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HomeMy WebLinkAbout2011 02.15 City Council Regular Agenda PLEASE FILL OUT A"REL .ST TO SPEAK"FORM IF YOU WISH TO ADDR. THE COUNCIL AT CALL TO THE PUBLIC OR ON ANY NON-PUBLIC HEARING ITEM. Pq AC f z\- City of Apache Junction z Home of the Superstition Mountains 4#!ZON* APACHE JUNCTION CITY COUNCIL CITY COUNCIL CHAMBERS 300 EAST SUPERSTITION BOULEVARD APACHE JUNCTION, ARIZONA 85219 REGULAR MEETING AGENDA February 15, 2011 7:00 PM A. CALL TO ORDER. B. INVOCATION AND PLEDGE OF ALLEGIANCE. c• ROLL CALL. D. CONSENT AGENDA. The Council may, at this time,take single action on any or all items listed as consent agenda items These items may include, but are not limited to, acceptance of agenda, acceptance of minutes,appointments, acceptance of resignations and adoption of certain resolutions and other items which do not require a public hearing.The Consent Agenda is a timesaving device of which the Mayor and City Council is to receive documentation on these items from the City Manager for their review prior to the meeting Any member of the Council may remove any item from the Consent Agenda for discussion and cause a separate vote on the matter later in the agenda 1. Acceptance of Agenda. 2. Approval of Minutes of Regular Meeting of February 1,2011. 3. Consideration of Resolution No. 11-05,Designating polling places and voting districts; appointing election boards and fixing their rate of compensation. This resolution updates the name of one of the city polling places(Cactus Canyon Junior High School), adds the position of Voter ID Clerk to reflect changes in state law and makes minor revisions to the board compensation schedule. E. AWARDS, PRESENTATIONS AND PROCLAMATIONS. Awards,presentations from other organizations,proclamations issued by the mayor,and acknowledgement of distinguished guests and visitors,and staff presentation of receipt of grant or donated funds are permitted at this time None. F. ANNOUNCEMENT OF CURRENT EVENTS. The Mayor or any member of Council may at this time present a brief summary of current events. However, no discussion shall take place on such items except for clarifying comments related to substance,time and location G. CITY MANAGER'S REPORT. The City Manager,members of City staff or those individuals designated by the Manager may present information pertinent to items under consideration or information related to the operation of the City There shall however be no discussion at this time except for clarification inquiries. 4. MANAGER'S REPORT. H. PUBLIC HEARINGS. Public hearings required by applicable law shall be conducted by the Council and any person shall be given the opportunity to speak.All remarks shall be addressed to the Council as a whole and not to any member thereof.Such remarks shall be limited to five(5)minutes unless additional time is granted by the Mayor Ame limitation shall not apply to applicants and thw .gents appearing before the Council 5. APPLICATION FOR AN EXTENSION OF PREMISES FOR JAKES-O-MINE SALOON. An application for a temporary extension of premises has been submitted by Ms Mona E Reynolds for Jakes-O-Mine Saloon,located at 1985 W Apache Trail,for February 27,2011. The next step in the process is for the council to hold a public hearing and make a recommendation for approval or denial to be forwarded to the Arizona Department of Liquor Licenses and Control. 6. CONSIDERATION OF AN APPEAL OF CERTAIN LANDSCAPE REQUIREMENTS FROM MURPHY OIL FUEL DISPENSING STATION LOCATED AT THE SOUTHWEST CORNER OF APACHE TRAIL AND DELAWARE DRIVE. The applicant is seeking relief from the required 10' landscape setback on Delaware Drive due to existing driveway curbs,curb cuts, and parcel lines The proposed station would not have adequate driveway turning movement for vehicles onsite,and would not haves proper clearance around the canopy stucture for large vehicles maneuvering around the site if the landscape setback is required to installed. 7 PROPOSED RESOLUTION NO. 11-03,ADOPTING BY REFERENCE THE TEXT AMENDMENTS PERTAINING TO HOSPITAL SIGNS AS APPROVED BY ORDINANCE NO 1373,CASE AM-3-10. This resolution declares the text language attached to Ordinance No. 1373,amending the Zoning Ordinance with regard to hospital signs,as a public record 8 PROPOSED ORDINANCE NO. 1373,CASE AM-3-10,AMENDING THE ZONING ORDINANCE TO ALLOW HOSPITALS WHICH OFFER 24-HOUR EMERGENCY MEDICAL CARE TO HAVE PERMANENT SIGNS IN THE CITY RIGHT-OF-WAY,SUBJECT TO CONDITIONS,AND OTHER AMENDMENTS RELATED THERETO. On August 17,2010,council directed planning staff to proceed drafting these amendments On November 23, 2010,the Planning and Zoning Commission voted to forward the attached amendments,which not only address hospital signs in the right-of-way,but hospital signs in general 9. PROPOSED RESOLUTION NO 11-04,DECLARING THE TEXT AMENDMENT LANGUAGE ATTACHED TO ORDINANCE NO. 1372,PERTAINING TO MEDICAL MARIJUANA USES IN THE CITY OF APACHE JUNCTION,AS A PUBLIC RECORD. Adopting the text amendment language by reference in the ordinance and declaring it a public record pursuant to this resolution is in accordance with state law, and will save the city publication costs. 10 PROPOSED ORDINANCE NO. 1372,AMENDING THE 'DEFINITIONS'AND'GENERAL PROVISIONS' SECTIONS OF THE CITY'S ZONING ORDINANCE TO DEFINE,PERMIT AND REGULATE MEDICAL MARIJUANA USES IN THE CITY. At its meeting of December 7,2010,city council directed staff to proceed in working with the Planning and Zoning Commission to draft zoning regulations for medical marijuana uses in the city, in accordance with the voters'approval of Proposition 203,the Arizona Medical Marijuana Act. At the Planning and Zoning Commission meeting on January 25,2011,the commission voted 4-0 to recommend approval of the text attached to Ordinance No 1372 OLD BUSINESS. The Council shall consider any business that has been previously considered and which is still unfinished to include those items previously postponed or tabled No member of the public shall be permitted to speak on these items unless invited to do so by the Mayor after first submitting a written request-to-speak form with the City Clerk None �• NEW BUSINESS. The Council shall consider any business not yet considered No member of the public shall be permitted to speak on these items unless invited to do so by the Mayor after first submitting a written request-to-speak form with the City Clerk None K. COUNCIL DIRECTION TO STAFF. This item allows the Mayor and City Council to direct staff on specifically listed matters None L. SELECTION OF MEETINt. .ATES, TIMES, LOCATIONS, AND I 1POSES: 11. EXECUTIVE SESSION AT 5:45 P.M.AND WORK SESSION AT 7.00 P.M.FOR MONDAY,FEBRUARY 28,2011. 12. EXECUTIVE SESSION AT 5:45 P.M.FOR TUESDAY,MARCH 1,2011.OTHER MEETINGS IF NECESSARY M. CALL TO PUBLIC. At this time the public has the privilege to address the Council with requests,communications,comments or suggestions relating to City business that are not listed on the agenda All speakers must have already submitted a written"Request to Speak"form to the City Clerk no later than the conclusion of the City Manager's Report portion of the agenda If there is a group speaking on the same item,they should select a spokesperson All such remarks shall be addressed to the Council as a whole and not to any member thereof.The Mayor is authorized to ask a speaker to stop speaking and leave the podium or to adjourn the meeting if anyone becomes disorderly,uncivil,makes personal attacks or continues to speak about items that are not within the jurisdiction of the city after being warned such issues are beyond the jurisdiction of the Amok., city to act The Council may not answer questions of the speaker,discuss the matter with one another, but may,at the conclusion 1)respond to criticism by a speaker;2)ask the City Manager to review a matter,3)ask the City Manager to place the matter on a future agenda Each speaker must approach the podium,speak into the microphone,provide their name and address There is a three(3) minute time limit per speaker N. ADJOURNMENT. Copies of this agenda and additional information regarding any of the items listed above may be obtained from the City Clerk's office' 300 East Superstition Boulevard,Apache Junction,AZ Monday through Friday,8 00 a m to 5 00 p m., excluding holidays If any person with a disability needs any type of accommodation,please notify the Human Resources Office,at (480)474-2617 or(480)983-0095(TDD)at least 72 hours prior to the scheduled time CITY COUNCIL REGULAR MEETING FEBRUARY 1, 2011 The regular meeting of the City Council of the City of Apache Junction, Arizona, was held on February 1, 2011, at the Apache Junction City Council Chambers pursuant to the notice .• required by law. CALL TO ORDER Mayor Insalaco called the meeting to order at 7 : 00 p.m. INVOCATION Councilmember Wilson gave the Invocation. PLEDGE OF ALLEGIANCE Councilmember Coleman led the Pledge of Allegiance. ROLL CALL Councilmembers Present: Mayor Insalaco Vice Mayor Dietz Councilmember Barker Councilmember Coleman Councilmember Serdy Councilmember Wilson (Councilmember Eck was absent. ) Staff Present: City Manager George Hoffman Assistant City Manager Bryant Powell City Clerk Kathleen Connelly City Attorney Joel Stern Public Safety Director Jerald Monahan Parks & Recreation Director Jeff Bell Development Svcs. Director Brad Steinke Others Present: Grants Specialist Roger Hacker Business Advocate Janine Solley REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 1, 2011 PAGE 1 OF 12 Records Supervisor Rhonda Wise Animal Control Officer Laura Voelk Administrative Assistant Barbara Duft CRU Coordinator Constance Halonen Captain Troy Mullender ACCEPTANCE OF CONSENT AGENDA Vice Mayor Dietz MOVED .m. THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED. Councilmember Barker SECONDED THE MOTION. VOTE: Unanimous. The motion carried. ANNOUNCEMENT OF CURRENT EVENTS Councilmember Wilson invited the council and staff to the First Touch for the Black Stallion Literacy Program on Friday at Desert Vista School . The children will get their first book. They will start at 10 : 30 in the morning. Councilmember Barker commented she had the privilege of volunteering for the Itty Bitty Olympics on Saturday. It was a great day with hundreds of little kids doing physical activities . She complimented Heather, Crystal and the parks and recreation department for a great event. Councilmember Coleman announced on February 20 they have the Lost Dutchman Marathon. He was advised today that the half marathon is already full, which this far out is quite an accomplishment. If someone wants to run now, they must do the full marathon, 10K, 8K or the 5K. It is the 10 year anniversary and they will be giving finisher medals in all of the races . In the 10K he believes they have to finish in the top 300 . He will be running in the full marathon. AWARDS, PRESENTATIONS AND COMMUNICATIONS Grants Specialist Roger Hacker announced the Salt River Brass will be doing a concert on February 12 to benefit the parks and REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 1, 2011 PAGE 2 OF 12 recreation department. He introduced Laurel Pasantino, president of the board of the Salt River Brass, who gave a brief presentation on the Salt River Brass . CITY MANAGER' S REPORT City Manager George Hoffman commented on the Salt River Brass, thanked the mayor for representing the city at a Mesa Oath of Office ceremony, and commented on an article in the Arizona Office of Tourism News on Apache Junction. Councilmember Serdy interrupted to say after the event was over, he took the people from the Arizona Office of Tourism on a tour of the Multi-Generational Center. It was the star of the show, especially when they saw the views of the Superstition Mountains from the track. It is such a great venue. They really liked the venue and the way parks and recreation take care of it. City Manager George Hoffman commented people that are introduced to Apache Junction are often pleasantly surprised. He continued with his briefing, saying the city has now had 3 straight months of good sales tax data, but that there are 2 bills in the legislature that could be harmful to cities and towns. He added the Arizona Center for Civic Leadership invited Pat Brenner to attend a session they had, mentioning the Citizens Leadership Institute as a model for a state program, and that Crystal Sawyer of the parks and recreation department had an article appear in the Arizona Parks and Recreation Association publication. Public Safety Director Jerald Monahan introduced the Responsible Pet Owner Campaign. Presentations were given by Renee Mullender, Shelly Monahan, Captain Troy Mullender, Animal Control Officer Laura Voelk, Tuni House from Paws for Life, Marta St. James, and Community Resource Unit Coordinator Constance Halonen. During the presentation City Clerk Kathleen Connelly was recognized for adopting the first dog from the Apache Junction Animal Control shelter and was presented with a charter membership of the Silver Paw Club. Community Resource Unit Coordinator Constance Halonen presented certificates to the volunteers at animal control . REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 1, 2011 PAGE 3 OF 12 Mayor Insalaco commented it is a breath of fresh air to hear all the compliments from the volunteers and recall in the back of your mind all the nasty letters in the paper that are very negative . This outweighs those one hundredfold. Development Services Director Brad Steinke gave a presentation on the 2010 General Plan. Councilmember Coleman commented he appreciated his incorporation of the ideas and comments that he got from the council regarding the maps and all that. Vice Mayor Dietz added the work that he and his staff have done is phenomenal . PUBLIC HEARINGS DEVELOPMENT FEE ORDINANCE APPEAL BY MELISSA TRUDELLE ) Development Services Director Brad Steinke briefed the council on the item. Mayor Insalaco requested the applicant address the council . Ms. Melissa Trudelle addressed the council . She stated her intent is to take a vacant lot in an already completely developed neighborhood and build a new home. The lot is one of those eyesores sitting there with nothing but weeds on it. She was not aware prior to closing of the impact fees that she would be required to pay. She is here tonight to see if she can get the impact fees waived, which will hopefully prolong her relationship with this city and continue to do further projects like this . Mayor Insalaco opened the public hearing on the item. Mr. Elliott Fisher, 547 E. Quail, Apache Junction, addressed the council . He stated he sees the development fee situation as a shakedown and always has, especially with the economic climate now. The fee is unbearable for a lot of people trying to upgrade the city They REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 1, 2011 PAGE 4 OF 12 have passed maintenance standards to improve the city and then slam people with these expensive fees to improve their lots . She wants to take a lot and do something with it. He does not understand what the goal is for the fees. He does not believe that the fee actually goes into the development of roads in that neighborhood that the fees are collected for. He has not seen it in the past and he is not convinced. Mayor Insalaco closed the public hearing with no one else wishing to speak. He reopened the item to council discussion. Councilmember Serdy commented this was brought up before with the previous council . Five years ago one could buy any piece of dirt and plop something on it and turn it for a big profit. We were behind the times; he believed the development fee at that time was $3, 000 . He thinks that the jump was too big at that time and should have been gradually increased. He thinks they discussed several years ago the lowering of fees for infill to try to incentivize the infill in the older parts of town. Portalis and the large developments would be left higher where they are at. He would like to see some relief and incentive for infill projects. Councilmember Wilson asked what the impact would be to the rest of the community if they waive the fees . Councilmember Serdy commented he understands there is nothing they can do here. He meant for in the future. He would like it looked into. City Attorney Joel Stern stated Arizona Revised Statues Section 9-463 . 05 requires that development fees be administered in a fair manner. Essentially that means that if they waive the fee in this case, what would be required, but it is not in the statute however it is how it is interpreted by other cities, towns and legal experts who have dealt with development fees over the years, is that the city should take the money from the general fund and put that dollar amount back into the development fee fund. That is what is supposed to be happening and he believes that is the correct interpretation of a waiver. That way there is no discrimination REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 1, 2011 PAGE 5 OF 12 among developers and properties. No one developer is paying for another person' s waiver. That is the intent behind the statute. Mayor Insalaco asked him to explain what all the fees are for. City Attorney Joel Stern stated there are police fees, library fees, and parks and — recreation fees . However, the road fees are the largest part of it. The city does not have a fire department so there are no fire department fees . Other cities have fire department fees and sewer fees and have fees much higher. We do not have a sewer fee that we collect for the sewer district or one that we collect the fire department. Assistant City Manager Bryant Powell added additional fees are for open space and general government. City Attorney Joel Stern stated 80% of those fees are the road portion of it. That is the cost of the use of the development, how it affects and impacts the community. Councilmember Coleman commented the fee schedule is actually based on a calculation of the actual costs of that infrastructure. If they want to look at reducing the fees, if this is not the actual cost, then what they are looking at actually is how much they want the taxpayers to subsidize the cost of that infrastructure. If the costs are actually lower, then we should lower them. However, they have �. been told that this is the actual cost. He asked the city manager if he was interpreting this correctly. City Manager George Hoffman stated that is correct . Councilmember Coleman commented if they want to tax incentivize infill development, then we will be talking about taxpayer subsidizing the development . The fees are based on the actual calculated costs. He does not know if he will ever be able to convince Mr. Fisher that those are what the costs are . They have seen presentations REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 1, 2011 PAGE 6 OF 12 on the conditions of the roads. As traffic increases bit by bit, those fees go to pay for new roads . The expansion of the library is another example. The rate of books being checked out increased so we expanded the library with the development fees to handle the increase in population that we had. That is what it is . It is not immediate, it is the collectiveness of it. They cannot put up a fence and say they like the rural nature and want to stay small . But, he has heard from residents that they understand growth, they just do not want to pay for it or subsidize it. That is what the development fees do. The mere fact that we would be asked to take money from the general fund to pay for this waiver would be a very difficult thing for him to explain to the taxpayers. City Attorney Joel Stern stated there is another option for this applicant . She can come up with a different calculation if she believes these fees do not represent the actual cost. However, that is not the way this one went This is an actual request for a waiver. The City of Mesa recently had a court case where they added a new development fee, called the cultural facilities development fee. It basically pays for the cultural events downtown. That development fee was upheld by the Court of Appeals . It is on appeal to the Supreme Court . There are different types of development fees that can come in. This city tried a school development fee in 2000. Councilmember Coleman stated he does not want to talk about that one. City Attorney Joel Stern stated the analysis in that case was that it is not related to a city function. This statute was thought out pretty well, in that sense, if you look at the way the Court of Appeals looked at it . These are not needless development fees. They are what is needed to run the city. Councilmember Coleman stated he believed that what the court held was schools were not necessary public infrastructure. City Attorney Joel Stern stated that is correct. It was not listed specifically under REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 1, 2011 PAGE 7 OF 12 the statute and therefore the city could not do it . All the fees we have are listed under the statute . Vice Mayor Dietz asked if our fees were the lowest or one of the lowest in the valley. City Attorney Joel Stern stated based on population and infrastructure he believes that .•. is correct. City Manager George Hoffman commented he believes they are comparable. The largest component of impact fees are for roads. The cost of building roads has some basic shared costs across the valley. He thinks they are in the mix both in the cost to build a road and what we charge to build that road. He offered that Councilmember Coleman is absolutely right. The philosophy behind the fees is that growth should pay its own way. One of your speakers referenced that he did not see road improvements going into the neighborhood. The way the fee is designed, the whole city is currently the allowable zone for where the impact fee can be utilized. Councilmember Serdy has wondered, and staff wonders, if they can reduce the fees north of the freeway by making that its own zone and making the infrastructure costs south of the freeway a separate zone. They will need to utilize a specialized consultant to develop this one so that it is accurate and legally defensible to modify it . He is intuitively optimistic that they can achieve that objective because there is more infrastructure in now. Until that analysis is done, he cannot say that conclusively. It is his hope and his belief . They do not see so much of the neighborhood roads being built, �. but those who have been here a good many years will remember Superstition was not as it is now, nor was Broadway. We had two lane roads that worked fine for a very long time with four way stop signs. Person by person, dozens by dozens, hundreds by hundreds and finally thousands, as we grew over time, resulted in those two lane roads not being enough. The policy question for the council and community is if we need to go from a two lane road to a five lane road, should the existing residents pay for that or should each new home/growth pay for that. The option was the latter, that new growth should pay their proportionate share of building that new infrastructure. The system of fees in intended to have the new people help shoulder REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 1, 2011 PAGE 8 OF 12 .