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HomeMy WebLinkAboutORD1412ORDINANCE NO. 1412 AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,APPROVING A PLANNED DEVELOPMENT MAJOR AMENDMENT, CASE PZ-6-14, FOR A 2.66- ACRE,GENERAL COMMERCIAL DISTRICT BY PLANNED DEVELOPMENT ("B-1/PD")-ZONED PROPERTY,ORIGINALLY APPROVED BY ORDINANCE NO.995,AND LOCATED AT THE NORTHWEST CORNER AREA OF S.IRONWOOD DRIVE AND W. BASELINE AVENUE, BY AMENDING THE DEVELOPMENT PLAN FOR THE PROPERTY,ALLOWING THE REMAINING UNDEVELOPED PORTION OF THE PROPERTY TO BE DEVELOPED WITH A STRIP COMMERCIAL/OFFICE/RETAIL CENTER INSTEAD OF AN 80 -ROOM MOTEL;REPEALING ANY CONFLICTING PROVISIONS;AND PROVIDING FOR SEVERABILITY. WHEREAS,on May 20, 1997, the Mayor and City Council passed Ordinance No. 995, allowing the subject site to be developed with a restaurant and motel; and WHEREAS, on October 6, 1998, the Mayor and City Council passed Ordinance No. 1062, amending the allowable uses at the subject site for a fueling station, convenience store and a motel; and WHEREAS, the fueling station and convenience store were constructed on the property, but the motel was not; and WHEREAS, on or about October 9, 2014, a new planned development amendment application was received, proposing to amend the development plan for the undeveloped portion of the property for a strip center development instead of a motel; and WHEREAS, on November 25, 2014, the Apache Junction Planning and Zoning Commission voted 7-0 to recommend approval of planned development amendment case PZ-6-14, subject to conditions. NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF APACHE JUNCTION, ARIZONA,AS FOLLOWS: SECTION I IN GENERAL The planned development plan, for the parcel of land legally described as: ORDINANCE NO. 1412 PAGE 1 OF 5 Parcel 1:That portion of the Southeast quarter of the Southeast quarter of Section 31, Township 1 North, Range 8 East of the Gila and Salt River Base and Meridian, Pinal County, Arizona; COMMENCING at the Southeast corner of Section 31; THENCE South 89°45'30" West along the South line of said Section 31, a distance of 50 feet; THENCE North 00016'26" West, a distance of 50 feet to a point on the Northerly line of parcel conveyed to Pinal County Highway Department in Docket 1742 Page 650, records of Pinal County, Arizona, said point being the POINT OF BEGINNING; THENCE South 89°45'30" West along said Northerly line, a distance of 377.81 feet; THENCE departing from said Northerly line, North 00°16'28" West, a distance of 579.30 feet; THENCE North 89°45'30" East, a distance of 377.80 feet to a point on the Westerly line of parcel conveyed to County of Pinal in Docket 1160 Page 753, records of Pinal County, Arizona; THENCE South 00°16'26" East along said Westerly line, a distance of 579.30 feet to the POINT OF BEGINNING; EXCEPT the South 241 feet thereof; and EXCEPT the East 35 feet thereof; and EXCEPT all coal and other minerals as reserved in the Patent from the United States of America. Parcel 2:An easement for drainage of surface run- off, ingress, egress, signage, monumentation, land- scaping and irrigation as created by Instrument recorded in Fee No. 2000-023688, records of Pinal County, Arizona. (Also known as Pinal County Assessor parcel 102-19- 007D). be and hereby is amended to allow for the development of a commercial/office/retail strip center instead of a motel, subject to the following conditions of approval: 1)The property owners shall dedicate and improve any necessary rights -of -way on S. Ironwood Drive, as required by the City Engineer, in accordance with the city's Engineering Guidelines and in accordance with any traffic study recommendations made for the property. ORDINANCE NO. 1412 PAGE 2 OF 5 2)The retail/office buildings and the commercial pads 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, conceptual elevations and landscape plans, and proposed access configuration. 3)Future uses on the B-1/PD-zoned property shall include those uses normally allowed under the B-1 base zone, except for the following uses: pawn shop, tattoo and/or piercing establishment, storage businesses of any kind, taxi or shuttle business, convenience store, rescue mission, soup kitchen or homeless shelter, second-hand stores, used auto sales, auto or motorcycle repair shops, medical marijuana uses, or other uses determined by the Zoning Administrator to be incompatible with a retail/commercial/office strip center. 4)The future monument sign shall complement the archi- tecture of the buildings, including style, color and materials, and shall be subject to Planning Staff review and approval. 5)All businesses proposing to locate on the property shall be required to comply with all provisions of this Planned Development zoning approval, at a minimum to include the construction of on -site and off -site improvements as required by the city's Engineers, the limited uses and unifying signage and landscape improvements.Any future building shall incorporate similar or compatible architectural styling as the buildings on the west side of the property.Requested deviations from the provisions of this ordinance or B-1 zone standards shall require a separate Planned Development amendment process. 6)A separate commercial subdivision process shall be required should the developer desire to create units for individual sale after rezoning.It is the responsibility of the developer to develop the property with the appropriate infrastructure ORDINANCE NO. 1412 PAGE 3 OF 5 facilities for a possible future subdivision, or else improvements may need to be retrofitted later for a subdivision project, at the developer's expense. 7)All development on the property is subject to proper permits and inspections, and compliance with all adopted City codes and ordinances, except as otherwise conditioned herein. 8)The off -site retention basin will be allowed because of the history of this specific PD site and the way existing improvements have been constructed on the property.The off -site basin represents a deviation from the city's Engineering Guidelines, Section 10- 4-2 Stormwater Standards. 9)The developer's Civil Engineer, on the final improvement plans, shall demonstrate that there is adequate retention on the gas station parcel to accommodate the new development site; or that adequate retention will be provided between both parcels to handle both development sites. 10) The developers shall have drafted a new shared retention, drainage, cross access and maintenance agreement, to be agreed upon and executed between the two property owners of the PD site, to include specifically described retention basin areas and to be reviewed and approved by the Development Services Engineer prior to recordation. 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 ORDINANCE NO. 1412 PAGE 4 OF 5 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 (0-rd DAY OF _ ,SIGNED AND ATTESTED TO THIS LOTH-DAY OF 2015. ATTEST: KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM: c:Os 2.2 t RICHARD JOEL STERN City Attorney ORDINANCE NO. 1412 PAGE 5 OF 5 , 2015.