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HomeMy WebLinkAbout2025 02.18 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, February 18,2025 7:00 PM City Council Chambers A. CALL TO ORDER B. INVOCATION AND PLEDGE OF ALLEGIANCE C. ROLL CALL D. CONSENT AGENDA The council may, at this time, take single action on any or all items listed as consent agenda items. These may include, but are not limited to, acceptance of agenda, acceptance of minutes, appointments, acceptance of resignations and adoption of certain resolutions and other items which do not require a public hearing. The consent agenda is a timesaving device of which the mayor and city council is to receive documentation on these items from the city manager for their review prior to the meeting. Any member of the council may remove any item from the consent agenda for discussion and cause a separate vote on the matter later in the agenda. 1. 25-014 Consideration of acceptance of agenda. Sponsors: Evie McKinney 2. 25-015 Consideration of approval of minutes of the regular meeting of February 4, 2025. Sponsors: Evie McKinney Attachments: CCMIN 2025 02 04 MINUTES CRAFT 3. 25-066 Consideration of award of contract to Cactus Asphalt for the slurry seal treatment of city streets at various locations. The work would be through Pinal County cooperative contract No. 234128ROQ in the amount of$485,499.00 plus a 10% contingency for unforeseen change orders in the amount of$48,549.90 for a total project cost not to exceed $534,048.90. Work will result in a new protective wearing surface prolonging street life. Work is planned to take place within the month of March 2025. Sponsors: Shane Kiesow Attachments: City Council Memo-SST25-01Cactus RS Feb2025.pdf Agreement SST25-01 Cactus As halt. df City of Apache Junction,Arizona Page 1 Printed on 2/12/2025 City Council Meeting Agenda February 18,2025 4. 25-075 Consideration of award of contract for Prospector Park Drainage to Primary Construction Inc. in an amount not to exceed $359,952.73 which includes a 5% contingency. Sponsors: Dave Butler Attachments: PP DRAINAGE PROJECT-BIDS PRESENTATION (0� Staff Memo-Award of Contract.doc PP 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. 5. 25-033 Proclamation for"Human Trafficking Awareness- Not in Our City." Sponsors: Evie McKinney Attachments: 02 2025 Human TraffiqKbgAAq[qnq§�s 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. 6. 25-016 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. 7. 25-017 City Manager's Report. Sponsors. Bryant Powell 8. 25-045 Introduction and discussion with the city's newly hired Economic Development Director, Ryan Kaup. Sponsors: Bryant Powell 9. 25-018 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 211212025 City Council Meeting Agenda February 18,2025 10. 2 -073 Presentation, discussion, public hearing, and consideration of Ordinance No. 1563, a text amendment adopting by reference that certain document titled "2025 Amendments to the Apache Junction City Code, Volume ll, Land Development Code, Chapter 1: Zoning Ordinance, Article 1-5: Zoning Bulk and Use Regulations, § 1-5-1 Residential Use Regulations and § 1-5-3 Non-Residential Use Regulations"; repealing any conflicting provisions; and providing for severability. Sponsors: Nicholas Leftwich Attachments: P-24-1-AM 2-18-25 CC Merno.pdf P-24-1-AM Staff Report 1-14-25.pdf Ordinance No, 1563.pdf Resolution No. 25-01.pdf 2025 Amendments to AlCC Vol. EI, Ch. 1,Article 1-5.pdf P-24-1-AM Amendment Redlines,pdf P-24-1-AM Presentation 2-18-25.pdf 11. -074 Presentation, discussion, public hearing, and consideration of Resolution No. 25-01, declaring as a public record that certain document filed with the City Clerk and titled "2025 Amendments to the Apache Junction City Code, Volume ll, Land Development Code, Chapter 1: Zoning Ordinance,Article 1-5: Zoning Bulk and Use Regulations, § 1-5-1 Residential Use Regulations and § 1-5-3 Non-Residential Use Regulations"; repealing any conflicting provisions; and providing for severability. Sponsors: Nicholas Leftwich Attachments: P-24-1-AM 2-18-25 CC Memo. df P-24-1-AM Staff Report 1-14-25.pdf Ordinance No. 1563.pdf Resolution No.25-01. df 2025 Amendments to AJCC Vol. ll, Ch. 1,Article 1-5.pdf P-24-1-AM Amendment Redlines.pdf P-24-1-AM Presentation 2-18-25.pdf 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. City of Apache Junction,Arizona Page 3 Printed on 211212025 City Council Meeting Agenda February 18,2025 K. COUNCIL DIRECTION TO STAFF This item allows the mayor and city council to direct staff on specifically listed matters. 12. 25-077 Direction to staff to take any and all action and bring forth any and all resolutions necessary to change the mayoral term from 2 years to 4 years pursuant to AJCC, Vol. I, Ch. 2, Art 2-1, §2-1-1(B). Sponsors: Evie McKinney and Joel Stern Attachments: AJCC view Mayoral Terre 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. N. ADJOURNMENT Copies of this agenda and additional information on any of the items listed above may be obtained from the City Clerk's office located at 300 E Superstition Blvd,Apache Junction,AZ 85119, Monday through Thursday from 7:00a-6:00p, excluding holidays. The City of Apache Junction invites and welcomes people of all abilities to use our programs, sites and facilities. Specific requests may be made by contacting the Human Resources Office at(480)474-2617 or TDD(480)983-0095. The Apache Junction City Council may vote to go into Executive Session for legal advice on any item listed on this agenda pursuant to A.R.S. §38-431.03(A)(3);this notice is given pursuant to A.R.S. § 38-431.02 to the members of the City Council and the public. City of Apache Junction,Arizona Page 4 Printed on 211212025 City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No. 1. File ID: 25-014 Sponsor: Evie McKinney Agenda Date:2/18/2025 Index: In Control: City Council Meeting Consideration of acceptance of agenda. City of Apache Junction,Arizona Page 1 Printed on 211212025 City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No.2. File ID: 25-015 Sponsor: Evie McKinney Agenda Date:2/18/2025 Index: In Control: City Council Meeting Consideration of approval of minutes of the regular meeting of February 4, 2025. City of Apache Junction,Arizona Page 1 Printed on 211212025 City of Apache Junction, Arizona Meeting location: City Council Chambers at City Hall Meeting Minutes 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, February 4,2025 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 Heck gave the invocation and Councilmember Nesser 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, Acting City Clerk Joel Stern, City Attorney Michael Pooley, Police Chief Johnny John, Assistant Police Chief Angelie Hawley, Finance Director Rob Wisler, Management Analyst Eli Richardson, Management Analyst Shane Kiesow, Public Works Manager Sherell Waskiewicz, Purchasing Administrator D. CONSENT AGENDA Councilmember Heck 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 No: 0 City of Apache Junction,Arizona Page 1 City Council Meeting Meeting Minutes February 4,2025 1. 25-001 Consideration of acceptance of agenda. 2. 25-003 Consideration of approval of minutes of the regular meeting of January 21, 2025. 3. 25-037 Consideration of award of contract to Empire Power Systems for the installation of an emergency backup power generator for city hall. The work would be through the Sourcewell cooperative contract No. 092222-CAT in the amount not to exceed $582,500.00 which includes a project contingency of$50,000. Majority of the work is planned to be completed within March and April with the last of the generator equipment installed and connected in October/November. This item was previously presented at the council meeting on January 21, 2025. E. AWARDS, PRESENTATIONS AND PROCLAMATIONS F. REGIONAL INTERGOVERNMENTAL UPDATES 4. 25-004 Brief summary of intergovernmental updates from mayor and councilmembers. Councilmember Cross attended a couple of neighborhood meetings that the City hosts in the communities. He stated citizen concerns included water supply for future growth and hunting/shooting on the State Land Trust. He encouraged everyone to attend one of these meetings. Vice Mayor Schroeder went to Legislative Day at the state Capitol with Mayor Wilson. They spoke to elected officials and legislators about the food tax bill that is being proposed. If this bill were to pass it would be crippling to small towns that rely on this tax like Apache Junction does. Mayor Wilson attended a networking event and ribbon cutting for the Arizona Bluegrass Association at the Chamber of Commerce. At this event they spoke about their 3rd Annual Bluegrass Roundup, which Mayor Wilson also attended. He enjoyed the bluegrass music and the various bands that played. Mayor Wilson also spoke about the neighborhood meetings and the benefits of attending one. G. CITY MANAGER'S REPORT 5. 25-005 City Manager's Report. City Manager Bryant Powell stated updates will be provided on the food tax bill as they are available. He also spoke about the very important arterial in our community, Meridian Road. It is being studied by the region as lies between two counties and 3 cities and is mostly owned by the State Land Department. The Maricopa Association of Governments is holding an Open House on February 11, 2025, from 5:30 p.m. -7:00 p.m. at Desert Ridge Junior High School. This is to identify needed improvements to address existing and future travel needs and improve connectivity for drivers, bicyclists and pedestrians. City of Apache Junction,Arizona Page 2 City Council Meeting Meeting Minutes February 4,2025 6. 25-043 Presentation by Jill Shaw of Heinfeld, Meech & Co. on the city's annual financial audit. Auditor Jill Shaw for Heinfeld, Meech and Co. presented an overview of the City's annual financial audit. She explained the scope of the audit, the responsibilities of the Auditor and Management and highlighted important parts of the report. She stated the auditors did not find any significant deficiencies or material weaknesses. Councilmember Soller acknowledged the City and City Management for working together with the Auditors. 7. 25-006 Announcement of Current Events. Management Analyst Eli Richardson shared upcoming events: - Free Dump Week on February 3-8, 2025, from 6:00 a.m-4:00 p.m. at the Apache Junction Landfill, 4050 S. Tomahawk Road. Proof of residency must be provided. -2025 State of the City on February 12, 2025, at 5:30 p.m. It will take place at the Desert View Events Center, 2014 S. Starr Road, Apache Junction. -24th Annual Lost Dutchman Days Marathon on February 16, 2025. Register at lostdutchmanmarathon.org for the half marathon, 1 OK, 8K or the 2 mile fun run. The full marathon is currently sold out. -61st Annual Lost Dutchman Days Rodeo on February 21 -23, 2025. Pre-sale tickets can be bought at the Apache Junction Chamber of Commerce. -2025 Lost Dutchman Days Carnival on February 21 -23, 2025. Pre-sale tickets can be bought at the Apache Junction Chamber of Commerce for$35.00 or at the gate for$45.00. - Lost Dutchman Days Parade on February 22, 2025, at 9:00 a.m. H. PUBLIC HEARINGS 8. 25-023 Consideration of application for a new Series 6 Bar liquor license for First Water Cocktail Bar located at 1545 W. Broadway Ave#101-103, 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 Nesser that the application for a Series 6 Bar Liquor License submitted by Justin Evans for First Water Cocktail Bar 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 Acting City Clerk Evie McKinney stated the city received an application for a new Series 6 Bar Liquor License for First Water Cocktail Bar located at 1545 W. Broadway Ave, on December 23, 2024, and the Notice of Posting was placed at the establishment on January 13, 2025. The City of Apache Junction,Arizona Page 3 City Council Meeting Meeting Minutes February 4,2025 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 had no concerns. Business owner Justin Evans spoke about why he has applied for a second liquor license. Mayor Wilson opened the Public Hearing, receiving no comments from the public, he closed the public hearing and asked for a motion. 9. 25-024 Consideration of application for a new Series 6 Bar liquor license for The Wheelhouse Tavern located at 495 W. 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 Cross moved,seconded by Councilmember Nesser that the application for a Series 6 Bar Liquor License submitted by Chandra Lee Robinson for The Wheelhouse Tavern 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 Acting City Clerk Evie McKinney stated the city received an application for a new Series 6 Bar Liquor License for The Wheelhouse Tavern located at 495 W. Apache Trail, on December 23, 2024, and the Notice of Posting was placed at the establishment on January 13, 2025. 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. Development Services department stated the building is currently undergoing some remodeling work for which the owners are aware a building permit is required, along with plans drawn by an Arizona registrant. All four entities find compliance with the inspection requirements and recommend approval. Councilmember Heck asked if the business owners now own the building where this business will be located. Business owner Chandra Robinson explained how they bought this liquor license and acquired the location for the bar. Mayor Wilson opened the Public Hearing. Cindy Pierson, 269 N. Winchester, spoke in support of the approval of this liquor license. City of Apache Junction,Arizona Page 4 City Council Meeting Meeting Minutes February 4,2025 Mayor Wilson closed the public hearing and asked for a motion. I. OLD BUSINESS J. NEW BUSINESS 10. 2 -042 Presentation, discussion, and consideration of rejection of proposals for the downtown 10-acre property, RFP#2024-006, due to unresponsiveness. Vice Mayor Schroeder moved,seconded by Councilmember Nesser that the rejection of proposals for the downtown 10-acre property, RFP#2024-006 be approved. Yes: 7- Mayor Wilson, Vice Mayor Schroeder, Councilmember Nesser, Councilmember Heck, Councilmember Johnson, Councilmember Cross and Councilmember Soller No: 0 Purchasing Administrator Sherell Waskiewicz presented that on November 6, 2024, the city issued a Request for Proposal for the sale or ground lease and development of city-owned land. On January 9, 2025, the city received two responses: LDG Development and Old West Welding Service. Staff reviewed the responses and found that both submissions were unresponsive due to missing documentation. Councilmember concerns included why the bids were not the right fit and not needing to rush for this project. Assistant City Manager Matt Busby explained the proposals did not match up with our goals and we will try this again once the new Economic Development Director starts. K. COUNCIL DIRECTION TO STAFF L. SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES M. CALL TO PUBLIC Catherine Meek, 1327 S. Belair Road, Apache Junction, noted that free dump week has a limit of 500 pounds per person and thanked the Apache Junction Mounted Rangers for their help at the Superstition Mountain Museum events. She also commented on the City rain water flow on Highway 88. Nancy Andruschak, 925 N Plaza Drive#19, Apache Junction, commented on people feeding the pigeons in the City parks and her support for the office of Mayor being a 4 year term. Donna Carr, 2178 W.Virginia Street, Apache Junction, expressed her concern about marijuana smoke at Public events, free dump week rules, and her concern for reclaimed water. Councilmembers asked City staff if signs can be put out at public events regarding marijuana smoke and if citizens are feeding birds at City parks. City of Apache Junction,Arizona Page 5 City Council Meeting Meeting Minutes February 4,2V25 N. ADJOURNMENT Mayor Wilson adjourned the meeting at7:46p.m. ACCEPTED THIS DAY D . 2O25. BY THE MAYOR AND CITY COUNCIL DF THE CITY DF/\P/\CHE JUNCTION, AR|ZONA. SIGNED AND ATTESTED TD THIS DAY OF . 2025. VVALTER''CH|P''VV|LS{}N Mayor ATTEST: EV|EK4CK|NNEY Acting City Clerk City vr Apache Junction,Arizona Page City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No. 3. File ID: 25-066 Sponsor: Shane Kiesow Agenda Date:2/18/2025 Index: In Control: City Council Meeting Consideration of award of contract to Cactus Asphalt for the slurry seal treatment of city streets at various locations. The work would be through Pinal County cooperative contract No. 234128ROQ in the amount of$485,499.00 plus a 10% contingency for unforeseen change orders in the amount of$48,549.90 for a total project cost not to exceed $534,048.90. Work will result in a new protective wearing surface prolonging street life. Work is planned to take place within the month of March 2025. City of Apache Junction,Arizona Page 1 Printed on 211212025 Public Works Department Home of the Superstition Mountains :ter 6 Date: February 4, 2025 To: Mayor and Members of the City Council Through: Bryant Powell, City Manager Ted Wolf, Public Works Director From: Shane Kiesow, Public Works Manager Subject: Project# SST25-01 Consideration of Award City staff respectfully requests city council consideration of award of contract to Cactus Asphalt for project #SST25-01 for the slurry seal treatment of various streets within the city for a not to exceed amount including 10% contingency for unforeseens of$534,048.90. This work is allocated in the current fiscal year Street Sales Tax budget as part of Public Works Division's "Fiscal Year 2025 Capital Improvement and Street Maintenance Plan" discussed with city council in July 2024. The work involves the slurry seal of portions of Delaware Dr., Southern Ave., Baseline Ave., Tomahawk Rd., and local streets within the Grand View Place subdivision (area east of Delaware Dr., south of Apache Trail, west of Ironwood Dr. and north of Broadway Ave.). The work is expected to last for two weeks in early March 2025. Work would occur during the daytime hours only with limited impacts to vehicular traffic lanes and adjacent side streets and driveways. 575 E. Baseline Avenue, Apache Junction,AZ 85219 • Voice (480) 982-1055 • FAX (480) 983-5752 or (480) 982-8005 CITY OF APACHE JUNCTION STREET MAINTENANCE AGREEMENT PROJECT .. -01 "Fiscal Year 2025 Slurry " THIS AGREEMENT made and entered into by and between the CITY OF ArizonaAPACHE JUNCTION, an i i I corporation ("City"), referredASPHALT, an Arizona corporation, ("Contractor"), sometimes collectively "Parties", or individually ". RECITALS ContractorA. asserts its willingness, ability lifi ! s to provide the completed products, ises (the "Work") called for i Pinal County cooperative Contract , Contractor'sEstimate Documents"), or as more fully described in Exhibit A. B. City and Contractor desire to set forth hereintheir respective responsibilities rms upon which Contractor shall Work.complete the C. City has complied ipublic bidding it under Arizona Revised .") Title 34, and Apache Junctioni , Vol. !, Chapter 3: Administration, Article 3-7: Procedures, or such Work is categorically exempt from such process. AGREEMENT NOW, THEREFORE, City retainsContractor to r r agrees to render the Work in accordance withconditions as follows: 1. PROJECT DESCRIPTION: Contractor shall do and perform or cause to be done and performed in a good workmanliker set forth in accordancei IIy described in the Contract total2. PAYMENTS & COMPLETION: The amount payable by the City to the Contractor is an amount not to exceedr Hundred Eighty-Five Thousand Four Hundred Ninety-Nine Dollars and Zero Cents ($485,499.00) (the ") for the performance of the Work under the Contract All contracts will be operabletheir full termrates in the initial i I, unless otherwisein writingCity. Once City finds , City shall promptly submit for processing a certificate for payment stating that, to the best of its knowledge, information ibasis its observation inspection, r completed in accordancei r s and conditions i r the balance due the Contractor is payable. 3. CONTRACT TERM: Upon Notice r ceed given by the City, Contractorshall begin Work no sooner than MarchI complete it no later than June 14, 2025. Thisprovision s not limit the liability Contractor for actual damages sustained by CityI r f contract r warranty by Contractor. Extensionstimes Partiesthe II r . MATERIALS:4. LABOR AND s isprovided in the Contractr I provide, pay for and insure r the requisite laws and regulations II labor, materials, equipment, tools machinery, r, heat, utilities, transportation, other facilitiesservices propernecessary for the execution and completion temporaryr permanent, and whether or not incorporated or to be incorporated in the Work. QUALITY5. INSPECTIONS AND Contractor understands agreesand that inspection the Workr r r will occur by City. Contractorr s that Cityill have the exclusivei t i , in its sole discretion, rk has been performed in accordancei Contract Documents. Contractor s to make such corrections to e Work as may be directedi conform to saidContract . 6. WARRANTY: Contractor shall guarantee the Work againstdefective workmanshipr materials for a period ( ) year from the date of its final acceptance under the contract, ordinary wear and tear and unusual abuse or neglect excepted. Any omissionidefective Work r materials at the timemaintenance shall not be deemed an Contractoracceptance and will be required tiWork or materialsi Within ( ) year from the date of acceptancel in workmanshipmaterials, r II begin makingirs to the satisfactioniwithin fourteen (14) calendar s of receipti tice from City. Such Workshall include repair or replacement r materials making the above repairs or corrective work all at no additional cost to City. In the case of Work materialsequipment for whichwarranties it the special visi ct Documents, Contractor shall provide secure from the appropriate subcontractor or supplier suchwarranties addressedin favor of Cityi ity prior to final acceptance of the Work. Delivery r i s shall not relieve Contractor from any obligationr any other provision contract. The warrantiest rvi in thissubsection II be i addition in limitation of any ot r warrantees, guarantees or remedies required by law, and shall survive the expirationitime period i . 7. TAXES: Contractor shall pay alllicense, sales, transaction privilege, consumer, use and other similar for r portions thereof provided Contractorby ish are legally ime bids arei r or not yet effective or subsequently applicable due to acts of jurisdictions or bodies other than City. PERMITS8. i rvi in the Contract Contractor l secure and pay for all permits, governments, licenses inspections for icompletion work which are customarily r r executionwhich are legally required. r II give all notices and comply withlaws, ordinances, rules, regulations I orders of any publicibearing on the performance of the Work. Citypermits for this r ill be provided Contractor at no cost. Contractorr rlicense necessaryi is current li . Contractor understands that the activitydescribed herein si "doing business in the Cityion" and Contractor agrees to obtain business license pursuant to Chapter 8 of the Apache Junctioni I. I, and keep such license current during the termf this termination of i ime work is performedpursuant warrantyvisi in SectionContractor also the tax provision c ion Tax Code, Chapter 8A, may also apply and if so, shall obtain a transactionprivilege license / other licenses may be required by the cityactivity rwithin the corporatei limits ill invoke the same licensing i subcontractors, r ensures its to ill obtain II applicable licenses. Further, Contractor agrees to pay all applicable privilege applicable the activities, products services rvided under this Agreement. 9. lNDEPENDENT CONTRACTOR: Contractor shall at all times during Contractor's performance of the services retain s status independent contractor. Contractor's employees shall under no circumstances be considered Id to be employees or agents of City, i I have no obligation withhold rfederal taxes or provide workers' compensation or unemployment insurance for or on behalf Contractor. Contractor shall supervise and directdelivery materials usingits bestill and attention. s rvi in thisAgreement, Contractor shall be solely responsible f II construction means, methods, techniques, sequences and procedures, and for coordinating all portions of the Work required by the Contract Documents. Contractor shall be responsible City for the actsomissions its employees, subcontractors and their agents and employees and other persons providingWork. 10. I r shall employ a competent project superintendent II be in attendance at the projectsiduring the progress of the Work. The superintendents Il represent and be the community agent f Contractor and communicationsi superintendent II be as binding s if givent communications shall be confirmed in writing. designated i II be designatedr each project and communicated i is performed. 11. PROGRESS SCHEDULE: Contractor shall, immediately r entering into thisi rprogress schedule, which shall be maintained ! r c . Work may progress duringI r City businesshours only if it is determined by Citydisturb normal operations. . INDEMNIFICATION: fullest r i I Contractor shall defend, indemnify Id harmless C its elected appointedis r , officials, agents, and employees from and againstII liability including but not limited s, claims, actions, fees, costs expenses, including reasonabI r witness fees, arising from, r alleged to have arisenfrom, relating to, arisingII resulted from the acts, errors, mistakes, omissions, Work or services of Contractor, its agents, employees, or any tier of Contractor's subcontractors i the performance is Agreement, but only negligence, intentional l conduct of Contractorits subcontractorsin the performance of the Work under this Agreementr any subcontract. is duty to defend, holdharmless indemnify i , its special districts, electedi r rs, officials, agents, and employees II arise in connectioni l i , loss r expense that is ri Ie to bodily injury, sickness, disease, , or injury , impairment, sr ci including loss of use resulting ther r , caused by the Contractor's c r s, mistakes, omissions, work or services in the performancef this Agreementincluding any empI r r, any tier of Contractor's subcontractor or any other person for whose acts, errors, mistakes, omissions, Work or services r r may be legally liable, t only to the extent causedli ce, recklessness orintentional wrongful conduct of Contractor or any tier of Contractor's subcontractors personany other rr rs, mistakes, omissions, Work or services Contractor may be legally liable in the performance of the Work under thisr r subcontract. insurance coverage requirements set forth hereinill in no way be construeds limiting scope indemnity in this r rights and obligations r this Sectionshall survive i !on of this Agreement. 