•. ... their burden. It was not legally required to have them do it. As Councilmember Coleman said, they could have the current residents pay for the new residents, or they could just not build the road. They have all been in parts of the valley where there is considerable traffic congestion. Vice Mayor Dietz asked if this also included the police department . City Manager George Hoffman commented growth has an impact across a variety of service levels. He spent most of the time talking about roads because it is the single most expensive component, but what he just mentioned is also a component. Mayor Insalaco closed the discussion with no further comments and called for a motion. Councilmember Barker MOVED THAT THE DEVELOPMENT FEE ORDINANCE APPEAL BY MELISSA TRUDELLE FOR A WAIVER OF THE $9, 508 . 00 DEVELOPMENT FEE FOR CONSTRUCTION OF A CONVENTIONAL HOME AT 341 W. 22ND AVENUE BE DENIED. Councilmember Coleman SECONDED THE MOTION. VOTE: Unanimous. (Councilmember Wilson stated during the vote that this is a complete new home. There has never been an existing structure on the property nor was a residence there in the past . ) The motion carried. OLD BUSINESS None. NEW BUSINESS None. COUNCIL DIRECTION TO STAFF REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 1, 2011 PAGE 9 OF 12 None . SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES Vice Mayor Dietz MOVED THAT AN EXECUTIVE SESSION AT 5 . 45 P.M. AND A WORK SESSION AT 7 : 00 P.M. BE HELD ON MONDAY, FEBRUARY 14, 2011, IN THE CITY COUNCIL CONFERENCE ROOM AND CITY COUNCIL CHAMBERS, RESPECTIVELY; AND THAT AN EXECUTIVE SESSION AT 5 :45 P.M. BE HELD ON TUESDAY, FEBRUARY 15, 2011, IN THE CITY COUNCIL CONFERENCE ROOM. Councilmember Barker SECONDED THE MOTION. VOTE: Unanimous. The motion carried. CALL TO THE PUBLIC: Mr. Elliott Fisher, 547 E. Quail, Apache Junction, addressed the council regarding the medical reserve corps, Superstition Mountain Promotional Corporation, school impact fees, residential impact fees, and the ability of cities to finance. Mr. James Boerigter, 1054 E. Roosevelt, Apache Junction, addressed the council regarding changing the rules on the notification on extension of bar premises. Councilmember Coleman commented Mr. Fisher was correct regarding the city not being able to collect the school impact fees . The appeals court said we could not do it. However, it is very common for one governmental entity to collect taxes on behalf of another governmental entity. Property tax for the school district is collected by the county. It is a common thing. One of the differences tonight between the appeal tonight and the appeal last time is that there had already been an existing structure on the last appeal that was granted. He voted against that one, also. Since there had been a structure, he can understand the way the council went on that one. As far as holding the city down, it puts us right in line with every other city that has development fees : Scottsdale, Mesa, Tempe, REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 1, 2011 PAGE 10 OF 12 Chandler, and Gilbert. As long as we are all holding each other down, it is an even playing field. He does not buy it. If they have bad infrastructure because they cannot pay for it, he thinks that is what holds cities down. Councilmember Barker asked the city manager to speak with Mr. Boerigter and try to see what the problem them. '� Councilmember Serdy commented he was going to ask the same thing. He added he believes all the cities pretty much do the same thing. ADJOURNMENT ) ) Mayor Insalaco adjourned the meeting at 8 : 10 p m. Consent Agenda Items are as follows : 1. Acceptance of Agenda. 2 . Approval of Minutes of Regular Meeting of January 18, 2011. ACCEPTED THIS 15TH DAY OF FEBRUARY, 2011, BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA. SIGNED AND ATTESTED TO THIS 15TH DAY OF FEBRUARY, 2011 . JOHN S . INSALACO Mayor ATTEST: KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 1, 2011 PAGE 11 OF 12 CITY COUNCIL MINUTES CERTIFICATION I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the regular meeting of the City Council of the City of Apache Junction, Arizona, held on the 1st day of February, 2011 . I further certify that the meeting was duly called and held and that a quorum was present. Dated this 8th day of February, 2011. r ,J /ter fA /f / / g. , KATHLEEN CONNELLY / City Clerk REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 1, 2011 PAGE 12 OF 12 4 P3A kf✓�'L� q Cz.ty of.�1,pac. Junction "a Home of the .S uperl trtro/z /t l orrl,tarn.c 4+PIZON* 25 Print TO: City Manager's Office FROM: Kathy Connelly, City Clerk DATE: February 15, 2011 Agenda Type : Regular Agenda Council Priority Focus Area: Additional Item Outside Scope of Identified Council Priorities TITLE OF AGENDA ITEM: Consideration of Resolution No. 11-05, Designating polling places and voting districts; appointing election boards and fixing their rate of compensation ACTION REQUESTED: Recommendation for Approval DISCUSSION/ BACKGROUND INFORMATION: This resolution updates the name of one of the city polling places (Cactus Canyon Junior High School), adds the position of Voter ID Clerk to reflect changes in state law and makes minor revisions to the board compensation schedule. FISCAL IMPACT: Budgeted Expenditure OPTIONS/ALTERNATIVES: RECOMMENDATION: ATTACHMENTS: Click to download 0 Resolution No. 11-05 RESOLUTION NO. 11-05 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, DESIGNATING POLLING PLACES AND VOTING DISTRICTS AND THE TIMES THAT SUCH POLLS WILL BE OPEN; APPOINTING ELECTION OFFICIALS AND FIXING THEIR RATE OF COMPENSATION. WHEREAS, Arizona Revised Statutes § 16-201 and § 16-203 provide for the holding of a primary election; and WHEREAS, notice of the City of Apache Junction Primary Election to be held on March 8, 2011 was published on January 12, 2011 and January 26, 2011 and posted at the three official city posting locations on December 28, 2010; and WHEREAS, notice of the March 8, 2011 primary election was prepared in accordance with the requirements of the Federal Voting Rights Act of 1965, NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AS FOLLOWS: SECTION I DESIGNATION OF POLLING PLACES AND VOTING DISTRICTS That Pinal and Maricopa County precinct designations be utilized. Voters residing within these precincts shall vote at the following locations: Precincts 40, 42, 43, 63 Superstition Mountain and Maricopa County 23 Elementary School 550 S. Ironwood Drive Apache Junction, Arizona Precincts 44, 46, 47 and Cactus Canyon Junior High 59 School 801 W Southern Avenue Apache Junction, Arizona Precincts 45, 56, 57 and Four Peaks Elementary 58 School 1755 N. Idaho Road Apache Junction, Arizona As required by Arizona Revised Statutes § 16-565 (A) , the polls shall be open from 6:00 a.m. until 7 : 00 p.m. RESOLUTION NO. 11-05 PAGE 1 OF 2 SECTION II ELECTION OFFICIALS AND THEIR COMPENSATION The election officials for the March 8, 2011 city primary election shall be appointed as set forth on Attachment A. If any election official shall fail to appear, the Apache Junction City Clerk shall appoint a qualified substitute . The rate of compensation for the election officials for the March 8, 2011 city primary election shall be as set forth on Attachment B. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS DAY OF , 2011. SIGNED AND ATTESTED TO THIS DAY OF , 2C11. JOHN S. INSALACO Mayor ATTEST• KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM: /'\ RICHARD J. STERN City Attorney RESOLUTION NO. 11-05 PAGE 2 OF 2 ATTACHMENT A PRIMARY ELECTION OF MARCH 8, 2011 PRECINCTS 40, 42, 43, 63, MARICOPA COUNTY 23 SUPERSTITION MOUNTAIN ELEMENTARY SCHOOL *INSPECTOR. Virginia Brandt (44) 655E Hondo (85119) 983-5419 MARSHAL: Robert Vinyard (43) 1503 S. Delaware Drive (85120) 671-1620 JUDGE: Dennis Smith (42) 745 S. Lawson (85120) 982-7942 JUDGE. Harold Wallis (43) 2101 S Meridian #62 (85120) 288-7756 JUDGE Lucille Brown (43) 1208 S Ocotillo Drive (85120) 982-8483 JUDGE Carmencita Vinyard (43) 1503 S. Delaware Drive (85120) 671-1620 CLERK: Linda Roark (43) 2101 S Meridian#121 (85120) 983-4475 CLERK Judy Rhinehart (43) 1391 S Ocotillo (85120) 201-3272 CLERK: Lovona Henson (40) 1396 S. Hale Drive (85120) 440-6340 CLERK Ethelda Johnston (43) 2481 W Broadway#3 (85120) 982-7167 VOTER ID CLERK Theresa Daily (43) 2481 W. Broadway#1 (85120) 288-7711 VOTER ID CLERK Pat Richmond (43) 3080 W. 16th Avenue (85120) p 982-0781 *ALTERNATE Robert Szopinski (59) 2105E 39th Avenue (85119) 474-9549 PRIMARY ELECTION OF MARCH 8, 2011 PRECINCTS 44, 46, 47 AND 59 CACTUS CANYON JUNIOR HIGH SCHOOL *INSPECTOR- Audrey Root (43) 2481 W. Broadway#94 (85120) 710-3653 (Cell) MARSHAL: Joseph LaGrasta (44) 1439 W. 15th Avenue (85120) 671-9493 (cell) 612-5172 JUDGE. Virginia Maack (59) (tentative) 3355 S Cortez Road #93 (85119) 288-9135 JUDGE: Delphine Gallagher (44) 1000 S. Idaho Road #248 (85119) 982-1521 *JUDGE: Carroll Jensen (43) 1116 S Grand (85120) 984-4471 JUDGE Anna Marie Freedlund (59) 3355 S. Cortez Road #14 (85119) 288-9063 CLERK Harriet Jones (59) 3355 S. Cortez Road #92 (85119) 671-9495 CLERK- Silvia Shuerman (59) 2400 E. Baseline#191 (85119) 983-9238 CLERK Teresa Dullum (44) 1000 S Idaho Road #476 (85120) 982-6053 *CLERK. Loretta Dorman-Nielsen (40) 2540 W Hawks Eye Avenue (85120) 983-4199 *VOTER ID CLERK Jodene Weeter (43) 1116 S. Grand (85120) 984-4471 VOTER ID CLERK June Wittman (59) 3355 S Cortez#3 (85119) 288-9098 ALTERNATE' Yvonne Owen (46) 3301 S Goldfield #4027 (85119) 510-2427 PRIMARY ELECTION OF MARCH 8, 2011 PRECINCTS 45, 56, 57 AND 58 FOUR PEAKS ELEMENTARY SCHOOL INSPECTOR Myrna Posthuma (43) 1350 N Valley Dr. (85119) 520-827-4040 *MARSHAL. Twanette Densmore (47) 856 E Friar (85119) 200-8370 *JUDGE Virginia Moreno (43) 1096 S Lawther (85120) 671-4840 JUDGE: William Nielsen (56) 2900 W. Superstition #33 (85120) 474-9409 *CLERK Janet Ginsberg (40) 3700 S Ironwood #183 (85120) 983-5303 CLERK: Claudine Nielsen (56) 2900 W. Superstition#33 (85120) 474-9409 *VOTER ID CLERK Twila Jones (44) 700 W Southern Ave. (85120) 288-6268 *VOTER ID CLERK Pat Ballock (40) 3700 S Ironwood Dr #183 (85120) 983-5303 *ALTERNATE: Sarah Jones 2324 W. Whitely (85120) 703-8567 PRIMARY ELECTION OF MARCH 8, 2011 EARLY BALLOT VOTING CITY HALL INSPECTOR. To be appointed in accordance with Secretary of State Election Procedures Manual JUDGE. To be appointed in accordance with Secretary of State Election Procedures Manual JUDGE To be appointed in accordance with Secretary of State Election Procedures Manual Mary Blackwater, Indian Translator (all precincts) (call 982-8002, option 5 for assistance with Spanish language or Indian language voters ) 0.1 ELECTION BOARD PAY SCHEDULE Inspectors $135/day Judges,Clerks and Marshals $125/day Training Class $20 *Early Voting Ballot Inspector $14/hour *Early Voting Ballot Judges $12/hour (*plus mileage reimbursement in accordance with current rate established by the Internal Revenue Service, if necessary to travel to Florence) Indian language translator as required by the Federal Voting Rights Act of 1965• $150/day ROLL CALL VOTE NOTES: ft ITEM # 1/3. MEETING OF tij/ MOTION BY. J SECONDED BY: rivbvv; -YES NO ABSTAINED COUNCILMEMBER WILSON COUNCILMEMBER SERDY COUNCILMEMBER COLEMAN VICE MAYOR DIETZ I COUNCILMEMBER BARKER J COUNCILMEMBER ECK MAYOR INSALACO UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL CONSENT AGENDA ITEMS NO. 1-3 I MOVE THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED, AND THAT RESOLUTION NO. 11-05, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, DESIGNATING POLLING PLACES AND VOTING DISTRICTS AND THE TIMES THAT SUCH POLLS WILL BE OPEN; APPOINTING ELECTION OFFICIALS AND FIXING THEIR RATE OF COMPENSATION, BE APPROVED. 4 Is ACME�, y�= City of Apache junction a 2 Home of'the Superstition �1 ourziains 4.91zat** al Print TO: City Manager's Office FROM: George Hoffman, City Manager DATE: February 15,2011 Agenda Type : Regular Agenda Council Priority Focus Area: TITLE OF AGENDA ITEM: MANAGER'S REPORT ACTION REQUESTED: DISCUSSION/BACKGROUND INFORMATION: FISCAL IMPACT: OPTIONS/ALTERNATIVES: RECOMMENDATION: ATTACHMENTS: Click to download No Attachments Available PUBLIC HEARING 1. For AN APPLICATION FOR A TEMPORARY EXTENSION OF PREMISES FOR JAKES-O-MINE SALOON 2. Will CITY CLERK KATHLEEN CONNELLY speak to the Council? 3. Will the applicant or spokesperson please speak to the Council on this item? 4. Is there anyone from the public who wishes to speak on this item? (Are there any "Request to Speak" forms?) 5. If not,this hearing is closed. 6. Is there any discussion? 7. Call for a motion. 8. Call for a second. 9. Roll call vote. O� �,pACH ✓y City of Apache Junction Home of the .S uperstttmn Mountain., ej Print TO: City Manager's Office FROM: Kathy Connelly, City Clerk DATE: February 15,2011 Agenda Type : Regular Agenda Council Priority Focus Area: Required by Federal Law or State Statute TITLE OF AGENDA ITEM: APPLICATION FOR AN EXTENSION OF PREMISES FOR JAKES-O-MINE SALOON ACTION REQUESTED: Recommendation for Approval DISCUSSION/BACKGROUND INFORMATION: An application for a temporary extension of premises has been submitted by Ms. Mona E. Reynolds for Jakes-O-Mine Saloon, located at 1985 W.Apache Trail, for February 27, 2011. The next step in the process is for the council to hold a public hearing and make a recommendation for approval or denial to be forwarded to the Arizona Department of Liquor Licenses and Control FISCAL IMPACT: OPTIONS/ALTERNATIVES: RECOMMENDATION: ATTACHMENTS: Click to download Ci cover memo D application • applicant letter 0 department memo O planning recommendation D police recommendation D fire recommendation op ACHE r� f ,J =d)e, l ftcr�l;to tw, tL GItydyZ Hoare of the Superstition Mountains ,4R 2Qt FEBRUARY 2, 2011 MEMORANDUM TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS THROUGH GEORGE R HOFFMAN, CITY MANAGER THROUGH KATHLEEN CONNELLY, CITY CLERK Y1/ FROM' JAN MASON, DEPUTY CITY CLERK SUBJECT' AGENDA ITEM FOR FEBRUARY 15, 2011: APPLICATION FOR AN EXTENSION OF PREMISES FOR JAKES-O-MINE An application for an Extension of Premises has been submitted by Ms. Mona E Reynolds for Jakes-O-Mine Saloon located at 1985 W Apache Trail in Apache Junction Correspondence has been received from Police Department, Fire District and Planning Division, a copy of which is attached The next step in the procedure is for the City Council to hold a public hearing on the application and make a recommendation for approval or denial to be forwarded to the State Department of Liquor Licenses and Control • Voice(480)982-8002 • FAX(480)982-7018• TDD(480)983-0095 •wwn aacity net 300 F Superstition Boulevard. Apache Junction.AZ 85219 ARIZONA DEPARTMENT OF LIQUOR LICENSES & CONTROL 800 W Washington 5th Floor Phoenix AZ 85007-2934 www.azliquor.gov (602)542-5141 APPLICATION FOR EXTENSION OF PREMISES/PATIO PERMIT THIS APPLICATION MUST BE RETURNED TO THE DEPARTMENT OF LIQUOR 0 Permanent change of area of service—Give specific purpose of change n Temporary change for date(s)of Sunday, February 27, 2011 2-6pm 1 Licensee's Name Reynolds Mona E Last First Middle 2 Mailing Address 1985 W. Apache Trail Apache Junction AZ 85120 City State Zip 3 Business Name Jakes-O-Mine Saloon LICENSE#. 06110021 4 Business Address 1985 W Apache Trail Apache Junction Pinal AZ 85120 City COUNTY State Zip 5 Business Phone ( 480 ) 982-8608 Residence Phone ( 480 ) 636-9674 6 Do you understand Arizona Liquor Laws and Regulations? 9 YES [I NO FAX# ( 480 ) 982-8608 7 Have you received approved Liquor Law Training? © NO 0 YES When? 11-20-2009 8 What security precautions will be taken to prevent liquor violations in the extended area? Extra Staffing and Doormen 9 Does this extension bring your premises within 300 feet of a church or school? 0 YES 0 NO 10 IMPORTANT ATTACH THE REVISED FLOOR PLAN CLEARLY DEPICTING YOUR LICENSED PREMISES AND WHAT YOU PROPOSE TO ADD ****After completing sections 1-9,take this application to your local Board of Supervisors,City Council or Designate for their recommendation. This recommendation is not binding on the Department of Liquor ,^ This change in premises is RECOMMENDED by the local Board of Supervisors,City Council or Designate (Authorized Signature) (Title) (Agency) I Mona E Reynolds ,being first duly sworn upon oath,hereby depose,swear and.declare, _ (Print full name) Jr. under penalty of perjury, that I am the APPLICANT making the foregoing application i have read'tt1 applicaltidrf and�.the ontents and all statements are true, rrect and complete _ nrT J�/l(+ 0( AlState of a 1C 2 O Y1 Ct County df ;i YTL J , X C` (S �r� (F SUBSCRIBED iN MY PRESENCE AND SWbRt TObeford Me'mts date t,. ignature of Own-r or A:ant) Day Month Year My commission expires on (?.(,,L.tiiWZ 3 t)? O f/ I — 1------- �} (Signature of NOTA-F I UBLIC) Investigation Recommendation❑Approval Li Disapproval by Date Director Signature required for Disapprovals Date i is uiasaszu0s *Disabled individuals requiring special accommodation,please call the Department(602)S42-9027. rn,r,ti s r _______ .._ _____. iT o�'r►e� LI Qub, 6 . „ r i , _� c'2 '� I 4 wAiK. .tv p 7.11 a" . ...7_ Abli"4" , •N<; 31'"?.(7< ,74 I b P4-(2.- 50 f' YAC c \C ‘< XKX 'C .X .` �� ,AxL rA8j r ,c ..c.. .14. gfl (.70...,,, ri.) , pay g A ot T C4 I x )4 (Ji r� 11- � o Y , ° r 0 C $ )( C5... , 7pt'1 x� n � fS -4c5 ,p,s u x 1 \.\ -.57 ,x -I, �C, . ..- r,:i...; xX � { 6 IF'itl 'Abel ET AON 60. @ n 6` I C`, i I ?ALo \I E-g.Q-E allnk Monday,January 18th,2011 I give my permission to Jake's 0 Mine Saloon to use my allotted parking spaces located at 1985 W Apache Trail,on Sunday, February 27th during the hours of 2pm and 6pm Pete or Peggy Jaco Fatmans Pizza Monday,January 18`h, 2011 I give my permission to Jake's 0 Mine Saloon to use my allotted parking spaces located at 1985 W. Apache Trail, on Sunday, February 27th during the hours of 2pm and 6pm Aimik Mike Marandola Money Mikes Pawn&Gold Shop ACHE aP4 014Wfe/W ttlie4 ,v Home of the Superstition Mountains 4RfZot%. January 18, 2011 Mona E. Reynolds Jakes-O-Mine Saloon 1985 W Apache Trail Apache Junction, AZ 85120 Dear Ms. Reynolds. Re Application for Extension of Premises/Patio Permit for Liquor License Please be advised that your application for Extension of Premises/Patio Permit for a temporary change of area of service for the liquor license for Jakes-O-Mine Saloon for February 27, 2011 has been scheduled for a public hearing. The public hearing will be at the Apache Junction City Council regular meeting on February 15, 2011, at 7:00 p m , at the City Council Chambers, 300 E. Superstition Blvd , Apache Junction, at which time a recommendation for approval or disapproval will be made to be forwarded to Arizona Department of Liquor Licenses and Control It is strongly recommended that you attend this meeting in the event that council has some questions on this application. If you have any questions concerning this matter, please contact my office at 982-8002 Sincerely, Kathleen Connelly City Clerk •Voice(480)982-8(102 • FAX(480)982-7018• TDD(480)983-0095•tivww'sicity net 300 E Superstition Boulevard, Apache Junction,AZ 85219 09 ACNE 1. • Wily 49/41,1Ste4filietiOnr 4 Home of the Superstition Mountains qq ON. .v. JANUARY 18, 2011 MEMORANDUM TO DEPARTMENT OF PUBLIC SAFETY PLANNING DIVISION APACHE JUNCTION FIRE DISTRICT 1ji THROUGH KATHLEEN CONNELLY, CITY CLERK FROM. JAN MASON, DEPUTY CITY CLERK SUBJECT APPLICATION FOR EXTENSION OF PREMISES FOR JAKES-O-MINE SALOON Ms Mona E Reynolds has submitted an application for a temporary extension of premises for February 27, 2011 for Jakes-O-Mine Saloon located at 1985 W Apache Trail,Apache Junction, Arizona. Please conduct the necessary inspections and submit your recommendation by Wednesday, February 2, 2011, in order for this to be heard at the city council meeting of February 15, 2011 • Voice(480)982-8002 •FAX (480)982-7018• TDD(480)983-0095•ww4t ajcity net 300 E Superstition Boulevard, Apache Junction,AZ 85219 Janet Mason From: Yanet Ochoa Sent. Thursday, January 27, 2011 1 29 PM To: Fred Baker Cc. Janet Mason Subject. RE Application for extension of premises for Jakes-O-Mine Planning has no objections to the extension of premises for February 27t1 2011. If you have any o"`• questions or comments please let me know. Thank you, ?',awe OC(d4 Assistant Planner 300 E Superstitionr3lvd. City of Apache Junc ion yochoa@ajcity net (480)474-2636 From: Fred Baker Sent:Thursday,January 27,2011 12.22 PM To:Yanet Ochoa Cc:Janet Mason Subject: FW: Application for extension of premises for Jakes-O-Mine Janet Please review and comment back to Jan Mason by Feb 2nd Thanks, fred From: Janet Mason Sent: Wednesday, January 26, 2011 3 44 PM To: Dave Moia 'm..,y ;_ .,e.montgomery0ajfire.orq); Brett Jackson; Fred Baker Subject:Application for extension of premises for Jakes-O-Mine i have received an application for a temporary extension of premises for lakes-O-Mine Please have your department recommendation to me no later than Wednesday, February 2,2011 as this has been scheduled for the February 15 council meeting Thanks. Janet Mason Deputy City Clerk City Of Apaci;p r,ncti'v, 300 E.Superstition Blvd Apache Junction,AZ 85119 480-474-5068 jmason@aicity.net Service Over and Above the Rest 1 .r �04"'h 4011Gt $ Apache Junction Police Departmei , C Interdepartmental Memo 4,0,04 DATE 01-26-2011 TO Captain Freeman THROUGH Lieutenant Jackson • "--2-'\ FROM Sergeant Freeman SUBJECT Jakes-O-Mine Application for extension of Premises I conducted a followup investigation at Jakes today 1985 West Apache Trail regarding their extension of Premises Application I went to the business after checking over the paperwork for the application There license is still current with the Arizona Department of Liquor Licenses and Control. Apparently the reason for the permit is that they are trying to lure in more business and are raffeling a 1994 Harley Davidson Motorcycle Jakes customers are expected to take up parking spaces of other businesses in the stip mall but they have included signed slips from the other business owners, who are ok with the event The event will go from 2 OOpm till 6 00pm Sunday February 27th At this time I have not discovered anything that would prohibit the event and approve of the submission of the permit to the City Council for consideration /elk — NomCFAI 00.Oki it� Apache Junction Fire District lit. ��.