HomeMy WebLinkAbout2024 11.05 City Council Regular Agenda City of Apache Junction, Arizona Meeting location:
City Council Chambers
at City Hall
Agenda 300 E.Superstition Blvd
Apache Junction,AZ
City Council Meeting 85119
apachejunctionaz.gov
Ph:(480)982-8002
Doors are open to the public at least 15 minutes prior to the
posted meeting start time.
Tuesday, November 5,2024 7:00 PM City Council Chambers
A. CALL TO ORDER
B. INVOCATION AND PLEDGE OF ALLEGIANCE
C. ROLL CALL
D. CONSENT AGENDA
The council may, at this time, take single action on any or all items listed as consent agenda items.
These may include, but are not limited to, acceptance of agenda, acceptance of minutes, appointments,
acceptance of resignations and adoption of certain resolutions and other items which do not require a
publichearing. The consent agenda is a timesaving device of which the mayor and city council is to
receive documentation on these items from the city manager for their review prior to the meeting. Any
member of the council may remove any item from the consent agenda for discussion and cause a
separate vote on the matter later in the agenda.
1. 24-816 Consideration of acceptance of agenda.
Sponsors: Yvette McKinney
2. 24-821 Consideration of approval of minutes of the regular meeting of October
15, 2024.
Sponsors: Yvette McKinney
Attachments: CCMIN 2024 10 15 MINUTES DRAFT
3. 24-881 Consideration of approval of Final Plat for Radiance; Parcel 19.28
(SV-22-52).
Sponsors: Nicholas Leftwich
Attachments: SV-22-52 Staff Reportpdf
SV-22-52 Final Pl':at.Ddf
City of Apache Junction,Arizona Page I Printed on 1013112024
City Council Meeting Agenda November 5,2024
4^ 24-8J87 Consideration of award nf contract tnViosun Corporation for the
crushing and screening of waste asphalt concrete. The work would be
through the Pina| County cooperative contract No. 175623 in the
amount of$331.71Q47 plus 10% contingency for unforeseen change
orders in the amount of$33.171.Q4 for a total project cost not to
exceed $384.8Q1.41. Work ia planned within the December 2024
through February 2O25 time frame.
Sponsors: ShaneKienovv
Attachments:
5' Consideration of approval of Resolution No. 24-30 adopting the
findings and recommendations uf the Concentrated Downtown Master
Plan Update.
Snmmu,s: Patrick Ainsworth
Attachments: Staff Memo-Res No.24-30
Res No. 24-30 Concentrated Downtown Master Plan
Exhibit A Apache Jct Concentrated Dwntwn Mst Plan 10.2024
6' Consideration of approval of Resolution No. 24-33 authorizing the oib/
to submit an application for a loan from the Water Infrastructure
Finance Authority of Arizona and declaring the oih/'o intentions to
reimburse certain expenditures related to the project fromn |non
proceeds nr other source offinancing.
Smnoaocs Matt Busby
Attachments: Resolution No.24-33
WIFA Loan 10.14.2024 Presentation
7, Consideration of approval of Resolution No. 24-35 authorizing the City
of Apache Junction ho enter into on intergovernmental agreement for
technology and related services with the City ofMesa.
Gm,00nm: Matt Busby
Attachments: Resolution 24-35 Staff Memo
8, Consideration of approval of Resolution No. 24-38 authorizing the oib/
to submit on application for a loan from the Greater Arizona
Development Authority.
Somxmx:: Matt Busby
Attachments: Resolution No.24-38
E. AWARDS, PRESENTATIONS AND PROCLAMATIONS
Awards,presentations from other organizations,proclamations issued by the mayor and
acknowledgement of distinguished guests and visitors, and staff presentation of receipt of grant o/
donated funds are permitted atthis time.
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City Council Meeting Agenda November 5,2024
9. 24-879 Proclamation designating Saturday, November 30, 2024, as"Small
Business Saturday."
Sponsors: Yvette McKinney
Attachments: 11 2024 Small Business Saturdav
10. 24-880 Proclamation for"Recognition of Honorable Service to James
Edwards."
Sponsors: Yvette McKinney
Attachments: 11 2024 AJ Visitor Center Volunteer-James Edwards
11. 24-886 Proclamation designating November 1, 2024, as "Extra Mile Day."
Sponsors: Yvette McKinney
Attachments: 11 2024 Extra Mile Dav
F. REGIONAL INTERGOVERNMENTAL UPDATES
The mayor or any member of council may at this time present a brief summary of any regional
intergovernmental updates. However, no discussion shall take place on such items except for clarifying
comments related to substance, time and location.
12. 24-826 Brief summary of intergovernmental updates from mayor and
councilmembers.
Sponsors. Chip Wilson
G. CITY MANAGER'S REPORT
The city manager, members of city staff or those individuals designated by the manager may present
information pertinent to items under consideration or information related to the operation of the city. There
shall however be no discussion at this time except for clarification inquiries.
13. 24-831 City Manager's Report.
Sponsors: Bryant Powell
14. 24-836 Announcement of Current Events.
Sponsors: Eli Richardson
H. PUBLIC HEARINGS
Public hearings required by applicable law shall be conducted by the council and any person shall be
given the opportunity to speak.All remarks shall be addressed to the council as a whole and not to any
member thereof Such remarks shall be limited to five(5)minutes unless additional time is granted by
the mayor. This time limitation shall not apply to applicants and their agents appearing before the council.
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City Council Meeting Agenda November 5,2024
15. 24-873 Consideration of application for a new Series 8 Bar Liquor License for
Rusty Buckle Saloon located ai28SN. Apache Trail, Apache Junction,
AZ. The next step in the process ia for the council ho hold apublic
hearing on the application and make n recommendation of approval or
denial tu the Arizona Department uf Liquor License and Control.
Sponsors; Yvette McKinney
Attachments: Memo To Council 11,05,2024
Plannina Inspection Approval
16. 24-874 Consideration of application for a new Series 8 Bar Liquor License for
Kapt'nD's located ot300VV Apache Trail Suite 118. Apache Junction,
AZ. The next step in the process is for the council to hold apublic
hearing on the application and make o recommendation of approval or
denial to the Arizona Department of Liquor License and Control.
Sauumns: Yvette McKinney
Attachments: Memo To Council 11 052024
Public Sqfq���
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City Council Meeting Agenda November 5,2024
17. 24-889 Presentation, discussion, public hearing and consideration of
Ordinance No. 1558 a proposed rezoning of parcel 101-02-0780,
located near the southwest corner of Ironwood Dr and Superstition
Blvd.,from the currently split zoned General Commercial ("B-1")and
Medium Density Single-Family Detached Residential ("RS-20M")to
General Commercial ("B-1")to facilitate the construction of a 4,213
square foot construction office and a 10,000 square foot warehouse.
Sponsors: Erika Hernandez
Attachments: P-24-23-PZ Presentation 11-5-24.pdf
P-24-23-PZ CC Memo 11.5.24.pd
Ordinance Number 1558 Draft.pdf
P-24-23-PZ-Updated Site Plan Floor Plan and Elevatigpa2df
P-24-23-PZ CC Memo 10.14.24.pdf
P-24-23-PZ Staff Report 10.8,24.pdf
P-24-23-PZ Ordinance Number 1054.pdf
P-24-23-PZ-Application
P-24-56-DR-Application_Materials pdf
P-24-23-PZ-Vicinit Man4f
P-24-23-PZ-Final Public Particioation RP—f—4f
P-24-56-DR Anaroval Letter"f
18. 24-890 Presentation, discussion, public hearing and consideration of
Ordinance No. 1554, a proposed text amendment of the Apache
Junction City Code Volume 1, Chapter 9: Health &Sanitation, Article
9-1: Property Maintenance Standards, § 9-1-4 Enforcement and
Abatement, to amend the property maintenance penalty fees.
Sponsors: Nicholas Leftwich
Attachments: P-24-70-AM 11-5-24 P!jby�q����
Draft Ordinance No, 1554-ndf
P-24-70-AM Draft Amendment Onfinnc;44
P-24-70-AM P&Z Staff Eqppjj.pdf
P-24-70-AM 10-14-24 Work Session �LeMg2df
Table of Fee QomRansons_to_other Cities&Towns.pdf
P-24-70-AM Presentation 11-5-24
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City Council Meeting Agenda November 5,2024
18. 24-891_ Pn3Sent8U0n, discussion, public hearing and consideration 0f
Ordinance No. 1555, o proposed text amendment of the Apache
Junction City Code Volume ||. Land Development Code, Chapter
1: Zoning {JndiD8DCU. Article 1-18: AdDliDiStc8tiUD. § 1-16-10
Violations, Penalties And Enforcement, io amend the zoning
violation penalty fees.
Sponsors: Nicholas Leftwich
Attachments:
Draft Ordinance No. 1555.pdf
P-24-70-AM Draft Amendment Options.pdf
Table of Fee Comparisons to other Cities&Town��Rdf
U. OLD BUSINESS
The council shall consider any business that has been previously considered and which is still unfinished
to include those items previously postponed or tabled. No member of the public shall be permitted to
speak on these items unless invited to do so by the mayor after first submitting a written
nmqumot-/o-opaak form with the city clerk.
J. NEW BUSINESS
The council shall consider any business not yet considered. No member of the public shall be permitted
8o speak on these items unless invited tnohooby the mayor after first submitting awritten
n*queot-6x-opouk form with the city clerk.
K. COUNCIL DIRECTION TO STAFF
This item allows the mayor and city council to direct staff on specifically listed matters.
20. Council direction to staff regarding the continuation of the .2% sales
tax which is set to expire on K4onoh 1. 2025. and the .2Y6 ao|ee tax
which is set to expire on September 1, 2020.
Sponsors: Matt Busby
L. SELECTION OF MEETING DATES~ TIMES, LOCATIONS, AND PURPOSES
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City Council Meeting Agenda November 5,2024
M. CALL TO PUBLIC
At this time the public has the privilege to address the council with requests, communications, comments
or suggestions relating to city business.All speakers must have already submitted a written "Request to
Speak"form to the city clerk no later than the conclusion of the city manager's report portion of the
agenda. If there is a group speaking on the same item, they should select a spokesperson.All such
remarks shall be addressed to the council as a whole and not to any member thereof The mayor is
authorized to ask a speaker to stop speaking and leave the podium or to adjourn the meeting if anyone
becomes disorderly, uncivil, makes personal attacks or continues to speak about items that are not
within the jurisdiction of the city after being warned such issues are beyond the jurisdiction of the city to
act. The council may not answer questions of the speaker, discuss the matter with one another, but may,
at the conclusion: 1)respond to criticism by a speaker, 2)ask the city manager to review a matter, 3)
ask the city manager to place the matter on a future agenda. Each speaker must approach the podium,
speak into the microphone,provide their name and address. There is a three(3)minute time limit per
speaker.
N. ADJOURNMENT
Copies of this agenda and additional information on any of the items listed above may be obtained from
the City Clerk's office located at 300 E Superstition Blvd,Apache Junction,AZ 85119, Monday through
Thursday from 7:00a-6:00p, excluding holidays.
The City of Apache Junction invites and welcomes people of all abilities to use our programs, sites and
facilities. Specific requests 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 7 Printed on 1013112024
City of Apache Junction, Arizona 300 E Superstition
Boulevard
Agenda Item Cover Sheet Apache Junction,AZ
85119
Agenda Item No. 1.
File ID: 24-816
Sponsor:Yvette McKinney Agenda Date: 11/5/2024
Index: In Control: City Council Meeting
Consideration of acceptance of agenda.
City of Apache Junction,Arizona Page 1 Printed on 1013112024
City of Apache Junction, Arizona 300 E Superstition
Boulevard
Agenda Item Cover Sheet Apache Junction,AZ
85119
Agenda Item No.2.
File ID: 24-821
Sponsor:Yvette McKinney Agenda Date: 11/5/2024
Index: In Control: City Council Meeting
Consideration of approval of minutes of the regular meeting of October 15, 2024.
City of Apache Junction,Arizona Page 1 Printed on 1013112024
City of Apache Junction, Arizona Meeting location:
City Council Chambers
Meeting Minutes at City Hall
300 E.Superstition Blvd
City Council Meeting Apache Junction,AZ
85119
apachejunctionaz.gov
Ph:(480)982-8002
Doors are open to the public at least 15 minutes prior to the
posted meeting start time.
Tuesday,October 15,2024 7:00 PM City Council Chambers
A. CALL TO ORDER
Mayor Wilson called the meeting to order at 7:00 p.m.
B. INVOCATION AND PLEDGE OF ALLEGIANCE
Vice Mayor Schroeder gave the invocation and Councilmember Heck led the meeting attendees
in the Pledge of Allegiance.
C. ROLL CALL
Present: 7- Mayor Wilson
Vice Mayor Schroeder
Councilmember Nesser
Councilmember Heck
Councilmember Johnson
Councilmember Cross
Councilmember Soller
Staff in Attendance:
Bryant Powell, City Manager
Evie McKinney, Deputy City Clerk
Joel Stern, City Attorney
Kayla Fulmer, Director of Marketing and Communications
Michael Pooley, Police Chief
Johnny John, Assistant Chief of Police
Liz Langenbach, Parks& Recreation Director
Pam Harrison, Library Director
Rob Wisler, Management Analyst
Eli Richardson, Management Analyst
D. CONSENT AGENDA
Councilmember Nesser moved,seconded by Councilmember Soller to approve the Consent
Agenda.
Yes: 7- Mayor Wilson, Vice Mayor Schroeder, Councilmember Nesser, Councilmember
Heck, Councilmember Johnson, Councilmember Cross and Councilmember
Soller
No: 0
City of Apache Junction,Arizona Page 1
City Council Meeting Meeting Minutes October 15,2024
1. 24-815 Consideration of acceptance of agenda.
2. 24-820 Consideration of approval of minutes of the regular meeting of October 1,
2024.
3. 24-862 Consideration of approval of Resolution No. 24-36 retroactively
approving submission of projects totaling $84,801.00, for grant funded
Arizona 2025 Highway Safety Plan.
E. AWARDS, PRESENTATIONS AND PROCLAMATIONS
4. 24-861 Proclamation designating the week of October 13 through October 19,
2024 as "Arizona Cities and Towns Week."
Mayor Wilson read the Proclamation designating the week of October 13 through October 19,
2024, as"Arizona Cities and Towns Week"and presented it to City Manager Bryant Powell.
F. REGIONAL INTERGOVERNMENTAL UPDATES
5. 24-825 Brief summary of intergovernmental updates from mayor and
councilmembers.
Mayor Wilson visited the local National Guard Unit and toured Boeing KC 135 Stratotanker
airplanes. He shared that the planes are the same type that he worked on when he was in the
Air Force so it was a special visit for him.
Mayor Wilson also attended a meeting with Pinal County where the discussion regarded
changes to the National Forest and Bureau of Land Management(BLM)areas. They are adding
three target ranges and opening up several Off Highway Vehicle (OHV) roads.
G. CITY MANAGER'S REPORT
6. 24-830 City Manager's Report.
City Manager Bryant Powell shared that residents are able to sign up for the Citizen Leadership
Institute and for neighborhood meetings. He stated the meetings are so important to build trust
with the community.
Mr. Powell also shared the updated website dedicated to helping new citizens of the city or
potential citizens. It helps answer questions regarding the property tax situation, utilities to sign
up for and other important information. The website address is
www.apachejunctionaz.gov/1 103/new-resident-page.
Mr. Powell also highlighted the annual Make a Difference Day that was held on Saturday,
October 5, 2024. He shared pictures of the event and thanked all the volunteers and sponsors.
7. 24-835 Announcement of Current Events.
Management Analyst Eli Richardson shared upcoming events:
City of Apache Junction,Arizona Page 2
City Council Meeting Meeting Minutes October 15,2024
* Halloween Festival on Saturday, October 26, 2024, 4:00 p.m. -8:00 p.m. at Superstition
Shadows Park located at 1091 W. Southern Ave, Apache Junction.
* Party with the Parks on Saturday, November 2, 2024, 1:00 p.m. -5:00 p.m. at Painted Sky
Park located at 10109 S. Dutchman Dr,Apache Junction.
*Apache Junction Stuff The Bus-School Supply Drive. Supplies will be accepted October 12,
2024- November 7, 2024 at the following locations during daily business hours:
Multi-Generational Center- 1035 N. Idaho Rd
City Hall (Development Services Lobby)-300 E. Superstition Blvd
Public Library- 1177 N. Idaho Rd
Police Department- 1001 N. Idaho Rd
Check the website for a list of needed supplies at www.apachejunctionaz.gov/stufflhebus.
H. PUBLIC HEARINGS
8. 24-853 Presentation, discussion, public hearing and consideration of Ordinance
No. 1552, approving the text amendment to the Apache Junction City
Code, Volume 1, Chapter 2: Mayor, Council, and Appointed Boards and
Commissions, Article 2-21: Board of Adjustment and Appeals/Municipal
Property Corporation/Public Safety Personnel Retirement Board,
Section 2-21-3, Public Safety Personnel Retirement Board, repealing
any conflicting provisions; and providing for severability.
Councilmember Soller moved,seconded by Vice Mayor Schroeder that Ordinance No. 1552 be
read by title only and the reading of the entire ordinance be waived.
Motion passed unanimously.
Deputy City Clerk McKinney read Ordinance No.1552 by title only, repealing any conflicting
provisions; and providing for severability.
Counclimember Soller moved,seconded by Councilmember Nesser that Ordinance No. 1552,as
read by the Deputy City Clerk, be approved and adopted.
Yes: 7- Mayor Wilson, Vice Mayor Schroeder, Councilmember Nesser, Councilmember
Heck, Councilmember Johnson, Councilmember Cross and Councilmember
Soller
No: 0
Deputy City Clerk Evie McKinney presented that during the City Council Work Session of August
19, 2024, a request for consideration to amend the Apache Junction City Code Vol. 1
Subsection 2-21-3 Public Safety Personnel Retirement Board. The amendment would allow the
city council to fill a vacancy regardless of the quorum status. This would ensure equitable and
impartial representation on the board since members consist of two civilian representatives, two
police officers elected by the Police Officers Association, and a chairman.
On August 20, 2024, City Council directed staff to review and consider updates to the Apache
Junction City Code, Volume 1, Subsection 2-21-3 Public Safety Personnel Retirement Board
related to vacancies on the board.
City of Apache Junction,Arizona Page 3
City Council Meeting Meeting Minutes October 15,2024
Background
On November 2, 2021, the city council voted 6:1 to direct staff to amend the multiple board and
commission sections of the city code so that in situations where the quorum is in danger of not
being met, the council will fill the vacancies immediately using the then-current talent bank
applications and will not wait until the annual October appointment cycle.
On December 7, 2021, the council adopted Ordinance No. 1520 and Resolution No. 21-53
related to the quorum preservation for all boards and commissions.
The Public Safety Personnel Retirement Board was included in this amendment. The board is
comprised of two civilians, two elected police officers, and a chairman.
The board has increased in activity the past few years and to provide fair and equal
representation to the members coming before the board, the City Clerk's office is requesting an
amendment to this section of the city code. The amendment would allow vacancies on the
Public Safety Retirement Board to be filled immediately by the city council, even if the quorum is
not in danger of not being met.
If there becomes a vacancy on the board, new applicants may be sought in addition to using the
current talent bank applications for the Council to promptly fill the vacancy.
The Public Safety Personnel Retirement Board would be the sole entity affected by this change.
Mayor Wilson opened the Public Hearing, receiving no comments from the public, he closed
the public hearing and asked for a motion.
1. OLD BUSINESS
J. NEW BUSINESS
9. 24-876 Discussion and consideration of Resolution No. 24-34, approving a
corrected legal description of district boundaries in Superstition Vistas
Community Facilities District No. 2, as set forth in an amended
intergovernmental and development agreement.
Councilmember Soller moved,seconded by Councilmember Nesser that Resolution No.24-34,
approving a corrected legal description of district boundaries in Superstition Vistas Community
Facilities District No.2,as set forth in an amended intergovernmental and development
agreement be approved.
Yes: 7- Mayor Wilson, Vice Mayor Schroeder, Councilmember Nesser, Councilmember
Heck, Councilmember Johnson, Councilmember Cross and Councilmember
Soller
No: 0
Special Counsel to the City for Community Facilities District(CFD) matters Zach Sakas, Esq.
with Greenberg Traurig, LLP, presented the background for Resolution No. 24-34.
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City Council Meeting Meeting Minutes October 15,2024
He explained that this will not affect the residents property taxes within the District.
Councilmembers; had no concerns.
10. 24-801 Consideration of applicants for annual appointments and reappointments
for the City of Apache Junction Boards and Commissions. Council
interviewed applicants at the October 14th work session and may take
this opportunity to fill positions.
Mayor Wilson thanked all the applicants and their interest in serving the community and shaping
its future. He then began the appointment process.
Apache Junction Sewer Distdct
Councilmember Johnson moved, seconded by Councilmember Soller that Roy Starr be
appointed to the Apache Junction Sewer District for a term to expire on October 31, 2026.
YES: 7 -Mayor Wilson, Vice Mayor Schroeder, Councilmembers Nesser, Heck, Cross,
Johnson and Soller
NO: 0
Motion passed
Board of Admustment
Councilmember Heck moved, seconded by Councilmember Johnson that Jaime Lanza be
reappointed to the Board of Adjustment for a term to expire on October 31, 202T
YES: 7-Mayor Wilson, Vice Mayor Schroeder, Councilmembers Nesser, Heck, Cross,
Johnson and Soller
NO: 0
Motion passed
Vice Mayor Schroeder moved, seconded by Councilmember Heck that Stephen Harshman be
appointed to the Board of Adjustment for a term to expire on October 31, 2027.
YES: 7-Mayor Wilson, Vice Mayor Schroeder, Councilmembers Nesser, Heck, Cross,
Johnson and Soller
NO: 0
Motion passed
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Construction Board of Appeals
Councilmember Heck moved, seconded by Councilmember Johnson that Stephen Harshman
be appointed to the Construction Board Of Appeals as the "Non-General Contractor"for a term
to expire on October 31, 2027.
YES: 7 -Mayor Wilson, Vice Mayor Schroeder, Councilmembers Nesser, Heck, Cross,
Johnson and Soller
NO: 0
Motion passed
No appointment made to the Construction Board Of Appeals as the"architect/engineer"for a
term to expire on October 31, 2026.
No appointment made to the Construction Board Of Appeals As"a general contractor"for a
term to expire on October 31, 2027.
Health& Human Services Commission
Councilmember Johnson moved, seconded by Councilmember Heck that Sandra Mykland be
appointed to the Health & Human Services Commission for a term to expire on October 31,
2027.
YES: 7-Mayor Wilson, Vice Mayor Schroeder, Councilmembers Nesser, Heck, Cross,
Johnson and Soller
NO: 0
Motion passed
Councilmember Cross moved, seconded by Councilmember Nesser that Dr. Michael Brennan
be reappointed to the Health & Human Services Commission for a term to expire on October
31, 2027.
YES: 7-Mayor Wilson, Vice Mayor Schroeder, Councilmembers Nesser, Heck, Cross,
Johnson and Soller
NO: 0
Motion passed
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Library Board
Vice Mayor Schroeder moved, seconded by Councilmember Soller that Nola Perkins be
appointed to the library board for a term to expire on October 31, 2027.
YES: 7 -Mayor Wilson, Vice Mayor Schroeder, Councilmembers Nesser, Heck, Cross,
Johnson and Soller
NO: 0
Motion passed
Councilmember Cross moved, seconded by Councilmember Nesser that Vera Walters be
reappointed to the library board for a term to expire on October 31, 2027.
YES: 7-Mayor Wilson, Vice Mayor Schroeder, Councilmembers Nesser, Heck, Cross,
Johnson and Soller
NO: 0
Motion passed
Municipal Property Corporation
Councilmember Johnson moved, seconded by Councilmember Heck that Stephen Harshman
be appointed to the Municipal Property Corporation for a term to expire October 31, 2027.
YES: 7-Mayor Wilson, Vice Mayor Schroeder, Councilmembers Nesser, Heck, Cross,
Johnson and Soller
NO: 0
Motion passed
Councilmember Nesser moved that Frank Schoenbeck be appointed to the Municipal Property
Corporation for a term to expire October 31, 202T
Motion was withdrawn by Councilmember Nesser, as Mr. Schoenbeck currently serves on this
board, with a term to expire October 31, 2026.
Councilmember Heck moved, seconded by Vice Mayor Schroeder that Roy Starr be appointed
to the Municipal Property Corporation for a term to expire October 31, 2027.
YES: 7-Mayor Wilson, Vice Mayor Schroeder, Councilmembers Nesser, Heck, Cross,
Johnson and Soller
NO: 0
City of Apache Junction,Arizona Page 7
City Council Meeting Meeting Minutes October 15,2024
Motion passed
Councilmember Nesser moved, seconded by Vice Mayor Schroeder that Jeremy Benoit be
appointed to the Municipal Property Corporation for a term to expire October 31, 2027.
YES: 7 -Mayor Wilson, Vice Mayor Schroeder, Councilmembers Nesser, Heck, Cross,
Johnson and Soller
NO: 0
Motion passed
Parks And Recreation Commission
Vice Mayor Schroeder moved, seconded by Councilmember Nesser that Frank Schoenbeck be
reappointed to the Parks and Recreation Commission for a term to expire October 31, 2027.
YES: 7-Mayor Wilson, Vice Mayor Schroeder, Councilmembers Nesser, Heck, Cross,
Johnson and Soller
NO: 0
Motion passed
Councilmember Johnson moved, seconded by Vice Mayor Schroeder that Jeremy Benoit be
appointed to the Parks and Recreation Commission for a term to expire October 31, 2027.
YES: 7- Mayor Wilson,Vice Mayor Schroeder, Councilmembers Nesser, Heck, Cross,
Johnson and Soller
NO: 0
Motion passed
Planning And Zoning Commission
Councilmember Heck moved, seconded by Councilmember Johnson that Sandra Mykland be
appointed to the Planning and Zoning Commission for a term to expire on October 31, 2027.
YES: 7-Mayor Wilson, Vice Mayor Schroeder, Councilmembers Nesser, Heck, Cross,
Johnson and Soller
NO: 0
Motion passed
City of Apache Junction,Arizona Page 8
City Council Meeting Meeting Minutes October 15,2024
Councilmember Cross moved, seconded by Councilmember Heck that Roy Star be appointed
to the Planning and Zoning Commission for a term to expire on October 31, 2027.
YES: 7-Mayor Wilson, Vice Mayor Schroeder, Councilmembers Nesser, Heck, Cross,
Johnson and Soller
NO: 0
Motion passed
Public Safe1y Personnel Retirement Board
Councilmember Cross moved, seconded by Councilmember Johnson that Chris Sabo be
reappointed to the Public Safety Personnel Retirement Board as "police representative"for a
term to expire on October 31, 2028.
YES: 7-Mayor Wilson, Vice Mayor Schroeder, Councilmembers Nesser, Heck, Cross,
Johnson and Soller
NO: 0
Motion passed
Councilmember Heck moved, seconded by Councilmember Cross that Ron Neitzer be
reappointed to the Public Safety Personnel Retirement Board as"citizen member"for a term to
expire on October 31, 2028.
YES: 7-Mayor Wilson, Vice Mayor Schroeder, Councilmembers Nesser, Heck, Cross,
Johnson and Soller
NO: 0
Motion passed
Industrial Development Authority
Councilmember Cross moved, seconded by Vice Mayor Schroeder that Frank Schoenbeck be
appointed to the Industrial Development Authority for a term to expire on October 31, 2027.
YES: 7-Mayor Wilson, Vice Mayor Schroeder, Councilmembers Nesser, Heck, Cross,
Johnson and Soller
NO: 0
Motion passed
City of Apache Junction,Arizona Page 9
City Council Meeting Meeting Minutes October 15i2V24
Counci|member Johnson moved, seconded byCounci{memberNesserthat Stephen Harshman
be appointed to the Industrial Development Authority for a term to expire on October 31, 2028.
YES: 7-Mayor Wilson, Vice Mayor Schroeder, Counui|mombeno Neoaer, Heok, Cn»aa,
Johnson and SoUor
NO: 0
Motion passed
Councilmember Cross moved, seconded by Vice Mayor Schroeder that Jaime Lanza be
appointed to the Industrial Development Authority for a term to expire on October 31, 2026.
YES: 7-Mayor Wilson, Vice Mayor Schroeder, Counoi|membero Neooer, Heck, Cnooe,
Johnson and So||or
NO: U
Motion passed
*Note-Jaime Lanza is currently serving on the Industrial Development Authority with a term to
expire on October 31. 202S. He did not need tobe appointed ur reappointed at this time.
Vice Mayor Schroeder moved, seconded byCounci|memberSo||erthat Catherine Meek be
appointed to the Industrial Development Authority for a term to expire on October 31, 2028.
YES: T'Mayor Wilson, Vice Mayor Schroeder, Cnunoi|membem Neoeer, Heok, Cnoae,
Johnson and So||er
NO: 0
Motion passed
No appointment made to the Industrial Development Authority for a term to expire October 31,
2026.
No appointment made to the Industrial Development Authority for a term to expire October 31,
2026.
No appointment made to the Industrial Development Authority for a term to expire October 31,
2027.
K. COUNCIL DIRECTION TO STAFF
L. SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES
City vr Apache Junction,Arizona pauem
City Council Meeting Meeting Minutes October 15,2024
M. CALL TO PUBLIC
Catherine Meek, 1327 S. Belair Rd, Apache Junction, shared the Superstition Mountain Museum
is now open daily from 9:00 a.m. -4:00 p.m. The museum will have many events coming up
including the paranormal event on October 19 and 20, 2024.
Donna Carr, 2178 W. Virginia St, Apache Junction, stated her frustrations with Code
Compliance as one of her neighbors was fined $4,000 for dollar tree solar lights in their front
yard.
Councilmembers asked City staff to review the code compliance case for$4,000 for solar
lights.
N. ADJOURNMENT
Mayor Wilson adjourned the meeting at 7:48 p.m.
ACCEPTED THIS DAY OF 2024, BY THE MAYOR AND CITY
COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA.
SIGNED AND ATTESTED TO THIS DAY OF 2024.
WALTER"CHIP"WILSON
Mayor
ATTEST:
JENNIFER PENA
City Clerk
City of Apache Junction,Arizona Page 11
City of Apache Junction, Arizona 300 E Superstition
Boulevard
Agenda Item Cover Sheet Apache Junction,AZ
85119
Agenda Item No. 3.
File ID: 24-881
Sponsor: Nicholas Leftwich Agenda Date: 11/5/2024
Index: In Control: City Council Meeting
Consideration of approval of Final Plat for Radiance; Parcel 19.28 (SV-22-52).
City of Apache Junction,Arizona Page 1 Printed on 1013112024
City ofApache Junction
7
Development Services Department
CITY COUNCIL
CONSENT AGENDA STAFF REPORT
DATE: November 5, 2024
TO: Honorable Mayor and City Council Members
THROUGH: Bryant Powell, City Manager
Rudy Esquivias, Development Services
Director
Sidney Urias, Planning Manager
CASE NUMBERS: Final Plat for Superstition Vistas - Phase
1B - Parcel 19 . 28 (SV-22-52)
OWNER & APPLICANT: D.R. Horton
REQUEST: Approval of Final Plat of Parcel 19 . 28 to
facilitate the development of the Radiance
Amenity Center.
LOCATION: Section 18, SEC of Radiance Avenue &
Reverence Road
BACKGROUND
D.R. Horton is requesting approval of the Final Plat for
Superstition Vistas, Phase 1B, Parcel 19 . 28 . This plat comprises
a single lot, which is to be the site of the Radiance Amenity
Center.
PLANNING DIVISION RECOMMENDATION
Staff is supportive of the proposed Final Plat for its
conformance with the Auction Property at Superstition Vistas
Master Planned Community Plan and respectfully recommend that
the City Council approve the proposed Final Plat request .
"SV-22-52,Final Plat for Superstition Vistas-Phase IB-Parcel 19.28"
November 5,2024 City Council Staff Report
RECOMMENDED MOTION FOR FINAL PLAT
I move that the Apache Junction City Council approve SV-22-52,
Final Plat for Superstition Vistas, Phase 1B, Parcel 19 . 28, as
requested by D.R. Horton, located at in Section 18 at the
southeast corner of Radiance Avenue and Reverence Road.
7 W- zpxt-r-t
Prepared by Nick Leftwich
Planner
Attachments :
Exhibit #1 - Final Plat for Superstition Vistas - Phase 1B -
Parcel 19 . 28 (SV-22-52)
"SV-22-52,Final Plat for Superstition Vistas-Phase IB-Parcel 19.28"
November 5,2024 City Council Staff Report
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KNOW ALL MEN BY THESE PRESENTS: A PORTION OF THE SOUTHWEST QUARTER OF SECTION 19,
THAT D.R. HORTON, INC., A DELAWARE CORPORATION, AS OWNER, HAS SUBDIVIDED UNDER THE NAME OF
"SUPERSTITION VISTAS — PHASE 1B — PARCEL 19.28" A PORTION OF THE SOUTHWEST QUARTER OF SECTION 19 TOWNSHIP 1 SOUTH RANGE 8 EAST OF THE GILA AND Z 0
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TOWNSHIP 1 SOUTH, RANGE 8 EAST OF THE GILA AND SALT RIVER MERIDIAN, PINAL COUNTY, ARIZONA, AS SALT RIVER MERIDIAN PINAL COUNTY ARIZONA 8!< cv
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SHOWN AND PLATTED HEREON AND HEREBY PUBLISHES THIS PLAT AS AND FOR THE PLAT OF "SUPERSTITION
\4STAS — PHASE 1B — PARCEL 19.28" HEREBY DECLARES THAT SAID PLAT SETS FORTH THE LOCATION AND
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GIVES THE DIMENSIONS OF THE LOTS, STREETS AND EASEMENTS CONSTITUTING SAME AND THAT EACH LOT AND APACHE N
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STREET SHALL BE KNOWN BY THE NUMBER, LETTER, OR NAME GIVEN EACH RESPECTIVELY ON SAID PLAT. D.R. JUNCTION
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THE STREETS AND EASEMENTS AS SHOWN ON SAID PLAT AND INCLUDED IN THE ABOVE DESCRIBED PREMISES. :z < r'l — 6__
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EACH OF THE OWNERS, AS TO THE PORTION OF THE PROPERTY OWNED BY THAT OWNER, HEREBY DEDICATES TO REVERENCE
THE CITY OF APACHE JUNCTION FOR USE AS SUCH THE VEHICULAR NON—ACCESS EASEMENTS AND PUBLIC ROAD co
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UTILITY AND FACILITY EASEMENTS, AS SHOWN ON THE SAID PLAT AND INCLUDED IN THE ABOVE DESCRIBED APACHE JUNCTION
PREMISES. THE DEDICATION OF REAL PROPERTY MARKED AS STREETS ON THIS PLAT IS A DEDICATION TO THE
CITY OF APACHE JUNCTION, IN FEE, FOR THE CITYS USE AS PUBLIC RIGHT—OF—WAY. THE DEDICATION OF REAL RAY AVENUE
PROPERTY MARKED AS PUBLIC UTILITY AND FACILITIES EASEMENTS IS A DEDICATION OF A PUBLIC UTILITY AND PINAL COUNTY
FACILITIES EASEMENT TO THE CITY, WITH SUCH DEDICATION INCLUDING THE FOLLOWING USES: TO CONSTRUCT,
INSTALL, ACCESS, MAINTAIN, REPAIR, RECONSTRUCT, REPLACE, REMOVE, UTILITIES AND FACILITIES (INCLUDING, BUT VICINITY MAP
NOT LIMITED TO, WATER, WASTEWATER, GAS, ELECTRIC, STORM WATER, PIPES, CONDUIT, CABLES, AND SWITCHING NOT TO SCALE
EQUIPMENT), CONDUCTORS, CABLES, FIBER OPTICS, COMMUNICATION AND SIGNAL LINES, TRANSFORMERS, VAULTS, Tl S, R8E 0.
MANHOLES, CONDUITS, PIPES AND CABLES, FIRE HYDRANTS, STREET LIGHTS, STREET PAVEMENT, CURBS, GUTTERS, I <
SIDEWALKS, TRAFFIC SIGNALS, EQUIPMENT AND SIGNS, PUBLIC TRANSIT FACILITIES, SHELTERS AND IMPROVEMENTS, co Z
LANDSCAPING, STORM DRAINAGE, WATER RETENTION AND DETENTION, FLOOD CONTROL, AND ALL APPURTENANCES Tm 0
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TO ALL OF THE FOREGOING, AND ALL SIMILAR AND RELATED PURPOSES TO THE FOREGOING, TOGETHER WITH THE
RIGHT TO ALTER GROUND LEVEL BY CUT OR FILL (PROVIDED THAT GROUND LEVEL SHALL NOT BE ALTERED IN A
MANNER THAT CONFLICTS WITH THE OPERATION, MAINTENANCE, OR REPAIR OF EXISTING UTILITY OR PUBLIC
LOT I OWNERMEVELOPER SURVEYOR z
IMPROVEMENTS) AND THE UNRESTRICTED RIGHT OF VEHICULAR AND PEDESTRIAN INGRESS AND EGRESS TO, FROM, 0. 0
DR HORTON HILGARTWILSON, LLC
AND ACROSS THE EASEMENT PROPERTY. ADDITIONALLY, THE CITY IS AUTHORIZED TO PERMIT OTHERS TO USE THE 0
PUBLIC UTILITY AND FACILITY EASEMENT PROPERTY FOR ALL USES AND FACILITIES ALLOWED HEREIN. ALL OTHER SHEET 3 2525 WEST FRYE AVENUE, SUITE 100 2141 E. HIGHLAND AVE., STE. 250 z
EASEMENTS ARE HEREBY DEDICATED FOR THE PURPOSES UNLESS APPROVED OTHERWISE BY THE CITY OF APACHE CHANDLER, AZ 85224 PHOENIX, ARIZONA 85016 (o
JUNCTION, ALL EASEMENTS CREATED BY THIS PLAT ARE PERPETUAL AND NONEXCLUSIVE EASEMENTS. CONTACT: JOSE CASTILLO PHONE: (602) 490-0535
DIVISION VICE PRESIDENT OF LAND DEVELOPMENT CONTACT: BRIAN BENEDICT, RLS
AS CONTEMPLATED BY THE DISTRICT DEVELOPMENT, FINANCING PARTICIPATION, WAIVER AND INTERGOVERNMENTAL PHONE: (480) 791-1593 co
AGREEMENT DATED AS OF FEBRUARY 22, 2022, RECORDED IN INSTRUMENT NO. 2022-021689 OF THE OFFICIAL
RECORDS OF PINAL COUNTY, AS THE SAME MAY BE AMENDED FROM TIME TO TIME (THE $'CFD DEVELOPMENT z z
AGREEMENT"), CERTAIN PUBLIC INFRASTRUCTURE IMPROVEMENTS TO BE FINANCED BY THE SUPERSTITION VISTAS SAVANNAH 0 Cm=
COMMUNITY FACILITIES DISTRICT NO. 1 (THE -CFD") ARE TO BE CONSTRUCTED WITHIN THE DEDICATED AVENUE
RIGHTS—OF—WAY, TRACTS AND EASEMENT AREAS DESIGNATED ON THIS PLAT (HEREINAFTER REFERRED TO
COLLECTIVELY AS THE "DISTRICT IMPROVEMENTS" EXCEPT AS PROVIDED IN THE NEXT PARAGRAPH). L
NOTWITHSTANDING SUCH DEDICATIONS, NO DISTRICT IMPROVEMENTS NOW OR HEREAFTER LOCATED ON OR UNDER co
THE LAND THAT IS HEREBY BEING DEDICATED TO THE CITY OF APACHE JUNCTION SHALL BE DEEMED TO HAVE Lij
BEEN DEDICATED TO OR ACCEPTED BY THE CITY OR OTHER GOVERNMENTAL ENTITY UNTIL CONVEYANCE AND 0.
ACCEPTANCE OF SUCH DISTRICT IMPROVEMENTS BY THE CITY OR OTHER GOVERNMENTAL ENTITY. D
NOTWITHSTANDING THE FOREGOING DEDICATIONS, OWNER HEREBY RESERVES AN INTEREST IN ANY OF THE SHEETINDEX
FOREGOING REAL PROPERTY UPON WHICH "PUBLIC INFRASTRUCTURE" AS SUCH TERM IS DEFINED IN SECTION NTS
48-701, ARIZONA REVISED STATUTES, HAS BEEN OR IS TO BE CONSTRUCTED, INCLUDING THE DISTRICT BASIS OF BEARING
IMPROVEMENTS. EXCEPT AS OTHERWISE PROVIDED IN THE LAST SENTENCE OF THIS PARAGRAPH, SUCH INTEREST
IS TO BE ACQUIRED BY THE CFD. SUCH INTEREST IS LIMITED TO ONE NECESSARY TO ACCOMMODATE THE BASIS OF BEARING IS S00017'01"E ALONG THE EAST LINE OF THE SOUTHEAST QUARTER
FINANCING OF THE ACQUISITION OF SUCH PUBLIC INFRASTRUCTURE (INCLUDING OF SUCH INTEREST IN SUCH REAL OF SECTION 19, TOWNSHIP 1 SOUTH, RANGE 8 EAST OF THE GILA AND SALT RIVER
PROPERTY) PURSUANT TO THE CFD DEVELOPMENT AGREEMENT. SUCH INTEREST IS TO BE RELEASED UPON THE MERIDIAN, MARICOPA COUNTY, ARIZONA, BETWEEN THE MONUMENTS AS SHOWN HEREON.
EARLIER OF THE ACQUISITION OF SUCH PUBLIC INFRASTRUCTURE ONLY BY THE CFD PURSUANT TO THE CFD
DEVELOPMENT AGREEMENT OR DECEMBER 31, 2056.
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D.R. HORTON, INC., A DELAWARE CORPORATION, AS OWNER, HAS HEREUNDER CAUSED ITS NAME TO BE SIGNED
DEVELOPMENT SERVICES
AND THE SAME TO BE ATTESTED TO BY THE SIGNATURE OF ----- ------- ITS <
---- THEREUNTO DULY AUTHORIZED THIS ----- DAY THIS MAP OF DEDICATION HAS BEEN CHECKED FOR CONFORMANCE WITH THE 0
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ORDINANCE AND REGULATIONS AND THAT PUBLIC STREET CONSTRUCTION ASSURANCES 0
D.R. HORTON, INC., A DELAWARE CORPORATION WILL BE PROVIDED PRIOR TO APPROVAL OF ALL RELATED IMPROVEMENT PLANS. z
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EXTERIOR BOUNDARIES OF LAND SURVEYED AND THE SUBDIVISION OF IT; THAT I HAVE Q)
PREPARED THE DESCRIPTION OF THE LAND SHOWN ON THE PLAT AND I HEREBY co <
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APPROVED BY THE COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA THIS 0
STATE OF ARIZONA -0
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)Ss COUNCIL ACCEPTS THE RIGHTS—OF—WAY DEDICATED HEREIN ON BEHALF OF THE BRIAN J. BENEDICT
COUNTY OF PINAL PUBLIC. THE SUBDIVIDER HAS PROVIDED A CERTIFICATE OF ASSURED WATER RLS 32222
SUPPLY AS REQUIRED BY ARIZONA REVISED STATUES 45.576 OR EVIDENCE THAT HILGARTWILSON, LLC /4j 32222 0 LO C-4 co
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ON THIS ------ DAY OF ------ BEFORE ME, THE AREA HAS BEEN DESIGNATED BY THE ARIZONA DEPARTMENT OF WATER 2141 E. HIGHLAND AVE., STE. 250 BENEDICT 'r- :2
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THE UNDERSIGNED, PERSONALLY APPEARED ------$ RESOURCES AS HAVING AN ASSURED WATER SUPPLY. PHOENIX, ARIZONA 85016 ./l 5/23...-* 0 0 Li bj
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ATTEST:
SEAL AND SIGNATURE OF THE ARIZONA REGISTERED LAND SURVEYOR D WG. N 0.
NOTARY PUBLIC: ----- MY COMMISSION EXPIRES: --- CITY CLERK 0
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FLOOD ZONE DESIGNATION NOTES
THE FOLLOWING FLOOD PLAIN DESIGNATION AND ASSOCIATED COMMENTS ARE COPIED DIRECTLY FROM THE FEDERAL EMERGENCY 1. THE MAINTENANCE OF LANDSCAPING WITHIN THE PUBLIC RIGHT-OF-WAY TO THE BACK OF CURB SHALL BE THE co
MANAGEMENT AGENCY (FEMA) WEBSITE. HILGARTWILSON, LLC AND THE UNDERSIGNED REGISTERED PROFESSIONAL LAND SURVEYOR RESPONSIBILITY OF THE HOMEOWNERS' ASSOCIATION OR THE ABUTTING LOT, TRACT OR PARCEL OWNER. cm
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MAKE NO STATEMENT AS TO THE ACCURACY OR COMPLETENESS OF THE FOLLOWING FLOOD ZONE DESIGNATION STATEMENT. 0
2. THE MAINTENANCE OF SIDEWALKS IN THE PUBLIC UTILITY FACILITY EASEMENTS SHALL BE THE RESPONSIBILITY
THE SUBJECT PROPERTY LIES WITHIN SHADED ZONE "X" WITH A DEFINITION OF: 0.2-PERCENT-ANNUAL-CHANCE FLOODPLAIN, OF THE HOMEOWNER'S ASSOCIATION.
AREAS OF 1-PERCENT-ANNUAL-CHANCE (BASE FLOOD) SHEET FLOW FLOODING WITH AVERAGE DEPTHS OF LESS THAN 1 FOOT, uj
AREAS OF BASE FLOOD STREAM FLOODING WITH A CONTRIBUTING DRAINAGE AREA OF LESS THAN 1 SQUARE MILE, OR AREAS 3. THE MAINTENANCE OF LANDSCAPING WITHIN THE ROADWAY MEDIAN SHALL BE THE RESPONSIBILITY OF THE 0
PROTECTED FROM THE BASE FLOOD BY LEVEES. NO BFES OR DEPTHS ARE SHOWN IN THIS ZONE, AND INSURANCE PURCHASE IS HOMEOWNER'S ASSOCIATION.
NOT REQUIRED. DESIGNATION DETERMINED BY FEMA FLOOD ZONE MAP 04021CO200E, PANEL NUMBER 200 OF 2575, EFFECTIVE
DATE DECEMBER 4, 2007. 4. CONSTRUCTION WITHIN PUBLIC UTILITY FACILITY EASEMENTS SHALL BE LIMITED TO UTILITIES, REMOVABLE FENCES 0.
AND DRIVEWAYS. I <
A PORTION OF THE SUBJECT PROPERTY LIES WITHIN ZONE "AE" WITH A DEFINITION OF: 1-PERCENT-ANNUAL-CHANCE in Z
FLOODPLAINS THAT ARE DETERMINED FOR THE FIS BY DETAILED METHODS OF ANALYSIS. IN MOST INSTANCES, BFES DERIVED FROM 5. NO STRUCTURES, EARTHWORK OR OTHER CONSTRUCTION WILL BE CARRIED OUT IN DRAINAGE PATHS OR Tm 0
THE DETAILED HYDRAULIC ANALYSES ARE SHOWN AT SELECTED INTERVALS IN THIS ZONE. MANDATORY FLOOD INSURANCE Ll!
PURCHASE REQUIREMENTS APPLY. AE ZONES ARE AREAS OF INUNDATION BY THE 1-PERCENT-ANNUAL-CHANCE FLOOD, INCLUDING RETENTION BASINS AS SHOWN ON THE APPROVED IMPROVEMENT PLANS AND, EXCEPT AS MAY BE APPROVED LU
AREAS WITH THE 2-PERCENT WAVE RUNUP, ELEVATION LESS THAN 3.0 FEET ABOVE THE GROUND, AND AREAS WITH WAVE BY DEVELOPMENT SERVICES ENGINEER, FENCING WILL BE LIMITED TO WIRE-STRAND OR BREAK-AWAY SECTIONS
HEIGHTS LESS THAN 3.0 FEET. THESE AREAS ARE SUBDIVIDED INTO ELEVATION ZONES WITH BFES ASSIGNED. THE AE ZONE WILL THAT CANNOT IMPEDE WATER FLOW OR COLLECT DEBRIS WHICH WOULD IMPEDE WATER FLOW. VEGETATION
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GENERALLY EXTEND INLAND TO THE LIMIT OF THE 1-PERCENT-ANNUAL-CHANCE STILLWATER FLOOD LEVEL (SWEL). DESIGNATION SHALL NOT BE PLANTED NOR ALLOWED TO GROW WITHIN DRAINAGE PATHS, EASEMENTS OR RETENTION BASINS 0
DETERMINED BY FEMA FLOOD ZONE MAP 04021CO200E, PANEL NUMBER 200 OF 2575, EFFECTIVE DATE DECEMBER 4, 2007. WHICH WOULD IMPEDE THE FLOW OF WATER. 0.
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6. ALL TRACTS NOT DEDICATED TO THE CITY OF APACHE JUNCTION SHALL BE IMPROVED IN ACCORDANCE WITH co
THE APPROVED PLANS AND DEEDED TO THE HOMEOWNERS' ASSOCIATION AFTER RECORDATION OF THE PLAT. 3
7. MAINTENANCE OF THE DRAINAGE AREAS WITHIN THE TRACTS AND EASEMENTS SHALL BE THE RESPONSIBILITY co 0
OF THE HOMEOWNERS' ASSOCIATION. SHOULD THE ASSOCIATION NOT ADEQUATELY MAINTAIN THEM, THE
GOVERNING ENTITY HAVING JURISDICTION OVER THE AREA IN WHICH THE TRACT OR THE EASEMENT IS LOCATED, z z
AT ITS DISCRETION, MAY ENTER UPON AND MAINTAIN THE DRAINAGE AREAS, AND CHARGE THE HOMEOWNERS' 0 Cm=
LOT DATA ASSOCIATION THE COST OF THE MAINTENANCE.
8. THE CITY OR ANY GOVERNING ENTITY HAVING JURISDICTION OVER THE FINAL PLAT SHALL HAVE THE RIGHT TO
ENFORCE ALL NOTES SHOWN AND ASSOCIATED WITH THE FINAL PLAT ON THE HOMEOWNERS, ASSOCIATION OR
ALL FUTURE OWNERS, ASSIGNS AND SUCCESSORS IN INTEREST AND/OR BENEFITING PROPERTIES.
LOT TABLE Lij
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LOT NO. AREA (SQ.FT) AREA (ACRES) 9. SHOULD THE HOMEOWNERS' ASSOCIATION NOT PAY PROPERTY TAXES ON ANY TRACT THEY OWN WITHIN THE D
SUBDIVISION AT ANY TIME IN THE FUTURE AND LOSE THE PROPERTY THROUGH TAX FORECLOSURE OR
LOT 1 395,848 9.0874 1 FORFEITURE OR DISSOLVE, THE CITY OR THE GOVERNING ENTITY HAVING JURISDICTION OVER THE AREA IN WHICH
THE TRACT OR THE EASEMENT IS LOCATED, SHALL ASSESS, LIEN, AND/OR COLLECT FROM ANY SUCCESSOR IN
INTEREST AND/OR BENEFITING PROPERTIES THE COST OF MAINTENANCE OF ALL IMPROVEMENTS, DRAINAGE
FACILITIES, LANDSCAPING AND AMENITIES.
10. PUBLIC UTILITY AND FACILITY EASEMENTS (PUFE) WILL BE TREATED LIKE PUBLIC UTILITY EASEMENTS WHEN
DETERMINING WHO PAYS RELOCATION COSTS OF SRP AND SOUTHWEST GAS FACILITIES IN PUFE'S ON THIS PLAT.
RIGHT OF WAY AREAS d
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PARCEL NO. AREA (SQ.FT) AREA (ACRES)
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GROSS AREA 455,536 SQ. FT. 10.4577 ACRES
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City of Apache Junction, Arizona 300 E Superstition
Boulevard
Agenda Item Cover Sheet Apache Junction,AZ
85119
Agenda Item No.4.
File ID: 24-887
Sponsor: Shane Kiesow Agenda Date: 11/5/2024
Index: In Control: City Council Meeting
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.
City of Apache Junction,Arizona Page 1 Printed on 1013112024
Public Works Department
Home of'the Superstition Mountains
Date: October 21, 2024
To: Mayor and Members of the City Council
Through: Bryant Powell, City Manager
Ted Wolff, Public Works Director
From: Shane Kiesow, Public Works Manager
Subject: Project# HFS24-12 Award
City staff respectfully requests city council consideration of award of contract to Viasun
Corporation for project HFS24-12 for the crushing and screening of waste asphalt concrete for a
not to exceed amount including 10% contingency for unforeseens of$364,891.41. This work
takes the city's waste asphalt collected from past street reconstruction and rehabilitation
projects and is recycled by the crushing and screening process into aggregates used for future
street pavement preservation treatments and maintenance activities. Project is budgeted for
this fiscal year through the department's allocated Highway Users Revenue Funds ("HURF")
funding.
This work involves making aggregate for the upcoming pavement preservation slurry and chip
seal projects discussed with council at the July 16, 2024 City Council regular session under
Public Works' "Fiscal Year 2025 CIP & Street Maintenance Plan." The recycled aggregate
saves the city hundreds of thousands of dollars for future preservation projects and
maintenance costs while also saving the city in disposal costs with the old asphalt. The work is
conducted in the city's public works yard and lasts for approximately six weeks.
575 E. Baseline Avenue, Apache Junction, AZ 85219
Voice (480) 982-1055 + FAX (480) 983-5752 or(480) 982-8005
CITY OF APACHE JUNCTION
STREET MAINTENANCE AGREEMENT
PROJECT NO.: HFS24-12
"Recycled Asphalt Crushing & Screening"
THIS AGREEMENT made and entered into by and between the CITY OF
APACHE JUNCTION ("City"), an Arizona municipal corporation, and VIASUN
CORPORATION, an Arizona corporation, ("Contractor"), sometimes collectively
referred to as the "Parties", or individually as a "Party".
RECITALS
A. Contractor asserts its willingness, ability and qualifications to provide
the completed products, goods and services (the "Work") called for in
Pinal County cooperative job order contract no. 175623, Contractor's
Estimate (attached hereto as Exhibit A) dated September 19, 2024 (the
"Contract Documents").
B. City and Contractor desire to set forth herein their respective
responsibilities and the manner and terms upon which Contractor shall
complete the Work.
C. City has complied with the public bidding requirements under Arizona
Revised Statutes ("A.R.S.") Title 34, and Apache Junction City Code,
Vol. 1, Chapter 3, Administration, Article 3-7, Procurement Procedures,
or such Work is categorically exempt from such process.
AGREEMENT
NOW, THEREFORE, City retains Contractor to perform, and Contractor
agrees to render the Work in accordance with the terms and conditions set forth
as follows:
I. PROJECT DESCRIPTION: Contractor shall do and perform or cause
to be done and performed in a good workmanlike manner, the Work in
accordance with and as more fully described in the Contract Documents.
2. PAYMENTS & COMPLETION: The total amount payable by the City
to the Contractor is an amount not to exceed Three Hundred Thirty-One
Thousand Seven Hundred Nineteen Dollars and Forty-Seven Cents
($331,719.47) (the "Contract Sum") for the performance of the Work under the
Contract Documents. All contracts will be operable for their full term at the
rates quoted in the initial bid proposal, unless otherwise extended in writing by
the City. Once City finds the Work acceptable under the Contract Documents,
City shall promptly submit for processing a certificate for payment stating that,
to the best of its knowledge, information and belief on the basis of its
observation and inspection, the Work has been completed in accordance with
the terms and conditions of the Contract Documents and that partial payment or
the balance due the Contractor is payable.
3. CONTRACT TERM: Upon Notice to Proceed given by the City,
Contractor shall begin Work no sooner than November 18, 2024 and shall
complete it no later than February 28, 2025. This provision does not limit the
liability of Contractor for actual damages sustained by City as a result of any
breach of contract or warranty by Contractor. Extensions may be approved at
times as the Parties mutually deem fit.
4. LABOR AND MATERIALS: Unless otherwise provided in the
Contract Documents, Contractor shall provide, pay for and insure under the
requisite laws and regulations all labor, materials, equipment, tools and
machinery, water, heat, utilities, transportation, other facilities and services
necessary for the proper execution and completion of the Work, whether
temporary or permanent, and whether or not incorporated or to be incorporated
in the Work.
5. INSPECTIONS AND QUALITY OF WORK: Contractor understands
and agrees that inspection of the Work performed hereunder will occur by City.
Contractor agrees that City will have the exclusive right to determine, in its sole
discretion, whether the Work has been performed in accordance with the
Contract Documents. Contractor further agrees to make such corrections to
the Work as may be directed by City to conform to said Contract Documents.
6. WARRANTY: Contractor shall guarantee the Work against defective
workmanship or materials for a period of one (1) year from the date of its final
acceptance under the contract, ordinary wear and tear and unusual abuse or
neglect excepted. Any omission on the part of City to condemn detective Work
or materials at the time of maintenance Work shall not be deemed an
acceptance and Contractor will be required to correct defective Work or
materials at any time before acceptance. Within one (1) year from the date of
acceptance due to faults in workmanship or materials, Contractor shall begin
making the necessary repairs to the satisfaction of City within fourteen (14)
calendar days of receipt of written notice from City. Such Work shall include the
repair or replacement of other Work or materials damaged or affected by
making the above repairs or corrective work all at no additional cost to City. In
the case of Work materials or equipment for which warranties are required by
the special provisions of the Contract Documents, Contractor shall provide or
secure from the appropriate subcontractor or supplier such warranties
addressed to and in favor of City and deliver same to City prior to final
acceptance of the Work. Delivery of such warranties shall not relieve
Contractor from any obligation assumed under any other provision of the
2
contract. The warranties and guarantees provided in this subsection shall be in
addition to and not in limitation of any other warrantees, guarantees or remedies
required by law, and shall survive the expiration of this Agreement for the time
period mentioned above.
7. TAXES: Contractor shall pay all license, sales, transaction privilege,
consumer, use and other similar taxes for the Work or portions thereof provided
by Contractor which are legally enacted at the time bids are received whether or
not yet effective or subsequently applicable due to acts of jurisdictions or bodies
other than City.
8. PERMITS & FEES: Unless otherwise provided in the Contract
Documents, Contractor shall secure and pay for all permits, government fees,
licenses and inspections necessary for the proper execution and completion of
work which are customarily secured after execution of the contract, and which
are legally required. Contractor shall give all notices and comply with all laws,
ordinances, rules, regulations and lawful orders of any public authority bearing
on the performance of the Work. City permits for this Work will be provided to
Contractor at no cost. Contractor represents and warrants that any license
necessary to perform the work under this Agreement is current and valid.
Contractor understands that the activity described herein constitutes "doing
business in the City of Apache Junction" and Contractor agrees to obtain a
business license pursuant to Chapter 8 of the Apache Junction City Code, Vol. 1,
and keep such license current during the term of this Agreement and after
termination of this Agreement any time work is performed pursuant to the
warranty provisions set forth in Section 6. Contractor also acknowledges that
the tax provision of the Apache Junction Tax Code, Chapter 8A, may also apply
and if so, shall obtain a transaction privilege license and/or other licenses as
may be required by the city code. Any activity by subcontractors within the
corporate city limits will invoke the same licensing regulations on any
subcontractors, and Contractor ensures its subcontractors will obtain any and
all applicable licenses. Further, Contractor agrees to pay all applicable
privilege and use taxes that are applicable to the activities, products and
services provided under this Agreement.
9. INDEPENDENT CONTRACTOR: Contractor shall at all times during
Contractor's performance of the services retain Contractor's status as an
independent contractor. Contractor's employees shall under no circumstances
be considered or held to be employees or agents of City, and City shall have no
obligation to pay or withhold state or federal taxes or provide workers'
compensation or unemployment insurance for or on behalf of them or
Contractor. Contractor shall supervise and direct the delivery of the materials
using its best skill and attention. Except as provided in this 'Agreement,
Contractor shall be solely responsible for all construction means, methods,
techniques, sequences and procedures, and for coordinating all portions of the
Work required by the Contract Documents. Contractor shall be responsible to
3
City for the acts and omissions of its employees, subcontractors and their
agents and employees and other persons providing any of the Work.
10. SUPERINTENDENT: Contractor shall employ a competent project
superintendent who shall be in attendance at the project site during the
progress of the Work. The superintendent shall represent and be the community
agent of Contractor and communications given to the superintendent shall be as
binding as if given to Contractor. Important communications shall be confirmed
in writing. The designated superintendent shall be designated for each project
and communicated to City before the Work is performed.
11. PROGRESS SCHEDULE: Contractor shall, immediately after
entering into this Agreement, generate an estimated Work progress schedule,
which shall be maintained and updated during the project. Work may progress
during regular City business hours only if it is determined by City not to disturb
normal operations.
12. INDEMNIFICATION: To the fullest extent permitted by law,
Contractor shall defend, indemnify and hold harmless City, its elected and
appointed officers, officials, agents, and employees from and against any and all
liability including but not limited to demands, claims, actions, fees, costs and
expenses, including reasonable attorney and expert witness fees, arising from,
or alleged to have arisen from, relating to, arising out of, or alleged to have
resulted from the acts, errors, mistakes, omissions, Work or services of
Contractor, its agents, employees, or any tier of Contractor's subcontractors in
the performance of this Agreement, but only to the extent caused by the
negligence, recklessness or intentional wrongful conduct of Contractor or its
subcontractors in the performance of the Work under this Agreement or any
subcontract. Contractor's duty to defend, hold harmless and indemnify City, its
special districts, elected and appointed officers, officials, agents, and
employees shall arise in connection with any claim, damage, loss or expense
that is attributable to bodily injury, sickness, disease, death, or injury to,
impairment, or destruction of property including loss of use resulting therefrom,
caused by an Contractor's acts, errors, mistakes, omissions, work or services in
the performance of this Agreement including any employee of Contractor, any
tier of Contractor's subcontractor or any other person for whose acts, errors,
mistakes, omissions, Work or services Contractor may be legally liable, but only
to the extent caused by the negligence, recklessness or intentional wrongful
conduct of Contractor or any tier of Contractor's subcontractors or any other
person for whose acts, errors, mistakes, omissions, Work or services
Contractor may be legally liable in the performance of the Work under this
Agreement or subcontract. The amount and type of insurance coverage
requirements set forth herein will in no way be construed as limiting the scope
of the indemnity in this paragraph. The rights and obligations under this Section
shall survive termination of this Agreement.
4
13. SUBCONTRACTORS: All subcontractors chosen by Contractor will
be subject to City's approval. All subcontractors shall be identified by
Contractor prior to award of contract. Contractor shall make no substitutions
for any subcontractor, person or entity previously selected without the approval
of City.
14. APPLICABLE LAW AND VENUE: The terms and conditions of this
Agreement shall be governed by and interpreted in accordance with the laws of
the State of Arizona. Any action at law or in equity brought by either Party for
the purpose of enforcing a right or rights provided for in this Agreement, shall
be tried in a court of competent jurisdiction in Pinal County, State of Arizona.
The Parties hereby waive all provisions of law providing for a change of venue in
such proceeding to any other county, In the event either Party shall bring suit to
enforce any term of this Agreement or to recover any damages for and on
account of the breach of any term or condition in this Agreement, it is mutually
agreed that the prevailing Party in such action shall recover all costs including:
all litigation and appeal expenses, collection expenses, reasonable attorney
fees, necessary witness fees and court costs to be determined by the court in
such action.
15. INSURANCE: Contractor, at its own expense, shall purchase and
maintain the herein stipulated minimum insurance with companies duly licensed,
possessing a current A.M. Best, Inc. Rating of B++6, or approved unlicensed in
the State of Arizona with policies and forms satisfactory to City.
All insurance required herein shall be maintained in full force and effect until all
Work required to be performed under the terms of the Agreement is
satisfactorily completed and formally accepted; failure to do so may, at the sole
discretion of City, constitute a material breach of this Agreement.
Contractor's insurance shall be primary insurance as respects the City, and any
insurance or self-insurance maintained by City shall not contribute to it.
Any failure to comply with the claim reporting provisions of the insurance
policies or any breach of an insurance policy warranty shall not affect coverage
afforded under the insurance policies to protect City.
The insurance policies, except Workers' Compensation, shall contain a waiver
of transfer rights of recovery (subrogation) against City, its agents, officers,
officials and employees for any claims arising out of Contractor's acts, errors,
mistakes, omissions, Work or service.
The insurance policies may provide coverage which contains deductibles or
self-insured retentions. Such deductible and/or self-insured retentions shall not
be applicable with respect to the coverage provided to City under such policies.
Contractor shall be solely responsible for the deductible and/or self retention
5
and City, at its option, may require Contractor to secure payment of such
deductibles or self-insured retentions by a surety bond or an irrevocable and
unconditional letter of credit.
City reserves the right to request and to receive, within ten (10) working days,
certified copies of any or all of the herein required insurance policies and/or
endorsements. City shall not be obligated, however, to review same or to advise
Contractor of any deficiencies in such policies and endorsements, and such
receipt shall not relieve Contractor from, or be deemed a waiver of, City's right
to insist on strict fulfillment of Contractor's obligations under this Agreement.
The insurance policies, except Workers' Compensation and Professional
Liability, required by this Agreement, shall name City, its agents, officers,
officials and employees as Additional Insureds.
REQUIRED COVERAGE
Commercial Gene[gl Liability
Contractor shall maintain Commercial General Liability insurance with a limit of
not less than $1,000,000 for each occurrence with a $2,000,000
Prod ucts/Com p leted Operations Aggregate and a $2,000,000 General
Aggregate limit. The policy shall include coverage for bodily injury, broad form
property damage, personal injury, products and completed operations and
blanket contractual coverage including, but not limited to, the liability assumed
under the indemnification provisions of this Agreement, which coverage will be
at least as broad as that on Insurance Service Office, Inc. Policy Form No. CG
00011093, or the equivalent thereof.
Such policy shall contain a severability of interest provision and shall not contain
a sunset provision or commutation clause, nor any provision which would serve
to limit third party action over claims.
The Commercial General Liability additional insured endorsement shall be at
least as broad as the Insurance Service Office, Inc.'s Additional Insured, Form
B, CG 20101185, or the equivalent thereof, and shall include coverage for
Contractor's operations and products and completed operations.
If required by this Agreement, if Contractor sublets any part of the Work,
Contractor shall purchase and maintain, at all times during prosecution of the
Work, under this Agreement, an Owner and Contractor's Protective Liability
insurance policy for bodily injury and property damage, including death, which
may arise in the prosecution of Contractor's Work, under this Agreement.
Coverage shall be on an occurrence basis with a limit not less than $1,000,000
per occurrence, and the policy shall be issued by the same insurance company
that issues Contractor's Commercial General Liability insurance.
6
Automobile Liabilit
y
Contractor shall maintain Commercial/Business Automobile Liability insurance
with a combined single limit for bodily injury and property damage of not less
than $1,000,000 each occurrence with respect to Contractor's owned, hired,
and non-owned vehicles assigned to or used in performance of Contractor's
Work. Coverage will be at least as broad as coverage code 1, "any auto",
(insurance Service Office, Inc. Policy Form CA 00011293, or the equivalent
thereof). Such insurance shall include coverage for loading and off-loading
hazards. If hazardous substances, materials or wastes are to be transported,
MCS 90 endorsement shall be included and $5,000,000 per accident limits for
bodily injury and property damage shall apply.
Workers' Compensation
Contractor shall carry Workers' Compensation insurance to cover obligations
imposed by federal and state statutes having jurisdiction of Contractor's
employees engaged in the performance of the Work; and Employer's Liability
insurance of not less than $100,000 for each accident, $100,000 disease for
each employee, and $500,000 disease policy limit.
By execution of this Agreement, Contractor certifies as follows:
"I am aware and understand the provisions of A.R.S. § 23-901 at seq.
which requires every employer to be insured against liability for workers'
compensation or to undertake self-insurance in accordance with the
provisions of this chapter, and I will comply with such provisions before
commencing the performance of the Work of this Agreement."
