HomeMy WebLinkAbout2024 03.18 City Council Work Session Agenda 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
Monday, March 18,2024 7:00 PM City Council Chambers
A. CALL TO ORDER
B. ROLL CALL
C. AGENDA ITEMS
1. 24-122 Presentation and discussion on award of contract to Econosmart
Property Services LLC, dba Signature Projects for Artificial Turf at the
Superstition Shadows Aquatic Center RFB Project No. P&R 2024-002
in an amount not to exceed $93,183.75.
Sponsors. Liz Langenbach
Attachments: Memo City Council Turf
Artificial Turf Contract-Econosmart Property Services dba Sign,
2. 24-126 Presentation and discussion of Case P-23-14-AM, a proposed text
amendment to the Apache Junction City Code, Volume ll, Land
Development Code, Chapter 1: Zoning Ordinance, Article 1-6:
Supplemental Regulations, Section 1-6-3, Fences and Walls; and
Article 1-8: Landscape Regulations, Section 1-8-6, Landscape
Standards; and Apache Junction City Code, Volume I, Apache
Junction, Arizona City Code, Chapter 9: Health and Sanitation, Article
9-1: Property Maintenance Standards, Section 9-1-2, Definitions.
Sponsors: Kelsey Schattnik
Attachments: P-23-14-AM CC WS Memo
1-6-3 Fences and Walls(Current)
1-6-3 Fences and Walls(2.21.24)- EDITED
1-6-3 Fences and Walls(2.21.24)-CLEAN
3. 24-141 Presentation and discussion on the purchase of one additional 2023
Ford F-150 Super Crew 4x4 long bed for the Public Works Department
using Highway User Revenue Funds (HURF) in an amount not to
exceed $54,724.28. The purchase would be through the State of
Arizona Cooperative Contract#CTR059323 with San Tan Ford.
Sponsors: Ted Wolff
Attachments: City Council Memo-Additional Vehicle 3-18-24
City of Apache Junction,Arizona Page 1 Printed on 311412024
City Council Work Session Agenda March 18,2024
4. 24-142 Presentation and discussion on Ordinance No. 1548 and Resolution
24-11 related to Case P-23-119-PZ, a proposed planned development
rezoning requested by Frances McGregor of Phoenix Metro Towing to
rezone Parcels 102-20-014C & 102-20-014D, approximately 5 gross
acres currently zoned General Rural Low Density Single-Family
Detached Residential("RS-GR")and Industrial by Planned
Development("B-5/PD")to Industrial by Planned Development
("B-5/PD")with a new planned development overlay to authorize the
development of an office and tow yard.
Sponsors: Nicholas Leftwich
Attachments: P-23-119-PZ CC-MEMO
P-23-119-PZ Staff Report
Draft Ordinance No. 1548
Draft Resolution No. 24-11
LEGAL DESCRIPTIONS AND ZONING CONDITIONS OF CAS
5. 24-144 Presentation and discussion of Ordinance No.1546, approving a text
amendment to the Apache Junction City Code, Volume II, Land
Development Code, Chapter 1: Zoning Ordinance, Article 1-17: §
1-17-1 Definitions, Recreational Vehicle; repealing any conflicting
provisions; and providing for severability.
Sponsors: Erika Hernandez
Attachments: Ordinance 1546
P-23-127-AM Staff Report 2-27-24
P-23-127-AM CC Staff Memo
Redlined-2024 Amendments to Article 1-17 Definitions-Recre
2024 Amendments to Article 1-17 Definitions-Recreational Vet
6. 24-149 Presentation and discussion of Resolution No. 24-12 authorizing the
city to terminate the agreement with Maricopa Regional 911 and to
apply for and accept a reimbursement grant for costs associated with
AT&T Telecommunications for equipment, maintenance and operation
of the City of Apache Junction Public Safety Answering Point.
Sponsors: Michael Pooley
Attachments: Resolution No.24-12 911 Services
Apache Junction 911 Quote-9-21-23 v 4.3
City of Apache Junction,Arizona Page 2 Printed on 311412024
City Council Work Session Agenda March 18,2024
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 3 Printed on 311412024
►P�"E�c�, City of Apache Junction, Arizona 300 E Superstition
Boulevard
� 0 Agenda Item Cover Sheet Apache Junction,AZ
85119
Agenda Item No. 1.
'+PizoN* File ID: 24-122
Sponsor: Liz Langenbach Agenda Date: 3/18/2024
Index: In Control: City Council Work Session
Presentation and discussion on award of contract to Econosmart Property Services LLC, dba
Signature Projects for Artificial Turf at the Superstition Shadows Aquatic Center RFB Project
No. P&R 2024-002 in an amount not to exceed $93,183.75.
City of Apache Junction,Arizona Page 1 Printed on 311412024
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City of Apache Junction
Home of the Superstition Mountains
DATE: March 18, 2024
TO: Mayor and City Council
THROUGH: Bryant Powell, City Manager
Matt Busby, Assistant City Manager
FROM: Liz Langenbach, Parks & Recreation Director
Kimberly Heldt, Purchasing Administrator
SUBJECT: Superstition Shadows Aquatic Center Artificial Turf RFB Project No. P&R 2024-
002
Converting the natural turf to artificial turf will reduce water usage and enhance the
appearance of the facility. The artificial turf will reduce maintenance requirements and
help rid the facility of gophers, rate and ground squirrels that tunnel and live in the
existing natural turf causing damage to irrigation lines and electrical wires as well as
creating holes and tunnels in the grass that are a tripping hazard.
The City issued a Request for Proposals on November 8, 2023, and received one
nonresponsive response. On December 19, 2023, City Council approved the rejection of
that bid. On January 25, 2024, City issued a Request for Bids for artificial turf. The City
received two bids:
Econosmart Property Services, LLC dba Signature Projects $93,183.75
Scholtz Contracting, LLC $102,713.85
Staff requests awarding the contract to Econosmart Property Services, LLC dba Signature
Projects in an amount not to exceed $93,183.75.
CITY OF APACHE JUNCTION AGREEMENT FOR
ARTIFICIAL TURF FOR SUPERSTITION SHADOWS AQUATIC CENTER
PROJECT NO. P&R 2024-002
THIS AGREEMENT made and entered into by and between the CITY OF
APACHE JUNCTION ("City"), an Arizona municipal corporation, and
ECONOSMART PROPERTY SERVICES, LLC dba SIGNATURE PROJECTS, 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
2024-002, 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 Statute 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 set
forth 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 2024-002 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 is an amount not to exceed Ninety-three Thousand One Hundred
Eighty-Three Dollars and Seventy-five cents($93,183.75) (the "Contract Sum")for
the performance of the Work under the Contract Documents except for changes
authorized by properly executed change orders. 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
April 2, 2024 through June 30, 2024.
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, other facilities and services necessary for the proper execution
and completion of the Work whether temporary or permanent,and whether or not
incorporated or to be incorporated in the Work.
6. 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)yearfrom 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 equipment for which warranties are required by the special
provisions of the Contract Documents, Contractor shall provide or secure from
the appropriate subcontractor or supplier such warranties addressed to and in
favor of City and deliver same to City prior to final acceptance of the Work.
Delivery of such warranties shall not relieve Contractor from any obligation
assumed under any other provision of the contract. The warranties and
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
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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. 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,
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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
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
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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 inequity 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
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
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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 limit of
not less than $1,000,000 for each occurrence with a $2,000,000
Products/Completed Operations Aggregate and a$2,000,000 General Aggregate
Limit. The policy shall include coverage for bodily injury, broad form property
damage, personal injury, products and completed operations and blanket
contractual coverage including, but not limited to,the liability assumed under the
indemnification provisions of this Agreement which coverage will be at least as
broad as Insurance Service Office, Inc. Policy Form CG 00011-93 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
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
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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 by federal and state statutes having jurisdiction of Contractor's
employees engaged in the performance of the work or services; and Employer's
Liability insurance of not less than$100,000 for each accident, $100,000 disease
for each employee, and $500,000 disease policy limit.
In case any work is subcontracted, Contractor will require subcontractor to
provide Workers' Compensation and Employer's Liability to at least the 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, or formal 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 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
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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 by law. No action or failure to act by City or Contractor shall
constitute a waiver of any right or duty afforded any of them under the contract,
nor shall any action or failure to act constitute an approval of or an acquiescence
to any breaches 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.
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.
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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, etseq.
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 least three (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 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
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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 notfor 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
1989 to the services performed under this Agreement.
As required by A.R.S. §41-4401, Contractor hereby warrants its compliance with
10
8
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 Agreement that is subject to 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.
IN WITNESS WHEREOF the parties hereto have caused this Ag Bement to
b signed by their duly authorized representative as of this day of
202q.
11
CONTRACTOR:
ECNOSMART PROPERTY SERVICES, LLC
dba SIGNATURE PROJECTS, an Arizona
limited liabili orporation
Y:'EyWiesse
Title. Vice President/CEO
CITY:
CITY OF APACHE JUNCTION, an Arizona
municipal corporation:
By: Walter"Chip"Wilson
Title: Mayor
ATTEST:
Jennifer Pena, City Clerk
APPROVED AS TO FORM:
3+2-4
Richard J. Stern
City Attorney
12
Notary Public State of Arizona
Maricopa County
r Guillermo Hernandez
STATE OF r z4 n A My Commission Number 5/2025\ ) Commission Number 813543
ss.
COUNTY OF Q�► )
The foregoing was subscribed and sworn to before me thisT
day of 4 rc h+ , 202A, by t- t -N Serve as VP of
ECNOSMART PROPERTY SERVICES, LLC dba SIGNATURE PROJECTS, an
Arizona limited liability corporation.
Notary Public
My Commission Expires:
qhS6S
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
PROJECT NO. P&R 2024-002
FIRM: Econosmart Property Services LLC dba Signature Projects
ADDRESS: 4720 E Van Buren St, Phoenix,AZ 85008
TELEPHONE: 480-744-5553 Fax 602-228-3841
BASE BID
DESCRIPTION OF SERVICES QUANTITY TOTAL
COST
1 Chemical treatment of turf 8,500 sq ft 2,500
2 Removal and disposal of existing turf 8,500 sq ft 20,000
3 T-cool Infill material 8,500 sq ft 10,000
4 Artificial turf min 80 ounce face weight 8,500 sq ft 23,000
5 Labor Per Hour 19,047
6
7
8
9 Cost Plus
% 120
TOTAL BASE LUMP SUM BID $93,183.75
Ninety-three thousand one hundred eighty-three dollars and seventy five cents
Total Base Lump Sum Bid in Words
Date Feb 20,2024
Signature
Everett Jesse Title Vice President/CFO
Printed Name
13
►P�"E�c�, City of Apache Junction, Arizona 300 E Superstition
Boulevard
� 0 Agenda Item Cover Sheet Apache Junction,AZ
85119
Agenda Item No.2.
'+PizoN* File ID: 24-126
Sponsor: Kelsey Schattnik Agenda Date: 3/18/2024
Index: In Control: City Council Work Session
Presentation and discussion of Case P-23-14-AM, a proposed text amendment to the Apache
Junction City Code, Volume Il, Land Development Code, Chapter 1: Zoning Ordinance, Article
1-6: Supplemental Regulations, Section 1-6-3, Fences and Walls; and Article 1-8: Landscape
Regulations, Section 1-8-6, Landscape Standards; and Apache Junction City Code, Volume I,
Apache Junction, Arizona City Code, Chapter 9: Health and Sanitation, Article 9-1: Property
Maintenance Standards, Section 9-1-2, Definitions.
City of Apache Junction,Arizona Page 1 Printed on 311412024
O� PQACHE /Gti
z City of Apache Junction
Development Services Department
'9RIZwA
Date : March 6, 2024
To: Honorable Mayor and City Council Members
Through: Bryant Powell, City Manager
Rudy Esquivias, Development Services Director
Sidney Urias, Planning Manager
From: Kelsey Schattnik, Senior Planner
Subject: March 18, 2024, City Council Work Session Item:
A proposed text amendment to the Apache Junction
City Code, Volume II, Land Development Code,
Chapter 1 : Zoning Ordinance, Article 1-6 :
Supplemental Regulations, Section 1-6-3, Fences and
Walls; Article 1-8 Landscape Regulations; and
Volume I, Apache Junction City Code, Volume I,
Apache Junction, Arizona City Code, Chapter 9 :
Health and Sanitation, Article 9-1 : Property
Maintenance Standards, Section 9-1-2, Definitions .
Background
On December 13, 2022, The Planning and Zoning Commission
directed staff to research and provide recommendations regarding
fence and wall materials .
On February 14, 2023, Staff presented a brief update to the
Commission. The update explained that Staff was looking into the
design guidelines of other municipalities . The focus was to
review the unpermitted materials in both commercial and
residential zoning districts, as well as looking into the
possibility of providing alternative guidelines for rural, horse
properties .
On January 23, 2024, Staff held a work session with the Planning
and Zoning Commission to discuss the proposed changes to Section
1-6-3 Fences and Walls . Staff received no questions regarding
the proposed changes from the Planning and Zoning Commission. As
such, no additional changes, outside of minor grammatical edits,
were made to the proposed text amendment as presented on January
23rd.
Text Amendment to Section 1-6-3 Fences and Walls-Case P-23-14-AM
March 18,2024-City Council Work Session
O� PQACHE�Gti
z City of Apache Junction
Development Services Department
9R/ZwA
Planning and Zoning Commission Recommendation
The Planning and Zoning Commission public hearing was held on
February 27, 2024 (Planning Staff Report and exhibits attached) .
The Commission voted unanimously to approve the proposed text
amendment. The attached draft text amendment, as well as the
details found within the Planning and Zoning Commission Staff
Report, represents Staff' s and the Commission' s recommendation.
Staff Recommendation
Staff recommends approval of the proposed text amendment case
P-23-14-AM.
Attachments :
• PZ Staff Report from February 27, 2024
• P-23-14-AM Draft Amendment to Apache Junction City Code, Volume II, Land
Development Code, Chapter 1: Zoning Ordinance, Article 1-6: Supplemental
Regulations, Section 1-6-3 Fences and Walls.
Text Amendment to Section 1-6-3 Fences and Walls-Case P-23-14-AM
March 18,2024-City Council Work Session
O� PQACHE✓G'L
n� 4
� z City of Apache Junction
Development Services Department
gRIZONP
PLANNING AND ZONING COMMISSION
DISCUSSION ITEM STAFF MEMO
DATE: February 27, 2024
TO: Planning and Zoning Commission
THROUGH: Rudy Esquivias, Development Services Director
Sidney Urias, Planning Manager
FROM: Kelsey Schattnik, Senior Planner
CASE NUMBER: P-23-14-AM
REQUEST: Presentation, discussion, public hearing and
consideration of a proposed Text Amendment to
the Apache Junction City Code, Volume II, Land
Development Code, Chapter 1 : Zoning Ordinance,
Article 1-6: Supplemental Regulations, Section
1-6-3, Fences and Walls; Article 1-8 Landscape
Regulations; and Volume I, Apache Junction City
Code, Volume I, Apache Junction, Arizona City
Code, Chapter 9: Health and Sanitation, Article
9-1 : Property Maintenance Standards, Section 9-
1-2, Definitions.
WORK SESSION
Staff held a work session on January 23, 2024 with the Planning and
Zoning Commission to discuss the proposed changes to Section 1-6-3
Fences and Walls.
Staff received no questions regarding the proposed changes from the
Planning and Zoning Commission. As such, no additional changes,
outside of minor grammatical edits, were made to the proposed text
amendment as presented on January 23ra
BACKGROUND
On December 13, 2022, The Planning and Zoning Commission directed staff
to research and provide recommendations regarding fencing and wall
materials .
On February 14, 2022, Staff presented a brief update to the Commission.
The update explained that Staff was looking into the design guidelines
Planning and Zoning Commission Staff Report
Case P-23-14-AM-February 27,2024
1
of other municipalities. The focus was to look into the unpermitted
materials in both commercial and residential zoning districts, as well
as looking into the possibility of providing alternative guidelines for
rural, horse properties .
Staff reviewed a variety of Fences/Wall codes throughout the Phoenix
area including Avondale, Buckeye, Casa Grande, Chandler, Marana, Mesa,
Phoenix, Tempe, and Queen Creek.
A few key points were discovered throughout the research phase:
1 . The types of prohibited materials within our existing code were
consistent with other municipalities.
2 . Other municipalities provided specific/alternate regulations for
rural properties.
Based on these findings, Staff is proposing the following updates to
Section 1-6-3 Fences and Walls:
Reorganization of Chapter Language
The code language has now been organized into five (5) Sections :
A. General Requirements and Maintenance in All Zoning Districts
B. Prohibited Fencing in All Zoning Districts
C. Single-Family Residential Zoning Districts
D. Non-Residential and Multi-Family Zoning Districts
E. Non-Conforming Fences
Staff believes this change will provide a better clarification for both
residents and developers, while helping to reduce redundancy within our
current code.
All Zoning Districts
Language was added to the code to provide standard maintenance
requirements in all zoning districts, clarification on the location of
fences/wall in relation to easements, as well as fencing/walls permitted
on vacant properties.
Prohibited Fencing Materials in All Zoning District
A few materials were added to the prohibited material section of the
code. These items were either already considered unpermitted materials
or there are alternative material types that create a better curb appeal
with similar impact. The materials that were added to the code are as
follows :
1 . Fabric/Tarps (mesh canvas, tarpaulin, or similar non-rigid
materials)
Planning and Zoning Commission Staff Report
Case P-23-14-AM-February 27,2024
2
2 . Razor Wire or Concertina Wire
3 . Unframed, reflective galvanized sheet or corrugated metal panels
Rural Properties (RS-GR, RS-54, RS-54M)
1 . Horse Corral/Pen Fencing
While horse corral/pen fencing was always permitted within these
zoning districts, the code lacked language on these specific types
of fences. The code language has been updated to define where these
types of fences are permitted, as well as better explain the design
of these types of fences.
2. Ocotillo/Wooden Stick Fences
Ocotillo/Wooden Stick Fences are reflective of a rural design style
and as such will only be permitted within the RS-GR, RS-54, and
RS-54M zoning districts .
Additional Permitted Fencing in Residential Zoning Districts
1 . Galvanized sheet or corrugated metal panels were previously an
unpermitted fencing material type, but, moving forward, this type
of fencing material will be allowed if it is painted/treated to
eliminate the reflective surface.
2 . Mesh privacy screening is only permitted as a secondary material
type for sport courts .
3 . Chicken wire, wire fabric, and similar welded or woven wire fabrics
is only permitted as a secondary material type for the keeping of
animals .
Non-Residential and Multi-Family Zoning Districts
1 . The language for Parking Screen Walls was previously found within
our Landscape Regulations but is now being relocated to
Fences/Walls. The language of this section is not being altered.
2 . The existing landscape regulations require a "decorative wall" for
non-residential and multi-family properties, but there is limited
information about what needs to be included as part of the wall.
a. Staff has revised the regulations to include language
defining a "decorative wall. "
b. These revisions are consistent with comments provided by
Staff to applications throughout the entitlement process.
The draft text amendment to the Apache Junction City Code, Volume II,
Land Development Code, Chapter 1 : Zoning Ordinance, Article 1-6:
Supplemental Regulations, Section 1-6-3, Fences and Walls; Article 1-8
Planning and Zoning Commission Staff Report
Case P-23-14-AM-February 27,2024
3
Landscape Regulations, and Volume I, Apache Junction City Code, Volume
I, Apache Junction, Arizona City Code, Chapter 9: Health and Sanitation,
Article 9-1 : Property Maintenance Standards, Section 9-1-2, Definitions.
is attached.
K6se� 'SC'hnttvk'bz
Prepared by Kelsey Schattnik
Senior Planner
Attachments :
- Existing Section 1-6-3 Fences and Walls
- Clean and Edited Drafts of the proposed Amendments to Apache Junction
City Code, Volume II, Land Development Code, Chapter 1: Zoning
Ordinance, Article 1-6: Supplemental Regulations, Section 1-6-3, Fences
and Walls.
Planning and Zoning Commission Staff Report
Case P-23-14-AM-February 27,2024
4
§ 1-6-3 FENCES AND WALLS.
(A) Fence and wall requirements.Table 6-1 below specifies the requirements for fences and walls in residential zoning
districts, and Table 6-2 below specifies the requirements in non-residential districts.
TABLE 6-1: RESIDENTIAL DISTRICT REGULATIONS FOR FENCES AND WALLS
Height of Setback Requirement Design
Fence or Wall
0 to 4 feet No minimum front, side or rear setback is required. See Vol. II, § 1-6-3(B)
Front Setback. No minimum front setback is required
if the portion of the fence or wall between 4 and 6 feet
is transparent. If the portion of the fence or wall above
4 feet is not transparent, the zoning district's minimum
front setback for main structures is required.
4.1 to 6 feet See Vol. II, § 1-6-3(B)
Side and Rear Setback. No minimum side or rear
setback is required for either transparent or non-
transparent fences/walls between 4 and 6 feet in
height.
6.1 to 8 feet Subject to main structure's minimum front, side and See Vol. II, § 1-6-3(B)
rear setback.
Above 8 feet Fences and walls higher than 8 feet are not allowed. See Vol. II, § 1-6-3(B)
TABLE 6-2: NON-RESIDENTIAL DISTRICT REGULATIONS FOR FENCES AND WALLS
Type of Fence Height of Fence or
or Wall Wall Setback Requirement Design
Parking Screen 3 foot minimum to 4 foot
Front Setback: 10 feet. Decorative wall.
Wall' maximum
4 foot maximum in front Front Setback. 10 feet in 13-1
yard. and B-4 districts; no
minimum setback in B-2 and Decorative wall or
Patio Enclosure B-3 districts. fence.
8 foot maximum in side Side or Rear Setback. No
and rear yard.
minimum required.
Front Yard 4.1 foot minimum to 8 Front Setback. Subject to
Screen Wall1 foot maximum main structure's minimum Decorative wall.
requirements.
Side or Rear Setback. No Opaque wall shall
Side and Rear 6 foot minimum to 8 foot minimum required.
maximum be required and
Yard Screen shall be painted or
Wall' Side or Rear Setback. stained with an
Higher than 8 feet Subject to main structure's earth tone color.
minimum requirement.
