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HomeMy WebLinkAbout2021 08.17 City Council Regular AgendaCity Council Meeting City of Apache Junction, Arizona Agenda Meeting location: City Council Chambers at City Hall 300 E. Superstition Blvd Apache Junction, AZ 85119 apachejunctionaz.gov Ph: (480) 982-8002 City Council Chambers7:00 PMTuesday, August 17, 2021 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. 1.21-409 Consideration of acceptance of agenda. 2.21-410 Consideration of approval of minutes of the regular meeting of August 3rd, 2021. 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. 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. 3.21-411 Brief summary of intergovernmental updates from mayor and councilmembers. 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. Page 1 City of Apache Junction, Arizona Printed on 8/18/2021 1 August 17, 2021City Council Meeting Agenda 4.21-412 City Manager's Report. 5.21-413 Announcement of current events. 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. 6.21-385 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 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. 7.21-386 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. Page 2 City of Apache Junction, Arizona Printed on 8/18/2021 2 August 17, 2021City Council Meeting Agenda 8.21-387 Presentation, discussion, public hearing and consideration of proposed Ordinance No. 1509, 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 amending Article 1-5: Zoning Bulk and Use Regulations, § 1-5-2: Residential Bulk Regulations, Table 5-2: Footnotes 7, 8, 9, and 10; by repealing and replacing Article 1-6: Supplemental Regulations, § 1-6-5: Accessory Structures; by repealing Article 1-6: Supplemental Regulations, § 1-6-8: Cargo Containers in its entirety; by repealing, Article 1-17: Definitions relative to the term “Cargo Container” and replacing it with “Overseas Shipping Container;” by adopting by reference that certain document filed with the City Clerk and entitled “August 2021 Amendments to the Apache Junction City Code, Volume II, Zoning Ordinance, Article 1-5: Zoning Bulk and Regulations, § 1-5-2: Residential Bulk Regulations, Table 5-2: Footnotes 7, 8, 9, and 10; Article 1-6: Supplement Regulations, § 1-6-5: Accessory Structures; 1-6-8: Cargo Containers, Article 1-17: Definitions”; repealing any conflicting provisions; providing for severability; and providing for penalties. 9.21-388 Presentation, discussion, public hearing and consideration of proposed Resolution No. 21-31, 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, Zoning Ordinance, Article 1-5: Zoning Bulk and Use Regulations, § 1-5-2: Residential Bulk Regulations, Table 5-2: Footnotes 7, 8, 9, and 10; Article 1-6: Supplemental Regulations, § 1-6-5: Accessory Structures: Definitions”; repealing any conflicting provisions; providing for severability and establishing an effective date. 10.21-389 Presentation, discussion, public hearing and consideration of proposed Ordinance No. 1510, an ordinance of the Mayor and City Council of the City of Apache Junction, Arizona, amending Apache Junction City Code, Volume 1, Chapter 9: Health and Sanitation, by repealing Article 9-1: Property Maintenance Standards § 9-1-5 Cargo Containers in its entirety; repealing any conflicting provisions; and providing for severability. I.OLD BUSINESS The council shall consider any business that has been previously considered and which is still unfinished to include those items previously postponed or tabled. No member of the public shall be permitted to speak on these items unless invited to do so by the mayor after first submitting a written request-to-speak form with the city clerk. J.NEW BUSINESS The council shall consider any business not yet considered. No member of the public shall be permitted to speak on these items unless invited to do so by the mayor after first submitting a written request-to-speak form with the city clerk. Page 3 City of Apache Junction, Arizona Printed on 8/18/2021 3 August 17, 2021City Council Meeting Agenda 11.21-380 Presentation and discussion on recommended updates to the Apache Junction City Code, Volume I, Chapter 4 Fees, Article 4-1: Parks and Recreation Fees Schedule. 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 12.21-414 Executive Session at 6:00 P.M. for Tuesday, September 7th in the city council conference room located at 300 E. Superstition Boulevard in Apache Junction, Arizona and other meetings scheduled if necessary. M.CALL TO PUBLIC At this time the public has the privilege to address the council with requests, communications, comments or suggestions relating to city business. All speakers must have already submitted a written “Request to Speak” form to the city clerk no later than the conclusion of the city manager’s report portion of the agenda. If there is a group speaking on the same item, they should select a spokesperson. All such remarks shall be addressed to the council as a whole and not to any member thereof. The mayor is authorized to ask a speaker to stop speaking and leave the podium or to adjourn the meeting if anyone becomes disorderly, uncivil, makes personal attacks or continues to speak about items that are not within the jurisdiction of the city after being warned such issues are beyond the jurisdiction of the city to act. The council may not answer questions of the speaker, discuss the matter with one another, but may, at the conclusion: 1) respond to criticism by a speaker; 2) ask the city manager to review a matter; 3) ask the city manager to place the matter on a future agenda. Each speaker must approach the podium, speak into the microphone, provide their name and address. There is a three (3) minute time limit per speaker. N.ADJOURNMENT Copies of this agenda and additional information on any of the items listed above may be obtained from the City Clerk's office located at 300 E Superstition Blvd, Apache Junction, AZ 85119, Monday through Thursday from 7:00a-6:00p, excluding holidays. The City of Apache Junction invites and welcomes people of all abilities to use our programs, sites and facilities. Specific requests may be made by contacting the Human Resources Office at (480) 474-2617 or TDD (480) 983-0095. The Apache Junction City Council may vote to go into Executive Session for legal advice on any item listed on this agenda pursuant to A.R.S. § 38-431.03(A)(3); this notice is given pursuant to A.R.S. § 38-431.02 to the members of the City Council and the public. Page 4 City of Apache Junction, Arizona Printed on 8/18/2021 4 Agenda Item Cover Sheet City of Apache Junction, Arizona 300 E Superstition Boulevard Apache Junction, AZ 85119 File ID: 21-409 Agenda Item No. 1. Agenda Date: 8/17/2021 Sponsor: Jennifer Pena In Control: City Council MeetingIndex: Consideration of acceptance of agenda. Page 1 City of Apache Junction, Arizona Printed on 8/18/2021 5 Agenda Item Cover Sheet City of Apache Junction, Arizona 300 E Superstition Boulevard Apache Junction, AZ 85119 File ID: 21-410 Agenda Item No. 2. Agenda Date: 8/17/2021 Sponsor: Jennifer Pena In Control: City Council MeetingIndex: Consideration of approval of minutes of the regular meeting of August 3rd, 2021. Page 1 City of Apache Junction, Arizona Printed on 8/18/2021 6 Meeting location: City Council Chambers at City Hall 300 E. Superstition Blvd Apache Junction, AZ 85119 apachejunctionaz.gov Ph: (480) 982-8002 City of Apache Junction, Arizona Meeting Minutes City Council Meeting 7:00 PM City Council Chambers CALL TO ORDERA. Mayor Wilson called the city council meeting to order at 7:01 P.M. INVOCATION AND PLEDGE OF ALLEGIANCEB. Vice Mayor Rizzi gave the invocation and then councilmember Biggs led the Pledge of Allegiance. ROLL CALLC. Mayor Wilson Vice Mayor Rizzi Councilmember Evans Councilmember Schroeder Councilmember Biggs Councilmember Nesser Councilmember Gremmel Present:7 - City Staff in Attendance: Bryant Powell, City Manager Matt Busby, Assistant City Manager Joel Stern, City Attorney Jennifer Pena, City Clerk Al Bravo, Public Information Officer Thomas Kelly, Chief of Police CONSENT AGENDAD. Vice Mayor Rizzi moved, seconded by Councilmember Nesser to accept the consent agenda 1.21-373 Consideration of acceptance of agenda. 2.21-374 Consideration of approval of minutes of the regular meeting of July 20th, 2021. 3.21-365 Consideration of the procurement of replacement fleet vehicles and accessories budgeted for the current fiscal year utilizing the cooperative contract with the State of Arizona Contract No. ADSP017-16617, the cooperative contract with Sourcewell Contract No. 012418-CMW, the Sourcewell Contract #032119-JDC, and the cooperative contract with Houston Galveston Area Council Contract No. HT06-20 for a total purchase price of $1,120,450. Page 1City of Apache Junction, Arizona 7 August 3, 2021City Council Meeting Meeting Minutes AWARDS, PRESENTATIONS AND PROCLAMATIONSE. 4.21-348 Presentation of proclamation designating August as Child Support Awareness Month. Mayor Wilson proclaimed the month of August as Child Support Awareness Month and presented the proclamation to Chief Kelly. REGIONAL INTERGOVERNMENTAL UPDATESF. 