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HomeMy WebLinkAbout2012 10.02 City Council Regular Agenda PLEASE FILL OUT A"REC. .ST TO SPEAK"FORM IF YOU WISH TO ADDRL THE COUNCIL AT CALL TO THE PUBLIC OR ON ANY NON-PUBLIC HEARING ITEM QACHE z City of Apache Junction Home of the Supetw tion ,Al ou11tai,Ys gRr14Nts APACHE JUNCTION CITY COUNCIL CITY COUNCIL CHAMBERS 300 EAST SUPERSTITION BOULEVARD APACHE JUNCTION,ARIZONA 85219 REGULAR MEETING AGENDA October 2, 2012 7:00 PM 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 items 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 Acceptance of Agenda. 2 Approval of Minutes of Regular Meeting of September 18,2012. 3 Consideration of approval of the Statement of Work with IBM COPLINK for software. COPLINK is an IBM software the police department desires to use to organize information from other law enforcement agencies which will assist in tactical,strategic and command level law enforcement decisions. Approval of the Statement of Work is the first step in allowing IBM to move forward with connecting the city's criminal intelligence resources with other valley agencies. The cost to the city is$3,600.00 with a grant paying for the remaining$25,000.00 in costs 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. 4. PROCLAMATION DESIGNATING OCTOBER 2012 AS"DOMESTIC VIOLENCE AWARENESS MONTH" Proclamation designating the month of October as"Domestic Violence Awareness Month" 5 PRESENTATION OF ARIZONA PARKS AND RECREATION ASSOCIATION'S(APRA)OUTSTANDING EDUCATION PROGRAM AWARD. Staff will present a video from the recent APRA awards dinner announcing the Apache Junction Parks and Recreation Department as the winner of this year's"Educational Program Award" 6 PRESENTATION OF 25-YEARS OF SERVICE WITH THE CITY OF APACHE JUNCTION AWARD TO DENNIS STEVENS OF THE CITY'S PARKS AND RECREATION DEPARTMENT 7 INTRODUCTION OF NEW DARE OFFICERS. Introduction of new DARE Officers F ANNOUNCEMENT OF CURRE► EVENTS. The Mayor or any member of Council may at this time present a brief summary of current events However,no discussion shall take place on such items except for clarifying comments related to substance,time and location 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 8. MANAGER'S REPORT. 9. PRESENTATION BY AND DISCUSSION WITH APACHE JUNCTION FIRE DISTRICT CHIEF PAUL BOURGEIOS REGARDING FIRE SAFETY. 10 PRESENTATION AND DISCUSSION ON QUARTERLY UPDATE ON THE DOWNTOWN REDEVELOPMENT AND IMPLEMENTATION STRATEGY, AND AN UPDATE FROM A REPRESENTATIVE OF MOUNTAIN HEALTH AND WELLNESS ON THE ECONOMIC IMPACT OF LOCATING THEIR INTEGRATED HEALTH CARE FACILITY IN THE DOWNTOWN The Downtown Redevelopment and Implementation Strategy adopted by the city council with the approval of Resolution No 10-34 recommends specific goals and strategies geared toward fostering revitalization in the downtown The Resolution requires staff to provide a quarterly update to the mayor and city council on the status of the items in the work plan and any suggested staff modifications thereto During this quarterly update,we will also hear from a representative from Mountain Health &Wellness,one of our downtown businesses with which we entered into a partnership that allowed us to introduce the very first segment of a main-street cross section in Apache Junction H PUBLIC HEARINGS. Public hearings required by applicable law shall be conducted by the Council and any person shall be given the opportunity to speak All remarks shall be addressed to the Council as a whole and not to any member thereof. Such remarks shall be limited to five(5)minutes unless additional time is granted by the Mayor This time limitation shall not apply to applicants and their agents appearing before the Council. 11 CONSIDERATION OF CONTINUATION OF THE LOCAL ALTERNATIVE EXPENDITURE LIMITATION- HOME RULE OPTION. This is the first of two required public hearings necessary for placement of the continuation of the Local Alternative Expenditure Limitation-Home Rule Option question on the March 12, 2013,city primary election ballot 12 PROPOSED ORDINANCE NO. 1385, CASE PZ-2-12, A PLANNED DEVELOPMENT MAJOR AMENDMENT REQUEST BY VILLAGIO ESTATES LLC, REPRESENTED BY HUDD HASSELL, AMENDING THE PREVIOUS DEVELOPMENT PLAN FOR VILLAGIO AND ALLOWING SINGLE-FAMILY HOMES AS A CONDITIONAL USE IN A MULTI-FAMILY ZONE. Ordinance No 1385 proposes to amend the development plan for the CR-5/PD-zoned property,by changing the plan for 42 townhome units to a plan for 37 detached single-family residences on small lots,allowed as a conditional use under the CR-5 base zone The preliminary and final plats will accompany this PD amendment request. 13. PROPOSED RESOLUTION NO. 12-31, CASE SD-1-12, A PRELIMINARY SUBDIVISION PLAT REQUEST BY VILLAGIO ESTATES LLC, REPRESENTED BY HUDD HASSELL, FOR A PROPOSED 37-LOT, SINGLE-FAMILY HOMES SUBDIVISION WITH PRIVATE STREETS AND RESIDENT AMENITIES,TO BE CALLED "VILLAGIO". Resolution No 12-31 proposes to approve the preliminary plat for the Villagio Subdivision with conditions, and in accordance with the planned development plan approved by Ordinance No 1385 This request accompanies case PZ-2-12 and can only be approved subject to approval of PZ-2-12(Ordinance No 1385) 14 PROPOSED RESOLUTION NO. 12-32, CASE SD-1-12, A FINAL PLAT APPROVAL REQUEST BY VILLAGIO ESTATES LLC, REPRESENTED BY HUDD HASSELL, FOR THE PROPOSED "VILLAGIO" SINGLE-FAMILY HOMES SUBDIVISION. Resolution No. 12-32 proposes to approve the final subdivision plat for Villagio,a proposed 37-lot single-family homes subdivision located on the south side of W 16th Avenue at the S Desert View Place alignment. This request accompanies and depends upon the PD plan approval (Ord No 1385)and the pre-plat approval(Res. No. 12-31). 15. CONSIDERATION OF VILLAGIO ESTATES LLC DEVELOPMENT AGREEMENT FOR 16TH AVENUE ROADWAY IMPROVEMENTS IN THE AMOUNT OF$790,000 00. This agreement serves two purposes 1) Memorializes 16th Ave adjacent improvements to Villagio Estates Subdivision,and 2) Enables connecting improvements to 16th Ave to enhance access to subdivision and improve roadway safety The developer is responsible for the 16th Ave.adjacent improvements costs as part of the subdivision requirements The city is responsible for the cost of the other improvements estimated at this time to be approximately$790,000.00 which is in the public works budget for the 16th Avenue street improvements west and east of the subdivision. 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. None. J. NEW BUSINESS. The Council shall consider any business not yet considered.No member of the public shall be permitted to speak on these items unless invited to do so by the Mayor after first submitting a written request-to-speak form with the City Clerk 16 ANNUAL BOARD AND COMMISSION APPOINTMENTS AND REAPPOINTMENTS Council interviewed applicants at the October 1 Work Session This item allows the council the opportunity to appoint or reappoint applicants to the Board of Adjustment,Library Board, Parks and Recreation Commission and Planning and Zoning Commission. K. COUNCIL DIRECTION TO STAFF. This item allows the Mayor and City Council to direct staff on specifically listed matters 17. DIRECTION TO STAFF REGARDING TEMPORARY USE REGULATIONS. Staff respectfully seeks council direction on possible changes to the city's downtown regulations regarding temporary uses L. SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES: 18• EXECUTIVE SESSION AT 5.45 P.M. AND WORK SESSION AT 7.00 P.M. FOR MONDAY, OCTOBER 15, 2012. 