1 See Vol. II,§1-8-6 for mandatory screen wall requirements.
(B) Non-decorative fences and walls. Non-decorative walls and fences are required to be constructed of approved
materials,which mean materials normally manufactured for, used as, and recognized as, exterior fencing or wall materials
such as: wrought iron or other decorative metals, ornamental aluminum and PVC, fired masonry, concrete, stone, chain link,
wood planks, split rail, vinyl slats or composite plastic manufactured specifically as wall or fencing materials. Fence materials
must be manufactured for exterior use and shall be weather and decay-resistant.
(1) Alternative fence material may be approved by the Director or designee upon a finding that the proposed material
complies with the intent of the provisions of this Code and that the fence material is at least the equivalent of that prescribed
in this section in quality, strength, effectiveness, fire resistance, durability and safety.
(2) Prohibited fence materials include: rope; string; wire products including but not limited to chicken wire, wire fabric,
and similar welded or woven wire fabrics; chain; netting; dangerous cut or broken glass; paper; unapproved corrugated
metal panels; galvanized sheet metal; plywood; or fiberglass panels in any fence or any other materials that are not
manufactured specifically as fencing materials. The Director may require the applicant to provide the manufacturer's
standards to establish the intended use of a proposed fencing material.
(C) Decorative fences and walls.
(1) Decorative fences include wrought iron, picket, split rail, post and rail, ornamental aluminum and ornamental plastic
type fences, but do not include wire, stockade or chain link type fences.
(2) Decorative walls include architectural block, brick, split faced block, split faced veneer, stucco or slump block that is
painted or stained with an earth-tone color, but do not include standard concrete block.
(D) Design standards for non-residential and multi-family zoning districts.Fences and walls located between the main
structure and the road shall be designed as a decorative wall. Fences and walls located in the side or rear yards shall be
stained or painted with an earth tone color approved by the Zoning Administrator.
(E) Visibility at intersections.The location and height of fences and walls shall comply with Vol. II, § 1-6-13 (i.e., visibility
at intersections).
(F) Entry gateway.One entry gateway, trellis, or other entry structure is permitted in the front setback area of lots within
the RS-GR, RS-54 and RS-54M districts, provided the maximum height or width of the structure does not exceed 16 feet.
(G) Nonconforming fences.Any fence which does not meet the standards of this section but which was established prior
to the effective date of this Chapter may be eligible to be recognized as legal nonconforming, provided the owner proves
legal nonconforming status pursuant to the procedures established in Vol. II, § 1-2-5 (i.e., nonconforming uses, structures
and lots)of this Chapter, and provided the fence is not expanded or its nonconformance with these standards otherwise
increased.Any fence which is destroyed or damaged to the extent of more than 50% of its total replacement value shall not
be repaired, rebuilt or reconstructed except in conformance with the standards of this section. Any future fence constructed
subsequent to the effective date of this Chapter, that does not comply with this section shall be considered illegal and
nonconforming.
(H) Dangerous fences.
(1) It is unlawful for any person to erect or maintain within the city any fence which, by determination of the Director or
designee, is, or may be, dangerous to persons, children or animals due to design, construction, materials, maintenance or
placement.
(2) Barbed and razor wire fences.Fences with strands of barbed and razor wire shall not be permitted, except as
follows:
(a) Residential districts. Barbed wire fencing shall be allowed for the keeping of livestock in those residential zoning
districts that allow livestock, and shall not be erected or maintained within 10 feet of any public place or public right-of-way,
public easement or reservation for roadway purposes.
(b) Non-residential districts. Barbed wire, razor wire or concertina wire shall be allowed subject to installation at least
6 feet above the ground and only erected at the top of an approved fence or wall, and shall only be allowed on buildings if
non-visible from public view. If the fence is inclined, it shall project over private property. Fences or walls with barbed wire
shall not be allowed within the front setback area.
(c) Spacing. Barbed wire fencing less than 6 feet high shall be secured to posts or other supporting structure not
more than 8 feet from each other.
(3) Electric fences. Electrically charged fences shall not be erected or allowed to remain except as follows:
(a) Electrically charged fences shall be permitted only in the RS-GR, RS-54 and RS-54M zoning districts and shall be
erected and maintained only for the keeping of livestock.
(b) All electrically charged fences shall be completely enclosed within another permitted fence.
(I) Measuring fence and wall height. Fence and wall height is measured as the vertical distance from the grade
immediately under the structure to the top of the structure. When measuring fence and wall heights on properties which are
characterized by notable topographical features, such as properties with slopes, elevation deviations, washes, swales, rock
outcrops and other like features, building and code officers and/or inspectors shall look for reasonable compliance with
fence/wall height standards. On these properties, some variations in fence/wall heights are expected and allowed.
(Ord. 1402, passed 5-6-2014)
Key.
New/Relocated Text
D., .,.J T-eA
1-6-3 Fences and Walls
A. General Requirements and Maintenance in All Zoning Districts.
1. Every fence and/or wall shall be constructed in a substantial,workmanlike manner and
of substantial material reasonably suited for the purpose for which the fence is proposed
to be used. All fences, walls, hedges or shrubbery shall be maintained in a good,
structurally sound, and in a neat, clean and attractive condition at all times.
2. Every fence and/or wall shall be maintained in a condition of reasonable repair and shall
not be allowed to become and remain in a condition of disrepair, damage, or
unsightliness, or constitute a nuisance, public or private.Any such fence and/or wall
which is, or has become, dangerous to public safety, health or welfare, or has become
unsightly through improper maintenance or neglect is a public nuisance and the zoning
administrator shall commence proper proceedings for the abatement thereof.
3. No fence,wall, hedge or shrubbery shall be erected or cause to be erected that will
interrupt, impede or otherwise alter the natural flow of water. Retaining walls require a
permit and shall be reviewed by Development Services Engineering Staff.
4. Properties with No Existing Fences/Walls. Fences and/or walls on properties with no
existing fencing shall be constructed of similar and consistent materials on all four sides
of the properties.
5. Properties with Existing Fences/Walls.
a. Fences and/or walls constructed on properties with existing fencing on at least
one side shall construct a fence and/or wall of complementary materials based
on the proposed use of the property.
b. Fences and/or walls constructed on corner lots shall construct a fence and/or
wall of similar and consistent materials on all street fronting sides of the
property.
6. Measuring Fence and Wall Height. Fence or wall height is measured as the vertical
distance from the grade immediately under the structure to the top of the structure.
When measuring fence and wall heights on properties which are characterized by
notable topographical features, such as properties with slopes, elevation deviations,
washes,swales, rock outcrops and other like features, building and code officers and/or
inspectors shall look for reasonable compliance with fence/wall height standards. On
1
these properties, some variations in fence/wall heights are expected and allowed.
7. Easements.
a. Fences and/or walls on both residential and non-residential properties cannot
be placed within, or in a manner that restricts access to, Dedicated Right-of-
Way ("ROW"), active Federally Patented Easements ("FPE"), or any other
private or public utility easement or alleyway.
b. Any fence and/or wall placed within, or that restricts access to, ROW, an
existing FPE, extinguished FPE, or any other private or public utility easement
is being placed at risk by the property owner(s) and could be subject to
removal.
8. Buildings used as part of a fence and/or wall shall be allowed in all zoning districts, as
long as the building meets all setback requirements for the applicable zoning district.
Fences and walls that are constructed in conjunction with the structure shall be
designed in a way that complements the main structure and is painted to match the
primary color of the main structure.
9. Any fence and/or wall above six(6)feet in height shall require a permit and be designed
by an Arizona registered structural engineer.
10. Visibility at Intersections.The location and height of fences and/or walls shall comply
with § 1-6-13 (i.e.,Visibility at Intersections).
11. Vacant/Undeveloped Properties.
a. Property owners shall be permitted to install a temporary, chain-link fence
around a vacant/undeveloped property regardless of zoning designation. Vinyl
slats, tarps, mesh screens, or any other type of secondary material installed
with the intent to screen the property are prohibited.
b. Property owners of non-residential properties shall be permitted to install a
more permanent fence and/or wall around a vacant/undeveloped property
after review and approval from the Development Services Department.
12. Any request to deviate from the provisions in this Chapter must receive approval from
the Development Services Director or Designee.Alternative fence material may be
approved by the Development Services Director or Designee upon a finding that the
proposed material complies with the intent of the provisions of this code and that the
fence material is at least the equivalent of that prescribed in this section in quality,
strength, effectiveness,fire resistance, durability and safety.
2
B. Prohibited Fencing in all R Side +;.,I -ardl Nee ReSid^r+;al Zoning Districts.
1. Prohibited Materials. Unless otherwise specified, prohibited fence/wall materials
include, but are not limited to: rope; string; wire products including but not limited to
chicken wire, wire fabric, and similar welded or woven wire fabrics; chain; netting;
tarp/fabric including but not limited to mesh canvas,tarpaulin or similar non-rigid
materials; dangerous cut or broken glass; razor wire or concertina wire; paper;
unapproved corrugated metal panels; unframed, reflective galvanized sheet or
corrugated metal panels; plywood; or fiberglass panels in any fence or any other
materials that are not manufactured specifically as fencing materials.The Development
Services Director or Designee may require the applicant to provide the manufacturer's
standards to establish the intended use of a proposed fencing material.
2. Dangerous Fences. It is unlawful for any person to erect or maintain within the City any
fence which, by determination of the Director or designee, is, or may be, dangerous to
persons, children or animals due to design, construction, materials, maintenance or
placement.
3. Electric Fences. Electrically charged fences shall not be erected or allowed to remain
except as follows:
a. Electrically charged fences shall be permitted only in the RS-GR, RS-54 and RS-
54M zoning districts and shall be erected and maintained only for the keeping
of livestock.
b. All electrically charged fences shall be completely enclosed within another
permitted fence.
4. Barbed and Razor Wire Fences. Fences with strands of barbed and razor wire shall not
be permitted, except as follows:
a. Residential Districts. Barbed wire fencing shall be allowed for the keeping of
large livestock in those residential zoning districts that allow large livestock
and shall not be erected or maintained within 10 feet of any public place or
public right-of-way, public easement or reservation for roadway purposes. All
barbed wire fencing shall not exceed less than 6 feet in height hig-k and shall
be secured to posts or other supporting structures not more than 8 feet from
each other.
b. No„—Desire l#a,' o^rstf+c s B2.be��e r-azSF W!Fe OF GE)REeFt+Ra wire shall he
alle. ed s bjeet to installatie., _+ I.,-,�+G foot -,hl,,,o the g nd and .,.,I„
Wall, a
buildings if r. sihle frl,m public viev.f. If the fe.ce shall p eet
3
eveF ate r erty Fee Ar wall;yooth harbed wire shall Pet he alle . ed
.iith*n the{rent ;nth-,ck
E Q-,rhe.d ;.vire feRGiRg less that, 6 feet high .-h-.II h., s Fed to pests e
ether rting structure et mere than 4 feet fire each other.
C. Single-Family Residential Zoning Districts.
1. Height and Setback Requirements.
a. Walls and Fences 0 feet to 4 feet in height. No minimum front,side, or rear
setback is required.
b. Walls and Fences greater than 4 feet—6 feet in height.
1. Solid Fences. Solid fences greater than 4 feet in height, but not
exceeding 6 feet in height, must meet the main structure front setback
for its designated zoning district. No side or rear setback is required.
2. Partial View Fences. No front, side, or rear setbacks are required for
partial view fences that achieve at least thirty-three percent (33%)
openness, overall,four feet solid,two feet (4'-2')view.
c. Walls and Fences greater than 6 feet—8 feet in height. Walls and fences
greater than 6 feet in height, but not exceeding 8 feet in height, must meet
main structure setback requirements for its designated zoning district
regardless of design.
8'Solid Fence 6'-2'Partial
View Fence 4'-2'Partial
6'Solid Fence View Fence 3'-3'View Fence
I
O
b
4
d. Walls and Fences greater than 8 feet in height. Walls and fences greater than 8
feet in height are prohibited in single-family residential zoning districts.
e. Site Visibility Triangle—No walls or fences more than 3 feet in height shall be
placed on any corner lot within a 33' by 33'triangular yard spaced formed by
the intersection of the lot lines adjoining the intersecting streets for a distance
of 33 feet from such intersection and a line connecting the ends of such lot
lines illu-str-ted- ;n V I II Image 6_1
2. Design Requirements for All Single-Family Residential Zoning Districts.
a. Fences/Walls must be constructed of appFeved materials w hieh m
materials normally manufactured for, used as, and recognized as, exterior
fencing or wall materials such as:wrought iron or other decorative metals;
framed, painted/treated galvanized sheet or corrugated metal fence panels
(excluding cargo container walls) that are painted/treated in a way to
eliminate the reflective surface; ornamental aluminum and PVC;fired
masonry; concrete; stone; chain link; wood planks; split rail; vinyl slats; or
composite plastic manufactured specifically as wall or fencing materials. Fence
materials must be manufactured for exterior use and shall be weather and
decay-resistant.
b. Mesh screening shall only be allowed as a secondary material type for the
screening of sport courts.
c. Chicken wire,wire fabric, and similar welded or woven wire fabrics intended
for the keeping of animals shall be allowed only as a secondary material type
and cannot exceed the height of the primary fencing material.
d. Altemativefepee m.-;teFial may be appFePedbythe DiresteF er designee up
a fiRdiRg that the PFE)POSed- material complies with the 6.A.tPA* Af the previsieRS
Af this ceple apel that the fepee material at least the eqUiValeRt Of that
pFese
ribe d �..+his ree-fi n i alit., stFe .,f�gth eeti.,.,.,ess firer istanee
GIHF bility R d Safety.
3. Rural Properties Zoned RS-GR, RS-54, and RS-54M.
a. Entry Gateway. One entry gateway,trellis, or other entry structure is permitted
in the front setback area of lots within the RS-GR, RS-54 and RS-54M districts,
provided the maximum height or width of the structure does not exceed 16
feet.
b. Corral/Pen Fences. Corral/Pen fences shall only be allowed for the keeping of
livestock and similar large animals, such as equine. Corral fences shall be
5
permitted on RS-GR, RS-54 and RS-54M zoned properties, as well as any
residential property that is legally permitted to keep equine.
1. Corral/Pen fences shall be constructed of wood, masonry, wrought iron,
pipe-rail or similar material, but shall not be of solid construction or
made of metal wire, such as chain-link or barbed wire. Mesh stall panel
screens shall be allowed as a secondary material type.
2. Corral/Pen fences shall not exceed six (6)feet in height.
3. Corral/Pen fences are allowed within the front setback area but must be
kept out of any existing easements or right-of-way.
c. Ocotillo/Wooden Stick Fences are only allowed in the RS-GR, RS-54 and RS-
54M zoning districts.
D. Non-Residential, Multi-Family and New Residential Developments Zoning Districts.
1. Decorative Fences and Walls. Wall designs shall require the use of a minimum of three
(3) materials including, but not limited to, decorative wrought iron view fencing, stone,
brick, block, or textured block including treated, split-face, single-score or patterned
integrally colored block of similar enhancement and may include changes in color or
texture.
2. All fences/walls along an arterial, collector or local streets shall provide decorative
columns, offsets or undulations with a minimum of two (2) feet change to create
additional variety. The columns/offsets/undulations shall be provided every one-
hundred and fifty (150)feet.
3. Chain-Link Fencing. Chain-link fencing on new residential developments, non-
residential and multi-family zoned properties shall only be allowed during a temporary
period of active construction or as security fencing on an undeveloped property. A
secondary screening type, such as a mesh privacy fence, shall not be allowed unless
permitted by the Development Services Director or designee.
4. Patio Enclosures.
a SereeRORR f^r ^ati Restaurant and bar patio enclosures shall be allowed +R
b. Height.
1. Front Yard: 4 foot maximum
2. Side and Rear Yard: 8 foot maximum
6
c. Setback Requirements.
1. Front Setback. 10 feet in B-1 and B-4 districts; no minimum setback in
B-2 and B-3 districts.
2. Side or Rear Setback. No minimum required.
5. Screen Walls.
a. Front Yard Screen Walls. Front yard screen walls shall be a minimum of 4.1 feet
to 8 foot maximum and are subject to the minimum main structure front
setback requirement.
b. Side and Rear Yard Screen Walls.
1. No minimum setback is required for side and rear yard screen walls
between 6 feet and 8 feet in height.
c. Screen walls for side and rear property lines. Where industrial or commercial
development is proposed to be located adjacent to an existing or future
residential property, decorative screeni+igwalls shall be required4n
d. Side and rear yard screen walls exceeding 8 feet in height shall be subject to
the main structure's minimum setback requirement.
6. Parking Screen Walls.
a. Height. Parking screen walls shall be between 3 feet—4 feet in height.
b. Front Setback. Parking screen walls shall meet a minimum 10 feet setback.
C. r^^ all" {^r r1-;^^ If parking is located between the building and the
front road right-of-way, a decorative wall Ar fience between 3 and 4 feet in
height shall be installed at the interior edge of the planting strip to serve as a
visual transition between the roadside planting strip and the parking area {wee
\ el 11 § 1 6 2 Table 6 2\
7. Screening of outdoor storage. Outdoor storage on business zoned properties shall be
screened "' """'""rdIan-„with Vel 11 § 1 6 9(g)(2) and Vel 11 § 1 6 3 Table G 7
8. Screening of dumpsters. Dumpsters on 19USiRess iRSfi+,,*i^^,I new residential
developments, non-residential and multi-family residential properties shall be screened
with a minimum 6-foot-high decorative masonry wall and a decorative gate which
7
complements the overall design of the development. Dumpster gates shall be closed
except while loading and unloading.
9. Alternative wall designs and material types that meet the intent of this section may be
considered by the Development Services Director or Designee.
E. Nonconforming Fences. Any fence which does not meet the standards of this section, but which
was established prior to the effective date of this Ordinance, may be eligible to be recognized
as legal nonconforming, provided the owner proves legal nonconforming status pursuant to the
procedures established in § 1-2-5 (i.e., Nonconforming Uses, Structures and Lots) of this
Ordinance,and provided the fence is not expanded or its nonconformance with these standards
otherwise increased. Any fence which is in disrepair, destroyed or damaged to the extent of
more than 50% of its total replacement value shall not be repaired, rebuilt or reconstructed
except in conformance with the standards of this section. Any future fence constructed
subsequent to the effective date of this Ordinance,that does not comply with this section shall
be considered illegal and nonconforming.
TAR' C G_9- DCCIIICIUT1Al DICTDICT DCG111 ATIONIS FOR CCINIPCC ANTI WA, l C
Height
``oAA'f�,,,,Fence ar CotharL QegUireMeant Design
0 to A foot Ale minimum from side 9F See\/el 11 § 1_6_2(Q)
rn-+r ce+h, L iFequ ed
Greater than A 4.1 to 6 Front Setbad(: See\/el II § 9 6_2/Q)
feet
NE) Rqin fr n+
set-hap Es requiFed if
the Portion of the feRee
nr -,II hetiAAeon A +e G
feet io +rancnarnn+
if the peTtie„--yr—the
fence er wall aheve4
feet i e+ tFaRspaFen+
the—ireRi g diStFiGt's
m fr ont
fnr m-iin c+ni^+ rec is
rvTmzTrrrTcruccmz���
re
Cide a A d Dear Se+h-..,L• Ne
minimwim cidn e e+h-;.,L
required fnr ei+her+r n+
nr nnn+raRsp iren+feRGec/walls
between A and 6 feet in height
A-�z Subject—te FRaiRRst FEttFre'S See Biel II § 1_6_2IQ
8
�., m front, side, aR4-m2T
e
Above 4 feet Fences and w -,Ilr hi.Ther +ham., 4 See \/el II § 'I G 2/Q1
foot are net - 4eweel
A. Pence and Wall Desogn ReciumFe-eks, Table 6 1 specifies the Fequkements for knees and WAIS
R residential zoning districts, and Tabb 6 z! specifies the FequimmeRtS on non FeSidenda,4
rlir .
located between the main structure and the read shaM be designed as a decerative wall. Fences
and wAk located 0 the Me Or rear yards shaN be StARed Or painted with an earth tone eele+
approved by 'he Zoning Administrator.
TABLE 6_7• NON RESIDENTIAL DATQICT DCGI II ATIC)NC FOR FENCES AND WALLS
C
Type of Femme or 44ig4#-of Setback Pe49P
VVa4 Cer��e or. l III "" '�b��
PaFMr,.. C.re r, \A/,II fee+ R. m to 4 Cre.,+ f n.,-.,r,+i.,.
,--a n��e��c�: �sTee�. �t
#eeii n+U4„
Went rSet . IN feet &�t
Q I aerl Q n .dirtriGtS; r
RqiRimum ethael, ip Q 7 #-Rc-e-
4 feet rpa and Q 2 rJi�+rim+r
Aide -and re-ir.,.P
Side er RP;4r Ceth;;r•L nle
e rd
Cre.,t Yard Screen n 'I fee+ m Cre.,t Setback. h'e nee.,r,ti".,
WA te 8 feet m R StMet A,
reel Are me RM6.
S*de and Rear Yard 6 feet Side or Rear Setbael Opaque Wall
e`' e
required and
R de or oea ceth-„-I, e
Higher than 4 feet Suyed+e m pa-4ted-&F
structure'er
CeRstrueted of approved Rnaterfals, which mean Materials normally manufactured for, used ,
and recognted as; exteder fenGiRg GIF Wall materials such as� wrought iFeR OF other decorative
split Fail, vinyl slats eF eempesite plastme M.-;;A Fed speeifiCally aS wall OF feRGiRg MateFi- -
e##est+vepess, f;Te FesistaRee, d Ur-.hili+„and safety.
ifieally as fencing FnateFm-;;Ir-,.
C. rought OFE)R, iG!(et, split Fail, post and
er bFel(en glass; papeF; uRappFeved ceFFugated metal panels; galvanized sheet Fnetal;-
or ehaip link type feRees
-;;rchitec-t,ipal bleGk, brick,split faced b!eG!(, split faGed veReer,sweee e-F
r.,+., h 1A.L
10
1-6-3 Fences and Walls
A. General Requirements and Maintenance in All Zoning Districts.
1. Every fence and/or wall shall be constructed in a substantial,workmanlike manner and
of substantial material reasonably suited for the purpose for which the fence is proposed
to be used. All fences, walls, hedges or shrubbery shall be maintained in a good,
structurally sound, and in a neat, clean and attractive condition at all times.
