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Home My WebLink About2024 11.19 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 19,2024 7:00 PM City Council Chambers A. CALL TO ORDER B. INVOCATION AND PLEDGE OF ALLEGIANCE C. ROLL CALL D. CONSENT AGENDA The council may, at this time, take single action on any or all items listed as consent agenda items. These may include, but are not limited to, acceptance of agenda, acceptance of minutes, appointments, acceptance of resignations and adoption of certain resolutions and other items which do not require a 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. 24-817 Consideration of acceptance of agenda. Sponsors: Yvette McKinney 2. 24-822 Consideration of approval of minutes of the regular meeting of November 5, 2024. Sponsors: Yvette McKinney Attachments: CCMIN 2024 11 05 MINUTES DRAFT 3. 24-909 Consideration of approval of procurement of a city fleet vehicle and equipment in the current budget year for the Public Works Facilities Maintenance Division for use by newly added Facilities Maintenance Technician. Purchase would be made through San Tan Ford utilizing Arizona State Cooperative contract#CTR059323 in an amount not to exceed $61,867.11. Sponsors: Ted Wolff Attachments: 2024 Ford F-250-MemgrandgM.pcif 2024 Ford F-250 lnvoicgpdf City of Apache Junction,Arizona Page I Printed on 1111412024 City Council Meeting Agenda November 19,2024 E. AWARDS, PRESENTATIONS AND PROCLAMATIONS Awards,presentations from other organizations,proclamations issued by the mayor, and acknowledgement of distinguished guests and visitors, and staff presentation of receipt of grant or donated funds are permitted at this time. 4. 24-929 Proclamation for"Commitment to Volunteerism in Apache Junction." Sponsors: Yvette McKinney Attachments: 11 2024 Commitment to Volunteerism 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. 5. 24-827 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. 6. 24-832 City Manager's Report. Sponsors. Bryant Powell 7. 24-937 Staff Update from Marketing/Communications Director, Kayla Fulmer. Sponsors. Bryant Powell 8. 24-837 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. City of Apache Junction,Arizona Page 2 Printed on 1111412024 City Council Meeting Agenda November 1g.2024 9. 24-91C3 Presentation, discussion, public hearing and consideration nf Ordinance No.15G6. of Case P-24-83+AK4. a proposed text amendment of the Apache Junction Zoning Ordinance, Section 1-6-10: AccessorV_ Dwelling Units to modify the accessory dwelling unit zoning requirements tu comply with Arizona House Bill 2720. Sponsors: Nicholas Leftwich Attachments: 10. 24-914 Presentation, discussion, public hearing and consideration of Ordinance No.1557. of Case P-24-84'AK4. a proposed text amendment of the Apache Junction Zoning Ordinance, Article 1-1S: Administration to modify the ordinance to comply with Arizona Senate Bill 1162. Smmmum: Thein\Ko Attachments: Ordinance No, 1557.pdf EX 1 P-24-84-PZ Draft Text Amendment to Article 1-16 Admin 11. 24-91U5 Presentation, discussion, public hearing and consideration of Ordinance No.155Q. of Case P-23'112'PZ. a proposed rezoning ufQA1 E. Old West Highway, parcel 102-03-136A, requested by Greg Loper on behalf ofShnrbakkon & Sons Construction |no.. to rezone the property from General Commercial (^B-1'')to Industrial (''B-5^)toallow for the continued use ofa construction business comprising a contractor's office, shop and indoor/outdoor storage with construction truck parking. Sommuvs: Nicholas Leftwich Attachments: Ordinance No, 1559 Draft-ndf City vr Apache Junction,Arizona Page wmmd on 111/412024 City Council Meeting Agenda November 19,2024 12. 24-925 Presentation, discussion, public hearing and consideration of application for Class A Bingo License for Rock Shadows RV Resort, located at 600 S. Idaho Rd, Apache Junction, AZ. Sponsors: Yvette McKinney Attachments: Memo to Council Application-Redacted Public Safet InSloection A SFMD InsDection Annrn al Epa�� 1. OLD BUSINESS The council shall consider any business that has been previously considered and which is still unfinished to include those items previously postponed or tabled. No member of the public shall be permitted to speak on these items unless invited to do so by the mayor after first submitting a written request-to-speak form with the city clerk. J. NEW BUSINESS The council shall consider any business not yet considered. No member of the public shall be permitted to speak on these items unless invited to do so by the mayor after first submitting a written request-to-speak form with the city clerk. K. COUNCIL DIRECTION TO STAFF This item allows the mayor and city council to direct staff on specifically listed matters. L. SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES 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. City of Apache Junction,Arizona Page 4 Printed on 1111412024 City Council Meeting Agenda November 19,2024 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.& §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 5 Printed on 1111412024 City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No. 1. File ID: 24-817 Sponsor:Yvette McKinney Agenda Date: 11/19/2024 Index: In Control: City Council Meeting Consideration of acceptance of agenda. City of Apache Junction,Arizona Page 1 Printed on 1111412024 City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No.2. File ID: 24-822 Sponsor:Yvette McKinney Agenda Date: 11/19/2024 Index: In Control: City Council Meeting Consideration of approval of minutes of the regular meeting of November 5, 2024. City of Apache Junction,Arizona Page 1 Printed on 1111412024 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, November 5,2024 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 Councilmember Nesser gave the invocation and Councilmember Soller 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 Matt Busby, Assistant City Manager Evie McKinney, Deputy City Clerk Joel Stern, City Attorney Kayla Fulmer, Director of Marketing and Communications Michael Pooley, Police Chief Rudy Esquivias, Development Services Director Patrick Ainsworth, Economic Development Director Angelie Hawley, Finance Director Sidney Urias, Planning Manager Nicholas Leftwich, Planner Erika Hernandez, Associate Planner Rob Wisler& Eli Richardson, Management Analysts D. CONSENT AGENDA Councilmember Cross moved,seconded by Councilmember Nesser to approve the Consent Agenda. Yes: 7- Mayor Wilson, Vice Mayor Schroeder, Councilmember Nesser, Councilmember Heck, Councilmember Johnson, Councilmember Cross and Councilmember Soller City of Apache Junction,Arizona Page 1 City Council Meeting Meeting Minutes November 5.2V24 No: 0 1' Of acceptanceOf agenda. 2. 24-�821i Consideration Of approval Of minutes Of the regular meeting OfOctober 15' 2U24. 3. 24-881 Consideration of approval of Final Plat for Radiance; Parcel 19.28 (8V-22-52). 4' 24-887 C}ODSid8[8tiOO of award of contract to ViaSuO Corporation for the crushing and screening of waste asphalt concrete. The work would be through the PiD8| County cooperative contract No. 175023iD the amount of$331.71S47 plus 1OY6 contingency for unforeseen change orders in the amount Of$33,171.94 for 8 total project COStn[t to exceed $304'#S1.41. Work iS planned within the December 2O24through February 2O25 time frame. 5. 24-8U95 Consideration Of approval Of Resolution No. 24-3O adopting the findings and recommendations of the Concentrated Downtown Master Plan Update. 6' 24-896 Consideration Of approval Of Resolution No. 24-33 authorizing the city tO submit on application for o loan from the Water Infrastructure Finance Authority 0f Arizona and declaring the Cih/'S intentions k} reimburse certain expenditures related to the project from loan proceeds or other source pffinancing. 7. 24-897 Consideration Of approval Of Resolution No. 24-35 authorizing the City Of Apache Junction to enter into on intergovernmental agreement for technology and related services with the City 0fMesa. B' 24-900� Consideration Of approval Of Resolution No. 24-38authorizing the city tO submit on application for o loan from the Greater Arizona Development Authority. E. AWARDS, PRESENTATIONS AND PROCLAMATIONS 9. 24-879� Proclamation designating Saturday, November 3O. 2O24. 8S "Small Business Saturday." Mayor Wilson read the Proclamation designating Saturday, November 30, 2024, as "Small Business Saturday"and presented it to Apache Junction Chamber of Commerce President/CEO Mary Ann Pocyby|aki. 10. Proclamation for"Recognition Of Honorable Service 03 James EdwGndS." Mayor Wilson read the Proclamation for"Recognition of Honorable Service to James Edwards" and presented iibn James Edwards. Apache Junction Chamber of Commerce President/CEO City vr Apache Junction,Arizona Page City Council Meeting Meeting Minutes November 5,2024 Mary Ann Przybylski thanked Mr. Edwards for his 25 years of volunteer service at the Visitor's Center and commended the Council for honoring him. Economic Development Director Patrick Ainsworth also thanked Mr. Edwards for his years of service to the City. 11. 24-886 Proclamation designating November 1, 2024, as "Extra Mile Day." Mayor Wilson read the Proclamation designating November 1, 2024, as"Extra Mile Day." He expressed his appreciation for all the volunteers in the community. F. REGIONAL INTERGOVERNMENTAL UPDATES 12. 24-826 Brief summary of intergovernmental updates from mayor and councilmembers. Mayor Wilson took a helicopter tour of the water canal system in Apache Junction and shared a few photos of the flight. He also toured the local landfill and learned about how their process works and their efforts in saving the environment. Mayor Wilson attended the Grand Opening Celebration for Painted Sky Park on November 2, 2024. He highlighted the catch and release fishing and how large the park is. He also attended the Central Arizona Government meeting where they discussed the 5 year car crash history in Pinal County. He shared statistics for the county and Apache Junction and encouraged all citizens to slow down while driving and to wear seat belts. G. CITY MANAGER'S REPORT 13. 24-831 City Managers Report. City Manager Bryant Powell shared that Code Compliance Officer, Bill Miller was awarded Code Compliance Officer of the year by the American Association of Code Enforcement. He congratulated Bill and commended him on his great work in the community. Mr. Powell also shared the Household Hazardous Waste Day is coming up on November 16, 2024 from 8:00 a.m. to 12:00 p.m. It is located at the Apache Junction Public Works Yard, 575 E. Baseline Ave. He encouraged everyone to come check out the event. 14. 24-836 Announcement of Current Events. Management Analyst Eli Richardson shared the Veterans Day Parade will take place on Monday, November 11, 2024. The opening ceremony is at 9:15 a.m. and the parade begins at 9:30 a.m at Phelps Dr heading west on Apache Trail. There will also be a Veterans tribute immediately following the parade hosted by the Chamber of Commerce. City of Apache Junction,Arizona Page 3 City Council Meeting Meeting Minutes November 5,2024 H. PUBLIC HEARINGS 15. 24-873 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. Councilmember Heck moved,seconded by Councilmember Soller that the application for a Series 6 Bar Liquor License submitted by Jared Michael Repinski for Rusty Buckle Saloon be recommended for approval to the Arizona Department of Liquor Licenses and Control. 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 stated the city received an application for a new Series 6 Bar Liquor License for Rusty Buckle Saloon located at 248 N. Apache Trail, on October 1, 2024, and the Notice of Posting was placed at the establishment on October 7, 2024. The posting requirement has been met with no comments from the public. Correspondence related to inspections of the premises for safety and code compliant matters have been received from the Apache Junction Police Department, Planning and Zoning Department, Building and Safety Division and the Superstition Fire and Medical District. All four entities find compliance with the inspection requirements and recommend approval. Councilmembers inquired about the construction for the tenant improvement and what that entails. Development Services Director Rudy Esquivias responded that it is an interior clean up and he believes there will be no issues once completed. Mayor Wilson opened the Public Hearing, receiving no comments from the public, he closed the public hearing and asked for a motion. 16. 24-874 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. Councilmember Soller moved,seconded by Councilmember Heck that the application for a Series 6 Bar Liquor License submitted by Jared Michael Repinski for Kapt'n D's be recommended for approval to the Arizona Department of Liquor Licenses and Control. 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 stated the city received an application for a new Series 6 Bar Liquor License for Kapt'n D's located at 300 W. Apache Trail#118, on September 23, 2024, and City of Apache Junction,Arizona Page 4 City Council Meeting Meeting Minutes November 5.2V24 the Notice of Posting was placed at the establishment on October 1, 2024. The posting requirement has been met with no comments from the public. Correspondence related to inspections of the premises for safety and code compliant matters have been received from the Apache Junction Police Department, Planning and Zoning Department. Building and Safety Division and the Superstition Fire and Medical District. All four entities find compliance with the inspection requirements and recommend approval. Mayor Wilson opened the public hearing, receiving no comments from the public, he closed the public hearing and asked for amotion. 17. 24-889 PPgSeDtGbUO' diSCuSSiUO' public hearing and C8DSid6[8UUD of Ordinance No. 1558m proposed rezoning of parcel 1O1-O2-O78O. located near the southwest corner Of |nDnvvUOd Dr and Superstition Blvd., from the currently split zoned General Commercial /"13-1^\ and K4adiurn Density Single-Family Detached Residential /^R8'20yW^\to General Connn)enoia| ('13-1^)tU facilitate the construction Of84,213 square foot construction office and o 10.000 square foot warehouse. Councilmember Soller moved,seconded by Vice Mayor Schroeder that Ordinance No. 1558 be read by title only and the reading of the entire ordinance bewaived. Motion passed unanimously. Deputy City Clerk McKinney read Ordinance No. 1558by title only,repealing any conflicting provisions; and providing for oevorabi|ity. Councilmember Soller moved,seconded by Vice Mayor Schroeder that Ordinance No. 1558,as read by the Deputy City Clerk, be approved and adopted. Yes: 7- Mayor Wilson, Vice Mayor Schroeder, Counoi|mombarNeeoor. Counoi|mombor Heok, Counoi|momborJohnoon. Counoi|mombor Cross and Counni|mombor SoUer No: U Planner Erika Hernandez presented e summary for Ordinance No. 1558. The subject property is located near the southwest corner nf|nnnvvnod 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-20K4'')and is proposed to be rezoned General Commercial (''13-1^)to facilitate the construction ofa4.213 square foot construction office and o1O.0OO square foot warehouse. The Planning and Zoning Commission held a public hearing on October 8, 2024. The Commission voted unanimously to recommend approval of the proposed rezoning. Ordinance No. 15SO represents Staffo and the Commission's recommendation. A representative for Emc2 Group Architects, Richard Clutter presented an overview of the project. Councilmember concerns included: if there will be any retail at this location, after hours vehicle traffic, and what changes were made to the updated site plan. City vr Apache Junction,Arizona Page City Council Meeting Meeting Minutes November 5,2024 Ms. Hernandez and Mr. Clutter responded to all concerns. Mayor Wilson opened the Public Hearing, receiving no comments from the public, he closed the public hearing and asked for a motion. 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. Councilmember Cross moved,seconded by Councilmember Johnson that Ordinance No.1554 be read by title only and the reading of the entire ordinance be waived. Motion passed unanimously. Deputy City Clerk McKinney read Ordinance No.1554 by title only, repealing any conflicting provisions; and providing for severability. Councilmember Cross moved,seconded by Councilmember Johnson that Ordinance No.1554,as read by the Deputy City Clerk, be approved and adopted with the following amendment of Option #5. Yes: 6- Mayor Wilson, CouncilmemberNesser, Councilmember Heck, Councilmember Johnson, Councilmember Cross and Councilmember Soller No: 1 - Vice Mayor Schroeder Planner Nicholas Leftwich presented the background and options for Ordinance 1554. 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 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. City of Apache Junction,Arizona Page 6 City Council Meeting Meeting Minutes November 5.2V24 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 o24 month consecutive period u class 1 misdemeanor, with the penalty fee being updated toa criminal fine not to exceed $2.500. "OPTION 3^ proposes no change ho any nf 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 bo exceed $25UO. "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 tn 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: ''(8)Awarning that failure to comply may result in the filing of a civil or criminal misdemeanor case, depending on whether this violation is the 1 st, 2nd, 3rd or 4th violation over a 24-month consecutive period." 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." Draft Ordinance No. 1554, amending Apache Junction City Code, Volume |. Chapter0: Health and Sanitation, Article A'1: Property Maintenance Standards, §0'1'4 (C) Enforcement And Abatement and Draft Ordinance No. 1555. amending Apache Junction City Code, Volume ||. Land Development Code, Chapter 1: Zoning Ordinance, Article 1-16: Administration, § 1-16-16 (D)(G)And (F)(1)Vio|ationu. Penalties And Enforcement have been prepared according to City Council direction. Mayor Wilson opened the public hearing. Andre Meek, 1327 S Belair Rd, Apache Junction, expressed that 24 months is too long for this process. Councilmembers;asked City Attorney Joel Stern for clarification on the time frames of this ordinance. Mr. Stern explained the process. Mayor Wilson closed the public hearing and asked for amotion. City vr Apache Junction,Arizona Page City Council Meeting Meeting Minutes November 5,2024 19. 24-891 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. Councilmember Johnson moved,seconded by Councilmember Nesser that Ordinance No. 1555 be read by title only and the reading of the entire ordinance be waived. Motion passed unanimously. Deputy City Clerk McKinney read Ordinance No. 1555 by title only, repealing any conflicting provisions; and providing for severability. Counclimember Johnson moved,seconded by Councilmember Nesser that Ordinance No. 1555, as read by the Deputy City Clerk, be approved and adopted with the following amendment of Option#5. Yes: 6- Mayor Wilson, CouncilmemberNesser, Councilmernber Heck, Councilmember Johnson, Councilmember Cross and Councilmember Soller No: 1 - Vice Mayor Schroeder Planner Nicholas Leftwich stated Ordinance No. 1555 was presented with Ordinance No. 1554. 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 K. COUNCIL DIRECTION TO STAFF 20. 