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APACHE JUNCTION CITY COUNCIL WORK SESSION
CITY COUNCIL CHAMBERS
300 EAST SUPERSTITION BOULEVARD
APACHE JUNCTION,ARIZONA 85219
Monday, January 3, 2011
7:00 PM
AGENDA
1. CALL TO ORDER.
2. ROLL CALL.
3. PRESENTATION AND DISCUSSION OF DEVELOPMENT FEE ORDINANCE REQUIREMENT REGARDING
REPLACEMENT STRUCTURES.
Staff will present and discuss options regarding application of development fees for replacement structures
4. PRESENTATION AND DISCUSSION ON DOWNTOWN ZONING OVERLAY DISTRICT INCLUDING AN UPDATE AND
STATUS REPORT.
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 establishing a three zone concept with an even more specific task of creating zoning overlay districts for each of the
zones that reflect the special nature of the downtown and uniqueness of each of the three districts Staff will be presenting a status update on
the draft ordinance and discussing next steps including outreach and feedback on the draft ordinance via various stakeholder groups
This item is identified in the Fiscal Year 2010-2011 City Council Work Plan
A. PRESENTATION AND DISCUSSION ON QUARTERLY UPDATE ON DOWNTOWN REDEVELOPMENT AND
IMPLEMENTATION STRATEGY.
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 Resolution requires staff to provide a
quarterly update to the mayor and city council starting in January 2011 on the status of the items in the work plan,and any suggested staff
modifications thereto.
This item is identified in the Fiscal Year 2010-2011 City Council Work Plan
6. PRESENTATION AND DISCUSSION ON PROJECT PW 2010-09,PLAZA DRIVE IMPROVEMENTS IN AN AMOUNT
NOT TO EXCEED$458,400.00.
Staff is requesting that a contract be awarded to Visus Engineering Construction, Inc in an amount not to exceed$458,400 00 for the
completion of improvements on Plaza Drive
7. PRESENTATION AND DISCUSSION ON CASE AM-3-10,PROPOSED AMENDMENTS TO THE ZONING ORDINANCE
TO ALLOW HOSPITALS WHICH OFFER 24-HOUR EMERGENCY MEDICAL CARE TO HAVE PERMANENT SIGNS
IN THE CITY RIGHT-OF-WAY,SUBJECT TO CONDITIONS.
On August 17,2010,council directed planning staff to proceed drafting these amendments On November 23,2010,the Planning and Zoning
Commission voted to forward the attached amendments,which not only address hospital signs in the right-of-way,but hospital signs in general
8. DISCUSSION ON POSSIBLE AMENDMENTS TO ORDINANCE NO. 1285 RELATING TO WEAPONS DISPOSITION.
Recently there have been some interpretation and practical application challenges involving the weapons policy under Ordinance No 1285,
which currently mandates that firearms use ,the commission of a crime,including suicide,beokstroyed A discussion among the council to
clarify the policy is sought,with possible dii )n to staff on January 18th
This item is identified in the Fiscal Year 2010-2011 City Council Work Plan.
9. PRESENTATION AND DISCUSSION ON PROPOSED RESOLUTION NO.10-39 AND ORDINANCE NO.1362,A TEXT
AMENDMENT TO THE CITY'S HOME-BASED OCCUPATION DEFINITION(AM-2-08).
Presentation and discussion on proposed Resolution No 10-39 to adopt as a public record the city-initiated text amendment to the city's
definition of home-based occupations contained in Ordinance No 1362 Proposed is an amendment to Article 5(Definitions)and Article 6
(General Provisions)
At their meeting of September 28,2010 the Planning and Zoning Commission voted 6-1 to recommend to the city council approval the home-
based occupation text amendment
10. 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(CUP)
PROCESS.
At their work session on July 13,2010,the Planning and Zoning Commission indicated to staff that they wanted new horse boarding
businesses to be approved through a Conditional Use Permit(CUP)process,and that the equine regulations be very specifically amended to
address only that issue
At their regular meeting on September 28,2010,the commission unanimously voted in favor of the proposed amendment
11 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
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TO: City Manager's Office
FROM: Brad Steinke, Director of Development Services
DATE: January 3, 2011
Agenda Type : Work Session Agenda
Council Priority Focus Area: Community Development
TITLE OF AGENDA ITEM:
PRESENTATION AND DISCUSSION OF DEVELOPMENT FEE ORDINANCE REQUIREMENT REGARDING
REPLACEMENT STRUCTURES.
ACTION REQUESTED:
Presentation and Discussion
DISCUSSION/ BACKGROUND INFORMATION:
Staff will present and discuss options regarding application of development fees for replacement structures
FISCAL IMPACT:
Budgetary Approval Not Required
OPTIONS/ALTERNATIVES:
City Code Requirement
RECOMMENDATION:
Presentation and discussion.
ATTACHMENTS:
Click to download
CI Cover Memo
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City of Apache Junction
Pe4q0 0„ Development Services Department
To: Mayor and City Council
From Brad Steinke, Director of Development Services
Date: November 23,2010
RE. Development Fee Requirement for Replacement Homes
As you are aware, the city council recently discussed the development fee ordinance requirement
regarding replacement homes. The ordinance currently exempts payment of development fees for
replacement homes if the building permit for a replacement is issued within one year of the
original structure's removal. Over the last year, the council has been asked to waive the fee for
three separate properties where the original home removal occurred beyond the one-year
deadline.
Since the council was concerned with the arbitrary nature of the one-year replacement standard,
they asked staff to work with the city's development fee consultant, Tichler Bise, to generate
alternative options Tichler Bise has reviewed the matter and has submitted the following three
short term options.
Option I. Retain the 1 Year Time Limit
This option does not solve the equity issue since no matter how far you extend the deadline,
someone could always argue it unfair to charge someone who comes in a day late. This option also
does not incentivize the removal of blighted structures in that the demolition permits could be held
onto indefinitely with no motivation to act
Option 2: Place an Expiration Date on Demolition Permit
An expiration date for the demolition permit could incentivize the removal of blighted structures.
However, discussions with City staff indicate that none of the City's development related permits
have time limits which would create inconsistencies if changes were made to just the demolition .0`
permit Changing the time limit on the demolition permits should be part of a larger review of the
City's permitting process The development fee ordinance could then be amended accordingly.
Option 3. Remove the Time Requirement
The time requirement could be removed entirely. A development fee credit would be provided
when an applicant provided proof of demolition (proof would include a valid demolition permit at
the time of demolition) The removal of the time requirement would address several of the City's
concerns including equity and removing a disincentive for removing blighted structures
Staff Comment:
It appears from reading the consultant's entire memo that removal of the time limit (i e, Option
3) is consistent with development fee law and typical of most development fee programs.
Accordingly, I recommend that the council direct staff to draft a development fee ordinance
amendment that removes the 1-year replacement deadline for both residential and non-residential
structures.
IiSCIhIIeI1BiSe■ 4701 SANGAMORE ROAD i SUITE 5240 I BETHESDA, MD 20816
T: 800.424 4318 1 F• 301 320 4860
Fiscal,Economic& Planning Consultants 43460 RIDGE PARK DRIVE I SUITE 200W I TEMECULA, CA 92590
T: 951 719 8478 I F: 301 320 4860
W W W TISCHLERBISE COM
or, TO• Brad Steinke, Director of Development Services
City of Apache Junction,Arizona
FROM: Chris Cullinan, Principal
TischlerBise, Inc.
CC• Carson Bise, AICP, President
TischlerBise, Inc.
DATE: November 23, 2010
RE: Development Fee Regulations on Replacement Homes
This memorandum is in response to your request to evaluate the above referenced issue and
suggest options and amendments to City Code
CITY CODE
Section 7-1-5 (G) of the City's Code Volume II, states the following.
(G) For an addition, or to remodel or replace existing structures, or for a change of use to an
existing structure, the development fee to be paid shall be the difference, if any, between•
(1) The fee, if any, that would be payable for existing development on the site or, in the
case of demolition or removal of a structure, the previous development on the site,
provided that the demolition or removal has occurred within 1 year of the date of
submittal of the application for which development fees are assessed; and
(2) The fee, if any, that would be payable for the total development on the site after the
new development.
CITY CONCERNS
The City has concerns about the 1 year time limit in this regulation and is considering
removing this limitation for a number of reasons, including:
1 Fairness.
2. Creating a disincentive to remove a blighted structure.
3. Possibly running counter to the intent of development fees.
Fiscal Impact Analysis Impact Fees Utility Rate Studies•Infrastructure Financing• User Fees•Cost Allocation Plans• Fiscal Software•
ANALYSIS OF ISSUES
Assessing Development Fees on Demolition and Replacement of Existing Structures
The concept of not charging development fees or charging only a portion of the development
fees for demolition and replacement of an existing structure is valid and consistent with the
intent of development fees Development fees are intended to fund the demand for new
infrastructure capacity created by new development In the cases of an existing building,
development fees should only be assessed when there is a net increase in the demand for
additional infrastructure capacity between the old development and the new development
More specifically:
1. If a building is replaced by the exact same type of building or use, no development fee
should be assessed since there is no net increase in water meter size, residential units, or
nonresidential square footage or change in land use There is no net increase in the
demand for additional infrastructure capacity from the redevelopment project, thus no
development fee is warranted
2. If a building is replaced by a larger building which is similar in land use, a development fee
should only be assessed if a larger water meter is required and/or on the net increase in
the number of residential units or nonresidential square footage since it is the net
increase in development that is creating the demand for additional infrastructure
capacity
3. If a building is replaced by a larger building that is also a change to a more intense land
use, a development fee should only be assessed if a larger water meter is required and/or
on the net increase in the number and type of residential units or nonresidential square
footage since it is the net increase and change in development that is creating the
demand for additional infrastructure capacity
While there is no specific law or case in Arizona which addresses this issue, any discussion of
development fees must begin within the context of the legal requirements of development fees
There is little federal case law specifically dealing with development fees, although other rulings
on other types of exactions (e.g. land dedication requirements) are relevant. In one of the most ^`
important exaction cases, the U S Supreme Court found that a government agency imposing
exactions on development must demonstrate an "essential nexus" between the exaction and the
interest being protected (See Nollan v California Coastal Commission, 1987) In a more recent
case (Dolan v City of Tigard, OR, 1994), the Court ruled that an exaction also must be "roughly
proportional" to the burden created by development However, the Dolan decision appeared to
set a higher standard of review for mandatory dedications of land than for monetary exactions
such as development fees.
These constitutional requirements of development fees are commonly referred to as the "rational nexus"test The
rational nexus test has three elements
Demand—a particular type of development demands a particular type of infrastructure
Proportionality—the fees are proportionate to the demand created by development for infrastructure
Benefit—The payer of the development fee must receive a benefit(i e the construction of infrastructure
which accommodates their impact on a community's capital facilities and assets).
Many of these constitutional concerns are echoed in the state enabling legislation for counties to assess
development fees Development fees for municipalities in Arizona are authorized by Arizona Revised Statutes
(A R S)9-463 05 Specific correlations with the "rational nexus"test are listed in these excerpted sections of A.R.S.
9-463 05•
1. Development fees shall result in a beneficial use to the development.
4 The amount of any development fees assessed pursuant to this section must bear a reasonable relationship to
the burden imposed upon the municipality to provide additional necessary public services to the development.