19. EXECUTIVE SESSION AT 5:45 P.M. FOR TUESDAY, OCTOBER 16, 2012. OTHER MEETINGS 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 that are not listed on the agenda 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 - ADJOURNMENT. Copies of this agenda and additional information regarding any of the items listed above may be obtained from the City Clerk's office' 300 East Superstition Boulevard,Apache Junction,AZ Monday through Thursdays,7.00a-6 OOp,excluding holidays If any person with a disability needs any type of accommodation,please notify the Human Resources Office,at (480)474-2617 or(480)983-0095(TDD)at least 72 hours prior to the scheduled time CITY COUNCIL REGULAR MEETING SEPTEMBER 18, 2012 The regular meeting of the City Council of the City of Apache Junction, Arizona, was held on September 18, 2012, at the Apache Junction City Council Chambers pursuant to the notice required by law. CALL TO ORDER Mayor Insalaco called the meeting to order at 7 : 10 p.m. INVOCATION Councilmember Wilson gave the Invocation. PLEDGE OF ALLEGIANCE Councilmember Serdy led the Pledge of Allegiance. ROLL CALL Councilmembers Present : Mayor Insalaco Vice Mayor Dietz Councilmember Barker Councilmember Evans Councilmember Serdy Councilmember Waldron Councilmember Wilson Staff Present : City Manager George Hoffman Assistant City Manager Bryant Powell City Clerk Kathleen Connelly City Attorney Joel Stern Public Safety Director Jerald Monahan Interim Public Works Director/City Engineer Giao Pham Others Present : Public Works Manager Shane Kiesow REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 18, 2012 PAGE 1 OF 11 ACCEPTANCE OF CONSENT AGENDA Vice Mayor Dietz MOVED THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED. Councilmember Waldron SECONDED THE MOTION. VOTE: Unanimous . The motion carried. ANNOUNCEMENT OF CURRENT EVENTS Councilmember Wilson commented on Saturday, September 8, he was in Queen Creek to observe their 9/11 event. He was impressed by what they did and they approached him about having another joint meeting between the two councils in the future . Councilmember Serdy requested all those who lost in the August election or were not being challenged in the November election to please take down their political signs . Councilmember Waldron commented Mayor Insalaco and he attended the blessing of another Habitat for Humanity house on September 8 . They helped to put up some walls. Councilmember Waldron announced the mayor, police chief and he attended a dinner to honor World War II veterans on Saturday night . The chief presented an Apache Junction man with a challenge coin; he received a purple heart 67 years late. Councilmember Evans commented last Saturday she had 24 youth and adult volunteers built 24 garden beds for Earth Heart Park in three hours . They hope to have the soil delivered next week. The shed is installed and they are now installing the solar sprinkler timer system. By October the landscaping should be in place. More time will be needed for the stage, the grass area and the kitchen for cooking demonstrations . Mayor Insalaco commented Pinal County Supervisor Clark Smithson was also at the Habitat for Humanity event helping with a hammer. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 18, 2012 PAGE 2 OF 11 ..... „ow AWARDS, PRESENTATIONS AND PROCLAMATIONS Ms . Amy Kempton gave a presentation on the First Things First Initiative, commenting on a site tour given to council members at Little Prospectors Child Care Center, the Pinal Regional Partnership Council investing in Apache Junction with the Quality First program, the renewal of the contract for the Family Fun Van, the Family Resource Guide, and the local means .•. and access report . She plans to have the latter sent to everyone once they have more available. Mayor Insalaco commented while Councilmembers Evans, Serdy and he were there they found out these are not daycare centers, they are learning centers with people who have done this for up to 18 years. Councilmember Evans stated it is a fabulous program, not only helping the children out but the workers have the potential to go to school and earn credits . Both sides learn. Councilmember Serdy stated he was amazed to learn that there are ten in the city participating in the program Assistant City Manager Bryant Powell stated the system is set up to allow for local boards . They are lucky to have Amy who has been with it the entire time and really helps those on the regional board. CITY MANAGER' S REPORT City Manager George Hoffman commented on Janine and he participating in the Chamber of Commerce' s strategic planning session, unused and expired prescription medication being a public safety issue and the police department having a drop off day on September 29, the Getting Arizona Involved in Neighborhoods event on October 20, a domestic violence candlelight vigil on October 24, a successful monitoring visit from the Arizona Department of Housing staff yesterday, and thanked the police department, the fire district, the public works department, the parks and recreation department and others in the public sector for their work in the recent rainstorms . REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 18, 2012 PAGE 3 OF 11 Councilmember Serdy asked if there is somewhere people can go to see where the stops will be for the Getting Arizona Involved in Neighborhoods event. Public Safety Director Jerald Monahan stated they would put something together this weekend. Interim Public Works Director/City Engineer Giao Pham gave an overview on the floodwater damage caused by recent storms and an update on road conditions. There was council discussion on the naming of washes, a pothole problem in the general vicinity of the Moose Lodge, the large dam by Prospector Park, and leaking underground storage tanks shown on the map. PUBLIC HEARINGS None. OLD BUSINESS None. NEW BUSINESS None. COUNCIL DIRECTION TO STAFF FILLING A VACANCY ON THE SUPERSTITION MOUNTAINS COMMUNITY FACILITIES DISTRICT Councilmember Waldron .•� declared a conflict of interest and left the council chamber. City Clerk Kathleen Connelly briefed the council on the item. Councilmember Barker commented she thought that when they talked about this earlier they were going to defer filling this one until there was another vacancy. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 18, 2012 PAGE 4 OF 11 Vice Mayor Dietz commented he did not remember that . He did not see why they would wait until there were two vacancies . Councilmember Barker commented she must have been mistaken. Vice Mayor Dietz commented he thought they were going to wait until they had their discussion and looked into the different things that were brought up. Mayor Insalaco commented he thought the last two positions that were filled would be right in line. He has not been happy with the service they have given. City Attorney Joel Stern stated he believed there was a discussion about the council wanting to assess some type of criteria for this board. They also directed the city manager and him to meet with the sewer board. There were some other issues that are not on the agenda tonight . Councilmember Serdy commented they have the leadership institute that trains people on how the city is run. He suggested having a mini-institute on board training and what is expected out of each board or commission. They could have it once a year if someone is interested in being on a board and how it would be good if they had these qualifications. It would give them a chance to study and prepare themselves better. They might not want to be on that AN. board if they have to do certain things . City Attorney Joel Stern commented after they select individuals he typically meets with them on open meeting law, public records acts and other case law involving municipalities . Usually it is within one or two months after they are on the board. He has done it with planning and zoning members, board of adjustment, library and he was invited to the parks and recreation commission to do a little session. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 18, 2012 PAGE 5 OF 11 Councilmember Barker commented he has not done the sewer board. City Attorney Joel Stern stated he has not because that is a different entity and they have a separate attorney. Councilmember Barker commented therein lies the whole rub. That is the problem. ,.sk Councilmember Serdy commented the city has to do it before they turn them over to the sewer district. Mayor Insalaco commented the council has the duty of presenting somebody to the board and nominating somebody to the board and that is as far as it goes . They hope to get somebody that will do the job but when they get there it seems they are being managed instead of managing. Vice Mayor Dietz asked if they have an orientation for the new board members . City Manager George Hoffman stated he does not know. Vice Mayor Dietz asked if Ed said anything about having an orientation for them during their discussion. He agreed with the mayor that the council appoints but they are directed by their director. Councilmember Wilson commented he thought they were supposed to give us some information on their procedures and what they are doing. City Attorney Joel Stern stated they are. He talked to Mr. Gregor the other day and he has received some information that he is going through. He hopes to have responses on those other issues soon. He did not say when, but knowing him it should be fairly soon. He acts pretty quickly. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 18, 2012 PAGE 6 OF 11 Vice Mayor Dietz commented they had discussed possibly having their board members or chair building up some criteria on what they are looking for so that the council would have more of an idea on who they would be interested in. If they are in the process of doing that, he would much rather wait and have that information before they appoint anyone. The council will at least have something in mind of what they are looking for. p Councilmember Wilson asked if they would be putting out a request for people to come forward before they appoint someone. Mayor Insalaco commented they have not done that yet . Councilmember Wilson commented the council needs to find out their desires . Vice Mayor Dietz commented if the council has that information from them on what kind of characteristics and what they are looking for the city can put that in with the advertising for the position. Mayor Insalaco commented if the council leaves it up to them, they will be putting someone on that they want . The council is trying to get somebody to control the situation and not be run by the district. City Attorney Joel Stern commented they had some brief conversations in the meeting with Mr. Grabek regarding qualifications. They did not get to the type of qualifications . He does not believe that was one of the questions on the list . Mayor Insalaco commented he thinks they need to do that . City Attorney Joel Stern stated they can send that to him and ask for that information if you would like their input on the type of qualifications they would like. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 18, 2012 PAGE 7 OF 11 Vice Mayor Dietz commented he thinks they should have that information before they go any further. Councilmember Barker commented one of the things that Mr. Stern referenced in his notes from their last meeting was that Mr. Grabek felt that the council did not have an appropriate understanding of what the sewer district does . The council needs that in order to appoint .-. an appropriate board member. The council needs to have the understanding he feels we lack. City Attorney Joel Stern stated he believed when he said that he added he would like to make a presentation to the council with himself, the attorney or even the chair person. He believes that is where he was going with that information. He also wants to give the council the reports from each month. Councilmember Barker commented she would like to see that presentation before the council determines any criteria . She does not feel like she is in a position to know their needs as well as she should in order to appoint someone for that board. Vice Mayor Dietz commented they would be a lot more informed after receiving that information. City Attorney Joel Stern stated he can communicate that to Mr. Gregor. Mayor Insalaco closed the discussion with no further comments and called for a motion. Councilmember Barker asked if the direction to staff needs to be the city attorney communicating that information to the district manager and await his answer. Vice Mayor Dietz added and ask him to set up a presentation. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 18, 2012 PAGE 8 OF 11 Councilmember Barker MOVED THAT THE FOLLOWING DIRECTION BE GIVEN TO STAFF REGARDING FILLING A VACANCY ON THE SUPERSTITION MOUNTAINS COMMUNITY FACILITIES DISTRICT: THAT STAFF CONTACT THE DISTRICT AND RELAY THE THOUGHTS THAT WE HAD TONIGHT, THAT WE WOULD LIKE TO HEAR THEIR PRESENTATION BEFORE WE DESIGN ANY KIND OF CRITERIA, IN ORDER TO PUT A NEW MEMBER ON BOARD. Councilmember Evans SECONDED THE MOTION. VOTE: Unanimous . The motion carried. Vice Mayor Dietz called Councilmember Waldron back into the council chambers . SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES Vice Mayor Dietz MOVED THAT AN EXECUTIVE SESSION AT 5 : 45 P.M. AND A WORK SESSION AT 7 : 00 P.M. BE HELD ON MONDAY, OCTOBER 1, 2012, IN THE CITY COUNCIL CONFERENCE ROOM AND CITY COUNCIL CHAMBERS, RESPECTIVELY; AND THAT AN EXECUTIVE SESSION AT 5 : 45 P.M. BE HELD ON TUESDAY, OCTOBER 2, 2012, IN THE CITY COUNCIL CONFERENCE ROOM. Councilmember Barker SECONDED THE MOTION. VOTE: Unanimous . The motion carried. CALL TO THE PUBLIC: Mr. Ray Blevins, 730 W. Southern, Apache Junction, addressed the council regarding stormwater flooding problems in his area. Mr. Hoke Holyoak, 1268 S. Lawson, Apache Junction addressed the council to thank the city for its quick response during the REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 18, 2012 PAGE 9 OF 11 flooding last week and suggested a solution to the flooding problem in his house . Councilmember Waldron directed public works to get together with Mr. Holyoak. Councilmember Barker directed staff to get with both gentlemen. Mayor Insalaco commented it is time he got some relief. —. ADJOURNMENT Mayor Insalaco adjourned the meeting at 8 : 05 p.m. Consent Agenda Items are as follows : 1 . Acceptance of Agenda. 