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HomeMy WebLinkAboutORD1271ORDINANCE NO. 1271 AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AMENDING THE APACHE JUNCTION CITY CODE, VOLUME II,LAND DEVELOPMENT CODE,CHAPTER 1, ZONING ORDINANCE,ARTICLE 16,COMMERCIAL DISTRICTS,BY ADDING A NEW ZONING DISTRICT ENTITLED "CITY CENTER DISTRICT"IN SECTION 16.0700, AND BY ADDING ADDITIONAL DEFINITIONS TO THE APACHE JUNCTION CITY CODE, CHAPTER 1, ZONING ORDINANCE,ARTICLE 21,SIGNS,BILLBOARDS, NAMEPLATES AND OTHER OUTDOOR ADVERTISING,SECTION 21.03, DEFINITIONS;ADOPTING SUCH PROVISIONS BY REFERENCE; REPEALING ANY CONFLICTING PROVISIONS; AND PROVIDING FOR SEVERABILITY. WHEREAS,the City of Apache Junction Zoning Ordinance was adopted in 1985; and WHEREAS, the City Council adopted the Crossroads Redevelopment Area Plan in Resolution 98-20 on July 7, 1998 that authorized a the revitalization and improvement district in the downtown; and r. WHEREAS, the City Council adopted the Downtown Implementation Plan in Resolution 06-23 on June 6,2006 that set foth a development strategy in a primarily undeveloped part of the downtown with a timeline for improvements to be made by private developers as well as urban design guidelinesi-for the downtown; and WHEREAS, A.R.S. § 9-802 permits municipalities to enact the provisions of a code or public record theretofore in existence without setting forth such provisions in full text as long as the adopting ordinance is published in full text and at least three copies of the code or public record are filed in the office of the clerk of the municipality and are made available for public use and inspection. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AS FOLLOWS: SECTION I IN GENERAL 1. Apache Junction City Code, Volume II,Land Development Code,Chapter 1,Zoning Ordinance,Article 16,Commericial Districts,is amended by adding new Section 16.0700,City Center Zoning District (CCD),and by adding additional definitions to Apache Junction City Code, Volume II,Land ORDINANCE NO. 1271 PAGE 1 OF 3 Development Code,Chapter 1,Zoning Ordinance,Article 21, Signs, Billboards, Nameplates and Other Outdoor Advertising, Section 21.03,Definitions. 2. That certain document known as "Apache Junction City Code, Volume II,Land Development Code,Chapter 1,Zoning Ordinance,Article 16,Commericial Districts,new Section 16.0700,City Center Zoning District (CCD),and additional definitions to Apache Junction City Code, Volume II,Land Development Code,Chapter 1,Zoning Ordinance,Article 21, Signs, Billboards, Nameplates and Other Outdoor Advertising, Section 21.03,Definitions",three copies of which are on file in the office of the City Clerk, which document was made a part hereof as if fully set out in this ordinance pursuant to A.R.S. § 9-802, is adopted by reference. SECTION II REPEALING ANY CONFLICTING ORDINANCES All ordinances and parts of ordinances in conflict with the provisions of this ordinance or any part of the codes adopted herein by reference 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 codes 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. ORDINANCE NO. 1271 PAGE 2 OF 3 PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,THIS 15TH DAY OF AUGUST 2006. SIGNED AND ATTESTED TO THIS 115TH KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM: cat 8-F-06 RICHARD J. STERN City Attorney ORDINANCE NO. 1271 PAGE 3 OF 3 DAY OF AUGUST DOUGLAS GELEMAN Mayor , 2006. APACHE JUNCTION CITY CODE, VOLUME II,LAND DEVELOPMENT CODE,CHAPTER 1,ZONING ORDINANCE,ARTICLE 16, COMMERCIAL DISTRICTS,NEW SECTION 16.0700,CITY CENTER ZONING DISTRICT (CCD),AND ADDITIONAL DEFINITIONS TO APACHE JUNCTION CITY CODE, VOLUME II,LAND DEVELOPMENT CODE,CHAPTER 1,ZONING ORDINANCE,ARTICLE 21,SIGNS, BILLBOARDS, NAMEPLATES AND OTHER OUTDOOR ADVERTISING, SECTION 21.03,DEFINITIONS. Apache Junction City Code, Volume II,Land Development Code, Chapter 1,Zoning Ordinance,Article 16,Commercial Districts,is amended with a new zoning district in Section 16.0700, entitled City Center Zoning District (CCD),as follows: SECTION 16.0700 CITY CENTER ZONING DISTRICT (CCD) SECTION 16.0701 STATEMENT OF LEGISLATIVE INTENT City Center District (CCD):The CCD district fosters recreation, employment and livability in Apache Junction's city center by providing retail, offices, moderate, -.and high density residential uses, entertainment, hospitality, civic uses, and cultural exchange in a horizontally and vertically.integrated mixed -use environment that supports the public investment in infrastructure and other public facilities and services. 1.Permitted Uses ,The proposed -CCD. allows. a mix Of residential uses, including apartments, townhouses=, condominiums; and live/work units. Additionally, a wide range of retail and commercial uses are allowed, including hotels, offices, restaurants, retail sales, including specialty food markets, and services (such as barbers, beauty salons, financial institutions, and dry cleaners).All uses must be conducted within an enclosed building, except for outdoor dining. 2.Uses Allowed with a Conditional Use Permit To make sure that all uses allowed in the CCD are compatible and complementary, some uses will require a Conditional Use Permit.These uses include: the residential uses that are not permitted outright (detached single-family homes are not allowed in the CCD), hospitals, group homes, bars and nightclubs, antique stores, restaurants with liquor and/or entertainment, retail outdoor display, schools, and certain services, such as tattoo shops and vehicle -based services. 