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HomeMy WebLinkAboutORD1503 ORDINANCE NO. 1503 AN ORDINANCE OF THE YOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AMENDING APACHE JUNCTION CITY CODE, VOLUAE II, LAND DEVELOP DEVELOPP1ENT CODE, CHAPTER 2® SUBDIVISION AND MINOR LAND DIVISION REGULATIONS, BY REPEALING AND REPLACING IN ITS ENTIRETY A NEW CHAPTER, AND BY ADOPTING BY REFERENCE THAT CERTAIN NT ENTIT D 882021 AMENDMENTS TO THE APACHE JUNCTION CITY CODE, VOLUME II, LAND DEVELOPMENT CODE, CHAPTER 2: SUBDIVISION AND MINOR LAND DIVISION REGULATIONS", REPEALING ANY CONFLICTING ORDINANCES; PROVIDING FOR SE ILITY; AND PROVIDNG FOR PENALTIES, WHEREAS, can December 4, 2020, the city council gave direction to staff to process the necessary amendments to the subdivision and minor land division regulations, through the planning and zoning commission, to accommodate language pertaining to minor land divisions and master planned co ities; and WHEREAS, the planning and zoning conmission held a work session to review and discuss the proposed amendments on February 23, 2021; and WHEREAS, on March 23, 2021, the planning and zoning conrnission voted 7 to 0 to recommend such amendments to the city council; and WHEREAS, A.R.S. § 9-802 permits municipalities to enact the provisions of a code of public record theretofore in existence without setting forth such provisions in full text as long as the adopting ordinance is published in full text and at least three paper copies, or one paper copy and one electronic copy of the code or public record, are filed and made available for public inspection in the office of the city clerk and the electronic copy is accessible on the city' a website and made available for public inspection; and WHEREAS, pursuant to A.R.S. §§ 9-801 (1) and 9-802, codes which may be adopted by reference include those relating to subdivision developments and WHEREAS, staff has determined that for administrative efficiency, it is more appropriate to adopt the proposed amendments to the Apache Junction City Code, Volume II, Land Development Code, Chapter 2® Subdivision and Minor Land Division Regulations, by reference® ORDINANCE NO. 1503 PACE 1 OF 3 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA: SECTION I: IN GENERAL 1® That the existing Apache Junction City Code, Volume II, Land Develoment Code, Chapter 2: SUBDIVISION AND MINOR LAND DIVISION REGULATIONS, is hereby repealed in its entirety and is replaced with new provisions. 2. That certain document known as the "2021 AMEN NTR TO THE APACHE JUNCTION CITY CODE, VOLUME II, LAND DEVELOPMENT CODE, CHAPTER 2: SUBDIVISION AND MINOR LAND DIVISION REGULATIONS", at least three paper copies, or one paper copy and one electronic copy which are accessible on the city' s website and filed in the office of the city clerk, which document was made a public record by Resolution No. 21-14 of the City of Apache Junction, Arizona, is hereby referred to, adopted and made a part hereof as if fully set out in this ordinance, pursuant to A.R.S. § 9-802 . SECTION II: REPEALING ANY CONFLICTING PROVISIONS All ordinances and parts of ordinances in conflict with the provisions of this ordinance or any part of the codes adopted herein by reference 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 codes or regulations 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: PROVIDING FOR PENALTIES Unless noted otherwise, any violation of any provisions adopted herein, shall be punishable as a class 1 misdemeanor consistent with Apache Junction City Code, Volume 1, Chapter 1 : GENERAL, Article 1-8 : PENALTY. ORDINANCE NO. 1503 PAGE 2 OF 3 PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS DAY OF 2021. SIGNED AND ATTESTED TO THIS DAY OF ,r C � 2021, WALTER 'CHIP" WILSON Mayor ATTEST R P NA4NNI C1o ; APPROVED AS TO FORM® (4 3-3o-2i RICHARD JOEL STERN City Attorney ORDINANCE NO. 1503 PACE 3 OF 3