Like the assessment of development fees on any project, development fees assessed on redevelopment projects
must meet these requirements
The City clearly recognizes these requirements and has codified them in several sections of its development fee
ordinance In addition to Section 7-1-5(G)which has been previously cited,Section 7-1-2(B)(5)states the following.
(5) The development fee provisions shall not apply to the following actions.
(a) Placing on a lot or parcel in the city a temporary construction trailer or office, but
only for the life of the building permit issued for the construction served by the trailer or
office,
(b) Expansion, upgrade, repair or replacement of an existing residential dwelling unit
on a lot or parcel with a legal, conforming, residential dwelling unit or structure, and
(c) Any development, including but not limited to the mere subdivision of land,
installation of utilities, or the use of land for limited recreational, agricultural, filling or
dredging purposes which, in the opinion of the Development Fee Administrator,will not
result in a net increase of more than 1 one-way average daily trip.
Demolition Permit
The demolition permit is a regulatory tool and is not directly related to the intent of development fees My
understanding is that demolition permits do not expire
OPTIONS
TischlerBise has identified several options for the City's consideration Options 1 through 3 address the specific
issue of the demolition of existing structures Options A and B can be undertaken in addition to Options 1 through
3
Option I Extend the 1 Year Time Limit
This option does not solve the equity issue since no matter how far you extend the deadline,someone could always
argue it unfair to charge someone who comes in a day late This option also does not incentivize the removal of
blighted structures in that the demolition permits could be held onto indefinitely with no motivation to act
Option 2 Place an Expiration Date on Demolition Permit
An expiration date for the demolition permit could incentivize the removal of blighted structures However,
discussions with City staff indicate that none of the City's development related permits have time limits which
would create inconsistencies if changes were made to just the demolition permit. Changing the time limit on the
demolition permits should be part of a larger review of the City's permitting process The development fee
ordinance could then be amended accordingly
Ask
Option 3 Remove the Time Requirement
The time requirement could be removed entirely A development fee credit would be provided when an applicant
provided proof of demolition (proof would include a valid demolition permit at the time of demolition) The
removal of the time requirement would address several of the City's concerns including equity and removing a
disincentive for removing blighted structures
Options A and B are additional actions which the City could take to bolster its efforts to encourage redevelopment.
Option A Enhanced"Transfer Permit"Credit
As currently worded, the City Code gives the appearance that the development fee credit for a demolished
structure is limited to Just the site of the original structure To incentivize the removal of blighted structures, an
additional option for the City is the creation of a more robust "transfer credit" for development fees. Under this
system,the demolition of existing residential and nonresidential structures reduces the corresponding demand for
additional infrastructure capacity This reduction can result in a credit equal to the number of residential units or
nonresidential square footage which was demolished The City could then allow for the transfer of the credit from a
demolished structure in one portion of the City to another development within the City Since the development
fees are the same Citywide,this credit is consistent with the City's development fee program
Option B. Amend Section 7-1-2(B)(5)to Include Nonresidential Development
This section of the City's development fee ordinance addresses actions for which development fees are not
applicable This section should be amended to include nonresidential development
Once the City has decided which option(s) it wishes to pursue, specific language to amend the City's Code can be
developed.
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TO: City Manager's Office
FROM: Bryant Powell, Assistant City Manager
DATE: January 3, 2011
Agenda Type : Work Session Agenda
Council Priority Focus Area: Community Development
TITLE OF AGENDA ITEM:
PRESENTATION AND DISCUSSION ON DOWNTOWN ZONING OVERLAY DISTRICT INCLUDING AN UPDATE AND
STATUS REPORT
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 establishing a three zone concept with an even more specific task of creating
zoning overlay districts for each of the zones that reflect the special nature of the downtown and uniqueness of each of the
three districts. Staff will be presenting a status update on the draft ordinance and discussing next steps including outreach
and feedback on the draft ordinance via various stakeholder groups
This item is identified in the Fiscal Year 2010-2011 City Council Work Plan
FISCAL IMPACT:
OPTIONS/ALTERNATIVES:
RECOMMENDATION:
ATTACHMENTS:
Click to download
No Attachments Available
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TO: City Manager's Office
FROM: Bryant Powell, Assistant City Manager
DATE: January 3, 2011
Agenda Type : Work Session Agenda
Council Priority Focus Area: Community Development
TITLE OF AGENDA ITEM:
PRESENTATION AND DISCUSSION ON QUARTERLY UPDATE ON DOWNTOWN REDEVELOPMENT AND
IMPLEMENTATION STRATEGY
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 Resolution
requires staff to provide a quarterly update to the mayor and city council starting in January 2011 on the status of the items in
the work plan, and any suggested staff modifications thereto.
This item is identified in the Fiscal Year 2010-2011 City Council Work Plan.
FISCAL IMPACT:
OPTIONS/ALTERNATIVES;
RECOMMENDATION:
ATTACHMENTS;
Click to download
No Attachments Available
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TO: City Manager's Office
FROM: Heather Patel, Program Coordinator
DATE: January 3, 2011
Agenda Type : Work Session Agenda
Council Priority Focus Area: Community Infrastructure
TITLE OF AGENDA ITEM:
PRESENTATION AND DISCUSSION ON PROJECT PW 2010-09, PLAZA DRIVE IMPROVEMENTS IN AN AMOUNT NOT
TO EXCEED$458,400.00.
ACTION REQUESTED:
Presentation and Discussion
DISCUSSION/BACKGROUND INFORMATION:
Staff is requesting that a contract be awarded to Visus Engineering Construction, Inc. in an amount not to exceed
$458,400.00 for the completion of improvements on Plaza Drive.
FISCAL IMPACT:
Budgeted Expenditure
OPTIONS/ALTERNATIVES:
City Code Requirement
RECOMMENDATION:
Staff respectfully requests that Council review and discuss a contract with Visus Engineering Construction, Inc.
ATTACHMENTS:
Click to download
CI Staff Report
D Proposed Agreement
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Development Services Department
MEMORANDUM
DATE December 23, 2010
TO: The Honorable Mayor and City Council
THROUGH: George Hoffman, City Manager
Brad Steinke, Development Services Director
David Fern, Public Works Director
Giao Pham, City Engineer
Roger Hacker, Revenue Resources Manager
FROM: Heather Patel, Program Coordinator
Emile Schmid, Senior Project Engineer
SUBJECT: Community Development Block Grant Project Number 115-11. PW 2010-09
Plaza Drive Improvements(Phase One)—Construction Contract
REQUEST
Staff respectfully requests that the City Council review and discuss a contract for construction services
with Visus Engineering Construction, Inc.This contract is to provide construction services for the
completion of street improvements on a Community Development Block Grant("CDBG")application
submitted for the Fiscal Year 2010, project number PW 2010-09. �•.
BACKGROUND
A CDBG application was submitted to the Arizona Department of Housing("ADOH") in June,2010
and was awarded in October, 2010 This project consists of the removal of existing asphalt pavement
including base materials, installation of new base material and asphalt pavement, curb and gutter,
sidewalk, ADA accessible ramps,24-inch storm drain concrete pipes with headwalls, streetlights,
signing and striping, landscaping, adjustment of existing utilities and other street related improvements
on Plaza Drive from Superstition Blvd, south 660'.
With the approval of the State,the City began the procurement process for a contractor to complete the
improvements on Plaza Drive. On November 17, 2010 the City placed the project out to bid in
accordance with both City and CDBG procurement policies by placing an ad in the Arizona Republic,
listing the project on the City website, and sending notification of the project to contractors listed on
the City's bid list. On December 1,2010,ten contractors submitted a bid to participate in the project
DISCUSSION
The City evaluated the bids submitted by verifying the bid amounts Then the City verified that each
bidder held the required insurances, bonds, licenses, and was eligible to participate in federally funded
projects.After this extensive evaluation,the Public Works Department recommended that the City of
Apache Junction enter into an agreement with Visus Engineering Construction, Inc The bid submitted
is in the base bid amount of$458,400.
As requested by Council, the bid also included an alternate to utilize pavers in place of the stamped
concrete which was listed in the base bid. If the pavers were installed the contract amount would be
$484,183.
Staff is requesting that a contract be awarded to Visus Engineering Construction, Inc in an amount not
to exceed$458,400 This contract is expected to be paid with CDBG funding($229,269),
Redevelopment District Revenue($229,131)with a portion being reimbursed to the City through a
development agreement with Superstition Mountain Mental Health Clinic
Barring any objection from Council, staff will place the proposed agreement on the Council's January
18,2011 consent agenda
RECOMMENDATION
Staff respectfully requests that Council review and discuss a contract with Visus Engineering
Construction, Inc
ACTION REOUIRED
Review and Discussion.
Attachment One. Visus Engineering Construction, Inc. contract for services
2
City OF APACHE JUNCTION
AGREEMENT FOR PLAZA DRIVE IMPROVEMENTS
PROJECT PW 2010-09
THIS AGREEMENT made and entered into by and between the City
of Apache Junction, an Arizona municipal corporation ("City") and
Visus Engineering Construction, Inc , an Arizona corporation
("Contractor")
RECITALS
A. In response to City' s Notice Inviting Bid Proposals dated
November 17, 2010, and any addendums applicable thereto, Contractor
submitted a proposal dated, December 1, 2010, in which Contractor
asserts its willingness, ability and qualifications to provide this
work and service.
B. City has complied with the public bidding requirements
under Arizona Revised Statute Title 34 and Apache Junction City
code Article 3-7
C City and Contractor desire to set forth herein their
respective responsibilities and the manner and terms upon which
Contractor shall render the services .
NOW, THEREFORE, City retains Contractor to perform, and
Contractor agrees to render the services in accordance with the
terms and conditions set forth below:
AGREEMENT
1. PROJECT DESCRIPTION. CONTRACTOR shall do and perform or
cause to be done and performed in a good workmanlike manner, the
work in accordance with and as more fully described in the Notice
Inviting Bid Proposals for Project No. PW2010-09, on file with the
Public Works Department, which includes the following scope of
work-
This federally funded Community Development Block Grant project,
Plaza Drive improvements will include the following- removal of
existing asphalt pavement including base materials, installation
of new base material and asphalt pavement, curb and gutter,
sidewalk, landscaping, ADA accessible ramps, 24-inch storm drain
concrete pipes with headwalls, streetlights, signing and
striping, adjustment of existing utilities and other street
related improvements .
All work shall be completed in accordance with the following
(hereinafter referred to as the Contract Documents) - 1) the
construction plans entitled "City of Apache Junction Public
1
Works Department Plaza Drive Improvements, Project Number
PW2010-09"; 2) the latest "Uniform Standard Specifications and
Details for Public Works Construction" by the Maricopa
Association of Governments; and 3) Engineering Standards and
Details of the City of Apache Junction, all of which are
hereinafter referred to as the Contract Documents .
2. PAYMENTS & COMPLETION: The contract sum shall be the
total amount payable by City to the Contractor in the amount of
Four Hundred Fifty Eight Thousand Four Hundred Dollars and No Cents
($458, 400) for the performance of the work under the contract
documents except for changes authorized by properly executed change
orders . Upon notice that the work is ready for final inspection or
acceptance, City representatives shall promptly cause to be made an
inspection. When City finds the work acceptable under the Contract
Documents, City shall promptly submit for processing a certificate
for payment stating that to the best of their knowledge,
information and belief and on the basis of its observation and
inspection, the work has been completed in accordance with the
terms and conditions of the Contract Documents and that partial
payment or the entire balance due the Contractor is payable. No
final payment shall become due until the Contractor submits to the
all required lien waivers, releases and any other data establishing
payment or satisfaction of all Contractor' s obligations . If any
Subcontractor refuses to furnish a release or waiver required by
City, Contractor may furnish a bond satisfactory to the City to
indemnify City against any such lien. If any such lien remains
unsatisfied after all payments are made, Contractor shall refund to
City all monies that the latter may be compelled to pay in
discharging such liens, including all costs and reasonable
attorneys fees .
