HomeMy WebLinkAboutRES 23-13 RESOLUTION NO. 23-13
A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY
OF APACHE JUNCTION, ARIZONA, DECLARING AS A PUBLIC
RECORD THAT CERTAIN DOCUMENT FILED WITH THE CITY CLERK
AND TITLED "LEGAL DESCRIPTIONS AND ZONING CONDITIONS
OF CASE NO. P-22-126-PZ (APPLICANT: WW CLYDE/BLOUNT
CONTRACTING) AUTHORIZED UNDER ORDINANCE NO. 1535 FOR A
PLANNED DEVELOPMENT REZONING AND MINOR GENERAL PLAN
AMENDMENT"; REPEALING ANY CONFLICTING PROVISIONS; AND
PROVIDING FOR SEVERABILITY.
WHEREAS, Arizona Revised Statutes Annotated (hereinafter
"A.R.S . ") § 9-802 permits municipalities to enact the provisions
of a code or public record in existence without setting forth
such provisions in full text as long as the adopting ordinance
is published in full text, and one paper copy is filed with the
city clerk and an electronic copy is accessible on the city' s
website, with both made available for public use and inspection;
and
WHEREAS, pursuant to A.R. S. §§ 9-801 (1) and 9-802, such
codes include zoning conditions approved in zoning case and
general plan amendments; and
WHEREAS, city staff has identified such provisions herein,
and it is the intent of the city to declare such documents and
compilations as public records, on file in the office of the
city clerk.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA AS FOLLOWS:
SECTION I IN GENERAL
1 . That certain document titled the "Legal descriptions and
zoning conditions of Case No. P-22-126-PZ (Applicant: WW
Clyde/Blount Contracting) authorized under Ordinance No.
1535 for a planned development rezoning and minor general
plan amendment", of which at least one paper copy is on
file with the city clerk and one electronic copy is
accessible on the city' s website
(www.apa, ileunctioriaz .gov) , is hereby declared to be a
public record, and shall be made available for public use
and inspection.
RESOLUTION NO. 23-13
PAGE 1 OF 2
SECTION II REPEALING ANY CONFLICTING PROVISIONS
All resolutions and parts of resolutions in conflict with the
provisions of this resolution or any part of the codes adopted
herein, are hereby repealed.
SECTION III PROVIDING FOR SEVERABILITY
If any section, subsection, sentence, phrase, clause or portion
of this resolution or any part of the codes or regulations
adopted herein 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 COU CIL OF THE CITY OF
APACHE JUNCTION, ARIZONA, THIS DAY OF , 2023 .
SIGNED AND ATTESTED TO THIS C) DAY OF A ¢ , 2023 .
L
WALTER `CHIP" WILSON
Mayor
Al:
JkDAIFER IENA
City Clerk
APPROVED AS TO FORM:
2'3
RICHARD JOEL STERN
City Attorney
RESOLUTION NO. 23-13
PAGE 2 OF 2
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.Cty o -Apache Junction-
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June 20, 2023 .
Adopted by reference Resolution No. 23-13
For ease of:research, included with Ordinance No. 1535 is the legal description.
300 E. Superstition'Boulevard •Apache Junction,AZ 85119 Ph; (480)474-5092
www.apachejunctionaz.gov
. LEGAL DESCRIPTIONS AND ZONING CONDITIONS OF CASE
NO . P-22-126-PZ (APPLICANT : WW CLYDE/BLOUNT
CONTRACTING) AUTHORIZED UNDER ORDINANCE NO . 1535
FOR A PLANNED DEVELOPMENT REZONING AND MINOR
GENERAL PLAN AMENDMENT
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A) The mayor and council passed Ordinance No. 1535 on June 20,
2023, which approved the planned development rezoning of
the approximately 15-acre WW Clyde/Blount Contracting
property, located at the southeast corner of 12th Avenue and
Vista Road, legally described as follows :
Parcel No. 1 (APN 103-19-021A) , being rezoned from B-4/PD
to B-4/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, Pinal County, Arizona; also known as Pinal County
assessor parcel number 103-19-021A.
Parcel No. 2 (APN 103-19-023A) , being rezoned from B-1 to
B-4/PD:
The South half of the West half 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, Pinal County, Arizona;
Except the West 33 feet deeded to the City of Apache
Junction, recorded in Docket 1322, Page 874; and
Except all coal, oil and minerals from said land as
reserved in the Patent from the United States of America .
Parcel No. 3 (APN 103-19-0300) , being rezoned from B-1 to
B-4/PD:
The North half of the Southeast 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, Pinal 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.