►..'moo i a' = 565 North Idaho Road, Apache Junction, AZ 85119 ',FOULLY SERVIN _ ! Phone (480) 982-4440, Fax (480) 982-0183 ~ ��Eou www ajfire org �� MEMORANDUM TO: Kathleen Connelly,City Clerk City of Apache Junction 300 E. Superstition Blvd. Apache Junction,AZ 85119 FROM Dave Montgomery,Deputy Chief/Fire Marshal UN DATE February 1,2011 SUBJECT Application For Temporary Extension of Premises—1985 W.Apache Trail The Apache Junction Fire District has reviewed the submitted documentation for 1985 W Apache Trail as related to event to be held on February 27,2011 at Jakes-O-Mine Saloon. We have completed a recent fire and life-safety inspection with no major violations noted We would recommend approval of this application based, as always, on good practices for the general safety of all patrons and employees during the special event noted. Applicant shall ensure that all local fire and life safety codes and ordinances are adhered to for the duration of said event. Thank you for your notification on this matter. DPM ROLL CALL VOTE Pbrk NOTES: Q7)14/ ' A if' il 4 II ITEM # vNit-) MEETING OF / V MOTION BY• SECONDED BY YES NO ABSTAINED COUNCILMEMBER ECK w COUNCILMEMBER BARKER V VICE MAYOR DIETZ V COUNCILMEMBER COLEMAN k COUNCILMEMBER SERDY ✓ COUNCILMEMBER WILSON MAYOR INSALACO V UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL ITEM NO. 5 I MOVE THE APPLICATION FOR A TEMPORARY EXTENSION OF PREMISES FOR JAKES-O-MINE SALOON FOR FEBRUARY 27, 2011, SUBMITTED BY MONA E. REYNOLDS, BE RECOMMENDED FOR(APPROVAL) OR(DENIAL) TO THE ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL. PUBLIC HEARING 1. For CONSIDERATION OF AN APPEAL OF CERTAIN LANDSCAPING REQUIREMENTS FROM MURPHY OIL FUEL DISPENSING STATION LOCATED AT THE SOUTHWEST CORNER OF APACHE TRAIL AND DELAWARE DRIVE 2. Will ASSISTANT PLANNER YANET OCHOA speak to the Council? 3. Will the applicant or spokesperson please speak to the Council on this item? 4. Is there anyone from the public who wishes to speak on this item? (Are there any "Request to Speak" forms?) 5. If not, this hearing is closed. 6. Is there any discussion? 7. Call for a motion. 8. Call for a second. 9. Roll call vote. O P Clita y�. CZ j! qf.4pache Junction Home of the Super:ctmon .\l or`rrtams 4RltON* Print TO: City Manager's Office FROM: Yanet Ochoa, Assistant Planner DATE: February 15, 2011 Agenda Type : Regular Agenda Council Priority Focus Area: Community Development TITLE OF AGENDA ITEM: CONSIDERATION OF AN APPEAL OF CERTAIN LANDSCAPE REQUIREMENTS FROM MURPHY OIL FUEL DISPENSING STATION LOCATED AT THE SOUTHWEST CORNER OF APACHE TRAIL AND DELAWARE DRIVE ACTION REQUESTED: Recommendation for Approval DISCUSSION/ BACKGROUND INFORMATION: The applicant is seeking relief from the required 10' landscape setback on Delaware Drive due to existing driveway curbs, curb cuts, and parcel lines. The proposed station would not have adequate driveway turning movement for vehicles onsite, and would not have proper clearance around the canopy stucture for large vehicles maneuvering around the site if the landscape setback is required to be installed. FISCAL IMPACT: Budgetary Approval Not Required OPTIONS/ALTERNATIVES: RECOMMENDATION: Recommend approval ATTACHMENTS: Click to download D Cover memo ❑ Application D Murphy Oil!Public Neighborhood Letter ❑ Site Plan ❑ Conceptual Elevations PRACH .s Ain b., Amok ez City of Apache Junction 4Rf ovP Development Services Department MEMORANDUM DATE: February 15,2011 TO: Honorable Mayor and City Council Members THROUGH: Brad Steinke,Development Services Director Fred Baker,Planning Manager FROM: Yanet Ochoa,Assistant Planner SUBJECT: Public Hearing Agenda Item: Appeal to City Council regarding P1-4-10; Murphy OiUGreenberg Farrow, appeal to the Landscaping and Screening Requirements. HISTORY: In 2001, Wal-Mart added a gas station (Tesoro Vehicle Fuel Station)on the Southwest Corner of Apache Trail and Delaware Drive The gas station was removed and the property is currently vacant When the previous gas station was removed they pulled out all the existing landscaping that they installed. The only existing landscape is in the right-of-way landscape that Wal-Mart installed at the time of their development. The property split from Wal-Mart's parcel into its own parcel in 2008 Murphy Oil is proposing to build on the same lot the previous gas station was .Me built on; since the lot was split it reduced the amount of available land for landscaping. The proposed landscaping for this proposal encroaches onto the Wal-Mart Parking lot. With permission of Wal-Mart,the proposed gas station will be allowed to encroach a couple of feet with perimeter landscaping on the south side and west side of the property However,the required landscaping on Delaware Drive does not meet code requirements. The applicant needs to maintain 10' for a driveway for vehicle turning movements on the east side(Delaware Drive) REOUEST ANI 4 ROPOSAL; Pursuant to Section 6-1-7 of the Landscaping and Screening Requirements, Appeal to City Council, Murphy Oil/Greenberg Farrow, represented by Kevin Parker, is requesting an appeal of the landscape ordinance to eliminate the required 10' landscape setback/landscape buffer along Delaware Drive. The request is to allow the development of a Murphy Oil gas station to be located on the southwest corner of Delaware Drive and Apache Trail.The applicant is seeking relief from the required landscape setback on Delaware Drive due to existing driveways curb cuts, and parcel lines The proposed Auk PZ-4-10 Murphy Oil Pg.2 station would not have adequate turning movement onsite, ► e proper clearance around gas canopy for vehicles maneuvering around the station if the 10' landscape setback is required to be installed The site is zoned CB-2 (General Business Zone) which allows a gas station. The application was reviewed at the Preliminary Development Review meeting on December 2, 2010 and since the zoning on the property allows this use the applicant can submit for ,.� a building permit Section 6-1-5-2-a states that "Public Rights-Of-Way shall be landscaped Required yards fronting on a public street in all single family dwelling subdivisions, mobile and manufactured home and recreational vehicle subdivisions and parks, commercial and multiple family uses and zones shall be entirely landscaped, excluding driveways and walkways". Section 6-1-5-3-b states that. "Along all other streets, a minimum 10 foot landscaped yard shall be required" As requested the applicant is providing Southwestern Architecture instead of the corporate architecture and will also be working on creating a comparable design on their monument signs. With approval of the appeal, the project will still meet the 10% required minimum landscaping onsite. RECOMMENDATION I move that City Council (approve/deny) case PZ-4-10 an Appeal to Section 6-1- 5-2-a and 6-1-5-3-b Streetscape of the Apache Junction City Code, Volume II, Land Development Code, Chapter 6, Article 6-1-1, Landscape and Screening Requirements (Ordinance 940 and Amendments)to allow relief on a 10' landscape setback fronting Delaware Drive for the proposed Murphy Oil gas station located at Southwest corner of Apache Trail Rd. and Delaware Drive Attached: Landscaping and Screening Appeal Application Neighborhood Letter Murphy Oil Site Plan Murphy Oil Conceptual Elevations CITY OF APACHE JUNCTION APPEAL OF LANDSCAPE AND SCREENING REQUIREMENTS Owner/Agent Information: Name: Kcvu NatY6E - talefeasstrAstroia Telephone: d&•32/-34.0 Address: kat)N. rid.SWAT,Sorf6A . .S.DersostAs AZ SiS240 Property Information. Zoning Classification Current C$- Requested: C&-07 Property Size: 0/4 jrf acres n square feet County Tax Assessor Parcel 4: 101-Qe-CO?G Legal Description of Property(found on County Tax Bill Notices): Address/Locatton of Property(if different from Owner Address,above): .1405 W.AAAJIF 7itwlt_ REQUEST INFORMATION• Describe existing and proposed use of the subject property and building(s): FBL1 IS c.ozer.,f4 JAc or PitzmwS vsr.Laos 4'lsxoro vwecl,b Fuse S;sr1ecL%-J. PLo s*- rS A & ) f' NI (Ad Rlsl Sfitnes..1 7e R, to s e' 5I D I.Orna rrAK 6.:15G1w'/_A111,4('&6 t Describe the request 1 7t19cA"IO}Ywr t-nc als.OsrAer Calcuuslot,e- AG"r c_/a,nvsy lsakdZ 4Lxr-LL_- Pr Describe any special circumstances or conditions that exist which would cause smut application of the regulations to be an unnecessary hardship: bu.10 f+X:Sra Q¢,w aes� j.rR r•,r�,ANr1 Perim-L.eAS<KA flmlrigP'/S as 7ersgesoiCl 4rn-To wacr den saw/Z. Pv-ernk,J i nto Alta)FOG f1eARK CL40[aZi tztat Gres c.AkieeY- Describe any other reasons for the request s f1 PitzafteatIlaraitrep LAX:6oef%Aitet AeA.,Si APr4ic-fRs1L Ai an 47 f•,r1ze''lb fi PAUdtrZ4f6 cols Gtetostdtir 4Csf L , OFFICE USE ONLY Case No: FEZ /-/G/Pl .J v1010-0oO1 y- Date Filed. /a A--/C Receipt No: Fee Amount$ a?5c`=• Application Received 8y: y rife C Chc'r4_ j ft" ,4,0.„ S0071 S33I:11L3S Lcamo as OTOLZ90091 XV4 TV ST OTOZ/LLTT Greeaberglarrow SuN'Iltusir 033323 SunT,E aank Allente CHECK DATE 1430 West Peachtree Street,NW Manta Geo,ye Suite 200 e4411610 Atlanta,GA 30309 November 24,2010 PAV Five Hundred and 00/100 Dollars AST 5500.00 TO City of Apache Junction ) Planning Department VOID AFTER 120 DAYS 300 E Superstition Blvd. Apache Junction AZ 85219 AU L1SIGNATURE 0033323+t• t:061000101.s:LO0008B11SO67t' / 0 CITY OF ROE JINCITOK OCVELDPIEKT SERVICES 12/03/2010 130011 01 00000096549 CLERK01 LEGAL AD ESCR011 ,$500.OD T.**101Al $500 00 CHECK $500 D0 CHARGE S0 DO THANK YOU ) Greenberg row svrvsr 033322 &Anus!Bank,Aurnla CHECK OA rE 1430 West Peachtree Street.NW ahaMs G90kaa Suite 200 6e-r17/610 Atlanta,GA 30309 November 24,2010 r Two Hundred Fifty and 00/100 Dollars AMOUNT $250.00 To City of Apache Junction Planning Department VOID AfTER 120 DAYS 300 E Superstition Blvd. Apache Junction AZ 85219 0033322e 406100010441000088115 67l• bne 8 8as k 49 xz UU 3 3 .T orgy tut Mime de os(4 d Or istpdtty dawied Filed eroaladom blether*qpd ad ha*euaeged tepee dt deed alb mali b pod d owrllAt. AN.. Me eia mid lde appdae bwrdw ti Irew edldd*tididd lid led 6)ploefan d hefi Cq has lie opted deb,*Nail a doll dled Need*UO rcaduts(aMtHen*. NW,Why tie a iditg Mho ptopet4 b Nn np01 Mm.liedd wedded T"."one.+..F.`"1"1 .*aid nereir efae alit Me hw adabed braes*do Ade*id itaeeat bleb led ateeedaebnrdidId IddCa/d View Mite aadWe1Mr wwtpadap Mdna*this maw*add be Man*a KW.. PLEASE PRINT Proper Dam Nuns Wad J 10019F.1M teats SW AWN* emir....AR 7271e.o501) L»rs-aao/SG59-e.2.5 9'354 ' cal,ark Lp Tetdpaaa web esU.SA.aa:gee* Pulliam Omer) Rawly brier►b. sai•• 422K.easki alr,ead Sired Mines El Delft,AR 71730 elSSOHeae CA',SW,2, Teeplew Ges~mwr mom melts) Apt Hine Madam tee m sad tweet SON A SirelAddies etc e0eta.AL 05210 802a2+-5112 ett so"na ,Q�,Q,�e� Toiddeo s STATE Of maw ham114`4"_ The bu ob6 tYwetwa L._ g floe me ded _jam dqd Deed..Orr 20f2 :it Hob,Petit Gl //SA NOT rA'1 GMOAT 14 Caated�d Expires. ^)/) /201 b tl07 tlliLlC e( Demo, ` -•ansas My Commt.an.v ,..D12016 Consanr,kre424,12,e7100 code e110laT115,tJ®i0'0A9d e10LteNe►ZId-I K 7t are=/LI/tT When recorded return to: City of Apache Junction Development Servkea Department 300 East Superstition Blvd. Apache Junction,AZ 152111 PROPOSITION 207 CLAM WAIV!RSNDEMN F ATION/ACKNOWLEDQFMNT 1, bidaa.dQ•edri Mal owner of prope ty Identified as al County Assessor Parcel No.j01 a which le the subject of Apache Junction City Council,Planning&Zoning/Board of Adjustment or other Cue No. .hereby waive any and s0 potential diminution In volute and just compensation claims or lawsuits that could be pursued against the City of Apache Junction,he docbd officials, appolntaes,and employ's:pursuant to Proposition 207 as a result of the Planning and Zoning ConwNeslon/Bosrd of AdjustmentlCounclVs approval of the above-referenced matter. I acknowledge I have read and understand the language sat forth In Proposition 207. This waiver to authorized pursuant to A.R.S.b 12-1134(I). I also hereby warrant and represent I am owner of the title to the above-referenced property and that no other parson has any ownership In such propeeer'tyy.--, liaiu pNebei_ Jeff %!1' .rr/�S�rGaz zit 5 �� ig//io • tun of Owner Dab Stets of Pe tetra 44 II5- County of I.weillf t- 1 ss SUBSCRIBED AND SWORN TO before me this L day of I/termL py , top ro by Ale,14 ,. Nv 61e. My c L1Q �.AQ commission expires: 2 •J C sniff ,/, /20,, Notary PublicF____ SARAN rAI:. CHOAT NOTAR,ot.IRLIC Bernor.':-. ,. 40YaS hty Commiss_-- ,os21112016 Commusror N:^,eI,23.7100 Mira 1Lo.d01BAse IV/r► 4[ 0[Or/LVTT tte w p Page 1 of 1 Sea►eh Criteria(Parcel Number:101-04-002-9 NOW Search Search Results(3 Entries) lack to Uet Pared Details(101-O4-002C) View Details %Usk to This►Mar Pyle Vino Parcel Number 101-06-002C shows the following information for Tax Year: 2011 Tax Year Chart A^ Pascal Nu beat 1101-06-002C)1 f Owner 1: VEAL-MART STORES INC Section: 149 I Towno55: 101N I au:N: 108E latter 2: oar ae,.er: I oo6.19 I Moo I V.wpemr Maa I arrner 3: homely 0.r01wao:Ma me r dnrt) 11a 0/0: THAT PORTION OF SEC 19.1N-6E DESCRIBED AS FOLLOWS:COM D TM Out Nero Amer CTR 114 COR SEC 19 TN S56D W-90 06 TO POO TH Se50 E35.39 7N Amer: PO BOX 8050 L60566 S•127.96 TN W167.83 TN N-153 00 TN E-182.53 TO POB,.85 AC Cap: BENTONVILLE Mates AR as CON: 72712 PerW wr: I0.8500 I wr 10Mor.rt !Sp FI TN Area Coen 4306(Rates current as of 2010) use CONS 0022 toad Lgal Clers S.Pp.Lg.l Cyr 02R Pea Cae Teem(rCV), 8141,570.00»Value Dahl! 10.b0 Tarty(LPY): 3141.570.00 arl Property beet AOrtlrO PCV: 322,661.00 Anese WV: 922,661.00 O5Oneeil0 Document Number Not Given ono or saes NO Gwen I Soo Arorin Not Germ Property Adenoma(Location): Sebelvisleet I WW1 I I Mods I Lot 1 I Pe: N ) I Canet: 1 1 Peres wrem I IValue Details View Values Amok httpi/pinakountyaz.gov/Departments/Assessor/Pages/ParcellnfoSearch.aspx 12/3/2010 16000 N 80th Street Suite A Scottsdale,AZ 85260 t 602 633 5290 f 480 275 7680 INEA Greenbergfarraw AEKAG NEW YO3K LOS ANGELES ROSTON DAIJAS NEW JERSEY $1 PCEER;RURG Dear Neighbor Please find enclosed a Conceptual Site Plan and Conceptual Elevation rendering for a proposed Murphy USA fuel station located at the southwest corner of Delaware Drive and Apache Trail in Apache Junction,AZ. As a neighbor who owns or represents property near the subject site,you are receiving this notification to inform you of a City Council hearing scheduling for the following time and location. Date.February 15th Time 7 00 PM Case#.PZ-4-10 Location City Council chambers Apache Junction City Complex 300 E Superstition Blvd Apache Junction,AZ,85119 Murphy Oil Corporation is an international oil and gas company that conducts business through various operating subsidiaries The Company owns refining and marketing operations in the United States and the United Kingdom Over the past decade, Murphy Oil has made a commitment to building and operating high quality,low-cost gasoline stations primarily in the parking areas of Wal-Mart Supercenters. These stores have been opened under the Murphy USA®brand across 20 states in the U S This past year, Murphy Oil has made a commitment to bnng this concept to the Arizona market with the first store to open in Apache Junction,AZ The proposed location consists of a 10 pump fueling facility and a 600 square foot convenience store under protection of an architecturally enhanced canopy While the proposed use is an allowed use within the zoning district(the site was previously developed as a similar gas type facility),but to make the Site Plan function property and maintain proper circulation with truck clearance,we are requesting a reduction in the landscape setback along Delaware Drive This is the matter that will be reviewed and discussed at the City Council hearing The City Council hearing is open to the public and there will be a time to solicit public input on the matter proposed Any questions regarding the Council process or application can be directed to Ms Yanet Ohcoa Assistant Planner—Apache Junction 480-474-2636 In addition,if there are any questions you have regarding the Site Plan or elevations included,they can be directed to Kevin Parker at GreenbergFarrow at the number noted below Best Re Kevin R Parker,P E Client Manager 602-633-5290 d tl•S:s t: za.L•iC: N e>':ai'`K. CB1(07ASh1ERQAL aa x GENERAL BLS1NESti I •x..:a .p APAOE TAA1. 1:3)a Sm.:. . . rs.�sa..,',rcwr,.;r .R to.,f me i.[ re ZmJIML 0.�y s 7 • . 1114.!' ‘%11 0 ...‘\'''' 1 .4 .., c, . • : ., ( i „,,„,.. 0= =.. w I 0 .a ...•--r' TRAFFIC hCM FRRGN . ;{F 1= P .1 V `.'pl i ' ' _••4--i- jA� T-4- F— —.4' a-- I y ".3.���\ _� j ! �'� � ~M...4..*PT -.Y...S• ...a gams..R....-u• ZIa, u STOP ' fi.1n—b. f y—c_J_- _ _ _ 9. Emp 1 / •ry•�'w s..R.awo- • �S tl `7j p 1 a:d!' I. ...•. .....•... 1. •wY w r,�.Mw'w.a.a..*""' J Kp; c - Q, k '` AccEssvu PA.KYt scN sta.sa ..Y..r.rl�:S 7.: '� 7 it, C] r� I _ ym"�"m."e.un..".. 4g2t A• - �1 a:�� ! r. ' 'f' e'»n..ta1 tl"i`a'y w�4i w»-`i wvww p,t Tia egitVIII ..374,._ ...le* /,....x 6.gin»,—...:T"::^..m:..di.".'c.v.""."',7. P L"!' �''ice tl - a .0w.........ac.,...u.I» ass ([1 i ' e 1!j L. awt rR` ,k \/ ACCESS9tE PArt•,N:ME' Kr. / .w - 5.P 9.R_13 ` ill marE1 r.:K nan ww 0 •t _- ..,�.., / ew u.e•r r•...,•wnw:a.l..•.enao c,�j !i 'sggggagagaEaaa Kxaax�x6 4`: 3'` a€ggaggea,,'csaxgg:gg!lg ri: _ foie. <.c iiaagaigas•g g g=' gxggs gg a•g's'Sagsxls i 0a , 0,,,„."......; o PARKING N ORUA ION: I a •€�t%5aaSaa R BR gkg$gg S ,� «KE � IMLAPPY OIL ix •Kr ZO s �.. -5--w,-K......•m.•r -..a NO RRL.1•C=�2l� c•Ctkits y!I!:ltct!.Du Ci- MEMI0 ) • _ ,,c be.: ill..,•.aa n.»v a rw ` •�W "C ALA F;^4'-c EWE.STAKES 1 -••,• �'�� :. -NW CONSTRUCTION`S.AFET!FENCE »• I_ ill, t-800-782-5348 ®�� !' �� 4:n2.7.+A.Stv'S'AItC CENTER g J °, li C TEMIMEOACRYS FINIS/1 �TO STRUGNRE -i _aN �, Mary " MURPHY f XPR�"S °'a 3 -°m wBN+N., , ,�._,. ',,• v.- .., ter'r"7",', - T':AG _,,,.,x ^k„�p`r"rJ`vSx• ,., ix ,.. - �n-.+ 'x. .. } ,� ,,�...... CENT SAND ._r A,. ACCENT BAND _ --- <. e ""'""' A+'� ROW NDUSE TAN'SYlI1680 #iil' TE1T 0 5 8800 2 0 CM10PY - ' - t` S. -^ f i , PLANTED TOASTY SW MOB° OT _ } p t1 / 1 ��1 °■I �_+ rNOW HOUSE TAN SW01600 .. �1 .• ORE PLR ELEV. .. =NA FRONT ELEVATION o $ 10 Is 20 Jo RIGHT ELEVATION • :_..:.s TEXTUREDS ACRYLIC FINISH 'TOASTY' W MOBS Y TU$1RUGTUHE J'RL.x7 J .. •10 fASCIA MURPHY • °'s' 2.34� .6' 2.349 .-...T.^...e'.�.1 wan °41.. •, ` d^.'•0•y, ^ '1 lat^^T NATURAL 11000 FINISH VIGA6 _,_._ i-,1• I il hi' .. :. -, &ifs BIIRJNHOOODRSl iRAMES PAINlEOES'� F� a qN, a ` 1 � 'RQV HOU°E TAN'SW°TSM �` 'FIN.FIR ELEV REAR ELEVATION 0 s 10 Is 20 30 LEFT ELEVATION n^ =4 On.MGNAGE SIZE AREA TOTAL AREA 34 2 MURPHY Ex PRE SS t 000 SIGN,CANDPY� GRAPHIC AREA 1OMSf BONSF 1 ISIANDSPANNER 2518'1 %BI1SL 110OSF 6612SF r• " I'ti" 0 LSALLMd%1TSIGN,BUILDING) 01200%11020 SSSSF. ,1.10SF 't * .., J LARGE PRICE SM.N 500410 5125N X 110001 42.00 S.F 120.00 0S F " - - I MONUMENT SIGN iti 10fi'11 X16'-01. 151 SO SF. IS250SF I MONUMENT SIGN(DEL CYJARE) B.B'H.%,1'.B'L. 102615.E 10261SF fi ?' t` bill ' TOTAL PERMANEIIT SIGMAGE 652.21 S.F. L. fi 9 s grrr Er �ss L ..... ..,.... , ,.., _ ,L :... 2. 34 „::,,,, ,,,.,„. *, . . _ . ,,,„ .„.;:...,-"." .r .. „' 1,r EAfI[0 LARGE PRICESIGN(CANOPY) �R-�- SPLIT FRCS C05U 0ANTED l;_"' Al 1 'TOASTY'SW MOBSITYPi - A II tl I I �,ONNUAyNNi$NiN APACHE TRAIL 1. .Y �/�n�/ /� r * F._- M I 5 BB .414 _ Iv_ IT B- • M[IRI'In EX/"REsls .: 0. :_-10 — 1, @ 2.349 - MURPIIYE%PRESS LOGO SIGN IGINOPYI Pil N��+w a,x NOTE RECESSED CANOPY LIGHTING REOUIREO w'. .___..<_....1 RAND SPANNER WALL MWNI SIGN IBuLOINGI REPRESENTATION ONLY Bj3 ( jj NOT FOR CONSTRUCTION ,�//U�! EXPRESS jj jj BUILDING IMAGES SHOWN ARE A REPRESENTATION OF THE DESIGN (/Yi. H/V Apache Junction, AZ W MATERIAL OICYHOTRCTIONTH T SUBMAY OCCUR UR DUET L COLORMA R r C h 1 t e C t u r R MATERIEL ESA AND FINAL DENTHATTAYOGCUt DUE TO LOCAL MATERIAL OIFFERENCESANO FINAL DESIGN DETAILING. 12/08/2010 E ROLL CALL VOTE NOTES: 24 /' I Ask, riliflitt 1\1))1( 1) ITEM # ^ ME TING OF ' MOTION BY: L1 SECONDED BY: YES NO ABSTAINED COUNCILMEMBER COLEMAN / COUNCILMEMBER ECK V' COUNCILMEMBER SERDY tiff' COUNCILMEMBER BARKER V COUNCILMEMBER WILSON 4 VICE MAYOR DIETZ MAYOR INSALACO UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL ITEM NO. 6 I MOVE THAT THE APPEAL OF CERTAIN LANDSCAPE REQUIREMENTS FROM MURPHY OIL FUEL DISPENSING STATION, LOCATED AT THE SOUTHWEST CORNER OF APACHE TRAIL AND DELAWARE DRIVE, (BE APPROVED) OR(BE DENIED). PUBLIC HEARING 1. For PROPOSED RESOLUTION NO. 11-03, ADOPTING BY REFERENCE THE TEXT AMENDMENTS PERTAINING TO HOSPITAL SIGNS AS APPROVED BY ORDINANCE NO. 1373, CASE AM-3-10. 2. Will SENIOR PLANNER RUDY ESQUIVIAS speak to the Council? 3. Will the applicant or spokesperson please speak to the Council on this item? 4. Is there anyone from the public who wishes to speak on this item? (Are there any "Request to Speak" forms?) 5. If not,this hearing is closed. 6. Is there any discussion? 7. Call for a motion. 8. Call for a second. 9. Roll call vote. 0i. City of 4pache Junction Home of the Superstrtron MountainsP/200 g Print TO: City Manager's Office FROM: Rudy Esquivias, Senior Planner/Zoning Administrator DATE: February 15, 2011 Agenda Type : Regular Agenda Council Priority Focus Area: Additional Item Outside Scope of Identified Council Priorities TITLE OF AGENDA ITEM: PROPOSED RESOLUTION NO. 11-03, ADOPTING BY REFERENCE THE TEXT AMENDMENTS PERTAINING TO HOSPITAL SIGNS AS APPROVED BY ORDINANCE NO 1373, CASE AM-3-10. ACTION REQUESTED: Recommendation for Approval DISCUSSION/ BACKGROUND INFORMATION: This resolution declares the text language attached to Ordinance No 1373, amending the Zoning Ordinance with regard to hospital signs, as a public record. FISCAL IMPACT: Budgetary Approval Not Required OPTIONS/ALTERNATIVES: Zoning Ordinance Requirement — RECOMMENDATION: Recommended for approval in order to save publication costs. ATTACHMENTS: Click to download Ci AM-3-10 Council Memo D Res.