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Home My WebLink About2011 08.02 City Council Regular Agenda PLEASE FILL OUT A"REQUEST TO SPEAK"FORM IF YOU WISH TO ADDRESS THE COUNCIL AT CALL TO THE PUBLIC OR ON ANY NON-PUBLIC HEARING ITEM. • City of ache jundzon Home al the .1 tipei:ri1!ion Mountains Aar APACHE JUNCTION CITY COUNCIL CITY COUNCIL CHAMBERS 300 EAST SUPERSTITION BOULEVARD APACHE JUNCTION,ARIZONA 85219 REGULAR MEETING AGENDA August 2, 2011 700PM 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 Special Meeting of July 18, 2011. 3 Approval of Minutes of Regular Meeting of July 19,2011. 4. Consideration of Proposed Indian Community State Shared Revenue Program. Local Nonprofit Participation Policies. On May 3,2011,the City Council directed staff to prepare a draft of policies governing the City's"sponsorship" of local nonprofits for participation in the Indian Community State Shared Revenue Program The proposed policies were reviewed by the Council on June 6, 2011 and again on June 20,2011.The next step in the process is the approval of the proposed guidelines 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 5 PROCLAMATION DESIGNATING AUGUST 2011 AS"DROWNING IMPACT AWARENESS MONTH" LaDon Dieu of Water Watchers at Phoenix Children's Hospital has requested this proclamation be read at a city council meeting Tina Gerola from Apache Junction Fire District will be present to accept the proclamation 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 6 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 This time limitation shall not apply to applicants and their agents appearing before the Council 7 PROPOSED RESOLUTION NO. 11-21, DECLARING A PUBLIC RECORD THAT CERTAIN DOCUMENT FILED WITH THE CITY CLERK ENTITLED "CASE AM-1-11. AMENDMENTS TO THE APACHE JUNCTION CITY CODE, VOLUME II, LAND DEVELOPMENT CODE, CHAPTER 1, ZONING ORDINANCE, PERTAINING TO THE DOWNTOWN OVERLAY DISTRICT",WHICH WAS ALSO ADOPTED BY REFERENCE AS AN EXHIBIT TO ORDINANCE NO 1375. State law allows municipalities to enact provisions of a code or public record by reference The lengthy provisions of Ordinance No 1375 and Case AM-1-11 (i e , Downtown Overlay District) must first be declared a public record by resolution and then must be passed by adopting ordinance 8 PROPOSED ORDINANCE NO 1375, AMENDING THE APACHE JUNCTION CITY CODE, VOLUME II, LAND DEVELOPMENT CODE, CHAPTER 1, ZONING ORDINANCE, BY ADDING A NEW ARTICLE, ARTICLE 1-26 DOWNTOWN OVERLAY DISTRICT; AND ADOPTING BY REFERENCE THAT CERTAIN DOCUMENT ENTITLED "CASE AM-1-11• AMENDMENTS TO THE APACHE JUNCTION CITY CODE, VOLUME II, LAND DEVELOPMENT CODE, CHAPTER 1, ZONING ORDINANCE, PERTAINING TO THE DOWNTOWN OVERLAY DISTRICT", REPEALING ANY CONFLICTING ORDINANCES; AND PROVIDING FOR SEVERABILITY. 116, This proposed ordinance would create an overlay zoning district that would provide downtown properties greater flexibility with certain zoning standards,encourage private development investment in downtown, implement downtown building and site design guidelines and allow a mix of residential and commercial uses. 9. PROPOSED RESOLUTION 11-22, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA, ADOPTING THE "APACHE JUNCTION DOWNTOWN OVERLAY DISTRICT DESIGN GUIDELINES". Approval of Resolution 11-22 will establish design guidelines for future development and redevelopment within the downtown area The Planning and Zoning Commission recommended approval of these design guidelines at their April 26, 2011 meeting 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 AM lb, AllOrk J 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 MEETING DATES, TIMES, LOCATIONS, AND PURPOSES: 10. EXECUTIVE SESSION AT 5:45 P.M.AND WORK SESSION AT 7:00 P.M. FOR MONDAY, AUGUST 15, 2011. 11. EXECUTIVE SESSION AT 5.45 P M FOR TUESDAY, AUGUST 16, 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 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 SPECIAL MEETING JULY 18, 2011 The special meeting of the City Council of the City of Apache Junction, Arizona, was held on July 18, 2011, at the Apache Junction City Council Chambers pursuant to the notice r required by law. CALL TO ORDER Mayor Insalaco called the meeting to order at 7 : 00 p.m. ROLL CALL Councilmembers Present : Mayor Insalaco Vice Mayor Dietz Councilmember Barker Councilmember Coleman Councilmember Serdy Councilmember Smithson Councilmember Wilson Staff Present : City Manager George Hoffman Assistant City Manager Bryant Powell City Clerk Kathleen Connelly City Attorney Joel Stern Interim Public Works Director Giao Pham Parks and Recreation Director Jeff Bell Finance Director Donna Meinerts An. Development Services Director Brad Steinke Economic Development Director Steve Filipowicz Assistant to the City Manager Matt Busby Others Present: Assistant to the City Manager Ruth Giese Court Administrator Shelly Fulcher Library Manager Spencer Paden SPECIAL MEETING OF THE CITY COUNCIL JULY 18, 2011 PAGE 1 OF 6 Senior Project Engineer Emile Schmid DISCUSSION ON TENTATIVE BUDGET FOR FISCAL YEAR 2011-2012 City Manager George Hoffman briefed the council on the item. Mayor Insalaco called for any discussion. ..► Vice Mayor Dietz thanked George Hoffman, Donna Meinerts, Bryant Powell, and staff for the job that was done this year. It was a very difficult budget to come up with. He knows a lot of sacrifices were made. He is proud of each and every one of them. He thanked them for all the hard work they have done. It was an awesome job. Councilmembers Smithson and Wilson agreed. Councilmember Wilson commented he appreciated the extra time they took explaining certain things on the budget one on one with him. Mayor Insalaco commented the one on one helps out a lot . City Manager George Hoffman stated they now have the opportunity to adopt the tentative budget. PUBLIC HEARING ON TENTATIVE BUDGET FOR FISCAL YEAR 2011-2012 Mayor Insalaco opened the public hearing on the item. Mr. Elliott Fisher, 547 E. Quail, Apache Junction, addressed the council . He stated they should consider legal costs for the city in the budget . Sometimes it is better to settle before you go to court, whether it is criminal or civil . He suggested the city really consider that . He believes the case against him is inappropriate and SPECIAL MEETING OF THE CITY COUNCIL JULY 18, 2011 PAGE 2 OF 6 under questionable circumstances . He again urged them to consider the legal costs . He commented that if the 12-17 people that got laid off knew what the city was spending on frivolous actions, they might be upset. Mayor Insalaco closed the public hearing with no one else wishing to speak. He reopened the item to council discussion. Vice Mayor Dietz responded to Elliott Fisher, commenting he was right in that there are a lot of frivolous costs . To date it is well over $100, 000 of frivolous costs that we have spent on issues pertaining to him, and he has lost every one of them. Mayor Insalaco closed the discussion and moved on to the next item. CONSIDERATION OF PROPOSED RESOLUTION NO. 11-37, ADOPTION OF TENTATIVE BUDGET FOR FISCAL YEAR 2011-2012 AND GIVING NOTICE OF FINAL BUDGET ADOPTION AND DECLARING AN EMERGENCY ) Mayor Insalaco called for a motion. Councilmember Barker MOVED THAT RESOLUTION NO. 11-37, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, FOR THE ADOPTION OF THE TENTATIVE BUDGET FOR THE CITY OF APACHE JUNCTION, ARIZONA, FOR FISCAL YEAR 2011-2012, HEREWITH SETTING FORTH THE TENTATIVE ESTIMATES FOR THE MONIES NECESSARY FOR THE PUBLIC EXPENSES OF THE CITY OF APACHE JUNCTION, ARIZONA, FOR THE FISCAL YEAR 2011-2012 AND GIVING NOTICE OF THE TIME AND PLACE FOR HEARING TAXPAYERS FOR THE ADOPTION OF THE FINAL BUDGET, AND DECLARING AN EMERGENCY, BE APPROVED. Councilmember Coleman SECONDED THE MOTION. VOTE: Unanimous . SPECIAL MEETING OF THE CITY COUNCIL JULY 18, 2011 PAGE 3 OF 6 The motion carried. CONSIDERATION OF PROPOSED RESOLUTION NO. 11-36, DECLARING AS A PUBLIC RECORD AND ADOPTING THOSE CERTAIN DOCUMENTS ENTITLED "CLASSIFICATION PLAN FOR FISCAL YEAR 2011-2012" AND "COMPENSATION PLAN FOR FISCAL YEAR 2011-2012" AND __ DECLARING AN EMERGENCY ) Mayor Insalaco called for a motion. Councilmember Smithson MOVED THAT RESOLUTION NO. 11-36, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, DECLARING AS A PUBLIC RECORD AND ADOPTING CERTAIN DOCUMENTS FILED WITH THE CITY CLERK ENTITLED "THE CLASSIFICATION PLAN FOR FISCAL YEAR 2011- 2012" AND "THE COMPENSATION PLAN FOR FISCAL YEAR 2011-2012"; AND DECLARING AN EMERGENCY, BE APPROVED. Councilmember Barker SECONDED THE MOTION. VOTE: Unanimous . The motion carried. DISCUSSION AND DIRECTION ON PROPOSED TEMPORARY PERSONAL LEAVE FOR CITY EMPLOYEES FOR FISCAL YEAR 2011-2012 ) Mayor Insalaco called for a motion. Councilmember Smithson MOVED THAT WE APPROVE 40 HOURS OF TEMPORARY PERSONAL LEAVE FOR FULL TIME EMPLOYEES WORKING 32 TO 40 HOURS PER WEEK AND 25 HOURS (corrected from 5 hours to 25 hours due to clerical error) OF TEMPORARY PERSONAL LEAVE FOR PART TIME EMPLOYEES WORKING 24 TO 31 HOURS PER WEEK FOR FISCAL YEAR 2011-12 SUBJECT TO THE FOLLOWING TERMS: (1) THIS LEAVE WILL BE PLACED IN A SEPARATE SPECIAL MEETING OF THE CITY COUNCIL JULY 18, 2011 PAGE 4 OF 6 BILLING ACCOUNT APART FROM VACATION AND SICK LEAVE; (2) IT WILL BE CONSIDERED STRAIGHT TIME AND WILL NOT BE CONSIDERED IN THE CALCULATION OF OVERTIME OR CAUSE AN EMPLOYEE TO BE PAID FOR OVER 40 HOURS IN A WORK WEEK; (3) IT WILL ONLY BE AVAILABLE FOR USE BEGINNING AUGUST 1, 2011 AND UP TO AND INCLUDING JUNE 30, 2012; (4) THERE WILL BE NO CARRYOVER OF THIS LEAVE BEYOND JUNE 30, 2012; (5) PRIOR TO TAKING THIS LEAVE AN EMPLOYEE SHALL OBTAIN APPROVAL FROM HIS/HER DEPARTMENT DIRECTOR; (6) IT SHALL BE ..� EXTENDED TO NON-EXEMPT AND EXEMPT CITY EMPLOYEES WHO REGULARLY WORK 24 HOURS OR MORE PER WEEK; (7) IT SHALL BE EXTENDED TO ONLY THOSE EMPLOYEES WHO ARE AN EMPLOYEE OF RECORD ON OR BEFORE AUGUST 1, 2011; (8) IT SHALL NOT BE INCLUDED IN ANY PAY OUT PROVISIONS OR AGREEMENTS . I FURTHER MOVE THAT THE CITY MANAGER IS AUTHORIZED TO MAKE FINAL ADMINISTRATIVE ADJUSTMENTS TO THESE TERMS . Councilmember Coleman SECONDED THE MOTION. VOTE: Unanimous. The motion carried. ADJOURNMENT Mayor Insalaco adjourned the meeting at 7 : 14 p.m. ACCEPTED THIS 5TH DAY OF AUGUST, 2011, BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA. 40116- SIGNED AND ATTESTED TO THIS 5TH DAY OF AUGUST, 2011 . JOHN S. INSALACO Mayor SPECIAL MEETING OF THE CITY COUNCIL JULY 18, 2011 PAGE 5 OF 6 .. ATTEST: KATHLEEN CONNELLY City Clerk CITY COUNCIL MINUTES CERTIFICATION I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the special meeting of the City Council of the City of Apache Junction, Arizona, held on the 18th day of July, 2011 . I further certify that the meeting was duly called and held and that a quorum was present . Dated this 19th day of July, 2011 . "'7i f KATHLEEN CONNELLY City Clerk p SPECIAL MEETING OF THE CITY COUNCIL JULY 18, 2011 PAGE 6 OF 6 CITY COUNCIL REGULAR MEETING JULY 19, 2011 The regular meeting of the City Council of the City of Apache Junction, Arizona, was held on July 19, 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 Smithson gave the Invocation. PLEDGE OF ALLEGIANCE Councilmember Serdy led the Pledge of Allegiance. ROLL CALL Councilmembers Present: Mayor Insalaco Vice Mayor Dietz Councilmember Barker Councilmember Coleman Councilmember Serdy Councilmember Smithson Councilmember Wilson Staff Present : City Manager George Hoffman Assistant City Manager Bryant Powell City Clerk Kathleen Connelly City Attorney Joel Stern Interim Public Works Director Giao Pham Economic Development Director Steve Filipowicz Others Present : Library Manager Spencer Paden REGULAR MEETING OF THE CITY COUNCIL JULY 19, 2011 PAGE 1 OF 5 ACCEPTANCE OF CONSENT AGENDA Vice Mayor Dietz MOVED THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED; AND THAT APPROVAL BE GIVEN FOR THE FIRST AMENDMENT TO THE LEASE AGREEMENT WITH AT&T MOBILITY SERVICES FOR ADDITIONAL LEASED SPACE AND INSTALLATION OF EQUIPMENT, INCREASING THE RENT FROM $1, 721 . 90 PER MONTH TO $2, 333 . 00 PER MONTH; AND THAT AUTHORIZATION BE GIVEN FOR THE MAYOR TO SIGN THE AMENDMENT .. PENDING FINAL APPROVAL AS TO FORM BY THE CITY ATTORNEY; AND THAT ACKNOWLEDGEMENT BE GIVEN FOR THE RECEIPT OF THE 2010-2011 ANNUAL REPORT OF THE APACHE JUNCTION PUBLIC LIBRARY; AND THAT RESOLUTION NO. 11-27, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AUTHORIZING THE CITY TO ENTER INTO AN INTERGOVERMENTAL AGREEMENT WITH ARIZONA DEPARTMENT OF TRANSPORTATION FOR HIGHWAY SAFETY IMPROVEMENT PROGRAM GRANT FUNDS, BE APPROVED. Councilmember Coleman SECONDED THE MOTION. VOTE: Unanimous . The motion carried. ANNOUNCEMENT OF CURRENT EVENTS Councilmember Barker commented she went to the library budget presentation and picked out a statistic that points out how incredibly important the library is to the community. There ^ were 377, 000 patron visits to the library in the last year. This is one of the top libraries in the state. Councilmember Serdy announced the Governor' s Office of Tourism Conference was held this past week. It is designed to promote the state in tourism and promote different events . There are 9 categories of awards . One of the awards is for Special Events Rural . Superstition Harley-Davidson was nominated for this award and won. When they read off the award of what was actually pulled off, that the community was very close to losing Lost Dutchman Park, that the gentleman donated the money, and REGULAR MEETING OF THE CITY COUNCIL JULY 19, 2011 PAGE 2 OF 5 then Mark and Bev LeResche jumped in along with other people, and that they created the Observation Ride for a special event which raised another $10, 000 to keep the park open. He believes this one got the most applause after they started reading everything off on what happened here. Mayor Insalaco requested Darcie McCracken come forward. .�. Ms . Darcie McCracken, Deputy City Clerk of Glendale and immediate past president of the Arizona Municipal Clerks Association, presented City Clerk Kathleen Connelly with their Clerk of the Year Award. AWARDS, PRESENTATIONS AND COMMUNICATIONS Sergeant Ryan Encarnacion and Sergeant Matt Bielkiewicz presented Apache Junction Police Department Explorer Challenge Coins to the city council and city management . CITY MANAGER' S REPORT City Manager George Hoffman commented on Kathy Connelly being given the Clerk of the Year award; Assistant to the City Manager Ruth Giese rejoining the City of Mesa; the volunteer hours at animal control increasing over the years; the Focal Point Enhancement Project Activity for the year; Multi-Gen Facility Manager Jamie Sullivan being selected Arizona' s Young Professional of the Year by the Arizona Parks and Recreation Association; and the Silly Mountain Botanical Walk winning the Partnership Award along with Superstition Area Land Trust from the Arizona Parks and Recreation Association. Economic Development Director Steve Filipowicz gave a video presentation on the new Shop Apache Junction Back to School advertisement . He added various periodicals are predicting July sales to rise anywhere from 4 . 5% to 6. 2% . Back to school is the second biggest sales driver of the year in apparel, second only to Christmas . PUBLIC HEARINGS None . REGULAR MEETING OF THE CITY COUNCIL JULY 19, 2011 PAGE 3 OF 5 OLD BUSINESS None. NEW BUSINESS None. COUNCIL DIRECTION TO STAFF None. SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES Councilmember Coleman MOVED THAT AN EXECUTIVE SESSION AT 5: 45 P.M. AND A WORK SESSION AT 7 : 00 P.M. BE HELD ON MONDAY, AUGUST 1, 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, AUGUST 2, 2011 IN THE CITY COUNCIL CONFERENCE ROOM. Vice Mayor Dietz SECONDED THE MOTION. VOTE: Unanimous . The motion carried. CALL TO THE PUBLIC: None. r� ADJOURNMENT ) Mayor Insalaco adjourned the meeting at 7 : 24 p.m. Consent Agenda Items are as follows: 1 . Acceptance of Agenda. 2 . Approval of Minutes of Regular Meeting of July 5, 2011 . REGULAR MEETING OF THE CITY COUNCIL JULY 19, 2011 PAGE 4 OF 5 Aolk 3 . Consideration of approval of First Amendment to Lease Agreement with ATT Mobility Services for Location of Communication Equipment on City Property. 4 . Acknowledge receipt of the 2010-2011 Annual Report of the Apache Junction Public Library. 5 . Consideration of Resolution No. 11-27 authorizing the City of ,^ Apache Junction to enter into an Intergovernmental Agreement with the Arizona Department of Transportation for Highway Safety Improvement Program grant funds . ACCEPTED THIS 2ND DAY OF AUGUST, 2011, BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA. SIGNED AND ATTESTED TO THIS 2ND DAY OF AUGUST, 2011 . JOHN S . INSALACO Mayor ATTEST: KATHLEEN CONNELLY City Clerk 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 19th day of July, 2011 . I further certify that the meeting was duly called and held and that a quorum was present. Dated this 20th day of July, 2011 . Cam_ KATHLEEN CONNELLY t City Clerk REGULAR MEETING OF THE CITY COUNCIL JULY 19, 2011 PAGE 5 OF 5 .... Gyo City olApach unction I l ome o,/ //e , iit'et'ctatto,i A lountains 4#120/t" c Print �► TO: City Manager's Office FROM: Roger S. Hacker, Revenue Resources Manager DATE: August 2, 2011 Agenda Type : Regular Agenda Council Priority Focus Area: Revenue Development TITLE OF AGENDA ITEM Consideration of Proposed Indian Community State Shared Revenue Program Local Nonprofit Participation Policies ACTION REQUESTED Recommendation for Approval DISCUSSION/ BACKGROUND INFORMATION: On May 3, 2011, the City Council directed staff to prepare a draft of policies governing the City's "sponsorship" of local nonprofits for participation in the Indian Community State Shared Revenue Program. The proposed policies were reviewed by the Council on June 6, 2011 and again on June 20, 2011 The next step in the process is the approval of the proposed guidelines FISCAL IMPACT: Budgetary Approval Not Required OPTIONS/ALTERNATIVES: Policy Discussion (list specific options/alternatives) RECOMMENDATION. Council could. 1 Adopt the proposed policies 2. Reject the proposed policies. 