13. SUBCONTRACTORS: II subcontractors chosen by Contractor will subjectbe City' r II subcontractors shall be identified Contractor prior to awardcontract. Contractor shall make no substitutions for any subcontractor, person or entitypreviously i l of City. 14. APPLICABLE LAW AND VENUE: The terms ii is Agreement s yr interpreted in accordancei laws of the State of Arizona. Any actionlaw or in equityr i t Party for enforcingthe purpose of i r rights providedr in thisshall be tried in a court of competent jurisdictionin Pinal County, State of Arizona. PartiesThe i II provisions of law providingi proceedingsuch other county. In i shall bring sit to enforcer is Agreement or to recover any damagesfr and on breachaccount of the term or condition in this Agreement, it is mutually agreedili in suchi shall II costs including: II litigation and appeal expenses, collections, reasonable necessary witness fees and court costsi court i such action. . I Contractor, at its own expense, shall purchase maintain the herein stipulated ii insurance withis duly licensed, possessing a current , Inc. Ratingr is i the State of Arizona i lii forms satisfactory to City. II insurance required r i I be maintainedin full force and effect until all Work required r r the terms of the Agreement i satisfactorily completed r I ; failure , at the sole discretion of City, constitute a materialf this r . Contractor's ir Il be primary insurance s respects the City, insurance or self-insurance i i ity shall not contributei . Any failure tcomply i claim reporting r visi insurance affordedpolicies or any breach of an insurance policy warranty shall not affect coverage insurance li i s to protectCity. The insurance lii s, except Workers' Compensation, shall contain a waiver of transfer i r (subrogation) against City, its agents, officers, officials and employees for any claims arising out of Contractor's acts, errors, mistakes, issi s, Work or service. The insurance ici s may provider ish contains deductibles or self-insured retentions. ci I I self-insured i s shall not be applicableit respect to the coverageprovided ity under such policies. Contractor II be solelyresponsible r the deductible / iretention City,and its option, it r r to secure payment of such deductibles or self-insured retenti t an irrevocable unconditional letter of credit. City reserves the right request i within10) working days, certified is of any or all of the hereinrequired insurance policies and/or City shall not be obligated, review r to advise Contractor of any deficienciesi liiendorsements, receipt II not relieve t r be deemed a waiver of, City's right to insist isfulfillment tr c is obligations under this . The insurance policies, except Workers' Compensation and Professional Liability, it i Agreement, shall name City, its agents, officers, officials ii s. REQUIRED Commercial General Liability Contractor shall maintainCommercial General Liability insurance i limit not less than $1,000,000 for each occurrence with , rod ucts/Com p leted Operations $2,000,000 General Aggregatelimit. The policyshall include coverage for bodilyinjury, propertypersonal injury, completed ri blanket contractual r including, but not li i i iliassumed under the indemnification iions of this Agreement, i coverage ill be at least as broad as that on Insurance ServiceOffice, Inc. Policyr equivalent00011093, or the r . Such policy shall contain a severabilityinterest pr visi II not contain a sunset provision r commutation clause, r any provisionis I serve to limit itaction l i s. The Commercial General Liability additional insured endors II be at least s broad as the Insurance i Office, Inc.'s AdditionalInsured, r r the equivalentr shall include e Contractor's operations and productsI i . If required i Agreement, if Contractor sublets any part of the Work, Contractor shall purchasemaintain, II times during prosecution Work, r thisr and Contractor's Protective Liability insurance poli r bodily injury , including is may arise in the prosecutionr under this r . CoverageII be on an occurrence basisi limit less per occurrence, and the policyI issued same insurance that issues Contractor'sit General Liabilityinsurance. Automobile i ili Contractor I i in Commercial/Business Automobile Liabilityinsurance with a combinedi limit t bodily i less than $1,000,000 each occurrence with respect to Contractor's owned, hired, and non-owned vehicles assignedin performance of Contractor's Work. yr ill be at leasts broad asc , " ", (insuranceiOffice, Inc. Policy Formequivalent thereof). Such insurance shalli coverage loading off-loading hazards. If hazardous substances, materials or wastes are to be transported, endorsementshall be included cci limits bodily injury and property damage shall apply. Workers' Compensation Contractor shallcr r s' Compensation insurance cover obligations imposed by federal and state statutesi ri i i f Contractor's employees engaged i Employer's Liability insurance less than $100,000 for eachaccident, disease each employee, and $500,000 diseasepolicy limit. executionBy iAgreement, Contractor certifies asfollows: "l am awareprovisions - . which requires every employer to be insured against liability r ' compensationr to undertake self-insurancein accordancei provisions is chapter, ill comply withprovisions before commencingthe Workis ." ContractorIf has no employeesworkers' compensation insurance is required, r shall submit a declarationr affidavit istating and covenantingi insurance if and when Contractor employs any employees subject to coverage. In case any workis subcontracted, Contractor will require subcontractors provide r r ' Compensation and Employer's Liability insurance to at least the same extent s required . Certificates of Insurance Prior to commencingr services r this Agreement, shall furnish i itCertificates of Insurance, r formal endorsements asr it Agreement,by the issued by Contractor's i s (s), as evidencepolicies providing the reqit coverages, conditions and limits it this Agreementin fullr ifi is of insurance endorsementsand ll be subject ciCity Attorney's Office, shall complyi iAgreement, shall be issued and deliveredi iJunction, s Superstition Boulevard, Apache Junction, . In the event any insurance policies required is Agreement are written "claims basis, coverage shall extend for ) years past completion and acceptance of Contractor's Work and as evidencedI Certificates Insurance.of If a policy it ri life Agreement, renewal certificate must be sent to Cityi r days prior to the expiration . All Certificates of Insurance shall be identified ith bid serial r and title. Policies or certificatescompleted rms of City's Additional Insured Endorsement r a substantiallyequivalent insurance company form ac I to the City Attorney) evidencing coverage it is section shall be filed withi l include i s an additional insured. The policy or policies II be in the usual form of a publicliability insurance, II also include the followingr visi . "Solely s respects workif of the named insured r the CityJunction, it is agreed that the City Junctionits officersI r s additional insureds under this policy." Insurance required ri II not expire, canceled, trill withouti ( calendar s' prior writteni it . 16. CHANGE ORDERS: A change order is a writtenorder to Contractor, approved by the City representative, is ci is maintenance agreement authorizing in the Work or an adjustmentin the maintenancet sum or the maintenancertime. A change order signed by Contractorindicates it agreement therewith. i , withoutinvalidating i maintenance r changes in the Work within cope of the maintenance agreement consisting iti s, deletions r other revisions, the maintenance maintenance agreementi s accordingly. Alls changes i Work shall be authorizedII be performed under the applicable conditions i maintenance i representative shall have authorityr i t changes in the Workinvolving adjustment i i c t sum or extension of maintenance agreement time t inconsistent withintent of this maintenance II such changes shall be affectedi r and shall binding i r. 17. each i I iContractor themselves, ® their s, successors, assigns and legal representativest s, successors, assigns and legal representatives of such other Party in respect to all covenants, agreements and obligationscontained in the contract documents. NeitherI assign the contract or sublet it as a wholer delegates the duties thereunder, without the written shall Contractorassign i it without previousi City. WRITTEN18. i tic II be deemed to have been duly served if deliveredin personindividual r entity, or to an officei it wasit r if delivered at or sent registered or certifiedmail, return receiptis postage prepaid the last businesss i s the notice. Should19. CLAIMS FOR DAMAGES: i r Party to the contract suffer injury I property because of any act or omission other Party or of their employees or agents for whose acts they areI i I , claims in writingr parties withinItime after the first injury r damages. 20. PAYMENT & PERFORMANCE BONDS: City shall have the right require Contractorto furnishi it performance of the contract and the payment of all obligationsarising r it , standard bond forms must be completedy Contractor, and Contractor agrees to conformprovisions set forth in such forms. Contractor21. SAFETY: and/or its subcontractors shall be solely responsible safety at alltimes. REMEDIES: i li i imposed Contract rights i it lshall be i addition limitation of any duti s, obligations, rights remedies otherwise imposed or available by law. No actionitCity or Contractor shall constitute iright under the contract, nor shall any actionit t constitute acquiescenceof or an r r except as may be specifically agreed to in writing. Neitheri r Contractor, as the case may II be considered its obligations under this Agreementin the event of enforced delayI " s beyond its control and withoutits fault or negligencefailure i applicablelaws, including, i , fires, floods, epidemics, pandemics, quarantine, restrictions, s, labor disputes, and unusually severer the delaysi I such causes, acts of a publicr, terrorism or act of terror (including but not limited i - ris r c - rr ris ), nuclear radiation, blockade, insurrection, i t, labor strike interruption, extortion, sabotage, or similar occurrence r any exerciser of eminenti r I body on behalf of any publicentity, or a declarationmoratorium r similar its t or ) by any publicentity directly c ! the obligations i Agreement. In no event will Enforced Delayinclude any delay resultingunavailability for any reason of labor shortages, or the unavailability reason of particular Contractors, subcontractors, vendors r investors desiredContractor in connectioni li ! is Contractor agrees that Contractor alone will bear all risks delay which areDelay. In the event of the occurrence Enforcedi r times for performanceobligations claiming dI !I be extended for a periodr Iay; provided, however, that the Party seekingfit of the provisionsiSection shall, within thirty ) calendar days after such Party knows or should know of any such EnforcedDelay, first notify the other Party of the specifici writing claim ight to an extension for the periodEnforced Delay; and provided r that in no event shall a periodDelay ninety ) calendar days. TERMINATION:24. TERMINATIONA. ITY: City shall be permittedterminate this re if in isc ion of the city manager or hisr designee, they believe Contractor it terms of thisAgreement. City shall provide Noticer i i r by Certifiedit ten (10) calendarr such r i i . B. TERMINATION BY CONTRACTOR: Contractor may terminate this Agreement if Cityfails to make payment as agreedin thisdocument. otherAny termination will be deemed a breach of contractr c r. Contractor shall provide NoticeTermination iCertified it ten ) calendar days before such terminations effect. 25. RECORDS: Records of Contractor's labor, payroll and other costs pertaining to i II be kept on a generallyrecognized ti basis available i r inspection on request. Contr r shall maintain records for a periodl ( ) years aftertermination i Agreementl records it Iduring retention ri r examination or audit by Citypersonnel during regular business hours. 26. AMENDMENT: It is mutuallyunderstood agreed alteration or variation iions of this Agreements II be valid unless in writingi i that oral 1 understandings t incorporated ri II not be binding Parties.the i Parties (signatory below or hisdesignee, and the Cityi i ), shall be authorized extensions is Agreement. 27. ENTIRE AGREEMENT: This Agreementattachments represent ire agreement between Cityr and supersede all priori i s, representationsi r implied, writtenis mutuallyalteration variation terms ii s of thisI be validunless made in writingi ies hereto. Writtensigned amendments shall automatically i , and ll supersede any inconsistent rviitherein; provided, , that any apparent inconsistency I , if possible, by construing provisions s mutually complementary 28. I ITY: City and Contractor each believeexecution, delivery i r in compliance it applicable laws. However, i iprovision i Agreement is declared voidunenforceable is construed as requiring City to do any act in violationapplicable s, including any constit i provision, i iprovision II be deemed severed from thisr i t shall otherwisei in fullr provided that thisII retroactively be deemed reformed extentthe reasonably possiblein such a manner so that the reformed related(and any iprovide s ti Il the same rightsi (economic otherwise) to the Partiesif such severance and reformation it Unless i i applicable laws, the Partiest shall perform all acts and execute, acknowledge and/or deliver all amendments, instruments r accomplish to give effect to the purposesi r as reformed. 29. TIME IS OF THE ESSENCE: Time is of the essencei n all provisions in thisI in performanceeither Party shall constitutei I breach of this . 30. CONFLICT OF INTEREST: This Agreementis subject to, and maybe terminatedi in accordance with, the provisions - . Parties31. PROHIBITION TO CONTRACT WITH CONTRACTORS WHO ENGAGE IN BOYCOTT OF THE STATE OF ISRAEL: The IA.R.S. 35-393 through -393.03, as amended, which forbidspublic entities contracting wi r in boycotts of the State of Israel. ContractorShould i in any such boycott against Israel,State of this Agreement shallautomatically i operationsuch boycott is a material breach of contract. 32. CERTIFICATION PURSUANT TO A.R.S. - In accordance with Arizonaised Statutes § 35-394, Contractor hereby certifies and agrees Contractorthat l II not for the durationis Agreement use: ) the forced labor of ethnic Uyghurs in the People's Republic China, ) any servicess produced by the forcedlabor of ethnic Uyghurs in the People'sRepublic China, and/or ) any suppliers, contractors or subcontractors labor or any servicesr goods produced by the forced labor of ethnic Uyghurs in the People'sRepublic China. If becomesContractor aware duringterm of thisis not in compliancei is Section, then Contractor shall notify the Citywithin five (5) business days after becoming aware of such noncompliance. If Contractor s not providei ith written certification that Contrac remediedhas c li c within i s after notifying the City of such noncompliance, this Agreement shall terminate, except that if the Agreementtermination t occurs before the end of such one hundred i remedy period, this Agreement shall terminate contract termination date. COMPLIANCE33. understands and acknowledges the applicabilityiwith Disabilities Immigration Refor l Act Free Workplace rvic s performed under this Agreement. As required 1, Contractor hereby warrantsits compliance with all federal immigration laws and regulationsrelate to its employees and A.R.S. - ). Contractor further warrantshiring , Contractor ill verify the employmentli i ili Ioyee through the E- Verify program. Contractor uses any subcontractors in performance services, s shall warrant their compliance withall federal immigration regulations relate its employees - ( subcontractors shall further warrantr hiring an employee, such subcontractor verifies the employmentli i ili Ithrough the E-Verify program. is warranty shall be deemed a material breach of the Agreement that is subject to penaltiesincluding termination of i reement. Contractor is subject to a penalty day r the first violation, $500 per day for the second violation, day for the third violation. i its option may terminatei t after the third violation. I in material breach of this Agreementif the Contractor and/or subcontractors establis compliance i the employment verificationprovisions of Sectionsl Immigration and Nati lit ct and the E-Verify requirements contained i . - ( ). City retains legal right to inspect Contractorc cr employee who works under this Agreement subcontractorensure that the Contractor or is complyingit . Any inspection will be conducted after reasonabletic reasonable 1 times. If state law is amended, the Partiesmodify iconsistent with state law. PartiesIN WITNESS WHEREOF the rthis Agreement to signedbe it duly authorizedi s of this day of CONTRACTOR:, 2025. CACTUS ASPHALT, an Arizona corporation ,l�s e Swarkz�aadraab�e�9aer��,2�d25 P.A:26 N&S7J....:. . Josh Swartzendruber Vice r i CITY: JUNCTION,CITY OF APACHE , an Arizona municipal corporation WalteriWilson Mayor Evie McKinney Deputy City Clerk APPROVED AS TO FORM: Richard r City Attorney Exhibit F CITY OF Apache Junction Contact: Shane Kiesow 575 E.Baseline Road one: ( 0)92-1055 Apache Jun 'on„AZ 85219 Fax: ( 80)983-5752 Project 2025 SLURRY SEAL Bid Number: Project Location: Various,Apache Junction,AZ Bidate: 1/15/2025 DescriptionEstimated nit Unit Pricet I c 5-10 Slurry Seal Binder: LCS, >100 TNS 137.00 TON $957.00 $131,109.00 5-20 Slurry al Aggregate(Type II): 1,09 .00 TON $10.00 $153,160.00 P PROVIDED BY . 5-23 Traffic Control-Slurry And Micro Seal(Based On Binder 137.00 TON $115.00 $1 ,755.00 TON) 7-1 Remove Thermoplastic Stripe 2,636.00 LF $1.00 $2,636.00 Obliterate: 2 EA-Thermo Stop Bars 1 EA-Thermo Crosswalk 1,053 LF-Thermo Edge Line Striping 75 LF-Thermo Left Turn Lane Total 910 LF-Thermo Double Yellow 7-3 Remove Raised Pavement Marker 1,560.00 EACH $3.15 $4,914.00 7-4 15 Mil(4")White Traffic Paint Stripe 32,310.00 LF $0.20 $6,462.00 7-5 15 Mil(4")Yellow Traffic Paint Stripe 30,22 .00 LF $0.20 $6,045.60 7-6 Paint Symbol-Arrow 12.00 EACH $70.00 $840.00 7-8 Paint Symbol-Bike Lane Marking Set 1.00 EACH $130.00 $130.00 7-10 60 Mil( ")White Thermoplastic Traffic Stripe 32,310.00 0.55 $17,770.50 7-11 60 Mil(4")Yellow Thermoplastic Traffic Stripe 30,228.00 0.55 $16,625.40 7-13 Thermoplastic Symbol-Arrow,90 Mil 12. 0 EACH $205.00 $2,460.00 7-15 Thermoplastic Symbol-Bike Lane Marking Set,90 Mil 1.00 EACH $20.00 $240.00 7-25 Reflectorized Raised Pavement Marker(Type D,Yellow 2- 750.00 EACH $5.10 $3,825.00 Way) 7-26 Reflectorized Raised Pavement Marker(Type G,Clear 1- 800.00 EACH $5.10 $4,080.00 Way) 7-28 Refilectorized Raised Pavement Marker(Type 911-A,Blue 10.00 EACH $10.00 $100.00 2-Way) 9-1 Traffic Control(Not For Items No. 1.5) 2 .00 375.00 $9,000.00 TC For Striping,Obliteration And Survey 9-2 Message Board(Per Unit Per Day) 72.00 DY $95.00 $6,840.00 9-3 Uniformed Off-Duty Law Enforcement Officer&Official 432.00 HR $100.00 $43,200.00 Vehicle 9-4 Flagging Services(Hours Vary By Job) 360.00 HR $50.00 $1 ,000.00 9-6 Document EAsting Pavement Markings 80.00 250.00 $20,000.00 9-8 Paved Surface Cleaning: 15.53 MI 1,050.00 $16,306.50 109,336 SY/7,00 SY/ ile 9-9 Community Relations 2 .00 H 50.00 $ ,000.00 Total Bid Price: $485,499.00 Notes: Pricing basedoff Final CountV 30C 234128ROQ 1/20/2025 12:51:49 PM Page 1 of 5 Paving Seal Coating Crack Sealing Patching Chip Sealing Fabric Overlay - More Contractors Licenses:AZ- 194430 NV- 0040581 N -022995 UT-944049-5501 t623-907-2 00 f 23-907-2900 cactusasphalt.com 8211 W.Sher an St. Tolleson,AZ 85353 : CITY OF Apache Junction Con Shane Kiesow Address: 575 E. Baseline Road one: ( 0)92-1055 Apache Junction,,AZ 8521 Fax: (4 0)9 3-5752 Project 2025 SLURRY SEAL Bid Number: Project Location: Various,Apache Junction,AZ Bid1/15/2025 •Standard Terms and Conditions to follow. •All work quoted above is scheduled on an"as available"basis unless otherwise stated. Cactus encourages customers to verify dates as soon as possible and realize that schedule issues and or changes on your project may mean you will be moved back to our next available date behind other customers who have met their intended schedule. Your project will not be formally scheduled without a bindingletter of intent or a formal contract. We apologize for any inconvenience,but we value our relationships with all customers. •All scheduling contingent upon mutual agreement of Owner and Cactus Asphalt. •Prices above based on completing each task in one mobilization.If an additional mobilization is required,charges may apply. •quoted prices are valid for 14 days unless otherwise noted, PO or letter of intent to award required to lock pricing past 14 days. Final material pricing expires 3 months from quote date with PO or LOI. •Cactus is not responsible for notification,nor removal of vehicles and property from work areas. Cactus will require this proposal with exclusions be included in any contractual agreement. •Unit prices above include all applicable State,County&City x for contracting. •In the event that quantities differ from above,billing will reflect agreed upon measured quantities. •EXCLUSIONS(Unless Otherwise Specified): Bonds,Permits,Plans,Engineering,Survey,Staking,Traffic Control, Construction Water, -Builts,Testing,Inspection,Clear&Grubb,Grading,Landscape Repairs,Weed Killer,Crack Routing, Crack-Sealing,Curb Line/Joint Sealing,Asphalt Patching,ABC,Landscape Materials,Vegetation Replacement, Preservative Seals,Prime Coats,Concrete Structures,Irrigation/Pipe Work,All Underground Items,Utility Removal or Relocation, Drywells,Rip/Rap,Structural Backfill,Striping,Curb Painting,New Signage,Parking Bumpers Removal or Replacement, Import,Export,Excavation,Sugrade Stabilization,Removal of Debris Generated by Other Trades,Erosion Control,S PPP, Thickened Pavement Edge,Project Information Sign And Any Special Insurance Requirements. •Asphalt materials pricing is based on the current months ADOT index for Bituminous materials.There are strong indicators that there will be significant increases in asphalt prices going forward.Adjustments to the quoted prices for paving items will be made and finalized 14 days prior to the time of scheduled paving operations with appropriate notification, documentation and communication. •AZROC 194430-A General Engineering •As of February 2023 Cactus Asphalt,Southwest Slurry Seal and American Pavement Preservation of Nevada have merged under one banner to form one of the largest and premier pavement preservation groups in the Southwest.If you have received a bid or proposal from Cactus Asphalt,Southwest SlurrySeal and/or American Pavement Preservation of Nevada for the same project,please contact us immediately and deem the second and third proposal"non-responsive". •The elimination of any existing drainage problem or reflective cracking is neither intended nor guaranteed when providing slurry and micro sealing services. •Power steering marks are normal and should not be cause for undue concern on slurry and micro surfacing pavement treatments. 1120/2025 12 51:49 PM page 2 of 2 Paving Seal Coating Crack Sealing Patching . Chip Sealing Fabric Overlay More Contractors Licenses:AZ 194430 NV- 0040581 N 022995 UT-944 49-SS I t 623-907-2800 f 62 - 07-2900 cactusasphalt,com 8211 W,Sherman St. Tolleson,AZ 85353 City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No.4. File ID: 25-075 Sponsor: Dave Butler Agenda Date:2/18/2025 Index: In Control: City Council Meeting Consideration of award of contract for Prospector Park Drainage to Primary Construction Inc. in an amount not to exceed $359,952.73 which includes a 5% contingency. City of Apache Junction,Arizona Page 1 Printed on 211212025 PARKS & RECREATION r - eoruary 3 , 2025 1 0, �h k+° d 9 iY N aF vY . W# p' t W ,x, wK 3' pa> Ai, ry %. ., k ..�ly aF, i r„ t *` z Y a r x n sr t f S zu a �e j^ t`M „ s I� . Y rs t al I 41,q S e§. J k S. J, / r, t $q PROSPECTOR PARK DRAINAGE REVISION PROJECT ,t. ."M _., ,.... ....: < AK S -11 f ri7 i� f, ,i,� � •.,�� tdrt •pt l �i. h, t t; t f It k£u}' t} 2 } w 4 A — 1 lit+' !f 3y.. 4..f} } { $747, 124.00 304,409 . 00 $ 1,0511533 .00 $343,484 . 00 216,039 .00 $5591523 .00 $450,304. 00 238,003 . 00 $688, 307. 00 $3421812 . 12 169,469 . 60 $5121281 . 72 t t' a f'; 3n q :' i:.. :`�*,� „ rt• ' ' t r ,:, .'4"; ,: �„, fn.. ,.,. { f .r Y t.•.. .a. 'r ., r: t n i t t... i „ t..„, .J ..,hr < ,. „, �,...,,r.. p }�' _•.... {. 4.. t ..r ._. , � at i i„ _ , �,.,,>, t }r7 s,r„ -„>'tzt '�. •a. x. � (t,,r ri ti th i ..? 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'�'. }� r .. .»,•,3�., .r ,;:f rt a '-'r , 'r(, » <;.r ,e, p�4 t; r f „ s, o• n r, l 1 is .t .:. ,�. r• JJ .i,„;x 's '•t»,.,.. ,., ,,.:. , _ ,.+ „'� n t,k Y },i;#,;r'. a.k; i"itri' .v c a ,ji,?Yta,:;r ,„{a4 � ` ,r t5� Xr, r�.�',»f»Y�;,,: �• � i-�'..r , a rr , '.r. t,, a-:ar.1. ,-.• .; ,t,;� .,> ,,,.�4n�,� ,. ,� , � ,„. ',,..� ,,' ': ,r :' =r {1 .. -' ".i .F } „k � � » £ 1 t Yr x y Y t 9 4'r 1 �r } t 5S y k b: 4! �t 1 3 Y r.; �t.,v.. ,i, ." ..„ ,,t' -.a `�. ...➢. t>,�• a >kti .,„, :r, ,,. ,�,t' S, ;t ,,;'4„.. t .rj � e S „#, trt , t� � � , .,i�2Y{. S YtYrt°rD .::sr ,: n , •,,}».t?,,,, ,, ,rH.. ,$ ;�FS' l: s <,<,.�,, c t n a .. s,,,, '{, ,:. <i re. a, �.,.,. •..)rt4 4, � 4;,: � 4( y;. ' r44 g; { ti ,. ,.,. „s<{>, (. ::...:.,1: „'3tr}. {, •Y �,4 ;, sY Ix rc... � r.,h ,.k r< .} a ',.. <t4 '�3„, ., .,S .., �, ,. `, i. "'6 ig', } y�f t'{3 k> .�rls. 4 it � t»} 3 4 ;;ir:r ar'�., i t{F ;y ,� �;s`•'', ,;n j, Y t, 'v t , 1 x r, t�'k`Ct�r.> 4$ Si's`�r �• M,!,:.y f ,t nrt�rt`','t, .h, �: 8' .41{ a&s " 4 t' "gott e ,ak k n v f, ttern STAFF RECOMMENDATION : Staff recommends award of contract to Primary Construction for Base Bid in the amount of $ 342 , 812 . 12 with a 5 % owners ' contingency of $ 17, 140 -. 61 for a contract total of $ 359 , 952 . 73 . This item will come back in two weeks for final award of contract . t x A, w' IUESTI NS?o , tx. ''"A"J" 2M ............. Ig �ee S. A„ i x t rr t t i r w i s t 35 a, t tpp5 I: Yr Ft r � , •..tt„ � t 4 .rlat3f z AN,"'i y » t � tt „5 } f<,s, a l t< rs t 1 p 1+ { t, i i i S } { t i far 4 y}z> tx 'Fn ,t: r tt 1 t,f` sij it.tjhyri City ofApache Junction Home of the Superstition Mountains DATE: JANUARY 22,2025 TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS THROUGH: BRYANT POWELL, CITY MANAGER FROM: LIZ LANGENBACH, DIRECTOR PARKS&RECREATION SUBJECT: AWARD OF CONTRACT FOR PROSPECTOR PARK DRAINAGE IMPROVEMENTS RFB #P&R PP DRAINAGE 2024-008 On December 30,2024,the city re-issued a Request for Bid for drainage improvements at Prospector Park. On January 15, 2025,the city received 4 responses,as follows: BIDDER BASE BID ADD ALTERNATE TOTAL BID Combs Construction Co. Inc. $747,124.00 304,409.00 $1,051,533.00 Bider Neve LLC $343,484.00 216,039.00 $559,523.00 Scholz Contracting LLC $450,304.00 238,003.00 $688,307.00 Primary Construction Inc. $342,812.12 169,469.60 $512,281.72 Recommendation Because Primary Construction Inc.was the lowest, responsive bidder,staff recommend awarding contract for the base bid amount listed above plus 5%contingency for a total of$359,952.73. The budget for this project was$300,000; however,the department has other savings to accommodate the increase for this critical project. This item will be discussed at your next work session and brought back two weeks later for final consideration. PROPOSED CITY PROSPECTOR PARK DRAINAGE IMPROVEMENTS PROJECT . P&R PP DRAINAGE enteredTHIS AGREEMENT made and into by and between the CITY OF APACHE JUNCTION ("City"), " i "), an Arizonamunicipal corporation, and PRIMARY CONSTRUCTIONINC, rizona corporation ("Contractor"), who shall be collectivelyreferred to as the "Parties", or individually "Party". RECITALS A. Contractor _respondedto City's request for bid _ (t " " and response both bei considered t "Contract Documents") via DRAINAGE , in whichtr c r asserts its willingness, ability qualifications to providei r service (hereinafter referred to as the "Work"). B. City and Contractordesire to set forth hereinit respective responsibilities _n the manner and terms ich Contractor shall render the Work. C. City lied with the publicbidding requirements r Arizona Revised t t t s Title 34 and Apachec i n City Code, Vol. I, Chapter e Administration, ricl ®7m Procurement Procedures. AGREEMENT NOW, THEREFORE, Cityretains t r to perform, and Contractor agrees to render the servicesin accordanceit the terms ii s setforth s follows: ® PROJECT DESCRIPTION: _Contractor I do and performor cause performeddone and in a good workmanlikemanner,the Workin accordancei the Contract Documents as fully ri in the NoticeInviting i Proposals for Project . P&R PP DRAINAGE 2024-008 which includes ll required specifications. 2. PRICES: Prices shall be governedr Exhibit A for the performance_of the work under the contract documents. COMPLETION: The total amount payable by the City_ to the Contractor II not exceed Three HundrediHundred Twelve Dollars iv is , .1 ) (t "Contract _ ") r the performance the Workunder the Contractis except for changes authorized properly _orders (contingency), which shall not 1 exceed an additional 5%of the Contract Sum,in the amountof Seventeen Thousand One Hundred Forty Dollars and Sixty One Cents ($17,140.61),for a grand total of Three Hundred Fifty Nine Thousand Nine Hundred Fifty Two Dollars and Seventy Three Cents ($359,952.73). All contracts will be operable for it full term at the rates quoted in the initial bid proposal,unless otherwise extended in writing by the City. Upon notice that the Work is ready for final inspection or acceptance, a City representative shall promptly cause an inspection to be made. Once City finds the Work acceptable under the Contract Documents, it shall promptly submit for processing a certificate for payment stating that, to the best of its knowledge, information and belief on the basis of its observation and inspection,the Work has been completed in accordance with the terms and conditions of the Contract Documents and that partial payment or the entire balance due the Contractor is payable. Final payment shall not become due until the Contractor its to the City all required lien waivers, releases and any other data establishing payment or satisfaction of all Contractor's obligations. If any subcontractor refuses to furnish a release or waiver required by City,Contractor may furnish a bond to indemnify City against any such lien. If any such lien remains unsatisfied after all payments are made,Contractor shall refund to City all monies that the latter may be compelled to pay in discharging such liens, including all costs and reasonable attorney fees. 4. CONTRACT TERM: The Term of this Agreement shall be performed from February 19, 2025 through July 31, 2025. Extensions shall only be allowed as mutually agreed upon in writing by the Parties. Renewals shall only be allowed as mutuaII y agreed upon in writing by the Parties. 