HomeMy WebLinkAbout2021 04.06 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
Tuesday,April 6,2021 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. 21-1 1 Consideration of acceptance of agenda.
Sponsors: Jennifer Pena
2. 1-132 Consideration of approval of minutes of the regular meeting of March
16, 2021.
Sponsors: Jennifer Pena
Attachments: Minutes
City of Apache Junction,Arizona Page 1 Printed on 313112021
City Council Meeting Agenda April 6,2021
3. 21-143 Consideration of approval for an award of contract to Viasun
Corporation for the lining of the Delaware Drive drainage channel from
approximately 23rd Avenue to Southern Avenue. The work would be
through the cooperative Pinal County Job Order Contract#175623 in
the amount of$599,302.31, plus a 10% contingency for unforeseen
change orders in the amount of$59,930.23, for a total project cost not
to exceed $659,232.54. Work will result in the final phasing of a
concrete lining from the Palm Wash entry of the channel to Southern
Avenue; depending on final scheduling and weather conditions, work is
planned for this coming May and June of 2021. This project was
presented and discussed as part of the FY21 Capital Improvement and
Street Maintenance Plan at the June 16, 2020 city council work
session.
Sponsors: Shane Kiesow
Attachments: Cit Council MernoWPW2020p126 Viasun RSA r2021
PWC2020-126 A regiment-Viasun A r2021
4. 1-12 Consideration of approval of Resolution No. 21-11, a Resolution of the
Mayor and City Council of the City of Apache Junction, Arizona,
designating Leslie DeReche as Chief Fiscal Officer for officially
submitting and certifying the accuracy of the fiscal year 2021
expenditure limitation report to the Arizona Auditor General.
Sponsors: Matt Busby
Attachments: Res.21-11
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. 21-138 Presentation of proclamation recognizing April 2021 as Fair Housing
Month.
Sponsors. Larry Kirch
Attachments: Staff Report
Proclamation-Fair Housing
F. ANNOUNCEMENT OF CURRENT EVENTS
The mayor or any member of council may at this time present a brief summary of current events.
However, no discussion shall take place on such items except for clarifying comments related to
substance, time and location.
6. 21-133 Announcement of current events from mayor and councilmembers.
Sponsors. Chip Wilson
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City Council Meeting Agenda April 6,2021
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. 21-14 City Manager's Report.
Sponsors: Bryant Powell
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.
8. 21-146 Presentation, discussion, public hearing and consideration of
proposed Resolution No. 21-14, declaring as a public record that
certain document filed with the City Clerk entitled "2021 Amendments
to the Apache Junction City Code, Volume 11, Land Development Code,
Chapter 2: Subdivision and Minor Land Division Regulations"; repealing
any conflicting provisions; and providing for severability.
Sponsors. Larry Kirch
Attachments: Resolution No,21-14
9. 21-145 Presentation, discussion, public hearing and consideration of
proposed Ordinance No. 1503, amending Apache Junction City Code,
Volume 11, Land Development Code, Chapter 2: Subdivision And Minor
Land Division Regulations, by repealing and replacing in its entirety;
and by adopting by reference that certain document entitled "2021
Amendments to the Apache Junction City Code, Volume II, Land
Development Code, Chapter 2: Subdivision And Minor Land Division
Regulations", repealing any conflicting ordinances; providing for
severability; and proving for penalties.
Sponsors: Larry Kirch and Sidney Urias
Attachments: 4.6.21 CC Memo-Subdivision Regulations
Subdivision and Minor Land Division Regulations CC-Staff-4.
Ordinance No, 1503
Subdivision Ordinance No Redline Rev,3.24.21
Subdivision Ordinance Redline Rev. 3,24.21
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City Council Meeting Agenda April 6,2021
10. 21-148 Presentation, discussion, public hearing and consideration of
proposed Resolution No. 21-13, 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 "2021
Amendments to the Apache Junction City Code, Volume II, Land
Development Code, Chapter 1: Zoning Ordinance, Article 1-6:
Supplement Regulations, § 1-6-12 Medical and Recreational
Marijuana"; repealing any conflicting provisions; and providing for
severability.
Sponsors_. Larry Kirch and Kelsey Schattnik
Attachments: Medical and Recreational CC PH Memo
Resolution 21-13(DRAFT)
Ordinance No. 1502 DRAFT
Revised Medical Marijuana Ordinance(Markedup Version 2
Medical and Recreational PZ PIS Staff Report
11. 21-152 Presentation, discussion, public hearing and consideration of
proposed Resolution No. 21-15, 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 "2021
Amendments to the Apache Junction City Code, Volume II, Land
Development Code, Chapter 1: Zoning Ordinance, Article 1-5: Zoning
Bulk and Use Regulation, § 1-5-3 Non-Residential Use Regulations,
Table 5-3 Non-Residential Use Regulations, and Article 1-17, § 1-17-1
Definitions"; repealing any confliction provisions, and providing for
severability.
Sponsors: Larry Kirch and Kelsey Schattnik
Attachments: Medical and Recreational CC PH Memo
Resolution 21-15(DRAFT)
Ordinance No. 1504(DRAFT)
Table 5-3 Non-Residential Use Reguiations and 1417-1 G�efinitic
Medical and Recreational PZ PH Staff Report
City of Apache Junction,Arizona Page 4 Printed on 313112021
City Council Meeting Agenda April 6,2021
12. 21-150 Presentation, discussion, public hearing and consideration of
proposed Ordinance No. 1502, an Ordinance of the Mayor and City
Council of the Apache Junction, Arizona, amending Apache Junction
City Code, Volume 11, Land Development Code, Chapter 1: Zoning
Ordinance, Article 1-6: Supplemental Regulations, by repealing,
replacing and retitling in its entirely§ 1-6-12, Medical Marijuana; and by
adopting by reference that certain document entitled "2021
Amendments to the Apache Junction City Code, Volume 11, Land
Development Code, Chapter 1: Zoning Ordinance,Article 1-6:
Supplemental Regulations, § 1-6-12, Medical and Recreational
Marijuana"; repealing any conflicting provisions; providing for
severability; and providing for penalties.
Sponsors: Larry Kirch and Kelsey Schattnik
Attachments: Medical and Recreational CC PH Memo
Ordinance No. 1502 DRAFT
Resolution 21-13 DRAFT
Revised Medical Marijuana Ordinance Markedu Version 2
Medical and Recreational PZ PH Staff Re of
13. 21-154 Presentation, discussion, public hearing and consideration of
proposed Ordinance No. 1504, an Ordinance of the Mayor and City
Council of the City of Apache Junction, Arizona, amending the Apache
Junction City Code, Volume ll, Land Development, Chapter 1: Zoning
Ordinance, by adding a new recreational marijuana use category to
certain zoning districts and new recreational marijuana use definitions
and adopting by reference that certain document entitled "2021
Amendments to Apache Junction City Code, Volume 11, Land
Development Code, Chapter 1: Zoning Ordinance, Article 1-5 Zoning
Bulk and Use Regulations, § 1-5-3, Non-Residential Use Regulations,
Table 5-3 Non-Residential Use Regulations, and Article 1-17, § 1-17-1
Definitions"; repealing any confliction provisions; providing for
severability; and providing for penalties.
Sponsors: Larry Kirch and Kelsey Schattnik
Attachments: Medical and Recreational CC PH Memo
Ordinance No, 1504 DRAFT
Resolution 21-15{DRAFT
Table 5-3 Non-Residential Use Regulations and 1-17-1 Definitic
Medical and Recreational PZ PH Staff Report
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.
City of Apache Junction,Arizona Page 5 Printed on 313112021
City Council Meeting Agenda April 6,2021
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.
14. 21-127 Presentation, discussion and consideration of approval of proposed
Resolution No. 21-12 authorizing the submission of application(s)to
the Governor's Office of Highway Safety Federal Fiscal Year 2022
Grant Program.
Sponsors: Thomas Kelly
Attachments: Staff Memo
Resolution 21-12-2022 GOHS
AJPQ-FFY2022 DOHS Proposal-Ford F150
AJPQ-FFY2022 GOHS Proposa!-IJIJI OTwEvidenoe Storar�e
AJPQ-FFY2022 GOHS Proposal-TraCS
Grant Application
K. COUNCIL DIRECTION TO STAFF
This item allows the mayor and city council to direct staff on specifically listed matters.
L. SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES
15. 21-135 The next regularly scheduled meetings are Monday, April 19th with an
Executive Session at 6:00pm and Work Session at 7:00pm and
Tuesday, April 20th with an Executive Session at 6:00pm and Council
Meeting at 7:00pm at 300 E. Superstition Boulevard in Apache
Junction, AZ. Other meetings may be scheduled if necessary.
Sponsors: Jennifer Pena
M. CALL TO PUBLIC
At this time the public has the privilege to address the council with requests, communications, comments
or suggestions relating to city business.All speakers must have already submitted a written "Request to
Speak"form to the city clerk no later than the conclusion of the city manager's report portion of the
agenda. If there is a group speaking on the same item, they should select a spokesperson.All such
remarks shall be addressed to the council as a whole and not to any member thereof. The mayor is
authorized to ask a speaker to stop speaking and leave the podium or to adjourn the meeting if anyone
becomes disorderly, uncivil, makes personal attacks or continues to speak about items that are not
within the jurisdiction of the city after being warned such issues are beyond the jurisdiction of the city to
act. The council may not answer questions of the speaker, discuss the matter with one another, but may,
at the conclusion: 1)respond to criticism by a speaker;2)ask the city manager to review a matter,•3)
ask the city manager to place the matter on a future agenda. Each speaker must approach the podium,
speak into the microphone,provide their name and address. There is a three(3)minute time limit per
speaker.
City of Apache Junction,Arizona Page 6 Printed on 313112021
City Council Meeting Agenda April 6,2021
N. ADJOURNMENT
Copies of this agenda and additional information on any of the items listed above may be obtained from
the City Clerk's office located at 300 E Superstition Blvd,Apache Junction,AZ 85119, Monday through
Thursday from 7:00a-6:00p, excluding holidays.
The City of Apache Junction invites and welcomes people of all abilities to use our programs, sites and
facilities. Specific requests may be made by contacting the Human Resources Office at(480)474-2617
or TDD(480)983-0095.
The Apache Junction City Council may vote to go into Executive Session for legal advice on any item
listed on this agenda pursuant to A.R.S. §38-431.03(A)(3);this notice is given pursuant to A.R.S. §
38-431.02 to the members of the City Council and the public.
City of Apache Junction,Arizona Page 7 Printed on 313112021
City of Apache Junction, Arizona 300 E Superstition
Boulevard
Agenda Item Cover Sheet Apache Junction,AZ
85119
Agenda Item No. 1.
File ID: 21-131
Sponsor:Jennifer Pena Agenda Date:4/6/2021
Index: In Control: City Council Meeting
Consideration of acceptance of agenda.
City of Apache Junction,Arizona Page 1 Printed on 313112021
City of Apache Junction, Arizona 300 E Superstition
Boulevard
Agenda Item Cover Sheet Apache Junction,AZ
85119
Agenda Item No.2.
File ID: 21-132
Sponsor:Jennifer Pena Agenda Date:4/6/2021
Index: In Control: City Council Meeting
Consideration of approval of minutes of the regular meeting of March 16, 2021.
City of Apache Junction,Arizona Page 1 Printed on 313112021
City of Apache Junction, Arizona Meeting location:
City Council Chambers
Meeting Minutes at City Hall
300 E.Superstition Blvd
CityCouncil Meeting Apache Junction,AZ
g 85119
apachejunctionaz.gov
Ph:(480)982-8002
Tuesday,March 16,2021 7:00 PM City Council Chambers
A. CALL TO ORDER
Mayor Wilson called the city council meeting to order.
B. INVOCATION AND PLEDGE OF ALLEGIANCE
Vice Mayor Rizzi gave the invocation and then council said the Pledge of Allegiance.
C. ROLL CALL
Present: 7- Mayor Wilson
Vice Mayor Rizzi
Councilmember Evans
Councilmember Schroeder
Councilmember Biggs
Councilmember Nesser
Councilmember Gremmel
City Staff in Attendance:
Bryant Powell, City Manager
Matt Busby, Assistant City Manager
Joel Stern, City Attorney
Jennifer Pena, City Clerk
Al Bravo, Public Information Officer
Thomas Kelly, Chief of Police
Liz Riley, Human Resources Director
Mike Wever, Public Works Director
Raquel Schatz, Public Works Project Engineer
Emile Schmid, City Engineer
Jill Bright, Deputy City Clerk(remotely)
D. CONSENT AGENDA
Vice Mayor Rizzi moved,seconded by Councilmember Evans to accept the consent agenda as
presented.
Yes: 7- Mayor Wilson, Vice Mayor Rizzi, Councilmember Evans, Councilmember
Schroeder, Councilmember Biggs, Councilmember Nesser and Councilmember
Gremmel
No: 0
1. 21-103 Consideration of acceptance of agenda.
City of Apache Junction,Arizona Page 1
City Council Meeting Meeting Minutes March 16,2021
2. 21-104 Consideration of approval of minutes of the regular meeting of March 2, 2021.
3. 21-118 Consideration on proposed construction agreement with Lincoln Contractors,
Inc. for continuing infrastructure improvements to the Grand View
neighborhood in an amount of$147,976.00, allowing for a contingency of 10%
for a project amount not to exceed $162,773.00. This work is partially funded
by the city's Fiscal Year 2020 Community Development Block Grant Regional
Account allocation as requested by city council under Resolution No. 20-08.
E. AWARDS, PRESENTATIONS AND PROCLAMATIONS
F. ANNOUNCEMENT OF CURRENT EVENTS
4. 21-105 Announcement of current events from mayor and councilmembers.
Councilmember Biggs shared that Saturday was the Star Family Event. The next First Friday is
April 2nd and 3rd. A news clip was played highlighting all the areas in Apache Junction that you
can ride your horse to.
Councilmember Evans thanked Roadhaven Resort for hosting a vaccine event and it was well
attended.
Vice Mayor Rizzi shared that the Table of Grace Church is hosting a corn beef and cabbage
dinner this Friday at 5:00pm.
Mayor Wilson shared that this weekend Gypsy, the horse that was found in the community and
never claimed, will be silent auctioned off at the Rodeo Grounds. This Saturday is the Pinal
County Junior Livestock Auction at the Pinal County Fairgrounds.
G. CITY MANAGER'S REPORT
5. 21-106 City Manager's Report.
City Manager Bryant Powell reminded council that the annual Scrub& Grub is April 1 st which is
dedicated for city staff to clean and organize their offices. Pinal County Health Department is
working with Horizon Health &Wellness to allow them to administer the vaccine. Mr. Powell
shared that one of our police officers was shot during a call this afternoon and has been
hospitalized but his condition is not known at this time.
H. PUBLIC HEARINGS
I. OLD BUSINESS
6. 21-120 Discussion, presentation and consideration of Resolution No. 20-44 an
extinguishment of a Federally Patent Easement(FPE)on 18th Avenue from
Wagon Wheel Road to Goldfield Road for the purposes of allowing a
pre-existing structure to remain inside the FPE.
Councilmember Schroeder moved,seconded by Vice Mayor Rizzi that Resolution No.20-44 a
resolution of the mayor and the city council of the City of Apache Junction,Arizona,declaring
portions of federally patented easements located on 18th Avenue from Wagon Wheel Road to
Goldfield Road no longer necessary for public use as federally patented easements and are
City of Apache Junction,Arizona Page 2
City Council Meeting Meeting Minutes March 16,2021
hereby extinguished as present and future public rights-of-way be approved.
Yes: 5- Mayor Wilson, Vice Mayor Rizzi, Councilmember Schroeder, Councilmember
Biggs and Councilmember Nesser
No: 2- Councilmember Evans and Councilmember Gremmel
Public Works Project Engineer Raquel Schatz presented the history, process and location of
the request for an extinguishment of a Federally Patent Easement(FPE)as heard at the March
2nd city council meeting.
Vice Mayor Rizzi asked why Development services is not in support of the extinguishment. Ms.
Schatz replied that Development Services sees a need to use the land in the future and would
not want to have to buy the property back.
Councilmember Evans explained that this isn't a permanent structure and would not have
shown up on a title report. She doesn't believe that it is this council's job to correct a realtor
transaction that was not done correctly. She does not see any reason to give this land up.
Councilmember Gremmel shared that the city has been too quick to give up these FPE's in the
past and council needs to be more cautious of giving this up so we do not have to buy it back in
the future.
The applicant stated that he understands the situation but wonders why there cannot be a
compromise as the structure is not permanent and can easily be torn down if the city decides to
use the FPE in the future. The structure has been there for 30 years and is now all of a sudden
a problem.
Vice Mayor Rizzi asked if a compromise is made can it go in writing. City Attorney Joel Stern
replied that conditions can be included in the resolution.
Ms. Schatz stated that a reduction in the size of the extinguishment could also be done.
Public Works Director Mike Wever stated that he does not see this particular area becoming a
road in the future.
Councilmember Schroeder stated that council is over complicating this and the structure should
be able to stay and if the city needs to use the FPE in the future then the structure needs to
come down and to include this in the resolution for future enforcement.
J. NEW BUSINESS
7. 21-116 Presentation, discussion and consideration of Resolution No. 21-07;
accepting a petition, waiver, consent and the intention to form City of Apache
Junction Streetlight Improvement District No. 2021-01-Goldview.
Councilmember Evans moved,seconded by Councilmember Schroeder that Resolution No.21-07
accepting the petition,waiver consent and intent to form Streetlight Improvement District No.
2021-01-Goldview be approved.
Yes: 7- Mayor Wilson, Vice Mayor Rizzi, Councilmember Evans, Councilmember
Schroeder, Councilmember Biggs, Councilmember Nesser and Councilmember
Gremmel
City of Apache Junction,Arizona Page 3
City Council Meeting Meeting Minutes March 16,2021
No: 0
City Engineer Emile Schmid explained that a Streetlight Improvement District(SLID) is a means
whereby the expenses are paid by the levy and collection of taxes based on the number of
properties within the district. The Goldview subdivision was recently approved by the city and
construction has begun. There would be 42 street lights included in this SLID. Lennar Arizona,
Inc., the owner of the subdivision, submitted a Unanimous Petition for the SLID. This resolution
is only for the intent to form a streetlight district.An installation resolution and then a budget
resolution would be brought forward at a future council meeting.
8. 21-117 Presentation, discussion and consideration of Resolution No. 21-08;
accepting a petition, waiver, consent and the intention to form City of Apache
Junction Streetlight Improvement District No. 2021-02-Coyote Crossing.
Councilmember Biggs moved,seconded by Vice Mayor Rizzi that Resolution No.21-08 accepting
the petition,waiver consent and intent to form Streetlight Improvement District No.2021-02—
Coyote Crossing be approved.
Yes: 7- Mayor Wilson, Vice Mayor Rizzi, Councilmember Evans, Councilmember
Schroeder, Councilmember Biggs, Councilmember Nesser and Councilmember
Gremmel
No: 0
City Engineer Emile Schmid presented that a Streetlight Improvement District(SLID) is a
means whereby the expenses are paid by the levy and collection of taxes based on the number
of properties within the district. The Coyote Crossing subdivision is currently under design
review with the city. SIG-AZ LLC, the parent parcel of the subdivision, submitted a Unanimous
Petition for the SLID. This resolution is only for the intent to form a streetlight district. An
installation resolution and then a budget resolution would be brought forward at a future council
meeting.
9. 21-108 Presentation, discussion and consideration of Resolution No. 21-09 for
continuing participation in the Arizona Metropolitan Trust employee benefits
program.
Vice Mayor Rizzi moved,seconded by Councilmember Nesser that Resolution No.21-09 to
continue participating in the Arizona Metropolitan Trust employee benefits program be approved.
Yes: 7- Mayor Wilson, Vice Mayor Rizzi, Councilmember Evans, Councilmember
Schroeder, Councilmember Biggs, Councilmember Nesser and Councilmember
Gremmel
No: 0
Human Resources Director Liz Riley explained that Arizona Metropolitan Trust is the city's
employee benefits program and staff is requesting to extend its membership for another 3 years
to June 30, 2024.
K. COUNCIL DIRECTION TO STAFF
10. 21-124 Direction to staff regarding details for a council retreat.
Councilmember Evans moved,seconded by Councilmember Schroeder that direction be given to
staff to formalize the council retreat details noting council's preference to particular matters.
City of Apache Junction,Arizona Page 4
City Council Meeting Meeting Minutes March 16,2021
Yes: 7- Mayor Wilson, Vice Mayor Rizzi, Councilmember Evans, Councilmember
Schroeder, Councilmember Biggs, Councilmember Nesser and Councilmember
Gremmel
No: 0
City Manager Bryant Powell explained that this is the time for council to direct staff on details of
a future council retreat.
L. SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES
11. 21-17 The next regularly scheduled Work Session is Monday,April 5th and the next
regularly scheduled Council Meeting is Tuesday, April 6th, 2021.
Councilmember Biggs moved,seconded by Councilmember Evans that an Executive Session at
6:00 P.M.for Monday,April 5th and Tuesday April 6,2021 be held in the Executive Session
Conference room located at 300 E.Superstition Boulevard,Apache Junction.
Yes: 7- Mayor Wilson, Vice Mayor Rizzi, Councilmember Evans, Councilmember
Schroeder, Councilmember Biggs, Councilmember Nesser and Councilmember
Gremmel
No: 0
M. CALL TO PUBLIC
George Schroeder, 2444 W. Virginia Street in Apache Junction, stated that he is a happy
camper because Judge Hazel is leaving and only three more need to go now. He said it is the
city council's job to fight for his neighborhood. He has never seen a direction to staff to have the
city look at his street.
N. ADJOURNMENT
Mayor Wilson adjourned the city council meeting.
ACCEPTED THIS DAY OF 2021, BY THE MAYOR
AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA.
SIGNED AND ATTESTED TO THIS DAY OF 2021.
CHIP WILSON
Mayor
ATTEST:
JENNIFER PENA
City Clerk
City of Apache Junction,Arizona Page 5
City Council Meeting Meeting Minutes March 18.2V21
CITY COUNCIL MINUTES
CERTIFICATION
I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the
regular meeting of the City Council of the City of Apache Junction, Arizona, held on the
day of . 2021. | further certify that the meeting was duly
called and held and that a quorum was present.
Dated this day of . 2021.
JENN|FERPENA
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: 21-143
Sponsor: Shane Kiesow Agenda Date:4/6/2021
Index: In Control: City Council Meeting
Consideration of approval for an award of contract to Viasun Corporation for the lining of the
Delaware Drive drainage channel from approximately 23rd Avenue to Southern Avenue. The
work would be through the cooperative Pinal County Job Order Contract#175623 in the
amount of$599,302.31, plus a 10% contingency for unforeseen change orders in the amount of
$59,930.23, for a total project cost not to exceed $659,232.54. Work will result in the final
phasing of a concrete lining from the Palm Wash entry of the channel to Southern Avenue;
depending on final scheduling and weather conditions, work is planned for this coming May and
June of 2021. This project was presented and discussed as part of the FY21 Capital
Improvement and Street Maintenance Plan at the June 16, 2020 city council work session.
City of Apache Junction,Arizona Page 1 Printed on 313112021
Public Works Department
Home of the Superstition Mountains
Date: March 22, 2021
To: Mayor and Members of the City Council
Through: Bryant Powell, City Manager
Mike Wever, Public Works Director
From: Shane Kiesow, Public Works Manager
Subject: Consideration of Award, Project# PW2020-12B
City staff respectfully requests city council consideration of award of contract to Viasun
Corporation for project PW2020-12B for the installation of a concrete lining and related work
along the channel on the west side of Delaware Dr. from approximately 23rd Ave. to Southern
Ave. The work involves a cement lining to mitigate a history of significant erosion that has
threatened public and private facilities along this right-of-way corridor. Work will also facilitate
roadway drainage and better protect landscaping along the boulevard. The work is planned for
May and June of this year occurring during the day-time hours only with limited impacts to
vehicular traffic lanes.
This project was among the FY22 Capital Improvement Plan & Street Maintenance Plan
drainage projects presented and discussed with city staff at the June 16, 2020 city council work
session. This work is allocated in the current fiscal year HURF budget.
575 E. Baseline Avenue, Apache Junction, AZ 85219
• Voice(480) 982-1055 • FAX (480) 983-5752 or(480) 982-8005
CITY OF APACHE JUNCTION
MATERIALS & LABOR AGREEMENT
PROJECT NO.: PWC2020-12B
"Delaware drive Channel Lining Phase 2"
THIS AGREEMENT made and entered into by and between the CITY OF
PA HE .JUNCTION ("City"), an Arizona municipal corporation, and VIASUN, an
Arizona corporation, "Contractor"), sometimes collectively referred to as the
"Parties",or individually as a"Party".
RECITALS
A. Contractor asserts its willingness, ability and qualifications to provide
the completed products, goods and services (the "Work") called for in
the cooperative Pinal County Job Carder Contract #175623 and
Contractor's Estimate (attached hereto as Exhibit A) dated March 3,
2021 (the"Contract Documents")
B. City and Contractor desire to set forth herein their respective
responsibilities and the manner and terms upon which Contractor shall
complete the Work.
C. City has complied with the public bidding requirements under Arizona
Revised Statutes ("A.R.S.") Title 34, and Apache Junction City Code,
Vol. 1, Chapter 3, Administration, Article 3-7, Procurement Procedures,
or such Work is categorically exempt from such process.
AGREEMENT
NOW, THEREFORE, City retains Contractor to perform, and Contractor
agrees to render the Work in accordance with the terms and conditions set forth
as follows.
I; PROJECT DESCRIPTION: Contractor shall do and perform or cause
to be done and performed in a good workmanlike manner, the Work in
accordance with and as more fully described in the Contract Documents.
2. PAYMENTS & COMPLETION: The total amount payable by the City
to the Contractor is an amount not to exceed five hundred ninety-nine thousand
three hundred two dollars and thirty-one cents ($599,342.31) (the "Contract
Sum") for the performance of the Work under the Contract Documents. All
contracts will be operable for their full term at the rates quoted in the initial bid
proposal, unless otherwise extended in writing by the City. Once City finds the
Work acceptable under the Contract Documents, City shall promptly submit for
processing a certificate for payment stating that, to the best of its knowledge,
information and belief on the basis of its observation and inspection, the Work
has been completed in accordance with the terms and conditions of the Contract
Documents and that partial payment or the balance due the Contractor is
payable.
3. CONTRACT TERM•. Upon Notice to Proceed given by the City,
Contractor shall begin Work no sooner than April 19, 2021 and Shall complete It
no later than June 30, 2021. This provision does not limit the liability of
Contractor for actual damages sustained by City as a result of any breach of
contract or warranty by Contractor. Extensions may be approved at times as the
Parties mutually deem fits
4. LABOR AND MATERIALS: Unless otherwise provided in the Contract
Documents, Contractor shall provide, pay for and insure under the requisite
laws and regulations all labor, materials, equiprineat,tools and machinery,water,
heat, utilities, transportation, other facilities and services necessary for the
proper execution and completion on of the Work, whether temporary or permanent,
and whether or not incorporated or to be incorporated in the Work.
5. INSpECTtC}NS AI�IL7 +QVAUTY QF ,11V }RK: Contractor understands
�n a
and agrees that inspection of the Work performed hereunder will occur by City.
Contractor agrees that City will have the exclusive right to determine, in its sale
discretion, whether the Work has been performed in accordance with the
Contract Documents. Contractor further agrees to make such corrections to the
Work as may be directed by City to conform to said Contract Documents.
6. WARRANTY: Contractor shall guarantee the Work against defective
workmanship or materials for a period of one (1) year from the date of its final
acceptance under the contract, ordinary wear and tear and unusual abuse or
neglect excepted. Any omission on the part of City to condemn defective Work
or materials at the time of maintenance Work shall not be deemed an acceptance
and Contractor will be required to correct defective Work or materials at any
time Before acceptance. Within one (1)year from the date of acceptance due to
faults in workmanship or materials, Contractor shall begin retaking the necessary
repairs to the satisfaction of City within fourteen 14) calendar days of receipt of
written notice from City. Such Work shall include the repair or replacement of
other Work or materials damaged or affected by malting the above repairs or
corrective work all at no additional cost to City. In the case of Work materials or
equipment for which warranties are required by the special provisions of the
Contract Documents, Contractor shall provide or secure from the appropriate
subcontractor or supplier such warranties addressed to and in favor of City and
deliver same to City prior to final acceptance of the Work. Delivery of such
warranties shall not relieve Contractor from any obligation assumed under any
ether provision of the contract. The warranties and guarantees provided in this
subsection shall be in addition to and not in limitation of any tither warrantees,
2
guarantees or remedies required by law, and shall survive the expiration of this
Agreement for the time period mentioned above.
7. TAXES. Contractor shall pay all license, sales, transaction privilege,
consumer, use and other similar taxes for the Work or portions thereof provided
by Contractor which are legally enacted at the time bids are received whether or
not yet effective or subsequently applicable due to acts of jurisdictions or bodies
other than City.
8. PERMITS & FEES. Unless otherwise provided in the Contract
Documents, Contractor shall secure and pay for all permits, government fees,
licenses and inspections necessary for the proper execution and completion of
work which are customarily secured after execution of the contract and which
are legally required. Contractor shall give all notices and comply with all laws,
ordinances, rules, regulations and lawful orders of any public authority bearing
on the performance of the Work. City permits for this Work will be provided to
Contractor at no cost. Contractor represents and warrants that any license
necessary to perform the work under this Agreement is current and valid.
Contractor understands that the activity described herein constitutes "doing
business in the City of Apache Junction" and Contractor agrees"to obtain a
business license pursuant to Chapter 8 of the Apache Junction City Code, Vol. 1,
and keep such license current during the term of this Agreement and after
termination of this Agreement any time work is performed pursuant to the
warranty provisions set forth in Section 6. Contractor also acknowledges that
the tax provision of the Apache Junction Tax Grade, Chapter 8A, may also apply
and if so, shall obtain a transaction privilege license and/or other licenses as
may be required by the city code. Any activity by subcontractors within the
corporate city limits will invoke the same licensing regulations on any
subcontractors, and Contractor ensures its subcontractors will obtain any and
all applicable licenses. Further, Contractor agrees to pay all applicable privilege
and use taxes that are applicable to the activities, products and services
provided under this Agreement.
9. INDEPENDENT CONTRACTOR: Contractor shall at all times during
Contractor's performance of the services retain Contractor's status as an
independent contractor. Contractor's employees shall under no circumstances
be considered or held to be employees or agents of City, and City shall have no
obligation to pay or withhold state or federal taxes, or provide workers'
compensation or unemployment ;insurance for or on behalf of them or
Contractor. Contractor shall supervise and direct the delivery of the materials
using its best skill and attention. Except as provided in this Agreement,
Contractor shall be solely responsible for all construction means, methods,
techniques, sequences and procedures, and for coordinating all portions of the
Work required by the Contract Documents. Contractor shall be responsible to
City for the acts and omissions of its employees, subcontractors and their agents
and employees and other persons providing any of the Work.
3
10, SUPERINTENDENT., Contractor shall employ a competent project
superintendent who_ shall be in attendance at the project site during the
progress of the Work. The superintendent shall represent and be the community
agent of Contractor and communications given to the superintendent shall be a
binding as if given to Contractor. Important communications shall be confirmed
in writing. The designated superintendent shall be designated for each project
and communicated to City before the Work is performed.
11. PR DRESS SCHEDULE: Contractor shall, immediately after
entering into this Agreement, generate an estimated Work progress schedule,
which shall be maintained and updated during the project. Work may progress
during regular City business hours only if it is determined by City not to disturb
normal operations:
12, INDEMNIFICATION: To the fullest extent permitted by law,
Contractor shall defend, indemnify and hold harmless City, its elected and
appointed officers, officials, agents, and employees from and against any and all
liability including but not limited to demands, claims, actions, fees, costs and
expenses, including attorney and expert witness fees, arising from or connected
with, or alleged to have arisen from or connected with,relating to, arising out of,
or alleged to have resulted from the acts, errors, mistakes, omissions, the 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 this Agreement or any
subcontract. Contractor's duty to defend, hold harmless and indemnify City, any
special districts, elected and appointed officers, officials, agents, and
employees shall arise in connection with any tortious claim, damage, lass or
expense that is attributable to bodily injury, sickness, disease, death, or injury
for 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 ether person for whose
acts, errors, mistakes, omissions, work or services Contractor may be legally
liable.
13. SUBCONTRACTORS: All subcontractors chosen by Contractor will
be subject to City' approval. All subcontractors shall be identified by
Contractor prior to award of contract. Contractor shall make no substitutions
for any subcontractor, person or entity previously selected without the approval
Of City.
14. APPLICABLE LAW AND VENUE. The terms and conditions of this
Agreement shall be governed by and interpreted in accordance With the laws of
the State of Arizona. Any action at law or in equity brought by either Party for
the purpose of enforcing a right or rights provided for in this Agreement,shall be
4
tried in a court of competent jurisdiction in Pinal County, State of Arizona. The
Parties hereby waive all provisions of law providing for a change of venue in
such proceeding to any ether 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 coats including:
all litigation and appeal expenses, collection expenses, reasonable attorney
fees, necessary witness fees and court costs to be determined by the court in
such action.
15. INSURANCE: Contractor, at its own expense, shall purchase and
maintain the herein stipulated minimum insurance with companies duly licensed,
possessing a current A.M. Best, Inc. Rating of B++6, or approved unlicensed in
the State of Arizona with policies and forms satisfactory to City.
All insurance required herein shall be maintained in full force and effect until all
Work required to be performed under the terms of the Agreement is
satisfactorily completed and formally accepted; failure to do so may, at the sole
discretion of City, constitute a material breach of this Agreement.
Contractor's insurance shall be primary insurance as respects the City, and any
insurance or self-insurance maintained by City shall not contribute to it.
Any failure to comply with the claim reporting provisions of the insurance
policies or any breach of an insurance policy warranty shall not affect coverage
afforded under the insurance policies to protect City.
The insurance policies,exceptWorkers' Compensation, shall contain a waiver of
transfer rights of'recovery (subrogation) against City, its agents, officers,
officials and employees for any claims arising out of Contractor's acts, errors,
mistakes, omissions, Work or service.
The insurance policies may provide coverage which contains deductibles or self-
insured retentions. Such deductible and/or self-insured retentions shall not be
applicable with respect to the coverage provided to City under such policies.
Contractor shall be solely responsible for the deductible and/or self retention
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 City' right
to insist can strict fulfillment of Contractor's obligations under this Agreement.
5
The insurance policies, except Workers' Compensation and Professional
Liability, required by this Agreement, shall name City, its agents, officers,
officials and employees as Additional Insureds.
RE 111REC1i COVERAGE
Commercial General Liabili v
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
t least as broad as that on Insurance Service Office, Inc. Policy Perm No. CG
00011093, or the equivalent thereof.
Such policy shall contain a s+everability 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 a,
CG 20101185, or the equivalent thereof, and shall include coverage for
Contractor's operations and products and completed operations.
If required by this Agreement, if Contractor sublets any part of the Work,
Contractor shall purchase and maintain, at all times during prosecution of the
Work, under this Agreement, an Owner and Contractor's Protective Liability
insurance policy for bodily injury and property damage, including dearth,which
may arise in the prosecution of Contractor's Work, under this Agreement.
Coverage shall be on an occurrence basis with a limit not less than $1,000,000
per occurrence, and the policy shall be Issued by the same insurance company
that issues Contractor's Commercial General Liability insurance.
Automobile Liability
Contractor shall maintain Commercial/Business Automobile Liability insurance
with a combined single limit for bodily injury and property damage of not less
than $1,000,000 each occurrence with respect to Contractor's owned, hired,
and non-owned vehicles assigned to or used in performance of Contractor's
Work. Coverage will be at least as broad as coverage code 1 "any auto",
(Insurance Service Office, Inc. Policy Form CA 00011293, or the equivalent
thereof). Such insurance shall include coverage for loading and off loading
hazards. If hazardous substances, materials or wastes are to be transported,
MCS 90 endorsement shall be included and $5,000,000 per accident limits for
bodily injury and property damage shall apply.
Workers' Compensation
Contractor shall carry Workers' Compensation insurance to cover obligations
imposed by federal and state statutes having jurisdiction of Contractor's
employees engaged in the performance of the Work; and, Employer's Liability
insurance of not less than $100,000 for each accident, $100,000 disease for
each employee, and $500,000 disease policy limits
By execution of this Agreement, Contractor certifies as follows:
"I am aware and understand the provisions of A.R.S. § 23-900 et seq.
which requires every employer to be insured against liability forworkers'
compensation or to undertake self-insurance in accordance with the
provisions of this chapter, and I will comply with such provisions before
commencing the performance of the Work of this Agreement."
If Contractor has no employees for whom workers' compensation insurance is
required, Contractor shall submit a declaration or affidavit to City so stating and
covenanting to obtain such insurance if and when Contractor employs any
employees subject to coverage.
In case any work is subcontracted, Contractor will require subcontractors to
provide Workers' Compensation and Employer's Liability insurance to at least
the same extent as required of Contractor.
Certificates of Insurance
Prior to commencing Work or services under this Agreement, Contractor shall
furnish City with Certificates of Insurance, or formal endorsements as required
by the Agreement, issued by Contractor's insurers), as evidence that policies
providing the required -coverages, conditions and limits required by this
Agreement are in full force and effect. The form of the certificates of insurance
and endorsements small be subject to the approval of the Apache Junction City
Attorney's Office, shall comply with the terms of this Agreement, and shall be
issued and delivered to City attorney, City of Apache .Junction, 300 East
Superstition Boulevard,Apache Junction ADZ, 85119.
In the event any insurance policies required by this Agreement are written on a
"claims made" basis, coverage shall extend for two (2) years past completion
and acceptance of Contractor's Work and as evidenced by annual Certificates of
Insurance.
If a policy does expire during the life of the Agreement, a renewal certificate
must be sent to City thirty (30)calendar days prier to the expiration date.
All Certificates of insurance"shall be identified with bid serial number and title.
Policies or certificates and completed farms of City's Additional Insures!
Endorsement(or a substantially equivalent insurance company form acceptable
to the City Attorney) evidencing the coverage required by this section shall be
filed with the City and shall include the City as an additional insured. The policy
or policies shall be in the usual form of a public liability insurance, but shall also
include the following provision:
"Solely as respects work done by or on behalf of the named insured
for the City of Apache Junction, it is agreed that the City of Apache
Junction and its officers and employees are added as additional
insureds under this policy."
Insurance required herein shall not expire, be canceled, or materially changed
without thirty (30)calendar days' prior written notice to City.
16. CHANGE ORDERS: A change order is a written order to Contractor,
approved by the City representative, issued after execution of this maintenance
agreement authorizing a change in the Work or an adjustment- in the
maintenance agreement sum or the maintenance agreement time. A change
order signed by Contractor indicates their agreement-therewith. City may,
without invalidating this maintenance agreement, order changes in the Work
within the general scope of the maintenance agreement consisting of additions,
deletions or ether revisions, the maintenance agreement scum and the
maintenance agreement being adjusted accordingly. -All such changes in the
Work shall be authorized by change order and shall be performed under the
applicable conditions of this maintenance agreement. The City representative
shall have "authority to order minor changes in the Work not involving an
adjustment in the maintenance agreement sum or extension of maintenance
agreement time and not inconsistent with the intent of this maintenance
agreement. All such changes shall be effected by written order and shall be
binding upon City and Contractor. All change order disagreements of the
Contractor shall be submitted in writing to the City Manager within five (5)
calendar plays after the difference of opinion or grievance occurs. Within five (5)
calendar days of receiving a written grievance, the City Manager shall respond
in writing to the Contractor and city staff representative. The City Manager'
decision shall be final and binding,
17, SUCCESSORS,,ASSIGNMENT & DELEGATION,. City and Contractor
each bind themselves, their partners, successors, assigns and legal
representatives to the other Marty 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
8
to the contract shall assign the contract or sublet it as a whole or delegates the
duties thereunder,without the written consent of the ether, nor shall Contractor
assign any monies due or to become due to it without the previous written
consent of City.
18. WRITTEN NOTICE: Written notice shall be deemed to have been
duly served if delivered in person to the individual or member of the firm or
entity, or to an office of the corporation for whom it was intended or if delivered
at or sent registered or certified mail, return receipt requested, and first class
postage prepaid to the last business address known to them who gives the
'notice.
19. CLAIMS FOR DAMAGES: Should either Party to this: contract suffer
injury or damage to personal property because of any act or omission of the
other Party or of their employees or agents for whose acts they are legally liable,
claims shall be made in writing to such other parties within a reasonable time
after the first observance of such injury or damages.
20. PAYMENT & PERFORMANCE B41'!M: 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. When required,
standard bond forms must be completed by Contractor, and Contractor agrees
to conform to all provisions set forth in such farms.
21. SAFETY: Contractor and/or its subcontractors shall be solely
responsible for job safety at all times.
22. RIGHTS & REMEDIES. The duties and obligations imposed by the
Contract Documents and the rights and remedies available hereunder shall be in
addition to and not a limitation of any duties, obligations, rights and remedies
otherwise imposed or available by law. No action or failure to act by City or
Contractor shall constitute a waiver of any right or duty afforded any of them
under the contract, nor shall any action or failure to act constitute an approval of
or an acquiescence to any breaches hereunder except as may be specifically
agreed to in writing:
. FORCE MAJEURE. Neither City nor Contractor, as the case may be,
shall be considered not to have performed its obligations under this Agreement
in the event of enforced delay (an "Enforced Delay") clue to causes beyond its
control and without its fault or negligence or failure to comply with applicable
laws, including, but not restricted to, ;acts of God, fires, floods, epidemics,
pandemics, quarantine, restrictions, embargoes, labor disputes, and unusually
severe weather or the delays of subcontractors or materialmen 'due to such
causes, acts of a public enemy, war, terrorism or act of terror(including but not
limited to bio-terrorism or eco-terrorism), nuclear radiation, blockade,
insurrection, riot, labor strike or interruption, extortion, sabotage, or similar
9
a a �
+ # is i. • +!.' ! # # ' !.
! ' i ' - • • s • • • • it # • • #
execute future amendments or extensions of this Agreement
7. 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 orals 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 passible, by construing the provisions as
mutually complementary and supplementary.
8. SEVERABILITY. City and Contractor each believe that the execution,
delivery and performance of this Agreement are in compliance with all
applicable laws. However, in the unlikely"event that any provision of this
Agreement is declared void or unenforceable (gar is construed as requiring) City
to do any act in violation of any applicable laws,- including any constitutional
provision, law, regulation, or city code), such provision shall be deemed severed
from this Agreement and this Agreement shall otherwise remain in full farce and
effect, provided that this Agreement shall retroactively be deemed reformed to
the extent reasonably passible 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 benefit (economic and otherwise) to the Parties as if such
severance and reformation were not required. Unless prohibited by applicable
laws,the Parties further shall perform all acts and execute, acknowledge and/or
deliver all amendments, instruments and consents necessary to accomplish and
to give effect to the purposes of this Agreement, as reformed,
29. TIME IS OF THE ESSENCE: Time is of the essence with respect to all
provisions in this Agreement. Any delay in performance by either Party shall
constitute a material breach of this Agreement.
30. CONFLICT OF INTEREST: This Agreement is subject to, and may be
terminated by City in accordance with,the provisions of A.R.S. § 38-511.
31. PRC]HIBIiTION TO CONTRACT WITH CONTRACT R WHO ENGAGE
IN Bt�YC4TT F THE STATE OF ISRA►EL• The Parties acknowledge A.R.S. t§§35-
393 through 35-393.03, as amended, which forbids public entities from
contracting with Contractors who engage in boycotts of the State of Israel.
Should Contractor under this Agreement engage in any such boycott against the
State of Israel, this Agreement shall be +deemed automatically terminated by
operation of law. Any such boycott is a material breach of contracts
32. COMPLIANCE WITH FEDERAL ANd STATE LAws Contractor
understands and acknowledges the applicability of the American with
11
Disabilities Act, the Immigration Reform and Control Act of 1986 and the Drug
Free Workplace Act of 1989 to the services performed under this Agreement.
As required by I.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- '14(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 andA.R.S. § 23-
214(A), and subcontractors shall further warrant that after hiring an employee,
such subcontractor verified the employment eligibility of the employee through
the E-Verify program. A breach of this warranty shall be deemed a material
breach of the Agreement that is subject to penalties up to and including
termination of this Agreement. Contractor is subject to a penalty of 100 per clay
for the first violation, 00 per day for the second violation, and $1,000 perF day
for the third violation. City at its option may terminate this Agreement after the
third violation. Contractor shall not be deemed in material breach of this
Agreement if the Contractor and/or subcontractors establish compliance with
the employment verification provisions of Sections 274A and 274B of the federal
Immigration and Nationality Act and the E=Verify requirements contained in
A.R.S. § 2 -214(A). City retains the legal right to inspect the papers of any
Contractor or subcontractor employee who works under this Agreement to
ensure that the Contractor or subcontractor is complying with the warranty. Any
inspection will be conducted after reasonable notice and at reasonable times. if
state law is amended, the Parties may modify this paragraph consistent with
state law.
12
IN WITNESS WHEREOF the Parties hereto have caused this Agreement to
be signed by their duly authorized representative as of this day of
2021.
CONTRACTOR:
VIASUN, an Arizo a
corporation
By:
PITY:
CITY OF APACHE JUNCTION, ARIZONA,
an Arizona municipal corporation
By: ................
Its: Mayor .......
ATTEST:
——---------------
Jennifer Pena
City Clerk
APPROVED AS TO FORM:
Richard J. Stern
City Attorney
13
STATE F
ss.
County of® _tAa#-,r,*A%x }
The foregoing was subscri s 'efore me this
day of Mqrr ; 2021 by as
of Viasun, an r ona corporation.
=TACOSTA
agY No ary
Notary ublimy Comm.
y Commission Expire 4°
s Jar,3-20215
STATE OF ARIZONA �
) ss,
COUNTY OF PINAL } -
The foregoing was subscribed and sworn to before me this
day of_W t 0 ,by Walter"Chip„Wilson,as Mayor of the City of
Apache Junction, Arizona,an Arizona municipal corporation:
Notary Public
My Commission Expires.
4
Exhibit A
PROJECT PROPOSAL - 210010 - Apache Junction
Deleware Channelion
VIASUN CORPORATION
3621 E.Superior Avenue
Phoenix,Arizona 85040
Contact: Mattcampbell
Phone. 602-368-8628
Etaxit mattriarncotg.co
Comxraax- City ofApacheJunction PloljctNamt Apache Junction Channel Erosion Repair
Cori ctt Share Kiesow ProiectAddress
Add= 575 E,B airline Avenue,Apache JunctioA AZ ZW=AWL March 3,202 i
Mal& 480.474-8516 Pinsl Couaity JQC Co-Op#175623
Email. skaesow@4citynet Ai POC 2783611297383
Cartificeti me
ITEM DESCRIPTION 2UANTITY UNIT UNIT PRICE AMOUNT
10 Mobilization 1,00 LS 7,000.00 7,000,00
20 Clear&Grub Exas Charnel 3,349.t10 SY 4.55 13,23795
30 Earthwork to Re-constructExisE I-Annrl 3,349.00 SY 46.11 154,422.39
40 MocfifyExistingScupper 1,00 EA 7,025.00 7,025.60
50 FIM Concrete Channel Lining 3,34940 SY 98,03 328,369A5
60 Traf cCo rrol 21..00 AYS 1,916,32 41,242.72
70 Owner C22!"MnEX I.00 LS 20,000.00 21,000,00
80 Retaining;Nall 2,H x I' x 110 L 110.00 LF 8400 9,240 00
90 Install Rap Rap(Matarial Provided byOwner) 190.00 TN 36.92 7,014,80
100 Survey 1.00 L,S 1,75000 1,750.00
110 Qualit Control Teding 1,00 L.,S 3,000,00 3,000.00
120 PaymerkandPerformanceBond 1.0Q L.S 6,000.00 6,000Do
GRAND TOTAL 5599,30251
�'►TEs
All schedtting contingent upon mutual agreamentofOwner andViaSunCotporation,
ViaSunwitl regtrrethisproposal with exdusionsbeincludedin eemert.
In the event that quantities differ from above,billing will reflect agreed upon meanred quartcties.
Paymert Terms NeQO Daysfrom submitted invixce.
Pin lC oadyJOCCo6Op#175623,
All Pricing Per PinalJOCCo-OpCortract Civil Cor xuetionServices.
EXCLUSIONS.
Water,Plans,En r eringStakingAs-Budts,Inspection;Landscape Are&4 Weed Killer,Crack Rotting,,Crack.Sealing
Asphalt Patchrig ABC,VegdationReplaceme4 Utility oval or Relocation,Striping Silsagc,Sub grade Stabiliz&tior4
Removal of DebrisG antrated by Other Trades,ErosionCodrol,Pr4ectlnformation,Sigi and AnySpecialInsurance
Requrem -
G taSun#snot responsible for notification nor removal of vehicles andpropertyhom work areas,Quotedprices valid for
days unless otherwise rated.
prices above based on completingeach task in one mobilmotiom If an additional mobilizationis required,rharges may apply,
Page I of S
5
AC40RDr CERTFICATE OF LIABILITY INSURANCE
t DATE( D )
j /212212020
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the pollcy(les)must have ADDITIONAL INSURED provisions or a endol ed.
If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement A statement on
this certificate does not confer rights to the certificate holder In lieu of such endoremt(s)>
PRODUCER CONTACT
NAME; Melissa u h
Lovitt&Touch Touch6 A Marsh and McLennan Agency, LLC PHONE 0 -7y8-�tI C No*
1 50 W Washington Street,Suite 233 E- No.Exth
IL
Tempe AZ 85281 ADDRESS- mmurphy@lo ut-touche.com
INSURE S AFFORDING COVERAGE NAIC#
iNsuRkR :Novi ators ecialt Insurance Company
INSURED VIASCOR-Cl INSURER e:Zurich American Insurance Coin an 16536
2 1 E, ueritDr Corporation
3 INSURER C:Great American Insurance o a 16691
Phoenix AZ 85040 INSURERD:
INSURER E'
INSURER F
COVERAGES CERTIFICATE NUMBER:20975561 8 REVISION NUMBER-
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED, NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES,LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS,
INSR ADDL BR POLICY EFF POLICY EXP
LTR TYPE OF INSURANCE POLICY NUMBER M DNYYY JMM2pNYYYLIMITS
8 X COMMEROALGENERAL LIABILITY Y Y GLO791313401 111/2021 11112022 EACH OCCURRENCE S1,000,000
CLAIMS-MADE 11�1 OCCUR REMI
PSES ence 5100,000
ED EXP(Any one person) $10,000
PERSONAL SADVINJURY $1,000,000
GEN'L AGGREGATE LIMIT APPLIES PER- e.W 2ENERALAGGREGATE S2,000,000
POLICY E P EI ]LOC PRODUCTS-COMPIOP AGG $2,000,000
OTHER: S
8 AUTOMOBILE.LIABILITY Y Y BAP791313501 1/112021 111t 022 COMBINEDSINGLELIMIT $I,000,000
Ea accident
A I ANY AUTO BODILY INJURY(Per person)
OVVN50 SCHEDULED BODILY INJURY(Per acadent) S �.
AUTOSONLY AUTOS
X HIRED NON-OVWMMNED :. PROPERTY DAMAGE $
AUTOS ONLY AUTO ONLY fPer cidmnt) _
$
C X UMBRELLA LIAR X I OCCUR Y Y TUE191834804 11112021 111/2022 EACH OCOURRENCE $15,000,000
EXCESS LIAR CLAIMS-MADE AGGREGATE $15,000,000
DES } F2E1 ELATION s $
B WORKER3COMPEN3ATt[3N Y V1G?11313301 11112021 i1112i322 X ST4TtlTE PTH.
AND EMPLOYERS`LIABILITY Y 6 N
ANYPROPP,IETORIPARTHERJEXECUTIVE AY M NIA
E L.EACH ACCIDENT $1,0€70,000
E:FFICERIM SER EXCLUDED? _.
(Mandatory In NH) Ft DISEASE-EA EMPLOYEE $1,000,000
If yn,describe Under
DE CRIPTIONOF OPERATIONS below E>L,DISEASE-PCh CY LIMIT S 1,000,000
A Pollution Liability Y Y MPIOE P3097981C 413012019 4/3012021 Umil Each Incident 1,000,000
AOgrepate Limit 2,000,000
Deductible 5,000
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(A CORD 401,Additional Remarks Schedule,may are attached If more apace is required)
Certificate holder and others as per written contract are additional insured on a primary and non-contributory basis by the General Liability,Auto
Liability,Pollution Liability,and Excess Liability polkies,Waiver of Subrogration is provided in favor of Certificate holder and others as per written contract for
General Liability,Auto Liabillty,Workers Compensation,:and Excess Liability.30 day Notice of Cance afon is provided if required by written contract for General
Liability,Auto Liability,and Workers Compensation..
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED I
ACCORDANCE TH THE POLICY PROVISIONS.
Apache Junction
575 E. Baseline Ave. AUTHORIZFDRFPRESENTATIVE
Apache Junction AZ$5119
CDIR -2(?1 ACORD CORPORATION. All rights reserved.
A ORLD 2 (2016103) The ACCORD name and logo are registered marks of AC RD
City of Apache Junction, Arizona 300 E Superstition
Boulevard
Agenda Item Cover Sheet Apache Junction,AZ
85119
Agenda Item No.4.
File ID: 21-162
Sponsor: Matt Busby Agenda Date:4/6/2021
Index: In Control: City Council Meeting
Consideration of approval of Resolution No. 21-11, a Resolution of the Mayor and City Council
of the City of Apache Junction, Arizona, designating Leslie DeReche as Chief Fiscal Officer for
officially submitting and certifying the accuracy of the fiscal year 2021 expenditure limitation
report to the Arizona Auditor General.
City of Apache Junction,Arizona Page 1 Printed on 313112021
RESOLUTION NO. 21-11
A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF
APACHE JUNCTION, ARIZONA, DESIGNATING THE CHIEF FISCAL
OFFICER FOR OFFICIALLY SUBMITTING AND CERTIFYING THE
ACCURACY OF THE FISCAL YEAR 2021 EXPENDITURE LIMITATION
REPORT TO THE ARIZONA AUDITOR GENERAL.
WHEREAS, A.R.S. § 41-1279. 07 (E) requires political
subdivisions on an annual basis to provide to the auditor
general by July 31 the name of the chief fiscal officer
designated to officially submit and who shall certify the
accuracy of the current fiscal year' s annual expenditure
limitation report ("AELR") ; and
WHEREAS, the City of Apache Junction' s mayor and council
desires to designate Finance Director Leslie DeReche as its
chief fiscal officer; and
WHEREAS, political subdivisions are required to submit an
updated form and documentation for any changes in the formal
designation.
NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF APACHE JUNCTION AS FOLLOWS:
SECTION 1. The recitals above are incorporated as if fully set
forth herein.
SECTION 2 . Finance Director Leslie DeReche is designated as the
chief fiscal officer for purposes of submitting and certifying
the city' s fiscal year 2021 AELR to the Arizona Auditor
General' s Office.
PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
APACHE JUNCTION, ARIZONA, THIS DAY OF 2021.
SIGNED AND ATTESTED TO THIS DAY OF 2021 .
RESOLUTION NO. 21-11
PAGE 1 OF 2
Walter "Chip" Wilson
Mayor
ATTEST:
JENNIFER PENA
City Clerk
APPROVED AS TO FORM:
3.29
RICHARD J. STERN
City Attorney
RESOLUTION NO. 21-11
PAGE 2 OF 2
City of Apache Junction, Arizona 300 E Superstition
Boulevard
Agenda Item Cover Sheet Apache Junction,AZ
85119
Agenda Item No. 5.
File ID: 21-138
Sponsor: Larry Kirch Agenda Date:4/6/2021
Index: In Control: City Council Meeting
Presentation of proclamation recognizing April 2021 as Fair Housing Month.
City of Apache Junction,Arizona Page 1 Printed on 313112021
City ofApache Junction
W
Development Services Department
ATE: April 6, 2021
TO: The Honorable Mayor and City Council
THROUGH: Bryant Powell, City Manager
Larry Kirch, Development Services Director
FROM: Misty Moseley-Helber, Grants & Community Development Administrator
SUBJECT: Proclamation designating the month of April as "Fair Housing Month"
REQUEST
Staff respectfully requests the city council proclaim April 2021 as Fair Housing Month.
This proclamation will fulfill one of the city's requirements as a recipient of grant funds from the
Arizona Department of Housing.
BACKGROUND
Affirmatively Furthering Fair Housing was first included in the Fair Housing Act of 1964,
which, in Title VI,prohibited discrimination in housing on the basis of race, color, and national
origin.
This Act also required that the United States Department of Housing and Urban Development
("HUD") administer its programs, including the Community Development Block Grant
("CDBG")program, in a manner that affirmatively promotes fair housing.
Title VIII of the Civil Rights Act of 1968 covered housing discrimination on the basis of race,
color, religion, sex, or national origin. Title VIII was amended in 1988 by the Fair Housing Act
which added two categories of protected persons from housing discrimination: 1) families with
children (anyone under 18); and 2) individuals with disabilities.
The Housing and Community Development Act of 1974, as amended, in Section 104,
specifically states that communities shall affirmatively further fair housing. HUD regulations
require that the state CDBG program affirmatively further fair housing. This Act requires each
community to certify that it will affirmatively further fair housing.
When a community is involved in the provision of housing or housing services, whether funded
through CDBG or with other public funds, it must ensure that such programs are designed and
implemented in a non-discriminatory way.
Planning& honing—Building&Sgfety—Revenue Development
300 E.Superstition Boulevard - Apache Junction,AZ 85119 * Ph: (480)474-5083 o Fax(480)982-7010
DISCUSSION
The Arizona Department of Housing ("ADOH"), the regulatory agency, has indicated each
community must complete the minimum requirements to further fair housing. These minimum.
requirements include:
1) Adopt a fair housing proclamation or resolution;
2) Display a fair housing poster in at least one public area of the community's
administration building/office year round; and
3) Undertake at least one additional action specifically designed to further fair housing
and/or educate the public about fair housing laws.
Currently, the city displays an English and Spanish fair housing poster in the lobby of the
development services department; the state fair housing brochure is made available in the
development services department lobby; information is posted on the city's website; and a press
release is sent out.
If a declaration of Fair Housing Month is not adopted, the city will be in violation of the laws as
identified above and the regulations set forth by HUD and ADOH, thus jeopardizing future
funding through CDBG.
RECOMMENDATION
Staff respectfully recommends the city council declare April 2021 as Fair Housing Month.
ATTACHMENTS
Attachment 1: 2021 Fair Housing Proclamation
Planning&Zoning—Building&,�ajety—Revenue Develoyoment
300 E. Superstition Boulevard a Apache Junction,AZ 85119 o Ph: (480)474-5083 o Fax(480)982-7010
prortamatton
FAIR HOUSING MONTH
APRIL 2021
WHEREAS, the National Fair Housing Law of 1986, as amended by the Fair
Housing Amendments Act of 1988, prohibits discrimination in
housing and declares it a national policy to provide within
constitutional limits for fair housing in the United States; and
WHEREAS, the principle of Fair Housing is not only national law and
national policy but a fundamental human concept and
entitlement for all Americans; and
WHEREAS, cities and towns in Arizona also provide services and programs
that enhance the quality of life for residents such as parks,
infrastructure, libraries, community centers, and recreational
programs; and
WHEREAS, April has traditionally been designated as Fair Housing Month
in the United States;
NOW, THEREFORE, I, Walter "Chip" Wilson, Mayor of the City of Apache
Junction, Arizona, do hereby proclaim April as
FAIR HOUSING MONTH
in Apache Junction and do hereby urge all citizens of this community to
comply with the letter and spirit of the Fair Housing Law.
Signed and attested this day of April, 2021.
WALTER "CHIP" WILSON
Mayor ATTEST:
JENNIFER PENA
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: 21-133
Sponsor: Chip Wilson Agenda Date:4/6/2021
Index: In Control: City Council Meeting
Announcement of current events from mayor and councilmembers.
City of Apache Junction,Arizona Page 1 Printed on 313112021
City of Apache Junction, Arizona 300 E Superstition
Boulevard
Agenda Item Cover Sheet Apache Junction,AZ
85119
Agenda Item No.7.
File ID: 21-134
Sponsor: Bryant Powell Agenda Date:4/6/2021
Index: In Control: City Council Meeting
City Manager's Report.
City of Apache Junction,Arizona Page 1 Printed on 313112021
City of Apache Junction, Arizona 300 E Superstition
Boulevard
Agenda Item Cover Sheet Apache Junction,AZ
85119
Agenda Item No.8.
File ID: 21-146
Sponsor: Larry Kirch Agenda Date:4/6/2021
Index: In Control: City Council Meeting
Presentation, discussion, public hearing and consideration of proposed Resolution No. 21-14,
declaring as a public record that certain document filed with the City Clerk entitled "2021
Amendments to the Apache Junction City Code, Volume II, Land Development Code, Chapter
2: Subdivision and Minor Land Division Regulations"; repealing any conflicting provisions; and
providing for severability.
City of Apache Junction,Arizona Page 1 Printed on 313112021
RESOLUTION NO. 21-14
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
ENTITLED "2021 AMENDMENTS TO THE APACHE JUNCTION CITY CODE,
VOLUME II, LAND DEVELOPMENT CODE, CHAPTER 2: SUBDIVISION AND
MINOR LAND DIVISION REGULATIONS"; REPEALING ANY CONFLICTING
PROVISIONS; AND PROVIDING FOR SEVERABILITY.
WHEREAS, A.R. S . § 9-802 permits municipalities to enact the
provisions of a code of public record theretofore in existence
without setting forth such provisions in full text as long as
the adopting ordinance is published in full text and at least
three paper copies, or one paper copy and one electronic copy of
the code or public record, are filed and made available for
public inspection in the office of the city clerk and the
electronic copy is accessible on the city' s website and is made
available for public inspection; and
WHEREAS, pursuant to A.R. S . §§ 9-801 (1) and 9-802, such
codes include subdivision development codes; and
WHEREAS, 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 :
SECTION I : DECLARATION OF PUBLIC RECORD
That certain document entitled "2021 AMENDMENTS TO THE APACHE
JUNCTION CITY CODE, VOLUME II, LAND DEVELOPMENT CODE, CHAPTER 2 :
SUBDIVISION AND MINOR LAND DIVISION REGULATIONS", at least three paper
copies, or one paper copy and one electronic copy of which are
filed and made available for public inspection in the office of
the city clerk of the City of Apache Junction, Arizona, is
hereby declared to be a public record, shall be made available
for public use and inspection; and said copies are ordered to
remain on file with the city clerk.
RESOLUTION NO. 21-14
PAGE 1 OF 2
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 by reference 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 by
reference is for any reason held to be invalid or unconstitutional by the
decision of any court of competent jurisdiction, such decision shall not
affect the validity of the remaining portions thereof.
PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
APACHE JUNCTION, ARIZONA, THIS DAY OF r 2021 .
SIGNED AND ATTESTED TO THIS DAY OF 2021 .
WALTER "CHIP" WILSON
Mayor
ATTEST:
JENNIFER PENA
City Clerk
APPROVED AS TO FORM:
RICHARD JOEL STERN
City Attorney
RESOLUTION NO. 21-14
PAGE 2 OF 2
City of Apache Junction, Arizona 300 E Superstition
Boulevard
Agenda Item Cover Sheet Apache Junction,AZ
85119
Agenda Item No.9.
File ID: 21-145
Sponsor: Larry Kirch and Sidney Urias Agenda Date:4/6/2021
Index: In Control: City Council Meeting
Presentation, discussion, public hearing and consideration of proposed Ordinance No. 1503,
amending Apache Junction City Code, Volume ll, Land Development Code, Chapter 2:
Subdivision And Minor Land Division Regulations, by repealing and replacing in its entirety; and
by adopting by reference that certain document entitled "2021 Amendments to the Apache
Junction City Code, Volume II, Land Development Code, Chapter 2: Subdivision And Minor
Land Division Regulations", repealing any conflicting ordinances; providing for severability; and
proving for penalties.
City of Apache Junction,Arizona Page 1 Printed on 313112021
City ofApache Junction
..
Development Services Department
Date : March 24, 2021
To: Honorable Mayor and City Council Members
Through: Bryant Powell, City Manager
Larry Kirch, Development Services Director
Rudy Esquivias, Planning Manager/Zoning Administrator
From: Sidney Urias, Principal Planner
Subject: April 6, 2021, City Council Public Hearing Item:
AM-2-20 (Ordinance No. 1503) Presentation, discussion
and consideration on proposed Text Amendment to the
Apache Junction City Code, Volume II, Land Development
Code, Chapter 2 : Subdivision and Minor Land Division
Regulations, Article 2-1 : Enactment of Scope of
Regulations, Administration, Construction and Terms,
Article 2-2 : Platting Procedures and Requirements,
Article 2-3 : Subdivision Design Principles and
Standards, Article 2-5 : Administrative Subdivisions;
Land Splits/Minor Land Division, Lot Line Adjustments,
and Lot Combinations and Appendix: Preliminary and
Final Plat Conditions .
Background
Planning and Zoning Commission Recommendation
A Planning and Zoning Commission public hearing was held on March
23, 2021 (planning staff report and exhibits attached) . The
Commission unanimously recommended approval of the text amendment
in a vote of 7-0 . The attached ordinance represents staff' s and
the Commission' s recommendation.
Attachments:
- Draft Ordinance No. 1503
- PZ Staff Report from March 23, 2021, with Subdivision Regulations attachment.
Subdivision and Minor Land Division
Regulations
Text Amendments
City of Apache Junction
City Council
April 6,, 2021
� •
MPC Proposed Changes
• Planning efforts include detailed plans for 2,800/8, 100 acres ( roads,
water, sewer, stormwater, subdivision designs, amenities,
architecture, public facilities)
• 1,500 single-family permits a year
• Developers are seeking to streamline approval process due to the
amount of upfront planning, coordination and control mechanisms
outlined in the planning documents ( PADA, MPC, DUP's)
MPC Proposed Changes
• Proposed Staff administrative approval process for Preliminary Plats.
Preliminary plats will be reviewed by a "Subdivision Committee" (City
Engineer, Planning Manager, DS Principal Engineer)
• Proposed plats shall be consistent the MPC and DUP's
• Appeals will be considered by the City Manager/ City Council if needed
• Developer will submit "at risk" engineering plans at Preliminary Plat phase
(checklist has been updated)
• Final Plats are still approved by City Council
• Changes in process result in 2-6 month savings for start of construction
tj U J
,u tat
Minor Land Division Changes
t +'
• Depth-to-width ratio of the lot shall usually be not greater than 3:1
• Every lot shall abut a public or private street at a minimum °
K;
frontage designated by the zoning district. � .
• Curvilinear lot lines are not allowed.
• Lot lines shall consist of a series of straight lines with no turn
angles or curvilinear interior lot lines. The division line shall be
straight from front property line to rear property line or from side
to side.
• No flag lots are allowed (Defined as: a long, slender strip of land
resembling a flag pole that extends from the typically rectangular
main section of the lot or the "flag" to the street).
X,
• Lot width, depth and area shall comply with the minimum �r
requirements of the zoning ordinance and shall be appropriate for .t $
the location and character of the development proposed and for =4 Y
the type and extent of street and utility improvements beingz h°
installed. q# r
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Questions ?
Proposed changes in two main sections
• Minor Land Division Criteria — Updated criteria to improve and clarify
design principles. These principles would help alleviate the necessity
for private-access-ways, neighbor disputes, illegal buildings and
limited building envelopes.
• Master Planned Communities — Developers are seeking to streamline
approval process due to the amount of upfront planning,
coordination and control mechanisms outlined in the planning
documents ( PADA, MPC, DUP's) .
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ORDINANCE NO. 1503
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 2: SUBDIVISION AND
MINOR LAND DIVISION REGULATIONS, BY REPEALING AND
REPLACING IN ITS ENTIRETY A NEW CHAPTER; AND BY ADOPTING
BY REFERENCE THAT CERTAIN DOCUMENT ENTITLED '12021 AMENDMENTS TO
THE APACHE JUNCTION CITY CODE, VOLUME II, LAND DEVELOPMENT
CODE, CHAPTER 2: SUBDIVISION AND MINOR LAND DIVISION
REGULATIONS", REPEALING ANY CONFLICTING ORDINANCES; PROVIDING
FOR SEVERABILITY; AND PROVIDNG FOR PENALTIES.
WHEREAS, on December 4, 2020, the city council gave direction to
staff to process the necessary amendments to the subdivision and minor land
division regulations, through the planning and zoning commission, to
accommodate language pertaining to minor land divisions and master planned
communities; and
WHEREAS, the planning and zoning commission held a work session to
review and discuss the proposed amendments on February 23, 2021; and
WHEREAS, on March 23, 2021, the planning and zoning commission voted
7 to 0 to recommend such amendments to the city council; and
WHEREAS, A.R. S . § 9-802 permits municipalities to enact the
provisions of a code of public record theretofore in existence
without setting forth such provisions in full text as long as
the adopting ordinance is published in full text and at least
three paper copies, or one paper copy and one electronic copy of
the code or public record, are filed and made available for
public inspection in the office of the city clerk and the
electronic copy is accessible on the city' s website and made
available for public inspection; and
WHEREAS, pursuant to A.R.S. §§ 9-801 (1) and 9-802, codes which may be
adopted by reference include those relating to subdivision development; and
WHEREAS, staff has determined that for administrative efficiency, it
is more appropriate to adopt the proposed amendments to the Apache Junction
City Code, Volume II, Land Development Code, Chapter 2: Subdivision and
Minor Land Division Regulations, by reference.
ORDINANCE NO. 1503
PAGE 1 OF 3
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE
CITY OF APACHE JUNCTION, ARIZONA:
SECTION I: IN GENERAL
1. That the existing Apache Junction City Code, Volume II, Land
Development Code, Chapter 2: SUBDIVISION AND MINOR LAND DIVISION
REGULATIONS, is hereby repealed in its entirety and is replaced with
new provisions.
2. That certain document known as the "2021 AMENDMENTS TO THE APACHE
JUNCTION CITY CODE, VOLUME II, LAND DEVELOPMENT CODE, CHAPTER 2:
SUBDIVISION AND MINOR LAND DIVISION REGULATIONS", at least three
paper copies, or one paper copy and one electronic copy which
are accessible on the city' s website and filed in the
office of the city clerk, which document was made a public
record by Resolution No. 21-14 of the City of Apache
Junction, Arizona, 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 1, Chapter 1 : GENERAL,
Article 1-8 : PENALTY.
ORDINANCE NO. 1503
PAGE 2 OF 3
PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE
JUNCTION, ARIZONA, THIS DAY OF , 2021.
SIGNED AND ATTESTED TO THIS DAY OF , 2021.
WALTER "CHIP" WILSON
Mayor
ATTEST:
JENNIFER PENA
City Clerk
APPROVED AS TO FORM:
RICHARD JOEL STERN
City Attorney
ORDINANCE NO. 1503
PAGE 3 OF 3
1
Apache Junction,AZ Land Development Code
Article
2-1. ENACTMENT AND SCOPE OF REGULATIONS, ADMINISTRATION,
CONSTRUCTION,AND TERMS
2-2. PLATTING PROCEDURES AND REQUIREMENTS
2-3. SUBDIVISION DESIGN PRINCIPLES AND STANDARDS
2-4. CONSTRUCTION ASSURANCES FOR ONSITE IMPROVEMENTS AND AMENITIES
2-5. ADMINISTRATIVE SUBDIVISIONS; LAND SPLITS/MINOR LAND DIVISION,LOT
LINE ADJUSTMENTS,AND LOT COMBINATION
2-6. CONDOMINIUM PLATS AND CONDOMINIUM CONVERSIONS
2-7. DEFINITIONS
APPENDIX: PRELIMINARY AND FINAL PLAT CONDITIONS
ENACTMENT,ARTICLE 2-1 : SCOPE OF REGULATIONS,
ADMINISTRATION, CONSTRUCTION, AND TERMS
Section
2-1-1 Short title
2-1-2 Statement of legislative intent
2-1-3 Application; authority for local regulations
2-1-4 Relationship to General Plan, Zoning Ordinance, and other ordinances and
laws
2-1-5 Relationship to official maps
2-1-6 Minimum requirements
2-1-7 Application; greater restrictions
2-1-8 Prohibition of circumvention
2-1-9 Reference to any portion of this chapter
2-1-10 Severability
2-1-11 Continuation of previously granted plats
2-1-12 Filing fees
2-1-13 Final plat approval required prior to conveyance
2-1-14 Prerequisites for issuance of building permits
2-1-15 Modifications and exceptions
2-1-16 Resubdivision of land
2-1-17 Vacation of plats
2-1-18 Preservation of archaeologic, historic, and natural features and amenities
2-1-19 Transfers and assignments
2-1-20 Cancellation by applicant
2-1-21 Violations and penalties
2-1-22 Legal procedures
2-1-23 Remedies
2-1-24 Construction; terms
§ 2-1-1 SHORT TITLE.
This chapter shall be referred to and cited as the "Apache Junction Subdivision and Land Split
Regulations".
(Ord. 1.452,passed - -2017)
§ 2-1-2 STATEMENT OF LEGISLATIVE INTENT.
(A) This chapter is adopted to provide for the orderly growth and harmonious development of the City of
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Apache Junction, and to preserve,protect and promote the public health, safety, convenience and general
welfare. In its interpretation and application, the provisions of this chapter are intended to provide a common
ground for undertaking an equitable working relationship between public and private interests so that both
independent and mutual objectives can be achieved in the subdivision of land.
(B) More specifically, this chapter is adopted in order to achieve the following objectives:
(1) To aid in the implementation of the general plan of the city, including elements thereof,
(2) To accommodate new development in a manner which will preserve and enhance the city's living
environment through accepted principles of low impact development, floodplain preservation,riparian
ecosystem protection,reduction of the health impacts of development,utilizing aging friendly design,multi-
modal and non-motorized transportation, creating quality neighborhood as well as commercial and industrial
development for all age and income groups, and generate high quality development through skilled
subdivision design;
(3) To provide lots of sufficient size and appropriate design for the purposes for which they are to be
used, including livability;
(4) To provide a coordinated street system having adequate capacity for the anticipated pedestrian and
vehicular traffic which will utilize it and ensure that it is designed to promote safe traffic circulation;
(5) To provide for water supply, sewage disposal, storm drainage, stormwater retention, flood control,
and other utilities and facilities which may be required;
(6) To ensure and facilitate provisions for adequate school sites, public parks, recreation areas and other
public facilities;
(7) To protect and enhance real property values;
(8) To promote the conveyance of land by accurate legal descriptions;
(9) To promote logical procedures for the achievement of these purposes; and
(10) To coordinate subdivision activity of the city within the county in order to facilitate transition from
county to municipal jurisdiction of land which is developed first in unincorporated territory and may be
subsequently annexed into the city; and to ensure unimpeded development of such new urban expansions as
is logical, desirable and in accordance with the goals, objectives and policies of the city general plan.
(Ord. 1452,passed - -2017)
§ 2-1-3 APPLICATION; AUTHORITY FOR LOCAL REGULATIONS.
Pursuant to the powers and jurisdiction vested through A.R.S. Title 9, Article 6 et seq., and other applicable
laws, statutes, ordinances and resolutions of the State of Arizona, the regulations hereinafter contained in this
chapter shall apply to all subdivisions or parts of subdivisions hereafter made entirely or partially within the
corporate limits of Apache Junction. The regulations contained in this Article are authorized pursuant to
A.R.S. §§ 9-461 through 9-463.06. The subdivider shall provide a certificate of assured water supply as
required by A.R.S. § 45-576, or evidence that the area has been designated by the Arizona Department of
Water Resources as having an assured water supply.
(Ord. 1452,passed - -2017)
§ 2-1-4 RELATIONSHIP TO GENERAL PLAN, ZONING ORDINANCE,AND OTHER
ORDINANCES AND LAWS.
Every subdivision or land split shall conform to the requirements and objectives of the general plan, when
adopted, or any parts thereof as adopted by the council to the "Apache Junction, Arizona, Zoning Ordinance"
and to other ordinances and regulations of the city, to the city land development code, to the Arizona Revised
Statutes, and to any other ordinances and regulations which may be adopted which affect the subdivision of
lands within the city.
(Ord. 1452,passed - -2017)
§ 2-1-5 RELATIONSHIP TO OFFICIAL MAPS.
A subdivision plat or land split shall conform in all respects to the Street Classification Plan as prescribed
by § 13-2-3 Street Improvements, Article 13-2 Streets and Sidewalks, Chapter 13 Public Works, Volume I,
Apache Junction City Code, and any amendments thereto.
(Ord. 1452,passed - -2017)
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§ 2-1-6 MINIMUM REQUIREMENTS.
In interpreting and applying the provisions of this chapter, the provisions shall be held to be minimum
requirements.
(Ord. 1452, passed - -2017)
§ 2-1-7 APPLICATION; GREATER RESTRICTIONS.
Where these regulations impose a greater restriction upon land improvement, development or land use than
is imposed or required by existing provisions of law, ordinance, contract or deed, these regulations shall
prevail. Notwithstanding the foregoing, where an approved Master Planned Community("MPC") District is
in place, the MPC District regulations shall prevail.
(Ord. 1452, passed - -2017)
§ 2-1-8 PROHIBITION OF CIRCUMVENTION.
As provided in A.R.S. § 9-463.03, it shall be unlawful for any person, individual, firm, corporation,
partnership, organization, association, syndicate, trust or other legal entity, for the purpose of circumventing
any of these regulations or otherwise, to offer to sell or lease, to contract to sell or lease, or to sell or lease
any subdivision or part thereof, until a final plat thereof in full compliance with provisions of this chapter is
recorded in the office of the county recorder of the county wherein the platted area lies; except that this shall
not apply to any parcel or parcels of a subdivision offered for sale or lease, contracted for sale or lease, or
sold or leased in compliance with any law or subdivision regulation regulating subdivision design and
improvements of subdivisions in effect at the time the subdivision was established. Nothing contained in
these regulations shall be construed as releasing a subdivider from full compliance with the Arizona Revised
Statutes, or the rules and regulations of the Arizona Department of Real Estate Division, Arizona Department
of Water Resources, Arizona Department of Environmental Quality, or the requirements of other agencies
pertaining to the establishment of subdivisions.
(Ord. 1452, passed - -2017) Penalty, see Apache Junction City Code, Vol. 1, § I-I-11.
§ 2-1-9 REFERENCE TO ANY PORTION OF THIS CHAPTER.
Whenever reference is made to any portion of this chapter or to any other law or ordinance, the reference
applies to all amendments and additions now or hereafter made.
(Ord. 1452, passed - -2017)
§ 2-1-10 SEVERABILITY.
If any provision of this chapter be held invalid, that invalidity shall not affect other provisions which can be
given effect without the invalid provision and, to this end, the provisions of this chapter are declared to be
severable.
(Ord. 1452, passed - -2017)
§ 2-1-11 CONTINUATION OF PREVIOUSLY GRANTED PLATS.
All subdivision plats heretofore lawfully existing within the corporate limits of Apache Junction, or which
may be annexed in the future, and which were approved by the Pinal County or Maricopa County Board of
Super-visors, shall be and are deemed to be approved, provided that approval by the city shall be subject to all
conditions established for all plats that were approved by Pinal or Maricopa County.
(Ord. 1452, passed - -2017)
§ 2-1-12 FILING FEES.
(A) Fees for an application for plat approval for preliminary plat, final plat, amendment to final plat and
recordation are listed in the Apache Junction City Code, Vol. 1, Chapter 4, Fees, Article 4-4: Planning,
Zoning Review and Subdivision Fees.
(B) Recordation fee is as established by the county.
(C) The filing fee shall also cover filing of an amended or revised preliminary plat when processed as the
same case. If preliminary approval expires prior to application for final approval, the plat shall be
resubmitted for preliminary approval as a new case and the subdivider shall pay the required preliminary plat
fee.
(Ord. 1452, passed - -2017)
§ 2-1-13 FINAL PLAT APPROVAL REQUIRED PRIOR TO CONVEYANCE.
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(A) No person, for the purpose of making or effecting a subdivision within the territorial limits of these
regulations, shall make any deed, will, mortgage, trust deed or contract for the sale or other transfer of such
subdivision or any part thereof, by metes and bounds description or otherwise, before recordation of the final
plat of either the entire subdivision or phase thereof. A contract for sale which is expressly made contingent
upon obtaining approval by the city council of such final plat within 1 year from the date of the execution of
the contract shall not be deemed prohibited by the foregoing provision.
(B) No person proposing to make or have made a subdivision within the territorial limits of these
regulations shall offer to sell the proposed subdivision before obtaining the council's approval of the final.
plat of the proposed subdivision;provided however, an offer to sell the subdivision or phase thereof, which is
expressly made contingent upon obtaining approval of the final plat aforesaid within 1 year from the date of
the making of the offer shall not be deemed prohibited by the foregoing provision.
(Ord. 1452,passed - -2017)
§ 2-1-14 PREREQUISITES FOR ISSUANCE OF BUILDING PERMITS.