3. CONTRACT TIME: Contractor hereby fixes the time for
beginning work no later than January 31, 2011, with substantial
completion no later than April 29, 2011 Upon failure to complete
Adak work within the time specified, the Contractor shall pay as
liquidated damages for the loss of use of the benefit of this
project the sum as provided in Table 108 of the M.A.G.
Specifications per day for each day the work remains unfinished.
This provision does not limit the liability of Contractor for
actual damages sustained by the City as a result of any breach of
contract or warranty by the Contractor.
4 . INDEPENDENT Contractor: Contractor shall at all times
during Contractor' s performance of the services retain Contractor' s
status as an independent Contractor Contractor' s employees shall
under no circumstances be considered or held to be employees or
agents of City, and City shall have no obligation to pay or
withhold state or federal taxes, or provide workers compensation or
unemployment insurance for or on behalf of them or Contractor.
Contractor shall supervise and direct the work to be done using its
best skill and attention Except as provided in this Agreement,
Contractor shall be solely responsible for all construction means,
methods, techniques, sequences and procedures, and for coordinating
all portions of the work required by the contract documents .
2
oms
Contractor shall be responsible to City for the acts and omissions
of its employees, Subcontractor' s and their agents and employees
and other persons performing any of the work under any contract
document .
5. LABOR AND MATERIALS: Unless otherwise provided in the
contract documents, Contractor shall provide, pay and insure under
the requisite laws and regulations for all labor, materials,
equipment, tools and machinery, water, heat, utilities,
transportation, other facilities and services necessary for the
proper execution and completion of the work whether temporary or
permanent, and whether or not incorporated or to be incorporated in
the work
6. INSPECTIONS AND QUALITY OF WORK- Contractor understands
and specifically agrees that all work is to be performed pursuant
to Maricopa Association of Governments specifications and details,
("MAG" specifications and details") with City' s additions.
Contractor agrees that it will conduct at least one pre-
construction meeting before any work commences. While performing
the services, Contractor shall exercise the reasonable professional
care and skill customarily exercised by reputed members of
Contractor' s profession practicing in the Phoenix metropolitan
area, and shall use reasonable diligence and best judgment while
exercising its professional skill and expertise. Contractor shall
also be responsible for all errors and omissions Contractor commits
in the performance of this Agreement Contractor understands and
agrees that inspection of the work being performed hereunder will
occur by City Contractor agrees that City will have the exclusive
right to determine, in its sole discretion, whether the work has
been performed in accordance with the Contract Documents, including
MAG specifications and details. Contractor further agrees to make
such corrections to the work as may be directed by City to conform
to said Contract Documents including MAG specifications and
details, without requirement of Change Order or any additional
charge or cost to City whatsoever. Contractor further agrees to
make such corrections to the work within the time for completion of
work as specified in Section 3 above and shall not be entitled to
additional time for completion of work for any correction work
needed to be performed hereunder. Failure to perform correction
work within the time to complete work as provided in Section 3
shall subject Contractor to liquidated damages as provided therein
7. WARRANTY. Contractor shall guarantee the work against
defective workmanship or materials for a period of one year from
the date of its final acceptance under the contract, ordinary wear
and tear and unusual abuse or neglect excepted. Any omission on
the part of City to condemn defective work or materials at the time
of construction shall not be deemed an acceptance. and Contractor
will be required to correct defective work or materials at any time
before final acceptance Within one year from the date of final
acceptance due to faults in workmanship or materials, the
Contractor shall begin making the necessary repairs to the
satisfaction of City within fourteen (14) calendar days of receipt
of written notice from City Such work shall include the repair or
replacement of other work or materials damaged or affected by
3
making the above repairs or corrective work all at no additional
cost to City. In the case of work materials or equipment for which
warranties are required by the special provisions, Contractor shall
provide or secure from the appropriate Subcontractor or supplier
such warranties addressed to and in favor of City and deliver same
to City prior to final acceptance of the work. Delivery of such
warranties shall not relieve Contractor from any obligation assumed
under any other provision of the contract . The warranties and
0011. guarantees provided in this subsection of the contract documents
shall be in addition to and not in limitation of any other
warrantees, guarantees or remedies required by law, and shall
survive the expiration of this Agreement for the time period
mentioned above.
If the Contractor fails within a reasonable time to replace or
repair any portion of the work deemed to be needed, the City may
cause said work to be done and the Contractor agrees to pay all
costs incurred, or the 'City may use the Warranty Bond to pay for
costs incurred
8. TAXES: Contractor shall pay all license, sales,
consumer, use and other similar taxes for the work or portions
thereof provided by Contractor which are legally enacted at the
time bids are received whether or not yet effective or subsequently
applicable due to acts of jurisdictions or bodies other than City.
9 PERMITS & FEES: Unless otherwise provided in the
contract documents, Contractor shall secure and pay for all
permits, governmental fees, licenses and inspections necessary for
the proper execution and completion of work which are customarily
secured after execution of the contract and which are legally
required Contractor shall give all notices and comply with all
laws, ordinances, rules, regulations and lawful orders of any
public authority bearing on the performance of the work. City
permits for this work will be provided to Contractor at no cost
Contractor understands that the activity described herein
constitutes "doing business in the City of Apache Junction" and
Contractor agrees to obtain a business tax license pursuant to
Article 8-5 of the Apache Junction City Code from the City Clerk' s
Office and keep such license current during the term of this
Agreement and after termination of this Agreement any time work is
performed pursuant to the warranty provisions set forth in Section
5 . Any activity by Subcontractor' s within the corporate City
limits, will invoke the same business tax regulations on any
Subcontractor' s, and Contractor ensures its Subcontractor' s will
obtain any required business tax license
10. SUPERINTENDENT. Contractor shall employ a competent
project superintendent who shall be in attendance at the project
site during the progress of the work The superintendent shall
represent and be the community agent of Contractor and
communications given to the superintendent shall be as binding as
if given to Contractor. Important communications shall be
confirmed in writing The designated superintendent' s contact
information shall be provided to the Public Works Director or his
4
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designee in writing within five (5) working days after execution of
this Agreement
11 PROGRESS SCHEDULE. Contractor shall, immediately after
entering into this Agreement, reaffirm the estimated progress
schedule as submitted with the bid proposal. Said progress
schedule shall be maintained and updated during the project
12. INDEMNIFICATION: Contractor shall defend indemnify and em
hold harmless City, its, agents, officers, officials and employees,
from and against all claims, damages, losses and expenses
(including but not limited to attorney fees, court costs and the
cost of appellate proceedings) relating to, arising out of, or
alleged to have resulted from the acts, errors, mistakes,
omissions, work or services of Contractor, its agents, employees,
or any tier of Contractor' s Subcontractors or any other person for
whose acts, errors, mistakes, omissions, work or services
Contractor may be legally liable. The amount and type of insurance
coverage requirements set forth herein will in no way be construed
as limiting the scope of the indemnity in this paragraph.
13. SUBCONTRACTORS: All Subcontractors chosen by Contractor
will be subject to City' s approval All Subcontractors shall be
identified by Contractor prior to award of contract . Contractor
shall make no substitutions for any Subcontractor, person or entity
previously selected without the approval of City.
14 GOVERNING LAW AND VENUE: The terms and conditions of this
Agreement shall be governed by and interpreted in accordance with
the laws of the State of Arizona. Any action at law or in equity
brought by either party for the purpose of enforcing a right or
rights provided for in this Agreement, shall be tried in a court of
competent jurisdiction in Pinal County, State of Arizona. The
parties hereby waive all provisions of law providing for a change
of venue in such proceeding to any other county. In the event
either party shall bring suit to enforce any terms of this
Agreement or to recover any damages for and on account of the
breach of any term or condition in this Agreement, it is mutually
agreed that the prevailing party in such action shall recover all
costs including reasonable attorney fees to be determined by the
court in such action.
15. INSURANCE. Contractor, at its own expense, shall
purchase and maintain the herein stipulated minimum insurance with
companies duly licensed in the State of Arizona, possessing a
current A.M. Best, Inc. Rating of B++6, or approved unlicensed in
the State of Arizona with policies and forms satisfactory to City.
All insurance required herein shall be maintained in full force and
effect until all work or service required to be performed under the
terms of the Agreement is satisfactorily completed and formally
accepted; failure to do so may, at the sole discretion of the City
constitute a material breach of this Agreement.
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Contractor' s insurance shall be primary insurance as respect to
City, and any insurance or self-insurance maintained by City shall
not contribute to it.
Any failure to comply with the claim reporting provisions of the
insurance policies or any breach of an insurance policy warranty
shall not affect coverage afforded under the insurance policies to
protect City.
The insurance policies, except Workers Compensation, shall contain
waiver of transfer rights of recovery (subrogation) against City,
its agents, officers, officials and employees for any claims
arising out of Contractor' s acts, errors, mistakes, omissions, work
or services.
The insurance policies may provide coverage which contain
deductibles or self-insured retentions . Such deductible and/or
self-insured retentions shall not be applicable with respect to the
coverage provided to City under such policies . Contractor shall be
solely responsible for the deductible and/or self-insured retention
and City, at its option, may require Contractor to secure payment
of such deductibles or self-insured retentions by a Surety Bond or
an irrevocable and unconditional letter of credit.
1
City reserves the right to request and to receive within ten (10)
working days, certified copies of any or all of the herein required
insurance policies and/or endorsements City shall not be
obligated, however, to review same or to advise Contractor of any
deficiencies in such policies and endorsements, and such receipt
shall not relieve Contractor from, or be deemed a waiver of City' s
right to insist on strict fulfillment of Contractor' s obligations
under this Agreement
The insurance policies, except Workers Compensation and
Professional Liability, required by this Agreement, shall name
City, its Mayor, Council, appointees, agents, officers, officials
and employees as additional insured parties
REQUIRED COVERAGE
Commercial General Liability
Contractor shall maintain Commercial General Liability insurance
with a limit of not less than $1, 000, 000 for each occurrence with a
$2, 000, 000 Products/Completed Operations Aggregate and a $2, 000, 000
General Aggregate Limit. The policy shall include coverage for
bodily injury, broad form property damage, personal injury,
products and completed operations and blanket contractual coverage
including, but not limited to, the liability assumed under the
indemnification provisions of this Agreement which coverage will be
at least as broad as Insurance Service Office, Inc. Policy Form CG
00011-03 or any replacement thereof.
Such policy shall contain a severability of interest provision, and
shall not contain a sunset provision or commutation clause, nor any
6
pro. e"a
provision which would serve to limit third party action over
claims .
The Commercial General Liability additional insured endorsement
shall be at least as broad as the Insurance Service Office Inc. ' s
Additional Insured Form CG 20101185, and shall include coverage for
Contractor' s operations and products and completed operations .
