desires to enhance Developer's
success in his new restaurant business and is willing to accommodate his
request by modifying Section 3(B) of the Agreement under the terms and
conditions of this Amendment.
AMENDMENT
NOW, WHEREFORE, the parties agree to the amendments set forth below:
A) Section 3(B) of the Agreement executed on February 18, 2009 shall
be replaced with the following provision:
3. Developer's Obligations: Developer agrees to each of the following
obligations:
B) Compliance with Site Plan/Issuance of Temporary and Final
Certificate of Occupancy. Developer shall build the Project and
improve the Property in accordance with the Site Plan set forth in
Exhibit B and Building Plans set forth in Exhibit C, to include all
depicted landscaping, parking stalls (shown with a 10% administrative
reduction), building improvements and delineated driveway entrances.
All improvements to the Property depicted in Exhibit C shall be
completed before a Temporary Certificate of Occupancy Is granted for
the Project. All items in Exhibit B shall be completed except for the
landscaping and permanent parking delineations and barricades,
which shall be completed within forty-five (45) calendar days from the
date a Temporary Certificate of Occupancy is issued. Within ten (10)
calendar days after the date the Temporary Certificate of Occupancy
is issued, Developer shall have completed temporary striping for
parking stalls.
The Building Official will issue a Temporary Certificate of Occupancy
only if Developer has requested a final inspection and has
demonstrated to the Building Official's satisfaction that all code
requirements are complete. The Building Official will only issue a
Temporary Certificate of Occupancy if: 1) the restaurant contains all of
the required fire protection systems and means of ingress and egress;
2) all Americans with Disabilities Act ("ADA") structures or facilities
are complete; 3) all electrical, mechanical, and plumbing systems are
complete; and 4) Developer provides proof from both Pinal County
Health Department and Apache Junction Fire Department of their
approval for a Temporary Certificate of Occupancy.
The Temporary Certificate of Occupancy shall include reference to
compliance with Section 309.4 of the Uniform Administrative Code as
amended by the City, which the Property Owner/Developer shall
comply with.
If Developer does not complete the permanent parking delineations
and barricades placements and landscaping requirements by 5:00
p.m. on the 45th day after the Temporary Certificate of Occupancy is
2
issued, the electrical power to the restaurant will be de-energized at
the request of the Building Official, the employees will be ordered to
vacate the premises, and Developer shall secure the building from
customers.
Upon completion of all of the noted requirements, Developer shall
contact the Building Official to schedule a final inspection for a
Certificate of Occupancy.While the depicted landscaping illustrated in Exhibit B generally
complies with or exceeds the zoning standard for required number of
plants, the plan does not comply with the zoning standards regarding
landscape buffer setback or installation of a perimeter masonry wall.
Accordingly, the development agreement serves to waive these non-
complying landscape elements.
B) All other terms and provisions of the Agreement executed by the
parties on February 18, 2009 shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have caused this Amendment
to be duly executed as of the day and year first written above.
DEVELOPER:
By: Mehmood . 'iu • %in
Its: Property O - r
CITY OF APACHE JUNCTION, an
Arizona municipal corporation:
B ohn S. Insalaco
I . Mayor
ATTEST:
Kathleen Connelly, City Clerk
3
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OWNER: MOHIUDDIN MEHMOOp I HITCHING POST RESTAURANT
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SITE LOCATION: 2341 N APACHE TRAIL o umm aye s[
APACHE JUNCnON, AZ B'S11fl DATX � � BY osc M" a
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N 2341 N. Apache Trail � r
Apache ,!unction, AZ 85119 � tnC7
APPROVED AS TO FORM:
45:I
'DC)
Richard J. Stern, City Attorney
STATE OF ARIZONA )
) ss.
County of )
The foregoing was acknowledged before me this 8111 day of
, 2009, by Mehmood Mohiuddin as owner of and on behalf of
Dash I Gas & Mini Mart.
NOTARY PUEILIC
STATE OF ARIZONA
, Final County No ry Publi
• • mmi�s � �C :
1v ommissel Exo,-es November 15 2011
(seal)
STATE OF ARIZONA )
ss.
COUNTY OF f)i YNq �� )
The foregoing was acknowledged before me this 7+1-, day of
yThl\OL,k, , 2009, by John S. Insalaco, the mayor of City of Apache
Junction,(Arizona, an Arizona municipal corporation, who acknowledged that he
signed the foregoing instrument on behalf of City.
Notary Pu is
My Commission Expires:
31�Zo I)
(seal)
.�- -- �`,�!PUBLIC
cmArE OF ARIZONA 4
�• ', " �;na1 County
101'4 SUZANNE NENINGER
My Commisior Exip-r,b January 31,2011