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HomeMy WebLinkAbout2010 11.15 City Council Work Session Agenda Pp AC kF 64,0 ^ .� N. fi?`'s City o/Apache Junction Home of the S'r/perctrtron Al oifntaim 44'12014P* APACHE JUNCTION CITY COUNCIL WORK SESSION CITY COUNCIL CHAMBERS 300 EAST SUPERSTITION BOULEVARD i•. APACHE JUNCTION,ARIZONA 85219 Monday, November 15, 2010 7:00 PM AGENDA 1. CALL TO ORDER. 2 ROLL CALL. 3 DISCUSSION WITH MEMBERS OF THE HEALTH AND HUMAN SERVICES COMMISSION AND CITY STAFF REGARDING FUNDING RECOMMENDATIONS FOR FISCAL YEAR (FY)2010-2011. Discussion on Health and Human Services Commission agency funding recommendations for FY 2010-2011 Recommendations are to fund five agencies to provide in-city services for a total amount of$80,000 4. DISCUSSION ON AN INTERGOVERNMENTAL AGREEMENT WITH MARICOPA COUNTY FOR TRAFFIC SIGNALIZATION AND INTERSECTION IMPROVEMENTS AT SOUTHERN AVENUE AND MERIDIAN ROAD Discussion on entering into an intergovernmental agreement with Mancopa County for traffic signalization and intersection improvements at Southern Avenue and Meridian Road Staff will present information on the mutual benefits of entering into the intergovernmental agreement for discussion and Council consideration 5. PRESENTATION AND DISCUSSION ON A "MAIN STREET" CROSS-SECTION DESIGN The Downtown Redevelopment and Implementation Strategy adopted by the City Council with the approval of Resolution No 10-34 recommends specific goals and strategies geared toward fostering revitalization in the downtown The strategy's accompanying work plan specifically called for the adoption of a"Main Street"cross-section as a pedestrian oriented street to be the standard street design within the Downtown Core, intended to incorporate urban and uniquely Apache Junction design elements Staff will be presenting this"Main Street" design,and will seek Council's approval of this design into the Engineering Design Guidelines at the December 7,2010 Council meeting 6 PRESENTATION AND DISCUSSION ON TEXT AMENDMENT CASE AM-2-10,A COMMISSION-INITIATED AMENDMENT TO THE EQUINE REGULATIONS TO REQUIRE ALL NEW COMMERCIAL HORSE BOARDING BUSINESSES BEING PROPOSED IN THE CITY TO BE APPROVED THROUGH A CONDITIONAL USE PERMIT PROCESS. At their Work Session on July 13,2010,the Commission indicated to Staff that they wanted new horse boarding businesses to be approved through a CUP process, and that the equine regulations be very specifically amended to address only that issue At their regular meeting on September 28,the Commission unanimously voted in favor of the proposed amendment 7. PRESENTATION AND DISCUSSION ON ORDINANCE NO 1362,A TEXT AMENDMENT TO THE CITY'S HOME- BASED OCCUPATION DEFINITION (AM-2-08). This case is a city-initiated text amendment to the City's definition of Home-Based Occupations Proposed is an amendment to Article 5 (Definitions)and Article 6(General Provisions)for this new amendment This case was presented to Council at their Work Session on October 18,2010 8 PROPOSED INTERGOVERNMENTAL AGREEMENT WTIH PINAL COUNTY FOR ELECTION AND VOTER REGISTRATION SERVICES FOR SPRING 2011 ELECTIONS. This agreement would provide required election-related services for the March 2011 and May 2011 elections 9 DISCUSSION ON AGREEMENT W' ARIZONA REPUBLIC FOR LEGAL AP"FRTISING FOR THE 2011 CALENDAR YEAR. The current agreement for legal advertising with the Arizona Republic expires on December 31 This item allows for discussion of proposed rate changes 10 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 p 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. ak Ip hC fit✓Gti �► .r City ofApache junciion 3ro 2 Home o the Superstition ti 10,t/?tdz/t.s tlt‘ Print TO City Manager's Office FROM: Kathleen Connelly, City Clerk DATE: November 15, 2010 Agenda Type : Work Session Agenda Council Priority Focus Area: Communication/Outreach TITLE OF AGENDA ITEM: DISCUSSION WITH MEMBERS OF THE HEALTH AND HUMAN SERVICES COMMISSION AND CITY STAFF REGARDING FUNDING RECOMMENDATIONS FOR FISCAL YEAR (FY) 2010-2011 ACTION REQUESTED: Presentation and Discussion DISCUSSION / BACKGROUND INFORMATION: Discussion on Health and Human Services Commission agency funding recommendations for FY 2010-2011 Recommendations are to fund five agencies to provide in-city services for a total amount of $80,000. FISCAL IMPACT. Budgeted Expenditure OPTIONS/ALTERNATIVES: �1ECOMMENDATION: Discussion only Council may choose to act on agency contracts at the November16, 2010 meeting ATTACHMENTS. Click to download No Attachments Available pAGHF �• +� ° o�f Apache j ncuon Home of the Superctitron .w oujztain 4PIZOto. 8 Print TO: City Manager's Office FROM: Giao Pham, P.E. City Engineer DATE: November 15, 2010 Agenda Type : Work Session Agenda Council Priority Focus Area: Community Infrastructure TITLE OF AGENDA ITEM: DISCUSSION ON AN INTERGOVERNMENTAL AGREEMENT WITH MARICOPA COUNTY FOR TRAFFIC SIGNALIZATION AND INTERSECTION IMPROVEMENTS AT SOUTHERN AVENUE AND MERIDIAN ROAD ACTION REQUESTED. Recommendation for Approval DISCUSSION/ BACKGROUND INFORMATION: Discussion on entering into an intergovernmental agreement with Maricopa County for traffic signalization and intersection improvements at Southern Avenue and Meridian Road Staff will present information on the mutual benefits of entering into the intergovernmental agreement for discussion and Council consideration FISCAL IMPACT: OPTIONS/ALTERNATIVES: RECOMMENDATION: Approval ATTACHMENTS: Click to download ❑ Memo to Council D Final Version Resolution 10-40 pg'p'che✓ .4 y Public Works Department z City of Ap a ch e QiZovxp Junction o Home of the Superstition Mountains Date November 4, 2010 To Mayor and Members of the City Council Through George Hoffman, City Manager David Fern, Public Works Director From Giao Pham, City Engineer Subject Intergovernmental Agreement with Maricopa County Maricopa County initiated a project scoping study in April 2009 to assess the intersection of Southern Avenue and Meridian Road It was determined at that time that the intersection met warrants for the installation of a traffic signal Installation of a traffic signal at this intersection requires geometric improvements to add left turn lanes, upgrading of drainage facilities, pedestrian ramps and guardrail on the west approach to the intersection. Right-of-way acquisitions will be required for the northwest, northeast and southeast corners of the intersection The current estimated total cost for the Project is $2 7 Million Construction of the Project is anticipated to begin in FY2013 Upon substantial completion and acceptance of the Project, the City shall remit payment to the County for 50% of the total Project costs or$700,000, whichever is less Maricopa County and City staff developed the enclosed IGA for City Council's consideration as a continuance of this effort This agreement will capitalize on joint savings for Intersection and Drainage Improvements. 575 E Baseline Avenue, Apache Junction, AZ 85219 • Voice (480) 982-1055 • FAX (480) 983-5752 or(480) 982-8005 eIN RESOLUTION NO. 10-40 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AUTHORIZING THE CITY TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT WITH MARICOPA COUNTY (DEPARTMENT OF TRANSPORTATION) FOR TRAFFIC SIGNALIZATION AND INTERSECTION IMPROVEMENTS AT SOUTHERN AVENUE AND eN MERIDIAN ROAD. WHEREAS, A.R.S. §§ 11-251 and 28-6701 et seq. authorize Maricopa County (the "County") to layout, maintain, control and manage public roads within the County, and WHEREAS, A R S § 11-951 et seq authorizes public agencies to enter into intergovernmental agreements for the provision of services or for joint or cooperative action; and WHEREAS, in April 2009, the County initiated a scoping study to assess the intersection of Southern Avenue and Meridian Road (the "Intersection") , and it was determined that the intersection meets warrants for the installation of a traffic signal, and WHEREAS, the Intersection is partially located within the City of Apache Junction (the "City") corporate limits and also the County' s jurisdiction; and WHEREAS, installation of a traffic signal at the Intersection requires geometric improvements to add left turn lanes, upgrading of drainage facilities, pedestrian ramps and a guardrail on the west approach to the Intersection (the /,, "Project") ; and WHEREAS, right-of-way acquisitions will be required for the northwest, northeast and southeast corners of the Intersection; and WHEREAS, the current estimated total cost for the Project is $2.7 million, $700, 000 of which will be the City' s responsibility; and WHEREAS, construction of the Project is anticipated to begin in fiscal year 2013, and RESOLUTION NO. 10-40 PAGE 1 OF 2 ems es WHEREAS, the County and the City have created an agreement that identifies and defines the responsibilities of each party for cost sharing, design, environmental clearance, utilities and utility relocation, construction, construction management, and right-of-way acquisitions of the roadway. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION ARIZONA, AS FOLLOWS: ems 1) The Mayor and City Council approve the intergovernmental agreement between the City and the County, attached hereto as Attachment A, and the Mayor is hereby authorized to sign the agreement on behalf of the City 2) The City Manager or his designee is authorized and directed to take all steps necessary to carry out the purpose and intent of this resolution. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS DAY OF 2010 SIGNED AND ATTESTED TO THIS DAY OF , 2010 JOHN S. INSALACO Mayor ATTEST: KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM: RICHARD J. STERN City Attorney RESOLUTION NO. 10-40 PAGE 2 OF 2 ATTACHMENT A INTERGOVERNMENTAL AGREEMENT BETWEEN MARICOPA COUNTY AND THE CITY OF APACHE JUNCTION FOR TRAFFIC SIGNALIZATION AND INTERSECTION IMPROVEMENTS AT SOUTHERN AVENUE AND MERIDIAN ROAD (MCDOT Project #TT315) (C-91-11- -2-00) This Intergovernmental Agreement ("Agreement") is between the County of Mancopa, a political subdivision of the State, acting through the Maricopa County Department of Transportation ("County"), and the City of Apache Junction, an Arizona municipal corporation ("City"). The County and the City are collectively referred to as the "Parties" or individually as a "Party" This Agreement shall become effective as of the date it is approved by the Mancopa County Board of Supervisors and may be recorded with the Mancopa County Recorder. STATUTORY AUTHORIZATION 1 A R S §11-251 and §§28-6701 et seq. authorize the County to layout, maintain, control and manage public roads within the County. 2. A.R.S. §§11-951 et seq authorize public agencies to enter into Intergovernmental Agreements for the provision of services or for joint or cooperative action. BACKGROUND 3 The County initiated a project scoping study in April 2009 to assess the intersection of Southern Avenue and Meridian Road. It was determined at that time that the intersection met warrants for the installation of a traffic signal 4 Installation of a traffic signal at this intersection requires geometric improvements to add left turn lanes, upgrading of drainage facilities, pedestrian ramps and guardrail on the west approach to the intersection 5. Right-of-way acquisitions will be required for the northwest, northeast and southeast corners of the intersection Page 1 of 7 6. The current estimated total cost for the Project is $2 7 Million 7. Construction of the Project is anticipated to begin in FY2013 PURPOSE OF THE AGREEMENT 8 The purpose of this Agreement is to identify and define the responsibilities of the County and the City for the cost sharing, design, environmental clearance, utilities and utility relocation, construction, construction management, and right-of-way acquisitions of the roadway TERMS OF THE AGREEMENT 9 Responsibilities of the County: 9 1 The County shall coordinate with the City for all phases of the Project 9 2 The County shall provide to the City a set of final 100% sealed plans and specifications. 9 3 The County shall act as lead agency for the Project to include, but not be limited to, design, environmental clearance, utilities and utility relocation, construction and construction management of this Project. 9 4 The County shall take the lead in creating the required documents for right-of-way acquisitions and will manage the overall acquisition process, and if necessary assist in negotiations for final right of way This process will include, but not be limited to, obtaining the title reports, drafting the legal descriptions, and completing the appraisals for the Project area i. The County will be responsible for completing the right-of-way acquisition on the northwest corner of the Project area, including utilizing condemnation if necessary u. The County will obtain title reports, draft the legal descriptions, and will complete appraisals for all three corners of the intersection. 9 5 Upon substantial completion of the Project, the County shall invoice the City for 50% of the total Project costs or $700,000, whichever is less I. The County will be responsible for 100% of any additional Project costs after the City has satisfied its $700,000 cost share responsibility 9 6 The County shall retain ownership, operation and maintenance responsibilities for the traffic signal at the Project intersection. Page 2 of 7 9.7 The County shall be responsible for the operation and maintenance of storm drainage improvements within the County's right-of-way. 10. Responsibilities of the City: 10 1 The City shall coordinate with the County for all phases of the Project. 10.2 The City shall review the plans and specifications provided by the County within 15 calendar days of receipt. 10 3 Upon the execution of this Agreement, the City shall issue a letter of authorization for the County to proceed with utility relocations, pot-holing and other Project — associated activities within the City's jurisdictional boundaries. 10 4 The City shall issue no fee permits to the County for Project — related work conducted in the City's jurisdictional boundaries. 10.5 The City shall collaborate with the County in the completion of the technical aspects of the right-of-way acquisition process to include, but not be limited to, obtaining title reports, drafting legal descriptions, and completing appraisals i The City will use right-of-way documentation prepared by the County (i.e. title reports, legal descriptions, appraisals, etc ) and will participate with the County to complete acquisitions on the northeast and southeast corner of Project area. ii If condemnation action(s) is needed to accomplish the right of way acquisition described in 10.5.1, the City shall be responsible to facilitate such proceedings with either the City Attorney, or the Pinal County Attorney, depending on the applicable jurisdiction. iii The failure of the City to persuade Pinal County to use the power of condemnation/eminent domain for right-of-way acquisition shall not result any liability to the City and City shall not pay any monetary damages for such failure regardless of the effect such inability to acquire such property has on completion of the Project. 10.6 Upon substantial completion and acceptance of the Project, the City shall remit payment to the County for 50% of the total Project costs or $700,000, whichever is less i. The City shall remit payment within thirty (30) calendar days of the receipt of a proper invoice. Page 3 of 7 GENERAL TERMS AND CONDITIONS 11. By entering into this Agreement, the Parties agree that to the extent permitted by law, each Party will indemnify and save the other Parties harmless, including any of the Parties' departments, agencies, officers, employees, elected officials or agents, from and against all loss, expense, damage or claim of any nature whatsoever which is caused by any activity, condition or event arising out of the performance or nonperformance by the indemnifying Party of any of the provisions of this Agreement By entering into this Agreement, each Party indemnifies the other against all liability, losses and damages of any nature for or on account of any injuries or death of persons or damages to or destruction of property arising out of, pertaining to, or in any way connected with the performance or nonperformance of this Agreement, except such injury or damage as shall have been occasioned by the negligence of that other Party The damages which are the subject of this indemnity shall include but not be limited to the damages incurred by any Party, its departments, agencies, appointees, officers, employees, elected officials or agents. In the event of an action, the damages which are the subject of this indemnity shall include costs, expenses of litigation and reasonable attorney fees 12. This Agreement shall become effective as of the date it is approved by the Maricopa County Board of Supervisors and may be recorded with the Mancopa County Recorder, and remain in full force and effect until all stipulations previously indicated have been satisfied except that it may be amended upon written Agreement by all Parties Any Party may terminate this Agreement upon furnishing the other Parties with a written notice at least thirty (30) calendar days prior to the effective termination date 13. This Agreement shall be subject to the provisions of A.R.S. §38-511. 14 The Parties warrant that they are in compliance with A R S § 41-4401 and further acknowledge that: 14 1 Any contractor or subcontractor who is contracted by a Party to perform work on .-. the Project shall warrant their compliance with all federal immigration laws and regulations that relate to their employees and their compliance with A R S § 23- 214(A) and shall keep a record of the verification for the duration of the employee's employment or at least three years, whichever is longer; 14.2 That any breach of the warranty, shall be deemed a material breach of the contract that is subject to penalties up to and including termination of the contract, 14 3 The Parties retain the legal right to inspect the papers of any contractor or subcontractor employee who works on the Project to ensure that the contractor or subcontractor is complying with the warranty above and that the contractor agrees to make all papers and employment records of said employee available during normal working hours in order to facilitate such an inspection, 14.4 Nothing in this Agreement shall make any contractor or subcontractor an agent or employee of the Parties to this Agreement Page 4 of 7 i i 15 The Parties warrant that they do not have scrutinized business operations in Sudan or Iran, as prohibited by ARS §§ 35-391 06 and 35-393 06, and further acknowledge that any contractor or subcontractor who is contracted by a party to perform work on the Project shall warrant that they do not have scrutinized business operations in Sudan or Iran. 16 Each Party in this Agreement warrants that neither it nor any contractor or vendor under contract with the Party to provide goods or services toward the accomplishment of the objectives of this Agreement are not suspended or debarred by any federal agency which has provided funding that will be used in the Project described in this Agreement. 