2 . Approval of Minutes of Regular Meeting of September 4 , 2012 . ACCEPTED THIS 2ND DAY OF OCTOBER, 2012, BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA. SIGNED AND ATTESTED TO THIS 2ND DAY OF OCTOBER, 2012 . JOHN S . INSALACO Mayor ATTEST: KATHLEEN CONNELLY City Clerk CITY COUNCIL MINUTES CERTIFICATION REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 18 , 2012 PAGE 10 OF 11 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 18th day of September, 2012 I further certify that the meeting was duly called and held and that a quorum was present. Dated this 20th day of September, 2012 . KATHLEEN CONNELLY 4 City Clerk REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 18, 2012 PAGE 11 OF 11 (,?ACHE ° City of Apache Junction ,Norm o/"the Sliper:ctrtion Mountains 4a,roto` Print TO: City Manager's Office FROM• Jerald Monahan, Chief of Police DATE: October 2, 2012 .genda Type : Regular Agenda Council Priority Focus Area: Public Safety TITLE OF AGENDA ITEM: Consideration of approval of the Statement of Work with IBM COPLINK for software. ACTION REQUESTED: Recommendation for Approval DISCUSSION /BACKGROUND INFORMATION: COPLINK is an IBM software the police department desires to use to organize information from other law enforcement agencies which will assist in tactical, strategic and command level law enforcement decisions Approval of the Statement of Work is the first step in allowing IBM to move forward with connecting the city's criminal intelligence resources with other valley agencies. The cost to the city is $3,600.00 with a grant paying for the remaining $25,000.00 in costs. FISCAL IMPACT: Budgeted Expenditure OPTIONS/ALTERNATIVES: .ECOMMENDATION: Approval. ATTACHMENTS: Click to download Ask ROLL CALL VOTE NOTES: „if fvkb , ITEM # ? MEETING OF / 4vAii MOTION BY: � ( SECONDED BY YES NO ABSTAINED COUNCILMEMBER WALDRON V COUNCILMEMBER EVANS COUNCILMEMBER SERDY V o likki COUNCILMEMBER BARKER COUNCILMEMBER WILSON VICE MAYOR DIETZ MAYOR INSALACO UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL CONSENT AGENDA ITEMS NO. 1-3 I MOVE THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED, AND THAT APPROVAL BE GIVEN FOR THE STATEMENT OF WORK WITH IBM COPLINK FOR SOFTWARE FOR THE POLICE DEPARTMENT WITH THE COST TO THE CITY BEING$3,600 00 AND THE REMAINING COST OF $21,400.00 COMING FROM A GRANT. PpA.CHf✓G _ "nQ C,zty of Apache Junction U " Z Home of the Supet:itltioit Alotaaatains Print TO: City Manager's Office FROM: Jerald L. Monahan, Chief of Police DATE: October 2, 2012 .►genda Type : Regular Agenda Council Priority Focus Area: TITLE OF AGENDA ITEM: PROCLAMATION DESIGNATING OCTOBER 2012 AS "DOMESTIC VIOLENCE AWARENESS MONTH" ACTION REQUESTED: DISCUSSION / BACKGROUND INFORMATION: Proclamation designating the month of October as "Domestic Violence Awareness Month". FISCAL IMPACT: OPTIONS/ALTERNATIVES: RECOMMENDATION: ATTACHMENTS: Click to download u Proclamation 1 rt rottamatton DOMESTIC VIOLENCE AWARENESS MONTH OCTOBER 2012 Whereas, during their lifetime,an estimated I in 3 women will experience AIilk domestic violence; and Whereas, Arizona experienced 103 domestic violence related deaths in 2011, and Whereas, domestic violence in any community may exist as a hidden,silent,and often unrecognized reality that is often not reported to authorities, and Whereas, there is a need to challenge the assumptions made about domestic violence,become proactive in preventing domestic violence and hold offenders accountable; and Whereas, the City of Apache Junction,the Apache Junction Police Department, the Community Alliance Against Family Abuse(CAAFA)and other agencies,organizations and state coalitions across Arizona and the nation are committed to preventing domestic violence by promoting prevention awareness campaigns,educating the community and advocating for victim's rights NOW,THEREFORE,I,John Insalaco,Mayor of the City of Apache Junction, Arizona,do hereby proclaim October 2012 as DOMESTIC VIOLENCE AWARENESS MONTH in Apache Junction and urge all citizens to work together to prevent domestic violence Signed and attested to this day of ,2012. JOHN INSALACO Mayor ATTEST: KATHLEEN CONNELLY City Clerk Q otACHEvo "° �'i✓f o c�claeJunction Home ol the .S upci:citioii \l ountartts ...._.....,) Print TO: City Manager's Office FROM: Jamie Sullivan, MGC Manager DATE: October 2, 2012 .genda Type : Regular Agenda Council Priority Focus Area: TITLE OF AGENDA ITEM: PRESENTATION OF ARIZONA PARKS AND RECREATION ASSOCIATION'S (APRA) OUTSTANDING EDUCATION PROGRAM AWARD ACTION REQUESTED: Information Only (No discussion) DISCUSSION/ BACKGROUND INFORMATION: Staff will present a video from the recent APRA awards dinner announcing the Apache Junction Parks and Recreation Department as the winner of this year's "Educational Program Award" FISCAL IMPACT: Budgetary Approval Not Required OPTIONS/ALTERNATIVES: 4ECOMMENDATION: ATTACHMENTS: Click to download No Attachments Available „R AC He"olio zo2 City of Apache junction Home of the Superstition aloulrtciins 4R11014' Print TO: City Manager's Office FROM: Mayor John Insalaco DATE: October 2, 2012 agenda Type : Regular Agenda Council Priority Focus Area: TITLE OF AGENDA ITEM: PRESENTATION OF 25-YEARS OF SERVICE WITH THE CITY OF APACHE JUNCTION AWARD TO DENNIS STEVENS OF THE CITY'S PARKS AND RECREATION DEPARTMENT. ACTION REQUESTED: DISCUSSION / BACKGROUND INFORMATION: FISCAL IMPACT: OPTIONS/ALTERNATIVES: RECOMMENDATION: ATTACHMENTS: Click to download No Attachments Available ..... ..... p,4ACHf✓ Gyci C ity o_f p ache Junction Home of the Superstition Mountains 4Rizoto` Print TO: City Manager's Office FROM: Jerald L. Monahan, Chief of Police DATE: October 2, 2012 ,genda Type : Regular Agenda Council Priority Focus Area: Public Safety TITLE OF AGENDA ITEM: INTRODUCTION OF NEW DARE OFFICERS ACTION REQUESTED: DISCUSSION/ BACKGROUND INFORMATION: Introduction of new DARE Officers. FISCAL IMPACT: OPTIONS/ALTERNATIVES: ECOMMENDATION: ATTACHMENTS: Click to download No Attachments Available � PQA (v �- City o_f'Apache Junction Home of the Superstition .1-1oiintwns Print TO: City Manager's Office FROM: George Hoffman, City Manager DATE: October 2, 2012 Agenda Type : Regular Agenda Council Priority Focus Area: TITLE OF AGENDA ITEM: MANAGER'S REPORT. ACTION REQUESTED: DISCUSSION / BACKGROUND INFORMATION: FISCAL IMPACT: OPTIONS/ALTERNATIVES: RECOMMENDATION: ATTACHMENTS: Click to download No Attachments Available 4, PgACHf✓G `b- City of Apache Junction z Home of the .r uperstitior1 ;1.1 o111rtdlfls Print TO: City Manager's Office FROM: Bryant Powell, Assistant City Manager DATE: October 2, 2012 ,.genda Type : Regular Agenda Council Priority Focus Area: TITLE OF AGENDA ITEM: PRESENTATION BY AND DISCUSSION WITH APACHE JUNCTION FIRE DISTRICT CHIEF PAUL BOURGEIOS REGARDING FIRE SAFETY. ACTION REQUESTED: DISCUSSION/ BACKGROUND INFORMATION: FISCAL IMPACT: OPTIONS/ALTERNATIVES: RECOMMENDATION: ATTACHMENTS: Click to download No Attachments Available PpAckf�G z �zty o,f Apache Junction Home of the .S upe;slitton Mountains gRr10N* Print TO: City Manager's Office FROM: Bryant Powell, Assistant City Manager DATE: October 2, 2012 .genda Type : Regular Agenda Council Priority Focus Area: Community Development TITLE OF AGENDA ITEM: PRESENTATION AND DISCUSSION ON QUARTERLY UPDATE ON THE DOWNTOWN REDEVELOPMENT AND IMPLEMENTATION STRATEGY, AND AN UPDATE FROM A REPRESENTATIVE OF MOUNTAIN HEALTH AND WELLNESS ON THE ECONOMIC IMPACT OF LOCATING THEIR INTEGRATED HEALTH CARE FACILITY IN THE DOWNTOWN. ACTION REQUESTED: Presentation and Discussion DISCUSSION / BACKGROUND INFORMATION: The Downtown Redevelopment and Implementation Strategy adopted by the city council with the approval of Resolution No 10-34 recommends specific goals and strategies geared toward fostering revitalization in the downtown The Resolution requires staff to provide a quarterly update to the mayor and city council on the status of the items in the work plan and any suggested staff modifications thereto During this quarterly update, we will also hear from a representative from Mountain Health & Wellness, one of our downtown businesses with which we entered into a partnership that allowed us to introduce the very first segment of a main-street cross section in Apache Junction. FISCAL IMPACT: OPTIONS/ALTERNATIVES: RECOMMENDATION: ATTACHMENTS: Click to download No Attachments Available PUBLIC HEARING 1. For CONSIDERATION OF CONTINUATION OF THE LOCAL ALTERNATIVE EXPENDITURE LIMITATION—HOME RULE OPTION 2. Will CITY CLERK KATHLEEN CONNELLY speak to the Council? 