24-898 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. Councilmember Johnson moved,seconded by Councilmember Soller 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. Yes: 7- Mayor Wilson, Vice Mayor Schroeder, Councilmember Nesser, Councilmember Heck, Councilmember Johnson, Councilmember Cross and Councilmember Soller No: 0 Assistant City Manager Matt Busby informed Council the .2% sales tax continuation was presented to them at the Work Session on October 14, 2024 and they are to advise if they would like to proceed with staff drafting the ordinances. City of Apache Junction,Arizona Page 8 City Council Meeting Meeting Minutes November 5.2V24 L. SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES M. CALL TO PUBLIC Andre K4eak, 1327S. Be|airRd. Apache Junction, complimented the new Painted Sky Park and asked if the sand that gets collected in the City after it rains can be used for the Superstition Mountain Museum parking lot. Catherine Meek, 1327 S. Belair Rd, Apache Junction, shared upcoming events happening at the Superstition Mountain Museum. Gail Evans, 913 S Del Rio Court, Apache Junction, thanked the volunteers for the annual Make a Difference Day that was held on October 5, 2024 and advised that the Apache Junction Community Development Corporation will pick up items for people that cannot get tothe Hazardous Waste Day event. N. ADJOURNMENT Mayor Wilson adjourned the meeting ot8:0gp.m. ACCEPTED THIS DAY 0 . 2024. BY THE MAYOR AND CITY COUNCIL DF THE CITY OFAPACHE JUNCTION, AR)ZONA. SIGNED AND ATTESTED TD THIS DAY OF . 2024. VVALTER''CH|P''VV|LS{}N Mayor ATTEST: JENN|FERPENA City Clerk City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No. 3. File ID: 24-909 Sponsor:Ted Wolff Agenda Date: 11/19/2024 Index: In Control: City Council Meeting Consideration of approval of procurement of a city fleet vehicle and equipment in the current budget year for the Public Works Facilities Maintenance Division for use by newly added Facilities Maintenance Technician. Purchase would be made through San Tan Ford utilizing Arizona State Cooperative contract#CTR059323 in an amount not to exceed $61,867.11. City of Apache Junction,Arizona Page 1 Printed on 1111412024 Public Works Department 0 Home of the Superstition Mountains 40 IZO MEMORANDUM DATE: November 18, 2024 TO: Mayor and Members of City Council THROUGH: Bryant Powell, City Manager FROM: Ted Wolff, Public Works Director SUBJECT: Proposed Purchase of General Funds The Public Works Department budgeted $61,867.11 for an additional vehicle for our Facilities Maintenance at Public Works. The purchase of the vehicle includes all equipment using general funds in the city's Fiscal Year 2024/2025 budget. New Additions: 1- 2024 Ford F-250 The purchase of these vehicle would be through the State of Arizona Cooperative Contract# CTR059323 with San Tan Ford. 575 E. Baseline Avenue, Apache Junction, AZ 85119 # Voice(480) 982-1055 * FAX (480) 983-5752 WEAIREPI— Government Fleet Account Manager !3AJWJoe Sanchez (480)621-3741 II Department Fax (480) 621-3796 Date: October 29,2024 Customer: City of Apache Junction Line Item/State Contract#: F2A/CTR059323 Phase 2 Vehicle Description: 2024 F250 ReE�� with 6.81-V8 Gas Engine Base Bid Price $49,525.00 U Sgrade Options 1 8%MSRP Phase 2 Discount (3,962�00) 2 Pickup Bed Delete Included in Price 3 Spare Tire/Wheel Included in Price 4 Upfitter Switches Included in Price 5 XL Chrome Package Included in Price 6 Window Tint Included in Price 7 4 Keys with 2 FOBS Included in Price 8 8' Royal Service Body w/Ladder Rack 11,448.00 9 Weather Tech Floor Mats 375�00 10 11 12 13 14 15 16 17 18 19 20 $7,861.00 Bid Price(with options) $57,386.00 Tire Tax 5�00 Sales Tax(7,80%) 4,476.11 Ford Extended Service Plan Transportation Fee Total Delivered Price $61,867.11 Notes: Thank You, Joe City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No.4. File ID: 24-929 Sponsor:Yvette McKinney Agenda Date: 11/19/2024 Index: In Control: City Council Meeting Proclamation for"Commitment to Volunteerism in Apache Junction." City of Apache Junction,Arizona Page 1 Printed on 1111412024 vrotlamattFon COMMITMENT TO VOLUNTEERISM IN APACHE JUNCTION WHEREAS,, the City of Apache Junction firmly believes that the values of compassion, empathy, and community support are the foundation of a united and harmonious society; and WHEREAS,, the strength and prosperity of our cities, towns, and villages are based in the selflessness of its residents to serve and uplift one another; and WHEREAS, we acknowledge the profound impact that can be achieved when we extend a helping hand to our neighbors, especially those of diverse backgrounds; and WHEREAS, we nurture a culture of giving within our cities, emphasizing that volunteerism is not just a duty but a source of personal fulfillment and community strength-, and WHEREAS, we urge all citizens to care for one another, volunteer, and engage in acts of service and kindness that contribute to our city's betterment and its inhabitants'well-being, regardless of background or belief. NOW,THEREFORE,1, Walter"Chip�' Wilson, Mayor of the City of Apache Junction, Arizona, do hereby proclaim the City of Apache Junction's, COMMITMENT TO VOLUNTEERISM AND SERVICE Signed and attested to this day of Novernber 2024, _0W W a 41t e C—hi p g"W:�il'so_n Mayor ATTEST: A r &nnile�_rr�Pen4 City Clerk City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No. 5. File ID: 24-827 Sponsor: Chip Wilson Agenda Date: 11/19/2024 Index: In Control: City Council Meeting Brief summary of intergovernmental updates from mayor and councilmembers. City of Apache Junction,Arizona Page 1 Printed on 1111412024 City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No.6. File ID: 24-832 Sponsor: Bryant Powell Agenda Date: 11/19/2024 Index: In Control: City Council Meeting City Manager's Report. City of Apache Junction,Arizona Page 1 Printed on 1111412024 City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No.7. File ID: 24-937 Sponsor: Bryant Powell Agenda Date: 11/19/2024 Index: In Control: City Council Meeting Staff Update from Marketing/Communications Director, Kayla Fulmer. City of Apache Junction,Arizona Page 1 Printed on 1111412024 City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No.8. File ID: 24-837 Sponsor: Eli Richardson Agenda Date: 11/19/2024 Index: In Control: City Council Meeting Announcement of Current Events. City of Apache Junction,Arizona Page 1 Printed on 1111412024 City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No.9. File ID: 24-913 Sponsor: Nicholas Leftwich Agenda Date: 11/19/2024 Index: In Control: City Council Meeting Presentation, discussion, public hearing and consideration of Ordinance No.1556, of Case P-24-83-AM, a proposed text amendment of the Apache Junction Zoning Ordinance, Section 1-6-19: Accessory Dwelling Units to modify the accessory dwelling unit zoning requirements to comply with Arizona House Bill 2720. City of Apache Junction,Arizona Page 1 Printed on 1111412024 ORDINANCE NO. 1556 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, ARTICLE 1-6: SUPPLEMENTAL REGULATIONS BY AMENDING IN ITS ENTIRETY § 1-6-19: ACCESSORY DWELLING UNITS; REPEALING ANY CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR PENALTIES . WHEREAS, the Arizona State House of Representatives approved House Bill 2720, requiring Arizona municipalities to amend their zoning regulations relating to accessory dwelling units; and WHEREAS, the planning and zoning commission also recommended to the city council on October 8, 2024, in a vote of 5 : 1, to approve a zoning amendment to comply with the state law; and WHEREAS, pursuant to A.R. S . § 9-462 . 01 (J) , 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 . Being a mandate by the state legislature, the council finds this enactment has no such impact. 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 . Existing Apache Junction City Code, Volume II, Land Development Code, Chapter 1 : Zoning Ordinance, Article 1-6 : Supplemental Regulations, § 1-6-19 Accessory Dwelling Units, is amended in its entirety as follows : § 1-6-19 ACCESSORY DWELLING UNITS (A) An accessory dwelling unit is an attached or detached residential dwelling unit that may provide complete independent living facilities for 1 or more persons, and which may include provisions for living, sleeping, eating, cooking, and sanitation on the same parcel where the primary single-family dwelling is situated. An accessory dwelling unit may also be known as a secondary dwelling unit, granny flat, property caretaker ' s dwelling or guest house. Accessory dwelling units should not be confused with "accessory structures", which are defined and regulated differently in Apache Junction City Code, Vol . II, § 1-6-5 . ORDINANCE NO. 1556 PAGE 1 OF 4 (B) Accessory dwelling units shall comply with the following regulations . (1) Permit required. An administrative use permit ("AUP") shall be required prior to construction and use of an accessory dwelling unit. (2) Number allowed. One accessory dwelling unit is permitted on a residential lot in all single-family detached residential zoning districts . This limitation does not include a personal caretaker' s unit, which is separately described and regulated in Apache Junction City Code, Vol . II, § 1-6-20 . (3) Design. (a) Accessory dwelling units may be detached, attached, or directly accessible from the primary dwelling unit. An accessory dwelling unit shall be constructed as a conventional (i .e . , site-built) structure . it is recommended that the design of the building complements or improves upon the main building' s design. (b) Property caretakers, however, working as ranch hands for approved commercial horse boarding facilities may use a motor home, travel trailer or 5th wheel RV unit for their accommodation. See Apache Junction City Code, Vol . II, § 1-6-7 (D) (7) . (4) Setbacks. Accessory dwelling units shall comply with the main building' s front setback requirements and shall have a minimum setback of 5 feet on the rear and sides . (5) Size. An accessory dwelling unit shall not be larger than 75% of the main building' s square footage or 1, 000 square feet, whichever is less . (6) Height. The maximum height of an accessory dwelling unit shall comply with the main building' s maximum height restrictions . (7) Kitchen allowed. An accessory dwelling unit shall be permitted to have a kitchen. (8) Rentals allowed. An accessory dwelling unit is permitted to be operated as a separate long-term rental housing unit . Per A.R. S . § 9-461 . 18, "long-term rental" means rental use in which the tenant holds a lease of ninety days or longer or on a month-by-month basis . ORDINANCE NO. 1556 PAGE 2 OF 4 (9) Addressing and utilities. An accessory dwelling unit may be permitted to have a separate address unit identifier, utility services/meters, and sewer/septic systems from the main dwelling unit. (10) Driveway access. The main dwelling unit and the accessory dwelling unit shall both use the same driveway for access . (11) Conditional use permi t modification option. Modifications to the maximum size and height of an accessory dwelling unit may be allowed by approval of a CUP in accordance with Apache Junction City Code, Vol . II, § 1-16-12 (D) (4) . SECTION II REPEALING ANY CONFLICTING PROVISIONS All ordinances and parts of ordinances in conflict with the provisions of this ordinance or any part of the codes adopted herein by reference are hereby repealed. SECTION III PROVIDING FOR SEVERABILITY If any section, subsection, sentence, phrase, clause or portion of this ordinance or any part of the codes or regulations adopted herein by reference is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions thereof. SECTION IV PROVIDING FOR PENALTIES Unless noted otherwise, any violation of any provisions adopted herein, shall be punishable as a class 1 misdemeanor consistent with Apache Junction City Code, Volume II, Chapter 1 : Zoning Ordinance, Article 1-16 : Administration, § 1-16-16 Violations, Penalties and Enforcement. APPROVED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION THIS DAY OF f 2024 . SIGNED AND ATTESTED TO THIS DAY OF 2024 . WALTER *"'CHIP" WILSON Mayor ORDINANCE NO. 1556 PAGE 3 OF 4 ATTEST: JENNIFER PENA City Clerk APPROVED AS TO FORM: RICHARD J. STERN City Attorney ORDINANCE NO. 1556 PAGE 4 OF 4 City ofApache Junction Development Services Department CITY COUNCIL STAFF MEMO Date: 11/4/2024 To: Honorable Mayor and City Council Members Through: Bryant Powell, City Manager Rudy Esquivias, Development Services Director Sidney Urias, Planning Manager From: Addison Kaufman, Planning intern Subject: Case P-24-83-AM Text Amendment to City Code Vol . II, Land Development Code, Chapter 1 : Zoning Ordinance, Article 1-6 : Supplemental Regulations, § 1-6-19 Accessory Dwelling Units . Backgro nd House Bill 2720 requires Arizona municipalities to modify Accessory Dwelling Unit ("ADU") regulations to comply with state law by January 1, 2025 . The bill sets restrictions on how ADU' s can be regulated in Arizona. HB2720 modifies the following: — Municipalities can no longer prohibit the use or advertisement of long-term ADU rentals . — Municipalities can no longer require a pre-existing relationship between an owner and occupant. — Muncipalities can no longer require the design/finish of ADU to match main structure . — Prohibits municipalities from implementing regulations for ADU' s that are stricter than SFR zoning. — Side and Rear setbacks cannot exceed 5 feet. On October 8, 2024, the drafted text was presented to the Planning and Zoning Commission. The Commission voted five (5) to one (1) to recommend approval for the proposed text amendment to the Apache Junction City Council . Staff proposes to amend Article 1-6 : Supplemental Regulations, § 1-6-19 Accessory Dwelling Units with the text provided in Exhibit 1 "Amendment to the Apache Junction City Code, Volume II, Land Text Amendment to § 1-6-19 Accessory Dwelling Units, Case P-24-83-AM November 4, 2024, city Council Work Session Staff Memo 1 City ofApache Junction Development Services Department Development Code, Chapter 1 : Zoning Ordinance, Article 1-6 : § 1-6-19 Accessory Dwelling Units . The affected portions are identified in the redlined version of this document, provided as Exhibit 2 "Amendment REDLINE to Apache Junction City Code, Volume II, Land Development Code, Chapter 1 : Zoning Ordinance, Article 1-6 : § 1-6-19 Accessory Dwelling Units . Prepared by: Addison Kaufman Planning Intern Attachments : - Exhibit 1 : Draft Amendment to the Apache Junction City Code, Volume II, Land Development Code, Chapter 1 : Zoning Ordinance, Article 1-6 : Supplemental Regulations, § 1-6-19 Accessory Dwelling Units - Exhibit 2 : Draft Amendment REDLINE to Apache Junction City Code, Volume II, Land Development Code, Chapter 1 : Zoning Ordinance, Article 1-6 : Supplemental Regulations, § 1-6-19 Accessory Dwelling Units - Exhibit 3 : P-24-83-AM Planning and Zoning Commission Staff Report, dated October 8, 2024 Text Amendment to § 1-6-19 Accessory Dwelling Units, Case P-24-83-AM November 4, 2024, city Council Work Session Staff Memo § 1-6-19 ACCESSORY DWELLING UNITS. (A) Purpose and definition.An accessory dwelling unit is an attached or detached residential dwelling unit that may provide complete independent living facilities for 1 or more persons, and which may include provisions for living, sleeping, eating, cooking, and sanitation on the same parcel where the primary single-family dwelling is situated.An accessory dwelling unit may also be known as a secondary dwelling unit, granny flat, property caretaker's dwelling or guest house.Accessory dwelling units should not be confused with "accessory structures",which are defined and regulated differently in Vol. 11, § 1-6-5. (B) Accessory dwelling units shall comply with the following regulations. (1) Permit required An administrative use permit ("AUP") shall be required prior to construction and use of an accessory dwelling unit. (2) Number allowed. One accessory dwelling unit is permitted on a residential lot in all single-family detached residential zoning districts. This limitation does not include a personal caretaker's unit,which is separately described and regulated in Vol. II, § 1-6-20. (3) Design. (a) Accessory dwelling units may be detached, attached, or directly accessible from the primary dwelling unit.An accessory dwelling unit shall be constructed as a conventional (i.e., site-built) structure. It is recommended that the design of the building compliments or improves upon the main building's design. (b) Property caretakers, however,working as ranch hands for approved commercial horse boarding facilities may use a motor home,travel trailer or Sth wheel RV unit for their accommodation. See Vol. 11, § 1-6-7(D)(7). (4) Setbacks. Accessory Buildings shall comply with the main building's front setback requirements and shall have a minimum setback of 5 feet on the rear and sides. (5) Size.An accessory dwelling unit shall not be larger than 75% of the main building's square footage or 1,000 square feet,whichever is less. (6) Height.The maximum height of an accessory dwelling unit shall comply with the main building's maximum height requirements. (7) Kitchen allowed.An accessory dwelling unit shall be permitted to have a kitchen. (8) Rentals allowed.An accessory dwelling unit is permitted to be operated as a separate long-term rental housing unit. Per A.R.S. § 9-461.18, "long-term rental" means rental use in which the tenant holds a lease of ninety days or longer or on a month-by- month basis. (9) Addressing and utilities. An accessory dwelling unit may be permitted to have a separate address unit identifier, utility services/meters, and sewer/septic systems from the main dwelling unit. (10) Driveway access. The main dwelling unit and the accessory dwelling unit shall both use the same driveway for access. (11) Conditional use permit modification option. Modifications to the maximum size and height of an accessory dwelling unit may be allowed by approval of a CUP in accordance with Vol. 11, § 1-16-12(D)(4). REDLINE OF THE AMENDMENT TO APACHE JUNCTION CITY CODE, VOLUME 11, LAND DEVELOPMENT CODE CHAPTER 1: ZONING ORDINANCE, § 1-6-19 ACCESSORY DWELLING UNITS § 1-6-19 ACCESSORY DWELLING UNITS. (A) Purpose and definition.An accessory dwelling unit is an attached or detached residential dwelling unit that may provide complete independent living facilities for 1 or more persons, and which may include provisions for living, sleeping, eating, cooking, and sanitation on the same parcel where the primary single-family dwelling is situated.An accessory dwelling unit may also be known as a secondary dwelling unit, granny flat, property caretaker's dwelling or guest house.Accessory dwelling units should not be confused with "accessory structures",which are defined and regulated differently in Vol. 11, § 1-6-5. (B) Accessory dwelling units shall comply with the following regulations. (1) Permit required.An administrative use permit ("AUP") shall be required prior to construction and use of an accessory dwelling unit. (2) Number allowed. One accessory dwelling unit is permitted on a residential lot in all single-family detached residential zoning districts. This limitation does not include a personal caretaker's unit,which is separately described and regulated in Vol. II, § 1-6-20. (3) Design. (a) Accessory dwelling units may be detached, attached, or directly accessible from the primary dwelling unit.An accessory dwelling unit shall be constructed as a conventional (i.e., site-built) structure b-y-�PA4-ecRw-Ew-&-,4g-ReP. It is recommended that the design of the building compliments or improves upon the main buildings design. (b) Property caretakers, however,working as ranch hands for approved commercial horse boarding facilities may use a motor home,travel trailer or Sth wheel RV unit for their accommodation. See Vol. 11, § 1-6-7(D)(7). (4) Setbacks. between-the-+nam43u+Wmg zmd.the-fro*t-r�� of:�.An accessory dwelling unit shall comply with the main building's front setback requirements and shall have a minimum setback of 5 feet on the rear and the sides. 