17 This Agreement does not imply authority to perform any tasks, or accept any responsibility, not expressly stated in this Agreement 18 This Agreement does not create a duty or responsibility unless the intention to do so is clearly and unambiguously stated in this Agreement. 19. This Agreement shall not be modified or extended except by written instrument adopted under the requirements for adopting a new agreement 20. This Agreement does not grant authority to control the subject roadway, except to the extent necessary to perform the tasks expressly undertaken pursuant to this Agreement. 21 Any funding provided for in this Agreement, other than in the current fiscal year, is contingent upon being budgeted and appropriated by the Maricopa County Board of Supervisors and the Apache Junction City Council in such fiscal year 22. This Agreement has been arrived at by negotiation and shall not be construed against any Party or against the Party who prepared the last draft End of Agreement- Signature Pages Follow Page 5of7 SIGNATURE PAGE(S) MARICOPA COUNTY Recommended by: John B Hauskins, P E Date Transportation Director Approved and Accepted by. Don Stapley Date Chairman, Board of Supervisors Attest by: Fran McCarroll Date Clerk of the Board APPROVAL OF COUNTY BOS ATTORNEY I hereby state that I have reviewed the proposed Intergovernmental Agreement and declare the Agreement to be in proper form and within the powers and authority granted to the Parties by their respective governing bodies under the laws of the State of Arizona. BOS Attorney Date Page 6 of 7 CITY OF APACHE JUNCTION Recommended by: George Hoffman Date Town Manager Approved and Accepted by: John S Insalaco Date Mayor Attest by: Kathy Connelly Date City Clerk APPROVAL OF CITY ATTORNEY I hereby state that I have reviewed the proposed Intergovernmental Agreement and declare the Agreement to be in proper form and within the powers and authority granted to the Parties by their respective governing bodies under the laws of the State of Arizona. R J Stern Date City Attorney Page 7of7 • City aj Apache junction Home 04 . i!pet:ciitzot1 , iouiztwn s' 4 Pizoto" Print TO: City Manager's Office FROM: Bryant Powell, Assistant City Manager DATE• November 15, 2010 Agenda Type : Work Session Agenda Council Priority Focus Area: Community Development TITLE OF AGENDA ITEM: PRESENTATION AND DISCUSSION ON A"MAIN STREET" CROSS-SECTION DESIGN ACTION REQUESTED: Presentation and Discussion DISCUSSION / BACKGROUND INFORMATION: The Downtown Redevelopment and Implementation Strategy adopted by the City Council with the approval of Resolution No. 10-34 recommends specific goals and strategies geared toward fostering revitalization in the downtown. The strategy's accompanying work plan specifically called for the adoption of a "Main Street" cross-section as a pedestrian oriented street to be the standard street design within the Downtown Core, intended to incorporate urban and uniquely Apache Junction design elements. Staff will be presenting this "Main Street" design, and will seek Council's approval of this design into the Engineering Design Guidelines at the December 7, 2010 Council meeting FISCAL IMPACT: OPTIONS/ALTERNATIVES RECOMMENDATION: ATTACHMENTS- cluck to download No Attachments Available Pp♦1GHE✓t/ Am. Ca0 o/Apache Junction Home of the Superctition AJo/mmfurns P1ZOI4P` Print TO: City Manager's Office FROM. Rudy Esquivias, Senior Planner/Zoning Administrator DATE: November 15, 2010 Agenda Type : Work Session Agenda Council Priority Focus Area: Additional Item Outside Scope of Identified Council Priorities TITLE OF AGENDA ITEM: PRESENTATION AND DISCUSSION ON TEXT AMENDMENT CASE AM-2-10, A COMMISSION-INITIATED AMENDMENT TO THE EQUINE REGULATIONS TO REQUIRE ALL NEW COMMERCIAL HORSE BOARDING BUSINESSES BEING PROPOSED IN THE CITY TO BE APPROVED THROUGH A CONDITIONAL USE PERMIT PROCESS. ACTION REQUESTED: Presentation and Discussion DISCUSSION / BACKGROUND INFORMATION: At their Work Session on July 13, 2010, the Commission indicated to Staff that they wanted new horse boarding businesses to be approved through a CUP process, and that the equine regulations be very specifically amended to address only that issue. At their regular meeting on September 28, the Commission unanimously voted in favor of the proposed amendment FISCAL IMPACT: Budgetary Approval Not Required OPTIC/ALTERNATIVES. ' Zoning Ordinance Requirement RECOMMENDATION: Presentation and discussion only. ATTACHMENTS: Click to download ❑ AM-2 10 CC WS Cover Memo D Draft Ord 1369 D AM-2-10 PZ Report ❑ Equine Regs with change D 1st Draft Ord a..0001i1 .pCH 0 City of Apache Junction U z z 4HO,SP Development Services Department DATE: November 15, 2010 MEMO TO: Honorable Mayor and City Council Members THROUGH. George Hoffman, City Manager Brad Steinke, Development Services Director Fred Baker, Planning Manager FROM. Rudy Esquivias, Senior Planner/Zoning Admin. SUBJECT. Nov. 15, 2010, City Council Work Session Item: Case AM-2-10 - Proposed Text Amendment to Require a Conditional Use Permit for New Commercial Horse Boarding business requests Summary At their work session of July 13, 2010, the P&Z Commission gave Planning Staff the go ahead to draft language to amend Section 6 0130 Equine Regulations, to require an applicant proposing to establish a new commercial horse boarding business in the City to first get approval through a Conditional Use Permit (CUP) process . The Commission' s desire was to make a very narrowly tailored amendment to the regulations to address only that specific issue. P&Z Commission Meetings and Recommendation The Planning and Zoning Commission held a work session on September 14, 2010, and a public hearing on September 28, 2010, where they discussed proposed language recommended by Staff to amend the ordinance as directed. On September 28, the Commission voted unanimously to recommend in favor of the text amendment which is presented in the attached draft Ordinance No 1369. If Council ultimately chooses to approve this amendment to the Equine Regulations as is, only a person who proposes to establish a new horse boarding businesses in the City would be required to apply for a Conditional Use Permit. Operators of existing, lawful and licensed horse boarding businesses would not be required to apply for a CUP retroactively Tonight' s item is presented for discussion purposes only. Attached Draft Ord. #1369, Sept 28, 2010, P&Z Staff Report w/Attachments (11-15-10 DRAFT) ORDINANCE NO 1369 AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AMENDING THE APACHE JUNCTION CITY CODE, VOLUME II, LAND DEVELOPMENT CODE, CHAPTER 1, ZONING ORDINANCE, ARTICLE 6, / \ GENERAL PROVISIONS AND EXCEPTIONS, BY AMENDING SECTION 6.0130 EQUINE REGULATIONS, IN CASE AM-2-10; REPEALING ANY CONFLICTING PROVISIONS; AND PROVIDING FOR SEVERABILITY. WHEREAS, the City Council adopted Ordinance No 408 on October 15, 1985, which amended the City's Zoning Ordinance, Article 6 General Provisions and Exceptions, by adding Section 6.0130 Equine Regulations; and WHEREAS, pursuant to Ordinance No. 1343, approved on July 7, 2009, and Ordinance No 1345, approved on September 15, 2009, substantial changes were made to the Equine Regulations as recommended by the Planning and Zoning Commission and approved by the City Council, to clarify, expand upon and improve the city's regulations pertaining to commercial horse boarding businesses and the uses and activities related thereto; and WHEREAS, after holding further discussions, work sessions and a public hearing on September 28, 2010, the Planning and Zoning Commission voted to recommend approval of a new amendment to the Equine Regulations to require a Conditional Use Permit process for proposed new commercial horse boarding businesses; and WHEREAS, the City Council finds that a Conditional Use Permit process will serve to better inform and solicit input from neighboring citizens with regard to the location and scope of commercial horse boarding businesses, particularly in rural single-family residential areas. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AS FOLLOWS: SECTION I IN GENERAL The Apache Junction City Code, Volume II, Land Development Code, Chapter 1, Zoning Ordinance, Article 6, General Provisions and Exceptions, Section 6.0130 Equine Regulations, shall be amended as follows. ORDINANCE NO. 1369 PAGE 1 OF 3 Section 6. 0130 (b) (2) shall be amended to read as follows: 2 . Approval of a Conditional Use Permit (CUP) , pursuant to the procedures set forth in the City of Apache Junction Zoning Ordinance, Section 6 0101, shall be required prior to any new commercial horse boarding business being established in the City subsequent to the effective date of this ordinance (amended on [date]) . The following regulations shall also apply to the owners or operators of lawfully established and licensed commercial horse boarding facilities who propose to allow horse boarders to park and store their horse trailers on-site. SECTION II: REPEALING ANY CONFLICTING PROVISIONS All ordinances and parts of ordinances in conflict with the provisions of this ordinance 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 code adopted herein by reference, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions thereof. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS DAY OF , 2010. SIGNED AND ATTESTED TO THIS DAY OF , 2010. JOHN S. INSALACO Mayor ATTEST: KATHLEEN CONNELLY City Clerk ORDINANCE NO 1369 PAGE 2 OF 3 APPROVED AS TO FORM: RICHARD JOEL STERN City Attorney p ORDINANCE NO. 1369 PAGE 3 OF 3 Qp pcHea cT It y City of Apache Junction 4/i101' Development Services Department DATE. September 28, 2010 MEMO TO. Planning and Zoning Commission THROUGH. Brad Steinke, Development Services Director Fred Baker, Planning Manager FROM. Rudy Esquivias, Senior Planner/Zoning Admin. SUBJECT : Sept . 