3 Direct staff to make additional changes to the policies and return at a future meeting ATTACHMENTS: Click to download LI Staff Report D Proposed Policies Ll Ft.McDowell Yavapai Nation IGA t3 Grant Pass Through Ageement D City Council Resolution 4 PQ pCkgv � a { .16 City of Apache Junction qR, ov4 Development Services Department MEMORANDUM DATE: July 14, 2011 TO: The Honorable Mayor and City Council THROUGH• George Hoffman, City Manager Brad Steinke, Development Services Director FROM: Roger S Hacker, Revenue Resources Manager SUBJECT. Indian Community State Shared Revenue Program REQUEST Staff respectfully requests that the City Council adopt the proposed policies governing the City's "sponsorship" of local nonprofit organizations for participation in the Indian Community State Shared Revenue Program. See Attachment 1 for a copy of the policies entitled "Indian Community State Shared Revenue Program Local Nonprofit Participation" Supplemental documents are referenced in the policies. See Attachment 2 for an Intergovernmental Agreement utilized by the Ft McDowell Yavapai Nation See Attachment 3 for a draft of a Grant Pass Through Agreement that could be utilized by the City of Apache Junction See Attachment 4 for a draft of a City Council resolution that could be utilized by the City BACKGROUND During the April 18, 2011 City Council work session, City staff gave an update regarding the Indian Community State Shared Revenue Program As noted in the presentation, Proposition 202 stipulated that local nonprofit organizations may apply for Program funds if"sponsored" by an appropriate municipality. Council asked staff to return to a future meeting to formally seek direction regarding this matter During the May 3, 2011 City Council meeting, City staff was given the directive to prepare a draft of policies governing the City's "sponsorship" of local nonprofit organizations for participation in the Indian Community State Shared Revenue Program During the June 6, 2011 City Council work session, City staff presented to the Council • Proposed policies governing sponsorship of a nonprofit organization • Sample of an intergovernmental agreement ("IGA") executed between a tribal entity and a pass through municipality • Draft grant pass through agreement that could be used between the City and a nonprofit when an IGA is not executed between the tribal entity and a pass through municipality • Draft resolution that could be used by the City when sponsoring a nonprofit agency During the June 20, 2011 City Council work session, City staff presented a corrected version of the proposed policies and answered additional questions. DISCUSSION The proposed guidelines have been reviewed by the City Council during two work sessions If appropriate, the next step in the process is the approval of those guidelines by the Council. RECOMMENDATION Staff respectfully recommends that Council adopt the policies titled "Indian Community State Shared Revenue Program Local Nonprofit Participation". ACTION REQUIRED Staff respectfully requests that the City Council adopt the proposed policies Attachment 1. "Indian Community State Shared Revenue Program Local Nonprofit Participation" Attachment 2. Intergovernmental Agreement Utilized by the Ft. McDowell Yavapai Nation Attachment 3. Proposed Grant Pass Through Agreement Between the City of Apache Junction and a Nonprofit Organization Attachment 4. Proposed Resolution Sponsoring a Local Nonprofit Organization for Participation in the Indian Community State Shared Revenue Program Page 2 PP ACHE 4 O '1'O v z City Council Report Attachment 1 gR/ZONP CITY OF APACHE JUNCTION, ARIZONA INDIAN COMMUNITY STATE SHARED REVENUE PROGRAM: LOCAL NONPROFIT PARTICIPATION As Adopted by the City Council on PURPOSE OF DOCUMENT The purpose of this document is to delineate criteria which the City may utilize to determine "sponsorship" of a nonprofit organization for participation in the Indian Community State Shared Revenue Program BACKGROUND In November 2002, the voters of Arizona approved Proposition 202 which initiated new gaming compacts between the State of Arizona and the Native American communities An important provision of Proposition 202 was the sharing of gaming revenues with the State Henceforth, tribes would be assessed by the State a percentage of their gross gaming revenue. Tribes had the option of either paying all of this assessment into a State managed fund or to pay 88% of the assessment into the State managed fund and retain 12% of the assessment for distribution as grants. Several Native American communities (e g Gila River Indian, Ak-Chin, Fort Mc Dowell Yavapai) exercised their option to retain and administer 12% of State shared revenue Known as the Indian Community State Shared Revenue Program, the Program makes "Distributions to cities, towns, or counties for government services that benefit the general public, including public safety, mitigation of the impacts of gaming, or promotion of commerce and economic development " Typical tribal funding priorities include 1) public safety (police, fire, ems), 2) transportation, 3) health care services, 4) economic and/or community development; 5) education, and 6) environment The law also stipulates that local nonprofits may submit applications to tribal entities if the nonprofit organization is "sponsored" by an appropriate municipality In such cases, the municipality agrees to act as a pass through for the grant funds. The municipality receives the grant funds from the tribal entity and in turn issues a check to the nonprofit agency. Page 1 of 4 Communities choose to support nonprofit tribal grant applications because' 1) the law stipulates this role for municipalities, 2) it is a way to address local needs that government cannot (e g social services), 3) it is a way to assist local nonprofits, and 4) it is considered being a "good neighbor". Some tribal entities formalize the relationship between themselves and the pass through municipality by using an Intergovernmental Agreement (e g Fort Mc Dowell Yavapai Nation) See Addendum 1. Other tribal communities (e g Gila River Indian Community) do not formalize this relationship rather they encourage the pass through municipality and the nonprofit organization to develop their own contractual agreement if so desired. See Addendum 2 for a sample Grant Pass Through Agreement that the City could utilize CRITERIA I CONSIDERATION FOR SPONSORSHIP An organization may be considered for sponsorship by the City Council if it is legally recognized by the Internal Revenue Service as a 501 (c) 3 organization, is in good standing in the City (e.g current business license), provides a service to the residents of Apache Junction, and has a physical presence in the community (e g branch office, satellite office). II NON COMPETE An organization may be considered for sponsorship if its grant application is not determined by City staff to be in competition with an application to be submitted by the City to the same tribal community during the same funding cycle III PROCESS TO BE UTILIZED a Grant Initiated by Nonprofit Organization An organization wishing to be sponsored by the City should initiate contact with the City's Revenue Resources Manager The organization will provide information as requested by the Manager in a timely fashion so that the necessary City Council reports may be prepared The Revenue Resources Manager will present to the City Council a report summarizing the organizations seeking sponsorship, the projects to be funded, and a recommendation on whether or not to sponsor the agency This information will be presented to the City Council during regularly scheduled work session(s) and City Council Meeting(s). The ultimate decision on sponsorship rests with the City Council. As directed by the Page 2 of 4 tribal communities, sponsorship will be determined by the adoption of a City Council resolution authorizing the submission of the grant application under the auspices of Apache Junction See Addendum 3 for a sample resolution b. Grant Initiated by an Indian Community Some Indian Communities accept grant applications only by invitation (e g Salt River A. . Pima-Maricopa Indian Community) In such cases, the Indian Community requests a nonprofit to submit a grant application that addresses a priority area of the Community, such applications still must be submitted through a sponsoring municipality. If a nonprofit is requested by an Indian Community to submit a grant application that will address a need of the residents of Apache Junction, the City's Revenue Resources Manager will work with the Indian Community and the City Council to facilitate the honoring of that request IV STAFF RECOMMENDATION City staff will meet with an agency requesting sponsorship to determine if the agency 1) serves Apache Junction residents, 2) addresses an identified community need, 3) maintains necessary City registration(s), and 4) maintains Directors and Operators Insurance coverage (See Section V) Based upon this information, staff will prepare a recommendation of sponsor/do not sponsor and submit to the City Council for consideration V DIRECTORS AND OPERATORS LIABILITY INSURANCE It is a good business practice for a nonprofit to maintain a Directors and Operators Liability Insurance Policy as part of its insurance package Such a policy protects the agency against allegations of wrongful acts or decisions that result in a financial loss. Nonprofit agencies seeking "sponsorship" by the City are encouraged to maintain such a policy and to name the City of Apache Junction as a co-insured. An agency's financial inability to maintain such a policy will not eliminate an organization from consideration for sponsorship VI ADMINISTRATIVE COSTS The City will incur some administrative costs (e g staff time) for sponsoring a nonprofit organization. City staff will discuss with representatives of the nonprofit organization these costs and the possible reimbursement of them Inability to reimburse the City for these administrative costs will not eliminate an organization from consideration for sponsorship Page 3 of 4 bk VII LIABILITY As noted earlier, some tribal entities execute Intergovernmental Agreements ("IGAs") between itself and the pass through municipalities. Such IGAs typically have language which holds the municipalities harmless for any malfeasances with the funds to be granted. When possible, the City will execute an IGA with the tribal community See Attachment 1 When an IGA is not utilized by the funder, the City will execute a Grant Pass Through Agreement with the nonprofit receiving funds See Addendum 2 VIII. MALFEASANCE Because its role is limited to that of a financial pass through, the City has no responsibility for the re-cooping of grant funds or the pursuit of legal remedies should malfeasance by the funded nonprofit organization occur during the life of a grant contract. Financial malfeasance would be covered by a standard Directors and Operators Liability Insurance Policy Malfeasance on the part of a nonprofit organization will preclude City sponsorship in future funding cycles. Page 4 of 4 City Council Report. Attachment 2 Addendum 1 Intergovernmental Agreement Between The City of Mesa and The Fort McDowell Yavapai Nation To Provide Funds For Promoting Tourism and other Public Programs in the City of Mesa And Surrounding Communities Pursuant To A Tribal Revenue Sharing Agreement Authorized By Section 12 Payment of Regulatory Costs; Tribal Contributions Fort McDowell Yavapai Nation and State of Arizona Gaming Compact 2002, And A.R.S. § 5-601.02 Fort McDowell,Arizona 674966 I fr Intergovernmental Agreement Between The City of Mesa and The Fort McDowell Yavapai Nation to Provide Funds for Promoting Tourism,Education and other Public Programs in the City of Mesa and Surrounding Communities This Intergovernmental Agreement (this "Agreement") is entered into by and between the City of Mesa, an Arizona municipal corporation (the "City") and the Fort McDowell Yavapai Nation (the "Nation"), a Federally-Recognized Indian Tribe, pursuant to Section 12 Payment of Regulatory Costs, Tribal /1 Contributions ("Section 12") of the Fort McDowell Yavapai Nation and State of Arizona Gaming Compact 2002(the"Compact")and A R S § 5-601 02. Recitals A The City and Nation may enter into an agreement with one another for the distribution of 12%of the Nation's annual contribution under Section 12(b)(1) of the Compact to cities, towns, or counties that benefit the general public or promote commerce and economic development and pursuant to A.R.S. § 5-601 02 B The Nation is authorized by Section 13(A)(15) of Article V, Legislative Branch, of the Constitution of the Fort McDowell Yavapai Nation to consult, negotiate, contract and conclude and perform agreements with Federal, state, local governments and Indian tribes, as well as any person, association,partnership, corporation,government or other private entity C The City is authorized by A.R S §§ 5-601 02 and 11-952 to enter into agreements with Indian Tribes for the purpose of accepting distributions to cities, towns or counties for governmental services that benefit the general public, including public safety, mitigation of impacts of gaming, or promotion of commerce and economic development D. The City and Nation desire to enter into this Agreement to provide funds for the purpose of promoting education to benefit the general public in the State of Arizona and specifically the City of Mesa and surrounding communities, as designated by the Nation, hereinafter referred to as the "Designated Projects", as more particularly described in Exhibit A attached hereto and incorporated herein by reference E The City and Nation desire to enter into this Agreement to define the terms and conditions of the Nations' funding of the Designated Projects F The total cost of the Designated Projects is One Hundred Ten Thousand One Hundred Eighty-Four dollars and zero cents($110,184 00) G The$110,184 00 is hereby made available for the Designated Projects from revenue generated by the Nation's Gaming Enterprise also known as the Fort McDowell Casino H The Nation intends to provide $110,184 00 (the "Funds"), which represents a portion of its contribution pursuant to a Tribal Revenue Sharing Agreement authorized by Section 12 of the Compact and A R S § 5-601 02 to complete the Designated Projects. 674966 1 Agreement NOW, THEREFORE, in consideration of the foregoing recitals, which are incorporated herein, and the covenants and promises set forth below,the Nation and the City, hereby mutually agree as follows: 1. Designated Projects. The Designated Projects consist of the Nation providing the Funds to entities within the City of Mesa to promote education, public safety and for the benefit of the general public in the City of Mesa and surrounding area,as identified in the attached Exhibit A 2. Disbursement of Funds Promptly after receipt of the Funds from the Nation, the City shall send a payment to such Designated Entity in the amount of the payment received from the Nation 3. Consideration and Reliance The Nation expressly acknowledges that the City's promise to accept and disburse to the Designated Entities all Funds received by the City pursuant to this Agreement is full and adequate consideration and shall render this promise to provide funding irrevocable, and this Agreement shall constitute a binding obligation of the Nation under applicable law. 4 Limited Duties of City The Nation further expressly agrees that, except as specifically set forth m this Agreement, the City has no duties under or related to this Agreement other than to receive the Funds and deliver same to the Designated Entities, selection of Designated Entities and determination as to the amount of funding are solely at the discretion of the Nation. The Parties agree that there are no third-party beneficiaries to this Agreement 5. Financing; Verification of Payment A Nation Deposit. The Nation shall deposit with the City the amount of$110,184 00 within thirty (30) days of the Effective Date of this Agreement to be disbursed according the Designated Project amounts in Exhibit A B Verification of Payment At the request of the Nation, the City shall provide a verification of payment to the Designated Entities The City's responsibility is limited to disbursement to each Designated Entity and the City has no further duty with regard to any third parties, provided that the disbursement is complete. 6 Inspection and Audit. To ensure compliance with the City's limited duties herein, the Nation may inspect any and all records maintained by the City with respect to the Designated Project upon seven (7) days prior, wntten notice to the City. This Section 6 shall survive termination, cancellation, or revocation,whether whole or in part, of this Agreement for a period of one(1)year following the date of such termination,cancellation,or revocation. 7 Term and Termination of Agreement A Effective Date. This Agreement shall be effective on the date it is signed by the Nation's authorized representative B Term This Agreement shall commence upon the Effective Date and shall terminate when the funds have been received by the City and disbursed to the Designated Entities. C Termination The Nation may terminate this Agreement with or without cause at any time prior to providing payment to the City, provided that such notice shall be in writing and delivered to the parties' designated representatives,as set forth in the Notice section. 674966 1 2 eIN 8 Indemnification. A. Indemnification. Each party shall indemnify, defend, and hold harmless the other party, its governing body, officers, departments, employees and agents from and against any and all suits, actions, legal or administrative proceedings, claims, demands, liens, losses, fines or penalties, damages, liability, interest, attorney's, consultant's, and accountant's fees or costs and expenses of whatsoever kind and nature, resulting from or arising out of the negligence or willful misconduct of the indemnifying party, its employees or agents in performing the duties set forth in this Agreement B No Liability for Other Party's Debts and Obligations. Neither party shall be liable for any debts, accounts, obligations, nor other liabilities whatsoever of the other, including and without limitation the other party's obligation to withhold employment and income taxes for itself or any of its employees C Severability This Section 8 shall survive termination, cancellation, or revocation, whether whole or in part, of this Agreement for a period of one (1) year from the date of such termination, cancellation or revocation unless a timely claim is filed under A R S § 12-821 01, in which case this Section 8 shall remain in effect for each claim and/or lawsuit filed thereafter,but in no event shall this Section 8 survive more than five (5)years from the date of termination, cancellation or revocation of this Agreement 9 Interpretation of Agreement A Entire Agreement This Agreement constitutes the entire agreement between the parties pertaining to the subject matter contained herein, and all pnor or contemporaneous agreements and understandings, oral or written,are hereby superceded and merged herein B Amendment This Agreement shall not be modified, amended, altered, or changed except by written agreement signed by both parties C Construction and Interpretation All provisions of this Agreement shall be construed to be consistent with the intention of the parties as expressed in the recitals contained herein D Relationship of the Parties. Neither party shall be deemed to be an employee or agent of the other party to this Agreement E Days Days shall mean calendar days F Severability In the event that any provision of this Agreement or the application thereof is declared invalid or void by statute or judicial decision, such action shall have no effect on other provisions and their application which can be given effect without the invalid or void provision or application, and to this extent the provisions of the Agreement are severable. In the event that any provision of the Agreement is declared invalid or void, the parties agree to meet promptly upon request of the other party in an attempt to reach an agreement on a substitute provision. 10 Waiver Waiver or delay in enforcement by either party of any breach of a term, covenant, or condition contained herein shall not be deemed a waiver of any other term, covenant, or condition, or any subsequent breach of the same or any other term,covenant,or condition contained herein 674966 1 3 11. Notification. Any notice, communication, or modification shall be given in writing and shall be given by registered or certified mail or in person to the following individuals. The date of receipt of such notices shall be the date the notice shall be deemed to have been given For the Fort McDowell Yavapai Nation Raphael R Bear, President Drew Ryce,General Counsel Fort McDowell Yavapai Nation Fort McDowell Yavapai Nation P O Box 17779 P O Box 17779 Olk Fountain Hills,AZ 85269 Fountain Hills,AZ 85269 For the City of Mesa Christopher J.Brady Mesa City Attorney's Office City Manager Attn City Attorney P O Box 1466 P O Box 1466 Mesa,AZ 85211-1466 Mesa,AZ 85211-1466 12 Assignment and Delegation. Neither party shall assign nor delegate any of its rights, interest, obligations, covenants, or performance under this Agreement Any termination shall not relieve either party from liabilities or costs already incurred under this Agreement 13 Non-Waiver of Sovereign Immunity Nothing in this Agreement, Exhibit A or the Funding Agreements shall be construed to waive the Sovereign Immunity of the Nation [SIGNATURES ON FOLLOWING PAGE] 674966 1 4 IN WITNESS WHEREOF, The City of Mesa has caused this Intergovernmental Agreement to be executed by the City Manager, upon resolution of the City Council and attested to by the Clerk of the City, and the Fort McDowell Yavapai Nation has caused this Intergovernmental Agreement to be executed by the Nation's Tribal Council and attested to by its Tribal Secretary This Agreement is effective upon signature of a duly appointed representative of the Fort McDowell Yavapai Nation ATTEST: FORT MCDOWELL YAVAPAI NATION Pansy Thomas, Secretary Raphael R Bear Fort McDowell Yavapai Nation President,Tribal Council Fort McDowell Yavapai Nation Date ATTEST CITY OF MESA Linda Crocker, Clerk Christopher J Brady, City Manager City of Mesa,Arizona City of Mesa,Arizona Date eiS 674966 i 5 elk The undersigned attorney acknowledges that he has reviewed the above Agreement on behalf of the FORT MCDOWELL YAVAPAI NATION,and has determined that this Agreement is in proper form and that execution hereof is within the powers and authority granted under the Constitution of the Fort McDowell Yavapai Nation, Section 13(A)(15), Article V Legislative Branch, as adopted October 19, 1999 and approved by the U.S. Deputy Commissioner of Indian Affairs November 12, 1999 This acknowledgement shall not constitute nor be construed as a waiver of the Sovereign Immunity of the Fort McDowell Yavapai Nation. Drew Ryce,General Counsel Date Fort McDowell Yavapai Nation In accordance with the requirements of A.R.S. § 11-952(D), the undersigned attorney acknowledges that (i)he has reviewed the above Agreement on behalf of the CITY OF MESA and(ii)as to the City of Mesa only,has determined that this Agreement is in proper form and that execution hereof is within the powers and authority granted under the laws of the State of Arizona Mesa City Attorney Date 674966 1 6 EXHIBIT A DESIGNATED PROJECTS Entity Purpose Award Contact City of Mesa School District $71,000.00 Jerry Dillehay (Fremont Jr $20,500) City Of Mesa,Grants Coord (Red Mountain H.S.