2. Every fence and/or wall shall be maintained in a condition of reasonable repair and shall
not be allowed to become and remain in a condition of disrepair, damage, or
unsightliness, or constitute a nuisance, public or private.Any such fence and/or wall
which is, or has become, dangerous to public safety, health or welfare, or has become
unsightly through improper maintenance or neglect is a public nuisance and the zoning
administrator shall commence proper proceedings for the abatement thereof.
3. No fence,wall, hedge or shrubbery shall be erected or cause to be erected that will
interrupt, impede or otherwise alter the natural flow of water. Retaining walls require a
permit and shall be reviewed by Development Services Engineering Staff.
4. Properties with No Existing Fences/Walls. Fences and/or walls on properties with no
existing fencing shall be constructed of similar and consistent materials on all four sides
of the properties.
5. Properties with Existing Fences/Walls.
a. Fences and/or walls constructed on properties with existing fencing on at least
one side shall construct a fence and/or wall of complementary materials based
on the proposed use of the property.
b. Fences and/or walls constructed on corner lots shall construct a fence and/or
wall of similar and consistent materials on all street fronting sides of the
property.
6. Measuring Fence and Wall Height. Fence or wall height is measured as the vertical
distance from the grade immediately under the structure to the top of the structure.
When measuring fence and wall heights on properties which are characterized by
notable topographical features, such as properties with slopes, elevation deviations,
washes,swales, rock outcrops and other like features, building and code officers and/or
inspectors shall look for reasonable compliance with fence/wall height standards. On
these properties, some variations in fence/wall heights are expected and allowed.
7. Easements.
a. Fences and/or walls on both residential and non-residential properties cannot
be placed within, or in a manner that restricts access to, Dedicated Right-of-
1
Way ("ROW"), active Federally Patented Easements ("FPE"), or any other
private or public utility easement or alleyway.
b. Any fence and/or wall placed within, or that restricts access to, ROW, an
existing FPE, extinguished FPE, or any other private or public utility easement
is being placed at risk by the property owner(s) and could be subject to
re mova I.
8. Buildings used as part of a fence and/or wall shall be allowed in all zoning districts, as
long as the building meets all setback requirements for the applicable zoning district.
Fences and walls that are constructed in conjunction with the structure shall be
designed in a way that complements the main structure and is painted to match the
primary color of the main structure.
9. Any fence and/or wall above six (6)feet in height shall require a permit and be designed
by an Arizona registered structural engineer.
10. Visibility at Intersections.The location and height of fences and/or walls shall comply
with § 1-6-13 (i.e.,Visibility at Intersections).
11. Vacant/Undeveloped Properties.
a. Property owners shall be permitted to install a temporary, chain-link fence
around a vacant/undeveloped property regardless of zoning designation. Vinyl
slats, tarps, mesh screens, or any other type of secondary material installed
with the intent to screen the property are prohibited.
b. Property owners of non-residential properties shall be permitted to install a
more permanent fence and/or wall around a vacant/undeveloped property
after review and approval from the Development Services Department.
12. Any request to deviate from the provisions in this Chapter must receive approval from
the Development Services Director or Designee.Alternative fence material may be
approved by the Development Services Director or Designee upon a finding that the
proposed material complies with the intent of the provisions of this code and that the
fence material is at least the equivalent of that prescribed in this section in quality,
strength, effectiveness,fire resistance, durability and safety.
B. Prohibited Fencing in all Zoning Districts.
1. Prohibited Materials. Unless otherwise specified, prohibited fence/wall materials
include, but are not limited to: rope; string; wire products including but not limited to
chicken wire, wire fabric, and similar welded or woven wire fabrics; chain; netting;
tarp/fabric including but not limited to mesh canvas,tarpaulin or similar non-rigid
2
materials; dangerous cut or broken glass; razor wire or concertina wire; paper;
unframed, reflective galvanized sheet or corrugated metal panels; plywood; or fiberglass
panels in any fence or any other materials that are not manufactured specifically as
fencing materials.The Development Services Director or Designee may require the
applicant to provide the manufacturer's standards to establish the intended use of a
proposed fencing material.
2. Dangerous Fences. It is unlawful for any person to erect or maintain within the City any
fence which, by determination of the Director or designee, is, or may be, dangerous to
persons, children or animals due to design, construction, materials, maintenance or
placement.
3. Electric Fences. Electrically charged fences shall not be erected or allowed to remain
except as follows:
a. Electrically charged fences shall be permitted only in the RS-GR, RS-54 and RS-
54M zoning districts and shall be erected and maintained only for the keeping
of livestock.
b. All electrically charged fences shall be completely enclosed within another
permitted fence.
4. Barbed and Razor Wire Fences. Fences with strands of barbed and razor wire shall not
be permitted, except as follows:
a. Residential Districts. Barbed wire fencing shall be allowed for the keeping of
large livestock in those residential zoning districts that allow large livestock
and shall not be erected or maintained within 10 feet of any public place or
public right-of-way, public easement or reservation for roadway purposes. All
barbed wire fencing shall not exceed 6 feet in height and shall be secured to
posts or other supporting structures not more than 8 feet from each other.
C. Single-Family Residential Zoning Districts.
1. Height and Setback Requirements.
a. Walls and Fences 0 feet to 4 feet in height. No minimum front,side, or rear
setback is required.
b. Walls and Fences greater than 4 feet—6 feet in height.
1. Solid Fences. Solid fences greater than 4 feet in height, but not
exceeding 6 feet in height, must meet the main structure front setback
for its designated zoning district. No side or rear setback is required.
3
2. Partial View Fences. No front, side, or rear setbacks are required for
partial view fences that achieve at least thirty-three percent (33%)
openness, overall,four feet solid,two feet (4'-2')view.
c. Walls and Fences greater than 6 feet—8 feet in height. Walls and fences
greater than 6 feet in height, but not exceeding 8 feet in height, must meet
main structure setback requirements for its designated zoning district
regardless of design.
8'Solid Fence 6'-2'Partial
View Fence 4'-2'Partial
6'Solid Fence View Fence 3'-3'View Fence
Ir
rL,l
I V
I'
d. Walls and and Fences greater than 8 feet in height.8 feet in height. Walls and fences greater than 8
feet in height are prohibited in single-family residential zoning districts.
e. Site Visibility Triangle—No walls or fences more than 3 feet in height shall be
placed on any corner lot within a 33' by 33'triangular yard spaced formed by
the intersection of the lot lines adjoining the intersecting streets for a distance
of 33 feet from such intersection and a line connecting the ends of such lot
lines.
2. Design Requirements for All Single-Family Residential Zoning Districts.
a. Fences/Walls must be constructed of materials normally manufactured for,
used as, and recognized as, exterior fencing or wall materials such as: wrought
iron or other decorative metals; framed, painted/treated galvanized sheet or
corrugated metal fence panels (excluding cargo container walls) that are
painted/treated in a way to eliminate the reflective surface; ornamental
aluminum and PVC; fired masonry; concrete; stone; chain link; wood planks;
split rail;vinyl slats; or composite plastic manufactured specifically as wall or
4
fencing materials. Fence materials must be manufactured for exterior use and
shall be weather and decay-resistant.
b. Mesh screening shall only be allowed as a secondary material type for the
screening of sport courts.
c. Chicken wire,wire fabric, and similar welded or woven wire fabrics intended
for the keeping of animals shall be allowed only as a secondary material type
and cannot exceed the height of the primary fencing material.
3. Rural Properties Zoned RS-GR, RS-54, and RS-54M.
a. Entry Gateway. One entry gateway,trellis, or other entry structure is permitted
in the front setback area of lots within the RS-GR, RS-54 and RS-54M districts,
provided the maximum height or width of the structure does not exceed 16
feet.
b. Corral/Pen Fences. Corral/Pen fences shall only be allowed for the keeping of
livestock and similar large animals, such as equine. Corral fences shall be
permitted on RS-GR, RS-54 and RS-54M zoned properties, as well as any
residential property that is legally permitted to keep equine.
1. Corral/Pen fences shall be constructed of wood, masonry, wrought iron,
pipe-rail or similar material, but shall not be of solid construction or
made of metal wire, such as chain-link or barbed wire. Mesh stall panel
screens shall be allowed as a secondary material type.
2. Corral/Pen fences shall not exceed six (6)feet in height.
3. Corral/Pen fences are allowed within the front setback area but must be
kept out of any existing easements or right-of-way.
c. Ocotillo/Wooden Stick Fences are only allowed in the RS-GR, RS-54 and RS-
54M zoning districts.
D. Non-Residential, Multi-Family and New Residential Developments Zoning Districts.
1. Decorative Fences and Walls. Wall designs shall require the use of a minimum of three
(3) materials including, but not limited to, decorative wrought iron view fencing, stone,
brick, block, or textured block including treated, split-face, single-score or patterned
integrally colored block of similar enhancement and may include changes in color or
texture.
2. All fences/walls along an arterial, collector or local streets shall provide decorative
columns, offsets or undulations with a minimum of two (2) feet change to create
5
additional variety. The columns/offsets/undulations shall be provided every one-
hundred and fifty(150)feet.
3. Chain-Link Fencing. Chain-link fencing on new residential developments, non-
residential and multi-family zoned properties shall only be allowed during a temporary
period of active construction or as security fencing on an undeveloped property. A
secondary screening type, such as a mesh privacy fence, shall not be allowed unless
permitted by the Development Services Director or designee.
4. Patio Enclosures.
a. Restaurant and bar patio enclosures shall be allowed.
b. Height.
1. Front Yard: 4 foot maximum
2. Side and Rear Yard: 8 foot maximum
c. Setback Requirements.
1. Front Setback. 10 feet in B-1 and B-4 districts; no minimum setback in
B-2 and B-3 districts.
2. Side or Rear Setback. No minimum required.
5. Screen Walls.
a. Front Yard Screen Walls. Front yard screen walls shall be a minimum of 4.1 feet
to 8 foot maximum and are subject to the minimum main structure front
setback requirement.
b. Side and Rear Yard Screen Walls.
1. No minimum setback is required for side and rear yard screen walls
between 6 feet and 8 feet in height.
c. Screen walls for side and rear property lines. Where industrial or commercial
development is proposed to be located adjacent to an existing or future
residential property, decorative screen walls shall be required.
d. Side and rear yard screen walls exceeding 8 feet in height shall be subject to
the main structure's minimum setback requirement.
6
6. Parking Screen Walls.
a. Height. Parking screen walls shall be between 3 feet—4 feet in height.
b. Front Setback. Parking screen walls shall meet a minimum 10 feet setback.
c. If parking is located between the building and the front road right-of-way, a
decorative wall between 3 and 4 feet in height shall be installed at the interior
edge of the planting strip to serve as a visual transition between the roadside
planting strip and the parking area.
7. Screening of outdoor storage. Outdoor storage on business zoned properties shall be
screened.
8. Screening of dumpsters. Dumpsters on new residential developments, non-residential
and multi-family residential properties shall be screened with a minimum 6-foot-high
decorative masonry wall and a decorative gate which complements the overall design of
the development. Dumpster gates shall be closed except while loading and unloading.
9. Alternative wall designs and material types that meet the intent of this section may be
considered by the Development Services Director or Designee.
E. Nonconforming Fences.Any fence which does not meet the standards of this section, but which
was established prior to the effective date of this Ordinance, may be eligible to be recognized
as legal nonconforming, provided the owner proves legal nonconforming status pursuant to the
procedures established in § 1-2-5 (i.e., Nonconforming Uses, Structures and Lots) of this
Ordinance,and provided the fence is not expanded or its nonconformance with these standards
otherwise increased. Any fence which is in disrepair, destroyed or damaged to the extent of
more than 50% of its total replacement value shall not be repaired, rebuilt or reconstructed
except in conformance with the standards of this section. Any future fence constructed
subsequent to the effective date of this Ordinance,that does not comply with this section shall
be considered illegal and nonconforming.
7
►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 oN* File ID: 24-141
Sponsor: Ted Wolff Agenda Date: 3/18/2024
Index: In Control: City Council Work Session
Presentation and discussion on the purchase of one additional 2023 Ford F-150 Super Crew
4x4 long bed for the Public Works Department using Highway User Revenue Funds (HURF) in
an amount not to exceed $54,724.28. The purchase would be through the State of Arizona
Cooperative Contract#CTR059323 with San Tan Ford.
City of Apache Junction,Arizona Page 1 Printed on 311412024
�PQpCNF✓
ti Public Works Department
J�G�U Z
Home of the Superstition Mountains
gHIZON
Date: March 18, 2024
To: Mayor and Members of the City Council
Through: Bryant Powell, City Manager
Ted Wolff, Public Works Director
From: Heather Hodgman, Administrative Services Manager
Subject: Proposed Purchase of One Additional Vehicle
The public works department is proposing to purchase one additional 2023 Ford F-150 Super
Crew 4x4 long bed this fiscal year. This will be purchased using Highway User Revenue Funds
(HURF).
The purchase would be through the State of Arizona Cooperative Contract# CTR059323 with
San Tan Ford.
Staff respectfully requests the purchase of the vehicle in an amount not to exceed $54,724.28.
575 E. Baseline Avenue, Apache Junction, AZ 85219
• Voice (480) 982-1055 • FAX (480) 983-5752 or (480) 982-8005
►P�"E�c�, City of Apache Junction, Arizona 300 E Superstition
Boulevard
z Agenda Item Cover Sheet Apache Junction,AZ
_ 85119
Agenda Item No.4.
PizoNr File ID: 24-142
Sponsor: Nicholas Leftwich Agenda Date: 3/18/2024
Index: In Control: City Council Work Session
Presentation and discussion on Ordinance No. 1548 and Resolution 24-11 related to Case
P-23-119-PZ, a proposed planned development rezoning requested by Frances McGregor of
Phoenix Metro Towing to rezone Parcels 102-20-014C & 102-20-014D, approximately 5 gross
acres currently zoned General Rural Low Density Single-Family Detached
Residential("RS-GR")and Industrial by Planned Development("13-5/PD")to Industrial by
Planned Development("13-5/PD")with a new planned development overlay to authorize the
development of an office and tow yard.
City of Apache Junction,Arizona Page 1 Printed on 311412024
O� PQACHE�Gti
n� 4
1pjk�z City of Apache Junction
,r: Development Services Department
'9RIZ•ONP �
CITY COUNCIL WORK SESSION
STAFF MEMO
Date : March 19, 2024
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
Case Number: P-23-119-PZ
Subject: Proposed planned development rezoning to authorize
the development a towing company office and tow yard.
Summary
P-23-119-PZ is a proposed planned development rezoning of
approximately 5 gross acres currently zoned General Rural Low
Density Single-Family Detached Residential ("RS-GR") and
Industrial by Planned Development ("B-5/PD") to Industrial by
Planned Development ("B-5/PD") with a new planned development
overlay to authorize the development a towing company office and
tow yard.
Planning & Zoning Commission Hearing and Recommendation
The Planning and Zoning Commission held a public hearing for
P-23-119-PZ on February 27, 2024 . Please see the attached staff
report and exhibits presented to the Planning and Zoning
Commission. During the meeting the Planning and Zoning Commission
evaluated the proposal and the Planned Development and Minor
General Plan approval criteria, and subsequently voted 6-0 to
recommend approval of P-23-119-PZ, subject to the conditions of
approval that were recommended in the Staff Report, dated February
27, 2024 .
Draft Ordinance No. 1548 was drafted with Planning Staff and the
Planning and Zoning Commission' s recommendation for approval .
Resolution No. 24-11 adopts the document entitled "Legal
Descriptions and Zoning Conditions of Case No. P-23-119-PZ
Authorized Under Ordinance No. 1548" as public record. This
Planning& Zoning-Building& Safety-Revenue Development
300 E. Superstition Boulevard • Apache Junction,AZ 85119 • Ph: (480)474-5083 •Fax(480)982-7010
document contains the parcel descriptions and conditions of
approval referenced in Draft Ordinance No. 1548 .
Attached:
- Planning and Zoning Commission Staff Report and attachments (February 27, 2024)
- Draft Ordinance No. 1548
- Draft Resolution No. 24-11
- Legal Descriptions and Zoning Conditions of Case No. P-23-119-PZ Authorized
Under Ordinance No. 1548
Planning& Zoning—Building& Safety—Revenue Development
300 E. Superstition Boulevard • Apache Junction,AZ 85119 • Ph: (480)474-5083 •Fax(480)982-7010
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PLANNING AND ZONING COMMISSION
PUBLIC HEARING STAFF REPORT
DATE : February 27, 2024
TO: Planning and Zoning Commission
THROUGH: Rudy Esquivias, Development Services
Director
Sidney Urias, Planning Manager
FROM: Nicholas Leftwich, Planner
CASE NUMBER: P-23-119-PZ
OWNER: Longmire Family Trust
PO Box 759
Willcox, AZ 85644
APPLICANT: Frances McGregor, Phoenix Metro Towing
Represented by Alex Hayes of Withey Morris
Baugh, PLC
REQUEST: Proposed planned development rezoning of
approximately 5 gross acres currently
zoned General Rural Low Density Single-
Family Detached Residential ("RS-GR") and
Industrial by Planned Development ("B-
5/PD") to Industrial by Planned
Development ("B-5/PD") with a new planned
development overlay to authorize the
development a towing company office and
tow yard.
LOCATION: The subject site is located near the
northwest corner of Baseline Avenue &
Tomahawk Road
(APN 102-20-014C & 102-20-014D)
GENERAL PLAN/
ZONING DESIGNATION: Commercial / General Rural Low Density
Single-Family Detached Residential "RS-GR"
Case P-23-119-PZ
February 27,2024 Planning and Zoning Commission Staff Report
2
and Industrial by Planned Development "B-
5/PD"
SURROUNDING USES : North: Quail Run Manufactured Home Park,
zoned "MHP";
South: Vacant State Land, zoned "RS-GR";
East: Vacant Parcels, zoned Industrial by
Planned Development "B-5/PD";
West: Cooper' s Sewer & Drain Inc. , zoned
Industrial "B-5" and a Pinal County island
Industrial Park zoned CI-1 (County
Industrial zoning) .
BACKGROUND
Parcels 102-20-014C & 102-20-014D are located approximately six-
hundred-ten feet (610' ) from the northwest corner of Baseline
Avenue & Tomahawk Road and are vacant, undeveloped properties .
Originally both parcels were one combined parcel, but in 1989
the City annexed, rezoned, and acquired the south one hundred
(100' ) of properties along Baseline between Tomahawk and Royal
Palm in order to establish the right-of-way for Baseline Avenue.
It was later determined that only the south fifty feet (50' ) of
this area was required, and the remaining north fifty feet (50' )
was vacated and returned to private ownership, resulting in the
creation of Parcel 102-20-014D. Although Parcel 102-20-014D has
an existing Planned Development (PD) Rezoning, there is no
established development plan and this proposed zoning action
would replace the current PD with a new Ordinance.
PROPOSALS
P-23-119-PZ is a proposed planned development rezoning of
approximately 5 gross acres currently zoned General Rural Low
Density Single-Family Detached Residential ("RS-GR") and
Industrial by Planned Development ("B-5/PD") to Industrial by
Planned Development ("B-5/PD") with a new planned development
overlay to authorize the development a towing company office and
tow yard.
The applicant proposes two buildings, a 11, 800 square foot
office building and a 6, 400 square foot building to be used for
Case P-23-119-PZ
February 27,2024 Planning and Zoning Commission Staff Report
3
fleet maintenance of the company vehicles . The rear half of the
property would be an impound tow yard, proposed to be screened
by a ten foot (10' ) wall .
PLANNED DEVELOPMENT REQUEST
The applicant requests the use of a planned development to
authorize the use of the office, vehicle maintenance building,
and outside storage yard. In the B-5 zoning district, truck
maintenance & servicing and outside storage requires the
approval through either a Conditional Use Permit or through
stated approval in a Planned Development (PD) ordinance, and as
the property required a rezoning already the approval of this
development plan is also requested through a PD at this time.
The applicant has also requested the approval of the use of a
ten foot (10' ) perimeter wall, proposed would be located on the
side and rear property lines . The city fence and wall
regulations generally limit walls at the front of the property
to eight feet (8' ) in height and require that a wall over eight
feet (8' ) would be placed at least ten feet (10' ) into the side
and rear property lines . Staff supports this request as a matter
of providing superior screening to the property than the basic
standard generally enables .
No deviation to the zoning land use or bulk regulations is
requested in this proposal .
PLANNING STAFF ANALYSIS
Relationship to General Plan:
The subject site is designated by the city' s General Plan as
"Commercial", while bordered by the "Light Industrial/ Business
Park and Industrial" land use designation on the east and west,
the "High Density Residential" Land Use Designation to the north
and the "Master Planned Community" to the south.
The "Commercial" General Plan land use designation is generally
designed for office, restaurant, retail, service industry type
land uses, but although the proposed office would fit within
this land use designation the tow yard is a more industrial-type
use, which is further enforced in the zoning district
requirements . Due to this, in order to facilitate this
development request a Minor General Plan Amendment to modify the
land use designation of the subject property from "Commercial",
Case P-23-119-PZ
February 27,2024 Planning and Zoning Commission Staff Report
4
to "Light Industrial/ Business Park and Industrial" is required
and requested.
In Staff' s analysis of this location and the proposal, Staff
believes this proposed development plan utilizes a historically
vacant property in a manner that complies with the General Plan
by meeting the following General Plan Goals & Policies :
• Policy 5 . 1 . 1 - Strategically identify infill opportunity sites
that can accommodate office, industrial, entertainment,
retail, and housing and mitigate barriers to development.
• Policy 5 . 1 . 4 - Policy: Encourage the protection and expansion
of the land designated in the general plan specifically for
employment and ensure they are preserved along transportation
corridors or in prime business cluster locations that will
maximize the impact and economic potential for those
businesses and employment centers . Discourage any uses that
bring little or no value to the community (such as RV Parks,
RV storage, mini-storage lots and seasonal residential units) .
