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HomeMy WebLinkAboutORD1232ORDINANCE NO.1232 AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,APPROVING A PLANNED DEVELOPMENT MAJOR AMENDMENT,CASE P7-5-05,A REQUEST BY E.BOYCE JASPER TO AMEND THE PLAN OF DEVELOPMENT BY ABANDONING THE EXISTING PLAN IN CASE P7-8-04,BY .:-REPEALING ORDINANCE NO.1207 AND PROVIDING FOR A.--LIMITED .USE PALLET PENDING FUTURE DEVELOPMENT;REPEALING ANY CONFLICTING PROVISIONS;AND PROVIDING FOR SEVERABILITY.. WHEREAS,on September 7,2004,the Apache Junction City Council, after review and a recommendation for.approval by the Planning and Zoning Commission,approved the request for rezoning,Case PZ-8-04,to change the zoning district classification from C-1 ("Neighborhood Commercial/Convenience District")to C-1/PD ("Neighborhood Commercial/ Convenience District by Planned Development")for a specific office development,subject to conditions of development;and WHEREAS,the property owner of the subject parcel has since abandoned the office development plan and is seeking to sell the property to others "as -is";and WHEREAS,the Apache Junction Planning and Zoning Commission held a public hearing on Case PZ-5-05 on April 26,2005,and voted to recommend approval of this request by a 6 to 0 vote. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA THAT: SECTION I:IN GENERAL A)Ordinance No.1207 is hereby repealed. B)The zoning district classification on the Zoning District Map,City of Apache Junction,Arizona,for the parcel of land legally described as: Part of the West half of the Northwest quarter of The Northwest quarter of the Northwest quarter of ORDINANCE NO.1232 PAGE 1 OF 4 Section 30,Township 1 North,Range 8 East of the Gila and Salt River Base and Meridian,Pinal County. Arizona,more particularly described as follows: Beginning at the Southwest corner of above, the true point of beginning;thence due East 144 feet:thence North 130 feet;thence due West 144 feet;thence due South 130 to the point of beginning;except the West 50 feet thereof. Be and hereby is amended from C-1 to C-1/PD,subject to the following stipulations: 1)The following are the only permitted uses of the subject parcel: Administrative services for nonprofit organizations Cultural exhibits and library services Religious assembly Administrative and professional services,business support services,including mimeographing and publication,but excluding printing Convenience sale Food and beverage retail sales Insurance and real estate services Medical services Office:business,professional,or semi-professional Apparel repair or alteration Arts or crafts:instruction or studio,excluding on -site welding or kiln Barber or beauty spop Catering services Custom .. Custom dressmaOhg,'Wyinery,herh8titthing,or pleating Custom weavingor nepd* Dog grooming Retail sales •! , Antique store Apparel store Art,needlework,or hand weaving establishment Bakery ORDINANCE NO.1232 PAGE 2 OF 4 Bicycle shop,excluding motorcycle repair or sales Dealer in coins,stamps,or similar collector's items Delicatessen store Dry goods or notions store Florist shop Gift,curio,novelty,toy or hobby shop Grocery,fruit or vegetable store Hardware storel Jewelry store,induding)-epair Leather goods store..T.', Photographic studio,,including supplies Shore stdre .,including rep6ir' Sporting goods - Tailor ShOp -' 2)The existing structure can be utilized as is,where is. Any future expansion or reconstruction of the building shall require a major planned development amendment. 3)The property owner shall install a three foot (3')high wall along Meridian Road to screen the view of the parking area from the public right-of-way,provide a paved access way from the street to the parking area,and shall landscape the frontage in -front of the wall on Meridian in full compliance with the City's landscaping and screening code. SECTION II: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,subsection,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 21ST DAY OF JUNE ,2005. ORDINANCE NO.1232 PAGE 3 OF 4 SIGNED AND ATTESTED TO THIS 28TH DAY OF JUNE 2005. ATTEST: KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM: RICHARD J.STERN City Attorney ORDINANCE NO.1232 PAGE 4 OF 4 DOUGLAS COLEMAN Mayor