If Contractor has no employees for whom workers' compensation insurance is
required, Contractor shall submit a declaration or affidavit to City so stating and
covenanting to obtain such insurance if and when Contractor employs any
employees subject to coverage.
In case any work is subcontracted, Contractor will require subcontractors to
provide Workers' Compensation and Employer's Liability insurance to at least
the same extent as required of Contractor.
Certificates of Insurance
Prior to commencing Work or services under this Agreement, Contractor shall
furnish City with Certificates of Insurance, or formal endorsements as required
by the Agreement, issued by Contractor's insurer(s), as evidence that policies
providing the required coverages, conditions and limits required by this
Agreement are in full force and effect. The form of the certificates of insurance
and endorsements shall be subject to the approval of the Apache Junction City
7
Attorney's Office, shall comply with the terms of this Agreement, and shall be
issued and delivered to City Attorney, City of Apache Junction, 300 East
Superstition Boulevard, Apache Junction, AZ, 85119.
In the event any insurance policies required by this Agreement are written on a
"claims made" basis, coverage shall extend for two (2) years past completion
and acceptance of Contractor's Work and as evidenced by annual Certificates
of Insurance.
If a policy does expire during the life of the Agreement, a renewal certificate
must be sent to City thirty (30) calendar days prior to the expiration date.
All Certificates of Insurance shall be identified with bid serial number and title.
Policies or certificates and completed forms of City's Additional Insured
Endorsement (or a substantially equivalent insurance company form acceptable
to the City Attorney) evidencing the coverage required by this section shall be
filed with the City and shall include the City as an additional insured. The policy
or policies shall be in the usual form of a public liability insurance, but shall also
include the following provision:
"Solely as respects work done by or on behalf of the named insured
for the City of Apache Junction, it is agreed that the City of Apache
Junction and its officers and employees are added as additional
insureds under this policy,"
Insurance required herein shall not expire, be canceled, or materially changed
without thirty (30) calendar days' prior written notice to City.
16. CHANGE ORDERS: A change order is a written order to Contractor,
approved by the City representative, issued after execution of this maintenance
agreement authorizing a change in the Work or an adjustment in the
maintenance agreement sum or the maintenance agreement time. A change
order signed by Contractor indicates their agreement therewith. City may,
without invalidating this maintenance agreement, order changes in the Work
within the general scope of the maintenance agreement consisting of additions,
deletions or other revisions, the maintenance agreement sum, and the
maintenance agreement being adjusted accordingly. All such changes in the
Work shall be authorized by change order and shall be performed under the
applicable conditions of this maintenance agreement. The City representative
shall have authority to order minor changes in the Work not involving an
adjustment in the maintenance agreement sum or extension of maintenance
agreement time and not inconsistent with the intent of this maintenance
agreement. All such changes shall be affected by written order and shall be
binding upon City and Contractor.
8
17. SUCCESSORS' ASSIGNMENT & DELEGATION: City and Contractor
each bind themselves, their partners, successors, assigns and legal
representatives to the other Party hereto and to the partners, successors,
assigns and legal representatives of such other Party in respect to all
covenants, agreements and obligations contained in the contract documents.
Neither Party to the contract shall assign the contract or sublet it as a whole or
delegates the duties thereunder, without the written consent of the other, nor
shall Contractor assign any monies due or to become due to it without the
previous written consent of City.
18. WRITTEN NOTICE: Written notice shall be deemed to have been
duly served if delivered in person to the individual or member of the firm or
entity, or to an office of the corporation for whom it was intended or if delivered
at or sent registered or certified mail, return receipt requested, and first-class
postage prepaid to the last business address known to them who gives the
notice.
19. CLAIMS FOR DAMAGES: Should either Party to the contract suffer
injury or damage to personal property because of any act or omission of the
other Party or of their employees or agents for whose acts they are legally liable,
claims shall be made in writing to such other parties within a reasonable time
after the first observance of such injury or damages.
20. PAYMENT & PERFORMANCE BONDS: City shall have the right to
require Contractor to furnish bonds covering the faithful performance of the
contract and the payment of all obligations arising hereunder. Whdn required,
standard bond forms must be completed by Contractor, and Contractor agrees
to conform to all provisions set forth in such forms.
21. SAFETY: Contractor and/or its subcontractors shall be solely
responsible for job safety at all times.
22. RIGHTS & REMEDIES: The duties and obligations imposed by the
Contract Documents and the rights and remedies available hereunder shall be in
addition to and not a limitation of any duties, obligations, rights and remedies
otherwise imposed or available by law. No action or failure to act by City or
Contractor shall constitute a waiver of any right or duty afforded any of them
under the contract, nor shall any action or failure to act constitute an approval
of or an acquiescence to any breaches hereunder except as may be specifically
agreed to in writing.
23. FORCE MAJEURE: Neither City nor Contractor, as the case may
be, shall be considered not to have performed its obligations under this
Agreement in the event of enforced delay (an "Enforced Delay") due to causes
beyond its control and without its fault or negligence or failure to comply with
applicable laws, including, but not restricted to, acts of God, fires, floods,
9
epidemics, pandemics, quarantine, restrictions, embargoes, labor disputes, and
unusually severe weather or the delays of subcontractors or materialmen due to
such causes, acts of a public enemy, war, terrorism or act of terror (including
but not limited to bio-terrorism or eco-terrorism), nuclear radiation, blockade,
insurrection, riot, labor strike or interruption, extortion, sabotage, or similar
occurrence or any exercise of the power of eminent domain of any governmental
body on behalf of any public entity, or a declaration of moratorium or similar
hiatus (whether permanent or temporary) by any public entity directly affecting
the obligations under this Agreement, In no event will Enforced Delay include
any delay resulting from unavailability for any reason of labor shortages, or the
unavailability for any reason of particular Contractors, subcontractors, vendors
or investors desired by Contractor in connection with the obligations under this
Agreement. Contractor agrees that Contractor alone will bear all risks of delay
which are not Enforced Delay. In the event of the occurrence of any such
Enforced Delay, the time or times for performance of the obligations of the Party
claiming delay shall be extended for a period of the Enforced Delay; provided,
however, that the Party seeking the benefit of the provisions of this Section
shall, within thirty (30) calendar days after such Party knows or should know of
any such Enforced Delay, first notify the other Party of the specific delay in
writing and claim the right to an extension for the period of the Enforced Delay;
and provided further that in no event shall a period of Enforced Delay exceed
ninety (90) calendar days.
24. TERMINATION:
A. TERMINATION BY CITY: City shall be permitted to terminate this
Agreement if in the discretion of the city manager or his or her designee, they
believe Contractor has failed to meet the terms of this Agreement, City shall
provide Notice of Termination to Contractor by Certified U.S. Mail ten (10)
calendar days before such termination takes effect.
B. TERMINATION BY CONTRACTOR: Contractor may terminate
this Agreement if City fails to make payment as agreed upon in this document.
Any other termination will be deemed a breach of contract by Contractor.
Contractor shall provide Notice of Termination to City by Certified U.S. Mail ten
(10) calendar days before such termination takes effect.
25. RECORDS: Records of Contractor's labor, payroll and other costs
pertaining to this Agreement shall be kept on a generally recognized accounting
basis and made available to City for inspection on request. Contractor shall
maintain records for a period of at least two (2) years after termination of this
Agreement and shall make such records available during that
retention period for examination or audit by City personnel during regular
business hours.
10
26. AMENDMENT: It is mutually understood and agreed that no
alteration or variation of the terms and conditions of this Agreement shall be
valid unless made in writing and signed by the Parties hereto, and that oral
understandings or agreements not incorporated herein shall not be binding on
the Parties. The representatives of the Parties (signatory for Contractor noted
below or his or her designee, and the City Manager, or his or her designee), shall
be authorized to execute future amendments or extensions of this Agreement.
27. ENTIRE AGREEMENT: This Agreement and any attachments
represent the entire agreement between City and Contractor and supersede all
prior negotiations, representations or agreements, either express or implied,
written or oral. It is mutually understood and agreed that no alteration or
variation of the terms and conditions of this Agreement shall be valid unless
made in writing and signed by the Parties hereto. Written and signed
amendments shall automatically become part of the supporting documents, and
shall supersede any inconsistent provision therein; provided, however, that any
apparent inconsistency shall be resolved, if possible, by construing the
provisions as mutually complementary and supplementary.
28. SEVERABILITY: City and Contractor each believe that the execution,
delivery and performance of this Agreement are in compliance with all
applicable laws. However, in the unlikely event that any provision of this
Agreement is declared void or unenforceable (or is construed as requiring City
to do any act in violation of any applicable laws, including any constitutional
provision, law, regulation, or city code), such provision shall be deemed severed
from this Agreement and this Agreement shall otherwise remain in full force and
effect; provided that this Agreement shall retroactively be deemed reformed to
the extent reasonably possible in such a manner so that the reformed agreement
(and any related agreements effective as of the same date) provide essentially
the same rights and benefits (economic and otherwise) to the Parties as if such
severance and reformation were not required. Unless prohibited by applicable
laws, the Parties further shall perform all acts and execute, acknowledge and/or
deliver all amendments, instruments and consents necessary to accomplish and
to give effect to the purposes of this Agreement, as reformed.
29. TIME IS OF THE ESSENCE: Time is of the essence with respect to all
provisions in this Agreement. Any delay in performance by either Party shall
constitute a material breach of this Agreement.
30. CONFLICT OF INTEREST: This Agreement is subject to, and may be
terminated by City in accordance with, the provisions of A.R.S. § 38-511.
31. PROHIBITION TO CONTRACT WITH CONTRACTORS WHO ENGAGE
IN BOYCOTT OF THE STATE OF ISRAEL: The Parties acknowledge A.R.S. §§
35-393 through 35-393.03, as amended, which forbids public entities from
contracting with Contractors who engage in boycotts of the State of Israel.
11
Should Contractor under this Agreement engage in any such boycott against the
State of Israel, this Agreement shall be deemed automatically terminated by
operation of law. Any such boycott is a material breach of contract.
32. CERTIFICATION PURSUANT TO A.R.S- In accordance with
Arizona Revised Statutes § 35-394, Contractor hereby certifies and agrees that
Contractor does not currently and shall not for the duration of this Agreement
use: 1) the forced labor of ethnic Uyghurs in the People's Republic of China, 2)
any services or goods produced by the forced labor of ethnic Uyghurs in the
People's Republic of China, and/or 3) any suppliers, contractors or
subcontractors that use the forced labor or any services or goods produced by
the forced labor of ethnic Uyghurs in the People's Republic of China. If
Contractor becomes aware during the term of this Agreement that Contractor is
not in compliance with this Section, then Contractor shall notify the City within
five (5) business days after becoming aware of such noncompliance. If
Contractor does not provide the City with written certification that Contractor
has remedied such noncompliance within one hundred eighty (180) days after
notifying the City of such noncompliance, this Agreement shall terminate, except
that if the Agreement termination date occurs before the end of such one
hundred eighty (180) day remedy period, this Agreement shall terminate on such
contract termination date.
33. COMPLIANCE WITH FEDERAL AND STATE LAWS: Contractor
understands and acknowledges the applicability of the American with
Disabilities Act, the Immigration Reform and Control Act of 1986 and the Drug
Free Workplace Act of 1989 to the services performed under this Agreement,
As required by A.R.S. § 41-4401, Contractor hereby warrants its compliance
with all federal immigration laws and regulations that relate to its employees and
A.R.S. § 23-214(A). Contractor further warrants that after hiring an employee,
Contractor will verify the employment eligibility of the employee through the E-
Verify program. If Contractor uses any subcontractors in performance of
services, subcontractors shall warrant their compliance with all federal
immigration laws and regulations that relate to its employees and A.R.S. § 23-
214(A), and subcontractors shall further warrant that after hiring an employee,
such subcontractor verifies the employment eligibility of the employee through
the E-Verify program. A breach of this warranty shall be deemed a material
breach of the Agreement that is subject to penalties up to and including
termination of this Agreement. Contractor is subject to a penalty of $100 per
day for the first violation, $500 per day for the second violation, and $1,000 per
day for the third violation. City at its option may terminate this Agreement after
the third violation. Contractor shall not be deemed in material breach of this
Agreement if the Contractor and/or subcontractors establish compliance with
the employment verification provisions of Sections 274A and 274B of the federal
Immigration and Nationality Act and the E-Verify requirements contained in
A.R.S. § 23-214(A). City retains the legal right to inspect the papers of any
12
Contractor or subcontractor employee who works under this Agreement to
ensure that the Contractor or subcontractor Is complying with the warranty.
Any inspection will be conducted after reasonable notice and at reasonable
times. If state law Is amended, the Parties may modify this paragraph consistent
with state law.
IN WITNESS WHEREOF the Parties hereto have caused this Agreement to
be signed by their duly authorized representative as of this day of
2024.
99NIBACTOR:
VIASUN CORPORATION, an Arizona
corporation
By:
Its:
CITY:
CITY OF APACHE JUNCTION, ARIZONA,
an Arizona municipal corporation
By:
Its:Mgygr
ATTEST:
Jennifer Pena
City Clerk
APPROVED AS TO FORM:
Richard J. Stern
City Attorney
13
STATE OF AK--::77a
, r-1,- )
)Ss.
County of—MQV�- � )
The foregoing was subscribed and sworn to before me this
day of 2024, by
as_v2-JOL-CLIV—�1 ldkdslt���of Viasun Corporation, an Arizona
corporation.
COORm":011 my C
es:
My Commission Expir
Z�2y��Q-10�
STATE OF ARIZONA
) SS.
COUNTY OF PINAL
The foregoing was subscribed and sworn to before me this
day of , 2024, by Walter"Chip"Wilson, as Mayor of the City of
Apache Junction, Arizona, an Arizona municipal corporation.
Notary Public
My Commission Expires:
14
Exhibit A
3621 E. Superior Ave,
Phoenix,Arizona 85040
Phone: (480) 268-9669
Fax: (480) 223-6295
VlaSun Corporation
Date: 09119/2024 240059
Apache Junction
ache Jun
ArindOnt
10 General Conditions 20 DAY $22HO $4,500.00
20 Mobilization 1 LS $4,250M $4,250,00
30 Traffic Control/Barricading 0 LS KOO $0.00
40 Quality Control Testing 0 L.S KOO $0.00
50 Owners Allowance 0 L.S KOO $0.00
Subtotal General Items ---78-,75U0
Work Items
60 Asphalt Crushing 14064 TN $19.31 $271,575.84
$0.00
$0.00
Subtotal Work Items $271,575.84
Total Direct Cost $280,325.84
Total Direct Cost $280,325.84
Subtotal $280,325M
Indirect Cost
500 Overhead&Profit 9,00% $25,22933
Subtotal $25,229.33
Total $305,555.17
510 Insurance 1000% $3,055,55
520 Bond 1500% $4,58133
Subtotal $313,194.05
SMes Tax M15% $18,525A3
Total $331,719.47
DATE(MMIDDrYYYY)
AeCOR& CERTIFICATE OF LIABILITY INSURANCE 0
'Mm"
101912=024
THIS CERTIFICATE IS ISSUED AS A MATTER OF iNFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSUIRER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER,
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Agenda Item Cover Sheet Apache Junction,AZ
85119
Agenda Item No. 5.
File ID: 24-895
Sponsor: Patrick Ainsworth Agenda Date: 11/5/2024
Index: In Control: City Council Meeting
Consideration of approval of Resolution No. 24-30 adopting the findings and recommendations
of the Concentrated Downtown Master Plan Update.
City of Apache Junction,Arizona Page 1 Printed on 1013112024
City of Apache Junction
Home of the Superstition Mountains
DATE: November 5, 2024
TO: Mayor and City Council
THROUGH: Bryant Powell, City Manager
FROM: Patrick Ainsworth, Economic Development Director
SUBJECT: Consideration of Adoption of the Concentrated Downtown Master Plan
Update
The City of Apache Junction's last downtown master plan was adopted in 2010 and was
called the Downtown Redevelopment Implementation Strategy ("DRIS"). The plan
provided a framework of proposed public and private improvements. To help organize
the recommendations made in this plan, there were three study areas which included
the Suburban Zone, Transition Zone, and Core Downtown Zone.
Since it has been some time since its adoption, the City took the approach of conducting
a partial update to this plan. In February 2024, after issuing a Request for Proposals to
assist with this update, a contract was awarded to Swaback Architects and Planners to
lead the efforts of studying the market, engaging the public and various stakeholders for
feedback, and coming up with a series of recommendations on how to advance the
downtown area of Apache Junction.
That specific geographic area is the same boundary as the DRIS' Core Downtown Zone
to assist with plan update continuity. This study area encompasses the Central Arizona
College campus, the former Grand Hotel site, several tracts of vacant land, the Apache
Junction City Hall Campus, and other downtown area properties. It also allowed the
representatives from Swaback and the City to concentrate on what is considered the
'heart of the Apache Junction'. The study area also overlapped with the 10-acre
property that the City was acquiring at that time.
After several interviews with stakeholders, two well-attended open houses and several
meetings with city staff, it became clear that the focus of the plan is the 16-acre site that
housed the former Grand Hotel. As a result of this direction, a draft of the Concentrated
Downtown Master Plan Update, which is attached to the Resolution, comes with a series
of recommendations and four aspirational site plans of the former Grand Hotel site to
help visualize what the 16-acre site can look like.
The site plan concepts were backed by a market study conducted by ESI Corp., a sub-
consultant hired by Swaback. That market study is encompassed within the document
to help ensure that the concepts were based on current market data.
Staff reviewed the Concentrated Downtown Master Plan Update and made comments
to ensure that consensus of the public input and findings from the stakeholder interviews
were incorporated into this plan. The document attached is the end product for the City
Council to review, discuss, and adopt.
RECOMMENDATION
Staff respectfully recommends the city council receive a presentation, discuss, and
adopt the Concentrated Downtown Master Plan Update with Resolution No. 24-30.
RESOLUTION NO. 24-30
A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE
CITY OF APACHE JUNCTION, ARIZONA, ADOPTING THE FINDINGS
AND RECOMMENDATIONS OF THE CONCENTRATED DOWNTOWN MASTER
PLAN UPDATE.
WHEREAS, in 2010, the city council adopted Resolution No. 10-34
approving the Downtown Redevelopment and Implementation Strategy
("DRIS") document as the basis for revitalizing downtown Apache
Junction; and
WHEREAS, the Economic Development Strategic Plan recognizes the
need to update the DRIS to reflect the current downtown area community
goals; and
WHEREAS, numerous elected officials, community leaders,
stakeholders and staff worked with SWABACK Architects & Planners
("SWABACK") and the economic development department to craft an
updated plan that will serve as a new downtown conceptual guide; and
WHEREAS, the strategy, goals and recommendations represent a
consensus of actions to be considered and implemented over the next few
years .
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF
THE CITY OF APACHE JUNCTION, ARIZONA, AS FOLLOWS :
Section 1 : The mayor and city council approves and adopts the
Concentrated Downtown Master Plan Update, as presented at its October
14, 2024, council work session, set forth in Exhibit A.
PASSED AND ADOPTED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF
APACHE JUNCTION, ARIZONA, THIS DAY OF f 2024 .
SIGNED AND ATTESTED TO THIS DAY OF 2024 .
WALTER "CHIP" WILSON
Mayor
RESOLUTION NO. 24-30
PAGE 1 of 2
ATTEST:
JENNIFER PENA
City Clerk
APPROVED AS TO FORM:
RICHARD J. STERN
City Attorney
RESOLUTION NO. 24-30
PAGE 2 of 2
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ACKNOWLEDGMENTS
Mayor and City Council
Mayor - Chip Wilson
Vice Mayor - Robert Schroeder
Council Member - Tess Nesser
Council Member - Bambi Johnson
Council Member - Peter Heck
Council Member - Bryan Soller
Council Member - Darryl Cross
City Manager
Bryant Powell
Assistant City Manager
Matt Busby
Staff Committee
Eli Richardson
Rudy Esquivias
Emile Schmidt
Economic Development
Patrick Ainsworth
01
TABLE OF
CONTENTS
��° ������*��n���� ��
~~� Summary
02] Introduction &(}vervievv ............ ....... ....... ....... ....... ....... ....... ....... ....... ....... .......—'--' lO
022 History& legacy ofAJ ----------------------------- 12
023Ske Information 14
02/4 Project Approach — 16
025 Methodology...—...— ....... —....... —....... .......— ...... — ....... — ...... —....... .......---' 10
026V1sionStatement........................................................................................................... ......
20
027 MarheLAna lysis ----------- ........-- ........-- ........-- ........-- ........-- .........
22
02.8 The Vision ......... .....--_......-- ...... -- ...... —_......--_..... -- ..... -- .....--_-
24
03. Overview of Public Input
O3] Stakeholders — ... ............ ----.......—...... —...... ...... ...... —__ ......—.......—...... --_- 28
—
O3.2 Community Engagement Activity
03.2] Previous Efhorts----------------------------------- 38
03.2.2 Scale Cornparison—_ 32
03.2L3"This Not That ----------------------------------- 36
03.2.4SW[)T 38
O3.2L5 Voice from Community...... ...... —---...... ...... ..... ... — ...... ...... ..... ...— ..... 42
03.2.6 Heart&Soul of the Connrnunhy-- ........ —_---......--_--_-- ........--- 43
033Connrnunkv Feedback------------------------------------ 45
04 Current and Future Land Uses . ------------------------' 46
04] Current Land Use ...... ----_-- ....... ........................ ....... ........................ ........_ .....� 48
04.2 Future Land Use ----------------------------------- 50
04.3Conceptua| Site-- — 52
04.4"VVhat |f" Inspirational P|acernaking ........ ............. ............ ............ ............. ............ ... 54
045 Inspiration Plan Scenarios ........... — ..........— ........... -------------------' 58
05. Inventory of Private and Public Improvements ------------ 68
05] Public Improvements and Art Site Map .......................................... ..... ............................... 70
05.2 Inventory of Public and Private Developments Since2OlO................................................... 72
O53VVavfinding and Signages--- ... ....... -----------------...... ........ ... ...... 73
OS.4 Private Developments Since 2OlO............ ............... ..... ----- ................... ................� 75
06° Current and Future Infrastructure Improvements ... ............. .... ....- 78
06] Current Infrastructure Improvements ......----- .............— ...... .....----....... 80
06.2 Future Infrastructure Improvements....... .......... ................... ............ ............................. 81
07° Marketing Assessment and Recommendations -----------' 82
���� Implementation ��,�*�
~~~=° ��������K��8��������"��oons---- .....—..... --......— ..........--- 92
09° Recommendations and Strategies f«nUf"UUed from the ----- ...- 98
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EXECUTIVE
SUMMARY
02
8 Concentrated Downtown Master Plan Update 2024
0.2 EXECUTIVE SUMMARY
0.2 EXECUTIVE SUM MAPY
In the past three years, the City of Apache Junction completed and adopted the
2020-2050 General Plan and the Economic Development Strategic Plan, both
of which reference the need to update the downtown master plan, The latest
downtown plan, Downtown Peclevelopment and Implementation Strategy
("DPIS"), completed in 2010, set the stage for several initiatives, including
public projects, streetscape and wayfinding improvements, architectural
design standards, and more. The City completed a substantial number of
public projects and initiatives to advance this plan, including the construction
of Flatiron Community Park, the installation of streetscape and wayfinding
elements, enhancement to the medians along Apache Trail, 'improvements to
the foca I pol nt project at Apache Tra i I a nd North Apache Tra i 1, a nd the adoption
of architectural design guidelines. This document will build on the DPIS and
intertwine the wishes of the community with a market study to come up with
an attainable vision for Downtown Apache Junction".
Concentrated Downtown Master Plan Update 2024
0.2 EXECUTIVE SUM MAPY
02.1 INTRODUCTION& OVERVIEW
The update to the DRIS is only a partial update focusing on a 400 +/- acre study
area. This particular section of Apache Junction i's at a pivotal point, given the
development interest in the area, the desired balance of land uses to create a true
mixed-use downtown district, and the reality of thousands of travelers consistently
traversing -through the downtown on State Poute 88 to visit several attractions
north and east of the City. One critical aspect of this updated planning document,
is the desired focus on the "core" of the downtown, which is the area surrounded by
North Apache Trail, Idaho Road, and West Apache Trail.
Downtown Zones from the DRIS
10 Concentrated Downtown Master Plan Update 2024
.......
0.2 EXECUTIVE SUMMAPY
0.2 EXECUTIVE SUM MAPY
02.2 THE HISTORYAND LEGACY OF AJ
The City of Apache Junction has a rich history and
a unique legacy, tracing back to its origins as a
settlement near the intersection of the Apache
Trail and the original U.S.Poute 60.The location was
vital for transportation and served ass gatewayto
the scenic and storied Superstition Mountains, an
area steeped in legend and mystery. As the 20th
century progressed, Apache Junction evolved
from a modest stopover point into a growing
community that embraced a significant influx
of residents, drawn by the area's natural beauty,
affordable living, and opportunities for outdoor
recreation,
The continued development of this downtown
area, will not only support the local economy MESA
by generating jobs and opportunities for
entrepreneurs but also strengthen the social
fabric of the community. It will be a place where
people can connect, celebrate, and enjoyApache
Junction's rich historyand vibrantfuture,ensuring �'d
the city's legacy is preserved and cherished for
generations to come.
V�,
R
W
-----------------------------------------------------------------------------------------------------------------------------
12 Concentrated Downtown Master Plan Update 2024
0.2 EXECUTIVE SUM MAPY
A OPP"'
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s�jpersq ion Wilderness' r a
Gold Canyon
Community
Aunicipal Boundary
Municipal Planning Area
---------------------------------------------------------------------------------------------------------------------------------------------------—------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Concentrated Downtown Master Plan Update 2024 13
0.2 EXECUTIVE SUM MAPY
02.3 SITE INFORMATION
The City of Apache Junction is working with Swaback Architects and Planners
(SWABACK) to create an updatedvision and plan forthe downtown district, defined
by Idaho Road, N. Apache Trail, W, Apache Trail, and Old West Highway. Based on
the overwhelming interest from stakeholder interviews and community feedback,
Apache Junction's downtown master plan will focus on a 16-acre parcel within the
broader downtown site. This 16-acre core is strategically selected to serve as the
epicenter of future development, and is designed to become a vibrant, mixed-use
hub that will help anchor the downtown district.
There will be several elements that the consultant team will assess and update as
part of this plan, including:
* Helping determine the types of businesses and development projects for the
Downtown district based on a comprehensive market study
* Laying out future roadways and trails
* Identifying areas for potential art and place-making installations
* Making recommendations on certain infrastructure upgrades
* Recommending other specific items to help create a sense of place
The study area will remain the same to help with continuity between the DPIS
and the Concentrated Downtown Master Plan. This study area is referred to as the
Downtown Core and is shown in the corresponding photo,
14 Concentrated Downtown Master Plan Update 2024
0.2 EXECUTIVE SUM MAPY
Iv
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-4,
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The Study Area
Concentrated Downtown Master Plan Update 2024 15
0.2 EXECUTIVE SUM MAPY
02.4 PROJECTAPPROACH
The following six key components highlight the overarching approach to this
planning effort. Working closely with the City, the consultant team has organized
this overarching process in an effective and efficient manner that references
previous work and incorporates new ideas
1 Our team under-stands the significant efforts made to date by countless
indiviclualswho shared the goal of creating a vibrant.and sustainable downtown
for Apache Junction. We will "stand on the shoulders" of all the valuable work
done thus far. Often, in such situations, a consultant team would want to put
their t-nark on the plan and make it "their own". We will analyze past efforts,
re-affirm and refine the plan -to best meet the community's needs moving
forward.
2. Focus on an authentic brand and planning/design character that best reflects
the community's heritage and culture, This reinforces the notion of creatively
and appropriately building on the past relative to all potential uses and users,
3. Provide creative planning and design options that carefully consider the range
of influences, Including private property owners, stakeholders, City goals,
appropriate incentives, traffic and circulation, market factors, phasing, and
cost�
4, Coordinate with the City and Economic Development Department to consider
the functional econorT-flcs of the broader c10Wr)twNn area and then zero in on
the complementary demands that can be crystallized in the focused study
area. This area should be considered for mixed-use real estate scenarios,
S. Establish a consensus-bu i Id ing process that opens dialogue and
communication ar-nong all participants, It will be important to consider input
appropriately and illustrate the eventual outcomes based on a qualitative
evaluation process. Itis not good enough to listen to input. We must show
how we have considered the potentia I ly broad ra nge of i n put a nd how the
r-nost appropriate ideas and strategies are incorporated into a preferred
outcome.
& Based on the preferred strategies, we will work with the City to in-)plement
refined goals and policies that best represent the desired vision for the
Downtown, This will include analyzing the downtown's real estate economics
to understand the potential investment returns and likelycosts associated wil:h
various development/ redevelopment scenarios,
16 Concentrated Downtown Master Plan Update 2024
0.2 EXECUTIVE SUM MAPY
Aerial view of the Study Area
Concentrated Downtown Master Plan Update 2024 17
0.2 EXECUTIVE SUM MAPY
02.5METHODOLOGY
Wh i le the consu Ita nt tea m was prepa red to d ive i n a nd lavish sig n if ica nt resou rces
and attention on the effort, it was necessary first to establish the frarnework
process and bring the entire tearn tocrether in a kick--off coordination rneeting.
We have found these sessions very helpful to staff and City leadership. As part
of this initial session, we reviewed the contracted scope of services, associated
deliverables, agreed-upon schedule, and key meeting dates.This kick-off included
the development of a Vision Statement and key Project Principles. Memorializing
these components ensured everyone is on the same page.
We conducted a WVOT analysis and identified pro.ject precedents to help broaden
considerations. We hold bi-weekly meetings with the City's staff to ensure agre;ed-
upon progress throughout the planning process. This process will highlight
key relevant information, reports, plans, policies, laws, regulations, and utility
information. Again, all efforts looked to build on the previous work completed,
SWABACK also coordinated with the City to establish a Public Participation
Plan for all com m u n 1cation-related efforts, This effort included input from City
Council, City Departrnents, City Commissions, property owners, business owners,
and community stakeholders, All these efforts were planned and orchestrated in
collaboration with City staff.
Keys to the Public Participation Plan
* We wanted the development community and stakeholders to have clarity on
what we want to accomplish
* We wanted to understand better the community's interests and expectations
for the update and its outcome
* We wanted to understand the comrnunity's perceived priorities and flow this
may relate to the overall process and outcome
Identify the Public's Unique and Often Broad Perspective(s)
We needed to ensure we understood a broad cross-section of stakeholder opinions
and attitudes, We not onlywanted to garner input but also understand the context
of the input relative to the overall effort.
As part of this initial consideration, it was essential to identity the different types of
sta keholders a nd how best to leverage 1 n put f rom each perspective (1a ndo\/\/ners/
busi ness owners/potentla I developer pa rtners/tena nte/homeowners/corn m u n ity
leaders/ interested citizenry/ etc,),
We wor ked closely with the Econorn ic Developrnent Depa rtr-nent a nd City leaders
to understand the context of all feedback and gauge and measure the response
and 'input appropriately to help build consensus,
18 Concentrated Downtown Master Plan Update 2024
A...........
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0.2 EXECUTIVE SUM MAPY
02.6 VISION STATEMENTS
This vision is not original to this downtown study, and with slightly different
wording, it has been reflected over the last twenty years in Apache Junction's
downtown studies. However, it is also apparent that little actual change has
occurred from those prior studies. The emphasis of this plan is to develop a
strategy that is clear in direction, detailed in recommendations, and capable of
being implemented in small increments.
TO CREATE A DOWNTOWN THA]" SERVES AS A CENTRAL PLACE OR FOCAL POIN]"
OF THE COMMUNITY IDENTIFU BY RESUENTS AND VISITORS ALIKE AS T�-]E
FUNCTUNAL AND SYMBOLIC "HEART" OF THE CITY
The design of the Downtown District will reflect the heritage
of the Apache J u nction com im u In ity as it evolves i nto a 21st-
century citv. The revitalized Downtown will reflect various types
of development, architecture, and uses while reinforcing the
message of "Discover the West — Discover Apache Junction."
Source: "DOWNTOWN IMPLEMENTATION STPATEGY"
-------------------------
20 Concentrated Downtown Master Plan Update 2024
0.2 EXECUTIVE SUM MAPY
KEY PROJECT PRINCIPLES
Create DIVERSITY of housing densities
Promote BUSINESS districts
Expand Downtown DINING options
Create WALKABILITY
Create SUSTAINABILrry
Create "MAIN STPEET" experience
Create Business and Housing Type VAPIETY
Create GATHERING places
Create unique IDENTITY
GOALS AND OBJECTIVES
Organize the COPE into COMMEPCIAL, GOVEPNMENTAL,
EDUCATIONAL - the community's center.
Incorporate PEDESTPIAN FEATUPES and uniquely AJ DESIGN
ELEMENTS in buildings.
Explore opportunities to purchase land for PUBLIC-PPIVATE
development partnerships.
Develop a community and SPECIAL EVENT LOCATION within the
COPE.
Ensure new development is compatible with adjacent RESIDENTIAL
DEVELOPMENT.
Establish a design palate for buildings in line with the
COMMUNITY'S HEPITAGE.
Preserve key VIEW COPPIDOPS while respecting the Rights of
Adjacent Property Owners.
Source: "APACNE JUNCTION DOWNTOWN PEDEVELOPMENT AND IMPLEMENTATION
STPATEGY"
-----------------------------------------------------------------------
Concentrated Downtown Master Plan Update 2024 21
0.2 EXECUTIVE SUM MAPY
02.7MARKETANALYSIS
Scope of Work
A market analysi's was conducted by ESI Corp, an economic development
consultant agency, on the Apache Junction downtown core to cleterrnine
the nurnber of acres of commercial square footage and residential dwelling
units that can be supported over time.
1. The Real Estate Market Analysis focused on the following:
a) Obtained data f rorn the city of Apache Junction that included but not
limited to CoStar data, city sales tax collections, and historical building
permit data.
b) Gathered and reviewed business and demographic data for Apache
Junction and the defined Primary Trade Area (PTA).
c) Analyzed ApacheJunction trade leakage/capture for retail and food and
beverage expenditures,
d) Obtained plans for cornmercial real estate and multi-farnily projects in
Apache Junction from the city staff,
e) Prepared a market analysis on the PTA to determine the number of
cornmercial and office square footage that car) be supported and the
number of residential units needed through theyear 2040. Incorporate
population, employrnent, and housing projections frorn MAG into the
analysis,
f) Based on average floor-to-area ratios (FARs), ESI translated the
supportable square feet of space and dwelling units for the downtown
core into acres.
2. Development Scenarios
a) Applied the market dernand analysis findings and prepared land use
development scenarios for the downtown core, with various densities
of employment, residential, rnixed-use, open space, and public
infrastructure (roads, sidewalks, drainage).
b) Collaborated with SWABACK to apply scenarios for the core.
3.Prepared a written report summarizing the methodology and f indings
of the market analysis and development scenarios.
4. Participated in a series of working meetings.
22 Concentrated Downtown Master Plan Update 2024
0.2 EXECUTIVE SUM MAPY
Summary
Apache Junction has engaged SWABACK Lo create a concentrated
downtown master plan, ESI Corp conducted a market demand analysis to
forecast comr-nercial, office, and housing development within a defined
trade area through 2040. This analysis uses various data sources to assess
commercial and housing space demand, including CoStar real estate data,
TPT 2023 collection data, and MAG socioeconornic projections,
For commercial space, demand is based on projected household growth,
incorne levels, and employment in office and healthcare sectors. Housing
derna nd rol res on MAG's housi ng u n it projections a nd vaca ncy ratcs withi n
the city.A 200-acre pa rcel ea rma rked for development is adj usted to accou nt
for non-clevelopable land, and -two development scenarios are created to
allocate land for retail, office, r-nixed-Use, and rosidential purposos, with
acreage converted to square -footage using FAPs. These scenarios informed
the urban core aspiration plans that SWABACK developed, guiding future
growth and development in Apache Junction.
Concentrated Downtown Master Plan Update 2024 23
0.2 EXECUTIVE SUM MAPY
02.8 THE VISION
The vision is to create a vibrant downtown for Apache Junction that serves
as the functional and symbolic heart of the city. This "central place" will be a
dynamic hub where residents and visitors can gather, interact, and celebrate
the community's unique heritage as it evolves into a thriving 21st-century
setting. By honoring the rich history and incorporating modern amenities,
the vision suggests a mixed-use environment that includes residential,
commercial, and recreational spaces. Architectural diversity, thematic
consistency reflecting thespiritof the West,and a strong emphasison outdoor
activities will create a lively, visually appealing authentic environment.
Creating this downtown vision requires the active participation and input
of the community. We have been committed to a transparent and inclusive
planning process that engages residents, business owners, and stakeholders
ateverystage.Through collaborative efforts,we ensured thatthe updated plan
reflects the diverse voices and aspirations of Apache Junction. By embracing
the city's rich historywhile looking forward tofuture growth,the goal has been
to create a downtown that embodies the spirit of Apache Junction, serving as
a source of pride for the community and a destination for visitors.All together,
Apache Junction will build a vibrant and enduring heart for our city.
Great Mixed-use Main Street
---------------------------------------------------------------------------------- ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
24 Concentrated Downtown Master Plan Update 2024
0.2 EXECUTIVE SUM MAPY
-4
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MMN IT
Great Main Street with Mountain Views
......................................................................................................................... --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Concentrated Downtown Master Plan Update 2024 25
OVERVIEW OF
PUBLIC INPUT
03
26
0.3 Overview of Public Input
Concentrated Downtown Master Plan Update 2024
0.3 Overview of Pu bi ic I n put
Public input was a cornerstone of the planning process for the updated downtown
Plan. We recognizethatthe success of this project hinged on the active participation
and diverse perspectives of our community members. By engaging residents,
business owners, city officials, and other stakeholders, we were able to gather
valuable insights and feedback that shaped the development of a downtown that
truly reflects the needs and aspirations of Apache Junction.
Our approach to public input has been multi-faceted,ensuring we captured a broad
range of opinions and ideas. This included "open house" meetings, surveys, focus
groups, and "one on one" sessions designed to facilitate open and constructive
dialogue. We also worked with staff to leverage digital platforms and social media
to reach a wider audience and encourage ongoing participation. By fostering a
collaborative environment, we ensured that every voice was heard and that the
final plan for downtown ApacheJunction is a product of the community's collective
vision and wisdom.
Concentrated Downtown Master Plan Update 2024 27
0.3 Overview of Pu bi ic I n put
03.1 STAKEHOLDERS
Our approach to developing the, new downtown of Apache Junction was dee ply
rooted in collaboration with various stakeholders, including city departments,
local businesses, property owners, developers, community organizations, and
residents. We established strong partnerships through regularcomr-nunication
andjoint planning efforts,organizing coordination meetings,work sessions,and
an advisory staff cor-T-)miLtee to share insights, concerns, and innovative ideas,
By-fostering an environment of mutual respect and open dialogue,we ensured
that all perspectives were integrated into the development process. These
collaborative efforts enhanced the quality and relevance of the downtown plan
and built a sense of ownership and commitment arnonq all involved parties,
paving the way for a successful and sustainable transformation of Apac-he
Junction's downtown area,
Entities/Agencies Involved:
City Council
Planning and Zoning Commission
Public Arts Commission
Public Works Department
Development Services Department
Economic Development Department
Public Safety, Parks & Recreation Departments
Salt River Project ("SRPI
Various Internet Providers
Apache Junction Sewer District
Southwest Gas
Apache Junction Water District
Arizona Water Company
---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
28 Concentrated Downtown Master Plan Update 2024
0.3 Overview of Pu bi ic I n put
winery I"i e r
C n
concerl,'.'s ResJdemlts g I T I A.I. , � 9
dining place
di i
r0tc",-Ong post str*ct tile
downtown
d I estination place street res I taurants
theater community hotel bars �V"i' 'III"a,,. cgje (.'_".'ireen
main street
keep Authent *lc
hot& CommunItY art water itors
Coi,-�es�ve fashion upscale v1sl
FarT'i, ily Rin entertainment store hacienda
concert heritage courtyard adobe attract
friendly mi'H parking gilbert
outdoor
events Main street Verrado western reatil shol.,,)s
Interactive wi n,d rr,i 1,1 achievable
playground pedestriai,"i, 90"f'r"i g City Center
Mountain Views
to-go place destination
vg�pat
Down t own heritage a ff o r t-,11,a.b I e
9WIft Wey nrJuntan Superstition Mountain
achww"e, landscape
cv,mr,unfty Meater outdoor
M a '16 n Street
more parkin�,,,,,, nique catced main
� i� bowlill
reifaufarl,&
walkable ShOPS destination
work innovation
n6tic
Concentrated Downtown Master Plan Update 2024 29
0.3 Overview of Pu bi ic I n put
03.2.1 PREVIOUS EFFORTS
As part of the overall effort, SWABACK reviewed a series to historic
docurnents to ensure a clear understanding of previous efforts, As
stated, the goal was notto create a "new" plan, but to prepare updates
accordingly, This included a review, refinement, confirmation and/ or
expansion of previous efforts,
The following documents have been reviewed as part of the overall
effort:
* Economic Development Strategic Plan (2022)
* Apache Junction General Plan Update (2020)
* Apache Junction Active Transportation Plan (2019)
* FEMA Flood Risk Report (2016)
* Downtown Overlay District Design Guidelines (2011)
* Downtown Redevelopment and Implementation Strategy (2010)
* Bike Poute and Trail System Map (2021)
* Downtown Apache Junction Development Map (2023)
* Apache Junction Zoning Map (2023)
* Apache Junction Economic Development Map (2023) - Attachment
* General Plan Land Use Map (2020) (page 60 of 119 in the PDF)
30 Concentrated Downtown Master Plan Update 2024
0.3 Overview of Pu bi ic I n put
Apache
Junction
........... .......................
General Plan
2020-2050
pq,
qWW"" emommmT,
Concentrated Downtown Master Plan Update 2024 31
0.3 Overview of Pu bi ic I n put
03.2.2 SCALE COMPARISON
To ensure that the new downtown
of Apache Junction is functional and
visually appealing, a series of project
precedents fror-n sirnilar successful
downtown projects where used as
0
benchmarks for scale comparison.
We can draw valuable lessons on
appropr ate building heights, street
widths, and public space dimensions
by examining comparable downtown
areas. This comparative analysis
helped participants understand the
optimal scale and density needed to
c reate a vi bra nt,cohesive envi ron ment.
By integrating these insights into
-the planning process, the suggested
aspirational downtown plat-is are well-
scaled, practical, and aligned with the
com m u n ity's vision, ensu ri ng a centra I
hub that captures the spirit of Apache
Junction,
32 Concentrated Downtown Master Plan Update 2024
0.3 Overview of Pu bi ic I n put
................
ik-
..................
Study Area of Scale Comparison
Concentrated Downtown Master Plan Update 2024 33
0.3 Overview of Pu bl ic I n put
VERRADOAZ LADERA RANGH,GA
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FLAGSTAFFAZ CHERRYCREEK,CO
34 Concentrated Downtown Master Plan Update 2024
0.3 Overview of Pu bi ic I n put
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GILBERT, A Z BENTONILLE, AR
Concentrated Downtown Master Plan Update 2024 3S
0.3 Overview of Pu bi ic I n put
03.2.3 "'THIS NOT THAT"'
CM
To shape a thriving downtown
for Apache Junction, participants
carefulIv con-mared both
C=
exemplary and less successful
downtown projects to influence
our vision. By analyzing successful
exa rn p I es, best-Is r a ct i ces we re
identif led and effective strategies,
contributing to vibrant, functional
urban spaces proposed----such CM
as effective pedestrian layouts,
CM
engaging public spaces, and CIO*
balanced mixed-use developments.
Conversely, by examining less
successful examples, participants
lea rned f rom com rnon pitfa I Is a nd
challenges—like poor integration
of public spaces, inadequate
infrastructure, or mismatched
building scales—that have led to
underwheli-ning outcornes. This
cornparative approach allowed
us to clearly define what we want
to achieve, ensuring that the
downtown embodies the best
qualities of successful models, AIN
while avoiding the shortcomings of
less effective approaches. We will
create a downtown that meets the C=
con-ir-nunity's needs and aspirations
by ca ref U I ly I rn plernenti ng or R
avoiding elements frorn both
positive and negative precedents.
Blue Dots �N represents the votes
from the Community meeting
Uj
Cn
36 Concentrated Downtown Master Plan Update 2024
0.3 Overview of Pu bi ic I n put
affil,
Q
tie
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MCI
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S2
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act
LAJ
LAJ
mm
ak.......... .............
Concentrated Downtown Master Plan Update 2024 37
0.3 Overview of Pu bi ic I n put
03.2.4 SWOTANALYSIS
*. .........
AVAILABLE LAND FOR DEVELOPMENT 's
STRENGTHS
.......
...............
TRANSPORTATION ACCESS AZ-202,US-60 AND SR-24 INTERSTATE FREEWAYS WITHIN 1 HOUR DRIVE ESTABLISHED REDEVELOPMENT AREAS
ICONIC NATURE RESOURCES AND TOURIST ATTRACTIONS CANYONLAKE
. ..........
EXISTING ACTIVE CIVIC CENTER AFFORDABILITY
CENTRAL ARIZONA COLLEGE-APACHE JUNCTION CAMPUS AIR SERVICE
AWARD WINNING EVENTS ART FESTIVALS
EMBRACING WESTERN LIFESTYLE LOW VACANCY RATES
ABUTTING PROXIMITY TO STATE AND NATIONAL PARKS PARKS&TRAILS CONTINUALLY GROWING POPULATION EASY ACCESS FROM US-60
38 Concentrated Downtown Master Plan Update 2024
0.3 Overview of Pu bi ic I n put
WEAKNESSES
AGING POPULATION OUTDATEDINFRASTRUCTURE
DISTANCE FROM SKY HARBOR AIRPORT AND URBAN CORE AGING HOUSING WITH LIMITED VARIETY OF DENSITIES LACK OF MARKET IDENTITY
LACK OF HOTEL/RESORTS LIMITED PUBLIC TRANSPORTATION OPTIONS LACK OF MATURE LANDSCAPING MARKETING IS NOT WELL KNOWN
Concentrated Downtown Master Plan Update 2024 39
0.3 Overview of Pu bi ic I n put
REDEVELOPMENT PLAN
GROWING DEMAND FOR HOUSING LOCAL EVENTS
INCREASE COMMERCIAL
DOWNTOWN DEVELOPMENT PASSENGER ACTIVITY
SR 24 EXTENSION,U.S.60 CORRIDOR AND FUTURE 506 FURTHER INCREASE THE HOTEL DEMAND
ATTRACTIVENESS
GATEWAY TO MTNS,LAKES,OUTDOOR
RECREATION,HERITAGE AREAS
COMMERCIAL RETAIL GROWTH
NEW FLOOD CONTROL MEASURES UNDER CONSTRUCTION EDUCATION CENTER
GROWING REGIONAL EMPLOYERS UPDATE USES FOR DOWNTOWN CORE VACANT LOTS WITH HIGH POTENTIAL
"'m
LAND TO SUPPORT NEW MANUFACTURING vflk�wtv
'46; S
F
11,4142,I'm
g
ELECTRIC VEHICLE MANUFACTURING COMMERCIAL DEVELOPMENT PREMIERE GOLF CLUB REINVESTMENT STIMULATE ADJACENT PROPERTIES
mammommmm mmommolmomm mommmommmm 3901mm' ", Wmm
40 Concentrated Downtown Master Plan Update 2024
0.3 Overview of Pu bi ic I n put
IS
I-HREATS 111��
FIXED INCOME POPULATION BIG BOX SUBURBAN DEVELOPMENTS
VEHICULAR LANE PASSES THROUGH
COMPETITION FROM OTHER CITIES WITH BETTER
ACCESS AND SERVICES
FLOODING DURING MONSOON SEASON VACANT LOTS,LACK OF INVESTMENT
01
WEDDING INFRASTRUCTURI AND LIMITID HIGH SPIED INTIRNET AGING MOBILE HOME PARKS LIMITED COMMERCIAL 6 RETAIL LEVEL
',mmazomm
As part of the analytic aspects of the planning process, it was important to work
with the cor-r-Imunity to consider a variety of contextual conclitions that r-nay
impact future development, The range of conditions Included, "Strengths,
Weaknesses, Opportunities, and Threats". The pictorial exercise and analysis
provided the basis for discussion on a range of related topics that helped to
ren-)1 nd a I I pa rtIcI pa nts that f utu re pla n n I ng Is I m pasted by ma ny factors,
Concentrated Downtown Master Plan Update 2024 41
0.3 Overview of Pu bi ic: I n put
03.2.5 VOICE FROM THE COMMUNITY
A great amount of -feedback was documented and recorded throughout the
planning process. All this data was considered, prioritized and incorporated into
the overall planning effort. While not everyone's individual ideas were literally
incorporated into the preferred aspirational plans, SAWBACK was diligent in
framing those aspirations that represented the majority of respondents and
participants.
Meeting Notes with Council and Planning Commission members
Aspiration for a successful downtown for City of Apache Junction
* Creating a downtown can support community.
* Restaurants and Bars
* A Downtown has stuff to do
* A Downtown integrated with
its rich history
* A center piece of the city
* A place to eat and drink with
the family
* More entertainment and
destination for city
'Theater/concert
A gathering place
-Bring more "Body heat"to
Downtown area
COMfOUNITY CONCERNS,
W�-�erp w� "J, be"i"
W i I� t[-,,e r Is a e e,,,,-A r a n� o r� e,
Wl"iere 1,,; `,,+,,e
Is 1,1,,'�s
y
to �f_'\Y? 1"", so, W[�",al[ Will 11.-+,ien�, h"R
"Xist'ing C0r,1dk:,g,,)r-- ro,,,�,�A vvai W'11
chan,,1-1e s� o r,,,
"'A I 1c,c", ?
VN/�11 -,H�is gentrify ildlhe - Horse trails are crucial.
a We want the Downtown
update to be realistic and to
1),e E�W,3, r
-Port? scale, unique but not typical.
Wil' '+,,e b,_61c_fii,gs b(.,, t"Oofall to bloc_`k
@ Keep the old west characters,
create the jewel of the city.
- Utilize the view of the
Superstition Mountain
---------------------—-—------------------
42 Concentrated Downtown Master Plan Update 2024
0.3 Overview of Pu lal ic I n put
03.2.6 HEART&SOUL OF THE COMMUNITY
One key question that was asked of all participants, Where is the center-/ heart of
the downtown? The overwhelming response focUsed on the "triangular" parcel
betvveen N Apache Trail, Idaho Road and West Apache Trail (site of the old Grand
Hotel). This key -feedback helped to direct where the focus of our planning efforts
would be. In addition, this feedback aligned well with the fact that the City recently
purchased 10-acres of that core area,
""q4'
...........
--------------------------------------------------------------Dot Exercise P-es-u It-of-th-e-Com m_u nity Meeting.,_-----------------------------------------
Concentrated Downtown Master Plan Update 2024 43
0.3 Overview of Pu bi ic I n put
03.2.7 COMMUNITY FEEDBACK
Two robust and interactive
�4 open house" work sessions were
orchestrated for community
men,ibers. Over two hundred L
participants committed their tirne
to learn about the planning effort
and to provide their thoughts and
input. Each of these open house
sessions were carefully organized
with a series of "stations" that
focused on key topics associated
with the planning process. As
participants \/\/ent f rom one
station to the next, -they were
able to learn more about the
process, r-nethodology, key topics
and associated information, At
every step along the way, staff
and consultants had robust
discussions with community
members. Feedback was rioted
and the majority of comments were
incorporated into the aspirational
plans.
wil"
---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------—------------------------------------------------------------------------------------------------------------------------------------------------------
44 Concentrated Downtown Master Plan Update 2024
IV
.........
CURRENT & FUTURE LANDUSE
04
46
0.4 Current & Future Land Use
Concentrated Downtown Master Plan Update 2024
0.4 Current& Future Land Use
Land Use designations will continue to be the basis for all related municipal
planning and development within the downtown of Apache Junction, By
Arizona State Statute, all municipalities are required to update their General
Plan every decade. The General Plan is much more than simply a map with
a series of colors suggesting different kinds of uses, The General Plan is a
"living" document 'that articulates a range of policies, principles and goals
associated with several key planning elements includingl- land use, open space,
environmental, cost, water resources, transportation, etc,
For the purpose of this Concentrated Downtown Master Plan Update 2024,
our focus has beer) more geared tw/vard detailed site planning associated with
the "Triangle" parcel, Land use will continue to be a key aspect of all future
planning that occurs in Apache Junction.
Concentrated Downtown Master Plan Update 2024 47
0.4 Current& Future Land Use
04.1 CURRENT LAND USE
The accompanying exhibit represents the current "state" of land
use with 1 n the a rea of doxxntsANn Apache J u nction. The key to th Is
existing land use is the "downtown" rnixed-use" designation that
allows for a great degree of flexibility it-) and around the downtown
area. As the City continues to refine future development in and
M
10
-e, it will be important to continue 'to
around the downtown cot
align policies, goals and principles that best work for "mixed-use"
isi
10
development. In addition, although the current land use map 1
11,0,01
has separate designations identified for residential (darker brown,
yellow & grey), commercial (red) and public/ institutional (blue)
uses- the "mixed-use" land use category encourages all these
uses to be Integrated together in a more compact, walkable and
sustainable way.
IN
N =N,
"A
IS
10
DOWNTOWN
MIXED USE
COMMERCIAL
48 Concentrated Downtown Master Plan Update 2024
0.4 Current& Future Land Use
"WeV
101
a
"Ita
101 R
HIGH DENSITY RESIDENTIAL LOW DENSITY RESIDENTIAL
MEDIUM DENSITY RESIDENTIAL PUBLIC/INSTITUTIONAL
Concentrated Downtown Master Plan Update 2024 49
0.4 Current& Future Land Use
04.2 FUTURE LAND USE
The adjacent cliagrar-n provides a more detailed graphic sense
of the expectation for future land uses in and around the
downtown core. The "triangle heart" is envisioned as true mixed-
use development, This area is being considered for commercial
retail, cornmercial office, hospitality (hotel), recreation and other
specialty uses. Besides the adjacent comrnerdal spaces (mostly
existing \/\/ith some that need degrees of rehabilitation), the
other important land use will be residential. For any successful
downtown r��Ixed-use core to be successful, there must be
adjacent residential (rental and or ownership) that helps SUpport
the commercial activities,
DOWNTOWN
MIXED USE
COMMERCIAL
so Concentrated Downtown Master Plan Update 2024
0.4 Current& Future Land Use
70
0/
RONNIE, -9
STRATEGIC
RESIDENTIAL INFILL-
ENHANCED
COMMUNITYPARK--
FUTURE STRATEGIC
IMPROVEMENTS- RESIDENTIAL INFILL
—NEW CITY CENTER
MIXED-USE
ROBUST
COMMERCIAL
COMMERCIAL
IMPROVEMENTS
HIGH DENSITY RESIDENTIAL LOW DENSITY RESIDENTIAL
MEDIUM DENSITY RESIDENTIAL PUBLIC/INSTITUTIONAL
Concentrated Downtown Master Plan Update 2024 S1
0.4 Current& Future Land Use
04.3 KEY STUDYAREA
As noted fro rn the community input section of th is document,
most of the efforts have concentrated on the area highlighted cc
in red on the adjacent exhibit, This includes the 10-acre land
purchase the City has made, plus an additional 6-acres of
ot,
land along the southern boundary next to W Apache Trail
which is privately held. Together, this 16-acre parcel provides a
wonderfu I opportu n ity to develop the property a nd project as a
pu bl ic-private pa rtnersh i p". It wi I I be i m porta nt to ba la nce city
aspirationswith time-tesLed private sector, real-world econornic
dernand. Together, these -forces have the potential to set a new
trajectory for the "heart" of Apache Junction, A destination
oriented development that is authentic to the special history
of Apache Junction and one that brings people together to live,
work and play,
As part of the commUnity engagernent process, Section 04,4
on the following pages highlights a series of "place-making" ............. ........
exa m ples that com rnu nity mern bers hig In I ig h ted a nd identif led
Former�Basha's S�pace
as "what ifs" for Apache Junction.-.-- "What if "we could have,
* A great Main Street
* A new Village Green with Bandstand
* More specialty Outdoor Dining
Family Fun activities
* More unique Community Gathering
* Shaded Sidewalks for comfort
* More opportunities for Specialty Entertainment
* Pedestrian Trail System throughout downtown eee
* Bridle Path connecting to the downtown area ............
* Unique Nighttime Events ..............
* Frame one of a kind Mountain Views
* Celebrate Authenticity of Apache Junction
h,
Incorporate micro-retail spaces to embrace local
..........
entrepreneurs starting a business
CL
.........
S2 Concentrated Downtown Master Plan Update 2024
0.4 Current& Future Land Use
FUTURE RESIDENTIAL
,A>
Flatiron Park
"WRY
%
..........
0
FUTURE RESIDENTIAL
171
Ind"
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......................
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........
'91
"Go6dwill Plaza,, '4e 'i r v
Concentrated Downtown Master Plan Update 2024 53
0.4 Current& Future Land Use
04.4 "WHAT IF"INSPIRATIONAL PLACEMAKING
1, GREAT MAIN STREETS 3. OUTDOOR DINING
#1 A''
2.VILLAGE GREEN WITH BAND STAND 4,FAMILY FUN
4N,
'j,
54 Concentrated Downtown Master Plan Update 2024
0.4 Current& Future Land Use
5,COMMUNITY GATHERING
A',
6,SHADED SIDEWALK
------------------------------------------------------------ -----------------
Concentrated Downtown Master Plan Update 2024 SS
0.4 Current& Future Land Use
7. SPECIALTY ENTERTAINMENT 9.13RIDLE PATH
&PEDESTRIAN TRAIL SYSTEM 1O.NIGHT TIME EVENTS
56 Concentrated Downtown Master Plan Update 2024
0.4 Current& Future Land Use
11MOUNTAIN VIEWS
.......
......................... . ....
. ........
12.AUTHENTIC APACHE JUNCTION
10", 3",
Concentrated Downtown Master Plan Update 2024 57
0.4 Current& Future Land Use
04.5 INSPIRATION PLAN SCENARIOS
The -following series of planning and design scenarios for the 16-acres provides
the basis for consideration as the City moves ahead to lead the development of
this Is nd.These studies are not intencled to besolutions,but rather,"i nspi ratio ns",
based on all the input and feedback received f rom the cor-nn-wnity, All the plans
are organized in a manner that establishes a foundation for great place-making
with all the key components requested, In each case, these plans all suggest a
ne\N main street type roadwaythat connects North Apache Trail to Idaho Road.
In addition, the plans suggest; on-street parking, adjacent shaded sidewalks,
storef ront shopping, outdoor dining, village green, r-nix of uses, f rarred views of
surrounding mountains, a new hotel site, and convenient parking,
After listening to the cornmunity stakeholders, there is an ideal sett-ils to try
and develop the 16-acres in a cohesive manner such as Scenario #2. In or-der
for -this strategy to be successful, it will be critical for the City to coordinate
with the private property owner on the south 6-acres to ensure a cohesive
development plan. While Scenario #2 is desirable, other concept plans were
designed in a manner dependent on the outcome of development timing and
future ownership changes. The most successful outcome that meets all the
aspirations of development should balance typical convenient drive-through/
fast-food access (along W Apache Trail), with unique, one-of-a-kind, specialty,
destination oriented places and spaces in and around the middle of -the
property (complemented by the envisioned hotel to the north).
P
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----------------------------------------------------------------------- ----------------------------- ------------------------------
S8 Concentrated Downtown Master Plan Update 2024
0.4 Current& Future Land Use
One key aspect of all these inspiration plans is the importance of scale and
\x/alkability. Too ofter), towns and city's develop BIG master plans for large scale
41 urban" centers. These ambitious plans more often than not never make it to
the finish line, One comment that was rnade multiple tir-nes by community
members was the desire to "see something done". References were made to
past plans that never came to be and residents expressed sor-ne degree of
f rustration.
The City's proactive approach to purchasing these 10-acres and focusing this
area asthe future city center,aligns with the goal of"right-sizing"the downtown
a nd ensu ri ng that the pla n is rea I Istic a nd ach leva ble, The ma rket a na lysis a nd
der-nand study prepared as part of this report reinforces that desire. Many of
the examples of successful city centers that were shared with the community
illustrated small blocks and street fronts,
Vel", "IDT"!
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04 J-11
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------------------------------------ ------------------------------------------------------------------------ ---------------------------------------------- ------------------------------
Concentrated Downtown Master Plan Update 2024 59
0.4 Current& Future Land Use
04.5 INSPIRATION PLAN: SCENARIO I
FUTURE RESIDENTIAL
J
. ............
v, ..........
V
j
Flatiron Park
Treehouse Community
3
J,
It 11,
..... .I...
...........
Former Basha's Space
. .... avr
4
............
"Al
I APACK TPIA
'7""v",
4,
..........::
Ile
J,
4 V
A/
`G dwill Plaz
This is a concept plan and shall not be construed as approval of any entltlen-icnts
60 Concentrated Downtown Master Plan Update 2024
0.4 Current& Future Land Use
..........I
Mixed-use/Restaurant/Hotel 138,000 SO
Open Space 1.5 Acre
Parking Provided 630 spaces
Total Site Area 16.5 Acre
PARMA-WM 4,4AW.7
Wotel/Pestaurant�4 Stories-64.0oo Sqft 100 Keys
Parkin&150 Spaces
Open Space:0,7 Acre
46 94
PARMB-WWOREN tom T
/ev, \(s","Ir
FUTURE RESIDENTIAL
Mixed-use,.1/2 Stories-50,000 Sqft
4
Parking:250 Spaces
Open Spam 0A Acre
T�
FARM C-ABU= SAAW
3 Restaurants:I Story 24,000 Sqft
"h
Par��ing.230 Spaces
Open Spam 0.6 Acre
"01,
"y
1�5
7'1111
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Concentrated Downtown Master Plan Update 2024 61
0.4 Current& Future Land Use
04.5 INSPIRATIOIN,PLAN.- SCENARIO 2
—§J
FUTURE RESIDENTIAL
.............. - >
Flatiron Park
kl�
Treehouse Community
C
sv
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............... .. .....
..........
Forme sha's Space
A
4
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. ........ W APACK
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G6�dwill Plaza
Th is is a concept �Dlan an(J shall not bje constru�ecl as approval of any entitlerT)r-�,,rits
62 Concentrated Downtown Master Plan Update 2024
0.4 Current& Future Land Use
mWW
Mixed-use/Pestaurant/Hotef 140,000 Sqft
Open Space 3.8 Acre
Parking Provided 690 spaces
Total Site Area I&S Acre
Histel/Pestaurant.2 Stories-66.000 Sqft 140 Keys
Parking,210 Spaces*I-
J* Open Space-2,0 Acre
FUTURE RESIDENTIAL Mixed-use 1/2 Stories- so.000 SO
Parkin 300 spaces
Open tpace,-1,2 Acre
Restaurants.I Story-24,0m Sqft
,Tf,
Parking:180 Spaces
Open Space.0,6 Acre
$0,
Nw,
qu ...........
...... ......
f
Concentrated Downtown Master Plan Update 2024 63
0.4 Current& Future Land Use
04.5 INSPIRATION PLAN: SCENARIO 3
FUTURE RESIDENTIAL
L 2:,'t
.............
w
Flatiron Park
Treehouse Community
..........
4k;
Former Basha's Space
'48
0 ,
.... ....... k lkkk
.........
Goodwill Plaza
his is a concept plan and shall not bE� construed as-, approval of any entidernents
64 Concentrated Downtown Master Plan Update 2024
0.4 Current& Future Land Use
swum
Mixed-use/Hotel 161=0 Sqft
Open Space 3,6 Acre
ParWng Provided 710 spaces
Total Site Area 16.5 Acre
PmmA-NWAINKWWR Mcm
Hotell/Restaurant.-2 Stories-66�ow Sqft 4/--140 Keys
Parkint.210 Spaces
Open Space,�1,0 Acre
FUTURE RESIDENTIAL
. Mixed-use�1/2 Stories-41000 Sqft
. ParkisI&240 Spaces
. Open Spam 1.4 Acre
...........—-------
PWL C-WS WE WWAML U ACRE
. Mixed-use�12 Stories-%om Sqft,,t
41
. Parkin 260 Spaces
. Open tpace.1.2 Acre
cz
A
AA `17111i oi
4
RA
V
IN,
N�
Yw
a,
Concentrated Downtown Master Plan Update 2024 6S
0.4 Current& Future Land Use
04.5 INSPIRATION PLAN.- SCENARIO 4
FUTURE RESIDENTIAL
........
..........
V Flatiron Park
Treehouse Community
...........
"I �A, f
Arl N
..........
. .........
44
Former Basha's Space
04
A
"Y
W APACHfj
g,,jL
4
Wit
............
7"-
F
......... .....-
.... ........
..........
Goo,, will Plazall�l
This is a (-Or�C(D�Dt �Dlan and sl-iall not IDE� con,,truicd as approval of any entltlernc--�nts
66 Concentrated Downtown Master Plan Update 2024
0.4 Current& Future Land Use
gum
Mixed-usefflestaurant/Hotel 130,000 Sqft
Open Spate 1A Acre
Parking Provided 66o spaces
Total Site Area i6.s Acre
WMA-WXIA M OR 4.3 ACE
Hotel/Pestaurant:2 Stories-60=0 Sqft 135 Keys
Parkin&200 Spaces
Open Space.,0,8 Acre
5.7 WE
> FUTURE RESIDENTIAL
Mixed-use.1/2 Stori
eS-45,000 sqft./.
Parkin&230 Spaces*/.
Open Spate.to Atre
9 PURC U AME
Restaurants.I Story-24,000 Sqft
ea;
Parking:230 Spaces+/�
Open Spam 0.6 Acre+/-
AMM"ST"I
f4
it J
V,
I
a W-1 rx"
�o*f
'21 /1111� I I I"!—11A ,, I�',,
4
>
Concentrated Downtown Master Plan Update 2024 67
INVENTORY OF PRIVATE AND PUBLIC IMPROVEMENTS
05
68
0.5 Inventory of Private & Public Improvements
Concentrated Downtown Master Plan Update 2024
0.5 Inventory of Private & Public Improvements
It is important to note that the City's investments into planning reports such
as this is not simply to articulate goals, policies and procedures associated
with development, The truo goal Is to put In place recom mend ations for
i m provements tha t City leaders ca n "position" for i m plementation, both I n the
short-term and long-term, I hese ir-nprovements can take tir-ne and often be
incremental in nature, While this planning document is "concentrated" on
the downtown master plan, it is important to acknowledge and applaud those
aspects of implementation that are on-going. The following infon-nation is a
reminder of the significant improvements that have been made in and around
the downtown area. Such improvements will be considered within the context
of Lhese new recomr-nendations to build on progress made to date,
Concentrated Downtown Master Plan Update 2024 69
05 Inventory of Private & Public Improvements
05.1 PUBLIC IMPROVEMENTS &
ART COMMISSION SITE MAP
1. Apache Trail median improvements
2014-2025
2. Superstition Basin - 2024 IN
3. N. Apache Trail and Superstition Blvd.
roundabout installation
4. North Apache Trail road
improvements by city 2012
S. Plaza Dr road improvements by City
6. Idaho Pd improvements by city 2023
7. Thunderbird Dr improvements 2020
8. Old West Marketplace - offsite
improvements along Old West Hwy
and Idaho Pd; undergrounding of
overhead power I i nes 2018
9. SPP undergrounding of large
overhead transmission lines along
this segment; installation of a
regional retention basin on CAC
property behind the Connolly Plaza
10. Superstition Plaza stormwater
improvement
11. Flat Iron Park construction and
enhancements
12. Lost Dutchman Dog Park
13. New Fillberto's (SO W. Apache Trail)
14. CAC expansion (80S S. Idaho Poad)
15. AJ Apartments addition (230 N
Winchester Poad)
70 Concentrated Downtown Master Plan Update 2024
0.5 Inventory of Private & Public Improvements
A. Spread Love Mural
6iWz - ,
B. Floral Wall Mural
C. Dutchman Dog Park
D. Focal Point Monument
NEW
K. Lost Dutchman Legend
F. Kachina Statue
G. Javellina Metal Art
;&imp
H. Lost Dutchman Miner Statue
—------------—-—------------------- -----—-----
Concentrated Downtown Master Plan Update 2024 71
05 Inventory of Private & Public Improvements
05.2 INVENTORY OF PUBLIC AND PRIVATE DEVELOPMENTS
WITHIN THE STUDYAREA SINCE 2010
1 Apache Trail median improvements 2014-202S - enhanced drainage,
landscaping, and spots for art installation for streetscape improvements.
