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HomeMy WebLinkAboutORD1237ORDINANCE NO.1237 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-8-05 FROM CB -2 ("GENERAL BUSINESS ZONE")TO C-2/PD ("LOCAL COMMERCIAL DISTRICT BY PLANNED DEVELOPMENT"):REPEALING ANY CONFLICTING PROVISIONS:AND PROVIDING FOR SEVERABILITY. WHEREAS,on May 24,2005,the Apache Junction Planning and Zoning Commission,unanimously voted 6 to 0 to recommend approval of the request for rezoning,Case PZ-8-05,to change the zoning district classification from CB -2 to C-2/PD:and WHEREAS,the Commission's recommendation contains specific conditions which the City Council hereby determines to provide greater flexibility in site design,pedestrian,and automotive traffic circulation,and encourages a more creative design compatible with existing and proposed land uses in the vicinity of the property in question:and WHEREAS.the City Council hereby determines that the proposed amendment conforms to all"of the general criteria as specified in Section 19.0109,including compliance with the General Plan, integration with the surrounding neighborhood,adequate traffic accommodation,adequate public facilities infrastructure ,exists,and that the design and uses should result in enhahtement to the social. built,and natural environment in the City. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA THAT: SECTION I:IN GENERAL The zoning district classification on the Zoning District Map,City of Apache Junction,Arizona,for the parcel of land legally described as: The South 130 feet of Lot 4 and the West 50 feet ORDINANCE NO.1237 PAGE 1 OF 4 of the South 130 feet of Lot 3,Cayton Subdivision, according to Book 5 of Maps,Page 21,records of Pinal County,Arizona. Be and hereby is amended from CB -2 to C-2/PD,subject to the following stipulations: 1)The final development plan,including the site layout and elevations,shall conform substantially with the 'submitted and approved concept plan provided by the applicant in Case P7-8-05: 2)The South building front yard setback is permitted to be five feet (5').The stairwells on the West and East sides may encroach into the side yard setbacks no more than five feet -(5'). 3)Parking shall be provided as shown on the site plan. for a total.of 30 spaces.This is sufficient if the building is utilized by all retail tenants.All uses shall comply with the parking regulations provided in Section 20 of the Zoning Ordinance.A cross -access agreement shall be acquired from the adjoining property owner prior -to final approval of the site plan with the proposed circulation pattern as shown in Case PZ-8-05. 4)If office uses. are desired,in addition to any retail uses,such uses are limited to fifty -percent (50%)Of the total square footage of the, building.To provide for the additional required parking,the property owner shall provide documentation •of a perpetual shared parking arrangement with an adjoining property owner,will permit shared parking byviSitors and tenants,and will provide for employee parking 5)To compensate for the reduced setbacks,the developer shall provide twenty-five percent (25%)more plants than required in the Apache Junction City .Code,Volume II,Land Development Code,Chapter .6,Article 6-1,Landscaping and Screening Requirements.Landscaping plans shall be developed that provide for no more than twenty percent ORDINANCE NO.1237 PAGE 2 OF 4 (20%)of any required vegetation being met with one species of plant.No less than:six (6), large boulders shall be included as part of the final landscape design.All trees shall be twenty-four inch (24")box type. 6)A shared monument sign with the .adjacent property to the east will be permitted,subject to its location being against the east property line and upon the removal of all detached signage on the adjoining property.Any future detached signage on the adjoining property known as Kachina Square will terminate this stipulation and the monument sign on the subject parcel will have to comply with the five foot (5')setback required in Section 21 of the Zoning Ordinance. 7)In addition to any other requirements of the Zoning Ordinance,the final building design and site plan shall reflect and incorporate the design guidelines as previously approved in Resolution No.04-06. 8)Except as noted herein,all other standard provisions of the C-2 zoning classification shall apply to this property. SECTION II: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 portioh 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 21ST DAY OF JUNE ,2005. SIGNED AND ATTESTED TO THIS 21ST DAY OF JUNE ,2005. ORDINANCE NO.1237 PAGE 3 OF 4 DOUGLAS TLEMAN Mayor ATTEST: KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM: 615.o5 RICHARD JOEL STERN City Attorney ORDINANCE NO.1237 PAGE 4 OF 4