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HomeMy WebLinkAboutORD1055ORDINANCE NO.1055 AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,APPROVING THE PRELIMINARY PLANNED DEVELOPMENT PLAN AND CONCEPTUAL ARCHITECTURAL ELEVATIONS FOR A NEIGHBORHOOD SHOPPING CENTER THROUGH A PLANNED DEVELOPMENT MAJOR AMENDMENT IN CASE PZ-98-17 FOR A 11.8 -NET ACRE PROPERTY,ZONED C-3/PO (GENERAL COMMERCIAL DISTRICT/PLANNED DEVELOPMENT),NORTH AND EAST OF THE NORTHEAST CORNER OF WEST SOUTHERN AVENUE AND SOUTH IRONWOOD DRIVE, REPEALING ANY CONFLICTING PROVISIONS;AND PROVIDING FOR SEVERABILITY. WHEREAS,the Mayor and City Council of the City of Apache Junction,Arizona, on October 18,1988 passed and adopted Ordinance No.649,amending the Apache Junction,Arizona,Zoning Ordinance,by amending the Zoning District Map,City of Apache Junction,Arizona,changing the zoning district classification in rezoning case PZ-88-03,on 149.35 acres more or less,from GR (General Rural) to C-3/PD (General Commercial/Planned Development),C-2/PD (Local Commercial/ Planned Development),CR-2/PD (Single -Family Residential/Planned Development),CR-3/PD (Single -Family Residential/Planned Development),and CR-5/PD (Multiple -Family Residential/Planned Development);and WHEREAS,said Ordinance No.649 is now in full force and effect;and WHEREAS,said Ordinance No.649 is a valid ordinance of the City of Apache Junction,Arizona and i t is the specific intent that Ordinance No.1055 shall not affect the validity of Ordinance No.649 as passed and adopted on October 18,1988: BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,THAT: SECTION I IN GENERAL The preliminary planned development plan and conceptual architectural elevations for a neighborhood shopping center be approved,retaining the C- 3/PD (General Commercial/Planned Development)designation,for the parcel of land legally described as follows: ORDINANCE NO.1055 PAGE 1 OF 4 Being a portion of the Southwest quarter of Section 29,Township 1 North,Range 8 East of the Gila and Salt River Base and Meridian,Pinal County.Arizona.described as follows: Being a portion of the Southwest quarter of Section 29.Township 1 North.Range 8 East of the Gila and Salt River Base and Meridian,Pinal County.Arizona described,as follows: Commencing at the Southwest corner of said Section 29: Thence North along the West line of said Southwest quarter a distance of 300.00 feet: Thence East to the Easterly Right -of -Way line of Ironwood Drive a distance of 50.00 feet to the point of beginning: Thence North along said Easterly Right -of -Way line a distance of 664.08 feet; Thence East a distance of 630.00 feet: Thence South a distance of 914.16 feet to the Northerly Right -of -Way line of Southern Avenue: Thence North 89°59'37"West along said Northerly Right -of -Way line and 50.00 feet North of and parallel to the South line of the Southwest quarter of said Section 29,a distance of 390.00 feet: Thence North a distance of 250.74 feet: Thence South 89°49 48"West a distance of 240.00 feet to the point of beginning. The above described parcel contains approximately 11.8 -net acres. Subject to the following stipulations: 1)Applicable development fees,as well as all other required fees. are due at such time as a building permit is issued for each respective structure; 2)The developer shall comply with the conditions outlined in a memo from the City Engineer dated June 25,1998.attached hereto as Exhibit A:. 3)The final Planned Development plan for the shopping center (including improvement and construction plans)shall be submitted within one year of this preliminary planned development amendment approval. ORDINANCE NO.1055 PAGE 2 OF 4 4)The City Council must approve all major changes.modifications. and amendments to the final development plan (including the design of all proposed future uses on the subject site and changes of uses). 5)The subject site must meet all applicable regulations set forth in the Apache Junction City Code ("A.J.C.C."),Volume II,Land Development Code,Chapter 6,Landscape and Screening Requirements, except that a 6 -foot high masonry wall shall not be required along the interior property lines of adjacent commercially -zoned property,as required in § 6-1-5 (D)(2)of the Landscape and Screening Requirements. 6)No outside display of merchandise is permitted,excepting as provided in §6-1-6 (A)(9)of the Landscape and Screening Requirements. 