If required by this Agreement, if Contractor sublets any part of /',
the work, services or operations, Contractor shall purchase and
maintain, at all times during prosecution of the work, services or
operations under this Agreement, an Owner and Contractor' s
Protective Liability insurance policy for bodily injury and
property damage, including death, which may arise in the
prosecution of the Contractor' s work, service or operations under
this Contract. Coverage shall be on an occurrence basis with a
limit not less than $1, 000, 000 per occurrence, and the policy shall
be issued by the same insurance company that issues Contractor' s
General Liability insurance.
Workers' Compensation
Contractor shall carry Workers Compensation insurance to cover
obligations imposed by federal and state statutes having
jurisdiction of Contractor' s employees engaged in the performance
of the work or services; and Employer' s Liability insurance of not
less than $100, 000 for each accident, $100, 000 disease for each
employee, and $500, 000 disease policy limit .
In case any work is subcontracted, Contractor will require all
Subcontractors to provide Workers Compensation and Employer' s
Liability to at least the same extent as required of Contractor.
Professional Liability
If deemed applicable by the City Attorney, Contractor will maintain
Professional Liability insurance covering acts, errors, mistakes
and omissions arising out of the work or services performed by
Contractor, or any person employed by Contractor, with a limit of
not less than $1, 000, 000 each claim.
CERTIFICATE OF INSURANCE
Prior to commencing work or services under this Agreement,
Contractor shall furnish the City with Certificates of Insurance,
or formal endorsements as required by Agreement, issued by
Contractors insurer (s) , as evidence that policies providing the
required coverages, conditions and limits required by this
Agreement are in full force and effect.
In the event any insurance policies required by this Agreement are
written on a "claims made" basis, coverage shall extend for two (2)
years past completion and acceptance of the Contractor' s work or
services and as evidenced by annual Certificates of Insurance, to
be filed with the City Clerk of City.
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If a policy does expire during the life of the Agreement, a renewal
certificate must be sent to City thirty (30) calendar days prior to
the expiration date and all required insurance shall not expire, be
cancelled, or materially changed without a minimum thirty (30)
calendar days written notice to City from Contractor All
Certificates of Insurance shall be identified with bid serial
number and title.
At the close of the project when the work has been accepted by the
City, the Contractor shall provide a Warranty Bond in the amount of
ten percent (10%) of the Performance Bond. The Warranty Bond shall
be held by the City during Warranty Period.
16. CHANGE ORDERS. This is a Lump Sum Contract . However,
change orders may be processed as delineated herein. A change
order is a written order to Contractor, approved by the Director of
Public Works, issued after execution of the contract authorizing a
change in the work or an adjustment in the contract sum or the
contract time . A change order signed by Contractor indicates its
agreement therewith. City may, without invalidating the contract,
order changes in the work within the general scope of the contract
consisting of additions, deletions or other revisions, the contract
sum and the contract being adjusted accordingly. All such changes
in the work shall be authorized by change order and shall be
performed under the applicable conditions of the contract
documents . City' s Director of Public Works shall have authority to
order minor changes in the work not involving an adjustment in the
contract sum or extension of contract time and not inconsistent
with the intent of the contract documents . All such changes shall
be effected by written order and shall be binding upon City and
Contractor.
17 SUCCESSORS & ASSIGNS• City and Contractor each bind
themselves, their partners, successors, assigns and legal
representatives to the other party hereto and to the partners,
successors, assigns and legal representatives of such other party
in respect to all covenants, agreements and obligations contained
in the contract documents . Neither party to the contract shall
assign the contract or sublet it as a whole without the written
consent of the other, nor shall the Contractor assign any monies
due or to become due to or to become due to it without the previous
written consent of City.
18. WRITTEN NOTICE: Written notice shall be deemed to have
been duly served if delivered in person to the individual or member
of the firm or entity, or to an office of the corporation for whom
it was intended or if delivered at or sent registered or certified
mail, return receipt requested, and first class postage prepaid to
the last business address known to them who gives the notice.
19. CLAIMS FOR DAMAGES: Should either party to the contract
suffer injury or damage to personal property because of any act or
omission of the other party or of their employees or agents for
whose acts they are legally liable, claims shall be made in writing
to such other parties within a reasonable time after the first
observance of such injury or damages .
8
20 . PERFORMANCE BOND & LABOR & MATERIAL PAYMENT BOND. City
shall have the right to require Contractor to furnish bonds
covering the faithful performance of the contract and the payment
of all obligations arising thereunder Attached are standard bond
forms which must be completed by Contractor, and Contractor agrees
to conform to all provisions set forth in such forms
21 SAFETY: Except as provided herein with respect to
trench excavation and traffic regulations, Contractor and/or its
Subcontractors shall be solely responsible for job safety at all
times .
22 . RIGHTS & REMEDIES: The duties and obligations imposed
by the contract documents and the rights and remedies available
thereunder shall be in addition to and not a limitation of any
duties, obligations, rights and remedies otherwise imposed or
available by law. No action or failure to act by City or
Contractor shall constitute a waiver of any right or duty afforded
any of them under the contract, nor shall any action or failure to
act constitute an approval of or an acquiescence to any breaches
thereunder except as may be specifically agreed to in writing.
23. ENFORCED DELAYS (FORCE MAJEURE) : All time limits stated
in the contract documents are of the essence. Contractor shall
begin work on the date of commencement as defined in Section 3
above . Neither City nor Consultant, as the case may be, shall be
considered not to have performed its obligations under this
Agreement in the event of enforced delay (an "Enforced Delay") due
to causes beyond its control and without its fault or negligence
or failure to comply with Applicable Laws, including, but not
restricted to, acts of God, fires, floods, epidemics, pandemics,
quarantine, restrictions, embargoes, labor disputes, and unusually
severe weather or the delays of subconsultants or materialmen due
to such causes, acts of a public enemy, war, terrorism or act of
terror (including but not limited to bio-terrorism or eco-
terrorism) , nuclear radiation, blockade, insurrection, riot, labor
strike or interruption, extortion, sabotage, or similar occurrence
or any exercise of the power of eminent domain of any governmental
body on behalf of any public entity, or a declaration of moratorium
or similar hiatus (whether permanent or temporary) by any public
entity directly affecting the Project. In no event will Enforced
Delay include any delay resulting from unavailability for any
reason of labor shortages, or the unavailability for any reason of
particular consultants, subconsultants, vendors or investors
desired by Consultant in connection with the Project. Consultant
agrees that Consultant alone will bear all risks of delay which are
not Enforced Delay In the event of the occurrence of any such
Enforced Delay, the time or times for performance of the
obligations of the Party claiming delay shall be extended for a
period of the Enforced Delay, provided, however, that the Party
seeking the benefit of the provisions of this Section shall, within
thirty (30) calendar days after such Party knows or should know of
any such Enforced Delay, first notify the other Party of the
9
specific delay in writing and claim the right to an extension for
the period of the Enforced Delay; and provided further that in no
event shall a period of Enforced Delay exceed ninety (90) calendar
days .
24 TERMINATION BY Contractor If the work is stopped for
a period of fifteen (15) calendar days under an order of any court
or other public authority having jurisdiction or as a result of an
act of government such as declaration of national emergency making
material unavailable through no act or fault of Contractor or a
Subcontractor or their agents or employees, Contractor may upon
seven (7) additional calendar days, give written notice to City,
terminate the contract and recover from City payment for all work
executed and for any proven loss sustained upon any materials,
equipment, tools, construction equipment and machinery including
reasonable profit and damage
25. TERMINATION BY City• If Contractor is adjudged
bankrupt or if it makes a general assignment for the benefit of
its creditors or if a receiver is appointed on account of its
insolvency, of if it persistently or repeatedly refuses or fails
except in case for which extension of time is provided to supply
enough properly skilled works or proper materials or labor or
persistently disregards laws, ordinance, rules, regulations or
orders of any public authority having jurisdiction or otherwise is
guilty of a substantial violation of a provision of the contract
documents, City upon certification by the Director of Public Works
that sufficient cause exists to justify such action may without
prejudice to any right or remedy and after giving the Contractor
and its surety if any, ten (10) calendar days written notice,
terminate this contract and take possession of the site and of all
materials, equipment, tools, construction equipment and machinery
thereon owned by the Contractor and may finish the work by whatever
method it may deem expedient . In such case, Contractor shall not
be entitled to receive any further payment until the work is
/', finished. If the unpaid balance of the contract sum exceeds the
cost of finishing the work such excess shall be paid to the
Contractor. If such costs exceed the unpaid balance, Contractor
shall pay the difference to City The amount to be paid to
Contractor or to City as the case may be, shall be certified by the
City' s Director of Public Works and this obligation for payment
shall survive the termination of this contract.
26 RECORDS: Records of Contractor' s labor, payroll and
other costs pertaining to this Agreement shall be kept on a
generally recognized accounting basis and made available to City
for inspection on request Contractor shall maintain records for a
period of at least five (5) years after termination of this
Agreement, and shall make such records available during that
retention period for examination or audit by City personnel during
regular business hours .
27. AMENDMENT- It is mutually understood and agreed that no
alteration or variation of the terms and conditions of this
Agreement shall be valid unless made in writing and signed by the
10
parties hereto, and that oral understandings or agreements not
incorporated herein shall not be binding on the parties.
28. SEVERABILITY: If any part, term or provisions of this
Agreement shall be held illegal, unenforceable or in conflict with
any law, the validity of the remaining portions and provisions
hereof shall not be affected
29. CONFLICT OF INTEREST• The provisions of A.R. S. § 38-511
relating to cancellation of contracts due to conflicts of interest
shall apply to this contract
30 COMPLIANCE WITH FEDERAL AND STATE LAWS' The Contractor
understands and acknowledges the applicability to it of the
American with Disabilities Act, the Immigration Reform and Control
Act of 1986 and the Drug Free Workplace Act of 1989. The following
is only applicable to construction contracts . The Contractor must
also comply with A R S § 34-301, "Employment of Aliens on Public
Works Prohibited", and A.R S § 34-302, as amended, "Residence
Requirements for Employees"
Under the provisions of A.R. S. § 41-4401, Contractor hereby
warrants to the City that the Contractor and each of its
Subcontractors will comply with, and are contractually obligated to
comply with, all Federal Immigration laws and regulations that
relate to their employees and A.R. S . § 23-214 (A) (hereinafter
"Contractor Immigration Warranty")
A breach of the Contractor Immigration Warranty shall constitute a
material breach of this Contract and shall subject the Contractor
to penalties up to and including termination of this Contract at
the sole discretion of the City.
The City retains the legal right to inspect the papers of any
Contractor or Subcontractors employee who works on this Contract to
ensure that the Contractor or Subcontractor is complying with the
Contractor Immigration Warranty. Contractor agrees to assist the
City in regard to any such inspections .
The City may, at its sole discretion, conduct random verification
of the employment records of the Contractor and any of
Subcontractors to ensure compliance with Contractor' s Immigration
Warranty Contractor agrees to assist the City in regard to any
random verifications performed.
Neither the Contractor nor any of Subcontractor shall be deemed to
have materially breached the Contractor Immigration Warranty if the
Contractor or Subcontractor establishes that it has complied with
the employment verification provisions prescribed by sections 274A
and 274B of the Federal Immigration and Nationality Act and the E-
Verify requirements prescribed by A.R.S. § 23-214, Subsection A.
The provisions of this Article must be included in any contract the
Contractor enters into with any and all of its Subcontractors who
11
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provide services under this Contract or any subcontract . "Services"
are defined as furnishing labor, time or effort in the State of
Arizona by a Contractor or Subcontractor. Services include
construction or maintenance of any structure, building or
transportation facility or improvement to real property.
