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HomeMy WebLinkAbout2025 02.03 City Council Work Session Agenda 04 �,?ACHf� City of Apache Junction, Arizona Meeting location: +� City Council Chambers 1U Z at City Hall Agenda 300 E.Superstition Blvd. \gilONr Apache Junction,AZ City Council Work Session 85119 apachejunctionaz.gov Ph:(480)982-8002 Doors are open to the public at least 15 minutes prior to the posted meeting start time. Monday, February 3,2025 7:00 PM City Council Chambers A. CALL TO ORDER B. ROLL CALL C. AGENDA ITEMS 1. 25-040 Presentation and discussion regarding enforceability of code restrictions related to feeding pigeons. Sponsors: Eli Richardson Attachments: Presentation Pigeon Feeding Restrictions 2. 25-038 Presentation and discussion of Case P-24-1-AM, a proposed text amendment of the Apache Junction Zoning Ordinance, Article 1-5: Zoning Bulk and Use Regulations to modify certain Conditional Use Permit land use decision processes. Sponsors: Nicholas Leftwich Attachments: P-24-1-AM 2-3-25 CC Memo.pdf P-24-1-AM Staff Report 1-14-25.pdf Ex. 1 P-24-1-AM Amended Tables.pdf Ex. 2 P-24-1-AM Amended Tables-Redlines.pdf P-24-1-AM Presentation 2-3-25.pdf 3. 25-039 Presentation and discussion of award of bid for Prospector Park drainage improvements. Sponsors: Dave Butler Attachments: Staff Memo-Award of Contract.doc Primary Construction Inc.- PROJECT PR DRAINAGE 2024-= PP DRAINAGE PROJECT-BIDS PRESENTATION (002) 4. 25-041 Discussion on proposed lengthening of the term for the Office of the Mayor to 4 years. Sponsors: Chip Wilson Attachments: City Code Chapter 2 Elected Officers City of Apache Junction,Arizona Page 1 Printed on 1/29/2025 City Council Work Session Agenda February 3,2025 D. ADJOURNMENT Copies of this agenda and additional information on any of the items listed above may be obtained from the City Clerk's office located at 300 E Superstition Blvd,Apache Junction,AZ 85119, Monday through Thursday from 7:00a-6:00p, excluding holidays. 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. The Apache Junction City Council may vote to go into Executive Session for legal advice on any item listed on this agenda pursuant to A.R.S. §38-431.03(A)(3);this notice is given pursuant to A.R.S. § 38-431.02 to the members of the City Council and the public. City of Apache Junction,Arizona Page 2 Printed on 1/29/2025 ►P�"E�c�, City of Apache Junction, Arizona 300 E Superstition Boulevard = Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No. 1. '+PizoN* File ID: 25-040 Sponsor: Eli Richardson Agenda Date: 2/3/2025 Index: In Control: City Council Work Session Presentation and discussion regarding enforceability of code restrictions related to feeding pigeons. City of Apache Junction,Arizona Page 1 Printed on 112912025 P igeon Feeding on Residential Property Jan . 3 , 2025 Phoenix-Metropolitan Residential Property Restrictions No Prohibition on Pigeon Feeding Prohibit Pigeon Feeding Avondale Phoenix Buckeye Tempe Casa Grande Glendale Cave Creek Mesa Chandler El Mirage Fountain Hills Gilbert Goodyear Marana Maricopa Oro Valley Peoria Scottsdale Surprise Queen Creek "No person shall knowingly provide bird food to pigeons on any private or public property, except the feeding of birds using practices or devices designed or intended to prevent pigeons from obtaining the bird food ." - Mesa, AZ, City Code § 8-6-3 (2019) ►P�"E�c�, City of Apache Junction, Arizona 300 E Superstition Boulevard z Agenda Item Cover Sheet Apache Junction,AZ _ 85119 Agenda Item No.2. PizoNr File ID: 25-038 Sponsor: Nicholas Leftwich Agenda Date: 2/3/2025 Index: In Control: City Council Work Session Presentation and discussion of Case P-24-1-AM, a proposed text amendment of the Apache Junction Zoning Ordinance, Article 1-5: Zoning Bulk and Use Regulations to modify certain Conditional Use Permit land use decision processes. City of Apache Junction,Arizona Page 1 Printed on 112912025 O� PQACHE /Gti z City of Apache Junction Development Services Department '9RIZwA CITY COUNCIL STAFF MEMO Date : February 3, 2025 To: Honorable Mayor and City Council Members Through: Bryant Powell, City Manager Rudy Esquivias, Development Services Director Sidney Urias, Planning Manager From: Nick Leftwich, Planner Subject: Text Amendment to Apache Junction City Code, Volume II, Land Development Code, Chapter 1 : Zoning Ordinance, Article 1-5 : Zoning Bulk and Use Regulations regarding Conditional Use Permit Uses Background On December 5, 2023, the City Council issued a direction to staff to review the zoning ordinance language regarding high- impact land use decisions made through Conditional Use Permits ("CUPs") , which are only approved by the Planning and Zoning Commission, and to provide options to amend the code that would facilitate City Council involvement in these permanent, high impact land use decisions . Planning Staff reviewed the matter and returned to the Council on January 16, 2024, to provide the options and to seek further direction to staff to initiate a Zoning Ordinance text amendment. Two options were presented, either to modify the land use tables to specifically require City Council involvement in the permanent, high-impact land use decisions, or to change the CUP process itself to require that all CUPs would be subject to City Council review and determination. The City Council directed staff, pursuant to the first option, to draft a text amendment to Apache Junction City Code, Volume II, Land Development Code, Chapter 1 : Zoning Ordinance, Article 1-5 : Zoning Bulk and Use Regulations . Planning and Zoning Commission Recommendation Staff has prepared the text amendment according to this direction and presented it to the Planning and Zoning Commission on January 14, 2025, to receive their review and recommendation. The Commission voted 7-0 to recommend approval of Text Amendment Case P-24-1-AM. 1 February 3,2025 City Council Staff Memo O� PQACHE�Gti z City of Apache Junction Development Services Department '9R/iwA LAV Prepared by Nicholas Leftwich Planner Attachments : • P-24-1-AM Staff Report • Exhibit #1 - P-24-1-AM Draft Amendment to Apache Junction City Code, Volume II, Land Development Code, Chapter 1 : Zoning Ordinance, Article 1-5 : Zoning Bulk and Use Regulations • Exhibit #2 - P-24-1-AM Draft Amendment Redlines 2 February 3,2025 City Council Staff Memo O� ACHE�Gti r� z City of Apache Junction gR/ZONP Development Services Department 6 PLANNING AND ZONING COMMISSION PUBLIC HEARING STAFF REPORT DATE : January 14, 2025 TO: Planning and Zoning Commission THROUGH: Rudy Esquivias, Development Services Director Sidney Urias, Planning Manager FROM: Nicholas Leftwich, Planner CASE NUMBER: P-24-1-AM REQUEST: Text Amendment to Article 1-5 : Zoning Bulk and Use Regulations regarding Conditional Use Permit Uses BACKGROUND On December 5, 2023, the City Council held a discussion regarding the Apache Junction Zoning Ordinance ("AJZO") regulations regarding Conditional Use Permits ("CUPs") in order to determine if the regulations and procedures for the approval of conditional use permits needed to be modified. Currently, per the Apache Junction Zoning Ordinance, Article 1-16 : Administration, § 1-16-12 Conditional Use Permits, Administrative Use Permits and Building Permits, (D) Conditional Use Permits, the approval of land uses identified as requiring a CUP in AJZO, § 1-5-1 Residential Use Regulations and §1-5-3 Non- Residential Use Regulations are subject to the sole review and approval of the Planning and Zoning Commission, unless a specific appeal to the City Council by an the applicant or an aggrieved party is filed. The primary noted concern of the City Council discussion was that certain land use decisions are determined by the Planning and Zoning Commission, such as CUPs . CUPs can be permanent, impactful, and politically weighty and some of these decisions should be made by elected officials of the City Council in order to more properly distribute both the responsibility and accountability in making long term and lasting land use decisions . Text Amendment to Article 1-5:Zoning Bulk and Use Regulations, Case P-24-1-AM January 14,2025 Planning and Zoning Commission Staff Report One significant example of such land use decisions that was noted was the consideration for approval of multi-family residential uses on commercially-zoned properties through conditional use permits . Some of these CUPs effectively change the property away from functioning as a commercial property and are more akin to the land use change a rezoning is meant for, rather than the regulation of "location, design, operation and configuration, " which is the AJZO defines as the purpose of CUPS in the interest of public welfare. The City Council issued a direction to staff to look into the ordinance language and return at a future meeting with potential text amendment options that address the Council' s concerns regarding the authority on land use decisions given to the Planning and Zoning Commission. Planning Staff reviewed the matter and returned to the Council on January 16, 2024 to provide the options detailing possible mechanisms to address the concerns, and to seek further direction to staff to initiate a Zoning Ordinance text amendment. The two options presented were as follows : -Option 1 : A proposed amendment of Article 1-5 : Zoning Bulk and Use Regulations land use tables that determine which uses are permitted by right in each zoning district and which uses require Conditional Use Permit (CUP) approval . This option would modify the existing land use tables to change what kinds of uses are approved by the Planning and Zoning Commission and which high-impact, community-sensitive land use changes should be subject to City Council approval . -Option 2: A proposed amendment of the Article 1-16 : Administration, § 1-16-12 Conditional Use Permits, Administrative Use Permits and Building Permits, (D) Conditional Use Permits regulations, which would change the basic definition of all CUPS to require City Council review and approval . Staff respectfully recommended Option 1 from the position that this option would be able to fine-tune the land use tables to specifically designate City Council as the decision maker for high- impact and community sensitive land uses, while also maintaining the standard procedure of CUPs for items like minor landscaping, sign code deviations, or land uses that are generally compatible with the land uses permitted by right in a zoning district but which still require Planning and Zoning Commission oversight. The City Council then directed Staff to draft a text amendment aligned with Option 1 . Text Amendment to Article 1-5:Zoning Bulk and Use Regulations, Case P-24-1-AM January 14,2025 Planning and Zoning Commission Staff Report EVALUATION Following the direction to staff issued, Staff researched the city zoning ordinance and the zoning ordinance of other neighboring towns and cities to determine the best practices for land uses decision making authority and conditional use permits . In evaluating which land use decisions would be best made by the City Council and which land uses should be conditionally approved by the Planning and Zoning Commission, the following criteria have been used: 1 . Is the land use "conditional?" "Conditional" meaning there is some aspect of its operation that requires management & coordination of design, and that the use approval can be revoked for failing to meet the operational standards established by the ordinance. Examples of Conditional Uses : Marijuana sales in retail spaces, outdoor music, heavy manufacturing, outdoor activity Examples of non-conditional uses : Residential development in commercial zones, parking garages, cemeteries 2 . Is the land use of such high/significant impact that the decision is best made by elected leadership? "High Impact" meaning that the land use generates exceptional levels of activity or disturbance (such as noise & traffic) or permanently affects the nature of the property. Examples : Amusement parks, zoos, golf courses, cemeteries, airports, Multi-Family residential conversion of commercial "Significant Impact" is meant to cover land uses that have notable community sensitivity resulting in political weight and significance . Examples : Jails, rehab facilities, homeless shelters, gambling facilities, airports 3 . Is the land use better served with a rezoning or planned development? Examples : Mixed Use Development, Multi-family residential development, Shopping Malls PROPOSAL Planning Staff have prepared the proposed text amendment, attached as Exhibit #1, Draft Amendment to Apache