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Home My WebLink About2021 09.21 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,September 21,2021 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. 21-463 Consideration of acceptance of agenda. Sponsors: Jennifer Pena 2. 1-462 Consideration of approval of minutes of the regular meeting of September 7, 2021. Sponsors: Jennifer Pena Attachments: 09-07-2021 3. 21-42 Consideration of approval of an extinguishment of a Federally Patent Easement(FPE), located on Forest Street(alignment)from Hilton Road to Goldfield Road, for the purposes of increasing buildable space for a home using the property line as the starting point for the forty(40) foot setback instead of the existing FPE. Sponsors. Raquel Schatz Attachments: Res 21-28 Council Memo 20210920 Res 21-28 Resolution Combined 21-xxX Extinc8uishrr�ent 2021Q831 t3RAFT City of Apache Junction,Arizona Page 1 Printed on 911512021 City Council Meeting Agenda September 21,2021 4. 21-430 Consideration of Resolution 21-43, a resolution of the Mayor and City Council of the City of Apache Junction, Arizona, supporting the Resolution Copper Equalization Payment Use for the acquisition of land for conservation and/or open space purposes in the Superstition Foothills area. Sponsors: Matt Busby Attachments: RES 21-43 Resolution Copper 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. 21-464 Presentation of proclamation designating the month of October 2021, as "Domestic Violence Awareness Month". Sponsors: Thomas Kelly Attachments: Domestic Violence Awareness Month Proclamation F. REGIONAL INTERGOVERNMENTAL UPDATES The mayor or any member of council may at this time present a brief summary of any regional intergovernmental updates. However, no discussion shall take place on such items except for clarifying comments related to substance, time and location. 6. 21-461 Brief summary of intergovernmental updates from mayor and councilmembers. Sponsors. Chip Wilson G. CITY MANAGER'S REPORT The city manager, members of city staff or those individuals designated by the manager may present information pertinent to items under consideration or information related to the operation of the city. There shall however be no discussion at this time except for clarification inquiries. 7. 21-460 City Manager's Report. Sponsors: Bryant Powell 8. 1-437 Discussion and presentation by Stephen Herring of Republic Services on free dump week and update on Landfill activity. Sponsors. Bryant Powell 9. 21-465 Presentation, discussion and update on the .2% sales tax dedicated to fund roadway maintenance and repairs. Sponsors: Matt Busby Attachments: 2% 2021 10. 1-459 Announcement of current events. Sponsors: Matt Busby City of Apache Junction,Arizona Page 2 Printed on 911512021 City Council Meeting Agenda September 21,2021 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. 11. 21-44 Presentation, discussion, public hearing and consideration of application for a Class B bingo license for VFW Superstition Mountain 9399,Apache Junction, Arizona. Sponsors: Jennifer Pena Attachments: Memo to Council Application®R PD Rec Approval Zoning approval SMFD Rec a proval Building Rec approval 12. 21-457 Presentation, discussion, public hearing and consideration of proposed Ordinance No. 1508, an ordinance of the Mayor and City Council of the City of Apache Junction, Arizona, amending Apache Junction City Code, Volume II, Land Development Code, Chapter 1:_ Zoning Ordinance, by repealing and replacing portions of Article 1-5: Zoning Bulk and Use Regulations; and by adopting by reference that certain document entitled "August 2021 Amendments to the 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 and § 1-5-4 Non-Residential Bulk Regulations"; repealing any conflicting provisions; providing for severability; and providing for penalties. Sponsors: Nicholas Leftwich Attachments: AM-1-21 Staff Resort CC 9-21-21 AM-1-21 Public Comment Letters Au ust 2021 Amendments to 1-5 Non-Residential Use and Bu114 Chan elo of Article 1w5 Amendments Ordinance 1508 P&Z Staff Re ort July 27 2021 City of Apache Junction,Arizona Page 3 Printed on 911512021 City Council Meeting Agenda September 21,2021 13. 21-456 Presentation, discussion, public hearing and consideration of proposed Resolution No. 21-30, 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 "August 2021 Amendments to the 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 and § 1-5-4 Non-Residential Bulk Regulations"; repealing any conflicting provisions; and providing for severability. Sponsors_: Nicholas Leftwich Attachments: AM-1-21 Staff Report CC 9_21_21 Resolution 21-30 14. 21-477 Presentation, discussion, public hearing and consideration of proposed Ordinance No. 1512, an ordinance of the mayor and city council of the City of Apache Junction,Arizona, amending Apache Junction City Code, Volume I by repealing Chapter 5: Municipal Court, in its entirety and adopting by reference a new Chapter 5: Municipal Court set forth in that certain document filed with the city clerk and titled "2021 Amendments to the Apache Junction City Code, Volume I, Chapter 5: Municipal Court"; repealing any conflicting provisions; providing for severability; and providing for penalties. Sponsors: Aaron LaSota Attachments: Memo to Staff CA Chapter 5 Memo to Staff PM Chapter 5 Ordinance 1512 Chapter 5 Municipal Court Ch 5 Judicial Assistant REDLINE Ch 5 Judicial Assistant CLEAN 15. 21-476 Presentation, discussion, public hearing and consideration of proposed Resolution No. 21-41, 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 titled "2021 Amendments to the Apache Junction City Code, Volume I, Chapter 5: Municipal Court". Sponsors: Aaron LaSota Attachments: Memo to Staff CA Chapter 5 Memo to Staff PM Chanter 5 Resolution 21-41 Chapter 5 Municipal Court 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 4 Printed on 911512021 City Council Meeting Agenda September 21,2021 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. 16. 21-471 Presentation, discussion and consideration of entering into an agreement with Interstate Mechanical Corporation to remove two (2) existing heating, ventilation and air conditioning units and install two(2) TRANE heating, ventilation and air conditioning units with controls per engineered specifications located at the Multi-Generational Center in the amount not to exceed $226,640.06. Sponsors: Heather Hodgman Attachments: HVAC Replacement Units at the MGC Imcor A reement 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 17. 21-458 Executive Session at 6:00 P.M. for Monday, October 4th and Executive Session at 6:00 P.M.for Tuesday, October 5th in the city council conference room located at 300 E. Superstition Boulevard in Apache Junction, Arizona and other meetings 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 5 Printed on 911512021 City Council Meeting Agenda September 21,2021 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 6 Printed on 911512021 City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No. 1. File ID: 21-463 Sponsor:Jennifer Pena Agenda Date:9/21/2021 Index: In Control: City Council Meeting Consideration of acceptance of agenda. City of Apache Junction,Arizona Page 1 Printed on 911512021 City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No.2. File ID: 21-462 Sponsor:Jennifer Pena Agenda Date:9/21/2021 Index: In Control: City Council Meeting Consideration of approval of minutes of the regular meeting of September 7, 2021. City of Apache Junction,Arizona Page 1 Printed on 911512021 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,September 7,2021 7:00 PM City Council Chambers A. CALL TO ORDER Mayor Wilson called the meeting to order at 7:03 p.m. B. INVOCATION AND PLEDGE OF ALLEGIANCE Vice Mayor Rizzi gave the invocation and Councilmember Schroeder led the meeting attendees in the Pledge of Allegiance. C. ROLL CALL Present: 7- Mayor Wilson Vice Mayor Rizzi Councilmember Evans Councilmember Schroeder Councilmember Biggs Councilmember Nesser Councilmember Gremmel Staff in Attendance: Bryant Powell, City Manager Matt Busby, Assistant City Manager Joel Stern, City Attorney Jennifer Pena, City Clerk Thomas Kelly, Police Chief Al Bravo, Public Information Officer Heather Hodgman,Administrative Services Manager J.J. Underwood, Recreation Coordinator Jamie Sullivan, Recreation Superintendent D. CONSENT AGENDA approved Yes: 7- Mayor Wilson, Vice Mayor Rizzi, Councilmember Evans, Councilmember Schroeder, Councilmember Biggs, Councilmember Nesser and Councilmember Gremmel No: 0 Vice Mayor Rizzi moved, seconded by Councilmember Schroeder to accept the consent agenda as presented. 1. 1-417 Consideration of acceptance of agenda. City of Apache Junction,Arizona Pagel City Council Meeting Meeting Minutes September 7,2021 2. 21-418 Consideration of approval of minutes of the regular meeting of August 17th, 2021. 3. 21-435 Consideration of approval of Award of Contract to Cactus Asphalt for the crack sealing of select city streets; this project was presented and discussed as part of the Fiscal Year 2022 CIP&Street Maintenance Plan at the July 6, 2021 city council meeting. Work is planned for October/November, 2021 and would be through the Pinal County cooperative job order Contract No. 175923 in the amount of$194,168.37, plus a 10% contingency for unforeseen change orders in the amount of$19,416.83, for a total project cost not to exceed $213,585.20. 4. 21-436 Consideration of Resolution No. 21-35 on the second amendment to an Intergovernmental Agreement with Pinal County defining responsibilities of each party for the road maintenance of Superstition Mountain Drive, South Mountain View Road and Southern Avenue. 5. 21-438 Consideration of Resolution No. 21-37 authorizing the submission of application to the Gila River Indian Community for five mobile radios. 6. 21-440 Consideration of Resolution No. 21-38, a resolution of the Mayor and City Council of the City of Apache Junction, Arizona, declaring as a public record and amending a certain document filed with the City Clerk entitled "City of Apache Junction Classification Plan for Fiscal Year 2021-2022"to amend the position of Principal Engineer. E. AWARDS, PRESENTATIONS AND PROCLAMATIONS 7. 21-383 Presentation of 25-year Service Award to Stephanie Greene, of the Apache Junction Library. Mayor Wilson recognized Stephanie Greene for her 25 years of service to the city. Pam Harrison, Library Director spoke on the accomplishments Ms. Greene has achieved over the 25 years. City Manager Bryant Powell then asked Stephanie Green to join him. He stated he has known Ms. Greene a very long time and she is a pillar in the community. She developed the youth program and LibraryCon. She has a tremendous wealth of information about the community as a whole and is frequently sought after for her knowledge. Mr. Powell presented Stephanie with a certificate and plaque for her years of service. 8. 21-432 Presentation of proclamation designating September 17th -23rd as Constitution Week. Mayor Wilson proclaimed September 17th through the 23rd as Constitution Week and presented the proclamation to Karen Barks, representative of the Daughters of the American Revolution. 9. 21-444 Presentation of proclamation recognizing September 1st as Second Responders Day. Mayor Wilson proclaimed September 1 as Second Responders Day and presented the proclamation to J.J. Underwood, Recreation Coordinator of the city's Parks and Recreation department. City of Apache Junction,Arizona Page 2 City Council Meeting Meeting Minutes September7,2021 F. REGIONAL INTERGOVERNMENTAL UPDATES 10. 21-219 Brief summary of intergovernmental updates from mayor and oounci|members. Cnunci|member Evans shared that the AJ CDC will hold their"Make a Difference Day"event on October 9th. There are several projects slated for that day and volunteers can sign up through the CDC'ovveboiteur there iaa link on city vveboih»to the AJ CDC vvebaite. Mayor Wilson announced the city council attended the League of Arizona Cities and Towns Annual Conference last week. There was a tremendous amount of information and insight shared ona variety ofissues. He shared information about a horrific accident between an automobile and 2 horses and riders. He wished to remind everyone that nighttime riding can be a risky outing and measures should be taken to increase the visibility of the horses and riders during these rides. Ha announced the Superstition Horseman's Association will be seeking a partnership with the city to provide reflective devices to riders and their horses. Vice Mayor Rizzi announced she and Councilmember Evans were recognized at the League Conference for their 8 years of service on the city council. G. CITY MANAGER'S REPORT 11. 21-420 City Manager's Report. City Manager Bryant Powell read a letter of appreciation from a resident regarding the Multi-Gen Center. The letter touched onthe extra measures the city takes in maintaining a variety of classes that are available, keeping the exercise equipment clean and in great condition and the amazing customer service the staff at the Multi-Gen Center provide. Mr. Powell spoke of another letter from an individual who received a code compliance violation notice. The resident was thankful for the assistance of code enforcement officer Kimberly Wilson. With the assistance of Ms. Wilson the resident was able to address the issues and no longer is in violation nf city codes. Mr. Powell then introduced the new Superstition Fire District Chief John Whitney. Mr.Whitney provided some background on his service over the years in the valley. He also presented two FIDO bags that were purchased with the funds received from the Superstition Horseman's Association. Mr. Powell then introduced Executive Director Trinity Cole from Genesis Project who provided a brief update on all the services they provide and the past year's activity. 12. Presentation and update from Genesis Project. Executive Director Trinity Cole provided a brief update on the work the Genesis Project has conducted over the year. City vr Apache Junction,Arizona Page City Council Meeting Meeting Minutes September7,2021 - Providahotmea|o on average of137/doy 'Shower vouchers which they purchase from the city - Pnovidao|othing - Hydnatinna|| yearnound - Employment training -Aooiotinfi|ingforunomp|oymentandothorbeneUto They have a library, computer access, an on-site mentor, mail service, an on-site nurse, and a community resource center. The community can continue their support by: -Advocatingforthnaoinneod - Donahefundmandreoeiveataxdeduotion - Provide services from their business that those at Genesis need -haircuts, dental etc. -Vo|untear Contact information for Genesis Project: PH: 480'225'7757 emai|: ganaoiopnojaotnz@gmoi|.onm 13' 21z421 Announcement of current events. Public Information Officer A| Bravo presented the following current events: -Saturday, September 11th will mark the 20th Anniversary uf0'11. Ad8:4Sa.m. there will baa memorial at Veterans Memorial Gazebo where a 9-11 K4amnriu| Plaque will be dedicated. -Constitution Day Event on Saturday, September 18th from 4-7 p.m. at Flat Iron Park. - Founders Centennial Celebration isa few months away. The committee meets at the Library on the second and fourth Wednesdays of the month. H. PUBLIC HEARINGS U' OLD BUSINESS J. NEW BUSINESS 14. 21-41U6 Presentation, discussion and consideration of entering into an agreement with Advanced Chemical Transport, Inc for the Novembor2021 and March 2022 household hazardous waste events in the amount of$8O.00U. approved Yen: 7- Mayor Wilson, Vice Mayor Rizzi, Counoi|memborEvana. Counoi|membar 8ohmedor, Counoi|momberBigga. Counoi|mamborN000er and Counni|membar Gmmma| No: O Administrative Services Manager Heather Hodgman provided a recap of the agreement the city has with Pina| County. Hna| County agreed tocontribute$10.000 per event uptoa maximum of $20.000ho reimburse the city in allowing county residents to participate in the Household Hazardous Waste Event. City vr Apache Junction,Arizona Page City Council Meeting Meeting Minutes September 7,2021 The contract before council is the contract with Advanced Chemical Transport for the collection, hauling and disposal of those materials dropped of during the event. Residents can drop off white goods, document shredding, tires, electronic recycling and hazardous material during the household hazardous events. The next events are scheduled for Saturday, November 13, 2021 and Saturday, March 5, 2022 from 8:00 a.m. to 12:00 p.m. 15. 21-439 Discussion on amendments to the Apache Junction City Code, Volume 1, Chapter 5, Municipal Court. Judge LaSota stated he would like Council's approval to hire an Associate Magistrate who would be an attorney, that would work no more than 19 hours per week on average. He stated the position does not warrant a full time employee. He would also like to hire a Judicial Assistant to replace the Management Analyst vacant position. He would like Council to appoint this person as a non-attorney Associate Magistrate. The Judicial Assistant would have limited powers and roles when acting as the Associate Magistrate,when the official Associate Magistrate is unavailable. This would require a change to Volume I of the city code, Chapter 5, Municipal Court, to allow the presiding magistrate the ability to recommend for appointment to council a part-time associate magistrate as well as a judicial assistant. The judicial assistant who will, in the absence of the associate magistrate and presiding magistrate, handle limited criminal matters such as initial appearances, arraignments, plea agreements and uncontested matters, and on occasion will handle civil traffic and other civil matters. The code amendment also eliminates the reference of a pro-tem magistrate since they are only authorized under Arizona law to adjudicate superior court and justice of the peace cases. K. COUNCIL DIRECTION TO STAFF L. SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES 16. 21-422 Executive Session at 6:00 P.M. for Monday, September 20th and Executive Session at 6:00 P.M. for Tuesday, September 21st in the city council conference room located at 300 E. Superstition Boulevard in Apache Junction, Arizona and other meetings scheduled if necessary. approved Yes: 7- Mayor Wilson, Vice Mayor Rizzi, Councilmember Evans, Councilmember Schroeder, Councilmember Biggs, Councilmember Nesser and Councilmember Gremmel No: 0 M. CALL TO PUBLIC Darryl Cross, resident of Apache Junction spoke on equine safety for the community. They would like to see horse and rider have reflective devices during nighttime riding and they will be working on providing these through a community outreach effort. City of Apache Junction,Arizona Page 5 City Council Meeting Meeting Minutes September 7,2021 Donna Carr, resident of Apache Junction spoke on her own encounter with a police officer when she was out riding one night. The officer pointed out the fact the horse did not have"rear tail lights"and to get off the road. She also commented on the excessive use of drugs occurring across the country and mentioned a non-profit organization on the east coast called Marathon House. It might be something this community is interested in, it gives people a hand up and not a hand out. N. ADJOURNMENT Mayor adjourned the meeting at 8:04 p.m. ACCEPTED THIS DAY OF 12020, BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA. SIGNED AND ATTESTED TO THIS DAY OF 2020. WALTER"CHIP"WILSON Mayor ATTEST: JENNIFER PENA City Clerk 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. 1 further certify that the meeting was duly called and held and that a quorum was present. Dated this day of 2021. JENNIFER PENA City Clerk City of Apache Junction,Arizona Page 6 City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No. 3. File ID: 21-452 Sponsor: Raquel Schatz Agenda Date:9/21/2021 Index: In Control: City Council Meeting Consideration of approval of an extinguishment of a Federally Patent Easement(FPE), located on Forest Street(alignment)from Hilton Road to Goldfield Road, for the purposes of increasing buildable space for a home using the property line as the starting point for the forty(40)foot setback instead of the existing FPE. City of Apache Junction,Arizona Page 1 Printed on 911512021 Public Works Department H Home of the Superstition Mountains Date: September 20, 2021 To: Honorable Mayor and Members of the City Council Through: Bryant Powell, City Manager Mike Wever, Public Works Director From: Raquel Schatz, Project Engineer Subject: Federal Patented Easements Proposed Resolution No. 21-28 Forest Street from Hilton Road to Goldfield Road BACKGROUND Federal Patented Easements (FPEs) were created by federal law and inherited by the city from Pinal County upon city formation and subsequent annexations. They are the means whereby properties are accessed by citizens in portions of Apache Junction to mitigate the need of acquisition to serve access to otherwise landlocked parcels. FPEs are typically a total of 66 feet in width with 33 feet on each side of common parcel lines. EXISTING CONDITIONS The Forest Street (alignment) FPE from Hilton Road to Goldfield Road has never been maintained by the city and is not classified as a local roadway. In addition,the FPE does not provide access to any parcels which would be landlocked in the event of extinguishment. Area transportation would not be adversely affected by an extinguishment. PURPOSE Steve Holland, owner of the underlying property, filed an application for the extinguishment on July 26, 2021. The property is currently on the market for sale with contingent upon the extinguishment so that the potential buyer(s) can build a house. However, there is a wash that bisects the property and with the current setback of 40' plus the 33' FPE, there is insufficient room to build a house. The extinguishment would provide a reduction of setbacks and would allow a house to be built between the property line and an existing wash all in compliance with city zoning and residental home building codes. 575 E.Baseline Avenue, Apache Junction, AZ 85119 • Voice (480) 982-1055 • Fax (480) 982-8005 Public Works Department �t �r ,r Home of the Superstition Mountains PROCESS Once the easement has been extinguished,the property owner can apply for a building permit using the property line as opposed to the existing FPE as the setback boundary. RECOMMENDATION Staff recommends extinguishment of the Forest Street FPE from Hilton Road to Goldfield Road. ACTION REQUIRED After tonight's presentation and discussion, this item will be placed on the consent calendar scheduled for September 215t, 2021. 575 E.Baseline Avenue, Apache Junction, AZ 85119 • Voice (480) 982-1055 • Fax (480) 982-8005 RESOLUTION NO. 21-28 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, DECLARING A FEDERALLY PATENTED EASEMENT LOCATED AT FOREST STREET FROM HILTON ROAD TO GOLDFIELD ROAD, IS NO LONGER NECESSARY FOR PUBLIC USE AS A FEDERALLY PATENTED EASEMENT AND IS HEREBY EXTINGUISHED AS PRESENT AND FUTURE PUBLIC RIGHT-OF-WAY. WHEREAS, upon incorporation, the City of Apache Junction, an Arizona municipal corporation, became the holder of roadway easements, also known as federally patented easements (FPEs) , pursuant to the Small Tract Act of 1938 (52 Stat . 609, as amended, 43 U. S .C. 682a-682e) , as more fully described in Exhibit A and depicted in Exhibit B; and WHEREAS, an FPE may be extinguished by a local municipal government pursuant to A.R. S . §§ 9-500 . 24 and 28-7214; and WHEREAS, on July 26th, 2021 the applicant paid the required non-refundable application and filing fee for the extinguishment request pursuant to Apache Junction City Code § 13-2-4 (H) ; and WHEREAS, the reason for the FPE extinguishment request is to, increase the buildable space for a home using the property line as the starting point for the 40 foot setback measurement instead of the existing FPE boundary line; and WHEREAS, pursuant to Apache Junction City Code § 13-2-4, the director of public works on August 2, 2021, submitted copies of the application for comment to the development services director, the public safety director, the Superstition Fire and Medical District, as well as all public utility providers; and WHEREAS, the extinguishment request, if approved, would not leave a parcel in separate ownership without access to an established public roadway or easement connecting such lands with another public roadway or easement; and WHEREAS, the city engineer has determined that the FPE in question, because of its location, topography, and encroachments therein, have no or de minimis public value . RESOLUTION NO. 21-28 PAGE 1 OF 4 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION ARIZONA, AS FOLLOWS : 1) The mayor and city council of the City of Apache Junction find that the FPE, as described in Exhibit A and depicted in Exhibit B, is classified as a local street on the Street Classification Plan and is no longer necessary for public roadway purposes, has no or de minimis public value, and is hereby extinguished for public roadway purposes . 2) Nothing in this approval extinguishes any utility easement interest of any public utility agency or entity on the subject FPE. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS DAY OF r 20—. SIGNED AND ATTESTED TO THIS DAY OF 20 WALTER "CHIP" WILSON Mayor ATTEST: JENNIFER PENA City Clerk APPROVED AS TO FORM: RICHARD J. STERN City Attorney RESOLUTION NO. 21-28 PAGE 2 OF 4 EXHIBIT A PARCEL 1 (Adjacent to parcels 100-24-024E and 100-24-024F) The South thirty-three feet (33' ) of the North half of the Northeast quarter of the Southeast quarter of the Northeast quarter of Section 15, Township 1 North, Range 8 East of the Gila and Salt River Base and Meridian, Pinal County, Arizona; EXCEPT the East fifty feet (50' ) THEREOF; AND PARCEL 2 (Adjacent to parcel 100-24-025C and 100-24-025E) The North thirty-three feet (33' ) of the South half of the Northeast quarter of the Southeast quarter of the Northeast quarter of Section 15, Township 1 North, Range 8 East of the Gila and Salt River Base and Meridian, Pinal County, Arizona; EXCEPT the East fifty feet (50' ) THEREOF; RESOLUTION NO. 21-28 PAGE 3 OF 4 EXHIBIT "B" 1 WI pl I IQ I Ip I I� DI 00 I I� I I0 I Iz 0 I ry ry Oc� FOOTHILL STREET 1 10 I 1 1 1� i iui i 023B 10i i 024H 024J iwI J_ p c/) < IM 0 i i l i i i 024E 024F 10� 1 1 1 I 023D 1 1 50' I 1165-583 F I 275-402 I I I 1 1 i i 023E 1 025C 025E I 1 I 1 1 1 1 1 023C i t 025D 025F i SMOKETREE i i _ STREET - - - - - - - - - - - - - - - - I I 1 I 1 I 1 1 1 1 1 1 I 1 s — 1 PIONEER STREET LEGEND — — 66' _ 3' PROPOSED EXTINGUISHMENT — r PREVIOUSLY EXTINGUISHED 33' I DEDICATED RIGHT—OF—WAY TO REMAIN ——— ROAD CENTERLINE TYPICAL FPE/ROW DIMENSION - — — - FEDERAL PATENT EASEMENT (UNLESS OTHERWISE NOTED) PROPERTY LINE 119-086 PATENT DEED(S) cn RESOLUTION NO. 21-28 z Direction to Staff,*. 21-XXX Roadway Easement Extinguishment : - Forest Street ( alignment ) from Hilton Rd to Goldfield Rd Department of Public Works September 20, 2021 By: Raquel Schatz Background • A GLO easement is a roadway and utility easement created by the initial transfer of land titles from the Federal government to k an individual through the General Land Office (GLO) through then Bureau of Land Management (BLM), pursuant to the provisions of an Act of Congress approved June 1, 1938. • Federal Patent Easements (FPEs) are either 5 or 2 % acre parcels with a reservation of right-of-way of 33' in width along the boundaries of said land on private property. • The reservation of right-of-way along the boundaries of the land ensured that no individual parcel would be land locked, or without legal access to the land. Resolution 21-28: Extinguishment (Forest Street) u z }, p Locat'i' on Reason: To increasing buildable space for a home using the property line as the starting point for the 40 foot setback instead of the existing FPE. EXTINGUISHED ROADWAY DEDICATED RIGHT-OF-WAY FEDERAL PATENT EASEMENT w E DOCUMENT NUMBER ti u .. r s. 43r + Resolution 21-28: Extinguishment (Forest Street) < �a �© <. a ; Staff Recommendation DISCUSSION Thank You y; 3 � » Resolution 2 1-28: Extinguishment (Forest Street) City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No.4. File ID: 21-480 Sponsor: Matt Busby Agenda Date:9/21/2021 Index: In Control: City Council Meeting Consideration of Resolution 21-43, a resolution of the Mayor and City Council of the City of Apache Junction, Arizona, supporting the Resolution Copper Equalization Payment Use for the acquisition of land for conservation and/or open space purposes in the Superstition Foothills area. City of Apache Junction,Arizona Page 1 Printed on 911512021 RESOLUTION NO. 21-43 RESOLUTION OF SUPPORT FOR RESOLUTION COPPER EQUALIZATION PAYMENT USE FOR THE ACQUISITION OF LAND FOR CONSERVATION AND/OR OPEN SPACE PURPOSES IN THE SUPERSTITION FOOTHILLS AREA WHEREAS, the city of Apache Junction is aware that there is support from various organizations, Cities and Towns that the Resolution Copper Mine-associated land exchange equalization payment(which will include the appraised value of the ore body) to the Southwest Regional National Forest (Region 3), be used for the acquisition of land located in the Superstition Area Land Plan to be utilized and dedicated for conservation and/or open space purposes: and WHEREAS,the goal of preservation and conservation of portions of the Superstition Area Land Plan, adjacent to the southern border of the Superstition Wilderness Area, for use as open space,has long been of interest to various organizations such as the Superstition Area Land Trust, Pinal County and other cities and towns; and WHEREAS, it is further requested that any purchase utilizing Resolution Copper Equalization Payment for acquisition of land be done in an open and transparent manner with the collaboration of the supporting partners, Pinal County, Cities and Towns all expressing this or similar resolutions who are committed to these goals, NOW THEREFORE, BE IT FURTHER RESOLVED, that the City of Apache Junction City Council support the use of any Resolution Copper Equalization payment for the acquisition of land for conservation and/or open space purposes in the Superstition Foothills Areas adjacent to the Southern border of the Superstition Wilderness Area. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS 21 ST DAY OF SEPTEMBER 2021. SIGNED AND ATTESTED TO THIS 2 IST DAY OF SEPTEMBER, 2021. WALTER"CHIP"WILSON ATTEST: Mayor JENNIFER PENA City Clerk APPROVED AS TO FORM RICHARD J. STERN City Attorney City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No. 5. File ID: 21-464 Sponsor:Thomas Kelly Agenda Date:9/21/2021 Index: In Control: City Council Meeting Presentation of proclamation designating the month of October 2021, as"Domestic Violence Awareness Month". City of Apache Junction,Arizona Page 1 Printed on 911512021 Prortamatton DOMESTIC VIOLENCE AWARENESS MONTH OCTOBER 2021 WHEREAS, anyone can be a victim of domestic violence regardless of age, sex, ethnicity, sexual orientation, socioeconomic status, or religion; and WHEREAS, domestic violence in any community may exist as a hidden, silent, and often unrecognized reality that is often not reported to authorities; and WHEREAS, there is a need to challenge the assumptions made about domestic violence, become proactive in preventing domestic violence and hold offenders accountable; and WHEREAS, the City of Apache Junction, the Apache Junction Police Department, A New Leaf, and other agencies, organizations and state coalitions across Arizona and the nation are committed to preventing domestic violence by promoting prevention awareness campaigns, educating the community and advocating for victim's rights. NOW, THEREFORE, I, Walter "Chip" Wilson, Mayor of the City of Apache Junction, Arizona, do hereby proclaim October 2021 as DOMESTIC VIOLENCE AWARENESS MONTH in Apache Junction and urge all citizens to work together to prevent domestic violence. Signed and attested to this day of 12021. 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: 21-461 Sponsor: Chip Wilson Agenda Date:9/21/2021 Index: In Control: City Council Meeting Brief summary of intergovernmental updates from mayor and councilmembers. City of Apache Junction,Arizona Page 1 Printed on 911512021 City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No.7. File ID: 21-460 Sponsor: Bryant Powell Agenda Date:9/21/2021 Index: In Control: City Council Meeting City Manager's Report. City of Apache Junction,Arizona Page 1 Printed on 911512021 City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No.8. File ID: 21-437 Sponsor: Bryant Powell Agenda Date:9/21/2021 Index: In Control: City Council Meeting Discussion and presentation by Stephen Herring of Republic Services on free dump week and update on Landfill activity. City of Apache Junction,Arizona Page 1 Printed on 911512021 City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No.9. File ID: 21-465 Sponsor: Matt Busby Agenda Date:9/21/2021 Index: In Control: City Council Meeting Presentation, discussion and update on the .2%sales tax dedicated to fund roadway maintenance and repairs. City of Apache Junction,Arizona Page 1 Printed on 911512021 Street Projects Sales Tax ( SST) Revenues FY13/ 14 $ 0 FY17/18 $ 1, 122,1377 FY14/ 15 $ 267,1578 FY18/19 $ 1, 168, 959 FY15/ 16 $ 805,1013 FY19/20 $ 1, 272,1268 FY16/ 17 $ 787,1002 FY20/21 $ 1, 283,9716 Tota l $617061913 *FY20/21 is a preliminary number Street Projects Sales Tax ( SST) Expenditures FY13/14 $ 11,1000 FY17/18 $ 1,406,1615 FY14/15 $21014, 256 FY18/19 $ 335,000 FY15/16 $ 977, 346 FY19/20 $ 822,492 FY16/17 $ 11131, 254 FY20/21 110 6 Ov1 -9 7 Tota l $7, 7 5 8, 160 *FY20/21 is a preliminary number Revenues - Expenditures Revenues $ 617061913 Expenditures - 7,# 758.# 160 -$ 1105111247 * The difference of$1,051,247 was paid for by HURF and will be paid back with SST A 4 { �{ 1 � } t 4 f th, e,�al `11 rb ¢ i��4 I ls�l t � ns { s � ss 7 ��r�r7 }ayrlc 1.C!'�r p, ;`•':... r r x i Recent Pavement Preservation Slurry Seals — Sunrise Canyon and Cortez Ranch Subdivisions Year Chip Seals — Tepee St., North Tomahawk Rd. 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City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No. 10. File ID: 21-459 Sponsor: Matt Busby Agenda Date:9/21/2021 Index: In Control: City Council Meeting Announcement of current events. City of Apache Junction,Arizona Page 1 Printed on 911512021 City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No. 11. File ID: 21-434 Sponsor:Jennifer Pena Agenda Date:9/21/2021 Index: In Control: City Council Meeting Presentation, discussion, public hearing and consideration of application for a Class B bingo license for VFW Superstition Mountain 9399, Apache Junction, Arizona. City of Apache Junction,Arizona Page 1 Printed on 911512021 Home of the ,Superstition Mountains September 21, 2021 MEMORANDUM TO: Honorable Mayor and City Council Members THROUGH: Bryant Powell, City Manager FROM: Jennifer Pena, City Clerk SUBJECT: Bingo License Application—VFW Superstition Mountain 9399 An application for a Class B bingo license has been submitted by Debi Rankin for the VFW Superstition Mountain 9399 located at 133 N. Saguaro St., Apache Junction, AZ. A Class B license is for licensees dedicated to raising funds for their sponsoring charitable organization. A Class B license is for those organizations whose gross receipts do not exceed $300,000 per year. Correspondence related to inspections of the premises for safety and code compliant matters have been received from the Planning&Zoning Division, Apache Junction Police Department, Building& Safety Division, and the Superstition Mountain Fire District.These entities find compliance with the inspection requirements. 1. The City Council will hold a public hearing on the matter. The applicant was notified by mail of the meeting and requested to attend to address any questions the council may have. 2. The City Council will then make a recommendation of approval or denial to the Arizona Department of Revenue regarding the application. From:Thomas Parker Sent:Wednesday,August 25, 2U2112:31PM To:Jennifer Pena ; 'Tina Gero|a' ; 'Rick Ochs' DaveZeUner Rudy Esqukims Cc:Joseph Penze ;Thomas Kelly Subject: RE:VFW Post 9399 Bingo Class B license Application The police department has nP objections tm this request. From: Racy Es-quivias To: Ie-n-2fer—Pena;Thomas Parker;2—in-a—G—e-r-g—le;"Rick Ochs";nave—Zellner Subject: RE:VFW Post 9399 Bingo Class B license Application Date: Thursday,August 26,20215:02:18 PM Jennifer: The Planning Division has no objections to bingo activities and/or the continuation thereof at the local VFW, Thanks. C&U4 cfquivia-6 Planning Manager/Zoning Administrator City of Apache Junction 300 E. Superstition Blvd. Apache Junction® AZ 85119 480-474-2645 Laaau-i�via -La-p (Development Services Department office hours: Monday through Thursday from 7:00am to 6:00pm, closed Fridays and Holidays. ) From:Jennifer Pena <jpena@apachejunctionaz.gov> Sent:Tuesday, August 24, 20216:51 PIVI To:Thomas Parker<tparker@apachejunctionaz.gov>; 'Tina Gerola' <tina.gerola@sfmd.az.gov>; 'Rick Ochs' <rick.ochs@sfmd.az.gov>; Dave Zellner<dzellner@apachejunctionaz.gov>; Rudy Esquivias <resquivias@apachejunctionaz.gov> Subject:VFW Post 9399 Bingo Class B license Application The c ity c le rk's office has received the attached Cla ss B lBing o License application for VFW Superstition Mountain Post 9399. Please conduct your inspections and submit yourdepartment recommendations to me by Tuesday, September 7 th in order for this item to be on the SE)ptember21st council meeting. Thank you Je+w4e+-Pefta, CMC City Clerk City of Apache Junction 300 E. Superstition Blvd. Apache Junction AZ 85119 Main Ph:480-982-8002 .iamaLit mach unctiomZ-10v Hoursfrom 7:00 AM-6:00 PM, M-11h, closed Friday& Bethany Kuenstler From: TinaGero|a <tina.gero|a@sfmd.az.gov> Sent: Wednesday, August 25' 20212:24PK4 To: Jennifer Pena;Thomas Parker; Rick Ochs; Dave ZeUner; Rudy Esquivias Subject: RE: [Externa|] VFW Post 9399 Bingo Class B license Application The SFK4DreCVnl[Rends approval ofthe application. Thank you. Tina Gemo|oI Fire Inspector Community Risk Reduction Specialist Superstition Fire Q Medical District Office 1 (48O)982~l440ext. 104 mobile 1 (480)416'9775 NEW MOBILE NUMBER Office Hours I Monday-Thursday from 7am'6pm VVebsiteI Lfmcbaz.gov Connect with us/000000 From:Jennifer Pena "jpena@apachejunctiunaz.gov» Sent:Tuesday,August 24, 2O21S:S1PM To:Thomas Parker<tparker@apachejunutionaz.Bov>;Tina Gern|a<tina.8ern|a@sfnnd.az0ov>; Rick Ochs <rick.ochs@sfmd.az.0uv>; Dave Ze||ner<doe||ner@apache]unctionaz.0nv>; Rudy Esquivias <resquivias@apachejunctionaz.8ov> Subject:VFW Post 9399 Bingo Class B license Application CAUTION:This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders. The oih/u(cdk`m office has received the attached Class B Bingo|Liocnoc application for VFW Superstition Mountain Post 0300. Please conduct your inspections and submit your department recommendations to me by Tuesday,September 7t'in order for this item tobeon the September 21ucound| meeting. Thankyou Jennifer Peha,CIVIC City Clerk City of Apache Junction 3OOE.Superstition Blvd. Apache Junction AZ8S119 Main Ph:480-9O2-8002 Hours from 7:OOAK8'G:OO PM,K8-Th,closed Fridays. This message and the information within is intended for the recipient. If you received this email in error,please notify the sender and then delete the email. Emai|s generated by council members or City staff pertaining to City business are public records and are preserved according to the City's records retention schedule.To ensure compliance with the Open Meeting Law,members of the 1 City Council should not forward email correspondence to other members of the Council. Members of the Council and other public bodies may reply to this message, but should not copy other members of the public body. 2 Bethany Kuenstler From: Dave Zellner Sent: Wednesday, August 25, 2021 7:28 AM To: Jennifer Pena;Thomas Parker; 'Tina Gerola'; 'Rick Ochs; Rudy Esquivias Subject: RE:VFW Post 9399 Bingo Class B license Application Hi Jennifer, The current use of the VFW facility is in line with this proposed use.The Building Division does not have any concerns regarding this license request. Thank you, J. Davis "Dave" Zellner, CBO Building and Safety Manager- Development Services City of Apache Junction 300 E. Superstition Blvd, Apache Junction, AZ 85119 480-474-5084, dzeIIner@apacheiunctionqz,,,gov Office Hours-Monday—Thursday 7:00am®6:00prn,Closed on Fridays From:Jennifer Pena <jpena@apachejunctionaz.gov> Sent:Tuesday,August 24, 20216:51 PM To:Thomas Parker<tparker@apachejunctionaz.gov>; 'Tina Gerola' <tina.gerola@sfmd.az.gov>; 'Rick Ochs' <rick.ochs@sfmd.az.gov>; Dave Zellner<dzellner@apachejunctionaz.gov>; Rudy Esquivias <resquivias@apachejunctionaz.gov> Subject:VFW Post 9399 Bingo Class B license Application The city c le rk's off ic e has received the attached C la ss B Bing o License application for VFW Superstition Mountain Post 9399. Please conduct your inspections and submit yourdepartment recommendations to me by Tuesday, September7th in order for this item to be on the Sqptember2lst council meeting. Thank you Jenytifer Pe4lct� CMC City Clerk City of Apache Junction 300 E.Superstition Blvd. Apache Junction AZ 85119 Main Ph:480-982-8002 jpema(a hejunct ianqz--gov Hoursfrom 7:00 AM-6:00 PM, M-71h, closed Fridays. I g lbismessage and the information within isintended forthe recipient. If you received thisemail in error, please notify the senderand then delete the email. Erna ilsgenerated by council membersorCity staff pertaining to City businessare public recordsand are preserved according to the City's records retention schedule.To ensure compliance with the Open Meeting Law, membersof the City Council should not forward email correspondence to othermembersof the Council. Membersof the Council and other public bodiesmay reply to thismessage, but should not copy other membersof the public body. 2 City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No. 12. File ID: 21-457 Sponsor: Nicholas Leftwich Agenda Date:9/21/2021 Index: In Control: City Council Meeting Presentation, discussion, public hearing and consideration of proposed Ordinance No. 1508, an ordinance of the Mayor and City Council of the City of Apache Junction, Arizona, amending Apache Junction City Code, Volume II, Land Development Code, Chapter 1:_Zoning Ordinance, by repealing and replacing portions of Article 1-5: Zoning Bulk and Use Regulations; and by adopting by reference that certain document entitled "August 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 and § 1-5-4 Non-Residential Bulk Regulations"; repealing any conflicting provisions; providing for severability; and providing for penalties. City of Apache Junction,Arizona Page 1 Printed on 911512021 City ofApache Junction Development Services Department APACHE JUNCTION CITY COUNCIL STAFF REPORT Date: September 21, 2021 To: Honorable Mayor and City Council Members Through: Larry Kirch, Development Services Director Rudy Esquivias, Planning Manager/Zoning Administrator From: Nicholas Leftwich, Associate Planner Subject: September 20, 2021 City Council Work Session Item; September 21, 2021, City Council Public Hearing Item: AM-1-21 (Resolution No. 21-30, Ordinance 1508) Presentation, discussion and consideration on proposed text 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 and § 1-5-4 Non-Residential Bulk Regulations . BACKGROUND On August 17, 2021, the City Council held a public hearing for the presentation and discussion of the proposed amendments to Apache Junction City Code, Volume II, Land Development Code, Chapter 1 : Zoning Ordinance, Article 1-5 : Zoning Bulk and Use Regulations . Following the reception of public comments and council discussion, the public hearing item concerning the proposed amendments was continued until September 21, 2021 to allow further study and consideration of how to properly shape the "B-3" City Center Land Use categories . August 17, 2021 City Council Public Hearing: http: //apachejunction.granicus . com/player/clip/1978?view id=2&re direct=true Under this direction, staff researched and re-evaluated the land use categories of consideration and presents the revised document "August 2021 Amendments to the Apache Junction City "Non-Residential Use and Bulk Regulations Text Amendments"Case AM-1-21 September 21,2021 City Council Staff Report 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 and § 1-5-4 Non-Residential Bulk Regulations" for council consideration and public hearing. Regarding the discussion items : • As noted in council discussion, there was some confusion about how the code language handled accessory retail and service uses . Footnote 6 has been updated with clearer language and utilized more frequently within the table to designate that the noted use is permitted when accessory to a permitted primary use, such as how a grocery store sells bottled gas, but a stand-alone bottled gas store is not a permitted primary use in the B-3 district. • The land uses identified in the August 17th meeting have been re-evaluated. Printing shops and offices have been amended to be allowed without additional restrictions in the B-3 zone . Auto part sales and appliance repair are permitted when incidental to a permitted primary use. Staff recommendation regarding car washes, auto repair shops, nurseries and greenhouses, and antique stores has not changed. • Vehicle Showrooms, such as those that luxury auto dealerships have located inside of malls, were further researched with discouraging results, and as such they have not been added as a separate category from the inclusive "Motor Vehicle Dealer" land use category. • Staff recommends that the Conditional Use Permit requirement for Outdoor Amplified Music for restaurants and bars remain unchanged. Other jurisdictions, such as the Town of Gilbert, have noted that other noise problems such as extreme bass levels disturbing nearby residents can occur even when the decibel levels that the city' s noise ordinance regulates do not exceed city standards . Staff Recommendation The proposed text amendment has been drafted in order to address several needs within the current land use regulations of Apache Junction City Code, Volume II, Land Development Code, Chapter 1 : Zoning Ordinance, Article 1-5 : -Zoning Bulk and Use Regulations . Planning staff recommends approval of the proposed text amendment. Resolution No. 21-30 adopts the document "August 2021 Amendments to the Apache Junction City Code, Volume II, Land Development Code, Chapter 1 : Zoning Ordinance, Article 1-5 : Zoning Bulk and "Non-Residential Use and Bulk Regulations Text Amendments"Case AM-1-21 September 21,2021 City Council Staff Report Use Regulations, § 1-5-3 Non-Residential Use Regulations and § 1-5-4 Non-Residential Bulk Regulations" as public record. Ordinance No. 1508 amends the code through the process of repealing the current sections and replacing them with the amended version, adopting by reference the document made public record through Resolution No. 21-30 . Planning and Zoning Commission Recommendation A Planning and Zoning Commission public hearing was held on July 27, 2021 . The Commission unanimously recommended approval of the text amendment in a vote of 7-0 . From the time of that recommendation the amendments have been altered in the manner noted above, as well as other edits as directed by the city council in the August 2, 2021 Work Session and as reported previously in the August 17th City Council meeting. These changes were to the allowances for data centers, trade schools, administrative services and shopping center developments, as well as a change to the percent requirement of how much acreage a residential development replacing a commercial development would be required to retain for commercial uses from 45% to 350 . The attached ordinance represents the combination of the Commission' s recommendation and these requested changes . Attachments: -Ordinance No. 1508 -Resolution No. 21-30 -August 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 and § 1-5-4 Non- Residential Bulk Regulations -Changelog of Article 1-5 Amendments -P&Z Staff Report (July 27, 2021) -Public Comment Letters "Non-Residential Use and Bulk Regulations Text Amendments"Case AM-1-21 September 21,2021 City Council Staff Report Lake, PL,C. Real Estate and Land Use Attorneys W.Ralph Peer CeMf ed Beal Estate Specialist August 11, 2021 Sears B.Lake Reese L.Anderson VIA EMAIL (lLirchLa a ac heLlinctionaz. ov) Larry Kircll Planning Director City of Apache Junction 300 E. Superstition Blvd Apache Junction,AZ 85119 VIA EMAIL (nlefhvith(ii)a ae eiunctionaa. oy) Nicholas Leftwich Associate Planner City of Apache Junction 300 E. Superstition Blvd Apache Junction,AZ 85119 Re;: Allowed Uses in the .B`-3 Zoning District Dear Larry and Nick: Thank you for taking time to meet with the Bela Flor team on Monday morning. It meant a lot to the team that you made time for us on short notice. First, we applaud you and the City Planning Staff for the passion and drive to establish a meaningful downtown that will be an attractive and desirable place to gather. Please know that Bela Flor shares this same vision and that we are united in the end goal. As expressed during our meeting,we wish to share a few more precise thoughts in response to the current list of proposed uses that Nick sent to us on Monday, August 9t". To help with tracking, we will follow the same order in which these items appear in the August 9"' document. Our comments arise from our recent and extensive market analysis of what types of uses would be possible 1 viable at this location. We further note that over time,we anticipate that uses can evolve and grow within the B-3 zone, as successful building blocks; one by one. Thus, it is critical that we establish successful uses now. As the cliche goes,success breeds success. Before getting into these specifics; let us state that we agree with the vast majority of all the designations that you have in the B-3 zone. You have invested significant work in this effort and believe that these designations will help provide the right direction for the development of the Apache Junction downtown. Let's step back and look at the big picture for a moment. Retail businesses are undergoing significant transformation. Covid-19 accelerated changes that may have otherwise taken decades. These changes will continue. None of us can predict perfectly how retail will evolve. Fiveyears 1744 South Val Vista Drive, cite 217 m Mesa Arizona 85204 . 480 461 4670 [phone] . 