9mr+K)4a-t&-f an+4�-,44-_ guests-,-pei,-,s�-�wetak*_-r e F; ,(-61 (5) Size.An accessory dwelling unit shall not be larger than 544%75% of the main building's square footage or 1,000 square feet,whichever is less. f7-4 (6) Height.The maximum height of an accessory dwelling unit shall not-exceed-2-5 feet-. comply with the main building's maximum height requirements. 04 (7) Kitchen allowed.An accessory dwelling unit shall be permitted to have a kitchen. t94 (8) No-fe+Aal-s Rentals allowed.An accessory dwelling unit s4a4-no-t4w-operated-a6-a sepa-Fate-r-ental--u�t,4-th-e�-ati-re-ff c-,T,e the-9wneLF-o-r-4e&,see-!heFe4 .-MI F s ot--F,*bli-t-th-E�-accessety-dw-L-144ng-unk is permitted to be operated as a separate rental unit for long term housing. f44)4 (9) Addressing and utilities.An accessory dwelling unit�S-4w- 1 may be permitted to have a separate address unit identifier,eF-separ-&�, utility services/meters, c�r-and sewer/septic system from the main dwelling unit (unk—,s-awi add4b.Gnal-septie4a+i -44ow I- V )ep it -edrby-th-L-4-4na C4)unty44eal 14 a-FO�ne+ 1. t14-)- (10) Driveway access.The main dwelling unit and the accessory dwelling unit shall both use the same driveway for access. f42 � 4 (11) Conditional use permit modification option. Modifications to the maximum size and height of an accessory dwelling unit may be allowed by approval of a CUP in City ofApache Junction Development Services Department AV, PLANNING AND ZONING COMMISSION PUBLIC HEARING STAFF REPORT DATE: October 8, 2024 TO: Planning and Zoning Commission THROUGH: Rudy Esquivias, Development Services Director Sidney Urias, Planning Manager FROM: Addison Kaufman, Planning Intern CASE NUMBER: P-24-83-AM REQUEST: Text Amendment to Article 1-6-19 : Accessory Dwelling Units BACKGROUND Due to the recent changes to the Arizona Revised Statues through House Bill 2720, Arizona municipalities will be required revise their zoning codes to comply with Arizona House Bill 2720 regarding Accessory Dwelling Unit regulations . Arizona municipalities are required to adopt, by ordinance, the statutory regulations by January 1, 2025 . Planning and Zoning Staff has drafted a text amendment to the Apache Junction City Code, Volume II, Land Development Code, Chapter 1 : Zoning Ordinance, Article 1-6-19 : Accessory Dwelling Units . PROPOSAL The draft amendment is being presented to the Planning and Zoning Commission for their recommendation to the City Council . The proposed text amendment is Case P-24-83-AM, requesting to amend Apache Junction City Code, Volume II, Land Development Code, Chapter 1 : Zoning Ordinance, Article 1-6-19; Accessory Dwelling Units . The text amendment will modify the text so that it is compliant with state law. To comply with HB2720, the advertisement of long-term rental units of Accessory Dwelling Units cannot be prohibited. A pre-existing relationship between the owner and occupant can not be required, An Accessory Dwelling Unit' s design Text Amendment to Articlel-6-19:Accessory Dwelling Units,Case P-24-83-AM October 8,2024,Planning and Zoning Commission Staff Report requirements can no longer be regulated but will be treated as a recommendation. Side and rear setbacks for Accessory Dwelling Units can' t exceed 5 feet. Lastly, Accessory Dwelling Units can' t be regulated more strictly than Single Family Homes in the same zoning district. PLANNING DIVISION RECOMMENDATION Planning staff recommends approval of the proposed text amendment, and offers the following recommended motion to update the Apache Junction City Code, Volume II, Land Development Code, Chapter 1 : Zoning Ordinance, Article 1-6-19 Accessory Dwelling Units RECOMMENDED MOTION I move that the Planning and Zoning Commission recommend to the Apache Junction City Council the approval of text amendment case P-24-83-AM, an amendment to the Apache Junction City Code, Volume II, Land Development Code, Chapter 1 : Zoning Ordinance, Article 1- 6-19 : Accessory Dwelling Units described in the attached text exhibits dated October 8, 2024 . AMISOV1 KAVfMAM Prepared by Addison Kaufman Planning Intern Attachments: Exhibit #1 - P-24-83-AM: Draft Amendment to Apache Junction City Code, Volume II, Land Development Code, Chapter 1: Zoning Ordinance, Article 1-6-19: Accessory Dwelling Units Text Amendment to Articlel-6-19:Accessory Dwelling Units,Case P-24-83-AM October 8,2024,Planning and Zoning Commission Staff Report P-24-83-AM Text Amendment to Article § 1-6-19 Accessory Dwelling Units per House Bill 2720 City of Apache Junction City Council Work Session November 19, 2024 B a c!ki&ir o u n d House B*111 2720 Arizona HB2720 passed May 21, 2024, (Arizona's response to the growing demand for ADU 's ) The bill places restrictions on how municipalities can regulate ADU "s 1-6- 19 AccessorV Dwelling Units must be amended by January 1, 2025, to comply with state law October 8 a ,? 20249 Planning and Zoning Public Hearing : voted 5 to 1 one being absent) November 4 2024 * City Council Work Session M *f' cat ' odi i ions House Bill 2720 0 Can no longer prohibit the use or advertisement of long-term ADU rental 0 Can no longer require a pre-existing relationship between an owner and occupant 0 Can no longer require the design/finish of ADU to match main structure 0 Prohibits implementing regulations for ADUs that are stricter than SFR zoning 0 Side and Rear setbacks cannot exceed 5 feet WIN Changes to our code Current . (A) Purpose and definition Accessory dwelling units may be detached, attached, or directly accessible from the primary dwelling unit. An accessory dwelling unit shall be constructed as a 0 conventional ( i . e ., site- built) structure I M+PfOVIEIS RMosed . (A) Purpose and definition Accessory dwelling units may be detached, attached, or directly accessible from the primary dwelling unit. An accessory dwelling unit shall be constructed as a conventional ( i . e ., site- built) structure . Itis recommended that the design of the building compliments and is consistent with or improves upon the main buildings ciesign and building materials , 11 L Changes to our code Current. Prgp psed . Remove (5 ) Per HB2720 We cannot require preexisting relationships a Current. Height. The maximum height shall not-e*e-e��L Pr2p gsed Height. The maximum height shall comply with the main building's maximum neight A 1, 11: Ild Changes to our code Current. N-e rentals allowed . An accessory dwelling unit shall Prggpsed , Rentals allowed . An accessory dwelling unit shall be permitted to be operated as a separate rental unit for long-term housing. Changes to our code Currents I Size . An accessory dwelling unit shall not be larger than -540/e--of the main building's square footage Prgp d ..gsea ,. Size . An accessory dwelling unit shall not be larger than 75% of the main building's square footage or 1,000 square feet, whichever 'is less . Changes to our code Currents I Addressing. An accessory dwelling unit �� permitted to have a separate address utility services/meters, c+ sewer/septic system from the main dwelling unit ( unless an additional septic tank is allowed by the Pinal County Health Department) . Prgp do gsea . Addressing and utilities . An accessory dwelling unit may be permitted to have a separate ale . address unitidentifier, utinty services/meters, and sewer/septic system from the main dwelling u n it. 5 nAl M Recommendat 'ion Staff and the Planning and Zoning Commission recommend the approval of text amendment case P-24-83-AM, an amendment to the Apache Junction City Code, Volume 11 , Land. Development Code, Chapter 1 : Zoning Ordinance, Article 1-6 : Supplemental Regulations, Section 1-6- 19 AccessorV Dwelling Units.. Questions? City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No. 10. File ID: 24-914 Sponsor:Theint Ko Agenda Date: 11/19/2024 Index: In Control: City Council Meeting Presentation, discussion, public hearing and consideration of Ordinance No.1557, of Case P-24-84-AM, a proposed text amendment of the Apache Junction Zoning Ordinance, Article 1-16: Administration to modify the ordinance to comply with Arizona Senate Bill 1162. City of Apache Junction,Arizona Page 1 Printed on 1111412024 ORDINANCE NO. 1557 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, ARTICLE 1-16: ADMINISTRATION, BY AMENDING THE TABLE OF SECTIONS, § 1-16-6 (J) PROTESTS AGAINST ZONING MAP AMENDMENT, AND ADDING NEW § 1-16-17 APPLICATION REVIEW TIMELINE; REPEALING ANY CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR PENALTIES. WHEREAS, the Arizona State Legislature approved Senate Bill 1162, requiring municipalities to amend their zoning ordinances to create a zoning application review timeline and exclude government-owned properties from the affected zoning area when calculating zoning protest petitions; and WHEREAS, the planning and zoning commission recommended to the city council on October 8, 2024, in a vote of 6: 0, to approve a zoning code amendment to comply with the new state law; and WHEREAS, pursuant to A.R. S . § 9-462 . 01 (J) , 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 . Being a mandate by the state legislature, the council finds this enactment has no such impact. 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 . The Table of Sections under Article 1-16 : Administration, Apache Junction City Code, Volume II, Land Development Code, is amended as follows : ARTICLE 1-16 : ADMINISTRATION Section 1-16-1 Development Services Department and Zoning Administrator 1-16-2 Planning and Zoning Commission 1-16-3 City Council 1-16-4 Board of Adjustment and Appeals 1-16-5 Appeal and variance procedures 1-16-6 Amendments to Zoning Code or Zoning Map ORDINANCE NO. 1557 PAGE 1 OF 4 1-16-7 Public hearings, notice and citizen review processes 1-16-8 Preliminary development review processes (PDR) 1-16-9 Site plan review and approval process 1-16-10 Annexation process 1-16-11 Amendments to the General Plan 1-16-12 Conditional use permits, administrative use permits and building permits 1-16-13 Development agreements 1-16-14 Administrative relief exceptions 1-16-15 Fees 1-16-16 Violations, penalties and enforcement 1-16-17 Application Review Timeline 2 . Existing Apache Junction City Code, Volume II, Land Development Code, Chapter 1 : Zoning Ordinance, Article 1-16 : Administration, § 1-16-6 (J) Protests Against Zoning Map Amendment, is amended as follows : § 1-16-6 AMENDMENTS TO ZONING CODE OR ZONING MAP (J) Protests against Zoning Map amendment. (1) If the owners of 20% or more either of the area of the lots included in a proposed Zoning Map amendment, or of those immediately adjacent in the rear or any side thereof extending 150 feet therefrom, or of those directly opposite thereto extending 150 feet from the street frontage of the opposite lots, excluding government-owned properties, file a protest in writing against a proposed amendment, it shall not become effective except by the favorable vote of 3/4 of all members of the council . If any members of the council are unable to vote on such a question because of a conflict of interest, the required number of votes for passage of the question shall be 3/4 of the remaining membership of the council, provided that such required number of votes shall in no event be less than a majority of the full membership of the legally established council . 3 . Existing Apache Junction City Code, Volume II, Land Development Code, Chapter 1 : Zoning Ordinance, Article 1-16 : Administration, is amended by adding new § 1-16-17 Application Review Timeline, as follows : ORDINANCE NO. 1557 PAGE 2 OF 4 § 1-16-17 APPLICATION REVIEW TIMELINE (A) The Review Timeline does not apply to planned area developments . (B) The city shall issue an applicant a written or electronic notice of administrative completeness or deficiencies within 30 calendar days . (C) If the city fails to issue the notice within 30 calendar days, the application shall be considered administratively complete . (D) Resubmittals will be determined for administrative completeness within 15 calendar days after receiving the requested documents . (E) When the application is administratively complete, the city shall approve or deny it within 180 calendar days . (F) Extension. The city may allow an extension beyond 180 calendar days for the following reasons : 1 . The city may have a one-time extension of no more than 30 calendar days for extenuating circumstances . 2 . If the applicant requests an extension, the city may grant extensions in 30 calendar day intervals . SECTION II REPEALING ANY CONFLICTING PROVISIONS All ordinances and parts of ordinances in conflict with the provisions of this ordinance or any part of the codes adopted herein by reference are hereby repealed. SECTION III PROVIDING FOR SEVERABILITY If any section, subsection, sentence, phrase, clause or portion of this ordinance or any part of the codes or regulations adopted herein by reference is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions thereof. SECTION IV PROVIDING FOR PENALTIES Unless noted otherwise, any violation of any provisions adopted herein, shall be punishable as a class 1 misdemeanor consistent with Apache Junction City Code, Volume II, Chapter 1 : Zoning Ordinance, Article 1-16 : Administration, § 1-16-16 Violations, Penalties and Enforcement. ORDINANCE NO. 1557 PAGE 3 OF 4 APPROVED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION THIS DAY OF 2024 . SIGNED AND ATTESTED TO THIS DAY OF 2024 . WALTER "CHIP" WILSON Mayor ATTEST: JENNIFER PENA City Clerk APPROVED AS TO FORM: RICHARD J. STERN City Attorney ORDINANCE NO. 1557 PAGE 4 OF 4 City ofApache Junction Development Services Department CITY COUNCIL WORK SESSION STAFF MEMO DATE: November 4, 2024 TO: Honorable Mayor and City Council Members THROUGH: Bryant Powell, City Manager Rudy Esquivias, Development Services Director Sidney Urias, Planning Manager FROM: Theint Thandar Ko, Planning Intern CASE NUMBER: P-24-84-AM SUBJECT: Ordinance No. 1557 Text Amendment to the Apache Junction City Code, Volume II, Land Development Code, Chapter 1 : Zoning Ordinance, Article 1-16 : Administration. SUMMARY On April 23, 2024, Senate Bill 1162 passed, requiring all Arizona municipalities to revise the citizen review process and review timelines for rezonings in their Zoning Ordinance . However, the requirements for rezonings do not apply to planned developments or other zoning entitlements . To comply with the law, all municipalities must adopt these changes by January 1, 2025 . The changes to be made are the following: (1) When filing a written protest for zoning map amendments, government-owned properties are excluded from the 20% calculation of property owners within 150 feet . For example, if there were 10 properties in a proposed rezoning area and three of them were owned by government entities, the 20% calculation will be based upon the remaining seven properties owned by private individuals . (2) To add a review timeline for rezoning cases ("Shot Clock"' requirement) Therefore, staff has drafted a text amendment to the Apache Junction City Code, Volume II, Land Development Code, Chapter 1 : Text Amendment to Article 1-16: Administration, Case P-24-84-AM November 4, 2024, City Council Work Session Staff Memo City ofApache Junction Development Services Department Zoning Ordinance, Article 1-16 : Administration to satisfy the City' s conformance with Senate Bill 1162 . Planning and Zoning Commission Meeting Summary On October 8, 2024, a drafted text was presented to the Commission. The Commission voted unanimously (6-0) to recommend approval for the proposed text amendment to the Apache Junction City Council . -Neiot-NAodAr Ko Prepared by Theint Thandar Ko Planning Intern Attachments: - Exhibit 1 : Amendment to the Apache Junction City Code, Volume II, Land Development Code, Chapter 1 : Zoning Ordinance, Article 1-16: Administration - Exhibit 2 : P-24-84-AM Planning and Zoning Commission Staff Report Text Amendment to Article 1-16: Administration, Case P-24-84-AM November 4, 2024, City Council Work Session Staff Memo ARTICLE 1-16: ADMINISTRATION Section 1-16-1 Development Services Department and Zoning Administrator 1-16-2 Planning and Zoning Commission 1-16-3 City Council 1-16-4 Board of Adjustment and Appeals 1-16-5 Appeal and variance procedures 1-16-6 Amendments to Zoning Code or Zoning Map 1-16-7 Public hearings, notice and citizen review processes 1-16-8 Preliminary development review(PDR) processes 1-16-9 Site plan review and approval process 1-16-10 Annexation process 1-16-11 Amendments to the General Plan 1-16-12 Conditional use permits, administrative use permits and building permits 1-16-13 Development agreements 1-16-14 Administrative relief exceptions 1-16-15 Fees 1-16-16 Violations, penalties and enforcement 1-1.6-1.7 Application Review Thneline § 1-16-6 AMENDMENTS TO ZONING CODE OR ZONING MAP. (J) Protests against Zoning Map amendment. (1) If the owners of 20% or more either of the area of the lots included in a proposed Zoning Map amendment, or of those immediately adjacent in the rear or any side thereof extending 150 feet therefrom, or of those directly opposite thereto extending 150 feet from the street frontage of the opposite lots, excluding government-owned properties, file a protest in writing against a proposed amendment, it shall not become effective except by the favorable vote of 3/4 of all members of the Council. If any members of the Council are unable to vote on such a question because of a conflict of interest, the required number of votes for passage of the question shall be 3/4 of the remaining membership of the Council, provided that such required number of votes shall in no event be less than a majority of the full membership of the legally established Council. § 1-16-17 APPLICATION REVIEW TIMELINE (A) Applicability: The Review Timeline does not apply to planned area developments (B) Administrative completeness review. The City will issue an applicant a written or electronic notice of administrative completeness or deficiencies within 30 days. A.R.S. § 9- 835 (D)& (E) (C) If the City fails to issue the notice within 30 days, the application shall be considered administratively complete. (D) The application will be determined for administrative completeness within 15 days after receiving the requested documents.A.R.S. § 9-462. 10. (A). (E) When the application is administratively complete, the City shall approve or deny it within 180 days.A.S.R. § 9-462-10 (B). (F) Extension. The City may allow an extension beyond 180 days for the following reasons: 1. The City may have a one-time extension of no more than 30 days for extenuating circumstances. 