2. Superstition Basin 2024 - temporarily retain nearly 9.7 million gallons of
stormwater to reduce flood runoff flowing into the downtown area and
reduce the amount of sediment carried by flood runoff into downtown -
explore opportunities for enhanced public open space in the upper tiers
of the basin.
3. N. Apache Trail and Superstition Blvd. roundabout installation - 2018
ADOT- initiated safety project- reconstruct a 4S-degree intersection with
a major road and a state highway with extremely poor site visibility by
installing a roundabout- resulted in traffic moving through the improved
intersection more efficiently - opportunity for public art in the center of
the traffic circle.
4. North Apache Trail Poad improvements by City 2012 - using newly
developed Main Street cross-section, which includes on-street angled
parking, landscaping pockets for trees, and old-style streetlights.
S. Plaza Dr road i m provements by City - i m provements south of Su perstition
Blvd using newly developed Main Street cross-section, which includes
on-street angled parking, landscaping pockets for trees, and old-style
streetlights.
6. Idaho Pd improvements by City 2023 - from Superstition Blvd north to
beyond the boundaryof the study area, added curb and gutter,sidewalk in
areas where missing, striped bike lane, and pedestrian sidewalk between
AJ Public Library and Apache Junction Villas development.
7. Thunderbird Dr improvements 2020 - east side improved with curb,
gutter, and sidewalk as part of the Dutch Bros development.
8. Old West Marketplace - offsite improvements along Old West Hwy and
Idaho Pd; undergrounding of overhead power lines.
9. SPID undergrounding of large overhead transmission lines along this
segment; installation of a regional retention basin on CAC property
behind the Connolly Plaza.
10. Superstition Plaza storm water improvement,
11. Flat Iron Park construction and enhancements.
12. Lost Dutchman Dog Park.
13, New Filiberto's (50 W. Apache Trail)
14. CAC expansion (80S S. Idaho Poad).
IS. AJ Apartments addition (230 N Winchester Poad).
16. Apache Trail Floodplain Pestudy 2012 by Pinal County Flood Control District.
___-—--------------------------------- ------------------------------_------------___------------___---------------------------------- -------------------__--------------_-----------------_-—-----------
72 Concentrated Downtown Master Plan Update 2024
0.5 Inventory of Private & Public Improvements
05.3 WAYFINDING & SIGNAGE
A. (4'x8').- placed on northbound Idaho Poad approaching Old West Highway,
approximately 800 feet south of the intersection on CAC property. Sign to
be angled between 15-25 degrees to face northbound traff ic,
B,(3'x6'): placed on southbound North Apache Trail west side of road
opposite driveway entrance,
SIGNAGE A SIGNAGE B
C. Downtown wayfinding sign installations 2019.
D. SEC Superstition/Plaza stop sign w/ street name signs.
SIGNAGE C SIGNAGE D
Concentrated Downtown Master Plan Update 2024 73
05 Inventory of Private & Public Improvements
E. NEC Ida ho/Junction stop sign w/street name signs.
F. Westbound Old West Hwy approaching Plaza.
G. Southbound Plaza,
H.Northbound Idaho approaching Superstition.
...........
':oo
umv
"'3 ,
*�-0.6
0",
SIGNAGE E SIGNAGE F
SIGNAGE G SIGNAGE H
------------------------------------------------ --------------------------------------------
74 Concentrated Downtown Master Plan Update 2024
0.5 Inventory of Private & Public Improvements
05.4 THE PRIVATE DEVELOPMENT SINCE 2010
203 W Apache TrI - Popeyes
BUILDING
Type 3 Star Petai I Fast Food
Year Built, 2021
GLA 2,356 SF
Stories 1
Typical Floor 2,356 SF
LAND
Land Acres 0.89 AC-
Parcels 101-14-004C
505 W Apache TrI - Discount Tire
BUILDING
Type 3 Star Petall Auto Pepair
Year Built� Jul 2018
G LA 2,112 S F
milliLAND
Parcels 101-14-002E
35 S Idaho Rd Big 0 Tires
BUILDING
Type 3 Sta r Peta i I Freesta nd i ng
Teriancy Single
Year Built: 2019
G LA 6,144 S F
Stories 4
Typical Floor 6,144 SF
LAND
Land Acres 1,13 AC
Zoning COMMEPCIAL
Parcels 101-21-073
Concentrated Downtown Master Plan Update 2024 7S
O.S Inventory of Private & Public Improvements
95 S Idaho Rd - Old West Marketplace
BUILDING
Type 3 Star Pets I I Ste ref rent
Year Built Sep 2017
G LA 14,000 S F
Stories 1
Typical Floor 14,000 SF
Docks None
-uction Reinforced Concrete
Constr
LAND
Pa rce Is 101-21-072
150 E Old West Hwy - Fry's Markeplace
BUILDING
Type 3 Star Retail Supermarket
(Neighborhood Center)
Year Built: 2017
G LA 123,000 S F
Stories 1
Typical Floor 123,000 SF
Docks 5 ext
Construction Peinforced Concrete
180 E Old West Hwy - Wendy's
BUILDING
Type 3 Sta r Petail Fast Food
(Neighborhood Center)
Tenancy Single
Year Built 2017
G LA 2,612 S F
Stories 1
Typical Floor 2,612 SF
Construction Wood Frame
LAND
Land Acres 0.87 AC
Pa rce I s 101-21-07S
76 Concentrated Downtown Master Plan Update 2024
0.5 Inventory of Private & Public Improvements
220 E Old West Hwy
11 al
BUILDING
Petail Bank
Type 3 Stat
Tenancy Single
Year Built: Aug 2020
G LA 3,000 S F
Stories 1
3,000 SF
lypical Floot
LAND
Land Acres 0.81 AC
Parcels 101-21-076
165 S Idaho Rd - Panda Express
BUILDING
Type 3 Star Peta I I Fast Food
Tenancy Single
Year Built: Dec 2019
G LA 2,SOO S F
Stories 1
2,500 SF
Typical Floor
LAND
Land Acres 0.76 AC
Parcels 101-21-074
625 N Plaza Dr
BUILDING
Office
Type 3 Stai
Tenancy Single
Year Built 2010
P BA 34,846 S F
Stories 3
Typical Floor 11,615 SF
LAND
Land Acres '7,26 AC
Zoning N/A
Parcels 101-11-002M
Concentrated Downtown Master Plan Update 2024 77
CURRENT & FUTURE INFRASTRUCTURE IMPROVEMENTS
06
78
0.6 Current & Future Infrastructure Improvements
Concentrated Downtown Master Plan Update 2024
0.6 Current& Future Infrastructure Improvements
In order to attract private sector capital, It is always important for
municipalities to focus on inf rastructure irnprovements, While not always
the most "glar-norous" projects, iff rastructure is always at the top of rnind
for most developers as they consider making significant investments in
communities associated with new projects, Apache Junction continues to
focus on 1 nf rastructu re related i m provements i n a nd a rou nd the downtown
area in order to ensure services for the community, as well as reinforce the
notion that the downtown is "open for business" and eager to work with the
private sector on the right kinds of projects for the community, The following
pages highlight several current/ recent infrastructure improvements in and
around downtown Apache Junction as well as several future inf rastructure
projects that the City has identified,
Concentrated Downtown Master Plan Update 2024 79
0.6 Current& Future Infrastructure Improvements
06.1 CURRENT INFRASTRUCTURE IMPROVEMENTS
Apache Trail median improvements 2014-202S - enhanced drainage,
landscaping, and spots for art installation for streetscape ir-riprover-nents,
Ogg.............
........................
* Superstition Basin 2024 --- temporarily retain nearly 9,7 million gallons of
storr-nwater to reduce flood runoff flowing into the downtown area and
reduce the amount of sediment carried by flood runoff into downtown -
opportu n ity for pu bI ic open space I n u poor -tiers of the basi n.
",�g!"W"
* N. Apache Trail and Superstition Blvd, roundabout installation -2018 ADOT-
initiated safety project - reconstruct a 4S-degree intersection with a major
road and a state highway with extremely poor site visibility by installing a
roundabout - resulted in traffic moving through the improved intersection
more efficiently- opportunityfor public art in the center of the traffic circle.
* Plaza Dr improvements by City
.01 W"I"
80 Concentrated Downtown Master Plan Update 2024
0.6 Current& Future Infrastructure Improvements
* Flat Iron Park construction and enhancements - one of the components
of the Downtown Pevitalization Implementation Strategy (DPIS) was
creating a public space in the downtown area to attract visitors and
residents to the hub of local businesses.
* Lost Dutchman Dog Park
El' st""'m ,j I.
06.2 FUTURE INFRASTRUCTURE IMPROVEMENTS
* SPID undergrounding of large overhead transmission lines along this
segment; installation of a regional retention basin on CAC property behind
the Connolly Plaza.
M
60
* Upcoming AIDOT Highway Safety Improver-nent Prograr-n streetlight
installation safety pro-ject along Apache Trail and Superstition Blvd,
which will be advertised for construction later this calendar year, On
Apache Trail, streetlights are planned from PaloVercle Dreastto Phelps
Dr/North Apache Trail,
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Concentrated Downtown Master Plan Update 2024 81
MARKET ASSESSMENT &
RECOMMENDATIONS
07
82
0.7 Market Assessment & Recommendations
Concentrated Downtown Master Plan Update 2024
0.7 Market Assessment& Pecommenclations
While many munlcipa I itiesconduct a planning process that focuses on a vision,
design ideas, goals and policies; for this Concentrated Downtown Master Plan
Update, the City has also included a real estato market demand analysis and
associated recommendations for related uses. This "two-pronged" approach
provides an overarching vision for the downtown area that is both creative
and realistic (based on market forces), It's not enough to create a magnetic
vision for future development, it's important to "back up" that plan with
detailed research and data that quantifies market den-iand in order to confirm
forecasting for the range of potential uses (residential, hospitality, office, &
retail). "I""he following market analysis and associated recommendations aligns
with the inspiration scenarios for the downtown core of Apache Junction.
qet,,,','�� K
Apache Junction Trade Area
Concentrated Downtown Master Plan Update 2024 83
0.7 Market Assessment& Pecommenclations
07.1 OVERVIEWAND EXECUTIVE SUMMARY
Apache Junction retained theservices of SWABACK to prepare a con centrated
downtown master plan, The planning process incudes a land use market
assessment and the creation of a detailed downtown plan by SWABACK ESI
Corp was retained to provide the land use market analysis, which is used to
help guide future development, The land use r-narket analysis was completed
May 2024,
The analysis evaluates existing market conditions and forecasts additional
comr-nercial and office square feet and housing units through the year 2040,
These findings are, translated into acres of cor-nmercial, office, and residential
-that could be supported. Finally, two development scenarios are provided
which detail the range of development densityfrom low to high.
Thef indingsforthis real estate analysisare based on a detailed reviewof keydata
associated with g rowth models for the com m u n ity a nd reg ion, In addition, the
model considers existing real estate data, housing and commercial building
permits, socio economic projections, population and er-T-iployment growth, and
other related factors, The study considered a core 200-acre area in and around
the downtown, Within this core area, the real estate econornic forecasting
i-nodel considers "buildable lands" within the context of market demand for
the range of uses identified.
Based on these growth scenarios/projections, Apache Junction Will have
significant der-nand in all these sectors Lo more than accommodate strategic
development in and around the downtown, and especially within the 16-acre
parcel currently illustrated, The following series of charts and associated data
illustrates in detail the demand within the Apache Junction Trade Area,
When we consider these demands for the downtown core and within a 200
acre zone, residential densities could exceed 900 units and off ice/comr-nercial
space could exceed 475,000 square feet,
07.2 METHODOLOGYAND ASSUMPTIONS
A market demand rnodel is utilized to forecast commercial, off ice and housing
development for a defined Apache Junction trade area through the year 2040,
Fhe geographic boundaries of the trade area are defined by City staff and
include a larger geographic area than the municipal boundories.This is doneto
help understand land usesthe trade area can support and ultimately captured
in the downtown area, Avariety of assumptions and data are incorporated into
the model and include, but not limited to the following'.
84 Concentrated Downtown Master Plan Update 2024
0.7 Market Assessment& Pecommenclations
* CoStar real estate data (obtained by ApacheJunction staff fro rn GPEC)
* City of Apache Junction housing and commercial permit data
* MAG Socioeconomic Projections, June 2023 dataset
* Esn data- population, households, er-riployment summary, business
establishment data, household income and household spending patterns,
2023 dataset
* U.S. Census American Community Survey, 1-Year HOUsing Tenure and
Occupancy
Following details the approach and assumptions incorporated into the market
dernand analysis.
* Demand for commercial space is driven by spending, The analysis includes
projections for households and median household income for the defined trade
area. Included in -the dernand model is a percentage of income spent on retail
and food and beverage and retention of resident spending, Existing and under
construction square footage is subtracted frorn the overall clemand to identify net
new demand (residual clennand).
* Demandforoff ice space is based on am ployment projections in off iceand healthcare
prodLJCi�-)g jobs (excluding governr'nent) for the trade area,Average square feet per
em ployee is a ppi led to the n u rn ber of projected jobs to esti mate off ice dema nd.
Existi ng sq ua re feet a nd u nder construction sq u a re feet is su btracted f rom ove ra I I
der-nand to identify net new demand, Overall housing demand is based on MAG's
housing unit projections for Apache Junction r-nunicipal boundaries. Vacancy rate
is from the ACS ]-year estimate for Apache Junction, Projected units are net of
both the existing supply and units under construction (construction data provided
by Apache Junction).
* The 200 acre parcel is reduced by 30 percent to reflect net developable land, This
reduction represents land for roads, sidewalks, drainage, slope and open space,
Two distinct development scenarios have been created that show percentage of
land attributable -to commercial, office, mixed use and residential development.
Acres for cornr-nercial, office and mixed use are converted to square feet utilizing
floor to area ratios (FAPs) and residential is based on density per acre.
* The mixed use land category could include a variety of uses including commercial,
office, residential, eriLer�Lairir-ner��L/recreatior�, and hospitality. Findings of the two
scenarios will be utilized by SWABACK to generate inspirational plans for the
downtown master plan.
Concentrated Downtown Master Plan Update 2024 85
0.7 Market Assessment& Pecommenclations
07.3 MARKET DEMAND FINDINGS
Pesults of the analysis represent demand through the year 2040. In total,
ApacheJunction is projected to support an additional 1,066,660 square feet
of commercial space, 332,981 square feet of office, and 1S,637 residential
u n its. A portion of th is ca n be ca ptu red with i n down town Apache J u nction.
07.3.1 COMMERCIAL
When forecasting the demand for cor-nmercial space, household
projections and spending formulate the basis of the analysis. By the year
2040, Apache Junction is projected to have 4-0,629 resident households
and a population of 96,498 people.' Median household incorne is
estimated at $94,952 2 and retention of retail sales is 81.2 percent. New
den-)a nd is esti mated at 1.06 m i I I ion sq ua re feet.
Table 1—Apache Junction Trade Area Commercial Demand
.. .. .. .. .. ..
Households 40,629
Median Household Income 94,952
Percent of Income Spent on Retail 40.8%
Retail Sales Potential $1,572,738,689
Retail Sales Retention 81.24%
Sq. Ft. Demand from Trade Area Households 1,277,616,760
Sq. Ft. Market Demand (including frictional vacancy[l]) 3,545,738
Less Existing Supply 2,479,078
New Demand 1,066,660
1 MAG Sociodemographic Projections,June 2023
2 Utilizing an average inflation rate of 2.5%per annum.
86 Concentrated Downtown Master Plan Update 2024
0.7 Market Assessment& Pecommenclations
07.3.2 OFFICE
Off ice demand is based on employment growth within the office sectors (not
including governt--nent), Total er-T-iployr-nent xxithin the Apache Junction Trade
Area is projected to reach 20,861 by 2040, with 33 percent of the workforce
estimated to occupy off ice space. Ne\/\/ den-iand for off ice space is projected -to
reach 332,981 square feet.
Table 2—Apache Junction Trade Area Office Demand
Total Trade Area Employment 20,861
Percentage Occupying Office Space (non govt.) 32.99%
Total Employed in Office Space (non govt.) 4,295
Average Sq. Ft. per Employee 150
Sq. Ft. Office Demand (including frictional vacanCy2) 678,158
Less Existing Supply 345,177
New Demand 322,981
07.3.3 RESIDENTIAL
Housing demand for Apache Junction is based on housing Unit pro.i I ections
f rorn MAG and includes a vacancy rate of 14.OS percent.3 In 2040 the projected
nur-niser of housing units in Apache Junction is 38,750 and the forecasted
number of new housing units needed is44,194. Subtracting existing, permitted
and planned housing of 28,SS7 units, the net new demand by 2040 is another
15,637 housing units,
Table 3—Apache Junction Trade Area Housing Unit Demand
.. . ....... . ..
Total Housing Units 38,750
Vacancy Rate 14.05%
Projected Number of Housing Units Needed 44,194
Less Existing, Permitted and Planned Housing Supply (2023) 28,557
New Demand 15,637
'3ACS 2022 I-Y stimate and hehl constant throughazif th P d
ear L P anDlysis—
Concentrated Downtown Master Plan Update 2024 87
0.7 Market Assessment& Pecommenclations
07.4 LAND DEMAND
Findings of the market demand analysis are utilized -to inform the Apache
Junction Downtown Master Plan development scenarios,The acreage demand
'to accommodate employment and residential uses within the entire city by
the year 2040 is presented in Table 4. Empl(Dyn,ient uses have a lower and
upper bound Of development intensity based on a floor to area (FAP) ratio and
residential density per acre,The FAP for office and commercial and density per
acre for residential are applied to calculate acres, The number of acres needed
by 2040 range fror-n 2,623 at lower intensity developn-�ent to 1,999 at higher
intensity developr-rient. These findings provide guidance for square footage
and residential unit capture within downtown,
Table 4—Apache Junction Trade Area Additional Land Demand through 2040
Total Demand SF By 2040 FAR FAR
Retail (Sq. Ft.) 1,066,660 0.25 0.35
Office (Sq. Ft.) 332,981 0.38 0.55
Residential HLI's 15,637 --- ---
Acre Demand Acres Acres
Employment
Retail 98 70
Office 20 14
Total Acres 118 84
Residential
Low Density Residential 1,955 1,368
Medium Density Residential 456 391
High Density Residential 94 156
Total Acres 2,504 1,916
Grand Total Acres 2,623 1,999
88 Concentrated Downtown Master Plan Update 2024
0.7 Market Assessment& Pecommendations
07.5 DEVELOPMENT SCENARIOS
The findings of -the land use demand analysis (Table 4) are incorporated 'in
two development scenarios. These scenarios assume that the downtown will
capture a portion of the total square feet and housing unit dernand.
Approxir-nately 200 acres of the study area is potentially available for new or
redevelopment. When preparing development scenarios, 60 acres (30%) have
been set asidefor roads,sidewalks, drainage,slopes and open space leaving 140
acres for development, Two scenarios showcase "Suburban," and "Downtown
Developr-nent" developr-nent patterns, each with varying acreage of land use
by type. Both scenarios include residential, office, commercial and mixed use
development,
Mixed use development car) consist of all uses including office, commercial,
entertaii-ir-nent/recreation,hospitalityand residential development. If residential
is added to n')ixed use land category, the number of dwelling units by scenario
will be greater than what is noted in Table S, If additional acreage is added to
the downtown master plan, then the number of housing units and square feet
of employment space would increase but should adhere to the upper bounds
noted in Table 4,
Inspirational plans prepared by SWABACK detail the uses for the Apache
Junction Downtown Master Plan, As mentioned above, the mixed use land
category could incorporate restaurants, hotel, and other commercial uses,
Following is a surnmary of each development scenario, Table S presents the
detail analysis by land use for each scenario,
* Suburban Development - this land use scenario represents the least
dense development with 105 acres of residential development yielding 4-20
dwelling units, and 2S.2 acres of office and commercial and another 9.8
acresfor mixed use, which could be usedfor residential, office, cornmercial,
hospitality or entertainr-nent, Fetal square feet that could be accommodated
equals SOO,8S8 square feet of space,
* Downtown Development - under this development scenario, residential
density increases for a total of 78 acres generating 944 dwelling units, and
61 acres of employment land use producing 1,2 million square feet of space.
The mixed use category of 2S.3 acres could be built out as residential, office,
cornmercial, hospitality or entertainiment.
Concentrated Downtown Master Plan Update 2024 89
0.7 Market Assessment& Pecommenclations
Table 5-Downtown Master Plan Development Scenarios
M�ffi
Residential (low density) 75.0% 105 4 420
Employment: 18.0% 25.2
Office 9.1% 2.3 0.38 37,959
Commercial 90.9% 22.9 0.25 249,945
Mixed Use 7.0% 9.8 0.50 213,444
140.00 500,858 420
Roads,sidewalks, drainage,slope&open space 30% 60.00
Total Acres 200.00
Residential (medium density) 56.2% 78.68 12 -- 944
Employment: 25.7% 35.98
Office 42.0% 15.11 0.38 250,139 --
Commercial 58.0% 20.87 0.25 227,257
Mixed Use 18.1% 25.34 0.67 739,553 --
140.00 1,216,949 944
Roads,sidewalks, drainage,slope&open space 30% 60.00
Total Acres 200.00
These two development scenarios provide SWABACK with market based findings for use in
preparing a variety of inspirational plans that comprise the downtown master plan.
90 Concentrated Downtown Master Plan Update 2024
0.7 Market Assessment& Pecommenclations
07.6 REPORT CONSIDERATIONS AND LIMITING CONDITIONS
The market analysi's prepared by ESI Corporation is subJect to the following
considerations and limiting conditions. The analysis is based on data from
MAG, the City of Apache Junction, Esri, US Census, and GPEC. The following
general conditions apply-,
* It isour understanding thatthis marketstudy isforyour planning purposes.
Our report, not- its contents, nor any of our wor� were intended to be
included and, therefore, may not be referred to or cluoted in whole or in
part, in any registration stater-nent, prospectus, public filing, private offering
memorandum, loan agreement or other agreement or clOCUr-nent without
our prior written approval, which may require that we perform additional
procedures, norcan it be used for any pUrpose other than as expresslystated
in this report,
* Except as specifically stated to the contrary, this market assessment will
not give consideration to the following matters to the extent they exist- (i)
matters of a legal nature, inClUding issues of legal title and compliance with
federal, state and local laws and ordinances-, and (ii) environmental and
engineering issues, and the costs associated with their correction.
* The reported findings presented in this report will represent the considered
judgmentof ESI Corporation based on thefacts,analyses and methodologies
described in the report.
* All direct and indir-oct written infori-nation supplied by the client, its agents
and assigns, 'is assumed to be true, accurate and complete', additionally,
information identified as supplied or prepared by others is believed to be
reliable. However, no responsibility for the accuracy Of such Information is
assumed.
* This market assessment is intended to be read and Used as a \/\/hole and not
in parts.
* Our analyses are based on currently available inforrnation and third party
data, which is subject to uncertainty and variation, Accordingly, we do not
represent them as results that will be achieved. Some assurniotions will
not materialize, and unanticipated events and circumstances may occur;
therefore, the actual results achieved may vary f rom the estir-nated results.
Concentrated Downtown Master Plan Update 2024 91
IMPLEMENTATION
RECOMMENDATIONS
08
92
0.8 Implementation Recommendations
Concentrated Downtown Master Plan Update 2024
0.8 Implementation Pecommenclations
Pep resentativesfrom SWABACK and the City of Apache Junction received
a lot of-feedback f rorn a wide range of stakeholders, The good news is that
there was a lot of consensus on what folks would like to see in the Core
Downtown Zone. As such, many of the recommendations made below
weave the suggestions made throughout this process and help create a
vibrant mixed-use downtown. The list of recommendations below are in no
particular order.
Concentrated Downtown Master Plan Update 2024 93
0.8 Implementation Pecommenclations
Work with ADOT to enhance connection points along 3-5 Years
Idaho Road between Old West Highway and N. Apache
Tra i 1.
Have Public Works and Development Services staff work
closely with each developer/contractor to ensure any 0-2 Years
planned pathways are adequately designed for bicyclists,
peclestria ns a nd eq uestria n traff ic.
Ensure that hitching posts are tastefully added to new
commercial developments within the downtown area
that are adjacent to planned equestrian trails.
0 Consider consulting with local horse groups and 0-2 Years
advocates to ensure that equestrian improvements
are strategically placed.
Create unique western-themed crosswalk paint designs
to help visually connect the blocks in the downtown area.
Workwith the Apache Junction Arts Commission to adopt 3-5 Years
certain designs that then get improved on the street
system.
R'6'
N NMI
MI
• Take full advantage of existing development fee credits 3-5 Years
on the former Grand Hotel site to assist with attracting
desired uses.
• Continue utilizing the existing incentive districts such as
the established Redevelopment Areas to promote new 6-10 Years
business growth.
• Continue evaluating other designations to assist with the
growth of the downtown area such as establishing an 6-10 Years
Entertainment District, Infill Incentive District, and other
state-enabled zones or districts.
• Consider having new buildings achieve environmental
sustainability such as LEED Certification in orderto save on 3-5 Years
energy costs for businesses operating out of such spaces.
94 Concentrated Downtown Master Plan Update 2024
0.8 Implementation AecurnrnendatiVns
0.8 Implementation Pecommenclations
5,
• Be sure that art installed or improved in the downtown
area can beseenfrom adjacent public placesorthe public 0-2 Years
rights-of-way to add visual interest in the downtown
district.
• Promote 'call for artist' opportunities on as many
community platforms as possible to increase the number 0-2 Years
and quality of responses.
• Engage local artist groups in the event any art donations
made to the City are located in a high-impact area. Work
with the Apache Junction Arts Commission to help 3-5 Years
place any future donated artwork. Perhaps come up
with guidelines to accept any donated artwork such as
durability of materials and even themes.
• Work with local academic institutions to see if any class
projects could be created for an outdoor environment and 3-5 Years
donated for public display in the downtown area.
• Encourage as many art-based programs to take place in
the public spaceswithin the downtown districtto liven the
street and activate the local resident base (one example 0-2 Years
could be to 'Chalk Up The Town" and encourage families
to create chalk art on the downtown streets and sidewalks
in a secure setting).
• Encourage residential space on the periphery of the
downtown core to help create 'body heat' and increase the 6-10 Years
customer base of local businesses.
• Ensurethat an integrated development concept occurs on
the former Grand Hotel site, where the uses complement 3-5 Years
each other and work together to form and add to a
cohesive and interactive downtown.
• Capitalize on the opportunity to move patron parking
behind buildings, allowing buildings to be constructed 3-5 Years
much closer to street f rontages.
96 Concentrated Downtown Master Plan Update 2024
0.8 Implementation AecurnrnendatiVns
0,9 Recommendptions&,,$trategies,Futf itled
J� ,
at,6 2,0,,4
Concent�ated''Dov�htQwn,M, ster,Pk):h,,Upd , 2
Since the adoption of the 2010 Downtown Pevitalization Implementation
Strategy(DPIS),considerable progress has beer) made in implementing manyof
the key recommendations that have helped sha pc the growth and revitalization
of the downtown area. Proi.ects SLAch as streetscape improvements, enhanced
pedestrian inf restructure, and the promotion of mixed-use development have
significantly contributed to the vibrancy and accessibility of the downtown
core. These accornplishments reflect the strong foundation laid bythe original
DPIS, and this partial update recognizes the importance of continuing to
build upon that success, While many recommendations have been fulfilled,
some remain ongoing or need further update to adapt to current needs. It
is important to note that not all strategies from the 2010 DPIS are included
in this section, as some are specific to areas outside of the Downtown Core
Zone, This update focuses on continuing the efforts initiated bythe 2010 DPIS'
ensuring that these strategies evolve alongside the changing dynamics of the
downtown a rea wh 1 le ma I nta I n 1 ng the vision of creating a more vi bra nt, I iva ble,
and sustainable urban environment.
Concentrated Downtown Master Plan Update 2024 99
0.9 Pecommenclations&Strategies Fulfilled
0 9.1 UNIQUE IDENTITYIBRANDING
a) Include a consistent 'brand" in the promotion of the downtown.
Status: Ongoing
b) Consistency with the "brand" as reflected in different Downtown zones should be
encouraged.
Status: Ongoing
c) Funding should be set aside each year to promote the brand.
Status: Ongoing
d)Adopta logo and color palate consistentwith brand and applyto public improvements.
Status: Ongoing
e) Emphasize the brand in business recruitment and retention efforts as well as special
events.
Status: Ongoing
a) Gateways should be installed at key locations in the downtown.
Status: Ongoing
b) Specific improvements should be made to define the major entries into Apache
Junction.
Status: Ongoing
a) Develop a sign template that can be used for public roadway signs.
Status: Ongoil'ynig
b) Upgrade the existing signs along the roadways identifying city facilities.
Status: Ongoing
c) Erect new signs that identify federal, and county building locations.
Status: Ongoing
d) Install seasonal banners along Apache Trail that celebrate the history of Apache
Junction.
Status: Ongoing
e) Work with local major attractions on installing wayf incling signage.
Status: Ongoing
f) Provide secondary street signage to Downtown Apache Junction and to its "major
attractions".
Status: Ongoir,,ig
100 Concentrated Downtown Master Plan Update 2024
a) Establish a program to collect 'hard" data on winter visitor statistics.
Status: Cons'�der ,,,eactivating 0�is.,
b) Working with local businesses jointly promote or sponsor events and activities.
Status: Ongoing
c) Identify ways to attract horse owners and explore the construction of a trailhead.
Status: Ongoing - ,1,,efer to Acti,),,,,e —1, r�,,)r",,sportation Plan
d) Provide opportunities for stables adjacent to RV parks.
S t a t u s: 0 in g o i n,�P,;,
e) Focus advertising and media outreach on outdoor recreation.
Status: Ongoing
f) Provide a local events calendar of scheduled activities and events for residents and
visitors.
Status: Accomplished and Onging via VisitAJcorn.
09.2 THREE ZONE CONCEPT
a) Develop new Design Guidelines for each of three Downtown Zones.
Status: Accomplished in 2011
b) Allow non-conforming properties more latitude in redeveloping by modifying the
zoning code.
Status: Ongohrig
c) Modifythe General Plan to representthe downtown area as a mixed use designation.
Status: Accomplished - 2020 Genera� Man Update
d) Amend the zoning code to allow mixed uses by right in all zoning districts in the
downtown.
Status: Ongoirtc,.
e) Pevise the sign code to allow signs reflective of each district.
Status: Ongoinq
Concentrated Downtown Master Plan Update 2024 101
0.9 Pecommenclations&Strategies Fulfilled
09.3 APACHE TRAIL MEDIAN
a) The number of lanes on Apache Trail should remain as 6 lanes.
Status: Accomplished
b) The width of the center median on Apache Trail should remain intact and preserved.
Status: Accomplished
c) The medians from Meridian to Winchester should be enhanced to visual link the
three zones.
Status: Ongoing (alry'iost f inii,,��;'hed)
d) The median Improvements should include lighting, public art, signage, and
additional landscaping.
Status: Onqo�ng (new Arts Cor �,!,",,,,-iission forrned siinceapldoption of DR�S)
e) On-street bike lanes should be added along Apache Trail.
Status: Accomplished
a) The improvements on the median should be done systematically and in a phased
fashion.
Status: Ongopk',ig
b) Landscape center medians should be added on key adjacent streets.
Status: Ongoing
a) Provide striped crosswalks at signalized intersections and provide midpoint signals
in the medians.
Status: Ongoling
b) Signalize the Winchester-Old West Highway intersection.
Status: Accomplished
c) Assess connecting future trails into the Town Center.
Status: Ongoing
102 Concentrated Downtown Master Plan Update 2024
09.4 REVITIALIZATIONIECONOMIC VITALITY
a) Encourage commercial buildings to connect existing sewer lines through financial
incentives.
Status: Ongofir'�tq
b) Address the existing flood plain designation along the north side of Apache Trail.
Status: Ongoiing
a) Adopt design guidelines for Transition Area in order to achieve a more southwestern
image.
Status: Accomplishedin 2011
b) Sponsor a series of businesses development seminars to promote the area.
Status: Onqoiniq
c) Secure federal, state, or county monies for an ongoing facade matching grant
program.
Status: Ongoing
d) Identify key locations within the district to erect western features to support the
brand.
Status: Ongoing
e) Facilitate adjacent property owners working together to improve access.
Status: Ongoing
e) Provide free initial architectural design assistance to properties that are proposing
to remodel.
Status: Ongoir',ig
a) The zoning code should be revised to reflect the unique characteristics of each zone.
Status: Ongoirig
b) Allocate percent of new city sales tax from development outside downtown to DT.
Status:
a) Make personal contact with targeted businesses in adjacent communities.
Status: GPEC Contract Violation
b) Participate and make presentations to local civic groups on Downtown AJ.
Status: Ongoing
c) Establish an annual award given to most significant revitalization contribution.
Status: Consider reactivatin��,,
c) Consider forming a BID for enhanced services.
Status: Consider react ivati ri,9 U��'.�'is recorr)n er"'dation",
-- - --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Concentrated Downtown Master Plan Update 2024 103
0.9 Pecommenclations&Strategies Fulfilled
a) Work with local and regional agencies to coordinate and promote the downtown
a rea.
Status: On�,�,,,.Ioinfg;
b) Establish a community based organization with representatives from major tourist
attractions.
Status: Consider reacflvatinq this recorn,mend atio�
c) Consider dedicating a potion of the City of Apache Junction's Transient Lodging Tax
for tourism.
Status: Tot.,,,risr- rnarkelting bud5:
get has been established,
a) Allocate 1% of the construction cost of new public projects for art within downtown.
Status: Accomplished New Art Commission Formed and City Codes Updated
b) Pu bl ic a rt projects shou ld attem pt to select a rtists f rom the a rea.
Status: Ot"tgoing
c) Invite volunteers f rom the arts community to review new city public projects.
Status: Consider, Reactivatiniq "',+ ,t,�......
� �"S ',`;�L I El L E",9 Y
d) Involve students at CAC in a local downtown arts competition.
Status: Consider Reactivating this �`,,'Irlrategy
e) Work with the arts community to secure a building for a local retail outlet for local
artists.
Status: Corisider Reactivating t1,,,s Strategy
a) Program inf rastructure improvements(water,sewer,streets)to eliminate cleviancies
and enhance livability.
Status: Consider P"4vactivatintc. ti-tis Strategy
b) Provide safe, convenient pedestrian connections between neighborhoods and
downtown, particularly to Downtown Core.
Status: Orqioing
c) Establish occasional neighborhood Saturday clean-up events; with city staff
assistance and a picnic hosted by the city.
Status: Accomplished w�d o�,--igoMg
104 Concentrated Downtown Master Plan Update 2024
a) Develop programs to recruit specialty housing for unique groups such as students
from CAC, winter visitors, and seniors.
Status: Consider IP','teacflvatirtg tl-�,is Sl[,"rategy
b) Provide a density bonus for market-rate multiple-family housing that provides 10
per cent of its units as affordable.
Status: Zoning Code has beet') LlIzAatedfor rnore density
c) Pursue federal, state funding that provide assistance for high quality affordable
housing that meets design guidelines.
Status: Cok,isider IPeacflvatilng this St-ra",,I-egy
a) Establish a voluntary rental housing assistance program to aid relocation of
dislocated residents. (Complementary with 75b)
Status: Partial Upallate if',Ieeded
b) Conduct regular inspections of developments that have repeated code violations or
frequent police calls for service.
Status: Partial (.Jpdate Needed
c) Help property owners secure county, state or federal monies to upgrade existing
facilities, build new affordable housing.
Status: Partia� Update �,Ieeded
Concentrated Downtown Master Plan Update 2024 IOS
0.9 Pecommenclations&Strategies Fulfilled
09.5 DOWNTOWN CORE
a) Reinforce "Y" intersection as center of downtown to establish community identity.
Status: Accomplished - Constructed focal point
a) Approve a new downtown "Main Street" design as a pedestrian oriented street.
Status: Accomplished-Public Works developed a ""Main Street" design that was
used on S Plaza Dr south of Superstition and or,,,i North Apache Trail between Old
West Higttway and Idaho Rd along Flat Iron Park
b) Build new "Main Streets" in the core of downtown.
Status: Onqoiiirig
c) Improve existing streets as a "Main Street" in downtown core.
a�It,
Status: Partially
d) Incorporate the Elements of a Great Downtown into mandatory design guidelines.
Status: Consider St"rategy
e) Incorporate sustainable elements in the downtown as a requirement for new
development.
Status: Ongoing
a) Explore the purchase of land to connect Idaho and North Apache Trail.
Status: Ortgoing
b) Consider partnerships with the owners of the existing lands within the Town Center.
Status: Ongoin,�g
c) Work with the property owner of older shopping centers to improve commercial
viability.
Status: Ongoinf,;
d) Encourage owners of commercial properties to work together to create a new"Main
Street".
Status: Ongoing
a) Improve North Apache Trail as a "Main Street".
Status: Accomplished streetscape irr,,,proverT�ients con,,,structed
b) Consider the potential of acquiring the two four unit buildings along North Apache.
Status: Accomplished - F�at Irm-, Park constn,,,,�cted - took over Vnese parcels
c) Design the reconstruction of North Apache Trail as a facility that can accommodate
special events.
Status: Accomplished - Rat Irm"i Park constructed
106 Concentrated Downtown Master Plan Update 2024
a) High density housing should be concentrated along Idaho and along the North
Apache Trail.
Status: Ongoing
b) Lower density housing should be focused along Winchester north of the Old West
highway.
Status: Ongoing
c) Housing over 2 stories should be of varying heights especially if next to residential
areas.
Status: Oirogoing
09.6 SUPPORTING PRINCIPLES
a) Incorporate southwestern architecture as the primary design requirement.
Status: 0,ngoing
b) Connect all areas of the Downtown Core with shaded sidewalks w/new development.
zoning code.
Status: Ongoing
c) Select Street Furniture that reflects a southwestern image.
Status: Accom),plished 2020 Ger'iera� LJp',',',J"'ate
d) Install a continuous row of unique street lights along Apache Trail.
Status: Partia� Update Needed
e) Provide a variety of building heights in the Town Center to create the impression
buildings evolved over time.
Status: Partia� Update Needed
f) Create a sense of excitement by using color, lights, signs and banners, particularly
in Town Center.
Status: Oingoing
g) Enhance Focal Point by improving adjacent corners ( Welcome sign on NW corner).
Status: Accomplished - s�gn cc')nstructed at- specif ic- clorner
a) Roads
-I.Install roundabout at Superstition/Sl? 88.
Status: Accornplished - 2018
2.Restripe Apache Trail to create three 10-foot lanes with a 6-foot bike lane.
Status: Accomplished - 2-01,18
Concentrated Downtown Master Plan Update 2024 107
0.9 Pecommenclations&Strategies Fulfilled
3. Use landscaping curbs, or other device to protect pedestrians at driveways and
along major streets.
Status: Ongo"ing
4. Install curb and gutter and use straight tapered transitions for turn lanes/Apache
Tra i 1.
Status: Ongo,ing
S. With Town Center, consider trolley to connect CAC, neighborhoods with DT Core.
Status: Ornit Recommendation
6. Install landscaped median on Idaho Rd.
Status: Omit Pecornmendation
8. Require new development to build "Main Streets" at time of development.
Status: Omit Pecommendation
b) Traits
1. Connect the downtown to the larger community horse and bike trails system.
Status: See Active "I"ra tat ion P�ar,,. - Partiial 'L)pdalte 1,,Jee(,,,Jed
2. Install horse facilities in Town Center as terminus for community trail system.
Status: IRecommendation reactivated
3. Establish an equestrian/multipurpose trail head convenient to Downtown.
Status: See Active TM nsi,,)ortat',ion P�an - Par"Cial Update Needed
4. Develop a comprehensive Pedestrian Circulation Plan that connects 3 areas of
Downtown Core.
Status: S(,,,,,�e A0,Ave Plar,,, - Paril-'!'a� Ur:,)date Needed
S. Explore securing grant for "Park and Share" facility for carpooling and special event
parking.
Status: See Ac"�ll-ive 'T'�"ar,,ispo�,,�,,,,.,,a"-.io�,,f �[-)Ian - Parti-111'al L)pdal,",e Needed
c) Water and Sewer Service
1. Enlarge the water line to 12" on Apache Trail as part of its reconstruction.
Status: See 2023 W�,fter Study
2. Offer incentives for existing development to connect septic system to SMCFD #71.
Status: See 2023 Water Study
3. Work with property owners east of Idaho Rd. to gauge interest in improvement
district.
Status: See 2023 WatE�r Study
d) Flood Control
1. Conduct study to for handling drainage in Downtown and in flood zone.
Status: Ongoirig
2. Develop a comprehensive approach to storm water management.
Status: Ongoing
108 Concentrated Downtown Master Plan Update 2024
a) Preserve the view, if possible, of Superstition Mountains from the "Y".
Status: View co�riridor recomrr�,,endations modified.
b) Require a variety of building heights in large developments to ensure view corridors.
Status: Ongoing
c) Protect the Four Peaks view along N. Apache Trail with the "Main Street" design.
Status: View corridor r1ecor r�mendations r�r todified,
a) Work with Pinal county to acquire rodeo grounds.
Status: Accomplished - P�urd,'�,ased in� 2023
b) Incorporate Public Space into design and construction of N. Apache Trail.
Status: Partially Accomplished - streetscape and PUbHc space c,;or,�structed
c) Program this Public Space for live entertainment activities, such as weekend music
jamboree.
Status: Recomme;ridaflion reactivated
d) Work with region to attract and program special events in the Downtown (Day of
the Cowboy, etc.).
Status: Ongoing
e) Identify existing activities, such as Barleen's, that could be connected or attracted
to Downtown.
Status: Ontgol',ng
a) Explore the use of solar collectors to power decorative tree lights in the median and
right-of-way.
Status: Ongohr,.�g,
b) Consider alternative paving design that is porous for the on-street parking on "Main
Street".
Status: Ongoing
c) Promote the Downtown as a "Green City"as part of its 21st Century City image.
Status: Ongoing
a) Continue a proactive code enforcement program in the downtown focused on blight
and visual issues.
Status: Or,�goijt�,,g
b) Aggressively and proactively enforce the city codes regarding vacant buildings and
buildings in disrepair.
Status: Ongoing
c) Utilize volunteers, Community Service workers to do regular maintenance on city
-----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Concentrated Downtown Master Plan Update 2024 109
0.9 Pecommenclations&Strategies Fulfilled
property; low-income private properties.
Status: Ongoing
d) Establish a downtown "Spring Clean-up" in the fall of each year prior to the arrival
of winter visitors.
Status: Ongoing
e) When normal enforcement is not effective the city should use abatement procedures
to clean up properties, bill owners.
Status: Ongoing
09.7 IMPLEMENTATION AND MEASURING SUCCESS
a) Develop Capital Improvements Program to include Downtown projects.
Status: Ongoing
b) Develop an annual Work Program with an Implementation Matrix.
Status:
c) CityCouncil should adoptthe Downtown Annual Work Program as partof its budget
process.
Status: Ongoing
d) City should cooperate and develop strong alliances with existing downtown-
supporting organizations.
Status: Ongoing
a) Create staff Downtown Technical Committee with responsibility to implement
Annual Work Program.
Status: On�,;Iping
b) Assign a staff person as Downtown Coordinator.
Status: Ongoing
c) Assign additional staff support to augment the Downtown Coordinator.
Status: Ongoing
a) Amend Zoning Code to allow staff-level approval for small projects in Transition
Zone.
Status: 0ngo!,n,!,-.,1
b) Modify the Meridian Redevelopment Area boundaries to correspond with Project
Study boundaries.
Status: Ongoing
—----------- --------------------------
110 Concentrated Downtown Master Plan Update 2024
c) Amend Zoning Code to reflect three Downtown Zones.
Status: Ongoing
d) Develop Economic Development website focused on the Downtown to provide
information to the public.
Status: Ongoing
e) City Toolkit should be updated to reflect correct information.
Status: Ongoing
a) Establish a development project tracking system to document predictability for
applicant.
Status: Ongoling
b) Require staff comments prior to Preliminary Development Review meeting.
Status: Ongoing
c) Written comments should be given to applicant at beginning of PDR meeting.
Status: Ongoing
d) Appoint and train Planners to be Project Managers as single point of contact.
Status: Ongoing
e) Track development projects and time in the process.
Status: Oiirigoiinq
f) Prepare an ongoing report on the status of each project and permit on a bi-weekly
basis.
Status: Ongoing
g) Conduct semi-annual training program on customer service.
Status: Ongoing
h) Establish an ongoing customer feedback system for each application.
Status: 0trigoing
i) Revise the Inf ill Incentive District to reflect actual incentives.
Status: Ontqoin�g
a) Utilize CDBG and State Housing Trust Fund dollars to continue with the city's
housing rehab program.
Status: 0ng(,,,,4ng
b) Explore Relocation Assistance Program for change of use of existing substandard
mobile home parks.
Status: Ongoing
c) Focus TEA-21 transportation enhancement funding toward downtown revitalization
projects.
Status: Ongoirig
d) Direct city's annual allocation of CDBG funds toward the revitalization efforts of
Downtown.
Status: Ongoi,ng
Concentrated Downtown Master Plan Update 2024 Ill
7550 E. McDonald Drive,
Scottsdale, AZ 85251
2023
City of Apache Junction, Arizona 300 E Superstition
Boulevard
Agenda Item Cover Sheet Apache Junction,AZ
85119
Agenda Item No.6.
File ID: 24-896
Sponsor: Matt Busby Agenda Date: 11/5/2024
Index: In Control: City Council Meeting
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.
City of Apache Junction,Arizona Page 1 Printed on 1013112024
RESOLUTION NO. 24-33
A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY
OF' APACHE JUNCTION, ARIZONA, AUTHORIZING THE APPLICATION
FOR A CLEAN WATER STATE REVOLVING FUND LOAN FROM THE
WATER INFRASTRUCTURE FINANCE AUTHORITY OF ARIZONA; AND
DECLARING THE INTENTION OF THE CITY TO REIMBURSE CERTAIN
EXPENDITURES WITH THE PROCEEDS OF THE LOAN OR OTHER
SOURCE OF FINANCING
WHEREAS, the City of Apache Junction, Arizona (the "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
WHEPEAS, in accordance with State of Arizona ("Arizona" or
"State") law, the City may obligate certain excise taxes and State
shared revenues of the City as the source of repayment for a loan
from the Water Infrastructure Finance Authority of Arizona
("WIE'A"') ; and
WHEREAS, the City certifies that the population of the City
is less than 150, 000 persons as of the most recent United States
Census date; and
WHEREAS, it ds in the best interest of the City to pursue and
apply for Clean Water State Revolving Fund financial, assistance
from WIFA in an amount riot to exceed $10, 000, 000 for the Project;
and
WHEREAS, it is contemplated that certain expenditures inade by
the City with regard to the Project will be reimbursed from
proceeds of a loan from WIFA or other source of financing.
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 the City (collectively, the "Authorized City
Representatives"") are each hereby authorized 'to act, on behalf of
the City to apply for Clean Water State Revolving Fund financial
assistance from WIFA.
RESOLu,rION NO. 24-33
PAGE 1 OF 4
Section 2 . The Authorized City Representatives are hereby
directed to take such actions as are necessary -to applly for
financial assistance from WIFA -in an arriount not to exceed
$10, 000, 000, arid to identify that loan repayments will. be payable
from excise taxes and State shared revenues of the City.
Section 3.
(a) The following terms shall have the meanings assigned
thereto as follows :
"official intent" means a declaration of intent of the
City to reiniburse an original expenditure with proceeds of an
obligation;
N'original expenditure" means an expenditure for a
governmental purpose that is originally paid from a source other
than a reimbursement bond; and
,"reimbursement bond" means the portion of an issue of
obligations allocated to reimburse an original expenditure that
was paid before the issue date of such issue.
(b) This resolution is official intent relating to
reimbursement for the original expenditures for the Project which
are capital expenditures (being any cost of a type that is properly
chargeable to a capital account (or would be so chargeable with a
proper election) under general federal income tax principles) made
within sixty (60) calendar days before and any time after the date
of this resolution. The maximum principal amount of obligations
(including the reimbursement bonds for such purposes) to be is.qued
for the Project is expected not to exceed $10, 000, 000 .
(c) On the date of this resolution, the mayor and council of
the City have a reasonable expectation (being that a prudent person
in the same circumstances would have based on all the objective
facts and circurnstances) that the City wiil reimburse such original
expenditures with proceeds of such obligations. official, intents
have not been declared by the City as a matter of course or in
amounts substantially in excess of the amounts expected to be
necessary for such projects . Moreover, the City does not have a
pattern (other than in extraordinary circumstances) of failure to
reimburse actual original. expenditures covered by any official
intent.
RESOLUTION NO. 24-33
PAGE 2 OF 4
(d) With certain exceptions, an allocation in writing that
evidences use of proceeds of the reimbursement bonds to reirriburse
the original expenditures shall be made not later than eighteen
(18) months after the later of the date that the original
expenditure is paid or the date the project is placed in service
or abandoned, but in no event more than three ( 3) years after the
original expenditure is paid.
(e) This resolution shall be included as of the date hereof
in the publicly available official records of the City, such
records being maintained and supervised by the clerk of the City
in the main administrative office of the City, and shall remain
available for public inspection on a reasonable basis .
Section 4 . 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. rhe mayor
and COUncil of the 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 WIFA application or
reimbursement of' the Project 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 5. All actions of the officers and agents of the
City including the mayor and council of the City which conform to
the purposes and intent of this resolution and which further the
preparation, execution, delivery and submittal of the WIFA
application or reimbursement of the Project as contemplated by
this resolution, whether heretofore or hereafter taken, are hereby
ratified, confirmed and approved. The proper officers and agents
of the City are hereby authorized and directed to do all such acts
and things and to execute and deliver all, such documents on behalf
of the City as may be necessary to carry out the terms and intent
of this resolution.
RESOLUTION NO. 24-33
PAGE 3 OF 4
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:
RICHARD JOEL STERN
City Attorney
RESOLUTION NO. 24-33
PAGE 4 OF' 4
' 'PAC
Resolution for Clean Water State Revolving
Fund Loan
Purpose of the Resolution
* Need for Capital Improvements:
Address drainage issues and acquire necessary real property for
Weeke's Wash.
0 Funding Request:
Apply for up to $10 million from the Clean Water State Revolving
Fund via the Water Infrastructure Finance Authority of Arizona
(WIFA) Loan Application.
Loan Repayment Sources:
• Sources of Repayment:
• Excise (Sales) Taxes
• State Shared Revenues
• Loan Terms:
• Maximum amount $10 million
• Anticipated original expenditures eligible for reimbursement.
Authorized Representatives:
• City Manager
• Assistant City Manager
AM * Finance Director
0
Actions Required:
9 Submit application for financial assistance.
le Ensure compliance with state law for
reimbursement declarations.
Conclusion:
Pursuing this funding is in the best interest of the City
to support vital infrastructure improvements.
City of Apache Junction, Arizona 300 E Superstition
Boulevard
Agenda Item Cover Sheet Apache Junction,AZ
85119
Agenda Item No.7.
File ID: 24-897
Sponsor: Matt Busby Agenda Date: 11/5/2024
Index: In Control: City Council Meeting
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.
City of Apache Junction,Arizona Page 1 Printed on 1013112024
DATE: October 14, 2024
TO: Honorable Mayor and City CounciLmembers
THROUGH: Bryant Powell, City Manager
FROM: Doug Wirthgen, IT Director
SUBJECT: Intergovernmental Agreement with City of Mesa
The Cities of Apache Junction and Mesa own, operate, and purchase similar and
complementary information technology (IT) consisting of data, information, infrastructure,
equipment, hardware, and software. They must also continually secure related services to
install, operate, and maintain their IT infrastructure. Resolution 24-35 will authorize Apache
Junction to enter into a mutually beneficial agreement with the City of Mesa for the
cooperative use of Apache Junction and Mesa IT and related services to reduce operational
and capital costs for both municipalities.
The establishment of this agreement will positively impact public safety. By example,
Mesa currently supports Apache Junction's radio systems for Fire, Police, and Public Works
via Topaz Regional Wireless Cooperative (TRWC) using wireless technology. The new fiber
infrastructure in the City of Apache Junction, along with Maricopa Association of
Government's fiber donation to both cities, would enable TRWC to establish a fiber
connection for these departments and stabilize communications.
Staff respectfully recommends the Mayor and Council approve the resolution and
authorize this IT partnership.
RESOLUTION NO. 24-35
A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY
OF APACHE JUNCTION, ARIZONA, ("'APACHE JUNCTION")
AUTHORIZING APACHE JUNCTION TO ENTER INTO AN
INTERGOVERNMENTAL AGREEMENT FOR TECHNOLOGY AND RELATED
SERVICES WITH THE CITY OF MESA, ARIZONA ("MESA") .
WHEREAS, Mesa and Apache Junction own and operate
information technology ('"IT") to provide services and carry out
their respective missions, and
WHEREAS, Mesa and Apache Junction will continually
purchase IT and related services to install, operate and
maintain their IT infrastructure; and
WHEREAS, it is the intent of Mesa and Apache Junction to
cooperate with the use and purchase of IT and related services
to reduce operational and capital costs; and
WHEREAS, pursuant to A.R. S� § 11-952 (A) , public entities
may enter into intergovernmental agreements ('IGA") with other
municipalities and governmental entities (the "Parties") for
joint or cooperative activities; and
WHEREAS, both cities agree to the attached terms and
conditions set forth in the attached written agreement in the
form of an intergovernmental agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL
OF THE CITY OF APACHE JUNCTION ARIZONA, AS FOLLOWS:
1) The mayor and city council approve the form of the attached
and the mayor is hereby authorized to sign the agreement on
behalf of Apache Junction.
2) The Apache Junction city manager and/or his designee is
authorized and directed to take all steps necessary to
carry out the purpose and intent of this resolution and to
fulfill all the duties required under the agreement.
PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
APACHE JUNCTION, ARIZONA, THIS DAY OF
-, 20-.
RESOLUTION NO. 24-35
PAGE 1 OF 2
SIGNED AND ATTESTED TO THIS DAY OF
20-.
WALTER "CHIP" WILSON
Mayor
ATTEST:
JENNIFER PENA
City Clerk
APPROVED AS TO FORM:
9-3024
RICHARD J. STERN
City Attorney
RESOLUTION NO. 24-35
PAGE 2 OF 2
ATTACHMENT A
INTERGOVERNMENTAL AGREEMENT
BETWEEN
THE CITY OF MESA,ARIZONA
AND
THE CITY OF APACHE JUNCTION,ARIZONA
FOR
INFORMATION TECHNOLOGY AND RELATED SERVICES
THIS INTERGOVERNMENTAL AGREEMENT FOR TECHNOLOGY AND RELATED
SERVICES(the"IGA")is entered into by and between the City of Mesa,an Arizona municipal corporation
("Mesa"),and the City of Apache Junction,an Arizona municipal corporation CApache Junction"), Mesa
and Apache Junction may each be referred to in this IGA as a"Party,"or collectively as the"Parties."
RECITALS
A. Mesa and Apache Junction own and operate information technology consisting,in part,of
data and information, infrastructure and equipment, and hardware and software (collectively, "IT"), to
provide services and carry out their respective missions.
& Mesa and Apache Junction must continually purchase IT and related services to install,
operate,and maintain their IT infrastructure.
C� Mesa and Apache Junction wish to enter into an agreement for the cooperative use of City
and Apache Junction IT and purchase of IT and related services to reduce their operations and capital costs.
D. Mesa and Apache Junction are authorized to enter into intergovernmental agreements for
services or for the exercise of joint or common powers, pursuant to Arizona Revised Statutes § 11-95 1,et
Seq,
AGREEMENT
NOW, THEREFORE, in consideration of the promises, mutual covenants, and agreements
contained in the IGA,the Parties agree as follows:
Section 1. Term and Termination of Agreement
1.1 Term, The initial term of this IGA shall be for a period of ten(10)years beginning on the Effective
Date of 2024 and expiring on 2034("Initial Tenn"), unless terminated as
provided herein.
1.2 Extension, Unless a Party provides written notice to the other Party at least sixty (60) calendar
days prior to the expiration of the Initial Term of this IGA of its intent ILot to extend or renew,the IGA will
be automatically extended or renewed for an unlimited amount of ten(10) year terms("Renewal Term")
unless terminated as provided herein.
�00539219A)
1.3 Termination
1.11 Termination For Convenience. Either Party may terminate its participation in this IGA by
delivering written notice to the non-terminating party. Such termination shall be effective
on the date which is thirty (30) calendar days after receipt of such notice by the non-
terminating Party.
1.3.2 Non-ApSropriation. If either Party's performance under this IGA depends upon an
appropriation of funds by its respective governing body,and if any Party's governing body
fails to appropriate the funds necessary for performance, the affected Party may provide
written notice of this failure to the other Party and cancel this IGA. Such written notice
shall specify the effective date of cancellation.Each Party shall give the other Party no less
than one hundred twenty(120)calendar days notice of a Party's intent to cancel this IGA
for non-appropriation.
13.3 Conflict of Lnterest. This IGA shall be subject to cancellation for conflict of interest
pursuant to A.R.S. § 38-511.
1 A,I Upon termination of this IGA, each Party shall continue to own- (i) all IT that the Party
owned prior to this IGA and shared with the other Party during the term of this IGA; and
(h)all IT that was acquired pursuant to this IGA and any Supplemental Agreement.
1.42 Upon termination of this IGA, the Party that owns IT that is shared with the other Party
shall cooperate with and give adequate time for the other Party to acquire a suitable
replacement,remove any shared portion including system or application,and/or work with
the other Party to create and implement an action plan for the successful separation for the
IT that will no longer be available to it. During the post-terrinnation period,the Party that
owns the IT will allow the other Party to continue to use the IT as necessary to carry on its
operations and protect its stored electronic data.
Section 2. Collaboration on Acquisition and Use of IT and Related Services
2.1 This IGA authorizes the Parties to collaborate on the acquisition or use of IT or related services,
including the use of existing resources or jointly purchasing new resources,to the extent that each or both
have resources available to share.The Parties agree that they will explore and, if feasible, may acquire IT
and related services for subsequent IT activities. Such activities shall be confirmed in a writing signed by
both Parties.
2.2 The following are listed as examples only and are not intended to limit the potential IT or related
services contemplated by this IGA,
2.2,1 Cooperative purchasing of IT and related services.
112 Joint use of IT facilities and cooperative location of equipment.
123 Joint installation and use of connectivity and communications equipment, such as fiber
optic cable,
2.2A Cooperative or shared services such as maintenance of equipment.
�0053921911 2
2.2,5 Joint utilization of systems or applications.
2,2,6 Shared research and development of IT and its cost-efficient use.
227 Shared staff resources.
228 Cooperative or shared support including the potential creation of operating procedures.
2.3 The Parties understand that their authority to provide in-house services to each other or to share
resources is limited and that any joint or cooperative effort under this IGA must be for beneficial projects
that are within each Party's statutory authority and mission.That link also is critical to issues such as those
relating to employment and risk management.
Section 3. Supplemental Agreements
3�1 For each joint activity,the Parties will enter into a written Supplemental Agreement, which shall
be governed by and incorporate all terms and conditions of this IGA and use either Exhibit A— Service
Task Order,or Exhibit B—Shared Infrastructure Agreement,attached hereto.
3.2 Supplemental Agreements that will require expenditures by either Party will include a budget and
allocation of anticipated costs to the Parties. A Party shall not be obligated to pay costs in excess of its
anticipated allocation without its written approval.
33 Supplemental Agreements that contemplate acquisition of IT will specify which Party will own the
IT equipment during the term of this IGA and after termination of this IGA and whether a Party will be
entitled to financial compensation if,after contributing to the acquisition of IT,the Party will lose ownership
or use of the IT after termination of this IGA�
3A All Supplemental Agreements made pursuant hereto will specify the obligations of each Partyand
make reference to this Agreement. Depending on the nature of the obligations undertaken in a Supplemental
Agreement, the Supplemental Agreement may require approval of the Parties' respective City Councils.
15 If the Parties enter into a joint activity that involves access to confidential information, the
Supplement Agreement concerning such joint activity will contain provisions to protect confidential
information from disclosure or dissemination,except as required by state law or court order.
Section 4. Joint IT Activity Project Management and Records
4.1 h!gnaggm=. For each joint IT activity, the Parties will manage the project according to the
following procedures-
4.1�I Each Party shall designate one employee as the project leader. The project leader will be
responsible for compliance with all procedures for the project.
4�1.2 The employer of the project leader will act as fiscal agent for the project,
4.1.3 The project leaders shall work collaboratively to schedule periodic meetings to review
progress of the project and any other project matters with representatives of the Parties.
foos,191�19,1) 3
4.L4 The project leader shall secure approval from his or her respective employing Party,
including governing body approval(s), if necessary, for any expenditure in excess of the
budget and for cost that varies from the allocation of costs specified in any Supplemental
Agreement.
4�1.5 The project leaders shall work collaboratively to create and deliver to the Parties a periodic
report that tracks the proJect's performance and financial status of the prcject for both
Parties'use.The report should contain all relevant project information,such as the project's
scope,timeline,budget,including allocation of costs between the parties,and current status
of the project.
4.1�6 The project leaders shall work collaboratively to create and deliver to the Parties an annual
report summarizing the project,including a financial statement and expense report.
4.1.7 When the project has ended, the project leaders shall work collaboratively to create and
deliver a final report to the Parties for their approval, The final report shall include a
financial statement with a summary of allocated costs between the Parties and the
disposition of all IT equipment and other assets. The project will end when the Parties
indicate their approval of the final report.
4.2 Records, Each Party shall maintain accurate and complete accounting records and vouchers in
support of all invoicing to the other Party in accordance with generally accepted accounting principles as
applicable. Either Party, or its audit representatives, shall have the right, upon reasonable notice and at a
reasonable time,to inspect,copy,and audit the records, invoices,and their source documents.The records
shall be available for each Party's inspection and audit for a period of three years following the expiration,
termination,or cancellation of this IGA�
Section 5. Confidential Information
5.1 "Confidential Information"means any information,whether in written,graphic,machine readable,
or other tangible form,that is-(i)disclosed pursuant to this IGA by a Party("Delivering Party")to tire other
Party ("Receiving Party") and is marked "Confidential" ("Shared Confidential lnfarmafion"),� or (it)
electronic data stored by the Delivering Party pursuant to this IGA on a computer or other electronic
information storage device under the control of the Receiving Party ("Stored Confidential Information").
Stored Confidential Information includes all non-public personal information of any Party's employees,
students,or customers, including without limitation,names, addresses, social security numbers, telephone
numbers, financial profiles, credit card information, driver license numbers, student's records, or other
information identifiable to a specific individual.
5.2 The Receiving Party shall hold all Confidential Information, whether Shared Confidential
Information or Stored Confidential Information, received pursuant to this IGA in strict confidence. The
Receiving Party will make all reasonable efforts to maintain the Confidential Information as confidential,
The Receiving Party agrees to use at least the same degree of care to avoid unauthorized disclosure,use,or
publication of the Confidential Information as it uses with respect to its own confidential infort-nation.
53 The Delivering Party agrees to disclose to the Receiving Party only such Shared Confidential
Infortnation as is necessary for the Receiving Party to perform its obligations under this IGA.The Receiving
Party shall not use Shared Confidential Inforniation for any purpose other than fulfillment of its duties
under this IGA without the prior written consent of the Delivering Party. The Receiving Party shall limit
access to Shared Confidential Information to its employees who need to use the Shared Confidential
Information to carry out the duties required to perforrn the joint IT activity. The Receiving Party will
{00539219A) 4
promptly notify the Delivering Party whenever(i)the Receiving Party has reason to believe that any Shared
Confidential Information has been improperly accessed by a person without authorization from the
Delivering Party, and (ii) the Receiving Party receives a public record request or subpoena that seeks
disclosure of Shared Confidential Information.
5A The Receiving Party shall not disclose any Shared or Stored Confidential Information without the
prior written consent of the Delivering Party,except as required by a valid subpoena,public records request,
or court order. The Receiving Party will promptly notify the Delivering Party whenever-. (i)the Receiving
Party has reason to believe that any Stored Confidential Information has been improperly accessed by a
person without authorization from the Delivering Party,� or(ii)the Receiving Party receives a public record
request that seeks disclosure of Shared or Stored Confidential Information.
5.4.1 In the event that the Receiving Party determines it is legally required to disclose,pursuant
to law, any documents or information that is Shared Confidential Information or Stored
Confidential Information, the Party, to the extent possible, will provide the Delivering
Party with prompt written notice by registered or certified mail, facsimile, email, or other
methods that tracks delivery status of the requirement to disclose the information so the
Delivering Party may seek a protective order from a court having jurisdiction over the
matter or obtain other appropriate remedies. The notice will include a time period for the
Delivering Party to seek court-ordered protection or other legal remedies as deerned
appropriate by the Delivering Party, If the Delivering Party does not obtain such court-
ordered protection by the expiration of said time period, the Receiving Party may release
the information without further notice to the Delivering Party.
5�5 Return of Confi�ential Information. At any time requested during the term of the IGA or upon
termination of the IGA, the Parties shall cease using and will promptly return to the other Party all
Confidential Information, whether Shared Confidential Information or Stored Confidential Information,
and any copies of any Confidential Information which the Receiving Party has made.
5�6 OwnershiD of Confidential Information. Each Party shall retain all right, title, and interest in and
to its Shared Confidential Information and its Stored Confidential Information, No disclosure of Shared
Confidential Information or Stored Confidential Information shall be deemed to grant the other Party any
license or other intellectual property right.
Section 6. Indemnification and Insurance
6�i lnd!�mnification. Each Party (the "Indemnifying Party"), to the extent permitted by law, shalt
defend, indemnify, and hold harmless,jointly and severally, the other Party and each official, agent, or
employee thereof(any such person being referred to herein as an "Indemnified Party") than and against
any and all claims, losses, liability, costs or expenses, including reasonable attorney's fees, (hereinafter
referred to as "claims") for claims arising out of the IGA or any Supplemental Agreement which the
Indemnified Party may be subject to in law or equity. Where a claim is the result of the joint negligence,
misconduct,or non-performance under this IGA or a Supplemental Agreement by the Parties,each Party's
duty of indemnification will be in proportion to its allocable share of such joint negligence,misconduct,or
non-performance.
62 Insurance. Each Party, at its cost, shalt maintain comprehensive general liability insurance with
limits of not less than$3,000,000 per occurrence,insuring against all liability of that Party and its authorized
representatives arising out of and in connection with that party's use or occupancy of the facilities. That
insurance shall include coverage of the liability assumed under the indemnification provisions of this IGA.
If the policy is to be written with an annual aggregate limit, that limit shall be not less than $5,000,000.
(00539219A) 5
Comprehensive general liability shall name the other Party to this IGA as an additional insured,a copy of
which shall be provided at IGA execution and thereafter to the other Party upon request. All insurance
policies shall provide that the policies cannot be cancelled,not renewed,or limited in scope of coverage or
limits until and unless thirty(30)calendar days' prior notice is given to the other Party
63 _Self-Insurance. Notwithstanding the provisions of Section 6.2, the obligations of the Parties with
respect to the insurance specified in this Section 6 may be satisfied by the existence of a self-insurance
program containing the same coverage and elements specified hercin with respect to third party insurance.
