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HomeMy WebLinkAbout2024 11.04 City Council Work Session Agenda 04 �,?ACHf� City of Apache Junction, Arizona Meeting location: +� City Council Chambers 1U Z at City Hall Agenda 300 E.Superstition Blvd. \gilONr Apache Junction,AZ City Council Work Session 85119 apachejunctionaz.gov Ph:(480)982-8002 Doors are open to the public at least 15 minutes prior to the posted meeting start time. Monday, November 4,2024 7:00 PM City Council Chambers A. CALL TO ORDER B. ROLL CALL C. AGENDA ITEMS 1. 24-899 Presentation and discussion of Resolution No. 24-38 authorizing the city to submit an application for a loan from the Greater Arizona Development Authority. Sponsors: Matt Busby Attachments: Resolution No.24-38 2. 24-892 Presentation and discussion of Case P-24-83-AM, a proposed text amendment of the Apache Junction Zoning Ordinance, Section 1-6-19 Accessory Dwelling Units to modify the accessory dwelling unit zoning requirements to comply with Arizona House Bill 2720. Sponsors: Addison Kaufman Attachments: P-24-83-AM Staff Memo.pdf EX. 1 P-24-83-AM Draft Amendment to Section 1-6-19 Accessc EX. 2 P-24-83-AM Draft Amendment REDLINE.pdf EX. 3 P-24-83-AM Staff Report.pdf P-24-83-AM 11-4-24 Presentation.pdf 3. 24-893 Presentation and discussion of Case P-24-84-AM, a proposed text amendment of the Apache Junction Zoning Ordinance, Article 1-16 Administration to comply with Arizona Senate Bill 1162. Sponsors: Theint Ko Attachments: P-24-84-AM Staff Memo.pdf EX. 1 P-24-84-PZ Draft Text Amendment to Article 1-16 Admini. EX. 2 P-24-84-PZ P&Z Commission Staff Report.pdf P-24-84-AM 11-4-24 Presentation.pdf City of Apache Junction,Arizona Page 1 Printed on 1013112024 City Council Work Session Agenda November 4,2024 4. 24-894 Presentation and discussion of Case P-23-112-PZ, a proposed rezoning of 991 E. Old West Highway, parcel 102-03-136A, requested by Greg Loper on behalf of Storbakken & Sons Construction Inc., to rezone the property from General Commercial ("13-1")to Industrial (T-F)to allow for the continued use of a construction business comprising a contractor's office, shop and indoor/outdoor storage with construction truck parking. Sponsors: Nicholas Leftwich Attachments: P-23-112-PZ CC-MEMO.pdf P-23-112-PZ Staff Report&Attachments.pdf P-23-112-PZ 11-4-24 CCWS Presentation.pdf D. ADJOURNMENT Copies of this agenda and additional information on any of the items listed above may be obtained from the City Clerk's office located at 300 E Superstition Blvd,Apache Junction,AZ 85119, Monday through Thursday from 7:00a-6:00p, excluding holidays. The City of Apache Junction invites and welcomes people of all abilities to use our programs, sites and facilities. Specific requests may be made by contacting the Human Resources Office at(480)474-2617 or TDD(480) 983-0095. The Apache Junction City Council may vote to go into Executive Session for legal advice on any item listed on this agenda pursuant to A.R.S. §38-431.03(A)(3);this notice is given pursuant to A.R.S. § 38-431.02 to the members of the City Council and the public. City of Apache Junction,Arizona Page 2 Printed on 1013112024 ►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. 'Piz File ID: 24-899 Sponsor: Matt Busby Agenda Date: 11/4/2024 Index: In Control: City Council Work Session Presentation and discussion of Resolution No. 24-38 authorizing the city to submit an application for a loan from the Greater Arizona Development Authority. City of Apache Junction,Arizona Page 1 Printed on 1013112024 RESOLUTION NO. 24-38 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AUTHORIZING THE APPLICATION FOR A LOAN FROM THE GREATER ARIZONA DEVELOPMENT AUTHORITY. WHEREAS, the City of Apache Junction, Arizona ("City") , has identified a need for certain capital improvement projects relating to drainage including, without limitation, the acquisition of certain real property (collectively, the "Project") ; and WHEREAS, in accordance with State of Arizona ("Arizona" or "State") law, City may obligate certain excise tax revenues and State shared revenues of City as the source of repayment for a loan from the Greater Arizona Development Authority ("GADA" ) ; and WHEREAS, City certifies that the population of City is less than 50, 000 persons as of the most recent United States Decennial Census date; and WHEREAS, it is in the best interest of City to pursue and apply for financial assistance from GADA in an amount not to exceed $10, 000, 000 for the Project; and WHEREAS, City has determined that the Project is in the best interests of its residents . NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AS FOLLOWS : Section 1 . The manager, deputy manager and the finance director of City (collectively, the "Authorized City Representatives") are each hereby authorized to act on behalf of City to apply for financial assistance from GADA. Section 2 . The Authorized City Representatives are hereby directed to take such actions as are necessary to apply for financial assistance from GADA in an amount not to exceed $10, 000, 000, and to identify that loan repayments will be payable from excise tax revenues and State shared revenues of City. RESOLUTION NO. 24-38 PAGE 1 OF 3 Section 3 . City hereby determines that the Project is in the best interests of City' s residents . Section 4 . For purposes of an application for financial assistance from GADA, City confirms that pursuant to this resolution the excise tax revenues and State shared revenues are committed as the source of loan repayments; provided that City, if approved by GADA to receive financial assistance, shall adopt a separate resolution to approve the terms and repayment requirements, and any form of loan agreement to be entered into between City and GADA. Furthermore, for purposes of an application for financial assistance from GADA, pursuant to this resolution City confirms its intent to pledge State shared revenues as a source of loan repayments, including, as applicable, for such State shared revenues of City to be subject to an intercept upon certain events of default to be described in more detail in a loan agreement between City and GADA. Section 5 . If any section, paragraph, subdivision, sentence, clause or phrase of this resolution is for any reason held to be illegal or unenforceable, such decision will not affect the validity of the remaining portions of this resolution. The mayor and council of City hereby declares that they would have adopted this resolution and each and every other section, paragraph, subdivision, sentence, clause or phrase hereof and authorized the execution and delivery of the GADA financial assistance application pursuant hereto irrespective of the fact that any one or more sections, paragraphs, subdivisions, sentences, clauses or phrases of this resolution may be held illegal, invalid or unenforceable . All ordinances, resolutions or parts thereof, inconsistent herewith, are hereby waived to the extent only of such inconsistency. This waiver shall not be construed as reviving any ordinance or resolution or any part thereof. Section 6 . All actions of the officers and agents of City including the mayor and council of City which conform to the purposes and intent of this resolution and which further the preparation, execution, delivery and submittal of the GADA financial assistance application as contemplated by this resolution, whether heretofore or hereafter taken, are hereby ratified, confirmed and approved. The proper officers and agents of City are hereby authorized and directed to do all such acts and RESOLUTION NO. 24-38 PAGE 2 OF 3 things and to execute and deliver all such documents on behalf of City as may be necessary to carry out the terms and intent of this resolution. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, 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: jo,- 10-31,24 RICHARD JOEL STERN City Attorney RESOLUTION NO. 24-38 PAGE 3 OF 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.2. 'Piz File ID: 24-892 Sponsor: Addison Kaufman Agenda Date: 11/4/2024 Index: In Control: City Council Work Session Presentation and discussion of Case P-24-83-AM, a proposed text amendment of the Apache Junction Zoning Ordinance, Section 1-6-19 Accessory Dwelling Units to modify the accessory dwelling unit zoning requirements to comply with Arizona House Bill 2720. City of Apache Junction,Arizona Page 1 Printed on 1013112024 O� PQACHE✓G'L z City of Apache Junction Development Services Department gRIZwA CITY COUNCIL STAFF MEMO Date : 11/4/2024 To: Honorable Mayor and City Council Members Through: Bryant Powell, City Manager Rudy Esquivias, Development Services Director Sidney Urias, Planning Manager From: Addison Kaufman, Planning intern Subject: Case P-24-83-AM Text Amendment to City Code Vol . II, Land Development Code, Chapter 1 : Zoning Ordinance, Article 1-6 : Supplemental Regulations, § 1-6-19 Accessory Dwelling Units . Background House Bill 2720 requires Arizona municipalities to modify Accessory Dwelling Unit ("ADU") regulations to comply with state law by January 1, 2025 . The bill sets restrictions on how ADU' s can be regulated in Arizona. HB2720 modifies the following: — Municipalities can no longer prohibit the use or advertisement of long-term ADU rentals . — Municipalities can no longer require a pre-existing relationship between an owner and occupant. — Muncipalities can no longer require the design/finish of ADU to match main structure . — Prohibits municipalities from implementing regulations for ADU' s that are stricter than SFR zoning. — Side and Rear setbacks cannot exceed 5 feet. On October 8, 2024, the drafted text was presented to the Planning and Zoning Commission. The Commission voted five (5) to one (1) to recommend approval for the proposed text amendment to the Apache Junction City Council . Staff proposes to amend Article 1-6 : Supplemental Regulations, § 1-6-19 Accessory Dwelling Units with the text provided in Exhibit 1 "Amendment to the Apache Junction City Code, Volume II, Land Text Amendment to § 1-6-19 Accessory Dwelling Units, Case P-24-83-AM November 4, 2024, City Council Work Session Staff Memo 1 O� PQACHE✓G'L z City of Apache Junction Development Services Department A gR/zwA Development Code, Chapter 1 : Zoning Ordinance, Article 1-6 : § 1-6-19 Accessory Dwelling Units . The affected portions are identified in the redlined version of this document, provided as Exhibit 2 "Amendment REDLINE to Apache Junction City Code, Volume II, Land Development Code, Chapter 1 : Zoning Ordinance, Article 1-6 : § 1-6-19 Accessory Dwelling Units . Prepared by: Addison Kaufman Planning Intern Attachments : - Exhibit 1 : Draft Amendment to the Apache Junction City Code, Volume II, Land Development Code, Chapter 1 : Zoning Ordinance, Article 1-6 : Supplemental Regulations, § 1-6-19 Accessory Dwelling Units - Exhibit 2 : Draft Amendment REDLINE to Apache Junction City Code, Volume II, Land Development Code, Chapter 1 : Zoning Ordinance, Article 1-6 : Supplemental Regulations, § 1-6-19 Accessory Dwelling Units - Exhibit 3 : P-24-83-AM Planning and Zoning Commission Staff Report, dated October 8, 2024 Text Amendment to § 1-6-19 Accessory Dwelling Units, Case P-24-83-AM November 4, 2024, City Council Work Session Staff Memo 2 AMENDMENT TO THE APACHE JUNCTION CITY CODE, VOLUME II, LAND DEVELOPMENT CODE, CHAPTER 1: ZONING ORDINANCE, ARTICLE 1-6: § 1-6-19 ACCESSORY DWELLING UNITS 1-6-19 ACCESSORY DWELLING UNITS. (A) Purpose and definition. An accessory dwelling unit is an attached or detached residential dwelling unit that may provide complete independent living facilities for 1 or more persons, and which may include provisions for living, sleeping, eating, cooking, and sanitation on the same parcel where the primary single-family dwelling is situated. An accessory dwelling unit may also be known as a secondary dwelling unit, granny flat, property caretaker's dwelling or guest house. Accessory dwelling units should not be confused with "accessory structures", which are defined and regulated differently in Vol. II, § 1-6-5. (B) Accessory dwelling units shall comply with the following regulations. (1) Permit required. An administrative use permit ("AUP") shall be required prior to construction and use of an accessory dwelling unit. (2) Number allowed. One accessory dwelling unit is permitted on a residential lot in all single-family detached residential zoning districts. This limitation does not include a personal caretaker's unit, which is separately described and regulated in Vol. II, § 1-6-20. (3) Design. (a) Accessory dwelling units may be detached, attached, or directly accessible from the primary dwelling unit. An accessory dwelling unit shall be constructed as a conventional (i.e., site-built) structure. It is recommended that the design of the building compliments or improves upon the main building's design. (b) Property caretakers, however, working as ranch hands for approved commercial horse boarding facilities may use a motor home, travel trailer or 5th wheel RV unit for their accommodation. See Vol. II, § 1-6-7(D)(7). (4) Setbacks. An accessory dwelling unit shall comply with the main building's front setback requirements and shall have a minimum setback of 5 feet on the rear and the sides. (5) Size. An accessory dwelling unit shall not be larger than 75% of the main building's square footage or 1,000 square feet, whichever is less. (6) Height. The maximum height of an accessory dwelling unit shall comply with the main building's maximum height requirements. (7) Kitchen allowed. An accessory dwelling unit shall be permitted to have a kitchen. (8) Rentols allowed. An accessory dwelling unit is permitted to be operated as a separate rental unit for long term housing. (9) Addressing. An accessory dwelling unit is not permitted to have a separate address or separate utility services/meters, or sewer/septic system from the main dwelling unit (unless an additional septic tank is allowed by the Pinal County Health Department). (10) Driveway access. The main dwelling unit and the accessory dwelling unit shall both use the same driveway for access. (11) Conditional use permit modification option. Modifications to the maximum size and height of an accessory dwelling unit may be allowed by approval of a CUP. AMENDMENT REDLINE TO THE APACHE JUNCTION CITY CODE, VOWME II, LAND DEVELOPMENT CODE, CHAPTER 