HomeMy WebLinkAboutORD1480ORDINANCE NO. 1480
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-4-19, A REQUEST
BY COLE VALLEY PARTNERS -APACHE JUNCTION HOLDING. LLC,
FROM OLD WEST COMMERCIAL/PLANNED DEVELOPMENT (B-2/PD)
TO A NEW OLD WEST COMMERCIAL/PLANNED DEVELOPMENT (B-
2/PD); REPEALING ANY CONFLICTING PROVISIONS; AND
PROVIDING FOR SEVERABILITY.
WHEREAS, the submitted planned development ("PD") plan
proposes a Dutch Bros. Coffee Shop and facilitates future
commercial development on approximately 4.14 -gross acres on
subject properties, which is located in an area designated
Downtown Mixed -Use ("DMU") by the city's General Plan and the
said PD plan complies with the DMU designation; and
WHEREAS, on July 23, 2019, the Apache Junction Planning and
Zoning Commission voted 7-0 to recommend approval of rezoning
case PZ-4-19, subject to the submitted conceptual PD plans and
the conditions prescribed herein; and
WHEREAS, the 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 1-5-1,
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, and that the design and uses should result in
enhancements to the social, built and natural environments in
the city.
ORDINANCE NO. 1480
PAGE 1 OF 7
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 parcels of land legally
described as:
PARCEL 1:
THAT PORTION OF TRACT "A", APACHE HOMES, RECORDED IN BOOK 8 OF
MAPS, PAGE 5, RECORDS OF PINAL COUNTY, ARIZONA, LYING WITHIN A
PORTION OF THE NORTHWEST QUARTER OF SECTION 20, TOWNSHIP 1
NORTH, RANGE 8 EAST OF THE GILA AND SALT RIVER BASE AND
MERIDIAN, FINAL COUNTY, ARIZONA, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING AT A CONCRETE NAIL MARKING THE CENTER OF SAID SECTION
20, FROM WHICH A 1/2 INCH REBAR IN POTHOLE MARKING THE NORTH
QUARTER CORNER OF SAID SECTION 20 BEARS NORTH 00 DEGREES 01
MINUTE 18 SECONDS EAST 2,639.28 FEET;
THENCE NORTH 89 DEGREES 53 MINUTES 11 SECONDS WEST 329.88 FEET
ALONG THE SOUTH LINE OF SAID NORTHWEST QUARTER TO THE SOUTHERLY
EXTENSION OF THE EAST LINE OF SAID TRACT "A";
THENCE NORTH 00 DEGREES 00 MINUTES 02 SECONDS EAST 142.91 FEET
ALONG SAID SOUTHERLY EXTENSION TO THE SOUTHEAST CORNER OF SAID
TRACT "A";
THENCE SOUTH 89 DEGREES 59 MINUTES 00 SECONDS WEST 302.85 FEET
ALONG THE SOUTH LINE SAID TRACT "A" TO THE POINT OF BEGINNING;
THENCE CONTINUING SOUTH 89 DEGREES 59 MINUTES 00 SECONDS WEST
162.37 FEET ALONG SAID SOUTH LINE TO A 1/2 INCH REBAR WITH
YELLOW PLASTIC CAP STAMPED 15337 MARKING THE SOUTHWEST CORNER OF
SAID TRACT "A";
THENCE NORTH 00 DEGREES 00 MINUTES 47 SECONDS EAST 274.79 FEET
ALONG THE WEST LINE OF SAID TRACT "A";
THENCE NORTH 90 DEGREES 00 MINUTES 00 SECONDS EAST 162.30 FEET;
THENCE SOUTH 00 DEGREES 00 MINUTES 00 SECONDS EAST 274.74 FEET
TO THE POINT OF BEGINNING.