5.21-375 Brief summary of intergovernmental updates from mayor and councilmembers. Councilmember Schroeder stated he attended the Central Arizona of Governments (CAG) commission meeting on July 28th and highlighted the following items which were approved. - Approval of the Audit Firm Selection - Approval of the Financial Report - Approval of the FY22 - FY23 ADOT Two-Year Work Program - Approval of the FY2021 - FY2031 Transportation Improvement Program - Approval of the CAG FY 2022 Budget - Approval and adoption of Resolution No. 2021-02 establishing the City of Globe’s Designated Management Agency Boundary - Approval and adoption of Resolution No. 2021-03 establishing the Town of Miami’s Designated Management Agency Boundary - Approval and adoption of Resolution No. 2021-04 establishing Tri-City Sanitary District’s Designated Management Agency Boundary He stated part of CAG is the Pinal Regional Transportation Authority (PRTA). He provided an update on their recent activities. - The PRTA has an escrow account with $64 million. - They are working on a financial process on how to distribute the funds. - The Governor signed off on allocating $4 million for the North/South Corridor. This corridor is a 55 miles stretch between U.S. 60 just east of Apache Junction going south to I-10. Councilmember Evans shared that the AJ CDC secured funding for the Make A Difference Day T-Shirts. She announced some of the projects they were working on and volunteers are always welcome. Councilmember Biggs announced the Pinal Partnership meeting will be August 20th where they will be discussing water. Vice Mayor Rizzi attended a MAG meeting which ended up being a very short meeting. Mayor Wilson stated the Phoenix-Mesa Gateway Airport is completing the build of the new tower and was able to set the middle section onto the tower and has one section left to add to the top. CITY MANAGER'S REPORTG. 6.21-376 City Manager's Report. City Manager Powell added some clarification and the distinction between CAG and PRTA. Page 2City of Apache Junction, Arizona 8 August 3, 2021City Council Meeting Meeting Minutes He stated CAG represents both Pinal and Gila county with an elected official from each municipality on the board; while PRTA only represents Pinal County. That is due to the tax that was approved approximately five years ago for Pinal transportation issues. He announced applications to serve on the city's boards and commissions were being accepted through the city website. The deadline to apply is September 15. To apply, visit the city website at www.apachejunctionaz.gov/boards and under the vacancies tab you will find an APPLY button. Republic Services continues to hire and adjust their routes to facilitate garbage pick up. He asked for the residents to have patience. He invited Chief Kelly to share about the new program the Police department would be rolling out. Chief Kelly announced the new program of using drones for safety and reducing road closures due to traffic accidents. A brief video was provided to demonstrate the value of using drones in search and rescue operations, traffic accident reconstruction and other valuable uses of the drone. Officer Joel Eagleton provided in depth details about the drone and the program. In response to questions from Council he stated the communications department will be conducting community outreach regarding the program through community and civic events. 7.21-377 Announcement of current events. Public Information Officer Al Bravo presented the following current events: Youth Advisory Council The Apache Junction Youth Advisory Council is looking for candidates. The Youth Council provides the city's teens with a voice in community issues and develops leadership skills. Members must be going into high school and either reside in or attend school in Apache Junction. Next meeting is on Monday, August 9th, at 5:30 p.m. Contact JJ Underwood at Parks or go to the city website, apachejunctionaz.gov/YAC. EARTH HEART PARK & COMMUNITY GARDEN The community garden effort at Earth Heart Park is underway. You can volunteer on Thursday evenings and Saturday mornings at the park, on Superstition Boulevard, outside Horizon Health and Wellness. For more information contact Lavier Kurtz at Info@lavgar.com <mailto:Info@lavgar.com>. Country Idol Did you hear about the crowd at Taradiddles on Sunday night? They have kicked off Country Junction Idol. Competition continues through August with the finale in September. You must be 18 and there are cash prizes. Information at (480) 877-8527. First Friday - The next First Friday is this week at 5:30 p.m. in the East Valley Shopping Center at Phelps and Apache Trail. There will be music, a car show and more. Page 3City of Apache Junction, Arizona 9 August 3, 2021City Council Meeting Meeting Minutes AJHS Reunion - Apache Junction High School will be holding an all-class reunion on the third weekend of October with events on Friday and Saturday, Oct. 15 and 16. Watch for more information. Horizon Health and Wellness - Horizon Health and Wellness is conducting another Mental Health First Aid training class in August. Contact Cheri DeBree at Horizon for more information or to register. The class is on August 10. Centennial Celebration - The Centennial Celebration committee meets on the 2nd and 4th Wednesdays of each month at 6:00 p.m. at the library. The committee is still seeking help. Eagle Scout - Acknowledged Eagle Scout Lloyd Stenglein, Jr. for his project with the Apache Junction Public Library. One of his projects included developing a seed library at the library. It launches in September. Watch for more information. PUBLIC HEARINGSH. OLD BUSINESSI. NEW BUSINESSJ. COUNCIL DIRECTION TO STAFFK. SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSESL. 8.21-378 Executive Session at 6:00 P.M. for Monday, August 16th and Executive Session at 6:00 P.M. for Tuesday, August 17th in the city council conference room located at 300 E. Superstition Boulevard in Apache Junction, Arizona and other meetings scheduled if necessary. Councilmember Evans moved, seconded by Vice Mayor Rizzi that an Executive Session at 6:00 P.M. for Monday, August 16th and Tuesday, August 17th , 2021 be held in the city council conference room located at 300 E. Superstition Boulevard in Apache Junction, AZ, and other meetings be scheduled if necessary. CALL TO PUBLICM. Jim Palmer 240 E. 13th Ave. Apache Junction expressed dissatisfaction with Republic Services. He felt the company was not equipped, staff or equipment to provide services to the city. Quentin Heiner, 2002 S. Apache Dr. Apache Junction requested council look into the residential setbacks because he would like to add some sort of shade structure or carport to put his car under. Without some sort of shade available, and the advanced technology in cars, the inside of a car is extremely hot. Vice Mayor Rizzi stated the entire country has a shortage of employees and so many help wanted signs are posted. She asked the residents to be patient as the nation recovers from the COVID-19 closures. Page 4City of Apache Junction, Arizona 10 August 3, 2021City Council Meeting Meeting Minutes ADJOURNMENTN. Mayor Wilson adjourned the meeting at 7:44 P.M. ACCEPTED THIS 17th DAY OF AUGUST , 2021, BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA. SIGNED AND ATTESTED TO THIS ______ DAY OF AUGUST , 2021. _________________________ 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. I further certify that the meeting was duly called and held and that a quorum was present. Dated this day of , 2021. Page 5City of Apache Junction, Arizona 11 Agenda Item Cover Sheet City of Apache Junction, Arizona 300 E Superstition Boulevard Apache Junction, AZ 85119 File ID: 21-411 Agenda Item No. 3. Agenda Date: 8/17/2021 Sponsor: Chip Wilson In Control: City Council MeetingIndex: Brief summary of intergovernmental updates from mayor and councilmembers. Page 1 City of Apache Junction, Arizona Printed on 8/18/2021 12 Agenda Item Cover Sheet City of Apache Junction, Arizona 300 E Superstition Boulevard Apache Junction, AZ 85119 File ID: 21-412 Agenda Item No. 4. Agenda Date: 8/17/2021 Sponsor: Bryant Powell In Control: City Council MeetingIndex: City Manager's Report. Page 1 City of Apache Junction, Arizona Printed on 8/18/2021 13 Agenda Item Cover Sheet City of Apache Junction, Arizona 300 E Superstition Boulevard Apache Junction, AZ 85119 File ID: 21-413 Agenda Item No. 5. Agenda Date: 8/17/2021 Sponsor: Al Bravo In Control: City Council MeetingIndex: Announcement of current events. Page 1 City of Apache Junction, Arizona Printed on 8/18/2021 14 Agenda Item Cover Sheet City of Apache Junction, Arizona 300 E Superstition Boulevard Apache Junction, AZ 85119 File ID: 21-385 Agenda Item No. 6. Agenda Date: 8/17/2021 Sponsor: Nicholas Leftwich In Control: City Council MeetingIndex: 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 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. Page 1 City of Apache Junction, Arizona Printed on 8/18/2021 15 “Non-Residential Use and Bulk Regulations Text Amendments” Case AM-1-21 August 17, 2021 City Council Staff Report City of Apache Junction Development Services Department APACHE JUNCTION CITY COUNCIL STAFF REPORT Date: August 17, 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: August 17, 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 The Planning and Zoning Commission met for a public hearing for Text Amendment Case AM-1-21 on July 21, 2021. The Planning and Zoning Commission unanimously recommended approval of the text amendment in a vote of 7-0. On August 2, 2021, City Council held a worksession 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. Additional revisions of the proposed amendments were requested by the City Council and are reflected in 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 Use Regulations, § 1-5-3 Non-Residential Use Regulations and § 1-5-4 Non-Residential Bulk Regulations.” August 2, 2021 City Council Public Hearing: http://apachejunction.granicus.com/player/clip/1967?view_id=2&re direct=true 16 “Non-Residential Use and Bulk Regulations Text Amendments” Case AM-1-21 August 17, 2021 City Council Staff Report 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 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. 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 17 RESOLUTION NO. 21-30 PAGE 1 OF 2 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 website(www.apachejunctionaz.gov), is hereby declared to be a public record, and shall be made available for public use and inspection. 