7)The maximum building height shall not exceed 30 feet,except that the top of the pitched roof of the entrance canopy to an anchor/ operator(s)of 10,000 -square feet may have a maximum height of no more than 34 feet. 8)The creation of the shopping center site constitutes the creation of a subdivision,as defined in Arizona Revised Statutes Annotated 9-463 et.seq.and A.J.C.C.,Volume II,Land Development Code, Chapter 2,Subdivision Regulations.The property owners shall submit within 12 months of the preliminary Planned Development approval,a preliminary subdivision plat for the commercial subdivision. 9)The rear yard (along the eastern property line)must have a landscaped tract no less than 10 -feet wide;all trees and shrubs must be 24 -inch box and 5 -gallon size,respectfully;and the landscaping must use clustering,contouring,and mounding techniques to visually soften the rear service access of the shopping center and provide for an attractive appearance using variety for future users on the adjacent commercial property and from view of a public street (Southern Avenue). ORDINANCE NO.1055 PAGE 3 OF 4 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 CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,THIS 1ST DAY OF SEPTEMBER ,1998. SIGNED AND ATTESTED TO THIS 151 DAY OF SEPTEMBER ATTEST: - KATHLEEN CONNELLY G/ City Clerk APPROVED AS TO FORM: .i:016616-7 1 • 9 8' RICHARD JOEL STERN City Attorney ORDINANCE NO.1055 PAGE 4 OF 4 ,1998. DOUGLAS C6LEMAN Mayor EXHIBIT A "ENGINEERING DEPARTMENT" c it eyo75 c pache Ounction July 15, 1998 To:Paul Michaud, Assistant Planner From:Gordon Haws, City Engineer (3 pages total Re:Revised Comments on Proposed Site Plan for the Development of a Shopping Center at the Northeast Corner of Southern and Ironwood, Case File PZ-98-17 Applicant:Bruce Utterback, Wessex Companies The purpose of this memorandum is to present review comments from the Engineering Department relative to the proposed site plan for the proposed shopping center at the northeast corner of Southern Avenue and Ironwood Drive.The 11.8 acre area proposed for development is part of a larger parcel owned by the same property owner.The proposed area of development does not include the east 347+feet of the parcel.The proposed shopping center surrounds the Diamond Shamrock site that is currently under construction at the same intersection.The parcel of land is also bounded on the north by the Sunrise Canyon development which is also under construction and on the east by Sunrise Canyon and by the Salt River Project power substation. Engineering has the following comments: 1.The developer shall protect the proposed shopping center from the runoff from the undeveloped portion of the parcel by either:a) retaining the runoff from the undeveloped portion on the undeveloped portion, or b) diverting the stormwater flows from the undeveloped portion south to Southern Avenue.If the latter option is exercised, it shall be demonstrated that such diversion will not create flooding problems on Southern Avenue. 2.The developer shall be responsible for relocation of the large power poles along the northern side of Southern Avenue if required for road widening or access to the site.All such relocation work shall be coordinated through Salt River Project.The site plan does not show the locations of the existing poles to determine whether the driveways or deceleration lanes conflict with the pole locations. 3.The developer shall improve Ironwood Drive from the site's northern boundary south to the Diamond Shamrock site and Southern Avenue from the Diamond Shamrock site east 1001 N. IDAHO ROAD •APACHE JUNCTION, ARIZONA 85219 •TELEPHONE (602)982-8002 to the eastern property line of the shopping center.The improvements shall include pavement widening to create a roadway 32 -foot wide from the centerline to the back of curb, installing vertical curb and gutter, installing 5 -foot wide sidewalk, and installing streetlights.The offsite street improvements shall be installed in Phase I and shall be completed before certificates of occupancy will be granted.The developer will likely be eligible for an offset in the Streets and Roads Development Fee for capital improvements which he (not the City) installs on either Ironwood or Southern.At the City's option, the City may complete all or a portion of the above mentioned improvements and ask the developer to pay the Streets and Roads Development Fee in lieu of the improvements. Please contact the Development Fees Director for more information.The City will also share more information with the applicant about the extent of improvements the City will do and those that the applicant will be asked to do as this project moves forward. 