Junction City Code, Volume II, Land Development Code, Chapter l : Zoning Ordinance, Article 1-5 : Zoning Bulk and Use Regulations, and present it to the Planning and Zoning Commission for their recommendation to the City Council . Text Amendment to Article 1-5:Zoning Bulk and Use Regulations, Case P-24-1-AM January 14,2025 Planning and Zoning Commission Staff Report The land use tables of Article 1-5 : Zoning Bulk and Use Regulations have been modified through the evaluation of which land use decisions need the involvement and authority of the City Council, which land use decisions are fine to be made solely by the Planning and Zoning Commission, and which land use decisions would be better made as a formal rezoning or planned development proposal . Land use decisions determined to be best suited to City Council review and approval have been marked with a Footnote 9 in §1-5-3 Non-Residential Use Regulations, which reads : "9 . Noted land uses shall be subject to City Council review and approval through a public hearing, following a recommendation by the Planning and Zoning Commission. " No such designation is required within §1-5-1 Residential Use Regulations . The symbology of the table has also been modified to facilitate ease in reading, and some minor corrections have been made as noted. To assist in determining what has changed, Exhibit #2 identifies text-striking in red and changes in highlighted yellow. PLANNING DIVISION RECOMMENDATION Planning staff recommends approval of the proposed text amendment and offers the following recommended motion to update the Apache Junction City Code, Volume II, Land Development Code, Chapter 1 : Zoning Ordinance, Article 1-5 : Zoning Bulk and Use Regulations . RECOMMENDED MOTION I move that the Planning and Zoning Commission recommend to the Apache Junction City Council the approval of text amendment case P-24-1-AM, an amendment to the Apache Junction City Code, Volume II, Land Development Code, Chapter 1 : Zoning Ordinance, Article 1-5 : Zoning Bulk and Use Regulations . 7 W_ 46*t Prepared by Nicholas Leftwich Planner Attachments: Exhibit #1 - P-24-1-AM Draft Amendment to Apache Junction City Code, Volume II, Land Development Code, Chapter 1: Zoning Ordinance, Article 1-5: Zoning Bulk and Use Regulations Exhibit #2 - P-24-1-AM Draft Amendment Redlines Text Amendment to Article 1-5:Zoning Bulk and Use Regulations, Case P-24-1-AM January 14,2025 Planning and Zoning Commission Staff Report AMENDMENTS TO THE APACHE JUNCTION CITY CODE, VOLUME II, LAND DEVELOPMENT CODE, CHAPTER 1: ZONING ORDINANCE, ARTICLE 1-5: ZONING BULK AND USE REGULATIONS, § 1-5-1 RESIDENTIAL USE REGULATIONS AND § 1-5-3 NON-RESIDENTIAL USE REGULATIONS A) ARTICLE 1-5: ZONING BULK AND USE REGULATIONS, §1-5-1 RESIDENTIAL USE REGULATIONS. Table 5-1 is amended in its entirety, which illustrates the use regulations for all residential zoning districts, as follows: TABLE 5-1: RESIDENTIAL USE REGULATIONS USE/STRUCTURE TYPE RS-GR RS-54 RS-54M RS-20 RS-20M RS-10 RS-10M RS-7 RS-7M RS-5 RM-1 RM-2 RM-3 MHP RVP Single-Family Detached P P P P P P P P P P Conventional Housing Single-Family Detached P -- P -- P -- P -- P -- -- -- -- P p Manufactured Housing Multi-Family Residential Housing -- -- -- -- -- -- -- -- -- -- P P P -- -- HUD Certified Park Model Alternative P -- P -- P -- P -- P -- -- -- -- P P Recreational Vehicle as Primary -- -- -- -- -- -- -- -- -- -- -- -- -- P P Residence's Boarding House -- -- -- -- -- -- -- -- -- -- C C C -- -- Bed & Breakfast and Resorts C C C C C -- -- -- -- -- -- -- -- -- -- Child Care Homes' A A A A A A A A A A C C C -- -- Airports and Heliportsz -- -- -- -- -- -- -- -- -- -- -- -- Personal Caretaker Unit3 A A A A A A A A A A -- -- -- -- -- [January 2025] Page 1 Property Caretaker/ Ranch Hand A A A A A -- -- -- -- -- -- -- -- -- -- Unit4 Accessory Dwelling Units A A A A A A A A A A -- -- -- -- -- Temp. Living Quarters During P P P P P P P P P P -- -- -- -- -- Constructions Public/Private Schools K to 1215 C C C C C C C C C C C C C C C Religious Institutions C C C C C C C C C C C C C C C Civic Uses and Structures A A A A A A A A A A A A A A A Above Ground Utilities' A A A A A A A A A A A A A A A Telecom Facilities C C C C C C C C C C C C C C C Lodges/Clubs -- -- -- -- -- -- -- -- -- -- - Model Homes$ A A A A A A A A A A A A A A A Detached Garages9 P P P P P P P P P P P P P P P Accessory Structures9 (except cargo P P P P P P P P P P P P P P P cont.) Equestrian Activities (private)10 P P P P P P P P P P -- -- -- -- -- Equestrian Activities (commercial)10 C C C -- -- -- -- -- -- -- -- -- -- -- -- Commercial Agriculture11 P -- -- -- -- -- -- -- -- -- -- -- -- Non-commercial Agriculture11 P P P P P P P P P P P P P P P [January 2025] Page 2 Produce Sales" P -- -- -- -- -- -- -- -- -- -- -- -- -- -- Feed Lots" -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- Solar Panels12 P P P P P P P P P P P P P P P Alternate non-solar) Energy C C C C C C C C C C C C C C C Technologies12 Guest Ranch C C C C C -- -- -- -- -- -- -- -- -- -- Commercial Recycling Bins -- -- -- -- -- -- -- -- -- -- -- -- -- P P Animal Keeping See Vol. II, 1-6-17 Temporary Uses and Structures See Vol. II, 1-6-23 Home Occupations See Vol. II, § 1-6-6 Signs See Vol. II, Article 1-11 Fences/Walls See Vol. II, � 1-6-3 Swimming Pools and Sports Courts See Vol. II, § 1-6-11 Cargo Containers See Vol. II, 1-6-8 Outdoor Storage See Vol. II, 1-6-9 Group Care Homes See Vol. II, 1-6-10 Subdivision and HOA Activities See Footnote# 14 [January 2025] Page 3 P = Permitted use by right. A YES indicates that the listed use is permitted by-right within the respective zoning district. Permitted uses are subject to all other applicable standards (see Vol. II, Article 1-6,Supplemental Regulations). C = Conditional use permit. A CUP indicates that the listed use is permitted within the respective zoning district only after review and approval of a conditional use permit, in accordance with the review and approval procedure of Vol. II, § 1-16-12(D). A=Administrative use permit.An AUP indicates that the use and/or structure is permitted within the respective zoning district following review and approval of an administrative permit by the Development Services Director or designee in accordance with Vol. II, § 1-16-12(C). -- = Prohibited uses. A NO indicates that the listed use type is expressly not allowed within the respective zoning district. Footnotes from Table 5-1: 1. This classification includes home based nursery schools, preschools, and day care facilities for children through the age of 12 licensed by the State of Arizona.The maximum amount of non-resident children allowed on-site is 6 or less. 2. See Vol. II, § 1-6-14 for airports and helipads regulations. 3. See Vol. II, § 1-6-20 for personal caretaker unit regulations. 4. See Vol. II, § 1-6-7(D)(7)for property caretaker/ranch hand regulations. 5. See Vol. II, § 1-6-19 for accessory dwelling unit regulations. 6. A travel trailer, motor home or fifth wheel may be parked and used as a temporary living quarters, or an existing legal manufactured home located on the premises may be used as a temporary residence,for up to 8 months while a home is being constructed on a single-family residentially zoned property subject to compliance with the main building's setback requirements.The temporary quarters may be temporarily connected to utilities subject to proper permitting (see Vol. II, § 1-6-23,Table 6-3). 7. See Vol. II, § 1-6-21 regarding regulations for utility installations. 8. See Vol. II, Article 1-17 regarding model home definition and restriction. 9. See Vol. II, § 1-6-5 for accessory structure regulations. [January 2025] Page 4 10. The keeping of horses for private use requires a minimum of 1.25 grass acres. See Vol. II, § 1-6-7 for further equestrian regulations. 11. See Vol. II, § 1-6-18 for agriculture use regulations. 12. See Vol. II, § 1-6-16 for alternative energy technologies regulations. 13. See Vol. II, § 1-6-21 for utility installation regulations. 14. Ancillary retail sales and special events/activities intended for subdivision residents only. Homeowner's Associations shall apply for and obtain an AUP from the Zoning Administration prior to conducting or allowing ancillary retail sales (e.g., market days, craft/art sales,fundraisers and temporary food vendors). If approved,the Zoning Administrator shall issue an AUP with written conditions of approval in accordance with the following: a. All proprietors and vendors shall possess valid business licenses and permits as required by the City Code, and comply with required sales tax administration and collection processes. b. The application for an administrative permit shall contain a description of the ancillary retail sales activity, maximum number and type of vendors, days and hours of operation and a site plan illustrating the location and parking associated with the retail sales. c. All signs that describe or relate to ancillary retail activities shall not be visible from beyond the boundaries of the subdivision. d. Ancillary retail sales shall be conducted indoors within the recreational/social center or outdoors within a common area. e. Parking for approved retail uses shall be accommodated within established and approved parking areas, or with on-street parking approved by the Zoning Administrator. f. Ancillary retail sales shall be directed to and be for the benefit of subdivision residents and their guests only. g. Ancillary retail sales shall not exceed more than 3 days per week and shall operate between the hours of 7:00 a.m. and 10:00 p.m. h. The administrative permit may be valid for multiple events. i. Failure to comply with the conditions of approval established in the administrative permit may result in the revocation of the permit, and prohibition on issuing future retail sales permits to the subdivision. [January 2025] Page 5 Ancillary Retail Sales and Special Events/Activities Intended for Subdivision Residents and Non-Subdivision Residents. Special events and/or activities hosted or sponsored by the subdivisions (e.g., concerts,fund raisers, lectures, seminars, workshops, educational classes, recreation, food/beverage sales, sporting events and meetings) or 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 Chapter 8,Vol. I of the City Code regarding special events. 15. Conditional use permit approval shall be required for public and private schools unless pre-empted by state law. Charter schools located on single-family zoned properties less than 1-acre in size shall be prohibited. 16. See Vol. II, § 1-9-3 for recreational vehicle and manufacture home park regulations. [January 2025] Page 6 B) ARTICLE 1-5: ZONING BULK AND USE REGULATIONS, §1-5-3 NON-RESIDENTIAL USE REGULATIONS. Table 5-3 is amended in its entirety, which illustrates the use regulations for all non-residential zoning districts, as follows: TABLE 5-3: NON-RESIDENTIAL USE REGULATIONS USE CATEGORY SPECIFIC USE TYPE' B-1 B-2 B-3 B-44 B-54 PI Gen. Old City Cen. Bus Park/ Ind. Pub/Inst. West Light Ind. Motor Vehicle Dealer P P P General Automotive P P P Repair RV Sales/Service/Repair -- -- -- C C -- Boat,ATV&Motorcycle P P -- P -- -- Sales/Service Semi-Truck -- -- -- C C -- Service/Repair Semi-Truck Stop -- -- -- C C -- Vehicle Services Body Shops -- -- -- P P and Rentals Car Washes P P -- Vehicle Rental and P P -- P P -- Leasing Truck,Trailer and C C -- P P -- Moving Vehicle Rentals Machinery and Equip. P P -- P P -- Rental (Indoor) Machinery and C C -- P P -- Equipment Rental (Indoor/Outdoor) General Retail (Personal Goods, Household Goods, P P P Consumer Electronics, Retail Sales and Specialty Goods,etc.) Services Automotive Parts and P P P6 P P -- Accessory Sales Manufactured/Mobile -- -- -- C C -- Home Sales [January 2025] Page 1 USE CATEGORY SPECIFIC USE TYPE' B-1 B-2 B-3 B-44 B-54 PI Gen. Old City Cen. Bus Park/ Ind. Pub/Inst. West Light Ind. IAppliances& Parts Sales P P P6 P P and Repair Stores Hardware Store P P P -- -- -- Building Materials and C C -- P P -- Supplies Sales(Indoors and/or Outdoors) Lawn and Garden P P P6 P P -- Equipment/Supply Sales Feed and Fertilizer Sales C C P6 C P -- Nursery/Greenhouses C C -- P P with On-Site Sales Grocery Stores P P P -- -- -- Gasoline Stations and P P P -- -- -- Convenience Stores Beer,Wine and Liquor P P P6 Stores Shopping Centers P P C9 -- -- -- Retail Sales and Big-Box Stores and P P -- -- -- -- Services Warehouse Clubs Thrift Store/Used P P -- -- -- -- Merchandise Sales Antique Stores P P -- -- -- -- Pet and Pet Supply Sales P P P6 P -- -- Pet Care/Veterinary P P P6 P Clinic Kennels/Pet Day Care P P -- P -- -- Tobacco and Related P P P6 -- -- -- Product Sales Electronic Shopping and P P P -- -- -- Mail-Order Sales Stand-alone Bottled Gas C C P6 C C and Biofuel Dealers Bakery Sales(small- P P P -- -- -- scale, not factory or distribution warehousing) Bakery Sales(large scale -- -- -- P P -- including distribution or warehousing) [January 2025] Page 2 USE CATEGORY SPECIFIC USE TYPE' B-1 B-2 B-3 B-44 B-54 PI Gen. Old City Cen. Bus Park/ Ind. Pub/Inst. West Light Ind. Medical Marijuana C9 C9 - C9 C9 - Facilities& Dual Licensees Marijuana -- -- -- -- -- -- Establishments Marijuana Cultivation -- -- -- -- --and Infusion Facilities Marijuana Cultivation -- -- -- -- -- - Marijuana Testing Facilities Swap Meets C9 C9 -- -- -- Farmers Markets P P P -- -- P Pawn Shops -- P -- -- -- -- Temporary Retail Carts A A A A -- A and Kiosks Printing Shop P P P P -- -- Cleaning and Janitorial P P P Services Landscaping and Retail Sales and Exterminating Services P P Services Business Equipment P P P P Maintenance and Repair Personal and Household Goods Repair e (Electronics, Furniture, P P P P P etc.) Dry Cleaning Services P P P Laundromat P P -- -- -- -- Linen and Uniform P P -- -- -- -- Retail Linen,Carpet, and -- -- -- P P -- Uniform Supply& Cleaning Personal Care Services (e.g. Hair, Nails and Skin P P P -- -- -- Care) Tattoo Services P P P -- -- -- Death Care Services/ C C -- C C -- Funeral Homes Crematories -- -- -- C C -- [January 2025] Page 3 USE CATEGORY SPECIFIC USE TYPE' B-1 B-2 B-3 B-44 B-54 PI Gen. Old City Cen. Bus Park/ Ind. Pub/Inst. West Light Ind. Taxidermist - -- -- P P -- Commercial Parking C9 C9 C9 C C C Lots and Garages Fraternal Organizations P P P (Clubs and Lodges) Retail Sales and Banks and Credit Unions P P P -- -- -- Services Securities/Commodities P P P -- -- P Office/Sales/Exchanges Check Cashing Store C C -- -- -- -- Adult Oriented Uses -- -- -- -- C9 -- General Offices P P P P' P' -- Office Call Center P P -- Elementary, Middle, P P P P P P and High Schools& Educational Colleges/Universities Services Trade Schools P P P P P P Administrative Services P P P P P P Physicians, Dental and P P P -- -- -- Health Practitioners Outpatient& P P -- -- -- -- Ambulatory Care Centers Medical and Diagnostic P P P -- -- -- Labs Home Health Care P P P -- -- -- Services Blood and Organ Banks P P -- P -- -- Health Care and General Medical and P P -- -- -- P Social Assistance Surgical Hospitals Psychiatric&Substance C9 C9 -- -- -- -- Abuse Facilities Nursing and Residential P P -- -- -- -- Care Facilities Individual and Family P P -- -- -- -- Care Services Homeless Shelter -- -- -- C9 C9 -- Community Food and -- -- -- C9 C9 -- Relief Services [January 2025] Page 4 USE CATEGORY SPECIFIC USE TYPE' B-1 B-2 B-3 B-44 B-54 PI Gen. Old City Cen. Bus Park/ Ind. Pub/Inst. West Light Ind. I ChilService Adult Day Care P P P6 P P I Vocational Rehab P P P I I Services Movie Theaters P P P - Performing Arts P P P P Facilities Spectator Sports C9 C9 C9 Facilities Museums and Historical P P P -- -- P Sites Zoos, Nature Parks and C9 C9 -- -- -- __ Botanical Gardens Amusement Parks C9 C9 -- -- -- -- Indoor Arcades P P P -- -- -- Gambling Facilities C9 C9 C9 -- -- -- Private Recreational C9 C9 -- C9 C9 Facilities(Outdoor) Arts, (Private Sports Entertainment, Complexes,Golf Recreation,and Open Space Courses,etc.) Private Recreational P P P P Facilities(Indoor) (Gyms, Martial Arts Studios,Yoga Studios, Paintball Courses, etc.) Event Centers&Venues C9 C9 C9 C9 -- -- Public Recreational A A A A A A Facilities Public Outdoor Music A A A A A A Festivals/Events Private Outdoor Music C C C C -- C Festivals/Events Commercial Equestrian C C -- __ __ C Boarding, Rentals, Arenas and Academies Cemeteries/Mausoleum -- -- -- -- -- C9 Restaurants& P P P C C -- Delicatessen Food and Drinking Caterers P P P6 P -- -- Establishments Confectionary and Ice P P P -- -- -- Cream Sales [January 2025] Page 5 USE CATEGORY SPECIFIC USE TYPE' B-1 B-2 B-3 B-44 B-54 PI Gen. Old City Cen. Bus Park/ Ind. Pub/Inst. West Light Ind. I Bars, Breweries, Brew P P P C C - Pubs and Tasting Rooms Restaurants/Bars/Clubs C C C -- -- -- (With Amplified Outdoor Music) Government Offices P P P P P P and Courts Public Services P P P P P P Public (Libraries, Parks, Public Administration Safety Buildings) Detention/Correctional -- -- -- C9 C9 C9 Facilities or Institutions Mining, Oil and Gas Extraction C9 C9 -- C9 C9 C9 Quarrying,Gas Mining -- -- -- C9 C9 C9 and Oil Quarrying -- -- -- C9 C9 C9 Electric Power C C C C C C Generation' Water and Sewerage C C C C C P Systems/Facilities Telecommunication Facilities C C C C C P (Antennas or Towers) Telecommunication Utilities Facilities (Antennas or Towers) P P P P P P on land owned, leased, or otherwise controlled by the City Other Utilities See§ 1-6-21 Alternative Energy See§ 1-6-16 Generation Facilities Light Manufacturing -- -- -- P P -- (Located within an enclosed building and only generates moderate and manageable traffic, noise,vibration,odor, glare and/or light impacts) Heavy Manufacturing -- -- -- -- C -- Manufacturing (Indoor and/or Outdoor: Assembly, manufacturing, processing, repair and/or storage,and that may generate traffic, noise,vibration,odor, [January 2025] Page 6 glare, and/or light impacts that need to be conditionally managed) Ancillary PZ PZ Pz N/A N/A P Manufacturingz USE CATEGORY SPECIFIC USE TYPE' B-1 B-2 B-3 B-44 B-54 PI Gen. Old City Cen. Bus Park/ Ind. Pub/Inst. West Light Ind. Contractors office,shop P P - and/or storage(indoors) Contractors office,shop C C -- C C - Construction and/or storage(indoors and/or outdoors) Craftsman and Artisan P P P P P - (Indoors) Craftsman and Artisan C C -- C C - (Outdoors) Truck Transportation -- -- -- C C -- Terminal Bus Transportation -- -- -- C C C Terminal Air Transportation -- -- -- C9 C9 C9 Terminal Taxi and Limousine -- -- -- P P P Service Towing Truck Parking -- -- -- C C -- Transportation and Storage and Warehousing Scenic and Sightseeing C C -- C C C Terminal/Parking Postal,Courier and P P -- P P P Delivery Service General Warehouse and -- -- -- P P -- Storage(Indoor) Self Storage Facility -- -- -- C9 C9 -- Distribution Facilities -- -- -- C C -- Outside Storage Yards -- -- -- C C -- Motion Pictures and C C -- P P -- Sound Recording Indus. Broadcasting and P P P P P -- Information Recording Data Center/Data 9 C9 -- Processing Facilities Transfer Station/ Waste Material Recovery -- -- -- -- C9 C9 Management Center And Remediation Solid Waste Disposal 9 9 Sites -- -- -- -- C C [January 20251 Page 7 USE CATEGORY SPECIFIC USE TYPE' B-1 B-2 B-3 B-44 B-54 PI Gen. Old City Cen. Bus Park/ Ind. Pub/Inst. West Light Ind. Recycling Facilities - -- -- -- C9 C9 Waste Tire Collection C9 and/or Storage Crop Production -- -- -- P P -- Feed Lots -- -- -- -- -- Greenhouse and C C -- P P -- Agriculture Nursery Beef, Dairy,Sheep,Goat -- -- -- -- C and Hog Production Poultry and Egg -- -- -- C C -- Production Aquaculture -- -- -- C C -- Single-Family Detached -- -- -- -- -- -- Residential Multi-Family Residential -- -- C9 -- -- -- (Including Apartments, Condominiums or Residential Uses' Townhouses) Assisted Living Facility P P -- -- -- -- Group Care Home -- -- -- -- -- -- Live/Work Unit C C P -- -- C Hotels, Motels and P P P -- -- -- Resorts Bed and Breakfast Inns P P Accommodation and Lodging -- -- -- -- -- -- RV Campgrounds Boarding House -- -- -- -- Institution (seating Religious capacity of up to 1,500 P P P P P P Institutions/ persons) Places of Worship Large Institution (seating capacity C C C C C C greater than 1,500 persons) "P" = Permitted Use by Right.A"P" indicates that the listed use is permitted by-right within the respective zoning district. "C" =Conditional Use Permit.A"C" indicates that the listed use is permitted within the respective zoning district only after review and approval of a Conditional Use Permit, in accordance with the review and [January 2025] Page 8 approval procedures of§ 1-16-12 (D).The approval of"C" uses noted with Footnote 9, shall be subject to City Council review through an additional public hearing. "A" = Administrative Use Permit. An "A" indicates that the use and/or structure is permitted within the respective zoning district following review and approval of an administrative permit by the Development Services Director or designee in accordance with § 1-16-12 (C). "—" = Prohibited Uses. A "-" indicates that the listed use type is expressly not allowed within the respective zoning district. Footnotes from Table 5-3: 1. Where land use category definitions are not provided or unclear,the Zoning Administrator shall be responsible for interpretation. 2. An ancillary manufacturing use is a subsidiary or secondary use or operation connected to the main use of a building.Ancillary manufacturing uses shall be allowed in the B-1, B-2 or B-3 zoning districts if incidental and subordinate to the primary retail, office, public or quasi/public use, provided that not more than 50%, up to a maximum of 1,500 square feet,of the floor area of the business is engaged in these ancillary manufacturing activities. No outside manufacturing, processing,repair or equipment/inventory storage shall be allowed for ancillary uses(see Section 1-6-26). Ancillary manufacturing uses proposed to be greater than 1,500 square feet and/or 50% of the total floor area may be approved as a conditional use by the Planning and Zoning Commission (see Section 1-6-26). 3. See § 1-6-16 (B)for alternate energy production regulations. 4. Land uses listed in the B-4 and B-5 district that propose outdoor assembly, repair,manufacturing, processing and/or storage shall require conditional use permit approval even if identified in Table 5-3 as a permitted use by right. 5. See § 1-6-15 for adult oriented business regulations. 6. The noted retail and service use categories shall only be permitted in the B-3 zoning district when they are an incidental use to a permitted primary use. The noted use categories shall not be operated as primary stand-alone facilities, but may be permitted as individual occupancies within "strip" or"in-line" commercial centers. 7. Offices in B-4 and B-5 zoning districts shall only be permitted as ancillary uses. 8. Where a non-residential property was previously developed for commercial uses and is being redeveloped for residential uses, the new development plan shall contain whichever is greater of either: (i) a minimum of 25% of the previous commercial building square footage on the new site for commercial uses, or; (ii) a minimum of 35%of the acreage shall be used for commercial uses. [January 2025] Page 9 This definition of commercial uses shall be interpreted in a broad sense to include all typical retail, commercial and office uses. 9. Noted land uses shall be subject to City Council review and approval through a public hearing, following a recommendation by the Planning and Zoning Commission. [January 2025] Page 10 AMENDMENTS TO THE APACHE JUNCTION CITY CODE, VOLUME II, LAND DEVELOPMENT CODE, CHAPTER 1: ZONING ORDINANCE, ARTICLE 1-5: ZONING BULK AND USE REGULATIONS, § 1-5-1 RESIDENTIAL USE REGULATIONS AND § 1-5-3 NON-RESIDENTIAL USE REGULATIONS A) ARTICLE 1-5: ZONING BULK AND USE REGULATIONS, §1-5-1 RESIDENTIAL USE REGULATIONS. Table 5-1 is amended in its entirety, which illustrates the use regulations for all residential zoning districts, as follows: TABLE 5-1: RESIDENTIAL USE REGULATIONS USE/STRUCTURE TYPE RS-GR RS-54 RS-54M RS-20 RS-20M RS-10 RS-10M RS-7 RS-7M RS-5 RM-1 RM-2 RM-3 MHP RVP Single-Family Detached P P P P P P P P P P Conventional Housing Single-Family Detached P -- P -- P -- P -- P -- -- -- -- P G Manufactured Housing P Multi-Family Residential Housing -- -- -- -- -- -- -- -- -- -- P P P -- -- HUD Certified Park Model Alternative P -- P -- P -- P -- P -- -- -- -- P P Recreational Vehicle as Primary -- -- -- -- -- -- -- -- -- -- -- -- -- P P Residence16 Boarding House -- -- -- -- -- -- -- -- -- -- C C C -- -- Bed & Breakfast and Resorts C C C C C -- -- -- -- -- -- -- -- -- -- Child Care Homes' A A A A A A A A A A C C C -- -- Airports and Heliports2 J, _ -- -- -- -- -- -- -- -- -- -- -- -- Personal Caretaker Unit3 A A A A A A A A A A -- -- -- -- -- [January 2025] Page 1 Property Caretaker/ Ranch Hand A A A A A -- -- -- -- -- -- -- -- -- -- Unit4 Accessory Dwelling Units A A A A A A A A A A -- -- -- -- -- Temp. Living Quarters During P P P P P P P P P P -- -- -- -- -- Constructions Public/Private Schools K to 1215 C C C C C C C C C C C C C C C Religious Institutions C C C C C C C C C C C C C C C Civic Uses and Structures A A A A A A A A A A A A A A A Above Ground Utilities' A A A A A A A