5. LABOR AND MATERIALS: Unless otherwise provided in the contract documents, Contractor shall provide, pay and insure under the requisite laws and regulations for all labor, materials, equipment, tools and machinery, utilities, transportation,other facilities and services necessary for the proper execution and completion of the Work whether temporary or permanent, and whether or not incorporated or to be incorporated in the Work. 6. WARRANTY: Contractor shall guarantee the Work against defective workmanship or materials for a period of one (1) year from the date of its final acceptance under the contract, ordinary wear and tear and unusual abuse or neglect excepted. Any omission on the part of City to condemn defective work or materials at the time of construction shall not be deemed an acceptance and Contractor will be required to correct defective work or materials at any time before final acceptance. Within one(1)year from the date of final acceptance due to faults in workmanship or materials,Contractor shall begin making the necessary repairs tot satisfaction of City within fourteen (14) calendar days of receipt of written notice from City. Such work shall include the repair or replacement of other work or materials damaged or affected by making the above repairs or corrective work all at no additional cost to City. In the case of Work materials or equipment for is warranties are required by the special provisions of the Contract Documents,Contractor shall provide or secure from the appropriate subcontractor 2 or supplier such warranties addressed to and in favor of City and deliver same to City prior to final acceptance of the Work. Delivery of such warranties shall not relieve Contractor from any obligation assumed under any other provision of the contract. The warranties and guarantees provided in this subsection shall be in addition to and not in limitation of any other warrantees, guarantees or remedies required by law, and shall survive the expiration of this Agreement for the time period mentioned above. 7. TAXES: Contractor shall pay all license, sales, consumer, use and other similar taxes for the Work or portions thereof provided by Contractor is are legally enacted at the time bids are received whether or not yet effective or subsequently applicable due to acts of jurisdictions or bodies other than City. 8. PERMITS & FEES: Unless otherwise provided in the Contract Documents, Contractor shall secure and pay for all permits, government fees, licenses and inspections necessary for the proper execution and completion of Work is are customarily secured after execution of the contractand which are legally required. Contractor shall give all notices and comply with all laws, ordinances, rules, regulations and lawful orders of any public authority bearing on the performance of the Work. it permits for this Work will be provided to Contractor at no cost. Contractor represents and warrants that any license necessary to perform the Work under this Agreement is current and valid. Contractor understands that the activity described herein constitutes "doing business in the City of Apache Junction"and Contractor agrees to obtain a business license pursuant to Article 8- 2 of the Apache Junction City Code,Vol.1,and keep such license current during the term of this Agreement and after termination of this Agreement any time Work is performed pursuant to the warranty provisions set forth in Section 6. Contractor also acknowledges that the tax provision of the Apache Junction Tax Code,Chapter 8A, may also apply and if so, shall obtain a transaction privilege license and/or other licenses as may be required by the city code. Any activity by subcontractors within the corporate city limits will invoke the same licensing regulations on any subcontractors, and Contractor ensures its subcontractors will obtain any and all applicable licenses. Further,Contractor agrees to pay all applicable privilege and use taxes that are applicable to the activities, products and services provided under this Agreement. 9. INDEPENDENT CONTRACTOR: Contractor shall at all times during Contractor's performance of the services retain Contractor's status as an independent Contractor. Contractor's employees shall under no circumstances be considered or held to be employees or agents of City, and City shall have no obligation to pay or withhold state or federal taxes, or provide workers' compensation or unemployment insurance for or on behalf of them or Contractor. Contractor shall supervise and direct the delivery of the materials using its best skill and attention. Except as provided in this Agreement,Contractor shall be solely responsible for all means, methods,techniques, sequences and procedures, and for coordinating all portions of the Work required by the contract documents. 3 Contractor shall be responsible to City for the acts and omissions of its employees. 10. INDEMNIFICATION: To the fullest extent permitted by law, Contractor shall defend, indemnify and hold harmless City, its elected and appointed officers, officials,agents,and employees from and against any and all liability including but not limited to demands, claims, actions, fees, costs and expenses, including reasonable attorney and expertwitness fees,arising from,or alleged to have arisen from, relating to, arising out of, or alleged to have resulted from the acts, errors, mistakes,omissions,Work or services of Contractor,its agents,employees,or any tier of Contractor's subcontractors in the performance of this Agreement, but only to the extent caused by the negligence, recklessness or intentional wrongful conduct of Contractor or its subcontractors in the performance of the Work under this Agreement or any subcontract. Contractor's duty to defend,hold harmless and indemnify City, its special districts, elected and appointed officers, officials, agents, and employees shall arise in connection with any claim, damage, loss or expense that is attributable to bodily injury, sickness, disease, death, or injury to, impairment, or destruction of property including loss of use resulting therefrom, caused by an Contractor's acts, errors, mistakes, omissions, work or services in the performance of this Agreement including any employee of Contractor, any tier of Contractor's subcontractor or any other person for whose acts, errors, mistakes,omissions,Work or services Contractor may be legally liable, butonly to the extent caused by the negligence, recklessness or intentional wrongful conduct of Contractor or any tier of Contractor's subcontractors or any other person for whose acts, errors, mistakes, omissions, Work or services Contractor may be legally liable in the performance of the Work under this Agreement or subcontract. The amount and type of insurance coverage requirements set forth herein will in no way be construed as limiting the scope of the indemnity in this paragraph. The rights and obligations under this Section shall survive termination of this Agreement. 11. ENFORCED DELAYS(FORCE MAJEURE): Neither it nor Contractor,as the case may be, shall be considered not to have performed its obligations under this Agreement in the event of enforced delay (an "Enforced Delay") due to causes beyond its control and without its It or negligence or failure to comply with applicable laws, including, but not restricted to, acts of God, fires, floods, epidemics, pandemics, quarantine, restrictions, embargoes, labor disputes, and unusually severe weather or the delays of subcontractors or materialmen due to such causes, is of a public enemy,war,terrorism or act of terror(including but not limited to bio-terrorism or eco-terrorism), nuclear radiation, blockade, insurrection, riot, labor strike or interruption, extortion, sabotage, or similar occurrence or any exercise of the power of eminent domain of any governmental body on behalf of any public entity,or a declaration of moratorium or similar hiatus (whether permanent or temporary) by any public entity directly affecting the Project. In no event will Enforced Delay include any delay resulting from unavailability for any reason of labor shortages,or the unavailability for any reason of particular consultants, subcontractors, vendors or investors desired by 4 Contractor in connection with the Project. Contractor agrees that Contractor alone will bear all risks of delay which are not Enforced Delay. In the event of the occurrence of any such Enforced Delay, the time or times for performance of the obligations of the Party claiming delay shall be extended for a period of the Enforced Delay; provided, however, that the Party seeking the benefit of the provisions of this Section shall, within thirty (30) calendar days after such Party knows or should know of any such Enforced Delay,first notify the other Party of the specific delay in writing and claim the right to an extension for the period of the Enforced Delay; and provided further that in no event shall a period of Enforced Delay exceed ninety (90) calendar days. 12. GOVERNING LAW AND VENUE: The terms and conditions of this Agreement shall be governed by and interpreted in accordance with the laws of the State of Arizona. Any action at law or in equity brought by either Party for the purpose of enforcing a right or rights provided for in this Agreement,shall be tried in a courtof competentjurisdiction in Pinal County,State of Arizona. The Parties hereby waive all provisions of law providing for a change of venue in such proceeding to any other county. In the event either Party shall bring suit to enforce any term of this Agreement or to recover any damages for and on account of the breach of any term or condition in this Agreement, it is mutually agreed that the prevailing party in such action shall recover all costs including: all litigation and appeal expenses, collection expenses, reasonable attorney fees, necessary witness fees and court costs to be determined by the court in such action. 13. INSURANCE: Contractor, at its own expense, shall purchase and maintain the minimum insurance and other additional requirements set forth herein. All insurance required herein shall be maintained in full force and effect until all work or service required to be performed under the terms of the Agreement is satisfactorily completed and formally accepted; failure to do so may, at the sole discretion of City constitute a material breach of this Agreement. Contractor's insurance shall be primary insurance as respect to City, and any insurance or self-insurance maintained by City shall not contribute to it. Any failure to comply with the claim reporting provisions of the insurance policies or any breach of an insurance policy warranty shall not affect coverage afforded under the insurance policies to protect City. The insurance policies, except Workers' Compensation, shall contain waiver of transfer rights of recovery(subrogation)against City, its agents, officers, officials and employees for any claims arising out of Contractor's acts, errors, mistakes, omissions, work or services. The insurance policies may provide coverage which contains deductibles or self- insured retentions. Such deductible and/or self-insured retentions all not be 5 applicable with respect to the coverage provided to City under such policies. Contractor shall be solely responsible for the deductible and/or self-insured retention and City,at its option,may require Contractor to secure payment of such deductibles or self-insured retentions by a Surety Bond or an irrevocable and unconditional letter of credit. City reserves the right to request and to receive within ten (10) working days, certified copies of any or all of the herein required insurance policies and/or endorsements. City shall not be obligated, however, to review same or to advise Contractor of any deficiencies in such policies and endorsements,and such receipt shall not relieve Contractor from, or be deemed a waiver of City's right to insist on strict fulfillment of Contractor's obligations under this Agreement. The insurance policies, except Workers' Compensation, required by this Agreement, shall name City, its agent, officers, officials and employees as additional insured parties. REQUIRED_COVERAGE Commercial General Liability Contractor shall maintain Commercial General Liability insurance with a limit of not less than $1,000,000 for each occurrence with a$2,000,000 Products/Completed Operations Aggregate and a$2,000,000 General Aggregate Limit. The policy shall include coverage for bodily injury, broad form property damage, personal injury, products and completed operations and blanket contractual coverage including, but not limited to,the liability assumed under the indemnification provisions of this Agreement which coverage will be at least as broad as Insurance Service Office, Inc. Policy Form CG 00011-93 or the equivalent thereof. In addition, automobile liability coverage of at least$1 million per occurrence or a combined single limit of at least $1,000,000 is required. The auto liability policy should contain endorsements for hired autos, non-owned autos and scheduled vehicles, as applicable to the Contractor's business. Such policy shall contain a severability of interest provision,and shall not contain a sunset provision or commutation clause, nor any provision which would serve to limit third party action over claims. The Commercial General Liability additional insured endorsement shall be at least as broad as the Insurance Service Office Inc.'s Additional Insured, Form CG 20101185, or the equivalent thereof, and shall include coverage for Contractor's operations and products and completed operations. If required by this Agreement, if Contractor sublets any part of the work, services or operations, Contractor shall purchase and maintain, at all times during prosecution of the work, services or operations under this Agreement, it and 6 Contractor's Protective Liability insurance policy for bodily injury and property damage, including death, which may arise in the prosecution of the Contractor's work, service or operations under this Contract. Coverage shall be on an occurrence basis with a limit not less than $1,000,000 per occurrence, and the policy shall be issued by the same insurance company that issues Contractor's General Liability insurance. Workers' Compensation (Not Applicable to Sole Proprietorships) Contractor shall carry Workers' Compensation insurance to cover obligations imposed byfederaland statestatutes having jurisdiction of Contractor's employees engaged in the performance of the work or services; and Employer's Liability insurance of not less than $100,000 for each accident, $100,000 disease for each employee, and $500,000 disease policy limit. In case any work is subcontracted, Contractor will require subcontractor to provide Workers'Compensation and Employer's Liabilityto atleastthe same extent as required of Contractor. CERTIFICATE OF INSURANCE Prior to commencing work or services under this Agreement, Contractor shall furnish the City with Certificates of Insurance,orformal endorsements as required by Agreement, issued by Contractor's insurer(s), as evidence that policies providing the required coverages,conditions and limits required by this Agreement are in full force and effect. In the event any insurance policies required by this Agreement are written on a "claims made" basis, coverage shall extend for two(2) years past completion and acceptance of the Contractor's work or services and as evidenced by annual Certificates of Insurance, to be filed with the City Clerk of City. If a policy does expire during the life of the Agreement, a renewal certificate must be sent to City thirty(30)calendar days prior to the expiration date. AllCertificates of Insurance shall be identified with bid serial number and title. Insurance required herein shall not expire, be canceled, or materially changed without thirty (30) calendar days' prior written notice to City. 1 ® CHANGE ORDERS: A change order is a written order to Contractor, approved by a City representative, issued after execution of this construction agreement authorizing a change in the Work or an adjustment in the construction agreement sum or the construction agreement time. A change order signed by Contractor indicates his agreement therewith. it may, without invalidating this construction agreement,order changes in the Work within the general scope of this construction agreement consisting of additions, deletions or other revisions, the 7 construction agreement sum and the construction agreement being adjusted accordingly. All such changes in the Work it be authorized by Change Order and shall be performed under the applicable conditions of this construction agreement. City representative shall have authority to order minor changes in the Work not involving an adjustment in the construction agreement is or extension of construction agreement time and not inconsistent with the intent of this construction agreement. All such changes shall be effected by written order and shall be binding upon City and Contractor. 15. SUCCESSORS, ASSIGNMENT & DELEGATION: City and Contractor each in themselves, it partners, successors, assigns and legal representatives to the other party hereto and to the partners, successors, assigns and legal representatives of such other party in respect to all covenants, agreements and obligations contained in the Contract Documents. Neither party to the contract shall assign the contract or sublet it as a whole or delegate the duties hereunder without the written consent of the other, nor shall Contractor assign any monies due orto become due to orto become due to itwithoutthe previous written consent of City. 16. WRITTEN NOTICE: Written notice shall be deemed to have been duly served if delivered in person to the individual or member of the firm or entity,orto an office of the corporation for whom it was intended or if delivered at or sent registered or certified mail, return receipt requested, and first class postage prepaid to the last business address known to them who gives the notice. 17. SAFETY: Contractor and/or its subcontractors shall be solely responsible for job safety at all times. 18. RIGHTS & REMEDIES: The duties and obligations imposed by the contract documents and the rights and remedies available hereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. No action or failure to act by City or Contractor shall constitute a waiver of any right or duty afforded any of them under the contract,nor shaII any action orfailure to actconstitute an approval of or an acquiescence to any breaches hereunder except as may be specifically agreed to in writing. 19. PAYMENT & PERFORMANCE BONDS: City shall have the right to require Contractor to furnish bonds covering the faithful performance of the contract and the payment of all obligations arising hereunder. 20. TERMINATION OF CONTRACT: If, for any reason, Contractor shall it to fulfill in a timely and proper manner his/her obligations under the contract, or if Contractor shall violate any of the covenants, agreements, or stipulations of the contract, it shall thereupon have the right to terminate the contract by giving written notice to Contractor of such termination and specifying the effective date thereof. 8 Notwithstanding the above, Contractor shall not be relieved of liability to City for damages sustained by City by virtue of any breach of the contract by Contractor. it may terminate the contract at any time by giving at least twenty-four(24) hours notice in writing to Contractor. If the contract is terminated by City as provided herein, Contractor will be paid for the time expended and expenses incurred up to the termination date. 21. APPEALS: All contractual grievances shall be submitted in writing to City Manager within five (5) calendar days after the difference of opinion or grievance occurs relating to any of the provisions of the terms of this Agreement. Within five (5)calendar days of receiving a written grievance,the City Manager shall respond in writing to the company. The City Manager's decision shall be final and binding, subject only to a further appeal in the Pinal County Superior Court pursuant to 12-901, etseq. 22. RECORDS: Records of Contractor's labor,payroll and other costs pertaining to this Agreement shall be kept on a generally recognized accounting basis and made available to it for inspection on request. Contractor shall maintain records for a period of at least three(3)years after termination of this Agreement,and shall make such records available during that retention period for examination or audit by City personnel during regular business hours. 23. AMENDMENT: It is mutually understood and agreed that no alteration or variation of the terms and conditions of this Agreement shall be valid unless made in writing and signed by the parties hereto, and that oral understandings or agreements not incorporated herein shall not be binding on the parties. 24. ENTIRE AGREEMENT: This Agreement and any attachments represent the entire agreement between City and Contractor and supersede all prior negotiations, representations or agreements,either express or implied,written or oral. It is mutually understood and agreed that no alteration or variation of the terms and conditions of this Agreement shall be valid unless made in writing and signed by the parties hereto. Written and signed amendments shall automatically become part of the supporting documents, and shall supersede any inconsistent provision therein; provided, however, that any apparent inconsistency shall be resolved, if possible, by construing the provisions as mutually complementary and supplementary. 25. SEVERABILITY: City and Contractor each believe thatthe execution,delivery and performance of this Agreement are in compliance with all applicable laws. However, in the unlikely event that any provision of this Agreement is declared void or unenforceable(or is construed as requiring City to do any act in violation of any applicable laws, including any constitutional provision, law, regulation, or it code), such provision shall be deemed severed from this Agreement and this 9 Agreement shall otherwise remain in full force and effect; provided that this Agreement shall retroactively be deemed reformed to the extent reasonably possible in such a manner so that the reformed agreement (and any related agreements effective as of the same date) provide essentially the same rights and benefits (economic and otherwise) to the Parties as if such severance and reformation were not required. Unless prohibited by applicable laws, the Parties further shall perform all acts and execute, acknowledge and/or deliver all amendments,instruments and consents necessary to accomplish and to give effect to the purposes of this Agreement, as reformed. 26. TIME IS OF THE ESSENCE: Time is of the essence with respect to all provisions in this Agreement. Any delay in performance by either Party shall constitute a material breach of this Agreement. 27. CONFLICT OF INTEREST: This Agreement is subject to, and may be terminated by City in accordance with, the provisions of A.R.S. §38-511. 28. PROHIBITION TO CONTRACT WITH CONTRACTORS WHO ENGAGE IN BOYCOTT OF THE STATE OF ISRAEL: The Parties acknowledge through 35-393.03,as amended,which forbids public entities from contracting with Contractors who engage in boyc f te of Israel. Should Contractor under this Agreement engage in any such boycott against the State of Israel, this Agreement is automatically terminated. Any such boycott is a material breach of contract and will subject Contractor to monetary damages,including but not limited to, consequential and liquidated damages. 29. CERTIFICATION PURSUANT TO A.R.S.4 35-394. In accordance with Arizona Revised Statutes§35-394,Contractor hereby certifies and agrees that Contractor does not currently and shall not for the duration of this Agreement use: 1) the forced labor of ethnic Uyghurs in the People's Republic of China,2)any services or goods produced by the forced labor of ethnic Uyghurs in the People's Republic of China, and/or 3) any suppliers,contractors or subcontractors that use the forced labor or any services or goods produced by the forced labor of ethnic Uyghurs in the People's Republic of China. If Contractor becomes aware during the term of this Agreement that Contractor is not in compliance with this Section, then Contractor shall notify the City within five (5) business days after becoming aware of such noncompliance. If Contractor does not provide the City with written certification that Contractor has remedied such noncompliance within one hundred eighty (180) days after notifying the City of such noncompliance, this Agreement shall terminate, except that if the Agreement termination date occurs before the end of such one hundred eighty (180) day remedy period, this Agreement shall terminate on such contract termination date. 30. COMPLIANCE WITH FEDERAL AND STATE LAWS: Contractor understands and acknowledges the applicability of the American with Disabilities Act, the Immigration Reform and Control Act of 1986 and the Drug Free Workplace Act of 10 1989 to the services performed under this Agreement. As required by A.R.S. §41-4401, Contractor hereby warrants its compliance with all federal immigration laws and regulations that relate to its employees and A.R.S. §23-214(A). Contractor further warrants that after hiring an employee,Contractor will verify the employment eligibility of the employee through the E-Verify program. If Contractor uses any subcontractors in performance of services,subcontractors shall warrant their compliance with all federal immigration laws and regulations that relate to its employees and A.R.S. § 23-214(A), and subcontractors shall further warrant that after hiring an employee, such subcontractor verifies the employment eligibility of the employee through the E-Verify program. A breach of this warranty shall be deemed a material breach of the Agreementthat is subjectto penalties up to and including termination of this Agreement. Contractor is subject to a penalty of $100 per day for the it violation, $500 per day for the second violation,and$1,000 per day for the third violation. City at its option may terminate this Agreement after the third violation. Contractor shall not be deemed in material breach of this Agreement if Contractor and/or subcontractors establish compliance with the employment verification provisions of Sections 274A and 274B of the federal Immigration and Nationality Act and the E-Verify requirements contained in A.R.S. § 23-214(A). City retains the legal right to inspect the papers of any Contractor or subcontractor employee who works under this Agreementto ensure that Contractor or subcontractor is complying with the warranty. Any inspection will be conducted after reasonable notice and at reasonable times. If state law is amended, the Parties may modify this paragraph consistent with state law. 31. COOPERATIVE USE OF CONTRACT: City has entered into various cooperative purchasing agreements with other Arizona government agencies, including the Strategic Alliance for Volume Expenditures"SAVE"cooperative. This contract may be extended for use by other municipalities, school districts and government agencies in the State of Arizona with the approval of Contractor. Any such usage by other entities must be in accordance with the statutes, codes, ordinances, charter and/or procurement rules and regulations of the respective government agency. Orders placed by other agencies and payment thereof will be the sole responsibility of that agency. it shall not be responsible for any disputes arising out of transactions made by others. IN WITNESS WHEREOF the parties hereto have caused this Agreementto be si ned by their duly authorized representative as of this ]jLL day of CONTRACTOR: PRIMARY CONSTRUCTION INC., an Arizona cgirpo ption 7 , By:_ Ti CITY: CITY OF APACHE JUNCTION, an Arizona municipal corporation By: Walter"Chip" Wilson Title: Mayor ATTEST: Yvette McKinney, City Clerk APPROVED AS TO FORM: Richard J. Stern City Attorney 12 STATE OF COUNTY OF NA�;'V s. a The f r i _ s subscribedr _ f this 21— day f `, k. � Peal i of CONSTRUCTIONPRIMARY INC., an Arizona corporation. Notary Public My Commission Expires: SANDRAVEGA 2021 Notary PublicArizona ric County 04 Commission#651039 y Commission Expires May 31®2 7 STATEI ) s. COUNTY OF PINAL ) The foregoing was_subscribed r f r is Of , _, by Walter" -ip" Wilson, as Mayor of the City Apache Junction, Ari , an Arizona municipal corporation. Notary Public CommissionMy Expires: 1 EXHIBIT PROJECT P&R PIP DRAINAGE 2024-008 COSTPROPOSAL FIRM: —PRIMARY { ADDRESS: a® d TELEPHONE: (480) - DESCRIPTION9853 Fax N/A BASE BID ITY UNIT UNIT PRICE COST 43.49 1,000.27 ARCH CMP 2 REMOVE EXISTING 71" " HORIZONTAL -mg ,846.64 ARCH CMP REMOVE CONCRETE SIDEWALK 1555 SF 8.3813,030.90 RAILINGT REMOVE SAFETY 10.30 1 REMOVE CONCRETE HEADWALL 60 LF 78AT 4,687080 3,98228 7 FURNISH AND INSTALL CONCRETE 1323 SF 12.14 16,061.22 FURNISHSIDEWALK i 1 9 FURNISH AND INSTALL HANDRAIL _ 68.13 FURNISH10 I ' 12 LF 906.46 10,87T52 REINFORCED CONCRETE BOX CULVERT 1 FURNISH I 7e 35,515.20 FURNISHINSTALL 12 CULVERT OUTLET WING WALL PER ADOT 1 26,117.02 26,117.02 FURNISHI6' BOX EA 13 CULVERT INLET WING WALL PER ADOT 1 26,117.02 26,117.02 DTL6.08g TOP SLOPE : 14 I I INSTALL STRAIGHT 3e 28,593.94 DESCRIPTION OF SERVICES QUANTITY t 7PR C 7E COST FURNISH AND INSTALL STRAIGHT YPEEA 16 FURNISH AND { 45 EA .76 4,804.20 17 SCARFY TOP OF BOX CULVERT 240 SF t 80 o $" 568-80 1 t 1 g, 188.18 ,702.75 A 1 t t ' 16,229.52 16,22952 p 77. 