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
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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
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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
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