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HomeMy WebLinkAboutORD1375ORDINANCE NO. 1375 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,BY ADDING A NEW ARTICLE, ARTICLE 1-26 DOWNTOWN OVERLAY DISTRICT;AND ADOPTING BY REFERENCE THAT CERTAIN DOCUMENT ENTITLED "CASE AM -1-11: AMENDMENTS TO THE APACHE JUNCTION CITY CODE,VOLUME II,LAND DEVELOPMENT CODE, CHAPTER 1,ZONING ORDINANCE,PERTAINING TO THE DOWNTOWN OVERLAY DISTRICT"; REPEALING ANY CONFLICTING ORDINANCES; AND PROVIDING FOR SEVERABILITY. WHEREAS, in December of 2010, the Apache Junction City Council approved and adopted the "Downtown Redevelopment and Implementation Strategy" presented by G&G Consultants, along with its findings and recom- mendations for the redevelopment of the Apache Junction, Apache Trail downtown core areas; and WHEREAS, shortly thereafter, the City Council gave direction to staff to process the necessary amendments to the Zoning Ordinance, through the Planning and Zoning Commission, to implement key recommendations of G&G's Downtown Redevelopment and Implementation Strategy, mainly in the form of a Downtown Overlay District ordinance and accompanying Design Guidelines; and WHEREAS, the Planning and Zoning Commission held work session discussions to review and discuss the proposed Downtown Overlay District amendments and Design Guidelines on February 22, March 8, and March 22, 2011; and WHEREAS, on April 26, 2011, the Planning and Zoning Commission voted 4 to 0 to recommended in favor of the proposed amendments and guidelines to the City Council; and WHEREAS, Arizona Revised Statutes Annotated (hereinafter "A.R.S."), 9-802 permits municipalities to enact provisions of a code 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 are filed in the office of the clerk of the municipality and are made available for public use and inspection; and WHEREAS, pursuant to A.R.S. §§ 9-801(1) and 9-802, codes which may be adopted by reference include those relating to land development; and ORDINANCE NO. 1375 PAGE 1 OF 3 WHEREAS, staff has determined that for administrative efficiency, it is more appropriate to adopt the proposed amendments to the Apache Junction City Code,Volume II,Land Development Code,Chapter 1,Zoning Ordinance, by reference. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA: SECTION I:IN GENERAL 1. That the existing Apache Junction City Code,Volume II,Land Development Code,Chapter 1,Zoning Ordinance,is hereby amended. 2. That certain document known as "CASE AM -1-11:AMENDMENTS TO THE APACHE JUNCTION CITY CODE,VOLUME II,LAND DEVELOPMENT CODE,CHAPTER 1,ZONING ORDINANCE,PERTAINING TO THE DOWNTOWN OVERLAY DISTRICT", three copies of which are on file in the office of the City Clerk of the City of Apache Junction, Arizona, which document was made a public record by Resolution No. 11-21 of the City of Apache Junction, Arizona, is hereby referred to, adopted and made a part hereof as if fully set out in this ordinance, pursuant to A.R.S. § 9-802. 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 or regulations 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 2ND DAY OF AUGUST ,2011. SIGNED AND ATTESTED TO THIS 2ND ORDINANCE NO. 1375 PAGE 2 OF 3 DAY OF AUGUST , 2011. (4-41-14-,,eae_e_ao OHN S. INSALACO Mayor ATTEST: City Clerk APPROVED AS TO FORM: RICHARD JOEL STERN City Attorney ORDINANCE NO.1375 PAGE 3 OF 3 CASE AM -1-11:AMENDMENTS TO THE APACHE JUNCTION CITY CODE, VOLUME II, LAND DEVELOPMENT CODE, CHAPTER 1, ZONING ORDINANCE, PERTAINING TO THE DOWNTOWN OVERLAY DISTRICT: The Apache Junction City Code,Volume II,Land Development Code,Chapter 1,Zoning Ordinance shall be amended with the addition of a new article titled, Article 1-26 Downtown Overlay District,to read as follows: ARTICLE 1-26: DOD DOWNTOWN OVERLAY DISTRICT § 1-26-1 GENERAL INTENT AND PURPOSE (A) Under state law (A.R.S. § 9-462.01-D), municipalities may adopt overlay zoning districts and regulations applicable to buildings, structures and land within individual zones. An overlay zoning district is a special zoning district that includes regulations which modify regulations in another zoning district with which the overlay district is combined. (B) The purpose of the Downtown Overlay District ("DOD")is to encourage infill development, redevelopment, and re -investment in areas with existing infrastructure investments as a means of achieving balanced growth, efficient land use and cost- effective delivery of public services.The provisions of this district recognize the economic challenges inherent in developing successful infill properties and provide an alternative zoning option to promote private re -investment within the downtown area. The specific objectives of the Downtown Overlay District are: (1) Provide development regulations and design standards that will set the downtown area apart from other commercial areas within the city, consistent with the vision expressed in the 2010 General Plan and the 2010 Downtown Redevelopment and Implementation Strategy Plan; (2) Accommodate growth within the downtown area by encouraging and facilitating new development on vacant, bypassed and underutilized land within areas that already have infrastructure, utilities, and public facilities; (3) Allow and