$15,500 00) 480-644-4202 (Salk Elementary$35,000) Dr Debra Duvall Superintendent Mesa Schools 63 E main St #101 Mesa AZ 85201 480-472-0000 City of Mesa Public Safety $5000 00 Jerry Dillehay Fire Department City of Mesa Public Benefit $20,000.00 Chris Scarpati Child Crisis Center Child Crisis Center 817 N Country Club Dnve Mesa,AZ 85201 480-834-9492 City of Mesa Public Benefit $14,184 00 Jerry Dillehay Mesa Art Center Am Indian Art Ctr TOTAL $110,184 00 674966 1 City Council Report: Attachment 3 Addendum 2 When recorded return to. Richard Joel Stern, Esq. Apache Junction City Attorney 300 East Superstition Blvd Apache Junction, AZ 85119 GRANT PASS THROUGH AGREEMENT BETWEEN THE CITY OF APACHE JUNCTION AND EAST VALLEY ADULT RESOURCES THIS GRANT PASS THROUGH AGREEMENT (the "Agreement") is made as of the day of 20_, by and between CITY OF APACHE JUNCTION, ARIZONA, an Arizona municipal corporation ("City") and East Valley Adult Resources, a nonprofit agency ("EVAR"). City and EVAR are sometimes referred to herein collectively as the "Parties," or individually as a "Party." RECITALS A EVAR is a nonprofit organization which provides social, recreational, fitness, advocacy, and transportation services at the Apache Junction Active Adult Center for Apache Junction residents. B. EVAR desires to utilize Gila River Indian Community funds for transportation services in Apache Junction. C. The Gila River Indian Community ("GRIC") desires to convey to City a portion of its annual 12% local revenue-sharing contribution required to be paid to local governments for the benefit of the general public in accordance with the Tribal-State Gaming Compact executed by and between GRIC and the State of Arizona in 2003, and pursuant to A.R.S. § 5-601.02, for disbursement by City to EVAR D. City desires to disburse the aforementioned contribution to the EVAR and to set forth the mutual understandings between City and EVAR. E. There is a need for mutual cooperation for a pass through of grant funds from GRIC to City and ultimately to East Valley Adult Resources. F Mutual cooperation would result in EVAR's obtaining assistance from City, which translates to public savings 1 G. The Parties have mutual interests in this project and wish to enter into this Agreement with certain terms and conditions. AGREEMENT NOW, THEREFORE, in consideration of the foregoing Recitals and the mutual promises and covenants set forth herein, and for other consideration, the receipt and adequacy of which is hereby acknowledged, the Parties agree as follows• 1. ACCURACY OF THE RECITALS: The Parties hereby confirm the accuracy of the Recitals set forth above, which are incorporated herein by this reference. 2. CITY'S OBLIGATIONS: City agrees to do all of the following. a. Disburse the aforementioned GRIC contribution to EVAR. b. Review copies of all reports and documents sent to the Gila River Indian Community by EVAR related to funded project. 3. EVAR'S OBLIGATIONS: EVAR agrees to do all of the following. a. Hold harmless the City of Apache Junction and its agents for any acts or omissions by City, its elected officials, appointees, and employees. b. Provide to the City of Apache Junction a copy of all reports and documents sent to the GRIC related to funded project no later than 30 days after their submission to GRIC. 4 Purpose. The purpose of this Agreement is to set forth the rights and responsibilities of the Parties with respect to the acceptance and distribution of the contribution to EVAR. 5 Funding Schedule. GRIC shall deliver a one-time payment of $45,000 to the City for disbursement to EVAR for the provision of transportation services at the Apache Junction Active Adult Center ("Center"). The purpose of the contribution is to provide City residents with transportation to the Center, Center Programs, local medical appointments, and local shopping hubs. 6. Term. The Term of this Agreement is one calendar year from the execution date. 7 Indemnification and Hold Harmless. EVAR shall indemnify, defend and hold harmless the City, its Mayor and City Council, appointees, employees and agents from and against any and all suits, actions, legal or administrative proceedings, claims, demands, liens, losses, fines or penalties, damages, liability, interest, fees for attorneys, consultants and accountants or costs and expenses of any kind and nature, resulting from or arising out of the negligence or willful misconduct of City, its Mayor and City Council, appointees, employees and agents in performing the duties set forth in this Agreement. 8. Transactional Conflicts of Interest. The Parties acknowledge that this Agreement is subject to cancellation pursuant to the provisions of A.R.S. § 38-511. 9. Waiver. No waiver, whether written or tacit, of any remedy or provision of this Agreement shall be deemed to constitute a waiver of any other provision hereof or a permanent waiver of the provision concerned, unless otherwise stated in writing by the Party to be bound thereby. 10. Severability. If any provision of this Agreement shall be found invalid or unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall not be affected thereby and shall remain in effect and be valid and enforceable to the fullest extent permitted by law 11. No Third Party Beneficiary Rights. The Parties agree that no third party rights attach to this agreement. 12. NOTICES: Except as otherwise required by law, any notice required or permitted under this Agreement shall be in writing and shall be given by personal delivery, or by deposit in the United States mail, certified or registered, return receipt requested, postage prepaid, addressed to the Parties at their respective addresses set forth below, or at such other address as a Party may designate in writing pursuant to the terms of this Section, or by telecopy or telefacsimile machine, or by any nationally recognized express or overnight delivery service (e.g. Federal Express or UPS), delivery charges prepaid: If to City: City of Apache Junction Attn. City Manager 300 E. Superstition Blvd. Apache Junction, Arizona 85119-2899 Telephone. (480) 474-5066 Facsimile: (480) 474-5110 If to EVAR• East Valley Adult Resources Attn: Executive Director 3 45 West University Suite A - Mesa, Arizona 85201 Telephone: (480) 964-9014 Facsimile: (480)898-7306 IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first set forth above. EAST VALLEY ADULT RESOURCES, an Arizona nonprofit organization By: Mary Turley Its: President, Board of Directors CITY OF APACHE JUNCTION, ARIZONA, an Arizona municipal corporation By. John S. Insalaco Its: Mayor ATTEST. By: Kathy Connelly, City Clerk APPROVE AS TO FORM: By: Richard J. Stern, City Attorney 4 STATE OF ARIZONA ) ss. County of The foregoing was acknowledged before me this day of , 20_, by [Name], [Title] of [Other Agency], an Arizona [description of agency]. Notary Public My Commission Expires: (seal) STATE OF ARIZONA ) ss. COUNTY OF The foregoing was acknowledged before me this day of , 2010, by John S. Insalaco, the Mayor of City of Apache Junction, Arizona, an Arizona municipal corporation, who acknowledged that he signed the foregoing instrument on behalf of City. Notary Public My Commission Expires: (seal) 5 City Council Report* Attachment 4 Addendum: 3 RESOLUTION NO 11-31 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, APPROVING THE SUBMITTAL OF A GRANT APPLICATION TO THE GILA RIVER INDIAN COMMUNITY FOR PROPOSITION 202 FUNDS. WHEREAS, in 2002, Proposition 202 authorized new gaming compacts between the State of Arizona and Arizona Indian Tribes which included sharing of gaming revenues, and WHEREAS, a portion of this state-shared revenue in an amount of 12% can be retained by an Indian Tribe and distributed to cities, towns or counties for government services that: 1) benefit the general public; 2) mitigate the impacts of gaming; and/or 3) promote commerce and economic development; and WHEREAS, private, not-for-profit organizations wishing to access Proposition 202 funding to provide public benefits must secure sponsorship from a city, town or county before making application. Said sponsorship must be expressed in a resolution passed by the local government sponsor. WHEREAS, the Gila Indian Community (the "Community") has decided to exercise its option to retain and administer the 12% g_ share itself and has adopted guidelines and procedures for this new program, and WHEREAS, the Community developed an expanded list of "priority areas" for which funding will be concentrated, including public safety, transportation, healthcare services, economic development, and education NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AS FOLLOWS: Section 1 : RESOLUTION NO. 11-31 PAGE 1 OF 3 e Staff is authorized to submit an application, on behalf of East Valley Adult Resources, to the Gila River Indian Community for Proposition 202 funds, and the Mayor is authorized to sign the application, contracts and grant documents for receipt and distribution of the Proposition 202 funds for the operation of es the transportation program at the Apache Junction Active Adult Center in an amount not to exceed $45, 000 . Section 2 • The Mayor is authorized to execute a Grant Pass Through Agreement between the City of Apache Junction and the East Valley Adult Resources Board of Directors for use of the funds if the grant is awarded. Section 3 . The Mayor is authorized to take any and all actions necessary to implement and complete the activities submitted in the application. Section 4 . The City Manager or his or her designee is hereby authorized to take whatever steps necessary to administer and procure the funding. Section 5. The City has no duties under or related to this resolution other than to receive the funds and deliver same to East Valley Adult Resources, the determination as to the amount of funding is solely at the discretion of the Gila River Indian Community. All parties agree there are no third-party beneficiaries to this document. Section 6: If awarded funding, East Valley Adult Resources will provide the City of Apache Junction copies of all reports and documents related to the project funded by the Gila River Indian Community. RESOLUTION NO. 11-31 PAGE 2 OF 3 /1 Section 7 : The City Council supports this grant request for funding and if awarded will administer the funds directly to East Valley Adult Resources as a pass through grant. 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 ATTEST . KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM. RICHARD J. STERN City Attorney RESOLUTION NO 11-31 PAGE 3 OF 3 ROLL CALL VOTE NOTES: P ji �` 1/ ITEM # MEETING OF Si 4„ , I_ „.„,),„,. MOTION BY: SECONDED BY: pit/v-4i- YE NO ABSTAINED COUNCILMEMBER SMITHSON COUNCILMEMBER BARKER I VICE MAYOR DIETZ 00 MEmssfkLoattwk, COUNCILMEMBER SERDY 4 COUNCILMEMBER WILSON MAYOR INSALACO 1/1 UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL 40.114 CONSENT AGENDA ITEMS NO. 1-4 I MOVE THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED; AND THAT APPROVAL BE GIVEN FOR THE PROPOSED INDIAN COMMUNITY STATE SHARED REVENUE PROGRAM: LOCAL NONPROFIT PARTICIPATION POLICIES Ink An\ ` a City o Apache junction z. Home of`the ,SupetstiiJon Mountains Print TO City Manager's Office FROM: Kathy Connelly, City Clerk DATE: August 2, 2011 Agenda Type Regular Agenda Council Priority Focus Area. Communication/Outreach TITLE OF AGENDA ITEM: PROCLAMATION DESIGNATING AUGUST 2011 AS "DROWNING IMPACT AWARENESS MONTH" ACTION REQUESTED: Presentation and Discussion DISCUSSION/ BACKGROUND INFORMATION: LaDon Dieu of Water Watchers at Phoenix Children's Hospital has requested this proclamation be read at a city council meeting Tina Gerola from Apache Junction Fire District will be present to accept the proclamation FISCAL IMPACT: OPTIONS/ALTERNATIVES- RECOMMENDATION ATTACHMENTS: Click to download 13 proclamation primamation DROWNING IMPACT AWARENESS MONTH AUGUST 2011 WHEREAS, Drowning Impact Awareness Month will raise awareness that the number and impact of child drownings in Arizona affects everyone;and 01 WHEREAS, the drowning incidents in Arizons ilk:,the lives of the equivalent of a classroom of children each year; and 1111FREAS, a child drowning can happen to any family regardless of education,race or socio-economic background;and 1%HEREAS, families can take simple steps to protect their children around water to avoid the tragedy of the ua necessary loss of life,and WHEREAS, water safety remains a priority for Arizona families, communities,and government,and 11 atcr Watchers at Phoenix Children's Hospital,and WHEREAS, keeping children healthy and safe is the goal of Water Watchers of Phoenix Children's Hospital, fire departments and other prevention institutions in Arizona. raising awareness will increase understanding and education of effective ways to prevent drownings. NOW. THEREFORE, 1, John S. Insaiacn, !slayor of the City of Apache Junction,Arizona.do hereby proclaim August I through 31,2011 as DROWNING IMPACT AWARFNESS MONTH in the City of Apache Junction, Signed and attested to this ,:s)/TIly of_ Ly' ,201 t • I / "IN e-7 , JOHN S INSALACO Mayor Ancs.; KATHI EEN CONNEL1.V City Clerk • -•••• p i. 4�oCN City o f Apa heJunction Home of the ,S�f//er:ctzt/on .‘fountain t2ot Print TO: City Manager's Office FROM: George Hoffman, City Manager DATE: August 2, 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 PROPOSED RESOLUTION NO. 11-21, DECLARING CASE AM-1-11, AMENDMENTS TO THE ZONING ORDINANCE, PERTAINING TO THE DOWNTOWN OVERLAY DISTRICT, A PUBLIC RECORD 2. Will DEVELOPMENT SERVICES DIRECTOR BRAD STEINKE 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. •••• 4- - — City olApache )1/Inc/Ion \\,........j Home of the Sut,e :ctztjon,\l oiazta is ail Print TO City Manager's Office FROM: Brad Steinke, Director of Development Services DATE: August 2, 2011 Agenda Type • Regular Agenda Council Priority Focus Area: Community Development TITLE OF AGENDA ITEM PROPOSED RESOLUTION NO 11-21, DECLARING A PUBLIC RECORD THAT CERTAIN DOCUMENT FILED WITH THE CITY CLERK ENTITLED "CASE AM-1-11 AMENDMENTS TO THE APACHE JUNCTION CITY CODE, VOLUME II, LAND DEVELOPMENT CODE, CHAPTER 1, ZONING ORDINANCE, PERTAINING TO THE DOWNTOWN OVERLAY DISTRICT", WHICH WAS ALSO ADOPTED BY REFERENCE AS AN EXHIBIT TO ORDINANCE NO 1375 ACTION REQUESTED: Recommendation for Approval DISCUSSION/ BACKGROUND INFORMATION• State law allows municipalities to enact provisions of a code or public record by reference The lengthy provisions of Ordinance No 1375 and Case AM-1-11 (i e , Downtown Overlay District) must first be declared a public record by resolution and then must be passed by adopting ordinance. ..... FISCAL IMPACT: Budgetary Approval Not Required OPTIONS/ALTERNATIVES: Zoning Ordinance Requirement RECOMMENDATION: Recommend approval ATTACHMENTS: Click to download D Cover Memo D Resolution QQgpCNF✓G z City of Apache Junction 4R 0tP Development Services Department To Mayor and City Council From: Brad Steinke, Director of Development Services .. Date. July 20, 2011 RE• Resolution No. 11-21: Declaring Case AM-1-11 (i e , Downtown Overlay District) a Public Record The attached resolution will serve to declare Case AM-1-11 (Downtown Overlay District) as a public record to avoid excessive publication costs. ,.\ 1 ON el% RESOLUTION NO. 11-21 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-1-11. AMENDMENTS TO THE APACHE JUNCTION CITY CODE, VOLUME II, LAND DEVELOPMENT CODE, CHAPTER 1, ZONING ORDINANCE, PERTAINING TO THE DOWNTOWN OVERLAY DISTRICT", WHICH WAS ALSO ADOPTED BY REFERENCE AS AN EXHIBIT TO ORDINANCE NO 1375. 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 of Apache Junction to declare such documents and compilations as public records, which are kept 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-1-11 : AMENDMENTS TO THE APACHE JUNCTION CITY CODE, VOLUME II, LAND DEVELOPMENT CODE, CHAPTER 1, ZONING ORDINANCE, PERTAINING TO THE DOWNTOWN OVERLAY DISTRICT", 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. 11-21 PAGE 1 OF 2 JOHN S . INSALACO Mayor ATTEST . eiN KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM• RICHARD JOEL STERN City Attorney RESOLUTION NO. 11-21 PAGE 2 OF 2 ROLL CALL VOTE NOTES: / ITEM # MEETING OF f il.; MOTION BY: SECONDED BY: YES NO ABSTAINED CO LINCTEMEPASERMAN COUNCILMEMBER SMITHSON V. COUNCILMEMBER SERDY V COUNCILMEMBER BARKER Vi COUNCILMEMBER WILSON I VICE MAYOR DIETZ • MAYOR INSALACO J UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL / lk /'ikk ITEM NO. 7 fratc- I MOVE THAT RESOLUTION NO 11-21,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-1-11. AMENDMENTS TO THE APACHE JUNCTION CITY CODE, VOLUME II LAND DEVELOPMENT CODE, CHAPTER 1 ZONING ORDINANCE, PERTAINING TO THE DOWNTOWN OVERLAY DISTRICT", WHICH WAS ALSO ADOPTED BY REFERENCE AS AN EXHIBIT TO ORDINANCE NO 1375, (BE APPROVED) OR(BE DENIED). PUBLIC HEARING 1. For PROPOSED ORDINANCE NO. 1375 AMENDING THE ZONING ORDINANCE, BY ADDING ARTICLE 1-26 DOWNTOWN OVERLAY DISTRICT,AND ADOPTING BY REFERENCE THE DOWNTOWN OVERLAY DISTRICT 2. Will DEVELOPMENT SERVICES DIRECTOR BRAD STEINKE 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. ... .ak. pyACH City 2. 1pacm junction Home of the 5upei:t/z/ion A4oiiiiJa;ns Print TO: City Manager's Office FROM. Brad Steinke, Director of Development Services DATE• August 2,2011 Agenda Type • Regular Agenda Council Priority Focus Area• Community Development TITLE OF AGENDA ITEM: PROPOSED ORDINANCE NO. 1375, AMENDING THE APACHE JUNCTION CITY CODE, VOLUME II, LAND DEVELOPMENT CODE, CHAPTER 1, ZONING ORDINANCE, BY ADDING A NEW ARTICLE, ARTICLE 1-26 DOWNTOWN OVERLAY DISTRICT, AND ADOPTING BY REFERENCE THAT CERTAIN DOCUMENT ENTITLED "CASE AM-1-11 AMENDMENTS TO THE APACHE JUNCTION CITY CODE, VOLUME II, LAND DEVELOPMENT CODE, CHAPTER 1, ZONING ORDINANCE, PERTAINING TO THE DOWNTOWN OVERLAY DISTRICT", REPEALING ANY CONFLICTING ORDINANCES,AND PROVIDING FOR SEVERABILITY ACTION REQUESTED. Recommendation for Approval DISCUSSION/BACKGROUND INFORMATION. This proposed ordinance would create an overlay zoning district that would provide downtown properties greater flexibility with certain zoning standards, encourage private development investment in downtown, implement downtown building and site design guidelines and allow a mix of residential and commercial uses FISCAL IMPACT. Budgetary Approval Not Required OPTIONS/ALTERNATIVES. Zoning Ordinance Requirement RECOMMENDATION• Recommend approval ATTACHMENTS Click to download D cover memo D Ordinance D Ordinance Exhibit P ACHEJG O rn a City of Apache Junction 4R;1n<1P Development Services Department To Mayor and City Council From: Brad Steinke, Director of Development Services Date July 20, 2011 RE• Public Hearing for Proposed Downtown Overlay Zoning District On August 2nd, the council is scheduled for a public hearing and possible action on the proposed "Downtown Overlay Zoning District". At the last work session, council members appeared agreeable to the final draft which is attached to this memo Since the proposed Downtown Overlay District (DOD) is a zoning code text change, it will not become effective unless and until the city officially rezones the downtown property to DOD. I anticipate starting that rezoning process with the Planning and Zoning Commission in August pending council approval of the DOD ordinance /mak Amok ORDINANCE NO. 1375 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, BY ADDING A NEW ARTICLE, ARTICLE 1-26 DOWNTOWN OVERLAY DISTRICT; AND ADOPTING BY REFERENCE THAT CERTAIN DOCUMENT ENTITLED "CASE AM-1-11• AMENDMENTS TO THE APACHE JUNCTION CITY CODE, VOLUME II, LAND DEVELOPMENT CODE, CHAPTER 1, ZONING ORDINANCE, PERTAINING TO THE DOWNTOWN OVERLAY DISTRICT", REPEALING ANY CONFLICTING ORDINANCES; AND PROVIDING FOR SEVERABILITY. WHEREAS, in December of 2010, the Apache Junction City Council approved and adopted the "Downtown Redevelopment and Implementation Strategy" presented by G&G Consultants, along with its findings and recom- mendations for the redevelopment of the Apache Junction, Apache Trail downtown core areas; and WHEREAS, shortly thereafter, the City Council gave direction to staff to process the necessary amendments to the Zoning Ordinance, through the Planning and Zoning Commission, to implement key recommendations of G&G's Downtown Redevelopment and Implementation Strategy, mainly in the form of a Downtown Overlay District ordinance and accompanying Design Guidelines; and WHEREAS, the Planning and Zoning Commission held work session discussions to review and discuss the proposed Downtown Overlay District amendments and Design Guidelines on February 22, March 8, and March 22, 2011; and WHEREAS, on April 26, 2011, the Planning and Zoning Commission voted 4 to 0 to recommended in favor of the proposed amendments and guidelines 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 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 ORDINANCE NO. 1375 PAGE 1 OF 3 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. Amok SECTION I: IN GENERAL 1. That the existing Apache Junction City Code, Volume II, Land Development Code, Chapter 1, Zoning Ordinance, is hereby amended. 2. That certain document known as "CASE AM-1-11• AMENDMENTS TO THE APACHE JUNCTION CITY CODE, VOLUME II, LAND DEVELOPMENT CODE, CHAPTER 1, ZONING ORDINANCE, PERTAINING TO THE DOWNTOWN OVERLAY DISTRICT", 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. 11-21 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 coil etent 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. 