City of Apache Junction, Arizona Page 1

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1 Tuesday, March 11, 2014 City of Apache Junction, Arizona Agenda Planning and Zoning Commission Special Public Hearing and Work Session Meeting Theresa Nesser, Chair Christa Rizzi, Vice Chair Luciano Buzzin, Commissioner Colleen Hill, Commissioner J. Sue Johns, Commissioner Liza Kovach, Commissioner Pat Richmond, Commissioner 7:00 PM City Hall 300 E Superstition Blvd Apache Junction, AZ P: (480) F: (480) Council Chambers 1. Call to Order 2. Pledge of Allegiance 3. Roll Call 4. Consent Agenda The following non-controversial items have been grouped together for action by one unanimous vote as a time-saving device. Any Commissioner may remove an item from the Consent Agenda for discussion and separate action Acceptance of Agenda. 5. Call to the Public This is the time set aside at each of our meetings for the public to address the Planning and Zoning Commission. If you wish to speak, you must fill out a Request to Speak form and hand it to the Clerk. If there is a group speaking on the same subject, please choose a spokesperson to avoid repetition. If you have any materials that you want to circulate to the Chairman and Commissioners, please hand them to the Clerk and he/she will distribute them to us. Requests, petitions, remonstrances, communications, comments or suggestions from citizens shall be heard. However, Call to the Public is typically limited to planning or zoning matters within the jurisdiction of the City. No personal attacks shall be permitted and common courtesy should be practiced at all times. All remarks shall be addressed to the Commission as a whole and not to any one member of the Commission, City staff or the public. Each speaker must approach the podium, face the Commission, speak into the microphone, and provide their name and address. There is a three (3) minute time limit per speaker. If the content of the information relates to a public hearing, the Chairman may advise the speaker to wait for the public hearing on that particular issue. Under Arizona law, the Commission may not answer questions of the speaker, but may at the conclusion of Call to the Public: City of Apache Junction, Arizona Page 1 Printed on 3/4/2014

2 Planning and Zoning Commission Special Public Hearing and Work Session Meeting Agenda March 11, Public Hearings Arizona Open Meeting Law allows individuals to address this government body on any issue within its jurisdiction. Members may not answer your questions or discuss your comments at this time. However, at the conclusion of the Call to Public, they may do any of the following: 1) respond to criticism made by any individual who addresses them; 2) ask staff to review a matter; 3) ask staff to place the matter on a future agenda. This entity shall not discuss or take legal action on matters raised at Call to Public unless the matters have been properly noticed for discussion and legal action. Please stand and state your name and address after being called to speak. There is a three (3) minute time limit per speaker. 7. Old Business 8. New Business Continuation of the February 25, 2014, public hearing regarding a city council recommendation to approve the proposed updated zoning ordinance, which includes the zoning regulations and zoning maps. Public hearing and recommendation. Sponsors: Brad Steinke The Commission shall consider any business not yet considered. Arizona Open Meeting Law prohibits public comments at this time. 9. Information and Reports The Chair at this time may announce information regarding activities involving Planning and Zoning matters, such as, but not limited to attendance of Commission Members at community meetings or events, seminars or conferences, or upcoming events or conferences. 10. Director's Report The Development Services Director, 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. 12. Adjournment Copies of this agenda and additional information regarding any of the items listed above may be reviewed from 7:00 a.m. to 6:00 p.m., Monday through Thursday, except holidays, at the Department of Development Services, Planning Division, City Hall Complex, 300 East Superstition Boulevard, Apache Junction, Arizona, , telephone number is (480) If any person with a disability needs any type of accommodation, please notify the Human Resource Office at (480) or (480) (TDD) at least 72 hours prior to the scheduled time. City of Apache Junction, Arizona Page 2 Printed on 3/4/2014

3 City of Apache Junction, Arizona Agenda Item Cover Sheet 300 E Superstition Boulevard Apache Junction, AZ File ID: Sponsor: Index: Budgetary Approval not Required Agenda Date: 3/11/2014 In Control: Planning and Zoning Commission Sp Acceptance of Agenda. Attachments: City of Apache Junction, Arizona Page 1 Printed on 3/4/2014

