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HomeMy WebLinkAboutORD1429ORDINANCE NO. 1429 AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,APPROVING A PLANNED DEVELOPMENT MAJOR AMENDMENT,CASE PZ-4-16,FOR A .41 ACRE, GENERAL COMMERCIAL DISTRICT BY PLANNED DEVELOPMENT ("B-1/PD")-ZONED PROPERTY,ORIGINALLY APPROVED BY ORDINANCE NO.961,AND LOCATED AT 351 NORTH IRONWOOD DRIVE,TO ESTABLISH A PALLET OF USES FOR FUTURE COMMERCIAL DEVELOPMENT;REPEALING ANY CONFLICTING PROVISIONS; AND PROVIDING FOR SEVERABILITY. WHEREAS,on October 15,1996,the Mayor and City Council passed Ordinance No. 961, allowing the subject site to be rezoned from General Rural ("GR")to Neighborhood Commercial by Planned Development ("C-1/PD") to be redeveloped into a small bookstore; and WHEREAS, the bookstore was never developed; and WHEREAS, on May 6, 2014, pursuant to Ordinance No. 1402, the City adopted a new zoning ordinance and zoning district maps, effectively renaming the zoning district of the property from "C- 1/PD" to "B-1/PD", but otherwise leaving Ordinance No. 961 in full force and effect; and WHEREAS,on or about February 4,2016,a new planned development amendment application was received, proposing to amend Ordinance No. 961 by expanding the allowable uses on the property; and WHEREAS, on April 12, 2016, the Planning and Zoning Commission recommended approval of Case No. PZ-4-16 by a 7 to 0 vote, subject to conditions. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AS FOLLOWS: ORDINANCE NO. 1429 Page 1 of 3 SECTION I IN GENERAL That the planned development plan for the parcel of land legally described as: Lot 4 block 2, Apache Addition Acres, according to book 5 of maps, page 32, records of Pinal County, Arizona; except the east 147.09 feet of the south 100 feet; and except the north 29.2 feet of said lot 4; and except the following described property deeded to the City of Apache Junction recorded as 1999-014448,described as follows:The west 17 feet of lot 4,block 2,Apache Addition Acres, according to book 5 of maps, page 32, records of Pinal County,Arizona;except the west 17 feet of the north 29.2 feet of said lot 4 (also known as Pinal County Assessor parcel 101-15-021B). be and hereby is amended to allow an expanded palette of commercial uses on the property,subject to the following conditions of approval: 1) The pallet of uses permitted on the property will be based off the Non -Residential Use Regulations table from Apache Junction City Code, Volume 2, Section 1-5-3, and as further refined in scope in accordance with the list contained in case file PZ-4-16, agreed to by the applicants and staff. 2) Any future expansions or increases in intensity as determined by Development Services Staff may require additional property or building improvements. 3) Except as otherwise conditioned herein, all other provisions of Ordinance No. 961 are still in full force and effect. SECTION II REPEALING ANY CONFLICTING ORDINANCES All _ordinances and parts of ordinances in conflict with the provisions of this ordinance or any part of the codes adopted herein by reference are hereby repealed. ORDINANCE NO. 1429 Page 2 of 3 SECTION III PROVIDING FOR SEVERABILITY If any section, subsection, sentence, phrase, clause or portion of this ordinance or any part of the codes or regulations 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 34D DAY OF M A V 2016. SIGNED AND ATTESTED TO THIS 3 0 DAY OF 014tg.4 ,0.oto ilViN S. INSALACO 4Kayor ATTEST: KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM: 5-ZiG RICHARD JOEL STERN City Attorney ORDINANCE NO. 1429 Page 3 of 3 , 2016.