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Home My WebLink AboutRES 24-11 RESOLUTION NO. 24-11 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, DECLARING AS A PUBLIC RECORD THAT CERTAIN DOCUMENT FILED WITH THE CITY CLERK AND ENTITLED "LEGAL DESCRIPTIONS AND ZONING CONDITIONS OF CASE NO. P-23-119-PZ AUTHORIZED UNDER ORDINANCE NO. 1548"; REPEALING ANY CONFLICTING PROVISIONS; AND PROVIDING FOR SEVERABILITY. WHEREAS, Frances McGregor of Phoenix Metro Towing submitted a rezoning by planned development request to approve the use of a towing company office and tow yard on the property described in case P-23-119-PZ, which case was presented to the planning and zoning commission on February 27, 2024 and forwarded with a vote of 6: 0 recommending case approval to the city council for its March 19, 2024 public hearing; and WHEREAS, Arizona Revised Statutes Annotated (hereinafter "A. R. S. ") § 9-802 permits municipalities to enact the provisions of a code or public record in existence without setting forth such provisions in full text as long as the adopting ordinance is published in full text, and one paper copy is filed with the city clerk and an electronic copy is accessible on the city' s website, with both made available for public use and -inspection; and WHEREAS, pursuant to A. R. S . 9-801 (1) and 9-802, such codes include zoning conditions approved in zoning case amendments; and WHEREAS, city staff has identified such provisions herein, and it is the intent of the city to declare such documents and compilations as public records, on file in the office of the city clerk; and WHEREAS, that certain document "Legal Descriptions and Zoning Conditions of Case No. P-23-119-PZ authorized . under Ordinance No. 1548", includes the legal descriptions for the parcels and conditions of approval for the rezoning by planned development case P-23-119-PZ . NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA AS FOLLOWS: RESOLUTION NO. 24-11 PAGE 1 OF 2 SECTION I IN GENERAL That certain document entitled the "Legal Descriptions and Zoning Conditions of Case No. P-23-119-PZ authorized under Ordinance No. 1548" of which at least one paper copy is on file with the city clerk and one electronic copy of which is accessible on the city' s website (www. apa:;he ' :cl-ionaz . gov) , is hereby declared to be a public record, and shall be made available for public use and inspection. SECTION II REPEALING ANY CONFLICTING PROVISIONS All resolutions and parts of resolutions in conflict with the provisions of this resolution or any part of the codes adopted herein, are hereby repealed. SECTION III PROVIDING FOR SEVERABILITY If any section, subsection, sentence, phrase, clause or portion of this resolution or any part of the codes or regulations adopted herein 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 19TH DAY OF MARCH, 2024 . SIGNED AND ATTESTED TO THIS DAY OF , 2024 . WALTER "CHIP" WILSON Mayor ATTEST: VU�NIFER/PENA City Clerk APPROVED AS TO FORM: 4 3.72� RICHARD JOEL STERN City Attorney RESOLUTION NO. 24-11 PAGE 2 OF 2 LEGAL DESCRIPTIONS AND ZONING CONDITIONS OF CASE NO . P-23-119-PZ AUTHORIZED UNDER ORDINANCE NO . 1548 1 A) The mayor and council passed Ordinance No. 1548 on March 19, 2024, which approved the rezoning by planned development and minor general plan amendment of the parcels located near the northwest corner of W. Baseline Avenue and S. Tomahawk Road, Apache Junction, Arizona, legally described as follows : APN 102-20-014C: The East half of the Southwest quarter of the Southeast quarter of the Southeast quarter of Section 33, Township 1 North, Range 8 East of the Gila and Salt River Base and Meridian, Pinal County, Arizona; Excluding the South 100 Feet thereof; and APN 102-20-014D: The South 100 Feet of the East half of the Southwest quarter of the Southeast quarter of the Southeast quarter of Section 33, Township 1 North, Range 8 East of the Gila and Salt River Base and Meridian, Pinal County, Arizona. B) The approval is subject to the following zoning conditions : 1) The development shall reflect substantial compliance and consistency with the city' s zoning ordinance and the planned development plans presented in case P-23-119-PZ, incorporated by reference herein, and as otherwise specified through these conditions of approval, to include layout, elevations, setbacks, public and private rights-of- ways, perimeter walls, landscaping and other improvements . 2) The building architecture of any future phases shall be architecturally consistent with the presented conceptual architecture approved in case P-23-119-PZ . 3) The front decorative screen wall must architecturally complement the approved building architecture. All other opaque screens wall located at the side and rear must at minimum be painted or stained with an earth tone color. 4) Street improvements on East Baseline Avenue including but not necessarily limited to the extension of pavement and the provision of sidewalk, curb, gutter, streetlights, underground utilities, fire hydrants, and landscaping shall be required as part of this planned development project, 2 and subject to review and approval by the city engineer. 5) All applicable permits shall be applied for and plans shall be designed to current city codes . Inclusively, all applicable development fees, including public art fees, shall be paid at the time of permit issuance. 6) Major deviations or proposed changes from the original plans associated with this case will require a major planned development amendment. The Director or their designee shall interpret the proposed modification to be significant/major if, in the Director or Designee' s opinion, the quality of project design is diminished, the types of proposed land uses are significantly altered and/or the overall character of the project is contrary to the intent and spirit of the original City Council PD ordinance approval . 7) All perimeter walls/fences, and interior/exterior landscaping within and immediately adjacent to the proposed development, shall be owned and maintained in good condition at all times by the property owners . The developer may secure the walls with security wall spikes or equivalent security features, but barbed wire or concertina razor wire shall not be placed on top of the fence or be visible from the public right-of-way. 8) The proposed vehicle impound storage areas within the development shall be ground surfaced for dustproofing purposes to meet the city' s requirements, as outlined in the City of Apache Junction Ordinance No. 1316, on file with the Apache Junction City Clerk. 9) After the rezoning, the lots APN 102-20-014C & 102-20-014D shall be combined through the city' s lot combination process . 10) Impounded vehicles shall not be stacked on top of each other such that they are visible from the public right-of- way. Storage shall not be visible from the public right-of- way. 3