18 RESOLUTION NO. 21-30 PAGE 2 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 19 [08-17-21] Page 1 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 A) 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 TYPE1 B-1 Gen. B-2 Old West B-3 City Cen. B-44 Bus Park/ Light Ind. B-54 Ind. PI Pub/Inst. Vehicle Services and Rentals Motor Vehicle Dealer YES YES NO NO NO NO General Automotive Repair YES YES NO YES NO NO RV Sales/Service/Repair NO NO NO CUP CUP NO Boat, ATV & Motorcycle Sales/Service YES YES NO YES NO NO Semi-Truck Service/Repair NO NO NO CUP CUP NO Semi-Truck Stop NO NO NO CUP CUP NO Body Shops NO NO NO YES YES NO Car Washes YES YES NO NO NO NO Vehicle Rental and Leasing CUP CUP NO YES YES NO Truck, Trailer and Moving Vehicle Rentals CUP CUP NO YES YES Machinery and Equip. Rental (Indoor) YES YES NO YES YES NO Machinery and Equipment Rental (Indoor/ Outdoor) CUP CUP NO YES YES NO Retail Sales and Services General Retail (Personal Goods, Household Goods, Consumer Electronics, Specialty Goods, etc.) YES YES YES NO NO NO Automotive Parts and Accessory Sales YES YES NO CUP CUP NO Manufactured/Mobile Home Sales NO NO NO CUP CUP NO 20 [08-17-21] Page 2 USE CATEGORY SPECIFIC USE TYPE1 B-1 Gen. B-2 Old West B-3 City Cen. B-44 Bus Park/ Light Ind. B-54 Ind. PI Pub/Inst. Retail Sales and Services Appliances & Parts Sales and Repair Stores YES YES NO YES YES NO Hardware Store YES YES YES NO NO NO Building Materials and Supplies Sales (Indoors and/or Outdoors) CUP CUP NO CUP YES NO Lawn and Garden Equipment/Supply Sales YES YES NO YES YES NO Feed and Fertilizer Sales CUP CUP NO CUP YES NO Nursery/Greenhouses with On-Site Sales CUP CUP NO YES YES NO Grocery Stores YES YES YES NO NO NO Gasoline Stations and Convenience Stores YES YES YES NO NO NO Liquor Stores YES YES NO NO NO NO Alcohol Sales- Accessory Use YES YES YES NO NO NO Shopping Centers YES YES CUP NO NO NO Big-Box Stores and Warehouse Clubs YES YES NO NO NO NO Thrift Store/ Used Merchandise Sales YES YES NO NO NO NO Antique Stores YES YES NO NO NO NO Pet and Pet Supply Sales YES YES YES6 YES NO NO Pet Care/ Veterinary Clinic YES YES YES6 YES NO NO Kennels /Pet Day Care YES YES NO YES NO NO Tobacco and Related Product Sales YES YES CUP NO NO NO Electronic Shopping and Mail-Order Sales YES YES NO NO NO NO Stand-alone Bottled Gas and Biofuel Dealers CUP CUP NO6 CUP CUP NO Bakery Sales (small- scale, not factory or distribution warehousing) YES YES YES NO NO NO Bakery Sales (large scale including distribution or warehousing) NO NO NO YES YES NO 21 [08-17-21] Page 3 USE CATEGORY SPECIFIC USE TYPE1 B-1 Gen. B-2 Old West B-3 City Cen. B-44 Bus Park/ Light Ind. B-54 Ind. PI Pub/Inst. Retail Sales and Services Medical Marijuana Facilities & Dual Licensees CUP CUP NO CUP CUP NO Marijuana Establishments NO NO NO NO NO NO Marijuana Cultivation and Infusion Facilities NO NO NO NO NO NO Marijuana Cultivation NO NO NO NO NO NO Marijuana Testing Facilities NO NO NO NO NO NO 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 and Kiosks AUP AUP AUP AUP NO AUP Printing Shop YES YES NO YES NO NO Cleaning and Janitorial Services YES YES NO YES NO NO Landscaping and Exterminating Services NO NO NO YES YES NO Business Equipment Maintenance and Repair YES YES NO YES YES NO Personal and Household Goods Repair (Electronics, Furniture, etc.) YES YES NO YES YES NO Dry Cleaning Services YES YES YES NO NO NO Laundromat YES YES NO NO NO NO Linen and Uniform Retail YES YES NO NO NO NO Linen, Carpet, and Uniform Supply & Cleaning NO NO NO YES YES NO Personal Care Services (e.g. Hair, Nails and Skin Care) YES YES YES NO NO NO Tattoo Services YES YES YES NO NO NO Death Care Services/ Funeral Homes CUP CUP NO CUP NO NO Crematories NO NO NO CUP CUP NO 22 [08-17-21] Page 4 USE CATEGORY SPECIFIC USE TYPE1 B-1 Gen. B-2 Old West B-3 City Cen. B-44 Bus Park/ Light Ind. B-54 Ind. PI Pub/Inst. Retail Sales and Services Taxidermist NO NO NO YES YES NO Commercial Parking Lots and Garages CUP CUP CUP CUP CUP CUP Fraternal Organizations (Clubs and Lodges) YES YES YES NO NO NO Banks and Credit Unions YES YES YES NO NO NO Securities/Commodities Office/Sales/Exchanges YES YES YES NO NO YES Check Cashing Store CUP CUP NO NO NO NO Adult Oriented Uses NO NO NO NO CUP NO Office General Offices YES YES YES6 YES7 YES7 NO Call Center YES YES NO NO NO NO Educational Services Elementary, Middle, and High Schools & Colleges/Universities YES YES YES YES YES YES Trade Schools YES YES CUP YES YES YES Administrative Services YES YES CUP YES YES YES Health Care and Social Assistance Physicians, Dental and Health Practitioners YES YES YES6 NO NO YES Outpatient & Ambulatory Care Centers YES YES YES6 NO NO NO Medical and Diagnostic Labs YES YES YES6 NO NO NO Home Health Care Services YES YES YES6 NO NO NO Blood and Organ Banks YES YES NO YES NO NO General Medical and Surgical Hospitals YES YES NO NO NO YES Psychiatric & Substance Abuse Facilities YES YES NO NO NO NO Nursing and Residential Care Facilities YES YES NO NO NO NO Individual and Family Care Services YES YES NO NO NO NO Homeless Shelter YES YES NO NO NO NO Community Food and Relief Services YES YES NO YES NO NO 23 [08-17-21] Page 5 USE CATEGORY SPECIFIC USE TYPE1 B-1 Gen. B-2 Old West B-3 City Cen. B-44 Bus Park/ Light Ind. B-54 Ind. PI Pub/Inst. Child & Adult Day Care Services YES YES YES6 YES NO YES Vocational Rehab Services YES YES NO YES NO NO Arts, Entertainment, Recreation, and Open Space Movie Theaters YES YES YES NO NO NO Performing Arts Facilities YES YES YES NO NO YES Spectator Sports Facilities CUP CUP CUP NO NO CUP Museums and Historical Sites YES YES YES NO NO YES Zoos, Nature Parks and Botanical Gardens CUP CUP NO NO NO CUP 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 Facilities (Outdoor) (Private Sports Complexes, Golf Courses, etc.) CUP CUP NO CUP NO CUP Private Recreational Facilities (Indoor) (Gyms, Martial Arts Studios, Yoga Studios, Paintball Courses, etc.) YES YES YES YES NO CUP Event Centers & Venues CUP CUP CUP CUP NO NO Public Recreational Facilities AUP AUP AUP AUP AUP AUP Public Outdoor Music Festivals/Events AUP AUP AUP AUP AUP AUP Private Outdoor Music Festivals/Events CUP CUP CUP CUP NO CUP Commercial Equestrian Boarding, Rentals, Arenas and Academies CUP CUP NO CUP CUP CUP Cemeteries/ Mausoleum CUP CUP NO NO NO CUP Food and Drinking Establishments Restaurants & Delicatessen YES YES YES NO NO CUP Caterers YES YES NO6 YES NO NO Confectionary and Ice Cream Sales YES YES YES NO NO NO 24 [08-17-21] Page 6 USE CATEGORY SPECIFIC USE TYPE1 B-1 Gen. B-2 Old West B-3 City Cen. B-44 Bus Park/ Light Ind. B-54 Ind. PI Pub/Inst. Bars, Breweries, Brew Pubs and Tasting Rooms YES YES YES NO NO NO Restaurants/Bars/Clubs (With Amplified Outdoor Music) CUP CUP CUP NO NO NO Public Administration Government Offices and Courts YES YES YES YES YES YES Public Services (Libraries, Parks, Public Safety Buildings) YES YES YES YES YES YES Detention/Correctional Facilities or Institutions NO NO NO CUP CUP CUP Mining, Quarrying, Gas and Oil Oil and Gas Extraction CUP CUP NO CUP CUP CUP Mining NO NO NO CUP CUP CUP Quarrying NO NO NO CUP CUP CUP Utilities Electric Power Generation3 CUP CUP CUP CUP CUP CUP Water and Sewerage Systems/Facilities CUP CUP CUP CUP CUP YES Telecommunication Facilities (Antennas or Towers) CUP CUP CUP CUP CUP YES Telecommunication Facilities (Antennas or Towers) on land owned, leased, or otherwise controlled by the City YES YES YES YES YES YES Other Utilities See § 1-6-21 Alternative Energy Generation Facilities See § 1-6-16 Manufacturing Light Manufacturing (Located within an enclosed building and only generates moderate and manageable traffic, noise, vibration, odor, glare and/or light impacts) NO NO NO YES YES NO Heavy Manufacturing (Indoor and/or Outdoor: Assembly, manufacturing, processing, repair and/or storage, and that may generate traffic, noise, vibration, odor, NO NO NO NO CUP NO 25 [08-17-21] Page 7 glare, and/or light impacts that need to be conditionally managed) Ancillary Manufacturing2 YES2 YES2 YES2 N/A N/A YES USE CATEGORY SPECIFIC USE TYPE1 B-1 Gen. B-2 Old West B-3 City Cen. B-44 Bus Park/ Light Ind. B-54 Ind. PI Pub/Inst. Construction Contractors office, shop and/or storage (indoors) YES YES NO YES YES NO Contractors office, shop and/or storage (indoors and/or outdoors) CUP CUP NO CUP YES NO Craftsman and Artisan (Indoors) YES YES YES YES YES NO Craftsman and Artisan (Indoors or outdoors) CUP CUP NO CUP YES CUP Transportation and Warehousing Truck Transportation Terminal NO NO NO CUP CUP NO Bus Transportation Terminal NO NO NO CUP CUP CUP Air Transportation Terminal NO NO NO YES YES YES Taxi and Limousine Service NO NO NO YES YES YES Towing Truck Parking and Storage NO NO NO CUP YES NO Scenic and Sightseeing Terminal/Parking CUP CUP NO CUP CUP CUP Postal, Courier and Delivery Service CUP CUP NO CUP YES CUP General Warehouse and Storage (Indoor) NO NO NO YES YES NO 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 Information Motion Pictures and Sound Recording Indus. CUP CUP CUP YES YES NO Broadcasting and Recording YES YES YES YES YES NO Data Center/ Data Processing Facilities NO NO NO CUP CUP NO Waste Management And Remediation Transfer Station/ Material Recovery Center NO NO NO NO CUP CUP Solid Waste Disposal Sites NO NO NO NO CUP CUP 26 [08-17-21] Page 8 USE CATEGORY SPECIFIC USE TYPE1 B-1 Gen. B-2 Old West B-3 City Cen. B-44 Bus Park/ Light Ind. B-54 Ind. PI Pub/Inst. Recycling Facilities NO NO NO NO CUP CUP Waste Tire Collection and/or Storage NO NO NO NO CUP NO Agriculture Crop Production NO NO NO YES YES NO Feed Lots NO NO NO NO NO NO Greenhouse and Nursery CUP CUP NO YES YES NO Beef, Dairy, Sheep, Goat and Hog Production NO NO NO NO CUP NO Poultry and Egg Production NO NO NO CUP CUP NO Aquaculture NO NO NO CUP CUP NO Residential Uses8 Single-Family Detached Residential NO NO NO NO NO NO Multi-Family Residential (Including Apartments, Condominiums or Townhouses) CUP CUP CUP (13 DU/ AC Min.) NO NO CUP 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 Accommodation and Lodging Hotels, Motels and Resorts YES YES YES NO NO NO Bed and Breakfast Inns YES YES NO NO NO NO RV Campgrounds CUP CUP NO NO NO NO Boarding House NO NO NO NO NO NO Religious Institutions/ Places of Worship Institution (seating capacity of up to 1,500 persons) YES YES YES YES YES YES Large Institution (seating capacity greater than 1,500 persons) CUP CUP CUP CUP CUP CUP “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). 