1: ZONING ORDINANCE, ARTICLE 1-6: § 1-6-19 ACCESSORY DWELLING UNITS § 1-6-19 ACCESSORY DWELLING UNITS. (A) Purpose and definition. An accessory dwelling unit is an attached or detached residential dwelling unit that may provide complete independent living facilities for 1 or more persons, and which may include provisions for living, sleeping, eating, cooking, and sanitation on the same parcel where the primary single-family dwelling is situated. An accessory dwelling unit may also be known as a secondary dwelling unit, granny flat, property caretaker's dwelling or guest house. Accessory dwelling units should not be confused with "accessory structures", which are defined and regulated differently in Vol. II, § 1-6-5. (B) Accessory dwelling units shall comply with the following regulations. (1) Permit required. An administrative use permit ("AUP") shall be required prior to construction and use of an accessory dwelling unit. (2) Number allowed. One accessory dwelling unit is permitted on a residential lot in all single-family detached residential zoning districts. This limitation does not include a personal caretaker's unit, which is separately described and regulated in Vol. II, § 1-6-20. (3) Design. (a) Accessory dwelling units may be detached, attached, or directly accessible from the primary dwelling unit. An accessory dwelling unit shall be constructed as a conventional (i.e., site-built) structure that ^ ^'im^^*_ @^d *^^* *" PiFeeter^r desigRee. It is recommended that the design of the building compliments or improves upon the main buildings design. (b) Property caretakers, however, working as ranch hands for approved commercial horse boarding facilities may use a motor home, travel trailer or 5th wheel RV unit for their accommodation. See Vol. II, § 1-6-7(D)(7). (4) Setbacks. Accessory bUildiRg setbae-145; --;hall C--A-Mply With thP- FAaaA bl_lildiRg'S setback wa�-An accessory dwelling unit shall comply with the main building's front setback requirements and shall have a minimum setback of 5 feet on the rear and the sides. , {64 (5) Size. An accessory dwelling unit shall not be larger than 5&1A 75% of the main building's square footage or 1,000 square feet, whichever is less. {W� (6) Height. The maximum height of an accessory dwelling unit shall P^+ elxee^,- 2-5 feet comply with the main building's maximum height requirements. {44 (7) Kitchen allowed. An accessory dwelling unit shall be permitted to have a kitchen. 4-4 (8) We Rentals allowed. An accessory dwelling unit P^+ be gpeFated as a P^+ �, hl +the �� ^r„ dwelliRg ,IRS+ is permitted to be operated as a separate rental unit for long term housing. {Q} (9) Addressing. An accessory dwelling unit is not permitted to have a separate address or separate utility services/meters, or sewer/septic system from the main dwelling unit (unless an additional septic tank is allowed by the Pinal County Health Department). 444 (10) Driveway access. The main dwelling unit and the accessory dwelling unit shall both use the same driveway for access. 424 (11) Conditional use permit modification option. Modifications to the maximum size and height of an accessory dwelling unit may be allowed by approval of a CUP 004 V I ii § 1 16 /nl/n1 O� ACHE�Gti r� Z City of Apache Junction gR/ZONP Development Services Department 6 PLANNING AND ZONING COMMISSION PUBLIC HEARING STAFF REPORT DATE : October 8, 2024 TO: Planning and Zoning Commission THROUGH: Rudy Esquivias, Development Services Director Sidney Urias, Planning Manager FROM: Addison Kaufman, Planning Intern CASE NUMBER: P-24-83-AM REQUEST: Text Amendment to Article 1-6-19 : Accessory Dwelling Units BACKGROUND Due to the recent changes to the Arizona Revised Statues through House Bill 2720, Arizona municipalities will be required revise their zoning codes to comply with Arizona House Bill 2720 regarding Accessory Dwelling Unit regulations . Arizona municipalities are required to adopt, by ordinance, the statutory regulations by January 1, 2025 . Planning and Zoning Staff has drafted a text amendment to the Apache Junction City Code, Volume II, Land Development Code, Chapter 1 : Zoning Ordinance, Article 1-6-19 : Accessory Dwelling Units . PROPOSAL The draft amendment is being presented to the Planning and Zoning Commission for their recommendation to the City Council . The proposed text amendment is Case P-24-83-AM, requesting to amend Apache Junction City Code, Volume II, Land Development Code, Chapter 1 : Zoning Ordinance, Article 1-6-19; Accessory Dwelling Units . The text amendment will modify the text so that it is compliant with state law. To comply with HB2720, the advertisement of long-term rental units of Accessory Dwelling Units cannot be prohibited. A pre-existing relationship between the owner and occupant can not be required, An Accessory Dwelling Unit' s design Text Amendment to Article 1-6-19:Accessory Dwelling Units,Case P-24-83-AM October 8,2024,Planning and Zoning Commission Staff Report requirements can no longer be regulated but will be treated as a recommendation. Side and rear setbacks for Accessory Dwelling Units can' t exceed 5 feet. Lastly, Accessory Dwelling Units can' t be regulated more strictly than Single Family Homes in the same zoning district. PLANNING DIVISION RECOMMENDATION Planning staff recommends approval of the proposed text amendment, and offers the following recommended motion to update the Apache Junction City Code, Volume II, Land Development Code, Chapter 1 : Zoning Ordinance, Article 1-6-19 Accessory Dwelling Units RECOMMENDED MOTION I move that the Planning and Zoning Commission recommend to the Apache Junction City Council the approval of text amendment case P-24-83-AM, an amendment to the Apache Junction City Code, Volume II, Land Development Code, Chapter 1 : Zoning Ordinance, Article 1- 6-19 : Accessory Dwelling Units described in the attached text exhibits dated October 8, 2024 . -tddisovi ) cAmf mavi Prepared by Addison Kaufman Planning Intern Attachments: Exhibit #1 - P-24-83-AM: Draft Amendment to Apache Junction City Code, Volume II, Land Development Code, Chapter 1: Zoning Ordinance, Article 1-6-19: Accessory Dwelling Units Text Amendment to Article 1-6-19:Accessory Dwelling Units,Case P-24-83-AM October 8,2024,Planning and Zoning Commission Staff Report Pm24m83mAM Text Amendment to Article S lm6M19 Accessory Dwelling Units i3er House Bill 2720 City of Apache Junction City Council Work Session November 4, 2024 - Wldl� Background • House Bill 2720 • Arizona HB2720 passed May 21, 2024, (Arizona's response to the growing demand for ADU's ) • The bill places restrictions on how municipalities can regulate ADUIs • 1-6- 19 Accessory Dwelling Units must be amended by January 1, 2025, to comply with state law • October 8, 2024r0 Planning and Zoning Public Hearing : voted 5 to 1 ( one being absent) 1 4 f J Modifications House Bill 2720 • Can no longer prohibit the use or advertisement of long-term ADU rental • Can no longer require a pre-existing relationship between an owner and occupant • Can no longer require the design/finish of ADU to match main structure • Prohibits implementing regulations for ADU 's that are stricter than SFR zoning • Side and Rear setbacks cannot exceed S feet Changes to our Lwui , Current : (A) Purpose and definition Accessory dwelling units may be detached, attached, or directly accessible from the primary dwelling unit. An accessory dwelling unit shall be constructed as a -. conventional ( i .e ., site-built) structure n -�+ co emr� llmer�rc -, n ,� , r ��r� rict� r�r ..,;�� „ r � mr�r�� i�c 1 Innn thin h , lildina JOC10 - 'and h ' ' Old , tori ::11C ::IQ C113 mind hit thin Menzatn %AVWI I %.I 1 %.o I " %AII %ooOIII It) %J %oo4 %=w%jIbI I I I %o4 NO %A I I %o4 I I I t) I I I %.A 1 1 4-4 1 %J Y %A %J %A %.o tCE3.o1r-n14II %,OoI By Ell , 6JINMR.Eo dinciamola Proposed : (A) Purpose and definition Accessory dwelling units may be detached, attached, or directly accessible from the primary dwelling unit. An accessory dwelling unit shall be constructed as a conventional ( i .e ., site-built) structure. it is recommended that the design of the building compliments and is consistent with or improves upon the main buildings design and building materials . � r J Changes to our code Current: m garr. an ^i I r^irP t^i 1igar ^in d I ar nran gar�ii r^ira+^i 1i^ r Proposed : Remove (5) Per HB2720 We cannot require preexisting relationships Current. (7) Height. The maximum height shall �ex%.0%.w %.w %A A-%�f^^^^" '� faint:. Pr000sed : (7) Height. The maximum height shall comply with the main building's maximum height J Changes to our code Current: (9) �s rentals allowed . An accessory dwelling unit shall mo-+�� , nn ���" %.o %.w I I %.I I %.o V I W PJ%.o I %. Y I %J %A I %.. I I %.%A I V I W v %.0 1 U Y I I %.W W V V I I %.W I W I I %.W%J%J%.W %.W %.I I %.W I %mv W I %J I I " I I I I W U %J %A I %mo U 4e Proposed : (9 ) Rentals allowed . An accessory dwelling unit shall be permitted to be operated as a separate rental unit for long-term housing. 1 4 f J Changes t�ft ou Current: Size . An accessory dwelling unit shall not be larger than of the main building's square footage Proposed : Size . An accessory dwelling unit shall not be larger than of the main building's square footage 1 �- J Recommendatl %. Moft Staff and the Planning and Zoning Commission recommend the approval of text amendment case P-24-83-AM . City Council Public Hearing J 1 �. Q u esti o ns ? ►P�"E�c�, City of Apache Junction, Arizona 300 E Superstition Boulevard o Agenda Item Cover Sheet Apache Junction,AZ U =i 85119 Agenda Item No. 3. Piz File ID: 24-893 Sponsor: Theint Ko Agenda Date: 11/4/2024 Index: In Control: City Council Work Session Presentation and discussion of Case P-24-84-AM, a proposed text amendment of the Apache Junction Zoning Ordinance, Article 1-16 Administration to comply with Arizona Senate Bill 1162. City of Apache Junction,Arizona Page 1 Printed on 1013112024 O� PQACHE✓G'L z City of Apache Junction Development Services Department gRIZwA CITY COUNCIL WORK SESSION STAFF MEMO DATE : November 4, 2024 TO: Honorable Mayor and City Council Members THROUGH: Bryant Powell, City Manager Rudy Esquivias, Development Services Director Sidney Urias, Planning Manager FROM: Theint Thandar Ko, Planning Intern CASE NUMBER: P-24-84-AM SUBJECT: Ordinance No. 1557 Text Amendment to the Apache Junction City Code, Volume II, Land Development Code, Chapter 1 : Zoning Ordinance, Article 1-16 : Administration. SUMMARY On April 23, 2024, Senate Bill 1162 passed, requiring all Arizona municipalities to revise the citizen review process and review timelines for rezonings in their Zoning Ordinance . However, the requirements for rezonings do not apply to planned developments or other zoning entitlements . To comply with the law, all municipalities must adopt these changes by January 1, 2025 . The changes to be made are the following: (1) When filing a written protest for zoning map amendments, government-owned properties are excluded from the 200 calculation of property owners within 150 feet. For example, if there were 10 properties in a proposed rezoning area and three of them were owned by government entities, the 20% calculation will be based upon the remaining seven properties owned by private individuals . (2) To add a review timeline for rezoning cases ("Shot Clock" requirement) Therefore, staff has drafted a text amendment to the Apache Junction City Code, Volume II, Land Development Code, Chapter 1 : Text Amendment to Article 1-16: Administration, Case P-24-84-AM November 4, 2024, City Council Work Session Staff Memo O� PQACHE✓G'L z City of Apache Junction Development Services Department gR/zwA Zoning Ordinance, Article 1-16 : Administration to satisfy the City' s conformance with Senate Bill 1162 . Planning and Zoning Commission Meeting Summary On October 8, 2024, a drafted text was presented to the Commission. The Commission voted unanimously (6-0) to recommend approval for the proposed text amendment to the Apache Junction City Council . TV ciw+lWvidAr Ko Prepared by Theint Thandar Ko Planning Intern Attachments: - Exhibit 1 : Amendment to the Apache Junction City Code, Volume II, Land Development Code, Chapter 1 : Zoning Ordinance, Article 1-16: Administration - Exhibit 2 : P-24-84-AM Planning and Zoning Commission Staff Report Text Amendment to Article 1-16: Administration, Case P-24-84-AM November 4, 2024, City Council Work Session Staff Memo ARTICLE 1-16: ADMINISTRATION Section 1-16-1 Development Services Department and Zoning Administrator 1-16-2 Planning and Zoning Commission 1-16-3 City Council 1-16-4 Board of Adjustment and Appeals 1-16-5 Appeal and variance procedures 1-16-6 Amendments to Zoning Code or Zoning Map 1-16-7 Public hearings, notice and citizen review processes 1-16-8 Preliminary development review (PDR) processes 1-16-9 Site plan review and approval process 1-16-10 Annexation process 1-16-11 Amendments to the General Plan 1-16-12 Conditional use permits, administrative use permits and building permits 1-16-13 Development agreements 1-16-14 Administrative relief exceptions 1-16-15 Fees 1-16-16 Violations, penalties and enforcement 1-16-17 Application Review Timeline § 1-16-6 AMENDMENTS TO ZONING CODE OR ZONING MAP. (J) Protests against Zoning Map amendment. (1) If the owners of 20% or more either of the area of the lots included in a proposed Zoning Map amendment, or of those immediately adjacent in the rear or any side thereof extending 150 feet therefrom, or of those directly opposite thereto extending 150 feet from the street frontage of the opposite lots, excluding government-owned properties, file a protest in writing against a proposed amendment, it shall not become effective except by the favorable vote of 3/4 of all members of the Council. If any members of the Council are unable to vote on such a question because of a conflict of interest, the required number of votes for passage of the question shall be 3/4 of the remaining membership of the Council, provided that such required number of votes shall in no event be less than a majority of the full membership of the legally established Council. § 1-16-17 APPLICATION REVIEW TIMELINE (A) Applicability: The Review Timeline does not apply to planned area developments (B) Administrative completeness review. The City will issue an applicant a written or electronic notice of administrative completeness or deficiencies within 30 days. A.R.S. § 9- 835 (D)& (E) (C) If the City fails to issue the notice within 30 days, the application shall be considered administratively complete. (D) The application will be determined for administrative completeness within 15 days after receiving the requested documents.A.R.S. § 9-462. 