TITLE OF AGENDA ITEM: APPLICATION FOR A LOCATION TRANSFER, CORPORATION, SERIES 9 LIQUOR LICENSE FOR DESERT LIQUORS.

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1 Print TO: City Manager's Office FROM: Kathy Connelly, City Clerk DATE: October 19, 2010 Agenda Type : Council Priority Focus Area: Regular Agenda Required by Federal Law or State Statute TITLE OF AGENDA ITEM: APPLICATION FOR A LOCATION TRANSFER, CORPORATION, SERIES 9 LIQUOR LICENSE FOR DESERT LIQUORS. ACTION REQUESTED: Recommendation for Approval DISCUSSION / BACKGROUND INFORMATION: This is the next step in the process for a liquor license application. Council shall make a recommendation of approval or denial to be forwarded to the Arizona Department of Liquor Licenses and Control. FISCAL IMPACT: OPTIONS / ALTERNATIVES: RECOMMENDATION: ATTACHMENTS: Click to download cover memo application application part 2 notice applicant letter department memo planning recommendation police recommendation fire recommendation

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30 Apache Junction Fire District 565 North Idaho Road, Apache Junction, AZ Phone (480) , Fax (480) MEMORANDUM TO: FROM: Kathleen Connelly, City Clerk City of Apache Junction 300 E. Superstition Blvd. Apache Jct., AZ Dave Montgomery, Deputy Chief / Fire Marshal DATE: October 7, 2010 SUBJECT: Application for Series 7 and Series 9 Liquor License for Desert Liquors located at 650 W. Apache Trail, Apache Jct., AZ The Apache Junction Fire District has reviewed the applications as noted above regarding the facilities located at 650 W. Apache Trail, (designated to be newly occupied by Desert Liquors). We have recently completed a fire and life safety inspection in conjunction with the remodeling that has occurred in this existing structure, with no major violations found. We therefore would recommend approval of these applications. Thank you for your notification on this matter. If you have any further questions regarding this inspection, please feel free to contact my office at Thank You. Dpm ATTN: Application

31 Print TO: City Manager's Office FROM: Rudy Esquivias, Senior Planner/Zoning Administrator DATE: October 19, 2010 Agenda Type : Council Priority Focus Area: Regular Agenda Community Development TITLE OF AGENDA ITEM: PROPOSED RESOLUTION NO , DECLARING THE CODE OF THE CITY OF APACHE JUNCTION, ARIZONA, VOLUME II, LAND DEVELOPMENT CODE, A PUBLIC RECORD. ACTION REQUESTED: Recommendation for Approval DISCUSSION / BACKGROUND INFORMATION: As discussed at the August 16, 2010, and October 5, 2010, Council meetings, this is the first step in the process to adopt the updated and recodified version of the Land Development Code. Adopting the code in this manner will save extensive legal advertising costs. The Planning and Zoning Commission, by a vote of 7-0, recommended approval of Chapters 1 (Zoning Ordinance) and 2 (Subdivision Regulations) of the Land Development Code. FISCAL IMPACT: Budgeted Expenditure OPTIONS / ALTERNATIVES: RECOMMENDATION: Approve. ATTACHMENTS: Click to download AM-1-10 Staff Report Draft Res. No

32 City of Apache Junction Development Services Department October 6, 2010 Memorandum To: Through: From: Subject: Mayor and City Council George Hoffman, City Manager Brad Steinke, Director of Development Services October 19, 2010 Public Hearing Items: Case AM-1-10, Adoption of the Recodified Version of the Apache Junction City Code, Volume II, Land Development Code, Proposed Resolution No and Ordinance No Summary: In August 2008, the City hired American Legal Publishing to recodify Volume II (Land Development Code) of our City Code. The recodification process is intended to clerically cleanup and systematically arrange the following Volume II chapters into an organized format that will be easily accessed, updated and posted on the web. Chapter 1: Zoning Ordinance Chapter 2: Subdivision Regulations Chapter 3: Street Improvements Chapter 4: Underground Utilities Chapter 5: Floodplain Management Stormwater Regulations Chapter 6: Landscape and Screening Regulations Chapter 7: Development Fees Chapter 8: Communications Chapter 9: Plants Chapter 10: Engineering Design Guidelines and Policies Following a year of staff review and revision, the proposed recodification of Volume II is now ready for City Council review and action. Since the recodification process is essentially a clerical reorganization of the code, very little substantive change has occurred to the Development Code s standards and regulations. The Council is advised, however, that staff did find some substantive errors in the existing code that we recommend be corrected as part of this recodification. The following list itemizes and briefly explains these changes: 1. Incorrect Code Citations. There were quite a few incorrect or obsolete references to Arizona Revised Statutes, Federal Law, and local ordinances that were corrected in Chapter 1. 1

