HomeMy WebLinkAboutORD1314ORDINANCE NO. 1314
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-13-0I,FROM GR
(GENERAL 19,:cutlai)TO C3/PD (GENERAL COMMERCIAL BY
PLANNED DEVELOPMENT);.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-13-07, 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 applicable criteria
as specified in the City of Apache Junction Zoning
Ordinance,Article 19 Planned Development Zoning District,
Section 19.0109 General Criteria,and is in compliance with
the General Plan,integrates with the surrounding
neighborhood,adequately accommodates traffic,will have
adequate public facilities,and that the design and uses
should result in enhancement to the social,built,and
natural environment 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:
The north half of the Northwest quarter of the
ORDINANCE NO. 1314
PAGE 1 OF 5
Southeast quarter of the Northwest quarter of Section
33, Township 1 North, Range 8 East of the Gila and Salt
River Base and Meridian, Final County, Arizona,
be and hereby is amended from General Rural ("GR")to
General Commercial District by a Planned Development ("C-
3/PD"), subject to the following conditions of approval:
1)The north, east, and west sides of the property shall
have 8 foot high masonry walls. The south of the
property shall be enclosed by the building exterior
wall since there will be an open paved easement to
allow utilities to enter for maintenance and can not
be enclosed. The south side exterior building wall
shall incorporate architectural features designed to
complement the neighboring aesthetics of properties
to the west-across Winchester Road. The wall heights
should be measured from the interior or exterior
grade of the commercial property whichever is
greater.
2)Property owners shall prepare or have prepared a
.landscape plan by a Registered ,Landscape Architect
and shall be submitted to the City's Development
Services Planning Division and approved by staff .
prior to any plant installation. •
3)Monument signage shall be 4esigiled to complement the
west façade and shall be no taller than 12 feet as
measured from the adjacent road grade.
4)Business of any kind shall not be allowed to operate
in any of the condominium (the "units") or on the
premises.
5)Residential occupancy' of any kind Shall not be
allowed to occur in any of the units, on the
premises, or within any of the vehicles.
6)The City's noise ordinance shall be adhered to and
distributed to all new owners and renters of the
units.
7)Any and all flammables are prohibited on the premises
ORDINANCE NO. 1314
PAGE 2 OF 5
and prohibited to be stored in any of the units,
8)Trash enclosures shall be screened and provide for
the disposal of household hazardous waste including
but not limited to oil, paint, and batteries.
9)The project lighting shall be non -intrusive to
neighboring properties while still ensuring adequate
illumination for security purposes based on Crime
Prevention through Environmental Design. ("CPTED")
principles and Dark Sky Ordinance requirements.
10) The property owners shall dedicate and improve to
City Engineer's standards any necessary rights -of-
way, as determined by the City Engineer. Said
improvements may include the provision of curbs,
gutters, sidewalks, deceleration lanes, driveways,
streetlights, fire hydrants, pavement widening,
retention basins, drainage culverts, and other
necessary and reasonable improvements as required by
the CityEngineer.
the
11) The final plan shall conform .substantially with the
submitted and approved preliminary plan, including,
but not limited to," such items as setbacks; layout,
landscape concept, and facade enhancement.
12) As part of the final improvement plans, the
developers shall provide a drainage report and
drainage plan for the site, taking into account both
existing and additional drainage and flood control
and retention structures needed, subject to the City
Engineer's review and approval. All other necessary
on -site and off -site improvements shall be
constructed according to the City Engineer's
specifications.
13) The property shall be developed within 24 months of
rezoning approval or else the zoning may revert to
its former classification by City Council legislative
action pursuant to Arizona Revised Statutes Annotated
Section 9-462.01.
14) The development shall comply with the City of Apache
Junction Commercial Design Guidelines with the
ORDINANCE NO. 1314
PAGE 3 OF 5
requirement that the development includes stucco or
textured metal surfaces.
15) All the interior surface areas of the storage
facility shall comply with Arizona Department of
Environmental Quality standards.
16) All condominium units shall be adequately vented and
shall comply with the Building and Fire Codes.
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. affectthe 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 JANUARY
2008.
SIGNED AND ATTESTED TO THIS 15TH DAY OF JANUARY ,2008.
J S. INSALACO
Mayor
ATTEST:
KATHLEEN CONNELLY
City Clerk
ORDINANCE NO. 1314
PAGE 4 OF 5
APPROVED AS TO FORM:
1- t4- aE3
RICHARD JOEL STERN
City Attorney
ORDINANCE NO. 1314
PAGE 5 OF 5