2. If an applicant requests an extension,the City may grant a 3 0-day extension. City ofApache Junction Development Services Department AV, PLANNING AND ZONING COMMISSION PUBLIC HEARING STAFF REPORT DATE: October 8, 2024 TO: Planning and Zoning Commission THROUGH: Rudy Esquivias, Development Services Director Sidney Urias, Planning Manager FROM: Theint Thandar Ko, Planning Intern CASE NUMBER: P-24-84-AM REQUEST: Text Amendment to Article 1-16 : Administration BACKGROUND On April 23, 2024, Senate Bill 1162 passed, requiring all Arizona municipalities to revise the citizen review process and review timelines for rezonings in their Zoning Ordinance . However, the requirements for rezonings do not apply to planned developments or other zoning entitlements . To comply with the law, all municipalities must adopt these changes by January 1, 2025 . Therefore, staff has drafted a text amendment to the Apache Junction City Code, Volume II, Land Development Code, Chapter 1 : Zoning Ordinance, Article 1-16 : Administration to satisfy the City' s conformance with Senate Bill 1162 . PROPOSAL The proposed amendment modifies the Apache Junction City Code, Volume II, Land Development Code, Chapter 1 : Zoning Ordinance, Article 1-16 : Administration. There will be two changes to the code : 1 . Revising the existing zoning ordinance : Adding the phrase "excluding government-owned property" to subsection (J) of § 1-16-6 Amendments to Zoning Code or Zoning Map. The change is intended to specify that Text Amendment to Article 1-16: Administration, Case P-24-84-AM October 8, 2024, Planning and Zoning Commission Staff Report government-owned properties will not be included in the calculation of 20% property owner requirement when filing protests against Zoning Map Amendments . For example, if there were 10 properties in a proposed rezoning area and three of them were owned by government entities, the 20% calculation will be based upon the remaining seven properties owned by private individuals . 2 . Adding a new section: A new section named § 1-16-17 Application Review Timeline will be added. This is because the bill requires every municipality in the State of Arizona to establish or amend their zoning code regarding the rezoning application review timelines . PLANNING DIVISION RECOMMENDATION Planning staff recommends approval of the proposed text amendment and offers the following recommended motion to update the Apache Junction City Code, Volume II, Land Development Code, Chapter 1 : Zoning Ordinance, Article 1-16 : Administration. RECOMMENDED MOTION I move that the Planning and Zoning Commission recommend to the Apache Junction City Council the approval of text amendment case P-24-84-AM, an amendment to the Apache Junction City Code, Volume II, Land Development Code, Chapter 1 : Zoning Ordinance, Article 1- 16 : Administration described in the attached text exhibits dated October 8, 2024 . *TMot Thaodar Ko Prepared by Theint Thandar Ko Planning Intern Attachments: Exhibit #1 - P-24-84-AM: Draft Amendment to Apache Junction City Code, Volume II, Land Development Code, Chapter 1: Zoning Ordinance, Article 1-16: Administration. Text Amendment to Article 1-16: Administration, Case P-24-84-AM October 8, 2024, Planning and Zoning Commission Staff Report Psw24ww84,=AM Text Amendment to Art 'l* cle lawl,,6 :s Administrati* on per Senate B,,*ill , 1"16,2 , I'tv of Apa' che Juncbon,.,,,� W111,01 , es', ton UlTv ,coundl`, rk,',S 'S, .......... Nov be' " "' , "I", U, "R Vj "w"T 411 .............. 'EM B a c!ki&ir o u n d Senate Bill 1162 • Passed on April 23, 2024 • Must adopt by January 1, 2025 • Excludes govern ment-owned properties from rezoning protests calculations • Requires municipalities to adopt an application review timeline for rezonings AKA "Shot clock requirement" October 8 a ,� 2024@ Planning and Zoning Public Hearing : voted 6 to 0 one being absent) November 4,, 2024o City Council Work Session 64"i 0 Chan.g.es to our code § 1- 16-6 Amendment to Zoning Code or Zoning Map (J ) Protests against Zoning Map amendment. ( 1 ) If the owners of 20% or more either of the area of the lots included in a proposed Zoning Map amendment, or of those immediately adjacent in the rear or any side thereof extending 150 feet therefrom, or of those directly opposite thereto extending 150 feet from the street frontage of the opposite lots, excluding govern ment-owned property, file a protest in writing against a proposed amendment, it shall not become effective except by the favorable vote of 3/4 of all members of the Council . If any members of the Council are unable to vote on such a question because of a conflict of interest, the required number of votes for passage of the question shall be 3/4 of the remaining membership of the Council, provided that such required number of votes s 11 in no event be less than a majority of the full membership of the legally established Council . New Sect 'i9on an ApLIi* cati* on Rev'i9ew Ti* mel 'iane ""Shot clock" Does not apply to Planned Developments A notice within 30 days for administrative completeness or deficiencies No notice issuance within 30 days; the application must be considered complete 15 days to determine if the resubmitted application is complete 180 days to approve or deny the case Extensions : City: One-time 30-day extension for extenuating circumstances Applicant : Additional 30-day extensions may be granted ( if requested ) Recommendat *ion Staff and the Planning and Zoning Commission recommend the APPROVAL of text amendment case P-24-84-AM, an amendment to the Apache Junction City Code, Volume 11, Land. Development Code, Chapter 1 : Zoning Ordinance, Article 1- 16 : Administration . Questions? City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No. 11. File ID: 24-915 Sponsor: Nicholas Leftwich Agenda Date: 11/19/2024 Index: In Control: City Council Meeting Presentation, discussion, public hearing and consideration of Ordinance No.1559, of Case P-23-112-PZ, a proposed rezoning of 991 E. Old West Highway, parcel 102-03-136A, requested by Greg Loper on behalf of Storbakken & Sons Construction Inc., to rezone the property from General Commercial (T-V)to Industrial (T-Y)to allow for the continued use of a construction business comprising a contractor's office, shop and indoor/outdoor storage with construction truck parking. City of Apache Junction,Arizona Page 1 Printed on 1111412024 ORDINANCE NO. 1559 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-23-112-PZ, A REQUEST BY GREG LOPER, REPRESENTING SM HOLDINGS LLC AND STORBAKKEN & SONS CONSTRUCTION INC. , FROM GENERAL COMMERCIAL ("B-l") TO INDUSTRIAL ("B-5") AND A MINOR GENERAL PLAN AMENDMENT FROM COMMERCIAL TO LIGHT INDUSTRIAL/BUS INES S PARK AND INDUSTRIAL; REPEALING ANY CONFLICTING PROVISIONS; AND PROVIDING FOR SEVERABILITY. WHEREAS, the subject property is generally located near the southeast corner Royal Palm Road and Old West Highway in Section 28; and WHEREAS, on October 22, 2024, the Apache Junction planning and zoning commission recommended in a vote of 7 : 0 to approve rezoning case No. P-23-112-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 (1) . 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 : That part of Tract A, Palm Springs, according to the records of Pinal County, Arizona, as recorded in Book 7 of Maps, Page 27, more particularly described as follows : ORDINANCE NO. 1559 PAGE 1 OF 5 Parcel 1 : Beginning at the Northeast corner of Tract "A" of Palm Springs, a subdivision of record in the office of the county recorder of Pinal County, Arizona, in Book 7 of Maps, Page 27 thereof; Thence South 0 Degrees, 00 Minutes 30 Seconds West along the East line of said Tract "A" 200 feet to the true point of beginning; Thence South 0 Degrees 00 Minutes 38 Seconds West 80 . 00 feet; Thence North 54 Degrees 52 Minutes 38 Seconds West 190 . 00 feet; Thence North 0 Degrees 00 Minutes 30 Seconds East 80 . 00 feet; Thence South 54 Degrees 52 Minutes 38 Seconds East 190 . 00 feet to the true point of beginning; Parcel 2 : Beginning at the Northeast corner of Tract "A" of Palm Springs, a subdivision of record in the office of the county recorder of Pinal County, Arizona, in Book 7 of Maps, Page 27 thereof; Thence South 0 Degrees 00 Minutes 30 Seconds West along the East line of said Tract "A", a distance of 280 . 00 feet to the true point of beginning; Thence South 0 Degrees 00 Minutes 30 Seconds West 93 . 00 feet; Thence South 44 Degrees 55 Minutes 30 Seconds West 7 . 07 feet; Thence North 54 Degrees 52 Minutes 38 Seconds West 182 . 93 feet; Thence North 0 Degrees 00 Minutes 30 Seconds East 103 . 00 feet; Thence South 54 Degrees 52 Minutes 38 Seconds East 190 . 00 feet to the true point of beginning; Parcel 3 : Beginning at the Northeast corner of Tract "A" of Palm Springs, a subdivision of record in the office of the county recorder of Pinal County, Arizona, in Book 7 of Maps, Page 27 thereof; ORDINANCE NO. 1559 PAGE 2 OF 5 Thence South 0 Degrees 00 Minutes 30 Seconds West along the East line of said Tract "A", a distance of 373 . 00 feet; Thence South 44 Degrees 55 Minutes 30 Seconds West 7 . 07 feet to the true point of beginning; Thence South 44 Degrees 55 Minutes 30 Seconds West 7 . 07 feet to a point on the South line of said Tract "A"; Thence South 89 Degrees 52 Minutes 42 Seconds West along the said South line 145 . 42 feet; Thence North 0 Degrees 00 Minutes 30 Seconds East 109 . 64 feet; Thence South 54 Degrees 52 Minutes 38 Seconds East 182 . 93 feet to the true Point of beginning; Parcel 4 : Beginning at the Northeast corner of said tract "A"; Thence North 54 Degrees 52 Minutes 38 Seconds West along the Southerly right-of-way of the State Highways 60, 70, 80 and 89, a distance of 190 feet; Thence South 0 Degrees 30 Seconds West 200 feet; Thence South 54 Degrees 52 Minutes 38 Seconds East 190 feet to a point on the West line of an alley; Thence North 0 Degrees 30 Seconds fast along said alley line 200 feet to the point of beginning; APN: 102-03-136A; be and hereby is amended from General Commercial ("B-1") to Industrial ("B-5") , and the general plan land use designation be amended from Commercial to Light Industrial/Business Park and Industrial, subject to the following condition of approval : 1) The project shall be improved in accordance with the plans approved and associated with this case and all provisions of the Zoning Ordinance and City codes applicable to this case . 2) 6' minimum opaque screen walls shall be installed in compliance to §1-6-3 Fences and Walls . Per code requirements, the front screen wall along Old West Highway shall be a decorative wall . 3) The driveway and driveway apron shall be an improved surface meeting the city' s commercial driveway standards . ORDINANCE NO. 1559 PAGE 3 OF 5 4) The proposed vehicle parking and circulation areas within the development shall be surfaced for dustproofing purposes to meet the city' s requirements, as outlined in the City of Apache Junction Ordinance 1316 . 5) The building' s exterior shall be maintained to comply with general maintenance standards, including a repainting to repair the deterioration in desert/earth tone colors . 6) Landscaping, screening and irrigation improvements shall be provided in compliance with the city' s landscape and screening requirements, which would include trees and shrubs on site, while the street frontage shall include vegetative ground cover (1-gallon minimum) and be covered with inorganic mulch such as crushed decorative rock, river run and/or boulders . An impervious weed barrier or pre-emergent chemical treatment shall be applied to the bare ground prior to the placement of inorganic ground cover materials . The trees along the Old West Highway frontage shall be a minimum of 36" box. 7) These required improvements shall be made and finished within 12 months of the zoning approval for case P-23-112-PZ . 8) 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 2024 . ORDINANCE NO. 1559 PAGE 4 OF 5 SIGNED AND ATTESTED TO THIS DAY OF f 2024 . WALTER "CHIP" WILSON Mayor ATTEST: JENNIFER PENA City Clerk APPROVED AS TO FORM: RICHARD JOEL STERN City Attorney ORDINANCE NO. 1559 PAGE 5 OF 5 City ofApache Junction 7 Development Services Department CITY COUNCIL STAFF MEMO Date: November 19, 2024 To: Honorable Mayor and City Council Members Through: Bryant Powell, City Manager Rudy Esquivias, Development Services Director Sidney Urias, Planning Manager From: Nick Leftwich, Planner Case Number: P-23-112-PZ Subject: Proposed rezoning of 991 E . Old West Highway, from General Commercial ("B-1") to Industrial ("B-5"* ) Summary P-23-112-PZ is a proposed Rezoning requested by Greg Loper on behalf of Storbakken & Sons Construction Inc. to rezone approximately 1 . 6 acres located near the southeast corner of Royal Palm Road & Old West Highway (APN 102-03-136A) from General Commercial ("B-1") to Industrial ("B-5") to allow for the continued use of a construction business comprising a contractor' s office, service shop for their fleet maintenance and indoor/outdoor storage with construction truck parking. Planning & Zoning Commission Hearing and Recommendation The Planning and Zoning Commission held a public hearing for P-23-112-PZ on October 22, 2024 . Please see the attached staff report and exhibits presented to the Planning and Zoning Commission. During the meeting the Planning and Zoning Commission evaluated the rezoning proposal and subsequently voted 7-0 to recommend approval of P-23-112-PZ, subject to the conditions of approval that were recommended in the Staff Report, dated October 22, 2024 . November 4, 2024 City Council Work Session Staff presented Case P-23-112-PZ to the city council on November 4, 2024, in which the Council had a question regarding well water contamination concerns with the adjacent Apache Junction Water District property, and a question regarding if there had been any neighborhood complaints with the presence of Storbakken & Sons at 991 E. Old West Highway. Planning& Zoning—Building& Sqfety—Revenue Development 300 E. Superstition Boulevard * Apache function,AZ 85119 * Ph: (480)474-5083 a Fax(480)982-7010 With further inquiry Staff have confirmed that there is no history of neighborhood complaint issues with Storbakken & Sons . Regarding the Apache Junction Water District parcel (102-03-137A) and concerns regarding well water contamination, the Apache Junction Water District have informed Staff that the property is an old booster site that has been out of service for decades . The facility formerly served as an interconnect between Arizona Water Company and Consolidated Water Utilities, which interconnect has been removed. All that remains is an old well on the site that has not been used in years and the concrete slab where the hydropneumatic pressure tank sat. They further noted that they do not foresee any issues with the site next door. Attached: - Planning and Zoning Commission Staff Report and attachments (February 27, 2024) Planning& Zoning—Building& Sqfe,4,—Revenue Development 300 E. Superstition Boulevard * Apache Junction,AZ 85119 * Ph: (480)474-5083 - Fax (480)982-7010 City ofApache Junction Development Services Department PLANNING AND ZONING COMMISSION PUBLIC HEARING STAFF REPORT DATE: October 22, 2024 CASE NUMBER: P-23-112-PZ OWNERS: SM Holdings LLC / Storbakken & Sons Construction Inc. APPLICANT: Greg Loper, on behalf of Storbakken & Sons Construction, Inc. REQUEST: Proposed rezoning of 991 E. Old West Highway, approximately 1 . 6 acres currently zoned General Commercial ("B-1") to Industrial ("B-5") and a Minor General Plan Amendment from Commercial to Light Industrial/Business Park and Industrial LOCATION: APN 102-03-136A, generally located near the southeast corner Royal Palm Road and Old West Highway in Section 28 GENERAL PLAN DESIGNATION: Commercial SURROUNDING USES: North: General Commercial by Planned Development (B-1) East: High Density Multiple-Family Residential by Planned Development (RM-1/PD) South: Medium Density Single-Family Detached Residential (RS-10) West: High Density Multiple-Family Residential (RM-2) BACKGROUND According to the Pinal County Assessor, the building on the property was constructed as an automobile service garage in 1953. The property maintained this use until about 2016, with Arizona Tiremen Services as the last automobile servicer and a tire sales store. After the property closed for automobile services it was used as a contractor' s yard and office from about 2018 to 2021, at which point the current owner SM Holdings LLC purchased the property to use for their business, Storbakken & Sons Construction Inc. , a construction and contractor' s business with 1 "Storbakken&Sons Construction Inc. Rezoning"Case P-23-112-PZ October 22,2024,Planning and Zoning Commission Staff Report City ofApache Junction Development Services Department limited outdoor storage of business materials, truck and heavy equipment parking, and limited maintenance of their own business vehicles . Truck staging, outdoor storage, and heavy equipment maintenance use of this property are not a permitted use under the B-1 "General Construction" zoning designation, and this zoning issue came to the notice of the city in 2023 . At this point Staff contacted the property owners and business representatives and informed them of the zoning violation and the need to correct the issue, and the options to do so, including a possible rezoning to an appropriate zoning district for the described uses. PROPOSALS P-23-112-PZ is a proposed Rezoning requested by Greg Loper on behalf of Storbakken & Sons Construction Inc. to rezone approximately 1 . 6 acres located near the southeast corner of Royal Palm Road & Old West Highway (APN 102-03-136A) from General Commercial ("B-1") to Industrial ("B-5") to allow for the continued use of a construction business comprising a contractor' s office, shop and indoor/outdoor storage with construction truck parking. No deviations to the Apache Junction Zoning Ordinance are requested at this time. PLANNING STAFF ANALYSIS Relationship to General Plan: The subject site is currently designated by the City' s general plan as "Commercial". Commercial represents commercial and office areas with convenient access to major roadways that are close to residential areas, intended to serve the surrounding community consisting of general retail, restaurants, department chain stores, grocery stores, and professional offices . The applicant' s business operations are more appropriate to the Light Industrial/Business Park and Industrial, which they request a minor General Plan Amendment to amend the Land Use Map to match. This land use designation is present further south and east along Old West Highway. This designation is for light and heavy industrial, professional offices, warehouses and other similar uses, per the General Plan. ZoninglSite Context: The approximate 1 . 6 acre property is a privately owned parcel surrounded by commercial to the north, multi-family to the west (Sonoma Apartments) and east (the under development Old West Highway Village) , the Palm Springs single-family residential neighborhood to the south. 2 "Storbakken&Sons Construction Inc. Rezoning"Case P-23-112-PZ October 22,2024,Planning and Zoning Commission Staff Report City ofApache Junction Development Services Department Public input: Neighborhood meeting notification letters were sent to property owners within a 500-foot radius, per the expanded notification radius required by the requirements of the Apache Junction Zoning Ordinance §1-16-6 (5) Mailing notice for Zoning Map amendments. On June 25, 2024, the applicant held a neighborhood meeting in-person at the Apache Junction Multi-Generational Center, to which no one attended. FINDINGS OF FACT FOR MINOR GENERAL PLAN AMENDEMENT As required by the Apache Junction General Plan, a Minor General Plan Amendment request may be approved by the City Council after consideration has been given to specific criteria. The criteria are outlined in the text below: 1 . Whether the amendment proposes a land use designation that the Land Use Plan Map does not adequately provide optional sites to accommodate. Applicant Response: Within the area of this request, there are NOT available locations that provide the required industrial land use designation and meet the criteria necessary for this business to successfully operate, the most notable being outstanding access for the greater Apache Junction and eastern Maricopa County and Pinal County area. in addition, through a mistake caused by their realtor, they already own the Property. 