A A A A A A A A Telecom Facilities C C C C C C C C C C C C C C C Lodges/Clubs -- -- -- -- -- -- -- -- -- Model Homes$ A A A A A A A A A A A A A A A Detached Garages9 P P P P P P P P P P P P P P P Accessory Structures9 (except cargo P P P P P P P P P P P P P P P cont.) Equestrian Activities (private)10 P P P P P P P P P P -- -- -- -- -- Equestrian Activities (commercial)10 C C C -- -- -- -- -- -- -- -- -- -- -- -- Commercial Agriculture11 P C__ C__ -- -- -- -- -- -- -- -- -- -- -- -- Non-commercial Agriculture11 P P P P P P P P P P P P P P P [January 2025] Page 2 Produce Sales" P -- -- -- -- -- -- -- -- -- -- -- -- -- -- Feed Lots" -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- Rorro�t'nnol (Indeer and Outdoor) G G G Solar Panels12 P P P P P P P P P P P P P P P Alternate non-solar) Energy C C C C C C C C C C C C C C C Technologies12 Guest Ranch C C C C C -- -- -- -- -- -- -- -- -- -- Commercial Recycling Bins -- -- -- -- -- -- -- -- -- -- -- -- -- P P Animal Keeping See Vol. II, 1-6-17 Temporary Uses and Structures See Vol. II, 1-6-23 Home Occupations See Vol. II, § 1-6-6 Signs See Vol. II, Article 1-11 Fences/Walls See Vol. II, 1-6-3 Swimming Pools and Sports Courts See Vol. 11, 1-6-11 Cargo Containers See Vol. 11, 1-6-8 Outdoor Storage See Vol. 11, 1-6-9 Group Care Homes See Vol. 11, 1-6-10 Subdivision and HOA Activities See Footnote# 14 [January 2025] Page 3 Y€S P = Permitted use by right.A YES indicates that the listed use is permitted by-right within the respective zoning district. Permitted uses are subject to all other applicable standards (see Vol. II, Article 1-6,Supplemental Regulations). CAR C = Conditional use permit. A CUP indicates that the listed use is permitted within the respective zoning district only after review and approval of a conditional use permit, in accordance with the review and approval procedure of Vol. II, § 1-16-12(D). AU-R A=Administrative use permit.An AUP indicates that the use and/or structure is permitted within the respective zoning district following review and approval of an administrative permit by the Development Services Director or designee in accordance with Vol. II, § 1-16-12(C). 49-- = Prohibited uses.A NO indicates that the listed use type is expressly not allowed within the respective zoning district. Footnotes from Table 5-1: 1. This classification includes home based nursery schools, preschools, and day care facilities for children through the age of 12 licensed by the State of Arizona.The maximum amount of non-resident children allowed on-site is 6 or less. 2. See Vol. II, § 1-6-14 for airports and helipads regulations. 3. See Vol. II, § 1-6-20 for personal caretaker unit regulations. 4. See Vol. II, § 1-6-7(D)(7)for property caretaker/ranch hand regulations. 5. See Vol. II, § 1-6-19 for accessory dwelling unit regulations. 6. A travel trailer, motor home or fifth wheel may be parked and used as a temporary living quarters, or an existing legal manufactured home located on the premises may be used as a temporary residence,for up to 8 months while a home is being constructed on a single-family residentially zoned property subject to compliance with the main building's setback requirements.The temporary quarters may be temporarily connected to utilities subject to proper permitting (see Vol. II, § 1-6-23,Table 6-3). 7. See Vol. II, § 1-6-21 regarding regulations for utility installations. 8. See Vol. II, Article 1-17 regarding model home definition and restriction. 9. See Vol. II, § 1-6-5 for accessory structure regulations. [January 2025] Page 4 10. The keeping of horses for private use requires a minimum of 1.25 grass acres. See Vol. II, § 1-6-7 for further equestrian regulations. 11. See Vol. II, § 1-6-18 for agriculture use regulations. 12. See Vol. II, § 1-6-16 for alternative energy technologies regulations. 13. See Vol. II, § 1-6-21 for utility installation regulations. 14. Ancillary retail sales and special events/activities intended for subdivision residents only. Homeowner's Associations shall apply for and obtain an AUP from the Zoning Administration prior to conducting or allowing ancillary retail sales (e.g., market days, craft/art sales,fundraisers and temporary food vendors). If approved,the Zoning Administrator shall issue an AUP with written conditions of approval in accordance with the following: a. All proprietors and vendors shall possess valid business licenses and permits as required by the City Code, and comply with required sales tax administration and collection processes. b. The application for an administrative permit shall contain a description of the ancillary retail sales activity, maximum number and type of vendors, days and hours of operation and a site plan illustrating the location and parking associated with the retail sales. c. All signs that describe or relate to ancillary retail activities shall not be visible from beyond the boundaries of the subdivision. d. Ancillary retail sales shall be conducted indoors within the recreational/social center or outdoors within a common area. e. Parking for approved retail uses shall be accommodated within established and approved parking areas, or with on-street parking approved by the Zoning Administrator. f. Ancillary retail sales shall be directed to and be for the benefit of subdivision residents and their guests only. g. Ancillary retail sales shall not exceed more than 3 days per week and shall operate between the hours of 7:00 a.m. and 10:00 p.m. h. The administrative permit may be valid for multiple events. i. Failure to comply with the conditions of approval established in the administrative permit may result in the revocation of the permit, and prohibition on issuing future retail sales permits to the subdivision. [January 2025] Page 5 Ancillary Retail Sales and Special Events/Activities Intended for Subdivision Residents and Non-Subdivision Residents. Special events and/or activities hosted or sponsored by the subdivisions (e.g., concerts,fund raisers, lectures, seminars, workshops, educational classes, recreation, food/beverage sales, sporting events and meetings) or 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 Chapter 8,Vol. I of the City Code regarding special events. 15. Conditional use permit approval shall be required for public and private schools unless pre-empted by state law. Charter schools located on single-family zoned properties less than 1-acre in size shall be prohibited. 16. See Vol. II, § 1-9-3 for recreational vehicle and manufacture home park regulations. [January 2025] Page 6 B) ARTICLE 1-5: ZONING BULK AND USE REGULATIONS, §1-5-3 NON-RESIDENTIAL USE REGULATIONS. Table 5-3 is amended in its entirety, which illustrates the use regulations for all non-residential zoning districts, as follows: TABLE 5-3: NON-RESIDENTIAL USE REGULATIONS USE CATEGORY SPECIFIC USE TYPE' B-1 B-2 B-3 B-44 B-54 PI Gen. Old City Cen. Bus Park/ Ind. Pub/Inst. West Light Ind. Motor Vehicle Dealer P P —P General Automotive P P P Repair RV Sales/Service/Repair -- -- -- C C -- Boat,ATV&Motorcycle __ P __ P -- P -- -- Sales/Service Semi-Truck -- -- -- C C -- Service/Repair Semi-Truck Stop -- -- -- C C -- Vehicle Services Body Shops -- -- -- P P and Rentals Car Washes P P -- Vehicle Rental and C_P C P -- P P -- Leasing Truck,Trailer and C C -- P P -- Moving Vehicle Rentals Machinery and Equip. P P -- P P -- Rental (Indoor) Machinery and C C -- P P -- Equipment Rental (Indoor/Outdoor) General Retail (Personal Goods, Household Goods, P P P -- -- -- Consumer Electronics, Retail Sales and Specialty Goods,etc.) Services Automotive Parts and P P P6 C_P 6P -- Accessory Sales Manufactured/Mobile -- -- -- C C -- Home Sales [January 2025] Page 1 USE CATEGORY SPECIFIC USE TYPE' B-1 B-2 B-3 B-44 B-54 PI Gen. Old City Cen. Bus Park/ Ind. Pub/Inst. West Light Ind. IAppliances& Parts Sales P P P6 P P and Repair Stores Hardware Store P P P -- -- -- Building Materials and C C -- EP P -- Supplies Sales(Indoors and/or Outdoors) Lawn and Garden P P P6 P P -- Equipment/Supply Sales Feed and Fertilizer Sales C C P6 C P -- Nursery/Greenhouses C C -- P P with On-Site Sales Grocery Stores P P P -- -- -- Gasoline Stations and P P P -- -- -- Convenience Stores Beer,Wine and Liquor P P P6 Stores Shopping Centers P P C9 -- -- -- Retail Sales and Big-Box Stores and P P -- -- -- -- Services Warehouse Clubs Thrift Store/Used P P -- -- -- -- Merchandise Sales Antique Stores P P -- -- -- -- Pet and Pet Supply Sales P P P6 P -- -- Pet Care/Veterinary P P P6 P Clinic Kennels/Pet Day Care P P -- P -- -- Tobacco and Related P P C P6 -- -- -- Product Sales Electronic Shopping and P P P -- -- -- Mail-Order Sales Stand-alone Bottled Gas C C P6 C C and Biofuel Dealers Bakery Sales(small- P P P -- -- -- scale, not factory or distribution warehousing) Bakery Sales(large scale -- -- -- P P -- including distribution or warehousing) [January 2025] Page 2 USE CATEGORY SPECIFIC USE TYPE' B-1 B-2 B-3 B-44 B-54 PI Gen. Old City Cen. Bus Park/ Ind. Pub/Inst. West Light Ind. Medical Marijuana C9 C9 - C9 C9 - Facilities& Dual Licensees Marijuana -- -- -- -- -- -- Establishments Marijuana Cultivation -- -- -- -- --and Infusion Facilities Marijuana Cultivation -- -- -- -- - - Marijuana Testing Facilities Swap Meets C9 C9 -- -- -- Farmers Markets P P P -- -- P Pawn Shops -- P -- -- -- -- Temporary Retail Carts A A A A -- A and Kiosks Printing Shop P P P P -- -- Cleaning and Janitorial P P P Services Landscaping and Exterminating P P Retail Sales and g Services Services Business Equipment P P P P Maintenance and Repair Personal and Household Goods Repair e (Electronics, Furniture, P P P P P etc.) Dry Cleaning Services P P P Laundromat P P -- -- -- -- Linen and Uniform P P -- -- -- -- Retail Linen,Carpet, and -- -- -- P P -- Uniform Supply& Cleaning Personal Care Services (e.g. Hair, Nails and Skin P P P -- -- -- Care) Tattoo Services P P P -- -- -- Death Care Services/ C C -- C -C -- Funeral Homes Crematories -- -- -- C C -- [January 2025] Page 3 USE CATEGORY SPECIFIC USE TYPE' B-1 B-2 B-3 B-44 B-54 PI Gen. Old City Cen. Bus Park/ Ind. Pub/Inst. West Light Ind. Taxidermist - -- -- P P -- Commercial Parking C9 C9 C9 C C C Lots and Garages Fraternal Organizations P P P (Clubs and Lodges) Retail Sales and Banks and Credit Unions P P P -- -- -- Services Securities/Commodities P P P -- -- P Office/Sales/Exchanges Check Cashing Store C C -- -- -- -- Adult Oriented Uses -- -- -- -- C9 - General Offices P P P P' P' -- Office Call Center P P -- Elementary, Middle, P P P P P P and High Schools& Educational Colleges/Universities Services Trade Schools P P C-P P P P Administrative Services P P C-P P P P Physicians, Dental and P P P -- -- -- Health Practitioners Outpatient& P P -- -- -- -- Ambulatory Care Centers Medical and Diagnostic P P P -- -- -- Labs Home Health Care P P P -- -- -- Services Blood and Organ Banks P P -- P -- -- Health Care and General Medical and P P -- -- -- P Social Assistance Surgical Hospitals Psychiatric&Substance -PC9 -PC9 -- -- -- -- Abuse Facilities Nursing and Residential P P -- -- -- -- Care Facilities Individual and Family P P -- -- -- -- Care Services Homeless Shelter 42-- -12-- -- _C9 _C9 Community Food and g-- g-- -- RC9 _C9 -- Relief Services [January 2025] Page 4 USE CATEGORY SPECIFIC USE TYPE' B-1 B-2 B-3 B-44 B-54 PI Gen. Old City Cen. Bus Park/ Ind. Pub/Inst. West Light Ind. Child &Adult Day Care P P P6 P -- P Services Vocational Rehab P P -- P -- -- Services Movie Theaters P P P -- -- -- Performing Arts P P P -- -- P Facilities Spectator Sports C9 C9 C9 -- -- C-_- Facilities Museums and Historical P P P -- -- P Sites Zoos, Nature Parks and C9 C9 -- -- -- C--- Botanical Gardens Amusement Parks C9 C9 -- -- -- �__ Indoor Arcades P P P -- -- -- Gambling Facilities C9 C9 C9 Private Recreational C9 C9 -- C9 C9 C--- Facilities(Outdoor) Arts, (Private Sports Entertainment, Complexes,Golf Recreation,and Open Space Courses,etc.) Private Recreational P P P P -- C--- Facilities(Indoor) (Gyms, Martial Arts Studios,Yoga Studios, Paintball Courses, etc.) Event Centers&Venues C9 C9 C9 C9 -- -- Public Recreational A A A A A A Facilities Public Outdoor Music A A A A A A Festivals/Events Private Outdoor Music C C C C -- C Festivals/Events Commercial Equestrian C C -- C-__ C-__ C Boarding, Rentals, Arenas and Academies Cemeteries/Mausoleum -- -- -- C9 Restaurants& P P P —C —C C--- Delicatessen Food and Caterers P P P6 P Drinking -- -- Establishments Confectionary and Ice P P P -- -- -- Cream Sales [January 2025] Page 5 USE CATEGORY SPECIFIC USE TYPE' B-1 B-2 B-3 B-44 B-54 PI Gen. Old City Cen. Bus Park/ Ind. Pub/Inst. West Light Ind. I