The building official shall not issue any building permits for development on any part of a subdivision until
final plat approval is granted; except that no more than 3 model units are permitted at such time as the base
course for roadway access is completed to the model units site and upon the approval of the development
services director or his or her designee. Notwithstanding the foregoing, where an approved Master Planned
Community("MPC") District is in place, the MPC shall define prerequisites for issuance of building permits.
(Ord. 1452,passed - -2017)
§ 2-1-15 MODIFICATIONS AND EXCEPTIONS.
(A) The principles of design and requirements for the layout of subdivisions, as set forth in Article 2-3 of
this chapter, may be varied by the council. However, such subdivision shall, in the judgment of the council,
provide adequate provisions for all essential community requirements. No modifications shall be granted by
the council which would conflict with the goals and objectives of the general plan, zoning ordinance, an
approved MPC District, or with the intent and purposes of Article 2-3 of this chapter.
(B) In any particular case where the subdivider can show that extraordinary conditions of topography,
adjacent development, irregular parcel shape, floodplain, fissures, or other conditions exist, strict
compliance with these regulations would cause practical difficulty or exceptional and undue hardship, the
council may modify such requirements to the extent deemed just and proper, so as to relieve the difficulty or
hardship; provided, such relief may be granted without detriment to the public good and without impairing
the intent and purposes of this article or the desirable general development of the neighborhood and the
community in accordance with the general plan, and shall not be contrary to the city zoning ordinance. Any
modification thus granted shall be entered in the minutes of the council, setting forth the reasons which, in
the opinion of the council,justified the modification.
(1) In modifying the standards or requirements set forth in this chapter, as provided above, the council
may make additional requirements, such as but not limited to protective covenants, deed restrictions or other
legal provisions, as are deemed necessary to secure substantially the objectives of the standards or
requirements so modified.
(2) In providing for modifications, a mere finding or recitation of the enumerated conditions
unaccompanied by the finding of specific fact, shall not be deemed"findings of fact" and shall not be
deemed in compliance with this chapter.
(3) The approval of departures or modifications from the regulations of this chapter shall not be
considered as precedent-setting when the findings of fact clearly indicate the unique circumstances which
warranted the departure or modification.
(Ord. 1452,passed - -2017)
§ 2-1-16 RESUBDIVISION OF LAND.
(A) Procedure for resubdivision. For any change in a map of a recorded subdivision plat, if the change
effects any street layout shown on the map, or area reserved thereon for public use, or any exterior lot line, or
if it affects any plat legally reached prior to the adoption of this chapter, except where the lots involved are
made larger and where any interior lot lines are involved, the parcel shall be approved by the same
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procedure, rules and regulations as for a new subdivision.
(B) Procedure for subdivisions where resubdivision is indicated. Whenever a parcel of land is subdivided
and the subdivision plat shows 1 or more lots containing enough area that their division into lots according to
the minimum zoning ordinance requirements would create a subdivision as defined herein, the council may
require that such a parcel of land allow for the future opening of streets and the ultimate extensions of
adjacent streets. Easements providing for the future opening and extension of such streets may be made a
requirement of the plat.
(Ord. 1452,passed - -2017)
§ 2-1-17 VACATION OF PLATS.
(A) When a recorded plat is proposed to be vacated, such an instrument shall be approved by the council
in like manner as plats of subdivisions, including any such action which abridges or destroys any public
rights in any of its public uses, improvements, streets or alleys.
(B) Such an instrument shall be executed, acknowledged or approved and recorded or filed, in like manner
as plats of subdivision; and being duly recorded or filed, shall operate to destroy the force and effect of the
recording of the plat so vacated, and to divest all public rights in the streets, alleys and public grounds, and
all dedications laid out or described in the plat.
(C) The applicant shall also secure all utility extinguishments from all the utility agencies that were
granted easements through the original platting process. No instrument shall be recorded to vacate any plat
until such time as all utility easements extinguishments are recorded.
(Ord. 1452,passed - -2017)
§ 2-1-18 PRESERVATION OF ARCHAEOLOGIC, HISTORIC,AND NATURAL FEATURES AND
AMENITIES.
(A) Existing features which would add value to residential development or to the local government as a
whole, such as trees, water courses and similar irreplaceable assets, shall be preserved in the design of the
subdivision. No trees shall be removed from any subdivision nor any change of the grade of the land effected
nor any clearing and grubbing be allowed,until the improvement plans have been approved by the
development services project engineer or his or her designee and any assurances as required are provided.
The city may issue an at-risk grading permit provided that the improvement plans have met the technical
requirements of the engineering standards. Notwithstanding the foregoing, where an approved Master
Planned Community("MPC")District is in place,the MPC shall define requirements for tree removal,
clearing and grubbing or other earth moving and infrastructure improvements that may occur.
(B) Upon discovery of any historic, or prehistoric ruin,burial ground, archaeologic or vertebrate
paleontological site, or site including fossilized footprints, inscriptions made by human agency or any other
historic, paleontologic or archaeologic feature, situated on lands proposed for subdivision, or during the
course of development of such lands, the subdivider or developer shall notify the planning division of the city
and the State of Arizona to advise as to report the discovery.
(Ord. 1452,passed - -2017)
§ 2-1-19 TRANSFERS AND ASSIGNMENTS.
If during any stage of the subdivision process the property under application or any portion thereof is
transferred or assigned to another, that transferee or assignee shall make application for a change of the
application, in which case the city shall hear the application as if it were a new subdivision.
(Ord. 1452,passed - -2017)
§ 2-1-20 CANCELLATION BY APPLICANT.
Cancellation may be initiated by the applicant of the property covered by the application prior to final plat
approval by means of a written notice of cancellation directed to the planning division. Cancellation of the
application shall become effective immediately upon receipt by the city of the notice of cancellation in the
office of the planning division.
(Ord. 1.452,passed - -2017)
§ 2-1-21 VIOLATIONS AND PENALTIES.
(A) Penalties for any violation of the Apache Junction Subdivision Regulations are provided for pursuant
6
to Apache Junction City Code, Vol. I, § 1-1-11.
(B) The approval of a preliminary plat may be revoked by a majority vote of the city council upon finding
that 1 or more of the plat stipulations or provisions of the subdivision regulations have been violated. The
council may reinstate approval of the preliminary plat when it is satisfied that a compliance with the
provisions of these regulations or stipulations has been achieved. If approval of the preliminary plat is
permanently revoked, a request to resume the subdivision shall be treated as a new application.
(C) (1) The development services director or his or her designee, by written order setting forth the
reasons therefore, may stop all work on a subdivision if he or she finds that a major violation of the
subdivision ordinance has occurred, creating an immediate or imminent threat to public health or safety such
as danger to life or limb, or damage to property of the city or to neighboring property owners.
(2) After work is stopped, no work on the subdivision, except to correct the problems specified by the
director or his or her designee, may proceed until written authorization is given by the director or his or her
designee. While work is stopped, the subdivider may appeal, within thirty days to the city clerk, the director's
stop order to the council which shall meet at the next regularly scheduled council meeting to consider the
matter. The council, after hearing both sides, may reverse or modify the director's order within thirty days if
the council finds that the director has been unreasonable or arbitrary. The burden of proof in such an appeal
shall be upon the subdivider.
(D) The imposition of any sentence shall not exempt the offender from compliance with the requirements
of this article.
(Ord. 1452,passed - -2017)
§ 2-1-22 LEGAL PROCEDURES.
Any use or development of property contrary to the provisions of the subdivision ordinance shall be and the
same hereby declared to be unlawful, against the public safety and welfare, and a public nuisance, and the
City Attorney shall, immediately commence all necessary actions or proceedings for the abatement,
enjoinment and removal thereof in the manner provided by law, shall take such other lawful steps and shall
apply to such court or courts as may have jurisdiction to grant such relief as will abate, enjoin and restrain
any person, firm, corporation or other legal entity from setting up, developing, erecting, building or
maintaining any such building, or using any property, contrary to the provisions of these subdivision
regulations, or otherwise violating these subdivision regulations.
(Ord. 1452,passed - -2017)
§ 2-1-23 REMEDIES.
(A) All remedies provided herein shall be cumulative and not exclusive. The conviction and punishment
of any person hereunder shall not relieve the person from the responsibility to correct prohibited conditions
or to remove prohibited buildings, structures or improvements, nor prevent the enforcement, correction or
removal thereof.
(B) In addition to the other remedies provided in this section, any adjacent or neighboring property owner
who shall be especially damaged by the violations of any provisions of this subdivision ordinance may
institute, in addition to the other remedies provided by law, injunction, mandamus, abatement or other
appropriate action, proceeding or proceedings to prevent, abate or remove the unlawful erection,
construction,reconstruction, alteration, maintenance or use.
(Ord. 1452,passed - -2017)
§ 2-1-24 CONSTRUCTION; TERMS.
The following rules of construction shall apply unless inconsistent with the plain meaning of the context of
this chapter:
(A) The particular shall control the general.
(B) In the event there is any conflict or inconsistency between the heading of an article, section, division
or paragraph of this chapter and the context thereof, the heading shall not be deemed to affect the scope,
meaning or intent of the context.
(C) In case of any difference of meaning or implication between the text of this chapter and any caption,
illustration, summary table or illustrative table, the text shall control.
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(D) In case of conflict between regulations, the more restrictive shall apply, or when an approved MPC
District is in place, the MPC District regulations shall apply.
(E) Words used in the present tense shall include the past and future tenses and vice versa.
(F) Words used in the singular number shall include the plural, and the plural the singular, unless the
context indicates the contrary.
(G) The word"shall" is always mandatory and not discretionary. The word"may" is permissive.
(H) Unless the context clearly indicates the contrary, where a regulation involves 2 or more items,
conditions,provisions or events connected by the conjunction "and," "or," or"either or,"the conjunction
shall be interpreted as follows:
(1) "And"indicates that all the connected items, conditions,provisions or events shall apply.
(2) "Or" indicates that the connected items, conditions,provisions or events shall apply singularly or in
any combination.
(3) "Either or" indicates that the connected items, conditions, provisions or events shall apply singularly
but not in combination.
(1) The phrase "used for" includes "arranged for," "designed for," "intended for," "maintained for," or
"occupied for."
(J) The word"includes" or"including"or the phrase "such as" shall not limit a term to the specified
examples, but is intended to extend its meaning to all other instances or circumstances of like kind or
character.
(K) The word"oath"includes affirmation.
(L) The word"state" shall mean the State of Arizona. The word"county" shall mean that county having
jurisdiction and being either Pinal County or Maricopa County, Arizona. The word"city" shall mean the City
of Apache Junction, Arizona. The term "city boundary" shall mean the corporate boundary of the City of
Apache Junction, Arizona.
(M) The word"council" shall mean the city council of the city.
(N) The word"commission" shall mean the planning and zoning commission of the city.
(0) The word"board" shall mean the board of adjustment of the city.
(P) The terms "building official," "city attorney," "city clerk," "city manager," "development services
director," "director of public
works," "city engineer," "development services project engineer," and"zoning administrator" shall mean the
respective officers of the city or their authorized agents.
(Q) The term"Department of Transportation" or"ADOT" shall mean the State of Arizona Department of
Transportation.
(R) The term"code" shall mean"The code of the City of Apache Junction, Arizona," as adopted by the
Council by Ordinance No. 7, dated June 27, 1979, and as subsequently amended.
(S) The term "building code" shall mean the International Building Code, 2015 Edition.
(T) The term"Arizona Revised Statutes" shall mean the Code of the State of Arizona, 1956, as amended.
(U) The word"written"includes handwritten,printed, type-written, mimeographed or multigraphed
matter, email, faxes, and texts.
(V) The term"fire code" shall mean the current adopted edition of the International Fire Code.
(W) The phrase "this ordinance" or"this subdivision ordinance" shall mean the "Apache Junction
Subdivision Regulations" as contained in this Land Development Code of the city as adopted by the council
by ordinance.
(X) The term"zoning ordinance" shall mean all portions of the most current "Apache Junction, Arizona,
Zoning Ordinance" as contained in this Land Development Code of the city, including the Zoning Map.
(Y) The term"general plan" shall mean "the most recently adopted general plan by city council".
(Z) The term "commission" shall mean the planning and zoning commission as established in Apache
Junction City Code, Volume 1, Chapter 2, Article 2-22.
(AA) The term"division" shall mean the planning division of the City of Apache Junction, Arizona.
(Ord. 1452,passed - -2017)
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§ 2-1-25 GENERAL PROVISIONS AND DEFINITIONS, SUBDIVISION COMMITTEE
ESTABLISHED.
(A)The "Subdivision Committee" shall mean a committee that is constituted for the review and approval
of preliminary plats for MPC zoned developments, The Subdivision Committee shall include the City
Engineer, Planning Manager and Development Services Principal Engineer or Principal Planner/designee.
The Subdivision Committee shall either approve, approve with conditions, or deny applications for
preliminary plats.
(B)The Committee may promulgate rules and procedures with respect to Committee activities.
ARTICLE 2-2: PLATTING PROCEDURES AND REQUIREMENTS
Section
2-2-1 Outline of platting procedures
2-2-2 Pre-application conference
2-2-3 Conceptual subdivision plat(optional)
2-2-4 Preliminary plat
2-2-5 Final plat
§ 2-2-1 OUTLINE OF PLATTING PROCEDURES.
The preparation, submission, review and official action concerning all subdivision plats proposed within
the City of Apache Junction shall proceed through the following progressive stages:
Stage I Pre-Application Conference
Stage 11 Conceptual Subdivision Plat
(optional)
Stage III I Preliminary Plat
Stage IV I Final Plat
(Ord. 1452, passed - -2017)
§ 2-2-2 PRE-APPLICATION CONFERENCE.
(A) Purposes. The pre-application conference stage of subdivision planning comprises an investigatory
period which precedes actual preparation of a preliminary plat by the subdivider. During this required stage,
the subdivider makes known his or her intentions to city staff and is advised of public objectives, platting
procedures and requirements as they may relate to the subject tract.
(1) During this stage, it may be determined that a change in zoning would be required for the subject
tract or a part thereof and, in that case, the subdivider shall consider initiating the necessary rezoning
application.
(2) During this stage, it may be determined that relinquishment would be required of existing public
rights-of-way or extinguishment of easements and, in either case, the subdivider shall initiate the necessary
application.
(3) The pre-application conference affords city staff the opportunity to give informal guidance to the
subdivider. Lot layout shall be governed by the buildable site on the lot, the grading and drainage pattern of
the lot, the natural ecosystem and features, and the coordination of sizes of lots with requirements for
community infrastructure. Staff will discuss the proposal with the subdivider. Written list of comments is to
be provided by the different city departments and the utility agencies in order that the subdivider may be
informed of the utility agencies and city's procedures, design and improvement standards, and general plat
requirements. The information given at a pre-application conference is limited. Any determinations made
will be very tentative and still subject to the formal process.
9
(4) To facilitate the preliminary plat review and avoid undue delay, the city will invite representatives of
the fire district, sewer, and water utilities suppliers to the pre-application conference to learn the general.
requirement for sewage disposal and for obtaining water supply and any fire district requirements, as applied
to his or her location, and to determine if any applicable fees are charged by these agencies.
(5) This Article 2-2-2 Pre-Application Conference, shall not apply to an approved MPC District.
(B) Information desired. In carrying out the purposes of the pre-application stage, the subdivider and city
staff may meet informally and discuss the proposal. The subdivider shall provide 2 copies of the pre-
conceptual subdivision showing the project location, and proposed street and lot layout.
(Ord. 1452,passed - -2017)
§ 2-2-3 CONCEPTUAL SUBDIVISION PLAT (OPTIONAL).
(A) Purpose. Prior to formal submittal of a preliminary plat as outlined below, the subdivider shall submit
a conceptual subdivision plat for review by the planning and zoning commission. The purpose of such.
submittal is to gain tentative approval prior to expending time and resources on a preliminary plat. This
review process is not binding on either the city or the subdivider.
(B) Criteria. The subdivision design shall reflect the following:
(1) Preservation of the character of the land.
(2) Economy of construction.
(3) Inclusion of special facilities.
(4) Variation in design.
(5) Privacy and sociability.
(6) Individual lot sizes that are practicable and desirable.
(7) Low impact development.
(8) Energy efficiency and green construction.
(9) Mobility and walkability.
(C) Conceptual subdivision plat content. The following items shall be provided by the applicant as part of
the conceptual subdivision plat submittal:
(1) Vicinity map.
(2) Name of development and sketch plan.
(3) Location by section, township and range.
(4) Legal description: dimensions are to be shown by either a metes and bounds description or
description by aliquot part or by reference to a tract or parcel shown on a previously recorded subdivision or
results of Survey plat. There must be a tie (by scale or legal description) to at least 2 aliquot corners (section,
quarter-section, etc.), or by reference to a tract or parcel shown on previously recorded subdivisions or results
of survey plat.
(5) Boundaries of development clearly identified.
(6) North arrow.
(7) Scales (both graphic and equivalent inch to feet)using standard engineering intervals. Not to exceed
1" =200'. Sheet size no smaller than 24" x 36".
(8) Date of preparation plus date of any amendments since original submittal.
(9) Contact info: names, addresses,phone numbers and notation of relationship to development for
landowners, subdivider/development agents, engineers, surveyors, land planners, landscape architects,
architects,hydrologists or others responsible for design(include registration numbers).
(10) Zoning: existing and proposed zoning.
(11) Proposed land uses and densities by area as well as ownership patterns, surrounding land uses and
zoning within 300'.
(12) Tentative lot and tract layout.
(13) Proposed circulation plan: the applicant shall submit a proposed vehicular,bicycle, pedestrian and
equestrian circulation plan. The circulation plan shall include:
(a) Show all existing and proposed streets (public or private) and their classification(arterial,
collector, local street) within the project proposed connections to the existing streets network. Scale not to
10
exceed 1" = 500'. The map shall also demonstrate legal primary and secondary access as well as existing or
proposed street right-of-way widths.
(b) Existing or proposed sidewalks and pedestrian and equestrian trail networks and open space
features affected by or intended to be implemented as part of future subdivision design.
(14) Land data table: identify in chart or note form on the conceptual subdivision plat the following:
(a) Total acreage, acreage for each use and each phase.
(b) Number units/lots for each type of use and phase.
(c) Average area per lot/unit proposed.
(d) Percent open space, exclusive of streets, building envelopes, and parking areas.
(e) Identify unique site conditions including major drainage features, fissures, etc).
(D) Evaluation of conceptual subdivision plat.
(1) Eighteen(18) copies of the conceptual subdivision plat in an addition to an electronic copy in PDF
format shall be submitted to the development services department. Within 15 working days of submittal, the
conceptual subdivision plat shall be evaluated and discussed in a meeting that may include the applicant(s),
reviewing agency representatives and city staff.
(2) Fees. Application for conceptual subdivision plat approval shall include payment of the filing fees as
set forth in Chapter 4, Fees, Article 4-4, Vol. I, Apache Junction City Code.
(3) The Development Services Department shall route the conceptual subdivision plat to city's other
departments and agencies.
(4) Upon receipt of reviewing departments and agencies comments, the development services
department staff shall compile all comments and respond to the applicants or agents as the proposed project
relates to the following:
(a) Conformance to City of Apache Junction general or specific area plan(s).
(b) Suitability of the site for development,proposed/existing and potential development opportunities
and constraints.
(c) The improvements, design and dedications required by city improvement standards.
(d) Zoning requirements.
(e) Drainage Requirements.
(E) Approval of conceptual subdivision plat.
(1) The planning and zoning commission shall make a recommendation whether or not the conceptual
subdivision plat meets the purposes of these regulations and related city ordinances and design specifications
and shall make specific recommendations to be incorporated by the applicant into a preliminary plat
submittal.
(2) Approval of a conceptual subdivision plat is approval of the proposal in concept only, and is not
final project approval.
(F) Denial of conceptual subdivision plat. If the planning and zoning commission determines that the
conceptual subdivision plat submittal is not consistent with the city's general or specific area plan(s) and/or
determines that the proposed development does not meet city improvement/design specifications, the
planning and zoning commission may deny the conceptual subdivision plat application or request
modifications to be incorporated into a preliminary plat submittal.
(G) Appeal. If the project developer objects to a decision by the planning and zoning commission to deny
a conceptual subdivision plat or recommended modification to same, the planning and zoning commission
decision may be appealed to the city council. Upon submittal to the development services director of a
written statement of objection, the matter shall be placed on the agenda for the next available council
meeting. (Ord. 1452,passed- -2017)
§ 2-2-4 PRELIMINARY PLAT.
(A) The preliminary plat stage of land subdivision includes detailed subdivision planning, submittal,
review and approval of the preliminary plat. The subdivider shall provide the planning division with all
information essential to determine the character and general acceptability of the proposed development to
allow for the establishment of the design parameters for the final plat and the improvement plans. The
11
preliminary plat shall conform to the approved conceptual subdivision plat as approved by the planning and
zoning commission and city council, if this optional step was undertaken. A preliminary plat process may be
waived for a proposed platting of a substantially developed property, as it is in the opinion and approval of
the development services director and/or city engineer or their designees. Substantially developed includes a
build-out property with stormwater retention and drainage facilities, landscaping, and onsite and offsite
infrastructure improvements.
(B) (1) Preliminary plat submittal.
(a) Filing. A complete application for preliminary plat approval to include 20 copies of the
preliminary plat, an electronic copy in PDF format and other required documents, shall be filed with the
planning division. The submittal of an incomplete application shall be rejected and the subdivider notified, in
writing, of the deficiencies of application. Upon determination that the submittal is substantially complete, it
shall be assigned a case number and distributed.
(b) Fees. Application for preliminary plat approval shall include payment of the filing fees as set forth
in chapter 4, Fees, Article 4-4 , Vol. 1, Apache Junction City Code.
(2) Preliminary plat review.
(a) Upon receipt of a complete application for a preliminary plat, inclusive of all fees, the planning
division shall log in the date of submittal and perform its review for compliance to public objectives, giving
special attention to the minimum application requirements for preliminary plat as set forth in this chapter.
The planning division shall distribute the application and the preliminary plat to the following staff and
agencies for review and written comments that pertain to their area of expertise and responsibilities:
1. Director of Public Works;
2. City Engineer;
3. Development Services Principal Engineer or Project Engineer;
4. Police Chief;
5. Fire District Chief;
6. Parks and Recreation Director;
7. County Health Department;
8. Superintendent of School District;
9. United States Postmaster at Apache Junction, Arizona;
10. County engineer and Director of County Planning, if proposed subdivision abuts county areas;
11. Where the land abuts a state or federal highway, to the Arizona Department of Transportation;
and
12. Utility companies.
(b) The reviewing staff and agencies shall transmit their recommendations to the planning division.
(c) The planning division shall consolidate the reviewing staff and agencies comments and
requirements and transmit the same to the applicant for incorporation of the revisions to the preliminary plat.
(d) Once the new preliminary plat substantially conforms to the provision of this ordinance, the
development services staff shall notify the applicant of meeting dates of planning and zoning commission
and city council to consider the preliminary plat application. Where an approved MPC District is in place, the
preliminary plat approval shall be processed as described in Article 2-2-4 (B)(3)(b).
(3) Preliminary plat approval.
(a) The commission shall meet and offer its recommendations to the city council on the preliminary
plat after considering the recommendations of city staff and the above agencies and entities. Public
hearings shall be held by both commission and city council. The city council may,by resolution,
approve, conditionally approve or deny a preliminary plat.
(b) Where an approved MPC District is in place, the following process shall occur:
1. The Subdivision Committee shall consider the Preliminary Plat within twenty-one (21)
calendar days after the date the subdivider has completed filing of final corrections.
2. The Subdivision Committee shall approve, approve with conditions or deny the preliminary
plat and shall forward their recommendation to the subdivider.
12
3. If the Subdivision Committee denies a Preliminary Plat, or the Plat is approved with
conditions, the subdivider may appeal the denial or stipulations pursuant to the provisions in
Article 2-2-4 (13)(6).
(4) Significance of preliminary plat approval. Preliminary plat approval constitutes authorization for the
subdivider to proceed with preparation of the final plat and the engineering plans and specifications for
public improvements and site development. Preliminary plat approval is based on the following terms:
(a) The basic conditions under which approval of the preliminary plat is granted will not be changed
prior to expiration date;
(b) Approval is valid for a period of 12 months from date of council's action, within which period the
subdivider must file a complete final plat application. A time extension for an additional 12 months may be
granted by the city council if there had been no change in the city's policies or regulations which would
affect the subdivision; and
(c) Preliminary plat approval, in itself, does not assure final acceptance of streets for dedication or
continuation of existing zoning requirements for the tract or its environs.
(5) Significance of preliminary plat approval—MPC Districts. Preliminary plat approval constitutes
authorization for the subdivider to proceed with preparation of the final plat, the engineering plans and
specifications for public improvements and site development as well as to proceed at-risk with installation of
public and private improvements as described within the MPC district. Preliminary plat approval is based on
the following terms:
(a) The basic conditions under which approval of the preliminary plat is granted will not be changed
prior to expiration date;
(b) Approval is valid for a period of 12 months from approval by the Subdivision Committee,within
which period the subdivider must file a complete final plat application. A time extension for an additional 12
months shall be granted by the Subdivision Committee if there had been no change in the city's public health,
safety, welfare policies which would affect the subdivision; and
(c) Preliminary plat approval, in itself, does not assure final acceptance of streets for dedication or
continuation of existing zoning requirements for the project.
(6) Approvals, Appeals, Modifications and Administrative Changes, Appeals—MPC Districts.
(a) A decision of the Subdivision Committee may be appealed by the subdivider within 15 calendar
days of the action to the City Manager.
(b) Appeals shall be in writing on a form provided by the Development Services Department and
shall include only those items not agreed upon. An appeal will be heard within 15 calendar days
from the date of submission of complete application for an appeal and the appeal fee to the City
Manager. The City Manager shall set the date, time, and location for the appeal hearing. Persons
who have expressed an interest in attending the bearing shall be informed by the Development
Services Department of the date, time, and location.
(c) The City Manager shall gather any background material regarding the appeal at least 2 working
days prior to the hearing date.
(d) The City Manager shall issue a decision on the appeal at the hearing. The decision of the City
Manager may be appealed to the City Council.
(7) Existing developed lands. City may waive the requirements to prepare a preliminary plat for lands
that contain existing developments that include lots, streets, drainage improvements, and other existing
infrastructures.
(8) Form of presentation. The information hereinafter required as part of the preliminary plat submittal
shall be shown graphically or by note on plans, or by letter, and may comprise several sheets showing
13
various elements of required data.
(C) See Appendix for preliminary plat conditions.
(Ord. 1452,passed - -2017)
§ 2-2-5 FINAL PLAT,
This stage includes the final design of the subdivision, engineering of public improvements and site
development, and submittal of the plat and plans by the subdivider for review and for action by the council.
The final plat shall not be denied, if it substantially conforms to the approved preliminary plat and submitted
within 12 months of an approved preliminary plat, and further provided that the submitted final plat meets all
the requirements of these regulations.
(A) Final plat submittal requirements. Prior to the expiration of the approved preliminary plat, the
subdivider shall file a complete final plat with the planning division consisting of the following.
(1) Fifteen 24" x 36"prints of the final plat.
(2) Title report issued not more than 30 days prior to the date of submittal by a state-registered title
company.
(3) Electronic submittal and 4 sets of the improvement plans including,paving and street improvement
plans, site and drainage improvement plans, utility plans, stormwater pollution prevention plans (SWPPP),
and street lights plans. Improvement plans submittal requirements are outlined in § 10-2-17 Civil
Engineering Plan Review Checklist, Engineering Standards, Vol. II, Apache Junction City Code.
(4) The subdivider shall file a streetlight improvement district application with public works department
prior to the approval of the final plat.
(5) Conditions, covenants and restrictions ("CC&Rs). The subdivider shall submit 2 copies of the deed
restrictions that describe the responsibilities of the unit owners for maintaining common areas and facilities
and all other pertinent information and requirements as applicable.
(6) The director or his or her designee may require an applicant to adhere to all preliminary plat
requirements during the final plat process, such as,but not limited to, establishing an HOA and including
CC&Rs in its deeds setting forth the perpetual obligation to financially contribute for the maintenance of all
community areas such as private roads, pools, and playground and recreational areas.
(7) Payment of the final plat filing fees as set forth in Chapter 4, Fees, Article 4-4, Vol. I, Apache
Junction City Code.
(B) Final plat review.
(1) The planning division, upon receipt of the final plat and improvement plans submittals, shall
immediately record the date of filing and shall review the final plat and improvement plans for completeness.
If complete, the planning division shall review the final plat and improvement plans for substantial
conformity to the approved preliminary plat and refer copies of the submittal to the following staff and
agencies which will be requested to make known their recommendations, in writing, addressed to the Council
through the planning division and city manager: see list of reviewing staff and agencies as shown in § 2-2-
4(B)(2)(a) for preliminary plat review.
(2) The planning division shall assemble the recommendations of the various reviewing offices,prepare
a concise summary of recommendations, and submit the summary with the reviewers' recommendations
back to the applicant or their representative.
(3) Once the planning division has transmitted revisions and recommendations for corrections to the
final plat and improvement plans one or more times, and all revisions are not submitted back to the city
within 12 months, a new final plat application and fees shall be required to re-initiate the final plat process.
(4) In the event that the planning division finds that the final plat does not substantially conform to the
preliminary plat as approved by the city council or the Subdivision Committee, the subdivider shall revise to
conform to the preliminary plat or shall be required to submit a new preliminary plat application.
(5) Where an approved MPC District is in place, the planning division shall complete the final plat review as
described in Article 2-2-5 (13)(1) and Article 2-2-5 (13)(2) within ninety(90) calendar days of the date of
filing.
14
(C) Council hearing and action.
(1) Upon receipt of a request for council action by the planning division, in accordance with procedures
established by the City Clerk, the development services director shall place the final plat on the council
agenda of the next regular meeting, whereupon the council shall consider the application.
(2) Upon approval of the final plat by the city council, the city clerk shall transcribe a certificate of
approval upon the plat, first making sure that the other certifications required by this section have been duly
signed.
(3) When the certificate of approval by the council has been transcribed on the final plat, the planning
division shall retain the copy to be recorded until the civil engineering improvement plans have been
approved, and the public improvement security has been provided.
(4) The planning division shall cause the final plat to be recorded in the office of the county recorder of
the county within which the platted lands lie and the recordation fee shall be paid thereto.
(5) The original Mylar copy of the recorded plat shall be retained by the Planning division, including the
submittal of electronic copies in PDF and DWG format.
(6) If the council rejects the final plat, the reasons shall be recorded in the minutes and the subdivider
shall be notified, in writing, of the reasons for rejection.
(D) See Appendix for final plat conditions.
(E) Final plat recordation (including amended plats).
(1) All the required improvement plans (grading and drainage,paving, utilities, etc.) shall be approved
by the city prior to final plat recordation.
(2) When the improvement plans have been approved, the final plat shall be signed by the appropriate
city officials to indicate the city's approval, and the city shall cause the plat to be recorded in the appropriate
county recorder's office.
(F) Final plat amendment. One of the 3 following methods shall be utilized to amend a recorded final plat.
The developer shall arrange a meeting WITH development services department staff to determine the method
of amendment. Any amendment to recorded plat may be subject to the currently adopted city codes or state
statutes which may have occurred since the recordation of the original plat, as determined by city staff.
(1) Return to the preliminary plat/final plat procedure (major changes). This method shall be utilized
when there are proposed changes involving any of the following: zoning, type of lots, number of lots (4 or
more), tracts or common area facilities or a change to the purpose of any tract common areas. Any changes
which substantially alters the original approved final plat, as determined by city staff, shall require a
preliminary plat and final plat procedure.
(2) Re plat procedure (moderate changes). This method shall be utilized when there are proposed
changes involving any of the following: the configuration of 3 or more lots, lot line adjustments affecting 3
or more lots, roadway alignment, abandonment of public rights-of-way, tracts dedicated for specific
purposes, extinguishment of easements, dedication or rededication of rights-of-way. No preliminary plat is
required with this procedure.
(3) Certificate of correction (minor changes). This method shall be utilized when there are minor
changes proposed involving any of the following: an adjustment to no more than 2 lots or 1 lot and I tract,
bearing or distance changes,minor corrections to language of dedication, notes, or legal description.
Certificate of correction shall be prepared by a registered land surveyor. Development services department
staff shall review and approve the certificate of correction prior to recordation at the county recorder's office
(for lot line adjustments, see § 2-5-4).
(G) Final plat vacation. Refer to § 2-1-17 of this Subdivision Regulations.
(Ord. 1452,passed - -2017)
15
ARTICLE 2-3: SUBDIVISION DESIGN PRINCIPLES AND
STANDARDS
Section
2-3-1 In general
2-3-2 Street location and arrangement
2-3-3 Street design
2-3-4 Block design
2-3-5 Lot planning
2-3-6 Easement planning
2-3-7 Street names
2-3-8 Street and utility improvement requirements
§ 2-3-1 IN GENERAL.
(A) Where the tract to be subdivided contains all or any part of the site of a park, school site, flood control
facility, fire station or other public area as shown on the city general plan, the site shall be dedicated to the
public and ownership shall be transferred to the appropriate entity concurrently with final plat recordation.
An agreement shall be reached between the subdivider and the appropriate public agency regarding time,
method and cost of the acquisition. In the event the development services director or his or her designee
determines that such an agreement has not been reached within the specified period of time, then the
development services director or his or her designee may make a determination that the requirements of this
section have not been met. The final plat shall not be recorded unless such an agreement is entered into
between the parties.
(B) Land which is subject to periodic flooding or land which the development services project engineer or
his or her designee determines cannot be properly drained shall not be subdivided, except that the city
council may approve subdivision of the land upon receipt of evidence from the development services project
engineer or his or her designee that the construction of specific improvements can be expected to render the
land suitable for subdividing; thereafter, construction upon the land shall be prohibited until the specified
improvements have been planned, designed and construction guaranteed to the satisfaction of the
development services project engineer or his or her designee . Land within the Federal Emergency
Management Agency("FEMA") floodplain areas is administered through § 5-1 Floodplain Management,
Chapter 5, Vol. II, Apache Junction City Code.
(C) The project's surveyor/engineer shall submit the compaction report and the building pad elevation
certification prior to the issuance of the building permit for each lot within the subdivision. A drainage and
retention certification for all related drainage areas shall be submitted prior to the release of a building
clearance for occupancy. As-built plans shall be provided to the city at the final completion stage of the
subdivision, indicating the finish floor elevation of each structure and all other pertinent grade elevations
within the project. Building structures with basements shall submit finish floor elevation certification prior to
the release of a building clearance for occupancy.
(D) Where an MPC District is being formed, alternate requirements for street design,block design, lot
planning, easement planning, and street names as stated within this Article 2-3 may be proposed and made
a part of the approved MPC district.
(Ord. 1452,passed - -2017)
§ 2-3-2 STREET LOCATION AND ARRANGEMENT.
(A) Whenever a tract to be subdivided embraces any part of a street designated in the adopted street
classification plan, such street shall be platted in conformance therewith.
(B) Street layout shall provide for the continuation or termination of such streets.
(C) Certain proposed public streets, as designated by the development services director and the city
engineer or their designees, shall be extended or stubbed to the tract boundary to provide future connection
with adjoining unplatted lands. Easements and improvements for temporary cul-de-sacs shall be provided.
16
No spite strips are permitted.
(D) Local streets shall be so arranged and designed as to provide connectivity and to discourage their use
by through traffic.
(E) Where a proposed subdivision abuts or contains an existing or proposed arterial route, any or all of the
following may be required to preserve the traffic function along the arterial route: access or frontage streets,
or non-access easements along the arterial route, or such other treatment as may be justified for protection of
residential properties from the nuisance and hazard of high-volume traffic.
(F) Where a subdivision abuts or contains the right-of-way of a limited access highway or an irrigation
canal, or abuts a commercial or industrial land use, the development services director and the city engineer or
their designees may require location of a street approximately parallel to and on each side of the right-of-way
at a distance suitable for appropriate use of the intervening land. Such distance shall be determined with due
regard for approach grades, drainage,bridges or future grade separation. The city may require a shared access
roadway/drive to serve abutting residential and commercial/industrial land uses.
(G) Streets shall be so arranged in relation to existing topography as to produce desirable lots of
maximum utility and streets of reasonable gradient and to facilitate adequate drainage with due consideration
of traffic safety.
(H) The city policy is to discourage alleys in residential subdivisions. Public alleys shall conform to the
requirements of§ 10-3-6(F)Public Alleys, Engineering Standards, Vol. II, Apache Junction City Code.
(1) Half-streets shall be discouraged except where necessary to provide right-of-way required by the street
classification plan to complete a street pattern already begun or to ensure reasonable development of a
number of adjoining parcels. Where there exists a platted half-street abutting the tract to be subdivided and
the half-street furnished the sole access to residential lots, the remaining half shall be platted.
(J) Where an MPC District is being formed, alternate requirements as stated within this Article 2-3-2 may be
proposed and made a part of the approved MPC District.
(Ord. 1452,passed - -2017)
§ 2-3-3 STREET DESIGN.
Street design shall conform to the requirements of Article 10-3 Street Design and Construction,
Engineering Standards, Vol. II, Apache Junction City Code. Notwithstanding the foregoing, where an MPC
District is being formed, alternate requirements as stated within this Article 2-3-3 may be proposed and made
a part of the approved MPC District.
(Ord. 1452,passed - -2017)
§ 2-3-4 BLOCK DESIGN.
(A) Maximum lengths. The maximum lengths of blocks, measured along the centerline of the street and
between intersecting street centerlines, is 1,320 feet, except that in development with lot areas averaging 1/2
acre or more, or where conditions warrant, this maximum may be 1,960 feet. Blocks shall be as long as
reasonably possible under the circumstances within the above maximums in order to achieve depth and
possible street economy and to reduce the expense and safety hazard arising from excessive street
intersections.
(B) Cul-de-sac streets. Maximum length of cul-de-sac streets is 750 feet measured from the intersection of
right-of-way lines to the extreme depth of the turning circle along the street centerline, and serve no more
than 24 dwellings. Exceptions may be made where topography, adjacent platting, or other unusual conditions
justify such. No exception shall be made merely because the tract has restrictive boundary dimensions
wherein provisions shall be made for extension of street patterns to the adjoining unplatted parcel and a
temporary turn-around installed.
(C) Pedestrian ways. Pedestrian ways shall be required where essential for circulation or access to
schools, playgrounds, shopping centers, transportation and other community facilities. Pedestrian ways may
be used for utility purposes.
17
(D) Where an MPC District is being formed, alternate requirements as stated within this Article 2-3-4 may be
proposed and made a part of the approved MPC District.
(Ord. 1452,passed - -2017)
§ 2-3-5 LOT PLANNING.
(A) (1) Lot width, depth and area shall comply with the minimum requirements of the zoning ordinance
and shall be appropriate for the location and character of development proposed and for the type and extent
of street and utility improvements being installed.
(2) Depth-to-width ratio of the usable area of lot shall not be greater than 3:1.
(3) Where steep topography, unusual soil conditions, drainage problems, abrupt changes in land use or
heavy traffic on adjacent streets prevail,the council may make special lot width, depth and area requirements
which exceed the minimum requirements of the particular zoning district.
(B) Side lot lines shall be at right angles and radial to curves.
(C) Every lot shall abut a public or private street at a minimum 30' of frontage. A private street shall
possess satisfactory access to other existing public streets. Private streets shall be owned and maintained by a
private association or corporation and will not be considered for future dedication and city maintenance if not
developed to minimum city standards.
(D) Single-family residential lots extending through the block and having frontage on 2 parallel streets
shall not be permitted; backing or siding of lots to thoroughfares shall be allowed, providing the average lot
depth is increased by 10 feet installation of a ten-foot landscape buffer as required by the landscape code and
a 6-foot high from finished lot grade masonry wall or other suitable decorative fencing material is
constructed at the right-of-way line. Lots backing or siding upon a thoroughfare or arterial street shall have a
recorded non-access private easement one-foot wide along the lot line abutting those streets. Lots fronting on
a thoroughfare or arterial street shall require a frontage road.
(E) Lots on curvilinear streets shall have rear lot lines consisting of a series of straight lines with points of
deflection occurring only at the junction of side lot lines, unless otherwise approved by the development
services project engineer or his or her designee. Curvilinear rear lot lines with a minimum radius of 800 feet
may be provided, if approved by the development services project engineer or his or her designee.
(F) No flag lots are allowed.
(G) Where an MPC District is being formed, alternate requirements as stated within this Article 2-3-5 may be
proposed and made a part of the approved MPC District.
(Ord. 1452,passed - -2017)
§ 2-3-6 EASEMENT PLANNING.
(A) The subdivider shall provide utility easements as required by the serving utilities and is responsible
for coordinating such with the utilities concerned.
(B) Except where alleys are allowed and provided, lots shall provide for front and side utility easements as
required by the utility company.
(C) Where alleys are provided in multiple-family, commercial or industrial areas, a refuse container,
transformer and service cabinet easement shall be provided of sufficient size as determined by the
development services project engineer or his or her designee and/or utility company.
(D) Drainage and other easements shall be indicated as required by the development services project
engineer or his or her designee.
(E) Where an MPC District is being formed, alternate requirements as stated within this Article 2-3-6 may be
proposed and made a part of the approved MPC District.
(Ord. 1452,passed - -2017)
§ 2-3-7 STREET NAMES.
The subdivider shall indicate the proposed street names subject to approval by the city council at the
preliminary plat stage. Street naming shall be in compliance with the manual"Procedures for Street Naming
18
and Address Assignment, City of Apache Junction, Arizona," following council adoption of same.
Notwithstanding the foregoing, where an MPC District is being formed, alternative street naming
conventions may be proposed that differ from this Article 2-3-7. Provisions for alternative street naming shall
be made a part of the pre-annexation development agreement for the proposed MPC District.
(Ord. 1.452,passed - -201.7)
§ 2-3-8 STREET AND UTILITY IMPROVEMENT REQUIREMENTS.
The Engineering Standards set forth in Apache Junction City Code, Vol. Il, Chapter 10, Article 10-3 Street
Design and Construction shall govern all such requirements.
(Ord. 1.452,passed - -201.7)
ARTICLE 2-4: CONSTRUCTION ASSURANCES FOR
ONSITE IMPROVEMENTS AND AMENITIES
Section
2-4-1 Default
2-4-2 Inspection and release
§ 2- -1 DEFAULT.
In the event that the subdivider fails or neglects to satisfactorily install the required improvements within
the time agreed upon for performance, the city shall withhold the issuance of building permits until such time
as the improvements are installed and inspected per the city approved plans.
(Ord. 1452,passed - -2017)
§ 2-4-2 INSPECTION AND RELEASE.
(A) The subdivider, using the services of an Arizona registered professional civil engineer and plans as
approved by the city development services project engineer or his or her designee, shall be responsible for
the quality of all materials and workmanship. At the completion of the work, the subdivider's engineer of
record shall make an inspection of the improvements and shall submit a set of`as-built' construction plans if
complete or a report on the status of improvements if only partially complete to the city development services
project engineer or his or her designee. The development services project engineer or his or her designee will
review the as-built plans and/or report and notify the developer of any non-compliance with the approved
construction plans or with any regulations.
(B) The following certification shall be sealed, signed and dated by the subdivider's engineer of record, or
any licensed civil engineer in the State of Arizona, on the as-built plans. The as-built plans shall be approved
by the development services project engineer or his or her designee. The certification statement shall read as
follows: "In my professional opinion, the constructions of all required improvements have been completed in
substantial conformance with the city approved plans and specifications including changes and addendums.
My professional opinion is based, in part, upon the completion of certain tests and measurements and/or the
review of the results of such tests and measurements completed by others."
(Ord. 1452,passed - -2017)
ARTICLE 2-5: ADMINISTRATIVE SU DIVI I ; LAND
SPLITS/MINOR LAND DIVISION,
LOT LINE ADJUSTMENT, AND LOT COMBINATION
Section
2-5-1 Applicability
2-5-2 Enforcement
2-5-3 Land split application and approval procedures
2-5-4 Lot line adjustment
2-5-5 Lot combination
§ 2-5-1 APPLICABILITY.
19
(A) The regulations contained in this Article shall apply to all divisions of land created for sale or lease
within the corporate limits of Apache Junction, defined by this Article to be a land split.
(B) It shall be unlawful for any person,partnership or other legal entity to create for sale or lease any
parcel that is subject to the requirements of this Article until a recorded land split map and accompanying
deeds complying with the provisions of this article has been approved by the city.
(C) An approved land split map shall be null and void, if the appropriate deeds regarding said land split
are not recorded within 12 months of city approval.
(D) The following are the requirements for the division of land that shall proceed through the subdivision
process:
(1) The division of any property into 2 or more parcels, if a new public street is involved.
(2) The division of any property, the boundaries of which have been fixed by a recorded subdivision
plat, into more than 2 parcels.
(3) The creation of 4 or more units having the right of exclusive occupancy coupled with an undivided
interest in the land, such as in a condominium, horizontal property regime, cooperative, community
apartment, townhouse or similar project.
(E) The creation of up to 3 units having the right of exclusive occupancy coupled with an undivided
interest in the land, such as in a condominium, horizontal property regime or similar project, shall proceed
through the land split map process.
(F) Where land is taken from platted or unplatted parcel(s)is added to an adjacent parcel through
recording a deed, a boundary adjustment need not be filed with the city,provided that the proposed
adjustment does not:
(1) Create any new lots;
(2) Render any existing lots substandard in size or shape;
(3) Render substandard the setbacks of existing development; or
(4) Impair any existing access, easements or public improvements.
(Ord. 1452,passed - -2017)
§ 2-5-2 ENFORCEMENT.
Apache Junction City Code, Volume 11, §§ 2-1-21, 2-1-22 and 2-1-23 shall apply.
(Ord. 1452,passed - -2017)
§ 2-5-3 LAND SPLIT APPLICATION AND APPROVAL PROCEDURES.
(A) Approval of map. The division of land defined by this article requires the approval of a land split map
by the development services director or his or her designee or the city council.
(B) Purpose. The purpose of the land split map review is to determine the appropriateness of the access
and lot design with respect to the contours of the land, to determine if the setbacks of existing development
are being rendered nonconforming with the creation of new lot lines, to determine if a subdivision is being
created, and to determine whether or not the proposed land split conforms with city policies and ordinances.
(C) Pre-application conference.
(1) The pre-application conference stage of the land split review is an investigatory period which
precedes the preparation and the submittal of the application. The applicant shall present his or her proposal
to the planning division, which shall advise the applicant of specific public objectives, standards and
regulations related to the property and the procedure for land split review.
(2) This stage of processing affords the planning division the opportunity to give informal guidance at a
time when potential conflicts can be most easily resolved, additional requirements or may be discussed, and
undue expense and delay are saved by the applicant.
(D) Application requirements. Applicants requesting land split map approval shall submit the following to
the planning division:
(1) A completed application form;
(2) Fees as specified in the Apache Junction City Code, Vol. I, Chapter 4, Fees, Article 4-4;
(3) Three 18" x 24" blueline or blackline prints folded into a 9"x12" size. One Mylar print(shall be
submitted later, but prior to final approval of the land split map);
20
(4) Proof of ownership, such as a copy of the deed to the land, and a signed statement in the application
form affirming current ownership. If discrepancies arise in verification, then applicant may be required to
provide additional proof of ownership, such as a vesting or title report; and
(5) After final review and all corrections have been made, one 18"x24" Mylar final land split map shall
be submitted for development services director's signature.
(E) Planning Division review. The planning division shall review the application and make a
determination as to its completeness. The planning division shall advise the applicant of deficiencies if the
application is determined to be incomplete.
(F) Recommendations. Upon determining that an application is complete, the planning division may
distribute materials to the following agencies for their recommendations:
(1) Other city departments;
(2) Fire District Chief, and
(3) Any other relevant agency.
(G) Land split map requirements. The following are the requirements for the minor division/landsplit of
land, lot combination, and lot line adjustment that shall proceed through the process of the preparation of
results of survey map:
1. Depth-to-width ratio of the lot shall usually be not greater than 3:1
2. Every lot shall abut a public or private street at a minimum frontage designated by the zoning district.
3. Curvilinear lot lines are not allowed.
4. Lot lines shall consist of a series of straight lines with no turn angles or curvilinear interior lot lines.
The division line shall be straight from front property line to rear property line or from side to side.
5. No flag lots are allowed (Defined as: a long, slender strip of land resembling a flag pole that extends
from the typically rectangular main section of the lot or the "flag"to the street).
6. Lot width, depth and area shall comply with the minimum requirements of the zoning ordinance and
shall be appropriate for the location and character of the development proposed and for the type and
extent of street and utility improvements being installed.
(1) The final land split map shall be submitted on a reproducible Mylar film drawn with India ink, or
similar permanent ink, at a scale large enough to show all details clearly(normally 1 inch= 100 feet or
larger) on a sheet 18" x 24". A line shall be drawn around the sheet leaving a margin of 1 inch, and a left
margin of 2 inches.
(2) The land split map shall show or contain the following information:
(a) A title to read: "Apache Junction Land Split Map (case number);
(b) Graphic and written scale, north indicator, and date of preparation;
(c) Legal description of the parent parcel, and each proposed new lots;
(d) Location and description of existing and proposed monuments to which all bearings, dimension,
angles and similar data shall be referenced. Such data shall be tied to the city datum system;
(e) Boundaries of the property fully balanced and closed, showing all bearings and distances (in feet
and decimals thereof), determined by an accurate survey in the field. Boundary closure calculations are
required with error of closure;
(f) By note or a legend, identify any symbols used on the map;
(g) Bearings and dimensions of all existing parcel lines and proposed lot lines, with each new lot
identified by letter and indicating the net area in square feet of each lot;
(h) Name, course, length and width of existing and proposed street dedications;
(i) Location, length; and width of existing and proposed access, utility,public service and drainage
easements. No more than 1 lot or parcel may be granted a private access easement across another abutting
lot;
0) The identification of adjacent subdivisions and land split maps by record data;
21
(k) Flood zone information and delineation on the map of any areas identified on the flood insurance
rate map as special flood hazard areas. Also, tributary washes outside the special flood hazard areas shall be
delineated;
(1) The location of existing structures;
(m) Name of owner or trustee;
(n) Engineer's or surveyor's certificate:
"This is to certify that the survey and the map of the division of land described herein was accurately done
under my direction and that all lots are staked or will be staked and all monuments are set or will be set
within 1 year after recordation.
Signature Date Registration No. Seal"
(o) Certificate of approval:
"This is to certify that this map complies with the requirements of the City of Apache Junction; and that
this land split map is hereby approved on this day of , 20_.
By:
Development Services Director"
(H) Evaluation criteria. The development services director or his or her designee and the city council (in
the case of an appeal), in evaluating and making decisions on land split proposals, shall consider the
following criteria:
(1) The land split proposal's consistency with the city's general plan;
(2) The proposal's conformity to the city's zoning ordinance;
(3) The proposal's conformity to Vol. II, Articles 2-3 and 2-4 of this chapter and other applicable
sections of the city's subdivision regulations;
(4) The proposal's conformity with the city's street classification plan;
(5) The proposal's lot size and design in respect to the site's topography;
(6) The identification of any setback problems with respect to any existing development on the property
and the new lot boundaries to be created;
(7) A determination from the title information and lot/street design that a subdivision is not being
created;
(8) That the signatures on the land split map have been affixed with India ink, or similar permanent ink,
and other requirements for recordation are complied with; and
(9) Other pertinent criteria.
(I) Decision. The development services director or his or her designee shall render a decision on the
proposed land split. If approved, then 1 finalized Mylar land split map shall be submitted to the development
services director or his or her designee for final signature and recordation, and a copy of the recorded land
split shall be sent to the applicant. If the proposed land split is denied, a notice of the decision shall be sent to
the applicant advising him or her that he or she may appeal the decision of the director or his or her designee
to the city council. If approved, the applicant shall submit the following:
(1) A final,recordable,reproducible, mylar map 18" x 24" consistent with the approved land split map.
(2) The format for recording shall meet all requirements of the county recorder's office.
(3) Once approved by the city, the city shall record the land split map with the county recorder's office
within 60 days of approval. The original mylar of the recorded land split map shall become the property of
the city.
(4) Within 1 year of land split map approval, the owner/applicant shall record deeds for the new lots and
shall utilize the approved legal descriptions for the newly created lots, as transcribed on the approved land
split map.
(5) Owner/applicant shall provide the planning division with copies of the recorded deeds within 1 year.
Failure to record the new deeds within 1 year of approval shall render the approved land split null and void.
(J) Appeal. An appeal of the director's decision must be filed, in writing, with the city clerk's office
within 30 days of the date of decision. The council shall consider the appeal no earlier than 14 days nor later
22
than 45 days from the date of the filing of the appeal.
(Ord. 1.452,passed - -201.7)
§ 2-5-4 LOT LINE ADJUSTMENT.
(A) Purpose and applicability. The lot line adjustment is an agreement between adjoining property
owners to adjust a common boundary line which does not result in a net gain in the number of lots or parcels.
For purposes of this article, a lot line adjustment shall conform to the following provisions:
(1) A lot line adjustment between owners of adjoining properties within the same recorded final plat
solely for the purpose of revisions to common boundary lines; and
(2) Additional lots or parcels are not being created; and
(3) All lots remaining after the lot line adjustment shall contain conforming setbacks and minimum lot
size, width, depth, and frontage as required by the zoning ordinance, and shall meet all other lot development
standards of the zoning ordinance.
(B) The council hereby grants the development services director or his or her designee, hereinafter
referred to as "director,"the power and authority to administratively review and approve or disapprove of
minor adjustments of lot line boundaries for parcels within the city, as per the regulations contained herein.
(C) General standards.
(1) All lot line adjustments shall comply with all the requirements of the specific zoning district in
which the divisions are located. This includes compliance with the following standards, if applicable:
(a) Minimum lot size.
(b) Minimum lot width.
(c) Minimum setbacks.
(d) Minimum yard or frontage requirements.
(2) No lot line adjustment shall result in more dwelling units than are permitted by the zoning district for
which the lot or parcel is located.
(3) No lot line adjustment shall result in a split zoning classification on a single lot or parcel.
(4) No lot line adjustment shall result in the creation of a non-conforming structure or use.
(5) No lot line adjustment shall result in a lack of legal access as defined by city standards to any lots or
parcels created by the division.
(D) Application requirements. This section outlines the minimum information needed to enable the city to
make informed and expeditious decisions regarding applications for lot line adjustments. Unless exempted by
the director or his/her designee, the information contained in this section shall be provided by each applicant.
All mapped data shall be drawn to a scale of not greater than 1 inch equals 100 feet (1" = 100'). Unless
otherwise directed, the map data shall be drawn on a sheet size of 18 inches by 24 inches (18" x 24").
(E) Lot line adjustment application process.
(1) Completed city lot line adjustment application form shall be submitted to the director.
(2) Lot line adjustment survey submittal: 2 copies completed by a registered land surveyor in the State
of Arizona.
(3) Payment of an application fee as set by the council under the Apache Junction City Code, Vol. I,
Chapter 4, Fees, Article 4-4. Recording fees are separately applied by the county recorder's office.
(4) If necessary to accurately review the application, the director may require additional information to
be shown on the lot line adjustment map, including buildings, structures, streets, driveways, and other
information. If rejected, written notice shall be provided to the applicant via first class mail. The written
notice shall specify the reasons for denial.
(F) Decision. The director shall render a decision to approve or reject the application of the proposed lot
line adjustment within 30 days after submittal. If approved, then 1 finalized Mylar lot line adjustment map
shall be submitted to the director for final signature and recordation, and a copy of the recorded lot line
adjustment map shall be sent to the applicant. If the proposed lot line adjustment is denied, a notice of the
decision shall be sent to the applicant advising him or her that he or she may appeal the decision of the
director to the Board of Adjustment. If approved, the applicant shall submit the following:
(1) A final,recordable, reproducible, Mylar map 18 inches by 24 inches 18" x 24" consistent with the
23
approved lot line adjustment map.
(2) The format for recording shall meet all requirements of the county recorder's office.
(3) Once approved by the city,the city shall record the lot line adjustment map with the county
recorder's office within 30 days of approval. The original Mylar of the recorded lot line adjustment map shall
become the property of the city.
(4) Within 1 year of lot line adjustment map approval, the owner/applicant shall record deeds for the
new lots and shall utilize the approved legal descriptions for the newly created lots, as transcribed on the
approved lot line adjustment map.
(5) Owner/applicant shall provide the planning division with copies of the recorded deeds within 1 year.
Failure to record the new deeds within 1 year of approval shall render the approved lot line adjustment null.
and void.
(G) Appeal. An appeal of the director's decision to the Board of Adjustment shall be filed, in writing, with
the development services department within 30 days from the date of the Board's decision. The Board of
Adjustment shall consider the appeal as set forth in A.R.S. § 9-462.06.
(Ord. 1452,passed - -2017)
§ 2-5-5 LOT COMBINATION.
(A) Purpose and applicability. The lot combination process allows an owner of 2 or more contiguous lots,
which are not in a platted subdivision and/or in a planned development zoning district, to combine the lots
into 1 lot without a subdivision plat amendment. For purposes of this article, a lot combination shall conform
to the following provisions:
(1) The proposed lot combination shall not violate any provision of the city land development code, or
other provisions of applicable ordinances and regulations.
(2) The proposed lot combination shall not substantially reduce the amount of privacy currently enjoyed
by nearby property owners.
(3) The proposed lot combination shall not substantially and adversely affect traffic or traffic
circulation, drainage, sewage treatment systems, or other such systems.
(4) The lot combination does not create a situation where the proposed use of the property will create a
hazard or nuisance.
(5) The lots being combined shall be contiguous, and if in a platted subdivision, shall not include lots
located in another separate subdivision.
(6) The lots shall have the same owner.
(7) The lots being combined shall have the same zoning designation.
(8) The applicant shall obtain a new assessor parcel number through the county assessor's office.
(B) The council hereby grants the development services director or his or her designee, hereinafter
referred to as "director," the power and authority to administratively review and approve or disapprove a lot
combination of parcels within the city, as per the regulations contained herein.
(C) General standards.
(1) All lot combinations shall comply with all the requirements of the specific zoning district in which
the divisions are located.
(2) No lot combination shall result in more dwelling units than are permitted by the zoning district for
which the lot or parcel is located.
(3) No lot combination shall result in a split zoning classification on a single lot or parcel.
(4) No lot combination shall result in the creation of a non-conforming structure or use.
(5) No lot combination shall result in a lack of legal access as defined by city standards to any lots or
parcels created by the combination.
(D) Application requirements. This section outlines the minimum information needed to enable the city to
make informed and expeditious decisions regarding applications for lot combinations. Unless exempted by
the director, or his/her designee, the information contained in this section shall be provided by each applicant.
All mapped data shall be drawn to a scale of not greater than 1 inch equals 100 feet(1" = 100'). Unless
otherwise directed, the map data shall be drawn on a sheet size of 18 inches by 24 inches (18" x 24").
24
(E) Lot combination application process.
(1) Completed city lot combination application form shall be submitted to the director.
(2) Lot combination survey submittal: 2 copies completed by a registered land surveyor in the State of
Arizona.
(3) Payment of an application fee as set by the council under the Apache Junction City Code, Vol. I,
Chapter 4, Fees, Article 4-4. Recording fees are separately applied by the county recorder's office.
(4) If necessary to accurately review the application, the director may require additional information to
be shown on the lot combination map, including buildings, structures, streets, driveways, and other
information. If rejected, written notice shall be provided to the applicant via first class mail. The written
notice shall specify the reasons for denial.
(F) Decision. The director shall render a decision to approve or reject the application of the proposed lot
combination within 30 days after submittal. If approved, then 1 finalized Mylar lot combination map shall be
submitted to the director for final signature and recordation, and a copy of the recorded lot combination map
shall be sent to the applicant. If the proposed lot combination is denied, a notice of the decision shall be sent
to the applicant advising him or her that he or she may appeal the decision of the director to the Board of
Adjustment. If approved, the applicant shall submit the following:
(1) A final,recordable, reproducible, Mylar map 18 inches by 24 inches 18" x 24" consistent with the
approved lot combination map.
(2) The format for recording shall meet all requirements of the county recorder's office.
(3) Once approved by the city, the city shall record the lot combination map with the county recorder's
office within 30 days of approval. The original Mylar of the recorded lot combination map shall become the
property of the city.
(4) Within 1 year of lot combination map approval, the owner/applicant shall record a deed for the new
combined lot and shall utilize the approved legal description for the newly created lot combination, as
transcribed on the approved lot combination map.
(5) Owner/applicant shall provide the planning division with copy of the recorded deed within 1 year.
Failure to record the new deed within 1 year of approval shall render the approved lot combination null and
void.
(G) Appeal. An appeal of the director's decision to the Board of Adjustment shall be filed, in writing, with
the development services department within 30 days from the date of the Board's decision. The Board of
Adjustment shall consider the appeal as set forth in A.R.S. § 9-462.06.
(Ord. 1452,passed - -2017)
ARTICLE 2- 0 CONDOMINIUM PLATS AND CONDOMINIUM
CONVERSIONS
Section
2-6-1 Purpose
2-6-2 Applicability
2-6-3 General standards
2-6-4 Application process
2-6-5 Final plat approval
§ 2-6-1 PURPOSE.
The purpose of this section to establish requirements and procedures for new condominium developments
and condominium conversions for existing development so as to provide for the public health, safety and
general welfare through adherence to development standards as provided in this chapter and other applicable
city codes and ordinances, including adequate provision of utilities, water supply, sanitary sewerage and
similar common facilities.
(Ord. 1452,passed - -2017)
§ 2-6-2 APPLICABILITY.
Condominium and condominium conversion is subject to the regulations as described by A.R.S. Title 33,
25
Chapter 9, Condominiums, and Title 9, Chapter 6.2, Municipal Subdivision Regulations. The creation of a
condominium form of ownership for properties shall be through the subdivision platting process. There must
be a minimum of 4 units in order to qualify for a condominium through subdivision platting.
(ARS §§ 33-1201 et seq., and 9-463 et seq.).
(Ord. 1452,passed - -2017)
§ 2-6-3 GENERAL STANDARDS.
(A) General. The council shall not refuse approval of a final plat of a project described as a condominium
under provisions of this chapter because of location of buildings on the property shown on the plat and not
in violation of this chapter or on account of the manner in which airspace is to be divided in conveying the
condominium. Fees and lot design requirements shall be computed and imposed with respect to such plats on
the basis of parcels or lots on the surface of the land shown thereon as included in the project. Plats of such
projects may be based on building footprints but, as per state statute, they do not need to show the buildings
or the manner in which the buildings or airspace above the property are to be divided. This subsection does
not limit the power of the council to regulate the location of buildings in such a project by or pursuant to a
zoning ordinance.
(B) New condominium development. New condominium development shall be subject to the standard
procedures and requirements for development, as established by the city, including compliance with zoning
ordinances,building codes, design review and other applicable codes and ordinances.
(C) Condominium conversion. Condominium conversion of existing development shall be subject to final
plat approval by the commission and council.
(1) Disclosure report requirements: the subdivider shall submit an affidavit stating that the units to be
converted meet the applicable standards of the building code, and city code. Any subdivider who files a final
plat for a condominium, cooperative, community apartment, townhouse development, or manufactured home
subdivision, whether for the purpose of new development or the subdivision of an existing development,
shall submit a copy of a report on the physical condition of all buildings, structures, and other improvements
to the property to be subdivided prior to approval of a final plat by the mayor and council. This report shall
be made available by the subdivider to all prospective purchasers of the initial condominium units prior to
execution of a binding contract of purchase. The disclosure report shall be recorded with the appropriate
county recorder at the same time as the final plat. The report shall contain the following:
(a) A report describing the physical condition of elements of the structure, equipment, or appliances in
a unit, the repair or replacement of which will be the responsibility of the purchaser. The report shall state the
approximate date on which the element, equipment, or appliance was originally constructed or installed; the
approximate date on which it was subsequently replaced or will likely require replacement; and the current
estimated cost of replacement.
(b) This report shall not be construed to create any warranties, express or implied.
(c) A report containing information to be obtained from the fire district describing the extent to which
the buildings and structures to be converted by the plat submitted by the subdivider deviate from applicable
requirements of the fire code, and the city code in the following specified areas of fire safety:
1. Accessibility of buildings and structures to fire-fighting equipment; and
2. Proximity and frequency of fire hydrants; and
3. Description of the building construction rating for"party walls" and fire barriers between units.
(d) A statement of the estimated fees or assessments, if any, that the purchaser of a unit will pay, on a
monthly and yearly basis, for at least a 2 year period following purchase.
(e) A report from a licensed pest control operator on each building or structure and each unit within
the building or structure. A statement of the unit's average monthly utility costs, including water, sewer, trash
collection, electricity and natural gas, based on the preceding 12 month period, where the subdivider has
access to such utility cost data.
(2) Certificate of occupancy: prior to final plat Approval, evidence of building permits and/or certificate
of occupancy for the original construction must be submitted or the applicant must provide plans of the site
with the water distribution system and wastewater drainage system shown on as-built plans "signed and
26
sealed"by an Arizona registered professional engineer. Copies of the required Arizona Department of
Environmental. Quality("ADEQ") application for such may be submitted to fulfill this requirement. The
professional registrant shall also submit a"signed and sealed" statement that indicates that the existing
systems are properly installed and located as per building safety requirements. The statement shall indicate
the year the structure was built, the building codes in effect at the time of construction completion, if known,
and the results of independent testing of the"party walls" or fire barriers between units. Independent testing
of at least 10% of the units in the overall project, including at least 1 unit in each separate building shall be
required. This may require some site investigation by contractors to verify sizes and locations of systems and
the physical condition of building components. The results shall be provided for the building official to
review at the time the applicant applies for final plat approval.
(Ord. 1452,passed - -2017)
§ 2-6-4 APPLICATION PROCESS.
General requirements.
(A) Sanitary sewage, water supply and refuse disposal. It is the responsibility of the subdivider to provide
the Arizona Department of Environmental Quality ("ADEQ")with plans and applications for the design and
operation of sanitary sewer facilities, water supply and refuse disposal, as required.
(B) New condominium development. For condominium projects being developed through new
construction, the procedures for processing the application shall be the same as with other new development
with the exception that the subdivision may be submitted directly for final plat review to the commission and
council after preliminary approval by staff that the plat complies with all technical requirements. The
following steps are required for the review of new condominium development:
(1) Development Review Committee.
(2) Submittal of final plat for technical review by staff.
(3) Submittal of final plat to commission for review.
(4) Submittal of final plat to mayor and council for review and approval.
(C) Condominium conversion. Conversion of existing buildings to condominiums may proceed through an
expedited process; however, such proposals still require review by various city departments and applicable
agencies to ensure compliance with local and state requirements. Buildings constructed prior to issuance of
building permits or certificates of occupancy may be required to provide evidence of adequacy of water
distribution and wastewater drainage systems, as well as disclosure of building conditions as they relate to
building and fire codes through the preparation of a building condition report by an Arizona registered
professional that includes mechanical, electrical, and structural engineering analyses. The following steps are
required for the review of condominium conversion projects:
(1) Development Review Committee.
(2) Submittal of final plat for technical review by staff.
(3) Submittal of final plat to commission for review.
(4) Submittal of final plat to mayor and council for review and approval.
(Ord. 1452,passed - -2017)
§ 2-6-5 FINAL PLAT APPROVAL.
(A) The commission and mayor and council shall review the final plat submittal for the condominium and
make their determination for approval, approval with conditions or denial based on the requirements and
procedures indicated in the subdivision regulations, and subject to the following:
(1) That the proposed condominium subdivision conforms to the adopted goals, objectives and policies
of the city.
(2) That the proposed condominium subdivision will not be detrimental to the public health, safety, and
general welfare.
(3) That the proposed condominium subdivision is consistent with the provisions and intents of the
zoning code, as applicable to the property.
(4) That the proposed condominium subdivision conforms to the design standards set forth in this
chapter and other applicable city, county, state and federal regulations.
27
(B) After the applicant has received the required approvals, the final plat for the condominium
development may be submitted to the development services director for recording.
(1) Time limit. The applicant/subdivider shall have 6 months from the date of approval by the council to
submit all required materials and to demonstrate all conditions have been met.
(2) Copies. Three reproducible sets of the final plat shall be submitted to the development services
director.
(3) Fees. All development fees for subdivision and recording shall be received prior to the recording of
the final plat. Recording fees shall be made payable to the appropriate county recorder.
(4) Conditions, covenants and restrictions ("CC&Rs'). The subdivider shall submit 2 copies of the deed
restrictions that describe the responsibilities of the unit owners for maintaining common areas and facilities
and all other pertinent information and requirements as applicable.
(5) The director or his or her designee may require an applicant to adhere to all preliminary plat
requirements during the final plat process, such as, but not limited to, establishing an HOA and including
CC&Rs in its deeds setting forth the perpetual obligation to financially contribute for the maintenance of all
community areas such as private roads,pools, and playground and recreational areas.
(C) Assurances. Any assurances required for improvements in accordance with these regulations shall be
received and approved prior to recording of the final plat.
(D) Certificate of occupancy. After recording of the final plat the applicant may then apply for
certificate(s) of occupancy for the newly created condominiums from the development services department
and sell the units as condominiums in accordance with the requirements of the State of Arizona Department
of Real Estate.
(Ord. 1452,passed - -2017)
ARTICLE 2®7: DEFINITIONS.
For the purposes of this chapter, the following words and phrases shall have the meanings respectively
ascribed to them by this section. If not defined herein or within other sections of this chapter, words and
phrases used in this chapter shall have the meanings provided in any standard dictionary as determined by the
development services director or his or her designee.
ABUT. To touch or adjoin along a common border or property line.
ABUTTING. Same as ADJOINING.
ACCESS. The way or means by which pedestrians and vehicles enter or leave property.
ADJACENT. Next to or having a common boundary.
ADJOINING. Touching or bounding at a point or line.
AGENT. A person authorized, in writing,by an owner, to act in the owner's behalf for the purposes of
representing the owner's interest before an official city body with regard to the development or non-
development of the owner's land.
ALLEY. A public right-of-way which affords a secondary means of vehicular access to properties
adjoining the ALLEY and being on the side or rear of such properties.
AMENDMENT. Any repeal, modification or addition to a regulation; any new regulation; any change in
the numbers, shape,boundary or area of a district or in a plat; or any repeal or abolition of any map,part
thereof or addition thereto.
APPELLANT That person or agency filing appeals,paying fees, and complying with the procedural
requirements as stated in this chapter.
APPLICANT. That person or agency initiating action for changes or amendments,paying fees, and
complying with the procedural requirements as stated in this chapter.
APPROVED LENDING INSTITUTION. Any of the following listed institutions, and any other lending
institution approved by the city engineer:
(1) Bank;
(2) Credit union; or
(3) Mortgage lending company currently approved by the Federal Housing Administration to act as a
mortgagee, and qualified to transact business in the State of Arizona, and having a business office within the
28
Phoenix metropolitan area.
BLOCK A piece of Land, or parcel of land, or group of lots, entirely surrounded by public streets, private
streets, water courses,parks, greenways, or a combination thereof.
CC&R. Conditions, covenants and restrictions. See also PROTECTIVE COVENANT.
CEMETERY. Any one or combination of more than one of the following, in a place dedicated and used or
intended to be used for cemetery purposes:
(1) A burial park, for earth interment;
(2) A mausoleum, for crypt or vault entombments; or
(3) A crematory, or a crematory and columbarium, for cinerary interments.
CHANNEL. A natural or artificial water course, including dry washes, at perceptible extent with definite
bed and banks to confine and conduct continuously or periodically flowing water.
CONDITIONAL APPROVAL. An affirmative action indicating that approval will be forthcoming upon
satisfaction of certain specified stipulations or conditions.
CONDOMINIUM. Any real estate, portions of which are designated for separate ownership and the
remainder of which is designated for common ownership solely by the owners of the separate portions. Real
estate is not a condominium unless the undivided interests in the common elements are vested in the unit
owners.
CONSER VA TION EASEMENT. A power invested in a qualified private land conservation organization
or government to constrain, as to a specified land area, the exercise of rights otherwise held by a landowner,
so as to achieve certain conservation purposes.
CONSER VA TION LANDS. Retention or acquisition of land for the purposes of preservation and public
use.
CONTROLLED ACCESS HIGHWAY. A divided expressway, including an interstate highway, which
provides at least 2 moving lanes in each direction and for which curb cuts are prohibited and access is fully
controlled. These generally serve high-speed interregional traffic or traffic which has either its origin or
destination outside the city. Intersections have grade separations and are fully controlled. These routes are
continuous throughout the area.
CROSS SLOPE. The percent of slope measured at right angles to the natural contours along a line
passing through the center of a probable building site. The lot CROSS SLOPE shall include the differences
in the elevation of the natural grade and the elevation of the street giving access to the lot where this
inclusion is necessary to provide safe and convenient access to the lot cut.
DESIGN. The street alignment, grades and widths, alignments and widths of easements and rights-of-way
for drainage and utility locations and the arrangement and orientation of lots.
DEVELOPER. The person, individual, firm, corporation,partnership, association, syndication, trust or
other legal entity or his,her or its successor, assignee or heir who intends to develop land for commercial,
industrial or multiple-family or other residential purposes in accordance with the provisions of this chapter.
DRAINAGEWAY. An alignment for the purpose of routing stormwater.
EASEMENT. An interest in a defined area of land granted to or owned by another that entitles its holder
to specific limited uses and/or purposes.
ENGINEERING PLANS. Plans,profiles, cross-sections and other required details, including narrative or
reports, for the construction of improvements,prepared by a registered engineer in accordance with the
approved preliminary plat and in compliance with standards of design and construction approved by the city.
EXCEPTION. In legal descriptions of the area to be subdivided, that portion of lands to be deleted or
excluded from the subdivided land.
FILL. The placing, storing or dumping of any material, such as (by way of illustration, but not of
limitation) earth, clay, sand, concrete, rock, rubble or waste of any kind upon the surface of the ground which
results in increasing the natural ground surface elevation.
FILL,SOLID. Any non-combustible material insoluble in water, such as soil,rock, sand or gravel that
can be used for grading land or filling depressions.
FINAL APPROVAL. Approval by the council of the final plat as evidenced by the signatures required to
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complete the certifications necessary for final plat authorization to record the plat.
FINISH GRADE. The final grade or elevation of the ground surface after grading is completed.
FLAG LOT. Along, slender strip of land resembling a flagpole that extends from the typically
rectangular main section of the lot or the"flag"to the street.
FREEBOARD. A factor of safety usually expressed in feet above a design flood level for flood
protection.
GENERAL PLAN. An official public document adopted by the council in accordance with A.R.S. § 9-
461 and which is a comprehensive, general and long-range policy guide for present and future development
with any supplements thereto and which may include elements on but not limited to land use, housing,
recreation, streets, schools, governmental services, utility provisions and environmental considerations.
GRADE. The degree of inclination or declination.
GRADING. Any excavating or filling or combination thereof, including:
(1) The conditions resulting from any excavation or fill;
(2) Any alteration of the natural drainage pattern; or
(3) The removal or rearrangement of surface soil.
GROSS LOT AREA. The area of a lot or parcel, including all non-dedicated road rights-of-way and
easements.
HOMEOWNERS'ASSOCIATION. An association of real property owners having responsibilities with
respect to common property of a project or specific area or subdivision, including but not limited to
condominium associations.
IMPROVED LOT OR PARCEL. A lot or parcel of a subdivision upon which there is a residential,
commercial, industrial or public building or structure, or concerning which a valid building permit is in effect
to erect such an improvement.
IMPROVEMENTS. Such street work and utilities required to be installed or agreed to be installed by the
subdivider on land to be used for public or private streets, highways, alleys, pedestrian ways and easements
as are necessary for the general use of the lot owners in the subdivision and local neighborhood and for
through traffic and drainage needs, and required as a condition precedent to the approval and acceptance of
the final plat map, and may include but is not limited to street improvements-survey monuments, street
name signs, guardrails,barricades, safety devices, fire hydrants, grading, retaining walls, storm drains, and
flood control channels, erosion control structures, landscaping, sanitary sewers, streetlights, and other
facilities as are required by the council, as well as utility installations (water, electric, gas, telephone).
IRRIGATION FACILITIES. Canals, laterals, ditches, conduits, gates,pumps and allied equipment
necessary for the supply, delivery and drainage of irrigation water and the construction, operation and
maintenance of such.
LAND SPLITS. The division of improved or unimproved land the area of which is 2.5 acres or less into 2
or 3 tracts or parcels of land for the purposes of sale or lease.
LOT. A parcel of real property with a separate and distinct number or other designation shown on a plan
or parcel map recorded in the office of the Pinal or Maricopa County Recorder's Office, or a parcel of real
property delineated on an approved record of survey, parcel map or subdivision map as filed in the office of
the Pinal or Maricopa County Recorder and abutting at least one public street or right-of-way, or easement
determined to be adequate for the purpose of access. The word LOT is synonymous with the word PLOT or
PARCEL.
LOT AREA. The total area of a lot measured in a horizontal plane, included within the lot lines of a lot or
parcel of land. Also see GROSS LOT AREA and NET LOT AREA.
LOTAREA,MINIMUM. See Vol. 11, § 1-1-4(C)(3)0), Zoning Ordinance.
LOT, CORNER. A lot abutting on 2 or more intersecting streets where the interior angle of intersection
does not exceed 135 degrees.
LOT DEPTH. The average horizontal distance between the front and rear lot lines measured in the mean
direction of the side lot lines.
LOT,DOUBLE FRONTAGE(see also LOT, THROUGH). An interior lot abutting 2 parallel or
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approximately parallel streets.
LOT, FRONTAGE. A lot boundary line at any point where it abuts a street, right-of-way or easement.
LOT,INTERIOR. Any lot that is not a corner lot.
LOT,KEY. An interior lot, one side of which is contiguous to the rear line of a corner lot.
LOT LINE. The legal boundary of a lot or parcel.
LOT LINE ADJUSTMENT. A procedure that maybe used under certain specified circumstances as a
method for making minor revisions to property lines between 2 or more existing lots within the same
subdivision.
LOT LINE, FRONT. On an interior lot, the front lot line is the property line abutting the street where
access is provided. On a corner lot, the front lot line is the shorter property line abutting a street, except in
those cases where the subdivision or parcel map specified another line as the front lot line. On a through lot
or a lot with 3 or more sides abutting a street or a corner lot with lot lines of equal length.
LOT LINE,INTERIOR. A lot line not abutting a street.
LOT LINE,REAR. A lot line not abutting a street which is opposite and most distant from the front lot
line. In the case of an irregular-shaped lot, a line within the lot,parallel to and at a maximum distance from
the front lot line,having a length of not less than 10 feet; also a lot which is bounded on all sides by streets
may have no rear lot lines.
LOT LINE,SIDE. Any lot boundary line, not a front or rear lot line. In the case of a corner lot, the lot
line abutting the street side and which is not the front lot line shall be termed an EXTERIOR SIDE LOT
LINE; all other side lot lines are termed INTERIOR SIDE LOT LINES.
LOT OF RECORD. A lot which is part of a legal subdivision recorded in the office of the county clerk in
the county in which the lot is located, or a lot or parcel described by metes and bounds, or by a rectangular
survey system.
LOT OF RECORD, PREEXISTING NONCONFORMING. A tract of land on the date of adoption of
this chapter that:
(1) Has less than the prescribed minimum lot size, width or depth, or any combination thereof, for the
zoning district within which it is located;
(2) Is shown by a recorded plat or deed to have been owned separately and individually when creation
of a lot of such size, width or depth, or any combination thereof existed at that location; and
(3) Has remained in separate and individual ownership from adjoining tracts of land continuously during
the entire time that creation of such a lot has been prohibited by the applicable zoning regulations.
LOT, THROUGH. An interior lot abutting 2 parallel or approximately parallel streets.
LOT, USABLE AREA. That portion of a lot usable for or reasonably adaptable to the normal use for
which the lot is intended and not including area which is covered by water, is excessively steep, or has its
normal use restricted by certain types of easements or setbacks.
LOT WIDTH. The distance between side lot lines measured perpendicular to the lot depth at the front
setback line.
LOW IMPACT DEVELOPMENT. Systems and practices that use or mimic natural processes that result
in the infiltration, evapotranspiration or use of stormwater in order to protect water quality and associated
aquatic habitat.
MARGINAL ACCESS STREET. A residential or non-residential street parallel and adjacent to a major
thoroughfare, which provides access to abutting properties with protection from through traffic.
NET LOT AREA. The area of lot or parcel, excluding dedicated and non-dedicated public road rights-of-
way.
OBSTRUCTION,ARTIFICIAL. Any hindrance which is not naturally existing.
OPENSPACE LANDS. The area or areas of a lot,parcel, or tract intended to provide light and air, and is
designed and set aside for either scenic, aesthetic, conservation, or recreational purposes, excluding
buildings,parking,man-made retention areas, driveways and other vehicular surfaces.
OWNER. The person or legal entity who has the right to possess and use real property to the exclusion of
others.
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PARENT PARCEL. A large parcel of land from which smaller parcels have been subdivided.
PEDESTRIAN WAY. A public walk dedicated entirely through a block from street to street or parallel to
a street and/or providing access to a school, park,recreation area or shopping center.
PERSON. Any individual, corporation, partnership, company, firm, association or any other form of
multiple organizations which may carry on business, foreign or domestic, or its successors or assignees, or
the agent of any of the aforesaid.