3. Will the applicant or spokesperson please speak to the Council on this item? 4. Is there anyone from the public who wishes to speak on this item? (Are there any "Request to Speak" forms?) 5. If not,this hearing is closed. 6. Is there any discussion? 7. Call for a motion. 8. Call for a second. 9. Roll call vote. Pp AC He City of Apache Junction 2 Home of/he .S uper:stttion .l•l otintrain.i• ARiZoNt+ Print TO: City Manager's Office FROM: Kathy Connelly, City Clerk DATE: October 2, 2012 .Agenda Type : Regular Agenda Council Priority Focus Area: Required by Federal Law or State Statute TITLE OF AGENDA ITEM: CONSIDERATION OF CONTINUATION OF THE LOCAL ALTERNATIVE EXPENDITURE LIMITATION - HOME RULE OPTION. ACTION REQUESTED: Presentation and Discussion DISCUSSION/ BACKGROUND INFORMATION: This is the first of two required public hearings necessary for placement of the continuation of the Local Alternative Expenditure Limitation - Home Rule Option question on the March 12, 2013, city primary election ballot. FISCAL IMPACT: Budgetary Approval Not Required OPTIONS/ALTERNATIVES: -'ECOMMENDATION: ATTACHMENTS: Click to download ❑ cover memo ❑ population and base limitation ❑ cover memo ❑ home rule II SEPTEMBER 19, 2012 MEMORANDUM TO. HONORABLE MAYOR AND CITY COUNCIL MEMBERS THROUGH. GEORGE R HOFFMAN, CITY MANAGER FROM: KATHLEEN CONNELLY, CITY CLERK ,t,// SUBJECT. AGENDA ITEM FOR OCTOBER 2, 2012 — REQUIRED PUBLIC HEARING ON PROPOSED CONTINUATION OF THE LOCAL ALTERNATIVE EXPENDITURE LIMITATION (HOME RULE OPTION) • As part of the process of placing the continuation of the local alternative expenditure limitation (home rule option) before city voters, the council must conduct two public hearings on the proposal in order to obtain community input Immediately following the second public hearing, the council must convene in a special meeting and take an actual vote on placing the measure on the ballot The dates for the public hearings are Tuesday, October 2, 2012, at 7.00 p m in conjunction with the regular council meeting scheduled for that date, and Tuesday, October 16, 2012, at a combination special/regular meeting that will convene at 7.00 p.m., with the public hearing taking place as part of the regular meeting agenda and the special meeting portion specifically for the purpose of the official vote on the measure An affirmative vote of two-thirds of the council is required to refer the measure to the voters. All of these procedures are mandated by Article IX, Section 20, Subsection 9 of the Arizona State Constitution and Arizona Revised Statutes Section 41-563 01 Please contact me if you have any questions on the public hearing or election procedures Format Document Page 1 of 1 ARS TITLE PAGE NEXT DOCUMENT PREVIOUS DOCUMENT 41-563.01. Notification of vote by governing board In the event of a vote by the governing board of any political subdivision pursuant to article IX, section 20, Constitution of Arizona, for the purpose of authorizing expenditures in excess of the prescribed limitations or for proposing an alternative spending limitation, the governing board shall: 1. Prior to the vote hold two public hearings on the proposed action. Notice of such hearings shall be published once a week for at least two consecutive weeks in a newspaper of general circulation in the applicable political subdivision. Immediately following the second public hearing, the governing board shall convene a special meeting and vote on the proposed excess expenditure. 2. Following the vote, a notice shall be published in a newspaper of general circulation within the political subdivision. The notice shall contain the following: (a) A record of the vote. (b) If approved, the amount of the expenditures which exceed the amount allowed pursuant to article IX, section 20, subsection (1), Constitution of Arizona. (c) If approved a statement of the purpose or purposes for which the excess expenditures will be expended and the source of revenues to be used to finance the excess expenditures http//www.azleg.gov/FormatDocument asp9format=print&inDoc=/ars/4 1/00563-01 htrn& 9/18/2012 JULY 1, 1978 POPULATIONS AND 1979-80 BASE LIMITATIONS 1978 1979-80 1978 1979-80 City/Town City/Town Population Base Limitation Population Base Limitation Apache Junction 9,500 $ 1,581,484 Nogales 11,740 3,245,377 Avondale 6,900 1,525,417 Oro Valley 1,475 272,317 Benson 3,925 1,317,815 Page* 4,375 4,954,381 Bisbee 6,860 1,625,337 Paradise Valley* 10,425 5,213,966 Buckeye 3,175 1,048,270 Parker 2,485 1,145,364 Bullhead City 13,830 5,493,553 Patagonia 925 213,500 Camp Verde 5,650 2,072,112 Payson 4,305 1,267,280 Carefree* 1,744 1,642,262 Peoria* 10,500 18,247,857 Casa Grande 14,100 3,743,397 Phoenix 717,000 229,200,625 Cave Creek 2,025 656,393 Pima* 1,465 275,000 Chandler 23,500 7,245,951 Pinetop-Lakeside 2,635 1,214,814 Chino Valley 2,400 255,094 Prescott 19,250 8,495,931 Clarkdale 1,200 255,616 Prescott Valley 1,520 380,054 Clifton* 4,515 1,656,956 Quartzsite 2,115 974,825 Colorado City* 1,730 987,191 Queen Creek 2,525 818,277 Coolidge 6,775 1,530,413 Safford 6,200 5,484,597 Cottonwood 4,200 1,105,601 Sahuanta 1,629 713,697 Dewey-Humboldt 3,428 375,802 St Johns 4,100 819,104 Douglas 12,600 4,067,476 San Luis 1,690 724,909 Duncan 700 177,389 Scottsdale* 83,000 43,861,444 Eagar 2,450 627,268 Sedona 7,050 2,960,687 El Mirage 4,025 774,680 Show Low 3,800 1,443,667 Eloy 6,300 1,419,813 Sierra Vista* 24,050 10,055,882 Flagstaff* 32,000 17,022,966 Snowflake 3,000 741,469 Florence 3,175 714,110 Somerton 3,540 681,742 Fountain Hills* 10,190 3,302,273 South Tucson 6,275 1,879,168 Fredonia 850 329,695 Springerville 1,400 678,299 Gila Bend 1,575 684,678 Star Valley 2,255 774,113 Gilbert* 4,250 2,346,450 Superior 4,700 682,763 Glendale* 84,000 67,955,628 Surprise 3,550 474,998 Globe 6,550 2,436,186 Taylor 1,740 245,508 Goodyear* 2,500 4,125,000 Tempe* 102,000 65,579,379 Guadalupe 4,300 549,792 Thatcher* 3,170 1,860,674 Hayden 1,200 408,838 Tolleson 4,190 966,494 Holbrook 5,450 2,585,121 Tombstone 1,600 508,007 Huachuca City 1,690 317,153 Tucson 311,400 138,097,586 Jerome 395 132,688 Tusayan 606 470,573 Kearny 2,665 950,057 Weilton* 900 460,150 Kingman 8,745 4,426,488 Wickenburg* 3,300 1,805,966 Lake Havasu City 13,000 4,211,119 Willcox 2,985 10,497,909 Litchfield Park* 3,835 1,242,818 Williams 2,100 1,254,501 Mammoth 1,960 425,048 Winkelman 1,010 183,579 Marana 1,425 202,239 Winslow 7,725 4,995,579 Mancopa* 3,790 10,601,417 Youngtown 2,100 559,874 Mesa 130,000 54,090,640 Yuma 34,500 15,663,245 Miami 2,615 $ 878,262 *Received approval from voters for permanent base adjustment 10 ) V. ** ! ; W n F • 1. r4.44e-4/"" '54'?'2441 '4'. ,I'' '....