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Home My WebLink AboutORD1409ORDINANCE NO. 1409 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-4-14, A REQUEST BY MESA DEVELOPMENT CORPORATION AND JBW INVESTMENTS LLC, REPRESENTED BY JOHN WHARTON, FROM GENERAL RURAL LOW DENSITY SINGLE-FAMILY DETACHED RESIDENTIAL ("RS-GR") AND VERY HIGH DENSITY MULTIPLE -FAMILY RESIDENTIAL ("RM-3") TO GENERAL COMMERCIAL DISTRICT BY PLANNED DEVELOPMENT ("B-1/PD"); REPEALING ANY CONFLICTING PROVISIONS; AND PROVIDING FOR SEVERABILITY. WHEREAS, Mesa Development Corporation and JBW Investments LLC desire to rezone their properties for the purpose of creating a commercial, retail and/or office development opportunity on their +/- 7 gross acres (including adjacent right-of-way) at the southeast corner of US60/Superstition Freeway and S. Tomahawk Road; and WHEREAS, on October 28, 2014, the Apache Junction Planning and Zoning Commission voted 7-0 to recommend approval of rezoning case PZ-4-14, subject to the recommended conditions prescribed in the public hearing staff report; and WHEREAS, case PZ-4-14 is being processed concurrently with annexation case AN -2-14, but decision on the rezoning shall not be made unless the Apache Junction City Council has approved the annexation first; and WHEREAS, the City Council hereby determines that the proposed rezoning conforms to all of the general criteria as specified in the Apache Junction City Code,Volume II,Land Development Code,Chapter 1,Zoning Ordinance,Section 1-5-3, 3- 1 Non -Residential Use Regulations,and Section 1-4-3,Planned Development ("PD") District,including compliance 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. ORDINANCE NO. 1409 PAGE 1 OF 5 NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF APACHE JUNCTION, ARIZONA, AS FOLLOWS: SECTION I IN GENERAL The zoning district classifications on the Zoning District Map, City of Apache Junction, Arizona, for the parcels of land legally described as: Pinal County Assessor parcels 103-22-008A; 103-22- 009C; 103-22-009D; 103-22-010A; 103-22-010B; 103-22- 021, EXCEPT the West 50 feet thereof; and 103-22-022, EXCEPT the West 50 feet thereof; all parcels are located in the Northwest quarter of the Southwest quarter of Section 34, Township 1 North, Range 8 East of the Gila and Salt River Base and Meridian, Pinal County, Arizona.(Complete metes and bounds legal descriptions of these properties are available for viewing at the City of Apache Junction, Development Services Department.) be and hereby are amended from General Rural Low Density Single- Family Detached Residential ("RS-GR") and Very High Density Multiple -Family Residential ("RM-3") to General Commercial District by Planned Development ("B-1/PD"), subject to the following conditions of approval: 1)The subject property shall be substantially developed within two (2) years of this rezoning approval, or the zoning may be subject to reversion by City Council legislative action pursuant to Apache Junction City Code, Volume II,Land Development Code,Chapter 1 Zoning Ordinance,Article 1-16 Administration,Section 1 -16 -6 -H- 1(b). 2)All signage on the property shall comply with the City's Sign Code. 3)All development on the property is subject to proper permits and inspections. 4)All development on the property is subject to compliance with all other adopted City codes and ordinances, ORDINANCE NO. 1409 PAGE 2 OF 5 including but not necessarily limited to, the City's Zoning Ordinance, Engineering Guidelines, Landscape and Screening Requirements, and Commercial Design Guidelines. S)The developer of the property shall dedicate to the City any additional right-of-way as may be required by the City Engineer, at the time of development of the subject site. 6)In order to create a commercial, retail, office development opportunity on the rezoned properties, while still observing sensitivity to surrounding residential neighborhoods, future uses on the B-1/PD-zoned properties shall include those uses normally allowed under the B-1 base zone, except for the following uses: manufactured/ mobile home sales; semi -truck service or repair; pawn shop; tattoo and/or piercing establishment; massage establishment; swap meet; RV parks and campgrounds; RV, boat or vehicle storage; horse boarding or riding stables; contractor yard; commercial parking lots and garages; outdoor storage, assembly or repair business of any kind; general warehouse and mini -storage warehouses; taxi or shuttle business; rescue mission, soup kitchen or homeless shelter; second-hand or used merchandise stores; used auto sales; medical marijuana uses; single-family and other residential uses; other uses determined by the Zoning Administrator to be incompatible with the intent of the planned development zoning. 7)The developer of the property may combine parcels and re- designate right-of-way and/or access and utility easements within the subject site boundaries as may be necessary at the time of development.Further division of the properties or the creation of additional parcels shall not be allowed, unless the developer proceeds through a subdivision process. 8)Any request for deviation from the city's development standards or for uses determined by the Zoning Administrator to not be conducive to creating a commercial, retail, office opportunity shall require a separate planned development amendment, rezoning, landscape code appeal or conditional use permit process first, as may be appropriate. ORDINANCE NO. 1409 PAGE 3 OF 5 9)The subject site may be developed in phases, with the necessary public or private improvements for service, access and health and safety to be constructed with each phase as necessary and/or as determined by the Building Official or the Fire Marshall. 10) The future businesses on the development site shall be allowed to advertise on multi -tenant signs.One 12 -foot- high multi -tenant monument sign shall be located along the Tomahawk Road frontage; and one multi -tenant freeway sign (25' feet above adjacent freeway grade, measured at the top of the sign) shall be located along the US60 frontage.Said signs shall complement the architecture of the buildings, and shall be subject to Planning Staff review and approval. 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 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 THE CITY OF APACHE JUNCTION, ARIZONA, THIS 414-1"/-DAY OF A.1_4(/, 2015. SIGNED AND ATTESTED TO THIS irca—DAY OFetk,/ei tt-ti,2015. Y -•-(7OHN S. INSALACO (./Mayor ORDINANCE NO. 1409 PAGE 4 OF 5 'fase-c) ATTEST: KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM: e gg-26 HC).t5; RICHARD JOEL STERN City Attorney ORDINANCE NO. 1409 PAGE 5 OF 5