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HomeMy WebLinkAbout2015 08.31 City Council Work Session Agenda ��,,. rtsk-7- City of Apache Junction, Arizona Meeting location 3 City Council Chambers '•1 at City Hall Agenda 300E Superstition Blvd g Apache Junction,AZ ,rr 1; 85119 City Council Work Session www ajcity net Ph (480)982-8002 Monday,August 31,2015 7 00 PM City Council Chambers A. CALL TO ORDER B. ROLL CALL C. AGENDA ITEMS 1 Presentation and discussion on First Amendment to Janitorial Services Agreement between GCA Services Group, Inc and the City of Apache Junction Staff is recommending approval of the amendment to the agreement with GCA Services Group, Inc which would include janitorial services in the police department in the amount of$22,297 28 per year 2. Presentation and discussion on renewal of the East Valley Adult Resources License Agreement for Senior Services at the Apache Junction Multi-Generational Center 3. Presentation and discussion regarding draft Ordinance No 1418 allowing the continuation of the 2% sales tax set to expire on September 1, 2016 4. Discussion on use tax. During the August 3, 2015 Work Session, ,.\ council heard a presentation from Lee Grafstrom, Tax Policy Analyst at the League of Arizona Cities and Towns, on use tax and its implementation This gives council the opportunity to discuss the possible adoption of a use tax 5 Discussion on dates, times, and locations for a possible joint meeting with the Apache Junction School Unified District Board Council may also wish to discuss an agenda for the joint meeting 6. Presentation and discussion on the city's special event process 7. Presentation and discussion regarding the city's existing Development Design Standards in the Land Development Code- Volume II,Article 1-13, Zoning Code and their application to existing development and new development projects. City of Apache Junction,Arizona Page 1 Printed on 8/24/2015 City Council Work Session Agenda August 31,2015 8 Presentation and discussion of an overview of zoning regulations in general, types of zoning systems, the history of the city's zoning code, amendments made in the summer of 2014 to the text and zoning map, possible revisions to fine tune those recent amendments and revisions necessary to comply with recent court decisions regarding group living arrangements 9 Presentation and discussion of City Code Chapter 9 Health and Sanitation, Article 9-1 Property Maintenace Standards, Article 9-2 Refuse, Garbage, Debris, Junk, Trash and Litter Removal, background of Property Maintenance Standards adoptions and possible changes to the standards. D. ADJOURNMENT Copies of this agenda and additional information regarding any of the items listed above may be obtained Monday through Thursdays, 7 00a—6 00p, excluding holidays, from the City Clerk's office located at 300 East Superstition Boulevard,Apache Junction, AZ The City of Apache Junction invites and welcomes people of all abilities to use our programs, sites and facilities Specific requests may be made by contacting the Human Resources Office at(480)474-2617 or TDD(480) 983-0095 Adolk City of Apache Junction,Arizona Page 2 Printed on 8/24/2015 City of Apache Junction, Arizona 300 E Superstition Boulevard c$ Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No 1 File ID 15-325 Sponsor. Heather Hodgman Agenda Date 8/31/2015 Index In Control. City Council Work Session Presentation and discussion on First Amendment to Janitorial Services Agreement between GCA Services Group, Inc and the City of Apache Junction Staff is recommending approval of the amendment to the agreement with GCA Services Group, Inc which would include janitorial services in the police department in the amount of$22,297 28 per year Attachments City of Apache Junction,Arizona Page 1 Printed on 8/24/2015 THERE IS ADDITIONAL INFORMATION ON THIS ITEM IN THE REGULAR MEETING SECTION UNDER ITEM ,? wRi City of Apache Junction, Arizona 300 E Superstition Boulevard o Agenda Item Cover Sheet Apache Junction AZ 85119 =i * Agenda Item No.2. File ID: 15-301 Sponsor- Liz Langenbach Agenda Date: 8/31/2015 Index. In Control- City Council Work Session Presentation and discussion on renewal of the East Valley Adult Resources License Agreement for Senior Services at the Apache Junction Multi-Generational Center Attachments City of Apache Junction,Arizona Page 1 Printed on 8/24/2015 LICENSE AGREEMENT WITH MESA SENIOR SERVICES FOR SENIOR ACTIVITIES IN CiTY MULTIGENERATIONAL CENTER THIS LICENSE AGREEMENT(the "License") entered into this 21 st day of June 2005 by and between the CITY OF APACHE JUNCTION, an Arizona municipal corporation (hereinafter "Licensor") and MESA SENIOR SERVICES, INC. (hereinafter "Licensee") for use of portions of City's Multigenerational Center, RECITALS WHEREAS, Licensor is the owner in fee simple of a parcel of land located in the City of Apache Junction, Pinal County, State of Arizona, legally described on Exhibit A (hereinafter the "Premises"); and WHEREAS, Licensor has constructed a new state-of-the-art multigererational center, complete with a full gymnasium, kitchen, multipurpose classrooms, offices and other recreation amenities; and WHEREAS, since 1996, Licensee has provided senior services for the City including but not limited to providing senior congregate and home-delivered meals and outreach, transportation, health and wellness activities, and socialization; and WHEREAS, Licensor is willing to provide Licensee through this Agreement use of certain space and facilities located within the multigenerational center, as depicted in Exhibit B, and Licensee desires to use such space and facilities subject to all the terms and conditions of this Agreement as set forth below. NOW, THEREFORE, Licensor licenses to Licensee the Premises consistent with the terms and conditions agreed by the parties as follows: • AGREEMENT 1. Licensed Premises. Licensor"`licenses to Licensee the Premises, as described in Exhibit"A" and as depicted in Exhibit"B". 2. Term. The term of this Agreement shall be ten (10) years beginning on June 21 , 2005 and ending on March 1, 2015, unless otherwise extended, cancelled or terminated as provided herein. 3. Termination. Either party shall have the right to provide the other party one hundred twenty (120) calendar days notice to the other party of its intent to terminate this Agreement anytime during the term of this Agreement. 4. License Fee. Licensee shall pay Licensor the sum of ten dollars ($10.00) per year and by other good and valuable consideration as provided herein. 5. Use of Premises. Licensee is granted a license for use of the Premises delineated in Exhibit B attached hereto, during the Operational Hours of 8 a.m. through 5 p.m. Mountain Standard Time, Mondays through Fridays. The parties may seek permission from each other to use nonexclusive areas as noted in Exhibit B. Such permission by both parties needs to be presented with as much advance notice as possible, which permission by either party cannot be unreasonably withheld. Licensee shall abide by all Parks and Recreation Regulations on file with the Parks and Recreation Director. The recipients of the services shall be at least fifty-five (55) years of age. Licensee may also use the Premises for congregate and home delivered meal programs. Licensee shall not permit the Premises to be used for religious purposes or allow alcoholic beverages to be brought on the Premises. 6. Maintenance, Utilities and Supplies; Alterations; Emergency Use of City Vehicles. Licensor shall keep the Premises in good repair and condition during License Term, except for damage caused by Licensee's activities under the direction and control of Licensee for which Licensee shall have repaired at its sole expense. Licensee shall be responsible for all damages, wear and tear not ordinary to the use of the Premises caused by Licensee, its employees, agents, service personnel, program participants, contractors, invitees and guests and concessionaries. Licensee is responsible for maintenance of all kitchen equipment. Repairs exceeding Five Thousand Dollars ($5,000.00) will be shared equally by Licensor and Licensee. Replacement of kitchen equipment provided by Licensor will be the responsibility of Licensor. It is Licensee's responsibility on a daily basis for all routine cleaning. Licensor is responsible for any substantial repairs or replacement of furniture and non-kitchen fixtures and equipment not due to any of Licensee's activities. Licensor is not responsible for any of Licensee's equipment it moves onto the Premises. Licensee shall pay for its own long distance telephone calls and Internet use and that of its program participants. Licensor shall be responsible for all other utilities. Licensee shall make no changes, modifications or alterations of the Premises without the express written permission from Licensor. Licensee may, at the discretion of the Licensor's Parks and Recreation Director, request use of a City vehicle in an emergency situation. In such case, and in the event of an accident, Licensee's insurance shall cover all liability. 7. Default and Remedies. A. It shall be a default if: 1) Licensee fails to pay License Fee or any other sum when due as applicable, and does not cure such default within ten (10) calendar days after receipt of written notice from Licensor; 2) Either party fails to perform any other covenant or condition of this License and does not cure such other 2 action within thirty (30) calendar days after written notice from the nonbreaching party of such deficiency; 3) Either party abandons the Premises; 4) Either party is adjudicated as bankrupt or makes any assignment for the benefit of creditors; 5) Either party becomes insolvent; 6) Either party misuses the Premises; or 7) Either party fails to obtain and maintain adequate insurance. B. In the event of default, Licensor shall have the right at its option, in addition and not exclusive of any other remedy Licensor may have by operation of law, without any further demand or notice, to enter Premises and eject all persons therefrom, and declare this Agreement terminated, in which case Licensee shall immediately cease using the Premises and shall vacate the Premises. C. if either party institutes a lawsuit to enforce its rights hereunder upon a final non-appealable judgment, the losing party shall pay the prevailing party's reasonable attorney fees provided that the prevailing party shows the losing party acted in bad faith In bringing or defending the action. 8. Cure by Licensor/Licensee. In the event of any default of this Agreement by Licensee, Licensor may at any time after thirty (30) calendar days written notice, cure the default for the account of and at the expense of Licensee. The sums so paid by Licensor, with all interest, costs, and damages shall be deemed to be additional rental and shall be due from Licensee to Licensor on the first day of the month following the incurring of the respective expenses. Similarly, Licensor shall be responsible for any liability Licensor causes to Licensee as a result of Licensor's negligent actions but shall have thirty (30) calendar days to cure any deficiencies causing such liability. 