1 3.Prohibited Uses Uses prohibited in the CCD include uses such as: check cashing businesses, pawn shops, sexually -oriented businesses, adult arcades, secondhand stores, automotive- related uses, and certain temporary signs, such as banners and vehicle.signs. 4.Intensity of Use and Height Limitations Rather than use maximum lot coverage to control the size of a building constructed on a lot, the CCD uses a maximum Floor Area Ratio ("FAR").The FAR is the ratio between the gross square footage of all buildings on a lot, not including parking structures, to the gross square footage of the lot.The maximum FAR in the CCD is 3:1.For example, a building with a gross floor area of 30,000 square feet on a 10,000 square foot lot produces a FAR of 3:1. The maximum residential density in the CCD cannot exceed 50 units per acre.The City Council may grant a density waiver above the 50 units per acre on a case -by -case basis.In any waiver request, the Planning and Zoning Commission provides a recommendation to the City Council before any decision is made.These density waivers are permitted only in the CCD, and not in any other zoning district. 5.Height The maximum permitted height in the CCD is 75 feet above the existing grade.The City Council may grant a waiver to the height limitation on a case -by -case basis.The Planning and Zoning Commission provides a recommendation to the City Council before a final decision is made.As with the density waivers, a height waiver can only be granted in the CCD and not in any other zoning district. 6.Parking Standards and Shared Parking Since the CCD encourages mixed used developments, parking requirements for developments in the CCD that contain two or more uses may be satisfied with shared parking, subject to review and approval by the Zoning Administrator. 2 The shared parking requirements are calculated based on a Standard Shared Parking Model in Section 16.0712(A). The parking model assumes that a particular use will need the full amount of parking during peak times during the day. This allows other uses to share the parking areas at different peak times.For example, a nightclub has peak parking demand in the evening hours, but an office development has peak demand during the day.These uses could share parking since their peak parking requirements occur at different times.Table 1 following this section will be used in the Parking Model to determine parking use percentages needed by the hour of the day for different uses.Modifications can be made to the Parking Model, but they should be based on a professional parking analysis and management study, which is set forth in Section 16.0712(B). 7.Sign Standards The CCD provides reasonable signage for a mixed -use urban village center development.The signs are to be in scale with the intensity and size of the development.Table 2 following Section 16.0713 identifies the type of permitted . signs and sign standards, including maximum number allowed, height, and area.All permanent signs are subject to review the by the Planning Department. Because of the nature of mixed -used developments, some signs that are. permitted in,the CCD are not allowed elsewhere in the community.ForeXample,,portable sidewalk signs are permitted in CCD, but are not allowed elsewhere.However, some of the signs in the CCD are permitted elsewhere in the City, but the CCD standards maybe more restrictive. 8.Design Gui;delinds and Development Plan Review Any development occurring in the CCD shall have Design Guidelines approved by the City.Rezoning of property can take place prior to the completion of the Design Guidelines, but the rezoning should have a stipulation requiring City approval of the Guidelines prior to the issuance of building permits. 3 All developments in the CCD shall submit to the Development Services Department for approval a Preliminary Development Plan ("PDP"), which is an overall plan for developing the property.The PDP shall have a site plan, a landscaping plan, building elevations, and perspective building renderings that show the improvements that will be constructed on the property. Decisions of staff may be appealed to the. City Council. Through the use of the Design Guidelines and Development Plan Review, the City will be able to ensure the quality of development constructed in the CCD, but also ensure that all development is compatible and helps promote a pedestrian- oriented mixed -use Village Center as envisioned in the Downtown Development Implementation Plan. SECTION 16.0702 PERMITTED PRINCIPLE USES 1.Residential Use Types a. Apartments b. Townhouses c. Condominiums d. Live/Work Units 2.Civic Use Types e. Administrative services,for non-profit organizations f. Clinic (medical, dental, veterinary .