5,67T88 PERMITSt LS 1 .35 07 11,355.75 TOTAL BASE LUMP SUM t 2f 12.1 Three hundred forty-two thousand, eight hundred twelvedollars l cents. i Base Lump Sum BidiWords g pP 11512025 Signature Paul Wirth Tltle-E—re!�Id—ent DESCRIPTIONBID ALTERNATE 1 tCES QUANTITY UNIT UNIT TOTAL COST PRICE SAWCUT PAVEMENT 112 LF 11.94 1,337.28 ASPHALTIC2 REMOVE 22-89 1; .41 3 REMOVE EXISTING_ "CNIP 7p 3,542.50 -T REMOVE EXISTING 11.44 228.80 5 REMOVE WOODEN SAFETY POSTS 13 EA 57.22 743.86 R MOVE CONCRETE SCUPPER 1 .7 . " 1 7 L68.29 11,612.01 TDE-SCRIPTION UN]IT :T7OTAL COST 8 AGGREGATE BASE ®�___ e COURSE DEPTH 69 Sy 64.84 8 96 1 1.2 10 FURNISHI54 68.13 3,679.02 11 FURNISH I 1 LF 2 3,266.89 —SCUPPER WITH GROUTED 28 1 REINFORCEDFURNISH AND INSTALL NEW TX8' LF 1g . INSTALLFURNISH AND 02 13 CULVERT OUTLET I 26,117.02 ,11 0 DIL§.08 4 TOP SLOPE 21 FURNISHINSTALL 14 CULVERT INLET WING1 26,117.02 26,117M kDT GULO LOO:�SE±ANGULAR f ® 1 °� 1 p24,12-60 TOTAL ALTERNATE 1 LUMP SUM BID169,469.60 One hundred sixty-nine thousand, four hundred sixty-nine doll r i cents. Total—Alternate 1Sum—Bidin W—ords A 1"512025 Sfinature Paul Wirth TitjefresidenI Printed City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No. 5. File ID: 25-033 Sponsor: Evie McKinney Agenda Date:2/18/2025 Index: In Control: City Council Meeting Proclamation for"Human Trafficking Awareness - Not in Our City." City of Apache Junction,Arizona Page 1 Printed on 211212025 Vrot,lamattron HUMAN TRAFFICKING AWARENESS NOT IN OUR CITY WHEREAS,human trafficking is a global plague that impacts millions of people each year, including tens of thousands of Americans across all demographics and ages; and WHEREAS,the United States ranks as one of the worst countries globally for human trafficking and Arizona ranks in the top 15 states with the highest rates of human trafficking per capita; and WHEREAS,the battle against human trafficking includes supporting efforts in schools, churches,non-profits,law enforcement,and businesses to intervene, disrupt, and dismantle human trafficking syndicates; and provide resources to and support for victims of human trafficking; and WHEREAS,the city of Apache Junctionjoins schools,churches,non-profit organizations, law enforcement, federal and state coalitions and the Not In Our City.org movement in our commitment to increase public awareness of the human trafficking epidemic that impacts our community. NOW, THEREFORE, 1,, Walter "Chip" Wilson, Mayor of the City of Apache Junction, Arizona, do hereby proclaim HUMAN TRAFFICKING AWARENESS—NOT IN OUR CITY Signed and attested to this day of 6��2025. —to— Mayor ATTE _LA__0_ Acting City Clerk City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No.6. File ID: 25-016 Sponsor: Chip Wilson Agenda Date:2/18/2025 Index: In Control: City Council Meeting Brief summary of intergovernmental updates from mayor and councilmembers. City of Apache Junction,Arizona Page 1 Printed on 211212025 City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No.7. File ID: 25-017 Sponsor: Bryant Powell Agenda Date:2/18/2025 Index: In Control: City Council Meeting City Manager's Report. City of Apache Junction,Arizona Page 1 Printed on 211212025 City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No.8. File ID: 25-045 Sponsor: Bryant Powell Agenda Date:2/18/2025 Index: In Control: City Council Meeting Introduction and discussion with the city's newly hired Economic Development Director, Ryan Kaup. City of Apache Junction,Arizona Page 1 Printed on 211212025 City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No.9. File ID: 25-018 Sponsor: Eli Richardson Agenda Date:2/18/2025 Index: In Control: City Council Meeting Announcement of Current Events. City of Apache Junction,Arizona Page 1 Printed on 211212025 City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No. 10. File ID: 25-073 Sponsor: Nicholas Leftwich Agenda Date:2/18/2025 Index: In Control: City Council Meeting Presentation, discussion, public hearing, and consideration of Ordinance No. 1563, a text amendment adopting by reference that certain document titled "2025 Amendments to the Apache Junction City Code, Volume II, Land Development Code, Chapter 1: Zoning Ordinance, Article 1-5: Zoning Bulk and Use Regulations, § 1-5-1 Residential Use Regulations and § 1-5-3 Non-Residential Use Regulations"; repealing any conflicting provisions; and providing for severability. City of Apache Junction,Arizona Page 1 Printed on 211212025 City ofApache Junction rvices Department Development Sc CITY COUNCIL STAFF MEMO Date: February 18, 2025 To: Honorable Mayor and City Council Members Through: Bryant Powell, City Manager Rudy Esquivias, Development Services Director Sidney Urias, Planning Manager From: Nick Leftwich, Planner Subject: Text Amendment to Apache Junction City Code, Volume II, Land Development Code, Chapter 1 : Zoning Ordinance, Article 1-5 : Zoning Bulk and Use Regulations regarding Conditional Use Permit Uses Background On December 5, 2023, the City Council issued a direction to staff to review the zoning ordinance language regarding high- impact land use decisions made through Conditional Use Permits ("CUPs") , which are only approved by the Planning and Zoning Commission, and to provide options to amend the code that would facilitate City Council involvement in these permanent, high impact land use decisions . Planning Staff reviewed the matter and returned to the Council on January 16, 2024, to provide the options and to seek further direction to staff to initiate a Zoning Ordinance text amendment. Two options were presented, either to modify the land use tables to specifically require City Council involvement in the permanent, high-impact land use decisions, or to change the CUP process itself to require that all CUPs would be subject to City Council review and determination. The City Council directed staff, pursuant to the first option, to draft a text amendment to Apache Junction City Code, Volume II, Land Development Code, Chapter 1 : Zoning Ordinance, Article 1-5 : Zoning Bulk and Use Regulations . Planning and Zoning Commission Recommendation Staff has prepared the text amendment according to this direction and presented it to the Planning and Zoning Commission on January 14, 2025, to receive their review and recommendation. The Commission voted 7-0 to recommend approval of Text Amendment Case P-24-1-AM. 2 February 3,2025 City Council Staff Memo City ofApache Junction rvices Department Development Sc Items of Consideration Ordinance No. 1563 and Resolution No. 25-01 have been prepared pursuant to the additional direction given in the February 3, 2025 City Council Work Session Discussion. Resolution No . 25-01 declares the document "2025 Amendments to the Apache Junction City Code, Volume II, Land Development Code, Chapter 1 : Zoning Ordinance, Article 1-5 : Zoning Bulk and Use Regulations, § 1-5-1 Residential Use Regulations and § 1-5-3 Non- Residential Use Regulations" as a public record filed with the City Clerk. Ordinance No . 1563 adopts the text amendment into the Zoning Ordinance itself, repealing and replacing any conflicting provisions . LAU Prepared by Nicholas Leftwich Planner Attachments : • Ordinance No. 1563 • Resolution No. 25-01 • P-24-1-AM Staff Report • 2025 Amendments to the Apache Junction City Code, Volume II, Land Development Code, Chapter 1 : Zoning Ordinance, Article 1-5 : Zoning Bulk and Use Regulations, § 1-5-1 Residential Use Regulations and § 1-5-3 Non-Residential Use Regulations • P-24-1-AM Draft Amendment Redlines 2 February 3,2025 City Council Staff Memo City ofApache Junction Development Services Department AV, PLANNING AND ZONING COMMISSION PUBLIC HEARING STAFF REPORT DATE: January 14, 2025 TO: Planning and Zoning Commission THROUGH: Rudy Esquivias, Development Services Director Sidney Urias, Planning Manager FROM: Nicholas Leftwich, Planner CASE NUMBER: P-24-1-AM REQUEST: Text Amendment to Article 1-5 : Zoning Bulk and Use Regulations regarding Conditional Use Permit Uses BACKGROUND On December 5, 2023, the City Council held a discussion regarding the Apache Junction Zoning Ordinance ("AJZO") regulations regarding Conditional Use Permits ("CUPs") in order to determine if the regulations and procedures for the approval of conditional use permits needed to be modified. Currently, per the Apache Junction Zoning Ordinance, Article 1-16 : Administration, § 1-16-12 Conditional Use Permits, Administrative Use Permits and Building Permits, (D) Conditional Use Permits, the approval of land uses identified as requiring a CUP in AJZO, § 1-5-1 Residential Use Regulations and §1-5-3 Non- Residential Use Regulations are subject to the sole review and approval of the Planning and Zoning Commission, unless a specific appeal to the City Council by an the applicant or an aggrieved party is filed. The primary noted concern of the City Council discussion was that certain land use decisions are determined by the Planning and Zoning Commission, such as CUPs . CUPs can be permanent, impactful, and politically weighty and some of these decisions should be made by elected officials of the City Council in order to more properly distribute both the responsibility and accountability in making long term and lasting land use decisions . Text Amendment to Article 1-5:Zoning Bulk and Use Regulations, Case P-24-1-AM January 14,2025 Planning and Zoning Commission Staff Report One significant example of such land use decisions that was noted was the consideration for approval of multi-family residential uses on commercially-zoned properties through conditional use permits . Some of these CUPS effectively change the property away from functioning as a commercial property and are more akin to the land use change a rezoning is meant for, rather than the regulation of "location, design, operation and configuration, " which is the AJZO defines as the purpose of CUPS in the interest of public welfare . The City Council issued a direction to staff to look into the ordinance language and return at a future meeting with potential text amendment options that address the Council' s concerns regarding the authority on land use decisions given to the Planning and Zoning Commission. Planning Staff reviewed the matter and returned to the Council on January 16, 2024 to provide the options detailing possible mechanisms to address the concerns, and to seek further direction to staff to initiate a Zoning Ordinance text amendment. The two options presented were as follows : -Option 1 : A proposed amendment of Article 1-5 : Zoning Bulk and Use Regulations land use tables that determine which uses are permitted by right in each zoning district and which uses require Conditional Use Permit (CUP) approval . This option would modify the existing land use tables to change what kinds of uses are approved by the Planning and Zoning Commission and which high-impact, community-sensitive land use changes should be subject to City Council approval . -Option 2: A proposed amendment of the Article 1-16 : Administration, § 1-16-12 Conditional Use Permits, Administrative Use Permits and Building Permits, (D) Conditional Use Permits regulations, which would change the basic definition of all CUPS to require City Council review and approval . Staff respectfully recommended Option 1 from the position that this option would be able to fine-tune the land use tables to specifically designate City Council as the decision maker for high- impact and community sensitive land uses, while also maintaining the standard procedure of CUPS for items like minor landscaping, sign code deviations, or land uses that are generally compatible with the land uses permitted by right in a zoning district but which still require Planning and Zoning Commission oversight . The City Council then directed Staff to draft a text amendment aligned with Option 1 . Text Amendment to Article 1-5:Zoning Bulk and Use Regulations, Case P-24-1-AM January 14,2025 Planning and Zoning Commission Staff Report EVALUATION Following the direction to staff issued, Staff researched the city zoning ordinance and the zoning ordinance of other neighboring towns and cities to determine the best practices for land uses decision making authority and conditional use permits . In evaluating which land use decisions would be best made by the City Council and which land uses should be conditionally approved by the Planning and Zoning Commission, the following criteria have been used: 1 . Is the land use "conditional?" "Conditional" meaning there is some aspect of its operation that requires management & coordination of design, and that the use approval can be revoked for failing to meet the operational standards established by the ordinance . Examples of Conditional Uses : Marijuana sales in retail spaces, outdoor music, heavy manufacturing, outdoor activity Examples of non-conditional uses : Residential development in commercial zones, parking garages, cemeteries 2 . Is the land use of such high/significant impact that the decision is best made by elected leadership? "High Impact" meaning that the land use generates exceptional levels of activity or disturbance (such as noise & traffic) or permanently affects the nature of the property. Examples : Amusement parks, zoos, golf courses, cemeteries, airports, Multi-Family residential conversion of commercial "Significant Impact" is meant to cover land uses that have notable community sensitivity resulting in political weight and significance . Examples : Jails, rehab facilities, homeless shelters, gambling facilities, airports 3 . Is the land use better served with a rezoning or planned development? Examples : Mixed Use Development, Multi-family residential development, Shopping Malls PROPOSAL Planning Staff have prepared the proposed text amendment, attached as Exhibit #1, Draft Amendment to Apache Junction City Code, Volume II, Land Development Code, Chapter 1 : Zoning Ordinance, Article 1-5 : Zoning Bulk and Use Regulations, and present it to the Planning and Zoning Commission for their recommendation to the City Council . Text Amendment to Article 1-5:Zoning Bulk and Use Regulations, Case P-24-1-AM January 14,2025 Planning and Zoning Commission Staff Report The land use tables of Article 1-5 : Zoning Bulk and Use Regulations have been modified through the evaluation of which land use decisions need the involvement and authority of the City Council, which land use decisions are fine to be made solely by the Planning and Zoning Commission, and which land use decisions would be better made as a formal rezoning or planned development proposal . Land use decisions determined to be best suited to City Council review and approval have been marked with a Footnote 9 in §1-5-3 Non-Residential Use Regulations, which reads : "9 . Noted land uses shall be subject to City Council review and approval through a public hearing, following a recommendation by the Planning and Zoning Commission. " No such designation is required within §1-5-1 Residential Use Regulations . The symbology of the table has also been modified to facilitate ease in reading, and some minor corrections have been made as noted. To assist in determining what has changed, Exhibit #2 identifies text-striking in red and changes in highlighted yellow. PLANNING DIVISION RECOMMENDATION Planning staff recommends approval of the proposed text amendment and offers the following recommended motion to update the Apache Junction City Code, Volume II, Land Development Code, Chapter 1 : Zoning Ordinance, Article 1-5 : Zoning Bulk and Use Regulations . RECOMMENDED MOTION I move that the Planning and Zoning Commission recommend to the Apache Junction City Council the approval of text amendment case P-24-1-AM, an amendment to the Apache Junction City Code, Volume II, Land Development Code, Chapter 1 : Zoning Ordinance, Article 1-5 : Zoning Bulk and Use Regulations . LAI V-4 Prepared by Nicholas Leftwich Planner Attachments: Exhibit #1 - P-24-1-AM Draft Amendment to Apache Junction City Code, Volume II, Land Development Code, Chapter 1: Zoning Ordinance, Article 1-5: Zoning Bulk and Use Regulations Exhibit #2 - P-24-1-AM Draft Amendment Redlines Text Amendment to Article 1-5:Zoning Bulk and Use Regulations, Case P-24-1-AM January 14,2025 Planning and Zoning Commission Staff Report ORDINANCE NO. 1563 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 1-5 : ZONING BULK AND USE REGULATIONS; AND BY ADOPTING BY REFERENCE THAT CERTAIN DOCUMENT ENTITLED "2025 AMENDMENTS TO THE APACHE JUNCTION CITY CODE, VOLUME II, LAND DEVELOPMENT CODE, CHAPTER 1 : ZONING ORDINANCE, ARTICLE 1-5 : ZONING BULK AND USE REGULATIONS"; REPEALING ANY CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR PENALTIES . WHEREAS, on January 16, 2024, the city council gave direction to staff to prepare a text amendment to integrate city council review and consideration into the land use approval process of certain high-impact, permanent land uses decisions; and WHEREAS, the planning and zoning commission met on January 14, 2025, with a city council discussion on February 3, 2025 on the proposed amendment; and WHEREAS, the planning and zoning commission also recommended to the city council on January 14, 2025, in a vote of 7 : 0, to approve the amendment; and WHEREAS, the city council further discussed the issue at the February 18, 2025 public hearing; and WHEREAS, Arizona Revised Statutes Annotated (hereinafter "A.R. S . ") § 9-802 permits municipalities to enact the provisions of a code or public record in existence without setting forth such provisions in full text as long as the adopting ordinance is published in full text, and at least one paper copy is filed with the city clerk and an electronic copy is accessible on the city' s website, with both made available for public use and inspection; and WHEREAS, city staff has determined that for administrative efficiency and to reduce the publication costs, it is more appropriate to update the city code by adopting the affected text by reference; 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; after consideration, the council finds no such impact. ORDINANCE NO. 1563 PAGE 1 OF 3 NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AS FOLLOWS : SECTION I IN GENERAL 1 . That the existing Apache Junction City Code, Volume II, Land Development Code, Chapter 1 : -Zoning Ordinance, Article 1---5 : Zoning Bulk and Use Regulations, be amended as referenced in the document noted in #2 below. 2 . That certain document known as the "2025 Amendments to the Apache Junction City Code, Volume II, Land Development Code, Chapter 1 : Zoning Ordinance, Article 1-5 : Zoning Bulk And Use Regulations", of which at least one paper copy is on file with the city clerk and one electronic copy of which is accessible on the city' s website (www. apa_chejun_ctiona_z .go_v) , and which document was made a public record by Resolution No. 25-01, is hereby referred to, adopted and made a part hereof as if fully set out in this ordinance, pursuant to A.R. S . § 9-802 . SECTION II REPEALING ANY CONFLICTING PROVISIONS All ordinances and parts of ordinances in conflict with the provisions of this ordinance 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 2025 . ORDINANCE NO. 1563 PAGE 2 OF 3 SIGNED AND ATTESTED TO THIS DAY OF f 2025 . WALTER "CHIP" WILSON Mayor ATTEST: EVIE MCKINNEY City Clerk APPROVED AS TO FORM: RICHARD J. STERN City Attorney ORDINANCE NO. 1563 PAGE 3 OF 3 RESOLUTION NO. 25-01 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, DECLARING AS A PUBLIC RECORD THAT CERTAIN DOCUMENT FILED WITH THE CITY CLERK AND ENTITLED "2025 AMENDMENTS TO THE APACHE JUNCTION CITY CODE, VOLUME II, LAND DEVELOPMENT CODE, CHAPTER 1 : ZONING ORDINANCE, ARTICLE 1-5 : ZONING BULK AND USE REGULATIONS"; REPEALING ANY CONFLICTING PROVISIONS; AND PROVIDING FOR SEVERABILITY. WHEREAS, on January 16, 2024, the city council gave direction to staff to prepare a text amendment to integrate city council review and consideration into the land use approval process of certain high-impact, permanent land uses decisions; and WHEREAS, the planning and zoning commission met on January 14, 2025, with a city council discussion on February 3, 2025 on the proposed amendment; and WHEREAS, the planning and zoning commission also recommended to the city council on January 14, 2025, in a vote of 7 : 0, to approve the amendment; and WHEREAS, the city council further discussed the issue at the February 18, 2025 public hearing; and WHEREAS, Arizona Revised Statutes Annotated (hereinafter "A.R. S . ") § 9-802 permits municipalities to enact the provisions of a code or public record in existence without setting forth such provisions in full text as long as the adopting ordinance is published in full text, and one paper copy is filed with the city clerk and an electronic copy is accessible on the city' s website, with both made available for public use and inspection; and WHEREAS, city staff has identified such provisions herein, and it is the intent of the city to declare such documents and compilations as public records, on file in the office of the city clerk. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA AS FOLLOWS : RESOLUTION NO. 25-01 PAGE 1 OF 2 SECTION I IN GENERAL 1 . That certain document entitled the "2025 Amendments to the Apache Junction City Code, Volume II, Land Development Code, Chapter 1 : Zoning Ordinance, Article 1-5 : Zoning Bulk And Use Regulations", of which at least one paper copy is on file with the city clerk and one electronic copy of which is accessible on the city' s webs ite (www. apachej unctionaz .gov) , is hereby declared to be a public record, and shall be made available for public use and inspection. SECTION II REPEALING ANY CONFLICTING PROVISIONS All resolutions and parts of resolutions in conflict with the provisions of this resolution or any part of the codes adopted herein, are hereby repealed. SECTION III PROVIDING FOR SEVERABILITY If any section, subsection, sentence, phrase, clause or portion of this resolution or any part of the codes or regulations adopted herein is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions thereof. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS DAY OF , 2025 . SIGNED AND ATTESTED TO THIS DAY OF 2025 . WALTER "CHIP" WILSON Mayor ATTEST: EVIE MCKINNEY City Clerk APPROVED AS TO FORM: RICHARD JOEL STERN City Attorney RESOLUTION NO. 25-01 PAGE 2 OF 2 2025 AMENDMENTS TO THE APACHE JUNCTION CITY CODE, VOLUME II, LAND DEVELOPMENT CODE CHAPTER 1: ZONING ORDINANCE, ARTICLE 1-5: ZONING BULK AND USE REGULATIONS, § 1-5-1 RESIDENTIAL USE REGULATIONS AND § 1-5-3 NON- RESIDENTIAL USE REGULATIONS A) ARTICLE 1-5: ZONING BULK AND USE REGULATIONS §1-5-1 RESIDENTIAL USE REGULATIONS. Table 5-1 is amended in its entirety, which illustrates the use regulations for all residential zoning districts, as follows: TABLE 5-1: RESIDENTIAL USE REGULATIONS USE1STRUCTURE TYPE RS-GR RS-54 RS-54M RS-20 RS-20M RS-10 RS-10M RS-7 RS-7M RS-5 RM-1 RM-2 RM-3 MHP RVP Single-Family Detached P P P P P P P P P P Conventional Housing Single-Family Detached P -- P -- P -- P -- P -- -- __ __ P P Manufactured Housing Multi-Family Residential Housing -- -- -- -- -- -- -- -- -- -- P P P -- -- HUD Certified Park Model Alternative P -- P -- P -- P -- P -- -- -- -- P P Recreational Vehicle as Primary -- -- -- -- -- -- -- -_ -_ -_ __ __ __ P P Residence16 Boarding House -- -- -- -- - -- -- -- -- -- C C C -- -- Bed & Breakfast and Resorts C C C C C -- -- -- -- -- -- -- -- -- -- Child Care Homes' A A A A A A A A A A C C C -- -- Airports and Heliports2 -- -- -- -- _ -- -- -- -- -- -- -- -- -- -- Personal Caretaker Unit3 A A A A A A A A A A -- -- -- -- -- [February 2025] Page 1 USEtSTRUCTURE TYPE RS-GR RS-54 RS-54M -20 RS-20M )RS-90 RS-90M RS-7 RS-7M RS-5 M-9 RM-2 RM-3 MHP RV Property Caretaker/ Ranch Hand A A A A A Unit4 Accessory Dwelling Units A A A A A A A A A A -- -- -- -- -- Temp. Living Quarters During P P P P P P P P P P Construction6 Public/Private Schools K to 1215 C C C C C C C C C C C C C C C Religious Institutions C C C C C C C C C C C C C C C Civic Uses and Structures A A A A A A A A A A A A A A A Above Ground Utilities? A A A A A A A A A A A A A A A Telecom Facilities C C C C C C C C C C C C C C C Lodges/Clubs Model Homes$ A A A A A A A A A A A A A A A Detached Garages9 P P P P P P P P P P P P P P P Accessory Structures9 (except cargo P P P P P P P P P P P P P P P cont.) Equestrian Activities (private)10 P P P P P P P P P P -- -- -- -- -- Equestrian Activities (commercial)10 C C C Commercial Agriculture" P -- -- -- -- -- -- -- -- -- -- -- -- Non-commercial Agriculture" P P P P P P P P P P P P P P P [February 2025] Page 2 USEISTRUCTURE TYPE RS-GR RS-54 RS-54M RS-20 RS-20M RS-10 RS-IOM RS-7 RS-7M RS-5 RM-1 RM-2 RM-3 MHP RVP Produce Sales" P Feed Lots" Solar PanelS12 P P P P P P P P P P F, P P F, F, I I I I I I Alternate non-solar) Energy C C C C C C C C C C C C C C C Technologies12 Guest Ranch C C C C C Commercial Recycling Bins P P Animal Keeping See Vol, lU1-6-17 Temporary Uses and Structures See Vol. ll, 1-6-Q Home Occupations See Vol. ll, -Q 1.6 Signs See Vol. ll,.Ailiqlq_1-11 Fences/Walls See Vol. ll, § 1-6.3 Swimming Pools and Sports Courts See Vol.IL§-1-_6_1 I Cargo Containers See Vol, . 1-.6-8 Outdoor Storage See YgLj_� _§ 1-6-9 Group Care Homes See YgLjL-§j&:j 0 Subdivision and HOA Activities See Footnote# 14 [February 2025] Page 3 P = Permitted use by right. A YES indicates that the listed use is permitted by-right within the respective zoning district. Permitted uses are subject to all other applicable standards (see Vol. 11, Article 1-6,Supplemental Regulations). C =Conditional use permit. A CUP indicates that the listed use is permitted within the respective zoning district only after review and approval of a conditional use permit, in accordance with the review and approval procedure of Vol. 11, § 1-16-12(D). A=Administrative use permit.An AUP indicates that the use and/or structure is permitted within the respective zoning district following review and approval of an administrative permit by the Development Services Director or designee in accordance with Vol. 11, § 1-16-12(C). --= Prohibited uses. A NO indicates that the listed use type is expressly not allowed within the respective zoning district. Footnotes from Table 5-1: 1. This classification includes home based nursery schools, preschools, and day care facilities for children through the age of 12 licensed by the State of Arizona.The maximum amount of non-resident children allowed on-site is 6 or less. 2. See Vol. 11, § 1-6-14 for airports and helipads regulations. 