encourage a mixed -use pattern of development in the downtown area; (4) Provide development standards and incentives that stimulate infill and redevelopment within the downtown area; [8-2-11 council approved version]Page 1 (5) Create a compact mixture of land uses,including shops,workplaces,civic buildings, entertainment uses, and residences that satisfy market demand within the downtown area; (6) Provide an environment that promotes safe pedestrian access and connections between developments,more pedestrian -scale amenities and an identifiable downtown core area; (7) Create the opportunity to improve the quality of development and retail services within the downtown area; (8) Create the opportunity to enhance property values and increase economic and financial benefits to the city,business owners and property owners; (9) Provide clear,understandable,predictable and consistent development standards that promote compatibility between existing and future development; (10) Encourage development of needed housing in close proximity to downtown employment and services; (11) Promote downtown preservation and enhancement through redevelopment of blighted, distressed and underutilized properties; (12) Encourage the development of flexible space for small and emerging businesses; (13) Facilitate development proposals that are responsive to current and future market conditions. § 1-26-2 DEFINITIONS (A) Infill.Development of vacant,underdeveloped or remnant lands passed over by previous development in urban areas. (B)Downtown Overlay District Design Guidelines.The design guidelines approved by the Apache Junction City Council through resolution. (C)Redevelopment:The act or process of renewing,restoring,and/or renovating pre- existing buildings, structures and/or property in the city. (D)Substantial Improvement:Any new construction on a vacant lot. Additionally,any reconstruction,rehabilitation,addition,or other improvement of a structure that exceeds 50 percent of the existing structure's market value, or exceeds 50 percent of [8-2-11 council approved version]Page 2 the existing structure's floor area. The term "substantial improvement" does not include the following: (1) Improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to ensure safe living and/or working conditions; or (2) Costs of alterations or improvements whose express purpose is the mitigation of future stormwater damage. § 1-26-3 DOWNTOWN OVERLAY ZONES (A) The Downtown Overlay District is comprised of three zones as shown on Figure 26-1. These three zones differ in the mix of uses, development character and development intensity. Each zone has a unique focus and role within the Downtown Overlay District. Together the three zones are intended to create a diverse and vibrant business, commercial and residential district within the heart of Apache Junction. The three zones are described as follows: (1)Suburban Zone This zone may be described as a typical suburban retail strip that is dominated by national retail brands. The development pattern reflects corporate architecture, automobile orientation, and deep building setbacks with parking areas typically located between the building and road. The overlay zoning and design guidelines for this zone are intended to essentially maintain and continue the character of development and redevelopment that has occurred in the recent past. (2)Transition Zone This zone may be described as a mixture of older strip commercial uses including hotels, restaurants, specialty retail, car sales, and gas stations. The properties tend to be smaller in size, and many of the buildings reflect maintenance and structural decline.The overlay zoning for this zone is intended to provide reasonable flexibility to promote and encourage development and redevelopment. Additionally, the overlay zoning for this zone promotes sign and building design standards that reflect a western character in accordance with the 2010 Downtown Redevelopment and Implementation Strategy Plan. (3)Core Downtown Zone This zone may be described as the central core of the city with a mixture of old and new developed properties, vacant land and civic uses. The base zoning district for much of this zone (i.e.,City Center District)reflects a decidedly more urban pattern of mixed land use, building height and intensity. The overlay zoning and [8-2-11 council approved version]Page 3 design standards for this zone are intended to maintain and continue the base zoning's urban theme and promote a mixed -use pattern of land use. Figure 26-1:Downtown Overlay Zones r-, ,±`,a,ninusuo5 r;,.