1375 PAGE 2 OF 3 ATTEST. KATHLFEN CONNELLY City Clerk imibk APPROVED AS TO FORM: RICHARD JOEL STERN City Attorney Antbk ORDINANCE NO. 1375 PAGE 3 OF 3 CASE AM-1-11. AMENDMENTS TO THE APACHE JUNCTION CITY CODE, VOLLME II, LAND DEVELOPMENT CODE, CHAPTER 1, ZONING ORDINANCE, PERTAINING TO THE DOWNTOWN OVERLAY DISTRICT' The Apache Junction City Code, Volume II, Land Development Code, Chapter 1, Zoning Ordinance, shall be amended with the addition of a new article titled, Article 1-26 Downtown Overlay District, to read as follows : CASE AM-1-11: AMENDMENTS TO THE APACHE JUNCTION CITY CODE, VOLUME II, LAND DEVELOPMENT CODE, CHAPTER 1, ZONING ORDINANCE, PERTAINING TO THE DOWNTOWN OVERLAY DISTRICT: ,,.. The Apache Junction City Code, Volume II, Land Development Code, Chapter 1, Zoning Ordinance, shall be amended with the addition of a new article titled, Article 1-26 Downtown Overlay District, to read as follows ARTICLE 1-26: DOD DOWNTOWN OVERLAY DISTRICT § 1-26-1 GENERAL INTENT AND PURPOSE (A) Under state law (A R S § 9-462 01-D), municipalities may adopt overlay zoning districts and regulations applicable to buildings, structures and land within individual zones. An overlay zoning district is a special zoning district that includes regulations which modify regulations in another zoning district with which the overlay district is combined. (B) The purpose of the Downtown Overlay District ("DOD") is to encourage infill development, redevelopment, and re-investment in areas with existing infrastructure investments as a means of achieving balanced growth, efficient land use and cost- effective delivery of public services The provisions of this district recognize the economic challenges inherent in developing successful infill properties and provide an alternative zoning option to promote private re-investment within the downtown area The specific objectives of the Downtown Overlay District are. (1) Provide development regulations and design standards that will set the downtown area apart from other commercial areas within the city, consistent with the vision expressed in the 2010 General Plan and the 2010 Downtown Redevelopment and Implementation Strategy Plan; (2) Accommodate growth within the downtown area by encouraging and facilitating new development on vacant, bypassed and underutilized land within areas that already have infrastructure, utilities, and public facilities, (3) Allow and encourage a mixed-use pattern of development in the downtown area, (4) Provide development standards and incentives that stimulate infill and redevelopment within the downtown area; [8-2-11 public hearing version] Page 1 (5) Create a compact mixture of land uses, including shops, workplaces, civic buildings, entertainment uses, and residences that satisfy market demand within the downtown area; (6) Provide an environment that promotes safe pedestrian access and connections between developments, more pedestrian-scale amenities and an identifiable downtown core area, (7) Create the opportunity to improve the quality of development and retail services within the downtown area, (8) Create the opportunity to enhance property values and increase economic and financial benefits to the city, business owners and property owners, (9) Provide clear, understandable, predictable and consistent development standards that promote compatibility between existing and future development, (10) Encourage development of needed housing in close proximity to downtown employment and services, (11) Promote downtown preservation and enhancement through redevelopment of blighted, distressed and underutilized properties, (12) Encourage the development of flexible space for small and emerging businesses, (13) Facilitate development proposals that are responsive to current and future market conditions § 1-26-2 DEFINITIONS (A) Infill Development of vacant, underdeveloped or remnant lands passed over by previous development in urban areas. (B) Downtown Overlay District Design Guidelines. The design guidelines approved by the Apache Junction City Council through resolution (C) Redevelopment. The act or process of renewing, restoring, and/or renovating pre- existing buildings, structures and/or property in the city. (D) Substantial Improvement Any new construction on a vacant lot Additionally, any reconstruction, rehabilitation, addition, or other improvement of a structure that exceeds 50 percent of the existing structure's market value, or exceeds 50 percent of [8-2-11 public hearing version] Page 2 41.11k _ the existing structure's floor area The term "substantial improvement" does not include the following• (1) Improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to ensure safe living and/or working conditions; or (2) Costs of alterations or improvements whose express purpose is the mitigation of future stormwater damage § 1-26-3 DOWNTOWN OVERLAY ZONES (A) The Downtown Overlay District is comprised of three zones as shown on Figure 26-1 These three zones differ in the mix of uses, development character and development intensity. Each zone has a unique focus and role within the Downtown Overlay District Together the three zones are intended to create a diverse and vibrant business, commercial and residential district within the heart of Apache Junction. The three zones are described as follows: (1) Suburban Zone This zone may be described as a typical suburban retail strip that is dominated by national retail brands. The development pattern reflects corporate architecture, automobile orientation, and deep building setbacks with parking areas typically located between the building and road The overlay zoning and design guidelines for this zone are intended to essentially maintain and continue the character of development and redevelopment that has occurred in the recent past. (2) Transition Zone This zone may be described as a mixture of older strip commercial uses including hotels, restaurants, specialty retail, car sales, and gas stations. The properties tend to be smaller in size, and many of the buildings reflect maintenance and structural decline. The overlay zoning for this zone is intended to provide reasonable flexibility to promote and encourage development and redevelopment Additionally, the overlay zoning for this zone promotes sign and building design standards that reflect a western character in accordance with the 2010 Downtown Redevelopment and Implementation Strategy Plan. (3) Core Downtown Zone This zone may be described as the central core of the city with a mixture of old and new developed properties, vacant land and civic uses The base zoning district for much of this zone (i.e., City Center District) reflects a decidedly more urban pattern of mixed land use, building height and intensity The overlay zoning and [8-2-11 public hearing version] Page 3 design standards for this zone are intended to maintain and continue the base zoning's urban theme and promote a mixed-use pattern of land use. Figure 26-1: Downtown Overlay Zones „ • • gal: 0 a r Core r-e :owntown Suburban Zone Zone • 7 imp I ' . . • " - i.. - � 1 .. i § 1-26-4 APPLICATION (A) Compliance With Base Zoning District Standards. Downtown properties that are zoned with both a base zoning district (e g, CB-1, CB-2, CCD, C-2/PD, C-3/PD, C-4/PD, CI-1/PD, GR and TR) and the Downtown Overlay Zoning District may continue to develop, redevelop, and operate in accordance with the base district zoning standards. If, however, a proposed structural improvement is deemed by city staff to be a substantial improvement, the proposed structure and site shall comply with the Downtown Overlay District Design Guidelines (excludes established single-family residential properties with residential base zoning). (B) Compliance With Downtown Overlay District Standards. If the property owner chooses to follow and use the more flexible Downtown Overlay District standards rather than the base district standards, the owner/applicant shall submit the appropriate Downtown Overlay District application, execute and record the Proposition 207 Claim [8-2-11 public hearing version] Page 4 /Mk IOW Waiver/Indemnification/Acknowledgement form, and comply with the Downtown Overlay District zoning standards. Additionally, if a proposed structural improvement is deemed by city staff to be a substantial improvement, the proposed structure and site shall comply with the Downtown Overlay District Design Guidelines. (C) Shared Benefits All property that is zoned Downtown Overlay District shall be allowed to take advantage of the following streamlined processes even if the property owner does not choose to legally apply for the Downtown Overlay District standards discussed above in Section 1-26-4-B (1) Optional Preliminary Development Plan ("PDR") Review. The property owner may choose to skip, at their risk, the PDR process outlined in Article 1-25 of the City of Apache Junction Land Development Code. (2) Administrative Approval of Temporary Uses. Temporary uses are subject to administrative approvals as identified in Section 1-26-6 of the City of Apache Junction Land Development Code. (D) PD Zoned Property. Properties that are zoned Planned Development District (PD) are governed by the terms of the PD zoning ordinance rather than the requirements of the base zoning district or Downtown Overlay District Accordingly, any proposed changes to a PD zoned site shall require an appropriate PD amendment. § 1-26-5 USE REQUIREMENTS IN THE DOWNTOWN OVERLAY ZONES (A) Allowed Uses Business uses allowed by right within the Downtown Overlay Zones are reflected in Table 26-1. Since it is difficult and cumbersome to attempt a complete listing of allowed uses, Table 26-1 refers to the 2007 North American Industry Classification System ("NAICS") as the basis for identifying uses The North American Industry Classification System is the standard used by federal statistical agencies in classifying business establishments for the purpose of collecting, analyzing, and publishing statistical data related to the U S. business economy Residential uses allowed by right within the Downtown Overlay Zones shall be limited to stand-alone multiple-family residential buildings (i.e., 4+ dwelling units per building), or any number of residential units constructed above the first floor commercial space. (B) Prohibited Uses (1) The following uses are expressly prohibited. (a) Stand-alone single-family residential homes (i e , 1 dwelling unit per building/structure). [8-2-11 public hearing version] Page 5 (b) Stand-alone plex residential uses (i e , 2 to 3 dwelling units per building/structure) (c) Recreational vehicles used as a dwelling (d) Recreational vehicle parks and campgrounds (excepting grandfathered properties) (2) Business uses that are not included in Table 26-1, or expressly prohibited above, are considered prohibited unless the Development Services Director or designee determines that the traffic generation, parking demand, noise impact and odor impact of the use falls within the range of expected impacts generated by the permitted uses allowed within the overlay zone, and that the character of the use is related to one of the categories of uses listed in Table 26-1 (C) Conditional Uses The following uses are classified as conditional uses and subject to approval in accordance with the conditional use permit process: (1) Medical Marijuana Uses (2) Ancillary Manufacturing Uses between 50% and 75% of existing building floor area. (3)Airplane Sales and Service (4) Boat sales and service (5) Recreational vehicle sales and service (6) Manufactured home sales/display (D) Ancillary Manufacturing Uses An ancillary use is a subsidiary or secondary use or operation connected to the main use of a building or piece of land. Ancillary manufacturing uses (i e , NAICS code 31-33) shall only be allowed in the downtown overlay district if incidental and subordinate to the primary retail, office, public or quasi/public use, provided that not more than 50%, up to a maximum of 1,500 square ,.. feet, of the floor area of the business is engaged in these activities. No visible outside storage of manufacturing vehicles, equipment and inventory shall be allowed for ancillary uses Ancillary uses proposed to be between 50% and 75% of the total floor area may be approved as a conditional use permit by the Planning and Zoning Commission [8-2-11 public hearing version] Page 6 4111116. IN I.. Table 26-1: Business Uses Allowed in Downtown Overlay District NAICS Business Category NAICS Code Retail 44—45 Transportation 4851, 4853,487, 491 and 492 Information 51 ,.... Finance and Insurance 52 Real Estate/Rental/Leasing 53 Professional/Technical 54 Management 55 Administrative and Support 561 Education 61 Health Care/Social Service 62 Arts/Entertainment/Recreation 71 Accommodation and Food Service 72 Other Services 81 Public Administration 92 § 1-26-6 TEMPORARY USES (A) For zoning purposes, a temporary use is established for a fixed period of time and shall not involve the construction or alteration of any permanent building or structure. A temporary structure is a feature, device, container or vehicle without a permanent foundation or footing and which is removed when the designated time period, activity, or use for which temporary structure was erected has ceased (B) Table 26-2 lists temporary uses that may be allowed subject to approval by the Development Services Director or designee. Table 26-3 illustrates temporary uses that .••. are allowed without prior city approval (C) The following conditions and standards shall apply to temporary uses and/or structures (1) No temporary use signs shall be allowed in the public right-of-way. (2) No unusual risk of injury to persons, no damage to public or private property, and no detriment to surrounding properties shall occur. (3) No adverse noise impact, no public or private disturbances, no nuisances shall occur (4) No unsafe impediments, distractions, or congestion to vehicular or pedestrian movement shall be allowed [8-2-11 public hearing version] Page 7 (5) Proper security and trash removal shall be provided by the operator (6) No permanent alterations to the affected site shall be allowed (7) No encroachment of a temporary use into established landscaped areas of developed sites shall be allowed. (8) Sufficient space for the temporary use and associated off-street parking and circulation is required. (9) Temporary use signage shall not exceed 50 square feet (combined total) in size and 10 feet in height. (10) Unless otherwise specified by staff, hours of operation shall be limited from 8 a m to 10 p m (11) Approval of all applicable permits and licenses prior to operation shall be required. (12) The site shall be returned to its original condition within 48 hours of its discontinuance (13) A Performance bond for public infrastructure damage and repair resulting from the temporary use may be required by the Public Works Department in accordance with Chapter 10 of the Apache Junction Land Development Code. (14) Location of parking and temporary equipment/structures, and the appearance of temporary signs and structures, shall be approved by Development Services Department staff prior to the temporary use being located on the property. ,•. (15) Temporary sanitary facilities (i.e., porta-johns) may be allowed subject to staff approved locations. [8-2-11 public hearing version] Page 8 Ian Table 26-2:Temporary Uses and Structures Requiring Prior Administrative Approval Temporary Use or Structure Maximum Time Frame Location Temporary Office Facilities (I e,To 1 year(renewable by staff for Developed or support existing or developing business use) additional year upon a finding developing site of need) Construction-Related Activities (i e, 1 year(renewable by staff for Developed or Construction trailers, modular units and additional year upon a finding developing site parking to support construction and land of need) development projects) Community Events (Applies to events 4 consecutive days per Developed or vacant conducted,organized and sponsored by specific event per site non-profit organizations See Volume I, calendar year Chapter 8 of the Apache Junction City Code) Private Events (Applies to events 4 consecutive days per Developed or vacant conducted,organized and sponsored by for- specific event per site profit organizations/businesses.See calendar year Volume I,Chapter 8 of the Apache Junction City Code) Seasonal Holiday Sales for Christmas 30 days per holiday per Developed or vacant (i e,trees&wreaths), Halloween (i.e., location site pumpkins&gourds) and 4th of July (i e, fireworks) Farmers Market, Fruit & Produce 3 days per week per Developed or vacant Stands (Excludes flea markets and swap location site meets) Flea Markets and Swap Meets (see 3 days per week per Developed site Volume I,Chapter 8 of the Apache Junction location City Code) Vendors Using Carts, Booths or 3 days per week per Developed site Kiosks (excludes food and beverage sales) location Food/Beverage Cart or Concession 7 consecutive days per Developed site Trailer (See Volume I,Chapter 8 of the location Apache Junction City Code) Car Tent Sales (0 e,Applies only to city 7 consecutive days, 4 Developed site approved new and/or used car sites) occurrences per year Classic Car Shows 3 days per week per Developed site location Grand Openings (See Volume I,Chapter 14 consecutive days Developed site 8 of the Apache Junction City Code) Art Display and/or Sales 7 days per week. Developed or vacant site [8-2-11 public hearing version] Page 9 Notes: 1 City council approved special events conducted, organized and sponsored by non-profit organizations do not require Development Services Department approval 2. In addition to approval from the Zoning Administrator,temporary uses listed in Table 26-2 may require approval of the Building Official, Fire Marshall and/or Police Department,and license approvals from the City Clerk's office 3. Approval of temporary uses not listed in Table 26-2 are subject to conditional use permit or temporary use permit approval as otherwise provided in Chapter 1 (Zoning Code)of the City of Apache Junction Land Development Code Table 26-3:Temporary Uses or Structures Not Requiring Prior Approval Temporary Use or Structure Maximum Time Frame Temporary Vehicle Washes by Civic and 2 consecutive days per use No more than 4 Nonprofit Organizations, or by Middle occurrences per parcel per year. and Secondary School Groups Sidewalk Sales Civic and Nonprofit 4 days per calendar year per occurrence No Organizations more than 4 occurrences per parcel per year. § 1-26-7 DEVELOPMENT STANDARDS APPLICABLE TO DOWNTOWN OVERLAY DISTRICT (A) The development standards set forth in the downtown overlay district are intended to provide site design flexibility and a mix of uses The standards listed in Table 26-4 intend to regulate building placement, height, floor area ratio, lot coverage, residential density, setbacks, parking and lot frontage requirements for each of the three overlay zones Table 26-4:Zoning Standards for Downtown Overlay District Suburban Transition Core Downtown Zoning Standards Overlay Zone Overlay Zone Overlay Zone Max Residential Density 1 30 du/ac 30 du/ac 50 du/ac MaxFAR2 15 20 30 Min Lot Size (business use) 3 None None None Min Lot Size (residential use) 3 5,000 sq ft 5,000 sq ft None Min Lot Width 50 ft Oft Oft Min Bldg Front Setback 4 0 ft 0 ft 0 ft/None Min Bldg Side Setback 5 ft 5 ft 5 ft [8-2-11 public hearing version] Page 10 Min Bldg Rear Setback 5 5 5 Max Heights 35 ft 45 ft 75 ft Min Front Parking Setback 6 10 ft 10 ft 20 ft Min Side or Rear Parking Setback6 3 ft 3 ft 3 ft 1 Residential density shall be based on the total number of dwelling units per net acre of land Net acreage excludes federally patented easements and public right-of-way. 2 FAR (floor area ratio) is the ratio of the total floor area of buildings of a certain location to the size of the land at that location (i e , total building floor area square footage/net lot area square footage). Floor area ratio shall apply to non-residential development. Residential development intensity shall be based on residential density standards. Mixed use development shall allow a combination of the maximum FAR for non-residential development and the maximum density for residential development. s There is no minimum lot size requirements for property being used exclusively for businesses or work/live units There is a minimum lot size requirement for property being used for exclusive or mixed use residential activity in the Suburban and Transition Zones a There is no minimum front building setback in all three zones within the Downtown Overlay District s Building height shall be measured from existing average grade directly in front of the building to the highest point of the building 6 The minimum 10 foot front parking setback is intended to promote parking areas located to the side or rear of the buildings. The 3 foot side and rear parking setback may be waived by the Development Services Director or designee if located adjacent to shared parking on adjoining lots. § 1-26-8 OUTSIDE USE AND DISPLAY STANDARDS (A) The Downtown Overlay District allows outdoor use and display that is intended to enhance the pedestrian environment through the creative use of outdoor spaces by providing businesses the opportunity to display a sample of their products and to sell food and beverages in a manner that enhances the public realm by creating an interesting and comfortable shopping and dining experience. Outdoor display of merchandise allows retailers an opportunity to inform and interest the public by offering a small sample of the products that are available inside. Outdoor display can also be appropriate for small retail products that are meant to be used outside, such as garden ornaments, windsocks, and pool toys [8-2-11 public hearing version] Page 11 (B) Restaurants are encouraged to provide outdoor dining subject to compliance with appropriate licensing requirements. (C) There shall not be visible outdoor storage of business inventory, inoperable and/or unlicensed vehicles, automobile parts; loose rubbish, garbage, junk, or building materials on the lot Building materials for use on the same premises may be stored on the parcel during the time that a valid building permit is in effect for construction § 1-26-9 PARKING STANDARDS (A) On-site parking for the Downtown Overlay District shall comply with Table 26-5 and the standards identified below (1) Residential parking for mixed-use and live-work units may be designed and used as tandem parking. Tandem parking is not allowed, however, for guest parking or common parking areas (2) Parking areas shall be located at the rear or at the side of buildings wherever feasible. (3) Parking lot layout, landscaping, screening and lighting should be designed to avoid glare, noise, or exhaust fumes onto adjacent residential properties wherever feasible (4) Parking lot layout shall take into consideration pedestrian circulation Walkways shall conform to requirements of the American with Disabilities Act (ADA). (5) Off-street loading and deliveries shall be conducted on-site. This requirement .