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Home My WebLink AboutORD996ORDINANCE NO.996 AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,ALLOWING A PLANNED DEVELOPMENT MAJOR AMENDMENT FOR THE DEVELOPMENT COMMONLY KNOWN AS MERRILL GARDENS BEING CONSTRUCTED BY CAREAGE HEALTHCARE, INC;LOCATED 660 FEET NORTH OF SOUTHERN AVENUE AND WEST OF IRONWOOD DRIVE,BY REPLACING ORDINANCE NO.935 AND 959,AND ADOPTING IN LIEU THEREOF ORDINANCE NO.996:REPEALING ANY CONFLICTING PROVISIONS;AND PROVIDING FOR SEVERABILITY. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,THAT: SECTION I IN GENERAL The zoning district classification on the Zoning District Map.City of Apache Junction.Arizona,for the parcel of land described as: The North half of the Southeast quarter of the Southeast quarter of Section 30,Township 1 North,Range 8 East,Gila and Salt River Base and Meridian,Apache Junction,Pinal County,Arizona; be and hereby is amended from CR-3,Single Family Residential,to CR-5/PD. Multiple Family Residential by Planned Development;subject to the following stipulations: 1.The subject property shall be developed in substantial conformance with the approved site plan submitted in association with Case No. PZ-97-06.A reduced copy of the approved site plan is included in this document as Exhibit "A". 2.The subject property is to be reconfigured into three (3)parcels to facilitate the phased development of the Merrill Gardens project.The parcels will be configured in accordance with the legal descriptions provided in Exhibit "B"included in this document. ORDINANCE NO.996 PAGE ONE OF FOUR 3.Development of the subject property will comply with the Uniform Building Code and all other applicable standards as adopted by the City of Apache Junction. 4.A recorded access easement will be provided for Parcel III (Phase III),so that the parcel is not land locked.The access easement will be integrated into the legal descriptions of Parcels I I and 5.Proof of recordation of the new deeds for Parcels I,II,and III must be submitted to the Development Services Department as part of the construction permit application. 6.At such time that construction is initiated for Phase I,a hard surfaced road will be constructed to the entrance on the north side of the property from 20th Avenue.This road is to be a minimum of 25 feet in width as indicated on the site plan.The ingress/egress onto 20th Avenue will be constructed as a portion of Phase I as well.This point of access is to serve as an emergency access point only and will not be used for construction traffic or any other traffic flow into or out of the property. Any proposed gate or barrier across the emergency access point must be approved by the Apache Junction Fire District. 7.The north property line should include the area previously abandoned by the City as right-of-way dedicated to the City. 8.The north property line where 20th Avenue curves to the north to Stardust Lane requires additional right-of-way dedication to the City. 9.The maximum height allowed for the two,three -level structures proposed will be thirty-one (31)feet.All other structures will be constructed in accordance with the CR-5 maximum height limitation of twenty-five (25)feet. ORDINANCE NO.996 PAGE TWO OF FOUR 10.Parking for the Merrill Gardens project will be as follows: Casitas One (1)space per unit Independent Living Residence (ILR)Two (2)spaces for every three (3)units Assisted Living One (1)space for every three (3)units At no time shall there be more than two -hundred -fifty-one (251) vehicles on the site that are owned by residents of he development.These two -hundred -fifty-one (251)vehicles do not include staff of,or visitors to the development. 