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ORDINANCE NO. 1443 AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, APPROVING A PLANNED DEVELOPMENT MAJOR AMENDMENT, CASE PZ-14-16, FOR AN APPROXIMATELY 4.5 ACRE, GENERAL COMMERCIAL DISTRICT BY PLANNED DEVELOPMENT (“B-1/PD”) -ZONED PROPERTY, ORIGINALLY APPROVED BY ORDINANCE NO. 1168, AND LOCATED AT 2540 WEST APACHE TRAIL, TO AMEND AND EXPAND THE PALLET OF USES FOR FUTURE BUSINESSES IN THE EXISTING DEVELOPMENT; REPEALING ANY CONFLICTING PROVISIONS; AND PROVIDING FOR SEVERABILITY. WHEREAS, on November 19, 2002, the Mayor and City Council passed Ordinance No. 1168, allowing the Meridian Redevelopment Area to be rezoned from General Rural (“GR”), Transitional Zone (“TR”), General Business Zone (“CB-2"), General Commercial District (“C-3”) and Light Industry and Warehouse Zone (“CI-1”) to General Commercial District by Planned Development (“C-3/PD”) and Light Industry and Warehouse Zone by Planned Development (“CI-1/PD”); and WHEREAS, on May 6, 2014, pursuant to Ordinance No. 1402, the City adopted a new zoning ordinance and zoning district maps, effectively renaming the zoning district of the property from “C- 3/PD” to “B-1/PD"%, but otherwise leaving Ordinance No. 1168 in full force and effect; and WHEREAS, on or about November 14, 2016, a new planned development amendment application was received, proposing to amend Ordinance No. 1168 by expanding the allowable uses on the property; and WHEREAS, on January 24, 2017, the Planning and Zoning Commission recommended approval of Case No. PZ-14-16 by a 7 to 0 vote, subject to conditions. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AS FOLLOWS: ORDINANCE NO. 1443 Page 1 of 4 SECTION I IN GENERAL That the planned development plan for the parcel of land legally described as: That portion of the Northwest quarter of Section 19, Township 1 North, Range 8 East of the Gila and Salt River Base and Meridian, Pinal County, Arizona, described as follows: Commencing at a found pipe marking the Center Quarter Corner of said Section 19, from which a brass cap in handhole marking the North quarter corner of said Section bears North 00°05 minutes 00 seconds West, a distance of 2645.64 feet; Thence North 89 degrees 57 minutes 53 seconds West along the East West mid- section line, a distance of 600.00 feet; Thence North 00 degrees 05 minutes 00 seconds West, a distance of 150.00 feet to a point on the North right-of-way of East Apache Trail and the Point of Beginning; Thence continuing North O00 degrees 05 minutes 00 seconds West, a distance of 495.00 feet; Thence South 89 degrees 57 minutes 53 seconds East, a distance of 400.00 feet; Thence South 00 degrees 05 minutes 00 seconds East, a distance of 495.00 feet; Thence North 89 degrees 57 minutes 53 seconds West, a distance of 400.00 feet to the Point of Beginning; (also known as Pinal County Assessor parcel 101-05-141A). be and hereby is amended to allow for an amended and expanded palette of commercial uses on the property, subject to the following conditions of approval: 1) The uses particular to this parcel are restricted to the land use matrix contained in case file PZ-14-16, dated January 16, 2017, with the exception of the following uses: Pawn Shop, Check Cashing Store, Used Merchandise Sales, and Group Care Homes. ORDINANCE NO. 1443 Page 2 of 4 2) Any future use request that is not part of the land use matrix will be subject to a Planned Development Major Amendment. SECTION II REPEALING ANY CONFLICTING ORDINANCES All ordinances and parts of ordinances in conflict with the provisions of