•. may be waived by the Development Services Director or designee if the property size or configuration cannot reasonably accommodate off-street loading or deliveries (6) Cross access easements between adjacent commercial properties shall be required as a condition of development or redevelopment approval wherever feasible and practical Property owners shall prepare and record a Development Services Department approved irrevocable offer of cross-access to the adjacent parcel and must design and build the parking lot to accommodate existing or future cross-access This requirement may be waived by the Development Services Director or designee if the adjacent properties cannot physically or spatially accommodate cross access. [8-2-11 public hearing version] Page 12 When adjacent property owners seek development or redevelopment approval, they shall also be required to reciprocate with a similar cross-access agreement(s) and then must install the physical access easement connection. (7) Individual property owners shall control all rights to the use of their own parking spaces, but may choose to allow shared use of these spaces in accordance with reciprocal arrangements with other parties ,.•. (B) Parking plans that do not comply with the Downtown Overlay District's parking standards may be evaluated and approved by the Development Services Director or designee in accordance with the following (1) Technical evidence that the proposed use(s) generate a parking demand that is less than the required parking standard and that the resulting reduced number of parking stalls can be properly accommodated on-site, and/or (2) Documentation that all or a portion of the required parking can be accommodated with off-site shared parking that is available within 100 feet of the property, and/or (3) Determination that all or a portion of the required parking can be accommodated with existing public parking that is available within % mile of the property Table 26-5: Parking Standards for Downtown Overlay District Uses Minimum Number of Required Spaces Residential Uses 1 Bedroom Units 1 spaces per dwelling unit 0•` 2+ Bedroom Units 2 spaces per dwelling unit Guest Spaces 0.5 spaces per dwelling unit Senior Housing Based on individual need Commercial Uses Retail and Office Uses 1 space per 300 sq ft of gross floor area Personal and Business Services 1 space per 300 sq ft of gross floor area Hotels/Motels 1 space per guest room + 1 space per 120 sq ft of gross floor area for banquet, assembly, or restaurant seating area. Restaurants & Bars (including patio areas) 1 space per 120 sq ft of gross floor area Medical and Dental Offices and Clinics 1 space per 240 sq ft of gross floor area Health Clubs 1 space per 200 sq ft of gross floor area [8-2-11 public hearing version] Page 13 Misc. Uses Other Uses Not Listed Determined by the Development Services Director and may require applicant submittal of a supporting parking study § 1-26-10 LANDSCAPING STANDARDS (A) Property located within the Suburban Zone, and portions of the Core Downtown Zone that are not zoned as City Center District ("CCD"), shall comply with the landscape standards provided in Chapter 6 of the Land Development Code Property located within the Transition Zone and property zoned as City Center District shall comply with the following landscape standards: (1) Business zoned properties adjacent to residentially zoned lots/parcels are encouraged to provide a landscape buffer/screen wall between their business site and the residential site (2) A landscape buffer between the parking lot area and public road right-of-way is encouraged (3) Properties with greater than 50 parking stalls shall be required to install 1 tree for every 10 parking stalls to reduce the heat island effect. Trees shall meet a minimum trunk height of 6 feet and a 1 5 inch minimum caliper measured 4 feet above the ground, and be placed within or immediately adjacent to the parking area. Each off-street parking space shall be within 40 feet of a tree, measured from the tree trunk to the outer perimeter of the parking space IM. (4) All trees and plant material shall be compatible with the desert environment, be water-efficient landscaping and shall conform to the current recommended plant listing of the Arizona Department of Water Resources, or alternative materials that are drought-resistant (5) Required landscaping shall be installed prior to the issuance of a certificate of occupancy or final inspection, as applicable. A site inspection must be conducted by the Planning Division to verify proper installation It is the owner's (or owner's representative's) responsibility to arrange an inspection appointment with the Planning Division A surety bond, cash deposit or assured letter of credit in an amount to guarantee the installation of the landscaping within 6 months from the date of issuance of the certificate of occupancy or final inspection may be permitted by the Development Services Director or designee in lieu of immediate installation of plant materials The allowable installation period will [8-2-11 public hearing version] Page 14 r not be extended more than 6 months from the date of the certificate of occupancy or final inspection (6) All landscaping shall be reasonably maintained and any dead plant material shall be replaced by the property owner within 30 days. Maintenance shall include but not be limited to removal of debris, pruning, trimming, watering or other requirements to create an attractive appearance for the development Maintenance must ensure that pedestrian and vehicular traffic will not be obstructed by any of the vegetation. (7) The requirement for undergrounding of overhead wires and equipment shall comply with the Land Development Code, Chapter 6, Article 6-1-6 (D). (8) Landscape planters, pots and/or flower boxes shall be required between the building and the road right-of-way(s), along walkways, and within parking areas, as approved by the Development Services Director or designee. The landscape planters, and/or flower boxes shall be appropriately sized and accommodate a minimum of two 5 gallon shrubs per 20 feet of property frontage. § 1-26-11 MIXED USE DEVELOPMENT STANDARDS (A) Mixed-use development shall be allowed in the Downtown Overlay District Mixed-use combines residential use(s) with non-residential use(s). These uses may be mixed vertically, for example by building apartments above ground-floor commercial space, or horizontally, by building townhomes or apartments adjacent to commercial space. The maximum intensity of a mixed-use development shall not exceed the combined maximum FAR for non-residential development and the maximum density for residential development(see Table 26-4). Mixed-use developments shall comply with the zoning and design standards provided for in the Downtown Overlay District regulations. Mixed-use development is intended to promote the following (1) Office, storefront retail, restaurant and entertainment that integrates with various residential components in order to create a downtown where people live, work, and entertain (2) Developments that create a pedestrian environment and promote pedestrian activities that balance day and night uses. [8-2-11 public hearing version] Page 15 (3) Innovative integration of compatible uses through the conversion of existing buildings and the development of new buildings in a manner that fosters sensitive and sustainable site design and architectural style. § 1-26-12 LIVE-WORK UNIT STANDARDS (A) Live-work units are a unique type of mixed-use development that combines residential living space and commercial or office space within one structure for a single owner/operator. Live-work uses enable the city to adapt to changes in the economy and meet the needs of special groups such as artists or new businesses that need smaller, affordable work and housing space. (B) Live-Work units are allowed in all downtown overlay zones subject to the following standards• (1) Live-work premises shall only be used by people who live and work on the premises. Living and working spaces shall not be rented or sold separately. (2) Live-work units and buildings must comply with life/safety requirements administered and enforced by the Development Services, Police and Public Works Departments intended to protect the public health, safety, and welfare. (3) The minimum total floor area of a live-work space shall be 750 square feet within each unit. All floor area other than that reserved for living space shall be reserved and regularly used for working, sales and display space (4)The living space within the live-work unit shall be contiguous with and an integral part of the working space, with direct access between the two areas, and not as a separate stand-alone dwelling unit. The residential component shall not have a separate street address from the business component (5) Where more than one live-work unit is proposed within a single structure, each live-work unit shall be separated from other live-work units and other uses in the structure Access to each unit shall be provided from common access areas and corridors. (6) Live-work units shall comply with building code requirements § 1-26-13 CIVIL ENGINEERING STANDARDS (A) Except as otherwise stated below, development or redevelopment being planned and processed in accordance with the Downtown Overlay District standards shall comply [8-2-11 public hearing version] Page 16 _ p with the Engineering Design Guidelines and Policies Manual (see Land Development Code, Volume II, Chapter 10)• (1) The Development Services Engineer or designee shall review and approve all site plan applications for best access management practice. Due to the unique nature of established development sites along Apache Trail and the need for site design flexibility for redevelopment, the Development Services Engineer may vary the required access management standards identified within the Engineering Design Guidelines and Policies Manual if determined that the development or redevelopment site can safely manage ingress and egress. (2) Stormwater management and retention requirements identified in the Engineering Design Guidelines and Policies Manual shall not be required unless there is an increase in the amount of impervious surface area as a result of the proposed redevelopment, development, or expansion The City Engineering Design Guidelines and Policies Manual standard for stormwater management in this area of the city is to retain 110% of the stormwater which falls within the development from a 10-year storm of 24-hour duration for new developments New developments on vacant land within the Downtown Overlay District shall adhere to this stormwater management standard Redevelopment, expansion, replacement and renovation projects within the Downtown Overlay District shall comply with this standard for any net increase of impervious surface area that is in excess of the existing site's impervious surface area (3) All developments, redevelopment, or expansion impacted by the Special Flood Hazard Areas inundated by 100-Year flood shall comply with the federal/state guidelines and requirements, and the City Engineering Design Guidelines and Policies Manual for stormwater management. All developments shall comply with the requirements of the National Pollutant Discharge Elimination System (NPDES), the Arizona Pollutant Discharge Elimination System (AZPDES), and the Stormwater Pollution Prevention measures. § 1-26-14 DOWNTOWN OVERLAY DISTRICT DESIGN GUIDELINES (A) Substantial improvements within the Downtown Overlay District shall comply with the Downtown Overlay District Design Guidelines. § 1-26-15 SIGN STANDARDS (A) Sign standards for the Downtown Overlay District shall comply with the standard zoning code sign regulations provided in the Land Development Code, Chapter 1, Article 1-21, except as follows [8-2-11 public hearing version] Page 17 (1) City Center District ("CCD") zoned properties shall comply with the CCD sign standards provided in Chapter 1, Article 1-16-7-1-(F) of the City of Apache Junction Land Development Code (2) A sign located within the Transition Overlay Zone shall not hereafter be erected, re-erected, constructed, or substantially altered except in conformance with the Old West sign character as specified and illustrated in the Downtown Overlay District Design Guidelines Substantial alteration shall be defined as any change in the sign or sign structure exceeding 50% of the existing sign value, according to the appraisal thereof by competent appraisers. Reasonable maintenance and repairs shall not be considered as a substantial alteration (3) If the property owner/applicant is proposing a substantial improvement to their existing building located within the Transition Zone, proposed and/or existing signage shall comply with the Old West sign character as specified in the Downtown Overlay District Design Guidelines § 1-26-16 EXTERIOR LIGHTING STANDARDS (A) Exterior lighting shall comply with the outdoor light control regulations provided in the City's Land Development Code, Chapter 1, Article 1-23 § 1-26-17 REBUILDING DAMAGED OR DESTROYED BUILDINGS (A) In cases of fire or natural disaster, a structure in the Downtown Overlay District that was damaged or destroyed may be rebuilt upon the same lot provided that the new structure complies with the building code(s) and conforms to either the base commercial zoning district regulations or Downtown Overlay District regulations § 1-26-18 BUILDING AND SITE RENOVATION, ENLARGEMENT, REPLACEMENT, OR REPAIR (A) Renovation, expansion, enlargement, replacement or repair of existing buildings that are deemed by staff to be substantial improvements shall comply with the Downtown Overlay District Design Guidelines. (B)Any alterations, repairs or rehabilitation work necessitated by a governmental or public agency, public utility, or private utility shall not be subject to the Downtown Overlay District standards [8-2-11 public hearing version] Page 18 (C) All renovation, expansion, enlargement, replacement, or repair of existing structures shall comply with the local building code(s). § 1-26-19 INCENTIVES (A) In addition to the modified zoning standards provided in the Downtown Overlay District, development and redevelopment within the Downtown Overlay District may take advantage of the incentives provided in the Downtown Infill Incentive District plan as approved by the City Council through Resolution No 04-25, or subsequent amendment. § 1-26-20 OPTIONAL PRELIMINARY DEVELOPMENT PLAN ("PDR") REVIEW. (A) The property owner may choose to skip, at their risk, the PDR process outlined in Article 1-25 of the City of Apache Junction Land Development Code § 1-26-21 FEES (A) Administrative fees associated with plan review and approval of development or redevelopment projects in the Downtown Overlay Districts shall be subject to Apache Junction City Code, Volume I, Chapter 4. p [8-2-11 public hearing version] Page 19 ROLL CALL VOTE / NOTES: )//5' 1 b\.,, ,...„ � ITEM # MEETING OF 446.)) /// 4r MOTION BY \''._•. SECONDED BY: YES NO ABSTAINED COUNCILMEMBER SERDY VII VICE MAYOR DIETZ COUNCILMEMBER SMITHSON IV / COUNCILMEMBER WILSON / COUNCILMEMBER COLEMAN COUNCILMEMBER BARKER MAYOR INSALACO jj UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL \./ AnIlk ROLL CALL VOTE l ( y NOTES: l'.31(1(.) ‘4 C' .1 V(11 l` ITEM# q) c MEETING OF .\?\ MOTION BY: VAAls1 SECONDED BY: ci,(11 YES NO ABSTAINED COUNCILMEMBER BARKER ,..1 COUNCILMEMBER WILSON COUNCILMEMBER SMITHSON VICE MAYOR DIETZ y - COUNCILMEMBER SERDY MAYOR INSALACO UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL ITEM NO. 8 I MOVE THAT ORDINANCE NO 1375 BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. (Call upon the city clerk to read Ordinance No 1375 by title only. Majority vote required.) I MOVE THAT ORDINANCE NO. 1375, AS READ BY THE CITY CLERK, (BE APPROVED AND ADOPTED) OR(BE DENIED) I MOVE THAT ORDINANCE NO. 1375, AS READ BY THE CITY CLERK, BE APPROVED AND ADOPTED WITH THE FOLLOWING AMENDMENTS• PUBLIC HEARING 1. For PROPOSED RESOLUTION NO. 11-22,ADOPTING THE DOWNTOWN OVERLAY DISTRICT DESIGN GUIDELINES 2. Will DEVELOPMENT SERVICES DIRECTOR BRAD STEINKE 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. LL •kCti l .w_ } City olApache Junction z Horne of the Superstition Alouirta ,ls 41Rrzar0' d Print II MI\ TO: City Manager's Office FROM: Brad Steinke, Director of Development Services DATE. August 2, 2011 Agenda Type : Regular Agenda Council Priority Focus Area' Community Development TITLE OF AGENDA ITEM: PROPOSED RESOLUTION 11-22, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, ADOPTING THE "APACHE JUNCTION DOWNTOWN OVERLAY DISTRICT DESIGN GUIDELINES". ACTION REQUESTED: Recommendation for Approval DISCUSSION / BACKGROUND INFORMATION: Approval of Resolution 11-22 will establish design guidelines for future development and redevelopment within the downtown area The Planning and Zoning Commission recommended approval of these design guidelines at their April 26, 2011 meeting. FISCAL IMPACT Budgetary Approval Not Required OPTIONS/ALTERNATIVES: Zoning Ordinance Requirement RECOMMENDATION: Recommend approval. ATTACHMENTS: Click to download U Cover Memo U Resolution U Exhibit A Ci ppCHfG U �° City of Apache Junction q, P Development Services Department To. Mayor and City Council From Brad Steinke, Director of Development Services .M. Date: July 20, 2011 RE Resolution 11-22: Adopting the Downtown Overlay District Design Guidelines On August 2nd, the council is scheduled for a public hearing and possible action on the proposed "Downtown Overlay District Design Guidelines". At the last work session, council members appeared agreeable to the final draft which is attached to this memo The design guidelines are proposed to apply to all downtown properties that are zoned with the Downtown Overlay Zoning District (DOD) designation. More specifically, any substantial improvement on a downtown property that is zoned DOD will be required to follow the design guidelines Substantial improvement is defined as follows: Substantial Improvement Any new construction on a vacant lot Additionally, any reconstruction, rehabilitation, addition, or other improvement of a structure that exceeds 50 percent of the existing structure's market value, or exceeds 50 percent of the existing structure's floor area The term "substantial improvement"does not include the following (1) Improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to ensure safe „.... living and/or working conditions, or (2) Costs of alterations or improvements whose express purpose is the mitigation of future stormwater damage Please keep in mind that these design guidelines will not become effective unless and until the city officially rezones the downtown property to DOD I anticipate starting that rezoning process with the Planning and Zoning Commission in August pending council approval of the DOD ordinance 1 RESOLUTION NO 11-22 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, ADOPTING THE "APACHE JUNCTION DOWNTOWN OVERLAY DISTRICT DESIGN GUIDELINES". WHEREAS, the "Town Hall 2002 Downtown Alive" event developed a community wide consensus of the need for design eiN guidelines within the downtown business redevelopment areas of Apache Junction; and WHEREAS, in 2004 the Apache Junction Main Street Program developed "Commercial Design Guidelines" and a "Design Dictionary", applicable city-wide, to guide new and emerging businesses in the community into developing with an innovative and flexible, but unifying western design theme; and WHEREAS, in 2009 and 2010 further study of the main Apache Trail business core was conducted in the community with the help of a redevelopment consultant, resulting in the drafting and adoption by the City Council of the "Downtown Redevelopment and Implementation Strategy"; and WHEREAS, the "Downtown Redevelopment and Implementation Strategy" called for the creation of a "Downtown Overlay District" and "Downtown Overlay District Design Guidelines", specific to the Apache Trail core area; and WHEREAS, said "Downtown Overlay District Design Guidelines" further identify and address three distinct Apache Trail core redevelopment areas, known as the Suburban Zone, Transition Zone and Downtown Core Zone, each with its own special characteris- tics and challenges; and WHEREAS, pursuant to the approval of Ordinance No. 1375, the City Council has now adopted and added to the city' s Zoning Ordinance a new article titled, "Article 1-26: Downtown Overlay District"; and WHEREAS, the City Council now desires to adopt the Design Guidelines to further implement the "Downtown Redevelopment and Implementation Strategy" and support the Downtown Overlay District; and RESOLUTION NO 11-22 PAGE 1 OF 2 AsElk WHEREAS, the new City of Apache Junction 2010 General Plan, approved and ratified by the voters of the City in March 2011, calls for goals, objectives and strategies to promote, encour- age, assist and facilitate the development and redevelopment of the city' s downtown core business areas NOW, THEREFORE, BE IT RESOLVED that the Mayor and City Council of the City of Apache Junction, Arizona, hereby adopts by reference the "Downtown Overlay District Design Guidelines" as attached in Exhibit "A" . 