HomeMy WebLinkAboutORD1411ORDINANCE NO. 1411
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-7-14, A CITY-
INITIATED CORRECTIVE REZONING FOR A PROPERTY OWNED BY
GAYLE CHINNELL, FROM RECREATIONAL VEHICLE PARK ("RVP")
TO GENERAL COMMERCIAL DISTRICT BY PLANNED DEVELOPMENT
("B-1/PD"); REPEALING ANY CONFLICTING PROVISIONS; AND
PROVIDING FOR SEVERABILITY.
WHEREAS, the subject property is a non -conforming property
which has been used as a recreational vehicle ("RV") and
manufactured homes rental space park since prior to the City
adopting its March 1985 Zoning Ordinance, pursuant to Ordinance
No. 350; and
WHEREAS, pursuant to case PZ-5-02, Ordinance No. 1170, at
the request of the previous property owners, Stuart and Georgia
Schroeder, the property was conditionally rezoned from General
Rural ("GR") to General Commercial District by Planned Develop-
ment ("C-3/PD"), to allow for a future commercial development
opportunity; and
WHEREAS, on May 6, 2014, pursuant to Ordinance No. 1402,
the City adopted a new zoning ordinance and zoning district
maps; and
WHEREAS, said new zoning district maps inadvertently
rezoned the subject property from a commercial planned develop-
ment zoning district back to an RV park zoning district,
probably because the existing use was and still is an RV park;
and
WHEREAS, on or about October 1, 2014, the current property
owner approached Development Services staff, indicated that she
had a commercial developer interested in the property and wanted
to check on the zoning status of the property, at which point it
was discovered that the property had been inadvertently rezoned
back to RVP; and
ORDINANCE NO. 1411
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WHEREAS, on October 28, 2014, the Planning and Zoning
Commission directed staff to initiate a corrective rezoning for
the property, back to an appropriate commercial planned
development zoning district; and
WHEREAS, on November 25, 2014, the Planning and Zoning
Commission voted to recommend approval of rezoning case PZ-7-14
by a vote of 7-0, subject to the conditions recommended by
Planning Staff; and
WHEREAS, the City Council hereby determines that the
proposed rezoning conforms to or will conform 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 West two (2) acres of the South half of the
Southwest quarter of the Southwest quarter of the
Southwest quarter of Section 17, 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 100-30-031);
be and hereby is amended from Recreational Vehicle Park ("RVP")
to General Commercial District by Planned Development ("B-1/
PD"), subject to the following conditions of approval:
1) The permitted palette of uses for the future development of
parcel 100-30-031 shall include: offices, professional/
ORDINANCE NO. 1411
PAGE 2 OF 4
semi-professional/medical, eating establishments (drive
through types permitted), deli with incidental beer and
wine sales only, florist, electrical appliance store, drug
store, grocery store, laundromat, financial services,
hardware store, sporting goods store, veterinarian: small
animals, pet store, barber or beauty shop, jeweler and any
other similar low intensity uses deemed by the Zoning
Administrator to be of the same general character,
specifically prohibiting residential and civic uses,
mortuary/crematory, taxicab stand, and pawn shop.
2)Any proposed use, site plan, landscape plan and elevations
for any future development on the two acre property for a
use not within the palette of uses mentioned in #1 above or
for a use which proposes deviations from the city's
standard requirements 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 1-4-3 Planned
Development Zoning District, requiring public hearings
before the Planning and Zoning Commission and City Council.
3)Any redevelopment on the site shall require the developers
to dedicate and improve to the City Engineer's standards
any necessary right of ways internal and external to the
site. Said improvements may include but not necessarily be
limited to the provision of curbs, gutters, sidewalks,
driveways, streetlights, retention basins, etc.
4) Any use or development of said property may be conditioned
upon the provision of public improvements, a decorative
masonry perimeter wall and landscaping in accordance with
the provisions of the city's landscape and screening
requirements and amendments thereto. The provisions of the
Uniform Building Code and all other city codes, policies,
guides, standards shall apply and control all design and
construction of improvements.
5) Any future developers shall pay all applicable development
fees prior to the issuance of building permits.
6)All construction shall be done in compliance with all
applicable codes and ordinances, including the City of
ORDINANCE NO. 1411
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Apache Junction Zoning Ordinance, the Uniform Building Code
and the Uniform Fire Code (including but not limited to,
the provision of sufficient fire apparatus access roads the
marking of fire lanes and the provision of adequate water
supplies, sprinkler systems and fire hydrants).
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
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 COUNCIL FOF THE CITY OF
APACHE JUNCTION, ARIZONA, THIS (0 -171 DAY OF ,
SIGNED AND ATTESTED TO THIS 4 174-DAY OF
/
HN S. INSALACO
Mayor
ATTEST:
.Z:277:Ae e.
KATHLEEN CONNELLY
4
City Clerk
APPROVED AS TO FORM:
12-2k-14
RICHARD JOEL STERN
City Attorney
ORDINANCE NO. 1411
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