480 461 4676 jfaxl August 11, 2021 Page 2 of 3 ago,who could have predicted that Amazon would expand into brick&mortar stores, or that Tesla or Lucid would set up new car dealerships in showrooms in more traditional shopping malls like Scottsdale Fashion Square and Fashion Island in Newport Beach! Certainly, we could not have foreseen these developments. Because of this, we believe that the CUP approach is a valid one for several additional uses, where we simply cannot predict the future. This will allow Apache Junction to evaluate the business, specific use, and design as proposed, and make a decision at the relevant time. With that as background, the following represent our suggested modifications: • Motor Vehicle Dealers. We suggest that the City allow new motor vehicle dealers in a showroom environment with a maximum sq. footage of 7,000 sq. ft. Doing so would allow new auto dealers the opportunity to showcase their products without the traditional space necessary. As we shared on Monday, Fashion Island in Newport Beach actually has four (4) of these types of uses, Lexus, Lincoln, Lucid and Tesla all within that project. We also just learned that Scottsdale Fashion Square has a new Lucid showroom within that project. These uses are becoming more common in retail environments, though unheard of just a few years ago. • General Auto Repair. We suggest allowing general auto repair, subject to a CUP, which will allow staff and the decision-making body,the opportunity to ensure that the design, architecture, and location are appropriate and in keeping with the vision of the plan. Obviously,bay doors should be in the back and cars should not be left over night. These uses bring significant retail customers who can patron other sites while their vehicle is being repaired. If built with good design,this can be a positive use. • Car Washes. For similar reasons,we suggest allowing car washes subject to a CUP. The newer, modern tunnel car washes are attractive, in high demand and bring a large number of people to the area. The location should be near the higher traffic road frontage for obvious reasons. • Automotive Parts. We can easily envision an AutoZone or O'Reilly's within the B-3 area but would suggest that this use be allowed subject to a CUP for the same reasons stated above. There should not be work done by the company or patrons onsite. • Appliance Sales & Parts, For similar reasons noted above, we suggest that a CUP be used for this use. We envision small scale appliance stores or computer stores that would fit well into the overall vision for this area. Look at Godar Electronics in the Heritage District of Gilbert, which can be verified by following this link to the Heritage District map: h content/1-itiloads/2018/04/lierita�eDistrictMap.gif D_11 din Materials, As existing today, there is a hardware store on Apache Trail, which we think is an acceptable use to support the residential uses that are planned for the area. We suggest that a CUP process would be a good approach to allow this type of use. Within the Gilbert Heritage District, is Arizona Hardwood Flooring Supply, which would be a great use in Apache Junction. See Gilbert Heritage District Map, link above. August 11 2021 Page 3 of 3 • Nurseries & Greenhouses. The use of a CLIP is appropriate for nurseries and greenhouses. Within the Gilbert Heritage District there is C J's Antiques and Garden. See Gilbert Heritage District Map,link above. • Antique Stores. The Gilbert Heritage District also has several antique stores. Accordingly,for similar reasons noted above,we think a CUP is a good method to ensure the locations size, and design of this type of use. See Gilbert Heritage District Map, link above. • Printing Shops. In our minds,we are thinking of smaller stores like Kinkos or other similar stores that could be allowed with a CUP, limited to under 7,000 sq. ft. • Personal and Household Goods Repair. We can easily see smaller stores allowed with a CUPS that would caterto the repair of cell phones (such as an Apple Store or Verizon store),which would draw significant traffic to the area for residents both far and near. • Physician; Offices. We note that footnote 6 says that these uses are allowed when not stand alone. Or suggestion is to slightly modify this to say that they are allowed; but a CUP is required when they are stand alone. This will provide appropriate flexibility and control over these uses for many of the reasons noted above, • Distribution Centers. We suggest that a small-scale distribution centers should be an acceptable use with the issuance of a CUP, subject to a maximum size of 7,000 sq. ft. Examples of these uses are like the store West Elm where one cannot buy most of what's in their stores unless it is ordered online. Perhaps this use fits under a more traditional retail use, but wanted to share this thought with you. We thank you for the opportunity to share some thoughts on these items. We also hope the foregoing are useful in your deliberations: Finally, we want to share that we are okay with a delay in City Council,adoption of this matter. Like you, our preference is to get it right rather than to simply get something done. If myself, or anyone on the Bela Flor teann can be of assistance or if we can answer any questions, please contact me at any time using the method of your preference. Sincerely, Oeese L: Anderson PEW & LAKE, PLC cc: Karl Huish Hudd Hassell Amy Maley Casey Treadwell 9/9/2021 Mao' �� [�vt� �� 1 � || U mu_~ �[]��| ��'�h'u� | [)||(�\�/ rl ` L�� J ~` ~/ / � ~~ `' ��r~ Reese Anderson <ReeSe.Ande[sOn@peVVand1ake.0om> Tue8/24V2O2l 258PM nzNichu|es Leftwich <n|eftwich@apachejuncdunazgov>; Larry 0nch ^|Noh@apachejuncdonacgov>; ccRudyEsquiviay ^resquivias0Dapachejunctinnazgov`; Karl Huish <karihuish@bo|aUoccom>; hudd@be|aOoccom <hudd@be|af1occom~; Casey TreadweU <ctreadweU@vivopartnerszom^;Amy Malloy /ama||ny@)evo|vevmntunesphxzom`; SidneyUrias °surias@)apachejunctionaz.gov`; Kelsey SchaUnik <kschoKnik@apachejunriionaz.gov`; Hello Nick& Larry, Thanks for the opportunity to share a few more thoughts with you on the B-3 uses. Please note that our request for these uses to be included DOES NOT MEAN that these are the ONLY uses we are planning for, or that the uses below are the MOST LIKELY TO OCCUR. |n fact,the contrary is the truth. So, please know, and share with others where possible,that our request for these uses arises from a simple desire Yo maintain flexibility and balance control, without jeopardizing the common vision and goal ofo vibrant downtown AJ. Also, please note that our list below does not include all of the items that appeared in our prior letter. Thus, below is our revised list of uses that we kindly ask you to consider including in your next draft of the ordinance: 1. Auto LRep-�[. We continue to believe that general auto repair should be allowed subject to a CUR Further suggest that a footnote be added to require that bay doors cannot face a public street and that no vehicles may be stored on site unless behind a solid wall. 2. Ca]&asI. We continue to believe that a carwash thoughtfully designed and well located should be allowed subject to aCUP Suggest that a footnote be added that it cannot beaself-serve carwash and all washing facilities must beinan enclosed building. 3. Aytl Parts. We request clarification as to what category an AutoZone or an O'Reilly might fall into? |f categorized as the sale of auto parts,then we suggest a CUP for these types of stores where no repairs occur on site and all uses occur indoors, !f these uses are general retail goods,then no change isneeded, VVe note that almost every item found within on AutoZone is also obtained at other general retail stores. 4. AgptiaIce AegQk[. We suggest that these uses be allowed if they are small scale, consumer appliance stores or computer stores that would fit well into the overall vision for this area, VVe think of Apple stores, Verizon stores, etc, |f there isa more specific concern, a CUP could beutilized. 5. . We continue to believe that a CUP is appropriate for nurseries and greenhouses. This use could be connected tVa hardware store. 6.AOtigue Stores. The Gilbert Heritage District also has several antique stores. Suggest a footnote that this use occur entirely indoors, but NOT subject toCUR 7.TrikIbnQ-(copy) S}og�. In our minds,we are thinking of consumer stores such as Kinkos or other similar type stores and not larger, noisier printing shops. If concerned,we would suggest a CUP for such uses, but we would think that copy shops, occurring completely indoors, should bean allowed use. 8. Physician Ouffices. We suggest that these be allowed as both in(ine and standalone Vses—NOT subject to a CUR Of course,we are happy to discuss, answer questions, have a conversation at any time via phone, email or internet. httpn:hwobmai|.ajoitvnoVnwo/#pam=/moi|/soomh 1/4 9/9/2021 Mail-nieftwich@apachejunctionaz.gov When you can, please send us the next draft of the ordinance. We reserve the right to provide additional comments at that time. Thank you. Please know that we sincerely appreciate your hard work on this important topic. Reese Anderson Pew& Lake, PLC 480-461-4670 From: Nicholas Leftwich<nleftwich@apachejunctionaz.gov> Sent:Wednesday, August 11, 2021 4:09 P To: Reese Anderson <Reese.Anderson@pewandlake.com> Cc: Larry Kirch <Ikirch@apachejunctionaz.gov>; Rudy Esquivias<resquivias@apachejunctionaz,gov>; Karl Huish <karLhuish@belaflor.com>; hudd@belaflor.co ; Casey Treadwell <ctreadwell vivopartners.com>;Amy Malloy <amalloy@evolveventuresphx.com>; Sidney Urias<surias@apachejunctionaz.gov>; Kelsey Schattnik <kschanik@apachejunctionaz.gov> Subject: Re: 8/9/21 Follow Up Thank you for the update, Reese. As a quick comment on your correction, the use described in your letter is rather defined in the code as "Electronic Shopping and Mail-Order Sales" located near the bottom of page 2, rather than "Distribution Facilities" which are the industrial-class warehouses that Amazon distribution centers are representative of. Is this interpretation (Electronic Shopping and Mail-Order Sales) for the use you propose to include in B-3 correct? The "Electronic Shopping and Mail-Order Sales" use category is also given a "No" designation, so your comment regarding the proposed change and rationale is still applicable here, but we just want to have the right definitions and designations apply to the right things. Thank you, Nicholas i Associate Planner City ofApache function 300 E Superstition Blvd Apache function,AZ 85119 480-474-8575 nic.f iott ac e unctionaz. ov From: Reese Anderson <Reese.Anderson@pewandlake.com> Sent:Wednesday,August 11, 2021 3:45:49 PM To: Nicholas Leftwich Cc: Larry Kirch; Rudy Esquivias; Karl Huish; hudd belaflor.com; Casey Treadwell;Amy Malloy Subject: [External] RE: 8/9/21 Follow Up Nick, https://webmai1.ajcity.net/owa/#path=/mail/search 2/4 9/9/2021 Mail-nieftwich@apachejunctionaz.gov I had my wires crossed on Data Centers versus Distribution Centers and sent to you the wrong letter this morning. My sincerest apologies for any trouble for confusion. Please see the attached letter which supersedes the prior version. Thank you for letting me add to the challenges of your day. Reese Anderson Pew& Lake, PLC 480-461-4670 From: Reese Anderson Sent:Wednesday, August 11, 2021 11:47 AM o: Nicholas Leftwich <nleftwich apachejunctionaz.gov> c: Larry Kirch <Ikirch apachejunctionaz.gq_v>; Rudy Esquivias<resquivias@apachejunctionaz.ggv>; Karl Huish <karl.huish belaflor.com>; hudd belafior.com; Casey Treadwell <ctreadwellvivopartners.com>;Amy Malloy <amalloy@evolveventuresphx.com> Subject: RE: 8/9/21 Follow Up Hello Nick, Please see attached letter for your consideration. Please call me with any questions. Happy to talk in person or on the phone. Reese Anderson Pew& Lake, PLC 480-461-4670 From: Nicholas Leftwich <nleftwich apachejunctionaz.gov> Sent: Monday,August 9, 2021 12:38 PM To: Reese Anderson <Reese.Andersonpewandlake.com> Cc: Larry Kirch <Ikirch@apachejunctionaz.gov>; Rudy Esquivias<resquivias apachejunctionaz.gov> Subject:8/9/21 Follow Up Hello Reese, Here is the digital file of the zoning table document we provided you during our meeting. Thank you for your time today. Nicholas Leftwich Associate Planner~ City ofApaclre Junction 300 E Superstition Blvd Apache Junction,AZ 85119 480-474-8575 We wichC@alZachaim rc°tianaz.ggy https://webmail.ajcity.net/owa/#path=/mail/search 3/4 9/9/2021 Mail-nieftwich@apachejunctionaz.gov https://webmail.ajcity.net/owa/#path=/maii/search 4/4 AUGUST 2021 AMENDMENTS TO THE 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 AND § 1-5-4 NON-RESIDENTIAL BULK REGULATIONS Aj ARTICLE 1-5: ZONING BULK AND USE REGULATIONS §1-5-3 NON-RESIDENTIAL USE REGULATIONS. Table 5-3 is amended in its entirety, which illustrates the use regulations for all non-residential zoning districts, as follows: TABLE 5-3: NON-RESIDENTIAL USE REGULATIONS USE CATEGORY SPECIFIC USE TYPE' B-1 B-2 B-3 B-44 B-54 PI Gen. Old City Cen. Bus Park/ Ind. Pub/Inst. West Light Ind. Motor Vehicle Dealer YES YES NO NO NO NO General Automotive YES YES NO YES NO NO Repair RV Sales/Service/Repair NO NO NO CUP CUP NO Boat,ATV&Motorcycle NO NO NO YES NO NO Sales/Service Semi-Truck NO NO NO CUP CUP NO Service/Repair Semi-Truck Stop NO NO NO CUP CUP NO Vehicle Services Body Shops NO NO NO YES YES NO and Rentals YES YES NO NO NO Car Washes NO Vehicle Rental and CUP CUP NO YES YES NO Leasing Truck,Trailer and CUP CUP NO YES YES NO Moving Vehicle Rentals Machinery and Equip. YES YES NO YES YES NO Rental (Indoor) Machinery and CUP CUP NO YES YES NO Equipment Rental (Indoor/Outdoor) General Retail (Personal Goods, Household Goods, YES YES YES NO NO NO Consumer Electronics, Retail Sales and Specialty Goods,etc.) Services Automotive Parts and YES YES YES6 CUP CUP NO Accessory Sales Manufactured/Mobile NO NO NO CUP CUP NO Home Sales [09-21-21] Page 1 USE CATEGORY i SPECIFIC USE TYPE' B-1 B-2 B-3 B-4" B-54 PI Gen. Old City Cen. Bus Park/ Ind. Pub/Inst. West Light Ind. Appliances&Parts Sales YES YES YES6 YES YES NO and Repair Stores Hardware Store YES YES YES NO NO NO Building Materials and CUP CUP NO CUP YES NO Supplies Sales(Indoors and/or Outdoors) Lawn and Garden YES YES YES6 YES YES NO Equipment/Supply Sales Feed and Fertilizer Sales CUP CUP YES6 CUP YES NO Nursery/Greenhouses CUP CUP NO YES YES NO with On-Site Sales Grocery Stores YES YES YES NO NO NO Gasoline Stations and YES YES YES NO NO NO Convenience Stores Beer,Wine and Liquor YES YES YES6 NO NO NO Stores Shopping Centers YES YES CUP NO NO NO Retail Sales and gig-Box Stores and YES YES NO NO NO NO Services Warehouse Clubs Thrift Store/Used YES YES NO NO NO NO Merchandise Sales Antique Stores YES YES NO NO NO NO Pet and Pet Supply Sales YES YES YES6 YES NO NO Pet Care/Veterinary YES YES YES6 YES NO NO Clinic Kennels/Pet Day Care YES YES NO YES NO NO Tobacco and Related YES YES CUP NO NO NO Product Sales Electronic Shopping and YES YES YES NO NO NO Mail-Order Sales Stand-alone Bottled Gas CUP CUP YES6 CUP CUP NO and Biofuel Dealers Bakery Sales(small- YES YES YES NO NO NO scale, not factory or distribution warehousing) Bakery Sales(large scale NO NO NO YES YES NO including distribution or warehousing) [09-21-21] Page 2 USE CATEGORY SPECIFIC USE TYPE' B-1 B-2 B-3 B-44 " 8-54 PI Gen. Old City Cen.i Bus Park/ Ind. Pub/Inst. West Light Ind. Medical Marijuana CUP CUP NO CUP CUP NO Facilities& Dual Licensees Marijuana NO NO NO NO NO NO Establishments Marijuana Cultivation NO NO NO NO NO NO and Infusion Facilities Marijuana Cultivation NO NO NO NO NO NO Marijuana Testing NO NO NO NO NO NO Facilities Swap Meets CUP CUP NO NO NO NO Farmers Markets YES YES YES NO NO YES Pawn Shops NO YES NO NO NO NO Temporary Retail Carts AUP AUP AUP AUP NO AUP and Kiosks Printing Shop YES YES YES YES NO NO Cleaning and Janitorial YES YES NO YES NO NO Services Landscaping and NO NO NO YES YES NO Retail Sales and Exterminating Services Services Business Equipment YES YES NO YES YES NO Maintenance and Repair Personal and Household Goods Repair YES YES YES6 YES YES NO (Electronics, Furniture, etc.) Dry Cleaning Services YES YES YES NO NO NO Laundromat YES YES NO NO NO NO Linen and Uniform YES YES NO NO NO NO Retail Linen,Carpet,and NO NO NO YES YES NO Uniform Supply& Cleaning Personal Care Services (e.g. Hair, Nails and Skin YES YES YES NO NO NO Care) Tattoo Services YES YES YES NO NO NO Death Care Services/ CUP CUP NO CUP NO NO Funeral Homes Crematories NO NO NO CUP CUP NO [09-21-21] Page 3 USE CATEGORY; SPECIFIC USE TYPE' B-1 B-2 B-3 B-44 "' 8-54 PI Gen. Old City Cen.i Bus Park/ Ind. Pub/Inst. West Light Ind. Taxidermist NO NO NO YES YES NO Commercial Parking CUP CUP CUP CUP CUP CUP Lots and Garages Fraternal Organizations YES YES YES NO NO NO (Clubs and Lodges) Retail Sales and Banks and Credit Unions YES YES YES NO NO NO Services Securities/Commodities YES YES YES NO NO YES Off ice/Sales/Exchanges Check Cashing Store CUP CUP NO NO NO NO Adult Oriented Uses NO NO NO NO CUP NO General Offices YES YES YES YES' YES' NO Office Call Center YES YES NO NO NO NO Elementary, Middle, YES YES YES YES YES YES and High Schools& Educational Colleges/Universities Services Trade Schools YES YES CUP YES YES YES Administrative Services YES YES CUP YES YES YES Physicians, Dental and YES YES YES NO NO YES Health Practitioners Outpatient& YES YES NO NO NO NO Ambulatory Care Centers Medical and Diagnostic YES YES YES NO NO NO Labs Home Health Care YES YES YES NO NO NO Services Blood and Organ Banks YES YES NO YES NO NO Health Care and General Medical and YES YES NO NO NO YES Social Assistance Surgical Hospitals Psychiatric&Substance YES YES NO NO NO NO Abuse Facilities Nursing and Residential YES YES NO NO NO NO Care Facilities Individual and Family YES YES NO NO NO NO Care Services Homeless Shelter YES YES NO NO NO NO Community Food and YES YES NO YES NO NO Relief Services [09-21-21] Page 4 USE CATEGORY; SPECIFIC USE TYPE' B-1 B-2 B-3 B-44 "' 8-54 PI Gen. Old City Cen.i Bus Park/ Ind. Pub/Inst. West Light Ind. Child&Adult Day Care YES YES YES6 YES NO YES Services Vocational Rehab YES YES NO YES NO NO Services Movie Theaters YES YES YES NO NO NO Performing Arts YES YES YES NO NO YES Facilities Spectator Sports CUP CUP CUP NO NO CUP Facilities Museums and Historical YES YES YES NO NO YES Sites Zoos, Nature Parks and CUP CUP NO NO NO CUP Botanical Gardens Amusement Parks CUP CUP NO NO NO CUP Indoor Arcades YES YES YES NO NO NO Gambling Facilities CUP CUP CUP NO NO CUP Private Recreational CUP CUP NO CUP NO CUP Arts, Facilities(Outdoor) (Private Sports Entertainment, Complexes, Golf Recreation,and Open Space Courses,etc.) Private Recreational YES YES YES YES NO CUP Facilities(Indoor) (Gyms, Martial Arts Studios,Yoga Studios, Paintball Courses,etc.) Event Centers&Venues CUP CUP CUP CUP NO NO Public Recreational AUP AUP AUP AUP AUP AUP Facilities Public Outdoor Music AUP AUP AUP AUP AUP AUP Festivals/Events Private Outdoor Music CUP CUP CUP CUP NO CUP Festivals/Events Commercial Equestrian CUP CUP NO CUP CUP CUP Boarding, Rentals, Arenas and Academies Cemeteries/ CUP CUP NO NO NO CUP Mausoleum Restaurants& YES YES YES NO NO CUP Delicatessen Food and Drinking Caterers YES YES YES6 YES NO NO Establishments Confectionary and Ice YES YES YES NO NO NO Cream Sales [09-21-21] Page 5 USE CATEGORY; SPECIFIC USE TYPE' B-1 B-2 B-3 B-44 "' 8-54 PI Gen. Old City Cen.i Bus Park/ Ind. Pub/Inst. West Light Ind. Bars, Breweries, Brew YES YES YES NO NO NO Pubs and Tasting Rooms Restaurants/Bars/Clubs CUP CUP CUP NO NO NO (With Amplified Outdoor Music) Government Offices YES YES YES YES YES YES and Courts Public Public Services YES YES YES YES YES YES Administration (Libraries, Parks, Public Safety Buildings) Detention/Correctional NO NO NO CUP CUP CUP Facilities or Institutions Mining, Oil and Gas Extraction CUP CUP NO CUP CUP CUP Quarrying,Gas Mining NO NO NO CUP CUP CUP and Oil Quarrying NO NO NO CUP CUP CUP Electric Power CUP CUP CUP CUP CUP CUP Generation' Water and Sewerage CUP CUP CUP CUP CUP YES Systems/Facilities Telecommunication Facilities CUP CUP CUP CUP CUP YES (Antennas or Towers) Utilities Telecommunication Facilities (Antennas or Towers) YES YES YES YES YES YES on land owned,leased, or otherwise controlled by the City Other Utilities See§ 1-6-21 Alternative Energy See§ 1-6-16 Generation Facilities Light Manufacturing NO NO NO YES YES NO (Located within an enclosed building and only generates moderate and manageable traffic, noise,vibration,odor, glare and/or light impacts) Heavy Manufacturing NO NO NO NO CUP NO Manufacturing (Indoor and/or Outdoor: Assembly, manufacturing, processing, repair and/or storage,and that may generate traffic, noise,vibration,odor, [09-21-21] Page 6 glare,and/or light impacts that need to be conditionally managed) Ancillary YES2 YES2 YES2 N/A N/A YES Manufacturing2 USE CATEGORY SPECIFIC USE TYPE' B-1 B-2 B-3 B-44 B-S' PI Gen. Old City Cen. Bus Park/ Ind. Pub/Inst. West Light Ind. Contractors office,shop YES YES NO YES YES NO and/or storage(indoors) Contractors office,shop CUP CUP NO CUP YES NO and/or storage(indoors Construction and/or outdoors) Craftsman and Artisan YES YES YES YES YES NO (Indoors) Craftsman and Artisan CUP CUP NO CUP YES CUP (Indoors or outdoors) Truck Transportation NO NO NO CUP CUP NO Terminal Bus Transportation NO NO NO CUP CUP CUP Terminal Air Transportation NO NO NO YES YES YES Terminal Taxi and Limousine NO NO NO YES YES YES Service Towing Truck Parking NO NO NO CUP YES NO Transportation and Storage and Scenic and Sightseeing CUP CUP NO CUP CUP CUP Warehousing Terminal/Parking Postal,Courier and CUP CUP NO CUP YES CUP Delivery Service General Warehouse and NO NO NO YES YES NO Storage(Indoor) Mini-Warehouse NO NO NO CUP CUP NO Distribution Facilities NO NO NO YES YES NO Outside Storage Yards NO NO NO CUP CUP NO Motion Pictures and CUP CUP CUP YES YES NO Sound Recording Indus. Broadcasting and YES YES YES YES YES NO Information Recording Data Center/Data Processing Facilities NO NO NO CUP CUP NO Transfer Station/ Waste Material Recovery NO NO NO NO CUP CUP Management Center And Remediation Solid Waste Disposal NO NO NO NO CUP CUP Sites [09-21-21] Page 7 USE CATEGORY; SPECIFIC USE TYPE' B-1 B-2 B-3 B-44 "' 8-54 PI Gen. old City Cen. i Bus Park/ Ind. Pub/Inst. West Light Ind. Recycling Facilities NO NO NO NO CUP CUP Waste Tire Collection NO NO NO NO CUP NO and/or Storage Crop Production NO NO NO YES YES NO Feed Lots NO NO NO NO NO NO Greenhouse and CUP CUP NO YES YES NO Agriculture Nursery Beef, Dairy,Sheep,Goat NO NO NO NO CUP NO and Hog Production Poultry and Egg NO NO NO CUP CUP NO Production Aquaculture NO NO NO CUP CUP NO Single-Family Detached NO NO NO NO NO NO Residential Multi-Family Residential CUP CUP CUP NO NO CUP (Including Apartments, (13 DU/ Condominiums or AC Min.) Residential Uses' Townhouses) Assisted Living Facility YES YES CUP NO NO NO Group Care Home CUP CUP CUP NO NO NO Live/Work Unit CUP CUP YES NO NO CUP Hotels, Motels and YES YES YES NO NO NO Resorts Bed and Breakfast Inns YES YES NO NO NO NO Accommodation and Lodging RV Campgrounds CUP CUP NO NO NO NO Boarding House NO NO NO NO NO NO Institution (seating Religious capacity of up to 1,500 YES YES YES YES YES YES Institutions/ persons) Places of Worship Large Institution (seating capacity CUP CUP CUP CUP CUP CUP greater than 1,500 persons) "YES" = Permitted Use by Right. A "Yes" indicates that the listed use is permitted by-right within the respective zoning district. "CUP" = Conditional Use Permit. A"CUP" indicates that the listed use is permitted within the respective zoning district only after review and approval of a Conditional Use Permit, in accordance with the review and approval procedures of§ 1-16-12 (D). [09-21-21] Page 8 "AUP" =Administrative Use Permit.An "AUP" indicates that the use and/or structure is permitted within the respective zoning district following review and approval of an administrative permit by the Development Services Director or designee in accordance with § 1-16-12 (C). "NO" = Prohibited Uses. A "NO" indicates that the listed use type is expressly not allowed within the respective zoning district. Footnotes from Table 5-3: 1. Where land use category definitions are not provided or unclear,the Zoning Administrator shall be responsible for interpretation. 2. An ancillary manufacturing use is a subsidiary or secondary use or operation connected to the main use of a building.Ancillary manufacturing uses shall be allowed in the B-1, B-2 or B-3 zoning districts if incidental and subordinate to the primary retail, office, public or quasi/public use, provided that not more than 50%, up to a maximum of 1,500 square feet,of the floor area of the business is engaged in these ancillary manufacturing activities. No outside manufacturing, processing,repair or equipment/inventory storage shall be allowed for ancillary uses(see Section 1-6-26). Ancillary manufacturing uses proposed to be greater than 1,500 square feet and/or 50% of the total floor area may be approved as a conditional use by the Planning and Zoning Commission (see Section 1-6-26). 3. See § 1-6-16 (B)for alternate energy production regulations. 4. Land uses listed in the B-4 and B-5 district that propose outdoor assembly,repair,manufacturing, processing and/or storage shall require conditional use permit approval even if identified in Table 5-3 as a permitted use by right. 5. See § 1-6-15 for adult oriented business regulations. 6. The noted retail and service use categories shall only be permitted in the B-3 zoning district when they are an incidental use to a permitted primary use. The noted use categories shall not be operated as primary stand-alone facilities,but may be permitted as individual occupancies within "strip" or"in-line" commercial centers. 