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HomeMy WebLinkAboutORD1535 ORDINANCE NO. 1535 N ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,TIC N, ARIZONA, APPROVING A REZONING AND NOR GENERAL ELAN AMENDMENT AS DESCRIBED IN CASE 2 2 12 -PZ, AS REQUESTED BY ww CLYDE/BLC UNT CONTRACTING;CACTING; ADOPTING BY REFERENCE THAT CERTAIN DOCUMENT TITLE "LEGAL DESCRIPTIONS AND ZONING CONDITIONS OF CASE NO, P-22-126-PZ APPLICANT: WW CLYBE/E LOUNT CONTRACTING) AUTHORIZED UNDER ORDINANCE O7 1535 FOR A PLANNED DEVELOPMENT,- REZONING AND MINOR GENERAL PLAN AMENDMENT" C REPEALING ANY CONFLICTING PROVISIONS; AND PROVIDING FOR SE ERABILITY WHEREAS, the WW Clyde/Blount Contracting subject site i comprised of figs 3 parcels: Pin l County APNs 1. 3W--1v -C121A, 103-19-02 A, 103-1 2t , I 3 I D, and 3-I3 n WHEREAS, Blount Contracting first established their contracting business at 1353 S. Vista Road on APES 103-1 - 23A in 2013 and WHEREAS, the approximately 7> --acres undeveloped property located on APN ICI -19-C21A at the southeast corner of S. `vista Road and E. 12th Avenue was rezoned in 2019 to B - PB through Ca3e No. P - 18 Ordinance No. 1 71) to allow a commercial condominium; however, the parcel was not developed as intended; and WHEREAS, after a business merger in 2020, WW Clyde/Blount Contracting formally applied to rezone all fire 3 parcels t construct a new, additional office building and to alloy the outdoor storage and maintenance of construction equipment on site; and WHEREAS, on May 9, 2023, the Apache Junction planning and zoning cownission voted 5-2 to recommend approval of rezoning case P -22-125- 2# and WHEREAS, pursuant to A.R�S. § 9-4 62 .0 C , the salty council, before adopting any zoning ordinance or text amendment of general applicability, hall consider the probable impact the proposed zoning ordinance or next amendment would have on the cost to construct housing ing for sale of rent; and ORDINANCE NO. 1333 PAGE 1, OF 3 WHEREAS, the city council has determined the adoption of this rdinanc r text amendment w have no negative impact on the cast to construct housing for sale or rent as delineated underA.R.S. § -48 .8 , and WHEREAS, A.R.S. § 9-802 permits municipalities to enact the provisions of a code or public record theretofore in existence without setting forth :a such provisions In full text as gong a the adopting ordinance ance is published in full text and at least one caper copy of the code changes or public record are filed in the office of the clerk of the municipality and an electronic copy is accessible on the city' s website and made available for public inspection. NOW THEREFORE, BE IT ORDAINED Y THE MAYOR AND CITY COUNCIL OF APACHE JUNCTION, ARIZONA, AS FOLLOWS: SECTION I IN E ER 19 That the planned development rezorainc and minor general plan amendment, as recommended by the city council in case - 22-1 8-E , is approved with conditions incorporated b reference in section 2 below. 2 . That certain document entitled "Legal descriptions and zoning conditions Case No. '-� 2 - (Applicant: WW Clyde/Blount Contracting) authorized rized ruder Ordinance No. 1535 for a planned development rezoning and minor general plan amendment", one paper dopy filed in the office or the city clerk and one electronic copy accessible on the city" s e a ite, with such document declared a public lic record by eaol rt r, No. :3 15 of the City of Apache Junction, is hereby referred for adopted and made a part hereof as if fully set out in this ordinance, pursuant toA.R.S. 8 2. SECTION II REPEALING ANY CONFLICTING PROVISIONS All ordinances and parts of ordinances in conflict with the provisions of this ordinance of any part of the codes accepted herein by reference are hereby repealed ORDINANCE NO. 1535 DACE 2 OF 3 SECTION III PROVIDING FOR SEVERABILITY If any section, Subsection, sentence, phrase, clause or portion f this ordinance or any part of the codes or regulation adopted herein by reference is :for any reason held to be invalid or unconstitutional by the decision c - any court competent jurisdiction, a ch decision shall not affect the validity the remaining portions thereof, PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, AR ZONA, THIS SAS` � , 2023. SIGNED R AND ATTESTED TO THIS '. DAY CIF' 2023 A—LT R '"CHIR" WILS 7i� Mayor ATTEST: ST iIRR f 'HHA City Clerk APPROVED AS TO FORM: RICHARD JOEL STERN City Attorney ORDINANCE NO, 1535 RAGS 3 OF LEGAL DESCRIPTIONS AND ZONING CONDITIONS OF CASE CONTRACTING)G AUTHORIZED UNDER. ORDINANCE NO . 1535 FOR A PLANNEDDEVELOPMENT REZONING AND MINOR GENERAL PLAN AMENDMENT At The mayor and council passed Ordinance No. 1535 are Jane 20, 2023which approved the planned development rezoning of the approximately 1 -acre WW Clyde/Blount Contracting property, located at the southeast corner of 12th Avenue and Vista Pa , legally described as follows Parcel No. 1 (APN 1 t -1 -021A , oelncj rezoned from /PD o /PD: The North half of the Northeast quarter of the Southwest quarter of the Northwest quarter of Section 27 and the Southeast quarter of the Northeast quarter of the Southwest quarter of the Northwest quarter of Section 27, Township 1 North, Range 8 east of the Gila and Salt River Base and Meridian, Pin al County, Arizona; also known as P .nal County assessor parcel, number . 