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HomeMy WebLinkAboutORD1496ORDINANCE NO. 1496 AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,APPROVING A PLANNED DEVELOPMENT MAJOR AMENDMENT,CASE PZ-6-20,A REQUEST BY ME INVESTMENT GROUP INC.,REPRESENTED BY REESE ANDERSON AND JON GILLESPIE OF PEW AND LAKE PLC, AMENDING AND EXPANDING THE PALETTE OF USES WHICH CAN BE ALLOWED ON THE .28 ACRES,GENERAL COMMERCIAL BY PLANNED DEVELOPMENT ("B-1/PD")PROPERTY; REPEALING ANY CONFLICTING PROVISIONS;AND PROVIDING FOR SEVERABILITY. WHEREAS,the subject property located at 1081 S.Meridian Drive (the "Property")has been developed as -a commercial property with a structure on it,since prior to the city adopting its March 1985 zoning ordinance; and WHEREAS,pursuant to case PZ-2-95,Ordinance No.975,at the request of previous owner Inus Holt,the Property was rezoned from Trailer Homesite ("TH")to Neighborhood Commercial/Convenience District ("C-1"); and WHEREAS,pursuant to case PZ-8-04,Ordinance No.1207,at the request of the previous property owner Boyce Jasper,the Property was conditionally rezoned from Neighborhood Commercial/Convenience District ("C-1")to Neighborhood Commercial/Convenience District by Planned Development ("C- 1/PD"),to allow for a proposed expansion of the commercial development, which did not transpire; and WHEREAS,pursuant to case PZ-5-05,Ordinance No.1232,at the request of the previous property owner Boyce Jasper,the planned development was amended to repeal Ordinance No. 1207 and revise the pallet of commercial uses permitted on the Property; and WHEREAS,on May 6,2014,pursuant to Ordinance No.1402, the city adopted a new zoning ordinance and zoning district maps and the Property was inadvertently zoned Medium/High Density Single -Family Detached Residential ("RS -7M"); and WHEREAS,pursuant to case PZ-9-16, Ordinance No.1436,the city council approved a city -initiated corrective rezoning of the Property from Medium/High Density Single -Family Detached Residential ("RS -7M")to General Commercial by Planned ORDINANCE NO.1996 PAGE 1 O F 7 Development ("B-1/PD")and reinstituted the palette of uses which had been approved pursuant to Ordinance No. 1232; and WHEREAS,the current property owner,ME Investment Group Inc., has applied to amend the planned development ("PD") on the Property to allow a further expanded palette of uses; and WHEREAS, on September 8, 2020, the Apache Junction planning and zoning commission voted 4-1 to recommend approval of rezoning case PZ-6-20,subject to the conditions prescribed herein; and WHEREAS,the city council hereby determines that the proposed planned development amendment 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. NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF APACHE JUNCTION, ARIZONA, AS FOLLOWS: SECTION I IN GENERAL That a planned development major amendment,with new conditions and a new expanded palette of uses,for the parcel of land legally described as: Part of the West half of the Northwest quarter of the Northwest quarter of the Northwest quarter of Section 30, Township 1 North, Range 8 East of the Gila and Salt River Base and Meridian, Pinal County, Arizona, more particularly described as follows: Beginning at the Southwest corner of said West half of the Northwest quarter of the Northwest quarter of the Northwest quarter, the true point of beginning: thence due east 144 feet; thence North 130 feet; thence due West 144 feet; thence due South 130 feet to the point of beginning; Except the west 50 feet thereof; Except ORDINANCE NO.1996 PAGE 2 OF 7 all beginning; Except the west 50 feet thereof; Except all oil and mineral rights as reserved in Deed recorded in Docket 247, Page 552, Official Records.(Pinal County Assessor parcel 102-33-020) be and hereby is approved,subject to the following conditions of approval: 1)Future redevelopment or expansions of more than 50% square footage must meet the site improvement requirements as outlined in the city's engineering standards. 2)Once a use is established on the Property,the property owner shall improve any necessary rights -of -way on Meridian Drive and conduct any off and onsite improvements,as required by the city engineer,in accordance with the city's engineering guidelines for the Property. 3)New plantings along Meridian Drive shall follow the approved landscape plan from PZ-5-05. 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)All mechanical equipment shall be screened and not be visible from any street. 