-•(=:-4:1110g1L- !itifrilo.c.721151fil=.1 di= 4.44 7 1 70 i 71:44 6e.213 CR:nem—_ § 1-26-4 APPLICATION (A)Compliance With Base Zoning District Standards.Downtown properties that are zoned with both a base zoning district (e.g., CB -1, CB -2, CCD, C-2/PD, C-3/PD, C-4/PD, CI-1/PD, GR and TR) and the Downtown Overlay Zoning District may continue to develop, redevelop, and operate in accordance with the base district zoning standards.If, however, a proposed structural improvement is deemed by city staff to be a substantial improvement, the proposed structure and site shall comply with the Downtown Overlay District Design Guidelines (excludes established single-family residential properties with residential base zoning). (B)Compliance With Downtown Overlay District Standards.If the property owner chooses to follow and use the more flexible Downtown Overlay District standards rather than the base district standards,the owner/applicant shall submit the appropriate Downtown Overlay District application, execute and record the Proposition 207 Claim [8-2-11 council approved version]Page 4 Waiver/Indemnification/Acknowledgement form,and comply with the Downtown Overlay District zoning standards. Additionally, if a proposed structural improvement is deemed by city staff to be a substantial improvement, the proposed structure and site shall comply with the Downtown Overlay District Design Guidelines. (C)Shared Benefits.All property that is zoned Downtown Overlay District shall be allowed to take advantage of the following streamlined processes even if the property owner does not choose to legally apply for the Downtown Overlay District standards discussed above in Section 1-26-4-B: (1)Optional Preliminary Development Plan ("PDR") Review.The property owner may choose to skip, at their risk, the PDR process outlined in Article 1-25 of the City of Apache Junction Land Development Code. (2)Administrative Approval of Temporary Uses.Temporary uses are subject to administrative approvals as identified in Section 1-26-6 of the City of Apache Junction Land Development Code. (3)LED/Digital Signage.LED/digital signage shall be allowed subject to the following conditions: (a)LED/digital signage shall only be located within an approved freestanding sign. (b) The LED/digital sign portion of the freestanding sign shall not be greater than 50% of the total freestanding sign area. (c)The LED/digital sign message and/or graphic display shall be changed at minimum intervals of 8 seconds.Continuous animation,motion graphics and/or videos shall not be allowed. (d) Maximum brightness for LED/digital signs shall not exceed an illumination of 7,500 NITS during daylight hours and 500 NITS during the period from sunset to sunrise, as measured by a luminance meter from a sign face at the point of maximum brightness. (e) LED/digital signs shall be turned off at 10 pm or close of business, whichever is later. (D)PD Zoned Property.Properties that are zoned Planned Development District (PD) are governed by the terms of the PD zoning ordinance rather than the requirements of the base zoning district or Downtown Overlay District. Accordingly, any proposed changes to a PD zoned site shall require an appropriate PD amendment. [8-2-11 council approved version]Page 5 § 1-26-5 USE REQUIREMENTS IN THE DOWNTOWN OVERLAY ZONES (A)Allowed Uses.Business uses allowed by right within the Downtown Overlay Zones are reflected in Table 26-1. Since it is difficult and cumbersome to attempt a complete listing of allowed uses,Table 26-1 refers to the 2007 North American Industry Classification System ("NAICS") as the basis for identifying uses. The North American Industry Classification System is the standard used by federal statistical agencies in classifying business establishments for the purpose of collecting,analyzing,and publishing statistical data related to the U.S. business economy. Residential uses allowed by right within the Downtown Overlay Zones shall be limited to stand-alone multiple -family residential buildings (i.e., 4+ dwelling units per building), or any number of residential units constructed above the first floor commercial space. (B)Prohibited Uses. (1) The following uses are expressly prohibited: (a) Stand-alone single-family residential homes (i.e.,1 dwelling unit per building/structure). (b) Stand-alone plex residential uses (i.e.,2 to 3 dwelling units per building/structure). (c) Recreational vehicles used as a dwelling. (d) Recreational vehicle parks and campgrounds (excepting grandfathered properties). (2) Business uses that are not included in Table 26-1, or expressly prohibited above, are considered prohibited unless the Development Services Director or designee determines that the traffic generation, parking demand, noise impact and odor impact of the use falls within the range of expected impacts generated by the permitted uses allowed within the overlay zone, and that the character of the use is related to one of the categories of uses listed in Table 26-1. (C)Conditional Uses.The following uses are classified as conditional uses and subject to approval in accordance with the conditional use permit process: (1) Medical Marijuana Uses (2) Ancillary Manufacturing Uses between 50% and 75% of existing building floor area. (3) Airplane Sales and Service (4) Boat sales and service (5) Recreational vehicle sales and service (6) Manufactured home sales/display [8-2-11 council approved version]Page 6 (D)Ancillary Manufacturing Uses.An ancillary use is a subsidiary or secondary use or operation connected to the main use of a building or piece of land.Ancillary manufacturing uses (i.e.,NAICS code 31-33) shall only be allowed in the downtown overlay district if incidental and subordinate to the primary retail,office,public or quasi/public use, provided that not more than 50%, up to a maximum of 1,500 square feet, of the