4 City of Apache Junction, Arizona Agenda Item Cover Sheet 300 E Superstition Boulevard Apache Junction, AZ Agenda Item No. File ID: Sponsor: Brad Steinke Index: Budgetary Approval not Required Agenda Date: 3/11/2014 In Control: Planning and Zoning Commission Sp Continuation of the February 25, 2014, public hearing regarding a city council recommendation to approve the proposed updated zoning ordinance, which includes the zoning regulations and zoning maps. Public hearing and recommendation. Attachments: Proposed updated zoning ordinance City of Apache Junction, Arizona Page 1 Printed on 3/4/2014

5 City of Apache Junction Development Services Department MEMORANDUM TO: Planning and Zoning Commission FROM: Brad Steinke, Director of Development Services DATE: March 4, 2014 REQUEST: Continued Public Hearing and Recommendation on Zoning Code Update On February 25 th, the Planning and Zoning Commission continued their public hearing to a special meeting on March 11 th, and directed staff to draft the appropriate revisions for further review, comment and possible recommendation. As a result, staff has drafted a number of revisions for Commission review and consideration. These proposed revisions, which are listed below, include suggested changes requested by the public, and final revisions proposed by staff. Commissioners should review these proposed changes and determine if some or all of the changes should be incorporated into the draft zoning code. Staff Recommendation Staff suggests the following motion: Recommendation for City Council approval of the draft zoning code dated November 13, 2013, subject to the following revisions: 1. Text revisions 1 26 as listed in the staff report dated March 4, 2014; and 2. Zoning map revisions 1-2 as listed in the staff report dated March 4,

6 Proposed Zoning Ordinance Draft Text Revisions (3/4/14) The following revisions to the draft Zoning Ordinance text dated November 13, 2013, are proposed for Planning and Zoning Commission review and consideration. Proposed changes are highlighted in gray, with deletions illustrated with a strike-thru and additions illustrated with a double underline. 1. RV/MH Resorts and HOA Activities. This change is proposed to provide RV parks, MH parks and HOAs with greater flexibility and less bureaucracy in approving ancillary retail and special event activities. SECTION (S) shall be amended as follows: Accessory Ancillary Retail Sales (intended for park resident customers only). Park management shall apply for and obtain an AUP from the Zoning Administrator prior to conducting or allowing park sponsored and authorized accessory ancillary retail sales (e.g., market days, craft/art sales, fundraisers and temporary food vendors). If approved, the Zoning Administrator shall issue an AUP with written conditions of approval in accordance with the following: 1. All proprietors and vendors shall possess valid business licenses and permits as required by the City Code, and comply with required sales tax administration and collection processes. 2. The application for an administrative permit shall contain a description of the retail sales activity, maximum number and type of vendors, days and hours of operation and a site plan illustrating the location and parking associated with the retail sales. 3. All signs that describe or relate to accessory retail activities shall not be visible from beyond the boundaries of the park. 4. Retail sales shall be conducted indoors within the recreational/social center or outdoors within a common area. 5. Parking for approved retail uses shall be accommodated within established and approved parking areas, or by on-street parking approved by the zoning administrator. 6. Retail sales shall be directed to and be for the benefit of park residents and their guests only. 7. Retail sales shall not exceed more than 1 day 3 days per week and shall operate between the hours of 8:00 a.m. to 5:00 p.m. 7:00 a.m. and 10:00 p.m. 8. The administrative permit shall may be valid for multiple events within a one-year period, and shall be renewed on an annual basis. 2

7 9. Failure to comply with the conditions of approval established in the administrative permit may result in the revocation of the permit, and prohibition on issuing future retail sales permits to the park. SECTION (M) shall be amended as follows: Special Events and Activities (intended for both park residents and non-park resident customers). Special events and/or activities hosted or sponsored by the parks (e.g., concerts, fund raisers, lectures, seminars, workshops, educational classes, recreation, food/beverage sales, sporting events and meetings) or ancillary retail uses (e.g., restaurants, personal care services, specialty retail and professional offices) that will likely generate non-resident traffic and parking demands greater than available guest parking can accommodate, shall only be allowed subject to approval of a CUP and or, if applicable, compliance with Chapter 8, Volume I of the City Code regarding special events. TABLE 5-1 shall be amended to include a new use entitled Subdivision and HOA Activities permitted as an AUP with the following added footnote (i.e., footnote #14): Ancillary Retail Sales (intended for subdivision resident customers only). Homeowner s Associations shall apply for and obtain an AUP from the Zoning Administrator prior to conducting or allowing retail sales (e.g., market days, craft/art sales, fundraisers and temporary food vendors). If approved, the Zoning Administrator shall issue an AUP with written conditions of approval in accordance with the following: 1. All proprietors and vendors shall possess valid business licenses and permits as required by the City Code, and comply with required sales tax administration and collection processes. 2. The application for an administrative permit shall contain a description of the retail sales activity, maximum number and type of vendors, days and hours of operation and a site plan illustrating the location and parking associated with the retail sales. 3. All signs that describe or relate to accessory retail activities shall not be visible from beyond the boundaries of the subdivision. 4. Retail sales shall be conducted indoors within the recreational/social center or outdoors within a common area. 5. Parking for approved retail uses shall be accommodated within established and approved parking areas, or with on-street parking approved by the zoning administrator. 3