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 ATTEST. KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM• RICHARD JOEL STERN City Attorney RESOLUTION NO. 11-22 PAGE 2 OF 2 Exhibit A Downtown Overlay District Design Guidelines PURPOSE Apache Junction is a community with unique western character. Although this western character is valued by the community, increasing development pressure for standardized and corporate-driven design solutions threaten the very essence of what makes Apache Junction an interesting and unique place. The Downtown Overlay District Design Guidelines ("Guidelines") outline the city's expectations regarding future development, renovation, and redevelopment within the downtown area illustrated in Figure 1. These Guidelines are designed to promote a balance between the community's desire for appropriate development aesthetics and the economic viability of the respective development The Guidelines are intended to assist residents, property owners, business owners, builders, developers, decision makers, and staff with planning downtown development and redevelopment proposals. These Guidelines are based on the Downtown Redevelopment and Implementation Strategy adopted by the city council in 2010. /M► 11 fill �,� ;1. .e.t } { Jn 4 � *i' at. l wr liwii, � cr ti Suburban F 3 ? ;_ Zone t - ..t."'-74.: .:70.'-*.;,4, .„..:(''''::-1:7-4:4,, '4.r.p..7.:,:ti:-'11 it ' I 14,,,,,,:.,,,,.;tA:kft:01::),:ill."'• 4--,-1-.',/ Y S t. Y- p.. Y?+ t P,.w iiii4 ,;A: ',..$%. - ":4-4,..1 :i-la: c.,4 I-,4. .,,-.1.9ffga 141, ,...,,,, , .9 A. <:Yf'd.L^ ``'"#^++ -...lu."a"k.':'E �4 i �. ....',t:..+1SM'f+ L=�'-` -- c.-„,..,lit , . -,i.... . ,•ria-v4)---1 „,..,.. .,"-, .. -4 e-b,3,.1*, giol,":',‹ i'-';',4'• '' . ,‘....-r, eiaF _• Figure 1 [7-1-11 version] Page 1 APPLICATION The Guidelines are divided up into three distinct design zones, the Suburban Zone, Transition Zone, and Core Downtown Zone as illustrated on Figure 1. Each zone reflects a unique character and design criteria When applied to the downtown overlay zones, these Guidelines replace and supersede the "City of Apache Junction Commercial Design Guidelines" previously adopted by the city council through Resolution No. 04-06 The Development Services Director or designee shall apply these design standards to substantial building and/or sign improvements being proposed in the downtown area. BASIC DESIGN PRINCIPLES The following principles highlight the most important concepts in making Downtown Apache Junction the community desired by its residents and businesses These principles are the foundation and reference point for the specific guidelines and design criteria developed for each of the three downtown zones 1. Design for the Human Scale Create a sense of neighborhood and community that is interesting, safe, walkable, comfortable, and attractive to businesses, shoppers, and tourists 2. Design Character: Provide design guidance to owners, architects, and designers that result in a unique and harmonious physical downtown area. The Guidelines reflect a southwestern architectural style for the Suburban Zone, an old west architectural style for the Transition Zone, and an urban contemporary southwestern style for the Core Downtown Zone. 3 Mixed Use• Design for a mix of residential and commercial land uses to vitalize the community and encourage people to live, work, recreate, and play within the downtown area 4 Property Values and Investment• Design for lasting value that protects property values and investments 5. Sensitivity to Individual Expression Recognize that while the design criterion establishes the city's desired architectural character for the downtown, the review process should encourage reasonable architectural expression of each individual business within the technical requirements of the twenty-first century The Guidelines were designed to be specific enough to provide direction and ensure quality development At the same time, they are flexible enough to foster creative design that meets individual business requirements and current methods of construction. [7-1-11 version] Page 2 The following images illustrate architectural terms and expressions that may be used throughout the Guidelines is rlii.4, 11= IV- cornice' a3� ._�_ F ...... i cotheig - Ea WUILIOw ttttt!rl .. mow. ,,, fit i' tl1ttlti jiaaic gzizt ..._ ... lik II i .,.;;;;;. r. window sill ,' �ffi misylboord ldar+ rio; II Ai1soul witiatriw `,'"i , E • • , 1 .yin^ ,_. display windc►w _---- �a t ;. � . ,,, i _,,.,, , - 1., - -- , , , ,-,1----- ,I z , oittutti ‘._,.. ,,, ,,,,,,,,,, ...1 . ..,..., ; _... , .. . , 1 , .. , ,.,, ats r€t r1;,0;lr xt nry 2 , i m e 4 z, tz...,, . reveal `. . Architectural Terms Well defined roof line f Cornice or root j { "-- 1 line _ J distinguishes NNE ' tarn. ' i HIM_, j' . 1"story from i l a 1'°story with glazed M �� i! 2 story "!"� !i- I ill' A.idtdisplay wmdov�s c ra.rrs ^' . c F• tr. _ -. • .M Q ice_ s �.�__ —` Building base lit- trIPO111- ,�'r `t If _' iiiWtu1 t_ expressed with w, 'lily I i 1 i ir /s masonry Awnings with accent L lighting and graphics Entry feature well distinguished and covered instead of applied signs from the weather [7-1-11 version] Page 3 0 1?..-4- I ' - - 1 l i 'f*:', r ,,..a M l t y' t 74 el...41 in j„,,,,0 .,.. , rt Cl" Ci aimogi ,„. 4 ., N 7 I 1 .'s $ =i A. Kick plates as base to building fronts B First floor display windows C. Recessed central entrance areas or angled entrances on corners D Transoms above entrance doors E Clerestory portions of display windows F. Sign bands G Parapet walls with caps or cornices H. Vertical window patterns, shapes, window sills on 2nd floor I Pilasters and decorative brick or stone WHY HAVE DESIGN GUIDELINES? An important purpose of the Guidelines is to inform the community and property owners about the city's desired design policies that will help create and sustain a unique downtown identity and character The Guidelines also provide city staff and decision makers with a basis for making consistent and informed design decisions [7-1-11 version] Page 4 a a I. SUBURBAN ZONE DESIGN GUIDELINES The Suburban Zone may be described as a typical suburban retail strip that is dominated by national retail brands The development pattern reflects corporate architecture, automobile orientation, and deep building setbacks with parking areas typically located between the building and road The overlay zoning and design standards for this zone are intended to essentially maintain and continue the character of development and redevelopment that has occurred in the recent past General Building Design Building design in this zone should generally reflect and maintain the southwest design character of recent developments such as Harley Davidson, Starbucks Coffee, and the Jack-in- the Box restaurant. While standard corporate branding will be accommodated, the branding design should be modified to incorporate and reflect the southwest design character as illustrated below in Figure 2. fi', 1 f=4 3 / Y titV go DRIVE - , ,: 'a.5THRU { t s `` x xA ..^,t;r1t...„, /,. F.. :p„,,..',,.. ; ,rv,‘,,,.1.,,,.$•..( ,..1.;*,, r:',7,..'. . , fN f 4 s /J f y, .A f•. f ° Y `rx° e ^i^4"}-`s; .}{y. *Vp141 '- *'t .'t. 7•, t'r't:,r8w 9E v h .s,i,,, :sk:4 :rx : .. r b;4�.: tiot r"'i}•Alt �r .+mow;" Figure 2 [7-1-11 version] Page 5 .... .... The illustrations reflected below in Figure 3 are indicative of the types of architectural design appropriate for the Suburban Zone. AIM Ilk r •• % t w, xav ;., -.: # . 7 r` a ` s d .a l .0.010-0•0000. - .41:Acio II I .ate Figure 3 The following general building design criterion applies to development within the Suburban Zone 1. Buildings should derive their image primarily from southwestern style design. 2. Buildings within the same development complex or setting should consistently use colors, materials,textures, patterns, and rhythms of other buildings within the complex. 3. Building design should be responsive to the Sonoran Desert climate. Minimizing heat gain through building orientation, architectural shading devices such as pronounced eaves, fin walls and covered walkways are encouraged. Long continuous expanses of glass are highly discouraged. [7-1-11 version] Page 6 4 Colors and finish materials should have a light reflective value of less than thirty-five (35) percent and comply with the "City of Apache Junction Southwest Color Palette" approved by the city council through Resolution No. 04-06 Larger buildings should incorporate multiple color schemes to help reduce the perception of overall building mass and encourage a sense of rhythm along the street. 5. All elevations of the building should express consistent architectural detailing and character. 6. The perceived mass of a large building should be broken down by using building facade articulation, variations in roof forms, mass and void techniques, modification of textures and colors, deep set windows, wide building arcades, the accenting of building entries, and the use of building focal points or vertical accents (see examples in Figures 4 and 5 below. F t inimeral w.. s -F - H.a,,..;®.«+++vaw.......: pp, 7 - _.. fu,us Figure 4 [7-1-11 version] Page 7 %Ow * #� Y Figure 5. Arcades,windows, roof elements, and materials are varied to breakup building mass. Roof Design 1. The top of the facade should provide a visual cap and a purposeful termination to the design Parapets, cornice elements or sloped roofs provide detail on the upper most edge of the facade. Varied vertical parapet/cornice shapes and heights are encouraged as illustrated below in Figure 6 below ah $ 1 �> f fix. ++''. *11 Figure 6. Varying rooflines and building forms add to the visual interest of a development and minimize the perception of building scale. [7-1-11 version] Page 8 ... Awning and Arcade Design 1. Where awnings are used to provide maximum shade, they should consist of opaque material. 2. Awnings should generally be a single color 3 Awnings shall not be back lit or internally illuminated 4 Sign lettering and/or logos should comprise no more than 30% of the total exterior surface of an awning or canopy, and shall bes included in the calculation of the allowable sign area 5 Awnings may be provided along the entire frontage of commercial buildings. 6 Awnings or canopies should be hung above the display window space at least 10-14 feet above the public walkway with a minimum 8-foot vertical clearance They may extend 6- 8 feet over the walkway from the building's face. 7 Examples of acceptable awnings are illustrated in Figure 7 below. z ,g YM`c` YP Ti L. { �rvt 1 I' 3�: "a' r?14 laic ,...4 { _ .� irt a o w,.}a rya �"� b,{4. � rr� ^4 wwt PIP f,3W,`*, � [( 4. +� ;as , a 11, r ter r" �° f v , r ,. :.a.- ._...e - .� ,._,. n"'aad arcs.- *�:--` sew ,.. tea§. .• az. Figure 7 [7-1-11 version] Page 9 /Mk ,••. Fenestration 1 Buildings should meet the ground with a solid base treatment that creates a visual transition from sidewalk to building wall Glass storefront wall systems that extend to the ground are not recommended 2 An interesting variety of window sizes and styles should be utilized in larger .�. developments 3. Windows shall not be opaque Building Materials 1. The following building materials are generally inappropriate: • Imitation masonry • Mirrored surfaces • Vinyl or plastic imitation wood siding, with the exception of postconsumer recycled materials • Application of inappropriate veneers 2 Structures should consist of durable and natural materials. 3 The use and design of materials in the composition of structures shall consider pedestrian level durability Building Massing and Articulation 1. Flexibility in the division of larger buildings into smaller tenant spaces should be considered in the design and articulation of storefront modules. 2 Facades should be well composed and articulated with a variety of materials and forms. Cornice lines, accent bands and other facade elements can create interesting shadow effects, contributing to the visual interest of a facade. 3 Building entrances should be designed in a manner which breaks up the building mass and aids in pedestrian orientation Signage Signage shall comply with the sign requirements identified in Article 1-21, Chapter 1, of the City of Apache Junction Land Development Code, and should respect the following guidelines 1. Wall signs should be integrated to appear part of the building facade. [7-1-11 version] Page 10 2. When there are multiple tenants for commercial uses, all signs should be consistent and architecturally integrated in the form of size, shape, color, materials, lighting, and placement 3. Visible raceways and transformers for individual letters are discouraged. 4. In general, signs should enhance the visual interest and remain subordinate to the overall character of the downtown area 5. Wall signs should be located on the upper portion of the first floor storefront and should be centered within an area uninterrupted by doors, windows, or architectural details. 6. Sign mounting brackets and support structures should match other fixture materials used on the facade of the building. 7 To convey a subtle appearance, the use of back-lit or reverse channel letters with halo illumination rather than internally-lit signs are encouraged. 8. Fin facade signs should be perpendicular to the facade of the building, and at least 8 feet above the sidewalk. The outside edge must be at least 2 feet from the curb line, and no more than 4 feet from the face of the building 9. Window signs should be limited to 25% coverage of the window area, including temporary and sale signs. Seasonal window displays and seasonal lighting may temporarily exceed this coverage 10. For two story buildings a horizontal transition element should be utilized between the first floor and upper stories. Typically, this is a location for signage, canopies or awnings The detail should break the plane of the wall surfaces and create a frame for the first floor storefront design. 11 The following sign types are not recommended for use in the Downtown area • Illuminated box signs, whether flat or projecting • Flashing signs • Moving signs, or signs with moving elements 12. Digital LED sign components may be allowed within free-standing signs in accordance with the Downtown Overlay District zoning standards. Figure 23 illustrates an example of appropriate LED signage [7-1-11 version] Page 11 ION in 41.1116, 13. Wall mounted front facade signs should be located above the store front area and should be integrated into the design of the facade, taking on characteristics of the scale, lines and features of the facade as illustrated below in Figure 8. DiStinctfve S ?ncorporate Sign Cornice w/Deter Details- ,„s"";� ',,. ,,i,:, ; -into Facade DeSige Color x varied �� ftl r Helghta- Awnin sat I �r 9 1 \ 15igt Band Area 1 ,}�zeg }- ` # ,�" `'` i �`� : Fenestrat<on . a R ' ,i4. Fleata Git�Cafe .i I '_ ` �;, ' i, 1 , °: . � a ue, s1 ft ,,,t,Iii-t ft,p:i141 . _ V1ir Oaw'9/Fe nestr at or Base Figure 8 Landscaping Landscaping shall comply with Article 6-1 of the City of Apache Junction Land Development Code, and should reflect the following guidelines 1 Indigenous upper Sonoran Desert landscape should be used to define pedestrian spaces and soften the visual impact of site improvements. 2. Landscaping should be provided along and against all buildings to blend the building into the surrounding environment. Raised planters, planting beds, and pots are encouraged when designed to accentuate the architecture and enhance pedestrian spaces 3. Store fronts should incorporate canopy trees that coordinate with the placement of arcades, signage, and store front windows. 4 Landscape buffers should be provided to screen commercial and mixed-use development from single-family residential uses. Mature trees should be used to further accentuate the buffer area 5. Curbing should be installed at the edges of all planters/medians adjacent to vehicular circulation and parking areas. [7-1-11 version] Page 12 6. Pedestrian walkways linking site features should be a minimum of six (6) feet in width and should incorporate landscaping and architectural shading. 7. Perimeter planting beds with low shrubs and groundcover should be provided when adjacent to public rights-of-way. Large expanses of exposed mulch and grass are not desirable. 8. Landscape features should be used to highlight entryway and other freestanding signage, and to screen sign supports and ground-mounted equipment where practical Lighting Lighting shall comply with the outdoor lighting requirements identified in Article 1-23, Chapter 1, of the City of Apache Junction Land Development Code, and the following design guidelines 1. In order to maintain the community's dark skies policy, exterior lighting should be low- keyed, and only emphasized for safety and security purposes 2. Light glare and excessive brightness should be eliminated Reflective materials in light fixtures are highly discouraged. Cut-off fixtures, mounting height, and the elevation of potential viewers should all be considered to control glare effectively. 3. Lighting of building facades or the use of architectural lighting that results in hot spots on a building wall is discouraged. 4. The use of bollard lighting for pedestrian pathways and parking areas is encouraged and is preferable to lights mounted on walls, posts or standards. Access, Parking and Circulation 1. Covered parking should be architecturally integrated with buildings Lighting for covered parking spaces should be shielded to avoid glare and/or light spillage onto adjacent properties. 2. Pedestrian pathways and spaces between buildings and outlying parking areas should be well defined and provide for safe lighting, appropriate landscape design, and hardscaping. 3 Bicycle parking should be provided at locations that are easily identifiable, visible, and convenient to customers/ users 4. Alleys should be efficient for service vehicles as well as attractive for pedestrians. 5 Bicycle and pedestrian access to adjoining residential neighborhoods is encouraged in appropriate locations [7-1-11 version] Page 13 Open Space and Amenities 1 Outdoor dining areas should be placed away from off-site uses that are sensitive to noise and night-time activity Restaurant seating in the pedestrian portion of the public right-of way may be conditionally permitted Where space allows, outdoor dining areas should be used to help synergize plazas, courtyards, and street frontages .•. 2 The placement of patios and plazas should address solar orientation and incorporate both landscaping and architectural elements to provide shade for pedestrians 3. Outdoor common areas including hardscape plazas, green spaces, water features and play areas are desirable elements and should be treated as visual and functional focal points 4. The use of public art in open space areas is encouraged 5 A combination of landscaping and architectural features should be used to create and define pedestrian seating areas as illustrated in Figure 9. These areas should typically be placed at internal locations. t " _ ` a '11-.r r, �'.? 't y a ., 2 a a F �, RsC3 '" r , _ 9 ,,,,. . , , 4 ,, ,T.,_,;72,1,,,,,„\ , , , i .,,,,,t,,.. :t, leir e 777 r S vi $ N. tt' 1,p„� 1 r 6 ,-\.., .