HomeMy WebLinkAboutORD1173ORDINANCE NO.1173
AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE
JUNCTION,ARIZONA,APPROVING A PLANNED DEVELOPMENT MAJOR
AMENDMENT,CASE PZ-10-02,FOR PHASE TWO OF A ±20 GROSS -ACRE,C-
3/PD (GENERAL COMMERCIAL BY PLANNED DEVELOPMENT)ZONED PROPERTY,
LOCATED AT THE SOUTHWEST CORNER OF U.S.HIGHWAY 60 AND SOUTH
TOMAHAWK ROAD FOR AN EARNHARDT HYUNDAI DEALERSHIP.BY AMENDING
ORDINANCE NO.1126:REPEALING ANY CONFLICTING PROVISIONS:AND
PROVIDING FOR SEVERABILITY.
WHEREAS,on May 2.2000,the Mayor and City Council approved
Ordinance No.1126 which included a Planned Development for property
located at the southwest corner of U.S.Highway 60 and South Tomahawk
Road owned by Earnhardt's:and
WHEREAS.Earnhardt's desires to amend its plan to include a new
Hyundai dealership.
BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION.
ARIZONA THAT:
SECTION I IN GENERAL:
That Ordinance No.1126 be amended for the purpose of approving a Planned
Development concept plan specifically for Phase Two.a Hyundai Dealership,of
a proposed three-phase development,located ±570 feet west of the
intersection of Auto Center Drive and South Tomahawk Road.a portion of a
larger ±20 gross -acre parcel located at the southwest corner of U.S.Highway
60 and South Tomahawk Road.The Planned Development concept plan as
described herein and in Case PZ-10-02.proposes two structures,an automotive
sales/service building (16.154 square feet)and a car wash/detailing facility
(2598 square feet)totaling 18.752 square feet.and certain landscape and
screening deviations,for the property legally described as:
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
The South 594 feet thereof:and
ORDINANCE NO.1173
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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 degrees 06'00"East,434 feet from the East Quarter Corner of said
Section 33:
THENCE South 89 degrees 54'00"West 5701 feet:
THENCE North 07 degrees 13'26"West 346.68 feet:
THENCE North 85 degrees 24 06 -East.1103.97 feet (measured).North 85
degrees 21'15"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.
The conditions of approval are hereby amended as follows:
1)The Phase Two portion of the twenty acre property shall be developed
with the zoning deviations requested and in accordance with the
configuration and elevations shown on the submitted development plan,
except as otherwise conditioned herein.
2)As part of the final improvement plans for Phase Two,the applicants
shall submit 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.and amendments thereto,and as
allowed or required under this Planned Development Major Amendment to
include,but not necessarily be limited to:
A)The continuation of the existing block/wrought iron fence along
the north property line of Phase One across the north property
line of Phase Two.
B)The installation of a five foot landscape strip along the eastern
phase line,extending the entire length of the phase except for
indicated drives,planted with one 24 inch box tree every twenty
feet and 1 shrub every 10 feet.
C)The installation of a 12 foot deep landscape strip along Auto
Center Drive.the south property line frontage.extending the
entire width of the phase except for indicated access drives.
planted in accordance with the Provisions of Ordinance 940.
ORDINANCE NO.1173
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amendments thereto,with all required trees from 24 inch boxes.
D)Allowing the installation of a chain link fence along the western
phase line of Phase Two separating Phase Two from potential
development of Phase Three.
3)Phase Three,or the remaining ten acres of the larger twenty acre
development site,shall not be disturbed or graded until development
plans are approved for the remaining ten acres.The developers shall
present appropriate approvals from the Arizona Department of
Agriculture pertaining to the removal or salvage and re -use of
protected native plant species.
4)Any proposed use of the remaining ten acres or future Phase Three must
be approved through a Major Planned Development Amendment pursuant to
the Apache Junction City Code.Volume II.Land Development Code,
Chapter 1 Zoning Ordinance.Article 19 Planned Development Zoning
District,requiring public hearings before the Planning and Zoning
Commission and City Council.
5)Phase Two shall be substantially developed within 24 months of Planned
Development plan approval or the plan 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.
6)Any redevelopment on the site may require the developers to dedicate
and improve to the City Engineer's standards any necessary rights -of-
way.internal and external to the site.Said improvements may include,
but not necessarily be limited to.the provision of curbs,gutters,
sidewalks.driveways,streetlights,retention basins.etc.
7)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.Engineering Guidelines 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).
8)Any signage proposed or requested which exceeds the amount either in
total sign area,number,or in height as allowed by Apache Junction
City Code,Volume II,Land Development Code.Chapter 1 Zoning
Ordinance,Article 21,Sign Code and amendments thereto,shall be
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subject to Conditional Use Permit approval by the Planning and Zoning
Commission.
9)All other nonconflicting conditions of Ordinance No.1126 remain in
full force and effect.
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 4TH DAY OF MARCH 2003.
SIGNED AND ATTESTED TO THIS 4TH
ATTEST:
KATHLEEN CONNELLY
City Clerk
ORDINANCE NO.1173
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DAY OF MARCH .2003.
DOUGLAS /OLEMAN
Mayor
APPROVED AS TO FORM:
4 --3403
RICHARD JOEL STERN
City Attorney
ORDINANCE NO.1173
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