HomeMy WebLinkAboutORD1439ORDINANCE NO. 1439
AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY
OF APACHE JUNCTION,ARIZONA,APPROVING A PLANNED
DEVELOPMENT MAJOR AMENDMENT,CASE PZ-10-16,FOR A
5.38 -ACRE,OLD WEST COMMERCIAL BY PLANNED DEVELOPMENT
("B-2/PD")-ZONED PROPERTY,ORIGINALLY APPROVED BY
ORDINANCE NO. 842 AND LOCATED AT 1477 W. APACHE TRAIL,
BY AMENDING THE PLAN OF DEVELOPMENT FROM A PAD FOR
RETAIL AND COMMMERCIAL SHOPS TO A PAD FOR AN OUTDOOR
STORAGE AND SALES YARD FOR A NEW SHOPPER'S SUPPLY
BUSINESS;REPEALING ANY CONFLICTING PROVISIONS;AND
PROVIDING FOR SEVERABILITY.
WHEREAS, on September 1, 1992, the mayor and city council of the
City of Apache Junction ("city"),passed Ordinance No.842,
which rezoned a +/-10-acre site at the southeast corner area of
W. Apache Trail and S.Ironwood Drive from General Rural ("GR")
and General Business Zone ("CB -2")to General Commercial
District by Planned Development ("C-3/PD")for the purpose of
allowing a developer to consolidate properties and develop a
retail shopping center,to include multiple store/shop spaces
and a Mega Foods anchor store, subject to a conceptual site plan
and conditions; and
WHEREAS, in accordance with Ordinance No. 842, only the original
anchor store and one other parcel for an auto parts store were
developed and not all of the parcels were ever consolidated into
the planned development site,although surrounding on -site and
off -site improvements were constructed; and
WHEREAS,on May 6,2014,pursuant to Ordinance No.1402,the
City adopted a new zoning ordinance and zoning district maps,
effectively renaming the zoning district of most of the planned
development property from "C-3/PD"to Old West Commercial by
Planned Development ("B-2/PD"),but otherwise leaving Ordinance
No. 842 in full force and effect; and
WHEREAS,pursuant to case PZ-10-16,a new property owner has
acquired the former Mega Foods (later Food City)parcel (parcel
number 101-16-019A)and the vacant parcel directly east of the
old Mega Foods parcel (parcel number 101-16-019B)which was
intended for retail shops;and said developer proposes to
relocate a Shopper's Supply business in the old Mega Foods
Ordinance No. 1439
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building along with an outdoor storage and sales yard on part of
said retail shops pad; and
WHEREAS,on October 25,2016,the Apache Junction Planning and
Zoning Commission voted 6-0 to recommend approval of planned
development major amendment case PZ-10-16,subject to
conditions.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF
THE CITY OF APACHE JUNCTION, ARIZONA, AS FOLLOWS:
SECTION I.IN GENERAL
That a planned development major amendment,amending the
conditions of Ordinance No.842,by adopting new conditions
specifically for parcels 101-16-019A and 101-16-019B,in order
to accommodate the new Shopper's Supply business and their
appurtenant outdoor storage and sales yard,for the properties
legally described as:
Pinal County,Arizona,Assessor parcels 101-16-019A
and 101-16-019B,located in the northwest quarter of
the northwest quarter of the southwest quarter of
Section 20,Township 1 North,Range 8 East of the
Gila and Salt River Base and Meridian,Final County,
Arizona (a complete metes and bounds legal description
is available at the Apache Junction Development
Services Department, Planning Division);
be and hereby is approved, subject to the following conditions:
1)The permanent outdoor +/-80' wide by 148' long storage
and sales yard for Shopper's Supply shall be developed in
compliance with the site and elevation plans submitted
with case PZ-10-16, to include an 8 -foot -high decorative
wrought iron fence with wrought iron roll gates on the
north and south sides of the yard, an asphalt or
concrete -surfaced yard and a new permanent shade canopy
on the east side of the new Shopper's Supply Store.
2)The proposed exterior building improvements and the
permanent outdoor sales yard improvements shall be
constructed within six months of PD plan approval or by
April 25, 2017.All improvements shall comply sub-
Ordinance No. 1439
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stantially with the elevation and site plan drawings
submitted with case PZ-10-16.
3)All construction and improvements related to the interior
and/or exterior remodeling of the building and/or the
sales yard shall be properly permitted and inspected as
appropriate, including the possible installation of
outdoor propane dispensing tanks, the shade structure and
dark sky compliant lighting per Zoning Ordinance Article
1-10 Outdoor Lighting Regulations.
4)The property owners/applicants shall also achieve the
combination of parcels 101-16-019A and 019B through Pinal
County's lot combination process prior to April 26, 2017.
5)Future uses on the B-2/PD-zoned property shall include
those uses normally allowed under the B-2 base zone,
except for the following uses: pawn shop; tattoo and/or
piercing establishment; RV or boat storage or other types
of outdoor storage businesses; taxi or shuttle business;
rescue mission, soup kitchen or homeless shelter; second-
hand stores; used auto sales; auto or motorcycle repair
shops; marijuana uses; or other uses determined by the
Zoning Administrator to be incompatible with a retail/
commercial/office strip center development.
6)Building signs and proposed new monument signs shall
comply with the city's Zoning Ordinance Article 1-11 Sign
Regulations and shall complement the architecture of the
building, including style, color and materials, and shall
be subject to Planning Staff review and approval.
7 Other businesses proposing to locate on the east end of
the shopper's Supply 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
design concepts and landscape improvements.Any future
building shall incorporate similar or compatible
architectural styling as the other buildings in the
development and the city's Commercial Design Guidelines.
Requested deviations from the provisions of this
Ordinance No. 1439
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ordinance or B-2 zone standards shall require a separate
Planned Development amendment process.
8)The property owners shall draft and/or update any shared
retention, drainage, parking, cross access and common
area maintenance agreements (including on -site and
perimeter landscape maintenance), to be agreed upon and
executed between the property owners of the Ironwood
Crossings development.
SECTION II.REPEALING ANY CONFLICTING PROVISIONS
All ordinances and parts of ordinances in conflict with the
provisions of this ordinance or any part of the code 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 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 affect the validity of the
remaining portions thereof.
PASSED AND ADOPTED BY THE MAYOR AND_EgY COUNCII_!,OF THE CITY OF
APACHE JUNCTION,ARIZONA,THIS /5"771rDAY OF ./VOW/Iiigele
2016.
r12 /0-4°7/9SIGNED AND ATTESTED TO THIS 0416....DAY OF .4 ,o15re , 2016.
KATHLEEN CONNELLY
City Clerk
APPROVED AS TO FORM:
120rw : a id / 4 N X
RICHARD JOEL STERN
City Attorney
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