* n ,. Figure 9. Provide for shaded pedestrian amenities [7-1-11 version] Page 14 Screening 1 Utility cabinets and pedestals should be located where they can be screened from view They should not be located within a landscaping island in a parking lot where they are subject to vehicle damage. Consideration should be given to accessibility for required service and maintenance of such facilities. 2 Where feasible, loading, service and equipment areas should not be visible from public roadways or parking areas. 3. Outdoor storage areas should be located behind or beside buildings and be shielded from view of the street. 4. Dumpsters should be located in the least visible location fully screened from view with durable building materials that are coordinated with the overall building design as illustrated below in Figure 10 • tf • Figure 10. Simple enclosure with painted walls and wood gates. 5 Rooftop mechanical equipment should be screened by architectural elements and painted to match the color of the roof. Figure 11 illustrates what is not desired, while Figure 12 reflects desirable screening [7-1-11 version] Page 15 n � = � 77 AW- Rgune11. Visible heating and air conditioning equipment can detract from the desired design goals. ~ - . ' Figure 12. Roof screen compatible with the building's architectural character is setback from roof edge and completely hides the mechanical equipment. P 16 [7'1'11vecsiou] age Drive Thru Facilities 1. To the extent practical, drive—thru facilities should be oriented away from public streets 2. Adequate vehicle queuing length should be provided to ensure that stacking traffic does not obstruct on-site or off-site pedestrian or vehicular traffic Drive-through covers/enclosures should be designed to add variation to the building's mass and appear integrated with its architecture as illustrated in Figure 13 *.e t :. ' ` � � Figure 13 Mixed-Use Development 1 The residential portion of a mixed use building should incorporate typical residential features such as porches and balconies that offer façade articulation and transparency. Residential balconies should be recessed and not overhang above the public space 2. Multi-family structures in the downtown area should encourage pedestrian activity at the street level through the appearance of commercial architectural design of the first floor 3. Additions should be designed so as not to obscure, alter or destroy the character of the original building when viewed from a public right-of-way. [7-1-11 version] Page 17 II. TRANSITION ZONE DESIGN GUIDELINES The Transition Zone may be currently described as a mixture of older strip commercial uses including hotels, restaurants, specialty retail, car sales, and gas stations. The properties tend to be smaller in size and many of the buildings reflect maintenance and structural decline. The overlay zoning standards for this zone are intended to provide reasonable flexibility to promote and encourage development and redevelopment. Additionally, the overlay zoning for this zone .•. promotes sign and building design standards that reflect an old west character in accordance with the 2010 Downtown Redevelopment and Implementation Strategy Plan. General Building Design Western commercial design is characterized by relatively small scale buildings when compared to the commercial malls and big box stores that are often thought of as representing retail development today Rather than detached structures set back from the street with parking in front, the western town tended to have a series of structures that adjoined each other to form a continuous sidewalk, often covered with a porch or awnings, as historically portrayed in Figure 14 7 ,c"" f OltOft f, *yr It All 4 Aiekw Figure 14 Structures are generally 1% to 2 stories in height (16 to 25 feet) but may vary slightly from this standard and thus avoid a continuous cornice or parapet line. Windows would be composed of multiple panes of glass since the technology and manufacturing processes of the 19th century were not suitable for creating the large storefronts often utilized in commercial development today [7-1-11 version] Page 18 Since most old west style development is associated with an era before the automobile, the scale of the windows, displays, entries, architectural detail and signage was proportioned for viewing and use by the pedestrian All these features, therefore, were smaller and often more elaborate The overall features of western architecture tended to be rectilinear with a dominant use of the 90 degree angle for major plan and elevation elements This was in major part dictated by the use of simple framing methods available to the western carpenter or builder. Curves, domes, semicircular arches, and heavy columns as represented in Spanish and Mediterranean architectural styles based in a masonry technology were relatively rare. The illustrations reflected below in Figure 15 are indicative of the types of architectural design appropriate for the Transition Zone : "- .-‘,,,:,.‘,-, t 1 t "o_ „1 14i ., .... ,4,,,.',,',,1,.,1..,-4:iO4./..'.'e.-:!t,.7,,.*,,.,.,,4,.,t-,,":<1-*4'-,.0,0:3,m'4..::.:0vr.,:,,,;,,,1/4-,,,,,14,:,,:;-44_'''',','...,'.:„..:?.:.i'-",5,4:f:Q2Ii,"i!i'!t..t"1:';;•,:i;,,;,;:,:,::,,i,s.,i::.t.,.:%':..'",4,,...;.;.,..-..'l1..!'.'1..,1:,l1i,:,,,;",.:,:, �`.Sir {_ r g {p 1 ` \ r ,.4 . A 1 1, i,'/,< : r . _ D t A ',A,,• c -,>II S - ,I y i x , Viet, { t P -:,z.04.7*,,,g,pt, 4,,,,,,,„„. .. 1' 314* <l w ' 4.,;, T 1k1 � i ry. t Y 11111. IIIII1t 1IIIlNIIM 1%,l $1: , , .* �., -�` i a 1 ° :1 t ' 7, *'• . : *„.. ...,. 0•77.- :91*•-- 1 , Figure 15 [7 1 11 version] Page 19 The following general building design criterion applies to development within the Transition Zone 1 Buildings should derive their image primarily from old west style design 2. Buildings within the same development complex or setting should consistently use colors, materials, textures, patterns, and rhythms found with other buildings in the complex. 3 Building design should be responsive to the Sonoran Desert climate. Minimizing heat gain through building orientation, architectural shading devices such as pronounced eaves, fin walls and covered walkways are encouraged. Long continuous expanses of glass are highly discouraged 4 Colors and finish materials should have a light reflective value of less than thirty-five (35) percent and comply with the "City of Apache Junction Southwest Color Palette" approved by the council through Resolution No 04-06 Larger buildings should incorporate multiple color schemes to help reduce the perception of overall building mass and encourage a sense of rhythm along the street 5 Buildings are encouraged to be set along the front property line (i e , zero front setback). 6. Use of materials which are representative of the western style should include vertical wood board and batten, horizontal wood siding, stucco and brick masonry 7. Pedestrian friendly amenities such as porches, benches, awnings, recessed entries, and planters along the sidewalks are encouraged 8 Obvious use of more modern materials such as plywood, large plate glass windows, unfinished aluminum, and plastic should be avoided. Awning and Arcade Design 1. Where awnings are used to provide maximum shade, they should consist of opaque material. 2. Awnings shall not be back lit or internally illuminated, and should generally be a single color 3 Sign lettering and/or logos shall comprise no more than 30% of the total exterior surface of an awning or canopy, and shall be included in the calculation of the allowable sign area. [7-1-11 version] Page 20 4. Awnings may be provided along the entire frontage of commercial buildings. 5. Awnings or canopies should be hung above the display window space at least 10-14 feet above the public walkway with a minimum 8-foot vertical clearance. They may extend 6- 8 feet over the walkway from the building's face 6 Examples of acceptable arcades and porches are illustrated below in Figure 16 •t ark ;.`. x ,� ' ,ate`-.�.---- �A , t -._.,. ( 1........7 ¢f §f , ) I4,1 Tsai m ,4, v e " ikii,f4., t. i s 1:4.°._ 5& g 9 Li to xe " ++.o, � Y ' „4/44 ,,,,,. . ,, \ - -- , -4' 1 fq li Figure 16 Building Entrances The old west design style tended to minimize large, spacious entry courtyards or grand entry statements which are often associated with other architectural styles such as the Romanesque Revival of the eastern United States or Spanish Revival in the west A sense of entry was important, however, and merited a space to step away from the sidewalk and provide a transition from the outside to the inside of a commercial establishment Entries were often treated with extra trim, accent colors, more elaborate hardware, and window signage as well as perhaps a change in material from the sidewalk or boardwalk. The scale was geared toward the pedestrian and the immediate environment of the adjacent sidewalk [7-1-11 version] Page 21 A change of pavement from that of the sidewalk is encouraged For brick masonry buildings the pavement might be brick or tile pavers For wood structures or steel trowelled plaster, perhaps a textured and colored concrete or tile pavers would be appropriate depending on the architectural design of the building. Entryways should be set back behind the sidewalk a minimum of a projected door swing (typically a minimum of three feet) and the width will often be dictated by handicapped access requirements. .The width of entry spaces should be adequate to accommodate several people at one time as llustrated below in Figure 17. 2 a y, ,: ffs` rfl r ,yam �a� � i.. _ � is d - 4 � S a , Ya I .• bxv t '' i N' ,; a' .rw... . Figure 17. Recessed entry with detailed painted wood trim at sides give character at the pedestrian level. Page 22 [7-1-11 version] Fenestration 1 Utilize multiple panes of glass rather than single large sheets 2 Provide accent trim and framing for wood installations. If aluminum or other materials are used, the overall character should replicate or recall wood type installations. 3 Consider use of transom windows (small windows above larger storefront windows and -` doors. 4. Consider the use of awnings 5. Doors should generally be solid or opaque around their perimeter with one or more glass panels in the center. Multiple panels or panes of glass within the door are encouraged. Slab doors without articulation, or modern tempered glass doors with or without perimeter frames are discouraged. 6 Doors are encouraged to have more ornate hardware utilizing brass or bronze as a material (recognizing that the configuration will have to meet accessibility requirements). 7. Consider using sidelights adjacent to doors. 8. Use of accent colors in entry areas is encouraged as illustrated above in Figure 17 9. Display windows on the ground floor of retail and commercial buildings shall be the predominant surface on the first story New commercial construction shall provide a minimum of fifty percent of the first floor wall surface in windows that face the street 10. Buildings should meet the ground with a solid base treatment that creates a visual transition from sidewalk to building wall. Glass storefront wall systems that extend to the ground are not recommended. 11. An interesting variety of window sizes and styles should be utilized in larger developments 12. Upper floor windows are differentiated from the first floor in terms of size, proportion and rhythm. However, they are organized in relationship to first floor elements Figure 18 below illustrates the desired proportion of window design [7-1-11 version] Page 23 ink. ImiIlk t i ,, , rt + �` .. . . �` "l f , , gtfaill '1'', r t -i i a I 1i t 1 i MI .1 „. .iii 11. Unacceptable Does not distinguish Acceptable. Distinguishes between upper and lower floors between upper and lower floors Figure 18 [7-1-11 version] Page 24 Building Materials 1. The use of construction materials along the street façade shall be compatible with the old west character Materials encouraged include the following: • Vertical wood board and batten. Plywood with individually nailed on batten may .� also be allowed if the completed character of the façade recalls the old western style • Horizontal wood siding with a reveal (drop siding). Other siding materials which replicate this character may also be used • Brick masonry and slumpstone that compliments the western style and the architectural character of the building. • Stucco and adobe finishes in conjunction with other building materials so that reflect the overall western appearance. Materials strongly discouraged include the following: • Modern aluminum and glass storefront construction • Scored plywood • Exposed concrete block (concrete masonry units) • False veneers 2 Roof materials shall be compatible with those typically used in the western style and include the following Materials encouraged include the following • Composition Shingle (minimum of 40 year lifetime) • Shakes (if permitted by fire code with fire resistive treatment ) • Slate or flat concrete tile • Corrugated or standing seam metal in color and finish compatible with the western style Building Massing, Articulation and Detail 1 Facades should be well composed and articulated with a variety of materials and forms. Cornice lines, accent bands and other façade elements can create interesting shadow effects, contributing to the visual interest of a facade 2 Building entrances should be designed in a manner which breaks up the building mass and aids in pedestrian orientation. 3. Visible roof shapes are to be compatible with the western style. Typically these roofs are of a shed or a single gable type with the ridgeline running perpendicular to the street and terminating at the false front or parapet of the building [7-1-11 version] Page 25 ... ... 4 Elaborate compound forms such as those associated with Victorian Gothic (with towers, dormers, and multiple gables) or mansard roof forms are discouraged. 5 Gutters and downspouts on the exterior of the building should be considered during the architectural design process. 6. The joining and accenting of details of various materials form a major component of an architectural style. In the old west style typical details would include the following • Pilasters and reveals in masonry construction. • Cornices and corbels along parapets — usually of wood but sometimes formed of metal, or now painted resins • Accent base and capitals on posts and columns. • Champhered corners on posts and columns. • Multiple layers of trim and moldings (often accented with different colors). • Rounded edges on pilasters and columns • Shaped runners and turned wood spindles in hand rails Signage Signage shall comply with the sign requirements identified in Article 1-21, Chapter 1, of the City of Apache Junction Land Development Code, except as otherwise provided below. 1 Wall signs should be integrated to appear part of the building façade. 2 When there are multiple tenants for commercial uses, all signs should be consistent and architecturally integrated in the form of size, shape, color, materials, lighting, and placement 3 Visible raceways and transformers for individual letters are discouraged. 4. In general, signs should enhance the visual interest and remain subordinate to the overall character of the Transitional Zone. 5. Wall signs should be located on the upper portion of the first floor storefront and should be centered within an area uninterrupted by doors, windows, or architectural details. 6 Sign mounting brackets and support structures should match other fixture materials used on the facade of the building 7 To convey a subtle appearance, the use of back-lit or reverse channel letters with halo illumination rather than internally-lit signs are encouraged. [7-1-11 version] Page 26 8 All light fixtures, conduit and shielding shall be painted a flat, dark color, or shall be painted to match either the building or the supporting structure that serves as the background of the sign. 9. Window signs should be limited to 25% coverage of the window area, including OM be. temporary and "sale" signs. Seasonal window displays and seasonal lighting may temporarily exceed this coverage 10 Signs may incorporate graphic symbols, logos, and other elements to provide visual interest and theme continuity. However, in order to preserve the western era character, corporate marketing themes, logos, corporate colors, and prototypes shall not become a dominant visual feature of the site, or building 11. Wall mounted front façade signs should be located above the store front area, or signage should be integrated into the design of the facade, taking on characteristics of the scale, lines and features of the facade as illustrated in Figure 8. 12. In keeping with the old west character, flashing signs, neon signs, and luminous tube signs are strongly discouraged 13 Signs should not cover up windows or important architectural features. 14 Hanging and projecting signs above walkways shall have a minimum of eight feet of clearance above the pavement and should have a maximum of six square feet per sign 15 Plastic or routed aluminum sign faces are discouraged 16. Spotlighting or halo lighting of signs are encouraged Exposed neon may be considered ^ if architecturally compatible. 17 The following sign types are not recommended for use in the Downtown area: • Illuminated box signs, whether flat or projecting • Flashing signs • Moving signs, or signs with moving elements 18. Digital LED sign components may be allowed within free-standing signs in accordance with the Downtown Overlay District zoning standards Figure 23 illustrates an example of appropriate LED signage. 19 Painted signs with external lighting are the preferred sign style for this zone. Text/font styles such as Helvetica or Arial are inappropriate for the western era. Signs can be painted on facade elements or can be carved into, painted on, or constructed of wood, [7-1-11 version] Page 27 AM lb. wood composite or metal materials Examples of acceptable signs are illustrated below in Figure 19 f 1 t I; t> k�t� R .. v - ��, „ if Plc IMF 11111ff1111 11 ,� ii r hilt, m''' r a,.: sue» — t 1_a. n� - lk 4.1... tly4t,.. 4,,,. , ''. --- ' rfli ' -iriljui - ---' ' '- ; :t.,..„ ,* ,,,,,L, ,. ,. ,,..., :,ass r � it t�.� i.,;„,mi..'Mir'uTrri . s# .w ,i', C "1 PO "PO 47 0 BARBERS PARKING Qit1Y GA , k T s fig'} Figure 19 Landscaping The landscaping standards identified in the Downtown Overlay District's Transition Zone supersede the landscaping requirements identified in Article 6-1 of the Apache Junction Land Development Ordinance, and are intended to provide greater flexibility with minimalist landscaping requirements. As a result, landscaping will focus on strategically placed planter boxes, planting beds, and pots rather than regimented planting schedules typically required for buffers, screening, and open space coverage. Figure 20 illustrates the type of landscaping desired for the Transition Zone. [7-1-11 version] Page 28 :' .. 1 1 y. n .n"`*A o ; * ) . `t 4' a es i ' a ! s � ij ', � y it , _ , _ - ., . 7 ;t .4.0.. ' 1-..._"...1 . .#tom ., Figure 20 Lighting Lighting shall comply with the outdoor lighting requirements identified in Article 1-23, Chapter "` 1, of the City of Apache Junction Land Development Code, and the following design guidelines. 1 In order to maintain the community's dark skies policy, exterior lighting should be low- keyed, and only emphasized for safety and security purposes 2. Light glare and excessive brightness should be eliminated Reflective materials in light fixtures are highly discouraged Cut-off fixtures, mounting height, and the elevation of potential viewers should all be considered to control glare effectively. 3 Lighting of building facades or the use of architectural lighting that results in hot spots on a building wall is discouraged. 4. The use of bollard lighting for pedestrian pathways and parking areas is encouraged and is preferable to lights mounted on walls, posts or standards [7-1-11 version] Page 29 5 Low wattage up-lighting of building elements and adjacent trees can be an effective and attractive lighting technique. 6. Vintage lighting fixtures or replicas should be used when the lighting is visible from the sidewalk or street. The fixtures should complement the building's architecture. 7 Lighting fixtures for parking lots should not exceed 12 feet in height and should ideally reflect an architectural character compatible with the old west style. High intensity lighting on modern poles with exposed elements (such as cobra heads) is discouraged. Access, Parking and Circulation 1 Covered parking should be architecturally integrated with the adjacent buildings Lighting for covered parking spaces should be shielded to avoid glare and/or light spillage onto adjacent properties 2. Pedestrian pathways and spaces between buildings and outlying parking areas should be well defined and provide for safe lighting, appropriate landscape design, and hardscaping. 3. Bicycle parking should be provided at locations that are easily identifiable, visible, and convenient to customers/ users. 4. Alleys should be efficient for service vehicles as well as attractive for pedestrians. 