7. Offices in B-4 and B-5 zoning districts shall only be permitted as ancillary uses. 8. Where a non-residential property was previously developed for commercial uses and is being redeveloped for residential uses, the new development plan shall contain whichever is greater of either: (i) a minimum of 25% of the previous commercial building square footage on the new site for commercial uses, or; (ii) a minimum of 35%of the acreage shall be used for commercial uses. This definition of commercial uses shall be interpreted in a broad sense to include all typical retail, commercial and office uses. [09-21-21] Page 9 B) ARTICLE 1-5: ZONING BULK AND USE REGULATIONS, §1-5-4 NON-RESIDENTIAL BULK Table 5-4 is amended in its entirety, which illustrates the bulk requirements for all non-residential zoning districts, as follows: TABLE 5~4; NON-RESIDENTIAL BULK REGULATIONS Density' Applicable Applicable Dwelling Unit Applicable Applicable (main structure) (accessory structure) Minimum Interior Side Setback 10 ft, 5 ft. 5 ft. 10 ft. 10 ft. 10 ft. (accessory structure) Minimum Street Side Setback 10 ft. 0 ft. 0 ft. 10 ft. 10 ft. 10 ft. (all structures) (all structures) Maximum Size for Accessory No limit No limit No limit No limit No limit No limit Structure Structure Maximum Height for Accessory 20 ft. 20 ft. 20 ft. 35 ft. 35 ft. 35 ft. Structures Footnotes from Table General Old West City Cen. Bus.Park Industrial Public/Inst. z Minimum lot area shall be calculated as net land area. For condominiums ortovvnhonnes no minimum lot size or width shall be required. z Minimum lot width is the distance between side lot lines measured perpendicular tothe lot depth at the front setback line. Minimum lot width measurement for flag lots shall be interpreted by the Zoning Administrator. Lot width, as measured at the front setback line, shall not be less than 2596of the lot depth,unless waived by the Zoning Administrator due to unique environmental or geographic conditions. |09-21'211 PaQe10 3 Maximum density shall be calculated as the total number of dwelling units/net land area. a In addition to the standards listed in Table 5-4, the following supplemental standards shall apply to Institutional and Business Zoning Districts Fences and Walls See Section 1-6-3 Landscaping and Screening See Article 1-8 Lighting and Illumination See Article 1-10 Parking and Loading See Article 1-7 Outdoor Storage See Section 1-6-9 Solar Panels and Alternative Energy See Section 1-6-16 Signs See Article 1-11 Visibility at Intersections See Section 1-6-13 Temporary Use and Structures See Section 1-6-23 Design Guidelines See Article 1-13 NOTE:A Site Plan and Design Review application is required for all new development prior to applying for building permits. [09-21-21] Page 11 AUGUST 2021 AMENDMENTS TO THE 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 AND § 1-5-4 NON-RESIDENTIAL BULK REGULATIONS Aj ARTICLE 1-5: ZONING BULK AND USE REGULATIONS §1-5-3 NON-RESIDENTIAL USE REGULATIONS. Table 5-3 is amended in its entirety, which illustrates the use regulations for all non-residential zoning districts, as follows: TABLE 5-3: NON-RESIDENTIAL USE REGULATIONS USE CATEGORY SPECIFIC USE TYPE' B-1 B-2 B-3 B-44 B-54 PI Gen. Old City Cen. Bus Park/ Ind. Pub/Inst. West Light Ind. Motor Vehicle Dealer YES YES Y-ES Y-ES YES NO NO NO NO General Automotive YES YES Repair YES YES NO YES NO NO RV Sales/Service/Repair CY - Y-E-S NO NO NO NO NO CUP CUP Boat,ATV&Motorcycle NO NO YES YES NO Sales/Service NO NO Semi-Truck NO Service/Repair NO NO NO CUP CUP Semi-Truck Stop NO NO NO CUP CUP NO Vehicle Services 1 W CUR and Rentals Body Shops NO NO NO YES YES NO YES YES YES YES Car Washes NO NO NO NO Vehicle Rental and YES Y&& YES YES YES NO Leasing CUP CUP NO Truck,Trailer and CUP CUP NO YES YES NO Moving Vehicle Rentals Machinery and Equip. YES YES YES YES YES NO Rental (Indoor) NO Machinery and CUP CUP CUR YES YES NO Equipment Rental NO (Indoor/Outdoor) General Retail (Personal Goods, Household Goods, YES YES YES NO NO NO Consumer Electronics, Retail Sales and Specialty Goods,etc.) Services Automotive Parts and YES YES YES6 Y-ES Y-ES NO Accessory Sales CUP CUP Manufactured/Mobile 5;1 6- 0-j CUP YUS NO Home Sales NO NO NO CUP [09-21-21] Page 1 USE CATEGORY SPECIFIC USE TYPE' B-1 B-2 B-3 B_44 B-5 4 PI Gen. Old City Cen. Bus Park/ Ind. Pub/Inst. West Light Ind. Appliances&Parts Sales YES YES YES6 YES YES NO and Repair Stores Hardware Store YES YES YES Y E-S Y E-S N 0 N 0 N 0 Building Materials and CUP CUP C-,A-J.P- CUP YES NO Supplies Sales(Indoors NO and/or Outdoors) Lawn and Garden YES YES YES6 YES YES NO Equipment/Supply Sales Feed and Fertilizer Sales CUP CUP YES6 CUP YES NO N ursery/Green houses CUP CUP Q41 YES YES NO with On-Site Sales NO Grocery Stores YES YES YES YES NO NO NO —------------ ----------------------------------------------- Gasoline Stations and YES YES YES YES Y-FIS NO Convenience Stores NO NO I ----------------—----------------——-----------—-------- Beer,Wine and Liquor YES YES YES6 NO NO NO Stores I Shopping Centers YES YES YES YES NO NO Retail Sales and CUP NO Services Big-Box Stores and YES YES YEAS -YES NO NO Warehouse Clubs NO NO Thrift Store/Used YES YES NO YliS NO NO Merchandise Sales NO Antique Stores YES YES NO NO NO NO Pet and Pet Supply Sales YES YES YES6 YES NO NO Pet Care/Veterinary YES YES YES6 YES NO NO Clinic Kennels/Pet Day Care YES YES Y-E-S YES NO NO NO Tobacco and Related YES YES YES YES NO NO Product Sales CUP NO Electronic Shopping and YES YES YES YES NO NO Mail-Order Sales NO Stand-alone Bottled Gas CUP CUP YES6 CUP CUP NO and Biofuel Dealers Bakery Sales(small- YES YES YES Y-E-S NO NO scale, not factory or NO distribution warehousing) Bakery Sales(large scale NO NO NO YES YES NO including distribution or warehousing) [09-21-21] Page 2 USE CATEGORY; SPECIFIC USE TYPE' B-1 B-2 B-3 B-44 "' 8-54 PI Gen. Old City Cen.i Bus Park/ Ind. Pub/lost. West Light Ind. Medical Marijuana CUP CUP NO CUP CUP NO Facilities& Dual Licensees Marijuana NO NO NO NO NO NO Establishments Marijuana Cultivation NO NO NO NO NO NO and Infusion Facilities Marijuana Cultivation NO NO NO NO NO NO Marijuana Testing NO NO NO NO NO NO Facilities Swap Meets CUP CUP CAJR 04P NO NO NO NO Farmers Markets c4p c4p QiP CP NO No YES YES YES NO YES Pawn Shops YES NO YES NO NO NO NO Temporary Retail Carts AUP AUP AUP AUP NO AUP and Kiosks Printing Shop YES YES YES YES NO NO Cleaning and Janitorial YES YS Services YES YES NO YES NO NO Landscaping and Y-ES Y-ES YES YES YES NO Retail Sales and Exterminating Services NO NO NO Services Business Equipment YES YES YE-S Maintenance and Repair NO YES YES NO Personal and Household Goods Repair YES YES YES6 YES YES NO (Electronics, Furniture, etc.) Dry Cleaning Services YES YES YES YES YES NO NO NO Laundromat YES YES -E NO NO YES YES NO Linen and Uniform YES YES YES Y -S Y-E-S NO Retail NO NO NO Linen,Carpet,and NO NO NO YES YES NO Uniform Supply& Cleaning Personal Care Services YE-S (e.g. Hair, Nails and Skin YES YES YES NO NO NO Care) Tattoo Services YES YES YES NO NO NO Death Care Services/ _1 YE-Sl YES YES NO Funeral Homes CUP CUP NO CUP NO C--1p. Crematories AJNO NO NO CUP CUP NO [09-21-21] Page 3 USE CATEGORY; SPECIFIC USE TYPE' B-1 B-2 B-3 B-44 "' 8-54 PI Gen. Old City Cen.i Bus Park/ Ind. Pub/Inst. West Light Ind. Taxidermist QUIR YES YES NO NO NO YES YES NO Commercial Parking CUP CUP CUP CUP CUP CUP Lots and Garages Fraternal Organizations YES YES (Clubs and Lodges) YES YES YES NO NO NO Retail Sales and Banks and Credit Unions YES YES YES YES YES NO Services NO NO Securities/Commodities YES YES YES Y-FS Y-FS YES Office/Sales/Exchanges NO NO Check Cashing Store YES YES NO Y-E-S NO NO CUP CUP NO Adult Oriented Uses NO NO NO NO CUP NO General Offices YES YES YES YES' YES' NO Office Call Center YES YES YES YES Y-E-S NONO NO NO Elementary, Middle, YES YES YES YES YES YES and High Schools& Educational Colleges/Universities Services Trade Schools YES YES CUP YES YES YES Administrative Services YES YES YES YES YES YES CUP Physicians, Dental and YES YES YES YSS NO YF-S YES Health Practitioners NO Outpatient& YES YES NO Y-E-S NO -Y-E-S YES NO Ambulatory Care NO Centers Medical and Diagnostic YES YES YES YES NO YES YB NO Labs NO Home Health Care YES YES YES YES NO YES YB NO Services NO Blood and Organ Banks YES YES NO YES YES Y-E-S NO NO Health Care and General Medical and YES YES YES YES NO YES YES Social Assistance Surgical Hospitals NO NO Psychiatric&Substance YES YES YESS, YES NO Y-E S NO Abuse Facilities NO NO Nursing and Residential YES YES Gyp YES NO NO Care Facilities NO NO Individual and Family YES YES 5 YES NO NO Care Services NO NO Homeless Shelter YES YES NO NO NO NO Community Food and YES YES NO YES NO Relief Services NO [09-21-21] Page 4 USE CATEGORY; SPECIFIC USE TYPE' B-1 B-2 B-3 B-44 "' 8-54 PI Gen. Old City Cen.i Bus Park/ Ind. Pub/Inst. West Light Ind. Child&Adult Day Care YES YES YES6 YES YB YES Services NO Vocational Rehab YES YES -Y E4 YES YB YES NO Services NO NO Movie Theaters YES YES YES NO NO NO Performing Arts YES YES YES YES NO Y-E-S YES Facilities NO Spectator Sports CUP CUP CUP CUR NO CUP CUP Facilities NO Museums and Historical YES YES YES YE--S NO NO YES Sites Zoos, Nature Parks and CUP CUP NO NO CUP Botanical Gardens NO Amusement Parks CUP CUP Qw QJP NO NO CUP NO Indoor Arcades YES YES YES YFZS NO NO NO Gambling Facilities CUP CUP CUP GUR NO NO CUP Private Recreational CUP CUP CAP CUP NO CUP Arts, Facilities(Outdoor) NO Entertainment, (Private Sports Recreation,and Complexes, Golf Open Space Courses,etc.) Private Recreational YES YES YES YES NO CUP Facilities(Indoor) (Gyms, Martial Arts Studios,Yoga Studios, Paintball Courses,etc.) Event Centers&Venues CUP CUP CUP CUP NO NO Public Recreational AUP AUP AUP AUP AUP AUP Facilities Public Outdoor Music AUP AUP AUP AUP AUP AUP Festivals/Events Private Outdoor Music CUP CUP CUP CUP NO CUP Festivals/Events Commercial Equestrian CUP CUP 0JR NO CUP CUP CUP Boarding, Rentals, Arenas and Academies Cemeteries/ CUP CUP NO NO NO CUP Mausoleum Restaurants& YES YES YES YES NO CUP Delicatessen NO Food and Caterers YES YES YES6 YES YES NO Drinking NO Establishments Confectionary and Ice YES YES YES YES NO NO Cream Sales NO [09-21-21] Page 5 USE CATEGORY; SPECIFIC USE TYPE' B-1 B-2 B-3 B-44 "' 8-54 PI Gen. Old City Cen.i Bus Park/ Ind. Pub/Inst. West Light Ind. Bars, Breweries, Brew YES YES YES `-E NO NO Pubs and Tasting Rooms NO Restaurants/Bars/Clubs CUP CUP CUP M.. NO NO (With Amplified NO Outdoor Music) Government Offices YES YES YES YES YES YES and Courts Public Public Services YES YES YES YES YES YES Administration (Libraries, Parks, Public Safety Buildings) Detention/Correctional NO NO NO CUP CUP CUP Facilities or Institutions Mining, Oil and Gas Extraction CUP CUP NO CUP CUP CUP Quarrying,Gas Mining NO NO NO CUP CUP CUP and Oil Quarrying NO NO NO CUP CUP CUP Electric Power CUP CUP CUP CUP CUP CUP Generation' Water and Sewerage CUP CUP CUP CUP CUP QP Systems/Facilities YES Telecommunication Facilities CUP CUP CUP CUP CUP YES (Antennas or Towers) Utilities Telecommunication Facilities (Antennas or Towers) YES YES YES YES YES YES on land owned,leased, or otherwise controlled by the City Other Utilities See§ 1-6-21 Alternative Energy See§ 1-6-16 Generation Facilities Light Manufacturing NO NO NO YES YES NO (Located within an enclosed building and only generates moderate and manageable traffic, noise,vibration,odor, glare and/or light impacts) Heavy Manufacturing NO NO NO NO CUP NO Manufacturing (Indoor and/or Outdoor; Assembly, manufacturing, processing,jrepair and/or storage,and that may generate traffic, noise,vibration,odor, [09-21-21] Page 6 glare,and/or light impacts that need to be conditionally managed) Ancillary YES2 YES2 YES2 N/A N/A YES Manufacturing2 USE CATEGORY SPECIFIC USE TYPE' B-1 B-2 B-3 B-44 B-S' PI Gen. Old City Cen. Bus Park/ Ind. Pub/Inst. West Light Ind. Contractors office,shop YES YES YES YES YES NO and/or storage(indoors) NO Contractors office,shop CUP CUP Cup_ CUP YES NO and/or storage(indoors NO Construction and/or outdoors) Craftsman and Artisan YES YES YES YES YES NO (Indoors) Craftsman and Artisan CUP CUP CUR CUP YES CUP (Indoors or outdoors) NO Truck Transportation NO NO NO CUP CUP NO Terminal Bus Transportation CAP k *ES YES YES Terminal NO NO NO CUP CUP CUP Air Transportation NO NO NO YES YES YES Terminal Taxi and Limousine Yf& YELS Yf& YES YES YES Service NO NO NO Towing Truck Parking NO NO NO CUP YES NO Transportation and Storage and Scenic and Sightseeing CUP CUP GUR CUP CUP CUP Warehousing Terminal/Parking NO Postal,Courier and CUP CUP C NO CUP YES CUP Delivery Service General Warehouse and NO NO NO YES YES NO Storage(Indoor) Mini-Warehouse - "" YES YES NO NO NO NO CUP CUP Distribution Facilities NO NO NO NO YES YES Outside Storage Yards CAP P NO CUP YES NO NO NO CUP Motion Pictures and CUP CUP CUP YES YES YES Sound Recording Indus. NO Broadcasting and YES YES YES YES YES NO Information Recording Data Center/Data Processing Facilities NO NO NO CUP CUP NO Transfer Station/ Waste Material Recovery NO NO NO NO CUP CUP Management Center And Remediation Solid Waste Disposal NO NO NO NO CUP CUP Sites [09-21-21] Page 7 USE CATEGORY; SPECIFIC USE TYPE' B-1 B-2 B-3 B-44 "' 8-54 PI Gen. old City Cen.i Bus Park/ Ind. Pub/Inst. West Light Ind. Recycling Facilities NO NO NO CUB? CUP Gw NO NO Waste Tire Collection = S YB YES YES YES NO and/or Storage NO NO NO Crop Production NO NO NO NO NO NO Feed Lots CUP CUP NO YES YES NO Greenhouse and NO NO NO NO CUP NO Agriculture Nursery Beef, Dairy,Sheep,Goat NO NO NO CUP CUP NO and Hog Production Poultry and Egg NO NO NO CUP CUP NO Production Aquaculture NO NO NO NO NO NO Single-Family Detached CUP CUP CUP NO NO CUP Residential (13 DU/ AC Min.) Multi-Family Residential YES YES NO t'... (Including Apartments, CUP NO NO Residential Uses' Condominiums or Townhouses) Assisted Living Facility CUP CUP CUP NO NO YES NO Group Care Home CUP CUP QJP NO NO CUP YES Live/Work Unit YES YES YES YE4 NO NO NO Hotels, Motels and YES YES NO NO Resorts NO NO Bed and Breakfast Inns CUP CUP C44R Q=W NO NO Accommodation NO NO and Lodging DES �=E S Y-E RV Campgrounds NO NO NO NO NO NO Boarding House YES YES YES YES YES YES Institution (seating Religious capacity of up to 1500 CUP CUP CUP CUP CUP CUP Institutions/ persons) Places of Worship Large Institution (seating capacity NO NO NO CEO CUP GUR greater than 1,500 NO NO persons) "YES" = Permitted Use by Right. A "Yes" indicates that the listed use is permitted by-right within the respective zoning district. [09-21-21] Page 8 "CUP" = Conditional Use Permit. A "CUP" indicates that the listed use is permitted within the respective zoning district only after review and approval of a Conditional Use Permit, in accordance with the review and approval procedures of§ 1-16-12 (D). "AUP" =Administrative Use Permit.An "AUP" indicates that the use and/or structure is permitted within the respective zoning district following review and approval of an administrative permit by the Development Services Director or designee in accordance with § 1-16-12 (C). "NO" = Prohibited Uses. A "NO" indicates that the listed use type is expressly not allowed within the respective zoning district. Footnotes from Table 5-3: 1. Where land use category definitions are not provided or unclear,the Zoning Administrator shall be responsible for interpretation. 2. An ancillary manufacturing use is a subsidiary or secondary use or operation connected to the main use of a building.Ancillary manufacturing uses be allowed in the B-1, 13- 2 or B-3 zoning districts if incidental and subordinate to the primary retail, office, public or quasi/public use, provided that not more than 50%, up to a maximum of 1,500 square feet, of the floor area of the business is engaged in these ancillary manufacturing activities. No outside manufacturing, processing, repair or equipment/inventory storage shall be allowed for ancillary uses (see Section 1-6-26). Ancillary manufacturing uses proposed to be greater than 1,500 square feet and/or 50%of the total floor area may be approved as a conditional use by the Planning and Zoning Commission (see Section 1-6-26). 3. See § 1-6-16 (B)for alternate energy production regulations. 4. Land uses listed in the B-4 and B-5 district that propose outdoor assembly,repair,manufacturing, processing and/or storage shall require conditional use permit approval even if identified in Table 5-3 as a permitted use by right. 5. See § 1-6-15 for adult oriented business regulations. 6. The noted retail and service use categories shall only be permitted in the B-3 zoning district when they are an incidental use to a permitted primary use. The noted use categories shall not be operated as primary stand-alone facilities,but may be permitted as individual occupancies within "strip" or"in-line" commercial centers. 7. Offices in B-4 and B-5 zoning districts shall only be permitted as ancillary uses. 8. Where a non-residential property was previously developed for commercial uses and is being redeveloped for residential uses, the new development plan shall contain whichever is greater of either. 0) ; a minimum of 25% of the previous commercial building square;footage on the new site for commercial uses,or; [09-21-21] Page 9 (ii) a minimum of 3'5%of the acreage shall be used for commercial uses. This definition of commercial uses shall be interpreted in a broad sense to include all typical retail, commercial and office uses. B) ARTICLE 1-5: ZONING BULK AND USE REGULATIONS §1-5-4 NON-RESIDENTIAL BULK REGULATIONS. Table 5-4 is amended in its entirety, which illustrates the bulk requirements for all non-residential zoning districts, as follows: TABLE 5-4: NON-RESIDENTIAL BULK REGULATIONS USE TYPE 8-1 B-2 B-3 B-4 + B-5 PI General Old West City Cen. Bus.Park Industrial 'Public/Inst. Minimum Lot Area' 7,000 sf. 5,000 sf. 7,000 sf. 15,000 sf. 15,000 sf. 15,000 sf. Minimum Lot Width' 50 ft. 50 ft. 50 ft. 75 ft. 75 ft. 75 ft. Maximum Residential 22 units/ac 22 units/ac 40 units/ac Not Not 22 units/ac Density' Applicable Applicable Minimum Lot Area per 1,980 sf. 1,980 sf. 1,089 sf. Not Not 1,980 sf. Dwelling Unit Applicable Applicable Minimum Front Setback 20 ft. 0 ft. 0 ft. 20 ft. 20 ft. 20 ft. (main structure) Minimum Front Setback 20 ft. 20 ft. 20 ft. 20 ft. 20 ft. 20 ft. (accessory structure) Minimum Interior Side Setback 10 ft. 5 ft. 5 ft. 10 ft. 10 ft. 10 ft. (accessory structure) Minimum Street Side Setback 10 ft. 0 ft. 0 ft. 10 ft. 10 ft. 10 ft. (all structures) Minimum Rear Setback 10 ft. 5 ft. 5 ft. 10 ft. 10 ft. 10 ft. (all structures) Minimum. Front Setback 10 ft. 10 ft. 10 ft. 10 ft. 10 ft. 10 ft. (Parking) Maximum Size for Accessory No limit No limit No limit No limit No limit No limit Structure Maximum Height for Main 35 ft. 35 ft. 60 ft. 35 ft. 35 ft. 35 ft. Structure Maximum Height for Accessory 20 ft. 20 ft. 20 ft. 35 ft. 35 ft. 35 ft. Structures Footnotes from Table 5-4: 1 Minimum lot area shall be calculated as net land area. For condominiums or townhomes no minimum lot size or width shall be required. ' Minimum lot width is the distance between side lot lines measured perpendicular to the lot depth at the front setback line. Minimum lot width measurement for flag lots shall be interpreted by the Zoning Administrator. Lot width, as measured at the front setback line,shall not be less than 25%of [09-21-21] Page 10 the lot depth,unless waived by the Zoning Administrator due to unique environmental or geographic conditions. 3 Maximum density shall be calculated as the total number of dwelling units/net land area. a In addition to the standards listed in Table 5-4, the following supplemental standards shall apply to Institutional and Business Zoning Districts Fences and Walls See Section 1-6-3 Landscaping and Screening See Article 1-8 Lighting and Illumination See Article 1-10 Parking and Loading See Article 1-7 Outdoor Storage See Section 1-6-9 Solar Panels and Alternative Energy See Section 1-6-16 Signs See Article 1-11 Visibility at Intersections See Section 1-6-13 Temporary Use and Structures See Section 1-6-23 Design Guidelines See Article 1-13 NOTE:A Site Plan and Design Review application is required for all new development prior to applying for building permits. [09-21-21] Page 11 ORDINANCE NO. 1508 AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AMENDING APACHE JUNCTION CITY CODE, VOLUME II, LAND DEVELOPMENT CODE, CHAPTER 1 : ZONING ORDINANCE, BY REPEALING AND REPLACING PORTIONS OF ARTICLE 1-5 : ZONING BULK AND USE REGULATIONS; AND BY ADOPTING BY REFERENCE THAT CERTAIN DOCUMENT ENTITLED "AUGUST 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 AND § 1-5-4 NON-RESIDENTIAL BULK REGULATIONS"; REPEALING ANY CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR PENALTIES . WHEREAS, on November 16, 2020 and March 1, 2021, the city council asked staff to refine the land use regulations of the Apache Junction City Code ("A. J.C.C. ") , Volume II, Land Development Code, Chapter 1 : Zoning Ordinance, Article 1-5 : Zoning Bulk and Use Regulations, to align the land use regulations with the city' s downtown growth plan; and WHEREAS, staff found it most efficient to refine the land use regulations for all non-residential zoning districts at one time to correct category errors and provide regulatory clarity; and WHEREAS, the planning and zoning commission met on June 22, 2021 and July 13, 2021 and the city council met on August 2, 2021 to discuss the proposed amendments; and WHEREAS, the planning and zoning commission recommended to the city council the approval of the proposed code amendments with a vote of 7-0 on July 21, 2021; and WHEREAS, Arizona Revised Statutes Annotated (hereinafter "A.R. S . ") § 9-802 permits municipalities to enact the provisions of a code or public record in existence without setting forth such provisions in full text as long as the adopting ordinance is published in full text, and at least one paper copy is filed with the city clerk and an electronic copy is accessible on the city' s website, with both made available for public use and inspection; and WHEREAS, pursuant to A.R. S . §§ 9-801 (1) and 9-802, such codes include zoning regulations; and WHEREAS, city staff has determined that for administrative efficiency and to reduce the publication costs, it is more appropriate to update the city code by adopting the text by reference . ORDINANCE NO. 1508 PAGE 1 OF 3 NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AS FOLLOWS : SECTION I IN GENERAL 1 . That the existing Apache Junction City Code, Volume II, Land Development Code, Chapter 1 : Zoning Ordinance, Article 1-5 : Zoning Bulk and Use Regulations, § 1-5-3 Non-Residential Use Regulations and § 1-5-4 Non-Residential Bulk Regulations, be amended by repeal and replacement as referenced in the document noted in #2 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 1-5 : Zoning Bulk and Use Regulations, § 1-5-3 Non-Residential Use Regulations and §1-5-4 Non-Residential Bulk Regulations", of which at least one paper copy is on file with the city clerk and one electronic copy of which is accessible on the city' s website (www. apachejur)ctionaz .gov) , and which document was made a public record by Resolution No. 21-30, 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 f 2021 . ORDINANCE NO. 1508 PAGE 2 OF 3 SIGNED AND ATTESTED TO THIS DAY OF , 2021 . WAITER "CHIP" WILSON Mayor ATTEST: JENNIFER PENA City Clerk APPROVED AS TO FORM: RICHARD J. STERN City Attorney ORDINANCE NO. 1508 PAGE 3 OF 3 City ofApache Junction Development Services Department PLANNING AND ZONING COMMISSION PUBLIC HEARING STAFF REPORT DATE: July 27, 2021 CASE NUMBER: AM-1-21 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 1-5 : Zoning Bulk and Use Regulations, Section 1-5-3 Non- Residential Use Regulations; and Article 1-5-4 Non-Residential Bulk Regulations . BACKGROUND During the City Council meetings of November 16, 2020 and March 1, 2021, at the direction of the Council Development Services Director Larry Kirch presented the city' s planning efforts toward developing of a downtown core. Considering the necessary steps to shape the Apache Junction Downtown as directed by the recently approved General Plan, staff was directed to revise the B-3 "City Center" zoning district to eliminate land uses that were considered inappropriate for a downtown core. Planning staff worked to revise the B-3 land use allowances in the Apache Junction City Code, Volume II, Zoning Ordinance, Article 1-5-3 Non-Residential Use Regulations and minor edits to 1-5-4 Non-Residential Bulk Regulations following this direction, amending the land use allowances within the downtown core to focus the growth and development toward uses that stimulate a vibrant downtown through entertainment, restaurants, and other uses that generate activity. In the process of amending Table 5-3 Non-Residential Use Regulations, staff found many errors, inconsistencies and redundancies throughout the land use table, pertaining to all of the non-residential zoning districts . In the interest of addressing the various issues more efficiently, planning staff expanded the scope of the proposed amendment to include revising the other zoning districts and land use categories . "Non-Residential Use and Bulk Regulations Text Amendments"Case AM-1-21 July 27,2021 Planning and Zoning Commission Staff Report Two versions of the proposed amendments to Section 1-5-3 "Non- Residential Use Regulations" were presented to the Planning and Zoning Commission on June 22, 2021, with the first version only altering the B-3 "City Center" land use categories, and the second version proposing an amended version of the entire Table 5-3 : Non-Residential Use Regulations . The Planning and Zoning Commission was presented the option to limit the changes to the B-3 Land Uses or proceed with amending the entire table . Upon reviewing the proposed amendments the Commission agreed to proceed with amending the entire Section 1-5-3 Non-Residential Use Regulations ._ Following this discussion the Planning and Zoning Commission further reviewed the proposed changes and met again on July 13, 2021 to further discuss and refine the amendments . PROPOSAL The draft amendment is being presented to the planning and zoning commission for their recommendation to the city council . The proposed text amendment is case AM-1-21, a request to amend the non-residential zoning bulk and use regulations, in Section 1-5-3 Non-Residential Use Regulations; and Article 1-5-4 Non- Residential Bulk 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 1-5 : Zoning Bulk and Use Regulations, Section 1-5-3 Non-Residential Use Regulations; and Article 1-5-4 Non-Residential Bulk Regulations . 