this ordinance or any part of the codes 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 codes or regulations 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 OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS pS DAY OF CLV Kae 4 Aha /f . ' 2017. J SIGNED AND ATTESTED TO THIS ax DAY OF FEDBRLIRY , 7 2017. WH 4 JERP/SERDY // Mayor ATTEST: KATHLEEN CONNELLY oA City Clerk ORDINANCE NO. 1443 Page 3 of 4 APPROVED AS TO FORM: Ay AIG1E RICHARD JOEL STERN City Attorney ORDINANCE NO. 1443 Page 4 of 4 ‘4 ( Iplan Consulting MUSTANG CENTER | 2540 WEST APACHE TRAIL CITY OF APACHE JUNCTION - ZONING CODE COMPARISON C-3/PD (GENERAL COMMERCIAL DISTRICT) (ORD NO. 1168) | B-1/PD (GENERAL COMMERCIAL DISTRICT) REVISED: JANUARY 16, 2017 The following Land Use Comparison Table illustrates a side-by-side assessment of uses permitted in the existing Apache Junction Zoning Ordinance for the equivalent B-1 (General Commercial) zoning district to those uses currently permitted by the governing C-3; Planned Development (PD) (Council Ordinance No. 1168), along with the those uses proposed as part of the requested PD amendment for the property. USEs: Yes designates permitted ‘by-right’ use within the respective zoning district. No designates prohibited use. CUP designates use permitted on approval of a Conditional Use Permit (Section 1-16- 12 (D) — Apache Junction Zoning Ordinance). AUP designates use permitted on approval of a administrative permit by the Development Services Director (Section 1-16-12 (C) - Apache Junction Zoning Ordinance). “A” identifies uses permitted as an accessory or incidental use to a primary permitted use only. X identifies use not listed in Apache Junction Zoning Ordinance (05-06-14), nor PD Ordinance No. 1168. Fess Gray highlighted row, along with “Bold” typeface in the PD Amendment column, identifies new uses proposed to be permitted or prohibited for the property. Land Use Comparison Table Ord. No PD Use Category 1168° Amendment C-3/PD (B-1) B-1 Retail Trade (NAICS Code 44-45) New Vehicle Sales/Service/Repair Yes Yes Yes Used Vehicle Sales/Service/Repair Yes X No RV Sales/Service/Repair CUP Xx No Manufactured/Mobile Home Sales CUP xX No ' City of Apache Junction Zoning Ordinance - current (05-06-2014), * City of Apache Junction Council Ordinance No. 1168 (existing Planned Development Overlay District). Iplan Consulting | Planning and Entitlement 3317 S. Higley Road, Suite 114-622, Gilbert, AZ 85297 a 4 Iplan Consulting Land Use Comparison Table | Ord.No PD Use Category 1168" Amendment C-3/PD (B-1) B-1 Boat, ATV & Motorcycle Sales/Service Yes X No Bicycle and Motorcycle Shop (service/repair must be conducted wholly within a complexly enclosed building). X Yes Yes Semi-Truck Service/Repair CUP X No Semi-Truck Stop No X No _ Automotive Parts and Accessory Sales Yes X Yes Furniture and Home Furnishing Sales Yes Yes Yes Electronics and Appliance Sales/Repair Yes Yes Yes Building Materials and Supplies Sales (Indoors and/or Outdoors) CUP Yes Yes Lawn and Garden Equipment/Supply Sales Yes Xx No Feed and Fertilizer Sales CUP X No Nursery/Greenhouses with On-Site Sales CUP xX No Grocery, Convenience, Department Stores Yes Yes Yes Shopping Centers Yes Yes Yes Specialty Retail Stores Yes Yes Yes Beer, Wine and Liquor Sales Yes Yes Yes Health, Pharmacy and Personal Care Sales Yes Yes Yes Gasoline Sales Yes Yes Yes Gasoline Stations with Convenience Store Yes Yes Yes Clothing and Accessories Yes Yes Yes Jewelry, Luggage and Leather Sales Yes Yes Yes Sporting Goods, Hobby, Books and Music Sales Yes Yes Yes Department Stores and