Bars, Breweries, Brew P P P C C - Pubs and Tasting Rooms Restaurants/Bars/Clubs C C C -- -- -- (With Amplified Outdoor Music) Government Offices P P P P P P and Courts Public Services P P P P P P Public (Libraries, Parks, Public Administration Safety Buildings) Detention/Correctional -- -- -- C9 C9 C9 Facilities or Institutions Mining, Oil and Gas Extraction C9 C9 -- C9 C9 C9 Quarrying,Gas Mining -- -- -- C9 C9 C9 and Oil Quarrying -- -- -- C9 C9 C9 Electric Power C C C C C C Generation' Water and Sewerage C C C C C P Systems/Facilities Telecommunication Facilities C C C C C P (Antennas or Towers) Telecommunication Utilities Facilities (Antennas or Towers) P P P P P P on land owned, leased, or otherwise controlled by the City Other Utilities See§ 1-6-21 Alternative Energy See§ 1-6-16 Generation Facilities Light Manufacturing -- -- -- P P -- (Located within an enclosed building and only generates moderate and manageable traffic, noise,vibration,odor, glare and/or light impacts) Heavy Manufacturing -- -- -- -- C -- Manufacturing (Indoor and/or Outdoor: Assembly, manufacturing, processing, repair and/or storage,and that may generate traffic, noise,vibration,odor, [January 2025] Page 6 glare, and/or light impacts that need to be conditionally managed) I Ancillary PZ PZ Pz N/A N/A P Manufacturingz USE CATEGORY SPECIFIC USE TYPE' B-1 B-2 B-3 B-44 B-54 PI Gen. Old City Cen. Bus Park/ Ind. Pub/Inst. West Light Ind. Contractors office,shop P P - P P - and/or storage(indoors) Contractors office,shop C C - C C - Construction and/or storage(indoors and/or outdoors) Craftsman and Artisan P P P P P - (Indoors) Craftsman and Artisan C C -- C R C - (Outdoors) Truck Transportation -- -- -- C C - Terminal Bus Transportation -- -- -- C C C Terminal Air Transportation -- -- -- P C9 P C9 R C9 Terminal Taxi and Limousine -- -- -- P P P Service Transportation Towing Truck Parking -- -- -- C 42 C and and Storage Warehousing Scenic and Sightseeing C C -- C C C Terminal/Parking Postal,Courier and E P C-P -- C P P C P Delivery Service General Warehouse and -- -- -- P P -- Storage(Indoor) 540n4 0.1a- H u4p Self -- -- -- C9 C9 -- Storage Facility Distribution Facilities -- -- -- R C R C -- Outside Storage Yards -- -- -- C C -- Motion Pictures and C C C-- P P -- Sound Recording Indus. Broadcasting and P P P P P -- Information Recording Data Center/Data C 9 C9 Processing Facilities Transfer Station/ Waste Material Recovery -- -- -- -- C9 C9 Management Center And Remediation Solid Waste Disposal 9 9 Sites -- -- -- -- C C [January 2025] Page 7 USE CATEGORY SPECIFIC USE TYPE' B-1 B-2 B-3 B-44 B-54 PI Gen. Old City Cen. Bus Park/ Ind. Pub/Inst. West Light Ind. Recycling Facilities - -- -- -- C9 C9 Waste Tire Collection C9 and/or Storage Crop Production -- -- -- P P -- Feed Lots -- -- -- -- -- Greenhouse and C C -- P P -- Agriculture Nursery Beef, Dairy,Sheep,Goat -- -- -- -- C and Hog Production Poultry and Egg -- -- -- C C -- Production Aquaculture -- -- -- C C -- Single-Family Detached -- -- -- -- -- -- Residential Multi-Family Residential C-- C-- C9 -- -- C__ (IncludingApartments, Condominiums or Residential Uses' Townhouses) Assisted Living Facility P P C-- -- -- -- Group Care Home C-- C-- C-- -- -- -- Live/Work Unit C C P -- -- C Hotels, Motels and P P P -- -- -- Resorts Bed and Breakfast Inns P P Accommodation and Lodging RV Campgrounds C-- C-- -- -- -- -- Boarding House -- -- -- -- Institution (seating Religious capacity of up to 1,500 P P P P P P Institutions/ persons) Places of Worship Large Institution (seating capacity C C C C C C greater than 1,500 persons) "YES" "P" = Permitted Use by Right. A "P" indicates that the listed use is permitted by-right within the respective zoning district. "GI 112" "C" =Conditional Use Permit.A"C" indicates that the listed use is permitted within the respective zoning district only after review and approval of a Conditional Use Permit, in accordance with the review [January 2025] Page 8 and approval procedures of§ 1-16-12(D).The approval of"C" uses noted with Footnote 9,shall be subject to City Council review through an additional public hearing. "41IP" "A" =Administrative Use Permit.An "A" indicates that the use and/or structure is permitted within the respective zoning district following review and approval of an administrative permit by the Development Services Director or designee in accordance with § 1-16-12 (C). NO" "—" = Prohibited Uses. A "-" indicates that the listed use type is expressly not allowed within the respective zoning district. Footnotes from Table S-3: Where land use category definitions are not provided or unclear, the Zoning Administrator shall be responsible for interpretation. An ancillary manufacturing use is a subsidiary or secondary use or operation connected to the main use of a building. Ancillary manufacturing uses shall be allowed in the B-1, B-2 or B-3 zoning districts if incidental and subordinate to the primary retail, office, public or quasi/public use, provided that not more than SO%, up to a maximum of 1,500 square feet,of the floor area of the business is engaged in these ancillary manufacturing activities. No outside manufacturing, processing,repair or equipment/inventory storage shall be allowed for ancillary uses(see Section 1-6-26). Ancillary manufacturing uses proposed to be greater than 1,500 square feet and/or 50% of the total floor area may be approved as a conditional use by the Planning and Zoning Commission (see Section 1-6-26). See § 1-6-16 (B)for alternate energy production regulations. Land uses listed in the B-4 and B-5 district that propose outdoor assembly, repair, manufacturing, processing and/or storage shall require conditional use permit approval even if identified in Table 5-3 as a permitted use by right. See § 1-6-15 for adult oriented business regulations. The noted retail and service use categories shall only be permitted in the B-3 zoning district when they are an incidental use to a permitted primary use.The noted use categories shall not be operated as primary stand-alone facilities, but may be permitted as individual occupancies within "strip" or"in-line" commercial centers. Offices in B-4 and B-5 zoning districts shall only be permitted as ancillary uses. Where a non-residential property was previously developed for commercial uses and is being redeveloped for residential uses, the new development plan shall contain whichever is greater of either: a minimum of 25% of the previous commercial building square footage on the new site for commercial uses, or; a minimum of 35%of the acreage shall be used for commercial uses. [January 2025] Page 9 This definition of commercial uses shall be interpreted in a broad sense to include all typical retail, commercial and office uses. Noted land uses shall be subject to City Council review and approval through a public hearing,following a recommendation by the Planning and Zoning Commission. [January 2025] Page 10 Text Amendment to Apache Junction Zoning Ordinance Article 1 - 5 : Zoning Bulk and Use Regulations P - 24 - 1 -AM City of Apache Junction City Council Work Session February 3., 2025 � , Jibfit Background • On December 5, 2023., the City Council held a discussion about the usage of Conditional Use Permits ( "CUPs" ) for major, lasting, and impactful land use decisions . Staff were directed to review the ordinance language and return at a future meeting with potential text amendment options . • On January 16, 2024, Staff presented options and were directed by the City Council to draft a text amendment to modify the Article 1-5 : Zoning Bulk and Use Regulations land use tables for the City Council to be involved in permanent and high -impact land use decisions . Propospri Amendment • Update Apache Junction City Code, Volume II, Land Development Code, Chapter 1 : Zoning Ordinance, Article 1-5 : Zoning Bulk and Use Regulations land use tables through an evaluation of which land uses should involve City Council review and approval . • City Council review requirements have been incorporated through the addition of the footnote "9 . Noted land uses shall be subject to City Council review and approval through a public hearing, following a recommendation by the Planning and Zoning Commission ." • The symbology of the table has been updated to facilitate ease in reading. USE CATEGORY SPECIFIC USE TYPE' B-3 13-4' P1 USE CATEGORY SPECIFIC USE TYPE' 13-3 13-4' P1 City Cen. Bus Park/ Pub/Inst City Cen. Bus Park/ Pub/Inst Light Ind. Light Ind. Motor Vehicle Dealer Motor Vehicle Dealer Old symbology New symbology :valuation Criteria I . Is the land use "conditional ?" "Conditional" meaning there is some aspect of its operation that requires management & coordination of design, and that the use approval can be revoked for failing to meet the operational standards established by the ordinance . Examples of Conditional Uses : outdoor music, heavy manufacturing, outdoor activity Examples of non-conditional uses : Residential development in commercial zones, parking garages, cemeteries :valuatiLnr Criteria 2 . 1s the land use of such high/significant impact that the decision is best made by elected leadership? "High Impact" meaning that the land use generates exceptional levels of activity or disturbance (such as noise & traffic) or permanently affects the nature of the property. Examples : Amusement parks, zoos, golf courses, cemeteries, airports, Multi-Family residential conversion of commercial "Significant Impact" is meant to cover land uses that have notable community sensitivity resulting in political weight and significance . Examples : Jails, rehab facilities, homeless shelters, gambling facilities, airports .valuatinr Criteria 3 . 1s the land use better served with a rezoning or planned development? Examples : Multi-family residential development, Shopping Malls Recommendati .,.. • The Planning and Zoning Commission voted 7-0 to recommend the approval of draft text amendment P- 24- 1 -AM on January 14, 2025 . Next Steps • City Council Public Hearing — 2 - 18-2025 Questions ? ►P�"E�c�, City of Apache Junction, Arizona 300 E Superstition Boulevard o Agenda Item Cover Sheet Apache Junction,AZ U =i 85119 Agenda Item No. 3. 'Piz File ID: 25-039 Sponsor: Dave Butler Agenda Date: 2/3/2025 Index: In Control: City Council Work Session Presentation and discussion of award of bid for Prospector Park drainage improvements. City of Apache Junction,Arizona Page 1 Printed on 112912025 fI� fCity o .�. ache Junction yfp Home of the Superstition Mountains DATE: JANUARY 22, 2025 TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS THROUGH: BRYANT POWELL, CITY MANAGER FROM: LIZ LANGENBACH, DIRECTOR PARKS&RECREATION SUBJECT: AWARD OF CONTRACT FOR PROSPECTOR PARK DRAINAGE IMPROVEMENTS RFB #P&R PP DRAINAGE 2024-007 On December 30, 2024,the city re-issued a Request for Bid for drainage improvements at Prospector Park. On January 15, 2025,the city received 4 responses, as follows: BIDDER BASE BID ADD ALTERNATE TOTAL BID Combs Construction Co. Inc. $747,124.00 304,409.00 $1,051,533.00 Bider Neve LLC $343,484.00 216,039.00 $559,523.00 Scholz Contracting LLC $450,304.00 238,003.00 $688,307.00 Primary Construction Inc. $342,812.12 169,469.60 $512,281.72 Recommendation Because Primary Construction Inc.was the lowest, responsive bidder, staff recommend awarding contract for the base bid amount listed above plus 5%contingency for a total of$359,952.73. The budget for this project was$300,000; however,the department has other savings to accommodate the increase for this critical project. This item will be discussed at your next work session and brought back two weeks later for final consideration. PROPOSED CITY OF APACHE JUNCTION AGREEMENT FOR PROSPECTOR PARK DRAINAGE IMPROVEMENTS PROJECT NO. P&R PP DRAINAGE 2024-008 THIS AGREEMENT made and entered into by and between the CITY OF APACHE JUNCTION ("City"), an Arizona municipal corporation, and PRIMARY CONSTRUCTION INC, an Arizona corporation ("Contractor"), who shall be collectively referred to as the "Parties", or individually as a "Party". RECITALS A. Contractor has responded to City's request for bid (the "RFB" and response both being considered the "Contract Documents") via RFB No. P&R PP DRAINAGE 2024-008, in which Contractor asserts its willingness, ability and qualifications to provide this work and service (hereinafter referred to as the "Work"). B. City and Contractor desire to set forth herein their respective responsibilities and the manner and terms upon which Contractor shall render the Work. C. City has complied with the public bidding requirements under Arizona Revised Statutes Title 34 and Apache Junction City Code, Vol. I, Chapter 3: Administration, Article 3-7: Procurement Procedures. AGREEMENT NOW, THEREFORE, City retains Contractor to perform, and Contractor agrees to render the services in accordance with the terms and conditions setforth as follows: 1. PROJECT DESCRIPTION: Contractor shall do and perform or cause to be done and performed in a good workmanlike manner, the Work in accordance with the Contract Documents as fully described in the Notice Inviting Bid Proposals for Project No. P&R PP DRAINAGE 2024-008 which includes all required specifications. 