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-1-21, an amendment to the Apache Junction City Code, Volume II, Land Development Code, Chapter 1 : Zoning Ordinance, Article 1-5 : Zoning Bulk and Use Regulations, Section 1-5-3 Non-Residential Use Regulations; and Article 1-5-4 Non- Residential Bulk Regulations described in the attached text exhibits dated July 21, 2021 . 7 W- 44 Prepared by Nicholas Leftwich Associate Planner "Non-Residential Use and Bulk Regulations Text Amendments"Case AM-1-21 July 27,2021 Planning and Zoning Commission Staff Report Attachments: Exhibit #1 - Amendments to Non-Residential Use and Bulk Regulations (July 21, 2021) "Non-Residential Use and Bulk Regulations Text Amendments"Case AM-1-21 July 27,2021 Planning and Zoning Commission Staff Report AMENDMENTS TO NON-RESIDENTIAL USE AND BULK REGULATIONS 7/21/2021 1-5-3 NON-RESIDENTIAL USE REGULATIONS. Table 5-3 illustrates the use regulations for all non-residential zoning districts: TABLE 5-3: NON-RESIDENTIAL USE REGULATIONS USE CATEGORY SPECIFIC USE TYPE' B-1 B-2 B-3 B-4 4 B-54 PI Gen. Old City Cen. Bus Park/ Ind. Pub/Inst. West Light Ind. Motor Vehicle Dealer YES YES Y-E-S YES YES NO NO NO NO General Automotive YES YES YES *E-S YES NO Repair NO NO RV Sales/Service/Repair G UP Y&S C1W YES No NO NO NO NO CUP CUP Boat,ATV&Motorcycle YES YES Y-E5 YES Y-B NO Sales/Service NO NO Semi-Truck Qj_R YES GUP YES Y&S NO Service/Repair NO NO NO CUP CUP Semi-Truck Stop NO NO NO CUP CUP NO Vehicle Services Body Shops CUP c4p NO YES YES NO and Rentals NO NO Car Washes YES YES CUP- YES YES NO NO NO NO Vehicle Rental and -Y-ES YE-S YES YES YES NO Leasing CUP CUP NO Truck,Trailer and CUP CUP NO YES YES Moving Vehicle Rentals Machinery and Equip. YES YES YB YES YES NO Rental (indoor) NO Machinery and CUP CUP Q-4-P YES YES NO Equipment Rental NO (Indoor/Outdoor) General Retail (Personal Goods, Household Goods, YES YES YES NO NO NO Consumer Electronics, Specialty Goods,etc.) Automotive Parts and YES YES Y-B Y-B Y-B NO Accessory Sales NO CUP CUP Retail Sales and Services Manufactured/Mobile 064-P 0644? C1W CUP *ES NO Home Sales NO NO NO CUP Appliances&Parts Sales YES YES YES YES YES NO and Repair Stores NO Hardware Store YES YES YES YES YES NO NO NO [05-06-14] Page 1 [05-06'141 Page USE CATEGORY; SPECIFIC USE TYPE' B-1 B-2 B-3 B-44 "' 8-54 PI Gen. Old City Cen. i Bus Park/ Ind. Pub/Inst. West Light Ind. Marijuana Cultivation NO NO NO NO NO NO and Infusion Facilities - - Marijuana Cultivation NO NO NO NO NO NO Marijuana Testing NO NO NO NO NO NO Facilities Swap Meets CUP CUP C-�-J. NO NO NO NO Farmers Markets CUP CUPNO No YES YES YES NO YES Pawn Shops YES YES NO *F4 NO NO NO NO Temporary Retail Carts AUP AUP AUP AUP NO AUP and Kiosks Printing Shop YES YES YBI YES NO NO NO Cleaning and Janitorial Y YES Services YES YES NO YES NO NO Landscaping and YES Y-E S YES YES NO Exterminating Services NO NO NO Business Equipment YES Maintenance and Repair YES YES NO YES YES NO Personal and Household Goods Repair YES Retail Sales and YES YES YES YES NO (Electronics, Furniture, NO Services etc.) Dry Cleaning Services YES YES YES YES YES NO NO NO Laundromat YES YES YES YES YESNO NO NO NO Linen and Uniform YES YES YES YES YES NO Retail NO NO NO Linen,Carpet,and NO NO NO YES YES NO Uniform Supply& Cleaning Personal Care Services (e.g. Hair, Nails and Skin YES YES YES No NO NO Care) YES Tattoo Services YES YES YES No NO NO Death Care Services/ ,S YES YES NO Funeral Homes CUP CUP NO CUP NO Crematories NO NO NO CUP CUP NO Taxidermist YES YES NO NO NO YES YES NO Commercial Parking CUP CUP CUP CUP CUP CUP Lots and Garages [05-06-14] Page 3 USE CATEGORY; SPECIFIC USE TYPE' B-1 B-2 B-3 B-44 "' 8-54 PI Gen. Old City Cen. i Bus park/ Ind. Pub/Inst. West Light Ind. Fraternal Organizations YYS YES (Clubs and Lodges) YES YES YES NO NO NO Banks and Credit Unions YES YES YES YES YE NO NO NO Retail Sales and Securities/Commodities YES YES YES YES YES YES Services Office/Sales/Exchanges N`0 NO Check Cashing Store Y&S YES NO YES NO NO CUP CUP NO Adult Oriented Uses NO NO NO NO CUP NO General Offices YES YES YES YES' YES' NO Office Data Processing/Call YB YES YES Center YES YES NO NO NO NO Elementary, Middle, YES YES YES YES YES YES and High Schools& Col leges/Universities Educational Services Trade Schools YES YES NO YES YES YES Administrative Services YES YES YES YES YES YES Physicians, Dental and YES YES YES NO YES NO YES YES Health Practitioners NO Outpatient& YES YES YES NO YES NO YES Y-ES NO Ambulatory Care NO Centers Medical and Diagnostic YES YES Y4iS NO YES NO YES YES NO Labs NO Home Health Care YES YES Y4iS NO YES NO YES YES NO Services NO Blood and Organ Banks YES YES NO YES YES YS NO NO General Medical and YES YES YES YES NO YES YES Surgical Hospitals NO NO Psychiatric&Substance YES YES Y€S Y-ESNO 'EES Y-ES NO Abuse Facilities NO NO Health Care and Social Assistance Nursing and Residential YES YES . NO YE4 YES NO Care Facilities NO NO Individual and Family YES YES YSS YES NO NO Care Services NO NO Homeless Shelter YES YES NO NO NO NO Community Food and YES YES NO YES SE-111i YES NO Relief Services NO Vocational Rehab YES YES YES YES YES "`NO Services NO NO Child&Adult Day Care YES YES YES6 YES YES YES Services NO [05-06-141 Page 4 USE CATEGORY; SPECIFIC USE TYPE' B-1 B-2 B-3 B-44 "' 8-54 PI Gen. Old City Cen. i Bus Park/ Ind. Pub/Inst. West Light Ind. Movie Theaters YES YES YES NO NO NO Performing Arts YES YES YES YES NO Y-E-S YES Facilities NO Spectator Sports CUP CUP CUP C412 NO C,U P- CUP Facilities NO Museums and Historical YES YES YES YES NO NO YES Sites Zoos, Nature Parks and CUP CUP Q NO NO CUP Botanical Gardens NO Amusement Parks CUP CUP GU P QIP NO NO CUP NO Indoor Arcades YES YES YES Y&S'NO NO NO Gambling Facilities CUP CUP CUP 0J9 NO NO CUP Private Recreational CUP CUP cup CUP NO CUP Facilities(Outdoor) NO Arts, (Private Sports Entertainment, Complexes, Golf Recreation,and Courses,etc.) Open Space Private Recreational YES YES YES YES NO CUP Facilities(Indoor) (Gyms, Martial Arts Studios,Yoga Studios, Paintball Courses,etc.) Event Centers&Venues CUP CUP CUP CUP NO NO Public Recreational AUP AUP AUP AUP AUP AUP Facilities Public Outdoor Music AUP AUP AUP AUP AUP AUP Festivals/Events Private Outdoor Music CUP CUP CUP CUP NO CUP Festivals/Events Commercial Equestrian CUP CUP G NO CUP CUP CUP Boarding, Rentals, Arenas and Academies Cemeteries/ CUP CUP NO NO NO CUP Mausoleum Restaurants& YES YES YES YE-S NO CUP Delicatessen NO Caterers YES YES Y-ES YES "DES NO N06 NO Food and Confectionary and Ice YES YES YES YES NO NO Drinking Cream Sales NO Establishments Bars, Breweries, Brew YES YES YES YES NO NO Pubs and Tasting Rooms NO Restaurants/Bars/Clubs CUP CUP CUP GL-W NO NO (With Amplified NO Outdoor Music) [05-06-14] Page 5 USE CATEGORY; SPECIFIC USE TYPE' B-1 B-2 B-3 B-44 "' 8-54 PI Gen. Old City Cen. i Bus park/ Ind. Pub/Inst. West Light Ind. Government Offices YES YES YES YES YES YES and Courts Public Services YES YES YES YES YES YES Public (Libraries, Parks, Public Administration Safety Buildings) Detention/Correctional NO NO NO CUP CUP CUP Facilities or Institutions Oil and Gas Extraction CUP CUP NO CUP CUP CUP Mining, Quarrying,Gas Mining NO NO NO CUP CUP CUP and Oil Quarrying NO NO NO CUP CUP CUP Electric Power CUP CUP CUP CUP CUP CUP Generation' Water and Sewerage CUP CUP CUP CUP CUP Systems/Facilities YES Telecommunication Facilities CUP CUP CUP CUP CUP YES (Antennas or Towers) Telecommunication Utilities Facilities (Antennas or Towers) YES YES YES YES YES YES on land owned,leased, or otherwise controlled by the City - -- ------------------------------- ---------------------------- Other Utilities See§ 1-6-21 Alternative Energy See§ 1-6-16 Generation Facilities Light Manufacturing NO NO NO YES YES NO (Located within an enclosed building and only generates moderate and manageable traffic, noise,vibration,odor, glare and/or light impacts) Heavy Manufacturing NO NO NO NO CUP NO Manufacturing (Indoor and/or Outdoor: Assembly, manufacturing, processing, repair and/or storage,and that may generate traffic, noise,vibration,odor, glare,and/or light impacts that need to be conditionally managed) Ancillary YES' YES' YES' N/A N/A YES Manufacturing' [05-06-141 Page 6 USE CATEGORY; SPECIFIC USE TYPE' B-1 B-2 B-3 B-44 "' 8-54 PI Gen. Old City Cen. i Bus Park/ Ind. Pub/Inst. West Light Ind. Contractors office,shop YES YES YB YES YES NO and/or storage(indoors) NO Contractors office,shop CUP CUP CUP- CUP YES NO and/or storage(indoors NO Construction and/or outdoors) Craftsman and Artisan YES YES YES YES YES NO (Indoors) Craftsman and Artisan CUP CUP CUP YES CUP (Indoors or outdoors) NO Truck Transportation NO NO NO CUP CUP NO Terminal Bus Transportation .S Terminal NO NO NO CUP CUP CUP Air Transportation NO NO NO YES YES YES Terminal Taxi and Limousine YE-S YE-S YE-S YES YES YES Service NO NO NO Towing Truck Parking NO NO NO CUP YES NO Transportation and Storage and Scenic and Sightseeing CUP CUP cup CUP CUP CUP Warehousing Terminal/Parking NO Postal,Courier and CUP CUP GLW NO CUP YES CUP Delivery Service General Warehouse and NO NO NO YES YES NO Storage(Indoor) Mini-Warehouse CU-P GUR S -S NO NO NO NO CUP CUP Distribution Facilities NO NO NO C-i--P CUR NO YES YES Outside Storage Yards NO CUP NO NO NO CUP Motion Pictures and CUP CUP CUP YES YES YES Sound Recording Indus. NO Information Broadcasting and YES YES YES YES YES NO Recording Transfer Station/ Material Recovery NO NO NO NO CUP CUP Center Waste Management Solid Waste Disposal NO NO NO NO CUP CUP And Remediation Sites Recycling Facilities NO NO NO NO CUP CUP Waste Tire Collection QW CUP GWR and/or Storage NO NO NO NO NO [05-06-14] Page 7 USE CATEGORY; SPECIFIC USE TYPE' B-1 B-2 B-3 B-44 "' 8-54 PI Gen. old City Cen. i Bus Park/ Ind. Pub/Inst. West Light Ind. Crop Production YB YB YB YES YES NO NO NO NO Feed Lots NO NO NO NO NO NO Greenhouse and CUP CUP NO YES YES NO Agriculture Nursery Beef, Dairy,Sheep,Goat NO NO NO NO CUP NO and Hog Production Poultry and Egg NO NO NO CUP CUP NO Production Aquaculture NO NO NO CUP CUP NO Single-Family Detached NO NO NO NO NO NO Residential Multi-Family Residential CUP CUP CUP NO NO CUP (Including Apartments, (13 DU/ Condominiums or AC Min.) Residential Uses' Townhouses) Assisted Living Facility YES YES yE4_ 'GCS NO CUP CUP NO NO Group Care Home CUP CUP CUP NO NO YE-S NO Live/Work Unit CUP CUP G UP NO NO CUP YES Hotels, Motels and YES YES YES NO NO Resorts NO Bed and Breakfast Inns YES YES YI=S YES NO NO Accommodation NO NO and Lodging CUP CUP C -P NO NO RV Campgrounds NO NO YES YES YES S Boarding House NO NO NO NO NO NO Institution (seating Religious capacity of up to 1,500 YES YES YES YES YES YES Institutions/ persons) Places of Worship Large Institution (seating capacity CUP CUP CUP CUP CUP CUP greater than 1,500 persons) "YES" = Permitted Use by Right. A "Yes" indicates that the listed use is permitted by-right within the respective zoning district. "CUP" = Conditional Use Permit. A"CUP" indicates that the listed use is permitted within the respective zoning district only after review and approval of a Conditional Use Permit, in accordance with the review and approval procedures of§ 1-16-12 (D). [05-06-14] Page 8 "AUP" =Administrative Use Permit.An "AUP" indicates that the use and/or structure is permitted within the respective zoning district following review and approval of an administrative permit by the Development Services Director or designee in accordance with § 1-16-12 (C). "NO" = Prohibited Uses. A "NO" indicates that the listed use type is expressly not allowed within the respective zoning district. Footnotes from Table 5-3: 1. Where land use category definitions are not provided or unclear,the Zoning Administrator shall be responsible for interpretation. 2. An ancillary manufacturing use is a subsidiary or secondary use or operation connected to the main use of a building.Ancillary manufacturing uses shall be allowed in the B-1, B-2 or B-3 zoning districts if incidental and subordinate to the primary retail, office, public or quasi/public use, provided that not more than 50%, up to a maximum of 1,500 square feet,of the floor area of the business is engaged in these ancillary manufacturing activities. No outside manufacturing, processing,repair or equipment/inventory storage shall be allowed for ancillary uses(see Section 1-6-26). Ancillary manufacturing uses proposed to be greater than 1,500 square feet and/or 50%of the total floor area may be approved as a conditional use by the Planning and Zoning Commission (see Section 1-6-26). 3. See § 1-6-16 (B)for alternate energy production regulations. 4. Land uses listed in the B-4 and B-5 district that propose outdoor assembly,repair,manufacturing, processing and/or storage shall require conditional use permit approval even if identified in Table 5-3 as a permitted use by right. 5. See § 1-6-15 for adult oriented business regulations. 6. Day Care Services, Beer, Wine and Liquor Sales, Caterers, and Bottled Gas Dealers shall only be permitted in the B-3 district as incidental uses and not as primary uses with stand-alone facilities 7. Offices in B-4 and B-5 zoning districts shall only be permitted as ancillary uses. 8. Where anon-residential property was previously;developed for commercial uses and is being redeveloped for residential uses, the new development plan shall contain whichever is greater of either. (i) a minimum of 25%of the previous building square footage on the new site for commercial uses,or; (ii) a minimum of 45%of the acreage shall be used for commercial uses. This definition of commercial uses shall be interpreted in a broad sense to include all typical retail, commercial and office uses. [05-06-14] Page 9 1-5-4 NON-RESIDENTIAL BULK REGULATIONS. Table 5-4 illustrates the bulk requirements for all non-residential zoning districts: TABLE 5-4; NON-RESIDENTIAL BULK REGULATIONS Density' Applicable Applicable Dwelling Unit Applicable Applicable (main structure) (accessory structure) Minimum Interior Side Setback 10 ft, 5 ft. 5 ft. 10 ft. 10 ft. 10 ft. (accessory structure) Minimum Street Side Setback 10 ft. 0 ft. 0 ft. 10 ft. 10 ft. 10 ft. (all structures) (all structures) Maximum Size for Accessory No limit No limit No limit No limit No limit No limit Structure Structure Maximum Height for Accessory 20 ft. 20 ft. 20 ft. 35 ft. 35 ft. 35 ft. Structures Footnotes from Table General Old West City Cen. Bus.Park Industrial Public/Inst. ^ Minimum lot area shall be calculated as net land area. For condominiums or townhomes no minimum lot size or width shall be required. ' Minimum lot width is the distance between side lot lines measured perpendicular tothe lot depth at the front setback line. Minimum lot width measurement for flag lots shall be interpreted by the Zoning Administrator. Lot width, as measured at the front setback line, shall not be less than 25%of the lot depth,unless waived by the Zoning Administrator due to unique environmental or geographic conditions. 3 Maximum density shall be calculated as the total number of dwelling units/net land area. [05-06'14] Pa8e1O a In addition to the standards listed in Table 5-4, the following supplemental standards shall apply to Institutional and Business Zoning Districts Fences and Walls See Section 1-6-3 Landscaping and Screening See Article 1-8 Lighting and Illumination See Article 1-10 Parking and Loading See Article 1-7 Outdoor Storage See Section 1-6-9 Solar Panels and Alternative Energy See Section 1-6-16 Signs See Article 1-11 Visibility at Intersections See Section 1-6-13 Temporary Use and Structures See Section 1-6-23 Design Guidelines See Article 1-13 NOTE:A Site Plan and Design Review application is required for all new development prior to applying for building permits. [05-06-14] Page 11 City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No. 13. File ID: 21-456 Sponsor: Nicholas Leftwich Agenda Date:9/21/2021 Index: In Control: City Council Meeting Presentation, discussion, public hearing and consideration of proposed Resolution No. 21-30, 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 "August 2021 Amendments to the 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 and § 1-5-4 Non-Residential Bulk Regulations"; repealing any conflicting provisions; and providing for severability. City of Apache Junction,Arizona Page 1 Printed on 911512021 City ofApache Junction Development Services Department APACHE JUNCTION CITY COUNCIL STAFF REPORT Date: September 21, 2021 To: Honorable Mayor and City Council Members Through: Larry Kirch, Development Services Director Rudy Esquivias, Planning Manager/Zoning Administrator From: Nicholas Leftwich, Associate Planner Subject: September 20, 2021 City Council Work Session Item; September 21, 2021, City Council Public Hearing Item: AM-1-21 (Resolution No. 21-30, Ordinance 1508) Presentation, discussion and consideration on proposed text 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 and § 1-5-4 Non-Residential Bulk Regulations . BACKGROUND On August 17, 2021, the City Council held a public hearing for the presentation and discussion of the proposed amendments to Apache Junction City Code, Volume II, Land Development Code, Chapter 1 : Zoning Ordinance, Article 1-5 : Zoning Bulk and Use Regulations . Following the reception of public comments and council discussion, the public hearing item concerning the proposed amendments was continued until September 21, 2021 to allow further study and consideration of how to properly shape the "B-3" City Center Land Use categories . August 17, 2021 City Council Public Hearing: http: //apachejunction.granicus . com/player/clip/1978?view id=2&re direct=true Under this direction, staff researched and re-evaluated the land use categories of consideration and presents the revised document "August 2021 Amendments to the Apache Junction City "Non-Residential Use and Bulk Regulations Text Amendments"Case AM-1-21 September 21,2021 City Council Staff Report 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 and § 1-5-4 Non-Residential Bulk Regulations" for council consideration and public hearing. Regarding the discussion items : • As noted in council discussion, there was some confusion about how the code language handled accessory retail and service uses . Footnote 6 has been updated with clearer language and utilized more frequently within the table to designate that the noted use is permitted when accessory to a permitted primary use, such as how a grocery store sells bottled gas, but a stand-alone bottled gas store is not a permitted primary use in the B-3 district. • The land uses identified in the August 17th meeting have been re-evaluated. Printing shops and offices have been amended to be allowed without additional restrictions in the B-3 zone . Auto part sales and appliance repair are permitted when incidental to a permitted primary use. Staff recommendation regarding car washes, auto repair shops, nurseries and greenhouses, and antique stores has not changed. • Vehicle Showrooms, such as those that luxury auto dealerships have located inside of malls, were further researched with discouraging results, and as such they have not been added as a separate category from the inclusive "Motor Vehicle Dealer" land use category. • Staff recommends that the Conditional Use Permit requirement for Outdoor Amplified Music for restaurants and bars remain unchanged. Other jurisdictions, such as the Town of Gilbert, have noted that other noise problems such as extreme bass levels disturbing nearby residents can occur even when the decibel levels that the city' s noise ordinance regulates do not exceed city standards . Staff Recommendation The proposed text amendment has been drafted in order to address several needs within the current land use regulations of Apache Junction City Code, Volume II, Land Development Code, Chapter 1 : Zoning Ordinance, Article 1-5 : -Zoning Bulk and Use Regulations . Planning staff recommends approval of the proposed text amendment. Resolution No. 21-30 adopts the document "August 2021 Amendments to the Apache Junction City Code, Volume II, Land Development Code, Chapter 1 : Zoning Ordinance, Article 1-5 : Zoning Bulk and "Non-Residential Use and Bulk Regulations Text Amendments"Case AM-1-21 September 21,2021 City Council Staff Report Use Regulations, § 1-5-3 Non-Residential Use Regulations and § 1-5-4 Non-Residential Bulk Regulations" as public record. Ordinance No. 1508 amends the code through the process of repealing the current sections and replacing them with the amended version, adopting by reference the document made public record through Resolution No. 21-30 . Planning and Zoning Commission Recommendation A Planning and Zoning Commission public hearing was held on July 27, 2021 . The Commission unanimously recommended approval of the text amendment in a vote of 7-0 . From the time of that recommendation the amendments have been altered in the manner noted above, as well as other edits as directed by the city council in the August 2, 2021 Work Session and as reported previously in the August 17th City Council meeting. These changes were to the allowances for data centers, trade schools, administrative services and shopping center developments, as well as a change to the percent requirement of how much acreage a residential development replacing a commercial development would be required to retain for commercial uses from 45% to 350 . The attached ordinance represents the combination of the Commission' s recommendation and these requested changes . Attachments: -Ordinance No. 1508 -Resolution No. 21-30 -August 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 and § 1-5-4 Non- Residential Bulk Regulations -Changelog of Article 1-5 Amendments -P&Z Staff Report (July 27, 2021) -Public Comment Letters "Non-Residential Use and Bulk Regulations Text Amendments"Case AM-1-21 September 21,2021 City Council Staff Report RESOLUTION NO. 21-30 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 "AUGUST 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 AND § 1-5-4 NON-RESIDENTIAL BULK REGULATIONS"; 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 one paper copy is filed with the city clerk and an electronic copy is accessible on the city' s website, with both made available for public use and inspection; and WHEREAS, pursuant to A.R. S . §§ 9-801 (1) and 9-802, such codes include zoning regulations; 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 "August 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 and § 1-5-4 Non-Residential Bulk Regulations", of which at least one paper copy is on file with the city clerk and one electronic copy of which is accessible on the city' s webs ite (www. apachejunct:i_onazWgov) , is hereby declared to be a public record, and shall be made available for public use and inspection. RESOLUTION NO. 21-30 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, 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 2021 . WALTER "CHIP" WILSON Mayor ATTEST: JENNIFER PENA City Clerk APPROVED AS TO FORM: RICHARD JOEL STERN City Attorney RESOLUTION NO. 21-30 PAGE 2 OF 2 City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No. 14. File ID: 21-477 Sponsor:Aaron LaSota Agenda Date:9/21/2021 Index: In Control: City Council Meeting Presentation, discussion, public hearing and consideration of proposed Ordinance No. 1512, an ordinance of the mayor and city council of the City of Apache Junction, Arizona, amending Apache Junction City Code, Volume I by repealing Chapter 5: Municipal Court, in its entirety and adopting by reference a new Chapter 5: Municipal Court set forth in that certain document filed with the city clerk and titled "2021 Amendments to the Apache Junction City Code, Volume I, Chapter 5: Municipal Court"; repealing any conflicting provisions; providing for severability; and providing for penalties. City of Apache Junction,Arizona Page 1 Printed on 911512021 INTEROFFICE MEMO OFFICE OF THE CITY ATTORNEY TO: Honorable Mayor and DATE: September 21, 2021 Members of City Council FROM: R. Joel Stern City Attorney SUBJECT: CHAPTER 5 AMENDMENTS; OUR FILE NO. 21-020 The Apache Junction City Code, Vol. 1, Chapter 5, Municipal Court, is in need of revision to allow Presiding Magistrate Aaron Doug LaSota the ability to recommend for appointment to council a part-time associate magistrate as well as a judicial assistant who will, in the absence of the associate magistrate and presiding magistrate, handle limited criminal matters such as initial appearances, arraignments, plea agreements and uncontested matters, and on occasion will handle civil traffic and other civil matters. Judge LaSota has noted the administrative justification for these positions in a separate memo. The code amendment also eliminates the reference to pro-tem magistrates since they are only authorized under Arizona law to adjudicate superior court and justice of the peace cases. Staff recommends approval of Ordinance 1512 which includes the Chapter 5 amendments to be adopted by reference with Resolution No. 21-41 declaring the amendments a public record. R. Joel Stern City Attorney r9 a C 0 lj�I"#r-A U Municipal Court 8/26/2021 To: Mayor Wilson, Vice-Mayor Rizzi and City Council Members From: Hon. A. Douglas LaSota, Presiding Magistrate Re: Associate Magistrate positions As previously discussed, I would like to hire an Associate Magistrate who is an attorney and would work no more than 19 hours per week on average. I do not believe a full-time position is necessary, as I can handle the volume fine without full-time assistance. Also as discussed, I would like to hire a Judicial Assistant to replace the Management Analyst who left, leaving an open position. I would also like to have Council appoint such person as a non-attorney Associate Magistrate as we discussed in Executive session. I have reviewed Mr. Stern's proposed amendments to the City Code, and worked with him on appropriate language and appropriate limitations on the power of the Judicial Assistant in a role of Associate Magistrate. I believe the limitations expressed by council have been adhered to regarding the person's scope of duties. Therefore, I recommend that the draft changes proposed by Mr. Stern be approved. Thank you for your consideration of this matter. 