Warehouse Clubs Yes Yes Yes Florist and Novelty Gift Sales Yes Yes Yes Office Supply Sales” Yes aX Yes Used Merchandise Sales is Yes Xe _Yes Pet and Pet Supply Sales Yes Yes Yes Art and Craft Sales Yes Yes Yes Tobacco Sales Yes X No Electronic Shopping and Mail-Order Sales Yes Xx No Vending Machine Sales Yes X No Bottled Gas Dealers CUP X No Coal, Firewood and Biofuel Sales _ CUP X A_ Bakery Sales (baking for store sales only) Yes Yes Yes Medical Marijuana Facilities CUP X No Swap Meets CUP xX No Revised: January 2017 Mustang Center | Apache Junction Zoning Code Comparison Page 2 of 9 Ct ( Iplan Consulting Land Use Comparison Table Ord. No PD Use Category 11687 Amendment C-3/PD (B-1) B-1 Farmers Markets ep aha, CUP Xt a ee CUR: | Pawn Shops Yeosteri tn X Yes . Retail Carts and Kiosks AUP. X AUP Printing Shop Yes Yes Yes Finance and Insurance (NAICS Code 52) Finance and Insurance Office/Sales/Brokers Yes Yes Yes Banks and Credit Unions Yes Yes Yes Financing Sales Yes Yes Yes Securities/Commodities Offi ice/Sales/Exchanges Yes Yes Yes Check Cashing Store Yes X Yes Real Estate, Rental and Leasing (NAICS Code 53) Real Estate Office, Agents and Brokers Yes Yes Yes Vehicle Rental and Leasing Yes X No ; Machinery and Equipment Rental (Indoor) Yes 4 Yes Machinery and Equipment Rental (Indoor/Outdoor) CUP x No Professional, Scientific and Tech. (NAICS Code 54) | Legal and Accounting Yes Yes Yes Engineering/Surveying Yes Yes Yes Architectural Yes Yes Yes Planning and Design Yes Yes Yes Consulting Yes Yes Yes Scientific Research Yes Yes Yes Advertising and Public Relations Yes Yes Yes Photography Yes Yes Yes Veterinary Yes Yes Yes Education Services (NAICS Code ou AllTypes of Schools tiiigeet sds Yes mace Yes Educational Support Services Yes. x Yes Revised: January 2017 Mustang Center | Apache Junction Zoning Code Comparison Page 3 of 9 a ‘A Iplan Consulting Land Use Comparison Table _ Use Category Amendment C-3/PD (B-1) ———B-t—- | Health Care and Social Assistance (NAICS Code 62) Physicians, Dental and Health Practitioners Yes Yes Yes Outpatient Care Centers Yes Yes Yes Medical and Diagnostic Labs Yes Yes Yes Home Health Care Services Yes X Yes _ Ambulatory Health Care Services Yes x Yes Blood and Organ Banks Yes X Yes General Medical and Surgical Hospitals Yes xX Yes - Psychiatric & Substance Abuse Facilities | -Yes x Yes Nursing and Residential Care Facilities Yes X No Individual and Family Care Services Yes xX Yes Homeless Shelter Yes X No Community Food and Relief Services Yes Xx No Vocational Rehab Services Yes X Yes Child Day Care Services Yes Yes Yes Ambulance Services Xx Yes Yes Arts, Entertainment and Recreation (NAICS Code 71) Performing Arts Facilities Yes Yes Yes Spectator Sports Facilities CUP Yes Yes Museums and Historical Sites Yes Yes Yes Zoos, Nature Parks and Botanical Gardens CUP xX No Amusement Parks CUP x No indoor Arcades Yes X Yes Gambling Facilities CUP X No Private Recreational Facitities (Outdoor) CUP xX No Private Recreational Facilities (Indoor) Yes Yes Yes Movie Theater (indoor) Xx Yes Yes Public Recreational Facilities AUP. X AUP Public Outdoor Music Festivals/Events AUP X No Private Outdoor Music Festivais/Events CUP X No Accommodation and Food Services (NAICS Code 72) Hotels, Motels and Bed & Breakfast Inns Yes Yes Yes RV Parks and Campgrounds CUP X No Revised: January 2017 Mustang Center | Apache Junction Zoning Code Comparison Page 4 of 9 ( ( lplan Consulting Land Use Comparison Table | Ord.No PD Use Category 1168" Amendment C-3/PD (B-1) B-1 Rooming and Boarding Houses Yes X No Full Service Restaurants Yes Yes