7)Any future monument sign shall complement the architecture of the buildings, including style, color and materials, and shall be subject to planning staff review and approval. 8)The following uses shall be a permitted use by right: new vehicle sales/service/repair automotive parts and accessory sales ORDINANCE NO.1496 PAGE 3 OF 7 furniture and home furnishing sales electronics and appliance sales/repair building materials and supplies sales (indoors) lawn and garden equipment/supply sales grocery stores convenience stores specialty retail stores health, pharmacy and personal care sales clothing and accessories jewelry, luggage and leather sales sporting goods, hobby, books and music sales florist and novelty gift sales office supply sales pet and pet supply sales art and craft sales electronic shopping and mail-order sales bakery sales (baking for store sales only) printing shop finance and insurance office/sales/brokers banks and credit unions financing sales securities/commodities office/sales/brokers real estate office, agents and brokers vehicle renting and leasing machinery and equipment rental (indoor) legal and accounting engineering/surveying architectural planning and design consulting advertising and public relations photography veterinary all types of schools educational support services physicians, dental and health practitioners outpatient care centers medical and diagnostic labs home health care services ambulatory health care services blood and organ banks general medical and surgical hospitals psychiatric and substance abuse facilities nursing and residential care facilities individual and family care services vocational rehab services child day care services ORDINANCE NO.1496 PAGE 4 OF 7 museums and historical sites limited service restaurant delicatessen caterers confectionary and ice cream sales electronic equipment maintenance and repair furniture repair and maintenance footwear and leather goods repair personal and household goods repair laundry and dry cleaning services hair, nails and skin care services photo services religious and fraternal organizations social advocacy organizations humans rights organizations conservation organizations business and professional organizations labor organizations political organizations government offices and courts Ancillary Manufacturing contractors office, shop and/or storage (indoors) craftsman and artisan (indoors) newspaper, periodical and book publishing broadcasting and recording telecommunications data processing office administration services employment services business support services travel services investigation and security services assisted living facility; and solar panels. 9)The following uses shall be permitted subject to a conditional use permit ("CUP"): general automotive repair taxi and limousine service boat, ATV & motorcycle sales/service nursery/greenhouse with on -site sales car washes pet care postal, courier, and delivery services cleaning, landscaping and exterminating services ORDINANCE NO.1496 PAGE 5 OF 7 10)The following uses shall not be permitted: recreational vehicle service, sales, or repair manufactured/mobile home sales machinery and equipment rental (indoor/outdoor) building materials and supplies sales (indoors and/or outdoors) feed and fertilizer sales department stores shopping centers beer, wine and liquor sales gasoline stations gasoline stations with convenience store department stores and warehouse clubs used merchandise sales tobacco sales pawn shops check cashing store community food and relief services performing arts facility hotels, motels, and bed & breakfast inns recreational vehicle parks and campgrounds full service restaurants drinking places (serving alcohol) tattoo services death care services cemeteries and crematories animal hospitals and kennels contractors office, shop and/or storage (indoors and/or outdoors) craftsman and artisan (indoors or outdoors) medical marijuana facilities vape shops 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. 11)Used car sales (no service or repair) shall be permitted by right. 12)Used car sales (with service or repair)shall be permitted by CUP. ORDINANCE NO.1496 PAGE 6 OF 7 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 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 6 DAY OF 6iVrib10',2 , 2020. SIGNED AND ATTESTED TO THIS Z,DAY OF r d obeA , 2020. ATTEST: 11),4104. IFER yENA City Clerk APPROVED AS TO FORM: io•i-2o RICHARD JOEL STERN City Attorney ORDINANCE NO. 1496 PAGE 7 OF 7