floor area of the business is engaged in these activities. No visible outside storage of manufacturing vehicles,equipment and inventory shall be allowed for ancillary uses. Ancillary uses proposed to be between 50% and 75% of the total floor area may be approved as a conditional use permit by the Planning and Zoning Commission. Table 26-1:Business Uses Allowed in Downtown Overlay District NAICS Business Category NAICS Code Retail 44 — 45 Transportation 4851, 4853, 487, 491 and 492 Information 51 Finance and Insurance 52 Real Estate/Rental/Leasing 53 Professional/Technical 54 Management 55 Administrative and Support 561 Education 61 Health Care/Social Service 62 Arts/Entertainment/Recreation 71 Accommodation and Food Service 72 Other Services 81 Public Administration 92 § 1-26-6 TEMPORARY USES (A) For zoning purposes, a temporary use is established for a fixed period of time and shall not involve ;the construction or alteration of any permanent building or structure. A temporary structure is a feature,device, container or vehicle without a permanent foundation or footing and which is removed when the designated time period, activity, or use for which temporary structure was erected has ceased. (B) Table 26-2 lists temporary uses that may be allowed subject to approval by the Development Services Director or designee. Table 26-3 illustrates temporary uses that are allowed without prior city approval. [8-2-11 council approved version]Page 7 (C) The following conditions and standards shall apply to temporary uses and/or structures: (1) No temporary use signs shall be allowed in the public right-of-way. (2) No unusual risk of injury to persons, no damage to public or private property, and no detriment to surrounding properties shall occur. (3) No adverse noise impact,no public or private disturbances, no nuisances shall Occur. (4) No unsafe impediments,distractions,or congestion to vehicular or pedestrian movement shall be allowed. (5) Proper security and trash removal shall be provided by the operator. (6) No permanent alterations to the affected site shall be allowed. (7) No encroachment of a temporary use into established landscaped areas of developed sites shall be allowed. (8) Sufficient space for the temporary use and associated off-street parking and circulation is required. (9) Temporary use signage shall not exceed 50 square feet (combined total) in size and 10 feet in height. (10) Unless otherwise specified by staff, hours of operation shall be limited from 8 a.m. to 10 p.m. (11) Approval of all applicable permits and licenses prior to operation shall be required. (12) The site shall be returned to its original condition within 48 hours of its discontinuance. (13) A Performance bond for public infrastructure damage and repair resulting from the temporary use may be required by the Public Works Department in accordance with Chapter 10 of the Apache Junction Land Development Code. (14)Location of parking and temporary equipment/structures, and the appearance of temporary signs and structures, shall be approved by Development Services Department staff prior to the temporary use being located on the property. [8-2-11 council approved version]Page 8 (15) Temporary sanitary facilities (i.e., porta-johns) may be allowed subject to staff approved locations. Table 26-2:Temporary Uses and Structures Requiring Prior Administrative Approval Temporary Use or Structure Maximum Time Frame Location Temporary Office Facilities (i.e., To 1 year (renewable by staff for Developed or support existing or developing business use)additional year upon a finding developing site of need) Construction -Related Activities (i.e.,1 year (renewable by staff for Developed or Construction trailers, modular units and additional year upon a finding developing site parking to support construction and land of need) development projects) Community Events (Applies to events 4 consecutive days per Developed or vacant conducted, organized and sponsored by specific event per site non-profit organizations. See Volume I,calendar year Chapter 8 of the Apache Junction City Code) Private Events (Applies to events 4 consecutive days per Developed or vacant conducted, organized and sponsored by for-specific event per site profit organizations/businesses. See calendar year Volume I, Chapter 8 of the Apache Junction City Code) Seasonal Holiday Sales for Christmas 30 days per holiday per Developed or vacant (i.e., trees & wreaths),Halloween (i.e.,location site pumpkins & gourds)and 4 th of July (i.e., fireworks) Farmers Market, Fruit & Produce 3 days per week per Developed or vacant Stands (Excludes flea markets and swap location site meets) Flea Markets and Swap Meets (See 3 days per week per Developed site Volume I, Chapter 8 of the Apache Junction location City Code) Vendors Using Carts, Booths or 3 days per week per Developed site Kiosks (excludes food and beverage sales)location Food/Beverage Cart or Concession 7 consecutive days per Developed site Trailer (See Volume I, Chapter 8 of the location Apache Junction City Code) Car Tent Sales (i.e., Applies only to city 7 consecutive days, 4 Developed site approved new and/or used car sites)occurrences per year Classic Car Shows 3 days per week per Developed site location Grand Openings (See Volume I, Chapter 14 consecutive days Developed site 8 of the Apache Junction City Code) Art Display and/or Sales 7 days per week.Developed or vacant site [8-2-11 council approved version]Page 9 Notes: 1.City council approved special events conducted, organized and sponsored by non-profit organizations do not require Development Services Department approval. 