(small animals, no boarding) g. Museums, Cultural exhibits and library services h. Childcare Centers, Nursery Schools, Day Care Centers, similar i. Governmental Centers j. Fire protection services k. Places of Worship - (except tents and other temporary structures or buildings not permitted) 1. Post Office facilities m. Open space, parks, similar uses 3.Commercial Use Types n. Brewery, ancillary to a Bar o. Clubs - (Lodge or similar organization) p. Convenience Store (excluding gas/fuel sales and drive- through or drive-in) q. Theater or similar use (excluding outdoor drive-in) r. Fitness Centers (health club, fitness studio, dance studio) s. Hotels & Motels (excluding adult businesses) 4 t.Hotel/Condo (Condo Hotels are subject to the FAR limitations of this zoning district, however are not subject to density calculations of this zoning district) u. Offices and Office Condo v. Parking Structures - w. Restaurants, including outdoor dining (without liquor license), excludes drive-in or drive -through) x. Retail Sales, including specialty food markets y. Schools (Instructional & Public) z. Services: i. Apparel repair and alteration ii. Barber/beauty salon iii.Financial Institutions (without drive through) iv.Personal or business (e.g. drycleaner, small appliance repair, licensed massage therapist) v.Photography Studios, except adult -oriented businesses) vi. Tutoring/After school learning center 4) Uses similar to those listed in subsections 1 through 3 shall be permitted upon determination by the Zoning Administrator that such use is of the same general character as at least one of those uses listed. 5)All uses above must be conducted within an enclosed building, except outdoor dining when ancillary to a permitted restaurant use. SECTION 16.0703 PERMITTED ACCESSORY USES Uses and structure customarily incidental to permitted uses. SECTION 16.0704 USES SUBJECT TO A CONDITIONAL USE PERMIT 1)Residential Use Types a. All residential uses not shown as permitted, except detached single-family residences which are • prohibited. b. Group Homes 2)Civic Use Types c. Heliport d. Hospitals, Sanitariums, Nursing Homes: e.g. Orphanages, Institutions e. Municipal Facilities (maintenance, repair and storage) 5 3)Commercial Use Types f. Bar (indoor or outdoor) tavern or nightclub g. Communication and transmission facilities h. Construction Offices and Sheds, Appurtenant Signs and Storage; temporary/incidental to a construction project only for the duration of such project, not to exceed 24 months i. Entertainment i. Amusement businesses ii. Arcades iii. Outdoor (permanent use) j. Parking Facilities (surface) k. Antique stores 1. Restaurants with liquor and or entertainment m. Retail outdoor display n. Schools, Charter Private and Vocational o. Services i. Tattoo shops, body piercing ii. Vehicle based services (e.g. courier, delivery service, taxi dispatch iii. With drive though (e.g. dry cleaner) p. Warehouse Commercial q. Wireless Telecommunications Facilities 6 SECTION 16.0705 PROHIBITED USES The following uses shall be prohibited. 1.Check Cashing Businesses 2.Pawn Shops 3.Sexually -oriented businesses 4.Social Servicb uses, such as: a. Plasma Centers b. Charity Dining services c. Homeless shelters d. Day labor hiring centers e. Substance abuse detoxification and treatment centers f. Rescue missions g. Social service uses similar to those listed above 5.Halfway Houses 6.Adult Arcades 7.Freestanding Communication Towers 8.Secondhand stores 9.Automotive related uses 10. Signs a. Banners and non -rigid signs b. Pennants c. Flags, except flags of any nation, state, county, city or other political unit d. Vehicle signs e. Temporary signs SECTION 16.0706 STORAGE All storage shall be within an enclosed building, unless otherwise noted. SECTION 16,0707 INTENSITY OF USE Maximum FAR for all buildings contained on one lot shall not exceed three (3:1).Floor Area Ratio ("FAR") is defined as the ratio between the gross square footage of all buildings (excluding parking structures) located on a lot to the gross square footage of the lot, including rights -of -way being dedicated with the development of the lot.(Example: a building with a gross floor area of 30,000 square feet located on a 10,000 square foot lot produces a FAR of 3:1) 7 Maximum Residential Density shall not exceed fifty (50) units per acre.Residential density for both vertically and horizontally integrated mixed -use developments shall be calculated using the square footage of the entire mixed -use lot including right-of- ways to be dedicated as part of the development of the lot, subject to the maximum FAR limitation.City Council may grant density waivers above fifty (50) units per acre, on a case by case basis. The Planning and Zoning Commission will serve as a recommendation body to the City Council.Two public hearings, one before the Planning & Zoning Commission (recommendation) and one before the City Council (final action) are required for approval of a density waiver.Density waivers are unique to this CCD zoning district and are not allowed in any other base zoning district. SECTION 16.0708 SITE COVERAGE Maximum lot coverage is not applicable to this zoning district, but is subject to the maximum FAR limitation of Section 16.0707. SECTION 16.0709 HEIGHT Maximum permitted building height shall not exceed seventy-five feet (75') above existing grade. City Council may grant height waivers above seventy-five feet (75'), on a case by case basis. The Planning and Zoning Commission will serve as a recommendation body to the City Council.Two public 'hearings, one before the Planning & Zoning Commission (recommendation) and one before the City Council (final action) are required for approval of a height waiver.Height waivers are unique to this CCD zoning district and are not allowed in any other base zoning district. SECTION 16.0710 SETBACKS The following minimum:setbacks shall be required: 1.Front Yard a. Building Wall 0 feet b. Surface Parking 20 feet 2.Side Yard a. Building Wall 0 feet b. Common Wall 0 feet 3.Rear Yard a. Building Wall 0 feet 4.Street Side Yard a. Building Wall 0 feet b. Surface Parking 20 feet All setback requirements are subject to applicable building code separation requirements. 