27 [08-17-21] Page 9 “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. Noted uses shall only be permitted in the B-3 district as incidental uses and not as primary uses operated as stand-alone facilities 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. 28 [08-17-21] Page 10 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 TYPE4 B-1 General B-2 Old West B-3 City Cen. B-4 Bus. Park B-5 Industrial PI Public/Inst. Minimum Lot Area1 7,000 sf. 5,000 sf. 7,000 sf. 15,000 sf. 15,000 sf. 15,000 sf. Minimum Lot Width2 50 ft. 50 ft. 50 ft. 75 ft. 75 ft. 75 ft. Maximum Residential Density3 22 units/ac 22 units/ac 40 units/ac Not Applicable Not Applicable 22 units/ac Minimum Lot Area per Dwelling Unit 1,980 sf. 1,980 sf. 1,089 sf. Not Applicable Not Applicable 1,980 sf. Minimum Front Setback (main structure) 20 ft. 0 ft. 0 ft. 20 ft. 20 ft. 20 ft. Minimum Front Setback (accessory structure) 20 ft. 20 ft. 20 ft. 20 ft. 20 ft. 20 ft. Minimum Interior Side Setback (accessory structure) 10 ft. 5 ft. 5 ft. 10 ft. 10 ft. 10 ft. Minimum Street Side Setback (all structures) 10 ft. 0 ft. 0 ft. 10 ft. 10 ft. 10 ft. Minimum Rear Setback (all structures) 10 ft. 5 ft. 5 ft. 10 ft. 10 ft. 10 ft. Minimum. Front Setback (Parking) 10 ft. 10 ft. 10 ft. 10 ft. 10 ft. 10 ft. Maximum Size for Accessory Structure No limit No limit No limit No limit No limit No limit Maximum Height for Main Structure 35 ft. 35 ft. 60 ft. 35 ft. 35 ft. 35 ft. Maximum Height for Accessory Structures 20 ft. 20 ft. 20 ft. 35 ft. 35 ft. 35 ft. 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. 2 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 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. 29 [08-17-21] Page 11 4 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. 30 31 32 33 Agenda Item Cover Sheet City of Apache Junction, Arizona 300 E Superstition Boulevard Apache Junction, AZ 85119 File ID: 21-386 Agenda Item No. 7. Agenda Date: 8/17/2021 Sponsor: Nicholas Leftwich In Control: City Council MeetingIndex: 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. Page 1 City of Apache Junction, Arizona Printed on 8/18/2021 34 “Non-Residential Use and Bulk Regulations Text Amendments” Case AM-1-21 August 17, 2021 City Council Staff Report City of Apache Junction Development Services Department APACHE JUNCTION CITY COUNCIL STAFF REPORT Date: August 17, 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: August 17, 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 The Planning and Zoning Commission met for a public hearing for Text Amendment Case AM-1-21 on July 21, 2021. The Planning and Zoning Commission unanimously recommended approval of the text amendment in a vote of 7-0. On August 2, 2021, City Council held a worksession 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. Additional revisions of the proposed amendments were requested by the City Council and are reflected in 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 Use Regulations, § 1-5-3 Non-Residential Use Regulations and § 1-5-4 Non-Residential Bulk Regulations.” August 2, 2021 City Council Public Hearing: http://apachejunction.granicus.com/player/clip/1967?view_id=2&re direct=true 35 “Non-Residential Use and Bulk Regulations Text Amendments” Case AM-1-21 August 17, 2021 City Council Staff Report 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 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. 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 36 ORDINANCE NO. 1508 PAGE 1 OF 3 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. 37 ORDINANCE NO. 1508 PAGE 2 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.apachejunctionaz.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 ___ _______, 2021. 38 ORDINANCE NO. 1508 PAGE 3 OF 3 SIGNED AND ATTESTED TO THIS ____ DAY OF ____________, 2021. __________________ _ WALTER “CHIP” WILSON Mayor ATTEST: ___________________ JENNIFER PENA City Clerk APPROVED AS TO FORM: ___________________ RICHARD J. STERN City Attorney 39 40 41 42 Agenda Item Cover Sheet City of Apache Junction, Arizona 300 E Superstition Boulevard Apache Junction, AZ 85119 File ID: 21-387 Agenda Item No. 8. Agenda Date: 8/17/2021 Sponsor: Larry Kirch In Control: City Council MeetingIndex: Presentation, discussion, public hearing and consideration of proposed Ordinance No. 1509, 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 amending Article 1-5: Zoning Bulk and Use Regulations, § 1-5-2: Residential Bulk Regulations, Table 5-2: Footnotes 7, 8, 9, and 10; by repealing and replacing Article 1-6: Supplemental Regulations, § 1-6-5: Accessory Structures; by repealing Article 1-6: Supplemental Regulations, § 1-6-8: Cargo Containers in its entirety; by repealing, Article 1-17: Definitions relative to the term “Cargo Container” and replacing it with “Overseas Shipping Container;” by adopting by reference that certain document filed with the City Clerk and entitled “August 2021 Amendments to the Apache Junction City Code, Volume II, Zoning Ordinance, Article 1-5: Zoning Bulk and Regulations, § 1-5-2: Residential Bulk Regulations, Table 5-2: Footnotes 7, 8, 9, and 10; Article 1-6: Supplement Regulations, § 1-6-5: Accessory Structures; 1-6-8: Cargo Containers, Article 1-17: Definitions”; repealing any conflicting provisions; providing for severability; and providing for penalties. Page 1 City of Apache Junction, Arizona Printed on 8/18/2021 43 ORDINANCE NO. 1509 1 OF 3 ORDINANCE NO. 1509 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 AMENDING ARTICLE 1-5: ZONING BULK AND USE REGULATIONS, SECTION 1-5-2: RESIDENTIAL BULK REGULATIONS, TABLE 5-2: FOOTNOTES 7, 8, 9, and 10; BY REPEALING AND REPLACING ARTICLE 1-6: SUPPLEMENTAL REGULATIONS, SECTION 1-6-5: ACCESSORY STRUCTURES; BY REPEALING ARTICLE 1-6: SUPPLEMENTAL REGULATIONS, SECTION 1-6-8: CARGO CONTAINERS IN ITS ENTIRETY; BY REPEALING, ARTICLE 1-17: DEFINITIONS RELATIVE TO THE TERM “CARGO CONTAINER” AND REPLACING IT WITH “OVERSEAS SHIPPING CONTAINER;” BY ADOPTING BY REFERENCE THAT CERTAIN DOCUMENT FILED WITH THE CITY CLERK AND ENTITLED “AUGUST 2021 AMENDMENTS TO THE APACHE JUNCTION CITY CODE, VOLUME II, ZONING ORDINANCE, ARTICLE 1-5: ZONING BULK AND USE REGULATIONS, SECTION 1-5-2: RESIDENTIAL BULK REGULATIONS, TABLE 5-2: FOOTNOTES 7, 8, 9, and 10; ARTICLE 1-6: SUPPLEMENTAL REGULATIONS, SECTION 1-6-5: ACCESSORY STRUCTURES; 1-6-8: CARGO CONTAINERS, ARTICLE 1-17: DEFINITIONS”; REPEALING ANY CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR PENALTIES. WHEREAS, Apache Junction City Code (“A.J.C.C.”), Volume II, Land Development Code, Chapter 1: Zoning Ordinance, Article 1-6: Supplemental Regulations, was most recently amended by Ordinance No. 1402 on May 6, 2014 as part of a comprehensive set of amendments to the zoning ordinance; and WHEREAS, the mayor and city council now desire to amend portions of the city zoning code pertaining to accessory structures and regulate overseas shipping containers under the zoning code as accessory structures; and WHEREAS, by handling cargo containers as accessory structures, code changes are required for several sections of the zoning ordinance including the accessory structures, cargo containers, bulk regulations and definitions; and WHEREAS, a council work session on August 2, 2021 and a public hearing on August 17, 2021 were held to discuss the proposed amendments; and WHEREAS, A.R.S. § 9-802 permits municipalities to enact the provisions of a code of public record theretofore in existence without setting forth such provisions in full text as long as the adopting ordinance is published in full text and at least one paper copy of the code changes or public record are filed in the 44 ORDINANCE NO. 1509 2 OF 3 office of the clerk of the municipality and an electronic copy thereof 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 zoning codes; and WHEREAS, city staff has determined that for administrative efficiency and cost savings on required code publications, it is more appropriate to update the city code by adopting the text by reference. 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, be amended as follows: Article 1-5: Zoning Bulk and Use Regulations, Section 1-5-2: Residential Bulk Regulations, Table 5-2: Footnotes 7, 8, 9, and 10 be amended; by repealing and replacing Article 1-6: Supplemental Regulations, Section 1- 6-5: Accessory structures; by repealing Article 1-6: Supplemental Regulations, Section 1-6-8: Cargo Containers in its entirety; by repealing, Article 1-17: Definitions relative to the term “Cargo Container” and replacing it with “Overseas Shipping Container” as referenced in the document in paragraph 2 below. 2. That certain document known as, “August 2021 Amendments to the Apache Junction City Code, Volume II, Land Development Code, Chapter 1: Zoning Ordinance, Article 1-5, Section 1-5- 2: Residential Bulk Regulations, Table 5-2: Footnotes 7, 8, 9, and 10; Article 1-6: Supplemental Regulations, Section 1- 6-5: Accessory structures, Section 1-6-8: Cargo containers; and Article 1-17: Definitions”, one paper copy filed in the office of the city clerk and one electronic copy accessible on the city’s website both of which were made a public record by Resolution No. 21-31, 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. 