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12
IN WITNESS WHEREOF the parties hereto have caused this Agreement to be
signed by their duly authorized representative as of this day of
, 2010
Visus Engineering Construction, Inc.
By.
Title:
STATE OF ARIZONA
ss .
COUNTY OF
The foregoing instrument was acknowledged before me this day of
2010, by as
Contractor in the above-referenced Agreement .
Witness my hand and official seal.
My Commission Expires .
Notary Public
13
City OF APACHE JUNCTION
an Arizona municipal corporation
By: JOHN S. INSALACO
Its MAYOR
ATTEST:
Kathleen Connelly
City Clerk
APPROVED AS TO FORM.
Richard J Stern
City Attorney
STATE OF ARIZONA )
) ss .
COUNTY OF PINAL
The foregoing instrument was acknowledged before me this day of
, 2010, by , as (Name)
(Title) of the City of Apache Junction, an Arizona municipal corporation,
for and on behalf of said Corporation in the above-referenced Agreement .
Witness my hand and official seal .
My Commission Expires :
Notary Public
14
STATUTORY PAYMENT BOND PURSUANT TO TITLE 34,
CHAPTER 2, ARTICLE 2, OF THE ARIZONA REVISED STATUTES
(Penalty of this Bond MUST be 100% of the Contract Amount)
KNOW ALL MEN BY THESE PRESENTS
That, (hereinafter called the Principal) , as
Principal, and , a company /corporation holding a Certificate of
Authority to transact surety business in the State of Arizona as issued by the
Director of the Department of Insurance pursuant to Title 20, Chapter 2, Article
1, with its principal office in the City of (hereinafter called eiN
the Surety) are held and firmly bound unto the City of Apache Junction
(hereinafter called the Obligee) , in the amount of Dollars
($ ) , for the payment whereof, the said Principal and Surety bind
themselves, their heirs, administrators, executors, successors and assigns,
jointly and severally, firmly by these presents.
WHEREAS, the Principal has entered into a certain written contract with the
Obligee, dated day of , 2010 to which
contract is hereby referred to and made a part hereof as fully and to the same
extent as if copied at length herein
NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATION IS SUCH, that if the said
Principal shall promptly payall moneys due to allpersons supplyinglabor or
P P P Y Y
materials to Principal or Principal's Sub-Contractors in the prosecution of the
work provided for in said contract, this obligation shall be void. Otherwise it
remains in full force and effect
PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Title
34, Chapter 2, Article 2, of the Arizona Revised Statutes, all liabilities on
this bond shall be determined in accordance with the provisions, conditions and
limitations of said Title, Chapter and Article, to the same extent as if they
were copies at length herein.
The prevailing party in a suit on this bond shall recover as part of the judgment
reasonable attorney fees as may be fixed by the judge of the court.
Witness our hand this day of , 2010.
PRINCIPAL SEAL
BY.
AGENCY OF RECORD
AGENCY ADDRESS SURETY
BY.
15
STATUTORY PERFORMANCE BOND PURSUANT TO TITLE 34,
CHAPTER 2, ARTICLE 2, OF THE ARIZONA REVISED STATUTES
(Penalty of this Bond MUST be 100% of the Contract Amount)
KNOW ALL MEN BY THESE PRESENTS
That, (hereinafter called the Principal) , as
Principal, and , a company /corporation holding a
Certificate of Authority to transact surety business in the State of Arizona as issued by
the Director of the Department of Insurance pursuant to (hereinafter called the Surety)
are held and firmly bound unto the City of Apache Junction (hereinafter called the
Obligee) , in the amount of Dollars ($ ) ,
^ for the payment whereof, the said Principal and Surety bind themselves, their heirs,
administrators, executors, successors and assigns, jointly and severally, firmly by these
presents.
WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated
day of ,20_ to which contract is hereby referred to and
made a part hereof as fully and to the same extent as if copied at length herein
NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATION IS SUCH, that if the Principal
faithfully performs and fulfills all of the undertakings, covenants, terms, conditions and
agreements of the contract during the original term of the contract and any extension of
the contract, with or without notice to the surety, and during the life of any guaranty
required under the contract, and also performs and fulfills all of the undertakings,
covenants, terms, conditions and agreements of all duly authorized modifications of the
contract that may hereafter be made, notice of which modifications to the surety being
hereby waived, the above obligation is void Otherwise it remains in full force and
effect
PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Title 34,
Chapter 2, Article 2, of the Arizona Revised Statutes, and all liabilities on this bond
shall be determined in accordance with the provisions of Title 34, Chapter 2, Article 2,
Arizona Revised Statutes, to the extend as if they were copies at length in this
agreement
The prevailing party in a suit on this bond shall recover as part of the Judgement
reasonable attorney fees as may be fixed by the judge of the court
Witness our hand this day of , 20
PRINCIPAL SEAL
O BY
AGENCY OF RECORD
AGENCY ADDRESS SURETY
BY.
ATTORNEY IN FACT
16
CITY OF APACHE JUNCTION
WARRANTY BOND
PROJECT NO.PW2010-09
BOND NO
PREMIUM NO
WHEREAS, the City of Apache Junction (hereafter"City") and
(hereafter"Principal") have entered into
an agreement("Agreement") dated -
, 20 , whereby Principal agreed to install and complete
certain designated public improvements as a condition of
relating to
at Principal's own expense and which Agreement is
hereby referred to and made a part hereof, and
WHEREAS, Principal is required under the terms of the Agreement to furnish warranty security for the work
performed pursuant to the Agreement in the amount of ten percent (10%) of the original amount of the security
deposit to guarantee replacement and repair of the improvements as described in the Agreement for a period
of one year following final acceptance of said improvements
NOW, THEREFORE, we, Principal, and
("Surety"), are held and firmly bound unto
City in the penal sum of
($ ) lawful money of the United States, for the payment of which we
bind ourselves, our heirs, successors, executors, and administrators, jointly and severally.
The condition of this obligation is such that if Principal shall indemnify City for all loss that City may sustain by
reason of any defective materials or workmanship which become apparent during the period of one year from
and after acceptance of the improvements by the City, then this obligation shall be null and void, otherwise,
this obligation shall remain in full force and effect
As a part of the obligation secured hereby and in addition to the face amount specified, costs and reasonable
expenses and fees shall be included, including reasonable attorneys' fees incurred by City in successfully
enforcing the obligation, all to be taxed as costs and included in any judgment rendered
Surety shall provide City with thirty (30) days' written notice of Principal's default prior to Surety terminating,
suspending or revoking the bond
In witness whereof, this instrument has been duly executed by Principal's and Surety on
, 20
Principal Surety
By
Attorney-in-Fact
Address
17
City OF APACHE JUNCTION
PROJECT NO. PW2010-09
CERTIFICATE OF INSURANCE
The certifies that the following
insurance policies have been issued on behalf of
NAME OF INSURED ADDRESS
OF INSURED
Type of Policy Effect Expire Limits of
Insurance _ Number Date Date Liability
1 Workman's $100,000 Each Accident,
Compensation $100,000 Each Disease,
$500,000 Disease Policy
Limit
2 Commercial $1,000,000 Each Occurrence;
General $2,000,000 Products
Liability /Completed Operations
Aggregate, $2,000,000
General Aggregate Limit
3 Contractual $1, 000, 000 Each
. Bodily Injury Occurrence
& Property
Damage
4 Professional $1, 000, 000 Each Claim
Liability
5 Automobile $1, 000, 000 Each
. Bodily Injury Occurrence
& Property
Damage
It is further agreed that these policies shall not expire, be canceled or
changed until all work has been completed and the project has been accepted
by the City If a policy does expire during the life of the contract, a
renewal Certificate of the required coverage must be sent to the City of
Apache Junction not less than thirty (30) calendar days prior to expiration
date. This Certificate is not valid unless countersigned by an authorized
representative of the Insurance Company. The Certificate of Insurance must
eiN also provide that the City, its Mayor, Council, appointees, officers,
employees and agents, are additional insured parties .
Date. Countersigned by.
Title-
SUBSCRIBED AND SWORN TO before me this_ day of ,2010
by as Insurer
Notary Public
My Commission Expires
18
Pp CHE4 c,o City of Apache Junction
U Z
Home of.the Superstition Mountains
25,Print
TO: City Manager's Office
FROM: Rudy Esquivias, Senior Planner/Zoning Administrator
DATE: January 3, 2011
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 CASE AM-3-10, PROPOSED AMENDMENTS TO THE ZONING ORDINANCE TO
ALLOW HOSPITALS WHICH OFFER 24-HOUR EMERGENCY MEDICAL CARE TO HAVE PERMANENT SIGNS IN THE
CITY RIGHT-OF-WAY, SUBJECT TO CONDITIONS.
ACTION REQUESTED:
Presentation and Discussion
DISCUSSION/ BACKGROUND INFORMATION:
On August 17, 2010, council directed planning staff to proceed drafting these amendments. On November 23, 2010,the
Planning and Zoning Commission voted to forward the attached amendments,which not only address hospital signs in the
right-of-way, but hospital signs in general
FISCAL IMPACT:
Budgetary Approval Not Required
OPTIONS/ALTERNATIVES:
Zoning Ordinance Requirement
RECOMMENDATION:
Discussion only this evening.
ATTACHMENTS:
Click to download
O AM-3-10 CC Cover Memo
D Code Language w LDC Update
D AM-3-10 PZ Memo
D Code Lang.for P&Z
O Sign Heights Study
�Pp AC HE✓
City of Apache Junction
4,4, 0NP" Development Services Department
DATE: January 3, 2011
MEMO TO: Honorable Mayor and City Council Members
THROUGH: George Hoffman, City Manager
Brad Steinke, Development Services Director
Fred Baker, Planning Manager
FROM: Rudy Esquivias, Senior Planner/Zoning Admin.
SUBJECT: Jan. 3, 2011, City Council Work Session Item:
Case AM-3-10 - Proposed Text Amendments to Zoning
Ordinance to Allow Hospital Signs to be Located
in the City Right-of-Way.
Summary
At their meeting of August 17, 2010, the City Council directed
Staff to process the necessary amendments to the Zoning
Ordinance through the P&Z Commission, to allow hospitals,
specifically those which offer 24-hour emergency medical care,
to place permanent signs in the public right-of-way for improved
visibility.
P&Z Commission Meetings and Recommendation
The Planning and Zoning Commission held work session discussions
on AM-3-10 at their meetings of September 28, October 12, and �.
October 26, 2010 . At their public hearing on November 23, 2010,
the Commission voted 6-0 to forward a recommendation of approval
for the amendments attached to this cover memo.
The Commission recommendation not only allows hospitals (those
which offer 24-hour emergency medical care and have ambulance
receiving facilities) to have monument signs in the right-of-way
(subject to conditions) , but also allows them to have taller on-
site monument or detached signs outright as an option.
Hospitals in general, would also be allowed to have attached and
detached signs as allowed for uses in commercial districts .
Tonight' s item is presented for discussion purposes only.
Attached. Draft Language, Nov 23, 2010, P&Z Staff Report w/Attachments
PROPOSED CODE LANGUAGE - HOSPITAL SIGNS (w/Updated LDC Refs )
Section 1-5-1 DEFINITIONS; RULES OF INTERPRETATION, Subsection
(B) , definition of "Hospital" shall be amended as follows :
- HOSPITAL shall mean an institution for the diagnosis, care
Amok
and treatment of human illness, including surgery, primary
treatment, and observation. Some hospitals may offer as
part of their service, 24-hour emergency medical care, with
ambulance receiving facilities .
