HomeMy WebLinkAboutORD1044ORDINANCE NO 1044
AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE
JUNCTION,ARIZONA,AMENDING THE APACHE JUNCTION,ARIZONA,ZONING
ORDINANCE,BY AMENDING THE ZONING DISTRICT MAP,CITY OF APACHE JUNCTION,
ARIZONA,CHANGING THE ZONING DISTRICT CLASSIFICATION IN REZONING CASE
PZ-98-09 FROM CB -2 (GENERAL COMMERCIAL)TO C-3/PD (GENERAL COMMERCIAL BY
PLANNED DEVELOPMENT);REPEALING ANY CONFLICTING PROVISIONS;AND
PROVIDING FOR SEVERABILITY.
BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,
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:
A parcel of land lying and being situated in the Northwest quarter of
the Southeast quarter of Section 20,Township 1 North,Range 8 East,
Gila and Salt River Base and Meridian:Pinal County;State of Arizona,
being more particularly described as follows:
Beginning at the mid -point of Section 20,
Thence bearing South 0 degrees 06 minutes East along the North -South
mid -section line of said Section 20 a distance of 49.7 feet to a point
on the South right-of-way line of Apache Trail,
Thence South 85 degrees 54 minutes East along said South right-of-way
line of Apache Trail a distance of 660.3 feet,
Thence South 4 degrees 06 minutes West a distance of 200.0 feet to the
true point of beginning,
Thence continuing South 4 degrees 06 minutes West a distance of 487.65
feet,
Thence South 89 degrees 58 minutes 16 seconds East a distance of 682.2
feet,
Thence North 0 degrees 05 minutes West a distance of 383.93 feet,
Thence Northwesterly along a curve having a radius of 2,564.79 feet and
ORDINANCE NO 1044
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being located 200.0 feet South of and running parallel to the South
right-of-way line of Apache Trail and bearing to the left along said
curve a distance of 537.42 feet to a point of tangency,
Thence North 85 degrees 54 minutes West and parallel to the South right-
of-way line of Apache Trail a distance of 118.75 feet to the true point
of beginning.
TOGETHER with an easement of vehicular and pedestrian traffic over a
parcel of land lying and being situated in the Southeast quarter of
Section 20,Township 1 North,Range 8 East,Gila and Salt River Base and
Meridian;Pinal County;State of Arizona,being more particularly
described as follows:
Beginning at the mid -point of Section 20:4
Thence Southerly along the North -South mid -section line a distance of
49.7 to a point,said point being the intersection of the North -South
mid -section line of said Section 20 and the South right-of-way line of
Apache Trail;
Thence South 85 degrees 54 minutes 00 seconds East along the said South
right-of-way line a distance of 660.08 (record 660 feet)feet to a
point,said point being the true point of beginning,
Thence South 4 degrees 06 minutes 00 seconds West a distance of 487.14
feet;
Thence North 89 degrees 58 minutes 15 seconds West a distance of 25.06
feet:
Thence North 4 degrees 06 minutes 00 seconds East a distance of 488.92
feet to a point on the aforementioned South right-of-way line of Apache
Trail :
Thence South 85 degrees 54 minutes 00 seconds East a distance of 25 feet
to the True Point of Beginning.
EXCEPT a parcel of land located within the Northwest quarter of the
Southeast quarter of Section 20,Township 1 North,Range 8 East,Gila
and Salt River Base and Meridian;Pinal County:State of Arizona,being
more particularly described as follows:
Commencing at the center of Section 20:
ORDINANCE NO 1044
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Thence South 0 degrees 06 minutes East along the North -South mid -section
line of said Section 20,62.03 feet to the point of intersection with
the South right-of-way line of Apache Trail;
Thence South 85 degrees 54 minutes East along said right-of-way line a
distance of 660.30 feet:
Thence South 4 degrees 06 minutes West a distance of 687.65 feet to the
Southwest corner of that certain parcel described in Docket 964,page
232.Pinal County records;
Thence South 89 degrees 59 minutes 06 seconds East 681.38 feet (measured
bearing and distance)along the South line of said parcel to the
Southeast corner of said parcel:
Thence North 0 degrees 00 minutes 50 seconds West (measured bearing)
along the East line of said parcel 212.27 feet to the True Point of
Beginning;
Thence continuing North 0 degrees 00 minutes 50 seconds West 135.00
feet:
Thence South 89 degrees 59 minutes 10 seconds West 130.00 feet;
Thence South 0 degrees 00 minutes 50 seconds East 135.00 feet;
Thence North 89 degrees 59 minutes 10 seconds East 130.00 feet to the
true Point of Beginning.
