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HomeMy WebLinkAboutORD1191ORDINANCE NO.1191 AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,AMENDING THE CITY OF APACHE JUNCTION,ARIZONA. ZONING ORDINANCE,BY AMENDING THE ZONING DISTRICT MAP,CITY OF APACHE JUNCTION,ARIZONA,PZ-10-03,A REQUEST BY IDAHO PROPERTIES L.L.C.REPRESENTED BY JULIE MC DAID FOR A PLANNED DEVELOPMENT MAJOR AMENDMENT TO DEVELOP A SECOND PHASE ON IT'S 5 GROSS ACRE, C-3/PD ZONED PROPERTY.PURSUANT TO ORDINANCE NO.1091 (PZ-8-99). LOCATED AT THE SOUTHEAST CORNER OF S.IDAHO ROAD AND E.BROADWAY AVENUE.THE PLANNED DEVELOPMENT MAJOR AMENDMENT TO ALLOW AN ADDITIONAL 25.000 SQ.FEET OF COMMERCIAL DEVELOPMENT IN TWO PHASES,AND TWO 150 SQ.FEET MONUMENT SIGNS,PINAL COUNTY APN 102-04-003 AND 102-04-006D:REPEALING ANY CONFLICTING PROVISIONS: AND PROVIDING FOR SEVERABILITY. WHEREAS,The Mayor and City Council of the City of Apache Junction,Arizona,on March 9.2000,passed and adopted Ordinance No.1091 in rezoning case PZ-8-99,amending a Planned Development subsequent to Ordinance No.1025:and WHEREAS.on November 25.2003 the Apache Junction Planning and Zoning Commission voted 6-0 to recommend approval of the Planned Development Major Amendment request,Case PZ-10-03:and WHEREAS,the proposed Major Amendment subject to the conditions set forth herein enables the use and integration of contemporary land planning principles in such a manner to promote its most appropriate use,and further allows diversification in the relationship of various uses,structures,and spaces. NOW THEREFORE,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 legally described as: ORDINANCE NO.1191 PAGE 1 of 5 The Northwest quarter of the Southwest quarter of the Northwest quarter of the Northwest quarter AND the Southwest quarter of the Northwest quarter of the Northwest quarter of the Northwest quarter (NW1/4 SW1/4 NW1/4 NW1/4 AND NW1/4 NW1/4 NW1/4)of Section 28,Township 1 North, Range 8 East,of the Gila and Salt River Base and Meridian, Pinal County,Arizona. be and hereby is amended,subject to the following stipulations: 1)A 25 foot deep landscaping strip is required along the east exterior frontage of the property installed in accordance with Ordinance 940.Plant types in the frontage area may include any of the low-water consumptive varieties and shall be designed to create an aesthetically pleasing appearance.Landscaping shall contain all 24"box trees and other mature xeriscape plants and materials. 2)The east and south walls shall be 6 foot masonry walls. East wall shall be a 6 foot masonry wall.The wall heights should be measured from the finished grade of the commercial property. 3)The second phase development shall match the first phase architecture and materials 4)Interior landscaping shall include a landscape island at least every 11 parking spaces. 5)The landscape plan shall be prepared by a Registered Landscape Architect and shall be submitted to the City's Development Services Planning Division and approved by staff prior to any plant installation. 6)Signage shall be designed to complement the building facade and shall be no taller than 8 feet as measured from the adjacent road grade. 7)Lighting will be required along the east side of the perimeter wall and in other areas as necessary based on ORDINANCE NO.1191 PAGE 2 of 5 Community Policing Through Environmental Design and Dark Sky Ordinance requirements.This lighting shall be non- intrusive to neighboring properties while still ensuring adequate illumination for security purposes. 9)The property owners shall dedicate and improve to the City Engineer's standards any necessary right-of-ways,as determined by the City Engineer,including but not necessarily limited to,the east 50 feet for Idaho Road. Said improvements may include the provision of curbs, gutters,sidewalks,deceleration lanes,driveways, streetlights,fire hydrants,pavement widening,retention basins,drainage culverts,and other necessary and reasonable improvements as required by the City Engineer. 10)All construction shall be done in compliance with all applicable city codes and ordinances,as set forth in the following:the Zoning Ordinance,Uniform Building Code, Engineering Guidelines and Uniform Fire Code (including but not limited to,the provision of sufficient fire apparatus access roads,the marking of fire lanes and the provision of adequate water supplies,sprinkler systems and fire hydrants). 11)The final plan shall conform substantially with the submitted and approved preliminary plan,including but not limited to such items as setbacks,layout,open space configuration,landscape concept,façade enhancement and signage. 12)As part of the final improvement plans,the developers shall provide a drainage report and drainage plan for the site,taking into account both existing and additional drainage and flood control and retention structures needed, subject to the City Engineer's review and approval.All other necessary on -site and off -site improvements shall be constructed according to the City Engineer's specifications. 13)The property shall be developed within 24 months of the Planned Development Major Amendment approval or may be ORDINANCE NO.1191 PAGE 3 of 5 subject to reversion to its former classification by City Council legislative action pursuant to Arizona Revised Statutes Annotated (ARS 9-462.01). SECTION II: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 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 6TH DAY OF JANUARY 200 4 SIGNED AND ATTESTED TO THIS 6TH DAY OF JANUARY 2004.1 ATTEST: /szezhee_._44744 KATHLEEN CONNELLYKATHLEEN CONNELLY City Clerk ORDINANCE NO.1191 PAGE 4 of 5 DOUGLAS COLEMAN Mayor APPROVED AS TO FORM: .gg --12.18.63 RICHARD JOEL STERN City Attorney ORDINANCE NO.1191 PAGE 5 of 5