PLAT. A map of a subdivision.
PLAT, FINAL. A final map, including supporting data and attachments of all or part of a subdivision
essentially conforming to an approved preliminary plat and prepared in accordance with this Chapter and any
other applicable statutes.
PLAT,PRELIMINARY. A preliminary map, including supporting data and attachments, indicating a
proposed subdivision prepared in accordance with this chapter and any other applicable statutes.
PLAT,RECORDED. A final plat, including supporting data and attachments, and containing all of the
certificates of approval required by this chapter and the state of Arizona and recorded in the county
recorder's office of the county within which the subdivision is located.
PRINTS. To include but not limited to making reproductions of the original document by blueline or
blackline (ozalid)prints.
PRIVATE ACCESS WAY. Any private street or private way of access to one or more lots which is
owned and maintained by an individual or group of individuals and has been improved in accordance with
city standards and plans approved by the development services project engineer.
PROTECTIVE COVENANT. A restriction on specified uses of private property within a subdivision for
the purpose of providing mutual protection against undesirable aspects of development, usually in the form
of an express agreement between the lot purchasers and the lot sellers (usually subdivider).
PUBLIC IMPROVEMENT PERFORMANCE STANDARDS(ENGINEERING STANDARDS). A set
of regulations setting forth the details, specifications and instructions to be followed in the planning, design
and construction of certain public improvements in the city.
RECLAMATION. A process of restoring land to its former or other productive use which achieves a
stable ecological state, and which does not contribute substantially to environmental deterioration or the
degradation of surrounding aesthetic values.
RETENTION BASIN/AREA. A pond, pool,basin, or area used for the permanent storage of water runoff.
RIGHT-OF-WAY. The entire strip of land lying between the property lines of a street, thoroughfare, or
alley dedicated to the public and over which exists a legal right of passage by other persons.
SALE or LEASE. Every disposition, transfer or offer, or attempt to dispose of or transfer land in a
subdivision or an interest therein by a subdivider or his or her agent, including the offering of such property
as a gift or prize if a monetary charge or consideration for whatever purpose is required by the subdivider or
his or her agent.
SEPTIC SYSTEM. A sewage system usually consisting of aseptic tank, distribution box, and septic field
or dry-well with service connecting pipes.
SPITE STRIP. Strip of land which a grantor reserves in title for himself/herself when transferring a larger
interest in land with the intent of compromising the transaction or any development.
STREET. A way designated or intended for general public use, accepted by the council, as a public
right-of-way open to vehicular and pedestrian travel or a street shown on a plat heretofore approved pursuant
to law or approved by official action; or a street on a plat duly recorded in the county recorder's office. It
shall not include a controlled access highway, thoroughfare, alley,private street or private driveway, but shall
include "avenue," "boulevard," "circle," "court," "drive," "lane," "place," "road," "row," "walk" and other
similar designations. Also included is the land between the right-of-way lines, whether improved or
unimproved, and may comprise pavement, shoulders, curbs, gutters, sidewalks, viaducts, bridges, utilities,
lawns and parking areas. Street types shall include the following:
(1) ARTERIAL. Provides for through traffic movement between areas of the city and which is used or
is intended to be used as part of the principal network for through traffic within the city.
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(2) COLLECTOR. That which is used or is intended to provide for the movement of traffic between
major arterials and local streets within the city and may have direct access to abutting property.
(3) CUL-DE-SAC, A local street having only one outlet for vehicular traffic with a turn-around at the
opposite end.
(4) FRONTAGE. A local street which is parallel to and adjacent to an arterial, limited access highway
or thoroughfare, and which provides access to abutting land while relieving them of the effects of through
traffic on the adjacent parallel facility. (Also referred to as MARGINAL ACCESS STREET.)
(5) LOCAL. Used primarily for providing direct access to abutting land and for local traffic movement
connecting to collector and/or arterial streets.
STREET, CENTERLINE OF A line established as a centerline of a street by any state, county,
municipality or other official agency or governing body having jurisdiction thereof and shown as such on an
officially adopted or legally recorded map. Where street lines are indeterminate or where no official
centerline of a street exists, the CENTERLINE shall be established by the director of public works or his or
her designee.
STREET CLASSIFICATION PLAN. A plan which provides for the development of a system of major
streets and highways, including the location, width and alignment of existing and proposed thoroughfares.
STREET LINE. A line defining the edge of a street right-of-way and separating the street from abutting
property or lots. If on the Street Classification Plan duly adopted by the council a street is scheduled for
future widening, the proposed right-of-way line shown on the plan shall be the STREET LINE.
STREET WIDTH. The distance between street lines, measured at a right angle to the centerline of the
street.
SUBDIVIDER. A person, firm, corporation,partnership, association, syndication, trust or other legal
entity that files the application and initiates proceedings for the subdivision of land in accordance with the
provisions of this chapter and any other applicable ordinance or statute, except that an individual serving as
agent for such legal entity is not a SUBDIVIDER.
SUBDIVIDER AGREEMENT. A written document submitted to and approved by the city setting forth
certain agreements as to the development of the subdivision.
SUBDIVISION or SUBDIVIDED LANDS.
(1) Improved or unimproved land or lands divided or proposed to be divided for the purpose of
financing, sale or lease, whether immediate or future, into 4 or more lots,tracts or parcels of land or, if a new
street is involved, any such property as is divided into 2 or more lots, tracts or parcels of land or any such
property, the boundaries of which have been fixed by a recorded plat which is divided into more than 2
parts. SUBDIVISION also includes any condominium, cooperative, community apartment, townhouse or
similar project containing 4 or more parcels in which an undivided interest in the land is coupled with the
right of exclusive occupancy of any unit located thereon, but plats of such projects need not show the
buildings or the manner in which the buildings or airspace above the property shown on the plat are to be
divided.
(2) SUBDIVISION does not include the following:
(a) The sale or exchange of parcels of land to or between adjoining property owners if the sale or
exchange does not create additional lots;
(b) The partitioning of land in accordance with other statutes regulating the partitioning of land held
in common ownership; or
(c) The leasing of apartments, offices, stores or similar space within a building or trailer park, nor
mineral, oil or gas leases.
SURVEYOR. A registered land surveyor authorized to practice in the State of Arizona under A.R.S. Title
32.
TRACT. A defined area of land regardless of size.
UNIMPROVED LOT OR PARCEL. A lot or parcel of a subdivision which has no development.
UTILITIES. Installations or facilities, underground or overhead, furnishing for the use of the public(e.g.,
communication, drainage, electricity, gas, water, sewer, stormwater disposal, solid waste disposal and steam)
33
which are owned and operated by any person, firm, corporation,municipal department or board duly
authorized by state or municipal regulations. UTILITY or UTILITIES may also refer to such persons, firms,
corporations, departments or boards as sense requires.
WALKWAY, COMMON. Any parcel of land privately owned, contained within a building site area, and
appropriated to the passage of tenants, employees or owners, but not a private walkway.
WALKWAY, PRIVATE. Any parcel of land or extension of a dwelling unit appropriated to the passage of
the resident of that dwelling unit to a common walkway,public walkway, driveway or street.
WALKWAY, PUBLIC. Any parcel of land appropriated and dedicated by action of the council to the free
passage of the general public.
WATER SUPPLY. Such system and distribution facilities as are necessary to provide a reliable and
adequate amount for private use and public fire protection services.
ZONING. The public regulation of the character and intensity of the use of real estate.
(Ord. 1452,passed - -2017)
APPENDIX: PRELIMINARY AND FINAL PLAT CONDITIONS
The preliminary and final plat shall conform to the city's zoning ordinance requirements, specific zoning
stipulations, and subdivision regulations. The following information shall be provided on the preliminary and
final plat:
Legend
X = Required
Not Required
S = Requirement Satisfied
Pre-
Required Submittal plat Plat for Final
MPC
Submittal Requirements
(1) The maximum allowable drawing size is 24" x 36". X X X
(2) Scale no smaller than 1 inch= 100 feet. The scale shall be noted X X X
on each sheet.
(3) The minimum height of all text and lettering shall be 0.125 inch X X X
(1/8 inch),provided in full density black ink.
Cover sheet information
(4) The subdivision's name. X X X
(5) The subdivisions location as defined by its section, township,
range, and county shall be shown on the final plat. This information
shall be included in the heading portion of the cover sheet. If the X X X
subdivision is located in part or total over a previously recorded
plat,make appropriate record reference in the heading statement.
(6) Vicinity map with city limit lines shown, if adjacent to the X tl
X
proposed subdivision.
(7) Sheet Index is required when the preliminary/final plat contains X X X
more than 2 sheets.
(8)Developer's name, address and phone number. X X —
(9)The design professional's name, address and phone number. X X —
(10)All elevations shown on the preliminary plat shall be
referenced to an approved city benchmark per NAVD 88. The X X —
benchmark number, description and elevation shall be shown.
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(11) Site data to include: gross area, net area, open space
percentage, number of lots, existing and proposed zoning, density
percentage, lot area table in square feet and acres, curve and line X X X
data table, tract use and area table in square feet and acres showing
all tracts that will be dedicated to the city.
(12)Property legal description for the exterior boundaries of the X X -
subdivision.
(13)Add the following notes:
a) All tracts not dedicated to the City of Apache Junction shall be
improved in accordance with the approved plans and deeded to the
Homeowners' Association upon recordation of the final plat. Tracts
shall not be conveyed to any private or public entity without prior
City Council approval.
b) The maintenance of landscaping and drainage areas either
within the public right-of-way and/or up to a perimeter wall or
fence or private yard shall be the responsibility of the homeowners'
association or the abutting lot, tract or parcel owner.
c) Construction within utility easements shall be limited to
utilities, fences and driveways.
d)No structures, earthwork or other construction shall be carried
out in drainage paths or retention basins as shown on the approved
improvement plans and, except as may be approved by the
Development Services Project Engineer. Fencing shall be limited to
wire-strand or break-away sections that cannot impede water flow X X X
or collect debris which would impede water flow. Vegetation shall
not be planted nor allowed to grow within drainage paths,
easements or retention basins which would impede the flow of
water.
e) Maintenance of the drainage areas within the tracts and
easements shall be the responsibility of the
Homeowners' Association. Should the
Association not adequately maintain them, the governing entity
having jurisdiction over the area in which the tract or the easement
is located, at its discretion, may enter upon and maintain the
drainage areas, and assess the Homeowners' Association, its
successors and/or benefiting properties the cost of maintenance.
f)The overhead utility lines on or adjacent to the site shall be
undergrounded as outlined in § 1-8-6(K), Relocation of Overhead
Wires and Equipment, Zoning Ordinance, Vol. II, Apache Junction
City Code. All existing and proposed onsite overhead utility lines
shall be placed underground.
g) The city or any governing entity having jurisdiction over the
final plat shall have the right to enforce all notes shown and
associated with the final plat on the Homeowners' Association or
all future owners, assigns and successors in interest and/or
benefiting properties.
h) Should the Homeowners' Association not pay property taxes on
any tract they own within the subdivision at any time in the future
and lose the property through tax foreclosure or forfeiture or
35
dissolve, the city or the governing entity having jurisdiction over
the area in which the tract or the easement is located, shall assess,
lien, and/or collect from any successor in interest and/or benefiting
properties the cost of maintenance of all improvements, drainage
facilities, landscaping and amenities.
(14) The basis of bearings shall be shown with a reference to
appropriate horizontal control as outlined in § 10-1-4(B)(2) X X X
Horizontal and Vertical Control, Engineering Standards, Vol. II,
Apache Junction City Code.
(15)A key map shall show all tracts,parcels and lots by number or X
letter.
(1.6) The name, address and registration number of the registered
land surveyor preparing the final plat shall be shown on the plat — X
with the state of Arizona seal, signature, and date provided.
(17) Street right-of-way dedication to the city and a note
referencing drainage, utility, roadway easements stating: X
"Easements are dedicated for the purposes shown" shall be
mentioned in the dedication statement.
(18) Add the following certifications:
a) This is to certify that this final plat is a correct representation
of all the exterior boundaries of land surveyed and the subdivision
of it; that I have prepared the description of the land shown on the
final plat and I hereby certify to its correctness, and that all lots are
staked or will be staked and all monuments are set or will be set
within 1 year after recordation.
Seal and signature of the Arizona registered land surveyor
b) This final plat has been checked for conformance with the
requirements of the Land Development Code and any other
applicable ordinance and regulations and that assurances have been
provided for improvements in the amount of — X
Development Services Project Engineer Date
c) Approved by the Council of the City of Apache Junction,
Arizona this day of , 20 . And the City
Council accepts the rights-of-way dedicated herein on behalf of the
Public. The subdivider has provided a Certificate of Assured Water
Supply as required by Arizona Revised Statues (ARS) § 45-576 or
evidence that the area has been designated by the Arizona
Department of Water Resources as having an assured water supply.
BY:
Mayor
Attest:
City Clerk
(19) The following statement shall appear in the dedication
statement: — X
Tracts and , (include all
36
applicable tracts) are not to be construed to be dedicated to the
public or city,but are deeded to Homeowners'
Association for its use and enjoyment as more fully set forth in the
Declaration of Covenants, Conditions and Restrictions and said
Association shall be responsible for the maintenance thereof in
perpetuity, and shall not be redeveloped for any other non-amenity
or non-drainage purpose.
(20) The dedication statement shall be signed by the land owner. If
the owner is a partnership, corporation, or limited liability
company, the Article of Incorporation or a certified copy of a — X
resolution by the Board of Directors authorizing the individuals
signing the final plat to act on its behalf is required.
(21) All holders of deeds of trust shall sign a lienholder ratification
statement as a beneficiary, if lands being subdivided are
encumbered. The following lienholder ratification statement shall
be shown:
Lienholder Ratification
Know All Men By These Presents:
That The Undersigned as Beneficiary of That Certain Deed Of
Trust Recorded In Fee No. , Records Of
Pinal County, Arizona, Hereby Ratifies, Affirms And Approves — X
This Final Plat, The Declaration Of Restrictions Recorded
Concurrently Herewith And Each And Every Dedication Contained
Herein.
IN Witness Whereof, The Undersigned Have Signed Their Names
This Day Of , 20_.
[Beneficiary Name as Shown in the Title Report]
By:
Its
(22) The following notary public acknowledgment statement is
required for the dedication statement and the lienholder ratification
statement:
Acknowledgment
State of )
) SS
County of )
On this day of , 20 , before me,
the undersigned, personally appeared , _ X
who acknowledged himself/herself to be the person whose name is
subscribed to the instrument within, and who executed the
foregoing instrument for the purposes therein contained.
IN WITNESS WHEREOF, I have hereunto set my hand and
official seal.
NOTARY PUBLIC
My Commission Expires:
Plat layout sheet information
(23)North arrows shall be shown on each sheet. X X IX
37
(24)A"Legend" for all symbols utilized on the plat shall be shown X X X
on each sheet.
(25) The existing topography shall be represented by a 2'maximum X X -
contours or better data, if available.
(26) All existing buildings and significant structures shall be X X —
shown. Any modifications shall be noted.
(27)All wells, washes, canals, irrigation laterals and ditches, lakes
and other water features. Any modifications shall be noted, along X X with an indication of any building or structure which shall remain.
(28) The subdivision boundary shall extend to the monument lines X X X
of adjacent streets, if the rights-of-way are not dedicated.
(29)Existing fire hydrants within 500 feet and streetlights within X X —
200 feet of the site shall be shown.
(30) Proposed water, sewer, streetlight improvements, sidewalks,
paths, entrance features/monument sign, and public and private X X —
community facilities such as parks, schools, fire stations, library,
police station, community buildings, etc. shall be shown.
(31) City corporate limit to be outlined when they are adjacent to or X X X
near the subdivision.
(32) The names of all subdivisions adjacent to the subject property
shall be shown, along with the recording information and zoning X X X
classification.
(33) The property owners' names of all adjacent parcels (non-
subdivision) to the proposed subdivision shall be shown along with X X X
the parcel number and zoning classification.
(34)Proposed phasing shall be shown. X X X
(35) Typical detail of lot dimension and setbacks. X X X
(36) Curvilinear back lot lines are discouraged. Every effort shall be X X X
made to avoid them.
(37) All lots shall be numbered consecutively beginning with Lot
No. 1, and tracts and parcels be lettered consecutively beginning X X X
with Tract or Parcel "A". Exception parcels shall be labeled with
the boundary traverse data and area to be noted.
(38)Private streets shall be designated as tracts with 24-foot
minimum width of pavement; 2-foot (2') curb and gutter, and 4-foot
(4') sidewalk on both sides of the street and shade trees. Structural
Pavement section for private streets shall conform to public street X X X
standards, as outlined in Appendix 10-D, Standard Details AJ-20.1
through AJ-20.2, Engineering Standards, Vol. 1I, Apache Junction
City Code.
(39) Rights-of-way to be dedicated to the city shall be shown. All
rights-of-way which expand on existing dedicated rights-of-way X X X
shall be defined and dimensioned.
Survey Requirements
(40) Two (2) separate survey ties to 2 section corners or quarter- X X X
section corners are required. The type of monumentation shall be
38
defined. Survey ties shall meet the criteria shown in § 10-1-4(B)(2)
Horizontal and Vertical Control, Engineering Standards, Vol. 11,
Apache Junction City Code. Subdivision's boundary and survey
shall be tied into the City GDACS grid.
(41) Survey data is required for the entire subdivision boundary
traverse and streets centerlines. For tangents this consists of X X X
bearings and distances. For curves this consists of radii, delta angles
and curve lengths. On non-tangent curves, show radial bearings.
(42) Show names of existing and proposed public and private X X X
streets.
(43) Boundary closure calculations are required with error of
closure for the subdivision's exterior boundaries, tracts, parcels, and — X X
lots.
Street design requirements
(44) Show plan's layouts for public and private streets, and X X -
easements.
(45) The sizes, depth, and types of all existing utility infrastructure
within and adjacent to the subdivision shall be shown. Dimensional X X —
ties to street centerlines are required for all utility lines.
(46) 20'x 20'triangular corner cutoffs shall be dedicated to the city
at all streets lines and alleys intersections to accommodate a
sidewalk ramp and provide a space for traffic signal equipment X X X
such as poles and/or cabinets, if needed. It also creates an area for a
site visibility triangle by preventing land owners from building
walls blocking view of traffic.
(47) 33'x 33' feet sight triangle measured at the intersection of lot
lines is to be provided where streets, alleys, or driveways intersect. X X X
Also, the sight distances shall be calculated to assure that no
structure or planting higher than 36 inches is allowed in the area.
(48) Show typical cross sections for proposed improvements of X X -
exterior and interior streets.
(49)Proper turnarounds are required at all dead-end streets and
alleys. Cul-de-sac and turnaround geometries for public and private
streets shall meet the city and the fire district requirements. X X X
Connections to abutting subdivisions to create connectivity and
walkability shall be provided.
(50)Public streets rights-of-way widths and cross-sections shall
comply with city standards unless exceptions are required or X X X
approved by the City Engineer or the City Council.
(51)Provide Traffic Impact Analysis as outlined in ADOT X X X
publication 35-209, and a traffic circulation study.
(52)The street light district shall be established prior to final plat _ X X
recordation.
Easements and Rights-Of-Way Requirements
(53) Show existing and proposed rights-of-way and easements X X X
widths. Proposed extinguishment and abandonment of rights-of-
39
way and easements shall be noted.
(54) F vehicular non-access easement is required for streets and lots
abutting retention basins and lots abutting perimeter streets rights- — X X
of-way.
(55)Easements to be extinguished shall include the following:
a) A letter from the utility companies agreeing to the
abandonment.
b) A legal description and Pinal County recording information
and limits of the abandonment. — X
c) The following statement located above the Mayor's approval
block is required on the final plat:
"By acceptance of this final plat, the City of Apache Junction
agrees to the extinguishment of the easements described and shown
hereon".
(56) Existing right-of-way to be abandoned/extinguished shall
include the following:
a) The City Engineer shall approve the abandonment/
extinguishment.
b) The City Attorney shall approve as to form of the — X
abandonment/extinguishment resolution.
c) A filing fee and appraisal fee shall be paid.
d) The abandonment shall be in accordance with the
requirements and procedures of the Public Works Department.
Drainage Design and Requirements
(57) Flow drainage arrows shall be shown for all drainage areas, X X -
storm drains, and streets.
(58)All portions of the development within the FEMA 100-year
flood zones shall be identified. FEMA Special Flood Hazard Area
(SFHA) on or adjacent to the subject subdivision shall be drawn
and labeled, including any determined floodway boundaries.
Provide flood zone information per the following table: X X X
Comm- Panel Suffi Date o Flood Base Flood
unity Number x f FIRM Zone Elevation
Number
(59) Submit a preliminary drainage report in accordance with
Article 10-4 Stormwater Management, Engineering Standards, X X —
Vol. II, Apache Junction City Code. Adequate details are required
to demonstrate the layout feasibility.
(60) The storm drainage system shall comply with the standards
presented in Article 10-4 Stormwater Management, Engineering
Standards, Vol. II, Apache Junction City Code. All retention areas X X and drainage channels along with their cross sections shall be
shown on the preliminary plat.
40
Required Submittal Pre- Pre-Plat Final
Plat for MPC Plat
Drainage Design and Requirements
(61) Each sheet of the preliminary and final plat shall
be sealed and signed by the design registered X X X
professional in the State of Arizona.
(62) Submit a current Title Report, no older than 6
months at preliminary plat submittal. An updated
report no older than 30 days is required to be submitted X X X
prior to final plat recordation. Include Schedules "A"
and`B"together with an ALTA survey.
(63)A detailed infrastructure analysis is required and X X —
shall include traffic, water and wastewater.
(64)Name changes to the development will only be
allowed:
a) After verifying any name conflicts through the
Arizona Department of Real Estate and providing the X X —
city with a copy; and
b) Prior to the preliminary plat approval by the City
Council.
(65) Areas within the subdivision that may represent
soil or topographical hazardous conditions or requiring
special precautions shall be identified to insure that the X X -
proposed uses of these areas are compatible with such
conditions, such as natural features, rock outcrop,
fissure, riparian corridors, etc.
(66) The final plat shall provide private cross access - X
easements for pedestrian, vehicular, drainage access.
(67)Phasing of the final plat and the improvement
plans shall be allowed only for large tracts greater than X
40 acres, and if approved by the Development Services
Project Engineer.
(68) Engineer's Cost Estimate shall be provided for the
construction of all public improvements to determine — X X
the amount of construction assurance required.
(69) The construction assurance shall be submitted
and approved by the Public Works Department,prior to _ X X
the approval of the improvement plans and the
recordation of the final plat.
(70) Submit copies of the approvals to construct water
and sewer issued by Arizona Department of — X X
Environmental Quality("ADEQ"), as required per Item
41
13(g), § 10-2-17 Civil Engineering Plan Review
Checklist, Engineering Standards, Vol. 11, Apache
Junction City Code.
(71) Submit a copy of the Assured Water Certificate
for the 100 year water supply, issued by Arizona
Department of Water Resources ("ADWR") for sites
located within the Arizona Water Company, or a — X X
Designation of Assured Water Supply letter for sites
located within the Water Utilities Community Facilities
District ("WUCFD").
(72) All official seals and stamps affixed to the final
plats shall be in black ink or as required by the Pinal — X
County Recorder's Office.
(73)A 4 mil Mylar of the final plat shall be submitted
to the Development Services Project Engineer for final - X
approval and recordation, along with an electronic
copy in DWG and PDF formats.
(Ord. 1452,passed - -2017)
1
Apache Junction,AZ Land Development Code
Article
2-1. ENACTMENT AND SCOPE OF REGULATIONS, ADMINISTRATION,
CONSTRUCTION,AND TERMS
2-2. PLATTING PROCEDURES AND REQUIREMENTS
2-3. SUBDIVISION DESIGN PRINCIPLES AND STANDARDS
2-4. CONSTRUCTION ASSURANCES FOR ONSITE IMPROVEMENTS AND AMENITIES
2-5. ADMINISTRATIVE SUBDIVISIONS; LAND SPLITS/MINOR LAND DIVISION,LOT
LINE ADJUSTMENTS,AND LOT COMBINATION
2-6. CONDOMINIUM PLATS AND CONDOMINIUM CONVERSIONS
2-7. DEFINITIONS
APPENDIX: PRELIMINARY AND FINAL PLAT CONDITIONS
ENACTMENT,ARTICLE 2-1 : SCOPE OF REGULATIONS,
ADMINISTRATION, CONSTRUCTION, AND TERMS
Section
2-1-1 Short title
2-1-2 Statement of legislative intent
2-1-3 Application; authority for local regulations
2-1-4 Relationship to General Plan, Zoning Ordinance, and other ordinances and
laws
2-1-5 Relationship to official maps
2-1-6 Minimum requirements
2-1-7 Application; greater restrictions
2-1-8 Prohibition of circumvention
2-1-9 Reference to any portion of this chapter
2-1-10 Severability
2-1-11 Continuation of previously granted plats
2-1-12 Filing fees
2-1-13 Final plat approval required prior to conveyance
2-1-14 Prerequisites for issuance of building permits
2-1-15 Modifications and exceptions
2-1-16 Resubdivision of land
2-1-17 Vacation of plats
2-1-18 Preservation of archaeologic, historic, and natural features and amenities
2-1-19 Transfers and assignments
2-1-20 Cancellation by applicant
2-1-21 Violations and penalties
2-1-22 Legal procedures
2-1-23 Remedies
2-1-24 Construction; terms
§ 2-1-1 SHORT TITLE.
This chapter shall be referred to and cited as the "Apache Junction Subdivision and Land Split
Regulations".
(Ord. 1.452,passed - -2017)
§ 2-1-2 STATEMENT OF LEGISLATIVE INTENT.
(A) This chapter is adopted to provide for the orderly growth and harmonious development of the City of
2
Apache Junction, and to preserve,protect and promote the public health, safety, convenience and general
welfare. In its interpretation and application, the provisions of this chapter are intended to provide a common
ground for undertaking an equitable working relationship between public and private interests so that both
independent and mutual objectives can be achieved in the subdivision of land.
(B) More specifically, this chapter is adopted in order to achieve the following objectives:
(1) To aid in the implementation of the general plan of the city, including elements thereof,
(2) To accommodate new development in a manner which will preserve and enhance the city's living
environment through accepted principles of low impact development, floodplain preservation,riparian
ecosystem protection,reduction of the health impacts of development,utilizing aging friendly design,multi-
modal and non-motorized transportation, creating quality neighborhood as well as commercial and industrial
development for all age and income groups, and generate high quality development through skilled
subdivision design;
(3) To provide lots of sufficient size and appropriate design for the purposes for which they are to be
used, including livability;
(4) To provide a coordinated street system having adequate capacity for the anticipated pedestrian and
vehicular traffic which will utilize it and ensure that it is designed to promote safe traffic circulation;
(5) To provide for water supply, sewage disposal, storm drainage, stormwater retention, flood control,
and other utilities and facilities which may be required;
(6) To ensure and facilitate provisions for adequate school sites, public parks, recreation areas and other
public facilities;
(7) To protect and enhance real property values;
(8) To promote the conveyance of land by accurate legal descriptions;
(9) To promote logical procedures for the achievement of these purposes; and
(10) To coordinate subdivision activity of the city within the county in order to facilitate transition from
county to municipal jurisdiction of land which is developed first in unincorporated territory and may be
subsequently annexed into the city; and to ensure unimpeded development of such new urban expansions as
is logical, desirable and in accordance with the goals, objectives and policies of the city general plan.
(Ord. 1452,passed - -2017)
§ 2-1-3 APPLICATION; AUTHORITY FOR LOCAL REGULATIONS.
Pursuant to the powers and jurisdiction vested through A.R.S. Title 9, Article 6 et seq., and other applicable
laws, statutes, ordinances and resolutions of the State of Arizona, the regulations hereinafter contained in this
chapter shall apply to all subdivisions or parts of subdivisions hereafter made entirely or partially within the
corporate limits of Apache Junction. The regulations contained in this Article are authorized pursuant to
A.R.S. §§ 9-461 through 9-463.06. The subdivider shall provide a certificate of assured water supply as
required by A.R.S. § 45-576, or evidence that the area has been designated by the Arizona Department of
Water Resources as having an assured water supply.
(Ord. 1452,passed - -2017)
§ 2-1-4 RELATIONSHIP TO GENERAL PLAN, ZONING ORDINANCE,AND OTHER
ORDINANCES AND LAWS.
Every subdivision or land split shall conform to the requirements and objectives of the general plan, when
adopted, or any parts thereof as adopted by the council to the "Apache Junction, Arizona, Zoning Ordinance"
and to other ordinances and regulations of the city, to the city land development code, to the Arizona Revised
Statutes, and to any other ordinances and regulations which may be adopted which affect the subdivision of
lands within the city.
(Ord. 1452,passed - -2017)
§ 2-1-5 RELATIONSHIP TO OFFICIAL MAPS.
A subdivision plat or land split shall conform in all respects to the Street Classification Plan as prescribed
by § 13-2-3 Street Improvements, Article 13-2 Streets and Sidewalks, Chapter 13 Public Works, Volume I,
Apache Junction City Code, and any amendments thereto.
(Ord. 1452,passed - -2017)
3
§ 2-1-6 MINIMUM REQUIREMENTS.
In interpreting and applying the provisions of this chapter, the provisions shall be held to be minimum
requirements.
(Ord. 1452,passed - -2017)
§ 2-1-7 APPLICATION; GREATER RESTRICTIONS.
Where these regulations impose a greater restriction upon land improvement, development or land use than
is imposed or required by existing provisions of law, ordinance, contract or deed, these regulations shall
prevail. Notwithstanding the foregoing where an approved Master Planned Community("MPC") District is
in place, the MPC District regulations shall prevail.
(Ord. 1.452, passed - -201.7)
§ 2-1-8 PROHIBITIONCIRCUMVENTION.
As provided in A.R.S. § 9-463.03, it shall be unlawful for any person, individual, firm, corporation,
partnership, organization, association, syndicate, trust or other legal entity, for the purpose of circumventing
any of these regulations or otherwise, to offer to sell or lease, to contract to sell or lease, or to sell or lease
any subdivision or part thereof, until a final plat thereof in full compliance with provisions of this chapter is
recorded in the office of the county recorder of the county wherein the platted area lies; except that this shall
not apply to any parcel or parcels of a subdivision offered for sale or lease, contracted for sale or lease, or
sold or leased in compliance with any law or subdivision regulation regulating subdivision design and
improvements of subdivisions in effect at the time the subdivision was established. Nothing contained in
these regulations shall be construed as releasing a subdivider from full compliance with the Arizona Revised
Statutes, or the rules and regulations of the Arizona Department of Real Estate Division, Arizona Department
of Water Resources, Arizona Department of Environmental Quality, or the requirements of other agencies
pertaining to the establishment of subdivisions.
(Ord. 1452,passed - -2017) Penalty, see Apache Junction City Code, Vol. I, § 1-1-11.
§ 2-1-9 REFERENCE TO ANY PORTION OF THIS CHAPTER.
Whenever reference is made to any portion of this chapter or to any other law or ordinance, the reference
applies to all amendments and additions now or hereafter made.
(Ord. 1452,passed - -2017)
§ 2-1-10 SEVERABILITY.
If any provision of this chapter be held invalid, that invalidity shall not affect other provisions which can be
given effect without the invalid provision and, to this end, the provisions of this chapter are declared to be
severable.
(Ord. 1452,passed - -2017)
§ 2-1-11 CONTINUATION OF PREVIOUSLY GRANTED PLATS.
All subdivision plats heretofore lawfully existing within the corporate limits of Apache Junction, or which
may be annexed in the future, and which were approved by the Pinal County or Maricopa County Board of
Supervisors, shall be and are deemed to be approved,provided that approval by the city shall be subject to all
conditions established for all plats that were approved by Pinal or Maricopa County.
(Ord. 1452,passed - -2017)
§ 2-1-12 FILING FEES.
(A) Fees for an application for plat approval for preliminary plat, final plat, amendment to final plat and
recordation are listed in the Apache Junction City Code, Vol. I, Chapter 4, Fees, Article 4-4: Planning,
Zoning Review and Subdivision Fees.
(B) Recordation fee is as established by the county.
(C) The filing fee shall also cover filing of an amended or revised preliminary plat when processed as the
same case. If preliminary approval expires prior to application for final approval, the plat shall be
resubmitted for preliminary approval as a new case and the subdivider shall pay the required preliminary plat
fee.
(Ord. 1452,passed - -2017)
§ 2-1-13 FINAL PLAT APPROVAL REQUIRED PRIOR TO CONVEYANCE.
4
(A) No person, for the purpose of making or effecting a subdivision within the territorial limits of these
regulations, shall make any deed, will, mortgage, trust deed or contract for the sale or other transfer of such
subdivision or any part thereof, by metes and bounds description or otherwise, before recordation of the final
plat of either the entire subdivision or phase thereof. A contract for sale which is expressly made contingent
upon obtaining approval by the city council of such final plat within 1 year from the date of the execution of
the contract shall not be deemed prohibited by the foregoing provision.
(B) No person proposing to make or have made a subdivision within the territorial limits of these
regulations shall offer to sell the proposed subdivision before obtaining the council's approval of the final.
plat of the proposed subdivision;provided however, an offer to sell the subdivision or phase thereof, which is
expressly made contingent upon obtaining approval of the final plat aforesaid within 1 year from the date of
the making of the offer shall not be deemed prohibited by the foregoing provision.
(Ord. 1452,passed - -2017)
§ 2-1-14 PREREQUISITES FOR ISSUANCE OF BUILDING PERMITS.
The building official shall not issue any building permits for development on any part of a subdivision until
final plat approval is granted; except that no more than 3 model units are permitted at such time as the base
course for roadway access is completed to the model units site and upon the approval of the development
services director or his or her designee. Notwithstanding the foregoing, where an approved Master Planned
Community("MPC"):District is in place, the MPC shall define prerequisites for issuance of building permits.
(Ord. 1452, passed - -2017)
§ 2-1-15 MODIFICATIONS AND EXCEPTIONS.
(A) The principles of design and requirements for the layout of subdivisions, as set forth in Article 2-3 of
this chapter, may be varied by the council. However, such subdivision shall, in the judgment of the council,
provide adequate provisions for all essential community requirements. No modifications shall be granted by
the council which would conflict with the goals and objectives of the general plan, zoning ordinance, an
approved MPC District,or with the intent and purposes of Article 2-3 of this chapter.
(B) In any particular case where the subdivider can show that extraordinary conditions of topography,
adjacent development, irregular parcel shape, floodplain, fissures, or other conditions exist, strict
compliance with these regulations would cause practical difficulty or exceptional and undue hardship, the
council may modify such requirements to the extent deemed just and proper, so as to relieve the difficulty or
hardship; provided, such relief may be granted without detriment to the public good and without impairing
the intent and purposes of this article or the desirable general development of the neighborhood and the
community in accordance with the general plan, and shall not be contrary to the city zoning ordinance. Any
modification thus granted shall be entered in the minutes of the council, setting forth the reasons which, in
the opinion of the council,justified the modification.
(1) In modifying the standards or requirements set forth in this chapter, as provided above, the council
may make additional requirements, such as but not limited to protective covenants, deed restrictions or other
legal provisions, as are deemed necessary to secure substantially the objectives of the standards or
requirements so modified.
(2) In providing for modifications, a mere finding or recitation of the enumerated conditions
unaccompanied by the finding of specific fact, shall not be deemed"findings of fact" and shall not be
deemed in compliance with this chapter.
(3) The approval of departures or modifications from the regulations of this chapter shall not be
considered as precedent-setting when the findings of fact clearly indicate the unique circumstances which
warranted the departure or modification.
(Ord. 1452,passed - -2017)
§ 2-1-16 RESUBDIVISION OF LAND.
(A) Procedure for resubdivision. For any change in a map of a recorded subdivision plat, if the change
effects any street layout shown on the map, or area reserved thereon for public use, or any exterior lot line, or
if it affects any plat legally reached prior to the adoption of this chapter, except where the lots involved are
made larger and where any interior lot lines are involved, the parcel shall be approved by the same
5
procedure, rules and regulations as for a new subdivision.
(B) Procedure for subdivisions where resubdivision is indicated. Whenever a parcel of land is subdivided
and the subdivision plat shows 1 or more lots containing enough area that their division into lots according to
the minimum zoning ordinance requirements would create a subdivision as defined herein, the council may
require that such a parcel of land allow for the future opening of streets and the ultimate extensions of
adjacent streets. Easements providing for the future opening and extension of such streets may be made a
requirement of the plat.
(Ord. 1452,passed - -2017)
§ 2-1-17 VACATION OF PLATS.
(A) When a recorded plat is proposed to be vacated, such an instrument shall be approved by the council
in like manner as plats of subdivisions, including any such action which abridges or destroys any public
rights in any of its public uses, improvements, streets or alleys.
(B) Such an instrument shall be executed, acknowledged or approved and recorded or filed, in like manner
as plats of subdivision; and being duly recorded or filed, shall operate to destroy the force and effect of the
recording of the plat so vacated, and to divest all public rights in the streets, alleys and public grounds, and
all dedications laid out or described in the plat.
(C) The applicant shall also secure all utility extinguishments from all the utility agencies that were
granted easements through the original platting process. No instrument shall be recorded to vacate any plat
until such time as all utility easements extinguishments are recorded.
(Ord. 1452,passed - -2017)
§ 2-1-18 PRESERVATION OF ARCHAEOLOGIC, HISTORIC,AND NATURAL FEATURES AND
AMENITIES.
(A) Existing features which would add value to residential development or to the local government as a
whole, such as trees, water courses and similar irreplaceable assets, shall be preserved in the design of the
subdivision. No trees shall be removed from any subdivision nor any change of the grade of the land effected
nor any clearing and grubbing be allowed,until the improvement plans have been approved by the
development services project engineer or his or her designee and any assurances as required are provided.
The city may issue an at-risk grading permit provided that the improvement plans have met the technical
requirements of the engineering standards. Notwithstanding the foregoing, where an approved Master
Planned Community("MPC") District is in place, the MPC shall define requirements for tree removal,
clearing and grubbing or other earth moving and infrastructure improvements that may occur.
(B) Upon discovery of any historic, or prehistoric ruin,burial ground, archaeologic or vertebrate
paleontological site, or site including fossilized footprints, inscriptions made by human agency or any other
historic, paleontologic or archaeologic feature, situated on lands proposed for subdivision, or during the
course of development of such lands, the subdivider or developer shall notify the planning division of the city
and the State of Arizona to advise as to report the discovery.
(Ord. 1452,passed - -2017)
§ 2-1-19 TRANSFERS AND ASSIGNMENTS.
If during any stage of the subdivision process the property under application or any portion thereof is
transferred or assigned to another, that transferee or assignee shall make application for a change of the
application, in which case the city shall hear the application as if it were a new subdivision.
(Ord. 1452,passed - -2017)
§ 2-1-20 CANCELLATION BY APPLICANT.
Cancellation may be initiated by the applicant of the property covered by the application prior to final plat
approval by means of a written notice of cancellation directed to the planning division. Cancellation of the
application shall become effective immediately upon receipt by the city of the notice of cancellation in the
office of the planning division.
(Ord. 1.452,passed - -2017)
§ 2-1-21 VIOLATIONS AND PENALTIES.
(A) Penalties for any violation of the Apache Junction Subdivision Regulations are provided for pursuant
6
to Apache Junction City Code, Vol. I, § 1-1-11.
(B) The approval of a preliminary plat may be revoked by a majority vote of the city council upon finding
that 1 or more of the plat stipulations or provisions of the subdivision regulations have been violated. The
council may reinstate approval of the preliminary plat when it is satisfied that a compliance with the
provisions of these regulations or stipulations has been achieved. If approval of the preliminary plat is
permanently revoked, a request to resume the subdivision shall be treated as a new application.
(C) (1) The development services director or his or her designee, by written order setting forth the
reasons therefore, may stop all work on a subdivision if he or she finds that a major violation of the
subdivision ordinance has occurred, creating an immediate or imminent threat to public health or safety such
as danger to life or limb, or damage to property of the city or to neighboring property owners.
(2) After work is stopped, no work on the subdivision, except to correct the problems specified by the
director or his or her designee, may proceed until written authorization is given by the director or his or her
designee. While work is stopped, the subdivider may appeal, within thirty days to the city clerk, the director's
stop order to the council which shall meet at the next regularly scheduled council meeting to consider the
matter. The council, after hearing both sides, may reverse or modify the director's order within thirty days if
the council finds that the director has been unreasonable or arbitrary. The burden of proof in such an appeal
shall be upon the subdivider.
(D) The imposition of any sentence shall not exempt the offender from compliance with the requirements
of this article.
(Ord. 1452,passed - -2017)
§ 2-1-22 LEGAL PROCEDURES.
Any use or development of property contrary to the provisions of the subdivision ordinance shall be and the
same hereby declared to be unlawful, against the public safety and welfare, and a public nuisance, and the
City Attorney shall, immediately commence all necessary actions or proceedings for the abatement,
enjoinment and removal thereof in the manner provided by law, shall take such other lawful steps and shall
apply to such court or courts as may have jurisdiction to grant such relief as will abate, enjoin and restrain
any person, firm, corporation or other legal entity from setting up, developing, erecting, building or
maintaining any such building, or using any property, contrary to the provisions of these subdivision
regulations, or otherwise violating these subdivision regulations.
(Ord. 1452,passed - -2017)
§ 2-1-23 REMEDIES.
(A) All remedies provided herein shall be cumulative and not exclusive. The conviction and punishment
of any person hereunder shall not relieve the person from the responsibility to correct prohibited conditions
or to remove prohibited buildings, structures or improvements, nor prevent the enforcement, correction or
removal thereof.
(B) In addition to the other remedies provided in this section, any adjacent or neighboring property owner
who shall be especially damaged by the violations of any provisions of this subdivision ordinance may
institute, in addition to the other remedies provided by law, injunction, mandamus, abatement or other
appropriate action, proceeding or proceedings to prevent, abate or remove the unlawful erection,
construction,reconstruction, alteration, maintenance or use.
(Ord. 1452,passed - -2017)
§ 2-1-24 CONSTRUCTION; TERMS.
The following rules of construction shall apply unless inconsistent with the plain meaning of the context of
this chapter:
(A) The particular shall control the general.
(B) In the event there is any conflict or inconsistency between the heading of an article, section, division
or paragraph of this chapter and the context thereof, the heading shall not be deemed to affect the scope,
meaning or intent of the context.
(C) In case of any difference of meaning or implication between the text of this chapter and any caption,
illustration, summary table or illustrative table, the text shall control.
7
(D) In case of conflict between regulations, the more restrictive shall apply, or when an approved MPC
District is in place, the MPC District regulations shall apply.
(E) Words used in the present tense shall include the past and future tenses and vice versa.
(F) Words used in the singular number shall include the plural, and the plural the singular,unless the
context indicates the contrary.
(G) The word"shall" is always mandatory and not discretionary. The word"may" is permissive.
(H) Unless the context clearly indicates the contrary, where a regulation involves 2 or more items,
conditions,provisions or events connected by the conjunction "and," "or," or"either or,"the conjunction
shall be interpreted as follows:
(1) "And"indicates that all the connected items, conditions,provisions or events shall apply.
(2) "Or" indicates that the connected items, conditions,provisions or events shall apply singularly or in
any combination.
(3) "Either or" indicates that the connected items, conditions, provisions or events shall apply singularly
but not in combination.
(1) The phrase "used for" includes "arranged for," "designed for," "intended for," "maintained for," or
"occupied for."
(J) The word"includes" or"including"or the phrase "such as" shall not limit a term to the specified
examples, but is intended to extend its meaning to all other instances or circumstances of like kind or
character.
(K) The word"oath"includes affirmation.
(L) The word"state" shall mean the State of Arizona. The word"county" shall mean that county having
jurisdiction and being either Pinal County or Maricopa County, Arizona. The word"city" shall mean the City
of Apache Junction, Arizona. The term "city boundary" shall mean the corporate boundary of the City of
Apache Junction, Arizona.
(M) The word"council" shall mean the city council of the city.
(N) The word"commission" shall mean the planning and zoning commission of the city.
(0) The word"board" shall mean the board of adjustment of the city.
(P) The terms "building official," "city attorney," "city clerk," "city manager," "development services
director," "director of public
works," "city engineer," "development services project engineer," and"zoning administrator" shall mean the
respective officers of the city or their authorized agents.
(Q) The term"Department of Transportation" or"ADOT" shall mean the State of Arizona Department of
Transportation.
(R) The term"code" shall mean"The code of the City of Apache Junction, Arizona," as adopted by the
Council by Ordinance No. 7, dated June 27, 1979, and as subsequently amended.
(S) The term "building code" shall mean the International Building Code, 2015 Edition.
(T) The term"Arizona Revised Statutes" shall mean the Code of the State of Arizona, 1956, as amended.
(U) The word"written"includes handwritten,printed, type-written, mimeographed or multigraphed
matter, email, faxes, and texts.
(V) The term"fire code" shall mean the current adopted edition of the International Fire Code.
(W) The phrase "this ordinance" or"this subdivision ordinance" shall mean the "Apache Junction
Subdivision Regulations" as contained in this Land Development Code of the city as adopted by the council
by ordinance.
(X) The term"zoning ordinance" shall mean all portions of the most current "Apache Junction, Arizona,
Zoning Ordinance" as contained in this Land Development Code of the city, including the Zoning Map.
(Y) The term"general plan" shall mean "the most recently adopted general plan by city council".
(Z) The term "commission" shall mean the planning and zoning commission as established in Apache
Junction City Code, Volume 1, Chapter 2, Article 2-22.
(AA) The term"division" shall mean the planning division of the City of Apache Junction, Arizona.
(Ord. 1452,passed - -2017)
8
2-1-25 GENERAL PROVISIONS AND NN S, SUBDIVISION COMMITTEE
ESTABLISHED.
(A)The "Subdivision Committee" shall mean a committee that is constituted for the review and approval
of preliminary plats for MPC zoned developments. The Subdivision Committee shall include the City
Engineer, Planning Manager and Development Services Principal Engineer or Principal Planner/designee.
The Subdivision Committee shall either approve, approve with conditions, or deny applications for
preliminary plats.
(B)The Committee may promulgate rules and procedures with respect to Committee activities.
ARTICLE 2-2: PLATTING PROCEDURES AND REQUIREMENTS
Section
2-2-1 Outline of platting procedures
2-2-2 Pre-application conference
2-2-3 Conceptual subdivision plat(optional)
2-2-4 Preliminary plat
2-2-5 Final plat
§ 2-2-1 OUTLINE OF PLATTING PROCEDURES.
The preparation, submission, review and official action concerning all subdivision plats proposed within
the City of Apache Junction shall proceed through the following progressive stages:
Stage I Pre-Application Conference
Stage II Conceptual Subdivision Plat
(optional)
Stage III I Preliminary Plat
Stage IV I Final Plat
(Ord. 1452, passed - -2017)
§ 2-2-2 PRE-APPLICATION CONFERENCE.
(A) Purposes. The pre-application conference stage of subdivision planning comprises an investigatory
period which precedes actual preparation of a preliminary plat by the subdivider. During this required stage,
the subdivider makes known his or her intentions to city staff and is advised of public objectives,platting
procedures and requirements as they may relate to the subject tract.
(1) During this stage, it may be determined that a change in zoning would be required for the subject
tract or a part thereof and, in that case, the subdivider shall consider initiating the necessary rezoning
application.
(2) During this stage, it may be determined that relinquishment would be required of existing public
rights-of-way or extinguishment of easements and, in either case, the subdivider shall initiate the necessary
application.
(3) The pre-application conference affords city staff the opportunity to give informal guidance to the
subdivider. Lot layout shall be governed by the buildable site on the lot, the grading and drainage pattern of
the lot, the natural ecosystem and features, and the coordination of sizes of lots with requirements for
community infrastructure. Staff will discuss the proposal with the subdivider. Written list of comments is to
be provided by the different city departments and the utility agencies in order that the subdivider may be
informed of the utility agencies and city's procedures, design and improvement standards, and general plat
requirements. The information given at a pre-application conference is limited. Any determinations made
will be very tentative and still subject to the formal process.
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(4) To facilitate the preliminary plat review and avoid undue delay, the city will invite representatives of
the fire district, sewer, and water utilities suppliers to the pre-application conference to learn the general.
requirement for sewage disposal and for obtaining water supply and any fire district requirements, as applied
to his or her location, and to determine if any applicable fees are charged by these agencies.
(5) This Article 2-2-2 Pre-Application Conference, shall not apply'to an approved MPC District.
(B) Information desired. In carrying out the purposes of the pre-application stage, the subdivider and city
staff may meet informally and discuss the proposal. The subdivider shall provide 2 copies of the pre-
conceptual subdivision showing the project location, and proposed street and lot layout.
(Ord. 1452,passed - -2017)
§ 2-2-3 CONCEPTUAL SUBDIVISION PLAT (OPTIONAL).
(A) Purpose. Prior to formal submittal of a preliminary plat as outlined below, the subdivider shall submit
a conceptual subdivision plat for review by the planning and zoning commission. The purpose of such.
submittal is to gain tentative approval prior to expending time and resources on a preliminary plat. This
review process is not binding on either the city or the subdivider.
(B) Criteria. The subdivision design shall reflect the following:
(1) Preservation of the character of the land.
(2) Economy of construction.
(3) Inclusion of special facilities.
(4) Variation in design.
(5) Privacy and sociability.
(6) Individual lot sizes that are practicable and desirable.
(7) Low impact development.
(8) Energy efficiency and green construction.
(9) Mobility and walkability.
(C) Conceptual subdivision plat content. The following items shall be provided by the applicant as part of
the conceptual subdivision plat submittal:
(1) Vicinity map.
(2) Name of development and sketch plan.
(3) Location by section, township and range.
(4) Legal description: dimensions are to be shown by either a metes and bounds description or
description by aliquot part or by reference to a tract or parcel shown on a previously recorded subdivision or
results of Survey plat. There must be a tie (by scale or legal description) to at least 2 aliquot corners (section,
quarter-section, etc.), or by reference to a tract or parcel shown on previously recorded subdivisions or results
of survey plat.
(5) Boundaries of development clearly identified.
(6) North arrow.
(7) Scales (both graphic and equivalent inch to feet)using standard engineering intervals. Not to exceed
1" =200'. Sheet size no smaller than 24" x 36".
(8) Date of preparation plus date of any amendments since original submittal.
(9) Contact info: names, addresses,phone numbers and notation of relationship to development for
landowners, subdivider/development agents, engineers, surveyors, land planners, landscape architects,
architects,hydrologists or others responsible for design(include registration numbers).
(10) Zoning: existing and proposed zoning.
(11) Proposed land uses and densities by area as well as ownership patterns, surrounding land uses and
zoning within 300'.
(12) Tentative lot and tract layout.
(13) Proposed circulation plan: the applicant shall submit a proposed vehicular,bicycle, pedestrian and
equestrian circulation plan. The circulation plan shall include:
(a) Show all existing and proposed streets (public or private) and their classification(arterial,
collector, local street) within the project proposed connections to the existing streets network. Scale not to
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exceed 1" = 500'. The map shall also demonstrate legal primary and secondary access as well as existing or
proposed street right-of-way widths.
(b) Existing or proposed sidewalks and pedestrian and equestrian trail networks and open space
features affected by or intended to be implemented as part of future subdivision design.
(14) Land data table: identify in chart or note form on the conceptual subdivision plat the following:
(a) Total acreage, acreage for each use and each phase.
(b) Number units/lots for each type of use and phase.
(c) Average area per lot/unit proposed.
(d) Percent open space, exclusive of streets, building envelopes, and parking areas.
(e) Identify unique site conditions including major drainage features, fissures, etc).
(D) Evaluation of conceptual subdivision plat.
(1) Eighteen(18) copies of the conceptual subdivision plat in an addition to an electronic copy in PDF
format shall be submitted to the development services department. Within 15 working days of submittal, the
conceptual subdivision plat shall be evaluated and discussed in a meeting that may include the applicant(s),
reviewing agency representatives and city staff.
(2) Fees. Application for conceptual subdivision plat approval shall include payment of the filing fees as
set forth in Chapter 4, Fees, Article 4-4, Vol. I, Apache Junction City Code.
(3) The Development Services Department shall route the conceptual subdivision plat to city's other
departments and agencies.
(4) Upon receipt of reviewing departments and agencies comments, the development services
department staff shall compile all comments and respond to the applicants or agents as the proposed project
relates to the following:
(a) Conformance to City of Apache Junction general or specific area plan(s).
(b) Suitability of the site for development,proposed/existing and potential development opportunities
and constraints.
(c) The improvements, design and dedications required by city improvement standards.
(d) Zoning requirements.
(e) Drainage Requirements.
(E) Approval of conceptual subdivision plat.
(1) The planning and zoning commission shall make a recommendation whether or not the conceptual
subdivision plat meets the purposes of these regulations and related city ordinances and design specifications
and shall make specific recommendations to be incorporated by the applicant into a preliminary plat
submittal.
(2) Approval of a conceptual subdivision plat is approval of the proposal in concept only, and is not
final project approval.
(F) Denial of conceptual subdivision plat. If the planning and zoning commission determines that the
conceptual subdivision plat submittal is not consistent with the city's general or specific area plan(s) and/or
determines that the proposed development does not meet city improvement/design specifications, the
planning and zoning commission may deny the conceptual subdivision plat application or request
modifications to be incorporated into a preliminary plat submittal.
(G) Appeal. If the project developer objects to a decision by the planning and zoning commission to deny
a conceptual subdivision plat or recommended modification to same, the planning and zoning commission
decision may be appealed to the city council. Upon submittal to the development services director of a
written statement of objection, the matter shall be placed on the agenda for the next available council
meeting. (Ord. 1452,passed- -2017)
§ 2-2-4 PRELIMINARY PLAT.
(A) The preliminary plat stage of land subdivision includes detailed subdivision planning, submittal,
review and approval of the preliminary plat. The subdivider shall provide the planning division with all
information essential to determine the character and general acceptability of the proposed development to
allow for the establishment of the design parameters for the final plat and the improvement plans. The
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preliminary plat shall conform to the approved conceptual subdivision plat as approved by the planning and
zoning commission and city council, if this optional step was undertaken. A preliminary plat process may be
waived for a proposed platting of a substantially developed property, as it is in the opinion and approval of
the development services director and/or city engineer or their designees. Substantially developed includes a
build-out property with stormwater retention and drainage facilities, landscaping, and onsite and offsite
infrastructure improvements.
(B) (1) Preliminary plat submittal.
(a) Filing. A complete application for preliminary plat approval to include 20 copies of the
preliminary plat, an electronic copy in PDF format and other required documents, shall be filed with the
planning division. The submittal of an incomplete application shall be rejected and the subdivider notified, in
writing, of the deficiencies of application. Upon determination that the submittal is substantially complete, it
shall be assigned a case number and distributed.
(b) Fees. Application for preliminary plat approval shall include payment of the filing fees as set forth
in chapter 4, Fees, Article 4-4 , Vol. 1, Apache Junction City Code.
(2) Preliminary plat review.
(a) Upon receipt of a complete application for a preliminary plat, inclusive of all fees, the planning
division shall log in the date of submittal and perform its review for compliance to public objectives, giving
special attention to the minimum application requirements for preliminary plat as set forth in this chapter.
The planning division shall distribute the application and the preliminary plat to the following staff and
agencies for review and written comments that pertain to their area of expertise and responsibilities:
1. Director of Public Works;
2. City Engineer;
3. Development Services Principal Engineer or Project Engineer;
4. Police Chief,
5. Fire District Chief;
6. Parks and Recreation Director;
7. County Health Department;
8. Superintendent of School District;
9. United States Postmaster at Apache Junction,Arizona;
10. County engineer and Director of County Planning, if proposed subdivision abuts county areas;
11. Where the land abuts a state or federal highway, to the Arizona Department of Transportation;
and
12. Utility companies.
(b) The reviewing staff and agencies shall transmit their recommendations to the planning division.
(c) The planning division shall consolidate the reviewing staff and agencies comments and
requirements and transmit the same to the applicant for incorporation of the revisions to the preliminary plat.
(d) Once the new preliminary plat substantially conforms to the provision of this ordinance, the
development services staff shall notify the applicant of meeting dates of planning and zoning commission
and city council to consider the preliminary plat application. Where an approved MPC District is in place, the
preliminary plat approval shall be processed as described in Article 2-2-4 (13)(3)(b).
(3) Preliminary plat approval.
(a) The commission shall meet and offer its recommendations to the city council on the preliminary
plat after considering the recommendations of city staff and the above agencies and entities. Public
hearings shall be held by both commission and city council. The city council may,by resolution,
approve, conditionally approve or deny a preliminary plat.
(b) Where an approved MPC District is in place, the following process shall occur:
1. The Subdivision Committee shall consider the Preliminary Plat within twenty-one (21
calendar days after the date the subdivider has completed filing of final corrections.'
2. The Subdivision Committee shall approve, approve with conditions or deny the preliminary
plat and shall forward their recommendation to the subdivider.
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3. if the Subdivision Committee denies a Preliminary Plat, or the Plat is approved with
conditions,;the subdivider may appeal the denial or stipulations pursuant to the provisions in
Article 2-2- (13)(6).
(4) Significance of preliminary plat approval. Preliminary plat approval constitutes authorization for the
subdivider to proceed with preparation of the final plat and the engineering plans and specifications for
public improvements and site development. Preliminary plat approval is based on the following terms:
(a) The basic conditions under which approval of the preliminary plat is granted will not be changed
prior to expiration date;
(b) Approval is valid for a period of 12 months from date of council's action, within which period the
subdivider must file a complete final plat application. A time extension for an additional 12 months may be
granted by the city council if there had been no change in the city's policies or regulations which would
affect the subdivision; and
(c) Preliminary plat approval, in itself, does not assure final acceptance of streets for dedication or
continuation of existing zoning requirements for the tract or its environs.
(5) Significance of preliminary plat approval MPC Districts. Preliminary plat approval constitutes'
authorization for the subdivider to proceed with preparation of the final plat, the engineering plans and
specifications for public improvements and site development as well as to proceed at-risk with installation of
public and private improvements as described within the MPC district. Preliminary plat approval is based on
the following terms;
(a) The basic conditions under which approval of the preliminary plat is granted will not be changed
prior to expiration date;
(b) Approval is valid for a period of 12 months from approval by the Subdivision Committee,within
which period the subdivider must file a complete final plat application.'A time extension for an additional 12
months shall be granted by the Subdivision Committee if there had been no change in the city's public health,
safety,welfare policies which would affect the subdivision; and
(c) Preliminary plat approval, in itself, does not assure final acceptance of streets for dedication or
continuation of existing zoning requirements for the project.
(6) Approvals, Appeals, Modifications and Administrative Changes, Appeals MPC Districts.!
(a) A decision of the Subdivision Committee may be appealed by the subdivider within'15 calendar
days of the action to the City Manager.
(b) Appeals shall be in writing on a form provided by the Development Services Department and
shall include only those items` not agreed upon. An appeal will be heard within 15 calendar days
from the date of submission of complete;application for an appeal and the appeal fee to the City
Manager. The City Manager shall set the date, time, and location for the appeal hearing. Persons
who have expressed an interest in attending the hearing shall be informed by the Development' '
Services Department of the date, time, and location.'
(c) The CityManager shall gather any background material regarding the appeal at least 2 working
days prior to the hearing date.
( ) The City Manager shall issue a decision on the appeal at the hearing. The decision of the City]
Manager may be appealed to the City Council.
(7) Existing developed lands. City may waive the requirements to prepare a preliminary plat for lands
that contain existing developments that include lots, streets, drainage improvements, and other existing
infrastructures.
(8) Form of presentation. The information hereinafter required as part of the preliminary plat submittal
shall be shown graphically or by note on plans, or by letter, and may comprise several sheets showing
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various elements of required data..
(C) See Appendix for preliminary plat conditions.
(Ord. 1452,passed - -2017)
§ 2-2-5 FINAL PLAT,
This stage includes the final design of the subdivision, engineering of public improvements and site
development, and submittal of the plat and plans by the subdivider for review and for action by the council.
The final plat shall not be denied, if it substantially conforms to the approved preliminary plat and submitted
within 12 months of an approved preliminary plat, and further provided that the submitted final plat meets all
the requirements of these regulations.
(A) Final plat submittal requirements. Prior to the expiration of the approved preliminary plat, the
subdivider shall file a complete final plat with the planning division consisting of the following.
(1) Fifteen 24" x 36"prints of the final plat.
(2) Title report issued not more than 30 days prior to the date of submittal by a state-registered title
company.
(3) Electronic submittal and 4 sets of the improvement plans including,paving and street improvement
plans, site and drainage improvement plans, utility plans, stormwater pollution prevention plans (SWPPP),
and street lights plans. Improvement plans submittal requirements are outlined in § 10-2-17 Civil
Engineering Plan Review Checklist, Engineering Standards, Vol. 1I, Apache Junction City Code.
(4) The subdivider shall file a streetlight improvement district application with public works department
prior to the approval of the final plat.
(5) Conditions, covenants and restrictions ("CC&Rs). The subdivider shall submit 2 copies of the deed
restrictions that describe the responsibilities of the unit owners for maintaining common areas and facilities
and all other pertinent information and requirements as applicable.
(6) The director or his or her designee may require an applicant to adhere to all preliminary plat
requirements during the final plat process, such as,but not limited to, establishing an HOA and including
CC&Rs in its deeds setting forth the perpetual obligation to financially contribute for the maintenance of all
community areas such as private roads, pools, and playground and recreational areas.
(7) Payment of the final plat filing fees as set forth in Chapter 4, Fees, Article 4-4, Vol. I, Apache
Junction City Code.
(B) Final plat review.
(1) The planning division, upon receipt of the final plat and improvement plans submittals, shall
immediately record the date of filing and shall review the final plat and improvement plans for completeness.
If complete, the planning division shall review the final plat and improvement plans for substantial
conformity to the approved preliminary plat and refer copies of the submittal to the following staff and
agencies which will be requested to make known their recommendations, in writing, addressed to the Council
through the planning division and city manager: see list of reviewing staff and agencies as shown in § 2-2-
4(B)(2)(a) for preliminary plat review.
(2) The planning division shall assemble the recommendations of the various reviewing offices, prepare
a concise summary of recommendations, and submit the summary with the reviewers' recommendations
back to the applicant or their representative.
(3) Once the planning division has transmitted revisions and recommendations for corrections to the
final plat and improvement plans one or more times, and all revisions are not submitted back to the city
within 12 months, a new final plat application and fees shall be required to re-initiate the final plat process.
(4) In the event that the planning division finds that the final plat does not substantially conform to the
preliminary plat as approved by the city council or the Subdivision Committee, the subdivider shall revise to
conform to the preliminary plat or shall be required to submit a new preliminary plat application.
(5)Where an approved MPC District is in place, the planning division shall complete the final plat review as
described in Article 2-2-5 (13)(1) and Article 2-2-5 (13)(2)`within ninety(90) calendar days of the date of
ding.:....
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(C) Council hearing and action.
(1) Upon receipt of a request for council action by the planning division, in accordance with procedures
established by the City Clerk, the development services director shall place the final plat on the council
agenda of the next regular meeting, whereupon the council shall consider the application.
(2) Upon approval of the final plat by the city council, the city clerk shall transcribe a certificate of
approval upon the plat, first making sure that the other certifications required by this section have been duly
signed.
(3) When the certificate of approval by the council has been transcribed on the final plat, the planning
division shall retain the copy to be recorded until the civil engineering improvement plans have been
approved, and the public improvement security has been provided.
(4) The planning division shall cause the final plat to be recorded in the office of the county recorder of
the county within which the platted lands lie and the recordation fee shall be paid thereto.
(5) The original Mylar copy of the recorded plat shall be retained by the Planning division, including the
submittal of electronic copies in PDF and DWG format.
(6) If the council rejects the final plat, the reasons shall be recorded in the minutes and the subdivider
shall be notified, in writing, of the reasons for rejection.
(D) See Appendix for final plat conditions.
(E) Final plat recordation (including amended plats).
(1) All the required improvement plans (grading and drainage,paving, utilities, etc.) shall be approved
by the city prior to final plat recordation.
(2) When the improvement plans have been approved, the final plat shall be signed by the appropriate
city officials to indicate the city's approval, and the city shall cause the plat to be recorded in the appropriate
county recorder's office.
(F) Final plat amendment. One of the 3 following methods shall be utilized to amend a recorded final plat.
The developer shall arrange a meeting WITH development services department staff to determine the method
of amendment. Any amendment to recorded plat may be subject to the currently adopted city codes or state
statutes which may have occurred since the recordation of the original plat, as determined by city staff.
(1) Return to the preliminary plat/final plat procedure (major changes). This method shall be utilized
when there are proposed changes involving any of the following: zoning, type of lots, number of lots (4 or
more), tracts or common area facilities or a change to the purpose of any tract common areas. Any changes
which substantially alters the original approved final plat, as determined by city staff, shall require a
preliminary plat and final plat procedure.
(2) Re plat procedure (moderate changes). This method shall be utilized when there are proposed
changes involving any of the following: the configuration of 3 or more lots, lot line adjustments affecting 3
or more lots, roadway alignment, abandonment of public rights-of-way, tracts dedicated for specific
purposes, extinguishment of easements, dedication or rededication of rights-of-way. No preliminary plat is
required with this procedure.
(3) Certificate of correction (minor changes). This method shall be utilized when there are minor
changes proposed involving any of the following: an adjustment to no more than 2 lots or 1 lot and 1 tract,
bearing or distance changes,minor corrections to language of dedication, notes, or legal description.
Certificate of correction shall be prepared by a registered land surveyor. Development services department
staff shall review and approve the certificate of correction prior to recordation at the county recorder's office
(for lot line adjustments, see § 2-5-4).
(G) Final plat vacation. Refer to § 2-1-17 of this Subdivision Regulations.
(Ord. 1452,passed - -2017)
15
ARTICLE 2-3: SUBDIVISION DESIGN PRINCIPLES AND
STANDARDS
Section
2-3-1 In general
2-3-2 Street location and arrangement
2-3-3 Street design
2-3-4 Block design
2-3-5 Lot planning
2-3-6 Easement planning
2-3-7 Street names
2-3-8 Street and utility improvement requirements
§ 2-3-1 IN GENERAL.
(A) Where the tract to be subdivided contains all or any part of the site of a park, school site, flood control
facility, fire station or other public area as shown on the city general plan, the site shall be dedicated to the
public and ownership shall be transferred to the appropriate entity concurrently with final plat recordation.
An agreement shall be reached between the subdivider and the appropriate public agency regarding time,
method and cost of the acquisition. In the event the development services director or his or her designee
determines that such an agreement has not been reached within the specified period of time, then the
development services director or his or her designee may make a determination that the requirements of this
section have not been met. The final plat shall not be recorded unless such an agreement is entered into
between the parties.
(B) Land which is subject to periodic flooding or land which the development services project engineer or
his or her designee determines cannot be properly drained shall not be subdivided, except that the city
council may approve subdivision of the land upon receipt of evidence from the development services project
engineer or his or her designee that the construction of specific improvements can be expected to render the
land suitable for subdividing; thereafter, construction upon the land shall be prohibited until the specified
improvements have been planned, designed and construction guaranteed to the satisfaction of the
development services project engineer or his or her designee . Land within the Federal Emergency
Management Agency("FEMA") floodplain areas is administered through § 5-1 Floodplain Management,
Chapter 5, Vol. II, Apache Junction City Code.
(C) The project's surveyor/engineer shall submit the compaction report and the building pad elevation
certification prior to the issuance of the building permit for each lot within the subdivision. A drainage and
retention certification for all related drainage areas shall be submitted prior to the release of a building
clearance for occupancy. As-built plans shall be provided to the city at the final completion stage of the
subdivision, indicating the finish floor elevation of each structure and all other pertinent grade elevations
within the project. Building structures with basements shall submit finish floor elevation certification prior to
the release of a building clearance for occupancy.
(D) "Where an MPC District is being formed, alternate requirements for street design, block design, lot
planning, easement';planning, and street names as stated within this Article 2-3 may be proposed and made
a part of the approved MPC district.
(Ord. 1452,passed - -2017)
§ 2-3-2 STREET LOCATION AND ARRANGEMENT.
(A) Whenever a tract to be subdivided embraces any part of a street designated in the adopted street
classification plan, such street shall be platted in conformance therewith.
(B) Street layout shall provide for the continuation or termination of such streets.
(C) Certain proposed public streets, as designated by the development services director and the city
engineer or their designees, shall be extended or stubbed to the tract boundary to provide future connection
with adjoining unplatted lands. Easements and improvements for temporary cul-de-sacs shall be provided.
16
No spite strips are permitted.
(D) Local streets shall be so arranged and designed as to provide connectivity and to discourage their use
by through traffic.
(E) Where a proposed subdivision abuts or contains an existing or proposed arterial route, any or all of the
following may be required to preserve the traffic function along the arterial route: access or frontage streets,
or non-access easements along the arterial route, or such other treatment as may be justified for protection of
residential properties from the nuisance and hazard of high-volume traffic.
(F) Where a subdivision abuts or contains the right-of-way of a limited access highway or an irrigation
canal, or abuts a commercial or industrial land use, the development services director and the city engineer or
their designees may require location of a street approximately parallel to and on each side of the right-of-way
at a distance suitable for appropriate use of the intervening land. Such distance shall be determined with due
regard for approach grades, drainage,bridges or future grade separation. The city may require a shared access
roadway/drive to serve abutting residential and commercial/industrial land uses.
(G) Streets shall be so arranged in relation to existing topography as to produce desirable lots of
maximum utility and streets of reasonable gradient and to facilitate adequate drainage with due consideration
of traffic safety.
(H) The city policy is to discourage alleys in residential subdivisions. Public alleys shall conform to the
requirements of§ 10-3-6(F)Public Alleys, Engineering Standards, Vol. II, Apache Junction City Code.
(1) Half-streets shall be discouraged except where necessary to provide right-of-way required by the street
classification plan to complete a street pattern already begun or to ensure reasonable development of a
number of adjoining parcels. Where there exists a platted half-street abutting the tract to be subdivided and
the half-street furnished the sole access to residential lots, the remaining half shall be platted.
(J) Where an MPC District is being formed, alternate requirements as stated within this Article 2-3-2 may be
proposed and made a part of the approved MPC District.
(Ord. 1452,passed - -2017)
§ 2-3-3 STREET DESIGN.
Street design shall conform to the requirements of Article 10-3 Street Design and Construction,
Engineering Standards, Vol. II, Apache Junction City Code. Notwithstanding the foregoing,where an MPC
District is being formed, alternate requirements as stated within this Article 2-3-3 may be proposed and made
a part of the approved MPC District.
(Ord. 1452,passed - -2017)
§ 2-3-4 BLOCK DESIGN.
(A) Maximum lengths. The maximum lengths of blocks,measured along the centerline of the street and
between intersecting street centerlines, is 1,320 feet, except that in development with lot areas averaging 1/2
acre or more, or where conditions warrant, this maximum may be 1,960 feet. Blocks shall be as long as
reasonably possible under the circumstances within the above maximums in order to achieve depth and
possible street economy and to reduce the expense and safety hazard arising from excessive street
intersections.
(B) Cul-de-sac streets. Maximum length of cul-de-sac streets is 750 feet measured from the intersection of
right-of-way lines to the extreme depth of the turning circle along the street centerline, and serve no more
than 24 dwellings. Exceptions may be made where topography, adjacent platting, or other unusual conditions
justify such. No exception shall be made merely because the tract has restrictive boundary dimensions
wherein provisions shall be made for extension of street patterns to the adjoining unplatted parcel and a
temporary turn-around installed.
(C) Pedestrian ways. Pedestrian ways shall be required where essential for circulation or access to
schools, playgrounds, shopping centers, transportation and other community facilities. Pedestrian ways may
be used for utility purposes.
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(D)Where an MPC District is being formed, alternate requirements as stated within this Article 2-3-4 may be
proposed and imade;a part of the approved MPC District.
(Ord. 1452,passed - -2017)
§ 2-3-5 LOT PLANNING.
(A) (1) Lot width, depth and area shall comply with the minimum requirements of the zoning ordinance
and shall be appropriate for the location and character of development proposed and for the type and extent
of street and utility improvements being installed.
(2) Depth-to-width ratio of the usable area of lot shall not be greater than 3:1.
(3) Where steep topography, unusual soil conditions, drainage problems, abrupt changes in land use or
heavy traffic on adjacent streets prevail, the council may make special lot width, depth and area requirements
which exceed the minimum requirements of the particular zoning district.
(B) Side lot lines shall be at right angles and radial to curves.
(C) Every lot shall abut a public or private street at a minimum 30' of frontage. A private street shall
possess satisfactory access to other existing public streets. Private streets shall be owned and maintained by a
private association or corporation and will not be considered for future dedication and city maintenance if not
developed to minimum city standards.
(D) Single-family residential lots extending through the block and having frontage on 2 parallel streets
shall not be permitted; backing or siding of lots to thoroughfares shall be allowed,providing the average lot
depth is increased by 10 feet installation of a ten-foot landscape buffer as required by the landscape code and
a 6-foot high from finished lot grade masonry wall or other suitable decorative fencing material is
constructed at the right-of-way line. Lots backing or siding upon a thoroughfare or arterial street shall have a
recorded non-access private easement one-foot wide along the lot line abutting those streets. Lots fronting on
a thoroughfare or arterial street shall require a frontage road.
(E) Lots on curvilinear streets shall have rear lot lines consisting of a series of straight lines with points of
deflection occurring only at the junction of side lot lines, unless otherwise approved by the development
services project engineer or his or her designee. Curvilinear rear lot lines with a minimum radius of 800 feet
may be provided, if approved by the development services project engineer or his or her designee.
(F) No flag lots are allowed.
(G)Where an MPC District is being formed, alternate requirements as stated within this Article 2-3-5 may be
proposed and made a part of the approved MPC District.
(Ord. 1452, passed - -2017)
§ 2-3-6 EASEMENT PLANNING.
(A) The subdivider shall provide utility easements as required by the serving utilities and is responsible
for coordinating such with the utilities concerned.
(B) Except where alleys are allowed and provided, lots shall provide for front and side utility easements as
required by the utility company.
(C) Where alleys are provided in multiple-family, commercial or industrial areas, a refuse container,
transformer and service cabinet easement shall be provided of sufficient size as determined by the
development services project engineer or his or her designee and/or utility company.
(D) Drainage and other easements shall be indicated as required by the development services project
engineer or his or her designee.
(E) Where an MPC District is being formed, alternate requirements as stated within this Article 2-3-6 may be
proposed and made a part of the approved MPC District.
(Ord. 1452,passed - -2017)
§ 2-3-7 STREET NAMES.
The subdivider shall indicate the proposed street names subject to approval by the city council at the
preliminary plat stage. Street naming shall be in compliance with the manual"Procedures for Street Naming
18
and Address Assignment, City of Apache Junction, Arizona," following council adoption of same.
Notwithstanding the foregoing, where an MPC District is being formed, alternative street naming
conventions may be proposed that differ from this Article 2-3-7.Provisions for alternative street naming shall
be made a part of the pre-annexation development agreement for the proposed MPC District.
(Ord. 1.452,passed - -201.7)
§ 2-3-8 STREET AND UTILITY IMPROVEMENT REQUIREMENTS.
The Engineering Standards set forth in Apache Junction City Code, Vol. Il, Chapter 10, Article 1.0-3 Street
Design and Construction shall govern all such requirements.
(Ord. 1.452,passed - -201.7)
ARTICLE 2-4: CONSTRUCTION ASSURANCES FOR
ONSITE IMPROVEMENTS AND AMENITIES
Section
2-4-1 Default
2-4-2 Inspection and release
§ 2-4-1 DEFAULT.
In the event that the subdivider fails or neglects to satisfactorily install the required improvements within
the time agreed upon for performance, the city shall withhold the issuance of building permits until such time
as the improvements are installed and inspected per the city approved plans.
(Ord. 1452,passed - -2017)
§ 2-4-2 INSPECTION AND RELEASE.
(A) The subdivider, using the services of an Arizona registered professional civil engineer and plans as
approved by the city development services project engineer or his or her designee, shall be responsible for
the quality of all materials and workmanship. At the completion of the work, the subdivider's engineer of
record shall make an inspection of the improvements and shall submit a set of`as-built' construction plans if
complete or a report on the status of improvements if only partially complete to the city development services
project engineer or his or her designee. The development services project engineer or his or her designee will
review the as-built plans and/or report and notify the developer of any non-compliance with the approved
construction plans or with any regulations.
(B) The following certification shall be sealed, signed and dated by the subdivider's engineer of record, or
any licensed civil engineer in the State of Arizona, on the as-built plans. The as-built plans shall be approved
by the development services project engineer or his or her designee. The certification statement shall read as
follows: "In my professional opinion, the constructions of all required improvements have been completed in
substantial conformance with the city approved plans and specifications including changes and addendums.
My professional opinion is based, in part, upon the completion of certain tests and measurements and/or the
review of the results of such tests and measurements completed by others."
(Ord. 1452,passed - -2017)
ARTICLE 2-5: ADMINISTRATIVE SU1 DIVI I ; LAND
SPLITS/MINOR LAND DIVISION,
LOT LINE ADJUSTMENT, AND LOT COMBINATION
Section
2-5-1 Applicability
2-5-2 Enforcement
2-5-3 Land split application and approval procedures
2-5-4 Lot line adjustment
2-5-5 Lot combination
§ 2-5-1 APPLICABILITY.
19
(A) The regulations contained in this Article shall apply to all divisions of land created for sale or lease
within the corporate limits of Apache Junction, defined by this Article to be a land split.
(B) It shall be unlawful for any person,partnership or other legal entity to create for sale or lease any
parcel that is subject to the requirements of this Article until a recorded land split map and accompanying
deeds complying with the provisions of this article has been approved by the city.
(C) An approved land split map shall be null and void, if the appropriate deeds regarding said land split
are not recorded within 12 months of city approval.
(D) The following are the requirements for the division of land that shall proceed through the subdivision
process:
(1) The division of any property into 2 or more parcels, if a new public street is involved.
(2) The division of any property, the boundaries of which have been fixed by a recorded subdivision
plat, into more than 2 parcels.
(3) The creation of 4 or more units having the right of exclusive occupancy coupled with an undivided
interest in the land, such as in a condominium, horizontal property regime, cooperative, community
apartment, townhouse or similar project.
(E) The creation of up to 3 units having the right of exclusive occupancy coupled with an undivided
interest in the land, such as in a condominium, horizontal property regime or similar project, shall proceed
through the land split map process.
(F) Where land is taken from platted or unplatted parcel(s)is added to an adjacent parcel through
recording a deed, a boundary adjustment need not be filed with the city,provided that the proposed
adjustment does not:
(1) Create any new lots;
(2) Render any existing lots substandard in size or shape;
(3) Render substandard the setbacks of existing development; or
(4) Impair any existing access, easements or public improvements.
(Ord. 1452,passed - -2017)
§ 2-5-2 ENFORCEMENT.
Apache Junction City Code, Volume 11, §§ 2-1-21, 2-1-22 and 2-1-23 shall apply.
(Ord. 1452,passed - -2017)
§ 2-5-3 LAND SPLIT APPLICATION AND APPROVAL PROCEDURES.
(A) Approval of map. The division of land defined by this article requires the approval of a land split map
by the development services director or his or her designee or the city council.
(B) Purpose. The purpose of the land split map review is to determine the appropriateness of the access
and lot design with respect to the contours of the land, to determine if the setbacks of existing development
are being rendered nonconforming with the creation of new lot lines, to determine if a subdivision is being
created, and to determine whether or not the proposed land split conforms with city policies and ordinances.
(C) Pre-application conference.
(1) The pre-application conference stage of the land split review is an investigatory period which
precedes the preparation and the submittal of the application. The applicant shall present his or her proposal
to the planning division, which shall advise the applicant of specific public objectives, standards and
regulations related to the property and the procedure for land split review.
(2) This stage of processing affords the planning division the opportunity to give informal guidance at a
time when potential conflicts can be most easily resolved, additional requirements or may be discussed, and
undue expense and delay are saved by the applicant.
(D) Application requirements. Applicants requesting land split map approval shall submit the following to
the planning division:
(1) A completed application form;
(2) Fees as specified in the Apache Junction City Code, Vol. I, Chapter 4, Fees, Article 4-4;
(3) Three 18" x 24" blueline or blackline prints folded into a 9"x12" size. One Mylar print(shall be
submitted later, but prior to final approval of the land split map);
20
(4) Proof of ownership, such as a copy of the deed to the land, and a signed statement in the application
form affirming current ownership. If discrepancies arise in verification, then applicant may be required to
provide additional proof of ownership, such as a vesting or title report; and
(5) After final review and all corrections have been made, one 18"x24" Mylar final land split map shall
be submitted for development services director's signature.
(E) Planning Division review. The planning division shall review the application and make a
determination as to its completeness. The planning division shall advise the applicant of deficiencies if the
application is determined to be incomplete.
(F) Recommendations. Upon determining that an application is complete, the planning division may
distribute materials to the following agencies for their recommendations:
(1) Other city departments;
(2) Fire District Chief, and
(3) Any other relevant agency.
