HomeMy WebLinkAboutORD1230ORDINANCE NO.1230
AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF APACHE
JUNCTION,ARIZONA,APPROVING A PLANNED DEVELOPMENT MAJOR
AMENDMENT,CASE PZ-1-05,A REQUEST BY JOHN SURIN OF K&I
ARCHITECTS,ON BEHALF OF LEXON DEVELOPER SERVICES.LLC,TO
APPROVE CONCEPTUAL ELEVATIONS AND A SITE PLAN FOR AN 8,080
SQUARE FOOT RETAIL BUILDING AND A 4,130 SQUARE FOOT RESTAURANT
PAD ON A 2.1 ACRE,C-3/PD ZONED DEVELOPMENT SITE,BY AMENDING
ORDINANCE NO.1184:REPEALING ANY CONFLICTING PROVISIONS:
AND PROVIDING FOR SEVERABILITY.
WHEREAS,the Mayor and City Council of the City of Apache
Junction,Arizona,on September 2,2003,passed and adopted Ordinance
No.1184,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-4-03 from CR-5 (Multiple Family Residence Zone)to C-3/PD (General
Commercial District by Planned Development)and assigning a permitted
palate of land uses;and
WHEREAS,on February 22,2005,the Apache Junction Planning and
Zoning Commission voted unanimously (6 to 0)to recommend approval of
rezoning request PZ-1-05;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 rezoning,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.
NOW,THEREFORE,BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF
THE CITY OF APACHE JUNCTION,ARIZONA THAT:
ORDINANCE NO.1230
PAGE 1 OF 4
SECTION I:IN GENERAL
The conditions of approval of Ordinance No.1184 be amended for the
purpose of approving a Major Planned Development Amendment request to
approve conceptual elevations and a site plan for an 8,080 square foot
retail building and a 4,130 square foot restaurant as described herein
and in Case file PZ-1-05 on the property legally described as follows:
The South 330 feet of the North 780 feet of the West 330 feet
of the Northwest quarter of the Southeast quarter of Section
19,Township 1 North,Range 8 East,of the Gila and Salt River
Base and Meridian:
Except the West 50 feet thereof:
Also known as Pinal County Assessor Parcel Number 101-10-168A.
The conditions of approval of Ordinance No.1184 are hereby amended and
supplemented as follows:
1.The Final Plan shall substantially comply with the
submitted site plan,and elevations as described herein
and in Case PZ-1-05.
2.In lieu of under -grounding pre-existing overhead
utility lines,the developer shall install underground
conduit to Salt River Project's specifications.
3.The south suite building shall be limited to one suite
devoted to restaurant uses.If2oonditions permit and
appropriate parking is present,the Zoning"Administrator
may allow an additional suite devoted to restaurant uses,
4.If conditions permit Od approp.riate parkfhgean be
accommodated,the Zoning Administrator may -allow a
larger restaurant building on the north pad.The
provisions of Article 20 of the Zoning Ordinance will
guide the Zoning Administrator's decision.
5.The Zoning Administrator and building official shall
have discretion in determining the ldc8tion,architectural
ORDINANCE NO.1230
PAGE 2 OF 4
features,size,and shape of the trellis and of the
restaurant upon the submittal of a building permit for
the restaurant.
6.The interior crosswalk shall be delineated by stamped
concrete,brick,cobblestone or other similar material
as approved by the Zoning -Administrator.-
The developer at a later date will have the option.Of
developing the northern pad as a restaurant or more
retail space.4_
8.All other non -conflicting conditions of Ordinance N
1184 are still in full force and effect.
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 15TH DAY OF MARCH ,2005.
SIGNED AND ATTESTED TO THIS 15TH
ORDINANCE NO.1230
PAGE 3 OF 4
DAY OF MARCH
DOUGLAS COLEMAN
Mayor
,2005.
ATTEST:
KATHLEEN CONNELLY
City Clerk
APPROVED AS TO FORM:-
c=0 °3-4-•o
RICHARD JOEL STERN
City Attorney
ORDINANCE NO.1230
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