#11-03 ACH eJ p.. o City of Apache Junction ,„,0„,c. Development Services Department DATE: February 15, 2011 MEMO TO: Honorable Mayor and City Council Members THROUGH: George Hoffman, City Manager Brad Steinke, Development Services Director Fred Baker, Planning Manager FROM: Rudy Esquivias, Senior Planner/Zoning Admin. SUBJECT: Feb. 15, 2011, City Council Public Hearing Item: Proposed Resolution No. 11-03 and Ordinance No. 1373: To approve Case AM-3-10 - Proposed Text Amendments to Zoning Ordinance to Allow Hospital Signs to be Located in the City Right-of-Way. Summary At their meeting of August 17, 2010, the City Council directed Staff to process the necessary amendments to the Zoning Ordinance through the P&Z Commission, to allow hospitals, specifically those which offer 24-hour emergency medical care, to place permanent signs in the public right-of-way for improved visibility. P&Z Commission Meetings and Recommendation The Planning and Zoning Commission held work session discussions on AM-3-10 at their meetings of September 28, October 12, and October 26, 2010. At their public hearing on November 23, 2010, the Commission voted 6-0 to forward a recommendation of approval for the amendments as detailed in the attached ordinance The resolution declares the ,►. text amendment language attached to the ordinance a public record The Commission recommendation not only allows hospitals (those which offer 24-hour emergency medical care and have ambulance receiving facilities) to have monument signs in the right-of-way (subject to conditions) , but also allows them to have taller on-site monument or detached signs outright as an option. Hospitals in general, would also be allowed to have attached and detached signs as allowed for uses in commercial districts. City Council Work Session At their work session of January 3, 2011, the Council seemed agreeable to the recommendations made by the Commission, with no other suggested changes. Attached Draft Res. #11-03 and Ord #1373, Nov 23, 2010, P&Z Staff Report w/Attachments RESOLUTION NO. 11-03 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 ENTITLED "CASE AM-3-10: AMENDMENTS TO THE APACHE JUNCTION CITY CODE, VOLUME II, LAND DEVELOPMENT CODE, CHAPTER 1, ZONING -- ORDINANCE, PERTAINING TO SIGNS FOR HOSPITALS" WHICH WAS ALSO ADOPTED BY REFERENCE AS AN EXHIBIT TO ORDINANCE NO. 1373. WHEREAS, Arizona Revised Statutes Annotated (hereinafter "A.R. S . ") , § 9-802, permits municipalities to enact the provisions of a code without setting forth such provisions in full text as long as the adopting ordinance is published in full text and at least three copies of the code are filed in the office of the clerk of the municipality and are made available for public use and inspection, and WHEREAS, pursuant to A.R.S . §§ 9-801 (1) and 9-802, such codes include land development codes; and WHEREAS, 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. NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council of the City of Apache Junction, Arizona, as follows : SECTION I . DECLARATION OF PUBLIC RECORD That certain document entitled "CASE AM-3-10: AMENDMENTS TO THE Auk APACHE JUNCTION CITY CODE, VOLUME II, LAND DEVELOPMENT CODE, CHAPTER 1, ZONING ORDINANCE, PERTAINING TO SIGNS FOR HOSPITALS", three copies of which are on file in the office of the City Clerk of the City of Apache Junction, Arizona, is hereby declared to be a public record and is hereby available for public use and inspection, and said copies are ordered to remain on file with the City Clerk. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS DAY OF , 2011 . SIGNED AND ATTESTED TO THIS DAY OF , 2011 . RESOLUTION NO. 11-03 PAGE 1 OF 2 eN JOHN S . INSALACO Mayor ATTEST. KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM• RICHARD JOEL STERN City Attorney RESOLUTION NO. 11-03 PAGE 2 OF 2 ROLL CALL VOTE NOTES: 1 \ /00 f� 1 ,i ts\‘,y .,Uk‘ r piil ITEM# 1 MEETING OF MOTION BY: SECONDED BY: ti'n'l YES NO ABSTAINED COUNCILMEMBER SERDY V VICE MAYOR DIETZ ' U/ COUNCILMEMBER ECKVi COUNCILMEMBER WILSON V COUNCILMEMBER COLEMAN COUNCILMEMBER BARKER 1.1j MAYOR INSALACO UNANIMOU IN FAVOR OPPOSED ABSTAINED TOTAL ITEM NO. 7 I MOVE THAT RESOLUTION NO. 11-03, 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 ENTITLED "CASE AM-3-10: AMENDMENTS TO THE APACHE JUNCTION CITY CODE, VOLUME II LAND DEVELOPMENT CODE, CHAPTER 1 ZONING ORDINANCE, PERTAINING TO SIGNS FOR HOSPITALS" WHICH WAS ALSO ADOPTED BY REFERENCE AS AN EXHIBIT TO ORDINANCE NO 1373, (BE APPROVED) OR(BE DENIED) PUBLIC HEARING 1. For PROPOSED ORDINANCE NO. 1373, CASE AM-3-10, AMENDING THE ZONING ORDINANCE TO ALLOW HOSPITALS WHICH OFFER 24-HOUR EMERGENCY MEDICAL CARE TO HAVE PERMANENT SIGNS IN THE CITY RIGHT-OF-WAY, SUBJECT TO CONDITIONS, AND OTHER AMENDMENTS RELATED THERETO. 2. Will SENIOR PLANNER RUDY ESQUIVIAS speak to the Council? 3. Will the applicant or spokesperson please speak to the Council on this item? 4. Is there anyone from the public who wishes to speak on this item? (Are there any "Request to Speak" forms?) 5. If not,this hearing is closed. 6. Is there any discussion? 7. Call for a motion. 8. Call for a second. 9. Roll call vote. PgACHEI f: City pf Apache Junction u z Home of he .S uper.+titio i 1 oii,ii the 4RIZOto' a Print TO: City Manager's Office FROM: Rudy Esquivias, Senior Planner/Zoning Administrator DATE: February 15, 2011 Agenda Type : Regular Agenda Council Priority Focus Area: Additional Item Outside Scope of Identified Council Priorities TITLE OF AGENDA ITEM: PROPOSED ORDINANCE NO. 1373, CASE AM-3-10,AMENDING THE ZONING ORDINANCE TO ALLOW HOSPITALS WHICH OFFER 24-HOUR EMERGENCY MEDICAL CARE TO HAVE PERMANENT SIGNS IN THE CITY RIGHT-OF-WAY, SUBJECT TO CONDITIONS, AND OTHER AMENDMENTS RELATED THERETO ACTION REQUESTED: Recommendation for Approval DISCUSSION/ BACKGROUND INFORMATION: On August 17, 2010, council directed planning staff to proceed drafting these amendments. On November 23, 2010, the Planning and Zoning Commission voted to forward the attached amendments,which not only address hospital signs in the right-of-way, but hospital signs in general. FISCAL IMPACT: Budgetary Approval Not Required OPTIONS/ALTERNATIVES: -- Zoning Ordinance Requirement RECOMMENDATION: Recommend approval. ATTACHMENTS: Click to download 0 AM-3-10 Cover Memeo b Draft Ordinance No.1373 D AM-3-10 PZ Memo D Proposed Language to P&Z P acH O� n = City of Apache Junction qR, o�P Development Services Department DATE: February 15, 2011 MEMO TO. Honorable Mayor and City Council Members THROUGH. George Hoffman, City Manager Brad Steinke, Development Services Director Fred Baker, Planning Manager FROM: Rudy Esquivias, Senior Planner/Zoning Admin. SUBJECT. Feb. 15, 2011, City Council Public Hearing Item. Proposed Resolution No. 11-03 and Ordinance No. 1373: To approve Case AM-3-10 - Proposed Text Amendments to Zoning Ordinance to Allow Hospital Signs to be Located in the City Right-of-Way. Summary At their meeting of August 17, 2010, the City Council directed Staff to process the necessary amendments to the Zoning Ordinance through the P&Z Commission, to allow hospitals, specifically those which offer 24-hour emergency medical care, to place permanent signs in the public right-of-way for improved visibility. P&Z Commission Meetings and Recommendation The Planning and Zoning Commission held work session discussions on AM-3-10 at their meetings of September 28, October 12, and October 26, 2010. At their public hearing on November 23, 2010, the Commission voted 6-0 to forward a recommendation of approval for the amendments as detailed in the attached ordinance. The resolution declares the text amendment language attached to the ordinance a public record. The Commission recommendation not only allows hospitals (those which offer 24-hour emergency medical care and have ambulance receiving facilities) to have monument signs in the right-of-way (subject to conditions) , but also allows them to have taller on-site monument or detached signs outright as an option. Hospitals in general, would also be allowed to have attached and detached signs as allowed for uses in commercial districts. City Council Work Session At their work session of January 3, 2011, the Council seemed agreeable to the recommendations made by the Commission, with no other suggested changes. Attached Draft Res #11-03 and Ord. #1373, Nov 23, 2010, P&Z Staff Report w/Attachments ORDINANCE NO 1373 AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AMENDING THE APACHE JUNCTION CITY CODE, VOLUME II, LAND DEVELOPMENT CODE, CHAPTER 1, ZONING ORDINANCE, ARTICLE 1-5 DEFINITIONS, AND ARTICLE 1-21 SIGNS, BILLBOARDS, NAMEPLATES, OTHER OUTDOOR ADVERTISING; AND ADOPTING BY REFERENCE THAT CERTAIN DOCUMENT Am* ENTITLED "CASE AM-3-10. AMENDMENTS TO THE APACHE JUNCTION CITY CODE, VOLUME II, LAND DEVELOPMENT CODE, CHAPTER 1, ZONING ORDINANCE, PERTAINING TO SIGNS FOR HOSPITALS", REPEALING ANY CONFLICTING ORDINANCES; AND PROVIDING FOR SEVERABILITY. WHEREAS, on August 17, 2010, the City Council gave direction to staff to process the necessary amendments to the Zoning Ordinance, through the Planning and Zoning Commission, to allow hospitals, specifically those which offer 24-hour emergency medical care, to place permanent signs in the public right-of-way for improved visibility; and WHEREAS, the Planning and Zoning Commission held work sessions to review and discuss the proposed amendments on September 28, 2010, October 12, 2010, and October 26, 2010, and WHEREAS, on November 23, 2010, the Planning and Zoning Commission voted 6 to 0 to recommended in favor of the proposed amendments to the City Council; and WHEREAS, Arizona Revised Statutes Annotated (hereinafter "A R.S.") , § 9-802 permits municipalities to enact provisions of a code without setting forth such provisions in full text as long as the adopting ordinance is published in full text and at least three copies of the code are filed in the office of the clerk of the municipality and are made available for i'► public use and 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 land development, 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 1, Zoning Ordinance, by reference. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA• ORDINANCE NO. 1373 PAGE 1 OF 3 SECTION I: IN GENERAL 1. That the existing Apache Junction City Code, Volume II, Land Development Code, Chapter 1, Zoning Ordinance, Article 1-5 Definitions, and Article 1-21 Signs, Billboards, Nameplates, Other Outdoor Advertising, is hereby amended. 2. That certain document known as "CASE AM-3-10: AMENDMENTS TO THE APACHE JUNCTION CITY CODE, VOLUME II, LAND DEVELOPMENT CODE, CHAPTER 1, ZONING ORDINANCE, PERTAINING TO SIGNS FOR HOSPITALS", three copies of which are on file in the office of the City Clerk of the City of Apache Junction, Arizona, which document was made a public record by Resolution No. 11-03 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 ORDINANCES 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. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS DAY OF , 2011. SIGNED AND ATTESTED TO THIS DAY OF , 2011 JOHN S INSALACO Mayor ORDINANCE NO. 1373 PAGE 2 OF 3 ATTEST. KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM: RICHARD JOEL STERN City Attorney ORDINANCE NO. 1373 PAGE 3 OF 3 Amok Ad 16. CASE AM-3-10• AMENDMENTS TO THE APACHE JUNCTION CITY CODE, VOLUME II, LAND DEVELOPMENT CODE, CHAPTER 1, ZONING ORDINANCE, PERTAINING TO SIGNS FOR HOSPITALS- The Apache Junction City Code, Volume II, Land Development Code, Chapter 1, Zoning Ordinance, shall be amended as follows : ARTICLE 1-5 : DEFINITIONS, Section 1-5-1 DEFINITIONS; RULES OF INTERPRETATION, Subsection (B) , definition of "Hospital" shall be amended as follows . - HOSPITAL shall mean an institution for the diagnosis, care and treatment of human illness, including surgery, primary treatment, and observation. Some hospitals may offer as part of their service, 24-hour emergency medical care, with ambulance receiving facilities ARTICLE 1-21 • SIGNS, BILLBOARDS, NAMEPLATES, OTHER OUTDOOR ADVERTISING, shall be amended with the addition of the following- Section 1-21-1-3 Definitions (in the Sign Code) , Subsection (B) , shall be amended with the addition of the following definitions - - HOSPITAL RIGHT-OF-WAY SIGNS shall mean those types of signs as allowed by Vol . II, Section 1-21-7-2 of this Code, exclusively for hospitals which offer 24-hour emergency medical care and have ambulance receiving facilities . - MONUMENT SIGN shall mean a freestanding sign mounted on a _ low-profile solid base or a fence, or a freestanding wall, as distinguished from support by visible poles, with a maximum height of twelve feet (12' ) as measured from the existing adjacent road grade to the top of the sign. (See height exception for hospitals which offer 24-hour emergency medical care, per Vol. II, Section 1-21-3-2 (B) (2) of this Code) . Section 1-21-3-2 Permitted signs in Multi-Family Residential District, shall be rewritten and amended to read as follows - - Section 1-21-3-2 Permitted Signs for Public and Quasi- Public Uses (i) - Public and quasi-public uses shall be permitted signs in accordance with the Multiple-Family Residential District section of this Code, with the exception of churches and hospitals, which are permitted signs subject to the following regulations . (A) Churches shall be allowed signs as follows : (1) Each church shall be allowed at least thirty-two (32) square feet of total sign area (TOTAL SIGN AREA includes all attached and detached signs) ; (2) One (1) square foot of sign area for each lineal foot of street frontage, up to a maximum of 120 square feet of total sign area; (3) Churches with multiple street frontages shall be allowed signs for each street frontage as listed in divisions (1) and (2) above, (4) Religious symbols shall not be counted as signs either in number or area, but are still subject to building code requirements, and (5) A maximum of two (2) detached signs are allowed per street frontage. (B) Hospitals shall be allowed signs as follows - (1) Hospitals in general are allowed to have attached, detached and monument signs as permitted for uses in commercial zoning districts; (2) Hospitals, specifically those which offer 24-hour emergency medical care and have ambulance receiving facilities, shall be allowed to place thirty-foot (30' ) tall (as measured from adjacent road grade) detached or monument signs on-site, or place standard monument signs in the right-of- way in accordance with Vol . II, Section 1-21-7-2 of this Code Said signs shall be allowed, one per street frontage and must contain the word "Emergency" . (ii) Section 1-21-4-3 Prohibitions shall be amended to read as follows : - In no case shall any sign. (C) Be erected in a public easement or right-of-way or project into a public easement or right-of-way, other than those provided for in Vol II, Sections 1-21-6- ^` 6 (E) and 1-21-7-2 of this Code. Sections 1-21-7 OFF-SITE SIGNS (BILLBOARDS) , 1-21-7-1 Prohibition within city limits, and 1-21-7-2 Allowed by conditional use permit, shall be amended to read as follows : - Section 1-21-7 OFF-SITE SIGNS (BILLBOARDS, HOSPITAL RIGHT- OF-WAY SIGNS AND TOURIST BUREAU SIGNS) - Section 1-21-7-1 Billboards In accordance with the policy of the City to preserve and enhance the character of the City, no off-site advertising structures shall be erected within the City limits, including along the freeway; except as provided for in Vol . II, Sections 1-21-6-5, 1-21-6-6 (E) , 1-21-7-2 and 1-21-7-3. - Section 1-21-7-2 Hospital Right-of-Way Signs Hospitals are allowed to have attached, detached and monument signs in accordance with uses allowed in commercial zoning districts . In addition, hospitals which offer as part of their service 24-hour emergency medical care and have ambulance receiving facilities, shall be allowed to place permanent monument signs (as described in Vol . II, Section 1-21-3-2 (B) (2) of this Code) within the City right-of-way or easement along their property frontage, if they so desire for improved visibility and/or emergency room access, in accordance with the following provisions . (A) The owner shall apply for and secure proper permits, such as building and encroachment permits, from the city' s Development Services and/or Public Works Departments prior to any construction taking place in the right-of-way; said permit submittal to include a property survey showing the location of the sign and sign construction and elevation drawings, which shall be subject to staff approval; (iii) 16. (B) All construction shall be done in compliance with the city' s Zoning, Building and Engineering codes and standards, M A G. standards as adopted by the City, and other applicable City, County, State or Federal Regulations; (C) In the event any sign structure or related improvements interfere with the city' s ability to maintain, reconstruct, improve, or relocate any street, road, drainage or utility appurtenances now or in the future, the owner shall at their expense, remove, relocate, raise or lower such items within 60 days after proper notification by the City, (D) The owner shall provide to the City at the time of permits issuance an endorsement naming the City, its Mayor and Council, appointees and employees as additional insured parties in the event of an accident involving the placement, design and/or maintenance of the sign in the right-of-way or easement, which shall be in effect while the sign remains in the right-of- way or easement; (E) The owner shall agree to defend, indemnify and hold harmless the City, its Mayor and Council, appointees employees, and agents against any and all claims, lawsuits, or other damages in whatever form resulting from or pertaining to any traffic/pedestrian accident or collision involving their sign (s) in the right-of- way, (F) The owner shall waive any and all potential diminution in value and just compensation claims or lawsuits that could be pursued against the City, its elected officials, appointees and employees pursuant to A R. S . § 12-1134; (G) If upon final inspection any item fails to meet City approval, the owner shall immediately proceed to correct such defect as directed by the City and shall thereafter guarantee all materials and workmanship for a period of 12 months (iv) - Section 1-21-7-3 Tourist Bureau Signs Off-site signs, other than those permitted by Vol . II, Sections 1-21-6-5, 1-21-6-6 (E) and 1-21-7-2 of this Code, may be allowed by Conditional Use Permit by the Planning and Zoning Commission. Such signs shall have the purpose of directing people to a central location or a limited number of locations where information about the products and services offered in the Apache Junction area may be obtained and displayed. Such information may be in the form of maps, brochures, menus or similar materials obtainable at a Chamber of Commerce or Tourist Bureau location. (v) g ACH eJ ,, City of Apache Junction -la oNQ' Development Services Department DATE: November 23, 2010 MEMO TO: Planning and Zoning Commission THROUGH: Brad Steinke, Director of Development Services Fred Baker, Planning Manager FROM: Rudy Esquivias, Senior Planner/Zoning Admin. SUBJECT: Nov. 23, 2010 - P&Z Public Hearing Item: Case AM- 3-10 Proposed Text Amendments to Zoning Ordinance to Allow Hospital Signs to be Located in the City Right-of-Way. Summary At their meeting on August 17, 2010, the City Council gave direction to Staff to process the necessary amendments to the Zoning Ordinance and other parts of the City Code (if necessary) to allow hospitals, specifically those offering 24-hour emergency medical care, to place permanent signs in the public right-of-way or in public easements for improved visibility. The Council members agreed that there is a need to consider code changes for improved sign visibility for not only the hospital on Southern Avenue, but for other future hospitals in the City — as well, as a matter of public health and safety. The city' s right-of-way is typically reserved for public improvements such as roadway, sidewalk, utilities, drainage, street-lighting, landscaping, traffic and pedestrian movement, signals and public signs. Private permanent signs are typically prohibited in road rights-of-way due to potential visibility obstruction, public safety, and liability issues related to vehicular and pedestrian traffic movement. To allow hospitals to have their permanent signage in the right-of-way will require changes to the city' s Sign Code Related Issues Drafting Sign Code provisions to allow hospitals to have signage in the right-of-way will require that consideration also be given to: narrowly defining what types of hospitals will be allowed this privilege; the use of temporary encroachment agreements with term limits; liability and indemnification considerations for the owner and the City, assignment of sign relocation responsibility and securing of appropriate surety for sign removal should the city need the right-of-way for future improvements, and utility companies use and access rights . P&Z Commission Work Session Discussions At their work session on October 12, 2010, after reviewing Staff' s proposed first draft language, Commissioners elaborated on some additional changes they wanted to see made to the proposed amendments to make them even more amenable to hospitals . Basically, the Commission members were in favor of allowing hospitals (which offer 24-hour emergency medical care) taller on-site detached or monument signs outright, as well as the option of monument signs in the right-of-way The Commission members also asked about the heights of some of the taller signs in the City to get an idea for comparison (see comparison study attached) . At their discussion on October 26, 2010, Staff presented 2nd draft changes to the draft language based on the Commissioners comments from October 12 The Commissioners had a couple of additional changes including: allowing hospitals to have 30-foot tall on-site signs outright, whether it be a pole sign or a monument sign; and requiring that the word "Emergency" be included on these taller signs and on monument signs being allowed to be located in the right-of-way. Proposed Text Changes Staff offers for the Commission' s discussion and consideration the following third draft of proposed changes to various parts of the Zoning Ordinance. We believe we have addressed all of the Commission' s comments and suggested changes as of their meeting on October 26 (changes/additions to the existing Sign Code are shown in otrikc-througho and italics; Commission- suggested changes are shown in highlights, with the newest changes shown in underlined highlights) : Section 5 . 0101 Definitions (definition of "Hospital") shall be amended as follows : - Hospital shall mean an institution for the diagnosis, care and treatment of human illness, including surgery, primary treatment, and observation; a hoapital may or may not offcr 24 hour cmcrgcncy mcdical care. Some hospitals may offer as part of their service, 24-hour emergency medical care, with ambulance receiving facilities. i.+ AN. Section 21 . 03 Definitions (in the Sign Code) shall be amended with the addition of the following definitions . - Hospital Right-of-Way Signs shall mean those types of signs as allowed by Section 21 34. 1, exclusively for hospitals which offer 24-hour emergency medical care and have ambulance receiving facilities. .on\ - Monument Sign shall mean a freestanding sign mounted on a low-profile solid base or a fence, or a freestanding wall, as distinguished from support by visible poles, with a maximum height of twelve feet (12') as measured from the existing adjacent road grade to the top of the sign. (See height exception for hospitals which offer 24-hour emergency medical care, per Section 21. 