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Home My WebLink AboutRES 01-23RESOLUTION NO. 01-23 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, APPROVING A CONDITIONAL USE PERMIT, CASE NO. CUP -7-01, ALLOWING EARNHARDT PROPERTIES TO ERECT ONE DETACHED SIGN WHICH IS TALLER AND LARGER IN FACE AREA THAN NORMALLY ALLOWED, ON THEIR COMMERCIAL ZONED PROPERTY LOCATED AT 3400 SOUTH TOMAHAWK ROAD. WHEREAS, on or about August 3, 1999, the Apache Junction City Council voted to approve Resolution No.99-47, authorizing the City to enter into a "Pre -annexation and Economic Development Agreement with Earnhardt Properties Limited Partnership"; and WHEREAS, the Development Agreement included a provision obligating the City as follows: "Assist Developer on comprehensive review of signage for the Property as part of the City design and development process, including, but not limited to, two (2) signs not to exceed eighty feet (80') in height, each with a square footage display area not to exceed four hundred fifty (450) square feet per side"; and WHEREAS, a separate provision in said Development Agreement also obligated the Developer as follows: "Comply with all zoning, planning, engineering, landscaping and screening requirements as are applicable to construction of said improvements, and rezoning of the subject Properties which are in effect at the time building permits are issued"; and WHEREAS, on or about May 2, 2000, the Apache Junction City Council voted to approve Ordinance No. 1126, approving the planned development plan for Phase 1 of the Earnhardt property. The Ordinance also clarified that a Conditional Use Permit (CUP) process would be required for "taller or larger" signage, and that said CUP would be subject to a Planning and Zoning Commission recommendation and final decision by the City Council; and WHEREAS, a CUP application was filed by Christine Ruegsegger ("Applicant") for Earnhardt Properties ("Property Owner") on November 30, 2001, in the Planning Division of the Development RESOLUTION NO. 01-23 Page 1 of 5 Services Department, pursuant to the Apache Junction City Code, Volume II,Land Development Code,Chapter 1,Zoning Ordinance, Article 21 Sign Code, for one detached ground sign to be located on the property at 3400 South Tomahawk Road, Apache Junction, Arizona.The property is legally described as follows: The Northeast quarter of the Southeast quarter of Section 33, Township 1 North, Range 8 East of the Gila and Salt River Base and Meridian, Pinal County, Arizona; EXCEPT the South 594 feet thereof; and EXCEPT that portion deeded to the State of Arizona which lies Northerly and Easterly of the following described line: BEGINNING at a point on the East line of said Section 33, which point bears South 0 degrees 06 minutes 00 seconds East 434.00 feet from the East quarter corner of said Section 33; THENCE South 89 degrees 54 minutes 00 seconds West 57.01 feet; THENCE North 7 degrees 13 minutes 26 seconds West 346.68; THENCE North 85 degrees 24 minutes 06 seconds East, 1103.97 feet (measured) North 85 degrees 23 minutes 15 seconds West 1103.73 feet (record) to the POINT OF ENDING on the North line of said Northeast quarter of the Southeast quarter of Section 33; and EXCEPT parcel conveyed to the City of Apache Junction by Deed recorded in Document No. 00-6291 and re-recorded in Document No. 01-8781, records of Pinal County, Arizona, described as follows: COMMENCING at the East quarter corner of Section 33, Township 1 North, Range 8 East, thence South 04 degrees 36 minutes 35 seconds West, 606.85 feet to a point on the Westerly right-of-way of Tomahawk Drive, said point being the True Point of Beginning; THENCE along the West right-of-way of Tomahawk Drive South 00 degrees 05 minutes 57 seconds East, 121.24 feet; THENCE South 89 degrees 56 minutes 48 seconds West, 1271.96 feet, said point being on the Easterly right-of-way of South Cactus Road; THENCE along said right-of-way North 00 degrees 06 minutes 08 seconds West, 80.00 feet; THENCE North 89 degrees 56 minutes 48 seconds East, 1005.66 feet; THENCE along a tangent curve to the left having a radius of 456.00 feet and an arc length of 68.72 feet; THENCE North 81 degrees 18 minutes 44 seconds East, 66.00 feet; THENCE along a tangent curve to the right having a radius of 544.00 feet and an arc length of 81.98 feet; RESOLUTION NO. 01-23 Page 2 of 5 THENCE North 89 degrees 56 minutes 48 seconds East, 30.91 feet; THENCE North 44 degrees 55 minutes 25 seconds East, 28.27 feet, said point being the TRUE POINT OF BEGINNING; and WHEREAS, the Planning and Zoning Commission met in special session on January 8, 2002 and voted 4 in favor and 2 opposed to forward the following recommendation to the City Council: I move that the Planning and Zoning Commission recommend approval of case CUP -7-01, a Conditional Use Permit request by Fluoresco Lighting and Signs on behalf of Earnhardt Properties, to allow a detached sign that is taller and larger than the current code allows subject to the following conditions: 1)A 60' sign shall be allowed. 2)The sign shall contain no more than 250 square feet of sign area per sign face. 3)The address of the property shall be displayed on the sign structure but shall not be included in the allowable sign area. 4)In no case shall the sign violate any provision of Article 21,Sign Code,Section 21.22. 5)All required permits for erection of the sign shall be applied for and approved prior to sign installation. 6)The property shall be limited to only one detached sign; and WHEREAS, on January 15, 2002, the Applicant presented evidence to the Apache Junction City Council that the use set forth in the application, the manner of its conduct, and all structures involved will not be detrimental to persons residing or working in the area,to the adjacent property, to the neighborhood, or to the public welfare in general. NOW, THEREFORE, BE IT RESOLVED that Earnhardt Properties be granted an eighty -foot (80') high (measured from ground level), 250 square -foot, detached sign on the property located at 3400 South Tomahawk Road, in accordance with the recommendation of the Planning and Zoning Commission, for the following reasons: RESOLUTION NO. 01-23 Page 3 of 5 1)Freeway signage taller than normally allowed is reasonable and appropriate for the property given its location and use. 2)There will be no detrimental effects on the character of the freeway corridor, nearby property or the community from this taller sign structure. And further, the following conditions apply to the CUP: 1)The sign shall contain no more than 250 square feet of sign area per sign face. 2)The address of the property shall be displayed on the sign structure but shall not be included in the allowable sign area. 3)In no case shall the sign violate any provision of Article 21,Sign Code,Section 21.22. 4)All required permits for erection of the sign shall be applied for and approved prior to sign installation. 5)The property shall be limited to only one detached sign. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS 15TH DAY OF JANUARY 2002. SIGNED AND ATTESTED TO THIS 16TH DAY OF JANUARY 2002. DOUGLAS FOLEMAN Mayor ATTEST: KATHLEEN CONNELLY City Clerk RESOLUTION NO. 01-23 Page 4 of 5 APPROVED AS TO FORM: 16 -OR RICHARD J. STERN City Attorney RESOLUTION NO. 01-23 Page 5 OF 5