11.A decorative barrier will be constructed along the north,east and southern property boundary up to the point of the Apache Junction Health Center property. 12.Approval of rezoning constitutes authorization for the development of the property under granted zoning.Rezoning approval is valid for a period of twenty-four (24)months from the date of the City Council decision.The date that the City Council approved Ordinance No.935,the ordinance amending the Zoning District Map, was November 7,1995.If approval expires prior to substantial development upon the rezoned property,the zoning shall revert to its former zoning classification without legislative action. The zoning approval will expire on November 7,1997,unless substantial development on the property has taken place. SECTION I I REPEALING ANY CONFLICTING PROVISIONS All ordinances and parts of ordinances in conflict with the provisions of this ordinance or any part of the code adopted herein by reference are hereby repealed. ORDINANCE NO.996 PAGE THREE OF FOUR SECTION III PROVIDING FOR SEVERABILITY If any section,subsection,sentence,phrase,clause or portion of this ordinance or any part of the Code adopted herein by reference is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction,such decision shall not affect the validity of the remaining portions thereof. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,THIS 20TH DAY OF MAY ,1997. SIGNED AND ATTESTED TO THIS 2011-1 DAY OF MAY ,199 7. DOUGLAS/COLEMAN Mayor ATTEST: KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM: WILLIAM FARRELL Interim City Attorney ORDINANCE NO.996 PAGE FOUR OF FOUR biI') CDco covr a EXHIBIT "B" E X H I B I T NOTE: THE DIMENSIONS SHOWN HEREON ARE APPROXIMATE AND DO NOT REFLECT THE RESULTS OF AN ACTUAL FIELD SURVEY OF THE PROPERTY. N8942'35"E 330.20' -CV CD Co LJ 0 4/*/ =29'45'07" R =425.00' T =112.89' L =220.69' _260TH AVENUE N89'42'35 EV45AA'••• ..3J O. =1637'06" R =425.00' T =62.07' L =123.27' cio "p r n i •-'146 3 ‘.9 1 PHASE III A . CD 0 CD• 0 ; V) s.30, PHASE III P.O.B. 385.04' PHASE II S89'42144"W PHASE II P.O.B. 401.93 ° =42'50'00" R =225.00' T =88.25' L =168.21' Li,S Pa"'PHASE I P iszgaWI N89', 43.35' =13'08'01" R =425.00' T =48.93' L =97.42' 4235-E. 196.28°I I IAJ I rN89'42'35E I -colio: t cilte) I I I0 ---. . '01'1 PHASE I a ao N89'42'44"El 17. 009 Pig a:k. tx g,c,) bi9, 0 P.O.B. 500.84' \.1 1287.81' PHASE I S8942'44W 33.00'; 37 P.O.C.I tugi SE COR.SEC.30 T.1 N.,R.8 E.. G.& S.R.B.& M.. PINAL COUNTY,AZ Pr) 3- K:\54128\SURVEYVHASE EXHIBIT FOR PHASING JOB NO.51128 DRAWN DATE 4/11/97 SWEET MO.f OF I CHECKED PIN SCALE 1%200' POST,7227 North %es St.BUCKLEY,p i r ‘ l SCHUH &T An=91:31-°2°1003 JERNIGAN ft='003 EXHIBIT "B" LEGAL DESCRIPTION FOR REZONING PURPOSES BEING A PORTION OF THE SOUTHEAST QUARTER OF SECTION 30,1. 1 N., R. 8 E., G. & S. R. B. & M., CITY OF APACHE JUNCTION, PINAL COUNTY, ARIZONA AND DESCRIBED AS FOLLOWS: PHASE Tq COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 30, THENCE N. 00013'46" W., ALONG THE EAST LINE OF SAID SECTION 30, A DISTANCE OF 660.34 FEET; THENCE DEPARTING SAID EAST LINE, S. 89°42'44" W., 935.77 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING S. 8904244" W.385.04 FEET; THENCE N. 0001346" W., 349.69 FEET; THENCE N. 77057146" E., 311.97 FEET; THENCE S. 11°08'40" E., 420.74 FEET TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED PARCEL CONTAINS 132,943 SQUARE I.