HomeMy WebLinkAboutORD1463ORDINANCE NO. 1463
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 CASE
PZ-2-18 FROM GENERAL COMMERCIAL DISTRICT BY PLANNED
DEVELOPMENT ("B-1/PD") TO LIGHT INDUSTRIAL/BUSINESS
PARK BY PLANNED DEVELOPMENT ("B-5/PD") FOR 50 ACRES OF
A 78 -ACRE PROPERTY AND AMENDING THE DEVELOPMENT PLAN
FOR THE REMAINING 28 ACRES; REPEALING ANY CONFLICTING
PROVISIONS; AND PROVIDING FOR SEVERABILITY.
WHEREAS, the approximately 78 -acre undeveloped property is
located at the southeast corner of US60 and S. Idaho Road; and
WHEREAS, said property was previously rezoned under case
PZ-2-07, Ordinance No. 1313, which proposed a planned develop-
ment retail and commercial power center with major and minor
tenant spaces and commercial pad opportunities, but was ulti-
mately not developed because of an economic downturn; and
WHEREAS, general plan amendment case GPA-1-18 (Resolution
No. 18-30), approved on September 18, 2018, facilitated the
proposed rezoning of the 50 -acre portion of the property to B-
5/PD by changing the land use designation from "Community
Commercial" to "Light Industrial/Business Park"; and
WHEREAS, property owners Amerco Real Estate Company,
working together with city economic development and development
services staff now wish to rezone a majority of the property for
light industrial development opportunities, more in line with
current economic trends and market demands; and
WHEREAS, on August 28, 2018, September 11, 2018, November
13, 2018, and February 12, 2019, the City of Apache Junction
Planning and Zoning Commission held public hearings on the
rezoning case, some of which were merely to consider continuance
requests; and on April 9, 2019, held another public hearing and
voted to recommend approval of planned development rezoning case
PZ-2-18 by a vote of 5 to 0, and subject to the conditions of
approval prescribed herein; and
ORDINANCE NO. 1463
PAGE 1 OF 11
s-
WHEREAS, the Apache Junction City Council hereby determines
that the proposed planned development rezoning request conforms
to all of the general criteria as specified in Apache Junction
City Code,Volume II,Land Development Code,Chapter 1:Zoning
Ordinance,Article 1-5:Zoning Bulk and Use Regulations,Section
1-5-3,Non -Residential Use Regulations and Article 1-4:Zoning
Districts,Section 1-4-3,Planned Development ("PD") Overlay
District (except as otherwise conditioned herein), including
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.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL
OF APACHE JUNCTION, ARIZONA, AS FOLLOWS:
SECTION I IN GENERAL
The zoning district classification on the Zoning District Map,
City of Apache Junction, Arizona, for the parcel of land legally
described as:
The West half of the Southwest quarter of Section 33,
Township 1 North, Range 8 East of the Gila and Salt River
Base and Meridian, Pinal County, Arizona; EXCEPT for any
portion of said property lying northerly and westerly of
the south right-of-way line of US60; and EXCEPT for the
West 648.83 feet of the South 1871.91 feet thereof (a
complete metes and bounds legal description of the property
is available at the City of Apache Junction Development
Services Department, Planning Division office);
be and hereby is amended from General Commercial District by
Planned Development ("B-1/PD") to Light Industrial/Business Park
by Planned Development ("B-5/PD"); and that the development plan
for the remaining portion of the 78 -acre property be amended for
a smaller retail and commercial shopping center in basic com-
pliance with the conceptual development plan submitted with case
PZ-2-18; subject to the following conditions of approval:
1)The design of all buildings and landscape features shall be
in compliance with all applicable City of Apache Junction
codes and development guides including, but not limited to:
ORDINANCE NO. 1463
PAGE 2 OF 11
A. Zoning Ordinance, Article 1-4, Section 1-4-3: Planned
Development (PD) Overlay District;
B. Zoning Ordinance, Article 1-5, Sections 1-5-3 & 1-5-4:
Non-residential Use Regulations & Nonresidential Bulk
Regulations;
C. Zoning Ordinance, Article 1-7, Parking, Loading and
Circulation Regulations;
D. Zoning Ordinance, Article 1-8, Landscape Regulations;
E. Zoning Ordinance, Article 1-10, Outdoor Lighting
Regulations;
F. Zoning Ordinance, Article 1-11, Sign Regulations;
G. Zoning Ordinance, Article 1-12, Flood Plain Management &
Storm Water Regulations;
H. Zoning Ordinance, Article 1-13, Design Guidelines;
I. Zoning Ordinance, Article 1-14, Engineering Standards.
The above codes and development standards must be adhered
to except as otherwise conditioned herein.The city's
Design Guidelines for commercial buildings shall also apply
to industrial buildings.No metal -sided buildings larger
than 120 -square feet shall be allowed, with exceptions for
bay doors.
