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HomeMy WebLinkAboutORD1198ORDINANCE NO.1198 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-15-03 FROM CB -2 (GENERAL COMMERCIAL)TO C-3/PD (GENERAL COMMERCIAL BY PLANNED DEVELOPMENT):REPEALING ANY CONFLICTING PROVISIONS: AND PROVIDING FOR SEVERABILITY. WHEREAS.on January 27,2004,the Apache Junction Planning and Zoning Commission voted 6-1 to recommend approval of the Planned Development rezoning request,case PZ-15-03,with certain deviations to the Apache Junction City Code,Volume II,Land Development Code,Chapter 6,Article 6-1,Landscape and Screening Requirements and certain deviations to Apache Junction City Code, Volume II,Land Development Code,Chapter 1 Zoning Ordinance, Article 20.Parking.Loading and Interior or Private Street Standards,particular to this development as conditioned herein: and WHEREAS,the Planning and Zoning Commission's recommendation contained conditions which the City Council hereby determines to provide greater flexibility in land use and encourages a more creative design compatible with existing and proposed land uses in the vicinity of the property in question,and WHEREAS,the proposed rezoning,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. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,AS FOLLOWS: SECTION I IN GENERAL: The zoning district classification on the Zoning District Map.City of ORDINANCE NO.1198 PAGE 1 OF 4 Apache Junction,Arizona,for the parcel of land legally described as: Lot 2,Grand View Place,excluding the East 80 feet thereof,according to the plat of record in the office of the County Recorder of Pinal County Arizona,in Book 6 of Maps,Page 2,(also known as Pinal County Assessor Parcel Number 101-10-111). AND The North 52 feet of Lot 4,Grand View Place,excluding the East 80 feet thereof,according to the plat of record in the office of the County Recorder of Pinal County Arizona, in Book 6 of Maps,Page 2,(also known as Pinal County Assessor Parcel Number 101-10-113b): be and is hereby amended from CB -2 (General Business Zone)to C-3/PD (General Commercial by Planned Development),subject to the following stipulations: 1.Final development plans shall conform substantially to the submitted site plan and elevations and as described in case file PZ-15-03,except as otherwise conditioned herein:including more color variation and also incorporating southwest tones among differing architectural features on all exterior elevations shall be used in the final design. 2.The final improvement plans shall allow the provision of 31 parking spaces for a building no larger than 2,866 square feet 3.The developer shall under -ground overhead utility lines adjacent to the development site on the west side and shall be required to under -ground utility lines across Grand Drive,on the north side. 4.The developers shall pay all applicable development fees prior to the issuance of building permits. 5.The property owners shall install any necessary on -site and off- site improvements,as determined by the City Engineer,including, but not necessarily limited to,paving,gutters,curbs, ORDINANCE NO.1198 PAGE 2 OF 4 sidewalks.streetlights,fire hydrants,utilities and on -site retention or detention basins. 6.All construction shall be done in compliance with all applicable codes and ordinances,including the City of Apache Junction Zoning Ordinance,the Uniform Building Code and the 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). 7.Detached signs shall consist of low -profile,monument signs.No pole signs shall be allowed.Attached signage shall be of the same character and proportions as depicted on the concept elevations. 8.The property shall be substantially developed within 24 months of Planned Development plan approval or the zoning may be subject to reversion by City Council legislative action pursuant to Apache Junction City Code,Volume II.Land Development Code,Chapter 1 Zoning Ordinance,Article 19 Planned Development Zoning District. Section 19.0111.4. 9.Pinal County Assessor Parcel Numbers 101-10-111 and 101-10-113B shall be combined prior to permit issuance. 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: If any section,sub -section,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 MARCH .2004. ORDINANCE NO.1198 PAGE 3 OF 4 SIGNED AND ATTESTED TO THIS 26TH DAY OF APRIL DOUGLAS CVLEMAN Mayor ATTEST: —IF/ KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM: Aig-12604 RICHARD JOEL STERN City Attorney ORDINANCE NO.1198 PAGE 4 OF 4 2004