28, 2010, P&Z Commission Public Hearing. Case AM-2-10 Proposed Text Amendment : Conditional Use Permit for Commercial Horse Boarding business requests . Summary At their work session of July 13, 2010, the P&Z Commission indicated an interest in having Staff draft language to amend Section 6 0130 Equine Regulations, to require an applicant proposing to establish a new commercial horse boarding business in the City to first get approval through a Conditional Use Permit (CUP) process . The Commission' s desire was to make a very narrowly tailored amendment to the regulations to address only that specific issue. P&Z Commission Work Session At their work session on September 14, 2010, Staff presented to the Commission the proposed language under the Recommended Motion, which amends the Equine Regulations to require a CUP for new horse boarding businesses The Commission seemed agreeable to the proposed amendment language Staff now presents the proposed text amendment for the Commission' s recommendation. Attached to this report is a complete copy of the Equine Regulations (as approved within the last year or so by Ordinance Nos 1343 and 1345) , annotated with the narrowly tailored specific language changes shown. Also attached is a draft Ordinance. ON ON Recommended Motion I move that the Planning and Zoning Commission recommend to the Apache Junction City Council the (APPROVAL/DENIAL) of case AM-2- 10, a City-initiated Zoning Ordinance text amendment to the Apache Junction City Code, Volume II, Land Development Code, Chapter 1, Zoning Ordinance, specific to Article 6 General OIN Provisions and Exceptions, proposing to amend Section 6 0130 Equine Regulations, as follows: Section 6. 0130 (b) (2) shall be amended to read as follows: 2 . Approval of a Conditional Use Permit (CUP) , pursuant to the procedures set forth in the City of Apache Junction Zoning Ordinance, Section 6 0101, shall be required prior to any new commercial horse boarding business being established in the city subsequent to the effective date of this ordinance (amended on [date]) The following regulations shall also apply to the owners or operators of lawfully established and licensed commercial horse boarding facilities who propose to allow horse boarders to park and store their horse trailers on-site The reasons for this recommendation are: 1) The requirement of a CUP process for new commercial horse boarding businesses will help to better inform neighboring citizens with regard to the location and scope of activities of a proposed business . 2) The CUP process should help to facilitate more citizen input with regard to the establishment of new commercial horse boarding businesses, particularly in rural single- family residential areas Attachments - Complete Equine Regs. with annotated changes - Draft Ordinance CASE AM-2-10 PROPOSED CHANGES TO EQUINE REGULATIONS TO REQUIRE A C.U. P. FOR NEW HORSE BOARDING BUSINESSES (9/28/10 Draft. :trikcthrough3 = Deletions, Highlights = Additions) The Apache Junction City Code, Volume II, Land Development Code, Chapter 1, Zoning Ordinance, Article 6, General Provisions and Exceptions, Section 6 0130 Equine Regulations, is proposed to be amended as follows• SECTION 6. 0130 EQUINE REGULATIONS a. General Equine Regulations The following regulations contained herein shall be applicable to the keeping of horses and all other members of the equine family including donkeys and mules in the City (Refer to Chapter 6 of the City Code for additional regulations pertaining to the keeping of animals ) 1 The keeping of horses for personal use and the training (but not boarding) of horses as an incidental business use, unless otherwise specifically permitted or prohibited in a zoning district' s regulations, shall be permitted only in residential zones and all lots for the keeping or training of horses shall have a minimum size of either one and one quarter (1-1/4) acres gross or one (1) acre net. 2 . The number of horses permitted on a lot, personally owned and enjoyed by the resident family of said lot, is not limited. However, the owner shall comply with the other regulations contained herein as well as any other applicable regulations of the City and any other agency having jurisdiction. 3 Horse rental stables, which include any enterprise providing horses and equipment rented on a time basis, and wherein the rented horses are permitted to be ridden away from the property either by individual renters, with a group or with a guide, shall be permitted where the rental use is a legal non-conforming use, or within areas designated as low density residential land use in the General Plan (regardless of zoning district) , subject to a Conditional Use Permit and subject to a minimum lot size requirement of ten (10) gross acres. 4 Accessory buildings and structures for the keeping of horses shall comply with the applicable regulations in Section 6 0116, except that for "shade structures" (a structure consisting of a roof supported by columns and used exclusively for the shading of livestock) shall not be considered a structure used for the keeping of animals or livestock, but shall comply with other applicable requirements of Section 6. 0116 Horse shade structures, barns, stables and tack sheds shall be allowed to make up an additional and separate 100 of lot coverage beyond that allowed for main ,^ buildings (home, detached garage, studio, non-horse-related workshop, guest house) of the underlying zoning district . b. Commercial Horse Boarding Regulations . 1 . Commercial horse boarding is defined as a properly zoned and licensed facility that commercially rents horse stalls on a lot of at least 2 . 5 gross acres in size and is designated as low density residential land use in the General Plan. 2 . Approval of a Conditional Use Permit (CUP) , pursuant to the procedures set forth in the City of Apache Junction Zoning Ordinance, Section 6. 0101, shall be required prior to any new commercial horse boarding business being established in the City subsequent to the effective date of this ordinance (amended on [date]) . The following regulations apply to all new commercial horse boarding facilities being established in the City subsequent to the effective date of this ordinance amendment (Ordinance No. 1343, effective August 6, 2000) . Thee-e following regulations shall also apply to the owners or operators of lawfully established and licensed commercial horse boarding facilities who propose to allow horse boarders to park and store their horse trailers on-site. 3 Licensed horse trailers owned by horse boarders may be parked on a commercial horse boarding property, but the number of horse trailers shall not exceed the total number of horses being boarded on site. The parking and/or storage of a horse trailer at a specific boarding facility shall not be permitted unless the owner of said trailer has a horse boarded at said facility at the same time. Horse trailers shall be setback a minimum of 4 feet from adjacent properties and 25 feet from public road rights-of-way Trailers shall be parked in a manner that does not interfere with safe traffic circulation and visibility as determined by the City. Prior to parking horse trailers on a commercial horse boarding property, the property owner/operator shall submit to the Development Services Department a properly scaled and dimensioned site plan that illustrates all existing buildings on the property with setbacks indicated, and the location and layout of the parking area for horse trailers . The Development Services Director, or his/her designee, shall review the plan and either approve, modify and approve, or disapprove the parking site plan based on an evaluation of safe traffic circulation and compliance with the standards identified above . Failure by the owner and/or operator of a boarding facility to operate as approved under this section shall be grounds for possible revocation of the business license of the facility. 4 . One (1) seasonal or full time commercial horse boarding ranch hand, along with his or her family, shall be allowed to reside on-site. The primary purpose and responsibility of the ranch hand is to assist in the management and care of the commercial boarding facility. The ranch hand shall be allowed to live in the main residential building or within a recreational vehicle The recreational vehicle may be permanently connected to waste, water, gas, and/or electrical service, or may operate as a self-contained unit . Construction of a conventional built home to accommodate the ranch hand shall not be allowed unless constructed and operated in accordance with the zoning code regulations regarding guest homes 5 An operator of a commercial horse boarding facility with an on-site residence may allow the restroom facilities of the residence to be used by patrons of the facility. Alternatively, the owner/operator may provide a portable chemical toilet ("porta-potty") subject to Development Services Department review and approval of a site plan that illustrates the location and screening of said toilet . 6. The operator of a horse boarding facility shall comply with all other City animal control requirements for health and safety, sanitation, odor vector control and other related issues . 