8 6. Retail sales shall be directed to and be for the benefit of subdivision residents and their guests only. 7. Retail sales shall not exceed more than 3 days per week and shall operate between the hours of 7:00 a.m. and 10:00 p.m. 8. The administrative permit may be valid for multiple events. 9. Failure to comply with the conditions of approval established in the administrative permit may result in the revocation of the permit, and prohibition on issuing future retail sales permits to the subdivision. Special Events and Activities (intended for both subdivision residents and non-subdivision resident customers). Special events and/or activities hosted or sponsored by the subdivisions (e.g., concerts, fund raisers, lectures, seminars, workshops, educational classes, recreation, food/beverage sales, sporting events and meetings) or ancillary retail uses (e.g., restaurants, personal care services, specialty retail and professional offices) shall only be allowed subject to approval of a CUP or, if applicable, compliance with Chapter 8, Volume I of the City Code regarding special events. 2. Design for Resort Buildings. This change adds the option of modular units for community buildings in RV and MH parks. SECTION (J) shall be amended as follows: Manager s Office/Residence and Community Buildings. A conventionally constructed manager's office and/or residence, and community buildings, shall be allowed as either conventional or modular construction. 3. Accessory Structure Height in RV/MH Resorts. This change increases accessory building height in parks to better accommodate RV carport parking. TABLES 5-2 and 9-1 shall be amended as follows: Increase the accessory structure height from 15 feet to 20 feet. 4

9 4. Aesthetic Impact of Razor/Concertina Wire. This change provides greater restriction on the use of razor wire for better aesthetics. SECTION (H) (2) shall be amended as follows: Barbed and Razor Wire Fences. Fences with strands of barbed and razor wire shall not be permitted, except as follows: a. Residential Districts. Barbed wire fencing shall be allowed for the keeping of large livestock in those residential zoning districts that allow large livestock, and shall not be erected or maintained within 10 feet of any public place or public right-of-way, public easement or reservation for roadway purposes. b. Non-Residential Districts. Barbed wire, razor wire or concertina wire shall be allowed subject to installation at least 6 feet above the ground and only erected at the top of any an approved fence or wall, and shall not be allowed on buildings. If the fence is inclined, it shall project over private property. Fences or walls with barbed wire shall not be allowed within the front setback area. c. Spacing. Barbed wire fencing less than 6 feet high shall be secured to posts or other supporting structure not more than 8 feet from each other. 5. Foul and Small Livestock on Small Residential Lots. This change increases the maximum amount of allowed chickens on small residential lots. SECTION (C) shall be amended as follows: Small Livestock and Foul. Small livestock and fowl may be kept in all single-family residential zoning districts subject to the following: 1. Minimum Lot Size. None 2. Maximum Number. a. RS-GR District. No limit. b. RS-54 and RS-54M Districts. Maximum of two head of small livestock and two fowl per ½ acre. c. All Other Single-Family Residential Zoning Districts. Maximum of two small livestock and two four foul per property. No roosters shall be allowed. 5