Yes Limited Service Restaurants Yes Yes Yes Delicatessen Yes Yes Yes Caterers Yes Yes Yes Confectionary and Ice Cream Sales Yes Xx Yes Drinking Places (serving alcohol) Yes A No Restaurants/Bars/Clubs (with Amplified Outdoor Music) CUP x No Other Services (NAICS Code 81) General Automotive Repair Yes A A Body Shops CUP X No Car Washes Yes x No Electronic Equipment Maintenance & Repair Yes X Yes Business Equipment Maintenance & Repair Yes Xx Yes Furniture Repair & Maintenance Yes Yes Yes Footwear and Leather Goods Repair Yes Yes Yes Personal and Household Goods Repair Yes x Yes Laundry and Dry Cleaning Services Yes bax Yes Laundry Services, Coin-Operated or Similar Self- : Service | xX Xx Yes Hair, Nails and Skin Care Services Yes Yes Yes Tattoo Services Yes X No Death Care Services Yes xX No Cemeteries and Crematories CUP Xx No Linen and Uniform Supply Yes xX No Pet Care (no overnight boarding / day care) Yes X Yes Animal Hospitals Yes LeXtE Yes Kennels Yes Xx No Taxidermist CUP X cuP Photo Services Yes Yes Yes Commercial Parking Lots and Garages CUP X No Religious and Fraternal Organizations Yes Yes Yes Social Advocacy Organizations Yes X Yes Human Rights Organizations Yes _x _Yes _ Conservation Organizations AGS x Yes Revised: January 2017 Mustang Center | Apache Junction Zoning Code Comparison Page 5 of 9 ( ( Iplan Consulting _Land Use Comparison Table Use Category Amendment B-1 Business and Prof. Organizations Yes Yes Yes Labor Organizations ae Yes mee X Yes Political Organizations : Yes Xe Yes Commercial Equestrian Boarding, Rentals, Arenas and Academies CUP Xx No Public Admin. (NAICS Code 92) Government Offices and Courts Yes Yes Yes Library Xx Yes Yes Detention/Correctional Facilities No xX No Correctional Institutions No x No Mining, Quarrying, Gas and Oil (NAICS Code 21) Oil and Gas Extraction CUP X No Mining No X No Quarrying _ No X No Utilities (NAICS Code 22) Electric Power Generation? _ CUP X CUP. Water and Sewerage Systems/Facilities __ cup xX CUP | Other Utilities = oe | § 1-6-21 Xx _§ 1-6-21 Alternative Energy Generation Facilities § 1-6-16 X § 1-6-16 Manufacturing (NAICS Code 31 - 33) Food manufacturing No x No Animal Slaughtering No Xx No Beverage Manufacturing _ No X No Tobacco Manufacturing No xX No Textile Mills No xX No Appare! Manufacturing No Xx No Leather/Allied Product Manufacturing No x No Wood Product Manufacturing No X No Paper Manufacturing No X No 3 See § 1-6-16 (B) for altemate energy production regulations. Revised: January 2017 Mustang Center | Apache Junction Zoning Code Comparison Page 6 of 9 4 ( Iplan Consulting i Land Use Comparison Table Ord. No PD Use Category 1168° Amendment C-3/PD (B-1) B-1 Printing and Publishing (Non-Retail) No X No Petroleum and Coal Products Manufacturing _ No X No Chemical Manufacturing No X No Plastics and Rubber Manufacturing No X No Non-Metallic Mineral Product Manufacturing No X No Primary Metal Manufacturing No Xx No Fabricated Metal Product Manufacturing No X No Foundries No x No Machinery Manufacturing No X No Computer & Electronic Manufacturing No X No Elec. Equip./Appliance Manufacturing No X No Transportation Equip. Manufacturing __ No Xx No Furniture and Related Product Manufacturing No X No Miscellaneous Manufacturing No x No Ancillary Manufacturing Yes* X No Wholesale Trade (NAICS Code 42) Durable Goods No X No Non-Durable Goods No xX No Construction (NAICS Code 23) Contractors office, shop and/or storage (indoors) Yes Xx No Contractors office, shop and/or storage (indoors and/or outdoors) CUP x No ‘Craftsman and Artisan (indoors) inl aeeees xX Yes Craftsman