10. (A). (E) When the application is administratively complete, the City shall approve or deny it within 180 days.A.S.R. § 9-462-10 (B). (F) Extension. The City may allow an extension beyond 180 days for the following reasons: 1. The City may have a one-time extension of no more than 30 days for extenuating circumstances. 2. If an applicant requests an extension,the City may grant a 30-day extension. O� ACHE✓G'L r� Z City of Apache Junction gR/ZONP Development Services Department 6 PLANNING AND ZONING COMMISSION PUBLIC HEARING STAFF REPORT DATE : October 8, 2024 TO: Planning and Zoning Commission THROUGH: Rudy Esquivias, Development Services Director Sidney Urias, Planning Manager FROM: Theint Thandar Ko, Planning Intern CASE NUMBER: P-24-84-AM REQUEST: Text Amendment to Article 1-16 : Administration BACKGROUND On April 23, 2024, Senate Bill 1162 passed, requiring all Arizona municipalities to revise the citizen review process and review timelines for rezonings in their Zoning Ordinance. However, the requirements for rezonings do not apply to planned developments or other zoning entitlements . To comply with the law, all municipalities must adopt these changes by January 1, 2025 . Therefore, staff has drafted a text amendment to the Apache Junction City Code, Volume II, Land Development Code, Chapter 1 : Zoning Ordinance, Article 1-16 : Administration to satisfy the City' s conformance with Senate Bill 1162 . PROPOSAL The proposed amendment modifies the Apache Junction City Code, Volume II, Land Development Code, Chapter 1 : Zoning Ordinance, Article 1-16 : Administration. There will be two changes to the code: 1 . Revising the existing zoning ordinance : Adding the phrase "excluding government-owned property" to subsection (J) of § 1-16-6 Amendments to Zoning Code or Zoning Map. The change is intended to specify that Text Amendment to Article 1-16: Administration, Case P-24-84-AM October 8, 2024, Planning and Zoning Commission Staff Report government-owned properties will not be included in the calculation of 20% property owner requirement when filing protests against Zoning Map Amendments . For example, if there were 10 properties in a proposed rezoning area and three of them were owned by government entities, the 20% calculation will be based upon the remaining seven properties owned by private individuals . 2 . Adding a new section: A new section named § 1-16-17 Application Review Timeline will be added. This is because the bill requires every municipality in the State of Arizona to establish or amend their zoning code regarding the rezoning application review timelines . PLANNING DIVISION RECOMMENDATION Planning staff recommends approval of the proposed text amendment and offers the following recommended motion to update the Apache Junction City Code, Volume II, Land Development Code, Chapter 1 : Zoning Ordinance, Article 1-16 : Administration. RECOMMENDED MOTION I move that the Planning and Zoning Commission recommend to the Apache Junction City Council the approval of text amendment case P-24-84-AM, an amendment to the Apache Junction City Code, Volume II, Land Development Code, Chapter 1 : Zoning Ordinance, Article 1- 16 : Administration described in the attached text exhibits dated October 8, 2024 . Tiieiw+TV avidcir Ko Prepared by Theint Thandar Ko Planning Intern Attachments: Exhibit #1 - P-24-84-AM: Draft Amendment to Apache Junction City Code, Volume II, Land Development Code, Chapter 1: Zoning Ordinance, Article 1-16: Administration. Text Amendment to Article 1-16: Administration, Case P-24-84-AM October 8, 2024, Planning and Zoning Commission Staff Report Pm24m84mAM Text Amendment to Article § lml6 , Administration per Senate Belli 1162 City of Apache Junction City Council Work Session November 4, 2024 - Wldl� fit Background • Senate Bill 1162 • Passed on April 23, 2024 • Must adopt by January 1, 2025 • Excludes govern ment-owned properties from rezoning protests calculations • Requires municipalities to adopt an application review timeline for rezonings AKA "Shot clock requirement" • October 8, 2024: Planning and Zoning Public Hearing : voted 6 to 0 one being absent) J 1 �. Changes to our codes § 1-16-6 Amendment to Zoning Code or Zoning Map (J ) Protests against Zoning Map amendment. ( 1) If the owners of 20% or more either of the area of the lots included in a proposed Zoning Map amendment, or of those immediately adjacent in the rear or any side thereof extending 150 feet therefrom, or of those directly opposite thereto extending 150 feet from the street frontage of the opposite lots, excluding govern ment-owned property, file a protest in writing against a proposed amendment, it shall not become effective except by the favorable vote of 3/4 of all members of the Council . If any members of the Council are unable to vote on such a question because of a conflict of interest., the required number of votes for passage of the question shall be 3/4 of the remaining membership of the Council, provided that such required number of votes s II in no event be less than a majority of the full membership of the legally established Council . New Section - Application Review Timeline "Shot clock". • Does not apply to Planned Developments • A notice within 30 days for administrative completeness or deficiencies • No notice issuance within 30 days; the application must be considered complete • 15 days to determine if the resubmitted application is complete • 180 days to approve or deny the case • Extensions : City: One-time 30-day extension for extenuating circumstances Applicant : Additional 30-day extensions may be granted ( if requested ) Recommendat 'irs Staff and the Planning and Zoning Commission recommend the APPROVAL of text amendment case P-24-84-AM . City Council Public Hearing Questions ? ►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: 24-894 Sponsor: Nicholas Leftwich Agenda Date: 11/4/2024 Index: In Control: City Council Work Session Presentation and discussion of Case P-23-112-PZ, a proposed rezoning of 991 E. Old West Highway, parcel 102-03-136A, requested by Greg Loper on behalf of Storbakken &Sons Construction Inc., to rezone the property from General Commercial (T-V)to Industrial (T-Y) to allow for the continued use of a construction business comprising a contractor's office, shop and indoor/outdoor storage with construction truck parking. City of Apache Junction,Arizona Page 1 Printed on 1013112024 O� PQACHE�Gti n� 4 1pjk�z City of Apache Junction Development Services Department '9RIZONP � CITY COUNCIL WORK SESSION STAFF MEMO Date : November 4, 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-23-112-PZ Subject: Proposed rezoning of 991 E . Old West Highway, from General Commercial ("B-1") to Industrial ("B-5") Summary P-23-112-PZ is a proposed Rezoning requested by Greg Loper on behalf of Storbakken & Sons Construction Inc. to rezone approximately 1 . 6 acres located near the southeast corner of Royal Palm Road & Old West Highway (APN 102-03-136A) from General Commercial ("B-1") to Industrial ("B-5") to allow for the continued use of a construction business comprising a contractor' s office, service shop for their fleet maintenance and indoor/outdoor storage with construction truck parking. Planning & Zoning Commission Hearing and Recommendation The Planning and Zoning Commission held a public hearing for P-23-112-PZ on October 22, 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 rezoning proposal and subsequently voted 7-0 to recommend approval of P-23-112-PZ, subject to the conditions of approval that were recommended in the Staff Report, dated October 22, 2024 . Attached: - Planning and Zoning Commission Staff Report and attachments (February 27, 2024) Planning& Zoning—Building& Safety—Revenue Development 300 E. Superstition Boulevard • Apache Junction,AZ 85119 • Ph: (480)474-5083 •Fax(480)982-7010 O� p,PACHE /Gti z City of Apache Junction Development Services Department '9RIZwA PLANNING AND ZONING COMMISSION PUBLIC HEARING STAFF REPORT DATE: October 22, 2024 CASE NUMBER: P-23-112-PZ OWNERS: SM Holdings LLC / Storbakken & Sons Construction Inc. APPLICANT: Greg Loper, on behalf of Storbakken & Sons Construction, Inc. REQUEST: Proposed rezoning of 991 E. Old West Highway, approximately 1 . 6 acres currently zoned General Commercial ("B-1") to Industrial ("B-5") and a Minor General Plan Amendment from Commercial to Light Industrial/Business Park and Industrial LOCATION: APN 102-03-136A, generally located near the southeast corner Royal Palm Road and Old West Highway in Section 28 GENERAL PLAN DESIGNATION: Commercial SURROUNDING USES: North: General Commercial by Planned Development (B-1) East: High Density Multiple-Family Residential by Planned Development (RM-1/PD) South: Medium Density Single-Family Detached Residential (RS-10) West: High Density Multiple-Family Residential (RM-2) BACKGROUND According to the Pinal County Assessor, the building on the property was constructed as an automobile service garage in 1953. The property maintained this use until about 2016, with Arizona Tiremen Services as the last automobile servicer and a tire sales store. After the property closed for automobile services it was used as a contractor' s yard and office from about 2018 to 2021, at which point the current owner SM Holdings LLC purchased the property to use for their business, Storbakken & Sons Construction Inc. , a construction and contractor' s business with 1 "Storbakken&Sons Construction Inc. Rezoning"Case P-23-112-PZ October 22,2024,Planning and Zoning Commission Staff Report O� pPACHE /Gti z City of Apache Junction Development Services Department '9RIZwA limited outdoor storage of business materials, truck and heavy equipment parking, and limited maintenance of their own business vehicles . Truck staging, outdoor storage, and heavy equipment maintenance use of this property are not a permitted use under the B-1 "General Construction" zoning designation, and this zoning issue came to the notice of the city in 2023. At this point Staff contacted the property owners and business representatives and informed them of the zoning violation and the need to correct the issue, and the options to do so, including a possible rezoning to an appropriate zoning district for the described uses. PROPOSALS P-23-112-PZ is a proposed Rezoning requested by Greg Loper on behalf of Storbakken & Sons Construction Inc. to rezone approximately 1 . 6 acres located near the southeast corner of Royal Palm Road & Old West Highway (APN 102-03-136A) from General Commercial ("B-1") to Industrial ("B-5") to allow for the continued use of a construction business comprising a contractor' s office, shop and indoor/outdoor storage with construction truck parking. No deviations to the Apache Junction Zoning Ordinance are requested at this time. PLANNING STAFF ANALYSIS Relationship to General Plan: The subject site is currently designated by the City' s general plan as "Commercial". Commercial represents commercial and office areas with convenient access to major roadways that are close to residential areas, intended to serve the surrounding community consisting of general retail, restaurants, department chain stores, grocery stores, and professional offices . The applicant' s business operations are more appropriate to the Light Industrial/Business Park and Industrial, which they request a minor General Plan Amendment to amend the Land Use Map to match. This land use designation is present further south and east along Old West Highway. This designation is for light and heavy industrial, professional offices, warehouses and other similar uses, per the General Plan. Zoning/Site Context: The approximate 1 . 6 acre property is a privately owned parcel surrounded by commercial to the north, multi-family to the west (Sonoma Apartments) and east (the under development Old West Highway Village) , the Palm Springs single-family residential neighborhood to the south. 2 "Storbakken&Sons Construction Inc. Rezoning"Case P-23-112-PZ October 22,2024,Planning and Zoning Commission Staff Report O� PQACHE /Gti z City of Apache Junction Development Services Department '9RIZwA Public Input: Neighborhood meeting notification letters were sent to property owners within a 500-foot radius, per the expanded notification radius required by the requirements of the Apache Junction Zoning Ordinance §1-16-6 (5) Mailing notice for Zoning Map amendments. On June 25, 2024, the applicant held a neighborhood meeting in-person at the Apache Junction Multi-Generational Center, to which no one attended. FINDINGS OF FACT FOR MINOR GENERAL PLAN AMENDEMENT As required by the Apache Junction General Plan, a Minor General Plan Amendment request may be approved by the City Council after consideration has been given to specific criteria. The criteria are 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: Within the area of this request, there are NOT available locations that provide the required Industrial land use designation and meet the criteria necessary for this business to successfully operate, the most notable being outstanding access for the greater Apache Junction and eastern Maricopa County and Pinal County area. In addition, through a mistake caused by their realtor, they already own 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 2020-2050 General Plan. Applicant Response: The requested Amendment does constitute an overall improvement to the General Plan by supporting the use of a Property that otherwise has a long history of inactivity and vacancies. The requested Minor General Plan Amendment is also consistent with the overall intent of the General Plan, particularly in regard to the Goals of the Economic Development, Growth Area, Cost of Development and Land Use elements of the adopted General Plan. 3 . Whether the proposed amendment is justified by an error in the 2020- 2050 General Plan as originally adopted. Applicant Response: To the best of our knowledge, there is not a specific error in the adopted General Plan other than the land use designation itself. 