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HomeMy WebLinkAboutORD1185ORDINANCE NO.1185 AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF APACHE JUNCTION,ARIZONA,APPROVING A PLANNED DEVELOPMENT MAJOR AMENDMENT,CASE PZ-5-03,FOR APPROVAL OF A DEVELOPMENT PLAN AND ARCHITECTURAL ELEVATIONS FOR A 2400 SQUARE FOOT POTTERY AND MATERIALS STORAGE WAREHOUSE ON A ±.3 GROSS -ACRE,CI- 1/PD (LIGHT INDUSTRY AND WAREHOUSE ZONE BY PLANNED DEVELOPMENT)ZONED PROPERTY,LOCATED AT THE NORTHEAST CORNER OF WEST 22' AVENUE AND SOUTH COCONINO DRIVE,BY AMENDING ORDINANCE NO.984:REPEALING ANY CONFLICTING PROVISIONS:AND PROVIDING FOR SEVERABILITY. WHEREAS,the Mayor and City Council of the City 'of Apache Junction,Arizona on March 18.1997,passed and adopted Ordinance No.984,amending the Apache Junction,Arizona,Zoning Ordinance,by amending the Zoning District Map,City of Apache Junction,Arizona, changing the zoning classification in rezoning case PZ-19-96 from CB -2 (General Business Zone)to CI-1/PD (Light Industry and Warehouse Zone by Planned Development);and WHEREAS,Ordinance No.984 is still in full force and effect;and WHEREAS,on July 22,2003,the Apache Junction Planning and Zoning Commission voted 6-0 to recommend approval of the Planned Development Major Amendment request for rezoning case PZ-5-03, preferring site plan "A"over other submittals,with certain deviations to the Apache Junction City Code,Volume II,Land Development Code, Chapter 6.Article 6-1,Landscape and Screening Requirements, particular to this development as conditioned herein;and WHEREAS,the Commission's recommendation contained conditions which the Council hereby determines to provide greater flexibility in land use planning and encourages a more creative design compatible with existing and proposed land uses in the vicinity of the property in question;and WHEREAS,the proposed Major Amendment,subject to the conditions set forth herein,enables the use and integration of contemporary land ORDINANCE NO.1185 PAGE 1 OF 4 planning principles in such a manner to promote its most appropriate use,and further allows diversification in the relationship of various uses,structures,and spaces. 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.984 be amended for the purpose of approving a Planned Development concept plan specifically for a 2400 square foot pottery and materials storage warehouse,as described herein,and in case file PZ-5-03 for the property legally described as follows: Lots 326 and 327,Superstition Villa,according to the plat of record in the office of the Pinal County Recorder of Pinal County,Arizona,in Book 12 of Maps.Page 39 and rededicated in Docket 430,Page 600. AND Lot 328,Superstition Villa,according to the plat of record in the office of the Pinal County Recorder of Pinal County,Arizona,in Book 12 of Maps,Page 39 and rededicated in Docket 430,Page 600. The conditions of approval of Ordinance No.984 are hereby amended and supplemented as follows: 1.All other pertinent conditions of Ordinance No.984 are still in full force and effect. 2.Final Development plans shall conform substantially to Plan A and elevations as described in case file PZ-5-03,except as otherwise conditioned herein. 3.As part of the final improvement plans for the development,the applicants shall submit 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,and amendments thereto,and as allowed or required under this Planned Development Major Amendment to include,but not necessarily be limited to: ORDINANCE NO.1185 PAGE 2 OF 4 A.Succulents may be substituted for up to 25%of the required trees and shrubs provided that:succulents installed in lieu of shrubs shall be at least twenty-four (24)inches in height at time of installation and succulents installed in lieu of trees are at least six (6) feet in height at the time of installation. 4.The property shall be substantially developed within 24 months of Planned Development plan approval 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 19 Planned Development Zoning District, Section 19.0111.4. 5.Any development on the site shall require the developers to dedicate and improve,any necessary rights -of -way,internal and external to the site.Said improvements may include,but are not necessarily limited to,the provision of curbs,gutters, sidewalks,driveways,streetlights,and retention basins. 6.All construction shall be completed in compliance with all applicable City codes,policies,guides,standards and ordinances,including the City of Apache Junction Zoning Ordinance,the Uniform Building Code 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)except as otherwise conditioned herein. 7.Pinal County Assessor Parcel Numbers 102-22-326A and 102-22-328 shall be combined prior to the issuance of building permits. 8.All applicable development fees shall be paid prior to the issuance of building permits. SECTION II:REPEALING ANY CONFLICTING PROVISIONS All ordinances and parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. ORDINANCE NO.1185 PAGE 3 OF 4 SECTION III:PROVIDING FOR SEVERABILITY 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 2ND DAY OF SEPTEMBER ,2003. SIGNED AND ATTESTED TO THIS 2ND DAY OF SEPTEMBER ,2003 DOUGLAS' COLEMAN Mayor ATTEST: KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM: 40-- 82/.09 RICHARD JOEL STERN City Attorney ORDINANCE NO.1185 PAGE 4 OF 4