(G) Land split map requirements. The following are the requirements for the minor division/landsplit of
land, lot combination, and lot line adjustment that shall proceed through the process of the preparation of
results of survey map:
1. Depth-to-width ratio of the lot shall usually be not greater than 3:1'
2. Every lot shall abut a public or private street at a minimum frontage designated by the zoning district.
3. Curvilinear lot lines are not allowed.
4. Lot lines shall consist of a series of straight lines with no turn angles or curvilinear interior lot lines.
The division line shall be straight from front property line to rear property line or from side to side.
5. No flag lots are allowed(Defined as: a long; slender strip of land resembling a flag pole that extends
from the typically rectangular main section of the lot or the "flag"to the street).
. Lot width, depth and area shall comply with the minimum requirements of the zoning ordinance and
shall be appropriate for the location and character of the development proposed and for the type and
extent of street and utility improvements being installed.
(1) The final land split map shall be submitted on a reproducible Mylar film drawn with India ink, or
similar permanent ink, at a scale large enough to show all details clearly(normally 1 inch= 100 feet or
larger) on a sheet 18" x 24". A line shall be drawn around the sheet leaving a margin of 1 inch, and a left
margin of 2 inches.
(2) The land split map shall show or contain the following information:
(a) A title to read: "Apache Junction Land Split Map (case number);
(b) Graphic and written scale, north indicator, and date of preparation;
(c) Legal description of the parent parcel, and each proposed new lots;
(d) Location and description of existing and proposed monuments to which all bearings, dimension,
angles and similar data shall be referenced. Such data shall be tied to the city datum system;
(e) Boundaries of the property fully balanced and closed, showing all bearings and distances (in feet
and decimals thereof), determined by an accurate survey in the field. Boundary closure calculations are
required with error of closure;
(f) By note or a legend, identify any symbols used on the map;
(g) Bearings and dimensions of all existing parcel lines and proposed lot lines, with each new lot
identified by letter and indicating the net area in square feet of each lot;
(h) Name, course, length and width of existing and proposed street dedications;
(i) Location, length; and width of existing and proposed access, utility,public service and drainage
easements. No more than 1 lot or parcel may be granted a private access easement across another abutting
lot;
0) The identification of adjacent subdivisions and land split maps by record data;
21
(k) Flood zone information and delineation on the map of any areas identified on the flood insurance
rate map as special flood hazard areas. Also, tributary washes outside the special flood hazard areas shall be
delineated;
(1) The location of existing structures;
(m) Name of owner or trustee;
(n) Engineer's or surveyor's certificate:
"This is to certify that the survey and the map of the division of land described herein was accurately done
under my direction and that all lots are staked or will be staked and all monuments are set or will be set
within 1 year after recordation.
Signature Date Registration No. Seal"
(o) Certificate of approval:
"This is to certify that this map complies with the requirements of the City of Apache Junction; and that
this land split map is hereby approved on this day of , 20_.
By:
Development Services Director"
(H) Evaluation criteria. The development services director or his or her designee and the city council (in
the case of an appeal), in evaluating and making decisions on land split proposals, shall consider the
following criteria:
(1) The land split proposal's consistency with the city's general plan;
(2) The proposal's conformity to the city's zoning ordinance;
(3) The proposal's conformity to Vol. II, Articles 2-3 and 2-4 of this chapter and other applicable
sections of the city's subdivision regulations;
(4) The proposal's conformity with the city's street classification plan;
(5) The proposal's lot size and design in respect to the site's topography;
(6) The identification of any setback problems with respect to any existing development on the property
and the new lot boundaries to be created;
(7) A determination from the title information and lot/street design that a subdivision is not being
created;
(8) That the signatures on the land split map have been affixed with India ink, or similar permanent ink,
and other requirements for recordation are complied with; and
(9) Other pertinent criteria.
(I) Decision. The development services director or his or her designee shall render a decision on the
proposed land split. If approved, then 1 finalized Mylar land split map shall be submitted to the development
services director or his or her designee for final signature and recordation, and a copy of the recorded land
split shall be sent to the applicant. If the proposed land split is denied, a notice of the decision shall be sent to
the applicant advising him or her that he or she may appeal the decision of the director or his or her designee
to the city council. If approved, the applicant shall submit the following:
(1) A final,recordable,reproducible, mylar map 18" x 24" consistent with the approved land split map.
(2) The format for recording shall meet all requirements of the county recorder's office.
(3) Once approved by the city, the city shall record the land split map with the county recorder's office
within 60 days of approval. The original mylar of the recorded land split map shall become the property of
the city.
(4) Within 1 year of land split map approval, the owner/applicant shall record deeds for the new lots and
shall utilize the approved legal descriptions for the newly created lots, as transcribed on the approved land
split map.
(5) Owner/applicant shall provide the planning division with copies of the recorded deeds within 1 year.
Failure to record the new deeds within 1 year of approval shall render the approved land split null and void.
(J) Appeal. An appeal of the director's decision must be filed, in writing, with the city clerk's office
within 30 days of the date of decision. The council shall consider the appeal no earlier than 14 days nor later
22
than 45 days from the date of the filing of the appeal.
(Ord. 1.452,passed - -201.7)
§ 2-5-4 LOT LINE ADJUSTMENT.
(A) Purpose and applicability. The lot line adjustment is an agreement between adjoining property
owners to adjust a common boundary line which does not result in a net gain in the number of lots or parcels.
For purposes of this article, a lot line adjustment shall conform to the following provisions:
(1) A lot line adjustment between owners of adjoining properties within the same recorded final plat
solely for the purpose of revisions to common boundary lines; and
(2) Additional lots or parcels are not being created; and
(3) All lots remaining after the lot line adjustment shall contain conforming setbacks and minimum lot
size, width, depth, and frontage as required by the zoning ordinance, and shall meet all other lot development
standards of the zoning ordinance.
(B) The council hereby grants the development services director or his or her designee, hereinafter
referred to as "director,"the power and authority to administratively review and approve or disapprove of
minor adjustments of lot line boundaries for parcels within the city, as per the regulations contained herein.
(C) General standards.
(1) All lot line adjustments shall comply with all the requirements of the specific zoning district in
which the divisions are located. This includes compliance with the following standards, if applicable:
(a) Minimum lot size.
(b) Minimum lot width.
(c) Minimum setbacks.
(d) Minimum yard or frontage requirements.
(2) No lot line adjustment shall result in more dwelling units than are permitted by the zoning district for
which the lot or parcel is located.
(3) No lot line adjustment shall result in a split zoning classification on a single lot or parcel.
(4) No lot line adjustment shall result in the creation of a non-conforming structure or use.
(5) No lot line adjustment shall result in a lack of legal access as defined by city standards to any lots or
parcels created by the division.
(D) Application requirements. This section outlines the minimum information needed to enable the city to
make informed and expeditious decisions regarding applications for lot line adjustments. Unless exempted by
the director or his/her designee, the information contained in this section shall be provided by each applicant.
All mapped data shall be drawn to a scale of not greater than 1 inch equals 100 feet(1" = 100'). Unless
otherwise directed, the map data shall be drawn on a sheet size of 18 inches by 24 inches (18" x 24").
(E) Lot line adjustment application process.
(1) Completed city lot line adjustment application form shall be submitted to the director.
(2) Lot line adjustment survey submittal: 2 copies completed by a registered land surveyor in the State
of Arizona.
(3) Payment of an application fee as set by the council under the Apache Junction City Code, Vol. I,
Chapter 4,Fees, Article 4-4. Recording fees are separately applied by the county recorder's office.
(4) If necessary to accurately review the application, the director may require additional information to
be shown on the lot line adjustment map, including buildings, structures, streets, driveways, and other
information. If rejected, written notice shall be provided to the applicant via first class mail. The written
notice shall specify the reasons for denial.
(F) Decision. The director shall render a decision to approve or reject the application of the proposed lot
line adjustment within 30 days after submittal. If approved, then 1 finalized Mylar lot line adjustment map
shall be submitted to the director for final signature and recordation, and a copy of the recorded lot line
adjustment map shall be sent to the applicant. If the proposed lot line adjustment is denied, a notice of the
decision shall be sent to the applicant advising him or her that he or she may appeal the decision of the
director to the Board of Adjustment. If approved, the applicant shall submit the following:
(1) A final,recordable, reproducible, Mylar map 18 inches by 24 inches 18" x 24" consistent with the
23
approved lot line adjustment map.
(2) The format for recording shall meet all requirements of the county recorder's office.
(3) Once approved by the city,the city shall record the lot line adjustment map with the county
recorder's office within 30 days of approval. The original Mylar of the recorded lot line adjustment map shall
become the property of the city.
(4) Within 1 year of lot line adjustment map approval, the owner/applicant shall record deeds for the
new lots and shall utilize the approved legal descriptions for the newly created lots, as transcribed on the
approved lot line adjustment map.
(5) Owner/applicant shall provide the planning division with copies of the recorded deeds within 1 year.
Failure to record the new deeds within l year of approval shall render the approved lot line adjustment null.
and void.
(G) Appeal. An appeal of the director's decision to the Board of Adjustment shall be filed, in writing, with
the development services department within 30 days from the date of the Board's decision. The Board of
Adjustment shall consider the appeal as set forth in A.R.S. § 9-462.06.
(Ord. 1452,passed - -2017)
§ 2-5-5 LOT COMBINATION.
(A) Purpose and applicability. The lot combination process allows an owner of 2 or more contiguous lots,
which are not in a platted subdivision and/or in a planned development zoning district, to combine the lots
into 1 lot without a subdivision plat amendment. For purposes of this article, a lot combination shall conform
to the following provisions:
(1) The proposed lot combination shall not violate any provision of the city land development code, or
other provisions of applicable ordinances and regulations.
(2) The proposed lot combination shall not substantially reduce the amount of privacy currently enjoyed
by nearby property owners.
(3) The proposed lot combination shall not substantially and adversely affect traffic or traffic
circulation, drainage, sewage treatment systems, or other such systems.
(4) The lot combination does not create a situation where the proposed use of the property will create a
hazard or nuisance.
(5) The lots being combined shall be contiguous, and if in a platted subdivision, shall not include lots
located in another separate subdivision.
(6) The lots shall have the same owner.
(7) The lots being combined shall have the same zoning designation.
(8) The applicant shall obtain a new assessor parcel number through the county assessor's office.
(B) The council hereby grants the development services director or his or her designee, hereinafter
referred to as "director," the power and authority to administratively review and approve or disapprove a lot
combination of parcels within the city, as per the regulations contained herein.
(C) General standards.
(1) All lot combinations shall comply with all the requirements of the specific zoning district in which
the divisions are located.
(2) No lot combination shall result in more dwelling units than are permitted by the zoning district for
which the lot or parcel is located.
(3) No lot combination shall result in a split zoning classification on a single lot or parcel.
(4) No lot combination shall result in the creation of a non-conforming structure or use.
(5) No lot combination shall result in a lack of legal access as defied by city standards to any lots or
parcels created by the combination.
(D) Application requirements. This section outlines the minimum information needed to enable the city to
make informed and expeditious decisions regarding applications for lot combinations. Unless exempted by
the director, or his/her designee, the information contained in this section shall be provided by each applicant.
All mapped data shall be drawn to a scale of not greater than 1 inch equals 100 feet(1" = 100'). Unless
otherwise directed, the map data shall be drawn on a sheet size of 18 inches by 24 inches (18" x 24").
24
(E) Lot combination application process.
(1) Completed city lot combination application form shall be submitted to the director.
(2) Lot combination survey submittal: 2 copies completed by a registered land surveyor in the State of
Arizona.
(3) Payment of an application fee as set by the council under the Apache Junction City Code, Vol. I,
Chapter 4, Fees, Article 4-4. Recording fees are separately applied by the county recorder's office.
(4) If necessary to accurately review the application, the director may require additional information to
be shown on the lot combination map, including buildings, structures, streets, driveways, and other
information. If rejected, written notice shall be provided to the applicant via first class mail. The written
notice shall specify the reasons for denial.
(F) Decision. The director shall render a decision to approve or reject the application of the proposed lot
combination within 30 days after submittal. If approved, then 1 finalized Mylar lot combination map shall be
submitted to the director for final signature and recordation, and a copy of the recorded lot combination map
shall be sent to the applicant. If the proposed lot combination is denied, a notice of the decision shall be sent
to the applicant advising him or her that he or she may appeal the decision of the director to the Board of
Adjustment. If approved, the applicant shall submit the following:
(1) A final,recordable, reproducible, Mylar map 18 inches by 24 inches 18" x 24" consistent with the
approved lot combination map.
(2) The format for recording shall meet all requirements of the county recorder's office.
(3) Once approved by the city, the city shall record the lot combination map with the county recorder's
office within 30 days of approval. The original Mylar of the recorded lot combination map shall become the
property of the city.
(4) Within 1 year of lot combination map approval, the owner/applicant shall record a deed for the new
combined lot and shall utilize the approved legal description for the newly created lot combination, as
transcribed on the approved lot combination map.
(5) Owner/applicant shall provide the planning division with copy of the recorded deed within 1 year.
Failure to record the new deed within 1 year of approval shall render the approved lot combination null and
void.
(G) Appeal. An appeal of the director's decision to the Board of Adjustment shall be filed, in writing, with
the development services department within 30 days from the date of the Board's decision. The Board of
Adjustment shall consider the appeal as set forth in A.R.S. § 9-462.06.
(Ord. 1452,passed - -2017)
ARTICLE 2® 0 CONDOMINIUM PLATS AND CONDOMINIUM
CONVERSIONS
Section
2-6-1 Purpose
2-6-2 Applicability
2-6-3 General standards
2-6-4 Application process
2-6-5 Final plat approval
§ 2-6-1 PURPOSE.
The purpose of this section to establish requirements and procedures for new condominium developments
and condominium conversions for existing development so as to provide for the public health, safety and
general welfare through adherence to development standards as provided in this chapter and other applicable
city codes and ordinances, including adequate provision of utilities, water supply, sanitary sewerage and
similar common facilities.
(Ord. 1452,passed - -2017)
§ 2-6-2 APPLICABILITY.
Condominium and condominium conversion is subject to the regulations as described by A.R.S. Title 33,
25
Chapter 9, Condominiums, and Title 9, Chapter 6.2, Municipal Subdivision Regulations. The creation of a
condominium form of ownership for properties shall be through the subdivision platting process. There must
be a minimum of 4 units in order to qualify for a condominium through subdivision platting.
(ARS §§ 33-1201 et seq., and 9-463 et seq.).
(Ord. 1452,passed - -2017)
§ 2-6-3 GENERAL STANDARDS.
(A) General. The council shall not refuse approval of a final plat of a project described as a condominium
under provisions of this chapter because of location of buildings on the property shown on the plat and not
in violation of this chapter or on account of the manner in which airspace is to be divided in conveying the
condominium. Fees and lot design requirements shall be computed and imposed with respect to such plats on
the basis of parcels or lots on the surface of the land shown thereon as included in the project. Plats of such
projects may be based on building footprints but, as per state statute, they do not need to show the buildings
or the manner in which the buildings or airspace above the property are to be divided. This subsection does
not limit the power of the council to regulate the location of buildings in such a project by or pursuant to a
zoning ordinance.
(B) New condominium development. New condominium development shall be subject to the standard
procedures and requirements for development, as established by the city, including compliance with zoning
ordinances,building codes, design review and other applicable codes and ordinances.
(C) Condominium conversion. Condominium conversion of existing development shall be subject to final
plat approval by the commission and council.
(1) Disclosure report requirements: the subdivider shall submit an affidavit stating that the units to be
converted meet the applicable standards of the building code, and city code. Any subdivider who files a final
plat for a condominium, cooperative, community apartment, townhouse development, or manufactured home
subdivision, whether for the purpose of new development or the subdivision of an existing development,
shall submit a copy of a report on the physical condition of all buildings, structures, and other improvements
to the property to be subdivided prior to approval of a final plat by the mayor and council. This report shall
be made available by the subdivider to all prospective purchasers of the initial condominium units prior to
execution of a binding contract of purchase. The disclosure report shall be recorded with the appropriate
county recorder at the same time as the final plat. The report shall contain the following:
(a) A report describing the physical condition of elements of the structure, equipment, or appliances in
a unit, the repair or replacement of which will be the responsibility of the purchaser. The report shall state the
approximate date on which the element, equipment, or appliance was originally constructed or installed; the
approximate date on which it was subsequently replaced or will likely require replacement; and the current
estimated cost of replacement.
(b) This report shall not be construed to create any warranties, express or implied.
(c) A report containing information to be obtained from the fire district describing the extent to which
the buildings and structures to be converted by the plat submitted by the subdivider deviate from applicable
requirements of the fire code, and the city code in the following specified areas of fire safety:
1. Accessibility of buildings and structures to fire-fighting equipment; and
2. Proximity and frequency of fire hydrants; and
3. Description of the building construction rating for"party walls" and fire barriers between units.
(d) A statement of the estimated fees or assessments, if any, that the purchaser of a unit will pay, on a
monthly and yearly basis, for at least a 2 year period following purchase.
(e) A report from a licensed pest control operator on each building or structure and each unit within
the building or structure. A statement of the unit's average monthly utility costs, including water, sewer, trash
collection, electricity and natural gas, based on the preceding 12 month period, where the subdivider has
access to such utility cost data.
(2) Certificate of occupancy: prior to final plat Approval, evidence of building permits and/or certificate
of occupancy for the original construction must be submitted or the applicant must provide plans of the site
with the water distribution system and wastewater drainage system shown on as-built plans "signed and
26
sealed"by an Arizona registered professional engineer. Copies of the required Arizona Department of
Environmental. Quality("ADEQ") application for such may be submitted to fulfill this requirement. The
professional registrant shall also submit a"signed and sealed" statement that indicates that the existing
systems are properly installed and located as per building safety requirements. The statement shall indicate
the year the structure was built, the building codes in effect at the time of construction completion, if known,
and the results of independent testing of the"party walls" or fire barriers between units. Independent testing
of at least 10% of the units in the overall project, including at least 1 unit in each separate building shall be
required. This may require some site investigation by contractors to verify sizes and locations of systems and
the physical condition of building components. The results shall be provided for the building official to
review at the time the applicant applies for final plat approval.
(Ord. 1452,passed - -2017)
§ 2-6-4 APPLICATION PROCESS.
General requirements.
(A) Sanitary sewage, water supply and refuse disposal. It is the responsibility of the subdivider to provide
the Arizona Department of Environmental Quality ("ADEQ")with plans and applications for the design and
operation of sanitary sewer facilities, water supply and refuse disposal, as required.
(B) New condominium development. For condominium projects being developed through new
construction, the procedures for processing the application shall be the same as with other new development
with the exception that the subdivision may be submitted directly for final plat review to the commission and
council after preliminary approval by staff that the plat complies with all technical requirements. The
following steps are required for the review of new condominium development:
(1) Development Review Committee.
(2) Submittal of final plat for technical review by staff.
(3) Submittal of final plat to commission for review.
(4) Submittal of final plat to mayor and council for review and approval.
(C) Condominium conversion. Conversion of existing buildings to condominiums may proceed through an
expedited process; however, such proposals still require review by various city departments and applicable
agencies to ensure compliance with local and state requirements. Buildings constructed prior to issuance of
building permits or certificates of occupancy may be required to provide evidence of adequacy of water
distribution and wastewater drainage systems, as well as disclosure of building conditions as they relate to
building and fire codes through the preparation of a building condition report by an Arizona registered
professional that includes mechanical, electrical, and structural engineering analyses. The following steps are
required for the review of condominium conversion projects:
(1) Development Review Committee.
(2) Submittal of final plat for technical review by staff.
(3) Submittal of final plat to commission for review.
(4) Submittal of final plat to mayor and council for review and approval.
(Ord. 1452,passed - -2017)
§ 2-6-5 FINAL PLAT APPROVAL.
(A) The commission and mayor and council shall review the final plat submittal for the condominium and
make their determination for approval, approval with conditions or denial based on the requirements and
procedures indicated in the subdivision regulations, and subject to the following:
(1) That the proposed condominium subdivision conforms to the adopted goals, objectives and policies
of the city.
(2) That the proposed condominium subdivision will not be detrimental to the public health, safety, and
general welfare.
(3) That the proposed condominium subdivision is consistent with the provisions and intents of the
zoning code, as applicable to the property.
(4) That the proposed condominium subdivision conforms to the design standards set forth in this
chapter and other applicable city, county, state and federal regulations.
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(B) After the applicant has received the required approvals, the final plat for the condominium
development may be submitted to the development services director for recording.
(1) Time limit. The applicant/subdivider shall have 6 months from the date of approval by the council to
submit all required materials and to demonstrate all conditions have been met.
(2) Copies. Three reproducible sets of the final plat shall be submitted to the development services
director.
(3) Fees. All development fees for subdivision and recording shall be received prior to the recording of
the final plat. Recording fees shall be made payable to the appropriate county recorder.
(4) Conditions, covenants and restrictions ("CC&Rs'). The subdivider shall submit 2 copies of the deed
restrictions that describe the responsibilities of the unit owners for maintaining common areas and facilities
and all other pertinent information and requirements as applicable.
(5) The director or his or her designee may require an applicant to adhere to all preliminary plat
requirements during the final plat process, such as, but not limited to, establishing an HOA and including
CC&Rs in its deeds setting forth the perpetual obligation to financially contribute for the maintenance of all
community areas such as private roads,pools, and playground and recreational areas.
(C) Assurances. Any assurances required for improvements in accordance with these regulations shall be
received and approved prior to recording of the final plat.
(D) Certificate of occupancy. After recording of the final plat the applicant may then apply for
certificate(s) of occupancy for the newly created condominiums from the development services department
and sell the units as condominiums in accordance with the requirements of the State of Arizona Department
of Real Estate.
(Ord. 1452,passed - -2017)
ARTICLE 2®7: DEFINITIONS.
For the purposes of this chapter, the following words and phrases shall have the meanings respectively
ascribed to them by this section. If not defined herein or within other sections of this chapter, words and
phrases used in this chapter shall have the meanings provided in any standard dictionary as determined by the
development services director or his or her designee.
ABUT. To touch or adjoin along a common border or property line.
ABUTTING. Same as ADJOINING.
ACCESS. The way or means by which pedestrians and vehicles enter or leave property.
ADJACENT. Next to or having a common boundary.
ADJOINING. Touching or bounding at a point or line.
AGENT. A person authorized, in writing,by an owner, to act in the owner's behalf for the purposes of
representing the owner's interest before an official city body with regard to the development or non-
development of the owner's land.
ALLEY. A public right-of-way which affords a secondary means of vehicular access to properties
adjoining the ALLEY and being on the side or rear of such properties.
AMENDMENT. Any repeal, modification or addition to a regulation; any new regulation; any change in
the numbers, shape,boundary or area of a district or in a plat; or any repeal or abolition of any map,part
thereof or addition thereto.
APPELLANT That person or agency filing appeals,paying fees, and complying with the procedural
requirements as stated in this chapter.
APPLICANT. That person or agency initiating action for changes or amendments,paying fees, and
complying with the procedural requirements as stated in this chapter.
APPROVED LENDING INSTITUTION. Any of the following listed institutions, and any other lending
institution approved by the city engineer:
(1) Bank;
(2) Credit union; or
(3) Mortgage lending company currently approved by the Federal Housing Administration to act as a
mortgagee, and qualified to transact business in the State of Arizona, and having a business office within the
28
Phoenix metropolitan area.
BLOCK A piece of land, or parcel of land, or group of lots, entirely surrounded by public streets, private
streets, water courses,parks, greenways, or a combination thereof.
CC&R. Conditions, covenants and restrictions. See also PROTECTIVE COVENANT.
CEMETERY. Any one or combination of more than one of the following, in a place dedicated and used or
intended to be used for cemetery purposes:
(1) A burial park, for earth interment;
(2) A mausoleum, for crypt or vault entombments; or
(3) A crematory, or a crematory and columbarium, for cinerary interments.
CHANNEL. A natural or artificial water course, including dry washes, at perceptible extent with definite
bed and banks to confine and conduct continuously or periodically flowing water.
CONDITIONAL APPROVAL. An affirmative action indicating that approval will be forthcoming upon
satisfaction of certain specified stipulations or conditions.
CONDOMINIUM. Any real estate, portions of which are designated for separate ownership and the
remainder of which is designated for common ownership solely by the owners of the separate portions. Real
estate is not a condominium unless the undivided interests in the common elements are vested in the unit
owners.
CONSER VA TION EASEMENT. A power invested in a qualified private land conservation organization
or government to constrain, as to a specified land area, the exercise of rights otherwise held by a landowner,
so as to achieve certain conservation purposes.
CONSER VA TION LANDS. Retention or acquisition of land for the purposes of preservation and public
use.
CONTROLLED ACCESS HIGHWAY. A divided expressway, including an interstate highway, which
provides at least 2 moving lanes in each direction and for which curb cuts are prohibited and access is fully
controlled. These generally serve high-speed interregional traffic or traffic which has either its origin or
destination outside the city. Intersections have grade separations and are fully controlled. These routes are
continuous throughout the area.
CROSS SLOPE. The percent of slope measured at right angles to the natural contours along a line
passing through the center of a probable building site. The lot CROSS SLOPE shall include the differences
in the elevation of the natural grade and the elevation of the street giving access to the lot where this
inclusion is necessary to provide safe and convenient access to the lot cut.
DESIGN. The street alignment, grades and widths, alignments and widths of easements and rights-of-way
for drainage and utility locations and the arrangement and orientation of lots.
DEVELOPER. The person, individual, firm, corporation,partnership, association, syndication, trust or
other legal entity or his,her or its successor, assignee or heir who intends to develop land for commercial,
industrial or multiple-family or other residential purposes in accordance with the provisions of this chapter.
DRAINAGEWAY. An alignment for the purpose of routing stormwater.
EASEMENT. An interest in a defined area of land granted to or owned by another that entitles its holder
to specific limited uses and/or purposes.
ENGINEERING PLANS. Plans,profiles, cross-sections and other required details, including narrative or
reports, for the construction of improvements, prepared by a registered engineer in accordance with the
approved preliminary plat and in compliance with standards of design and construction approved by the city.
EXCEPTION. In legal descriptions of the area to be subdivided, that portion of lands to be deleted or
excluded from the subdivided land.
FILL. The placing, storing or dumping of any material, such as (by way of illustration, but not of
limitation) earth, clay, sand, concrete, rock, rubble or waste of any kind upon the surface of the ground which
results in increasing the natural ground surface elevation.
FILL,SOLID. Any non-combustible material insoluble in water, such as soil,rock, sand or gravel that
can be used for grading land or filling depressions.
FINAL APPROVAL. Approval by the council of the final plat as evidenced by the signatures required to
29
complete the certifications necessary for final plat authorization to record the plat.
FINISH GRADE. The final grade or elevation of the ground surface after grading is completed.
FLAG LOT. Along, slender strip of land resembling a flagpole that extends from the typically
rectangular main section of the lot or the"flag"to the street.
FREEBOARD. A factor of safety usually expressed in feet above a design flood level for flood
protection.
GENERAL PLAN. An official public document adopted by the council in accordance with A.R.S. § 9-
461 and which is a comprehensive, general and long-range policy guide for present and future development
with any supplements thereto and which may include elements on but not limited to land use, housing,
recreation, streets, schools, governmental services, utility provisions and environmental considerations.
GRADE. The degree of inclination or declination.
GRADING. Any excavating or filling or combination thereof, including:
(1) The conditions resulting from any excavation or fill;
(2) Any alteration of the natural drainage pattern; or
(3) The removal or rearrangement of surface soil.
GROSS LOT AREA. The area of a lot or parcel, including all non-dedicated road rights-of-way and
easements.
HOMEOWNERS'ASSOCIATION. An association of real property owners having responsibilities with
respect to common property of a project or specific area or subdivision, including but not limited to
condominium associations.
IMPROVED LOT OR PARCEL. A lot or parcel of a subdivision upon which there is a residential,
commercial, industrial or public building or structure, or concerning which a valid building permit is in effect
to erect such an improvement.
IMPROVEMENTS. Such street work and utilities required to be installed or agreed to be installed by the
subdivider on land to be used for public or private streets, highways, alleys, pedestrian ways and easements
as are necessary for the general use of the lot owners in the subdivision and local neighborhood and for
through traffic and drainage needs, and required as a condition precedent to the approval and acceptance of
the final plat map, and may include but is not limited to street improvements-survey monuments, street
name signs, guardrails,barricades, safety devices, fire hydrants, grading, retaining walls, storm drains, and
flood control channels, erosion control structures, landscaping, sanitary sewers, streetlights, and other
facilities as are required by the council, as well as utility installations (water, electric, gas, telephone).
IRRIGATION FACILITIES. Canals, laterals, ditches, conduits, gates,pumps and allied equipment
necessary for the supply, delivery and drainage of irrigation water and the construction, operation and
maintenance of such.
LAND SPLITS. The division of improved or unimproved land the area of which is 2.5 acres or less into 2
or 3 tracts or parcels of land for the purposes of sale or lease.
LOT. A parcel of real property with a separate and distinct number or other designation shown on a plan
or parcel map recorded in the office of the Pinal or Maricopa County Recorder's Office, or a parcel of real
property delineated on an approved record of survey,parcel map or subdivision map as filed in the office of
the Pinal or Maricopa County Recorder and abutting at least one public street or right-of-way, or easement
determined to be adequate for the purpose of access. The word LOT is synonymous with the word PLOT or
PARCEL.
LOT AREA. The total area of a lot measured in a horizontal plane, included within the lot lines of a lot or
parcel of land. Also see GROSS LOT AREA and NET LOT AREA.
LOTAREA,MINIMUM. See Vol. 11, § 1-1-4(C)(3)0), Zoning Ordinance.
LOT, CORNER. A lot abutting on 2 or more intersecting streets where the interior angle of intersection
does not exceed 135 degrees.
LOT DEPTH. The average horizontal distance between the front and rear lot lines measured in the mean
direction of the side lot lines.
LOT,DOUBLE FRONTAGE(see also LOT, THROUGH). An interior lot abutting 2 parallel or
30
approximately parallel streets.
LOT, FRONTAGE. A lot boundary line at any point where it abuts a street, right-of-way or easement.
LOT,INTERIOR. Any lot that is not a corner lot.
LOT,KEY. An interior lot, one side of which is contiguous to the rear line of a corner lot.
LOT LINE. The legal boundary of a lot or parcel.
LOT LINE ADJUSTMENT. A procedure that maybe used under certain specified circumstances as a
method for making minor revisions to property lines between 2 or more existing lots within the same
subdivision.
LOT LINE, FRONT. On an interior lot, the front lot line is the property line abutting the street where
access is provided. On a corner lot, the front lot line is the shorter property line abutting a street, except in
those cases where the subdivision or parcel map specified another line as the front lot line. On a through lot
or a lot with 3 or more sides abutting a street or a corner lot with lot lines of equal length.
LOT LINE,INTERIOR. A lot line not abutting a street.
LOT LINE,REAR. A lot line not abutting a street which is opposite and most distant from the front lot
line. In the case of an irregular-shaped lot, a line within the lot,parallel to and at a maximum distance from
the front lot line,having a length of not less than 10 feet; also a lot which is bounded on all sides by streets
may have no rear lot lines.
LOT LINE, SIDE. Any lot boundary line, not a front or rear lot line. In the case of a corner lot, the lot
line abutting the street side and which is not the front lot line shall be termed an EXTERIOR SIDE LOT
LINE; all other side lot lines are termed INTERIOR SIDE LOT LINES.
LOT OF RECORD. A lot which is part of a legal subdivision recorded in the office of the county clerk in
the county in which the lot is located, or a lot or parcel described by metes and bounds, or by a rectangular
survey system.
LOT OF RECORD, PREEXISTING NONCONFORMING. A tract of land on the date of adoption of
this chapter that:
(1) Has less than the prescribed minimum lot size, width or depth, or any combination thereof, for the
zoning district within which it is located;
(2) Is shown by a recorded plat or deed to have been owned separately and individually when creation
of a lot of such size, width or depth, or any combination thereof existed at that location; and
(3) Has remained in separate and individual ownership from adjoining tracts of land continuously during
the entire time that creation of such a lot has been prohibited by the applicable zoning regulations.
LOT, THROUGH. An interior lot abutting 2 parallel or approximately parallel streets.
LOT, USABLE AREA. That portion of a lot usable for or reasonably adaptable to the normal use for
which the lot is intended and not including area which is covered by water, is excessively steep, or has its
normal use restricted by certain types of easements or setbacks.
LOT WIDTH. The distance between side lot lines measured perpendicular to the lot depth at the front
setback line.
LOW IMPACT DEVELOPMENT. Systems and practices that use or mimic natural processes that result
in the infiltration, evapotranspiration or use of stormwater in order to protect water quality and associated
aquatic habitat.
MARGINAL ACCESS STREET. A residential or non-residential street parallel and adjacent to a major
thoroughfare, which provides access to abutting properties with protection from through traffic.
NET LOT AREA. The area of lot or parcel, excluding dedicated and non-dedicated public road rights-of-
way.
OBSTRUCTION,ARTIFICIAL. Any hindrance which is not naturally existing.
OPENSPACE LANDS. The area or areas of a lot,parcel, or tract intended to provide light and air, and is
designed and set aside for either scenic, aesthetic, conservation, or recreational purposes, excluding
buildings,parking,man-made retention areas, driveways and other vehicular surfaces.
OWNER. The person or legal entity who has the right to possess and use real property to the exclusion of
others.
31
PARENT PARCEL. A large parcel of land from which smaller parcels have been subdivided.
PEDESTRIAN WAY. A public walk dedicated entirely through a block from street to street or parallel to
a street and/or providing access to a school,park,recreation area or shopping center.
PERSON. Any individual, corporation, partnership, company, firm, association or any other form of
multiple organizations which may carry on business, foreign or domestic, or its successors or assignees, or
the agent of any of the aforesaid.
PLAT. A map of a subdivision.
PLAT, FINAL. A final map, including supporting data and attachments of all or part of a subdivision.
essentially conforming to an approved preliminary plat and prepared in accordance with this Chapter and any
other applicable statutes.
PLAT,PRELIMINARY. A preliminary map, including supporting data and attachments, indicating a
proposed subdivision prepared in accordance with this chapter and any other applicable statutes.
PLAT,RECORDED. A final plat, including supporting data and attachments, and containing all of the
certificates of approval required by this chapter and the state of Arizona and recorded in the county
recorder's office of the county within which the subdivision is located.
PRINTS. To include but not limited to making reproductions of the original document by blueline or
blackline (ozalid)prints.
PRIVATE ACCESS WAY. Any private street or private way of access to one or more lots which is
owned and maintained by an individual or group of individuals and has been improved in accordance with
city standards and plans approved by the development services project engineer.
PROTECTIVE COVENANT. A restriction on specified uses of private property within a subdivision for
the purpose of providing mutual protection against undesirable aspects of development, usually in the form
of an express agreement between the lot purchasers and the lot sellers (usually subdivider).
PUBLIC IMPROVEMENT PERFORMANCE STANDARDS(ENGINEERING STANDARDS). A set
of regulations setting forth the details, specifications and instructions to be followed in the planning, design
and construction of certain public improvements in the city.
RECLAMATION. A process of restoring land to its former or other productive use which achieves a
stable ecological state, and which does not contribute substantially to environmental deterioration or the
degradation of surrounding aesthetic values.
RETENTION BASIN/AREA. A pond, pool,basin, or area used for the permanent storage of water runoff.
RIGHT-OF-WAY. The entire strip of land lying between the property lines of a street, thoroughfare, or
alley dedicated to the public and over which exists a legal right of passage by other persons.
SALE or LEASE. Every disposition, transfer or offer, or attempt to dispose of or transfer land in a
subdivision or an interest therein by a subdivider or his or her agent, including the offering of such property
as a gift or prize if a monetary charge or consideration for whatever purpose is required by the subdivider or
his or her agent.
SEPTIC SYSTEM. A sewage system usually consisting of aseptic tank, distribution box, and septic field
or dry-well with service connecting pipes.
SPITE STRIP. Strip of land which a grantor reserves in title for himself/herself when transferring a larger
interest in land with the intent of compromising the transaction or any development.
STREET. A way designated or intended for general public use, accepted by the council, as a public
right-of-way open to vehicular and pedestrian travel or a street shown on a plat heretofore approved pursuant
to law or approved by official action; or a street on a plat duly recorded in the county recorder's office. It
shall not include a controlled access highway, thoroughfare, alley,private street or private driveway, but shall
include "avenue," "boulevard," "circle," "court," "drive," "lane," "place," "road," "row," "walk" and other
similar designations. Also included is the land between the right-of-way lines, whether improved or
unimproved, and may comprise pavement, shoulders, curbs, gutters, sidewalks, viaducts, bridges,utilities,
lawns and parking areas. Street types shall include the following:
(1) ARTERIAL. Provides for through traffic movement between areas of the city and which is used or
is intended to be used as part of the principal network for through traffic within the city.
32
(2) COLLECTOR. That which is used or is intended to provide for the movement of traffic between
major arterials and local streets within the city and may have direct access to abutting property.
(3) CUL-DE-SAC, A local street having only one outlet for vehicular traffic with a turn-around at the
opposite end.
(4) FRONTAGE. A local street which is parallel to and adjacent to an arterial, limited access highway
or thoroughfare, and which provides access to abutting land while relieving them of the effects of through
traffic on the adjacent parallel facility. (Also referred to as MARGINAL ACCESS STREET.)
(5) LOCAL. Used primarily for providing direct access to abutting land and for local traffic movement
connecting to collector and/or arterial streets.
STREET, CENTERLINE OF A Line established as a centerline of a street by any state, county,
municipality or other official agency or governing body having jurisdiction thereof and shown as such on an
officially adopted or legally recorded map. Where street lines are indeterminate or where no official
centerline of a street exists, the CENTERLINE shall be established by the director of public works or his or
her designee.
STREET CLASSIFICATION PLAN. A plan which provides for the development of a system of major
streets and highways, including the location, width and alignment of existing and proposed thoroughfares.
STREET LINE. A line defining the edge of a street right-of-way and separating the street from abutting
property or lots. If on the Street Classification Plan duly adopted by the council a street is scheduled for
future widening, the proposed right-of-way line shown on the plan shall be the STREET LINE.
STREET WIDTH. The distance between street lines, measured at a right angle to the centerline of the
street.
SUBDIVIDER. A person, firm, corporation,partnership, association, syndication, trust or other legal
entity that files the application and initiates proceedings for the subdivision of land in accordance with the
provisions of this chapter and any other applicable ordinance or statute, except that an individual serving as
agent for such legal entity is not a SUBDIVIDER.
SUBDIVIDER AGREEMENT. A written document submitted to and approved by the city setting forth
certain agreements as to the development of the subdivision.
SUBDIVISION or SUBDIVIDED LANDS.
(1) Improved or unimproved land or lands divided or proposed to be divided for the purpose of
financing, sale or lease, whether immediate or future, into 4 or more lots, tracts or parcels of land or, if a new
street is involved, any such property as is divided into 2 or more lots, tracts or parcels of land or any such
property, the boundaries of which have been fixed by a recorded plat which is divided into more than 2
parts. SUBDIVISION also includes any condominium, cooperative, community apartment, townhouse or
similar project containing 4 or more parcels in which an undivided interest in the land is coupled with the
right of exclusive occupancy of any unit located thereon, but plats of such projects need not show the
buildings or the manner in which the buildings or airspace above the property shown on the plat are to be
divided.
(2) SUBDIVISION does not include the following:
(a) The sale or exchange of parcels of land to or between adjoining property owners if the sale or
exchange does not create additional lots;
(b) The partitioning of land in accordance with other statutes regulating the partitioning of land held
in common ownership; or
(c) The leasing of apartments, offices, stores or similar space within a building or trailer park, nor
mineral, oil or gas leases.
SURVEYOR. A registered land surveyor authorized to practice in the State of Arizona under A.R.S. Title
32.
TRACT. A defined area of land regardless of size.
UNIMPROVED LOT OR PARCEL. A lot or parcel of a subdivision which has no development.
UTILITIES. Installations or facilities, underground or overhead, furnishing for the use of the public (e.g.,
communication, drainage, electricity, gas, water, sewer, stormwater disposal, solid waste disposal and steam)
33
which are owned and operated by any person, firm, corporation, municipal department or board duly
authorized by state or municipal regulations. UTILITY or UTILITIES may also refer to such persons, firms,
corporations, departments or boards as sense requires.
WALKWAY, COMMON. Any parcel of land privately owned, contained within a building site area, and
appropriated to the passage of tenants, employees or owners, but not a private walkway.
WALKWAY, PRIVATE. Any parcel of land or extension of a dwelling unit appropriated to the passage of
the resident of that dwelling unit to a common walkway,public walkway, driveway or street.
WALKWAY, PUBLIC. Any parcel of land appropriated and dedicated by action of the council to the free
passage of the general public.
WATER SUPPLY. Such system and distribution facilities as are necessary to provide a reliable and
adequate amount for private use and public fire protection services.
ZONING. The public regulation of the character and intensity of the use of real estate.
(Ord. 1452,passed - -2017)
APPENDIX: PRELIMINARY ,AND FINAL PLAT CONDITIONS
The preliminary and final plat shall conform to the city's zoning ordinance requirements, specific zoning
stipulations, and subdivision regulations. The following information shall be provided on the preliminary and
final plat:
Legend
X = Required
Not Required
S = Requirement Satisfied
Pre-
Required Submittal plat Plat for Final
MPC
Submittal Requirements
(1) The maximum allowable drawing size is 24" x 36". X X X
(2) Scale no smaller than 1 inch= 100 feet. The scale shall be noted X X X
on each sheet.
(3) The minimum height of all text and lettering shall be 0.125 inch X X X
(1/8 inch),provided in full density black ink.
Cover sheet information
(4) The subdivision's name. X X X
(5) The subdivisions location as defined by its section, township,
range, and county shall be shown on the final plat. This information
shall be included in the heading portion of the cover sheet. If the X X X
subdivision is located in part or total over a previously recorded
plat,make appropriate record reference in the heading statement.
(6) Vicinity map with city limit lines shown, if adjacent to the X X
proposed subdivision. tl
(7) Sheet Index is required when the preliminary/final plat contains X X X
more than 2 sheets.
(8)Developer's name, address and phone number. X X -
(9)The design professional's name, address and phone number. X X -
(10)All elevations shown on the preliminary plat shall be
referenced to an approved city benchmark per NAVD 88. The X X -
benchmark number, description and elevation shall be shown.
34
(11) Site data to include: gross area, net area, open space
percentage, number of lots, existing and proposed zoning, density
percentage, lot area table in square feet and acres, curve and line X X X
data table, tract use and area table in square feet and acres showing
all tracts that will be dedicated to the city.
(12)Property legal description for the exterior boundaries of the X X -
subdivision.
(13)Add the following notes:
a) All tracts not dedicated to the City of Apache Junction shall be
improved in accordance with the approved plans and deeded to the
Homeowners' Association upon recordation of the final plat. Tracts
shall not be conveyed to any private or public entity without prior
City Council approval.
b) The maintenance of landscaping and drainage areas either
within the public right-of-way and/or up to a perimeter wall or
fence or private yard shall be the responsibility of the homeowners'
association or the abutting lot, tract or parcel owner.
c) Construction within utility easements shall be limited to
utilities, fences and driveways.
d)No structures, earthwork or other construction shall be carried
out in drainage paths or retention basins as shown on the approved
improvement plans and, except as may be approved by the
Development Services Project Engineer. Fencing shall be limited to
wire-strand or break-away sections that cannot impede water flow X X X
or collect debris which would impede water flow. Vegetation shall
not be planted nor allowed to grow within drainage paths,
easements or retention basins which would impede the flow of
water.
e) Maintenance of the drainage areas within the tracts and
easements shall be the responsibility of the
Homeowners' Association. Should the
Association not adequately maintain them, the governing entity
having jurisdiction over the area in which the tract or the easement
is located, at its discretion, may enter upon and maintain the
drainage areas, and assess the Homeowners' Association, its
successors and/or benefiting properties the cost of maintenance.
f)The overhead utility lines on or adjacent to the site shall be
undergrounded as outlined in § 1-8-6(K), Relocation of Overhead
Wires and Equipment, Zoning Ordinance, Vol. II, Apache Junction
City Code. All existing and proposed onsite overhead utility lines
shall be placed underground.
g)The city or any governing entity having jurisdiction over the
final plat shall have the right to enforce all notes shown and
associated with the final plat on the Homeowners' Association or
all future owners, assigns and successors in interest and/or
benefiting properties.
h) Should the Homeowners' Association not pay property taxes on
any tract they own within the subdivision at any time in the future
and lose the property through tax foreclosure or forfeiture or
35
dissolve, the city or the governing entity having jurisdiction over
the area in which the tract or the easement is located, shall assess,
lien, and/or collect from any successor in interest and/or benefiting
properties the cost of maintenance of all improvements, drainage
facilities, landscaping and amenities.
(14) The basis of bearings shall be shown with a reference to
appropriate horizontal control as outlined in § 10-1-4(B)(2) X X X
Horizontal and Vertical Control, Engineering Standards, Vol. II,
Apache Junction City Code.
(15)A key map shall show all tracts,parcels and lots by number or X
letter.
(1.6) The name, address and registration number of the registered
land surveyor preparing the final plat shall be shown on the plat — X
with the state of Arizona seal, signature, and date provided.
(17) Street right-of-way dedication to the city and a note
referencing drainage,utility, roadway easements stating: X
"Easements are dedicated for the purposes shown" shall be
mentioned in the dedication statement.
(18) Add the following certifications:
a) This is to certify that this final plat is a correct representation
of all the exterior boundaries of land surveyed and the subdivision
of it; that I have prepared the description of the land shown on the
final plat and I hereby certify to its correctness, and that all lots are
staked or will be staked and all monuments are set or will be set
within 1 year after recordation.
Seal and signature of the Arizona registered land surveyor
b) This final plat has been checked for conformance with the
requirements of the Land Development Code and any other
applicable ordinance and regulations and that assurances have been
provided for improvements in the amount of — X
Development Services Project Engineer Date
c) Approved by the Council of the City of Apache Junction,
Arizona this day of , 20 . And the City
Council accepts the rights-of-way dedicated herein on behalf of the
Public. The subdivider has provided a Certificate of Assured Water
Supply as required by Arizona Revised Statues (ARS) § 45-576 or
evidence that the area has been designated by the Arizona
Department of Water Resources as having an assured water supply.
BY:
Mayor
Attest:
City Clerk
(19) The following statement shall appear in the dedication
statement: — X
Tracts and , (include all
36
applicable tracts) are not to be construed to be dedicated to the
public or city,but are deeded to Homeowners'
Association for its use and enjoyment as more fully set forth in the
Declaration of Covenants, Conditions and Restrictions and said
Association shall be responsible for the maintenance thereof in
perpetuity, and shall not be redeveloped for any other non-amenity
or non-drainage purpose.
(20) The dedication statement shall be signed by the land owner. If
the owner is a partnership, corporation, or limited liability
company, the Article of Incorporation or a certified copy of a — X
resolution by the Board of Directors authorizing the individuals
signing the final plat to act on its behalf is required.
(21) All holders of deeds of trust shall sign a lienholder ratification
statement as a beneficiary, if lands being subdivided are
encumbered. The following lienholder ratification statement shall
be shown:
Lienholder Ratification
Know All Men By These Presents:
That The Undersigned as Beneficiary of That Certain Deed Of
Trust Recorded In Fee No. , Records Of
Pinal County, Arizona, Hereby Ratifies, Affirms And Approves — X
This Final Plat, The Declaration Of Restrictions Recorded
Concurrently Herewith And Each And Every Dedication Contained
Herein.
IN Witness Whereof, The Undersigned Have Signed Their Names
This Day Of , 20_.
[Beneficiary Name as Shown in the Title Report]
By:
Its
(22) The following notary public acknowledgment statement is
required for the dedication statement and the lienholder ratification
statement:
Acknowledgment
State of )
) SS
County of )
On this day of , 20 , before me,
the undersigned, personally appeared , _ X
who acknowledged himself/herself to be the person whose name is
subscribed to the instrument within, and who executed the
foregoing instrument for the purposes therein contained.
IN WITNESS WHEREOF, I have hereunto set my hand and
official seal.
NOTARY PUBLIC
My Commission Expires:
Plat layout sheet information
(23)North arrows shall be shown on each sheet. Xx IX
37
(24)A"Legend" for all symbols utilized on the plat shall be shown X X
on each sheet.
(25) The existing topography shall be represented by a 2'maximum X X
contours or better data, if available.
(26) All existing buildings and significant structures shall be X X
shown. Any modifications shall be noted.
(27)All wells, washes, canals, irrigation laterals and ditches, lakes
and other water features. Any modifications shall be noted, along X Xwith an indication of any building or structure which shall remain.
(28) The subdivision boundary shall extend to the monument lines X X X
of adjacent streets, if the rights-of-way are not dedicated.
(29)Existing fire hydrants within 500 feet and streetlights within X X
200 feet of the site shall be shown.
(30) Proposed water, sewer, streetlight improvements, sidewalks,
paths, entrance features/monument sign, and public and private X X
community facilities such as parks, schools, fire stations, library,
police station, community buildings, etc. shall be shown.
(31) City corporate limit to be outlined when they are adjacent to or X X X
near the subdivision.
(32) The names of all subdivisions adjacent to the subject property
shall be shown, along with the recording information and zoning X X X
classification.
(33) The property owners' names of all adjacent parcels (non-
subdivision) to the proposed subdivision shall be shown along with X X X
the parcel number and zoning classification.
(34)Proposed phasing shall be shown. X X X
(35) Typical detail of lot dimension and setbacks. X X X
(36) Curvilinear back lot lines are discouraged. Every effort shall be X X X
made to avoid them.
(37) All lots shall be numbered consecutively beginning with Lot
No. 1, and tracts and parcels be lettered consecutively beginning X X X
with Tract or Parcel "A". Exception parcels shall be labeled with
the boundary traverse data and area to be noted.
(38)Private streets shall be designated as tracts with 24-foot
minimum width of pavement; 2-foot (2') curb and gutter, and 4-foot
(4') sidewalk on both sides of the street and shade trees. Structural
Pavement section for private streets shall conform to public street X X X
standards, as outlined in Appendix 10-D, Standard Details AJ-20.1
through AJ-20.2, Engineering Standards, Vol. 1I, Apache Junction
City Code.
(39) Rights-of-way to be dedicated to the city shall be shown. All
rights-of-way which expand on existing dedicated rights-of-way X X X
shall be defined and dimensioned.
Survey Requirements
(40) Two (2) separate survey ties to 2 section corners or quarter- X X X
section corners are required. The type of monumentation shall be
38
defined. Survey ties shall meet the criteria shown in § 10-1-4(B)(2)
Horizontal and Vertical Control, Engineering Standards, Vol. 11,
Apache Junction City Code. Subdivision's boundary and survey
shall be tied into the City GDACS grid.
(41) Survey data is required for the entire subdivision boundary
traverse and streets centerlines. For tangents this consists of X X X
bearings and distances. For curves this consists of radii, delta angles
and curve lengths. On non-tangent curves, show radial bearings.
(42) Show names of existing and proposed public and private X X X
streets.
(43) Boundary closure calculations are required with error of
closure for the subdivision's exterior boundaries, tracts, parcels, and — X X
lots.
Street design requirements
(44) Show plan's layouts for public and private streets, and X -
easements.
(45) The sizes, depth, and types of all existing utility infrastructure
within and adjacent to the subdivision shall be shown. Dimensional X X —
ties to street centerlines are required for all utility lines.
(46) 20'x 20'triangular corner cutoffs shall be dedicated to the city
at all streets lines and alleys intersections to accommodate a
sidewalk ramp and provide a space for traffic signal equipment X X X
such as poles and/or cabinets, if needed. It also creates an area for a
site visibility triangle by preventing land owners from building
walls blocking view of traffic.
(47) 33'x 33' feet sight triangle measured at the intersection of lot
lines is to be provided where streets, alleys, or driveways intersect. X X X
Also, the sight distances shall be calculated to assure that no
structure or planting higher than 36 inches is allowed in the area.
(48) Show typical cross sections for proposed improvements of X
exterior and interior streets.
(49)Proper turnarounds are required at all dead-end streets and
alleys. Cul-de-sac and turnaround geometries for public and private
streets shall meet the city and the fire district requirements. X X X
Connections to abutting subdivisions to create connectivity and
walkability shall be provided.
(50)Public streets rights-of-way widths and cross-sections shall
comply with city standards unless exceptions are required or X X X
approved by the City Engineer or the City Council.
(51)Provide Traffic Impact Analysis as outlined in ADOT X X
publication 35-209, and a traffic circulation study.
(52)The street light district shall be established prior to final plat _ X
recordation.
Easements and Rights-Of-Way Requirements
(53) Show existing and proposed rights-of-way and easements X X X
widths. Proposed extinguishment and abandonment of rights-of-
39
way and easements shall be noted.
(54) F vehicular non-access easement is required for streets and lots
abutting retention basins and lots abutting perimeter streets rights- X X
of-way.
(55)Easements to be extinguished shall include the following:
a) A letter from the utility companies agreeing to the
abandonment.
b) A legal description and Pinal County recording information
and limits of the abandonment. — X
c) The following statement located above the Mayor's approval
block is required on the final plat:
"By acceptance of this final plat, the City of Apache Junction
agrees to the extinguishment of the easements described and shown
hereon".
(56) Existing right-of-way to be abandoned/extinguished shall
include the following:
a) The City Engineer shall approve the abandonment/
extinguishment.
b) The City Attorney shall approve as to form of the — X
abandonment/extinguishment resolution.
c) A filing fee and appraisal fee shall be paid.
d) The abandonment shall be in accordance with the
requirements and procedures of the Public Works Department.
Drainage Design and Requirements
(57) Flow drainage arrows shall be shown for all drainage areas, X X -
storm drains, and streets.
(58)All portions of the development within the FEMA 100-year
flood zones shall be identified. FEMA Special Flood Hazard Area
(SFHA) on or adjacent to the subject subdivision shall be drawn
and labeled, including any determined floodway boundaries.
Provide flood zone information per the following table: X X X
Comm- Panel Suffi Date o Flood Base Flood
unity Number x f FIRM Zone Elevation
Number
(59) Submit a preliminary drainage report in accordance with
Article 10-4 Stormwater Management, Engineering Standards, X X —
Vol. II, Apache Junction City Code. Adequate details are required
to demonstrate the layout feasibility.
(60) The storm drainage system shall comply with the standards
presented in Article 10-4 Stormwater Management, Engineering
Standards, Vol. II, Apache Junction City Code. All retention areas X X and drainage channels along with their cross sections shall be
shown on the preliminary plat.
40
Required Submittal Pre- Pre Plat Final
Plat for MPC Plat
Drainage Design and Requirements
(61) Each sheet of the preliminary and final plat shall
be sealed and signed by the design registered X x X
professional in the State of Arizona.
(62) Submit a current Title Report, no older than 6
months at preliminary plat submittal. An updated
report no older than 30 days is required to be submitted X X X
prior to final plat recordation. Include Schedules "A"
and`B"together with an ALTA survey.
(63)A detailed infrastructure analysis is required and X X —
shall include traffic, water and wastewater.
(64)Name changes to the development will only be
allowed:
a) After verifying any name conflicts through the
Arizona Department of Real Estate and providing the X X —
city with a copy; and
b) Prior to the preliminary plat approval by the City
Council.
(65) Areas within the subdivision that may represent
soil or topographical hazardous conditions or requiring
special precautions shall be identified to insure that the X X _
proposed uses of these areas are compatible with such
conditions, such as natural features, rock outcrop,
fissure, riparian corridors, etc.
(66) The final plat shall provide private cross access - X
easements for pedestrian, vehicular, drainage access.
(67)Phasing of the final plat and the improvement
plans shall be allowed only for large tracts greater than X
40 acres, and if approved by the Development Services
Project Engineer.
(68) Engineer's Cost Estimate shall be provided for the
construction of all public improvements to determine x X
the amount of construction assurance required.
(69) The construction assurance shall be submitted
and approved by the Public Works Department,prior to _ X
the approval of the improvement plans and the
recordation of the final plat.
(70) Submit copies of the approvals to construct water
and sewer issued by Arizona Department of - x X
Environmental Quality("ADEQ"), as required per Item
41
13(g), § 10-2-17 Civil Engineering Plan Review
Checklist, Engineering Standards, Vol. 11, Apache
Junction City Code.
(71) Submit a copy of the Assured Water Certificate
for the 100 year water supply, issued by Arizona
Department of Water Resources ("ADWR") for sites
located within the Arizona Water Company, or a — X X
Designation of Assured Water Supply letter for sites
located within the Water Utilities Community Facilities
District ("WUCFD").
(72) All official seals and stamps affixed to the final
plats shall be in black ink or as required by the Pinal — X
County Recorder's Office.
(73)A 4 mil Mylar of the final plat shall be submitted
to the Development Services Project Engineer for final - X
approval and recordation, along with an electronic
copy in DWG and PDF formats.
(Ord. 1452,passed - -2017)
City of Apache Junction, Arizona 300 E Superstition
Boulevard
Agenda Item Cover Sheet Apache Junction,AZ
85119
Agenda Item No. 10.
File ID: 21-148
Sponsor: Larry Kirch and Kelsey Schattnik Agenda Date:4/6/2021
Index: In Control: City Council Meeting
Presentation, discussion, public hearing and consideration of proposed Resolution No. 21-13, 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 "2021 Amendments to
the Apache Junction City Code, Volume II, Land Development Code, Chapter 1: Zoning
Ordinance, Article 1-6: Supplement Regulations, § 1-6-12 Medical and Recreational Marijuana";
repealing any conflicting provisions; and providing for severability.
City of Apache Junction,Arizona Page 1 Printed on 313112021
City ofApache Junction
Development ServicesDepartment =�� � 4
Date : March 29, 2021
To: Honorable Mayor and City Council Members
Through: Bryant Powell, City Manager
Larry Kirch, Development Services Director
Rudy Esquivias, Planning Manager/Zoning Administrator
From: Kelsey Schattnik, Planner
Subject: April 5, 2021 City Council Work Session, and April 6,
2021, City Council Public Hearing Items .
AM-1-20 (Resolution No. 21-13, Ordinance No. 1502,
Resolution No. 21-15 and Ordinance No. 1504)
Presentation, discussion and consideration on proposed
Text Amendment to the Apache Junction City Code,
Volume II, Land Development Code, Chapter 1 : Zoning
Ordinance, Article 1-6 : Supplemental Regulations,
Section 1-6-12, Medical Marijuana; Article 1-5 Zoning
Bulk and Use Regulations, Section 1-5-3 Non-
Residential Use Regulations; and Article 1-17, Section
1-17-1 Definitions .
Background
On November 3, 2020, the voters of Arizona passed the "Smart and
Safe Arizona Act", a citizen initiative........relating to the
responsible adult use, regulation and taxation of marijuana",
(also referred to as the "recreational marijuana act") .
On December 1, 2020, staff was directed by city council to amend
the current medical marijuana regulations to include
recreational marijuana.
In response to the direction to staff, staff drafted two draft
version of the text amendment changes .
On February 23, 2021, staff held a work session with the
planning and zoning commission to review the two draft text
changes .
Staff was given direction to focus on Version 2, which allows
Recreational Marijuana in the B-1, B-2, and B-3 zoning districts
and regulates Recreational Marijuana in the same manner as
Medical Marijuana.
Planning and Zoning Commission Recommendation
A planning and zoning commission public hearing was held on March
23, 2021 (planning staff report and exhibits attached) .
The commission unanimously recommended approval of the text
amendment dated March 17, 2021 in a vote of 7-0 . The attached
ordinance represents staff' s and the commission' s recommendation.
Council is advised that four (4) separate items are needed to
effect the commission' s changes :
l . Resolution No. 21-13 and 21-15 declare the proposed language
a public record
2 . Ordinance No. 1502 adopts the specific changes to Section 1-
6-12 Medical and Recreational Marijuana
3 . Ordinance No . 1504 adopts incidental changes to the
"commercial uses" and the definitions section of the zoning
ordinance in order to effect the new language adopted by
Ordinance No. 1502 .
Attachments:
- Ordinance No. 1502 (DRAFT)
- Resolution No. 21-13 (DRAFT)
- Ordinance No. 1504 (DRAFT)
- Resolution No. 21-15 (DRAFT)
- Revised Medical marijuana Ordinance (Markedup Version 2) (3.17.2021)
- Table 5-3 Non-Residential Use Regulations and 1-17-1 Definitions
- PZ Staff Report from March 23, 2021, with all attachments.
RESOLUTION NO. 21-13
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 "2021 AMENDMENTS TO THE APACHE JUNCTION
CITY CODE, VOLUME II, LAND DEVELOPMENT CODE, CHAPTER
1 : ZONING ORDINANCE, ARTICLE 1-6 : SUPPLEMENTAL
REGULATIONS, § 1-6-12 MEDICAL AND RECREATIONAL
MARIJUANA"; REPEALING ANY CONFLICTING PROVISIONS; AND
PROVIDING FOR SEVERABILITY.
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 three paper copies, or
one paper copy and one electronic copy, is filed with the city
clerk and the electronic copy is accessible on the city' s
website and are both made available for public use and
inspection; and
WHEREAS, pursuant to A.R. S . 9-801 (1) and 9-802, such
codes include medical and recreational marijuana zoning
regulations; and
WHEREAS, a work session on February 23, 2021 and public
hearing on March 23, 2021 were held with the planning and zoning
commission to discuss the proposed amendments; and
WHEREAS, city staff has identified such provisions herein,
and it is the intent of the city to declare such documents and
compilations as public records, on file in the office of the
city clerk.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA AS FOLLOWS :
SECTION I IN GENERAL
1 . That certain document entitled the "2021 Amendments to the
Apache Junction City Code, Volume II, Land Development
Code, Chapter 1 : Zoning Ordinance, Article 1-6 :
Supplemental Regulations, § 1-6-12 Medical and Recreational
RESOLUTION NO. 21-13
PAGE 1 OF 3
Marijuana", at least three paper copies, or one paper copy
and one electronic copy, of which are accessible on the
city' s website (www.apa.ch.ejunct-i-onaz .gov) and filed in the
office of the city clerk of the city of Apache Junction,
Arizona, is hereby declared to be a public record, and
shall be made available for public use and inspection, and
said copies are ordered to be remain on file with the city
clerk.
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 , 2021 .
SIGNED AND ATTESTED TO THIS DAY OF f 2021 .
WALTER "CHIP" WILSON
Mayor
ATTEST:
JENNIFER PENA
City Clerk
RESOLUTION NO. 21-13
PAGE 2 OF 3
APPROVED AS TO FORM:
RICHARD J. STERN
City Attorney
RESOLUTION NO. 21-13
PAGE 3 OF 3
ORDINANCE NO. 1502
AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY
OF APACHE JUNCTION, ARIZONA, AMENDING APACHE JUNCTION
CITY CODE, VOLUME II, LAND DEVELOPMENT CODE, CHAPTER 1 :
ZONING ORDINANCE, ARTICLE 1-6 : SUPPLEMENTAL REGULATIONS,
BY REPEALING, REPLACING AND RETITLING IN ITS ENTIRETY §
1-6-12, MEDICAL MARIJUANA; AND BY ADOPTING BY REFERENCE
THAT CERTAIN DOCUMENT ENTITLED "2021 AMENDMENTS TO THE
APACHE JUNCTION CITY CODE, VOLUME II, LAND DEVELOPMENT
CODE, CHAPTER 1 : ZONING ORDINANCE, ARTICLE 1-6 :
SUPPLEMENTAL REGULATIONS, § 1-6-12, MEDICAL AND
RECREATIONAL MARIJUANA"; REPEALING ANY CONFLICTING
PROVISIONS; PROVIDING FOR SEVERABILITY; AND PROVIDING
FOR PENALTIES.
WHEREAS, on December 4, 2020, the city council gave direction
to staff to process the necessary amendments to the zoning
ordinance, through the planning and zoning commission, to
accommodate recreational marijuana uses in the city, pursuant to
the approval of Proposition 207, the Smart and Safe Act, by the
voters of Arizona in the November 2020 general election; and
WHEREAS, on February 23, 2021, the planning and zoning
commission held a work session to review and discuss the proposed
amendments; and
WHEREAS, on March 23, 2021, the planning and zoning
commission voted 7 to 0 to recommend such amendments to the city
council; and
WHEREAS, A.R. S . § 9-802 permits municipalities to enact the
provisions of a code of public record theretofore in existence
without setting forth such provisions in full text as long as the
adopting ordinance is published in full text and at least three
paper copies, or one paper copy and one electronic copy of the
code or public record, are filed and made available for public
inspection in the office of the city clerk and the electronic
copy is accessible on the city' s website and made available for
public inspection; and
WHEREAS, pursuant to A.R. S . §§ 9-801 (1) and 9-802, codes
which may be adopted by reference include those relating to
medical and recreational marijuana zoning regulations; and
WHEREAS, city staff has determined that for administrative
efficiency, it is more appropriate to update the city code by
adopting by reference a revised version of the Apache Junction
City Code, Volume II, Land Development Code, Chapter 1 : Zoning
Ordinance, Article 1-6 : Supplemental Regulations, § 1-6-12,
Medical and Recreational Marijuana.
ORDINANCE NO. 1502
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 1-6 :
-Supplemental Regulations, § 1-6-12, Medical Marijuana is
hereby repealed in its entirety and replaced with new
provisions referenced below.
2 . That certain document known as the "2021 Amendments to the
Apache Junction City Code, Volume II, Land Development Code,
Chapter 1 : Zoning Ordinance, Article 1-6 : Supplemental
Regulations, § 1-6-12, Medical and Recreational Marijuana",
at least three paper copies, or one paper copy and one
electronic copy which are accessible on the city' s website
and filed in the office of the city clerk, which document
was made a public record by Resolution No. 21-13 of the City
of Apache Junction, Arizona, 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 I misdemeanor consistent
with Apache Junction City Code, Volume 1, Chapter 1 : GENERAL,
Article 1-8 : PENALTY.
ORDINANCE NO. 1502
2 OF 3
APPROVED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
APACHE JUNCTION THIS DAY OF , 2021 .
SIGNED AND ATTESTED TO THIS DAY OF , 2021 .
WALTER "CHIP" WILSON
Mayor
ATTEST:
JENNIFER PENA
City Clerk
APPROVED AS TO FORM:
RICHARD J. STERN
City Attorney
ORDINANCE NO. 1502
3 OF 3
"2021 Amendments to the Apache Junction City Code, Volume II,
Land Development Code, Chapter 1 : Zoning Ordinance, Article 1-6 :
Supplemental Regulations, § 1-6-12, Medical and Recreational
Marijuana"
1-6-12 MEDICAL AND RECREATIONAL MARIJUANA
A. Medical Marijuana:
1 . Permit Required. A CUP shall be required for the
establishment of nonprofit medical marijuana
facilities, including dispensaries, cultivation
facilities, and infusion facilities . The requirements
of this section, for the establishment of a nonprofit
medical marijuana use, may also be accomplished
through a planned development ("PD") rezoning process
or PD major amendment process .
2 . Number of Facilities Allowed in City. The total number
of nonprofit medical marijuana dispensaries,
cultivation facilities, and infusion facilities shall
be as allowed by state statute for the Apache Junction
Community Health Analysis Area ("CHAA") . (See A.R. S .
Title 36, Chapter 28 . 1 Arizona Medical Marijuana Act,
for definitions and statutes pertaining to medical
marijuana. )
3 . Allowed Zoning Districts .
a) Location of nonprofit medical marijuana
dispensaries shall be allowed in the city' s B-1,
B-2, B-4 and B-5 zoning districts .
b) Location of a cultivation facility and/or a
stand-alone nonprofit medical marijuana infusion
facility which serves one or more nonprofit
medical marijuana dispensaries shall be limited
to the city' s B-5 zoning district .
c) An existing medical marijuana facility that has
received CUP u € approval
from the city prior to the effective date of this
ordinance, shall be allowed to continue operating
at the approved location, regardless of any newly
defined spacing requirements; and as long as said
operation remains in strict accordance with the
conditions of approval of said facility, or as
1
may otherwise be approved by a CUP amendment or
renewal .
4 . An existing medical marijuana establishment that
intends to become a dual licensee to sell recreational
marijuana shall present proof of dual licensee status
to the city` s business license office; and
a) Is permitted by the State of Arizona to operate
both a nonprofit medical marijuana dispensary and
a marijuana establishment at a shared location;
and
b) Has not terminated its status as a dual licensee
with the Arizona Department of Health Services
("ADHS") by forfeiting either its marijuana
establishment license or non-profit medical
marijuana` dispensary registration.
5 . Facility Security. Medical marijuana dispensaries,
cultivation facilities, and infusion facilities shall
be located in af--� fully enclosed locked facility,
to include only a permanent s building
(walls and a roof) and not in a cargo container, RV,
trailer, or motor vehicle . If a green house is used as
a cultivation facility, reasonable measures shall be
taken to obscure the visibility of the marijuana
plants from outside the building.
6 . Applications . A CUP application for medical marijuana
dispensaries, cultivation facilities or infusion
facilities shall include all the information required
on the CUP application form and the following
supplemental information:
a) Signature and consent on the application form by
the property owner of record that he or she is
aware the property will be used for medical
marijuana dispensing, cultivating or infusion.
b) A copy of the preliminary approval from the ADHS
such
as a registration certificate, for the nonprofit
medical marijuana dispensary, nonprofit medical
marijuana dispensary off-site cultivation
facility or stand-alone nonprofit medical
2
marijuana infusion facility, or dual licensee and
a written assurance that all nonprofit medical
marijuana dispensary agents associated with the
approved facility shall register with the Apache
Junction Police Department upon final approval to
operate from ADHS, as well as a copy of said
final approval document .
c) Application and all applicable fees paid as
required by Apache Junction City Code, Volume I;
Chapter 8, Business, and the Apache Junction City
Tax Code as amended.
d) A detailed site plan and floor plan for the
facility prepared in accordance with Section 1-
16-9, and narrative explaining the operation of
the facility and hours of operation.
7 . Conditions of Approval . The conditions of approval
which may be considered by the planning and zoning
commission in evaluating these requests include the
following:
a) Required Spacing Requirements :
i . A minimum of 1, 320 feet between another
dispensary, cultivation facility or infusion
facility, as measured from nearest building
wall to nearest building wall .
ii . A minimum of 750 feet between a dispensary,
cultivation facility or infusion facility
and any public or private education
institution ;(inclusive of public or private
charter schools);, library, public park,
commercial-zoned day care facility, free-
standing church, drug and/or alcohol
rehabilitation center, or; group home, as
measured from nearest building wall of the
business to the nearest building wall of the
protected use .
8 . Operating Requirements :
a) Drive-through pickup windows shall not be
allowed. Delivery service shall be allowed as
per state statute .
3
b) Outdoor seating areas at dispensaries,
cultivation facilities or infusion facilities
shall not be allowed.
c) A medical marijuana facility shall submit a
security plan containing the following
information:
i . Proof that any cultivation and storage of
medical marijuana will take place in an
"enclosed locked facility (with walls and a
roof and= not a manufactured or factory built
building or cargo container) " equipped with
locks or other security devices that permit
access only by persons authorized to enter
pursuant to state and local law.
ii . A floor plan that details the security
measures required by state law, including an
on-site alarm system, video surveillance
devices and a single secure entrance .
Explanation, narrative, or protocols against
medical marijuana diversion and theft.
iv. Provide and continuously update as needed a
current list of all persons who are
authorized to access the dispensary, off-
site cultivation site or infusion facility.
d) On-site consumption of medical marijuana at a
dispensary, cultivation facility or infusion
facility shall not be allowed.
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f) The size of facility in terms of square footage,
building height or other factors shall be
consistent with the character of existing or
planned surrounding development.
g) Signage that will be visible from the exterior of
the facility may be approved by the city if all
sign code regulations have been met. The use of
the marijuana leaf symbol shall not be allowed on
any exterior signage .
9 . Other Conditions . The planning and zoning commission
may deem it necessary to apply other conditions to
conserve and promote the public health, safety,
convenience and general welfare, including:
a) Compliance with all city-adopted zoning,
landscaping, engineering, building, design
guidelines, overlay district and/or planned
development district requirements .
b) The commission shall reserve the right to revoke
a CUP for noncompliance with any condition
prescribed as part of the permit approval or if
the use is demonstrated to be a nuisance or
hazard to the neighborhood or community.
c) Hours of operation will be addressed through the
CUP process .
d) Allowing and accommodating unannounced
inspections by law enforcement officials at any
time the facility is occupied and/or operating,
emergency contact information, alarm permit and
other items for the reasonable, transparent and
safe ioperation of the facility.
10 . Medical Marijuana Patient Home Cultivation. In the event
that a qualifying patient residing in the city lives 25
miles or farther from a dispensary, said individual or his
or her designated caregiver may cultivate no more than 12
marijuana plants at the place of primary residence
(including a manufactured home or a recreational vehicle)
of the qualifying patient, with owner' s permission, without
need to apply for a CUP. However, said individual or his or
her designated caregiver shall apply the same types of
5
precautions as above for security, use, documentation and
must advise the chief of police of his or her intent to
cultivate marijuana at home. At such time as a dispensary
is located within 25 miles from the qualifying patient' s
home, all cultivation of marijuana plants in the home must
cease or shall be considered a zoning violation, among
other possible local, state and federal law violations .
Any change in residence location shall be reported to the
chief of police within 30 days .
11 . Medical Marijuana Caregiver Home Cultivation. In the event
that a designated caregiver whose residence is in the city
limits is cultivating marijuana for the qualifying patient
or patients in his or her care, and whose qualifying
patient or patients in his or her care live 25 miles or
farther from a dispensary, said designated caregiver may
cultivate no more than 12 marijuana plants per patient at
the place of primary residency of the designated caregiver
(including a manufactured home or a recreational vehicle) ,
with homeowner' s permission, without need to apply for a
CUP. However, said designated caregiver shall apply the
same types of precautions as above for security, use,
documentation and must advise the chief of police of his or
her intent to cultivate marijuana at home for the benefit
of his or her qualifying patient or patients . At such time
as a dispensary is located within 25 miles from the
qualified patient on patients home, all cultivation of
marijuana plants in the home must cease or shall be
considered a zoning violation, among other possible local,
state and federal law violations . Any change in residence
location shall be reported to the chief of police within 30
days .
B. Recreational Marijuana
1 . All provisions in this section are pursuant ,to A.R. S .
Title 36, Chapter 28 . 2 Responsible Adult Use of
Marijuana.i
2 . Permit Required. A CUP shall be required for the
establishment of recreational marijuana
establishments . The requirements of this section, for
the establishment of a marijuana use, may also be
accomplished through a planned development ("PD")
rezoning process or PD major amendment process .'
6
3 . Allowed Zoning; Districts . Location of marijuana
establishments shall be allowed in the city' s B-1, B
2 B-3 and B-4 zoning districts,
4 . Facility Security. ; Recreational marijuana
establishments shall be located in a fully enclosed
locked facility, to include only a permanent building
(walls and a roof) and not in a' cargo container, RV,
trailer, or motor vehicle .
5 . Applications . A CUP application for recreational
marijuana establishments shall include all the
information required on the CUP application form and
the following supplemental information:
a) Signature and` consent fon the application form by
the property owner of record that he or she is
aware the property will be used for a
recreational marijuana establishment.
b) A copy of the preliminary approval from the
Arizona Department of Health Services ("ADHS") ,
such as a registration certificate, for a
marijuana establishment, and a written assurance
that all marijuana establishment agents
associated with the approved facility shall'
register with the Apache Junction Police
Department upon final approval to operate from
ADHS,` as well as a copy of said final approval
document .
c) Application and all applicable fees paid as
required by Apache Junction City Code, ;Volume I
Chapter 8, Business, and the Apache Junction City
Tax Code as amended.
d) A detailed site plan and floor'; plan for the
facility prepared in accordance with Section 1
16-9, and narrative explaining the operation of
the facility and hours of operation.
6 . Conditions of Approval . The conditions of approval
which may be considered by ,the planning and zoning
7
commission in evaluating these requests include the
following
a) Required Spacing Requirements :
i . 'A minimum of 1, 320 feet between another
medical marijuana use (inclusive of dual'
licensee facilities) or recreational
marijuana establishment as measured from
nearest building wall to nearest building
wall .
ii'. A minimum of 750 feet between another
medical marijuana use (inclusive of duali
licensee facilities) or recreational
marijuana establishment and any public or
private education institution (inclusive of
public and private charter schools) ,
library, public park, commercial-zoned day
care facility, free-standing church, drug
and/or alcohol rehabilitation center, or
group home as measured from nearest building
walk of the business to the nearest building
wall of the protected use .
7 . Operating Requirements :
a) Drive-through pickup windows shall not be
allowed, but delivery service shall be allowed as
per state statute :
b) Outdoor seating areas at recreational
establishments shall not be allowed.
c) A recreational marijuana facility shall submit a
security ;plan' containing the following
information:
i . Proof that any cultivation and storage; of
marijuana will take place in an "enclosed,
locked facility (with walls and a `roof and
not a manufactured or factory built building
or cargo container) " equipped with locks or
other security devices that permit access
only by persons authorized to enter pursuant
to state and local law.
8
ii . A floor plan that details the security
measures required by state law, including an
on-site alarm system, video surveillance
devices and a single secure entrance .
ii . Explanation, narrative, or protocols
against marijuana diversion and theft.
iv. Provide and continuously update as needed a
current list of all persons who are
authorized to access the establishment.'
d) On-site consumption of marijuana establishment
shall not be allowed.'
e) The size of facility in terms of square footage,
building height or other factors shall be
consistent with the character of existing or
planned surrounding development.
f) Signage that will be visible from the exterior of
the facility may be approved by the city if all
sign code regulations have been met. The use of
the marijuana leaf symbol shall not be allowed on
any exterior signage
8 . Other Conditions . The planning and zoning commission
may deem it necessary to apply other conditions to
conserve and promote the public health, safety,
convenience and general welfare, including:
a) Compliance with all city-adopted zoning,;
landscaping, engineering, building, design
guidelines, overlay district and/or planned
development district requirements .
b) The commission shall reserve the right to revoke
a CUP for noncompliance with any condition
prescribed as part of the permit approval or if
the use is demonstrated to be a nuisance or
hazard to the neighborhood' or community.
c) Hours of 'operation will be addressed through the
CUP process .
9
d) Allowing and accommodating unannounced
inspections by law enforcement officials at any
time the facility is occupied and/or operating,
emergency contact information, ; alarm permit and
other items for the reasonable, transparent and
safe 'operation of the facility'.
9 . The operation of airecreational marijuana testing
facility is prohibited.
1O . The commercial cultivation and processing of
recreational marijuana as a standalone use is
prohibited.
11 . Home Cultivation
a) It shall be unlawful for any individual who is at
least twenty-one (21) years of age to possess,
transport, cultivate or process more than six (6)
marijuana plants
b) It shall be unlawful for two or more individuals'
who are at least twenty-one (21) years of age to
possess, transport, cultivate or process more
than twelve (12) marijuana plants at the
individuals' primary residence`.
c) Except as provided by A.R. S §36-2801 et al . and
this Section, it shall be unlawful for an
individual to otherwise cultivate marijuana in ai
residential zoning district within Apache
Junction
d) Individuals shall not process or manufacture'
marijuana by means of any liquid or gas i other
than alcohol, that has a flashpoint below one
hundred (100) degrees Fahrenheit.
e) Kitchen, bathrooms, and primary bedroom(s) shall
be used for their intended use and shall not be
used primarily for residential marijuana
processing, manufacturing, or cultivation.4
f) A residence shall not emit dust, fumes, vapors,
or odors into the environment and individuals
shall ensure that ventilation, air ' filtration,;
10
building and design standards are compatible with
adjacent uses and the requirement of adopted
building codes of Apache Junction.'
g) Cultivation shall be limited to a closet, room,
greenhouse, or other enclosed area on the grounds
of the residence equipped with la lock or other
security device that prevents access by minors .
h) Cultivation shall take place in an area where the
marijuana; plants are not visible from public view
without using binoculars, aircraft, or other
optical aids .
i) Cultivation as part of a Nome based occupation is
not allowed.
11
City ofApache Junction
Development Services Department
PLANNING AND ZONING COMMISSION
PUBLIC HEARING STAFF REPORT
DATE: March 23, 2021
CASE NUMBER: AM-1-20
REQUEST: Presentation, discussion and consideration
on proposed Text Amendment to the Apache
Junction City Code, Volume II, Land
Development Code, Chapter 1 : Zoning
Ordinance, Article 1-6 : Supplemental
Regulations, Section 1-6-12, Medical
Marijuana; Section 1-5-3 Non-Residential
Use Regulations; and Article 1-17 :
Definitions .
BACKGROUND
On November 3, 2020, as part of the general election, the voters
of Arizona passed the "Smart and Safe Arizona Act", a citizen
initiative......" relating to the responsible adult use, regulation
and taxation of marijuana", also referred to as recreational
marijuana.