3 "Storbakken&Sons Construction Inc. Rezoning"Case P-23-112-PZ October 22,2024,Planning and Zoning Commission Staff Report O� p,PACHE /Gti z City of Apache Junction Development Services Department '9RIZONP' 4 . Whether the proposed change is generally consistent with goals, objectives, and other elements of the 2020-2050 General Plan. Applicant Response: As noted above, the request is consistent with a number of the Goals of the General Plan related to the Economic Development, Growth Area, Cost of Development and Land Use elements of the adopted General Plan. Highlights of these include the following: Economic Development Element: -Goal 5.1 - Attract all quality private investment that will add value and bring diversification to current and future residents of Apache Junction as a great place to live, work and play. -Goal 5. 6 - Continue to strengthen and advocate for economic development opportunities that considers current conditions, existing needs, business threats and opportunities, and solution-oriented deliverables that will strengthen existing businesses. Growth Area Element: -Goal 9.1 - Increase the city's financial sustainability. -Goal 9.3 - Encourage infill development. Cost of Development Element: -Goal 10.5 - Ensure that new development pays its fair and proportional share of the cost of additional public facility and service needs. ■Goal 10. 6 - Relate infrastructure investment and land use decisions to municipal economic sustainability. Land Use Element: -Goal 11 .2 - Provide a balance of uses throughout the community. 5 . Whether the proposed change is justified by a change in community conditions or neighborhood characteristics since adoption of the Plan. Applicant Response: As noted several times throughout this Project Narrative, the Property has seen a number of unsuccessful businesses and intermittent vacancies over the years, especially once the Superstition Freeway diverted "through" traffic from Old West Highway. Part of that reason is that the Property is one of a large number of commercially zoned and (was) vacant/underutilized. In addition, this particular site does not have great visibility nor is it located at a major intersection where commercial viability is enhanced. Lastly, the limited frontage and existence of developed residential uses properties on either side 4 "Storbakken&Sons Construction Inc. Rezoning"Case P-23-112-PZ October 22,2024,Planning and Zoning Commission Staff Report O� PQACHE /Gti z City of Apache Junction Development Services Department '9RIZwA prohibit the expansion of the Property to a greater size that might also enhance its commercial viability. 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 proposed Minor General Plan Amendment does not significantly alter the land use patterns of the area. Additionally, the Property is not located in an established neighborhood which has largely land-locked (no ability to expand) residential uses on all sides. b. Significantly reducing the housing to jobs balance in the Planning Area. Applicant Response: The request will have the opposite effect by enhancing the job balance within Apache Junction. c. Substantially decreasing existing and future water supplies. Applicant Response: The use of the property utilizes very little water; primarily water is only used for restroom facilities and the occasional cleaning of equipment. d. Replacing employment with residential uses . Applicant Response: This request also has the opposite effect by adding employment uses. 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 use has virtually no impact on existing infrastructure or municipal services. This can be measured today and verified by City of Apache Junction staff as the business has been in operation for approximately 3+ years. 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 use also has virtually no traffic impacts. This can also be measured today and confirmed by City of Apache Junction staff as the business has been in operation for approximately 3+ years. 5 "Storbakken&Sons Construction Inc. Rezoning"Case P-23-112-PZ October 22,2024,Planning and Zoning Commission Staff Report O� p,PACHE /Gti z City of Apache Junction Development Services Department A '9RIZwA g. Affecting the existing character (i.e. , visual, physical and functional) of the immediate area. Applicant Response: The use utilizes an existing, approximately 70-year- old building that has largely been vacant and/or underutilized for the past 30+ years. Storbakken and Sons has already - at their own financial risk - completed various property improvements and will provide more enhancement should these entitlement requests be approved. h. Increasing the exposure of residents to aviation generated noise, safety and/or flight operations . Applicant Response: Storbakken and Sons has no aviation or aerial components to their operations. i. Materially diminishing the environmental quality of the air, water, land, or cultural resources . Applicant Response: The Storbakken and Sons operation does not adversely affect 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: Finally, the Storbakken and Sons operation does not significantly alter, nor affect, recreational amenities. In addition, the Storbakken & Sons business also furthers a number of the goals and policies of the Old West Highway Redevelopment Area Plan. PLANNING DIVISION RECOMMENDATION As this rezoning has been requested to amend the zoning designation from B-1 "General Commercial" to B-5 "Industrial" to comply with the zoning land use requirements and remedy the issue of the non- conforming use, staff is supportive of this rezoning as a means of correcting the zoning violation and using the opportunity to improve the property and bring it into compliance with modern codes and requirements. To this end, Staff recommends the requirement of several improvements in order to meet current Zoning Ordinance standards, as noted here: Screen Walls: Per § 1-8-6 LANDSCAPE STANDARDS, (B) Screening. (1) 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, screening walls shall be required in accordance with Vol. II, § 1-6-3, Table 6-2 . 6 "Storbakken&Sons Construction Inc. Rezoning"Case P-23-112-PZ October 22,2024,Planning and Zoning Commission Staff Report O� PQACHE /Gti z City of Apache Junction Development Services Department '9RIZwA Per § 1-6-3 FENCES AND WALLS, the side and rear walls at the perimeter of the site shall be 6' minimum opaque walls painted or stained with desert/earth tone colors. The front fence shall also be replaced by a decorative wall compliant with code requirements. It would be required that the walls may be secured with security wall spikes or equivalent security features, but shall not use barbed wire or concertina razor wire. If there is any wire used, it would need to be internal to the site and not visible from the public right of way. This front screen wall is generally required to be an opaque decorative wall to screen storage or vehicle parking from the public right of way, so further upgrade to the wall may still be required. Driveway and Driveway Apron: The driveway and driveway apron shall be an improved surface, not just decomposed granite or gravel. Dustproof Surfacing: The proposed vehicle parking and circulation areas within the development shall be surfaced for dustproofing purposes to meet the city' s requirements, as outlined in the City of Apache Junction Ordinance 1316. Building Elevations: As no change to the structures on site is proposed, there is nothing new being required architecturally, but to comply with general maintenance standards, we recommend that the building be repainted as the paint is deteriorating and chipped away in several places . Per our design standards, the new paint coat should be desert/earth tone colors . The awnings and pole out front should be painted as well to eliminate the blue for consistent earth tone colors as well. Landscaping: The site does not currently provide any screening landscaping along Old West Highway, which is required per Zoning Ordinance, Article 1-8, Landscape Regulations . Landscaping, screening and irrigation improvements shall be provided in compliance with the city' s landscape and screening requirements, which would include trees and shrubs on site, while the street frontage shall include vegetative ground cover (1-gallon minimum) and be covered with inorganic mulch such as crushed decorative rock, river run and/or boulders . An impervious weed barrier or pre-emergent chemical treatment shall be applied to the bare ground prior to the placement of inorganic ground cover materials. The trees along the Old West Highway frontage shall be a minimum of 36" box. (Note: The Zoning Ordinance § 1-8-6 Landscape Standards only requires 24" box trees, but we recommend that the trees along the Old West Highway frontage be planted in the 36" box size instead of the listed 24" to provide additional screening standard for industrial uses. ) 7 "Storbakken&Sons Construction Inc. Rezoning"Case P-23-112-PZ October 22,2024,Planning and Zoning Commission Staff Report O� PQACHE /Gti z City of Apache Junction Development Services Department '9RIZwA Public Works Improvements: To the extent required by Public Works, street improvements along Old West Highway shall be installed, including but not necessarily limited to, extension of pavement and the provision of sidewalk, curb, gutter, streetlights, underground utilities, fire hydrants, subject to review and approval by the city engineer. Lighting: All outdoor lighting shall be dark sky compliant. RECOMMENDED MOTION I move that the Planning and Zoning Commission recommend to the Apache Junction City Council the approval of case P-23-112-PZ, a rezoning request by SM Holdings LLC / Storbakken & Sons Construction Inc. (owner/operator) , represented by Greg Loper (applicant) , for a rezoning of approximately 1 . 6 acres at 991 E. Old West Highway, APN 102-03-136A from General Commercial ("B-1") to Industrial ("B-5") to approve the use of use of a construction business comprising a contractor' s office, shop and indoor/outdoor storage with construction truck parking, subject to the following conditions of approval: 1) The project shall be improved in accordance with the plans approved and associated with this case and all provisions of the Zoning Ordinance and City codes applicable to this case. 2) 6' minimum opaque screen walls shall be installed in compliance to §1-6-3 Fences and Walls. Per code requirements, the front screen wall along Old West Highway shall be a decorative wall. 3) The driveway and driveway apron shall be an improved surface meeting the city' s commercial driveway standards. 4) The proposed vehicle parking and circulation areas within the development shall be surfaced for dustproofing purposes to meet the city' s requirements, as outlined in the City of Apache Junction Ordinance 1316. 5) The building' s exterior shall be maintained to comply with general maintenance standards, including a repainting to repair the deterioration in desert/earth tone colors. 6) Landscaping, screening and irrigation improvements shall be provided in compliance with the city' s landscape and screening requirements, which would include trees and shrubs on site, while the street frontage shall include vegetative ground cover (1-gallon minimum) and be covered with inorganic mulch such as crushed decorative rock, river run and/or boulders. An impervious weed barrier or pre-emergent chemical treatment shall be applied to the bare ground prior to the placement of inorganic ground cover materials . The trees along the Old West Highway frontage shall be a minimum of 36" box. 7) These required improvements shall be made and finished within 12 months of the zoning approval for case P-23-112-PZ. 8 "Storbakken&Sons Construction Inc. Rezoning"Case P-23-112-PZ October 22,2024,Planning and Zoning Commission Staff Report O� PQACHE�Gti z City of Apache Junction Development Services Department '9R/iwA 7 W- L.P�- — Prepared by Nick Leftwich Planner Attachments: Exhibit #1 : P-23-112-PZ Project Narrative Exhibit #2 : P-23-112-PZ Site Plan Exhibit #3 : P-23-112-PZ Vicinity Map Exhibit #4 : P-23-112-PZ Public Participation Report 9 "Storbakken&Sons Construction Inc. Rezoning"Case P-23-112-PZ October 22,2024,Planning and Zoning Commission Staff Report Storbakken & Sons Project Narrative Related to a Request for a rezoning from B-1 to B-5, and a Minor General Plan Amendment (from Commercial to Light Industrial/Business Park and Industrial) for a construction-related business on approximately 1 .61 net acres located on the south-side of Old West Highway, east of Royal Palm Road and west of Tomahawk Road (991 East Old West Highway) SITEjob- :,', • r .,�:.