8 SECTION 16.0711 OFF STREET PARKING AND LOADING Off-street parking and loading facilities shall be provided as required in Article 20 Parking, Loading and Interior or Private Street Standards, except as follows: 1. Loading spaces abutting a residential zoning district that are enclosed by a solid fence or wall must have a minimum fence or wall height of (6') and a maximum fence or wall height of (8').as may be modified by the use of Shared Parking for mixed -use development as outlined in Section 16.0712 below. 2. The Zoning Administrator may reduce the number of off- street loading spaces.The property owner or designee requesting a reduction pursuant to Section 20.0104 shall provide satisfactory evidence in support of the request to the Zoning Administrator such as a small site/infill site with limited square footage available, a provision of shared parking with an adjoining property, design constraints, or other reasonable limitation. 3. Possible modification by the use of Shared Parking for mixed -use developments as outlined in Section 16.0712 below. SECTION 16.0712 SHARED PARKING Parking requirements for development projects that contain two (2) or more uses may be satisfied with shared parking. Shared parking may be approved only when the subject uses have inherent differences in parking activity patterns, the combined parking requirement will not exceed the available parking supply, and the right of joint use of a parking facility is evidenced by a contract establishing joint use. Shared parking shall be subject to review and approval by the Zoning Administrator, or his or her designee, and shall conform to the following standards: 9 1.Location.Parking shall be provided on the same or a contiguous lot. Parking may ,be provided off -site with professional analysis that the proximity of the parking is acceptable.In cases where, parking for a project is to be provided on more than one .(1), lot,a parking association shall,be_fprmed by theowners of the affected parcels prior .to issuance of a -building permit. Documentation of the association shall be provided to the Zoning Administrator, or his or her designee, prior to issuance of the building permit. 2.Shared Parking Model.The Shared Parking Model (see Section 16.0711(A)) shall be used as a basis for predicting the parking required for a particular mix of uses on a site, except where the Zoning Administrator,or his or her designee, has approved the use of a customized parking model. 3.Shared Parking Report.When using a customized parking model. the applicant's calculation of shared parking requirements shall be based on a professional parking analysis and management plan (see Section 16.0711(B) for Parking Analysis and Management Study definitions) that is submitted with the development plan and/or land use proposal. 4.Implementation-The owner or manager of a project approved under the parking demand alternative, either standard model or custom model, once built, shall maintain an accurate up-to-date record of the usage of the net floor area for the project, both occupied and vacant, according to type of use.The Zoning Administrator, or his or her designee, may require this record be provided when the owner applies for a new land use or development approval for the subject parcel. 5.Parking Affidavit.When shared parking is permitted, the owner of the site on which the shared parking is located shall file a parking affidavit with the Zoning Administrator. The parking affidavit shall transfer the rights to the unqualified availability of a specific number of parking spaces from one property (which can no longer take credit for them) to another for the specific hours of use supported by the parking analysis, as long as the spaces are required by this Code. 10 6.Street Parking Calculation.On -street Parking located directly adjacent to the shared parking development site may be considered when calculating the parking provided and required by the standard shared parking model or custom parking model. 7.Tandem Parking.Tandem parking spaces, two cars occupying one extra deep parking space (9'X 36' minimum), may be used and calculated as two spaces for residential parking only, where both spaces will be designated for a single household or controlled by a parking attendant. SECTION 16.0712(A) STANDARD SHARED PARKING MODEL The City of Apache Junction Standard Shared Parking Model can be used as a basis for predicting the Parking Demand for a particular mix of uses on a site.The standard model assumes that every separate use will actually need the full amount of parking that is called for by the ratios in the CCD (called the "peak" period for the use) during the day.For example, some uses (like nightclubs) peak in the evening; others (like offices) peak during the day.Where different uses need parking at different times of the day, thei fsan.,opportunity for them to share parking.This means that the total number of parking