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HomeMy WebLinkAboutORD167ORDINANCE NO.167 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 MAP CHANGING THE ZONING DISTRICT CLASSIFICATION IN REZONING CASE PZ-24-82 FROM CB -1 LOCAL BUSINESS AND CB-2/PD GENERAL BUSINESS ZONE BY PLANNED DEVELOPMENT TO CB-2/PD GENERAL BUSINESS ZONE BY PLANNED DEVELOPMENT;REPEALING ANY CONFLICTING PROVISIONS;PROVIDING FOR SEVERABILITY;AND PROVIDING PENALTIES. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,THAT: SECTION I IN GENERAL 1.The zoning district classification of the Apache Junction,Arizona, Zoning Map for the parcel of land described as,parcels of land located in: The South I of the Southeast A of the Southeast *of the Southeast i of Section 18,Township 1 North,Range 8 East, Gila and Salt River Base and Meridian,located in Apache Junction,Pinal County,Arizona,and being more particularly described as follows: Parcel A The north 135 feet of the east 270 feet;EXCEPT the east fifty (50')feet thereof. Parcel B The north 165 feet of the west 390 feet;EXCEPT the west one hundred (100')feet thereof. be and hereby is amended by changing the zoning district classification from CB -1 Local Business Zone and CB-2/PD General Business Zone by Planned Development to CB-2/PD General Business Zone by Planned Development. 2.,The approval of the zoning district classification incorporates,by reference,the preliminary approval of the Planned Development, including all materials and documents as submitted by the applicant,and those amendments as set forth in the request for major amendment,as written in the Development Coordinating Committee Memorandum dated November 24,1982,and which is acknowledged as acceptable by the signature of the applicant.Where there is a conflict between the original applicant stipulations,conditions,or provisions with any points of the major amendments,the major amendment shall govern. The development of said property shall be in accordance with said Planned Development application conditions,provisions,and stipulations as provided in Article 33 of the Zoning Ordinance. 'The application includes the "Agreement for Maintenance of Landscaping Within City Rights -of -Way"and "Street Light Agreement,"i f executed as part of the application. 3.Applicant shall either install,at his expense,or enter into a future off -site street improvements agreement to install,at the owner's expense,off -site street improvements for the additionally dedicated ten (10')feet by fifty (50')feet to the roadway centerline •of right-of-way in accordance with the Apache Junction,Arizona, •Street Classification Plan for arterial streets. SECTION I I REPEALING ANY CONFLICTING PROVISIONS All ordinances and parts of ordinances in conflict with the provisions of this Ordinance,or any part of the code adopted herein by reference, are hereby repealed., Ordinance No.167 Page 2 SECTION III PROVIDING FOR SEVERABILITY I f any section,sub -section,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. SECTION IV PENALTY CLAUSE Any person found guilty of violating any provisions of this Ordinance shall be punished by a fine not to exceed $1,000.00 or imprisonment for a period not to exceed six (6)months or by both such fine and imprisonment.Each day that a violation continues shall be a separate offense punishable as hereinabove described. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF APACHE JUNCTION, ARIZONA,THIS 18TH DAY OF JANUARY ,1983 . Mayor ATTEST:. athleen Connelly 6( City Clerk 441 /1"-a hleen Conn& APPROVED AS TO FORM: Davfd Al eiindel-- City Attorney PZ-24-82 (PROPOSED ORDINANCE NO.167) I :GR REQUESTED REZONING FROM CB -1 AND CB-2/PD TO CB-2/PD SCALE 3(p 690 .FEET