HomeMy WebLinkAboutORD1134ORDINANCE NO.1134
AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE
JUNCTION,ARIZONA,APPROVING A PLANNED DEVELOPMENT MAJOR
AMENDMENT,CASE PZ-11-00,FOR A +/-8.23-ACRE,C-3/PD (GENERAL
COMMERCIAL BY PLANNED DEVELOPMENT) -ZONED COMMERCIAL SUBDIVISION,
NAMED "IDAHO AND SUPERSTITION COMMERCIAL SUBDIVISION"AND LOCATED
EAST OF S.IDAHO ROAD ON THE SOUTH SIDE OF E.29TH AVENUE,BY
AMENDING ORDINANCE NOS.933 AND 946;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:
WHEREAS,the Mayor and City Council of the City of Apache Junction,Arizona,
on September 5,1995,passed and adopted Ordinance No.933,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-03-95,for the west 5 acres of the original
10 -acre property,from GR (General Rural)to C-3/PD (General Commercial by
Planned Development);and
WHEREAS,the Mayor and City Council of the City of Apache Junction,Arizona,
on March 5,1996,passed and adopted Ordinance No.946,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-07-95,for the east 5 acres of the original
10 -acre property,from GR (General Rural)to C-3/PD (General Commercial by
Planned Development);and
WHEREAS,the Mayor and City Council of the City of Apache Junction,Arizona,
on June 18,1996,approved the final subdivision plat for the Idaho and
Superstition Commercial Subdivision,pursuant to Resolution No.96-14 which
approved the preliminary plat,approving a 6 lot commercial subdivision on the
east 8.23 acres of the original 10 acre property;and
WHEREAS,said Ordinance Nos.933 and 946,and Resolution No.96-14 are now in
full force and effect;and
WHEREAS,said Ordinance Nos.933 and 946,and Resolution No.96-14 are valid
ordinances and resolution of the City of Apache Junction,Arizona,and i t is
the specific intent that Ordinance No.1134 not affect the validity of said
ORDINANCE NO.1134
PAGE 1 OF 5
ordinances and resolution as adopted;and
WHEREAS,the current owners of the property in question,Idaho Freeway
Associates,an Arizona Partnership,submitted to the Planning and Zoning
Commission a Major Amendment to their Planned Development subdivision pursuant
to the Apache Junction City Code,Volume II,Land Development Code,Chapter 1,
Zoning Ordinance,Section 19.0111(2),Supplementary Provisions,wherein the
Commission recommended approval at their June 27,2000 regular meeting by a
vote of 5 to 1;and
WHEREAS,the Commission's recommendation contained conditions which the
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 Major Amendment subject to the conditions set forth
herein enables the use and integration of contemporary land planning
principles in such a manner as to promote its most appropriate use,and
further allows diversification in the relationship of the various uses,
structures,and spaces.
NOW,THEREFORE,BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
APACHE JUNCTION,ARIZONA,AS FOLLOWS:
SECTION I IN GENERAL
That the conditions of approval of Ordinance Nos.933 and 946 be amended for
the purpose of approving the Planned Development plans for a Waffle House
restaurant on the west 85 feet of Lot 1 of Idaho and Superstition Commercial
Subdivision,as described herein and in case file PZ-11-00;and the Planned
Development Amendment request by Idaho Freeway Associates also seeks to
establish a palette of uses for the remaining undeveloped lots in the C-3/PD-
zoned subdivision.The subdivision is legally described as follows:
Idaho and Superstition Commercial Subdivision,according to the
plat of record in the office of the County Recorder of Pinal
County,Arizona,recorded in Cabinet B,Slide 116.(Said
subdivision is generally located in the Northwest quarter of
Section 33,Township 1 North,Range 8 East of the Gila and Salt
River Base and Meridian,Apache Junction,Pinal County,Arizona;
AND THAT
ORDINANCE NO.1134
PAGE 2 OF 5
herewith,the conditions of approval of Ordinance Nos.933 and 946,be
supplemented as follows:
1)The restaurant shall be designed with neutral earth tone colors on a
stucco finish and with a yellow awning,complementary to the area and
the nearby hotel and shall be subject to final approval by the City
Council during final Planned Development plan approval,which in this
case shall coincide with this present request.
2)The permitted uses on the remaining lots of the Idaho and Superstition
Commercial Subdivision shall include Craft or Hobby Shop,Barber or
Beauty Shop,Delicatessen,Restaurants,Business Offices,Eye Doctor,
Chiropractor,Laundromat,Video Arcade,Office Supply Store,Photo Copy
Store,Photography Studio,Book or Music Store,Bakery,Florist,
Furniture Store,Sporting Goods Store,Shoe Store,Veterinarian,Pet
Shop,Fitness Studio,Jeweler and other permitted uses of equal or lower
intensity as listed herein,and to exclude particularly,Filling
Station,Auto and Transmission Repair,RV storage or Car Wash.No mini
storage shall be allowed.
3)All on -site and off -site improvements shall be designed and constructed
according to City Engineer,Fire District and standard C-3 zoning
specifications.
4)As part of the final improvement plans for Lot 1,the applicants shall
provide a landscape plan in accordance with the Apache Junction City
Code,Volume II,Land Development Code,Chapter 6,Article 6-1 Landscape
and Screening Requirements,to include,but not necessarily be limited
to:standard landscape setbacks,parking areas,retention areas and
landscape berms for functional,security and aesthetic purposes;but may
exclude the provision of the normally required 6 -foot masonry perimeter
wall.Said landscape plans are subject to approval by the Parks and
Recreation Department,Planning Division and Police Department.
5)Any proposed use,site plan and elevation plans for the remaining lots
in the subdivision may be approved by the Zoning Administrator or the
Development Services Director upon a finding that said future uses are
of equal or similar intensity and development standards as the developed
lots therein.The final plan must be approved by the City Council.
6)The property owners shall improve to the City Engineer's standards any
necessary right-of-way and access to the property.Said improvements
ORDINANCE NO.1134
PAGE 3 OF 5
may include the provision of curbs,gutters,sidewalks,driveways,
streetlights,fire hydrants,pavement widening,retention basins,
drainage culverts,and other necessary and reasonable improvements as
required by the City Engineer.
7)All construction shall be done in compliance with all applicable codes
and ordinances as adopted in the Apache Junction City Code,Volume II,
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).
8)The property owner shall provide to the city's Planning Division of the
Development Services Department,copies of any and all cross access
agreements and/or documents relative to cross access with the existing 4
Sons/Mobil/Blimpie's business to the west and future developments to the
east,prior to final issuance of Certificate of Occupancy for the Waffle
House Restaurant.
9)The developers shall pay all applicable development fees prior to the
issuance of building permits.
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,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.
ORDINANCE NO.1134
PAGE 4 OF 5
PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE
JUNCTION,ARIZONA,THIS 1st DAY OF August ,2000.
SIGNED AND ATTESTED TO THIS 29TH DAY OF MAY 2001.
DOUGLAS OLEMAN
Mayor
ATTEST:
KATHLEEN CONNELLY
City Clerk
APPROVED AS TO FORM:
RICHARD J.STERN
City Attorney
ORDINANCE NO.1134
PAGE 5 OF 5