spaces needed to serve a "mixed -use" site (the "Parking Demand") may be significantly less thap;thenumber of parking spaces that would have to be built if each of'the uses had to provide parking on its own (the "Parking Required by this Code"). The Standard Shared-Parking Model _As a tool for estimating the Parking Demand of aspe'cifit miXofuse-s.It is called "standard" because each of the demand -curves represents the parking needed for an average, typical use, based on studies and observations.The "demand curves" are represented in the following table showing the percent of the Code requirement for such uses, by hour of day.' . ' 11 These curves can be adapted, by use of a custom model, to fit the specific needs of a major tenant on site.The advantage of doing this is that the custom model will be more accurate in predicting that tenant's share of the parking throughout the day.The disadvantage is that the custom model may not work as well if that tenant is replaced by an average, .typical user in the future.In addition, to changing the aurves, one might also consider .the impact of transit availability,(reliable mass transit serving the site), trip reductioaiprograms (van and carpooling, etc.). and taptive effects (where users serve patrons who are already on site), as well as any users who might need more parking than the Code ratios require.Any modifications to the standard model made in the custom -,should be based on a professional parking analysis and management study, as described in Section 16.0712(B). The Standard Shared Parking Model may be used to calculate the shared parking needs for a CCD development project.In addition to calculating the joint use requirements for a proposed development, the Shared Parking Model also calculates the reserved parking requirements for such standard uses as office, restaurant, retail and owner -occupied residential uses. 12 Shared Parking Percentage Table _ .STANDARD SHARED PARKING MODEL TABLE 1- USE PERCENTAGES I I 1 f 1 r t , PERCENT OF PEAK PARKING NEEDED BY HOUR OF DAY USE 7 AM 8 AM ' 9 -AM 10 AM 11 AM 12 7M 1 PM 2 PM 3 PM 4 PM. 5 PM 6 PM 7 PM 8 PM 9 PM 10 PM 11 PM 12 AM ARCADE ;1 BANK BAR/NIGHTCLUB j BILLIARDS / POOL BOWLING ALLEY -I- CONFERENCE 1_ CLASSROOMS CL /O E . DAY CARE 1 HEALTH CLUB/SPA i !HOSPITAL SHARED 0% 0% 10% 0% 0% 0% 0% 50% 0% 20% 10% 25% 5% 10% 25% 5% 15% 50% 5% 40% 60% 20% 30% 60% 20% 10% 50% 20% 10% 40% 25% 40% 30% 30% 60% 20% 35% 80% 20% 40% 100% 5% 50% 100% 5% 70% 100% 5% 100% 50% 5% 100% 20% 0% 100% 10% 0% 100%0% 0% 0% 50% 5% 15% 100% 15% 20% 100% 100% 10% 30% 35% 100% 25% 20% 100% 95% 10% 30% 40% 90% 100% 90% 100% 100% 70% 100% 70% 90% 100% 30% 25%25%25%25%30%40%60%100%100%100%100%_50%50% 35% 100% 70% 20% 50% 40% 50% 100% 100% 80% 100% 70% 100% 30% 100% 95% 20% 25% 40% 30% 100% 100% 80% 100% 70% 100% 35% 100% 95% 10% 25% 35% 40% 100% 50% 15% 25% 35% 40% 100% 50% 25% 80% 50% 50%100%100%100%70% 100% 80% 40% 50% 50% 10% 0% 30% 5% 0% 15% 100% 20% 100% 70% 100% 80% 70% 10% 100% 80% 90% 0% 100%100% 0% 60% 60% 0%2%40%50%100% 0% 100% 0% 100% 0% 100% 0% 10% 25% 0% 0% 100% 60% 80% 45% 95%25% 60%80%100%0%60% 60%20% 40% 30% 20%_0%__ 10% 30% 10% 0%50%30% 100% 700% 100% 100% 60% 100% 30%30%40%80%100% 80% 90% 15% 100% 60% 90% 15% 10% 100% 100% 100% 80% 100% HOSPITAL RESERVED MUSEUMj 60% _10% 25% 80% 20% 90% 40% 100% 70% 100% 100% 50% 50% 50% 70% 100% 20% 100% 95% 100% 100% 60% 100% 90% 90% 80% 100% 60% 100% 60% 80% 100% 80%80%50% 60% 5% 5% 100% 100% 100% 60% 100% 80% 50% 80% 25% ___ OFFICE SHARED I OFFICE RESERVED I1 RESTAURANT SHARED RESTAURANT / RESERVED . 75%90%0%0% 50% 10% 0% 75% 10% 0% 100% 35% 20% 100% 75% 100% 75% 25% 90% 100% 90% 10% 100% 100% 100% 5% 90% 100% 70% 70% 5% 50% 50% PATIOJoutdoor dining & drinkingl 10% 10% 10% 20% 35% 40% 100% 70% 100% 100% 70% 100% 100% 60% 95% 100% 70% 60% 90% 100% 70% 90% 30% 100% 70% 15% 50% 50% 0% 0% _ RETAIL SHARED RETAIL RESERVED 80% 100% 80% 100% 80% 100%10%100% THEATER'i 0%0%0%70%70%70%60%90%100%100%100%50%20%10% RESIDENTIAL USES 1 I 1 1 1 i 1 STUDENT HOUSING BED & BREAKFAST HOTEL/MOTEL HOTEL/MOTEL NON -ROOM AREAS HOTEL/MOTEL RESERVED SHARED RESIDENTIAL RESERVED RESIDENTIAL 90% 100% 85% 80% 100% 65% 75% 100% 80% 100% 75% 50% 55% 90%_ 100% 75% 100% 70% 20% 45% 100% 100% 70% 100% 60% 10% 35% 100% 100% 60% 100% 60% 10% 30% 80% 100% 60% 100% 60% 10% 30% _80% 100% 60% 100% 60% 10% 35% 100% 100% 60% 100% 60% 15% 35% 100% 100% 60% 100% 65% 25% 45% 80% 100% 65% 100% 80% 50% 60% 50%_. 100% 80% 100% 85% 60% 75% 25.$ 100% 85% 100% 95% 80% 90% 15% 80% 95% 100% 100% 90% 100% 15% 60% 100% 100% 100% 100% 100% 5% 40% 100% 100% 100% 100% 100% 0% 20% 100% 100% 100% 100% 1001 0%. 0% 100% 100% 100% 100% 100% 0% .. 0% 100% 100% 25% .. 