7 . Social events and parties shall be subject to the same noise, parking, traffic and health and safety regulations applied to other residential properties within the City. 8 . Horse boarding businesses shall be allowed to operate 24 Ask ... hours/day, seven days/week. 9. Riding lessons and horse training services shall be allowed on commercial horse boarding properties . Commercial horse boarding facilities may also accommodate veterinarian, farrier, horse care specialists, and equine services visits to serve horses kept both on-site and off-site. 10 . Commercial horse boarding facilities shall be allowed one detached, double-sided, 32-square-foot sign to include the name of the facility and the property address . The sign may be externally lit, shall comply with Dark Sky regulations and shall not be animated. 11 . Horse shades, barns, stables, and tack sheds used by horse boarding businesses shall be allowed to make up an additional and separate 10o square footage of lot coverage beyond that allowed for main buildings (home, detached garage, studio, non-horse-related workshop, guest house) of the underlying zoning district 12 . Commercial horse boarding facilities shall control the run-off of waste material (including urine, manure, etc. ) from all corrals, stalls or arenas used for the training, running and/or exercising of horses from encroaching onto adjacent properties or rights-of-way. 13 Rental of camping sites for temporary overnight accom- modations of recreational vehicles ("RV" as defined in Article 5 Definitions of the Zoning Ordinance and including RV/horse trailer combination units, but excluding Park ow Models) , may be allowed on five (5) gross acres or larger commercial horse boarding properties, subject to a Conditional Use Permit ("CUP") approved by the Planning and Zoning Commission and the minimum standards outlined below. The privilege of a CUP to allow rental of RV camping sites under this section shall not apply to properties which have operated as unlawful or unlicensed boarding facilities, or which have not been granted letters of lawful non- conforming status by the City, or which have allowed their lawful non-conforming business status to lapse: a. A maximum stay of 6 months per calendar year per RV camper. b In addition to the main dwelling, no more than one (1) RV camping space for every one (1) gross acre of land area shall be allowed A guest house and/or a caretaker' s unit shall be counted in the maximum number of units or spaces allowed. c. All RVs as defined in this section, including their appurtenant structures must maintain a minimum separation of 6 feet from each other and 3 feet to a property line. d. An RV camping space shall contain no less than 1000 square feet and shall be at least 25 feet wide. e. A maximum of two vehicles per individual RV campsite are allowed, consisting of the RV and one passenger vehicle f. There shall be no more RV campsites than number of horses. The privilege of RV camping at a specific boarding facility shall not be extended to RV campers who do not have a horse boarded at said facility at the same time. g. Use of generators to charge batteries within the RV campsite is permitted between the hours of 8 am to 9 pm. h Properly permitted utility hookups and/or self-contained RV camping shall be allowed. No on-site dumping of sewage waste shall be allowed unless the boarding facility is connected to the sewer district system or unless other sewage disposal system solutions are permitted by the Pinal County Health Department. i . Standards regarding the impact of noise, light, smoke, fumes, and odor resulting from the RV camping activities shall be subject to local ordinance and subject to public nuisance laws . j . If the RV camping use fails to operate in accordance with the approved conditions of the conditional use permit and/or creates a public nuisance within the neighborhood, the Planning and Zoning Commission may revoke the conditional use permit. k. Plan submittal requirements for a conditional use permit to allow overnight RV camping shall comply with Section 6 0101 Conditional Use Permits of the City of Apache Junction Zoning Ordinance. 1 Areas where RVs are parked shall be improved to control fugitive dust particles (PM10) , as determined by the City Engineer (9-28-10 DRAFT) ORDINANCE NO 13 AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AMENDING THE APACHE JUNCTION CITY CODE, VOLUME II, LAND DEVELOPMENT CODE, CHAPTER 1, ZONING ORDINANCE, ARTICLE 6, GENERAL PROVISIONS AND EXCEPTIONS, BY AMENDING SECTION 6 0130 EQUINE REGULATIONS, IN CASE AM-2-10; REPEALING ANY CONFLICTING PROVISIONS, AND PROVIDING FOR SEVERABILITY. WHEREAS, the City Council adopted Ordinance No 408 on October 15, 1985, which amended the City's Zoning Ordinance, Article 6 General Provisions and Exceptions, by adding Section 6.0130 Equine Regulations; and WHEREAS, pursuant to Ordinance No. 1343, approved on July 7, 2009, and Ordinance No. 1345, approved on September 15, 2009, substantial changes were made to the Equine Regulations as recommended by the Planning and Zoning Commission and approved by the City Council, to clarify, expand upon and improve the city's regulations pertaining to commercial horse boarding businesses and the uses and activities related thereto; and WHEREAS, after holding further discussions, work sessions and a public hearing on September 28, 2010, the Planning and Zoning Commission voted to recommend approval of a new amendment to the Equine Regulations to require a Conditional Use Permit process for proposed new commercial horse boarding businesses; and WHEREAS, the City Council finds that a Conditional Use Permit process will serve to better inform and solicit input from neighboring citizens with regard to the location and scope of commercial horse boarding businesses, particularly in rural single-family residential areas. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AS FOLLOWS. SECTION I IN GENERAL The Apache Junction City Code, Volume II, Land Development Code, Chapter 1, Zoning Ordinance, Article 6, General Provisions and Exceptions, Section 6.0130 Equine Regulations, shall be amended as follows. ORDINANCE NO. 13 PAGE 1 OF oft. Aom• Section 6. 0130 (b) (2) shall be amended to read as follows - 2 . Approval of a Conditional Use Permit (CUP) , pursuant to the procedures set forth in the City of Apache Junction Zoning Ordinance, Section 6. 0101, shall be required prior to any new commercial horse boarding business being established in the City subsequent to the effective date of this ordinance (amended on [date] ) . The following regulations shall also apply to the owners or operators of lawfully established and licensed commercial horse boarding facilities who propose to allow horse boarders to park and store their horse trailers on-site. SECTION II• REPEALING ANY CONFLICTING PROVISIONS All ordinances and parts of ordinances in conflict with the provisions of this ordinance 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 code adopted herein by reference, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions thereof. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS DAY OF , 2010 SIGNED AND ATTESTED TO THIS DAY OF , 2010. JOHN INSALACO Mayor ATTEST: KATHLEEN CONNELLY City Clerk ORDINANCE NO. 13 PAGE 2 OF APPROVED AS TO FORM. RICHARD JOEL STERN City Attorney (1144 ORDINANCE NO 13 PAGE 3 OF AC HE ^ �"■ _ r City o f Apache junction Home of the Superstition A?orrniain.s g Print TO City Manager's Office FROM: Todd Kennedy, Assistant Planner DATE: November 15, 2010 Agenda Type : Work Session Agenda Council Priority Focus Area: Community Development TITLE OF AGENDA ITEM: PRESENTATION AND DISCUSSION ON ORDINANCE NO 1362, A TEXT AMENDMENT TO THE CITY'S HOME-BASED OCCUPATION DEFINITION (AM-2-08) ACTION REQUESTED. Presentation and Discussion DISCUSSION / BACKGROUND INFORMATION: This case is a city-initiated text amendment to the City's definition of Home-Based Occupations. Proposed is an amendment to Article 5 (Definitions) and Article 6 (General Provisions) for this new amendment This case was presented to Council at their Work Session on October 18, 2010. FISCAL IMPACT. OPTIONS/ALTERNATIVES: RECOMMENDATION: No Recommendation ATTACHMENTS: Click to download D Staff Report ❑ Draft Resolution 10-39 ❑ Draft Ordinance No 1362 ❑ Proposed Ordinance Language ❑ PZ Staff Report ❑ PZ Draft Ordinance 1362 ❑ City Definition of Home-Based Occupations 1"\ Pp pc11 3 ti O n� U( } Z City of Apache Junction 4R zo' Development Services Department MEMORANDUM /'1 DATE: November 15t" Work Session TO The Honorable Mayor and City Council THROUGH: George Hoffman, City Manager THROUGH: Brad Steinke, Development Services Director Fred Baker, Planning Division Manager Rudy Esquivias, Senior Planner FROM: Todd Kennedy, Assistant Planner SUBJECT Work Session Discussion Item. AM-2-08/Proposed Ordinance #1362-Proposed changes to the City's definition of Home-Based Occupation and establishing regulations and criteria for Home-Based Occupations (HBOs). Proposal Description: This case is a text amendment to the Apache Junction City Code, Volume II, Land Development Code, Chapter 1, Zoning Ordinance,Article 5 Definitions, and Article 6 General Provisions and Exceptions proposing to amend the definition of "home- based occupation" by adding a reference to a new section; and adding a new — section (Section 6.0118), which better clarifies and establishes criteria for home- based occupations. Requests for HBOs are frequent in the City. The current definition (see attached) has fallen short of adequately encompassing and addressing the variety of types of requests the City receives for HBOs. This definition is the only reference in the Zoning Ordinance upon which staff relies to make a "zoning verification" when a request for a home-based business license is processed by the City Clerk's Office. The purpose of the text amendment is to improve, clarify, and expand upon our definition and regulations for a Home-Based Occupation. October 18,2010 AM-2-08 Page 2 of 2 October 18th Council Work Session This case was presented to City Council at their Work Session on October 18, 2010. At their work session, the following concerns were raised by the Council 1. It appeared there was some concern about "studios" not being allowed as HBOs and there was confusion of what a studio is After receiving that information, "studios" will not be listed as prohibited. 