33 2. Conditional Use Permit Appeal Scheduling. Inserted requirement that a Conditional Use Permit appeal from the Planning & Zoning Commission s decision shall be scheduled for the next regularly scheduled meeting of the Council in accordance with state law (Chapter 1; Section D; p. 35). 3. Board of Adjustment ( BOA ) Annual Report. Changed the requirement that BOA must issue an annual, not monthly report to the City Council (Chapter 1; Section ; p. 67). 4. Board of Adjustment Action. Deleted requirement that the BOA must report its finding to the Planning & Zoning Commission and City Council (Chapter; Section ; p. 72). 5. Board of Adjustment Appeal Time Period. Replaced the deadline to appeal from 20 days to 30 days (Chapter 1; E; p. 74). 6. Planned Development Zoning Review Process. Removed the requirement that plans for the proposed Planned Development zoning be reviewed by the Development Coordinating Committee, which does not exist (Chapter 1; Section B-3; p. 150). 7. Planned Development Zoning Reversion Clause. The current ordinance provides that a planned development rezoning shall revert back to the previous zoning if substantial development or a zoning deadline extension does not occur within 2 years. This language will be replaced to suggest that the planned development zoning may be subject to reversion (Chapter 1; Section D; p. 155). 8. Political Signs. Deleted the regulation prohibiting signs to be displayed within 60 days of an election and added the requirement that signs must be removed within 10 days after the election (Chapter 1; Section K; p. 178). 9. Conditional Use Permit Appeal Time Period. Replaced the deadline to appeal the Planning & Zoning Commission s decision to the City Council from 20 days to 30 days (Chapter 1; Section B; p. 188). 10. Building and Fire Code Updates. Changed all references throughout code from Uniform Building Code to International Building Code, 2006 Edition; and all references from Uniform Fire Code to International Fire Code, 2006 Edition. 11. Fees. Replaced individual fees scattered throughout the code with statement that refers to the fee section in Volume I, Chapter Development Fees. Replaced 2002 Development Fee Schedule with most recently approved 2007 schedule (Chapter 7). 13. Portalis Name Change. Replaced the name of Lost Dutchman Heights with Portalis throughout the chapter (Chapter 10). 2

34 14. Update Engineering References. Updated and corrected reference numbers for Apache Junction Standard Engineering Details and MAG Specifications and Details throughout Chapter Letters of Assurance. Updated template exhibits for Letters of Assurance and Performance Bonds (Chapter 10 - p ). Since the recodified Volume II code consists of 550 double-sided pages, we chose not to provide you with individual copies for budgetary reasons. Alternatively, if you wish to review the entire recodified draft version of Volume II, please visit click on library at the top of the page, then click on the map of Arizona, and then finally click on Apache Junction. Staff will have one copy of Volume II at the public hearing if needed for your review. Planning and Zoning Commission Recommendation: At their April 27, 2010, meeting, the Planning and Zoning Commission unanimously recommended city council approval of the changes in Chapter 1 (Zoning Code) and 2 (Subdivision Regulations). Staff Recommendation: Staff presented this proposed recodification at the council s August 16, 2010, work session, and a council public hearing on October 5, The final ordinance and resolution has been drafted and the Volume II recodification has been scheduled for council approval at the October 19 th meeting. Accordingly, staff recommends approval of Resolution No , which declares the code as a public record, and Ordinance No. 1368, which adopts the ordinance by reference. Attachments: - Proposed Resolution No Proposed Ordinance No

35 RESOLUTION NO A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, DECLARING AS A PUBLIC RECORD THAT CERTAIN DOCUMENT FILED WITH THE CITY CLERK ENTITLED CODE OF THE CITY OF APACHE JUNCTION, ARIZONA, VOLUME II, LAND DEVELOPMENT CODE, CHAPTERS 1 THROUGH 10. WHEREAS, Arizona Revised Statutes Annotated (hereinafter A.R.S. ), 9-802, permits municipalities to enact the provisions of a code without setting forth such provisions in full text as long as the adopting ordinance is published in full text and at least three copies of the code are filed in the office of the clerk of the municipality and are made available for public use and inspection; and WHEREAS, pursuant to A.R.S (1) and 9-802, such codes include land development codes; and WHEREAS, it is the intent of the City to declare such documents and compilations as public records, on file in the office of the City Clerk. NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council of the City of Apache Junction, Arizona, as follows: SECTION I: IN GENERAL That certain document entitled Code of the City of Apache Junction, Arizona, Volume II, Land Development Code, three copies of which are on file in the office of the City Clerk of the City of Apache Junction, Arizona, is hereby declared to be a public record and is hereby available for public use and inspection, and said copies are ordered to remain on file with the City Clerk. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS DAY OF, SIGNED AND ATTESTED TO THIS DAY OF, RESOLUTION NO PAGE 1 OF 2