100% 90% 100% 13 SECTION 16.0712(B) PARKING ANALYSIS AND MANAGEMENT STUDY Section 16.0712(A) refers to submittal of a professional parking analysis and management study where an applicant's parking is based on the predicted demand as calculated by a custom shared parking model, rather than on the amount required by Code or the Standard Shared Parking Model.A more detailed description of the elements in a Parking Analysis and Management Study is set forth below, in a format that could be adapted as needed for each site: Definitions: "analysis"means a review of. the existing and proposed parking conditions on site, including: (a) A brief history of the phases of site development, with details of City approvals of variances, use permits, etc. (b) An overview of any parking problems that currently exist on the site, based on personal interviews with tenants, managers and Owners, and on direct observations and counts by the preparer. (0 A comparison, of. the parking required by Code or the Standard SharedParking Model with the parking provided both for current and proposed uses onsite. (d) An estimate, of the parking demand for the site, along with the methodology (e) (tables, graphs, assumptions, etc.) supporting that estimate. (f) A discussion of the probable scenarios and problems that will need to be addressed if the parking is provided in relation to demand, as proposed. (g)Any special conditions to protect the public interest recommended by the preparer if the project is approved as proposed. 1.4 "management"means a summary of all implementation strategies needed to .deal with the anticipated problems mentioned in (e) above, promoting any or all of the following, for example: (a)Ride sharing (incentives for carpools, vanpooling, and set up programs to encourage high occupancy vehicles through specific incentives and policies, etc.)„ (b)Transit uses (utilize flexible subsidies and fringe benefits; locate transit stops strategically, etc. (c)Alternative styles of transportation encourage bicycles, motorcycles, walking, consider market rates for employee parking, promote off-peak trips, etc. (d)Convenient pedestrian circulation on -site (quality designs of walkways, consider trams, create parking zones, cluster uses sharing customers, etc. (e)Efficient uses of parking (supply a mix of short-term and long-term parking, cluster uses sharing parking, minimize reserved spaces, consider permits, etc. (f)Effective management (assign administrative responsibility for program to one person, section or company, achieve consistency in policy and enforcement, undertake periodic monitoring, file update reports with City, review impact of new tenants, etc.). (g)Accommodation and location for disabled parking to provide ease of access to uses on site. "professional"means the study shall be prepared by a Professional Engineer or other planning or design professional who has extensive experience with traffic and parking issues in private mixed -use urban development.The preparer's qualifications should be briefly described in the study. 15 SECTION 16.0713 SIGN STANDARDS A. The purpose of this Section is to provide reasonable signage for purposes of identification of buildings, developments, and individual occupancies that are compatible with the associated land uses.It is the intent of this Section that attached and detached signs are permitted in scale with the intensity of the land use and the size of the development. B. Table 2 sets forth the maximum number of signs, height, area, and type permitted in the City Center Zoning District. C. All permanent signs are subject to review by the Planning Division based on the quality, compatibility, permanency, design, or the overcrowding of signs by a tenant or property owner.The applicant has the right to apply for a Sign Conditional Use Permit for any sign permit denied for reasons other than the failure to meet the standards under this Section. 16 'SIGN TYPE Building Name Number Permitted TABLE 2 CCD ZONING DISTRICT SIGN STANDARDS STANDARDS 1 per street and per alley frontage Area Street Frontag 1 sq. ft. per linear ft. of frontage to a max. =50 sq. ft. Area Alley Frontage 4 sq.ft. per linear ft. of frontage to a max.=25 sq.ft.. Sign Length Maximum 50% of frontage Height No higher than 4' below the top of the building's parapet, or 25' from grade, whichpyer is less Type of Sign Wall Mounted' Footnotes a,l,f,g,i,j Multi -Occupant Number Permitted 1 per street and per alley frontage Area Street Frontag 1 sq. ft. per individual suite frontage to a max.=30 sq. ft. Area Alley Frontage 4 sq.ft. per individual suite frontage to a max.=15 sq.ft. Sign Length Maximum 50% of frontage Height No higher than 4' below the top of the building's parapet, or 25' from grade, whichever is less Wall MountedType of Sign Footnotes Single Occupancy Number Permitted Area Street Frontag Area Alley Frontage Sign Length Height Type of Sign Footnotes Awning Number Permitted Area Street Frontag Area Alley Frontage Sign Length Height a,l,f,g,j, 1 per street and per alley frontage 1 sq. ft. per linear foot of frontage to a max.=40 sq. ft. sq.ft. per linear ft. of frontage to a max.=20 sq.ft. Maximum 50% of frontage No higher than 4' below the top of the building's parapet, or 25' from grade, whichever is less Wall Mounted a,l,f,g,j 1 per street and per alley frontage 1 sq. ft. per linear foot of awning sq.ft. per linear foot of awning Maximum 50% of awning Sign on valance of awning only. Awning shall be no closer than 2 ft. from face of curb and shall not project more than 10 ft. from face of building. Awning support must be at least 8 ft. above sidewalk; the bottom edge of the loose valance must 17 Type of Sign Footnotes be at least 8' above sidewalk. The City Engineer must review and approve location of the awning in relation to traffic signals, street signs. Awning c,I Hanging (Parallel to Street) Number Permitted 1 per street and per alley frontage Area Street Frontage 10 sq. ft. Area Alley Frontage N/A Sign Length 10' Height No higher than ceiling of the canopy, and no lower than 7' from grade Type of Sign Hanging Sign Footnotes Hanging (Perpendicular to Building) Number Permitted 1 per street and per alley frontage Area Street Frontage 6 sq. ft. Area Alley Frontage N/A Sign Length 6' Height No higher than ceiling of the canopy, and no lower than 7' from grade Type of Sign Hanging Sign Footnotes Projecting Number Permitted ,1 per street and per alley frontage,Area Street Frontage 1 sq. ft. per linear ft. of frontage to a max.