2.In addition to approval from the Zoning Administrator, temporary uses listed in Table 26-2 may require approval of the Building Official, Fire Marshall and/or Police Department, and license approvals from the City Clerk's office. 3.Approval of temporary uses not listed in Table 26-2 are subject to conditional use permit or temporary use permit approval as otherwise provided'in Chapter 1 (Zoning Code) of the City of Apache Junction Land Development Code. Table 26-3:Temporary Uses or Structures Not Requiring Prior Approval Temporary Use or Structure Maximum Time Frame Temporary Vehicle Washes by Civic and 2 consecutive days per use. No more than 4 Nonprofit Organizations, or by Middle occurrences per parcel per year. and Secondary School Groups Sidewalk Sales: Civic and Nonprofit 4 days per calendar year per occurrence. No Organizations more than 4 occurrences per parcel per year. § 1-26-7 DEVELOPMENT STANDARDS APPLICABLE TO DOWNTOWN OVERLAY DISTRICT (A) The development standards set forth in the downtown overlay district are intended to provide site design flexibility and a mix of uses. The standards listed in Table 26-4 intend to regulate building placement, height, floor area ratio, lot coverage, residential density, setbacks, parking and lot frontage requirements for each of the three overlay zones. Table 26-4:Zoning Standards for Downtown Overlay District Zoning Standards Suburban Overlay Zone Transition Overlay Zone Core Downtown Overlay Zone Max Residential Density 1 30 du/ac _ 30 du/ac 50 du/ac Max FAR 2 1.5 2.0 3.0 Min Lot Size (business use)3 None None None Min Lot Size (residential use)3 5,000 sq ft 5,000 sq ft None Min Lot Width 50 ft 0 ft 0 ft Min Bldg Front Setback 4 0 f t 0 f t 0 ft/None Min Bldg Side Setback 5 ft 5 ft 5 ft [8-2-11 council approved version]Page 10 Min Bldg Rear Setback 5 5 5 Max Height 5 35 ft 45 ft 75 ft Min Front Parking Setback 6 10 ft 10 ft 20 ft Min Side or Rear Parking Setback6 3 ft 3 ft 3 ft Residential density shall be based on the total number of dwelling units per net acre of land. Net acreage excludes federally patented easements and public right-of-way. 2 FAR (floor area ratio) is the ratio of the total floor area of buildings of a certain location to the size of the land at that location (i.e., total building floor area square footage/net lot area square footage).Floor area ratio shall apply to non-residential development. Residential development intensity shall be based on residential density standards. Mixed use development shall allow a combination of the maximum FAR for non-residential development and the maximum density for residential development. 3 There is no minimum lot size requirements for property being used exclusively for businesses or work/live units. There is a minimum lot size requirement for property being used for exclusive or mixed use residential activity in the Suburban and Transition Zones. 4 There is no minimum front building setback in all three zones within the Downtown Overlay District. 5 Building height shall be measured from existing average grade directly in front of the building to the highest point of the building. 6 The minimum 10 foot front parking setback is intended to promote parking areas located to the side or rear of the buildings. The 3 foot side and rear parking setback may be waived by the Development Services Director or designee if located adjacent to shared parking on adjoining lots. § 1-26-8 OUTSIDE USE AND DISPLAY STANDARDS (A) The Downtown Overlay District allows outdoor use and display that is intended to enhance the pedestrian environment through the creative use of outdoor spaces by providing businesses the opportunity to display a sample of their products and to sell food and beverages in a manner that enhances the public realm by creating an interesting and comfortable shopping and dining experience. Outdoor display of merchandise allows retailers an opportunity to inform and interest the public by offering a small sample of the products that are available inside. Outdoor display can also be appropriate for small retail products that are meant to be used outside, such as garden ornaments, windsocks, and pool toys. [8-2-11 council approved version]Page 11 (B)Restaurants are encouraged to provide outdoor dining subject to compliance with appropriate licensing requirements. (C) There shall not be visible outdoor storage of business inventory,inoperable and/or unlicensed vehicles,automobile parts;loose rubbish,garbage,junk,or building materials on the lot. Building materials for use on the same premises may be stored on the parcel during the time that a valid building permit is in effect for construction. § 1-26-9 PARKING STANDARDS (A) On -site parking for the Downtown Overlay District shall comply with Table 26-5 and the standards identified below: (1) Residential