2)Applicants shall comply with the conceptual development
plans as described in the project narrative and as shown on
the drawings submitted with cases GPA-1-18 and PZ-2-18,
except that the conceptual site plans for Retail Areas A
and B, and Industrial Area 2 shall be more fully developed
and/or proposed for subdivision at such time as development
projects are proposed.
3)All future pads and shops in Retail Areas A and B shall be
architecturally compatible with any anchor tenants.
4)Upon rezoning approval, property owners shall dedicate to
the city and improve all necessary rights -of -way and cutoff
corners as determined by the city engineer, including the
following:
A) Idaho Road will be improved with half street improvements
as follows:
a. Provide a 75 -foot right-of-way dedication along the
east side of Idaho Road from US 60/ADOT ROW south to
Baseline Avenue, including a 20' x 20' cutoff corner
at the Idaho/Baseline intersection.
ORDINANCE NO. 1463
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b. Half -street improvements shall utilize the Lost
Dutchman Heights (LDH) Principal Arterial 6 Lane
section as illustrated in the city's Active Transport-
ation Plan adopted on January 15, 2019, with the
following modifications:
i. Only two of the three northbound lanes (#1 and
#2 lanes) will be constructed in the interim
until Idaho Road is fully improved on both sides
of the section line. The existing lanes on the
west side of the Idaho centerline will become
southbound lanes.
ii. Median curb on the east side of the median
shall be installed.
iii. Curb and gutter on the east edge of pavement
of lane #2 shall be installed. This will provide
the city the option to install lane #3 in the
future if/when warranted.
iv. The shared use path shall be installed per the
LDH - Principal Arterial 6 Lane section.
v. Extend the curb and gutter north into ADOT
right-of-way until it intersects the existing
ADOT curb and gutter.
vi. The existing raised median in ADOT ROW shall be
extended south approximately 550 feet, to provide
a left turn lane into the 34th Avenue alignment.
vii. A single driveway access will be allowed on
Idaho Road, no "pork -chop" island will be needed
due to the extended raised median. Driveway shall
be MAG Std. Dtl. 250, 40 -foot minimum width.
Driveway will function as a right-in/right-out
access to the U -Haul parcel.
viii. Install street lights per city standards at
future full build out horizontal offset.
ix. The above improvements shall be constructed at
the same time as the first phase of development,
most likely the U -Haul parcel.
c. The Idaho/Baseline intersection will change to an
"All -Way Stop" condition.
d. The speed limit on Idaho Road from US60 to Baseline
Avenue shall be 40 miles per hour.
B) East 34 th Avenue will be improved as follows:
ORDINANCE NO. 1463
PAGE 4 OF 11
a. Provide a 50 -foot right-of-way dedication for 34th
Avenue from Idaho Road to the east boundary of the
proposed U -Haul parcel.
b. Provide full -street improvements on 34 th Avenue from
Idaho Road to the east line of the U -Haul parcel using
the Standard - Local Residential (50 -ft ROW) section,
at the time of development of the U -Haul parcel.
c. Provide curb returns with ADA accessible ramps at the
Idaho/34 th intersection.
d. Second access to the U -Haul site will be a driveway in
the curb & gutter on the north side of 34th Avenue,
utilizing NAG Std. Dtl. 250 for the driveway, minimum
40 -ft driveway width. Center of the driveway shall be
a minimum of 100 feet from the new 75 -ft ROW line in
Idaho Road.
e. Install street lights per city standards.
f. As a condition of zoning approval, a 50 -foot
dedication for 34th Avenue from the east boundary of
the U -Haul parcel to Winchester Road (which lines up
with 34 th Avenue on the east side of Winchester Road),
shall be provided at such time as the east half of the
78 -acre property is platted and/or developed.
g. 34 th Avenue will be a public dedicated street which
will serve the U -Haul site, the future Amerco retail
center and subdivision, and provide for right-of-way
connectivity to existing developed properties to the
east. Additionally, 34th Avenue will provide one of the
access points to the U -Haul site via a driveway to the
north, in addition to access off of Idaho Road. There
would be no internal driveway as shown on their site
plan on the south side of their parcel, and instead,
34 th Avenue gives them direct access from the south.
