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HomeMy WebLinkAboutORD1410ORDINANCE NO. 1410 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 FOR THE PROPERTY DESCRIBED IN REZONING CASE PZ-5-14, A REQUEST BY HECTOR AND YVONNE M. MARTINEZ, AND ROBERT L. AND JEANETTE G. POWER, REPRESENTED BY HECTOR MARTINEZ, FROM MEDIUM/HIGH DENSITY SINGLE-FAMILY DETACHED RESIDENTIAL, CONVENTIONAL OR MANUFACTURED HOME PERMITTED (RS -7M) TO GENERAL COMMERCIAL DISTRICT BY PLANNED DEVELOPMENT (B-1/PD); REPEALING ANY CONFLICT- ING PROVISIONS; AND PROVIDING FOR SEVERABILITY. WHEREAS,the subject property is a non -conforming property which has been used as an auto repair business since prior to the City adopting its March 1985 Zoning Ordinance, pursuant to Ordinance No. 350; and WHEREAS, during the public hearings conducted in 2014, in which the City was considering the adoption of a new zoning ordinance and zoning district maps, the property owners requested that the City Council correct the zoning on their property to commercial as part of the process; and WHEREAS, the property owners requested the zoning correc- tion so that the auto repair business would have proper zoning, which would then allow them to make certain improvements to their property (such as new signage and possible future building expansions), which they could not do as long as the property was nonconforming; and WHEREAS, it has been the property owners' desire to continue operating the auto repair business and make improve- ments to the property for the benefit of said business; and WHEREAS, on May 5, 2014, the Apache Junction City Council adopted said new zoning ordinance and zoning district maps, and directed staff to work with the property owners on a city- initiated planned development rezoning of their property; and ORDINANCE NO. 1410 PAGE 1 OF 4 WHEREAS, under the proposed B-1/PD (General Commercial District by Planned Development) zoning, the property owners are agreeable to making landscaping, screening, paving and other improvements to the property right away, as well as a zoning condition which will require a new public hearing process if another type of business or deviations from standard zoning requirements are proposed for the property in the future; and WHEREAS, on October 28, 2014, the Planning and Zoning Commission voted to recommend approval of rezoning case PZ-5-14 by a vote of 6-0, subject to the conditions recommended by Planning Staff; and WHEREAS, the City Council hereby determines that the proposed rezoning conforms to all of the general criteria as specified in the Apache Junction City Code,Volume II,Land Development Code,Chapter 1,Zoning Ordinance,Section 1-5-3, B- 1 Non -Residential Use Regulations,and Section 1-4-3,Planned Development ("PD") District,including compliance with the General Plan, integration with the surrounding neighborhood, adequate traffic accommodation, adequate public facilities, extension of infrastructure, and that the design and uses should result in enhancements to the social, built, and natural environments in the City. NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF APACHE JUNCTION, ARIZONA, AS FOLLOWS: SECTION I IN GENERAL That the zoning district classification on the Zoning District Map, City of Apache Junction, Arizona, for the parcel of land legally described as: The North 90 feet of the North half of the West half of the Southwest quarter of the Southwest quarter of the Northwest quarter of Section 30, Township 1 North, Range 8 East of the Gila and Salt River Base and Meridian, Pinal County, Arizona (also known as Pinal County Assessor parcel 102-34-031D); be and hereby is amended from RS -7M (Medium/High Density Single- family Detached Residential, Conventional or Manufactured Home ORDINANCE NO. 1410 PAGE 2 OF 4 Permitted) to B-1/PD (General Commercial District by Planned Development), subject to the following conditions of approval: 1)Upon rezoning of the property, the site shall be developed in accordance with the submitted site plan within one year of rezoning approval, or the zoning may be subject to reversion by legislative action of the City Council. 2)All signage on the property shall comply with the City's Sign Code, including the removal and/or relocation of the existing sign in the city's right-of-way, onto the property. 3)All construction proposed on the property, including the installation of new signs, shall be subject to proper permits and inspections. 4 All future construction on the property is subject to compliance with all other adopted City codes and ordinances, including but not necessarily limited to, the city's Zoning Ordinance, Engineering Guidelines, Landscape and Screening Requirements, and Commercial Design Guidelines. 5)The property owners shall dedicate to the City any additional right-of-way as may be required by the City Engineer. 6)Any request for deviation from the city's development standards, or for future uses other than auto repair, shall require a separate planned development amendment, rezoning, landscape code appeal or conditional use permit process first, as may be appropriate. 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 ORDINANCE NO. 1410 PAGE 3 OF 4 reference, is for any reason held to be invalid or unconsti- tutional 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 COUNCIIA OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS iota DAY OFD6e..-Oil e,2014. SIGNED AND ATTESTED TO THIS aRA49 DAY OF _keer1dt5„2014. ATTEST: KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM: /1-17/4 RICHARD JOEL STERN City Attorney ORDINANCE NO. 1410 PAGE 4 OF 4