HomeMy WebLinkAboutORD1559 ORDINANCE NO. 1559
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 P-23-112-PZ, A
REQUEST BY GREG LOPER, REPRESENTING SM HOLDINGS LLC AND
STORBAKKEN & SONS CONSTRUCTION INC. , FROM GENERAL
COMMERCIAL ("B-l") TO INDUSTRIAL ("B-5") AND A MINOR
GENERAL PLAN AMENDMENT FROM COMMERCIAL TO LIGHT
INDUSTRIAL/BUSINESS PARK AND INDUSTRIAL; REPEALING ANY
CONFLICTING PROVISIONS; AND PROVIDING FOR SEVERABILITY.
WHEREAS, the subject property is generally located near the
southeast corner Royal Palm Road and Old West Highway in Section
28; and
WHEREAS, on October 22, 2024, the Apache Junction planning
and zoning commission recommended in a vote of 7 : 0 to approve
rezoning case No. P-23-112-PZ to city council; and
WHEREAS, pursuant to A. R. S. § 9-462 . 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
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 (J) .
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 for
the parcel of land legally described as:
That part of Tract A, Palm Springs, according to the records
of Pinal County, Arizona, as recorded in Book 7 of Maps, Page
27, more particularly described as follows :
ORDINANCE NO. 1559
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Parcel 1 :
Beginning at the Northeast corner of Tract "A" of Palm
Springs, a subdivision of record in the office of the county
recorder of Pinal County, Arizona, in Book 7 of Maps, Page 27
thereof;
Thence South 0 Degrees, 00 Minutes 30 Seconds West along the
East line of said Tract "A" 200 feet to the true point of
beginning;
Thence South 0 Degrees 00 Minutes 38 Seconds West 80 . 00 feet;
Thence North 54 Degrees 52 Minutes 38 Seconds West 190 . 00
feet;
Thence North 0 Degrees 00 Minutes 30 Seconds East 80 . 00 feet;
Thence South 54 Degrees 52 Minutes 38 Seconds East 190 . 00
feet to the true point of beginning;
Parcel 2 :
Beginning at the Northeast corner of Tract "A" of Palm
Springs, a subdivision of record in the office of the county
recorder of Pinal County, Arizona, in Book 7 of Maps, Page 27
thereof;
Thence South 0 Degrees 00 Minutes 30 Seconds West along the
East line of said Tract "A", a distance of 280. 00 feet to the
true point of beginning;
Thence South 0 Degrees 00 Minutes 30 Seconds West 93 . 00 feet;
Thence South 44 Degrees 55 Minutes 30 Seconds West 7 . 07 feet;
Thence North 54 Degrees 52 Minutes 38 Seconds West 182 . 93
feet;
Thence North 0 Degrees 00 Minutes 30 Seconds East 103. 00 feet;
Thence South 54 Degrees 52 Minutes 38 Seconds East 190 . 00
feet to the true point of beginning;
Parcel 3 :
Beginning at the Northeast corner of Tract "A" of Palm
Springs, a subdivision of record in the office of the county
recorder of Pinal County, Arizona, in Book 7 of Maps, Page 27
thereof;
ORDINANCE NO, 1559
PAGE 2 OF 5
Thence South 0 Degrees 00 Minutes 30 Seconds West along the
East line of said Tract "A", a distance of 373 . 00 feet;
Thence South 44 Degrees 55 Minutes 30 Seconds West 7 . 07 feet
to the true point of beginning;
Thence South 44 Degrees 55 Minutes 30 Seconds West 7 . 07 feet
to a point on the South line of said Tract "A" ;
Thence South 89 Degrees 52 Minutes 42 Seconds West along the
said South line 145 . 42 feet;
Thence North 0 Degrees 00 Minutes 30 Seconds East 109 . 64 feet;
Thence South 54 Degrees 52 Minutes 38 Seconds East 182 . 93
feet to the true Point of beginning;
Parcel 4 :
Beginning at the Northeast corner of said tract "A";
Thence North 54 Degrees 52 Minutes 38 Seconds West along the
Southerly right-of-way of the State Highways 60, 70, 80 and
89, a distance of 190 feet;
Thence South 0 Degrees 30 Seconds West 200 feet;
Thence South 54 Degrees 52 Minutes 38 Seconds East 190 feet
to a point on the West line of an alley;
Thence North 0 Degrees 30 Seconds fast along said alley line
200 feet to the point of beginning;
APN: 102-03-136A;
be and hereby is amended from General Commercial ("8-1") to
Industrial ("B-5") , and the general plan land use designation be
amended from Commercial to Light Industrial/Bus,iness Park and
Industrial, subject to the following condition of approval :
1) The project shall be improved in accordance with the plans
approved and associated with this case and all provisions of
the Zoning Ordinance and City codes applicable to this case.
2) 6' minimum opaque screen walls shall be installed in
compliance to §1-6-3 Fences and Walls. Per code requirements,
the front screen wall along Old West Highway shall be a
decorative wall.
3) The driveway and driveway apron shall be an improved surface
meeting the cityrs commercial driveway standards .
ORDINANCE NO. 1559
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4 ) The proposed vehicle parking and circulation areas within the
development shall be surfaced for dustproofing purposes to
meet the city' s requirements, as outlined in the City of
Apache Junction Ordinance 131.6.
5) The building' s exterior shall be maintained to comply with
general maintenance standards, including a repainting to
repair the deterioration in desert/earth tone colors .
6) Landscaping, screening and irrigation improvements shall be
provided in compliance with the city' s landscape and
screening requirements, which would include trees and shrubs
on site, while the street frontage shall include vegetative
ground cover (1-gallon minimum) and be covered with inorganic
mulch such as crushed decorative rock, river run and/or
boulders. An impervious weed barrier or pre-emergent chemical
treatment shall be applied to the bare ground prior to the
placement of inorganic ground cover materials . The trees
along the Old West Highway frontage shall be a minimum of 36"
box.
7) These required improvements shall be made and finished within
12 months of the zoning approval for case P-23-112-PZ .
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 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 __ 01"' DAY OF 2024 .
LV
ORDINANCE NO. 1559
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1 - 111
SIGNED AND ATTESTED TO THIS DAY OF 2024 .
WALTER "CHIP" WILSON
Mayor
ATTEST:
4,
c'jENN I FE ,,,' PEN*A
City Clerk
APPROVED AS TO FORM:
RICHARD JOEL STERN
City Attorney
ORDINANCE NO. 1559
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