Section 1-21-1-3 Definitions (in the Sign Code) , Subsection (B) ,
shall be amended with the addition of the following definitions .
- HOSPITAL RIGHT-OF-WAY SIGNS shall mean those types of signs
as allowed by Vol . II, Section 1-21-7-2 of this Code,
exclusively for hospitals which offer 24-hour emergency
medical care and have ambulance receiving facilities
- MONUMENT SIGN shall mean a freestanding sign mounted on a
low-profile solid base or a fence, or a freestanding wall,
as distinguished from support by visible poles, with a
maximum height of twelve feet (12' ) as measured from the
existing adjacent road grade to the top of the sign. (See
height exception for hospitals which offer 24-hour
emergency medical care, per Vol. II, Section 1-21-3-2 (B) (2)
of this Code)
Section 1-21-3-2 Permitted signs in Multi-Family Residential
District, shall be rewritten and amended to read as follows .
r
- Section 1-21-3-2 Permitted Signs for Public and Quasi-
Public Uses .
- Public and quasi-public uses shall be permitted signs in
accordance with the Multiple-Family Residential District
section of this Code; with the exception of churches and
hospitals, which are permitted signs subject to the
following regulations :
(A) Churches shall be allowed signs as follows :
(1) Each church shall be allowed at least thirty-two
(32) square feet of total sign area (TOTAL SIGN
AREA includes all attached and detached signs) ;
(2) One (1) square foot of sign area for each lineal
foot of street frontage, up to a maximum of 120
square feet of total sign area;
(3) Churches with multiple street frontages shall be
allowed signs for each street frontage as listed
in divisions (1) and (2) above;
(4) Religious symbols shall not be counted as signs
either in number or area, but are still subject
to building code requirements, and
(5) A maximum of two (2) detached signs are allowed
per street frontage
(B) Hospitals shall be allowed signs as follows -
(1) Hospitals in general are allowed to have
attached, detached and monument signs as
permitted for uses in commercial zoning
districts;
(2) Hospitals, specifically those which offer 24-hour
emergency medical care and have ambulance
receiving facilities, shall be allowed to place
thirty-foot (30' ) tall (as measured from adjacent
road grade) detached or monument signs on-site;
or place standard monument signs in the right-of-
way in accordance with Vol II, Section 1-21-7-2
of this Code. Said signs shall be allowed, one
per street frontage and must contain the word
"Emergency" .
Section 1-21-4-3 Prohibitions shall be amended to read as
follows .
- In no case shall any sign.
(C) Be erected in a public easement or right-of-way or
project into a public easement or right-of-way, other
than those provided for in Vol . II, Sections 1-21-6-
6 (E) and 1-21-7-2 of this Code .
Sections 1-21-7 OFF-SITE SIGNS (BILLBOARDS) , 1-21-7-1
Prohibition within city limits, and 1-21-7-2 Allowed by
conditional use permit, shall be amended to read as follows :
- Section 1-21-7 OFF-SITE SIGNS (BILLBOARDS, HOSPITAL RIGHT-
OF-WAY SIGNS AND TOURIST BUREAU SIGNS)
- Section 1-21-7-1 Billboards
In accordance with the policy of the City to preserve and
enhance the character of the City, no off-site advertising
structures shall be erected within the City limits,
including along the freeway
; except as provided for in Vol .
II, Sections 1-21-6-5, 1-21-6-6 (E) , 1-21-7-2 and 1-21-7-3 .
- Section 1-21-7-2 Hospital Right-of-Way Signs
Hospitals are allowed to have attached, detached and
monument signs in accordance with uses allowed in
commercial zoning districts In addition, hospitals which
offer as part of their service 24-hour emergency medical
care and have ambulance receiving facilities, shall be
allowed to place permanent monument signs (as described in
Vol . II, Section 1-21-3-2 (B) (2) of this Code) within the
City right-of-way or easement along their property
frontage, if they so desire for improved visibility and/or
emergency room access, in accordance with the following
provisions :
(A) The owner shall apply for and secure proper permits,
such as building and encroachment permits, from the
city' s Development Services and/or Public Works
Departments prior to any construction taking place in
the right-of-way; said permit submittal to include a
property survey showing the location of the sign and
sign construction and elevation drawings, which shall
be subject to staff approval;
(B) All construction shall be done in compliance with the
city' s Zoning, Building and Engineering codes and
standards, M.A.G. standards as adopted by the City,
and other applicable City, County, State or Federal
Regulations,
(C) In the event any sign structure or related
improvements interfere with the city' s ability to
maintain, reconstruct, improve, or relocate any
street, road, drainage or utility appurtenances now or
in the future, the owner shall at their expense,
remove, relocate, raise or lower such items within 60
days after proper notification by the City;
(D) The owner shall provide to the City at the time of
permits issuance an endorsement naming the City, its
Mayor and Council, appointees and employees as
additional insured parties in the event of an accident
involving the placement, design and/or maintenance of
the sign in the right-of-way or easement, which shall
be in effect while the sign remains in the right-of-
way or easement;
p
(E) The owner shall agree to defend, indemnify and hold
harmless the City, its Mayor and Council, appointees
employees, and agents against any and all claims,
lawsuits, or other damages in whatever form resulting
from or pertaining to any traffic/pedestrian accident
or collision involving their sign (s) in the right-of-
way;
(F) The owner shall waive any and all potential diminution
in value and just compensation claims or lawsuits that
could be pursued against the City, its elected
officials, appointees and employees pursuant to A.R.
S . § 12-1134;
(G) If upon final inspection any item fails to meet City
approval, the owner shall immediately proceed to
correct such defect as directed by the City and shall
thereafter guarantee all materials and workmanship for
a period of 12 months .
- Section 1-21-7-3 Tourist Bureau Signs
Off-site signs, other than those permitted by Vol . II,
Sections 1-21-6-5, 1-21-6-6 (E) and 1-21-7-2 of this Code,
may be allowed by Conditional Use Permit by the Planning
and Zoning Commission Such signs shall have the purpose
of directing people to a central location or a limited
number of locations where information about the products
and services offered in the Apache Junction area may be
obtained and displayed Such information may be in the
form of maps, brochures, menus or similar materials
obtainable at a Chamber of Commerce or Tourist Bureau
location.
NCH
' y�= City p of Apache Junction
4Ih W41* Development Services Department
DATE: November 23, 2010
MEMO TO: Planning and Zoning Commission
THROUGH: Brad Steinke, Director of Development Services
Fred Baker, Planning Manager
FROM: Rudy Esquivias, Senior Planner/Zoning Admin.
SUBJECT: Nov. 23, 2010 - P&Z Public Hearing Item: Case AM-
3-10 Proposed Text Amendments to Zoning Ordinance
to Allow Hospital Signs to be Located in the City
Right-of-Way.
Summary
At their meeting on August 17, 2010, the City Council gave
direction to Staff to process the necessary amendments to the
Zoning Ordinance and other parts of the City Code (if necessary)
to allow hospitals, specifically those offering 24-hour
emergency medical care, to place permanent signs in the public
right-of-way or in public easements for improved visibility.
The Council members agreed that there is a need to consider code
changes for improved sign visibility for not only the hospital
on Southern Avenue, but for other future hospitals in the City
as well, as a matter of public health and safety. The city' s
right-of-way is typically reserved for public improvements such
as roadway, sidewalk, utilities, drainage, street-lighting,
landscaping, traffic and pedestrian movement, signals and public
signs . Private permanent signs are typically prohibited in road
rights-of-way due to potential visibility obstruction, public
safety, and liability issues related to vehicular and pedestrian
traffic movement. To allow hospitals to have their
permanent signage in the right-of-way will require changes to
the city' s Sign Code .
Related Issues
Drafting Sign Code provisions to allow hospitals to have signage
in the right-of-way will require that consideration also be
given to: narrowly defining what types of hospitals will be
allowed this privilege; the use of temporary encroachment
agreements with term limits; liability and indemnification
considerations for the owner and the City; assignment of sign
relocation responsibility and securing of appropriate surety for
sign removal should the city need the right-of-way for future
improvements; and utility companies use and access rights .
P&Z Commission Work Session Discussions
At their work session on October 12, 2010, after reviewing
Staff' s proposed first draft language, Commissioners elaborated '^
on some additional changes they wanted to see made to the
proposed amendments to make them even more amenable to
hospitals . Basically, the Commission members were in favor of
allowing hospitals (which offer 24-hour emergency medical care)
taller on-site detached or monument signs outright, as well as
the option of monument signs in the right-of-way The
Commission members also asked about the heights of some of the
taller signs in the City to get an idea for comparison (see
comparison study attached) .
At their discussion on October 26, 2010, Staff presented 2nd
draft changes to the draft language based on the Commissioners
comments from October 12 The Commissioners had a couple of
additional changes including: allowing hospitals to have 30-foot
tall on-site signs outright, whether it be a pole sign or a
monument sign, and requiring that the word "Emergency" be
included on these taller signs and on monument signs being
allowed to be located in the right-of-way.
Proposed Text Changes
Staff offers for the Commission' s discussion and consideration
the following third draft of proposed changes to various parts
of the Zoning Ordinance. We believe we have addressed all of
the Commission' s comments and suggested changes as of their ^
meeting on October 26 (changes/additions to the existing Sign
Code are shown in t-r-i-}-_-thircugh:s and italics, Commission-
suggested changes are shown in highlights, with the newest
changes shown in underlined highlights) -
Section 5 . 0101 Definitions (definition of "Hospital") shall be
amended as follows .
- Hospital shall mean an institution for the diagnosis, care
and treatment of human illness, including surgery, primary
treatment, and observation; a hospital may or may not offcr
24 hour cmcrgcncy mcdical care. Some hospitals may offer
as part of their service, 24-hour emergency medical care,
with ambulance receiving facilities.
Section 21 . 03 Definitions (in the Sign Code) shall be amended
with the addition of the following definitions :
- Hospital Right-of-Way Signs shall mean those types of signs
as allowed by Section 21 34. 1, exclusively for hospitals
which offer 24-hour emergency medical care and have
ambulance receiving facilities.
..,
- Monument Sign shall mean a freestanding sign mounted on a
low-profile solid base or a fence, or a freestanding wall,
as distinguished from support by visible poles, with a
maximum height of twelve feet (12') as measured from the
existing adjacent road grade to the top of the sign (See
height exception for hospitals which offer 24-hour
emergency medical care, per Section 21 . 09.g. )
Section 21 . 09 shall be rewritten and amended to read as follows -
- Public and quasi-public uses shall be permitted signs in
accordance with the Multiple-family Residential District
section of this Code; with the exception of churches, which
arc permitted signs subject to the following regulations : ,
with the following exceptions:
Churches shall be allowed signs as follows.
a. Each church shall be allowed at least thirty-two (32)
square feet (32' ) of total sign area ( 'total sign area'
includes all attached and detached signs) ;
b. One (1) square foot (1' ) of sign area for each lineal
foot of street frontage, up to a maximum df 120 square
feet of total sign area,
c Churches with multiple street frontages shall be allowed
signs for each street frontage as listed in Sections
21 . 09 .a and b above;
d. Religious symbols shall not be counted as signs either in
number or area, but are still subject to building code
requirements; and
e. A maximum of two (2) detached signs are allowed per
street frontage.