3. See Vol. 11, § 1-6-20 for personal caretaker unit regulations. 4. See Vol. 11, § 1-6-7(D)(7)for property caretaker/ranch hand regulations. 5. See Vol. 11, § 1-6-19 for accessory dwelling unit regulations. 6. A travel trailer, motor home or fifth wheel may be parked and used as a temporary living quarters, or an existing legal manufactured home located on the premises may be used as a temporary residence,for up to 8 months while a home is being constructed on a single-family residentially zoned property subject to compliance with the main building's setback requirements.The temporary quarters may be temporarily connected to utilities subject to proper permitting(see Vol. 11, § 1-6-23,Table 6-3). 7. See Vol. II, § 1-6-21 regarding regulations for utility installations. 8. See Vol. 11, Article 1-17 regarding model home definition and restriction. 9. See Vol. 11, § 1-6-5 for accessory structure regulations. [February 2025] Page 4 10. The keeping of horses for private use requires a minimum of 1.25 grass acres. See Vol. 11, § 1-6-7 for further equestrian regulations. 11. See Vol. 11, § 1-6-18 for agriculture use regulations. 12. See Vol. 11, § 1-6-16 for alternative energy technologies regulations. 13. See Vol. 11, § 1-6-21 for utility installation regulations. 14. Ancillary retail sales and special events/activities intended for subdivision residents only. Homeowner's Associations shall apply for and obtain an AUP from the Zoning Administration prior to conducting or allowing ancillary retail sales (e.g., market days, craft/art sales,fundraisers and temporary food vendors). If approved,the Zoning Administrator shall issue an AUP with written conditions of approval in accordance with the following: a. All proprietors and vendors shall possess valid business licenses and permits as required by the City Code, and comply with required sales tax administration and collection processes. b. The application for an administrative permit shall contain a description of the ancillary retail sales activity, maximum number and type of vendors, days and hours of operation and a site plan illustrating the location and parking associated with the retail sales. c. All signs that describe or relate to ancillary retail activities shall not be visible from beyond the boundaries of the subdivision. d. Ancillary retail sales shall be conducted indoors within the recreational/social center or outdoors within a common area. e. Parking for approved retail uses shall be accommodated within established and approved parking areas, or with on-street parking approved by the Zoning Administrator. f. Ancillary retail sales shall be directed to and be for the benefit of subdivision residents and their guests only. g. Ancillary retail sales shall not exceed more than 3 days per week and shall operate between the hours of 7:00 a.m. and 10:00 p.m. h. The administrative permit may be valid for multiple events. i. Failure to comply with the conditions of approval established in the administrative permit may result in the revocation of the permit, and prohibition on issuing future retail sales permits to the subdivision. [February 2025] Page 5 Ancillary Retail Sales and Special Events/Activities Intended for Subdivision Residents and Non-Subdivision Residents. Special events and/or activities hosted or sponsored by the subdivisions (e.g., concerts,fund raisers, lectures, seminars,workshops, educational classes, recreation, food/beverage sales, sporting events and meetings) or ancillary retail uses (e.g., restaurants, personal care services, specialty retail and professional offices)shall only be allowed subject to approval of a CUP or, if applicable, compliance with Chapter 8,Vol. I of the City Code regarding special events. 15. Conditional use permit approval shall be required for public and private schools unless pre-empted by state law. Charter schools located on single-family zoned properties less than 1-acre in size shall be prohibited. 16. See Vol. II, § 1-9-3 for recreational vehicle and manufacture home park regulations. [February 2025] Page 6 B) ARTICLE 1-5: ZONING BULK AND USE REGULATIONS §1-5-3 NON-RESIDENTIAL USE REGULATIONS. Table 5-3 is amended in its entirety, which illustrates the use regulations for all non-residential zoning districts, as follows: TABLE 5-3: NON-RESIDENTIAL USE REGULATIONS USE CATEGORY SPECIFIC USE TYPE' B-1 B-2 B-3 B-44 B-54 PI Gen. Old City Cen. Bus Park/ Ind. Pub/Inst. West Light Ind. Motor Vehicle Dealer P P P General Automotive P P P Repair RV Sales/Service/Repair -- -- -- C C -- Boat,ATV&Motorcycle P P -- P -- -- Sales/Service Semi-Truck -- -- -- C C -- Service/Repair Semi-Truck Stop -- -- -- C C -- Vehicle Services Body Shops -- -- -- P P and Rentals Car Washes P P -- Vehicle Rental and P P -- P P -- Leasing Truck,Trailer and C C -- P P -- Moving Vehicle Rentals Machinery and Equip. P P -- P P -- Rental (Indoor) Machinery and C C -- P P -- Equipment Rental (Indoor/Outdoor) General Retail (Personal Goods, Household Goods, P P P Consumer Electronics, Retail Sales and Specialty Goods,etc.) Services Automotive Parts and P P P6 P P -- Accessory Sales Manufactured/Mobile -- -- -- C C -- Home Sales [February 2025] Page 1 USE CATEGORY SPECIFIC USE TYPE' B-1 B-2 B-3 B_44 B-5 4 PI Gen. Old City Cen. Bus Park/ Ind. Pub/Inst. West Light Ind. Appliances& Parts Sales P P P6 P P and Repair Stores Hardware Store P P P Building Materials and C C 1p P Supplies Sales(Indoors and/or Outdoors) Lawn and Garden P P P6 P P Equipment/Supply Sales Feed and Fertilizer Sales C C P6 C P Nursery/Greenhouses C C P P with On-Site Sales Grocery Stores P P P Gasoline Stations and P P P Convenience Stores Beer,Wine and Liquor P P P6 Stores Shopping Centers P P C9 Retail Sales and Big-Box Stores and P P Services Warehouse Clubs Thrift Store/Used P P Merchandise Sales Antique Stores P P Pet and Pet Supply Sales P P P6 P Pet Care/Veterinary P P P6 P Clinic Kennels/Pet Day Care P P P Tobacco and Related P P P6 Product Sales Electronic Shopping and P P P Mail-Order Sales Stand-alone Bottled Gas C C P6 C C and Biofuel Dealers Bakery Sales(small- P P P scale, not factory or distribution warehousing) Bakery Sales(large scale P P including distribution or warehousing) [February 2025] Page 2 USE CATEGORY; SPECIFIC USE TYPE' B-1 B-2 B-3 B-44 " 8-54 PI Gen. Old City Cen.i Bus Park/ Ind. Pub/Inst. West Light Ind. Medical Marijuana C9 C9 C9 C9 - Facilities& Dual Licensees Marijuana -- -- -- -- -- -- Establishments Marijuana Cultivation -- -- -- -- --and Infusion Facilities Marijuana Cultivation -- -- -- -- -- -- Marijuana Testing Facilities Swap Meets C9 C9 -- -- -- -- Farmers Markets P P P -- -- P Pawn Shops -- P -- -- -- -- Temporary Retail Carts A A A A -- A and Kiosks Printing Shop P P P P -- -- Cleaning and Janitorial P P P Services Landscaping and Retail Sales and Exterminating Services P P -- Services Business Equipment P P P P Maintenance and Repair Personal and Household Goods Repair s (Electronics, Furniture, P P P P P etc.) Dry Cleaning Services P P P Laundromat P P -- -- -- -- Linen and Uniform P P -- -- -- -- Retail Linen,Carpet,and -- -- -- P P -- Uniform Supply& Cleaning Personal Care Services (e.g. Hair, Nails and Skin P P P -- -- -- Care) Tattoo Services P P P -- -- -- Death Care Services/ C C -- C C -- Funeral Homes Crematories -- -- -- C C -- [February 2025] Page 3 USE CATEGORY; SPECIFIC USE TYPE' B-1 B-2 B-3 B-44 " 8-54 PI Gen. Old City Cen.i Bus Park/ Ind. Pub/Inst. West Light Ind. Taxidermist -- -- -- P P -- Commercial Parking C9 C9 C9 C C C Lots and Garages Fraternal Organizations P P P (Clubs and Lodges) Retail Sales and Banks and Credit Unions P P P -- -- -- Services Securities/Commodities P P P -- -- P Off ice/Sales/Exchanges Check Cashing Store C C -- -- -- -- Adult Oriented Uses -- -- -- -- C9 General Offices P P P P7 P7 -- Office Call Center P P -- Elementary, Middle, P P P P P P and High Schools& Educational Colleges/Universities Services Trade Schools P P P P P P Administrative Services P P P P P P Physicians, Dental and P P P -- -- -- Health Practitioners Outpatient& P P -- -- -- -- Ambulatory Care Centers Medical and Diagnostic P P P -- -- -- Labs Home Health Care P P P -- -- -- Services Blood and Organ Banks P P -- P -- -- Health Care and General Medical and P P -- -- -- P Social Assistance Surgical Hospitals Psychiatric&Substance C9 C9 -- -- -- -- Abuse Facilities Nursing and Residential P P -- -- -- -- Care Facilities Individual and Family P P -- -- -- -- Care Services Homeless Shelter -- -- -- C9 C9 -- Community Food and -- -- -- C9 C9 -- Relief Services [February 2025] Page 4 USE CATEGORY; SPECIFIC USE TYPE' B-1 B-2 B-3 B-44 " 8-54 PI Gen. Old City Cen.i Bus Park/ Ind. Pub/Inst. West Light Ind. Child&Adult Day Care P P P6 P -- P Services Vocational Rehab P P -- P -- -- Services Movie Theaters P P P -- -- -- Performing Arts P P P -- -- P Facilities Spectator Sports C9 C9 C9 -- -- __ Facilities Museums and Historical P P P -- -- P Sites Zoos, Nature Parks and C9 C9 -- -- -- __ Botanical Gardens Amusement Parks -- -- -- C9 C9 Indoor Arcades P P P -- -- -- Gambling Facilities C9 C9 C9 -- -- __ Private Recreational C9 C9 -- C9 C9 Facilities(Outdoor) Arts, (Private Sports Entertainment, Complexes,Golf Recreation,and Open Space Courses,etc.) Private Recreational P P P P Facilities(Indoor) (Gyms, Martial Arts Studios,Yoga Studios, Paintball Courses,etc.) Event Centers&Venues C9 C9 C9 C9 -- -- Public Recreational A A A A A A Facilities Public Outdoor Music A A A A A A Festivals/Events Private Outdoor Music C C C C -- C Festivals/Events Commercial Equestrian C C -- __ __ C Boarding, Rentals, Arenas and Academies Cemeteries/Mausoleum -- -- -- -- -- C9 Restaurants& P P P C C -- Delicatessen Food and Drinking Caterers P P P6 P -- -- Establishments Confectionary and Ice P P P -- -- -- Cream Sales [February 2025] Page 5 USE CATEGORY; SPECIFIC USE TYPE' B-1 B-2 B-3 B-44 "' 8-54 PI Gen. Old City Cen.i Bus Park/ Ind. Pub/Inst. West Light Ind. Bars, Breweries, Brew P P P C C -- Pubs and Tasting Rooms Restaurants/Bars/Clubs C C C -- -- -- (With Amplified Outdoor Music) Government Offices P P P P P P and Courts Public Services P P P P P P Public (Libraries, Parks, Public Administration Safety Buildings) Detention/Correctional -- -- -- C9 C9 C9 Facilities or Institutions Mining, Oil and Gas Extraction C9 C9 -- C9 C9 C9 Quarrying,Gas Mining -- -- -- C9 C9 C9 and Oil Quarrying -- -- -- C9 C9 C9 Electric Power C C C C C C Generation3 Water and Sewerage C C C C C P Systems/Facilities Telecommunication Facilities C C C C C P (Antennas or Towers) Telecommunication Utilities Facilities (Antennas or Towers) P P P P P P on land owned,leased, or otherwise controlled by the City Other Utilities See§ 1-6-21 Alternative Energy See§ 1-6-16 Generation Facilities Light Manufacturing -- -- -- P P -- (Located within an enclosed building and only generates moderate and manageable traffic, noise,vibration,odor, glare and/or light impacts) Heavy Manufacturing -- -- -- -- C -- Manufacturing (Indoor and/or Outdoor: Assembly, manufacturing, processing, repair and/or storage,and that may generate traffic, noise,vibration,odor, [February 2025] Page 6 glare,and/or light impacts that need to be conditionally managed) Ancillary P2 P2 P2 N/A N/A P Manufacturin g2 USE CATEGORY SPECIFIC USE TYPE' B-1 B-2 B-3 B-4 4 B_54 PI Gen. Old City Cen. Bus Park/ Ind. Pub/Inst. West Light Ind. Contractors office,shop P P P P and/or storage(indoors) Contractors office,shop C C C C Construction and/or storage(indoors and/or outdoors) Craftsman and Artisan P P P P P (indoors) Craftsman and Artisan C C C C (Outdoors) Truck Transportation C C Terminal Bus Transportation C C C Terminal Air Transportation C9 C9 C9 Terminal Taxi and Limousine P P P Service Transportation Towing Truck Parking C C and Storage and Warehousing Scenic and Sightseeing C C C C C Terminal/Parking Postal,Courier and P P P P P P Delivery Service General Warehouse and P P Storage(indoor) Self Storage Facility C9 C9 Distribution Facilities C C Outside Storage Yards C C Motion Pictures and C C P P Sound Recording Indus. Broadcasting and P P P P P Information Recording Data Center/Data --9 C9 Processing Facilities Transfer Station/ Waste Material Recovery -- C9 C9 Management Center And Remediation Solid Waste Disposal C9 C9 Sites [February 20251 Page 7 USE CATEGORY; SPECIFIC USE TYPE' B-1 B-2 B-3 B-44 "' 8-54 PI Gen. Old City Cen.i Bus Park/ Ind. Pub/Inst. West Light Ind. Recycling Facilities -- -- -- -- C9 C9 Waste Tire Collection C9 and/or Storage Crop Production -- -- -- P P -- Feed Lots -- -- -- -- -- Greenhouse and C C -- P P -- Agriculture Nursery Beef, Dairy,Sheep,Goat -- -- -- -- C and Hog Production Poultry and Egg -- -- -- C C -- Production Aquaculture -- -- -- C C -- Single-Family Detached -- -- -- -- -- -- Residential Multi-Family Residential -- -- C9 -- -- -- (Including Apartments, (13 DU/ Condominiums or AC Min.) Residential Uses' Townhouses) Assisted Living Facility P P -- -- -- -- Group Care Home -- -- -- -- -- -- Live/Work Unit C C P -- -- C Hotels, Motels and P P P -- -- -- Resorts Bed and Breakfast Inns P P Accommodation and Lodging -- -- -- -- -- -- RV Campgrounds Boarding House -- -- -- -- Institution(seating Religious capacity of up to 1,500 P P P P P P Institutions/ persons) Places of Worship Large Institution (seating capacity C C C C C C greater than 1,500 persons) "P"=Permitted Use by Right.A"P"indicates that the listed use is permitted by-right within the respective zoning district. "C" =Conditional Use Permit.A"C" indicates that the listed use is permitted within the respective zoning district only after review and approval of a Conditional Use Permit, in accordance with the review and [February 2025] Page 8 approval procedures of§ 1-16-12 (D).The approval of"C" uses noted with Footnote 9, shall be subject to City Council review through an additional public hearing. "A" = Administrative Use Permit. An "A" indicates that the use and/or structure is permitted within the respective zoning district following review and approval of an administrative permit by the Development Services Director or designee in accordance with § 1-16-12 (C). "—" = Prohibited Uses. A "--" indicates that the listed use type is expressly not allowed within the respective zoning district. Footnotes from Table 5-3: 1. Where land use category definitions are not provided or unclear,the Zoning Administrator shall be responsible for interpretation. 2. An ancillary manufacturing use is a subsidiary or secondary use or operation connected to the main use of a building.Ancillary manufacturing uses shall be allowed in the B-1, B-2 or B-3 zoning districts if incidental and subordinate to the primary retail, office, public or quasi/public use, provided that not more than 50%, up to a maximum of 1,500 square feet,of the floor area of the business is engaged in these ancillary manufacturing activities. No outside manufacturing, processing,repair or equipment/inventory storage shall be allowed for ancillary uses(see Section 1-6-26). Ancillary manufacturing uses proposed to be greater than 1,500 square feet and/or 50%of the total floor area may be approved as a conditional use by the Planning and Zoning Commission (see Section 1-6-26). 3. See § 1-6-16 (B)for alternate energy production regulations. 4. Land uses listed in the B-4 and B-5 district that propose outdoor assembly,repair,manufacturing, processing and/or storage shall require conditional use permit approval even if identified in Table 5-3 as a permitted use by right. 5. See § 1-6-15 for adult oriented business regulations. 6. The noted retail and service use categories shall only be permitted in the B-3 zoning district when they are an incidental use to a permitted primary use. The noted use categories shall not be operated as primary stand-alone facilities,but may be permitted as individual occupancies within "strip" or"in-line" commercial centers. 7. Offices in B-4 and B-5 zoning districts shall only be permitted as ancillary uses. 8. Where a non-residential property was previously developed for commercial uses and is being redeveloped for residential uses, the new development plan shall contain whichever is greater of either: (i) a minimum of 25% of the previous commercial building square footage on the new site for commercial uses, or; (ii) a minimum of 35%of the acreage shall be used for commercial uses. [February 2025] Page 9 This definition of commercial uses shall be interpreted in a broad sense to include all typical retail, commercial and office uses. 9. Noted land uses shall be subject to City Council review and approval through a public hearing, following a recommendation by the Planning and Zoning Commission. [February 2025] Page 10 2025 AMENDMENTS TO THE APACHE JUNCTION CITY CODE, VOLUME II, LAND DEVELOPMENT CODE CHAPTER 1: ZONING ORDINANCE, ARTICLE 1-5: ZONING BULK AND USE REGULATIONS, § 1-5-1 RESIDENTIAL USE REGULATIONS AND § 1-5-3 NON- RESIDENTIAL USE REGULATIONS A) ARTICLE 1-5: ZONING BULK AND USE REGULATIONS §1-5-1 RESIDENTIAL USE REGULATIONS. Table 5-1 is amended in its entirety, which illustrates the use regulations for all residential zoning districts, as follows: TABLE 5-1: RESIDENTIAL USE REGULATIONS USE1STRUCTURE TYPE RS-GR RS-54 RS-54M RS-20 RS-20M RS-10 RS-10M RS-7 RS-7M RS-5 RM-1 RM-2 RM-3 MHP RVP Single-Family Detached P P P P P P P P P P Conventional Housing Single-Family Detached P -- P -- P -- P -- P -- -- -- -- P G Manufactured Housing p Multi-Family Residential Housing -- __ __ __ __ __ -- -- -- -- P P P -- -- HUD Certified Park Model Alternative P -- P -- P -- P -- P -- -- -- -- P P Recreational Vehicle as Primary -- -- -- -- -- -- -- -- -- -- -- -- -- P P Resldence16 Boarding House __ __ __ __ _ __ __ __ __ __ C C C -- -- Bed & Breakfast and Resorts C C C C C -- -- -- -- -- -- -- -- -- -- Child Care Homes' A A A A A A A A A A C C C -- -- Airports and Heliports2 __ G__ __ -- -- -- -- -- -- -- -- -- -- -- -- Personal Caretaker Unit3 A A A A A A A A A A [February 2025] Page 1 USEtSTRUGTURE TYPE R -54 S-54M -20 RS-20M RS-90 RS-90M RS-7 RS-7M RS-5 M-9 RM-2 RM-3 MHP RV Property Caretaker/ Ranch Hand A A A A A Unit4 Accessory Dwelling Units A A A A A A A A A A Temp. Living Quarters During P P P P P P P P P P Construction6 Public/Private Schools K to 1215 C C C C C C C C C C C C C C C Religious Institutions C C C C C C C C C C C C C C C Civic Uses and Structures A A A A A A A A A A A A A A A Above Ground Utilities' A A A A A A A A A A A A A A A Telecom Facilities C C C C C C C C C C C C C C C Lodges/Clubs -- -- -- -- -- -- -- -- -- __ __ __ _ G-_ G-_ Model Homes$ A A A A A A A A A A A A A A A Detached Garages9 P P P P P P P P P P P P P P P Accessory Structures9 (except cargo P P P P P P P P P P P P P P P cont.) Equestrian Activities (private)10 P P P P P P P P P P -- -- -- -- -- Equestrian Activities (commercial)10 C C C -- -- -- -- -- -- -- -- -- -- -- -- Commercial Agriculture" P G__ G__ -- -- -- -- -- -- -- -- -- -- -- -- Non-commercial Agriculture" P P P P P P P P P P P P P P P [February 2025] Page 2 Produce Sales" P Feed Lots" Technologies 12 Commercial Recycling Bins P P Temporary Uses and Structures See Vol, lUj-6-23 Home Occupations See VoI,Jj,_§_1-6-6 Fences/Walls See Vol,jj_§_1-6-3 Swimming Pools and Sports Courts See Vol, [L§_1-6-1 I Cargo Containers See Vol,L�. 1-.6-8 Group Care Homes See YgI, 10 Subdivision and HOA Activities See Footnote# 14 YES P = Permitted use by right.A YES indicates that the listed use is permitted by-right within the respective zoning district. Permitted uses are subject to all other applicable standards (see Vol. ||,Article 1-6,Supplemental Regulations). [February2O25] Page C=Conditional use permit. A CUP indicates that the listed use is permitted within the respective zoning district only after review and approval of a conditional use permit, in accordance with the review and approval procedure of Vol. 11, § 1-16-12(D). AUR A=Administrative use permit.An AUP indicates that the use and/or structure is permitted within the respective zoning district following review and approval of an administrative permit by the Development Services Director or designee in accordance with Vol. 11, § 1-16-12(C). 49--= Prohibited uses.A NO indicates that the listed use type is expressly not allowed within the respective zoning district. Footnotes from Table 5-1: 1. This classification includes home based nursery schools, preschools, and day care facilities for children through the age of 12 licensed by the State of Arizona.The maximum amount of non-resident children allowed on-site is 6 or less. 2. See Vol. 11, § 1-6-14 for airports and helipads regulations. 3. See Vol. 11, § 1-6-20 for personal caretaker unit regulations. 4. See Vol. 11, § 1-6-7(D)(7)for property caretaker/ranch hand regulations. 5. See Vol. 11, § 1-6-19 for accessory dwelling unit regulations. 6. A travel trailer, motor home or fifth wheel may be parked and used as a temporary living quarters,or an existing legal manufactured home located on the premises may be used as a temporary residence,for up to 8 months while a home is being constructed on a single-family residentially zoned property subject to compliance with the main building's setback requirements.The temporary quarters may be temporarily connected to utilities subject to proper permitting(see Vol. II, § 1-6-23,Table 6-3). 7. See Vol. 11, § 1-6-21 regarding regulations for utility installations. 8. See Vol. 11, Article 1-17 regarding model home definition and restriction. 9. See Vol. 11, § 1-6-5 for accessory structure regulations. 10. The keeping of horses for private use requires a minimum of 1.25 grass acres. See Vol. 11, § 1-6-7 for further equestrian regulations. 11. See Vol. 11, § 1-6-18 for agriculture use regulations. [February 2025] Page 4 12. See Vol. II, § 1-6-16 for alternative energy technologies regulations. 13. See Vol. II, § 1-6-21 for utility installation regulations. 14. Ancillary retail sales and special events/activities intended for subdivision residents only. Homeowner's Associations shall apply for and obtain an AUP from the Zoning Administration prior to conducting or allowing ancillary retail sales (e.g., market days, craft/art sales,fundraisers and temporary food vendors). If approved,the Zoning Administrator shall issue an AUP with written conditions of approval in accordance with the following: a. All proprietors and vendors shall possess valid business licenses and permits as required by the City Code, and comply with required sales tax administration and collection processes. b. The application for an administrative permit shall contain a description of the ancillary retail sales activity, maximum number and type of vendors, days and hours of operation and a site plan illustrating the location and parking associated with the retail sales. c. All signs that describe or relate to ancillary retail activities shall not be visible from beyond the boundaries of the subdivision. d. Ancillary retail sales shall be conducted indoors within the recreational/social center or outdoors within a common area. e. Parking for approved retail uses shall be accommodated within established and approved parking areas, or with on-street parking approved by the Zoning Administrator. f. Ancillary retail sales shall be directed to and be for the benefit of subdivision residents and their guests only. g. Ancillary retail sales shall not exceed more than 3 days per week and shall operate between the hours of 7:00 a.m. and 10:00 p.m. h. The administrative permit may be valid for multiple events. i. Failure to comply with the conditions of approval established in the administrative permit may result in the revocation of the permit, and prohibition on issuing future retail sales permits to the subdivision. Ancillary Retail Sales and Special Events/Activities Intended for Subdivision Residents and Non-Subdivision Residents. Special events and/or activities hosted or sponsored by the subdivisions (e.g., concerts,fund raisers, lectures, seminars,workshops, educational classes, recreation, food/beverage sales, sporting events and meetings) or ancillary retail uses (e.g., restaurants, personal care services, specialty retail and [February 2025] Page 5 professional offices)shall only be allowed subject to approval of a CUP or, if applicable, compliance with Chapter 8,Vol. I of the City Code regarding special events. 15. Conditional use permit approval shall be required for public and private schools unless pre-empted by state law. Charter schools located on single-family zoned properties less than 1-acre in size shall be prohibited. 16. See Vol. II, § 1-9-3 for recreational vehicle and manufacture home park regulations. [February 2025] Page 6 B) ARTICLE 1-5: ZONING BULK AND USE REGULATIONS §1-5-3 NON-RESIDENTIAL USE REGULATIONS. Table 5-3 is amended in its entirety, which illustrates the use regulations for all non-residential zoning districts, as follows: TABLE 5-3: NON-RESIDENTIAL USE REGULATIONS USE CATEGORY SPECIFIC USE TYPE' B-1 B-2 B-3 B-44 B-54 PI Gen. Old City Cen. Bus Park/ Ind. Pub/Inst. West Light Ind. Motor Vehicle Dealer P P P General Automotive P P P Repair RV Sales/Service/Repair -- -- -- C C -- Boat,ATV&Motorcycle __ P __ P -- P -- -- Sales/Service Semi-Truck -- -- -- C C -- Service/Repair Semi-Truck Stop -- -- -- C C -- Vehicle Services Body Shops -- -- -- P P and Rentals Car Washes P P -- Vehicle Rental and C P C P -- P P -- Leasing Truck,Trailer and C C -- P P -- Moving Vehicle Rentals Machinery and Equip. P P -- P P -- Rental (Indoor) Machinery and C C -- P P -- Equipment Rental (Indoor/Outdoor) General Retail (Personal Goods, Household Goods, P P P -- -- -- Consumer Electronics, Retail Sales and Specialty Goods,etc.) Services Automotive Parts and P P P6 Cp Cp Accessory Sales Manufactured/Mobile -- -- -- C C -- Home Sales [February 2025] Page 1 USE CATEGORY SPECIFIC USE TYPE' B-1 B-2 B-3 B_44 B-5 4 PI Gen. Old City Cen. Bus Park/ Ind. Pub/Inst. West Light Ind. Appliances& Parts Sales P P P6 P P and Repair Stores Hardware Store P P P Building Materials and C C CID P Supplies Sales(Indoors and/or Outdoors) Lawn and Garden P P P6 P P Equipment/Supply Sales Feed and Fertilizer Sales C C P6 C P N ursery/Green houses C C P P with On-Site Sales Grocery Stores P P P Gasoline Stations and P P P Convenience Stores Beer,Wine and Liquor P P P6 Stores Shopping Centers P P C9 Retail Sales and Big-Box Stores and P P Services Warehouse Clubs Thrift Store/Used P P Merchandise Sales Antique Stores P P Pet and Pet Supply Sales P P P6 P Pet Care/Veterinary P P P6 P Clinic Kennels/Pet Day Care P P P Tobacco and Related P P C_p6 Product Sales Electronic Shopping and P P P Mail-Order Sales Stand-alone Bottled Gas C C P6 C C and Biofuel Dealers Bakery Sales(small- P P P scale, not factory or distribution warehousing) Bakery Sales(large scale P P including distribution or warehousing) [February 2025] Page 2 USE CATEGORY; SPECIFIC USE TYPE' B-1 B-2 B-3 B-44 " 8-54 PI Gen. ©Id City Cen.i Bus Park/ Ind. Pub/Inst. West Light Ind. Medical Marijuana C9 C9 -- C9 C9 -- Facilities& Dual Licensees Marijuana -- -- -- -- -- -- Establishments Marijuana Cultivation -- -- -- -- --and Infusion Facilities Marijuana Cultivation -- -- -- -- -- -- Marijuana Testing Facilities Swap Meets Cg Cg -- -- -- -- Farmers Markets P P P -- -- P Pawn Shops -- P -- -- -- -- Temporary Retail Carts A A A A -- A and Kiosks Printing Shop P P P P -- -- Cleaning and Janitorial P P P Services Landscaping and Exterminating P P Retail Sales and g Services Services Business Equipment P P P P Maintenance and Repair Personal and Household Goods Repair 6 (Electronics, Furniture, P P P P P etc.) Dry Cleaning Services P P P Laundromat P P -- -- -- -- Linen and Uniform P P -- -- -- -- Retail Linen,Carpet,and -- -- -- P P -- Uniform Supply& Cleaning Personal Care Services (e.g. Hair, Nails and Skin P P P -- -- -- Care) Tattoo Services P P P -- -- -- Death Care Services/ C C -- C --C -- Funeral Homes Crematories -- -- -- C C -- [February 2025] Page 3 USE CATEGORY; SPECIFIC USE TYPE' B-1 B-2 B-3 B-44 " 8-54 PI Gen. Old City Cen.i Bus Park/ Ind. Pub/Inst. West Light Ind. Taxidermist -- -- -- P P -- Commercial Parking C9 C9 C9 C C C Lots and Garages Fraternal Organizations P P P (Clubs and Lodges) Retail Sales and Banks and Credit Unions P P P -- -- -- Services Securities/Commodities P P P -- -- P Off ice/Sales/Exchanges Check Cashing Store C C -- -- -- -- Adult Oriented Uses -- -- -- -- C9 General Offices P P P P7 P7 -- Office Call Center P P -- Elementary, Middle, P P P P P P and High Schools& Educational Colleges/Universities Services Trade Schools P P P P P P Administrative Services P P CP P P P Physicians, Dental and P P P Health Practitioners Outpatient& P P -- -- -- -- Ambulatory Care Centers Medical and Diagnostic P P P -- -- -- Labs Home Health Care P P P -- -- -- Services Blood and Organ Banks P P -- P -- -- Health Care and General Medical and P P -- -- -- P Social Assistance Surgical Hospitals Psychiatric&Substance 42C9 PC9 -- -- -- -- Abuse Facilities Nursing and Residential P P -- -- -- -- Care Facilities Individual and Family P P -- -- -- -- Care Services Homeless Shelter -R-- -_ -- ..