3--1 -- t21A4 Parcel No. 2 AP 1 10 1 g23A) n rezoned from -1 t -- /PLC The South half of the West half of the Northeast quarter f the Southwest quarter of the Northwest quarter f Section 7, Township 1. North, Rance 8 east,, of the Gila and Salt River Base and Meridian, Pinal County, Arizona; Except the West 33 feet deeded to the City of Apache; Junction, recorded in Docket 1322, Pug ; and Except all goal, oil and minerals from said land as reserved in the Patent from the United States of America, Parcel No. 3 APt 131.9-0300 , ong rezorad from 1 to - /P The North half of the Southeast quarter of the Southwest quarter of the Northwest t quarter of Section 27, Township I North, Range 8 east of the Gila and Salt River Base and Meridian, Pfinal County, Arizona; lying Northeasterly of the Highway; - Except all coal, oil and minerals from said land as reserved in the Patent from the United States of America. Parcel No. 4 (APN I03-1 i t , bein re-caned from l to /PD: That portion of the South half of the Southeast quarter o the Southwest quarter of the Northwest quarter of Section 27, Township l North, Range 8 east of the Gila and Salt River Base and Meridian,n, Rinal County, Arizona, lying North and East of the Highway Right of Way as shown in Resolution recorded am ry 5, 1962 in Docket 312, Page 35 ; Except that portion conveyed to the City of Apache Junction in the Deed recorded its Docket 1341, Rage 477, described as follows: The North 33 feet and the East 33 feet; and Except commencing at the Northeast corner of the South half of the Southeast quarter of the Southwest Quarter of the Northwest carter, `hence oath along the Rant line of the South halt of the Southeast quarter of the Southwest quarter of the Northwest quarter, a distance of 53 feet to a point; 'hence west along a line parallel to and 53 feet distant to the North line of the South half of the Southeast quarter of the Southwest quarter of the Northwest quarter, a distance of 33 feet to the true point of beginning; Whence North along a line parallel to and 33 feet distant to the East lime of the South half of the Southeast charter of the Southwest quarter of _ the Northwest quarter, a distance of 30 feet to a point; Whence West along a line parallel to and 33 feet distant to the North line of the South half of the Southeast quarter of the Southwest quarter of the Northwest quarter, a distance of 20 .[set to a point; `hence proceeding in a Southeasterlydirection to the true point of beginning; and Except all coal, nil and minerals from said land as reserved in the patent from the united States of America . Parcel No. 5 (APN 101 -0550 , beina rezoned frog Bat to -4/PD: The North 33.00 T of the South half of the Southeast quarter of the Southwest quarter of the Northwest nest quarter of Section 27 Township 01 North, Mange 08 east; except any portion within the Old Vest Highway as recorded in Docket 312, 359 and the W ck.lup Road Might of Way as recorded in Docket 1:341, gage 447 Pinal County Recorder, , AZT and incltading a portion of the South half of the Southeast quarter of the Southwest quarter of the Northwest quarter of Section 27 Township 01 North, Range 08 Easy described s follows:as: commencing at the Northeast corner of the said south half of the Southeast quarter of the southwest quarter of the Northwest quarter of Section 27, thence South 53. 00 FT thence west 33.00 ft to the point of beginning thence North 20. 00 ft thence MOO ft Southeasterly knack to the point of beginning, 11, 607 .00 ft, 0.27 acres The approval is subject to the following zoning conditions: ' STANDARD CONDITIONS 1 The development shall reflect substantial compliance and consistency with the ci y' s zoning ordinance and the planned development presented with the site plan in Case -1. and P-22-128-DR, incorporated by reference herein, and as otherwise specified through these conditions of approval, to include layout, elevations, setbacks, public and private rights-of-ways, perimeter walls, landscaping and other improvements, 2) `street improvements include but not necessarily limited to, extension of pavement and the provision of sidewalk, curb, gutter, streetlights, underground utilities, fire hydrants, landscaping shall be required as part of this planned development project, and subject to review and approval by the city engineers 3 All applicable permits shall be applied for and plans shall e designed to current city codes prier to any let grading or construction on the logs . Inclusively, all applicable 4 development ent fees, including public art fees, shall be paid at the time of first permit issuance. ) All perimeter walls/fences, and interior/exterior landscaping within and immediately adjacent to the proposed development, shall be owned and maintained it good condition at all times by the property yawners, 5) The developer' s engineer stall meet the civil engineering improvement plans and document requirements, as outlined in the previously provided de pre-application and rezoning review comments and in accordance of the city' s approved engineering standards that are in effect at the time of plan submittal . 