09. g.) Section 21 09 shall be rewritten and amended to read as follows . - Public and quasi-public uses shall be permitted signs in accordance with the Multiple-family Residential District section of this Code; with the exception of churches, which arc permitted signs subject to the following regulations : , with the following exceptions Churches shall be allowed signs as follows a. Each church shall be allowed at least thirty-two (32) square feet (32' ) of total sign area ( 'total sign area' includes all attached and detached signs) ; b One (1) square foot (1' ) of sign area for each lineal foot of street frontage, up to a maximum of 120 square feet of total sign area; c. Churches with multiple street frontages shall be allowed signs for each street frontage as listed in Sections 21 . 09 a and b above; d. Religious symbols shall not be counted as signs either in number or area, but are still subject to building code requirements, and e . A maximum of two (2) detached signs are allowed per street frontage. p Hospitals shall be allowed signs as follows: f. Hospitals in general are allowed to have attached, and detached and monument signs as permitted for uses in commercial zoning districts; g. Hospitals, specifically those which offer 24-hour emergency medical care and have ambulance receiving facilities, shall be allowed to place twcnty foot (20') thirty-foot (30') tall (as measured from adjacent road grade) detached or monument signs on-site; or place standard monument signs in the right-of-way in accordance with Section 21 34. 1 . Said signs shall be allowed, one per street frontage and must contain the word "Emergency". Section 21 22 . c shall be amended to read as follows: - In no case shall any sign: c. Be erected in a public easement or right-of-way or project into a public easement or right-of-way, other than those provided for in Sections 21 . 33 .e and 21 34. 1 of this Code Section 21 . 34 - 35 Off-Site Signs (Billboards) shall be amended to read as follows : - Section 21 . 34 - 35 Off-Site Signs (Billboards+, Hospital Right-of-Way Signs, and Tourist Bureau Signs) - Section 21 . 34 In accordance with the policy of the City to preserve and enhance the character of the City, no off-site advertising structures shall be erected within the City limits, including along the freeway; except as provided for in Sections 21 . 32 . 1, 21 33 .e, 21 . 34. 1, and 21. 35 - Section 21 34 1 Hospital Right-of-Way Signs Hospitals are allowed to have attached, and detached and monument signs in accordance with uses allowed in commercial zoning districts. In addition, hospitals which offer as part of their service 24-hour emergency medical care and have ambulance receiving facilities, shall be allowed to place permanent monument signs (as described in Section 21 . 09.g) within the City right-of-way or easement along their property frontage, if they so desire for ate. improved visibility and/or emergency room access, in accordance with the following provisions: a The owner shall apply for and secure proper permits, such as building and encroachment permits, from the city's Development Services and/or Public Works Departments prior to any construction taking place in the right-of- way; said permit submittal to include a property survey showing the location of the sign and sign construction and elevation drawings, which shall be subject to staff approval; b. All construction shall be done in compliance with the city's Zoning, Building and Engineering codes and standards, M.A. G. standards as adopted by the City, and other applicable City, County, State or Federal Regulations; c. In the event any sign structure or related improvements interfere with the city's ability to maintain, reconstruct, improve, or relocate any street, road, drainage or utility appurtenances now or in the future, the owner shall at their expense, remove, relocate, raise or lower such items within 60 days after proper notification by the City; d. The owner shall provide to the City at the time of permits issuance an endorsement naming the City, its Mayor and Council, appointees and employees as additional insured parties in the event of an accident involving the placement, design and/or maintenance of the sign in the right-of-way or easement, which shall be in effect while the sign remains in the right-of-way or easement; e The owner shall agree to defend, indemnify and hold harmless the City, its Mayor and Council, appointees employees, and agents against any and all claims, lawsuits, or other damages in whatever form resulting from or pertaining to any traffic/pedestrian accident or collision involving their sign (s) in the right-of-way; f. The owner shall waive any and all potential diminution in value and just compensation claims or lawsuits that could be pursued against the City, its elected officials, appointees and employees pursuant to A.R. S. § 12-1134; g. If upon final inspection any item fails to meet City approval, the owner shall immediately proceed to correct such defect as directed by the City and shall thereafter guarantee all materials and workmanship for a period of 12 months. - Section 21 . 35 Tourist Bureau Signs Off-site signs, other than those permitted by Sections �. 21 . 32 . 1 and, 21 33 .e and 21 34 1 of this Code, may be allowed by Conditional Use Permit by the Planning and Zoning Commission. Such signs shall have the purpose of directing people to a central location or a limited number of locations where information about the products and services offered in the Apache Junction area may be obtained and displayed Such information may be in the form of maps, brochures, menus or similar materials obtainable at a Chamber of Commerce or Tourist Bureau location. Recommended Motion I move that the Planning and Zoning Commission recommend to the Apache Junction City Council the (approval/denial) of case AM-3- 10, proposed text amendments pertaining to signs for hospitals, including allowing certain types of hospitals to locate monument signs in the right-of-way, amending the Apache Junction City Code, Volume II, Land Development Code, Chapter 1, Zoning Ordinance, Article 1-5 Definitions and Article 1-21 Signs, Billboards, Nameplates, Other Outdoor Advertising, in accordance with the following recommended language (new code references to be inserted appropriately) . Attachment: - Sign height comparison study PROPOSED CODE LANGUAGE - HOSPITAL SIGNS ("Cleaned-up" version) Section 5 0101 Definitions (definition of "Hospital") shall be amended as follows : .ter - Hospital shall mean an institution for the diagnosis, care and treatment of human illness, including surgery, primary treatment, and observation. Some hospitals may offer as part of their service, 24-hour emergency medical care, with ambulance receiving facilities Section 21 . 03 Definitions (in the Sign Code) shall be amended with the addition of the following definitions : - Hospital Right-of-Way Signs shall mean those types of signs as allowed by Section 21 . 34 . 1, exclusively for hospitals which offer 24-hour emergency medical care and have ambulance receiving facilities . - Monument Sign shall mean a freestanding sign mounted on a low-profile solid base or a fence, or a freestanding wall, as distinguished from support by visible poles, with a maximum height of twelve feet (12' ) as measured from the existing adjacent road grade to the top of the sign (See height exception for hospitals which offer 24-hour emergency medical care, per Section 21 09 g) . Section 21 . 09 shall be rewritten and amended to read as follows : - Public and quasi-public uses shall be permitted signs in 'n. accordance with the Multiple-family Residential District section of this Code, with the following exceptions . Churches shall be allowed signs as follows : a. Each church shall be allowed at least thirty-two (32) square feet of total sign area ( 'total sign area' includes all attached and detached signs) , b. One (1) square foot of sign area for each lineal foot of street frontage, up to a maximum of 120 square feet of total sign area; c. Churches with multiple street frontages shall be allowed signs for each street frontage as listed in Sections 21 . 09.a and b above, d Religious symbols shall not be counted as signs either in number or area, but are still subject to building code requirements; and e . A maximum of two (2) detached signs are allowed per street frontage Hospitals shall be allowed signs as follows : f. Hospitals in general are allowed to have attached, detached and monument signs as permitted for uses in commercial zoning districts; g. Hospitals, specifically those which offer 24-hour emergency medical care and have ambulance receiving facilities, shall be allowed to place thirty-foot (30' ) tall (as measured from adjacent road grade) detached or monument signs on-site; or place standard monument signs in the right-of-way in accordance with Section 21 34 . 1 . Said signs shall be allowed, one per street frontage and must contain the word "Emergency". Section 21 .22 . c shall be amended to read as follows: - In no case shall any sign. c. Be erected in a public easement or right-of-way or project into a public easement or right-of-way, other than those provided for in Sections 21 . 33.e and 21 34 1 of this Code . Section 21 34 - 35 Off-Site Signs (Billboards) shall be amended to read as follows : - Section 21 . 34 - . 35 Off-Site Signs (Billboards, Hospital Right-of-Way Signs, and Tourist Bureau Signs) - Section 21 . 34 In accordance with the policy of the City to preserve and enhance the character of the City, no off-site advertising structures shall be erected within the City limits, including along the freeway, except as provided for in Sections 21 . 32 . 1, 21 . 33.e, 21 . 34 . 1, and 21 . 35 . - Section 21 . 34 . 1 Hospital Right-of-Way Signs Hospitals are allowed to have attached, detached and monument signs in accordance with uses allowed in commercial zoning districts In addition, hospitals which offer as part of their service 24-hour emergency medical care and have ambulance receiving facilities, shall be allowed to place permanent monument signs (as described in Section 21 . 09.g) within the City right-of-way or easement along their property frontage, if they so desire for improved visibility and/or emergency room access, in accordance with the following provisions : a The owner shall apply for and secure proper permits, such as building and encroachment permits, from the city' s Development Services and/or Public Works Departments prior to any construction taking place in the right-of- way; said permit submittal to include a property survey showing the location of the sign and sign construction and elevation drawings, which shall be subject to staff approval; b All construction shall be done in compliance with the city' s Zoning, Building and Engineering codes and standards, M.A.G. standards as adopted by the City, and other applicable City, County, State or Federal Regulations; c. In the event any sign structure or related improvements interfere with the city' s ability to maintain, reconstruct, improve, or relocate any street, road, drainage or utility appurtenances now or in the future, the owner shall at their expense, remove, relocate, raise or lower such items within 60 days after proper notification by the City; d. The owner shall provide to the City at the time of permits issuance an endorsement naming the City, its Mayor and Council, appointees and employees as additional insured parties in the event of an accident involving the placement, design and/or maintenance of the sign in the right-of-way or easement, which shall be in effect while the sign remains in the right-of-way or easement, e The owner shall agree to defend, indemnify and hold harmless the City, its Mayor and Council, appointees employees, and agents against any and all claims, lawsuits, or other damages in whatever form resulting from or pertaining to any traffic/pedestrian accident or collision involving their sign (s) in the right-of-way; f. The owner shall waive any and all potential diminution in value and just compensation claims or lawsuits that could be pursued against the City, its elected officials, appointees and employees pursuant to A.R. S . § 12-1134, g. If upon final inspection any item fails to meet City approval, the owner shall immediately proceed to correct such defect as directed by the City and shall thereafter guarantee all materials and workmanship for a period of 12 months . - Section 21 . 35 Tourist Bureau Signs Off-site signs, other than those permitted by Sections 21 . 32 . 1, 21 . 33 .e and 21 34 . 1 of this Code, may be allowed by Conditional Use Permit by the Planning and Zoning Commission. Such signs shall have the purpose of directing people to a central location or a limited number of locations where information about the products and services offered in the Apache Junction area may be obtained and displayed Such information may be in the form of maps, brochures, menus or similar materials obtainable at a Chamber of Commerce or Tourist Bureau location. ROLL CALL VOTE NOTES: 97 1 , \ \\. 1_,., 1 /)/Y ITEM # MEETING OF C( t1 L,j4../ rkilq/ i MOTION BY: SECONDED BY: YES NO ABSTAINED COUNCILMEMBER BARKER I COUNCILMEMBER COLEMAN V COUNCILMEMBER WILSON V COUNCILMEMBER ECK I VICE MAYOR DIETZ kii COUNCILMEMBER SERDY MAYOR INSALACOVil UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL ROLL CALL VOTE NOTES �} \,\ I 1. , `c 4ir ITEM # A MEETING OF QMOTION BY: I\ U\IC(jSECONDED BY: ' C� YES NO ABSTAINED VICE MAYOR DIETZ i , COUNCILMEMBER WILSON I COUNCILMEMBER BARKER .✓ COUNCILMEMBER SERDY V COUNCILMEMBER ECK V COUNCILMEMBER COLEMAN J MAYOR INSALACO J UNANIMOU IN FAVOR OPPOSED ABSTAINED TOTAL ' ITEM NO. 8 I MOVE THAT ORDINANCE NO 1373 BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. (Call upon the city clerk to read Ordinance No. 1373 by title only. Majority vote required.) I MOVE THAT ORDINANCE NO 1373, AS READ BY THE CITY CLERK, (BE APPROVED AND ADOPTED) OR(BE DENIED) I MOVE THAT ORDINANCE NO. 1373, AS READ BY THE CITY CLERK, BE APPROVED AND ADOPTED WITH THE FOLLOWING AMENDMENTS. PUBLIC HEARING 1. For PROPOSED RESOLUTION NO. 11-04, DECLARING THE TEXT AMENDMENT LANGUAGE ATTACHED TO ORDINANCE NO. 1373, PERTAINING TO MEDICAL MARIJUANA USES IN THE CITY OF APACHE JUNCTION, AS A PUBLIC RECORD. 2. Will SENIOR PLANNER RUDY ESQUIVIAS speak to the Council? 3. Will the applicant or spokesperson please speak to the Council on this item? 4. Is there anyone from the public who wishes to speak on this item? (Are there any "Request to Speak" forms?) 5. If not,this hearing is closed. 6. Is there any discussion? 7. Call for a motion. 8. Call for a second. 9. Roll call vote. /t I,PAGH ✓O City glApache Junction U Z Home of the Superstition Mountains 4inzoo ei Print TO: City Manager's Office FROM: Rudy Esquivias, Senior Planner/Zoning Administrator DATE: February 15, 2011 Agenda Type : Regular Agenda Council Priority Focus Area: Additional Item Outside Scope of Identified Council Priorities TITLE OF AGENDA ITEM: PROPOSED RESOLUTION NO. 11-04, DECLARING THE TEXT AMENDMENT LANGUAGE ATTACHED TO ORDINANCE NO 1372, PERTAINING TO MEDICAL MARIJUANA USES IN THE CITY OF APACHE JUNCTION, AS A PUBLIC RECORD. ACTION REQUESTED: Recommendation for Approval DISCUSSION/BACKGROUND INFORMATION: Adopting the text amendment language by reference in the ordinance and declaring it a public record pursuant to this resolution is in accordance with state law, and will save the city publication costs FISCAL IMPACT: Budgetary Approval Not Required OPTIONS/ALTERNATIVES: Zoning Ordinance Requirement "`RECOMMENDATION: Recommended for approval. ATTACHMENTS: Click to download O AM-4-10 CC Cover Memo 2-15 O Draft Res.#11-04 P. H ✓ City of Apache Junction 4 NP Development Services Department DATE: February 15, 2011 MEMO TO. Honorable Mayor and City Council Members THROUGH: George Hoffman, City Manager Brad Steinke, Development Services Director Fred Baker, Planning Manager FROM: Rudy Esquivias, Senior Planner/Zoning Admin. SUBJECT: Feb. 15, 2011, City Council Public Hearing Item. Proposed Resolution No. 11-04 and Ordinance No. 1372: To Approve Case AM-4-10 - Proposed Text Amendments to Zoning Ordinance to Allow Medical Marijuana Uses. Summary At their meeting of December 7, 2010, the City Council directed Staff to process the necessary amendments to the Zoning Ordinance through the P&Z Commission, to accommodate and regulate medical marijuana uses in the city, pursuant to the voters' approval of Proposition 203, the Arizona Medical Marijuana Act. P&Z Commission Meetings and Recommendation The Planning and Zoning Commission held a work session discussion on AM-4-10 on January 11, 2011, and their public hearing was held on January 25, 2011. At their public hearing on January 25th, the Commission voted 4-0 to forward a recommendation of approval for the amendments as detailed in the attached ordinance. The resolution declares the text amendment language attached to the ordinance a public record. The Commission' s recommendation proposes that the city' s Zoning Ordinance be amended with new definitions pertaining to medical marijuana uses, and that allowance of medical marijuana dispensaries, off-site cultivation facilities and infusion facilities be considered through a Conditional Use Permit process. City Council Work Session At their work session on January 31, 2011, the City Council seemed generally pleased with the Commission' s recommendation. Staff advised Council that a couple of additional minor changes would be presented at their public hearing on February 15th to make the ordinance flow Page 1 of 3 An kk better, including clarifying at the beginning of the ordinance how many dispensaries, off-site cultivation facilities and infusion facilities the City may allow, and also to try update the proposed ordinance with the State' s operating procedures for dispensary applicants. The City Clerk also suggested a change to one of the provisions requiring that an applicant initiate the business/operating license process. The attached ordinance reflects the recommendation made by the Commission on January 25. If Council is desirous of approving Ordinance No. 1372 with the minor changes as discussed at the work session, then Staff recommends that the Council motion for approval include the following changes. Change the proposed definition of Medical Marijuana Infusion (or Manufacturing) Facility to read as follows. MEDICAL MARIJUANA INFUSION (OR MANUFACTURING) FACILITY. A facility that incorporates medical marijuana (cannabis) by the means of cooking, blending, or incorporation into consumable/edible goods. An infusion facility may be an existing commercial-zoned facility such as a bakery, restaurant or food products factory; or, it may be a "stand- alone" facility, subject to the provisions of Section 1-6-1 (F) , whose sole or primary purpose is to make consumable/edible medical marijuana products Change new Section 1-6-1 (F) to read as follows- (F) Medical Marijuana uses permitted by conditional use permit A conditional use permit subject to the provisions of this Article, Sections 1-6-1 (A) through (D) and this section (F) , shall be required for the establishment of a Nonprofit Medical Marijuana Dispensary with on-site cultivation facilities or with off-site cultivation facilities, for a Nonprofit Medical Marijuana Dispensary Off-site Cultivation Facility and for a stand-alone Nonprofit Medical Marijuana Infusion Facility. Upon adoption of this section, one Nonprofit Medical Marijuana Dispensary with or without an on-site cultivation AM\ facility, one off-site cultivation facility and one stand-alone infusion facility shall be allowed in the City of Apache Junction. Another dispensary, off-site cultivation facility and stand-alone infusion facility may be allowed when the City has at least 20 pharmacies within its municipal limits, and one for every ten pharmacies after that. (Refer to Section 1-5-1 of this Chapter for related definitions; and to Arizona Revised Statutes Annotated (ARS) , Title 36, Chapter 28 1 ARIZONA MEDICAL MARIJUANA ACT, for all definitions and statutes pertaining to medical marijuana. ) Change new Section 1-6-1 (F) (3) (b) to read as follows. A written assurance from the applicant and/or his or her agents that upon copy of the preliminary approval from DHS, of the such as a registration certificate, for the Nonprofit Medical Marijuana Dispensary, Nonprofit Medical Marijuana Dispensary Off-site Page 2 of 3 Cultivation Facility or stand-alone Nonprofit Medical Marijuana Infusion Facility, and a written assurance that all Nonprofit Medical Marijuana Dispensary Agents associated with the approved facility shall register with the local Police Department upon final approval to operate from DHS, as well as a copy of said final approval document; Change new Section 1-6-1 (F) (3) (c) to read as follows: Application or acknowlcdgcmcnt to obtain a City Buoincso or Operating Liccnsc and all applicable fees paid as required by Apache Junction City Code, Volume I, Chapter 8 BUSINESS, and the Apache Junction City Tax Code as amended; Delete proposed Section 1-6-1 (F) (4) (c) (1) , as this language has been incorporated at the beginning of the section (paragraph F) , and renumber the remaining sections accordingly. It is imperative for the City to have its ordinance adopted and in effect before April 1, 2011, when the State Department of Health Services is expected to have their operating rules for dispensaries and cardholders in place Otherwise, the city risks not being able to exercise land use controls over these proposed uses. If adjustments need to be made to our ordinance once the State establishes its final rules, those amendments may be made later on Attached - Proposed Resolution No 11-04 - Proposed Ordinance No. 1372 w/text as suggested by P&Z - AM-4-10 P&Z Report - Draft Language - DHS Schedule - State Statute - Public Input Om\ Page 3 of 3 Ask Am. RESOLUTION NO. 11-04 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 ENTITLED "CASE AM-4-10. AMENDMENTS TO THE APACHE JUNCTION CITY CODE, VOLUME II, LAND DEVELOPMENT CODE, CHAPTER 1, ZONING '— ORDINANCE, PERTAINING TO MEDICAL MARIJUANA USES", WHICH WAS ALSO ADOPTED BY REFERENCE AS AN EXHIBIT TO ORDINANCE NO. 1372 WHEREAS, Arizona Revised Statutes Annotated (hereinafter "A.R.S . ") , § 9-802, permits municipalities to enact the provisions of a code without setting forth such provisions in full text as long as the adopting ordinance is published in full text and at least three copies of the code are filed in the office of the clerk of the municipality and are made available for public use and inspection; and WHEREAS, pursuant to A R S . §§ 9-801 (1) and 9-802, such codes include land development codes; and WHEREAS, 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. NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council of the City of Apache Junction, Arizona, as follows . SECTION I • DECLARATION OF PUBLIC RECORD That certain document entitled "CASE AM-4-10. AMENDMENTS TO THE APACHE JUNCTION CITY CODE, VOLUME II, LAND DEVELOPMENT CODE, CHAPTER 1, ZONING ORDINANCE, PERTAINING TO MEDICAL MARIJUANA USES", three copies of which are on file in the office of the City Clerk of the City of Apache Junction, Arizona, is hereby declared to be a public record and is hereby available for public use and inspection, and said copies are ordered to remain on file with the City Clerk. