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HomeMy WebLinkAboutORD1252ORDINANCE NO.1252 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-10-05,A REQUEST BY RANDALL MELANCON.ON BEHALF OF EFFIDEEN AMEERALLY,FROM GR (GENERAL RURAL ZONE)AND CB -2 (GENERAL BUSINESS ZONE)TO C-2/PD (LOCAL COMMERCIAL DISTRICT BY PLANNED DEVELOPMENT), REPEALING ANY CONFLICTING PROVISIONS:AND PROVIDING FOR SEVERABILITY. WHEREAS,on September 28,2005,the Apache Junction Planning and Zoning Commission voted unanimously 7 to 0 to recommend approval of rezoning request PZ-10-05:and WHEREAS.the Commission's recommendation contained conditions which the City Council hereby determines that the proposed'rezoning 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 uses.and further allows diversification in the relationship of various uses,structures.and spaces:and WHEREAS,the proposed rezoning conforms to all of the general criteria as specified in Section 19.0109 of the Zoning Ordinance. including compliance with the General Plan,ensuring integration with the surrounding neighborhood.adequate traffic accommodation.adequate public facilities infrastructure exists,and that the future design and uses should result in enhancement to the social.built.and natural environment in the City. 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: The East 190.8 feet of the North 660 feet of the West 700 feet of the following described property: ORDINANCE NO.1252 PAGE 1 OF 5 The East half of the West half of the Southwest quarter AND the East Half of the West half of the West Half of the South west quarter of Section 20,Township 1 North,Range 8 East, of the Gila and Salt River Base and Meridian,except any portion lying within US Highway 60;also known as Pinal County Assessor Parcel Number 101-16-006D, be and hereby is amended from GR (General Rural Zone)and CB -2 (General Business Zone)to C-2/PD (Local Commercial District by Planned Development),subject to the following stipulations: 1.Any proposed use,site plan,landscape plan and elevations for any future development on the remaining portions of the 2.9 acre property not proposed for development under building permit number BLD2005-00654 shall be subject to a Planned Development Major Amendment,pursuant to the Apache Junction City Code,Volume II,Land Development Code,Chapter 1,Zoning Ordinance. Article 19,Planned Development Zoning District. 2.Prior to any development,the owner shall dedicate and improve,to the City Engineer's standards,any necessary rights -of -way,both internal and external to the site.Said improvements may include,but are not necessarily limited to,curbs,gutters,sidewalks, driveways,streetlights,and retention basins.The City Engineer may also require a recorded cross -access agreement between neighboring developments. 3.Except as conditioned herein,all other standard provisions of the C-2 zoning district apply to any existing or future development,including,but not limited to,main building setbacks,site coverage and building height. 4.The following are the onlY permitted uses for the subject parcel: A.Residential:residential uses are prohibited. ORDINANCE NO.1252 PAGE 2 OF 5 B.Civic:permitted principal civic uses in the C-1 and C-2 zoning districts excluding specifically fire protection services,postal services,community recreational,social,or multi -purpose facility,lodge,fraternal,and civic assembly. C.Commercial:permitted principal commercial uses in the C-1,and C-2 zoning districts:excluding specifically Pawn Shops,Taxicab stands,nursery and green ,house. 5.Any request for deviation from the recommended allowed uses or design' standards shall require the processing of a major planned development amendment. 6.All development phases shall contain pedestrian elements including shaded walkways,delineated pedestrian walks in the parking areas and pedestrian linkages to Gold Drive and Apache Trail.-Final designs shall comply with the City of the Apache Junction Design Guidelines. 7.Building elevations shall contain dolor tones and palettes and architectural features consistent with the City of the Apache Junction Design Guidelines. 8.The developer shall install an eight (8)foot tall masonry wall along the eastern and southern property line of the entire three(3)acre development site (Pinal County Assessor Parcel Number 101-16-006D). 9.Upon development of the northern one hundred forty-five feet (145')of the subject property,the billboard encroaching thereon must be brought into compliance with applicable billboard regulations. 10.All landscape plans must be prepared by an Arizona Registered Landscape Architect. ORDINANCE NO.1252 PAGE 3 OF 5 11.For the development proposed under building permit number BLD2005-00654.Section 16.0406(3)of the Zoning Ordinance is modified to permit up to 9.000 square feet of floor area and Section 16.0409(1)(a)of the Zoning Ordinance is modified to reduce the required front yard setback from twenty feet (20')to fifteen feet (15'). 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 15TH DAY OF NOVEMBER .2005. SIGNED AND ATTESTED TO THIS 23RD DAY OF FEBRUARY ,200k.,2006. DOUGLAS COLEMAN Mayor ATTEST: KATHLEEN CONNELLY City Clerk ORDINANCE NO.1252 PAGE 4 OF 5. APPROVED AS TO FORM: 9:906 RICHARD JOEL STERN City Attorney ORDINANCE NO.1252 PAGE 5 OF 5