2 . Whether the amendment constitutes an overall improvement to the General Plan, will not solely benefit a particular landowner or owners at a particular point in time, and is consistent with the overall intent of the 2020-2050 General Plan. Applicant Response: The requested Amendment does constitute an overall improvement to the General Plan by supporting the use of a Property that otherwise has a long history of inactivity and vacancies. The requested Minor General Plan Amendment is also consistent with the overall intent of the General Plan, particularly in regard to the Goals of the Economic Development, Growth Area, Cost of Development and Land Use elements of the adopted General Plan. 3 . Whether the proposed amendment is justified by an error in the 2020- 2050 General Plan as originally adopted. Applicant Response: To the best of our knowledge, there is not a specific error in the adopted General Plan other than the land use designation itself. 3 "Storbakken&Sons Construction Inc. Rezoning"Case P-23-112-PZ October 22,2024,Planning and Zoning Commission Staff Report City ofApache Junction Development Services Department 4 . Whether the proposed change is generally consistent with goals, objectives, and other elements of the 2020-2050 General Plan. Applicant Response: As noted above, the request is consistent with a number of the Goals of the General Plan related to the Economic Development, Growth Area, Cost of Development and Land Use elements of the adopted General Plan. Highlights of these include the following: Economic Development Element: mGoal 5.1 - Attract all quality private investment that will add value and bring diversification to current and future residents of Apache Junction as a great place to live, work and play. -Goal 5. 6 - Continue to strengthen and advocate for economic development opportunities that considers current conditions, existing needs, business threats and opportunities, and solution-oriented deliverables that will strengthen existing businesses. Growth Area Element: -Goal 9.1 - Increase the city's financial sustainability. -Goal 9.3 - Encourage infill development. Cost of Development Element: -Goal 10.5 - Ensure that new development pa-ys its fair and proportional share of the cost of additional public facility and service needs. -Goal 10. 6 - Relate infrastructure investment and land use decisions to municipal economic sustainability. Land Use Element: -Goal 11 .2 - Provide a balance of uses throughout the community. 5 . Whether the proposed change is justified by a change in community conditions or neighborhood characteristics since adoption of the Plan. Applicant Response: As noted several times throughout this Project Narrative, the Property has seen a number of unsuccessful businesses and intermittent vacancies over the _years, especiall_y once the Superstition Freeway diverted "through" traffic from Old West Highway. Part of that reason is that the Property is one of a large number of commercially zoned and (was) vacantlunderutilized. -In addition, this particular site does not have great visibilit_y nor is it located at a major intersection where commercial viability is enhanced. Lastly, the limited frontage and existence of developed residential uses properties on either side 4 "Storbakken&Sons Construction Inc. Rezoning"Case P-23-112-PZ October 22,2024,Planning and Zoning Commission Staff Report City ofApache Junction Development Services Department prohibit the expansion of the Property to a greater size that might also enhance its commercial viability. 6. Whether the amendment will adversely impact a portion of, or the entire community by: a. Significantly altering acceptable existing land use patterns, especially in established neighborhoods . Applicant Response : The proposed Minor General Plan Amendment does not significantly alter the land use patterns of the area. Additionally, the Property is not located in an established neighborhood which has largely land-locked (no ability to expand) residential uses on all sides. b. Significantly reducing the housing to jobs balance in the Planning Area. Applicant Response: The request will have the opposite effect by enhancing the job balance within Apache Junction. c. Substantially decreasing existing and future water supplies. Applicant Response: The use of the property utilizes very little water; primarily water is only used for restroom facilities and the occasional cleaning of equipment. d. Replacing employment with residential uses . Applicant Response: This request also has the opposite effect by adding employment uses. e. Requiring additional and more expensive improvements to infrastructure systems and/or proximity to municipal facilities and/or services than are needed to support the prevailing land uses and which, therefore, may impact the level of service for existing and proposed developments in other areas . Applicant Response: The use has virtually no impact on existing infrastructure or municipal services. This can be measured today and verified by City of Apache Junction staff as the business has been in operation for approximately 3+ years. f. Increasing traffic (without mitigation measures) on existing roadways beyond the planned level of service, and that negatively impact existing and planned land uses . Applicant Response: The use also has virtually no traffic impacts. This can also be measured today and confirmed by City of Apache Junction staff as the business has been in operation for approximately 3+ _years. 5 "Storbakken&Sons Construction Inc. Rezoning"Case P-23-112-PZ October 22,2024,Planning and Zoning Commission Staff Report City ofApache Junction Development Services Department g. Affecting the existing character (i.e. , visual, physical and functional) of the immediate area. Applicant Response: The use utilizes an existing, approximately 70-year- old building that has largely been vacant andlor underutilized for the past 30+ years. Storbakken and Sons has already - at their own financial risk - completed various property improvements and will provide more enhancement should these entitlement requests be approved. h. Increasing the exposure of residents to aviation generated noise, safety and/or flight operations . Applicant Response: Storbakken and Sons has no aviation or aerial components to their operations. i. Materially diminishing the environmental quality of the air, water, land, or cultural resources . Applicant Response: The Storbakken and Sons operation does not adversely affect the environmental quality of the air, water, land or cultural resources. j . Significantly altering recreational amenities such as open space, parks, and trails . Applicant Response: Finally, the Storbakken and Sons operation does not significantly alter, nor affect, recreational amenities. -Tn addition, the Storbakken & Sons business also furthers a number of the goals and policies of the Old West Highway Redevelopment Area Plan. PLANNING DIVISION RECOMMENDATION As this rezoning has been requested to amend the zoning designation from B-1 "General Commercial" to B-5 "Industrial" to comply with the zoning land use requirements and remedy the issue of the non- conforming use, staff is supportive of this rezoning as a means of correcting the zoning violation and using the opportunity to improve the property and bring it into compliance with modern codes and requirements. To this end, Staff recommends the requirement of several improvements in order to meet current Zoning Ordinance standards, as noted here: Screen Walls: Per § 1-8-6 LANDSCAPE STANDARDS, (B) Screening. (1) Screen walls for side and rear property lines: Where industrial or commercial development is proposed to be located adjacent to an existing or future residential property, screening walls shall be required in accordance with Vol. II, § 1-6-3, Table 6-2 . 6 "Storbakken&Sons Construction Inc. Rezoning"Case P-23-112-PZ October 22,2024,Planning and Zoning Commission Staff Report City ofApache Junction Development Services Department Per § 1-6-3 FENCES AND WALLS, the side and rear walls at the perimeter of the site shall be 6' minimum opaque walls painted or stained with desert/earth tone colors. The front fence shall also be replaced by a decorative wall compliant with code requirements. It would be required that the walls may be secured with security wall spikes or equivalent security features, but shall not use barbed wire or concertina razor wire. If there is any wire used, it would need to be internal to the site and not visible from the public right of way. This front screen wall is generally required to be an opaque decorative wall to screen storage or vehicle parking from the public right of way, so further upgrade to the wall may still be required. Driveway and Driveway Apron: The driveway and driveway apron shall be an improved surface, not just decomposed granite or gravel. Dustproof Surfacing: The proposed vehicle parking and circulation areas within the development shall be surfaced for dustproofing purposes to meet the city' s requirements, as outlined in the City of Apache Junction Ordinance 1316. Building Elevations: As no change to the structures on site is proposed, there is nothing new being required architecturally, but to comply with general maintenance standards, we recommend that the building be repainted as the paint is deteriorating and chipped away in several places . Per our design standards, the new paint coat should be desert/earth tone colors . The awnings and pole out front should be painted as well to eliminate the blue for consistent earth tone colors as well. Landscaping: The site does not currently provide any screening landscaping along Old West Highway, which is required per Zoning Ordinance, Article 1-8, Landscape Regulations . Landscaping, screening and irrigation improvements shall be provided in compliance with the city' s landscape and screening requirements, which would include trees and shrubs on site, while the street frontage shall include vegetative ground cover (1-gallon minimum) and be covered with inorganic mulch such as crushed decorative rock, river run and/or boulders . An impervious weed barrier or pre-emergent chemical treatment shall be applied to the bare ground prior to the placement of inorganic ground cover materials . The trees along the Old West Highway frontage shall be a minimum of 36" box. (Note: The Zoning Ordinance § 1-8-6 Landscape Standards only requires 24" box trees, but we recommend that the trees along the Old West Highway frontage be planted in the 36" box size instead of the listed 24" to provide additional screening standard for industrial uses. ) 7 "Storbakken&Sons Construction Inc. Rezoning"Case P-23-112-PZ October 22,2024,Planning and Zoning Commission Staff Report City ofApache Junction Development Services Department Public Works Improvements: To the extent required by Public Works, street improvements along Old West Highway shall be installed, including but not necessarily limited to, extension of pavement and the provision of sidewalk, curb, gutter, streetlights, underground utilities, fire hydrants, subject to review and approval by the city engineer. Lighting: All outdoor lighting shall be dark sky compliant. RECOMMENDED MOTION I move that the Planning and Zoning Commission recommend to the Apache Junction City Council the approval of case P-23-112-PZ, a rezoning request by SM Holdings LLC / Storbakken & Sons Construction Inc. (owner/operator) , represented by Greg Loper (applicant) , for a rezoning of approximately 1 . 6 acres at 991 E. Old West Highway, APN 102-03-136A from General Commercial ("B-1") to Industrial ("B-5") to approve the use of use of a construction business comprising a contractor' s office, shop and indoor/outdoor storage with construction truck parking, subject to the following conditions of approval: 1) The project shall be improved in accordance with the plans approved and associated with this case and all provisions of the Zoning Ordinance and City codes applicable to this case. 2) 6' minimum opaque screen walls shall be installed in compliance to §1-6-3 Fences and Wa lls. Per code requirements, the front screen wall along Old West Highway shall be a decorative wall. 3) The driveway and driveway apron shall be an improved surface meeting the city' s commercial driveway standards. 4) The proposed vehicle parking and circulation areas within the development shall be surfaced for dustproofing purposes to meet the city' s requirements, as outlined in the City of Apache Junction Ordinance 1316. 5) The building' s exterior shall be maintained to comply with general maintenance standards, including a repainting to repair the deterioration in desert/earth tone colors . 6) Landscaping, screening and irrigation improvements shall be provided in compliance with the city' s landscape and screening requirements, which would include trees and shrubs on site, while the street frontage shall include vegetative ground cover (1-gallon minimum) and be covered with inorganic mulch such as crushed decorative rock, river run and/or boulders . An impervious weed barrier or pre-emergent chemical treatment shall be applied to the bare ground prior to the placement of inorganic ground cover materials . The trees along the Old West Highway frontage shall be a minimum of 36" box. 7) These required improvements shall be made and finished within 12 months of the zoning approval for case P-23-112-PZ . 8 "Storbakken&Sons Construction Inc. Rezoning"Case P-23-112-PZ October 22,2024,Planning and Zoning Commission Staff Report City ofApache Junction Development Services Department Prepared by Nick Leftwich Planner Attachments: Exhibit #1 : P-23-112-PZ Project Narrative Exhibit #2 : P-23-112-PZ Site Plan Exhibit #3 : P-23-112-PZ Vicinity Map Exhibit #4 : P-23-112-PZ Public Participation Report 9 "Storbakken&Sons Construction Inc. Rezoning"Case P-23-112-PZ October 22,2024,Planning and Zoning Commission Staff Report Storbakken & Sons Project Narrative Related to a Request for a rezoning from B-1 to B-5, and a Minor General Plan Amendment (from Commercial to Light Industrial/Business Park and Industrial) for a construction-related business on approximately 1 .61 net acres located on the south-side of Old West Highway, east of Royal Palm Road and west of Tomahawk Road (991 East Old West Highway) Case #: P-23-112-PZ Date Revised: October 13, 2024 Introduction: This Project Narrative is being submitted to the City of Apache Junction for consideration of a rezoning from B-1 (General Commercial) to B-5 (Industrial) — as well as a Minor General Plan Amendment (from Commercial to Light Industrial/Business Park and Industrial) — to allow for the continued use of the Property as a construction business (contractor's office, shop and indoor/outdoor storage) on approximately 1.61 net acres (70,131-feet) located on the south-side of Old West Highway, east of Royal Palm Road and west of Tomahawk Road (the "Property"). The Property has an address of 991 East Old West Highway, and a Pinal County Assessor's Parcel Number ("APN") of 102-03-136A (the "Property"). Storbakken & Sons Construction, Inc. was established in 2009 in North Dakota and has their roots as a family-owned and family-oriented small business in the construction and earthwork trades. Seeing a need for their services in the east valley area of the greater Phoenix Metropolitan and Pinal County areas, Storbakken purchased this property in 2021, believing that it had the correct zoning and other entitlements to utilize the Property as a contractor's office, shop and indoor/outdoor storage. Since their purchase of the Property, and at their own financial risk, Storbakken has done much to improve the appearance of the site. Additional site improvements (fagade / painting, landscaping, etc.) will be completed once the proper zoning and land use entitlements are in place. Proiect Description: Storbakken & Sons proposes to continue the use of the Property as a construction and contractor's business, including an office, shop and indoor/outdoor storage. Existing improvements include the following: • A single-story 1,380 square foot Office Building with Interior Maintenance Areas, Storage & Attached Shade Canopies which was constructed in 1953 • A —30-foot-wide driveway onto Old West Highway (with 6' high wrought iron rolling gate) • Screening that includes a 6' high wrought iron fence with columns along the Old West Highway frontage and a 6' high solid wall along the remaining Property perimeter screening (east, south and west property lines). Side and rear portions of the Property have existing and mature landscaping • Outdoor areas that include customer parking, truck parking, internal circulation, and truck and heavy equipment storage and maintenance A rezoning/site plan exhibit is included with this submittal. Storbakken &Sons Rezoning & Minor GPA(P-23-112-PZ)—Project Narrative October 13, 2024 Page 2 of 9 Since the acquisition of the Property, Storbakken & Sons has worked to improve the Property by clearing it of weeds and abandoned materials, adding to and improving the Property screening as noted above, and improvements to both the exterior and interior portions of the existing building. The intent is that with the approval of the B-5 zoning request is to continue to improve the Property with the addition of frontage landscaping, new signs, fagade / painting improvements, etc. The Property has seen a number of businesses over the years; few have been successful for long. The most recent business prior to Storbakken & Sons was a tire business that closed several years ago. As stated above, this request consists of two (2) parts: • Rezoning from B-1 (General Commercial) to B-5 (Industrial) • Minor General Plan Amendment, from Commercial to Light Industrial/Business Park and Industrial The specifics of each request and the related rationale for the changes are noted below. Rezoning: The request for the rezoning from B-1 (General Commercial) to B-5 (industrial) is to grant them the ability to remain on this property and for their business to have a secure future with the opportunity for growth. The City of Apache Junction Zoning Ordinance defines the B-5 (industrial) Zoning District as "Generally intended for light industrial uses permitted by right, and heavy industrial uses permitted as conditional uses." Also as noted above, the current operation is a construction and contractor's business (including offices and internal shop and storage areas), with limited outdoor storage (business-related only), along with truck and heavy equipment parking and limited maintenance of same. Minor General Plan Amendment: The second component of this request is for a Minor General Plan Amendment (from Commercial to Industrial) to coincide with the rezoning request. The Apache Junction General Plan states that the Light Industrial/ Business Park and Industrial land use designation represents "areas where manufacturing is appropriate. Storbakken &Sons Rezoning & Minor GPA(P-23-112-PZ)—Project Narrative October 13, 2024 Page 3 of 9 These uses generally occur in a business park type environment with clustered buildings and inward focuses activity which can include light and heavy industrial, professional office, warehouses and other similar uses." The present location, while not in a Business Park environment, is located along a major arterial-type roadway (Old West Highway, formerly known as US 60) which limits the Property's appeal for single-family residential. There is an overabundance of existing and vacant commercial properties in the area mean that changing the land use designation from Commercial will not detract from other commercial opportunities in the area. In addition, the property is buffered from pending residential uses to the east and existing residential uses to the south by an existing 20-foot-wide alley and existing onsite screening, with multi-family residential uses to the west. Within the City of Apache Junction General Plan, there are the "Findings of Fact" (questions and criteria) that must be addressed in any request for an Amendment. The respective Findings of Fact are noted below (in italics), with the response following each: 1. Whether the amendment proposes a land use designation that the Land Use Plan Map does not adequately provide optional sites to accommodate. Response: Within the area of this request, there are NOT available locations that provide the required Industrial land use designation and meet the criteria necessary for this business to successfully operate, the most notable being outstanding access for the greater Apache Junction and eastern Maricopa County and Pinal County area. In addition, through a mistake caused by their realtor, they already own the Property. 