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS DAY OF , 2011 . SIGNED AND ATTESTED TO THIS DAY OF , 2011 . RESOLUTION NO. 11-04 PAGE 1 OF 2 .ter JOHN S . INSALACO Mayor ,+k ATTEST. KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM: RICHARD JOEL STERN City Attorney RESOLUTION NO. 11-04 PAGE 2 OF 2 ROLL CALL VOTE NOTES: 71.i CA\ 7f ill ITEM # UlAr----- MEETING OF MOTION BY: SECONDED BY YES NO ABSTAINED COUNCILMEMBER WILSON COUNCILMEMBER SERDY V COUNCILMEMBER COLEMAN J VICE MAYOR DIETZ J i COUNCILMEMBER BARKER COUNCILMEMBER ECK J MAYOR INSALACO J UNANIMOU : IN FAVOR OPPOSED ABSTAINED TOTAL ITEM NO. 9 I MOVE THAT RESOLUTION NO. 11-04, 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 ENTITLED "CASE AM-4-10. AMENDMENTS TO THE APACHE JUNCTION CITY CODE, VOLUME II LAND DEVELOPMENT CODE, CHAPTER 1 ZONING ORDINANCE, PERTAINING TO MEDICAL MARIJUANA USES", WHICH WAS ALSO ADOPTED BY REFERENCE AS AN EXHIBIT TO ORDINANCE NO. 1372, (BE APPROVED) OR(BE DENIED) PUBLIC HEARING 1. For PROPOSED ORDINANCE NO. 1373, AMENDING THE "DEFINITIONS" AND "GENERAL PROVISIONS" SECTIONS OF THE CITY'S ZONING ORDINANACE TO DEFINE, PERMIT AND REGULATE MEDICAL MARIJUANA USES IN THE CITY. 2. Will SENIOR PLANNER RUDY ESQUIVIAS speak to the Council? 3. Will the applicant or spokesperson please speak to the Council on this item? 4. Is there anyone from the public who wishes to speak on this item? (Are there any "Request to Speak" forms?) 5. If not, this hearing is closed. 6. Is there any discussion? 7. Call for a motion. 8. Call for a second. 9. Roll call vote. • city of Apache Junction t_1 z Home of'the Super::ait/on Alountains a Print TO: City Manager's Office FROM: Rudy Esquivias, Senior Planner/Zoning Administrator DATE: February 15, 2011 Agenda Type : Regular Agenda Council Priority Focus Area: Additional Item Outside Scope of Identified Council Priorities TITLE OF AGENDA ITEM: PROPOSED ORDINANCE NO. 1372, AMENDING THE 'DEFINITIONS'AND 'GENERAL PROVISIONS' SECTIONS OF THE CITY'S ZONING ORDINANCE TO DEFINE, PERMIT AND REGULATE MEDICAL MARIJUANA USES IN THE CITY. ACTION REQUESTED: Recommendation for Approval DISCUSSION/BACKGROUND INFORMATION: At its meeting of December 7, 2010, city council directed staff to proceed in working with the Planning and Zoning Commission to draft zoning regulations for medical marijuana uses in the city, in accordance with the voters'approval of Proposition 203, the Arizona Medical Marijuana Act. At the Planning and Zoning Commission meeting on January 25, 2011, the commission voted 4-0 to recommend approval of the text attached to Ordinance No. 1372. FISCAL IMPACT: Budgetary Approval Not Required OPTIONS/ALTERNATIVES: Zoning Ordinance Requirement RECOMMENDATION: Recommended for approval. ATTACHMENTS: Click to download O CC Memo 0 Draft Ord.#1372 by PZ O AM-4-10 PZ Report D Draft Language 1 25-11 O DHS Schedule O Public Input O Public Input P A H City of Apache Junction 4q� oap Development Services Department DATE: February 15, 2011 /mk MEMO TO: Honorable Mayor and City Council Members THROUGH: George Hoffman, City Manager Brad Steinke, Development Services Director Fred Baker, Planning Manager FROM: Rudy Esquivias, Senior Planner/Zoning Admin. SUBJECT. Feb. 15, 2011, City Council Public Hearing Item: Proposed Resolution No 11-04 and Ordinance No 1372: To Approve Case AM-4-10 - Proposed Text Amendments to Zoning Ordinance to Allow Medical Marijuana Uses. Summary At their meeting of December 7, 2010, the City Council directed Staff to process the necessary amendments to the Zoning Ordinance through the P&Z Commission, to accommodate and regulate medical marijuana uses in the city, pursuant to the voters' approval of Proposition 203, the Arizona Medical Marijuana Act. PiZ Commission Meetings and Recommendation The Planning and Zoning Commission held a work session discussion on AM-4-10 on January 11, 2011, and their public hearing was held on January 25, 2011. At their public hearing on January 25th, the Commission voted 4-0 to forward a recommendation of approval for the amendments as detailed in the attached ordinance. The resolution declares the text amendment language attached to the ordinance a public record. The Commission's recommendation proposes that the city' s Zoning Ordinance be amended with new definitions pertaining to medical marijuana uses, and that allowance of medical marijuana dispensaries, off-site cultivation facilities and infusion facilities be considered through a Conditional Use Permit process. City Council Work Session At their work session on January 31, 2011, the City Council seemed generally pleased with the Commission' s recommendation. Staff advised Council that a couple of additional minor changes would be presented at their public hearing on February 15th to make the ordinance flow Page 1 of 3 Aft. Ask better, including clarifying at the beginning of the ordinance how many dispensaries, off-site cultivation facilities and infusion facilities the City may allow, and also to try update the proposed ordinance with the State' s operating procedures for dispensary applicants. The City Clerk also suggested a change to one of the provisions requiring that an applicant initiate the business/operating license process. On February 3, Staff received a written request from a local mental health provider to also consider allowing the CCD district for medical marijuana uses. If Council is agreeable to this change, the suggested language is provided below The attached ordinance reflects the recommendation made by the Commission on January 25. If Council is desirous of approving Ordinance No. 1372 with the changes discussed at the work session and as mentioned above, then Staff recommends that the Council' s motion for approval include the following changes- Change the proposed definition of Medical Marijuana Infusion (or Manufacturing) Facility to read as follows: MEDICAL MARIJUANA INFUSION (OR MANUFACTURING) FACILITY. A facility that incorporates medical marijuana (cannabis) by the means of cooking, blending, or incorporation into consumable/edible goods. An infusion facility may be an existing commercial-zoned facility such as a bakery, restaurant or food products factory; or, it may be a "stand- alone" facility, subject to the provisions of Section 1-6-1 (F) , whose sole or primary purpose is to make consumer products such as lotions, balms or consumable/edible medical marijuana products. Change new Section 1-6-1 (F) to read as follows: (F) Medical Marijuana uses permitted by conditional use permit. A conditional use permit subject to the provisions of this Article, Sections 1-6-1 (A) through (D) and this section (F) , shall be required for the establishment of a Nonprofit Medical Marijuana Dispensary with on-site cultivation facilities or with off-site cultivation Ank facilities, for a Nonprofit Medical Marijuana Dispensary Off-site Cultivation Facility and for a stand-alone Nonprofit Medical Marijuana Infusion Facility Upon adoption of this section, one Nonprofit Medical Marijuana Dispensary with or without an on-site cultivation facility, one off-site cultivation facility and one stand-alone infusion facility shall be allowed in the City of Apache Junction. Another dispensary, off-site cultivation facility and stand-alone infusion facility may be allowed when the City has at least 20 pharmacies within its municipal limits, and one for every ten pharmacies after that. (Refer to Section 1-5-1 of this Chapter for related definitions; and to Arizona Revised Statutes Annotated (ARS) , Title 36, Chapter 28.1 ARIZONA MEDICAL MARIJUANA ACT, for all definitions and statutes pertaining to medical marijuana. ) Page 2 of 3 Change new Section 1-6-1 (F) (1) to read as follows A Nonprofit Medical Marijuana Dispensary with or without on-site cultivation facilities shall be subject to a conditional use permit process and shall be limited to the city' s CB-2 (General Business) , C-3 (General Commercial) , C-4 (Heavy Commercial) , COD (City Center District) , CI-1 (Light Industry and Warehouse Zone) and CI-2 (Heavy Industrial) zoning districts . [The remainder of this provision remains the same. ] Change new Section 1-6-1 (F) (3) (b) to read as follows A written as,urance €nor the applicant and/or his or her agents that upon copy of the preliminary approval from DHS, of the such as a registration certificate, for the Nonprofit Medical Marijuana Dispensary, Nonprofit Medical Marijuana Dispensary Off-site Cultivation Facility or stand-alone Nonprofit Medical Marijuana Infusion Facility, and a written assurance that all Nonprofit Medical Marijuana Dispensary Agents associated with the approved facility shall register with the local Police Department upon final approval to operate from DHS, as well as a copy of said final approval document; Change new Section 1-6-1 (F) (3) (c) to read as follows- Application or acknowled-cmcnt to obtain a City Business or Operating License and all applicable fees paid as required by Apache Junction City Code, Volume I, Chapter 8 BUSINESS, and the Apache Junction City Tax Code as amended; Delete proposed Section 1-6-1 (F) (4) (c) (1) , as this language has been incorporated at the beginning of the section (paragraph F) , and renumber the remaining sections accordingly. It is imperative for the City to have its ordinance adopted and in effect before April 1, 2011, when the State Department of Health Services is expected to have their operating rules for dispensaries and cardholders in place Otherwise, the city risks not being able to exercise land use controls over these proposed uses . If adjustments need to be made to our ordinance once the State establishes its final rules, those amendments may be made later on Attached. - Proposed Resolution No 11-04 - Proposed Ordinance No. 1372 w/text as suggested by P&Z - AM-4-10 P&Z Report - Draft Language - DHS Schedule - State Statute - Public Input - Feb 3 request from Mountain Health and Wellness Page 3 of 3 Ink Ink ORDINANCE NO 1372 AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AMENDING THE APACHE JUNCTION CITY CODE, VOLUME II, LAND DEVELOPMENT CODE, CHAPTER 1, ZONING ORDINANCE, ARTICLE 1-5 DEFINITIONS, AND ARTICLE 1-6 GENERAL PROVISIONS AND EXCEPTIONS, AND ADOPTING BY REFERENCE THAT CERTAIN DOCUMENT ENTITLED "CASE AM-4-10: AMENDMENTS TO THE APACHE JUNCTION CITY CODE, VOLUME II, LAND DEVELOPMENT CODE, CHAPTER 1, ZONING ORDINANCE, PERTAINING TO MEDICAL MARIJUANA USES"; REPEALING ANY CONFLICTING ORDINANCES; AND PROVIDING FOR SEVERABILITY WHEREAS, on December 7, 2010, the City Council gave direction to staff to process the necessary amendments to the Zoning Ordinance, through the Planning and Zoning Commission, to accommodate medical marijuana uses in the City, pursuant to the approval of Proposition 203, the Arizona Medical Marijuana Act, by the voters of Arizona in the November 2010 general election; and WHEREAS, the Planning and Zoning Commission held a work session to review and discuss the proposed amendments on January 11, 2011; and WHEREAS, on January 25, 2011, the Planning and Zoning Commission voted 4 to 0 to recommended in favor of the proposed amendments to the City Council; and WHEREAS, Arizona Revised Statutes Annotated (hereinafter "A.R.S.") , § 9-802 permits municipalities to enact provisions of a code without setting forth such provisions in full text as long as the adopting ordinance is published in full text and at least three copies of the code are filed in the office of the clerk of the municipality and are made available for Ask public use and 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 land development; 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 1, Zoning Ordinance, by reference. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA: ORDINANCE NO 1372 PAGE 1 OF 3 SECTION I. IN GENERAL 1 That the existing Apache Junction City Code, Volume II, Land Development Code, Chapter 1, Zoning Ordinance, Article 1-5 Definitions, and Article 1-6 General Provisions and Exceptions, is hereby amended. 2 That certain document known as "CASE AM-4-10: AMENDMENTS TO THE Amik APACHE JUNCTION CITY CODE, VOLUME II, LAND DEVELOPMENT CODE, CHAPTER 1, ZONING ORDINANCE, PERTAINING TO MEDICAL MARIJUANA USES", three copies of which are on file in the office of the City Clerk of the City of Apache Junction, Arizona, which document was made a public record by Resolution No 11-04 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 ORDINANCES 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. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS DAY OF , 2011. •� SIGNED AND ATTESTED TO THIS DAY OF , 2011. JOHN S. INSALACO Mayor ORDINANCE NO. 1372 PAGE 2 OF 3 ATTEST: KATHLEEN CONNELLY City Clerk p APPROVED AS TO FORM. RICHARD JOEL STERN City Attorney ORDINANCE NO. 1372 PAGE 3 OF 3 CASE AM-4-10• AMENDMENTS TO THE APACHE JUNCTION CITY CODE, VOLUME II, LAND DEVELOPMENT CODE, CHAPTER 1, ZONING ORDINANCE, PERTAINING TO MEDICAL MARIJUANA USES: The Apache Junction City Code, Volume II, Land Development Code, Chapter 1, Zoning Ordinance, shall be amended as follows : ARTICLE 1-5 • DEFINITIONS, Section 1-5-1 DEFINITIONS; RULES OF INTERPRETATION, Subsection (B) , shall be amended with the addition of the following: MEDICAL MARIJUANA USES . The following definitions are derived from or are taken from, in whole or in part, or relate to the Arizona Medical Marijuana Act (Arizona Revised Statutes Annotated ("ARS") , Title 36, Chapter 28 . 1) The following definitions support and supplement said act and are applicable to the definition of MEDICAL MARIJUANA USES in the City of Apache Junction: (a) CARDHOLDER. A qualifying patient, a designated caregiver or a nonprofit medical marijuana dispensary agent who has been issued and possesses a valid registry identification card. (b) CULTIVATION The process by which a person grows a marijuana plant. (c) DESIGNATED CAREGIVER. A person who is at least twenty- one years of age, has agreed to assist with a patient' s medical use of marijuana, has not been convicted of an Aft. excluded felony offense, and assists no more than five qualifying patients with the medical use of marijuana (further described in ARS §36-2801 (5) and (7) ) . (d) DESIGNATED CAREGIVER CULTIVATION LOCATION. An enclosed, locked facility such as a closet, room, greenhouse or other building where a designated caregiver and cardholder, whose registration card indicates that the cardholder has been authorized to cultivate marijuana plants for a qualifying patient' s medical use, as defined by A.R.S . §36-2801 (b) (ii) , cultivates marijuana. The designated caregiver' s cultivation location must be accessory to the designated caregiver' s primary residence. Medical marijuana cultivation as an accessory use to the designated caregiver' s primary residence must Aftek Am. not be detectable from the exterior of the building in which the cultivation takes place (e) ENCLOSED LOCKED FACILITY. A closet, room, greenhouse, building or other enclosed area equipped with locks or other security devices that permit access only by a cardholder (f) MARIJUANA All parts of any plant of the genus cannabis whether growing or not, and the seeds of such plant (g) MEDICAL MARIJUANA All parts of the genus cannabis that may be administered to treat or alleviate a qualifying patient' s debilitating medical condition or symptoms associated with the patient 's debilitating medical condition. (h) MEDICAL MARIJUANA INFUSION (OR MANUFACTURING) FACILITY A facility that incorporates medical marijuana (cannabis) by the means of cooking, blending, or incorporation into consumable/edible goods . (i) MEDICAL USE . The acquisition, possession, cultivation, manufacture, use, administration, delivery, transfer or transportation of marijuana or paraphernalia relating to the administration of marijuana to treat or alleviate a registered qualifying patient' s debilitating medical condition or symptoms associated with the patient' s debilitating medical condition (j ) NONPROFIT MEDICAL MARIJUANA DISPENSARY. A nonprofit ,^ (not-for-profit) entity that acquires, possesses, cultivates, manufactures, transfers, transports, supplies, sells, gives, dispenses, or otherwise provides medical marijuana or related educational materials to cardholders . Said entity may receive payment for all expenses incurred in its operation. (k) NONPROFIT MEDICAL MARIJUANA DISPENSARY AGENT. A principal officer, board member, employee, or volunteer of a Nonprofit Medical Marijuana Dispensary who is at least twenty-one years of age and has not been convicted of an excluded felony offense (as described in ARS §36- 2801 (7) ) . (1) NONPROFIT MEDICAL MARIJUANA DISPENSARY OFF-SITE CULTIVATION FACILITY. The additional location where marijuana is cultivated by a Nonprofit Medical Marijuana Dispensary as referenced in A.R.S . § 36- 2804 (B) (1) (b) (ii) . (m) QUALIFYING PATIENT A person who has been diagnosed by a physician as having a debilitating medical condition as defined in A.R.S . § 36-2801 (3) (n) QUALIFYING PATIENT CULTIVATION LOCATION An enclosed, locked facility such as a closet, room, greenhouse or other building where a qualifying patient, who is also a cardholder authorized to cultivate marijuana plants, as defined by A R S §36-2801 (1) (a) (ii) , cultivates marijuana. The qualifying patient' s cultivation location must be accessory to the qualifying patient' s primary residence. Medical marijuana cultivation as an accessory use to the qualifying patient' s primary residence must not be detectable from the exterior of the building in which the cultivation takes place, and shall only be permitted if the residence is located at least 25 miles distance from a State certified Nonprofit Medical Marijuana Dispensary. (o) REGISTRY IDENTIFICATION CARD. A document issued by the Arizona Department of Health Services that identifies a person as a registered Qualifying Patient, registered Designated Caregiver or a registered Nonprofit Medical Marijuana Dispensary Agent (p) USABLE MARIJUANA. The dried flowers of the marijuana plant, and any mixture or preparation thereof, but does not include the seeds, stalks and roots of the plant and Aft. does not include the weight of any non-marijuana ingredients combined with marijuana and prepared for consumption as food or drink ARTICLE 1-6 • GENERAL PROVISIONS AND EXCEPTIONS, Section 1-6-1 CONDITIONAL USE PERMITS, shall be amended with the addition of the following new subsection. (F) Medical Marijuana uses permitted by conditional use permit. A conditional use permit subject to the provisions of this Article, Sections 1-6-1 (A) through (D) and this section (F) , shall be required for the establishment of a Nonprofit Medical Marijuana Dispensary with on-site cultivation facilities or with Affik Aft, off-site cultivation facilities, for a Nonprofit Medical Marijuana Dispensary Off-site Cultivation Facility and for a stand-alone Nonprofit Medical Marijuana Infusion Facility. (Refer to Section 1-5-1 of this Chapter for related definitions; and to Arizona Revised Statutes Annotated (ARS) , Title 36, Chapter 28 . 1 ARIZONA MEDICAL MARIJUANA ACT, for all definitions and statutes pertaining to medical marijuana. ) (1) A Nonprofit Medical Marijuana Dispensary with or without on-site cultivation facilities shall be subject to a conditional use permit process and shall be limited to the city' s CB-2 (General Business) , C-3 (General Commercial) , C-4 (Heavy Commercial) , CI-1 (Light Industry and Warehouse Zone) and CI-2 (Heavy Industrial) zoning districts . A Nonprofit Medical Marijuana Dispensary Off- site Cultivation Facility (i e , a cultivation facility not co-located with a dispensary) and/or a stand-alone Nonprofit Medical Marijuana Infusion Facility which serves one or more Nonprofit Medical Marijuana Dispensaries shall be subject to a conditional use permit process and shall be limited to the city' s CI-1 and CI-2 zoning districts, except that a conditional use permit application may include a request for a dispensary and its associated off-site cultivation facility and its associated stand-alone infusion facility under the same permit. Nonprofit Medical Marijuana Dispensaries, off- site cultivation facilities and/or infusion facilities shall not be allowed in any Planned Community District. (2) Any Nonprofit Medical Marijuana Dispensary, with or .••. without an on-site cultivation facility, Nonprofit Medical Marijuana Dispensary Off-site Cultivation Facility and Nonprofit Medical Marijuana Infusion Facility shall be located in an enclosed locked facility, such as a permanent secure building, and not in a cargo container, RV, trailer, or motor vehicle If a green house is used as a cultivation facility, reasonable measures shall be taken to obscure the visibility of the marijuana plants from outside the building; and that the greenhouse complies with dark sky and light trespass regulations . (3) An application for a Conditional Use Permit for a Nonprofit Medical Marijuana Dispensary, Nonprofit Medical Marijuana Dispensary Off-site Cultivation Facility or stand-alone Nonprofit Medical Marijuana Infusion Facility shall include, at a minimum, the following supplemental information: (a) Signature and consent on the application form by the property owner of record that he/she is aware the property will be used for medical marijuana dispensing, cultivating or infusion; (b) A written assurance from the applicant and/or his or her agents that upon approval from DHS of the registration certificate for the Nonprofit Medical Marijuana Dispensary, Nonprofit Medical Marijuana Dispensary Off-site Cultivation Facility or stand- alone Nonprofit Medical Marijuana Infusion Facility, all Nonprofit Medical Marijuana Dispensary Agents associated with the approved facility shall register with the local Police Department, (c) Application or acknowledgement to obtain a City Business or Operating License; (d) A detailed site plan and floor plan for the facility, and narrative explaining the operation of the facility and hours of operation. (4) The conditions of approval which may be considered by the Planning and Zoning Commission in evaluating these requests, include. (a) Required spacing requirements 1 . A minimum of 1, 320 feet between dispensaries, off-site cultivation facilities or stand-alone infusion facilities, as measured from nearest building wall to nearest building wall, i► 2 . A minimum of 750 feet between a dispensary, off-site cultivation facility or stand-alone infusion facility and any public or private school, day care center, church, or drug and/or alcohol rehabilitation center, as measured from nearest building wall of the business to the nearest building wall of the protected use; 3 A minimum of 750 feet from other sensitive land uses as determined by the Zoning Administrator on a case by case basis, as measured from the nearest building wall of the business to the nearest building wall of the protected use. 4 The Planning and Zoning Commission shall have the authority to reduce the spacing requirements by fifty percent (500) between dispensaries, cultivation facilities and stand- alone infusion facilities, or between dispensaries, cultivation and stand-alone infusion facilities and the protected uses mentioned above, if circumstances warrant it, but in no case shall any dispensary, cultivation facility or infusion facility be A'` closer than 500 feet to a public or private school . (b) Operating requirements • 1 Prohibition on drive-through pickup windows and delivery service; 2 . Prohibition on outdoor seating areas at dispensaries, cultivation facilities or stand- alone infusion facilities, 3 Security Plan including lighting, monitored alarm and/or camera surveillance systems, secure storage, and other necessary building safety measures; 4 . Prohibition on on-site consumption of medical marijuana at a dispensary, cultivation facility or infusion facility; 5. Prohibition on dispensaries selling marijuana or tobacco-smoking related products such as pipes, water pipes, rolling paper, screens, vaporizers, mills, concealing devices, etc. , other than cookbooks and educational materials . 