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HomeMy WebLinkAboutORD1262ORDINANCE NO. 1262 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-1-06, FROM CI- 1 (LIGHT INDUSTRY AND WAREHOUSE ZONE) TO CI-1/PD (LIGHT INDUSTRY AND WAREHOUSE ZONE BY PLANNED DEVELOPMENT); REPEALING ANY CONFLICTING PROVISIONS; AND PROVIDING FOR SEVERABILITY. WHEREAS, on February 28, 2006, the Apache Junction Planning and Zoning Commission voted to recommend approval of the proposed rezoning request PZ-1-06, by a vote of 5 to 0; and WHEREAS, the Council hereby determines that the proposed rezoning conforms to all of the applicable criteria as specified in the City. of Apache Junction Zoning Ordinance,Article 19,PlannOLDevelopment Zoning District, Section 19.0109 General.Criteria,and is in compliance with the General Plan, integrates with the• stirounding neighborhood, adequately .a&comModates traffic, will have adequate public facilities, and that the design and uses should result in enhancement to the social, built, and natural environment in the City. NOW, THEREFORE, be it ordained 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: Lot 26, Baseline Industrial Park Subdivision, according to the plat of record in the Office of the County Recorder of Pinal County, Arizona, as Cabinet C, Slide 60; said sub -division being located in a portion of the Southwest quarter of Section 33, Township 1 North, Range 8 East of the Gila and Salt River Base and Meridian, Pinal County, Arizona ORDINANCE NO. 1262 PAGE 1 OF 5 be and hereby is amended from CI -1 (Light Industry and Warehouse Zone) to CI-1/PD (Light Industry and Warehouse Zone .by'Planned Development), subject to the following conditions of approval: 1) The storage lot shall be used for recreational vehicles, boats and general public storage purposes, but shall not be used for the storage of contractor construction equipment, vehicles or supplies. •2)All on site lighting shall comply with City of Apache Junction Zoning Ordinance, Article 23 Outdoor Light Control Regulations (commonly known as the "Dark Sky Ordinance"). 3) The mini -storage units along the site's eastern perimeter may be constructed at a zero feet setback against the east property line; the north end of said mini -storage building may be constructed at a zero feet setback aga=inst the site's north property line; and, the:mihistbrage building may also be construdpe,d t .ja,zer0 fpet etback against the south property fine within the 29 -foot wide drainage easement ai'ea'1-,,-but:-only after the property owner receives and presents to the City's Planning Division, all of the following documents: a) A letter of affirmative support for the drainage easement encroachment from the Chairperson of the Baseline Industrial Park Owners Association. b) Letters of affirmative support for the drainage easement encroachment from the owners of lots 27 and 28 (who are also affected by the drainage easement). c) A letter from a registered Civil Engineer justifying the drainage easement encroachment and assuring the City that said encroachment will not negatively impact any properties served by the drainage easement. d) A recorded Affidavit of Correction, drawn and stamped by a registered land surveyor, deleting from the subdivision plat the part of the drainage easement on Lot 26 requested for building area. PRDINANCE NO. 1262 PAGE 2 OF 5 4) The site shall be developed in accordance with the submitted site plan, and all construction shall be done in compliance with all applicable building codes and other Codes currently used by the City of Apache Junction.Any mechanical equipment such as HVAC units shall be ground mounted. 5) The developer shall pay all applicable development fees at the time of permit issuance for the mini- storage building. 6) Should the property ever be proposed to be developed with a different use, new uses shall be permitted as specified by City of Apache Junction Zoning Ordinance Sections 16.0101(b), 16.0201(b), 16.0201(c) and Section 17.0101, except for the following uses which will be prohibited: - Advertising sign, structure or billboard subject to Article 21 -Bar, cocktail lounge, night club, tavern -Baths (Turkish, Swedish, steam, etc.) -Fair, carnival or tent show for not longer than fifteen (15) days, if sufficient parking area for patrons is provided - Massage establishment, reducing salon or gymnasium - Motorcycle or motor scooter repair or storage that is not completely in an enclosed building -Sale, rental or display of: airplanes or parts, abtomobiles or vehicles that are not in working condition, display of contractor's equipment or supplies (no general storage .of inoperable or junk heavy equipment or construction materials is permitted, but rentals, sales and incidental repair of the same as part of a rental or sale .business is permitted), garaae equiprrh,ent-, pet• -.(no boarding or hospital), pe..upp,a1 second-hand goods, -second-h'andautoiDdrts.; tiaileis (no • ORDINANCE NO. 1262 PAGE 3 OF 5 storage of old mobile or manufactured homes or inoperable RVs) •-Junk yards of any kind - A manufactured home or an RV as a caretaker's residence -Sales of used auto parts, tire rebuilding or recapping -Poultry or rabbit killing incidental to a. retail business on the same property - Airport, airstrip or landing field SECTION II:REPEALING ANY CONFLICTING PROVISIONS All ordinancesand 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 o.f .the code adopted herein by reference, is for any!rl,dason held to be invalid or unconstitutional by the :decisionof any court of competent jurisdiction, SuCh decisiOn'shald7noi affect the validity of the remainingportion;:theregf. PASSED AND ADOPTED BY THE MAYOR AND. CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS'21ST s DAY OF MARCH ,2006. SIGNED AND ATTESTED TO THIS 21ST DAY OF MARCH ,2006. ' ' / 4 :7 2 4 1 DOUGLAS COLEMAN/ Mayor ATTEST: KATHLEEN CONNELLY City Clerk ORDINANCE NO. 1262 PAGE 4 OF 5 APPROVED AS TO FORM: o6 RICHARD JOEL STERN City Attorney ORDINANCE NO. 1262 PAGE 5 OF 5