9. Indemnity and Insurance. A. Disclaimer of Liability: Licensor shall not at any time be liable for injury or damage occurring to any person or property from any cause whatsoever arising out of Licensee's use or operation of Premises. B. Indemnification: Except as to the extent attributable to the negligent or intentional acts or omissions of Licensor, its Mayor, Councilmembers, appointees, employees or agents and independent contractors, Licensee shall at Its sole cost and expense, indemnify and hold harmless Licensor and all associated, affiliated, allied and subsidiary entities of Licensor, and their respective officers, boards, commissions, employees, agents, attorneys, and contractors (the "indemnitees" collectively), from and against: a) Any and all liability, obligation, damages, penalties, claims, liens, costs, charges, losses and expenses, including without limitation, reasonable fees and expenses of attorneys, expert witnesses and consultants, which may be imposed upon, incurred by or be asserted against the 3 ... • Indemnitees by reason of act or omission of Licensee, its personnel, employees, agents, contractors or subcontractors, invitees, guests, concessionaires, resulting in personal injury, bodily injury, sickness, disease or death to any person or damage to, loss of or destructive or tangible or intangible property which may arise out of or be in any way connected with the use of the Premises or Licensee's failure to comply with any federal, state or local statute, ordinance or regulation. b) Any and all liabilities, obligations, damages, penalties, claims, liens, costs, charges, losses and expenses, including without limitation, reasonable fees and expenses of attorneys, expert witnesses and other consultations, which are imposed upon, incurred by or asserted against Indemnitees by reason of any claim or lien arising out of work, labor, materials or supplies provided or supplied to Licensee, its contractors or subcontractors, employees, agents, customers, concessionaires, invitees or guests, for the use of the Premises and upon the written request of Licensor, Licensee shall cause such claim or lien covering Licensor's property to be, discharged or bonded within thirty (30) calendar days following such request. c) Licensee's obligation to indemnify Indemnitees under License shall not extend to claims, losses, and other matters covered hereunder that are caused or contributed to by or arising from the comparative negligence of one or more Indemnities. This paragraph shall survive the expiration or early termination of License. C. insurance: During the term of this Agreement, Licensee shall maintain, or cause to be maintained, In full force and effect and at its sole cost and expense, the following types and limits of insurance: a. Worker's Compensation insurance meeting applicable statutory requirement and employer's liability insurance with minimum limits of One Hundred Thousand Dollars ($100,000) for each accident. b. Comprehensive commercial general liability insurance with minimum limits of Two Million Dollars ($2,000,000) as the combined single limit for each occurrence of bodily injury, personal injury and property damage. The policy shall provide blanket contractual liability insurance for all written contracts, and shall include coverage for products and completed operations liability, independent contractor's liability; coverage for property damage from perils of explosion, collapse or damage to underground utilities, commonly known as "XCU" coverage. c. Automobile liability insurance covering all owned, hired, and non-owned vehicles in use by Licensee, its employees and agents, with personal 4 • protection insurance and property protection insurance to comply with the provisions of state law with minimum limits of Two Million Dollars ($2,000,000) as the combined single limit for each occurrence for bodily injury and property damage. d. All policies other than those for Worker's Compensation shall be written on an occurrence and not on a claims made basis. e. The coverage amounts set forth above may be met by a combination of underlying and umbrella policies so long as in combination the limits equal or exceed those stated. D. Insurance Companies: All insurance shall be effected under valid and enforceable policies, insured by insurers licensed to do business in the State of Arizona or surplus line carriers on the State of Arizona Insurance Commissioner's approved list of companies qualified to do business in the State of Arizona. E. Deductibles: Licensee agrees to indemnify and hold harmless Licensor, the Indemnitees and Additional Insureds (the City, Mayor, Councilmembers, appointees and employees) from and against the payment of any deductible and from the payment of any premiums on any insurance policy required to be furnished in this Agreement. F. Assumption of Risk: Licensee undertakes and assumes for its officers, agents, affiliates, contractors and subcontractors, invitees, guests, Concessionaires, and employees, all risk of dangerous conditions, if any, on or about the Premises, and Licensee hereby agrees to indemnify and hold harmless indemnities for personal Injury or property damage to any person arising out of the Licensee's use of Premises or Licensee's failure to comply with any federal, state or local statute, ordinance or regulation. G. Defense of Indemnities: In the event any action or proceeding is brought against Indemnities by reason of any matter for which indemnities are indemnified hereunder, Licensee shall upon notice from any Indemnities, defend the same with legal counsel mutually selected by Licensee and Licensor; provided however, that Licensee shall not admit liability in any such matter on behalf of Indemnities without the written consent of Licensor and provided further that Indemnities shall not admit liability for, nor enter into any compromise or settlement of, any claim for which they are indemnified hereunder, without the prior written consent of Licensee. H. Named Insureds: All policies, except for business Interruption and worker's compensation policies, shall name Licensor and all associated, affiliated, allied and subsidiary entities of Licensor, now existing or hereafter created, and their respective officers, boards, commissions, employees, agents, and contractors, as their respective interests may appear as the "Additional 6 • Insureds". Each policy which is to be endorsed to add Additional insureds hereunder, shall contain cross liability wording, as follows: "In the event of a claim being made hereunder by one insured for which another is or may be liable, then this policy shall cover such insured against whom a claim is or may be made in the same manner as if separate policies had been issued to each insured hereunder." I. Evidence of Insurance: A copy of each Certificate of insurance containing no disclaimer, or a certified copy of the policy acceptable to Licensor and designation of those individuals and governmental bodies referenced above as Additional insureds shall be filed with Licensor prior to any use of the Premises. Licensee shall file such documentation annually with Licensor in the Office of the City Clerk. The certificates shall contain a provision that coverage is supported in the amounts specified herein and that the policy will not expire, be canceled or changed during the term of this License. The form of the certificates of insurance and endorsements shall comply with the terms of this License, and shall be issued and delivered to: City Attorney, City of Apache Junction, 300 E. Superstition Blvd., Apache Junction, AZ 85219. All Insurance policies maintained pursuant to this License shall contain the following endorsement: "At least sixty (60) calendar days prior written notice shall be given to Licensor by the Insured of any intention not to renew such policy or to cancel, replace, or materially alter the same, such notice to be given by registered mail to the parties named in the License." 10. Hazardous Substance Indemnification. Licensee represents and warrants that its use of Premises will not generate any hazardous substance, and it will not store or dispose on Premises nor transport to or over Premises any hazardous substance with the exception of cleaning solvents in amounts that violate applicable laws. Licensee represents and warrants: (1) that Licensee nor, to Licensee's knowledge, any third party has used, generated, stored or disposed of, or permitted the use, generation, storage or disposal of any hazardous substance on Premises; and (2) that Licensee will not, and will not permit any third party, to use, generate, store or dispose of any hazardous substance on Premises. Licensor represents and warrants: (1) that Licensor nor, to Licensor's knowledge, any third party has used, generated, stored or disposed of, or permitted the use, generation, storage or disposal of any hazardous substance on Premises; and (2) that Licensor will not, and will not permit any third party to use, generate, store or dispose of any hazardous substance on Premises. Licensor and Licensee each agree to defend, indemnify and hold harmless the other and the other's partners, affiliates, agents and employees against any losses, liabilities, claims and/or costs (including reasonable attorney fees and costs) arising from any breach of any representation or warranty contained in this paragraph. "Hazardous Substance" means any substance or material defined or designated as a hazardous or toxic waste, hazardous or toxic material, hazardous 6 • or toxic or radioactive substance, or other similar term by any federal, state, or local environmental law, regulation or rule presently in effect, as such laws, regulations or rules may be amended from time to time; and shall also include but not be limited to any substance which after release into the environment will or may reasonably be anticipated to cause sickness, death or disease. Failure to maintain the insurance coverage set forth wherein shall constitute a default under this Agreement 11. Notices. Ail notices, requests, demands and other communications hereunder shall be in writing and shall be deemed given if personally delivered or mailed by certified mail, return receipt requested, or by overnightlexpress mail, to the following addresses and persons: If to Licensor: With a copy to: Parks and Recreation Director City Attorney City of Apache Junction City of Apache Junction 300 East Superstition 300 East Superstition Apache Junction, AZ 85219 Apache Junction, AZ 85219 If to Licensee to: Mesa Senior Services Dan Taylor 45 West University Drive, Suite A Mesa, AZ 85201 12. Non-Waiver. Failure of Licensor to insist on strict performance of any of its rights hereunder shalt not waive such rights, but Licensor shall have the right to enforce such rights at any time and take such action as might be lawful or authorized hereunder, either in law or equity. The receipt of any sum paid by Licensee to Licensor after a breach of this License shall not be deemed a waiver of such breach unless expressly set forth In writing. 13. Authority to Contract: Licensor and Licensee represent that each, respectively, has full right, power, and authority to execute License. 14. Excusable Delays: Licensor and Licensee shall exert all efforts to perform their respective responsibilities under License. However, neither Licensor nor Licensee shall be held responsible for inability to render timely performance if such inability is a direct result of a force beyond their control, including: acts of war, terrorist acts, strikes, embargoes, failure of carriers, inability to obtain transportation facilities, and Acts of God. 15. Amendment: It is mutually understood and agreed that no alteration or variation of the terms and conditions of License shall be valid unless made in 7 • writing and signed by the parties hereto, and that oral understandings or agreements not incorporated herein shall not be binding on the parties. 16. Severability: If any part, term or provision of License shall be held illegal, unenforceable or in conflict with any law, the validity of the remaining portions and provisions hereof shall not be affected. 17. Governing Law and Venue: The terms and conditions of License 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 the License, 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. 18. Conflicts of Interest: The provisions of Arizona Revised Statutes Annotated § 38-511 relating to cancellation of contracts due to conflicts of interest shall apply to this License. IN WITNESS WHEREOF, the parties have caused Lease to be signed by their duly authorized representatives as of this 2lstday of June , 2005. LICENSOR CITY OF APACHE JUNCTION, an Arizona municipal corporation Printed Name: Its: Mayor Date: l%/ ,S ATTEST: 16, Kathleen Connelly, City O erk APPROVED AS TO FORM: Richard J. Stern, City Attorney 8 LICENSEE MESA SENIOR SERVICES, a non- profit 501 C(3) organization By &" Printed Name: J JAt j . Date: colrI (Zoos 9 EXHIBIT 'A' Multi-Generational Center Description of the Premises Legal Description: A portion of the southwest 1/4 of the southwest 1/4 of section 16, township 1 north, range 8 east of the G. & S R. B. & Meridian. Located at 1035 North Idaho Road in Apache Junction, Arizona. , EXHIBIT 'B` wrg- -.. - . 4'1 , I / NOTE: SHADING REPRESENTS SENIOR CENTER LICENSED AREAS ..:) . 0.,•.,‘..A.,&,..,... \\*:\---- ..0‘A•4;\-\" \- ,\'1:-.:''''r- ISM - ' ' '. - /I -N.., • ' • ',IN % ,,.:),) ... • ,_,......„.....(...GYitN AST:"...-..".\/ ? 1111r--,----- v...... :.:•ibm-1 ja:' „4,-/- c.,\ - r' / I ,.. .. . .1]..r .r2s-j ,121 .s I*it; ,'t',,,\ . . ,! •:)..,w-.. ' - _ - \ . -\ )11 f'.71i IL.:-. '-''-r. '.: ,,xN-,.,:. , • . . -t, rornerCOCIVI. • 1 OFFICE 1 7 • .41.14.-InitIPOSE: MeV \AI':1,74 REaamtaG%\ :0',/ „,,, i G&W 1i a . ; ( .1- •'MICE-4.-. .-,.......:',..:: 11,_-_,..:.,"-..:•.........,.•.-,,,,,,.--,... ..L.-:-::_-_:_...-, , . mei PI .4-, i i_ ,, w -. , ,..,,.. • .t..