And.
EXCEPT a parcel of land located within the Northwest quarter of the
Southeast quarter of Section 20,Township 1 North,Range 8 East,Gila
and Salt River Base and Meridian;Pinal County;State of Arizona,being
more particularly described as follows:
Commencing at the center of Section 20:
Thence South 0 degrees 06 minutes East along the North -South mid -section
line of said Section 20,62.03 feet to the point of intersection with
the South right-of-way line of Apache Trail;
Thence South 85 degrees 54 minutes East along said right-of-way line a
distance of 660.30 feet:
Thence South 4 degrees 06 minutes West a distance of 687.65 feet to the
Southwest corner of that certain parcel described in Docket 964,page
230,Pinal County records;
Thence South 89 degrees 59 minutes 06 seconds East along the South line
of said parcel 153.50 feet;
ORDINANCE NO.1044
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Thence North 0 degrees 00 minutes 54 seconds East 50.00 feet to the True
Point of Beginning;
Thence continuing North 0 degrees 00 minutes 54 seconds East 120.00
feet:
Thence North 89 degrees 59 minutes 06 seconds West 131.33 feet:
Thence South 0 degrees 00 minutes 54 seconds West 120.00 feet:
Thence South 89 degrees 59 minutes 06 seconds East 131.33 feet to the
true Point of Beginning.
And,a nonexclusive easement,in common with other occupants and tenants
of space in the building,over,on and across the Common Area,for
roadways,walkways,ingress and egress,the parking of motor vehicles
and use of facilities installed for the comfort and convenience of
customers,invitees,and employees.
Be and hereby is amended from CB -2 (General Commercial)to C-3/PD (General
Commercial by Planned Development),subject to the following stipulations:
1)Substantial construction of the Trailhead Visitor Center must be
completed within a 24 -month period from the date of City Council
approval of the rezoning request to a C-3/PD district.If not,the
zoning on the property may be subject to reversion to the original
zoning classification by City Council action,pursuant to the provisions
of Arizona Revised Statutes Annotated (A.R.S).§ 9-462.01.
2)The final Planned Development plan for the Trailhead Visitor Center
(including improvement and construction plans)shall be submitted within
one year of the rezoning approval.
3)The City Council must approve all major changes,modifications.and
amendments to the final development plan (including the design of all
proposed future uses on the subject site and changes of uses).
4)The East 20 feet of the subject property must be dedicated to the
City,thus creating a 50 -foot half -street width to the centerline of
Phelps Drive.Said future rights -of -way must also be improved to the
City Engineer's standards (to include paving,sidewalks,curbs,gutters,
streetlights,fire hydrants,etc.).
ORDINANCE NO.1044
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5)The creation of a future fourth parcel on the subject site (the
subject property and Trailhead Visitor Center being two parcels)shall
require a subdivision process.
6)Landscaping for the Trailhead Visitor Center building pad and future
building pads must be approved by the Development Services Director or
designee.
7)The subject site (parking lot),excluding the Trailhead Visitor
Center building pad and any future pads,must meet all parking lot
landscaping and other applicable standards in the Landscape and
Screening Regulations (Ordinance 940).
8)The existing Recreational Vehicle (RV)storage area must be removed
before construction of a second commercial structure (the Trailhead
Visitor Center being the first)on the subject property or within a 24-
month period,from the date of the City Council decision on the request
to a C-3/PD district (whichever comes first).The owner/developer may
request an extension,not to exceed one (1)year,by formal written
request and action by the Planing and Zoning Commission and City Council
before the expiration date for the RV storage area.
SECTION II 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.
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 the decision of 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 7TH DAY OF JULY,1998.
ORDINANCE NO.1044
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SIGNED AND ATTESTED TO THIS 7TH DAY OF JUIY ,1998.
DOUGLAS OLEMAN
Mayor
ATTEST:
KATHLEEN CONNELLY
City Clerk
APPROVED AS TO FORM:
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RICHARD JOEL STERN
City Attorney
ORDINANCE NO.1044
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