parking for mixed -use and live -work units may be designed and used as tandem parking. Tandem parking is not allowed, however, for guest parking or common parking areas. (2) Parking areas shall be located at the rear or at the side of buildings wherever feasible. (3) Parking lot layout,landscaping,screening and lighting should be designed to avoid glare,noise,or exhaust fumes onto adjacent residential properties wherever feasible. (4) Parking lot layout shall take into consideration pedestrian circulation.Walkways shall conform to requirements of the American with Disabilities Act (ADA). (5) Off-street loading and deliveries shall be conducted on -site. This requirement may be waived by the Development Services Director or designee if the property size or configuration cannot reasonably accommodate off-street loading or deliveries. (6) Cross access easements between adjacent commercial properties shall be required as a condition of development or redevelopment approval wherever feasible and practical. Property owners shall prepare and record a Development Services Department approved irrevocable offer of cross -access to the adjacent parcel and must design and build the parking lot to accommodate existing or future cross -access.This requirement may be waived by the Development Services Director or designee if the adjacent properties cannot physically or spatially accommodate cross access. [8-2-11 council approved version]Page 12 When adjacent property owners seek development or redevelopment approval, they shall also be required to reciprocate with a similar cross -access agreement(s) and then must install the physical access easement connection. (7) Individual property owners shall control all rights to the use of their own parking spaces, but may choose to allow shared use of these spaces in accordance with reciprocal arrangements with other parties. (B) Parking plans that do not comply with the Downtown Overlay District's parking standards may be evaluated and approved by the Development Services Director or designee in accordance with the following: (1) Technical evidence that the proposed use(s) generate a parking demand that is less than the required parking standard and that the resulting reduced number of parking stalls can be properly accommodated on -site, and/or (2) Documentation that all or a portion of the required parking can be accommodated with off -site shared parking that is available within 100 feet of the property, and/or (3) Determination that all or a portion of the required parking can be accommodated with existing public parking that is available within 'A mile of the property. Table 26- 5:Parking Standards for Downtown Overlay District Uses Minimum Number of Required Spaces Residential Uses 1 Bedroom Units 1 spaces per dwelling unit 2+ Bedroom Units 2 spaces per dwelling unit Guest Spaces 0.5 spaces per dwelling unit Senior Housing Based on individual need Commercial Uses Retail and Office Uses 1 space per 300 sq ft of gross floor area Personal and Business Services 1 space per 300 sq ft of gross floor area Hotels/Motels 1 space per guest room + 1 space per 120 sq ft of gross floor area for banquet, assembly, or restaurant seating area. Restaurants & Bars (including patio areas)1 space per 120 sq ft of gross floor area Medical and Dental Offices and Clinics 1 space per 240 sq ft of gross floor area Health Clubs 1 space per 200 sq ft of gross floor area [8-2-11 council approved version]Page 13 •Misc. Uses Other Uses Not Listed Determined by the Development Services Director and may require applicant submittal of a supporting parking study. § 1-26-10 LANDSCAPING STANDARDS (A) Property located within the Suburban Zone, and portions of the Core Downtown Zone that are not zoned as City Center District ("CCD"), shall comply with the landscape standards provided in Chapter 6 of the Land Development Code. Property located within the Transition Zone and property zoned as City Center District shall comply with the following landscape standards: (1) Business zoned properties adjacent to residentially zoned lots/parcels are encouraged to provide a landscape buffer/screen wall between their business site and the residential site. (2) A landscape buffer between the parking lot area and public road right-of-way is encouraged. (3) Properties with greater than 50 parking stalls shall be required to install 1 tree for every 10 parking stalls to reduce the heat island effect. Trees shall meet a minimum trunk height of 6 feet and a 1.5 inch minimum caliper measured 4 feet above the ground, and be placed within or immediately adjacent to the parking area. Each off-street parking space shall be within 40 feet of a tree, measured from the tree trunk to the outer perimeter of the parking space. (4) All trees and plant material shall be compatible with the desert environment, be water -efficient landscaping and shall conform to the current recommended plant listing of the Arizona Department of Water Resources, or alternative materials that are drought-resistant. (5)Required landscaping shall be installed prior to the issuance of a certificate of occupancy or final inspection, as applicable. A site inspection must be conducted by the Planning Division