If the subject proposal were only a tow yard, Staff would not
generally recommend in favor of a new tow yard per the general
policies discouraging space-intensive uses that are not activity
centers or economic drivers . The applicant' s proposal addresses
these concerns and the general plan policies by allocating a
significant area to include an office and shaping the proposal
to preserve employment opportunities within the city. The
proposal develops a vacant site with landscaping, screening for
the tow yard, and buildings compliant with our design standards,
overall offering an improvement to the property.
Furthermore, as the applicant' s current primary business
location within the city is located along Apache Trail,
centering their operations and facilities in an industrial area
keeps like-uses clustered and reduces the focus and intensity of
their operations along our main economic corridor.
Case P-23-119-PZ
February 27,2024 Planning and Zoning Commission Staff Report
5
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Zoning/Site Context:
The subject property is surrounded by several different uses, as
noted:
• To the north of the property is Quail Run, a manufactured
home community zoned "MHP" .
• To the south of the property is vacant state land zoned
"RS-GR" General Rural Low Density Single-Family Detached
Residential, but which is designated by the general plan to
be allocated for future master planned communities, within
which the land use and zoning will be determined per the
needs of the development;
• To the east of the property are vacant "B-5/PD" Industrial
by Planned Development parcels that were rezoned and
approved for a manufacturing facility
• To the west of the property is the septic system service
company Cooper' s Sewer & Drain Inc. , zoned "B-5"
Industrial, as well as some storage yards located in the
Pinal County island zoned for industrial purposes (County
Zoning CI-1) ;
Case P-23-119-PZ
February 27,2024 Planning and Zoning Commission Staff Report
6
The property' s existing adjacent uses and position near existing
and planned uses have been taken into account in making Staff' s
recommendation.
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Infrastructure & Site Improvements:
The applicant will be required to connect to all necessary
services, including electricity through SRP, water through the
Apache Junction Water District, and sewer connections . The
necessary infrastructure already exists adjacent to the site.
All other necessary and required on-site and off-site
improvements, including retention basins, dust-proof surfacing,
perimeter walls, and landscape buffers will be built at the time
of development.
Public Input:
The applicant sent out neighborhood meeting notification letters
to the property owners within a five-hundred (500' ) radius, per
the requirements of an "Industrial" B-5 rezoning, notifying
neighbors of the proposed development and providing them contact
information to learn more about the project. The advertised
Case P-23-119-PZ
February 27,2024 Planning and Zoning Commission Staff Report
neighborhood meeting was held at the Central Arizona College,
805 N. Idaho Road, advertised for Monday, January 22, 2024 at
6 : 00 PM. No neighbors attended to express any comments regarding
the development. The applicant' s Public Participation Plan
Report has been included as Exhibit V .
Staff have not received any comments via phone or e-mail
regarding the proposed development at the time of this staff
report.
FINDINGS OF FACT FOR PLANNED DEVELOPMENT REZONING
As required by the Apache Junction Zoning Ordinance, a Planned
Development request may be approved by the City Council after
consideration has been given to three different criteria. The
criteria is outlined in the text below:
1 . That a better design cannot be achieved by applying the
strict provisions of the underlying zoning district.
Applicant Response: Development of the Project shall conform to
the standards set forth in the B-5 Zoning District of the Apache
Junction Zoning Ordinance and the standards set forth in this PD
Amendment.
2 . That strict adherence to the provisions of the zoning
ordinance is not required in order to ensure the health,
safety and welfare of the inhabitants of the proposed
development.
Applicant Response: Developing the Property per our proposal
will provide additional support to the city as the area
continues to grow. Rezoning the Property will not jeopardize
the health, safety, and welfare of surrounding inhabitants. In
fact, approval of our request will allow for a better use of the
Site that aligns with existing use of surrounding developments.
3 . That strict adherence to the ordinance is not required to
ensure that property values of adjacent properties will not
be reduced.
Applicant Response: The proposal will not alter the existing
land use patterns since the activity along Baseline Road is
Case P-23-119-PZ
February 27,2024 Planning and Zoning Commission Staff Report
8
industrial in this area. Rezoning the Property will not
jeopardize the health, safety, and welfare of surrounding
inhabitants. in fact, approval of our request will allow for a
better use of the Site that aligns with existing use of
surrounding developments.
FINDINGS OF FACT FOR MINOR GENERAL PLAN AMENDMENT
As required by the Apache Junction General Plan, a Minor General
Plan request may be approved by the City Council after
consideration has been given to specific criteria. The criteria
is outlined in the text below:
1 . Whether the amendment proposes a land use designation that
the Land Use Plan Map does not adequately provide optional
sites to accommodate .
Applicant Response: The GPA provides a more appropriate land use
designation for this property given the industrial designations
on both sides of the Property.
2 . Whether the amendment constitutes an overall improvement to
the General Plan, will not solely benefit a particular
landowner or owners at a particular point in time, and is
consistent with the overall intent of the 2010 General
Plan.
Applicant Response: This amendment is a solution for the broader
area because it brings this site into greater compatibility with
the surrounding land use plan and is more consistent with the
nature of the overall industrial area along the arterial street
frontage.
3 . Whether the proposed amendment is justified by an error in
the 2010 General Plan as originally adopted.
Applicant Response: It is unknown whether an error exists in the
General Plan Map, but it is very unusual for commercial zoning
to be oddly placed between industrial designated properties,
without any adjoining commercial areas. It appears similar to
spot-zoning which is improper. The GPA will correct the map to
be more consistent with the expected and established industrial
land use pattern.
Case P-23-119-PZ
February 27,2024 Planning and Zoning Commission Staff Report
9
4 . Whether the proposed change is generally consistent with
goals, objectives, and other elements of the 2010 General
Plan.
Applicant Response: The GPA is proper because it removes an
oddly placed commercial designation which does not make sense
given its mid-block location and lack of any adjoining
Commercial uses or land use designations. Accordingly, the minor
GPA will actually bring this site into greater compatibility
with the surrounding land use plan and is more consistent with
the nature of the overall area along the arterial street
frontage.
5 . Whether the proposed change is justified by a change in
community conditions or neighborhood characteristics since
adoption of the Plan.
Applicant Response: The proposed change is consistent with the
evolving development pattern in this area of the community and
ultimately brings the site into greater compatibility with the
surrounding land use plan.
6 . Whether the amendment will adversely impact a portion of, or
the entire community by:
a. Significantly altering acceptable existing land use
patterns, especially in established neighborhoods .
Applicant Response: The GPA will not alter the existing land use
patterns since the activity along Baseline Road is industrial in
this area.
b. Significantly reducing the housing to jobs balance in the
Planning Area.
Applicant Response: This will improve the housing to job balance
since it will allow new employment, retain an existing business,
and allow room for expansion.
c. Substantially decreasing existing and future water
supplies .
Applicant Response: : The GPA will have no noticeable impact on
water supplies, especially since most of the site is reserved
for outdoor vehicle storage, which is not a water intensive use.
Case P-23-119-PZ
February 27,2024 Planning and Zoning Commission Staff Report
10
d. Replacing employment with residential uses .
Applicant Response: Not applicable.
e . Requiring additional and more expensive improvements to
infrastructure systems and/or proximity to municipal
facilities and/or services than are needed to support the
prevailing land uses and which, therefore, may impact the
level of service for existing and proposed developments in
other areas .
Applicant Response: The infrastructure is already in place to
serve the proposed development without triggering significant
upsizing of municipal facilities or impacting levels of service.
f. Increasing traffic (without mitigation measures) on
existing roadways beyond the planned level of service, and
that negatively impact existing and planned land uses .
Applicant Response: The development will add new offsite
improvements that will improve Baseline Road without negatively
impacting the existing uses, particularly because it is
consistent with the industrial uses planned and existing around
the site.
g. Affecting the existing character (i .e . , visual, physical
and functional) of the immediate area.
Applicant Response: his amendment is a solution for the broader
area because it brings this site into greater compatibility with
the surrounding land use plan and is more consistent with the
nature of the overall industrial area along the arterial street
frontage.
h. Increasing the exposure of residents to aviation generated
noise, safety and/or flight operations .
Applicant Response: Not applicable.
i . Materially diminishing the environmental quality of the
air, water, land, or cultural resources .
Case P-23-119-PZ
February 27,2024 Planning and Zoning Commission Staff Report
11
Applicant Response: The development is a low-intensity
industrial use with no manufacturing or operations that diminish
the environmental quality of the air, water, land, or cultural
resources.
j . Significantly altering recreational amenities such as open
space, parks, and trails .
Applicant Response: The use is located within an existing
industrial area. Thus, the development has no impact on
recreational amenities such as open space, parks, and trails.
PLANNING DIVISION RECOMMENDATION
In review of the project proposal, the conditions and context of
the subject site, Staff is supportive of the proposed rezoning
by planned development P-23-119-PZ and respectfully recommends
to the Commission a favorable recommendation to the City
Council, subject to the conditions of approval noted below. As
always, Commissioners may recommend changes or additional
conditions which they feel will improve the development plan.
RECOMMENDED MOTION FOR PLANNED DEVELOPMENT REZONING
I move that the Planning and Zoning Commission recommend to the
Apache Junction City Council the approval of planned development
rezoning case P-23-119-PZ, a request by Frances McGregor,
Phoenix Metro Towing to rezone Parcels 102-20-014C & 102-20-
014D, located near the northwest corner of Baseline Avenue
Boulevard and Tomahawk Road, from General Rural Low Density
Single-Family Detached Residential ("RS-GR") and Industrial by
Planned Development ("B-5/PD") to Industrial by Planned
Development ("B-5/PD") with a new planned development overlay to
authorize the development an office and tow yard, subject to the
following conditions of approval :
1) The development shall reflect substantial compliance and
consistency with the city' s zoning ordinance and the
planned development plans presented in case P-23-119-PZ,
incorporated by reference herein, and as otherwise
specified through these conditions of approval, to include
layout, elevations, setbacks, public and private rights-of-
ways, perimeter walls, landscaping and other improvements .
Case P-23-119-PZ
February 27,2024 Planning and Zoning Commission Staff Report
12
2) The building architecture of any future phases shall be
architecturally consistent with the presented conceptual
architecture approved in case P-23-119-PZ .
3) The front decorative screen wall must architecturally
complement the approved building architecture. All other
opaque screens wall located at the side and rear must at
minimum be painted or stained with an earth tone color.
4) Street improvements on East Baseline Avenue including but
not necessarily limited to the extension of pavement and
the provision of sidewalk, curb, gutter, streetlights,
underground utilities, fire hydrants, and landscaping shall
be required as part of this planned development project,
and subject to review and approval by the city engineer.
5) All applicable permits shall be applied for and plans shall
be designed to current city codes . Inclusively, all
applicable development fees, including public art fees,
shall be paid at the time of permit issuance .
6) Major deviations or proposed changes from the original
plans associated with this case will require a major
planned development amendment. The Director or their
designee shall interpret the proposed modification to be
significant/major if, in the Director or Designee' s
opinion, the quality of project design is diminished, the
types of proposed land uses are significantly altered
and/or the overall character of the project is contrary to
the intent and spirit of the original City Council PD
ordinance approval .
7) All perimeter walls/fences, and interior/exterior
landscaping within and immediately adjacent to the proposed
development, shall be owned and maintained in good
condition at all times by the property owners . The
developer may secure the walls with security wall spikes or
equivalent security features, but barbed wire or concertina
razor wire shall not be placed on top of the fence or be
visible from the public right-of-way.
8) The proposed vehicle impound storage areas within the
development shall be ground surfaced for dustproofing
purposes to meet the city' s requirements, as outlined in
the attached City of Apache Junction Ordinance 1316 .
Case P-23-119-PZ
February 27,2024 Planning and Zoning Commission Staff Report
13
9) After the rezoning, the lots APN 102-20-014C & 102-20-014D
shall be combined through the city' s lot combination
process .
10) Impounded vehicles shall not be stacked on top of each
other such that they are visible from the public right-of-
way. Storage shall not be visible from the public right-of-
way.
----------------------------------------------------------------
Prepared by Nich las Leftwich
Planner
Attachments :
Exhibit #1 - Project Narrative
Exhibit #2 - Proposed Site Plan, dated October 17, 2023
Exhibit #3 - Aerial Map
Exhibit #4 - Proposed Landscape Plan
Exhibit #5 - Proposed Elevations
Exhibit #6 - Proposed Lighting Plan
Exhibit #7 - Public Participation Report
Case P-23-119-PZ
February 27,2024 Planning and Zoning Commission Staff Report
o Q �
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Rezone &GPANarrative
600' west of the northwest corner of Baseline Road and Tomahawk Road,
Apache Junction
1" Submittal: December 5, 2023
2nd Submittal: February 1, 2024
Representative Property Applicant (BUYER)
Withey Morris Baugh, PLC Phoenix Metro Towing
2525 E. Arizona Biltmore Circle Ste. A-212 2244 W Apache Trail
Phoenix, AZ 85016 Apache Junction, AZ 85120
Contact: Adam Baugh Email: Shawn@PhoenixMetroTowing.com
Email: adam@witheymorris.com Phone: 480-242-4977
Phone: (602) 230-0600
TABLE OF CONTENTS
A. Introduction .............................................................................................................................. 2
a. About the Applicant...................................................................................................... 2
b. Property Description..................................................................................................... 2
c. Surrounding Zoning and Uses....................................................................................... 2
B. Request..................................................................................................................................... 3
C. Project Overview....................................................................................................................... 3
a. Site Plan Details............................................................................................................. 3
b. Design &Architecture................................................................................................... 3
c. Access & Parking........................................................................................................... 4
d. Landscaping................................................................................................................... 4
e. Lighting.......................................................................................................................... 4
D. PD Permitted Uses.................................................................................................................... 4
E. Development Standards.....................................................................................................................................5
F. Infrastructure........................................................................................................................................................5
G. General Plan Amendment(Minor)....................................................................................................................6
H. Conclusion.............................................................................................................................................................8
LIST OF EXHIBITS
1. Aerial Map
2. Zoning Map
3. Site Plan
4. Building Elevations
5. General Plan Map
Phoenix Metro Towing 11 P a g e
A. Introduction
I. About the Applicant
Phoenix Metro Towing has been an established brand in Apache Junction and reliable provider
of towing and roadside services since our incorporation in 1999. The company is currently
located at 2244 W Apache Trail between Napa Auto Supply and the Dairy Queen. Although they
have established themselves as a brand the community can trust at their current location, they
must advance their ventures in a direction parallel to the City's growth and expansion goals.
The company provides police and impound storage services to various cities, county and state
municipalities. As the city expands and grows to the south, expanding public services that
support public safety and infrastructure is necessary to the city. In addition, this development
plan creates more attractive employment opportunities for City residents, as it expands and adds
staff to support the company's operations.
Phoenix Metro Towing plans to develop 5 gross acres located approximately 600 feet west of the
northwest corner of Baseline Road and Tomahawk Road in Apache Junction (the "Property") for
a new tow yard and office facility. Approval of this request will allow the company to relocate to
an area more suitable for its expanding business goals in an industrial area that is compatible
with their use.
As detailed below, this development plan retains a key employer in the City and helps fulfill the
needs of a growing populace and City.
II. Property Description
The Property is composed of two parcels(102-20-014C and 102-20-014D) of vacant land,totaling
5 acres. After the rezoning, the lots APN 102-20-014C & 102-20-014D will be combined through
the city's lot combination process. The Property is currently zoned Industrial (B-5) along the
street frontage and Residential (RS-GR) in the back. See Aerial Map attached at Tab 1.
III. Surrounding Zoning and Uses
The property is uniquely situated between industrially zoned parcels(B-5). To the west is a septic
pumping company with outdoor storage, RV and boat storage, and other miscellaneous outdoor
industrial uses to the west. To the east is vacant land also zoned Industrial B-5.
To the north is a mobile home park zoned MHP, and to the south is vacant state land zoned RS-
GR. (RS-GR zoning is a generally a "holding"category until future development is proposed.Since
the parcel is owned by the State Land Department, no proposal for that land exists at this time.)
A little further south is the Apache Junction Land fill zoned Industrial B-5/PD
Phoenix Metro Towing 2 1 P a g e
See Existing Zoning Map at Tab 2.
B. Request
The existing zoning for the Property is Industrial (B-5) along the street frontage and Residential
(RS-GR) in the back. This application proposes to rezone the entire site to B-5/PD (Industrial with
a Planned Development Overlay) to allow a new office and tow yard. The Applicant seeks to
develop the Property in accordance with the B-5 zoning district to create a superior level of
industrial uses along this industrial corridor.
C. Project Overview
A. Site Plan
The development proposes two buildings.The first building is approximately 11,800 sf and is the
corporate office building, which will front Baseline Road. The second building, approx. 6,400 sf,
is located behind the first building which will be used for vehicle fleet maintenance. An outdoor
landscaped patio will separate the two buildings.
An enclosed towing and impound storage yard is located on the back portion of the Property. A
perimeter block wall will be installed around the tow yard to secure and screen vehicles. The
surface area will be composed of a dust free surface of asphalt paving, decomposed granite, or
other stabilized surface material.
The site will be enclosed by 8'-10' clock walls built out of 8x8x16 block with concertina wire on
the interior sides of the wall and screened gated to store impound vehicles and company trucks.
The concertina wire will follow the requirements of Apache Junction's Police Towing contract and
other state and county towing contracts. The wall serves as both security and to hide views of
stored impound vehicles, company trucks, materials, and concertina wire from the public. Site
Plan attached at Tab 3.
B. Design and Architecture
The two-story office building will be constructed from block and metal and will have two large
bay doors that resemble the exterior look of a fire station with a standing seam roof for an added
contemporary look. The building exterior will be a combination of stucco walls with colored
concrete blocks at the garage portion and stair tower. The building exterior colors are intended
to be contemporary but "desert friendly' to contrast with the low water use desert landscape.
Phoenix Metro Towing 3 1 P a g e
Variation on the line of a facade of the main building is intended to provide a shadow pattern,
with the intention of breaking the facade into smaller, more human scale elements. See building
elevations at Tab 4.
The office building will consist of offices, a training room, conference room, employee
breakroom, storage rooms, employee locker room, bathrooms upstairs and downstairs, a
customer lobby, and a service counter for vehicle releases, and two large garage bay areas.
C. Access& Parking
A right of way improvement will be developed on the southern border of the Site to access the
otherwise landlocked parcel. Access to the site is from Baseline Road from a gated driveway
serving the storage yard, and two other driveways serving fleet vehicles, employees, and
customers. Parking for employees and customers will be in front of the office building. Fleet
vehicle parking is west of the office building.
Parking will be subdivided by the user type. Guests will be provided with parking directly off a
drive from Baseline Road. Staff will park behind the main office building, with those drivers
parking their vehicle in a vacant tow truck parking space behind the security fence and
surrounded by the 10' high security wall.
D. Landscaping
Desert landscaping incorporated in the overall development of the site in compliance with the
City's standard. Plant species will be native to Arizona and with low water tolerance.
E. Lighting
Lighting on the site will be primarily pole mounted down lighting, except for those mounted on
the building, which will be oriented to the ground. All proposed exterior lighting on the Site shall
be "Dark Sky" compliant. Exterior fixtures will be downlit and fully shielded in accordance with
the City's General Plan to reduce light pollution and restore urban ecosystems. The correlated
color temperature (CCT) of lighting shall not exceed three thousand (3,000) Kelvins.
D. PD Permitted Uses
Permitted land uses include: 1) Office. 2) vehicle maintenance, 3) outdoor vehicle storage yard,
and 4) all other uses permitted in the B-5 zoning district.
Phoenix Metro Towing 4 1 P a g e
E. Development Standards
Development of the Project shall conform to the standards set forth in the B-5 Zoning District of
the Apache Junction Zoning Ordinance and the standards set forth in this PD Amendment.
Table A: Non-Residential Development Standards Table
B-5 PD Proposal
Min. lot area 15,000 sf Met
Min. Lot Width 75' Met
Min. Setbacks
Front 20' Met
Side 10, Met
Rear 10, Met
Street Side 10, Met
Front Parking 10, Met
Max. Height 35' Met
F. Infrastructure
A. Sewer and Water
An existing 12'-inch sewer line and water line exist within Baseline Road. The existing& proposed
water and wastewater system appears to be adequate to service the site.
B. Grading and Drainage
Grading and drainage will adhere to City of Apache Junction land development standards and
retain the 100-year 2-hour storm event. The site generally drains in a southerly direction.
Offsite drainage will be designed to enter the site at the existing roadway. These flows will be
captured and conveyed onsite using retention basins.
C. Required Off-Sites
Offsite improvements include roadway improvements, street lights, sidewalk, curb/drive cuts, sewer
and water taps and landscaping.
Phoenix Metro Towing 5 1 P a g e
G. General Plan Amendment (Minor)
The Apache Junction General Plan land use map designates the Property as Commercial. See
General Plan land use map at Tab 5. However, the Property is sandwiched between parcels on
both sides which are designated as Industrial. The applicant proposes a minor general plan
amendment to industrial to maintain consistency with the land use pattern along Baseline Road.
This project is supported by the goals, policies, and objectives of the General Plan. Updating the
General Plan will expand employment opportunities on this site to support the adjacent
commercial and employment in the area. This will be a win-win for all.
1) Whether the amendment proposes a land use designation that the Land Use Plan Map does
not adequately provide optional sites to accommodate.
The GPA provides a more appropriate land use designation for this property given the industrial
designations on both sides of the Property.
2) Whether the amendment constitutes an overall improvement to the General Plan, will not
solely benefit a particular landowner or owner at a particular point in time, and is
constituent with the overall intent of the 2020-2050 General Plan.
This amendment is a solution for the broader area because it brings this site into greater
compatibility with the surrounding land use plan and is more consistent with the nature of the
overall industrial area along the arterial street frontage.
3) Whether the proposed amendment is justified by an error in the 2020-2050 General Plan
as originally adopted.
It is unknown whether an error exists in the General Plan Map, but it is very unusual for
commercial zoning to be oddly placed between industrial designated properties, without any
adjoining commercial areas. It appears similar to spot-zoning which is improper. The GPA will
correct the map to be more consistent with the expected and established industrial land use
pattern.
4) Whether the proposed change is generally consistent with goals, objectives, and other
elements of the 2020-2050 General Plan.