--C9 —C9 -- Community Food and -- P'-- -- PC9 —Cg -- Relief Services [February 20251 Page 4 USE CATEGORY; SPECIFIC USE TYPE' B-1 B-2 B-3 B-44 " 8-54 PI Gen. Old City Cen.i Bus Park/ Ind. Pub/Inst. West Light Ind. Child&Adult Day Care P P P6 P -- P Services Vocational Rehab P P -- P -- -- Services Movie Theaters P P P -- -- -- Performing Arts P P P -- -- P Facilities Spectator Sports C9 C9 C9 -- -- C-- Facilities Museums and Historical P P P -- -- P Sites Zoos, Nature Parks and C9 C9 -- -- -- C--- Botanical Gardens Amusement Parks C C -- C9 C9 C--- Indoor Arcades P P P -- -- -- Gambling Facilities C9 C9 C9 -- -- C.-- Private Recreational C9 C9 -- C9 C9 C-. Facilities(Outdoor) Arts, (Private Sports Entertainment, Complexes,Golf Recreation,and Open Space Courses,etc.) Private Recreational P P P P -- C Facilities(Indoor) (Gyms, Martial Arts Studios,Yoga Studios, Paintball Courses,etc.) Event Centers&Venues C9 C9 C9 C9 -- -- Public Recreational A A A A A A Facilities Public Outdoor Music A A A A A A Festivals/Events Private Outdoor Music C C C C -- C Festivals/Events Commercial Equestrian C C -- C C- C Boarding, Rentals, Arenas and Academies Cemeteries/Mausoleum C -- -- -- C9 Restaurants& P P P —C --C C--- Delicatessen Food and Drinking Caterers P P P6 P -- -- Establishments Confectionary and Ice P P P -- -- -- Cream Sales [February 2025] Page 5 USE CATEGORY; SPECIFIC USE TYPE' B-1 B-2 B-3 B-44 "' 8-54 PI Gen. Old City Cen.i Bus Park/ Ind. Pub/Inst. West Light Ind. Bars, Breweries, Brew P P P —C ---C -- Pubs and Tasting Rooms Restaurants/Bars/Clubs C C C -- -- -- (With Amplified Outdoor Music) Government Offices P P P P P P and Courts Public Services P P P P P P Public (Libraries, Parks, Public Administration Safety Buildings) Detention/Correctional -- -- -- C9 C9 C9 Facilities or Institutions Mining, Oil and Gas Extraction C9 C9 -- C9 C9 C9 Quarrying,Gas Mining -- -- -- C9 C9 C9 and Oil Quarrying -- -- -- C9 C9 C9 Electric Power C C C C C C Generation Water and Sewerage C C C C C P Systems/Facilities Telecommunication Facilities C C C C C P (Antennas or Towers) Telecommunication Utilities Facilities (Antennas or Towers) P P P P P P on land owned,leased, or otherwise controlled by the City Other Utilities See§ 1-6-21 Alternative Energy See§ 1-6-16 Generation Facilities Light Manufacturing -- -- -- P P -- (Located within an enclosed building and only generates moderate and manageable traffic, noise,vibration,odor, glare and/or light impacts) Heavy Manufacturing -- -- -- -- C -- Manufacturing (Indoor and/or Outdoor: Assembly, manufacturing, processing, repair and/or storage,and that may generate traffic, noise,vibration,odor, [February 2025] Page 6 glare,and/or light impacts that need to be conditionally managed) Ancillary P2 P2 P2 N/A N/A P Manufacturin g2 USE CATEGORY SPECIFIC USE TYPE' B-1 B-2 B-3 8-4 4 B_54 PI Gen. Old City Cen. Bus Park/ Ind. Pub/Inst. West Light Ind. Contractors office,shop P P P P and/or storage(indoors) Contractors office,shop C C C P C Construction and/or storage(indoors and/or outdoors) Craftsman and Artisan P P P P P (Indoors) Craftsman and Artisan C C C P C C-- (Outdoors) Truck Transportation C C Terminal Bus Transportation C C C Terminal Air Transportation C9 C9 -P C9 Terminal Taxi and Limousine P P P Service Transportation Towing Truck Parking C 9 C and and Storage Warehousing Scenic and Sightseeing C C C C C Terminal/Parking Postal,Courier and G P G P P G P P G P Delivery Service General Warehouse and P P Storage(Indoor) Mi+*-W�iFehow-A-Self C9 C9 Storage Facility Distribution Facilities P-C P C Outside Storage Yards C C Motion Pictures and C C C-- P P Sound Recording Indus. Broadcasting and P P P P P Information Recording Data Center/Data C--9 C9 Processing Facilities Transfer Station/ Waste Material Recovery C9 C9 Management Center And Remediation Solid Waste Disposal C9 C9 Sites [February 2025] Page 7 USE CATEGORY; SPECIFIC USE TYPE' B-1 B-2 B-3 B-44 "' 8-54 PI Gen. Old City Cen.i Bus Park/ Ind. Pub/Inst. West Light Ind. Recycling Facilities -- -- -- -- C9 C9 Waste Tire Collection C9 and/or Storage Crop Production -- -- -- P P -- Feed Lots -- -- -- -- -- Greenhouse and C C -- P P -- Agriculture Nursery Beef, Dairy,Sheep,Goat -- -- -- -- C and Hog Production Poultry and Egg -- -- -- C C -- Production Aquaculture -- -- -- C C -- Single-Family Detached -- -- -- -- -- -- Residential Multi-Family Residential C- C-= C9 -- -- C (Including Apartments, (13 DU/ Condominiums or AC Min.) Residential Uses' Townhouses) Assisted Living Facility P P C - -- -- -- Group Care Home C-- C-= C-- -- -- -- Live/Work Unit C C P -- -- C Hotels, Motels and P P P -- -- -- Resorts Bed and Breakfast Inns P P Accommodation and Lodging RV Campgrounds C` C Boarding House -- -- -- -- Institution(seating Religious capacity of up to 1,500 P P P P P P Institutions/ persons) Places of Worship Large Institution (seating capacity C C C C C C greater than 1,500 persons) --` ." "P" = Permitted Use by Right. A "P" indicates that the listed use is permitted by-right within the respective zoning district. "C'=Conditional Use Permit.A"C" indicates that the listed use is permitted within the respective zoning district only after review and approval of a Conditional Use Permit, in accordance with the review [February 2025] Page 8 and approval procedures of§ 1-16-12(D).The approval of"C" uses noted with Footnote]9,shall be subject to City Council review through an additional public hearing. �,- ""A"=Administrative Use Permit.An"A" indicates that the use and/or structure is permitted within the respective zoning district following review and approval of an administrative permit by the Development Services Director or designee in accordance with § 1-16-12 (C). `° O""—" = Prohibited Uses. A"--" indicates that the listed use type is expressly not allowed within the respective zoning district. Footnotes from Table 5-3: 1. Where land use category definitions are not provided or unclear, the Zoning Administrator shall be responsible for interpretation. 2. An ancillary manufacturing use is a subsidiary or secondary use or operation connected to the main use of a building.Ancillary manufacturing uses shall be allowed in the B-1, B-2 or B-3 zoning districts if incidental and subordinate to the primary retail, office, public or quasi/public use, provided that not more than 50%, up to a maximum of 1,500 square feet,of the floor area of the business is engaged in these ancillary manufacturing activities. No outside manufacturing, processing,repair or equipment/inventory storage shall be allowed for ancillary uses(see Section 1-6-26). Ancillary manufacturing uses proposed to be greater than 1,500 square feet and/or 50%of the total floor area may be approved as a conditional use by the Planning and Zoning Commission (see Section 1-6-26). 3. See § 1-6-16 (B)for alternate energy production regulations. 4. Land uses listed in the B-4 and B-5 district that propose outdoor assembly, repair, manufacturing, processing and/or storage shall require conditional use permit approval even if identified in Table 5-3 as a permitted use by right. 5. See § 1-6-15 for adult oriented business regulations. 6. The noted retail and service use categories shall only be permitted in the B-3 zoning district when they are an incidental use to a permitted primary use. The noted use categories shall not be operated as primary stand-alone facilities,but may be permitted as individual occupancies within "strip" or"in-line" commercial centers. 7. Offices in B-4 and B-5 zoning districts shall only be permitted as ancillary uses. 8. Where a non-residential property was previously developed for commercial uses and is being redeveloped for residential uses, the new development plan shall contain whichever is greater of either: 1. a minimum of 25% of the previous commercial building square footage on the new site for commercial uses, or; 2. a minimum of 35%of the acreage shall be used for commercial uses. [February 2025] Page 9 This definition of commercial uses shall be interpreted in a broad sense to include all typical retail, commercial and office uses. 9. Noted land uses shall be subject to City Council review and approval through a public hearing, following a recommendation by the Planning and Zoning Commission. [February 2025] Page 10 Text Amendment to Apache Junct *ion Zon *ing Ord 'inance Art 'Icle, lm= 5 ,,, Zoning Bu ,lk ,and Use Regu, ,Iations P 24 1 A ,M ' ' ' n' ," Lily 0 r � u t,r , �n w n n k t r fi s W w tf t ,r tom.. „ r, tr' H"" r x' f rr, � 3 r{ l a y, t: } t4 f, 5, 4 a e b 5 a , 4 ru r.. t f tt"4 t r. "f, 2 f a�x tx n fr 5 f S t r<3r' i ., rr 5• rs" {d 9," t t t v r, s t a J a*, .:r r n fii" tt r 5., t „ x fi f }:J r" r 1 55 k t Y 3 t+ j f.. utt,k; n"3 tr { to E s,. s f is�4 t.. } #i 4, f if Background • On December 5, 2023, the City Council held a discussion about the usage of Conditional Use Permits ( "'CUPs" ) for major, lasting, and impactful land use decisions . Staff were directed to review the ordinance language and return at a future meeting with potential text amendment options . • On January 16, 2024, Staff presented options and were directed by the City Council to draft a text amendment to modify the Article 1-5 : Zoning Bulk and Use Regulations land use tables for the City Council to be involved in permanent and high -impact land use decisions ,. § 1 - 16 - 12 Conditional Use Permits • "Conditional uses are those uses that are generally compatible with the land uses permitted by right in a zoning district, but which require individual Planning and Zoning Commission review and Conditional Use Permit ( " CUP " ) approval of their location, design, operation and configuration along with the imposition of conditions in order to ensure the appropriateness of the use at a particular location . Uses requiring a CUP are identified in Tables 5- 1 and 5-3 ." Evaluation Criteria 1 . 1s the land use "conditional ?" "Conditional" meaning there is some aspect of its operation that requires management & coordination of design, and that the use approval can be revoked for failing to meet the operational standards established by the ordinance . Examples of Conditional Uses : outdoor music, heavy manufacturing, outdoor activity Examples of non-conditional uses : Residential development in commercial zones, parking garages, cemeteries Evaluation Criteria 2 . 1s the land use of such high/significant impact that the decision is best made by elected leadership? "High Impact" meaning that the land use generates exceptional levels of activity or disturbance (such as noise & traffic) or permanently affects the nature of the property. Examples : Amusement parks, zoos, golf courses, cemeteries, airports, Multi-Family residential conversion of commercial "Significant Impact"" is meant to cover land uses that have notable community sensitivity resulting in political weight and significance . Examples : Jails, rehab facilities, homeless shelters, gambling facilities, airports Evaluation Criteria 3 . 1s the land use better served with a rezoning or planned development? Examples : Multi-family residential development in B- 1 & B-2 Commercial Zones, Shopping Malls requiring integrated planning across large areas Proposed Amendment • Update Apache Junction City Code, Volume 11,, Land Development Code, Chapter 1 : Zoning Ordinance, Article 1-5 : Zoning Bulk and Use Regulations land use tables through an evaluation of which land uses should involve City Council review and approval . • City Council review requirements have been incorporated through the addition of the footnote "9 . Noted land uses shall be subject to City Council review and approval through a public hearing, following a recommendation by the Planning and Zoning Commission ."' • The symbology of the table has been updated to facilitate ease in reading. ElmIN No M I I NI N I ! N NNM iui u� L III N i i l MotorIIAN IaI�III NI! �!M lIeNI UI Dealer ea; e �lI - III III MUIN�lll l�llu i�IIIIIII�IItIIVehicle Dealer� E1Y' �rrrrrrrrrrrrrrrirrrrrrrrrrr' arrrrrrrrrrr: Old symbology New symbology Is Planning & Zoning Commission Recommendation • The Planning and Zoning Commission voted 7-0 to recommend the approval of draft text amendment P- 24- 1 -AM on January 14, 20256 Items of Consideration • Resolution No . 25 -01 declares the document "2025 Amendments to the Apache Junction City Code, Volume II , Land Development Code, Chapter 1 : Zoning Ordinance, Article 1 -5 : Zoning Bulk and Use Regulations, § 1 -5 - 1 Residential Use Regulations and § 1- 5- 3 Non - Residential Use Regulations" as a public record filed with the City Clerk . • Ordinance No . 1563 adopts the text amendment into the Zoning Ordinance itself, repealing and replacing any conflicting provisions . x er " t �x k r » J, �r�: qt r tt 1 , ,,r „t»r» 4F e :^i• :.,, ._: :t ». _ �.,.,., "' '.:. .=, '2q;,, ,. ,';..,v :_ :, ,v$rr: t 1 { 4 t of E i r 7 ion Quest * ......... . f v� F ,) Y 3aa w, rat t, r t' s M1 = t"a t' t l� JJ t f 1.t k t i j r ...F. 4 t i.. ,,„ i>. L{ t � 4 t t t} 43t t{ of e •� i r } n „ i 4 t f it i 3 1}r { 4 t F i f t t tl y »: 4 JFt �^ f S1 tt ttl#�.>I City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No. 11. File ID: 25-074 Sponsor: Nicholas Leftwich Agenda Date:2/18/2025 Index: In Control: City Council Meeting Presentation, discussion, public hearing, and consideration of Resolution No. 25-01, declaring as a public record that certain document filed with the City Clerk and titled "2025 Amendments to the Apache Junction City Code, Volume ll, Land Development Code, Chapter 1: Zoning Ordinance, Article 1-5: Zoning Bulk and Use Regulations, § 1-5-1 Residential Use Regulations and § 1-5-3 Non-Residential Use Regulations"; repealing any conflicting provisions; and providing for severability. City of Apache Junction,Arizona Page 1 Printed on 211212025 City ofApache Junction rvices Department Development Sc CITY COUNCIL STAFF MEMO Date: February 18, 2025 To: Honorable Mayor and City Council Members Through: Bryant Powell, City Manager Rudy Esquivias, Development Services Director Sidney Urias, Planning Manager From: Nick Leftwich, Planner Subject: Text Amendment to Apache Junction City Code, Volume II, Land Development Code, Chapter 1 : Zoning Ordinance, Article 1-5 : Zoning Bulk and Use Regulations regarding Conditional Use Permit Uses Background On December 5, 2023, the City Council issued a direction to staff to review the zoning ordinance language regarding high- impact land use decisions made through Conditional Use Permits ("CUPs") , which are only approved by the Planning and Zoning Commission, and to provide options to amend the code that would facilitate City Council involvement in these permanent, high impact land use decisions . Planning Staff reviewed the matter and returned to the Council on January 16, 2024, to provide the options and to seek further direction to staff to initiate a Zoning Ordinance text amendment. Two options were presented, either to modify the land use tables to specifically require City Council involvement in the permanent, high-impact land use decisions, or to change the CUP process itself to require that all CUPs would be subject to City Council review and determination. The City Council directed staff, pursuant to the first option, to draft a text amendment to Apache Junction City Code, Volume II, Land Development Code, Chapter 1 : Zoning Ordinance, Article 1-5 : Zoning Bulk and Use Regulations . Planning and Zoning Commission Recommendation Staff has prepared the text amendment according to this direction and presented it to the Planning and Zoning Commission on January 14, 2025, to receive their review and recommendation. The Commission voted 7-0 to recommend approval of Text Amendment Case P-24-1-AM. 2 February 3,2025 City Council Staff Memo City ofApache Junction rvices Department Development Sc Items of Consideration Ordinance No. 1563 and Resolution No. 25-01 have been prepared pursuant to the additional direction given in the February 3, 2025 City Council Work Session Discussion. Resolution No . 25-01 declares the document "2025 Amendments to the Apache Junction City Code, Volume II, Land Development Code, Chapter 1 : Zoning Ordinance, Article 1-5 : Zoning Bulk and Use Regulations, § 1-5-1 Residential Use Regulations and § 1-5-3 Non- Residential Use Regulations" as a public record filed with the City Clerk. Ordinance No . 1563 adopts the text amendment into the Zoning Ordinance itself, repealing and replacing any conflicting provisions . LAU Prepared by Nicholas Leftwich Planner Attachments : • Ordinance No. 1563 • Resolution No. 25-01 • P-24-1-AM Staff Report • 2025 Amendments to the Apache Junction City Code, Volume II, Land Development Code, Chapter 1 : Zoning Ordinance, Article 1-5 : Zoning Bulk and Use Regulations, § 1-5-1 Residential Use Regulations and § 1-5-3 Non-Residential Use Regulations • P-24-1-AM Draft Amendment Redlines 2 February 3,2025 City Council Staff Memo City ofApache Junction Development Services Department AV, PLANNING AND ZONING COMMISSION PUBLIC HEARING STAFF REPORT DATE: January 14, 2025 TO: Planning and Zoning Commission THROUGH: Rudy Esquivias, Development Services Director Sidney Urias, Planning Manager FROM: Nicholas Leftwich, Planner CASE NUMBER: P-24-1-AM REQUEST: Text Amendment to Article 1-5 : Zoning Bulk and Use Regulations regarding Conditional Use Permit Uses BACKGROUND On December 5, 2023, the City Council held a discussion regarding the Apache Junction Zoning Ordinance ("AJZO") regulations regarding Conditional Use Permits ("CUPs") in order to determine if the regulations and procedures for the approval of conditional use permits needed to be modified. Currently, per the Apache Junction Zoning Ordinance, Article 1-16 : Administration, § 1-16-12 Conditional Use Permits, Administrative Use Permits and Building Permits, (D) Conditional Use Permits, the approval of land uses identified as requiring a CUP in AJZO, § 1-5-1 Residential Use Regulations and §1-5-3 Non- Residential Use Regulations are subject to the sole review and approval of the Planning and Zoning Commission, unless a specific appeal to the City Council by an the applicant or an aggrieved party is filed. The primary noted concern of the City Council discussion was that certain land use decisions are determined by the Planning and Zoning Commission, such as CUPs . CUPs can be permanent, impactful, and politically weighty and some of these decisions should be made by elected officials of the City Council in order to more properly distribute both the responsibility and accountability in making long term and lasting land use decisions . Text Amendment to Article 1-5:Zoning Bulk and Use Regulations, Case P-24-1-AM January 14,2025 Planning and Zoning Commission Staff Report One significant example of such land use decisions that was noted was the consideration for approval of multi-family residential uses on commercially-zoned properties through conditional use permits . Some of these CUPS effectively change the property away from functioning as a commercial property and are more akin to the land use change a rezoning is meant for, rather than the regulation of "location, design, operation and configuration, " which is the AJZO defines as the purpose of CUPS in the interest of public welfare . The City Council issued a direction to staff to look into the ordinance language and return at a future meeting with potential text amendment options that address the Council' s concerns regarding the authority on land use decisions given to the Planning and Zoning Commission. Planning Staff reviewed the matter and returned to the Council on January 16, 2024 to provide the options detailing possible mechanisms to address the concerns, and to seek further direction to staff to initiate a Zoning Ordinance text amendment. The two options presented were as follows : -Option 1 : A proposed amendment of Article 1-5 : Zoning Bulk and Use Regulations land use tables that determine which uses are permitted by right in each zoning district and which uses require Conditional Use Permit (CUP) approval . This option would modify the existing land use tables to change what kinds of uses are approved by the Planning and Zoning Commission and which high-impact, community-sensitive land use changes should be subject to City Council approval . -Option 2: A proposed amendment of the Article 1-16 : Administration, § 1-16-12 Conditional Use Permits, Administrative Use Permits and Building Permits, (D) Conditional Use Permits regulations, which would change the basic definition of all CUPS to require City Council review and approval . Staff respectfully recommended Option 1 from the position that this option would be able to fine-tune the land use tables to specifically designate City Council as the decision maker for high- impact and community sensitive land uses, while also maintaining the standard procedure of CUPS for items like minor landscaping, sign code deviations, or land uses that are generally compatible with the land uses permitted by right in a zoning district but which still require Planning and Zoning Commission oversight . The City Council then directed Staff to draft a text amendment aligned with Option 1 . Text Amendment to Article 1-5:Zoning Bulk and Use Regulations, Case P-24-1-AM January 14,2025 Planning and Zoning Commission Staff Report EVALUATION Following the direction to staff issued, Staff researched the city zoning ordinance and the zoning ordinance of other neighboring towns and cities to determine the best practices for land uses decision making authority and conditional use permits . In evaluating which land use decisions would be best made by the City Council and which land uses should be conditionally approved by the Planning and Zoning Commission, the following criteria have been used: 1 . Is the land use "conditional?" "Conditional" meaning there is some aspect of its operation that requires management & coordination of design, and that the use approval can be revoked for failing to meet the operational standards established by the ordinance . Examples of Conditional Uses : Marijuana sales in retail spaces, outdoor music, heavy manufacturing, outdoor activity Examples of non-conditional uses : Residential development in commercial zones, parking garages, cemeteries 2 . Is the land use of such high/significant impact that the decision is best made by elected leadership? "High Impact" meaning that the land use generates exceptional levels of activity or disturbance (such as noise & traffic) or permanently affects the nature of the property. Examples : Amusement parks, zoos, golf courses, cemeteries, airports, Multi-Family residential conversion of commercial "Significant Impact" is meant to cover land uses that have notable community sensitivity resulting in political weight and significance . Examples : Jails, rehab facilities, homeless shelters, gambling facilities, airports 3 . Is the land use better served with a rezoning or planned development? Examples : Mixed Use Development, Multi-family residential development, Shopping Malls PROPOSAL Planning Staff have prepared the proposed text amendment, attached as Exhibit #1, Draft Amendment to Apache Junction City Code, Volume II, Land Development Code, Chapter 1 : Zoning Ordinance, Article 1-5 : Zoning Bulk and Use Regulations, and present it to the Planning and Zoning Commission for their recommendation to the City Council . Text Amendment to Article 1-5:Zoning Bulk and Use Regulations, Case P-24-1-AM January 14,2025 Planning and Zoning Commission Staff Report The land use tables of Article 1-5 : Zoning Bulk and Use Regulations have been modified through the evaluation of which land use decisions need the involvement and authority of the City Council, which land use decisions are fine to be made solely by the Planning and Zoning Commission, and which land use decisions would be better made as a formal rezoning or planned development proposal . Land use decisions determined to be best suited to City Council review and approval have been marked with a Footnote 9 in §1-5-3 Non-Residential Use Regulations, which reads : "9 . Noted land uses shall be subject to City Council review and approval through a public hearing, following a recommendation by the Planning and Zoning Commission. " No such designation is required within §1-5-1 Residential Use Regulations . The symbology of the table has also been modified to facilitate ease in reading, and some minor corrections have been made as noted. To assist in determining what has changed, Exhibit #2 identifies text-striking in red and changes in highlighted yellow. PLANNING DIVISION RECOMMENDATION Planning staff recommends approval of the proposed text amendment and offers the following recommended motion to update the Apache Junction City Code, Volume II, Land Development Code, Chapter 1 : Zoning Ordinance, Article 1-5 : Zoning Bulk and Use Regulations . RECOMMENDED MOTION I move that the Planning and Zoning Commission recommend to the Apache Junction City Council the approval of text amendment case P-24-1-AM, an amendment to the Apache Junction City Code, Volume II, Land Development Code, Chapter 1 : Zoning Ordinance, Article 1-5 : Zoning Bulk and Use Regulations . LAI V-4 Prepared by Nicholas Leftwich Planner Attachments: Exhibit #1 - P-24-1-AM Draft Amendment to Apache Junction City Code, Volume II, Land Development Code, Chapter 1: Zoning Ordinance, Article 1-5: Zoning Bulk and Use Regulations Exhibit #2 - P-24-1-AM Draft Amendment Redlines Text Amendment to Article 1-5:Zoning Bulk and Use Regulations, Case P-24-1-AM January 14,2025 Planning and Zoning Commission Staff Report ORDINANCE NO. 1563 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 1-5 : ZONING BULK AND USE REGULATIONS; AND BY ADOPTING BY REFERENCE THAT CERTAIN DOCUMENT ENTITLED "2025 AMENDMENTS TO THE APACHE JUNCTION CITY CODE, VOLUME II, LAND DEVELOPMENT CODE, CHAPTER 1 : ZONING ORDINANCE, ARTICLE 1-5 : ZONING BULK AND USE REGULATIONS"; REPEALING ANY CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR PENALTIES . WHEREAS, on January 16, 2024, the city council gave direction to staff to prepare a text amendment to integrate city council review and consideration into the land use approval process of certain high-impact, permanent land uses decisions; and WHEREAS, the planning and zoning commission met on January 14, 2025, with a city council discussion on February 3, 2025 on the proposed amendment; and WHEREAS, the planning and zoning commission also recommended to the city council on January 14, 2025, in a vote of 7 : 0, to approve the amendment; and WHEREAS, the city council further discussed the issue at the February 18, 2025 public hearing; and WHEREAS, Arizona Revised Statutes Annotated (hereinafter "A.R. S . ") § 9-802 permits municipalities to enact the provisions of a code or public record in existence without setting forth such provisions in full text as long as the adopting ordinance is published in full text, and at least one paper copy is filed with the city clerk and an electronic copy is accessible on the city' s website, with both made available for public use and inspection; and WHEREAS, city staff has determined that for administrative efficiency and to reduce the publication costs, it is more appropriate to update the city code by adopting the affected text by reference; 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; after consideration, the council finds no such impact. ORDINANCE NO. 1563 PAGE 1 OF 3 NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AS FOLLOWS : SECTION I IN GENERAL 1 . That the existing Apache Junction City Code, Volume II, Land Development Code, Chapter 1 : -Zoning Ordinance, Article 1---5 : Zoning Bulk and Use Regulations, be amended as referenced in the document noted in #2 below. 