TOWN OF PINETOP-LAKESIDE
ORDINANCE NO. 06-272
AN ORDINANCE OF THE MAYOR AND TOWN
COUNCIL OF THE TOWN OF PINETOP-LAKESIDE, ARIZONA, REPEALING TOWN CODE TITLE 17, CHAPTER 17.72, “(PUD) PLANNED UNIT
DEVELOPMENT ZONING DISTRICT” IN ITS ENTIRETY AND ADOPTING NEW TITLE 17, CHAPTER
17.72, “(PUD) PLANNED UNIT DEVELOPMENT ZONING DISTRICTS.”
WHEREAS, the text of Chapter 17, Section 17.72 “(PUD) Planned
Unit Development Zoning District ” of the Town Code has been completely revised
and redrafted over a period of several months with input from the citizens, a
consultant, the Planning and Zoning Commission and the Town Council; and
WHEREAS, the proposed Town Code Title 17, Chapter 17.72 is declared
to be a public record by adopting Resolution No. 06-843; and
WHEREAS, pursuant to Arizona Revised Statutes § 9-802, three
(3) copies of the Town Code, Title 17, Chapter 17.72 “(PUD) Planned Unit
Development Zoning Districts” are on file in the Office of the Town Clerk, and
referred to in this Ordinance by reference; and
WHEREAS, the Town of Pinetop-Lakeside desires to repeal the
existing “Chapter 17.72 (PUD) Planned Unit Development Zoning District” and
create a new chapter, “Chapter 17.72 (PUD) Planned Unit Development Zoning
Districts,” that provides regulations for the reasonable use and development of
land while promoting the public health, safety, convenience, and general
welfare; and
WHEREAS, the Town of Pinetop-Lakeside acknowledges that there
may be existing planned unit development (“PUD”) projects currently filed with
the Town, for which a grace period is reasonable.
NOW THEREFORE BE IT ORDAINED by the Mayor and Town Council of the Town of
Pinetop-Lakeside, Arizona as follows:
Section
1. Town Code Title 17, Chapter 17.72, Sections
17.72.010 through 17.72.040 is repealed
in its entirety.
Section 2. Town Code Title 17, Chapter 17.72,
Sections 17.72.010 through 17.72.070 “(PUD) Planned Unit Development Zoning
Districts” is hereby adopted by reference, as if fully set forth herein. A copy of the full text of this new Chapter
17.72 of the Town Code is attached as Exhibit “A.”
Section
3. A PUD project which has been filed as a preliminary plat or which
is already in the public review process shall have until December 15, 2006 to
obtain preliminary plat approval from the Town and until December 15, 2007 to
obtain Final Plat approval. If, for any
reason a project does not meet the above deadlines the PUD project shall be
required to resubmit the PUD project for approval, and shall meet all of the
requirements of this new Chapter 17.72, (PUD) Planned Unit Development
regulations.
Section
4. Any person found guilty of
violating any of the provisions of Title 17, Chapter 17.72 of the
Pinetop-Lakeside Town Code shall be subject to the enforcement and penalties
set forth in Town Code Title 17, Chapter 17.132. Each day that a violation continues shall be
a separate offense punishable as described.
Section
5. If any section, subsection, sentence, clause, phrase or
portion of this ordinance or any part of “Chapter 17.72 – (PUD) Planned Unit
Development Zoning Districts” 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 effect the validity of the
remaining portions thereof.
PASSED
AND ADOPTED by the Mayor and Town
Council of the Town of Pinetop-Lakeside, Arizona, this 20th day of
July 2006.
/s/ CHUCK WALDO, Vice Mayor
ATTEST:
/s/ LU ANNE FROST, Town
Clerk
APPROVED:
/s/ JACK BARKER, Town
Attorney