HomeMy WebLinkAboutORD1204ORDINANCE NO.1204
AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF
APACHE JUNCTION,ARIZONA,APPROVING A PLANNED DEVELOPMENT
MAJOR AMENDMENT,CASE P7-6-04.A REQUEST BY J.R.PHILLIPS
OF J&R PHILLIPS INC.,TO AMEND THE PLAN OF DEVELOPMENT FOR
THE C-3/PD ZONED LONG JOHN SILVER'S-A&W RESTAURANT DEVELOP-
MENT SITE,LOCATED AT THE SOUTHEAST CORNER OF THE INTER-
SECTION OF SOUTH GRAND DRIVE AND WEST APACHE TRAIL,FOR THE
PURPOSE OF MODIFYING THE UNDER -GROUNDING OF UTILITY
REQUIREMENTS BY AMENDING ORDINANCE NO.1198:REPEALING ANY
CONFLICTING PROVISIONS:AND PROVIDING FOR SEVERABILITY.
WHEREAS,the Mayor and City Council of the City of Apache
Junction,Arizona,on March 2,2004,passed and adopted Ordinance No.
1198 amending the Apache Junction,Arizona,Zoning Ordinance,by
amending the Zoning District Map,City of Apache Junction,Arizona,
changing the zoning classification in rezoning case PZ-15-03 from CB -2
(General Business Zone)to C-3/PD (General Commercial by Planned
Development)with certain deviations to the Apache Junction City Code.
Volume II,Land Development Code,particular to the aforementioned
development,more thoroughly described in Case File P7-15-03:and
WHEREAS.on May 27,2004.the Apache Junction Planning and Zoning
Commission voted 2 to 4 to deny a motion of approval of the Planned
Development Major Amendment request for Case P7-6-04:and
WHEREAS,the proposed Major Amendment,subject to the conditions
set forth herein,and in Ordinance No.1198,enables the use and
integration of contemporary land planning principles in such a manner
to promote its most appropriate use and further allows diversification
in the relationship of various uses,structures,and spaces.
NOW,THEREFORE,BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF
THE CITY OF APACHE JUNCTION.ARIZONA,AS FOLLOWS:
SECTION I:IN GENERAL
That the conditions of approval of Ordinance No.1198 be amended for
the purpose of approving a Planned Development Amendment to allow the
ORDINANCE NO.1204
PAGE 1 OF 3
modification of the under -grounding of overhead utility requirements
for the property legally described as:
Lot 2,Grand View Place,excluding the East 80 feet thereof,
according to the plat of record in the office of the County
Recorder of Pinal County Arizona,in Book 6 of Maps,Page 2,
AND
The North 52 feet of Lot 4,Grand View Place,excluding the
East 80 feet thereof,according to the plat of record in
the office of the County Recorder of Pinal County Arizona,
in Book 6 of Maps,Page 2.
Also known as Pinal County Assessor Parcel Number 101-10-111A.
The conditions of approval contained herein shall become applicable to
this development.
The text contained in Ordinance No.1198 shall be amended to read as
follows:
Section I:In General
3.In lieu of complying with the under -grounding
requirements,pursuant to the Apache Junction City
Code,Volume II,Land Development Code,Chapter 6,
Article 6-1,Landscaping and Screening Requirements,
Section 6-1-6.Site organization and Development,the
developer shall tender a certified check to the City
in an amount equal to the cost of under -grounding
electrical utilities as determined by the Development
Services Director.
SECTION II:REPEALING ANY CONFLICTING PROVISIONS
All ordinances and parts of ordinances in conflict with the provisions
of this ordinance are hereby repealed.
ORDINANCE NO 1204
PAGE 2 OF 3
SECTION III:PROVIDING FOR SEVERABILITY
If 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.
PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE
JUNCTION,ARIZONA,THIS 6TH DAY OF JULY ,2004.
SIGNED AND ATTESTED TO THIS 19TH
ATTEST:
KATHLEEN CONNELLY
City Clerk
APPROVED AS TO FORM:
<10'
RICHARD JOEL STERN
City Attorney
ORDINANCE NO.1204
PAGE 3 OF 3
DAY OF JULY ,2004.
DOUGLAS /OLEMAN
Mayor