2 . That certain document known as the "2025 Amendments to the Apache Junction City Code, Volume II, Land Development Code, Chapter 1 : Zoning Ordinance, Article 1-5 : Zoning Bulk And Use Regulations", of which at least one paper copy is on file with the city clerk and one electronic copy of which is accessible on the city' s website (www. apa_chejun_ctiona_z .go_v) , and which document was made a public record by Resolution No. 25-01, is hereby referred to, adopted and made a part hereof as if fully set out in this ordinance, pursuant to A.R. S . § 9-802 . SECTION II REPEALING ANY CONFLICTING PROVISIONS All ordinances and parts of ordinances in conflict with the provisions of this ordinance 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 2025 . ORDINANCE NO. 1563 PAGE 2 OF 3 SIGNED AND ATTESTED TO THIS DAY OF f 2025 . WALTER "CHIP" WILSON Mayor ATTEST: EVIE MCKINNEY City Clerk APPROVED AS TO FORM: RICHARD J. STERN City Attorney ORDINANCE NO. 1563 PAGE 3 OF 3 RESOLUTION NO. 25-01 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, DECLARING AS A PUBLIC RECORD THAT CERTAIN DOCUMENT FILED WITH THE CITY CLERK AND ENTITLED "2025 AMENDMENTS TO THE APACHE JUNCTION CITY CODE, VOLUME II, LAND DEVELOPMENT CODE, CHAPTER 1 : ZONING ORDINANCE, ARTICLE 1-5 : ZONING BULK AND USE REGULATIONS"; REPEALING ANY CONFLICTING PROVISIONS; AND PROVIDING FOR SEVERABILITY. WHEREAS, on January 16, 2024, the city council gave direction to staff to prepare a text amendment to integrate city council review and consideration into the land use approval process of certain high-impact, permanent land uses decisions; and WHEREAS, the planning and zoning commission met on January 14, 2025, with a city council discussion on February 3, 2025 on the proposed amendment; and WHEREAS, the planning and zoning commission also recommended to the city council on January 14, 2025, in a vote of 7 : 0, to approve the amendment; and WHEREAS, the city council further discussed the issue at the February 18, 2025 public hearing; and WHEREAS, Arizona Revised Statutes Annotated (hereinafter "A.R. S . ") § 9-802 permits municipalities to enact the provisions of a code or public record in existence without setting forth such provisions in full text as long as the adopting ordinance is published in full text, and one paper copy is filed with the city clerk and an electronic copy is accessible on the city' s website, with both made available for public use and inspection; and WHEREAS, city staff has identified such provisions herein, and it is the intent of the city to declare such documents and compilations as public records, on file in the office of the city clerk. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA AS FOLLOWS : RESOLUTION NO. 25-01 PAGE 1 OF 2 SECTION I IN GENERAL 1 . That certain document entitled the "2025 Amendments to the Apache Junction City Code, Volume II, Land Development Code, Chapter 1 : Zoning Ordinance, Article 1-5 : Zoning Bulk And Use Regulations", of which at least one paper copy is on file with the city clerk and one electronic copy of which is accessible on the city' s webs ite (www. apachej unctionaz .gov) , is hereby declared to be a public record, and shall be made available for public use and inspection. SECTION II REPEALING ANY CONFLICTING PROVISIONS All resolutions and parts of resolutions in conflict with the provisions of this resolution or any part of the codes adopted herein, are hereby repealed. SECTION III PROVIDING FOR SEVERABILITY If any section, subsection, sentence, phrase, clause or portion of this resolution or any part of the codes or regulations adopted herein is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions thereof. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS DAY OF , 2025 . SIGNED AND ATTESTED TO THIS DAY OF 2025 . WALTER "CHIP" WILSON Mayor ATTEST: EVIE MCKINNEY City Clerk APPROVED AS TO FORM: RICHARD JOEL STERN City Attorney RESOLUTION NO. 25-01 PAGE 2 OF 2 2025 AMENDMENTS TO THE APACHE JUNCTION CITY CODE, VOLUME II, LAND DEVELOPMENT CODE CHAPTER 1: ZONING ORDINANCE, ARTICLE 1-5: ZONING BULK AND USE REGULATIONS, § 1-5-1 RESIDENTIAL USE REGULATIONS AND § 1-5-3 NON- RESIDENTIAL USE REGULATIONS A) ARTICLE 1-5: ZONING BULK AND USE REGULATIONS §1-5-1 RESIDENTIAL USE REGULATIONS. Table 5-1 is amended in its entirety, which illustrates the use regulations for all residential zoning districts, as follows: TABLE 5-1: RESIDENTIAL USE REGULATIONS USE1STRUCTURE TYPE RS-GR RS-54 RS-54M RS-20 RS-20M RS-10 RS-10M RS-7 RS-7M RS-5 RM-1 RM-2 RM-3 MHP RVP Single-Family Detached P P P P P P P P P P Conventional Housing Single-Family Detached P -- P -- P -- P -- P -- -- __ __ P P Manufactured Housing Multi-Family Residential Housing -- -- -- -- -- -- -- -- -- -- P P P -- -- HUD Certified Park Model Alternative P -- P -- P -- P -- P -- -- -- -- P P Recreational Vehicle as Primary -- -- -- -- -- -- -- -_ -_ -_ __ __ __ P P Residence16 Boarding House -- -- -- -- - -- -- -- -- -- C C C -- -- Bed & Breakfast and Resorts C C C C C -- -- -- -- -- -- -- -- -- -- Child Care Homes' A A A A A A A A A A C C C -- -- Airports and Heliports2 -- -- -- -- _ -- -- -- -- -- -- -- -- -- -- Personal Caretaker Unit3 A A A A A A A A A A -- -- -- -- -- [February 2025] Page 1 USEtSTRUCTURE TYPE RS-GR RS-54 RS-54M -20 RS-20M )RS-90 RS-90M RS-7 RS-7M RS-5 M-9 RM-2 RM-3 MHP RV Property Caretaker/ Ranch Hand A A A A A Unit4 Accessory Dwelling Units A A A A A A A A A A -- -- -- -- -- Temp. Living Quarters During P P P P P P P P P P Construction6 Public/Private Schools K to 1215 C C C C C C C C C C C C C C C Religious Institutions C C C C C C C C C C C C C C C Civic Uses and Structures A A A A A A A A A A A A A A A Above Ground Utilities? A A A A A A A A A A A A A A A Telecom Facilities C C C C C C C C C C C C C C C Lodges/Clubs Model Homes$ A A A A A A A A A A A A A A A Detached Garages9 P P P P P P P P P P P P P P P Accessory Structures9 (except cargo P P P P P P P P P P P P P P P cont.) Equestrian Activities (private)10 P P P P P P P P P P -- -- -- -- -- Equestrian Activities (commercial)10 C C C Commercial Agriculture" P -- -- -- -- -- -- -- -- -- -- -- -- Non-commercial Agriculture" P P P P P P P P P P P P P P P [February 2025] Page 2 USEISTRUCTURE TYPE RS-GR RS-54 RS-54M RS-20 RS-20M RS-10 RS-IOM RS-7 RS-7M RS-5 RM-1 RM-2 RM-3 MHP RVP Produce Sales" P Feed Lots" Solar PanelS12 P P P P P P P P P P F, P P F, F, I I I I I I Alternate non-solar) Energy C C C C C C C C C C C C C C C Technologies12 Guest Ranch C C C C C Commercial Recycling Bins P P Animal Keeping See Vol, lU1-6-17 Temporary Uses and Structures See Vol. ll, 1-6-Q Home Occupations See Vol. ll, -Q 1.6 Signs See Vol. ll,.Ailiqlq_1-11 Fences/Walls See Vol. ll, § 1-6.3 Swimming Pools and Sports Courts See Vol.IL§-1-_6_1 I Cargo Containers See Vol, . 1-.6-8 Outdoor Storage See YgLj_� _§ 1-6-9 Group Care Homes See YgLjL-§j&:j 0 Subdivision and HOA Activities See Footnote# 14 [February 2025] Page 3 P = Permitted use by right. A YES indicates that the listed use is permitted by-right within the respective zoning district. Permitted uses are subject to all other applicable standards (see Vol. 11, Article 1-6,Supplemental Regulations). C =Conditional use permit. A CUP indicates that the listed use is permitted within the respective zoning district only after review and approval of a conditional use permit, in accordance with the review and approval procedure of Vol. 11, § 1-16-12(D). A=Administrative use permit.An AUP indicates that the use and/or structure is permitted within the respective zoning district following review and approval of an administrative permit by the Development Services Director or designee in accordance with Vol. 11, § 1-16-12(C). --= Prohibited uses. A NO indicates that the listed use type is expressly not allowed within the respective zoning district. Footnotes from Table 5-1: 1. This classification includes home based nursery schools, preschools, and day care facilities for children through the age of 12 licensed by the State of Arizona.The maximum amount of non-resident children allowed on-site is 6 or less. 2. See Vol. 11, § 1-6-14 for airports and helipads regulations. 3. See Vol. 11, § 1-6-20 for personal caretaker unit regulations. 4. See Vol. 11, § 1-6-7(D)(7)for property caretaker/ranch hand regulations. 5. See Vol. 11, § 1-6-19 for accessory dwelling unit regulations. 6. A travel trailer, motor home or fifth wheel may be parked and used as a temporary living quarters, or an existing legal manufactured home located on the premises may be used as a temporary residence,for up to 8 months while a home is being constructed on a single-family residentially zoned property subject to compliance with the main building's setback requirements.The temporary quarters may be temporarily connected to utilities subject to proper permitting(see Vol. 11, § 1-6-23,Table 6-3). 7. See Vol. II, § 1-6-21 regarding regulations for utility installations. 8. See Vol. 11, Article 1-17 regarding model home definition and restriction. 9. See Vol. 11, § 1-6-5 for accessory structure regulations. [February 2025] Page 4 10. The keeping of horses for private use requires a minimum of 1.25 grass acres. See Vol. 11, § 1-6-7 for further equestrian regulations. 11. See Vol. 11, § 1-6-18 for agriculture use regulations. 12. See Vol. 11, § 1-6-16 for alternative energy technologies regulations. 13. See Vol. 11, § 1-6-21 for utility installation regulations. 14. Ancillary retail sales and special events/activities intended for subdivision residents only. Homeowner's Associations shall apply for and obtain an AUP from the Zoning Administration prior to conducting or allowing ancillary retail sales (e.g., market days, craft/art sales,fundraisers and temporary food vendors). If approved,the Zoning Administrator shall issue an AUP with written conditions of approval in accordance with the following: a. All proprietors and vendors shall possess valid business licenses and permits as required by the City Code, and comply with required sales tax administration and collection processes. b. The application for an administrative permit shall contain a description of the ancillary retail sales activity, maximum number and type of vendors, days and hours of operation and a site plan illustrating the location and parking associated with the retail sales. c. All signs that describe or relate to ancillary retail activities shall not be visible from beyond the boundaries of the subdivision. d. Ancillary retail sales shall be conducted indoors within the recreational/social center or outdoors within a common area. e. Parking for approved retail uses shall be accommodated within established and approved parking areas, or with on-street parking approved by the Zoning Administrator. f. Ancillary retail sales shall be directed to and be for the benefit of subdivision residents and their guests only. g. Ancillary retail sales shall not exceed more than 3 days per week and shall operate between the hours of 7:00 a.m. and 10:00 p.m. h. The administrative permit may be valid for multiple events. i. Failure to comply with the conditions of approval established in the administrative permit may result in the revocation of the permit, and prohibition on issuing future retail sales permits to the subdivision. [February 2025] Page 5 Ancillary Retail Sales and Special Events/Activities Intended for Subdivision Residents and Non-Subdivision Residents. Special events and/or activities hosted or sponsored by the subdivisions (e.g., concerts,fund raisers, lectures, seminars,workshops, educational classes, recreation, food/beverage sales, sporting events and meetings) or ancillary retail uses (e.g., restaurants, personal care services, specialty retail and professional offices)shall only be allowed subject to approval of a CUP or, if applicable, compliance with Chapter 8,Vol. I of the City Code regarding special events. 15. Conditional use permit approval shall be required for public and private schools unless pre-empted by state law. Charter schools located on single-family zoned properties less than 1-acre in size shall be prohibited. 16. See Vol. II, § 1-9-3 for recreational vehicle and manufacture home park regulations. [February 2025] Page 6 B) ARTICLE 1-5: ZONING BULK AND USE REGULATIONS §1-5-3 NON-RESIDENTIAL USE REGULATIONS. Table 5-3 is amended in its entirety, which illustrates the use regulations for all non-residential zoning districts, as follows: TABLE 5-3: NON-RESIDENTIAL USE REGULATIONS USE CATEGORY SPECIFIC USE TYPE' B-1 B-2 B-3 B-44 B-54 PI Gen. Old City Cen. Bus Park/ Ind. Pub/Inst. West Light Ind. Motor Vehicle Dealer P P P General Automotive P P P Repair RV Sales/Service/Repair -- -- -- C C -- Boat,ATV&Motorcycle P P -- P -- -- Sales/Service Semi-Truck -- -- -- C C -- Service/Repair Semi-Truck Stop -- -- -- C C -- Vehicle Services Body Shops -- -- -- P P and Rentals Car Washes P P -- Vehicle Rental and P P -- P P -- Leasing Truck,Trailer and C C -- P P -- Moving Vehicle Rentals Machinery and Equip. P P -- P P -- Rental (Indoor) Machinery and C C -- P P -- Equipment Rental (Indoor/Outdoor) General Retail (Personal Goods, Household Goods, P P P Consumer Electronics, Retail Sales and Specialty Goods,etc.) Services Automotive Parts and P P P6 P P -- Accessory Sales Manufactured/Mobile -- -- -- C C -- Home Sales [February 2025] Page 1 USE CATEGORY SPECIFIC USE TYPE' B-1 B-2 B-3 B_44 B-5 4 PI Gen. Old City Cen. Bus Park/ Ind. Pub/Inst. West Light Ind. Appliances& Parts Sales P P P6 P P and Repair Stores Hardware Store P P P Building Materials and C C 1p P Supplies Sales(Indoors and/or Outdoors) Lawn and Garden P P P6 P P Equipment/Supply Sales Feed and Fertilizer Sales C C P6 C P Nursery/Greenhouses C C P P with On-Site Sales Grocery Stores P P P Gasoline Stations and P P P Convenience Stores Beer,Wine and Liquor P P P6 Stores Shopping Centers P P C9 Retail Sales and Big-Box Stores and P P Services Warehouse Clubs Thrift Store/Used P P Merchandise Sales Antique Stores P P Pet and Pet Supply Sales P P P6 P Pet Care/Veterinary P P P6 P Clinic Kennels/Pet Day Care P P P Tobacco and Related P P P6 Product Sales Electronic Shopping and P P P Mail-Order Sales Stand-alone Bottled Gas C C P6 C C and Biofuel Dealers Bakery Sales(small- P P P scale, not factory or distribution warehousing) Bakery Sales(large scale P P including distribution or warehousing) [February 2025] Page 2 USE CATEGORY; SPECIFIC USE TYPE' B-1 B-2 B-3 B-44 " 8-54 PI Gen. Old City Cen.i Bus Park/ Ind. Pub/Inst. West Light Ind. Medical Marijuana C9 C9 C9 C9 - Facilities& Dual Licensees Marijuana -- -- -- -- -- -- Establishments Marijuana Cultivation -- -- -- -- --and Infusion Facilities Marijuana Cultivation -- -- -- -- -- -- Marijuana Testing Facilities Swap Meets C9 C9 -- -- -- -- Farmers Markets P P P -- -- P Pawn Shops -- P -- -- -- -- Temporary Retail Carts A A A A -- A and Kiosks Printing Shop P P P P -- -- Cleaning and Janitorial P P P Services Landscaping and Retail Sales and Exterminating Services P P -- Services Business Equipment P P P P Maintenance and Repair Personal and Household Goods Repair s (Electronics, Furniture, P P P P P etc.) Dry Cleaning Services P P P Laundromat P P -- -- -- -- Linen and Uniform P P -- -- -- -- Retail Linen,Carpet,and -- -- -- P P -- Uniform Supply& Cleaning Personal Care Services (e.g. Hair, Nails and Skin P P P -- -- -- Care) Tattoo Services P P P -- -- -- Death Care Services/ C C -- C C -- Funeral Homes Crematories -- -- -- C C -- [February 2025] Page 3 USE CATEGORY; SPECIFIC USE TYPE' B-1 B-2 B-3 B-44 " 8-54 PI Gen. Old City Cen.i Bus Park/ Ind. Pub/Inst. West Light Ind. Taxidermist -- -- -- P P -- Commercial Parking C9 C9 C9 C C C Lots and Garages Fraternal Organizations P P P (Clubs and Lodges) Retail Sales and Banks and Credit Unions P P P -- -- -- Services Securities/Commodities P P P -- -- P Off ice/Sales/Exchanges Check Cashing Store C C -- -- -- -- Adult Oriented Uses -- -- -- -- C9 General Offices P P P P7 P7 -- Office Call Center P P -- Elementary, Middle, P P P P P P and High Schools& Educational Colleges/Universities Services Trade Schools P P P P P P Administrative Services P P P P P P Physicians, Dental and P P P -- -- -- Health Practitioners Outpatient& P P -- -- -- -- Ambulatory Care Centers Medical and Diagnostic P P P -- -- -- Labs Home Health Care P P P -- -- -- Services Blood and Organ Banks P P -- P -- -- Health Care and General Medical and P P -- -- -- P Social Assistance Surgical Hospitals Psychiatric&Substance C9 C9 -- -- -- -- Abuse Facilities Nursing and Residential P P -- -- -- -- Care Facilities Individual and Family P P -- -- -- -- Care Services Homeless Shelter -- -- -- C9 C9 -- Community Food and -- -- -- C9 C9 -- Relief Services [February 2025] Page 4 USE CATEGORY; SPECIFIC USE TYPE' B-1 B-2 B-3 B-44 " 8-54 PI Gen. Old City Cen.i Bus Park/ Ind. Pub/Inst. West Light Ind. Child&Adult Day Care P P P6 P -- P Services Vocational Rehab P P -- P -- -- Services Movie Theaters P P P -- -- -- Performing Arts P P P -- -- P Facilities Spectator Sports C9 C9 C9 -- -- __ Facilities Museums and Historical P P P -- -- P Sites Zoos, Nature Parks and C9 C9 -- -- -- __ Botanical Gardens Amusement Parks -- -- -- C9 C9 Indoor Arcades P P P -- -- -- Gambling Facilities C9 C9 C9 -- -- __ Private Recreational C9 C9 -- C9 C9 Facilities(Outdoor) Arts, (Private Sports Entertainment, Complexes,Golf Recreation,and Open Space Courses,etc.) Private Recreational P P P P Facilities(Indoor) (Gyms, Martial Arts Studios,Yoga Studios, Paintball Courses,etc.) Event Centers&Venues C9 C9 C9 C9 -- -- Public Recreational A A A A A A Facilities Public Outdoor Music A A A A A A Festivals/Events Private Outdoor Music C C C C -- C Festivals/Events Commercial Equestrian C C -- __ __ C Boarding, Rentals, Arenas and Academies Cemeteries/Mausoleum -- -- -- -- -- C9 Restaurants& P P P C C -- Delicatessen Food and Drinking Caterers P P P6 P -- -- Establishments Confectionary and Ice P P P -- -- -- Cream Sales [February 2025] Page 5 USE CATEGORY; SPECIFIC USE TYPE' B-1 B-2 B-3 B-44 "' 8-54 PI Gen. Old City Cen.i Bus Park/ Ind. Pub/Inst. West Light Ind. Bars, Breweries, Brew P P P C C -- Pubs and Tasting Rooms Restaurants/Bars/Clubs C C C -- -- -- (With Amplified Outdoor Music) Government Offices P P P P P P and Courts Public Services P P P P P P Public (Libraries, Parks, Public Administration Safety Buildings) Detention/Correctional -- -- -- C9 C9 C9 Facilities or Institutions Mining, Oil and Gas Extraction C9 C9 -- C9 C9 C9 Quarrying,Gas Mining -- -- -- C9 C9 C9 and Oil Quarrying -- -- -- C9 C9 C9 Electric Power C C C C C C Generation3 Water and Sewerage C C C C C P Systems/Facilities Telecommunication Facilities C C C C C P (Antennas or Towers) Telecommunication Utilities Facilities (Antennas or Towers) P P P P P P on land owned,leased, or otherwise controlled by the City Other Utilities See§ 1-6-21 Alternative Energy See§ 1-6-16 Generation Facilities Light Manufacturing -- -- -- P P -- (Located within an enclosed building and only generates moderate and manageable traffic, noise,vibration,odor, glare and/or light impacts) Heavy Manufacturing -- -- -- -- C -- Manufacturing (Indoor and/or Outdoor: Assembly, manufacturing, processing, repair and/or storage,and that may generate traffic, noise,vibration,odor, [February 2025] Page 6 glare,and/or light impacts that need to be conditionally managed) Ancillary P2 P2 P2 N/A N/A P Manufacturin g2 USE CATEGORY SPECIFIC USE TYPE' B-1 B-2 B-3 B-4 4 B_54 PI Gen. Old City Cen. Bus Park/ Ind. Pub/Inst. West Light Ind. Contractors office,shop P P P P and/or storage(indoors) Contractors office,shop C C C C Construction and/or storage(indoors and/or outdoors) Craftsman and Artisan P P P P P (indoors) Craftsman and Artisan C C C C (Outdoors) Truck Transportation C C Terminal Bus Transportation C C C Terminal Air Transportation C9 C9 C9 Terminal Taxi and Limousine P P P Service Transportation Towing Truck Parking C C and Storage and Warehousing Scenic and Sightseeing C C C C C Terminal/Parking Postal,Courier and P P P P P P Delivery Service General Warehouse and P P Storage(indoor) Self Storage Facility C9 C9 Distribution Facilities C C Outside Storage Yards C C Motion Pictures and C C P P Sound Recording Indus. Broadcasting and P P P P P Information Recording Data Center/Data --9 C9 Processing Facilities Transfer Station/ Waste Material Recovery -- C9 C9 Management Center And Remediation Solid Waste Disposal C9 C9 Sites [February 20251 Page 7 USE CATEGORY; SPECIFIC USE TYPE' B-1 B-2 B-3 B-44 "' 8-54 PI Gen. Old City Cen.i Bus Park/ Ind. Pub/Inst. West Light Ind. Recycling Facilities -- -- -- -- C9 C9 Waste Tire Collection C9 and/or Storage Crop Production -- -- -- P P -- Feed Lots -- -- -- -- -- Greenhouse and C C -- P P -- Agriculture Nursery Beef, Dairy,Sheep,Goat -- -- -- -- C and Hog Production Poultry and Egg -- -- -- C C -- Production Aquaculture -- -- -- C C -- Single-Family Detached -- -- -- -- -- -- Residential Multi-Family Residential -- -- C9 -- -- -- (Including Apartments, (13 DU/ Condominiums or AC Min.) Residential Uses' Townhouses) Assisted Living Facility P P -- -- -- -- Group Care Home -- -- -- -- -- -- Live/Work Unit C C P -- -- C Hotels, Motels and P P P -- -- -- Resorts Bed and Breakfast Inns P P Accommodation and Lodging -- -- -- -- -- -- RV Campgrounds Boarding House -- -- -- -- Institution(seating Religious capacity of up to 1,500 P P P P P P Institutions/ persons) Places of Worship Large Institution (seating capacity C C C C C C greater than 1,500 persons) "P"=Permitted Use by Right.A"P"indicates that the listed use is permitted by-right within the respective zoning district. "C" =Conditional Use Permit.A"C" indicates that the listed use is permitted within the respective zoning district only after review and approval of a Conditional Use Permit, in accordance with the review and [February 2025] Page 8 approval procedures of§ 1-16-12 (D).The approval of"C" uses noted with Footnote 9, shall be subject to City Council review through an additional public hearing. "A" = Administrative Use Permit. An "A" indicates that the use and/or structure is permitted within the respective zoning district following review and approval of an administrative permit by the Development Services Director or designee in accordance with § 1-16-12 (C). "—" = Prohibited Uses. A "--" indicates that the listed use type is expressly not allowed within the respective zoning district. Footnotes from Table 5-3: 1. Where land use category definitions are not provided or unclear,the Zoning Administrator shall be responsible for interpretation. 2. An ancillary manufacturing use is a subsidiary or secondary use or operation connected to the main use of a building.Ancillary manufacturing uses shall be allowed in the B-1, B-2 or B-3 zoning districts if incidental and subordinate to the primary retail, office, public or quasi/public use, provided that not more than 50%, up to a maximum of 1,500 square feet,of the floor area of the business is engaged in these ancillary manufacturing activities. No outside manufacturing, processing,repair or equipment/inventory storage shall be allowed for ancillary uses(see Section 1-6-26). Ancillary manufacturing uses proposed to be greater than 1,500 square feet and/or 50%of the total floor area may be approved as a conditional use by the Planning and Zoning Commission (see Section 1-6-26). 3. See § 1-6-16 (B)for alternate energy production regulations. 4. Land uses listed in the B-4 and B-5 district that propose outdoor assembly,repair,manufacturing, processing and/or storage shall require conditional use permit approval even if identified in Table 5-3 as a permitted use by right. 5. See § 1-6-15 for adult oriented business regulations. 6. The noted retail and service use categories shall only be permitted in the B-3 zoning district when they are an incidental use to a permitted primary use. The noted use categories shall not be operated as primary stand-alone facilities,but may be permitted as individual occupancies within "strip" or"in-line" commercial centers. 7. Offices in B-4 and B-5 zoning districts shall only be permitted as ancillary uses. 8. Where a non-residential property was previously developed for commercial uses and is being redeveloped for residential uses, the new development plan shall contain whichever is greater of either: (i) a minimum of 25% of the previous commercial building square footage on the new site for commercial uses, or; (ii) a minimum of 35%of the acreage shall be used for commercial uses. [February 2025] Page 9 This definition of commercial uses shall be interpreted in a broad sense to include all typical retail, commercial and office uses. 9. Noted land uses shall be subject to City Council review and approval through a public hearing, following a recommendation by the Planning and Zoning Commission. [February 2025] Page 10 2025 AMENDMENTS TO THE APACHE JUNCTION CITY CODE, VOLUME II, LAND DEVELOPMENT CODE CHAPTER 1: ZONING ORDINANCE, ARTICLE 1-5: ZONING BULK AND USE REGULATIONS, § 1-5-1 RESIDENTIAL USE REGULATIONS AND § 1-5-3 NON- RESIDENTIAL USE REGULATIONS A) ARTICLE 1-5: ZONING BULK AND USE REGULATIONS §1-5-1 RESIDENTIAL USE REGULATIONS. Table 5-1 is amended in its entirety, which illustrates the use regulations for all residential zoning districts, as follows: TABLE 5-1: RESIDENTIAL USE REGULATIONS USE1STRUCTURE TYPE RS-GR RS-54 RS-54M RS-20 RS-20M RS-10 RS-10M RS-7 RS-7M RS-5 RM-1 RM-2 RM-3 MHP RVP Single-Family Detached P P P P P P P P P P Conventional Housing Single-Family Detached P -- P -- P -- P -- P -- -- -- -- P G Manufactured Housing p Multi-Family Residential Housing -- __ __ __ __ __ -- -- -- -- P P P -- -- HUD Certified Park Model Alternative P -- P -- P -- P -- P -- -- -- -- P P Recreational Vehicle as Primary -- -- -- -- -- -- -- -- -- -- -- -- -- P P Resldence16 Boarding House __ __ __ __ _ __ __ __ __ __ C C C -- -- Bed & Breakfast and Resorts C C C C C -- -- -- -- -- -- -- -- -- -- Child Care Homes' A A A A A A A A A A C C C -- -- Airports and Heliports2 __ G__ __ -- -- -- -- -- -- -- -- -- -- -- -- Personal Caretaker Unit3 A A A A A A A A A A [February 2025] Page 1 USEtSTRUGTURE TYPE R -54 S-54M -20 RS-20M RS-90 RS-90M RS-7 RS-7M RS-5 M-9 RM-2 RM-3 MHP RV Property Caretaker/ Ranch Hand A A A A A Unit4 Accessory Dwelling Units A A A A A A A A A A Temp. Living Quarters During P P P P P P P P P P Construction6 Public/Private Schools K to 1215 C C C C C C C C C C C C C C C Religious Institutions C C C C C C C C C C C C C C C Civic Uses and Structures A A A A A A A A A A A A A A A Above Ground Utilities' A A A A A A A A A A A A A A A Telecom Facilities C C C C C C C C C C C C C C C Lodges/Clubs -- -- -- -- -- -- -- -- -- __ __ __ _ G-_ G-_ Model Homes$ A A A A A A A A A A A A A A A Detached Garages9 P P P P P P P P P P P P P P P Accessory Structures9 (except cargo P P P P P P P P P P P P P P P cont.) Equestrian Activities (private)10 P P P P P P P P P P -- -- -- -- -- Equestrian Activities (commercial)10 C C C -- -- -- -- -- -- -- -- -- -- -- -- Commercial Agriculture" P G__ G__ -- -- -- -- -- -- -- -- -- -- -- -- Non-commercial Agriculture" P P P P P P P P P P P P P P P [February 2025] Page 2 Produce Sales" P Feed Lots" Technologies 12 Commercial Recycling Bins P P Temporary Uses and Structures See Vol, lUj-6-23 Home Occupations See VoI,Jj,_§_1-6-6 Fences/Walls See Vol,jj_§_1-6-3 Swimming Pools and Sports Courts See Vol, [L§_1-6-1 I Cargo Containers See Vol,L�. 1-.6-8 Group Care Homes See YgI, 10 Subdivision and HOA Activities See Footnote# 14 YES P = Permitted use by right.A YES indicates that the listed use is permitted by-right within the respective zoning district. Permitted uses are subject to all other applicable standards (see Vol. ||,Article 1-6,Supplemental Regulations). [February2O25] Page C=Conditional use permit. A CUP indicates that the listed use is permitted within the respective zoning district only after review and approval of a conditional use permit, in accordance with the review and approval procedure of Vol. 11, § 1-16-12(D). AUR A=Administrative use permit.An AUP indicates that the use and/or structure is permitted within the respective zoning district following review and approval of an administrative permit by the Development Services Director or designee in accordance with Vol. 11, § 1-16-12(C). 