6 Limit on size of facility in terms of square footage, building height or other factors to On►, keep said facility in character with existing or planned surrounding development 7 . Review of all signage which will be visible from the exterior of the facility (c) Other conditions which the Planning and Zoning Commission may deem necessary to conserve and promote the public health, safety, convenience and general welfare, including. 1 . One Nonprofit Medical Marijuana Dispensary and its associated off-site cultivation facility and/or stand-alone infusion facility shall presently be allowed in the City. Another dispensary, off-site cultivation facility or stand-alone infusion facility may be allowed p when the City has at least 20 pharmacies, and one for every ten pharmacies after that, 2 Compliance with all City-adopted zoning, landscaping, engineering, building, design guidelines, overlay district and/or planned development district requirements; 3 . The Commission shall reserve the right to overturn a conditional use permit for non- compliance with any condition prescribed as part of the permit approval or if the use is demonstrated to be a nuisance or hazard to the neighborhood or community. (5) In the event that a qualifying patient in the City limits lives 25 miles or farther from a dispensary, said individual or his or her designated caregiver may cultivate no more than twelve (12) marijuana plants at the place of primary residence (including a manufactured home or a recreational vehicle) of the qualifying patient, with owner' s permission if needed, without need to apply for a conditional use permit However, said individual or his or her designated caregiver shall apply the same types of precautions as above for security, use, documentation and must advise the Chief of Police of his or her intent to cultivate marijuana at home At such time as a dispensary is located within 25 miles from the qualifying patient' s home, all cultivation of marijuana plants in the home must cease or be considered a zoning violation, among other possible local, state and federal law violations . (6) In the event that a designated caregiver whose residence p is in the City limits is cultivating marijuana for the qualifying patient or patients in his or her care, and whose qualifying patient or patients in his or her care live 25 miles or farther from a dispensary, said designated caregiver may cultivate no more than twelve (12) marijuana plants per patient at the place of primary residency of the designated caregiver (including a manufactured home or a recreational vehicle) , with owner' s permission if needed, without need to apply for a conditional use permit . However, said designated caregiver shall apply the same types of precautions as above for security, sue, documentation and must advise the Chief of Police of his or her intent to cultivate marijuana at home for the benefit of his or her qualifying patient or patients . At such time as a Alb% Aft, dispensary is located within 25 miles from the designated caregiver' s home, all cultivation of marijuana plants in the home must cease or be considered a zoning violation, among other possible local, state and federal law violations Pp PCHf✓ ti 11, City of Apache Junction 4RIZO�P Development Services Department DATE: JANUARY 25, 2011 MEMO TO: PLANNING AND ZONING COMMISSION MEMBERS THROUGH: BRAD STEINKE, DEVELOPMENT SERVICES DIRECTOR FRED BAKER, PLANNING DIVISION MANAGER FROM: RUDY ESQUIVIAS, SENIOR PLANNER/ZONING ADMIN. SUBJECT. JANUARY 25, 2011, PUBLIC HEARING ITEM. CASE AM-4-10, PROPOSED ZONING ORDINANCE TEXT AMENDMENT TO REGULATE MEDICAL MARIJUANA USES BACKGROUND: Proposition 203 is a ballot initiative approved during the general election on November 2, 2010. The initiative enacts a group of statutes titled the "Arizona Medical Marijuana Act," to include a new Chapter 28 1 in Title 36 and amendment of Arizona Revised Statutes (ARS) §43-1201. The new law decriminalizes possession, sale and cultivation of marijuana for certain purposes under state law and provides for the establishment of non-profit medical marijuana dispensaries and off-site cultivation locations. The law allows, on a statewide basis, one dispensary and off-site cultivation location for every 10 pharmacies, thus approximately 120 dispensaries could be established in Arizona, with at least one for every county in which an application has been approved. The law requires dispensaries to be at least 500 feet from a public or private school, but has no other requirements Local communities can establish zoning requirements for the location of dispensaries and off-site cultivation locations Many Arizona communities are in the process of adopting ordinance changes to accommodate these new uses. The law specifically permits cities, towns and counties to enact zoning regulations for such medical marijuana dispensaries, and the City has the authority to enact such zoning regulations pursuant to ARS Title 9, Article 6.1. The Arizona Medical Marijuana Act, allows a "qualifying patient" who has a "debilitating medical condition" to obtain an "allowable amount of marijuana" from a "non-profit medical marijuana dispensary" and to possess and use the marijuana to treat or alleviate the debilitating medical condition or symptoms associated with the condition 1 The Arizona Department of Health Services (DHS) would be required to adopt and enforce a regulatory system for the distribution of marijuana for medical use, including a system for approving, renewing and revoking the registration of qualifying patients, designated caregivers, non-profit dispensaries and dispensary agents. The costs of the regulatory system would be paid from application and renewal fees collected, civil penalties imposed and private donations received pursuant to the proposition. A "qualifying patient" is defined as a person who has been diagnosed by a physician (a doctor of medicine, osteopathy, naturopathic medicine or homeopathy) as having one of the following debilitating medical conditions* 1 Cancer 2. Glaucoma. 3 Positive status for human immunodeficiency virus 4 Acquired immune deficiency syndrome 5. Hepatitis C. 6 Amyotrophic lateral sclerosis 7. Crohn's disease 8. Agitation of Alzheimer's disease. 9 A chronic or debilitating disease or medical condition or its treatment that produces any of the following a Cachexia or wasting syndrome. b Severe and chronic pain c. Severe nausea. d Seizures (including those characteristic of epilepsy). e. Severe and persistent muscle spasms (including those characteristic of multiple sclerosis). 10 Any other medical condition or its treatment added by DHS through a public petition process. In order to register with OHS, a qualifying patient must submit a signed written certification issued by the physician that states the physician's professional opinion that the patient is likely to receive therapeutic or symptom-relieving benefits from the medical use of marijuana to treat or alleviate a debilitating medical condition The certification must specify the debilitating medical condition and must be made in the course of a physician-patient relationship after the physician has completed a full assessment of the patient's medical history. If the qualifying patient is under 18 years of age, the patient's custodial parent or legal guardian must submit written certifications from two physicians and the custodial parent or legal guardian must consent in writing to control the patient's medical use of the marijuana A qualifying patient who is registered with DHS (or a registered designated caregiver on behalf of the qualifying patient) may obtain up to 2 5 ounces of marijuana in a 14-day period from a registered non-profit medical marijuana dispensary. If the qualifying patient's home is located more than 25 miles from the nearest non-profit medical marijuana dispensary, the patient or designated caregiver may cultivate up to 12 marijuana plants in an enclosed, locked facility 2 A registered non-profit medical marijuana dispensary must be operated on a not-for- profit basis, but may receive payment for all expenses incurred in its operation DHS may not issue more than one non-profit medical marijuana dispensary registration certificate for every ten pharmacy permits issued by the Arizona State Board of Pharmacy under current law. The dispensary may cultivate marijuana only in an enclosed, locked facility and may acquire marijuana from a registered qualifying patient or designated caregiver if the patient or caregiver is not compensated for the marijuana The proposition specifies various security, record-keeping and verification requirements relating to the operation of dispensaries Proposition 203 generally provides that any person who acts in conformity with the requirements of the proposition is not subject to any governmentally imposed sanction relating to the medical use of marijuana This proposition would prohibit certain discriminatory practices, including the following. 1 A school or landlord may not refuse to enroll or lease to a person registered pursuant to this proposition unless failing to do so would cause the school or landlord to lose a monetary or licensing benefit under federal law 2 An employer may not discriminate against a person registered pursuant to this proposition in hiring, terminating or imposing employment conditions unless failing to do so would cause the employer to lose a monetary or licensing benefit under federal law Further, an employer may not penalize a qualifying patient registered pursuant to this proposition for a positive drug test for marijuana, unless the patient used, possessed or was impaired by marijuana on the employment premises or during hours of employment Proposition 203 would not. 1. Authorize a person to undertake any task under the influence of marijuana that constitutes negligence or professional malpractice 2 Authorize possessing or using medical marijuana on a school bus, on the grounds of a preschool, primary school or high school or in a correctional facility. 3 Authorize smoking marijuana on public transportation or in a public place 4 Authorize operating, navigating or being in actual physical control of a motor vehicle, aircraft or motorboat while under the influence of marijuana. A registered qualifying patient would not be considered to be under the influence of marijuana solely because of the presence of marijuana in the person's system that appears in a concentration insufficient to cause impairment 5. Require a government medical assistance program or private health insurer to reimburse a person for costs associated with the medical use of marijuana 6. Require an owner of private property to allow the use of marijuana on that property 7 Require an employer to allow the ingestion of marijuana in the workplace. 3 8 Prevent a nursing care or other residential or inpatient healthcare facility from adopting reasonable restrictions on the provision, storage and use of marijuana by residents or patients CITY COUNCIL DISCUSSION AND DIRECTION: This item was scheduled for work session discussion and direction to staff at the City Council meetings of December 6th and 7th, respectively At their regular meeting on December 7, the City Council directed staff to initiate a Zoning Code Text Amendment that included for consideration, the following items 1 Limits the location of medical marijuana dispensaries and off-site cultivation locations to commercial and industrial zones; creates definitions for dispensaries and off-site cultivation locations, allows dispensaries with on-site cultivation to be located in commercial or industrial zones; allows off-site cultivation facilities (not co-located with a dispensary) to be only in industrial zones, prohibits medical marijuana dispensaries and/or off-site cultivation locations in any Planned Community District 2 Requires a dispensary or off-site cultivation facility to be located in a permanent building, not in a cargo container, manufactured building of any kind, RV, trailer, or motor vehicle 3. Requires a Conditional Use Permit approved by the Planning and Zoning Commission for a medical marijuana dispensary or medical marijuana off-site cultivation location. 4 Requires a Conditional Use Permit application for a dispensary or medical marijuana cultivation to include, at a minimum, the following supplemental information • Certification that the property owner is aware the property will be used for marijuana dispensing or cultivating and providing documentation that the applicant can meet DHS standards for approval, • Requires a list of the operating organization's officers and board of directors and a certification that the operators comply with requirements in the law prohibiting criminal history, • Application or acknowledgement to obtain a City Business or Operating License, • Limit on floor area and hours of operation; • Prohibition on drive-through pickup windows and delivery service, and • Prohibition on outdoor seating areas at dispensaries and cultivation locations. 4 Required spacing requirements' • At least 2,000 feet from other dispensaries and off-site cultivation locations, • At least 1,000 feet from schools, day care centers and churches; • At least 1,000 feet from drug and alcohol rehabilitation facilities, • A least 1,000 feet from other sensitive land uses as determined by the Zoning Administrator on a case by case basis, and • Allows the Planning and Zoning Commission to add permit conditions necessary to conserve and promote the public health, safety, convenience and general welfare 5 Additional Requirements to consider • Security Plan including lighting, alarms, secure storage, and other necessary building safety measures, • Prohibit on-site consumption, • Limit to one dispensary per ten pharmacies in the City, • No off-site cultivation without associated dispensary, and • No more than one off-site cultivation location per dispensary 6 In the event that a qualifying patient in the City limits is 25 miles or farther from a dispensary, said individual may apply for a CUP to cultivate no more than twelve (12) marijuana plants at their place of residency (with owner's permission) subject to the same types of appropriate applicable conditions and precautions as above for security, use and documentation. PLANNING AND ZONING COMMISSION WORK SESSION: Unlike other City-initiated amendments to our codes, this amendment case carries with it a certain sense of urgency insofar as getting it adopted in a timely manner Under the law, DHS is required to have their operating rules in place within 120 days of the passage of the law (see DHS schedule attached). That means that OHS should have its rules in place around the beginning of April. After that, they will begin processing applications from dispensaries, agents, qualifying patients and caregivers Apache Junction must have its land use regulations adopted and in effect before April 1 St as well, or else we risk not being able to regulate dispensaries in the City other than the minimum 500 foot rule from a school. At their work session on January 11, the P&Z Commissioners reviewed the 1st draft language for the proposed text amendments The Commissioners had many questions and suggested several changes to the proposed language The changes discussed with Staff include 5 • prohibiting a Designated Caregiver from cultivating marijuana plants at their home in the City of Apache Junction, for a person in his or her care who lives 25 miles from a dispensary, if a dispensary is located within 25 miles of the Caregiver's home, • use the appropriate term "non-profit" or "not-for-profit" consistently through-out the text, • limit dispensaries and on-site or off-site cultivation facilities to industrial zoned properties only, or at least keep them off of Apache Trail, • require greenhouses where marijuana is being cultivated to have opaque walls and/or that lighting for greenhouses complies with dark sky and light trespass regulations, • allow manufactured buildings (such as steel buildings) to be used for marijuana cultivation, • allow for a manufactured home or RV to be used for home marijuana cultivation by a Designated Caregiver or a Qualifying Patient who lives more than 25 miles from a dispensary, • get property owner's signature/consent on a CUP application form and require that all board of directors members and dispensary agents register with our Police Department, • require a minimum separation distance of mile (1320 feet) between dispensaries and off-site cultivation facilities, and allow the Commission 50% reduction discretion in the spacing requirement if needed, • require that security systems at dispensaries and off-site cultivation facilities be Police and/or professionally monitored, • allow dispensaries to also sell infused products, • prohibit the marijuana leaf symbol from being used on any exterior signage, • specify that 1 dispensary and its associated on-site or off-site cultivation facility shall be allowed in the city presently, and that another dispensary may be allowed when the City has at least 20 pharmacies, and 1 for every 10 pharmacies after that; • require that a Qualifying Patient or Caregiver proposing to cultivate marijuana at home comply with any building code requirements for electric, plumbing and other improvements. The attached draft language, proposing to amend the `Definitions' and `General Provisions and Exceptions' sections of the zoning Ordinance to accommodate medical marijuana uses is presented tonight for the Commission's review and recommendation As usual, the proposed changes to the first draft are shown in stake-throughs and highlights Staff will go through each item with the Commission PLANNING DIVISION RECOMMENDATION: The Planning Division recommends approval of the proposed text amendments It is very important for the City to have its ordinance adopted and in effect prior to the DHS 6 having its operating procedures in place. The City can always amend the first version of the ordinance later if needed RECOMMENDED MOTION: I move that the Planning and Zoning Commission recommend to the Apache Junction City Council the (APPROVAL/DENIAL) of case AM-4-10, proposed Zoning Ordinance text amendments to regulate medical marijuana uses, amending the Apache Junction City Code, Volume II, Land Development Code, Chapter 1, Zoning Ordinance, Article 1- 5 Definitions and Article 1-6 General Provisions and Exceptions, in accordance with the following recommended language' Attachments: - Proposed Text Amendment Language, - DHS Schedule; - Public Input; - AZ Medical Marijuana Act; 7 PROPOSED CODE LANGUAGE - MEDICAL MARIJUANA USES - 1/25/11 DRAFT (Commission-proposed changes shown in strikc throughc and highlights. ) The Apache Junction City Code, Volume II Land Development Code, Chapter 1 Zoning Ordinance, shall be amended as follows . ARTICLE 1-5 : DEFINITIONS, Section 1-5-1 DEFINITIONS; RULES OF INTERPRETATION, Subsection (B) , shall be amended with the addition of the following: MEDICAL MARIJUANA USES The following definitions are derived from or are taken from, in whole or in part, or relate to the Arizona Medical Marijuana Act (Arizona Revised Statutes Annotated ("ARS") , Title 36, Chapter 28 . 