--,,qt..444z.-aA...g,- ..e....zP7,-,L5-.--- 7 ---- ..) -'.-7-- ..7.--- ff.7..;...7..;'9'"F---47 -ltk- C.TICEsoim\ .,,,:.:15-4:f5-1-----1. 111116e41111140 Loan-If :,,qi / ---"") ..:-----.1 L., :•'_2.!..1 ....-- ... .„--"----"-s- -a .. .. r4 -', ‘..1..- _ . . ' ----......44,..._„. STORAGE .,./ •''' - r....., 1 REC. : RECEFT Raoicccr \::,7..'. 1•4-0,..:, , _,,,,,„_-___,,w,... s. - //:-.--...,.. -....,.., .. . • Tit- --- •- - -"---- - - .- .11. •--..,........,...„...... --,Q.,,,,: -7 i ;111111 --:-:17..-rt102443.•- '4, IP mapstnes a+.4.111.--4.- iiiiiIMill ..------ • . . ST:RAGE / 0 LCORY ,.••• \ ‘ , ... / o - ARTS&CRAFTS .. .i - _,•-:•„4.,, LOUNGE \ 1 r) 1141...:,; ) STORAGE ; -j r .._ ,_:,... , ,E3i.,‘:.ii a sow? DIVISAISE CIASSROOM ------, '1.j 1--#1,1 .-.:.;-• tik-,,,: i i r":"„,'.111tdr,.....7 f,,,., , L_ TORN ACTIIATIES . . RAIN -i-r•-•,-.7- .--•,-, 110.._ to 11 par FARO MULTI—GENERATIONAL CENTER FIRST FLOOR PLAN mat_2003 ) ) h, '• City of Apache Junction, Arizona 300 E Superstition rY Boulevard -; Agenda Item Cover Sheet Apache Junction AZ 85119 Agenda Item No 3 File ID. 15-311 Sponsor: Bryant Powell Agenda Date: 8/31/2015 Index. In Control.City Council Work Session Presentation and discussion regarding draft Ordinance No 1418 allowing the continuation of the 2% sales tax set to expire on September 1, 2016 Attachments: City of Apache Junction,Arizona Page 1 Printed on 8/24/2015 es DRAFT 8/24/15 ORDINANCE NO. 1418 AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, RELATING TO THE TRANSACTION PRIVILEGE LICENSE TAX (SALES TAX) ; AMENDING THE TAX CODE OF THE CITY OF APACHE JUNCTION BY CONTINUING THE RATE OF TAXATION BY TWO-TENTHS OF ONE PERCENT ( .2%) AS ORIGINALLY ADOPTED BY ORDINANCE NO. 1129 AND INITIALLY CONTINUED BY ORDINANCE NO. 1359; DESIGNATING THE PURPOSE; DESIGNATING AN EFFECTIVE DATE; DESIGNATING A TERMINATION DATE, COMMONLY KNOWN AS THE "SUNSET CLAUSE", PROVIDING FOR EXISTING CONTRACTS, PROVIDING FOR PENALTIES, REPEALING ANY CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR NOTICE. WHEREAS, Arizona Revised Statutes § 9-240 (B) (26) conveys upon the Mayor and City Council the power to levy taxes including a transaction privilege license tax (also known as the "sales tax") , and WHEREAS, up until September 1, 2000, the City had a sales tax rate of 2 0%; and WHEREAS, to build critical capital facilities including a new rodeo ground and events center, library expansion, skate park, swim center, court, city hall and multigenerational recreation center, the City Council on May 16, 2000, passed Ordinance No 1129 which increased the sales tax rate from 2 . 0% to 2 .2% with a sunset provision of September 1, 2010; and WHEREAS, to address financial challenges due to resulting effects of the 2008 recession, the City Council voted to continue the sales tax at this additional 0. 2% rate until September 1, 2016 by passing Ordinance No. 1359 on March 1, 2010; and WHEREAS, on December 2, 2014, the Mayor and City Council passed Ordinance No. 1406 which increased the sales tax rate another 0 2% to address necessary city roadway improvement costs with a sunset date of March 1, 2025; and WHEREAS, the City of Apache Junction is still experiencing diminished revenues due to the 2008 recession; and ORDINANCE NO. 1418 PAGE 1 OF 7 WHEREAS, having no municipal property tax, the City of Apache Junction relies predominantly upon sales tax revenues to provide city services; and WHEREAS, the City Apache A ache Junction has a mandatory obligation to pay into the Public Safety Personnel Retirement System costs which have increased from $645, 808 in Fiscal Year 2010-2011 to $1, 720, 540 in Fiscal Year 2015-2016 and projected to be 2 213 1$ 90 in Fiscal Year 2016-2017; and WHEREAS, the Mayor and City Council have determined that the continuation of the original two-tenths of one percent ( . 2%) transaction privilege license tax (sales tax) increase is necessary to sustain the quality of life for community residents and enhance the public health, safety and welfare; and WHEREAS, at their regular meetings of August 4, 2015 and September 1, 2015, a majority of the Mayor and City Council directed staff to prepare an ordinance for a continuation of the original .2% sales tax increase in compliance with State law and the Model City Tax Code; and WHEREAS, changes to the transaction privilege tax rate are affected by amending the Tax Code of the City of Apache Junction, and by appropriate notification to city taxpayers and to the Arizona Department of Revenue and the Municipal Tax Code Commission. WHEREAS, pursuant to A.R.S. § 9-499 15, the City provided sixty-day written notice of the proposed sales tax increase on the City' s website (www.ajcity net) before the date of the public hearing when this ordinance is to be considered. NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AS FOLLOWS: SECTION I IN GENERAL A. The tax rate in each of the following sections of the city tax code is continued at the rate of two and two-tenths percent (2 .2%) , in addition to 0 .2% for road improvement projects already imposed under Ordinance No. 1406 with a separate sunset date of March 1, 2025- Section 8A-405 Advertising ORDINANCE NO 1418 PAGE 2 OF 7 Section 8A-410 Amusement, exhibitions and similar activities Section 8A-415 Construction contracting- construction contractors Section 8A-416 Construction contracting: speculative builders Section 8A-417 Construction contracting: owner- builders who are not speculative OmN builders Section 8A-420 Feed at wholesale Section 8A-425 Job printing Section 8A-427 Manufactured buildings Section 8A-430 Timbering and other extractions Section 8A-435 Publishing and periodicals distribution Section 8A-444 Hotels Section 8A-447 Additional tax upon transient lodging Section 8A-450 Rental, leasing and licensing for use of tangible personal property Section 8A-455 Restaurants and bars Section 8A-462 Food for home consumption Section 8A-475 Transporting for hire B. The tax rate in the following sections of the city tax code is continued at the rate of three and two-tenths percent (3.2%) , plus another 0.2% as approved by the Mayor and City Council on December 2, 2014 under Ordinance No. 1406 with a separate sunset date of March 1, 2025• Section 8A-470 Telecommunications services Section 8A-480 Utility services C. Section 8A-460 of the city tax code is amended to read as follows: Section 8A-460. Retail sales: measure of tax; burden of proof; exclusions (a) The tax rate shall be at the amount equal to two and two-tenths percent (2 . 2%) of the gross income from the business activity upon every person engaging or continuing in the business of selling personal property at retail, plus another 0. 2% as approved by the Mayor and City Council on December 2, 2014 under Ordinance No. 1406 until March 1, 2025. ORDINANCE NO. 1418 PAGE 3 OF 7 Ir,1 (b) The burden of proving that a sale of tangible personal property is not a taxable retail sale shall be upon the person who made the sale. (c) Exclusions: For the purpose of this Chapter, sales of tangible personal property shall not include: /'1 (1) sales of stocks, bonds, options or other similar materials. (2) sales of lottery tickets or shares pursuant to Article 1, Chapter 5, Title 5, Arizona Revised Statutes. (3) sales of platinum, bullion or monetized bullion, except minted or manufactured coins transferred or acquired primarily for their numismatic value as prescribed by regulation. (4) gross income derived from the transfer of tangible personal property which is specifically included as the gross income of a business activity upon which another Section of this Article imposes a tax, shall be considered gross income of that business activity, and are not included as gross income subject to the tax imposed by this Section. (5) sales by professional or personal service occupations where such sales are inconsequential elements of the service problem. (d) Notwithstanding the provisions of subsection (a) above, when the gross income from the sale of a single item of tangible personal property exceeds two /'N thousand dollars ($2, 000) , the extended two and two- tenths (2. 2%) tax rate shall apply to the first $2, 000. Above $2, 000, the measure of tax shall be at a rate of one and two-tenths percent (1 .2%) . (e) When this city and another Arizona city or town with an equivalent excise tax could claim nexus for taxing a retail sale, the city or town where the permanent business location of the seller at which the order was received shall be deemed to have precedence, and for the purpose of this chapter such city or town has sole and exclusive rights to such tax. (f) The appropriate tax liability for any retail sale where the order is received at a permanent business ORDINANCE NO. 1418 PAGE 4 OF 7 efts location of the seller located in this city or in an Arizona city or town that levies an equivalent excise tax shall be at the tax rate of the city or town of such seller' s location. (g) Retail sales of prepaid calling cards or prepaid authorization numbers for telecommunication services, including sales of reauthorization of a prepaid card or authorization number, are subject to tax under this section. SECTION II DESIGNATING THE PURPOSE For such period of time that the City of Apache Junction, Arizona, levies the tax as described in Section I above, the revenues collected from the two-tenths of one percent ( . 2%) continuation shall be used for mandatory payments to the Public Safety Personnel Retirement System and purposes related directly to city law enforcement. SECTION III DESIGNATING AN EFFECTIVE DATE The provisions of this ordinance continuing the tax rate of .2% for the purpose set forth in Section II above shall become effective on September 2, 2016 SECTION IV DESIGNATING A TERMINATION DATE The provisions of this ordinance continuing the tax rate of .2% for the purpose set forth in Section II above shall terminate, or "sunset" on September 1, 2026, at which time the increased tax rate as set forth in Section I of this ordinance shall automatically be reduced by two-tenths of one percent ( . 2%) . The sunset date of March 1, 2025 for the additional 2% tax rate remains unaffected by this ordinance. SECTION V PROVIDING FOR EXISTING CONTRACTS The tax imposed pursuant to this ordinance shall not apply to contracts entered into prior to the effective date of the tax as set forth in Section III above. SECTION IV PROVIDING FOR PENALTIES Any person found guilty of violating any provision of these amendments to the tax code shall be guilty of a class one ORDINANCE NO 1418 PAGE 5 OF 7 oft. Aar misdemeanor and shall be prosecuted pursuant to Article 1-8 of the Apache Junction City Code and Section 8A-580 of the Tax Code of the City of Apache Junction. SECTION VII REPEALING ANY CONFLICTING PROVISIONS All ordinances and parts of ordinances in conflict with the oink provisions of this ordinance or any part of the codes adopted herein by reference are hereby repealed SECTION VIII PROVIDING FOR SEVERABILITY If any section, subsection, sentence, phrase, clause or portion of this ordinance 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. SECTION IX PROVIDING FOR NOTICE Pursuant to A.R. S. § 42-6052 (E) , staff shall provide a fully executed copy of this ordinance to the Municipal Tax Code Commission and the Department of Revenue within ten days after the passage date of this ordinance . PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS DAY OF , 2015 . SIGNED AND ATTESTED TO THIS DAY OF , 2015 . JOHN S. INSALACO Mayor ATTEST• KATHLEEN CONNELLY City Clerk ORDINANCE NO. 1418 PAGE 6 OF 7 APPROVED AS TO FORM: RICHARD JOEL STERN City Attorney AmIN ORDINANCE NO 1418 PAGE 7 OF 7 ..., .,e City of Apache Junction, Arizona 300E Superstition Boulevard uP ' Agenda Item Cover Sheet Apache Junction AZ 85119 w Agenda Item No.4. tz File ID: 15-328 Sponsor Dave Waldron Agenda Date.8/31/2015 Index. In Control. City Council Work Session Adak Discussion on use tax During the August 3, 2015 Work Session, council heard a presentation from Lee Grafstrom, Tax Policy Analyst at the League of Arizona Cities and Towns, on use tax and its implementation This gives council the opportunity to discuss the possible adoption of a use tax Attachments: I� City of Apache Junction,Arizona Page 1 Printed on 8/24/2015 CITIES &TOWNS 15 15=NO Use Tax Avondale Apache Junction 15 Bullhead City* Benson* 15 Camp Verde* Bisbee* 15 Carefree* Buckeye* 15 Cave Creek* Casa Grande'* 15 Chandler Clarkdale* 15 Chino Valley* Clifton* 15 Colorado City* Cottonwood* 15 Coolidge* Duncan* 15 Dewey-Humboldt* Gilbert* 15 Douglas Globe* 15 