36 JOHN S. INSALACO Mayor ATTEST: KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM: RICHARD JOEL STERN City Attorney RESOLUTION NO PAGE 2 OF 2

37 Print TO: City Manager's Office FROM: Rudy Esquivias, Senior Planner/Zoning Administrator DATE: October 19, 2010 Agenda Type : Council Priority Focus Area: Regular Agenda Community Development TITLE OF AGENDA ITEM: PROPOSED ORDINANCE NO. 1368, ADOPTING THE CODE OF THE CITY OF APACHE JUNCTION, ARIZONA, VOLUME II, LAND DEVELOPMENT CODE, BY REFERENCE. ACTION REQUESTED: Recommendation for Approval DISCUSSION / BACKGROUND INFORMATION: As discussed at the August 16, 2010, and October 5, 2010, Council meetings, this is the final step in the process of adopting the updated and recodified version of the Land Development Code. The Planning and Zoning Commission recommended, by a vote of 7-0, the approval of recodified Chapters 1 (Zoning Ordinance) and 2 (Subdivision Regulations). FISCAL IMPACT: Budgeted Expenditure OPTIONS / ALTERNATIVES: RECOMMENDATION: Approve. ATTACHMENTS: Click to download AM-1-10 CC Staff Report Draft Ordinance No. 1368

38 City of Apache Junction Development Services Department October 6, 2010 Memorandum To: Through: From: Subject: Mayor and City Council George Hoffman, City Manager Brad Steinke, Director of Development Services October 19, 2010 Public Hearing Items: Case AM-1-10, Adoption of the Recodified Version of the Apache Junction City Code, Volume II, Land Development Code, Proposed Resolution No and Ordinance No Summary: In August 2008, the City hired American Legal Publishing to recodify Volume II (Land Development Code) of our City Code. The recodification process is intended to clerically cleanup and systematically arrange the following Volume II chapters into an organized format that will be easily accessed, updated and posted on the web. Chapter 1: Zoning Ordinance Chapter 2: Subdivision Regulations Chapter 3: Street Improvements Chapter 4: Underground Utilities Chapter 5: Floodplain Management Stormwater Regulations Chapter 6: Landscape and Screening Regulations Chapter 7: Development Fees Chapter 8: Communications Chapter 9: Plants Chapter 10: Engineering Design Guidelines and Policies Following a year of staff review and revision, the proposed recodification of Volume II is now ready for City Council review and action. Since the recodification process is essentially a clerical reorganization of the code, very little substantive change has occurred to the Development Code s standards and regulations. The Council is advised, however, that staff did find some substantive errors in the existing code that we recommend be corrected as part of this recodification. The following list itemizes and briefly explains these changes: 1. Incorrect Code Citations. There were quite a few incorrect or obsolete references to Arizona Revised Statutes, Federal Law, and local ordinances that were corrected in Chapter 1. 1

39 2. Conditional Use Permit Appeal Scheduling. Inserted requirement that a Conditional Use Permit appeal from the Planning & Zoning Commission s decision shall be scheduled for the next regularly scheduled meeting of the Council in accordance with state law (Chapter 1; Section D; p. 35). 3. Board of Adjustment ( BOA ) Annual Report. Changed the requirement that BOA must issue an annual, not monthly report to the City Council (Chapter 1; Section ; p. 67). 4. Board of Adjustment Action. Deleted requirement that the BOA must report its finding to the Planning & Zoning Commission and City Council (Chapter; Section ; p. 72). 5. Board of Adjustment Appeal Time Period. Replaced the deadline to appeal from 20 days to 30 days (Chapter 1; E; p. 74). 6. Planned Development Zoning Review Process. Removed the requirement that plans for the proposed Planned Development zoning be reviewed by the Development Coordinating Committee, which does not exist (Chapter 1; Section B-3; p. 150). 7. Planned Development Zoning Reversion Clause. The current ordinance provides that a planned development rezoning shall revert back to the previous zoning if substantial development or a zoning deadline extension does not occur within 2 years. This language will be replaced to suggest that the planned development zoning may be subject to reversion (Chapter 1; Section D; p. 155). 8. Political Signs. Deleted the regulation prohibiting signs to be displayed within 60 days of an election and added the requirement that signs must be removed within 10 days after the election (Chapter 1; Section K; p. 178). 9. Conditional Use Permit Appeal Time Period. Replaced the deadline to appeal the Planning & Zoning Commission s decision to the City Council from 20 days to 30 days (Chapter 1; Section B; p. 188). 10. Building and Fire Code Updates. Changed all references throughout code from Uniform Building Code to International Building Code, 2006 Edition; and all references from Uniform Fire Code to International Fire Code, 2006 Edition. 11. Fees. Replaced individual fees scattered throughout the code with statement that refers to the fee section in Volume I, Chapter Development Fees. Replaced 2002 Development Fee Schedule with most recently approved 2007 schedule (Chapter 7). 13. Portalis Name Change. Replaced the name of Lost Dutchman Heights with Portalis throughout the chapter (Chapter 10). 2