On December 1, 2020, the City Council directed Planning Staff to
amend the Zoning Text that addresses the medical marijuna
criteria to include recreational marijuana, as follows :
"Councilmember Rizzi moved, seconded by Mayor Serdy to direct
staff to allow existing dispensaries to become dual licensees :
require CUP amendment process, operate under the same rules as
existing dispensaries, allow recreational marijuana sales too,
but no cultivation or processing, allow medical marijuana to
convert to recreational marijuana through CUP amendment, the
code to still allow for medical marijuana cultivation and
infusion kitchens . Councilmember Evans motioned to add on to
Councilmember Rizzi ' s motion that marijuana be treated like
retail and liquor stores in the B-1, B-2 and B-3 zones . "
At a work session on February 23, 2021, the Planning and Zoning
Commission was presented with two text change options regarding
"Medical Marijuana Text Amendments"Case AM-1-20
March 23,2021 Planning and Zoning Commission Staff Report
the integration of recreational marijuana into the existing
medical marijuana regulations .
Version 1 allowed dual licensee facilities with the city, but
did not allow new standalone recreational marijuana
establishments or recreational marijuana testing facilities .
Version 2 allowed standalone recreational marijuana
establishments in the B-1, B-2 and B-3 zoning district, did not
allow recreational marijuana testing facilities, and imposed the
same regulations as existing medical marijuana dispensaries .
The Planning and Zoning Commission recommended that staff move
forward with Version 2, provided that recreational marijuana
establishments were treated the same as existing medical
marijuana dispensaries, including the spacing requirements .
PROPOSAL
The draft amendments are being presented to the planning and
zoning commission for their recommendation to the city council .
The proposed text amendment is case AM-1-20, a request to amend
the medical marijuana regulations to include recreational
marijuana.
Revised Section 1-6-12 Medical and Recreational Marijuana:
- Medical Marijuana Criteria:
o All regulations for medical marijuana facilities are
to remain the same . Minor text changes have been made
for clarification.
o The addition of regulations surrounding dual licensees
has been added to the medical marijuana regulations .
- Recreational Marijuana Criteria:
o Recreational marijuana establishments will be treated
in the same manner as medical marijuana facilities .
o Regulations include the home cultivation of
recreational marijuana for individuals 21 years of age
or older.
Section 1-5-2 Non-Residential Use Regulations
- Table 1-5-2 will be revised to include provisions regarding
recreational marijuana.
"Medical Marijuana Text Amendments"Case AM-1-20
March 23,2021 Planning and Zoning Commission Staff Report
Article 1-17 : Definitions
- Definitions within this article will be revised to reflect
the words and phrases that are described in the newly
amended medical and recreational marijuana regulations .
PLANNING DIVISION RECOMMENDATION
Planning staff recommends approval of the proposed text
amendment and offers the following recommended motion to update
the Apache Junction City Code, Volume II, Land Development Code,
Chapter 1 : Zoning Ordinance, Article 1-6 : Supplemental
Regulations, Section 1-6-12, Medical Marijuana, Section 1-5-3
Non-Residential Use Regulations, and Article 1-17 : Definitions
to include regulations regarding recreational marijuana.
RECOMMENDED MOTION
I move that the Planning and Zoning Commission recommend to the
Apache Junction City Council the (APPROVAL/DENIAL) of text
amendment case AM-1-20, an amendment to the Apache Junction City
Code, Volume II, Land Development Code, Chapter 1 : Zoning
Ordinance, Article 1-6 : Supplemental Regulations, Section 1-6-
12, Medical Marijuana; Section 1-5-3 Non-Residential Use
Regulations; and Article 1-17 : Definitions described in the
attached text exhibits dated March 17, 2021 .
Prepared by Kelsey Schattnik
Planner
Attachments:
Exhibit #1 - Revised Medical Marijuana Ordinance ("Clean"
Version 2)_(March 17, 2021)
Exhibit #2 - Revised Medical Marijuana Ordinance ("Marked-up"
Version 2)_(March 17, 2021)
Exhibit #3 - Revised Section 1-5-3 Non-Residential Use Regulations and
Article 1-17 Definitions (March 17, 2021)
Exhibit #4 - Revised Medical Marijuana Ordinance (Version 1)_
(Presented to Planning and Zoning Commission on February 23, 2021)
"Medical Marijuana Text Amendments"Case AM-1-20
March 23,2021 Planning and Zoning Commission Staff Report
CITY OF APACHE JUNCTION MARIJUANA REGULATIONS (Version 2)
March 17, 2021
1-6-12 MEDICAL AND RECREATIONAL MARIJUANA
A. Medical Marijuana:
1. Permit Required. A CUP shall be required for the establishment of nonprofit medical
marijuana facilities, including dispensaries, cultivation facilities, and infusion
facilities. The requirements of this section,for the establishment of a nonprofit
medical marijuana use, may also be accomplished through a planned development
("PD") rezoning process or PD major amendment process.
2. Number of Facilities Allowed in City.The total number of nonprofit medical
marijuana dispensaries, cultivation facilities, and infusion facilities shall be as
allowed by state statute for the Apache Junction Community Health Analysis Area
("CHAA"). (See A.R.S.Title 36, Chapter 28.1 Arizona Medical Mariivana Act, for
definitions and statutes pertaining to medical marijuana.)
3. Allowed Zoning Districts.
a) Location of nonprofit medical marijuana dispensaries shall be allowed in the
city's B-1, B-2, B-4 and B-5 zoning districts.
b) Location of a cultivation facility and/or a stand-alone nonprofit medical
marijuana infusion facility which serves one or more nonprofit medical
marijuana dispensaries shall be limited to the city's B-5 zoning district.
c) An existing medical marijuana facility that has received CUP approval from
the city prior to the effective date of this ordinance, shall be allowed to
continue operating at the approved location, regardless of any newly
defined spacing requirements; and as long as said operation remains in strict
accordance with the conditions of approval of said facility, or as may
otherwise be approved by a CUP amendment or renewal.
4. An existing medical marijuana establishment that intends to become a dual licensee
to sell recreational marijuana shall present proof of dual licensee status to the city's
business license office; and
a) Is permitted by the State of Arizona to operate both a nonprofit medical
marijuana dispensary and a marijuana establishment at a shared location;
and
1
b) Has not terminated its status as a dual licensee with the Arizona Department
of Health Services ("ADHS") by forfeiting either its marijuana establishment
license or non-profit medical marijuana dispensary registration.
5. Facility Security. Medical marijuana dispensaries, cultivation facilities, and infusion
facilities shall be located in a fully enclosed locked facility, to include only a
permanent building (walls and a roof) and not in a cargo container, RV,trailer, or
motor vehicle. If a green house is used as a cultivation facility, reasonable measures
shall be taken to obscure the visibility of the marijuana plants from outside the
building.
6. Applications. A CUP application for medical marijuana dispensaries, cultivation
facilities or infusion facilities shall include all the information required on the CUP
application form and the following supplemental information:
a) Signature and consent on the application form by the property owner of
record that he or she is aware the property will be used for medical
marijuana dispensing, cultivating or infusion.
b) A copy of the preliminary approval from the ADHS, such as a registration
certificate,for the nonprofit medical marijuana dispensary, nonprofit
medical marijuana dispensary off-site cultivation facility or stand-alone
nonprofit medical marijuana infusion facility, or dual licensee and a written
assurance that all nonprofit medical marijuana dispensary agents associated
with the approved facility shall register with the Apache Junction Police
Department upon final approval to operate from ADHS, as well as a copy of
said final approval document.
c) Application and all applicable fees paid as required by Apache Junction City
Code,Volume I; Chapter 8, Business, and the Apache Junction City Tax Code
as amended.
d) A detailed site plan and floor plan for the facility prepared in accordance
with Section 1-16-9, and narrative explaining the operation of the facility and
hours of operation.
7. Conditions of Approval.The conditions of approval which maybe considered by the
planning and zoning commission in evaluating these requests include the following:
a) Required Spacing Requirements:
i. A minimum of 1,320 feet between another dispensary, cultivation
facility or infusion facility, as measured from nearest building wall to
nearest building wall.
2
ii. A minimum of 750 feet between a dispensary, cultivation facility or
infusion facility and any public or private education institution
(inclusive of public or private charter schools), library, public park,
commercial-zoned day care facility,free-standing church, drug
and/or alcohol rehabilitation center, or group home, as measured
from nearest building wall of the business to the nearest building
wall of the protected use.
8. Operating Requirements:
a) Drive-through pickup windows shall not be allowed. Delivery service shall be
allowed as per state statute.
b) Outdoor seating areas at dispensaries, cultivation facilities or infusion
facilities shall not be allowed.
c) A medical marijuana facility shall submit a security plan containing the
following information:
i. Proof that any cultivation and storage of medical marijuana will take
place in an "enclosed locked facility (with walls and a roof and not a
manufactured or factory built building or cargo container)" equipped
with locks or other security devices that permit access only by
persons authorized to enter pursuant to state and local law.
ii. A floor plan that details the security measures required by state law,
including an on-site alarm system,video surveillance devices and a
single secure entrance.
iii. Explanation, narrative, or protocols against medical marijuana
diversion and theft.
iv. Provide and continuously update as needed a current list of all
persons who are authorized to access the dispensary, off-site
cultivation site or infusion facility.
d) On-site consumption of medical marijuana at a dispensary, cultivation
facility or infusion facility shall not be allowed.
e) The size of facility in terms of square footage, building height or other
factors shall be consistent with the character of existing or planned
surrounding development.
f) Signage that will be visible from the exterior of the facility may be approved
by the city if all sign code regulations have been met. The use of the
marijuana leaf symbol shall not be allowed on any exterior signage.
3
9. Other Conditions. The planning and zoning commission may deem it necessary to
apply other conditions to conserve and promote the public health, safety,
convenience and general welfare, including:
a) Compliance with all city-adopted zoning, landscaping, engineering, building,
design guidelines, overlay district and/or planned development district
requirements.
b) The commission shall reserve the right to revoke a CUP for noncompliance
with any condition prescribed as part of the permit approval or if the use is
demonstrated to be a nuisance or hazard to the neighborhood or
community.
c) Hours of operation will be addressed through the CUP process.
d) Allowing and accommodating unannounced inspections by law enforcement
officials at anytime the facility is occupied and/or operating, emergency
contact information, alarm permit and other items for the reasonable,
transparent and safe operation of the facility.
3. Medical Mariivana Patient Home Cultivation. In the event that a qualifying patient
residing in the city lives 25 miles or farther from a dispensary, said individual or his
or her designated caregiver may cultivate no more than 12 marijuana plants at the
place of primary residence (including a manufactured home or a recreational
vehicle) of the qualifying patient, with owner's permission, without need to apply
for a CUP. However, said individual or his or her designated caregiver shall apply the
same types of precautions as above for security, use, documentation and must
advise the chief of police of his or her intent to cultivate marijuana at home. At such
time as a dispensary is located within 25 miles from the qualifying patient's home,
all cultivation of marijuana plants in the home must cease or shall be considered a
zoning violation, among other possible local, state and federal law violations. Any
change in residence location shall be reported to the chief of police within 30 days.
4. Medical Mariivana Caregiver Home Cultivation. In the event that a designated
caregiver whose residence is in the city limits is cultivating marijuana for the
qualifying patient or patients in his or her care, and whose qualifying patient or
patients in his or her care live 25 miles or farther from a dispensary, said designated
caregiver may cultivate no more than 12 marijuana plants per patient at the place of
primary residency of the designated caregiver (including a manufactured home or a
recreational vehicle), with homeowner's permission, without need to apply for a
CUP. However, said designated caregiver shall apply the same types of precautions
as above for security, use, documentation and must advise the chief of police of his
or her intent to cultivate marijuana at home for the benefit of his or her qualifying
patient or patients.At such time as a dispensary is located within 25 miles from the
4
designated caregiver's home, all cultivation of marijuana plants in the home must
cease or shall be considered a zoning violation, among other possible local, state
and federal law violations. Any change in residence location shall be reported to the
chief of police within 30 days.
B. Recreational Marijuana
1. All provisions in this section are pursuant to A.R.S.Title 36, Chapter 28.2 Responsible
Adult Use of Mariivana.
2. Permit Required.A CUP shall be required for the establishment of recreational
marijuana establishments.The requirements of this section,for the establishment of a
marijuana use, may also be accomplished through a planned development("PD")
rezoning process or PD major amendment process.
3. Allowed Zoning Districts. Location of marijuana establishments shall be allowed in the
city's B-1, B-2, B-3 and B-4 zoning districts.
4. Facility Security. Recreational marijuana establishments shall be located in a fully
enclosed locked facility, to include only a permanent building (walls and a roof) and
not in a cargo container, RV,trailer, or motor vehicle.
5. Applications. A CUP application for recreational marijuana establishments shall
include all the information required on the CUP application form and the following
supplemental information:
a) Signature and consent on the application form by the property owner of
record that he or she is aware the property will be used for a recreational
marijuana establishment.
b) A copy of the preliminary approval from the Arizona Department of Health
Services ("ADHS"), such as a registration certificate, for a marijuana
establishment, and a written assurance that all marijuana establishment
agents associated with the approved facility shall register with the Apache
Junction Police Department upon final approval to operate from ADHS, as
well as a copy of said final approval document.
c) Application and all applicable fees paid as required by Apache Junction City
Code,Volume 1; Chapter 8, Business, and the Apache Junction City Tax Code
as amended.
d) A detailed site plan and floor plan for the facility prepared in accordance
with Section 1-16-9, and narrative explaining the operation of the facility and
hours of operation.
5
6. Conditions of Approval.The conditions of approval which may be considered by the
planning and zoning commission in evaluating these requests include the following:
a) Required Spacing Requirements:
i. A minimum of 1,320 feet between another medical marijuana use
(inclusive of dual licensee facilities) or recreational marijuana
establishment as measured from nearest building wall to nearest
building wall.
ii. A minimum of 750 feet between another medical marijuana use
(inclusive of dual licensee facilities) or recreational marijuana
establishment and any public or private education institution
(inclusive of public and private charter schools), library, public park,
commercial-zoned day care facility,free-standing church, drug
and/or alcohol rehabilitation center, or group home as measured
from nearest building wall of the business to the nearest building
wall of the protected use.
7. Operating Requirements:
a) Drive-through pickup windows shall not be allowed, but delivery service
shall be allowed as per state statute.
b) Outdoor seating areas at recreational establishments shall not be allowed.
c) A recreational marijuana facility shall submit a security plan containing the
following information:
i. Proof that any cultivation and storage of marijuana will take place in
an "enclosed, locked facility(with walls and a roof and not a
manufactured or factory built building or cargo container)" equipped
with locks or other security devices that permit access only by
persons authorized to enter pursuant to state and local law.
ii. A floor plan that details the security measures required by state law,
including an on-site alarm system,video surveillance devices and a
single secure entrance.
iii. Explanation, narrative, or protocols against marijuana diversion and
theft.
iv. Provide and continuously update as needed a current list of all
persons who are authorized to access the establishment.
d) On-site consumption of marijuana establishment shall not be allowed.
6
e) The size of facility in terms of square footage, building height or other
factors shall be consistent with the character of existing or planned
surrounding development.
f) Signage that will be visible from the exterior of the facility may be approved
by the city if all sign code regulations have been met. The use of the
marijuana leaf symbol shall not be allowed on any exterior signage.
8. Other Conditions.The planning and zoning commission may deem it necessary to
apply other conditions to conserve and promote the public health, safety,
convenience and general welfare, including:
a) Compliance with all city-adopted zoning, landscaping, engineering, building,
design guidelines, overlay district and/or planned development district
requirements.
b) The commission shall reserve the right to revoke a CUP for noncompliance
with any condition prescribed as part of the permit approval or if the use is
demonstrated to be a nuisance or hazard to the neighborhood or
community.
c) Hours of operation will be addressed through the CUP process.
d) Allowing and accommodating unannounced inspections by law enforcement
officials at anytime the facility is occupied and/or operating, emergency
contact information, alarm permit and other items for the reasonable,
transparent and safe operation of the facility.
9. The operation of a recreational marijuana testing facility is prohibited.
10. The commercial cultivation and processing of recreational marijuana as a standalone
use is prohibited.
11. Home Cultivation.
a) It shall be unlawful for any individual who is at least twenty-one (21)years of
age to possess, transport, cultivate or process more than six(6) marijuana
plants.
b) It shall be unlawful for two or more individuals who are at least twenty-one
(21)years of age to possess, transport, cultivate or process more than
twelve (12) marijuana plants at the individuals' primary residence.
7
c) Except as provided by A.R.S §36-2801 et al. and this Section, it shall be
unlawful for an individual to otherwise cultivate marijuana in a residential
zoning district within Apache Junction.
d) Individuals shall not process or manufacture marijuana by means of any
liquid or gas other than alcohol,that has a flashpoint below one hundred
(100) degrees Fahrenheit.
e) Kitchen, bathrooms, and primary bedroom(s) shall be used for their
intended use and shall not be used primarily for residential marijuana
processing, manufacturing, or cultivation.
f) A residence shall not emit dust,fumes,vapors, or odors into the
environment and individuals shall ensure that ventilation, air filtration,
building and design standards are compatible with adjacent uses and the
requirement of adopted building codes of Apache Junction.
g) Cultivation shall be limited to a closet, room,greenhouse, or other enclosed
area on the grounds of the residence equipped with a lock or other security
device that prevents access by minors.
h) Cultivation shall take place in an area where the marijuana plants are not
visible from public view without using binoculars, aircraft, or other optical
aids.
i) Cultivation as part of a home based occupation is not allowed.
8
CITY OF APACHE JUNCTION MARIJUANA REGULATIONS (Version 2)
March 17, 2021
1-6-12 MEDICAL AND RECREATIONAL MARIJUANA
A. Medical Marijuana:
1. Permit Required. A CUP shall be required for the establishment of nonprofit medical
marijuana facilities, including dispensaries, cultivation facilities, and infusion
facilities. The requirements of this section,for the establishment of a nonprofit
medical marijuana use, may also be accomplished through a planned development
("PD") rezoning process or PD major amendment process.
2. Number of Facilities Allowed in City.The total number of nonprofit medical
marijuana dispensaries, cultivation facilities, and infusion facilities shall be as
allowed by state statute for the Apache Junction Community Health Analysis Area
("CHAA"). (See A.R.S.Title 36, Chapter 28.1 Arizona Medical Mariivana Act, for
definitions and statutes pertaining to medical marijuana.)
3. Allowed Zoning Districts.
a) Location of nonprofit medical marijuana dispensaries shall be allowed in the
city's B-1, B-2, B-4 and B-5 zoning districts.
b) Location of a cultivation facility and/or a stand-alone nonprofit medical
marijuana infusion facility which serves one or more nonprofit medical
marijuana dispensaries shall be limited to the city's B-5 zoning district.
c) An existing medical marijuana facility that has received CUP ,'
rn4 approval from the city prior to the effective date of this
ordinance, shall be allowed to continue operating at the approved location,
regardless of any newly defined spacing requirements; and as long as said
operation remains in strict accordance with the conditions of approval of
said facility, or as may otherwise be approved by a CUP amendment or
renewal.
4. An existing medical marijuana establishment that intends to become a dual licensee
to sell recreational marijuana shall present proof of dual licensee status to the city's
business license office; and
a) Is permitted by the State of Arizona to operate both a nonprofit medical
marijuana dispensary and a marijuana establishment at a shared location;
and
1
b) Has not terminated its status as a dual licensee with the Arizona Department
of Health Services ("ADHS") by forfeiting either its marijuana establishment
license or non-profit medical marijuana dispensary registration.
5. Facility Security. Medical marijuana dispensaries, cultivation facilities, and infusion
facilities shall be located in aR a fully enclosed locked facility,F .a-a to include
only a permanent cl°#-e building(walls and a roof) and not in a cargo container, RV,
trailer, or motor vehicle. If a green house is used as a cultivation facility, reasonable
measures shall be taken to obscure the visibility of the marijuana plants from
outside the building.
6. Applications. A CUP application for medical marijuana dispensaries, cultivation
facilities or infusion facilities shall include all the information required on the CUP
application form and the following supplemental information:
a) Signature and consent on the application form by the property owner of
record that he or she is aware the property will be used for medical
marijuana dispensing, cultivating or infusion.
b) A copy of the preliminary approval from the ADHS - t o
...Nf_4t4--S,efvic-4-s4-LD4SL'4, such as a registration certificate,for the nonprofit
medical marijuana dispensary, nonprofit medical marijuana dispensary off-
site cultivation facility or stand-alone nonprofit medical marijuana infusion
facility, or dual licensee and a written assurance that all nonprofit medical
marijuana dispensary agents associated with the approved facility shall
register with the Apache Junction Police Department upon final approval to
operate from ADHS, as well as a copy of said final approval document.
c) Application and all applicable fees paid as required by Apache Junction City
Code,Volume I; Chapter 8, Business, and the Apache Junction City Tax Code
as amended.
d) A detailed site plan and floor plan for the facility prepared in accordance
with Section 1-16-9, and narrative explaining the operation of the facility and
hours of operation.
7. Conditions of Approval.The conditions of approval which maybe considered by the
planning and zoning commission in evaluating these requests include the following:
a) Required Spacing Requirements:
i. A minimum of 1,320 feet between another dispensary, cultivation
facility or infusion facility, as measured from nearest building wall to
nearest building wall.
2
ii. A minimum of 750 feet between a dispensary, cultivation facility or
infusion facility and any public or private education institution
(inclusive of public or private charter schools), library, public park,
commercial-zoned day care facility,free-standing church, drug
and/or alcohol rehabilitation center, or group home, as measured
from nearest building wall of the business to the nearest building
wall of the protected use.
8. Operating Requirements:
a) Drive-through pickup windows shall not be allowed. Delivery service shall be
allowed as per state statute.
b) Outdoor seating areas at dispensaries, cultivation facilities or infusion
facilities shall not be allowed.
c) A medical marijuana facility shall submit a security plan containing the
following information:
i. Proof that any cultivation and storage of medical marijuana will take
place in an "enclosed locked facility (with walls and a roof and not a
manufactured or factory built building or cargo container)" equipped
with locks or other security devices that permit access only by
persons authorized to enter pursuant to state and local law.
ii. A floor plan that details the security measures required by state law,
including an on-site alarm system, video surveillance devices and a
single secure entrance.
iii °ti Explanation, narrative, or protocols
against medical marijuana diversion and theft.
iv. Provide and continuously update as needed a current list of all
persons who are authorized to access the dispensary, off-site
cultivation site or infusion facility.
d) On-site consumption of medical marijuana at a dispensary, cultivation
facility or infusion facility shall not be allowed.
p ._,-� es-;
3
f) The size of facility in terms of square footage, building height or other
factors shall be consistent with the character of existing or planned
surrounding development.
g) Signage that will be visible from the exterior of the facility may be approved
by the city if all sign code regulations have been met. The use of the
marijuana leaf symbol shall not be allowed on any exterior signage.
9. Other Conditions. The planning and zoning commission may deem it necessary to
apply other conditions to conserve and promote the public health, safety,
convenience and general welfare, including:
a) Compliance with all city-adopted zoning, landscaping, engineering, building,
design guidelines, overlay district and/or planned development district
requirements.
b) The commission shall reserve the right to revoke a CUP for noncompliance
with any condition prescribed as part of the permit approval or if the use is
demonstrated to be a nuisance or hazard to the neighborhood or
community.
c) Hours of operation will be addressed through the CUP process.
d) Allowing and accommodating unannounced inspections by law enforcement
officials at anytime the facility is occupied and/or operating, emergency
contact information, alarm permit and other items for the reasonable,
transparent and safe operation of the facility.
3. Medical Mariivana Patient Home Cultivation. In the event that a qualifying patient
residing in the city lives 25 miles or farther from a dispensary, said individual or his
or her designated caregiver may cultivate no more than 12 marijuana plants at the
place of primary residence (including a manufactured home or a recreational
vehicle) of the qualifying patient, with owner's permission, without need to apply
for a CUP. However, said individual or his or her designated caregiver shall apply the
same types of precautions as above for security, use, documentation and must
advise the chief of police of his or her intent to cultivate marijuana at home. At such
time as a dispensary is located within 25 miles from the qualifying patient's home,
all cultivation of marijuana plants in the home must cease or shall be considered a
zoning violation, among other possible local, state and federal law violations. Any
change in residence location shall be reported to the chief of police within 30 days.
4. Medical Marijuana Caregiver Home Cultivation. In the event that a designated
caregiver whose residence is in the city limits is cultivating marijuana for the
qualifying patient or patients in his or her care, and whose qualifying patient or
4
patients in his or her care live 25 miles or farther from a dispensary, said designated
caregiver may cultivate no more than 12 marijuana plants per patient at the place of
primary residency of the designated caregiver (including a manufactured home or a
recreational vehicle), with homeowner's permission, without need to apply for a
CUP. However, said designated caregiver shall apply the same types of precautions
as above for security, use, documentation and must advise the chief of police of his
or her intent to cultivate marijuana at home for the benefit of his or her qualifying
patient or patients. At such time as a dispensary is located within 25 miles from the
designated caregiver's home, all cultivation of marijuana plants in the home must
cease or shall be considered a zoning violation, among other possible local, state
and federal law violations. Any change in residence location shall be reported to the
chief of police within 30 days.
B. Recreational Marijuana
1. All provisions in this section are pursuant to A.R.S.Title 36, Chapter 28.2 Responsible
Adult Use of Mariivana.
2. Permit Required.A CUP shall be required for the establishment of recreational
marijuana establishments.The requirements of this section,for the establishment of a
marijuana use, may also be accomplished through'a planned development("PD")
rezoning process or PD major;amendment process.
3. Allowed Zoning Districts. Location of marijuana establishments shall be allowed in the
city's B-1 B-2, B-3 and<B-4 zoning districts.
4. Facility Security. Recreational marijuana establishments shall be located in a fully
enclosed locked facility,to include only a permanent building(walls and a roof) and
not in a cargo container, RV,trailer, or motor vehicle.
5. Applications. A CUP application for recreational marijuana establishments shall
include all the information required on the CUP application form and the following
supplemental information:
a) Signature and consent on the application form by the property owner of
record that he or she is aware the property will be used for a recreational
marijuana establishment.
b) A copy of the preliminary approval from the Arizona Department of Health
Services ("ADHS"), such as a registration certificate, for a marijuana
establishment, and a written assurance that all marijuana establishment
agents associated with the approved facility shall register with the Apache
Junction Police Department upon final approval to operate from ADHS, as
well as a copy of said final approval document.
5
c) Application and all applicable fees paid as required by Apache Junction City
Code,Volume I; Chapter 8, Business, and the Apache Junction City Tax Code
as amended.
d) A detailed site plan and floor plan for the facility prepared in accordance
with Section 1-16-9,'and narrative explaining the operation of the facility and
hours of operation.
6. Conditions of Approval.The conditions of approval which maybe considered by the
planning and zoning commission in evaluating these requests include the following:
a) Required Spacing Requirements:
i. A minimum of 1,320 feet between another medical marijuana use
(inclusive of dual licensee facilities) or recreational marijuana
establishment as measured from nearest building wall to nearest
building wall.
ii. A minimum of 750 feet between another medical marijuana use
(inclusive of dual licensee facilities) or recreational marijuana
establishment and any public or private education institution
(inclusive of public and private charter schools), library, public park,
commercial-zoned day care facility,free-standing church, drug
and/or alcohol rehabilitation center, or group home as measured
from nearest building wall of the business to the nearest building
wall of the protected use.
7. Operating Requirements:
a) Drive-through pickup windows shall not be allowed, but delivery service
shall be allowed as per state statute.
b) Outdoor seating areas at recreational establishments shall not be allowed.
c) A recreational marijuana facility shall submit a security plan containing the
following information:
i. Proof that any cultivation and storage of marijuana will take place in
an "enclosed, locked facility(with walls and a roof and not a
manufactured or factory built building or cargo container)"equipped
with locks or other security devices that permit access only by
persons authorized to enter pursuant to state and local law.
6
ii. A floor plan that details the security measures required by state law,
including an on-site alarm system,video surveillance devices and a
single secure entrance.
iii. Explanation,narrative, or protocols against marijuana diversion and
theft
iv. Provide and continuously update as needed a current list of all
persons who are authorized to access the establishment.
d) On-site consumption of marijuana establishment shall not be allowed.
e) The size of facility in terms of square footage, building height or other
factors shall be consistent with the character of existing or planned
surrounding development.
f) Signage that will be visible from the exterior of the facility may be approved
by the city if all sign code regulations have been met. The use of the
marijuana leaf symbol shall not be allowed on any exterior signage.
8. Other Conditions.The planning and zoning commission may deem it necessary to
apply other conditions to conserve and promote the public health, safety,
convenience and general welfare, including:
a) Compliance with all city-adopted zoning, landscaping,engineering, building,
design guidelines, overlay district and/or planned development district
requirements:
b) The commission shall reserve the right to revoke a CUP for noncompliance
with any condition prescribed as part of the permit approval or if the use is
demonstrated to be'a nuisance or hazard to the neighborhood or
community.
c) Hours of operation will be addressed through the CUP process.
d) Allowing and accommodating unannounced inspections by law enforcement
officials at anytime the facility is occupied and/or operating, emergency
contact information, alarm permit and other items for the reasonable,
transparent and safe operation of the facility.
9. The operation of a recreational marijuana testing facility is prohibited.
7
10. The commercial cultivation and processing of recreational marijuana as a standalone
use is prohibited.
11. Home Cultivation.
a) It shall be unlawful for any individual who is at least twenty-one (21)years of
age to possess,transport, cultivate or process more than six(6) marijuana
plants.
b) It shall be unlawful for two or more individuals who are at least twenty-one
(21)years of age to possess,transport, cultivate or process more than
twelve (12) marijuana plants at the individuals' primary residence.
c) Except as provided by A.R.S§36-2801 et al. and this Section,it shall be
unlawful for an individual to otherwise cultivate marijuana in a residential
zoning district within Apache Junction.
d) Individuals shall not process or manufacture marijuana by means of any
liquid or gas other than alcohol,that has a flashpoint below one hundred
(100) degrees Fahrenheit.
e) Kitchen, bathrooms, and primary bedroom(s) shall be used for their
intended use and shall not be used primarily for residential marijuana
processing, manufacturing,or cultivation.
f) A residence shall not emit dust, fumes,vapors,or odors into the
environment and individuals shall ensure that ventilation, air filtration,
building and design standards are compatible with adjacent uses and the
requirement of adopted building codes of Apache Junction.
g) Cultivation shall be limited to a closet, room,greenhouse, or other enclosed
area on the grounds of the residence equipped with a lock or other security
device that prevents access by minors.
h) Cultivation shall take place in an area where the marijuana plants are not
visible from public view without using binoculars, aircraft, or other optical
aids...._
i) Cultivation as part of a home based occupation is not allowed.
8
CITY OF APACHE JUNCTION MARIJUANA REGULATIONS (Version 1)
February 23, 2021
1-6-12 MEDICAL AND RECREATIONAL MARIJUANA
A. Permit Required. A CUP shall be required for the establishment of nonprofit medical marijuana
' -,;' ' dispensaries, cultivation facilities, and infusion facilities, and recreational
marijuana establishments.The requirements of this section, for the establishment of a
nonprofit medical and/or recreational marijuana use, may also be accomplished through a
planned development("PD") rezoning process or PD major amendment process.
B. Number of Medical Mariivana Facilities Allowed in City.The total number of nonprofit medical
marijuana dispensaries, cultivation facilities, and infusion facilities shall be as allowed by state
statute for the Apache Junction Community Health Analysis Area ("CHAA"). (See A.R.S. Title 36,
Chapter 28.1 Arizona Medical Marijuana Act,for definitions and statutes pertaining to medical
marijuana.)
C. Allowed Zoning Districts.
1) Location of nonprofit medical and/or recreational marijuana establishments
di&pe,n-,a4es shall be allowed in the city's B-1, B-2, B-4 and B-5 zoning districts subject to
a CUP or PD rezoning process.
2) Location of a cultivation facility and/or a stand-alone nonprofit medical marijuana
infusion facility which serves one or more nonprofit medical marijuana dispensaries
shall be limited to the city's B-5 zoning district.
3) An existing medical marijuana establishment fac4mty that has received a CUP _ & a4
u- _ e+rr ' approval from the city prior to the effective date of this ordinance, shall be
allowed to continue operating at the approved location, regardless of any newly defined
spacing requirements; and as long as said operation remains in strict accordance with
the conditions of approval of said facility, or as may otherwise be approved by a CUP
amendment or renewal.
4) An existing medical marijuana establishment that intends to become a dual licensee to
sell recreational marijuana shall present proof of dual licensee status to the city's
business license office; and
a) Is permitted by the State of Arizona to operate both a nonprofit medical marijuana
dispensary and a marijuana establishment at a shared'location; and
b) Has not terminated its status as a dual licensee with the Arizona Department of
Health Services ("ADHS") by forfeiting either its marijuana establishment License or
non-profit medical marijuana dispensary registration.
1
5) The operation of a recreational marijuana testing facility is prohibited.
6) The commercial cultivation and processing of recreational marijuana as'a standalone
use is prohibited.
D. Facility Security. Medical marijuana dispensaries, cultivation facilities, and infusion facilities, and
recreational marijuana establishments shall be located in a fully enclosed locked facility,
-to include only a permanent&ef,+,-e building (walls and'a roof)and not in a cargo container,
RV, trailer, or motor vehicle. If a green house is used as a cultivation facility, reasonable
measures shall be taken to obscure the visibility of the marijuana plants from outside the
building.
E. Applications. A CUP application for medical marijuana dispensaries, cultivation facilities or
infusion facilities, and recreational marijuana establishments shall include all the information
required on the CUP application form and the following supplemental information:
1. Signature and consent on the application form by the property owner of record that
he or she is aware the property will be used for medical marijuana dispensing,
cultivating or infusion, or recreational marijuana.
2. A copy of the preliminary approval from the ADHS S ep rtme f-
such as a registration certificate,for the nonprofit medical
marijuana dispensary, nonprofit medical marijuana dispensary off-site cultivation
facility, stand-alone nonprofit medical marijuana infusion facility, or dual licensee
and a written assurance that all R pry'. �marijuana dispensary agents
associated with the approved facility shall register with the Apache Junction Police
Department upon final approval to operate from ADHS, as well as a copy of said final
approval document.
3. Application and all applicable fees paid as required by Apache Junction City Code,
Volume I; Chapter 8, Business, and the Apache Junction City Tax Code as amended.
4. A detailed site plan and floor plan for the facility prepared in accordance with
Section 1-16-9, and narrative explaining the operation of the facility and hours of
operation.
F. Conditions of Approval.The conditions of approval which maybe considered by the planning
and zoning commission in evaluating these requests include the following:
1. Required Spacing Requirements:
a. A minimum of 1,320 feet between another medical marijuana dispensary,
cultivation facility or infusion facility, or recreational marijuana establishment as
measured from nearest building wall to nearest building wall.
2
b. A minimum of 750 feet between a medical marijuana dispensary, cultivation
facility, -infusion facility, or recreational marijuana establishment and any
public or private education institution (inclusive of public or private charter
schools), library, public park, commercial-zoned day care facility, free-standing
church,ef drug and/or alcohol rehabilitation center, or group home, as
measured from nearest building wall of the business to the nearest building wall
of the protected use.
2. Operating Requirements:
a. Drive-through pickup windows shall not be allowed. Delivery service shall be
allowed as per state statute.
b. Outdoor seating areas at medical marijuana dispensaries, cultivation facilities or
infusion facilities, or recreational medical establishment shall not be allowed.
c. A medical marijuana facility or recreational marijuana establishment shall
submit a security plan containing the following information:
i. Proof that any cultivation and storage of ff*4,_--a4 marijuana will take
place in an "enclosed locked facility (with walls and a roof and not a
manufactured or factory built building or cargo container)" equipped
with locks or other security devices that permit access only by persons
authorized to enter pursuant to state and local law.
ii. A floor plan that details the security measures required by state law,
including an on-site alarm system,video surveillance devices and a single
secure entrance.
iii. .. -a at fot—e -i s;` , Explanation, narrative, or protocols
against l marijuana diversion and theft.
iv. Provide and continuously update as needed a current list of all persons
who are authorized to access the establishment, dispensary, off-site
cultivation site or infusion facility.
d. On-site consumption of 4edk- marijuana and/or marijuana products at a
marijuana establishment, dispensary, cultivation facility or infusion facility shall
not be allowed.
x�,rc aro-, IIr o^nma r^cw^xI brA°• �a r•6e-au� �"x rx
if "" ., .. T'�i'We. !"w Y"Fl Yv9'roFAsy""S Y5&—Fib ti9' "hY"%.—A,d4. s"'b YYtY FYh. i""F'h4ASA""&P''"B`ddMA
3
wi
f. The size of facility in terms of square footage, building height or other factors
shall be consistent with the character of existing or planned surrounding
development.
g. Signage that will be visible from the exterior of the facility may be approved by
the city if all sign code regulations have been met. The use of the marijuana leaf
symbol shall not be allowed on any exterior signage.
3. Other Conditions.The planning and zoning commission may deem it necessary to
apply other conditions to conserve and promote the public health, safety,
convenience and general welfare, including:
a. Compliance with all city-adopted zoning, landscaping, engineering, building,
design guidelines, overlay district and/or planned development district
requirements.
b. The commission shall reserve the right to revoke a CUP for noncompliance with
any condition prescribed as part of the permit approval or if the use is
demonstrated to be a nuisance or hazard to the neighborhood or community.
c. Hours of operation will be addressed through the CUP process.
d. Allowing and accommodating unannounced'inspections by law enforcement
officials at any time the facility is occupied and/or operating, emergency contact
information, alarm permit and other items for the reasonable,transparent and
safe operation of the facility.
4. Medical Mariivana Patient Home Cultivation. In the event that a qualifying patient
residing in the city lives 25 miles or farther from a dispensary, said individual or his
or her designated caregiver may cultivate no more than 12 marijuana plants at the
place of primary residence (including a manufactured home or a recreational
vehicle) of the qualifying patient, with owner's permission, without need to apply
for a CUP. However, said individual or his or her designated caregiver shall apply the
same types of precautions as above for security, use, documentation and must
advise the chief of police of his or her intent to cultivate marijuana at home. At such
time as a dispensary is located within 25 miles from the qualifying patient's home,
all cultivation of marijuana plants in the home must cease or shall be considered a
zoning violation, among other possible local, state and federal law violations. Any
change in residence location shall be reported to the chief of police within 30 days.
5. Medical Marijuana Caregiver Home Cultivation. In the event that a designated
caregiver whose residence is in the city limits is cultivating marijuana for the
qualifying patient or patients in his or her care, and whose qualifying patient or
4
patients in his or her care live 25 miles or farther from a dispensary, said designated
caregiver may cultivate no more than 12 marijuana plants per patient at the place
of primary residency of the designated caregiver(including a manufactured home
or a recreational vehicle), with homeowner's permission, without need to apply for
a CUP. However, said designated caregiver shall apply the same types of
precautions as above for security, use, documentation and must advise the chief of
police of his or her intent to cultivate marijuana at home for the benefit of his or
her qualifying patient or patients. At such time as a dispensary is located within 25
miles from the designated caregiver's home, all cultivation of marijuana plants in
the home must cease or shall be considered a zoning violation, among other
possible local, state and federal law violations. Any change in residence location
shall be reported to the chief of police within 30 days
6. Recreational Marijuana Home Cultivation.
a. It shall be unlawful for any individual who is at least twenty-one (21)years of
age to possess,transport, cultivate or process more than six(6) marijuana
plants.
b. It shall be unlawful for two or more individuals who are at least twenty-one (21)
years of age to possess,transport, cultivate or process more than twelve (12)
marijuana plants at the individuals' primary residence.
c.` Except as provided by A.R.S§ 36-2801 et aL and this Section, it shall be unlawful
for an individual to otherwise cultivate marijuana in a residential zoning district
within Apache Junction.
d. Individuals shall not process or manufacture marijuana by means of any liquid or
gas other than alcohol,that has a flashpoint below one hundred (100);degrees
Fahrenheit.
e.` Kitchen, bathrooms, and primary bedroom(s) shall be used for their intended
use and shall not be used primarily for residential marijuana processing,
manufacturing, or cultivation.
f. A residence shall not emit dust, fumes,vapors, or odors into the environment
and individuals shall ensure that ventilation, air filtration, building and design
standards are compatible with adjacent uses and the requirement of adopted
building codes of Apache Junction.
g. Cultivation shall be limited to a closet, room,greenhouse, or other enclosed area
on the grounds of the residence equipped with a lock or other security device
that prevents access by minors.
h. Cultivation'shall take place in an area where the marijuana plants are not visible
from public view without using binoculars, aircraft, or other optical aids.
5
i. Cultivation as part of a home based occupation is not allowed'.
6
March 17,2021
The Apache Junction City Code,Volume 11, Land Development Code, Chapter 1:Zoning Ordinance, shall
be amended as follows:
Section 1-5-3 Non-Residential Use Regulations,Table 5-3 Non-Residential Use Regulations, shall be
amended with the addition of"Recreational Marijuana Establishments" under use category"Retail
Trade":
Use Category Specific Use Type' B-1 B-2 B-3 B-44 B-54 PI
Gen. Old City Bus Ind. Pub/Inst.
West Cen. Park
Retail Trade Medical Marijuana CUP CUP CUP CUP CUP NO
(NAICS Code Facilities
44-45)
Recreational CUP CUP CUP CUP NO NO
Marijuana
Establishments
Swap Meets and CUP CUP CUP CUP NO CUP
Farmers Markets
ARTICLE 1-17 DEFINISIONS, shall be amended with the addition of the following:
Recreational Marijuana Uses:
a. Chemical Extraction.The process of removing a particular component of a mixture from others
present, including removing resinous tetrahydrocannabinol from marijuana.
b. Chemical Synthesis. Production of a new particular molecule by adding to,subtracting from, or
changing the structure of a precursor molecule.
c. City.The City of Apache Junction.
d. Consume,Consuming,and Consumption.The act of ingesting, inhaling or otherwise introducing
marijuana into the human body, including the inhaling or exhaling of smoke or vapor from an
electronic device that can be used to deliver marijuana or marijuana products to a person,
including, but not limited to, an electronic or vaping cigarette, equipment, or pipe.
e. Consumer.An individual who is at least twenty-one years of age and who purchases marijuana
or marijuana products.
f. Cultivate and Cultivation.To propagate, breed,grow, prepare and package marijuana.
g. Deliver and Delivery.The transportation,transfer or provision of marijuana or marijuana
products to a consumer at a location other than the designated retail location of a marijuana
establishment.
h. Department.The State of Arizona Department of Health Services or its successor agency.
i. Dual Licensee.An entity that holds both a nonprofit medical marijuana dispensary registration
and a marijuana establishment license.
j. Enclosed Area. A building,greenhouse, or other structure that has:
i. A complete roof enclosure supported by connecting walls that are constructed of solid
material extending from the ground to the roof;
ii. Is secure against unauthorized entry;
iii. Has a foundation, slab or equivalent base to which the floor is securely attached; and
iv. Meets performance standards ensuring that cultivation and processing activities cannot
be and are not perceptible from the structure in terms of not being visible from public
view without using binoculars, aircraft or other optical aids and is equipped with a lock
or other security device that prevents access by minors
k. Extraction.The process of extracting or separating resin from marijuana to produce or process
any form of marijuana concentrates using water, lipids,gases, solvents, or other chemicals or
chemical processes.
I. Manufacture and Manufacturing.To compound, blend, extract, infuse or otherwise make or
prepare a marijuana product.
m. Marijuana.All parts of the plant of the genus cannabis,whether growing or not, as well as the
seeds from the plant,the resin extracted from any part of the plant, and every compound,
manufacture, salt, derivative, mixture or preparation of the plant or its seeds or resin; and
includes cannabis as defined in A.R.S. § 13-3401; but does not include industrial hemp,the fiber
produced from the stalks of the plant of the genus cannabis, oil or cake made from the seeds of
the plant, sterilized seeds of the plant that are incapable of germination, or the weight of any
other ingredient combined with marijuana to prepare topical or oral administrations,food, drink
or other products.
n. Marijuana Concentrate:
i. Resin extracted from any part of a plant of the genus cannabis and every compound,
manufacture, salt, derivative, mixture or preparation of that resin or
tetrahydrocannabinol.
ii. Does not include industrial hemp or the weight of any other ingredient combined with
cannabis to prepare topical or oral administrations,food, drink or other products.
o. Marijuana Establishment.An entity licensed by the Department to operate a single retail
location at which the licensee may sell marijuana and marijuana products to consumers,
cultivate marijuana and manufacture marijuana products.
p. Marijuana Products. Marijuana concentrate and products that are composed of marijuana and
other ingredients and that are intended for use or consumption, including edible products,
ointments, and tinctures.
q. Marijuana Testing Facility.The Department or another entity that is licensed by the Department
to analyze the potency of marijuana and test marijuana for harmful contaminants.
r. Nonprofit Medical Marijuana Dispensary.A nonprofit entity as defined in A.R.S. §36-2801(12).
s. Open Space.A public park, public sidewalk, public walkway or public pedestrian thoroughfare.
t. Person. An individual, partnership, corporation, association, or any other entity of whatever
kind or nature.
u. Process and Processing.To harvest, dry, cure,trim or separate parts of the marijuana plant.
v. Public Place.The same meaning prescribed in the Smoke-Free-Arizona Act,A.R.S. § 36-601.01.
w. Smoke.To inhale, exhale, burn, carry or possess any lighted marijuana or lighted marijuana
products, whether natural or synthetic
City of Apache Junction, Arizona 300 E Superstition
Boulevard
Agenda Item Cover Sheet Apache Junction,AZ
85119
Agenda Item No. 11.
File ID: 21-152
Sponsor: Larry Kirch and Kelsey Schattnik Agenda Date:4/6/2021
Index: In Control: City Council Meeting
Presentation, discussion, public hearing and consideration of proposed Resolution No. 21-15, 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 "2021 Amendments to
the Apache Junction City Code, Volume II, Land Development Code, Chapter 1: Zoning
Ordinance, Article 1-5: Zoning Bulk and Use Regulation, § 1-5-3 Non-Residential Use
Regulations, Table 5-3 Non-Residential Use Regulations, and Article 1-17, § 1-17-1
Definitions"; repealing any confliction provisions, and providing for severability.
City of Apache Junction,Arizona Page 1 Printed on 313112021
City ofApache Junction
Development ServicesDepartment =�� � 4
Date : March 29, 2021
To: Honorable Mayor and City Council Members
Through: Bryant Powell, City Manager
Larry Kirch, Development Services Director
Rudy Esquivias, Planning Manager/Zoning Administrator
From: Kelsey Schattnik, Planner
Subject: April 5, 2021 City Council Work Session, and April 6,
2021, City Council Public Hearing Items .
AM-1-20 (Resolution No. 21-13, Ordinance No. 1502,
Resolution No. 21-15 and Ordinance No. 1504)
Presentation, discussion and consideration on proposed
Text Amendment to the Apache Junction City Code,
Volume II, Land Development Code, Chapter 1 : Zoning
Ordinance, Article 1-6 : Supplemental Regulations,
Section 1-6-12, Medical Marijuana; Article 1-5 Zoning
Bulk and Use Regulations, Section 1-5-3 Non-
Residential Use Regulations; and Article 1-17, Section
1-17-1 Definitions .
Background
On November 3, 2020, the voters of Arizona passed the "Smart and
Safe Arizona Act", a citizen initiative........relating to the
responsible adult use, regulation and taxation of marijuana",
(also referred to as the "recreational marijuana act") .
On December 1, 2020, staff was directed by city council to amend
the current medical marijuana regulations to include
recreational marijuana.
In response to the direction to staff, staff drafted two draft
version of the text amendment changes .
On February 23, 2021, staff held a work session with the
planning and zoning commission to review the two draft text
changes .
Staff was given direction to focus on Version 2, which allows
Recreational Marijuana in the B-1, B-2, and B-3 zoning districts
and regulates Recreational Marijuana in the same manner as
Medical Marijuana.
Planning and Zoning Commission Recommendation
A planning and zoning commission public hearing was held on March
23, 2021 (planning staff report and exhibits attached) .
The commission unanimously recommended approval of the text
amendment dated March 17, 2021 in a vote of 7-0 . The attached
ordinance represents staff' s and the commission' s recommendation.
Council is advised that four (4) separate items are needed to
effect the commission' s changes :
l . Resolution No. 21-13 and 21-15 declare the proposed language
a public record
2 . Ordinance No. 1502 adopts the specific changes to Section 1-
6-12 Medical and Recreational Marijuana
3 . Ordinance No . 1504 adopts incidental changes to the
"commercial uses" and the definitions section of the zoning
ordinance in order to effect the new language adopted by
Ordinance No. 1502 .
Attachments:
- Ordinance No. 1502 (DRAFT)
- Resolution No. 21-13 (DRAFT)
- Ordinance No. 1504 (DRAFT)
- Resolution No. 21-15 (DRAFT)
- Revised Medical marijuana Ordinance (Markedup Version 2) (3.17.2021)
- Table 5-3 Non-Residential Use Regulations and 1-17-1 Definitions
- PZ Staff Report from March 23, 2021, with all attachments.
RESOLUTION NO. 21-15
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 "2021 AMENDMENTS TO THE APACHE JUNCTION
CITY CODE, VOLUME II, LAND DEVELOPMENT CODE, CHAPTER
1 : ZONING ORDINANCE, ARTICLE 1-5 : ZONING BULK AND USE
REGULATIONS, § 1-5-3 NON-RESIDENTIAL USE REGULATIONS,
TABLE 5-3 NON-RESIDENTIAL USE REGULATIONS, AND ARTICLE
1-17, § 1-17-1 DEFINITIONS"; REPEALING ANY CONFLICTING
PROVISIONS, AND PROVIDING FOR SEVERABILITY.
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 three paper copies, or
one paper copy filed with the city clerk and one electronic copy
is accessible on the city' s website and both are available for
public use and inspection; and
WHEREAS, pursuant to A.R. S . §§ 9-801 (1) and 9-802, such
codes include recreational marijuana zoning regulations; and
WHEREAS, a work session on February 23, 2021 and public
hearing on March 23, 2021 were held with the planning and zoning
commission to discuss the proposed amendments; and
WHEREAS, 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 :
SECTION I IN GENERAL
That certain document entitled "2021 Amendments to the Apache
Junction City Code, Volume II, Land Development Code, Chapter 1 :
Zoning Ordinance, Article 1-5 Zoning Bulk and Use Regulations, §
1-5-3 Non-Residential Use Regulations, Table 5-3 Non-Residential
Use Regulations, and Article 1-17, § 1-17-1 Definitions", at
least three paper copies, or one paper copy and one electronic
RESOLUTION NO. 21-15
PAGE 1 OF 3
copy, of which are accessible on the city' S website
(www. apa c he j unc tj onaz gov) ,, and filed in the office of the city
clerk of the city of Apache Junction, Arizona, is hereby
declared to be a public record,, shall be made available for
public use and inspection and said copies are ordered to remain
on file with the city clerk.
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 f 2021 .
SIGNED AND ATTESTED TO THIS DAY OF f 2021 .
WALTER "CHIP" WILSON
Mayor
ATTEST:
JENNIFER PENA
City Clerk
RESOLUTION NO. 21-15
PAGE 2 OF 3
APPROVED AS TO FORM:
RICHARD J. STERN
City Attorney
RESOLUTION NO. 21-15
PAGE 3 OF 3
ORDINANCE NO. 1504
AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY
OF APACHE JUNCTION, ARIZONA, AMENDING THE APACHE
JUNCTION CITY CODE, VOLUME II, LAND DEVELOPMENT, CHAPTER
1 : ZONING ORDINANCE, BY ADDING A NEW RECREATIONAL
MARIJUANA USE CATEGORY TO CERTAIN ZONING DISTRICTS AND
NEW RECREATIONAL MARIJUANA USE DEFINITIONS AND ADOPTING
BY REFERENCE THAT CERTAIN DOCUMENT ENTITLED "2021
AMENDMENTS TO APACHE JUNCTION CITY CODE, VOLUME II, LAND
DEVELOPMENT CODE, CHAPTER 1 : ZONING ORDINANCE, ARTICLE
1-5 ZONING BULK AND USE REGULATIONS, § 1-5-3, NON-
RESIDENTIAL USE REGULATIONS, TABLE 5-3 NON-RESIDENTIAL
USE REGULATIONS, AND ARTICLE 1-17, § 1-17-1
DEFINITIONS"; REPEALING ANY CONFLICTING PROVISIONS;
PROVIDING FOR SEVERABILITY; AND PROVIDING FOR PENALTIES .
WHEREAS, on December 4, 2020, the city council gave direction
to staff to process amendments to the zoning ordinance through the
planning and zoning commission, to accommodate recreational
marijuana uses in the city, pursuant to the approval of
Proposition 207, the Smart and Safe Act, by the voters of Arizona
in the November 2020 general election; and
WHEREAS, necessary amendments to the zoning ordinance include
amendments to § 1-5-3 Non-Residential Use Regulations, Table 5-3
Non-Residential Use Regulations and § 1-17-1 Definitions; and
WHEREAS, the planning and zoning commission held a work
session to review and discuss the proposed amendments on February
23, 2021; and
WHEREAS, on March 23, 2021, the planning and zoning
commission voted 7 to 0 to recommended such amendments to the city
council; and
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL
OF THE CITY OF APACHE JUNCTION, ARIZONA, AS FOLLOWS :
SECTION I IN GENERAL
1 . That existing Apache Junction City Code, Volume II, Land
Development Code, Chapter 1 : Zoning Ordinance, Article 1-5
Zoning Bulk and Use Regulations, § 1-5-3 Non-Residential Use
Regulations, Table 5-3 Non-Residential Use Regulations are
amended as referenced in #2 below, in addition to Article 1-
17 Definitions, § 1-17-1 Definitions of the same code, also
referenced in #2 below.
ORDINANCE NO. 1504
1 OF 3
2 . That certain document known as "2021 Amendments to the
Apache Junction City Code, Volume II, Land Development Code,
Chapter 1 : Zoning Ordinance, Article 1-5 Zoning Bulk and Use
Regulations, § 1-5-3 Non-Residential Use Regulations, Table
5-3, Non-Residential Use Regulations, and Article 1-17, § 1-
17-1 Definitions", at least three paper copies, or one paper
copy and one electronic copy which are accessible on the
city' s website and filed in the office of the city clerk,
which document was made a public record by Resolution No.
21-15 of the City of Apache Junction, Arizona, 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 1, Chapter 1 : GENERAL,
Article 1-8 : PENALTY.
APPROVED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
APACHE JUNCTION THIS DAY OF , 2021 .
SIGNED AND ATTESTED TO THIS DAY OF , 2021 .
WALTER "CHIP" WILSON
Mayor
ORDINANCE NO. 1504
2 OF 3
ATTEST:
JENNIFER PENA
City Clerk
APPROVED AS TO FORM:
RICHARD J. STERN
City Attorney
ORDINANCE NO. 1504
3 OF 3
"2021 Amendments to the Apache Junction City Code, Volume II,
Land Development Code, Chapter 1 : Zoning Ordinance, Article 1-5
Zoning Bulk and Use Regulations, § 1-5-3 Non-Residential Use
Regulations, Table 5-3 Non-Residential Use Regulations, and
Article 1-17, § 1-17-1 Definitions . "
1 . Existing Apache Junction City Code, Volume II, Land
Development Code, Chapter 1 : Zoning Ordinance, Article 1-5
Zoning Bulk and Use Regulations, § 1-5-3 Non-Residential
Use Regulations, Table 5-3 Non-Residential Use Regulations,
is hereby amended to include the following:
Use Specific B-1 B-2 B-3 B-44 B-54 PI
Category Use Type' Gen. Old City Bus Ind. Pub/
West Cen. Park Inst
Retail Medical CUP CUP CUP CUP CUP NO
Trade Marijuana
(NAILS Code Facilities
44-45)
Recreational CUP CUP CUP CUP NO NO
Marijuana
Establishmen
is
Swap Meets CUP CUP CUP CUP NO CUP
and Farmers
Markets
2 Existing Apache Junction City Code, Volume II, Land
Development Code, Chapter 1 : Zoning Ordinance, Article 1-
17, § 1-17-1 Definitions, is hereby amended to include the
following definitions :
Recreational Marijuana Uses :
a. Chemical Extraction. The process of removing a particular
component of a mixture from others present, including
removing resinous tetrahydrocannabinol from marijuana.
b Chemical Synthesis . Production of a new particular molecule
by adding to, subtracting from, or changing the structure of
a precursor molecule .
1
c. City. The City of Apache Junction.
d. Consume, Consuming,, and Consumption. The act of ingesting,;
inhaling or otherwise introducing marijuana into the human
body, including the inhaling or `exhaling' of smoke or vapor
from an electronic device that can be used to deliver
marijuana or marijuana products to a person, including, but
not limited to, an electronic or vaping cigarette,
equipment, or pipe
e . Consumer. An individual; who is at least twenty-one years of
age and who purchases marijuana or marijuana ;products .
f. Cultivate and Cultivation. To propagate, breed, grow,
prepare and package marijuana.
g. Deliver and Delivery. The transportation, transfer or
provision of marijuana or marijuana products to a consumer
at a location other than the designated retail location of a
marijuana establishment.
h. Department. The State of Arizona Department of Health
Services or its successor agency.
i . Dual Licensee . An entity that holds both a nonprofit medical
marijuana dispensary registration and a marijuana
establishment license.'
j . Enclosed Area. A building, greenhouse, or other structure
that has
i A complete roof enclosure supported by connecting walls
that are constructed of solid material extending from
the ground to the roof;
ii Is secure against unauthorized entry;
iii . Has a `sfoundation, slab or equivalent base to which the
floor is securely attached;; and
2
iv. Meets performance standards ensuring that cultivation
and processing activities cannot be and are not
perceptible from the structure in terms of not being
visible from public view without using binoculars,'
aircraft or other optical aids and is equipped with a
lock or other security ;,device that prevents access by
minors'
k. Extraction. The process of extracting or separating resin
from marijuana to produce or process any form of marijuana
concentrates using water, lipids, gases, solvents, or other
chemicals or chemical processes .;
1 . Manufacture and Manufacturing. To compound, blend, extract,i
infuse or otherwise make or prepare a marijuana product.'
m. Marijuana. All parts of the plant of the genus cannabis,
whether growing or not, as well as the seeds from the plant,
the resin extracted from any part of the; plant, and every
compound, manufacture, salt, derivative, mixture or
preparation of the plant or its seeds or resin; and includes
cannabis as defined in A.R. S . § `13-3401; ' but does' not
include industrial hemp, the fiber produced from the stalks
of the plant of the; genus cannabis, oil or cake made from
the seeds of the plant, sterilized seeds of the plant that
are incapable of germination, or the weight of any other
ingredient combined with marijuana to prepare topical or
oral administrations, food, drink or other products .
n. Marijuana Concentrate:
is Resin extracted from any part of a plant of the genus
cannabis and every compound, manufacture, salt,
derivative, mixture or preparation of that resin or
tetrahydrocannabinol
ii . Does not include industrial hemp or' the `weight of any
other ' ingredient combined with cannabis to prepare
topical or oral administrations, food, drink or other
products .,
3
o. Marijuana Establishment. An entity licensed by the
Department to operate a single retail location at which the
licensee may sell marijuana and marijuana products to
consumers, cultivate marijuana and manufacture marijuana
products
p. Marijuana Products . Marijuana concentrate and product's that
are composed of marijuana and other ingredients and that are
intended for use or consumption,' including edible products,
ointments, and ;tinctures
q. Marijuana Testing Facility. The Department or another entity
that is licensed by the Department to analyze the potency; of
marijuana and test marijuana for harmful contaminants`.
r. Nonprofit Medical Marijuana Dispensary. A nonprofit entity
as defined in A.R. S. § 36-2801 {12} .
s . Open Space . A public park, public sidewalk, public walkway
or public pedestrian thoroughfare .'
t. Person. An individual, partnership, corporation,
association, or any other entity of whatever kind or nature.
u. Process and Processing. : To harvest, dry, ; cure, trim or
separate parts of the marijuana plant .
v. Publics Place. The same meaning prescribed in the Smoke-Free-
Arizona Act, A.R. S . § 36-601 . 01
w. Smoke . ; To inhale, exhale, burn, icarry or possess any lighted
marijuana or lighted marijuana products, whether natural or
synthetic
4
City ofApache Junction
Development Services Department
PLANNING AND ZONING COMMISSION
PUBLIC HEARING STAFF REPORT
DATE: March 23, 2021
CASE NUMBER: AM-1-20
REQUEST: Presentation, discussion and consideration
on proposed Text Amendment to the Apache
Junction City Code, Volume II, Land
Development Code, Chapter 1 : Zoning
Ordinance, Article 1-6 : Supplemental
Regulations, Section 1-6-12, Medical
Marijuana; Section 1-5-3 Non-Residential
Use Regulations; and Article 1-17 :
Definitions .
BACKGROUND
On November 3, 2020, as part of the general election, the voters
of Arizona passed the "Smart and Safe Arizona Act", a citizen
initiative......" relating to the responsible adult use, regulation
and taxation of marijuana", also referred to as recreational
marijuana.
On December 1, 2020, the City Council directed Planning Staff to
amend the Zoning Text that addresses the medical marijuna
criteria to include recreational marijuana, as follows :
"Councilmember Rizzi moved, seconded by Mayor Serdy to direct
staff to allow existing dispensaries to become dual licensees :
require CUP amendment process, operate under the same rules as
existing dispensaries, allow recreational marijuana sales too,
but no cultivation or processing, allow medical marijuana to
convert to recreational marijuana through CUP amendment, the
code to still allow for medical marijuana cultivation and
infusion kitchens . Councilmember Evans motioned to add on to
Councilmember Rizzi ' s motion that marijuana be treated like
retail and liquor stores in the B-1, B-2 and B-3 zones . "
At a work session on February 23, 2021, the Planning and Zoning
Commission was presented with two text change options regarding
"Medical Marijuana Text Amendments"Case AM-1-20
March 23,2021 Planning and Zoning Commission Staff Report
the integration of recreational marijuana into the existing
medical marijuana regulations .
Version 1 allowed dual licensee facilities with the city, but
did not allow new standalone recreational marijuana
establishments or recreational marijuana testing facilities .
Version 2 allowed standalone recreational marijuana
establishments in the B-1, B-2 and B-3 zoning district, did not
allow recreational marijuana testing facilities, and imposed the
same regulations as existing medical marijuana dispensaries .
The Planning and Zoning Commission recommended that staff move
forward with Version 2, provided that recreational marijuana
establishments were treated the same as existing medical
marijuana dispensaries, including the spacing requirements .
PROPOSAL
The draft amendments are being presented to the planning and
zoning commission for their recommendation to the city council .
The proposed text amendment is case AM-1-20, a request to amend
the medical marijuana regulations to include recreational
marijuana.
Revised Section 1-6-12 Medical and Recreational Marijuana:
- Medical Marijuana Criteria:
o All regulations for medical marijuana facilities are
to remain the same . Minor text changes have been made
for clarification.
o The addition of regulations surrounding dual licensees
has been added to the medical marijuana regulations .
- Recreational Marijuana Criteria:
o Recreational marijuana establishments will be treated
in the same manner as medical marijuana facilities .
o Regulations include the home cultivation of
recreational marijuana for individuals 21 years of age
or older.
Section 1-5-2 Non-Residential Use Regulations
- Table 1-5-2 will be revised to include provisions regarding
recreational marijuana.
"Medical Marijuana Text Amendments"Case AM-1-20
March 23,2021 Planning and Zoning Commission Staff Report
Article 1-17 : Definitions
- Definitions within this article will be revised to reflect
the words and phrases that are described in the newly
amended medical and recreational marijuana regulations .
PLANNING DIVISION RECOMMENDATION
Planning staff recommends approval of the proposed text
amendment and offers the following recommended motion to update
the Apache Junction City Code, Volume II, Land Development Code,
Chapter 1 : Zoning Ordinance, Article 1-6 : Supplemental
Regulations, Section 1-6-12, Medical Marijuana, Section 1-5-3
Non-Residential Use Regulations, and Article 1-17 : Definitions
to include regulations regarding recreational marijuana.
RECOMMENDED MOTION
I move that the Planning and Zoning Commission recommend to the
Apache Junction City Council the (APPROVAL/DENIAL) of text
amendment case AM-1-20, an amendment to the Apache Junction City
Code, Volume II, Land Development Code, Chapter 1 : Zoning
Ordinance, Article 1-6 : Supplemental Regulations, Section 1-6-
12, Medical Marijuana; Section 1-5-3 Non-Residential Use
Regulations; and Article 1-17 : Definitions described in the
attached text exhibits dated March 17, 2021 .
Prepared by Kelsey Schattnik
Planner
Attachments:
Exhibit #1 - Revised Medical Marijuana Ordinance ("Clean"
Version 2)_(March 17, 2021)
Exhibit #2 - Revised Medical Marijuana Ordinance ("Marked-up"
Version 2)_(March 17, 2021)
Exhibit #3 - Revised Section 1-5-3 Non-Residential Use Regulations and
Article 1-17 Definitions (March 17, 2021)
Exhibit #4 - Revised Medical Marijuana Ordinance (Version 1)_
(Presented to Planning and Zoning Commission on February 23, 2021)
"Medical Marijuana Text Amendments"Case AM-1-20
March 23,2021 Planning and Zoning Commission Staff Report
CITY OF APACHE JUNCTION MARIJUANA REGULATIONS (Version 2)
March 17, 2021
1-6-12 MEDICAL AND RECREATIONAL MARIJUANA
A. Medical Marijuana:
1. Permit Required. A CUP shall be required for the establishment of nonprofit medical
marijuana facilities, including dispensaries, cultivation facilities, and infusion
facilities. The requirements of this section,for the establishment of a nonprofit
medical marijuana use, may also be accomplished through a planned development
("PD") rezoning process or PD major amendment process.
2. Number of Facilities Allowed in City.The total number of nonprofit medical
marijuana dispensaries, cultivation facilities, and infusion facilities shall be as
allowed by state statute for the Apache Junction Community Health Analysis Area
("CHAA"). (See A.R.S.Title 36, Chapter 28.1 Arizona Medical Mariivana Act, for
definitions and statutes pertaining to medical marijuana.)
3. Allowed Zoning Districts.
a) Location of nonprofit medical marijuana dispensaries shall be allowed in the
city's B-1, B-2, B-4 and B-5 zoning districts.
b) Location of a cultivation facility and/or a stand-alone nonprofit medical
marijuana infusion facility which serves one or more nonprofit medical
marijuana dispensaries shall be limited to the city's B-5 zoning district.
c) An existing medical marijuana facility that has received CUP approval from
the city prior to the effective date of this ordinance, shall be allowed to
continue operating at the approved location, regardless of any newly
defined spacing requirements; and as long as said operation remains in strict
accordance with the conditions of approval of said facility, or as may
otherwise be approved by a CUP amendment or renewal.
4. An existing medical marijuana establishment that intends to become a dual licensee
to sell recreational marijuana shall present proof of dual licensee status to the city's
business license office; and
a) Is permitted by the State of Arizona to operate both a nonprofit medical
marijuana dispensary and a marijuana establishment at a shared location;
and
1
b) Has not terminated its status as a dual licensee with the Arizona Department
of Health Services ("ADHS") by forfeiting either its marijuana establishment
license or non-profit medical marijuana dispensary registration.
5. Facility Security. Medical marijuana dispensaries, cultivation facilities, and infusion
facilities shall be located in a fully enclosed locked facility, to include only a
permanent building (walls and a roof) and not in a cargo container, RV,trailer, or
motor vehicle. If a green house is used as a cultivation facility, reasonable measures
shall be taken to obscure the visibility of the marijuana plants from outside the
building.
6. Applications. A CUP application for medical marijuana dispensaries, cultivation
facilities or infusion facilities shall include all the information required on the CUP
application form and the following supplemental information:
a) Signature and consent on the application form by the property owner of
record that he or she is aware the property will be used for medical
marijuana dispensing, cultivating or infusion.
b) A copy of the preliminary approval from the ADHS, such as a registration
certificate,for the nonprofit medical marijuana dispensary, nonprofit
medical marijuana dispensary off-site cultivation facility or stand-alone
nonprofit medical marijuana infusion facility, or dual licensee and a written
assurance that all nonprofit medical marijuana dispensary agents associated
with the approved facility shall register with the Apache Junction Police
Department upon final approval to operate from ADHS, as well as a copy of
said final approval document.
c) Application and all applicable fees paid as required by Apache Junction City
Code,Volume I; Chapter 8, Business, and the Apache Junction City Tax Code
as amended.
d) A detailed site plan and floor plan for the facility prepared in accordance
with Section 1-16-9, and narrative explaining the operation of the facility and
hours of operation.
7. Conditions of Approval.The conditions of approval which maybe considered by the
planning and zoning commission in evaluating these requests include the following:
a) Required Spacing Requirements:
i. A minimum of 1,320 feet between another dispensary, cultivation
facility or infusion facility, as measured from nearest building wall to
nearest building wall.
2
ii. A minimum of 750 feet between a dispensary, cultivation facility or
infusion facility and any public or private education institution
(inclusive of public or private charter schools), library, public park,
commercial-zoned day care facility,free-standing church, drug
and/or alcohol rehabilitation center, or group home, as measured
from nearest building wall of the business to the nearest building
wall of the protected use.
8. Operating Requirements:
a) Drive-through pickup windows shall not be allowed. Delivery service shall be
allowed as per state statute.
b) Outdoor seating areas at dispensaries, cultivation facilities or infusion
facilities shall not be allowed.
c) A medical marijuana facility shall submit a security plan containing the
following information:
i. Proof that any cultivation and storage of medical marijuana will take
place in an "enclosed locked facility (with walls and a roof and not a
manufactured or factory built building or cargo container)" equipped
with locks or other security devices that permit access only by
persons authorized to enter pursuant to state and local law.
ii. A floor plan that details the security measures required by state law,
including an on-site alarm system,video surveillance devices and a
single secure entrance.
iii. Explanation, narrative, or protocols against medical marijuana
diversion and theft.
iv. Provide and continuously update as needed a current list of all
persons who are authorized to access the dispensary, off-site
cultivation site or infusion facility.
d) On-site consumption of medical marijuana at a dispensary, cultivation
facility or infusion facility shall not be allowed.
e) The size of facility in terms of square footage, building height or other
factors shall be consistent with the character of existing or planned
surrounding development.
f) Signage that will be visible from the exterior of the facility may be approved
by the city if all sign code regulations have been met. The use of the
marijuana leaf symbol shall not be allowed on any exterior signage.
3
9. Other Conditions. The planning and zoning commission may deem it necessary to
apply other conditions to conserve and promote the public health, safety,
convenience and general welfare, including:
a) Compliance with all city-adopted zoning, landscaping, engineering, building,
design guidelines, overlay district and/or planned development district
requirements.
b) The commission shall reserve the right to revoke a CUP for noncompliance
with any condition prescribed as part of the permit approval or if the use is
demonstrated to be a nuisance or hazard to the neighborhood or
community.
c) Hours of operation will be addressed through the CUP process.
d) Allowing and accommodating unannounced inspections by law enforcement
officials at anytime the facility is occupied and/or operating, emergency
contact information, alarm permit and other items for the reasonable,
transparent and safe operation of the facility.
3. Medical Mariivana Patient Home Cultivation. In the event that a qualifying patient
residing in the city lives 25 miles or farther from a dispensary, said individual or his
or her designated caregiver may cultivate no more than 12 marijuana plants at the
place of primary residence (including a manufactured home or a recreational
vehicle) of the qualifying patient, with owner's permission, without need to apply
for a CUP. However, said individual or his or her designated caregiver shall apply the
same types of precautions as above for security, use, documentation and must
advise the chief of police of his or her intent to cultivate marijuana at home. At such
time as a dispensary is located within 25 miles from the qualifying patient's home,
all cultivation of marijuana plants in the home must cease or shall be considered a
zoning violation, among other possible local, state and federal law violations. Any
change in residence location shall be reported to the chief of police within 30 days.
4. Medical Mariivana Caregiver Home Cultivation. In the event that a designated
caregiver whose residence is in the city limits is cultivating marijuana for the
qualifying patient or patients in his or her care, and whose qualifying patient or
patients in his or her care live 25 miles or farther from a dispensary, said designated
caregiver may cultivate no more than 12 marijuana plants per patient at the place of
primary residency of the designated caregiver (including a manufactured home or a
recreational vehicle), with homeowner's permission, without need to apply for a
CUP. However, said designated caregiver shall apply the same types of precautions
as above for security, use, documentation and must advise the chief of police of his
or her intent to cultivate marijuana at home for the benefit of his or her qualifying
patient or patients.At such time as a dispensary is located within 25 miles from the
4
designated caregiver's home, all cultivation of marijuana plants in the home must
cease or shall be considered a zoning violation, among other possible local, state
and federal law violations. Any change in residence location shall be reported to the
chief of police within 30 days.
B. Recreational Marijuana
1. All provisions in this section are pursuant to A.R.S.Title 36, Chapter 28.2 Responsible
Adult Use of Mariivana.
2. Permit Required.A CUP shall be required for the establishment of recreational
marijuana establishments.The requirements of this section,for the establishment of a
marijuana use, may also be accomplished through a planned development("PD")
rezoning process or PD major amendment process.
3. Allowed Zoning Districts. Location of marijuana establishments shall be allowed in the
city's B-1, B-2, B-3 and B-4 zoning districts.
4. Facility Security. Recreational marijuana establishments shall be located in a fully
enclosed locked facility, to include only a permanent building (walls and a roof) and
not in a cargo container, RV,trailer, or motor vehicle.
5. Applications. A CUP application for recreational marijuana establishments shall
include all the information required on the CUP application form and the following
supplemental information:
a) Signature and consent on the application form by the property owner of
record that he or she is aware the property will be used for a recreational
marijuana establishment.
b) A copy of the preliminary approval from the Arizona Department of Health
Services ("ADHS"), such as a registration certificate, for a marijuana
establishment, and a written assurance that all marijuana establishment
agents associated with the approved facility shall register with the Apache
Junction Police Department upon final approval to operate from ADHS, as
well as a copy of said final approval document.
c) Application and all applicable fees paid as required by Apache Junction City
Code,Volume 1; Chapter 8, Business, and the Apache Junction City Tax Code
as amended.
d) A detailed site plan and floor plan for the facility prepared in accordance
with Section 1-16-9, and narrative explaining the operation of the facility and
hours of operation.
5
6. Conditions of Approval.The conditions of approval which may be considered by the
planning and zoning commission in evaluating these requests include the following:
a) Required Spacing Requirements:
i. A minimum of 1,320 feet between another medical marijuana use
(inclusive of dual licensee facilities) or recreational marijuana
establishment as measured from nearest building wall to nearest
building wall.
ii. A minimum of 750 feet between another medical marijuana use
(inclusive of dual licensee facilities) or recreational marijuana
establishment and any public or private education institution
(inclusive of public and private charter schools), library, public park,
commercial-zoned day care facility,free-standing church, drug
and/or alcohol rehabilitation center, or group home as measured
from nearest building wall of the business to the nearest building
wall of the protected use.
7. Operating Requirements:
a) Drive-through pickup windows shall not be allowed, but delivery service
shall be allowed as per state statute.
b) Outdoor seating areas at recreational establishments shall not be allowed.
c) A recreational marijuana facility shall submit a security plan containing the
following information:
i. Proof that any cultivation and storage of marijuana will take place in
an "enclosed, locked facility(with walls and a roof and not a
manufactured or factory built building or cargo container)" equipped
with locks or other security devices that permit access only by
persons authorized to enter pursuant to state and local law.
ii. A floor plan that details the security measures required by state law,
including an on-site alarm system,video surveillance devices and a
single secure entrance.
iii. Explanation, narrative, or protocols against marijuana diversion and
theft.
iv. Provide and continuously update as needed a current list of all
persons who are authorized to access the establishment.
d) On-site consumption of marijuana establishment shall not be allowed.
6
e) The size of facility in terms of square footage, building height or other
factors shall be consistent with the character of existing or planned
surrounding development.
f) Signage that will be visible from the exterior of the facility may be approved
by the city if all sign code regulations have been met. The use of the
marijuana leaf symbol shall not be allowed on any exterior signage.
8. Other Conditions.The planning and zoning commission may deem it necessary to
apply other conditions to conserve and promote the public health, safety,
convenience and general welfare, including:
a) Compliance with all city-adopted zoning, landscaping, engineering, building,
design guidelines, overlay district and/or planned development district
requirements.
b) The commission shall reserve the right to revoke a CUP for noncompliance
with any condition prescribed as part of the permit approval or if the use is
demonstrated to be a nuisance or hazard to the neighborhood or
community.
c) Hours of operation will be addressed through the CUP process.
d) Allowing and accommodating unannounced inspections by law enforcement
officials at anytime the facility is occupied and/or operating, emergency
contact information, alarm permit and other items for the reasonable,
transparent and safe operation of the facility.
9. The operation of a recreational marijuana testing facility is prohibited.
10. The commercial cultivation and processing of recreational marijuana as a standalone
use is prohibited.
11. Home Cultivation.
a) It shall be unlawful for any individual who is at least twenty-one (21)years of
age to possess, transport, cultivate or process more than six(6) marijuana
plants.
b) It shall be unlawful for two or more individuals who are at least twenty-one
(21)years of age to possess, transport, cultivate or process more than
twelve (12) marijuana plants at the individuals' primary residence.
7
c) Except as provided by A.R.S §36-2801 et al. and this Section, it shall be
unlawful for an individual to otherwise cultivate marijuana in a residential
zoning district within Apache Junction.
d) Individuals shall not process or manufacture marijuana by means of any
liquid or gas other than alcohol,that has a flashpoint below one hundred
(100) degrees Fahrenheit.
e) Kitchen, bathrooms, and primary bedroom(s) shall be used for their
intended use and shall not be used primarily for residential marijuana
processing, manufacturing, or cultivation.
f) A residence shall not emit dust,fumes,vapors, or odors into the
environment and individuals shall ensure that ventilation, air filtration,
building and design standards are compatible with adjacent uses and the
requirement of adopted building codes of Apache Junction.
g) Cultivation shall be limited to a closet, room,greenhouse, or other enclosed
area on the grounds of the residence equipped with a lock or other security
device that prevents access by minors.
h) Cultivation shall take place in an area where the marijuana plants are not
visible from public view without using binoculars, aircraft, or other optical
aids.
i) Cultivation as part of a home based occupation is not allowed.
8
CITY OF APACHE JUNCTION MARIJUANA REGULATIONS (Version 2)
March 17, 2021
1-6-12 MEDICAL AND RECREATIONAL MARIJUANA
A. Medical Marijuana:
1. Permit Required. A CUP shall be required for the establishment of nonprofit medical
marijuana facilities, including dispensaries, cultivation facilities, and infusion
facilities. The requirements of this section,for the establishment of a nonprofit
medical marijuana use, may also be accomplished through a planned development
("PD") rezoning process or PD major amendment process.
2. Number of Facilities Allowed in City.The total number of nonprofit medical
marijuana dispensaries, cultivation facilities, and infusion facilities shall be as
allowed by state statute for the Apache Junction Community Health Analysis Area
("CHAA"). (See A.R.S.Title 36, Chapter 28.1 Arizona Medical Mariivana Act, for
definitions and statutes pertaining to medical marijuana.)
3. Allowed Zoning Districts.
a) Location of nonprofit medical marijuana dispensaries shall be allowed in the
city's B-1, B-2, B-4 and B-5 zoning districts.
b) Location of a cultivation facility and/or a stand-alone nonprofit medical
marijuana infusion facility which serves one or more nonprofit medical
marijuana dispensaries shall be limited to the city's B-5 zoning district.
c) An existing medical marijuana facility that has received CUP ,'
rn4 approval from the city prior to the effective date of this
ordinance, shall be allowed to continue operating at the approved location,
regardless of any newly defined spacing requirements; and as long as said
operation remains in strict accordance with the conditions of approval of
said facility, or as may otherwise be approved by a CUP amendment or
renewal.
4. An existing medical marijuana establishment that intends to become a dual licensee
to sell recreational marijuana shall present proof of dual licensee status to the city's
business license office; and
a) Is permitted by the State of Arizona to operate both a nonprofit medical
marijuana dispensary and a marijuana establishment at a shared location;
and
1
b) Has not terminated its status as a dual licensee with the Arizona Department
of Health Services ("ADHS") by forfeiting either its marijuana establishment
license or non-profit medical marijuana dispensary registration.
5. Facility Security. Medical marijuana dispensaries, cultivation facilities, and infusion
facilities shall be located in aR a fully enclosed locked facility,F .a-a to include
only a permanent cl°#-e building(walls and a roof) and not in a cargo container, RV,
trailer, or motor vehicle. If a green house is used as a cultivation facility, reasonable
measures shall be taken to obscure the visibility of the marijuana plants from
outside the building.
6. Applications. A CUP application for medical marijuana dispensaries, cultivation
facilities or infusion facilities shall include all the information required on the CUP
application form and the following supplemental information:
a) Signature and consent on the application form by the property owner of
record that he or she is aware the property will be used for medical
marijuana dispensing, cultivating or infusion.
b) A copy of the preliminary approval from the ADHS - t o
...Nf_4t4--S,efvic-4-s4-LD4SL'4, such as a registration certificate,for the nonprofit
medical marijuana dispensary, nonprofit medical marijuana dispensary off-
site cultivation facility or stand-alone nonprofit medical marijuana infusion
facility, or dual licensee and a written assurance that all nonprofit medical
marijuana dispensary agents associated with the approved facility shall
register with the Apache Junction Police Department upon final approval to
operate from ADHS, as well as a copy of said final approval document.
c) Application and all applicable fees paid as required by Apache Junction City
Code,Volume I; Chapter 8, Business, and the Apache Junction City Tax Code
as amended.
d) A detailed site plan and floor plan for the facility prepared in accordance
with Section 1-16-9, and narrative explaining the operation of the facility and
hours of operation.