10 6. Increase % of RVs in MH Parks from 20% to 30%. This change allows a greater percentage of RVs in MH parks. SECTION (B) shall be amended as follows: Limitation on RVs in MHP District. No more than 20% 30% of the park spaces/lots in a MHP zoned park may be used for RVs. 7. Measuring Height. This change was added to clarify that the height measurement does not apply to certain structural exceptions. SECTION (C) (g) shall be amended as follows: Height is measured as the vertical distance from the finished grade adjacent to the structure to the highest point of any portion of a structure, unless excepted in Section The Zoning Administrator shall determine height measurements for sloping properties. 8. Setbacks for Accessory Structures Housing Livestock. These changes clarify that accessory buildings housing small and large livestock have special setback requirements. TABLE 5-2, footnote # 4 shall be amended as follows: Setbacks for Accessory Structures Housing Livestock. Accessory structures allowed to house large livestock (excluding equine) shall maintain a minimum side, rear and front setback of 50 feet. Accessory structures allowed to house small livestock and foul shall maintain a minimum side and rear setback of 15 feet. Structures housing equine and small livestock shall be subject to the standard accessory structure setback requirements in Table 5-2. See Section of this Ordinance regarding detailed regulations for accessory buildings, and Section of this Ordinance regarding additional regulations for housing of livestock. In no case shall an accessory structure (excluding equine horse shades) be located between the main building and the road frontage. Section (I) shall be created to read as follows: Setbacks for Accessory Structures Housing Livestock. Accessory structures allowed to house large livestock (excluding equine) shall maintain a minimum side, rear and front setback of 50 feet. Accessory structures allowed to house small livestock and foul shall maintain a minimum side and rear setback of 15 feet. Structures housing equine shall be subject to the standard accessory structure setback requirements in Table 5-2. See Section of this Ordinance regarding detailed regulations for accessory buildings, and Section of this Ordinance regarding additional regulations for housing of livestock. In no case shall an accessory structure (excluding equine horse shades) be located between the main building and the road frontage. 6

11 9. Minimum Street-Side Setback in Residential Districts. This change corrects an error in Table 5-2. TABLE 5-2 shall be amended as follows: The Minimum Street-Side setback should apply to all structures, not just main structures as parenthetically cited in the draft code. 10. Minimum Street-Side and Interior-Side Setbacks in Non-Residential Districts. This change corrects an error in Table 5-4. TABLE 5-4 shall be amended as follows: The Minimum Street-Side setback and Minimum Interior-Side setback for accessory structures in non-residential districts shall apply to all structures, not just main structures as parenthetically cited in the draft code. 11. Setbacks for MHs in MH Parks. This change provides reduced setbacks for MHs in MH parks as requested by a park manager. TABLE 5-2 and TABLE 9-1 shall be amended as follows: Front Setbacks shall be reduced from 8 feet to 5 feet and side setbacks shall be reduced from 5 feet to 3 feet. In no cases shall MHs be located within 6 feet of each other. 12. Setbacks for RVs in MH Parks. This change corrects an oversight in Table 5-2 and Table 9-1. TABLE 5-2 and TABLE 9-1 shall be amended as follows: Front, side and rear setbacks for RVs located in MH parks shall be 3 feet. In no cases shall RVs be located within 6 feet of each other. 13. Airports. This change corrects an oversight. Section (A) shall be amended as follows: Permit Required. Airports, airstrips, landing areas and helipads shall be permitted only as a CUP as provided in Table 5-1 and Table Helipads. This change corrects an oversight in Table 5-3. TABLE 5-3 shall be amended as follows: Helipads shall be added as a CUP in all non-residential zoning districts under Miscellaneous Uses in Table

12 15. Accessory Structure Height in RS-7 and RS-7M Districts. This change increases accessory building height in the RS-7 districts to better accommodate RV carport parking. TABLE 5-2 shall be amended as follows: Maximum height for accessory structures in the RS-7 and RS-7M zoning districts shall be increased from 15 feet to 20 feet 16. Accessory Structure Height in Non-Residential Districts. This change increases accessory building height in industrial and institutional districts to better accommodate mechanical operations (e.g., overhead cranes). TABLE 5-4 shall be amended as follows: Maximum height for accessory structures in the B-4, B-5 and PI zoning districts shall be increased from 20 feet to 35 feet. 17. Group Care Homes. This change clarifies the requirements for group homes in residential and nonresidential districts. Section (B), Section (B) (1) and Section (B) (2) shall be amended as follows: Requirements. Group Care homes are permitted in accordance with Table 5-1, subject to the following requirements: 1. Permit Required for Single-Family Residential Districts. An administrative use permit ( AUP ) shall be required prior to construction and/or operation of a group care home with 10 or less residents. This limitation does not include the operator of the facility, members of the operator's family or staff persons, except that the number of all persons living in the residential facility shall not exceed twelve. Group care homes with greater than 10 residents shall not be allowed. 2. Permit Required for Multi-Family Residential and Non-Residential Districts. A conditional use permit ( CUP ) shall be required prior to construction and/or operation of a group care home. The number of residents shall be subject to the conditions of the CUP. Maximum Residents. No more than ten residents are permitted per home. This limitation does not include the operator of the facility, members of the operator's family or staff persons, except that the number of all persons living in the residential facility shall not exceed twelve. 8

