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HomeMy WebLinkAboutORD1193ORDINANCE NO.1193 AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF APACHE JUNCTION,ARIZONA,APPROVING A PLANNED DEVELOPMENT MAJOR AMENDMENT.CASE PZ-13-03,A REQUEST BY ROBERT WILKENING FOR APPROVAL OF A DEVELOPMENT PLAN AND ARCHITECTURAL ELEVATIONS FOR A 2,400 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. 1185;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 City of 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,the Mayor and City Council of the City of Apache Junction,Arizona,on September 2,2003,passed and adopted Ordinance No.1185 amending the plan of development for a 2,400 square foot pottery and materials storage warehouse as described in case PZ-5-03; and WHEREAS,on November 25,2003,the Apache Junction Planning and Zoning Commission voted 5-1 to recommend approval of the Planned Development Major Amendment request in rezoning case PZ-13-03,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 and stipulated herein;and WHEREAS,the Commission's recommendation contained conditions which the City Council hereby determines to provide greater flexibility in land use and encourages a more creative design compatible with ORDINANCE NO.1193 PAGE 1 OF 4 existing and proposed land uses in the vicinity of the property in question. NOW,THEREFORE,BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA THAT: SECTION I IN GENERAL: The conditions under Ordinance No.1185 be amended for the purpose of approving a Planned Development concept plan specifically for a 2,400 square foot pottery and materials storage warehouse,as described herein and in case file PZ-13-03.The property is 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.1185 are hereby amended and supplemented as follows: 1)Conditions 1,4,5,6,7,and 8 of Ordinance No.1185 are still in full force and effect. 2)Final Development plans shall conform substantially to submitted site plan and as described in case file PZ-13-03,except as otherwise conditioned herein. 3)The proposed building shall have 75%of each exterior facade stuccoed and the stuccoing of the perimeter wall shall not be required as submitted in case file PZ-13-03. 4)As part of the final improvement plans for the development the ORDINANCE NO.1193 PAGE 2 OF 4 applicant 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. 5)Utility lines on private property shall be undergrounded. Pre-existing underground utilities in the alley may remain. 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. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA.THIS 6TH DAY OF JANUARY .2004. SIGNED AND ATTESTED TO THIS 9TH DAY OF MARCH ,2004. DOUGLAS COEMAN Mayor ATTEST: KATHLEEN CONNELLY City Clerk ORDINANCE NO.1193 PAGE 3 OF 4 APPROVED AS TO FORM: -4-04 RICHARD JOEL STERN City Attorney ORDINANCE NO.1193 PAGE 4 OF 4