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HomeMy WebLinkAboutRES 04-26RESOLUTION 04-26 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION.. ARIZONA.MODIFYING A CONDITIONAL USE PERMIT.CASE NO.CUP -3-90.FOR A GOLF DRIVING RANGE ON A COMMERCIAL PROPERTY ZONED C-4 (HEAVY COMMERCIAL)BY ADDING AN EXPIRATION DATE.. WHEREAS.on December 27.1990.the Mayor and City Council passed and adopted Resolution 90-51.which authorized a golf driving range as a permitted conditional use on commercially.zoned property more adequately described in CUP -3-90:and WHEREAS.this conditional use was subject to four stipulations. which included,among others,that the business endeavor not become a demonstrated hazard:and WHEREAS.in the spring of 2004.Planning staff received a complaint from an adjacent property owner that a golf ball from the driving range had damaged a parked vehicle:and WHEREAS.on October 5.2004 and on November 2.2004.the Mayor and City Council conducted public hearings to consider arguments from the golf driving range proprietors.City staff.the complaining party and general public relating to the driving range business activities: and WHEREAS.the Mayor and City Council may revoke or modify the terms of the original conditional use permit for material noncompliance pursuant to Apache Junction City Code.Volume II.Land Development Code.Chapter I.Zoning Ordinance.Article 6.General Provisions and Exceptions.Section 6.0101.Conditional Use Permits.Subsection (3). Public Hearing and Decision. RESOLUTION NO.04-26 PAGE 1 OF 2 NOW.THEREFORE,BE IT RESOLVED by the Mayor and City Council of the City of Apache Junction.Arizona.that in addition to the existing four stipulations referenced in Resolution No.90-51.the following expiration date stipulation be. added: 5.The driving range activities shall cease on or before May 1.2005 unless this conditional use is otherwise extended by the Mayor and City Council. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION.ARIZONA.THIS 2ND DAY OF NOVEMBER .2004. SIGNED AND ATTESTED TO THIS 15TH ATTEST KATHY CONNELLY City Clerk APPROVED AS TO FORM ce10,• u -o8-04 RICHARD J.STERN City Attorney RESOLUTION NO 04-26 PAGE 2 OF 2 DAY OF NOVEMBER DOUGLAS/COLEMAN Mayor 2004