Loading...
HomeMy WebLinkAboutORD1126ORDINANCE NO.1126 AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,APPROVING A PLANNED DEVELOPMENT MAJOR AMENDMENT,CASE PZ-20-99,FOR A +/-20-ACRE,C-3/PD (GENERAL COMMERCIAL BY PLANNED DEVELOPMENT) -ZONED PROPERTY,LOCATED AT THE SOUTHWEST CORNER OF US60 AND S.TOMAHAWK ROAD,BY AMENDING ORDINANCE NO.1053;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 conditions of approval of Ordinance No.1053,pertaining to the development of a hotel,commercial and retail development on the following described property,be amended and rewritten to allow instead for the development of an auto sales and service facility on said property: The Northeast quarter of the Southeast quarter of Section 33,Township 1 North,Range 8 East of the Gila and Salt River Base and Meridian,Pinal County, Arizona; EXCEPT for the South 594 feet thereof;and EXCEPT that portion deeded to the State of Arizona which lies Northerly and Easterly of the following described line: BEGINNING at a point on the East line of said Section 33,which point bears South 00°06'00"East,434 feet from the East quarter corner of said Section 33; THENCE South 89°54'00"West 57.01 feet; THENCE North 07°13'26"West 346.68 feet; THENCE North 85°24'06"East 1103.97 feet (measured),North 85°23'15"West 1103.73 feet (recorded),to the POINT OF ENDING on the North line of said Northeast quarter of the Southeast quarter of Section 33. ORDINANCE NO.1126 PAGE 1 OF 4 The conditions of approval are hereby amended and rewritten as follows and as described in case file PZ-20-99: 1)The Earnhardt's Auto Sales,Phase One,portion of the 20 -acre property shall be developed with the zoning deviations requested and in accordance with the basic configuration and elevations shown on the submitted amended preliminary Planned Development plan,except as otherwise conditioned herein. 2)The location,number and construction of driveways for Phase One of the development shall be constructed according to City Engineer,Fire District and Arizona Department of Transportation (ADOT)specifications. 3)As part of the final improvement plans for the Phase One area,the applicants shall provide a landscape plan,subject to approval by the Parks and Recreation Department and Development Services Planning Division,in accordance with the Apache Junction City Code,Volume II, Land Development Code,Chapter 6,Article 6-1 Landscape and Screening Requirements,and as allowed or required under this Planned Development Major Amendment,to include,but not necessarily be limited to: a)Landscaping on the north side of the building to be at least 10 feet in depth and four landscape islands,18 feet by 36 feet in area,to be located in the center of the compound area; b)15 -foot deep landscape setback strip along the S.Tomahawk Road frontage and 12 -foot landscape setback strips along the north (US60)and south (Auto Center Drive)side of the subject property; c)At least 80% of the required trees shall be 24"box and all shrubs shall be at least 5 gallon in size; d)Perimeter fencing shall be masonry block with wrought iron segments permitted; e)All bushes shall be trimmed to a height of less than three feet and all tree branches shall be trimmed to a height of no lower than 6 feet,for purposes of Crime Prevention Through Environmental Design. 4)Any other phases/areas of the larger 20 -acre site not proposed for development at this time shall not be disturbed or graded until development plans are approved for other phases of development.The developers shall present the appropriate approvals from the Arizona Department of Agriculture pertaining to the removal or salvage and re- use of protected native plants. ORDINANCE NO.1126 PAGE 2 OF 4 5)Any proposed use,site plan and elevation plans for the future phases on the 20 -acre property that would be developed subsequent to Phase One, come back through our normal process of approvaL. 6)The property owners shall dedicate and improve to the City Engineer's standards any necessary rights -of -way,as determined by the City Engineer,including but not necessarily limited to,S.Tomahawk Road on the east side,W.34°Avenue (Auto Center Drive)on the south side and any necessary cut-off corners.Said improvements may include the provision of curbs,gutters,sidewalks,deceleration lanes,driveways, streetlights,fire hydrants,pavement widening,retention basins, drainage culverts,etc. 7)The developers shall coordinate with and obtain appropriate permits from the Arizona Department of Transportation (ADOT)and Pinal County for any work done within the ADOT and Tomahawk Road right-of-ways.A traffic study may be required of the developer if ADOT does not permit the construction of a deceleration lane on their portion of the S.Tomahawk Road right-of-way. 8)The property shall be substantially developed within 24 months of this amended Planned Development plan approval or the City Council may take legislative action to revert the zoning to its former classification according to the Apache Junction City Code,Volume II,Land Development Code,Chapter One,Zoning Ordinance,Article 19 Planned Development Zoning District,Section 19.0111.4 Expiration and Reversion of Planned Development Zoning District.For the purpose of this Planned Development,substantial development on the 20 -acre property shall be defined as the construction of Phase One (Earnhardt's Auto Sales). 9)All construction shall be done in compliance with all applicable codes and ordinances as adopted in the Apache Junction City Code,Volume II, Land Development Code including,but not limited to,the Zoning Ordinance,the Uniform Building Code,Engineering Guidelines and the Uniform Fire Code (including,but not limited to,the provision of fire apparatus access roads,the marking of fire lanes and the provision of adequate water supplies,sprinkler systems and fire hydrants). 10)Because the City Council -approved development agreement with Earnhardt's contained specific language pertaining to future signage,Earnhardt's shall be required to process a separate Conditional Use Permit (CUP)for ORDINANCE NO.1126 PAGE 3 OF 4 the erection of signs which are taller or larger than normally allowed. Said CUP shall be subject to a Planning and Zoning Commission recommendation and City Council decision. SECTION I I REPEALING ANY CONFLICTING PROVISIONS All ordinances and parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. SECTION III PROVIDING FOR SEVERABILITY I f 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 2ND DAY OF MAY ,2000. SIGNED AND ATTESTED TO THIS 17TH DAY OF ATTEST: KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM: c;A-•'°6 .-15—‘39 RICHARD J.STERN City Attorney ORDINANCE NO.1126 PAGE 4 OF 4 Ji1L-Y ,2000. DOUGLAS COLEMAN Mayor