Eagar* Guadalupe* 15 El Mirage* Huachuca City* 15 Eloy* Jerome* 15 Flagstaff Kearny' 15 Florence* Miami* 15 Fountain Hills* Nogales 15 Fredonia* Oro Valley* 15 Gila Bend* Parker* 15 Glendale Patagonia* 15 Goodyear* Payson* 15 Hayden* Pima* 15 Holbrook* Pinetop-Lakeside' 15 Kingman* Sahuarlta' 15 Lake Havasu City' Show Low* 15 Litchfield Park* Snowflake* 15 Mammoth* South Tucson* 15 Marana* Springerville' 15 Maricopa' Star Valley* 15 Mesa Superior* 15 Page* Taylor* 15 Paradise Valley* Tolleson* 15 Peoria Tombstone* 15 Phoenix Tusayan* 15 Prescott Wellton' 15 Prescott Valley* Wickenburg' 15 Quartzsite* Willcox* 15 Queen Creek* Williams* 15 Safford* Winkelman* 15 San Luis* Winslow* 15 Scottsdale Yuma* 15 Sedona' Sierra Vista* Somerton* St. Johns' Surprise* Tempe Thatcher* Tucson Youngtown* Article VI - Use Tax Sec. 8A-S00. Use tax: definitions. For the purposes of this Article only, the following definitions shall apply, in addition to the definitions provided in Article I: "Acquire(for Storage or Use)"means purchase, rent, lease, or license for storage or use "Retailer"also means any person selling, renting, licensing for use, or leasing tangible personal property under circumstances which would render such transactions subject to the taxes imposed in Article IV, if such transactions had occurred within this City. "Storage(within the City)" means the keeping or retaining of tangible personal property at a place within the City for any purpose, except for those items acquired specifically and solely for the purpose of sale, rental, lease, or license for use in the regular course of business or for the purpose of subsequent use solely outside the City, "Use(of Tangible Personal Property)"means consumption or exercise of any other right or power over tangible personal property incident to the ownership thereof except the holding for the sale, rental, lease, or license for use of such property in the regular course of business Sec. 8A-610. Use tax: imposition of tax; presumption. (a) There is hereby levied and imposed, subject to all other provisions of this Chapter, an excise tax on the storage or use in the City of tangible personal property, for the purpose of raising revenue to be used in defraying the necessary expenses of the City, such taxes to be collected by the Tax Collector (b) The tax rate shall be at an amount equal to two and four tenths percent(2.4%)of the (1) cost of tangible personal property acquired from a retailer, upon every person storing or using such property in this City. (2) gross income from the business activity upon every person meeting the requirements of subsection 8A-620(b)or(c)who is engaged or continuing in the business activity of sales, rentals, leases, or licenses of tangible personal property to persons within the City for storage or use within the City, to the extent that tax has been collected upon such transaction. (3) cost of the tangible personal property provided under the conditions of a warranty, maintenance, or service contract. (4) cost of complimentary items provided to patrons without itemized charge by a restaurant, hotel,or other business. (5) cost of food consumed by the owner or by employees or agents of the owner of a restaurant or bar subject to the provisions of Section 8A-455 of this Chapter (c) It shall be presumed that all tangible personal property acquired by any person who at the time of such acquisition resides in the City is acquired for storage or use in this City, until the contrary is established by the taxpayer (d) Exclusions For the purposes of this Article, the acquisition of the following shall not be deemed to be the purchase, rental, lease, or license of tangible personal property for storage or use within the City: (1) stocks, bonds, options, or other similar materials. (2) lottery tickets or shares sold pursuant to Article I, Chapter 5,Title 5,Arizona Revised Statutes (3) Platinum, bullion, or monetized bullion,except minted or manufactured coins transferred or acquired primarily for their numismatic value as prescribed by Regulation (e) Notwithstanding the provisions of subsection (a)above, when the amount subject to the tax for any single item of tangible personal property exceeds two thousand dollars ($2,000), the two and four tenths percent(2 4%)tax rate shall apply to the first$2,000.Above$2,000, the measure of tax shall be at a rate of one and four tenths percent(1.4%). (f) (Reserved) Sec. 8A-620. Use tax: liability for tax The following persons shall be deemed liable for the tax imposed by this Article,and such liability shall not be extinguished until the tax has been paid to this City, except that a receipt from a retailer separately charging the tax imposed by this Chapter is sufficient to relieve the person acquiring such property from further liability for the tax to which the receipt refers (a) Any person who acquires tangible personal property from a retailer, whether or not such retailer is located in this City, when such person stores or uses said property within the City (b) Any retailer not located within the City, selling, renting, leasing, or licensing tangible personal property for storage or use of such property within the City, may obtain a License from the Tax Collector and collect the Use Tax on such transactions. Such retailer shall be liable for the Use Tax to the extent such Use Tax is collected from his customers. (c) Every agent within the City of any retailer not maintaining an office or place of business in this City, when such person sells, rents, leases, or licenses tangible personal property for storage or use in this City shall, at the time of such transaction, collect and be liable for the tax imposed by this Article upon the storage or use of the property so transferred, unless such retailer or agent is liable for an equivalent excise tax upon the transaction. (d) Any person who acquires tangible personal property from a retailer located in the City and such person claims to be exempt from the City Privilege or Use tax at the time of the transaction, and upon which no City Privilege Tax was charged or paid, when such claim is not sustainable. (e) Every person storing or using tangible personal property under the conditions of a warranty, maintenance, or service contract. Sec. 8A-630. Use tax: recordkeeping requirements. All deductions, exclusions, exemptions, and credits provided in this Article are conditional upon adequate proof of documentation as required by Article III or elsewhere in this Chapter Sec. 8A- 640. Use tax credit for equivalent excise taxes paid another jurisdiction. In the event that an equivalent excise tax has been levied and paid upon tangible personal property which Is acquired to be stored or used within this City, full credit for any and all such taxes so paid shall be allowed by the Tax Collector but only to the extent Use Tax is Imposed upon that transaction by this Article. Sec. 8A-650. Use tax: exclusion when acquisition subject to Use Tax is taxed or taxable elsewhere in this Chapter; limitation. The tax levied by this Article does not apply to the storage or use In this City of tangible personal property acquired in this City,the gross income from the sale, rental, lease, or license of which were included in the measure of the tax imposed by Article IV of this Chapter, provided, however, that any person who has acquired tangible personal property from a vendor in this City without paying the City Privilege Tax because of a representation to the vendor that the property was not subject to such tax, when such claim Is not sustainable, may not claim the exclusion from such Use Tax provided by this Section. Sec. 8A-660. Use tax: exemptions. The storage or use in this City of the following tangible personal property is exempt from the Use Tax imposed by this Article: (a) tangible personal property brought into the City by an individual who was not a resident of the City at the time the property was acquired for his own use, if the first actual use of such property was outside the City, unless such property is used In conducting a business in this City (b) tangible personal property,the value of which does not exceed the amount of one thousand dollars ($1,000) per item, acquired by an individual outside the limits of the City for his personal use and enjoyment. (c) charges for delivery, installation, or other customer services, as prescribed by Regulation. (d) charges for repair services, as prescribed by Regulation. (e) separately itemized charges for warranty, maintenance, and service contracts. (f) prosthetics. (g) income-producing capital equipment. (h) rental equipment and rental supplies. (i) mining and metallurgical supplies. (j) motor vehicle fuel and use fuel which are used upon the highways of this State and upon which a tax has been imposed under the provisions of Article I or II, Chapter 16, Title 28,Arizona Revised Statutes (k) tangible personal property purchased by a construction contractor, but not an owner-builder,when such person holds a valid Privilege License for engaging or continuing in the business of construction contracting, and where the property acquired is incorporated into any structure or Improvement to real property in fulfillment of a construction contract (I) sales of motor vehicles to nonresidents of this State for use outside this State if the vendor ships or delivers the motor vehicle to a destination outside this State. (m)tangible personal property which directly enters into and becomes an ingredient or component part of a product sold in the regular course of the business of job printing, manufacturing, or publication of newspapers, magazines or other periodicals Tangible personal property which is consumed or used up In a manufacturing,job printing, publishing, or production process is not an ingredient nor component part of a product. (n) rental, leasing, or licensing for use of film, tape, or slides by a theater or other person taxed under Section 8A-410, or by a radio station,television station, or subscription television system. (o) food served to patrons for a consideration by any person engaged in a business properly licensed and taxed under Section 8A-455, but not food consumed by owners, agents, or employees of such business. (p) tangible personal property acquired by a qualifying hospital, qualifying community health center or a qualifying health care organization, except when the property is in fact used in activities resulting in gross income from unrelated business income as that term is defined in 26 U.S.C. Section 512. (q) (Reserved) (r) (Reserved) (1) (Reserved) (2) (Reserved) (3) (Reserved) (4) (Reserved) (s) groundwater measuring devices required by A.R.S. Section 45-604 (t) (Reserved) (u) aircraft acquired for use outside the State, as prescribed by Regulation. (v) sales of food products by producers as provided for by A.R.S Section 3-561, 3-562 and 3-563. (w) (Reserved) (x) food and drink provided by a person who is engaged in business that is classified under the restaurant classification without monetary charge to its employees for their own consumption on the premises during such employees' hours of employment. (y) (Reserved) (z) (Reserved) (aa) tangible personal property used in remediation contracting as defined in Section 8A-100 and Regulation 8A-100.5 (bb) materials that are purchased by or for publicly funded libraries including school district libraries, charter school libraries, community college libraries,state university libraries or federal, state, county or municipal libraries for use by the public as follows (1) printed or photographic materials. (2) electronic or digital media materials (cc) food, beverages, condiments and accessories used for serving food and beverages by a commercial airline, as defined in A.R S Section 42-5061(A)(49), that serves the food and beverages to its passengers,without additional charge, for consumption in flight. For the purposes of this subsection, "accessories"means paper plates, plastic eating utensils, napkins, paper cups, drinking straws, paper sacks or other disposable containers, or other items which facilitate the consumption of the food (dd) wireless telecommunication equipment that is held for sale or transfer to a customer as an inducement to enter into or continue a contract for telecommunication services that are taxable under Section 8A-470. (ee) (Reserved) (ff) alternative fuel as defined in A.R.S. Section 1-215, by a used oil fuel burner who has received a Department of Environmental Quality permit to burn used oil or used oil fuel under A R S Section49-426 or