5. Bicycle and pedestrian access to adjoining residential neighborhoods is encouraged. 6. Parking to the side or rear of buildings is appropriate as illustrated below in Figure 21. G 1.141-11 NO 19Nz KJN C-( ON C'AF-t1 '—S MAMMON V I DTN Figure 21 [7-1-11 version] Page 30 Open Space and Amenities 1 A combination of landscaping and architectural features should be used to create and define pedestrian seating areas These areas should typically be placed at internal locations or near corners of buildings which are easily accessible to the pedestrian 2. Outdoor dining areas should be placed away from off-site uses that are sensitive to noise and night-time activity. Restaurant seating in the pedestrian portion of the public right-of way may be conditionally permitted. Where space allows, outdoor dining areas should be used to help synergize plazas, courtyards, and street frontages 3. The placement of patios and plazas should address solar orientation and incorporate both landscaping and architectural elements to provide shade for the pedestrian. 4 Outdoor common areas- including hardscape plazas, green spaces, water features and play areas- are desirable elements, and should be treated as visual and functional focal points 5 The use of public art is encouraged. 6 Provide ornamental pedestrian scale lighting sufficient to ensure secure walking conditions after dark, especially at sidewalks, plazas and pedestrian crossing areas Screening 1. Utility cabinets and pedestals should be located where they can be screened from view. They should not be located within a landscaping island in a parking lot where they are subject to vehicle damage Consideration should be given to accessibility for required service and maintenance of such facilities. 2 Where feasible, loading, service and equipment areas should not be visible from public roadways or parking areas 3. Outdoor storage areas should be located behind or beside buildings and be shielded from view of the street. 4. Dumpsters should be fully screened from view with durable building materials that are coordinated with the overall building design as illustrated below in Figure 10. 5. Rooftop mechanical equipment should be screened by architectural elements and painted to match the color of the roof. Figure 11 illustrates what is not desired, while Figure 12 reflects desirable screening. [7-1-11 version] Page 31 Drive Thru Facilities 1. To the extent practical, drive—thru facilities should be oriented away from public streets and primary development entrances 2. Adequate vehicle queuing length should be provided to ensure that stacking traffic does not obstruct on-site or off-site pedestrian or vehicular traffic. Drive-through covers/enclosures should be designed to add variation to the building's mass and appear integrated with its architecture as illustrated in Figure 13 Mixed-Use Development 1. The residential portion of a mixed use building should incorporate typical residential features such as porches and balconies that offer facade articulation and transparency. Residential balconies should be recessed and not overhang above the public space 2. Multi-family structures in the downtown area should encourage pedestrian activity at the street level through the appearance of commercial architectural design of the first floor. Continuity of the typical storefront or commercial facade even if the first floor is used as residential will provide a welcoming thoroughfare 3 Additions should be designed so as not to obscure, alter or destroy the character of the original building when viewed from a public right-of-way. [7-1-11 version] Page 32 III. CORE DOWNTOWN ZONE DESIGN GUIDELINES This Core Downtown Zone may be described as the central core of the city with a mixture of old and new developed properties, vacant land, educational uses and civic uses The base zoning district reflects a decidedly more urban pattern of mixed land use, building height and intensity. The overlay zoning and design standards for this zone are intended to maintain and continue the base zoning's urban theme and promote a mixed-use pattern of land use. General Building Design The architecture of buildings in this zone should generally reflect an urban main street quality that is distinctive from the western character in the Transition Zone While variations in architectural style and interest will be accommodated, the built environment should be developed to a human scale and encourage pedestrian circulation The examples illustrated below in Figure 22 reflect the city's targeted site and building design for this zone �,,' a, s',�'l* ,, ,� � .cam 3s" ��-, a , , , , IR ..,. , . . .,, -4,„:,,,, ,... .,,,:3.,,,,,,,14114!„,,,,,,,..t - 4 pp "✓`,... fie�'�b % i -. �^ . ,.. +'4`� y:"S ,,„ ...,.,, • ,. s B x 'B ..- ',. ,WIIIP NI*4 .,,,:* ' „ f s--44.?: . * IT I.AI, ,, ! ' R � ... F*a f . III ( iui : 4 § ,„, a T< a , 'fie 1 .,._ : — ..,0,,,,, is2-', ,,,,,,-::=4' -tiii'''''' - ..-.,-; i _ Y::, ',.., ,,,, I_ ,,, s ,,,_ 4; ot 7.- ri ”pw .-ot . i - , g ' ° :;-', • .., .., � ,Xr :te; e t , r W Figure 22 , [7-1-11 version] Page 33 p ..i.. The following general building design criteria apply to development within this zone 1 Buildings within the same development complex or setting should consistently use colors, materials, textures, patterns, and rhythms found with other buildings in the complex. 2. The perceived mass of a building should be broken down by using building facade articulation, variations in roof forms, mass and void techniques, modification of textures and colors, deep set windows, wide building arcades, the accenting of building entries, and the use of building focal points or vertical accents as exemplified in Figures 4 and 5 3 Building design should be responsive to the Sonoran Desert climate. Minimizing heat gain through building orientation, architectural shading devices such as pronounced eaves, fin walls and covered walkways are encouraged. Long continuous expanses of glass are highly discouraged 4 Colors and finish materials should have a light reflective value of less than thirty-five (35) percent and comply with the "City of Apache Junction Southwest Color Palette" approved by the city council through Resolution No. 04-06. Larger buildings should incorporate multiple color schemes to help reduce the perception of overall building mass and encourage a sense of rhythm along the street 5. All elevations of the building should express consistent architectural detailing and character 6 Development design should encourage walking and biking rather than driving between businesses. 7 Building design should provide visibility into commercial buildings at the ground level and incorporate arcades and awnings to provide shade to both pedestrians and store front windows. 8 The top of the facade should provide a visual "cap" and a purposeful termination to the design. Parapets, cornice elements or sloped roofs provide detail on the upper most edge of the facade. Varied vertical parapet/cornice shapes and heights are encouraged as illustrated in Figure 8. Awning and Arcade Design 1 Where awnings are used to provide maximum shade, they should consist of opaque material 2 All awnings on an individual building should be a single color. [7-1-11 version] Page 34 3 Awnings shall not be back lit or internally illuminated 4. Sign lettering and/or logos should comprise no more than 30% of the total exterior surface of an awning or canopy, and shall be included in the calculation of the allowable sign area. 5. Awnings may be provided along the entire frontage of commercial buildings Marquees are encouraged where appropriate 6. Awnings or canopies shall be hung above the display window space at least 10-14 feet above the public walkway with a minimum 8-foot vertical clearance They may extend 6- 8 feet over the walkway from the building's face 7. Examples of acceptable awnings are illustrated in Figure 7. Fenestration 1. Buildings should meet the ground with a solid base treatment that creates a visual transition from sidewalk to building wall. Glass storefront wall systems that extend to the ground are not recommended 2. An interesting variety of window sizes and styles should be utilized in larger developments. 3 Windows shall not be opaque. 4. Building entrances should be defined for ease of use. Weather protection features are also encouraged 5 Upper floor windows are differentiated from the first floor in terms of size, proportion and rhythm. However, they are organized in relationship to first floor elements 6. Display windows on the ground floor of retail and commercial buildings shall be the predominant surface on the first story. New commercial construction should provide a minimum of fifty percent of the first floor wall surface in windows that face the street as illustrated in Figure 18. Building Materials 1. The following building materials are generally inappropriate • Imitation masonry • Mirrored surfaces • Vinyl or plastic imitation wood siding, with the exception of postconsumer recycled materials [7-1-11 version] Page 35 ... • Application of inappropriate veneers 2. Structures should consist of durable and natural materials. 3. The use and design of materials in the composition of structures shall consider pedestrian level durability Building Massing and Articulation 1. Flexibility in the division of larger buildings into smaller tenant spaces should be considered in the design and articulation of storefront modules 2. Facades should be well composed and articulated with a variety of materials and forms Cornice lines, accent bands and other façade elements can create interesting shadow effects, contributing to the visual interest of a facade 3. Building entrances should be designed in a manner which breaks up the building mass and aids in pedestrian orientation 4. Building forms should be articulated by varying roof heights and wall planes. Long, unbroken volumes and large, unarticulated wall and roof planes are not appropriate. 5 The layout of primary buildings and outlot buildings should be varied to achieve an interesting visual environment. 6. Where a shopping street is to be created, structures should be built with minimal retail storefront setbacks at internal roadways and plazas to create a pedestrian oriented street wall Structures in this alignment should include inviting storefront windows, easily identifiable entrances, and prominent display areas. 7 Multiple-story taller buildings may be acceptable where compatible with adjoining uses and designed to minimize the appearance of building bulk and mass. This can be accomplished through upper story setbacks, changes in building materials, and the articulation of building details Signage Non-CCD zoned property signage shall comply with the sign requirements identified in Article 1- 21, Chapter 1, of the City of Apache Junction Land Development Code CCD zoned property shall comply with CCD district sign standards All Core Downtown District signs should respect the following design guidelines 1 Sign design for the Corp Downtown Zone is not based on a specific theme or style, but rather should be an extension of the primary building quality and aesthetics [7-1-11 version] Page 36 2. Wall signs should be integrated to appear part of the building facade 3. When there are multiple tenants for commercial uses, all signs should be consistent and architecturally integrated in the form of size, shape, color, materials, lighting, and placement 4 Visible raceways and transformers for individual letters are discouraged 5 In general, signs should enhance the visual interest and remain subordinate to the overall character of the downtown area 6 Wall signs should be located on the upper portion of the first floor storefront and should be centered within an area uninterrupted by doors, windows, or architectural details. 7. Sign mounting brackets and support structures should match other fixture materials used on the façade of the building 8 To convey a subtle appearance, the use of back-lit or reverse channel letters with halo illumination rather than internally-lit signs are encouraged 9. Facade mounted fin signs should be perpendicular to the facade of the building and at least 8 feet above the sidewalk. The outside edge must be at least 2 feet from the curb line, and no more than 4 feet from the face of the building 10. Window signs should be limited to 25% coverage of the window area, including temporary and "sale" signs. Seasonal window displays and seasonal lighting may exceed this coverage for a maximum of sixty days Internally illuminated flashing signs in windows are also prohibited. 11. Wall mounted signs located above the store front area, or signage should be integrated into the design of the facade, taking on characteristics of the scale, lines and features of the facade as illustrated in Figure 8. 12. For two story buildings a horizontal transition element should be utilized between the first floor and upper stories Typically, this is a location for signage, canopies or awnings. The detail should break the plane of the wall surfaces and create a frame for the first floor storefront design 13. The following sign types are not recommended for use in the Downtown area• • Illuminated box signs, whether flat or projecting • Flashing signs • Moving signs, or signs with moving elements [7-1-11 version] Page 37 — 14 Digital LED sign components may be allowed within free-standing signs in accordance with the Downtown Overlay District zoning standards Figure 23 illustrates an example of appropriate LED signage. x C.r.s•**.*#***C**a*44e4,4F*.pY4,4***..0**a4 4 ! "Oa.**s*****- ***4411 .***td44444*ro . i ****#• , ******•...****4.*N.r .4t. .r e. 4* ro 4 a nOw a**,. r s`#s.*41 41 rt r e«,R8• a a*tl J+ ** m * 4, < . <4*4444. a444444v4.4. '$ b ws. •T3444**44.**if 144** #***4*44***4 • 4* 4* M4**4** •4**4'4.44*** .. * ♦et,.. * , . . ffi5 *. . . xs •>4 R . rw 4*4 +ie*t44tw . .. . 0,44444 4+k44#4**4 �+s.l*C •a qs� � 444****4•*4 11111 ,. ..e*rot. * 4r4*At*44f.* =4 I.4* * f *****t f4 #4t* * * .t,. ♦R 4****4 4***4***4 4 ****** R4444** 11, 11 .,» CoMBAT READINESS , ««,.ter..,, TRAINING CENTER anift, Figure 23 Landscaping The landscaping standards identified in the Downtown Overlay District's Core Downtown Zone supersede the landscaping requirements identified in Article 6-1 of the Apache Junction Land Development Ordinance, and are intended to provide greater flexibility with minimalist landscaping requirements As a result, landscaping will focus on strategically placed planter boxes, planting beds, and pots rather than regimented planting schedules typically required for [7-1-11 version] Page 38 buffers, screening, and open space coverage Figure 20 illustrates the type of landscaping desired for the Core Downtown Zone Lighting Lighting shall comply with the outdoor lighting requirements identified in Article 1-23, Chapter 1, of the City of Apache Junction Land Development Code, and should respect the following design guidelines. 1 In order to maintain the community's dark skies policy, exterior lighting should be low- keyed, and only emphasized for safety and security purposes. 2. Light glare and excessive brightness should be eliminated. Reflective materials in light fixtures are highly discouraged. Cut-off fixtures, mounting height, and the elevation of potential viewers should all be considered to control glare effectively. 3. Lighting of building facades or the use of architectural lighting that results in hot spots on a building wall is highly discouraged 4 The use of bollard lighting for pedestrian pathways and parking areas is encouraged and is preferable to lights mounted on walls, posts or standards Access, Parking and Circulation 1. Interconnect pedestrian destinations such as parks, trail systems, transit stations, bus stops, and entertainment. 2 Plan land use according to the 10-minute (0 25 mile/0 4 km) walk rule. 3 Provide walkways adjacent to roadways, but separate from the curb whenever possible with landscaping, a bicycle lane, or on-street parking. 4. Encourage people to walk by creating places that use land use, destination pedestrian facilities, and economic and cultural activities to establish walking as a primary or secondary activity Open Space and Amenities 1. Outdoor common areas including hardscape plazas, green spaces, water features and play areas are desirable elements and should be treated as visual and functional focal points 2 The use of public art is encouraged. [7-1-11 version] Page 39 ... 3 Integrate plazas and other spaces of varying scales to provide rest, relaxation and outdoor dining opportunities for shoppers and other visitors Spaces should be conveniently positioned adjacent to walkways and buildings. 4. Site features should be varied in color, pattern and texture within a coordinated palette that relates to the building architecture High quality materials and finishes should be used throughout. 5 Where practical, benches, water fountains and waste receptacles should be visually and functionally coordinated with the overall site design. The location of waste receptacles should be provided as part of the development plan Screening 1 Utility cabinets and pedestals should be located where they can be screened from view They should not be located within a landscaping island in a parking lot where they are subject to vehicle damage Consideration should be given to accessibility for required service and maintenance of such facilities. 2 Dumpsters should be fully screened from view with durable building materials that are coordinated with the overall building design as illustrated in Figure 10 3. Rooftop mechanical equipment shall be screened by architectural elements and painted to match the color of the roof Figure 11 illustrates what is not desired, while Figure 12 reflects desirable screening 4 Where feasible, loading, service and equipment areas should not be visible from public roadways or parking areas. 5 Outdoor storage areas should be located behind or beside buildings and be shielded '_ from view of the street Drive Thru Facilities 1 To the extent practical, drive—thru facilities should be oriented away from public streets. 2. Adequate vehicle queuing length should be provided to ensure that stacking traffic does not obstruct on-site or off-site pedestrian or vehicular traffic Drive-through covers/enclosures should be designed to add variation to the building's mass and appear integrated with its architecture as illustrated in Figure 13 [7-1-11 version] Page 40 Mixed-Use Development 1. The residential portion of a mixed use building should incorporate typical residential features such as porches and balconies that offer facade articulation and transparency. Residential balconies should be recessed and not overhang above the public space 2. Multi-family structures in the downtown area should encourage pedestrian activity at the street level through the appearance of commercial architectural design of the first .-► floor. Continuity of the typical storefront or commercial façade even if the first floor is used as residential will provide a welcoming thoroughfare. 3 Additions should be designed so as not to obscure, alter or destroy the character of the original building when viewed from a public right-of-way [7-1-11 version] Page 41 ROLL CALL VOTE -11 . NOTES: V • °\ITEM # MEETING OF llr \C-1616-1{)1 MOTION BY: SECONDED BY: j YES NO ABSTAINED VICE MAYOR DIETZ • l COUNCILMEMBER WILSON 1 COUNCILMEMBER BARKER COUNCILMEMBER SERDY COUNCILMEMBER SMITHSON I 'EflHNettM MBER COLEMAN MAYOR INSALACO UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL ITEM NO. 9 I MOVE THAT RESOLUTION NO. 11-22, A RESOLUTION OF THE MAYOR AND CITY OF THE CITY OF APACHE JUNCTION, ARIZONA, ADOPTING THE "APACHE JUNCTION DOWNTOWN OVERLAY DISTRICT DESIGN GUIDELINES", (BE APPROVED) OR(BE DENIED) ROLL CALL VOTE NOTES: CA 1 1 /f :// \ \\ l 1 ITEM # \ * - MEETING O yi)) MOTION BY: SECONDED BY: YES NO ABSTAINED COUNCILMEMBER WILSON V COUNCILMEMBER SERDY COUNCILMEMBER COLEMAN VICE MAYOR DIETZ ✓ COUNCILMEMBER BARKER V COUNCILMEMBER SMITHSON MAYOR INSALACO UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL i(CS l • ITEM NO. 10 I MOVE THAT AN EXECUTIVE SESSION AT 5.45 P.M. AND A WORK SESSION AT 7.00 P M BE HELD ON MONDAY, AUGUST 15, 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, AUGUST 16, 2011 IN THE CITY COUNCIL CONFERENCE ROOM ADJOURNMENT: I MOVE THAT THE MEETING BE ADJOURNED AT P M ROLL CALL WS: vfiJi I REG. gkin SPEC CITY COUNCIL: P I A P I A P I A MAYOR INSALACO V V VICE MAYOR DIETZ /'v. V COUNCILMEMBER BARKER V V . COUNCILMEMBER COLEMAN ti' COUNCILMEMBER SERDY / i COUNCILMEMBER SMITHSON i COUNCILMEMBER WILSON ;; TOTAL I ` CITY STAFF: j 1 : , City Manager George Hoffman V 1' Assistant City Manager Bryant / Powell 1/ City Clerk Kathleen Connelly 1/ j,/ City Attorney Joel Stern 1/ / Public Safety Director Jerald Monahan V Interim Public Works Director/ / City Engineer Giao Pham V Parks & Recreation Director Jeff Bell Finance Director Donna Meinerts Development Svcs Director / Brad Steinke a."' Human Resources Director Liz Riley /' ./ Economic Development / Director Steve Filipowicz Assistant to the City Manager Matt Busby _ OTHERS 4' A-0) ! 0 ( 0 . " I