2. Whether the amendment constitutes an overall improvement to the General Plan, will not solely benefit a particular landowner or owners at a particular point in time, and is consistent with the overall intent of the 2020-2050 General Plan. The requested Amendment does constitute an overall improvement to the General Plan by supporting the use of a Property that otherwise has a long history of inactivity and vacancies. The requested Minor General Plan Amendment is also consistent with the overall intent of the General Plan, particularly in regard to the Goals of the Economic Development, Growth Area, Cost of Development and Land Use elements of the adopted General Plan. Storbakken &Sons Rezoning & Minor GPA(P-23-112-PZ)—Project Narrative October 13, 2024 Page 4 of 9 3. Whether the proposed amendment is justified by an error in the 2020-2050 General Plan as originally adopted. To the best of our knowledge, there is not a specific error in the adopted General Plan other than the land use designation itself. 4. Whether the proposed change is generally consistent with goals, objectives, and other elements of the 2020-2050 General Plan. As noted above, the request is consistent with a number of the Goals of the General Plan related to the Economic Development, Growth Area, Cost of Development and Land Use elements of the adopted General Plan. Highlights of these include the following: Economic Development Element: • Goal 5.1 - Attract all quality private investment that will add value and bring diversification to current and future residents of Apache Junction as a great place to live, work and play. • Goal 5.6 - Continue to strengthen and advocate for economic development opportunities that considers current conditions, existing needs, business threats and opportunities, and solution-oriented deliverables that will strengthen existing businesses. Growth Area Element: • Goal 9.1 - Increase the city's financial sustainability. • Goal 9.3 - Encourage infill development. Cost of Development Element: • Goal 10.5 - Ensure that new development pays its fair and proportional share of the cost of additional public facility and service needs. • Goal 10.6 - Relate infrastructure investment and land use decisions to municipal economic sustainability. Land Use Element: - Goal 11.2 - Provide a balance of uses throughout the community. 5. Whether the proposed change is justified by a change in community conditions or neighborhood characteristics since adoption of the Plan. As noted several times throughout this Project Narrative, the Property has seen a number of unsuccessful businesses and intermittent vacancies over the years, especially once the Superstition Freeway diverted "through" traffic from Old West Highway. Part of that reason is that the Property is one of a large number of Storbakken &Sons Rezoning & Minor GPA(P-23-112-PZ)—Project Narrative October 13, 2024 Page 5 of 9 commercially zoned and (was) vacant/underutilized. In addition, this particular site does not have great visibility nor is it located at a major intersection where commercial viability is enhanced. Lastly, the limited frontage and existence of developed residential uses properties on either side prohibit the expansion of the Property to a greater size that might also enhance its commercial viability. 6. Whether the amendment will adversely impact a portion of, or the entire community by. a. Significantly altering acceptable existing land use patterns, especially in established neighborhoods. The proposed Minor General Plan Amendment does not significantly alter the land use patterns of the area. Additionally, the Property is not located in an established neighborhood which has largely land-locked (no ability to expand) residential uses on all sides. b. Significantly reducing the housing to jobs balance in the Planning Area. The request will have the opposite effect by enhancing the job balance within Apache Junction. c. Substantially decreasing existing and future water supplies. The use of the property utilizes very little water; primarily water is only used for restroom facilities and the occasional cleaning of equipment. d. Replacing employment with residential uses. This request also has the opposite effect by adding employment uses. e. Requiring additional and more expensive improvements to infrastructure systems andlor proximity to municipal facilities andlor services than are needed to support the prevailing land uses and which, therefore, may impact the level of service for existing and proposed developments in other areas. The use has virtually no impact on existing infrastructure or municipal services. This can be measured today and verified by City of Apache Junction staff as the business has been in operation for approximately 3+ years. f. Increasing traffic (without mitigation measures) on existing roadways beyond the planned level of service, and that negatively impact existing and planned land uses. Storbakken &Sons Rezoning & Minor GPA(P-23-112-PZ)—Project Narrative October 13, 2024 Page 6 of 9 The use also has virtually no traffic impacts. This can also be measured today and confirmed by City of Apache Junction staff as the business has been in operation for approximately 3+ years. g. Affecting the existing character (i.e., visual, physical and functional) of the immediate area. The use utilizes an existing, approximately 70-year-old building that has largely been vacant and/or underutilized for the past 30+ years. Storbakken and Sons has already — at their own financial risk — completed various property improvements and will provide more enhancement should these entitlement requests be approved. h. Increasing the exposure of residents to aviation generated noise, safety andlor flight operations. Storbakken and Sons has no aviation or aerial components to their operations. i. Materially diminishing the environmental quality of the air, water, land, or cultural resources. The Storbakken and Sons operation does not adversely affect the environmental quality of the air, water, land or cultural resources. j. Significantly altering recreational amenities such as open space, parks, and trails. Finally, the Storbakken and Sons operation does not significantly alter, nor affect, recreational amenities. In addition, the Storbakken & Sons business also furthers a number of the goals and policies of the Old West Highway Redevelopment Area Plan. RellationshiI2 to Surrounding Progerties: The Property is located in the eastern portion of Apache Junction. In this area, properties along the Old West Highway are a mix of commercial uses, multi-family residential uses and a number of vacant/under-utilized properties. The use and zoning of the surrounding properties are as follows: North: Directly to the north is Old West Highway, which is a major roadway with two (2) paved lanes in each direction, separated by a median that allows for controlled left turns. Across Old West Highway and further to the north are vacant/undeveloped properties zoned B-1. Storbakken &Sons Rezoning & Minor GPA(P-23-112-PZ)—Project Narrative October 13, 2024 Page 7 of 9 East: The property to the east is presently vacant but is planned for the Old West Highway Village residential development. It is zoned RM-1/PD. West: To the west is a City of Apache Junction water facility, zoned B-1. Also to the west is the Sonoma Valley Apartments (formerly Indian Wells Apartments), which is zoned RM-1. South: To the south is the Palm Springs single-family residential subdivision, zoned RS-10. An excerpt of the City of Apache Junction zoning map, indicating the zoning of the Property and adjacent areas is as follows: The Property is located outside of any flood zone areas, with a designation of"Zone X". Development Standards: Development and use of the Property conforms with the applicable development standards of the B-5 zoning district, which are as follows: De elopment Standard B-5 Standard Proposed Existin v' M Lot Area (min.) 15,000 square feet 1.61 acres / 70,131-fee�t Storbakken &Sons Rezoning & Minor GPA(P-23-112-PZ)—Project Narrative October 13, 2024 Page 8 of 9 Lot Width (min.) 75-feet 1 90.3-feet Front Setback (min.) 20-feet 40-feet Interior Side Setback (min.) 1 0-feet 1 5-feet Street Side Setback (min.) 1 0-feet N/A Rear Setback (min.) 1 0-feet +300-feet Front Setback— Parking (min.) 1 0-feet 1 0-feet Height (max.) 35-feet 18-feet Parking 5 8 At the present time (at least until zoning approval), no additional structures are proposed. Any future structures shall conform to the development standards and other requirements of the requested B-5 zoning district. Circulation: Access presently occurs and will continue to occur from Old West Highway (formerly US 60), via an existing driveway (approximately 30-feet in width). This existing gated driveway location must remain where it is presently located due to the internal circulation characteristics and design. Interior circulation areas are to be private. Any dedications and all improvements will be as required by the City of Apache Junction. Old West Highway, adjacent to the Property, has a total right-of-way of 300-feet (half- street r.o.w. of 150-feet), and is developed with two (2) paved lanes in each direction and a landscaped median for controlled left turns. There is a median break directly in front of the Property. There is also an adjacent 20-foot-wide alley to the east and south of the property; however, no access is proposed from this development to this alley. No additional rights-of-way or improvements to either Old West Highway or to the alley are proposed. Storbakken &Sons Rezoning & Minor GPA(P-23-112-PZ)—Project Narrative October 13, 2024 Page 9 of 9 Storbakken & Sons VICINITY MAP: 046 Rezoning Exhibit / Site Plan for Proposed Rezoning SITE from B-1 to B-5 to utilize an existing business on 1 .61 acres located at 991 East Old West Highway, Apache Junction, Arizona "won SITE PLAN NOTES: AERIAL PHOTO: PROJECT DATA: A: Existing Single-story -1,380 square foot Location: Approximately 660' (1/8 Office Building with Interior Maintenance mile) east of the Southeast Areas, Storage & Attached Shade corner of Old West Highway Canopies (constructed -1953) and Royal Palm Road B: Existing -30-foot-wide driveway onto Old 00 Address: 991 East Old West West Highway (with 6' high wrought iron Highway, Apache Junction, rolling gate). Northern property line is AZ screened/secured with a 6' high wrought iron fence with columns APN: 102-03-136A C: Old West Highway (300' total right-of-way (150' half-street r.o.w.) Ownership: SM Holdings LLC D: Customer Parking Area (-8 spaces, Size: 1.61 acres (net) including 1 handicapped accessible) Legal Description: A Portion of Tracts A-1, A-3 E: Truck & Equipment Maintenance & thru A-5 of Palm Springs Parking Areas subdivision (PCR: Book 7, Page 27); a Portion of F: Truck & Equipment Parking & Storage Section 28, T1 N-R8E, Areas (with Internal Circulation) G&SRM, Pinal County, AZ G: Perimeter Screening (6' High Solid Wall) Existing Zoning: B-1 (General Business) along the east, south and west property lines Proposed Zoning: B-5 (Industrial) H: 20' wide Alley (adjacent to East & South Existing Use: Former Tire Business 155.5' property lines) Proposed Use: Construction Business H Date Prepared: October 31, 2023 Vicinity Map P - 23 - 112- pz Rezoning request from General Commercial (B-1 ) to Industrial (B-5) to allow for the continued use of a construction business comprising a contractor' s office, shop and indoor/outdoor storage with construction truck parking. MHP Broadway Ave RS-7 0/1 V RM-2/PD 0 .......... RM-2 .......... RM-1/PD Desert Ave ry 10: Estevan Ave Subject Sites Of B-4 Date: 9/30/2024 F` ria' r'Ave' Storbakken & Sons Public Participation Plan Related to a Request for a rezoning from B-1 to B-5, to develop a construction-related business on approximately 1 .61 net acres located on the south-side of Old West Highway, east of Royal Palm Road and west of Tomahawk Road (991 East Old West Highway) Date Prepared: October 31, 2023 1. Introduction, Purpose of Request & Possible Impacts This Public Participation Plan is being submitted to the City of Apache Junction in conjunction with a request for a rezoning from B-1 (General Commercial) to B-5 (Industrial) to allow for the continued use as a construction business (contractor's office, shop and indoor/outdoor storage) on approximately 1.61 net acres (70,131-feet) located on the south-side of Old West Highway, east of Royal Palm Road and west of Tomahawk Road (the "Property"). The Property has an address of 991 East Old West Highway, and a Pinal County Assessor's Parcel Number ("APN") of 102-03-136A. Storbakken & Sons Construction, Inc. was established in 2009 in North Dakota and has their roots as a family-owned and family-oriented small business in the construction and earthwork trades. Seeing a need for their services in the east valley area of the Phoenix Metropolitan Area, Storbakken purchased this property in 2021, believing that it had the correct zoning and other entitlements to utilize the Property as a contractor's office, shop and indoor/outdoor storage. Since beginning operations at the current location, we are unaware of any issues or impacts to our neighbors or to the City of Apache Junction in general. However, we will work to address any impacts as provided to us by City of Apache Junction staff and/or our neighbors. II. Stakeholders and Parties Affected by Application: Those stakeholders and parties most likely to be affected by the rezoning request include the following: • Property owners within 300' of the subject site. • The head of any homeowners' association or registered neighborhood group within the public notice area. • Other interested parties who have requested that they be placed on the interested parties' notification list maintained by the Planning and Zoning staff. As of the date off this Public Participation Plan, no neighborhood, property associations/groups or HOA's within 300-feet / the vicinity of the subject site (and/or having an interest in the area of the subject site) have yet been identified by City of Apache Junction staff, but will be included if provided. Storbakken & Sons—Public Participation Plan October 31, 2023 Page 2 of 4 111111. Notification: Prior to the first public hearing, the applicant shall implement this Public Participation Plan (as may be modified by City of Apache Junction staff). Implementation measures are to include the following; • Notice regarding the proposal will be sent to the following by first class mail: - All property owners within 300' of the subject site - Any groups (such as HOA's or interested parties as identified by City of Apache Junction staff) This notification will include information regarding the description and details of the proposed rezoning, copy of the site plan and the name and contact information of the applicant. This notification will also invite them to a neighborhood meeting as described below. A copy of the notice and the mailing list will be provided to City of Apache Junction staff as part of the Public Participation Final Report noted below. • Conduct a Neighborhood Meeting as noted above at a location that is convenient to the neighbors • Post the property in accordance with City of Apache Junction requirements at least 15 days prior to the first public hearing on the rezoning request IV. Public Participation Final Report: Prior to the notice of public hearing, the applicant will provide a Public Participation Final Report that will contain the following: • Dates and locations of all meeting where the public was invited to discuss the proposal. • Content, dates mailed, and number of mailings, including examples of letters, meeting notices, newsletters, and other publications. • The location of residents, property owners, and interested parties receiving notices, newsletters, or other publications. • The number of people that participated in the process. • A summary of concerns, issues, and problems expressed during the process including the substance of the concerns, issues, and problems and how the concerns were addressed or resolved. Storbakken & Sons—Public Participation Plan October 31, 2023 Page 3 of 4 Photographs of the site posting and a map indicating the location of the site posting. V. Status Procedure: The applicant recognizes that it is to our benefit to keep City of Apache Junction staff apprised of the notification efforts that occur and any responses received by any interested party. Therefore, the applicant, in addition to the Public Participation Final Report noted above, will keep staff apprised of meetings and discussions through periodic correspondence, including letters and/or e-mails, as well as phone calls. Additional notices of status changes will occur as necessary and/or requested by City of Apache Junction staff. Storbakken & Sons—Public Participation Plan October 31, 2023 Page 4 of 4 June 13, 2O24 RE: 8t0rbGkkHn & 80nS construction business; PnOp08Hd rezoning and Minor General Plan Amendment for the existing Gk]rb@kkHn & 80nS construction business |OC8U3d 8t991 East Old West Highway iO Apache Junction, Arizona Dear Neighbor: The purpose of this letter is to inform you we have submitted an 8pp|iC@U0n to the City of Apache JUOCtiOO (under application #P-23-112-PZ) for the rezoning from B-1 (GeO8[@| COOOnOerCi8|) to E3-5 (|DdUStri8|) and 8 minor General Plan Amendment [O the Land Use Designation Map from Commercial tO Business Park/Light Industrial and Industrial to @||Ovv for the C0nUnu8U0n of the StOrb@kken & GOnG construction business (contractor's office, shop and indOOr/Vutd0orSfOr8g8\ On approximately 1.01 net acres (7O,131 square feet) located at991 East Old West Highway in Apache Junction, AZ. 8tVrb8kk8n & 8VnG has been in operation for several years at this |OCaUOn; hOvv8ver, the rezoning and K8iDOr GSDe[8| P|8D /\DlBDdrneOt are required LO 8||OVV it to neDl8iD and CODtiDUe OpSn@iiOnS at this location. The existing zoning was more appropriate when Old West Highway ("OWH") was designated as US0O and was the primary east-west roadway connecting cities inthe east valley and beyond. Once the SupenGt@UVn Freeway was constructed, and the US 00 designation moved to the SuperStGUVn Fn3evv8y, traffic drastically declined along [)VVH, leaving an over-abundance of vacant and underutilized uOmnrn8roi@| properties. This site has seen u number ofunsuccessful businesses over the years; the most-recent business prior was a tire business that closed nearly a decade ago. Storbakken & Sons iaa successful business at this location and has been steadily improving the appearance of the property. A copy of the conceptual site plan iaon the back of this letter. We would like to give you an opportunity to see and hear more specific details about this request. We will be holding on open house meeting for the surrounding property owners and registered associations in the area as follows: Date and Time: Tuesday, June 25 m. 2024. from 0:30p.m. k] 7:3Op.m. LOC8UOD: City Of Apache Junction Multi-Generational Center— Room R118 1O35 North Idaho Road Apache Junction, AZ85119 Please feel free to share this information with your neighbors. In the meantime, | would be happy to answer any questions 0r hear any concerns you may have regarding this proposal. You may reach me8t 8O2-55O-7OO4O[via email 8t . Sincerely, Greg Loper Enclosures: As stated Storbakken & Sons VICINITY MAP: 046 Rezoning Exhibit / Site Plan for Proposed Rezoning SITE from B-1 to B-4 to utilize an existing business on 1 .61 acres located at 991 East Old West Highway, Apache Junction, Arizona "won SITE PLAN NOTES: AERIAL PHOTO: PROJECT DATA: A: Existing Single-story -1,380 square foot Location: Approximately 660' (1/8 Office Building with Interior Maintenance mile) east of the Southeast Areas, Storage & Attached Shade corner of Old West Highway Canopies (constructed -1953) and Royal Palm Road B: Existing -30-foot-wide driveway onto Old 00 Address: 991 East Old West West Highway (with 6' high wrought iron Highway, Apache Junction, rolling gate). Northern property line is AZ screened/secured with a 6' high wrought iron fence with columns APN: 102-03-136A C: Old West Highway (300' total right-of-way (150' half-street r.o.w.) Ownership: SM Holdings LLC D: Customer Parking Area (-8 spaces, Size: 1.61 acres (net) including 1 handicapped accessible) Legal Description: A Portion of Tracts A-1, A-3 E: Truck & Equipment Maintenance & thru A-5 of Palm Springs Parking Areas subdivision (PCR: Book 7, Page 27); a Portion of F: Truck & Equipment Parking & Storage Section 28, T1 N-R8E, Areas (with Internal Circulation) G&SRM, Pinal County, AZ G: Perimeter Screening (6' High Solid Wall) Existing Zoning: B-1 (General Business) along the east, south and west property lines Proposed Zoning: B-5 (Industrial) H: 20' wide Alley (adjacent to East & South Existing Use: Former Tire Business 155.5' property lines) Proposed Use: Construction Business H Date Prepared: October 31, 2023 Storb,ak,ken Sons Construct 'ion Inc Pm2,3 -mll2 , PZ Clity of Apache J Unction , ' at City Counca Public. He"a' ' r"mg , 9 Novemberl 4 2 0,2 ........ ......... "ll"ll"',", Jv , 60, Ir Qi, ,,,........... At Ah Zon 'inng Map Current Zoning's B-1 ( 102-03-136A) NO, North — General Commercial by Planned Development ( B-1) South — Medium Density U110 P Single-Family Detached Residential ( RS-10) East — : High Density Multiple- Family Residential by Planned Development ( RM-1/PD) West — High Density Multiple- Family Residential ( RM-2) #1 Alk AA, ........... V ,010, 4WO IT r Trarsportation Conservator, 1 DU/AC) Low Dens'ty Res"clent al D U/I 5 AC) PvIlled';,or, Density Resider*,,:all, 10 DU, AC Nlaxj H, 9r, Ders-,,y Res'dent'al ,�"40 DU,,A" Mex'� Dowr�own, Mixed Use Master :I�anned Commur: 1.'20 DT C Max, A g, Corr-mercia UQht Industrial,"Bus'ness Pa,,,,k a*-,.d Industr:61 Open So"ace and Recreefor", MONIT Ic,"m"m n Ct WE PLAN NOTES.- A: Existing Single-story -1,380 square foot Office Building with Interior Maintenance Areas, Storage & Attached Shade Canopies (constructed -1953) B: Existing -30-foot-wide driveway onto Old West Highway (with 6' high wrought i Iro'n rolling gate). Northem property line is S *lteAw& Plan screened/secured with a 6" high wrought iron fence with columns C: Old West Highway (300' total right-of-way (150' half-street cov.) D: Customer Parking Area (-8 spaces, including I handicapped accessible) E�- Truck & Equipment Maintenance & Parking Areas F- Truck & Equipment Parking & Storage Areas (with Intemal Circulation) G: Perimeter Screening (6' High Solid Wall) along the east, south and west property lines H: 20" wide Alley (adjaoent to East & South property lines) Public Input • Per the zoning ordinance requirements of Industrial rezonings, public notification was sent to an increased mail notification area of 500' radius from the property line, instead of the 300' standard . • A neighborhood meeting for the case was held at the Apache Junction Multi-Generational Center on June 25, 2024, however no community members attended . Planning & Zoning Commission Recommendation • The Planning and Zoning Commission voted 7-0 to recommend the approval of P-23- 112- PZ subject to the conditions of approval found in the Staff Report . ON MEN IN IN!! 00 0 :1 Questions? City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No. 12. File ID: 24-925 Sponsor:Yvette McKinney Agenda Date: 11/19/2024 Index: In Control: City Council Meeting Presentation, discussion, public hearing and consideration of application for Class A Bingo License for Rock Shadows RV Resort, located at 600 S. Idaho Rd, Apache Junction, AZ. City of Apache Junction,Arizona Page 1 Printed on 1111412024 City of Apache Junction 300 East Superstition Boulevard -Apache Junction,Arizona 85119 -www.ajcity.net November 19, 2024 MEMORANDUM TO: HONORABLE MAYOR AND CITY COUNCIL THROUGH: BRYANT POWELL, CITY MANAGER JENNIFER PENA, CITY CLERK FROM: EVIE MCKINNEY, DEPUTY CITY CLERK SUBJECT: APPLICATION FOR A CLASS A BINGO LICENSE FOR ROCK SHADOWS RV RESORT An application for a Class A Bingo License has been submitted by Linda Driver for Rock Shadows RV Resort, located at 600 S. Idaho Road in Apache Junction, AZ. New ownership took over the RV park 2 years ago and during this time, the bingo license was inactive. This application is a renewal for their bingo license under the new management. The Class A Bingo License is obtained for recreational and social purposes, returning all gross receipts to the players in prizes. Class A licenses cannot exceed $75,000 per year in gross receipts, and they are taxed at 2.5% of their adjusted gross receipts. The applicant was notified by mail and e-mail of the public hearing and was encouraged to attend to address any questions council may have. 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 city council may now make a recommendation of approval or denial to the Arizona Department of Revenue regarding this application. Home of the Superstition Mountains License Packet pl?!!:�ation for Ell This Application for Singo License Packet includes., CHECKLISM • Arizona Form 833--Applicabon for Eungo License Send copies of efl documents fisted below unWss otherwise • Arizona Form 830—AffidaVt noted, Before rnailing, check to make sure that you have included the foflowing� • Arizona Form 832— 10 Original completed AppJication for Bingo License Endorsement by Local Governing Body (Arizona Form 833), It is advisable that you obtam and review a copy of the 20 Original completed affidavits (Arizona Form 830), Arizona Revised Statutes on "Games of Bingo" and the Ciass S and Class C appheants must include a Administrative Rules prior to initiating an application, completed affidavit for each person parficipating These documents Otahne quaEfications wid requirements in the conduct of your games. Vass A applicants for obtaining a bingo license and may be obtained frorn, must include a complete affidavit for, each person • www,azieg.gov/and participating as a manager proceeds coordinator • www,,azsos,gov/public-services/tabie of-contents,htrn and supervisors, All 'forms must be complete and iegible, Ploase type or 30 Rental agreement if more than, one Ncensee is using print using black ink only, Forms are availaWe in a fillable the same reraed prern�ses in which tohoid bingo, pdf format at Arizona Department of Revenue (ADOR) 40 Application for Spro,,�ril Bonus Garne (Arizona Form web site %rw\,v,azdor.gov, Be sure to include on your 831) available at owNaidor.gov, tf you do not application a telephone number where you (or another conduct special bonus games do not complete the party responsible for the games) can be reached during application. the day, sO License fee payable to the Arizona Department of The bingo license package for new license and appropriate Revenue� fees must be sent to and approved by the local governing License Type Fee f body (the city council for incorporated cities or the COLluty board of supervisors for �jn i ricorpo rated areas) prior mr), 0 —iaua-� to submission to 1he ADOR Bingo Section. Upon their approval or d�sapproval, the �ocril governing body MH forward the license package to the ADOR Bingo Section 60 The local governing body fee will be, payabk-r to the appropriate locai governing entity� Endorsement By Local Governing Body Form -------------------.............. License Type Fee Complete fines 2, 3, and 4 of Arizona Forty) 832, Class-A r-1---1� -11-11-11-11--- $5,Q,o Endorsement by Local Goveming Body and submit to i� your local governing body with the bingo license package, LIEL-- A bingo license cannot be issued until this form is received by tho ADOR Bingo Section. 70 If applying as a qualified organization, a current membership �M must be submitted and must As part of the review of your application for a bingo license, indicate inifiW membership dates for all rnernbers the ADOR of the applicant organization. Any person from any branch of the-applicant who will be participating in the operation of bingo games must be included on the jj_kQaA__fL1d_q_ This analysis is conducted pursuarit to membership list, A,R,S, 5-406 R The Bingo Section does not 'approve" these agreernents as to content or,other legal ramifications, a 0 If applying as a qualified organization,the following You are strongly advised to consult with independent legal rnust be subtnitted, charter documents, articles counsel to determine your rights and obligabons under of incorporation, corporate bylaws, articles of these agreements, association, minutes of the establishment meeting, and rninutes of rneefings for two years(hoo months of If you need additional forms or have any questions,please each year)immediately prior to the date of application cail the ADOR Bingo Section r.Phoenix at(602,,,,,716-780 1, for the applicant, parent and auxiliary, 90 Purchase agreement for real property (where applicable). ir)0 Purchase agreemerit/bill of sale for bingo eqUipment and suppl�es, 110 Original local governing body endorsement, Application for Bingo License *Type or print in black ink and comtAete Mi informafirsi requested on sds form, if you do riot, your apphration will be returned. All information is subject to vef ification, If you need more space,attach addkional sheets, * All bingo ficenses expire one year from the date of issue, To continue conducbrig We bingo games,you must renew your Ecense p0or to the ext14ration date pumuant to A,P,S, 5403(Q and 5-410� I Applicant's Name Falsification of information Rock Shadows RV Resort 2a Maifing Ad dress wntained in this application 600 S Idaho Rd constitutes a ClaSs 6 felony. ZIP Code REVENUE USEONLY,00 NOT MARK IN THIS AREA, Apach Junction AZ 8511 'FiAdmFWs-Ir-a-iive—OfficeLocaVon 600 S Idaho Rd Tb C Tiy--- State zip Code Ap�Lche Jur� —AZ-- 85119 Ta—Narne of Contact Person 4b Teiephaite Linda Driver 4c E-mad Address 4c Fax No, PM RCVD 5 Class B and Uass C Ilcense applicant$ only'. If applying as a qualified organization, check one box to indicate the type of Organization-1 0 Clhwitable 0 Social [3 Religious 0 Veterans 0- Fraternal El Volunteer Fire Departmeni 0 Homeowners Association 0 Nonprofit Ambulance Service 6 Class B and Class C license applicants only apply�ng as a qualified organization, provide parent or auxiliary information: 6a Parent Name 6b Auxihary Narne St'r'ee'-1R—u—ra;—Rt,A—pt N—o—� ,-- . .........A—dd—ress-—Numbe-r—andStres,t Rtir',M—RTA,—p—tN—o ---,---- State Zip Code CRY State ZIP Ovje 7 Class B and Class C license applicants only app�ying as a qualified organization, OL 7AName 7bName Titie Address-Number and Street,Rurai RL,Apt,No, Addross-Number and Sireet,Rural Rl,,Apt,No, ZKY State ZiP f,ode City State ZIP Gode 7c Namo 7d Name TiW— TWO r� -Number and Soreet,Rural RL,Apt.No. Address-Number and Street,Rurat RL,Apt No, �7 State ZIP CM,e 'ity State ZIP Code City 8 Class B and Class C license I' ts I B!nqqQh'Om wnt information: acce mber Bank Narne --jg;�k Brancr, Continued An page 2 4 ADOR 1033-4(2120) Applicant a Narne(as shown page 1, fi�pck Shadows RV Resort APPLICATION FOR BINGO UCENSE 9 Class 8 and Class C license applicants on!y� &rQfi�aL account�nfrirniafion: anch NA c-c-o—u—n-t-Ku"m—bet F'ank Name Bii*Ba 10 Class B and Class C license applicants only. Ust 0 officers and/or supervisors authodoed W sign checks from the accounts iisted above, if apprygrig as a qualified organization all supervisors inust be members of 1he appficant: 10b Nar 101 Maine __:no 11 List the narne(s)of the one or two persons who will serve as managers, It applying as a qualified organization, these persons must be members of the appficant, Each person must submil an affidavit Ila Narne 11b Name Unda Driver Bingo Manager 12 List the narne of the one person designated as proceeds coordinator If applying as a qualified organizatm,this person must be an officer or director XW a member of the applicant, Each person must submit an affidavit, [Ea�d6een F� Lo n c a 13 List the name(s)of the person(s)who will tative as supervisor, If applying as a quWified organization, each person must be a member of the appficant, Each person must submit an affidanit, If addihonat narnes are roquirad,please attach affidavos, a Narne 13b Name Steve Fronckickrialk Ancela McAfister Title 14 List the name(s)of the person(s) who wifl serve as assistants, If applying as a qualified ofganization, each person must be a member or now member of the appliciro, Except for"Class A'ficensees,each person must submit an affidavit, 14a Norne 1411 Narne P� M,, .Ann Farr Pam Boe 14c 14d Name 15 Street address of the PHYSICAL location where live bingo Mil be played, 600 S Idaho Rd, Apache JUnction,AZZ,85119 --—------- 16 Garnes of Nn rr musat not exceed 5 d fli be-PW d- gy week, indicate the time on each re�pectiye 2 �pl N MON TUE WED THUR SAT--- 0a ni, 0aln r 0 :30 -9 3 Corninuedon page 3 4 J )...... ................................... .. . ....................................A-rixo-'n'a' F"o'r-m-83-3. ..... ................ ................................... :'Appttcant"04�arnrr(as shown an page Pock, Shadows RV Res rt AFPLICATION FOR WNG0 LICENSE 17 Indicate the type of premises where bingo osH Isp pgiyed, Checkonobox, a Lq NeRher refit nor mortgage will be ped horn bingo funds,, is 0 Rented or�eased, Attach rentaf affiddivit andcopy of rental agreement. Landlord"s Name Address-Numher and St000,RuraI Rt Apt,W —Sta—te -7—PC-o—de Owned soiely by the organization, Attach of mortgage, deed of trust, purchase agreement, escrow agreement, other reiSted document: Holder of Mongage Address-Number and Street,Runs Rt�Apt�No, Vephone Number(voth area code) City State ZIP Code d Owned jointly with other orgarrization, Attach qgW of nxtrlgagrt�deed of trust,purchase agroement, escrow agreement, or other re/ated docum.ent: 1) ;W:T—KJ�WWT�i—ort age Address-Number and Street,RurW Rt.,Apt,No Code) City State ZIP Code 2) Co�Ownpr Haider Addars,;-Number and Skeet,Rural RL,Apt No, alea ccrde) City staltP zip Code 3) Co�Owner Htodev Address-Numtxfrafid Street,Rurat fft�,Apt, No, Itriephone Number(with area cxrxie) city State Dp Code .............. 18 Ust bingo licensees who are or will be conducting bingo in the same prsirrr�ses as you and those licensees kicated within 1,000 feet of your premises, 18a Name 18b Name N/A —Rural Rr —Address-Number A—pt. Se0e ZIP Code City State ZIP Code Confinued on page 4 4 ............... ................-........... ...............-1-1--l-,", ADOR 10334(2120) Arizona Fonn 633 Pays 3 of 5 AT;�irc_15n, aF5W'6r1 page 1) APPLICATION FOR BINGO LICENSE, 19 Expected b�ngo expenses, a Mortgage pet month Payable to Address-Number wid Street,Rural Rt,Apt,No ?Iumber(with area code) City staVy ZW Code b Rent: per month hour 0 occasion Payable to Address-Number and Street,Rural Rt Apr,No ZM-Cade---------- c JardusiW Services: ........ per 0 trionth C3 hour 0 occasion Payable to Address--Number and Street,Rval Rt, Apt.No. ...d,J) Oty State ZIP Code d Accounting Services-, per C3 month hour (-I occasion aya>e to Address-Nurotstr and Street,Rural RL,Api No, pty State ZIP Code e Security Services, per month hour, occasion yable to Address-Number and Stroet,Rura�RL,Apt,No, -state ZIP Code f Bingo Supplies" $,150�_00 per month pPayable to Address-,Number and Street,Rural Rt,�Apt,No, F ' Cactus Bin, o 3210 E Roeser Rd Telephone number(with area code) City State ZIP cocie 602' 268-L2848 Phoenix AZ 85040 20 Who is your live bingo supplier? (For ali bingo supplies). Do you foresee purchasing/renling machines as`Ieclrntoog�cal aids for your live bingo games? Cactus Bingo Supply Do not forsee purchasing/renting machines, Continued on page 5 4 ........................................................... ....... ....... Arizona Forrn$33 ,,00OR 10334(2120'� �d 4"K"1", 1"0 �Alph� APPLICATION FOR BINGO LICENSE F1, Linda Driver under penaliv of perjuryand upon oath,declare that I air duly authorized tosign andii,file this application, I herehyswear or confirin that I have read the floregoing application and know the contenis thercofmd diat 'J�j ,dl inf'ormation provided has been fully,accurately,and truthfully completed to the best of my knowledge. ITL Please mail to: Arizona Department of Revenue 1600 W Monroe Street,Division Code 22 Phoenix,AZ 85007 IT(602)716-7801 REVENUE USE ONLY.DO NOT MARK IN THIS AREA� C3 Approved C3 Disapproved Class A License C3 Class B License Class C License X lraiiofl� Reviewer's Name heesse print) D a tta Urense Number Eiffective Date Es�ij ADC',R 10334(2120) Arizona Form 833 --ERK'S n orser!Lent� Bingo Local Governing Body FOR OFFICIAL USE ONLY PURSUANT TO A�R,S, §5-404�A • License Applicants: Compiete lines 2,3,and 4, Submit with entire license package to governing b(,,xJ�� • Local Governing Body: Complete and return with license package to the Department of Revenue Bingo Section. XR�S,§§5-409 and 5-410 r ............ ILicense Number New Appfication Change of Location From(Name of iocal governing body) REVENUE USE ONLY DO NOT MARK IN THIS AREA, X) Ee,83 pty Ptione No,(wnh area code) P PM R 5 I This is to certify that on a hearing was conducted pursuant to Arizona Revised Statute, Title 5, Chapter 4,in the matter of, 0 Application for a bingo license by the following applicant, [I Application for a bingo license location transfer. 2 Applicant's Name Rock Shadows RV Resort 3 Location/Address where live bingo will be cond City 1',3tate IZIP Code 600 S Idaho Rd junction 851,19 4 Fill in the time on the days live bingo will be playe& SU M TUE WED THUR FRI S;kT 08 M, Oa M, Oa�m, oa,m, O&M, cla,m� oa�ml . ..... op,m, 5 Who is your live bingo supplier? �9-3—ct tLq-B LnAq§-u Pj-)!Y 6 Recommendation for the application" 0 Approved 0 Disapproved 7 Specific reasons for disapprovai are hereby listed pursuant to A,R�S,§5-404A ........... -T-,-h-,-i's--en,do--r-s e-,m",-e-n—tm--u-'s-t'-b-,e---s-i-g,-n...e-d-b,-y.....a`--d-elegated authority of the local governing body, TITLE [31ATE ................ ................ Please mail to: Arizona Department of Revenue 1600 W Monroe Street,Division Code 22 Phoenix,AZ $6007 iff(602) ?16-7801 ......... ...... .............. 