HomeMy WebLinkAboutORD1388ORDINANCE NO. 1388
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 FOR THE PROPERTY DESCRIBED IN
REZONING CASE PZ-4-12, A REQUEST BY JAMES E. AND NORMA JEAN
TALBOTT, REPRESENTED BY RONALD DWYER, FROM GENERAL RURAL
(GR) TO LOCAL COMMERCIAL DISTRICT BY PLANNED DEVELOPMENT
(C-2/PD); REPEALING ANY CONFLICTING PROVISIONS; AND
PROVIDING FOR SEVERABILITY.
WHEREAS, the subject site is a part of original Lot 29 of
the Newtown Subdivision, which was platted in 1947; and
WHEREAS, in years following 1947, Lot 29 was split into
three different parcels; and
WHEREAS, in 1983 the east 120 feet of original Lot 29 was
rezoned by the Apache Junction City Council from General Rural
(GR) to Local Business Zone (CB -1), pursuant to Ordinance No.
226, while the rest of original Lot 29 (the subject site)
remained zoned GR and undeveloped; and
WHEREAS, on November 27, 2012, the Apache Junction Planning
and Zoning Commission voted to recommend approval of rezoning
case PZ-4-12 by a vote of 6-0, for the purpose allowing the
property to be developed with a water and ice dispensing kiosk
business, subject to certain conditions for both the current and
future development of the property; and
WHEREAS, the City Council hereby determines that the
proposed Planned Development Plan conforms to all of the general
criteria as specified in Section 1-16-4 C-2 Local Commercial
District and Section 1-19-9 General Criteria of the Planned
Development Zoning District regulations of the City of Apache
Junction Zoning Ordinance (except as otherwise conditioned
herein), including compliance with the General Plan, integration
with the surrounding neighborhood, adequate traffic accommo-
dation, 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.
ORDINANCE NO. 1388
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NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL
OF APACHE JUNCTION, ARIZONA, AS FOLLOWS:
SECTION I IN GENERAL
That the zoning district classification on the Zoning District
Map, City of Apache Junction, Arizona, for the parcel of land
legally described as:
Lot 29, Block 3, Newtown, according to the plat of
record in the office of the County Recorder of Pinal
County, Arizona, in Book 5 of Maps, Page 23 thereof;
EXCEPT the East 120 feet from the North to South
boundaries; and EXCEPT the West 12 feet of the East
132 feet of Lot 29, Block 3, Newtown Subdivision, as
recorded in the Book of Maps, Number 5, at Page 23-A
of the Official Records of Pinal County, Arizona (also
known as Pinal County Assessor Parcel #101-02-086).
be and hereby are amended from General Rural (GR) to Local
Commercial District by Planned Development (C-2/PD), subject to
the following conditions of approval:
1)The water and ice dispensing kiosk business shall be
developed in accordance with the submitted concept plans
incorporated by reference herein, to include but not be
limited to, the proposed site plan and kiosk elevations,
proposed landscape concept, and the proposed access
configuration, except as otherwise conditioned herein.
2)The layout and landscape plan for the property shall
include:
A) entry and exit via a circular driveway off of
Superstition Boulevard, as approved by the City
Engineer, with a landscaped frontage (5 -gallon shrubs,
groundcovers and decomposed granite, all bordered by
railroad ties) along Superstition;
B) a minimum 24 -foot -wide driveway providing access to
the kiosk with a decomposed granite (DG) surface for
dustproofing, which is a different color than the DG
i n the various landscape islands;
ORDINANCE NO. 1388
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C) a 10 -foot -wide landscape strip along Saguaro Drive
with trees, shrubs and DG as required by the landscape
code and bordered by railroad ties;
D) a 10 -foot -wide landscape strip across the property's
southern boundary, to include 5 -gallon shrubs 10 -feet
on center, which will eventually provide a landscape
buffer between the commercial property and residential
properties to the south, also to include DG with a
railroad tie border.
3)The use of separation walls shall be waived for this
development, but may be required at such time as an
additional and/or permanent business use is proposed on
the property.
4)The developer of the property shall dedicate to the City
the north 17 feet of the property for the 50 -foot half
right-of-way designated on Superstition Boulevard, as may
be required by the City Engineer.
5)All signage shall comply with the City's Sign Code.
6)In order to create a relatively low -intensity residential
neighborhood compatible environment, future uses on the
C-2/PD-zoned property shall include those uses normally
allowed under the C-2 base zone, except for the following
uses: pawn shop, tattoo and/or piercing establishment,
outdoor storage business of any kind, taxi or shuttle
business, establishments selling liquor, rescue mission,
soup kitchen or homeless shelter, other uses determined
by the Zoning Administrator to be incompatible with a
predominantly residential neighborhood environment.
7)The developer of the property shall not grant another
lease extension to the owner of the grandfathered
billboard on the property and shall remove the
grandfathered billboard at the expiration of its lease,
said date not to extend beyond December 19, 2018.
8)At such time as an additional and/or permanent business
use is proposed for the property, all additional
commercial development requirements shall apply, unless a
separate planned development amendment, rezoning or
landscape code appeal is filed first.
ORDINANCE NO. 1388
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9)All development on the property is subject to proper
permits and inspections, and compliance with all adopted
City codes and ordinances.
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, subsection, 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 unconsti-
tutional 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 15TH DAY OF JANUARY , 2013.
SIGNED AND ATTESTED TO THIS 4TH DAY OF FEBRUARY , 2013.
JOHN INSALACO
Mayor
ATTEST:
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KATHLEEN CONNELLY V
City Clerk
APPROVED AS TO FORM:
RICHARD JOEL STERN
City Attorney
ORDINANCE NO. 1388
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