HomeMy WebLinkAboutORD1474ORDINANCE NO. 1474
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-1-19, A CITY-
INITIATED REZONING, FROM RECREATIONAL VEHICLE PARK
("RVP") TO OLD WEST COMMERCIAL BY PLANNED DEVELOPMENT
("B-2/PD"); REPEALING ANY CONFLICTING PROVISIONS; AND
PROVIDING FOR SEVERABILITY.
WHEREAS, the Prickly Pear Recreational Vehicle ("RV") Park
is a substandard -sized nonconforming RV Park which is located on
two parcels but functions as one park; and
WHEREAS, an unsightly billboard is located on the southeast
corner of the property along W. Apache Trail and it is the
city's desire to enhance the community's appearance as
opportunities arise; and
WHEREAS, since 2016, the property owners and planning staff
have been discussing the rezoning of the property for the
purpose of future commercial redevelopment opportunities; and
WHEREAS, on January 22, 2019, the Apache Junction Planning
and Zoning Commission gave direction to planning staff to
proceed with a city -initiated rezoning for the property; and
WHEREAS, on April 23, 2019, the Apache Junction Planning
and Zoning Commission voted unanimously (7-0) to recommend
approval of rezoning case PZ-1-19, subject to the conditions
prescribed herein.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL
OF APACHE JUNCTION, ARIZONA, AS FOLLOWS:
SECTION I IN GENERAL
The zoning district classification on the Zoning District Map,
City of Apache Junction, Arizona,for the parcels of land
legally described as:
Parcel No. 1: Lots 6 and 8, Block 3, of amended plat of
Newtown, according to the plat of record in the office of
ORDINANCE NO. 1474
PAGE 1 OF 3
5
the county recorder of Pinal County, Arizona, recorded in
Book 5 of Maps, page 23A.
Except the east 17 feet of Lot 8, Block 3; and
Parcel No. 2: Lot 9, Block 3, of amended plat of Newtown,
according to the plat of record in the office of the county
recorder of Pinal County, Arizona, recorded in Book 5 of
Maps, Page 23A.
Except the east 150 feet thereof;
be and hereby is amended from Recreational Vehicle Park ("RVP")
to Old West Commercial by Planned Development ("B-2/PD") subject
to the following conditions of approval:
1) The use of the RVP shall be allowed to continue as a
non -conforming use. Three RV spaces shall be allowed to
replace the apartments which were removed.
2) The lease of the billboard shall not be renewed at the
end of its current term.
3) Future uses on the B-2/PD-zoned property shall include
those uses normally allowed under the B-2 base zone,
except for the following uses: pawn shop, tattoo and/or
piercing establishment, storage businesses of any kind,
taxi or shuttle business, convenience store, rescue
mission, soup kitchen or homeless shelter, second-hand
stores, used auto sales, auto or motorcycle repair
shops, medical marijuana uses, or other uses determined
by the zoning administrator to be incompatible with a
retail/commercial/office strip center.
4) All development on the property is subject to proper
permits and inspections, and compliance with all adopted
city codes and ordinances, except as otherwise
conditioned herein.
5) The owner of the property will take down and remove the
billboard no later than October 31, 2019.
6) Failure to comply with condition no. 5 will result in
planning staff bringing the case back to the Planning
and Zoning Commission for further action.
ORDINANCE NO. 1474
PAGE 2 OF 3
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 OF THE CITY OF
APACHE JUNCTION, ARIZONA, THIS o N DAY OF ,2019.
SIGNED AND ATTESTED TO THIS
ATTEST:
HLEEN
i
ONNELLY
City Clerk
APPROVED AS TO FORM:
5 19 J9
RICHARD JOEL STERN
City Attorney
ORDINANCE NO. 1474
PAGE 3 OF 3
DAY OF , 2019.
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JEFEYEERDY
V IMayor