6.4 Workerr':Isi�Com e�nsatioun. Each Party shall maintain worker's compensation insurance as required
by statute and employer's liability insurance in an amount not less than$1,000,000 per occurrence,which
may consist of self-insurance.
Section 7. Dispute Resolution
7.1 If the respective Parties' chief information officers are unable to resolve a dispute,they may refer
the dispute to the respective Parties' chief executive officers, or his or her designee. Disputes relating to
matters of the respective Parties' policies or procedures,or to the laws that govern,each Party,may require
that the dispute be referred to cacti Party's governing board,which may agree to submit the dispute to an
alternative dispute resolution process.If a Party believes that a dispute involves a default by the other Party
of this IGA or a disagreement involving the interpretation of a material provision of this IGA,the procedures
and remedies specified in the remainder of this Section 7 apply. In all cases of disputes or defaults under
this IGA,the Parties will first attempt to resolve differences, in good faith,among themselves.
71 Delhulc A default occurs under this IGA when a Party fails to perform a material provision of this
IGA or of a Supplemental Agreement.
7.3 Notice. If a Party fails to cure its default within 30 days following receipt of written notice from
the other Party,that Party shall be considered in default.
7.4 Default Procedures. On the default by a Party,the Parties may,with the approval of the process by
their governing boards,refer the matter to non-binding mediation.The initiation of non-binding mediation
shall not in any way impair the right of the non-defitulting party to file a claim under A.R.S� § 12-82 1.0 1,
and that statute shall be tolled for the period from the date of the approval of the governing boards to mediate
until the date that the mediation is complete. However, the non-r1cfaulting Party may institute litigation
without instituting mediation. In the event of any litigation instituted under this IGA, the Party that
substantially prevails in any such action (whether or not prosecuted to judgment) shall recover from the
other Party reasonable attorney's fees and court costs as determined by the court.
Section 8. Notices
8.1 Notices- All notices given,or to be given,by either Party shall be given in writing:(i)by registered
or certified mail,or(ii)overnight carrier(e.g. Federal Express), and shall be addressed to the Party at the
address hereinafter set forth, or at such other address as the Parties may designate by written notice, All
notices if sent by certified or registered mail shall be deemed received upon actual receipt or(3)business
days after deposit in the United States mail; if sent via overnight carrier,receipt shalt be deemed effective
(1)day after the sending thereof,Notices shall be addressed as follows.
(00539219A) 6
To Mesa: To Apache Junction:
Scott Conn Douglas Wirthgen
CIO IT Director
City of Mesa—DoIT 300 E. Superstition Blvd
City of Mesa Apache Junction,AZ 85119
P.O.Box 1466 ddwith rqn�d�a cliclunctionaz.gypy
Mesa,AZ 85211-1466 480-474-5147
scott.conn dmesaaz.,�ov
480-644-3449
Section 9. General Provisions
9,1 Compliance with Federal and State linnin!ration Laws. Each Party agrees to comply with the
Immigration Reform and Control Act of 1986 (IRCA) in performance under this IGA and to permit the
other Party or its agents to inspect personnel records to verify such compliance. The Parties shall ensure
and keep appropriate records to demonstrate that all employees have a legal right to live and work in the
United States.
9.Ll Under the provisions of A.R.S. §41-4401,each Party hereby warrants to the others that it
and each of its subcontractors ("Subcontractors") will comply with, and are contractually
obligated to comply with, all federal immigration laws and regulations that relate to their
employees and A,R.S. §23-214(A)(hereinafter"Contractor Immigration Warranty").
9.12 A breach of the Contractor Immigration Warranty shall constitute a material breach of this
IGA and shall subject the breaching party to penalties up to and including termination of
the breaching party's participation in this IGA at the sole discretion of the non-breaching
party.
9�1.3 Each Party retains the legal right to inspect the papers of the other Party or Subcontractor
employee who works on this IGA to ensure that the other Party or its Subcontractor is
complying with the Contractor Immigration Warranty.Each Party agrees to assist the other
Party in regard to any such inspections.
9�1.4 Either Party may, at its sole discretion, conduct random verification of tile employment
records of the other Party and any of Subcontractors to ensure compliance with Contractor
Immigration Warranty. Each Party agrees to assist the other Party in regard to any random
verification performed by completion of the Contractor Verification Form.
9A.5 Neither Party nor any of its Subcontractors shall be deemed to have materially breached
the Contractor Immigration Warranty if the Party or its Subcontractor establishes that it
has complied with the employment verification provisions prescribed by sections 274A
and 274B of the Federal Immigration and Nationality Act and the E-Verify requirements
prescribed by AKS. § 23-214, Subsection A.
9.2 Entire Aareement, Amendments. This IGA represents the entire agreement of the Parties with
respect to its subJect matter and shall supersede all prior negotiations,representations or agreements,either
(00539219A� 7
express or implied,oral or written. This IGA shall not be changed,modified,or rescinded,except through
a writing signed by both Parties.
9.3 Governum, Law. Forum. It is mutually understood and agreed that this IGA will be governed by
the laws of the State of Arizona,both as to interpretation and performance.Any action at law,suit in equity
or judicial proceeding for the enforcement of this IGA,or any provision thereof, will be instituted only in
the courts of the State of Arizona.
9.4 Headin0s Not Contwilina. Headings used in this IGA are intended for convenience or reference
only and shall not control or affect the meaning or construction of any provision of this IGA.
9.5 Severability. In the event any term or provision of this IGA is held to be invalid or unenforceable,
the validity of the other provisions shall not be affected,and the IGA shall be construed and enforced as if
it did not contain the particular term or provision that is deemed to be invalid or unenforceable.
9�6 N-ondiscrimination, The Parties agree to comply with all provisions of applicable federal, state,
and local laws related to nondiscrimination, equal employment opportunity, and the Americans with
Disabilities Act.
93 No Assignment. No Party shall assign or otherwise transfer this IGA or its rights or duties
g_
hereunder without the prior written consent of the other Party,Any such assignment or other transfer,either
voluntary or by operation of law,shall be void,
9�8 Before this IGA shall become effective and binding upon ',my Party, the
appropriate governing authorities of each Party must approve it, In the event that any such appropriate
authority fails or refuses to approve this IGA,this IGA shall be null and void with no effect whatsoever,
9.9 Survivin Provisions. The obligations under Section 6.1 (indemnification), Section 9.2 (Entire
S_
Agreement,Amendments),Section 9.3 (Governing Law,Forum), Section 9.4(Headings Not Controlling),
Section 9.5(Severability),this Section 9.9(Surviving Provisions),and any other Section,which reasonably
should survive,shall survive expiration or other termination of this IGA.
9.10 Force M-,jCcure. Any Party shall be excused for delay or failure to perform its obligations under
this IGA, in whole or in part, when and to the extent that such delay or failure is a result of causes beyond
the control and without the fault or negligence of the Party unable to perform. Such causes include,without
limitation, acts of God, acts of the public enemy, acts of the United States government, fires, floods,
epidemics,Federal or State of Arizona Executive Orders,quarantine restrictions,or embargoes.
9.11 jggal_Authority. The undersigned representative of each Party warrants and represents that they
are fully authorized by the Party they represent to execute this Agreement and to legally bind the Party to
the Agreement.Each Party represents that it has full legal authority to enter into this Agreement.Each Party
further acknowledges that it has read the Agreement,understands it,and agrees to be bound by it.
9.12 No Joint Obligations. No Party shall be liable for any debts, accounts, obligations, or other
liabilities whatsoever of another, including (without limitation) the other Party's obligations to withhold
Social Security and income taxes,or other benefit obligations for that Party's employees.
9,13 No Third-Partv Beneficiaries. Nothing in this IGA is intended to create duties, obligations to, or
rights in third parties not parties to this IGA�
[005�192mlj 8
9.14 Non-Waiver of R,-I--'-. There will be no waiver of any provision of the IGA unless approved in
writing and signed by the waiving party.Failure or delay to exercise any rights or remedies provided herein
or by law or in equity, or the acceptance of, or payment for, any services hereunder, will not release the
other party of any of the warranties or other obligations of the IGA and will not be deemed a waiver of any
such rights or rernedics.
9�15 EProbibited Acts, Each Party acknowledges the applicability of A.R.S. § 38-504 which prohibits a
person who, within the preceding twelve (12) months, is or was a public officer or employee of a public
entity from representing another person (including another public entity) before that public entity on any
matter for which the officer or employee was directly concerned and personally participated in during their
service or employment by a substantial and material exercise of administrative discretion, Further, while
employed by the public entity and for two(2)years thereafter,public officers or employees are prohibited
from disclosing or using,without appropriate authorization,any confidential information acquired by such
person in the course of his or her official duties at that public entity.
9,16 Counterparts. This IGA may be signed in counterparts, and the original signatures of both
authorized representatives and of their attorneys may appear on separate signature pages,
(SIGNATURES ON FOLLOWING PAGE)
(00539219,1 j 9
IN WITNESS WHEREOF, this intergovernmental agreement is executed as provided below.
City of Mesa,an Arizona municipal corporation
By: Date-
Christopher J. Brady
City Manager
ATTEST:
Date:
Holly Moseley
City Clerk
City of Apache Junction,an Arizona municipal corporation
By- Date:
Bryant Powell
City Manager
ATTEST.,
Date-
City Clerk
APPROVALAS TO-FORM
In accordance with A.R.S. § I I-952(D),this IGA for Information Technology and Related Services
between the City of Mesa and the City of Apache Junction has been reviewed by the undersigned attorney
who has determined that,as to his or her respective client only,it is in proper forni and is within the powers
and authority granted under the laws of the State of Arizona.
Date:
Mesa Deputy City Attorney
Date,
Richa�dJoel
Apache Junction City Attorney
t005392M I 1 10
EXHIBIT A
SERVICE TASK ORDER
This Service Task Order 91 to that certain Intergovernmental Agreement,between the City of Mesa
("Me4') and Apache Junction, ("Apache Junction"), dated as of-- —11, 1 2024 ("IGA"), is made
and entered into as of '1 20 . In accordance with the terms and conditions of the IGA, this
Task Order authorizes�C��rmance of the--Services described below.
I. Description of Services.
Professional Services, in support of the Parties as set forth in the attached Scope of
Work("SOW"),and incorporated herein by thi�-r`efereuce.
2, Performance Schedule,
From 20 to 520
1 Location(s)Where Services are Performed.
4� Background Security Check Required?
—Yes —No(if"No",access shall be escorted)
5. Materials andior Supplies Provided by
As set forth in SOW.
6. Billing Frequency.
- I Monthly ---Bi-weekly Other(upon successful completion of each phase)
T Task Order Fee-Fixed Fee.
Fee for equipment and materials: S-11-111-- as set forth in the SOW�
8. Authorized Expenscs,
The Task Order Fee, set forth in item 7 hereof, includes all costs associated with the Services under this
Task Order, including without limitation,expenses incurred during such work. Accordingly,neither party
shall be entitled to reimbursement for any expenses incurred as a result of the Services performed hereunder.
City of Mesa City of Apache Junction
an Arizona municipal corporation an Arizona municipal corporation
Christopher J, Brady Bryant Powell
City Manager City Manager
(005392M 1) I I
EXHIBIT B
SHARED INFRASTRUCTURE AGREEMENT
This Shared Infrastructure Agreement ("Agreement") is made and entered into as of
by and between the City of Mesa,an Arizona municipal corporation,("Mesa'),
and the City of Apache Junction, an Arizona municipal corporation ("Apache Junction")(collectively,the
"Parties"), pursuant to that certain Intergovernmental Agreement, between Mesa and Apache Junction,
dated as of 2024 ("IGA"), In accordance with the terms and conditions of the IGA, this
Agreement authorizes the sharing of information technology infrastructure as described below,
1. RESPONSIBILITIES ANDOBLI.GATIONS OF THE PARTIES.
I�1�The Parties agree tojointly utilize certain facilities located____as more particularly
described in Exhibit
1.2.Mesa hereby-
1 Z 1. Grants Apache Junction the use of for—commencing on and ending
1.2.2. Retains ownership of any and all portion of_,, ,, that it originally installed and paid
for. Nothing in this Shared Infrastructure Agreement shall be construed to convey
ownership of any portion of Mesa's to Apache Junction,
13. Apache Junction hereby�
1.3.1. Grants Mesa the use of for --.—commencing onand ending
1.3,2, Retains ownership of any and all portion of---" that it originally installed and paid
for. Nothing in this Shared Infrastructure Agreement shall be construed to convey
ownership of any portion of the Apache Junction's— I Ito Mesa.
t.4._AdditionaIDocuments. The Parties agree to execute any and all documents necessary to carry out
the purposes of this Shared Infrastructure Agreement, including but not limited to documents
evidencing the granting of casements providing construction access and the exchange of rights for
the installation and maintenance of- which is the su�ject of this Shared Infrastructure
Agreement, The Parties may crcat�—and�--agr"ee"upon procedures necessary to accompany this
Agreement to maximize operational effectiveness.
L5.Construction Access, All work on any Party's property shall be coordinated with that Party's staff
prior to the start of construction. Security access procedures will apply.
1.6,The terms and provisions of the IGA shall remain in full force and effect, which shalt survive the
execution of this Shared Infrastructure Agreement,
2. MANN.EROF FrNA.NCING AGRE.EMEN.T. Each Party to this Shared Infrastructure Agreement shall
have the separate and independent responsibility of budgeting for and funding its own participation in
this Shared Infrastructure Agreement,
3. PURATION AND—TERMINATION
3A.Duration of AgEpernent: This Shared Infrastructure Agreement shall be in effect upon execution
by all Parties to this Shared Infrastructure Agreement and shall continue for--- I or until
this Shared Infrastructure Agreement is terminated pursuant to this section 3, whichever occurs
first.
(00539219A)
3.2.i-erminationon Notice. Either Party may terminate its participation in this Shared Infrastructure
Agreement for any or no reason by providing at least one hundred twenty (120) calendar days
written notice to the non-terminating Party of the intention to terminate. Such termination shall be
effective one hundred twenty(120)calendar days after the date the termination notice is issued to
the other Party. Such termination shall not invalidate any executed easement that provides for the
long-term use of a Party's conduit system.
City of Mesa, City of Apache Junction
an Arizona municipal corporation air Arizona municipal corporation
Christopher J. Brady Bryant Powell
City Manager City Manager
In accordance with A.R.S. § 11-952, this Agreement has been reviewed by the -undersigned
attorneys who have determined that it is in proper form and within the power and authority granted under
the laws of the State of Arizona to the respective public entities they represent,
Mesa City Attorney Apache Junction City Attorney
Alfred J. Smith Richard J. Stern
Deputy City Attorney City Attorney
Dated- Dated:
(00539219A) 13
City of Apache Junction, Arizona 300 E Superstition
Boulevard
Agenda Item Cover Sheet Apache Junction,AZ
85119
Agenda Item No.8.
File ID: 24-900
Sponsor: Matt Busby Agenda Date: 11/5/2024
Index: In Control: City Council Meeting
Consideration of approval 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 0 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 Ciry.
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 applicaticgi 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 financdal assistance, shall adopt a
separate resolution In) approve tho terms and repayment
requirements, and any form of loan agreement to be entered into
between City arid GADP� Furthermore, for purposes of an application
for financial assistance from GADA, pursuant to this rEISOAtion
City confirms its intent to pledge State shared revenues in 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 raore detail hi a loan
agreement between City and GADA.
Section 5. If any section, paragraph, subdivision, sentence,
clause or johrase 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 Mch and Wery other section, paragraph,
subdivision, sentence, clause or phrase hereof and authorized the
execution Zand delivery o f 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
unenforceabie. All ordinances, resolutions ca: parts thereof,
inconsistent herewith, are hereby waived to the extent: r)nly 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 vand (,-,,ouncil 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 arid deliver all such docuntents 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 JUNC]"10N, ARIZONA, THIS DAY OF 2024 �
SIGNED AND ATTESTED TO THIS DAY OF 2024 .
--Z71 Ir 11-11 Z
WALTER ' CHIP WILSON
Mayor
ATTEST:
JENNIFER PENA
City Clerk
APPROVED AS TO FORM:
10-.31-24
RICHARD JOEL STERN
City Attorney
RESOLUTION NO. 24-38
PAGE 3 OF 3
City of Apache Junction, Arizona 300 E Superstition
Boulevard
Agenda Item Cover Sheet Apache Junction,AZ
85119
Agenda Item No.9.
File ID: 24-879
Sponsor:Yvette McKinney Agenda Date: 11/5/2024
Index: In Control: City Council Meeting
Proclamation designating Saturday, November 30, 2024, as"Small Business Saturday."
City of Apache Junction,Arizona Page 1 Printed on 1013112024
V I at F
rot am ton
SMALL BUSINESS SATURDAY
NOVEMBER 30, 2024
WHEREAS, the City of Apache Junction celebrates our local small businesses
and the contributions they make to our local economy and
community; according to the United States Small Business
Administration there are 32.5 million small businesses in the United
States; and
WHEREAS, small businesses employ 47% of the employees in the private sector
in the United States, 88% of U.S. consumers feel a personal
commitment to support small businesses in the wake of the
pandemic, and 92%of small business owners have changed the way
they do business to stay open during the pandemic; and
WHEREAS, 97% of Small Business SaturdayS shoppers recognize the impact
they can make by shopping small, 85% of them also encourage
friends and family to shop local small businesses; and
WHEREAS, advocacy groups as well as public and private organizations across
the country have endorsed the Saturday after Thanksgiving as Small
Business Saturday.
NOW, THEREFORE, 1, Walter"Chip" Wilson, Mayor of the City of Apache Junction,
Arizona, do hereby proclaim November 30, 2024, as
SMALL BUSINESS SATURDAY
Signed and attested to this day of November, 2024.
,I k 1 1
Walter"Chip" Wilson
Mayor
ATTEST:
City Clerk
<
City of Apache Junction, Arizona 300 E Superstition
Boulevard
Agenda Item Cover Sheet Apache Junction,AZ
85119
Agenda Item No. 10.
File ID: 24-880
Sponsor:Yvette McKinney Agenda Date: 11/5/2024
Index: In Control: City Council Meeting
Proclamation for"Recognition of Honorable Service to James Edwards."
City of Apache Junction,Arizona Page 1 Printed on 1013112024
Proclamattfon
IN RECOGNITION OF HONORABLE SERVICE
WHEREAS, James Edwards has dedicated the last 25 years of his life to this
community, and has demonstrated in many practical ways his deep
and genuine love for the city and community; and
WHEREAS, he has served the community with distinction as a cherished
volunteer with the Apache Junction Visitor Center, by demonstrating
his local knowledge and enthusiasm to tourists and visitors; and
WHEREAS, throughout his career of being an outstanding, conscientious and
trustworthy steward of our community, he has spent over 19,000
hours volunteering at the Visitor Center which has won him respect
and affection of his fellow volunteers; and
NOW,,THEREFORE, 1, Walter"Chip" Wilson, Mayor of the City of Apache Junction,
Arizona, and behalf of the entire City Council and all our citizens, do hereby tender to
James Edwards this certificate of public recognition, extending to him our deep
appreciation for his distinguished service, and our best wishes for continued success in all
his future endeavors.
Signed and attested to this D day of October, 2024.
�IV10'
10W
Walter"Chip"Wilson
Mayor
ATTEST:
U
Je f:tPena
City Clerk
City of Apache Junction, Arizona 300 E Superstition
Boulevard
Agenda Item Cover Sheet Apache Junction,AZ
85119
Agenda Item No. 11.
File ID: 24-886
Sponsor:Yvette McKinney Agenda Date: 11/5/2024
Index: In Control: City Council Meeting
Proclamation designating November 1, 2024, as "Extra Mile Day."
City of Apache Junction,Arizona Page 1 Printed on 1013112024
rot am Itton
EXTRA MILE DAY
NOVEMBER 1, 2024
WHEREAS, Apache Junction is a community which acknowledges that a special
vibrancy exists within the entire community when its individual
citizens collectively "go the extra mile" in personal effort,
volunteerism, and service; and
WHEREAS,, Apache Junction is a community which encourages its citizens to
maximize their personal contribution to the community by giving of
themselves wholeheartedly and with total effort, commitment, and
conviction to their individual ambitionsl family, friends, and
community; and
WHEREAS, Apache Junction is a conuminity which chooses to shine a light on
and celebrate individuals and organizations within its community
who"go the extra mile' in order to make a difference and lift up
fellow members of their community; and
WHEREAS, Apache Junction had 17,730 citywide volunteer hours for Fiscal
Year 2024; and
WHEREAS, Apache Junction acknowledges the mission of Extra Mile America
to create 550 Extra Mile cities in America and is proud to support
"Extra Mile Day" on November 1,2024.
NOW,THEREFORE., 1,Walter"Chip" Wilson, Mayor of the City of Apache Junction,
Arizona, do hereby proclaim November 1, 2024, as
EXTRA MILE DAY
Signed and attested to this day of October, 2024.
Walter"Chip" Wilson
Mayor
ATTEST:
jA
--ginnifer en '
A,
P
City Clerk
City of Apache Junction, Arizona 300 E Superstition
Boulevard
Agenda Item Cover Sheet Apache Junction,AZ
85119
Agenda Item No. 12.
File ID: 24-826
Sponsor: Chip Wilson Agenda Date: 11/5/2024
Index: In Control: City Council Meeting
Brief summary of intergovernmental updates from mayor and councilmembers.
City of Apache Junction,Arizona Page 1 Printed on 1013112024
City of Apache Junction, Arizona 300 E Superstition
Boulevard
Agenda Item Cover Sheet Apache Junction,AZ
85119
Agenda Item No. 13.
File ID: 24-831
Sponsor: Bryant Powell Agenda Date: 11/5/2024
Index: In Control: City Council Meeting
City Manager's Report.
City of Apache Junction,Arizona Page 1 Printed on 1013112024
City of Apache Junction, Arizona 300 E Superstition
Boulevard
Agenda Item Cover Sheet Apache Junction,AZ
85119
Agenda Item No. 14.
File ID: 24-836
Sponsor: Eli Richardson Agenda Date: 11/5/2024
Index: In Control: City Council Meeting
Announcement of Current Events.
City of Apache Junction,Arizona Page 1 Printed on 1013112024
City of Apache Junction, Arizona 300 E Superstition
Boulevard
Agenda Item Cover Sheet Apache Junction,AZ
85119
Agenda Item No. 15.
File ID: 24-873
Sponsor:Yvette McKinney Agenda Date: 11/5/2024
Index: In Control: City Council Meeting
Consideration of application for a new Series 6 Bar Liquor License for Rusty Buckle Saloon
located at 285 N.Apache Trail, Apache Junction, AZ. The next step in the process is for the
council to hold a public hearing on the application and make a recommendation of approval or
denial to the Arizona Department of Liquor License and Control.
City of Apache Junction,Arizona Page 1 Printed on 1013112024
CH
City of Apache Junction
1 0 Home of the Superstition Mountains
November 5, 2024
MEMORANDUM TO: HONORABLE MAYOR AND CITY COUNCIL
THROUGH: BRYANT POWELL, CITY MANAGER
FROM: EVIE MCKINNEY, DEPUTY CITY CLERK
SUBJECT: APPLICATION FOR A SERIES 6 BAR LIQUOR LICENSE FOR
RUSTY BUCKLE SALOON
An application for a Series 6 Bar Liquor License has been submitted by Agent Jared Michael
Repinski for the Rusty Buckle Saloon, located at 248 N. Apache Trail, Apache Junction, AZ
85120.
The Arizona Department of Liquor Licenses and Control received the application on October 1,
2024, and the Apache Junction City Clerk's Office received the application from them the same
day.
The applicant was notified by a first class letter and e-mail of the public hearing and was
encouraged to attend to address any questions council may have. A Notice of Public Hearing
was posted at the establishment on October 7, 2024, to comply with state law requirements.
Correspondence related to inspections of the premises for safety and code compliant matters
have been received from the Apache Junction Police Department, Building and Safety Division,
Planning and Zoning Department, and the Superstition Fire and Medical District. Development
Services departments stated the building is currently undergoing a properly permitted remodel
process and will be held to compliance requirements upon completion of this project.
All four entities find compliance with the inspection requirements and recommend approval.
Their responses are attached in Legistar for your review.
The city council may now make a recommendation of approval or denial to the Arizona State
Liquor Licenses and Control on this application. This recommendation must take place within
sixty (60) days of the filing of the application, therefore must be done by December 1, 2024.
300 E. Superstition Boulevard -Apache Junction,AZ 85119 - Ph: (480)474-5092
www.apache�junctionaz.gov
Redacted
State of Arizona
Department of Liquor Licenses and Control
Created 10/01/2024 @ 11:22-53 AM
Local Governing Body Report
F LICENSE
Number: 06110082 Type: 006 BAR
Natne* RUSTY BUCKLE SALOON
State: Pending
Issue Date: Expiration Date: 08/31/2025
Original Issue Date: 01/18/1980
Location: 285 N APACHE TRAIL
APACHE KNCTION,AZ 85120
USA
Mailing Address:
Phone: (480)899-2999
Alt.Phone:
Email: JREPINSK122@YAHOO�COM
Currently,this license has pending applications.
Name: JARED MICHAEL REPINSKI
Gender- Male
Coffespondence Address. PO BOX 6252
CHANDLER,AZ 85246
USA
Phone: (480)664-0389
Alt. Phone-
Email: JREPTNSK122@YAHOO�COM
OWNER
Name- RUSTY BUCKLE SALOON LLC
Contact Name: JARED MICHAEL REPINSKI
Type: LIMITED LIABILITY COMPANY
AS CC File Number. 23642366 State of Incorporation: AZ
Incorporation Date: 02/13/2024
Correspondence Address: PO BOX 6252
CHANDLER,AZ 85226
USA
Phone: (480)664-0389
Alt.Phone-
Email: JR.EPlNSK122@YAHOO�C0M
Officers/Stockholders
Name: Title: %Interest-,
EEM LLC Member 15.00
Page I of 5
27 CAPITOL TRUST Manager-LLC 15.00
DICKENSON FMATLY TRUST Member 11.67
WOLFESDEN HOLDINGS LLC Member 11 ffl
450 APACHE LLC Member 11,66
RUSTY BUCKLE SALOON LLC - Member
Narne: EEM LLC
Contact Name: CAMILA ALARCON
Type: LIMITED LIABILITY COMPANY
AZ CC File Number: A2003931 State of Incorporation: AZ
Incorporation Date. 07/02/2019
Correspondence Address: 2 N CENTRAL AVENUE
15TH FLOOR
PHOENIX,AZ 95004
USA
Phone: (602)256-4417
Alt.Phone:
Email: CALARCON@GBLAW-COM
WOLFESDEN HOLDINGS LLC Trustee
Name: DAVID CHARLES WOLF
Gender: Male
Correspondence Address* RD BOX 6252
CHANDLER,AZ 85226
USA
Phone: (480)283-4346
Alt.Phone:
Email: DAVIDCWOLF@COX.NET
RUSTY BUCKLE SALOON LLC -Member
Name: 450 APACHE LLC
Contact Name. JARED MICHAEL REPINSKI
Type: LIMITED LIABILITY COMPANY
AZ CC File Number. State of Incorporatiow AZ
incorporation Date:
Correspondence Address: PO BOX 6252
CHANDLER,AZ 85226
USA
Phone: (480)664-0389
Alt.Phone:
Email: JREPINSK122@YAH00-COM
Page 2 of 5
RUSTY BUCKLE SALOON LLC -Member
Name: WOLFESDEN HOLDINGS LLC
Contact Name: JARED MIACHEAL REPINSKI
Type: LIMITED LIABILITY COMPANY
AZ CC File Number: State of Incorporation: AZ
Incorporation Date:
Correspondence Address- PO BOX 6252
CHANDLER,AZ 85226
USA
Phone: (480)664-0389
Alt.Phone:
Email: JREPINSK122@GMAIL,COM
EEM LLC -MEMBER
Name: THOMAS VINCENT MISITANO
Gender. Male
Correspondence Address: I E BOSTON STREET
CHANDLER,AZ 85225
USA
Phone: (480)232-5200
Alt,Phone:
Email: MISITANO.THOMAS@AZ.SYSCO.COM
RUSTY BUCKLE SALOON LLC -Manager-LLC
Name: 27 CAPITOL TRUST
Contact Name: JARED MICHAEL REPINSKI
Type: TRUST
AZ CC File Number State of Incorporation:
Incorporation Date:
Correspondence Address: PO BOX 6252
CHANDLER,AZ 85246
USA
Phone: (480)664-0389
Alt.Phone:
Email: JREPINSKn2@YAHOO.COM
450 APACHE LLC -Member
Name: PATRCIK MICHAEL MURPHY
Gender: Male
Correspondence Address: PO BOX 6252
CHANDLER,AZ 85226
USA
Phone: (815)703-3141
Ak Phone:
Email: PATPJCK@MRGPROBING.COM
Page 3 of 5
RUSTY BUCKLE SALOON LLC- Member
Name: DICKENSON FMAILY TRUST
Contact Name: JARED MICHAEL REPINSNKI
Type: TRUST
AZ CC File Number: State of Incorporation: AZ
Incorporation Date:
Correspondence Address: PO BOX 6252
CHANDLER,AZ 85226
USA
Phone: (480)664-0389
Alt,Phone:
Email: JR.EPINSK122@YAHOO.COM
DICKENSON FMAILY TRUST -Trustee
Name: GREGORY GEORGE DICKSON
Gender: Male
Correspondence Address: PO BOX 6252
CHANDLER,AZ 85226
USA
Phone* (602)904-1314
Alt.Phone:
Email: DICKSONAZ@COXNET
27 CAPITOL TRUST-Trustee
Name: MICHAEL DAVID MYERS
Gender: Male
Correspondence Address: PO BOX 6252
CHANDLER,AZ 85246
USA
Phone: (480)899-2999
AIL Phone:
Email: 27MIKEMYERS@GMAIL,COM
Name: 27 CAPITOL TRUST
Contact Name: JARED MICHAEL REPINSKI
Type: TRUST
AZ CC File Number: State of Incorporation:
Incorporation Date:
Correspondence Address: PO BOX 6252
CHANDLER,AZ 85246
USA
Phone: (480)664-0389
Alt,Phone:
Email: JREPINSK122@YAHOO.COM
Page 4 of 5
Application Number: 309841
Application Type: Owner Transfer
Created Date: 09/16/2024
006 Bar
1) Are you applying for an Interim Permit(INP)?
Yes
What date are you taking ownership? Please upload the Interim Permit Notary page when you
roach the upload page.
10/l/24
8) Did the Promises phone number change?
Yes
What is the new phone number?
480 899-2999
10) Provide name,address,and distance of ricarest school.(If less than one(1)milo note footage)
AVALON SCHOOL
1045 S SAN MARCOS DR APACHE JUNCTION AZ 85120-4800 FEET
11) Are you one of the following?Please indicate below.
Property Tenant
Sub-tenant
Property Owner
Property Purchaser
Property Management Company
PROPERTY TENANT
12) Is there a penalty if lease is not fulfilled?
No
13) What is the total money borrowed for the business not including the lease?
Please list lenders/people owed money for the business.
WOLFESDEN HOLDING LLC
860 E KAIBAB PLACE,CHANDLER AZ 85249
$400,000.00
14) Is there a drive through window on the promises?
No
15) If there is a patio please indicate contiguous or non-contiguous within 30 feet.
CONTIGUOUS
16) Is your licensed promises now closed due to construction,renovation or redesign or rebuild?
NO
17) Total Price paid for Series 6 Bar,Series 7 Beer&Wine Bar or Series 9 Liquor Store(license only)
S50,OKOO
Page 5 of 5
State of Arizona
Department of Liquor Licenses and Control
Created 10/01/2024@11.-23:07 AM
Local Governing Body Report
LICENSE
Number. INP 110030096 Type: INP INTERIM PERMIT
Name: RUSTY BUCKLE SALOON
State: Active
Issue Date: 10/01/2024 Expiration Date: 01/14/2025
Original Issue Date-, 10/01/2024
Location, 295 N APACHE TRAIL
APACHE JUNCTION,AZ 85120
USA
Mailing Address:
Phone: (480)899-2999
Alt,Phone:
Email: JREPINSK122@YAHOO.COM
Name: JARED MICHAEL REPINSKI
Gondar: Male
Correspondence Address: PO BOX 6252
CHANDLER,AZ 85246
USA
Phone: (480)664-0389
Alt.Phone.
Email: JREP1NSK122@YAHOO�COM
Name: RUSTY BUCKLE SALOON LLC
Contact Name, JARED MICHAEL REPINSKI
Type* LEITED LIABILITY COMPANY
AZ CC File Number: 23642366 State of Incorporation: AZ
Incorporation Date: 02/13/2024
Correspondence Addrew PO BOX 6252
CHANDLER,AZ 85226
USA
Phone: (480)664-0389
Alt.Phone:
Email: JREPINSK122@YAHOO�COM
Officers/Stockholders
Name- Title: %Interest:
EEM LLC Member 15.00
Page I of 5
27 CAPITOL TRUST Manager-LLC 15,00
DICKENSON FMAILY TRUST Member IL67
WOLFESDEN HOLDINGS LLC Member IL67
450 APACHE LLC Member 11.66
RUSTY BUCKLE SALOON LLC - Member
Name: EEM LLC
Contact Narne- CAMILA ALARCON
Type: LIMITED LIABILITY COMPANY
AZ CC File Number', A2003931 State of Incorporation: AZ
Incorporation Date: 07/0212019
Correspondence Address: 2 N CENTRAL AVENUE
15TH FLOOR
PHOENIX,AZ 85004
USA
Phone: (602)256-4417
Alt.Phone:
Email-, CALARCON@GBLAW.COM
WOLFESDEN HOLDINGS LLC -Trustee
Name: DAVID CHARLES WOLF
Gender: Male
Correspondence Address- PO BOX 6252
CHANDLER,AZ 85226
USA
Phone: (490)283-4346
Alt.Phone:
Email; DAVIDCWOLF@COX.NET
RUSTY BUCKLE SALOON LLC -Member
Name: 450 APACHE LLC
Contact Name: JARED MICHAEL REPINSKI
Type: LIMITED LIABILITY COMPANY
AZ CC File Number. State of Incorporation: AZ
Incorporation Date:
Correspondence Address: PO BOX 6252
CHANDLER,AZ 85226
USA
Phone: (480)664-0389
Alt.Phone:
Email: JREPINSK122@YAHOO,COM
Page 2 of 5
RUSTY BUCKLE SALOON LLC - Member
Name: WOLFESDEN HOLDINGS LLC
Contact Name: JARED MIACHEAL REPINSKI
Type.- LIMITED LIABILITY COMPANY
AZ CC File Number. State of Incorporation: AZ
Incorporation Date:
Correspondence Address: PO BOX 6252
CHANDLER,AZ 85226
USA
Phone: (480)664-0389
Aft.Phone:
Email: JREPINSKn2@GMAIL.COM
EEM LLC -MEMBER
Name: THOMAS VINCENT MISITANO
Gender., Male
Correspondence Address: I E BOSTON STREET
CHANDLER,AZ 85225
USA
Phone: (480)232-5200
Alt.Phone:
Email: MiSrrANO.THOMAS@AZ.SYSCO.COM
RUSTY BUCKLE SALOON LLC-Manager-LLC
Name: 27 CAPITOL TRUST
Contact Name: JARED MICHAEL REPINSKI
Type: TRUST
AZ CC File Number: State of Incorporation:
Incorporation Date:
Correspondence Address: PO BOX 6252
CHANDLER,AZ 85246
USA
phone: (480)664-0389
AIL Phone:
Email: JREPINSKI22@YAHOOZOM
450 APACHE LLC-Member
Name: PATRC1K MICHAEL MURPHY
Gender: male
Correspondence Address: PO BOX 6252
CHANDLER,AZ 85226
USA
Phone: (815)703-3141
Alt.Phone,
Email: PATRICK@MRGPROBING.COM
Page 3 of 5
RUSTY BUCKLE SALOON LLC - Member
Name: DICK.ENSON FMAILY TRUST
Contact Name: JARED MICHAEL REPINSNKI
Type: TRUST
AZ CC File Number: State of Incorporation: AZ
Incorporation Date:
Correspondence Addrew PO BOX 6252
CHANDLER,AZ 85226
USA
Phone: (480)664-0389
Aft.Phone:
Email: JREPINSK122@YAROO-COM
DICKENSON FMAILY TRUST Trustee
Name: GREGORY GEORGE DICKSON
Gender: Male
Correspondence Address: PO BOX 6252
CHANDLER,AZ 85226
USA
Plione: (602)904-1314
Alt.Phone:
Email: DICKSONAZ@C0X.NET
27 CAPITOL TRUST-Trustee
Natne: MICHAEL DAVID MYERS
Gender: Male
Correspondence Address. PO BOX 6252
CHANDLER,AZ 85246
USA
Phone: (480)899-2999
Alt,Phone:
Email: 27MIKEMYERS@GMAIL.COM
E::� MANAGERS
Name. 27 CAPITOL TRUST
Contact Name: JARED MICHAEL REPINSKI
Type: TRUST
AZ CC File Number: State of Incorporation:
Incorporation Date:
Correspondence Address: PO BOX 6252
CHANDLER,AZ 85246
USA
Phone: (480)664-0389
Alt.Phone:
Email: JREPINSK122@YAHOO.COM
Page 4 of 5
E_���A�PPL�ICAATION INFORMATION
Applica on Number: 309942
Application Typc� New Application
Created Date: 09/16/2024
INP Interim Permit
I Enter License Number currently at location
06110082
2) Is the license currently in use?
Yes
3) Will you please submit section 5,page 6,of the license application when you reach the upload page?
Yes
A Document of type INTERIM NOTARY PAGE is required.
Page 5 of 5
ROMA tntedrin Pem*
If you intend to operate business while the application Is pending,you will need an Interim ermil pursuant to A�R.S.§4-20101,
For opproval of an Interim permit:There must be a volid license of the some series curre Issued to the location.
1. Current license number of the premises: 06110082
2. If the license is NOT currently I I n use.how long has it been since the license was lost us at this location? N/A
1 1! 40 -#
1 tr4ni Fun wanw) �;i i i A AAIA hereby declare that I Curre er,Agent,or
Controlling Person on the stated license and location.
Sign In front of Notary,
State of
County of
Signed before me on this tV day 2D
"Sam
Notary Signature
My commission expires on
JKqjQU Background Ctmck
EACH PERSON USTED MUST SUBMIT A OUESTIONNAIRE,FINGERPRINT CARD,AND$22 PROC SSING FEE PER CARD.
I�If the applicant Is on entity,and not on individuct,answer questions I o-b�
2/13/2024 Arizona
a)Dote Incorporated/Organized.-Stole ore Incorporoted/49onized:
23642366 2/1312024
b)AZ Corporation or AZ L.L.C.Entity No. Approval Dal *
2.Ust any individual or entity that owns a beneficial interest of 10%or more and/or cant the applicant or licensee.
it the opplicont is owned by another entity.attach an organizational chart showing the ership structure.
cov
4 15*111 If I t INTPUZ 7=4 9_
(Aftch oddilkM"0 1 necessovy)
9/21/2022 poge 7,of 5
Wividuals requiring ADA occorhmodarbris please call JM542-29�9
JjCnoy Cresson to Person TraWer ARS§4-203(C),(D),(G)
(Current Ocento killomatiorv)
1.Ucense#: 06110082
er^eA- I 14sL-SVP A�
2.Current Agent Name/lndK4dud Name: 6f?9-AJ!Y
U8*
3.Current OwnerWip,Nome(tegcd Entity): Tarediddles LLC
(ewwr
Taredid&9
4.Premises Nome.
(ft=* I appom an Ow sm")
5,ftmises Location Address: 285 N Apache Trad Apache Junction AZ 85120 Pinal
C
skwat COY We C VP
6.Does current lice tend to th sinessy4hilett*apF�icotionispencring? OYes ONo
7.1.(Signmatume): authofte the tronsfer of this ricense to the applicant,
7:Z klef"MOCCOO)
(c
IEQLQIU Location Trander-Cuverd Ucensee Information ARS64-203(C),(D),(0)
1.License#:
2,current Business, Nome.
Address:
3.New Business, Nome:
Address:
UP—Qft a Proximity to School
A.R.S.§4-207 States thot no LeLqfi2L'tJS&n_U shall 1�e Issued for any premises whic i are at the lime the license
application Is received by the director,vAthin three hundred(300) horizontal feet of a public or private school building
with kindergarten programs or grades one (1) through (12), or within three hundred 13 00) horizontal feet of a fenced
recreational area adjacent to such school building.
The above paragraph DOES NOT apply to.
WesOl Reducer Series I I WeUrnotel kense
Was 03 Waadew" Soies 12 Resto uronts,W do not 1.4 g v4as
So*04 WhoWder/U~or Series 13 RIM V*)M
Series 05 Government kerm Series 18 Craft Distilery
area of a ga come
4,800 Feet Awallon S, hool
Yistance to nearest School. Nome of School,
School Address: 1045 S San Mar Dr.Apache Jurroation,AZ 86120
9/21/2022 page 3 of 5
Individuals"utOrg ADAaccommodations ploose callI602)142,19
oil 'J
[:::S:t�ateof A�rjzona,-�Cojjn�tyof P�Inal-S�eries 06�'Bar L�iquor License-�1%50,0�00-00 B�SD �
Hill of Sale
FOR GOOD AND VALUABLE CONSIDERATION,the receipt and sufficiency of which are hereby
acknowledged,Taradiddles LLC,,an Arizona Limited Liability Company(the'Seller),hereby transfers,
assigns,and conveys all of Selleesrights,titles,and interest in and to State of Arizona Liquor License No.
06110082(theLicense')to Rusty Buckle Saloon Land,LLC.,an Arizona Limited Liability Company(the
'Buyer').
FURTHERMORE,Seller warrants it is the lawful owner of the License,the License is free and clear of all
taxes,liens,encumbrances,and claims,and the undersigned is authorized to execute all documents necessary
to affect the sale of the License on behalf of Seller.
This Bill of Sale shall be construed in accordance with and governed by the laws of the State of Arizona and
shall be binding on the Seller,its successors,and assigns,and shall inurc to the benefit of the Buyer,its
successors,and assigns.
STATE OF ARIZONA
COUNTY OF
The f instrument was acknowledged before SELLER.- radiddles LL
OrCV'l day of
in 4,
By:
(Philip Oppen in M er
(Signa
My Commission Expires on: ,A4-Jl-kh
onth Day Year
STATE OF ARIZONA
COUNTY OF_/��t�A) BUYER:Rusty Buckle Saloon Land LLC.
The foregoing instrument was acknowledged before
me this S,!!�day of jL2,ejjj8_Qta20_;_�( By-
(27 Capital Trust, 's anagcr-Michael David
Myers,It's Trustee
(Signa ir N61- Y PUBLIC)
My Commission Expires on:- At (0 Z07-5-
Mouth -5i YQi
JARCO REP04SW
Notary Poblk-Arizona
madcapa coulity
comminloft 0 601630
My Comm EX011ift APf 6,2025
Rim
41 1 -
MR of Sale
FOR GOOD AND VALUABLE CONSIDERATION,the receipt and sufficiency of which are hereby
acknowledged,Rusty Buckle Saloon Land LLC.,an Arizona Limited Liability Company(the'Sellee),hereby
transfers,assigns,and conveys all of Settees rights,titles,and interest in and to State of Arizona Liquor
License No.06110082(theLicense')to Rusty Buckle Saloon,LLC,,anArizona,Limited Liability Company
(the'Buyee).
FURTHERMORE,Seller wan-ants it is the lawful owner of the License,the License is free and clear of all
taxes,liens,encumbrances,and claims,and the undersigned is authorized to execute all documents necessary
to affect the sale of the License on behalf of Seller.
This Bill of Sale shall be construed in accordance with and governed by the laws of the State of Arizona and
shall be binding on the Seller,its successors,and assigns,and shall inure to the benefit of the Buyer,its
successors,and assips.
STATE OF ARIZONA
)ss.
COUNTY OF A
A-AU-C-620)
The foregoing instrument was acknowledged before SELLER-Rusty Buckle Saloon Land LLC
me this_LC day of_jg2 r _
j fta4k2o_g�r
By- �r—Mcb-c
_�amt re"h .a'
27 Capit rust,It anager—Nfichael David
UN. I PUBLI1 Myers,It's Trustee)
(Signatu of N PUBLIC)
0 e-5*
JAW 01PINKSKI I Day Year
Notary Public-Arizona
Markup County
Ommission#601630
My CWM�Expir"Apr 6,202 5
STATE Of ARIZONA
)ss.
COUNTY OF BUYER:Rusty Buckle Saloon LLC.
The foregoing instrument was acknowledged before
me this day of JeLt?,kt #A 20
(27 'to 's Manager—Michael David
s T. r"s
Myers,It's T
(Signature NOT PUBLIC)
My Cornmission Expires on:
amDay Year
jARE0 REP94510
t4otary Pubk�AtiOns
Wcop's County
commnislon#601630
MY comm,Expire%W C 2025
rw
9c
09
go
IV
-----------------
t4l
I...........
----------
Wk
U4
cr
vZ1
Amy Greening
From: Danny Salclana
Sent: Thursday, October 10, 2024 3:38 PIVI
To: Amy Greening
Cc: Yvette McKinney
Subject: Re: Rusty Buckle Saloon Liquor License Application
Hello,
I have reviewed the appLication and viewed the property on 10/10/24. At this time the Apache Junction
PoLice Department has no concerns with the application moving forward.
Thanks
Daniel Salclana
Lieutenant-Support Services
Apache Junction Police Department
(480)474-2629
dsaidana@apache'uncfionaz.gov
From:Amy Greening<agreening@apachejunctionaz.gov>
Sent: Monday, October 7, 2024 9:17 AM
To: Danny Salclana<dsaidana@apachejunctionaz.gov>
Cc:Yvette McKinney<mckinney@apachejunctionaz.gov>
Subject: Rusty Buckle Saloon Liquor License Application
Good Morning,
The City Clerk's office has received the attached Series 006 Bar liquor license application.
Please conduct your safety,security,ADA compliance and other inspections and submit your department
recommendations to Evie by noon on Monday October 14, 2024, in order for this item to be on the November 5, 2024,
City Council meeting.
Thank you,
Administrative Assistant
City Clerk's Office
qgEteninF@ a(-he�uncbo�naz. o�v
480-982-8002
City of Apache Junction
300 E. Superstition Blvd.
Building C
Apache Junction, AZ 85119
Follow Us On:
City HaH Hours of Operf:.-,ifion 7AM-6PM, NAonday throughThursday, closed on, Fridays,
This message and the information within is intended for the recipient. If you received this email in error, please
notify the sender and then delete the email. Emails generated by council members or City staff pertaining to
City business are public records and are preserved according to the City's records retention schedule.To
ensure compliance with the Open Meeting Law, members of the City Council should not forward email
correspondence to other members of the Council. Members of the Council and other public bodies may reply
to this message, but should not copy other members of the public body.
2
Amy Greening
From: Adrian Alegria
Sent: Tuesday, October 29, 2024 7:29 AM
To: Yvette McKinney
Cc: Amy Greening
Subject: RE: Rusty Buckle Saloon Liquor License Application
Good morning Evie,
Rusty Buckle Saloon is under construction for a tenant improvement and at the final inspection they will need to
compLy with safety requirements as ADA, means of egress and others.
Building Safety and Inspections Division has not objection to grant the approval for the Series 006 Bar Liquor
License.
Thankyou,
Adrian ALegria
Building and Safety Manager / Building Official
Development Services / Building Safety and Inspections Division
City of Apache Junction
300 E. Superstition Blvd.
Apache Junction, AZ 85119
480-474-5494,
Office Hours- Monday—Thursday 7:00am—6:00pm, Closed on Fridays
[oil R
sca,the Q A Goae to pwv�af,cu,_,Aome�selllcc,feedb a C��
From:Yvette McKinney<mckinney@apachejunctionaz.gov>
Sent: Monday, October 28, 2024 5:55 PM
To:Adrian Alegria <aalegria@apachejunctionaz.gov>
Cc:Amy Greening<agreening@apachejunctionaz.gov>
Subject: FW: Rusty Buckle Saloon Liquor License Application
Hi Adrian,
I don't believe we have received your safety inspection comments. Would appreciate your prompt response.
Thanks much,
Evie McKinney
From:Amy Greening<2gree aq_qhP_jLLnctiongz.y v>
Sent: Monday, October 7, 2024 9:17 AM
To:Tina Gerola<tinagLroL�CcL�Lfrndaz,,Iov>; Richard Mooney<richard.moone sfm a ,gov>;Adrian Alegria
_L_
<ga2l - @2,g� e nctigna >; Rudy Esquivias<re uivLas@,2paqh�Lqn iona gov>
,j&!:: . �h__Ly_ ___,LEpy _ __ __ql_Z _
Cc:Yvette McKinney<nLickjqneyL0a acheu!Lcti9na &ov>;Jennifer Pena<ipena@a ache >; Donna Scruggs
2 ...J_ ____Z_ __p
<d s c r gEsp heLuncCigngg, v> ,in ocx!2, n tiona7,&0V>
'ru _E2_ ; Dana Martin <dmaq_ pachpjg�
Subject: Rusty Buckle Saloon Liquor License Application
Good Morning,
The City Clerk's office has received the attached Series 006 Bar liquor license application.
Please conduct your safety,security,ADA compliance and other inspections and submit your department
recommendations to Evie by noon on Monday October 1.4, 2024, in order for this item to be on the November 5, 2024,
City Council meeting.
Thank you,
Ante
Administrative Assistant
City Clerk's Office
qgf���-nin @�aach�eunc�tionaz�. ov
480-982-8002
City of Apache Junction
300 E. Superstition Blvd.
Building C
Apache Junction, AZ 85119
Follow Us On:
g
City HaW Hours of Operalion 7AM-6PM, Mondciy through Thursday, closed or) Fridays.
This message and the information within is intended for the recipient. If you received this email in error, please
notify the sender and then delete the email. Emails generated by council members or City staff pertaining to
City business are public records and are preserved according to the City's records retention schedule.To
ensure compliance with the Open Meeting Law, members of the City Council should not forward email
correspondence to other members of the Council. Members of the Council and other public bodies may reply
to this message, but should not copy other members of the public body.
2
GreeningAmy
From: RudvEsqukvias
Sent: Tuesday, October 8, 2O2491SAK4
To: Amy Greening;Tina Geoo|a( Richard Mooney;Adrian AJegha
Co: Yvette McKinney;Jennifer Pena; Donna Scruggs; Dana Martin; Planning
Subject: RE: Rusty Buckle Saloon Liquor License Application
Attachments: Application Redacted.pdf
Hi Amy:
The Planning Division has no objections to the former Taradiddles restaurant location re-opening as a new
restaurant/bar tobe called the Rusty Buckle Saloon. The property is appropriately zoned B-3 (City Center District) and
has operated for many years as different restaurants. The building ia currently undergoing a properly permitted
remodeling process, As the property is in zoning compliance,the Planning Division recommends approval of this liquor
license application,
�
���
K�v�=�� �� =���
Development Services Director
City of Apache Junction
300 E. Superstition Blvd'
Apache Junction, AZ 85119
480-474-2845
resqijivias@apachejunct.ionaz .gov
(Development Services Department office hours: Monday through Thursday from
7:00am to 6:00pm, closed Fridays and Holidays. )
,4
ly
Scan the OR Code t0 provide customer service feedback!
From:Amy Greening<a8reening@apaohe/uno1ionaz.gov>
Sent: Monday, October 7, Z024A:17AK4
To:Tina Geru|a<tina.Qero|a0Dsfmd.az.0ov>; Richard Muoney<richard.nnnoney@sfnnd.az.gov>;Adrian A|e8ria
<aa|egria@apachejunctinnaz.Qov>; Rudy Esquivias<resquivias@apachejunctinnaz.Qnvx
Cc:Yvette McKinney<mckinney@apachejunctionaz.gov>;Jennifer Pena <jpena@apachejunctionaz.gov>; Donna Scruggs
<dscru08s@apauhejunctionaz.gov>; Dana Martin xdmartin@apachejunctionaz.8nv>
Subject: Rusty Buckle Saloon Liquor License Application
Good Morning,
1
The City Clerk's office has received the attached Series 006 Bar liquor license application.
Please conduct your safety,security,ADA compliance and other inspections and submit your department
recommendations to Evie by noon on Monday October 14, 2024, in order for this item to be on the November 5, 2024,
City Council meeting.
Thank you,
Awe ��reekulllg
Administrative Assistant
City Clerk's Office
480-982-8002
114,
City of Apache Junction
300 E. Superstition Blvd.
Building C
Apache Junction, AZ 85119
Follow Us On:
City Hall Hours of Operation 7AM-6PM, Monday fhroug�) Thursday, closed on Fridays.
This message and the information within is intended for the recipient. If you received this email in error, please
notify the sender and then delete the email. Emails generated by council members or City staff pertaining to
City business are public records and are preserved according to the City's records retention schedule. To
ensure compliance with the Open Meeting Law, members of the City Council should not forward email
correspondence to other members of the Council. Members of the Council and other public bodies may reply
to this message, but should not copy other members of the public body.
2
Amy Greening
From: Tina Gerola <Tina.Gerola@sfmd.az.gov>
Sent: Monday, October 14, 2024 3:22 PM
To: Rudy Esquivias;Amy Greening; Richard Mooney;Adrian Alegria
Cc: Yvette McKinney;Jennifer Pena; Donna Scruggs; Dana Martin; Planning
Subject: RE: [External] Rusty Buckle Saloon Liquor License Application
Good afternoon. The SFMD recommends approval of this liquor License appLication. Thankyou.
Tina Gerola I Deputy Fire Marshal
Superstition Fire & Medical District
Office 1 (480) 982-4440 ext. 104
Mobile � (480)416-9775
Website � ���.az�. ov
From: Rudy Esquivias<resquivias@apachejunctionaz.gov>
Sent:Tuesday, October 8, 2024 9:15 AM
To:Amy Greening<agreening@apachejunctionaz.gov>;Tina Gerola <Tina.Gerola@sfmd.az.gov>; Richard Mooney
<Richard.Mooney@sfmd.az.gov>; Adrian Alegria <aalegria@apachejunctionaz.gov>
Cc:Yvette McKinney<mckinney@apachejunctionaz.gov>;Jennifer Pena <jpena@apachejunctionaz.gov>; Donna Scruggs
<dscruggs@apachejunctionaz.gov>; Dana Martin<dmartin@apachejunctionaz.gov>; Planning
<planning@apachejunctionaz.gov>
Subject: RE: Rusty Buckle Saloon Liquor License Application
Hi Amy:
The Planning Division has no objections to the former Taradiddles restaurant location re-opening as a new
restaurant/bar to be called the Rusty Buckle Saloon. The property is appropriately zoned B-3 (City Center District) and
has operated for many years as different restaurants. The building is currently undergoing a properly permitted
remodeling process. As the property is in zoning compliance,the Planning Division recommends approval of this liquor
license application.
c&4,,,F-.s?uivia.6
Development Services Director
City of Apache Junction
300 E. Superstition Blvd.
Apache Junction, AZ 85119
480-474-2645
resquj-\7ias@apacheju.n.ctionaz .gov
(Development Services Department office hours: Monday through Thursday from
7:00am to 6:00pm, closed Fridays and Holidays. )
I
*#M
h*9 L* j*4:**'*
*
Alm'"
Scan the QR Code to provide customer service feedback!
From:Amy Greening<agree ni n&@apjgheu >
J_
Sent: Monday, October 7, 2024 9:17 AM
To:Tina Gerola q!in�aqrolp fmd.azp(2y>; Richard Mooney<richardd.moone L@sfmd.aI,,&ov>;Adrian Alegria
<�,j3e
Zr a L@ ap.c eu >; Rudy Esquivias<resgLCMias @apgche n t�ona gov>
jji__L _z_ __Z_ _
Cc:Yvette McKinney<LnSkLinne eunq >;Jennifer Pena<ipenaj2a ache.LLLncfionqLgoy>; Donna Scruggs
�y,@_qpA�ji J_
<d..sscruggs 2a gpz!�,he nctLiona:�..gpv>; Dana Martin <dmartin(0 P gh unctiona?-90Y>
j_q_ _ —TiiaE22�L _��L
Subject: Rusty Buckle Saloon Liquor License Application
Good Morning,
The City Clerk's office has received the attached Series 006 Bar liquor license application.
Please conduct your safety,security,ADA compliance and other inspections and submit your department
recommendations to Evie by noon on Monday October 14, 2024, in order for this item to be on the November 5, 2024,
City Council meeting.
Thank you,
Administrative Assistant
City Clerk's Office
qgEgf n i�n@�aa c h g
480-982-8002
City of Apache Junction
300 E. Superstition Blvd.
Building C
Apache Junction, AZ 85119
Follow Us On:
IF
2
City Holl Hours of Operafion 7AM--6PM, Monday 1hrough Thursday, closed on Fridays,
This message and the information within is intended for the recipient. If you received this email in error, please
notify the sender and then delete the email. Emails generated by council members or City staff pertaining to
City business are public records and are preserved according to the City's records retention schedule.To
ensure compliance with the Open Meeting Law, members of the City Council should not forward email
correspondence to other members of the Council. Members of the Council and other public bodies may reply
to this message, but should not copy other members of the public body.
City of Apache Junction, Arizona 300 E Superstition
Boulevard
Agenda Item Cover Sheet Apache Junction,AZ
85119
Agenda Item No. 16.
File ID: 24-874
Sponsor:Yvette McKinney Agenda Date: 11/5/2024
Index: In Control: City Council Meeting
Consideration of application for a new Series 6 Bar Liquor License for Kapt'n D's located at 300
W Apache Trail Suite 118, Apache Junction, AZ. The next step in the process is for the council
to hold a public hearing on the application and make a recommendation of approval or denial to
the Arizona Department of Liquor License and Control.
City of Apache Junction,Arizona Page 1 Printed on 1013112024
CH
City of Apache Junction
1 0 Home of the Superstition Mountains
November 5, 2024
MEMORANDUM TO: HONORABLE MAYOR AND CITY COUNCIL
THROUGH: BRYANT POWELL, CITY MANAGER
FROM: EVIE MCKINNEY, DEPUTY CITY CLERK
SUBJECT: APPLICATION FOR A SERIES 6 BAR LIQUOR LICENSE FOR
KAPT'N D'S
An application for a Series 6 Bar Liquor License has been submitted by Agent Jared Michael
Repinski for Kapt'n D's, located at 300 W. Apache Trail, #118, Apache Junction, AZ 85120.
The Arizona Department of Liquor Licenses and Control received the application on September
23, 2024, and the Apache Junction City Clerk's Office received the application from them the
same day.
The applicant was notified with a first-class letter regarding the date set for a public hearing and
was encouraged to attend to address any questions council may have. A Notice of Public
Hearing was posted at the establishment on October 1, 2024, to comply with state law
requirements.
Correspondence related to inspections of the premises for safety and code compliant matters
have been received from the Apache Junction Police Department, Building and Safety Division,
Planning and Zoning Department, and the Superstition Fire and Medical District.
All four entities find compliance with the inspection requirements and recommend approval.
Their responses are attached in Legistar for your review.
The next step in the process is for the city council to hold a public hearing on the application and
make a recommendation for approval or denial to be forwarded to the Arizona Department of
Liquor Licenses and Control. This recommendation must take place within sixty (60) days of the
filing of the application, therefore must be done by November 22, 2024.
300 E. Superstition Boulevard -Apache Junction,AZ 85119 - Ph: (480)474-5092
www.apachejunctionaz.gov
State of Arizona
Department of Liquor Licenses and Control
Created 09/23/2024 @ 12-55:46 PM
Local Goveming Body Report
LICENSE
Number: 006110028752 Type, 006 BAR
Name: KAPT'N D'S
State: Pending
Issue Date: Expiration Date: 08/31/2025
Original Issue Date., 06/17/2024
Location: 300 W APACHE TRAIL
#118
APACHE JUNCTION,AZ 85220
USA
Mailing Address: PO BOX 6252
CHANDLER,AZ 85246
USA
Phone:
Aft.Phone:
Email:
Currently,this license has pending applications.
AGENT
Name: JARED MICHAEL REPINSKI
Gender.- M
Correspondence Address: PO BOX 6252
CHANDLER,AZ 85246
USA
Phone:
Alt. Phone:
Ernail:
OWNER
Name: JA HOSPITALITY GROUP LLC
Contact Narne: JARED MICHAEL REPINSKI
Type: LIMITED LIABILITY COMPANY
AZ CCFile Number: 23711705 State ot-Incorporation: AZ
08/01,2024
Correspondence Address: PC BOX 6252
CHANDLER.AZ 85246
Phone: USA
Alt. Phone: �0 o
Emall: I 1� 14-1 ��
Officers/Stockbolders 3
Page I of 3
Z7
Narne: Title: %Interest:
JOSEPH JOHN ABATE Member 50�00
RORY KENT AUSTIN Member 50�00
JA HOSPITALITY GROUP LLC - Member
Name: RORY KENT AUSTIN
Gender:
Correspondence Address: PO BOX 6252
CHANDLER,AZ 85246
Plione: &EM
Alt�Pbone:
Email:
JA HOSPITALITY GROUP LLC - Member
Name: JOSEPH JOHN ABATE
Gender: M
Cot-respondence Address: PO BOX 6252
CHANDLER,AZ 85246
USA
Phone:
Alt.Pbone:
Email:
Page 2 of 3
[::::��APP�LIC�ATI�ON�INF�®RM�AT�ION����
Application Number: 309708
Application Type-, Location/Owner Transfer
Created Date. 09/13/2024
QUESTIONS & ANSWERS
006 Bai-
I Are you applying for an Interim Pernrit(INP)?
Yes
What date are you taking ownership? Please upload the Interim PCITint Notary page when you
reach the upload page.
4) Does the Business location address have a street address for a City or Town but is actually in the
boundaries of another City,Town or Tribal Reservation?
No
10) Provide name,address,and distance of nearest school.(If less than one(1)mile note footage)
APACHE TRAIL HIGH SCHOOL 945 APACHE TRAIL APACHE JUNCTION AZ 85120
2640 FEET
11) Are you one of the following?Please indicate below.
Property Tenant
Sub-tenant
Property Owncr
Property Purchaser
Property Management Company
TENANT
12) Is there a penalty if lease is not fulfilled?
Yes
What is the penalty?
$2,600M
13) What is the total nioncy bon-owed for the business not including the lease?
Please list lenders/people owed money for the business.
0
14) Is there a drive through window on the premises?
No
15) If there is a patio please indicate contiguous or non-configUOUS Within 30 feet,
CONTIGUOUS
16) Is your licensed premises now closed due to construction,renovation or redesign or rebuild?
No
17) Total Price paid for Scrics 6 Bar, Series 7 Beer&Wine Bar or Series 9 Liquor Store (license only)
$35,000.00
pa-e 3 or 3
State of Arizona
Department of Liquor Licenses and Control
Created 09/23/2024 @ 12:55-11 PM
Local Goveming Body Report
LICENSE
Number: INP 110029959 Type: INP INTERIM PERMIT
Name: KAPT'N D'S
State: Active
Issue Date: 09/23/2024 Expiration Date: 01/06/2025
Original Issue Date: 09/23/2024
Location: -300 W APACHE TRAIL
#118
APACHE JUNCTION,AZ 85220
USA
Mailing Addrew PO BOX 6252
CHANDLER,AZ 85246
USA
Phone:
Alt,Pbone:
Email:
L- AGENT
Name: JARED MICHAEL REPINSKI
Gender:
Correspondence Address: PO BOX 6252
CHANDLER.AZ 85246
USA
Phone:
Alt. Pfione�
Email:
OWNER
Name: JA HOSPITALITY GROUP LLC
Contact Name: JARED MICHAEL REPINSKI
Type: LIMITED LIABILITY COMPANY
AZ CC File NUmber: 23711705 State of Incorporation: AZ
Jnc6T'P&atwjT-lXQe� -------08/021/2024
Correspondence Address- 110 BOX 6252
('11ANDLER—AZ 852)46
USA
Phone:
Alt, Phone:
Email:
Officers/Stockholders
Narne: Title: `/o Interest:
JOSEPH JOHN ABATE Member 50�00
RORY KENT AUSTIN Member 50,00
JA HOSPITALITY GROUP LLC - Member
Name: RORY KENT AUSTIN
Gender: M
Correspondence Address- PO BOX 6252
CHANDLER,AZ 85246
USA
Phone:
Alt.Phone-
Email:
JA HOSPITALITY GROUP LLC - Member
Name: JOSEPH JOHN ABATE
Gender.-
Correspondence Address: PO BOX 6252
CHANDLER,AZ 85246
USA
Phone:
Alt.Phone:
Email-
APPLICATION INFORMATION
Application Number: 309709
Application Type� New Application
Created Date: 09/13/2024
QUESTIONS & ANSWERS
INP Interim Permit
1) Enter License Number currently at location
006110028752
2) Is the license currently in usc'�
Yes
3) Will you please subirut section 5,page 6,oftlic license application when you reach the upload page'?
Yes
A DoCUMent 01'[VpC INTER 1%14 N`OTARY IAGE is reqUired,
fl�nic 2 of2
Fl!ZU
Ent Exit
PATIO
its
07&L-- Ltm _j
m _j
$5
X
Entry/Exit 300SF
40' x 40'
1600SF
0 TABLE]
0
TABLE
P7
4�, BAR
T L
ABLE
4
8 TABLE
TABLE
TABLE
uj
0 [TA B�E
0
Entry/Exit LX_q o6a, -aTtk4,rj Entry/Exit
I-FRYER
2-GRIDDLE 7-EMPLOYEE SINK
3-CHARBROriLER 8-CONDIMNET PREP
4-STAINLESS STEEL
WORK TABLE
5-BEER COOLER
6-3 COMP SINK
Amy Greening
From: Danny Salclana
Sent: Tuesday, October 1, 2024 9:19 AM
To: Yvette McKinney
Subject: Re: Kapt'n D's Liquor License Application
The Apache Junction Police Department has no concerns over the liquor License being issued.
Daniel Salclana
Lieutenant-Support Services
Apache Junction Police Department
(480)474-2629
dsaidana@apache'uncfionaz.gov
From:Yvette McKinney<mckinney@apachejunctionaz.gov>
Sent: Monday,September 30, 2024 5:38 PM
To: Danny Salclana<dsaidana@apachejunctionaz.gov>
Subject: Kapt'n D's Liquor License Application
Good Afternoon,
The City Clerk's office has received the attached Series 006 Bar Liquor License application for Kapt'n D's, located
at 300 W.Apache Trait,#118,Apache Junction,AZ. Please note, in addition,the appLicant does have an Interim
Permit,which expires 1/06/2025.
PLease conduct your safety,security,ADA compliance and other inspections and submit your department
recommendations to me by noon on Monday,October 7,2024, in order for this item to be on the November 5,
2024, City Council meeting.
Due to the size of the file I have broken into smaller parts:the unreclacted application,and the Bit[of Sale for the
006 Series License attached to the new Lease for the Location. I witI.be sending an additional email that contains
the personal information with fingerprint verification forms.
Thankyou,
Evie McKinney
mckinneyPa acheiunctionaz.gov
Ext 5061
City Of Apache Junction
300 E. Superstition Blvd,
Apache Junction, AZ 85119
City Hall Hours of Operation 7AM - 6PM, Monday through Thursday, closed Fridays.
This message and the information within is intended for the recipient. If you received this email in error, please notify the
sender and then delete the email, Emails generated by council members or City staff pertaining to City business are public
I
records and are preserved according to the City's records retention schedule.To ensure compliance with the Open
Meeting Law, members of the City Council should not forward email correspondence to other members of the Council.
Members of the Council and other public bodies may reply to this message, but should not copy other members of the
public body.