The GPA is proper because it removes an oddly placed commercial designation which does not
make sense given its mid-block location and lack of any adjoining commercial uses or land use
designations. Accordingly, the minor GPA will actually bring this site into greater compatibility
with the surrounding land use plan and is more consistent with the nature of the overall area
along the arterial street frontage.
Phoenix Metro Towing 6 1 P a g e
5) Whether the proposed change is justified by a change in community conditions or
neighborhood characteristics since adoption of the Plan.
The proposed change is consistent with the evolving development pattern in this area of the
community and ultimately brings the site into greater compatibility with the surrounding land use
plan.
6) Whether the amendment will adversely impact portion of, or entire community by:
a) Significantly altering acceptable existing land use patterns, especially in established
neighborhoods.
The GPA will not alter the existing land use patterns since the activity along Baseline Road is
industrial in this area.
b) Significantly reducing the housing to jobs balance in the Planning Area.
This will improve the housing to job balance since it will allow new employment, retain an
existing business, and allow room for expansion.
c) Substantially decreasing existing and future water supplies.
The GPA will have no noticeable impact on water supplies, especially since most of the site is
reserved for outdoor vehicle storage, which is not a water intensive use.
d) Replacing employment with residential uses.
Not applicable.
e) Requiring additional and more expensive improvements to infrastructure systems
and/or proximity to municipal facilities and/or services than are needed to support the
prevailing land uses and which,therefor, may impact the level of service for the existing
and proposed developments in other areas.
The infrastructure is already in place to serve the proposed development without triggering
significant upsizing of municipal facilities or impacting levels of service.
f) Increasing traffic (without mitigation measures) on existing roadways beyond the
planned level of service, and that negatively impacts existing and planned land uses.
The development will add new offsite improvements that will improve Baseline Road without
negatively impacting the existing uses, particularly because it is consistent with the industrial uses
planned and existing around the site.
Phoenix Metro Towing 7 1 a g e
g) Affecting the existing character (i.e., visual, physical, and functional) of the immediate
area.
This amendment is a solution for the broader area because it brings this site into greater
compatibility with the surrounding land use plan and is more consistent with the nature of the
overall industrial area along the arterial street frontage.
h) Increases the exposure of residents to aviation generated noise, safety and /or flight
operations.
Not applicable.
i) Materially diminishing the environmental quality of the air, water, land, or cultural
resources.
The development is a low-intensity industrial use with no manufacturing or operations that
diminish the environmental quality of the air, water, land, or cultural resources.
a) Significantly altering recreational amenities such as open space, parks, and trails.
The use is located within an existing industrial area. Thus, the development has no impact on
recreational amenities such as open space, parks, and trails.
H. Conclusion
This rezone and GPA provide the highest and best use for this site. This is an excellent low-impact
employment use situated between industrial uses (both planned and existing). While it also
involves a minor GPA, this request is consistent with the City's General Plan map for the parcels
on both sides, and this change furthers several of the General Plan goals, including employemnt
goals.
Developing the Property per our proposal will provide additional support to the city as the area
continues to grow. Rezoning the Property will not jeopardize the health, safety, and welfare of
surrounding inhabitants. In fact, approval of our request will allow for a better use of the Site
that aligns with existing use of surrounding developments.
Phoenix Metro Towing 8 1 P a g e
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RETENTION AREA RETENTION AREA ■N X N
PROJECT NARRATIVE 4� M
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CURB The project site faces an existing major arterial street on the South side and an existing
DECOMPOSED ■0 Q-
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PROPOSED VEHICLE GRANITE residential development on the North. To mitigate the transition on the North side, adjacent L C)
IMPOUND LOTCO
to the residential development, the area. ._ 0 �
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Building Description: The front two-story building will be approximately 11 ,811 sq. ft. with �
two garage bays to house two heavy wrecker tow trucks, a main two story office building, Y E cn
facing Baseline Road. An outdoor landscaped patio will be created on the North side of this _
building. A second building will be placed behind the main building, which will be designed N
to house a three bay vehicle service building. QCL
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block at the garage portion and stair tower. Windows will be shaded with a perforated �N C
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Corten steel screen. The vehicle doors will mimic the color of the metal window screening. 0)�
RETENTION AREA The exterior colors are intended to be contemporary but "desert friendly", to contrast with 5E r +.� (N
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the low water use desert landscape. Variation on the line of the fagade of the main building ■� o
is intended to provide a shadow pattern, with the intention of breaking that fagade into N CIO
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smaller, more human scale elements.
RETENTION AREA The vehicle service building will maintain the color pallet of the main office building. Again, Mo
DECOMPOSED the large rollu doors will be the same as those in the main building. The buildingwalls will N
GRANITE g p g' 30
match the color of the stucco portion of the main building as well. It is intended that this �0
building become a background for main building on the site.
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The landscape setback area around the buildings and secure vehicle storage area will be
c N
desert friendly. The setback at the North property line may be used for onsite retention. If22
the retention area is required to be greater than 1 Oft, it will also be landscaped in a similar m
fashion, increasing the screening of the property from the residential use on the North end
I _
of the site. Landscape on the South end of the property will be of significant scale, though =�
not dense, in order to emphasize the building setback. `" °'
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mounted on the buildings, which will be oriented to the ground. (�
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PARKING FENCE drive from Baseline Road. Staff will park behind the main office building, with those drivers aN
PARKING FENCE parking their vehicle in a vacant tow truck parking space behind the security fence and
ca LU E
DECOMPOSED TRASH/ surrounded but the 10' high security wall. Impound lot parking will be on a dust free surface L�
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ASPHALT I FLEET MAINTENACE LEGAL DESCRIPTION ON
BUILDING 0a
6,400 SQFT. 10, 10' PROPERTY WALL
10' PROPERTY WALL 10 Legal description per Chicago Title Insurance company commitment for title insurance with0.
/ file. No. ST78230023, having an effective date of February 7, 2023. E
The land referred to herein below is situated in the county of Pinal, State of Arizona and Na
°
described as follows:
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° The East half of the Southwest quarter of the Southeast quarter of the Southeast quarter of
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Section 33, Township 1 North, Range 8 East of the Gila and Salt River Base and Meridian, ° f q�
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Pinal County, Arizona.
ASPHALT 0a G 691g
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FLEET VEHICLE PARKING
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& EMPLOYEE PARKING PTI _ PROJECT DATA2-6
jR�S
DECOMPOSED
GRANITE
PROJECT ADDRESS:
PARKING FENCE N�LD
project number
30' APN: 102-20-014C & 102-20-014D
30' GATE 20230003
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10' 10' PROPERTY WALL BUILDING CODES: 2018 IBC, 2018 IRC, 2018 IFC, 2017 NEC, 2018 IMC, 2018 IFGC, +o —
` 2018 IEBC, 2018 IECC, 2018 ISPSC, 2010 ADA Standards for accessible design °�a
LANDSCAPE
date of issue
ISLAND
, PHASE - 1 ZONED: RS-GR & B-5/PD
TOWING OFFICE 1 O. 1 7.23
WALL ON THE BUILDING WITH wmu
PROPERTY LINE 10' TRUCK GARAGE OCCUPANCY: B MN
16' 49' ., 34' 11,811 SQFT.
DROP YARD BUILDING AREA: PHASE - 1 = 11 ,811 s.f; PHASE - 2 = 6,400 s.f. y1 revisions
& RELEASE AR A 50
L Em
ASPHALT ,.. . . siDEwALK LAN DSCAPE MAXIMUM HEIGHT OF BUILDINGS:
LANDSCAPE PHASE 1 BUILDING : 30' - 0"
D DAMPHASE 2 BUILDING : 28' - 0"
9' 9' 9'.1. 7, o�
0
10' SITE WALL 10' SITE WALL 71 - oCID
ASPHALT N SITE AREA: 209,130 s.f.
LANDSCAPE project team
ISLAND 30 9 9 9
SECURITY OFFICE I 22
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10' 30'GATE �
10' SITE WALL 30'GATE N=
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20' FRONT SETBACK o
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N LANDSCAPE REZONING
SIDEWALK - - - _ — — - - - - - - NJ NJ
— — - - - - - - - - — - - - - - SIGN WALL \\
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ASPHALT ASPHALT - ASPHALT „ sheet contents
SITE PLAN NORTH \\
\\ site plan
U_ EDGE OF PAVEMENT SCALE: 1" = 30'
J
EAST BASELINE AV 3°' 6°'
M 11 sheet number
EDGE OF PAVEMENT
producedDISCLAIMER:This map was
informationaland is not the intended use. The use of this map is for
GIS . • purposes
provided.expressed or implied,regarding the reliability of the information
19
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•
LEGEND City of Apache Junction
Municipal Boundary Rental Residential&MH/RV Parks Case History Utility Easement nN
0 Apache Junction Parcels Right-of-way I\
Final County CITY OF APACHE JUNCTION IL Dedicated Right-of-way
County Boundary PINAL COUNTY Vacated Right-of-way
Subdivisions Addresses t Public Easement February 21, 2024
0 0.02 0.04
mi
Content maintained by the Apache Junction GIs Division
LANDSCAPE ARCHITECT:
3 8 PROJECT DATA TABLE
Caryn Logan Heaps RLA
• • • ndscape architecture
Brain and Brawn LLC
• GROSS SITE AREA 209,130 S.F. __
1538 W. Elliot Rd. Suite 102 N
• Gilbert, AZ 85233 ?\ N
co
480.560.2787
EXISTING ZONING RS-6R, B-5/PD caryn0landsca pea rchitecturebab.co X L. �
m r
N M
LOT COVERAGE 8.7% •0 (D CF)
GROSS FLOOR AREA OF s ,t
PROPOSED BUILDINGS o �
18,211 S.F. ;_? •— O CO
aMN
7 7 7 LANDSCAPE AREA 33,718 S.F.
8 • o = CO
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• LL /_ C O
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o PLANTING LEGEND- ALL TREES SHALL MEET ANA STANDARDS FOR CALIPER SIZE �3 O 00
• Sym Scientific/Common Name Size QT' Notes
NY
• o U N
•
L G� o
e Cordia parviflora 5 gal 31 ao �—
• Little-leaf Cordia a2 V
L
Lantana 'Radiation', 'Dallas Red' 5 gal 70
Red Lantana
4=_
3:0
30
• Leucophyllum frutescens'Green Cloud' 5 gal 94
• 3E
Texas Sage
O T
NQ
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Muhlenbergia rigens 5 gal 22
f/
Deer Grass 1
o
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7 7 Olneya tesota 24"box 7 multistem E
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Ironwood 36"box 10 so
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Pistacia 'Red Push' 24"box 3 2E
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Red Push Pistachio 36"box 4 "a
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Proso is hybrid 24"box 19 multistem Q
Seedless Mesquite �3 r I1 1 0
• Simmondsia chinensis 5 gal 48 z
° • Jojoba zr
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• W- O I I I
• Vauquelinia californica 5 gal 39 Lo W E N
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3 Arizona Rosewood r=_ O O
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• Decomposed Granite 33,718 S.F. E p
2"Depth Minimum 06 0-
Apache Brown 3a w
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•
NOTES X Z Z it
3 Em — H� N
1. ALL LANDSCAPE AREAS SHALL BE IRRIGATED BY A AUTOMATIC Ec z W Q
7 IRRIGATION SYSTEM.
LJ — 2. THERE ARE NO PLANT MATERIALS ELIGIBLE FOR SALVAGE OR o3 m O
o U I X REMAIN-IN-PLACE ON THE SITE oc = }, V
• 3. ALL LANDSCAPE VEGETATION SHALL BE LOCATED A MINIMUM OF
• I THIRTY-SIX INCHES (36") FROM ALL PUBLIC STREET LIGHTS AND oo Dj
PULLBOXES. ALL TREES SHALL BE LOCATED MINIMUM OF TWENTY - Ea
FEET (20') FROM OUTSIDE BASE OF THE TREE TO ALL PUBLIC STREET i ow
LIGHTS POLES AND PULLBOXES '
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Citizen Participation Report
600' west of the northwest corner of Baseline Road and Tomahawk Road,
Apache Junction
Representative Property Applicant (BUYER)
WitheV Morris Baugh, PLC Phoenix Metro Towing
2525 E. Arizona Biltmore Circle Ste. A-212 2244 W Apache Trail
Phoenix, AZ 85016 Apache Junction, AZ 85120
Contact: Adam Baugh Email: Shawn@PhoenixMetroTowing.com
Email: adam@witheymorris.com Phone: 480-242-4977
Phone: (602) 230-0600
Outreach and Notification Timeline
• January 11, 2024: First rezoning neighborhood open house meeting notice letters mailed to
all property owners within 500 feet of the Property and planning staff. See Tab 1, Mailing List
and Mailed Notice with Exhibits.
• January 22, 2024: Neighborhood open house meeting held at Central Arizona College
Superstition Mountain Campus, located approximately 3 miles from the subject site.
Public Meeting Dates and Locations
Date: Monday,January 22, 2024
Time:
6:00 PM
Location:
Central Arizona College—Superstition Mountain Campus
B-126 Community Room
805 S. Idaho Rd
Apache Junction, AZ 85119
Public Meeting Summary
The open house meeting was hosted by the applicant and development team at Central Arizona College,
located approximately 3 miles from the subject site.The meeting notice was mailed to all property
owners within 500 feet of the Property. A representative from City of Apache Junction planning staff
was the only attendee.
Phoenix Metro Towing 11 P a g e
TAB 1
' WITHEY
IIMORRIS
BAUGH
January 11, 2024
Re: Neighborhood Meeting Notification for Phoenix Metro Towing (Case No. P-23-119-PZ)
Dear Property Owner or Neighborhood Association Representative:
The purpose of this letter is to inform you that a neighborhood meeting is scheduled to review and
solicit public input regarding an application to rezone the 5-acre property located approximately 600 feet west
of the northwest corner of Baseline Road and Tomahawk Road, in the City of Apache Junction, Arizona (the
"Property") from B-5 and RS-GR to B-5/PD. The application also includes a minor General Plan amendment.
Please see the attached aerial map.
The applicant, Phoenix Metro Towing, has been an established brand in Apache Junction and a reliable
provider of towing and roadside services since its incorporation in 1999. It plans to develop 5 gross acres for a
new tow yard and office facility. Approval of this application will allow the company to relocate to an area
more suitable for its expanding business goals in an industrial area that is compatible with its use. The
requested zoning district and General Plan land use designation are consistent with the neighboring properties
to the east and west and the development pattern along Baseline Road.
The neighborhood meeting will provide an opportunity for individuals to learn more about the
application and provide input regarding the proposal. You are welcome to attend the meeting as follows:
Neighborhood Meeting
Date: Monday, January 22, 2024
Time: 6:00 PM
Location: Central Arizona College—Superstition Mountain Campus
B-126 Community Room
805 S. Idaho Rd
Apache Junction,AZ 85119
Please feel free to contact me via e-mail at hares@wmbattorneys.com or by telephone at (602) 230-
0600 should you have any questions or comments regarding this proposal. You may also contact Nicholas
Leftwich, Planning with the City of Apache Junction at nleftwich@apachejunctionaz.gov or by telephone at
(480) 474-8575. Thank you for your courtesy and consideration.
Sincerely,
WITHEY MORRIS BAUGH P.L.C.
By
Alex Hayes
Enclosures: Site Aerial, Site Plan, Landscape Plan
04
Aerial M
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WITHEV MORRIS BAUGH
LANDSCAPE ARCHITECT:
3 8 PROJECT DATA TABLE
4f
PFcaryn Logan Heaps RLA
• - - • : • • • • landscape architecture
• Brain and Brawn LLC t
GROSS SITE AREA 209,130 S.F. 1539 W. Elliot Rd. suite 102 •0 N
• Gilbert, AZ 85233
480.560.2787
EXISTING ZONING RS-6R, B-5/PD carynOlandscapearchitecturebab.com X 2
L E `�
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LOT COVERAGE 8.7% O N
GROSS FLOOR AREA OF ��+ C)
PROPOSED BUILDINGS O �
•—18,211 S.F. ;_? O CO
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7 7 7 • LANDSCAPE AREA 33,718 S.F. O
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• Sym Scientific/Common Name Size QT' Notes
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o Cordia parviflora 5 gal 31 N_ cO
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• NOTES X
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1. ALL LANDSCAPE AREAS SHALL BE IRRIGATED BY A AUTOMATIC z W O Q
• 7 IRRIGATION SYSTEM. w 0 cA C_
7 — 2. THERE ARE NO PLANT MATERIALS ELIGIBLE FOR SALVAGE OR o3 0 m O_
REMAIN-IN-PLACE ON THE SITE
• x 3. ALL LANDSCAPE VEGETATION SHALL BE LOCATED A MINIMUM OF ma`s = U) C:
• I THIRTY-SIX INCHES (36") FROM ALL PUBLIC STREET LIGHTS AND W
00
PULLBOXES. ALL TREES SHALL BE LOCATED MINIMUM OF TWENTY Ea
N C
FEET (20') FROM OUTSIDE BASE OF THE TREE TO ALL PUBLIC STREET , o�
LIGHTS POLES AND PULLBOXES
X �., ..
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HEAPS
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VIEW TRIANGLE, 30'x30', NO PLANTING OVER 36'' IN HEIGHT • ��
7 Lantana Radiation Leucophylum Frutescens Simmondsia Chinensis-
° SIGN WALL,SEE SITE PLAN Red Lantana Texas Sage Jojoba
• • _ _ �6 ME
SECURITY OFFICE
• 9 • o — �3
— _ ❑7 SITE LIGHT
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10 NEW MASONRY WALL,SEE SITE PLAN �''��
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CONCEPTUAL DESIGN
Phoenix Metro Towing \\ sheet contents
4 1 4 1 4 1 N \\ LANDSCAPE PLAN
Call at least two full working days sheet number
before ou be in excavation. ??
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Ar€maa BIUD S1aka M� 0 40' 80' \\
Dial 8-1.1 or 1-800-STAKE-IT(742-5348)
In Maricapa County.,(602)263.1100
SCALE: 1"=40'-0"
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RETENTION AREA RETENTION AREA ■N X N
PROJECT NARRATIVE 4� M
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CURB The project site faces an existing major arterial street on the South side and an existing
DECOMPOSED ■0 Q-
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IMPOUND LOTCO
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Building Description: The front two-story building will be approximately 11 ,811 sq. ft. with �
two garage bays to house two heavy wrecker tow trucks, a main two story office building, Y .� v,
facing Baseline Road. An outdoor landscaped patio will be created on the North side of this _
building. A second building will be placed behind the main building, which will be designed N
to house a three bay vehicle service building. QCL
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block at the garage portion and stair tower. Windows will be shaded with a perforated �N C
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Corten steel screen. The vehicle doors will mimic the color of the metal window screening. 0)�
RETENTION AREA The exterior colors are intended to be contemporary but "desert friendly", to contrast with 5E r +■� (N
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the low water use desert landscape. Variation on the line of the fagade of the main building ■� o
is intended to provide a shadow pattern, with the intention of breaking that fagade into N CIO
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smaller, more human scale elements.
RETENTION AREA The vehicle service building will maintain the color pallet of the main office building. Again, Mo
DECOMPOSED the large rollu doors will be the same as those in the main building. The buildingwalls will N
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match the color of the stucco portion of the main building as well. It is intended that this �0
building become a background for main building on the site.
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The landscape setback area around the buildings and secure vehicle storage area will be
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desert friendly. The setback at the North property line may be used for onsite retention. If22
the retention area is required to be greater than 1 Oft, it will also be landscaped in a similar m
fashion, increasing the screening of the property from the residential use on the North end
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of the site. Landscape on the South end of the property will be of significant scale, though =�
not dense, in order to emphasize the building setback. `" °'
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PARKING FENCE drive from Baseline Road. Staff will park behind the main office building, with those drivers aN
PARKING FENCE parking their vehicle in a vacant tow truck parking space behind the security fence and
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/ file. No. ST78230023, having an effective date of February 7, 2023. E
The land referred to herein below is situated in the county of Pinal, State of Arizona and Na
described as follows:
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project number
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` 2018 IEBC, 2018 IECC, 2018 ISPSC, 2010 ADA Standards for accessible design °�a
LANDSCAPE
date of issue
ISLAND
, PHASE - 1 ZONED: RS-GR & B-5/PD
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WALL ON THE BUILDING WITH wmu
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10' OCCUPANCY: B �N
16' 49' ., 34' 11,811 SQFT.
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& RELEASE AR A 50
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• •
Easy Peel- • - - plates
4RB PROPERTIES LLC AMERICANA BUILDING PRODU.. Nicholas Leftwich
City
1737 E JACKSON ST PO BOX 1290 Development Services
PHOENIX, AZ 85034 SALEM, IL 62881 300 E. Superstition Blvd
Apache Junction, AZ 85119
LORENZ LESTER LEE JR & CAT. AMERICANA BUILDING PRODU ..
2282 N GRAND DR PO BOX 1290
APACHE JUNCTION, AZ 85120 SALEM, IL 62881
1180 LLC AMERICANA BUILDING PRODU.
2550 N 87TH ST PO BOX 1290
MESA, AZ 85207 SALEM, IL 62881
MURCHISON DANIEL T QUAIL RUN MHP
3825 S CACTUS RD PO BOX 1848
APACHE JUNCTION, AZ 85119 PROVO, UT 84603
LONGMIRE MICHAEL FAM TRU . 1180 LLC
PO BOX 759 2550 N 87TH ST
WILLCOX, AZ 85644 MESA, AZ 85207
CODCO LLC 4RB PROPERTIES LLC
3780 S CACTUS RD 1737 E JACKSON ST
APACHE JUNCTION, AZ 85119 PHOENIX, AZ 85034
CENTRAL ARIZONA COUNCIL 0... LONGMIRE MICHAEL FAM TRU ..