1) . The following definitions support and supplement said act and are applicable to the definition of MEDICAL MARIJUANA USES in the City of Apache Junction. (a) CARDHOLDER. A qualifying patient, a designated caregiver or a nonprofit medical marijuana dispensary agent who has been issued and possesses a valid registry identification card. (b) CULTIVATION. The process by which a person grows a marijuana plant . (c) DESIGNATED CAREGIVER. A person who is at least twenty- one years of age, has agreed to assist with a patient' s medical use of marijuana, has not been convicted of an excluded felony offense, and assists no more than five qualifying patients with the medical use of marijuana (further described in ARS §36-2801 (5) and (7) ) . (d) DESIGNATED CAREGIVER CULTIVATION LOCATION. An enclosed, locked facility such as a closet, room, greenhouse or other building where a designated caregiver and cardholder, whose registration card indicates that the cardholder has been authorized to cultivate marijuana plants for a qualifying patient' s medical use, as defined by A.R. S. §36-2801 (b) (ii) , cultivates marijuana. The designated caregiver' s cultivation location must be accessory to the designated caregiver' s primary residence . Medical marijuana cultivation as an accessory use to the designated caregiver' s primary residence must not be detectable from the exterior of the building in which the cultivation takes place (e) ENCLOSED LOCKED FACILITY. A closet, room, greenhouse, building or other enclosed area equipped with locks or other security devices that permit access only by a cardholder. (f) MARIJUANA All parts of any plant of the genus cannabis whether growing or not, and the seeds of such plant (g) MEDICAL MARIJUANA. All parts of the genus cannabis that may be administered to treat or alleviate a qualifying patient' s debilitating medical condition or symptoms associated with the patient 's debilitating medical condition. (h) MEDICAL MARIJUANA INFUSION (OR MANUFACTURING) FACILITY. A facility that incorporates medical marijuana (cannabis) by the means of cooking, blending, or incorporation into consumable/edible goods . (i) MEDICAL USE. The acquisition, possession, cultivation, manufacture, use, administration, delivery, transfer or transportation of marijuana or paraphernalia relating to the administration of marijuana to treat or alleviate a registered qualifying patient' s debilitating medical condition or symptoms associated with the patient' s debilitating medical condition (j ) NONPROFIT MEDICAL MARIJUANA DISPENSARY A nonprofit (not-for-profit) entity that acquires, possesses, cultivates, manufactures, transfers, transports, supplies, sells, gives, dispenses, or otherwise provides medical marijuana or related educational materials to cardholders . Said entity may receive payment for all expenses incurred in its operation. (k) NONPROFIT MEDICAL MARIJUANA DISPENSARY AGENT A principal officer, board member, employee, or volunteer of a Nonprofit Medical Marijuana Dispensary who is at least twenty-one years of age and has not been convicted of an excluded felony offense (as described in ARS §36- 2801 (7) ) . (1) NONPROFIT MEDICAL MARIJUANA DISPENSARY OFF-SITE CULTIVATION FACILITY. The additional location where marijuana is cultivated by a Nonprofit Medical Marijuana Dispensary as referenced in A.R.S . § 36- 2804 (B) (1) (b) (ii) . (m) QUALIFYING PATIENT. A person who has been diagnosed by a physician as having a debilitating medical condition as defined in A.R.S § 36-2801 (3) . (n) QUALIFYING PATIENT CULTIVATION LOCATION. An enclosed, locked facility such as a closet, room, greenhouse or other building where a qualifying patient, who is also a cardholder authorized to cultivate marijuana plants, as defined by A.R. S. §36-2801 (1) (a) (ii) , cultivates marijuana. The qualifying patient' s cultivation location must be accessory to the qualifying patient' s primary residence . Medical marijuana cultivation as an accessory use to the qualifying patient' s primary residence must not be detectable from the exterior of the building in which the cultivation takes place, and shall only be permitted if the residence is located at least 25 miles distance from a State certified Nonprofit Medical Marijuana Dispensary (o) REGISTRY IDENTIFICATION CARD. A document issued by the Arizona Department of Health Services that identifies a person as a registered Qualifying Patient, registered Designated Caregiver or a registered Nonprofit Medical Marijuana Dispensary Agent . (p) USABLE MARIJUANA. The dried flowers of the marijuana plant, and any mixture or preparation thereof, but does not include the seeds, stalks and roots of the plant and does not include the weight of any non-marijuana ingredients combined with marijuana and prepared for consumption as food or drink. ARTICLE 1-6 : GENERAL PROVISIONS AND EXCEPTIONS, Section 1-6-1 CONDITIONAL USE PERMITS, shall be amended with the addition of the following new subsection- (F) Medical Marijuana uses permitted by conditional use permit. A conditional use permit subject to the provisions of this Article, Sections 1-6-1 (A) through (D) and this subsection, shall be required for the establishment of a Nonprofit Medical Marijuana Dispensary with on-site cultivation facilities or with off-site cultivation facilities, and for a Nonprofit Medical Marijuana Dispensary Off-site Cultivation Facility. (Refer to Section 1-5-1 of this Chapter for related definitions; and to Arizona Revised Statutes Annotated (ARS) , Title 36, Chapter 28 . 1 ARIZONA MEDICAL MARIJUANA ACT, for all definitions and statutes pertaining to medical marijuana. ) (1) A Nonprofit Medical Marijuana Dispensary with or without on-site cultivation facilities shall be subject to a conditional use permit process and shall be limited to the city' s CB-2 (General Business) , C-3 (General Commercial) , C-4 (Heavy Commercial) , CI-1 (Light Industry and Warehouse Zone) and CI-2 (Heavy Industrial) zoning districts . (LIMIT TO JUST INDUSTRIAL DISTRICTS?] A Nonprofit Medical Marijuana Dispensary Off-site Cultivation Facility (i .e. , a cultivation facility not co-located with a dispensary) which serves one or more Nonprofit Medical Marijuana Dispensaries shall be subject to a conditional use permit process and shall be limited to the city' s CI-1 and CI-2 zoning districts, except that a conditional use permit application may include a request for both a dispensary and its associated off-site cultivation facility under the same permit . Nonprofit Medical Marijuana Dispensaries and/or off-site cultivation facilities shall not be allowed in any Planned Community District, nor along W. Apache Trail between Meridian Drive and Idaho Road. (2) A Nonprofit Medical Marijuana Dispensary, with or without an on-site cultivation facility, or a Nonprofit Medical Marijuana Dispensary Off-site Cultivation Facility shall be located in an enclosed locked facility, such as a permanent secure building, and not in a cargo container, manufacturcd building of any kind, RV, trailer, or motor p vehicle . If a green house is used as a cultivation facility, reasonable measures shall be taken to obscure the visibility of the marijuana plants from outside the building; and that the greenhouse complies with dark sky and light trespass regulations . (3) An application for a Conditional Use Permit for a Nonprofit Medical Marijuana Dispensary and/or a Nonprofit Medical Marijuana Dispensary Off-site Cultivation Facility shall include, at a minimum, the following supplemental information: (a) Ccrtification that Signature and consent on the application form by the property owner of record that he/she is aware the property will be used for medical marijuana dispensing or cultivating, and documentation that thc applicant and his or her agents have or will meet DHS standards for approval, (b) A list of thc operating organization's officers and board of directors and a ccrtification that thc operators comply with requirements in the law prohibiting criminal history written assurance from the applicant and/or his or her agents that upon approval from DHS of the registration certificate for the Nonprofit Medical Marijuana Dispensary and/or Nonprofit Medical Marijuana Dispensary Off- site Cultivation Facility, all Nonprofit Medical Marijuana Dispensary Agents associated with the approved facility shall register with the local Police Department; (c) Application or acknowledgement to obtain a City Business or Operating License; (d) A detailed site plan and floor plan for the facility, and narrative explaining the operation of the facility and hours of operation (4) The conditions of approval which may be considered by the Planning and Zoning Commission in evaluating these requests, include. (a) Required spacing requirements : 1 . A minimum of (1, 000/1, 500/2, 000') 1, 320 feet from other between dispensaries and off-site cultivation locations facilities, as measured from nearest building wall to nearest building wall; 2 . A minimum of (500/750/1, 000?) feet from between a dispensary or off-site cultivation facility and any public or private school, day care center, e- church, or drug and/or alcohol rehabilitation center, as measured from nearest building wall of the business to the nearest property line building wall of the protected use; A minimum of (500/750/1, 000') feet from any drug and alcohol rehabilitation center, as m as-tired from the nearest building wall of the business to the nearest property line of the protected use; 4 . A minimum of (500/750/1, 000?) feet from other sensitive land uses as determined by the Zoning Administrator on a case by case basis, as measured from the nearest building wall of the business to the nearest property line building wall of the protected use 5 . The Planning and Zoning Commission shall have the authority to reduce the spacing requirements by fifty percent (500) between dispensaries and cultivation facilities, or ON between dispensaries/cultivation facilities and the protected uses mentioned above, if circumstances warrant it, but in no case shall any dispensary or cultivation facility be closer than 500 feet to a public or private school . (b) Operating requirements : 1 Prohibition on drive-through pickup windows and delivery service; 2 Prohibition on outdoor seating areas at dispensaries and cultivation locations; 3 . Security Plan including lighting, monitored alarm or camera surveillance systems alarms, secure storage, and other necessary building safety measures, 4 . Prohibition on on-site consumption of medical marijuana at a dispensary or cultivation facility; 5 . Prohibition on dispensaries or off-site cultivation facilities also being infusion facilities (i. e. , limit to sale or cultivation of usable marijuana only) ; (KEEP OR DELETE?] 6 Prohibition on dispensaries selling marijuana or tobacco-smoking related products such as pipes, water pipes, rolling paper, screens, vaporizers, mills, concealing devices, etc , other than cookbooks and educational materials . 7 Limit on size of facility in terms of square footage, building height or other factors to keep said facility in character with existing or planned surrounding development. 8 . Prohibition on using the marijuana leaf symbol on any signs visible from the exterior of the building. (c) Other conditions which the Planning and Zoning Commission may deem necessary to conserve and ,... promote the public health, safety, convenience and general welfare, including: 1 Limit to eOne Nonprofit Medical Marijuana Dispensary and its associated off-site cultivation facility shall presently be allowed in the City. per ten pharmacies in the City Another dispensary and off-site cultivation facility may be allowed when the City has at least 20 pharmacies, and one for every ten pharmacies after that; 2 . No off-site cultivation allowed without associated dispensary, (DELETE OR KEEP?] 3 . No more than one off-site cultivation location per dispensary; (DELETE OR KEEP?) 4 Compliance with all City-adopted zoning, landscaping, engineering, building, design guidelines, overlay district and/or planned development district requirements; 5 . The Commission shall reserve the right to overturn a conditional use permit for non- compliance with any condition prescribed as part of the permit approval or if the use is demonstrated to be a nuisance or hazard to the neighborhood or community. (5) In the event that a qualifying patient in the City limits lives 25 miles or farther from a dispensary, said individual or his or her designated caregiver may cultivate no more than twelve (12) marijuana plants at their place of primary residence (including a Amok manufactured home or a recreational vehicle) , *with owner' s permission}, without need to apply for a conditional use permit. However, said individual or their designated caregiver shall apply the same types of precautions as above for security, use, documentation and must advise the Chief of Police of his or her intent to cultivate marijuana at home . At such time as a dispensary is located within 25 miles from the qualifying patient' s or Designated Caregiver' s home, all cultivation of marijuana plants in the home must cease or be considered a zoning violation, among other possible local, state and federal law violations . AZ Department of Health Services: Proposition 203 Page 1 of 1 -t---'e ,,,,..,....:. .. ,.. �.. . :,..,,.„ ...y.i :.... ,— .4,4, 4 7. .a** . ,. x- ,-, 7 w,. _ t a-- ..,ifAh,„ f,..Avv44. „ , . I Drptrtmcataf ,Ar1zAnci e 3+.�t#t7teT1f of �� /� * - t,----.. ,,. .-'1,:,...--:..., rill r . (/•�] fteattitSemcea tr�,t rvIce ,!" V� .Y, f ; 11.,,v,046tfxeh4lta ., 1 1t.*��a Division of Public Health Services Medical Marijuana Program - Important Dates ALERT: Informal Draft Rules0 for implementation of the Arizona Medical Marijuana Act are now available. All comments are welcome and can be submitted using the electronic comment form. Under the provisions of the Arizona Medical Marijuana Act,ADHS has until April 13,2011,to adopt,through an exempt rulemaking process,a regulatory system for the distribution of marijuana for medical use.This system must include a method for approving,renewing,and revoking the registration of qualifying patients,designated caregivers,nonprofit dispensaries,and dispensary agents.The Department anticipates following the following timeline in developing the rules governing the regulatory system: Stay Current with Prop 203 News and Important Dates i're ao;l. Check out the RSS feed from the Director's Blog for the Get the most recent news ,a t latest news. delivered right to your inbox! t... • December 17,2010:ADHS posts an initial informal draft of the Rules • December 17,2010—January 7,2011:ADHS receives informal(electronic)public comment on the initial informal draft rules • January 31,2011:ADHS posts official draft Rules for public comment • January 31;2011—February 18,2011:ADHS receive public comment on a revised draft of the Rules • February 14—17,2011:ADHS holds 4 public meetings about the draft Rules: • Flagstaff:Monday,February 14,2011 at 10:00 am,211 W.Aspen Ave • Phoenix:Tuesday,February 15,2011 at 1:00 pm,250 N. 17th Ave o Tucson:Wednesday,February, 16,2011 at 1:00 pm,400 W.Congress,Room 222 o Phoenix:Thursday,February 17,2011 at 1:00 pm,250 N. 17th Ave • March 28,2011:ADHS publishes the final Rules that will be used to implement the Act • April 2011.ADHS begins to accept applications for registry identification cards and for dispensary certificates Note:Files indicated as PDF require Adobe Acrohat ReaderTM to view. Any documents contained on this Web site that are translations from original text written in English are unofficial and not binding on this state or a political subdivision of this state.Los documentos que son traducciones al Espanol y que se encuentran en esta pagina Web no tienen validez oficial ni legal en este Estado o en alguna entidad politica del mismo. 0 2011 Arizona Department of Health Services I Contact Us I Privacy Polio.-I HIPA:`1 Share 1his i Stav connected with :ADMIS I Customer Satisfaction Sur cv This page last updated December 16,2010 . • .. i� ti , ten,I 1 t 1 . 1/70(lt 1 PROPOSED EXEMPT RULEMAKING TIMELINE MEDICAL MARIJUANA DATE RULEMAKING EVENT November 2,2010 Prop 203 is passed;Department begins rulemaking Week of November 22, Outcomes of the voting are official 2010 November 26,2010 Notice of Public Information submitted for the exempt rulemaking December 17,2010 First working draft posted on the Office of Administrative Rules (OACR)website for informal public comment December 17,2010 to Comments received on first working draft of rules January 7,2011 January 10-28, 2011 Comments reviewed, required changes made,new draft discussed internally January 31,201 I New draft and summary of changes posted on the OACR website for informal public comment February 14-19, 2011 Public meetings held on the draft exempt rules,as noted in Notice of Public Information Phoenix, February 15 and 17,2011,at 1 pm,250 N 17t Ave Tucson,February 16,2011,at 1pm,400 W.Congress, Room 222 February 21 to March 18, Final changes made to rules and Notice of Exempt Rulemaking 2011 prepared Week of March 21,2011 Notice of Exempt Rulemaking submitted to the Office of the • Secretary of State and posted on the OACR website April,2011 Effective date of Medical Marijuana rules April I5,2011 Notice of Exempt Rulemaking published in the Arizona Administrative Register Please note that this is a proposed timeline,which may be changed as the rulemaking progresses. If any changes are made, they will be posted on this website. (1 \\o ct l new ct e5 O(1 J15�21151C72.,,- PROPOSAL DBAN ° 20» RED January 5, 2011 Blue Moon Ranch, located west of Safford between Bonita and Klondyke is lobbying to become a Cultivation Site for growing Medical Marijuana. Blue Moon Ranch is remotely located and is zoned agricultural. Graham County is on board to allow the creation of this Medical marijuana Cultivation Site. I am contacting several cities in Graham, Gila, Cochise, and Maricopa Counties and requesting that our Site be the designated Cultivation Site to supply Dispensaries in their respective cities. If we are successful, all growing of marijuana for these Dispensaries would be at our site, thus removing growing marijuana from municipal areas. All patients and caregivers would be within the 25 mile radius rule and would be required to buy from licensed Dispensaries Blue Moon Ranch would be compliant and ready to produce 90 days after acceptance. The City of Safford is presenting this proposal to Planning and Zoning the week of January 10. Most Arizona cities have adopted their own rules in addition to the Proposition 203 Implementation Draft Rules. The Arizona Department of Health Services website is accepting suggestions to modify the Draft of Proposition 203. We are encouraging that cities interested in this Proposal either suggest changing the Proposition 203 Final Draft to reflect our request or adopt City Regulation to accommodate this Proposal. o•.. The Department of Health Services suggestion and comment site closes Friday January 7. Larry D Cook Consultant Blue Moon Ranch, LLC 515-230-1215 ountain Health &Wellness Those Concerned, Board of Directors Sharon Stinard Chairperson Community Outreach Coordinator As President and CEO for SMMHC, Inc dba Mountain Health&Wellness I am Central Arizona College Wiley Warren requesting your consideration of an amendment to the proposed ordinance 1372. Vice Chairperson Please consider inclusion of the CCD zone as an additional zone for service delivery, Building Manager Kearny Community Health monitoring and control. Complex Peggy Mejia Secretary/Treasurer Director of Special Education Apache Junction ,Sincere) Unified School District y Arnold Freeman Division Commander Patrol&SWAT Apache Junction Police Dept. Y T.Martinez Retired Police Officer Hayden.AZ William Pearlman Attorney Robert Evans, CEO Mesa.AZ Mountain Health&Wellness Mountain Health&Wellness P 0 Box 3160 Apache Junction,Arizona 85117-3160 Administration(480)983-0065*Fax(480)288--5339 ROLL CALL VOTE NOTES: 0, Atai \ ,, ‘ p) 4 4 h I ITEM # \\,) c MEETING OF \, r 1n MOTION BY: 1VSECONDED BY: cL--i'l��� YE NO ABSTAINED COUNCILMEMBER ECK V COUNCILMEMBER BARKER I VICE MAYOR DIETZ J COUNCILMEMBER COLEMAN j COUNCILMEMBER SERDY 1/ COUNCILMEMBER WILSON MAYOR INSALACO UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL ROLL CALL VOTE 014 NOTES: � 1 , 6,0y �' 0- \\"/ ITEM # ` MEETING OF ,a,\, \,)vo- MOTION BY SECONDED BY: bri YES NO ABSTAINED COUNCILMEMBER COLEMAN I COUNCILMEMBER ECK V COUNCILMEMBER SERDY , COUNCILMEMBER BARKER COUNCILMEMBER WILSON V VICE MAYOR DIETZ MAYOR INSALACO kif UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL ITEM NO. 10 I MOVE THAT ORDINANCE NO. 1372 BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. (Call upon the city clerk to read Ordinance No. 1372 by title only. Majority vote required) I MOVE THAT ORDINANCE NO. 1372, AS READ BY THE CITY CLERK, (BE APPROVED AND ADOPTED) OR(BE DENIED). I MOVE THAT ORDINANCE NO 1372, AS READ BY THE CITY CLERK, BE APPROVED AND ADOPTED WITH THE FOLLOWING AMENDMENTS: ROLL CALL VOTE NOTES: ( / ,\/ OAT 9' , ITEM # MEETING OF MOTION BY SECONDED BY: YES NO ABSTAINED COUNCILMEMBER SERDY VICE MAYOR DIETZ COUNCILMEMBER ECK COUNCILMEMBER WILSON COUNCILMEMBER COLEMAN COUNCILMEMBER BARKER MAYOR INSALACO UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL ITEM NO. 11-12 I MOVE THAT AN EXECUTIVE SESSION AT 5.45 P M AND A WORK SESSION AT 7'00 P.M. BE HELD ON MONDAY, FEBRUARY 28, 2011, IN THE CITY COUNCIL CONFERENCE ROOM AND THE CITY COUNCIL CHAMBERS, RESPECTIVELY; AND THAT AN EXECUTIVE SESSION AT 5.45 P M BE HELD ON TUESDAY, MARCH 1, 2011, IN THE CITY COUNCIL CONFERENCE ROOM ADJOURNMENT: I MOVE THAT THE MEETING BE ADJOURNED AT P.M. ROLL CALL ws9-'1)1 i ( REG 1.I VII SPEC: CITY COUNCIL P I A P II A P / A MAYOR INSALACO / j/ VICE MAYOR DIETZ V V /COUNCILMEMBER BARKER / COUNCILMEMBER COLEMAN / COUNCILMEMBER ECK V. / COUNCILMEMBER SERDY V i/ COUNCILMEMBER WILSONtit .. / V TOTAL 1 CITY STAFF: (/ i ) chII City Manager George Hoffman V / Assistant City Manager Bryant Powell V/ City Clerk Kathleen Connelly i/ City Attorney Joel Stern I / Public Safety Director Jerald 1 Monahan ./ City Engineer Giao Pham Parks & Recreation Director Jeff Bell Finance Director Donna Meinerts Development Svcs. Director Brad Steinke Human Resources Director Liz Riley Planning Manager Fred Baker Economic Development Director Steve Filipowicz Assistant to the City Manager 1J) .6)11 Matt Busby OTHERSClArt?‘ . / ". V (.), 1 , 11J Date: a //S-/i/ City of Apache Junction Item No. Request to Speak Form or Call to The Public (One Form Per Item) Please fill out completely and return to the City Clerk prior to the conclusion of the City Manager's Report portion of the agenda. Do you wish to speak before Council on this item? Yes/ NOD Only If Necessary ❑ /I am in favor of the proposed Item. ❑ I am opposed to the proposed Item. OCtr011 P21/ kt.z14 Name (Print) ) Jon tC , r'Ct l teAci,e_ unC i 0 r9 76 ZS / 0 Address y ZipCode 970 S93 9(1 7 _ Telephone This information will be used by staff for follow-up, if necessary. Speakers are requested to directly address their agenda item and address their comments to the Mayor and City Council. Please limit Call to the Public comments to no more than three minutes and five minutes for Public Hearing items. 8/18/09 Date:;i� a City of Apache Junction Item No. , l /PI :� it Request to Speak Form or Call to The Public of (One Form Per Item) Please fill out completely and return to the City Clerk prior to the conclusion of the City Manager's Report portion of the agenda. Do you wish to speak before Council on this item? Yeses No Only If Necessary ❑ ❑ I am in favor of the proposed Item. ❑ I am opposed to the proposed Item. 'o/I Name (Print) Address City Zip Code e30 - 990-- -7/ - Telephone This information will be used by staff for follow-up, if necessary. Speakers are requested to directly address their agenda item and address their comments to the Mayor and City Council. Please limit Call to the Public comments to no more than three minutes and five minutes for Public Hearing items. 8/18/09 Date: (341 5- 1 / City of Apache Junction Item No. Request to Speak Form or Call to The Public '4 (One Form Per Item) Please fill out completely and return to the City Clerk prior to the conclusion of the City Manager's Report portion of the agenda. Do you wish to speak before Council on this item? Yes❑ Nor Only If Necessary ❑ # ❑ I am in favor of the Item. ❑ I am proposed opposed to the proposed Item. 91,1eA2--„ Name (Print) r ( 0A) A 6=13 cri Address City Zip Code Telephone 4 This information will be used by staff for follow-up, if necessary. Speakers are requested to directly address their agenda item and address their comments to the Mayor and City Council. Please limit Call to the Public comments to no more than three minutes and five minutes for Public Hearing items. 8/18/09