Amy Greening
From: Amy Greening
Sent: Thursday, October 31, 2024 3:49 PM
To: Amy Greening
Subject: FW: Kapt'n D's Liquor License Application
From:Adrian Alegria<�L >
Sent:Thursday,October 31, 2024 2:30 PM
To:Yvette McKinney<mckinnffK2��pp�,heun�ct�onaLgoy>
Cc:Jennifer Pena <ipenpk
4pgchqjungt�ionaz,gov>; Donna Scruggs<dscrugg,�@Apachgi�!nctLio gov>; Dana Martin
DAL
<dLmartin apacheign >;Tina Gerola<ina.&ffojaC S��>; Richard Mooney
q)sfmd
L
<Hchard.mo azgov>
Rudy Esquivias<fg�guivias@,�pg�,h nct >
Subject: RE: Kapt'n D's Liquor License Application
Evie,
I just came backfrom Kaptn D's and conducted a site safety inspection and concludethat Building Safety and
Inspections Division recommends approvat of the Series 006 Bar liquor license.
Thankyou,
Adrian Alegria
Building and Safety Manager / Building Official
Development Services / Building Safety and Inspections Division
City of Apache Junction
300 E. Superstition Blvd.
Apache Junction, AZ 85119
480-474-5494, a
Off ice Hours- Monday—Thursday 7:00am—6:00pm, Ctosed on Fridays
go I*w".14 w
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IR,xt
Su'm m',QR Code to p"w'a""c.swnw'S,wce�eWrmck'
5
From:Yvette McKinney<Mck'
ngey@apgLhe unctionaz.g V>
Sent: Monday,September 30, 2024 4:41 PM
To:Tina Gerola<tin
gqy,,erolpE�f c�az.gov>; Richard Mooney<richard.mooney fryida ov>; Rudy Esquivias
,Lm
<Lesq,gjv�ia�,CcDapAgheLuE����>;Adrian Alegria <aalegr�a@apaLh-i!Ln >
2
Cc:Jennifer Pena <ipgna @a chejj�nqtionqz v>; Donna Scruggs<�sE.�rus �q cheLtAnct >; Dana Martin
_pg_
<dmartinLc�
,ov>
Subject: Kapt'n D's Liquor License Application
Good Afternoon,
The City Clerk's office has received the attached Series 006 Bar Liquor License application for Kapt'n D's, located
at 300 W.Apache TraiL,#118,Apache Junction,AZ. Please note, in addition, the applicant does have an Interim
Permit,which expires 1/06/2025.
Please conduct your safety,security,ADA compliance and other inspections and submit your department
recommendations to me by noon on Monday,October 7,2024, in order for this item to be on the November 5,
2024, City Council meeting.
Thankyou,
Evie McKinney
mcl<in,ney@apachejunct�onaz.gov
Ext 5061
Amy Greening
From: Rudy Esquivias
Sent: Tuesday, October 1, 2024 4:58 PM
To: Tina Gerola;Yvette McKinney; Richard Mooney; Adrian Alegria
Cc: Jennifer Pena; Donna Scruggs; Dana Martin
Subject: RE: [External] Kapt'n D's Liquor License Application
Evie:
Development Services has no zoning-related objections to new operators taking over and renaming the former
Captain's restaurant and bar.The new business proprietors should check with the city's Building Division for any
necessary permit requirements if they pLan on doing any remodeling work.Thanks.
c&u4.E.s?uivia.6
Development Services Director
City of Apache Junction
300 E. Superstition Blvd.
Apache Junction, AZ 85119
480-474-2645
resqiiivias@a.pachejunc-tionaz .gov
(Development Services Department office hours: Monday through Thursday from
7:00am to 6:00pm, closed Fridays and Holidays. )
*am
4 am #40
- ,*-40* *
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1,It
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Scan the QR Code to provide customer service feedback!
From:Tina Gerola<Tina.Gerola@sfmd.az.gov>
Sent:Tuesday, October 1, 2024 2:35 PM
To:Yvette McKinney<mckinney@apachejunctionaz.gov>; Richard Mooney<richard.mooney@sfmd.az.gov>; Rudy
Esquivias<resquivias@apachejunctionaz.gov>;Adrian Alegria<aalegria@apachejunctionaz.gov>
Cc:Jennifer Pena <jpena@apachejunctionaz.gov>; Donna Scruggs<dscruggs@apachejunctionaz.gov>; Dana Martin
<dmartin@apachejunctionaz.gov>
Subject: RE: [External] Kapt'n D's Liquor License Application
Good afternoon.The SFM D recommends approval.of this tiquor license apptication.Thank you.
I
Tina Gerola I Deputy Fire Marshal
Superstition Fire & Medical District
Office 1 (480) 982-4440 ext, 104
Mobile (480)416-9775
Website �i�az. oy
From:Yvette McKinney<mc �g
�KicLneyLc�-qp hc uaLt >
qL---2j EL-4- _Qy
- Lig a
Sent: Monday,September 30, 2024 4:41 PM
To:Tina Gerola<TLiln-a.-G-e-ro-l-a-Ci)-sf—m.d.-.a.4_.gov>; Richard Mooney<R�cliard.Moonn(,,y@sfmci.az.gov>; Rudy Esquivias
<Eg��uivia����� >; Adrian Alegria <g_21e
2,ria @a aqh ftiona4 ()v>
C__p _g:Lqn!�__:Z_
Cc:Jennifer Pena <pena@apaSheLAnctiog ov>; Donna Scruggs<dscrugEs@ achL2Lu ictiqnq�>; Dana Martin
j _gp _L_
<dmartiri@,gpachej,�!nctiorigz,Eov>
Subject: Kapt'n D's Liquor License Application
Good Afternoon,
The City Clerk's office has received the attached Series 006 Bar Liquor License application for Kapt'n D's, located
at 300 W.Apache Trail,#118,Apache Junction,AZ. Please note, in addition,the appLicant does have an Interim
Permit,which expires 1/06/2025.
PLease conduct your safety,security,ADA compliance and other inspections and submit your department
recommendations to me by noon on Monday,October 7,2024, in order for this item to be on the November 5,
2024, City Council meeting.
Thankyou,
Evie McKinney
mckinney@apachejunct�onaz.gov
Ext 5061
Amy Greening
From: Tina Gerola <Tina.Gerola@sfmd.az.gov>
Sent: Tuesday, October 1, 2024 2:35 PM
To: Yvette McKinney; Richard Mooney; Rudy Esquivias; Adrian Alegria
Cc: Jennifer Pena; Donna Scruggs; Dana Martin
Subject: RE: [External] Kapt'n D's Liquor License Application
Good afternoon.The SFM D recommends approval.of this Liquor License application.Thank you.
Tina Gerola I Deputy Fire Marshal
Superstition Fire & Medical District
Office 1 (480) 982-4440 ext. 104
Mobile (480)416-9775
Website �fmd.az. ov
From:Yvette McKinney<mckinney@apachejunctionaz.gov>
Sent: Monday,September 30, 2024 4:41 PM
To:Tina Gerola<Tina.Gerola@sfmd.az.gov>; Richard Mooney<Richard.Mooney@sfmd.az.gov>; Rudy Esquivias
<resquivias@apachejunctionaz.gov>;Adrian Alegria <aalegria@apachejunctionaz.gov>
Cc:Jennifer Pena <jpena@apachejunctionaz.gov>; Donna Scruggs<dscruggs@apachejunctionaz.gov>; Dana Martin
<dmartin@apachejunctionaz.gov>
Subject: Kapt'n D's Liquor License Application
Good Afternoon,
The City Clerk's office has received the attached Series 006 Bar Liquor License application for Kapt'n D's, located
at 300 W.Apache TraiL,#118,Apache Junction,AZ. PLease note, in addition,the appLicant does have an Interim
Permit,which expires 1/06/2025.
PLease conduct your safety,security,ADA compliance and other inspections and submit your department
recommendations to me by noon on Monday,October 7,2024, in order for this item to be on the November 5,
2024, City Council meeting.
Thankyou,
Evie McKinney
mckinney@apachejunctionaz,gov
Ext 5061
City of Apache Junction, Arizona 300 E Superstition
Boulevard
Agenda Item Cover Sheet Apache Junction,AZ
85119
Agenda Item No. 17.
File ID: 24-889
Sponsor: Erika Hernandez Agenda Date: 11/5/2024
Index: In Control: City Council Meeting
Presentation, discussion, public hearing and consideration of Ordinance No. 1558 a proposed
rezoning of parcel 101-02-0780, located near the southwest corner of Ironwood Dr and
Superstition Blvd., from the currently split zoned General Commercial ("B-1")and Medium
Density Single-Family Detached Residential ("RS-20M")to General Commercial ("B-1")to
facilitate the construction of a 4,213 square foot construction office and a 10,000 square foot
warehouse.
City of Apache Junction,Arizona Page 1 Printed on 1013112024
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Background
1998 .- Rezoned portion of lot 24 from GR to CR-2 to split lot & build home
10-8-2024 ,-, Planning and Zoning Public Hearing; Unanimously recommended
approval
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Pub1 *1c Input
A sign was posted at the site,, notices were sent out to property owners
within 300' of the subject site, and the case was advertised in the
newspaper.
Neighborhood Meeting was held on August 19, 2024
No comments or questions to Staff
Staff & Planning and Zoneing Recommendation
Staff recommends approval of P- 24- 23 - PZ, subject to the condition of
approval found in the Staff Report
?
Questions
dso�e
Recommended Mot *ion
I move that the Apache Junction City Council approve case P-24-23- PZ, a rezoning request by
CGP Maintenance and Construction (owner), represented by Richard Clutter with Emc2 Group
Architects (applicant), for a rezoning of approximately 1 .43 acres of APN 101-02-0780 from
Medium Density Single- Family Detached Residential ( "RS-20M" ) and General Commercial ( "B-
1" ) to General Commercial ( "B- 1" ) to facilitate the construction of a 4, 213 square foot
construction office and a 10,000 square foot warehouse, subject to the following condition of
approval :
1 . The project shall be developed 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 ,
IN
&
P
Vicinity Map
P - 24 - 23 — PZ
624 N. Ironwood Dr.
APN: 101-02-0780
Rezoning request from General Commercial (B-1) and Medium Density
Single-Family Detached Residential (RS-20M) to General Commercial (B-1)
to facilitate the construction of a new 4000 square foot construction
office and a 9, 600 square foot warehouse .
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Date: 9/4/2024 A MENIMENOM
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Public Participation Report
Project: CGP Office &Warehouse
624 N. Ironwood Road,ApacheJunction
Case No.: P-24-23-PZ
October 2, 2024
Purpose: The purpose of this Public Participation Plan is to inform citizens, property owners,
neighbor associations, agencies, schools and business in the vicinity of this application for the CGP
Office &Warehouse. The site is located at 624 N. Ironwood Road. This is an application to modify
the existing RS-20M/B-1 Mixed Zoning of 1.34 acres to B-1 Zoning.
Contacts:
Richard Clutter Jim Robinson
1635 N Greenfield Rd #144 3658S16 th Street
Mesa, AZ 85205 Phoenix, AZ 85040
4808303838 8584547326
rclutter@emc2architects.com iim2cgpconstruction.com
Pre-Submittal Meeting: Staff directed residential and commercial neighbors within 300'are
contacted regarding the proposal and public hearing.
Progress Report:
1. Notification Letter was mailed to residential and business neighbors within 300'of the
property on July 24, 2024.
2. All contacts on the certified mailing list received the notification letter, site plan and
elevations of the proposed project.
3. Public information meeting was held on August 1 9th at the Apache Junction Public Library.
No community members attended.
4. Sign was posted on the property on September 201h and notarized affidavit of sign posting
was submitted.
Schedule:
Planning &Zoning Commission: October 8, 2024
City Council Hearing: November 5, 2024
1635 N Greenfield Rd, SUite '144, Mesa,AZ 85205
24 J u ly 2024
101-20-0900
Gaelen & Heather Anderson
1326 N 107 1h Street
Mesa, AZ 85207
RE: Case No. P-23-23-PZ, 624 N. Ironwood Road, Apache junction, AZ
Dear Neighbor,
An application has been filed with the City of Apache Junction to rezone the above noted property.
Property is currently dual zoned RS-20M (Residential) and B-1 (General Commercial.) The Owner
wishes to rezone the parcel to B-1 in its entirety to allow construction of a new 4,000 SF commercial
construction office and 9,600 SF warehouse. The Business, CGP Maintenance & Construction
Services, Inc. specializes in commercial interiors and millwork.
This letter is being sent to all property owners within 300 feet of the property to invite you to attend
a neighborhood meeting to discuss and comment on the project. Enclosed for your review is a copy
of the site plan and elevations of the proposed development.
The neighborhood meeting will be held on:
1 9th August 2024
5:30 pm
Location: Apache Junction Public Library-Amethyst Room
Address: 1177 N Idaho Road, Apache Junction, AZ 85119
If you have any questions regarding this meeting, e-mail Richard Clutter, EMC2 Group at
rc utter@gmc2ZrotjpQom.
Sincerely,
Jim Robinson, President
CGP Maintenance & Construction Services, INC.
Encl: proposed site plan/elevations
PLANNING & ZONING COMMISSION
DATE. Oct. 8, 2024 TIME: 7:00 P.M.
CITY COUNCIL HEARING
DA
TE: Nov. 5, 2024 TIME- 7.00 P.M.
SASE #: P-24-23-PZ
APPUCANT. EMC2 GROUP
PHONE#- 480-830-3838
PLACE: 300 E. SUPERSTITION BLVD.
APACHE JUNCTION,
, $5119
TO REZOW TO 8-110 PAC43TATE
Of',AN(WnCIE WM4 WARCHOUSE
Jf'WrEP PENA
ami PLmm4(WVXl,00-474-6093
fiA oLA ache Junction
_p_
Development Services Department
SITE PLAN & DESIGN REVIEW(DR)
APPROVAL LETTER
September 17, 2024
EMC2Group Architects
Attn: Richard Clutter
1635 N. Greenfield Rd. STE 144
Mesa, AZ 85205
Subject: CGP Construction & Maintenance DR(P-24-56-DR)
Dear Richard Clutter,
The Development Services Department completed the commercial site plan and design review
for CGP Construction & Maintenance.
This letter isto inform you thatyour design review has been approved.You can continue to move
forward with your existing rezoning case (P-24-23-PZ) - If the rezoning is approved by Council,
there is a mandatory 3o day waiting period before the rezoning is effective.
Please keep this approval letter for your records,
Best,
Erika Hernandez
Associate Planner I Development Services
City of Apache Junction
3oo E. Superstition Blvd.
(480)474-5491
ehernandgz,����
Hours: Monday-ThursdaY 7am-6pm; closed on Fridays.
1
Planning&Zoning—Building Safety&Inspection—Development Engineering—Revenue Dev.
3oo E. Superstition Boulevard - Apache Junction, AZ 8513.9 - Ph: (480) 474-5090
City ofApache Junction
Development Services Department
CITY COUNCIL
WORK SESSION STAFF MEMO
DATE: November 5, 2024
TO: Honorable Mayor and City Council Members
THROUGH: Bryant Powell, City Manager
Rudy Esquivias, Development Services Director
Sidney Urias, Planning Manager
FROM: Erika Hernandez, Associate Planner
CASE NUMBER: P-24-23-PZ
SUBJECT: Ordinance No. 1558
Proposed rezoning of approximately 1 .43 acres, by CGP
Construction and Maintenance of parcel 101-02-0780
currently split zoned General Commercial ("B-1") and
Medium Density Single-Family Detached Residential ("RS-
20M") to General Commercial ("B-l")
SUMMARY
The subject property is located near the southwest corner of Ironwood
Drive and Superstition Boulevard, parcel 101-02-0780, approximately
1 . 43 acres in size. The property is currently split zoned General
Commercial ("B-1") and Medium Density Single-Family Detached
Residential ("RS-20M") and is proposed to be rezoned General
Commercial ("B-1") to facilitate the construction of a 4, 213 square
foot construction office and a 10, 000 square foot warehouse.
PLANNING AND ZONING COMMISSION RECOMMENDATION
The Planning and Zoning Commission held a public hearing on October 8,
2024 (Exhibit #1) . The Commission voted unanimously to recommend
approval of the proposed rezoning. Ordinance No. 1558 represents
Staff' s and the Commission' s recommendation.
STAFF RECOMMENDATION
Staff recommends approval of the proposed rezoning case P-24-23-PZ,
subject to the conditions found in the Staff Report. Ordinance No.
1558 represents Stafffs and the Commissionfs recommendation (Exhibit
#3) .
Attachments :
Exhibit #1 : Commission Staff Report 10-8-2024 and Exhibits
Exhibit #2 : City Council Staff Memo 10-14-2024
Exhibit #3 : Draft Ordinance Number 1558
Exhibit #4 : Updated Site Planf Floor Planf and Elevations
"CGP Construction Rezoning"Case P-24-23-PZ
November 5,2024,City Council Public Hearing Staff Memo
City ofApache Junction
Development Services Department
Er��,,2 �tervu2vkAez
Prepared by Erika Hernandez
Associate Planner
"CGP Construction Rezoning"Case P-24-23-PZ
November 5,2024,City Council Public Hearing Staff Memo
ORDINANCE NO. 1558
AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY
OF APACHE JUNCTION, ARIZONA, AMENDING THE APACHE
JUNCTION, ARIZONA, ZONING ORDINANCE, BY AMENDING THE
ZONING DISTRICT MAP, CITY OF APACHE JUNCTION, ARIZONA,
CHANGING THE ZONING DISTRICT CLASSIFICATION FOR THE
PROPERTY DESCRIBED IN REZONING CASE P-24-23-PZ, A
PROPOSED REZONING FROM SPLIT ZONED GENERAL COMMERCIAL
("B-1") AND MEDIUM DENSITY SINGLE-FAMILY DETACHED
RESIDENTIAL ("RS-20M") TO GENERAL COMMERCIAL (-B-1") ;
REPEALING ANY CONFLICTING PROVISIONS; AND PROVIDING
FOR SEVERABILITY.
WHEREAS, the proposed rezoning does not conflict with the
surrounding general plan designations found in the immediate
neighborhood; and
WHEREAS, on October 8, 2024, the Apache Junction planning
and zoning commission recommended in a vote of 6 : 0, one member
being absent, to approve rezoning case NO. P-24-23-PZ to city
council; and
WHEREAS, pursuant to A.R. S . § 9-462 . 01 (1) , the city
council, before adopting any zoning ordinance or text amendment
of general applicability, shall consider the probable impact the
proposed zoning ordinance or text amendment would have on the
cost to construct housing for sale or rent; and
WHEREAS, the city council has determined the adoption of
this ordinance or text amendment will have no negative impact on
the cost to construct housing for sale or rent as delineated
under A.R. S . § 9-462 . 01 (J) .
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL
OF APACHE JUNCTION, ARIZONA, AS FOLLOWS :
SECTION I IN GENERAL
The zoning district classification on the zoning district map
for the parcel of land legally described as :
LOTS 23 AND 24, BLOCK 3, NEWTOWN, ACCORDING TO BOOK 5 OF
MAPS, PAGE 23 AND AMENDED IN BOOK 5 OF MAPS, PAGE 23A,
RECORDS OF PINAL COUNTY, ARIZONA.
EXCEPT THE EAST 17 FEET OF LOTS 23 AND 24, NEWTOWN,
ACCORDING TO BOOK 5 OF MAPS, PAGE 23 AND AMENDED IN BOOK 5
OF MAPS, PAGE 23A, RECORDS OF PINAL COUNTY, ARIZONA AS
CONVEYED TO THE CITY OF APACHE JUNCTINO IN RECORDING NO.
1999-010465 .
ORDINANCE NO. 1558
PAGE 1 OF 2
APN: 101-02-078
be and hereby is amended from General Commercial ("B-1") and Medium
Density Single-Family Detached Residential ("RS-20M") to General
Commercial ("B-l") subject to the following condition of
approval :
1) The property shall be developed in accordance with the
plans associated with the case on file with the development
services department as well as all applicable City zoning
ordinances and other city codes .
SECTION II REPEALING ANY CONFLICTING PROVISIONS :
All ordinances and parts of ordinances in conflict with the
provisions of this ordinance are hereby repealed.
SECTION III PROVIDING FOR SEVERABILITY:
If any section, subsection, sentence, phrase, clause or portion
of this ordinance, or any part of the code adopted herein by
reference, is for any reason held to be invalid or
unconstitutional by the decision of any court of competent
jurisdiction, such decision shall not affect the validity of the
remaining portions thereof.
PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
APACHE JUNCTION, ARIZONA, THIS DAY OF f 2024 .
SIGNED AND ATTESTED TO THIS DAY OF 2024 .
WALTER "CHIP" WILSON
Mayor
ATTEST:
JENNIFER PENA
City Clerk
APPROVED AS TO FORM:
RICHARD JOEL STERN
City Attorney
ORDINANCE NO. 1558
PAGE 2 OF 2
2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24
(0
SITE DATA TABLE
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PARCEL NO.: 101-02-0780
z
W TOTAL LAND AREA: 1.42 AC (62,000 SF)
EXISTING ZONING: B-1, RS-20M
0
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SETBACKS:
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C: REQUIRED PARKING:
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ENI� OF EX15TIN& 5TREET�I&HT
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- - - - - - - - - - - - - - - - - if-
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PUMP5TER- APN 101-02-0780
APN 101-02-092C
IMPERVIOUS SURFACE EXISTING: 0
FIRE
IMPERVIOUS SURFACE PROPOSED: EXCLUDE RETENTION
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PAVIN6 MAP NO. 04021 C001 5E, EFFECTIVE DECEMBER 4, 2007.
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OFFICE & WAREHOUSE
Learning Places & Growing Spaces
1635 N Greenfield Rd,Suite 144,Mesa,AZ 85205 P 480,830.3838 www.emc2architects.com
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T.O. CAP
ELEVATIONS $ SECTIONS, FOR CLARITY REFER TO ALL PLANS FOR
0" A.F.F. ADDITIONAL INFORMATION.
B. ALL EXTERIOR BUILDIN(55 TO RECEIVE NEkN FAINT FINISH, TH15
T.O. SLAB INCLUDES: kNALL5, DOORS, FRAMES, NINPON FRAMES, RAILS,
N 171. 6RILLE5, PIPES ETC.
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DIFFERENT BUILDINO MATERIALS AND kNHERE BUILDIN& MEETS
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I��. SEE ELECTRICAL PRAkNINC75 FOR ALL EXTERIOR LI&HTIN& AND
1 5OUTH ELEVATION j 17 TRA5H ENCL05URE 51PE TYF. 5FEGIAL SYSTEMS FIXTURES THAT ARE TO BE ATTACHED TO THE
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Learning Places & Growing Spaces
1635 N Greenfield Rd,Suite 144, Mesa,AZ 85205 P 480.830.3838 www.emc2architects.com
DRAWING TITLE:
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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24
City ofApache Junction
Development Services Department
CITY COUNCIL
WORK SESSION STAFF MEMO
DATE: October 14, 2024
TO: Honorable Mayor and City Council Members
THROUGH: Bryant Powell, City Manager
Rudy Esquivias, Development Services Director
Sidney Urias, Planning Manager
FROM: Erika Hernandez, Associate Planner
CASE NUMBER: P-24-23-PZ
SUBJECT: Proposed rezoning of approximately 1 . 43 acres, that is
currently split zoned General Commercial ("B-1") and
Medium Density Single-Family Detached Residential ("RS-
20M") to General Commercial ("B-1")
SUMMARY
CGP Maintenance and Construction proposes a rezoning of approximately
1 . 43 acres, that is currently split zoned General Commercial ("B-1")
and Medium Density Single-Family Detached Residential ("RS-20M") to
General Commercial ("B-1") to facilitate the construction of a 4, 000
square foot construction office and a 9, 600 square foot warehouse.
PLANNING AND ZONING COMMISSION RECOMMENDATION
The Planning and Zoning Commission held a public hearing for P-24-23-
PZ on October 8, 2024 . Please see attached Staff Report and exhibits
presented to the Planning and Zoning Commission.
Attachments :
Exhibit #1 : Planning and Zoning Commission Staff Report 10-8-2024
Exhibit #2 : Ordinance Number 1054
Exhibit #3 : P-24-23-PZ Application Materials
Exhibit #4 : P-24-56-DR Application Materials
Exhibit #5 : P-24-23-PZ Vicinity Map
Exhibit #6: P-24-23-PZ Final Public Participation Report
Exhibit #7 : P-24-56-DR Approval Letter
"CGP Construction Rezoning"Case P-24-23-PZ
October 14,2024,City Council Work Session Staff Memo
City ofApache Junction
Development Services Department
t U111 V"T
PLANNING AND ZONING COMMISSION
PUBLIC HEARING STAFF REPORT
DATE: October 8, 2024
CASE NUMBER: P-24-23-PZ
OWNERS: CGP Maintenance & Construction
APPLICANT: Emc2 Group Architects, represented by Richard
Clutter
REQUEST: Proposed rezoning of approximately 1 .43 acres,
that is currently split zoned General Commercial
("B-l") and Medium Density Single-Family Detached
Residential ("RS-20M") to General Commercial ("B-
ill)
LOCATION: The property is generally located near the
southwest corner of Ironwood Drive and
Superstition Boulevard
GENERAL PLAN/
ZONING DESIGNATION: General Commercial (B-1)
SURROUNDING USES: North: General Commercial (B-1)
East: High Density Multiple-Family Residential by
Planned Development (RM-2/PD) and Medium
Density Single-Family Detached Residential (RS-
20M)
South: Medium Density Single-Family Detached
Residential (RS-20M)
West: Medium Density Single-Family Detached
Residential (RS-20M)
BACKGROUND
According to the Pinal County Assessor, a conventional home was built
on the subject property in 1946 and in 1947, the lot became part of
the Newtown Subdivision, comprised of lot numbers 23 and 24 . In 1998,
a portion of lot number 24 was rezoned from General Rural Zone ("GR")
to Conventional Single-Family Homes ("CR-2") through Ordinance Number
1054 (Exhibit #1) and Case Number (PZ-16-98) .
At the time, GR permitted one conventional or one manufactured home,
with a minimum lot size of 1 .25 gross acres and CR-2 allowed a
1
"CGP Construction Rezoning"Case P-24-23-PZ
October 8,2024,Planning and Zoning Commission Staff Report
City ofApache Junction
Development Services Department
t U111 V"T
conventional home, with a minimum lot size of 20, 000 square feet.
According to the zoning case files, the rezoning was intended to
facilitate a lot split to build a conventional home on the new lot;
however, no split occurred, and the property continued to be split
zoned GR and CR-2 .
At some point, the property was then split zoned General Rural Zone
("GR") and Neighborhood Commercial/Convenience District by Planned
Development ("C-1/PD") ; however, no ordinance or case number could be
located to provide proof of a rezoning. Staff believes an error
occurred that caused the zoning map to reflect the split zoning of GR
and C-1/PD. When the City adopted a new Zoning Ordinance and zoning
district maps in 2014, the property was zoned then zoned seemingly
appropriately to Medium Density Single-Family Detached Residential
("RS-20M") and General Commercial ('\B-1") .
On April 27, 2023, Richard Clutter of Emc2 Group Architects,
representing CGP Maintenance and Construction, applied for a Pre-
Application Review (P-23-36-PDR) for a proposed construction office
and warehouse. Mr. Clutter received Staff comments on May 22, 2023,
and formally applied for a Rezoning (Exhibit #2 : P-24-23-PZ) on March
4, 2024, and a Site Plan and Design Review (Exhibit #3: P-24-56-DR) on
June 25, 2024 .
PROPOSALS
P-24-23-PZ is a proposed rezoning of parcel 101-02-0780 (Exhibit #4) ,
located near the southwest corner of Ironwood Drive and Superstition
Boulevard to facilitate the construction of a 4, 000 square foot
construction office and a 9, 600 square foot warehouse.
PLANNING STAFF ANALYSIS
Relationship to General Plan:
The subject site is 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.
ZoninglSite Context:
The approximate 1 .43 acre property is a privately owned parcel
surrounded by commercial to the north, multi-family and single-family
residential to the east, and single-family to the south and to the
west.
2
"CGP Construction Rezoning"Case P-24-23-PZ
October 8,2024,Planning and Zoning Commission Staff Report
City ofApache Junction
Development Services Department
t U111 V"T
Public Input:
Neighborhood meeting notification letters were sent to property owners
within a 300-foot radius . On August 19, 2024, the applicant
facilitated a neighborhood meeting in-person at the Apache Junction
Library, to which no one attended (Exhibit #6) .
PLANNING DIVISION RECOMMENDATION
Staff is supportive of the proposed rezoning request because of its
conformance with the Zoning Ordinance and the 2020 General Plan. The
applicant has also met site plan and design requirements (Exhibit #5) .
RECOMMENDED MOTION
I move that the Planning and Zoning Commission recommend to the Apache
Junction City Council the approval of case P-24-23-PZ, a rezoning
request by CGP Maintenance and Construction (owner) , represented by
Richard Clutter with Emc2 Group Architects (applicant) , for a rezoning
of approximately 1 .4 acres of APN 101-02-0780 from Medium Density
Single-Family Detached Residential ("RS-20M") and General Commercial
("B-1") to General Commercial ("B-1") to facilitate the construction
of a 4, 000 square foot construction office and a 9, 600 square foot
warehouse, subject to the following conditions of approval:
1) The project shall be developed 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.
Er��z2 �fervovOez
Prepared by Erika Hernandez
Associate Planner
Attachments:
Exhibit #1 : Ordinance Number 1054
Exhibit #2 : P-24-23-PZ Application Materials
Exhibit #3 : P-24-56-DR Application Materials
Exhibit #4 : P-24-23-PZ Vicinity Map
Exhibit #5 : P-24-23-PZ Final Public Participation Report
Exhibit #6: P-24-56-DR Approval Letter
3
"CGP Construction Rezoning"Case P-24-23-PZ
October 8,2024,Planning and Zoning Commission Staff Report
ORDINANCE NO. 1054
- AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE
JUNCTION, ARIZONA. AMENDING THE A2Kff_1UK!1QY—!KZQM.,_Z�
Q9WkA_NU, BY AMENDING THE Z21NQ_2LH61C!_M9_,=Y�F A�FAH�
JU���AR �NA, CHANGING THE ZONING DISTRICT CLASSIFICATION IN
REZONING CASE PZ-98-16 FROM GR (GENERAL RURAL, CONVENTIONAL OR
MANUFACTURED SINGLE-FAMILY HOMES ON 1.25-ACRE GROSS MINIMUM
LOTS)TO CR-2 (CONVENTIONAL SINGLE-FAMILY HOMES ON 11.000-NET
SQUARE FOOT MINIMUM LOTS IN APPROVED SUBDIVISIONS) : REPEALING ANY
CONFLICTING PROVISIONS; AND PROVIDING FOR SEVERABILITY.
BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,
ARIZONA, THAT:
SECTION L-IN-LENE-RAL
The zoning district classification on the
JD_C!LQN,__A_R1ZQ_NA. for the parcel of land described as:
The East 160 feet of Lot 24, Block 3, Newtown, according to the plat of
record in the office of the County Recorder of Pinal County, Arizona, in
Book 5 of Maps, page 23A. and amended in Book 5 of Maps. page 23A. and
includes the East 33 feet half right-of-way for Ironwood Drive,
be and hereby is amended from GR (General Rural , conventional or manufactured
single-family homes on 1.25-acre gross minimum lots) to CR-2 (conventional
single-family homes on 11,000-net square foot minimum lots in approved
subdivisions) , subject to the following stipulations:
1) Property owners must have obtained approval of the City of Apache
Junction land split pursuant to Volume II of the Apache Junction City
Code, Land Development Code, Chapter 2. Article III ; record the
resulting deeds with the Pinal County Recorder; and complete
construction of a single-family residence on the new lot all within 24-
months from the date of the City Council approval . If not, the zoning on
the property may be subject to reversion to the original zoning
classification by City Council action. pursuant to the provisions of
Arizona Revised Statutes Annotated (A.R.S). § 9-462-01 (E) .
ORDINANCE NO. 1054
PAGE 1 OF 3
2) Property owner(s) must dedicate the West 17 feet of the East 50 feet
of the subject property to the City. thus creating a 50-foot half-street
4-width to the centerline of Ironwood Drive,
3) The propery owner(s) shall agree to dedicate the East 17 feet of Lot
23 in the Newtown subdivision to the City, thus creating a 50-foot half-
street width to the centerline of Ironwood Drive,
4) All requirements of the proposed zoning district (CR-2) . Development
Fees. and all other applicable regulations that apply to the above
referenced property must be met,
All ordinances and parts of ordinances in conflict with the provisions 'of this
ordinance or any part of the code adopted herein by reference are hereby
repealed.
If any section, subsection, sentence, phrase, clause or portion of this
ordinance, or any part of the code adopted herein by reference is for any
reason held to be invalid or unconstitutional by the decision of any court of
competent jurisdiction, such decision shall not affect the validity of the
remaining portions thereof.
PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE
JUNCTION, ARIZONA, THIS -LSTL DAY OF SEPTEMBER . 1998.
SIGNED AND ATTESTED TO THIS --�—TH DAY OF SEPTEMBER _, 1998.
,DUr� 7
�DDUGLAS COL MAN
Mayor
ATTEST-
ORDINANCE NO, 1054
PAGE 2 OF 3
KATHLEEN CONNELLY
City Clerk
APPROVED AS TO FORM:
9.1-98
RICHARD JOEL STERN
City Attorney
ORDINANCE NO. 1054
PAGE 3 OF 3
Z
78- - 79
1.1 ive.
t.Aj
Q�(2)-D-.
4 4
Project Name: CGP Construction Office &Warehouse
624 N. Ironwood
Parcel No: 101-020-780
Subject: P-23-23-PZ
Project Narrative
To: Erika Hernanadez, Associate Planner
City of ApacheJunction Planning &Zoning
From: Richard Clutter, Project Architect
Date: May 3, 2024
Remarks:
We are pleased to submit the enclosed information to the City of Apache
Junction Planning &Zoning Board. The project consists of a new 4,000 SF
commercial construction office and 9,600 SF warehouse located at 624 N.
Ironwood Road. The Owner intends to occupy the entire building but wants the
flexibility of leasing out the building as two equal-sized suites in the future. The
Business, CGP Maintenance & Construction Services, Inc. specializes in
commercial interiors and millwork for national franchise restaurants. They
currently have operations in Phoenix and San Diego. The intent will be to
relocate the Phoenix shop to Apache Junction along with 10-12 employees to
sta rt.
The Owner wishes to rezone the entire lot to B-1 in order to operate his
construction business. The parcel is currently split zoned, with the 1 00'square
portion of the northeast corner of the parcel zoned B-1, and the remainder of
the site zoned RS-20M. The adjoining parcel north of the site is zoned B-1, while
the remaining contiguous parcels are zoned RS-20M. This property falls within
the "General Commercial" General Plan Designation.
The Owner intends to improve the entire site and remove all existing structures.
The property has numerous Sahuaro Cactus which will be salvaged and
relocated on the site. Site drainage will be surface drained to a combination of
surface and undergound retention basins located along the south and west
property lines. Retention basins, frontage and parking will be landscaped to
comply with zoning regulations, to screen parking and to provide a landscape
yard between residential zoned lots.
1635 N Greenfield Rd, SUite '144, Mesa,AZ 85205
6'-0" masonry walls have previously been constructed on the north, south and
west property lines. The property to north has a view fence facing the Ironwood
Road frontage. The intention is to continue the view fence along Ironwood
frontage on this property located at the front setback along with a double gate
to be closed outside of normal working hours. Existing 6'-0"walls bordering
residential zoning will be raised to 8'-0".
New buildings will be blend of masonry, stone and stucco with aluminum
storefront windows, and low slope roofs screened by parapets. All HVAC
equipment will be roof mounted behind the parapet walls. Materials have been
selected provide an attractive and upscale commercial property in character
with newer development along Ironwood and to generate higher rents.
The business does not utilize any heavy equipment. Work trucks will be parked
in the gated parking area at the rear of the property. There will be no storage
containers located on the site. Parking in the front, for employee and customer
vehicles, will be screened and landscaped per code. In addition to daily UPS and
FeclEx deliveries, there will be 3 to 5 semi tractor trailer deliveries each month
during normal business hours of 7 AM to 5 PM. Trucks will be able to drive
around the building to facilitate loading and maneuvering.
This project addresses the need for small industrial lease space that is not well
served by existing properties. Additionally, the proposed development will
activate a currently underutilized property that will support more jobs near the
downtown core and contribute to the re-vitalization of the downtown area. We
welcome your comments and input.
L
:if OFFICIAL RECORDS OF
PINAL COUNTY RECORDER
Dana Lewis
Electronically Recorded
DATE/TIME: 12/28/2022 1200
FEE: $30.00
PAGES: 24
FEE NUMBER: 2022-125813
RECORDING REQUESTED BY�
E �i Titj g y
rn�pire Title eAgency
.. .... .......
WHEN RECORDEDWAILTO:
Err�pire T�tle-Age__ncy- Pill5ert
225 Ef�Germann Rd!-Ste 170
Gilbert, Af-8526'7-
FILE NO.: 1785944
SPACE ABOVE THIS LINE FOR RECORDERS USE
Re-Recording Deed of Trust to correct Legal,Description as follows:
Lots 23 and 24, Block 3, NEWTOWN, accord i ngj6'B�k�5of.Maps, Page 23 and
Amended in Book 5 of Maps, Page 23A, Records of Pinal County, Arizona.
Except the East 17 Feet of Lots 23 an'd'�24, NEWTCW�'N, -according to Book 5 of
Maps, Page 23 and Amended in Book 5 of Maps,.Page 23A, Records of Pinal
County, Arizona as conveyed to the City-of Apache Junction in Recording No.
1999-0104615".
APN : 101-02-078
(ATTACHMENT TO THE DOCUMENT ABOVE�BEING RECORDEDO
U OFFICIAL RECORDS OF
PINAL COUNTY RECORDER
Dana Lewis
%t Electronically Recorded
DATEITIME: 09/1612022 1448
FEE: $30.00
PAGES: 23
FEE NUMBER: 2022-099242
EMPIRE AGENCY
9S jjLj
Recoraing i�xquum,d By:
NexBank
S
ub'-
d
3y--o'
And ARer Recording Return To:
S
0
Indecom Global Services/0'
1427 Ehergy Park Dr�ve,jMail Stop Code: FN-NB-9910
Saint Paul, Minnesota 55loB
Ix)an NLmiber: 64107865
This Line,For Recording Data]
DEED OF TRUS
MIN: 1007531-0064107865-9 MERSPhone: 888-679-6377
DEFINITIONS 0
Words used in multiple sections of this document are defined below and otl cr words are defined tinder the caption
IVIE�
TRANSFER OF RIGHTS IN THE PROPERTY and in Sections 3, 4, 10:'-1 1 12 16 19, 24, and 25. Certain rules
regarding the usage ofwords used in this document are also provided_in I Section'17.'
Parties
(A) "Borrower"is LOREN JAMES ROBINSON, A MARRIED MJA14 AS HIS—SOLE,,AND,SEPARATE
PROPERTY AND NICOLE CARAVEO, A MARRIED WOMAN A�HER SOLE AND SEPARATE
PROPERTY 7
currently residing at 10420 Timberlane Way, Santee, California 92071
Borrower is the trustor under this Security instrument.
(B) "Lender"is NexBank
Lender is a A TEXAS CORPORATION rganized-and e)(isting<under�the laws Of
TEXAS Lender's mailing address is 2515 McKinneyo,;rvenue��'1700,
Dallas, Texas 75201
Lender is(he beneficiary under this Security instrument, Tile term "Lender" includes anysuccessors and ass-i—gns cf*
Lender.
(C) "Trusteellis Empire Title Agency
Trustee's mailing address is 225 E. Germann Road , 170, Gilbert, Arizona 85297
The term"Trustee" includes any substitute/successor Trustee. Qna \
ARIZONA -Single Family- Fannie Mae/Freddie Mac UNIFORM INSTRUMENT(MERS)
Form 3003 0712021 00cmagic
oc 16
Page 1 of 19
11111111111111111111111111111
(D) I'M ERS"is'Mortgage Electronic Registration Systems, Inc. MERS is a separate corporation that is acting solely
. :>11 I
a -noniince for Lender andLender's successors and assigns. MERS is the beneficiary under this Security
s-a A
Instrument. MERS is or_"nized1nd existing under the laws of Delaware, and has an address and telephone number
ga I
1.48501-2026. tel. (888) 679-MERS.
of P.O. Box 2026,,Flint, M
ents
Docurn 75��
(E) "Note"means the promissory note dated September 13, 2022 and signedby each Borrower
who is legally obligated for I the_-`deb�undcr that promissory note, that is in either (i) paper form, using Borrower's
written pen and ink siggature, �(ii) electronic form, using Borrower's adopted Electronic Signature in accordance
with the UETA or E-SIGN,,as applicable. The Note evidences the legal obligation of each Borrower who signed the
- TWO HUNDRED SEVENTY-THREE THOUSAND SIX HUNDRED AND 00/100
Note to pay Lendel
\\Dollars (U.S. S 273,600.00 plus interest.
Nc
0
;I
Each Borrower who signed tl Jc,h as promised'to pay this debt in regular monthly payments and to pay the debt
in full not later than /
/October 1, 2052
(F) "Riders" means all Riders' to this Security Instrument that are signed by Borrower. All such Riders are
I I
incorporated into and deemed 'to be a part of this Security Instrument. The following Riders are to be signed by
Borrower [check box as app I licAlc]:
nium Rider,
J Adjustable Ratc Ridej Condon i I
1-4 Family Rider
_lo
f—I—Planned Unit Developmelit Rider
aientRider
Second Horne Rider El Other(s) [speclry]:,_�\
(G) "Security Instrument"means this document, which is dated September 103, 2022 together
with all Riders to this document.
Additional Definitions
(H) "Applicable Law"nicans all controlling applicable. edcral,,statc, and local'statutes, regulations, ordinances,
and administrative rules and orders(that have the effect orlaw)-as well as all applicable fma',\, non-appealable judicial
opinions. 6�z ---�
(1) "Community Association Dues, Fees, and Assessments"means all,d assessrne�n s,and other charges
that are imposed on Borrower or the Property by a condominium /association, homeowners,association. or similar
organization.
(J) "Default" means: (i) the failure to pay any Periodic Paynilt J any other amoun�scc2ed by this S-C'c^ur;ly
(ii) a breach of any representation, warranty, covenant, obligation, oragreement in
Instrument on the date it due
this Security instrument. 0ii) any materially false, misleiding, or inaccurate information or statemen I t,to Lender
provided by Borrower or any persons or entities acting at Borrower's direction-or,with Borrower's,Irnow ledge or
consent, or failure to provide Lender with material information in connection with the Lo`5n, as described in Section
8; or(iv) any action or proceeding described in Section 12(e).
(K) "Electronic Fund Transfer"means any transfer of funds, other than a trdi��n'o"r�iginatcd by�c�heck, draft,
or similar paper instrument, which is initiated through an electronic terminal, Itelclihonic instrument, computer, or
magnetic tape so as to order, instruct, or authorize a financial institution to debit or credi�_an-account. Such"term
ARIZONA- Single Family- Fannie Mae/Freddie Mac UNIFORM INSTRUMENT (MERS) bocMagic
Form 3003 07)2021
Page 2 of 19
1111111111411111111111111111111111111111111111111111111 IN IN
includes, but 's'not limited to, point-of-sale transfers, automated teller machine transactions, transfers initiated by
N
telephone-or other electron I ed'evice capable of communicating with such financial institution, wire transfers, and
automated clearinghouse,transfers.
(L) "Electronic Signature-"means an "Electronic Signature" as defined in the UETA or E-SIGN, as applicable.
(M) "E-SIGN"means,the Electronic Signatures in Global and National Commerce Act(15 U.S�C. § 7001 et seq.),
as it may& amended fi-om time to time, or any applicable additional or successor legislation that governs the same
subject matterl-1-
N) "Escrow Items" means.. (i) ta
. , ,xc, and assessments and other items that can attain priority over this Security
Instrument as a lien or encumbrfi'nce on'the Property-, 0i) leasehold payments or ground rents on the Property, irany;
(iii) premiums for any and`�Il insur-a'nee required by Lender under Section 5; (iv) Mortgage Insurance premiums, if
any, or any payableby Borrower to-Lender in lieu of the payment of Mortgage Insurance premiums in
accordance with t �e provisions of Section 11; and(V)Community Association Dues, Fees,and Assessments if Lender
requires that they be escrowed beginning-at-1:oariclosing or at any titne during the Loan term.
(0) "Loan" means the debt/obligatiSn evidenced by the Note, plus interest, any prepayment charges, costs,
expenses, and late charges due under the Note, and all sums due under this Security Instrument, plus interest.
(P) "Loan Servicer"meart's 1het entity that has the contr'actual right to receive Borrower's Periodic Payments and
any other payments made by Borrower, and administers thel Loan on behalf of Lender, Loan Servicer does not include
a sub-servicer. which is an entityqhat may service the Loan on behalf of the Loan Servicer.
(Q) "Miscellaneous Proceeds"nicans.any,compensation, settlement, award'of damages, or proceeds paid by any
third party (other than insurance,proceeds paid.under the cov\erag-es described in Section 5) for: (i) damage to, or
N
destruction of, the Property; (ii) condErnnation or other takin'g"ofall or any part Of the Property; (Iii) conveyance in
lieu of condemnation; or (Iv) misrepresentations of, or,66-inissions'as t\o, the value and/or condition of the Property.
(R) "Mortgage Insurance"means insurance prote-11,
cling Lender against the nonl5—ayment of, or Default on, the Loan.
1-1 ;01 V.-
(S) "Partial Payment"means any payment-by Borrower, other tha\n a voluntary prepayment permitted under the
Note, which is less than a fbil outstanding sPeriodic Payment. pri- ci�
. n p I and\interest under the Note,
(T) "Periodic Payment" means the regui'arly-scheduled arnountl(��ue for
plus (6) any amounts under Section 3. "",' V
(V) "Property" means the property described bclo4�derlhe heading "TRANL�OF RIGHTS IN THE
PROPERTY."
(U) "Rents"means all amounts received by or due,13orrower in connection with the lease, use, and/or occupancy
of the Property by a party other than Borrower.
(W) "RESPA"means the Real Estate Settlement ProccduresAct 0 U'S,C. § 2601 el seq.) and its implementing
regulation, Regulation X (12 C.F.R. Part 1024), a-, thev,m`ay be,amended from-time-toAime, or any additional or
successor federal legislation or regulation that governs the sarne subject matter. When used in this Security Instrument,
"RFSPA" refers to all requirements and restrictions that would apply to a "fedei�_,_Iy related mortgage loan" even if
the Loan does not qualify as a "federally related mortgage loan" tinder RESPA.
(X) "Successor in Interest of Borrower"means any party that hals taken title to the Prop)rty,�vhether or not that
party has assumed Borrower's obligations under the Note and/or this Sl'�curity Instrument'
(Y) "UETA" means the Uniform Electronic Transactions Act, as e%naclted by the jurisdiction in which the Pi�opaer y
is located, as it may be amended from time to time, or any applicableNadditional or.successor legislation'that governs
the same subject matter.
ARIZONA - Single Family- Fannie MaelFreddic Mac UNIFORM INSTRUMENT (MERS) bocmagic
Form 3003 0712021
Page 3 of 19
11111 fli 1111111111111111
TRANSFER,OF PJGHTS IN THE MOPERTY
'1��
Tile beneficiary ofthis-Security-'Instrument is MERS (solely as nominee for Lender and Lender's successors and
I
assigns) and the successors-and as`si4ns of mrizs. nis Security Instrument secures to Lender (i) the repayment of
tile Loan, and"a�li renew`-Lils, ex(Nensions. and modii-ications of tile Note, and (ii) the performatic of Borrower's
covcnants'and agreements under this Security Instrument and the Note. For this purpose, Borrower irrevocably grants
and conve
,ys,tdTrustee, in trust, with 1
power Of sale, tile f'ollowing described property located in the
�1/ *
COUNT of PINAL
12
[Type of Rccor;&g Jurisdiction] [Name of Recording Jurisdiction]
SEE LEGAL DE'SCRIPTION ATTACHED-HERETO AND MADE A PART HEREOF AS EXHIBIT "A" .
A.P.N. : 101-02-078
"'�Ironwood Dr
which currently has the address of 624(N
(Street]
Apache Junction Arizona ("Property Address");
[City] [Zlp.0
TOGETHER WITH all the improvements now or su nt y erectt 06 ,
bseque -d�n the property, including replacements
. __1
and additions to the improvements on such property, all prop-erty rights, ine'luAng, without limilation, all easements,
appurtenances, royalties, mineral rights, oil or gas rigj�ts or profits, water I 1_�
rights,�and fixtures now or subsequently
a part of the property. All of the foregoing is rcfer`red_to,in'this Security Instrument as the "Property." Borrower
understands and agrees that MERS holds only legal title to the interests granted by Borrower in this Security
Instrument, but, if necessary to comply with law or custorri, MERS'(as nominee for Lender and Lender's successors
and assigns)has the right: to exercise any or all of those interests, includiin-g, but not limited to, (lie right to foreclose
and sell the Property; and to take ally action required of Lefn*der including, but,nof liRt—ted,to, releasing and canceling
this Security Instrument. \I-,,- X<
BORROWER REPRESENTS, WARRANTS, COVENANI , �\
FS A D AGREES thit: 0)\Borrower lawfully owns
and possesses tile Property conveyed in this Security Instrument in' fec�simple or lawfully has the right to use and
occupy the Property under a Icasehold estate; 00 Borrower has �the 'right to grant and,c/onve'y the PropertNr
I -
Borrower's leaschold interest in the Property, and (iii) tile Proper I is turiencumberccl, and1not/subject to an`�',othc\r
I Y\ I -
ownership interest ir. the Property, except for encumbrances and owners'hip interests of record. Borrower warrants
generally the title to the Property and covenants and agrees to defend"the title to the Property against a0claims and
demands, subject to any encumbrances and ownership interests of rccord�'as-oftodan closing-"'
TNIS SECURITY INSTRUMENT combines uniform covenants for national use with limited variations and
11011-uniform covenants that reflect specific Arizona state requirements to consi-itute a4il"Iform securitT instrument
covering real property, y
ARIZONA- Single Family- Fannie Mae/Freddie Mac UNIFORM INSTRUMENT (MERS)
Form 3003 07/2021 Page 4 of 19 !�ADoc!Iagi�
rUNIFORM""COVENANTS. Borrowerand Lender covenant and agree as follows:
1l.—P#Yment of Principail�lntercst, Escrow Items, Prepayment Charges, and Late Charges. Borrower will
pay each Periodic Paynient'when d1tie. Borrower will also pay any prepayment charges and late charges due under the
Note, and any other'-a`mounts-d`ueunder this Security Instrument. Payments due under the Note and this Security
"s,
Instrument must'be made�in U.S. cu\rrency. If any check or other instrument received by Lender as payment under
the Note I
,,or this Scc"u'rity Instrument is returned to Lender unpaid, Lender may require that any or all subsequent
payments due.under the Note and thislSecurity Instrument be made in one or more of the following forms, as selected
by Lender: (a)cash;(b)money order; (c),certified check, bank check,treasurer's check, or cashier's clieck, provided
any such check is drawn up9nan institution whose deposits are insured by a U.S. federal agency, instrumentality,
or entity; or (d) ElectronicTund Transfer.
Payments are deerned received by Lender when received at the location designated in the Note or at such other
location as may be designal'ed by Lendc-r—inac-c`or-dance with the notice provisions in Section 16, Lender may accept
or return any Partial 4ayments in4ts sole,discretion \Pursualit to Section 2.
N \ .
Any offset orclairn that B-011-rower may ave now or in tile future against Lender will not relieve Borrower from
e le, \
making the full amount of aWpayppients due rider the Note and this Security Instrument or performing the covenants
illis Security Instrument.
and agreements secured by t ' 1
2. Acceptance and Application of Payments or Proceeds.
(a) Acceptance and Ap lication of Part
P tal,Payments. Lender mayacceptand either apply or hold in suspense
Partial Payments in its sole discretion.Lin accordance with this ection,2r—Lender is not obligated to accept any Partial
'\I,Payments at the'time such payments are.accepted, and also is not obligated to pay
-tia
Payments or to apply any Pal
interest on such unapplied funds. Lender-ma�rhold such unapplied flinds until\Borrower makes payment sufficient to
cover a full Periodic Payment, at which time the amount"Of the,full Nriodic Payment will be applied to the Loan.
If Borrower does not make such a payment within,a reasonable period of time,-Lender will either apply such funds
in accordance with this Section 2 or return them to Borrower. if not applied earlier, Partial Payments will be credited
against the total amount due under the L-`oan in"c"alculating the amount duel-n--`connection with any foreclosure
proceeding, payoff request, loan modification, or reinstatement.,Uender may accept any payment insufficient to bring
the Loan current without waiver of any rights under this Sec -� \ \ , \.
i urity Instrument or prejudic�to�its rights to refuse such
payments in the future. 66,:� ,,� -
(b) Order of Application of Partial Payme Teriodic Paynients:-nExcept as otherwise described in this
Section 2, if Lender applies a payment, such paymept,4i I be applied to,ca�c-h Periodic Payment in the order in which
it became due, beginning with the oldest outstanding Periodic Payment,,as follows: first to interest and then to
principal due under the Note, and finally to Escrow Items. If all'outstanding Periodic Payments then due are paid in
full, any payment amounts remaining may be applied to I I I'*-
ate charges and to anyamounts then due under this Security
instrument. If all sums then due under the Note and this�Iccurity-Instrumenflare paid in full�any remaining payment
aniount rilay be applied, in Lender's sole discretion. to a fu`turc Periodic"Paymen-t or to reduce4he principal balance
of the Note.
If Lender receives a payment fi-orn Borrower in the amount of one/or"more Periodic P)yrlts and the amount
of any late charge due for a delinquent Periodic Payment, the payme'rit n1lay be applied to the'iJehn'quent payrnent-and
the late charge.
When applying payments, Lender will apply such pay
merits in accordance with Apr�Iicable Law
-�—-It
(c) Voluntary Prepayments. Voluntary prepayments will be applied as described in the Not'e�'
(d) No Change to Payment Schedule. Any application of paym'e'ritsi-insura'rice proceeds, or,Miscellaneous
Proceeds to principal due under tile Note will not extend or postpone the due date, or'6hange,tlI'e'amount, of the
Periodic Payments.
3. Funds for Escrow Items.
(a) Escrow Requirement; Escrow Items. Borrower must pay to Lender onA e day Periodic Payznlent�s a�reue
under the Note, until the Note is paid in full. a suin of money to provide for payment of amounts-due for all Es'crow
ARIZONA - Single Family- Fannie Mae/Freddie Mac UNIFORM INSTRUMENT (MERS)
Form 3003 07/2021 DocMagic
Page 5 of 19
11111 fill 111111111111111111111111111111 11111111111111111111111 fill 1111
Items (the "Fund§"). The arnount of the Funds required to be paid each month may change during the term of the
�10_an.-Borrower must promptly hirnish to Lender all notices or invoices of amounts to be paid under this Section 3.
(b) Payment of Fun�is; Wgiver. Borrower inust pay Lender the Funds for Escrow Items unless Lender waives
this obligation in writing. Lender mly,,wmve this obligation for any Escrow Item at any time. In the event of such
waiver, Borrower mLISt1pay directly, when and where payable, the amounts due for any Escrow Items subject to the
waiver. If,Lender,45's waived the requit"ement to pay Lender the Funds foi- any or all Escrow Items, Lender may
require Borrower to provide proof of direct payment of those items within such time period as Lender may require.
Borrower's obligation to make such timely payments and to provide proof of payment is deemed to be a covenant and
a-reement of Borrower undcr.thi-sSecurity Instrument. If Borrower is obligated to pay Escrow Items directly pursuant
to a waiver,and Borrower fails to,pay timely the amount due foran Escrow Item, Lender may exercise its rights under
Section 9 to pay SLIch,amount,and Borrower-will be obligated to repay to Lender any such amount in accordance with
Section 9.
Lender may M4�the waiver as-to-any or all Escrow Items at any time by giving a notice in accordancewith
Section 16; upon such wi thdrawal,,Borrower ust pay to Lender all Funds for such Escrow Items, and in such
amounts, that are then requir'e'd u4er this Section 3.
(e) Amount of Funds; Application of unds. Lcler may, at any time, collect and hold Funds in an amount
up to, but not in excess of, the nl1lximum amount a lender 'Can require under RESPA. Lender will estimate the amount
of Funds due in accordance witll�Applicable LaNv/
The Funds will be held in*an iiistitution-;VrhosFdeposits�are,insurc--d—by-'aU.S. federal agency, instrumentality,
or entity (including Lender, 'Lender is an institAition whose deposits are so insured)or in any Federal I-lame Loan
Bank. Lender will apply the Funds to-pay-th-e-Escrow Items-In-o later'than the time specified under RESPA. Lender
may not charge Borrower for: (i)holding and applying-the Funds�'(ii)Nnnually analyzing the escrowaccount; or(iii)
verifying the Escrow Items. unless Lender pays Bo""oweri
rr nterest on the Funds-an-dApplicable Law permits Lender
and orrowe
to make Such a Charge. Unless Lendei
3 ,ragree in writing or Applicable Law.requires interest to be paid
oil the Funds, Lender will not be requirc&"to pay,Borroxver any interest or earnings on the Funds. Lender will give
to Borrower. Without charge, an annual accounting ofthe Funds as required by RESPA,
(d) Surplus; Shortage and Deficiency of' Funds. In accordance withRESPA, ifnthcre is a surplus of Funds
held in escrow, Lender will account to Borrower for such surplus, If Borrower's,Periodic,Payment is delinquent by
ays, Lender may retain tile surplus ill tile escrow account for the'payment of the Escrow Items. If there
more than 30 d,
is a iliortage or deficiency of Funds held in escrow\,.L�nder will notify,Bo`rrowerand Borrower will pay to Lender
the amount necessary to make up the shortage or deficiency in accAance wA RESPA.
Upon payment In Nil of all sums secured by this Security,instrument, Lender will promptly refund to Borrower
any Funds held by Lender,
4. Charges; Liens. Borrower must pay(a)all taxc�
S, ass4ss�ments charges, fines, and'impositions,attributable
to the Property which have priority or may attain priority over this Securit�,Instf_rumen�, (b) leasehold payments or
ground rents on tile Property, i fany, and (c) Community Association/Dues, Fees, and Assessments, if any, If any
of these items are Escrow Iterns, Borrower will pay then-I in the manner provided in Sectioh.
I I . .
Borrower must promptly discharge any lien(hit has priority or may attain priority over,this Security Instrument
unless Borrower: (aa) agrees in writing to the payment of the obligation secured by the lie)n in/a manner acc-e"ptable
to Lender, but only so long as Borrower is performing under such agreement; (bb)contests the lien in.good faith'by,
or defends against enforcement ofthe lien ill, legal proceedings which Lender determines, in.its sole discretion,
operate to prevent the enforcement of the lien while those I __1 I'll
proceedings are pending,-but only,until such proceedings
are concluded-, or (cc) secures from the holder ol'the lien an a
greement satisfactory �to.Le*nder that subordinates the
1-1
lien (a this Security Instrument (collectively, the "Required Actions"), if Lenderldetermines that an)�.PAEt of the
Property is subject to a lien that has priority or may attain priority over this Security�.Instrument and Barrower,has
not taken any ol'the Required Actions in regard to SLICII lien, Lender may give 138ri-Aer a notice.identi f�l ng-the lien,
ARIZONA- Single Family- Fannie Mae/Freddie Mac UNIFORM INSTRUMENT (MERS)
Form 3003 07/2021 Paqc 6 of 19 Docmagic
11111 HE 111111111111111111111111111111111111111,111111111111111111111111111111111111,111 Ill!IN
ithi i n 10 days'after the date on which that notice is given, Borrower must satisfy the lien or take one or more of the
R quired-Actions.
5. Property Insura-n`ce�
(a) InsuranceRequirement; Coverages. Borrower must keep the improvements now existing or subsequently
erected on the Pro-perty __1
,,insured against loss by fire, hazards included within the term "extended coverage," and any
other hazards includAg, but not limited to, earthquakes, winds, and floods, for which Lender requires insurance.
Borrower,must-maintain the types of i'nsurance Lender requires in the amounts(including deductible levels)and for
the periods\th-at Lender requires. What Lender requires pursuant to the preceding sentences can change during the term
ofthe Loan, and rnayexceedany minimum coverage required by Applicable Law. Borrower may choose the insurance
carrier providing the insurance, subject to Lender's right to disapprove Borrower's choice, which right will not be
exercised unreasonably.
(b) Failure to Maintain Insurance-—1f T-e-nder has a reasonable basis to believe that Borrower has failed to
maintain any of the required insurance coverages described above, Lendermayobtain insurance coverage, at Lender's
option and at Borrower's expense. Unless required'by Applicable Law, Lender is under no obligation to advance
premIUMS for. or to seek to rei'nstate, any prior-lapsed'cove'rarle obtained by Borrower. Lender is under no obligation
I 1 0
to purchase any particular type or amount of coverage and may select the provider of such insurance in its sole
I ;-, I
discretion, Betbre pUrchasini SLICh coverage, Lender will notif� Borrower Jr required to do so under Applicable Law.
Any such coverage will insul'c L%ender, but rilight-not protect Borrower, Borrower's equity in the Property, or the
contents of the Property, against any-risk, hazard, or tiability,,iiid,niight-pr—o�'ide greater or lesser coverage than was
loe . \ I , I
previously In effect, but not exceeding t e coverage required under Section,5(a), Borrower acknowledges that the cost
a`i'z d
of the insurance coverage so obt ine -may'sagnificantly exceed the"coo-st 6"t'ins\urance that Borrower could have
obtained. Any amounts disbursed by Lender for costs associated with reinstatin Y13-orrower's insurance policy or with
1 -<Corne,addltional debt ofBorrower secured by this Security
placing new insurance under this Section 5 will
lo,
Instrument. These amounts will bear interest at-tli'e Note,)ate from the"date of disbursement and will be payable, with
such interest, upon notice from Lender to,13-orrower requesting payment,
(c) Insurance Policies. All insuranc'e,policies required by'Lender-and�renewals,of such policies: (i) will be
subject to Lender's right to disapprove such policies; (ii)mustinclude a standard mortgage clause;and(iii)must name
Lender as mortgagee and/or as an additional loss payce:'�cnder,will have the right to hold,the policies and renewal
certificates. If Lender requires, Borrower will prompt,ly give"to Lender proof of�aid pre froilums and renewal notices.
If Borrower obtains any form of insurance coverage\, not'otherwise required'by Lender, for damage to, or destruction
of, the Property, such policy must include a standard mortgage clause and mu-iltname Lender as mortgagee and/or
as an additional loss payee,
(d) Proof of Loss; Application of Proceeds. In thelevent of-1��Borrower,must.give prompt notice to the
insurance carrier and Lender. Lender may make prooforNloss-i(no( made,promptly by Borrower. Any insurance
Proceeds, WhCther Or 110( the underlying i I�_ "\I
Insurance was required by Lender
,will'b_e ap-plied to -estoration or repair
lo" I
ofthe Property, it'Lender deems [lie restoration or repair to be economical y feasible and determines that Lender's
security will not be lessened by such restoration or repair.
If the Property is to be repaired or restored, Lender will disburse from the insurance proceeds any initial amounts
that are necessary to begin the repair or restoration, subject to any restrictions applicabl'c t5/L'ender. During the
subsequent repairand restoration period, Lender will have(he right t6 hold such insurance proceeds until Lcnderohas
had ail opportunity to inspect such Property to ensure the work has been completed.to Lender's sati'sfacltion(which
may include satisfying Lender's minimurn eligibility requirements for persons.repairing-the Property, in6l-uding, but
,__1 .1 1�1,
not limited to, licensing, bond, and insurance requirements) provided that such inspection must be undertaken
promptly. Lender may disburse proceeds for the repairs and restoration in a singleopayrnent or'in I,I series of progress
payments as the work is completed, depending on the size of the repair or restoration,I the terms 6ftherepair
agreement, and whether Borrower is in Default on the Loan. Lender may nl\ake'�S`uch disburseme nts'�directly.1to
Borrower, to the person repairing or restoring the Property, or payable jointly to'both. Lende-r--w-ill-not be required
ARIZONA - Single Family- Fannie MaciFreddie Mac UNIFORM INSTRUMEN'r (MFRS) DocMagic
Form 3003 07!2021
Page 7 of 19
11111111111114 11111 E111 0111 Til HE 11111111111111111111111111111111111111
to pay Borrower any interest or earnings on such insurance proceeds unless Lender and Borrower agree in writing or
pplicable�Law requires oth 1^.
erwise. Fees for public adjusters, or other third parties, retained by Borrower will not
be paid out of the insuran"ce proceeds and will be the sole obligation of Borrower.
If Lender deems the restora�,�Orllor repai.r not to be economically feasible or Lender's security would be lessened
by such restoration or,repair, tile insurance proceeds will be applied to the sums secured by this Security Instrument,
whether,or not t en due, with the excess, if any, paid to Borrower, Such insurance proceeds will be applied in the
order At Parti-al Payments are app.1 I ied i I n Section 2(b).
(C) 'I'visurance Settle
ments; Assignment of Proceeds. IfBorrower abandons the Property, Lender may file,
negotiate, and settle any availab-le insulance claim arid related matters. If Borrower does not respond within 30 days
to a notice from Lenderth"at the,ins'urance carrier has offered to settle a claim, then Lender may negotiate and settle
the claim. The 30-day period'will beg�ln when.the notice is given. In either event, or if Lender acquires the Property
tinder Section 26 0"otherwise. Borrower is unconditionally assigning to Lender(1)Borrower's rights to any insurance
proceeds in an amount 'lot to exceed the-affi-o-unts unpaid under the Note and this Security Instrument, and (1i) any
other of Borrower's rights (other than the I ght to any reflund of unearned premiums paid by Borrower) under all
insurance policies covering t1he Property, to(lie extent that such rights are applicable to the coverage of tile Property.
If Lender files, negotiates, Ol* settles a claim, Borrower'agrees (hat any insurance proceeds may be made payable
directly to Lender without the iliced to include Borrower as an additional loss payee. Lender may use the insurance
% k I
proceeds either to repair or I estore(lie Property(as provided in Section 5(d))or to pay amounts unpaid tinder the Note
N,
or this Security Instrument, whether,or-not-tl�en due" 1�
6. Occupancy. Borrower must occupy,establish, and use the Property as Borrower's principal residence within
60 days after the cxecutiori of tilis`� �cur,;--
S ity Instrument arid must continue to occupy tile Property as Borrower's
principal residence For at least one year after the dat5of occupari-C'Y\; ur�less Lender otherwise agrees in writing, which
. \ . N
consent will not be unreasonably withheld, or unless exte�nuating circumstan-c—es-3xist that are beyond Borrower's
control.
7. Preservation, Maintenance, cc Wil of the Property; lris�pQccions. Borrower will riot destroy,
and��Prot��ion
damage, or Impair the Property, allow the Pr'Q_
perty to deteriorate, or corilmit waste on the-Property. Whether or not
Borro,wer is residing in the Property, Borrower must maintain the Property,in order4o prevent the Property from
deteriorating or decreasing in value-due to its condition. Unless"Lender determines pur\suan't to Section 5 that repair
or restoration is not economically feasible, Borr6`\N',er�k Ill promptly repair.th-c"Pro'perty if damaged to avoid further
deterioration or damage.
If insurance or condemnation proceeds are paid to Lender inconnecti,�� damage to, or the taking of, the
Property, Borrower will be responsible for repairing or restoring theProperty only if Lender has released proceeds
for such purposes, Lender may disburse proceeds for the,rc!`pairs,and restoration-ii-i-a--sin—gle,paynient or in a series of
progress payments as the work is Completed, depending 0
'IN thell ze of the.repa i r or,restoration hetermsoftherepair
agreement, and whether Borrowcr is in Default on the Loan, X I,- NN
Lender may'rnake such"'disbursements directly to
Borrower, to tile Person repairing or restoring the Property, or payable
I I jointly to both, IF the insurance or
condemnation proceeds are not sufficient to repair or restore tile Property, Borrower remain I s obligated to complete
such repair or restoration.
