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HomeMy WebLinkAboutRES 07-48RESOLUTION NO. 07-48 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, TO APPROVE A PRELIMINARY SUBDIVISION PLAT FOR THE "APACHE TOWNE PLAZA" COMMERCIAL SUBDIVISION, IN CASE SD -4-07, BY EMILY E. STEPHENSON AND HOLLY K. WILLIS, SUCCESSOR TRUSTEES OF THE BETTY J. RENNICK AND RUSSELL D. RENNICK TRUSTS, RESPECTIVELY, REPRESENTED BY FAZAL KHAN. WHEREAS, the subdivider in Case SD -4-07 proposes to subdivide Pinal County Assessor Parcel Numbers 101-13-021, 101- 13-023A, 101-13-023B and 101-13-023C, approximately 6.19 gross acres, into 31 commercial condominium spaces, pursuant to Arizona Revised Statutes ("A.R.S.") Title 9, Chapter 4, Article 6.2, and pursuant to the Apache Junction City Code,Volume II, Land Development Code,Chapter 1,Zoning Ordinance,Section 16.0500,General Commercial District (C-3), Article 19 Planned Development Zoning District,Ordinance No. 1312 which approved the Planned Development rezoning and concept plan and Chapter 2, Subdivision Regulations;and, WHEREAS, the property is legally described as follows: Tract "A", Apache Homes, according to the plat of record in the Office of the County Recorder of Pinal County, Arizona, recorded in Book 8 of Maps, Page 5; EXCEPT the East 130.00 feet of the South 300.00 feet thereof (also know as Pinal County Assessor parcel numbers 101-13-021, 101-13-023A, 101-13-023B and 101-13-023C); and WHEREAS, on December 4, 2007, the Mayor and City Council of the City of Apache Junction approved Ordinance No. 1312 for rezoning Case PZ-15-07, to change the zoning district classification for the property from General Business Zone (CB- 2) to General Commercial District by Planned Development (C- 3/PD) by a vote of 7 to 0; and WHEREAS, on October 23, 2007, the Planning and Zoning Commission held a public hearing regarding the preliminary plat for Case SD -4-07 and recommended approval by a vote of 6-0; and RESOLUTION NO. 07-48 PAGE 1 OF 3 WHEREAS, this City Council finds this preliminary subdivision plat to be in compliance with the Apache Junction City Code,Volume II,Land Development Code, Chapter 1,Zoning Ordinance,Chapter 2,Subdivision Regulations,and Ordinance No. 1312, which approved the planned development concept plan for the property. NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council of the City of Apache Junction, Arizona, that: The preliminary subdivision plat for "Apache Towne Plaza" Commercial Subdivision, Case SD -4-07, is approved subject to the following conditions: 1)All C-3/PD zoning requirements and other conditions as prescribed by Ordinance No. 1312 shall be observed during the construction of the subdivision and the building pads therein. 2) The final elevations of the various buildings shall comply with the architectural styles, colors and motifs as described in the City's Design Guidelines and as conceptualized in Planned Development Rezoning Case No. PZ-15-07. 3) All applicable development fees shall be paid at the time permits are issued. 4) The developers shall complete the street and other off -site improvements prior to the issuance of any certificates of occupancy as may be determined by the City Engineer and/or the Building Official. 5) The subdivision's Conditions, Covenants and Restrictions ("CC&R"s) shall prohibit parking spaces from being used for anything other than the parking of operable vehicles by business owners, guests, patrons and employees of the development. 6)A Business Owners Association shall be formed to provide for perpetual maintenance of all common area and other area improvements of the development, including but not limited to, all landscaping, RESOLUTION NO. 07-48 PAGE 2 OF 3 retention, on -site and off -site parking areas, internal drives, perimeter walls, common and open space areas, and other areas important and relative to the appearance, quality and viability of the development. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS 4TH DAY OF DECEMBER SIGNED AND DECEMBER , 2007. ATTESTED TO , 2007. ATTEST: KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM: THIS 4TH DAY OF / 2- 5-07 RICHARD JOEL STERN City Attorney RESOLUTION NO. 07-48 PAGE 3 of 3