Section 49-4N. (gg) food, beverages,condiments and accessories purchased by or for a public educational entity, pursuant to any of the provisions of Title 15,Arizona Revised Statutes, including a regularly organized private or parochial school that offers an educational program for grade twelve or under which may be attended in substitution for a public school pursuant to A.R.S. 15-802,to the extent such items are to be prepared or served to individuals for consumption on the premises of a public educational entity during school hours. For the purposes of this subsection, "accessories"means paper plates, plastic eating utensils, napkins, paper cups, drinking straws, paper sacks or other disposable containers, or other items which facilitate the consumption of the food. (hh) personal hygiene items purchased by a person engaged in the business of and subject to tax under Section 8A-444 of this code if the tangible personal property is furnished without additional charge to and intended to be consumed by the person during his occupancy (ii) the diversion of gas from a pipeline by a person engaged in the business of operating a natural or artificial gas pipeline, for the sole purpose of fueling compressor equipment to pressurize the pipeline, is not a sale of the gas to the operator of the pipeline (jj) food, beverages, condiments and accessories purchased by or for a nonprofit charitable organization that has qualified as an exempt organization under 26 U.S.0 Section 5011c)(3)and regularly serves meals to the needy and Indigent on a continuing basis at no cost. For the purposes of this subsection, "accessories" means paper plates, plastic eating utensils, napkins,paper cups, drinking straws, paper sacks or other disposable containers, or other items which facilitate the consumption of the food. (kk) sales of motor vehicles that use alternative fuel if such vehicle was manufactured as a diesel fuel vehicle and converted to operate on alternative fuel and sales of equipment that is installed in a conventional diesel fuel motor vehicle to convert the vehicle to operate on an alternative fuel, as defined in A R.S Section 1-215 (II) The storage, use or consumption of tangible personal property in the city or town by a school district or charter school. (mm) renewable energy credits or any other unit created to track energy derived from renewable energy resources. For the purposes of this paragraph, "renewable energy credit"means a unit created administratively by the corporation commission or governing body of a public power utility to track kilowatt hours of electricity derived from a renewable energy resource or the kilowatt hour equivalent of conventional energy resources displaced by distributed renewable energy resources. (nn) magazines or other periodicals or other publications by this state to encourage tourist travel (oo) paper machine clothing, such as forming fabrics and dryer felts,sold to a paper manufacturer and directly used or consumed in paper manufacturing (pp) overhead materials or other tangible personal property that is used In performing a contract between the United States government and a manufacturer, modifier, assembler or repairer, including property used in performing a subcontract with a government contractor who is a manufacturer, modifier, assembler or repairer,to which title passes to the government under the terms of the contract or subcontract (qq) coal, petroleum, coke, natural gas, virgin fuel oil and electricity sold to a qualified environmental technology manufacturer, producer or processor as defined in A.R S.section 41-1514.02 and directly used or consumed in the generation or provision of on-site power or energy solely for environmental technology manufacturing,producing or processing or environmental protection.This paragraph shall apply for twenty full consecutive calendar or fiscal years from the date the first paper manufacturing machine is placed in service. In the case of an environmental technology manufacturer, producer or processor who does not manufacture paper, the time period shall begin with the date the first manufacturing, processing or production equipment is placed in service, (rr) machinery, equipment, materials and other tangible personal property used directly and predominantly to construct a qualified environmental technology manufacturing, producing or processing facility as described in A R.S.section 41-1514.02. This subsection applies for ten full consecutive calendar or fiscal years after the start of initial construction. (ss) (Reserved) `p4 } or. TPT Non-Program Citieo - Arizona Department of Revenue Page 1 of 1 FAUs I Contact Us I Sits Map Home Forms Business Individual 0 Services News About ,.!, t s1Wrowtassb Search 1 Home Business>Transaction Privilege Tax>Non-Program Cities Online Services Tax Recovery —— -- y hY1VW TPT Non-Program Cities ® aVe� Taxpayer Education !� �Y q oy Tobacco E-File Program The Department of Revenue does not collect taxes for ell cities within Arizona The cities that collect their own taxes are commonly referred to as`Non-Program Cities" Following is a list of • License a New allsia TPT Simplification Non-Program Cities,their telephone numbers,certain tax rates and links to their respective web Business Forms sites Non-Program cities collect and administer their own taxes,which are reported on • Enroll to File and Pay their own tax forms. The state/county and program city taxes must still be reported and Online Individual remitted to the state Contact the Non-Program cities for a complete listing of their rates • Verify a TF'T License Business AZTaxes Newsletter Apache,function(480)982-8002 Privilege Tax-2.4% Peoria(623)773-7160 Bingo Utilities/Telecom-3.4% Privilege Tax-1 8% .. i Retail Tax for Single item Portion over$2000- Rest&Bar-2.8% Interest Rates 4,'".'` 1 4% Utilities-3.3% Licensing Guide Can't`?>r Luxury Tax Avondale(623)333-2000 tpay es�ur Privilege Tax 2.6% Phoenix(602)262-6785 Use Tax Direct Permit g ° Privilege Tax/Use Tax-2% sn a tt iT Retail Tax for a Single item over$5000-1.5/ , t Ella y€., Holders Telecommunications 4 7/° Use Tax-1.5% Utilities-2 7% `' - `- yip Transaction Privilege Tax TPT FAQS Sedona(928)204-7205 Prescott(928)777-1268 Notices Privilege Tax-3% Privilege Tax/Use Tax-2% TPT Rates Chandler(480)782-2280 Scottsdale(480)312-2400 Tax Factoring Privilege Tax/Use Tax-1.5% Privilege Tax-1 65% Rest&Bar-1 8% Use Tax-1 45% Motor Vehicle Sales Utilities/Telecommunications-2.75% Non-Program Cities Flagstaff(928)213 2250 Withholding Tax Privilege Tax-2.051% Audits Douglas(520)417.7333 Restaurant and Bar Privilege Tax 2.8% 4 051% Collections Retail Tax for a Single item over$10,000-1 8% Hotels-4.051% E-Services Use Tax-2.5% Use Tax-1% Legal Research _ Property Tax Publications Glendale(623)930-3190 Tempe(480)350-2955 Privilege Tax 2.9% Privilege Tax/Use Tax- Reports&Research Use Tax-2 9% 1 8% Class Action Notices Rest&Bar-3.9% Contracting-1 8% Model City Tax Code Telecommunications-61% Tax Credits Mesa (480)644-2316 Tucson(520)791-4566 /ei. Unclaimed Properly Privilege Tax/Use Tax-1 75% Privilege Tax/Use Tax 2% News Nogales(520)287-6571 Open Meeting Notices Privilege Tax-2% Contact About Career Opportunities Home I Report Fraud 1 Privacy Statement I Accessibility Policy I Copyright 2015 by Arizona Department of Revenue https.//www azdor govBusiness/TransactionPrivilegeTax/NonProgramCities.aspx 8/20/2015 ♦� i City of Apache Junction, Arizona 300 E Superstition Boulevard 2- Agenda Item Cover Sheet Apache Junction AZ 85119 140 %i Agenda Item No.5 ‘r.. File ID 15-334 Sponsor Bryant Powell Agenda Date:8/31/2015 Index. In Control-City Council Work Session Discussion on dates, times, and locations for a possible joint meeting with the Apache Junction School Unified District Board Council may also wish to discuss an agenda for the joint meeting Attachments: City of Apache Junction,Arizona Page 1 Printed on 8/24/2015 City of Apache Junction, Arizona 300 E Superstition Boulevard u� o Agenda Item Cover Sheet Apache Junction,AZ 85119 * / Agenda Item No 6 File ID: 15-305 Sponsor. Larry Kirch Agenda Date• 8/31/2015 Index• In Control. City Council Work Session Presentation and discussion on the city's special event process Attachments• City of Apache Junction,Arizona Page 1 Printed on 8/24/2015 I 1 of A:. aCJunctiofi CouncF WcEdk Session ' . . August31 , 2015 .. . _ •••• ...._ ..._ ., ...:• ,.,, .. • ., ____ • . A.,-,,......„,_. . :t . t.,.. ., .,.. .. : : . .,..,.4._...._..,.._. ..: ,.... ,...::. ____a__ ________•_......,.., - .., 4 .. ..•. Fi?i ._ . ....... „,J lij" — T • , 3 --I'fir, r. ._ .. . yy bet s �^" ,. I ' .411411411rk.40,44941t ;i‘ _ . . ._ . . - 4. ?. Y. 4r... r '-L-'-' 11a4i- 1 Item • 34. Special Event Process ome • of th ouncil desire to revisit the special event process . A thorough process review was conducted several years ago resulting in a revamping of the process . The -'-gh current proces as ben in p • almost 2 ea - 6 ta wil review the ess with the council and seek input and direction on process . , - ._, ,.., • , _ , , ax ,., , 4' a n ce of. a life for residents F Quality � . the corn unit A - - a Drawpeople in from outside ..,_.... , :. , �: iii Good for business _ ,. ...., i5 ._. I celebrate community heritage & Cu _ � � ._ ' s FUN ! , , . ., ., .. . .. . , . . .. ....., .., sikc.. ** —7--.';`-`1 ':.: .. — • ---_; , » kit _ ..: /:- 7 ''' ‘ '. - -,;..,,------- - ' I ,,,,z1„ti,' AI' ''-' .,...'. - pel 1/4..-* ' .-..: ,r• :T:":::17:1 wax w ^ ‘ Ao. abV t Vi? ., 1.,1 , ,. , . . ,,, i 1 a L y — w i t ..Y '+ S 'q lit 1 R Y , > i • • KS 4 h ,,rtgy 4 "„ittlla r �q - .n• • . r r _ R. 01 ti . v ir•t t ,� 104. = . w . y h �• 1 1y i 'F irl Fa -.- ; •. ',,. ' . "Tyr'. . .;.• . t !, 1,...1.-- . . • . * **:. '' .?...'. ' . '' !" -14 1.: 7 . . I � te �' „ --.-- � r , , # li 1' .> r ,.�. .. s J • ' lilk 174—4'( 4114i• • 4. f f 1 ,_ - -; a R s, f F. y• . M i w *%* d :,f • 'g 5 � t y Y + t•.lr ' . • ''� '�' ' aid Y, ,/li 111\.• 1 0 A lit it...4 1 111 '' :)rr r Fti t x ✓y� t h ; � 0 t • •' �Pit r ,' ;' 4, , ' a . r r7PS' -r .: Vt, ., sh 1 4, • �r � Y�, z1 y j i r� yw " -_ , „r+ •; r. W . 4 tk� 71 «_• .f : .. i.11 1°.t1P,k►t {I1'1;EI IC� '�+•f 5 At • r l'e . ns J r a tc r{` UMMii{r; • _ 1 !?}t-hYq 4�i 1aF. .. . •i•i G ."'1 . - ...rr.. - J -..,, i „.-- .- • s t: y y 1 , . Events Generiate , • • • , O Community good will • Business involvement • Opportunities to support local non--prfits • Healthy & fun family activities ' 4 ' a Opportunities to entertain all ages arid varied interests _ )_ . -.,:kr-- , :.,,y0„. • .-_ .. . , _. .. . . . .. . , •. Wbt 1) \A•IF' ' LNIER PARK -`t '•, _.\' _ . 7 • i ....._ Mes 410 110 Recent Succscs Improved event application - Seven pages to two Reduced staff time - Electronic processing when appropriate - Ensuring events need an application , sq ott, ,_ _ , s . .. We ye he •• r%.;zig-----i--' . • 4, , , ,, . _,.,,, ,,,, ,,,t ,„ , --. Hosting eventsin Apache Junction is still cumbersome . .... . . , , . _ mi The ro 'p cess is better, but not great ., 1 - Ambiguous . , Lengthy Y , . , x . , , , o Definition is too broad ( # 3 , , . . a Too restrictive .. . . P ® MH /MFGHome Parks/ RV Resorts -, cancelling Bazars/Market Days or ignoring requirements all together7i .,.. t 7 x F f " z " "fir 4. c n, t °t +"�.r ` ,....., ..» !... -' w '' �' ‘s C ` $ „_ ` :fir ' x r'"' �' . �:,.,r ,,- .�, -+ �, ,,'k` ,F sr 4�6 �' s ay "?"';VP' Current De ' „ ilit--), [fii of 61 Ev An activity or gathering which meets any of the following criteria: 1 . Use of or impact/encroachment on any city street, sidewalk, alley or other right-of-way area (which includes any indirect impact that will affect the flow of typical vehicular or pedestrian traffic) . 2. Is likely to draw a crowd to a venue not properly suited and has the potential to require special accommodations, regulations, traffic control devices or public service personnel. Z 5 1m 17 Definition of 6 cv . ( cone' . " An activity or gathering which meets any of the following criteria: 3. Presence or participation of any for-profit or non- profit vendor that intends to make a sale, advertise for sale, solicit sales, offer for sale, distribute businest organizational information, or provides a er offer advertise to • rQviCe a servi and i . t already • ro • eri licensed to do so " - - Cit of A • ache Junction. 