7. Conditions of Approval.The conditions of approval which maybe considered by the
planning and zoning commission in evaluating these requests include the following:
a) Required Spacing Requirements:
i. A minimum of 1,320 feet between another dispensary, cultivation
facility or infusion facility, as measured from nearest building wall to
nearest building wall.
2
ii. A minimum of 750 feet between a dispensary, cultivation facility or
infusion facility and any public or private education institution
(inclusive of public or private charter schools), library, public park,
commercial-zoned day care facility,free-standing church, drug
and/or alcohol rehabilitation center, or group home, as measured
from nearest building wall of the business to the nearest building
wall of the protected use.
8. Operating Requirements:
a) Drive-through pickup windows shall not be allowed. Delivery service shall be
allowed as per state statute.
b) Outdoor seating areas at dispensaries, cultivation facilities or infusion
facilities shall not be allowed.
c) A medical marijuana facility shall submit a security plan containing the
following information:
i. Proof that any cultivation and storage of medical marijuana will take
place in an "enclosed locked facility (with walls and a roof and not a
manufactured or factory built building or cargo container)" equipped
with locks or other security devices that permit access only by
persons authorized to enter pursuant to state and local law.
ii. A floor plan that details the security measures required by state law,
including an on-site alarm system, video surveillance devices and a
single secure entrance.
iii °ti Explanation, narrative, or protocols
against medical marijuana diversion and theft.
iv. Provide and continuously update as needed a current list of all
persons who are authorized to access the dispensary, off-site
cultivation site or infusion facility.
d) On-site consumption of medical marijuana at a dispensary, cultivation
facility or infusion facility shall not be allowed.
p ._,-� es-;
3
f) The size of facility in terms of square footage, building height or other
factors shall be consistent with the character of existing or planned
surrounding development.
g) Signage that will be visible from the exterior of the facility may be approved
by the city if all sign code regulations have been met. The use of the
marijuana leaf symbol shall not be allowed on any exterior signage.
9. Other Conditions. The planning and zoning commission may deem it necessary to
apply other conditions to conserve and promote the public health, safety,
convenience and general welfare, including:
a) Compliance with all city-adopted zoning, landscaping, engineering, building,
design guidelines, overlay district and/or planned development district
requirements.
b) The commission shall reserve the right to revoke a CUP for noncompliance
with any condition prescribed as part of the permit approval or if the use is
demonstrated to be a nuisance or hazard to the neighborhood or
community.
c) Hours of operation will be addressed through the CUP process.
d) Allowing and accommodating unannounced inspections by law enforcement
officials at anytime the facility is occupied and/or operating, emergency
contact information, alarm permit and other items for the reasonable,
transparent and safe operation of the facility.
3. Medical Mariivana Patient Home Cultivation. In the event that a qualifying patient
residing in the city lives 25 miles or farther from a dispensary, said individual or his
or her designated caregiver may cultivate no more than 12 marijuana plants at the
place of primary residence (including a manufactured home or a recreational
vehicle) of the qualifying patient, with owner's permission, without need to apply
for a CUP. However, said individual or his or her designated caregiver shall apply the
same types of precautions as above for security, use, documentation and must
advise the chief of police of his or her intent to cultivate marijuana at home. At such
time as a dispensary is located within 25 miles from the qualifying patient's home,
all cultivation of marijuana plants in the home must cease or shall be considered a
zoning violation, among other possible local, state and federal law violations. Any
change in residence location shall be reported to the chief of police within 30 days.
4. Medical Marijuana Caregiver Home Cultivation. In the event that a designated
caregiver whose residence is in the city limits is cultivating marijuana for the
qualifying patient or patients in his or her care, and whose qualifying patient or
4
patients in his or her care live 25 miles or farther from a dispensary, said designated
caregiver may cultivate no more than 12 marijuana plants per patient at the place of
primary residency of the designated caregiver (including a manufactured home or a
recreational vehicle), with homeowner's permission, without need to apply for a
CUP. However, said designated caregiver shall apply the same types of precautions
as above for security, use, documentation and must advise the chief of police of his
or her intent to cultivate marijuana at home for the benefit of his or her qualifying
patient or patients. At such time as a dispensary is located within 25 miles from the
designated caregiver's home, all cultivation of marijuana plants in the home must
cease or shall be considered a zoning violation, among other possible local, state
and federal law violations. Any change in residence location shall be reported to the
chief of police within 30 days.
B. Recreational Marijuana
1. All provisions in this section are pursuant to A.R.S.Title 36, Chapter 28.2 Responsible
Adult Use of Mariivana.
2. Permit Required.A CUP shall be required for the establishment of recreational
marijuana establishments.The requirements of this section,for the establishment of a
marijuana use, may also be accomplished through'a planned development("PD")
rezoning process or PD major;amendment process.
3. Allowed Zoning Districts. Location of marijuana establishments shall be allowed in the
city's B-1 B-2, B-3 and<B-4 zoning districts.
4. Facility Security. Recreational marijuana establishments shall be located in a fully
enclosed locked facility,to include only a permanent building(walls and a roof) and
not in a cargo container, RV,trailer, or motor vehicle.
5. Applications. A CUP application for recreational marijuana establishments shall
include all the information required on the CUP application form and the following
supplemental information:
a) Signature and consent on the application form by the property owner of
record that he or she is aware the property will be used for a recreational
marijuana establishment.
b) A copy of the preliminary approval from the Arizona Department of Health
Services ("ADHS"), such as a registration certificate, for a marijuana
establishment, and a written assurance that all marijuana establishment
agents associated with the approved facility shall register with the Apache
Junction Police Department upon final approval to operate from ADHS, as
well as a copy of said final approval document.
5
c) Application and all applicable fees paid as required by Apache Junction City
Code,Volume I; Chapter 8, Business, and the Apache Junction City Tax Code
as amended.
d) A detailed site plan and floor plan for the facility prepared in accordance
with Section 1-16-9,'and narrative explaining the operation of the facility and
hours of operation.
6. Conditions of Approval.The conditions of approval which maybe considered by the
planning and zoning commission in evaluating these requests include the following:
a) Required Spacing Requirements:
i. A minimum of 1,320 feet between another medical marijuana use
(inclusive of dual licensee facilities) or recreational marijuana
establishment as measured from nearest building wall to nearest
building wall.
ii. A minimum of 750 feet between another medical marijuana use
(inclusive of dual licensee facilities) or recreational marijuana
establishment and any public or private education institution
(inclusive of public and private charter schools), library, public park,
commercial-zoned day care facility,free-standing church, drug
and/or alcohol rehabilitation center, or group home as measured
from nearest building wall of the business to the nearest building
wall of the protected use.
7. Operating Requirements:
a) Drive-through pickup windows shall not be allowed, but delivery service
shall be allowed as per state statute.
b) Outdoor seating areas at recreational establishments shall not be allowed.
c) A recreational marijuana facility shall submit a security plan containing the
following information:
i. Proof that any cultivation and storage of marijuana will take place in
an "enclosed, locked facility(with walls and a roof and not a
manufactured or factory built building or cargo container)"equipped
with locks or other security devices that permit access only by
persons authorized to enter pursuant to state and local law.
6
ii. A floor plan that details the security measures required by state law,
including an on-site alarm system,video surveillance devices and a
single secure entrance.
iii. Explanation,narrative, or protocols against marijuana diversion and
theft
iv. Provide and continuously update as needed a current list of all
persons who are authorized to access the establishment.
d) On-site consumption of marijuana establishment shall not be allowed.
e) The size of facility in terms of square footage, building height or other
factors shall be consistent with the character of existing or planned
surrounding development.
f) Signage that will be visible from the exterior of the facility may be approved
by the city if all sign code regulations have been met. The use of the
marijuana leaf symbol shall not be allowed on any exterior signage.
8. Other Conditions.The planning and zoning commission may deem it necessary to
apply other conditions to conserve and promote the public health, safety,
convenience and general welfare, including:
a) Compliance with all city-adopted zoning, landscaping,engineering, building,
design guidelines, overlay district and/or planned development district
requirements:
b) The commission shall reserve the right to revoke a CUP for noncompliance
with any condition prescribed as part of the permit approval or if the use is
demonstrated to be'a nuisance or hazard to the neighborhood or
community.
c) Hours of operation will be addressed through the CUP process.
d) Allowing and accommodating unannounced inspections by law enforcement
officials at anytime the facility is occupied and/or operating, emergency
contact information, alarm permit and other items for the reasonable,
transparent and safe operation of the facility.
9. The operation of a recreational marijuana testing facility is prohibited.
7
10. The commercial cultivation and processing of recreational marijuana as a standalone
use is prohibited.
11. Home Cultivation.
a) It shall be unlawful for any individual who is at least twenty-one (21)years of
age to possess,transport, cultivate or process more than six(6) marijuana
plants.
b) It shall be unlawful for two or more individuals who are at least twenty-one
(21)years of age to possess,transport, cultivate or process more than
twelve (12) marijuana plants at the individuals' primary residence.
c) Except as provided by A.R.S§36-2801 et al. and this Section,it shall be
unlawful for an individual to otherwise cultivate marijuana in a residential
zoning district within Apache Junction.
d) Individuals shall not process or manufacture marijuana by means of any
liquid or gas other than alcohol,that has a flashpoint below one hundred
(100) degrees Fahrenheit.
e) Kitchen, bathrooms, and primary bedroom(s) shall be used for their
intended use and shall not be used primarily for residential marijuana
processing, manufacturing,or cultivation.
f) A residence shall not emit dust, fumes,vapors,or odors into the
environment and individuals shall ensure that ventilation, air filtration,
building and design standards are compatible with adjacent uses and the
requirement of adopted building codes of Apache Junction.
g) Cultivation shall be limited to a closet, room,greenhouse, or other enclosed
area on the grounds of the residence equipped with a lock or other security
device that prevents access by minors.
h) Cultivation shall take place in an area where the marijuana plants are not
visible from public view without using binoculars, aircraft, or other optical
aids...._
i) Cultivation as part of a home based occupation is not allowed.
8
CITY OF APACHE JUNCTION MARIJUANA REGULATIONS (Version 1)
February 23, 2021
1-6-12 MEDICAL AND RECREATIONAL MARIJUANA
A. Permit Required. A CUP shall be required for the establishment of nonprofit medical marijuana
' -,;' ' dispensaries, cultivation facilities, and infusion facilities, and recreational
marijuana establishments.The requirements of this section, for the establishment of a
nonprofit medical and/or recreational marijuana use, may also be accomplished through a
planned development("PD") rezoning process or PD major amendment process.
B. Number of Medical Mariivana Facilities Allowed in City.The total number of nonprofit medical
marijuana dispensaries, cultivation facilities, and infusion facilities shall be as allowed by state
statute for the Apache Junction Community Health Analysis Area ("CHAA"). (See A.R.S. Title 36,
Chapter 28.1 Arizona Medical Marijuana Act,for definitions and statutes pertaining to medical
marijuana.)
C. Allowed Zoning Districts.
1) Location of nonprofit medical and/or recreational marijuana establishments
di&pe,n-,a4es shall be allowed in the city's B-1, B-2, B-4 and B-5 zoning districts subject to
a CUP or PD rezoning process.
2) Location of a cultivation facility and/or a stand-alone nonprofit medical marijuana
infusion facility which serves one or more nonprofit medical marijuana dispensaries
shall be limited to the city's B-5 zoning district.
3) An existing medical marijuana establishment fac4mty that has received a CUP _ & a4
u- _ e+rr ' approval from the city prior to the effective date of this ordinance, shall be
allowed to continue operating at the approved location, regardless of any newly defined
spacing requirements; and as long as said operation remains in strict accordance with
the conditions of approval of said facility, or as may otherwise be approved by a CUP
amendment or renewal.
4) An existing medical marijuana establishment that intends to become a dual licensee to
sell recreational marijuana shall present proof of dual licensee status to the city's
business license office; and
a) Is permitted by the State of Arizona to operate both a nonprofit medical marijuana
dispensary and a marijuana establishment at a shared'location; and
b) Has not terminated its status as a dual licensee with the Arizona Department of
Health Services ("ADHS") by forfeiting either its marijuana establishment License or
non-profit medical marijuana dispensary registration.
1
5) The operation of a recreational marijuana testing facility is prohibited.
6) The commercial cultivation and processing of recreational marijuana as'a standalone
use is prohibited.
D. Facility Security. Medical marijuana dispensaries, cultivation facilities, and infusion facilities, and
recreational marijuana establishments shall be located in a fully enclosed locked facility,
-to include only a permanent&ef,+,-e building (walls and'a roof)and not in a cargo container,
RV, trailer, or motor vehicle. If a green house is used as a cultivation facility, reasonable
measures shall be taken to obscure the visibility of the marijuana plants from outside the
building.
E. Applications. A CUP application for medical marijuana dispensaries, cultivation facilities or
infusion facilities, and recreational marijuana establishments shall include all the information
required on the CUP application form and the following supplemental information:
1. Signature and consent on the application form by the property owner of record that
he or she is aware the property will be used for medical marijuana dispensing,
cultivating or infusion, or recreational marijuana.
2. A copy of the preliminary approval from the ADHS S ep rtme f-
such as a registration certificate,for the nonprofit medical
marijuana dispensary, nonprofit medical marijuana dispensary off-site cultivation
facility, stand-alone nonprofit medical marijuana infusion facility, or dual licensee
and a written assurance that all R pry'. �marijuana dispensary agents
associated with the approved facility shall register with the Apache Junction Police
Department upon final approval to operate from ADHS, as well as a copy of said final
approval document.
3. Application and all applicable fees paid as required by Apache Junction City Code,
Volume I; Chapter 8, Business, and the Apache Junction City Tax Code as amended.
4. A detailed site plan and floor plan for the facility prepared in accordance with
Section 1-16-9, and narrative explaining the operation of the facility and hours of
operation.
F. Conditions of Approval.The conditions of approval which maybe considered by the planning
and zoning commission in evaluating these requests include the following:
1. Required Spacing Requirements:
a. A minimum of 1,320 feet between another medical marijuana dispensary,
cultivation facility or infusion facility, or recreational marijuana establishment as
measured from nearest building wall to nearest building wall.
2
b. A minimum of 750 feet between a medical marijuana dispensary, cultivation
facility, -infusion facility, or recreational marijuana establishment and any
public or private education institution (inclusive of public or private charter
schools), library, public park, commercial-zoned day care facility, free-standing
church,ef drug and/or alcohol rehabilitation center, or group home, as
measured from nearest building wall of the business to the nearest building wall
of the protected use.
2. Operating Requirements:
a. Drive-through pickup windows shall not be allowed. Delivery service shall be
allowed as per state statute.
b. Outdoor seating areas at medical marijuana dispensaries, cultivation facilities or
infusion facilities, or recreational medical establishment shall not be allowed.
c. A medical marijuana facility or recreational marijuana establishment shall
submit a security plan containing the following information:
i. Proof that any cultivation and storage of ff*4,_--a4 marijuana will take
place in an "enclosed locked facility (with walls and a roof and not a
manufactured or factory built building or cargo container)" equipped
with locks or other security devices that permit access only by persons
authorized to enter pursuant to state and local law.
ii. A floor plan that details the security measures required by state law,
including an on-site alarm system,video surveillance devices and a single
secure entrance.
iii. .. -a at fot—e -i s;` , Explanation, narrative, or protocols
against l marijuana diversion and theft.
iv. Provide and continuously update as needed a current list of all persons
who are authorized to access the establishment, dispensary, off-site
cultivation site or infusion facility.
d. On-site consumption of 4edk- marijuana and/or marijuana products at a
marijuana establishment, dispensary, cultivation facility or infusion facility shall
not be allowed.
x�,rc aro-, IIr o^nma r^cw^xI brA°• �a r•6e-au� �"x rx
if "" ., .. T'�i'We. !"w Y"Fl Yv9'roFAsy""S Y5&—Fib ti9' "hY"%.—A,d4. s"'b YYtY FYh. i""F'h4ASA""&P''"B`ddMA
3
wi
f. The size of facility in terms of square footage, building height or other factors
shall be consistent with the character of existing or planned surrounding
development.
g. Signage that will be visible from the exterior of the facility may be approved by
the city if all sign code regulations have been met. The use of the marijuana leaf
symbol shall not be allowed on any exterior signage.
3. Other Conditions.The planning and zoning commission may deem it necessary to
apply other conditions to conserve and promote the public health, safety,
convenience and general welfare, including:
a. Compliance with all city-adopted zoning, landscaping, engineering, building,
design guidelines, overlay district and/or planned development district
requirements.
b. The commission shall reserve the right to revoke a CUP for noncompliance with
any condition prescribed as part of the permit approval or if the use is
demonstrated to be a nuisance or hazard to the neighborhood or community.
c. Hours of operation will be addressed through the CUP process.
d. Allowing and accommodating unannounced'inspections by law enforcement
officials at any time the facility is occupied and/or operating, emergency contact
information, alarm permit and other items for the reasonable,transparent and
safe operation of the facility.
4. Medical Mariivana Patient Home Cultivation. In the event that a qualifying patient
residing in the city lives 25 miles or farther from a dispensary, said individual or his
or her designated caregiver may cultivate no more than 12 marijuana plants at the
place of primary residence (including a manufactured home or a recreational
vehicle) of the qualifying patient, with owner's permission, without need to apply
for a CUP. However, said individual or his or her designated caregiver shall apply the
same types of precautions as above for security, use, documentation and must
advise the chief of police of his or her intent to cultivate marijuana at home. At such
time as a dispensary is located within 25 miles from the qualifying patient's home,
all cultivation of marijuana plants in the home must cease or shall be considered a
zoning violation, among other possible local, state and federal law violations. Any
change in residence location shall be reported to the chief of police within 30 days.
5. Medical Marijuana Caregiver Home Cultivation. In the event that a designated
caregiver whose residence is in the city limits is cultivating marijuana for the
qualifying patient or patients in his or her care, and whose qualifying patient or
4
patients in his or her care live 25 miles or farther from a dispensary, said designated
caregiver may cultivate no more than 12 marijuana plants per patient at the place
of primary residency of the designated caregiver(including a manufactured home
or a recreational vehicle), with homeowner's permission, without need to apply for
a CUP. However, said designated caregiver shall apply the same types of
precautions as above for security, use, documentation and must advise the chief of
police of his or her intent to cultivate marijuana at home for the benefit of his or
her qualifying patient or patients. At such time as a dispensary is located within 25
miles from the designated caregiver's home, all cultivation of marijuana plants in
the home must cease or shall be considered a zoning violation, among other
possible local, state and federal law violations. Any change in residence location
shall be reported to the chief of police within 30 days
6. Recreational Marijuana Home Cultivation.
a. It shall be unlawful for any individual who is at least twenty-one (21)years of
age to possess,transport, cultivate or process more than six(6) marijuana
plants.
b. It shall be unlawful for two or more individuals who are at least twenty-one (21)
years of age to possess,transport, cultivate or process more than twelve (12)
marijuana plants at the individuals' primary residence.
c.` Except as provided by A.R.S§ 36-2801 et aL and this Section, it shall be unlawful
for an individual to otherwise cultivate marijuana in a residential zoning district
within Apache Junction.
d. Individuals shall not process or manufacture marijuana by means of any liquid or
gas other than alcohol,that has a flashpoint below one hundred (100);degrees
Fahrenheit.
e.` Kitchen, bathrooms, and primary bedroom(s) shall be used for their intended
use and shall not be used primarily for residential marijuana processing,
manufacturing, or cultivation.
f. A residence shall not emit dust, fumes,vapors, or odors into the environment
and individuals shall ensure that ventilation, air filtration, building and design
standards are compatible with adjacent uses and the requirement of adopted
building codes of Apache Junction.
g. Cultivation shall be limited to a closet, room,greenhouse, or other enclosed area
on the grounds of the residence equipped with a lock or other security device
that prevents access by minors.
h. Cultivation'shall take place in an area where the marijuana plants are not visible
from public view without using binoculars, aircraft, or other optical aids.
5
i. Cultivation as part of a home based occupation is not allowed'.
6
March 17,2021
The Apache Junction City Code,Volume 11, Land Development Code, Chapter 1:Zoning Ordinance, shall
be amended as follows:
Section 1-5-3 Non-Residential Use Regulations,Table 5-3 Non-Residential Use Regulations, shall be
amended with the addition of"Recreational Marijuana Establishments" under use category"Retail
Trade":
Use Category Specific Use Type' B-1 B-2 B-3 B-44 B-54 PI
Gen. Old City Bus Ind. Pub/Inst.
West Cen. Park
Retail Trade Medical Marijuana CUP CUP CUP CUP CUP NO
(NAICS Code Facilities
44-45)
Recreational CUP CUP CUP CUP NO NO
Marijuana
Establishments
Swap Meets and CUP CUP CUP CUP NO CUP
Farmers Markets
ARTICLE 1-17 DEFINISIONS, shall be amended with the addition of the following:
Recreational Marijuana Uses:
a. Chemical Extraction.The process of removing a particular component of a mixture from others
present, including removing resinous tetrahydrocannabinol from marijuana.
b. Chemical Synthesis. Production of a new particular molecule by adding to,subtracting from, or
changing the structure of a precursor molecule.
c. City.The City of Apache Junction.
d. Consume,Consuming,and Consumption.The act of ingesting, inhaling or otherwise introducing
marijuana into the human body, including the inhaling or exhaling of smoke or vapor from an
electronic device that can be used to deliver marijuana or marijuana products to a person,
including, but not limited to, an electronic or vaping cigarette, equipment, or pipe.
e. Consumer.An individual who is at least twenty-one years of age and who purchases marijuana
or marijuana products.
f. Cultivate and Cultivation.To propagate, breed,grow, prepare and package marijuana.
g. Deliver and Delivery.The transportation,transfer or provision of marijuana or marijuana
products to a consumer at a location other than the designated retail location of a marijuana
establishment.
h. Department.The State of Arizona Department of Health Services or its successor agency.
i. Dual Licensee.An entity that holds both a nonprofit medical marijuana dispensary registration
and a marijuana establishment license.
j. Enclosed Area. A building,greenhouse, or other structure that has:
i. A complete roof enclosure supported by connecting walls that are constructed of solid
material extending from the ground to the roof;
ii. Is secure against unauthorized entry;
iii. Has a foundation, slab or equivalent base to which the floor is securely attached; and
iv. Meets performance standards ensuring that cultivation and processing activities cannot
be and are not perceptible from the structure in terms of not being visible from public
view without using binoculars, aircraft or other optical aids and is equipped with a lock
or other security device that prevents access by minors
k. Extraction.The process of extracting or separating resin from marijuana to produce or process
any form of marijuana concentrates using water, lipids,gases, solvents, or other chemicals or
chemical processes.
I. Manufacture and Manufacturing.To compound, blend, extract, infuse or otherwise make or
prepare a marijuana product.
m. Marijuana.All parts of the plant of the genus cannabis,whether growing or not, as well as the
seeds from the plant,the resin extracted from any part of the plant, and every compound,
manufacture, salt, derivative, mixture or preparation of the plant or its seeds or resin; and
includes cannabis as defined in A.R.S. § 13-3401; but does not include industrial hemp,the fiber
produced from the stalks of the plant of the genus cannabis, oil or cake made from the seeds of
the plant, sterilized seeds of the plant that are incapable of germination, or the weight of any
other ingredient combined with marijuana to prepare topical or oral administrations,food, drink
or other products.
n. Marijuana Concentrate:
i. Resin extracted from any part of a plant of the genus cannabis and every compound,
manufacture, salt, derivative, mixture or preparation of that resin or
tetrahydrocannabinol.
ii. Does not include industrial hemp or the weight of any other ingredient combined with
cannabis to prepare topical or oral administrations,food, drink or other products.
o. Marijuana Establishment.An entity licensed by the Department to operate a single retail
location at which the licensee may sell marijuana and marijuana products to consumers,
cultivate marijuana and manufacture marijuana products.
p. Marijuana Products. Marijuana concentrate and products that are composed of marijuana and
other ingredients and that are intended for use or consumption, including edible products,
ointments, and tinctures.
q. Marijuana Testing Facility.The Department or another entity that is licensed by the Department
to analyze the potency of marijuana and test marijuana for harmful contaminants.
r. Nonprofit Medical Marijuana Dispensary.A nonprofit entity as defined in A.R.S. §36-2801(12).
s. Open Space.A public park, public sidewalk, public walkway or public pedestrian thoroughfare.
t. Person. An individual, partnership, corporation, association, or any other entity of whatever
kind or nature.
u. Process and Processing.To harvest, dry, cure,trim or separate parts of the marijuana plant.
v. Public Place.The same meaning prescribed in the Smoke-Free-Arizona Act,A.R.S. § 36-601.01.
w. Smoke.To inhale, exhale, burn, carry or possess any lighted marijuana or lighted marijuana
products, whether natural or synthetic
City of Apache Junction, Arizona 300 E Superstition
Boulevard
Agenda Item Cover Sheet Apache Junction,AZ
85119
Agenda Item No. 12.
File ID: 21-150
Sponsor: Larry Kirch and Kelsey Schattnik Agenda Date:4/6/2021
Index: In Control: City Council Meeting
Presentation, discussion, public hearing and consideration of proposed Ordinance No. 1502,
an Ordinance of the Mayor and City Council of the Apache Junction,Arizona, amending Apache
Junction City Code, Volume 11, Land Development Code, Chapter 1: Zoning Ordinance, Article
1-6: Supplemental Regulations, by repealing, replacing and retitling in its entirely§ 1-6-12,
Medical Marijuana; and by adopting by reference that certain document entitled "2021
Amendments to the Apache Junction City Code, Volume 11, Land Development Code, Chapter
1: Zoning Ordinance,Article 1-6: Supplemental Regulations, § 1-6-12, Medical and Recreational
Marijuana"; repealing any conflicting provisions; providing for severability; and providing for
penalties.
City of Apache Junction,Arizona Page 1 Printed on 313112021
City ofApache Junction
Development ServicesDepartment =�� � 4
Date : March 29, 2021
To: Honorable Mayor and City Council Members
Through: Bryant Powell, City Manager
Larry Kirch, Development Services Director
Rudy Esquivias, Planning Manager/Zoning Administrator
From: Kelsey Schattnik, Planner
Subject: April 5, 2021 City Council Work Session, and April 6,
2021, City Council Public Hearing Items .
AM-1-20 (Resolution No. 21-13, Ordinance No. 1502,
Resolution No. 21-15 and Ordinance No. 1504)
Presentation, discussion and consideration on proposed
Text Amendment to the Apache Junction City Code,
Volume II, Land Development Code, Chapter 1 : Zoning
Ordinance, Article 1-6 : Supplemental Regulations,
Section 1-6-12, Medical Marijuana; Article 1-5 Zoning
Bulk and Use Regulations, Section 1-5-3 Non-
Residential Use Regulations; and Article 1-17, Section
1-17-1 Definitions .
Background
On November 3, 2020, the voters of Arizona passed the "Smart and
Safe Arizona Act", a citizen initiative........relating to the
responsible adult use, regulation and taxation of marijuana",
(also referred to as the "recreational marijuana act") .
On December 1, 2020, staff was directed by city council to amend
the current medical marijuana regulations to include
recreational marijuana.
In response to the direction to staff, staff drafted two draft
version of the text amendment changes .
On February 23, 2021, staff held a work session with the
planning and zoning commission to review the two draft text
changes .
Staff was given direction to focus on Version 2, which allows
Recreational Marijuana in the B-1, B-2, and B-3 zoning districts
and regulates Recreational Marijuana in the same manner as
Medical Marijuana.
Planning and Zoning Commission Recommendation
A planning and zoning commission public hearing was held on March
23, 2021 (planning staff report and exhibits attached) .
The commission unanimously recommended approval of the text
amendment dated March 17, 2021 in a vote of 7-0 . The attached
ordinance represents staff' s and the commission' s recommendation.
Council is advised that four (4) separate items are needed to
effect the commission' s changes :
l . Resolution No. 21-13 and 21-15 declare the proposed language
a public record
2 . Ordinance No. 1502 adopts the specific changes to Section 1-
6-12 Medical and Recreational Marijuana
3 . Ordinance No . 1504 adopts incidental changes to the
"commercial uses" and the definitions section of the zoning
ordinance in order to effect the new language adopted by
Ordinance No. 1502 .
Attachments:
- Ordinance No. 1502 (DRAFT)
- Resolution No. 21-13 (DRAFT)
- Ordinance No. 1504 (DRAFT)
- Resolution No. 21-15 (DRAFT)
- Revised Medical marijuana Ordinance (Markedup Version 2) (3.17.2021)
- Table 5-3 Non-Residential Use Regulations and 1-17-1 Definitions
- PZ Staff Report from March 23, 2021, with all attachments.
ORDINANCE NO. 1502
AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY
OF APACHE JUNCTION, ARIZONA, AMENDING APACHE JUNCTION
CITY CODE, VOLUME II, LAND DEVELOPMENT CODE, CHAPTER 1 :
ZONING ORDINANCE, ARTICLE 1-6 : SUPPLEMENTAL REGULATIONS,
BY REPEALING, REPLACING AND RETITLING IN ITS ENTIRETY §
1-6-12, MEDICAL MARIJUANA; AND BY ADOPTING BY REFERENCE
THAT CERTAIN DOCUMENT ENTITLED "2021 AMENDMENTS TO THE
APACHE JUNCTION CITY CODE, VOLUME II, LAND DEVELOPMENT
CODE, CHAPTER 1 : ZONING ORDINANCE, ARTICLE 1-6 :
SUPPLEMENTAL REGULATIONS, § 1-6-12, MEDICAL AND
RECREATIONAL MARIJUANA"; REPEALING ANY CONFLICTING
PROVISIONS; PROVIDING FOR SEVERABILITY; AND PROVIDING
FOR PENALTIES.
WHEREAS, on December 4, 2020, the city council gave direction
to staff to process the necessary amendments to the zoning
ordinance, through the planning and zoning commission, to
accommodate recreational marijuana uses in the city, pursuant to
the approval of Proposition 207, the Smart and Safe Act, by the
voters of Arizona in the November 2020 general election; and
WHEREAS, on February 23, 2021, the planning and zoning
commission held a work session to review and discuss the proposed
amendments; and
WHEREAS, on March 23, 2021, the planning and zoning
commission voted 7 to 0 to recommend such amendments to the city
council; and
WHEREAS, A.R. S . § 9-802 permits municipalities to enact the
provisions of a code of public record theretofore in existence
without setting forth such provisions in full text as long as the
adopting ordinance is published in full text and at least three
paper copies, or one paper copy and one electronic copy of the
code or public record, are filed and made available for public
inspection in the office of the city clerk and the electronic
copy is accessible on the city' s website and made available for
public inspection; and
WHEREAS, pursuant to A.R. S . §§ 9-801 (1) and 9-802, codes
which may be adopted by reference include those relating to
medical and recreational marijuana zoning regulations; and
WHEREAS, city staff has determined that for administrative
efficiency, it is more appropriate to update the city code by
adopting by reference a revised version of the Apache Junction
City Code, Volume II, Land Development Code, Chapter 1 : Zoning
Ordinance, Article 1-6 : Supplemental Regulations, § 1-6-12,
Medical and Recreational Marijuana.
ORDINANCE NO. 1502
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 1-6 :
-Supplemental Regulations, § 1-6-12, Medical Marijuana is
hereby repealed in its entirety and replaced with new
provisions referenced below.
2 . That certain document known as the "2021 Amendments to the
Apache Junction City Code, Volume II, Land Development Code,
Chapter 1 : Zoning Ordinance, Article 1-6 : Supplemental
Regulations, § 1-6-12, Medical and Recreational Marijuana",
at least three paper copies, or one paper copy and one
electronic copy which are accessible on the city' s website
and filed in the office of the city clerk, which document
was made a public record by Resolution No. 21-13 of the City
of Apache Junction, Arizona, 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 I misdemeanor consistent
with Apache Junction City Code, Volume 1, Chapter 1 : GENERAL,
Article 1-8 : PENALTY.
ORDINANCE NO. 1502
2 OF 3
APPROVED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
APACHE JUNCTION THIS DAY OF , 2021 .
SIGNED AND ATTESTED TO THIS DAY OF , 2021 .
WALTER "CHIP" WILSON
Mayor
ATTEST:
JENNIFER PENA
City Clerk
APPROVED AS TO FORM:
RICHARD J. STERN
City Attorney
ORDINANCE NO. 1502
3 OF 3
RESOLUTION NO. 21-13
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 "2021 AMENDMENTS TO THE APACHE JUNCTION
CITY CODE, VOLUME II, LAND DEVELOPMENT CODE, CHAPTER
1 : ZONING ORDINANCE, ARTICLE 1-6 : SUPPLEMENTAL
REGULATIONS, § 1-6-12 MEDICAL AND RECREATIONAL
MARIJUANA"; REPEALING ANY CONFLICTING PROVISIONS; AND
PROVIDING FOR SEVERABILITY.
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 three paper copies, or
one paper copy and one electronic copy, is filed with the city
clerk and the electronic copy is accessible on the city' s
website and are both made available for public use and
inspection; and
WHEREAS, pursuant to A.R. S . 9-801 (1) and 9-802, such
codes include medical and recreational marijuana zoning
regulations; and
WHEREAS, a work session on February 23, 2021 and public
hearing on March 23, 2021 were held with the planning and zoning
commission to discuss the proposed amendments; and
WHEREAS, city staff has identified such provisions herein,
and it is the intent of the city to declare such documents and
compilations as public records, on file in the office of the
city clerk.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA AS FOLLOWS :
SECTION I IN GENERAL
1 . That certain document entitled the "2021 Amendments to the
Apache Junction City Code, Volume II, Land Development
Code, Chapter 1 : Zoning Ordinance, Article 1-6 :
Supplemental Regulations, § 1-6-12 Medical and Recreational
RESOLUTION NO. 21-13
PAGE 1 OF 3
Marijuana", at least three paper copies, or one paper copy
and one electronic copy, of which are accessible on the
city' s website (www.apa.ch.ejunct-i-onaz .gov) and filed in the
office of the city clerk of the city of Apache Junction,
Arizona, is hereby declared to be a public record, and
shall be made available for public use and inspection, and
said copies are ordered to be remain on file with the city
clerk.
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 , 2021 .
SIGNED AND ATTESTED TO THIS DAY OF f 2021 .
WALTER "CHIP" WILSON
Mayor
ATTEST:
JENNIFER PENA
City Clerk
RESOLUTION NO. 21-13
PAGE 2 OF 3
APPROVED AS TO FORM:
RICHARD J. STERN
City Attorney
RESOLUTION NO. 21-13
PAGE 3 OF 3
"2021 Amendments to the Apache Junction City Code, Volume II,
Land Development Code, Chapter 1 : Zoning Ordinance, Article 1-6 :
Supplemental Regulations, § 1-6-12, Medical and Recreational
Marijuana"
1-6-12 MEDICAL AND RECREATIONAL MARIJUANA
A. Medical Marijuana:
1 . Permit Required. A CUP shall be required for the
establishment of nonprofit medical marijuana
facilities, including dispensaries, cultivation
facilities, and infusion facilities . The requirements
of this section, for the establishment of a nonprofit
medical marijuana use, may also be accomplished
through a planned development ("PD") rezoning process
or PD major amendment process .
2 . Number of Facilities Allowed in City. The total number
of nonprofit medical marijuana dispensaries,
cultivation facilities, and infusion facilities shall
be as allowed by state statute for the Apache Junction
Community Health Analysis Area ("CHAA") . (See A.R. S .
Title 36, Chapter 28 . 1 Arizona Medical Marijuana Act,
for definitions and statutes pertaining to medical
marijuana. )
3 . Allowed Zoning Districts .
a) Location of nonprofit medical marijuana
dispensaries shall be allowed in the city' s B-1,
B-2, B-4 and B-5 zoning districts .
b) Location of a cultivation facility and/or a
stand-alone nonprofit medical marijuana infusion
facility which serves one or more nonprofit
medical marijuana dispensaries shall be limited
to the city' s B-5 zoning district .
c) An existing medical marijuana facility that has
received CUP u € approval
from the city prior to the effective date of this
ordinance, shall be allowed to continue operating
at the approved location, regardless of any newly
defined spacing requirements; and as long as said
operation remains in strict accordance with the
conditions of approval of said facility, or as
1
may otherwise be approved by a CUP amendment or
renewal .
4 . An existing medical marijuana establishment that
intends to become a dual licensee to sell recreational
marijuana shall present proof of dual licensee status
to the city` s business license office; and
a) Is permitted by the State of Arizona to operate
both a nonprofit medical marijuana dispensary and
a marijuana establishment at a shared location;
and
b) Has not terminated its status as a dual licensee
with the Arizona Department of Health Services
("ADHS") by forfeiting either its marijuana
establishment license or non-profit medical
marijuana` dispensary registration.
5 . Facility Security. Medical marijuana dispensaries,
cultivation facilities, and infusion facilities shall
be located in af--� fully enclosed locked facility,
to include only a permanent s building
(walls and a roof) and not in a cargo container, RV,
trailer, or motor vehicle . If a green house is used as
a cultivation facility, reasonable measures shall be
taken to obscure the visibility of the marijuana
plants from outside the building.
6 . Applications . A CUP application for medical marijuana
dispensaries, cultivation facilities or infusion
facilities shall include all the information required
on the CUP application form and the following
supplemental information:
a) Signature and consent on the application form by
the property owner of record that he or she is
aware the property will be used for medical
marijuana dispensing, cultivating or infusion.
b) A copy of the preliminary approval from the ADHS
such
as a registration certificate, for the nonprofit
medical marijuana dispensary, nonprofit medical
marijuana dispensary off-site cultivation
facility or stand-alone nonprofit medical
2
marijuana infusion facility, or dual licensee and
a written assurance that all nonprofit medical
marijuana dispensary agents associated with the
approved facility shall register with the Apache
Junction Police Department upon final approval to
operate from ADHS, as well as a copy of said
final approval document .
c) Application and all applicable fees paid as
required by Apache Junction City Code, Volume I;
Chapter 8, Business, and the Apache Junction City
Tax Code as amended.
d) A detailed site plan and floor plan for the
facility prepared in accordance with Section 1-
16-9, and narrative explaining the operation of
the facility and hours of operation.
7 . Conditions of Approval . The conditions of approval
which may be considered by the planning and zoning
commission in evaluating these requests include the
following:
a) Required Spacing Requirements :
i . A minimum of 1, 320 feet between another
dispensary, cultivation facility or infusion
facility, as measured from nearest building
wall to nearest building wall .
ii . A minimum of 750 feet between a dispensary,
cultivation facility or infusion facility
and any public or private education
institution ;(inclusive of public or private
charter schools);, library, public park,
commercial-zoned day care facility, free-
standing church, drug and/or alcohol
rehabilitation center, or; group home, as
measured from nearest building wall of the
business to the nearest building wall of the
protected use .
8 . Operating Requirements :
a) Drive-through pickup windows shall not be
allowed. Delivery service shall be allowed as
per state statute .
3
b) Outdoor seating areas at dispensaries,
cultivation facilities or infusion facilities
shall not be allowed.
c) A medical marijuana facility shall submit a
security plan containing the following
information:
i . Proof that any cultivation and storage of
medical marijuana will take place in an
"enclosed locked facility (with walls and a
roof and= not a manufactured or factory built
building or cargo container) " equipped with
locks or other security devices that permit
access only by persons authorized to enter
pursuant to state and local law.
ii . A floor plan that details the security
measures required by state law, including an
on-site alarm system, video surveillance
devices and a single secure entrance .
Explanation, narrative, or protocols against
medical marijuana diversion and theft.
iv. Provide and continuously update as needed a
current list of all persons who are
authorized to access the dispensary, off-
site cultivation site or infusion facility.
d) On-site consumption of medical marijuana at a
dispensary, cultivation facility or infusion
facility shall not be allowed.
n _ ry
�}- 11fi-��-. _. �-��-�:-�-�.a--�;-�.�-=�-=�a-g-� � _-��- �r�r� ra ���-��-� -=���= :atet-:s-
.....o-f 1 - ---"c+R-j-i -e-r —.L-t h__..a.
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4
f) The size of facility in terms of square footage,
building height or other factors shall be
consistent with the character of existing or
planned surrounding development.
g) Signage that will be visible from the exterior of
the facility may be approved by the city if all
sign code regulations have been met. The use of
the marijuana leaf symbol shall not be allowed on
any exterior signage .
9 . Other Conditions . The planning and zoning commission
may deem it necessary to apply other conditions to
conserve and promote the public health, safety,
convenience and general welfare, including:
a) Compliance with all city-adopted zoning,
landscaping, engineering, building, design
guidelines, overlay district and/or planned
development district requirements .
b) The commission shall reserve the right to revoke
a CUP for noncompliance with any condition
prescribed as part of the permit approval or if
the use is demonstrated to be a nuisance or
hazard to the neighborhood or community.
c) Hours of operation will be addressed through the
CUP process .
d) Allowing and accommodating unannounced
inspections by law enforcement officials at any
time the facility is occupied and/or operating,
emergency contact information, alarm permit and
other items for the reasonable, transparent and
safe ioperation of the facility.
10 . Medical Marijuana Patient Home Cultivation. In the event
that a qualifying patient residing in the city lives 25
miles or farther from a dispensary, said individual or his
or her designated caregiver may cultivate no more than 12
marijuana plants at the place of primary residence
(including a manufactured home or a recreational vehicle)
of the qualifying patient, with owner' s permission, without
need to apply for a CUP. However, said individual or his or
her designated caregiver shall apply the same types of
5
precautions as above for security, use, documentation and
must advise the chief of police of his or her intent to
cultivate marijuana at home. At such time as a dispensary
is located within 25 miles from the qualifying patient' s
home, all cultivation of marijuana plants in the home must
cease or shall be considered a zoning violation, among
other possible local, state and federal law violations .
Any change in residence location shall be reported to the
chief of police within 30 days .
11 . Medical Marijuana Caregiver Home Cultivation. In the event
that a designated caregiver whose residence is in the city
limits is cultivating marijuana for the qualifying patient
or patients in his or her care, and whose qualifying
patient or patients in his or her care live 25 miles or
farther from a dispensary, said designated caregiver may
cultivate no more than 12 marijuana plants per patient at
the place of primary residency of the designated caregiver
(including a manufactured home or a recreational vehicle) ,
with homeowner' s permission, without need to apply for a
CUP. However, said designated caregiver shall apply the
same types of precautions as above for security, use,
documentation and must advise the chief of police of his or
her intent to cultivate marijuana at home for the benefit
of his or her qualifying patient or patients . At such time
as a dispensary is located within 25 miles from the
qualified patient on patients home, all cultivation of
marijuana plants in the home must cease or shall be
considered a zoning violation, among other possible local,
state and federal law violations . Any change in residence
location shall be reported to the chief of police within 30
days .
B. Recreational Marijuana
1 . All provisions in this section are pursuant ,to A.R. S .
Title 36, Chapter 28 . 2 Responsible Adult Use of
Marijuana.i
2 . Permit Required. A CUP shall be required for the
establishment of recreational marijuana
establishments . The requirements of this section, for
the establishment of a marijuana use, may also be
accomplished through a planned development ("PD")
rezoning process or PD major amendment process .'
6
3 . Allowed Zoning; Districts . Location of marijuana
establishments shall be allowed in the city' s B-1, B
2 B-3 and B-4 zoning districts,
4 . Facility Security. ; Recreational marijuana
establishments shall be located in a fully enclosed
locked facility, to include only a permanent building
(walls and a roof) and not in a' cargo container, RV,
trailer, or motor vehicle .
5 . Applications . A CUP application for recreational
marijuana establishments shall include all the
information required on the CUP application form and
the following supplemental information:
a) Signature and` consent fon the application form by
the property owner of record that he or she is
aware the property will be used for a
recreational marijuana establishment.
b) A copy of the preliminary approval from the
Arizona Department of Health Services ("ADHS") ,
such as a registration certificate, for a
marijuana establishment, and a written assurance
that all marijuana establishment agents
associated with the approved facility shall'
register with the Apache Junction Police
Department upon final approval to operate from
ADHS,` as well as a copy of said final approval
document .
c) Application and all applicable fees paid as
required by Apache Junction City Code, ;Volume I
Chapter 8, Business, and the Apache Junction City
Tax Code as amended.
d) A detailed site plan and floor'; plan for the
facility prepared in accordance with Section 1
16-9, and narrative explaining the operation of
the facility and hours of operation.
6 . Conditions of Approval . The conditions of approval
which may be considered by ,the planning and zoning
7
commission in evaluating these requests include the
following
a) Required Spacing Requirements :
i . 'A minimum of 1, 320 feet between another
medical marijuana use (inclusive of dual'
licensee facilities) or recreational
marijuana establishment as measured from
nearest building wall to nearest building
wall .
ii'. A minimum of 750 feet between another
medical marijuana use (inclusive of duali
licensee facilities) or recreational
marijuana establishment and any public or
private education institution (inclusive of
public and private charter schools) ,
library, public park, commercial-zoned day
care facility, free-standing church, drug
and/or alcohol rehabilitation center, or
group home as measured from nearest building
walk of the business to the nearest building
wall of the protected use .
7 . Operating Requirements :
a) Drive-through pickup windows shall not be
allowed, but delivery service shall be allowed as
per state statute :
b) Outdoor seating areas at recreational
establishments shall not be allowed.
c) A recreational marijuana facility shall submit a
security ;plan' containing the following
information:
i . Proof that any cultivation and storage; of
marijuana will take place in an "enclosed,
locked facility (with walls and a `roof and
not a manufactured or factory built building
or cargo container) " equipped with locks or
other security devices that permit access
only by persons authorized to enter pursuant
to state and local law.
8
ii . A floor plan that details the security
measures required by state law, including an
on-site alarm system, video surveillance
devices and a single secure entrance .
ii . Explanation, narrative, or protocols
against marijuana diversion and theft.
iv. Provide and continuously update as needed a
current list of all persons who are
authorized to access the establishment.'
d) On-site consumption of marijuana establishment
shall not be allowed.'
e) The size of facility in terms of square footage,
building height or other factors shall be
consistent with the character of existing or
planned surrounding development.
f) Signage that will be visible from the exterior of
the facility may be approved by the city if all
sign code regulations have been met. The use of
the marijuana leaf symbol shall not be allowed on
any exterior signage
8 . Other Conditions . The planning and zoning commission
may deem it necessary to apply other conditions to
conserve and promote the public health, safety,
convenience and general welfare, including:
a) Compliance with all city-adopted zoning,;
landscaping, engineering, building, design
guidelines, overlay district and/or planned
development district requirements .
b) The commission shall reserve the right to revoke
a CUP for noncompliance with any condition
prescribed as part of the permit approval or if
the use is demonstrated to be a nuisance or
hazard to the neighborhood' or community.
c) Hours of 'operation will be addressed through the
CUP process .
9
d) Allowing and accommodating unannounced
inspections by law enforcement officials at any
time the facility is occupied and/or operating,
emergency contact information, ; alarm permit and
other items for the reasonable, transparent and
safe 'operation of the facility'.
9 . The operation of airecreational marijuana testing
facility is prohibited.
1O . The commercial cultivation and processing of
recreational marijuana as a standalone use is
prohibited.
11 . Home Cultivation
a) It shall be unlawful for any individual who is at
least twenty-one (21) years of age to possess,
transport, cultivate or process more than six (6)
marijuana plants
b) It shall be unlawful for two or more individuals'
who are at least twenty-one (21) years of age to
possess, transport, cultivate or process more
than twelve (12) marijuana plants at the
individuals' primary residence`.
c) Except as provided by A.R. S §36-2801 et al . and
this Section, it shall be unlawful for an
individual to otherwise cultivate marijuana in ai
residential zoning district within Apache
Junction
d) Individuals shall not process or manufacture'
marijuana by means of any liquid or gas i other
than alcohol, that has a flashpoint below one
hundred (100) degrees Fahrenheit.
e) Kitchen, bathrooms, and primary bedroom(s) shall
be used for their intended use and shall not be
used primarily for residential marijuana
processing, manufacturing, or cultivation.4
f) A residence shall not emit dust, fumes, vapors,
or odors into the environment and individuals
shall ensure that ventilation, air ' filtration,;
10
building and design standards are compatible with
adjacent uses and the requirement of adopted
building codes of Apache Junction.'
g) Cultivation shall be limited to a closet, room,
greenhouse, or other enclosed area on the grounds
of the residence equipped with la lock or other
security device that prevents access by minors .
h) Cultivation shall take place in an area where the
marijuana; plants are not visible from public view
without using binoculars, aircraft, or other
optical aids .
i) Cultivation as part of a Nome based occupation is
not allowed.
11
City ofApache Junction
Development Services Department
PLANNING AND ZONING COMMISSION
PUBLIC HEARING STAFF REPORT
DATE: March 23, 2021
CASE NUMBER: AM-1-20
REQUEST: Presentation, discussion and consideration
on proposed Text Amendment to the Apache
Junction City Code, Volume II, Land
Development Code, Chapter 1 : Zoning
Ordinance, Article 1-6 : Supplemental
Regulations, Section 1-6-12, Medical
Marijuana; Section 1-5-3 Non-Residential
Use Regulations; and Article 1-17 :
Definitions .
BACKGROUND
On November 3, 2020, as part of the general election, the voters
of Arizona passed the "Smart and Safe Arizona Act", a citizen
initiative......" relating to the responsible adult use, regulation
and taxation of marijuana", also referred to as recreational
marijuana.
On December 1, 2020, the City Council directed Planning Staff to
amend the Zoning Text that addresses the medical marijuna
criteria to include recreational marijuana, as follows :
"Councilmember Rizzi moved, seconded by Mayor Serdy to direct
staff to allow existing dispensaries to become dual licensees :
require CUP amendment process, operate under the same rules as
existing dispensaries, allow recreational marijuana sales too,
but no cultivation or processing, allow medical marijuana to
convert to recreational marijuana through CUP amendment, the
code to still allow for medical marijuana cultivation and
infusion kitchens . Councilmember Evans motioned to add on to
Councilmember Rizzi ' s motion that marijuana be treated like
retail and liquor stores in the B-1, B-2 and B-3 zones . "
At a work session on February 23, 2021, the Planning and Zoning
Commission was presented with two text change options regarding
"Medical Marijuana Text Amendments"Case AM-1-20
March 23,2021 Planning and Zoning Commission Staff Report
the integration of recreational marijuana into the existing
medical marijuana regulations .
Version 1 allowed dual licensee facilities with the city, but
did not allow new standalone recreational marijuana
establishments or recreational marijuana testing facilities .
Version 2 allowed standalone recreational marijuana
establishments in the B-1, B-2 and B-3 zoning district, did not
allow recreational marijuana testing facilities, and imposed the
same regulations as existing medical marijuana dispensaries .
The Planning and Zoning Commission recommended that staff move
forward with Version 2, provided that recreational marijuana
establishments were treated the same as existing medical
marijuana dispensaries, including the spacing requirements .
PROPOSAL
The draft amendments are being presented to the planning and
zoning commission for their recommendation to the city council .
The proposed text amendment is case AM-1-20, a request to amend
the medical marijuana regulations to include recreational
marijuana.
Revised Section 1-6-12 Medical and Recreational Marijuana:
- Medical Marijuana Criteria:
o All regulations for medical marijuana facilities are
to remain the same . Minor text changes have been made
for clarification.
o The addition of regulations surrounding dual licensees
has been added to the medical marijuana regulations .
- Recreational Marijuana Criteria:
o Recreational marijuana establishments will be treated
in the same manner as medical marijuana facilities .
o Regulations include the home cultivation of
recreational marijuana for individuals 21 years of age
or older.
Section 1-5-2 Non-Residential Use Regulations
- Table 1-5-2 will be revised to include provisions regarding
recreational marijuana.
"Medical Marijuana Text Amendments"Case AM-1-20
March 23,2021 Planning and Zoning Commission Staff Report
Article 1-17 : Definitions
- Definitions within this article will be revised to reflect
the words and phrases that are described in the newly
amended medical and recreational marijuana regulations .
PLANNING DIVISION RECOMMENDATION
Planning staff recommends approval of the proposed text
amendment and offers the following recommended motion to update
the Apache Junction City Code, Volume II, Land Development Code,
Chapter 1 : Zoning Ordinance, Article 1-6 : Supplemental
Regulations, Section 1-6-12, Medical Marijuana, Section 1-5-3
Non-Residential Use Regulations, and Article 1-17 : Definitions
to include regulations regarding recreational marijuana.
RECOMMENDED MOTION
I move that the Planning and Zoning Commission recommend to the
Apache Junction City Council the (APPROVAL/DENIAL) of text
amendment case AM-1-20, an amendment to the Apache Junction City
Code, Volume II, Land Development Code, Chapter 1 : Zoning
Ordinance, Article 1-6 : Supplemental Regulations, Section 1-6-
12, Medical Marijuana; Section 1-5-3 Non-Residential Use
Regulations; and Article 1-17 : Definitions described in the
attached text exhibits dated March 17, 2021 .
Prepared by Kelsey Schattnik
Planner
Attachments:
Exhibit #1 - Revised Medical Marijuana Ordinance ("Clean"
Version 2)_(March 17, 2021)
Exhibit #2 - Revised Medical Marijuana Ordinance ("Marked-up"
Version 2)_(March 17, 2021)
Exhibit #3 - Revised Section 1-5-3 Non-Residential Use Regulations and
Article 1-17 Definitions (March 17, 2021)
Exhibit #4 - Revised Medical Marijuana Ordinance (Version 1)_
(Presented to Planning and Zoning Commission on February 23, 2021)
"Medical Marijuana Text Amendments"Case AM-1-20
March 23,2021 Planning and Zoning Commission Staff Report
CITY OF APACHE JUNCTION MARIJUANA REGULATIONS (Version 2)
March 17, 2021
1-6-12 MEDICAL AND RECREATIONAL MARIJUANA
A. Medical Marijuana:
1. Permit Required. A CUP shall be required for the establishment of nonprofit medical
marijuana facilities, including dispensaries, cultivation facilities, and infusion
facilities. The requirements of this section,for the establishment of a nonprofit
medical marijuana use, may also be accomplished through a planned development
("PD") rezoning process or PD major amendment process.
2. Number of Facilities Allowed in City.The total number of nonprofit medical
marijuana dispensaries, cultivation facilities, and infusion facilities shall be as
allowed by state statute for the Apache Junction Community Health Analysis Area
("CHAA"). (See A.R.S.Title 36, Chapter 28.1 Arizona Medical Mariivana Act, for
definitions and statutes pertaining to medical marijuana.)
3. Allowed Zoning Districts.
a) Location of nonprofit medical marijuana dispensaries shall be allowed in the
city's B-1, B-2, B-4 and B-5 zoning districts.
b) Location of a cultivation facility and/or a stand-alone nonprofit medical
marijuana infusion facility which serves one or more nonprofit medical
marijuana dispensaries shall be limited to the city's B-5 zoning district.
c) An existing medical marijuana facility that has received CUP approval from
the city prior to the effective date of this ordinance, shall be allowed to
continue operating at the approved location, regardless of any newly
defined spacing requirements; and as long as said operation remains in strict
accordance with the conditions of approval of said facility, or as may
otherwise be approved by a CUP amendment or renewal.
4. An existing medical marijuana establishment that intends to become a dual licensee
to sell recreational marijuana shall present proof of dual licensee status to the city's
business license office; and
a) Is permitted by the State of Arizona to operate both a nonprofit medical
marijuana dispensary and a marijuana establishment at a shared location;
and
1
b) Has not terminated its status as a dual licensee with the Arizona Department
of Health Services ("ADHS") by forfeiting either its marijuana establishment
license or non-profit medical marijuana dispensary registration.
5. Facility Security. Medical marijuana dispensaries, cultivation facilities, and infusion
facilities shall be located in a fully enclosed locked facility, to include only a
permanent building (walls and a roof) and not in a cargo container, RV,trailer, or
motor vehicle. If a green house is used as a cultivation facility, reasonable measures
shall be taken to obscure the visibility of the marijuana plants from outside the
building.
6. Applications. A CUP application for medical marijuana dispensaries, cultivation
facilities or infusion facilities shall include all the information required on the CUP
application form and the following supplemental information:
a) Signature and consent on the application form by the property owner of
record that he or she is aware the property will be used for medical
marijuana dispensing, cultivating or infusion.
b) A copy of the preliminary approval from the ADHS, such as a registration
certificate,for the nonprofit medical marijuana dispensary, nonprofit
medical marijuana dispensary off-site cultivation facility or stand-alone
nonprofit medical marijuana infusion facility, or dual licensee and a written
assurance that all nonprofit medical marijuana dispensary agents associated
with the approved facility shall register with the Apache Junction Police
Department upon final approval to operate from ADHS, as well as a copy of
said final approval document.
c) Application and all applicable fees paid as required by Apache Junction City
Code,Volume I; Chapter 8, Business, and the Apache Junction City Tax Code
as amended.
d) A detailed site plan and floor plan for the facility prepared in accordance
with Section 1-16-9, and narrative explaining the operation of the facility and
hours of operation.
7. Conditions of Approval.The conditions of approval which maybe considered by the
planning and zoning commission in evaluating these requests include the following:
a) Required Spacing Requirements:
i. A minimum of 1,320 feet between another dispensary, cultivation
facility or infusion facility, as measured from nearest building wall to
nearest building wall.
2
ii. A minimum of 750 feet between a dispensary, cultivation facility or
infusion facility and any public or private education institution
(inclusive of public or private charter schools), library, public park,
commercial-zoned day care facility,free-standing church, drug
and/or alcohol rehabilitation center, or group home, as measured
from nearest building wall of the business to the nearest building
wall of the protected use.
8. Operating Requirements:
a) Drive-through pickup windows shall not be allowed. Delivery service shall be
allowed as per state statute.
b) Outdoor seating areas at dispensaries, cultivation facilities or infusion
facilities shall not be allowed.
c) A medical marijuana facility shall submit a security plan containing the
following information:
i. Proof that any cultivation and storage of medical marijuana will take
place in an "enclosed locked facility (with walls and a roof and not a
manufactured or factory built building or cargo container)" equipped
with locks or other security devices that permit access only by
persons authorized to enter pursuant to state and local law.
ii. A floor plan that details the security measures required by state law,
including an on-site alarm system,video surveillance devices and a
single secure entrance.
iii. Explanation, narrative, or protocols against medical marijuana
diversion and theft.
iv. Provide and continuously update as needed a current list of all
persons who are authorized to access the dispensary, off-site
cultivation site or infusion facility.
d) On-site consumption of medical marijuana at a dispensary, cultivation
facility or infusion facility shall not be allowed.
e) The size of facility in terms of square footage, building height or other
factors shall be consistent with the character of existing or planned
surrounding development.
f) Signage that will be visible from the exterior of the facility may be approved
by the city if all sign code regulations have been met. The use of the
marijuana leaf symbol shall not be allowed on any exterior signage.
3
9. Other Conditions. The planning and zoning commission may deem it necessary to
apply other conditions to conserve and promote the public health, safety,
convenience and general welfare, including:
a) Compliance with all city-adopted zoning, landscaping, engineering, building,
design guidelines, overlay district and/or planned development district
requirements.
b) The commission shall reserve the right to revoke a CUP for noncompliance
with any condition prescribed as part of the permit approval or if the use is
demonstrated to be a nuisance or hazard to the neighborhood or
community.
c) Hours of operation will be addressed through the CUP process.
d) Allowing and accommodating unannounced inspections by law enforcement
officials at anytime the facility is occupied and/or operating, emergency
contact information, alarm permit and other items for the reasonable,
transparent and safe operation of the facility.
3. Medical Mariivana Patient Home Cultivation. In the event that a qualifying patient
residing in the city lives 25 miles or farther from a dispensary, said individual or his
or her designated caregiver may cultivate no more than 12 marijuana plants at the
place of primary residence (including a manufactured home or a recreational
vehicle) of the qualifying patient, with owner's permission, without need to apply
for a CUP. However, said individual or his or her designated caregiver shall apply the
same types of precautions as above for security, use, documentation and must
advise the chief of police of his or her intent to cultivate marijuana at home. At such
time as a dispensary is located within 25 miles from the qualifying patient's home,
all cultivation of marijuana plants in the home must cease or shall be considered a
zoning violation, among other possible local, state and federal law violations. Any
change in residence location shall be reported to the chief of police within 30 days.
4. Medical Mariivana Caregiver Home Cultivation. In the event that a designated
caregiver whose residence is in the city limits is cultivating marijuana for the
qualifying patient or patients in his or her care, and whose qualifying patient or
patients in his or her care live 25 miles or farther from a dispensary, said designated
caregiver may cultivate no more than 12 marijuana plants per patient at the place of
primary residency of the designated caregiver (including a manufactured home or a
recreational vehicle), with homeowner's permission, without need to apply for a
CUP. However, said designated caregiver shall apply the same types of precautions
as above for security, use, documentation and must advise the chief of police of his
or her intent to cultivate marijuana at home for the benefit of his or her qualifying
patient or patients.At such time as a dispensary is located within 25 miles from the
4
designated caregiver's home, all cultivation of marijuana plants in the home must
cease or shall be considered a zoning violation, among other possible local, state
and federal law violations. Any change in residence location shall be reported to the
chief of police within 30 days.
B. Recreational Marijuana
1. All provisions in this section are pursuant to A.R.S.Title 36, Chapter 28.2 Responsible
Adult Use of Mariivana.
2. Permit Required.A CUP shall be required for the establishment of recreational
marijuana establishments.The requirements of this section,for the establishment of a
marijuana use, may also be accomplished through a planned development("PD")
rezoning process or PD major amendment process.
3. Allowed Zoning Districts. Location of marijuana establishments shall be allowed in the
city's B-1, B-2, B-3 and B-4 zoning districts.
4. Facility Security. Recreational marijuana establishments shall be located in a fully
enclosed locked facility, to include only a permanent building (walls and a roof) and
not in a cargo container, RV,trailer, or motor vehicle.
5. Applications. A CUP application for recreational marijuana establishments shall
include all the information required on the CUP application form and the following
supplemental information:
a) Signature and consent on the application form by the property owner of
record that he or she is aware the property will be used for a recreational
marijuana establishment.
b) A copy of the preliminary approval from the Arizona Department of Health
Services ("ADHS"), such as a registration certificate, for a marijuana
establishment, and a written assurance that all marijuana establishment
agents associated with the approved facility shall register with the Apache
Junction Police Department upon final approval to operate from ADHS, as
well as a copy of said final approval document.
c) Application and all applicable fees paid as required by Apache Junction City
Code,Volume 1; Chapter 8, Business, and the Apache Junction City Tax Code
as amended.
d) A detailed site plan and floor plan for the facility prepared in accordance
with Section 1-16-9, and narrative explaining the operation of the facility and
hours of operation.
5
6. Conditions of Approval.The conditions of approval which may be considered by the
planning and zoning commission in evaluating these requests include the following:
a) Required Spacing Requirements:
i. A minimum of 1,320 feet between another medical marijuana use
(inclusive of dual licensee facilities) or recreational marijuana
establishment as measured from nearest building wall to nearest
building wall.
ii. A minimum of 750 feet between another medical marijuana use
(inclusive of dual licensee facilities) or recreational marijuana
establishment and any public or private education institution
(inclusive of public and private charter schools), library, public park,
commercial-zoned day care facility,free-standing church, drug
and/or alcohol rehabilitation center, or group home as measured
from nearest building wall of the business to the nearest building
wall of the protected use.
7. Operating Requirements:
a) Drive-through pickup windows shall not be allowed, but delivery service
shall be allowed as per state statute.
b) Outdoor seating areas at recreational establishments shall not be allowed.
c) A recreational marijuana facility shall submit a security plan containing the
following information:
i. Proof that any cultivation and storage of marijuana will take place in
an "enclosed, locked facility(with walls and a roof and not a
manufactured or factory built building or cargo container)" equipped
with locks or other security devices that permit access only by
persons authorized to enter pursuant to state and local law.
ii. A floor plan that details the security measures required by state law,
including an on-site alarm system,video surveillance devices and a
single secure entrance.
iii. Explanation, narrative, or protocols against marijuana diversion and
theft.
iv. Provide and continuously update as needed a current list of all
persons who are authorized to access the establishment.
d) On-site consumption of marijuana establishment shall not be allowed.
6
e) The size of facility in terms of square footage, building height or other
factors shall be consistent with the character of existing or planned
surrounding development.
f) Signage that will be visible from the exterior of the facility may be approved
by the city if all sign code regulations have been met. The use of the
marijuana leaf symbol shall not be allowed on any exterior signage.
8. Other Conditions.The planning and zoning commission may deem it necessary to
apply other conditions to conserve and promote the public health, safety,
convenience and general welfare, including:
a) Compliance with all city-adopted zoning, landscaping, engineering, building,
design guidelines, overlay district and/or planned development district
requirements.
b) The commission shall reserve the right to revoke a CUP for noncompliance
with any condition prescribed as part of the permit approval or if the use is
demonstrated to be a nuisance or hazard to the neighborhood or
community.
c) Hours of operation will be addressed through the CUP process.
d) Allowing and accommodating unannounced inspections by law enforcement
officials at anytime the facility is occupied and/or operating, emergency
contact information, alarm permit and other items for the reasonable,
transparent and safe operation of the facility.
9. The operation of a recreational marijuana testing facility is prohibited.
10. The commercial cultivation and processing of recreational marijuana as a standalone
use is prohibited.
11. Home Cultivation.
a) It shall be unlawful for any individual who is at least twenty-one (21)years of
age to possess, transport, cultivate or process more than six(6) marijuana
plants.
b) It shall be unlawful for two or more individuals who are at least twenty-one
(21)years of age to possess, transport, cultivate or process more than
twelve (12) marijuana plants at the individuals' primary residence.
7
c) Except as provided by A.R.S §36-2801 et al. and this Section, it shall be
unlawful for an individual to otherwise cultivate marijuana in a residential
zoning district within Apache Junction.
d) Individuals shall not process or manufacture marijuana by means of any
liquid or gas other than alcohol,that has a flashpoint below one hundred
(100) degrees Fahrenheit.
e) Kitchen, bathrooms, and primary bedroom(s) shall be used for their
intended use and shall not be used primarily for residential marijuana
processing, manufacturing, or cultivation.
f) A residence shall not emit dust,fumes,vapors, or odors into the
environment and individuals shall ensure that ventilation, air filtration,
building and design standards are compatible with adjacent uses and the
requirement of adopted building codes of Apache Junction.
g) Cultivation shall be limited to a closet, room,greenhouse, or other enclosed
area on the grounds of the residence equipped with a lock or other security
device that prevents access by minors.
h) Cultivation shall take place in an area where the marijuana plants are not
visible from public view without using binoculars, aircraft, or other optical
aids.
i) Cultivation as part of a home based occupation is not allowed.
8
CITY OF APACHE JUNCTION MARIJUANA REGULATIONS (Version 2)
March 17, 2021
1-6-12 MEDICAL AND RECREATIONAL MARIJUANA
A. Medical Marijuana:
1. Permit Required. A CUP shall be required for the establishment of nonprofit medical
marijuana facilities, including dispensaries, cultivation facilities, and infusion
facilities. The requirements of this section,for the establishment of a nonprofit
medical marijuana use, may also be accomplished through a planned development
("PD") rezoning process or PD major amendment process.
2. Number of Facilities Allowed in City.The total number of nonprofit medical
marijuana dispensaries, cultivation facilities, and infusion facilities shall be as
allowed by state statute for the Apache Junction Community Health Analysis Area
("CHAA"). (See A.R.S.Title 36, Chapter 28.1 Arizona Medical Mariivana Act, for
definitions and statutes pertaining to medical marijuana.)
3. Allowed Zoning Districts.
a) Location of nonprofit medical marijuana dispensaries shall be allowed in the
city's B-1, B-2, B-4 and B-5 zoning districts.
b) Location of a cultivation facility and/or a stand-alone nonprofit medical
marijuana infusion facility which serves one or more nonprofit medical
marijuana dispensaries shall be limited to the city's B-5 zoning district.
c) An existing medical marijuana facility that has received CUP ,'
rn4 approval from the city prior to the effective date of this
ordinance, shall be allowed to continue operating at the approved location,
regardless of any newly defined spacing requirements; and as long as said
operation remains in strict accordance with the conditions of approval of
said facility, or as may otherwise be approved by a CUP amendment or
renewal.
4. An existing medical marijuana establishment that intends to become a dual licensee
to sell recreational marijuana shall present proof of dual licensee status to the city's
business license office; and
a) Is permitted by the State of Arizona to operate both a nonprofit medical
marijuana dispensary and a marijuana establishment at a shared location;
and
1
b) Has not terminated its status as a dual licensee with the Arizona Department
of Health Services ("ADHS") by forfeiting either its marijuana establishment
license or non-profit medical marijuana dispensary registration.
5. Facility Security. Medical marijuana dispensaries, cultivation facilities, and infusion
facilities shall be located in aR a fully enclosed locked facility,F .a-a to include
only a permanent cl°#-e building(walls and a roof) and not in a cargo container, RV,
trailer, or motor vehicle. If a green house is used as a cultivation facility, reasonable
measures shall be taken to obscure the visibility of the marijuana plants from
outside the building.
6. Applications. A CUP application for medical marijuana dispensaries, cultivation
facilities or infusion facilities shall include all the information required on the CUP
application form and the following supplemental information:
a) Signature and consent on the application form by the property owner of
record that he or she is aware the property will be used for medical
marijuana dispensing, cultivating or infusion.
b) A copy of the preliminary approval from the ADHS - t o
...Nf_4t4--S,efvic-4-s4-LD4SL'4, such as a registration certificate,for the nonprofit
medical marijuana dispensary, nonprofit medical marijuana dispensary off-
site cultivation facility or stand-alone nonprofit medical marijuana infusion
facility, or dual licensee and a written assurance that all nonprofit medical
marijuana dispensary agents associated with the approved facility shall
register with the Apache Junction Police Department upon final approval to
operate from ADHS, as well as a copy of said final approval document.
c) Application and all applicable fees paid as required by Apache Junction City
Code,Volume I; Chapter 8, Business, and the Apache Junction City Tax Code
as amended.
d) A detailed site plan and floor plan for the facility prepared in accordance
with Section 1-16-9, and narrative explaining the operation of the facility and
hours of operation.
7. Conditions of Approval.The conditions of approval which maybe considered by the
planning and zoning commission in evaluating these requests include the following:
a) Required Spacing Requirements:
i. A minimum of 1,320 feet between another dispensary, cultivation
facility or infusion facility, as measured from nearest building wall to
nearest building wall.
2
ii. A minimum of 750 feet between a dispensary, cultivation facility or
infusion facility and any public or private education institution
(inclusive of public or private charter schools), library, public park,
commercial-zoned day care facility,free-standing church, drug
and/or alcohol rehabilitation center, or group home, as measured
from nearest building wall of the business to the nearest building
wall of the protected use.
8. Operating Requirements:
a) Drive-through pickup windows shall not be allowed. Delivery service shall be
allowed as per state statute.
b) Outdoor seating areas at dispensaries, cultivation facilities or infusion
facilities shall not be allowed.
c) A medical marijuana facility shall submit a security plan containing the
following information:
i. Proof that any cultivation and storage of medical marijuana will take
place in an "enclosed locked facility (with walls and a roof and not a
manufactured or factory built building or cargo container)" equipped
with locks or other security devices that permit access only by
persons authorized to enter pursuant to state and local law.
ii. A floor plan that details the security measures required by state law,
including an on-site alarm system, video surveillance devices and a
single secure entrance.
iii °ti Explanation, narrative, or protocols
against medical marijuana diversion and theft.
iv. Provide and continuously update as needed a current list of all
persons who are authorized to access the dispensary, off-site
cultivation site or infusion facility.
d) On-site consumption of medical marijuana at a dispensary, cultivation
facility or infusion facility shall not be allowed.
p ._,-� es-;
3
f) The size of facility in terms of square footage, building height or other
factors shall be consistent with the character of existing or planned
surrounding development.
g) Signage that will be visible from the exterior of the facility may be approved
by the city if all sign code regulations have been met. The use of the
marijuana leaf symbol shall not be allowed on any exterior signage.
9. Other Conditions. The planning and zoning commission may deem it necessary to
apply other conditions to conserve and promote the public health, safety,
convenience and general welfare, including:
a) Compliance with all city-adopted zoning, landscaping, engineering, building,
design guidelines, overlay district and/or planned development district
requirements.
b) The commission shall reserve the right to revoke a CUP for noncompliance
with any condition prescribed as part of the permit approval or if the use is
demonstrated to be a nuisance or hazard to the neighborhood or
community.
c) Hours of operation will be addressed through the CUP process.
d) Allowing and accommodating unannounced inspections by law enforcement
officials at anytime the facility is occupied and/or operating, emergency
contact information, alarm permit and other items for the reasonable,
transparent and safe operation of the facility.
3. Medical Mariivana Patient Home Cultivation. In the event that a qualifying patient
residing in the city lives 25 miles or farther from a dispensary, said individual or his
or her designated caregiver may cultivate no more than 12 marijuana plants at the
place of primary residence (including a manufactured home or a recreational
vehicle) of the qualifying patient, with owner's permission, without need to apply
for a CUP. However, said individual or his or her designated caregiver shall apply the
same types of precautions as above for security, use, documentation and must
advise the chief of police of his or her intent to cultivate marijuana at home. At such
time as a dispensary is located within 25 miles from the qualifying patient's home,
all cultivation of marijuana plants in the home must cease or shall be considered a
zoning violation, among other possible local, state and federal law violations. Any
change in residence location shall be reported to the chief of police within 30 days.
4. Medical Marijuana Caregiver Home Cultivation. In the event that a designated
caregiver whose residence is in the city limits is cultivating marijuana for the
qualifying patient or patients in his or her care, and whose qualifying patient or
4
patients in his or her care live 25 miles or farther from a dispensary, said designated
caregiver may cultivate no more than 12 marijuana plants per patient at the place of
primary residency of the designated caregiver (including a manufactured home or a
recreational vehicle), with homeowner's permission, without need to apply for a
CUP. However, said designated caregiver shall apply the same types of precautions
as above for security, use, documentation and must advise the chief of police of his
or her intent to cultivate marijuana at home for the benefit of his or her qualifying
patient or patients. At such time as a dispensary is located within 25 miles from the
designated caregiver's home, all cultivation of marijuana plants in the home must
cease or shall be considered a zoning violation, among other possible local, state
and federal law violations. Any change in residence location shall be reported to the
chief of police within 30 days.
B. Recreational Marijuana
1. All provisions in this section are pursuant to A.R.S.Title 36, Chapter 28.2 Responsible
Adult Use of Mariivana.
2. Permit Required.A CUP shall be required for the establishment of recreational
marijuana establishments.The requirements of this section,for the establishment of a
marijuana use, may also be accomplished through'a planned development("PD")
rezoning process or PD major;amendment process.
3. Allowed Zoning Districts. Location of marijuana establishments shall be allowed in the
city's B-1 B-2, B-3 and<B-4 zoning districts.
4. Facility Security. Recreational marijuana establishments shall be located in a fully
enclosed locked facility,to include only a permanent building(walls and a roof) and
not in a cargo container, RV,trailer, or motor vehicle.
5. Applications. A CUP application for recreational marijuana establishments shall
include all the information required on the CUP application form and the following
supplemental information:
a) Signature and consent on the application form by the property owner of
record that he or she is aware the property will be used for a recreational
marijuana establishment.
b) A copy of the preliminary approval from the Arizona Department of Health
Services ("ADHS"), such as a registration certificate, for a marijuana
establishment, and a written assurance that all marijuana establishment
agents associated with the approved facility shall register with the Apache
Junction Police Department upon final approval to operate from ADHS, as
well as a copy of said final approval document.
5
c) Application and all applicable fees paid as required by Apache Junction City
Code,Volume I; Chapter 8, Business, and the Apache Junction City Tax Code
as amended.
d) A detailed site plan and floor plan for the facility prepared in accordance
with Section 1-16-9,'and narrative explaining the operation of the facility and
hours of operation.
6. Conditions of Approval.The conditions of approval which maybe considered by the
planning and zoning commission in evaluating these requests include the following:
a) Required Spacing Requirements:
i. A minimum of 1,320 feet between another medical marijuana use
(inclusive of dual licensee facilities) or recreational marijuana
establishment as measured from nearest building wall to nearest
building wall.
ii. A minimum of 750 feet between another medical marijuana use
(inclusive of dual licensee facilities) or recreational marijuana
establishment and any public or private education institution
(inclusive of public and private charter schools), library, public park,
commercial-zoned day care facility,free-standing church, drug
and/or alcohol rehabilitation center, or group home as measured
from nearest building wall of the business to the nearest building
wall of the protected use.
7. Operating Requirements:
a) Drive-through pickup windows shall not be allowed, but delivery service
shall be allowed as per state statute.
b) Outdoor seating areas at recreational establishments shall not be allowed.
c) A recreational marijuana facility shall submit a security plan containing the
following information:
i. Proof that any cultivation and storage of marijuana will take place in
an "enclosed, locked facility(with walls and a roof and not a
manufactured or factory built building or cargo container)"equipped
with locks or other security devices that permit access only by
persons authorized to enter pursuant to state and local law.
6
ii. A floor plan that details the security measures required by state law,
including an on-site alarm system,video surveillance devices and a
single secure entrance.
iii. Explanation,narrative, or protocols against marijuana diversion and
theft
iv. Provide and continuously update as needed a current list of all
persons who are authorized to access the establishment.
d) On-site consumption of marijuana establishment shall not be allowed.
e) The size of facility in terms of square footage, building height or other
factors shall be consistent with the character of existing or planned
surrounding development.
f) Signage that will be visible from the exterior of the facility may be approved
by the city if all sign code regulations have been met. The use of the
marijuana leaf symbol shall not be allowed on any exterior signage.
8. Other Conditions.The planning and zoning commission may deem it necessary to
apply other conditions to conserve and promote the public health, safety,
convenience and general welfare, including:
a) Compliance with all city-adopted zoning, landscaping,engineering, building,
design guidelines, overlay district and/or planned development district
requirements:
b) The commission shall reserve the right to revoke a CUP for noncompliance
with any condition prescribed as part of the permit approval or if the use is
demonstrated to be'a nuisance or hazard to the neighborhood or
community.
c) Hours of operation will be addressed through the CUP process.
d) Allowing and accommodating unannounced inspections by law enforcement
officials at anytime the facility is occupied and/or operating, emergency
contact information, alarm permit and other items for the reasonable,
transparent and safe operation of the facility.
9. The operation of a recreational marijuana testing facility is prohibited.
7
10. The commercial cultivation and processing of recreational marijuana as a standalone
use is prohibited.
11. Home Cultivation.
a) It shall be unlawful for any individual who is at least twenty-one (21)years of
age to possess,transport, cultivate or process more than six(6) marijuana
plants.
b) It shall be unlawful for two or more individuals who are at least twenty-one
(21)years of age to possess,transport, cultivate or process more than
twelve (12) marijuana plants at the individuals' primary residence.
c) Except as provided by A.R.S§36-2801 et al. and this Section,it shall be
unlawful for an individual to otherwise cultivate marijuana in a residential
zoning district within Apache Junction.
d) Individuals shall not process or manufacture marijuana by means of any
liquid or gas other than alcohol,that has a flashpoint below one hundred
(100) degrees Fahrenheit.
e) Kitchen, bathrooms, and primary bedroom(s) shall be used for their
intended use and shall not be used primarily for residential marijuana
processing, manufacturing,or cultivation.
f) A residence shall not emit dust, fumes,vapors,or odors into the
environment and individuals shall ensure that ventilation, air filtration,
building and design standards are compatible with adjacent uses and the
requirement of adopted building codes of Apache Junction.
g) Cultivation shall be limited to a closet, room,greenhouse, or other enclosed
area on the grounds of the residence equipped with a lock or other security
device that prevents access by minors.
h) Cultivation shall take place in an area where the marijuana plants are not
visible from public view without using binoculars, aircraft, or other optical
aids...._
i) Cultivation as part of a home based occupation is not allowed.
8
CITY OF APACHE JUNCTION MARIJUANA REGULATIONS (Version 1)
February 23, 2021
1-6-12 MEDICAL AND RECREATIONAL MARIJUANA
A. Permit Required. A CUP shall be required for the establishment of nonprofit medical marijuana
' -,;' ' dispensaries, cultivation facilities, and infusion facilities, and recreational
marijuana establishments.The requirements of this section, for the establishment of a
nonprofit medical and/or recreational marijuana use, may also be accomplished through a
planned development("PD") rezoning process or PD major amendment process.
B. Number of Medical Mariivana Facilities Allowed in City.The total number of nonprofit medical
marijuana dispensaries, cultivation facilities, and infusion facilities shall be as allowed by state
statute for the Apache Junction Community Health Analysis Area ("CHAA"). (See A.R.S. Title 36,
Chapter 28.1 Arizona Medical Marijuana Act,for definitions and statutes pertaining to medical
marijuana.)
C. Allowed Zoning Districts.
1) Location of nonprofit medical and/or recreational marijuana establishments
di&pe,n-,a4es shall be allowed in the city's B-1, B-2, B-4 and B-5 zoning districts subject to
a CUP or PD rezoning process.