4. Q41� 4 Z��_te Hon. A. Douglas LaSota Apache Junction Municipal Court 300 E Superstition Blvd., Apache Junction, AZ 85119 (480)982-8250 ORDINANCE NO. 1512 AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AMENDING APACHE JUNCTION CITY CODE, VOLUME I, BY REPEALING CHAPTER 5 : MUNICIPAL COURT, IN ITS ENTIRETY AND ADOPTING BY REFERENCE A NEW CHAPTER 5 : MUNICIPAL COURT SET FORTH IN THAT CERTAIN DOCUMENT FILED WITH THE CITY CLERK AND TITLED '12021 .AMENDMENTS TO THE APACHE JUNCTION CITY CODE, VOLUME I, CHAPTER 5 : MUNICIPAL COURT"; REPEALING ANY CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR PENALTIES . WHEREAS, Chapter 5 of the Apache Junction City Code ("A. J.C.C. ") , Volume 1 relating to municipal court operations was last updated by Ordinance No. 1466 on November 20, 2018; and WHEREAS, since that time, there has been a change of personnel in the municipal court, most importantly, the presiding magistrate himself; and WHEREAS, the presiding magistrate desires to add to his staff a part-time associate magistrate and a judicial assistant through a council appointment process; and WHEREAS, the current language of the code does not enable the presiding magistrate to make such appointment recommendations to the council; and WHEREAS, the code can be changed to accommodate these personnel additions; and WHEREAS, such modifications to the code were presented to the council during a new business discussion item on September 7, 2021 and at a public hearing on September 21, 2021; and WHEREAS, A.R. S . § 9-802 permits municipalities to enact the provisions of a code or 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 one paper copy of the code changes or public record are filed in the office of the clerk of the municipality and an 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 municipal court operations; and WHEREAS, city staff has determined that for administrative efficiency, it is more appropriate to update the city code by ORDINANCE NO. 1512 PAGE 1 OF 3 repealing the current version of Chapter 5 of Apache Junction City Code Volume 1 in its entirety and replacing it with an updated version. 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 1, Chapter 5 : Municipal Court, is hereby repealed in its entirety. 2 . That certain document known as "2021 Amendments to the Apache Junction City Code, Volume 1, Chapter 5 : Municipal Court", 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. 21-41 of the City of Apache Junction, 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 . ORDINANCE NO. 1512 PAGE 2 OF 3 WAITER "CHIP" WILSON Mayor ATTEST: JENNIFER PENA City Clerk APPROVED AS TO FORM: RICHARD J. STERN City Attorney ORDINANCE NO. 1512 PAGE 3 OF 3 2021 AMENDMENTS TO THE APACHE JUNCTION CITY CODE, VOL. 1, CHAPTER 5: MUNICIPAL COURT CHAPTER 5: MUNICIPAL COURT ARTICLE 5-1: MUNICIPAL COURT Section 5-1-1 Municipal court established;jurisdiction 5-1-2 Definitions 5-1-3 Presiding Magistrate 5-1-4 Qualification of municipal court judges 5-1-5 Hearing officers 5-1-6 Judicial Assistants 5-1-7 Powers and duties of Presiding Magistrate 5-1-8 Proceedings of court 5-1-9 Formation and summoning of juries;juror pay 5-1-10 Court personnel 5-1-11 Home detention and continuous alcohol monitoring § 5-1-1 MUNICIPAL COURT ESTABLISHED; JURISDICTION. The municipal court is established as a separate, independent branch of city government, which has exclusive jurisdiction of all violations of the city code, and jurisdiction concurrently with justices of the peace of precincts in which the city is located for violations of all misdemeanors committed within the limits of the city(L inclugi ve of city code and state statute crimes § 5-1-2 DEFINITIONS. The following words,when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning. ASSOCIATE MAGISTRATE. A full-qx-part time termed judge of the city court, appointed by the city council, other than the presiding magistrate. CITY MAGISTRATE. Any judge of the municipal court, including the presiding magistrate, associate magistrate, pfe-tefa-faagistnAe and interim magistrate, all of whom have attended the Judicial Collegye or New Jude e Orientation required the Administrative Office of the Courts. passed any required exam. CIVIL TRAFFIC HEARING OFFICER. A city court employee assigned special duties by the presiding magistrate pursuant to the city code. DISCIPLINARY ACTION. Action taken by the State Bar of Arizona or the Supreme Court of Arizona, or any other licensing authority for attorneys or judges including reprimand, censure, suspension or disbarment. INTERIM MAGISTRATE. A judge appointed by the city council to perform the duties of a presiding magistrate during an absence or vacancy greater than three weeks, but not greater than six months. JUDICIAL ASSISTANT. A full and non carer e ee of the city apointed by the council, charged ith�perfo in administrative non-Judicial and associate magistrate ministerial or clerical non-discretionary udicial duties in the absence or unavailability of e presiding mqgigjqj�. -MINISTERIAL OR CLERICAL NON-DISCRETIONARY JUDICIAL DUTIES. Tasks that a judicial assistant may perfo that do not ire an individualized ized evaluation but instead concentrate on technical skills and train', including the o Dlea agreements with uiqg, in( e processing definitive conditions not allowing, changes b,y a judicial officer, continuances of pretrial matters, and initial appe arances arances pursuant to Arizona Criminal Procedure Rule 4 and arraignments pursuant to Arizona Criminal Procedure Rule 14 and only uncontested hearings or motions, PRESIDING MAGISTRATE. The full time IgnEedJudge appointed by council, charged with the management and administrative responsibility of the municipal court. th �isiiaT 4-of Tft-si s`sa ,ji+agis4rate7 § 5-1-3 PRESIDING MAGISTRATE. (A) The presiding officer of the municipal court shall be the presiding magistrate,who shall be appointed by the council for a minimum term of two years with the dates of the term to be set by contract. The council may suspend, discipline;or remove any city magistrate as follows: (1) If the judge pleads guilty or no contest,or is found guilty,of a crime punishable as a felony under any laws of this state, another state, or a federal law, or of any other crime that involves moral turpitude under the laws of this state; (2) If the judge has a disability that prevents the judge from performing the essential functions of the position; 2 (3) If the judge engages in actions constituting willful misconduct in office, willful and persistent failure to perform his or her duties, or conduct prejudicial to the administration of justice that brings the judiciary into disrepute; or (4) If the judge is subjected to disciplinary action by the Arizona Supreme Court or State Bar of Arizona. (B) The Presiding Magistrate shall be considered a non-career contract employee after being appointed and all other terms shall be negotiated and set forth in a written employment contract. (C) The city council shall appoint one or more full and/or part-time magistrates for a term as the city council deems necessary pursuant to this chapter. In the event of an absence or vacancy in the position of presiding or associate magistrate, council may appoint an interim magistrate who must meet all of the requirements as a city magistrate. § 5-1-4 QUALIFICATIONS OF CITY MAGISTRATES. (A) Every magistrate shall: (1) Be an active member of the State Bar of Arizona in good standing for at least five years prior to appointment; (2) Have no discipline by any State Bar or State Supreme Court for a period of ten years prior to appointment. § 5-1-5 HEARING OFFICERS. Civil traffic hearing officers shall: (A) Be assigned to one or more employees of the magistrate court at the discretion of the presiding magistrate rovidd such d�zties ark listed in the jo duties of such positions; (B) Meet the qualifications established by the Arizona Supreme Court for such officers to be eligible for the special assignment; (C) Have the authority to hear cases involving civil traffic matters arising under state law or city code,cases involving orders of protection,injunctions against harassment,and such other civil cases as may be authorized by law; and (D) Not receive additional compensation for performing such duties. 3 § 5-1-6 MAC T'��JUDICIAL,ASSISTANTS. (A) In the absence of the presiding magistrate, or in e-instances where the presiding magistrate has been disqualified by the action of the prosecution, defendant, recusation on the part of the presiding magistrate or other cause, may a judicial assistant ta-may hear such criminal action. however °udicial assistants ma oni crfo ray ministerial or clerical non-discretionar judicial. duties on these matters as defined in this chapter under definitions and administrative non-judicial duties as a l assistant has been privy to -x ccv- co inunications or has conducted independent factual research about a case while acting,as court administrative staff, the judicial assistant shall not erform an Ana istrate duties in such case. (B) Judicial assistants shall be appointed by the council a on recommendation by the presiding magistrate with a minimum of a two vear written contract as a. non-career contract emRl ee. C M gi tes�� Judicial assistants do not have to be active members of the State Bar of Arizona. (D) Judicial assistants shall complete the Ne Judffe Orientation9 pass the exa as required by the Administrative Office of the Courts. k CJnder no circumstances ma a °udicial assistant erform criminal trialivil in`u ctions a ainst harassment or orders of protection hearings, but tbey may serve as a civil hearin officer in other cases. § 5-1-7 POWERS AND DUTIES OF PRESIDING MAGISTRATE. The powers and duties of the presiding magistrate shall include; (A) Those set forth and conferred upon the magistrate under the provisions of the state constitution and statutes, administrative orders of the State Supreme Court or Superior Court, and the ordinances and resolutions of the city; (B) The keeping of a docket in which shall be entered each action and the proceedings of the court therein; (C) Responsibility over fixing and receiving all bonds and bails and receiving all fines, penalties, fees and other monies as provided by law; (D) Payment of all fines, penalties and other monies collected by the court to the city finance director or his or her designee; 4 (E) Monthly report submittal to the council summarizing court activities; F Preparation of a schedule of traffic V10 atlonS ,*ot rnvolving-sue. d,,,ctr-ere- t- ,-�, lstmg specific bail for each violation; (G) Supervision of the judicial and internal administrative functions of the municipal court in a professional manner utilizing appropriate management techniques to organize and direct the efficient operation of the court; (H) Department director status as a non-career employee under the Apache Junction Personnel Rules, and shall as any director, manage municipal court employee grievance procedures, termination, evaluation or other personnel related matters; (I) Delegation of duties and responsibilities to and supervision of ma ,i4fas-Ff ,-4effi7�� judicial and non judicial personnel as necessary who directly affect the operation of the court; (J) Establishment and implementation of proper case management techniques and standards; (K) Determination of judicial assignments for each magistrate p 4em-and within guidelines established by council, establishment and maintenance of standard working hours and times to effectively discharge these assignments; (L) Establishment and implementation of standards and parameters for indigence screening and guidelines for the purpose of appointing defense counsel; (M) Establishment of specific parameters within the bounds of the law and sound management practice, under which a defendant shall be granted the time to pay monetary sentences imposed, and authority to specify the standards for establishment of payment amounts; (N) Exclusive supervisory authority over all court personnel while such personnel are performing work for the court, including, but not limited to, the court administrator, clerical support, courtroom support staff, and bailiffs and security screeners; (0) Exercising of administrative supervision over the court in accordance with the principle of judicial independence under the doctrine of separation of powers as defined in the Arizona State Constitution, Article III; (P) Exercising similar other administrative authority as necessary to maintain and enhance the ability of the court to do justice for all who come before the court; (Q) Cooperation and coordination with the presiding superior court judge(s) concerning the administration of the municipal court; and 5 (R) Keeping in custody and taking charge of and safely keeping and disposing of, according to court rules, all books,papers and records which may be filed or deposited in custody; destruction of all documents, records, instruments, books, papers, dispositions, exhibits and transcripts in any action or proceeding in the municipal court or otherwise filed or deposited in custody pursuant to rules established by the Supreme Court, and notification to the appropriate state office for records retention. § 5-1-8 PROCEEDINGS OF COURT. (A) The proceedings shall be conducted in accordance with the Arizona State Constitution, applicable state statutes and rules of the State Supreme Court pertaining to municipal courts. The proceedings shall also be conducted in accordance with the Rules of Criminal Procedure for the Superior Court and r!ine t Arizona Revised Statutes ' tL— at with re,,ard to the following, including but not limited to: pfevis siens-Fetafdmg-filing complaints, bail, initial �fap�ar�lzce °�rrai�ntin of leas consideration of lea a regiments cond�actin trials,,, orders ofrotection4 injunctions against harass entg issuance of subpoenas, summons, warrants and punishment for disobedience so far as applicable and when not otherwise prescribed. (B) The magistrate shall cause to be prepared a schedule of criminal traffic or misdemeanor violations listing specific bail for each violation. (C) The magistrate shall cause to be prepared a schedule of civil traffic violations, listing a specific deposit for each violation. (D) When the defendant pleads guilty or is convicted either by the court or by a jury, the court shall pronounce judgment on the plea or verdict. (E) A sentence of a fine, imprisonment or both, and other things such as probation, community restitution,victim restitution, counseling and screening an cr mane emcnt and other appropriate requirements, may be pronounced at the time of sentencing and shall be included in the judgment and sentencimy, documents. (F) If the court sentences the defendant to pay a fine, and the defendant fails to comply with the order,the court, after a hearing,may order that the defendant receive credit toward payment of the fine for jail time served as determined by state law for each day of imprisonment. (G) The sentence, shall not extend beyond the term of imprisonment for which the defendant might be sentenced for the offense of which the defendant has been found guilty. (H) A sentence and judgment that the defendant pay a fine, with or without the alternative of imprisonment, shall constitute a lien such as which can typically be ordered in a civil action. 6 § 5-1-9 FORMATION AND SUMMONING OF JURIES; JUROR PAY. (A) The formation and summoning of juries and drawing and disposition of names and impaneling of jurors in municipal court shall be done in the same manner as provided for by law in courts of record,or as permitted by A.R.S. § 21-33 1, and as may be amended from time to time. (B) Each juror shall be paid by the city for each day in attendance in the municipal court a sum as provided for in state statutes for payment of jurors, as may be amended from time to time. § 5-1-10 COURT PERSONNEL. (A) Unless otherwise noted in this cha pter, Tthe authority of the presiding magistrate for making decisions regarding the overall function of the court applies to decisions concerning handling of court mail and records,hiring, supervision,discipline and dismissal of court personnel, provided that decisions regarding hiring, supervision and dismissal of court personnel are consistent with the municipal court personnel policy. Personnel rules adopted by the city for the employment, grievance procedures, termination, sick leave, overtime, vacation time and other items are applicable to employees of the municipal court,unless otherwise stated in a written policy approved by the presiding magistrate. In employing additional personnel, the existing city personnel procedures shall be followed. § 5-1-11 HOME DETENTION AND CONTINUOUS ALCOHOL MONITORING. (A) As authorized by A.R.S. § 9-499.07, if a person is sentenced to jail confinement by the municipal court, the court may substitute home detention or continuous alcohol monitoring, or both, for a portion of the jail term as provided in this section. (B) A person is not eligible for home detention or continuous alcohol monitoring when substituted for jail, if any of the following apply: (1) The person constitutes a risk to himself or other members of the community; (2) The person has a history of violent behavior; (3) The conviction for which the person is being sentenced is a domestic violence offense pursuant to A.R.S. § 13-3601; (4) The conviction for which the person is being sentenced is an act of prostitution or solicitation pursuant to A.R.S. § 13-3214. ip iffeafeeratiefi-. 7 (D�C) If the person is sentenced under A.R.S. § 28-1381(K) or A.R.S. § 28-1382(D) or(E), the person must first serve a minimum of 20% of the initial term of incarceration in jail before being placed under home detention or continuous alcohol monitoring and shall Tay the incarceration costsg ifthe person is sentenced under A.R.S. 2§ 8m1381I the person shall first serve a minimum of twenty four L24L urs in *ail. ho.....J_ (E;D) A person placed under home detention shall be subject to electronic monitoring in the person's home, and shall be required to remain at home during the hours specified by the court. If a person is sentenced under A.R.S. §§ 28-1381 or 28-1382, the person shall be tested at least once daily for the use of alcohol or drugs in a manner approved by the court. (flE) If the person attends educational classes or is employed, the court may permit the person to attend classes or leave home for employment during specified hours. The court may permit the person to also attend religious services or funerals, or to seek medical care. (G�F) The court may require a person under home detention to participate in community restitution work, or impose other reasonable requirements or restrictions the court deems necessary. (HG) A person under home detention or continuous alcohol monitoring shall be required to pay the full cost of the electronic monitoring and alcohol or drug testing, plus administrative fees established by the presiding magistrate. The court may assess a lesser amount,based on the ability of the person to pay after income verification is confirmed. (III) The court shall terminate a person's home detention or continuous alcohol monitoring and require the person to complete the remaining term of the jail sentence by jail confinement, if the court finds the person has not successfully completed court-ordered alcohol or drug screening and treatment pursuant to A.R.S. §§ 28-1381 or 28-1382, or the person has improperly left the home during home detention, or failed to comply with the continuous alcohol monitoring program requirements. The court may terminate a person's home detention or continuous alcohol monitoring and require jail confinement for any other violation of the terms of the home detention or continuous alcohol monitoring order. (H) The court may use continuous alcohol monitoring alone or in conjunction with any other sentence requirements as a term of probation. (1Q) A person who is in q-program pursuant to this section shall bear the cost of all testing, monitoring and enrollment in the program, and pay $30 per month while in the program, unless, after determining the inability of the defendant prisener-to pay the cost, the court assesses a lesser amount. The court shall use the collected monies to offset operational costs of the program. (I I ) This pro gram can only be ten-ninated by a majority vote of the city council. 8 L All other provisions of A.R.S. § 9-499.07 shall be followed by the court if not already stated above. 