PO BOX 3670 PO BOX 759
APACHE JUNCTION, AZ 85117 WILLCOX, AZ 85644
TOMAHAWK & BASELINE LLC TOMAHAWK & BASELINE LLC
MAIL RETURN MAIL RETURN
AMERICANA BUILDING PRODU. . STATE OF ARIZONA
PO BOX 1290 1616 W ADAMS ST
SALEM, IL 62881 PHOENIX, AZ 85007
TOMAHAWK & BASELINE LLC
MAIL RETURN
. - - -
ORDINANCE NO. 1548
AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY
OF APACHE JUNCTION, ARIZONA, APPROVING A REZONING BY
PLANNED DEVELOPMENT AND MINOR GENERAL PLAN AMENDMENT AS
DESCRIBED IN CASE P-23-119-PZ, AS REQUESTED BY FRANCES
MCGREGOR OF PHOENIX METRO TOWING; ADOPTING BY REFERENCE
THAT CERTAIN DOCUMENT ENTITLED "'LEGAL DESCRIPTIONS AND
ZONING CONDITIONS OF CASE NO. P-23-119-PZ AUTHORIZED
UNDER ORDINANCE NO. 1548"; REPEALING ANY CONFLICTING
PROVISIONS; AND PROVIDING FOR SEVERABILITY.
WHEREAS, Frances McGregor of Phoenix Metro Towing submitted
a rezoning by planned development and minor general plan amendment
request to approve the use of a towing company office and tow yard
on the property described in case P-23-119-PZ; and
WHEREAS, on February 27, 2024, the Apache Junction Planning
and Zoning Commission held a public hearing and voted 6 : 0 to
recommend approval of case P-23-119-PZ, subject to the conditions
prescribed therein; and
WHEREAS, the city council hereby determines that the proposed
rezoning by planned development request conforms to all of the
general criteria as specified in Apache Junction City Code, Volume
II, Land Development Code, Chapter 1 : Zoning Ordinance, Article
1-4 : Zoning Districts, Section 1-4-3, Planned Development ("PD")
Overlay District, and Article 1-5 : Zoning Bulk and Use Regulations;
and
WHEREAS, the city council has determined the adoption of this
ordinance will have no negative impact on the cost to construct
housing for sale or rent as delineated under A.R. S . § 9-462 . 01 (J) ;
and
WHEREAS, A.R. S . § 9-802 permits municipalities to enact the
provisions of a code or public record theretofore in existence
without setting forth such provisions in full text as long as the
adopting ordinance is published in full text and at least one paper
copy of the code changes or public record are filed in the office
of the clerk of the municipality and an electronic copy is
accessible on the city' s website and made available for public
inspection.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL
OF APACHE JUNCTION, ARIZONA, AS FOLLOWS :
ORDINANCE NO. 1548
PAGE 1 OF 2
SECTION I IN GENERAL
1 . That the rezoning by planned development and minor general
plan amendment as recommended by the planning and zoning
commission for case P-23-119-PZ, is approved with conditions
incorporated by reference in number 2 below.
2 . That certain document entitled "Legal Descriptions and
Zoning Conditions of Case No. P-23-119-PZ authorized under
Ordinance No. 1548", one paper copy and one electronic copy
which are accessible on the city' s website and filed in the
office of the city clerk, which document was made a public
record by Resolution No. 24-11 of the City of Apache
Junction, is hereby referred to, adopted and made a part
hereof as if fully set out in this ordinance, pursuant to
A.R. S . § 9-802 .
SECTION II REPEALING ANY CONFLICTING PROVISIONS :
All ordinances and parts of ordinances in conflict with the
provisions of this ordinance are hereby repealed.
SECTION III PROVIDING FOR SEVERABILITY:
If any section, subsection, sentence, phrase, clause or portion of
this ordinance is for any reason held to be invalid or
unconstitutional by the decision of any court of competent
jurisdiction, such decision shall not affect the validity of the
remaining portions thereof.
PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
APACHE JUNCTION, ARIZONA, THIS 19TH DAY OF MARCH, 2024 .
SIGNED AND ATTESTED TO THIS DAY OF , 2024 .
WALTER "CHIP" WILSON
Mayor
ATTEST:
JENNIFER PENA
City Clerk
APPROVED AS TO FORM:
RICHARD JOEL STERN
City Attorney
ORDINANCE NO. 1548
PAGE 2 OF 2
RESOLUTION NO. 24-11
A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY
OF APACHE JUNCTION, ARIZONA, DECLARING AS A PUBLIC
RECORD THAT CERTAIN DOCUMENT FILED WITH THE CITY CLERK
AND ENTITLED "LEGAL DESCRIPTIONS AND ZONING CONDITIONS
OF CASE NO. P-23-119-PZ AUTHORIZED UNDER ORDINANCE NO.
1548"; REPEALING ANY CONFLICTING PROVISIONS; AND
PROVIDING FOR SEVERABILITY.
WHEREAS, Frances McGregor of Phoenix Metro Towing submitted
a rezoning by planned development request to approve the use of
a towing company office and tow yard on the property described
in case P-23-119-PZ, which case was presented to the planning
and zoning commission on February 27, 2024 and forwarded with a
vote of 6 : 0 recommending case approval to the city council for
its March 19, 2024 public hearing; and
WHEREAS, Arizona Revised Statutes Annotated (hereinafter
"A.R. S . ") § 9-802 permits municipalities to enact the provisions
of a code or public record in existence without setting forth
such provisions in full text as long as the adopting ordinance
is published in full text, and one paper copy is filed with the
city clerk and an electronic copy is accessible on the city' s
website, with both made available for public use and inspection;
and
WHEREAS, pursuant to A.R. S . §§ 9-801 (1) and 9-802, such
codes include zoning conditions approved in zoning case
amendments; and
WHEREAS, city staff has identified such provisions herein,
and it is the intent of the city to declare such documents and
compilations as public records, on file in the office of the
city clerk; and
WHEREAS, that certain document "Legal Descriptions and
Zoning Conditions of Case No. P-23-119-PZ authorized under
Ordinance No . 1548", includes the legal descriptions for the
parcels and conditions of approval for the rezoning by planned
development case P-23-119-PZ .
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA AS FOLLOWS :
RESOLUTION NO. 24-11
PAGE 1 OF 2
SECTION I IN GENERAL
That certain document entitled the "Legal Descriptions and
Zoning Conditions of Case No. P-23-119-PZ authorized under
Ordinance No. 1548" of which at least one paper copy is on
file with the city clerk and one electronic copy of which
is accessible on the city' s website
(www.apachejunctionaz .gov) , is hereby declared to be a
public record, and shall be made available for public use
and inspection.
SECTION II REPEALING ANY CONFLICTING PROVISIONS
All resolutions and parts of resolutions in conflict with the
provisions of this resolution or any part of the codes adopted
herein, are hereby repealed.
SECTION III PROVIDING FOR SEVERABILITY
If any section, subsection, sentence, phrase, clause or portion
of this resolution or any part of the codes or regulations
adopted herein is for any reason held to be invalid or
unconstitutional by the decision of any court of competent
jurisdiction, such decision shall not affect the validity of the
remaining portions thereof.
PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
APACHE JUNCTION, ARIZONA, THIS 19TH DAY OF MARCH, 2024 .
SIGNED AND ATTESTED TO THIS DAY OF , 2024 .
WALTER "CHIP" WILSON
Mayor
ATTEST:
JENNIFER PENA
City Clerk
APPROVED AS TO FORM:
RICHARD JOEL STERN
City Attorney
RESOLUTION NO. 24-11
PAGE 2 OF 2
LEGAL DESCRIPTIONS AND ZONING CONDITIONS OF CASE
NO . P-23-119-PZ AUTHORIZED UNDER ORDINANCE NO .
1548
1
A) The mayor and council passed Ordinance No. 1548 on March 19,
2024, which approved the rezoning by planned development and
minor general plan amendment of the parcels located near the
northwest corner of W. Baseline Avenue and S . Tomahawk Road,
Apache Junction, Arizona, legally described as follows :
APN 102-20-014C:
The East half of the Southwest quarter of the Southeast
quarter of the Southeast quarter of Section 33, Township 1
North, Range 8 East of the Gila and Salt River Base and
Meridian, Pinal County, Arizona;
Excluding the South 100 Feet thereof; and
APN 102-20-014D:
The South 100 Feet of the East half of the Southwest quarter
of the Southeast quarter of the Southeast quarter of Section
33, Township 1 North, Range 8 East of the Gila and Salt River
Base and Meridian, Pinal County, Arizona.
B) The approval is subject to the following zoning conditions :
1) The development shall reflect substantial compliance and
consistency with the city' s zoning ordinance and the
planned development plans presented in case P-23-119-PZ,
incorporated by reference herein, and as otherwise
specified through these conditions of approval, to include
layout, elevations, setbacks, public and private rights-of-
ways, perimeter walls, landscaping and other improvements .
2) The building architecture of any future phases shall be
architecturally consistent with the presented conceptual
architecture approved in case P-23-119-PZ .
3) The front decorative screen wall must architecturally
complement the approved building architecture. All other
opaque screens wall located at the side and rear must at
minimum be painted or stained with an earth tone color.
4) Street improvements on East Baseline Avenue including but
not necessarily limited to the extension of pavement and
the provision of sidewalk, curb, gutter, streetlights,
underground utilities, fire hydrants, and landscaping shall
be required as part of this planned development project,
2
and subject to review and approval by the city engineer.
5) All applicable permits shall be applied for and plans shall
be designed to current city codes . Inclusively, all
applicable development fees, including public art fees,
shall be paid at the time of permit issuance .
6) Major deviations or proposed changes from the original
plans associated with this case will require a major
planned development amendment. The Director or their
designee shall interpret the proposed modification to be
significant/major if, in the Director or Designee' s
opinion, the quality of project design is diminished, the
types of proposed land uses are significantly altered
and/or the overall character of the project is contrary to
the intent and spirit of the original City Council PD
ordinance approval .
7) All perimeter walls/fences, and interior/exterior
landscaping within and immediately adjacent to the proposed
development, shall be owned and maintained in good
condition at all times by the property owners . The
developer may secure the walls with security wall spikes or
equivalent security features, but barbed wire or concertina
razor wire shall not be placed on top of the fence or be
visible from the public right-of-way.
8) The proposed vehicle impound storage areas within the
development shall be ground surfaced for dustproofing
purposes to meet the city' s requirements, as outlined in
the City of Apache Junction Ordinance No. 1316, on file
with the Apache Junction City Clerk.
9) After the rezoning, the lots APN 102-20-014C & 102-20-014D
shall be combined through the city' s lot combination
process .
10) Impounded vehicles shall not be stacked on top of each
other such that they are visible from the public right-of-
way. Storage shall not be visible from the public right-of-
way.
3
►P�"E�c�, City of Apache Junction, Arizona 300 E Superstition
Boulevard
� 0 Agenda Item Cover Sheet Apache Junction,AZ
85119
Agenda Item No. 5.
Piz File ID: 24-144
Sponsor: Erika Hernandez Agenda Date: 3/18/2024
Index: In Control: City Council Work Session
Presentation and discussion of Ordinance No.1546, approving a text amendment to the Apache
Junction City Code, Volume Il, Land Development Code, Chapter 1: Zoning Ordinance, Article
1-17: § 1-17-1 Definitions, Recreational Vehicle; repealing any conflicting provisions; and
providing for severability.
City of Apache Junction,Arizona Page 1 Printed on 311412024
ORDINANCE NO. 1546
AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY
OF APACHE JUNCTION, ARIZONA, AMENDING APACHE JUNCTION
CITY CODE, VOLUME II, LAND DEVELOPMENT CODE, CHAPTER 1 :
ZONING ORDINANCE, BY REPEALING AND REPLACING A TERM
UNDER ARTICLE 1-17 : § 1-17-1 DEFINITIONS, RECREATIONAL
VEHICLE; REPEALING ANY CONFLICTING PROVISIONS; PROVIDING
FOR SEVERABILITY; AND PROVIDING FOR PENALTIES .
WHEREAS, on September 5, 2023, the city council approved a
text amendment to modify the parking regulations of the Apache
Junction City Code ("A.J.C.C. ") , Volume II, Land Development
Code, Chapter 1 : Zoning Ordinance, Article 1-7 : Parking, Loading
and Circulation Regulations, for the allowable number of
recreational vehicles on single-family residential lots with at
least one gross acre and added recreational vehicle types; and
WHEREAS, the planning and zoning commission met on January
23, 2024, to discuss the proposed amendments; and
WHEREAS, on February 27, 2024, the planning and zoning
commission unanimously recommended approval of a new definition of
"Recreational Vehicle" to the city council; and
WHEREAS, pursuant to A.R. S . § 9-462 . 01 (J) , the city council
finds there is no negative impact this new definition will have
on the cost to construct housing for sale or rent.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL
OF THE CITY OF APACHE JUNCTION, ARIZONA, AS FOLLOWS :
SECTION I IN GENERAL
That the existing Apache Junction City Code, Volume II, Land
Development Code, Chapter 1 : Zoning Ordinance, Article 1-17 : §
1-17-1 Definitions, RECREATIONAL VEHICLE, be amended as follows :
RECREATIONAL VEHICLE . A vehicle or unit shall be described
as one (1) or more of the following:
(1) MOTOR HOME. Designed to provide temporary living
quarters for recreational, camping or travel use, and
built on or permanently attached to a self-propelled
motor vehicle chassis or on a chassis cab or van that
is an integral part of the completed vehicle. This
includes :
(a) CLASS A. Vehicles built on a motorhome
specific chassis by a recreational vehicle
manufacturer, including a motorized toy hauler.
ORDINANCE NO. 1546
PAGE 1 OF 3
(b) CLASS B. Vans converted for recreational
vehicle use by a recreational vehicle
manufacturer.
(c) CLASS C. Vehicles built on a van or truck
chassis with the original van or truck front
intact by a recreational vehicle manufacturer.
(d) CAMPER VAN. Cargo or passenger van converted
into a recreational vehicle by a professional or
do-it-yourself ("DIY") .
(2) PARK MODEL. Built on a single chassis, mounted on
wheels and designed to be connected to utilities
necessary for operation of installed fixtures and
appliances and has a gross trailer area of not less
than three-hundred and twenty (320) square feet and
not more than four hundred (400) square feet when it
is set up.
(3) TRAVEL TRAILER. A trailer mounted on wheels and
designed to connect to a hitch, designed to provide
temporary living quarters for recreational, camping or
travel use . This includes :
(a) CONVENTIONAL TRAVEL TRAILER. A trailer
designed to be drawn by a motor vehicle and is
constructed so that no part of its weight rests
on the towing vehicle.
(b) FIFTH-WHEEL TRAVEL TRAILER. A trailer
designed to connect to a hitch so that some part
of its weight and that of its load rests on or is
carried by another vehicle.
(c) HYBRID TRAILER. A trailer with expandable
ends, pop-out beds, designed to be drawn by a
motor vehicle and is constructed so that no part
of its weight rests on the towing vehicle.
(d) POP-UP OR TENT CAMPER. A trailer that folds
down small for storage and towing, designed to be
drawn by a motor vehicle and is constructed so
that no part of its weight rests on the towing
vehicle
(e) TEARDROP CAMPER. A trailer shaped as a
teardrop, designed to be drawn by a motor vehicle
and is constructed so that no part of its weight
rests on the towing vehicle
(f) NON-MOTORIZED TOY HAULER. A trailer, meant
to carry "toys" from motorcycles, ATVs, golf-
carts, etc. , designed to be drawn by a motor
vehicle and is constructed so that either no part
of its weight rests on the towing vehicle or some
part of its weight and that of its load rests on
or is carried by another vehicle.
ORDINANCE NO. 1546
PAGE 2 OF 3
SECTION II REPEALING ANY CONFLICTING PROVISIONS
All ordinances and parts of ordinances in conflict with the
provisions of this ordinance or any part of the codes adopted
herein by reference are hereby repealed.
SECTION III PROVIDING FOR SEVERABILITY
If any section, subsection, sentence, phrase, clause or portion
of this ordinance or any part of the codes or regulations
adopted herein by reference is for any reason held to be invalid
or unconstitutional by the decision of any court of competent
jurisdiction, such decision shall not affect the validity of the
remaining portions thereof.
SECTION IV PROVIDING FOR PENALTIES
Unless noted otherwise, any violation of any provisions adopted
herein, shall be punishable as a class 1 misdemeanor consistent
with Apache Junction City Code, Volume II, Chapter 1 : Zoning
Ordinance, Article 1-16 : Administration, § 1-16-16 Violations,
Penalties and Enforcement.
APPROVED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
APACHE JUNCTION THIS DAY OF , 2024 .
SIGNED AND ATTESTED TO THIS DAY OF , 2024 .
WALTER "CHIP" WILSON
Mayor
ATTEST:
JENNIFER PENA
City Clerk
APPROVED AS TO FORM:
RICHARD J. STERN
City Attorney
ORDINANCE NO. 1546
PAGE 3 OF 3
O� p,PACHE�Gti
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Development Services Department
'9RI ZONP'
PLANNING AND ZONING COMMISSION
PUBLIC HEARING STAFF REPORT
DATE: February 27, 2024
TO: Planning and Zoning Commission
THROUGH: Rudy Esquivias, Development Services Director
Sidney Urias, Planning Manager
FROM: Erika Hernandez, Associate Planner
CASE NUMBER: P-23-127-AM
REQUEST: A proposed text amendment to Article 1-17 :
Definitions to revise the definition of
"Recreational vehicle" by expanding on the
vehicle types which classify as recreational
vehicles and removing those that do not, based on
the approved text amendment in case P-23-15-AM
regarding recreational vehicle regulations.
BACKGROUND
On December 13, 2022, the Planning and Zoning Commission issued a
direction to Staff to research the Arizona Revised Statutes'
definition of recreational vehicles, trailers, and toy haulers and the
location in which these vehicles may be parked to provide
recommendations for a text amendment. Staff presented findings during
a regular meeting on May 9, 2023, through case P-23-15-AM. The case
subsequently went through several work sessions and public hearings
and expanded the case parameters to include a modification to the
number of recreational vehicles allowed to be stored on a single-
family residential property.
On September 5, 2023, Staff presented a final draft for the proposed
text amendment to Article 1-7 : Parking, Loading and Circulation
Regulations, which was unanimously approved by the Apache Junction
City Council. These changes include:
• Modifying the number of recreational vehicles allowed on single-
family residential zoned properties with a minimum of one (1)
1
Text Amendment to Article 1-17:Definitions Case P-23-127-AM
February 27,2024,Planning and Zoning Commission Staff Report
O� p,PACHE�Gti
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Development Services Department
'9 RIZONP'
gross acre to two (2) recreational vehicles or one (1)
recreational vehicle and one (1) large truck vehicle.
• Elaborating on vehicle types that qualify as recreational
vehicles.
• Removing "truck camper", as this type of camper slides into a
truck bed and is not mounted on wheels or classified as a motor
home.
Staff notified Council during this public hearing that a proposed text
amendment for Article 1-17 : Definitions, "Recreational vehicle" would
be brought before the Planning and Zoning Commission and City Council
at a later date.
On January 23, 2024, Staff presented a drafted version of the text
amendment to Article 1-17 : Definitions, "Recreational vehicle". One
question arose on the how truck campers would then be regulated to
which Staff answered that truck campers will not be counted as a
recreational vehicle and can therefore be installed on trucks in the
driveway and/or stored on the property out of view.
Research
Arizona State Revised Statutes
Staff recognizes that the City currently utilizes much of the same
language for defining a recreational vehicle as the Arizona Revised
Statutes ("A.R.S") . The definition is as follows:
Title 33-2102 . Definitions. 18 . "Recreational vehicle" means a
vehicular type unit that is any of the following:
(a) A portable camping trailer mounted on wheels and
constructed with collapsible partial sidewalls that fold
for towing by another vehicle and unfold for camping.
(b) A motor home designed to provide temporary living
quarters for recreational, camping or travel use and built
on or permanently attached to a self-propelled motor
vehicle chassis or on a chassis cab or van that is an
integral part of the completed vehicle.
(c) A park trailer or park model built on a single chassis,
mounted on wheels or originally mounted on wheels and from
which the wheels have been removed and designed to be
2
Text Amendment to Article 1-17:Definitions Case P-23-127-AM
February 27,2024,Planning and Zoning Commission Staff Report
O� p,PACHE�Gti
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Development Services Department
'9 RIZONP'
connected to utilities necessary for operation of installed
fixtures and appliances and has a gross trailer area of not
less than three hundred twenty square feet and not more
than four hundred square feet when it is set up, except
that it does not include fifth wheel trailers .
(d) A travel trailer mounted on wheels, designed to provide
temporary living quarters for recreational, camping or
travel use and of a size or weight that may or may not
require special highway movement permits when towed by a
motorized vehicle and that has a trailer area of less than
three hundred twenty square feet. This subdivision includes
fifth wheel trailers . If a unit requires a size or weight
permit, it shall be manufactured to the standards for park
trailers in section A 119.5 of the American national
standards institute code.
(e) A portable truck camper constructed to provide
temporary living quarters for recreational, camping or
travel use and consisting of a roof, floor and sides
designed to be loaded onto and unloaded from the bed of a
pickup truck.
Staff spoke to experts in the field, representatives at several Motor
Vehicle Division offices, and recreational vehicle dealers, and
learned that the MVD and the "industry" use the term "recreational
vehicle" as an umbrella term covering two recreational vehicle
categories as motorhomes and trailers . Using this information, Staff
further broken down these categories into specific recreational
vehicle types :
• Motorized RVs : Class A, Class B, Class C, and camper vans.
• Non-Motorized RVs : conventional travel trailers, fifth-wheel
travel trailers, hybrid trailers, pop-up or tent campers, tear
drop campers, and non-motorized toy haulers .
3
Text Amendment to Article 1-17:Definitions Case P-23-127-AM
February 27,2024,Planning and Zoning Commission Staff Report
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Development Services Department
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PLANNING DIVISION RECOMMENDATION
Upon much deliberation during case P-23-15-AM and P-23-127-AM, Staff
recommends the following text language:
RECREATIONAL VEHICLE. A vehicle or unit generally described as one (1)
or more of the following:
(1) Motor home. Designed to provide temporary living quarters for
recreational, camping or travel use, and built on or
permanently attached to a self-propelled motor vehicle chassis
or on a chassis cab or van that is an integral part of the
completed vehicle. This includes:
(a) Class A. Vehicles built on a motorhome specific chassis by
a recreational vehicle manufacturer, including a motorized
toy hauler.
(b) Class B. Vans converted for recreational vehicle use by a
recreational vehicle manufacturer.
(c) Class C. Vehicles built on a van or truck chassis with the
original van or truck front intact by a recreational
vehicle manufacturer.