Lender may make reasonable enti
-jes upon arid inspections th��Iroperty- If Lender as e cause
-ior Of tile improvements on the Property. Lender will give Borrower notice at the time
Lender may inspect tile intei ,h reasonabi
of or prior to such an interior inspection specifying such reasonable cause,
8. Borrower's Loan Application. Borrower will be in Default
-if,-during the Losgn_ap�plicen process,
Borrower or ally persons or entities acting at Borrower's direction or with Borrow s'
materially false, er,' &wledke or consent gave
misleading, or inaccurate information or statements to Lender (c,-r failed"to provide1ender with
Material information) ill connection wit], the Loan. including, but riot limited t;o,�,"overstating Borrower's inco
assets. me or
understating or failing to provide documentation of Borrower s debt obligations-and IiAli-es, and
misrepresenting Borrower's " 'o . 'N' t-i-"
Occupancy or intended Occupancy of the Property as Borrow'e'r' -?sN
s principal residence;
'ARIZONA- Single Family- Fannie Mae/Freddie Mac UNIFORM INSTRUMENT (MERS)
Form 3003 0712021
00cmagic
_( (—W )
Page a of 19
111111 Ell 111111111111 Hill 11111111111111111111 fill 111111111111111111111111111111111111111 IN AN 111111 fill 1111
9. Protection of Lender's Interest in the Property and Rights Under this Security Instrument.
(a)-pr-otection of Lender's�Interest. If. (i) Borrower falls (o perform the covenants and agreements contained
in this Security Instrument; (ii)there is a legal proceeding or government order that might significantly affect Lender's
interest in the Property and/orrigh�s`under this SeCUTitV Instrument(such as a proceeding in bankruptcy, probate, for
condemnation 16`1'forfeiture for e"nforcement of a lie'n that has priority or may attain priority over this Security
Instrument, or to.crrforce la'ws or regulations); or(iii) Lender reasonably believes that Borrower has abandoned the
Property\,\then'Lender may do and pay ffir whatever is reasonable or appropriate to protect Lender's interest in the
Property and/or rights tinder this Security/Instrunient. including protecting and/or assessing the value of the Property,
and securing and/or repairing-th'e'Property. Lender's actions may include, but are not limited to: (1)paying any sums
secured by a lien that has-�Iriority,or may attain priority over this Security Instrument; (11) appearing in court; and
(111) paying: (A) reasonable.attorneys' fees,and costs; (13) property inspection and valuation fees; and(C) other fees
incurred for the purpose,of protect i ng'Le nder's interest in the Property and/or rights under this Security Instrument,
including its secur�d`posjtion inla'bankruptcy-proccedi rig. Securing the Property includes, but is not limited to,
N .\
exterior and interior inspections of the Property, entering the Property to make repairs, changing locks, replacing or
boarding up doors and windows, draining water hom�pipes, eliminating building or other code violations oi-
dangerous conditions, and qavinlg utilities wrned on or off. Although Lender may take action under this Section 9,
Lender is not required to do soland is not under any duty or obligation to do so. Lender will not be liable for not
taking any or all actions aut6ri\zed tinder this Sec'/tl'on.,gf 'IN
(b) Avoiding Foreclost'ire;'Mitigating'Losses��lf Borrower Lender may work with Borrower to
avoid foreclosure and/or mitigate1ender's potentiM losses. but,is not obligated to" do so unless required by Applicable
Law. Lender may take reasonable a-Ctions,to evaluate Borrower for available alternatives to foreclosure, including,
but not limited to, obtaining credit. reports, title report,�S �title insurance, property valuations, subordination
agreements, *,And third-party approvals. BorroWer'luthorizes and co'nsenv'is to thesFaictions. Any costs associated with
such loss mitigation activities may be paid by&6nderand.-recovered from Borrower as described below in Section 9(c),
unless prohibited by Applicable Law.
(c) Additional Amounts SecuredSAn unts disburs�e�dby,-Ler�d�run&r4is Section 9 will become
additional debt of Borrower secured by this Security lnstrunicn�;Fhcse Aipurits may�Kea r�interest at the Note rate
from the date of disbursement and will be payable�,<vith such interest, upon.notice from Lender to Borrower
requesting payment.
(d) Leaschold Terms. If this Security Instr 4� on a leaseli��old !3�rrowc�r will comply with all the
provisions of the lease. Borrower will not surrender the leischold estate and interests conveyed,or terminate or cancel
the ground lease. Borrower will not, without the CXPTCSS written consent of Lender, alter or amend the ground lease.
If Borrower acquires fee title to 'he Property, the leasehold-and the fee title will-not-merge unless Lender agrees to
the merger in writing.
10. Assignment of Rents.
(a) Assignment of Rents. If the Property is leased to, used by,,,or occupied third party ("Tenant"),
Borrower ii unconditionally assigning and transferring to Lender any/Rents, regardless o 'to whom the Rents are
payable. Borrower authorizes Lender to collect the Rents, and agrees that each Tenant will,pay the Rents to Lender.
However, Borrower will receive the Rents until (i) Lender has given Borrower notice of D'efault pursuant to ection
11
ents are'to be\1paid to Lender. Thi/s Section,10 constitt.ites
26, and(ii) Lender has given notice to(lie Tenant that the R
an absolute assignment and not an assignment for additional security only.-----\
(b) Notice oflDefault. IfLender gives notice of Default to Borrower:-(i).al I-Rents recei4d byjio�rrower must
be held by Borrower as trustee for the benefit of Lender only, to be applied to the sums secured by the Security
Instrument; (ii) Lender will be entitled to collect and receive all of the Rents-, (iii),Borrower agrees to instruct each
Tenant that Tenant is to pay all Rents due and unpaid to Lender upon Lender's writterildlemand to the T__ei_i3_nt,,(iv)
Borrower will ensure that each Tenant pays all Rents due to Lender and will take<hatever action is necessary to
collect such Rents if not paid to Lender;(v)unless Applicable Law provides otherwise, ail,ke-n—ts—c-ollected by L�nder
ARIZONA - Single Family- Fannie MaeiFreddie Mac UNIFORM INSTRUMENT (MERS)
Form 3003 0712021 Page 9 of 19 ocmaagi
111111 fill 11111111111111111111111111111111111111111111111111111111111111111 IN 1111111111
will be applied first to the costs of taking control of and managing (he Property and collecting the Rents, including,
6ut-not.limiti5d'to, reasonable,d-t-Itorneys' fees and costs. receiver's fees, premiums on receiver's bonds, repair and
maintenance costs, insurance premiums, taxes, assessments, and other charges on the Property, and then to any other
sums secured by this,Security l0tr-ument; (vi) Lender, or anyjudicially appointed receiver,will be liable to account
for only those Ren-"ts actually recei�ed;\and(vii) Lender will be entitle"d to have a receiver appointed to take possession
"I 1� N %
of and manage the.Properly and collect the Rents and profits derived from the Property without any showing as to
the inadequacy,of the Proper ecurity.
I i
(C) lizu,nds Paid by Len'der. If the Rents are not sufficient to cover tile costs of taking control of and managing
the Property and of collecting�tlie Rents" any funds paid by Lender for such purposes will become indebtedness of
Borrower to Lender secured I by this'Security Instrument pursuant to Section 9.
(d) Limitation-0 n Collec-It-ion of Rents. Borrower may not collect any of the Rents more than one month in
-advance of the tillic when'the Rents bec-o-in—edlue-except for security or similar deposits,
(e) No Othek's'sign men C of-Re n ts.�Borrower"re present s, warrants, covenants, and agrees that Borrower has
not signed any prior assignment ofAlle Rents, will noxt make any further assignment or the Rents, and has not
performed, and will not per6rm,eany act that could prevent Lender from exercising its rights under this Security
Instrument. (
i(f) Control and Maintenance of the Propert)y. uInless required by Applicable Law, Lender, or a receiver
appointed under Applicable Law� is not obligated,t/o ente'r upon, take control of, or maintain the Property before or
after giving notice ol'DefaultNto Borrower. I lowevcr/'Lendw`or a rec&�-er-appointed tinder Applicable Law, may
do so at any time when Borrower is in Default. subject to Ap icable Law.
(g) Additional Provisions. Any-application of the-Rents will not cure,or�aive any Default or invalidate any
other right or rernedy of Lender. This Section 10 does not rclieve,Bor\rower oeB6_rrower's obligations under Section
6.
This Section 10 will terminate when at ie sums by this SeCU�rityy�Instnimr ent are paid in fill].
11. Mortgage Insurance.
(a) Payment of Premiums; Substi�ioi��fPolicy; Loss,R��scrve; P�t�cction of'Lender, If Lender required
Mortgage Insurance as a condition of making the Loan, Borfower will pay the premiums required to maintain tile
Mortgage Insurance in effect. If Borrower was required to make separately designated payments toward the premiums
for Mortgage Insurance, and (i) the Mortgage Insurance coverage required,by Lender ceases for any reason to be
available from the mortgage insurer that previouslyprovided such insur4h-ce, or,(ii) Lender determines in its sole
discretion that such mortgage insurer is no longer eligible to provide"it-he Mortgage insurance coverage required by
Lender, Borrower will pay tile premiums required to obtai'n-coverage"s"ubstatitially equivalent to the Mortgage
Insurance previously in effect, at a cost substantially equival'ent totli'e'cost to Borrowerof the Mortgage Insurance
previously in effect, fi-om an alternate mortgage insurer selected by Lender.
lfsubstantiaily equivalent Mortgage Insurancecoverageis not available, Borrowerwil�l continueto payto Lender
the amount of tile separately designated payments that Nvere due when/the insurance coverage ceased to be in effect.
Lender will accept, use, and retain these payments as a non-reffindble 16"ss reserve in lieu o%f Mortgage Insurance.
Such loss reserve will be non-refundable, even when(lie Loan is pa 0 id infull, and Lender will not'be required topay
Borrower any interest or earnings oil such loss reserve. 'r ,
Lender will no longer require loss reserve payments if Mortgage insurance coverage(inZe arriount and fort'ile
period that Lender requires) provided by all insurer selected by Lender again-becomes available;,iS'Obtaincd, and
N_
Lender requires separately designated payments toward the premiums for,Mortgage\Insurance'�'
If Lender required Mortgage Insurance as a condition of making tile Loan and Borrower wasl4d to make
separately designated payments toward the premiums for Mortgage Insurance,-Borrowerv;ill pay the premiums
required to maintain Mortgage Insurance in effect, or to provide a non-refundable loss reserve, until T-crider's
requirement for Mortgage Insurance ends in accordance with any written agree'rrient between Borrower t and-Lender
ARIZONA- SingIe Family- Fannie Mae/Freddie Mac UNIFORM INSTRUMENT (MERS)
Form 3003 07/2021 60CMagic
Page 10 of 19
11111 HE 1111111111111111111111111111111111111111111111111111111 fill IN
'providing for suc termination or until termination is required by Applicable Law. Nothing in this Section I I affects
Borrower�s'6_bllgation to pay,ifi^terest at the Note rate.
(b) Mortgage Jnsur�anceA`grecmcnts. Plvlortgagc Insurance reimburses Lender for certain losses Lender may
incur ifBorrower doe-s not repay tlie,Loan as agreed. Borrower is not a party to tile Mortgage Insurance policy or
coverage-
Morlgoag��insui��uate�heir total risk on all such insurance in force from time to time, and may enter into
agreements with'Other parties that s are or modify their risk, or reduce losses. These agreements may require the
-11, 1 . I
mortgage insurer to make payments using any source of Rinds that the mortgage insurer may have available(which
may include funds obtained from Mortgage Insurance premiums).
As a resu,lt of thesejig�reements, Lender, another insurer, any reinsurer, any other entity, or any affiliate ofany
1-1
of'the foregoing, may'receive(directly or indirectly)amounts that derive from(or might be characteri.zed as)a portion
of Borrower's payments,r6r Mortgage
-insurance, in exchange for sharing or modifying [fie mortgage insurer's risk,
or reducing losses. Any such agreements will-not: (i)affectille amounts that Borrower has agreed to pay for Mortgage
Insurance, or any other terms ofthe Loan; (ii) increase the amount Borrower will owe for Mortgage Insurance; (iii)
entitle Borrower to any refuri'd; or(iv) affect the rig ts Borrower has, if any, with respect to the Mortgage Insurance
under the Homeowners Protection Act of 1.1998 (12 UIS.C', 4901 ei seq.), as it may be amended from time to time,
or any additional or successor federal legislation oi-regulation that governs the same subject matter("HPA"). These
rights under the I IPA may include the right
to receive certain disclosures, to request and obtain cancellation of the
Mortgage Insurance, to haveNthe Mortgage.I n-s"urance/termindtfed autof�_at�ically, and/or to receive a refund of any
Mortgage Insurance prerniums that were unearned it the time kof"such cancellafion or termination.
12. Assignment and Application-of-Miscellaneous Pr_0,Cceds;+`oi-fe'kure�
(a) Assignment of' Miscellaneous Proceeds. Borrow
.!�T,isluncoiiditionhlly assigning the right to receive all
-oceeds to Lender and agrees that,SLICh amounts will be,paid,to-Lender,
Miscellaneous Pi
(b) Application of Miscellaneous Proc"ceeds upon Damage to Prope f the Property is damaged, any
Miscellaneous Proceeds wil I be appi cd to restoration or repair of the Prope2_1_1 Lender deems the restoration or
I \ ty, if I \
repair to be economically feasible and Lend�er,S security will not.b151'essened by-such restoration or repair. During such
repair and restoration period, Lender will have the right to ., I-,' \ \ "I\
-hold such Miscellaneous Pr6ceeds until Lender has had
an opportunity to inspect the Property to ensure the \vork has,b;'e'cn conipie'ted to Lend
ying Lender's minimum eligibility requirements for persons repairing the Property, including, but not
include satisf eP'safisfaction (which may
limited to, licensing, bond, and insurance requiren'lents)provided that such inspection must be undertaken promptly.
Lender may pay for the repairs and restoration in a single disbursement or in a series of progress payments as the work
is completed, depending oil the size of tile repair or restoration the terms of the repair agreement, and whether
Borrower is in Default on the Loan, Lender may make,such disbursements.directly-to Borrower, to the person
repairing or restoring the Property, or payable jointly to\both. Unless Lend'er and Borr'bwer agree in writing or
Applicable Law requires interest to be paid on such Miscellaneous Proceeds-L_c_nd_Jr`w1 11 not be required to pay
Borrower any interest or earnings on such Miscellaneous Proceeds./If Lender deems the restoration or repair not to
be economically feasible or Lender's security would be lessened by such restoration or repair) the Miscellaneous
Proceeds will be applied to the surns secured by this Security Instrulment, whether or not th�n die, .vith the excess,
if any, paid to Borrower. Such Misccllineou� Proceeds will be applied'in the order that Pa'rrtiil Payments are'fip'plibd
in Section 2(b). �v \��
(c) Application of Miscellaneous Proceeds upon Condemn a ti�n�, D-e-s—trNuction, or Loss'in Value of the
Property, In tile event of'a total taking, destruction, or loss in value of-the-Property, all"o"f the,Miscellaneous
Proceeds will be applied to the surns secured by this Security Instrument, whether or not-Chen due, with the excess,
if any, paid to Borrower.
ty each, a Partial bevalu'ation")
In tile event ofa partial taking, destructioll, or loss in value of the Prop4erl(_,e,�
where the fair market value of tile Property immediately before the Partial Devaluation is equal to or gre\ater-than the
N I
amount of the sunis secured by this Security Instrument immediately before the Partial De%6"luaf10n-,,a percentage of
ARIZONA- Single Family- Fannie Man/Freddie Mac WFORM INSTRUMENT (MERS) g-
Form 3003 07/2021 ___,;-,<bocma ic
Page 11 of 19
the Miscellaneous Proceeds will be -applied to the sums secured by this Security Instrument unless Borrower and
1�ender-otherwisc agree in writing I'lic amount of the Miscellaneous Proceeds that will be so applied is determined
1� t�
by multiplying the total,amou nt-6f the Miscellaneous Proceeds by a percentage calculated by taking (i) the total
amount of the sums,secured immediately before the Partial Devaluation, and dividing it by(ii) the fair market value
of the Property,iffirriediale-ly loforc,tle Partial Devaluation. Any balance of the Miscellaneous Proceeds will be paid
to Borrower,
f a P
In the eve artial Devaluation where the fair market value of the Property immediately before the Partial
1.11 1 1
Devaluation is less than the amount of the sums secured immediately before the Partial Devaluation, all of the
Miscellaneous Proceeds will be,-*, V
' applied,to the sums secured by this Security Instrument, whether or not the sums are
then due, unless Borrowerand Lender otherwise agree in writing.
(d) Settlementof Claims. Lender is authorized to collect and apply the Miscellaneous Proceeds either to the
sums secured by this Security Instrument, whcther�or not then due, or to restoration or repair of the Property, if
Borrower (i) abandon�sthe Property, or Oi)-fails4q respond to Lender within 30 days after the date Lender notifies
. N
Borrower that the Opposing Par/ty (as"defined in th6riext sentence) offers to settle a claim for damages. "Opposing
Party" nicans the third party that owes Borro,,ver the Miscellaneous Proceeds or the party against whom Borrower has
a right ofaction in regard to the Nliscellaneous Proceeds.1
(e) Proceeding Affecting Lirider"s Interest in the Property. Borrower will be in Default if any action or
proceeding begins, whether civil or criminal., that?in Lelnder'sjudg'ment, could result in forfeiture of the Property
or other material impairment of Lender's interest in the PropertFor righ�tsunder this Security Instrument. Borrower
A \-.1
can CL1re such a Deftillit and, if acceleration has oc6urred, reinstate as provided in Section 20, by causing the action
or proceeding to be dismissed with a ruling-that, in Lender'sjudgment, precludes forfeiture of the Property or other
material impairment of Lender's interest in the Property or rights tinder tfiis Security Instrument. Borrower is
unconditionally assigning to Lendcr the proceeds-of any award or,claim for,darnages that are attributable to the
impairment of Lender's interest in the Property, which-proceeds will be paid-to Lender\�All Miscellaneous Proceeds
that are not applied to restoration or repair of the'�roperty will be.applied in'f1_i_e_"brdcr�that Partial Payments are
applied in Section 2(b).
13. Borrower Not Released; Forbearance by Lendci--Not aWaiver, Borroweror any Successor in Interest
of Borrower will not be released from liability under this Security Instrument if Lender extends the time for payment
or modifies the amortization of the sums secured"by this.1�Security Instrument,\Lende-r will not be required to
commence proceedings against any Successor in �nterest of Borrower_of"'to refus�e'to extend time for payment or
otherwise modify amortization of the sums secured by this Securit I,st __11
.Y. n rument, by reason of any demand made by
1-1
the original Borrower or any Successors in Interest of'Borrower.-Any fbrl�earance by Lender in exercising any right
or remedy including, without limitation, Lender's accept _" f p �"nts from,third-persons,entities, or Successors
ance o ayme
in Interest of Borrower or in amounts less than the amoun�then'due, will not'b-c a waiver of, or preclude the exercise
of, any right or remedy by Lender,
14. Joint and Several Liability. Signatories-, Successors and Assig�rflo�undBorro`wcr's obligations and
liability under this Security Instrument will be I
Joint and several. However, any Borrower who signs this Security
InStRiment but does not sign the Note: (a) signs this Security Ins
trument to mortgage, grant, and convey such
Borrower's interest in the Property tinder the terms of this Security Instrument: (b) signs this Security Instrument to
N le
waive any applicable inchoate rights such as dower and curtesy ancflan�available homesteaNdexemptions; (c),signs
this Security Instrument to assign any Miscellaneous Proceeds, Rents, or other earnings from the Property,to Lender;
(d) is not personally obligated to pay the surns due tinder the Note or this-Security Instrument; and,(e) agrees that
Lender and any other Borrower can agree to extend, niodify. forbear, or make anv accon-imodatidn's with regard to
the terms of the Note or this Security Instrument without such Borrower's con�en`i`and,wi`thout affecting such
Borrower's obligations under this Security Instrument. <`� "_�
Subject to the provisions of Section 19, any Successor in Interest of Borrower who assumc�sZorro�vveils
N
obligations under this Security Instrument in writing, and is approved by Lender,will obtain'-a—Hof Borrower's rights,
ARIZONA- Single Family- Fannie Mae/Freddie Mac UNIFORM INSTRUMENT (MERS)
Form 3003 0712021 00cmagic
Page 12 of 19
obligations, and, enefits under this Security Instrument. Borrower will not be released from Borrower's obligations
rid-liability under this SCCLirity"^lnstrument unless Lender agrees to such release in writing.
15. Loan Charges:"
(a) Tax and,Flood Determination Fees, Lender may require Borrower to pay(i) a one-time charge for a real
`1 _N1 - \ I
estate tax verificatioiiadd/or reporting�ervice used by Lender in connection with this Loan, and (ii) either (A) a
one-time.c arge for'flood zone determination, certification, and tracking services, or(B)a one-time charge for flood
zone deternllnaiion and certification services and subsequent charges each time reinappings or similar changes occur
that reasc��bly might affect such,determ i nation or certification. Borrower will also be responsible for the payment
of any fees imposed by the Federal Emergency Management Agency, or any successor agency, at any time during the
Loan term, in connection,with any'fl-ood zone determinations.
(b) Default Chia"rges.,-If permitted under Applicable Law, Lender may charge Borrower fees for sc ce
I., . rvi s
performed in connection,with Bc,rrowe-r_'_s__D-_ef_-a`uIt�to protect Lender's interest in the Property and rights under this
Security Instrumeril,nIn"cluding: (i)reasonableattorneys' fees and costs; (ii)property inspection, valuation, mediation,
and loss rnitig 111) other rela
,ation t�es; and (i ted fce\s�
- of Feedin regard to anylother fees, the absence of express authority in this Security
(c) PerinissibilitN
Instrument to charge a specific fee to Borrower should not be construed as a prohibition oil the charging of such fee.
Lender may not charge fees that are expressly prohibitej by this Security Instrument or by Applicable Law.
(d) Savings Clause. If Ap�plicable Law sets maximum loan charges, and that law is finally interpreted so that
the interest or other loan charges c\o'llected or-to'be collected in'c^onnection Ztli the Loan exceed the permitted limits,
,the"arnount necessar y to reduce the charge to the permitted limit, and
then(1)any such loan cliargewill�be reduced by
(ii)any sums already collected from'Borrowe-1which exceeded-perinitted limits will be refunded to Borrower. Lender
may choose to make this refund by reducing the princi-p"ll owed'under the N-o-te or by making a direct payment to
N %
Borrower. If a refund reduces principal, the i-eductio'.'n will,be"treated as�partial�p—repayment without any prepayment
charge(whether or not a prepayment charge,is""provided for under the Note). To the extent permitted by Applicable
Law, Borrower's acceptance of any such refund made by direct payment to Borrower will constitute a waiver of any
might have arising out of such ove
right of action Borrowei rchar-ge.
16. Notices; Borrow
er's Physical Address. All notices given'by Borrower or Lender in connection with this
Security Instrument must be in writing,
(a) Notices to Borrower. Unless Applicabl aw requires a different.mic5i'liod, any written notice to Borrower
in connection with this Security Instrument w 1-1 1
ill be'deemed to have been,given to'Borrower when (i) inailed by first
class niail, or(ii) actually delivered to Doi-rower's Notice Address(aslefined-iin"Section 16(c)below)if sent by means
other than first class mail or Electronic Communication (as.defined in-Section 16(b) below), Notice to any one
Borrower will constitute notice to all Borrowers unless Applicable'Law express ly-requ ires otherwise. If any notice
'1(y Instrument is also required undei Applicable Law, the Applicable Law
to Borrower required by this Secul
X
requirement will satisl� the correspondifig requirement under this Security �nstiu�ni�cn
- delivery method'is required by Applicable Law, Lender
(b) Electronic Notice to Borrower. Unless anothei
may provide notice to Borrower by e-mail or other electronic communication("Electronic Communication") if. (i)
agreed to by Lender and Borrower in writing. (ii) Borrower ha , i6d Lender with Borrower's e-mail or other
I prov
electronic address("Electronic Address"); (Ili) Lender provides Borrower with the option<to receive notices,�by fi\rst
class mail or by other nori-Electronic Communication instead of Electronic Communication; and (iv) I,ender
o\
otherwise complies with Applicable Law. Any notice to Borrower sent,by Electronic Communicati-on in&nncction
with this Security Instrument will be deerned to have been given to Borrow"er when sent unless-render,be'c"omes aware
that such notice is not delivered. IfLender becomes aware that any notice sent by Electr-o"nic Corn`M' unication is not
deliveTed. Lender will resend such communication to Borrower by first class,mail ?�,�y other non-Electronic
Communication. Borrower may withdraw the agreement to receive Electron' -
ic Communications from Lender at�any
time by providing written notice to Lender of Borrower's withdrawal of such agree-i'nent.
ARIZONA - Single Family- Fannie Mae/Freddie Mac UNIFORM INSTRUMENT (MERS)
Form 3003 0712021 00cmagic
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Borrower's Notice Address. Tie address to which Lender will send Borrower 1 ice "Notice Address")
,, -CC
wi 11-Le theTroperty Address',uni'ess Borrower has designateda di fferent address by wri tten notice to Lender. If Lender
and Borrower have a-reed that notice may be given by Electronic Communication, then Borrower may designate an
Electronic Addressas Notice �A_ddress. Borrower will promptly notify Lender of Borrower's change of Notice
Address, incl9ding anychanges to Borrower's Electronic Address if designated as Notice Address. If Lender specifies
a pTocedure,for reporiing Borrower's change of Not'
I ice Address, then Borrower will report a change of Notice Address
only through that specified procedure.
(d)'No'tices to Lender. Any,notice to Lender will be given by delivering it or by mailing it by first class mail
to Lender's address stated in this Securit Instrument unless Lender has designated another address (including an
Electronic Address) by "';� "I y
,ptice to Borrower. Any notice in connection with this Security Instrument will be deemed
to have been given to'Lender-only when actually received by Lender at Lender's designated address (which may
include an Electronic Address). Ifany,6-o_t_ic__et_6Lender required by this Security Instrument is also required under
Applicable Law, the"Applicable,Eaw, requirement will satisfy the corresponding requirement under this Security
Instrument,
(c) Borrower's Phys
ZI Add In addition to�tlle designated Notice Address, Borrower will provide Lender
with the address where Borrower physically resides, if different from the Property Address, and notify Lender
whenever (his address clian, esirability; Rules of Uonstruction. This Security Instrument is governed by federal
17. Governing Law;g',S"
01
law and the law ot"the State of Arizona. All.ripli(s and obfigati6ns contii—ned-in this Security Instrument are subject
to any requirements and limitations of Applicable Law. If any provision Of this Security Instrument or the Note
conflicts with Applicable Law(i)Such conflict Will not aMacther provisions ofthis Security instrument or the Note
that can be given effect �,vithout the conflicting provision' and 0i),such conflicting provision, to the extent possible,
will be considered modified to comply with Applicable Law. Applicable Law might�explicitly or implicitly allow the
parties to agree by contract or it might be sil " 1�' '
ent, but,such silence should-fiot be cons'trued as a prohibition against
agreement by contract. Any action required-undemli-Irs Security InstrUM)ent tobe made in\accordance with Applicable
Law is to be made in accordance with the'�Appricable Law in effd-c"t'at the time the action is undertaken.
As used in this Security Instrument: (a) words in the singular will mean.and inciude't'he plural and vice versa;
:;_1 le, >
(b) the word "inay" gives sole discretion without anyobligation'to take any action; (c)anyreference to "Section" in
this document refers to Sections contained in this,S�curit I" I-\
,y nstrument unless,otherwise noted, and (d) the headings
and captions are inserted for convenience of refere\nce anj do not define,lin"'ift, or,describe the scope or intent of this
Security Instrumentor any particular Section, paragraph, or provision.
18. Borrower's Copy, One Borrower will be given one,cc;p�of therNote and of this Security Instrument.
19. Transfer of the Property or a Beneficial Intere-st in B' or"rower. For-purposes of this Section 19 only,
"Interest in the Property" means any legal or beneficial intcrest'in t c Property, including, but not limited to, those
beneficial interests transfierred in a bond for deed, contract f'6r deed, nstil[iiient,sdl-es-c-o-ntract, or escrow agreement,
the intent of which is the transfer of title by Borrower to a purchaser/at a ft rture date.
fal I or any part of the Property or any Interest in the Property is'sold or transferrelr�f Borrower is not a
I I I
natural Person and a beneficial interest in Borrower is sold or tran'sferred) without Lender,,s prior written consent,
Lender may require immediate payment in Full of all sunis secured by this Security Instrument. However, Lender will
not exercise this option If such exercise is prohibited by Applicable L a w\.\,_ I'll/ \,,--
-cises this option, Lender will give Borrower notice ofk-ccreration. -17he notide will,provide a
If Lender exci
period of not less than 30 days from the date the notice is given in accorda"iice-with-Se"ction 16.wi-thint which Borrower
must pay all surns secured by this Security Instrument. If Borrower fails to pay these-sunis prior-to, or upon, the
expiration Of this period, Lender may invoke any remedies permitted by this Securltv Instrument without further
notice or demand on Borrower and will be entitled to collect all expenses in-E.'Urred',in'pursuing su-ch-T-em'edies
including, but not limited to: (a)reasonable attorneys' reas and costs; (b) property,in_s�`pect ion and valuation-fees;and
(c) other fees incurred to protect Lender's Interest in (lie Property and/or rights tinder this'Se-curity,Instrument.
ARIZONA- Single Family- Fannie Mae/Freddie Mac UNIFORM INSTRUMENT (MERS)
Form 3003 07/2021 DocMagic
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t. Up;,
20�. Borrower"s Right to Reinstate the Loan after Acceleration. If Borrower meets certain conditions,
Borrower-will have the rigl�Lto-`Feinstate the Loan and have enforcement of this Security Instrument discontinued at
any time up to the laterof(a) five days before any foreclosure sale of the Property, or (b) such other period as
1-1 —
Applicable Law might specif-y-for tl�e-termination of Borrower's right to reinstate. This right to reinstate will not apply
in the case of acc'e'leratiod'under Section 19.
To reinstate the'Loan, Borrower must satisf�all of tile following conditions. (aa)pay Lender all sums that then
e r
would be due un6er this Security Inst'rumlent and the Note as if noacceleration had occurred; (bb) cure any Default
7-
of any other covenants or agreements under this Security Instrument or the Note, (cc) pay all expenses incurred in
enforcing this Securi.ty Instrumen"Itor-the Note, including, but not limited to: (i)reasonable attorneys' fees and costs;
1 .1
(ii) property inspection and 11 valuation fees; and(iii) other fees incurred to protect Lender's interest in the Property
andior rights Under this Security Instrument or the Note; and(dd) take such action as Lender may reasonably require
r y and!or rights Linde
to assure that Lender's interest in the-p—rope'rty— r this Security Instrument or the Note, and
Borrower's obligation to pay the,sunis secured-by this,Sccurity Instrument or tile Note, will continue unchanged.
N.
Lender may require thAt B'orrower pay such reinstatement sums and expenses in oneor more of the following
forms, as selected by I-cnder:'(aaa)cash; (bbb) monev ordcr, (ccc)certified check, bank check, treasurer's check, or
cashier's check, provided an -I I .
,� such check is driwn upon an institution whose deposits are insured by a U.S. Federal
agency, instrumentality, or cni:4; or (ddd) Electroni'c Fu I lid Transfer. Upon Borrower's reinstatement of the Loan,
this Security Instrument and' obligations secured,gy this Security Instrument will remain fully effective as if no
acceleration had Occurred.
21. Sale of Note. The N�oe o�r a�partia interest4t, the No te, toigctrher�-_With this Security Instrument, may be sold
01-otherwise transferred one or more,times:-Upon such a sale,6r other�transfer, 4of Lender's rights and obligations
under this Security Instrument will convey to Lender's,successors�nd,assigns��
22. Loan Servicer. Lender may take any action permitted undewhis Security Instrument throu h the Loan
I" X .., 9
Servicer or another authorized representati kle,-such as,a'sub-serviceABorrower understands that the Loan Servicer
or other authorized representative of Lerldc-'r N>the right and authority to take any such action,
The Loan Servicer may change one orNillore times during the term o
the)Note. Th6Loan Servicer may or rilay
not be the holder of the Note, The Loan Servicer has the right"a' N
nd authority to
coil ect'Periodic Payments and any
other amounts due under the Note and this Securityln
strUment; (b) perform any othe
!,,mortgage loan servicing
obligations; and (c) exercise any rights under the�Nbte. this'S-ecurity Instrument, and Applicable Law oil behalf of
Lender. Kthere is a change of the Loan Servicer, Borrower will be P ell rittel n
giv w 1 otice of the change which will state
the name and address of' the new Loan Servicer, the address to whic'11 payments should be made, and any other
information RESPA requires in connection With a notice of transfer of servicing.
23. Notice of Grievance. Until Borrower or Lender-lias notified' the other�party-(in accordance with Section
16) of an alleged breach and afforded the other party a)-casonable period-51fier the givin�'g,of such notice to take
corrective action. neither Borrower nor Lend , . . I
er may commence,join, or�beioincd to anyjudicial action (either as an
individual litigant or a member of a class) that (a) arises from the o/the ", \ \ I
r party's actions pursuant to this Security
Instrument or tile Note, or (b) alleges that tile other party has breac / I
0 1 hed any provision of this Security Instrument or
the Note. If Applicable Law provides a time period that must elapse b6rc certain action/can 'be taken, that time
23. The notice of Dc'(fault given to Borrower
period will be deerned to be reasonable for purposes of this Section
pursuant to Section 26(a) and the notice of acceleraLion given to Borrower,pursuant to Section 19 wili.be deened to
satisfy the notice and opportunity to take cot'rective action provisions of this SC—Ction 23.
24. Hazardous Substances.
(a) Definitions. As used in this Section 24: (i) "Environmental Law" means anyAj�licablc Laws where tile
Property is located that relate to health, safety, or environmental protection; (ii) "llazaIr ous Sub'stances"include(A)
loe
those substances defined as toxic or hazardous substances, pollutants, of Wastes-15y Environmental Law, and'(B),the
following substances: gasoline, kerosene, other flammable or tox ic petroleum-products, toxic pesticidespd
herbicides, volatile solvellts, materials containing asbestos or formaldehyde. corrosive,mi7iZZialilor agents, and
( (--\ —J
ARIZONA- Single Family- Fannie Mae/Freddie Mac UNIFORM INSTRUMENT (MERS)
Form 3003 0712021 DocMagic
Page 15 of ig
11111 Ell 1111111111111111111111111111111111111 IN 11111111111111111111
radioactive niateri5ls;(iii)"Environmental Cleanup" includes any response action, remedial action, or removal action,
�s�defined iff Ifrivironniental Law-";\and(iv)an"Environmental Condition" means a condition that can cause,contribute
to, or otherwise trigger an Environmental Cleanup.
(b) Restrictions on Use-of Hazardous Substances. Borrower will not cause or permit the presence, use,
disposal, storage, or release ofiny'Hazardous Substances, or threaten to release any Hazardous Substances. on or in
the Property, orrower will not do, nor allow anyone else to do, anything affecting the Property that: (i)* violates
Environnientai'Law; 00 creates an Environmental Condition; or (iii) due to the presence, use, or release of a
"§ubstance, creates �? I
Hazardous a condition that adversely affects or could adversely affect the value of the Property.
'flie preceding two sentences,will not,apply to the presence, use, or storage on the Property of small quantities of
Hazardous Substances fliar-a're generally recognized to beappropriate to normal residential uses and to maintenance
of the Property (including. but not limited to,-Iiazardous substances in consumer products).
(c) Notices;,(Remedial Actions:,B-o—ri-ower will\Promptly give Lender written notice of, (i)any investigation,
claim, demand, lawsu"it, or other"-action.by-any-go�,ernniciitiI or regulatory agency or private party involving the
N
Property and any Hazardous S/Libstance or Environmental Law of which Borrower has actual knowledge- (ii) any
Environmental Condition, including but not limited to, an spilling, leaking, discharge, release, or threat of release
. y
of any Hazardous Substancejand'/(iii)any condition ca'used by the presence, use, or release of a Hazardous Substance
that adversely afrects(lie valte o�the Property. If Boi/rowe'r learns, or is notified by any governmental or regulatory
authority or any private party, that any removalol. other remediation of any Hazardous Substance affecting the
Property is necessary, Borrower will.promptlylake all/necessar^� reniedial actions in accordancewith Environmental
Law. Nothing in this Security lnstrlumcnt will create any oblig�tion on Lender for an Environmental Ctennup.
25. Electronic Note Signed with-Borrower Is Electronic Signature. fif the Note evidencing the debt for this
Loan is electronic, Borrower acknowledges and reprcseli'ts tojrenderWiat 136"r�rower: (,a) expressly consented and
intended to sign the electronic Note using an Electronic-Si9_`natureNad6'I3(ed by-R5`rrower ("Borrower's Electronic
Signature") instead of signing a paper Note,Witli Borrower s wri(tcn\pen\-`a"nd ink Signature; (b) did not withdraw
Borrower's express consent to Sig', tile eIcc`tronic,N0"te using Borrower's Electronic Signature; (c)understood that by
signing the electronic Note using Borrowcr'\s,E_1cctron1c Signature, Borrower promised,to pay the debt evidenced by
the electronic Note in accordance with its terms; an(] (d),�igned the electronic Note�v 10 Borrower's Electronic
Signature with the intent and understanding that by doing so_Borrower promised to pay.the debt evidenced by the
electronic Note in accordance with its terms.
NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows:
26, Acceleration; Remedies. 11---,
(a) Notice of Default. Lender will give a nolicc�of Dcfaid<Borrower-prior,to acceleration following
Borrower's Default, except that such notice of Default wililnot,<sent when'Cender exercis"e"sits right under Section
19 unless Applicable Law provides otherwise. The notice wi?iI specify, in addition to any other information required
by Applicable Law: (i) the Default; (1i) the action required to cure the Default; (iii) a date, not less than 30 days(or
as otherwise specified by Applicable Law) from the date the notice is/give/n to Borrower, by which the Default'must
be cured; (iv) that failure to cure the Default on or before the date specified in the notice may result in acceleration
of the sums secured by this Security Instrument and sale of the �roperty; (v) Borrower's right to reinstat`e after
acceleration; and(vi) Borrower's right to bring a court action to dcnvNthe existence of a Default or to assert any other
defense ofBorrower to acceleration and sale.
(b) Acceleration; Power of Sale; Expenses. If (lie D
efaull is not cured-on-or'before the--d'ate spc�ilficd in the
1-1 11
notice, Lender may require immediate payment In full of all sums secured by this Security'l.nstrumen-t without further
y
demand and ma invoke the power of sale and any other remedies permitted byApplicable Law. Lender will be
entitled to collect all expenses incurred in pursuing the remedies provided in this S�ction 26',-including, but no-t-11-Aited
to: (0 reasonable attorneys' flees and costs, (il) property inspection and valuaticn.fe-c"s; and (iji) other fc\es-incurre\d
ARIZONA- Single Family- Fannie Mae/Freddie Mac UNIFORM INSTRUMENT (MERS)
Forrn 3003 0712021 Page 16 of 19 DocMagic
11111 HE 1111111111 Ifil 1111111111111111111111,111111111111111111 IN IN
to protect Lende?s interest in the Property and/or rights under this Security Instrument unless prohibited by
pplicable-na .
(c) Notice of Salc;-S--a�le�.of Property. If Lender invokes the power of sale, Lender will send written notice to
Trustee of tile occurrence of I" event of Default and of Lender's election to cause the Property to be sold. Trustee
will record a notice ofsile i I n each county in which any part of the Property Is located and will mail copies of the
notice as,prescribed'by Applicable Law to Borrower and to the other required recipients, At a time permitted by, and
ac rdance--"h Applicable Law)Trulstee, without further demand oil Borrower, will sell the Property at public
in cor wit
auction toMe highest bidder for cas�at t1le time and place designated in the notice of sale. Trustee may postpone sale
of the Property by public annou-n'cement'at the time and place of any previously scheduled sale. Lender or its designee
may submit a credit bi.d,a4maypllrchase the Property at any sale,
(d) Trustee's,Deed;'Pr6ceeds of Sale. Trustee will deliver to the purchaser a Trustee's deed conveying the
Property without<ny cov'enant or war-m-n—ty, e--xpressed or implied. The recitals in the Trustee's deed will be prima
facie evidence of the"'t 11.1 N
ruth of the statements-made in�hat deed. Trustee will apply the proceeds of the sale in the
I
followin'-' order: (1)to all expe'n"ses of i'he sale. including. but not limited to, reasonable Trustee's and attorneys' fees
and cost
s.' 00 to all sums secured,by this Security Instrument. and (iii) any excess to the parties legally entitled to it
or to the county treasurer olf / I I
I e cOun it, which (lie sale took place.
27. Release. Upon payment of all sunis secured by this Security Instrument, Lender will release this Security
Instrument. Borrower wil0paylany recordation,C/Osts a'ssociated with such release, Lender 'MIay charge Borrower a
tee for releasing this Securiiy\ln\strurnent,�but onlyif'tile fee i�,paid to a third party for services rendered and the
charging of tile fee is permitted'under Applicable'Law,
28. Substitute Trustee. Lendcr ni1y:-I`t':om time to tin)by�1�t`self or throu�gti(lie Loan Serviecr, remove Trustee
and appoint a successor trustee to any Trustee a ppointed'under,this Security Instrument. Without conveyance of the
Property, the successor trustee will succeed to all,th-'e rights, title, power, and'dd-fies,conferred upon Trustee in this
Security Instrument and by Applicable Law.,-*'
29. Time of Essence. Time is of th'I-,
e essence in each covenantof this Security Instrument.
30. Attorneys' and Others' Fees. Le**ndC5rwil1 be entitled,to recover�its reasonable attorneys' fees and costs and
any other fees and costs associated with the enforccment,of�thls Security Instrument, ncluding but not limited to,
foreclosure trustee and sheriffs fees and costs in anyaction
,or proceeding to construe lor'c**n force any term of this
Security Instrument unless prohibited or restricted by Applicable Law. The-te"rm-"%'attorneys' fees," whenever used
in this Security Instrument, includes without limltatio"n, attorneys' fee " 11
appellate proceeding. s incurred by Lender in any bankruptcy or
[REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK]
ddie Mac UNIFORM INSTRUMENT (MERS)
��E&NA -&—ngle Family- Fannie —aeTr--r-e------
Form 3003 0712021 -0,-bocMagic
Page 17 of 19
11111 V11 11111111111111111111111111111111111111111111111111111111111111111 1111111111111111 ITI 11111111
BY SIGNING BELOW, Borrower accepts and agrees to the terros and covenants contained in this Security
I strurnent-a6d-in any Rider sign"e'd by Borrower and recorded with it.
Borrowe oren James Robinson Datc
Witness Witness
'WF�Z(�NZ---$'ingle Family- Fannie Mae/Freddie Mac UNIFORM INSTRUMENT (MERS)
Form 3003 0712021 Page 18 of 19 00cmagic
Z< �
1111 Hill 1111111111111
ACKNOWLEDGMENT
A notaripubliCor other officee\completing this
loo,
certificate'verifies only the i6ntlty of the individual
who signed the document,to wl�ich this certificate is
attached, and not the-truthfuln'ess, accuracy, or
validity of that document��
State of Calif64a ,'�
County of S a n D i,e g
//o'
September H 2�22
On before me, Todd Iacono Notary Public
(insert name and title of the officer)
personally appeared .
who proved to me on the basis-of-satigfactory evidencetd'i3e th6 person(s) whose name(s) is/are
o�
subscribed to the within instrument and ackno'wledge&to meNthat' he/she/they executed the same in
his/her/their authorized capacity(ies), andthat,by-his/he'r/their signature(s) on the instrument the
person(s), or the entity upon behalf.of which'fhe perso�lh'(s'),a`cied, ex\ecuted the instrument.
I certify under PENALTY OF PERJURY under the-laws of\th,e(,State of California that the foregoing
paragraph is true and correct. V Q
-rc)DE)
WITNESS my hand and official seal. ACONO
dow#2396779 n
PUBLIC-CALIFORNIA 0
NOTARY 0
SAN OIEGO COUNTY
My COMMIsalon
Signature (Seal)-111 APRIL 5,20,26
[Space Below This Line For Acknowledgment]
State of NA
County oF
Ile foregoing instrunient,was acknowledged before rne this
by
-Lore n Jame s�ob'ins(on rA
T J CASEY
Notary Public (Si�n ire of n Taking Ackno. edgnient)
State of Wisconsin
(TitIc or Rink)
2-3 1-4—
al) -'(Serial,Numb if any)
(Se,
Loan Originator; Moose Mau, NMLSR ID 411962
Loan Originator Organization: C2 Financi.al Corporation, NIVILSR-M-1-35622
ARIZO�A - Single Family- Fannie Mae/Freddie Mac UNIFORM iNSTRUMENT (MERS)
Form 3003 07/2021 DucMagic
Page 19 of 19
11111 HE 111111111111111111111111111111111111111111111111111111111 IN
EXHIBIT "All
LEGAL DESCRIPTION
File No.: 17859414"�
Lots 23 and 24, NEWTOWN, according to Book 5 of Maps, Page 23 and Amended in Book 5 of Maps,
Page 23A, Records of Pina),6un �'Arizona.
Except the East 17eF6-e-t�`of. ots 23 and.24,-NEWTOWN, according to Book 5 of Maps, Page 23 and
Amended in Book 5,of.Ma"ps, Page'�-3& Rec6rds of Pinal County, Arizona as conveyed to the City of
Apache Junction in Recording,No. 1999-'0'10465.
APN : 101-02-078
MIN: 1007531-0,064107865-9 Loan Number: 64107865
1 -4 FAMILY RIDER
THIS'l 4 FAMILY RIDER is made this 13th day of September, 2022
and is,incorporated into and ainends\and supplements the Mortgage, Mortgage Deed, Deed of Trust� or
Secu'rity 134(the "Security Instrunilent") of the same date given by the undersigned (the "Borrower") to
secure Borrower's Note to NexBank, A TEXAS CORPORATION
(tile "Lender") of the same date and covering the Property
described in the Security KInstrument and located at-,
624 N Ironwood Dr, Apache Junction, Arizona 85120
111rZiputy Address]
14 FAMILY COVENANTS. In addition�othe representations, warranties, covenants, and
agreements made in th ecurity Instrument, Borrower and Lender further covenant and agree as follows:
A. ADDITIONAL PROPERJTY)SUEUECT TO THE SECURITY
INSTRUM ENT\In 'addition to the,Koperty described in the�Security Instrument, the
following items now\,!z01`ater-att6c'hed to,the Prop6rty\, tw6e exteril'they are fixtures, are
liplion-and will also constitute the'Property covered by the
added to the Property desc \ eo,
Security Instrument: building materials, appliances and goods of 6ver' nature whatsoever
y
now or later located in, on, or used, or int��nded to,relus4in connection with the Property,
I., \ X.
including, but not limited to, those fior t e purposes of supplying,of'd�istr buting heating,
cooling, electricity, gas. water_air and light, fire prevention and extinguis�ing apparatus.
us
security and access control apparatus,"ooplumbing, bath tu water'lleaters, w�ier closets,
sinks, ranges, stoves, refrigerators, dishwashers, disposals,,v�ashers, dryers, awnings, storm
windows, storm doors, screens. blinds, shadw`curtains and curtain'rods, attached mirrors,
cabinets, paneling, and attached floor covefings. all of which, including replacements and
additions, will be deenied to be and remain a.part of the Property-60-vded by the Security
Instrument. All of the foregoing togethe\r,%6ith the Property,described,in the Security
Instrument (or the leasehold estate if the Security Instruni6t is od'a leasehold) are referred
to in this 1-4 Family Rider and the Security Instrument as tile "Property."
B. USE OF PROPERTY; COMP.LIANCE Wiffi�LAWBorrower will
not seek, agree to, or make a change in tile use of the Property 0�,i(s'zoning classification,
N \
unless Lender has agreed in writing to the change. Borro�ver will comply with all laws,
ordinances, regulations, and requirements of any governmental body applicable t" thle
Property.
C. WRROWEITS OCCUPANCY. Uil�ie s Lender and Borro� erwise
loo,
agree in writing. Section 6 concerning Borrower's occupa\ncy o-f-th—eP-roperty i's delete
D. ASSIGNMENT OF LEASES. Upon Lender's request aftelefault
Borrower will assign to Lender all leases ofthe Property and all security'deposits'made in
"o,
connection with leases of the Property. I(''pon the assignment, Lender will have tile right to
inodify, extend. or terminate tile existin,(] leases and to execute new'lease-s,'in Lender's sole
MULTISTATE 1-4 FAMILY RIDER
Fannie Mae/Freddie Mac UNIFORM INSTRUMENT �`Iagic
Form 3170 07/2021 Pago I of 2
1111111111111111111111111111111111111111111 H111 111111111111111111!1111111311111111111 IN
discretion. As use(�inthis paragraph D the word "lease" will mean "sublease" if the
SeCUFIty InstrumenCis,on a leaschold.
I E,�'�CRO�SS DEFAULT PROVISION. Borrower's default or breach under
1 any note or agreement related to tile Property in which Lender has an interest wiIl be a
y 0 1 4
r 6' h under the Securqy Instrument and Lender may invoke any of the remedies permitted
�breach un
by the Security Instrument.
--,� �v
BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this 1-4
r
Family Ride N��
--- ,W 1 1--(Seat) (Seal)
Lor n es RobInson -13orroweIr aic -Borrower
MULTISTATE 1-4 FAMILY RIDER
Fannie MaeiFreddie Mac UNIFORM INSTRUMENT Magic
Form 3170 07/2021 Page 2 of 2
11111 Ell 1111111111111111111111111111111 IT 11111111111111
101-02-080A 101-02-092C
101-02-092A
N. Ironwood DR LLC Roberta J Gorski
Jason Da
710 N, Ironwood Dr, 657 N Sa uaro Drive
MAIL RETAN
Apache Jct, AZ 85120 Apache Jc?,AZ 85120
101-02-0750
101-02-093A 101-02-096A
Omar Garcia Michael Gregus Farn Trust Terni &Sarnatha Tobler
6844 S Tucana Ln
6931 Windfern Rd 549 N Saguaro Dr
Gilbert, AZ 85298
Houston, TX 77040 Apache Jct,AZ 85120
101-02-0790
101-02-0760 101-02-0770
Arron M, Windon Sean Bailey Mario &Daniel Espinoza
21263 E Avenida Del Valle PO Box 6731 662 N Ironwood Dr
San Tan,AZ 85142 Apache Jct,AZ 85178 Apache Jct,AZ 85120
------ ---------
101-02-0880
101-02-0810 101-02-0870
Eldo J Trotter Michael K Wilcox Lazaro&Cecilia Castaneda
9141 E Grandview Dr 743 N Sa uaro Drive 1731 W Superstition Blvd
Apache Jc'?
Mesa, AZ 85207 AZ 85120 Apache Jct, AZ 85120
101-02-0890 101-20-0900 101-02-0950
Lazaro& Cecilia Castaneda Gaelen & Heather Anderson Clarilynn Elsa Pusch
719 N Saguaro Dr 1326 N 107th St 563 N Saguaro Dr
Apache Jct, AZ 85120 Mesa, AZ 85207 Apache Jct, AZ 85120
101-15-0250 101-15-0260 101-15-0270
Raeleen Rampat John Saggio Brian & Kathleen Owens
517 N Ironwood Dr 543 N Ironwood Dr 575 N Ironwood Dr
Apache Jct, AZ 85120 Apache Jot, AZ 85120
Apache Jct, AZ 85120
101-15-1070 101-15-1080 101-15-1090
Ironwood Station LLC Ironwood Station LLC Ironwood Station LI-C
1635 N Greenfield Rd #115 1635 N Greenfield Rd#115 1635 N Greenfield Rd#115
Mesa, AZ 85205 Mesa, AZ 85205 Mesa, AZ 85205
(>
101-15-1100 101-15-1120 101-15-1130
Ironwood Station LLC Ironwood Station LLC Ironwood Station LLC
1635 N Greenfield Rd#115
1635 N Greenfield Rd #115 1635 N Greenfield Rd #115
Mesa, AZ 85205 Mesa, AZ 85205 Mesa, AZ 85205
-----------
101-15-1140 101-15-1150 101-15-1160
Ironwood Station LLC Ironwood Station LLC
Ironwood Station LLC
15
1635 N Greenfield Rd#115 1635 N Greenfield Rd#115 i 1635 N Greenfield Rd#1
Mesa, AZ 85205 Mesa, AZ 85205 Mesa AZ 85205
101-15-1170 101-15-1180 101-15-1190
Ironwood Station LLC
Ironwood Station LLC Ironwood Station LLC
1635 N Greenfield Rd#115 1635 N Greenfield Rd#115 1635 N Greenfield Rd#115
Mesa, AZ 85205 Mesa, AZ 85205 Mesa, AZ 85205
101-15-1200 101-15-1210 101-15-1220
Ironwood Station LLC Ironwood Station LLC Ironwood Station LLC
1635 N Greenfield Rd#115 1635 N Greenfield Rd#115 1635 N Greenfield Rd#115
Mesa,AZ 85205 Mesa, AZ 85205 Mesa, AZ 85205
101-15-1260 101-15-1690 101-15-2040
Ironwood Station LLC Ironwood Station LLC Ironwood Station LLC
1635 N Greenfield Rd#115 1635 N Greenfield Rd#115 1635 N Greenfield Rd#115
Mesa, AZ 85205 Mesa, AZ 85205 Mesa,AZ 85205
---- ------
Mailing Label Certification
EMC2 Group hereby certify that this is a complete list of property owners within 300
feet of the property proposed for rezoning or other permit approval as obtained
from the Pinal County Assessor's office on:
25 January 2024
EMC2 further certifies that the attached list is not older than thirty (30) days at the
time of filing of said application.
Witnessed & Notarized:
On 25 January 2024, before me Richard J. Clutter, Architect, signed hereto-
Agent Name:
Richar Clu ter, Architect
EMC2 Geou Inc. OFFICIAL SEAL
VIRGINIAA.ALVARADO
Na kRy PUBLIC-ARIZONA
rAAR,COPACOUNTY
Comm#635854
My Comm,Expires Oct 21,2026
Notary:
State of: Arizona
County of: Maricopa
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101-02-080A 101-02-092C
101-02-092A
N, Ironwood DR LLC Roberta J Gorski
Jason Da
710 N, Ironwood Dr. 657 N Sa uaro Drive
MAIL RETU6
Apache Jct, AZ 85120 Apache Jc ,AZ 85120
---------------
101-02-0750
101-02-093A 101-02-096A
Omar Garcia Michael Gregus Fam Trust Temi &Samatha Toble,
6931 Windfern Rd 549 N Saguaro Dr 6844 S Tucana Ln
Houston, TX 77040 Apache Jct,AZ 85120 Gilbert, AZ 85298
101-02-0760 101-02-0770 101-02-0790
Arron M, Windon Sean Bailey Mario &Daniel Espinoza
21263 E Avenida Del Valle PO Box 6731 662 N Ironwood Dr
San Tan, AZ 85142 Apache Jct,AZ 85178 Apache Jot, AZ 85120
101-02-0880
101-02-0870
101-02-0810
Eldo J Trotter Lazaro&Cecilia Castaneda
Michael K Wilcox
9141 E Grandview Dr 743 N Sa uaro Drive 1731 W Superstition Blvd
Mesa, AZ 85207 Apache Jc?,AZ 85120 Apache Jct, AZ 85120
101-02-0950
101-02-0890 101-20-0900
Clarilynn Elsa Pusch
Lazaro&Cecilia Castaneda Gaelen & Heather Anderson
719 N Saguaro Dr 1326 N 107th St 563 N Saguaro Dr
Apache Jct, AZ 85120 Mesa,AZ 85207 Apache Jct, AZ 85120
101-15-0250 101-15-0260 101-15-0270
Raeleen Rampat John Saggio Brian & Kathleen Owens
517 N Ironwood Dr 543 N Ironwood Dr 575 N Ironwood Dr
Apache Jct, AZ 85120 1 Apache Jct, AZ 85120 Apache Jct,AZ 85120
101-15-1070 101-15-1080 101-15-1090
Ironwood Station LLC Ironwood Station LLC Ironwood Station LLC
1635 N Greenfield Rd#115 1635 N Greenfield Rd#115 1635 N Greenfield Rd#115
Mesa, AZ 85205 Mesa, AZ 85205 Mesa,AZ 85205
101-15-1100 101-15-1120 101-15-1130
Ironwood Station LLC Ironwood Station LLC Ironwood Station LLC
1635 N Greenfield Rd#115 1635 N Greenfield Rd#115 1635 N Greenfield Rd#115
Mesa, AZ 85205 Mesa,AZ 85205 Mesa, AZ 85205
..........
101-15-1140 101-15-1150 101-15-1160
Ironwood Station LLC Ironwood Station LLC Ironwood Station LLC
1635 N Greenfield Rd#115 1635 N Greenfield Rd#115 1635 N Greenfield Rd#115
Mesa, AZ 85205 Mesa, AZ 85205 Mesa,AZ 85205
101-15-1170 101-15-1180 101-15-1190
Ironwood Station LLC Ironwood Station LLC Ironwood Station LLC
1635 N Greenfield Rd#115 1635 N Greenfield Rd#115 1635 N Greenfield Rd#115
Mesa, AZ 85205 Mesa, AZ 85205 Mesa,AZ 85205
101-15-1200 101-15-1210 101-15-1220
Ironwood Station LLC Ironwood Station LLC Ironwood Station LLC
1635 N Greenfield Rd#115 1635 N Greenfield Rd#115 1635 N Greenfield Rd#115
MesaAZ 85205 Mesa,AZ 85205 Mesa, AZ 85205
101-15-1260 101-15-1690 101-15-2040
Ironwood Station LLC Ironwood Station LLC Ironwood Station LLC
1635 N Greenfield Rd#115 1635 N Greenfield Rd#115 1635 N Greenfield Rd#115
Mesa, AZ 85205 Mesa, AZ 85205 Mesa, AZ 85205
-----------
------------
-------------- ------ ------
e4FOCZ
Citizen Participation Plan
Project: CPG Industrial Suites
624 N. Ironwood Road,ApacheJunction
Case No.:
February 20, 2024
Purpose: The purpose of this Citizen Participation Plan is to inform citizens, property owners,
neighbor associations, agencies, schools and business in the vicinity of this application for the CPG
Industrial Suites. The site is located at 624 N. Ironwood Road. This is an application to modify the
existing RS-20M/B-1 Mixed Zoning of 1.34 acres to B-1 Zoning.
Contacts:
Richard Clutter Jim Robinson
1635 N Greenfield Rd #144 3658S16 th Street
Mesa, AZ 85205 Phoenix, AZ 85040
4808303838 8584547326
rclutter@emc2architects.com iim2cpgconstruction.com
Pre-Submittal Meeting: Staff directed that residential and commercial neighbors within 300'are
contacted regarding the proposal and public hearing.
Progress Report:
1. Neighbors will be notified of the Zoning meeting.
2. The attached contact lists have been identified
a. Residential and business neighbors within 300'
3. All contacts will receive a project narrative, site plan and elevations of the proposed project.
4. All contacts will be notified of the Zoning Board Public hearing.
Schedule:
Application Submittal: February 21, 2024
Submittal of the Citizen Participation Report to the City-
Zoning Board Hearing-
1635 N Greenfield Rd, SUite '144, Mesa,AZ 85205
When Recorded Return to:
City of Apache Junction
Development Services Department
300 E Superstition Blvd.
Apache Junction, AZ 85119
DIMINUTION IN VALUE AND JUST COMPENSATION CLAIM WAIVERZINDEMNIFICATION/ACKNOWLEDGEMENT
I/We. , hk —0
A61—h—p—t , as owners of property identified as Pinal County Assessor Parcel
No. 101020780, which is the subject of Apache Junction City Council, Planning & Zoning/Board of Adjustment
or other Case No. hereby waive any and all potential diminution in value and just
compensation claims or lawsuits that could be pursued against the City of Apache Junction ("City"), its elected
officials, appointees and employees as a result of the Planning andZoning
Commission/Board of Adjustment/Council's action in the above-referenced matter. This waiver is authorized
pursuant to A.R.S. § 12-1134(1). I/We also hereby warrant and represent I/We am/are owner(s) of the above-
referenced property and that no other person has any ownership in such property.
Printed Name of Ow Printed Name of Owner
Mer
Signature ner Signature of Owner
Date Date
State of Arizona
ss
Co u nty otzl/j_04*)
SUBSCRIBED AND SWORN TO before me this �?4 d a y of 14 AV21,2/s,q 2 02/by
My Commission Expires:
-7
N Nota blic
ota b Iii c
Jennifer Sultzabeq
rg
c
rIzona
Notary Public
Madcopa County,Arizona
My Comm. Expires 0?7-29-24
(D )q 5
Rezoning Application Commission No.592753 Page 12 of 14
Updated 10/2020
e4FOCZ
Public Participation Report
Project: CGP Office &Warehouse
624 N. Ironwood Road,ApacheJunction
Case No.: P-24-23-PZ
October 2, 2024
Purpose: The purpose of this Public Participation Plan is to inform citizens, property owners,
neighbor associations, agencies, schools and business in the vicinity of this application for the CGP
Office &Warehouse. The site is located at 624 N. Ironwood Road. This is an application to modify
the existing RS-20M/B-1 Mixed Zoning of 1.34 acres to B-1 Zoning.
Contacts:
Richard Clutter Jim Robinson
1635 N Greenfield Rd #144 3658S16 th Street
Mesa, AZ 85205 Phoenix, AZ 85040
4808303838 8584547326
rclutter@emc2architects.com iim2cgpconstruction.com
Pre-Submittal Meeting: Staff directed residential and commercial neighbors within 300'are
contacted regarding the proposal and public hearing.
Progress Report:
1. Notification Letter was mailed to residential and business neighbors within 300'of the
property on July 24, 2024.
2. All contacts on the certified mailing list received the notification letter, site plan and
elevations of the proposed project.
3. Public information meeting was held on August 1 9th at the Apache Junction Public Library.
No community members attended.
4. Sign was posted on the property on September 201h and notarized affidavit of sign posting
was submitted.
Schedule:
Planning &Zoning Commission: October 8, 2024
City Council Hearing: November 5, 2024
1635 N Greenfield Rd, SUite '144, Mesa,AZ 85205
24 J u ly 2024
101-20-0900
Gaelen & Heather Anderson
1326 N 107 1h Street
Mesa, AZ 85207
RE: Case No. P-23-23-PZ, 624 N. Ironwood Road, Apache junction, AZ
Dear Neighbor,
An application has been filed with the City of Apache Junction to rezone the above noted property.
Property is currently dual zoned RS-20M (Residential) and B-1 (General Commercial.) The Owner
wishes to rezone the parcel to B-1 in its entirety to allow construction of a new 4,000 SF commercial
construction office and 9,600 SF warehouse. The Business, CGP Maintenance & Construction
Services, Inc. specializes in commercial interiors and millwork.
This letter is being sent to all property owners within 300 feet of the property to invite you to attend
a neighborhood meeting to discuss and comment on the project. Enclosed for your review is a copy
of the site plan and elevations of the proposed development.
The neighborhood meeting will be held on:
1 9th August 2024
5:30 pm
Location: Apache Junction Public Library-Amethyst Room
Address: 1177 N Idaho Road, Apache Junction, AZ 85119
If you have any questions regarding this meeting, e-mail Richard Clutter, EMC2 Group at
rc utter@gmc2ZrotjpQom.
Sincerely,
Jim Robinson, President
CGP Maintenance & Construction Services, INC.
Encl: proposed site plan/elevations
PLANNING & ZONING COMMISSION
DATE. Oct. 8, 2024 TIME: 7:00 P.M.
CITY COUNCIL HEARING
DA
TE: Nov. 5, 2024 TIME- 7.00 P.M.
SASE #: P-24-23-PZ
APPUCANT. EMC2 GROUP
PHONE#- 480-830-3838
PLACE: 300 E. SUPERSTITION BLVD.
APACHE JUNCTION,
, $5119
TO REZOW TO 8-110 PAC43TATE
Of',AN(WnCIE WM4 WARCHOUSE
Jf'WrEP PENA
ami PLmm4(WVXl,00-474-6093
Affidavit for Posting Notice
Case Number:—P-24-23-PZ
Project Name: _CGP Office & Warehouse
Project Address: 624 N Ironwood Drive
Sign Company Name: Sierra i ns
I confirm that the site has been posted by me or my agent for the case listed above as required by the City of
Apache Junction and a photo and/or map of the sign posting location on the property is attached.
Applicant Name: Richard utter
Applicant Signature:
g. Se t rnber 20, 2024
Date of Sign Posting: Se t rnber 20, 2024
aaa2� 0_,
OFFICIAL S��L'
STATE OF ARIZONA VIRGINIAA,ALVARADO
NOTARY PUBLIC-ARIZONA
ss. "'40 MARICOPACOUNTY
COMM#635854
MY COMM,Expires Oct.21,2026
COUNTY OF PINAL
Ackno dged and sworn to before me this day of
2 0 f
(NOT Y PUBLIC)
'02
My Commission Expires:
General Plan Amendment Major/Minor or Text Amendment Application Page 14 of 15
Updated 12/2020
PLANNING & ZONING COMMISSION
DATE. Oct. 8, 2024 TIME: 7:00 P.M.
CITY COUNCIL HEARING
DA
TE: Nov. 5, 2024 TIME- 7.00 P.M.
SASE #: P-24-23-PZ
APPUCANT. EMC2 GROUP
PHONE#- 480-830-3838
PLACE: 300 E. SUPERSTITION BLVD.