and Artisan (indoors or outdoors) CUP xX No * An ancillary manufacturing use is a subsidiary or secondary use or operation connected to the main use of a building. Ancillary manufacturing uses identified in manufacturing sections 31-31 of the 2012 North American Industry Classification System (“NAICS”) shall be allowed in the B-1, B-2 or B-3 zoning districts if incidental and subordinate to the primary retail, office, public or quasi/public use, provided that not more than 50%, up to a maximum of 1,500 square feet, of the floor area of the business is engaged in these ancillary manufacturing activities. No outside manufacturing, processing, repair or equipment/inventory storage shall be allowed for ancillary uses (see Section t-6-26). Ancillary manufacturing uses proposed to be greater than 1,500 square feet and/or 50% of the total floor area may be approved as a conditional use by the Planning and Zoning Commission (see Section 1-6-26). Revised: January 2017 Mustang Center | Apache Junction Zoning Code Comparison Page 7 of 9 Iplan Consulting Land Use Comparison Table Ord. No PD Use Category 11687 Amendment C©-3/PD (B-1) Bt ___| Transportation and Warehousing (NAICS Code 48-49) Truck Transportation Terminal No X No Bus Transportation Terminal CUP x No Air Transportation Terminal No X No Taxi and Limousine Service Yes X No Towing Truck Parking and Storage No X No Scenic and Sightseeing Terminal/Parking CUP X No Postal, Courier and Delivery Service CUP Yes Yes General Warehouse and Storage (indoor) No Xx No Mini-Warehouse CUP X No Distribution Facilities No X No Outside Storage Yards CUP X No Information (NAICS Code 51) Newspaper, Periodical and Book Publishing Yes Yes Yes Motion Pictures and Sound Recording Indus. ‘CUP x Yes Broadcasting and Recording Yes Yes Yes Telecommunications - Yes X Yes Data Processing Yes xX. Yes Administrative and Support and Waste Management and Remediation Services (NAICS Code 56) Burglar Alarm Monitoring Service X Yes Yes Office Administration Services Yes Yes Yes Employment Services Yes xX Yes Business Support Services Yes Yes Yes Travel Services Yes Yes Yes Investigation and Security Services _ Yes X Yes Cleaning, Landscaping and Exterminating Serv. Yes X No Waste Management and Remediation Serv. No x No | Agriculture (NAICS Code 11) Crop Production Yes xX No Greenhouse and Nursery CUP X No Beef, Dairy, Sheep, Goat and Hog Production No X No Revised: January 2017 Mustang Center | Apache Junction Zoning Code Comparison Page 8 of 9 Iplan Consulting in _Land Use Comparison Table Ord. No PD Use Category 1168" Amendment C-3/PD (B-1) B-1 Poultry and Egg Production No xX No Aquaculture No X No Residential Uses Single-Family Detached Residential No X No Multi-Family Residential CUP Xx No Assisted Living Facility Yes X No Group Care Home CUP X CUP Live/Work Unit CUP X No Misc. Uses, Structures & Installations Solar Panels® Yes _X Yes" Alternate Energy Production Facilities® CUP X CUP Waste Tire Collection and/or Storage No X No Adult Oriented Uses No X No Outdoor Activities CUP xX No Helipads. CUP X CUP Temp. Uses/Structures See § 1-6-23 Xx See § 1-6-23 | Signs See § 1-11 X See § 1-11 Lighting See § 1-10 x See § 1-10 Landscaping _ See § 1-8 aX _ See § 1-8 Parking | See § 1-7 OK See § 1-7 Solar Panels See § 1-6-16 X See § 1-6-16 Fences/Walls See § 1-6-3 X See § 1-6-3 _ Mobile Food Services See § 1-6-23 X See § 1-6-23 Cargo Containers See § 1-6-8 _ X _See § 1-6-8 Outdoor Storage and Outdoor Activities See § 1-6-9 X See § 1-6-9 Revised: January 2017 Mustang Center | Apache Junction Zoning Code Comparison Page 9 of 9