HomeMy WebLinkAboutORD1190ORDINANCE NO.1190
AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE
JUNCTION,ARIZONA,APPROVING A PLANNED DEVELOPMENT MAJOR
AMENDMENT,CASE PZ-11-03,A REQUEST BY JULI MCDAID,ON BEHALF OF
BUD AND JOAN MITCHELL,TO AMEND THE PLAN OF DEVELOPMENT TO ALLOW
AN 8,000 SQUARE FOOT SITE EXPANSION TO INCLUDE PARKING AND
STORAGE AREAS ON A ±.45 GROSS -ACRE CI-1/PD (LIGHT INDUSTRY AND
WAREHOUSE ZONE BY PLANNED DEVELOPMENT)ZONED PROPERTY,LOCATED
±90 FEET SOUTH OF THE INTERSECTION OF WEST 22°AVENUE AND SOUTH
COCONINO DRIVE ON THE WEST SIDE BY AMENDING ORDINANCE NO.1128:
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 P7-19-96 from CB -2
(General Business Zone)to CI-1/PD (Light Industry and Warehouse Zone
by Planned Development);and
WHEREAS,the Mayor and City Council of the City of Apache
Junction,Arizona,on June 6,2000,passed and adopted Ordinance No.
1128,amending the plan of development by approving a development plan
and architectural elevations for a commercial/residential painting
business as described in case PZ-6-00:and
WHEREAS,on October 28,2003,the Apache Junction Planning and
Zoning Commission voted unanimously (7-0)to recommend approval of the
Planned Development Major Amendment request,case P7-11-03:and
WHEREAS,the Commission's recommendation contained conditions
which the Council hereby determines to provide greater flexibility in
land use 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
planning principles in such a manner to promote its most appropriate
ORDINANCE NO.1190
PAGE 1 OF 4
use,and further allows diversification in the relationship of various
uses,structures,and spaces.
NOW,THEREFORE,BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE
CITY OF APACHE JUNCTION,ARIZONA,AS FOLLOWS:
SECTION I IN GENERAL:
That the conditions of approval of Ordinance No.1128 be amended under
case file PZ-11-03 for the purpose of approving a Planned Development
Amendment to allow an 8,000 square foot site expansion to include
parking and storage on the properties legally described as follows:
Lots 358,359,360,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 361,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 362,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
Also known as Pinal County Assessor Parcel Numbers 101-22-359A,101-22-
361.101-22-362.
The conditions of approval of Ordinance No.1128 are hereby amended and
supplemented as follows:
1)The text of Ordinance No.1128 shall be amended as follows:
Section I:In General
12)(Deleted)
ORDINANCE NO.1190
PAGE 2 OF 4
15)The trash enclosure shall be placed in the
southwest corner area of the development.
Furthermore,the General Development Regulations contained in Ordinance
No.1128 pertaining only to this development shall be amended and
supplemented as follows:
2)The final development plans shall conform substantially to
submitted site plan and landscape plan as described in case
file PZ-11-03.
3)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.
4)Pinal County Assessor Parcel Numbers 102-22-359A,102-22-361
and 102-22-362 shall be legally combined prior to permit
issuance.
5)The gate located on the western property line shall be used
for emergency purposes only.Non -emergency use of said gate
is prohibited.
6)Paint or any other commodity shall not be stored higher than
six feet (6')high on the property.
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:
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.
ORDINANCE NO.1190
PAGE 3 OF 4
PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE
JUNCTION,ARIZONA,THIS 2ND DAY OF DECEMBER ,2003.
SIGNED AND ATTESTED TO THIS 2ND DAY OF DECEMBER ,2003.
ATTEST:
KATHLEEN CONNELLY
City Clerk
APPROVED AS TO FORM:
_g --//03
RICHARD JOEL STERN
City Attorney
ORDINANCE NO.1190
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DOUGLAS FLEMAN
Mayor