HomeMy WebLinkAboutORD1180ORDINANCE NO.1180
AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF
APACHE JUNCTION,ARIZONA,APPROVING A PLANNED DEVELOPMENT
MAJOR AMENDMENT,CASE PZ-2-03,TO AMEND THE PLAN OF
DEVELOPMENT FOR THE MOUNTAIN VIEW LUTHERAN CHURCH CAMPUS,
A ±11 NET -ACRES CR-5/PD (MULTI -FAMILY RESIDENCE ZONE BY
PLANNED DEVELOPMENT) -ZONED PROPERTY. LOCATED AT THE NORTHWEST
CORNER OF OLD WEST HIGHWAY AND SOUTH GOLDFIELD ROAD,PREVIOUSLY
APPROVED BY CASE PZ-8-00,BY AMENDING ORDINANCE NO.1143;
REPEALING ANY CONFLICTING PROVISIONS:AND PROVIDING FOR
SEVERABILITY.
WHEREAS,on November 7,2000.the Mayor and City Council approved
Ordinance No.1143 which rezoned the church property and approved a
Planned Development plan for the property which featured a day care,
assisted living,independent living facilities,elementary.school,new
fellowship hall,and site and street improvements for the entire ±11
net -acre site:and
WHEREAS,The Mountain View Lutheran Church desires to amend its
plan by deleting the proposed day care,assisted living,independent
living facilities,and certain site and street improvements more
particularly described in Case PZ-2-03:and
WHEREAS,the Apache Junction Planning and Zoning Commission,at
their meeting of April 22,2003,recommended approval of the proposed
amendments by a vote of 6-0-0.
NOW,THEREFORE,BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE
CITY OF APACHE JUNCTION,ARIZONA THAT:
SECTION I IN GENERAL:
That Ordinance No.1143 be amended for the purpose of deleting the day
care,assisted living,independent living facilities and certain site
and street improvements for the Mountain View Lutheran Church located
at the northwest corner of Old West Highway and South Goldfield Road.
The amended planned development plan described herein and in Case PZ-2-
03.features three structures,an existing sanctuary,an existing
ORDINANCE NO 1180
PAGE 1 OF 4
administration building,a new fellowship hall/elementary school,and
partial on -site and off -site site street improvements for the property
legally described as:
The South half of the Northwest quarter of the Southeast quarter of the
Southeast quarter and the Southeast quarter of the Southeast quarter of
Section 27,Township 1 North,Range 8 East of the Gila and Salt River
Base and Meridian,Pinal County,Arizona:
EXCEPT the East 50 feet and the South 50.feet of the East half of the
Southeast quarter of the Southeast quarter of Section 27,lying North
of the Northeasterly Right -of -Way line of U.S.Highway 60:and a 20-
foot cutoff more particularly described as follows:
COMMENCING at the Southeast corner of the East half of the Southeast
quarter of the Southeast quarter of the Southeast quarter of Section
27;
thence North (assumed)a distance of 70 feet:thence West,a distance
of 50 feet to the POINT OF BEGINNING;
thence Southwesterly approximately 28.28 feet to a point 50 feet North
and 70 feet West of said Southeast corner;
thence East,a distance of 20 feet:
thence North,a distance of 20 feet to the POINT OF BEGINNING as deeded
to the City of Apache Junction in Docket 1379,Page 925 and re-recorded
in Docket 1390,Page 338:and
EXCEPT the East 50 feet of the South half of the Northeast quarter of
the Southeast quarter of the Southeast quarter of Section 27 as
conveyed to the City of Apache Junction in Docket 1368,Page 83;and
EXCEPT the West 33 feet of the South half of the Northeast quarter of
the Southeast quarter of the Southeast quarter of Section 27 as
conveyed to the City of Apache Junction in Docket 1389,Page 421;and
EXCEPT any portion lying within the Old West Highway right-of-way:and
Except all coal,oil,gas and other mineral deposits as reserved in
Patent from the United States of America recorded in Docket 672.Page
134 and in Docket 158,Page 487.
The conditions of approval are hereby amended as follows:
ORDINANCE NO.1180
PAGE 2 OF 4
1)All other pertinent conditions of Ordinance No.1143 are still in
full force and effect.
2)The property shall be developed with the planned development and
zoning deviations requested and in accordance with the
configuration shown on the submitted development plan,in case file
PZ-2-03,except as otherwise conditioned herein.
3)I f in the future,i t becomes feasible for the Church to
substantially comply with the original plan under Case P7-8-00,a
Major Planned Development Amendment shall not be required.Any
proposed use other than approved under Case PZ-8-00 of the
remaining eleven (11)acre site must be approved through a Major
Planned Development Amendment 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.
4)All construction shall be done in compliance with all applicable
codes and ordinances,including the City of Apache Junction Zoning
Ordinance.the Uniform Building Code,Engineering Guidelines and
the Uniform Fire Code (including,but not limited to,the provision
of sufficient fire apparatus access roads the marking of fire lanes
and the provision of adequate water supplies,sprinkler systems and
fire hydrants).
5)Areas indicated on the submitted development plan to be re -seeded
with a native desert hydro -seed mixture shall not be graded or
disturbed nor used for any other purpose until appropriate
development plans for the remaining undeveloped portion of the site
are approved.
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:
ORDINANCE NO.1180
PAGE 3 OF 4
If any section,sub -section,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 6TH DAY OF MAY ,2003
SIGNED AND ATTESTED TO THIS 6TH
ATTEST:
KATHLEEN CONNELLY
City Clerk
APPROVED AS TO FORM:
RICHARD JOEL STERN
City Attorney
ORDINANCE NO.1180
PAGE 4 OF 4
DAY OF MAY ,2003.
7444
DOUGLAS gkEmAN
Mayor