2. PRICES: Prices shall be governed under Exhibit A for the performance of the work under the contract documents. 3. PAYMENTS & COMPLETION: The total amount payable by the City to the Contractor shall not exceed Three Hundred Forty Two Thousand Eight Hundred Twelve Dollars and Twelve Cents ($342,812.12) (the "Contract Sum") for the performance of the Work under the Contract Documents except for changes authorized by properly executed change orders (contingency), which shall not 1 exceed an additional 5%of the Contract Sum, in the amount of Seventeen Thousand One Hundred Forty Dollars and Sixty One Cents ($17,140.61), for a grand total of Three Hundred Fifty Nine Thousand Nine Hundred Fifty Two Dollars and Seventy Three Cents ($359,952.73). All contracts will be operable for their full term at the rates quoted in the initial bid proposal, unless otherwise extended in writing by the City. Upon notice that the Work is ready for final inspection or acceptance, a City representative shall promptly cause an inspection to be made. Once City finds the Work acceptable under the Contract Documents, City shall promptly submit for processing a certificate for payment stating that, to the best of its knowledge, information and belief on the basis of its observation and inspection, the Work has been completed in accordance with the terms and conditions of the Contract Documents and that partial payment or the entire balance due the Contractor is payable. Final payment shall not become due until the Contractor submits to the City all required lien waivers, releases and any other data establishing payment or satisfaction of all Contractor's obligations. If any subcontractor refuses to furnish a release or waiver required by City, Contractor may furnish a bond to indemnify City against any such lien. If any such lien remains unsatisfied after all payments are made, Contractor shall refund to City all monies that the latter may be compelled to pay in discharging such liens, including all costs and reasonable attorney fees. 4. CONTRACT TERM: The Term of this Agreement shall be performed from February 19, 2025 through July 31, 2025. Extensions shall only be allowed as mutually agreed upon in writing by the Parties. Renewals shall only be allowed as mutually agreed upon in writing by the Parties. 5. LABOR AND MATERIALS: Unless otherwise provided in the contract documents, Contractor shall provide, pay and insure under the requisite laws and regulations for all labor, materials, equipment, tools and machinery, utilities, transportation, otherfacilities and services necessary for the proper execution and completion of the Work whether temporary or permanent, and whether or not incorporated or to be incorporated in the Work. 6. WARRANTY: Contractor shall guarantee the Work against defective workmanship or materials for a period of one (1) year from the date of its final acceptance under the contract, ordinary wear and tear and unusual abuse or neglect excepted. Any omission on the part of City to condemn defective work or materials at the time of construction shall not be deemed an acceptance and Contractor will be required to correct defective work or materials at any time before final acceptance. Within one (1)year from the date of final acceptance due to faults in workmanship or materials, Contractor shall begin making the necessary repairs to the satisfaction of City within fourteen (14) calendar days of receipt of written notice from City. Such work shall include the repair or replacement of other work or materials damaged or affected by making the above repairs or corrective work all at no additional cost to City. In the case of Work materials or equipmentfor which warranties are required by the special provisions of the Contract Documents, Contractor shall provide or secure from the appropriate subcontractor 2 or supplier such warranties addressed to and in favor of City and deliver same to City prior to final acceptance of the Work. Delivery of such warranties shall not relieve Contractor from any obligation assumed under any other provision of the contract. The warranties and guarantees provided in this subsection shall be in addition to and not in limitation of any other warrantees, guarantees or remedies required by law, and shall survive the expiration of this Agreement for the time period mentioned above. 7. TAXES: Contractor shall pay all license, sales, consumer, use and other similar taxes for the Work or portions thereof provided by Contractor which are legally enacted at the time bids are received whether or not yet effective or subsequently applicable due to acts of jurisdictions or bodies other than City. 8. PERMITS & FEES: Unless otherwise provided in the Contract Documents, Contractor shall secure and pay for all permits, government fees, licenses and inspections necessary for the proper execution and completion of Work which are customarily secured after execution of the contract and which are legally required. Contractor shall give all notices and comply with all laws, ordinances, rules, regulations and lawful orders of any public authority bearing on the performance of the Work. City permits for this Work will be provided to Contractor at no cost. Contractor represents and warrants that any license necessary to perform the Work under this Agreement is current and valid. Contractor understands that the activity described herein constitutes "doing business in the City of Apache Junction" and Contractor agrees to obtain a business license pursuant to Article 8- 2 of the Apache Junction City Code, Vol. I, and keep such license current during the term of this Agreement and after termination of this Agreement any time Work is performed pursuant to the warranty provisions set forth in Section 6. Contractor also acknowledges that the tax provision of the Apache Junction Tax Code, Chapter 8A, may also apply and if so, shall obtain a transaction privilege license and/or other licenses as may be required by the city code. Any activity by subcontractors within the corporate city limits will invoke the same licensing regulations on any subcontractors, and Contractor ensures its subcontractors will obtain any and all applicable licenses. Further, Contractor agrees to pay all applicable privilege and use taxes that are applicable to the activities, products and services provided under this Agreement. 9. INDEPENDENT CONTRACTOR: Contractor shall at all times during Contractor's performance of the services retain Contractor's status as an independent Contractor. Contractor's employees shall under no circumstances be considered or held to be employees or agents of City, and City shall have no obligation to pay or withhold state or federal taxes, or provide workers' compensation or unemployment insurance for or on behalf of them or Contractor. Contractor shall supervise and direct the delivery of the materials using its best skill and attention. Except as provided in this Agreement, Contractor shall be solely responsible for all means, methods, techniques, sequences and procedures, and for coordinating all portions of the Work required by the contract documents. 3 Contractor shall be responsible to City for the acts and omissions of its employees. 10. INDEMNIFICATION: To the fullest extent permitted by law, Contractor shall defend, indemnify and hold harmless City, its elected and appointed officers, officials, agents, and employees from and against any and all liability including but not limited to demands, claims, actions, fees, costs and expenses, including reasonable attorney and expert witness fees,arising from,or alleged to have arisen from, relating to, arising out of, or alleged to have resulted from the acts, errors, mistakes, omissions, Work or services of Contractor, its agents, employees,or any tier of Contractor's subcontractors in the performance of this Agreement, but only to the extent caused by the negligence, recklessness or intentional wrongful conduct of Contractor or its subcontractors in the performance of the Work under this Agreement or any subcontract. Contractor's duty to defend, hold harmless and indemnify City, its special districts, elected and appointed officers, officials, agents, and employees shall arise in connection with any claim, damage, loss or expense that is attributable to bodily injury, sickness, disease, death, or injury to, impairment, or destruction of property including loss of use resulting therefrom, caused by an Contractor's acts, errors, mistakes, omissions, work or services in the performance of this Agreement including any employee of Contractor, any tier of Contractor's subcontractor or any other person for whose acts, errors, mistakes, omissions, Work or services Contractor may be legally liable, but only to the extent caused by the negligence, recklessness or intentional wrongful conduct of Contractor or any tier of Contractor's subcontractors or any other person for whose acts, errors, mistakes, omissions, Work or services Contractor may be legally liable in the performance of the Work under this Agreement or subcontract. The amount and type of insurance coverage requirements set forth herein will in no way be construed as limiting the scope of the indemnity in this paragraph. The rights and obligations under this Section shall survive termination of this Agreement. 11. ENFORCED DELAYS(FORCE MAJEURE): Neither City nor Contractor, as the case may be, shall be considered not to have performed its obligations under this Agreement in the event of enforced delay (an "Enforced Delay") due to causes beyond its control and without its fault or negligence or failure to comply with applicable laws, including, but not restricted to, acts of God, fires, floods, epidemics, pandemics, quarantine, restrictions, embargoes, labor disputes, and unusually severe weather or the delays of subcontractors or materialmen due to such causes, acts of a public enemy, war, terrorism or act of terror (including but not limited to bio-terrorism or eco-terrorism), nuclear radiation, blockade, insurrection, riot, labor strike or interruption, extortion, sabotage, or similar occurrence or any exercise of the power of eminent domain of any governmental body on behalf of any public entity, or a declaration of moratorium or similar hiatus (whether permanent or temporary) by any public entity directly affecting the Project. In no event will Enforced Delay include any delay resulting from unavailability for any reason of labor shortages, or the unavailability for any reason of particular consultants, subcontractors, vendors or investors desired by 4 Contractor in connection with the Project. Contractor agrees that Contractor alone will bear all risks of delay which are not Enforced Delay. In the event of the occurrence of any such Enforced Delay, the time or times for performance of the obligations of the Party claiming delay shall be extended for a period of the Enforced Delay; provided, however, that the Party seeking the benefit of the provisions of this Section shall, within thirty (30) calendar days after such Party knows or should know of any such Enforced Delay,first notify the other Party of the specific delay in writing and claim the right to an extension for the period of the Enforced Delay; and provided further that in no event shall a period of Enforced Delay exceed ninety (90) calendar days. 12. GOVERNING LAW AND VENUE: The terms and conditions of this Agreement shall be governed by and interpreted in accordance with the laws of the State of Arizona. Any action at law or in equity brought by either Party for the purpose of enforcing a right or rights provided for in this Agreement, shall be tried in a court of competent jurisdiction in Pinal County, State of Arizona. The Parties hereby waive all provisions of law providing for a change of venue in such proceeding to any other county. In the event either Party shall bring suit to enforce any term of this Agreement or to recover any damages for and on account of the breach of any term or condition in this Agreement, it is mutually agreed that the prevailing party in such action shall recover all costs including: all litigation and appeal expenses, collection expenses, reasonable attorney fees, necessary witness fees and court costs to be determined by the court in such action. 