HomeMy WebLinkAboutORD1312ORDINANCE NO. 1312
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-15-07, A REQUEST BY EMILY E.
STEPHENSON AND HOLLY K. WILLIS, SUCCESSOR TRUSTEES OF
THE BETTY J. RENNICK AND RUSSELL D. RENNICK TRUSTS,
RESPECTIVELY, REPRESENTED BY FAZAL KHAN, FROM GENERAL
BUSINESS ZONE (CB -2) TO GENERAL COMMERCIAL DISTRICT BY
.PLANNED DEVELOPMENT (C-3/PD); REPEALING ANY
CONFLICTING PROVISIONS; AND PROVIDING FOR
SEVERABILITY.
WHEREAS, on October 23, 2007, the Apache Junction
Planning and Zoning Commission voted 6-0 to recommend
approval of rezoning request PZ-15-07, a proposal to
develop a restaurant, retail and office plaza to be
tentatively called "Apache Towne Plaza"; and
WHEREAS, the Council hereby determines that the
proposed rezoning conforms to all of the general criteria
as specified in Section 16.0500 General Commercial District
(C-3) and Section 19.0109 Planned Development Zoning
District of the Zoning Ordinance,as approved herein,
including compliance and conformity with the General Plan,
integration with the surrounding neighborhood, adequate
traffic accommodation, adequate public facilities,
extension of infrastructure, 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:•
ORDINANCE NO. 1312
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Tract "A", Apache Homes, according to the plat of
record in the Office of the County Recorder of Pinal
County, Arizona, recorded in Book 8 of Maps, Page 5;
EXCEPT the East 130.00 feet of the South 300.00 feet
thereof (also know as Pinal County Assessor parcel
numbers 101-13-021, 101-13-023A, 101-13-023B and 101-
13-023C);
be and hereby is amended from General Business Zone (CB -2)
to General Commercial District by Planned Development (C-
3/PD), subject to the following conditions of approval:
1) The Apache Towne Plaza shall be developed in
accordance with the submitted Planned Development
rezoning application, to include but not be limited
to, the concept plan and elevations, the proposed
color scheme, materials sample board, proposed
landscape concept, and on -site and off -site parking
spaces configuration, except as otherwise conditioned
herein.
2) Architectural detailing shall be applied to every
façade of every building, which may include but not
be limited to, undulating building planes, horizontal
and vertical window panes, protruding architectural
elements, decorative painted trim features around
doors and windows, shaded walkways and common areas
(such as smoking patios or employee lunch areas),
screened mechanical equipment, and other
architectural features so as to preclude blank and/or
uninteresting facades on any building side.
3) The design of all buildings and landscape features
shall be in compliance with all applicable City of
Apache Junction codes and development guides
including but not limited to, Zoning Ordinance
Section 16.0500 General Commercial District and
Article 19 Planned Development Zoning District
regulations, the Landscaping and Screening
Requirements, Design Guidelines, Engineering
Guidelines, Building and Fire codes, Dark Sky
Regulations and Sign Code.
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4) The use of separation walls shall be waived for this
development.Other types of buffer walls shall be
required where they may be needed to screen trash
enclosures, mechanical and other equipment and
headlights from shining into adjacent streets (design
and materials to be approved by Planning Staff).
5) The developers of the property shall dedicate to the
City and fully improve any necessary adjacent rights-
of -way as may be determined by the City Engineer.
Such improvements may include, but not be limited to,
the under -grounding of adjacent utility lines (12kv
or smaller), the provision of pavement for street
widening, curbs, gutters, sidewalks,
deceleration/acceleration lanes, ingress/egress
driveways,. fire hydrants, on -site and off -site
retention and drainage features, streetlights and
utilities.
6) Prior to issuance of building permits, a
comprehensive sign package for the development to
include signage concepts for attached and detached
signs shall be submitted for review and approval by
Planning Staff.All signage shall comply with the
City's Sign Code.•
7) The uses allowed to locate in the development shall
be limited to the uses normally allowed in the C-3
zone, except that the following uses shall not be
permitted therein:
a. Residential uses of any type;
b. Sit-down restaurants (other than the one allowed
in proposed Building G);
c. Car, boat, recreational vehicle, motorcycle
(etc.) dealerships;
d. Pawn shops;
e. Check cashing establishments;
f. Rescue missions, soup kitchens or homeless
shelters;
g. Outdoor display of merchandise;
h. Taxicab stand or shuttle service;
i.Lodge, fraternal or civic assemblies;
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j. Mortuaries or crematories;
k. Auto or vehicle repair of any kind;
1. Manufacturing businesses of any kind;
m. Other uses determined by the Zoning
Administrator to be incompatible with the use of
the property as a restaurant, retail and office
plaza; and which determination may be appealed
to the Board of Adjustment by any aggrieved
individual.
8) Screened mechanical equipment will not be seen from
any street on any of the four sides; and the
developer and Staff shall work on providing adequate
garbage facilities and will take another look at trim
•design.
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, THIS4TH DAY OF
DECEMBER , 2007.
SIGNED AND ATTESTED TO THIS 4TH
ORDINANCE NO. 1312
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DAY OF DECEMBER,2007.
N S. INSALACO
yor
ATTEST:
KATHLEEN CONNELLY
City Clerk
APPROVED AS TO FORM:
o -29 • o7
RICHARD JOEL STERN
City Attorney
ORDINANCE NO. 1312
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