= 24 sq. ft. Area Alley Frontage sq.ft. per linear ft. of frontage to a max.=12 sq. ft. Sign Length .Not more than 4' from face of building Height '8 ft. above pedestrian sidewalk or 14' above vehicular drive Type of Sign Projecting Footnotes d,e.,.f,g,k •. Window Number Permitted 1 Area Street Frontage Maximum of 30% of window coverage Area Alley Frontage N/A Sign Length N/A Height N/A Type of Sign Window Footnotes h, p Menu Number Permitted 1 Area Street Frontage 4 sq. ft. Area Alley Frontage N/A 18 Sign Length Height Type of Sign Footnotes 'Monument Number Permitted Area Street Frontage Area Alley Frontage ,Sign Length ' •Height ' Type of Sign 'Foothotes- POrtabie Number Permitted Area Street Frontage Area Alley Frontage Sign Length Height Type of Sign Footnotes N/A N/A Wall Mounted 1 per street frontage 1 sq.ft. of the total area per linear ft. of frontage max 32 sq. ft.. N/A . N/A 5 ft: Monument • f, m, n 1 7 sq. ft. N/A N/A .3.5 ft. Portable Grand Opening Signs Permitted for 30 days SIGNAGE FOOTNOTES: (a) Can be Internally illuminated. (b) Cannot be illuminated. (c) Can be externally illuminated only. (d)Mounted at 90 0 * angle and are separated from any other projecting sign by a distance of not less than 12'. (e) A Projecting Sign is permitted in lieu of a wall -mounted sign. A Projecting Sign cannot be placed on the Colonnade. (f) These Wall Mounted Signs must use individual letters without a raceway. Cabinet signs are not permitted. (g) Neon Signs are permitted subject to design review approval by the Planning Director. Neon Signs shall be permitted provided that the neon is compatible and harmonious with the primary color(s),style,and architecture of the building or development; (h) Window Signs shall only be allowed on the ground floor of the building. (i) Awning Signs shall only be allowed on the ground floor of the building. (j) A Wall -Mounted Sign is allowed on a colonnade in lieu of a wall -mounted sign on the building. (k)Projecting Signs shall only be used for the ground floor businesses. 19 (1)A Comprehensive Sign Permit shall be required for signage on upper level stories of buildings exceeding 2 stories. (m) Reader Panel Signs: 1.Churches may use up to one-half (1 /2 )of the allowed monument sign area -for a reader panel. 2. Theaters: a.One (1)wall,fascia, mansard,or parapet sign may contain a reader panel. b. The area of the reader panel shall not exceed seventy- five (75) square feet or the maximum wall sign area othetwise arlowed, whichever is less. c.The reader panel shall be used exclusively for the purpose of identifying entertainment, motion pictures, or special events which occur on the premises. (n) Monument sign - in 'addition to a wall mounted sign, monument signs are permitted for'a"business located in the CCD subject to the following: 1. The abstract ratio of width to height cannot exceed 2:1. 2.The business is located on either Old West Highway, Highway 88, or Superstition Blvd. (o) Portable Signs -in addition to a wall mounted sign, portable signs for a business located within the CCD are permitted subject to the following annual conditions: 1. A business owner who desires to utilize a portable sign within the CCD shall be required annually to apply for and obtain an administrative use permit (the "use permit") from the City of Apache Junction Planning Director. The cost of the'use permit shall be twenty-five dollars ($25.00) per year and Shall be valid for one (1)year from the date of issue. As part of the application process,the Planning Director shall designate to the business owner the approved location for the placement of the portable sign within the CCD. 2. A business owner shall apply to the Planning Director for renewal of the use permit within thirty (30) days of the expiration date of the current use permit. The Planning Director shall renew the use permit provided that, on the date of application, the business owner is in compliance with all provisions of the City's Sign Code pertaining to portable signs and further provided that, on the date of application, the use of portable signs within the CCD is still an allowed use under the then existing city sign code. 20 3. A portable sign may be located on private property or within the public right-of-way,provided they do not interfere with pedestrian movement or wheelchair access to, through and around the site or obstruct ADA access. A minimum access width of five (5) feet shall be maintained along all sidewalks and building entrances accessible to the public.If a portable sign is located within the public right of way, the business owner shall be required to obtain an encroachment permit from the City Engineer. 4. A portable sign shall not encroach into required off- street parking areas, and may not be arranged so as to create site distance conflicts or other traffic hazards. 