ORDINANCE NO. 1480
PAGE 2 OF 7
PARCEL 2:
THAT PORTION OF TRACT "A", APACHE HOMES, RECORDED IN BOOK 8 OF
MAPS, PAGE 5, RECORDS OF PINAL COUNTY, ARIZONA, LYING WITHIN A
PORTION OF THE NORTHWEST QUARTER OF SECTION 20, TOWNSHIP 1
NORTH, RANGE 8 EAST OF THE GILA AND SALT RIVER BASE AND
MERIDIAN, PINAL COUNTY, ARIZONA, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING AT A CONCRETE NAIL MARKING THE CENTER OF SAID SECTION
20, FROM WHICH A 1/2 INCH REBAR IN POTHOLE MARKING THE NORTH
QUARTER CORNER OF SAID SECTION 20 BEARS NORTH 00 DEGREES 01
MINUTE 18 SECONDS EAST 2,639.28 FEET;
THENCE NORTH 89 DEGREES 53 MINUTES 11 SECONDS WEST 329.88 FEET
ALONG THE SOUTH LINE OF SAID NORTHWEST QUARTER TO THE SOUTHERLY
EXTENSION OF THE EAST LINE OF SAID TRACT "A";
THENCE NORTH 00 DEGREES 00 MINUTES 02 SECONDS EAST 142.91 FEET
ALONG SAID SOUTHERLY EXTENSION TO THE SOUTHEAST CORNER OF SAID
TRACT "A";
THENCE SOUTH 89 DEGREES 59 MINUTES 00 SECONDS WEST 130.00 FEET
ALONG THE SOUTH LINE SAID TRACT "A" TO A NAIL IN WASHER STAMPED
42137 AND THE POINT OF BEGINNING;
THENCE CONTINUING SOUTH 89 DEGREES 59 MINUTES 00 SECONDS WEST
172.85 FEET ALONG SAID SOUTH LINE;
THENCE NORTH 00 DEGREES 00 MINUTES 00 SECONDS WEST 274.74 FEET;
THENCE NORTH 90 DEGREES 00 MINUTES 00 SECONDS EAST 172.85 FEET
TO THE WEST LINE OF THE EAST 130.00 FEET OF SAID TRACT "A";
THENCE SOUTH 00 DEGREES 00 MINUTES 02 SECONDS WEST 274.69 FEET
ALONG SAID WEST LINE TO THE POINT OF BEGINNING.
PARCEL 3:
THAT PORTION OF TRACT "A", APACHE HOMES, RECORDED IN BOOK 8 OF
MAPS, PAGE 5, RECORDS OF PINAL COUNTY, ARIZONA, LYING WITHIN A
PORTION OF THE NORTHWEST QUARTER OF SECTION 20, TOWNSHIP 1
NORTH, RANGE 8 EAST OF THE GILA AND SALT RIVER BASE AND
MERIDIAN, PINAL COUNTY, ARIZONA, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
ORDINANCE NO. 1480
PAGE 3 OF 7
COMMENCING AT A CONCRETE NAIL MARKING THE CENTER OF SAID SECTION
20, FROM WHICH A 1/2 INCH REBAR IN POTHOLE MARKING THE NORTH
QUARTER CORNER OF SAID SECTION 20 BEARS NORTH 00 DEGREES 01
MINUTE 18 SECONDS EAST 2,639.28 FEET;
THENCE NORTH 89 DEGREES 53 MINUTES 11 SECONDS WEST 329.88 FEET
ALONG THE SOUTH LINE OF SAID NORTHWEST QUARTER TO THE SOUTHERLY
EXTENSION OF THE EAST LINE OF SAID TRACT "A";
THENCE NORTH 00 DEGREES 00 MINUTES 02 SECONDS EAST 442.91 FEET
ALONG SAID EAST LINE TO THE NORTH LINE OF THE SOUTH 300.00 FEET
OF SAID TRACT "A" AND THE POINT OF BEGINNING;
THENCE SOUTH 89 DEGREES 59 MINUTES 00 SECONDS WEST 130.00 FEET
ALONG SAID NORTH LINE TO A NAIL IN WASHER STAMPED 21773 ON THE
WEST LINE OF THE EAST 130.00 FEET OF SAID TRACT "A";
THENCE SOUTH 00 DEGREES 00 MINUTES 02 SECONDS WEST 25.31 FEET
ALONG SAID WEST LINE;
THENCE SOUTH 90 DEGREES 00 MINUTES 00 SECONDS WEST 335.15 FEET
TO THE WEST LINE OF SAID TRACT "A";
THENCE NORTH 00 DEGREES 00 MINUTES 47 SECONDS EAST 207.56 FEET
ALONG SAID WEST LINE TO A NAIL IN WASHER STAMPED 42137 MARKING
THE NORTHWEST CORNER OF SAID TRACT "A";
THENCE NORTH 89 DEGREES 58 MINUTES 43 SECONDS
ALONG THE NORTH LINE OF SAID TRACT "A" TO THE
OF SAID TRACT "A";
THENCE SOUTH 00 DEGREES 00 MINUTES 02 SECONDS
EAST 465.11 FEET
NORTHEAST CORNERS
WEST 182.39 FEET
ALONG THE EAST LINE OF SAID TRACT "A" TO THE POINT OF BEGINNING.