9 2021 AMENDMENTS TO THE APACHE JUNCTION CITY CODE, VOL. 1, CHAPTER 5: MUNICIPAL COURT CHAPTER 5: MUNICIPAL COURT ARTICLE 5-1: MUNICIPAL COURT Section 5-1-1 Municipal court established;jurisdiction 5-1-2 Definitions 5-1-3 Presiding Magistrate 5-1-4 Qualification of municipal court judges 5-1-5 Hearing officers 5-1-6 Judicial Assistants 5-1-7 Powers and duties of Presiding Magistrate 5-1-8 Proceedings of court 5-1-9 Formation and summoning of juries;juror pay 5-1-10 Court personnel 5-1-11 Home detention and continuous alcohol monitoring § 5-1-1 MUNICIPAL COURT ESTABLISHED; JURISDICTION. The municipal court is established as a separate, independent branch of city government, which has exclusive jurisdiction of all violations of the city code, and jurisdiction concurrently with justices of the peace of precincts in which the city is located for violations of all misdemeanors committed within the limits of the city(inclusive of city code and state statute crimes). § 5-1-2 DEFINITIONS. The following words,when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning. ASSOCIATE MAGISTRATE. A full or part time termed judge of the city court, appointed by the city council, other than the presiding magistrate. CITY MAGISTRATE. Any judge of the municipal court, including the presiding magistrate, associate magistrate, and interim magistrate, all of whom have attended the Judicial College or New Judge Orientation required by the Administrative Office of the Courts, passed any required exam. CIVIL TRAFFIC HEARING OFFICER. A city court employee assigned special duties by the presiding magistrate pursuant to the city code. DISCIPLINARY ACTION. Action taken by the State Bar of Arizona or the Supreme Court of Arizona, or any other licensing authority for attorneys or judges including reprimand, censure, suspension or disbarment. INTERIM MAGISTRATE. A judge appointed by the city council to perform the duties of a presiding magistrate during an absence or vacancy greater than three weeks, but not greater than six months. JUDICIAL ASSISTANT. A full or part-time termed administrative contractual non-attorney and non-career employee of the city appointed by the council, charged with performing administrative non judicial and associate magistrate ministerial or clerical non-discretionary judicial duties in the absence or unavailability of the presiding magistrate. MINISTERIAL OR CLERICAL NON-DISCRETIONARY JUDICIAL DUTIES. Tasks that a judicial assistant may perform that do not require an individualized evaluation but instead concentrate on technical skills and training, including the processing of plea agreements with definitive conditions not allowing changes by a judicial officer, continuances of pretrial matters, and initial appearances pursuant to Arizona Criminal Procedure Rule 4 and arraignments pursuant to Arizona Criminal Procedure Rule 14, and only uncontested hearings or motions. PRESIDING MAGISTRATE. The full time termed judge appointed by council, charged with the management and administrative responsibility of the municipal court. § 5-1-3 PRESIDING MAGISTRATE. (A) The presiding officer of the municipal court shall be the presiding magistrate,who shall be appointed by the council for a minimum term of two years with the dates of the term to be set by contract. The council may suspend, discipline or remove any city magistrate as follows: (1) If the judge pleads guilty or no contest,or is found guilty,of a crime punishable as a felony under any laws of this state, another state, or a federal law, or of any other crime that involves moral turpitude under the laws of this state; (2) If the judge has a disability that prevents the judge from performing the essential functions of the position; (3) If the judge engages in actions constituting willful misconduct in office, willful and persistent failure to perform his or her duties, or conduct prejudicial to the administration of justice that brings the judiciary into disrepute; or 2 (4) If the judge is subjected to disciplinary action by the Arizona Supreme Court or State Bar of Arizona. (B) The Presiding Magistrate shall be considered a non-career contract employee after being appointed and all other terms shall be negotiated and set forth in a written employment contract. (C) The city council shall appoint one or more full and/or part-time magistrates for a term as the city council deems necessary pursuant to this chapter. In the event of an absence or vacancy in the position of presiding or associate magistrate, council may appoint an interim magistrate who must meet all of the requirements as a city magistrate. § 5-1-4 QUALIFICATIONS OF CITY MAGISTRATES. (A) Every magistrate shall: (1) Be an active member of the State Bar of Arizona in good standing for at least five years prior to appointment; (2) Have no discipline by any State Bar or State Supreme Court for a period of ten years prior to appointment. § 5-1-5 HEARING OFFICERS. Civil traffic hearing officers shall: (A) Be assigned to one or more employees of the magistrate court at the discretion of the presiding magistrate, provided such duties are listed in the job duties of such positions; (B) Meet the qualifications established by the Arizona Supreme Court for such officers to be eligible for the special assignment; (C) Have the authority to hear cases involving civil traffic matters arising under state law or city code,cases involving orders of protection, injunctions against harassment,and such other civil cases as may be authorized by law; and (D) Not receive additional compensation for performing such duties. § 5-1-6 JUDICIAL ASSISTANTS. (A) In the absence of the presiding magistrate, or in instances where the presiding magistrate has been disqualified by the action of the prosecution,defendant,recusation on the part of the presiding magistrate or other cause, a judicial assistant may hear such criminal action. However,judicial assistants may only perform ministerial or clerical non-discretionary judicial duties on these 3 matters as defined in this chapter under definitions and administrative non judicial duties as assigned by the presiding magistrate. If such judicial assistant has been privy to ex parte communications or has conducted independent factual research about a case while acting as court administrative staff, the judicial assistant shall not perform any magistrate duties in such case. (B) Judicial assistants shall be appointed by the council upon recommendation by the presiding magistrate with a minimum of a two year written contract as a non-career contract employee. (C) Judicial assistants do not have to be active members of the State Bar of Arizona. (D) Judicial assistants shall complete the New Judge Orientation,pass the exam as required by the Administrative Office of the Courts. (E) Under no circumstances may a judicial assistant perform criminal trials, civil injunctions against harassment or orders of protection hearings, but they may serve as a civil hearing officer in other cases. § 5-1-7 POWERS AND DUTIES OF PRESIDING MAGISTRATE. The powers and duties of the presiding magistrate shall include: (A) Those set forth and conferred upon the magistrate under the provisions of the state constitution and statutes, administrative orders of the State Supreme Court or Superior Court, and the ordinances and resolutions of the city; (B) The keeping of a docket in which shall be entered each action and the proceedings of the court therein; (C) Responsibility over fixing and receiving all bonds and bails and receiving all fines, penalties, fees and other monies as provided by law; (D) Payment of all fines, penalties and other monies collected by the court to the city finance director or his or her designee; (E) Monthly report submittal to the council summarizing court activities; (F) Preparation of a schedule of traffic violations listing specific bail for each violation; (G) Supervision of the judicial and internal administrative functions of the municipal court in a professional manner utilizing appropriate management techniques to organize and direct the efficient operation of the court; 4 (H) Department director status as a non-career employee under the Apache Junction Personnel Rules, and shall as any director, manage municipal court employee grievance procedures, termination, evaluation or other personnel related matters; (1) Delegation of duties and responsibilities to and supervision of judicial and non judicial personnel as necessary who directly affect the operation of the court; (J) Establishment and implementation of proper case management techniques and standards; (K) Determination of judicial assignments for each magistrate and within guidelines established by council, establishment and maintenance of standard working hours and times to effectively discharge these assignments; (L) Establishment and implementation of standards and parameters for indigence screening and guidelines for the purpose of appointing defense counsel; (M) Establishment of specific parameters within the bounds of the law and sound management practice, under which a defendant shall be granted the time to pay monetary sentences imposed, and authority to specify the standards for establishment of payment amounts; (N) Exclusive supervisory authority over all court personnel while such personnel are performing work for the court, including, but not limited to, the court administrator, clerical support, courtroom support staff, and bailiffs and security screeners; (0) Exercising of administrative supervision over the court in accordance with the principle of judicial independence under the doctrine of separation of powers as defined in the Arizona State Constitution, Article 111; (P) Exercising similar other administrative authority as necessary to maintain and enhance the ability of the court to do justice for all who come before the court; (Q) Cooperation and coordination with the presiding superior court judge(s) concerning the administration of the municipal court; and (R) Keeping in custody and taking charge of and safely keeping and disposing of, according to court rules, all books, papers and records which may be filed or deposited in custody; destruction of all documents,records, instruments, books, papers, dispositions, exhibits and transcripts in any action or proceeding in the municipal court or otherwise filed or deposited in custody pursuant to rules established by the Supreme Court, and notification to the appropriate state office for records retention. 5 § 5-1-8 PROCEEDINGS OF COURT. (A) The proceedings shall be conducted in accordance with the Arizona State Constitution, applicable state statutes and rules of the State Supreme Court pertaining to municipal courts. The proceedings shall also be conducted in accordance with the Rules of Criminal Procedure for the Superior Court and pertinent Arizona Revised Statutes with regard to the following, including but not limited to: filing complaints, bail, initial appearances, arraignments, taking of pleas, consideration of plea agreements, conducting trials, orders of protection, injunctions against harassment, issuance of subpoenas, summons,warrants and punishment for disobedience so far as applicable and when not otherwise prescribed. (B) The magistrate shall cause to be prepared a schedule of criminal traffic or misdemeanor violations listing specific bail for each violation. (C) The magistrate shall cause to be prepared a schedule of civil traffic violations, listing a specific deposit for each violation. (D) When the defendant pleads guilty or is convicted either by the court or by a jury, the court shall pronounce judgment on the plea or verdict. (E) A sentence of a fine, imprisonment or both, and other things such as probation, community restitution,victim restitution, counseling and screening, anger management, and other appropriate requirements, may be pronounced at the time of sentencing and shall be included in the judgment and sentencing documents. (F) If the court sentences the defendant to pay a fine, and the defendant fails to comply with the order,the court, after a hearing, may order that the defendant receive credit toward payment of the fine for jail time served as determined by state law for each day of imprisonment. (G) The sentence, shall not extend beyond the term of imprisonment for which the defendant might be sentenced for the offense of which the defendant has been found guilty. (H) A sentence and judgment that the defendant pay a fine, with or without the alternative of imprisonment, shall constitute a lien such as which can typically be ordered in a civil action. § 5-1-9 FORMATION AND SUMMONING OF JURIES; JUROR PAY. (A) The formation and summoning of juries and drawing and disposition of names and impaneling of jurors in municipal court shall be done in the same manner as provided for by law in courts of record,or as permitted by A.R.S. § 21-331, and as maybe amended from time to time. (B) Each juror shall be paid by the city for each day in attendance in the municipal court a sum as provided for in state statutes for payment of jurors, as may be amended from time to time. 6 § 5-1-10 COURT PERSONNEL. (A) Unless otherwise noted in this chapter,the authority of the presiding magistrate for making decisions regarding the overall function of the court applies to decisions concerning handling of court mail and records, hiring, supervision, discipline and dismissal of court personnel, provided that decisions regarding hiring, supervision and dismissal of court personnel are consistent with the municipal court personnel policy. Personnel rules adopted by the city for the employment, grievance procedures, termination, sick leave, overtime, vacation time and other items are applicable to employees of the municipal court, unless otherwise stated in a written policy approved by the presiding magistrate. In employing additional personnel, the existing city personnel procedures shall be followed. § 5-1-11 HOME DETENTION AND CONTINUOUS ALCOHOL MONITORING. (A) As authorized by A.R.S. § 9-499.07, if a person is sentenced to jail confinement by the municipal court, the court may substitute home detention or continuous alcohol monitoring, or both, for a portion of the jail term as provided in this section. (B) A person is not eligible for home detention or continuous alcohol monitoring when substituted for jail, if any of the following apply: (1) The person constitutes a risk to himself or other members of the community; (2) The person has a history of violent behavior; (3) The conviction for which the person is being sentenced is a domestic violence offense pursuant to A.R.S. § 13-3601; (4) The conviction for which the person is being sentenced is an act of prostitution or solicitation pursuant to A.R.S. § 13-3214. (C) If the person is sentenced under A.R.S. § 28-1381(K) or A.R.S. § 28-1382(D) or (E), the person must first serve a minimum of 20% of the initial term of incarceration in jail before being placed under home detention or continuous alcohol monitoring and shall pay the incarceration costs; if the person is sentenced under A.R.S. § 28-1381(I),the person shall first serve a minimum of twenty four(24)hours in jail. (D) A person placed under home detention shall be subject to electronic monitoring in the person's home, and shall be required to remain at home during the hours specified by the court. If a person is sentenced under A.R.S. §§ 28-1381 or 28-1382, the person shall be tested at least once daily for the use of alcohol or drugs in a manner approved by the court. 7 (E) if the person attends educational classes or is employed, the court may permit the person to attend classes or leave home for employment during specified hours. The court may permit the person to also attend religious services or funerals, or to seek medical care. (F) The court may require a person under home detention to participate in community restitution work, or impose other reasonable requirements or restrictions the court deems necessary. (G) A person under home detention or continuous alcohol monitoring shall be required to pay the full cost of the electronic monitoring and alcohol or drug testing, plus administrative fees established by the presiding magistrate. The court may assess a lesser amount,based on the ability of the person to pay after income verification is confirmed. (H) The court shall terminate a person's home detention or continuous alcohol monitoring and require the person to complete the remaining term of the jail sentence by jail confinement, if the court finds the person has not successfully completed court-ordered alcohol or drug screening and treatment pursuant to A.R.S. §§ 28-1381 or 28-1382, or the person has improperly left the home during home detention, or failed to comply with the continuous alcohol monitoring program requirements. The court may terminate a person's home detention or continuous alcohol monitoring and require jail confinement for any other violation of the terms of the home detention or continuous alcohol monitoring order. (I) The court may use continuous alcohol monitoring alone or in conjunction with any other sentence requirements as a term of probation. (J) A person who is in a program pursuant to this section shall bear the cost of all testing, monitoring and enrollment in the program, and pay $30 per month while in the program, unless, after determining the inability of the defendant to pay the cost, the court assesses a lesser amount. The court shall use the collected monies to offset operational costs of the program. (K) This program can only be terminated by a majority vote of the city council. (L) All other provisions of A.R.S. § 9-499.07 shall be followed by the court if not already stated above. 8 City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No. 15. File ID: 21-478 Sponsor:Aaron LaSota Agenda Date:9/21/2021 Index: In Control: City Council Meeting Presentation, discussion, public hearing and consideration of proposed Resolution No. 21-41, 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 titled "2021 Amendments to the Apache Junction City Code, Volume I, Chapter 5: Municipal Court". City of Apache Junction,Arizona Page 1 Printed on 911512021 INTEROFFICE MEMO OFFICE OF THE CITY ATTORNEY TO: Honorable Mayor and DATE: September 21, 2021 Members of City Council FROM: R. Joel Stern City Attorney SUBJECT: CHAPTER 5 AMENDMENTS; OUR FILE NO. 21-020 The Apache Junction City Code, Vol. 1, Chapter 5, Municipal Court, is in need of revision to allow Presiding Magistrate Aaron Doug LaSota the ability to recommend for appointment to council a part-time associate magistrate as well as a judicial assistant who will, in the absence of the associate magistrate and presiding magistrate, handle limited criminal matters such as initial appearances, arraignments, plea agreements and uncontested matters, and on occasion will handle civil traffic and other civil matters. Judge LaSota has noted the administrative justification for these positions in a separate memo. The code amendment also eliminates the reference to pro-tem magistrates since they are only authorized under Arizona law to adjudicate superior court and justice of the peace cases. Staff recommends approval of Ordinance 1512 which includes the Chapter 5 amendments to be adopted by reference with Resolution No. 21-41 declaring the amendments a public record. R. Joel Stern City Attorney r9 a C 0 lj�I"#r-A U Municipal Court 8/26/2021 To: Mayor Wilson, Vice-Mayor Rizzi and City Council Members From: Hon. A. Douglas LaSota, Presiding Magistrate Re: Associate Magistrate positions As previously discussed, I would like to hire an Associate Magistrate who is an attorney and would work no more than 19 hours per week on average. I do not believe a full-time position is necessary, as I can handle the volume fine without full-time assistance. Also as discussed, I would like to hire a Judicial Assistant to replace the Management Analyst who left, leaving an open position. I would also like to have Council appoint such person as a non-attorney Associate Magistrate as we discussed in Executive session. I have reviewed Mr. Stern's proposed amendments to the City Code, and worked with him on appropriate language and appropriate limitations on the power of the Judicial Assistant in a role of Associate Magistrate. I believe the limitations expressed by council have been adhered to regarding the person's scope of duties. Therefore, I recommend that the draft changes proposed by Mr. Stern be approved. Thank you for your consideration of this matter. 4. Q41� 4 Z��_te Hon. A. Douglas LaSota Apache Junction Municipal Court 300 E Superstition Blvd., Apache Junction, AZ 85119 (480)982-8250 RESOLUTION NO. 21-41 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 TITLED "2021 AMENDMENTS TO THE APACHE JUNCTION CITY CODE, VOLUME I, CHAPTER 5 : MUNICIPAL COURT" . 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, one paper copy is filed with the city clerk and one electronic copy is accessible on the city' s website, with both being available for public use and inspection; and WHEREAS, pursuant to A.R. S . 9-801 (1) and 9-802, such codes include municipal court operations; 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; and WHEREAS, the documents include a new version of the Apache Junction City Code, Vol . I, Chapter 5, Municipal Court, which were presented to council on September 7, 2021 as a new business discussion item, and on September 21, 2021 at a public hearing. 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 (a copy of which is attached hereto) entitled "2021 Amendments to the Apache Junction City Code, Volume 1, Chapter 5 : Municipal Court, " one electronic copy which is accessible on the city' s website (www.aj city.net) and one paper copy which is filed in the office of the city clerk, is hereby declared to be a public record and, shall be made available for public use and inspection. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS DAY OF 2021 . RESOLUTION NO. 21-41 PAGE 1 OF 2 SIGNED AND ATTESTED TO THIS DAY OF r 2021 . WALTER "CHIP" WILSON Mayor ATTEST: JENNIFER PENA City Clerk APPROVED AS TO FORM: RICHARD J. STERN City Attorney RESOLUTION NO. 21-41 PAGE 2 OF 2 City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No. 16. File ID: 21-471 Sponsor: Heather Hodgman Agenda Date:9/21/2021 Index: In Control: City Council Meeting Presentation, discussion and consideration of entering into an agreement with Interstate Mechanical Corporation to remove two (2)existing heating, ventilation and air conditioning units and install two (2)TRANE heating, ventilation and air conditioning units with controls per engineered specifications located at the Multi-Generational Center in the amount not to exceed $226,640.06. City of Apache Junction,Arizona Page 1 Printed on 911512021 t Public Works Department t. Home of the Superstition Mountains Date: September 8, 2021 To: Mayor and Members of the City Council Through: Bryant Powell, City Manager Mike Wever, Public Works Director From: Heather Hodgman, Administrative Services Manager Subject: PWB #21-28 Multi-Generational Center Heating, Ventilation and Air Conditioning Replacement Units The city will be utilizing the current agreement for heating, ventilation and air conditioning (HVAC) services and repair for its municipal building facilities with Interstate Mechanical Corporation (Imcor) that was approved on October 19, 2020. This is a separate project agreement consisting of the removal of two (2) units from the roof, furnish, and install two (2) TRANE units with controls per engineered specifications at the Multi- Generational Center. There will be a five (5) year parts and labor for both units, a ten (10) year warranty on the compressors, one (1) year parts and labor warranty on the TRANE control devices and a one (1) year warranty on Imcor's workmanship on the installation. Staff respectfully requests entering into an agreement with Interstate Mechanical Corporation for the removal and installation of two (2)TRANE units located at that the Multi-Generational Center in the amount of$226,640.06. 575 E. Baseline Avenue, Apache Junction, AZ 85219 Voice(480) 982-1055 • FAX (480) 983-5752 or (480) 982-8005 JUNCTION AND INTERSTATE MECHANICAL CORPORATION FOR PROJECT PWB# 21-28 CONSTRUCTION AGREEMENT BETWEEN CITY OF APACHE GENERATIONAL CENTER HVAC UNITS THIS T made and entered into by and between the CITY OF JUNCTIONAPACHE ("City„), an Arizona municipal corporation, an INTERSTATE C l L CORPORATION, an Arizona corporation, ("Contractor"), sometimes collectively referred to as the "Parties" or individually as the "Party". RECITALS A. Contractor asserts its willingness, ability and qualifications to provide the services and infrastructure (the 'Work") called for in the City Apache Junction Contract # PW 2020-09 and Contractor's estimate dateSeptember- 7, 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 render such Work. C. City has complied ith the public bidding requirements under Arizona Revised es (" .5:") Title 34, and Apache Junction City Code Vol. 1, Chapter inistration, Article -,, 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 it the terms and conditions set:forth as follows, 1 a PROJECT DESCRIPTION: Contractor shall do and perform or cause to be done and performed in a good workmanlike manner, the ;Work in accordance with andas more fully described in Exhibit A.: 2. PAYMENTS L T 3 The total amount payable by the city to the Contractor is an amount not to exceed Two Hundred Twenty Six Thousand Six Hundred Forty Dollars and Six Cents 22 . ) (the "Contract u for the performance of the Work under the Contract Documents except for changes authorized y property executed change orders. All contracts ill be operable for their full term at the rates quoted in the initial bid proposal, unless otherwise extended in writing by the City. Upon notice that the Work is ready for final inspection or acceptance, a City representative shall promptly cause an inspection to be made. Once City finds the Work acceptable under the Contract Documents, City shall promptly submit for processing a certificate for payment stating that,to the best of its knowledge, information and belief n the basis of its observation and inspection, the Work hasbeen completed in accordance _with e terms and conditions of the Contract Documents and that partial payment or the entire balance due the Contractor is payable. Final payment shall not become e until the Contractor submits to the City all required lien waivers, releases and any other data establishing ay ent or satisfaction of all Contractor's obligations, If any subcontractor refuses to furnish a release or waiver required by City, Contractor may furnish a bondto indemnify' City against any such lien. If any such lien remains unsatisfied after all payments are made, Contractor shall refund to City all monies that the latter may be compelled to pay in discharging such liens,including all costs and reasonable attorney fees. 3. CONTRA9T_TERM: The Term of this Agreement is September 21, 2021, to June 30, 2022. This provision does not limit the liability of Contractor for actual damages sustained by City-as a result of any breach of contract or warranty by Contractor. Extensions may be approved at times as the Parties mutually deem fit. 4. LABOR AND MATERIALS: Unless otherwise provided in the Contract Documents, Contractor shall provide, pay for and insure under the requisite laws and regulations all labor, materials, equipment, tools and machinery, water, heat, utilities, transportation, other facilities and services necessary for the proper execution and completion of the Work, whether temporary or permanent, and whether or not incorporated or to be incorporated in the Work. 5. INSPECTIONS .I `Y OF-WORK: Contractor understands and agrees t inspection of the Work performed hereunder wilt occur by City. Contractor agrees that City ill have the exclusive right to determine, in its sole discretion, whether the Work has been performed in accordance i 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 without requirement of a change order or any additional charge or cost to city whatsoever. 