to verify proper installation. It is the owner's (or owner's representative's) responsibility to arrange an inspection appointment with the Planning Division. A surety bond, cash deposit or assured letter of credit in an amount to guarantee the installation of the landscaping within 6 months from the date of issuance of the certificate of occupancy or final inspection may be permitted by the Development Services Director or designee in lieu of immediate installation of plant materials.The allowable installation period will [8-2-11 council approved version]Page 14 not be extended more than 6 months from the date of the certificate of occupancy or final inspection. (6) All landscaping shall be reasonably maintained and any dead plant material shall be replaced by the property owner within 30 days. Maintenance shall include but not be limited to removal of debris, pruning, trimming, watering or other requirements to create an attractive appearance for the development. Maintenance must ensure that pedestrian and vehicular traffic will not be obstructed by any of the vegetation. (7) The requirement for undergrounding of overhead wires and equipment shall comply with the Land Development Code, Chapter 6, Article 6-1-6 (D). (8) Landscape planters,pots and/or flower boxes shall be required between the building and the road right-of-way(s), along walkways, and within parking areas, as approved by the Development Services Director or designee. The landscape planters, and/or flower boxes shall be appropriately sized and accommodate a minimum of two 5 gallon shrubs per 20 feet of property frontage. § 1-26-11 MIXED USE DEVELOPMENT STANDARDS (A) Mixed -use development shall be allowed in the Downtown Overlay District. Mixed -use combines residential use(s)with non-residential use(s).These uses may be mixed vertically, for example by building apartments above ground -floor commercial space; or horizontally, by building townhomes or apartments adjacent to commercial space. The maximum intensity of a mixed -use development shall not exceed the combined maximum FAR for non-residential development and the maximum density for residential development (see Table 26-4). Mixed -use developments shall comply with the zoning and design standards provided for in the Downtown Overlay District regulations. Mixed -use development is intended to promote the following: (1)Office,storefront retail,restaurant and entertainment that integrates with various residential components in order to create a downtown where people live, work, and entertain. (2)Developments that create a pedestrian environment and promote pedestrian activities that balance day and night uses. [8-2-11 council approved version]Page 15 (3) Innovative integration of compatible uses through the conversion of existing buildings and the development of new buildings in a manner that fosters sensitive and sustainable site design and architectural style. § 1-26-12 LIVE -WORK UNIT STANDARDS (A) Live -work units are a unique type of mixed -use development that combines residential living space and commercial or office space within one structure for a single owner/operator. Live -work uses enable the city to adapt to changes in the economy and meet the needs of special groups such as artists or new businesses that need smaller, affordable work and housing space. (B)Live -Work units are allowed in all downtown overlay zones subject to the following standards: (1)Live -work premises shall only be used by people who live and work on the premises. Living and working spaces shall not be rented or sold separately. (2)Live -work units and buildings must comply with life/safety requirements administered and enforced by the Development Services,Police and Public Works Departments intended to protect the public health, safety, and welfare. (3) The minimum total floor area of a live -work space shall be 750 square feet within each unit.All floor area other than that reserved for living space shall be reserved and regularly used for working, sales and display space. (4) The living space within the live -work unit shall be contiguous with and an integral part of the working space, with direct access between the two areas, and not as a separate stand-alone dwelling unit. The residential component shall not have a separate street address from the business component. (5)Where more than one live -work unit is proposed within a single structure, each live -work unit shall be separated from other live -work units and other uses in the structure. Access to each unit shall be provided from common access areas and corridors. (6) Live -work units shall comply with building code requirements. § 1-26-13 CIVIL ENGINEERING STANDARDS (A) Except as otherwise stated below, development or redevelopment being planned and processed in accordance with the Downtown Overlay District standards shall comply [8-2-11 council approved version]Page 16 with the Engineering Design Guidelines and Policies Manual (see Land Development Code, Volume II, Chapter 10): (1) The Development Services Engineer or designee shall review and approve all site plan applications for best access management practice. Due to the unique nature of established development sites along Apache