* 44",4•4"..6 -,..,„. , - , 7,,, ,,,,i, 4, ,„,,,„, 4;:'' Fl 'K. ` a � .. ''....!::-1!1; r: 3 k y § � 04 •r rM *^ # te'"a . '` a �r,LaY �2 v a j t, .v 1 y :C::;;": ' '''::k li arch 2kg ' s r 4,,,,,,„,,,,,,,,i;t71,,,,k ...: r S S • E ` '' ie �Mry k • „- MIS F��rv� o- :ft 1•r• �`� "�. 0/„.".*',4***4t4,'.." . 1/,‘ : .. � � , � )4.... Presented by Bryant Powell ;, ,,.,.., ,, "''' Assistant City Manager ,k .4 M1..�,,� ,z+, .�,fy c+trk `yn^c e<Cn„dC+� .Rfix`?.•f%i,<tt• + 4 ¢•"`¢4- a rC 5"0 ''''' ° „,./,,,,,, ,- - ... . . 'e'"- E S�:s'y �ii:�.j r '� qv Ha ti �� t A{:f , ,., • a,.. : o • :u v ,. ,Sx v mv' • .s FS v ,v �;5.,.w <..•...� pS;f.' :a"asv�.:+ ,,i:v ' 10. *:" 4 Home Rule is an option under which citizens and the city council they elect make budget decisions for Apache Junction at "home" rather than using a state imposed limitation. Home Rule does not authorize the city to levy new taxes nor does it give the city any additional powers. o This election occurs every four years. The next one is on March 12, 2013. 1 u 1n 4.., ac ` o u Submitted to voters in 1980 by the state t legislature limit the annual expenditures of all Arizona cities and towns by a formula based off 1979-19$0. tlx:`1,c!*j I?e'€€3��"rj I.€Y.x €€.. An adjustment for population growth and inflation is added to the base year. Base year is foundation upon which all future budget adjustments are made. • ear: L.f'.^e>y :, _ ' _i;. !:'.Z, .�+. lz=fib.ems.,:c.cc�i :^?'js;�r. w. .-,vim ,+!�'„.' 'a..-A.a. '���.tx? w7.,<C ,. .aScbv#`, W,'r,a' „4'it,-41- `�,',�&s`:'�1� t »3?�w"`0.`b`r+: oa^��# ''�- �; "Z`"+a�.s� ;'.'�'i' �i: 3 Home Rule Apache Junction is unique to the base year as it was the city's first full fiscal year. It was not a typical year as we were just starting out. We had a small population and a small annual ##t #,,#, ## ## budget. i#,�., ... �#.�'#siE#:fie ��M�.�i1�#"1.#fie 0. For example, there was no money budgeted for library services in 1979-1980. For library { services today, the state imposed limitation would allow zero dollars for those services. ..a a T _. .- r ,_.�.,,S-...-.:.7 LN5,,J,C.,.„... ... > , '. � :��5r ,_�Utia +.Z�. 8L�Aa`' c�1._=ki�ZY�..�t�u,3'E SSs��7V4\tT'a�s��.€_�r4affi¢::.,a 'S(,.'a h:. ,k ... ... ar Effects of H ` ule ein Renewed by vote It will not negatively affect the city's budget. o The city is already required by the state to produce a balanced budget. ok It does allow the city to spend General Fund dollars it already has for essential programs and services such as police, parks and recreation , library and services for all ages. f I The city will be required to produce its annual budget using the state imposed formula in which inflation and population growth does not match ti our current needs and demands for services ��.,� . The city will necessitate a reduction equal to 1 /3 of its General Fund over the next four years. v .. This reduction in expenditures amounts to $8,936,408.00 for Fiscal Year 2012-2013. This would be an approximate amount of $36,000,000.00 over a four year period. .-. 1/4V s Yti Y°'' � «K_a Am Ilk ITEM NO. 11 PUBLIC HEARING ONLY-NO ACTION AT THIS TIME PUBLIC HEARING 1. For PROPOSED ORDINANCE NO. 1385, EASE PZ-2-12,A PLANNED MAJOR AMENDMENT REQUEST BY VILLAGIO ESTATES LLC, REPRESENTED BY HUDD HASSELL, AMENDING THE PREVIOUS DEVELOPMENT PLAN FOR VILLAGIO AND ALLOWING SINGLE-FAMILY HOMES AS A CONDITIONAL USE IN A MULTI-FAMILY ZONE 2. Will SENIOR PLANNER RUDY ESQUIVIAS speak to the Council? 3. Will the applicant or spokesperson please speak to the Council on this item? 4. Is there anyone from the public who wishes to speak on this item? (Are there any "Request to Speak" forms?) 5. If not, this hearing is closed. 6. Is there any discussion? 7. Call for a motion. 8. Call for a second. 9. Roll call vote. PPpCHE 4110 City 2 of Apache junction Nome of.tbe Supe/:c/ttion Mountains gR1jQNh Print TO: City Manager's Office FROM: Rudy Esquivias, Senior Planner/Zoning Admin. DATE: October 2, 2012 Agenda Type : Regular Agenda Council Priority Focus Area: Additional Item Outside Scope of Identified Council Priorities TITLE OF AGENDA ITEM: PROPOSED ORDINANCE NO 1385, CASE PZ-2-12, A PLANNED DEVELOPMENT MAJOR AMENDMENT REQUEST BY VILLAGIO ESTATES LLC, REPRESENTED BY HUDD HASSELL, AMENDING THE PREVIOUS DEVELOPMENT PLAN FOR VILLAGIO AND ALLOWING SINGLE-FAMILY HOMES AS A CONDITIONAL USE IN A MULTI-FAMILY ZONE. ACTION REQUESTED: Recommendation for Approval DISCUSSION / BACKGROUND INFORMATION: Ordinance No. 1385 proposes to amend the development plan for the CR-5/PD-zoned property, by changing the plan for 42 townhome units to a plan for 37 detached single-family residences on small lots, allowed as a conditional use under the CR-5 base zone. The preliminary and final plats will accompany this PD amendment request. FISCAL IMPACT: Budgetary Approval Not Required OPTIONS/ALTERNATIVES: 7onfng Ordinance Requirement RECOMMENDATION: The Planning and Zoning Commission recommended approval of the PD amendment request by a vote of 4-1 with conditions ATTACHMENTS: Click to download PZ-2-12-SD-1-12 Council Memo l] Draft Ord. No. 1385 D PZ Staff Report 7-24-12 � pGMEJ p� U I,-- City of Apache Junction QAfv,),, Development Services Department Date: September 20, 2012 To. Honorable Mayor and City Council Members Through. George Hoffman, City Manager Brad Steinke, Development Services Director From. Rudy Esquivias, Senior Planner/Zoning Admin Subject PZ-2-12/SD-1-12 Villagio Subdivision Background Villagio Estates LLC, represented by Hudd Hassell, has applied for a Planned Development (PD) major amendment, preliminary and final subdivision plat approval to redesign and plat the Villagio property from the previously approved plan for 42 townhome units into 37 single- family homes. The +/-4-gross-acres property is located on the south side of W. 16th Avenue at the S. Desert View Place alignment The current underlying zoning on the property, CR-5/PD (Multi-family Residences by Planned Development), is not being changed; and the CR-5 base zone does allow single-family homes as a conditional use. Because the CR-S/PD zoning is pre- existing, there are no minor or major General Plan amendment issues involved. Planning and Zoning Commission Recommendation On July 24th, the Planning and Zoning Commission held a public hearing regarding the development plan and preliminary plat (see P&Z staff report and exhibits attached). After much discussion, the Commission voted to recommend approval of both the PD amendment, with all recommended conditions, and the preliminary plat, with all recommended conditions plus one, by a vote of 4 to 1. The dissenting vote was cast because of concerns that the lots and setbacks are too small (too much in too small a space); that the homes are too close together, that resident and guest parking will become an issue; safety concerns, etc. The Commissioner did not feel that this was a quality project. Staff and the developer commented that no negative reviews or concerns had been expressed by the reviewing agencies, including the Fire District, especially with regard to health and safety One neighbor spoke at the public hearing and his concern had mainly to do with the possibility of kids jumping the wall at the play area in the southeast corner area of the subdivision. As part of their recommendation of approval, the Commission added a