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HomeMy WebLinkAboutORD1303ORDINANCE NO. 1303 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-11-07, A REQUEST BY PINAL GROUP, LLC, REPRESENTED BY GREG LOPER, FROM CB -2 (GENERAL BUSINESS ZONE) TO C-4/PD (HEAVY COMMERCIAL DISTRICT BY PLANNED DEVELOPMENT); REPEALING ANY CONFLICTING PROVISIONS; AND PROVIDING FOR SEVERABILITY. WHEREAS, on June 26, 2007 the Apache Junction Planning and Zoning Commission voted unanimously (6-0) to recommend approval of rezoning request PZ-11-07; and WHEREAS, the Council hereby determines that the proposed rezoning conforms to all of the general criteria as specified in Section 16.0600 C-4 Heavy Commercial District and Section 19.0109 of the Zoning Ordinance, including compliance with the General Plan, integration with the surrounding neighborhood, adequate traffic accom- modation, adequate public facilities, extension of infra- structure, and that the design and uses should result in enhancements to the social, built, and natural environments in the City. NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF APACHE JUNCTION, ARIZONA, AS FOLLOWS: 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: That part of the Southeast quarter 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, 'more Particularly described as follows: ORDINANCE NO. 1303 PAGE 1 OF 8 Commencing at the Southeast corner of said Southeast quarter, being marked with a General Land Office brass cap and from which point the Northeast corner of said Northeast quarter (also marked with a General Land Office brass cap) bears North 00 Degrees 00 Minutes 56 Seconds West, 2641.69 feet distant therefrobm; Thence South 89 Degrees 51 Minutes 33 Seconds West, 1321.28 feet, along the South line of said Southeast quarter, to the Southwest corner thereof, also being the Point of Beginning; Thence North 35 Degrees 04 Minutes 49 Seconds East, 1262.04 feet, along the Easterly line of the parcel of Land as described in the Special Warranty Deed recorded at Fee No. 1996-036409, records of said Pinal County; Thence North 54 Degrees 55 Minutes 11 Seconds West, 275.50 feet, al:ongthe Northeasterly line of said Deed, also being the Southwesterly right-of-way line of Old West Highway (formerly known as U.S.-Highway 60); Thence South 35 Degrees 04 Minutes 49 Seconds West, 870.31 feet, to a point on the -West line of said Southeast quarter; Thence South 00 Degrees 02 Minutes 15 Seconds East, 478.91 feet, along said West line to the Point of Beginning; Except any portion thereof lying within the parcel of land conveyed in Docket 1751, Page 945, Pinal County Records. be and hereby is amended from CB -2 (General Business Zone) to C-4/PD (Heavy Commercial District by Planned Development), subject to the following conditions of approval: 1) The Brown Motor Sports business shall be developed in accordance with the submitted Planned Development ORDINANCE NO. 1303 PAGE 2 OF 8 narrative booklet, conceptual site plan and elevations, except as otherwise conditioned herein. 2) Long building facades shall be enhanced with additional architectural detailing such as faux columns and/or windows, protruding vigas, decorative trim, pop -outs, or other architectural features. 3) The design of all buildings, landscaping and buffer walls shall be in compliance with all applicable City of Apache Junction codes and development guides including but not limited to, Zoning Ordinance Section 16.0600 Heavy Commercial District and Article 19 Planned Development regulations, the Landscaping and Screening Requirements, Design Guidelines, Engineering Guidelines, Building and Fire codes. 4) The westerly and southerly property boundary of the trailer business shall be enclosed with a 6 -foot masonry wall and a 10 -foot wide landscape strip (design and materials to be approved by Staff).The east boundary of the trailer business may be enclosed with a temporary 6 -foot chain link fence, for a time period not to exceed two years from the effective date of the rezoning or until such time as development occurs on the adjacent parcel, whichever occurs first. The required permanent fence on the east side of the trailer business (exclusive of common driveways) shall match the rest of the fence at the time of construction.If during the 2 -year time period for the temporary fence a building permit for development on the property to the east is not issued, the property owner may request in writing,•a one-time, one year time extension for the temporary fence. 