0 A FFIf(3 0I-V r . T V, ,,",I,,"", ","I 11,,':� I','f1l) (I GreeningAmy From: AdhenAlegha Sent: Wednesday, November 13' 20243:59PM To: Amy Greening Co: Donna Scruggs; Dana Tucker, Yvette McKinney;Tina Gerola; Danny SaIdana; Richard Mooney; Rudy Esquivias Subject: RE: Rock Shadows RV Resort Bingo License Amy, Building Safety and Inspections Division recommends approval of this yearly event at Rock Shadows RV Resort. Thonkyou' Adrian AUegr^a Building and Safety Manager / Building Official Devekopment Services / Building Safety and Inspections Division City of Apache Junction 300E. Superstition Blvd. Apache Junction, 4S 85119 480-474-5494, Off ice Hours- Monday—Thursday 7:00am—6:00pm, Ctosed on Fridays From:Amy Greening<a8reenin8@apoch<junctionaz.8ov» Sent:Wednesday, November 13, 2U242:46PM To: Danny SaIdana<dsaidana@apachejunctionaz.gov>;Tina Gerola<tina.gerola@sfmd.az.gov>; Richard Mooney «richa rd.moo ney@sfmd.az0ov»;Adrian AleQria<aa|eQria@apachejunctionoz.0ov>; Rudy Esquiviao «resquivias@apache]unctionaz.0ov» Cc: Donna Scruggs<dscruggs@apachejunctionaz.gov>; Dana Tucker<dtucker@apachejunctionaz.gov>;Yvette McKinney <nnckinney@apachejunctionaz.Qov> Subject: Rock Shadows RV Resort Bingo License Good Afternoon, The City Clerk's office has received a renewal Bingo License application from Linda Driver with the Rock Shadows RV Resort, located at6OOS. Idaho Rd.,Apache Junction,AZO5119. They have had a bingo license for the past several years with noissues. Time is of the essence with this application, as it is due to be presented through a Public Hearing with our City Council et the November 1S'2O24, meeting. 1 We apologize for the inconvenience; Evie has been out sick for the past week, so the email was missed being sent sooner. I also do not have their current application to attach to this email(I have attached a previous one). Evie will send it over the current application tomorrow morning if needed. Due to this.EXTREME-,urgency, I am requesting your inspection comments be submitted to me notater-than-12:00 R.M-.--Or!ThLtrs��,RQvember--1-4.-2024. Thank you very much for prompt attention! Administrative Assistant City Clerk's Office 2gLe�nin @.q�he-*�unctio�naz.g_gv 480-982-8002 City of Apache Junction 300 E. Superstition Blvd. Building C Apache Junction, AZ 85119 Follow Us On: ILA 15 1 Cily Holl Hours s-)f Operation 7AM--6PM, ,Monday ihrougnThursday, 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 GreeningAmy From: DennySa|danu Sent: Wednesday, November 13' 20244:O8PM To: Amy Greening;Tina Gerola; Richard Mooney;Adrian Alegria; Rudy Esquivias Co: Donna Scruggs; Dana Tucker;Yvette McKinney Subject: Re: Rock Shadows RV Resort Bingo License The Apache Junction Police Department has no concerns with the renewal of the license. Daniel S8lcl3h3 Lieutenant Apache Junction Police 480-474-2629 d58id8n8@8p8ChE1UDCtiOn3z.gOV Sent from O0V |Phon8 From: Amy Greening<agreening@apach 'unctionaz.gov> Sent: Wednesday, November 1S, 2O242:45PM To: Danny Sa|dana <dsa|dana@apaoh 'unctionaz.gov>; TinaGero|a <tine.gero|a@sfmnd.az.gov>; Richard Mooney<rioha rd.moon ey@sfrnd.az.gov>; Adrian A|egria <aa|egria@apacha'unctiongz.gov>; Rudy Esquivias <resquivias@apach 'unctionaz.gnv> Cc: Donna Scruggs<dscruggs@apach 'unctinna7.gov>; DanaTuckar<dtucker@apoch 'unctinnaz.gov>; Yvette McKinney<nnCkinn8y@8pJCh 'unCti0n8z.g0v> Subject: Rock Shadows RV Resort Bingo License Good Afternoon, The City Clerk's office has received a renewal Bingo License application from Linda Driver with the Rock Shadows RV Resort, located atGUUS. Idaho Rd.,Apache Junction,AZD511S. They have had o bingo license for the past several years with noissues. Time is of the essence with this application, as it is due to be presented through a Public Hearing with our City Council mt the November 1S, 2024' meeting. We apologize for the inconvenience; Evie has been out sick for the past week, so the email was missed being sent sooner. I also do not have their current application to attach to this email(I have attached a previous one). Evio vviK send it over the current application tomorrow morning ifneeded. Due to this EXTREME urgency, | ann requesting your inspection comments be submitted tonne no tater than 12:00 p.m.on Thursday, November 14,2024. Thankyou very much for prompt attention! Administrative Assistant 1 City Clerk's Office ,q�eni�n@a�acheu�nctior�iaz- o�v 480-982-8002 j6 City of Apache Junction 300 E. Superstition Blvd. Building C Apache Junction, AZ 85119 Follow Us On: "I's.......n", Cily Hall Hours of Operation 7AM-6PM, MOnday ihrougriThursday, closed on Fridc)ys, 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: Wednesday, November 13, 2024 4:55 PM To: Amy Greening; Danny Salclana; Richard Mooney;Adrian Alegria; Rudy Esquivias Cc: Donna Scruggs; Dana Tucker;Yvette McKinney Subject: RE: [External] Rock Shadows RV Resort Bingo License Good evening. The SIFMID recommends approval of this Bingo License. Thank you! 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:Amy Greening<agreening@apachejunctionaz.gov> Sent:Wednesday, November 13, 2024 2:46 PM To: Danny Salclana<dsaidana@apachejunctionaz.gov>;Tina Gerola<Tina.Gerola@sfmd.az.gov>; Richard Mooney <Richard.Mooney@sfmd.az.gov>; Adrian Alegria <aalegria@apachejunctionaz.gov>; Rudy Esquivias <resquivias@apachejunctionaz.gov> Cc: Donna Scruggs<dscruggs@apachejunctionaz.gov>; Dana Tucker<dtucker@apachejunctionaz.gov>;Yvette McKinney <mckinney@apachejunctionaz.gov> Subject: Rock Shadows RV Resort Bingo License Good Afternoon, The City Clerk's office has received a renewal.Bingo License application from Linda Driver with the Rock Shadows RV Resort, Located at 600 S. Idaho Rd.,Apache Junction,AZ 85119. They have had a bingo license for the past severaL years with no issues. Time is of the essence with this application, as it is due to be presented through a Public Hearing with our City Council at the November 19,2024, meeting. We apologize for the inconvenience; Evie has been out sick for the past week, so the email.was missed being sent sooner. I also do not have their current application to attach to this email(I have attached a previous one). Evie wiLl.send it over the current appLication tomorrow morning if needed. Due to this.EXTREME-urgency, I am requesting your inspection comments be submitted to men-0--tate-r-than-12:00 p.m.on Thursday, November 14,2024. Thank you very much for prompt attention! Ant Administrative Assistant City Clerk's Office 480-982-8002 City of Apache Junction 300 E. Superstition Blvd. Building C Apache Junction, AZ 85119 Follow Us On: fill L�Tlj City Hall Hours of Operc,�fion 7AM-6PM, Monday ffirough 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: Rudy Esquivias Sent: Wednesday, November 13, 2024 6:40 PM To: Amy Greening; Danny Salclana;Tina Gerola; Richard Mooney;Adrian Alegria Cc: Donna Scruggs; Dana Tucker;Yvette McKinney Subject: RE: Rock Shadows RV Resort Bingo License Amy: Development Services has no zoning-related objections to this bingo license continuation request. As in the past, Bingo activity should be limited to Rock Shadows residents and their invited guests, in keeping with the retirement residential setting of the RV park community,Thanks, c&4 �[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. ) Om 4 am #40 - ,*-40* * *4 NwO*O 1,It a A ly It Scan the QR Code to provide customer service feedback! From:Amy Greening<agreening@apachejunctionaz.gov> Sent:Wednesday, November 13, 2024 2:46 PM To: Danny Salclana<dsaidana@apachejunctionaz.gov>;Tina Gerola<tina.gerola@sfmd.az.gov>; Richard Mooney <richa rd.moo ney@sfm d.az.gov>;Adrian Alegria<aalegria@apachejunctionaz.gov>; Rudy Esquivias <resquivias@apachejunctionaz.gov> Cc: Donna Scruggs<dscruggs@apachejunctionaz.gov>; Dana Tucker<dtucker@apachejunctionaz.gov>;Yvette McKinney <mckinney@apachejunctionaz.gov> Subject: Rock Shadows RV Resort Bingo License Good Afternoon, The City Clerk's office has received a renewal Bingo License application from Linda Driver with the Rock Shadows RV Resort, located at 600 S. Idaho Rd.,Apache Junction,AZ 85119. They have had a bingo license for the past several years with no issues. Time is of the essence with this application, as it is due to be presented through a Public Hearing with our City Council at the November 19,2024, meeting. We apologize for the inconvenience; Evie has been out sick for the past week, so the email was missed being sent sooner. I also do not have their current application to attach to this email(I have attached a previous one). Evie witi.send it over the current application tomorrow morning if needed. Due to this.EXTREME-urgency, I am requesting your inspection comments be submitted to me notater-than-12:00 p�.m,on-Tlhursday,November--1-4.2024. Thank you very much for prompt attention! APX61 Administrative Assistant City Clerk's Office 480-982-8002 City of Apache Junction 300 E. Superstition Blvd. Building C Apache Junction, AZ 85119 Follow Us On: City Hall Hours of Operalion 7AM-6PNA, t,,Aonday through 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 CITY COUNCIL MEETING ROLL CALL Date: // /1,2cw q Work Study Regular Special S: E: S:,9,"M E:S,,-Fo S: E: CITY COUNCIL: Present Ab/excu Present Ab/excu Present Ab/excu MAYOR WILSON VICE MAYOR SCHROEDER ---------- COUNC1-LMEM-BER--.--.CROSS ------- ----------- COUNCILMEMBER HECK COUNCILMEMBER JOHNSON COUNCILMEMBER NESSER ------—---------- COUNCILMEMBER SOLLER ------------ —------ TOTAL i('IL Present Ab/excu Present Ab/excu Present Ab/excu CITY STAFF: �-+- --------------- —------ City Manager Bryant Powell V/ Assistant City Manager Matt Busby 11 City Attorney Joel Stern I/ IT Director Doug Wirthgen Mrkt Comm Director Kayla Fulmer I/ Public Safety Director Michael Pooley --------—--------------- ---------- Public Safety Assistant JohnnyJohn --——------------ Dev Services Director Rudy Esquivias PW Director Ted Wolff —---------------- ------- ------- Parks& Rec Director Liz Langenbach Econ Director Patrick Ainsworth Library Director Pam Harrison Finance Director Angelie Hawley HR Director Anna McCray Water District Director Mike Loggins —----------------—-------------------- --—----------------------------- Municipal Judge Deputy City Clerk Evie McKinney Planning Manager Sidney Urias ----------------- -Buildin-g&Safety-Mg-r--AdrianA-legria —7- ------------- Senior Planner Kelsey Schattnik I/ Planner Erica Hernandez Planner Nick Leftwich PW Project Engineer Raquel Schatz ---------- City Engineer Emile Schmid I ------------- ------------ Management Anaylyst Rob Wistler 7 & Fornns""Roll Call City Council VOTE - ROLL CALL ITEM # MEETING OF A MOTION BY: SECONDED BY: 'V A NOTES: Lf"-t�,�z YES NO ABSTAINED CITY COUNCIL COUNCILMEMBER SOLLER -V/ VICE MAYOR SCHROEDER COUNCILMEMBER NESSER COUNCILMEMBER CROSS COUNCILMEMBER HECK COUNCILMEMBER JOHNSON v MAYOR WILSON TOTAL UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL SHEET 1 S:/5—Templates&Forms/Vote Call—City Council City Council ORDINANCE VOTE - ROLL CALL q ,, ITEM # 13— MEETING OF 7 MOTION BY: SECONDED BY: MOTION BY: SECONDED BY: iY1 NOTES. -3,A,C, -4, R-7 k� ES, NO EXCUSED ——------------- CITY COUNCIL: COUNCILMEMBER HECK COUNCILMEMBER CROSS VICE MAYOR SCHROEDER --CO-U-N-CI-LMEMBER NESSER ----------- ------- COUNCILMEMBER JOHNSON Ll ---—----------- COUNCILMEMBER SOLLER MAYOR WILSON TOTAL UNANIMOUS IN FAVOR OPPOSED EXCUSED YES NO EXCUSED CITY COUNCIL: COUNCILMEMBER SOLLER COUNCILMEMBER JOHNSON VICE MAYOR SCHROEDER —--------- COUNCILMEMBER NESSER LIZ -COUNCILMEMBER CROSS —------ COLINCILMEMBER HECK MAYOR WILSON TOTAL UNANIMOUS IN FAVOR I OPPOSED I EXOJSED S:/5-Templates&Forms/Vote Call-City Council City Council ORDINANCE VOTE - ROLL CALL ITEM # ' -) — ) �—47 --�O , , 4 — V"t MEETING OF /)` MOTION BY: Ut25.5 SECONDED BY: Jd—A—AAAz��2 MOTION BY: L14-� SECONDED BY.- �s 2ALL NOTES: ItAl AT Z Ptv YES NO EXCUSED CITY COUNCIL: SOUNCILIVIEMBER CROSS COUNCILMEMBER HECK VICE MAYOR SCHROEDER COUNCILMEMBER JOHNSON -COUNCILMEMBER SOLLER----- COUNCILMEMBER NESSER MAYOR WILSON TOTAL UNANIMOUS IN FAVOR OPPOSED EXCUSED YES NO EXCUSED CITY COUNCIL: COUNCILMEMBER NESSER COUNCILIVIEMBER JOHNSON L// COUNCILMEMBER CROSS COUNCILIVIEMBER HECK COUNCILMEMBER SOLLER VICE MAYOR SCHROEDER MAYOR WILSON TOTAL UNANIMOUS IN FAVOR I OPPOSED 1EXCUSED S:/5—Templates&Forms/Vote Call—City Council City Council ORDINANCE VOTE- ROLL CALL �14 q)_ ITEM # I MEETING OF zw MOTION BY: SECONDED BY: MOTION BY: SECONDED BY: NOTES: wen L t2- f)v V1 w a 00villa Car,- YES NO EXCUSED CITY COUNCIL: COUNCILMEMBER HECK COUNCILMEMBER SOLLER VICE MAYOR SCHROEDER v COUNC,ILMEMBER JOHNSON COLINCILMEMBER NESSER - ------------- —------ COLINCILMEMBER CROSS v MAYOR WILSON TOTAL UNANIMOUS IN FAVOR OPPOSED EXCUSED YES NO EXCUSED ------------ CITY COUNCIL: VICE MAYOR SCHROEDER LINCILMEMBER JOHNSON COUNCILMEMBER NESSER v COUNCILMEMB-ER SOLLER COUNCILMEMBER CROSS COUNCILMEMBER HECK ———------------ MAYOR WILSON TOTAL UNANIMOUS L*IN�FAV�OPPOSED �EXCUSED I S-,/5-Templates&Forms/Vote Call-City Council City Council VOTE - ROLL CALL ITEM # MEETING OF MOTION BY: SECONDED BY: NOTES: /?A-A,6 v ------------- YES -TIO N ABSTAINED CITY COUNCIL: COUNCILMEMBER NESSER COUNCILMEMBER JOHNSON COUNCILMEMBER CROSS COUNCILMEMBER HECK-----.— COUNCILMEMBER SOLLER VICE MAYOR SCHROEDER MAYOR WILSON �A TOTAL UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL Vote Sheet 2 S:/5—Templates&Forms/Vote Call—City Council Y CITY OF APACHE JUNCTION Mayor's Script Regular Meeting Tuesday, November 19, 2024 A. CALL TO ORDER I would like to call this City of Apache Junction Council Meeting of November 19, 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 November 5 2024. 3. Consideration of approval of procurement of a city fleet vehicle and equipment in the current budget year for the Public Works Facilities Maintenance Division for use by newly added Facilities Maintenance Technician. Purchase would be made through San Tan Ford utilizing Arizona State Cooperative contract #CTRO59323 in an amount not to exceed $ 61,867,11. Do I have a motion on the consent agenda? waitfor the motion ond the 2nd Roll Call E. AWARDS, PRESENTATIONS AND PROCLAMATIONS 4. Proclamation for"Commitment to Volunteerism in Apache Junction." F. REGIONAL INTERGOVERNMENTAL UPDATES /5. Regional Intergovernmental meeting updates from Council. G. CITY MANAGER'S REPORT V/ 6. City Manager's Report. Bryant to report Vl' 7. Staff Update from Marketing/Communications Director Kayla Fulmer. Call on Kayla 8. Announcement of Current Events Eli to report H. PUBLIC HEARINGS 9. Presentation, discussion, public hearing and consideration of Ordinance No. 1556. Call on Nick A. Any discussion among the council? council can discuss B. I will now open the Public Hearing. There is a 5-minute time limit, with a 1 minute warning that you will hear. Please state your name and address for the record. C. I will now close the public hearing and ask for a motion. waitfor the motion & the 2nd Roll Call Allow time for City Clerk to read Ordinance by Title Do I have the second motion to adopt Ordinance No. 1556? Roll Call L/10. Presentation, discussion, public hearing and consideration of Ordinance No. 1557. Call on Ms. Ko V, A. Any discussion among the council council can discuss B. I will now open the Public Hearing. There is a 5-minute time limit, with a 1 minute warning that you will hear. Please state your name and address for the record. C. I will now close the public hearing and ask for a motion. waitfor the motion & the 2nd Roll Call Allow time for City Clerk to read Ordinance by Title Do I have the second motion to adopt Ordinance No. 1557? Roll Call 11. Presentation, discussion, public hearing and consideration of Ordinance No. 1559. Call on N'IdWas"' A. Any discussion among the council? council can discuss V 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. waitfor the motion & the 2nd Roll Call Allow City Clerk to read Ordinance by Title Do I have the second motion to adopt Ordinance No. 1559? Roll Call 12. Presentation, discussion, public hearing and consideration of application for Class A Bingo License for Rock Shadows RV Resort. Call on Evie A. Any discussion among the council? council can discuss B. I will now open the Public Hearing. There is a 5 minute time limit, with a 1 minute warning that you will hear. Please state your name and address for the record. C. I will now close the public hearing and ask for a motion. Roll Call 1. OLD BUSINESS J. NEW BUSINESS K. COUNCIL DIRECTION TO STAFF 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. 11-19-2024 Consent Agenda Items Nos. 1-3 1 move the consent agenda be accepted and approved as presented. Item No. 9 — Public Hearing I MOVE THAT Ordinance No. 1556 be read by title only and the reading of the entire ordinance be waived. (Call upon the City Clerk to read Ordinance No. 1556 by title only) I MOVE THAT Ordinance No. 1556, as read by the City Clerk, (be approved and adopted) or(be denied). OR I MOVE THAT Ordinance No.1556, as read by the City Clerk, be approved and adopted with the following amendments.- Item No. 10 — Public Hearing I MOVE THAT Ordinance No. 1557 be read by title only and the reading of the entire ordinance be waived. (Call upon the City Clerk to read Ordinance No. 1557 by title only) I MOVE THAT Ordinance No. 1557, as read by the City Clerk, (be approved and adopted) or(be denied). OR I MOVE THAT Ordinance No.1557, as read by the City Clerk, be approved and adopted with the following amendments: Item No. 11 — Public Hearing I MOVE THAT Ordinance No. 1559 be read by title only and the reading of the entire ordinance be waived. (Call upon the City Clerk to read Ordinance No. 1559 by title only) I MOVE THAT Ordinance No. 1559, as read by the City Clerk, (be approved and adopted) or(be denied). OR I MOVE THAT Ordinance No.1559, as read by the City Clerk, be approved and adopted with the following amendments: Item No. 12— Public Hearing Bingo License I MOVE THAT the application for a Class A Bingo license for Rock Shadows RV Resort be recommended to the Arizona Department of Revenue for(APPROVAL) or (DENIAL) (If denied must state the reason.) 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 #:-_ /I I would like to speak on a Non-Agenda matter regarding: < Do you wish to speak before Council on this item? Yes No— Only If Necessary —1 am in favor of the proposed Item. —1 am opposed to the proposed Item. First Name Last (PRINT) Address city Zip Code �-�V; telephone Email address This information will be used by staff for follow-up, if necessary. Speakers shall make comments directly to the Mayor and City Council when called up to speak at the podium. Note: Call to the Public comments have a three minute limit and Public Hearing comments have a five minute limit. Consent for Minor to be Audio and/or Video Recorded: 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)(9). 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 #: I would like to speak on a Non-Agenda matter regarding: Do you wish to speak before Council on this item? Yes__;Iz No— Only If Necessary —1 am in favor of the proposed Item. I am opposed to the proposed Item. (g)o First Name Last Name 7 (PRINT) Address V city 'tip Code C)_ "fe-leplione- Email a-ddress 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 rl appear on cable TV and the internet video stream showing their participation, A.R.S. 1-602 (A)(% §7ignatur /e of �,6�fn(�.uarqian Date 08/26/2019 Date: if, I q,2- CITY OF APACHE JUNCTION t 6 REQUEST TO SPEAK FORM Please fill out completely and return to the City Clerk PRIOR to the conclusion of the City Manager's Report portion of the agenda. I would like to speak on Agenda Item #: I would like to speak on a Non-Agenda matter regarding: --- A Do you wish to speak before Council on this item? Yes__\,-' No_ Only If Necessary —1 am in favor of the proposed Item. I am opposed to the proposed Item. J,-&A In r, a tv— First Name Last Name (PRINT) �z P�(L Address city zip Code� 4�0 ,70<? -62W, 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 Hearliqg_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)(% S:kg'naturie of Parent/Guardian Date 08/26/2019