2 There was concern about certain retail uses being used as HBOs. Based on that discussion and the information received by Council, it was determined that HBOs acting as a store where products are purchased directly on-site should not be allowed. 3. The draft ordinance attempted to list some items that would be allowed (e.g., music, art, lessons, home day care, etc.). We agree with the council, however, that a complete listing of allowed uses is impossible, so we have therefore deleted the allowed uses and will let the criteria determine what types of uses will be allowed. Those concerns have been addressed and are highlighted in the attached draft ordinance. Attachments- 1. Draft Resolution #10-39 2. Draft Ordinance #1362 (with Council-requested changes) 3. Planning and Zoning Commission Staff Report with all attachments RESOLUTION NO. 10-39 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 "AMENDMENTS TO APACHE JUNCTION CITY CODE, VOLUME II, CHAPTER 1, ZONING ORDINANCE, ARTICLE 5 DEFINITIONS AND ARTICLE 6 I^ GENERAL PROVISIONS AND EXCEPTIONS". WHEREAS, Arizona Revised Statutes Annotated (hereinafter "A.R.S. ") § 9-802 permits municipalities to enact the provisions of a code or public record in existence without setting forth such provisions in full text as long as the adopting ordinance is published in full text and at least three copies of the code or public record 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 or public record include regulatory codes such as zoning ordinances, including those pertaining to zoning ordinance definitions and general provisions and exceptions; and WHEREAS, it is the intent of the City to declare such documents and compilations as public records, on file in the office of the City Clerk. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA AS FOLLOWS. SECTION I IN GENERAL That certain document entitled "Amendments to Apache Junction City Code, Volume II, Chapter 1, Zoning Ordinance, Article 5 DEFINITIONS and Article 6 GENERAL PROVISIONS AND EXCEPTIONS, " 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, shall be made available for public use and inspection, and shall remain on file with the City Clerk. RESOLUTION NO. 10-39 PAGE 1 OF 2 1 PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS DAY OF , 2010 SIGNED AND ATTESTED TO THIS DAY OF , 2010 . 0141 JOHN S. INSALACO Mayor ATTEST• KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM: RICHARD J STERN City Attorney RESOLUTION NO 10-39 PAGE 2 OF 2 .r DRAFT ORDINANCE NO. 1362 AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AMENDING THE APACHE JUNCTION CITY CODE, VOLUME II, LAND DEVELOPMENT CODE, CHAPTER 1, ZONING ORDINANCE, ARTICLE 5 DEFINITIONS AND ARTICLE 6 GENERAL PROVISIONS AND EXCEPTIONS, IN CASE AM-2-08 BY AMENDING AND ADDING PROVISONS PERTAINING TO HOME-BASED OCCUPATIONS; REPEALING ANY CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR PENALTIES. WHEREAS, this case was originally presented to the Planning and Zoning Commission on March 25, 2008, for discussion and at several additional Work Sessions for review and discussion; and WHEREAS, the current definition of "Home-Based Occupation" has fallen short of adequately encompassing and addressing the variety of types of requests the City receives for Home-Based Occupations; and WHEREAS, the proposed new text amendment clarifies and describes both the permitted and not-permitted uses, and criteria for establishing Home-Based Occupations; and WHEREAS, the Planning and Zoning Commission, at their meeting of September 28, 2010, recommended in favor of the amendments to the Definitions and General Provisions and Exceptions Sections of the Zoning Ordinance in Case No. AM- 2-08 by a vote of 6 to 1, and WHEREAS, Arizona Revised Statutes Annotated (herein after "A R S ") § 9-802 permits municipalities to enact the provisions of a code or public record theretofore in existence 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 or public record are filed in the office of the clerk of the municipality and are made available for public use and inspection; and ORDINANCE NO. 1362 PAGE 1 OF 3 WHEREAS, pursuant to A.R S §§ 9-801 (1) and 9-802, codes which may be adopted by reference include those relating to definitions and general provisions and exceptions; and WHEREAS, City staff has determined that for administrative efficiency, it is more appropriate to update the zoning ordinances for signs, billboards, nameplates, 061 and other outdoor advertising by amending Article 21 . NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF APACHE JUNCTION, ARIZONA, AS FOLLOWS. SECTION I IN GENERAL 1 . That existing Apache Junction City Code, Volume II, Land Development Code, Chapter 1, Zoning Ordinance, Article 5 DEFINITIONS and Article 6 GENERAL PROVISIONS AND EXCEPTIONS, is hereby amended 2 . That certain document known as "Amendments to Apache Junction City Code, Volume II, Chapter 1, Zoning Ordinance, Article 5 DEFINITIONS and Article 6 GENERAL PROVISIONS AND EXCEPTIONS, " three copies of which are on file in the office of the City Clerk of the City of Apache Junction, which document was made a public record by Resolution No. 10-39 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 PROVISIONS: All ordinances and parts of ordinances in conflict with the provisions of this ordinance are hereby repealed SECTION III PROVIDING FOR SEVERABILITY. If any section, sub-section, sentence, phrase, clause or portion of this ordinance, or any part of the code adopted herein by reference, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions thereof. ORDINANCE NO 1362 2 OF 3 SECTION IV PROVIDING FOR PENALTIES /1 'n After the City exhausts all of its civil violation procedures as referenced in the adopted regulations, any violation of any provisions adopted herein, shall be punishable as a Class 1 Misdemeanor consistent with Apache Junction City Code, Chapter 1, GENERAL, Article 1-8 PENALTY. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE es CITY OF APACHE JUNCTION, ARIZONA, THIS DAY OF 2010 . SIGNED AND ATTESTED TO THIS DAY OF , 2010. JOHN S. INSALACO Mayor ATTEST . KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM: RICHARD JOEL STERN City Attorney Ordinance No 1362 Page 3 of 3 AMENDMENTS TO APACHE JUNCTION CITY CODE , VOLUME II , CHAPTER 1 , ZONING ORDINANCE , ARTICLE 5 DEFINITIONS AND ARTICLE 6 GENERAL PROVISIONS AND EXCEPTIONS AMENDED SECTIONS SECTION 5.0101 DEFINITIONS SECTION 6 . 0118 GENERAL PROVISIONS AND EXCEPTIONS The Apache Junction City Code, Volume II Land Development Code, Chapter 1, Zoning Ordinance, Article 5 Definitions, Section 5 . 0101 shall be amended as follows . Home Based Occupation shall mean an activity carried on by the occupant of a dwelling as a secondary use, including professional and semi-professional offices, when conducted and entered from within the dwelling, in connection with which there is no public display of stock in-trade upon the premises, not more than one (1) nonresident of the premises is employed and not more than one-fourth of the floor area of one (1) story of the main building or a detached home workshop of not more than 200 square feet in area is used for such home occupation; and provided that the residential character of the dwelling is not changed by said use and that such occupation does not cause any sustained or unpleasant or unusual noises or vibrations, or noxious fumes or odors, which unreasonably interfere with the use and enjoyment of the surrounding property by their owners Ask or occupants, or cause any parking or traffic congestion in the immediate neighborhood. Home Based Occupations are subject to the provisions in Section 6. 0118 Home Based Occupations Permitted. The Apache Junction City Code, Volume II Land Development Code, Chapter 1, Zoning Ordinance, Article 6 General Provisions and Exceptions, Section 6. 0118 , shall be amended as follows: 6. 0118 HOME-BASED OCCUPATIONS PERMITTED 1 . PURPOSES. A. A home occupation is permitted as an accessory use in the districts shown in Table 6 - 1 . The purposes of the home occupation regulations and criteria are . 1) To establish criteria for operation of home-based occupations in residential dwelling units where allowed in various zoning districts, 2) To permit and regulate the conduct of home occupations as an accessory use in a dwelling unit, whether owner or renter-occupied; 3) To ensure that such home occupations are compatible with, and do not have a deleterious effect on adjacent and nearby residential properties and uses; 4) To ensure that public and private services such as streets, sewers, water or utility systems are not burdened by the home occupation to the extent that usage exceeds that normally associated with residential use; 5) To allow residents of the community to use their residences as places to enhance or fulfill personal economic goals, under certain specified standards, conditions, and criteria; 6) To enable the fair and consistent enforcement of these home occupation regulations, 7) To promote and protect the public health, safety and general welfare; 8) To ensure that all home-based occupations, which /m1 receive customers on-site, comply with minimum Building Code and ADA (American' s with Disabilities Act) requirements 2 CRITERIA. No home occupation, except as otherwise provided herein, may be initiated, established, or maintained in the city except in conformance with the regulations and criteria set forth in this Section. Home occupations are authorized if they comply with the following criteria in Table 6 - 1 . A check mark "Y" indicates that the criteria applies in the applicable district A check mark "NO" indicates that the criteria does not apply. 