HomeMy WebLinkAboutORD1523 ORDINANCE NO. 1523
AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY
OF APACHE JUNCTION, ARIZONA, CONDITIONALLY APPROVING A
PLANNED DEVELOPMENT MAJOR AMENDMENT, CASE P_-22-10-PZ,
A REQUEST BY AXIOM CARE, REPRESENTED BY ROSE LAW
GROUP, PC, TO CONSTRUCT A NEW, THREE-STORY TREATMENT
FACILITY ON A GENERAL COMMERCIAL BY PLANNED
DEVELOPMENT ("B-1/PD") PROPERTY; ADOPTING BY REFERENCE
THAT CERTAIN DOCUMENT ENTITLED "ZONING CONDITIONS OF
CASE NO. P-22-10-PZ AUTHORIZED UNDER ORDINANCE NO.
1523 FOR THE PLANNED DEVELOPMENT MAJOR AMENDMENT OF
AXIOM CARE FOR THE PROPERTY LEGALLY DESCRIBED AS AND
LOCATED AT 150 N. OCOTILLO DRIVE, APACHE JUNCTION,
ARIZONA."; REPEALING ANY CONFLICTING PROVISIONS; AND
PROVIDING FOR SEVERABILITY.
WHEREAS, the subject property located at 150 N. Ocotillo
Drive (the "Property") is a commercially developed property with
two structures, and has been since the adoption of the city's
March 1985 zoning ordinance; and
WHEREAS, in 1996, pursuant to case PZ-96-13, Ordinance No.
971, at the request of previous owner Superstition Mountain
Mental Health Care, Inc. ("SMMHC, Inc. ") , the Property was
rezoned from General Rural (``GR") to General Commercial/Planned
Development ("C-3/PD") to allow for a proposed expansion of the
facility; and
WHEREAS, the facility expansion has yet to be constructed
as authorized under Ordinance No. 971; and
WHEREAS, the current property owner, Axiom Care, recently
applied for a planned development ("PD") amendment to allow the
addition of a new, three-story treatment facility at an
increased building height of 38 feet from 35 feet; and
WHEREAS, on April 12, 2022, the Apache Junction planning
and zoning commission voted 7-0 to recommend approval of
rezoning case P-22-10-PZ, subject to certain conditions; and
WHEREAS, pursuant to A.R.S . § 9-962.01 (J) , the city
council, before adopting any zoning ordinance or text amendment
of general applicability, shall consider the probable impact the
proposed zoning ordinance or text amendment would have on the
cost to construct housing for sale or rent; and
ORDINANCE NO. 1523
PAGE 1 OF 3
WHEREAS, the city council has determined the adoption of
this ordinance or text amendment will have no negative impact on
the cost to construct housing for sale or rent as delineated
under A.R. S. § 9-462 . 01 (1) ; and
WHEREAS, the city council hereby determines that the
proposed planned development amendment request conforms to all
of the general criteria as specified in Apache Junction City
Code, Volume II, Land Development Code, Chapter 1 : Zoning
Ordinance, Article 1-4 : Zoning Districts, Section 1-4-3, Planned
Development C"PD") Overlay District, and Article 1-5: Zoning
Bulk and Use Regulations (except as otherwise conditioned
herein) , including 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; and
WHEREAS, A.R. S. § 9-802 permits municipalities to enact the
provisions of a code or public record theretofore in existence
without setting forth such provisions in full text as long as
the adopting ordinance is published in full text and at least
one paper copy of the code changes or public record are filed in
the office of the clerk of the municipality and an electronic
copy is accessible on the city' s website and made available for
public inspection.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL
OF APACHE JUNCTION, ARIZONA, AS FOLLOWS:
SECTION I IN GENERAL
1 . That the planned development major amendment, as
recommended by the planning and zoning commission, in case
P-22-10-PZ, is approved with conditions incorporated by
reference in section 2 below.
2 . That certain document entitled "Zoning conditions of Case
No. P-22-10-PZ authorized under Ordinance No. 1523 for the
planned development major amendment of Axiom Care for the
property legally described as and located at 150 N.
Ocotillo Drive, Apache Junction, Arizona", one paper copy
and one electronic copy which are accessible on the city' s
website and filed in the office of the city clerk, which
ORDINANCE NO. 1523
PAGE 2 OF 3
document was made a public record by Resolution No. 22-14
of the City of Apache Junction, is hereby referred to,
adopted and made a pary hereof as if fully set out in this
ordinance, pursuant to A.R. S . 5 9-802 .
SECTION II REPEALING ANY CONFLICTING PROVISIONS
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.
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 of the validity of the
remaining portions thereof.
PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
APACHE JUNCTION, ARIZONA, THIS DAY OF',2 2022 .
SIGNED AND ATTESTED TO THIS DAY OF 20M
-W-XL9'-'E—R C-HIP WILAR
Mayor
ATTEST:
I I �ENA
,t_ k
y C Clerrk
APPROVED AS TO FORM:
5-21Z,
RICHARD JOEL STERN
City Attorney
ORDINANCE NO. 1523
PAGE 3 OF 3