condition that the developer raise the height of the east side wall at the play area by one course to try and mitigate the AM lk• neighbor's concern So, the wall adjacent to the play area will be about 7 feet high instead of 6 feet high. Council Work Session of August 6, 2012 At their work session on August 6th, staff presented to Council the PD amendment case, the pre-plat and the first submittal of the final plat. Councilmembers also expressed concerns ,,,., similar to those of the Commission, but generally seemed receptive to the proposed in-fill development. The Council also conveyed that they wanted to see the three items (PD amendment, pre-plat and final plat), plus the development agreement for the extra off-site improvements on 16th Avenue, presented to them all together on the same night for consideration. To that end, City Planning, Engineering, and Legal staff have been working diligently with the developer and his engineers and legal staff to finalize the improvement plans and the development agreement The City Attorney will present the development agreement. With regard to the final plat and improvement plans, Planning and Engineering feel that the project is ready for administrative approvals. Please see the proposed ordinance for the PD amendment, and the resolutions for the pre and final plats attached. Please note that the final plat can be approved by Council at this time, but a few final items will need to be received by the City before the final plat can be recorded Attachments - Draft Ordinance No 1385 - Draft Pre-plat Resolution No 12-31 - Draft Final Plat Resolution No 12-32 - PZ Staff Report from July 24,2012,with application,vicinity map,and aerial map - PD plans,pre-plat submittal and final plat map(these last three large format attachments NOT included as electronic attachments) .n. ORDINANCE NO. 1385 AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, APPROVING A PLANNED DEVELOPMENT MAJOR AMENDMENT CASE PZ-2-12, FOR A 4-GROSS ACRES, CR-5/PD (MULTI-FAMILY RESIDENCES BY PLANNED DEVELOPMENT) -ZONED PROPERTY, KNOWN AS "VILLAGIO", PREVIOUSLY APPROVED BY ORDINANCE NO. 1331 AND LOCATED ON THE SOUTH SIDE OF W. 16TH AVENUE AT THE S. DESERT VIEW PLACE ALIGNMENT, BY AMENDING THE DEVELOPMENT PLAN FOR THE PROPERTY; AND APPROVING A CONDITIONAL USE PERMIT TO ALLOW DETACHED SINGLE-FAMILY HOMES IN THE CR-5 BASE ZONE; REPEALING ANY CONFLICTING PROVISIONS; AND PROVIDING FOR SEVERABILITY. WHEREAS, all previously approved rezonings, conditions of approval and conceptual plans for "Villagio" on the subject property, pursuant to Planned Development rezoning case PZ-3-06 (Ordinance No. 1268, approved on May 16, 2006) , and Planned Development rezoning case PZ-5-08 (Ordinance No. 1331, approved on January 20, 2009) , are hereby made null and void by this current Planned Development amendment case PZ-2-12 and ordinance, except that the property retains its current CR-5/PD zoning and the development will retain the name, "Villagio", and WHEREAS, on July 24, 2012 the Apache Junction Planning and Zoning Commission voted 4-1 to recommend approval of Planned Development major amendment case PZ-2-12, subject to the submitted conceptual Planned Development plans and the conditions prescribed herein, including the allowance of single-family homes in a multi- family zoning district as a conditional use, and WHEREAS, the City Council hereby determines that the proposed - Planned Development major amendment conforms to all of the general criteria as specified in Section 1-15-9 CR-5 Multiple Family Residence Zone and Section 1-19 Planned Development Zoning District of the Apache Junction Zoning Ordinance, including integration with the surrounding neighborhood, adequate traffic accommodation, adequate public facilities, extension of infrastructure, and that the design and uses should result in enhancements to the social, built, and natural environments in the City; and WHEREAS, the CR-5/PD zoning on the 4-acre property continues to represent a minor amendment to the Apache Junction General Plan, as defined therein. ORDINANCE NO. 1385 PAGE 1 OF 6 Ilk NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF APACHE JUNCTION, ARIZONA, AS FOLLOWS: SECTION I IN GENERAL That a planned development major amendment for the parcel of land legally described as: The North 660 feet of the Southwest quarter of Section 30, Township 1 North, Range 8 East of the Gila and Salt River Base and Meridian, Pinal County, Arizona; Except the West 1980 feet and the East 330 feet thereof; and Except any portion lying within the following described parcel : Commencing at the Center of said Section 30, being marked with a cotton picker spindle (1/2 inch diameter rebar recorded) and from which point the West 4 corner (being marked with a brass cap in a hand hole) bears South 89 Degrees 54 Minutes 22 Seconds West, 2631 . 20 feet distant therefrom; Thence South 89 Degrees 54 Minutes 22 Seconds West, 651 . 19 feet (South 89 Degrees 55 Minutes 40 Seconds West, 651. 13 feet recorded) , along the North line of the Southwest quarter of said Section 30 to a point on the East line of the West 1980 feet of said Southwest quarter; Oftik Thence South 00 Degrees 00 Minutes 40 Seconds West, 460 . 00 feet (South 00 Degrees 01 Minutes 47 Seconds West recorded) , along said East line to the Point of Beginning; Thence North 89 Degrees 59 Minutes 51 Seconds East, 113 . 95 feet (South 89 Degrees 58 Minutes 51 Seconds East, 113. 93 feet recorded) , to a point on a non-tangent curve concave Northeasterly, the radius point of which bears North 78 Degrees 09 Minutes 26 Seconds East (78 Degrees 10 Minutes 44 Seconds recorded) , 50 . 00 feet; ORDINANCE NO. 1385 PAGE 2 OF 6 Thence along a curve to the left having a central angle of 98 Degrees 40 Minutes 26 Seconds, a radius of 50 . 00 feet and an arc length of 86. 11 feet; Thence South 20 Degrees 31 Minutes 00 Seconds East, 174 . 09 feet (South 20 Degrees 29 Minutes 42 Seconds East, 174 . 00 feet recorded) , to a point on the South line of the North 660 feet of said Southwest quarter; Thence South 89 Degrees 54 Minutes 22 Seconds West, 241 . 47 feet (South 89 Degrees 55 Minutes 33 Seconds West, 241 . 14 feet recorded) , along said South line to a point on the East line of the West 1980 feet of said Southwest quarter, Thence North 00 Degrees 00 Minutes 40 Seconds East, 200 . 00 feet (North 00 Degrees 01 Minutes 47 Seconds East, 199. 