64WARRANTY: Contractor shall guarantee the Work against parts and labor of the entire units for a period of five (5) years, ten (10) years for compressor arran on units and a one (1) year warranty on controls from the ate of its final acceptance under the contract, ordinary ear and tear and unusual abuse or neglect excepted. Any omission on the part of City to condemn defective work or materials at the time of construction shall not be deemed an acceptance and Contractor will be required to correct defective work or materials at any time before final acceptance. Within one (1)year from the date of final acceptance due to faults in workmanship or materials, Contractor ractor shall begin making the necessary repairs to the satisfaction of City within fourteen (14) calendar days of receipt of written notice from City. Such work shall include the repair or replacement of other work or materials damaged or affected by making the above repairs or corrective work all at no additional cost to City. In the case of Work materials or equipment for which warranties are required by the special provisions of the Contract Documents, Contractor shall provide or secure from the appropriate subcontractor or supplier such warranties addressed to and in favor of City and deliver same < o City prior to final acceptance of the Work. Deliveryof such warranties shall not relieve contractor from any obligation assumed under any other provision of the contract. The warranties and guaranteesprovided in this subsection shall be in addition to and not in limitation of any other warrantees, guarantees or remedies required by law, and shall survive the expiration of this Agreement for the time period mentioned above 7. TAXES: Contractor shall pay all license, sales, consumer, transaction privilege, 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 gyre all notices and comply with all laws, ordinances, rules, regulations and lawful orders of any public authority +earlg 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. I, and keep such license current during the term of this Agreement and after termination of this Agreement any time work is performed pursuant to the warranty provisions set forth in Section 6. Contractor also acknowledges that the'tax provision of the Apache Junction Tax Code, Chapter 8A, may also apply and if so, shall obtain a transaction privilege license and/or other licenses as may e 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 e and employees and other persons providing any of the materials under any contract documentt 10. INDEMNIFICATION: To the fullest extent permitted by law, Contractor shall defend, indemnify and hold harmless City, its elected and appointed officers, officials, agents, and employees from and against any and all liability including but not limited to demands, claims, actions, fees, costs and expenses, including 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 a acts, errors, mistakes, omissions, Work or services of Contractor, its agents, employees, or any tier of Contractor's subcontractors in the performance of this Agreement, but only to the extent caused by the negligence, recklessness or intentional wrongful conduct of Contractor or its subcontractors in the performance of this Agreement or any subcontract. Contractor's duty to defend, hold harmless and indemnify City, its special districts, elected and appointed officers, officials, agents, and employees shall arise in connection with any tortious claim, damage, kiss or expense that is attributable to bodily injury, sickness, disease, death, or injury o, impairment, or destruction of property including loss of use resulting therefrom, caused by an Contractor's acts, errors, mistakes, omissions, work or services in the performance of this Agreement including any employee of Contractor, any tier of Contractor's subcontractor or°any other person for whose acts, errors, mistakes, omissions, Work or services Contractor may be legally liable. The amount and type of insurance coverage requirements set forth herein will in no way be construed as limiting the scope of the indemnity in this paragraph 11. SU CO T A eT RS: All subcontractors chosen by Contractor will be subject to Ci 's approval. All subcontractors shall be identified by Contractor prior to award of contract. Contractor shall make no substitutions for any subcontractor, person or entity previously selected without the approval Of City. . APPLICABLE LAW AND VENUE: The terms and conditions of this Agreement shall be governed by and interpreted in accordance with the laws of e State of Arizona. ,Any action at law or in equity brought by either Party for the purpose of enforcing a right or rights provided for in this Agreement, shall be tried in a court of competent jurisdiction in Pinal County, State of rizona. The Parties hereby waive all provisions of law providing for a change of venue in such proceeding to any other county. In the event either Party shall bring suit to enforce any term of this Agreement or to recover any damages'for and on account of the breach of any term or condition in this Agreement, it is mutually agreed that the prevailing Party in such action shall recover all costs including: all litigation and appeal expenses, collection expenses, reasonable attorney fees, necessary witness fees and court costs to be determined by the court in such action. 13. - INSURANCE: Contractor, at its own expense, shall purchase and maintain the herein stipulated minimum insurance with companies duly licensed, possessing a current A.M. Best, Inc. Rating of or approved unlicensed in e State of Arizona with policies and forms satisfactory to City. All insurance rewired herein shall be maintained in full force and effect until all Work or service required to be performed under the terms of the Agreement is satisfactorily completed and formally accepted; failure to do so may, at the sole discretion of City, constitute a material breach of this Agreement. Contractor's insurance shall be primary insurance as 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 5 Contractor of any deficiencies in such policies and endorsements, and such receipt shall not relieve Contractor from, or be deemed a waiver of, i 's right to insist oni strict fulfillment of Contractor's obligations under this Agreement. The insurance policies, exceptWorkers" Compensation and Professional Liability, required by this Agreement 'shall name City, its agents, icers, officials and employees as Additional Insureds. REQUIRED COVERAGE Commercial General Liability Contractor shall maintain Commercial General Liability insurance with a limit of not less than $1,000,000 for each occurrence with a $2,000,000 Products/Completed Operatio s Aggregate and a $2,000,000 General Aggregate limit. The policy shall include coverage for bodily injury, broad for property damage, personal injury, products and completed aerations and blanket contractual coverage including, but not limited" to, the liability ili assumed under the indemnification provisions of this Agreement, which coverage will be at least as broad as that on Insurance service Office, Inc. Policy Form No. CG 00011093,or the equivalent thereof. Such policy shall contain a severability of interest provision, and shall not contain a sunset provision or commutation' clause, nor any provision which would serve to limit third party action over claims. The Commercial General Liability additional insured endorsement shall be a least as broad as the Insurance Service Office, Inc.'Inc.'s Additional Insured, Farm 8, CG 20101185, or the equivalent thereof, and shall include coverage for Contractor's operations and products and completed operations. If required by this Agreement, if Contractor sublets any part of the Work, services or operations, Contractor shall purchase and maintain, at all times during prosecution of the Work, services or operations under this Agreement, as Owner and Contractor's Protective Liability insurance policy for bodily injury and property damage, including death, which may arise in the prosecution"of Contractor's worts, service or operations under this Agreement. Coverage shall be on an occurrence basis with 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. utomobil Lia li Contractor shall maintain Commercial/Business Automobile Liability insurance with a combinedsingle limit for bodily injury and propertya a e of not less than $1,000,000 each occurrence with respect to Contractor"s Contractor" owned, hired, 6 and non owned vehicles assigned to or used in performance of Contractor's work. Coverage will be at least as broad as coverage cede 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, CS 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 or services; and, Employer's Liability insurance of not less than $100,000 for each accident, $100,000 disease for each employee, and $500,000 disease policy limit} By execution of this Agreement, Contractor certifies as follows; "I am aware and understand a provisions of A.R.S. § 2 -9©0 et seq which requires every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of this chapter, and I will comply' with such provisions before commencing the performance of the Work of this Agreement." If Contractor has no employees for whom workers' compensation insurance is required, Contractor shall submit a declaration or affidavit to City so stating and covenanting to obtain such insurance if and when Contractor employs any employees subject to coverage. In case any work is subcontracted, Contractor will require subcontractors to provideWorkers' Compensation andEmployer's Liability insurance to at beast the same extent as required of Contractor. Professional Liability Contractor retained by City to provide the Workor service required by this Agreement will maintain Professional Liability insurance covering acts, errors, mistakes and omissions arising out of the Work or services performed by Contractor; or any person employed by Contractor, with a limit of not less than 1,000,000 each claim. Certificates of Insurance Prior to commencing work or services under this Agreement, ontractor shall furnish City with Certificates of Insurance, or formal endorsements required by the Agreement, issued by Contractor's insurer(s), as evidence that policies providing the required coverages, conditions and limits required by this 7 Agreement are in full force and effect. The form of the certificates c of insurance and endorsements shall 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, AZ, 85119. In the event any insurance policies required by this Agreement are written on a "claims made" basis, coverage shall extend for two (z) years past completion and cc p nee of Contractor's Work or services 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 dams prior to the expiration date. All Certificates of Insurance shall be identified with bid serial number and title. Policies or certificates and completed forms of Ci 's Additional Insured Endorsement (or a substantially equivalent insurance company form acceptable to the City Attorney) evidencing the coverage required by this section shall b 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) calendardays' prior written notice to City, 14. CHANGE ORDERS: A change order is a written order to Contractor, approved by a City representative, issued after execution of this construction agreement authorizing a change in the Work or an adjustment in the construction agreement sum or the construction agreement:time. A change order signed by Contractors indicates hisagreement therewith. City may,without invalidating this construction agreement, order changes in the Work within the general scope of this construction agreement consisting of additions, deletions or other revisions, the construction agreement sum and the construction agreement being adjusted c or+dingly. All such changes in the Work shall be authorized by Change Order and shall be performed cinder the applicable conditions of this construction agreement. City representative `shall have authority to order minor changes in the Work not involving an adjustment in the construction agreement sum or extension of construction agreement time and not inconsistent with a intent of this construction agreement. All such changes shall be effected by written order and shall be binding upon City and Contractor. a 15. SUCCESSORS ASSIGNMENT & DELEGAT1C? City and Contractor each bind themselves, their partners, successors, assigns and legal representatives to the other Party hereto and to the partners, successors, assigns and legal representatives of such other Party in respect to all covenants, agreements and obligations contained in the contract documents. Neither Party to the contract shall assign the contract or sublet it as a whole or delegate the duties hereunder, without the written consent of the other, nor shall Contractor assign any monies due or to become due to it without the previous written consent of City. 6. 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. 17. CLAIMS FOR A A ES; Should either Party to the contract suffer injury or damage to personal property because of any act or omission of the other Party or of their employees or agents for whose acts they are legally liable, claims shall be made in writing to such other Parties within a reasonable time after the first observance of such injury or damages. 18. SAFE Contractor and/or its subcontractors shall be solely responsible for job safety at all times. 19. RIG ITS & REMEDIES: The duties and obligations imposed by the Contract Documents and the rights and remedies available hereunder skull be i 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 o or an acquiescence to any breaches hereunder except as may be specifically agreed to in writing. 20. FORCE JE E. 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 delays) due to causes beyond its control and without its fault or negligence or failure to comply with applicable laws, including, but not restricted to, acts of God, fires, floods, 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-terrorismr ec terrorism), nuclear radiation, blockade, insurrection, riot, labor strike or interruption, extortion, sabotage, or similar occurrence or any exercise of the power of eminent o ain of any governmental 9 body on behalf of any public entity, or a declaration of moratorium or similar hiatus (whether permanent or temporary) by any public entity directly affecting the obligations under this Agreement. In no event will Enforced Delay include any delay a ul in from unavailability for any reason of labor shortages,, or the unavailability for any reason of particular Contractors, subcontractors, vendors or investors desired by Contractor in connection with the obligations under this Agreement. Contractor agrees that Contractor alone will bear all risks of delay which are not Enforced Delay. In the event of the occurrence of any such Enforced Delay, the time or times for performance of the obligations of the Party claiming delay shall be extended for a period of the EnforcedDelay; Provided, however, that the Party seeking e benefit of the provisions of this Section shall, within thirty (30) calendar days after such Party knows or should know of any such Enforced Delay, first notify the other Party of the specific delay in writing and claim the right to an extension for the period of the Enforced la } and provided further that in no event shall a period of Enforced Delay exceed ninety (90) calendar days. 21. TERMINATION BY Cl A. TERMINATION BY CITY: City shall be permitted to terminate this Agreement if in the discretion of the city manager or his or her designee, believes Contractor has failed to meet the terms of.this Agreement. City shall provide Notice of Termination to Contractor by Certified U.S. Mail ten (10) calendar days before such termination takes effect. B. TERMINATION PYPONTRACTOR: Contractor may terminate this Agreement if City fails to make payment as arced upon in this document. Any other termination will be deemed a breach of contract by Contractor. Contractor shall provide Notice of Termination to City by Certified U.S. Mail ten (10) calendar days before such termination takes effect. 22. RECORDS: Records of Contractor's labor, payroll and other costs pertaining to this Agreement shall be kept on a generally recognized accounting basis and made available to City for inspection on request. Contractor shall maintain records for a period of at least two (2) years after termination of this Agreement, and shall make such records available during that retention period for examination or audit by City personnel during regular business hours. 23. AMENDMENT: It is mutually understood and agreed that no alteration or variation of the terms and conditions of this Agreement shall be valid unless made in writing and signed by the Parties hereto, and that oral understandings or agreements nts not incorporated herein shall not be binding on the parties. The representatives of the Parties (signatory for Contractor noted belowor his or her designee, and the City Manager, or his or her designee) shall be authorized to execute future amendments or extensions of this Agreement. 10 24. ENTIRE G E E . This Agreement and any attachments represent the entire agreement_ between City and Contractor and supersede-all prior negotiations, representations or agreements, either express or implied, written or oral. It is mutually understood and agreed that no alteration or variation of the terms and conditions of this Agreement shall be valid unless made in writing and signed by the Parties hereto. Written and signed amendments shall automatically become part of the supporting ocu en , and shall supersede any inconsistent provision therein; provides., however, that any apparent inconsistency shall be resolved, if possible, by construing the provisions as mutually complementary and supplementary. 25. SEVE ILI s City and Contractor each believe that the execution, delivery and performance of this Agreement are In compliance with all applicable laws. However, in the unlikely event that any -provision of this Agreement is declared void or unenforceable (or is construed as requiring City to do any act in violation of any applicable laws, including any constitutional provision, law, regulation, or city code), such provision shall be deemed severed from this Agreement and this Agreement shall otherwise a ain in full farce and effect; provided that this Agreement shall retroactively be deemed reformed to the extent reasonably possible in such a manner so that the reformed agreement (and any related agreements effective as of the same date) provide essentially the same rights and benefits (economic and otherwise) to the Parties as if such severance and reformation were not required. Unless prohibited by applicable laws, the Parties further shall perform all acts and execute, acknowledge an for deliver all amendments, instruments and consents necessary to accomplish and to give effect to the purposes of this Agreement, as reformed. 26. TIME IS OF THE ESSENCE: Time is of the essence with respect to all provisions in this Agreement. Any delay in performance by either Party shall constitute a material breach of this Agreement. 27. Cc FLICT OF INTEREST: The provisions ofA.R.S. § 36-511 relating to cancellation of contracts due to conflicts of interest shall apply to this contract. 28. ) ITI T C CT IT C T CTS WHO ENGAGE.,.1�. ,.. Q �. f,.; E T_ATE OF IS tel : The Parties arcknowledge .S. 35-393 through 35-393.03, as amended, which forbids public +entities from contracting with Contractors who engage in boycotts of the State of Israel. Should Contractor under this Agreement engage in any such boycott against the State of Israel, this Agreement shall be deemed automatically terminated by operation of law. Any such boycott is a material breach of contract, 29. CQMPLIANCE WITH FEDERAL AND 8 S. Contractor understands and ackn Ied+g th-eapplicability 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 thisAgreement._ s required by A.R.S. 01, Contractor hereby warrants_ its compliance with all federal immigration laws and regulations that relate to its employees and A.R.S. § 23-214(A). Contractor further warrants that after hiring an employee, Contractor will verify the employment eligibility of the employee through the E- Verify program. if Contractor uses any subcontractors in performance of services, subcontractors shall warrant their compliance with all federal immigration laws and regulations that relate to its employees and A.R.S. § 23- 214(A), and subcontractors shall further warrant that after hiring an employee, such subcontractor verifies the employment eligibility of the employee through the E-Verifyprogram. A breach of this warranty shall be deemed a material reach of the Agreement that is subject to penalties= to and including termination of this Agreement. Contractor is subject to a penalty of 1 der per day for the first violation, 500 per day for the second violation, and 1,00 per day for the third violation. City at its option may terminate this Agreement after the third violation. Contractor shall not be deemed in material breach of this Agreement if the Contractor and/or subcontractors establish compliance with he employment verification provisions of Sections 274A and 274B of the federal Immigration and Nationality Act and the E-Verifyrequirements contained in A.R.S. § 23-214{ }. 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. IN WITNESS WHEREOF the Parties hereto have caused this Agreement to be signed by their duly authorized representative as of this day of 2 �, 202 1. CONTRACTOR: INTERSTATE MECHANICAL CORPORATION, an Arizona corporation y: StorkSmith Its: CFO 1 CI CITY OF APACHE JUNCTION, ARIZONA, an Arizona municipal corporation y: Walter"C '* il rn Its: IVIa�. . µ.. , . ATTEST: Jennifer City Clerk APPROVED AS TO FORM: ichar J. tern City Attorney 1 1 QUOTATION ggysy yjAp bAtd��o-,�l'K1 vYt Bid No. 11077 Fu 6012-27 I 't Rev—4.0 2533 2 256-5916 September 7, 2021 City of Apache Junction 1035 N Idaho Rd A.J, AZ 85119 480 7 7- 37 E-mail: Iwitt �. ATTN: Mr. harry Dewitt, Building Manager RE: Remove and Replace(2)TRANE RTU I NO OVERTIME We are pleased to offer our price to complete the following scope of work, for your review and consideration: Scope of or l: Lock out and tag out units and make safe 2: Disconnect all utilities and duct work from existing units Remove existing"Bird Netting"and install new after installation of new units/contingent subcontractor meet I COR insurance requirements 4. Removal ofexisting units from roof and all other debris Furnish and install(2)TR NE Units with Controls per engineered specifications o Packaged Roof Top Units,Cooling 1 Heating o Model YCH330 4L 6B2DC I o Plasma Air Bar PB60 o Stand Alone Trane Concierge&Network Controller o ;SAS Wireless Network Infrastructure i VA V I AI-IU Control via Mounted Controls o Submittals provided to customer for sign off b, Reconnect all utilities per engineered drawings Ivt .l and 62.1 T Balance units and diffusers per drawing M2.1 ll Start up and training on units -year parts/labor whole unit I0-year compressor warranty. 10. One-year pails and labor warranty on TRANE control devices 1841 East YftshvVm2-2257-1319 211 Fax -271 74 C L-9 P4073196 L46 P=73196L-7 H E-64 6-1 ?U 1 C-20 C-36 Page 2 of 3 Remove and Replace(2)TRANE RTUf NO OVERTIME IMCOR Interstate Mechanical Corporation September 7, 2021 11. One year warranty IMCOR can workmanship on install (2)TRANE Units- 12 ,995.34 Subcontractor TRANS Controls Equipment and installation-26,995.34 T ANE Extended Warranty on Units-5,640,00 Subcontractor WA V Electrical-7, 71.34 Subcontractor AZ Air Balancing-5,69 .34 Subcontractor Sure Lift Crane,trailer,and storage—7,595.34 Subcontractor Pigeon Netting-2,395.34 Equipment(Scissor lifts etc....) - 2,4 0.00 Materials 5,995.34 Labor—23,769.6 Tax 9,2 .tlf? FOR A TOTAL PRICE$ 226,L640.06 EXCLUSIONS: 1 Permits, bonds, and fees. 2. Unforeseen conditions, 3 Premium labor(overtime, nights, and weekends 4. Material Escalation 6; Liquidated Damages. 6: Engineering. 7; No additional electrical for other sub-contractors outside of E2.1 1 s1 ht Sts su Z 2 7-t 1 211 Fax -271- 7# . UWWW AC o a kmu t,35ROM73195 t-OR=73196L-37 R L-44 T[ C~M SWt C-4 C-20 C-M Page 3 of 3 Remove and Replace(2)TRANE RTU I NO OVERTIME IMCOR—Interstate Mechanical Corporation, September 7, 2021 8. Pre-existing code violations 9. Concrete cut, core, patch and pour 10. Insulation. 11. Damaged sidewalk or landscape 12, Fire Alarm wiring /connections/smoke detectors 13. all patch or paint Please note that our price includes the required applicable taxes. IMCOR specifically reserves the right to mutually negotiate all terms and conditions of the contract agreement upon award,whether or not those terms are part of the bid package quoted herein. This bid proposal is valid for 30 days. Unless otherwise noted above, IMCOR's standard warranty period is one year from substantial completion. Acceptance of proposal The above prices and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified, Payment will be due net 30 days from invoice date. Customer Name__,," Customer Signature...... ......... We look forward to teaming up with your firm on this project. If you have any questions or need any other clarifications with respect to this proposal, please do not hesitate to contact us. Sincerely, ................. Stacie A. Myers Commercial Services—Project Manager IMCOR—Interstate Mechanical Corporation SAM Bid 11077 1841&W W&1hhVW StraW , Phooix,AZ 05034 8W-WS-0211 F= SM-VI-0674 wwW,0)00r-W-=n k2aft L-n AMM95 L44 AMII196 L 37 ROM4435 L44 WW436 "I RDMW?34 Cbmom4 5WI C-4 C-20 C-36 City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No. 17. File ID: 21-458 Sponsor:Jennifer Pena Agenda Date:9/21/2021 Index: In Control: City Council Meeting Executive Session at 6:00 P.M. for Monday, October 4th and Executive Session at 6:00 P.M.for Tuesday, October 5th in the city council conference room located at 300 E. Superstition Boulevard in Apache Junction,Arizona and other meetings scheduled if necessary. City of Apache Junction,Arizona Page 1 Printed on 911512021