13. INSURANCE: Contractor, at its own expense, shall purchase and maintain the minimum insurance and other additional requirements set forth herein. All insurance required herein shall be maintained in full force and effect until all work or service required to be performed under the terms of the Agreement is satisfactorily completed and formally accepted; failure to do so may, at the sole discretion of City constitute a material breach of this Agreement. Contractor's insurance shall be primary insurance as respect to City, and any insurance or self-insurance maintained by City shall not contribute to it. Any failure to comply with the claim reporting provisions of the insurance policies or any breach of an insurance policy warranty shall not affect coverage afforded under the insurance policies to protect City. The insurance policies, except Workers' Compensation, shall contain waiver of transfer rights of recovery (subrogation) against City, its agents, officers, officials and employees for any claims arising out of Contractor's acts, errors, mistakes, omissions, work or services. The insurance policies may provide coverage which contains deductibles or self- insured retentions. Such deductible and/or self-insured retentions shall not be 5 applicable with respect to the coverage provided to City under such policies. Contractor shall be solely responsible for the deductible and/or self-insured retention and City, at its option, may require Contractor to secure payment of such deductibles or self-insured retentions by a Surety Bond or an irrevocable and unconditional letter of credit. City reserves the right to request and to receive within ten (10) working days, certified copies of any or all of the herein required insurance policies and/or endorsements. City shall not be obligated, however, to review same or to advise Contractor of any deficiencies in such policies and endorsements,and such receipt shall not relieve Contractor from, or be deemed a waiver of City's right to insist on strict fulfillment of Contractor's obligations under this Agreement. The insurance policies, except Workers' Compensation, required by this Agreement, shall name City, its agent, officers, officials and employees as additional insured parties. REQUIRED COVERAGE Commercial General Liability Contractor shall maintain Commercial General Liability insurance with a limitof not less than $1,000,000 for each occurrence with a $2,000,000 Products/Completed Operations Aggregate and a$2,000,000 General Aggregate Limit. The policy shall include coverage for bodily injury, broad form property damage, personal injury, products and completed operations and blanket contractual coverage including, but not limited to,the liability assumed under the indemnification provisions of this Agreement which coverage will be at least as broad as Insurance Service Office, Inc. Policy Form CG 00011-93 or the equivalent thereof. In addition, automobile liability coverage of at least$1 million per occurrence or a combined single limit of at least $1,000,000 is required. The auto liability policy should contain endorsements for hired autos, non-owned autos and scheduled vehicles, as applicable to the Contractor's business. Such policy shall contain a severability of interest provision,and shall not contain a sunset provision or commutation clause, nor any provision which would serve to limit third party action over claims. The Commercial General Liability additional insured endorsement shall be at least as broad as the Insurance Service Office Inc.'s Additional Insured, Form CG 20101185, or the equivalent thereof, and shall include coverage for Contractor's operations and products and completed operations. If required by this Agreement, if Contractor sublets any part of the work, services or operations, Contractor shall purchase and maintain, at all times during prosecution of the work, services or operations under this Agreement, City and 6 Contractor's Protective Liability insurance policy for bodily injury and property damage, including death, which may arise in the prosecution of the Contractor's work, service or operations under this Contract. Coverage shall be on an occurrence basis with a limit not less than $1,000,000 per occurrence, and the policy shall be issued by the same insurance company that issues Contractor's General Liability insurance. Workers' Compensation (Not Applicable to Sole Proprietorships) Contractor shall carry Workers' Compensation insurance to cover obligations imposed byfederal and state statutes having jurisdiction of Contractor's employees engaged in the performance of the work or services; and Employer's Liability insurance of not less than $100,000 for each accident, $100,000 disease for each employee, and $500,000 disease policy limit. In case any work is subcontracted, Contractor will require subcontractor to provide Workers' Compensation and Employer's Liability to at leastthe same extent as required of Contractor. CERTIFICATE OF INSURANCE Prior to commencing work or services under this Agreement, Contractor shall furnish the City with Certificates of Insurance, orformal endorsements as required by Agreement, issued by Contractor's insurer(s), as evidence that policies providing the required coverages, conditions and limits required by this Agreement are in full force and effect. In the event any insurance policies required by this Agreement are written on a "claims made" basis, coverage shall extend for two (2) years past completion and acceptance of the Contractor's work or services and as evidenced by annual Certificates of Insurance, to be filed with the City Clerk of City. If a policy does expire during the life of the Agreement, a renewal certificate must be sent to City thirty (30) calendar days prior to the expiration date. All Certificates of Insurance shall be identified with bid serial number and title. Insurance required herein shall not expire, be canceled, or materially changed without thirty (30) calendar days' prior written notice to City. 14. CHANGE ORDERS: A change order is a written order to Contractor, approved by a City representative, issued after execution of this construction agreement authorizing a change in the Work or an adjustment in the construction agreement sum or the construction agreement time. A change order signed by Contractor indicates his agreement therewith. City may, without invalidating this construction agreement, order changes in the Work within the general scope of this construction agreement consisting of additions, deletions or other revisions, the 7 construction agreement sum and the construction agreement being adjusted accordingly. All such changes in the Work shall be authorized by Change Order and shall be performed under the applicable conditions of this construction agreement. City representative shall have authority to order minor changes in the Work not involving an adjustment in the construction agreement sum or extension of construction agreement time and not inconsistent with the intent of this construction agreement. All such changes shall be effected by written order and shall be binding upon City and Contractor. 15. SUCCESSORS, ASSIGNMENT & DELEGATION: City and Contractor each bind themselves, their partners, successors, assigns and legal representatives to the other party hereto and to the partners, successors, assigns and legal representatives of such other party in respect to all covenants, agreements and obligations contained in the Contract Documents. Neither party to the contract shall assign the contract or sublet it as a whole or delegate the duties hereunder without the written consent of the other, nor shall Contractor assign any monies due or to become due to or to become due to it without the previous written consent of City. 16. WRITTEN NOTICE: Written notice shall be deemed to have been duly served if delivered in person to the individual or member of the firm or entity, or to an office of the corporation for whom it was intended or if delivered at or sent registered or certified mail, return receipt requested, and first class postage prepaid to the last business address known to them who gives the notice. 17. SAFETY: Contractor and/or its subcontractors shall be solely responsible for job safety at all times. 18. RIGHTS & REMEDIES: The duties and obligations imposed by the contract documents and the rights and remedies available hereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available bylaw. No action or failure to act by City or Contractor shall constitute a waiver of any right or duty afforded any of them under the contract, nor shall any action or failure to act constitute an approval of or an acquiescence to any breaches hereunder except as may be specifically agreed to in writing. 19. PAYMENT & PERFORMANCE BONDS: City shall have the right to require Contractor to furnish bonds covering the faithful performance of the contract and the payment of all obligations arising hereunder. 20. TERMINATION OF CONTRACT: If, for any reason, Contractor shall fail to fulfill in a timely and proper manner his/her obligations under the contract, or if Contractor shall violate any of the covenants, agreements, or stipulations of the contract, City shall thereupon have the right to terminate the contract by giving written notice to Contractor of such termination and specifying the effective date thereof. 8 Notwithstanding the above, Contractor shall not be relieved of liability to City for damages sustained by City by virtue of any breach of the contract by Contractor. City may terminate the contract at any time by giving at least twenty-four(24) hours notice in writing to Contractor. If the contract is terminated by City as provided herein, Contractor will be paid for the time expended and expenses incurred up to the termination date. 21. APPEALS: All contractual grievances shall be submitted in writing to City Manager within five (5) calendar days after the difference of opinion or grievance occurs relating to any of the provisions of the terms of this Agreement. Within five (5) calendar days of receiving a written grievance, the City Manager shall respond in writing to the company. The City Manager's decision shall be final and binding, subject only to a further appeal in the Pinal County Superior Court pursuant to A.R.S. § 12-901, et seq. 22. RECORDS: Records of Contractor's labor, payroll and other costs pertaining to this Agreement shall be kept on a generally recognized accounting basis and made available to City for inspection on request. Contractor shall maintain records for a period of at leastthree (3)years after termination of this Agreement, and shall make such records available during that retention period for examination or audit by City personnel during regular business hours. 23. AMENDMENT: It is mutually understood and agreed that no alteration or variation of the terms and conditions of this Agreement shall be valid unless made in writing and signed by the parties hereto, and that oral understandings or agreements not incorporated herein shall not be binding on the parties. 24. ENTIRE AGREEMENT: This Agreement and any attachments represent the entire agreement between City and Contractor and supersede all prior negotiations, representations or agreements, either express or implied, written or oral. It is mutually understood and agreed that no alteration or variation of the terms and conditions of this Agreement shall be valid unless made in writing and signed by the parties hereto. Written and signed amendments shall automatically become part of the supporting documents, and shall supersede any inconsistent provision therein; provided, however, that any apparent inconsistency shall be resolved, if possible, by construing the provisions as mutually complementary and supplementary. 