HomeMy WebLinkAboutORD1214ORDINANCE NO.1214
AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF
APACHE JUNCTION,ARIZONA,APPROVING A PLANNED DEVELOPMENT
MAJOR AMENDMENT,CASE PZ-12-04,A REQUEST BY LEONARD SPRAKER
TO AMEND THE PLAN OF DEVELOPMENT TO ALLOW FOR THE CONSTRUCTION
OF AN ADDITIONAL DETACHED SIGN,AND TO PERMIT THE CONTINUED USE
OF A NON -CONFORMING BILLBOARD BY AMENDING ORDINANCE NO.1168:
REPEALING ANY CONFLICTING PROVISIONS:AND PROVIDING FOR
SEVERABILITY.
WHEREAS,the Mayor and City Council of the City of Apache
Junction,Arizona.on November 19.2002,passed and adopted Ordinance
No.1168,amending the City of Apache Junction,Arizona,Zoning
Ordinance,by amending the Zoning District Map,City of Apache
Junction,Arizona,changing the zoning classification in rezoning case
PZ-4-02 from GR (General Rural),TR (Transitional Zone),CB -2 (General
Business Zone),C-3 (General Commercial District),and CI -1 (Light
Industry and Warehouse Zone)to C-3/PD (General Commercial District by
Planned Development)and CI-1/PD (Light Industry and Warehouse Zone by
Planned Development);and
WHEREAS,on August 24,2004,the Apache Junction Planning and
Zoning Commission voted 5 to 0 (unanimously)to recommend approval of
the request for a Planned Development Major Amendment,Case PZ-12-04,
to allow for the installation of a second detached sign and for the
continued use of the legally non -conforming billboard until the current
lease ends in 2014:and
WHEREAS,the Commission's recommendation contained conditions
which the City 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 to promote its most appropriate
use,and further allows diversification in the relationship of various
uses,structures,and spaces.
ORDINANCE NO.1214
PAGE 1 OF 4
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.1168 be amended for
the purpose of approving a Planned Development Amendment to allow for a
second monument sign to be installed on the property and for a
temporary waiver of Zoning Ordinance,Article 21,Section 21.37e(3),to
permit the continued use of the existing billboard as described herein
and in Case PZ-12-04 for the properties legally described as follows:
Part of the Northwest quarter of Section 19,Township 1 North,
Range 8 East of the Gila and Salt River Base and Meridian,Pinal
County,Arizona.described as follows:
The East 200 feet of the following property beginning at a
point 600 feet West of the Southeast corner of the Northwest
quarter of Section 19:thence West 900 feet on the South line
of the Northwest quarter:thence North parallel to the East line
of the Northwest quarter,a distance of 650 feet:thence East
parallel to the South line of the Northwest quarter.900 feet:
thence South parallel to the East line of the Northwest quarter,
650 feet to the Point of Beginning,except he North 210 feet
thereof.
Also known as Pinal County Assessor Parcel Number 101-04-007C.
The conditions of Ordinance No.1168 are hereby amended and
supplemented as follows,specific only to the subject site described
above:
Add a Planned Development condition number 19 to read:
19)A second detached sign will be permitted for the site
subject to the following conditions:
a.All other applicable provisions of Ordinance No.1168
shall remain in full force and effect...
b.The billboard shall be stuccoed,painted: and have the
maintenance platform replaced with wood,all to complement
ORDINANCE NO.1214
PAGE 2 OF 4
the new restaurant on the site.These materials shall be
maintained in a like new condition.
c.Additional vegetation shall be added to the area
immediately around the base of the billboard,to include
two (2)24 -inch box trees,four (4)15 -gallon shrubs,
and twenty-five (25)square feet of groundcover plants.
These additional plants shall not count towards the
already required landscaping for the site.
d.The proposed menu board signs and detached restaurant
sign shall have stone or equivalent material installed
to wrap the base up to the bottom of the sign cabinet.
The billboard supports shall have the same treatment at
the base of the columns to match the detached restaurant
sign.
e.The billboard and any related billboard structure shall
be removed within thirty (3O)days : after the expiraion
of the current lease,which ison July 1 01-4: 'The
lease shall not be renewed nor extended for any length of
time for any reason.After approval,-a. coy of this
ordinance shall be recorded by the property owner against
the subject property with the Pinal County Recorder's
Office and any future property owners shall be informed
of this requirement.
f.The overall development of the site shall conform with
the approved site plan on file with the Development
Services Department.Both the cross access agreements
with the neighboring properties shall be completed and
recorded with the Pinal County Recorder's Office and the
improvements to the billboard shall be finished prior to
occupancy of the restaurant building.All future phases
of development on the site shall compliment the new
restaurant building and follow the provisions of Ordinance
No.1168 and the City of Apache Junction Design Guidelines
as approved by Resolution No.04-06.
g.The property owner has ninety (90)days to complete the
improvements to the sign.
ORDINANCE NO.1214
PAGE 3 OF 4
h.A blank sign panel shall be installed on the monument
sign to allow for future tenant signage similar to the
drawing submitted.
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,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 7TH DAY OF SEPTEMBER 2004.
SIGNED AND ATTESTED TO THIS 7TH
ATTEST:
KATHLEEN CONNELLY
City Clerk
APPROVED AS TO FORM:
GI- 19.o+
RICHARD JOEL STERN
City Attorney
ORDINANCE NO.1214
PAGE 4 OF 4
DAY OF SEPTEMBER .2004.
DOUGLAS COVEMAN
Mayor