-Ohl'OR 3.0520 ACRES MORE OR LESS. NOTE: THE DIMENSIONS SHOWN HEREON ARE APPROXIMATE AND DO NOT REFLECT THE RESULTS OF AN ACTUAL FIELD SURVEY OF THE PROPERTY. EXHIBIT "B" LEGAL DESCRIPTION FOR REZONING PURPOSES BEING A PORTION OF THE SOUTHEAST QUARTER OF SECTION 30, T. 1 N., R. 8 E•t G. & S. R. B. & M., CITY OF APACHE JUNCTION, PINAL COUNTY, ARIZONA AND DESCRIBED AS FOLLOWS: PHASE U COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 30, THENCE N. 0001346" W., ALONG THE EAST LINE OF SAID SECTION 30, A DISTANCE OF 660.34 FEET; THENCE DEPARTING SAID EAST LINE, S. 89°42'44" W., 533.84 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING S. 89°42'44" W., 401.93 FEET; THENCE N. 11°0840° W., 420.74 FEET; THENCE S. 77°57'46" W., 311.97 FEET; THENCE N. 00°13146" W., 310.62 FEET; THENCE N. 8904215° E., 330.20 FEET; THENCE S. 00°13'46" E., 30.00 FEET; THENCE N. 89042135" E., 338.20 FEET TO THE BEGINNING OF A NON -TANGENT CURVE CONCAVED NORTHWESTERLY AND HAVING A RADIUS OF 425.00 FEET; A RADIAL LINE FROM THE RADIUS POINT BEARS S. 01°22'25" E.; THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 16°37'06" AN ARC LENGTH OF 123.27 FEET TO A POINT OF NON -TANGENCY; THENCE S. 00°00'00" E., 650.39 FEET TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED PARCEL CONTAINS 374,646 SQUARE FEET OR 8.6007 ACRES MORE OR LESS. NOTE: THE DIMENSIONS SHOWN HEREON ARE APPROXIMATE AND DO NOT REFLECT THE RESULTS OF AN ACTUAL FIELD SURVEY OF THE PROPERTY. e kA54128\survey‘phase-11.1g1 EXHIBIT "B" LEGAL DESCRIPTION FOR REZONING PURPOSES BEING A PORTION OF THE SOUTHEAST QUARTER OF SECTION 30, T. 1 N., It 8 E., G. & S. R. B. & M., CITY OF APACHE JUNCTION, PINAL COUNTY, ARIZONA AND DESCRIBED AS FOLLOWS: PHASE COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 30, THENCE N. 0093146 0 W., ALONG THE EAST LINE OF SAID SECTION 30, A DISTANCE OF 660.34 FEET; THENCE DEPARTING SAID EAST LINE, S. 89°42'44" W., 33.00 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING S. 89°42'44" W., 500.84 FEET; THENCE N. 00°00'00" E., 650.39 FEET TO THE BEGINNING OF A NON -TANGENT CURVE CONCAVED NORTHWESTERLY AND HAVING A RADIUS OF 425.00 FEET; A RADIAL LINE FROM THE RADIUS POINT BEARS S. 17°59'31" E.; THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 13°08'01" AN ARC LENGTH OF 97.42 FEET TO A POINT OF NON -TANGENCY; THENCE N. 89°42'35" E., 43.35 FEET TO THE BEGINNING OF A NON -TANGENT CURVE CONCAVED NORTHEASTERLY AND HAVING A RADIUS OF 225.00 FEET; A RADIAL LINE FROM THE RADIUS POINT BEARS S. 42°32'35" W.; THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 42050900" AN ARC LENGTH OF 168.21 FEET TO A POINT OF TANGENCY; THENCE N. 89°42'35" E., 196.28 FEET; THENCE S. 00°13'46" E., 280.36 FEET; THENCE N. 89042944" E., 17.00 FEET; THENCE S. 00°13'46" E., 350.00 FEET TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED PARCEL CONTAINS 318,987 SQUARE FEET OR 7.3229 ACRES MORE OR LESS. NOTE: THE DIMENSIONS SHOWN HEREON ARE APPROXIMATE AND DO NOT REFLECT THE RESULTS OF AN Ac.TUAL FIELD SURVEY OF THE PROPERTY. k:\54128\survey\parce1-1.1g1 -rn.a-1 - 1 1I -r _r EXHIBIT "A" 11000' SITE DATAL-_--_------ .001/816 AXXXO JACX0.1 ef•1104.9.111111.• SODOISESIIMPOIX1 MOM OM 0.6 Mt IVY WILT XIXDIPCUL 0440-041, 1XXXIXr•/LLOYD OR000 alleNer.4.1.10.1101 XXI DMA WO ORM MAW SF IV ISXMI SI-1:110.1:01PRIX "MS V !WYnic.,xxxrUSX NOM FOX.11: CAMIXO •0 10/~111 WOO IP (SOW 'ADAM.. OMASA ..."Xu.0•Mbi XXXSAXII OX)40 dat PIPXPX016 AMA U.60 4 ‘ .1.rOXIN 019XXXIX Alt•.511•••• MOW 1411.10111ILMILAINIA COMIWZ COWIN, Of XIXXXXIIIII MOS/ :•••• ç t 14-111114:141111-11=144Ti-P1141 , 6100W SITE PLAN jil l 1 NOME x r • see 0111/.IIMIXIXOXION11•11K ONIPCP mentxravra•-• 111011M 0111111111111111011016•1111111% 2b 6 T - 9 S S ( 9 0 2