13 18. Temporary Uses. These changes correct errors. Section (A) (2) shall be deleted. Section (A) (2) (m) shall be amended as follows: Unless otherwise specified by the Zoning Administrator, hours of operation shall be limited from 8 a.m. to 11 p.m., daily, for temporary business uses. Section (A) (2) (r) shall be amended as follows: Temporary sanitary facilities for temporary business uses (i.e., porta-johns) may be allowed subject to proper permitting. 19. Landscaping in Utility Easements. This change clarifies landscaping in easements. Section (J) shall be amended as follows: Landscaping in Utility Easements. Landscaping planted in utility easements shall comply with the requirements established utilities company policy by the utility company policies. 20. Typo. This change corrects a typo error. Footnote # 4 in Table 5-4 should be amended as follows: Correct the typo to read Article. 21. Landscape Footnote. This change provides better clarification. Table 6-2 should include the following footnote (i.e., footnote # 1): See Section for mandatory screen wall requirements. 22. Height Exceptions. This change corrects an oversight. Section (A) shall be amended as follows: Include rooftop screening as a height exception. 23. Adult Oriented Businesses. This change corrects a loophole. The following definition of Adult Business Activity/Operation shall be amended as follows: ADULT LIVE ENTERTAINMENT ESTABLISHMENT. A business that offers any of the following entertainment during any part of any two or more days within any continuous 30 calendar day period: 9

14 a. Male or female adult services providers and employees who are nude or are in a state of nudity; b. Nude models; or c. Mud wrestling, wet T-shirt or other similar entertainment. 24. Charter School Prohibition. The proposed residential use regulations in Table 5-1 allow public and private schools as CUPs when not otherwise pre-empted by state law. The City Attorney has indicated, however, that state law does allow cities to prohibit charter schools on less than 1-acre properties in single-family residential zones. If the Commission desires this, the following footnote (i.e., footnote # 15) should be added to Table 5-1: Conditional use permit approval shall be required for public and private schools unless preempted by state law. Charter schools located on single-family zoned properties less than 1-acre in size shall be prohibited. 25. Stormwater Management. We continue to receive complaints from property owners regarding the negative impacts of unauthorized filling and/or construction within drainage easement areas. Since there appears to be no direct regulation regarding the enforcement of these issues, staff recommends creation of the following new regulation to manage this issue. Article 1-6 (Supplemental Regulations) shall be amended to create Section Stormwater Management as follows: STORMWATER MANAGEMENT. No structures, earthwork, filling or construction, and no landscape vegetation which would impede water flow, shall be allowed within established drainage ways, drainage easements or retention basins located in platted subdivisions, except as may be approved by the Development Services Engineer. 26. Definitions. These changes provide clarification. The following definitions shall be added to Article 1-17: Outdoor Business Activity/Operation. The outdoor fabrication, processing, manufacturing, repair or assembly of products in business zoning districts. Storage Yard: The outdoor storage of RVs, trucks and vehicles. 10

15 Proposed Zoning Ordinance Draft Map Revisions (3/4/14) The following revisions to the draft Zoning Ordinance maps dated February 1, 2014, are proposed for Planning and Zoning Commission review and consideration. 1. Property Located at 1407 S. Meridian Road. This property is currently zoned residential but operates as a legal nonconforming auto repair facility (i.e., Apache Junction Auto Care). The property owners have asked that the city rezone their property to B-1 commercial as part of the zoning code update. Commissioners are advised that this property is identified as residential in the Land Use Plan Map and the neighborhood surrounding it is generally developed as residential land use. Additionally, the property does not comply with a number of commercial zoning code standards. Nevertheless, if this rezoning is desired by the Commission, the following map change should be recommended: Property at 1407 S. Meridian is recommended for rezoning from current TH (residential trailer home) to proposed B-1/PD (general business with a PD overlay) subject to the property s parking surface, signage, landscaping, on-site storage and lighting being brought into conformance with applicable zoning code standards in the new code. 2. Property Located at 269 N. Winchester Road. After further examination, staff recommends that the following map change should be recommended: Property located at 269 N. Winchester Road is recommended from current TH (residential trailer home) to proposed MHP (manufactured home park). 11