be and hereby is amended from Old West Commercial/Planned
Development (B-2/PD) to a new Old West Commercial/Planned
Development (B-2/PD) subject to the following conditions of
approval:
1)The project shall be developed in accordance with the plans
attached and associated to this case and all the provisions
of the zoning ordinance applicable to this case.
2)All buildings on the 4.14 acre site will be demolished and
removed with the first phase of construction (Dutch Bros.
Coffee).
ORDINANCE NO. 1480
PAGE 4 OF 7
3)Offsite half -street improvements include but are not
necessarily limited to dedication of adjacent rights -of-
way, extension of pavement and the provision of sidewalk,
curb, gutter, streetlights, underground utilities, fire
hydrants and landscaping and shall be required as part of
this planned development project, and subject to review and
approval by the city engineer.
4)Landscape, screening and irrigation improvements, shall be
provided in compliance with the city's landscape and
screening requirements contained in Apache Junction City
Code,Volume II,Land Development Code,Chapter 1:Zoning
Ordinance,Article 1-8:Landscape Regulations.All required
trees shall be 24" box and all required shrubs shall be 5-
gallon in size.
5)All applicable permits shall be applied for and plans shall
be designed to current city codes prior to any lot grading
or construction on the lots.Inclusively, all applicable
development fees shall be paid at the time of permit
issuance.
6)The developer/applicant shall provide a cross -access
agreement for the surrounding parcels.
7)The developer shall be responsible for the repair and
maintenance of the shared drive -aisles adjacent to their
site.
8)All mechanical equipment shall be screened and not be seen
from any street on any of the four sides.
9)Future development shall be generally consistent in
architecture, materials and colors with the Dutch Bros.
Coffee development.
ORDINANCE NO. 1480
PAGE 5 OF 7
10)The uses allowed to locate shall be limited to the use
normally allowed in the B-2 zoning district, except that
the following uses shall not be permitted therein:
a. Car, boat, recreational vehicle, motorcycle
(etc.)dealerships or repair;
b. Pawn shops;
c. Storage and warehouse facilities;
d. Check cashing establishments;
e. Rescue missions, soup kitchens or homeless shelters;
f. Outdoor display of merchandise;
g. Taxicab stand, shuttle service or terminals;
h. Mortuaries or crematories;
i. Lodge, fraternal or civic assemblies;
j.Auto/vehicle parts or accessory sales of any kind;
k. RV Parks and/or campgrounds;
1. Beer, wine and liquor sales;
m. Used merchandise or second hand stores;
n. Medical Marijuana Facilities;
o. Swap meets and farmers markets;
p. Blood banks;
q. Tattoo services;
r. And other uses similar to those listed above
determined by the zoning administrator to be
incompatible with the use of the overall property and
which determination may be appealed to the Board of
Adjustment by any aggrieved individual.
SECTION II REPEALING ANY CONFLICTING PROVISIONS:
All ordinances and parts of ordinances in conflict with the
provisions of this ordinance are hereby repealed.
ORDINANCE NO. 1480
PAGE 6 OF 7
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
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 CITY COUNCIL OF THE CITY OF
APACHE JUNCTION, ARIZONA, THIS 3o-DAY OF fne.v cae.42.., 2019.
SIGNED AND ATTESTED TO THIS 9 :12--DAY OF l/675716/2_,2019.
JEFFT/E/ERDY
VMayor
ATTEST:
-17n-KATHILEN COKNELLY u '
City Clerk
APPROVED AS TO FORM:
RICHARD JOEL STERN
City Attorney
ORDINANCE NO. 1480
PAGE 7 OF 7