HomeMy WebLinkAboutORD1231ORDINANCE NO.1231
AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE
CITY OF APACHE JUNCTION,ARIZONA,APPROVING A PLANNED
DEVELOPMENT MAJOR AMENDMENT,CASE PZ-3-05,A REQUEST
BY RED MOUNTAIN RETAIL GROUP,REPRESENTED BY ERIC
NELSON TO AMEND THE PLAN OF DEVELOPMENT TO ALLOW FOR
REDUCED SIDE YARD SETBACKS AND PARKING REQUIREMENTS BY
AMENDING ORDINANCE NO.1168:REPEALING ANY CONFLICTING
PROVISIONS:AND PROVIDING FOR SEVERABILITY.
WHEREAS,the Mayor and City Council of the City of Apache Junction,
Arizona on November 19,2002,passed and adopted Ordinance No.1168,amend-
ing the Apache Junction,Arizona,Zoning Ordinance,by amending the Zoning
District Map,City of Apache Junction,Arizona,changing the zoning classifi-
cation in rezoning Case PZ-4-02 from GR (General Rural),TR (Transitional
Zone).CB -2 (General Business Zone),C-3 (General Commercial District).and
CI -1 (Light Industry and Warehouse Zone)to C-3/PD (General Commercial
District by Planned Development)and CI-1/PD (Light Industry and Warehouse
Zone by Planned Development);and
WHEREAS,on March ,22,.2005,the Apache Junction Planning and Zoning
Commission held a public hearing on this Planned Development Major Amendment
request,Case'PZ-3-05;and
WHEREAS,the Commission's recommendation contains specific conditions
which 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,City Council hereby determines that the proposed amendment
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
infrastructure exists,and that the design and uses should result in enhance-
ment to the social,built,and natural environment in the City.
NOW,THEREFORE,BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE
CITY OF APACHE JUNCTION,ARIZONA,AS FOLLOWS:
ORDINANCE NO.1231
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SECTION:IN GENERAL
That the conditions of approval of Ordinance No.1168 be amended for the
purpose of approving a Planned Development Amendment to allow for reduced
side yard building setback requirements and to reduce the required number of
parking spaces for the subject parcel as described herein and in Case file
PZ-3-05 for the properties legally described as follows:
Parcel Number One,also known as Pinal County Assessor
Parcel Number 101-05-138,described as that part of the
Northwest quarter of Section 19,Township 1 North, _Range
8 East of the Gila and Salt River Base and Meridian,-
Pinal County,Arizona,BEGINNING at a point 350 feet North
of the Southeast corner of the Northwest quarter of said
Section 19,- thence North 180 feet,thence West,parallel
to the South line ofthe Northwest :quarter,a distance of
200 feet,thence South,a distance of 180 feet,thence
East 200 feet to the POINT OF BEGINNING:
and
Parcel Number Two,also known asjpinal County Assessor
Parcel NuMber1.01 65-139.described—a that part of the
Northwest quarter of Section 19:Township 1 North.Range
8 East of the Gila and Salt River Base and Meridian,
Pinal County, Arizona,BEGINNING at the Southeast corner
of said Northwest quarter:of'Section 19.thence North on
the East-line thereof a distance of 350 feet,thence West
a distance of 200 feet,thence South :a distance of 350
feet,thence East a distance of 200 feet to the POINT OF
BEGINNING;EXCEPT the South 150 feet thereof for State
Highway.
The conditions of Ordinance No.1168 are hereby amended and supplemented as
follows,specific only to the subject.site described above:
1)The West building setback is permitted to be zero feet
(zero lot line)and the East building setback is permitted
to be 8 feet.Both modifications apply only to the primary
building. only.
ORDINANCE NO.1231
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2)Parking shall be provided in similar quantities as those
shown on the site plan provided in Case PZ-3-05:the
minimum parking space total shall be 65 spaces.
3)To compensate for the reduced setbacks,the developer
shall provide 25% more plants than required in the Apache
Junction City Code,Volume II,Land Development Code,
Chapter 6,Article 6-1,Landscaping and Screening
Requirements,subject to :any other requirements of
Ordinance No.1168.
4)In addition to any other requirements of Ordinance No.
1168,the final building design and site plan shall
reflect and incorporate the design guidelines as approved
in Resolution No.04-06.
5)All other conditions of Ordinance No.1169 remain in
full force and effect.
6)There are to be no deliveries to the property after 10:00 p.m.
and not before 6:00 a.m.
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,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 19TH DAY OF APRIL ,2005.
SIGNED AND ATTESTED TO THIS 9TH DAY OF MAY ,2005.
ORDINANCE NO.1231
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DOUGLAS CtLEMAN
Mayor
ATTEST:
KATHLEEN CONNELLY
City Clerk
APPROVED AS TO FORM:
RICHARD JOEL STERN
City Attorney
ORDINANCE NO.1231
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