•� W n.t.s. �. * T � t C • 41 Nob 1 1 •. • !110 Case #: P-23-112-PZ Date Revised: October 13, 2024 Introduction: This Project Narrative is being submitted to the City of Apache Junction for consideration of a rezoning from B-1 (General Commercial) to B-5 (Industrial) - as well as a Minor General Plan Amendment (from Commercial to Light Industrial/Business Park and Industrial) - to allow for the continued use of the Property as a construction business (contractor's office, shop and indoor/outdoor storage) on approximately 1.61 net acres (70,131-feet) located on the south-side of Old West Highway, east of Royal Palm Road and west of Tomahawk Road (the "Property"). The Property has an address of 991 East Old West Highway, and a Pinal County Assessor's Parcel Number ("APN") of 102-03-136A (the "Property"). Storbakken & Sons Construction, Inc. was established in 2009 in North Dakota and has their roots as a family-owned and family-oriented small business in the construction and earthwork trades. Seeing a need for their services in the east valley area of the greater Phoenix Metropolitan and Pinal County areas, Storbakken purchased this property in 2021, believing that it had the correct zoning and other entitlements to utilize the Property as a contractor's office, shop and indoor/outdoor storage. Since their purchase of the Property, and at their own financial risk, Storbakken has done much to improve the appearance of the site. Additional site improvements (fagade / painting, landscaping, etc.) will be completed once the proper zoning and land use entitlements are in place. Project Description: Storbakken & Sons proposes to continue the use of the Property as a construction and contractor's business, including an office, shop and indoor/outdoor storage. Existing improvements include the following: • A single-story 1,380 square foot Office Building with Interior Maintenance Areas, Storage & Attached Shade Canopies which was constructed in 1953 • A -30-foot-wide driveway onto Old West Highway (with 6' high wrought iron rolling gate) • Screening that includes a 6' high wrought iron fence with columns along the Old West Highway frontage and a 6' high solid wall along the remaining Property perimeter screening (east, south and west property lines). Side and rear portions of the Property have existing and mature landscaping • Outdoor areas that include customer parking, truck parking, internal circulation, and truck and heavy equipment storage and maintenance A rezoning/site plan exhibit is included with this submittal. Storbakken & Sons Rezoning & Minor GPA(P-23-112-PZ)— Project Narrative October 13, 2024 Page 2 of 9 Since the acquisition of the Property, Storbakken & Sons has worked to improve the Property by clearing it of weeds and abandoned materials, adding to and improving the Property screening as noted above, and improvements to both the exterior and interior portions of the existing building. The intent is that with the approval of the B-5 zoning request is to continue to improve the Property with the addition of frontage landscaping, new signs, fagade / painting improvements, etc. The Property has seen a number of businesses over the years; few have been successful for long. The most recent business prior to Storbakken & Sons was a tire business that closed several years ago. As stated above, this request consists of two (2) parts: • Rezoning from B-1 (General Commercial) to B-5 (Industrial) • Minor General Plan Amendment, from Commercial to Light Industrial/Business Park and Industrial The specifics of each request and the related rationale for the changes are noted below. Rezoning: The request for the rezoning from B-1 (General Commercial) to B-5 (Industrial) is to grant them the ability to remain on this property and for their business to have a secure future with the opportunity for growth. The City of Apache Junction Zoning Ordinance defines the B-5 (Industrial) Zoning District as "Generally intended for light industrial uses permitted by right, and heavy industrial uses permitted as conditional uses." Also as noted above, the current operation is a construction and contractor's business (including offices and internal shop and storage areas), with limited outdoor storage (business-related only), along with truck and heavy equipment parking and limited maintenance of same. Minor General Plan Amendment: The second component of this request is for a Minor General Plan Amendment (from Commercial to Industrial) to coincide with the rezoning request. The Apache Junction General Plan states that the Light Industrial/ Business Park and Industrial land use designation represents "areas where manufacturing is appropriate. Storbakken & Sons Rezoning & Minor GPA(P-23-112-PZ)— Project Narrative October 13, 2024 Page 3 of 9 These uses generally occur in a business park type environment with clustered buildings and inward focuses activity which can include light and heavy industrial, professional office, warehouses and other similar uses." The present location, while not in a Business Park environment, is located along a major arterial-type roadway (Old West Highway, formerly known as US 60) which limits the Property's appeal for single-family residential. There is an overabundance of existing and vacant commercial properties in the area mean that changing the land use designation from Commercial will not detract from other commercial opportunities in the area. In addition, the property is buffered from pending residential uses to the east and existing residential uses to the south by an existing 20-foot-wide alley and existing onsite screening, with multi-family residential uses to the west. Within the City of Apache Junction General Plan, there are the "Findings of Fact" (questions and criteria) that must be addressed in any request for an Amendment. The respective Findings of Fact are noted below (in italics), with the response following each: 1. Whether the amendment proposes a land use designation that the Land Use Plan Map does not adequately provide optional sites to accommodate. Response: Within the area of this request, there are NOT available locations that provide the required Industrial land use designation and meet the criteria necessary for this business to successfully operate, the most notable being outstanding access for the greater Apache Junction and eastern Maricopa County and Pinal County area. In addition, through a mistake caused by their realtor, they already own 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 2020-2050 General Plan. The requested Amendment does constitute an overall improvement to the General Plan by supporting the use of a Property that otherwise has a long history of inactivity and vacancies. The requested Minor General Plan Amendment is also consistent with the overall intent of the General Plan, particularly in regard to the Goals of the Economic Development, Growth Area, Cost of Development and Land Use elements of the adopted General Plan. Storbakken & Sons Rezoning & Minor GPA(P-23-112-PZ)— Project Narrative October 13, 2024 Page 4 of 9 3. Whether the proposed amendment is justified by an error in the 2020-2050 General Plan as originally adopted. To the best of our knowledge, there is not a specific error in the adopted General Plan other than the land use designation itself. 4. Whether the proposed change is generally consistent with goals, objectives, and other elements of the 2020-2050 General Plan. As noted above, the request is consistent with a number of the Goals of the General Plan related to the Economic Development, Growth Area, Cost of Development and Land Use elements of the adopted General Plan. Highlights of these include the following: Economic Development Element: • Goal 5.1 - Attract all quality private investment that will add value and bring diversification to current and future residents of Apache Junction as a great place to live, work and play. • Goal 5.6 - Continue to strengthen and advocate for economic development opportunities that considers current conditions, existing needs, business threats and opportunities, and solution-oriented deliverables that will strengthen existing businesses. Growth Area Element: • Goal 9.1 - Increase the city's financial sustainability. • Goal 9.3 - Encourage infill development. Cost of Development Element: • Goal 10.5 - Ensure that new development pays its fair and proportional share of the cost of additional public facility and service needs. • Goal 10.6 - Relate infrastructure investment and land use decisions to municipal economic sustainability. Land Use Element: • Goal 11.2 - Provide a balance of uses throughout the community. 5. Whether the proposed change is justified by a change in community conditions or neighborhood characteristics since adoption of the Plan. As noted several times throughout this Project Narrative, the Property has seen a number of unsuccessful businesses and intermittent vacancies over the years, especially once the Superstition Freeway diverted "through" traffic from Old West Highway. Part of that reason is that the Property is one of a large number of Storbakken & Sons Rezoning & Minor GPA(P-23-112-PZ)— Project Narrative October 13, 2024 Page 5 of 9 commercially zoned and (was) vacant/underutilized. In addition, this particular site does not have great visibility nor is it located at a major intersection where commercial viability is enhanced. Lastly, the limited frontage and existence of developed residential uses properties on either side prohibit the expansion of the Property to a greater size that might also enhance its commercial viability. 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. The proposed Minor General Plan Amendment does not significantly alter the land use patterns of the area. Additionally, the Property is not located in an established neighborhood which has largely land-locked (no ability to expand) residential uses on all sides. b. Significantly reducing the housing to jobs balance in the Planning Area. The request will have the opposite effect by enhancing the job balance within Apache Junction. c. Substantially decreasing existing and future water supplies. The use of the property utilizes very little water; primarily water is only used for restroom facilities and the occasional cleaning of equipment. d. Replacing employment with residential uses. This request also has the opposite effect by adding employment uses. 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. The use has virtually no impact on existing infrastructure or municipal services. This can be measured today and verified by City of Apache Junction staff as the business has been in operation for approximately 3+ years. f. Increasing traffic (without mitigation measures) on existing roadways beyond the planned level of service, and that negatively impact existing and planned land uses. Storbakken & Sons Rezoning & Minor GPA(P-23-112-PZ)— Project Narrative October 13, 2024 Page 6 of 9 The use also has virtually no traffic impacts. This can also be measured today and confirmed by City of Apache Junction staff as the business has been in operation for approximately 3+ years. g. Affecting the existing character (i.e., visual, physical and functional) of the immediate area. The use utilizes an existing, approximately 70-year-old building that has largely been vacant and/or underutilized for the past 30+ years. Storbakken and Sons has already — at their own financial risk — completed various property improvements and will provide more enhancement should these entitlement requests be approved. h. Increasing the exposure of residents to aviation generated noise, safety and/or flight operations. Storbakken and Sons has no aviation or aerial components to their operations. i. Materially diminishing the environmental quality of the air, water, land, or cultural resources. The Storbakken and Sons operation does not adversely affect the environmental quality of the air, water, land or cultural resources. j. Significantly altering recreational amenities such as open space, parks, and trails. Finally, the Storbakken and Sons operation does not significantly alter, nor affect, recreational amenities. In addition, the Storbakken & Sons business also furthers a number of the goals and policies of the Old West Highway Redevelopment Area Plan. Relationship to Surrounding Pro erp ties: The Property is located in the eastern portion of Apache Junction. In this area, properties along the Old West Highway are a mix of commercial uses, multi-family residential uses and a number of vacant/under-utilized properties. The use and zoning of the surrounding properties are as follows: North: Directly to the north is Old West Highway, which is a major roadway with two (2) paved lanes in each direction, separated by a median that allows for controlled left turns. Across Old West Highway and further to the north are vacant/undeveloped properties zoned B-1 . Storbakken & Sons Rezoning & Minor GPA(P-23-112-PZ)— Project Narrative October 13, 2024 Page 7 of 9 East: The property to the east is presently vacant but is planned for the Old West Highway Village residential development. It is zoned RM-1/PD. West: To the west is a City of Apache Junction water facility, zoned B-1. Also to the west is the Sonoma Valley Apartments (formerly Indian Wells Apartments), which is zoned RM-1. South: To the south is the Palm Springs single-family residential subdivision, zoned RS-10. An excerpt of the City of Apache Junction zoning map, indicating the zoning of the Property and adjacent areas is as follows: :r. ��RS'GRA 6.yi.% ��``: �♦O:�:�:4�%it►♦�♦R♦N ARM 2•PD�♦♦♦, :♦:♦:♦ �♦♦♦ Rs z0 ♦♦ •o•ess•♦.�i♦♦♦♦♦♦♦♦♦8♦♦♦0 ♦♦♦88, ♦ ,. ♦i♦♦�i.� ♦♦i♦ ♦♦i♦ The Property is located outside of any flood zone areas, with a designation of "Zone X"'. Development Standards: Development and use of the Property conforms with the applicable development standards of the B-5 zoning district, which are as follows: Development Standard B-5 Standard Proposed / Existing Lot Area min. 15,000 square feet 1.61 acres / 70,131-feet Storbakken & Sons Rezoning & Minor GPA(P-23-112-PZ)— Project Narrative October 13, 2024 Page 8 of 9 Lot Width min. 75-feet 190.3-feet Front Setback min. 20-feet 40-feet Interior Side Setback min. 10-feet 15-feet Street Side Setback min. 10-feet N/A Rear Setback min. 10-feet +300-feet Front Setback— Parkin min. 10-feet 10-feet Height max. 35-feet 18-feet Parking 5 8 At the present time (at least until zoning approval), no additional structures are proposed. Any future structures shall conform to the development standards and other requirements of the requested B-5 zoning district. Circulation: Access presently occurs and will continue to occur from Old West Highway (formerly US 60), via an existing driveway (approximately 30-feet in width). This existing gated driveway location must remain where it is presently located due to the internal circulation characteristics and design. Interior circulation areas are to be private. Any dedications and all improvements will be as required by the City of Apache Junction. Old West Highway, adjacent to the Property, has a total right-of-way of 300-feet (half- street r.o.w. of 150-feet), and is developed with two (2) paved lanes in each direction and a landscaped median for controlled left turns. There is a median break directly in front of the Property. There is also an adjacent 20-foot-wide alley to the east and south of the property; however, no access is proposed from this development to this alley. No additional rights-of-way or improvements to either Old West Highway or to the alley are proposed. Storbakken & Sons Rezoning & Minor GPA(P-23-112-PZ)— Project Narrative October 13, 2024 Page 9 of 9 N Storbakken & Sons VICINITY MAP: • ,ono Rezoning Exhibit / Site Plan for Proposed Rezoning ' 1 from B-1 to B-5 to utilize an existing business on 1 .61 acres located 5 SITE • 11 ti�cy at 991 East Old West Highway, A ache Junction Arizona 'a°rta e� s°a�a�'er : /o°F°°dMa,t I o� �qy p •• F inaian wens nPann,Oems ■ /1 O ■ ■ • ■+ B a,d