C) The north 50 feet of East Baseline Avenue and the west 30
feet of South Winchester Road adjacent to the property to
the south and east, respectively, shall be dedicated to
the city and shall be developed at the time that the rest
of the Amerco site is platted and/or developed.
5)Street improvements along the property's adjacent and
interior roadways identified in #4 above, including but not
limited to, the extension of pavement, the provision of
sidewalk, curb, gutter, streetlights, fire hydrants,
ORDINANCE NO. 1463
PAGE 5 OF 11
driveways, drainage improvements, the undergrounding of
utility lines, acceleration/deceleration lanes, and other
improvements as determined by the city engineer, shall be
constructed as part of this planned development rezoning
and be subject to final approval by the city engineer.
6)All street improvements and street frontage landscaping
applicable to Industrial Area I shall be completed prior to
building occupancy. Street improvements along Baseline and
Winchester, including street frontage landscaping, will be
completed by future developers prior to building occupancy.
7)Applicants/developers agree to contribute to the costs of
any necessary traffic signals to be installed along Idaho
Road and Baseline Avenue, including contributing 25%
towards the cost of future traffic signal at Idaho and
Baseline and 50% towards the cost of future traffic signal
for future retail center on Idaho, unless Amerco's traffic
study finds that retail center is causing more than 50%
impact.
8)The U -Haul facility and the future retail center shall
provide for on -site retention for their individual sites.
The future subdivision is to be evaluated separately, with
preference being for individual lot on -site retention.
9)Retention basins shall be a maximum 4 to 1 slope when
adjacent to public right-of-way or pedestrian walkways.
10)Building mounted, monument, and freeway signs shall be
incorporated into and/or designed to complement architec-
tural styles of the buildings and be consistent with the
sign code. For anchor tenants (100,000 square feet or more)
the maximum sign area for an exterior mounted sign shall
not exceed 350 square feet. For minor tenants the maximum
sign area for front elevation mounted signs shall not
exceed 150 square feet; the maximum size of a sign for rear
and side elevations shall not exceed 100 square feet each.
All signs mounted on rear elevations facing U.S. Highway 60
shall be mounted at the same height. Monument signs
fronting on Idaho, Baseline, Winchester or any interior
streets, shall consist of low -profile monument signs and
only one double -sided monument sign, which may be a multi-
ORDINANCE NO. 1463
PAGE 6 OF 11
tenant sign in the case of a shopping center or an
industrial park, shall be allowed per driveway entrance.
Industrial Areas 1 and 2 shall be allowed a double -sided,
multi -tenant freeway sign, located on the north portions of
the properties, east of Idaho Road, the final design of
which shall be subject to planning staff review and
approval.
11)Maximum building heights for main buildings shall not
exceed sixty feet (60') as measured from the finished floor
to the peak of the roof for B-5/PD zoned areas. Buildings
in B-1/PD areas will be allowed a maximum height of forty
five feet (45').Accessory buildings are limited to
standard height requirements for accessory buildings.
12)All cart storage corrals located in the parking lots of
Retail Areas A and B shall be buffered on each side with a
4-41 foot wide landscape planter.
13)Developers of the property shall be responsible for
properly applying for and obtaining all necessary permits
for any off -site and on -site improvements or construction.
All improvements shall be designed in compliance with city
codes and standards in effect at the time.Developers
shall also pay all applicable fees, including permit, plan
review and development fees.
14)Developers shall identify on all site plans accommodations
for motorcycle parking and bicycle racks.