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Parcel No. 4 (APN 103-19-029D) , being rezoned from B-1 to
B-4/PD:
That portion of the South half of the Southeast 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, Pinal County, Arizona, lying North
and East of the Highway Right of Way as shown in Resolution
recorded January 5, 1962 in Docket 312, Page 359;
Except that portion conveyed to the City of Apache Junction
in the Deed recorded in Docket 1341, Page 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 quarter;
Thence South along the East line of the South half of the
Southeast quarter of the Southwest quarter of the Northwest
quarter, a distance of 53 feet to a point;
Thence 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;
Thence North along a line parallel to and 33 feet distant
to the East line of the South half of the Southeast quarter
of the Southwest quarter of the Northwest quarter, a
distance of 20 feet to a point;
Thence 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 feet to a point;
Thence proceeding in a Southeasterly direction to the true
point of beginning; and
Except all coal, oil and minerals from said land as
reserved in the patent from the United States of America.
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Parcel No. 5 (APN 103-19-0550) , being rezoned from B-1 to
B-4/PD:
The North 33 . 00 FT of the South half of the Southeast
quarter of the Southwest quarter of the Northwest quarter
of Section 27, Township 01 North, Range 08 east;
except any portion within the Old West Highway as recorded
in Docket 312, 359 and the Wickiup Road Right of Way as
recorded in Docket 1341, Page 447 Pinal County Recorder,
AZ;
and including 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 East, described
as follows : 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 20. 00 ft
Southeasterly back to the point of beginning, 11, 607 . 00 sq
ft, 0 . 27 acres .
B) The approval is subject to the following zoning conditions :
STANDARD CONDITIONS
1) The development shall reflect substantial compliance and
consistency with the city' s zoning ordinance and the
planned development presented with the site plan in case P-
22-126-PZ 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 engineer.
3) 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
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development fees, including public art fees, shall be paid
at the time of first permit issuance.
4) All perimeter walls/fences, and interior/exterior
landscaping within and immediately adjacent to the proposed
development, shall be owned and maintained in good
condition at all times by the property owners .
5) The developer' s engineer shall meet the civil engineering
improvement plans and document requirements, as outlined in
the previously provided 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 changes from the original
plans associated with this case will require a major
planned development amendment. The Director or their
designee shall interpret the 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 Apache Junction City
Code, Volume II, Land Development Code, Chapter 1, Zoning
Ordinance, Article 1-16 Administration, Section 1-16-
6 (H) (1) (b) . For the purpose of this rezoning approval,
substantial development shall be evidenced by application
for, and receipt of, valid building permits for
architecture, all necessary on-site and off-site
engineering, and site grading.
PROJECT SPECIFIC CONDITIONS
1) A lot combination of parcels 103-19-021A, 103-19-023A, 103-
19-0300, 103-19-029D and 103-19-0550 shall be completed and
recorded prior to the issuance of building permits .
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G
2) The existing 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
shall be extinguished prior to the issuance of building
permits for structures proposed within an existing utility
easement.
3) The existing Federally Patented Easements along Vista Road,
12th Avenue, and Wickiup Road 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, semitrucks, semitrailers, excavators,
bulldozers, dump trucks, cranes, etc. ) shall only access
the site through the ingress/egress located along Old West
Highway.
5) The lease of the existing billboard along Old West Highway
shall not be renewed at the end of its current term.
a . Applicant 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 Termination of Lease no
later than December 1, 2023 with the Termination of
the Lease being effective on 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 Pinal County Assessor Parcel #103-19-03006
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 .
6) A minimum 8' high, decorative wall shall be installed around
the site as depicted on the site plan provided in Case No.
P-22-126-PZ .
7) A maximum of five (5) cargo containers shall be allowed on
the property for the permanent storage of equipment and
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materials onsite. All cargo containers must be painted a
consistent desert tone color, remain rust free, meet
setback requirements, and be located behind the proposed 8'
wall . A request for additional containers shall require an
administrative review and approval by the Development
Services Director or Designee.
8) Standard hours of operation shall be limited from 6am-7pm.
Any outdoor maintenance of vehicles and equipment onsite
shall only be performed during standard business hours . Any
business conducted outside of standard business hours shall
ensure compliance with Apache Junction City Code, Volume I,
Code of Ordinances, Chapter 11, Noise.
9) All outdoor storage of materials, equipment, fuel tanks, and
vehicles (with the exception of personal vehicles parked by
staff in designated parking spaces) shall be properly
screened from all dedicated right-of-way and remain behind
the 8' perimeter wall . The stacking of materials shall not
exceed 8' 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 Staff on 3/22/23 .
12) All outdoor lighting shall be dark sky compliant and
installed in the locations proposed on the Photometric Plan
provided to Staff on 3/22/23 .
13) Landscaping, planted within a minimum 10-foot-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 Apache Junction City Code, Volume II, Land
Development Code, Chapter 1, Zoning Ordinance, Article 1-8,
Landscape Regulations . All trees shall be a minimum of 36"
box.
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