3. HOME OCCUPATIONS PERMITTED. A home occupation shall be operated and maintained in a manner that does not interfere with the peace, quiet and dignity of the neighborhood. 4 . HOME OCCUPATIONS NOT PERMITTED Amok The following list includes, but is not necessarily limited to, the uses that shall not be permitted as home occupations in Residential Zoning Districts : medical/dental office (excluding any type of psychological therapy, which may be allowed) ; motor vehicle repair or similar uses; vehicle restoration or conversion for commercial purposes; engine repair; furniture refinishing; gymnastic facilities; outdoor recreation activities; medical/cosmetic facilities for animals including animal care, pet grooming or boarding facilities (commercial horse boarding may be allowed subject to code requirements) ; machine shop/metal working; retail sales of inventoried and/or in-stock products directly from the premises; commercial food preparations and catering; contractor shops; mortuaries; medical procedures, body piercing and/or painting, tattoos; the use of a residence as a type of store, where products are purchased directly. 5 . UNSAFE HOME OCCUPATIONS . If any home occupation is deemed by the Development Services Director or his or her designee to be dangerous or unsafe, or presents a safety hazard to the public, the Aimak Development Services Director or designee shall issue an order to the dwelling owner and/or tenant of the property on which the home occupation in being undertaken to correct the dangerous or unsafe situation or terminate the use. The property owner and/or tenant shall be responsible for taking the necessary corrective steps or measures, but in the event of a failure to do so by the owner and/or tenant, after notice and a reasonable period of time, the Development Services Director or designee may take any and all available enforcement actions to render the home occupation and dwelling safe Costs incurred by the Development Services Director or designee, if forced to take enforcement actions, shall be borne by the property owner and shall be treated as a zoning violation. Table 6 - 1 Home Occupation Criteria by Zoning District *CR-1/ CR-4/ Residential CR-2/ uses in GR *R1-43 CR-3/ CR-5/ TH other Criteria R1-8 R-1 Zones 1 The home occupation shall conform with applicable state and county statutes, city ordinances and regulations and shall be reviewed by the Development Services Director or designee for compliance Y Y Y Y Y Y with the code. 2.The operator of a home- based business must be a Full- Y Y Y Y Y Y Time Resident of the premises. 3 Area devoted to home occupation use shall maintain a Y Y Y Y Y Y residential appearance 4 No more than one (1) non- resident employee shall be Y Y Y y y NO permitted to work at the home occupation 5 Not more than twenty-five percent (25%)gross floor area shall be used for the home Y Y Y Y Y NO occupation. 6. Customer hours shall be Y Y Y y y NO between 8 OOAM &8.00PM (*These districts include MH Districts) Notes to Council: • Numbers 3 and 4 above were reversed from their previous order. • Previous numbers 7 and 8, related to music, art (etc. ) , lessons, and home day care have been deleted. *CR-1/ CR-4/ Residential GR *R1-43 CR-2/ Uses in CR-5/ TH Criteria CR-3/ other R1-8 R-1 Zones 7 The home occupation operator shall demonstrate that public facilities& utilities are adequate Y Y Y Y Y Y to safely accommodate the home occupation 8 Storage of goods & materials shall be inside&shall not include flammable,combustible Y Y Y Y Y Y toxic/hazardous or explosive materials 9 Parking for home occupation customers shall be provided only in driveway&shall not create Y Y Y Y Y NO hazards or street congestion. 10 Outside storage of heavy equipment or material shall be Y Y Y Y Y Y screened from any public view. 11 No truck or van being used for the home occupation with a payload rating of more than one Y Y Y Y Y NO (1)ton shall be parked in a residential front yard 12 Any motorized/mechanized equipment shall be used only in a Y Y Y Y Y Y completely enclosed building 13 No generation of dust, odors, ... noise, or vibration by the home occupation shall be perceptible Y Y Y Y Y Y beyond the property line 14. Deliveries and pickups for home occupations shall occur only between 8:00 a.m. &8:00 Y Y Y Y Y NO p m and shall not block traffic circulation (*These districts include MH Districts . ) oink f �ACkE �P ✓��y O O City of Apache Junction 4141 0H' Development Services Department PLANNING AND ZONING COMMISSION DATE: September 28, 2010 CASE NUMBER: AM-2-08/Ordinance# 1362 APPLICANT: CITY OF APACHE JUNCTION REQUEST: DISCUSSION OF MODIFICATION OF THE ZONING ORDINANCE RELATING TO HOME-BASED OCCUPATIONS. LOCATION: CITYWIDE SUMMARY: This is a city-initiated text amendment to amend the Zoning Ordinance to better define new regulations pertaining to Home-Based Occupations(HBOs). An HBO is currently defined in Section 5.0101 "Definitions" of the City Zoning Ordinance. This definition (attached) has fallen short of adequately encompassing and addressing the variety of types of requests the City receives for HBOs. This definition is the only reference in the Zoning Ordinance upon which staff relies to make a "zoning verification" when a request for a home-based business license is processed by the City Clerk's Office. Staff often receives narratives that have only a few words describing their proposed business. That is normally not enough for staff to make a decision and the applicant needs to be contacted so more information can be obtained. Information relating to HBOs was presented at the Commission Work Session on April 13th, the Commission Public Hearing on April 27th, the Commission Work Session on June 8th, the Commission Work Session on July 13th and the Commission Work Session of September 14th. Since the previous Commission meeting, staff has made changes to the proposed draft language based on the comments received from Commission. Those changes include modifications to the criteria in the matrix and in the text, which are both included in the attached draft ordinance. Staff is proposing to amend Section 5.0101 "Definitions" to include a provision that refers to Section 6.0118 "General Provisions and Exceptions" where the new text amendment is proposed to be inserted into the City Zoning Ordinance. RECOMMENDED MOTION: I move that the Planning and Zoning Commission recommend to the Apache Junction City Council the (Approval/Denial) of Case No. AM-2-08, a City-Initiated Zoning Ordinance Text Amendment to the Apache Junction City Code, Volume II, Land Development Code, Chapter 1, Zoning Ordinance, specific to Article 5 Definitions and Article 6 General Provisions and Exceptions, proposing to amend Section 5.0101 and Section 6.0118, as follows: Section 5 0101 shall be amended to read as attached: Section 6.0118 shall be amended to read as attached• Todd Kennedy, Assistant Planner Attachments 1. Draft Ordinance #1362 2. Current Definition of a Home-Based Occupation. DRAFT ORDINANCE NO. 1362 AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AMENDING THE APACHE JUNCTION CITY CODE, VOLUME II, LAND DEVELOPMENT CODE, CHAPTER 1, ZONING ORDINANCE, ARTICLE 5 DEFINITIONS AND ARTICLE 6 GENERAL PROVISIONS AND EXCEPTIONS IN CASE imilk., AM-2-08 BY AMENDING THE PROVISONS OF HOME-BASED OCCUPATIONS, REPEALING ANY CONFLICTING PROVISIONS; AND PROVIDING FOR SEVERABILITY. WHEREAS, this case was presented to the Planning and Zoning Commission on March 25, 2008 and with several additional Work Sessions for review and discussion, and WHEREAS, the current Home-Based Occupation definition has fallen short of adequately encompassing and addressing the variety of types of requests the City receives for Home-Based Occupations; and WHEREAS, the proposed new text amendment clarifies and describes both the permitted and not permitted uses, and criteria for establishing Home-Based Occupations . NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF APACHE JUNCTION, ARIZONA, AS FOLLOWS. SECTION I IN GENERAL The Apache Junction City Code, Volume II, Land Development Code, Chapter 1, Zoning Ordinance, Article 5, Section 5 . 0101 Definitions shall be amended as follows : "Home Based Occupation shall mean an activity carried on by the occupant of a dwelling as a secondary use, including professional and semi-professional offices, when conducted and entered from within the dwelling, in connection with which there is no public display of stock in-trade upon the premises, not more than one (1) nonresident of the premises is employed and not more than one-fourth of the floor area of one (1) story of the main building or a detached home workshop of not more than 200 square feet in area is used for such home occupation; and provided that the residential Ordinance No. 1362 Page 1 of 7 character of the dwelling is not changed by said use and that such occupation does not cause any sustained or unpleasant or unusual noises or vibrations, or noxious fumes or odors, which unreasonably interfere with the use and enjoyment of the surrounding property by their owners or occupants, or cause any parking or traffic congestion in the immediate neighborhood. " Home Based Occupations are ON subject to the provisions in Section 6. 