49--= Prohibited uses.A NO indicates that the listed use type is expressly not allowed within the respective zoning district. Footnotes from Table 5-1: 1. This classification includes home based nursery schools, preschools, and day care facilities for children through the age of 12 licensed by the State of Arizona.The maximum amount of non-resident children allowed on-site is 6 or less. 2. See Vol. 11, § 1-6-14 for airports and helipads regulations. 3. See Vol. 11, § 1-6-20 for personal caretaker unit regulations. 4. See Vol. 11, § 1-6-7(D)(7)for property caretaker/ranch hand regulations. 5. See Vol. 11, § 1-6-19 for accessory dwelling unit regulations. 6. A travel trailer, motor home or fifth wheel may be parked and used as a temporary living quarters,or an existing legal manufactured home located on the premises may be used as a temporary residence,for up to 8 months while a home is being constructed on a single-family residentially zoned property subject to compliance with the main building's setback requirements.The temporary quarters may be temporarily connected to utilities subject to proper permitting(see Vol. II, § 1-6-23,Table 6-3). 7. See Vol. 11, § 1-6-21 regarding regulations for utility installations. 8. See Vol. 11, Article 1-17 regarding model home definition and restriction. 9. See Vol. 11, § 1-6-5 for accessory structure regulations. 10. The keeping of horses for private use requires a minimum of 1.25 grass acres. See Vol. 11, § 1-6-7 for further equestrian regulations. 11. See Vol. 11, § 1-6-18 for agriculture use regulations. [February 2025] Page 4 12. See Vol. II, § 1-6-16 for alternative energy technologies regulations. 13. See Vol. II, § 1-6-21 for utility installation regulations. 14. Ancillary retail sales and special events/activities intended for subdivision residents only. Homeowner's Associations shall apply for and obtain an AUP from the Zoning Administration prior to conducting or allowing ancillary retail sales (e.g., market days, craft/art sales,fundraisers and temporary food vendors). If approved,the Zoning Administrator shall issue an AUP with written conditions of approval in accordance with the following: a. All proprietors and vendors shall possess valid business licenses and permits as required by the City Code, and comply with required sales tax administration and collection processes. b. The application for an administrative permit shall contain a description of the ancillary retail sales activity, maximum number and type of vendors, days and hours of operation and a site plan illustrating the location and parking associated with the retail sales. c. All signs that describe or relate to ancillary retail activities shall not be visible from beyond the boundaries of the subdivision. d. Ancillary retail sales shall be conducted indoors within the recreational/social center or outdoors within a common area. e. Parking for approved retail uses shall be accommodated within established and approved parking areas, or with on-street parking approved by the Zoning Administrator. f. Ancillary retail sales shall be directed to and be for the benefit of subdivision residents and their guests only. g. Ancillary retail sales shall not exceed more than 3 days per week and shall operate between the hours of 7:00 a.m. and 10:00 p.m. h. The administrative permit may be valid for multiple events. i. Failure to comply with the conditions of approval established in the administrative permit may result in the revocation of the permit, and prohibition on issuing future retail sales permits to the subdivision. Ancillary Retail Sales and Special Events/Activities Intended for Subdivision Residents and Non-Subdivision Residents. Special events and/or activities hosted or sponsored by the subdivisions (e.g., concerts,fund raisers, lectures, seminars,workshops, educational classes, recreation, food/beverage sales, sporting events and meetings) or ancillary retail uses (e.g., restaurants, personal care services, specialty retail and [February 2025] Page 5 professional offices)shall only be allowed subject to approval of a CUP or, if applicable, compliance with Chapter 8,Vol. I of the City Code regarding special events. 15. Conditional use permit approval shall be required for public and private schools unless pre-empted by state law. Charter schools located on single-family zoned properties less than 1-acre in size shall be prohibited. 16. See Vol. II, § 1-9-3 for recreational vehicle and manufacture home park regulations. [February 2025] Page 6 B) ARTICLE 1-5: ZONING BULK AND USE REGULATIONS §1-5-3 NON-RESIDENTIAL USE REGULATIONS. Table 5-3 is amended in its entirety, which illustrates the use regulations for all non-residential zoning districts, as follows: TABLE 5-3: NON-RESIDENTIAL USE REGULATIONS USE CATEGORY SPECIFIC USE TYPE' B-1 B-2 B-3 B-44 B-54 PI Gen. Old City Cen. Bus Park/ Ind. Pub/Inst. West Light Ind. Motor Vehicle Dealer P P P General Automotive P P P Repair RV Sales/Service/Repair -- -- -- C C -- Boat,ATV&Motorcycle __ P __ P -- P -- -- Sales/Service Semi-Truck -- -- -- C C -- Service/Repair Semi-Truck Stop -- -- -- C C -- Vehicle Services Body Shops -- -- -- P P and Rentals Car Washes P P -- Vehicle Rental and C P C P -- P P -- Leasing Truck,Trailer and C C -- P P -- Moving Vehicle Rentals Machinery and Equip. P P -- P P -- Rental (Indoor) Machinery and C C -- P P -- Equipment Rental (Indoor/Outdoor) General Retail (Personal Goods, Household Goods, P P P -- -- -- Consumer Electronics, Retail Sales and Specialty Goods,etc.) Services Automotive Parts and P P P6 Cp Cp Accessory Sales Manufactured/Mobile -- -- -- C C -- Home Sales [February 2025] Page 1 USE CATEGORY SPECIFIC USE TYPE' B-1 B-2 B-3 B_44 B-5 4 PI Gen. Old City Cen. Bus Park/ Ind. Pub/Inst. West Light Ind. Appliances& Parts Sales P P P6 P P and Repair Stores Hardware Store P P P Building Materials and C C CID P Supplies Sales(Indoors and/or Outdoors) Lawn and Garden P P P6 P P Equipment/Supply Sales Feed and Fertilizer Sales C C P6 C P N ursery/Green houses C C P P with On-Site Sales Grocery Stores P P P Gasoline Stations and P P P Convenience Stores Beer,Wine and Liquor P P P6 Stores Shopping Centers P P C9 Retail Sales and Big-Box Stores and P P Services Warehouse Clubs Thrift Store/Used P P Merchandise Sales Antique Stores P P Pet and Pet Supply Sales P P P6 P Pet Care/Veterinary P P P6 P Clinic Kennels/Pet Day Care P P P Tobacco and Related P P C_p6 Product Sales Electronic Shopping and P P P Mail-Order Sales Stand-alone Bottled Gas C C P6 C C and Biofuel Dealers Bakery Sales(small- P P P scale, not factory or distribution warehousing) Bakery Sales(large scale P P including distribution or warehousing) [February 2025] Page 2 USE CATEGORY; SPECIFIC USE TYPE' B-1 B-2 B-3 B-44 " 8-54 PI Gen. ©Id City Cen.i Bus Park/ Ind. Pub/Inst. West Light Ind. Medical Marijuana C9 C9 -- C9 C9 -- Facilities& Dual Licensees Marijuana -- -- -- -- -- -- Establishments Marijuana Cultivation -- -- -- -- --and Infusion Facilities Marijuana Cultivation -- -- -- -- -- -- Marijuana Testing Facilities Swap Meets Cg Cg -- -- -- -- Farmers Markets P P P -- -- P Pawn Shops -- P -- -- -- -- Temporary Retail Carts A A A A -- A and Kiosks Printing Shop P P P P -- -- Cleaning and Janitorial P P P Services Landscaping and Exterminating P P Retail Sales and g Services Services Business Equipment P P P P Maintenance and Repair Personal and Household Goods Repair 6 (Electronics, Furniture, P P P P P etc.) Dry Cleaning Services P P P Laundromat P P -- -- -- -- Linen and Uniform P P -- -- -- -- Retail Linen,Carpet,and -- -- -- P P -- Uniform Supply& Cleaning Personal Care Services (e.g. Hair, Nails and Skin P P P -- -- -- Care) Tattoo Services P P P -- -- -- Death Care Services/ C C -- C --C -- Funeral Homes Crematories -- -- -- C C -- [February 2025] Page 3 USE CATEGORY; SPECIFIC USE TYPE' B-1 B-2 B-3 B-44 " 8-54 PI Gen. Old City Cen.i Bus Park/ Ind. Pub/Inst. West Light Ind. Taxidermist -- -- -- P P -- Commercial Parking C9 C9 C9 C C C Lots and Garages Fraternal Organizations P P P (Clubs and Lodges) Retail Sales and Banks and Credit Unions P P P -- -- -- Services Securities/Commodities P P P -- -- P Off ice/Sales/Exchanges Check Cashing Store C C -- -- -- -- Adult Oriented Uses -- -- -- -- C9 General Offices P P P P7 P7 -- Office Call Center P P -- Elementary, Middle, P P P P P P and High Schools& Educational Colleges/Universities Services Trade Schools P P P P P P Administrative Services P P CP P P P Physicians, Dental and P P P Health Practitioners Outpatient& P P -- -- -- -- Ambulatory Care Centers Medical and Diagnostic P P P -- -- -- Labs Home Health Care P P P -- -- -- Services Blood and Organ Banks P P -- P -- -- Health Care and General Medical and P P -- -- -- P Social Assistance Surgical Hospitals Psychiatric&Substance 42C9 PC9 -- -- -- -- Abuse Facilities Nursing and Residential P P -- -- -- -- Care Facilities Individual and Family P P -- -- -- -- Care Services Homeless Shelter -R-- -_ -- ..--C9 —C9 -- Community Food and -- P'-- -- PC9 —Cg -- Relief Services [February 20251 Page 4 USE CATEGORY; SPECIFIC USE TYPE' B-1 B-2 B-3 B-44 " 8-54 PI Gen. Old City Cen.i Bus Park/ Ind. Pub/Inst. West Light Ind. Child&Adult Day Care P P P6 P -- P Services Vocational Rehab P P -- P -- -- Services Movie Theaters P P P -- -- -- Performing Arts P P P -- -- P Facilities Spectator Sports C9 C9 C9 -- -- C-- Facilities Museums and Historical P P P -- -- P Sites Zoos, Nature Parks and C9 C9 -- -- -- C--- Botanical Gardens Amusement Parks C C -- C9 C9 C--- Indoor Arcades P P P -- -- -- Gambling Facilities C9 C9 C9 -- -- C.-- Private Recreational C9 C9 -- C9 C9 C-. Facilities(Outdoor) Arts, (Private Sports Entertainment, Complexes,Golf Recreation,and Open Space Courses,etc.) Private Recreational P P P P -- C Facilities(Indoor) (Gyms, Martial Arts Studios,Yoga Studios, Paintball Courses,etc.) Event Centers&Venues C9 C9 C9 C9 -- -- Public Recreational A A A A A A Facilities Public Outdoor Music A A A A A A Festivals/Events Private Outdoor Music C C C C -- C Festivals/Events Commercial Equestrian C C -- C C- C Boarding, Rentals, Arenas and Academies Cemeteries/Mausoleum C -- -- -- C9 Restaurants& P P P —C --C C--- Delicatessen Food and Drinking Caterers P P P6 P -- -- Establishments Confectionary and Ice P P P -- -- -- Cream Sales [February 2025] Page 5 USE CATEGORY; SPECIFIC USE TYPE' B-1 B-2 B-3 B-44 "' 8-54 PI Gen. Old City Cen.i Bus Park/ Ind. Pub/Inst. West Light Ind. Bars, Breweries, Brew P P P —C ---C -- Pubs and Tasting Rooms Restaurants/Bars/Clubs C C C -- -- -- (With Amplified Outdoor Music) Government Offices P P P P P P and Courts Public Services P P P P P P Public (Libraries, Parks, Public Administration Safety Buildings) Detention/Correctional -- -- -- C9 C9 C9 Facilities or Institutions Mining, Oil and Gas Extraction C9 C9 -- C9 C9 C9 Quarrying,Gas Mining -- -- -- C9 C9 C9 and Oil Quarrying -- -- -- C9 C9 C9 Electric Power C C C C C C Generation Water and Sewerage C C C C C P Systems/Facilities Telecommunication Facilities C C C C C P (Antennas or Towers) Telecommunication Utilities Facilities (Antennas or Towers) P P P P P P on land owned,leased, or otherwise controlled by the City Other Utilities See§ 1-6-21 Alternative Energy See§ 1-6-16 Generation Facilities Light Manufacturing -- -- -- P P -- (Located within an enclosed building and only generates moderate and manageable traffic, noise,vibration,odor, glare and/or light impacts) Heavy Manufacturing -- -- -- -- C -- Manufacturing (Indoor and/or Outdoor: Assembly, manufacturing, processing, repair and/or storage,and that may generate traffic, noise,vibration,odor, [February 2025] Page 6 glare,and/or light impacts that need to be conditionally managed) Ancillary P2 P2 P2 N/A N/A P Manufacturin g2 USE CATEGORY SPECIFIC USE TYPE' B-1 B-2 B-3 8-4 4 B_54 PI Gen. Old City Cen. Bus Park/ Ind. Pub/Inst. West Light Ind. Contractors office,shop P P P P and/or storage(indoors) Contractors office,shop C C C P C Construction and/or storage(indoors and/or outdoors) Craftsman and Artisan P P P P P (Indoors) Craftsman and Artisan C C C P C C-- (Outdoors) Truck Transportation C C Terminal Bus Transportation C C C Terminal Air Transportation C9 C9 -P C9 Terminal Taxi and Limousine P P P Service Transportation Towing Truck Parking C 9 C and and Storage Warehousing Scenic and Sightseeing C C C C C Terminal/Parking Postal,Courier and G P G P P G P P G P Delivery Service General Warehouse and P P Storage(Indoor) Mi+*-W�iFehow-A-Self C9 C9 Storage Facility Distribution Facilities P-C P C Outside Storage Yards C C Motion Pictures and C C C-- P P Sound Recording Indus. Broadcasting and P P P P P Information Recording Data Center/Data C--9 C9 Processing Facilities Transfer Station/ Waste Material Recovery C9 C9 Management Center And Remediation Solid Waste Disposal C9 C9 Sites [February 2025] Page 7 USE CATEGORY; SPECIFIC USE TYPE' B-1 B-2 B-3 B-44 "' 8-54 PI Gen. Old City Cen.i Bus Park/ Ind. Pub/Inst. West Light Ind. Recycling Facilities -- -- -- -- C9 C9 Waste Tire Collection C9 and/or Storage Crop Production -- -- -- P P -- Feed Lots -- -- -- -- -- Greenhouse and C C -- P P -- Agriculture Nursery Beef, Dairy,Sheep,Goat -- -- -- -- C and Hog Production Poultry and Egg -- -- -- C C -- Production Aquaculture -- -- -- C C -- Single-Family Detached -- -- -- -- -- -- Residential Multi-Family Residential C- C-= C9 -- -- C (Including Apartments, (13 DU/ Condominiums or AC Min.) Residential Uses' Townhouses) Assisted Living Facility P P C - -- -- -- Group Care Home C-- C-= C-- -- -- -- Live/Work Unit C C P -- -- C Hotels, Motels and P P P -- -- -- Resorts Bed and Breakfast Inns P P Accommodation and Lodging RV Campgrounds C` C Boarding House -- -- -- -- Institution(seating Religious capacity of up to 1,500 P P P P P P Institutions/ persons) Places of Worship Large Institution (seating capacity C C C C C C greater than 1,500 persons) --` ." "P" = Permitted Use by Right. A "P" indicates that the listed use is permitted by-right within the respective zoning district. "C'=Conditional Use Permit.A"C" indicates that the listed use is permitted within the respective zoning district only after review and approval of a Conditional Use Permit, in accordance with the review [February 2025] Page 8 and approval procedures of§ 1-16-12(D).The approval of"C" uses noted with Footnote]9,shall be subject to City Council review through an additional public hearing. �,- ""A"=Administrative Use Permit.An"A" indicates that the use and/or structure is permitted within the respective zoning district following review and approval of an administrative permit by the Development Services Director or designee in accordance with § 1-16-12 (C). `° O""—" = Prohibited Uses. A"--" indicates that the listed use type is expressly not allowed within the respective zoning district. Footnotes from Table 5-3: 1. Where land use category definitions are not provided or unclear, the Zoning Administrator shall be responsible for interpretation. 2. An ancillary manufacturing use is a subsidiary or secondary use or operation connected to the main use of a building.Ancillary manufacturing uses shall be allowed in the B-1, B-2 or B-3 zoning districts if incidental and subordinate to the primary retail, office, public or quasi/public use, provided that not more than 50%, up to a maximum of 1,500 square feet,of the floor area of the business is engaged in these ancillary manufacturing activities. No outside manufacturing, processing,repair or equipment/inventory storage shall be allowed for ancillary uses(see Section 1-6-26). Ancillary manufacturing uses proposed to be greater than 1,500 square feet and/or 50%of the total floor area may be approved as a conditional use by the Planning and Zoning Commission (see Section 1-6-26). 3. See § 1-6-16 (B)for alternate energy production regulations. 4. Land uses listed in the B-4 and B-5 district that propose outdoor assembly, repair, manufacturing, processing and/or storage shall require conditional use permit approval even if identified in Table 5-3 as a permitted use by right. 5. See § 1-6-15 for adult oriented business regulations. 6. The noted retail and service use categories shall only be permitted in the B-3 zoning district when they are an incidental use to a permitted primary use. The noted use categories shall not be operated as primary stand-alone facilities,but may be permitted as individual occupancies within "strip" or"in-line" commercial centers. 7. Offices in B-4 and B-5 zoning districts shall only be permitted as ancillary uses. 8. Where a non-residential property was previously developed for commercial uses and is being redeveloped for residential uses, the new development plan shall contain whichever is greater of either: 1. a minimum of 25% of the previous commercial building square footage on the new site for commercial uses, or; 2. a minimum of 35%of the acreage shall be used for commercial uses. [February 2025] Page 9 This definition of commercial uses shall be interpreted in a broad sense to include all typical retail, commercial and office uses. 9. Noted land uses shall be subject to City Council review and approval through a public hearing, following a recommendation by the Planning and Zoning Commission. [February 2025] Page 10 Text Amendment to Apache Junct *ion Zon *ing Ord 'inance Art 'Icle, lm= 5 ,,, Zoning Bu ,lk ,and Use Regu, ,Iations P 24 1 A ,M ' ' ' n' ," Lily 0 r � u t,r , �n w n n k t r fi s W w tf t ,r tom.. „ r, tr' H"" r x' f rr, � 3 r{ l a y, t: } t4 f, 5, 4 a e b 5 a , 4 ru r.. t f tt"4 t r. "f, 2 f a�x tx n fr 5 f S t r<3r' i ., rr 5• rs" {d 9," t t t v r, s t a J a*, .:r r n fii" tt r 5., t „ x fi f }:J r" r 1 55 k t Y 3 t+ j f.. utt,k; n"3 tr { to E s,. s f is�4 t.. } #i 4, f if Background • On December 5, 2023, the City Council held a discussion about the usage of Conditional Use Permits ( "'CUPs" ) for major, lasting, and impactful land use decisions . Staff were directed to review the ordinance language and return at a future meeting with potential text amendment options . • On January 16, 2024, Staff presented options and were directed by the City Council to draft a text amendment to modify the Article 1-5 : Zoning Bulk and Use Regulations land use tables for the City Council to be involved in permanent and high -impact land use decisions ,. § 1 - 16 - 12 Conditional Use Permits • "Conditional uses are those uses that are generally compatible with the land uses permitted by right in a zoning district, but which require individual Planning and Zoning Commission review and Conditional Use Permit ( " CUP " ) approval of their location, design, operation and configuration along with the imposition of conditions in order to ensure the appropriateness of the use at a particular location . Uses requiring a CUP are identified in Tables 5- 1 and 5-3 ." Evaluation Criteria 1 . 1s the land use "conditional ?" "Conditional" meaning there is some aspect of its operation that requires management & coordination of design, and that the use approval can be revoked for failing to meet the operational standards established by the ordinance . Examples of Conditional Uses : outdoor music, heavy manufacturing, outdoor activity Examples of non-conditional uses : Residential development in commercial zones, parking garages, cemeteries Evaluation Criteria 2 . 1s the land use of such high/significant impact that the decision is best made by elected leadership? "High Impact" meaning that the land use generates exceptional levels of activity or disturbance (such as noise & traffic) or permanently affects the nature of the property. Examples : Amusement parks, zoos, golf courses, cemeteries, airports, Multi-Family residential conversion of commercial "Significant Impact"" is meant to cover land uses that have notable community sensitivity resulting in political weight and significance . Examples : Jails, rehab facilities, homeless shelters, gambling facilities, airports Evaluation Criteria 3 . 1s the land use better served with a rezoning or planned development? Examples : Multi-family residential development in B- 1 & B-2 Commercial Zones, Shopping Malls requiring integrated planning across large areas Proposed Amendment • Update Apache Junction City Code, Volume 11,, Land Development Code, Chapter 1 : Zoning Ordinance, Article 1-5 : Zoning Bulk and Use Regulations land use tables through an evaluation of which land uses should involve City Council review and approval . • City Council review requirements have been incorporated through the addition of the footnote "9 . Noted land uses shall be subject to City Council review and approval through a public hearing, following a recommendation by the Planning and Zoning Commission ."' • The symbology of the table has been updated to facilitate ease in reading. ElmIN No M I I NI N I ! N NNM iui u� L III N i i l MotorIIAN IaI�III NI! �!M lIeNI UI Dealer ea; e �lI - III III MUIN�lll l�llu i�IIIIIII�IItIIVehicle Dealer� E1Y' �rrrrrrrrrrrrrrrirrrrrrrrrrr' arrrrrrrrrrr: Old symbology New symbology Is Planning & Zoning Commission Recommendation • The Planning and Zoning Commission voted 7-0 to recommend the approval of draft text amendment P- 24- 1 -AM on January 14, 20256 Items of Consideration • Resolution No . 25 -01 declares the document "2025 Amendments to the Apache Junction City Code, Volume II , Land Development Code, Chapter 1 : Zoning Ordinance, Article 1 -5 : Zoning Bulk and Use Regulations, § 1 -5 - 1 Residential Use Regulations and § 1- 5- 3 Non - Residential Use Regulations" as a public record filed with the City Clerk . • Ordinance No . 1563 adopts the text amendment into the Zoning Ordinance itself, repealing and replacing any conflicting provisions . x er " t �x k r » J, �r�: qt r tt 1 , ,,r „t»r» 4F e :^i• :.,, ._: :t ». _ �.,.,., "' '.:. .=, '2q;,, ,. ,';..,v :_ :, ,v$rr: t 1 { 4 t of E i r 7 ion Quest * ......... . f v� F ,) Y 3aa w, rat t, r t' s M1 = t"a t' t l� JJ t f 1.t k t i j r ...F. 4 t i.. ,,„ i>. L{ t � 4 t t t} 43t t{ of e •� i r } n „ i 4 t f it i 3 1}r { 4 t F i f t t tl y »: 4 JFt �^ f S1 tt ttl#�.>I City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No. 12. File ID: 25-077 Sponsor: Evie McKinney and Joel Stern Agenda Date:2/18/2025 Index: In Control: City Council Meeting Direction to staff to take any and all action and bring forth any and all resolutions necessary to change the mayoral term from 2 years to 4 years pursuant to AJCC, Vol. I, Ch. 2, Art 2-1, §2-1-1(B). City of Apache Junction,Arizona Page 1 Printed on 211212025 AJCC,Vol. 1, Ch. 2, § 2-1-1 ELECTED OFFICERS. (A) The elected officers of the city shall be a Mayor and 6 Council members. The Mayor and Council members shall constitute the Council and shall continue in office until assumption of duties of office by their duly elected successors. (B) The term of Office of the Mayor shall be 2 years,but nothing in this section precludes such person from serving as Mayor for more than one 2-year term after successive elections. (C) Council members shall serve 4-year overlapping terms as in the case of the office of the Mayor, Council members are not limited to serving only one 4-year term. CITY COUNCIL MEETING ROLL CALL Date: - - 5- Work Study Regular Special __ _ ft E.1�.. ,._._ _.._ CITY COUNCIL. present Ab/excu Present b/excu Present Ab/excu MAYOR WILSO - I VICE MAYOR SCHRO DER COLINCILMEMBER CROSS COUNCILMEMBER HECK COUNCILMEMBER JOHNSON COUNCILMEMBER NESSER COU CILMEMBER SOLLER TaTAI. � ---�-------- _ F CITY STAFF: ( Present Ab/excu Present Ab/excu Present Ab/excu City Manager Bryant Powell Assistant City Manager Matt Busby City Clerk Evie McKinney V' City Attorney Joel Stern IT Director Doug Wirthgen --- ----_ Mrkt Comm Director Kayla Fulmer v -- - ------------- Public . Safety Director Michael Pooley t ` ^ Public Safety Assistant Johnny John ttr Dev Services Director Rudy Esquivias _ -----------_-- PW Director Ted Wolff Parks& Rec Director Liz Langenbac ' Econ Director Ryan Kaup j Library Director Pam Harrison Finance Director Angelie Hawley FIR Director Anna McCray Water District Director Mike Loggins Municipal Judge Thomas McDermott Deputy City Clerk Planning Manager Sidney rigs Building&Safety Mgr AdrianAlegria _ _ — -------- - —-- Senior Planner Kelsey Schattnik Planner Erica Hernandez _ _ —. Planner Nick Leftwich PW Project Engineer Raquel Schatz City Engineer Emile Schmid — — Management Analyst Rob Wisler 77 777774507 4.€.. . n t<: cx City Council VOTE - ROLL CALL ITEM # MEETING OF MOTION BY: SECONDED BY; NOTES: S Nth ABSTAINED a _. _ CITY COUNCIL: � CCIUNCILMEMBER NESSER CC}UNCILMEMBER JOHNSON COUNCILMEMBER CROSS CJUNCILMEMBR NECK COUNCILMEMBER SOLLE -- -_.__ _ -- VICE.MAYOR S CR©EDER MAYOR WILSO _ -_---- -- a_- T0TAL ,___._L�1_ r UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL Vote sheet 2 S:j 5`—Templates&Forms f Vote Call—City Council City Council ORDINANCE VOTE- ROLL CALL ITEM _ MEETING OF um MOTION BY. SECONDED BY: MOTION BY: '' SECONDED BY: YES NO EXCUSED CITY COUNCIL _.:.r ._._ --------- COUNCILMEMBER HECK ._ -_ _ -- ------_.- ___ ___._____ -----. ----------_ COUNCILMEMBER CROSS NICE MAYOR SCHROEDER 1 COUNCILMEMBER NESSER COUNCILMEMBER JOHNSON COUNCILMEMBER SOLLER MAYOR WILSON --j TOTAL 1dA IMO S IN FA oR OPPOSED 1EXCUSED YES NO EXCUSED CITY COUNCIL �COUNCILMEMBERSOLLER V{_ _ --------.------_-._-- COUNCILMEMBER JOHNSO VICE MAYOR SCHROEDER - ----- O N ILMEMBER NESSER -- COUNCILMEMBER CROSS COUNCILMEMBER HECK w _ —- - MAYOR WILSON TOTAL UNANIMOUS IN FAVOR OPPOSED EXCUSED S:/5-Templates&Forms/Vote Call-City Council City Council VOTE - ROLL CALL ITEM # : , � 0'7 MEETING OF MOTION BY. ae C,(a"-�5 SECONDED BY. NOTES: } Of YES NO ABSTAINED CITY COUNCIL. COUNCII_MEMBER CROSS COUNCILMEMBER SOLLER COUNCII_MEMBER HECK COUNCIL.MEMBER JOHNSON VICE MAYOR SCHROEDER ` COUNCIEMEMBER NESSER _ MAYOR WIESON TOTAL � UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL SHEET 4 S:/5 Templates&Forms/Vote Call City Council City Council VOTE ROLL CALL ITEM # .k -7 MEETING OF MOTION BY: SECONDED BY: NOTES: a t YES NO ABSTAINED i CITY COUNCIL COUNCILMEMBER SOLLER VICEMAYOR SCHROEDER COUNCILMEMBER NESSER COUNCILMEMBER CROSS COUNCILMEMBER HECK COUNCILMEMBER JOHNSON MAYOR WILSON TOTAL UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL SHEET 6 S.J 5—Templates&Forms J Vote Call-City Council tie:_� � .�� � CITY OF APACHE JUNCTION I REQUEST TO P FOR Please fill out completely and return to the City Clerk PRIOR to the conclusion of the City Manager's eport portion of the agenda. I would like to speak on Agenda I would like to speakon a Non-Agenda matter regarding: Do you wish to speak before Council on this item? +e Only If Necessary 1 am in favor of the proposed It I am opposed to the proposedItem. First Name . Last Name (PRINT) x Address city Zip Code Telephone Email address This information will be used by staff`for follow-up, if necessary. Speakers shall make comments at directly to the Mayor and City Council when called rap to speak at the podium. Note: Call to the Public commentshave a area minute limit and Public as r� rr� rat a fi�ra Irr t II Itar Consent for Minor to be Audio and/car Video Recorded: 1, . as the parent/guardian of � rnin r(s)) a rrr nor . 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 l hereby consent to the minor being arch 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- 0 )(g), ig aatrare of Parent/Guardian Date 08! 51 `3 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 rt 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 Only If Necessary Ll am in favor of the proposed Item. 1 am opposed to the proposedItem. /I ill e r � 01�e First Name Last lame (PRINT) Ks-iLi_ Address city Zip Code Telephone Email address This information will be used by stet 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 ubli ea ire e i is h ve a fire i ut li i Consent for Minor to e Audio and/or Video Recorded 1, as the parent/guardian of r irtr r(s)); a rr inor(s)a agree to allow said minors to appear and/or participate in the City of Apache Junction City Council Meeting. 1 farther understand that this activity may be audio and/or video recorded and l hereby consent to the minor being audio rid/car video recorded during his/her participation with the likelihood that their image will appear can cable TV and the internet video stream showing their participation. A.R.S. 1- 02 (A)(tt): Signature ofParent/Guardian Date t /261201