2) Location of a cultivation facility and/or a stand-alone nonprofit medical marijuana
infusion facility which serves one or more nonprofit medical marijuana dispensaries
shall be limited to the city's B-5 zoning district.
3) An existing medical marijuana establishment fac4mty that has received a CUP _ & a4
u- _ e+rr ' approval from the city prior to the effective date of this ordinance, shall be
allowed to continue operating at the approved location, regardless of any newly defined
spacing requirements; and as long as said operation remains in strict accordance with
the conditions of approval of said facility, or as may otherwise be approved by a CUP
amendment or renewal.
4) An existing medical marijuana establishment that intends to become a dual licensee to
sell recreational marijuana shall present proof of dual licensee status to the city's
business license office; and
a) Is permitted by the State of Arizona to operate both a nonprofit medical marijuana
dispensary and a marijuana establishment at a shared'location; and
b) Has not terminated its status as a dual licensee with the Arizona Department of
Health Services ("ADHS") by forfeiting either its marijuana establishment License or
non-profit medical marijuana dispensary registration.
1
5) The operation of a recreational marijuana testing facility is prohibited.
6) The commercial cultivation and processing of recreational marijuana as'a standalone
use is prohibited.
D. Facility Security. Medical marijuana dispensaries, cultivation facilities, and infusion facilities, and
recreational marijuana establishments shall be located in a fully enclosed locked facility,
-to include only a permanent&ef,+,-e building (walls and'a roof)and not in a cargo container,
RV, trailer, or motor vehicle. If a green house is used as a cultivation facility, reasonable
measures shall be taken to obscure the visibility of the marijuana plants from outside the
building.
E. Applications. A CUP application for medical marijuana dispensaries, cultivation facilities or
infusion facilities, and recreational marijuana establishments shall include all the information
required on the CUP application form and the following supplemental information:
1. Signature and consent on the application form by the property owner of record that
he or she is aware the property will be used for medical marijuana dispensing,
cultivating or infusion, or recreational marijuana.
2. A copy of the preliminary approval from the ADHS S ep rtme f-
such as a registration certificate,for the nonprofit medical
marijuana dispensary, nonprofit medical marijuana dispensary off-site cultivation
facility, stand-alone nonprofit medical marijuana infusion facility, or dual licensee
and a written assurance that all R pry'. �marijuana dispensary agents
associated with the approved facility shall register with the Apache Junction Police
Department upon final approval to operate from ADHS, as well as a copy of said final
approval document.
3. Application and all applicable fees paid as required by Apache Junction City Code,
Volume I; Chapter 8, Business, and the Apache Junction City Tax Code as amended.
4. A detailed site plan and floor plan for the facility prepared in accordance with
Section 1-16-9, and narrative explaining the operation of the facility and hours of
operation.
F. Conditions of Approval.The conditions of approval which maybe considered by the planning
and zoning commission in evaluating these requests include the following:
1. Required Spacing Requirements:
a. A minimum of 1,320 feet between another medical marijuana dispensary,
cultivation facility or infusion facility, or recreational marijuana establishment as
measured from nearest building wall to nearest building wall.
2
b. A minimum of 750 feet between a medical marijuana dispensary, cultivation
facility, -infusion facility, or recreational marijuana establishment and any
public or private education institution (inclusive of public or private charter
schools), library, public park, commercial-zoned day care facility, free-standing
church,ef drug and/or alcohol rehabilitation center, or group home, as
measured from nearest building wall of the business to the nearest building wall
of the protected use.
2. Operating Requirements:
a. Drive-through pickup windows shall not be allowed. Delivery service shall be
allowed as per state statute.
b. Outdoor seating areas at medical marijuana dispensaries, cultivation facilities or
infusion facilities, or recreational medical establishment shall not be allowed.
c. A medical marijuana facility or recreational marijuana establishment shall
submit a security plan containing the following information:
i. Proof that any cultivation and storage of ff*4,_--a4 marijuana will take
place in an "enclosed locked facility (with walls and a roof and not a
manufactured or factory built building or cargo container)" equipped
with locks or other security devices that permit access only by persons
authorized to enter pursuant to state and local law.
ii. A floor plan that details the security measures required by state law,
including an on-site alarm system,video surveillance devices and a single
secure entrance.
iii. .. -a at fot—e -i s;` , Explanation, narrative, or protocols
against l marijuana diversion and theft.
iv. Provide and continuously update as needed a current list of all persons
who are authorized to access the establishment, dispensary, off-site
cultivation site or infusion facility.
d. On-site consumption of 4edk- marijuana and/or marijuana products at a
marijuana establishment, dispensary, cultivation facility or infusion facility shall
not be allowed.
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f. The size of facility in terms of square footage, building height or other factors
shall be consistent with the character of existing or planned surrounding
development.
g. Signage that will be visible from the exterior of the facility may be approved by
the city if all sign code regulations have been met. The use of the marijuana leaf
symbol shall not be allowed on any exterior signage.
3. Other Conditions.The planning and zoning commission may deem it necessary to
apply other conditions to conserve and promote the public health, safety,
convenience and general welfare, including:
a. Compliance with all city-adopted zoning, landscaping, engineering, building,
design guidelines, overlay district and/or planned development district
requirements.
b. The commission shall reserve the right to revoke a CUP for noncompliance with
any condition prescribed as part of the permit approval or if the use is
demonstrated to be a nuisance or hazard to the neighborhood or community.
c. Hours of operation will be addressed through the CUP process.
d. Allowing and accommodating unannounced'inspections by law enforcement
officials at any time the facility is occupied and/or operating, emergency contact
information, alarm permit and other items for the reasonable,transparent and
safe operation of the facility.
4. Medical Mariivana Patient Home Cultivation. In the event that a qualifying patient
residing in the city lives 25 miles or farther from a dispensary, said individual or his
or her designated caregiver may cultivate no more than 12 marijuana plants at the
place of primary residence (including a manufactured home or a recreational
vehicle) of the qualifying patient, with owner's permission, without need to apply
for a CUP. However, said individual or his or her designated caregiver shall apply the
same types of precautions as above for security, use, documentation and must
advise the chief of police of his or her intent to cultivate marijuana at home. At such
time as a dispensary is located within 25 miles from the qualifying patient's home,
all cultivation of marijuana plants in the home must cease or shall be considered a
zoning violation, among other possible local, state and federal law violations. Any
change in residence location shall be reported to the chief of police within 30 days.
5. Medical Marijuana Caregiver Home Cultivation. In the event that a designated
caregiver whose residence is in the city limits is cultivating marijuana for the
qualifying patient or patients in his or her care, and whose qualifying patient or
4
patients in his or her care live 25 miles or farther from a dispensary, said designated
caregiver may cultivate no more than 12 marijuana plants per patient at the place
of primary residency of the designated caregiver(including a manufactured home
or a recreational vehicle), with homeowner's permission, without need to apply for
a CUP. However, said designated caregiver shall apply the same types of
precautions as above for security, use, documentation and must advise the chief of
police of his or her intent to cultivate marijuana at home for the benefit of his or
her qualifying patient or patients. At such time as a dispensary is located within 25
miles from the designated caregiver's home, all cultivation of marijuana plants in
the home must cease or shall be considered a zoning violation, among other
possible local, state and federal law violations. Any change in residence location
shall be reported to the chief of police within 30 days
6. Recreational Marijuana Home Cultivation.
a. It shall be unlawful for any individual who is at least twenty-one (21)years of
age to possess,transport, cultivate or process more than six(6) marijuana
plants.
b. It shall be unlawful for two or more individuals who are at least twenty-one (21)
years of age to possess,transport, cultivate or process more than twelve (12)
marijuana plants at the individuals' primary residence.
c.` Except as provided by A.R.S§ 36-2801 et aL and this Section, it shall be unlawful
for an individual to otherwise cultivate marijuana in a residential zoning district
within Apache Junction.
d. Individuals shall not process or manufacture marijuana by means of any liquid or
gas other than alcohol,that has a flashpoint below one hundred (100);degrees
Fahrenheit.
e.` Kitchen, bathrooms, and primary bedroom(s) shall be used for their intended
use and shall not be used primarily for residential marijuana processing,
manufacturing, or cultivation.
f. A residence shall not emit dust, fumes,vapors, or odors into the environment
and individuals shall ensure that ventilation, air filtration, building and design
standards are compatible with adjacent uses and the requirement of adopted
building codes of Apache Junction.
g. Cultivation shall be limited to a closet, room,greenhouse, or other enclosed area
on the grounds of the residence equipped with a lock or other security device
that prevents access by minors.
h. Cultivation'shall take place in an area where the marijuana plants are not visible
from public view without using binoculars, aircraft, or other optical aids.
5
i. Cultivation as part of a home based occupation is not allowed'.
6
March 17,2021
The Apache Junction City Code,Volume 11, Land Development Code, Chapter 1:Zoning Ordinance, shall
be amended as follows:
Section 1-5-3 Non-Residential Use Regulations,Table 5-3 Non-Residential Use Regulations, shall be
amended with the addition of"Recreational Marijuana Establishments" under use category"Retail
Trade":
Use Category Specific Use Type' B-1 B-2 B-3 B-44 B-54 PI
Gen. Old City Bus Ind. Pub/Inst.
West Cen. Park
Retail Trade Medical Marijuana CUP CUP CUP CUP CUP NO
(NAICS Code Facilities
44-45)
Recreational CUP CUP CUP CUP NO NO
Marijuana
Establishments
Swap Meets and CUP CUP CUP CUP NO CUP
Farmers Markets
ARTICLE 1-17 DEFINISIONS, shall be amended with the addition of the following:
Recreational Marijuana Uses:
a. Chemical Extraction.The process of removing a particular component of a mixture from others
present, including removing resinous tetrahydrocannabinol from marijuana.
b. Chemical Synthesis. Production of a new particular molecule by adding to,subtracting from, or
changing the structure of a precursor molecule.
c. City.The City of Apache Junction.
d. Consume,Consuming,and Consumption.The act of ingesting, inhaling or otherwise introducing
marijuana into the human body, including the inhaling or exhaling of smoke or vapor from an
electronic device that can be used to deliver marijuana or marijuana products to a person,
including, but not limited to, an electronic or vaping cigarette, equipment, or pipe.
e. Consumer.An individual who is at least twenty-one years of age and who purchases marijuana
or marijuana products.
f. Cultivate and Cultivation.To propagate, breed,grow, prepare and package marijuana.
g. Deliver and Delivery.The transportation,transfer or provision of marijuana or marijuana
products to a consumer at a location other than the designated retail location of a marijuana
establishment.
h. Department.The State of Arizona Department of Health Services or its successor agency.
i. Dual Licensee.An entity that holds both a nonprofit medical marijuana dispensary registration
and a marijuana establishment license.
j. Enclosed Area. A building,greenhouse, or other structure that has:
i. A complete roof enclosure supported by connecting walls that are constructed of solid
material extending from the ground to the roof;
ii. Is secure against unauthorized entry;
iii. Has a foundation, slab or equivalent base to which the floor is securely attached; and
iv. Meets performance standards ensuring that cultivation and processing activities cannot
be and are not perceptible from the structure in terms of not being visible from public
view without using binoculars, aircraft or other optical aids and is equipped with a lock
or other security device that prevents access by minors
k. Extraction.The process of extracting or separating resin from marijuana to produce or process
any form of marijuana concentrates using water, lipids,gases, solvents, or other chemicals or
chemical processes.
I. Manufacture and Manufacturing.To compound, blend, extract, infuse or otherwise make or
prepare a marijuana product.
m. Marijuana.All parts of the plant of the genus cannabis,whether growing or not, as well as the
seeds from the plant,the resin extracted from any part of the plant, and every compound,
manufacture, salt, derivative, mixture or preparation of the plant or its seeds or resin; and
includes cannabis as defined in A.R.S. § 13-3401; but does not include industrial hemp,the fiber
produced from the stalks of the plant of the genus cannabis, oil or cake made from the seeds of
the plant, sterilized seeds of the plant that are incapable of germination, or the weight of any
other ingredient combined with marijuana to prepare topical or oral administrations,food, drink
or other products.
n. Marijuana Concentrate:
i. Resin extracted from any part of a plant of the genus cannabis and every compound,
manufacture, salt, derivative, mixture or preparation of that resin or
tetrahydrocannabinol.
ii. Does not include industrial hemp or the weight of any other ingredient combined with
cannabis to prepare topical or oral administrations,food, drink or other products.
o. Marijuana Establishment.An entity licensed by the Department to operate a single retail
location at which the licensee may sell marijuana and marijuana products to consumers,
cultivate marijuana and manufacture marijuana products.
p. Marijuana Products. Marijuana concentrate and products that are composed of marijuana and
other ingredients and that are intended for use or consumption, including edible products,
ointments, and tinctures.
q. Marijuana Testing Facility.The Department or another entity that is licensed by the Department
to analyze the potency of marijuana and test marijuana for harmful contaminants.
r. Nonprofit Medical Marijuana Dispensary.A nonprofit entity as defined in A.R.S. §36-2801(12).
s. Open Space.A public park, public sidewalk, public walkway or public pedestrian thoroughfare.
t. Person. An individual, partnership, corporation, association, or any other entity of whatever
kind or nature.
u. Process and Processing.To harvest, dry, cure,trim or separate parts of the marijuana plant.
v. Public Place.The same meaning prescribed in the Smoke-Free-Arizona Act,A.R.S. § 36-601.01.
w. Smoke.To inhale, exhale, burn, carry or possess any lighted marijuana or lighted marijuana
products, whether natural or synthetic
City of Apache Junction, Arizona 300 E Superstition
Boulevard
Agenda Item Cover Sheet Apache Junction,AZ
85119
Agenda Item No. 13.
File ID: 21-154
Sponsor: Larry Kirch and Kelsey Schattnik Agenda Date:4/6/2021
Index: In Control: City Council Meeting
Presentation, discussion, public hearing and consideration of proposed Ordinance No. 1504,
an Ordinance of the Mayor and City Council of the City of Apache Junction, Arizona, amending
the Apache Junction City Code, Volume 11, Land Development, Chapter 1: Zoning Ordinance, by
adding a new recreational marijuana use category to certain zoning districts and new
recreational marijuana use definitions and adopting by reference that certain document entitled
"2021 Amendments to Apache Junction City Code, Volume 11, Land Development Code,
Chapter 1: Zoning Ordinance, Article 1-5 Zoning Bulk and Use Regulations, § 1-5-3,
Non-Residential Use Regulations, Table 5-3 Non-Residential Use Regulations, and Article 1-17,
§ 1-17-1 Definitions"; repealing any confliction provisions; providing for severability; and
providing for penalties.
City of Apache Junction,Arizona Page 1 Printed on 313112021
City ofApache Junction
Development ServicesDepartment =�� � 4
Date : March 29, 2021
To: Honorable Mayor and City Council Members
Through: Bryant Powell, City Manager
Larry Kirch, Development Services Director
Rudy Esquivias, Planning Manager/Zoning Administrator
From: Kelsey Schattnik, Planner
Subject: April 5, 2021 City Council Work Session, and April 6,
2021, City Council Public Hearing Items .
AM-1-20 (Resolution No. 21-13, Ordinance No. 1502,
Resolution No. 21-15 and Ordinance No. 1504)
Presentation, discussion and consideration on proposed
Text Amendment to the Apache Junction City Code,
Volume II, Land Development Code, Chapter 1 : Zoning
Ordinance, Article 1-6 : Supplemental Regulations,
Section 1-6-12, Medical Marijuana; Article 1-5 Zoning
Bulk and Use Regulations, Section 1-5-3 Non-
Residential Use Regulations; and Article 1-17, Section
1-17-1 Definitions .
Background
On November 3, 2020, the voters of Arizona passed the "Smart and
Safe Arizona Act", a citizen initiative........relating to the
responsible adult use, regulation and taxation of marijuana",
(also referred to as the "recreational marijuana act") .
On December 1, 2020, staff was directed by city council to amend
the current medical marijuana regulations to include
recreational marijuana.
In response to the direction to staff, staff drafted two draft
version of the text amendment changes .
On February 23, 2021, staff held a work session with the
planning and zoning commission to review the two draft text
changes .
Staff was given direction to focus on Version 2, which allows
Recreational Marijuana in the B-1, B-2, and B-3 zoning districts
and regulates Recreational Marijuana in the same manner as
Medical Marijuana.
Planning and Zoning Commission Recommendation
A planning and zoning commission public hearing was held on March
23, 2021 (planning staff report and exhibits attached) .
The commission unanimously recommended approval of the text
amendment dated March 17, 2021 in a vote of 7-0 . The attached
ordinance represents staff' s and the commission' s recommendation.
Council is advised that four (4) separate items are needed to
effect the commission' s changes :
l . Resolution No. 21-13 and 21-15 declare the proposed language
a public record
2 . Ordinance No. 1502 adopts the specific changes to Section 1-
6-12 Medical and Recreational Marijuana
3 . Ordinance No . 1504 adopts incidental changes to the
"commercial uses" and the definitions section of the zoning
ordinance in order to effect the new language adopted by
Ordinance No. 1502 .
Attachments:
- Ordinance No. 1502 (DRAFT)
- Resolution No. 21-13 (DRAFT)
- Ordinance No. 1504 (DRAFT)
- Resolution No. 21-15 (DRAFT)
- Revised Medical marijuana Ordinance (Markedup Version 2) (3.17.2021)
- Table 5-3 Non-Residential Use Regulations and 1-17-1 Definitions
- PZ Staff Report from March 23, 2021, with all attachments.
ORDINANCE NO. 1504
AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY
OF APACHE JUNCTION, ARIZONA, AMENDING THE APACHE
JUNCTION CITY CODE, VOLUME II, LAND DEVELOPMENT, CHAPTER
1 : ZONING ORDINANCE, BY ADDING A NEW RECREATIONAL
MARIJUANA USE CATEGORY TO CERTAIN ZONING DISTRICTS AND
NEW RECREATIONAL MARIJUANA USE DEFINITIONS AND ADOPTING
BY REFERENCE THAT CERTAIN DOCUMENT ENTITLED "2021
AMENDMENTS TO APACHE JUNCTION CITY CODE, VOLUME II, LAND
DEVELOPMENT CODE, CHAPTER 1 : ZONING ORDINANCE, ARTICLE
1-5 ZONING BULK AND USE REGULATIONS, § 1-5-3, NON-
RESIDENTIAL USE REGULATIONS, TABLE 5-3 NON-RESIDENTIAL
USE REGULATIONS, AND ARTICLE 1-17, § 1-17-1
DEFINITIONS"; REPEALING ANY CONFLICTING PROVISIONS;
PROVIDING FOR SEVERABILITY; AND PROVIDING FOR PENALTIES .
WHEREAS, on December 4, 2020, the city council gave direction
to staff to process amendments to the zoning ordinance through the
planning and zoning commission, to accommodate recreational
marijuana uses in the city, pursuant to the approval of
Proposition 207, the Smart and Safe Act, by the voters of Arizona
in the November 2020 general election; and
WHEREAS, necessary amendments to the zoning ordinance include
amendments to § 1-5-3 Non-Residential Use Regulations, Table 5-3
Non-Residential Use Regulations and § 1-17-1 Definitions; and
WHEREAS, the planning and zoning commission held a work
session to review and discuss the proposed amendments on February
23, 2021; and
WHEREAS, on March 23, 2021, the planning and zoning
commission voted 7 to 0 to recommended such amendments to the city
council; and
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL
OF THE CITY OF APACHE JUNCTION, ARIZONA, AS FOLLOWS :
SECTION I IN GENERAL
1 . That existing Apache Junction City Code, Volume II, Land
Development Code, Chapter 1 : Zoning Ordinance, Article 1-5
Zoning Bulk and Use Regulations, § 1-5-3 Non-Residential Use
Regulations, Table 5-3 Non-Residential Use Regulations are
amended as referenced in #2 below, in addition to Article 1-
17 Definitions, § 1-17-1 Definitions of the same code, also
referenced in #2 below.
ORDINANCE NO. 1504
1 OF 3
2 . That certain document known as "2021 Amendments to the
Apache Junction City Code, Volume II, Land Development Code,
Chapter 1 : Zoning Ordinance, Article 1-5 Zoning Bulk and Use
Regulations, § 1-5-3 Non-Residential Use Regulations, Table
5-3, Non-Residential Use Regulations, and Article 1-17, § 1-
17-1 Definitions", at least three paper copies, or one paper
copy and one electronic copy which are accessible on the
city' s website and filed in the office of the city clerk,
which document was made a public record by Resolution No.
21-15 of the City of Apache Junction, Arizona, 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 1, Chapter 1 : GENERAL,
Article 1-8 : PENALTY.
APPROVED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
APACHE JUNCTION THIS DAY OF , 2021 .
SIGNED AND ATTESTED TO THIS DAY OF , 2021 .
WALTER "CHIP" WILSON
Mayor
ORDINANCE NO. 1504
2 OF 3
ATTEST:
JENNIFER PENA
City Clerk
APPROVED AS TO FORM:
RICHARD J. STERN
City Attorney
ORDINANCE NO. 1504
3 OF 3
RESOLUTION NO. 21-15
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 "2021 AMENDMENTS TO THE APACHE JUNCTION
CITY CODE, VOLUME II, LAND DEVELOPMENT CODE, CHAPTER
1 : ZONING ORDINANCE, ARTICLE 1-5 : ZONING BULK AND USE
REGULATIONS, § 1-5-3 NON-RESIDENTIAL USE REGULATIONS,
TABLE 5-3 NON-RESIDENTIAL USE REGULATIONS, AND ARTICLE
1-17, § 1-17-1 DEFINITIONS"; REPEALING ANY CONFLICTING
PROVISIONS, AND PROVIDING FOR SEVERABILITY.
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 three paper copies, or
one paper copy filed with the city clerk and one electronic copy
is accessible on the city' s website and both are available for
public use and inspection; and
WHEREAS, pursuant to A.R. S . §§ 9-801 (1) and 9-802, such
codes include recreational marijuana zoning regulations; and
WHEREAS, a work session on February 23, 2021 and public
hearing on March 23, 2021 were held with the planning and zoning
commission to discuss the proposed amendments; and
WHEREAS, 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 :
SECTION I IN GENERAL
That certain document entitled "2021 Amendments to the Apache
Junction City Code, Volume II, Land Development Code, Chapter 1 :
Zoning Ordinance, Article 1-5 Zoning Bulk and Use Regulations, §
1-5-3 Non-Residential Use Regulations, Table 5-3 Non-Residential
Use Regulations, and Article 1-17, § 1-17-1 Definitions", at
least three paper copies, or one paper copy and one electronic
RESOLUTION NO. 21-15
PAGE 1 OF 3
copy, of which are accessible on the city' S website
(www. apa c he j unc tj onaz gov) ,, and filed in the office of the city
clerk of the city of Apache Junction, Arizona, is hereby
declared to be a public record,, shall be made available for
public use and inspection and said copies are ordered to remain
on file with the city clerk.
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 f 2021 .
SIGNED AND ATTESTED TO THIS DAY OF f 2021 .
WALTER "CHIP" WILSON
Mayor
ATTEST:
JENNIFER PENA
City Clerk
RESOLUTION NO. 21-15
PAGE 2 OF 3
APPROVED AS TO FORM:
RICHARD J. STERN
City Attorney
RESOLUTION NO. 21-15
PAGE 3 OF 3
"2021 Amendments to the Apache Junction City Code, Volume II,
Land Development Code, Chapter 1 : Zoning Ordinance, Article 1-5
Zoning Bulk and Use Regulations, § 1-5-3 Non-Residential Use
Regulations, Table 5-3 Non-Residential Use Regulations, and
Article 1-17, § 1-17-1 Definitions . "
1 . Existing Apache Junction City Code, Volume II, Land
Development Code, Chapter 1 : Zoning Ordinance, Article 1-5
Zoning Bulk and Use Regulations, § 1-5-3 Non-Residential
Use Regulations, Table 5-3 Non-Residential Use Regulations,
is hereby amended to include the following:
Use Specific B-1 B-2 B-3 B-44 B-54 PI
Category Use Type' Gen. Old City Bus Ind. Pub/
West Cen. Park Inst
Retail Medical CUP CUP CUP CUP CUP NO
Trade Marijuana
(NAILS Code Facilities
44-45)
Recreational CUP CUP CUP CUP NO NO
Marijuana
Establishmen
is
Swap Meets CUP CUP CUP CUP NO CUP
and Farmers
Markets
2 Existing Apache Junction City Code, Volume II, Land
Development Code, Chapter 1 : Zoning Ordinance, Article 1-
17, § 1-17-1 Definitions, is hereby amended to include the
following definitions :
Recreational Marijuana Uses :
a. Chemical Extraction. The process of removing a particular
component of a mixture from others present, including
removing resinous tetrahydrocannabinol from marijuana.
b Chemical Synthesis . Production of a new particular molecule
by adding to, subtracting from, or changing the structure of
a precursor molecule .
1
c. City. The City of Apache Junction.
d. Consume, Consuming,, and Consumption. The act of ingesting,;
inhaling or otherwise introducing marijuana into the human
body, including the inhaling or `exhaling' of smoke or vapor
from an electronic device that can be used to deliver
marijuana or marijuana products to a person, including, but
not limited to, an electronic or vaping cigarette,
equipment, or pipe
e . Consumer. An individual; who is at least twenty-one years of
age and who purchases marijuana or marijuana ;products .
f. Cultivate and Cultivation. To propagate, breed, grow,
prepare and package marijuana.
g. Deliver and Delivery. The transportation, transfer or
provision of marijuana or marijuana products to a consumer
at a location other than the designated retail location of a
marijuana establishment.
h. Department. The State of Arizona Department of Health
Services or its successor agency.
i . Dual Licensee . An entity that holds both a nonprofit medical
marijuana dispensary registration and a marijuana
establishment license.'
j . Enclosed Area. A building, greenhouse, or other structure
that has
i A complete roof enclosure supported by connecting walls
that are constructed of solid material extending from
the ground to the roof;
ii Is secure against unauthorized entry;
iii . Has a `sfoundation, slab or equivalent base to which the
floor is securely attached;; and
2
iv. Meets performance standards ensuring that cultivation
and processing activities cannot be and are not
perceptible from the structure in terms of not being
visible from public view without using binoculars,'
aircraft or other optical aids and is equipped with a
lock or other security ;,device that prevents access by
minors'
k. Extraction. The process of extracting or separating resin
from marijuana to produce or process any form of marijuana
concentrates using water, lipids, gases, solvents, or other
chemicals or chemical processes .;
1 . Manufacture and Manufacturing. To compound, blend, extract,i
infuse or otherwise make or prepare a marijuana product.'
m. Marijuana. All parts of the plant of the genus cannabis,
whether growing or not, as well as the seeds from the plant,
the resin extracted from any part of the; plant, and every
compound, manufacture, salt, derivative, mixture or
preparation of the plant or its seeds or resin; and includes
cannabis as defined in A.R. S . § `13-3401; ' but does' not
include industrial hemp, the fiber produced from the stalks
of the plant of the; genus cannabis, oil or cake made from
the seeds of the plant, sterilized seeds of the plant that
are incapable of germination, or the weight of any other
ingredient combined with marijuana to prepare topical or
oral administrations, food, drink or other products .
n. Marijuana Concentrate:
is Resin extracted from any part of a plant of the genus
cannabis and every compound, manufacture, salt,
derivative, mixture or preparation of that resin or
tetrahydrocannabinol
ii . Does not include industrial hemp or' the `weight of any
other ' ingredient combined with cannabis to prepare
topical or oral administrations, food, drink or other
products .,
3
o. Marijuana Establishment. An entity licensed by the
Department to operate a single retail location at which the
licensee may sell marijuana and marijuana products to
consumers, cultivate marijuana and manufacture marijuana
products
p. Marijuana Products . Marijuana concentrate and product's that
are composed of marijuana and other ingredients and that are
intended for use or consumption,' including edible products,
ointments, and ;tinctures
q. Marijuana Testing Facility. The Department or another entity
that is licensed by the Department to analyze the potency; of
marijuana and test marijuana for harmful contaminants`.
r. Nonprofit Medical Marijuana Dispensary. A nonprofit entity
as defined in A.R. S. § 36-2801 {12} .
s . Open Space . A public park, public sidewalk, public walkway
or public pedestrian thoroughfare .'
t. Person. An individual, partnership, corporation,
association, or any other entity of whatever kind or nature.
u. Process and Processing. : To harvest, dry, ; cure, trim or
separate parts of the marijuana plant .
v. Publics Place. The same meaning prescribed in the Smoke-Free-
Arizona Act, A.R. S . § 36-601 . 01
w. Smoke . ; To inhale, exhale, burn, icarry or possess any lighted
marijuana or lighted marijuana products, whether natural or
synthetic
4
City ofApache Junction
Development Services Department
PLANNING AND ZONING COMMISSION
PUBLIC HEARING STAFF REPORT
DATE: March 23, 2021
CASE NUMBER: AM-1-20
REQUEST: Presentation, discussion and consideration
on proposed Text Amendment to the Apache
Junction City Code, Volume II, Land
Development Code, Chapter 1 : Zoning
Ordinance, Article 1-6 : Supplemental
Regulations, Section 1-6-12, Medical
Marijuana; Section 1-5-3 Non-Residential
Use Regulations; and Article 1-17 :
Definitions .
BACKGROUND
On November 3, 2020, as part of the general election, the voters
of Arizona passed the "Smart and Safe Arizona Act", a citizen
initiative......" relating to the responsible adult use, regulation
and taxation of marijuana", also referred to as recreational
marijuana.
On December 1, 2020, the City Council directed Planning Staff to
amend the Zoning Text that addresses the medical marijuna
criteria to include recreational marijuana, as follows :
"Councilmember Rizzi moved, seconded by Mayor Serdy to direct
staff to allow existing dispensaries to become dual licensees :
require CUP amendment process, operate under the same rules as
existing dispensaries, allow recreational marijuana sales too,
but no cultivation or processing, allow medical marijuana to
convert to recreational marijuana through CUP amendment, the
code to still allow for medical marijuana cultivation and
infusion kitchens . Councilmember Evans motioned to add on to
Councilmember Rizzi ' s motion that marijuana be treated like
retail and liquor stores in the B-1, B-2 and B-3 zones . "
At a work session on February 23, 2021, the Planning and Zoning
Commission was presented with two text change options regarding
"Medical Marijuana Text Amendments"Case AM-1-20
March 23,2021 Planning and Zoning Commission Staff Report
the integration of recreational marijuana into the existing
medical marijuana regulations .
Version 1 allowed dual licensee facilities with the city, but
did not allow new standalone recreational marijuana
establishments or recreational marijuana testing facilities .
Version 2 allowed standalone recreational marijuana
establishments in the B-1, B-2 and B-3 zoning district, did not
allow recreational marijuana testing facilities, and imposed the
same regulations as existing medical marijuana dispensaries .
The Planning and Zoning Commission recommended that staff move
forward with Version 2, provided that recreational marijuana
establishments were treated the same as existing medical
marijuana dispensaries, including the spacing requirements .
PROPOSAL
The draft amendments are being presented to the planning and
zoning commission for their recommendation to the city council .
The proposed text amendment is case AM-1-20, a request to amend
the medical marijuana regulations to include recreational
marijuana.
Revised Section 1-6-12 Medical and Recreational Marijuana:
- Medical Marijuana Criteria:
o All regulations for medical marijuana facilities are
to remain the same . Minor text changes have been made
for clarification.
o The addition of regulations surrounding dual licensees
has been added to the medical marijuana regulations .
- Recreational Marijuana Criteria:
o Recreational marijuana establishments will be treated
in the same manner as medical marijuana facilities .
o Regulations include the home cultivation of
recreational marijuana for individuals 21 years of age
or older.
Section 1-5-2 Non-Residential Use Regulations
- Table 1-5-2 will be revised to include provisions regarding
recreational marijuana.
"Medical Marijuana Text Amendments"Case AM-1-20
March 23,2021 Planning and Zoning Commission Staff Report
Article 1-17 : Definitions
- Definitions within this article will be revised to reflect
the words and phrases that are described in the newly
amended medical and recreational marijuana regulations .
PLANNING DIVISION RECOMMENDATION
Planning staff recommends approval of the proposed text
amendment and offers the following recommended motion to update
the Apache Junction City Code, Volume II, Land Development Code,
Chapter 1 : Zoning Ordinance, Article 1-6 : Supplemental
Regulations, Section 1-6-12, Medical Marijuana, Section 1-5-3
Non-Residential Use Regulations, and Article 1-17 : Definitions
to include regulations regarding recreational marijuana.
RECOMMENDED MOTION
I move that the Planning and Zoning Commission recommend to the
Apache Junction City Council the (APPROVAL/DENIAL) of text
amendment case AM-1-20, an amendment to the Apache Junction City
Code, Volume II, Land Development Code, Chapter 1 : Zoning
Ordinance, Article 1-6 : Supplemental Regulations, Section 1-6-
12, Medical Marijuana; Section 1-5-3 Non-Residential Use
Regulations; and Article 1-17 : Definitions described in the
attached text exhibits dated March 17, 2021 .
Prepared by Kelsey Schattnik
Planner
Attachments:
Exhibit #1 - Revised Medical Marijuana Ordinance ("Clean"
Version 2)_(March 17, 2021)
Exhibit #2 - Revised Medical Marijuana Ordinance ("Marked-up"
Version 2)_(March 17, 2021)
Exhibit #3 - Revised Section 1-5-3 Non-Residential Use Regulations and
Article 1-17 Definitions (March 17, 2021)
Exhibit #4 - Revised Medical Marijuana Ordinance (Version 1)_
(Presented to Planning and Zoning Commission on February 23, 2021)
"Medical Marijuana Text Amendments"Case AM-1-20
March 23,2021 Planning and Zoning Commission Staff Report
CITY OF APACHE JUNCTION MARIJUANA REGULATIONS (Version 2)
March 17, 2021
1-6-12 MEDICAL AND RECREATIONAL MARIJUANA
A. Medical Marijuana:
1. Permit Required. A CUP shall be required for the establishment of nonprofit medical
marijuana facilities, including dispensaries, cultivation facilities, and infusion
facilities. The requirements of this section,for the establishment of a nonprofit
medical marijuana use, may also be accomplished through a planned development
("PD") rezoning process or PD major amendment process.
2. Number of Facilities Allowed in City.The total number of nonprofit medical
marijuana dispensaries, cultivation facilities, and infusion facilities shall be as
allowed by state statute for the Apache Junction Community Health Analysis Area
("CHAA"). (See A.R.S.Title 36, Chapter 28.1 Arizona Medical Mariivana Act, for
definitions and statutes pertaining to medical marijuana.)
3. Allowed Zoning Districts.
a) Location of nonprofit medical marijuana dispensaries shall be allowed in the
city's B-1, B-2, B-4 and B-5 zoning districts.
b) Location of a cultivation facility and/or a stand-alone nonprofit medical
marijuana infusion facility which serves one or more nonprofit medical
marijuana dispensaries shall be limited to the city's B-5 zoning district.
c) An existing medical marijuana facility that has received CUP approval from
the city prior to the effective date of this ordinance, shall be allowed to
continue operating at the approved location, regardless of any newly
defined spacing requirements; and as long as said operation remains in strict
accordance with the conditions of approval of said facility, or as may
otherwise be approved by a CUP amendment or renewal.
4. An existing medical marijuana establishment that intends to become a dual licensee
to sell recreational marijuana shall present proof of dual licensee status to the city's
business license office; and
a) Is permitted by the State of Arizona to operate both a nonprofit medical
marijuana dispensary and a marijuana establishment at a shared location;
and
1
b) Has not terminated its status as a dual licensee with the Arizona Department
of Health Services ("ADHS") by forfeiting either its marijuana establishment
license or non-profit medical marijuana dispensary registration.
5. Facility Security. Medical marijuana dispensaries, cultivation facilities, and infusion
facilities shall be located in a fully enclosed locked facility, to include only a
permanent building (walls and a roof) and not in a cargo container, RV,trailer, or
motor vehicle. If a green house is used as a cultivation facility, reasonable measures
shall be taken to obscure the visibility of the marijuana plants from outside the
building.
6. Applications. A CUP application for medical marijuana dispensaries, cultivation
facilities or infusion facilities shall include all the information required on the CUP
application form and the following supplemental information:
a) Signature and consent on the application form by the property owner of
record that he or she is aware the property will be used for medical
marijuana dispensing, cultivating or infusion.
b) A copy of the preliminary approval from the ADHS, such as a registration
certificate,for the nonprofit medical marijuana dispensary, nonprofit
medical marijuana dispensary off-site cultivation facility or stand-alone
nonprofit medical marijuana infusion facility, or dual licensee and a written
assurance that all nonprofit medical marijuana dispensary agents associated
with the approved facility shall register with the Apache Junction Police
Department upon final approval to operate from ADHS, as well as a copy of
said final approval document.
c) Application and all applicable fees paid as required by Apache Junction City
Code,Volume I; Chapter 8, Business, and the Apache Junction City Tax Code
as amended.
d) A detailed site plan and floor plan for the facility prepared in accordance
with Section 1-16-9, and narrative explaining the operation of the facility and
hours of operation.
7. Conditions of Approval.The conditions of approval which maybe considered by the
planning and zoning commission in evaluating these requests include the following:
a) Required Spacing Requirements:
i. A minimum of 1,320 feet between another dispensary, cultivation
facility or infusion facility, as measured from nearest building wall to
nearest building wall.
2
ii. A minimum of 750 feet between a dispensary, cultivation facility or
infusion facility and any public or private education institution
(inclusive of public or private charter schools), library, public park,
commercial-zoned day care facility,free-standing church, drug
and/or alcohol rehabilitation center, or group home, as measured
from nearest building wall of the business to the nearest building
wall of the protected use.
8. Operating Requirements:
a) Drive-through pickup windows shall not be allowed. Delivery service shall be
allowed as per state statute.
b) Outdoor seating areas at dispensaries, cultivation facilities or infusion
facilities shall not be allowed.
c) A medical marijuana facility shall submit a security plan containing the
following information:
i. Proof that any cultivation and storage of medical marijuana will take
place in an "enclosed locked facility (with walls and a roof and not a
manufactured or factory built building or cargo container)" equipped
with locks or other security devices that permit access only by
persons authorized to enter pursuant to state and local law.
ii. A floor plan that details the security measures required by state law,
including an on-site alarm system,video surveillance devices and a
single secure entrance.
iii. Explanation, narrative, or protocols against medical marijuana
diversion and theft.
iv. Provide and continuously update as needed a current list of all
persons who are authorized to access the dispensary, off-site
cultivation site or infusion facility.
d) On-site consumption of medical marijuana at a dispensary, cultivation
facility or infusion facility shall not be allowed.
e) The size of facility in terms of square footage, building height or other
factors shall be consistent with the character of existing or planned
surrounding development.
f) Signage that will be visible from the exterior of the facility may be approved
by the city if all sign code regulations have been met. The use of the
marijuana leaf symbol shall not be allowed on any exterior signage.
3
9. Other Conditions. The planning and zoning commission may deem it necessary to
apply other conditions to conserve and promote the public health, safety,
convenience and general welfare, including:
a) Compliance with all city-adopted zoning, landscaping, engineering, building,
design guidelines, overlay district and/or planned development district
requirements.
b) The commission shall reserve the right to revoke a CUP for noncompliance
with any condition prescribed as part of the permit approval or if the use is
demonstrated to be a nuisance or hazard to the neighborhood or
community.
c) Hours of operation will be addressed through the CUP process.
d) Allowing and accommodating unannounced inspections by law enforcement
officials at anytime the facility is occupied and/or operating, emergency
contact information, alarm permit and other items for the reasonable,
transparent and safe operation of the facility.
3. Medical Mariivana Patient Home Cultivation. In the event that a qualifying patient
residing in the city lives 25 miles or farther from a dispensary, said individual or his
or her designated caregiver may cultivate no more than 12 marijuana plants at the
place of primary residence (including a manufactured home or a recreational
vehicle) of the qualifying patient, with owner's permission, without need to apply
for a CUP. However, said individual or his or her designated caregiver shall apply the
same types of precautions as above for security, use, documentation and must
advise the chief of police of his or her intent to cultivate marijuana at home. At such
time as a dispensary is located within 25 miles from the qualifying patient's home,
all cultivation of marijuana plants in the home must cease or shall be considered a
zoning violation, among other possible local, state and federal law violations. Any
change in residence location shall be reported to the chief of police within 30 days.
4. Medical Mariivana Caregiver Home Cultivation. In the event that a designated
caregiver whose residence is in the city limits is cultivating marijuana for the
qualifying patient or patients in his or her care, and whose qualifying patient or
patients in his or her care live 25 miles or farther from a dispensary, said designated
caregiver may cultivate no more than 12 marijuana plants per patient at the place of
primary residency of the designated caregiver (including a manufactured home or a
recreational vehicle), with homeowner's permission, without need to apply for a
CUP. However, said designated caregiver shall apply the same types of precautions
as above for security, use, documentation and must advise the chief of police of his
or her intent to cultivate marijuana at home for the benefit of his or her qualifying
patient or patients.At such time as a dispensary is located within 25 miles from the
4
designated caregiver's home, all cultivation of marijuana plants in the home must
cease or shall be considered a zoning violation, among other possible local, state
and federal law violations. Any change in residence location shall be reported to the
chief of police within 30 days.
B. Recreational Marijuana
1. All provisions in this section are pursuant to A.R.S.Title 36, Chapter 28.2 Responsible
Adult Use of Mariivana.
2. Permit Required.A CUP shall be required for the establishment of recreational
marijuana establishments.The requirements of this section,for the establishment of a
marijuana use, may also be accomplished through a planned development("PD")
rezoning process or PD major amendment process.
3. Allowed Zoning Districts. Location of marijuana establishments shall be allowed in the
city's B-1, B-2, B-3 and B-4 zoning districts.
4. Facility Security. Recreational marijuana establishments shall be located in a fully
enclosed locked facility, to include only a permanent building (walls and a roof) and
not in a cargo container, RV,trailer, or motor vehicle.
5. Applications. A CUP application for recreational marijuana establishments shall
include all the information required on the CUP application form and the following
supplemental information:
a) Signature and consent on the application form by the property owner of
record that he or she is aware the property will be used for a recreational
marijuana establishment.
b) A copy of the preliminary approval from the Arizona Department of Health
Services ("ADHS"), such as a registration certificate, for a marijuana
establishment, and a written assurance that all marijuana establishment
agents associated with the approved facility shall register with the Apache
Junction Police Department upon final approval to operate from ADHS, as
well as a copy of said final approval document.
c) Application and all applicable fees paid as required by Apache Junction City
Code,Volume 1; Chapter 8, Business, and the Apache Junction City Tax Code
as amended.
d) A detailed site plan and floor plan for the facility prepared in accordance
with Section 1-16-9, and narrative explaining the operation of the facility and
hours of operation.
5
6. Conditions of Approval.The conditions of approval which may be considered by the
planning and zoning commission in evaluating these requests include the following:
a) Required Spacing Requirements:
i. A minimum of 1,320 feet between another medical marijuana use
(inclusive of dual licensee facilities) or recreational marijuana
establishment as measured from nearest building wall to nearest
building wall.
ii. A minimum of 750 feet between another medical marijuana use
(inclusive of dual licensee facilities) or recreational marijuana
establishment and any public or private education institution
(inclusive of public and private charter schools), library, public park,
commercial-zoned day care facility,free-standing church, drug
and/or alcohol rehabilitation center, or group home as measured
from nearest building wall of the business to the nearest building
wall of the protected use.
7. Operating Requirements:
a) Drive-through pickup windows shall not be allowed, but delivery service
shall be allowed as per state statute.
b) Outdoor seating areas at recreational establishments shall not be allowed.
c) A recreational marijuana facility shall submit a security plan containing the
following information:
i. Proof that any cultivation and storage of marijuana will take place in
an "enclosed, locked facility(with walls and a roof and not a
manufactured or factory built building or cargo container)" equipped
with locks or other security devices that permit access only by
persons authorized to enter pursuant to state and local law.
ii. A floor plan that details the security measures required by state law,
including an on-site alarm system,video surveillance devices and a
single secure entrance.
iii. Explanation, narrative, or protocols against marijuana diversion and
theft.
iv. Provide and continuously update as needed a current list of all
persons who are authorized to access the establishment.
d) On-site consumption of marijuana establishment shall not be allowed.
6
e) The size of facility in terms of square footage, building height or other
factors shall be consistent with the character of existing or planned
surrounding development.
f) Signage that will be visible from the exterior of the facility may be approved
by the city if all sign code regulations have been met. The use of the
marijuana leaf symbol shall not be allowed on any exterior signage.
8. Other Conditions.The planning and zoning commission may deem it necessary to
apply other conditions to conserve and promote the public health, safety,
convenience and general welfare, including:
a) Compliance with all city-adopted zoning, landscaping, engineering, building,
design guidelines, overlay district and/or planned development district
requirements.
b) The commission shall reserve the right to revoke a CUP for noncompliance
with any condition prescribed as part of the permit approval or if the use is
demonstrated to be a nuisance or hazard to the neighborhood or
community.
c) Hours of operation will be addressed through the CUP process.
d) Allowing and accommodating unannounced inspections by law enforcement
officials at anytime the facility is occupied and/or operating, emergency
contact information, alarm permit and other items for the reasonable,
transparent and safe operation of the facility.
9. The operation of a recreational marijuana testing facility is prohibited.
10. The commercial cultivation and processing of recreational marijuana as a standalone
use is prohibited.
11. Home Cultivation.
a) It shall be unlawful for any individual who is at least twenty-one (21)years of
age to possess, transport, cultivate or process more than six(6) marijuana
plants.
b) It shall be unlawful for two or more individuals who are at least twenty-one
(21)years of age to possess, transport, cultivate or process more than
twelve (12) marijuana plants at the individuals' primary residence.
7
c) Except as provided by A.R.S §36-2801 et al. and this Section, it shall be
unlawful for an individual to otherwise cultivate marijuana in a residential
zoning district within Apache Junction.
d) Individuals shall not process or manufacture marijuana by means of any
liquid or gas other than alcohol,that has a flashpoint below one hundred
(100) degrees Fahrenheit.
e) Kitchen, bathrooms, and primary bedroom(s) shall be used for their
intended use and shall not be used primarily for residential marijuana
processing, manufacturing, or cultivation.
f) A residence shall not emit dust,fumes,vapors, or odors into the
environment and individuals shall ensure that ventilation, air filtration,
building and design standards are compatible with adjacent uses and the
requirement of adopted building codes of Apache Junction.
g) Cultivation shall be limited to a closet, room,greenhouse, or other enclosed
area on the grounds of the residence equipped with a lock or other security
device that prevents access by minors.
h) Cultivation shall take place in an area where the marijuana plants are not
visible from public view without using binoculars, aircraft, or other optical
aids.
i) Cultivation as part of a home based occupation is not allowed.
8
CITY OF APACHE JUNCTION MARIJUANA REGULATIONS (Version 2)
March 17, 2021
1-6-12 MEDICAL AND RECREATIONAL MARIJUANA
A. Medical Marijuana:
1. Permit Required. A CUP shall be required for the establishment of nonprofit medical
marijuana facilities, including dispensaries, cultivation facilities, and infusion
facilities. The requirements of this section,for the establishment of a nonprofit
medical marijuana use, may also be accomplished through a planned development
("PD") rezoning process or PD major amendment process.
2. Number of Facilities Allowed in City.The total number of nonprofit medical
marijuana dispensaries, cultivation facilities, and infusion facilities shall be as
allowed by state statute for the Apache Junction Community Health Analysis Area
("CHAA"). (See A.R.S.Title 36, Chapter 28.1 Arizona Medical Mariivana Act, for
definitions and statutes pertaining to medical marijuana.)
3. Allowed Zoning Districts.
a) Location of nonprofit medical marijuana dispensaries shall be allowed in the
city's B-1, B-2, B-4 and B-5 zoning districts.
b) Location of a cultivation facility and/or a stand-alone nonprofit medical
marijuana infusion facility which serves one or more nonprofit medical
marijuana dispensaries shall be limited to the city's B-5 zoning district.
c) An existing medical marijuana facility that has received CUP ,'
rn4 approval from the city prior to the effective date of this
ordinance, shall be allowed to continue operating at the approved location,
regardless of any newly defined spacing requirements; and as long as said
operation remains in strict accordance with the conditions of approval of
said facility, or as may otherwise be approved by a CUP amendment or
renewal.
4. An existing medical marijuana establishment that intends to become a dual licensee
to sell recreational marijuana shall present proof of dual licensee status to the city's
business license office; and
a) Is permitted by the State of Arizona to operate both a nonprofit medical
marijuana dispensary and a marijuana establishment at a shared location;
and
1
b) Has not terminated its status as a dual licensee with the Arizona Department
of Health Services ("ADHS") by forfeiting either its marijuana establishment
license or non-profit medical marijuana dispensary registration.
5. Facility Security. Medical marijuana dispensaries, cultivation facilities, and infusion
facilities shall be located in aR a fully enclosed locked facility,F .a-a to include
only a permanent cl°#-e building(walls and a roof) and not in a cargo container, RV,
trailer, or motor vehicle. If a green house is used as a cultivation facility, reasonable
measures shall be taken to obscure the visibility of the marijuana plants from
outside the building.
6. Applications. A CUP application for medical marijuana dispensaries, cultivation
facilities or infusion facilities shall include all the information required on the CUP
application form and the following supplemental information:
a) Signature and consent on the application form by the property owner of
record that he or she is aware the property will be used for medical
marijuana dispensing, cultivating or infusion.
b) A copy of the preliminary approval from the ADHS - t o
...Nf_4t4--S,efvic-4-s4-LD4SL'4, such as a registration certificate,for the nonprofit
medical marijuana dispensary, nonprofit medical marijuana dispensary off-
site cultivation facility or stand-alone nonprofit medical marijuana infusion
facility, or dual licensee and a written assurance that all nonprofit medical
marijuana dispensary agents associated with the approved facility shall
register with the Apache Junction Police Department upon final approval to
operate from ADHS, as well as a copy of said final approval document.
c) Application and all applicable fees paid as required by Apache Junction City
Code,Volume I; Chapter 8, Business, and the Apache Junction City Tax Code
as amended.
d) A detailed site plan and floor plan for the facility prepared in accordance
with Section 1-16-9, and narrative explaining the operation of the facility and
hours of operation.
7. Conditions of Approval.The conditions of approval which maybe considered by the
planning and zoning commission in evaluating these requests include the following:
a) Required Spacing Requirements:
i. A minimum of 1,320 feet between another dispensary, cultivation
facility or infusion facility, as measured from nearest building wall to
nearest building wall.
2
ii. A minimum of 750 feet between a dispensary, cultivation facility or
infusion facility and any public or private education institution
(inclusive of public or private charter schools), library, public park,
commercial-zoned day care facility,free-standing church, drug
and/or alcohol rehabilitation center, or group home, as measured
from nearest building wall of the business to the nearest building
wall of the protected use.
8. Operating Requirements:
a) Drive-through pickup windows shall not be allowed. Delivery service shall be
allowed as per state statute.
b) Outdoor seating areas at dispensaries, cultivation facilities or infusion
facilities shall not be allowed.
c) A medical marijuana facility shall submit a security plan containing the
following information:
i. Proof that any cultivation and storage of medical marijuana will take
place in an "enclosed locked facility (with walls and a roof and not a
manufactured or factory built building or cargo container)" equipped
with locks or other security devices that permit access only by
persons authorized to enter pursuant to state and local law.
ii. A floor plan that details the security measures required by state law,
including an on-site alarm system, video surveillance devices and a
single secure entrance.
iii °ti Explanation, narrative, or protocols
against medical marijuana diversion and theft.
iv. Provide and continuously update as needed a current list of all
persons who are authorized to access the dispensary, off-site
cultivation site or infusion facility.
d) On-site consumption of medical marijuana at a dispensary, cultivation
facility or infusion facility shall not be allowed.
p ._,-� es-;
3
f) The size of facility in terms of square footage, building height or other
factors shall be consistent with the character of existing or planned
surrounding development.
g) Signage that will be visible from the exterior of the facility may be approved
by the city if all sign code regulations have been met. The use of the
marijuana leaf symbol shall not be allowed on any exterior signage.
9. Other Conditions. The planning and zoning commission may deem it necessary to
apply other conditions to conserve and promote the public health, safety,
convenience and general welfare, including:
a) Compliance with all city-adopted zoning, landscaping, engineering, building,
design guidelines, overlay district and/or planned development district
requirements.
b) The commission shall reserve the right to revoke a CUP for noncompliance
with any condition prescribed as part of the permit approval or if the use is
demonstrated to be a nuisance or hazard to the neighborhood or
community.
c) Hours of operation will be addressed through the CUP process.
d) Allowing and accommodating unannounced inspections by law enforcement
officials at anytime the facility is occupied and/or operating, emergency
contact information, alarm permit and other items for the reasonable,
transparent and safe operation of the facility.
3. Medical Mariivana Patient Home Cultivation. In the event that a qualifying patient
residing in the city lives 25 miles or farther from a dispensary, said individual or his
or her designated caregiver may cultivate no more than 12 marijuana plants at the
place of primary residence (including a manufactured home or a recreational
vehicle) of the qualifying patient, with owner's permission, without need to apply
for a CUP. However, said individual or his or her designated caregiver shall apply the
same types of precautions as above for security, use, documentation and must
advise the chief of police of his or her intent to cultivate marijuana at home. At such
time as a dispensary is located within 25 miles from the qualifying patient's home,
all cultivation of marijuana plants in the home must cease or shall be considered a
zoning violation, among other possible local, state and federal law violations. Any
change in residence location shall be reported to the chief of police within 30 days.
4. Medical Marijuana Caregiver Home Cultivation. In the event that a designated
caregiver whose residence is in the city limits is cultivating marijuana for the
qualifying patient or patients in his or her care, and whose qualifying patient or
4
patients in his or her care live 25 miles or farther from a dispensary, said designated
caregiver may cultivate no more than 12 marijuana plants per patient at the place of
primary residency of the designated caregiver (including a manufactured home or a
recreational vehicle), with homeowner's permission, without need to apply for a
CUP. However, said designated caregiver shall apply the same types of precautions
as above for security, use, documentation and must advise the chief of police of his
or her intent to cultivate marijuana at home for the benefit of his or her qualifying
patient or patients. At such time as a dispensary is located within 25 miles from the
designated caregiver's home, all cultivation of marijuana plants in the home must
cease or shall be considered a zoning violation, among other possible local, state
and federal law violations. Any change in residence location shall be reported to the
chief of police within 30 days.
B. Recreational Marijuana
1. All provisions in this section are pursuant to A.R.S.Title 36, Chapter 28.2 Responsible
Adult Use of Mariivana.
2. Permit Required.A CUP shall be required for the establishment of recreational
marijuana establishments.The requirements of this section,for the establishment of a
marijuana use, may also be accomplished through'a planned development("PD")
rezoning process or PD major;amendment process.
3. Allowed Zoning Districts. Location of marijuana establishments shall be allowed in the
city's B-1 B-2, B-3 and<B-4 zoning districts.
4. Facility Security. Recreational marijuana establishments shall be located in a fully
enclosed locked facility,to include only a permanent building(walls and a roof) and
not in a cargo container, RV,trailer, or motor vehicle.
5. Applications. A CUP application for recreational marijuana establishments shall
include all the information required on the CUP application form and the following
supplemental information:
a) Signature and consent on the application form by the property owner of
record that he or she is aware the property will be used for a recreational
marijuana establishment.
b) A copy of the preliminary approval from the Arizona Department of Health
Services ("ADHS"), such as a registration certificate, for a marijuana
establishment, and a written assurance that all marijuana establishment
agents associated with the approved facility shall register with the Apache
Junction Police Department upon final approval to operate from ADHS, as
well as a copy of said final approval document.
5
c) Application and all applicable fees paid as required by Apache Junction City
Code,Volume I; Chapter 8, Business, and the Apache Junction City Tax Code
as amended.
d) A detailed site plan and floor plan for the facility prepared in accordance
with Section 1-16-9,'and narrative explaining the operation of the facility and
hours of operation.
6. Conditions of Approval.The conditions of approval which maybe considered by the
planning and zoning commission in evaluating these requests include the following:
a) Required Spacing Requirements:
i. A minimum of 1,320 feet between another medical marijuana use
(inclusive of dual licensee facilities) or recreational marijuana
establishment as measured from nearest building wall to nearest
building wall.
ii. A minimum of 750 feet between another medical marijuana use
(inclusive of dual licensee facilities) or recreational marijuana
establishment and any public or private education institution
(inclusive of public and private charter schools), library, public park,
commercial-zoned day care facility,free-standing church, drug
and/or alcohol rehabilitation center, or group home as measured
from nearest building wall of the business to the nearest building
wall of the protected use.
7. Operating Requirements:
a) Drive-through pickup windows shall not be allowed, but delivery service
shall be allowed as per state statute.
b) Outdoor seating areas at recreational establishments shall not be allowed.
c) A recreational marijuana facility shall submit a security plan containing the
following information:
i. Proof that any cultivation and storage of marijuana will take place in
an "enclosed, locked facility(with walls and a roof and not a
manufactured or factory built building or cargo container)"equipped
with locks or other security devices that permit access only by
persons authorized to enter pursuant to state and local law.
6
ii. A floor plan that details the security measures required by state law,
including an on-site alarm system,video surveillance devices and a
single secure entrance.
iii. Explanation,narrative, or protocols against marijuana diversion and
theft
iv. Provide and continuously update as needed a current list of all
persons who are authorized to access the establishment.
d) On-site consumption of marijuana establishment shall not be allowed.
e) The size of facility in terms of square footage, building height or other
factors shall be consistent with the character of existing or planned
surrounding development.
f) Signage that will be visible from the exterior of the facility may be approved
by the city if all sign code regulations have been met. The use of the
marijuana leaf symbol shall not be allowed on any exterior signage.
8. Other Conditions.The planning and zoning commission may deem it necessary to
apply other conditions to conserve and promote the public health, safety,
convenience and general welfare, including:
a) Compliance with all city-adopted zoning, landscaping,engineering, building,
design guidelines, overlay district and/or planned development district
requirements:
b) The commission shall reserve the right to revoke a CUP for noncompliance
with any condition prescribed as part of the permit approval or if the use is
demonstrated to be'a nuisance or hazard to the neighborhood or
community.
c) Hours of operation will be addressed through the CUP process.
d) Allowing and accommodating unannounced inspections by law enforcement
officials at anytime the facility is occupied and/or operating, emergency
contact information, alarm permit and other items for the reasonable,
transparent and safe operation of the facility.
9. The operation of a recreational marijuana testing facility is prohibited.
7
10. The commercial cultivation and processing of recreational marijuana as a standalone
use is prohibited.
11. Home Cultivation.
a) It shall be unlawful for any individual who is at least twenty-one (21)years of
age to possess,transport, cultivate or process more than six(6) marijuana
plants.
b) It shall be unlawful for two or more individuals who are at least twenty-one
(21)years of age to possess,transport, cultivate or process more than
twelve (12) marijuana plants at the individuals' primary residence.
c) Except as provided by A.R.S§36-2801 et al. and this Section,it shall be
unlawful for an individual to otherwise cultivate marijuana in a residential
zoning district within Apache Junction.
d) Individuals shall not process or manufacture marijuana by means of any
liquid or gas other than alcohol,that has a flashpoint below one hundred
(100) degrees Fahrenheit.
e) Kitchen, bathrooms, and primary bedroom(s) shall be used for their
intended use and shall not be used primarily for residential marijuana
processing, manufacturing,or cultivation.
f) A residence shall not emit dust, fumes,vapors,or odors into the
environment and individuals shall ensure that ventilation, air filtration,
building and design standards are compatible with adjacent uses and the
requirement of adopted building codes of Apache Junction.
g) Cultivation shall be limited to a closet, room,greenhouse, or other enclosed
area on the grounds of the residence equipped with a lock or other security
device that prevents access by minors.
h) Cultivation shall take place in an area where the marijuana plants are not
visible from public view without using binoculars, aircraft, or other optical
aids...._
i) Cultivation as part of a home based occupation is not allowed.
8
CITY OF APACHE JUNCTION MARIJUANA REGULATIONS (Version 1)
February 23, 2021
1-6-12 MEDICAL AND RECREATIONAL MARIJUANA
A. Permit Required. A CUP shall be required for the establishment of nonprofit medical marijuana
' -,;' ' dispensaries, cultivation facilities, and infusion facilities, and recreational
marijuana establishments.The requirements of this section, for the establishment of a
nonprofit medical and/or recreational marijuana use, may also be accomplished through a
planned development("PD") rezoning process or PD major amendment process.
B. Number of Medical Mariivana Facilities Allowed in City.The total number of nonprofit medical
marijuana dispensaries, cultivation facilities, and infusion facilities shall be as allowed by state
statute for the Apache Junction Community Health Analysis Area ("CHAA"). (See A.R.S. Title 36,
Chapter 28.1 Arizona Medical Marijuana Act,for definitions and statutes pertaining to medical
marijuana.)
C. Allowed Zoning Districts.
1) Location of nonprofit medical and/or recreational marijuana establishments
di&pe,n-,a4es shall be allowed in the city's B-1, B-2, B-4 and B-5 zoning districts subject to
a CUP or PD rezoning process.
2) Location of a cultivation facility and/or a stand-alone nonprofit medical marijuana
infusion facility which serves one or more nonprofit medical marijuana dispensaries
shall be limited to the city's B-5 zoning district.
3) An existing medical marijuana establishment fac4mty that has received a CUP _ & a4
u- _ e+rr ' approval from the city prior to the effective date of this ordinance, shall be
allowed to continue operating at the approved location, regardless of any newly defined
spacing requirements; and as long as said operation remains in strict accordance with
the conditions of approval of said facility, or as may otherwise be approved by a CUP
amendment or renewal.
4) An existing medical marijuana establishment that intends to become a dual licensee to
sell recreational marijuana shall present proof of dual licensee status to the city's
business license office; and
a) Is permitted by the State of Arizona to operate both a nonprofit medical marijuana
dispensary and a marijuana establishment at a shared'location; and
b) Has not terminated its status as a dual licensee with the Arizona Department of
Health Services ("ADHS") by forfeiting either its marijuana establishment License or
non-profit medical marijuana dispensary registration.
1
5) The operation of a recreational marijuana testing facility is prohibited.
6) The commercial cultivation and processing of recreational marijuana as'a standalone
use is prohibited.
D. Facility Security. Medical marijuana dispensaries, cultivation facilities, and infusion facilities, and
recreational marijuana establishments shall be located in a fully enclosed locked facility,
-to include only a permanent&ef,+,-e building (walls and'a roof)and not in a cargo container,
RV, trailer, or motor vehicle. If a green house is used as a cultivation facility, reasonable
measures shall be taken to obscure the visibility of the marijuana plants from outside the
building.
E. Applications. A CUP application for medical marijuana dispensaries, cultivation facilities or
infusion facilities, and recreational marijuana establishments shall include all the information
required on the CUP application form and the following supplemental information:
1. Signature and consent on the application form by the property owner of record that
he or she is aware the property will be used for medical marijuana dispensing,
cultivating or infusion, or recreational marijuana.
2. A copy of the preliminary approval from the ADHS S ep rtme f-
such as a registration certificate,for the nonprofit medical
marijuana dispensary, nonprofit medical marijuana dispensary off-site cultivation
facility, stand-alone nonprofit medical marijuana infusion facility, or dual licensee
and a written assurance that all R pry'. �marijuana dispensary agents
associated with the approved facility shall register with the Apache Junction Police
Department upon final approval to operate from ADHS, as well as a copy of said final
approval document.
3. Application and all applicable fees paid as required by Apache Junction City Code,
Volume I; Chapter 8, Business, and the Apache Junction City Tax Code as amended.
4. A detailed site plan and floor plan for the facility prepared in accordance with
Section 1-16-9, and narrative explaining the operation of the facility and hours of
operation.
F. Conditions of Approval.The conditions of approval which maybe considered by the planning
and zoning commission in evaluating these requests include the following:
1. Required Spacing Requirements:
a. A minimum of 1,320 feet between another medical marijuana dispensary,
cultivation facility or infusion facility, or recreational marijuana establishment as
measured from nearest building wall to nearest building wall.
2
b. A minimum of 750 feet between a medical marijuana dispensary, cultivation
facility, -infusion facility, or recreational marijuana establishment and any
public or private education institution (inclusive of public or private charter
schools), library, public park, commercial-zoned day care facility, free-standing
church,ef drug and/or alcohol rehabilitation center, or group home, as
measured from nearest building wall of the business to the nearest building wall
of the protected use.
2. Operating Requirements:
a. Drive-through pickup windows shall not be allowed. Delivery service shall be
allowed as per state statute.
b. Outdoor seating areas at medical marijuana dispensaries, cultivation facilities or
infusion facilities, or recreational medical establishment shall not be allowed.
c. A medical marijuana facility or recreational marijuana establishment shall
submit a security plan containing the following information:
i. Proof that any cultivation and storage of ff*4,_--a4 marijuana will take
place in an "enclosed locked facility (with walls and a roof and not a
manufactured or factory built building or cargo container)" equipped
with locks or other security devices that permit access only by persons
authorized to enter pursuant to state and local law.
ii. A floor plan that details the security measures required by state law,
including an on-site alarm system,video surveillance devices and a single
secure entrance.
iii. .. -a at fot—e -i s;` , Explanation, narrative, or protocols
against l marijuana diversion and theft.
iv. Provide and continuously update as needed a current list of all persons
who are authorized to access the establishment, dispensary, off-site
cultivation site or infusion facility.
d. On-site consumption of 4edk- marijuana and/or marijuana products at a
marijuana establishment, dispensary, cultivation facility or infusion facility shall
not be allowed.
x�,rc aro-, IIr o^nma r^cw^xI brA°• �a r•6e-au� �"x rx
if "" ., .. T'�i'We. !"w Y"Fl Yv9'roFAsy""S Y5&—Fib ti9' "hY"%.—A,d4. s"'b YYtY FYh. i""F'h4ASA""&P''"B`ddMA
3
wi
f. The size of facility in terms of square footage, building height or other factors
shall be consistent with the character of existing or planned surrounding
development.
g. Signage that will be visible from the exterior of the facility may be approved by
the city if all sign code regulations have been met. The use of the marijuana leaf
symbol shall not be allowed on any exterior signage.
3. Other Conditions.The planning and zoning commission may deem it necessary to
apply other conditions to conserve and promote the public health, safety,
convenience and general welfare, including:
a. Compliance with all city-adopted zoning, landscaping, engineering, building,
design guidelines, overlay district and/or planned development district
requirements.
b. The commission shall reserve the right to revoke a CUP for noncompliance with
any condition prescribed as part of the permit approval or if the use is
demonstrated to be a nuisance or hazard to the neighborhood or community.
c. Hours of operation will be addressed through the CUP process.
d. Allowing and accommodating unannounced'inspections by law enforcement
officials at any time the facility is occupied and/or operating, emergency contact
information, alarm permit and other items for the reasonable,transparent and
safe operation of the facility.
4. Medical Mariivana Patient Home Cultivation. In the event that a qualifying patient
residing in the city lives 25 miles or farther from a dispensary, said individual or his
or her designated caregiver may cultivate no more than 12 marijuana plants at the
place of primary residence (including a manufactured home or a recreational
vehicle) of the qualifying patient, with owner's permission, without need to apply
for a CUP. However, said individual or his or her designated caregiver shall apply the
same types of precautions as above for security, use, documentation and must
advise the chief of police of his or her intent to cultivate marijuana at home. At such
time as a dispensary is located within 25 miles from the qualifying patient's home,
all cultivation of marijuana plants in the home must cease or shall be considered a
zoning violation, among other possible local, state and federal law violations. Any
change in residence location shall be reported to the chief of police within 30 days.
5. Medical Marijuana Caregiver Home Cultivation. In the event that a designated
caregiver whose residence is in the city limits is cultivating marijuana for the
qualifying patient or patients in his or her care, and whose qualifying patient or
4
patients in his or her care live 25 miles or farther from a dispensary, said designated
caregiver may cultivate no more than 12 marijuana plants per patient at the place
of primary residency of the designated caregiver(including a manufactured home
or a recreational vehicle), with homeowner's permission, without need to apply for
a CUP. However, said designated caregiver shall apply the same types of
precautions as above for security, use, documentation and must advise the chief of
police of his or her intent to cultivate marijuana at home for the benefit of his or
her qualifying patient or patients. At such time as a dispensary is located within 25
miles from the designated caregiver's home, all cultivation of marijuana plants in
the home must cease or shall be considered a zoning violation, among other
possible local, state and federal law violations. Any change in residence location
shall be reported to the chief of police within 30 days
6. Recreational Marijuana Home Cultivation.
a. It shall be unlawful for any individual who is at least twenty-one (21)years of
age to possess,transport, cultivate or process more than six(6) marijuana
plants.
b. It shall be unlawful for two or more individuals who are at least twenty-one (21)
years of age to possess,transport, cultivate or process more than twelve (12)
marijuana plants at the individuals' primary residence.
c.` Except as provided by A.R.S§ 36-2801 et aL and this Section, it shall be unlawful
for an individual to otherwise cultivate marijuana in a residential zoning district
within Apache Junction.
d. Individuals shall not process or manufacture marijuana by means of any liquid or
gas other than alcohol,that has a flashpoint below one hundred (100);degrees
Fahrenheit.
e.` Kitchen, bathrooms, and primary bedroom(s) shall be used for their intended
use and shall not be used primarily for residential marijuana processing,
manufacturing, or cultivation.
f. A residence shall not emit dust, fumes,vapors, or odors into the environment
and individuals shall ensure that ventilation, air filtration, building and design
standards are compatible with adjacent uses and the requirement of adopted
building codes of Apache Junction.
g. Cultivation shall be limited to a closet, room,greenhouse, or other enclosed area
on the grounds of the residence equipped with a lock or other security device
that prevents access by minors.
h. Cultivation'shall take place in an area where the marijuana plants are not visible
from public view without using binoculars, aircraft, or other optical aids.
5
i. Cultivation as part of a home based occupation is not allowed'.
6
March 17,2021
The Apache Junction City Code,Volume 11, Land Development Code, Chapter 1:Zoning Ordinance, shall
be amended as follows:
Section 1-5-3 Non-Residential Use Regulations,Table 5-3 Non-Residential Use Regulations, shall be
amended with the addition of"Recreational Marijuana Establishments" under use category"Retail
Trade":
Use Category Specific Use Type' B-1 B-2 B-3 B-44 B-54 PI
Gen. Old City Bus Ind. Pub/Inst.
West Cen. Park
Retail Trade Medical Marijuana CUP CUP CUP CUP CUP NO
(NAICS Code Facilities
44-45)
Recreational CUP CUP CUP CUP NO NO
Marijuana
Establishments
Swap Meets and CUP CUP CUP CUP NO CUP
Farmers Markets
ARTICLE 1-17 DEFINISIONS, shall be amended with the addition of the following:
Recreational Marijuana Uses:
a. Chemical Extraction.The process of removing a particular component of a mixture from others
present, including removing resinous tetrahydrocannabinol from marijuana.
b. Chemical Synthesis. Production of a new particular molecule by adding to,subtracting from, or
changing the structure of a precursor molecule.
c. City.The City of Apache Junction.
d. Consume,Consuming,and Consumption.The act of ingesting, inhaling or otherwise introducing
marijuana into the human body, including the inhaling or exhaling of smoke or vapor from an
electronic device that can be used to deliver marijuana or marijuana products to a person,
including, but not limited to, an electronic or vaping cigarette, equipment, or pipe.
e. Consumer.An individual who is at least twenty-one years of age and who purchases marijuana
or marijuana products.
f. Cultivate and Cultivation.To propagate, breed,grow, prepare and package marijuana.
g. Deliver and Delivery.The transportation,transfer or provision of marijuana or marijuana
products to a consumer at a location other than the designated retail location of a marijuana
establishment.
h. Department.The State of Arizona Department of Health Services or its successor agency.
i. Dual Licensee.An entity that holds both a nonprofit medical marijuana dispensary registration
and a marijuana establishment license.
j. Enclosed Area. A building,greenhouse, or other structure that has:
i. A complete roof enclosure supported by connecting walls that are constructed of solid
material extending from the ground to the roof;
ii. Is secure against unauthorized entry;
iii. Has a foundation, slab or equivalent base to which the floor is securely attached; and
iv. Meets performance standards ensuring that cultivation and processing activities cannot
be and are not perceptible from the structure in terms of not being visible from public
view without using binoculars, aircraft or other optical aids and is equipped with a lock
or other security device that prevents access by minors
k. Extraction.The process of extracting or separating resin from marijuana to produce or process
any form of marijuana concentrates using water, lipids,gases, solvents, or other chemicals or
chemical processes.
I. Manufacture and Manufacturing.To compound, blend, extract, infuse or otherwise make or
prepare a marijuana product.
m. Marijuana.All parts of the plant of the genus cannabis,whether growing or not, as well as the
seeds from the plant,the resin extracted from any part of the plant, and every compound,
manufacture, salt, derivative, mixture or preparation of the plant or its seeds or resin; and
includes cannabis as defined in A.R.S. § 13-3401; but does not include industrial hemp,the fiber
produced from the stalks of the plant of the genus cannabis, oil or cake made from the seeds of
the plant, sterilized seeds of the plant that are incapable of germination, or the weight of any
other ingredient combined with marijuana to prepare topical or oral administrations,food, drink
or other products.
n. Marijuana Concentrate:
i. Resin extracted from any part of a plant of the genus cannabis and every compound,
manufacture, salt, derivative, mixture or preparation of that resin or
tetrahydrocannabinol.
ii. Does not include industrial hemp or the weight of any other ingredient combined with
cannabis to prepare topical or oral administrations,food, drink or other products.
o. Marijuana Establishment.An entity licensed by the Department to operate a single retail
location at which the licensee may sell marijuana and marijuana products to consumers,
cultivate marijuana and manufacture marijuana products.
p. Marijuana Products. Marijuana concentrate and products that are composed of marijuana and
other ingredients and that are intended for use or consumption, including edible products,
ointments, and tinctures.
q. Marijuana Testing Facility.The Department or another entity that is licensed by the Department
to analyze the potency of marijuana and test marijuana for harmful contaminants.
r. Nonprofit Medical Marijuana Dispensary.A nonprofit entity as defined in A.R.S. §36-2801(12).
s. Open Space.A public park, public sidewalk, public walkway or public pedestrian thoroughfare.
t. Person. An individual, partnership, corporation, association, or any other entity of whatever
kind or nature.
u. Process and Processing.To harvest, dry, cure,trim or separate parts of the marijuana plant.
v. Public Place.The same meaning prescribed in the Smoke-Free-Arizona Act,A.R.S. § 36-601.01.
w. Smoke.To inhale, exhale, burn, carry or possess any lighted marijuana or lighted marijuana
products, whether natural or synthetic
City of Apache Junction, Arizona 300 E Superstition
Boulevard
Agenda Item Cover Sheet Apache Junction,AZ
85119
Agenda Item No. 14.
File ID: 21-127
Sponsor:Thomas Kelly Agenda Date:4/6/2021
Index: In Control: City Council Meeting
Presentation, discussion and consideration of approval of proposed Resolution No. 21-12
authorizing the submission of application(s)to the Governor's Office of Highway Safety Federal
Fiscal Year 2022 Grant Program.
City of Apache Junction,Arizona Page 1 Printed on 313112021
Apache )unction Polke Department
Memorandum
t
Date: April 6, 202
The Honorable Mayor and it uncil
Thomas E. belly, Chief of olice
Subject: Resolution No. 2 -12
LEQUEST
Consideration of approval of Resolu ion No. 21-12 authorizing the submission of
application(s) to the Governor's Office of Highway Safety Federal Fiscal Year 2022
grant program.
BACKGR2UND
Each year the governor's Office of Highway Safety t"G HS" offers a grant program
which allocates federal funds to finance state and local government highway safety`
protects intended to supplement, not be a substitute for, ongoing state or local
program expenditures.
DISCgSSION
The Apache Junction Police Department submitted tour ( applications to " 31 " on
March 12, 2021 which coven the following.
a. Driving under influence t"fl" overtime and 1 refrigerated evidence storage
($ , 86
b.. Vehicle Ford F150 true with police package $49, 16
c. speed Traffic Enforcement Program ("STEP") overtime and t2 lidar machines
t$2y60
d: Traffic and Criminal Software t"TraCS" - (22 each) printers, scanners and
premium paper t$2 ,158 '
Total dollar amount $1 3, 1 g'
EC E ATI /ACTT
Staff respectfully recommends the city council approve Resolution No. 21-12
ATTAgHM.E
NTS
Attachment one. Resolution No. 21-12
Attachment two: t4 applications for the GOHS grant
RESOLUTION NO. 21:-12
A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY
OF APACHE JUNCTION, ARI ONA, AUTHORIZING THE
SUBMISSION OF PROJECTS TO THE GOVERNOR' S OFFICE OF
HIGHWAY SAFETY ("GOH -) FOR THE 2022 HIGHWAY SAFETY
GRANT PROGRAM.
WHEREAS, the Governor' s Office of Highway Safety ("GOHS")
is seeping proposals from state and local agencies for ,projects
relating to all aspects of highway safety; and
WHEREAS, the city of Apache Junction through the Apache
Junction Police Department, is interested in submitting projects
to be considered for funding in the form of reimbursable grants
from the National Highway Traffic Safety Administration.
NOW, THEREFORE, be it resolved by the mayor and city
council of the City of Apache Function, Arizona., as follows:
SECTION I
Staff" is authorized to submit the following projects ,for
consideration in the "GtHS" 2022 Highway Safety grant program.;
a_. Driving Under Influence **'DUI") overtime and ('1)
refrigerated evidence storage; ( 38, 78 )
b, Vehicle - Ford F150 truck with police package ( , 71 )
C. Speed Traffic Enforcement Program ("STEP") overtime and
(2) lidr machines ( 23, 5 )
d,, Traffic and Criminal Software ("TraCS") - ( 2 each) barcode
scanners, bluetooth printers and premium paper packs
( 21, 158)
Total of: $133, 310
SECTION II:
The mayor or chief of police, his or their designee, is
appointed the agent for the City of Apache Junction, to conduct
all negotiations and to execute and submit all documents and any
other necessary or desirable instruments in connection with such
grant
RESOLUTION NO. 21-12
PAGE 1 OF 2
SECTION III
The mayor or his designee is authorized to take any and all
actions necessary to implement and complete the activities
submitted in the applications.
PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
APACHE JUNCTION,N, ARI ONA, THIS AY OF 11 2021 ,
SIGNED AND ATTESTED O THIS DAY OF , 2021 .
WA `IER "C IP- I L S 0 N
Layer
ATTEST:
ENN I `'ER PENA
City Clerk
APPROVED AS TOFORM:
RI �iARi `. S'Z'ER
City Attorney
RESOLUTION NO. 21.-12
PAGE 2 OF 2
�t.
ARIZONA GOVERNOR'S OFFICE 4F HIGHWAY SAFETY
Grant Application for Law Enforcement Projects
Lpana°a°aoyas
Federal Fiscal Year: 2022 DUE DATE: March 12,2C21
Grant application decisions are reviewed and decided upon by DOHS and include consideration of the
following: analysis of crash data, need for the project, past performance with highway safety grants (if
applicable), and Federal funding availability. Please contact the Arizona Governor's Office of Highway Safety
at(602) 55-3216 if you need assistance with this application.
SECTION A:Agency Application Information
Agency: Agency Name: Apache Junction Police Department
Address: 1001 north Idaho Road
City,State,Zip: Apache Junction,Arizona 8511.9
Fax: (480)474-5480
Phone: (480)982-826
Governmental Unit: Governmental Name: City of Apache Junction
(City,Town,County) Mgr/Super Title& Name. Bryant Powell,City Manager
Address: 300 East Superstition Blvd
City,State,Zip: Apache Junction,Arizona 85119
Project Director: Chief/Sheriff Title&Name: Therms E. Kelly,Chief of Police
Address: 390 East Superstition Blvd
City,State,Zip: Apache Junction,Arizona 85119
Phone: (480)474- 466
Email: tkelly@apachejunctionaz.gov
Project Admin Title&Name: Janine Shablow,Sr.Admin Ast to Chief of Police
Address: 300 East Superstition Blvd
City,State,Zip`. Apache Junction,Arizona 85119
Phone: (480)474-5468
Email: jshablow@apachejunctionaz.gov
Financial Contact: Title&Name: Leslie DeReche, Finance Director
Address: 300 East Superstition Blvd
City, State,Zip: Apache Junction,Arizona 85119
Phone: ( 80)474-5 5
Email: lderech@apahejunctionaz.gov
Please attach a cover letter addressed to the Director of the Governor's Office of Highway Safety
on agency letterhead. This cover letter gm2yust b §i ned by a representative of your agency
authorized to commit your agency to conduct the grant should it be approved for funding.
AL 9 Impaired Driving 1 of 13
RIZO A GOVERNOR'S OFFICE OF HIGHWAY SAFETY
r rant Application for Law Enforcement Projects
SECTION B-1:Agency Overview—LAW ENFORCEMENT PROJECTS
Fill in the information and statistics in this section for your jurisdiction:
Project Title. Apache Junction Police Department DUI Enforcement
Project Description: (1 or 2 paragraphs, brief overview)
This vehicle will be utilized for officers working traffic details,special events such as DUI task.force,
School Zone Enforcements,and in responding to serious and fatal vehicle collisions.