APACHE JUNCTION,
, $5119
TO REZOW TO 8-110 PAC43TATE
Of',AN(WnCIE WM4 WARCHOUSE
Jf'WrEP PENA
ami PLmm4(WVXl,00-474-6093
2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24
(0
SITE DATA TABLE
cu [if 0-1
a)
C1
_j PARCEL NO.: 101-02-0780
ry
z
Uj TOTAL LAND AREA: 1.42 AC (62,000 SF)
C)I C P CONST CTION
EXISTING ZONING. B-1, RS-20M
0
0
C PROPOSED ZONING: B-1
2
z
20'/ 10'/ 10'
SETBACKS:
C.0
OFFICE & WWAREHOUSE 13,6000 SF
GROSS FLOOR AREA:
24'
E BUILDING HEIGHT:
0
0
CU LIGHTING ZONE:
624 N IRONWOOD DR. , APACHE JUNCTION , AZ 85120
C: REQUIRED PARKING:
71 NEW OFFICE
N11 MAP-VII:�1NIT'*( 1 SPACE/300 @ 4,000 S.F. = 14 SPACES
12 1'-0 NEWWAREHOUSE
1 SPACE/ 1,000 @ 9,600 S.F. = 10 SPACES
TOTAL SPACES REQUIRED: 24
'!5 TOTAL SPACES PROVIDED: 36
EX15TINO GMU ACCESSIBLE SPACES REQUIRED: 2
1 5GREEN NALL ACCESSIBLE SPACES PROVIDED: 2
APN 101-02-0900 APN 101-02-0790 IMPERVIOUS SURFACE EXISTING: 0
- - - - - - - - - - - - - - - IMPERVIOUS SURFACE PROPOSED: EXCLUDE RETENTION
_j RS 20M ENI�) OF EX15TIN& B-1 5TREET�I&HT _j
EX15TIN6 5' GMU NALL TO 1 1 20'-0" 1
15
5' GMU NALL REMAIN 1-011 FLOOD PLAIN:
—------ -- -------------- _______31 0 —-------------- 515TE3A7C.11,
—- -----------------
------- - - ---------- —-------------- NL4
THE SUBJECT PROPERTY LIES ENTIRELY WITHIN FLOOD ZONE 'X'
43 DEFINED AS "AREAS DETERMINED TO BE OUTSIDE 500-YEAR
10
U) 5.-0:� 5--0., 10,-0.,
-----------iu_ ------- 10'-0" SETBACK 0 v L FLOODPLAIN; DETERMINED TO BE OUTSIDE THE 1%AND 0.2%
_K — - - - - - ANNUAL CHANCE FLOODPLAINS.", AS PER FLOOD INSURANCE RATE
RETENT�� 221-0 0 3 FT. GMU 5GREEN NALL
Ile ---��7 — - MAP NO. 04021 C001 5E, EFFECTIVE DECEMBER 4, 2007.
lei C-0 V�/ VIEN FENCE ABOVE
BA51N
�E q,-O"
24 FT. OATE T20r,
1�)UMF`5TER-
APN 101-02-0780
APN 101-02-092C
FIRE-0
LANE 1101-01,
RS - 20M Lo
40�
1601-01,
2
A5PHALT �1\
FAVIN&
-------------
50 FT. PRIVENAY
241-011
do CIO
Uj
C) < C:)
EX15TIN6 C:) -1 1 co 6 �
C)
CN CD
ui
6 GMU NALL CD r"')
(D WAREHOUSE OFFICE AMf1 PLANTER 1 04 (D
TO BE RA15EI��
(D
TO 6-0" 120' X 80' 50' X 80'
C)
91600 S.F. 41000 S.F. 40 10 51-0 2,- rl 1 21-411 1� 501-0 11 3;: 501-01,
L001 1�5 L,
Lor LAW (I
(D
- - - - - - - - - - - -
u_ (00--0 If '501-011 501-011 irl 51011 2-71-011 11 '01il LL_
1F_01t _61i -011 - 61- 5GREEN NALL
7'/-
APN 101-02-092A 11 5 -0 MONOMENT 51(5N
C-j 21/A200
F==
- - - - - - - - - - - -
/ F21 OF ROAD
351-011
LL] RS 20M FIRE
C?I< LU
CO C LANE
I— - 10, L NP5GAPE
LU
(f) ARE�
I # REVISIONS SUBMISSIONS DATE
)24 FT. &ATE
3 FT. rMU 5GREEN NALL
N / VIEN FENCE ABOVE
RETENTION BA51N Ns OFFICE & WAREHOUSE
101-011
RETENTION BA51N 5-REET�16HT
SETBACK PROPO�EP
02's H DR(mmam m mm
APN 101-02-093A EX15TINO 310 1-011 141-011 101-611 cl'-611 31-01, clm�
IL- - - - - - 6 CMU NALL 5GREEN NALL
341-011 NI �a
TO BE RA15EP TH V EN
TO 6-0" APN 101-02-0770 'NEN 5'-0" CMu PANEL OVE
F - - - - - - - - - -z- - - - - - - - - - NALL TO MATCH I Learning Places & Growing Spaces
RS - 20M EX15TIN& EX15TIN& 1635 N Greenfield Rd,Suite 144,Mesa,AZ 85205 P 480,830.3838 www.emc2architects.com
PRIVENAY NITH N DRAWING TITLE:
GURB OFENIN(5 SITE DEVELOPMENT PLAN
ca
DESIGNED BY: PROJECT NO.
D Designer 17923941
DRAWN BY: SCALE:
Author As indicated
< 011 101 -011 201 -011 401 -011
640 0 %11
. 0 CHECKED BY: DRAWING NO.
RICHARD J. Checker
201-011
DATE:
N
0
N Al 51TE DEVELOPMENT PLAN /->ONA SDO1
(0 DATA FILE:
N
It 111 = 201-011
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24
2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24
MATERIALS
(0 Ci-ty of Apache Ji,,tnct-ion
5TIG60
cu elf 25 -0" A.F.F. REVIEWED FOR PIANNING <�> 0:�
TYF. TYF. MFR: 5HERPNIN �NILLIMA5
& ZONING COMPLIANCE COLOR: 51�N003*7, MORRIS ROOM GREY
(D T.O. PARAPET
-0 ''mm"'
24'-0" A.F.F. 07/16/2024 Hev-vovAez
T.O. PARAPET NAIN5COT
ry
5FLIT-FAGE GMU
z MFR: 5HERNIN kNILLIAM5
W 1cl'-4" A.F.F.
OL
B.O. CANOF�(
-j
0 STONE
0
MFR: ELDORADO STONE
2
GOLOR: MAPRONA
z '�'77
H
A
C.0
HOLLON METAL NINDON 4 DOOR FRAMES
MFR: SHERY�IN kNILLIAMS
m -;REEN
COLOR: 5kN2546, ROYCROFT BRONZE C
-N L
T.O. rAF
a) 0- E3
E E3
0" A.F.F.
0 METAL ROLL-UP DOOR5
T.O. 5 LAB
CU MFR: 5HERNIN NILLIAM5
COLOR: 51,N0035, LIBRARY FENTER
FRE-FIN15HED METAL FASCIA. OUTTER, 5GUFFER,
U) PONKFOUT
MFR: 5HERkNIN NILLIAM5
Nl NORTH ELEVATION Nll TRA5H ENGL05URE — REAR COLOR: 5N2b46, ROYCROFT BRONZE &REEN
11b 11 1 1-0 it 1/41' 11-011 METAL FENCE
6 MFR: 5HERkNIN kNTLLIAM5
COLOR: 51612b46, ROYCROFT BRONZE SREEN
STUCCO
A 25'-0" A.F.F. MFR: 5HERNIN NILLIAM5
T.O. FAPAFF-T'q' COLOR: 51IN-7531, GANVA5 TAN
24'-0" A.F.F.
T.O. FARAFET POOR 4 kNINDON CANOPIES, CORNICE
H YF. MFR: 5HERkNIN kNILLIAM5
11'-4" A.F.F. COLOR: 5kN'7048, URBANE BRONZE
T.O. FARAFFT
TYF. j L7 101
-bit
00
5TUC
MFR: 5HERNIN NILLIAMS
COLOR: 5NO035, LIBRARY FENTER
H
6ENERAL NOTE5
3'-4" A.F.F.
Ile
Ile
A. 50ME BUILDINS ELEMENTS MAY NOT BE 5HOkNN ON THESE
ELEVATIONS $ SECTIONS, FOR CLARITY REFER TO ALL PLANS FOR
0" A.F.F. ADDITIONAL INFORMATION.
B. ALL EXTERIOR BUILDIN(55 TO RECEIVE NEkN FAINT FINISH, TH15
T.O. SLAB INCLUDES: kNALL5, DOORS, FRAMES, NINPON FRAMES, RAILS,
—----- ....... 6RILLE5, PIPES ETC.
TYF. TYF. C. FROV=)E EXPAN51ON JOINT5 NHERE BUILPIN& kNALL5 MEET
DIFFERENT BUILDINO MATERIALS AND kNHERE BUILDIN& MEETS
CONCRETE PAVEMENT.
I��. SEE ELECTRICAL PRAkNIN65 FOR ALL EXTERIOR LI&HTIN& AND
il 5OUTH ELEVATION ill TRA5H ENCL05URE 51PE TYF. 5FEGIAL SYSTEMS FIXTURES THAT ARE TO BE ATTACHED TO THE
BUILPINO.
1/51, v-0. 1/41' 1'-0"
TYF, MECHANICAL EOUIPMENT .1 A j A
24'-0" A.F.F. OUTLINE T(F.
T.O. PARAPET CGP
ION
CONSTRUCT
1q'
OL -4" A.F.F.
FUTURE (D
T.O. FARAFET
TENANT
A
—01,
12,
H
AM
31-411 A.F.F.
T.O. roki=
F21 MONUMENT 516N
011 A.F.F.
T.O. 5LAB
",NMI
TYF. L<�>TYF. TYF. I E
ui uj
El EA5T ELEVATION Ell TRA5H ENGL05URE FRONT
1/5" v-00 1/4" l'-O" # REVISIONS SUBMISSIONS DATE
QEP QDHII�Unu(�UKDH
OFFICE & WAREHOUSE
24'-0" A.F.F.
T.O. PARAPET 1-111F mm
A
C) 101-011 C)
C7
% Learning P aces & Growing Spaces
1635 N Greenfield Rd,Suite 144, Mesa,AZ 85205 P 480.830.3838 www.emc2architects.com
DRAWING TITLE:
. . ..............
EXTERIOR ELEVATIONS
3'-4" A.F.F.
E3 J14 (3
T.O. CAP Cn
Q10
..........
�O?" �A.F.F. DESIGNED BY: PROJECT NO.
n Designer 17923941
T.O. !BLAB
Author As indicated
TYF. 24640 0
Q0 CHECKED BY: DRAWING NO.
�? '—<�> RICHARD J. Checker
CLUTTER
LO DATE:
0 Al �NE5T ELEVATION All 5CoREEN �NALL YV VIDN FENCE /->ONA
N DATA FILE:
00 11b" = 11-011 1/411 = 11-011
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24
MENEM
PRE-Fl N1 SHED METAL FASCI AS, GUTTERS, SUPPERS, DOW4SPOLIFS
MFR: SHERV\4 N V\A LLI AMS
COLOR: SV\r2846, ROYCROFT BRONZE GREEN
METAL ROLL-LP DOORS (PAI NT)
MFR: SHERV\A N VM LLI AMS
COLOR: SV\D038, Ll BRARY PEWTER
Ilm
ENTRY V1 EW DOOR/W NDOWCANOPI ES &CORNI CE (PAI NT) STLCCO (ACCENT PAI Nr)
MFR: SHERVM N V\A LLI AMS MFR: SHERVM N V\A LLI AMS
COLOR: SW7048, LRBANE BRONZE COLOR: SV\10038, Ll BRARY PEWTER
STONE SPLI T-FACE CMUWAI NSCOT (PAI Nr) STLCCO (PAI NT) STWOO (ACCENT PAI NT)
MFR: EL DORADO STONE MFR: SHERW N W LLI AMS MFR: SHERW N W LLI AMS MFR: SHERV\A N V\A LLI AMS
COLOR: MADRONA COLOR: SV\0038, Ll BRARY PEWTER COLOR: SV\,0037, MORRI S ROOM GREY COLOR: SW7531, CANVAS TAN
OFFICE & WAREHOUSE ezhfC2
CGP CONSTRUCTION Learning Places&Growing Spaces
-----------------------------.
2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24
co
KEYNOTES
CID
a)
C
ry
z
W
N1
rF kl-)6,
0 �A20jr
0
501-011 501-011
C
2
z
C.01
0 0
z z z z z z
E
0
CU
0 0 L
�NAREHOUSE
0 #2 0
3,131 5F R15ER
Nt BULLPEN
ACCOUNTINO
30 5F Ln
1,0655 100 5F
COPY
Room 'ACCOUNTT-N6
'71 5 F 100 5F
.00 311-411 -71-011 311-101, 111-2111 —j
JL-
-—-—-—-—-—-—-N -—-—-—-—-— —-—-—-—-—-—-—-—-—-—-—-—-—-—-—-—--IT---
7 ,
�A
,�01 42 5F BREAKROOM CONFERENCE
Ile
1*75 5F 236 5F
T
RF6, �ZM� EN5
-10
ELEC "-�75 5F
,TRI:C,AL
."70 b 5F/
113 1
PLANTER
---------- E
In 102 5F
00,
m
AOMEN EN5
/10-7�
Al '705 110" -7b 5F/
00 060 5 F
-Nv— pj�
-T-
'70'-5" C11-011 121-411 BULLPEN 3.71-011
Ile
C1,15TOPIAL PHONE�=—1 '725 5F
ROOM
60 5F
-------------------------NK----------- ---------------------- ----- -- —63 5F
CD 0
V VIARE�OU5E Fm
Oil
12 121-611 121-511 121-211
5,564 5F
&ENERAL NOTES
PRE51L)ENT
FLEET ROCUREMENT HR U-
A. -
225 5F 131 5F 130 5F 131 5F
cjyo 0
U-1 Lu
# REVISIONS SUBMISSIONS DATE
(M0 0Bm,
0 0
OFFICE & WAREHOUSE
z 7 7 7 7 7 z z 7- z z 7777777=� 7777=
NA20Y
501-011 501-011 Learning Places & Growing Spaces
1635 N Greenfield Rd,Suite 144,Mesa,AZ 85205 P 480,830.3838 www.emc2architects.com
DRAWING TITLE:
1301-01,
FLOOR PLAN
ca
DESIGNED BY: PROJECT NO.
PLAN TRUE D Designer 17923941
N N DRAWN BY: SCALE:
0- Author As indicated
00 640 0 0 CHECKED BY: DRAWING NO.
RICHARDJ. --q
Checker
J05F
FA
(Q)
j
DATE:
0
N Al FLOOR PLAN /->ONA k3 - DATA FILE:
00 Al 00
CD 1/5 1-0
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24
MA]
mmFAlkl&L
dh
AND
OF
Ism
amp
------------------------------------
-------------------
Offlyl!
OFFICE & WAREHOUSE
Lear ning Naces & Growing Spaces
1635 N Greenfield Rd,Suite 144, Mesa,AZ 85205 P 480.830.3838 www.emc2architects.com:
DRAWING TITLE,
Of
PRELIMINARY LANDSCAPE PLAN
----------------------------------
PROJECT NO.
17923941
DRAWING NO.
Lml
BENCHMARK
0
T
SUPERSTITION BOULEVARD
THE BENCHMARK USED FOR THIS SURVEY IS THE CITY OF APACHE JUNCTION PRELIMINARY GRADING AND DRAINAGE FOR a- _j
POINT NO.: 102, BEING A 3" SALT RIVER PROJECT BRASS CAP FLUSH, LOCATED (n <
0 �_
T Z
AT THE SOUTHEAST CORNER OF APACHE TRAIL & IRONWOOD DRIVE ON THE C** * Lj
SOUTH EDGE OF CONCRETE, HAVING AN ELEVATION OF 1685.771', NAVD 88. Lu Lu Qj _j a
Lu (1)
IRONWOOD WAREHOUSE > > 15
ry M N cz W 23 w
BASIS OF BEARING 0 z 0 ui
624 N IRONWOOD DR 0 w 02 -1
< _j <
::D L
THE BASIS OF BEARING IS THE MONUMENT LINE OF SUPERSTITION BOULEVARD, 0 >
APACHE JUNCTION ARIZONA 85120 < 77 -1
U) w
ALSO BEING THE NORTH LINE OF THE NORTHEAST QUARTER OF SECTION 19, 0 0
M Of x
USING A BEARING OF NORTH 89 DEGREES 55 MINUTES 00 SECONDS EAST PER I W Low < w
I
LC2 I
THE AMENDED PLAT OF "NEWTON" IN BOOK 5 OF MAPS, PAGE 23A, RECORDS E. FACE OF WALL IS LO ww L000� P, LLLL
OF PINAL COUNTY, ARIZONA. E7�
Lq ON BOUNDARY LINE EXISTING APACHE TRAIL
F) w W :2) 0
E. FACE OF WALL IS 0.66' 0 SMH 4% W T'O 04
LEGAL DESCRIPTION W. OF BOUNDARY LINE < :=0 Z 0N
0
00
cr_
EXISTING
LOTS 23 & 24, NEWTON, ACCORDING TO BOOK 5 OF MAPS. PAGE 23 & AMENDED IN cn� z <NO <0 y
I VICINITY MAP w FE "
BOOK 5 OF MAPS, PAGE 23A, RECORDS OF PINAL COUNTY, ARIZONA. LLJ --------------- 2" GAS I I w 0
LINE NOT TO SCALE
cq c� 2 M
J
Lo , ,
-Jo 0 f)
rS. FACE OF WALL IS 0,6p w no(o 0 CL
EXCEPT THE EAST 17 FEET OF LOTS 23 & 24, NEWTON, ACCORDING TO BOOK 5 OF MAPS, N. OF THE BOUNDARY LI E. C) S. FACE OF WALL IS
V_ I I ON BOUNDARY LINE.
PAGE 23 & AMENDED IN BOOK 5 OF MAPS, PAGE 23A, RECORDS OF PINAL COUNTY, S 89*56'14" E Q 359.87' _71 CIVIL ENGINEER:
=6=.6--
ARIZONA AS CONVEYED TO THE CITY OF APACHE JUNCTION IN r- - --- ---- 17.0 33.00
P=97.59 24 -,P=97.85 I
RECORDING NO. 1999-010465. �tP=96.00 22' -o, - ) I - I I FRONT 3125 S. BIRCH STREET
---- ------- -- ------ - I ACK I GILBERT, ARIZONA 85295
i --- -;;Z�--- ---P=98.3 SE
E. FACE OF WALL IS 0.66 1 1 11' --1 - - - - - - 1\ 47 33' RIGHT-OF-WAY
p
W. OF THE BOUNDARY LINE. \
L___� 11 - 327.00' (R) P: 602.694.2880
ABBREVIATIONS AND LEGENDS BASIN #3 15 P=97.57-/ 32 9 8.0 3 1 PER BK. 5, PG. 23, E: jeff@ever-civii.com
5 1 P.C.R.
rr, - I r0%
FL FLOW LI N E RET REQ = 1,319 CF P=96.90 GATE CONTACT: JEFF WIMMER
3
FF FINISHED FLOOR RET PROV = 900 CF u') 97.58 P=98
4
r_ P=97.71 2�1 .10 N
TIC TOP OF CURB HWE =1 695.5 FT 0 N, U0 --Fn
0 1 0 ON ARCHITECT:
PkG NATURAL GROUND BOT =1 693.5 FT z P=98.02- c� c� 0
24 1 00 0 EMC2 ARCHITECTURE
lk 0 1 1� _.(E)
P PAVEMENT EASEMENT FOR EXCEPTION AREA 17 R.O.W.
L COMMU C 6 1 �2 2 L z
C CONCRETE kE E NI ATION,8-' '--P=96.24 CONVEYED TO CITY OF APACHE 1\ 8 10 1635 N GREENFIELD RD, STE 144 0
12 JUNCTION PER 1999-010465, P.C.R. MESA, ARIZONA 85205
RIM TOP OF RIM - , c/)
0
X D: 602.999.2287
INV INVERT ELEVATION '0^04 1 04 �J* . . .
c� (� o P=98.02 E: RClutter@EMC2Group.com af I .:I NJ nj M-1
TOP TOP OF PIPE 00
00 o 30' 1 4 1
HT. HEIGHT ol 3 wm CONTACT: RICHARD CLUTTER, AIA
A.P.N. ASSESSORS PARCEL NUMBER 2.00%
I - P=97.95
P.C.R. PINAL COUNTY RECORDS \14 P=96.85 <
1 .00% 1 P=97.68 OWNER:
R/W RIGHT OF WAY o 1/ 2 Pe _j
o Lq 9!--, �9 Lu/ CGP MAINTENANCE & CONSTRUCTION SERVICES, INC.
n , - me
BK. BOOK 3 25 lq;z�
0 2830 S TERRELL
10 /6 1 >
PG. PAGE o re, 1;
Q5 1 �_I! MESA, AZ 85212-2158 Lu
P TYPICAL 1b A-y �j P=97.41-
TY P=96.73-' .K C14 0 �t 0 P: 858.454.7326
0 :� (D
0 0 E: JIM@CGPCONSTRUCflON.COM uj x
R) RECORD PER DESCRIPTION 10' REAR SETBACK oo P=98.00-,, 4 U �ITS
M) MEASURED --------
o < CONTACT. JIM ROBINSON
M IA
BOUNDARY LINE 14 1 WAREHOUSE OFFICE 27.00' (R) C)
D S 89*56'14" E
/.Tt 5.63% P 97.40 26.80' (M)
c�
_< 0
CONCRETE SURFACE BASIN #4 2.17% '.4 P=97.41' 0
=96.94- N
(� 0
CENTER LINE OR MONUMENT LINE o t�l 0
23 -4 120' X 80' - - 50' X 80' 7 6 2 > PROJECT DESCRIPTION
24 INCH VERTICAL CURB & GUTTER RET REQ = 1,980 CF o 1 916 0 0 S.F. -- 41000 S.F. ;Z UNI S NEW OFFICE & WAREHOUSE BUILDING WITH
24 INCH ROLLED CURB m PARKING AND STORM WATER RETENTION,
i
RET PROV = 2,022 CF >
-P=98.00- D Uj 2z 0
6 INCH CONCRETE CURB SEWER, WATER AND FIRE SERVICE Q)
1 11 , ct Ld z -j -
INDICATES DRIVEWAY (MEANS OF ACCESS) FF=1698.52 P=96.43 P=96.04 L(f) 06
EXISTING WALL 81 /9 9�9, I / �--..)- , I <
WALL P=96.24 PAD=97.85 1 .0M 11\ 0
_x_ OPENINGS Ij
FENCE f N m 8 SITE DATA: (D
0AE-- - N 0
OVERHEAD ELECTRIC LINE 0
\ _. 10 APN: 101-02-0780
-G- UNDERGROUND GAS LINE I I Ln EXISTING I 'C�15 E� N
UNDERGROUND SEWER LINE 11 30' -P=97.95 4 1 1-N WATER TOTAL LOT AREA: 61,971 SF or 1.43 ACRE k
I IP APO: B-1, RS-20M MIXED ZONING
24 11 0 VALVE L.J Qy r
_w_ UNDERGROUND WATER LINE f --4"'P=98.02 0 ORDINANCE 0 <
EXISTING 8"
SET J" REBAR WITH ALUMINUM CAP STAMPED L 3
12 0 0
00 ON CONCRETE PROPOSED ZONING: B-1
"KLEIN 42137" '0'N "-005 C3
c� c� ASBESTOS FRONT SETBACK - 20 FT (D
�3 0 1 1 2.84% WATER MAIN SIDE SETBACK - 10 FT
SET J" REBAR WITH ALUMINUM CAP WITNESS
r--", P=98.02-1 REAR SETBACK - 10 FT >_
CORNER STAMPED "KLEIN 42137 WC" (05 BASIN
@ 6 P=97.59 p Y)
SOUTH) W. FACE OF WALL' IS 0.67' 5 61,1110- RET REQ 1,584 CF
00 00 c)
it 6: 3 1698 _j RET PROV 189 CF 00 EARTHWORK (RAW), <
W. OF THE BOUNDARY LINE. 0
Z SET NAIL IN WASHER STAMPED "KLEIN 42137 HWE =1 695 FT z z EXISTING -15 z U)
15 3.1 BOT =1 694 FT SEWER LIN 78 CY SITE CUT p--q R i�
97.17 GATE I" � co
FOUND J" REBAR WITH NO IDENTIFICATION SET W. FACE OF WALL IS 0.11' /=97.00 P=95.00 50' 5d' 219 CY TANK CUT
=P
W. OF THE BOUNDARY LINE. R/W R/W 2,487 CY FILL LQ
ALUMINUM CAP STAMPED "KLEIN 42137"
21 2,190 CY NET RAW FILL (IMPORT)
r ----- 4 J.
17---
EXISTING WALL OPENINGS & 7.00, (R) 1696
0 FOUND REBAR WITH YELLOW PLASTIC CAP 6.72' (M)
cf) PROJECT SITE LOW OUTFALL -x - - - - - - - 7 \ 17 0' 33.00' uj
F-m,�i E 4
5 15 1 309.72' 359.72'
_j
GRUBBING, SCRAPING, OR OTHER CONTRACTOR
BASIN # FACE OF WALL iS 0.�3' x S. FACE IF WALL IS-
MONUMENT FOUND AS NOTED N. OF THE BOUNDARY lui\E, ON BOUNDARY LINE. LLJ S. FACE OF WALL IS 0.37' EXISTING
F0 '�7s.
Q) N 89*_6'_ RAW VALUES DO NOT INCLUDE CLEARING,
CL STAMPED "KLEIN 42137" ELEV: 1693.89
2
Q) RET REQ = 1,093 CF S. OF THE BOUNDARY LINE. MEANS & METHODS OF CONSTRUCTIONS
01;111f,"I'll!"I'l AIA111111� X111111PI'l "KIM 14 A211111"R111,1% F A11RINT, '1,z�,*
RET PROV = 877 CF 22 .5siona/
0 CALCULATED POSITION NO MONUMENT FOUND
C:) w KAI
HWE =1 695.5 FT
OR SET V-- (n
BOT =1 694.5 FT --- -------- 43854
Q) L
JEFF
0 SCHEDULE B ITEM WIMMER
> 0 CONSTRUCTION NOTES 0 0 WATER & SEWER NOTES 0-
-4- 40 s
co 7-N
REMOVE DRIVEWAY ENTIRELY & REPLACE WITH VERTICAL CURB & GUTTER & CONSTRUCT CATCH BASIN PER MAG STD DTL 535 TYPE "F" LD 6- FIRELINE PIPE, 6" PVC C900 DR18, MIN 4' COVER.
4-
0 RETENTION CALCULATIONS SIDEWALK PER MAG STD DTL 230 DUAL CHAMBER DRY WELL v__N INCLUDE TRACER WIRE AND WARNING TAP.
INSTALL 1" WATER SERVICE AND METER (SR 11 WATER METER AS
REQUIRED RETENTION FOR 10YR-24HR STORM EVENT SAWCUT, REMOVE CURB, GUTTER AND SIDEWALK
0 VR = 1.1 * 0.2 * (Cpost - Cpre) * A INSTALL LOOSE, ANGULAR RIPRAP AT CURB OPENING. OVER NON-WOVEN SPECIFIED BY ARIZONA WATER COMPANY) WITH BACKFLOW
E
VR = RETENTION VOLUME REQUIRED (CUBIC FEET) CONSTRUCT AC OVER ABC PER RECOMMENDATIONS OF GEOTECHNICAL REPORT GEO-MEMBRANE FABRIC. D50=4", 6" THICK PREVENTER PER MAG STD DTL 320 & 611-1
INSTALL 1" TYPE Y COPPER TUBING WATER SERVICE
1.1 = AN ADDITIONAL 10% OF RETAINED VOLUME TO ACCOUNT FOR LOSSES DUE TO CONSTRUCT VERTICAL CURB PER MAG STD DTL 222 CONSTRUCT ACCESSIBLE CURB RAMP
SEDIMENTATION, WEED GROWTH AND THE LIKE @ IWIIW�ickATW=R"Mrr�o
Q) 3: u-
CONSTRUCT CURB AND GUTTER PER MAG STD DTL 220-1 SAWCUT, REMOVE AND REPLACE EXISTING PAVEMENT PER C.O.A.J. STD DTL
0.2 FT 10-YEAR, 24 HOUR DEPTH OF RAINFALL (2.4 INCHES/12) @ USE EXIST WATER METER AS 3/4- IRRIGATION SERVICE METER cn
20.3, 2.5" A-12.5 OVER 3" A-19 OVER 12- ABC, OR MATCH IN KIND
co Cpost A COEFFICIENT RELATING THE RUNOFF TO THE PROPOSED CONSTRUCTION CONSTRUCT SIDEWALK PER MAG STD DTL 230 (WHICHEVER IS GREATER) WITH BACKFLOW PREVENTER PER MAG STD DTL 611-1.
(PER FCDMC DRAINAGE DESIGN MANUAL, VOLUME 1, TABLE 3.2) INSTALL 6" PVC SDR35 SEWER LINE '0 LLj
co Cpre A COEFFICIENT RELATING THE RUNOFF TO RAINFALL FOR THE EXISTING CONDITION ACCESSIBLE PARKING. ALL PAVING IN THIS AREA SHALL BE MAXIMUM 2% CROSS SLOPE @ MONUMENT SIGN k�j N 04 _j LIJ
_+� z
c IN ALL DIRECTIONS. ACCESSIBLE STALL SHALL HAVE SIGNAGE PER THE CITY OF APACHE
Q) (PER FCDMC DRAINAGE DESIGN MANUAL, VOLUME 1, TABLE 3.2) CONSTRUCT CATCH BASIN PER MAG STD DTL 531 TYPE "B" FOR v__N <
E JUNCTION TITLE 11 AMERICANS WITH DISABILITIES ACT AND TITLE VI CIVIL RIGHTS PLAN @ CONNECT TO EXISTING SEWER SERVICE LINE 0 Lu z
A = DRAINAGE AREA, INCLUDING 1.2 OF ALL ABUTTING STREETS (SQUARE FEET) HALF-STREET RUNOFF ku V) bi
0 @ CONSTRUCT TRASH ENCLOSURE PER ARCHITECTURAL PLANS
22
_0 VREQD = - 0.50) 61,971 SF @ REMOVE & REPLACE SHARED DRIVEWAY, SIDEWALK, & CURB & GUTTER TO SAWCUT, REMOVE AND REPLACE EXISTING PAVEMENT PER
1.1 * 0.2 FT * (0.75 0 14- (5
3,969 CF CONSTRUCT CONCRETE DRIVEWAY APPROACH PER MAC STD DTL 250-2, MIN 30-FT SERVE PARCEL TO THE SOUTH ONLY PER MAG STD DTL 250-2, MIN 16-FT C.O.A.J. STD DTL 20.3, 2.5- A-12.5 OVER 3- A-19 OVER 04 z
-a VREQD = DRIVEWAY ENTRANCE WIDTH 0
co DRIVEWAY ENTRANCE WIDTH 12- ABC, OR MATCH IN KIND (WHICHEVER IS GREATER) 04
EXISTING 6' WALLS ADJACENT TO RESIDENTIAL PROPERTIES WILL BE RAISED SAWCUT, REMOVE AND REPLACE EXISTING CURB AND GUTTER 0
TOTAL PROVIDED RETENTION CONSTRUCT 40" SCREEN WALL @ Of 00
TO 8' Lu a_
< 0 0
UNDERGROUND RETENTION + SURFACE RETENTION 2' WIDE CURB CUT PER MAC STD DTL 226-1 Of n
VPROV = 0 (�� "NO PARKING FIRE LANE" SIGNS SAWCUT, REMOVE AND REPLACE EXISTING SIDEWALK 0 a_ N
0 = 2,247 CF + 900 CF + 877 CF + 203 CF k?j -
= 4,226 CF > 3,969 CF @ INSTALL 12" ADS STORM DRAIN PIPE SEE ARCHITECTURAL PLAN FOR FIRE ACCESS GATE DETAILS STA�US
PROVIDE FIRE DEPARTMENT CONNECTION
@ UNDERGROUND RETENTION STORMTECH SC-740 0' 10' 20' 40 FOR REVIEW
WTE
op-7
TB
T '7"
FLOOD DESIGNATION ISOLATOR ROW PER STORMTECH DETAILS AND SPECS DATE OF FIRM BASE FLOOD ELEVATION FIRE HYDRANT ASSEMBLY MAG STD DET 360 & 362 SHEET NO.
COMMUNITY NUMBER PANEL NUMBER SUFFIX (INDEX DATE) FIRM ZONE (IN AO ZONE USE DEPTH)
SCALE: 1"=20'
0- THE SUBJECT PROPERTY LIES ENTIRELY WITHIN FLOOD ZONE Y DEFINED AS "AREAS DETERMINED TO BE OUTSIDE 500-YEAR FLOODPLAIN; DETERMINED TO C1.1
0 04021C 0015 E DEC. 4, 2007 X N/A FIRE RISER ROOM
0 BE OUTSIDE THE 1 % AND 0.2% ANNUAL CHANCE FLOODPLAINS.", AS PER FLOOD INSURANCE RATE MAP NO. 04021COO15E, EFFECTIVE DECEMBER 4, 2007. 1 1 1 1 1 1 - I Q J2 SHT 01 OF 01
ALT-A NSPS lzz
C,
Q--
CS
LANO I I I I. E SURVEY
OF A PORTION OF THE NORTHEAST QUA R TER OF SECTION 19,
TOWNSHIP 1 NORTH, RANGE 8 EAST OF THE GILA AND SALT
RIVER BASE AND MERIDIAN, PINAL COUNTY,
NOTES ARIZONA ILI
1) 777e basis of bearing is the monument line of Superstition Boulevard, also being
the North line of the Northeast quarter of Section 19, using a bearing of North 89
degrees 55 minutes 00 seconds East, per the Amended Plat of "NEWTOWN" in Book
5 of maps, Page 23A, records of Pinal County, Arizona.
2) All title information and the description shown is based on a Commitment for
77t/e Insurance issued by Stewart 7-Itle Guaranty Company, Commitment Number REFERENCES
1785944, dated August 2, 2022 and that all easements, covenants and restrictions
referenced in said title commitment or apparent from a physical inspection of the SUPERSTITION BUULLVIARD GENERAL LAND OFFICE RECORDS ON FILE WITH THE U.S. DEPARTMENT OF THE
site or otherwise known to me have been plotted hereon or otherwise noted as to INTERIOR BUREAU OF LAND MANAGEMENT
their effect on the subject property. AMENDED PLAT OF NEWTOWN" RECORDED IN BOOK 5, PAGE 23, PINAL COUNTY
J) There are no striped parking spaces on the subject property. LU RECORDS
, I I
C�
4) 7he building lines and dimensions shown depict the exterior building footprint Q
at ground level based on field measurements. This information is intended to depict LU AMENDED PLAT OF "NEWTOWN" RECORDED IN BOOK 19, PAGE 238, PINAL
C� COUNTY RECORDS Q)
the general configuration of the bu#ding at ground level and may or may not be 15
the exact dimensions of the building foundation. The building square footage shown PLAT OF "CA YTON SUBDIWSION" RECORDED IN BOOK 5, PAGE 21, PINAL COUNTY
is based on the exterior building footprint and is not intended to reflect the interior UJ
or leasable area of any building. The building offset distances shown are to actual RECORDS ca
Uj
bu#ding corners. Building heights shown are the measurement between the adjacent
natural ground to the highest point on the bu#ding visible from the ground. PLAT OF "APACHE ADDITION ACRES" RECORDED IN BOOK 5, PAGE 32, PINAL
COUNTY RECORDS C) c)
(:::� N
5) According to FEMA Flood Insurance Rate Map, Map Number 04021CO015E, APACHE TRAIL BOUNDARY SURVEY IN 2020-072JJ2, PINAL COUNTY RECORDS E�
dated December 4, 2007, and Revised on October 16, 2012, the subject property is C)
located in Zone X (shaded). Zone X (shaded) is defined as "Areas of 0.27. annual RECORD OF SURVEY IN 2017-058424, PINAL COUNTY RECORDS
chance flood, areas of 17. annual chance flood with average depths of less than 1 :��
foot or with drainage areas less than 1 square mile, and areas protected by levees VICIM i Y' MAP RECORD OF SURVEY IN 2023-089J75, PINAL COUNTY RECORDS (Z'
from 17. annual chance flood."' rz
NOT 70 SCALE (J
RESULT OF SURVEY IN 2011-087J58, PINAL COUNTY RECORDS
6) 7he surveyor was not provided with zoning information by the owner pursuant zi
to Table A item 6(a) and 6(b). RECORD OF SURVEY IN BOOK 1, PAGE 115, PINAL COUNTY RECORDS
7) This survey shows visible above ground evidence of underground utilities or RECORD OF SURVEY IN BOOK 5, PAGE 2J, PINAL COUNTY RECORDS
facilities on the subject property. No guarantee can be made as to the extent of
the utilities avai(able, either in service or abandoned, nor to their exact location. In RECORD OF SURVEY IN BOOK 21, PAGE 208, PINAL COUNTY RECORDS
Cl-
the event this site is to be developed or improved this survey should not be used
for design purposes. Please call an underground utility locator or "ARIZONA 811" at
(602)26J-1100 for the precise location and extent of all utilities in the area prior
to any design andlor excavation.
8) At the time the field work was performed, there was no observable evidence if
of recent earth moving work, building construction or building additions. SCHEDULE B ITEMS
9) 7he Surveyor has not obtained any information relating to, and has no Easement for telephone and telegraph lines and rights incident thereto, as set
knowledge of any proposed changes to street right of way lines. Except as shown forth in instrument recorded October 14, 1966, Docket 468, Page 261.
hereon no evidence of recent street or sidewalk construction or repairs was (PLOTTED HEREON) DESCRIPTION
observed at the time of this survey. Easements, restrictions, reservations, conditions, set back lines and all other Lots 2J and 24, NEWTOWN, according to Book 5 of Maps, Page 23 and Amended
10) 7here was no observable evidence of cemeteries, gravesites, or burial grounds matters as set forth on the plat of Newtown, recorded in Book 5 of Maps, in Book 5 of Maps, Page 23A, Records of Pinal County, Arizona.
on the subject property as disclosed by record documents provided to the surveyor, page 2J and in Book 5 of Maps at page 2JA but deleting any covenant, Except the East 17 Feet of Lots 2J and 24, NEWTOWN, according to Book 5 of
condition or restriction indicating a preference, limitation or discrimination
or observed in the process of conducting the survey. based on race, color, religion, sex, handicap, familial status or national origin. Maps, Page 2J and Amended in Book 5 of Maps, Page 23A, Records of Pinal X
0
(NO PLOTTABLE EASEMENTS REFERENCING SURVEYED PROPERTY ARE CREA7ED County, Arizona as conveyed to the City of Apache Junction in Recording No. 4-
11) 7he subject property has direct physical access to Ironwood Drive, being an BY THIS DOCUMENT) 1999-010465.
(0
improved and open public right(s)-of-way.
Restrictions relating to Residential Fireplaces imposed on said land by reason
0
12) The descriptions provided mathematically close and contain no gaps, gores or of Ordinance No. 121207-AQ1 by the Board of Supervisors of Pinal County, I E E
0) 0 0
overlaps between the parcels described. Arizona, recorded in Fee Number 2008-001862. r- (0 0 0
(PERTAINS TO ORDINANCE NO. 121207-AQ1 REWSING RES7RIC77ONS ON OU7DOOR 0) N 00 & 6
.�! 0 C:
1 J) This ALTA / NSPS Land 7-Itle Survey was prepared specifically for the use of BURNING, ON RESIDEN77AL WOOD COMBUS77ON & ON OPEN BURNING PERM17S L- LO
the parties named in the certification and their representatives. Use of this survey OVER TOWNSHIP 1 NOR7H, RANGE 8 EAST - NOT PLOTTABLE) C) 00 (D
(0 > >
by any other party is forbidden unless expressly permitted in writing in advance by L- L-
N
Superior Surve.)4ng Services, Inc. This survey is not to be used for design purposes.
<,- E
Superior Surve)�ng Services, Inc. shall have no liability for any unauthorized use of 0 0 6 0
this information without their prior written consent. CERTIFICATION- (_) >�.(,) z *L-
'E Q) (1)
a) 0 a CL
To. NEXBANK, its successor andlor assigns, as their interest may appear; LOREN C 0 :3
0
dAMES ROBINSON; ANDREW P. LIBERTY; EMPIRE 77TLE AGENCY; and STFWART 77TLE _J
CL 3: @
0
GUA RA N TY COMPA N Y- C'4 3:
0
7his is to certify that this map or plat and the survey on which it is based were 04 1
N 0)
made in accordance with the 2021 Minimum Standard Deta# Requirements for IT- (0
ALTAINSPS Land 7-itle Surveys, jointly established and adopted by ALTA and NSPS, N 00
I
and includes Items 1, 2, 3, 4, 6(a), 6(b), 7(a), 7(b)(1), 7(c), 8, 9, 1J, 14, 16 and V')
N
17 of Table A thereof 7he field work was completed on May 17th, 2024.
AREA 1 . 423 ACRES- D."
.SIGNIFICANT OBSER VA TIONS Date of Plat or Map: May 22, 2024 1-b '.\'Flc/�
David S. Klein �17
61f 971 SQ. FT. R.L.S. 42137 41 '6" 2137
AT THE TIME OF THIS SURVEY THERE WAS NO WSIBLE EVIDENCE OF P07EN77AL DAVID S
ENCROACHMENTS OBSERVED ON SUBJECT PROPERTY KLEIN
5122124
/7ed--
DWN: ALM CHK: DB
SHEET 1 OF2
DATE. 512212024
-70B:202405018
z
Q)
- ct
Lu
N
(BASIS OF BEARINGS)
Ec_�'j N 89*55**00** E SUPERSTITION BOULEVARD 2641.J6'
1928.5J' 712.84'
E FACE OF WALL IS
LOT 31 ON BOUNDARY LINE LOT 25
AUD PLAT OF Alb,WTOWN E. FACE OF WALL IS 0.66' A&D PLA T OF NEWTOW
Bxl r�, P(,,,". 2,3.11, P.(.-..,re, W. OF BOUNDARY LINE 13K 5, PG, 235,4, F C,R. Lo
A.P,N. 10102-0900 A�FN. 10102-0,7,�,90
GAELEN BUCHAN I'E"s ()',7,,41 MA/W0 ZA VALA & 7AVALA DAIWAL
& RC)1,)� Gl,)[,,"2,- EHIKA, V Vlt LARIWE'Al
Di-'7�',,`T) 2(`,)2_?2--1094,`,, DEEZ) 20.2 1,---15784J
Lo V,
S. FACE OF WALL IS 0.60' S. FACE OF WALL IS
N. OF THE BOUNDARY LINE. ON BOUNDARY LINE.
J59.8z, _j
0
J09.87' x 17.00 11.00'
�%Vl 0 20 40
65.JJ'
FACE OF WALL IS 0.66' Lu
W OF THE BOUNDARY LINE. SCALE IN FEET
L
x SCALE 1" 20'
L
"A' . . .
p Q)
4' EASEMENT FQR�_
CA�
7ELECOMMUNICA 77 S LQ
x Lu
z ��L� ca
LOT 24 uj
LEGEND
BOUNDA R Y LINE c) c)
Q) Q_
L 0 T 5,3' Q) (o CEN7ER LINE OR MONUMENT LINE
N id (::s I (::s Qsvl, N
AMID f"LA 7" lVk WTOWN Q) Q) CONCRETE SURFACE
L6 Qs Q) Q) Q)
Lo 13K -!5, PG, 2-3,41, P.C.R. 24 INCH VER77CAL CURB & GUT7ER
A./,�Pvf. 101-02'-092C
24 INCH ROLLED CURB
Hl"WRY R0t3l,,R TA J GOR5'10'
TY) 0,3'21064010 V"V 6 INCH CONCRETE CURB
Q)
x INDICA 7ES DRI VE WA Y (MEA NS OF A CCESS)
Q)
Lf) IN WALL
Q) v: 1 1 1 1
Q) Q) zi
X— FENCE
Lu d all.E.— OVERHEAD ELECTRIC LINE
CL
FOUND NAIL IN WASHER
'C'
V c STAMPED "KLEIN 42137" (o :-z
c� 19.7' V"I'l Qj
40 V"I'l Q) SET PER BK. 2023-089375, P.C.R.
FOUND 112" REBAR
LQ 4p A.P.N. 101-02-0780
Q) c)
C) 0. WTH ALUMINUM CAP
d ... STAMPED "KLEIN 42137"
c� — — ------------ — ------------
S 89*56'14" E 32 7.00' (R) V Q) .. . . SET PER BK. 2023-089375, P.C.R.
L 1�%,'%l I I
RE
FOUND 112 BAR
J26.80' (M)
-, I KITH ALUMINUM CAP
STAMPED "KLEIN 42137 WCO
LIMITS OF R
BUILDING _C�L_ (SOUTH 0.5) SET PE
OVERHANG SPOIL PILE BK. 2023-089J75, P.C.R.
Q Q) Lr) ""VA V RE
126.55' 5.0' (TYP.) ;oz FOUND 112 BAR
6' TEMPORARY- WTH ALUMINUM CAP
CHAIN LINK" STAMPED "KLEIN 42137"
624 N. IRONWOOD DRIVE k FEN SET PER BK. 2023-089375, P.C.R.
Q) Q) Lo
Q) ONE STORY BRICK BUILDING Q)
40 1.6 lv:, !.0 Q� I FOUND 112- REBAR WTH
L 1,424 SQ. FEET
YELLOW PLAS77C CAP
x
WALL OPENING HEIGHT 12'± U) STAMPED ILS 21778"
Lo
1' (TYP.) 5.1' CALCULA TED POS177ON
Lo Q: :Z:,,�
lopoo NO MONUMENT FOUND OR SET
l'o P VC LIMITS OF co SCHEDULE B 17EM
UNDERGROUND 06 1 Q) a 11-1
Q) Q) 40' ROCK AREA x
Q) Q) Q) 4* PIPE (TYP.) Q) DOWN GUY
LOT 34 [
1 Q) 21.2' LOT 23 d cti"'I' :z %%V 0 GUARD POST OR GA TE POST
AMID PLAT OF NEWTOWN Q) Q�1'1
CL _1 MAIL BOX (o
rm
LX 15, PG. 23A, F a R, Q) Q) cq
AJ"Jv`. 101(,%9--09,3,16, Q) Lo PEDE57RIAN ACCESS RAMP
(3A,RC/A ()MAR ftZ) ftLo . . . 0
W FACE OF WALL IS 0.67' 0 POWER POLE I E E
D 2(923062804 u W. OF THE BOUNDARY LINE. (3) SEWER MANHOLE V) 0) 0 0
Q) Q) rl- (o 0
Q) Q) S7REET SIGN 0) C'4 00 &
�> 0 c:
WA 7ER METER
Z! Z: L_ L() 5;�,
C) 00 04 (D (D
0 lili VALVE (o > >
W FACE OF WALL IS 0.11'm- COMMUNICA 77ONS MANHOLE N Z)
W. OF THE BOUNDARY LINE. . . . U)
FS FACE OF WALL IS 0,2J' S. FACEIF WALL IS S. FACE OF WALL IS O.J7' I �:� Lc-j
A.P.N. ASSESSORS PARCEL NUMBER
0 0
P.C.R. PINAL COUNTY RECORDS o
L
N. OF THE BOUNDARY LINE. ON BOUNDARY LINE. S. OF THE BOUNDARY LINE.
_x J09.72' 17.00, ,,-,-, Ji.00' RIW RIGHT OF WA Y 'a) a CL
d I V"
—— ———————— —— BK. BOOK 0 0
+
N 89*56'15" W J59.7�———————— ————— — _j @
PG. PAGE CL C,4
0
LQ
(TYP.) TYPICAL o CZ
LOT 22
A Ei` PLA 7- OF NLEA/7 —————————————--——- ---:c (R) RECORD PER BK. 5, PG. 23A, P.C.R. 04
M TO WAI cq 0)
(M) MEASURED (o
04 00
Q)
A�',P./V. 1010121---077(9 EDGE OF
Bl< PG. 2J3W, P.GN,R,
L-RA/1-EY �SZEAN DIRT ROAD
(TYP.) 04
Dfl-F) 2017-070193
404.67' Rdi 1523.66' 712.90' Ki
S 89*56'12" E APACHE TRAIL 2641.24'
IAND
A
4 37
D I &
KLEIN
51129221129
DWN: ALM CHK: DB
SHEET 2 OF 2
DATE. 512212024
-70B:202405018
City of Apache Junction, Arizona 300 E Superstition
Boulevard
Agenda Item Cover Sheet Apache Junction,AZ
85119
Agenda Item No. 18.
File ID: 24-890
Sponsor: Nicholas Leftwich Agenda Date: 11/5/2024
Index: In Control: City Council Meeting
Presentation, discussion, public hearing and consideration of Ordinance No. 1554, a proposed
text amendment of the Apache Junction City Code Volume 1, Chapter 9: Health &Sanitation,
Article 9-1: Property Maintenance Standards, § 9-1-4 Enforcement and Abatement, to amend
the property maintenance penalty fees.
City of Apache Junction,Arizona Page 1 Printed on 1013112024
City ofApache Junction
Development Services Department
CITY COUNCIL WORK SESSION
STAFF MEMO
Date: November 5, 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-24-70-AM
Subject: Text Amendment to City Code Vol . I, Chapter 9 : Health
& Sanitation, Article 9-1 : Property Maintenance
Standards, § 9-1-4 Enforcement and Abatement and
City Code Vol . II, Land Development Code, Chapter 1 :
Zoning Ordinance, Article 1-16 : Administration, § 1-
16-16 Violations, Penalties and Enforcement to amend
the zoning violation penalty fees and the property
maintenance penalty fees .
Background
On August 5, 2024, the Apache Junction City Council directed
staff to review the zoning violation penalty fees and the city
code property maintenance penalty fees . The objective was to
assess if the penalty fees should be amended to match each
other, with the possible option of increasing the penalty fees
in order to discourage future code violations .
Staff researched the penalty fee structures of other
municipalities within the valley pursuant to this direction and
provided this data and three different options of fee structures
to the Planning and Zoning Commission for review so that they
may provide their recommendation to the City Council, which has
been included as "Option 4" .
On October 14, 2024, the city council met to discuss the
recommendations and gave staff direction to provide an "Option 5"'
which matches the penalty fees of a first and second violation
between the two code types, and also makes the third offense
Text Amendment Case P-24-70-AM
November 5,2024 City Council Staff Memo
City ofApache Junction
Development Services Department
within 24 months of the first violation a class 1 misdemeanor with
a penalty fee not to exceed $2500, which is the state sentence
for class 1 misdemeanors set by A.R. S . Section 13-802 : Fines for
misdemeanors .
SUMMARY OF OPTIONS:
"OPTION 1" proposes to raise the Zoning Violation Civil Penalty
Fees to match the scale of the Property Maintenance Violation Civil
Penalty Fees .
"OPTION 2" proposes to increase both the Zoning Violation Civil
Penalty Fees and the Property Maintenance Violation Civil Penalty
Fees to a higher value and makes the third offense of a zoning
ordinance violation within a 24 month consecutive period a class
1 misdemeanor, with the penalty fee being updated to a criminal
fine not to exceed $2, 500 .
"OPTION 3" proposes no change to any of the penalty fees .
"OPTION 4", which the Planning and Zoning Commission recommended by
a 6 : 0 vote on September 24, 2024, proposes no change to the first
and second violation penalties of both violation types, but does
make the penalty of third offenses within 24 months of the first
violation a class 1 misdemeanor with a penalty fee not to exceed
$2500 .
"OPTION 5", per the direction given by the City Council on October
14, 2024, proposes to match the first and second violation
penalties at the scale of the Property Maintenance Violation Civil
Penalty Fees , but makes the penalty of third offenses within 24
months of the first violation a class 1 misdemeanor with a penalty
fee not to exceed $2500 .
The precise correlating fee values of each option are provided in
the attached P-24-70-AM Draft Amendment Options document .
In revising the ordinance draft, our city attorney also noted the
proposed amendment would affect the language of § 1-16-16
(D) (6) Enforcement procedures for non-emergency matters, which
names items contained in zoning enforcement notices and reads :
" (6) A warning that failure to comply may result in the filing of
a civil or criminal misdemeanor case, depending on whether this
violation is the lst, 2nd, 3rd or 4th violation over a 24-month
consecutive period. "
2
Text Amendment Case P-24-70-AM
November 5,2024 City Council Staff Memo
City ofApache Junction
Development Services Department
With the possible change of the penalty scale, it has been
recommended to simplify this language to read:
" (6) A warning that failure to comply may result in the filing of
a civil or criminal misdemeanor case . "
Draf t Ordinance No. 1554, amending Apache Junction City Code,
Volume I, Chapter 9 : Health and Sanitation, Article 9-1 : Property
Maintenance Standards, § 9-1-4 (C) Enforcement And Abatement and
Draft Ordinance No. 1555, amending Apache Junction City Code,
Volume II, Land Development Code, Chapter 1 : Zoning Ordinance,
Article 1-16 : Administration, § 1-16-16 (D) (6) And (F) (1)
Violations, Penalties And Enforcement have been prepared according
to City Council direction.
Attachments :
- Draft Ordinance No. 1554
- Draft Ordinance No. 1555
- P-24-70-AM Draft Amendment Options to Apache Junction City Code
Vol . I, Chapter 9 : Health & Sanitation, Article 9-1 : Property
Maintenance Standards, § 9-1-4 Enforcement and Abatement and
City Code Vol . II, Land Development Code, Chapter 1 : Zoning
Ordinance, Article 1-16 : Administration, § 1-16-16 Violations,
Penalties and Enforcement
- P&Z Staff Report, dated September 24, 2024
- City Council Work Session Staff Memo, dated October 14, 2024
- Table of Comparison to other Cities & Towns
Text Amendment Case P-24-70-AM
November 5,2024 City Council Staff Memo
ORDINANCE NO. 1554
AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY
OF APACHE JUNCTION, ARIZONA, AMENDING APACHE JUNCTION
CITY CODE, VOLUME I, CHAPTER 9 : HEALTH AND SANITATION,
ARTICLE 9-1 : PROPERTY MAINTENANCE STANDARDS, § 9-1-4 (C) ,
ENFORCEMENT AND ABATEMENT; REPEALING ANY CONFLICTING
PROVISIONS; PROVIDING FOR SEVERABILITY; AND PROVIDING
FOR PENALTIES .
WHEREAS, on August 5, 2024, the city council gave direction
to staff to compare zoning and property maintenance code penalties
and to assess functionality of both; and
WHEREAS, on September 24, 2024, the planning and zoning
commission voted 6 : 0 to recommended not changing the property
maintenance penalty fees on a first and second violation, but
recommended amending the penalty fee of a third offense within 24
months of the first violation to a class 1 misdemeanor with a
penalty fee not to exceed $2500; and
WHEREAS, on October 14, 2024, the city council met to discuss
the recommendations and gave staff direction to match the penalty
fees, but also make the third offense within 24 months the first
violation a class 1 misdemeanor with a penalty fee not to exceed
$2500 .
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL
OF THE CITY OF APACHE JUNCTION, ARIZONA, AS FOLLOWS :
SECTION I IN GENERAL
That the existing Apache Junction City Code, Volume I,
Chapter 9 : Health and Sanitation, Article 9-1 : Property
Maintenance �—tandards, § 9-1-4 (C) (2) (c) Enforcement and
Abatement, be amended as follows :
(C) CivillCriminal citations and complaints.
(2) (c) Third offense and subsequent offenses within 24
months of first offense : criminal fine not to exceed $2500,
and other criminal penalties as a result of a class 1
misdemeanor conviction.
ORDINANCE NO. 1554
PAGE 1 OF 2
SECTION II REPEALING ANY CONFLICTING PROVISIONS
All ordinances and parts of ordinances in conflict with the
provisions of this ordinance or any part of the codes adopted
herein by reference are hereby repealed.
SECTION III PROVIDING FOR SEVERABILITY
If any section, subsection, sentence, phrase, clause or portion
of this ordinance or any part of the codes or regulations
adopted herein by reference is for any reason held to be invalid
or unconstitutional by the decision of any court of competent
jurisdiction, such decision shall not affect the validity of the
remaining portions thereof.
SECTION IV PROVIDING FOR PENALTIES
Unless noted otherwise, any violation of any provisions adopted
herein, shall be punishable as a class 1 misdemeanor consistent
with Apache Junction City Code, Volume 1, Chapter 1 : General,
Article 1-1 : General, § 1-1-11 (A) Penalty.
APPROVED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
APACHE JUNCTION THIS 5TH DAY OF NOVEMBER, 2024 .
SIGNED AND ATTESTED TO THIS DAY OF 2024 .
WALTER "CHIP" WILSON
Mayor
ATTEST:
JENNIFER PENA
City Clerk
APPROVED AS TO FORM:
RICHARD J. STERN
City Attorney
ORDINANCE NO. 1554
PAGE 2 OF 2
OPTION 1: Update Zoning Violation Civil Penalty Fees to match the Property Maintenance
Violation Civil Penalty Fees.
This would amend the zoning violation civil penalty fees of:
1. The first offense during 24 consecutive month period from $250 to $350;
2. The second offense during 24 consecutive month period from $500 to $600;
3. The third offense during 24 consecutive month period from $750 to $1000.
OPTION 2: Update both the Zoning Violation Civil Penalty Fees and the Property Maintenance
Violation Civil Penalty Fees to a higher value, and make the third offense within a 24 month
consecutive period a class 1 misdemeanor.
This would amend both the property maintenance and zoning violation civil penalty fees of:
1. The first offense during 24 consecutive month period to $500;
2. The second offense during 24 consecutive month period to $750;
3. The third offense and subsequent offenses within 24 months of first offense shall be a
criminal fine not to exceed $2500, and other criminal penalties as a result of a class 1
misdemeanor conviction.
OPTION 3: No change to the penalty fees.
OPTION 4, Planning &Zoning Commission Recommendation: Keep the penalty fees of the first
and second violations exactly as they currently are, while amending the penalty of the third
consecutive offense within a 24 month period for both penalty types to a class 1 misdemeanor
with a penalty fee not to exceed $2500.
OPTION 5, City Council Work Session Direction given on October 14, 2024: Match the first and
second violation penalties at the scale of the Property Maintenance Violation Civil Penalty Fees,
but make the penalty of third offenses within 24 months of the first violation a class 1
misdemeanor with a penalty fee not to exceed $2500.
OPTION 1 TEXT:
APACHE JUNCTION,ARIZONA
CITY CODE,VOLUME 1,
§ 9-1-4 ENFORCEMENT AND ABATEMENT.
(C) Civillcriminal citations and complaints.
(1) If the owner or other responsible party fails to comply with the notice of violation, a
civil/criminal action to enforce the provision of this article may be commenced and a summons
shall be issued in accordance with the procedures set forth in the Arizona Revised Statutes and
applicable city ordinances. Jurisdiction of proceedings in this article shall be in the municipal
court of the city.
(2) The City Manager, or his or her designee, shall be responsible for filing civil and criminal
citations with the municipal court with the following minimum penalties:
(a) First offense during a 24-consecutive-month period: civil penalty of$350;
(b) Second offense during a 24- consecutive-month period: civil penalty of$600;
(c) Third offense and subsequent offenses within 24 months of first offense: criminal fine
of$1,000, and other criminal penalties as a result of a class 1 misdemeanor conviction.
(3) The 24-month period shall be calculated from the dates the violations are committed.
The owner or responsible party shall receive the progressively higher civil penalty upon a
finding of responsibility for any violation of this article committed within 24 months of the
commission of another violation for which the owner or responsible party was found
responsible or was convicted. In no event shall the court reduce the minimum dollar penalties
referenced above. A criminal case shall only be filed only after 2 successive civil violations have
been committed within a 24-consecutive-month period.
(4) Every day any violation of any provision of this article continues shall constitute a
separate violation or offense. The owner of record, as reflected in the Pinal or Maricopa County
Recorder's Office, may be presumed to be a person having lawful control over the building,
structure or parcel of land that is the subject of the violation. If more than 1 person is recorded
as the owner of the property, the persons may be jointly and severally presumed to be the
persons having lawful control over the building, structure or parcel of land.
APACHE JUNCTION CITY CODE,
VOLUME 11, LAND DEVELOPMENT CODE
§ 1-16-16 VIOLATIONS, PENALTIES AND ENFORCEMENT.
(D) Enforcement proceduresfor non-emergency matters. If after an inspection and informal
attempts have failed to gain compliance with this Chapter in a non-emergency situation,the
city shall serve the owner, owner's statutory or authorized agent, occupant, lessee or person in
control of the property with a notice of violation. This notice shall contain the following:
(6)A warning that failure to comply may result in the filing of a civil or criminal
misdemeanor case.-,-depe4d+Ag-eR-�'
(F) Civil citations and complaints. If the owner or other responsible party fails to comply with
the notice of violation, and fails to appeal the notice, or loses the appeal hearing and fails to
pursue other available appellate courses of action, a civil action to enforce the provision of this
chapter may be commenced and a summons shall be issued in accordance with the procedures
set forth in the Arizona Revised Statutes and applicable city ordinances. Jurisdiction of
proceedings in this Chapter shall be in the Municipal Court of the City of Apache Junction.The
City Manager and/or his or her designee shall be responsible for filing civil citations with the
Apache Junction Municipal Court subject to the following:
(1) Penalties.
(a) First offense during 24 consecutive month period: civil penalty of$2zw$350;
(b) Second offense during 24 consecutive month period: civil penalty of$5,90$600;
(c) Third offense during 24 consecutive month period: civil penalty of$7-50$1000.
OPTION 2 TEXT:
APACHE JUNCTION,ARIZONA
CITY CODE,VOLUME 1,
§ 9-1-4 ENFORCEMENT AND ABATEMENT.
(C) Civillcriminal citations and complaints.
(1) If the owner or other responsible party fails to comply with the notice of violation, a
civil/criminal action to enforce the provision of this article may be commenced and a summons
shall be issued in accordance with the procedures set forth in the Arizona Revised Statutes and
applicable city ordinances. Jurisdiction of proceedings in this article shall be in the municipal
court of the city.
(2) The City Manager, or his or her designee, shall be responsible for filing civil and criminal
citations with the municipal court with the following minimum penalties:
(a) First offense during a 24-consecutive-month period: civil penalty of$3&0-500;
(b) Second offense during a 24- consecutive-month period: civil penalty of$600-750;
(c) Third offense and subsequent offenses within 24 months of first offense: criminal fine
4$4-,=not to exceed $2500, and other criminal penalties as a result of a class 1
misdemeanor conviction.
(3) The 24-month period shall be calculated from the dates the violations are committed.
The owner or responsible party shall receive the progressively higher civil penalty upon a
finding of responsibility for any violation of this article committed within 24 months of the
commission of another violation for which the owner or responsible party was found
responsible or was convicted. In no event shall the court reduce the minimum dollar penalties
referenced above. A criminal case shall only be filed only after 2 successive civil violations have
been committed within a 24-consecutive-month period.
(4) Every day any violation of any provision of this article continues shall constitute a
separate violation or offense. The owner of record, as reflected in the Pinal or Maricopa County
Recorder's Office, may be presumed to be a person having lawful control over the building,
structure or parcel of land that is the subject of the violation. If more than 1 person is recorded
as the owner of the property, the persons may be jointly and severally presumed to be the
persons having lawful control over the building, structure or parcel of land.
APACHE JUNCTION CITY CODE,
VOLUME 11, LAND DEVELOPMENT CODE
§ 1-16-16 VIOLATIONS, PENALTIES AND ENFORCEMENT.
(D) Enforcement proceduresfor non-emergency matters. If after an inspection and informal
attempts have failed to gain compliance with this Chapter in a non-emergency situation,the
city shall serve the owner, owner's statutory or authorized agent, occupant, lessee or person in
control of the property with a notice of violation. This notice shall contain the following:
(6)A warning that failure to comply may result in the filing of a civil or criminal
misdemeanor case.-,-depe4d+Ag-eR-�'
(F) Civil citations and complaints. If the owner or other responsible party fails to comply with
the notice of violation, and fails to appeal the notice, or loses the appeal hearing and fails to
pursue other available appellate courses of action, a civil action to enforce the provision of this
chapter may be commenced and a summons shall be issued in accordance with the procedures
set forth in the Arizona Revised Statutes and applicable city ordinances. Jurisdiction of
proceedings in this Chapter shall be in the Municipal Court of the City of Apache Junction.The
City Manager and/or his or her designee shall be responsible for filing civil citations with the
Apache Junction Municipal Court subject to the following:
(1) Penalties.
(a) First offense during 24 consecutive month period: civil penalty of$2zw$500;
(b) Second offense during 24 consecutive month period: civil penalty of$500$750;
(c) �' 54.Third offense
and subsequent offenses within 24 months of first offense: criminal fine not to exceed $2500,
and other criminal penalties as a result of a class 1 misdemeanor conviction.
OPTION 3 TEXT, (NO CHANGE):
APACHE JUNCTION,ARIZONA
CITY CODE,VOLUME 1,
§ 9-1-4 ENFORCEMENT AND ABATEMENT.
(C) Civillcriminal citations and complaints.
(1) If the owner or other responsible party fails to comply with the notice of violation, a
civil/criminal action to enforce the provision of this article may be commenced and a summons
shall be issued in accordance with the procedures set forth in the Arizona Revised Statutes and
applicable city ordinances. Jurisdiction of proceedings in this article shall be in the municipal
court of the city.
(2) The City Manager, or his or her designee, shall be responsible for filing civil and criminal
citations with the municipal court with the following minimum penalties:
(a) First offense during a 24-consecutive-month period: civil penalty of$350;
(b) Second offense during a 24- consecutive-month period: civil penalty of$600;
(c) Third offense and subsequent offenses within 24 months of first offense: criminal fine
of$1,000, and other criminal penalties as a result of a class 1 misdemeanor conviction.
(3) The 24-month period shall be calculated from the dates the violations are committed.
The owner or responsible party shall receive the progressively higher civil penalty upon a
finding of responsibility for any violation of this article committed within 24 months of the
commission of another violation for which the owner or responsible party was found
responsible or was convicted. In no event shall the court reduce the minimum dollar penalties
referenced above. A criminal case shall only be filed only after 2 successive civil violations have
been committed within a 24-consecutive-month period.
(4) Every day any violation of any provision of this article continues shall constitute a
separate violation or offense. The owner of record, as reflected in the Pinal or Maricopa County
Recorder's Office, may be presumed to be a person having lawful control over the building,
structure or parcel of land that is the subject of the violation. If more than 1 person is recorded
as the owner of the property, the persons may be jointly and severally presumed to be the
persons having lawful control over the building, structure or parcel of land.
APACHE JUNCTION CITY CODE,
VOLUME 11, LAND DEVELOPMENT CODE
§ 1-16-16 VIOLATIONS, PENALTIES AND ENFORCEMENT.
(F) Civil citations and complaints. If the owner or other responsible party fails to comply with
the notice of violation, and fails to appeal the notice, or loses the appeal hearing and fails to
pursue other available appellate courses of action, a civil action to enforce the provision of this
chapter may be commenced and a summons shall be issued in accordance with the procedures
set forth in the Arizona Revised Statutes and applicable city ordinances. Jurisdiction of
proceedings in this Chapter shall be in the Municipal Court of the City of Apache Junction. The
City Manager and/or his or her designee shall be responsible for filing civil citations with the
Apache Junction Municipal Court subject to the following:
(1) Penalties.
(a) First offense during 24 consecutive month period: civil penalty of$250;
(b) Second offense during 24 consecutive month period: civil penalty of$500;
(c) Third offense during 24 consecutive month period: civil penalty of$750.
OPTION 4 TEXT, PLANNING &ZONING COMMISSION RECOMMNEDATION:
APACHE JUNCTION,ARIZONA
CITY CODE,VOLUME 1,
§ 9-1-4 ENFORCEMENT AND ABATEMENT.
(C) Civillcriminal citations and complaints.
(1) If the owner or other responsible party fails to comply with the notice of violation, a
civil/criminal action to enforce the provision of this article may be commenced and a summons
shall be issued in accordance with the procedures set forth in the Arizona Revised Statutes and
applicable city ordinances. Jurisdiction of proceedings in this article shall be in the municipal
court of the city.
(2) The City Manager, or his or her designee, shall be responsible for filing civil and criminal
citations with the municipal court with the following minimum penalties:
(a) First offense during a 24-consecutive-month period: civil penalty of$350;
(b) Second offense during a 24- consecutive-month period: civil penalty of$600;
(c) Third offense and subsequent offenses within 24 months of first offense: criminal fine
4$4-,=not to exceed $2500, and other criminal penalties as a result of a class 1
misdemeanor conviction.
(3) The 24-month period shall be calculated from the dates the violations are committed.
The owner or responsible party shall receive the progressively higher civil penalty upon a
finding of responsibility for any violation of this article committed within 24 months of the
commission of another violation for which the owner or responsible party was found
responsible or was convicted. In no event shall the court reduce the minimum dollar penalties
referenced above. A criminal case shall only be filed only after 2 successive civil violations have
been committed within a 24-consecutive-month period.
(4) Every day any violation of any provision of this article continues shall constitute a
separate violation or offense. The owner of record, as reflected in the Pinal or Maricopa County
Recorder's Office, may be presumed to be a person having lawful control over the building,
structure or parcel of land that is the subject of the violation. If more than 1 person is recorded
as the owner of the property, the persons may be jointly and severally presumed to be the
persons having lawful control over the building, structure or parcel of land.
APACHE JUNCTION CITY CODE,
VOLUME 11, LAND DEVELOPMENT CODE
§ 1-16-16 VIOLATIONS, PENALTIES AND ENFORCEMENT.