45 ORDINANCE NO. 1509 3 OF 3 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. SECTION V ESTABLISHING AN EFFECTIVE DATE The provisions of this ordinance shall be effective beginning January 2, 2022. APPROVED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION THIS ____ DAY OF __________, 2021. SIGNED AND ATTESTED TO THIS ____ DAY OF ____________, 2021. ____________________________ WALTER “CHIP” WILSON Mayor ATTEST: ___________________ JENNIFER PENA City Clerk APPROVED AS TO FORM: ____________________ RICHARD J. STERN City Attorney 46 Agenda Item Cover Sheet City of Apache Junction, Arizona 300 E Superstition Boulevard Apache Junction, AZ 85119 File ID: 21-388 Agenda Item No. 9. Agenda Date: 8/17/2021 Sponsor: Larry Kirch In Control: City Council MeetingIndex: Presentation, discussion, public hearing and consideration of proposed Resolution No. 21-31, 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, Zoning Ordinance, Article 1-5: Zoning Bulk and Use Regulations, § 1-5-2: Residential Bulk Regulations, Table 5-2: Footnotes 7, 8, 9, and 10; Article 1-6: Supplemental Regulations, § 1-6-5: Accessory Structures: Definitions”; repealing any conflicting provisions; providing for severability and establishing an effective date. Page 1 City of Apache Junction, Arizona Printed on 8/18/2021 47 1 “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, SECTION 1-5-2: RESIDENTIAL BULK REGULATIONS, TABLE 5-2: FOOTNOTES 7, 8, 9, AND 10; ARTICLE 1-6: SUPPLEMENTAL REGULATIONS, SECTION 1-6-5: ACCESSORY STRUCTURES, SECTION 1-6-8: CARGO CONTAINERS; AND ARTICLE 1-17: DEFINITIONS”, ONE ELECTRONIC COPY WHICH IS ACCESSIBLE ON THE CITY’S WEBSITE (WWW.AJCITY.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. The following amendments are made to the Apache Junction City Code, Volume II, Land Development Regulations, Chapter 1: Zoning Ordinance: (A) § 1-5-2 RESIDENTIAL BULK REGULATIONS. Table 5-2. Footnotes 7, 8, 9, and 10 in Table 5-2, Residential Bulk Regulations shall be amended as follows: 7. Maximum size for accessory structures in the RS-GR district. There is no size limit on accessory structures in the RS-GR district. Maximum size for accessory structures in the RS-54 and RS-54M district. The maximum accessory structure size is 2,000 square feet, but may be increased to 5,000 square feet provided that any structure greater than 2,000 square feet meets the main building setbacks.. Maximum size for accessory structures in all residential districts not zoned RS-GR and RS-54 and RS-54M. The total aggregate square footage of all accessory structures shall not exceed 50 percent of the main structure’s roof area or shall not cover more than the lot coverage percent specified for the zoning district, whichever is less. 8. Maximum height for accessory structures in the RS-54 and RS-54M district. The maximum accessory structure height is 20 feet for RS-54 and RS-54M zoned properties. 9.Setbacks for metal sided accessory structures in RS-54 and RS-54M district. Accessory structures with metal siding located within the RS-54 and RS-54M zoning districts shall meet the main building setbacks. 10.Accessory structures < 120 square feet. Accessory structures less than 120 square feet in size shall not be located between the main structure (home) and the front property line, and shall have a minimum side and rear setback of 3 feet. Accessory structures shall meet all setback requirements and shall not be located within any front yard setback, public right-of-way, alley or off-street parking areas, utility/drainage/roadway easements (inclusive of private or federally patented easements) or in any required landscape setback area. 48 2 (B) § 1-6-5 ACCESSORY STRUCTURES A. General Standards for Accessory Structures in All Zoning Districts. 1. Accessory Structures. An accessory structure is any non-habitable (no bathing facilities or stove/oven) structure that is greater than 120 square feet in size, and detached from the principal structure and includes overseas shipping containers, as defined herein. Dimensional standards for accessory structures are set forth in Article 1-5 of this code, Tables 5-2 and 5-4 [see Vol. II, §§ 1-5-2 and 1-5-4]. 2. Permit Required. Permits are required for any accessory structure over 120 square feet in size, with the exception of shade structures that do not exceed 200 square feet in area and 10 feet in height. 3. Shade Structures. An unenclosed (open air with no sides) shade structure, not exceeding 200 square feet in area and not exceeding 10 feet in height to the midpoint of the roof, is permitted in all residential zoning districts. Any such shade structure constructed pursuant to this section shall not require a building permit, but shall be subject to all other provisions of the Apache Junction City Code, Vol. I, Chapter 7: Buildings, Article 7-1: Apache Junction Division of Building Safety and Inspection Administrative Code, § 7-1-6 (B). 4. Anchoring. All accessory structures and shade structures shall be anchored in accordance with Apache Junction City Code, Vol. I, Chapter 7: Buildings. 5. Setbacks. Accessory structures shall meet all setback requirements and shall not be located within any front yard setback, public right-of-way, alley or off- street parking areas, utility/drainage/roadway easements (inclusive of private or federally patented easements) or in any required landscape setback area. Setbacks for accessory structures can be found in Article 1-5 of this code Table 5-2: Residential Bulk Regulations and Table 5-4: Non- Residential Bulk Regulations [see Vol. II, §§ 1-5-2 and 1-5-4]. 6. Minimum Distance Requirements. a. All accessory structures, including shade structures, shall be located a minimum of 6 feet from all existing main structures and proposed accessory structures, regardless of size, unless the Building Official determines that the construction method used would allow for closer spacing. b. All structures shall be located a minimum of 10 feet from a septic tank. c. Accessory structures shall be located 15 feet from any non-FEMA wash. 49 3 7. Total Lot Coverage and Maximum Size of Accessory Structures. There is no size limit on accessory structures in the RS-GR district. In the RS-54 and RS- 54M district, the maximum accessory structure size is 2,000 square feet, but may be increased to 5,000 square feet provided that any structure greater than 2,000 square feet meets the main building setbacks. In all residential districts not zoned RS-GR and RS-54 and RS-54M, the total aggregate square footage of all accessory structures shall not exceed 50 percent of the main structure’s roof area or shall not cover more than the lot coverage percent specified for the zoning district, whichever is less. For all residential zoning districts, accessory structures shall not cover more than the lot coverage percent specified for the zoning district. 8. Utility Connections. Accessory structures may be served with utilities, such as electrical and plumbing for water, with the appropriate permits. No sanitary plumbing fixtures for bathing or cooking shall be permitted in any accessory structure. 9. Emergency Use. In conjunction with required permits for home repairs, the emergency use of overseas shipping containers shall be permitted on all lots as a result of damaged caused by flood, fire, wind, or termites. The container may remain onsite for no more than 60 calendar days, with the ability to apply for a 30-calendar day extension. 10. Temporary Moving Containers. Temporary moving containers (e.g., PODS) shall be allowed in all zoning districts. Containers may remain on the property for no more than 60 calendar days, and do not require a permit. 11. Prohibited Structures. Non-painted galvanized metal siding and corrugated fiberglass siding shall be prohibited. An accessory structure of plastic, corrugated metal or fiberglass having a semicircular cross section that curves down to form walls or attached to walls or is open air below four (4) feet above the ground surface shall be prohibited (e.g. Quonset huts). 12. Conflict with Other Regulations. If there is a conflict between the standards of this section and any other requirement of this Ordinance, the standards of the section shall control. B. Design and Exterior Finish Requirements. 1. Color. Accessory structures in all zoning districts, including overseas shipping containers, shall be uniformly painted or sided with an earth tone color or compliment the color/style of the main structure. The roof shall not have a shiny finish and shall also be painted or finished with an earth tone or white color. It shall be free from surface rust and any advertising signage including, but not limited to, corporate names or trademarks on overseas 50 4 shipping containers. Earth tone shall be defined as a color scheme that draws from a color palette of browns, tans and greens natural to the Sonoran Desert environment. The colors in an earth tone scheme are muted and flat in an emulation of the natural colors found in dirt, moss, trees or rocks. 2. Supplemental Building Materials. Residential zoning districts, except RS-GR, RS-54, RS-54M, MHP and RVP zoned properties, shall have 100 percent of each exterior wall of a metal building (with the exception of overseas shipping containers) covered with a supplemental building material including, but not limited to, wood, masonry, stucco or brick. Building materials must complement the architectural design and color of the primary residence. The Zoning Administrator shall determine whether the accessory structure's proposed design and exterior façade is compatible and consistent with the main structure. 3. Business and public-institutional zoned property (i.e., B-1, B-2, B-3, B-4, B-5 and PI Districts): For accessory structures other than temporary overseas shipping containers, the design of accessory buildings is subject to the applicable commercial design standards identified in Apache Junction City Code, Vol. II, Land Development Code, Chapter 1: Zoning Ordinance, Article 1- 13: Design Standards §§ 1-13-3(A) and (B). C. Residentially Zoned Properties. 