ie���arPe, ■ N ■ •... f1.t.5. • D I I SITE PLAN NOTES: �► AERIAL PHOTO: PROJECT DATA: I r . ,A: Existing Single-story -1 ,380 square foot �-�� '�--���� y ,'' Location: Approximately 660' (1/8 • Office Building with Interior Maintenance mile) east of the Southeast • E Areas, Storage & Attached Shade �/`. �r. �� corner of Old West Highway ICanopies constructed -r1953 p� ( ) �; ';� =• and Royal Palm Road 3 �yy� yy B: Existing -r30-foot-wide driveway onto Old ,r��+� °� "� Address: 991 East Old West Highway with 6' high wrought iron } p ' 9 y ( g 9 West Hi ' i'� Highway, Apache Junction, I rolling gate). Northern property line is <� - '� AZ I H r WA • screened/secured with a 6' high wrought 4 .. ., iron fence with columns APN: 102-03-136A C: Old West Highway (300' total right-of-way f (150' half-street r.o.w.) t _ �-�:� fir}#� Ownership: SM Holdings LLC I D: Customer Parkin Area 8 spaces, y F • g (� p K Size- 1 .61 acres (net) • including 1 handicapped accessible) F, I �• • Legal Description: A Portion of Tracts A-1, A-3 I E: Truck & Equipment Maintenance & `' ?" " '« " = �=, y� ",-=� thru A-5 of Palm Springs • Parking Areas subdivision (PCR: Book 7, I Page 27); a Portion of I F- Truck & Equipment Parking & Storage Section 28, T1 N-R8E, • Areas (with Internal Circulation) G&SRM, Pinal County, AZ F I G: Perimeter Screening (6' High Solid Wall) Existing Zoning- B-1 (General Business) I along the east, south and westproperty • 9 N lines Proposed Zoning: B-5 (Industrial) nts �I H. 20 wide Alley (adjacent to East & South Existing Use- Former Tire Business • G G property lines) L 155.5' Proposed Use- Construction Business � H Date Prepared- October 31 , 2023 �l VicinityMap p P - 23 - 112 — PZ Rezoning request from General Commercial (B-1) to Industrial (B-5) to allow for the continued use of a construction business comprising a contractor' s office, shop and indoor/outdoor storage with construction truck parking . MHP M"W Broadway Ave RS-7 0/1 a '�A RM-2/PD (9 61t��h �dy B-1 RM-2 RM-1/PD Desert Ave RS-10 CO c 0 N L Q Estevan Ave ® Subject Sites N B-4 U (0 Date: 9/30/2024 Friar Ave U Storbakken & Sons Public Participation Plan Related to a Request for a rezoning from B-1 to B-5, to develop a construction-related business on approximately 1 .61 net acres located on the south-side of Old West Highway, east of Royal Palm Road and west of Tomahawk Road (991 East Old West Highway) SITE \ i•.� ) ` 14 1 tt N s T � � s n �• rr � •r �r �° * n.t.s. . *t 1-, �+ • s �ti� y � ..1.:. .,.;. � n•• .. •fir 4 _ a �. * S .•-� ram; `= iAN r\w �� �IY��JJI�'L-f :� -+L�7.' �.Q"r. 1 'rl'.i+mow �'1�•�� Date Prepared: October 31 , 2023 I. Introduction, Purpose of Request & Possible Impacts This Public Participation Plan is being submitted to the City of Apache Junction in conjunction with a request for a rezoning from B-1 (General Commercial) to B-5 (Industrial) to allow for the continued use as a construction business (contractor's office, shop and indoor/outdoor storage) on approximately 1.61 net acres (70,131-feet) located on the south-side of Old West Highway, east of Royal Palm Road and west of Tomahawk Road (the "Property"). The Property has an address of 991 East Old West Highway, and a Pinal County Assessor's Parcel Number ("APN") of 102-03-136A. Storbakken & Sons Construction, Inc. was established in 2009 in North Dakota and has their roots as a family-owned and family-oriented small business in the construction and earthwork trades. Seeing a need for their services in the east valley area of the Phoenix Metropolitan Area, Storbakken purchased this property in 2021 , believing that it had the correct zoning and other entitlements to utilize the Property as a contractor's office, shop and indoor/outdoor storage. Since beginning operations at the current location, we are unaware of any issues or impacts to our neighbors or to the City of Apache Junction in general. However, we will work to address any impacts as provided to us by City of Apache Junction staff and/or our neighbors. II. Stakeholders and Parties Affected by Application: Those stakeholders and parties most likely to be affected by the rezoning request include the following: • Property owners within 300' of the subject site. • The head of any homeowners' association or registered neighborhood group within the public notice area. • Other interested parties who have requested that they be placed on the interested parties' notification list maintained by the Planning and Zoning staff. As of the date off this Public Participation Plan, no neighborhood, property associations/groups or HOA's within 300-feet / the vicinity of the subject site (and/or having an interest in the area of the subject site) have yet been identified by City of Apache Junction staff, but will be included if provided. Storbakken & Sons— Public Participation Plan October 31, 2023 Page 2 of 4 III. Notification: Prior to the first public hearing, the applicant shall implement this Public Participation Plan (as may be modified by City of Apache Junction staff). Implementation measures are to include the following; • Notice regarding the proposal will be sent to the following by first class mail: - All property owners within 300' of the subject site - Any groups (such as HOA's or interested parties as identified by City of Apache Junction staff) This notification will include information regarding the description and details of the proposed rezoning, copy of the site plan and the name and contact information of the applicant. This notification will also invite them to a neighborhood meeting as described below. A copy of the notice and the mailing list will be provided to City of Apache Junction staff as part of the Public Participation Final Report noted below. • Conduct a Neighborhood Meeting as noted above at a location that is convenient to the neighbors • Post the property in accordance with City of Apache Junction requirements at least 15 days prior to the first public hearing on the rezoning request IV. Public Participation Final Report: Prior to the notice of public hearing, the applicant will provide a Public Participation Final Report that will contain the following: • Dates and locations of all meeting where the public was invited to discuss the proposal. • Content, dates mailed, and number of mailings, including examples of letters, meeting notices, newsletters, and other publications. • The location of residents, property owners, and interested parties receiving notices, newsletters, or other publications. • The number of people that participated in the process. • A summary of concerns, issues, and problems expressed during the process including the substance of the concerns, issues, and problems and how the concerns were addressed or resolved. Storbakken & Sons— Public Participation Plan October 31, 2023 Page 3 of 4 • Photographs of the site posting and a map indicating the location of the site posting. V. Status Procedure: The applicant recognizes that it is to our benefit to keep City of Apache Junction staff apprised of the notification efforts that occur and any responses received by any interested party. Therefore, the applicant, in addition to the Public Participation Final Report noted above, will keep staff apprised of meetings and discussions through periodic correspondence, including letters and/or e-mails, as well as phone calls. Additional notices of status changes will occur as necessary and/or requested by City of Apache Junction staff. Storbakken & Sons— Public Participation Plan October 31, 2023 Page 4 of 4 June 13, 2024 RE: Storbakken & Sons construction business; Proposed rezoning and Minor General Plan Amendment for the existing Storbakken & Sons construction business located at 991 East Old West Highway in Apache Junction, Arizona Dear Neighbor: The purpose of this letter is to inform you we have submitted an application to the City of Apache Junction (under application #P-23-112-PZ) for the rezoning from B-1 (General Commercial) to B-5 (Industrial) and a minor General Plan Amendment to the Land Use Designation Map from Commercial to Business Park/Light Industrial and Industrial to allow for the continuation of the Storbakken & Sons construction business (contractor's office, shop and indoor/outdoor storage) on approximately 1.61 net acres (70,131 square feet) located at 991 East Old West Highway in Apache Junction, AZ. Storbakken & Sons has been in operation for several years at this location; however, the rezoning and Minor General Plan Amendment are required to allow it to remain and continue operations at this location. The existing zoning was more appropriate when Old West Highway ("OWH") was designated as US 60 and was the primary east-west roadway connecting cities in the east valley and beyond. Once the Superstation Freeway was constructed, and the US 60 designation moved to the Superstation Freeway, traffic drastically declined along OWH, leaving an over-abundance of vacant and underutilized commercial properties. This site has seen a number of unsuccessful businesses over the years; the most-recent business prior was a tire business that closed nearly a decade ago. Storbakken & Sons is a successful business at this location and has been steadily improving the appearance of the property. A copy of the conceptual site plan is on the back of this letter. We would like to give you an opportunity to see and hear more specific details about this request. We will be holding an open house meeting for the surrounding property owners and registered associations in the area as follows: Date and Time: Tuesday, June 25th, 2024, from 6:30 p.m. to 7:30 p.m. Location: City of Apache Junction Multi-Generational Center— Room R118 1035 North Idaho Road Apache Junction, AZ 85119 Please feel free to share this information with your neighbors. In the meantime, I would be happy to answer any questions or hear any concerns you may have regarding this proposal. You may reach me at 602-550-7004 or via email at greg.loper(abhotmail.com. Sincerely, A�1� Greg Loper Enclosures: As stated N Storbakken & Sons VICINITY MAP: • ,ono Rezoning Exhibit / Site Plan for Proposed Rezoning ' 1 from B-1 to B-4 to utilize an existing business on 1 .61 acres located 5 SITE • 11 ti�cy at 991 East Old West Highway, A ache Junction Arizona 'a°rta e� s°a�a�'er : /o°F°°dMa,t I o� �qy p •• F inaian wens nPann,Oems ■ /1 O ■ ■ • ■+ B a,d ie���arPe, ■ N ■ •... f1.t.5. • D I I SITE PLAN NOTES: �► AERIAL PHOTO: PROJECT DATA: I r . ,A: Existing Single-story -1 ,380 square foot �-�� '�--���� y ,'' Location: Approximately 660' (1/8 • Office Building with Interior Maintenance mile) east of the Southeast • E Areas, Storage & Attached Shade �/`. �r. �� corner of Old West Highway ICanopies constructed -r1953 p� ( ) �; ';� =• and Royal Palm Road 3 �yy� yy B: Existing -r30-foot-wide driveway onto Old ,r��+� °� "� Address: 991 East Old West Highway with 6' high wrought iron } p ' 9 y ( g 9 West Hi ' i'� Highway, Apache Junction, I rolling gate). Northern property line is <� - '� AZ I H r WA • screened/secured with a 6' high wrought 4 .. ., iron fence with columns APN: 102-03-136A C: Old West Highway (300' total right-of-way f (150' half-street r.o.w.) t _ �-�:� fir}#� Ownership: SM Holdings LLC I D: Customer Parkin Area 8 spaces, y F • g (� p K Size- 1 .61 acres (net) • including 1 handicapped accessible) F, I �• • Legal Description: A Portion of Tracts A-1, A-3 I E: Truck & Equipment Maintenance & `' ?" " '« " = �= 7� -=� thru A-5 of Palm Springs • Parking Areas subdivision (PCR: Book 7, I Page 27); a Portion of I F- Truck & Equipment Parking & Storage Section 28, T1 N-R8E, • Areas (with Internal Circulation) G&SRM, Pinal County, AZ F I G: Perimeter Screening (6' High Solid Wall) Existing Zoning- B-1 (General Business) I along the east, south and westproperty • 9 N lines Proposed Zoning: B-5 (Industrial) nts �I H. 20 wide Alley (adjacent to East & South Existing Use- Former Tire Business • G G property lines) L 155.5' Proposed Use- Construction Business � H Date Prepared- October 31 , 2023 torbakken Sons Construction Inc Pm23mll2mPZ City of Apache Junction City Council Work Session November 4, 2024 - Wldl� . ` y kn IB-mi. oiq_fw c r ' s �► s , 1000 , 36 4f All ., • w • - , - - • • • - - . ikt "~fits ! 1•, ' • • `. so + �' del 01 • , v _ cF _ Ink— IL -- 1115 ee"' i 844 940, dt Aaaft �. Ar t � j � 9S `- 1�0� tlt .855 90T 3 r� �•_ • .lam '� � -�,, � � r . Broadwma 836 ♦ 719 T31 s 753 r � �d t! i « �' ♦ ��♦ ,��f"♦ �♦ ♦ ♦♦♦� ♦ ♦ Me.WNW i r - gr5 R .« 991 1 • '•a 1115 0' 740 802 820 832 844 860 91• 930 940 ��♦♦�:RM 1rP,D♦ ♦♦♦♦♦♦♦ � ♦ ♦ 4► ♦♦ ♦♦ ♦♦ ♦� 1205 �2T 735 1745 815 829 841 8S5 •907 I 935 - • 1155 • • General Land Use O _ l Current Land Use Designation : � . J Commercial Proposed Land Use oil Designation : Transportation / Light � Conservation (1 DU/AC) • . Park Low Density Residental (1 DU/1.25 AC) • IndustrialMedium Density Residential (10 DU/AC Max) High Density Residential (40 DU/AC Max) ` ■ Downtown Mixed Use Master Planned Community (20 DU./AC Max) ■'I"""",I' ■ Commercial RE III ■ Light Industrial/Business Park and Industrial ■ Public/Institutional ' � ,`_ Open Space and Recreation • .ono � s c 90 y� I G B F. • D A SITE PLAN NOTES. IA: Existing Single-story -r1 ,380 square foot • Office Budding with Interior Maintenance • E Areas, Storage & Attached Shade l Canopies (constructed -1953) I ' B. Existing -30-foot-wide driveway onto Old West Highway (with 6' high wrought iron H rolling gate). Northern property line is*Ite Plan • screened/secured with a 6' high wrought I iron fence with columns N C: Old West Highway (300' total right-of-way (150' half-street r.o.w.) I I r Parking r D Customer a king Area (-8 spaces, • including 1 handicapped accessible) I I E: Truck & Equipment Maintenance & Parking Areas II in r F. Truck & Equipment Parking & Storage • Areas (with Internal Circulation) F I G: Perimeter Screening (6' High Solid Wall) I along the east, south and west property lines N H: 20' wide Alley (adjacent to East & South • G G property lines) All I 1 155.5' I . . . . . Public Input • Per the zoning ordinance requirements of Industrial rezonings, public notification was sent to an increased mail notification area of 500' radius from the property line, instead of the 300' standard . • A neighborhood meeting for the case was held at the Apache Junction Multi-Generational Center on June 25, 2024, however no community members attended . Planning & Zoning Commission Recommendation • The Planning and Zoning Commission voted 7-0 to recommend the approval of P-23- 112- PZ subject to the conditions of approval found in the Staff Report . 