15)The permitted uses in B-1/PD zoning district shall be those
which are permitted by Zoning Ordinance, Article 1-5,
Section 1-5-3: Non-residential Use Regulations, except that
the following uses shall not be permitted herein:
Medical marijuana facilities;
Homeless shelter;
Tattoo and/or piercing services;
Death care services;
Cemeteries & crematories;
Commercial parking lots & garages;
Oil & gas extraction;
ORDINANCE NO. 1463
PAGE 7 OF 11
Contractor's office, shop and/or storage (indoor and/or
outdoor);
Bus transportation terminal;
Religious & fraternal organizations;
Payday loan or check -cashing business;
Laundromat or dry cleaning business;
General Automotive repair;
Auto Body shop;
Motorcycle repair;
Vehicle renting & leasing;
Schools;
Psychiatric & substance abuse services;
Nursing & residential care;
Rooming & boarding houses;
Group homes;
Animal hospitals & kennels;
Social advocacy, human rights, conservation, business &
professional, labor, political organizations;
Manufactured home & RV sales;
Semi -truck service or repair;
Massage services;
Swap meet;
Manufactured home or RV parks or campgrounds;
RV, boat, or vehicle storage;
Horse boarding or riding stables;
Outdoor storage, assembly or repair businesses;
General Warehouse or mini -storage;
Taxi or shuttle businesses;
Community food & relief services;
Second-hand or used merchandise sales;
Use vehicle sales;
Any residential uses;
Government offices & courts;
Newspaper, periodical & book publishing;
Cleaning, landscaping & extermination services;
Crop production;
Solar farm;
Recycling & drop-off centers.
16)The permitted uses in B-5/PD zoning district shall be those
which are permitted by Zoning Ordinance, Article 1-5,
Section 1-5-3: Non-residential Use Regulations, except the
following uses shall not be permitted herein:
ORDINANCE NO. 1463
PAGE 8 OF 11
Semi -truck stop;
Medical marijuana facilities;
Cemeteries & crematories;
Commercial parking lots & garages;
Oil & gas extraction;
Mining;
Quarrying;
Animal slaughtering;
Petroleum & coal products manufacturing;
Chemical manufacturing;
Truck transportation terminal;
Bus transportation terminal;
Tow truck parking & storage;
Beef, dairy, sheep, goat & hog production;
Poultry & egg production;
Waste tire collection and/or storage;
Adult oriented uses;
Manufactured home sales;
Schools, except for trade & technical schools;
Public recreation facilities;
Public outdoor music festivals;
Social advocacy, human rights, conservation, business &
professional, labor, political organizations;
Horse boarding or riding stables;
Government offices & courts;
Water & sewerage systems/facilities;
Foundries;
Air transportation terminal;
RV, boat, or vehicle storage, with the exception of the U-
Haul site (no storage of junk or dilapidated vehicles,
including boats, RVs and motor vehicles);
Outdoor storage yard by itself;
Recycling and drop-off centers;
Crop production.
The following uses may be permitted in the B-5/PD zoned
areas subject to approval of a conditional use permit
through the city's Planning and Zoning Commission:
Churches;
Contractor's office, shop and/or storage (indoor and/or
outdoor);
Charter schools;
ORDINANCE NO. 1463
PAGE 9 OF 11
Outdoor storage of equipment or materials for more than 180
days incidental to established building and principal use,
with said outdoor temporary storage not occupying more than
50% of the property.
17)Future land divisions of the rezoned properties which
result in 4 or more lots being created, shall require the
owners to proceed through a subdivision process.
18)Any request for deviation from the city's development
standards or for uses determined by the Zoning Administra-
tor to not be conducive to creating a commercial,
retail, office opportunity as described herein shall
require a separate planned development amendment, rezoning,
landscape code appeal or conditional use permit process
first, as may be appropriate.
19)Code compliance staff shall be given the right of access to
inspect the RV lot for compliance with city 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 CITYCOUNCIL OF THE CITY OF
APACHE JUNCTION, ARIZONA, THIS /2',727 DAY OF 4,-01 /,2019.
SIGNED AND ATTESTED TO THIS 4 P,J ;DAY OF
ORDINANCE NO. 1463
PAGE 10 OF 11
JEFWERDY
May445r
2019.
ATTEST:
ai--/-ze-
KATHLEEN CONNELLY r
City Clerk
APPROVED AS TO FORM:
c.---._328.19
RICHARD JOEL STERN
City Attorney
ORDINANCE NO. 1463
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