Hospitals shall be allowed signs as follows:
f. Hospitals in general are allowed to have attached, —d
detached and monument signs as permitted for uses in
commercial zoning districts,
g. Hospitals, specifically those which offer 24-hour
emergency medical care and have ambulance receiving
facilities, shall be allowed to place twcnty foot (20')
thirty-foot (30') tall (as measured from adjacent road
grade) detached or monument signs on-site; or place
standard monument signs in the right-of-way in accordance
with Section 21 34 1 . Said signs shall be allowed, one
per street frontage and must contain the word
"Emergency".
Section 21 22 .c shall be amended to read as follows -
- In no case shall any sign:
c. Be erected in a public easement or right-of-way or
project into a public easement or right-of-way, other
than those provided for in Sections 21 33 e and 21 . 34. 1
of this Code
Section 21 . 34 - . 35 Off-Site Signs (Billboards) shall be amended
to read as follows .
- Section 21. 34 - 35 Off-Site Signs (Billboards+, Hospital
Right-of-Way Signs, and Tourist Bureau Signs)
- Section 21 34 os'`,
In accordance with the policy of the City to preserve and
enhance the character of the City, no off-site advertising
structures shall be erected within the City limits,
including along the freeway; except as provided for in
Sections 21 32 1, 21 . 33 .e, 21 . 34. 1, and 21 35
- Section 21 . 34. 1 Hospital Right-of-Way Signs
Hospitals are allowed to have attached, and detached and
monument signs in accordance with uses allowed in
commercial zoning districts In addition, hospitals which
offer as part of their service 24-hour emergency medical
care and have ambulance receiving facilities, shall be
allowed to place permanent monument signs (as described in
Section 21 . 09.g) within the City right-of-way or easement
along their property frontage, if they so desire for
improved visibility and/or emergency room access, in
accordance with the following provisions:
a. The owner shall apply for and secure proper permits, such
as building and encroachment permits, from the city's
Development Services and/or Public Works Departments
prior to any construction taking place in the right-of-
ink way; said permit submittal to include a property survey
showing the location of the sign and sign construction
and elevation drawings, which shall be subject to staff
approval;
b All construction shall be done in compliance with the
city's Zoning, Building and Engineering codes and
standards, M A G. standards as adopted by the City, and
other applicable City, County, State or Federal
Regulations;
c. In the event any sign structure or related improvements
interfere with the city's ability to maintain,
reconstruct, improve, or relocate any street, road,
drainage or utility appurtenances now or in the future,
the owner shall at their expense, remove, relocate, raise
or lower such items within 60 days after proper
notification by the City;
d The owner shall provide to the City at the time of
permits issuance an endorsement naming the City, its
Mayor and Council, appointees and employees as additional
insured parties in the event of an accident involving the
placement, design and/or maintenance of the sign in the
risk right-of-way or easement, which shall be in effect while
the sign remains in the right-of-way or easement,
e. The owner shall agree to defend, indemnify and hold
harmless the City, its Mayor and Council, appointees
employees, and agents against any and all claims,
lawsuits, or other damages in whatever form resulting
from or pertaining to any traffic/pedestrian accident or
collision involving their sign (s) in the right-of-way;
f The owner shall waive any and all potential diminution in
value and just compensation claims or lawsuits that could
be pursued against the City, its elected officials,
appointees and employees pursuant to A.R. S. § 12-1134,
emS "IN
g. If upon final inspection any item fails to meet City
approval, the owner shall immediately proceed to correct
such defect as directed by the City and shall thereafter
guarantee all materials and workmanship for a period of
12 months
- Section 21 35 Tourist Bureau Signs
Off-site signs, other than those permitted by Sections
21 .32 . 1 afteir 21.33 e and 21.34. 1 of this Code, may be
allowed by Conditional Use Permit by the Planning and
Zoning Commission. Such signs shall have the purpose of
directing people to a central location or a limited number
of locations where information about the products and
services offered in the Apache Junction area may be
obtained and displayed Such information may be in the
form of maps, brochures, menus or similar materials
obtainable at a Chamber of Commerce or Tourist Bureau
location
Recommended Motion
I move that the Planning and Zoning Commission recommend to the
Apache Junction City Council the (approval/denial) of case AM-3-
10, proposed text amendments pertaining to signs for hospitals,
including allowing certain types of hospitals to locate monument
signs in the right-of-way, amending the Apache Junction City
Code, Volume II, Land Development Code, Chapter 1, Zoning
Ordinance, Article 1-5 Definitions and Article 1-21 Signs,
Billboards, Nameplates, Other Outdoor Advertising, in accordance
with the following recommended language (new code references to
be inserted appropriately) .
Attachment:
- Sign height comparison study
PROPOSED CODE LANGUAGE - HOSPITAL SIGNS ("Cleaned-up" version)
Section 5. 0101 Definitions (definition of "Hospital") shall be
amended as follows -
- Hospital shall mean an institution for the diagnosis, care
Am. and treatment of human illness, including surgery, primary
treatment, and observation Some hospitals may offer as
part of their service, 24-hour emergency medical care, with
ambulance receiving facilities .
Section 21 . 03 Definitions (in the Sign Code) shall be amended
with the addition of the following definitions -
- Hospital Right-of-Way Signs shall mean those types of signs
as allowed by Section 21 . 34 . 1, exclusively for hospitals
which offer 24-hour emergency medical care and have
ambulance receiving facilities .
- Monument Sign shall mean a freestanding sign mounted on a
low-profile solid base or a fence, or a freestanding wall,
as distinguished from support by visible poles, with a
maximum height of twelve feet (12' ) as measured from the
existing adjacent road grade to the top of the sign (See
height exception for hospitals which offer 24-hour
emergency medical care, per Section 21 . 09 .g) .
Section 21 . 09 shall be rewritten and amended to read as follows .
- Public and quasi-public uses shall be permitted signs in
— accordance with the Multiple-family Residential District
section of this Code, with the following exceptions -
Churches shall be allowed signs as follows •
a Each church shall be allowed at least thirty-two (32)
square feet of total sign area ( 'total sign area'
includes all attached and detached signs) ;
b. One (1) square foot of sign area for each lineal foot of
street frontage, up to a maximum of 120 square feet of
total sign area;
c. Churches with multiple street frontages shall be allowed
signs for each street frontage as listed in Sections
21 09 a and b above,
p —
d Religious symbols shall not be counted as signs either in
number or area, but are still subject to building code
requirements, and
e. A maximum of two (2) detached signs are allowed per
street frontage.
Hospitals shall be allowed signs as follows :
f. Hospitals in general are allowed to have attached,
detached and monument signs as permitted for uses in
commercial zoning districts;
g Hospitals, specifically those which offer 24-hour
emergency medical care and have ambulance receiving
facilities, shall be allowed to place thirty-foot (30' )
tall (as measured from adjacent road grade) detached or
monument signs on-site, or place standard monument signs
in the right-of-way in accordance with Section 21 34 . 1 .
Said signs shall be allowed, one per street frontage and
must contain the word "Emergency"
Section 21 . 22 . c shall be amended to read as follows .
- In no case shall any sign:
c Be erected in a public easement or right-of-way or
project into a public easement or right-of-way, other
than those provided for in Sections 21 . 33.e and 21 . 34 . 1
of this Code .
Section 21 . 34 - 35 Off-Site Signs (Billboards) shall be amended
to read as follows :
- Section 21 . 34 - . 35 Off-Site Signs (Billboards, Hospital
Right-of-Way Signs, and Tourist Bureau Signs)
- Section 21 . 34
In accordance with the policy of the City to preserve and
enhance the character of the City, no off-site advertising
structures shall be erected within the City limits,
including along the freeway; except as provided for in
Sections 21 32 1, 21 33 e, 21 34 . 1, and 21 . 35 .
Jew p
- Section 21 . 34 1 Hospital Right-of-Way Signs
Hospitals are allowed to have attached, detached and
monument signs in accordance with uses allowed in
commercial zoning districts . In addition, hospitals which
offer as part of their service 24-hour emergency medical
care and have ambulance receiving facilities, shall be
allowed to place permanent monument signs (as described in
Alma Section 21 . 09 g) within the City right-of-way or easement
along their property frontage, if they so desire for
improved visibility and/or emergency room access, in
accordance with the following provisions :
a. The owner shall apply for and secure proper permits, such
as building and encroachment permits, from the city' s
Development Services and/or Public Works Departments
prior to any construction taking place in the right-of-
way, said permit submittal to include a property survey
showing the location of the sign and sign construction
and elevation drawings, which shall be subject to staff
approval,
b All construction shall be done in compliance with the
city' s Zoning, Building and Engineering codes and
standards, M.A.G. standards as adopted by the City, and
other applicable City, County, State or Federal
Regulations,
c. In the event any sign structure or related improvements
interfere with the city' s ability to maintain,
reconstruct, improve, or relocate any street, road,
drainage or utility appurtenances now or in the future,
rink the owner shall at their expense, remove, relocate, raise
or lower such items within 60 days after proper
notification by the City,
d The owner shall provide to the City at the time of
permits issuance an endorsement naming the City, its
Mayor and Council, appointees and employees as additional
insured parties in the event of an accident involving the
placement, design and/or maintenance of the sign in the
right-of-way or easement, which shall be in effect while
the sign remains in the right-of-way or easement;
e. The owner shall agree to defend, indemnify and hold
harmless the City, its Mayor and Council, appointees
employees, and agents against any and all claims,
lawsuits, or other damages in whatever form resulting
from or pertaining to any traffic/pedestrian accident or
collision involving their sign (s) in the right-of-way;
f. The owner shall waive any and all potential diminution in
value and just compensation claims or lawsuits that could
be pursued against the City, its elected officials,
appointees and employees pursuant to A R S . § 12-1134,
g. If upon final inspection any item fails to meet City
approval, the owner shall immediately proceed to correct
such defect as directed by the City and shall thereafter
guarantee all materials and workmanship for a period of
12 months
- Section 21 . 35 Tourist Bureau Signs
Off-site signs, other than those permitted by Sections
21 . 32 . 1, 21 . 33 .e and 21 . 34 . 1 of this Code, may be allowed
by Conditional Use Permit by the Planning and Zoning
Commission. Such signs shall have the purpose of directing
people to a central location or a limited number of
locations where information about the products and services
offered in the Apache Junction area may be obtained and
displayed. Such information may be in the form of maps,
brochures, menus or similar materials obtainable at a
Chamber of Commerce or Tourist Bureau location.
SAMPLING OF OTHER TALL SIGNS:
Freeway Corridor:
4 Sod Idaho & US 60 20' 145 sq. ft.
Super 8 Motel 29th Ave. & Idaho 35' 160 sq. ft.
Sunstate S. Winchester Rd. 25' 200 sq. ft.
Burger King S. Tomahawk Rd. 40' ±100 sq. ft.
rt �N
S T k hz
Yon-Freeway Corr{ 'or:
"o, Ware- 'W. Apache Tr. 26' 96 sq. ft.
Big O Tis, , .W. Apache Tr. 16.5' 90 sq. ft.
•
Arizona Joe's Old West Hwy. 30' 15Q sq. ft.
ABCO/suPEo-r1rnat4 g- W. Apache Tr. ±25' ±150 sq. ft.
Grand Hotel W. Apache Tr. ±25' ±50 sq. ft.
Burger King W. Apache Tr. ±40' ±100 sq. ft.