4. Will require the approval of two or more city departments for inspections, assistance or permits. A ) • % - Pm- • Ivents in C Junction Regulated in Chapter _ and the Zohing Coçe Vol . II , Chapter 1 ) Pr . t _ ed and sponsored by for-profit organizations, agencies or businesses a t 17g- Specia Event ..y Condu ted,. organized, r anized, and sponsored solely by non-profit organizations and approved g by the City Council during budget process ■ ommuni y _ Conducted, organized, and sponsored solely by non-profit organizations, open to all, to promote • City Events (not defined in current code) • Typically organized by the Parks and Rec Dept. m .1 av( ,ki. Surto .,„. . '-- •-, -,-,A',*.-- - .- : , --,•,=,•,..,,,,,,,,,,,...., . ... , . . „ . , , . -... .. . , • _,. ,. . . ., . . Examples of T. ...., ,,,. ...,..r .. . .. . „....„.„:,.,..„,... .. . .. . ,. ,,.. .. .„.,.......,...... ..: .. , .., „. .„,.. ...., .,. ...... ,, , , .,.......„....... ..,, ,.... , . ... . ..„.. ... ._. _.. ; .,...„ ... _.. .., _;_..,. _ .„ . . ., N P ivate Events . _,..._ . .,. ..,. . ,. . .,.. _ ,„.. . .. _: ,..,...,.. , .,,,... .„. . . . ..-...-„, „-;?..4-, , .•7., - --' :, pecial Events . . .... .. , ....„ , ... . ,,,,, . -, .„.. ... . _., ..... ., ..- -, .__ .., .,,,, • Lost Dutc '-- -- '-4-5-' ' s Doi4 ,.. .., . .,. . .._,_• Veter• • ', Day ' . ,.110,, d ,.'-, .. .. ,,,,,,,,'•- H , ! .. • ommunity vents . . .. ... .,........ ... ...... .. .. , . . ,...... . .:„. : . • Bellii-''-' y Bt-iiit '''ers--- -.'.- -- - - ., ,, „, ..„_,....., ...,.,.. ..._,‘ .. ,. . • Boys & Girls Club ' s Day for Kids ... .....', „..:... , ,,,,,., ,, a Chamber of Commerce Business alr . „.,,,,• :,.,_,,,, . , ,,, R 1 Y Events ,.., . . ,, ,,,...,.. . . . _..,,,„ _ . ,. • • i • .-, Ai 0 Even : . • __ ,...... ,„. ..„.. ..,.. . . . ....,._ .. ,,.., . , , . ,, , , ., .. .....,,,_„.,. ...„ iii-iro--.' I • dy- - l' rogram _ .. 7 , • Little Buck A - Roos Ia.ofalti, ,. _ .1'',...../.. , - , 76 vest ReconL * dations., Licensing for city events ,_, ) • Amend City Code Chapter 8-8- 1 (3) 1,r - Change definition and add ,� paragraph with exceptions Update " vendor requirements " in 8-, '..-- 8-3, 8-8-5 & 8-8-7 ( B ) 11, - Clarify "shall not be required to complete a ... -Event application" ■ Update to include the $ 15 event license fee • Update to include Driver's License it requirement ��1 �,z, ,,,, . _ ...... 0 .. , .. , , , , , . Event Reconm : � tdations ,,, ..„, ,,,,__if.„.„..,.- Cla r i f y 8-6 .,., ,,,.„, 1 - Lasual .Sales , ,_ 0 �-_-..„ �: • n Licensing levels �^� - MHP issued a license OR new level_ . 1 s smaller fees ... „. _ , .. ,., El Update 8A to reflect any changes ? ? , ci Amend AJ AZ Zonin .. g Code - Alter CUP requirements Amend City Code Chapter 8-9- 1 - Merge into 8-8 with paragraph RE '" AUP/CUP ) 7r,,, .,.,., I �' AUP and Ci3V� Ruiremehts 1 -9-3 ( M) Ancillary retail sales, special events/activities intended • 1 -9-3 ( N ) Ancillary retail sales, special : events/activities intendedt.. and - • Eliminate CUP requirements for concerts, fund raisers, lectures, seminars, workshops, educational classes, recreation , food/beverage sales, sporting events and meetings. Revisit AUP requirements. ji , , i „ . :- _ Zoning CUP : cc, trrnendatkr, s 0 Special events and/or Gctivities hosted sponsored by the parks (e .g . , concerts, fund raisers , lectures, seminars, workshops , ' , - , , r�n r+i +��� ,, meetings) or ancillary Ancillary retail uses ', (e .g ., restaurants, personal care services, specialty retail and professional offices] shall only be allowed subject to approval of a:CUP or, if applicable, compliance with Vol . I, Chapter 8 of the City Code regarding special events. 71 /LI ir , . . ',„ , _,. ._. . 10 II) ussion . E �� Yext Steps=; , . . _. . .. . „ . ........ . ,. . .... ....4,.., ,.. , ..„.,,...... ,. . =,..., , _ .,, . . _.- , .:: Next Steps - - Staff . , , . ,. ... , .,.. ) ......,,,..„, . .. _ . ... , ,,,, , :, has drafted amendments to Chapter 8, Articles 8 and 9 . . ,... , . , •• .. . .,....._ , - Brin,. g back DRAFT amen ded ordinance for ••. ,•. future Council Work Sessions in September c. „, and October �� ;: , - Final Ordinance in November . , ._ .., ..,,,..„. . . , . , ...,,..... _:„. .., ...._ . ., , ,..,. • ,,,, . . ,, •,.. .. . .,, . . ......,. , .., , , , , ,, ....i. „,..-.....,•,; ,........_... . A L. ,,,,.,...*_00.4....,, ,..„..,,,,,,„ _ , , , , ..., , 7i-11 • , ... , ,,,„, ,,, - ' \,ii 1 it , • Scottsdale: http.//www.scottsdaleaz.qov/bldaresources/counrerresourceslspecialevent/sefags Vendors apply to Clerks directly • Flagstaff' http.//www flaastaff.az.goy(Doc umentCenter/Homed/Vew18304 P&R: • Any organized activity involving the use of, or having impact upon, City property, City facilities, parks, sidewalks, street areas or the temporary use of City property in a manner that varies from its current land use, requires a permit. (Ordinance 2010-27, Chapter 8-12, Special Events. DS. private prop 1 Events Requiring a Temporary Use Permit • • Events on private property may require a Temporary Use Permit issued by the Community • Development Department Planning and Development Services. • • Regulations governing temporary uses located on private property can be found in the • Land Development Code. Contact the Planning and Development Services at (928) 213- 1 • 2641 for information and permit procedures. • 2. Events that do not require a Temporary Use Permit • • Except as specifically provided in the Land Development Code, restrictions on temporary uses shall not apply to any use that is conducted entirely on private residential property, operated by the person, company. or organization awning the R • property, provided that the duration of the temporary use does not exceed forth-eight (48) hours and is repeated not more than four (4) times a year. • • This does not relieve private property owners of the need to comply with other regulations, such as the Noise Ordinance, Sales Tax Ordinance, provisions of the Zoning Ordinance, etc. • Mesa: http://www.mesaaz.govisalestax/aoecial event.aspx • Chandler: https.//chandleraz.gov/content/SE SpecialEventHandbook.pdf P& R: Any event/activity that will be... • •• Held in a public venue/property • • Using outdoor public spaces • • Will affect private and/or public property or right-of-way • • Inviting public participation/patronage (with or without charge) • Prescott Prescott: http://www cityofpr_escott.net/ d/2014 event policy and procedure.pdf Applicants collects paperwork/fees for vendors P&R or DS The use of any public street. or park or other public grounds which is owned by the 1 city. for events including (but not limited to) sporting events, music festivals, pageants, reenactments, regattas, entertainment, public assemblies, demonstrations, and other activities which would require a closure or limitation of some or all of said grounds for the uses to which they are generally available. (City Code 8-9-1) • Maricopa: http://www.maricopa-az.gov/web/events NO • Avondale: http://www.ci.avondale.az.us/Index.aspx?NID=249 City clerk - any events to be held in private or public property that will require one or more city services • Gilbert: http://www.ailbertaz.gov/home/showdoc • Events held on or affect Town of Gilbert streets, sidewalks on private and/or public property; /A' • • Events requiring Town of Gilbert services beyond those the town provides its citizens under ordinary, everyday 1,. .,-' circumstances; and/or , • • Events having activities that require issuing one or more additional licenses or permits (fireworks, alcoholic beverages, od , r sales, street closings, tents/temporary structures over ument?id=526 Fee , , , • Queen Creek-P&R Wr.. • Casa Grande-P&R — City of Apache Junction, Arizona 300 E Superstition Boulevard Apache Junction,AZ 85119 1PO1Z, Agenda Item Cover Sheet Agenda Item No.7. izOak°' File ID: 15-306 Sponsor Larry Klrch Agenda Date 8/31/2015 Index In Control City Council Work Session Presentation and discussion regarding the city's existing Development Design Standards in the Land Development Code -Volume II, Article 1-13, Zoning Code and their application to existing development and new development projects Attachments. City of Apache Junction,Arizona Page 1 Printed on 8/24/2015 ( ( w \ , ,- K 4 ,,,,,'' $4'N.• ' . :!‘ .0e. 6 ` a 4 _ ' fin ssa � �, 9T0 18 I f uois .�o MItounoD O — s MOTA.JaA �B uE ., ,7 • . p p S uzsaIBIO.TOUILLIOD not Dun a OEd• Q . � 'No 400 �1 .. ..„ j _ ✓ ,., - „„ • -, , , , , . •,,t. , .......... ,„ . , , . ,,,, ,,,,,.. ,„„, , , ...„ i„\, . 4 i;t,•7.. t i , c.......,, ,iP 0 n ,. Ry ' tea^' F' Y t i b •y `+ a ► - e '... -4 I/ If ' i. , . '4k '',„ I,' ' ‘ \ , r IV- A . --/y,� .. F / ! w r . >... \ 1 :**\..**"..4,341.--'74 } 1:: Ni' '. .7.\4\ '14'''‘ ;Vti...:' V't 1'43 " ".\'-' 4147* rr-'4\** -:I 4*:*:: ------ ,,-:--\'T:t. • `a . ' ' '"- 14.4/41/411cHi w. 1,4 • )11'741ewe `. rt i.:"^-i., "4- 4 ]1..t., ' 'C :. 1. ��r ., I l ���»» .'✓ 1 i �1 1 i ,'A ,s _ . &Tojo° fTuii d .io s duipilnq 2upsixr :off icjddE 4.ou saoQ paaelp icjpanpnals ao panouzaa `paico,rgsep `pa2eun3p sT a,1n4ana4S 31114sixa JO %og < uaum 1.uauzdojanapaa Ajduioa ,SuipJTnc a.U4U8 auk uatj. ` uipjina 2uT4STxe aip jo azis alp Jo %og < sT uopTppe aip JT puu sa.In1.anxis 31.1i4STXa o. suoiiippv . 4uauzdojanap jrn3aauzuzoa mau RV . :o4 satjddV . spauptn j u isc ajat by `opuBulpao 2uTuoz :j aal.dhuj `apoj luoludojanaG puwj `jj auznjoA `apo3 uoTpufP agjoEdv UT puno j sp./EpuE S u2TsocI .[8To Tauzuo3 UOT4Oun f auol;dy 4 Apache Junction Con�r .erl Design Standards • Article 1- 13: Design Standards • Adopts by reference: • City of Apache Junction Commercial Design Guidelines Adopted by Ordinance in 2004 - Downtown Overlay District Design Guidelines F Adopted byOrdinance in August, 2011 p g F y �.. 1 1 ) 1 Apache Junction Commercial Design Standa s i Applies to all non-residential, mixed use and multi-family residential development in the B-1 through B-5 zoning districts Except development within the Downtown: ■ ♦ ■ City of Apache Junction Suburban Zone C omnlercmai design Guidelines Transition Zone Core Downtown Zone In these zones, the Downtown Overlay • 01) District Design Guidelines Apply tft .Apache Junction Commercial Design Standards Applies to all non-residential, mixed use and multi-family residential development including Big box, strip retail, multiple tenant retail, pad ■ City of Apache Junction sites, gas stations/C-stores, restaurants l' / Commercial Design Guidelines Applies to multi-family but the City does not have design guidelines for multi-family. . . ` For Planned Development (PD) properties, Wto unique design requirements may apply 1 ■ ■ • • 1 Stand"-- .- -.-' " , - • Apache Junction Commercial Design 0 Downtown Overlay District Design Guidelines Suburban Zone, Transition Zone, Core Downtown Zone -T-- ---------7 A' •. A 'Illi A •*A ' ji% .. 4 ,2.4.,..r.„,.,. • A „, .. , rit.,,,e 4,4,4:•A-4":"•,,,, I ' ' , ,, .A.7.r '..'' 119417 f I IA. . AI .....- -?.. f..... ....N,-: ', • ...r''', :,`` -" ,' --`' .' --e. ' -- --"- •' ' '. i.e.-*41--,„,,see,-. .4, i .... : • - -4i -t 1 core r. -- :.,..-7-•:::,- /If' , ,......i.-.' Awelf• b a.. . ...r ..,,..... -.:...15.,.....::. . .. - ,;go. ,.-t --Pkr. 7... -- tt, - - i Downtown 1 IIISuburban i .........•"'; ..i 1 .111.11111 WWI 1:'‘N 7 ''''''''' Z011 ti :•:...-. 4,L.,—) 7 ,;-• Transition Zone I Zone or* ... ,.. , . ... .., i - ,, ., ; ---•- , . 1..... .-`t,','t , - ,,-' : l' : .,Po..,;.•.- . ' ..., 11 1 ,,,..., ..... ,40,0,-- -4 1 —, , - •. !,...,/,.•., ,•,.,,...:,_ , ,...:-----...... ,,, , iiisegit • , •.4•1-.V1/111Urc- i11i- . .: - - . ',.. '111,- .i:- ..r—Itt •:1 4''.*"..... .0,..-t. '• , -- - .. ....., _ ,__ , „ ,i,..v. 1111§1 I 4140.1eV1>- •E,;, 4 I . ,, , 4.,•• A• ....„?''‘," - r-ii es ,..,h..4. ..-,, . 1, -- • • - 1 = .• • .41.14, 4- i Standards vs Guidelines • Standards — "shall" Guidelines = "should" or "may" Summary - Commercial Design Standards • Really "Guidelines" and not "Standards" Only apply to new development, additions, redevelopment as noted Does not apply to existing buildings, minor repairs, painting, etc. • y t,. ji Aoacno • :s. --,2Juncfion Discussion ••apt. • 11..t1."''. • ,. 