HomeMy WebLinkAboutORD1221ORDINANCE NO.1221
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-15-04 FROM CB -2
(GENERAL BUSINESS)TO C-3/PD (GENERAL COMMERCIAL BY PLANNED
DEVELOPMENT):REPEALING ANY CONFLICTING PROVISIONS:AND
PROVIDING FOR SEVERABILITY.
WHEREAS,the proposed development,with the stipulations below,
allows for the utilization of a development site that has flooding and
drainage challenges and other development constraints that will result
in the enhancement of the environment for shopping activities in the
City.and is consistent with the City's General Plan:and
WHEREAS.the proposed development will integrate with the
surrounding land uses,traffic will be safely accommodated,there are
adequate public facilities and services exist:and the natural
environment will adequately be preserved:and
WHEREAS,on October 26,2004,the Apache Junction Planning and
Zoning Commission,voted 6 to 0 (unanimously)to recommend approval of
the request for rezoning,Case PZ-15-04,to change the zoning district
classification from CB -2 (General Business)to C-3/PD (General
Commercial by Planned Development):and
WHEREAS,the Commission's recommendation contained conditions
which the Council hereby determines to provide greater fTexibility in
land use and encourages a more creative .des n'Lompatible with existing
and proposed land uses in the vicinity,,,of the':property i:n7question.
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:
ORDINANCE NO.1221
PAGE 1 OF 5
That portion of the Northeast quarter of Section 28,Township 1
North,Range 8 East of the Gila .and Salt River Base and Meridian,
Pinal County,Arizona,described as follows:
BEGINNING at a point of intersection of th'e,7North,Ifne of Section
28,Township 1 North,Range 8 Eastof the, Gila and,Salt,RiNer
Base and Meridian and the North ridht-Y-way lineof :LF:S.'Highway
60,70,80,and 89 as i t exi ted january:1:19.63:';will.ch point is
2530.55 feet West of the Northeast corner:Of said Section 28:
Thence Southeasterly along said North right-of-way line,a
distance of 1119.09 feet to a paint:
Thence Northeasterly and perpendicular to said North right of way
line,315.65 feet to a point:
Thence Northwesterly along a line parallel to and 315.65 feet
from said North right-of-way line 672.73 feet to the point of
intersection with North line of said Section 28:
Thence Westerly along the North line of said Section 28.546.69
feet to the POINT OF BEGINNING:
EXCEPT the North 33 feet thereof:and
EXCEPT the Southwesterly 100 feet as condemned for highway
purposes in Final Order of Condemnation recorded May 31.1966 in
Docket 450,Page 542:and
EXCEPT the following described property:
COMMENCING at the North quarter corner of said Section 28:
Thence North 89 degrees 46 minutes 47 sections East along the
North line of the Northwest quarter of the Northeast. quarter of
Section 28,a distance of 284.76 feet to the Northeast right of
way of Highway 60,70,80.and 89;
Thence South 54 degrees 59 minutes 10 seconds East along said
right-of-way line,a distance of 86.67 feet to a point on a 50
foot right of way line and the TRUE POINT OF BEGINNING:
ORDINANCE NO.1221
PAGE 2 OF 5
Thence continuing South 54 degrees 59 minutes 10 seconds East
along said right of way line,a distance of 338.10 feet:
Thence North 35 degrees 00 minutes 50 seconds East,a distance
of 215.95 feet;
Thence North 54 degrees 59 minutes 54 seconds West,a distance
of 32.38 feet:
Thence South 89 degrees 46 minutes 47 seconds West,a distance of
374.32 feet to the TRUE POINT OF BEGINNING:
be and hereby is amended from CB -2 (General Business)to C-3/PD
(General Commercial by Planned Development),subject to the following
stipulations:
1.)The proposed development shall be similar to the conceptual
site plan submitted with the application in Case PZ-15-04.One
(I)detached sign shall be permitted in addition to the two
(2)existing billboards currently on -site.
2.)The billboards and any related billboard structures shall be
removed within thirty (30)days after the expiration of the
current lease,which is on April 1,2014.The —lease shall not
be renewed nor extended for any length of time for any reason.
After approval,a copy 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.
3.)To reduce the visual impact of the billboard mass,the
property, owner shall plant trees near the north and south ends
of the billboards,including,but not limited to,one (I)
Shamel Ash Fraxinus Uhdei and one (1)Euclayptus Rudis (or
equivalent),for a total of eight (8)trees..These; specific
trees shall be 24 inch -box size and may.be'remoed when the
billboards are removed,if desired by.theproperty 'owner;
These additional plants shall not cont towards the -already
required landscaping for the site.Inaddition..,.td fOrther
mitigate the visual impact of the billboards,the developer .
shall provide twenty-five percent (25%)more Vegetation,
ORDINANCE NO.1221
PAGE 3 OF 5
including trees,shrubs and groundcover plants,than
required by the City's Landscaping and Screening Requirements
as noted in the final landscaping plans.
4.)Prior to any development on the site,the developers shall
dedicate and improve,to the City Engineer's standards,any
necessary right-of-ways:both internal and external to the
site.Said improvements may include,but are not necessarily
limited to.the provision of curbs,gutters.sidewalks.
driveways,streetlights,and retention basins.
5.)Any use or development of said property may be conditioned
upon the provision of public improvements,a decorative
masonry perimeter wall and landscaping in accordance with the
provisions of the Landscape and Screening Requirements.The
provisions of the Uniform Building Code and all other City
codes,policies,guides and standards shall apply and control
all design and construction of improvements,including the
.City of Apache Junction Design Guidelines as approved by
Resolution No.04-06.
6.)Any future developers shall pay all applicable development
fees prior to the issuance of building permits.
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 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.)The base zoning classification.(C-3)shall govern' .all 'current
and future land -uses,setbacks and other requirements not
specifically addressed above.
SECTION II:REPEALING ANY CONFLICTING PROVISIONS
All ordinances and parts of ordinances in conflict with the provisions
of this ordinance are hereby repealed.
ORDINANCE NO.1221
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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 7TH DAY OF DECEMBER 2004.
SIGNED AND ATTESTED TO THIS 7TH DAY OF DECEMBER .2004.
ATTEST:
KATHLEEN CONNELLY
City Clerk
APPROVED AS TO FORM:
sit 11-18-04
RICHARD JOEL STERN
City Attorney
ORDINANCE NO.1221
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1)---TOUGLrA/ASLE'Mel--°3441-4AN
Mayor