(D) Enforcement proceduresfor non-emergency matters. If after an inspection and informal
attempts have failed to gain compliance with this Chapter in a non-emergency situation,the
city shall serve the owner, owner's statutory or authorized agent, occupant, lessee or person in
control of the property with a notice of violation. This notice shall contain the following:
(6)A warning that failure to comply may result in the filing of a civil or criminal
misdemeanor case.-,-depe4d+Ag-eR-�'
(F) Civil citations and complaints. If the owner or other responsible party fails to comply with
the notice of violation, and fails to appeal the notice, or loses the appeal hearing and fails to
pursue other available appellate courses of action, a civil action to enforce the provision of this
chapter may be commenced and a summons shall be issued in accordance with the procedures
set forth in the Arizona Revised Statutes and applicable city ordinances. Jurisdiction of
proceedings in this Chapter shall be in the Municipal Court of the City of Apache Junction.The
City Manager and/or his or her designee shall be responsible for filing civil citations with the
Apache Junction Municipal Court subject to the following:
(1) Penalties.
(a) First offense during 24 consecutive month period: civil penalty of$250;
(b) Second offense during 24 consecutive month period: civil penalty of$500;
(c) Third offense
and subsequent offenses within 24 months of first offense: criminal fine not to exceed $2500,
and other criminal penalties as a result of a class 1 misdemeanor conviction.
OPTION 5 TEXT, CITY COUNCIL WORK SESSION DIRECTION:
APACHE JUNCTION,ARIZONA
CITY CODE,VOLUME 1,
§ 9-1-4 ENFORCEMENT AND ABATEMENT.
(C) Civillcriminal citations and complaints.
(1) If the owner or other responsible party fails to comply with the notice of violation, a
civil/criminal action to enforce the provision of this article may be commenced and a summons
shall be issued in accordance with the procedures set forth in the Arizona Revised Statutes and
applicable city ordinances. Jurisdiction of proceedings in this article shall be in the municipal
court of the city.
(2) The City Manager, or his or her designee, shall be responsible for filing civil and criminal
citations with the municipal court with the following minimum penalties:
(a) First offense during a 24-consecutive-month period: civil penalty of$350;
(b) Second offense during a 24- consecutive-month period: civil penalty of$600;
(c) Third offense and subsequent offenses within 24 months of first offense: criminal fine
4$4-,=not to exceed $2500, and other criminal penalties as a result of a class 1
misdemeanor conviction.
(3) The 24-month period shall be calculated from the dates the violations are committed.
The owner or responsible party shall receive the progressively higher civil penalty upon a
finding of responsibility for any violation of this article committed within 24 months of the
commission of another violation for which the owner or responsible party was found
responsible or was convicted. In no event shall the court reduce the minimum dollar penalties
referenced above. A criminal case shall only be filed only after 2 successive civil violations have
been committed within a 24-consecutive-month period.
(4) Every day any violation of any provision of this article continues shall constitute a
separate violation or offense. The owner of record, as reflected in the Pinal or Maricopa County
Recorder's Office, may be presumed to be a person having lawful control over the building,
structure or parcel of land that is the subject of the violation. If more than 1 person is recorded
as the owner of the property, the persons may be jointly and severally presumed to be the
persons having lawful control over the building, structure or parcel of land.
APACHE JUNCTION CITY CODE,
VOLUME 11, LAND DEVELOPMENT CODE
§ 1-16-16 VIOLATIONS, PENALTIES AND ENFORCEMENT.
(D) Enforcement proceduresfor non-emergency matters. If after an inspection and informal
attempts have failed to gain compliance with this Chapter in a non-emergency situation,the
city shall serve the owner, owner's statutory or authorized agent, occupant, lessee or person in
control of the property with a notice of violation. This notice shall contain the following:
(6)A warning that failure to comply may result in the filing of a civil or criminal
misdemeanor case.-,-depe4d+Ag-eR-�'
(F) Civil citations and complaints. If the owner or other responsible party fails to comply with
the notice of violation, and fails to appeal the notice, or loses the appeal hearing and fails to
pursue other available appellate courses of action, a civil action to enforce the provision of this
chapter may be commenced and a summons shall be issued in accordance with the procedures
set forth in the Arizona Revised Statutes and applicable city ordinances. Jurisdiction of
proceedings in this Chapter shall be in the Municipal Court of the City of Apache Junction.The
City Manager and/or his or her designee shall be responsible for filing civil citations with the
Apache Junction Municipal Court subject to the following:
(1) Penalties.
(a) First offense during 24 consecutive month period: civil penalty of$350;
(b) Second offense during 24 consecutive month period: civil penalty of$600;
(c) TWr-d�, Third offense
and subsequent offenses within 24 months of first offense: criminal fine not to exceed $2500,
and other criminal penalties as a result of a class 1 misdemeanor conviction.
City ofApache Junction
D evelopment Services Department
PLANNING AND ZONING COMMISSION
PUBLIC HEARING STAFF REPORT
DATE: September 24, 2024
TO: Planning and Zoning Commission
THROUGH: Rudy Esquivias, Development Services
Director
Sidney Urias, Planning Manager
FROM: Nick Leftwich, Planner
CASE NUMBER: P-24-70-AM
REQUEST: Text Amendment to City Code Vol . I,
Chapter 9 : Health & Sanitation, Article 9-
1 : Property Maintenance Standards, § 9-1-4
Enforcement and Abatement and City Code
Vol . II, Land Development Code, Chapter 1 :
Zoning Ordinance, Article 1-16 :
Administration, § 1-16-16 Violations,
Penalties and Enforcement to amend the
zoning violation penalty fees to match the
property maintenance penalty fees .
BACKGROUND
On August 5, 2024, the Apache Junction City Council directed
staff to review the zoning violation penalty fees and the city
code property maintenance penalty fees . The objective was to
assess if the penalty fees should be amended to match each
other, with the possible option of increasing the penalty fees
in order to discourage future code violations .
RESEARCH
To evaluate fees, Staff has researched the penalty fee structure
of other municipalities within the valley. The attached table
depicts the data and scaling of zoning violation penalty fees
and property maintenance penalty fees for the first, second, and
third violation.
Text Amendment Case P-24-70-AM
September 24,2024 Planning and Zoning Commission Staff Report
City ofApache Junction
D evelopment Services Department
The City of Apache Junction' s penalty fee structure consists of
the following:
(Within a 24 Zoning Violation Property Maintenance Civil
consecutive Civil Penalty Penalty Fees
month period) Fees
First Offense : $250 $350
Second Offense : $500 $600
Third Offense : $750 Criminal fine of $1, 000, and
other criminal penalties as a
result of a class 1 misdemeanor
conviction.
Per our consultation with the Code Compliance Division and the
City Attorney, most code violation cases are closed before they
are ever charged in court. An estimated 95% of all violation
cases being closed prior to a civil judgement . Even rarer is the
escalation of a first offense to a second or third offense.
PLANNING DIVISION RECOMMENDATION
Planning Staff prepared 3 courses of action for the Planning &
Zoning Commission to evaluate and choose which to recommend to the
City Council .
OPTION 1 : Update Zoning Violation Civil Penalty Fees to match the
Property Maintenance Violation Civil Penalty Fees .
This would amend the zoning violation civil penalty fees of:
1 . The first offense during 24 consecutive month period from
$250 to $350;
2 . The second offense during 24 consecutive month period from
$500 to $600;
3 . The third offense during 24 consecutive month period from
$750 to $1000 .
OPTION 2 : Increase both the Zoning Violation Civil Penalty Fees
and the Property Maintenance Violation Civil Penalty Fees to a
higher value, and make the third offense within a 24 month
consecutive period a class 1 misdemeanor.
2
Text Amendment Case P-24-70-AM
September 24,2024 Planning and Zoning Commission Staff Report
City ofApache Junction
D evelopment Services Department
This would amend both the property maintenance and zoning violation
civil penalty fees of:
1 . The first offense during 24 consecutive month period to $500;
2 . The second offense during 24 consecutive month period to $750;
3 . The third offense and subsequent offenses within 24 months of
first offense shall be a criminal fine not to exceed $2500,
and other criminal penalties as a result of a class 1
misdemeanor conviction.
OPTION 3: No change to penalty fees .
RECOMMENDED MOTION
I move that the Planning and Zoning Commission recommend to the
Apache Junction City Council Option # of text amendment case
P-24-70-AM, an amendment to the Apache Junction City Code Vol .
I, Chapter 9 : Health & Sanitation, Article 9-1 : Property
Maintenance Standards, § 9-1-4 Enforcement and Abatement and
City Code Vol . II, Land Development Code, Chapter 1 : Zoning
Ordinance, Article 1-16 : Administration, § 1-16-16 Violations,-
Penalties and Enforcement as described in the attached text
exhibit.
7 W-
Prepared by Nick Leftwich
Planner
Attachments:
-P-24-70-AM Draft Amendment to Apache Junction City Code Vol. I, Chapter 9:
Health & Sanitation, Article 9-1: Property Maintenance Standards, § 9-1-4
Enforcement and Abatement and City Code Vol. II, Land Development Code, Chapter
1: Zoning Ordinance, Article 1-16: Administration, § 1-16-16 Violations,
Penalties and Enforcement
-Table of Comparison to other Cities & Towns
3
Text Amendment Case P-24-70-AM
September 24,2024 Planning and Zoning Commission Staff Report
City ofApache Junction
Development Services Department
CITY COUNCIL WORK SESSION
STAFF MEMO
Date: October 14, 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-24-70-AM
Subject: Text Amendment to City Code Vol . I, Chapter 9 : Health
& Sanitation, Article 9-1 : Property Maintenance
Standards, § 9-1-4 Enforcement and Abatement and
City Code Vol . II, Land Development Code, Chapter 1 :
Zoning Ordinance, Article 1-16 : Administration, § 1-
16-16 Violations, Penalties and Enforcement to amend
the zoning violation penalty fees and the property
maintenance penalty fees .
Background
On August 5, 2024, the Apache Junction City Council directed
staff to review the zoning violation penalty fees and the city
code property maintenance penalty fees . The objective was to
assess if the penalty fees should be amended to match each
other, with the possible option of increasing the penalty fees
in order to discourage future code violations .
Staff researched the penalty fee structures of other
municipalities within the valley pursuant to this direction and
provided this data and three different options of fee structures
to the Planning and Zoning Commission for review so that they
may provide their recommendation to the City Council . The
research data and options, along with the correlating fee values
are provided in the attached staff report.
"OPTION 1" proposed to update Zoning Violation Civil Penalty Fees
to match the Property Maintenance Violation Civil Penalty Fees .
Text Amendment Case P-24-70-AM
October 14,2024 City Council Staff Memo
City ofApache Junction
Development Services Department
"OPTION 2" proposed to increase both the Zoning Violation Civil
Penalty Fees and the Property Maintenance Violation Civil Penalty
Fees to a higher value. At the recommendation of our city
attorney' s office, it also proposed to make the third offense of
• zoning ordinance violation within a 24 month consecutive period
• class 1 misdemeanor, with the penalty fee being updated to a
criminal fine not to exceed $2, 500, which is the state sentence
for class 1 misdemeanors set by A.R. S . Section 13-802 : Fines for
misdemeanors . The third violation within a 24 month period for a
property maintenance violation is already a class 1 misdemeanor,
however this option proposes to update the maximum criminal fine
to the state standard value ($2, 500) as well .
"OPTION 3" proposed no change to any of the penalty fees .
Plannin2 and Zoning Commission Recommendation
On September 24, 2024 the Planning and Zoning Commission held a
public hearing and discussion to determine their recommendation.
The Commission voted 6-0 to recommend approval of Text Amendment
Case P-24-70-AM, with a recommendation to keep the penalty fees of
the first and second violations exactly as they currently are
(represented by option 3) , while amending the penalty fee of the
third consecutive offense within a 24 month period for both penalty
types to a class 1 misdemeanor with a penalty fee not to exceed
$2500, matching the state penalty of class 1 misdemeanors .
The changes of this Planning & Zoning Commission recommendation,
noted here as "OPTION 4," are depicted here:
(Within a 24 Zoning Violation Civil Penalty Fees Property Maintenance Civil Penalty
consecutive month Fees
period)
First Offense: $250 $350
Second Offense: $500 $600
Third Offense: $7-59 Criminal fine 44470N not to exceed
Criminal fine not to exceed $2500, $2500, and other criminal penalties
and other criminal penalties as a as a result of a class 1 misdemeanor
result of a class 1 misdemeanor conviction.
conviction.
2
Text Amendment Case P-24-70-AM
October 14,2024 City Council Staff Memo
City ofApache Junction
Development Services Department
Attachments :
- P-24-70-AM AM Draft Amendment to Apache Junction City Code
Vol . I, Chapter 9 : Health & Sanitation, Article 9-1 : Property
Maintenance Standards, § 9-1-4 Enforcement and Abatem ent and
City Code Vol . II, Land Development Code, Chapter 1 : Zoning
Ordinance, Article 1-16 : Administration, § 1-16-16 Violations,
Penalties and Enforcement
- P&Z Staff Report from September 24, 2024
- Table of Comparison to other Cities & Towns
3
Text Amendment Case P-24-70-AM
October 14,2024 City Council Staff Memo
Agency Zoning Property Maintenance-Civil
Ist Citation 2nd Citation 3rd Citation 1st Citation 2nd Citation 3rd Citation
City of Apache Junction $ 250 $ 500 $ 750 $ 350 $ 600 $ 1,000
City of Mesa $ 150-1500 $ 250-2500 $ 500-2500 $ 250-1500 $ 350-2500 $ 500-2500
Town of Queen Creek $ 250 $ 500 $ 2,000 $ 250 $ 500 $ 2,000
City of Avondale $ 250 $ 500 $ 1,000 $ 250 $ 500 $ 1,000
Town of Buckeye $ 100 $ 100 $ 200 Determined by the court
City of Casa Grande $100 to$500 $100 to$500,$250 to 1000 for'enterprises'
City of Goodyear $ 500 $ 750 $ 1,000 $50-$300 $300-$500 1 $550-$1000
Town of Marana Cannot exceed$1000 Determined by the court
City of Maricopa $ 250 $ 500 $ 1,000 $ 100 $ 200 $ 400
"Habitual Offender":$2500
Town of Gilbert Up to$500 $ 100-500 $ 100-500 max,500 per count.
Town of Florence-Residential $500 per violation $ 250 $ 500 $ 750
Town of Florence-Commercial $ 750 $ 1,500 $ 2,000
City of Phoenix 100 $ 250 $ 500 $ 100-2500 $ 250-2500 T$ 500-2500
City of Tempe $100 to$1000 1 Up to$2000
Using low values of the penalty fees with discretionary ranges.
Agency Zoning Property Maintenance-Civil
1st Citation 2nd Citation 3rd Citation Ist Citation 2nd Citation 3rd Citation
City of Apache Junction $ 250 $ 500 $ 750 $ 350 $ 600 $ 1,000
City of Mesa $ 150 $ 250 $ 500 $ 250 $ 350 $ 500
Town of Queen Creek $ 250 $ 500 $ 2,000 $ 250 $ 500 $ 2,000
City of Avondale $ 250 $ 500 $ 1,000 $ 250 $ 500 $ 1,000
Town of Buckeye $ 100 $ 100 $ 200
City of Casa Grande $ 100 $ 500 $ 100 $ 500
City of Goodyear $ 500 $ 750 $ 1,000 $ 300 $ 500 $ 1,000
Town of Marana $ 1,000
City of Maricopa $ 250 $ 500 $ 1,000 $ 100 $ 200 $ 400
Town of Gilbert $ 500 $ 500 $ 500 $ 100 $ 500 $ 2,500
Town of Florence-Residential 500 500 500 $ 250 $ 500 $ 750
City of Phoenix $ 100 $ 250 $ 500 $ 100 $ 250 $ 500
City of Tempe 100 1000
JAVG With Variable Minimums 2541 4351 7351 2051 4331 1015
Using high values of the penalty fees with discretionary ranges.
Agency Zoning Property Maintenance-Civil
1st Citation 2nd Citation 3rd Citation 1st Citation 2nd Citation 3rd Citation
City of Apache Junction $ 250 $ 500 $ 750 $ 350 $ 600 $ 1,000
City of Mesa $ 1,500 $ 2,500 $ 2,500 $ 1,500 $ 2,500 $ 2,500
Town of Queen Creek $ 250 $ 500 $ 2,000 $ 250 $ 500 $ 2,000
City of Avondale $ 250 $ 500 $ 1,000 $ 250 $ 500 $ 1,000
Town of Buckeye $ 100 $ 100 $ 200
City of Casa Grande $ 500 $ 500 $ 500 $ 500 $ 500 $ 500
City of Goodyear $ 500 $ 750 $ 1,000 $ 300 $ 500 $ 1,000
Town of Marana $ 1,000 $ 1,000 $ 1,000
City of Maricopa $ 250 $ 500 $ 1,000 $ 100 $ 200 $ 400
Town of Gilbert $ 500 $ 500 $ 500 $ 500 $ 500 $ 2,500_
Town of Florence-Residential $ 500 $ 500 $ 500 $ 250 $ 500 $ 750
City of Phoenix $ 100 $ 250 $ 500 $ 2,500
City of Tempe $ 1,000 $ 1,000 $ 1,000 $ 2,000 $ 2,000 $ 2,000
.AVG With Variable Maximums $ 538 $ 717 $ 975 $ 628 $ 856 $ 1,515
Text Amendment to
VO I ' s 1 , § ,9wm1wm4 Enforcem' ent and Abatement and ,
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Background
On August 5, 2024, the Apache Junction City Council directed staff to review the
zoning violation penalty fees and the city code property maintenance penalty
fees . The objective was to assess if the penalty fees should be amended to match
each other, with the possible option of increasing the penalty fees in order to
discourage future code violations ,,
(Within a 24 Zoning Violation Civil Property Maintenance Civil Penalty Fees
consecutive month Penalty Fees
period)
First Offense: $250 $350
Second Offense,- $500 $600
4........................................
Third Offense: $750 Criminal fine of $1.,000,, and other criminal
penalties as a result of a class 1 misdemeanor
conviction.
'77,
IM-
Ai�
Optsion 1
0 Update Zoning Violation Civil Penalty Fees to match the Property Maintenance
Violation Civil Penalty Fees .
This would amend the zoning violation civil penalty fees of:
1 . The first offense during 24 consecutive month period from $250 to $350;
2 . The second offense during 24 consecutive month period from $500 to $600;
3 . The third offense during 24 consecutive month period from $750 to $ 1000.
..................................................................................................................................................................................................
(Within a 24 Zoning Violation Civil Property Maintenance Civil Penalty Fees
consecutive month Penalty Fees
L_pfe�rpod)
First Offense:
Second Offense:
. ......................
Third Offense.,
Opt *ion 2
0 Increase both the Zoning Violation Civil Penalty Fees and the Property Maintenance
Violation Civil Penalty Fees to a higher value, and make the third offense within a 24
month consecutive period a class 1 misdemeanor.
This would amend both the property maintenance and zoning violation civil penalty fees of:
1 . The first offense during 24 consecutive month period to $500;
2 . The second offense during 24 consecutive month period to $750;
3 . The third offense and subsequent offenses within 24 months of first offense shall
be a criminal fine not to exceed $2500, and other criminal penalties as a result of a
class 1 misdemeanor conviction ,
----------------------------------------------------------------------------------------------------------------------
---------------------------------------------------------------------------------------------------------------------------------------------------------------------I---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Property Ma
(Within a 24 consecutive i Zoning Violation Civil Penalty Fees intenance Civill Penalty Fees
Month period)
.................................................................................................................
Second Offense-
.................................................
Third Offense:
(Within a 24 Zoning Violation Civil Property Maintenance Civil Penalty Fees
consecutive month Penalty Fees
period)
First Offense: $250 $350
Second Offense.- $500 $600
Third Offense: $750 Criminal fine of $1,000, and other criminal
penalties as a result of a class 1 misdemeanor
conviction.
Its
(Within a 24 Zoning Violation Civil Penalty Fees Property Maintenance Civil Penalty
consecutive month Fees
period)
F*Irs-t Offense: $250 $350
Second Offense: $500 $600
Third Offense: PUSQ Criminal fine of-$4,= not to exceed
Criminal fine not to exceed $2500., $25001 and other criminal penalties
and other criminal penalties as a as a result of a class 1 misdemeanor
result of a class 1 misdemeanor conviction.
conviction.
Opt *ion 5
0 IM as
City Council Work Session Direction , 109M141MMM24
...........................................................................................................................................................................................................................................................................
Ity
(Within a 24 Zoning Violation CIM11 Penalty Fees Property Maintenance Civil Pena
consecutive month Fees
period)
............................................................................................................................................................................................................................................
I
..........
17��con"d ""C"ff"iense:
Third Offense:
Option 1 : Match the two fee categoriesS
Option 2e. Increase both the fee categories to a higher value and make
the third zoning offense within 24 months of the first violation a class 1
misdemeanor.
Option I No changes .
41 1 a No changes to the penalty fees of the
Option 4. P &Z Recommendation ,,
first and second violations but increasing the enaltv of the third
consecutive offense of both penalty types to a class I misdemeanor
with a penalty fee not to exceed $ 2500 .
41
Option 5, City Council Work Session Direction@ Match the first and
second violation penalties and also make the penalty of third offenses
within 24 months of the first violation a class 1 misdemeanor with a
penalty fee not to exceed $ 2500 .
ion
Quest *
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Zoning Property Maintenance - Civit
Agency ------------------------------------------- NOON~
1st Citation 2nd Citation 3rd Citation 1st Citation 2nd Citation 3rd Citation
City ot Apache Junction $ 250 $ 500 $ 750 350 600 L000
-------------
City of Mesa 150-1500 $ 250-2500 $ 500-2500 $ 250-1500 350-2500 $ 500-2500
Town of Queen Creek 250 $ 500 $ 21000 $ 250 $ 500 $ 2tOOO
City of Avondate 250 $ 500 $ 11000 $ 250 $ 500 $ 1�000
Town ot Buckeye 100 $ 100 $ 200 Determined by the court
City of Casa Grande $100 to $500 $100 to $500, $250 to 1000 for 'enterprises'
City of Goodyear 500T$ 750 $ 1#000 $50-$300 $300-$500 $550-$1000
III NOON NOON WIN ..!I'I'milillillillilli 11111111 111 "M
Town of Marana Cannot exceed $1000 Determined by the court
10
City of Mancopa $ 500 $ 11000 $ 100 $ 200 $ 400
"Habitual Offender": $2500
Town of Gilbert Up to $500 $ 100-500 $ 100-500 max, 500 per count.
...........................
Town of Florence -Res'ldenfial 250 $ 500 $ 750
$500 per viotation
Town of Rorence -Commercial $ 750 $ 11500 $ 21000
2ty of Phoenix 2501 $ 500 $ 06"100-2500'...'1011*11 $ 250-2500 NNOW0611 $ 500-2500
City of Tempe $100 to $1000 Up to $2000
City of Apache Junction, Arizona 300 E Superstition
Boulevard
Agenda Item Cover Sheet Apache Junction,AZ
85119
Agenda Item No. 19.
File ID: 24-891
Sponsor: Nicholas Leftwich Agenda Date: 11/5/2024
Index: In Control: City Council Meeting
Presentation, discussion, public hearing and consideration of Ordinance No. 1555, a
proposed text amendment of the Apache Junction City Code Volume 11, Land
Development Code, Chapter 1: Zoning Ordinance, Article 1-16: Administration, § 1-16-16
Violations, Penalties And Enforcement, to amend the zoning violation penalty fees.
City of Apache Junction,Arizona Page 1 Printed on 1013112024
City ofApache Junction
Development Services Department
CITY COUNCIL WORK SESSION
STAFF MEMO
Date: November 5, 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-24-70-AM
Subject: Text Amendment to City Code Vol . I, Chapter 9 : Health
& Sanitation, Article 9-1 : Property Maintenance
Standards, § 9-1-4 Enforcement and Abatement and
City Code Vol . II, Land Development Code, Chapter 1 :
Zoning Ordinance, Article 1-16 : Administration, § 1-
16-16 Violations, Penalties and Enforcement to amend
the zoning violation penalty fees and the property
maintenance penalty fees .
Background
On August 5, 2024, the Apache Junction City Council directed
staff to review the zoning violation penalty fees and the city
code property maintenance penalty fees . The objective was to
assess if the penalty fees should be amended to match each
other, with the possible option of increasing the penalty fees
in order to discourage future code violations .
Staff researched the penalty fee structures of other
municipalities within the valley pursuant to this direction and
provided this data and three different options of fee structures
to the Planning and Zoning Commission for review so that they
may provide their recommendation to the City Council, which has
been included as "Option 4" .
On October 14, 2024, the city council met to discuss the
recommendations and gave staff direction to provide an "Option 5"'
which matches the penalty fees of a first and second violation
between the two code types, and also makes the third offense
Text Amendment Case P-24-70-AM
November 5,2024 City Council Staff Memo
City ofApache Junction
Development Services Department
within 24 months of the first violation a class 1 misdemeanor with
a penalty fee not to exceed $2500, which is the state sentence
for class 1 misdemeanors set by A.R. S . Section 13-802 : Fines for
misdemeanors .
SUMMARY OF OPTIONS:
"OPTION 1" proposes to raise the Zoning Violation Civil Penalty
Fees to match the scale of the Property Maintenance Violation Civil
Penalty Fees .
"OPTION 2" proposes to increase both the Zoning Violation Civil
Penalty Fees and the Property Maintenance Violation Civil Penalty
Fees to a higher value and makes the third offense of a zoning
ordinance violation within a 24 month consecutive period a class
1 misdemeanor, with the penalty fee being updated to a criminal
fine not to exceed $2, 500 .
"OPTION 3" proposes no change to any of the penalty fees .
"OPTION 4", which the Planning and Zoning Commission recommended by
a 6 : 0 vote on September 24, 2024, proposes no change to the first
and second violation penalties of both violation types, but does
make the penalty of third offenses within 24 months of the first
violation a class 1 misdemeanor with a penalty fee not to exceed
$2500 .
"OPTION 5", per the direction given by the City Council on October
14, 2024, proposes to match the first and second violation
penalties at the scale of the Property Maintenance Violation Civil
Penalty Fees , but makes the penalty of third offenses within 24
months of the first violation a class 1 misdemeanor with a penalty
fee not to exceed $2500 .
The precise correlating fee values of each option are provided in
the attached P-24-70-AM Draft Amendment Options document .
In revising the ordinance draft, our city attorney also noted the
proposed amendment would affect the language of § 1-16-16
(D) (6) Enforcement procedures for non-emergency matters, which
names items contained in zoning enforcement notices and reads :
" (6) A warning that failure to comply may result in the filing of
a civil or criminal misdemeanor case, depending on whether this
violation is the lst, 2nd, 3rd or 4th violation over a 24-month
consecutive period. "
2
Text Amendment Case P-24-70-AM
November 5,2024 City Council Staff Memo
City ofApache Junction
Development Services Department
With the possible change of the penalty scale, it has been
recommended to simplify this language to read:
" (6) A warning that failure to comply may result in the filing of
a civil or criminal misdemeanor case . "
Draf t Ordinance No. 1554, amending Apache Junction City Code,
Volume I, Chapter 9 : Health and Sanitation, Article 9-1 : Property
Maintenance Standards, § 9-1-4 (C) Enforcement And Abatement and
Draft Ordinance No. 1555, amending Apache Junction City Code,
Volume II, Land Development Code, Chapter 1 : Zoning Ordinance,
Article 1-16 : Administration, § 1-16-16 (D) (6) And (F) (1)
Violations, Penalties And Enforcement have been prepared according
to City Council direction.
Attachments :
- Draft Ordinance No. 1554
- Draft Ordinance No. 1555
- P-24-70-AM Draft Amendment Options to Apache Junction City Code
Vol . I, Chapter 9 : Health & Sanitation, Article 9-1 : Property
Maintenance Standards, § 9-1-4 Enforcement and Abatement and
City Code Vol . II, Land Development Code, Chapter 1 : Zoning
Ordinance, Article 1-16 : Administration, § 1-16-16 Violations,
Penalties and Enforcement
- P&Z Staff Report, dated September 24, 2024
- City Council Work Session Staff Memo, dated October 14, 2024
- Table of Comparison to other Cities & Towns
Text Amendment Case P-24-70-AM
November 5,2024 City Council Staff Memo
ORDINANCE NO. 1555
AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY
OF APACHE JUNCTION, ARIZONA, AMENDING APACHE JUNCTION
CITY CODE, VOLUME II, LAND DEVELOPMENT CODE, CHAPTER 1 :
ZONING ORDINANCE, BY REPEALING AND REPLACING ARTICLE
1-16 : ADMINISTRATION, §§ 1-16-16 (D) (6) and (F) (1)
VIOLATIONS, PENALTIES AND ENFORCEMENT; REPEALING ANY
CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR PENALTIES.
WHEREAS, on August 5, 2024, the city council gave direction
to staff to compare zoning and property maintenance code penalties
and to assess functionality of both; and
WHEREAS, on September 24, 2024, the planning and zoning
commission voted 6 : 0 to recommended not changing the zoning
penalty fees on a first and second violation, but recommended
amending the penalty fee of a third offense within 24 months of
the first violation to a class 1 misdemeanor with a penalty fee
not to exceed $2500; and
WHEREAS, on October 14, 2024, the city council met to discuss
the recommendations and gave staff direction to match the penalty
fees, but also make the third offense within 24 months the first
violation a class 1 misdemeanor with a penalty fee not to exceed
$2500 .
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL
OF THE CITY OF APACHE JUNCTION, ARIZONA, AS FOLLOWS :
SECTION I IN GENERAL
1) That existing Apache Junction City Code, Volume II, Land
Development Code, Chapter 1 : Zoning Ordinance, Article 1-16 :
Administration, § 1-16-16 (D) (6) , Enforcement Procedures for
Non-emergency Matters, be amended as follows :
(6) A warning that failure to comply may result in the
filing of a civil or criminal misdemeanor case .
2) That existing Apache Junction City Code, Volume II, Land
Development Code, Chapter 1 : Zoning Ordinance, Article 1-16 :
Administration, § 1-16-16 (F) (1) , Civil Citations and
Complaints, Penalties, be amended as follows :
(F) Civil citations and complaints.
(1) Penalties.
(a) First offense during 24 consecutive month period: civil
penalty of $350;
ORDINANCE NO. 1555
PAGE 1 OF 2
(b) Second offense during 24 consecutive month period:
civil penalty of $600;
(c) Third offense and subsequent offenses within 24
months of first offense: criminal fine not to exceed
$2500, and other criminal penalties as a result of a
class 1 misdemeanor conviction.
SECTION II REPEALING ANY CONFLICTING PROVISIONS
All ordinances and parts of ordinances in conflict with the
provisions of this ordinance or any part of the codes adopted
herein by reference are hereby repealed.
SECTION III PROVIDING FOR SEVERABILITY
If any section, subsection, sentence, phrase, clause or portion
of this ordinance or any part of the codes or regulations
adopted herein by reference is for any reason held to be invalid
or unconstitutional by the decision of any court of competent
jurisdiction, such decision shall not affect the validity of the
remaining portions thereof.
SECTION IV PROVIDING FOR PENALTIES
Unless noted otherwise, any violation of any provisions adopted
herein, shall be punishable as a class 1 misdemeanor consistent
with Apache Junction City Code, Volume II, Chapter 1 : Zoning
Ordinance, Article 1-1 : Introductory Provisions, § 1-1-7 General
Penalty.
APPROVED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
APACHE JUNCTION THIS 5TH DAY OF NOVEMBER, 2024 .
SIGNED AND ATTESTED TO THIS DAY OF 2024 .
WALTER "CHIP" WILSON
Mayor
ATTEST:
JENNIFER PENA
City Clerk
APPROVED AS TO FORM:
RICHARD J. STERN
City Attorney
ORDINANCE NO. 1555
PAGE 2 OF 2
OPTION 1: Update Zoning Violation Civil Penalty Fees to match the Property Maintenance
Violation Civil Penalty Fees.
This would amend the zoning violation civil penalty fees of:
1. The first offense during 24 consecutive month period from $250 to $350;
2. The second offense during 24 consecutive month period from $500 to $600;
3. The third offense during 24 consecutive month period from $750 to $1000.
OPTION 2: Update both the Zoning Violation Civil Penalty Fees and the Property Maintenance
Violation Civil Penalty Fees to a higher value, and make the third offense within a 24 month
consecutive period a class 1 misdemeanor.
This would amend both the property maintenance and zoning violation civil penalty fees of:
1. The first offense during 24 consecutive month period to $500;
2. The second offense during 24 consecutive month period to $750;
3. The third offense and subsequent offenses within 24 months of first offense shall be a
criminal fine not to exceed $2500, and other criminal penalties as a result of a class 1
misdemeanor conviction.
OPTION 3: No change to the penalty fees.
OPTION 4, Planning &Zoning Commission Recommendation: Keep the penalty fees of the first
and second violations exactly as they currently are, while amending the penalty of the third
consecutive offense within a 24 month period for both penalty types to a class 1 misdemeanor
with a penalty fee not to exceed $2500.
OPTION 5, City Council Work Session Direction given on October 14, 2024: Match the first and
second violation penalties at the scale of the Property Maintenance Violation Civil Penalty Fees,
but make the penalty of third offenses within 24 months of the first violation a class 1
misdemeanor with a penalty fee not to exceed $2500.
OPTION 1 TEXT:
APACHE JUNCTION,ARIZONA
CITY CODE,VOLUME 1,
§ 9-1-4 ENFORCEMENT AND ABATEMENT.
(C) Civillcriminal citations and complaints.
(1) If the owner or other responsible party fails to comply with the notice of violation, a
civil/criminal action to enforce the provision of this article may be commenced and a summons
shall be issued in accordance with the procedures set forth in the Arizona Revised Statutes and
applicable city ordinances. Jurisdiction of proceedings in this article shall be in the municipal
court of the city.
(2) The City Manager, or his or her designee, shall be responsible for filing civil and criminal
citations with the municipal court with the following minimum penalties:
(a) First offense during a 24-consecutive-month period: civil penalty of$350;
(b) Second offense during a 24- consecutive-month period: civil penalty of$600;
(c) Third offense and subsequent offenses within 24 months of first offense: criminal fine
of$1,000, and other criminal penalties as a result of a class 1 misdemeanor conviction.
(3) The 24-month period shall be calculated from the dates the violations are committed.
The owner or responsible party shall receive the progressively higher civil penalty upon a
finding of responsibility for any violation of this article committed within 24 months of the
commission of another violation for which the owner or responsible party was found
responsible or was convicted. In no event shall the court reduce the minimum dollar penalties
referenced above. A criminal case shall only be filed only after 2 successive civil violations have
been committed within a 24-consecutive-month period.
(4) Every day any violation of any provision of this article continues shall constitute a
separate violation or offense. The owner of record, as reflected in the Pinal or Maricopa County
Recorder's Office, may be presumed to be a person having lawful control over the building,
structure or parcel of land that is the subject of the violation. If more than 1 person is recorded
as the owner of the property, the persons may be jointly and severally presumed to be the
persons having lawful control over the building, structure or parcel of land.
APACHE JUNCTION CITY CODE,
VOLUME 11, LAND DEVELOPMENT CODE
§ 1-16-16 VIOLATIONS, PENALTIES AND ENFORCEMENT.
(D) Enforcement proceduresfor non-emergency matters. If after an inspection and informal
attempts have failed to gain compliance with this Chapter in a non-emergency situation,the
city shall serve the owner, owner's statutory or authorized agent, occupant, lessee or person in
control of the property with a notice of violation. This notice shall contain the following:
(6)A warning that failure to comply may result in the filing of a civil or criminal
misdemeanor case.-,-depe4d+Ag-eR-�'
(F) Civil citations and complaints. If the owner or other responsible party fails to comply with
the notice of violation, and fails to appeal the notice, or loses the appeal hearing and fails to
pursue other available appellate courses of action, a civil action to enforce the provision of this
chapter may be commenced and a summons shall be issued in accordance with the procedures
set forth in the Arizona Revised Statutes and applicable city ordinances. Jurisdiction of
proceedings in this Chapter shall be in the Municipal Court of the City of Apache Junction.The
City Manager and/or his or her designee shall be responsible for filing civil citations with the
Apache Junction Municipal Court subject to the following:
(1) Penalties.
(a) First offense during 24 consecutive month period: civil penalty of$2zw$350;
(b) Second offense during 24 consecutive month period: civil penalty of$5,90$600;
(c) Third offense during 24 consecutive month period: civil penalty of$7-50$1000.
OPTION 2 TEXT:
APACHE JUNCTION,ARIZONA
CITY CODE,VOLUME 1,
§ 9-1-4 ENFORCEMENT AND ABATEMENT.
(C) Civillcriminal citations and complaints.
(1) If the owner or other responsible party fails to comply with the notice of violation, a
civil/criminal action to enforce the provision of this article may be commenced and a summons
shall be issued in accordance with the procedures set forth in the Arizona Revised Statutes and
applicable city ordinances. Jurisdiction of proceedings in this article shall be in the municipal
court of the city.
(2) The City Manager, or his or her designee, shall be responsible for filing civil and criminal
citations with the municipal court with the following minimum penalties:
(a) First offense during a 24-consecutive-month period: civil penalty of$3&0-500;
(b) Second offense during a 24- consecutive-month period: civil penalty of$600-750;
(c) Third offense and subsequent offenses within 24 months of first offense: criminal fine
4$4-,=not to exceed $2500, and other criminal penalties as a result of a class 1
misdemeanor conviction.
(3) The 24-month period shall be calculated from the dates the violations are committed.
The owner or responsible party shall receive the progressively higher civil penalty upon a
finding of responsibility for any violation of this article committed within 24 months of the
commission of another violation for which the owner or responsible party was found
responsible or was convicted. In no event shall the court reduce the minimum dollar penalties
referenced above. A criminal case shall only be filed only after 2 successive civil violations have
been committed within a 24-consecutive-month period.
(4) Every day any violation of any provision of this article continues shall constitute a
separate violation or offense. The owner of record, as reflected in the Pinal or Maricopa County
Recorder's Office, may be presumed to be a person having lawful control over the building,
structure or parcel of land that is the subject of the violation. If more than 1 person is recorded
as the owner of the property, the persons may be jointly and severally presumed to be the
persons having lawful control over the building, structure or parcel of land.
APACHE JUNCTION CITY CODE,
VOLUME 11, LAND DEVELOPMENT CODE
§ 1-16-16 VIOLATIONS, PENALTIES AND ENFORCEMENT.
(D) Enforcement proceduresfor non-emergency matters. If after an inspection and informal
attempts have failed to gain compliance with this Chapter in a non-emergency situation,the
city shall serve the owner, owner's statutory or authorized agent, occupant, lessee or person in
control of the property with a notice of violation. This notice shall contain the following:
(6)A warning that failure to comply may result in the filing of a civil or criminal
misdemeanor case.-,-depe4d+Ag-eR-�'
(F) Civil citations and complaints. If the owner or other responsible party fails to comply with
the notice of violation, and fails to appeal the notice, or loses the appeal hearing and fails to
pursue other available appellate courses of action, a civil action to enforce the provision of this
chapter may be commenced and a summons shall be issued in accordance with the procedures
set forth in the Arizona Revised Statutes and applicable city ordinances. Jurisdiction of
proceedings in this Chapter shall be in the Municipal Court of the City of Apache Junction.The
City Manager and/or his or her designee shall be responsible for filing civil citations with the
Apache Junction Municipal Court subject to the following:
(1) Penalties.
(a) First offense during 24 consecutive month period: civil penalty of$2zw$500;
(b) Second offense during 24 consecutive month period: civil penalty of$500$750;
(c) �' 54.Third offense
and subsequent offenses within 24 months of first offense: criminal fine not to exceed $2500,
and other criminal penalties as a result of a class 1 misdemeanor conviction.
OPTION 3 TEXT, (NO CHANGE):
APACHE JUNCTION,ARIZONA
CITY CODE,VOLUME 1,
§ 9-1-4 ENFORCEMENT AND ABATEMENT.
(C) Civillcriminal citations and complaints.
(1) If the owner or other responsible party fails to comply with the notice of violation, a
civil/criminal action to enforce the provision of this article may be commenced and a summons
shall be issued in accordance with the procedures set forth in the Arizona Revised Statutes and
applicable city ordinances. Jurisdiction of proceedings in this article shall be in the municipal
court of the city.
(2) The City Manager, or his or her designee, shall be responsible for filing civil and criminal
citations with the municipal court with the following minimum penalties:
(a) First offense during a 24-consecutive-month period: civil penalty of$350;
(b) Second offense during a 24- consecutive-month period: civil penalty of$600;
(c) Third offense and subsequent offenses within 24 months of first offense: criminal fine
of$1,000, and other criminal penalties as a result of a class 1 misdemeanor conviction.
(3) The 24-month period shall be calculated from the dates the violations are committed.
The owner or responsible party shall receive the progressively higher civil penalty upon a
finding of responsibility for any violation of this article committed within 24 months of the
commission of another violation for which the owner or responsible party was found
responsible or was convicted. In no event shall the court reduce the minimum dollar penalties
referenced above. A criminal case shall only be filed only after 2 successive civil violations have
been committed within a 24-consecutive-month period.
(4) Every day any violation of any provision of this article continues shall constitute a
separate violation or offense. The owner of record, as reflected in the Pinal or Maricopa County
Recorder's Office, may be presumed to be a person having lawful control over the building,
structure or parcel of land that is the subject of the violation. If more than 1 person is recorded
as the owner of the property, the persons may be jointly and severally presumed to be the
persons having lawful control over the building, structure or parcel of land.
APACHE JUNCTION CITY CODE,
VOLUME 11, LAND DEVELOPMENT CODE
§ 1-16-16 VIOLATIONS, PENALTIES AND ENFORCEMENT.
(F) Civil citations and complaints. If the owner or other responsible party fails to comply with
the notice of violation, and fails to appeal the notice, or loses the appeal hearing and fails to
pursue other available appellate courses of action, a civil action to enforce the provision of this
chapter may be commenced and a summons shall be issued in accordance with the procedures
set forth in the Arizona Revised Statutes and applicable city ordinances. Jurisdiction of
proceedings in this Chapter shall be in the Municipal Court of the City of Apache Junction. The
City Manager and/or his or her designee shall be responsible for filing civil citations with the
Apache Junction Municipal Court subject to the following:
(1) Penalties.
(a) First offense during 24 consecutive month period: civil penalty of$250;
(b) Second offense during 24 consecutive month period: civil penalty of$500;
(c) Third offense during 24 consecutive month period: civil penalty of$750.
OPTION 4 TEXT, PLANNING &ZONING COMMISSION RECOMMNEDATION:
APACHE JUNCTION,ARIZONA
CITY CODE,VOLUME 1,
§ 9-1-4 ENFORCEMENT AND ABATEMENT.
(C) Civillcriminal citations and complaints.
(1) If the owner or other responsible party fails to comply with the notice of violation, a
civil/criminal action to enforce the provision of this article may be commenced and a summons
shall be issued in accordance with the procedures set forth in the Arizona Revised Statutes and
applicable city ordinances. Jurisdiction of proceedings in this article shall be in the municipal
court of the city.
(2) The City Manager, or his or her designee, shall be responsible for filing civil and criminal
citations with the municipal court with the following minimum penalties:
(a) First offense during a 24-consecutive-month period: civil penalty of$350;
(b) Second offense during a 24- consecutive-month period: civil penalty of$600;
(c) Third offense and subsequent offenses within 24 months of first offense: criminal fine
4$4-,=not to exceed $2500, and other criminal penalties as a result of a class 1
misdemeanor conviction.
(3) The 24-month period shall be calculated from the dates the violations are committed.
The owner or responsible party shall receive the progressively higher civil penalty upon a
finding of responsibility for any violation of this article committed within 24 months of the
commission of another violation for which the owner or responsible party was found
responsible or was convicted. In no event shall the court reduce the minimum dollar penalties
referenced above. A criminal case shall only be filed only after 2 successive civil violations have
been committed within a 24-consecutive-month period.
(4) Every day any violation of any provision of this article continues shall constitute a
separate violation or offense. The owner of record, as reflected in the Pinal or Maricopa County
Recorder's Office, may be presumed to be a person having lawful control over the building,
structure or parcel of land that is the subject of the violation. If more than 1 person is recorded
as the owner of the property, the persons may be jointly and severally presumed to be the
persons having lawful control over the building, structure or parcel of land.
APACHE JUNCTION CITY CODE,
VOLUME 11, LAND DEVELOPMENT CODE
§ 1-16-16 VIOLATIONS, PENALTIES AND ENFORCEMENT.
(D) Enforcement proceduresfor non-emergency matters. If after an inspection and informal
attempts have failed to gain compliance with this Chapter in a non-emergency situation,the
city shall serve the owner, owner's statutory or authorized agent, occupant, lessee or person in
control of the property with a notice of violation. This notice shall contain the following:
(6)A warning that failure to comply may result in the filing of a civil or criminal
misdemeanor case.-,-depe4d+Ag-eR-�'
(F) Civil citations and complaints. If the owner or other responsible party fails to comply with
the notice of violation, and fails to appeal the notice, or loses the appeal hearing and fails to
pursue other available appellate courses of action, a civil action to enforce the provision of this
chapter may be commenced and a summons shall be issued in accordance with the procedures
set forth in the Arizona Revised Statutes and applicable city ordinances. Jurisdiction of
proceedings in this Chapter shall be in the Municipal Court of the City of Apache Junction.The
City Manager and/or his or her designee shall be responsible for filing civil citations with the
Apache Junction Municipal Court subject to the following:
(1) Penalties.
(a) First offense during 24 consecutive month period: civil penalty of$250;
(b) Second offense during 24 consecutive month period: civil penalty of$500;
(c) Third offense
and subsequent offenses within 24 months of first offense: criminal fine not to exceed $2500,
and other criminal penalties as a result of a class 1 misdemeanor conviction.
OPTION 5 TEXT, CITY COUNCIL WORK SESSION DIRECTION:
APACHE JUNCTION,ARIZONA
CITY CODE,VOLUME 1,
§ 9-1-4 ENFORCEMENT AND ABATEMENT.
(C) Civillcriminal citations and complaints.
(1) If the owner or other responsible party fails to comply with the notice of violation, a
civil/criminal action to enforce the provision of this article may be commenced and a summons
shall be issued in accordance with the procedures set forth in the Arizona Revised Statutes and
applicable city ordinances. Jurisdiction of proceedings in this article shall be in the municipal
court of the city.
(2) The City Manager, or his or her designee, shall be responsible for filing civil and criminal
citations with the municipal court with the following minimum penalties:
(a) First offense during a 24-consecutive-month period: civil penalty of$350;
(b) Second offense during a 24- consecutive-month period: civil penalty of$600;
(c) Third offense and subsequent offenses within 24 months of first offense: criminal fine
4$4-,=not to exceed $2500, and other criminal penalties as a result of a class 1
misdemeanor conviction.
(3) The 24-month period shall be calculated from the dates the violations are committed.
The owner or responsible party shall receive the progressively higher civil penalty upon a
finding of responsibility for any violation of this article committed within 24 months of the
commission of another violation for which the owner or responsible party was found
responsible or was convicted. In no event shall the court reduce the minimum dollar penalties
referenced above. A criminal case shall only be filed only after 2 successive civil violations have
been committed within a 24-consecutive-month period.
(4) Every day any violation of any provision of this article continues shall constitute a
separate violation or offense. The owner of record, as reflected in the Pinal or Maricopa County
Recorder's Office, may be presumed to be a person having lawful control over the building,
structure or parcel of land that is the subject of the violation. If more than 1 person is recorded
as the owner of the property, the persons may be jointly and severally presumed to be the
persons having lawful control over the building, structure or parcel of land.
APACHE JUNCTION CITY CODE,
VOLUME 11, LAND DEVELOPMENT CODE
§ 1-16-16 VIOLATIONS, PENALTIES AND ENFORCEMENT.
(D) Enforcement proceduresfor non-emergency matters. If after an inspection and informal
attempts have failed to gain compliance with this Chapter in a non-emergency situation,the
city shall serve the owner, owner's statutory or authorized agent, occupant, lessee or person in
control of the property with a notice of violation. This notice shall contain the following:
(6)A warning that failure to comply may result in the filing of a civil or criminal
misdemeanor case.-,-depe4d+Ag-eR-�'
(F) Civil citations and complaints. If the owner or other responsible party fails to comply with
the notice of violation, and fails to appeal the notice, or loses the appeal hearing and fails to
pursue other available appellate courses of action, a civil action to enforce the provision of this
chapter may be commenced and a summons shall be issued in accordance with the procedures
set forth in the Arizona Revised Statutes and applicable city ordinances. Jurisdiction of
proceedings in this Chapter shall be in the Municipal Court of the City of Apache Junction.The
City Manager and/or his or her designee shall be responsible for filing civil citations with the
Apache Junction Municipal Court subject to the following:
(1) Penalties.
(a) First offense during 24 consecutive month period: civil penalty of$350;
(b) Second offense during 24 consecutive month period: civil penalty of$600;
(c) TWr-d�, Third offense
and subsequent offenses within 24 months of first offense: criminal fine not to exceed $2500,
and other criminal penalties as a result of a class 1 misdemeanor conviction.
City ofApache Junction
D evelopment Services Department
PLANNING AND ZONING COMMISSION
PUBLIC HEARING STAFF REPORT
DATE: September 24, 2024
TO: Planning and Zoning Commission
THROUGH: Rudy Esquivias, Development Services
Director
Sidney Urias, Planning Manager
FROM: Nick Leftwich, Planner
CASE NUMBER: P-24-70-AM
REQUEST: Text Amendment to City Code Vol . I,
Chapter 9 : Health & Sanitation, Article 9-
1 : Property Maintenance Standards, § 9-1-4
Enforcement and Abatement and City Code
Vol . II, Land Development Code, Chapter 1 :
Zoning Ordinance, Article 1-16 :
Administration, § 1-16-16 Violations,
Penalties and Enforcement to amend the
zoning violation penalty fees to match the
property maintenance penalty fees .
BACKGROUND
On August 5, 2024, the Apache Junction City Council directed
staff to review the zoning violation penalty fees and the city
code property maintenance penalty fees . The objective was to
assess if the penalty fees should be amended to match each
other, with the possible option of increasing the penalty fees
in order to discourage future code violations .
RESEARCH
To evaluate fees, Staff has researched the penalty fee structure
of other municipalities within the valley. The attached table
depicts the data and scaling of zoning violation penalty fees
and property maintenance penalty fees for the first, second, and
third violation.
Text Amendment Case P-24-70-AM
September 24,2024 Planning and Zoning Commission Staff Report
City ofApache Junction
D evelopment Services Department
The City of Apache Junction' s penalty fee structure consists of
the following:
(Within a 24 Zoning Violation Property Maintenance Civil
consecutive Civil Penalty Penalty Fees
month period) Fees
First Offense : $250 $350
Second Offense : $500 $600
Third Offense : $750 Criminal fine of $1, 000, and
other criminal penalties as a
result of a class 1 misdemeanor
conviction.
Per our consultation with the Code Compliance Division and the
City Attorney, most code violation cases are closed before they
are ever charged in court. An estimated 95% of all violation
cases being closed prior to a civil judgement . Even rarer is the
escalation of a first offense to a second or third offense.
PLANNING DIVISION RECOMMENDATION
Planning Staff prepared 3 courses of action for the Planning &
Zoning Commission to evaluate and choose which to recommend to the
City Council .
OPTION 1 : Update Zoning Violation Civil Penalty Fees to match the
Property Maintenance Violation Civil Penalty Fees .
This would amend the zoning violation civil penalty fees of:
1 . The first offense during 24 consecutive month period from
$250 to $350;
2 . The second offense during 24 consecutive month period from
$500 to $600;
3 . The third offense during 24 consecutive month period from
$750 to $1000 .
OPTION 2 : Increase both the Zoning Violation Civil Penalty Fees
and the Property Maintenance Violation Civil Penalty Fees to a
higher value, and make the third offense within a 24 month
consecutive period a class 1 misdemeanor.
2
Text Amendment Case P-24-70-AM
September 24,2024 Planning and Zoning Commission Staff Report
City ofApache Junction
D evelopment Services Department
This would amend both the property maintenance and zoning violation
civil penalty fees of:
1 . The first offense during 24 consecutive month period to $500;
2 . The second offense during 24 consecutive month period to $750;
3 . The third offense and subsequent offenses within 24 months of
first offense shall be a criminal fine not to exceed $2500,
and other criminal penalties as a result of a class 1
misdemeanor conviction.
OPTION 3: No change to penalty fees .
RECOMMENDED MOTION
I move that the Planning and Zoning Commission recommend to the
Apache Junction City Council Option # of text amendment case
P-24-70-AM, an amendment to the Apache Junction City Code Vol .
I, Chapter 9 : Health & Sanitation, Article 9-1 : Property
Maintenance Standards, § 9-1-4 Enforcement and Abatement and
City Code Vol . II, Land Development Code, Chapter 1 : Zoning
Ordinance, Article 1-16 : Administration, § 1-16-16 Violations,-
Penalties and Enforcement as described in the attached text
exhibit.
7 W-
Prepared by Nick Leftwich
Planner
Attachments:
-P-24-70-AM Draft Amendment to Apache Junction City Code Vol. I, Chapter 9:
Health & Sanitation, Article 9-1: Property Maintenance Standards, § 9-1-4
Enforcement and Abatement and City Code Vol. II, Land Development Code, Chapter
1: Zoning Ordinance, Article 1-16: Administration, § 1-16-16 Violations,
Penalties and Enforcement
-Table of Comparison to other Cities & Towns
3
Text Amendment Case P-24-70-AM
September 24,2024 Planning and Zoning Commission Staff Report
City ofApache Junction
Development Services Department
CITY COUNCIL WORK SESSION
STAFF MEMO
Date: October 14, 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-24-70-AM
Subject: Text Amendment to City Code Vol . I, Chapter 9 : Health
& Sanitation, Article 9-1 : Property Maintenance
Standards, § 9-1-4 Enforcement and Abatement and
City Code Vol . II, Land Development Code, Chapter 1 :
Zoning Ordinance, Article 1-16 : Administration, § 1-
16-16 Violations, Penalties and Enforcement to amend
the zoning violation penalty fees and the property
maintenance penalty fees .
Background
On August 5, 2024, the Apache Junction City Council directed
staff to review the zoning violation penalty fees and the city
code property maintenance penalty fees . The objective was to
assess if the penalty fees should be amended to match each
other, with the possible option of increasing the penalty fees
in order to discourage future code violations .
Staff researched the penalty fee structures of other
municipalities within the valley pursuant to this direction and
provided this data and three different options of fee structures
to the Planning and Zoning Commission for review so that they
may provide their recommendation to the City Council . The
research data and options, along with the correlating fee values
are provided in the attached staff report.
"OPTION 1" proposed to update Zoning Violation Civil Penalty Fees
to match the Property Maintenance Violation Civil Penalty Fees .
Text Amendment Case P-24-70-AM
October 14,2024 City Council Staff Memo
City ofApache Junction
Development Services Department
"OPTION 2" proposed to increase both the Zoning Violation Civil
Penalty Fees and the Property Maintenance Violation Civil Penalty
Fees to a higher value. At the recommendation of our city
attorney' s office, it also proposed to make the third offense of
• zoning ordinance violation within a 24 month consecutive period
• class 1 misdemeanor, with the penalty fee being updated to a
criminal fine not to exceed $2, 500, which is the state sentence
for class 1 misdemeanors set by A.R. S . Section 13-802 : Fines for
misdemeanors . The third violation within a 24 month period for a
property maintenance violation is already a class 1 misdemeanor,
however this option proposes to update the maximum criminal fine
to the state standard value ($2, 500) as well .
"OPTION 3" proposed no change to any of the penalty fees .
Plannin2 and Zoning Commission Recommendation
On September 24, 2024 the Planning and Zoning Commission held a
public hearing and discussion to determine their recommendation.
The Commission voted 6-0 to recommend approval of Text Amendment
Case P-24-70-AM, with a recommendation to keep the penalty fees of
the first and second violations exactly as they currently are
(represented by option 3) , while amending the penalty fee of the
third consecutive offense within a 24 month period for both penalty
types to a class 1 misdemeanor with a penalty fee not to exceed
$2500, matching the state penalty of class 1 misdemeanors .
The changes of this Planning & Zoning Commission recommendation,
noted here as "OPTION 4," are depicted here:
(Within a 24 Zoning Violation Civil Penalty Fees Property Maintenance Civil Penalty
consecutive month Fees
period)
First Offense: $250 $350
Second Offense: $500 $600
Third Offense: $7-59 Criminal fine 44470N not to exceed
Criminal fine not to exceed $2500, $2500, and other criminal penalties
and other criminal penalties as a as a result of a class 1 misdemeanor
result of a class 1 misdemeanor conviction.
conviction.
2
Text Amendment Case P-24-70-AM
October 14,2024 City Council Staff Memo
City ofApache Junction
Development Services Department
Attachments :
- P-24-70-AM AM Draft Amendment to Apache Junction City Code
Vol . I, Chapter 9 : Health & Sanitation, Article 9-1 : Property
Maintenance Standards, § 9-1-4 Enforcement and Abatem ent and
City Code Vol . II, Land Development Code, Chapter 1 : Zoning
Ordinance, Article 1-16 : Administration, § 1-16-16 Violations,
Penalties and Enforcement
- P&Z Staff Report from September 24, 2024
- Table of Comparison to other Cities & Towns
3
Text Amendment Case P-24-70-AM
October 14,2024 City Council Staff Memo
Agency Zoning Property Maintenance-Civil
Ist Citation 2nd Citation 3rd Citation 1st Citation 2nd Citation 3rd Citation
City of Apache Junction $ 250 $ 500 $ 750 $ 350 $ 600 $ 1,000
City of Mesa $ 150-1500 $ 250-2500 $ 500-2500 $ 250-1500 $ 350-2500 $ 500-2500
Town of Queen Creek $ 250 $ 500 $ 2,000 $ 250 $ 500 $ 2,000
City of Avondale $ 250 $ 500 $ 1,000 $ 250 $ 500 $ 1,000
Town of Buckeye $ 100 $ 100 $ 200 Determined by the court
City of Casa Grande $100 to$500 $100 to$500,$250 to 1000 for'enterprises'
City of Goodyear $ 500 $ 750 $ 1,000 $50-$300 $300-$500 1 $550-$1000
Town of Marana Cannot exceed$1000 Determined by the court
City of Maricopa $ 250 $ 500 $ 1,000 $ 100 $ 200 $ 400
"Habitual Offender":$2500
Town of Gilbert Up to$500 $ 100-500 $ 100-500 max,500 per count.
Town of Florence-Residential $500 per violation $ 250 $ 500 $ 750
Town of Florence-Commercial $ 750 $ 1,500 $ 2,000
City of Phoenix 100 $ 250 $ 500 $ 100-2500 $ 250-2500 T$ 500-2500
City of Tempe $100 to$1000 1 Up to$2000
Using low values of the penalty fees with discretionary ranges.
Agency Zoning Property Maintenance-Civil
1st Citation 2nd Citation 3rd Citation Ist Citation 2nd Citation 3rd Citation
City of Apache Junction $ 250 $ 500 $ 750 $ 350 $ 600 $ 1,000
City of Mesa $ 150 $ 250 $ 500 $ 250 $ 350 $ 500
Town of Queen Creek $ 250 $ 500 $ 2,000 $ 250 $ 500 $ 2,000
City of Avondale $ 250 $ 500 $ 1,000 $ 250 $ 500 $ 1,000
Town of Buckeye $ 100 $ 100 $ 200
City of Casa Grande $ 100 $ 500 $ 100 $ 500
City of Goodyear $ 500 $ 750 $ 1,000 $ 300 $ 500 $ 1,000
Town of Marana $ 1,000
City of Maricopa $ 250 $ 500 $ 1,000 $ 100 $ 200 $ 400
Town of Gilbert $ 500 $ 500 $ 500 $ 100 $ 500 $ 2,500
Town of Florence-Residential 500 500 500 $ 250 $ 500 $ 750
City of Phoenix $ 100 $ 250 $ 500 $ 100 $ 250 $ 500
City of Tempe 100 1000
JAVG With Variable Minimums 2541 4351 7351 2051 4331 1015
Using high values of the penalty fees with discretionary ranges.
Agency Zoning Property Maintenance-Civil
1st Citation 2nd Citation 3rd Citation 1st Citation 2nd Citation 3rd Citation
City of Apache Junction $ 250 $ 500 $ 750 $ 350 $ 600 $ 1,000
City of Mesa $ 1,500 $ 2,500 $ 2,500 $ 1,500 $ 2,500 $ 2,500
Town of Queen Creek $ 250 $ 500 $ 2,000 $ 250 $ 500 $ 2,000
City of Avondale $ 250 $ 500 $ 1,000 $ 250 $ 500 $ 1,000
Town of Buckeye $ 100 $ 100 $ 200
City of Casa Grande $ 500 $ 500 $ 500 $ 500 $ 500 $ 500
City of Goodyear $ 500 $ 750 $ 1,000 $ 300 $ 500 $ 1,000
Town of Marana $ 1,000 $ 1,000 $ 1,000
City of Maricopa $ 250 $ 500 $ 1,000 $ 100 $ 200 $ 400
Town of Gilbert $ 500 $ 500 $ 500 $ 500 $ 500 $ 2,500_
Town of Florence-Residential $ 500 $ 500 $ 500 $ 250 $ 500 $ 750
City of Phoenix $ 100 $ 250 $ 500 $ 2,500
City of Tempe $ 1,000 $ 1,000 $ 1,000 $ 2,000 $ 2,000 $ 2,000
.AVG With Variable Maximums $ 538 $ 717 $ 975 $ 628 $ 856 $ 1,515
City of Apache Junction, Arizona 300 E Superstition
Boulevard
Agenda Item Cover Sheet Apache Junction,AZ
85119
Agenda Item No.20.
File ID: 24-898
Sponsor: Matt Busby Agenda Date: 11/5/2024
Index: In Control: City Council Meeting
Council direction to staff regarding the continuation of the .2% sales tax which is set to expire
on March 1, 2025, and the .2% sales tax which is set to expire on September 1, 2026.
City of Apache Junction,Arizona Page 1 Printed on 1013112024
CITY COUNCIL MEETING ROLL CALL Date:
Work, Studytkq Regular /I-s- SPE'cial 11-44- ;?q
S: S-,1,"A&7ES'-fV
CITY COUNCIL:
MAYOR WILSON
VICE MAYOR SCHROEDER V
COUNCILMEMBER CROSS
COUNCILMEMBER HECK V
COUNCILMEMBER JOHNSON V/
COLINCILMEMBER NESSER V/
COUNCILMEMBER SOLLER
LTOTAL
A!,!,?xcu� P�e"e,it Ab/,?,,.�.,u P,- s,�
CITY STAFF:
City Manager Bryant Powell V
Assistant City Manager Matt Busby V
City Clerk Jennifer Pena
City Attorney Joe�Stern I/
IT Director Doug Wirthgen
Mrkt Comm Director Kayla Fulmer L/
Public Safety Director Michael Pooley
Public Safety Assistant Johnny.lohn
Dev Services Director Rudy Esquivias
PW Director Ted Wolff
Parks& Rec Director Liz Langenbach
Econ Director Patrick Ainsworth
Library Director Pam Harrison
Financ a Dire ctor Angehe Hawley V/
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 P/
Planner Nick Leftwlich
PW Project Engineer Raquel Schatz
City Engineer Emile Schmid
Management Anaylyst Rob Wistler
50^
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City Council
VOTE - ROLL CALL
ITEM # MEETING OF
MOTION BY: SECONDED BY: PQ,4A-kl
NOTES:
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CITY COUNCIL
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-—----------— -—------
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------------ —-----
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-—---------------
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-----------
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——------------- -------------——-------
CITY COUNCIL:
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VICE MAYOR SCHROEDER
—----—------—
COUNCILMEMBER JOHNSON
COUNCILMEMBER SOLLER
- -------------- -—---------- ——-----
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COUNCILMEMBER JOHNSON
CO U N C ILMEMBER CROSS
COUNCILMEMBER HECK
----—-----
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MAYOR WILSON
7 TOTAL UNANIMOUS IN FAV R OPPOSED EXCUSED
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——---------------
VICE MAYO_RSCHROEDER___,__, —- ------
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-—------------
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TOTAL IN FAVOR OPPOSED EXCUSED
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—----------- —---------
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VICE MAYOR SCHROEDER
--------------
COUNCILMEMBER JOHNSON
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City Council
ORDINANCE VOTE - ROLL CALL
ITEM # gq MEETING OF -Z 2'
MOTION BY: JAL�&-� SECONDED BY:
MOTION BY: I SECONDED BY:
NOTES:- w. A—
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YES NO EXCUSED
CITY COUNCIL:
COUNCILM EMBER JOHNSON
VICE MAYOR SCHROEDER
COUNCILMEMBER SOLLER
COUNCILMEMBER CROSS
COUNCILMEMBER40++NSON—
COUNCILMEMBER HECK
MAYOR WILSON
TOTAL UNANIMOUS IN FAVOR OPPOSED EXCUSED
YES NO EXCUSED
CITY COUNCIL:
COLINCILMEMBER CROSS
COLINCILMEMBER HECK
VICE MAYOR SCHROEDER
COUNCILMEMBER SOLLER
COUNCILMEMBER JOHNSON
COUNCILMEMBER NESSER
MAYOR WILSON
TOTAL UNANIMOUS IN FAVOR OPPOSED EXCUSED
S:/5—Templates&Forms/Vote Call—City Council
City Council
VOTE - ROLL CALL
ITEM # MEETING OF 5- zpaq
MOTION BY: SECONDED BY:
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YES NO ABSTAINED
---------------------
CITY COUNCIL
------------------------------- -------- ----------
COUNCILMEMBER
SOLLER V"
VICE MAYOR
CHRqEDER
COUNCILMEMBER
_-NESSER____ _/ _-------------
COUNCILMEMBER
CROSS I/
COUNCILMEMBER
HECK
COUNCILMEMBER
JOHNSON
MAYOR WILSON
TOTAL PUA�4/ LM
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-UNANIMOUS IN FAVOR OPPOSED ABSTAINED
TOTAL
S�/5—Templates&Forms/Vote Call—City Council
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. 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? woitfor the motion ond 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.
waitfor 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.
woitfor 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. waitfor 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. woitfor 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. woitfor the motion & the 2nd
Roll Call
Do I have the second motion to adopt Ordinance No. 1555?
Roll Call
1. 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? waitfor the motion & the 2nd
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 Aggenda Items Nos. 1-8
1 move the consent agenda be accepted and approved as presented.
Item No. 15— Public Hearina
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
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,
CITY OF APACHE JUNCTIO
Date:ILL---�—,-� FOR:
REQUEST TO SPEAK
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. —1 am opposed to the proposed Item.
First Name Last Name
(PRIINT)
UT
ss city zi de
L (0 CP7
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 Hearinq_Somments have a five minute limit.
Consent for Minor to be Audio and/or Video Recorded:
1, , 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)(%
Signature of Parent/Guardian Date
08/26/2019
Date: 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 #: 17
1 would like to speak on a Non-Agenda matteir regarding: -S bt/,�-e,,-_S+, h Z4-\
Do you wish to speak before Council on this item? Yes No Only If Necessary
—1 am in favor of the proposed Item. —1 am opposed to the proposed Item.
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First Name Last Name
(PRINT)
13c)
Address city Zip Code
27
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Te—lephone 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:
1, , 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)(%
Signature of Parent/Guardian Date
08/26/2019
Date: 11-_- 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 / I /^ �
I would like to speak on a Non-Agenda matter regarding: g1iz1zrr1VL) j iv-)P7)A "e)-W
in &V
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Do you wish to speak before Council on this item? Yes___Lz No Only If Necessary
A�Ll am in favor of the proposed Item. —1 am opposed to the proposed Item.
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First Name Last Name
(PRINT)
?13 -3 - Jr,11 kf�� Cv,) x4 A-Peck
Address T_ city Zip Code
4 ca,
Telephone Email address 7—
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 Hearinq comments have a five minute limit.
Consent for Minor to be Audio and/or Video Recorded:
1, , 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)(%
ignature of Pa"rent/Guardiarr— Date
08/26/2019