Number of sworn officers: 66
Total Population in your city/town or county:42,000
Total Road Mileage: Highway 7 Local 186 Total 193
Crash : Include all data for your jurisdiction, not crashes only worked by your agency.
2019 2018 2017
Total Crashes 801 739 758
Total Injury Crashes 186 145 19
Total Fatal Crashes 0 5 6
Total Impaired-related Crashes 23 19 17
Total Impaired-related Serious Injuries 11 4 6
Total Impaired-related Fatalities 0 0 0
Total Speed-related Crashes 93 113 133
Total Speed-related Serious Injuries 12 9 34
Total Speed-related Fatalities 0 6 0
The data above represents: County 11 City/Town
AL-Impaired Driving 2 of 1
M:
ARIC}IA C3t/ERICIR'S DEICE OF HIGHWAY SAFETY
Grant Application for Latins Enforcement Projects
SECTION B-1:Agency Overview(Continued)—LAW ENFORCEMENT PROJECTS
Enforcement Data: Fill in the information and statistics below for your jurisdiction,
2020 2019 201
Total Contacts(Traffic Stops) 5919 5224 6918
Total Sober Designated Drivers Contacted _
Total Know Your Limit Contacts - - -
TOTAL DUI ARRESTS 262 187 163
Total DUI Aggravated 38 28 28
Total DUI Misdemeanor 164 159 135
Total DUI Extreme( 15 or Above)
Under 21"DUI Citations -
Average BAC - -
Minor Consumption/Possession Citations 1 2
Total DUI Drug Arrests 89 }
30-Day Vehicle Impounds 125 199 466
Seat Belt Citations 64 109 20
Child Restraint Citations 2 9
Criminal Speed Citations 39 42 38
Reckless Driving Citations= 11: 11 5
Civil Speed Citations 730 810 91
Other Citations(except speed) 2251 241.1 2751
Other Arrests 1715 1526 577
Participating-Officer/Deputies (Cumulative) 119 109 205
A -Impaired Driving 3 of 1
ARIZONA GOVERNOR'S OFFICE OF HIGHWAY SAFETY
Grant Application for Law Enforcement Projects
Douglas A Ducey
Governor
or
SECTION B-Z: Problem identification
Provide a narrative of the highway safety problem in your community/jurisdiction. Describe the nature
and magnitude of the problem using valid, up-to-date statistical data. Identify which program area(s)
have the greatest need, (i.e., impaired driving, occupant protection, speeding and aggressive driving,
pedestrian safety, etc.). Indicate what is happening, when it is happening, where it is happening, and
the contributing factors.
The City of Apache Junction is a small suburban community just east of the Phoenix Metropolitan area.
The city has an estimated population of over 42,000 with an additional 2 }000-30,00?seasonal
residents. Apache Junction's north and eastern sectors have many dirt roadways where residents have
desire for no light pollution, This rural environment exacerbates conditions for unsafe driving while
providing the illusion to impaired drivers the area is free of enforcement. There are 186 paved road
miles within the city limits and 18 signalized intersections operated and maintained by the city: In
addition,there are approximately 4.5 miles of US60 and 5.5'miles of SR88 within the city limits.
Within the past three years,the Ironwood Corridor has required much manpower to address the vehicle
collisions and complaints. In 2017,the city had 78,060 vehicles going through the intersection of
Baseline and Ironwood give. In 2020,there were 94,788. The increase of 16,728 vehicles was in this
one intersection. Another busy intersection is Ironwood Drive and Apache Trail. In 2017,there were
42,797 vehicles and in 2020, 72,652 vehicles an increase of 29,855 for this intersection, The city is on
the threshold of development for the land south of Baseline,an additional 6,700 to 8,000 acres. With
this land,there will be additional streets with traffic which will further increase traffic problems,
Our DUI arrest(s)demonstrate our success in combating drivers who continue to choose to drive while
impaired. These arrest would not be possible without the funding through the Governor's Office of
Highway Safety. Enforcement will tape place in problematic areas including Ironwood Corridor with;
Apache Junction going sough into San Tan Valley, and routes leading to and from major Arizona
recreational areas during specific holiday periods in and around Apache Junction. The new refrigerator
evidence storage for the DUI blood samples will allow AJPD to keep the blared in proper settings for
scientific evaluation and prosecution necessary in combating impaired drivers;
AL-Impaired Driving 4 of 1
Jt�
RIZONA GOVERNOR'S OFFICE OF HIGHWAY SAFETY
Grant Application for Law Enforcement Projects
9Yraa{lsa A.tilext.
di#t8 Z}'¥iTlt`
SECTION C. Goals and Objectives—IMPAIRED DRIVING
Based on your problem identification stated in Section - ,fill in the blanks for each agency Coal and
Contract Objective outlined below,
Agency Goals
To decrease the number of impaired driving-related-crashes 12 %from 25 in calendar year
2020 to 22 by December 31, 2021
To decrease the number of serious injuries in impaired driving-relates!cashes 1 /from 7
in calendar year 2020 to 6 by December 31, 2022.
To decrease the number of fatalities in impaired driving-related crashes 100 %from 2 in
calendar year 2020 to 0 by December 31, 2022.
Contract Objectives:
To participate in"a minimum of 3 DUI saturation patrols per quarter during FFY 2021
To participate in minimum of 1 DLit taste force operations per quarter during FFY 2022;:
Additional Contract Objectives:
ctives:
In addition to the required gooks and objectives, create two additional contract'
objectives that your agency can achieve by the end of FFY 2022.
1.This vehicle will be utilized in 100%of Call Enforcement Operations in FFY2022.
2.This vehicle will be utilized it deploying smart signs strategically in combating unpaired driver to
educate roadway users 20%of it's vehicle deployment.
AL-Impaired Driving S of 13
�f
1 ARIZONA GOVERNOR'S OFFICE OF HIGHWAY SAFETY
Grant Application for Law Enforcement Projects
Qr&liT"tlkEfti'....
SECTION D: Project Strategies and Activities(Method of Procedure)
in the spaces below, lister describe specific planned activities that your agency will perform in order to
achieve their project objectives on a quarterly basis. Activities should describe what will be done, who
will do it, and when it will take place. Objectives and subsequent activities in your project
should follow the SMART method:-
S =Specific
M=Measurable
A =Action-Oriented
R =Realistic
= Time-Framed
1st Quarter:10/01/2021 12/31/20 1 Estimated 1st QuarterExpenditures:
Complete the competitive procurement for purchase of 2021 Ford F150 Pickup Truck and police
communications radio,emergency lights system,vehicle graphics with DOHS logo.
2nd Quarter:01/01/2022-03/3 2022 Estimated 2nd Quarter Expenditures:$18,88
Receive police communications radio;emergency lights system and vehicle graphics with GOHS loge,
waiting for truck to arrive.
AL-Impaired Driving 6 of:13
�itii i)f
tg,
t AI I ONA GOVERNOR'S OFFICE OF HIGHWAY SAFETY
Grant Application for Law Enforcement Projects
lfaugh,�ks Owe),
(;.wraol
SECTION D: Project Strategies and Activities Continued
3rd Quarter:04/01/20 06/30/2022 Estimated 3rd Quarter Expenditures: 30,830
Install items into/onto Ford F150
4th Quarter:07/01/202 -0 /30/ 022 Estimated 4th Quarter Expenditures:
Utilize Ford 150 in saturation patrols and task forces.
A -Impaired Driving
��y„aC caR
ARIZO AGOVERNOR'S OFFICE OF HIGHWAY SAFETY
Grant Application for Lave Enforcement Projects
Sxu�,i�i,h.t9trce�'
#.nc rgrz�.
SECTION E: Detailed Project Budget
Please fill in the budget category that relates to your agency's project proposal. Please me that GOHS
only grants overtime projects at a maximum employee related expense(ERE)rate of 40 .-
Personnel Services
Description:
Personnel Services:
Employee Related
Expenses:
Requested Overtime ERE
Description ERE°,+
Amount Amount Amount
.nn-,
.C}
0.00
0.00
Total::
A - Impaired Driving 8 of 13
��y4Y:ti t7}
4y 1
ARIZONA GOVERNOR'S OFFICE OF HIGHWAY SAFETY
Grant Application for Law Enforcement Project
�a�sta t,t�x. a
Professional&Outside Services
Description:
Professional &Outside Services.
Description Requested
Amount
I
Total.
C- Impaired Driving 9 of, :
Total:
ARIZONA GOVERNOR'S OFFICE OF HIGHWAY SAFETY
Grant Application for Law Enforcement Projects
Cover nor Travel
In-state&Out-of-State
Description:'
Travel:
Description Transport Lodging Per Diem Misc. Amount
Total:
AL-Impaired riving 10 of 1
t
ARIZONA GOVERNOR'S OFFICE OF HIGHWAY SAFETY
Grant Application for Law Enforcement Projects
i4rrteg„Iww 3::1'#ws<is
B,ws exurxr-.
Materials&Supplies
Description:
Materials&Supplies: Designated nated for items with a per unit cast less than 5,000.00.
Price
Description Quantity Per'Unit Tax Shipping Amount
f
Total:
AL- Impaired riving 11 of 13
ARI O A GOVERNOR'S OFFICE OF HIGHWAY AY AFETY
Grant Application for Law Enforcement Projects
Capital Outlay
Description:
2021 Ford F150 Pickup Truck, police communications/radio,emergency lights without cage,vehicle graphics w/GOHS logo;
Capital Outlay: Designated for any equipment with a per unit cost of$5,000.00 or more.All other items should he placed
in Materials&Supplies.
NOTES It is the Agency's responsibility to confiraar than equipment is Buy America compliant.t. A letter from the
manufacturer may be required.
Prue
Description Quantity Per Unit Tax Shipping Amount
2021 Ford F150 pickup truck 1 28,515 2,315 30,830
Police Communications as radio 1 6;301 553 6,854
Emergency lights system 1 10,743 640 11,332
Vehicle graphics with GOHS logo 1 650 550
Total: $49,716
L-Impaired Driving 12 of 13
ARIZONA GOVERNOR'S OFFICE OF HIGHWAY SAFETY
' rant Application for Law Enforcement Projects
ileeteg.3"A< Oncec'
Total Estimated Costs
Description Requested
Amount
Personnel Services t
ERE: 3.C}0%
Employee Related Expenses $
Professional&.Outside Services " $0
Travel $ l
Materials&«Supplies 1
Capital Outlay $49,716
Total $43,71E
SECTION F:Additional Proposal Information
lfthere is any additional information that your agency would like to attach to their proposal, please
include a P F attachment with your proposal.Additional information may include: pictures, invoice
estimates,City/Town/County resolutions, additional enforcement information,etc.
AL-Impaired Driving 13 of 1
Td
PFVTMOTORS
If CONTRACT# ADSP017-166117
QUOTE DATE: 3/8/2021:
Driveono.
CUSTOMER: Apache Junction
CONTACT: Bran Cleave
ANDRA,GON LEZ E-MAIL: t4� ajcity.ridt
9130 West Sell Road
Peoria,Arizona 85382
Direct: 5 -696-5930 REFERENCE: 2021 -1 0
Cell: 505-350-55 4.
Fax: 48 - - 5
Email: sgonzalez@peoi'iaford.com LEAD TIME: TSU
LINE ITEM ORDER CODE DESCRIPTION PRICE
101A XL TRIM PKC INC. 5 60M 2P 50 7'8R
INCH
„u�.x.�iw'. `„a 'r;�a.�.tw.�i�as�:r`�� i^.�,�.��m"xv.,.'�::.w,r��a8u,�.4�xav``,r„�ax��s'a"�' "�. � �F`,'su'L».�.:.��z�utr•`:`,��,r1,.�,iu��,, �i .7'Et'''�'�ac.�} ,"u'n;ur,�r`*�` �7.a,���'..�awxi§�. '. ;s „c <. tll`t�s�^4 99P 2.71-ECC BOOST s �
5 X19 3.55 REGULAR AXLE
'e,`". F+R6't 5^a'w 4n E"im" ;Rfi 4'xv"f4""" crv., ++a:.nm^,«ro• mY+rafrta+a'ti.a�¢++ I#�PtJ�
8 67T TRAILER BRAKE CONTROLLER
mar rvg Y r z+^ tP sera "ya;,'"sw,wv ttv^Mx a fi r x'«<t ,.;.q '"nmt*' w^x *nw.P,fl h` A ii hr Sr F 1NC
C31C} _;�}i �,
x; d,«tr.o1 v d p 7 10 DI } 2 EXTRA KEYS
12
gt TM1 777
_,
.:",✓ s<ala m�,,,,,,v...'f`,7.�., �„^�ts� �'k d�j�' `"' mn ��� ax!
TAXABLE TOTAL 28,515.0al!
SALES TAX 2,309.72
WARRANTY COST ,
TIRE TAX 5.00
FREIGHT
TOTAL PER UNIT 30,829.72
QUANTITY OF UNITS
PO TOTAL 30,829.72
*ALL VEHICLES PURCHASED ON STATE CONTRACT SHALL INCLUDE FOLLOWING OPTIONS,UNLESS OPTION IS ELECTED TO BE DELETED:
-BLUETOOTH-AM/FMIRADIO,CRUISE CONTROL,POWER DOORS AND WINDOWS,4 ENTRANCE KEYS,FRONT AND REAR A/C-WHEN
AVAILABLE,CLOTH SEATS,REAR CAMERA,SPARE TIRE,FLOOR MATS,ARIZONA LEGAL TINT
ALL TRUCKS WILL INCLUDE ADDITIONAL OPTIONS:
ANTI-SLIP DIFFERENTIAL AND TOW HOOKS{2WD14WD)
4WD TRUCKS-SKID PLATES
THANK YOU FOR YOUR BUSINESSI
AJ PCB AP 5 0 (1
03/0812021
APACHE JUNCTION POLICE APACHE JUNCTION I POLICE 06/ 6/2021
DEPT I EPT
300 E SUPERSTITION BLVD 1001 N IDAHO Rai Ted McKenzie
APACHE JUNCTION,AZ 85119 APACHE JUNCTION, AZ 85119 Account Executive
US us
ted.mckenzi a
motorolasolutions. om
(480)2 7-8952
APACHE JUNCTION POLICE DEFT
Craig Robinson
crobinson@apachejunctionaz.gov
(480)474-5448
Nick S ino
30 NET
Pricing per Motorola'Motorola's Arizona State Contract: CTR046830,with taxes estimated at 9.6% and shipping F dEx ground is
included:
APXT" 6500/Enh Series ENHANCEDAPX6500
"I M25URS5PWI BN APX6500 ENHANCED 7/800 1 $7,767.95 25.64% $5,761.04 $5,761.04
Iv HZ MOBILE
la O626AU INT:REMOTE MOUNT 1
CABLE 17 FT AP}
1b GA00318AF ENH:5 YEAR ESSENTIAL 1
SVC
1c GA00580 ADD:TDMA OPERATION 1
id C51AU ENH:S IARTZONE
OPERATION APX6500
1e C67 tT ADD: REMOTE MOUNT E5 'I
APXM
1f GA01606AA ADD: NO GP /WI- 1 1 m W
ANTENNA NEEDED
m.> Any sales transaction following Motorola's quote is based on and subject to the terms and conditions of the valid and executed written contract between Customer and Motorola(the Underlying
Agreement"")that authorizes Customer to purchase equipment and/or services or license software(collectively"„Products""j.if no Underlying Agreement exists between Motorola and Customer,ther
Motarola's Standard Terms of Use and Motorola`s Standard Terms and Conditions of Sales and Surmly shalt oovern the purchase of the Products-
AJ PD APX6500
1g G298AS ENH:ASTRG 25 CTAR W1 1
MULTIKEY
1h B18CR ADD:AUXILIARY SPI R 7.5
WAFT APSE
11 G843AH ADD:AES ENCRYPTION 1
AND AD'
Ij G444AH ADD:APX CONTROL HEAD
SOFTWARE
1k G3 5AW ADD:ANT 1/4 WAVE I
78 -87OMHZ
11 G806BL ENH:ASTRO DIGITAL CAI 1
OP APX
1m GA016 AA ADD:APX E5 CONTROL 1
HEAD
1 n W22BA, ADD:STD PALM I
MICROPHONE AP
to G361AH ENH:P25 T'RUNKING I
SOFTWARE AP
LSVOOQ00203A DEVICE INSTALLATION 1 $540.00 0.9 540.00 $540.0
$6,301.04
$55 .0
$6,854.
#ftAny sales transaction folloviing Motorola's quote is based on and subject to the terms and conditions of the valid and executed written contract between Customer and Motorola(the Underlying
Agreement—)that authorizes Customer to purchase equipment andtor services or license software(collectively "ProducW If no Underlying Agreement exists between Motorola and Customer,ther
a Motorola's Standard Terms of Use and Motorola's Standard Terms,and Cnn ifinnr.of sntn�And.r'—h,.halt rr—r,.rh. „rm.€3—.i—ram.
MOTOROLA SOLUTIONS
N
7MMOMPurchaseOrder Checklist
larltcd F tI` r+r tra tl Nsatice'to ?rdteed can on pahy l etterhead ,
{F Will not be prc ess l without this} 4
PO lumber/Contract Number
POD ato
Vendor= Motorola Solutions, Inc.
Bi
Earnehtf"rn Terrrsl State contract Number
Bill-To Name on PO must be equal to the Legal Bill-To Name
Ship-To Address If we are shipping to a MR location, it must be documented on P
tlltimat 'Address i the Ship-Tea address Is the location then the Ultimate besti atiof adds s°'
,must b documented on PO
PO Amount must be equal to or greater than Order Total
Son-Edltablc Format lW r ll Excel to plates ciinno�t"be ac c it d
Bill To Contact Name& Phone#and EMAIL for customer accounts payable dept
hip,,To Contact Name& Phon ##,
Tax Exemption Status
Signatures As required)
O
RWAVE Clatd 3/1(1/2021 1
COMMUNICATIONS
Estimate# PfIX-1408
)oe Hunter ---------I'-,--
(480)-'162-5349 Customer Name l Address
joe.bLit)ter,otiirwavecc)mmLit)ic,atic)n,cc)m City of Apache Junction PD
300 E Superstition Blvd
Apache Junction.AZ 85119
Contact
Item Description City Rate Total
2021 FORD F 150 FULL NEW BUILD
LIGHTBAR
ENFLB00900-(1A7, SOUNDOFF SIGNAL 54 fNCH DUAL COIA)R NFORCE LIGHT BAR. 1 2,003.50 2.00150T
APACHE JUNCTION SPEC**QE062553
FRONT END
36-52065 Westin push bumper EliteXD for Ford F 150 responder 1 408.04 408,04T
36-6015S2 Westin 33.1"light channel-Sot ndoff 2 Hole 1 30.80 36.86'r
ENFRMS4BRW NFORCE WARNING MODULE-TRI COLOR BLUE/RED/WHYFE 2 91,50 18100T
EMPS2STS5RBW -mpowerg 4"Fascia Light rv/Stud Mount, 18"hard Awe Naar sync option, 2 10&io 217.O1 T
SAE Class I &CA Title 13,9-32 Vdc,Black Housing, 18 LED.Tricolor
-Red/Blue/White
ETSS I OOJ 100J SERIES compost'LE SPEAKER W/UNIVERSAL BAIL 1 125.00 125.00T
BRACKET100 WATT
ETHFSS-FV Select-A-Pattern Headlight Flasher.Solid State. 12v Isolation Model(for 1 42,00 4100T
systems requiring electrical isolation)
SIDE OF VEHICLE
PMP2BKDGAI 90 Degree Deck/Grille Attiustable Bracket Kit for rnpowert 4"Fascia 4 6.00 2400'1'
Light vv/Stud Mount-Black
EMPS2STS5Rl3W -mpowerg 4"Fascia Light-,v/Stud Mount, 18"hard wire w/sync option, 4 108.50 434,OOT
SAE Class I &CA Title 13,9-32 Vdc,Black Housing. 18 LED.Tricolor
-Red/Bitte/White
PMP2BKtJMB2-D Under Mirror Mount Bracket Kit(each)for installation on Ford F-150 1 12,50 12.50T
2015-2018 for use with mproverRD 3"and 4"Stud or Quick Mount-
Driver Side
PMP2BKUMB2-P Under Mirror Mount Bracket Kit(each)for installation on Ford F-150 1 12-50 1150T
2015-2018 for use with mirowerg,3"and 4"Stud or Quick Mount-
passenger Side
EMPS2S'I'S5RBW -mpowerO 4"Fascia Light Nan/Stud Mount. 18"hard wire Xv/sync option. 2 108.50 217,00T
SAE Class I &CA'ritle 13,9-32 Vdc,Black Housing. 18 LED,Tricolor
-Red/Blue/White
REAR OF VEHICLE
Subtotal
Sales Tax (8.1%)
Total
Page I
Estimate
4ORWAVE
Date 3/10/2021
COMMUNICATIONS
Estimate# PHX-1408
)oe Hume
(480)262-5340 Customer Marne l Address
joe,bunter totirwavncrarrti-attnicatiori.cc)m CitycafApache Junction PD
300 E Superstition Blvd
Apache Junction,a-17..85119
L—Con
tat
Item Description ription t ty Hate Total
ELUC3FRHOR Universal Un erC ver Screw-In LED insert Single tight Kit,9- 2 ureic 4 66 50 266.00T
w/10' -wire Harness: includes insert.Lens 41 (ExtremeAngle)&Inline
Flasher—,mingle Color Red
EL JC'31 010E Universal UnderCo er Screw-ln LED Insert Single Light K t.9-32 Vdc 2 66.50 I33.00
wJ 10'5-wire harness:includes insert.Letts#I (Extreme Angle)&Inline
Flasher—Dual Color Blue/White
E tIPSCG I SLS4RAW mpowerg 3"3-Wire Light wl Stud Mount.for use with rnpower Arrow 1 96 50 96.5I1.I.
Kit and Connect-n-Go:SAE Class I &CA Title 13,9-32 Vdc,Black
Housing,12 LED, -RediAmber/White
EMPSC;G I SLS4BA mpowerdr,3"3-Wire Light ts/Stud Mount.lot use with rapower Arrow 1 96.50 96.50
Kit and Connect-n-Go;:SAE Class I &CA Title 13,9-32 Vdc„Black
Housing, 12 LED,Tricolor-Blue/Amber/White
EMPSC'62QMS5 W mpo erg 4"3-Wire Light w/Quick Mount.for use v�ith rupov er Arrow 3 10&50 325.50T`
Kit and Connect-n-Go,SAE Class 1 &CA Title 13„9-32 Vdc,Black
Housing, 18 LEI),Tricolor-Red/Amber/White
EMP CG2Q viS5BAW mpcover '4"3-Wire Light�v/Quick Mount„for use with nipower Arrow 3 108.50 325.50T
Kit and Connect-n-Go._SAE Class I &CA Title 13,9-32 Vdc,Black
Housing, 18 LEIS,Tricolor-Blue/Arnber/Whig
CONSOLE AND COMPONENETS
ECVIIMLTAL00 UNIVERSAL LED DOME LIGHT 6"ROUND l /W141TE LENS RELY 1 52.00 52.C}CIT
AND WHITE LED
AC-FI50-15 201 -17 Ford F-150,2017 - 50-550,1~or applications where center seat 1 0,00 0.(}0
is removed
CC-MC-16 MC 16",L-shape console: 7"slope/9"level. 1 305.00 305.00T
FP-USB-B-DC:2 TROY 2 INCH FACEPLATE WITH CUTOUT FOR BLUEPRINT 1 ()00 t)OO
PROGRAMMING CABLE
OOFSYB PM Startech 3 ft Panel Mount USB Cable B to B-Ft 1-Panel Mount USB 1 13.75 1335T
Extension
FP-BL,NK2 TROY PRODUCTS-2"BLANK FACEPLATE I CI,00 tl.tltlT
FP-AP 12-3 TROY PRODUCT -2"PLATE W13 DC OUTLET HOLES I 0.00 (l OOT
FP- IXTL5000 TROY PRODUCTS T -3""FACEPLATE FOR MOTOROLA}C I L2500, 1 0.00 o.t o,r
5000,05 DASH OR REMOTE
FP-S038OR TROY PRODUCTS-4°"FACEPLATE FOR SO NNDOFF 380R SIREN 1 0.00 CI.00T
ENG YMDOI BLU PRINTSYNC1 MODULE 1 20()00 20000'1.
P 1PLBJOO Exterior Lightbar Break Out Box- -16vr 1 81.50 81.50
Subtotal
Sales Tax (8.1%)
Total
Page
Estimate
4?RWAVE
bate �3/1(ll'021
COMMUNICATIONS
Estimate## P1-I -1408
Joe Hunter
C480 62-55 9 Custorner Name l Address
joe.hu teroa tw vecornmunication;cut'n City ot'Apache Junction PD
300 E Superstition Blvd
Apache Junction,A7 8511
Contact
Item Description Qty Rate Total
AC-TICK-2 3"face date shallow tray;For items such as keys.wallet,sunglasses,etc. 1 27.30 7:30T
2"H
AC-T B-A M fT- 8 TROY PRODUCTS-Console rear-wall mounted height-adjustable 1 113,75 113.75 I
swivel ann rest with 5'I x 8?molded foam pad
AC-131I(S)95 External single:beverage holder: Includes rubber fingers to keep cup 1 30,55 30,551`
stabilized.
ENGCPI8001 bluePRINTO Remote Control Panel- 15 Programmable Buttons w,,3 1 14150 14150 T
Position Slide Switch
ENGSA07141 bluePRINTiR 400 Series Remote Siren/Switch Module, 10-16v-for one 1 267,00 267.00T'
100 watt speaker,with Nine 10-:imp&Three 20-Amp Relay Outputs
1.3-APISET DC OUTLET PLUG W/BLACK CAP 3 7.80 2.3.40T
ENGCCO12I3 bluePRINT-g)3 Central Controller-Communication Hub toot,use within 1 318.50 31&50T
the EV Control System- I Active High Ignition Input,24 Outputs(100
Amps max)Warranty:5 year(s)
ENGHNKOI S UNDOFF SIGNAL B i EPRI T C"ENTR4L CONTROLLER l 36.50 36. 0T
HARNIESS KIT
ENGLNK002 bluePRINT t inkr1a Module for Ford F-I50(2015-2018);PI Utility= 1 246.00 246.00T
(2016-2018).Explorer(2016-2017):F-250,F-:350 F-450,F-550(2017)
4 5-3816 Magnetic Mic 2 40.00 80.00T"
ANTENNA AND CABLES
ANXMB820 3/4"Hole NMO Style brass mount with 20'RG58A/1I&no connector 1 1&95 l&95T
481 Mini UFIF Male Crimp Connector-LMR-200 1 : 5.99 5.99T°
BMLPV700 PCT"EL.760- 70 MI-1L LC}PRO NMO MT ANTENNA 1 40.00 40.00T
INSTALLATION AND ACCESSORIL
EC D LTAL00 UNIVERSAL LEIS DOME LIGHT"6"ROUND W/WHITE.LENS RED 1 5100 5100T
AND WHITE LED
CH15.1,20 CHI POWER HARNESS,20`W/SMART`START TIMER OPTION 1 499.50 499.50T
1'* B-F'150+L2 Mounts the Ch8,ChI5,or Ch27 under the drivers seat or front passenger 1 0.00 0.00T
seat.
MRINS UPF'ITTING INSTALL LABOR 49 5&00 2,84100
INSFSS INSTALLER SHOP SUPPLIES 49 6�00 294.00T`
Shipping Shipping Charges Per(quote I I00O 00 100 01`
Subtotal $10,742.53
Sales "." % $639.94
Total 11,382.47
Page 3
�#1
- ARIZONA GOVERNOR'S OFFICE OF HIGHWAY SAFETY
C a ° grant Application for Caw Enforcement Projects
s,fkti s„�
Federal Fiscal Year: 2022 DUE DATE: March 16; , 2021
Grant application decisions are reviewed and decided upon by GOHS and include consideration of the
following: analysis of crash data, need for the project, past performance with highway safety grants (if
applicable), and Federal funding availability. please contact the Arizona Governor's Office of Highway Safety
at(602)255-3216 if you need assistance with this application.
SECTION A:Agency Application Information
Agency: Agency Name: Apache Junction Police Department
Address: 1001 North Idaho Road
City,State,Zip: Apache Junction,Arizona 85119
Fax: (480)474-5480
Phone: (480)982-8260
Governmental Unit:: Governmental Name: City of Apache Junction
(City,Town,County) Mgr/Supvr Title&Name: Bryant Powell,'City Manager
Address: 300 East Superstition Blvd
City,State,Zip: Apache Junction,Arizona 85119
Project Director Chief/Sheriff Title& dame: Thomas E. Kelly,Chief of Police
Address: Bel East Superstition Blvd
City,State,Zip: Apache Junction,Arizona 85119
Phone: (480)474-5466
Email: tkeliy@apachejunctionaz.gov
Project Admin Title&Name: Janine Shablow,Sr,Admin.Assist to Chief
Address: 300 East Superstition Blvd
City,State,Zip: Apache Junction,Arizona 85119
Phone: (480)474-5468
Email: jshablow@apachejunctionaz.gov
Financial Contact: Title& Name: Leslie CeReche Finance Director
Address: 300 East Superstition Blvd
City,State,Zip: Apache Junction,Arizona 85119
Phone: (480)474-5451
Email: Idereche@apachejunctionaz.gov
Please attach a cover letter addressed to the Director of the Governors Office of Highway Safety
on agency letterhead, This cover letter crust be signed by a representative of your agency
authorized to commit your agency to conduct the grant should it be approved for funding.
A - Impaired Driving 1 of 13
ARIZONA GOVERNOR'S OFFICE OF HIGHWAY SAFETY
&Z
L
Grant Application for Law Enforcement Projects
::,Gogh,1.13wcv°.
SECTION B-1.Agency Overview—LAW ENFORCEMENT PROJECTS
Fill in the Information and statistics in this section for your jurisdiction:
Project Title:Apache Junction Police Department DUI Enforcement
Project Description: (I or 2 paragraphs, brief overview)
The Apache Junction Police Department is seeking funding under the impaired driving program in an
attempt to remove impaired drivers from the roads/preventing fatal accidents and also to replace old
refrigerated evidence storage(DUl blood refrigerator). This is a necessity to ensure blood evidence
remains of value to the prosecution court room and examination.
Number of sworn officers: E>
Total Population in your city/town or county:42,000
Total Road Mileage: Highway 7 Local 186 Total 193
CrashData: include all data for your jurisdiction, not crashes only worked by your agency.
Total Crashes 801 739 758
Total Injury Crashes 186 145 159
Total Fatal Crashes u
Total Impaired-related Crashes 23 19 17
Total Impaired-related Serious Injuries 11
Total Impaired-related Fatalities 0 o t
Total Speed-related Crashes 93 13 133
Total Speed-related Serious Injuries 12 9 34
Total Speed-related Fatalities 0 0 u
The data above represents: County City/Town 10
A ,-Impaired riving 2 of 13
f' ARI ONAGOVERNOR'S OFFICE OF HIGHWAY SAFETY
Grant Application for Law Enforcement Projects
ib:etz>3.s 1.$`laas+rs.
d.tsscrarr
SECTION B- .Agency Overview(Continued) ENFORCEMENT PROJECTS
Enforcement Data Fill in the information and statistics below for your jurisdiction.
2020 20 :9 2018
Total Contacts(Traffic Stops) 5919 5224 6918
Total Sober Designated Drivers Contacted - - -
Total Know Your Limit Contacts - -
Tt?TAL DUI ARRESTS 202 187 153
Tonal DUI Aggravated 38 28 28,
Total DUI Misdemeanor 154 159 135
Total DUI Extreme(.15 or Above) - -
Under 21 DUI Citations - 5
Average BA
Minor Consumption/Possession Citations 1 2 4
Total DUI Drug Arrests 20
30-Day Vehicle Impounds 125 199 456
Seat Belt Citations 64 109 20
Child Restraint Citations 2 - 9
Criminal Speed Citations 39 42 38
Reckless Driving Citations 11 11 5
Civil Screed Citations 730 810 919
Other Citations(except speed) 2251 2411 2751
Other Arrests 1715 1526 577
Participating Office r/Depu ies (Cumulative) 119 109 205
A - Impaired Driving 3 of 13
igti,s: .a3 ;p
ARIZONA GOVERNOR'S OFFICE OF HIGHWAY SAFETY`
Grant Application for Law Enforcement Projects
Covernor
SECTION R-2: Problem Identification
Provide a narrative of the highway safety problem in your community/jurisdiction. Describe the nature
and magnitude of the problem using valid, rap-to-date statistical data. Identify which program area(s)
have the greatest need, (i.e., impaired driving, occupant protection, speeding and aggressive driving;
pedestrian safety, etc.). Indicate what is happening, when it is happening, where it is happening, and
the contributing factors.
The City of Apache Junction is a small suburban community just east of the Phoenix Metropolitan area.
The city has an estimated population of over 42,000 with an additional 20,000-30,000 seasonal
residents. Apache Junction's north and eastern sectors have many dirt roadways where residents have a
desire for no light pollution. This rural environment exacerbates conditions for unsafe driving while
providing the illusion to impaired drivers the area is free of enforcement. There are 186 paved road
miles within the city limits and 18 signalized intersections operated and maintained by the city. In
addition,there are approximately 4.5 miles of US60 and 5.5 miles of S888 within the city limits.
Within the past three years,the Ironwood Corridor has required much manpower to address the vehicle
collisions and complaints. In 2017,the city had 78,060 vehicles going through the intersection of
Baseline and Ironwood Drive. In 2020,there were 94,788. The increase of 16,728 vehicles was in this
one intersection;. Another busy intersection is Ironwood Drive and Apache Trail, In 2017,there were
42,797 vehicles and in 2020,72,652 vehicles an increase of"2 ,855 for this intersection. The city is on
the threshold of development for the land south of Baseline;an additional 6,700 to 8,000 acres. With
this land,there will be additional streets with traffic which will further increase traffic problems.
Our DUI arrest(s)demonstrate our success in combating drivers who continue to choose to drive while
impaired. These arrests would not be possible without the funding through the Governor's Office of
Highway Safety. Enforcement will take place in problematic areas including Ironwood Corridor with
Apache Junction going south into San Tan Malley,and routes leading to and from)'major Arizona
recreational areas during specific holiday periods in and around Apache Junction. The new refrigerator
evidence storage for the DUI blood samples will allow AJPD to keep the blood in proper secured settings
for scientific evaluation and prosecution the evidence necessary in combating impaired drivers.
Impaired Driving 4 of 13
RI NA GOVERNOR'S{OFFICE OF HIGHWAY SAFETY
Grant Application for Law Enforcement Projects
{o L''rwY
SECTION C:Coals and Objectives—IMPAIRED DRIVING
Based on your problem identification stated in Section B-2, fill in the blanks for each agency goal and
Contract Objective outlined below.
Agency Goals:
To decrease the number of impaired driving-related crashes 12 %from 23 in calendar year
2020 tee 22 by December 31, 2022
To decrease the number of serious injuries in impaired driving-related crashes 1 %from T
in calendar year 2020 to C by December 31,2022.
To decrease the number of fatalities in impaired driving-related crashes 100 %from 2 in
calendar year 2020 to U by December 31,2022.
Contract Objectives:
To participate in a minimum of 3 DUI saturation patrols per quarter during FFY 2022.
To participate in a minimum of 1 DUI task force operations per quarter during FFY 2022.
Additional Contract Objectives:
1n-c edition to the required goals and objectives,create two additional contract
objectives that your agency can achieve by the end of FFY 2 .2 .
1.To educate public and deter them away from impaired driving by utilizing our mobile message
boards once a quarter for messages against impaired or distracted driving:
1 To utilize unmarked and marked vehicles to combat distracted drivers and increase distracted
driving citations;by %l
AL-Impaired ...riving 5 of`13
�X
ARI O A GOVERNOR'S OFFICE OF HIGHWAY SAFETY
Ln
Grant Application for Law Enforcement Projects
SECTION CD: Project Strategies and Activities(Method of Procedure
in the spaces below, list or describe specific planned activities that your agency will perform in order to
achieve their project objectives on a quarterly basis.Activities should describe what will be done,who
will do it, and when it will take place. Objectives and subsequent activities in your project
should follow the SMART method:
S =Specific
M=Measurable
A =Action-Oriented
R =Realistic
T =Time-Framed
1st.Quarter:10/01/2021-12/31/2021 Estimated 1st Quarter Expenditures: 27,22
Complete the competitive procurement process and obtain delivery of one(1) DUI refrigerated
evidence storage locker by December 31,2021.
DUI saturation patrols for 11/29-31/2 21, 11/25-28/2021, 12/ -5/21 21, 12/10-12/2021,
12/17-19/20 1,12/2 -31/2021,
DUI task fierce once per quarter.
2nd Quarter:01/01/2022- 3/31:/2022 Estimated 2nd Quarter Expenditures: 5,582
DUI saturation patrols for. 1/0 -02/2022,12/12-14/2022,03/17-1 /2022
DUI task farce once per quarter.
AL.-Impaired Driving 6 of 13
A I ONA GOVERNOR'S OFFICE OF HIGHWAY SAFETY
Grant Application for Law Enforcement Prefects
Y}ssta�.lxtti i.3)atea'
6,�tav°a•3arMt•..
SECTION D: Project Strategies and<Activities(Continued)
d
3rd Quarter:04/01/2022-06/30/2022 Estimated 3rd Quarter Expenditures. $2,003
DUI saturation patrols for 05/ -07/ 022<
DUI task force once per quarter.
4th Quarter:07/01/2022-09/30/2022 Estimated 4th Quarter Expenditures: 4,884
DUI saturation patrols for 07/01-04/2022,08/2-3/2022
DUI task force once per quarter.
AL-Impaired riving 7 of 13
ARIZONA GOVERNOR'S OFFICE OF HIGHWAY SAFETY
Grant Application for Latins Enforcement Projects
fad}#ek E6&bg'
SECTION E: Metalled Project Budget
Please fill in the budget category that relates to your agency's project proposal. Please note that GOHS
only grants overtime projects at a maximum employee related expense(ERE) rate of 40 .
Personnel Services
Description
The Apache,function Police Department is seeking funding for overtime pay to existing officers to
participate in the DUI Task Farce and saturation patrols to support GOHS mission in combating impaired
and distracted driving. To keep our roadways safe.
There will be three DUI saturations patrols and one DUI task force operation per quarter for FFY2 I22:
Personnel Services, Employee Related
Expenses:
Description
Requested Overtime ERE ARE%
Amount Amount Amount
overtime 30,000 21,429 8,571 }M°*
. %
. 0%
.00%
.00%
Total. $:3 ,000 $21,429 $8, 71
L-Impaired Driving 8 of 13
C
LL ARIZONA GOVERNOR'S OFFICE OF HIGHWAY SAFETY
g Grant Application for Laver Enforcement projects
lhez{{lrs 4«�)tuca
C:vyPB'@:i55'
Professional&Outside Services
Description:
not applicable
Professional&Outside Services:
Description Requested
Amount
Total
AL- Impaired Driving 9 of 13
Total;
RIZONA GOVERNOR'S OFFICE OF HIGHWAY SAFETY
Cram Application for Law Enforcement Projects
�Nan�#3tra�.iaur�-°
.,e r'Yy,Yik Travel
In-state&(hut-of-State
Description:
not applicable
Travel;
Description Transport Lodging Per Diem Isc: Amount
Total.
L-Impaired Driving 10 of 13
ARIZO .A GOVERNOR'S OFFICE OF HIGHWAY SAFETY
Grant Application for Law Enforcement Prefects
Materials&Supplies
Description:
not applicable
Materials&Supplies, Designated for items with a per unit cost less than 5,000. 0,
Price
Description QuantitV per Unit Tax Shipping Amount
k
Total:
A -Impaired Driving 11 of 1
ARIZO A GOVERNOR'S OFFICE OF HIGHWAY SAFETY
Grant Application for Law Enforcement Projects
4+saa+rass+e•
Capital Outlay
Description:
Request to purchase a refrigerated evidence storage locker for the DUI blood collected for evidence.
Capital Outlay: Designated for any equipment with a per unit cost of$5,000.00 or more.All rather items should be placed
in Materials&Supplies,
N I t z It is thanAgency's responsibility o confirm the(:,qui m e t is Buy America r.r rnpliant, A letter f:om he
manufacturer may be required.
Pace
Description Quantity Per Unit Tax Shipping Amount
i
Refrigerated evidence storage lockers 1 9,200 58 , P
Total: $9,786
AL-Impaired Driving 12 of 13
�ti'}35:1 i3:
RIZONA GOVERNOR'S OFFICE OF HIGHWAY SAFETY
Grant Application for Law Enforcement Projects
i9raxrsau i.C3ts ,:..
t,tat sre p,ne
Total Estimated Costs
Description Requested
Amount
Personnel Services $21,429
ERE: .C10"r'�i
Employee Related'Expenses $8,571
Professional&Outside Services _
Travel
Materials&Supplies $0
Capital outlay $9,786
Total: $39,786
SECTION Additional Proposal Information
If there is any additional information that your agency would like to attach to their proposal, please
include a' DF attachment with your proposal. Additional information may include: pictures, invoice
estimates,City/Town/County resolutions, additional enforcement information,etc,
AL-Impaired Driving 13 of 13
wA °
Irr QUOTATION
RTF Manufacturing Date: 02/22/202
793 Route 66 Quote :0222202
Hudson, NY 12034 Expiration: 90 days
( 1 )62 -2196 Ship ARO: 90 Days
sales@hudsonvalleylyomac.com Ship Via: Best Way
Payment Terms: Net 3
Quote For: Prepared By: Ashby Finck
Ashleyf@rtfmanufacturing.com
anufacturing.com
Dean Baker ( 1 )-323-219
Apache Junction PD
1001 1 . Idaho Road
Apache Junction, AZ 85119
email: dbaker@apachejunctionaz.gov
Phone*(430)330-77
S-1 -HT B Non mass Through $9,200.00 1 $9,299. {
Mc pa through
t onfigu ,"flion,
a.t�..l,�.,..'t',.t .�t7f:, t ?,.ei €w'b c ....-. i ,f"ra.#':t1l's`
t.:ta...f lob
tr rnpet.SYure aak nn R ,x,j4
one rn�-.istef 'Key
Estimated Freight Cast From Hudson, $585M 1 $585.88
NY to Apache Junction, AZ 85119
Subtotal $9,7 5. 8
Total $9,785.88
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ARIZOILIAGOVERNOR'S OFFICE OF HIGHWAY SAFETY
Brant Application
t raax cr ruY
Federal Fiscal Year: 2022 DUE DATE: March 12, 2021,
Grant application decisions are reviewed and decided upon by GOHS and include consideration of the
following: analysis of crash data, need for the project, past performance with highway safety grants (if
applicable), and Federal:funding availability. Please contact the Arizona Governor's Office of Highway Safety
at(602) 255-3216 if you need assistance with this application.
SECTION ►:Agency Application Information
Agency: Agency Warne Apache Junction Police Department
Address: 1001 Forth Idaho Road
City;State,Zip: Apache Junction,Arizona 85119
Fax: (480)474-5480
Phone: (480)982-8260
Project Director: Title& Dame: Thomas E. Kelly,Chief of Police
Address: 300 East Superstition Blvd
City,State,Zip: Apache Junction,Arizona 8511.9
Phone (480) 74-5455
Email: tkellyCapachejunctionaz.gcv
Project Adrin: Title&Madre: Janine Shablow,Sr.Amin Asst to Chief of Police
Address: 300 East Superstition Blvd
City,State,Zip: Apache Junction,Arizona 85119
Phone: (480) 74-5458
Email:- jshablow@apachejunctiona .gov
Financial Contact:: Title&dame: Leslie DeReche, Finance Director
Address: 300 East Superstition Blvd
City,State,Zip: Apache Junction,Arizona 851:19
Phone: (48 ) 4-5451
Email: Idefecheapachejunctionaz.gov
Please attach a cover letter addressed to the Director of the Governor's Office of Highway Safety
on agency letterhead. This cover letter Mmyust b aimed by a representative of your agency
authorizes to commit your agency to conduct the grant should it be approved for funding.
Cher-Non-Law Enforcement on-Profit I of 12
c�ac,c art
ARIZONA GOVERNOR'S OFFICE OF HIGHWAY SAFETY
Grant Application
F3ouglfl A.Ducey
Gisis'A"wr
SECTION B-1.Agency/Organization Overview
Fill in the information in this section for your agency/organization.
Project"Title: Apache Junction Police Department
Project Description: 1 or 2 paragraphs, brief overview)
The Apache Junction Police Department seeps funding for twenty-two barcode scanners, bluetooth
printers,and premium paper packs for TraCS to outfit remaining patrol vehicles for TraCS and e-ticket
capabilities.
These items are needed and necessary to outfit the remaining patrol division to conduct e-ticket
citations and vehicle collision reports utilizing TraCS, mandated by Arizona Department of Transportation
(ADT);
Organization Size: 100
Total Population in your city/town or counties seared. 42,000
Select the County served by your agency/organization:
State Wide Ilaricopa County
Apache County Mohave County
Cochise County Navajo County
Coconino County Pima County
Lila County Phial County
Graham County Santa Cruz County
Greenlee County Yavapai County
La Paz County E Yuma County
Other-Non-Law Enforcement/ Non-Profit 2 of 12
ARIZO A GOVERNOR'S OFFICE OF HIGHWAY SAFETY
Grant Application
Dakaag.4x�A,Davey
Goa Masai°
SECTION B-2: Problem Identification
Provide a narrative of the highway safety problem in your community/jurisdiction. Describe the nature
and magnitude of the problem using valid, up-to-date statistical data. Identify which program area(s)
have the greatest need, (i.e., impaired driving, occupant protection, speeding and aggressive driving,
pedestrian .safety, etc.), Indicate what is happening, when it is happening, where it is happening, and
the contributing factors;
The City of Apache Junction is a small suburban community just east of the Phoenix Metropolitan area:.
The city has an estimated population of over 42,000 with an additional 20;000-30,000 seasonal
residents. Apache Junction's north and eastern sectors have many dirt roadways where residents have a
desire for no light pollution. This rural environment exacerbates conditions for unsafe driving while
providing the illusion to impaired drivers the area is free of enforcement. There are 186 paved road
miles within the city limits and 18 signalized intersections operated and maintained by the city: In
addition,there are approximately 4.5 miles of US60 and 5.5 miles of SR88 within the city limits.
Within the past three years,the Ironwood Corridor has required much manpower to address the vehicle
collisions and complaints. In 2017,the city had 78,060 vehicles going through the intersection of
Baseline and Ironwood Drive. In 2020,there were 94,788. The increase of 16,728 vehicles was in this
one intersection. Another busy intersection is Ironwood Drive and Apache Trail, In 2017,there were
42,797 vehicles and in 2020,72,652 vehicles an increase of 29,855 for this intersection. The city is on
the threshold of development for the land south of Baseline,an additional 6,700 to 8,000 acres, With
this land;there will be additional streets with traffic which will further increase traffic problems,
Although the total number of traffic strips deceased between 2018 and 2020 which was impacted by
COVID-19,there were 24%more DUI arrests and the number of reckless driving citations doubled. The
department had a 5%increase in total crashes from 758 in 2017 to 795 in 2019,averaging 66 collisions
per month. Our findings conclude citations are contributed to distracted and aggressive driving; With
the funding and on-going support from the Governor's Office of Highway Safety,the AJPD will increase
traffic enforcement resulting in improved safety,increased proactive patrols,and decreased collisions b
seeking out aggressive and distracted drivers.
OtherR Non-Law Enforcement/ Non-Profit 3 of 12
x,
ARIZONA GOVERNOR'S OFFICE OF HIGHWAY SAFETY
Grant Application
Governor
SECTION C:Goals and Objectives
In the spaces below, create 2 to 4 quantifiable goals that will relate to your
agency/or anization's problem identification as stated in Section - . The 2022 Federal Fiscal
Year begins on October 1,2021 and ends September 30, 2022.
Other Agency/Dian-Profit:
1-To increase the number of speeding and aggressive driving citations 2 from 780 in FF 2020 to 796
in FFY2022,
2.To increase number of written citat ion/e-tickets from 1,63E in 2020 to 3,600 in FFY2022 using our
new TraCS System.
Other-Non-Law Enforcement/ Non-Profit 4 of 12,;
- RIZO A GOVERNOR'S OFFICE OF HIGHWAY SAFETY
Grant Application
Er,,nl�<4,�3sxvp
#e(!Vi CY3�C
SECTION D: Project Strategies and Activities(Method of Procedure
In the spaces below, list or describe specific planned activities that your agency will perform in order to
achieve their project objectives on a quarterly basis. Activities should describe what will be clone, who
will do it, and when it will take place. Objectives and subsequent activities in your project
should follow the SMART method,
S =Specific
Vl=Measurable
Action-Oriented
R =Realistic
==Time-Framed
1st Quarter; 10/01/2021 12/31/2021 Estimated 1st Quarter Expenditures:$20,158
Complete the competitive procurement process and obtain delivery of twenty-two(22)of each Item
listed: bluetooth`technology pocket et printers,barcode scanners,and premium paper(100 sheets per
pack),
2nd Quarter:01/01/2022.03/31/2022 Estimated 2nd Quarter Expenditures;$0
Install and utilize the bluetooth technology of TraCS for e-ticket citations and vehicle collision reports
Cher- Non-Law Enforcement Non-Profit 5 of 12
la ARIZONA GOVERNOR'S OFFICE OF HIGHWAY SAFETY
Grant Application
#�+rx tt ttirat`
SECTION D: Project Strategies and Activities Continued
3rd Quarter 04/01/2022-06/30/2022 Estimated 3rd Quarter Expenditures: u
Utilize TraCS bluetoothe-tickets
4th Quarter:07/01/2022-09/30/2022 Estimated 4th Quarter Expenditures: 0
Utilize TraCS uluet of e-tickets
Cher- Non-Law Enforcement/Non-Profit 6 of 12
1ARIZO A GOVERNOR'S OFFICE OF HIGHWAY SAFETY
Grant Application
d;xreetiis`
SECTION E: Detailed Project Budget
Please fill;n the budget category that relates to your agency's project proposal, Please note that GOHS
only grants overtime projects at a maximum employee related expense(ERE) rate of 4 .
Personnel Services
Description:
not applicable
Personnel Services:: Employee Related
Expenses.
Requested Overtime` ERE
DescriptionE°,
Amount Amount Amount
. i0
M°
U0 _
j
,00
I.t 0%
Total.
Sher- Non-Law Enforcement Non-Profit 7 of 12
ARI ONA GOVERNOR'S OFFICE OF HIGHWAY SAFETY
Great Application
t.nserearzz
Professional&Outside Services
Description:
not applicable
Professional&Outside Services:
Description Requested
Amount
1
Total:
Sher- Non-Law Enforcement Non-Profit 8 of 12
Total:
��y Rx:4= tFS
ARIZONAGOVERNOR'S OFFICE OF HIGHWAY SAFETY
Grant Application
i3OV4'i M Travel
In-state&Out-of-State
Description*
not applicable
"ravel:
Description Transport Lodging Per Diem Misc. Amount
Total:
Other-Non-Laver Enforcement/Non-Profit 9 of 1
W ` ARIZONA GOVERNORS OFFICE OF HIGHWAY SAFETY
Grant nt Application
Materials&Supplies
Description
Twenty-two 22 bar ode scanners,twenty-two(22) bluetooth printers,twenty-two(22) premium paper lacks for Tra S to
outfit remaining patrol vehicles for e-ticket capabilities. These items are needed and necessary to outfit the remaining patrol
division to conduct e-ticket citations and vehicle collision reports utilizing Tra S, mandated by AD T,
Materials&Supplies. Designated for items with a per unit cost less than$5,000.00.
Price
Description Quantity per Unit Tax Shipping Amount
Pocket et 7 with alu tooth`technology kit 22 489 10,75
TraCS compatible barcode scanner 22 332 7, 04
premium paper 22 13 2E
i
Total, $ 20,1:5
Other-Non-Law Enforcement Non-Profit 10 of 12
ARIZONAGOVERNOR'S OFFICE OF HIGHWAY SAFETY
Grant Application
47aa�+1t+B;SStttx:q...
d;aasrri€+:..
Capital Outlay
Description:
Capital Outlay: Designated for any equipment with a per snit cost of$5,000.00 or more.All other items should be placed
in Materials&Supplies.
NOTE: It is the Agency's responsibility ility to confirm the equipment is Buy America compliant. A letter from the
manufacturer may be requited
Price
Description Quantity Per Unit Tax Shipping Amount
Total:
Sher- on-Law EnforcementNon-Profit 11 of 1
ra'Yx.� sa#
ARIZONA GOVERNOR'S OFFICE OF HIGHWAY SAFETY
e Grant Application
4i{acas'lr+,is ilet,�x
Total Estimated Costs'
Description Requested
Amount
Personnel Services $
ERE: 7:00
Employee Related Expenses- 0
Professional&Outside Services $f
Travel $0
Materials&Supplies $20,158
Capital Outlay $
Total: $2 ,1.5g
SECTION F:Additional Proposal Information
If there is any additional information that your agency would like to attach to their proposal, please
include a PDF attachment with your proposal; Additional information may include: pictures, invoice
estimates,City/Town/County resolutions, additional enforcement information,etc:
Sher-Non-Law EnforcementNon-Profit 12 of 12
CODEL-03
T E C H N 0 L 0 G Y`
Dote:2/17/202
QUOTE #21-039
Chris Caswell
Apache Junction Police Crept,
300 E.Superstition Blvd.
Apache Junction,AZ 85119
480-440-0048
Customer ID:AJPDAZ401
Salesperson Project Payment Terms Contr lct#f
Clay Jeppsen Printers, Scanners Net 30
Part#k Description Qfy Unit Price
POCKETJET@ 7 WITH BLUETOOTH TECHNOLOGY KIT,300 DPI,INTEGRATED
- J7 3D1Y 4W LISS AND BLUETOOTH TECHNOLOGY{INCLUDES POCKETJETO 7,300 DPI 22 $489
PRINTER,6'USB CABLE,14'VEHICLE WIRING HARNESS,3YR WARRANTY
LB3636 Premium Paper-Letter Size-24 yr Archiveability 100 Sheets Per Pack 22 $13
491 L. -1 2-LT 491 OLR Tra S Compatible Area Imager kit t Barcode Scanner 2 32
Subtotal $18,348,00
Sales Tax $1761.41
Shipping $49,00
Total $2 ,1 8.4
Thanks for your business!
*Quote it /3 2
ARIZONA GOVERNOR'S OFFICE OF HIGHWAY SAFETY
m a
Ww Grant Application for Law Enforcement Projects
Federal Fiscal Year:2022 DUE DATE: March 12,2021
Grant application decisions are reviewed and decided upon by GOHS and include consideration of the
following: analysis of crash data, need for the project, past performance with highway safety grants (if
applicable, and Federal funding availability. Please contact the Arizona Governor's Office of Highway Safety
at(602) 5-3216 if you need assistance with this application.
SECTION A: Agency Application Information
Agency: Agency Name: Apache Junction Police Department
Address: 1001 North Idaho Road
City,State,Zip: Apache Junction,Arizona 85119
Fax: 480) 74-5480
Phone: (480)982-826
Governmental :Unit: Governmental lame: City of Apache Junction
(City,Town,County) Mgr/Super Title&dame: Bryant Powell,City Manager
Address: 300 East Superstition Blvd
City,State,Zip: Apache Junction,Arizona 85119
Project Director Chief/Sheriff Title&Warne: Thomas E. Kelly, Chief of Police
Address: 300 East Superstition Blvd
City,State,Zip: Apache Junction,Arizona 85119
Phone: (489)47 -5466
Email: tkellyapach )unctionaz.gov
Project Admin Title&Name: Janine Shablow,Sr,Admin Asst to Chief of Police
Address: 300 East Superstition Blvd
City,State,Zip: Apache Junction,Arizona 85119
Phone: ( 80) -5468
Email: jshablow@apachejunctionaz.gov
Financial Contact: Title&Came: Leslie DeReche, Finance Director
Address: 300 East Superstition Blvd
City,State,Zip: Apache Junction,Arizona 85119
Phone: (480) 4-5451
Email: lereche@apacejunctionazgov
Phase attach a cover letter addressed to the Director of the Governor's Office of Highway Safety
on agency letterhead. This cover letter must be signed by a representative of your agency
authorized to commit your agency to conduct the grant should it be approved for funding.
PT -Police"Traffic Services(STEP) 1 of 13
ARIZONA GOVERNOR'S OFFICE OF HIGHWAY SAFETY
Grant Application for Law Enforcement Projects
{+flM1€t3i9i'
SECTION B-1:Agency Overview—LAW ENFORCEMENT PROJECTS
Fill in the information and statistics in this section for your jurisdiction..
Project Title: Apache Junction Police Department Traffic Safety
Project Description: (1: or 2 paragraphs, brief overview)
The Apache Junction Police Department seeks funding for two(2)ProLaser 4 bundle Lidar radar
machines with"follow too close" mode and overtime for patrol and traffic safety enforcement to
continue in pro-active efforts in addressing traffic safety concerns to reduce vehicle collisions and
injuries in keeping our roadways safe.
Number of swornofficers: 66
Total Population in your city/tower or county. 42,000
Total Road Mileage: Highway 7 Local 185 Total 1.53
CrashData: include all data for your jurisdiction, not crashes only worked by your agency,
2019 2018 2017
Total Crashes 801. 739 75
Total Injury Crashes 186 145 1.5
Total Fatal Crashes 0 5
Total Impaired-related Crashes 23 19 17
Total Impaired-related Serious Injuries 11 4 6
Total Impaired-related Fatalities 0
Total Speed-related Crashes 03 1:1.3 13
Total Speed-related Serious injuries 12
Total Speed-related Fatalities 0 1 C
The data above represents; County11 City/Town
PTS- Police Traffic Services(STEP) 2 of 1
u ARIZONA GOVERNOR'S R'S OFFICE OF HIGHWAY SAFETY
Grant Application for Law Enforcement nt Projects
SECTION R-1:Agency Overview(Continued)--LAW ENFORCEMENT PROJECTS
Enforcement Data: Fill in the information n and statistics below for your jurisdiction..
2020 2019 2018
Total Contacts (Traffic Stops) 5919 5224 6918
Total Sober Designated[givers Contacted _ -
Total Know Your Limit Contacts -
TOTAL DUI ARRESTS 202 187 163
Total DUI Aggravated 38 28 28
Total DUI Misdemeanor 164 159 135
Total DUI Extreme(:15 or Above) - - -
Under 21 DUI Citations - 5
Average 8AC - _ -
Minor Consumption/Possession Citations 1 2 4
Total DUI Drug Arrests 20
30-Day Vehicle Impounds 125 199 466
Sean Belt Citations 64 109 20
Child Restraint Citations 2 - 9'
Criminal Speed Citations 39 42 38
Reckless Driving Citations 11 11, 5
Civil Speed Citations 730 810 919
Other Citations(except speed) 2251 2411 2751
Other Arrests 1715 1526 577
Participating Officer/Deputies(Cumulative) 11.9 109 205
TS-Police Traffic Services(STEP) 3 of 13
ARIZONA GOVERNOR'S OFFICE OF HIGHWAY SAFETY
Grant Application for Caw Enforcement Projects
Douglli,%.Ducey
Govenlor
SECTION B- . Problem Identification
Provide a narrative of the highway safety problem in your community/jurisdiction. Describe the nature
and magnitude of the problem using valid, up-to-date statistical data, Identify which program area(s)
have the greatest need; (i.e., impaired driving, occupant protection, speeding and aggressive driving,
pedestrian safety, etc.). Indicate what is happening, when it is happening, where it is happening, and
the contributing factors
The City of Apache Junction is a small suburban community just east of the Phoenix Metropolitan area.
The city has an estimated population of over 42,000 with an additional 20,00 t-30,000 seasonal
residents. Apache Junction's mirth and eastern sectors have many dirt roadways where residents have a
desire for no light pollution. This rural environment exacerbates conditions for unsafe driving while
providing the illusion to impaired drivers the area is free of enforcement. `There are 186 paved road
miles within the city limits and 18 signalized intersections operated and maintained by the city. In
addition,there are approximately 4.5 miles of US60 and 5.5 miles of S t88 within the city limits.
Within the past three years,the Ironwood Corridor has required much manpower to address the vehicle
collisions and complaints. In 2017,the city had 78,060 vehicles going through the intersection of
Baseline and Ironwood Drive. In 2020,there were 94,788. The he increase of 16,728 vehicles was in this
one intersection. Another busy intersection is Ironwood Chive and Apache Trail. In 2017,there were
42,797 vehicles and in 2020,72,652 vehicles an increase of 29,855 for this intersection. The city is on
the threshold of development for the land south of Baseline,an additional 6,700 to 8,000 acres. With
this land,there will be additional streets with traffic which will further increase public safety problems,
Although the total number of traffic stops deceased Between 2018 and 2020 which was impacted by
CO ID-19 there were 24% more DUI arrests and the:number of reckless driving citations doubled. The
department had a °I increase in total crashes from 758 in 2017 to 795 in 2019,averaging 66 collisions
per month. Our findings conclude citations are contributed to distracted and aggressive driving, with
the funding and on-going support from the Governor's Office of Highway Safety Program,the AfPD will
increase traffic enforcement resulting in improved safety, increased proactive patrols,and decrease
collisions by seeping out aggressive and or distracted drivers:
PT -Police Traffic Services(STEP) of 13
ARIZONA GOVERNOR'S OFFICE OF HIGHWAY SAFETY
Grant Application for Law Enforcement Projects
Doughls'x;Ducey
C`vavz'oor
SECTION C.Goals and Objectives—Police Traffic Services
Based on your problem identification stated in Section B-2, fill in the blanks for each agency (goal and
Contract Objective outlined below.
Agency Goals.:
To decrease the number of speeding-related crashes 5 %from 144 in calendar year
2020 to 137 by December 31, 2022.
To decrease the number of serious injuries in speeding-related crashes 20 %from 5
in calendar year 2020 to 4 by December 31, 2022,
To decrease the number of fatalities in speeding-related crashes 100 % turn 2 in
calendar year 2020 to 0 by December 31, 2022.
ContractObjectives:
To increase the number of speeding and aggressive driving citations 2 %from 780 in
FFY 2020 to 796 during FFY 2022,
Conduct targeted speed enforcement efforts a minimum of 4 times per month during FFY
2022.
Additional Contract Objectives:
In addition to the required goals and objectives, create two additional contract objectives
that your Agency can achieve by the end of FFY 2022.
1.Continue to be highly visible during high peak traffic times(OSOO hours 0800 hours, 1100 hours
1300 hours, 1700 hours-1900 hours)to reduce serious vehicle collisions.
2.Work school zones during drop-off and pick-up hours to reduce car/pedestrian and other collision
within school areas by 5 .
PaTS-Police Traffic Services(STEP) S of 13
ARIZONA GOVERNOR'S OFFICE OF HIGHWAY SAFETY
Grant Application for Law Enforcement Projects
Nwgla'xa lltml
Q xCitiyS'tYot
SECTION Project Strategies and Activities (Method of Procedure)
In the spaces below, list or describe specific planned activities that your agency will perform in order to
achieve their project objectives on a quarterly basis. Activities should describe what will be done, who
will do it, and when it will take ;place. Objectives and subsequent activities in your project
should fallow the SMART method;
S =Specific
M=Measurable
A =Action-Oriented
=Realistic
=Time-Framed
1st Quarter: 10/01/2 21_=12/31/ 021 Estimated 1st Quarter Expenditures.$10,000
Complete the competitive procurement process and obtain delivery of two Q) li ar machines by
December 31, 2021.
Initiate and conduct targeted speed enforcement efforts near school of zones, recreational areas,
downtown,along major arterial roadways, residential areas and the Ironwood Corridor.
Speed saturation enforcement patrol-one per month at each of the four participating schools during
the school year. Saturation patrols include an increase of visible presence of patrol officers seeking
speeders, aggressive and distracted drivers in and around school zones and other areas around the City
of Apache Junction,
2nd Quarter:01/01/2022 a 03/31/2 122 Estimated 2nd Quarter Expenditures. ,550
Initiate and conduct targeted speed enforcement efforts near school zones,recreational areas,
downtown,along major arterial roadways, residential areas and the Ironwood Corridor.
Speed saturation enforcement patrol-one per month at each of the four participating schools during
the school year. Saturation patrols include an increase of visible presence of patrol officers seeking
speeders,aggressive and distracted drivers in and around school zones and other areas around the City
of Apache Junction.
Targeted speed enforcement efforts on the Ironwood Corridor and other areas in the City of Apache
Junction will increase the presence of patrol officers and sign board usage.
PTS- Police Traffic Services(STEP) 6 of 13
ARI ONA GOVERNOR'S OFFICE OF HIGHWAY SAFETY
Grant Application for Law Enforcement Prefects
i8srag„#ec 4 9D��azau.
SECTION D: Project Strategies and Activities(Continued)
3rd Quarter:04/01/2022-06/30/2022 Estimated 3rd Quarter Expenditures: ;550
Initiate and conduct targeted speed enforcement efforts near school zones, recreational areas,
downtown,along major arterial roadways, residential areas and the Ironwood Corridor.
Speed saturation;enforcement patrol-one per month at each of the four participating schools during
theschool year. Saturation patrols include an increase of visible presence of patrol officers seeping
speeders,aggressive and distracted drivers in and around school zones and other areas aroundthe City
of Apache Junction.
Targeted speed enforcement efforts on the Ironwood Corridor and other areas in the City of Apache
Junction will increase the presence of patrol officers and sign board usage.
4th Quarter:07/01:/2022-09/30/2022 Estimated 4th Quarter Expenditures, 4,550
Initiate and conduct targeted speed enforcement efforts near school zones, recreational areas
downtown,along major arterial roadways, residential areas and the Ironwood Corridor.
Screed saturation enforcement patrol-one per month at each of the four participating schools during
the school year. Saturation patrols include an increase of visible presence of patrol officers seeking
speeders;aggressive and distracted drivers in and around school zones and other areas around the City
of Apache Junction.
Targeted speed enforcement efforts can the Ironwood Corridor and ether areas in the City of Apache
Junction will increase the presence of patrol officers and sign board usage.
PTS-Police Traffic Services(STEP) 7 of 13
ARI ONA GOVERNOR'S OFFICE OF HIGHWAY SAFETY
' Grant Application for Law Enforcement Projects
i$arar�,Ssrx�..�4Mxs s•r.
SECTION E: Detailed Project Budget
Please fill in the budget category that relates to your agency's project proposal. Please mate that GOH
only grants overtime projects at a maximum employee related expense(ERE) rate of 40%;
Personnel Services
Description
The Apache Junction Police Department is seeping funding for overtime pay to existing officers to
participate in speed enforcement patrols to support at H5 mission and our attempts to remain proactive
in addressing traffic related concerns.
There will be four patrols each month at the four participating schools,and additional saturation patrol
when school is not in session, resulting in 48 patrols:
Personnel Services:
Employee Related
Expenses:
Requested Overtire ERE
Description ERE
Amount Amount Amount
overtime 18,200 13,000 5,200 4 .00 K
i
0. 0%
C},r30
t3. 0%
U0
Total: $ 18,200 $ 13,000 $5,2}
P ` -Police Traffic Services (STEP) 8 of 13
& ARIZO A GOVERNOR'S OFFICE OF HIGHWAY SAFETY
Grant Application for Law Enforcement Projects
Professional&Outside Services
Description:
not applicable
Professional&Outside Services:
Description Requested
Amount
Total:
l:
PT -police Traffic Services(STEP) 9 of 1
Total:
RI O A GOVERNOR'S OFFICE OF HIGHWAY SAFETY
Grant Application for Law Enforcement Projects
lhmgf.4 k.Dom',
Travel
In-state&Out-of-State
Description:
not applicable
Travel:
Description "transport Lodging Per Diem Misc. Amount
4
Total:
P "S-Police Traffic Services(STEP) 10 of 1
ARIZONA GOVERNOR'S OFFICE OF HIGHWAY SAFETY
Grant Application for Law Enforcement Projects
Ja.0 ja,%,Thick,
(;ot,r 0m
Materials&Supplies'
Description:
Two )Prol aser 4 Lidar with following too close mode. The new technology"following too close" will help officers in
articulating and documenting citations to aid in traffic convictions for those opposing citations and help our officers in
continuing to combat aggressive drivers.
Materials&Supplies: Designated for items with a per unit cost less than$5,000.00.
Price
Description Quantity Per Unit Tax Slipping Amount
ProLaser 4 Lidar w/following too close anode 2 2,452 470 76 5,450
}
Total: $ 5, 50
PT'S-Police Traffic Services (STEP) 11 of 13
s�
ARIZO A GOVERNOR'S OFFICE OF HIGHWAY SAFETY
Grant Application for Law Enforcement Projects
t�xerar rant^
Capital Outlay
Description:
not applicable
Capital Outlay: Designated for any equipment with a per unit cast.of$5,000.00 or more.All tither items should be placed
in Materials&Supplies.
N T l It is the Agency's responsibility to confirm the equipment is tidy America compliant. A letter from the
manufacturer rer may be required
Price
Description Quantity Per Unit Tax Shipping Amount
Total;
PTS-Police Traffic Services(STEP) 12 of 13
ARIZONA'!GOVERNOR'S OFFICE OF HIGHWAY SAFETY
Grant Application for Law Enforcement Projects
1S9N��sex'4,:&�uaal'
Total Estimated Casts
Description Requested
Amount
Personnel Services- $ 13,000
ERE: 4 7 00%
Employee Related Expenses $5,200
Professional&Outside Services I
Travel $ 3
Materials&Supplies $ ,45
Capital Outlay $0
Total: $2 , 5 1
SECTION F:Additional Proposal Information
if there is any additional information that your agency would like to attach to their proposal, please
include a PDF attachment with your proposal.Additional information may include: pictures, invoice
estimates,City/Yawn/County resolutions, additional enforcement information,etc.
PTS«Police Traffic Services(STEP) 13 of 1
QuotationIt(((((((
KUSTOM SIGNALS, INC.
9052WretBlvd, Lenexa, 21
frt -140 Fax 91 -1703
! trsrr r ata.cxa %-mrvAuahrrnsi0rnls. m
Date 03109/2021
TO.. TONI PARKER Quote# -433992011359PC
APAC E JUNCTION POLICE DEPr RYWENT `Perms Per Appro ed Terms
This Quote Expires can 06107/2021
00 EAST SUPERSTITION BIA D Phone 480-982-8260
APACHE J UNCTION AZ 85119 Fax 80-983-6532
tv Product 13escritltiun UnitPrice SuhTotal
***AZ Participat€ngAgreement No.CTR0143213*** (Shipping included)
2 Prol aser 4 bundle includes a Hogue grip,8 AA rechargeable batteries with charger(J $2,452.00 S4,904.00
of which are spares),U B to Pt':interface cable,12 VDC to USB adapter,hard carry
case.
la ollowing Toc Close upgrade(Included in above price) $0.00 S0.00
2 9.6%Sales Tax S235.00 $470.00:
2 SHIPPING&HANDLING COSTS S38.00 S76.00
Total S5,450:00
Signature y rd
*,applicable Sales Tax Not Included, Seller may charge Buyer a 25%restocking fee.
Toll Tree 800- US' 800- 58-7866)
KUSTOM SIGNALS,INC.
TERMS AND CONDITIONS
1. APPLICABILITY% Unless otherwise specified in a 9, INDEMNIFICATION, Buyer will indemnify,defend
written bid,quote or contract,the following term,,,and conditions and hold Seller harmless front all losses,damages, liabilities and
shall apply, costs,including attorneys'fees,incurred or sustained by Seller as
a result of any third party claim made against Seller, including a
PRICES AND TAXES, Prices will be Kustom claim by a customer of Buyer, arising from its negligent,
Signals, Inc.'s i"Seller") prices in effect on the date a purchase reckless, willful,or intentional actions in marketing and reselling
Girder is accepted by Seller,and Seller may change its prices at the goods,
any time, in its sole discretion, All prices will be F,O B
Chanute, Kansas, and net of'any' duties, sales, use or similar EXPORT RULES. Exports and re-exports of the
taxes, fees or assessments, and do not include shipping. goods may be subject to United States export controls and
packaging or any insurance costs, all of which are Buyer's sanctions administered by the U,S. Department of Commerce
responsibility, Bureau ofindustry and Security tinder its Export Administration
Regulations("EAR"),Buyer shall comply with all laws,rules and
3 PAYMENT. Unless otherwise provided on the face of regulations applicable to the export or re-export of goods
the invoice, payment is to lie paid in US dollars and in including but not limited to EAR which includes,among other
accordance with the Seller approved terms for Buyer. Partial things, screening potential transactions against the U.S.
payments are not permitted unless authorized in writing, Partial Government's fit list of prohibited end users, and Ui) list of
payments will be treated as non-payment. Each invoice is prohibited countries.B uyer represents and warrants that(i)it ties
independent from shipping sequence and disputes relating:_to not been charged with, convicted of, or penalized for, any
other invoices. Failure to pay an invoice within 30 days rvill be violation of EAR or any statute referenced in EAR §766,25,and
considered a defauh; (it) it has not been notified by any government official of
competent authority that it is under investigation for any violation
4. DELIVERY AND PERFORMANCE. Delivery dates: ofEAR or any statute referenced in EA R §766.25,
are approximate. Seller dis claims all liability for late or partial
delivery. Seller may deliver in such lots and at such times as is MISCELLANEOVS. These terms and conditions,,
convenient for Seller, together with any other written agreement between Buyer and
Seiler, il'any: (i)are the exclusive statements of the parties wit 11
respect to the subject matter and supersedes any prior or
J. LOSS IN TRANSIT. Risk of loss will pass to Buyer contemporaneous communications; (if) may not be amended
upon delivery ofthe goods to the carrier. In case of breakage or except in writing executed by the parties and will prevail in any
loss in transit,Buyer will have notation ofsame made on expense case where the terms of Buyer's Purchase order or other
bill before paying freight. Seller maN reject claims fiar shortages communication are inconsistent: full will be interpreted and
not made within 15 drivs of'Buver's receipt ofthe goods. enforced in accordance with the laws of the State of Kansas,
without giving effect to principles of conflicts of law. These
6 TERM INATION, RESTOCKING CH'ARGES. terms and conditions are: 0)solely for the benefit ofthe parties,
o Buyermay terminate this purchase rder for its convenience, in and no provision ofthese term s and conditions will be deemed to
whole or in part, by written, taxed or telegraphic notice at any confer upon any other person any remedy, claim, liability,
time, If Buyer terminates this purchase order for convenience, reimbursement, cause of action or other right. Each party
Buyer will be liable to Seiler for Seller's reasonable costs consents to the exclusive personal jurisdiction of the state and
incurred in the performance of this purchas a order that Seiler federal courts located in th e State of Kansas for purposes of any
cannot mitigate, Unless otherwise agreed upon in advance in suit, action or other proceeding arising out of this Agreement,
writing by Seller;Seller may charge Buyer as 25% restocking fee, waives any argument that venue in any such forgot is not
if (a) upon approval by Seller. the Buyer returns any non- convenient andagreca that the venue ofany litigation initiated by
defective goods covered by this invoice"or(b)prior to shipment, either ofthem fit connection w ith this Agreement will be in either
but after the goods are produced by Seller, Buyer cancels the the District Court of Johnson County, Kansas, or the United
order for the subject goods States District Court,District ofKansas.If any pro v ision a fifiese
terms and conditions is unenforceable, the remaining provisions
T WARRANTY. Seller's warranty is prow ided will remain in effect,No waiver(whether by course of dealing or
separately: otherwiseI is effective unless it is made in writing and signed by
the party to be charged with such waiver, Unless otherwise
specified in writing, notices must be given in writing by
LIMITATION OF LIABILITY. SELLER IS NOT registered orcertified mail,re turri receipt requested,addressed to:
LIABLE FOR ANY CONSEQUENTIAL. INDIRECT, OR
INCIDENTAL DAM AGES, OR ANY LOST PROFITS OR Kustom Signals,Inc.
LOST SAVINGS, EVEN IF A SELLER REPRESENTATIVE Arm Sales Dept.
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH 9652 Liorat
LOSS, DAM AGES, CLAIMS OR COSTS, NOR IS SELLER
LIABLE FOR ANY CLAIM BY ANY THIRD PAR'ry, Lenexa,KS 66219
SELLER'S AGGREGATE LIABILITY UNDER OR IN
CONNECTION WITH THIS PURCHASE ORDER IS
LIMITED TO THE AMOUNT PAID FOR THE GOODS,
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,,'New Following Too Close Mode and TrafficTrak wireless
speed surveys.
Superior Operation
Increased targeting range
Fast acquisition time so you don't miss
Improved operation through glass
Certification management upgrade with
operational lockout upon expiration
Event Data Logging
• Multiple Event Recall
• High capacity internal memory
• Easy export to spreadsheet
• Display lock r
• New TrafficTrak speed survey
Easy to Read Displays
• Highly intuitive & customizable user interface
• 4 selectable aiming reticles
• Multiple language support
• TimeTraklm HUD tracking indicator (option)
• Count-alp tuner(option)
• Stopwatch or Following Too Class (option)
IFor and swept handle optimizes target Simple Following Events Bluetootl
tracking operation too close log handle(option)
30% li liter than traditional LID AR
ugge�ized pistol handle with Hog eO grip
Versatile Power Options #
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AA Batteries (alkaline or rechargeable)
12 VDC ire-car adaptor`
USB powered for use (from PC or card
'For USA only,Intonational con iguraOons may vary,please contact your Account Manager Eur details:
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Specifications rca a er 4 Package includes
Laser wavelength: 904 n +1- 10 nm * HogueTM Cobblestone over-sleeve grip
Speed accuracy: +11-2 mph(+11-2 km/h, +1/-2 knots) * Battery charger
with truncation * 8 AA NiMh rechargeable batteries
Speed range: 1 -200 mph(16-320 km/h,8- 174 knots) USB cable and 12 VDC adapter Lorerfi it
minimum speed optional * 3 year warranty
Target range; 10-8,000 ft(3 - 2,40 I ) * Hard carry case
Range accuracy: ±6 inches W 5 cm)
Display resolution: 0.1 ft(0.1 m) Construction & Environmental
Acquisition time; 0.3 seconds(on qualified targets) * hugged, high-impact polycarbonate Dandle
Laser beamwidth: 1 mR horizontall2.67 mR vertical w * Aluminium housing with rubber bumpers
Bye safety; CDRIIFDA Class 1 or 1 M IEC6085-1 * Poor weather and obstruction mode
Battery life: 5+hours(typical)
Operating temp. -22-F to 140°F(-300c to 60ac) Accessories
Rower input'. 4 x AA batteries * Tripod
USB type B * Lockable motorcycle holsters
12 VDC adaptor * Shoulder stock
110 data port: USB with high retention connector * Bluetoothe handle and hip printer
Bluetooth Optional * Saddlebag sleeve padded soft case
Profile(H x W x L; 9.8" x 4.3"x 6.3" (25 cm x 11 cm x 16 cm) * 3x HUD magnification
Weight(inc. batteries): 2.5 i s(1.1 kg) * Online operator training
IP67 water and dust proof *TrafficTrak with Andoid tablet
lgl-ITA Conforming Product List
Optional
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IP67 water proof 4 AA ttefies wireless hip printer I�or�atearr
Factory Selectable Options pistol grip
Feature Description Factory Selectable Option
Following Too Close Mode - Following Too Close or Stopwatch mode
Recall Events Menu(included) Disable Event Recall Menu and target measurement storage OR
Collect all target measurements and view on tear display(default)OR
Recall Marked Events and save select measurements 4�11
Tin eTrakTM Programmable HUD indicator for elapsed tracking history tinierCount-up timer - Elapsed tune since target speed measured(rear display)
Units of Measure Menu Disable Units Merin-ships with single selected unit of measure(default) ii ei
includes mph, kph;knots,or fps OR-
Units menu-selected units of measure-mph/kph;mph/knots;
kph/knots or mphlfps !r
Certification Management& Lockout- Programmable certification date reminder(default)OR
(Patent Pending) Lock-out if certification has expired Co nk tinter
Tamper Detection Electronic tamper detection available
*For USA only,International configurations may vary.release contact your Account Manager for details
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Suirvey Count
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Average Sped 7 ,
851tt Percentile 80
c �€1 rnit 88
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Over+5 50
50111 Percentile 78 r �
Std Del U 7
err'il Pace 78-8
to Face ) 78.78
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City of Apache Junction, Arizona 300 E Superstition
Boulevard
Agenda Item Cover Sheet Apache Junction,AZ
85119
Agenda Item No. 15.
File ID: 21-135
Sponsor:Jennifer Pena Agenda Date:4/6/2021
Index: In Control: City Council Meeting
The next regularly scheduled meetings are Monday,April 19th with an Executive Session at
6:00pm and Work Session at 7:00pm and Tuesday, April 20th with an Executive Session at
6:00pm and Council Meeting at 7:00pm at 300 E. Superstition Boulevard in Apache Junction,
AZ. Other meetings may be scheduled if necessary.
City of Apache Junction,Arizona Page 1 Printed on 313112021