HomeMy WebLinkAboutORD1091ORDINANCE NO.1091
AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE
JUNCTION,ARIZONA,APPROVING A PLANNED DEVELOPMENT MAJOR
AMENDMENT,CASE PZ-8-99,FOR A 15 -ACRE,C-3/PD (GENERAL COMMERCIAL
BY PLANNED DEVELOPMENT) -ZONED PROPERTY,LOCATED AT THE SOUTHEAST
CORNER OF S.IDAHO ROAD AND E.BROADWAY AVENUE,BY AMENDING
ORDINANCE NO.1025;REPEALING ANY CONFLICTING PROVISIONS;AND
PROVIDING FOR SEVERABILITY.
BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,
ARIZONA,THAT:
SECTION I IN GENERAL
That the conditions of approval of Ordinance No.1025 be rewritten and amended
for the purpose of approving a down -scaled and reconfigured preliminary
Planned Development concept plan for a proposed commercial development at the
southeast corner of S.Idaho Road and E.Broadway Avenue by Idaho Properties,
L.L.C.The new preliminary Planned Development concept plan,as described
herein and in case file PZ-8-99,proposes to scale back the scope of the
original proposal from 10 acres for a commercial,retail and office
development,with another 5 acres reserved for a future mini -storage facility,
to approximately 5 acres of commercial,retail and office development,with
future uses on the remainder of the C-3/PD-zoned property subject to review
and approval through future Planned Development Amendment processes.The
property is legally described as:
The Northwest quarter of the Northwest quarter of the Northwest
quarter of Section 28;and the North half of the Southwest quarter
of the Northwest quarter of the Northwest quarter of Section 28,
Township 1 North,Range 8 East of the Gila and Salt River Base and
Meridian,Apache Junction,Pinal County,Arizona;AND THAT
herewith,the conditions of approval of Ordinance No.1025,be rewritten and
amended as follows:
1)The Phase 1 portion of the commercial/retail center shall be developed
in accordance with the basic configuration and elevations shown on the
submitted amended preliminary Planned Development plan dated March 1999,
except as otherwise conditioned herein.
ORDINANCE NO.1091
PAGE 1 OF 4
2)The permitted uses in the Idaho/Broadway Development shall include
Craft or Hobby Shop,Barber or Beauty Shop,Delicatessen,Restaurants,
Convenience Store,Business Offices,Eye Doctor,Chiropractor,
Laundromat,Video Arcade,Office Supply Store,Photo Copy Store,
Photography Studio,Book or Music Store,Bakery,Florist,Furniture
Store,Sporting Goods Store,Shoe Store,Veterinarian,Pet Shop,Fitness
Studio,Jeweler and other permitted uses of equal or lower intensity as
listed thereof,and to exclude particularly,Filling Station,Auto and
Transmission Repair or Car Wash.
3)The location,number and construction of driveways for Phase 1 of the
commercial/retail center shall be constructed according to City
Engineer,Fire District and ADOT specifications.
4)As part of the final improvement plans for Phase 1,the applicants shall
provide a drainage report and drainage plan for the site,taking into
account both existing and additional drainage control and retention
structures needed,subject to the City Engineer's review and approval.
5)As part of the final improvement plans for the amended Phase 1 area,the
applicants shall provide a landscape plan in accordance with the Apache
Junction City Code,Volume II,Land Development Code,Chapter 6,Article
6-1 Landscape and Screening Requirements,to include,but not
necessarily be limited to:a 25 -foot -deep landscaped frontage along
Idaho Road and along the south boundary of Phase 1,separating and
buffering the commercial area from the residential area;an 8 -foot -high
decorative masonry screen wall along the south boundary of Phase 1;
retention areas and landscape berms for functional,security and
aesthetic purposes.Said landscape plans are subject to approval by the
Parks and Recreation Department,Planning Division and Police
Department.
6)Any other phases/areas of the larger 15 -acre site not proposed for
development at this time shall not be disturbed or graded until Planned
Development plans are approved for other phases of development.
7)Any proposed use,site plan and elevation plans for the future pads,
phases or uses on the 15 -acre property shall be subject to a Planned
Development Major Amendment process,pursuant to the Apache Junction
City Code,Volume II,Land Development Code,Chapter 1 Zoning Ordinance,
Article 19 Planned Development Zoning District,requiring public
hearings before the Planning and Zoning Commission and City Council.
ORDINANCE NO.1091
PAGE 2 OF 4
8)The property owners shall dedicate and improve to the City Engineer's
standards any necessary rights -of -way,as determined by the City
Engineer,including but not necessarily limited to,the North 50 feet
for E.Broadway Avenue and any necessary cut-off corners.Said
improvements may include the provision of curbs,gutters,sidewalks,
driveways,streetlights,pavement widening,retention basins,drainage
culverts,etc.
9)The property shall be developed within 24 months of rezoning approval or
the City Council may take legislative action to revert the zoning to its
former classification according to the Apache Junction City Code,Volume
II,Land Development Code,Chapter 1,Zoning Ordinance,Article 19
Planned Development Zoning District.
10)All construction shall be done in compliance with all applicable codes
and ordinances as adopted in the Apache Junction City Code,Volume II,
including,but not limited to,the Zoning Ordinance,the Uniform
Building Code,Engineering Guidelines and the Uniform Fire Code
(including,but not limited to,the provision of fire apparatus access
roads,the marking of fire lanes and the provision of adequate water
supplies,sprinkler systems and fire hydrants).
11)The developers shall pay all applicable development fees prior to the
issuance of building permits.
SECTION I I 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 20TH DAY OF JULY ,1999.
ORDINANCE NO.1091
PAGE 3 OF 4
SIGNED AND ATTESTED TO THIS 9TH
ATTEST:
KATHLEEN CONNELLY
City Clerk
APPROVED AS TO FORM:
RICHARD J.STERN
City Attorney
ORDINANCE NO.1091
PAGE 4 OF 4
DAY OF MARCH ,2000.
DOUGLAS
Mayor
LEMAN