40 14. Update Engineering References. Updated and corrected reference numbers for Apache Junction Standard Engineering Details and MAG Specifications and Details throughout Chapter Letters of Assurance. Updated template exhibits for Letters of Assurance and Performance Bonds (Chapter 10 - p ). Since the recodified Volume II code consists of 550 double-sided pages, we chose not to provide you with individual copies for budgetary reasons. Alternatively, if you wish to review the entire recodified draft version of Volume II, please visit click on library at the top of the page, then click on the map of Arizona, and then finally click on Apache Junction. Staff will have one copy of Volume II at the public hearing if needed for your review. Planning and Zoning Commission Recommendation: At their April 27, 2010, meeting, the Planning and Zoning Commission unanimously recommended city council approval of the changes in Chapter 1 (Zoning Code) and 2 (Subdivision Regulations). Staff Recommendation: Staff presented this proposed recodification at the council s August 16, 2010, work session, and a council public hearing on October 5, The final ordinance and resolution has been drafted and the Volume II recodification has been scheduled for council approval at the October 19 th meeting. Accordingly, staff recommends approval of Resolution No , which declares the code as a public record, and Ordinance No. 1368, which adopts the ordinance by reference. Attachments: - Proposed Resolution No Proposed Ordinance No

41 ORDINANCE NO AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, REPEALING THE CODE OF THE CITY OF APACHE JUNCTION, ARIZONA, VOLUME II, LAND DEVELOPMENT CODE, IN ITS ENTIRETY AND ADOPTING BY REFERENCE A NEW CODE OF THE CITY OF APACHE JUNCTION, ARIZONA, VOLUME II, LAND DEVELOPMENT CODE, CHAPTERS 1 THROUGH 10; REPEALING ANY CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE OF REPEAL; PROVIDING AN EFFECTIVE DATE OF THE NEW CODE; AND PROVIDING PENALTIES FOR VIOLATIONS. WHEREAS, the Land Development Code currently consists of the following Chapters: Chapter 1, Zoning Ordinance; Chapter 2, Subdivision Regulations; Chapter 3, Special Provisions for Construction of Street Improvements; Chapter 4, Special Provisions for Installation of Underground Utilities; Chapter 5, Floodplain Management and Stormwater Regulations; Chapter 6, Landscaping and Screening Requirements; Chapter 7, Development Fees; Chapter 8, Wireless Communications Facilities; Chapter 9, Native Plant Preservation; and Chapter 10, Engineering Design Guidelines and Policies Manual; and WHEREAS, since the incorporation of the City of Apache Junction, Arizona, in November of 1978, the City Council has from time to time adopted and modified various chapters of the City Code, Volume II, Land Development Code; and WHEREAS, as a result of the multiple amendments and changes in State and Federal law, some of the existing language is outdated; and WHEREAS, in early 2008, the City Council gave direction to staff to consolidate and recodify the various chapters of the Land Development Code for the purpose of easier access, updating and posting on line; and WHEREAS, the Mayor and City Council hired a private company to assist staff in accomplishing the recodification task; and WHEREAS, with the assistance of the outside consultant, a new version of the Code was created, which: 1) reorganizes, recodifies and rephrases certain chapters and provisions; 2) corrects clerical and grammatical errors, sentence structure, inconsistencies in format and type style, and obsolete references; 3) inserts ordinances adopted without referencing a specific code section; and 4) removes outdated and superseded sections; and ORDINANCE NO PAGE 1 OF 4

