HomeMy WebLinkAboutORD1254ORDINANCE NO. 1254
AN ORDINANCE OF THE MAYOR AND CITY COUNCIL
OF THE CITY OF APACHE JUNCTION,ARIZONA,
AMENDING AND CORRECTING ORDINANCE NO.1183
OF THE CITY OF APACHE JUNCTION, IN CASE PZ-
3-03 AS PASSED AND ADOPTED ON THE 16TH DAY
OF SEPTEMBER 2003;DECLARATION OF INTENT;
PROVIDING FOR RECORDATION;REPEALING ANY
CONFLICTING PROVISIONS;AND PROVIDING FOR
SEVERABILITY.
WHEREAS, the Mayor and City Council of the City of Apache
Junction,Arizona on September 16,2003 passed and adopted
Ordinance No. 1183, changing the zoning district classification
in rezoning case PZ-3-03 from CB -2 (General Business Zone)to
CR-4/PD (Multiple Family Residence Zone by Planned Development);
and
WHEREAS, Ordinance No. 1183 is an adopted ordinance and is
now in full force and effect,the original copy being on file
with the Apache Junction City Clerk; and
WHEREAS, a scrivener's error exists in stipulation numbers
7 and 8 and stipulation number 13 was omitted entirely; and
WHEREAS, it is the desire of the Mayor and City Council of
the City of Apache Junction, Arizona,to correct any previous
typographical and inadvertent errors in Ordinance No. 1183; and
WHEREAS,it is the specific intent that this correcting
ordinance only modifies stipulation numbers 7,8 and adds
stipulation number 13 to Ordinance No.1183,and has no other
affect on the remaining stipulations or sections.
NOW THEREFORE,BE IT ORDAINED BY THE MAYOR AND CITY
COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AS FOLLOWS:
SECTION I IN GENERAL
Stipulation numbers 7 and 8 of Ordinance No.1183 shall be
amended as per the minutes of *the September 16,2003 Regular
Council meeting, as follows:.
7)In the centralized usable open -space of the
development,the Developer shall provide a tot -lot
with play equipment (Playground Systems Model #350-
0006 or approved equivalent),ramada with park bench
ORDINANCE NO. 1254
1 OF 3
and table with barbeque grill,as approved by the
City's Parks and Recreation Park Superintendent.
8)The end -cap units shall be able to be located on the
exterior of the island to the north and south.
Stipulation Number 13 shall be added to Ordinance No. 1183, as
per the minutes of the September 16,2003 Regular Council
meeting, as follows:
13)The developer shall facilitate dedication to the City
of Apache Junction the entire portion of the 33 foot
federally patented easement adjacent to the west of
Pinal County Assessor Parcel Number 103-21-041 and
the 33 foot federally patented easement adjacent to
-the east of Pinal County Assessor Parcel Number 103-
31-021;the developer shall improve the eastern 43
feet, 33 feet plus 10, of the said portion of Acacia
Road to a current City of Apache Junction Street
Standard subject to the approval of the City
Engineer.Said developer shall complete the off -site
improvements prior to the issuance of building
permits for any dwelling units other than models.
SECTION II DECLARATION OF INTENT
The purpose of this Ordinance,is to amend and correct
stipulation numbers 7 and •8 and add stipulation number 13 to
Ordinance 1183 of the Mayor and City Council of the City of
Apache Junction, Arizona. By this amendment it is not the intent
to affect any other stipulation or section of Ordinance No. 1183
nor to affect either its validity or its effective adoption date
of September 16, 2003.
SECTION III RECORDATION
The City Clerk shall file and record this Ordinance, certified
by the Mayor of the City of Apache Junction,Arizona,in the
Office of the County Recorder of Pinal County, Arizona.
SECTION IV REPEALING ANY CONFLICTING PROVISIONS
All ordinances and part of ordinances in conflict with the
provisions of this ordinance are hereby repealed.
SECTION V PROVIDING TOR SEVERABILITY
If any section, subsection, sentence, phrase, clause or portion
of this ordinance,or any part of the code adopted herein by
ORDINANCE NO. 1254
2 OF 3
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.
APPROVED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY
OF APACHE JUNCTION THIS 6TH DAY OF DECEMBER, 2005.
SIGNED AND ATTESTED TO THIS 6TH DAY OF DECE
ATTEST:
KATHLEEN CONNELLY
City Clerk
APPROVED AS TO FORM:
•zoM.Itstleo
R. JOEL STERN
City Attorney
ORDINANCE NO. 1254
3 OF 3
BER,A2Q05.
DOUGLAS' COLEMAN
Mayor