Trail and the need for site design flexibility for redevelopment, the Development Services Engineer may vary the required access management standards identified within the Engineering Design Guidelines and Policies Manual if determined that the development or redevelopment site can safely manage ingress and egress. (2) Stormwater management and retention requirements identified in the Engineering Design Guidelines and Policies Manual shall not be required unless there is an increase in the amount of impervious surface area as a result of the proposed redevelopment,development,or expansion.The City Engineering Design Guidelines and Policies Manual standard for stormwater management in this area of the city is to retain 110% of the stormwater which falls within the development from a 10 -year storm of 24 -hour duration for new developments. New developments on vacant land within the Downtown Overlay District shall adhere to this stormwater management standard. Redevelopment, expansion, replacement and renovation projects within the Downtown Overlay District shall comply with this standard for any net increase of impervious surface area that is in excess of the existing site's impervious surface area. (3) All developments, redevelopment, or expansion impacted by the Special Flood Hazard Areas inundated by 100 -Year flood shall comply with the federal/state guidelines and requirements,and the City Engineering Design Guidelines and Policies Manual for stormwater management. All developments shall comply with the requirements of the National Pollutant Discharge Elimination System (NPDES), the Arizona Pollutant Discharge Elimination System (AZPDES), and the Stormwater Pollution Prevention measures. § 1-26-14 DOWNTOWN OVERLAY DISTRICT DESIGN GUIDELINES (A) Substantial improvements within the Downtown Overlay District shall comply with the Downtown Overlay District Design Guidelines. § 1-26-15 SIGN STANDARDS (A) Sign standards for the Downtown Overlay District shall comply with the standard zoning code sign regulations provided in the Land Development Code, Chapter 1, Article 1-21, except as follows: [8-2-11 council approved version]Page 17 (1) City Center District ("CCD") zoned properties shall comply with the CCD sign standards provided in Chapter 1,Article 1-16-7-1-(F)of the City of Apache Junction Land Development Code. (2) A sign located within the Transition Overlay Zone shall not hereafter be erected, re -erected, constructed, or substantially altered except in conformance with the Old West sign character as specified and illustrated in the Downtown Overlay District Design Guidelines. Substantial alteration shall be defined as any change in the sign or sign structure exceeding 50% of the existing sign value, according to the appraisal thereof by competent appraisers. Reasonable maintenance and repairs shall not be considered as a substantial alteration (3) If the property owner/applicant is proposing a substantial improvement to their existing building located within the Transition Zone, proposed and/or existing signage shall comply with the Old West sign character as specified in the Downtown Overlay District Design Guidelines. § 1-26-16 EXTERIOR LIGHTING STANDARDS (A) Exterior lighting shall comply with the outdoor light control regulations provided in the City's Land Development Code, Chapter 1, Article 1-23. § 1-26-17 REBUILDING DAMAGED OR DESTROYED BUILDINGS (A) In cases of fire or natural disaster, a structure in the Downtown Overlay District that was damaged or destroyed may be rebuilt upon the same lot provided that the new structure complies with the building code(s)and conforms to either the base commercial zoning district regulations or Downtown Overlay District regulations. § 1-26-18 BUILDING AND SITE RENOVATION, ENLARGEMENT, REPLACEMENT, OR REPAIR (A) Renovation, expansion, enlargement, replacement or repair of existing buildings that are deemed by staff to be substantial improvements shall comply with the Downtown Overlay District Design Guidelines. (B)Any alterations, repairs or rehabilitation work necessitated by a governmental or public agency, public utility, or private utility shall not be subject to the Downtown Overlay District standards. [8-2-11 council approved version]Page 18 (C) All renovation, expansion, enlargement, replacement, or repair of existing structures shall comply with the local building code(s). § 1-26-19 INCENTIVES (A) In addition to the modified zoning standards provided in the Downtown Overlay District, development and redevelopment within the Downtown Overlay District may take advantage of the incentives provided in the Downtown Infill Incentive District plan as approved by the City Council through Resolution No. 04-25, or subsequent amendment. § 1-26-20 OPTIONAL PRELIMINARY DEVELOPMENT PLAN ("PDR") REVIEW. (A) The property owner may choose to skip, at their risk, the PDR process outlined in Article 1-25 of the City of Apache Junction Land Development Code. § 1-26-21 FEES (A)Administrative fees associated with plan review and approval of development or redevelopment projects in the Downtown Overlay Districts shall be subject to Apache Junction City Code, Volume I, Chapter 4. [8-2-11 council approved version]Page 19