5. A portable sign shall be utilized only during the regular hours of operation of the business or special event, and shall be removed during non -business hours. 6.A portable sign shall be professionally made and constructed of durable, weather -resistant materials such as aluminum, plastic, or wood finished surfaces and shall be maintained in good condition throughout the term of the use permit. 7. At the time of application, and for any renewals, a use permit -.application for a portable sign shall require submission of a Certificate of Insurance which complies with the following criteria: a. Public liability insurance in an amount not less than $1,000,000,00 for injuries to each person, and in an amount not less than $1,000,000.00 for any one occurrence, $2,,000,000,00, aggregate. b. Property damage insurance in an amount not less than $1,000,,000AO. for- damage to the property of each person on account of anyone Occurrence, $2,000,000.00 aggregate. c. Said policies shall name. the City of Apache Junction as -additional insured.and shall constitute primary insurance for' the City,its officers,agents and employees, so that any other policies held by the City shall not contribute to any loss under this insurance. d.Policies shall provide for thirty (30)days prior written notice to the City of cancellation or material changes. 8. The height of the sign shall be measured from the sidewalk grade to the top of the sign when it is erect. 21 SECTION 16.0714 DESIGN GUIDELINES All uses and development within the CCD District shall comply with Design Guidelines approved by the city of 'Apache Junction. SECTION 16.0715 DEVELOPMENT PLAN REVIEW A Preliminary Development Plan,which is an overall plan for developing property within the CCD District, shall be submitted to the .Development . Services .,,Department for approval for any development within the CCD'DistriCt. The Preliminary Development Plan shall contain a site plan, a landscaping plan, and elevations, showing generally the improvements on the property as they will be constructed on the property.The. Preliminary Development Plan shall also contain persPective:-renderings reflecting the design concept. Decisions of staff may be appealed to City Council. 22 Apache Junction City Code Volume II,Land Development Code,Chapter 1,Zoning Ordinance,Article 21,Signs, Billboards, Nameplates and Other Outdoor Advertising,Section 21.03,Definitions,is amended to include the following additional definitions: AWNING SIGN shall mean a sign placed on,affixed to,or incorporated into the surface of an awning,canopy,or similar device. CABINET SIGN shall mean a sign that contains all the text and/or logo symbols within a single enclosed case. HANGING SIGN shall mean a sign suspended from, and located entirely under a covered porch, covered walkway, or an awning. HEIGHT shall mean the vertical distance to the top of a sign, excluding embellishment, measured from the nearest curb, sidewalk, or street grade. MENU SIGN shall mean a sign used to inform the public of the list of entrees,dishes,foods,and entertainment available n a restaurant. MENU BOARD shall mean a permanently mounted sign displaying the bill of fare for a drive-thru restaurant. MONUMENT SIGN shall mean a detached sign mounted on or incorporated into a solid base, and shall be a self-supporting structure. MULTI-OCCUPANT .SIGN-shall mean .a sign that includes as copy only the names of two (2)or more businesses, places,organizations, buildings, or person it identifies. 23 SIGN AREA shall mean the area of a sign is the entire area within a single continuous perimeter composed of parallelograms, circles, ellipses, trapezoids and triangles, or a combination of two (2) of the above or regular portions thereof per sign panel which encloses the extreme limits of the advertising message,announcement, declaration,demonstration,display,illustration,insignia, surface or space of a similar nature, together with any frame or other material, color, or condition which forms an integral part of the display and is used to differentiate such sign from the wall or background against which it is placed.Where a sign has two (2) faces, the area of both faces shall be included in determining the area of the sign, except that only one face of a double faced sign shall be considered in determining the sign area, provided both faces are parallel and the distance between the faces does not exceed two (2) feet.Where a sign has three (3) or four (4) faces, the area of the sign shall be calculated as 50% of the total area of all faces, provided the interior angle between adjacent faces is 90 degrees or less.Where statuary, either genuine or simulated, is used as a sign, the area of said sign shall be the three (3) vertical sides of the smallest right rectangle enclosing the figure that are most visible from the public right-of-way. WINDOW SIGN shall mean any sign placed on, affixed to, painted on or located within the casement or sill area of a window. WINDOW SIGN AREA the window sign area shall be computed by calculating each window pane or panel.. A group of window panes or panels may be considered one window.if they are adjoining or are not separated by-mOre . than -six (6)inches.The area shall be separate for each building face and for each window.For purposes of this definition, the building faced shall include any doors or walls with varying wall planes. • 24