McDonald's (ow St6 ) W. Apache Tr. ±25' ±180 sq. ft.
Freeway Corridor Signs
(A comparison of height granted by PD and height allowed
by the sign code)
Business Location PD Height Height allowed
4 Sons Idaho & U.S. 60 20' 30'
Waffle House Idaho & U.S 60 35' 25'
Super 8 Motel 29th Ave. and Idaho 35' 18'
Sunstate S Winchester Rd 25' 21'
£arnlrara �Ford Tomahawk & U.S 60 80' 34'
Hundai Tomahawk & U.S. 60 60' 26'
Superstition Falls Goldfield& U S 60 45' 42'
I76L Vim.
Adak
o City of ipa.the Junction
2
Home of the Super:stztzon Mountains
E Print
TO: City Manager's Office
FROM: Councilmember Jeff Serdy
DATE: January 3, 2011
Agenda Type : Work Session Agenda
Council Priority Focus Area: Public Safety
TITLE OF AGENDA ITEM:
DISCUSSION ON POSSIBLE AMENDMENTS TO ORDINANCE NO. 1285 RELATING TO WEAPONS DISPOSITION.
ACTION REQUESTED:
Presentation and Discussion
DISCUSSION/ BACKGROUND INFORMATION:
Recently there have been some interpretation and practical application challenges involving the weapons policy under
Ordinance No 1285, which currently mandates that firearms used in the commission of a crime, including suicide, be
destroyed. A discussion among the council to clarify the policy is sought, with possible direction to staff on January 18th
This item is identified in the Fiscal Year 2010-2011 City Council Work Plan.
FISCAL IMPACT:
Budgetary Approval Not Required
OPTIONS/ALTERNATIVES:
RECOMMENDATION:
ATTACHMENTS:
Click to download
0 Ordinance No.1285
ORDINANCE NO. 1285
AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF
APACHE JUNCTION, ARIZONA, AMENDING THE APACHE JUNCTION
CITY CODE, VOLUME I, CHAPTER 3 ADMINISTRATION, BY ADDING
NEW ARTICLE 3-14, PROPERTY DISPOSITION; REPEALING ANY
CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR PENALTIES. /1"*,
WHEREAS, the City of Apache Junction Department of Public
Safety/Police Department maintains a central repository for the
purpose of receiving and retaining seized evidence, including but
not limited to firearms and other weapons; and
WHEREAS, the Chief of Police exercised his discretion under
current law and recently ordered the destruction of approximately
1200 firearms; and
WHEREAS, the Mayor and City Council subsequently received
objections to the current weapon disposal practice from concerned
citizens and business proprietors; and
WHEREAS, pursuant to A.R. S. § 12-820. 02, unless a public
Employee acting within the scope of the public employee' s
employment intended to cause injury or was grossly negligent,
neither a public entity nor a public employee is liable for: 1) the
failure to prevent the sale or_ transfei of a handgun that is
unlawful under a federal or state law; and 2) the failure to
prevent the sale or transfer of a handgun to a person who may not
lawfully receive or possess a handgun; and
WHEREAS, on October 16, 2006, the Mayor and City Council held
a work session to discuss the general weapon disposal policy; and
.0016.
WHEREAS, on November 7, 2006, the Mayor and City Council
, ar,tructed City staff to establish a policy for the disposal of
firearms seized by the Department of Public Safety modeled after
the City of Mesa policy with various changes; and
WHEREAS, the Mayor and City Council find it to be in the best
interest of the City of Apache Junction to establish such a policy
rather than have authority vested solely in the Police Chief.
ORDINANCE NO. 1?85
PAGE 1 OF 4
Amok
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE
CITY OF APACHE JUNCTION, ARIZONA, AS FOLLOWS.
SECTION I IN GENERAL
Apache Junction City Code, Volume I, Chapter 3 ADMINISTRATION, is
hereby amended by adding new Article 3-14, PROPERTY DISPOSITION,
.m► as follows:
ARTICLE 3-14 PROPERTY DISPOSITION
A DEFINITIONS
"Administrative Procedures" shall be those regulations which
the City creates relating to weapons disposition.
"Historic Significance" shall mean some special or important
past
"Licensed Dealers" shall mean those persons, firms, or other
entities which hold current and valid governmental
<utnori7atton to trade, sell or barter weapons.
"Preservation Entity" shall mean any governmental or private
agency, association, or organization that displays to the
public for a fee or for free, weapons in their original
condition or those that have been restored.
B. WEAPONS DISPOSITION
All seized or appropriated weapons that are in the
possession of the Apache Junction Police Department shall
be.
In
a) Returned to the lawful owner, if he or she is not a
prohibited possessor as defined ander A. R. S. § 13-3101 or
otherwise has not been prohibited from possessing such
weapon (s) pursuant to a plea agreement or court order
b) Converted to use by members of the City of Apache
Junction Police Department in performance of their
duties, as determined by the Chief of Police.
c) Transferred to other law enforcement agencies for
official law enforcement purposes, as determined by the
Chief of Police.
ORDINANCE NO. 1285
PAGE 2 OF 4
d) Transferred or sold to appropriate museums or other
preservation entities if such weapons have historical
significance, as determined by an expert in antiquities
and rare items employed by the State of Arizona or a
private museum.
e) Offered at auction to licensed weapon dealers; if the
weapon is a firearm and it is valued at One Hundred
Dollars ($100) or more, such valuation shall be confirmed
by the "Blue Book of Gun Values" by S. P. Fjestad, or
equivalent authority. However, the following firearms
shall be destroyed in a manner the Chief of Police
believes is commercially viable:
1) Firearms that have been illegally modified or are
specifically illegal to possess under Arizona or
federal law.
11 ) Firearms used in the commission of a crime,
including suicide.
air ) I'rr=arms whose serial numbers have been altered or
defaced, except for handguns which were
manufactured before 1938 and long rifles
manufactured before 1968, in which case the Chief
of Police shall dispose of through an auction after
having examined and valued by an expert as
identified in subsection (d) above. Such value
shall be the opening bid price at any auction.
C Administrative procedures for the auction of firearms shall
be followed in accordance with Arizona law.
D. All weapons not otherwise disposed of by the preceding
methods shall be destroyed in a manner the Chief of Police
believes is commercially viable .
E Any funds collected as a result of City-initiated weapon
auctio,is shall be placed in the City of Apache Junction
General Fund and be specifically allocated to the Police
Department budget.
ORDINANCE NO 1235
PAGE 3 OF 4
SEC'IJON 11 REPEALING ANY CONFLICTING ORDINANCES
P11 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
It 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
,nconstitutional by the decision of any court of competent
jirisd] ction, such decision shall not affect the validity of the
remaining portions thereof
SECTION 1V PROVIDING FOR PENALTIES
Ary vioJation of any of the 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 CITY OF
n ACHE; 'UNCTION, ARIZONA, THIS _ 0.11 _ DAY OF FEBRUAR1.
SIGNED AND ATTESTED TO THIS 22ND DAY OF � Y , 2007
•
DOUGLAS C LEMAN
Mayor
A2T SI'
'? t�a -
FAT' LFEN CONNELLY
City C] erk
APPROVED AS IO FORM:
4#‘-- 2417/-07
RICLIARD J . STERN
City Attorney
ORDINANCE NO. ] 285
PAGE 4 OF 4
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Home qf the Superstition .Il oufttiins
ti Print
TO: City Manager's Office
FROM: Todd Kennedy,Assistant Planner
DATE: January 3, 2011
Agenda Type : Work Session Agenda
Council Priority Focus Area: Community Development
TITLE OF AGENDA ITEM:
PRESENTATION AND DISCUSSION ON PROPOSED 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).
At their meeting of September 28, 2010 the Planning and Zoning Commission voted 6-1 to recommend to the city council
approval the home-based occupation text amendment.
FISCAL IMPACT:
Budgetary Approval Not Required
a•.
OPTIONS/ALTERNATIVES;
Zoning Ordinance Requirement
RECOMMENDATION:
Discussion Only
ATTACHMENTS.
Click to download
D CC Mmeo
Council Draft Resolution 10-39
D Ordinance 1362
D Text Amendment Language
D PZ Commission staff report
D Commision Ordinance 1362
0 Current HBO difinition
THERE IS ADDITIONAL
INFORMATION ON THIS ITEM
IN THE REGULAR MEETING
SECTION UNDER ITEM
PpACkf✓
G
," ,i y�- City of acl�e unction
0 ., z
Hoare o�'the ,Supers/luau )I oun/anz s•
�R110�*
a Print
TO: City Manager's Office
FROM: Rudy Esquivias, Senior Planner/Zoning Administrator
DATE: January 3, 2011
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 (CUP) PROCESS
ACTION REQUESTED:
DISCUSSION/BACKGROUND INFORMATION:
At their work session on July 13, 2010, the Planning and Zoning Commission indicated to staff that they wanted new horse
boarding businesses to be approved through a Conditional Use Permit (CUP) process, and that the equine regulations be
very specifically amended to address only that issue.
At their regular meeting on September 28, 2010, the commission unanimously voted in favor of the proposed amendment
FISCAL IMPACT:
Budgetary Approval Not Required
"'OPTIONS/ALTERNATIVES:
Zoning Ordinance Requirement
RECOMMENDATION:
Presentation and Discussion only.
ATTACHMENT
Click to download
❑ CC Memo
❑ Draft Ord. 1369
❑ AM-2-10 PZ Report
D Equine Regs.with change
❑ 1st Draft Ordinance
PP.CH ✓
City of Apache Junction
aR,. Development Services Department
DATE. January 3, 2011
MEMO TO. Honorable Mayor and City Council Members
THROUGH: George Hoffman, City Manager
Brad Steinke, Development Services Director
Fred Baker, Planning Manager
FROM: Rudy Esquivias, Senior Planner/Zoning Admin.
SUBJECT: Jan. 3, 2011, City Council Work Session:
Case AM-2-10 (Ord No. 1369)- 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.
City Council Work Session
No additional changes were suggested by Council members at their Work
Session discussion on November 15, 2010. 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 (i.e. , a horse boarding business proposed after
the effective date of Ordinance No. 1369) 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.
Attached. Draft Ord. #1369, Sept 28, 2010, P&Z Staff Report w/Attachments
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 1-6,
GENERAL PROVISIONS AND EXCEPTIONS, BY AMENDING SECTION 1-6-33 EQUINE
AlIlk
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 (newly
recodified as Article 1-6) General Provisions and Exceptions, by adding
Section 6.0130 (newly recodified as Section 1-6-33) 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 coitimercial 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 1-6, General Provisions and Exceptions, Section
1-6-33 Equine Regulations, shall be amended as follows.
ORDINANCE NO. 1369
PAGE 1 OF 3
Section 1-6-33 (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 1-6-1 Conditional Use Permits, shall be
required prior to any new commercial horse boarding business
being established in the City subsequent to the effective
date of this ordinance (adopted January 4, 2011; effective
February 3, 2011) . 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 , 2011
SIGNED AND ATTESTED TO THIS DAY OF , 2011.
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
Ask
Ask
ORDINANCE NO. 1369
PAGE 3 OF 3
P pCHE-
(§
Z City of Apache Junction
4q� pNP' 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 v.
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.
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
.^ 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- Strikethreughs = 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 r�
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 10% 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, 2009) These 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 er
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
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.
p
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
.0"4, 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 Cotssion 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
OW. 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
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
ORDINANCE NO 13
PAGE 3 OF