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Home My WebLink AboutORD1144ORDINANCE NO.1144 AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,APPROVING A PLANNED DEVELOPMENT MAJOR AMENDMENT,CASE PZ-09-00,FOR A +/-8-ACRE,C-3/PD (GENERAL COMMERCIAL BY PLANNED DEVELOPMENT) -ZONED PROPERTY,NAMED "SUPERSTITION FALLS NORTH COMMERCIAL TIER"AND LOCATED AT THE SOUTHEAST CORNER OF S.GOLDFIELD ROAD AND THE SUPERSTITION FREEWAY/US60,BY AMENDING ORDINANCE NO.1042;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 June 2,1998,passed and adopted Ordinance No.1042,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-8-98,for a 21 -acre property,from TH/PD (Trailer Homesites by Planned Development)to C-3/PD (General Commercial by Planned Development);and WHEREAS,said Ordinance No.1042,is now in full force and effect;and WHEREAS,said Ordinance No.1042 is a valid ordinance of the City of Apache Junction,Arizona,and i t is the specific intent that Ordinance No.1144 not affect the validity of said ordinance as adopted;and WHEREAS,the current owners of the property in question,S.F.I1,L.L.C.,an Arizona limited partnership,submitted to the Planning and Zoning Commission a Major Amendment to their Planned Development property pursuant to the Apache Junction City Code,Volume 11,Land Development Code,Chapter 1,Zoning Ordinance,Section 19.0111(2),Supplementary Provisions,wherein the Commission recommended approval at their September 26,2000 regular meeting by a vote of 6 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 ORDINANCE NO.1144 PAGE 1 OF 5 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 No.1042 be amended for the purpose of approving the Planned Development plans for the Superstition Falls North Commercial Tier,as described herein and in case file PZ-09-00.The property is legally described as follows: A portion of the Northwest quarter of the Southwest quarter of Section 35,Township 1 North,Range 8 East of the Gila and Salt River Base and Meridian,Apache Junction,Pinal County,Arizona, generally described as that tract of land which lies between the south right-of-way line of US60 and the centerline of the entrance drive to Superstition Falls Manufactured Home Park;AND THAT herewith,the conditions of approval of Ordinance No.1042,be supplemented as follows: 1)The conditions of approval enumerated in Ordinance No.1042 are still in full force and effect,and are amended with additional conditions as contained herein. 2)The final planned development plans for the end users on the individual lots,as proposed in case PZ-09-00,shall be subject to final approval by the City Council only,on a case by case basis,according to the provisions of the Apache Junction City Code,Volume II,Land Development Code,Chapter 1,Zoning Ordinance,Article 19 Planned Development Zoning District,Section 19.0103.4(B).The uses proposed per lot shall be as follows:Lot 1)combination gas station/convenience mart/car wash;Lot 2)restaurant,such as a Denny's,Village Inn,Cracker Barrel or similar;Lot 3)hotel,such as a Travel Lodge,Comfort Inn or similar; Lots 4,5 and 6)medical or business offices,or retail shops,which will be light intensity,neighborhood friendly retail only;Lot 7) restaurant,such as a steakhouse,Mexican food or similar.Any proposed ORDINANCE NO.1144 PAGE 2 OF 5 use not consistent with the uses described herein shall be subject to a Major Planned Development Amendment approval process. 3)The existing landscaping along both sides of the entrance road shall be supplemented with additional landscaping to provide for compliance with the Apache Junction City Code,Volume II,Land Development Code,Chapter 6,Article 6-1,Landscape and Screening Requirements (Ordinance No.940 and amendments).The final landscape and irrigation plans shall show the existing landscaping as well as the new landscaping to insure densities required are being met.Retention areas which front onto streets shall be contoured without long straight side slopes.Six-foot perimeter screen and separation walls shall not be required,but three- foot walls may be required to screen headlights in parking lots. 4)For the purpose of Crime Prevention Through Environmental Design,all exterior solid doors shall have 180 -degree peep holes;all exits from buildings shall have adequate lighting;all remote locations such as trash receptacles,air and water stations,shall also have adequate lighting;and all bushes are to be trimmed to a height no greater than three feet and all tree branches shall be trimmed up to a height of no less than six feet. 5)The location,number and construction of driveways shall be constructed according to City Engineer,Fire District and Arizona Department of Transportation (ADOT)specifications.Appropriate permits from ADOT for any work done within the ADOT right-of-way shall be provided to the City during the building permit process. 6)As part of the final improvement plans for each lot,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. 7)Any proposed use,site plan and elevation plans for the future development south of the entrance drive on the 21 -acre property shall be required to undergo a separate Planned Development amendment process. ORDINANCE NO.1144 PAGE 3 OF 5 8)The seven lots of the north tier and the lot or lots south of the north tier shall be subdivided appropriately before more than three lots are sold for development. 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,additional right-of- way on Goldfield Road.Said improvements will 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 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). 11)The comprehensive sign package shall be accepted as proposed,except that the proposed 16 -foot -tall signs shall be limited to 12 feet instead and the 45 -foot -tall freeway sign shall be limited to 35 feet. 12)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.1144 PAGE 4 OF 5 PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,THIS 7th DAY OF November ,2000. SIGNED AND ATTESTED TO THIS 19TH ATTEST: KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM: cni 12-12 -0 0 RICHARD J.STERN City Attorney ORDINANCE NO.1144 PAGE 5 OF 5 DAY OF DECEMBER ,2000. DOUGLAS 'COLEMAN Mayor