1. Use. A detached accessory structure, located in a residential zoning district, shall not be used for any business activity other than allowed as part of an approved home-based occupation or for a commercial agriculture use. a. Other than an approve Home Occupation approved under Apache Junction City Code, Vol. II, Land Development Code, Chapter 1: Zoning Ordinance, Article 1-6: Home Occupation, Section 1-6-6, no commercial business activity shall take place within or adjacent to an accessory structure. b. Prohibited commercial business activities include, but are not limited to, vehicle or RV repair, trucking, salvage or scrapping, renting of space for RV and boat storage, or commercial storage of any kind. 2. Location. Accessory structures shall be located to the rear or side of the primary residence, except for garages, which may encroach past the front façade of the home. Garages are subject to all setback requirements. Carports are not permitted to encroach past the front façade of the home. 3. Maximum Size. a. RS-GR: No Limit. 51 5 b. RS-54 and RS-54M: 2,000 square feet, but may be increased to 5,000 square feet provided that any structure greater than 2,000 square feet meets the main building setbacks.. 4. Accessory Structures Constructed Prior to Main Building. An accessory structure, less than or equal to 360 square feet may be placed upon a lot for up to eight (8) months and prior to the construction of the main home for the purpose of storing tools, building materials or household goods, provided that a building permit is applied for and issued for the main home at the same time as the temporary use permit is issued for the temporary accessory structure, and provided that no accessory structure shall be used for dwelling purposes, including sleeping, living, or cooking activities. See AJCC, Vol. II, Land Development Code Article 1-5: Zoning Bulk and Land Use § 1-5-1 Residential Use Regulations, Table 5-1 for temporary living quarters regulations during construction. 5. Legally Existing Accessory Structures. Legally existing accessory structures may be permitted to remain without the establishment of a main building at the time of subdivision/land split/zoning approval subject to the following: a. The accessory structure is locked and made safe with all openings being boarded up prior to the establishment of the main use. b. The accessory structure is not used for storage or any other purpose prior to the securing of a permit for the establishment of the main use. c. The accessory structure is in compliance with city building and zoning codes, including setback and design requirements. d. The accessory structure is not being used for dwelling purposes, including sleeping, living, or cooking activities. 6. Overseas Shipping Containers. i. Number Allowed. No more than one overseas shipping container shall be allowed on any residential property with the exception of one additional emergency use container. ii. Size Limit. 1. RS-GR, RS-54 and RS-54M zoned properties may have one container not exceeding 320 square feet in size. 2. All other residential zoning districts, except MHP and RVP zoned properties, may have one container not exceeding 160 square feet in size. iii. Screening Requirements. If the bottom (6) feet of a permanent container is visible to adjacent properties or a public right-of-way or easement, the property owner shall install xeriscape landscape 52 6 screening to buffer that visible view, with a minimal initial planting height of 4 feet and a minimum plant spacing distance of 2 feet. D. Business and Public-Institutional Zoned Properties (i.e., B-1, B-2, B-3, B-4, B-5 and PI). 1. Use. Accessory structures shall only be used for storage of materials for the primary business, or for the temporary storage of equipment and materials during general construction at the business or institutional building location provided such activity is authorized by a valid permit issued to a duly licensed and bonded contractor who has obtained a city business and privilege tax license. If used for temporary storage during general construction, the accessory structure shall be removed within 30 calendar days from the date of issuance of the certificate of occupancy. The accessory structure(s) shall not be connected to utilities. 2. Location. Accessory structures may be permitted in all business, industrial and public/institutional zoning districts, with a legally established commercial, industrial or public/institutional use on the property, and must be located to the rear or side of the principal building in a manner that minimizes public view from neighboring properties and/or the public street as determined by the Director or his or her designee. 3. Minimum Lot Size. None. 4. Maximum Number and Size. One overseas shipping container, less than or equal to 320 square feet in size per property. A maximum of ten (10) temporary overseas shipping containers may be permitted for seasonal use, not to exceed 120 days. 5. Accessory Structures Constructed Prior to the Main Building. Accessory structures shall not be constructed or established on a commercial lot until construction of the principal building is completed or the primary use is established. 6. Overseas Shipping Containers. If a permanent container is visible to adjacent properties from side or rear yards, a public right-of-way or easement, a minimum 8 foot high structural masonry screen wall that is compatible with the design and architecture of the principal building is required and shall be designed and constructed in accordance with Chapter 7 of the Apache Junction City Code. a. This requirement shall not apply to accessory structures that are of masonry construction. In lieu of an 8-foot-high structural screen wall, the owner may install and maintain landscaping that will, within five (5) years 53 7 of planting, effectively screen 100% of the accessory structure from public view. (C) § 1-6-8 CARGO CONTAINERS, is repealed in its entirety. (D) ARTICLE 1-17: Definitions The definition for “Cargo Container” shall be deleted and replaced with the definition for “Overseas Shipping Container.” OVERSEAS SHIPPING CONTAINER (also known as CARGO POD, CARGO CONTAINER, SHIPPING CONTAINER, MOBILE-MINI, STORAGE CONTAINER). An accessory structure which is portable, reusable and prefabricated vessel no larger than 9 feet tall, 8 feet wide, and 40 feet long, without an axle or wheels, which was: 1) originally designed for or used in the packing, shipping, movement or transportation of freight, articles, goods, or commodities; and/or 2) designed for or capable of being mounted or moved on a rail car or being mounted on a chassis or bogie for movement by truck trailer or loaded on a ship. This definition does not include, and therefore does not allow, a semi- truck trailer in any form (intact, dissected, with or without wheels), railroad car (with or without wheels), mobile or manufactured home, park model, recreational vehicle, or bus, to be used as an accessory structure. 54 RESOLUTION NO. 21-31 PAGE 1 OF 2 RESOLUTION NO. 21-31 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, ZONING ORDINANCE, ARTICLE 1-5: ZONING BULK AND USE REGULATIONS, SECTION 1-5-2: RESIDENTIAL BULK REGULATIONS, TABLE 5-2: FOOTNOTES 7, 8, 9, and 10; ARTICLE 1-6: SUPPLEMENTAL REGULATIONS, SECTION 1-6-5: ACCESSORY STRUCTURES; 1-6-8: CARGO CONTAINERS, AND ARTICLE 1-17: DEFINITIONS” REPEALING ANY CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY AND ESTABLISHING AN EFFECTIVE DATE. 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 therefore available for public use and inspection; and WHEREAS, pursuant to A.R.S. §§ 9-801(1) and 9-802, such codes include land development regulations include the zoning code; and WHEREAS, a work session on August 2, 2019 and a public hearing on August 17, 2021 were held to discuss the proposed amendments; and WHEREAS, city staff has identified such provisions herein, and it is the intent of the city to declare such documents and compilations as public records, on file in the office of the city clerk. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA AS FOLLOWS: SECTION I IN GENERAL 1. That certain document entitled, “August 2021 Amendments to the Apache Junction City Code, Volume II, Land Development 55 RESOLUTION NO. 21-31 PAGE 2 OF 2 Code, Chapter 1: Zoning Ordinance, Article 1-5: Zoning Bulk and Use Regulations, Section 1-5-2: Residential Bulk Regulations, TABLE 5-2: Footnotes 7, 8, 9, and 10; Article 1-6: Supplemental Regulations, Section 1-6-5: Accessory Structures, Section 1-6-8: Cargo Containers; and Article 1- 17: Definitions”, one electronic copy which is accessible on the city’s website (www.ajcity.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. 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. SECTION IV ESTABLISHING AN EFFECTIVE DATE The provisions of this ordinance shall be effective beginning January 2, 2022. 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: 56 RESOLUTION NO. 21-31 PAGE 3 OF 2 ____________________________ JENNIFER PENA City Clerk APPROVED AS TO FORM: ____________________________ RICHARD J. STERN City Attorney 57 58 Agenda Item Cover Sheet City of Apache Junction, Arizona 300 E Superstition Boulevard Apache Junction, AZ 85119 File ID: 21-389 Agenda Item No. 10. Agenda Date: 8/17/2021 Sponsor: Larry Kirch In Control: City Council MeetingIndex: Presentation, discussion, public hearing and consideration of proposed Ordinance No. 1510, an ordinance of the Mayor and City Council of the City of Apache Junction, Arizona, amending Apache Junction City Code, Volume 1, Chapter 9: Health and Sanitation, by repealing Article 9-1: Property Maintenance Standards § 9-1-5 Cargo Containers in its entirety; repealing any conflicting provisions; and providing for severability. Page 1 City of Apache Junction, Arizona Printed on 8/18/2021 59 ORDINANCE NO. 1510 1 OF 2 ORDINANCE NO. 1510 AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AMENDING APACHE JUNCTION CITY CODE, VOLUME I, CHAPTER 9: HEALTH AND SANITATION, BY REPEALING ARTICLE 9-1: PROPERTY MAINTENANCE STANDARDS SECTION 9-1-5 CARGO CONTAINERS IN ITS ENTIRETY; REPEALING ANY CONFLICTING PROVISIONS; AND PROVIDING FOR SEVERABILITY. WHEREAS, Apache Junction City Code (“A.J.C.C.”), Volume I, Chapter 9: Health and Sanitation, Article 9-1: Property Maintenance Standards, Section 9-1-5 Cargo Containers was first created by Ordinance No. 1302 on February 19, 2008 and was last amended by Ordinance No. 1365 on September 7, 2010; and WHEREAS, the mayor and city council desire to amend portions of the city zoning code pertaining to accessory structures which treat cargo containers as accessory structures and which therefor renders the duplicative cargo container provisions in Volume I, Chapter 9, unnecessary; and WHEREAS, a council work session was held on August 2, 2021 and a public hearing on August 17, 2021, was held to discuss the proposed amendment to the zoning code as noted above and the repeal of Section 9-1-5 Cargo Containers. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AS FOLLOWS: SECTION I IN GENERAL 1. That Apache Junction City Code, Volume I, Chapter 9: Health and Sanitation, Article 9-1: Property Maintenance Standards, Section 9-1-5 Cargo Containers, be repealed in its entirety. 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 is for any reason held to be invalid or unconstitutional by the decision of any court of competent 60 ORDINANCE NO. 1510 2 OF 2 jurisdiction, such decision shall not affect the validity of the remaining portions thereof. APPROVED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION THIS ____ DAY OF __________, 2021. SIGNED AND ATTESTED TO THIS ____ DAY OF ____________, 2021. ____________________________ WALTER “CHIP” WILSON Mayor ATTEST: ___________________ JENNIFER PENA City Clerk APPROVED AS TO FORM: ____________________ RICHARD J. STERN City Attorney 61 Agenda Item Cover Sheet City of Apache Junction, Arizona 300 E Superstition Boulevard Apache Junction, AZ 85119 File ID: 21-380 Agenda Item No. 11. Agenda Date: 8/17/2021 Sponsor: Liz Langenbach In Control: City Council MeetingIndex: Presentation and discussion on recommended updates to the Apache Junction City Code, Volume I, Chapter 4 Fees, Article 4-1: Parks and Recreation Fees Schedule. Page 1 City of Apache Junction, Arizona Printed on 8/18/2021 62 2021 AMENDMENTS TO THE APACHE JUNCTION CITY CODE, VOLUME I, CHAPTER 4, FEES, ARTICLE 4-1: PARKS AND RECREATION FEE SCHEDULE Section 4-1-1 Facility and equipment rental fees 4-1-2 Deposits 4-1-3 Program and activity fees 4-1-4 Refunds 4-1-5 Promotional discounts 4-1-6 Priority use 4-1-7 Priority reservations and registrations § 4-1-1 FACILITY AND EQUIPMENT RENTAL FEES. DESCRIPTION USER FEE 1. MEETING AND CLASSROOM SPACE Multi-purpose room (“MGC”) $60.00 per hour Large Classroom/Meeting Room $30.00 per hour Small Classroom/Meeting Room $20.00 per hour 2. SPORTS FIELDS Field preparation Softball/Baseball $30.00 40.00per field Field preparation – Soccer/Football $60.00 80.00 per field Daytime Sports Field Usage $10.00 per hour Evening Sports Field Usage $17.00 per hour 3. GROUP USE (DESIGNATED AREAS ONLY) Small Ramada (max. 30 people; 2 hr. min.) $10.00 per hour Large Ramada (max. 50 people; 2 hr. min.) $15.00 per hour Multi-Use Area $8.00 per hour 4. RODEO PARK Arena preparation $50.00 per prep 63 Daytime Arena Usage $8.00 per hour Evening Arena Usage (including lights) $17.00 per hour Multi-Use Area $8.00 per hour Concession Stand $8.00 per hour 5. POOL ENTRY/PASSES Daily fees (17 and under) $1.50 2.00 Daily fees (18 and over) $2.50 3.00 Season pass (17 and under) $50.00 60.00 Season pass (18 and over) $70.00 85.00 Family season pass (up to 6 members) $110.00130.00 Additional members on family pass $20.00 6. SWIMMING POOL Pool rental - shared use, less than 100 people (2 hour minimum; includes lifeguard) $100.00 per hour Pool rental - shared use, 100 to 149 people (2 hour minimum; includes lifeguard) $150.00 250.00 per hour Pool rental - exclusive use, 150 or more people (2 hour minimum; includes lifeguard) $200.00 330.00 per hour Pool rental - competition pool only (2 hour minimum; includes lifeguard) $100.00 125.00 per hour 7. MULTI-GENERATIONAL CENTER ENTRY/MEMBERSHIPS Daily fees (17 and under) $3.00 Daily fees (18 and older) $5.00 64 Monthly pass (17 and under) $16.00 Monthly pass (18 and older) $27.00 Monthly pass (Family up to 6 members) $60.00 Each additional member $10.00 Six month pass (17 and under) $82.00 Six month pass (18 and older) $132.00 Six month pass (Family up to 6 members) $297.00 Each additional member $25.00 Annual pass (17 and under) $132.00 Annual pass (18 and older) $198.00 Annual pass (Family up to 6 members) $528.00 Each additional member $40.00 10 –Day Punch Pass $35.00 8. SPORT COURTS Daytime Court Usage $2.50 5.00 per hour Evening Court Usage (includes lights) $5.00 10.00 per hour Gymnasium $75.00 per hour 9. VETERAN’S MEMORIAL PARK Veteran’s Memorial Park $15.00 per hour 10. SPECIAL SERVICES/EQUIPMENT Barricades $3.00 each Bleachers - 3 row (includes delivery) $50.00 per day Bleachers - 5 row (includes delivery) $65.00 per day 65 Field marker $6.00 per bag Folding chairs $1.00 each Folding tables $6.00 each Malt beverage permit - single day fee $10.00 per day Malt beverage permit - multiple day fee $25.00 per event Personnel services (per employee) $25.00 30.00 per hour Rodeo arena PA system $30.00 per day Single sport package $6.00 per day Tractor/loader (includes operator) $55.00 per hour Traffic cones $1.00 each Used softballs $1.00 each Water truck (includes operator) $55.00 per hour Electronic messaging board $50.00/10 days Mobile stage * (first day) $500.00 Mobile stage setup/close down fee Mobile stage (each additional consecutive day) $250.00 per event Mobile stage refundable security/cleaning deposit $500.00 per event *Stage must stay inside city limits, no reduced fees, additional staff assessed at personnel fee rate ($25.00 30.00 per hour), requires insurance with city as additional insured. § 4-1-2 DEPOSITS. (A) The Director of Parks and Recreation or his or her designee may require deposits or clean-up fees for equipment/facility rentals deemed necessary equal to or up to the amount of the rental fee. § 4-1-3 PROGRAM AND ACTIVITY FEES. DESCRIPTION USER FEE 1. ADULT SPORTS 66 Leagues (teams) $50.00 5.00 - 500.00 Instruction $0.00 - 100.00 2. AQUATICS Swim instruction $10.00 - 50.00 Swim team $30.00 - 75.00 3. DANCE/FITNESS/EXERCISE per session $0.00 - 75.00 4. OPEN GYM PROGRAMS per session $3.00 - 300.00 5. SPECIAL EVENTS Per event $0.00 - $10.00 50.00 6. SPECIAL INTEREST CLASSES per session $0.00 - $200.00 7. YOUTH SPORTS Leagues $20.00 - $75.00 Instruction $0.00 - $150.00 § 4-1-4 REFUNDS. All refunds shall be made in full, except for a 10% administrative processing fee, with a $5 minimum. § 4-1-5 PROMOTIONAL DISCOUNTS (A) Intent. The Parks and Recreation director or his or her designee may from time to time establish promotional discounts to encourage and increase participation in programs and memberships, especially for off season events. (B) Limitation: With the exception of a limited quantity of free day passes to the multi - generational center or aquatic center, no promotion may exceed 50% off the regular price of admission. § 4-1-6 PRIORITY USE FEE CATEGORIES (A) No Fee Category: The Parks and Recreation Department has priority use of all facilities and recreational areas. When facilities are not in use for Parks and Recreation sponsored activities, they shall be available on a permit/no fee basis to the following: 67 (1) All other city departments. (2) City council approved special events (considered annually during budget process). (3) Partner agencies with formal agreements. (B) Partial Fee Category: Groups that meet the following Local Youth Serving Agency criteria will have priority use with those above, on a reduced fee basis (25% of regular public rates): (1) Youth Serving Agency is a 501(c)(3) non-profit organization. (2) Youth Serving Agency is governed by local, unpaid volunteer board and unpaid staff. (3) Participant members are made up of a majority of City of Apache Junction residents. (4) Youth Serving Agency participation is open to the public and not “by invitation only” or limited by any means other than the natural makeup of the league (i.e. no cuts and must have minimum participation/play rules in place). (C) Full Fee Category: When facilities are not in use by the Parks and Recreation department, or the groups listed above, they will be made available to other Apache Junction residents, groups or organizations on a permit/fee basis. Groups or organizations from outside the Apache Junction area are discouraged from using facilities, unless the activity is open to Apache Junction residents, promotes the welfare of the community, and a portion of the proceeds benefit a local non-profit entity. (D) Non-Resident Fee Category: Individuals that do not reside within the incorporated limits of the city shall be charged a fee that is 25% more than the listed facility rental fees in §4- 1: FACILITY AND EQUIPMENT RENTAL FEES, with the exception of Pool Entry/Passes and Multi-Generational Center Entry/Memberships. (E) Commercial Fee Category: Businesses and other for-profit organizations shall be charged a fee that is 50% more than the listed facility rental fees in § 4-1-1 FACILITY AND EQUIPMENT RENTAL FEES, with the exception of Pool Entry/Passes and Multi-Generational Center Entry/Memberships. Facilities that are on a Bureau of Land Management Recreation and Public Purpose Lease will not be eligible for commercial rentals. § 4-1-7 PRIORITY RESERVATIONS AND REGISTRATIONS The Parks and Recreation director or his or her designee may establish a priority registration or priority reservation period for Apache Junction residents. Programs and facilities with the highest participation and/or use shall be considered for priority registration or priority reservation for Apache Junction residents. 