(d) Camper Van. Cargo or passenger van converted into a
recreational vehicle by a professional or DIY.
(2) Park model. Built on a single chassis, mounted on wheels and
designed to be connected to utilities necessary for operation
of installed fixtures and appliances and has a gross trailer
area of not less than three-hundred and twenty (320) square
feet and not more than four hundred (400) square feet when it
is set up.
(3) Travel trailer. A trailer mounted on wheels and designed to
connect to a hitch, designed to provide temporary living
quarters for recreational, camping or travel use. This
includes:
(a) Conventional travel trailer. A trailer designed to be drawn
by a motor vehicle and is constructed so that no part of
its weight rests on the towing vehicle.
4
Text Amendment to Article 1-17:Definitions Case P-23-127-AM
February 27,2024,Planning and Zoning Commission Staff Report
O� p,PACHE�Gti
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Development Services Department
'9 RIZONP'
(b) Fifth-wheel travel trailer. A trailer designed to connect
to a hitch so that some part of its weight and that of its
load rests on or is carried by another vehicle.
(c) Hybrid trailer. A trailer with expandable ends, pop-out
beds, designed to be drawn by a motor vehicle and is
constructed so that no part of its weight rests on the
towing vehicle.
(d) Pop-up or tent camper. A trailer that folds down small for
storage and towing, designed to be drawn by a motor vehicle
and is constructed so that no part of its weight rests on
the towing vehicle
(e) Teardrop camper. A trailer shaped as a teardrop, designed
to be drawn by a motor vehicle and is constructed so that
no part of its weight rests on the towing vehicle
(f) Non-Motorized toy hauler. A trailer, meant to carry "toys"
from motorcycles, ATVs, golf-carts, etc. , designed to be
drawn by a motor vehicle and is constructed so that either
no part of its weight rests on the towing vehicle or some
part of its weight and that of its load rests on or is
carried by another vehicle.
A draft text amendment to the Apache Junction City Code, Volume II,
Land Development Code, Chapter 1 : Zoning Ordinance, Article 1-17 :
Definitions, "Recreational vehicle" has been provided to apply the
above noted proposed changes.
RECOMMENDED MOTION
I move that the Planning and Zoning Commission recommend to the Apache
Junction City Council the approval of text amendment case P-23-127-AM,
an amendment to the Apache Junction City Code, Volume II, Land
Development Code, Chapter 1 : Zoning Ordinance, Article 1-17 :
Definitions, "Recreational vehicle" described in the attached text
exhibit.
Er'L�z2 H-ervo"ez
Prepared by Erika Hernandez
Associate Planner
5
Text Amendment to Article 1-17:Definitions Case P-23-127-AM
February 27,2024,Planning and Zoning Commission Staff Report
O� p,PACHE�Gti
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Development Services Department
'9 RIZO N P'
Attachments:
Draft Amendment to Apache Junction City Code, Volume II, Land
Development Code, Chapter 1 : Zoning Ordinance, Article 1-17 :
Definitions, "Recreational vehicle"
- Current Apache Junction City Code, Volume II, Land Development
Code, Chapter 1 : Zoning Ordinance, Article 1-17 : Definitions,
"Recreational vehicle"
6
Text Amendment to Article 1-17:Definitions Case P-23-127-AM
February 27,2024,Planning and Zoning Commission Staff Report
O� PQACHE /Gti
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Development Services Department
'9RIZwA
CITY COUNCIL
WORK SESSION STAFF MEMO
Date: March 18, 2024
To: Honorable Mayor and City Council Members
Through: Bryant Powell, City Manager
Rudy Esquivias, Development Services Director
Sidney Urias, Planning Manager
From: Erika Hernandez, Associate Planner
Case Number: P-23-127-AM
Subject: Ordinance No. 1546
A proposed text amendment to Article 1-17 : § 1-17-1
Definitions to revise the definition of "Recreational
Vehicle" by expanding the vehicle types which classify
as recreational vehicles and removing those that do not,
based on the approved text amendment in case P-23-15-AM
regarding recreational vehicle regulations.
Background
On December 13, 2022, the Planning and Zoning Commission issued a
direction to Staff to research the Arizona Revised Statutes'
definition of recreational vehicles, trailers, and toy haulers and the
location in which these vehicles may be parked to provide
recommendations for a text amendment. Staff presented findings during
a regular meeting on May 9, 2023, through case P-23-15-AM. The case
subsequently went through several work sessions and public hearings
and expanded the case parameters to include a modification to the
number of recreational vehicles allowed to be stored on a single-
family residential property.
On September 5, 2023, Staff presented a final draft for the proposed
text amendment to Article 1-7 : Parking, Loading and Circulation
Regulations, which was unanimously approved by the Apache Junction
City Council. These changes include:
• Modifying the number of recreational vehicles allowed on single-
family residential zoned properties with a minimum of one (1)
gross acre to two (2) recreational vehicles or one (1)
recreational vehicle and one (1) large truck vehicle.
1
Text Amendment to Article 1-17: § 1-17-1 Definitions,Recreational Vehicle Case P-23-127-AM
March 18,2024,City Council Work Session Staff Memo
O� PQACHE /Gti
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gRIZONP
Development Services Department
• Elaborating on vehicle types that qualify as recreational
vehicles.
• Removing "truck camper", as this type of camper slides into a
truck bed and is not mounted on wheels or classified as a motor
home.
Staff notified Council during this public hearing that a proposed text
amendment for Article 1-17 : § 1-17-1 Definitions, Recreational Vehicle
would be brought before the Planning and Zoning Commission and City
Council at a later date.
On January 23, 2024, Staff presented a drafted version of the text
amendment to Article 1-17 : § 1-17-1 Definitions, Recreational Vehicle.
One question arose about the how truck campers would then be regulated
to which Staff answered that truck campers will not be counted as a
recreational vehicle and can therefore be installed on trucks in the
driveway and/or stored on the property out of view.
Planning and Zoning Commission Recommendation
The Planning and Zoning Commission public hearing was held on February
27, 2024 (see Exhibit 1, 2, and 3) . The Commission voted unanimously
to recommend approval of the proposed text amendment. Exhibit 1 titled
"Amendment to the Apache Junction City Code, Volume II, Land
Development Code, Chapter 1 : Zoning Ordinance, Article 1-17 : § 1-17-1
Definitions, Recreational Vehicle" represents Staff' s and the
Commission' s recommendation.
Staff Recommendation
Staff recommends approval of the proposed text amendment case
P-23-127-AM through Ordinance No. 1546 (Exhibit 4) .
Attachments :
- Exhibit 1 : Amendment to the Apache Junction City Code, Volume II,
Land Development Code, Chapter 1 : Zoning Ordinance, Article 1-17 :
§ 1-17-1 Definitions, Recreational Vehicle
- Exhibit 2 : Amendment REDLINE to Apache Junction City Code, Volume
II, Land Development Code, Chapter 1 : Zoning Ordinance, Article
1-17 : § 1-17-1 Definitions, Recreational Vehicle
- Exhibit 3: P-23-127-AM Planning and Zoning Commission Staff
Report
- Exhibit 4 : Ordinance No. 1546
2
Text Amendment to Article 1-17: § 1-17-1 Definitions,Recreational Vehicle Case P-23-127-AM
March 18,2024,City Council Work Session Staff Memo
2024 Amendments to the Apache Junction City Code, Volume II, Land
Development Code, Chapter 1: Zoning Ordinance, Article 1-17: Definitions,
"Recreational vehicle".
§ 1-17-1 DEFINITIONS.
RECREATIONAL VEHICLE. A vehicle or unit geReP@11�' shall be described as one (1) or more of the
following:
(1) {24 MOTOR HOME. Designed to provide temporary living quarters for recreational,
camping or travel use, and built on or permanently attached to a self-propelled motor vehicle
chassis or on a chassis cab or van that is an integral part of the completed vehicle. This includes:
(a) CLASS A. Vehicles built on a motorhome specific chassis by a recreational vehicle
manufacturer, including a motorized toy hauler.
(b) CLASS B. Vans converted for recreational vehicle use by a recreational vehicle
manufacturer.
(c) CLASS C. Vehicles built on a van or truck chassis with the original van or truck front
intact by a recreational vehicle manufacturer.
(d) CAMPER VAN. Cargo or passenger van converted into a recreational vehicle by a
professional or DIY.
(2) k�4 PARK MODEL. Built on a single chassis, mounted on wheels and designed to be
connected to utilities necessary for operation of installed fixtures and appliances and has a gross
trailer area of not less than three-hundred and twenty (320) square feet and not more than four
hundred (400) square feet when it is set up, except it de-e-S n^+ , ,.11,,_^ f,f+h ,.,heel tFail^rs
(3) �44 TRAVEL TRAILER. A trailer mounted on wheels and designed to connect to a hitch,
designed to provide temporary living quarters for recreational, camping or travel use., Of a SiZt
weight peFFRit, it must be FA-AP-4-ap-w-red t-A- t-,hP- r_#_AAd_Ards fA-.r park traileFs iR ANSI A!19._5 f t he
AmeraeaR Nat+e to dS-!„ tit-te Code. This includes:
(a) CONVENTIONAL TRAVEL TRAILER. A trailer designed to be drawn by a motor vehicle
and is constructed so that no part of its weight rests on the towing vehicle.
(b) FIFTH-WHEEL TRAVEL TRAILER. A trailer designed to connect to a hitch so that some
part of its weight and that of its load rests on or is carried by another vehicle.
(c) HYBRID TRAILER. A trailer with expandable ends, pop-out beds, designed to be drawn
by a motor vehicle and is constructed so that no part of its weight rests on the towing
vehicle.
(d) POP-UP OR TENT CAMPER. A trailer that folds down small for storage and towing,
designed to be drawn by a motor vehicle and is constructed so that no part of its
weight rests on the towing vehicle
(e) TEARDROP CAMPER. A trailer shaped as a teardrop, designed to be drawn by a
motor vehicle and is constructed so that no part of its weight rests on the towing
vehicle
(f) NON-MOTORIZED TOY HAULER. A trailer, meant to carry "toys" from motorcycles,
ATVs, golf-carts, etc., designed to be drawn by a motor vehicle and is constructed so
that either no part of its weight rests on the towing vehicle or some part of its weight
and that of its load rests on or is carried by another vehicle.
2024 Amendments to the Apache Junction City Code, Volume II, Land
Development Code, Chapter 1: Zoning Ordinance, Article 1-17: Definitions,
"Recreational vehicle".
§ 1-17-1 DEFINITIONS.
RECREATIONAL VEHICLE. A vehicle or unit shall be described as one (1) or more of the following:
(1) MOTOR HOME. Designed to provide temporary living quarters for recreational, camping
or travel use, and built on or permanently attached to a self-propelled motor vehicle chassis or
on a chassis cab or van that is an integral part of the completed vehicle. This includes:
(a) CLASS A. Vehicles built on a motorhome specific chassis by a recreational vehicle
manufacturer, including a motorized toy hauler.
(b) CLASS B. Vans converted for recreational vehicle use by a recreational vehicle
manufacturer.
(c) CLASS C. Vehicles built on a van or truck chassis with the original van or truck front
intact by a recreational vehicle manufacturer.
(d) CAMPER VAN. Cargo or passenger van converted into a recreational vehicle by a
professional or DIY.
(2) PARK MODEL. Built on a single chassis, mounted on wheels and designed to be
connected to utilities necessary for operation of installed fixtures and appliances and has a gross
trailer area of not less than three-hundred and twenty (320) square feet and not more than four
hundred (400) square feet when it is set up.
(3) TRAVEL TRAILER. A trailer mounted on wheels and designed to connect to a hitch,
designed to provide temporary living quarters for recreational, camping or travel use. This
includes:
(a) CONVENTIONAL TRAVEL TRAILER. A trailer designed to be drawn by a motor vehicle
and is constructed so that no part of its weight rests on the towing vehicle.
(b) FIFTH-WHEEL TRAVEL TRAILER. A trailer designed to connect to a hitch so that some
part of its weight and that of its load rests on or is carried by another vehicle.
(c) HYBRID TRAILER. A trailer with expandable ends, pop-out beds, designed to be drawn
by a motor vehicle and is constructed so that no part of its weight rests on the towing
vehicle.
(d) POP-UP OR TENT CAMPER. A trailer that folds down small for storage and towing,
designed to be drawn by a motor vehicle and is constructed so that no part of its
weight rests on the towing vehicle
(e) TEARDROP CAMPER. A trailer shaped as a teardrop, designed to be drawn by a
motor vehicle and is constructed so that no part of its weight rests on the towing
vehicle
(f) NON-MOTORIZED TOY HAULER. A trailer, meant to carry "toys" from motorcycles,
ATVs, golf-carts, etc., designed to be drawn by a motor vehicle and is constructed so
that either no part of its weight rests on the towing vehicle or some part of its weight
and that of its load rests on or is carried by another vehicle.
►P�"E�c�, City of Apache Junction, Arizona 300 E Superstition
Boulevard
� 0 Agenda Item Cover Sheet Apache Junction,AZ
85119
Agenda Item No.6.
'Piz File ID: 24-149
Sponsor: Michael Pooley Agenda Date: 3/18/2024
Index: In Control: City Council Work Session
Presentation and discussion of Resolution No. 24-12 authorizing the city to terminate the
agreement with Maricopa Regional 911 and to apply for and accept a reimbursement grant for
costs associated with AT&T Telecommunications for equipment, maintenance and operation of
the City of Apache Junction Public Safety Answering Point.
City of Apache Junction,Arizona Page 1 Printed on 311412024
RESOLUTION NO. 24-12
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
APACHE JUNCTION, ARIZONA, AUTHORIZING THE CITY TO
TERMINATE THE AGREEMENT WITH MARICOPA REGIONAL 911
AND TO APPLY FOR AND ACCEPT A REIMBURSEMENT GRANT
FOR COSTS ASSOCIATED WITH AT&T TELECOMMUNICATIONS
FOR EQUIPMENT, MAINTENANCE AND OPERATIONS OF THE
CITY OF APACHE JUNCTION' S PUBLIC SAFETY ANSWERING
POINT FROM THE ARIZONA STATE DEPARTMENT OF
ADMINISTRATION ARIZONA 911 GRANT PROGRAM, PURSUANT
TO ARIZONA REVISED STATUTES § 41-704 .
WHEREAS, the City of Apache Junction ("City") operates a
public safety answering point ("PSAP") for emergency
telecommunications, colloquially known as "911 services"; and
WHEREAS, the City' s police department has identified a vendor,
AT&T Telecommunications, to provide equipment, maintenance and
operations of City' s PSAP and 911 managed services under the State
of Arizona Cooperative Contract CTR055782; and
WHEREAS, the Arizona State Department of Administration
Arizona 911 Grant Program, per Arizona Revised Statutes § 41-704 ,
makes funds available to local jurisdictions for operations of
PSAPs for which the City is eligible; and
WHEREAS, the City has secured a quote from AT&T
Telecommunications in the amount of $634, 439. 45 for a 60-month
contract between the City and AT&T Telecommunications for its PSAP
and 911 managed services; and
WHEREAS, the 60-month contract amount is expected to be
reimbursed in the amount of $634, 439 . 45 from the Arizona State
Department of Administration Arizona 911 Grant Program per Arizona
Revised Statutes § 41-704 .
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF APACHE JUNCTION, ARIZONA, AS FOLLOWS :
Section 1 : Upon the operational capability of the new 911
services through AT&T, the city manager or his designee is
authorized to terminate any agreement with Maricopa Regional 911 .
RESOLUTION NO. 24-12
PAGE 1 OF 2
Section 2 : The city manager or his designee is authorized to
complete and submit any necessary or desirable instruments related
to the reimbursement of annual costs associated with the contract
from the Arizona State Department of Administration Arizona 911
Grant Program pursuant to Arizona Revised Statutes § 41-704 .
Section 3 : The City' s police department is further authorized
to apply for and accept a $634 , 439 . 95 reimbursement grant from the
Arizona Department of Administration for AT&T Telecommunications
911 services .
Section 4 : The city manager or his designee is authorized to
take such actions and execute such documents as may otherwise be
necessary to carry out the purposes of this resolution.
PASSED AND ADOPTED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY
OF APACHE JUNCTION, ARIZONA, THIS DAY OF , 2024 .
SIGNED AND ATTESTED TO THIS DAY OF 2024 .
ATTEST: WALTER "CHIP" WILSON
Mayor
JENNIFER PENA
City Clerk
APPROVED AS TO FORM:
3- 2 2�}
RICHARD J. STERN
City Attorney
RESOLUTION NO. 24-12
PAGE 2 OF 2
Quote Summary
DATE 9/21/2023 Apache Junction Police Department
VERSION 4.3 MR CHaaS AT&T
Account Manager Jeff Reeve 5 Positions
Phone 714-227-1268 (5)VESTA IWS Positions
Email i0072(a)att.com Tier 1 -Dual Path AVPN with Broadband
VESTA(5)Positions(Tab:AT&T CHaaS,Row 56 and 57)
Total Non-Recurring Charge: $ 39,342.50
Total Monthly Recurring Charge: $ 3,895.50
60 MONTH TOTAL: $ 273,072.50
UPS for Front(5)and/or Back Room 4)(Tab: Options,Row 41 and 42)
Total Non-Recurring Charge: $ 13,610.70
Total Monthly Recurring Charge: $ 130.00
60 MONTH TOTAL: $ 21,410.70
(5)additional 24"flat panel wide screen monitor for a total of two per position(Tab:Options, Row 28)
Total Non-Recurring Charge: $ 4,421.20
Total Monthly Recurring Charge: $ 12.50
60 MONTH TOTAL: $ 5,171.20
(Additional)Gateways(Tab:Options,Row 20,23)
Total Non-Recurring Charge: $ 72,452.70
Total Monthly Recurring Charge: $ 218.50
60 MONTH TOTAL: $ 85,562.70
VESTA Map Local(Tab: Options(2),Row 19 and 20)
Total Non-Recurring Charge: $ 4,380.80
Total Monthly Recurring Charge: $ 601.40
60 MONTH TOTAL: $ 40,464.80
Enhanced Data Window(Tab:Options, Row 13)
Total Non-Recurring Charge: $ 3,033.80
Total Monthly Recurring Charge: $ 105.70
60 MONTH TOTAL: $ 9,375.80
Citizen Input/Smart Transcription-(5)Positions(Tab: Options,Row 10 and 11)
Total Non-Recurring Charge: $ 15,170.40
Total Monthly Recurring Charge: $ 1,464.00
60 MONTH TOTAL: $ 103,010.40
(Additional)Training(Tab: Options(2),Row 32 and 37)
Total Non-Recurring Charge: $ 766.40
Total Monthly Recurring Charge: $ -
60 MONTH TOTAL: $ 766.40
SUB-TOTAL For CHaaS: $ 533,663.30
ESlnet for CHaaS("A"Route Primary AVPN)
Total Non-Recurring Charge: $
Total Monthly Recurring Charge: $ 768.27
60 MONTH TOTAL: $ 46,096.20
ESlnet for CHaaS("B"Route Secondary AVPN)
Total Non-Recurring Charge: $ -
Total Monthly Recurring Charge: $ 755.00
60 MONTH TOTAL: $ 45,300.00
ESlnet for CHaaS("C"Route Broadband)
Total Non-Recurring Charge: $ 410.00
Total Monthly Recurring Charge: $ 84.55
60 MONTH TOTAL: $ 5,483.00
ESlnet for CHaaS("D"Route)FIRSTNET-1 Router+Access(Tab: Options(3),Row 20 and 21)
Total Non-Recurring Charge: $ 1,300.00
Total Monthly Recurring Charge: $ 37.00
60 MONTH TOTAL: $ 3,520.00
SUB-TOTAL For ESlnet For CHaaS: $ 100,399.20
NON-RECURRING GRAND TOTAL: $ 154,888.50
MONTHLY RECURRING GRAND TOTAL: $ 8,072.42
0.75%NRC CHAAS Position Discount 300-399 $ (1,161.66)
0.75%MRC CHAAS Position Discount 300-399 $ (60.54)
NON-RECURRING GRAND TOTAL: $ 153,726.84
MONTHLY RECURRING GRAND TOTAL: $ 8,011.88
60 MONTH GRAND TOTAL: $ 634,439.45
Quote Valid For 120 Days
Notes:
Prices quoted here reflect the pricing,terms and conditions set forth in that certain contract between AT&T and the State of Arizona,#CTR055782,
dated June 18 2021(the"Contract'). The terms and conditions set forth in the Contract apply to all orders placed pursuant to this quote. Unless
agreed upon by both parties in writing,any contractual terms and conditions placed in the corresponding Order are deemed void and do not apply.
1.This quote is for a CHaaS VESTA system with(5)IWS Positions,(0)Laptop Position,(0)docking station,and(0)IP phone.
2.This quote includes(5)additional 24"wide screen monitors for a total of(2)per position.
3.This quote DOES NOT include VESTA Analytics.
4.This quote includes VESTA Map Local for(5)positions.
5.This quote includes Motorola on-site training for VESTA.
6.This quote includes(5)4-Port KVMs.
7.This quote includes(5)48-button Genovation keypads.
8.This quote DOES NOT include a NetClock system.
9.This quote Includes UPS;Backroom(4)and for front room(5)positions
10.This quote includes Motorola's managed services.
11.In addition to the(1)VESTA Agent Training class,(1)VESTA Admin Training class,
and(1)Cutover Coaching class. Per PSAP request,this quote also includes additional:
(2)VESTA Agent Training classes.
(0)VESTA Admin Training class
12.Per discussion with AZDOA,removed"additional"FXS gateways.
13.This quote includes FIRSTNET as an optional network connection for voice.
14.This quote includes(0)additional postions at the PSAP request for a total of(32)positions.
15.Citizen Input/Smart Transcription service requires internet service and will leverage the Route B or Route C broadband connection.
16.This quote includes(1)network printer.
17.Includes(3)bundled FXO Gateways and(3)additional FXO and(1)SIP Interface.
18.Includes(1)additional T1's.
