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Home My WebLink AboutORD1313ORDINANCE NO. 1313 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-2-07,A REQUEST BY ELIZABETH GASTON OF DIVERSIFIED PARTNERS LLC,FROM LIGHT INDUSTRY AND WAREHOUSE ZONE BY PLANNED DEVELOPMENT (CI-1/PD)TO GENERAL COMMERCIAL DISTRICT BY PLANNED DEVELOPMENT (C- 3/PD);REPEALING ANY CONFLICTING PROVISIONS;AND PROVIDING FOR SEVERABILITY. WHEREAS,on November 20,2007,the Apache Junction Planning and Zoning Commission voted to recommend approval of the proposed rezoning request Case PZ-2-07, by a vote of 6 to 0,subject to the conditions of approval listed in this ordinance; and WHEREAS,the City 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 Apache Junction 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 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. 1313 PAGE 1 OF 6 PARCEL NO.1 THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 33,TOWNSHIP 1 NORTH,RANGE 8 EAST OF THE GILA AND SALT RIVER BASE AND MERIDIAN,PINAL COUNTY, ARIZONA. PARCEL NO. 2 THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 33,TOWNSHIP 1 NORTH,RANGE 8 EAST,OF THE GILA AND SALT RIVER BASE AND MERIDIAN,PINAL COUNTY, ARIZONA; EXCEPT THEREFROM AND PORTION WHICH LIES NORTHERLY AND WESTERLY OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT A POINT ON THE WEST LINE OF SAID SECTION 33, WHICH BEARS SOUTH 00 DEGREES 06 MINUTES 34 SECONDS EAST, 450.00 FEET FROM THE WEST QUARTER CORNER OF SAID SECTION 33; THENCE NORTH 89 DEGREES 53 MINUTES 26 SECONDS EAST,55.00 FEET; THENCE NORTH 07 DEGREES 01 MINUTES 02 SECONDS EAST,362.72 FEET; THENCE NORTH 85 DEGREES 15 MINUTES 33 SECONDS EAST,1103.60 FEET TO THE POINT O F ENDING ON THE NORTH LINE O F SAID NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 33; be and hereby is rezoned from (CI-1/PD)Light Industry and Warehouse Zone by Planned Development to (C-3/PD)General Commercial by Planned Development subject to the following Conditions of Approval: 1. 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,the Landscaping and Screening Requirements,Design Guidelines,Engineering Guidelines,Building and Fire codes,Dark Sky Regulations and Sign Code, except as otherwise conditioned herein. ORDINANCE NO. 1313 PAGE 2 OF 6 2. Applicant shall comply with the conceptual development plans as described in the project narrative and shown on the site plan (s) except as noted below. 3. Applicant shall redesign the main entry driveway on Idaho road to allow for five vehicle lanes and a landscaped island. 4. All pads and shops shall be architecturally compatible within the center and consistent with the preliminary architectural design submitted. 5. Additional landscape screening against the building is required to the rear elevations of Shop "B" and Pad "C" which are highly visible. 6. All street improvements and street frontage landscaping shall be completed with the first phase of development. 7. Retention basins shall be a maximum four to one slope when adjacent to public rights -of -way or pedestrian walkways. 8. Building mounted,monument,and freeway signs shall be incorporated into and/or designed to complement architectural styles of the buildings and consistent with the sign program. For anchor tenants (100,000 square feet or more) the maximum sign area for all exterior mounted signs shall not exceed 650 square feet excluding modifier signs.For major/minor tenants the maximum sign area for front elevation mounted signs shall not exceed 300 square feet;the maximum size of a sign for rear and side elevations shall not exceed 100 square feet each.All signs mounted on rear elevations facing U.S.Highway 60 shall be mounted at the same height. Monument signs shall consist of low -profile monument signs and only one double -sided monument sign shall be allowed per driveway entrance. ORDINANCE NO. 1313 PAGE 3 OF 6 The Apache Junction Gateway Center shall be allowed one sixty-five foot (65')high freeway sign located on the north portion of the property and approximately 660 feet east of Idaho Road, the final design of which shall be subject to planning staff review and approval. 9. The maximum building height shall not exceed forty feet (40')as measured from the finished floor to the peak of the roof as per the Apache Junction Gateway Planned Development and Design Guidelines book dated August 30, 2007. .10. The developers of the property shall dedicate to the City and fully improve any necessary adjacent rights -of -way widths as may be determined by the City Engineer including the following rights -of -way: seventy-five feet (75')for Idaho Road,fifty feet (50') for Baseline Avenue, and thirty feet (30')for Winchester Road.Such improvements may include, but not be limited to,the undergrounding of adjacent utility lines (12 kilovolt or smaller),the provision of pavement and extra rights -of -way for street widening,curbs,gutters,sidewalks, deceleration/acceleration lanes,ingress/egress driveways,fire hydrants,on -site .and off -site retention and drainage features,and streetlights and utilities. 11. All cart storage corrals located in the parking lots shall be buffered on each side with a 4 foot wide landscape planter. 12. Owner/Developer/Applicant agrees to contribute twenty-five percent (25%) of the cost of a traffic signal to be installed at Idaho Road and Baseline Avenue in the form of a lump sum in the amount of $75,000 deposited with the City prior to issuance of Certificate of Occupancy for the Grand Opening of the first 100,000 square feet of retail space. 13. The developers shall pay all applicable development fees prior to the issuance of any building permits. ORDINANCE NO. 1313 PAGE 4 OF 6 14. Applicant shall identify on all site plans accommodations for motorcycle parking and bicycle racks. ALLOWED USES: 12.The Planned Development narrative, Section VII Land Uses, shall be modified by deleting the following sentence:"Any use Permitted in Sections 16.0101, Sections 16.0201, Sections 16.03012 Sections 16.0402, Sections 16.0502, or Sections 16.602 of the Apache Junction's Zoning Ordinance as of the date of the City council approval shall be considered Permitted Principal Uses." The permitted uses in this C-3/PD Zoning District shall be those which are permitted by Section 16.0500 General Commercial District,except that the following uses shall not be permitted herein:any residential or civic use types;stand alone convenience store except as an accessory to a filling station;dry cleaning plants;taxicab stand; livestock sales and services; mortuary or crematory; storage of recreational vehicles or boats;light custom manufacturing;cart vendors;wholesaling; storage uses;agricultural sales except as an accessory use;services radio and television stations;scientific research and development laboratories. 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. ORDINANCE NO. 1313 PAGE 5 OF 6 PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL O F THE CITY OF APACHE JUNCTION,ARIZONA,THIS 18TH DAY O F DECEMBER , 2007. SIGNED AND ATTESTED TO THIS ATTEST: KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM: iss4V-- I2—l3—OZ RICHARD JOEL STERN City Attorney ORDINANCE NO. 1313 PAGE 6 OF 6 18TH DAY OF DECEMBER,2007. N S.INSALACO ayor