HomeMy WebLinkAboutRES 22-38 RESOLUTION NO. 22-38
A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY
OF APACHE JUNCTION, ARIZONA, DECLARING AS A PUBLIC
RECORD THAT CERTAIN DOCUMENT FILED WITH THE CITY CLERK
AND ENTITLED "ZONING CONDITIONS OF CASE NO. P-21-99-PZ
AUTHORIZED UNDER ORDINANCE NO. 1525 FOR THE PLANNED
DEVELOPMENT MAJOR AMENDMENT OF THE PROPERTY LEGALLY
DESCRIBED AS AND LOCATED AT 94 W. ROUNDUP STREET,
APACHE JUNCTION, ARIZONA. "; REPEALING ANY CONFLICTING
PROVISIONS; AND PROVIDING FOR SEVERABILITYe
WHEREAS, Arizona Revised Statutes Annotated (hereinafter
"A®R.S. ") § 9-502 permits municipalities to enact the provisions
of a code or public record in existence without setting forth
such provisions in full text as long as the adopting ordinance
is published in full text, and one paper copy is filed with the
city clerk and an electronic copy is accessible on the city` s
website, with both rude mailable for public use and inspection;
and
WHEREAS, pursuant to A.R. S. §§ 9-501 (1) and 9-802, such
codes include zoning conditions approved in zoning case
amendments; and
WHEREAS, city staff has identified such provisions herein,
and it is the intent of the city to declare such documents and
compilations as public records, on file in the office of the
city clerk; and
WHEREAS, the documents include the conditions of approval
for the planned development major amendment request of Travis
Heppe, represented by Nilson Ejim of Ejim Design Group, of the
property known to the city as 94 , Ws Roundup Street, Apache
Junction, Arizona (APNsm 100-31-017C, 100-31-017D and 100-31-
017B) , more fully legally described with the conditions, and
which case was presented to the planning and zoning commission
on October 11, 2022 and forwarded with a vote of 5: 1 for denial
to city council at its November 15, 2022 public hearing.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA AS FOLLOWS:
RESOLUTION NO® 22-38
PAGE 1 OF 3
SECTION I IN GENERAL
1 . That certain document entitled the "Zoning conditions of
Case No. P-21-99-PZ authorized under Ordinance No. 1528 for
the planned development major amendment of the property
legally described as and located at 94 W. Roundup Street,
Apache Junction, Arizona", of which at least one paper copy
is on file with the city clerk and one electronic copy of
which is accessible on the city' s website
n a `-In,v) , is hereby declared to be a
public record, and shall be made available for public use
and inspection.
SECTION II REPEALING ANY CONFLICTING PROVISIONS
All resolutions and parts of resolutions in conflict with the
provisions of this resolution or any part of the codes adopted
herein, are hereby repealed®
SECTION III PROVIDING FOR SEVERABILITY
If any section, subsection, sentence, phrase, clause or portion
of this resolution or any part of the codes or regulations
adopted herein 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 DAY OF 2022 .
SIGNED AND ATTESTED TO THIS DAY OF 2022 .
WALTER 'CHIP" WILSON
Mayor
ATT ST:
E NIFER , ENA
11 ty Cle ,k
RESOLUTION NO® 22-38
PAGE 2 OF 3
APPROVED AS TO FORM:
<!0- U-442
RICHARD JOEL STERN
City attorney
RESOLUTION NO, 22-38
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