5) The development of Parcel B2 (as depicted by PZ-11-07 Exhibit #1) shall be subject to the same development requirements as those listed herein for Parcel Bl. 6) Development on Parcel B2 shall be limited to the following palette of uses: ORDINANCE NO. 1303 PAGE 3 OF 8 PERMITTED PRINCIPLE USES FOR PINAL GROUP LLC PROPERTY: Civic Use Types •Administrative services for nonprofit organizations •Clinic services (no ambulance services) •Cultural exhibits and library services •Day care/schools: trade and vocational schools •Fire protection services •Group care facility for more than ten people •Lodge, fraternal, and civic assembly (sales of alcoholic beverages permitted) •Postal services •Religious assembly •Schools (including music and dance studios) Commercial Use Types •Administrative and professional services; business support services, including mimeographing and duplicating •Animal sales and services; veterinary kennel (domestic pets only) •Automotive, light equipment and heavy equipment sales and rentals, including motorcycles, all terrain vehicles, recreational vehicles and boats; .cleaning, repair, service and storage is permitted (shall be screened from view by an 8 -foot high masonry wall; unscreened display of inventory for sale or rental is permitted •Construction sales and services •Convenience sales •Eating, drinking, and entertainment establishments (sales of alcoholic beverages permitted; drive -up or drive -through facilities are excluded) •Financial services •Gasoline dispensing stations, provided the following criteria are complied with: Has at least one (1) street frontage having a minimum width of 150 feet; any pump island or canopy ORDINANCE NO. 1303 PAGE 4 OF 8 shall be located at least thirty feet (30') from any property line; outside display, either:permanent or temporary, of tires, oil, and other auxiliary or accessory items for sale shall be permitted only if located on the pump island or at least forty feet (40') from the street property line; and no more than one (1) display rack for each type of item is permitted. •Insurance and real estate services •Liquor stores (drive -up or drive -through facilities are excluded) •Manufactured home and modular home sales (unscreened display of inventory is permitted) •Medical services •Mini -warehouses and mini -storage facilities, provided that only storage is permitted and no retailing is permitted from these facilities •Office: business, professional, or semi- professional •Participant and spectator sports: indoor •Personal services, general: -Arts or crafts: instruction or studio, excluding on -site welding or kiln -Barber or beauty shop -Catering service -Clothes cleaning agencies and laundromats, excluding industrial cleaning and dyeing -Custom dressmaking, millinery, hemstitching, or pleating -Custom weaving or mending' -Dog grooming -Fitness studio or health club -Photo finishing: may include incidental retail sale of photographic supplies -Taxicab stand -Television, radio, appliance or electronics repair •Printing, blueprinting and engraving •Radio and television stations (excluding transmission towers) •Repairs, services, consumer products •Retail sales: ORDINANCE NO. 1303 PAGE 5 OF 8 -Agricultural/horticultural sales and services -Antique store -Apparel or clothing store -Art, needlework, or handweaving establishment -Bakery -Bicycle shop -Book, newspaper, magazine, stationery, art or drawing supply store -Cafe, lunchroom -Dealer in coins, stamps, sports cards or similar collector's items -Delicatessen store including the preparation and serving of food items -Department or variety store -Drug store, with or without drive -through pharmacy -Dry goods or notions store -Electrical appliance store -Florist shop -Furniture store -Gift, curio, pottery, novelty, toy or hobby shop (excluding adult uses) -Grocery, fruit or vegetable store -Hardware store, with or without a garden center or nursery -Jewelry store or jewelry and watch repair -Leather goods store -Meat, fish, or dressed poultry market; provided no live animals, fish, or fowl are kept on the premises (mollusks and crustaceans are allowed) -Nurseries (outdoor display permitted) -Photographic studio or photographic supply store -Shoe store or shoe repair shop -Sporting goods, hunting and fishing equipment store -Supermarket •Transient habitation: hotels, motels •Wholesale, storage, and distribution: wholesale sales of products permitted for retail sales on the premises; direct retail sales are allowed only as an incidental use.. ORDINANCE NO. 1303 PAGE 6 OF 8 Residential Use Types •Caretaker's residence (conventional construction only) Industrial Use Types •Automotive and equipment (light or heavy): body or paint shop •Blacksmith or welding shop •Boatbuilding and repair •Cabinet shop •Electronic components assembly •Instrument manufacturing •Machine shop •Pottery manufacturing •Sheet metal shop •Sign shop •Upholstery shop Uses similar to those listed above shall be permitted upon determination by the Zoning Administrator that such use is of the same general character as at least one of those listed. Uses Subject to a Conditional Use Permit •Automotive and equipment: sales/rentals of farm equipment. •Construction sales and services (outdoor storage of materials). •Participant and spectator sports, recreation and entertainment; outdoor. •Scientific research and development laboratories. •Unscreened display of any products not mentioned above for sale on the premises. •Commercial Business Park: flexible combination of uses; including commercial, office, research, storage, wholesale distribution, and.warehousing allowed within an enclosed building. , SECTION II REPEALING ANY CONFLICTING PROVISIONS: All ordinances and parts of ordinances in conflict with the ORDINANCE NO. 1303 PAGE 7 OF 8 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 17TH DAY OF JULY , 2007. SIGNED AND ATTESTED TO THIS 26TH DAY OF JULY , 2007. •clOHN IN§ALCO Mayor ATTEST: KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM: RICHARD JOEL STERN City Attorney ORDINANCE NO. 1303 PAGE 8 Of 8