4f Q u esti o ns? City Council Public Hearing : Tuesday , November 19 , 2024 CITY COUNCIL MEETING ROLL CALL Date: lJ- Lj�-?`C `� �� - `' "z°� `j Work Studyl}q Regular II-S- Special WLI- q Sass%a S:jp„,, E?;zQ 00 S:'J.p,vqL:B-DQ S PEb: 115 CITY COUNCIL: Resent Ab/exc,. MAYOR WILSON ✓ VICE MAYOR.--- --- SCHR_O_EDER l/ COUNCILMEMBER CROSS 1 / COUNCILMEMBER HECK COUNCILMEMBER JOHNSON COUNCILMEMBER NESSER COUNCILMEMBER SOLLER V- TOTAL [ Vv i O r✓1 u nn CITY STAFF' Present Ab/excu Present _ Present Ab/excu City Manager Bryant Powell Assistant City Manager Matt Busby ✓ City Clerk Jennifer Pena _ City Attorney Joel Stern IT Director Doug Wirthgen Mrkt Comm Director Kayla Fulmer !, ✓ ✓ _ Public Safety Director Michael Pooley Public Safety Assistant Johnny John 1 �/ Dev Services Director Rudy Esquivias PW Director Ted Wolff Parks& Rec Director Liz Langenbach Econ Director Patrick Ainsworth{ 1/ Library Director Pam Harrison Finance Director Angelie Hawley HR Director Anna McCray ✓ Water District Director Mike Loggins Deputy City Clerk Evie McKinney k/ Planning Manager Sidney Urias Building&Safety Mgr AdrianAlegria Senior Planner Kelsey Schattnik Planner Erica Hernandez ✓ �/ Planner Nick Leftwich _ Ll PW Project Engineer Raquel Schatz City Engineer Emile Schmid Management Anaylyst Rob Wistler ✓ I/ -fk e+v4 City Council VOTE - ROLL CALL ITEM # ' MEETING OF IJ�S-ZPz u MOTION BY: l.� SECONDED BY: NOTES: YES NO ABSTAINED CITY COUNCIL COUNCILMEMBER / SOLLER V VICE MAYOR SCHROEDER COUNCILMEMBER NESSER COUNCILMEMBER CROSS COUNCILMEMBER HECK COUNCILMEMBER / JOHNSON 1/ MAYOR WILSON TOTAL UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL S:/5—Templates&Forms/Vote Call—City Council Vote sheet 1 City Council VOTE - ROLL CALL ITEM # I ' a g� 3 MEETING OF III MOTION BY: '� SECONDED BY: NOTES: K I o YES NO ABSTAINED CITY COUNCIL: COUNCILMEMBER NESSER COUNCILMEMBER JOHNSON COUNCILMEMBER CROSS ✓ COUNCILMEMBER HECK 1/ COUNCILMEMBER SOLLER ✓ VICE MAYOR SCHROEDER MAYOR WILSON TOTAL UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL S:/5—Templates&Forms/Vote Call—City Council City Council VOTE - ROLL CALL ITEM # AO % 4- 87 N MEETING OF MOTION BY: �j� SECONDED BY: NOTES: 1 /I Y) YES YES ABSTAINED READING APPROVAL NO CITY COUNCIL: COUNCILMEMBER SOLLER V/' COUNCILMEMBER NESSER 1/ COUNCILMEMBER CROSS ✓ COUNCILMEMBER / JOHNSON I/ VICE MAYOR SCHROEDER ✓ COUNCILMEMBER HECK MAYOR WILSON TOTAL UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL S:/5—Templates&Forms/Vote Ca II—City Council City Council ORDINANCE VOTE - ROLL CALL ITEM # 17 ' °? �� 9 MEETING OF Z/ MOTION BY: y;��"" _ - SECONDED BY: v M n MOTION BY: SECONDED BY: ✓✓I ✓` NOTES: rvO � 1r r l 0/✓�G �. f� .� g J� �'�L�LGI.PJ�,�i� ��""/�' YES NO EXCUSED CITY COUNCIL: COUNCILMEMBER CROSS ✓ COUNCILMEMBER HECK VICE MAYOR SCHROEDER COUNCILMEMBER JOHNSON COUNCILMEMBER SOLLER COUNCILMEMBER NESSER MAYOR WILSON TOTAL UNANIMOUS IN FAVOR OPPOSED EXCUSED YES NO EXCUSED CITY COUNCIL: COUNCILMEMBER NESSER ✓ _ COUNCILMEMBER JOHNSON ✓ COUNCILMEMBER CROSS COUNCILMEMBER HECK COUNCILMEMBER SOLLER VICE MAYOR SCHROEDER MAYOR WILSON TOTAL UNANIMOUS IN FAV R OPPOSED EXCUSED S:/5—Templates&Forms/Vote Call—City Council City Council ORDINANCE VOTE - ROLL CALL ITEM # 18 ��' MEETING OF MOTION BY: SECONDED BY: MOTION BY: SECONDED BY: NOTES: aAAR, roavk - PN AAA�OA.4-� �a•li YES NO EXCUSED CITY COUNCIL: COUNCILMEMBER HECK COUNCILMEMBER SOLLER VICE MAYOR SCHROEDER COUNCILMEMBER JOHNSON COUNCILMEMBER NESSER COUNCILMEMBER CROSS MAYOR WILSON TOTAL UNANIMOUS IN FAVOR OPPOSED EXCUSED YES NO EXCUSED CITY COUNCIL: VICE MAYOR SCHROEDER ✓ COUNCILMEMBER JOHNSON COUNCILMEMBER NESSER COUNCILMEMBER SOLLER I/ COUNCILMEMBER CROSS COUNCILMEMBER HECK MAYOR WILSON TOTAL UNANIMOUS IN FAVOR OPPOSED EXCUSED � 1 S:/5—Templates&Forms/Vote Call—City Council City Council ORDINANCE VOTE - ROLL CALL / ITEM # q ' 8a 1 MEETING OF ` Z oZ MOTION BY: SECONDED BY: MOTION BY: SECONDED BY: NOTES: r-e 'e s YES NO EXCUSED CITY COUNCIL: COUNCILMEMBER JOHNSON ✓ a S e -�v -)-L�17 t4 VICE MAYOR SCHROEDER I COUNCILMEMBER SOLLER l•J �Bp� h CFY�S ✓ �} D��i H -4"tC_'P COUNCILMEMBER CROSS COUNCILMEMBER40ONsrnv ✓ , /Q� COUNCILMEMBER HECK ✓ V MAYOR WILSON TOTAL UNANIMOUS IN FAVOR OPPOSE[ YES NO S ` fir P.Lc� Wl L' a CITY COUNCIL: ou4m` COUNCILMEMBER CROSS ✓/' COUNCILMEMBER HECK V VICE MAYOR SCHROEDER COUNCILMEMBER SOLLER COUNCILMEMBER JOHNSON COUNCILMEMBER NESSER MAYOR WILSON TOTAL UNANIMOUS IN FAV R OPP�OSEDD EXCUSED U/ S:/5-Templates&Forms/Vote Call-City Council City Council VOTE - ROLL CALL ITEM # MEETING OF MOTION BY: SECONDED BY: NOTES: 64-4- aLA,_�� , d �&A 17 v YES NO ABSTAINED CITY COUNCIL COUNCILMEMBER SOLLER !� VICE MAYOR SCHROEDER l� COUNCILMEMBER NESSER COUNCILMEMBER / CROSS 1/ COUNCILMEMBER HECK COUNCILMEMBER / JOHNSON !/ MAYOR WILSON TOTAL UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL S:/S-Templates&Forms/Vote Call-City Council 1 v' �� CITY OF APACHE JUNCTION 71 ,1 Mayor's Script Regular Meeting Tuesday, November 05, 2024 A. CALL TO ORDER I would like to call this City of Apache Junction Council Meeting of November 5, 2024, to order and ask everyone to put their cell phones on silent. B. INVOCATION AND PLEDGE OF ALLEGIANCE The invocation will be led by &the pledge by Councilmember C. ROLL CALL Roll Call D. CONSENTAGENDA As a reminder-All items under the Consent Agenda will be approved with one motion. If a councilmember wishes to remove an item for further discussion, the request will be made prior to approving the consent agenda and will be moved to New Business. 1. Consideration of acceptance of agenda. 2. Consideration of approval of minutes of the regular meeting of October 15, 2024. 3. Consideration of approval of Final Plat for Radiance: Parcel 19.28 (SV-22-52). 4. Consideration of award of contract to Viasun Corporation for the crushing and screening of waste asphalt concrete. The work would be through the Pinal County cooperative contract No. 175623 in the amount of $331,719.47 plus 10% contingency for unforeseen change orders in the amount of $33,171.94 for a total project cost not to exceed $364,891.41. Work is planned within the December 2024 through February 2025 time frame. 5. Consideration of approval of Resolution No. 24-30 adopting the findings and recommendations of the Concentrated Downtown Master Plan Update. 6. Consideration of approval of Resolution No. 24-33 authorizing the city to submit an application for a loan from the Water Infrastructure Finance Authority of Arizona and declaring the city's intentions to reimburse certain expenditures related to the project from loan proceeds or other source of financing. 7. Consideration of approval of Resolution No. 24-35 authorizing the City of Apache Junction to enter into an intergovernmental agreement for technology and related services with the City of Mesa. 8. Consideration of approval of Resolution No. 24-38 authorizing the City to submit an application for a loan from the Greater Arizona Development authority. Do I have a motion on the consent agenda? wait for the motion and the 2nd Roll Call D. AWARDS, PRESENTATIONS AND PROCLAMATIONS 9. Proclamation designating Saturday, November 30, 2024, as "Small Business Saturday." Call on Patrick Ainsworth 10. Proclamation for "Recognition of Honorable Service to James Edwards." Call on Patrick Ainsworth 11. Proclamation designating November 1, 2024, as "Extra Mile Day." F. REGIONAL INTERGOVERNMENTAL UPDATES 12. Regional Intergovernmental meeting updates from Council. G. CITY MANAGER'S REPORT 13. City Manager's Report. Bryant to report 14. Announcement of Current Events Eli to report H. PUBLIC HEARINGS 15. Consideration of application for a new Series 6 Bar Liquor License for Rusty Buckle Saloon. Call on Evie A. Does the applicant wish to speak? B. Any discussion among the council? council can discuss C. I will now open the Public Hearing. There is a 5-minute time limit, with a 1 minute warning that you will hear. Please state your name and address for the record. D. I will now close the public hearing and ask for a motion. wait for the motion & the 2nd Roll Call 16. Consideration of application for a new Series 6 Bar Liquor License for Kapt'n D's. Call on Evie A. Does the applicant wish to speak? B. Any discussion among the council council can discuss C. I will now open the Public Hearing. There is a 5-minute time limit, with a 1 minute warning that you will hear. Please state your name and address for the record. D. I will now close the public hearing and ask for a motion. wait for the motion & the 2nd Roll Call 17. Presentation, discussion, public hearing and consideration of Ordinance No. 1558. Call on Erika A. Any discussion among the council? council can discuss B. I will now open the Public Hearing. There is a 5 minute time limit, with a 1 minute warning that you will hear. Please state your name and address for the record. C. I will now close the public hearing and ask for a motion on Item #17, Ordinance No. 1558. wait for the motion & the 2nd Roll Call. Do I have the second motion to adopt Ordinance No. 1558? Roll Call 18. Presentation, discussion, public hearing and consideration of Ordinance No. 1554. Call on Nick A. Any discussion among the council? council can discuss B. I will now open the Public Hearing. There is a 5 minute time limit, with a 1 minute warning that you will hear. Please state your name and address for the record. C. I will now close the public hearing and ask for a motion on Item #18, Ordinance No. 1554. wait for the motion & the 2nd Roll Call. Do I have the second motion to adopt Ordinance No. 1554? Roll Call 19. Presentation, discussion, public hearing and consideration of Ordinance No. 1555. Call on Nick A. Any discussion among the council? council can discuss B. I will now open the Public Hearing. There is a 5 minute time limit, with a 1 minute warning that you will hear. Please state your name and address for the record. C. I will now close the public hearing and ask for a motion on Item # 19, Ordinance No. 1555. wait for the motion & the 2nd Roll Call Do I have the second motion to adopt Ordinance No. 1555? Roll Call I. OLD BUSINESS J. NEW BUSINESS K. COUNCIL DIRECTION TO STAFF 20. Direction to staff regarding the continuation of the .2% sales tax for Road Maintenance and Public Safety. Call on Matt Busby Do I have a motion? wait for the motion & the 2" Roll Call L. SELECTION OF MEETING DATES, TIMES, LOCATIONS AND PURPOSES M. CALLTO PUBLIC I would like to remind everyone that the Call to the Public is a courtesy and not required by law. It is a time for the public to express requests, communications, comments and suggestions. Request to speak forms must be completed and handed to the city clerk before the end of the city manager's report. All issues shall be presented in a professional manner without personal attacks. Under the open meeting law the COUNCIL CANNOT ENGAGE IN DISCUSSION on the issues presented, but may respond to criticism and may direct staff to follow up with the speaker directly and/or place this matter on a future agenda for council discussion. There is a three-minute limit for each speaker. Does council have any requests of staff to follow up on? N. ADJOURNMENT— I adjourn this meeting. 11-5-2024 Consent Agenda Items Nos. 1-8 1 move the consent agenda be accepted and approved as presented. Item No. 15 — Public Hearing I MOVE THAT the application for a new Series 6 Bar Liquor License for Rusty Buckle Saloon, located at 285 N. Apache Trail, be recommended to the Arizona Department of Liquor Licenses and Control for (Approval) or (Denial) Item No. 16 — Public Hearing I MOVE THAT the application for a new Series 6 Bar Liquor License for Kapt'n D's, located at 300 W. Apache Trail Suite 118, be recommended to the Arizona Department of Liquor Licenses and Control for (Approval) or (Denial) Item No. 17 — Public Hearing I MOVE THAT Ordinance No. 1558 be read by title only and the reading of the entire ordinance be waived. (Call upon the city clerk to read Ordinance No. 1558 by title only) I MOVE THAT Ordinance No. 1558, as read by the city clerk, (be approved and adopted) or (be denied). OR I MOVE THAT Ordinance No. 1558, as read by the city clerk, be approved and adopted with the following amendments: Item No. 18 — Public Hearing I MOVE THAT Ordinance No. 1554 be read by title only and the reading of the entire ordinance be waived. (Call upon the city clerk to read Ordinance No. 1554 by title only) I MOVE THAT Ordinance No. 1554, as read by the city clerk, (be approved and adopted) or (be denied). OR I MOVE THAT Ordinance No. 1554, as read by the city clerk, be approved and adopted with the following amendments: Item No. 19 — Public Hearing MOVE THAT Ordinance No. 1555 be read by title only and the reading of the entire ordinance be waived. (Call upon the city clerk to read Ordinance No. 1555 by title only) I MOVE THAT Ordinance No. 1555, as read by the city clerk, (be approved and adopted) or (be denied). OR I MOVE THAT Ordinance No. 1555, as read by the city clerk, be approved and adopted with the following amendments: Item No. 20 — Direction to Staff I MOVE THAT direction to staff be given to draft an Ordinance for the continuation of the .2% sales tax dedicated to fund roadway maintenance and repairs, which is set to expire on March 1 , 2025, AND to draft an Ordinance for the continuation of the .2% sales tax for public safety, which is set to expire on September 1 , 2026. Date: - CITY OF APACHE Q JUNCTION ' S REQUEST TO SPEAK FOR 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. First Name Last Name (PRINT) �2_7 5- P� EL q150 Address City Zip ode ,-Iv 0( 37 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 Date: l � 2 CITY OF APACHE JUNCTION REQUEST 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: 's Uw�— 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. Ca,l � f r)- n ( M -eel_ First Name Last Name (PRINT) 137 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). Signature of Parent/Guardian Date 08/26/2019 I Date: 2-4-- CITY OF APACHE JUNCTION REQUEST 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: S _s,L In (2v Do you wish to speak before Council on this item? Yes No Only If Necessary AV�I