HomeMy WebLinkAboutORD1178ORDINANCE NO.1178
AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF
APACHE JUNCTION,ARIZONA,APPROVING A PLANNED DEVELOPMENT
MAJOR AMENDMENT,CASE PZ-8-02,FOR A ±1 -ACRE,C-3/PD
(GENERAL COMMERCIAL BY PLANNED DEVELOPMENT) -ZONED PROPERTY,
LOCATED AT THE SOUTHWEST CORNER AREA OF W.APACHE TRAIL AND
S.GOLD DRIVE,BY AMENDING ORDINACE NO.842: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 1,1992,passed and adopted Ordinance No.842,
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-9-92,for a ± 9.8-
acre property,from GR (General Rural)and CB -2 (General Business)to
C-3/PD (General Commercial by Planned Development):and
WHEREAS,said Ordinance No.842,is now in full force and effect:and
WHEREAS,said Ordinance No.842 is a valid ordinance of the City of
Apache Junction,Arizona,and i t is the specific intent that Ordinance
No.1178 not affect the validity of said ordinance as adopted:and
WHEREAS,the current owners of the property in question,CSK Auto Inc..
on behalf of the Lucy Phelps Family Trust,submitted to the Planning
and Zoning Commission a Major Amendment request for a portion of their
Planned Development property 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 March 25,2003.regular meeting by a vote
of 6 to 0:and
WHEREAS,the Commission's recommendation contained conditions which the
Council hereby determines to provide greater flexibility in land use
ORDINANCE NO.1178
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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 No.842 be amended for the
purpose of approving the Planned Development plans for the Checker Auto
business,as described herein and in case file PZ-8-02.The property
is legally described as follows:
That portion of the Southwest quarter of Section 20,Township
1 North,Range 8 East of the Gila and Salt River Base and
Meridian,Pinal County,Arizona,more particularly described
as follows:
BEGINNING at the West quarter corner of said Section 20,thence
South 89°50'00"East along the north -south mid -section line of
said Section 20.a distance of 502.12 feet:thence South
00°10'00"West,a distance of 62.21 feet to a point on the South
right-of-way line of Apache Trail,said point also being the TRUE
POINT OF BEGINNING:thence South 89°52'00"East along the said
South right-of-way line of Apache Trail,a distance of 277.45
feet to a point on the West right-of-way line of Gold Drive:
thence South 00°00'35"West along the said West right-of-way line
of Gold Drive.a distance of 157.00 feet:thence North 89°52'00"
West a distance of 277.45 feet:thence North 00°00'35"East a
distance of 157.00 feet to the said point on the South right-of-
way line of Apache Trail,said point also being the TRUE POINT OF
BEGINNING:AND THAT
herewith,the conditions of approval of Ordinance No.842,be
supplemented as follows:
ORDINANCE NO.1178
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1)The Checker Auto Parts Store shall be constructed in accordance
with the submitted site plan,elevation plans and color scheme
submitted on/or dated March 7,2003,as contained in case file PZ-
8-02,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 detached signs for the Checker Auto Parts Store shall be
monument signs (not pole signs),no taller than twelve feet high
and designed to complement the colors and character of the
building.
3)Future uses and buildings in the Ironwood Crossings Shopping Center
shall require review and approval of the Planning and Zoning
Commission and City Council through the Planned Development
Amendment process.
'4)Any necessary on -site and off -site improvements shall be designed
and constructed according to City Engineer,Fire District and
standard C-3 zoning specifications,except as otherwise permitted
herein.
5)As part of the final improvement plans for the Checker Auto site,
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 landscaped
setbacks,parking areas with parking islands,retention areas and
landscape berms for functional,security and aesthetic purposes:
but may exclude the provision and construction 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.
6)The property owners shall improve to the City Engineer's standards
any necessary right-of-way and access to the property.Said
improvements 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.
ORDINANCE NO.1178
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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 applicants shall provide to the city's Planning Division of the
Development Services Department,copies of any and all cross
access agreements and/or documents relativeto cross access,
common parking and shared drainage and retention,with the other
owners in the Ironwood Crossings development,prior to issuance of
Certificate of Occupancy.
9)All other applicable provisions of Ordinance No.842 and the
original development plan,as contained in case file PZ-9-92,shall
remain in full force and effect.
10)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.
PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE
JUNCTION,ARIZONA,THIS 15TH DAY OF APRIL .2003.
SIGNED AND ATTESTED TO THIS 15TH DAY OF APRIL .2003.
ORDINANCE NO.1178
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_d)
DOUGLAS CZLEMAN
Mayor
ATTEST:
KATHLEEN CONNELLY
City Clerk
APPROVED AS TO FORM:
4-6-a3
RICHARD J.STERN
City Attorney
ORDINANCE NO.1178
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