]
CITY COUNCIL-MEETING ROL CALL Date: ) I"
IN
Work Study / R guYar Special CW
S: '�'. U7 S:76j E: S: E:
CITY COUNCIL: Present Ab/excu Present Ab/excu Present Ab/excu
MAYOR WILSON V/_ V
VICE MAYOR SCHROEDER V
COUNCILMEMBER CROSS
COUNCILMEMBER HECK I/
COUNCILMEMBER JOHNSON Il
COUNCILMEMBER NESSER U 1/
COUNCILMEMBER SOLLER
TOTAL
CITY STAFF: Present Ab/excu Present Ab/excu Present Ab/excu
City Manager Bryant Powell IL/
Assistant City Manager Matt Busby 0A +C-A_
City Clerk Jennifer Pena
City Attorney Joel Stern V/
Information Technology Director
Doug Wirthgen
Public Information Officer
Public Safety Director Michael Pooley
Dev Services Director Rudy Esquivias
PW Director Ted Wolff
Parks& Rec Director Liz Langenbach
ED Director Patrick Ainsworth
Library Director Pam Harrison
Finance Director—Int. Connie Chow
HR Director Bnrra-McCray
Water District Director Mike Loggins
Municipal Judge A. Doug LaSota
OTHERS:
Deputy City Clerk Evie McKinney
Int.Planning Manager Sidney Urias
Building&Safety Mngr Adrian Alegria
Senior Planner
Planner Kelsey Schattnik
Associate Planner Nick Leftwich
PW Project Engineer Raquel Schatz
City Engineer Emile Schmid
E r�cc,--
S:\Templates & Forms\Roll Call - City Council -Attendance.docx
City Council
VOTE - ROLL CALL
ITEM # MEETING OF
MOTION BY: er— SECONDED BY:
NOTES:
YES NO ABSTAINED
CITY COUNCIL
COUNCILMEMBER SOLLER
VICE MAYOR SCHROEDER
COUNCILMEMBER NESSER
COUNCILMEMBER CROSS
COUNCILMEMBER HECK v"
COUNCILMEMBER JOHNSON 1�
MAYOR WILSON
TOTAL
UNANIMOU IN FAVOR OPPOSED ABSTAINED
TOTAL
Vote sheet 1 v
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City Council
VOTE - ROLL CALL
ITEM # MEETING OF
MOTION BY: te n„ SECONDED BY: S:6 t kv
NOTES: 114 4- ('
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COUNCILMEMBER HECK ✓
COUNCILMEMBER SOLLER ✓
VICE MAYOR SCHROEDER 1/
MAYOR WILSON (�
TOTAL
UNANIMOUS IN FAVOR OPPOSED ABSTAINED
TOTAL
Vote sheet 2
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City Council
VOTE - ROLL CALL
ITEM # MEETING OF -14-ZY
MOTION BY: SC&6e_ e SECONDED BY:
NOTES:
YES O ABSTAINED
CITY COUNCIL:
COUNCILMEMBER SOLLER `� ✓
COUNCILMEMBER NESSER
COUNCILMEMBER CROSS ✓
COUNCILMEMBER JOHNSON ✓ v/
VICE MAYOR SCHROEDER
COUNCILMEMBER HECK
MAYOR WILSON V ✓
TOTAL
UNANIMOUS IN FAVOR OPPOSED ABSTAINED
TOTAL ✓ L� fo
Vote sheet 3
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City Council
VOTE - ROLL CALL
ITEM # MEETING OF
MOTION BY: Zee, SECONDED BY: ��.
"7o u e/-.
NOTES:
YES NO ABSTAINED
CITY COUNCIL: /
COUNCILMEMBER HECK �/ f
COUNCILMEMBER CROSS NZ1/
VICE MAYOR SCHROEDER ✓,
COUNCILMEMBER NESSER
COUNCILMEMBER JOHNSON ✓ ✓
COUNCILMEMBER SOLLER v
MAYOR WILSON
TOTAL
UNANNIIMOUS/ IN FAVOR OPPOSED ABSTAINED
TOTAL
Vote sheet 4
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City Council
VOTE - ROLL CALL
ITEM # 1,-- cg q' MEETING OF Z oZ
MOTION BY:So(.I SECONDED BY: Intl DS3
NOTES:
�M A QA A LA e"S
YES NO ABSTAINED
CITY COUNCIL:
COUNCILMEMBER CROSS �✓
COUNCILMEMBER HECK kz
COUNCILMEMBER JOHNSON V
VICE MAYOR SCHROEDER ✓
C
COUNCILMEMBER SOLLER 1l
MAYOR WILSON
TOTAL
UNANIMOUS IN FAVOR OPPOSED ABSTAINED
TOTAL
Vote sheet 5
S:/5—Templates&Forms/Vote Call—City Council
Date: o � f CITY OF APACHE JUNCTION
. 42REQUEST TO SPEAK FORM
Please fill out completely and return to the City Clerk PRIOR to the conclusion of the City Manager's Report portion of the agenda.
I would like to speak on Agenda Item #:
I would like to speak on a Non-Agenda matter regarding:
Do you wish to speak before Council on this item? Yes No Only If Necessary
am in favor of the proposed Item. I am opposed to the proposed Item.
First Name Last ame
(PRINT)
Address City Zip Code
Telephone Email address
This information will be used by staff for follow-up, if necessary. Speakers shall make comments directly to the Mayor and City Council
when called up to speak at the podium.
Note: Call to the Public comments have a three minute limit and Public Hearing comments have a five minute limit.
Consent for Minor to be Audio and/or Video Recorded:
I, , as the parent/guardian of (minor(s)), a minor(s), agree to allow said
minor(s) to appear and/or participate in the City of Apache Junction City Council Meeting. I further understand that this activity may be
audio and/or video recorded and I hereby consent to the minor being audio and/or video recorded during his/her participation with the
likelihood that their image will appear on cable TV and the internet video stream showing their participation. A.R.S. § 1-602 (A)(9).
ignature of Parent/Guardian Date
08/26/2019
Date: t?" —�` CITY OF APACHE JUNCTION
REQUEST TO SPEAK FORM P41,"
Please fill out completely and return to the City Clerk PRIOR to the conclusion of the City Manager's Report portion of the agenda.
I would like to speak on Agenda Item #: ���
I would like to speak on a Non-Agenda matter regarding: /
Do you wish to speak before Council on this item? Yes No Only If Necessary
I am in favor of the proposed Item. I am opposed to the proposed Item.
8 /\1DCC ' � C�
First Name Last Name
(PRINT)
rs <;� 5 ��� �
1
Address City Zip PoOe
d �,, e y M -p--e-� t4
Telephone Email address
This information will be used by staff for follow-up, if necessary. Speakers shall make comments directly to the Mayor and City Council
when called up to speak at the podium.
Note: Call to the Public comments have a three minute limit and Public Hearing comments have a five minute limit.
Consent for Minor to be Audio and/or Video Recorded:
I, , as the parent/guardian of (minor(s)), a minor(s), agree to allow said
minor(s) to appear and/or participate in the City of Apache Junction City Council Meeting. I further understand that this activity may be
audio and/or video recorded and I hereby consent to the minor being audio and/or video recorded during his/her participation with the
likelihood that their image will appear on cable TV and the internet video stream showing their participation. A.R.S. § 1-602 (A)(9).
Signature of Parent/Guardian Date
08/26/2019
CITY E JUNC
TION
CTION
.Mayor's Script
Tuesday, March 191 2024
A. CALL TO ORDER
I would like to call this City of Apache Junction Council Meeting of March 19,�202
--
order and ask everyone to Out their cell phones on silent
B. INVOCATION-AND-PLEDGE OF ALLEGIANCE
The invocation trill be led by &the pledge by Councilmembe�
C. ROLL CALL
-
Ro.II Call ..
D. CONSENT AGENDA :_—
As a reminder All items under the:Consent Agenda will be approved with one
motion. if a councilmember wishes to-re' move an item for further discussion, they
. .
request will:be rrtade prior to approving the consent agenda and will be moved.to',
New.Business..,- .
1. Consideration of acceptance of agenda. . .
2..: Consider.ation:of approval of minutes of..the regular meeting of.March 5, 2024.
- 3. Consideration of approval of Resolution 23-37 a Eedera ly Patent Easement
:. : .
Extinguishment of 7t" Avenue from Conestoga. Road to Cortez Road.
4. Consideration of approval of Resolution No. 24-05.aTederally Patent Easement
:Extinguish ment.of.Roundup Street.
5. Consideration of award of Contract to Viasun Corporation for-sidewalk and-traffic
. . . . . . . . .
signal pedestrian improvements...:-
Consideration of Approval. of Resolution::No:..'24:-12 autho:rizing the city to: :: ::
terminate-the agr.eement'with Maricopa Regional 911 and apply for a grant for
costs-associated:With AT&TTelecommunications..: .
Do I have a motion on the consent agenda? wait for the motion ond-the 2nd
Rol l Call.
E. AWARDS, PRESENTATIONS AND PROCLAMATIONS
7. Pro'da.mation designating March 29;.2024, as "Vietna' hl_ 1Iar Veterans Day.
8. Proclamation designating week of Apr.il.2—8, 2024-as:"'International.Dark Sky
Week.''
F. REGIONAL INTERGOVERNMENTAL uPDATES
9. ,Regional Intergovernmental meeting updates from Council.
G. CITY.MANAGER'S REPORT
Bryant.to.report i .
10. City Manager's.Report. _,_ .- _
11. ,Pinal-P.artnershi'p:presentation by.Tony Smit
12. .Apache Junction Chamber of Commerce presentationby'Mary Ann_'Przybyls
. . .
:13. Announcement of Current Events Matt:Busby to report,:j'
H. PUBLICHEARINGS _
Items 14 & 15 are related to the same suoject matter.:After: hea ring Staff. s
r
p esentatioh I will combineahe Public Hearings,:but we will l ave a:motion for.ea :
item. Read both item introductions .or 14 and 15, then call:on Nick Le twich`
- -- -- it - --ti f - — - - - f
14: Presentation, discussion; public-hearing and consideration& Resolution No� 24'1
-11, declaring as:a public r:ecord.the document filed with the City Clerk entitled
'Legal Descriptions.and Zoning Conditions of Case No: P-23-119-PZ
}
15: Presentation, discussion; public hearing and consideration of Ordinance No. 1548
Case No. P-23-119-PZ, a rezoning re -nest.
A. Does.theapplicantwish-to speak
B. Any discussion among the.council? cqbhcil can discuss'
.C.l will now open the.Public Hearin' ..Tf re is-a 5:1ninute time limit with a 1
minute warning that yo:u will hear. Please state your name and address forth
;record
D. I will now close the public hearing and ask for a motiolton: Item #14,
.Resolution No: 24-11. .wait for the motion & the 2nd
RolRolr I. Call
Do I have a motion for Item # 15,. Ordinance.N:o:.1548? wait for_the motion:and,
the2 _... . _ . .
Roll Call
Do 1_have the second motion?
V61f Call
16. .resentatior,discussion;-public hearing, and consideration of Ordinance-No: 1546,,.
approving a text amendment to the Apache Junction City Code
- Call on Erika Hernandez
.-Does the applicant wish to speak? - __ -_.: :___--�
B. Any discussion among{the counci :council can discuss
C. As a.Public Hearing; would anyone like to speak on this.item? Public'con s eak
- - -- - — --- - p a
D.-1 will now close the public hearing and ask fora motion on
- Ordinance No: 1546. it for the. motion & the 2"d
Roll.Call .
. . . . . . . . . . . . .
_: . . .. . ... .
Do I have:the second:motion?I
IRall Cala;. . .
I: -OLD BUSINESS . . . .
J. NEW:BUSINESS
17. Presentation, discussion and consideration of Resolution No. 24-07.,-continuing
;benefits program with Arizona:Metropolitan;Trust.,
nd
Do I have a motion ori'Resolution'No: 24-07? ,
�� ,wait for theymotion & the 2 w
_T
§oIL.CaII
k. COUNCIL DIRECTION TO STAFF
L. SELECTION OF MEETING DATES; TIMES, LOCATIONS AND PURPOSES -
M.:CALLTO PUBLIC
. .
�l would like to.remind e t=veryone.that Call.to.the Public is'a courtesy and not
required bylaw: .
Ilt is a time for th.e public to express.requests, .communications, comments and.
suggestions`
Re nest to s eak forms must be corri leted�and handed to the:cit clerk before:the
q_. . p p Y
,end of the.city manager's report.
.AII issues shall be piesented;in: a professional manner without,personal attacks.
Under the.o .en meeting law the COUNCIL CANNOT ENGAGE IN DISCUSSION!
t
x
on the issues presented, but may respond to criticism and may direct staff to:folIow
up with_the speaker:directly and/or place this matter on a future agenda for council
discussion.
e is;re. a:three-minute.(i.mit for each.s'peaker.
Does council have any requests--of staff to follow upon?'
- - - -
N. ADJOURNMENT—. 'I adjourn.this meeting.
�3 19-20r2
Consent Agen a temsNos'. 1-6:
I move the consent agenda be accepted and_approved as presented.
.. Item No. 14= Public Hearing
I:move that Resolution No. 24-11::a resolution of the.mayor and city_council:of the city:of-
Apache:Junction, Arizona, . declaring as a:public record that certain document filed with
the city:clerk and entitled "Legal Descriptions. And Zoning Conditions of Case No. :P-23-
:119-Pz authorized under Ordinance-No. 1548" BE:: .(Approved) or(Denied)
Item No., IS - Public Hearing
move.that Ordinance No. .1548 be read by title only and the reading of the entire
ordinance be:waived.
Call upon the city clerk.to read Ordinance No. 1548 b title only)(:. P Y: Y. � Y)
I move that Ordinance.No. 1548, as.read by the city clerk, (be approved and adopted) or.
(be denied). .
move that Ordinance No: 1548, as read by the:city clerk, be approved and adopted.
with.the following amendments:
Item:No. 16 — Public:Hearing
I moveAhat Ordinance No:. 1546 be read.:by title only and :the reading of. the: entire
ordinance be waived. .
(Call upon the city clerk to read:Ordinance:No.. 1546 by title.only)
..
I move that Ordinance No. 1546, as read:by the city.clerk; (be approved.and adopted) or:.
: :(be denied).
I.move that Ordinance:No. 1546, as read bythe city.clerk, be approved and-adopted
With the following amendments:
-:Item No. 17 - New Business
I move that Resolution. No.:24-07 a resolution of the Mayor and City Council of the City
of Apache Junction,Arizona, authorizing the renewal of the city's.membership in the
Arizona:Metropolitan Trust:employee benefits.program BE: ,(Approved) or (Denied)
Vietnam War Veterans Day Proclamation:
Representing VFW Post # 9399:
06Va, bv' Jim Johnson
Leonard Loomis
Pau6i6zinew)
cous�o eau
Representing VFW Post # 7968:
TeddyJullian
Don Wood
Frank White
Jan Snyder will be taking photos.
ACN��A City of Apache Junction, Arizona Meeting locatio .
City Council Chambers
r at City Hall
' Agenda 300 E.Superstition Blvd
qH p Apache Junction,AZ
�'d24t1
City-Council Meeting 85119
apachej u nctionaz.gov
Ph:(480)982-8002
Tuesday, March 19,2024 7:00 PM City Council Chambers
A. CALL TO ORDER
B. INVOCATION AND PLEDGE OF ALLEGIANCE
C. ROLL CALL
D. CONSENT AGENDA
The council may, at this time, take single action on any or all items listed as consent agenda items.
These may include, but are not limited to, acceptance of agenda, acceptance of minutes, appointments,
acceptance of resignations and adoption of certain resolutions and other items which do not require a
public hearing. The consent agenda is a timesaving device of which the mayor and city council is to
receive documentation on these items from the city manager for their review prior to the meeting. Any
member of the council may remove any item from the consent agenda for discussion and cause a
separate vote on the matter later in the agenda.
1. 24-069 Consideration of acceptance of agenda.
2. 24-071 Consideration of approval of minutes of the regular meeting of March
5, 2024.
3. 24-087 Consideration of approval of Resolution No. 23-27, a Federally Patent
Easement(FPE) Extinguishment of 7th Avenue (alignment)from
Conestoga Road to Cortez Road for.purpose of future development
with the acknowledgement that current setbacks remain in place until
the Utility Easements are Extinguished.
4. 24-089 Consideration of approval of Resolution No. 24-05, a Federally Patent
Easement(FPE) Extinguishment of Roundup Street(alignment)for
purpose of future development of undeveloped parcels inside the
Apache Junction Town Home Development.
5. 24-139 Consideration of award of contract to Viasun Corporation for sidewalk
and traffic signal pedestrian facility improvements at the intersection of
Southern Avenue and Ironwood Drive. The work would be through
Pinal County cooperative job order Contact No. 175623 in the amount
of$267,793.64 plus at 10% contingency for unforeseen change orders
in the amount of$26,779.36 for a total project cost not to exceed
$294,573.00. Work will result in updated pedestrian facilities and
compliance with Americans with Disabilities Act regulations. Work is
planned to take place in the April-June 2024 time frame.
City of Apache Junction,Arizona Page 1 Printed on 311412024
City Council Meeting Agenda March 19,2024
6. 24-150 Consideration of approval of Resolution No. 24-12 authorizing the city
to terminate the agreement with Maricopa Regional 911 and to apply
for and accept a reimbursement grant for costs associated with AT&T
Telecommunications for equipment, maintenance and operations of
the City of Apache Junction's Public Safety Answering Point.
E. AWARDS, PRESENTATIONS AND PROCLAMATIONS
Awards,presentations from other organizations,proclamations issued by the mayor,and
acknowledgement of distinguished guests and visitors, and staff presentation of receipt of grant or
donated funds are permitted at this time.
7. 24-130 Proclamation designating March 29, 2024, as "Vietnam War Veterans
Day."
8. 24-138 Proclamation designating the week of April 2nd - 8th, 2024 as
"International Dark Sky Week."
F. REGIONAL INTERGOVERNMENTAL UPDATES
The mayor or any member of council may at this time present a,brief summary of any regional
intergovernmental updates. However, no discussion shall take place on such items except for clarifying
comments related to substance, time and location.
9. 24-073 Brief summary of intergovernmental updates from mayor and
councilmembers.
G. CITY MANAGER'S REPORT
The city manager,members of city staff or those individuals designated by the manager may present
information pertinent to items under consideration or information related to the operation of the city. There
shall however be no discussion at this time except for clarification inquiries.
10. 24-074 City Manager's Report.
11. 24-067 Presentation and discussion by Tony Smith from Pinal Partnership
regarding new projects and future plans.
12. 24-104 Presentation and discussion with Mary Ann Przybylski, President/CEO
of the Apache Junction Chamber of Commerce, on the operation of
the local visitor information center.
13. 24-077 Announcement of Current Events.
H. PUBLIC HEARINGS
Public hearings required by applicable law shall be conducted by the council and any person shall be
given the opportunity to speak.All remarks shall be addressed to the council as a whole and not to any
member thereof. Such remarks shall be limited to five(5)minutes unless additional time is granted by
the mayor. This time limitation shall not apply to applicants and their agents appearing before the council.
City of Apache Junction,Arizona Page 2 Printed on 311412024
City Council Meeting Agenda March 19,2024
14. 24-163 Presentation, discussion, public hearing and consideration of
Resolution No. 24-11, declaring as a public record that certain
document filed with the City Clerk and entitled "Legal Descriptions and
Zoning Conditions of Case No. P-23-119-PZ, (applicant: Frances
McGregor of Phoenix Metro Towing)authorized under Ordinance No.
1548 for a Planned Development Rezoning, repealing any conflicting
provisions and providing for severability.
15. 24-143• Presentation, discussion, public hearing.and consideration of
Ordinance No. 1548, Case P-23-119-PZ, a proposed planned
development rezoning requested by Frances McGregor of Phoenix
-Metro Towing to rezone Parcels 102-20-014C& 102-20-014D,
approximately 5 gross acres currently zoned General Rural Low
Density Single-Family Detached Residential(`RS-GR")and Industrial
by Planned Development("B�5/PD")to Industrial by Planned
Development("B-5/PD")with a new planned development overlay to
authorize the development an office and tow yard.
16. 24-145 Presentation, discussion, public hearing, and consideration of
- Ordinance No. 1546, approving a text amendment to the Apache
Junction City Code, Volume II, Land Development Code, Chapter 1:
Zoning Ordinance,.Article 1-17: §1-17-1 Definitions, Recreational
Vehicle; repealing any-conflicting provisions; and providing for
severability.This request was previously presented and discussed at
the City Council Work Session on March 18, 2024.
I. OLD BUSINESS
The council shall consider any business that has been previously considered and which is still unfinished
to include those items previously postponed or tabled. No member of the public shall be permitted to
speak on these items unless invited to do so by the mayor after first submitting a written
request-to-speak form with the city clerk.
J. NEW BUSINESS
The council shall consider any business not yet considered. No member of the public shall be permitted
to speak on these items unless invited to do so by the mayor after first submitting a written
request-to-speak form with the city clerk.
17. 24-105 Presentation, discussion and consideration of Resolution No. 24-07 for
continuing participation in the Arizona Metropolitan Trust employee
benefits program.
K. COUNCIL DIRECTION TO STAFF
This item allows the mayor and city council to direct staff on specifically listed matters.
L. SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES
City of Apache Junction,Arizona Page 3 Printed on 311412024
City Council Meeting Agenda March 19,2024
M. CALL TO PUBLIC
At this time the public has the privilege to address the council with requests, communications, comments
or suggestions.relating to.city business.All speakers must have already submitted a written `Request to
Speak"form to the city clerk no later than the conclusion of the city manager's report portion of the
agenda. if there is,a group speaking on the same item, they should select.a spokesperson.All such
remarks shall be addressed to the council as a whole and not to any member thereof. The mayor is
authorized to ask a speaker to stop speaking and leave the podium or to adjourn the meeting if anyone
becomes disorderly, uncivil, makes personal attacks or.continues to speak about items that are not
within the jurisdiction of the city after being warned,such issues are beyond the jurisdiction of the city to
act The council may not answer questions of the speaker,_discuss.the�matter with one another, but may,
at the conclusion: 1)respond to criticism by a speaker,•2)ask the city manager to review a matter,3)
ask the city manager to place the matter on a future agenda. Each speaker must approach the podium,
speak into the microphone,provide their name and address. There-is.a three(3)minute time limit per
speaker.
N. ADJOURNMENT
Copies of this agenda and additional information 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 maybe 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 4 Printed on 311412024,