am in favor of the proposed Item. I am opposed to the proposed Item. 67a I L V a A First Name Last Name (PRINT) ?13 S r CDC Address City Zip Code c 4wp - A d c, ze� �C h 86 - k Telephone Elmaill 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 CITY COUNCIL MEETING ROLL CALL Date: lJ- L) `( `,- )) 4 -Z,9Z V Work Study/py Regular I1-5 Special 11-44- 4/ Slpm E"I:ZQ Sl.pME S::),:7b'PE 1,: -1&IP CITY COUNCIL: Present Present Ab/e, Present Abiexc:, MAYOR WILSON VICE MAYOR SCHROEDER ✓ COUNCILMEMBER CROSS Y COUNCILMEMBER HECK V COUNCILMEMBER JOHNSON v l� COUNCILMEMBER NESSER f V11, CO_UNCILM_EMBER SOLLER ✓ // TOTAL Lt W1 0 uM i CITY STAFF: Present I Ab/excu Present Ab/excu City Manager - Bryant Powell Assistant City Manager Matt Busby ✓ ✓— ' City Clerk Jennifer Pena _ City Attorney Joel Stern ✓ ✓ IT Director _ Doug Wirthgen Mrkt Comm Director Kayla Fulmer ✓ ✓ Public Safety Director Michael Pooley I/ Public Safety Assistant Johnny John—} ✓ E Dev Services Director Rudy sq uivias �- --�� PW Director Ted Wolff Parks& Rec Director Liz Langenbach Econ Director Patrick Ainsworth c Library Director Pam Harrison Finance Director Angelie Hawley 1/ HR Director Anna McCray Water District Director Mike Loggins Deputy City Clerk Evie McKinney Planning Manager Sidney Urias Building&Safety Mgr AdrianAlegria Senior Planner Kelsey Schattnik Planner Erica Hernandez _✓ Planner Nick Leftwich PW Project Engineer Raquel Schatz City Engineer Emile Schmid Management Anaylyst Rob Wistler -Jk-e�ut4 ON Son _.1danCe dccx City Council VOTE - ROLL CALL I c� ITEM # J V MEETING OF MOTION BY: � }"� SECONDED BY: NOTES: YES NO ABSTAINED CITY COUNCIL COUNCILMEMBER SOLLER I� VICE MAYOR SCHROEDER COUNCILMEMBER NESSER COUNCILMEMBER CROSS COUNCILMEMBER HECK COUNCILMEMBER / JOHNSON ►/ MAYOR WILSON TOTAL UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL S:/5—Templates&Forms/Vote Call—City Council Vote sheet 1 City Council VOTE - ROLL CALL ITEM # 02 g� 3 MEETING OF 11 MOTION BY: �"'�-Q/r/�" SECONDED BY: NOTES: YES NO ABSTAINED CITY COUNCIL: COUNCILMEMBER NESSER COUNCILMEMBER JOHNSON COUNCILMEMBER CROSS I//' COUNCILMEMBER HECK V COUNCILMEMBER SOLLER VICE MAYOR SCHROEDER MAYOR WILSON TOTAL UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL S:/5—Templates&Forms/Vote Call—City Council City Council VOTE - ROLL CALL ITEM # 97 N MEETING OF MOTION BY: �&!A:n SECONDED BY: NOTES: YES YES ABSTAINED READING APPROVAL NO CITY COUNCIL: COUNCILMEMBER SOLLER COUNCILMEMBER NESSER COUNCILMEMBER CROSS ✓ COUNCILMEMBER / JOHNSON V/ VICE MAYOR SCHROEDER ✓ COUNCILMEMBER HECK ✓ MAYOR WILSON TOTAL 14 UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL S:/5—Templates&Forms/Vote Call—City Council City Council ORDINANCE VOTE - ROLL CALL ITEM # )'e? • °� �-�g9 MEETING OF �,?o�Zj u'"1 MOTION BY: SECONDED BY: v wn MOTION BY: SECONDED BY: Jz ev-I S NOTES: V � YES NO EXCUSED CITY COUNCIL: COUNCILMEMBER CROSS ✓ COUNCILMEMBER HECK VICE MAYOR SCHROEDER COUNCILMEMBER JOHNSON COUNCILMEMBER SOLLER COUNCILMEMBER N_E_S_S_ER MAYOR WILSON TOTAL UNANIMOUS IN FAVOR OPPOSED EXCUSED YES NO EXCUSED CITY COUNCIL: COUNCILMEMBER NESSER COUNCILMEMBER JOHNSON COUNCILMEMBER CROSS COUNCILMEMBER HECK COUNCILMEMBER SOLLER Ll VICE MAYOR SCHROEDER MAYOR WILSON TOTAL UNANIMOUS IN FAV R OPPOSED EXCUSED I S:/5—Templates&Forms/Vote Call—City Council City Council ORDINANCE VOTE - ROLL CALL ITEM # IS• 9LV MEETING OF MOTION BY: SECONDED BY: MOTION BY: SECONDED BY: NOTES: a4ik Muzk - PP /► O f C . V1 a-4 G'e- y A w1 eal vt f 0 ff M t� YES NO EXCUSED CITY COUNCIL: COUNCILMEMBER HECK COUNCILMEMBER SOLLER VICE MAYOR SCHROEDER COUNCILMEMBER JOHNSON COUNCILMEMBER NESSER COUNCILMEMBER CROSS MAYOR WILSON TOTAL UNANIMOUS IN FAVOR OPPOSED EXCUSED YES NO EXCUSED CITY COUNCIL: VICE MAYOR SCHROEDER / ✓ COUNCILMEMBER JOHNSON COUNCILMEMBER NESSER COUNCILMEMBER SOLLER V COUNCILMEMBER CROSS COUNCILMEMBER HECK MAYOR WILSON TOTAL UNANIMOUS IN FAVOR OPPOSED EXCUSED S:/5—Templates&Forms/Vote Call—City Council City Council r I ORDINANCE VOTE - ROLL CALL / ITEM # f q ' �`� $q / MEETING OF MOTION BY: SECONDED BY: MOTION BY: I SECONDED BY: NOTES: f airc -P AI en d Z0 ;VI a1�v T-ee s YES NO EXCUSED CITY COUNCIL: COUNCILMEMBER JOHNSON ✓ VICE MAYOR SCHROEDER COUNCILMEMBER SOLLER COUNCILMEMBER CROSS OWL n" *H4s COUNCILMEMBER49017" V/ COUNCILMEMBER HECK MAYOR WILSON TOTAL UNANIMOUS IN FAVOR OPPOSED EXCUSED YES NO EXCUSED CITY COUNCIL: / COUNCILMEMBER CROSS I/�• COUNCILMEMBER HECK V VICE MAYOR SCHROEDER COUNCILMEMBER SOLLER COUNCILMEMBER JOHNSON COUNCILMEMBER NESSER MAYOR WILSON TOTAL UNANIMOUS IN FAV R OPPOSED IEXCUSED S:/5—Templates&Forms/Vote Call—City Council City Council VOTE - ROLL CALL ITEM # �+ MEETING OF MOTION BY: SECONDED BY: NOTES: YES NO ABSTAINED CITY COUNCIL COUNCILMEMBER SOLLER 1� VICE MAYOR SCHROEDER I� COUNCILMEMBER / NESSER 1/ COUNCILMEMBER CROSS COUNCILMEMBER HECK COUNCILMEMBER / JOHNSON f/ MAYOR WILSON TOTAL �C1 UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL S:/5—Templates&Forms/Vote Call—City Council 1v' CITY OF APACHE JUNCTION Mayor's Script Regular Meeting Tuesday, November 05, 2024 A. CALL TO ORDER I would like to call this City of Apache Junction Council Meeting of November 5, 2024, to order and ask everyone to put their cell phones on silent. B. INVOCATION AND PLEDGE OF ALLEGIANCE The invocation will be led by & the pledge by Councilmember C. ROLL CALL Roll Call D. CONSENT AGENDA As a reminder- All items under the Consent Agenda will be approved with one motion. If a councilmember wishes to remove an item for further discussion, the request will be made prior to approving the consent agenda and will be moved to New Business. 1. Consideration of acceptance of agenda. 2. Consideration of approval of minutes of the regular meeting of October 15, 2024. 3. Consideration of approval of Final Plat for Radiance: Parcel 19.28 (SV-22-52). 4. Consideration of award of contract to Viasun Corporation for the crushing and screening of waste asphalt concrete. The work would be through the Pinal County cooperative contract No. 175623 in the amount of $331,719.47 plus 10% contingency for unforeseen change orders in the amount of $33,171.94 for a total project cost not to exceed $364,891.41. Work is planned within the December 2024 through February 2025 time frame. 5. Consideration of approval of Resolution No. 24-30 adopting the findings and recommendations of the Concentrated Downtown Master Plan Update. 6. Consideration of approval of Resolution No. 24-33 authorizing the city to submit an application for a loan from the Water Infrastructure Finance Authority of Arizona and declaring the city's intentions to reimburse certain expenditures related to the project from loan proceeds or other source of financing. 7. Consideration of approval of Resolution No. 24-35 authorizing the City of Apache Junction to enter into an intergovernmental agreement for technology and related services with the City of Mesa. 8. Consideration of approval of Resolution No. 24-38 authorizing the City to submit an application for a loan from the Greater Arizona Development authority. Do I have a motion on the consent agenda? wait for the motion and the 2nd Roll Call D. AWARDS, PRESENTATIONS AND PROCLAMATIONS 9. Proclamation designating Saturday, November 30, 2024, as "Small Business Saturday." Call on Patrick Ainsworth 10. Proclamation for "Recognition of Honorable Service to James Edwards." Call on Patrick Ainsworth 11. Proclamation designating November 1, 2024, as "Extra Mile Day." F. REGIONAL INTERGOVERNMENTAL UPDATES 12. Regional Intergovernmental meeting updates from Council. G. CITY MANAGER'S REPORT 13. City Manager's Report. Bryant to report 14. Announcement of Current Events Eli to report H. PUBLIC HEARINGS 15. Consideration of application for a new Series 6 Bar Liquor License for Rusty Buckle Saloon. Call on Evie A. Does the applicant wish to speak? B. Any discussion among the council? council con discuss C. I will now open the Public Hearing. There is a 5-minute time limit, with a 1 minute warning that you will hear. Please state your name and address for the record. D. I will now close the public hearing and ask for a motion. wait for the motion & the 2nd Roll Call 16. Consideration of application for a new Series 6 Bar Liquor License for Kapt'n D's. Call on Evie A. Does the applicant wish to speak? B. Any discussion among the council council con discuss C. I will now open the Public Hearing. There is a 5-minute time limit, with a 1 minute warning that you will hear. Please state your name and address for the record. D. I will now close the public hearing and ask for a motion. wait for the motion & the 2nd Roll Call 17. Presentation, discussion, public hearing and consideration of Ordinance No. 1558. Call on Erika A. Any discussion among the council? council con discuss B. I will now open the Public Hearing. There is a 5 minute time limit, with a 1 minute warning that you will hear. Please state your name and address for the record. C. I will now close the public hearing and ask for a motion on Item #17, Ordinance No. 1558. wait for the motion & the 2nd Roll Call. Do I have the second motion to adopt Ordinance No. 1558? Roll Call 18. Presentation, discussion, public hearing and consideration of Ordinance No. 1554. Call on Nick A. Any discussion among the council? council con discuss B. I will now open the Public Hearing. There is a 5 minute time limit, with a 1 minute warning that you will hear. Please state your name and address for the record. C. I will now close the public hearing and ask for a motion on Item #18, Ordinance No. 1554. wait for the motion & the 2nd Roll Call. Do I have the second motion to adopt Ordinance No. 1554? Roll Call 19. Presentation, discussion, public hearing and consideration of Ordinance No. 1555. Call on Nick A. Any discussion among the council? council con discuss B. I will now open the Public Hearing. There is a 5 minute time limit, with a 1 minute warning that you will hear. Please state your name and address for the record. C. I will now close the public hearing and ask for a motion on Item # 19, Ordinance No. 1555. wait for the motion & the 2nd Roll Call Do I have the second motion to adopt Ordinance No. 1555? Roll Call I. OLD BUSINESS J. NEW BUSINESS K. COUNCIL DIRECTION TO STAFF 20. Direction to staff regarding the continuation of the .2% sales tax for Road Maintenance and Public Safety. Call on Matt Busby Do I have a motion? wait for the motion & the znd Roll Call L. SELECTION OF MEETING DATES, TIMES, LOCATIONS AND PURPOSES M. CALL TO PUBLIC I would like to remind everyone that the Call to the Public is a courtesy and not required by law. It is a time for the public to express requests, communications, comments and suggestions. Request to speak forms must be completed and handed to the city clerk before the end of the city manager's report. All issues shall be presented in a professional manner without personal attacks. Under the open meeting law the COUNCIL CANNOT ENGAGE IN DISCUSSION on the issues presented, but may respond to criticism and may direct staff to follow up with the speaker directly and/or place this matter on a future agenda for council discussion. There is a three-minute limit for each speaker. Does council have any requests of staff to follow up on? N. ADJOURNMENT— I adjourn this meeting. 11-5-2024 Consent Agenda Items Nos. 1-8 1 move the consent agenda be accepted and approved as presented. Item No. 15 — Public Hearing I MOVE THAT the application for a new Series 6 Bar Liquor License for Rusty Buckle Saloon, located at 285 N. Apache Trail, be recommended to the Arizona Department of Liquor Licenses and Control for (Approval) or (Denial) Item No. 16 — Public Hearing MOVE THAT the application for a new Series 6 Bar Liquor License for Kapt'n D's, located at 300 W. Apache Trail Suite 118, be recommended to the Arizona Department of Liquor Licenses and Control for (Approval) or (Denial) Item No. 17 — Public Hearing I MOVE THAT Ordinance No. 1558 be read by title only and the reading of the entire ordinance be waived. (Call upon the city clerk to read Ordinance No. 1558 by title only) I MOVE THAT Ordinance No. 1558, as read by the city clerk, (be approved and adopted) or (be denied). OR I MOVE THAT Ordinance No. 1558, as read by the city clerk, be approved and adopted with the following amendments: Item No. 18 — Public Hearing I MOVE THAT Ordinance No. 1554 be read by title only and the reading of the entire ordinance be waived. (Call upon the city clerk to read Ordinance No. 1554 by title only) I MOVE THAT Ordinance No. 1554, as read by the city clerk, (be approved and adopted) or (be denied). OR I MOVE THAT Ordinance No. 1554, as read by the city clerk, be approved and adopted with the following amendments: Item No. 19 — Public Hearing I MOVE THAT Ordinance No. 1555 be read by title only and the reading of the entire ordinance be waived. (Call upon the city clerk to read Ordinance No. 1555 by title only) I MOVE THAT Ordinance No. 1555, as read by the city clerk, (be approved and adopted) or (be denied). OR I MOVE THAT Ordinance No. 1555, as read by the city clerk, be approved and adopted with the following amendments: Item No. 20 — Direction to Staff I MOVE THAT direction to staff be given to draft an Ordinance for the continuation of the .2% sales tax dedicated to fund roadway maintenance and repairs, which is set to expire on March 1, 2025, AND to draft an Ordinance for the continuation of the .2% sales tax for public safety, which is set to expire on September 1, 2026. Date: _ `' CITY OF APACHE Q JUNCTION S REQUEST TO SPEAK FOR 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. First Name Last Name (PRINT) EL I ,�2=:7S Address City Zip V�7 \/ wo_ _� C 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 Date: l �/ CITY OF APACHE JUNCTION REQUEST 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: 's T 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. C -re First Name Last Name (PRINT) l 3a 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 Heariina 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 I Date: �- 2- - CITY OF APACHE JUNCTION REQUEST 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 /�1_I am in favor of the proposed Item. I am opposed to the proposed Item. C-72 d ` Il cc/ s First Name Last Name (PRINT) 713 l k -D Cv3 -� Address City Zip Code 4 nL/ Telephone mail 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