4.The developer shall provide a striping plan for Ironwood Drive from the intersection with Southern Avenue north to 16th Avenue.The developer shall provide a striping plan for Southern Avenue from the intersection with Ironwood Drive east to San Marcos.The developer shall be responsible for installation of the striping or modifications to the existing striping. 5.The developer shall install fire hydrants at a minimum spacing acceptable to the Fire Marshall on both arterial streets. 6.The entrance to the shopping center off of Southern Avenue shall line up with the driveway into the school on the south side of Southern Avenue.Similar consideration should be given for Ironwood Drive for any driveways which may exist on the west side of the road at the time the site is developed. 7.Review and acceptance of the engineering drawings by the water and sewer utilities and by the Fire Marshall shall be required.The developer shall be responsible to contact the utility companies directly and to obtain their approvals. 8.The developer must demonstrate provision of onsite retention in accordance with City policies.Retention of stormwater on onsite pavements shall be limited to one -foot in depth.Runoff from the first inch of rainfall shall be in landscaped areas.Retention shall not be permitted in fire lanes.Retention for the entire site shall be constructed in Phase I. 9.Onsite retention shall be required for the runoff from the adjacent public streets.The developer shall construct catch basins ancUor scuppers on the adjacent public streets to convey the runoff to onsite retention basins. 10.The drainage pipe under Ironwood Drive near the northwest corner of the proposed site shall be retained.The developer shall provide a catch basin on Ironwood Drive at the northern boundary of the proposed site to capture the street runoff in Ironwood Drive that enters the site at that location.The runoff captured by the catch basin may be discharged to the existing drainage pipe under Ironwood Drive. 1 1.For storm events larger than the 10 -year storm, the retention basins in the adjacent subdivision to the north and east are expected to overflow.The shopping center site shall provide for these overflows to safely flow through or around their site.It is recommended that the overflows from the basin near the northwest comer of the site be allowed to overflow and enter into the existing pipes under Ironwood Drive near that •location. 12.The developer shall demonstrate that the retained waters will be bled -off within 36 hours. Acceptable means of bleed -off include: low flow bleedoff to existing washes, drywells, and percolation into the ground.Percolation into the ground must be demonstrated by documented percolation tests performed by a qualified individual or firm.One half of the tested percolation rate is to be used for the bleed -off calculations. 13.A temporary fire lane surfaced with ABC or pavement shall be provided around the north side of the "Market" in Phase I, until Phase II is constructed. 14.It is not known whether this development will be subdivided into individual lots for each pad owner.If such is the case, public utility easements (PUE's) shall be recorded on the final plat for the utilities held in common.The final plat shall also provide for common access and parking and maintenance of common areas and landscaping. 15.Division of the larger parcel into the proposed development area and the undeveloped area shall be accomplished by platting or through the City's lot split process. 16.The developer shall be required to execute an "Agreement for Maintenance of Landscaping within the Public Rights -of -Way" and a "Drainage and Retention Agreement".Examples of each are provided in the Engineering Guidelines book. 17.A traffic impact analysis shall be required in accordance with Ordinance No. 940.The developer shall follow the Maricopa County Department of Transportation (MCDOT) guidelines for traffic studies.In addition to the requirements of the MCDOT guidelines, the traffic study shall critically evaluate the spacing and number of the driveways, width of the driveways, and design of the deceleration lanes. 18.Installation of a traffic signal by the City at the intersection of Ironwood Drive and Southern Avenue has been discussed, but design plans have not yet been prepared nor has a definite schedule for installation been set.The City hopes to be able to give the developer a more definite schedule by the time engineering drawings are submitted for this development. cc: File a0-315