6) Major deviations or proposed charges from the original plans associated with this case will require a major planned development amendment. The Director or their designee shall interpret she proposed modification to be significant/major if, in the Director or Designee' s opinion, the quality of project design is diminished, the types of proposed land uses are significantly altered and/or the overall character of the project is contrary to the intent and spirit of the original City Council PD ordinance approval 7) The subject property: shall be substantially developed within two (2) years of the rezoning effective date of Ordinance No. 1535, with a possible one 1) year time extension at the discretion of the Development Services Director, or the plan may be subject to reversion by City Council legislative action pursuant to ache Suction iy Code, Volume 11 , hand Development Code; Chapter 1, Son' >rdihance, Article 1 :i6 Administration, Section 1-1.6- 6 (H) (l) (d) For the purpose of this _ rezoning approval, substantial development shall be evidenced by application for, and receipt of, valid building pewits for architecture, all necessary on-site and off-site engineering, and site grading. PROJECT SPECIFIC CONDITIONS 1) A lot combination ion of parcels 103-1 -0 1 , 1 1 -023A, : 5 - 1:9-030tl, :.05-1 -6 33 and 103-19-0550 shall be completed and recorded prior to the issuance of building permits. 5 2) The existing g utility easements located within the extinguished Federally Patented Easements that run north/south through the center of the property shall be extinguished prior to the issuance of building permits for the new office building. All additional utility easements all be extinguished prior to the :issuance of building permits for structures proposed within an existing utility easement 3) The existing Federally Patented Easements along Vistas Road, .2th Avenue, and Wzckiu i Road d shall be dedicated to the City as requested by the City Engineer. 4) A right-turn deceleration lane shall be provided along Old West Highway as shown on the site plan and requested by the City Engineer. All heavy vehicles and equipment such as, but not limited to semitrudks, semitrailers, - excavators, bulldozers, dump trucks, cranes, etc. ) shall only access the site through the ingress/ egress located along Old West Highway. ) The lease of the existing billboard along Old West Hiqhway shall, not be renewed at the end of its current tern. as . Ap alicant or their representative or successor in interest shall provide to billboard lessee by certified return receipt 1st class US Mail or registered mail Notice of ermin do of Lease no Dater than December 1, 2023 with the rermination of the lease being effective can March 17, 2024 . b. Applicant, shall also provide the Development Services Department with a copy of this notice. Applicant in this notice shall also state that the billboard located on P nal County Assessor Parcel 103 1 - 1300 shall be removed in its entirety, inclusive of all support structures, illumination facilities and connections, service ladders and appurtenances and ancillary equipment, no later than March 31., 2024 ) A minimum 81 high, decorative wall stall be installed around the site as depicted on the site plan provided in Case No. 1 --2 -12ta- 7) A maximum of five cargo containers shall be allowed can the property for the permanent storage of equipment and materials onsite. All cargos containers must be painted consistent desert tone coi r, remain rust free, meet setback requirements, and be located behind the proposed 81 wall . A request for additional containers shall require an administrative review and approval l y the Development Services Director or Designee. Standard hours r operation n shall be limited from 6am-7pm, Any outdoor maintenance of vehicles and equipment onsite shall only be performed during is s d lousiness hours. Any business conducted outside of standard business hours shall ensure compliance with ache unction City Code Volume I, Code of Ordinances, Chapter 11, Noise. 9) All outdoor r storage of materials, equipment, fuel tanks, and vehicles (with the exception personal vehicles parked b staff in designated parking spaces) shall be properly screened tr srn all dedicated right-of-way and renal_ behind the ' perimeter wall. The stacking of materials shall not exceed 3' in height. 10) All equipment and vehicles expected to be used/moved onsite and outside of standard business hours shall be staged by end of business the previous day in a way that eliminates the backward motion of vehicles and equipment:. 11 The proposed fuel station shall be located in the location as shown on the site plan submitted to Stuff on 3 33. 1 1 All outdoor lighting shall be dark sky compliant and installed in the locations proposed on the Photometric Elan provided to Staff can 3 / 3. 13 Landscaping , planted within a minimum 1 fo t-deep strip inside the net property line but outside of required walls) along the perimeters of the property. Screening and irrigation improvements shall be provided in compliance with the city' s landscape and screening requirements contained in . ache nctl s Cif t�c da, Volume II, Land Development Code, Chapter 1 ssnin ( rdinance, Article 1-81 Landscape I es ulations. All trees shall be a minimum of 3 " box.