0118 General Provisions Home Based Occupations Permitted. Article 6 Section 6. 0118 General Provisions and Exceptions, shall be amended as follows - 6 . 0118 HOME-BASED OCCUPATIONS PERMITTED 1. PURPOSES A. A home occupation is permitted as an accessory use in the districts shown in Table 6 - 1 . The purposes of the home occupation regulations and criteria are. 1) To establish criteria for operation of home-based occupations in residential dwelling units where allowed in various zoning residential districts; 2) To permit and regulate the conduct of home occupations as an accessory use in a dwelling unit, whether owner or renter-occupied; 3) To ensure that such home occupations are compatible with, and do not have a deleterious effect on adjacent and nearby residential properties and uses; 4) To ensure that public and private services such as streets, sewers, water or utility systems are not burdened by the home occupation to the extent that usage exceeds that normally associated with residential use, 5) To allow residents of the community to use their residences as places to enhance or fulfill personal economic goals, under certain specified standards, conditions, and criteria; Ordinance No. 1362 Page 2 of 7 eS 6) To enable the fair and consistent enforcement of these home occupation regulations; 7) To promote and protect the public health, safety and general welfare; 8) To ensure that all home-based occupations, which receive customers on-site, comply with minimum egN Building Code and ADA (American' s with Disabilities Act) requirements. 2 . CRITERIA. No home occupation, except as otherwise provided herein, may be initiated, established, or maintained in the city except in conformance with the regulations and criteria set forth in this Section. Home occupations are authorized if they comply with the following criteria in Table 6 - 1 A check mark "Y" indicates that the criteria apply in the applicable district A check mark "NO" indicates that the criteria do not apply 3. HOME OCCUPATIONS PERMITTED A home occupation shall be operated and maintained in a manner that does not interfere with the peace, quiet and dignity of the neighborhood. 4 . HOME OCCUPATIONS NOT PERMITTED The following list includes, but is not necessarily limited to, the uses that shall not be permitted as home ^1 occupations in Residential Zoning Districts- medical/dental office (excluding any type of psychological therapy, which may be allowed) ; motor vehicle repair or similar uses; vehicle restoration or conversion for commercial purposes; engine repair; furniture refinishing; gymnastic facilities, studios or outdoor recreation activities; medical/cosmetic facilities for animals including animal care, pet grooming or boarding facilities (commercial horse boarding may be allowed subject to code requirements) ; machine shop/metal working; retail sales; commercial food preparations and catering; contractor shops, mortuaries, medical procedures, body piercing and/or painting, tattoos . Ordinance No. 1362 Page 3 of 7 5 UNSAFE HOME OCCUPATIONS If any home occupation is deemed by the Development Services Director or his or her designee to be dangerous or unsafe, or presents a safety hazard to the public, the Development Services Director or designee shall issue an order to the dwelling owner and/or tenant on the property ,^ on which the home occupation in being undertaken to correct the dangerous or unsafe situation or terminate the use. The property owner and/or tenant shall be responsible for taking the necessary corrective steps or measures, but in the event of a failure to do so by the owner and/or tenant, after notice and a reasonable period of time, the Development Services Director or designee may take any and all available enforcement actions to render the home occupation and dwelling safe. Costs incurred by the Development Services Director or designee, if forced to take enforcement actions, shall be borne by the property owner and shall be treated as a zoning violation. oak Ordinance No. 1362 Page 4 of 7 Table 6 - 1 Home Occupation Criteria by Zoning District CR-1/ CR-4 Residential GR R1-43 CR-2/ uses in CR-5/ TH Criteria CR-3/ other Rl-8 R-1 Zones 1. The home occupation shall conform with applicable state and county statutes, city ordinances and regulations and be reviewed by the Development Services Director or designee for compliance Y Y Y Y Y Y with the code. 2 The operator of a home- based business must be a Full- Y Y Y Y Y Y Time Resident 3 No more than one (1) non- resident employee shall be permitted to work at the home Y Y Y Y Y Y occupation. 4 Area devoted to home occupation use shall maintain a Y Y Y Y Y Y residential appearance. 5 Not more than twenty-five percent (25%)gross floor area shall be used for the home Y Y Y Y Y NO occupation. 6 Customer hours shall be Y Y Y Y Y NO between 8 OOAM & 8:00PM 7. Music, art, craft or similar home occupation lessons shall Y Y Y Y Y NO be allowed 8. Home Day Care shall be allowed for both children and Y Y Y Y Y NO adults. Ordinance No. 1362 Page 5 of 7 CR-1/ CR-4/ Residential GR R1-43 CR-2/ Uses in CR-5/ TH Criteria CR-3/ other R1-8 R-1 Zones 9 The home occupation operator shall demonstrate that public r. facilities& utilities are adequate Y Y Y Y Y Y to safely accommodate the home occupation 10 Storage of goods& materials shall be inside&shall not include flammable,combustible Y Y Y Y Y Y toxic/hazardous or explosive materials 11 Parking for home occupation customers shall be provided only in driveway&shall not create Y Y Y Y Y Y hazards or street congestion 12 Outside storage of heavy equipment or material shall be Y Y Y Y Y Y done away from any public view 13 No truck or van being used for the home occupation with a payload rating of more than one Y Y Y Y Y NO (1)ton shall be parked in a residential front yard 14 Any motorized/Mechanized equipment shall be used only in a Y Y Y Y Y Y completely enclosed building 15 No generation of dust, odors, noise, or vibration by the home occupation shall be perceptible Y Y Y Y Y Y beyond the property line 16. Deliveries and pickups for home occupations shall occur only between 8 00 a m &8 00 Y Y Y Y Y Y p m. and shall not block traffic circulation Ordinance No. 1362 Page 6 of 7 SECTION II REPEALING ANY CONFLICTING PROVISIONS• All ordinances and parts of ordinances in conflict with the provisions of this ordinance are hereby repealed SECTION III PROVIDING FOR SEVERABILITY: If any section, sub-section, sentence, phrase, clause or ems portion of this ordinance, or any part of the code adopted herein by reference, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions thereof PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS DAY OF , 2010 SIGNED AND ATTESTED TO THIS DAY OF , 2010 JOHN S. INSALACO Mayor ATTEST. ems KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM: RICHARD JOEL STERN City Attorney Ordinance No. 1362 Page 7 of 7 4-9ACHF✓ OkRiltarit b/~449/W A Way/ U ?� Home of the Supeisawn Mountains 4Rt o' HOME BASED OCCUPATION shall mean an activity carried on by the occupant of a dwelling as a secondary use, including professional and semi-professional offices when conducted and entered from within the dwelling, in connection with which there is no public display of stock in-trade upon the premises, not more than one (1) nonresident of the premises is employed and not more than one-fourth of the floor area of one (1) story of the main building or a detached home workshop of not more than 200 square feet in area is used for such home occupation and provided that the residential character of the dwelling is not changed by said use and that such occupation does not cause any sustained or unpleasant or unusual noises or vibrations or noxious fumes or odors which unreasonably interfere with the use and enjoyment of the surrounding property by their owners or occupants or cause any parking or traffic congestion in the immediate neighborhood •WW1.(480)982 8002 •I AX(480)982 7011 TDD(480)983 0095 awv aicity net 300 F Superstition Boulevard Apache Junction A/85219 psi ACHF d ++� ?� City o/ApacheJunwon Horne o/the ,cuper•cietrrjrr A9rrrjattar rc 4p�2ato' g Print TO: City Manager's Office FROM Kathy Connelly, City Clerk DATE November 15, 2010 Agenda Type : Work Session Agenda Council Priority Focus Area Required by Federal Law or State Statute TITLE OF AGENDA ITEM: PROPOSED INTERGOVERNMENTAL AGREEMENT WTIH PINAL COUNTY FOR ELECTION AND VOTER REGISTRATION SERVICES FOR SPRING 2011 ELECTIONS. ACTION REQUESTED: Presentation and Discussion DISCUSSION/ BACKGROUND INFORMATION: This agreement would provide required election-related services for the March 2011 and May 2011 elections FISCAL IMPACT. Budgeted Expenditure OPTIONS/ALTERNATIVES- RECOMMENDATION: ATTACHMENTS: Click to download No Attachments Available ti n �iome of the .S rfperi'titron 1 oimntairl.c 4Prrow* g Print TO. City Manager's Office FROM Kathy Connelly, City Clerk DATE November 15, 2010 Agenda Type : Work Session Agenda Council Priority Focus Area. Required by Federal Law or State Statute TITLE OF AGENDA ITEM: DISCUSSION ON AGREEMENT WITH ARIZONA REPUBLIC FOR LEGAL ADVERTISING FOR THE 2011 CALENDAR YEAR. ACTION REQUESTED: Presentation and Discussion DISCUSSION/ BACKGROUND INFORMATION: The current agreement for legal advertising with the Arizona Republic expires on December 31 This item allows for discussion of proposed rate changes. FISCAL IMPACT. Budgeted Expenditure OPTIONS/ALTERNATIVES "^RECOMMENDATION• ATTACHMENTS: Click to download No Attachments Available