11. • • n E City of Apache Junction, Arizona 300 E Superstition Boulevard . { Agenda Item Cover Sheet Apache Junction,AZ 85119 _ 1*. % Agenda Item No.8. z File ID: 15-309 Sponsor. Larry Kirch Agenda Date. 8/31/2015 Index: In Control:City Council Work Session Presentation and discussion of an overview of zoning regulations in general, types of zoning systems, the history of the city's zoning code, amendments made in the summer of 2014 to the text and zoning map, possible revisions to fine tune those recent amendments and revisions necessary to comply with recent court decisions regarding group living arrangements Attachments. Amok City of Apache Junction,Arizona Page 1 Printed on 8/24/2015 PQACHE✓G�� O�ori ,: ....,z City of Apache Junction 1 .''j Development Services Department ;r y;vlM' Z 0 ✓ PLANNING AND ZONING COMMISSION STAFF ME3VICRPN1F DATE : February 24, 2015 SUBJECT : Presentation and Discussion of potential zoning code text amendments and map amendments , Apache Junction City Code Volume II , Land Development Code, Chapter 1 : Zoning Ordinance PRESENTATION- The City recently adopted an updated zoning code as part of the I Land Development Code, Volume II of the City municipal code. This updated code was adopted on May 6, 2015 and became effective on June 5, 2015 In working with the code over the last eight months, Planning and Zoning Staff have encountered several portions of the code that may be in need of revision Revisions are in the form of scrivener' s errors, possible changes to the residential and commercial use tables, and general clarification language that may be needed Additionally, staff has discovered several examples where the eliN zoning map may need correction. This is exemplified in the recent staff initiated rezoning a mobile home park at Superstition and Ironwood (from residential to commercial zoning) DISCUSSION. The zoning code update should be regarded as both a welcome and necessary process. The regular update of the zoning code to keep up with updates to the General Plan, changes in state and federal law, and good zoning practice is highly commended Now that the staff has worked with the code for eight months, staff has accumulated a list of code changes that should be considered. Planning&Zoning—Building&Safety—Revenue Development 300 E Superstition Boulevard • Apache Junction,AZ 85119 • Ph (480)474-5083 • Fax(480)982-7010 Zoning Code and Map Corrections February 27, 2015 Page 2 of 3 The following is a list, in no particular order, and not necessarily all inclusive of possible zoning code revisions . The purpose of this staff presentation and discussion is to bring forward to the Commission the prospect of code and map changes that staff would bring back for discussion and action in the future MAP CHANGES. • Bring back proposed zoning district map changes at future meetings in groups of one or more TEXT CHANGES. • Consider spacing requirements for pawn shops, check cashing establishments and tattoo parlors • Revisit the allowable uses in the B-3 Downtown zoning district (restrict uses further by prohibition or through CUP) as part of the downtown revitalization efforts • Consider changes to permitted uses/CUPS for some commercial uses • Revisit the AUP/CUP requirements for Market Days for Mobile Home Parks/Subdivision and RV Parks/Resorts • Propose changes to the permitted use table for commercial zoning districts to allow RV repair in B-5, clarify CUP ^ requirements for outdoor storage in B-5 and whether night watchman residences are permitted in B-5 • Propose changes to group homes, congregate living arrangements, sober living houses, possible CUP requirements (definitions, process, etc. ) • Revisit Home Based Business requirements (restore definition of home occupation, allowable uses, notification of owner that tenant is using dwelling for HBB, size and # of vehicles allowed, require possible periodic inspections) • Propose combining Article 1-13 (Design Standards) , Article 1-14 Engineering Regulations (cross reference to Chapter 10) , Article 1-15 (Green Building and Site Development Regulations) into one section (possibly with PDR and site plan processes) . Planning&Zoning—Building& Safety—Revenue Development 300 E Superstition Boulevard • Apache Junction,AZ 85119 • Ph (480)474-5083 • Fax(480)982-7010 I I /^ Zoning Code and Map Corrections February 27, 2015 Page 3 of 3 * Create a General Plan Land Use Category/Zoning District compatibility table (to assist in determining which zoning district changes would require a General Plan Future Land Use Map Amendment) fr IN * Consider placing deadlines for CUPs/rezonings in the Code * Miscellaneous changes to building and accessory building setbacks in MHP/RVP zoning districts * Reconcile language for visibility at intersections, vision triangles, sight distance at intersections with Subdivision, Zoning and Engineering Standards * Clarify development review process for Preliminary Development Review (PDR) (1-16-8) and site plans (1-16-9) • Clarify setback requirements for fences in commercial and industrial districts. Consider survey requirement and minimal cost building permit for fences to ensure they are not built in the Right-of-Way. * Clarify parking in the front yard and front yard setback areas • Revisit/clarify language that allows construction of accessory structure prior to main buildings • Review business friendly signage provisions with Economic Development staff ems Recommendation- Staff has the following recommendation regarding this agenda item• (1) Proceed with making proposed revisions/clarifications and bring back red line version of proposed zoning code amendments to future work sessions (2) Proceed with proposed zoning map amendments and bring back city-initiated corrections in groups of one or more Prepared by: Larry J. Kirch, AICP Development Services Director Planning &Zoning—Building&Safety—Revenue Development 300 E Superstition Boulevard • Apache Junction,AZ 85119 • Ph (480)474-5083 • Fax(480)982-7010 1 1 Zoning Regulations Overview ko,tet41/1 CITY OF APACHE JUNCTION COUNCIL WORK SESSION - AUGUST 31, 2015 Zoning Regulations Origins of Zoning Zoning 101 Evolution of Zoning Current Zoning Code Possible Amendments/Rationale ZoningRegulation Origins of Zoning ki„,,f441 1867 1st modern zoning code in San Francisco — regulate location of obnoxious uses 1909 Los Angeles — applied land use controls to large annexation 1909 and 1915 U.S. Supreme Court Cases upheld zoning (districts and height, bulk, yards and zones) 1916 NYC enacted first comprehensive zoning code (public health) - 1926 Euclid vs. Ambler Realty (Euclid, OH) — U.S. Supreme Court supported comprehensive zoning and SF Residential ONLY Districts — commonly referred to as "Euclidian Zoning" where land uses are separated by zoning districts ARS Chapter 4, Article 6.1 Zoning laws for Cities and Towns Zoning 101 :„;;0 Seven Basic Elements 1) Uses (By Right/By Permit aka CUP) 2) Development Standards 3) Non-Conformities Lots, Structures, Uses 4) Permit Evaluation Criteria • S) Procedures 6) Definitions • 7) Zoning Map Zoning 01 Additional Elements 8) Administration/amendments ' 9) Overlay Zones and Planned Developments ' 10) Public Hearings 11) Land Development Codes (Subdivision, Landscaping, Stormwater, Wireless Communication 12) Enforcement 13)Relationship with the City General Plan r Evolution ofZoning Euclidian Zoning (many districts and separation of uses) Overlay districts (e.g. flood zones, downtown overlay districts) Planned Development Districts (negotiated — tailor made zoning) Performance Zoning (variety of uses can co-exist if the development meets performance standards, e.g. foundry next to home) Form-based Codes ("fosters predictable built results and a high-quality public realm by using physical form (rather than separation of uses) as the organizing principle for the code" — Form Based Code Institute Hybrids - Euclidian/Form Based Codes I I ) ) Apache Junction Zoning Code � ► March ,7 1985 - effective date of first city Zoning Code May 2014 - most recent update 6, p Many revisions between 1985 and 2014 Apache Junction ZoningCode - Traditional Euclidian Code w/Planned Development 5 commercial districts — B-1 through B-5 B-3 is the "downtown district" r B-4 = "Light Industrial" B-5 = "Heavy Industrial" - Public/Institutional - 15 Residential Districts (10 Single Family, 3 Multiple Family, MHP and RVP) - 1.25 acre = RS-GR, RS-54, RS-54M (M allows Manufactured Home) - RS-20 +M, RS10 + M, RS-7 +M, RS-5 +M where # equals lot size (e.g. RS-20 = 20,000 sq. ft. lot) ) - Multiple Dwelling Districts - RM-1 (13 du/ac), RM-2 (22 du/ac), RM-3 (40 du/ac) • MHP (14 du/ac), RVP (20 du/ac) ....y :e: x . -1151+MMesW+.<d.^a..Ny !t ..M•....:..,.•,..,.•-hf-4esM . ..:.-F;.:'+ .,• , . u#.,Y e. _ ... wu:IW,.,i.hw.rtY,.. ...'Svm�+t ,,.: ..-a w••. n ) 74—.6 ApacheiunctionZoningCode .w Planned Development (PD) — explained For example: B-1/PD = B-1 "by" Planned Development A negotiated zoning district — allows for deviation from the strict development standards such as height, setbacks, bulk, etc., in exchange for higher quality architecture, landscaping, etc., but perhaps limiting or negotiating the allowable uses permitted. Can be applied to any parcel, regardless of size, allowed in any zoning district. Example: Recent Annexation at Tomahawk and U.S. 60 '*hl'YYMe':'.4MYaWau'«`d,mfik7MF.F ,Ra+dN]S&I4000, a�6tR5�1'i4.Nr�. k:;t1.w2' t.+.k'fi4M +tF�n4'4 Xs?v::rt..,.. avaai .,w. a'w.^.1,4^ /AiPossible Amendments/Rationale Presented to P&Z on February 24th L See Staff Memo, included in Council packet. ► ► Discussion � � ► Sources: DNational League of Cities, Zoning 101: A practical introduction, 2001 UPlanning ABC's, Planning Commissioners Journal, by Laurence C. Gerkins, 2003 i a. ICLES BOATS & VTILITY TRAILERS Cocit ..ompliance isa division of the City of ?enable vehicles being re- - w Boats,utility trailers,and Mesa's Neighborhood Services Department ed or repaired for longer ' The Code Compliance Division is dedicated, non-vehicle mounted i ten(10)days must be . _ ... to providing superior services to Mesa ed safely within a law - _., camper shells need to be residents,businesses and visitors through y enclosed building or '- "". stored inside a garage,in innovation, education and enforcement, cture or screened by a c4,, - , the rear yard,or in the side while fostering community pride. risible beyond the prop- yard or carport behind the 1r tarps are not acceptable front face of the house.If it is over 6-feet tall and We appreciate your help in maintaining our :t the Mesa Police De- stored in the side yard,the boat,utility trailer or non- neighborhoods with pride. By working or inoperable vehicles vehicle mounted camper shell must be screened by a together,we will keep Mesa beautiful and 6-foot fence that cannot be readily seen through enure that Mesa is the community of iicle must be repaired within om view Above To be in compliance,this boat(more than 6-feet tall)must choice be stored,n the rear yard,or in the side yard be rid a 6-foot fence E N 1 C L E S that cannot be readily seen through,or removed from the property Code Compliance officers may begin enforcement based on citizen complaints or RV can be parked(for field personnel observations This provides ling,unloading,cleaning EXTERIOR HOUSING MAINTENANCE in the driveway for a an opportunity to educate residents about the mum of 72 hours,or on The exterior housing ordinances.If you would like to report a ibhc street for up to 48 maintenance ordinance, violation,please call Code Compliance at rs. or"housing code."re- (480)644-2061.Visit our Web site at Y"- quires that homes and www ci mesa.az us- click on Neighborhood may be stored in the __., - ' yard or in the side yard •' other exterior structures Services,then Code Compliance. Ind the front face of the t be maintained in a struc- se If your RV is over 6- ...,....i. turally sound condition Other programs offered by the Code tall and stored in the . ,._ and not show deteriora- Compliance Division- yard,it must be " -: --" tion,disrepair or blight. ■ Tool Lending Program ened by a 6-foot fence �"""" ' cannot be readily seen1 E.. ' These items are covered ■ Code Repair Program ugh.Your Covenants y e by the housing code and ■ Alley Clean Up Program editions&Restrictions should be maintained:ex- &Rs)may impose other tenor windows and doors,canopies and metal aw- rictions on RVs and park- An RV cannot be used Wings,roofs,exhaust ducts.chimneys,painted sun- FOR MORE INFORMATION, CONTACT: mrposes or be connected faces,window screening,fences and wall,founda- Police Department at bons,cooling devices,outdoor stairs,porches and City of Mesa ed in the street. railings,and yards and landscaping Code Compliance Division 200 South Center Street, Building 2 6-feet ta'I)must be stored in P.O. Box 1466 find a 6-foot fence that cannot I from the pity Mesa,AZ 85211-1466 This is only a summary of Public 484 644-2061; Fax: (480) 644-2897 'wed in the rear or side yard Nuisances, Property Maintenance and ( } s ncl need to be screened by www.ci.mesa.az.us Neighborhood Preservation ordinances and ad behind a 6-foot fence that.s is not all inclusive of City ordinances Se habla espafiol E-ICLES: We BOATS &UTILITY TRAILERS: rovers at We now allow in the driveway. s & apartment HOUSING MAINTENANCE: We don't have a Housing Code Our e allow them in property maintenance code only time limit City applies to what can be seen from i-outs being the right-of-way. I Neatly kept homes and yards provlae a FENCING INOPERABLE YEHtrio i' A fence,screen wall or safe, attractive neighborhood and help i = � • t� .,'-•, retaining wall must be � scoff maintain property values. Owners and {, jj ,liar } 1 fib# k, 7 , �' • residents are responsible for property i , ,, in good repair and r}+ r` `' star structurally sound. ' .i,i, full maintenance., as well as the mainte- :;,;, 'q s Fencing must be self- " stru nance of sidewalks, alleys and other µ s lawful fence so as not to be -,'-, supporting and con- publleplaces bordering their property. ' �` strutted of durable erty boundaries.Car covers c L ■. MAINTENANCE methods of screening. Conta YARD a !LL L E T I N T E N A N E wood,chain link,metal,masonry or other standard partment at(480)644-2211 t Overgrown weeds,shrubs, fencing material.Fencing materials,colors and fin- - parked in the street. and vegetation are fishes must be consistent or compatible with maten Above To be In compliance,the ve trees,grassg als,colors and finishes on the same fence or wall. ten(10)days or lawfully screened f fire and safety hazards_Prop-+ ° ; ' erty must be kept free of Electric fences are illegal.It is also illegal to attach glass,nails,metal or materials that can cause injury• RECREATIONAL V . '-� � " '�y weeds and grass more than 9 An inches tall Trim tree branches or shrubs that extend G R A I T I .", loaf over sidewalks,streets,alleys or other public placesetc It is the responsibility of " mat so they do not obstruct vision or the travel of drivers -� '� TIN ..