42 WHEREAS, on April 27, 2010, the Planning and Zoning Commission heard and discussed the recodification of Chapters 1 (Zoning Ordinance) and 2 (Subdivision Regulations), which are used by the Commission in their role of making recommendations to the City Council on land use matters; and WHEREAS, on April 27, 2010, the Planning and Zoning Commission unanimously recommended to the City Council the adoption of the recodified provisions; and WHEREAS, Arizona Revised Statutes Annotated (hereinafter A.R.S. ), permits municipalities to enact provisions of a code without setting forth such provisions in full text as long as the adopting ordinance is published in full text and at least three copies of the code are filed in the office of the clerk of the municipality and are made available for public use and inspection; and WHEREAS, pursuant to A.R.S (1) and 9-802, codes which may be adopted by reference include those relating to land development; and WHEREAS, staff has determined that for administrative efficiency, it is more appropriate to update the Land Development Code, by repealing the existing code in its entirety and replacing it with an updated 2010 version, to include Chapters 1 through 10. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA: SECTION I: IN GENERAL 1. That the existing Apache Junction City Code, Volume II, Land Development Code, is hereby repealed. 2. That certain document known as The Code of the City of Apache Junction, Volume II, Land Development Code, three copies of which are on file in the office of the City Clerk of the City of Apache Junction, Arizona, which document was made a public record by Resolution No of the City of Apache Junction, Arizona, is hereby referred to, adopted and made a part hereof as if fully set out in this ordinance, pursuant to A.R.S SECTION II: REPEALING ANY CONFLICTING ORDINANCES 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 ORDINANCE NO PAGE 2 OF 4

43 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: EFFECTIVE DATE OF REPEAL The effective date of repeal of this code, which shall be set forth on the first page, after the title page, shall be 12:01 a.m. on November 18, SECTION V: EFFECTIVE DATE OF CODE The effective date of the new code which shall be set forth on the first page, after the title page, shall be 12:01 a.m., November 18, SECTION VI: PROVIDING PENALTIES FOR VIOLATION Unless otherwise stated within the code, after the City exhausts all of its civil violation procedures as referenced therein, any violation of any provisions adopted herein, shall be punishable as a Class 1 Misdemeanor consistent with Apache Junction City Code, Volume I, Chapter 1, GENERAL, Article 1-1 GENERAL, Section PENALTY. Each day that a violation continues shall be a separate offense. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS DAY OF, SIGNED AND ATTESTED TO THIS DAY OF, JOHN S. INSALACO Mayor ORDINANCE NO PAGE 3 OF 4

44 ATTEST: KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM: RICHARD JOEL STERN City Attorney ORDINANCE NO PAGE 4 OF 4

45 Print TO: City Manager's Office FROM: Kathy Connelly, City Clerk DATE: October 19, 2010 Agenda Type : Council Priority Focus Area: Regular Agenda Communication/Outreach TITLE OF AGENDA ITEM: ANNUAL APPOINTMENTS/REAPPOINTMENTS TO CONSTRUCTION CODE BOARD OF APPEALS, HEALTH AND HUMAN SERVICES COMMISSION, INDUSTRIAL DEVELOPMENT AUTHORITY, MUNICIPAL PROPERTY CORPORATION AND PUBLIC SAFETY PERSONNEL RETIREMENT BOARD. ACTION REQUESTED: Recommendation for Approval DISCUSSION / BACKGROUND INFORMATION: At the October 18 work session council interviewed the candidates for appointment and/or reappointment for these boards and commissions. This item gives the council the opportunity to make the appointments/reappointments to these boards and commissions. FISCAL IMPACT: Budgetary Approval Not Required OPTIONS / ALTERNATIVES: RECOMMENDATION: ATTACHMENTS: Click to download cover memo

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48 Print TO: City Manager's Office FROM: George Hoffman, City Manager DATE: October 19, 2010 Agenda Type : Council Priority Focus Area: Regular Agenda TITLE OF AGENDA ITEM: EXECUTIVE SESSION AT 5:45 P.M. AND WORK SESSION AT 7:00 P.M. FOR MONDAY, NOVEMBER 1, ACTION REQUESTED: DISCUSSION / BACKGROUND INFORMATION: FISCAL IMPACT: OPTIONS / ALTERNATIVES: RECOMMENDATION: ATTACHMENTS: Click to download No Attachments Available

49 Print TO: City Manager's Office FROM: George Hoffman, City Manager DATE: October 19, 2010 Agenda Type : Council Priority Focus Area: Regular Agenda TITLE OF AGENDA ITEM: EXECUTIVE SESSION AT 5:45 P.M. FOR TUESDAY, NOVEMBER 2, OTHER MEETINGS IF NECESSARY. ACTION REQUESTED: DISCUSSION / BACKGROUND INFORMATION: FISCAL IMPACT: OPTIONS / ALTERNATIVES: RECOMMENDATION: ATTACHMENTS: Click to download No Attachments Available