HomeMy WebLinkAboutORD1249ORDINANCE NO.1249
AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF
APACHE JUNCTION,ARIZONA,AMENDING THE APACHE JUNCTION,
ARIZONA,ZONING ORDINANCE,BY AMENDING THE ZONING DISTRICT
MAP,CITY OF APACHE JUNCTION,ARIZONA,CHANGING THE ZONING
DISTRICT CLASSIFICATION IN REZONING CASE PZ-17-05 FROM CB-
2/PD (GENERAL BUSINESS DISTRICT/MINI STORAGE BY PLANNED
DEVELOPMENT)TO C-2/PD (LOCAL COMMERCIAL ZONE/LIVE-WORK
CONDO UNITS BY PLANNED DEVELOPMENT):REPEALING ANY
CONFLICTING PROVISIONS;AND PROVIDING FOR SEVERABILITY.
WHEREAS,on August 23,2005,the Apache Junction Planning and
Zoning Commission,unanimously voted 6 to 0 to recommend approval of
the request for rezoning,Case PZ-17-05,.to change the zoning district
classification from CB-2/PD to C-2/PD:and
WHEREAS,the Commission's recommendation contains specific
conditions which the City Council hereby determines to provide greater
flexibility in site design,pedestrian,and automotive traffic
circulation,and encourages a more creative design compatible with
existing and proposed land uses in the vicinity of the property in
question;and
WHEREAS,the City Council hereby determines that the proposed
rezoning conforms to all of the general criteria as specified in
Section 19.0109,including compliance with the General Plan,
integration with the surrounding neighborhood,adequate traffic
accommodation,adequate public facilities,existing infrastructure,
and that the design and uses should result in enhancement of the
social,built,and natural environment in the City.
BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
APACHE JUNCTION,ARIZONA THAT:
SECTION I:IN GENERAL
The zoning district classification on the Zoning District Map,City of
Apache Junction,Arizona,for the parcel of land legally described as:
ORDINANCE NO.1249
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The North half of the Southeast quarter of the
Southeast quarter of the Southwest quarter of Section
18,Township 1 North.Range 8 East of the Gila and
Salt River Base and Meridian,Pinal County,Arizona:
except the North 177 feet of the East 173 feet thereof:
and further except the North 33 feet and the East 40
feet thereof:
be and hereby is amended from CB-2/PD (General Business District/Mini
Storage by Planned Development)to C-2/PD (Local Commercial Zone/Live-
Work Condo Units by Planned Development):subject to the following
stipulations:
1)The final plan,building layouts,and future subdivision
plat shall conform substantially with the submitted and
approved concept plan in Case PZ-17-05.
2)The final landscaping plans shall be designed and "wet-
sealed"by an Arizona State Licensed Landscape Architect.
3)The requirements of Section 16.0406 and Section 16.0409
of the Zoning Ordinance are waived to the extent necessary
to permit the platting of the development as shown in Case
PZ-17-05.
4)The permitted uses for the units are as follows:
The second level of the structures is for single
family residential uses only.Home occupations are
prohibited.
The first level of the structures is for commercial/
retail uses as follows:
Financial Services
Insurance and Real Estate Services
Medical Services
Office:Business,Professional,or Semi -Professional
Personal Services,General:
Apparel repair and alteration and custom work
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Arts or crafts:instruction or studio,excluding
on -site welding or kiln
Barber or Beauty Shop
Retail Sales
Antique Store
Apparel Store
Art Store
Bicycle Shop
Book Store
Dealer in coins,stamps or similar collectors items
Florist Shop
Furniture Store
Gift,Curio,Novelty,Toy or Hobby Shop
Jewelry Store,including repair
Leather Goods Store
Photographic Studio or supply store
Shoe Store,including repair
Tailor Shop
Storage of items related directed to the occupant
Business.
Uses similar to those listed above shall be permitted
upon determination by the Zoning Administrator that
such use is of the same general character as at least
one of the listed uses.
5)All open space,including retention areas and street
landscaping,shall be perpetually maintained by a prbperty
owner's association which will be established to provide
for maintenance of the common areas, and for the enforcement
of community rules and regulations.Said rules shall include
language to require review and approval of all new businesses
by the Board of Directors of the.community association.
6)Except as noted herein,all other standard provisions of the
C-2 zoning classification shall apply to the proposed
subdivision.
SECTION II:REPEALING ANY CONFLICTING PROVISIONS
All ordinances and parts of ordinances in conflict with the provisions
ORDINANCE NO.1249
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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 4TH DAY OF OCTOBER ,2005.
SIGNED AND ATTESTED TO THIS 4TH DAY OF OCTOBER ,2005.
DOUGLAS COLEMAN/
Mayor
ATTEST:
KATHLEEN CONNELLY
City Clerk
APPROVED AS TO FORM:
4c -F2d45-
RICHARD JOEL STERN
City Attorney
ORDINANCE NO.1249
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