68 69 300 E. Superstition Blvd. • APACHE JUNCTION, AZ 85119 • www.ajcity.net • PHONE (480) 983-2181 • FAX (480) 982-2438 • TDD (480) 983-0095 City of Apache Junction Home of the Superstition Mountains MEMORANDUM TO: Honorable Mayor and City Council Members THROUGH: Bryant Powell, City Manager FROM: Liz Langenbach, Parks and Recreation Director DATE: August 16, 2021 SUBJECT: Updates to Chapter 4-1: Parks and Recreation Fee Schedule Chapter 4-1 of the city code addresses parks and recreation fees. Fees are reviewed approximately every five years to insure they are aligned with the local market, our community needs, and changes in other laws. The parks and recreation department has historically used three primary funding sources to provide high quality programs, services, and facilities to our community: 1) general fund (sales tax) 2) development fee fund, and 3) user fees. These are supplemented by various smaller sources such as grants, donations, corporate partnerships, etc. We shared our approach/process for the fee study at the March 1st work session and then worked with the parks and recreation commission for several months to finalize and prepare their recommended updates for the final consideration. Three primary goals were considered during this update: 1. General Market Comparison Parks and Recreation fees were last updated in 2015. Due to changing dynamics within other funding sources (i.e. state-shared revenues, local economy, etc) – it is more important than ever to evaluate our revenue streams and make sure that we are balancing the needs of our community with the cost of operations. The recommended updates only change those fees where we are below the market and have the greatest increase in operational costs. 2. Commercial Fees Currently, “for-profit” businesses are not permitted to reserve the facilities and this creates challenges for offering opportunities to local businesses to utilize the parks and equipment for downtown events or gatherings. Additionally, the city misses out on additional sources of revenue necessary to maintain and operate facilities/equipment. The market study evaluated the practices of comparator cities and the final recommendation includes adding a category for commercial use that is 50% more than the resident/non-profit agency rate. A chart is attached for greater ease of comparison. 3. Non-Resident Fees Many cities charge non-residents higher fees. This issue has been discussed many times over the past 10-15 years and staff/council has been hesitant to implement because many of the City’s programs rely on the participation of non-residents for optimal class/league sizes. Instead, the City has implemented “early-bird” registration and rental dates for City residents so that they may get first choice of the most popular recreation programs and facility reservation dates. The 70 300 E. Superstition Blvd. • APACHE JUNCTION, AZ 85119 • www.ajcity.net • PHONE (480) 983-2181 • FAX (480) 982-2438 • TDD (480) 983-0095 commission is recommending that council take this one step further and implement non-resident fees for facility rentals (charging individual non-residents 25% more than residents). This will help to gradually implement the new policy change and will help prioritize the availability of the limited facilities for residents. All of the options will be presented for discussion at the August 16th work session and if there are no recommended changes, the department will post the proposed changes/updates for the mandatory 60 day waiting period under A.R.S. § 9-499.15 and then bring back to a future public hearing for final vote. The intent will be to have all changes effective January 1st, 2022. Thank you, for your consideration. 71 Apache Junction Parks and Recreation Fee Study 2021 Recommendations to Chapter 4, Fees, Article 4-1: Parks and Recreation Fee Schedule –August 16th Work Session 72 2021 FEE STUDY BACKGROUND Jan. 6, 2021 -Parks and Rec Commission Introduction Mar. 1, 2021 -City Council Presentation/Discussion Mar. 3, 2021 -Parks and Rec Commission Presentation of market study results Apr. 7, 2021-Parks and Rec Commission Presentation of potential changes May 5, 2021-Parks and Rec Commission approved recommendations of fee changes 73 CITY COMMERCIAL RATE (RENTALS) NON-RESIDENT RATE (CLASSES) NOTES Apache Junction No No Avondale Yes Yes Appears to be 50-100%higher Buckeye Yes Yes Appears to be 2x regular rate Casa Grande No No Goodyear Yes Yes Different facilities done differently Marana No No Maricopa Yes Yes Appears to be 20-25% higher Mesa Yes Yes Appears to be 15-25% higher Oro Valley Yes No Appears to be 2x regular rate Queen Creek Yes Yes Appears to be 50% higher Commercial Fees & Non-Resident Fees 74 Add a commercial rental fee at 50% increase Add a non-resident facility rental fee at 25% increase Update specific fees based on actual costs and market pool rentals sports courts sports field preps personnel fees stage fees Facility/Equipment Rental Recommendations 75 Minimal increase in Pool entry fees & passes to offset increasing operational costs Youth scholarships available at 50% of cost of pass (Lost Dutchman Marathon) All passes eligible for 15% discount if purchased through opening weekend No change to MGC fees at this time working to increase usage; our price point is still manageable for many residents Full youth scholarships available (Lost Dutchman Marathon) Facility Entry Fees/Passes Recommendation 76 Update the Adult Sports fee range to accommodate lower individual league fees (i.e. golf league) Update the Special Event fee range to accommodate vendor fees Rec Program/Activity Fees Recommendation 77 What’s next 1.Questions/Discussion; Changes if necessary 2.Post fees and a fee report for the mandatory 60 day waiting period prior to a public hearing 3.Council will hold a public hearing and vote on the changes 78 Page 1 of 4 ARTICLE 4-1 PARKS & RECREATION FEE SCHEDULE – 2021 Recommended Changes Meeting and Classroom Average Resident/Non- Profit Changes (IF APPLICABLE) Non-Resident Fee (25% INCREASE) Fee (50% INCREASE) Small Classroom/Meeting Room $35.00/hour $20.00/hour $25.00 $30.00 Large Classroom/Meeting Room $58.00/hour $30.00/ hour $37.50 $45.00 Multi-Purpose Room (MGC) $94.00/hour $60.00/ hour $75.00 $90.00 Field Rental Fee (casual, first come/first serve) No Fee Daytime Sports Field Usage $12.00/hour $10.00/hour $12.50 $15.00 Evening Sports Field Usage (lights) $20.00/hour $17.00/hour $21.25 $25.50 Field Prep – Soccer/Football $84.00/hour $60.00/field $80.00 $100.00 $120.00 Field Prep – Softball/Baseball $44.00/hour $30.00/field $40.00 $50.00 $60.00 Court Rental Fee (casual, first come/first serve) No Fee Daytime Court Usage $6.00/hour $2.50/ hour $5.00 $6.25 $7.50 Gymnasium $135.00/hour $75.00/hour $93.75 $112.50 Veteran’s Memorial Park $15.00/hour $18.75 $22.50 Grass area +gazebo 24 or fewer people (casual, first- come/first serve) No Fee Small Ramada (max 30 people; 2hr. min) $10.00/hour $10.00/hour $12.50 $15.00 Large Ramada (max 50 people; 2hr min) $17.00/hour $15.00/hour $18.75 $22.50 Multi-Use Area $8.00/hour $10.00 $12.00 79 Page 2 of 4 Average Resident/Non- Profit Changes (IF APPLICABLE) Non-Resident Fee (25% INCREASE) Fee (50% INCREASE) Daytime Rodeo Arena Usage The market cities do not have a facility like ours – QC is very different Swimming Pool than 100 people (2 hour deleting this Only (2 hour min; includes LG) $54.00/hour $100.00/hour $ 125.00 $156.25 $187.50 Special Services/Equipment 80 Page 3 of 4 Special Services/ Average Resident/Non- Profit Changes (IF APPLICABLE) Non-Resident Fee (25% INCREASE) Fee (50% INCREASE) Single Sport Package $6.00/day $7.50 $9.00 Tractor/Loader (includes operator) $55.00/hour $68.75 $82.50 Traffic Cones $1.00 each $1.25 $1.50 Used Softballs $1.00 each $1.25 $1.50 Water Truck (includes operator) $55.00/hour $68.75 $82.50 Electronic Messaging Board $50/ 10 days N/A N/A Mobile Stage Rental Fee $500.00 $625.00 $750.00 Mobile Stage Additional Day $250 per additional day $312.50 $375.00 Mobile Stage Set Up/Close Down Fee $250 per event Mobile Stage Refundable Security/Cleaning Deposit PROGRAM AND ACTIVITY FEES Adult Sports Benchmark Average Changes Leagues (teams) SB(443)/BB(308) $50.00-$500.00 $5.00-$500.00 Golf league starts at $5; SB(440)/BB(300) Instruction $0.00-$100.00 Swim Instruction $29.00 $10.00-$50.00 AJ Swim Lessons $25 (discount pre-reg) Swim Team $64.00 $30.00-$75.00 Per Session $0.00-$75.00 Per Session $3.00-$300.00 Per Event $0.00-$10.00 $0.00-$50.00 Vendors and booth registrations 81 Page 4 of 4 FACILITY ENTRY FEES Pool Entry/Passes Benchmark Average Changes Daily Fee (17and under) $2.30 $1.50 $2.00 Daily Fees (18 and over) $3.50 $2.50 $3.00 Season Pass (17 and under) $50.00 $60.00 Season Pass (18 and older) $70.00 $85.00 Family Season Pass (up to 6 members) $136.00 $110.00 $130.00 Additional Members on Family Pass $15.00 each Daily Fees (17 and under) $3.75 $3.00 Daily Fees (18 and older) $5.50 $5.00 Monthly Pass (17 and under) $20.00 $16.00 Monthly Pass (18 and older) $32.00 $27.00 Monthly Pass (Family) $62.00 $60.00 Monthly Pass (Additional Family Member) $10.00 Six Month Pass (17 and under) $89.00 $82.00 Six Month Pass (18 and older) $152.00 $132.00 Six Month Pass (Family) $323.00 $297.00 Six Month Pass (Additional Family Member) $25.00 Annual Pass (17 and under) $169.00 $132.00 Annual Pass (18 and older) $271.00 $198.00 Annual Pass (Family) $559.00 $528.00 Annual Pass (Additional Family Member) $40.00 10 Day Punch Pass $29.00 $35.00 Special Interest Classes Youth Sports 82 Agenda Item Cover Sheet City of Apache Junction, Arizona 300 E Superstition Boulevard Apache Junction, AZ 85119 File ID: 21-414 Agenda Item No. 12. Agenda Date: 8/17/2021 Sponsor: Jennifer Pena In Control: City Council MeetingIndex: Executive Session at 6:00 P.M. for Tuesday, September 7th in the city council conference room located at 300 E. Superstition Boulevard in Apache Junction, Arizona and other meetings scheduled if necessary. Page 1 City of Apache Junction, Arizona Printed on 8/18/2021 83