25. SEVERABILITY: City and Contractor each believe that the execution,delivery and performance of this Agreement are in compliance with all applicable laws. However, in the unlikely event that any provision of this Agreement is declared void or unenforceable (or is construed as requiring City to do any act in violation of any applicable laws, including any constitutional provision, law, regulation, or city code), such provision shall be deemed severed from this Agreement and this 9 Agreement shall otherwise remain in full force and effect; provided that this Agreement shall retroactively be deemed reformed to the extent reasonably possible in such a manner so that the reformed agreement (and any related agreements effective as of the same date) provide essentially the same rights and benefits (economic and otherwise) to the Parties as if such severance and reformation were not required. Unless prohibited by applicable laws, the Parties further shall perform all acts and execute, acknowledge and/or deliver all amendments, instruments and consents necessary to accomplish and to give effect to the purposes of this Agreement, as reformed. 26. TIME IS OF THE ESSENCE: Time is of the essence with respect to all provisions in this Agreement. Any delay in performance by either Party shall constitute a material breach of this Agreement. 27. CONFLICT OF INTEREST: This Agreement is subject to, and may be terminated by City in accordance with, the provisions of A.R.S. § 38-511. 28. PROHIBITION TO CONTRACT WITH CONTRACTORS WHO ENGAGE IN BOYCOTT OF THE STATE OF ISRAEL: The Parties acknowledge A.R.S. §§ 35-393 through 35-393.03, as amended,which forbids public entities from contracting with Contractors who engage in boycotts of the State of Israel. Should Contractor under this Agreement engage in any such boycott against the State of Israel, this Agreement is automatically terminated. Any such boycott is a material breach of contract and will subject Contractor to monetary damages, including but not limited to, consequential and liquidated damages. 29. CERTIFICATION PURSUANT TO A.R.S. §35-394. In accordance with Arizona Revised Statutes§ 35-394, Contractor hereby certifies and agrees that Contractor does not currently and shall not for the duration of this Agreement use: 1) the forced labor of ethnic Uyghurs in the People's Republic of China, 2)any services or goods produced by the forced labor of ethnic Uyghurs in the People's Republic of China, and/or 3) any suppliers, contractors or subcontractors that use the forced labor or any services or goods produced by the forced labor of ethnic Uyghurs in the People's Republic of China. If Contractor becomes aware during the term of this Agreement that Contractor is not in compliance with this Section, then Contractor shall notify the City within five (5) business days after becoming aware of such noncompliance. If Contractor does not provide the City with written certification that Contractor has remedied such noncompliance within one hundred eighty (180) days after notifying the City of such noncompliance, this Agreement shall terminate, except that if the Agreement termination date occurs before the end of such one hundred eighty (180) day remedy period, this Agreement shall terminate on such contract termination date. 30. COMPLIANCE WITH FEDERAL AND STATE LAWS: Contractor understands and acknowledges the applicability of the American with Disabilities Act, the Immigration Reform and Control Act of 1986 and the Drug Free Workplace Act of 10 1989 to the services performed under this Agreement. As required by A.R.S. § 41-4401, Contractor hereby warrants its compliance with all federal immigration laws and regulations that relate to its employees and A.R.S. §23-214(A). Contractor further warrants that after hiring an employee, Contractor will verify the employment eligibility of the employee through the E-Verify program. If Contractor uses any subcontractors in performance of services,subcontractors shall warrant their compliance with all federal immigration laws and regulations that relate to its employees and A.R.S. § 23-214(A), and subcontractors shall further warrant that after hiring an employee, such subcontractor verifies the employment eligibility of the employee through the E-Verify program. A breach of this warranty shall be deemed a material breach of the Agreementthat is subjectto penalties up to and including termination of this Agreement. Contractor is subject to a penalty of $100 per day for the first violation, $500 per day for the second violation, and $1,000 per day for the third violation. City at its option may terminate this Agreement after the third violation. Contractor shall not be deemed in material breach of this Agreement if Contractor and/or subcontractors establish compliance with the employment verification provisions of Sections 274A and 274B of the federal Immigration and Nationality Act and the E-Verify requirements contained in A.R.S. § 23-214(A). City retains the legal right to inspect the papers of any Contractor or subcontractor employee who works under this Agreement to ensure that Contractor or subcontractor is complying with the warranty. Any inspection will be conducted after reasonable notice and at reasonable times. If state law is amended, the Parties may modify this paragraph consistent with state law. 31. COOPERATIVE USE OF CONTRACT: City has entered into various cooperative purchasing agreements with other Arizona government agencies, including the Strategic Alliance for Volume Expenditures"SAVE"cooperative. This contract may be extended for use by other municipalities, school districts and government agencies in the State of Arizona with the approval of Contractor. Any such usage by other entities must be in accordance with the statutes, codes, ordinances, charter and/or procurement rules and regulations of the respective government agency. Orders placed by other agencies and payment thereof will be the sole responsibility of that agency. City shall not be responsible for any disputes arising out of transactions made by others. 11 IN WITNESS WHEREOF the parties hereto have caused this Agreementto be signed by their duly authorized representative as of this day of , 20 . CONTRACTOR: PRIMARY CONSTRUCTION INC., an Arizona corporation By: Title: CITY: CITY OF APACHE JUNCTION, an Arizona municipal corporation By: Walter "Chip" Wilson Title: Mayor ATTEST: Yvette McKinney, City Clerk APPROVED AS TO FORM: Richard J. Stern City Attorney 12 STATE OF ) ) ss. COUNTY OF ) The foregoing was subscribed and sworn to before me this day of , 20 , by as of PRIMARY CONSTRUCTION INC., an Arizona corporation. Notary Public My Commission Expires: STATE OF ARIZONA ) ) ss. COUNTY OF PINAL ) The foregoing was subscribed and sworn before me this day of , 20 , by Walter "Chip" Wilson, as Mayor of the City of Apache Junction, Arizona, an Arizona municipal corporation. Notary Public My Commission Expires: 13 EXHIBIT A COST PROPOSAL 14 EXHIBIT C COST PROPOSAL PROJECT NO. P&R PP DRAINAGE 2024-008 FIRM: PRIMARY CONSTRUCTION, INC. ADDRESS: _2656_ E ENCANTO ST., MESA, AZ 85213 _ TELEPHONE: (480) 735-9853 Fax N/A BASE BID DESCRIPTION OF SERVICES QUANTITY UNIT UNIT TOTAL PRICE COST REMOVE EXISTING 49"X33" HORIZONTAL LF 1 ARCH CMP 23 43.49 1,000.27 REMOVE EXISTING 71"X47" HORIZONTAL LF 2 ARCH CMP 41 45.04 1,846.64 3 REMOVE CONCRETE SIDEWALK 1555 SF 8.38 13,030.90 4 REMOVE SAFETY RAILING 60 LF 10.30 618.00 5 REMOVE CONCRETE HEADWALL 60 LF 78.13 4,687.80 6 REMOVE ROCK HEADWALL 58 LF 68.66 3,982.28 7 FURNISH AND INSTALL CONCRETE 1323 SF 12.14 16,061.22 SIDEWALK FURNISH AND INSTALL SAFETY RAILING LF 8 PER MAG STD DTL 145 12fi 68.13 8,584.38 9 FURNISH AND INSTALL HANDRAIL 97 LF 68.13 6,608.61 10 FURNISH AND INSTALL NEW 3'X8' 12 LF 906.46 10,877.52 REINFORCED CONCRETE BOX CULVERT 11 FURNISH AND INSTALL NEW 3'X6' 40 LF 887.88 35,515.20 REINFORCED CONCRETE BOX CULVERT FURNISH AND INSTALL 3' X 6' BOX EA 12 CULVERT OUTLET WING WALL PER ADOT 1 26,117.02 26,117.02 DTL 6.08 1 OF 8). TOP SLOPE 2:1 FURNISH AND INSTALL 3' X 6' BOX EA 13 CULVERT INLET WING WALL PER ADOT 1 26,117.02 26,117.02 DTL6.08 3 OF 8). TOP SLOPE 2:1 14 FURNISH AND INSTALL STRAIGHT TYPE 1 EA 28,593.94 28,593.94 INLET HEADWALL 14 DESCRIPTION OF SERVICES QUANTITY UNIT UNIT TOTAL PRICE COST 15 FURNISH AND INSTALL STRAIGHT TYPE 1 EA 29,832.41 29,832.41 OUTLET HEADWALL 16 FURNISH AND INSTALL#5 REBAR DOWEL 45 EA 106.76 4,804.20 17 SCARIFY TOP OF BOX CULVERT 240 SF 2.37 568.80 18 LOOSE ANGULAR RIPRAP, D50 = 12" 482 CY 188.18 90,702.76 19 MOBILIZATION 1 LS 116,229.52 16,229.52 20 CONTRACTOR QA/QC TESTING 1 LS 5,677.88 5,677.88 21 PERMITS AND EROSION CONTROL 1 LS 11,355.75 11,355.75 TOTAL BASE LUMP SUM BID $ 342,812.12 Three hundred forty-two thousand, eight hundred twelve dollars and twelve cents. Total Base Lump Sum Bid in Words Date 1/15/2025 Signature Paul Wirth Title President BID ALTERNATE 1 DESCRIPTION OF SERVICES QUANTITY UNIT UNIT TOTAL COST PRICE 1 SAWCUT PAVEMENT 112 LF 11.94 1,337.28 2 REMOVE ASPHALTIC CONCRETE 69 SY 22.89 1,579.41 PAVEMENT 3 REMOVE EXISTING 42" CMP 130 LF 27.25 3,542.50 4 IREMOVE EXISTING CONCRETE CURB 20 LF 11.44 228.80 5 REMOVE WOODEN SAFETY POSTS 13 EA 57.22 743.86 6 REMOVE CONCRETE SCUPPER 1 EA 457.75 457.75 7 ASPHALTIC CONCRETE PAVEMENT, 3" 69 SY 168.29 11,612.01 DEPTH 15 DESCRIPTION OF SERVICES QUANTITY UNIT UNIT TOTAL COST PRICE 8 AGGREGATE BASE COURSE, 6', DEPTH 69 SY 64.84 4,473.96 9 FURNISH AND INSTALL CONCRETE CURB 20 LF 25.06 501.20 10 FURNISH AND INSTALL SAFETY RAILING 54 LF 68.13 3,679.02 PER MAG STD DTL 145 11 FURNISH AND INSTALL CONCRETE 11 LF 296.99 3,266.89 SCUPPER WITH GROUTED RIPRAP BASE 12 FURNISH AND INSTALL NEW 3'X8' 68 LF 906.46 61,639.28 REINFORCED CONCRETE BOX CULVERT FURNISH AND INSTALL 3' X 8' BOX EA 13 CULVERT OUTLET WING WALL PER ADOT 1 26,117.02 26,117.02 DTL 6.08 1 OF 8). TOP SLOPE 2:1 FURNISH AND INSTALL 3' X 8' BOX EA 14 CULVERT INLET WING WALL PER ADOT 1 26,117.02 26,117.02 DTL6.08 3 OF 8). TOP SL 15 ILOOSE ANGULAR RIPRAP, D50 = 12" 134 CY 180.40 24,173.60 TOTAL ALTERNATE 1 LUMP SUM BID $ 169,469.60 One hundred sixty-nine thousand, four hundred sixty-nine dollars and sixty cents. Total Alternate 1 Lump Sum Bid in Words �-° Date 1/15/2025 Signature Paul Wirth Title President Printed Name 16 PROSPECTOR PARK DRAINAGE REVISION PROJECT - PARKS & RECREATION February 3rd , 2025 I M. T PTPT:T:T 1k 0"a, Do]I Combs Construction $747, 124 . 00 304, 409 . 00 $ 1, 051, 533 . 00 Co . Inc. Bider Neve LLC $343,484 . 00 216,039 . 00 $559, 523 . 00 Scholz Contracting LLC $450, 304 . 00 238,1003 . 00 $6881307 . 00 Primary Construction $342, 812 . 12 169,1469 . 60 $5121281 . 72 Inc. Li LiLl Ll PILL A �' • p AA �. LIGH XI, FLELDS i / TB ALL pil f • ' r . A • lJ t .. - _ . A.firl �i AAA too A. / r lop � • 3 win, Ja Pill • �. ICA Aw • j � Ov IV Base Bi Add Alternate f •�► • . # 0 . 4.0 U. STAFF RECOMMENDATION : Staff recommends award of contract to Primary Construction for Base Bid in the amount of $ 342 , 81212 with a 5 % owners ' contingency of $ 17, 140 , 61 for a contract total of $ 359 , 952 , 73 , This item will come back in two weeks for final award of contract . QUESTIONS ? ►P�"E�c�, City of Apache Junction, Arizona 300 E Superstition Boulevard � 0 Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No.4. 'Piz File ID: 25-041 Sponsor: Chip Wilson Agenda Date: 2/3/2025 Index: In Control: City Council Work Session Discussion on proposed lengthening of the term for the Office of the Mayor to 4 years. City of Apache Junction,Arizona Page 1 Printed on 112912025 CHAPTER 2: MAYOR, COUNCIL, AND APPOINTED BOARDS AND COMMISSIONS Article 2-1. COUNCIL 2-2. MAYOR 2-3. COUNCIL ELECTION 2-4. COUNCIL PROCEDURE 2-5. ORDINANCES, RESOLUTIONS AND COUNCIL ACTIONS 2-6. [RESERVED] 2-7. LIBRARY BOARD 2-8. PARKS AND RECREATION COMMISSION 2-9. PUBLIC ART COMMISSION 2-10. INDEMNIFICATION OF OFFICERS, EMPLOYEES AND COUNCIL MEMBERS 2-11. HEALTH AND HUMAN SERVICES COMMISSION 2.12. [RESERVED] 2-13. FINANCIAL DISCLOSURE 2-14. REQUESTS FOR FINANCIAL ASSISTANCE 2-15. INDUSTRIAL DEVELOPMENT AUTHORITY 2-16. EMERGENCY POWERS AND AUTHORITY 2-17. [RESERVED] 2-18. [RESERVED] 2-19. [RESERVED] 2-20. [RESERVED] 2-21. BOARD OF ADJUSTMENT AND APPEALS/MUNICIPAL PROPERTY CORPORATION/PUBLIC SAFETY PERSONNEL RETIREMENT BOARD 2-22. PLANNING AND ZONING COMMISSION ARTICLE 2-1: COUNCIL Section 2-1-1 Elected officers 2-1-2 Corporate powers 2-1-3 Duties of office 2-1-4 Vacancies in Council 2-1-5 Compensation 2-1-6 Oath of office 2-1-7 Bond §2-1-1 ELECTED OFFICERS. (A) The elected officers of the city shall be a Mayor and 6 Council members. The Mayor and Council members shall constitute the Council and shall continue in office until assumption of duties of office by their duly elected successors. (B) The term of Office of the Mayor shall be 2 years, but nothing in this section precludes such person from serving as Mayor for more than one 2-year term after successive elections. (C) Council members shall serve 4-year overlapping terms as in the case of the office of the Mayor, Council members are not limited to serving only one 4-year term. (Prior Code, §2-1-1)