�..� the owner or resident to y a pi or pedestrians.All dead or dry trees and vegetation h remove graffiti from I i c t' hou must be removed and disposed of properly. C;;`5u buildings,structures or RV OUTSIDE STORAGE, JUNK it GARBAGE fences on their property. real -� beh =�' •' � " " �" Gall the Graffiti Hotline at ��• Junk,garbage or an accumu- ,._ f r rfuq+ • g 480 644-3083 for help. :., , hou Arty lotion of materials cannot be (480) a , feet '• _.,K_• stored where it is visible be- r: side PARKING 4 = side 1 ".....A.-_ yond property boundaries - This includes auto parts,ap ---� ? It is unlawful to park or that A 3 store any motor vehicle thrc ''-- phances,indoor furniture, _ Coc ell ;rT.building or landscape mate- within the front or side Il II -' riot,scrap lumber,tires,card -'LI _"" yard of a single residence rest im board,plastic,paper etc.Ma- terialsunless must be stored in a stored on an improved, for living quarters,business i building or structure,ordust-proofto utilities.Contact the Mesa 11111 dust-proof parking surface An improved, screened by a lawful fence so parking surface is concrete,asphalt or 3 inches of (480)644-2211 for RVs park ," • ?' as not to be visible from prop- crushed rock surrounded by a permanent border. Top This recreational veh de(over erty boundaries Sidewalks,alleys and all public Such parking may not exceed fifty percent(50%)of the rear yard,or in the side yard be places borderingpropertyalso must be keptbe readily seen through,or remove your the front yard area-All�ehtcles parked in the front M.ddle This travel trailer must be s clear and free of junk and garbage yard must have current registration displayed. Since it is less than 6-feet tall,it da Above.Items must be removed and disposed of property You may a fence. this property owner must park the ye - schedule the City of Mesa Solid Waste Division at(480)644-2688 to Above To be in compliance,hide on the driveway(or street,if allowed)or provide an improved, Bottom This vehicle is lawfully stor schedule a pick up or dispose of the materials propeerlyrly yyoourself dust-proof surface adjacent to the driveway. not readily seen through OUTSIDE STORAGE:Our FENCING: Our code does not INOPERABLE VEl code allows items to be seen require consistent materials allow tarps and car from neighbors but not the GRAFFITI: City can remove as an condo's, townhome public right-of-way option complexes. PARKING: No backing vehicles into REC VEHICLES: V the lot so City can't see registration. the driveway with n City definition of driveway is vague does not address tip Limit for "improved, dust proof opened when store( parking surrface is 50% of front yard 4 P4 � ,, City of Apache Junction, Arizona 300E Superstition Boulevard o Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No.9. JF File ID: 15-310 Sponsor. Larry Kirch Agenda Date• 8/31/2015 Index In Control. City Council Work Session Presentation and discussion of City Code Chapter 9 Health and Sanitation, Article 9-1 Property Maintenace Standards, Article 9-2 Refuse, Garbage, Debris, Junk, Trash and Litter Removal, background of Property Maintenance Standards adoptions and possible changes to the standards Attachments. City of Apache Junction,Arizona Page 1 Printed on 8/24/2015 Neai ykept homes and yards provide it FENCING INOPERABLE VEHICLES BOATS it UTILITY TRAILERS Code Compliance is a division of the City of safe,attractive neighborhood and help aMesale Neighborhood Services Department maintain property values.Owners and , s A fence,screen wall or Inoperable vehicles being re- Boats,utility trailers,and g ep rtment �r retaining wall must be ) stored or repaired for longer i " `. (� The Code Compliance Division is dedicated residents are responsible for .; non-vehicle mounted in good repair end than ten(10)days must be w to providing superior services to Mesa maintenance,as well as the mints. 1; stored safely within slaw- a °'^�"*® camper shells need to be x'* / structurally sound. ' .arZt stored inside a residents,businesses and visitors through nanee of sidewalks,alleys and Other r' ,, i fully enclosed building orgarage,in ' Fencing must be self- r ainnovation,education and enforcement, public places bordering their property. -, structure or screened prop- a the rear yard or in the side ���• - h 4, supporting and con- lawful fence so as not to be visible beyond the prop• yard or carpal behind the white fostering community pride. YARD ALLEY MAINTENANCE strutted of durable erty boundaries.Car covers or tarps are not acceptable front face of the house.If it is over 6-feet tall and wood,chain link,metal,masonry or other standard methods of screening.Contact the Mesa Police De. We appreciate your help in By maintaining our Overgrown weeds,shrubs, fencing material.Fencing materials,colors and fin- partment at(480)644-2211 for inoperable vehicles stored in the side yard,the boat,utility trailer or non• neighborhoods with pride. working 7110e' parked is he street vehicle mounted camper shell must be screened bye together,we will keep Mesa beautiful and trees,grass and vegetation are ashes must be consistent or compatible with maims- 6-foot fence that cannot be readilyseen through Alasre:To be in once,the vehicle must be ensure that Mesa is the communityof fire and safety hazards.Prop- materi- als,colors and finishes on the same fence or wail. reeved vnthm 1 cr�,� `y j arty must be kept free of Electric fences are illegal.It is also illegal to attach �n(10� °lawfully screened 6°m view Above To n e ca lylseen t ro boat(name than from la t)must choice. l 9 i1 VEHICLES be steed m the rear yard,a tin; tie side yard beh'nd a frfad lento weeds and grass more than 9 Bless,nails,metal or materials that can cause injury RECREATIONAL iE H I C L E S dial cannot he madly seen Through,a removed tmm*property Code Compliance officers may begin inches tall Trim tree branches or shrubs that extend enforcement based on citizen complaints or over sidewalks,streets,alleys or other public places GRAFFITI An RV can be parked(for so they do notobshuctvsionordetrnve]ofdnvers loading,unloading,cleaning EXTERIOR ROUSING MAINTENANCE field personnelobscrvations.Thisprovides or odes o ens All deed or It s the responsibility of etc)in the driveway for a an opportunity to educate residents about the. p dry trees and vegetation ter► The exterior housing the owner a its dent to maxun un oe72 hou s,nr on old nr aces.If you would like to report a must be removed and disposed of properly. a public street for upto 48 maintenance ordinance, remove graffiti from C a ,e P violation,please call Code Compliance at d" — hours. or"housing code."re-C,,..tt buildings,structures or (480)644-2061.Visit our Web site at OUTSIDE JUNK i GARBAGE +r- - _ qu ire, that homes and STORAGE, ^,,el r n , fences on their property. RVs may be stored in the i www.ci.mesa.az.us:click on Neighborhood 'a -�` +ri - t rear or in the side r other exterior structures��Illi Junk,garbage or an aceumu- Call the Graffiti Hotline at yardyardT9 i: Services,then Code Compliance. lotion of materials cannot be (48D)644-3083 for help. w• - behind the front face of the be maintained in a strut- •.�' stored where it is visible be- house If your RV is over 6- rurally sound condition Other programs offered by the Code _ - feet tall and stored in the .i' +e., yond property boundaries q r and not show deter om- Compliance Division: ;10, .i PARKING side yard,itmrstbe � � This includes auto parts,ap- screened bya 6-foot fence a -_! on,disrepair or blight ■ Tool Lending Pro ' - ' It is unlawful to or t.: ryg gram pliances indoor furniture, a -:*• V C that cannot be readily seen These items are cove ed ■ Code Repair Program IIIIMIIIIIIIIIIII store any motor vehicle —s ittit ep building or landscape mate- r. through.Your Covenants bythe housing code and 4 rial,scrap loanlxr,tires,card- the front or side r' t Conditions&Restrictions 'r B ■ Alley Clean Up Program l yira ofa single residence (CC&Rs)may impose other should be ma ntained ex- r board p setae,paper etc.Me- ee restrictions vn RVs aad k- tenor windows and doors,canopies and metal aw- unless it is parked a Paz :..�,r in terials must be stored in a � ing.An RV cannot be used flings,roofs,exhaust ducts,chimneys,painted sue- _ stored anaaimproved FOR MORE INFORMATION, CONTACT: building or structure,or for living quarters,business purposes or be connected faces,window screening,fences and walls,founds- dust-proof parking surface.An improved,dust-proof City of Mesa screened by a lawful fence so to utilities.Contact the Mesa Police Department at hops,cooling devices,outdoor stairs,porches and + -.. parking surface is concrete,a push[or 3 inches of - _ as not to be visible from prop- (480)644-2211 for RVs parked in the street railings,and yards and landscaping. Code Compliance Division arty-boundaries.Sidewalks,alleys and all public ens}ed rock surrounded by a permanent border. Top This recreational vehicle(over 6-feet tts)must be stored h 200 South Center Street, Building 2 leas bordering Such parking may not exceed fifty patent(50%)of the rear yard,a hn the side P g y�property must also be kept Ya ya d behind a 8-foot fence that cannot P.O.Box l466 the front yard area.All vehicles parked in the front be madly seen trough.or removed farm the clear and free ofjmdc and garbage. ply This is on ty a sum Mesa,AZ44 65211-1466 yard most have current registration displayed. Middle:Thu travel baler must be stored Pi the rear a side yard summary of Public Above.items must be removed and disposed of properly.You may Sines it b less than 6-eel e,t does ri need to be screened by Nuisances,Property Maintenance and (480)644-2061,Fa>c(480)644-2897 call Oty of Mesa SW Division at(480)644.2638 to Above To be in �,ids property th y owner must park ve- a fence. Neighborhood Preservation ordinances and www.ci.mase.az.us l the schedule a pkk up or dspsee of the materials properly yourselfte hale on the driveway(a street,if e r provide en unproved, This a Is IawhNy stored beMnd a s-loot fence that:s Is not at induslve of City ordinances. Se hob la espeffol dust-proof surface tote driveway. not madly seen throogh OUTSIDE STORAGE.Our FENCING-Our code does not INOPERABLE VEHICLES We BOATS&UTILITY TRAILERS. code allows items to be seen require consistent materials allow tarps and car covers at We now allow in the driveway from neighbors but not the GRAFFITI City can remove as an condo's,townhomes&apartment HOUSING MAINTENANCE.We public right-of-way option complexes don't have a Housing Code Our PARKING-No backing vehicles into REC VEHICLES-We allow them in property maintenance code only the lot so City can't see registration the driveway with no time limit City applies to what can be seen from City definition of driveway is vague does not address tip-outs being the right-of-way Limit for"improved,dust proof opened when stored parking surrface is 50%of front yard 3 / )