93 feet recorded) , along said East line to the Point of Beginning. be and hereby is approved, subject to the following conditions of approval 1) Street improvements along the property' s 16th Avenue frontage, such as extension of pavement and the provision of sidewalk, curb, gutter, streetlights, fire hydrants, landscaping, retention areas, etc. , normally required for CR-S-zoned properties, shall be required as part of this planned development project, subject to approval by the City Engineer. Additional off-site improvements along 16th Avenue may be negotiated with the developer as part of a separate development agreement 2) Xeriscape landscaping shall be provided throughout the development as illustrated on the submitted conceptual landscape plan. The swimming pool and playground amenity areas shall be shaded for the mitigation of summer heat by drought-tolerant, low-water using trees. A complement of either 24" box Ironwoods or 24" box Rio Salado Mesquites shall be used in these amenity areas, with the Ironwood representing the first choice as it is slow growing, and the Mesquite as a secondary option as it is resistant to high winds and is a good shade tree. ORDINANCE NO 1385 PAGE 3 OF 6 p 3) The perimeter of the development adjacent to 16th Avenue shall be landscaped in accordance with the city' s Landscape and Screening Requirements, except that all required trees shall be 24" box and all required shrubs shall be 5-gallon shrubs . A decorative masonry wall shall also complement the 16th Avenue streetscape to reduce traffic noise and to screen the development from the road. 4) The proposed homes shall include southwestern architectural features as illustrated in the City' s Design Guidelines and in the submitted elevations, and shall offer ground mounted air conditioning units and architectural treatments on all four sides of the buildings so as to preclude flat or blank facades, including pop-outs and roofline and color variations to add visual interest Buildings taller than one story shall not be located closer than 33 feet to the east or west property lines 5) All applicable permits shall be applied for and plans shall be designed to current City codes prior to any lot grading or construction on the lots . Inclusively, all applicable development fees shall be paid at the time of permits issuance on a per-building basis 6) The preliminary and final plats shall reflect substantial compliance and consistency with the Planned Development concepts presented with case PZ-2-12, incorporated by reference herein, and as otherwise specified through these conditions of approval, to Amok include general layout, setbacks, public and private rights-of-ways, easements and tracts, building massing, amenities, perimeter and interior walls, model types, landscaping and other improvements . 7) The rear yard patios shall be covered patios and shall at no time hereafter be enclosed. 8) All common areas, amenity areas, and tracts within and immediately adjacent to the proposed development, ORDINANCE NO. 1385 PAGE 4 OF 6 including perimeter buffer walls and interior and exterior common area landscaping, shall be owned and maintained in good condition at all times by the owners or homeowners association of the proposed subdivision. 9) Unobstructed right of ingress and egress shall be provided at all times to anyone wishing to access parcel 102-18-002B, before, during and after the construction of the development. Said right of ingress and egress shall be the responsibility of the owners of Villagio and their agents, contractors, etc 10) The east wall adjacent to the play area at the southeast corner area of the subdivision shall be 7' in height SECTION II REPEALING ANY CONFLICTING PROVISIONS: All ordinances and parts of ordinances in conflict with the provisions of this ordinance are hereby repealed SECTION III PROVIDING FOR SEVERABILITY: If any section, sub-section, sentence, phrase, clause or portion of this ordinance, or any part of the code adopted herein by reference, is for any reason held to be invalid or unconsti- tutional 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 , 2012 . SIGNED AND ATTESTED TO THIS DAY OF , 2012 . JOHN INSALACO Mayor ATTEST: KATHLEEN CONNELLY City Clerk ORDINANCE NO. 1385 PAGE 5 OF 6 _ i APPROVED AS TO FORM: RICHARD JOEL STERN City Attorney ORDINANCE NO. 1385 PAGE 6 OF 6 .•. O� nA `( City of Apache Junction 4RlZO°P Development Services Department PLANNING AND ZONING COMMISSION PUBLIC HEARING STAFF REPORT _ DATE: July 24, 2012 CASE NUMBER: PZ-2-12/SD-1-12 APPLICANT/OWNER: Villagio Estates, LLC REPRESENTATIVE• Hudd Hassell REQUEST: An application requesting a Planned Development (PD) Major Amendment and new preliminary plat for the proposed "Villagio" development. The new PD plan proposes to redesign and plat the property from the previously approved plan for 42 townhome units, into 37 single-family units, allowed as a conditional use under the CR-5 base zone. LOCATION: On the south side of W. 16th Avenue, west of Delaware, at the S. Desert View Place alignment. GENERAL PLAN/ ZONING DESIGNATION: Medium Density Residential at 1 to 6 dwelling units per acre. The property is currently zoned CR-5/PD (Multi-family Residences/Townhomes by Planned Development) . SURROUNDING USES: North: Superstition View MH Subdivision (zoned TH-Trailer Homesites) South: Single-family residence (zoned TH) and Meridian Manor Subdivision (zoned TH/PD) East: Manufactured home lots (zoned TH) West: Superstition Meadows MH Subdivision (zoned TH) PZ-2-12/SD-1-012 (Villagio Estates LLC/Hassell) PAGE 2 OF 11 BACKGROUND The original 5 gross acres property was part of the city' s original incorporated area and was zoned Pinal County' s TH AMbk (Trailer Homesites) zone at the time of incorporation. In 1990, the site was the subject of a proposed rezoning from TH to CR- 3MH (case PZ-6-90) by applicants Lawien and Pucket, who wanted to establish zoning for the purpose of platting an 18-lot manufactured home subdivision similar to the one next door (Superstition Meadows) . The rezoning required a minimum 6-1 vote of the Council because of numerous protest petitions received from the neighborhood. A vote of 3-3 ultimately failed the rezoning. Mr. Lawien later built the house that exists now in the southwest corner area of the property. Years later, he split off said southwest corner area for the purpose of selling that piece of the property. This action created an illegal land- locked parcel (102-18-002B) . In 2005, when the new owner of parcel 002B made application for a permit, the permit was denied because of the parcel' s illegal status. Mr. Lawien (who still owned parcel 102-18-002A) was required at that time to apply for the creation of a private access way. On March 1, 2005, the Council approved Resolution No. 05-11, approving the private access way down the center of parcel 002A finally giving parcel 002B legal and perpetual access to 16th Avenue. About one year later, the new owners of parcel 002A, Cliff Axt r and Terry Galloway, applied to rezone said parcel from TH to CR- 4/PD for a proposed 21-lot courtyard homes subdivision, cases PZ-3-06/SD-2-06. Pursuant to Ordinance No. 1268 and Resolution No 06-16, the rezoning and preliminary plat requests for "Villagio at Apache Junction" were approved In May of 2007, Mr. Axt requested from Council, and was granted, a one year time extension for the filing of the final plat. Ultimately, the owners opted to sell the property to another ownership group, 16th Avenue LLC. In 2008, pursuant to cases PZ-5-08/SD-1-08 (Ordinance No. 1331/Resolution No. 08-40) , 16th Avenue LLC rezoned the property to CR-5/PD and changed the development plan and pre-plat from a plan for 21 courtyard homes to 42 townhome units . Unfortunately, around this time the economy was going bad and the project was not realized, ultimately reverting back to the Lawien family. AdmIlk PZ-2-12/SD-1-012 (Villagio Estates LLC/Hassell) PAGE 3 OF 11 PROPOSAL Attached please find vicinity and aerial maps for the subject property along with new PD plans and a preliminary plat for the re-design of Villagio into a 37-unit single-family homes subdivision. The overall layout is similar in many respects to the previous Villagio plans in that there is one main street down the center of the development, with driveways to either side of it accessing the homes . However, whereas the previous plans had the driveways accessing garages at the backs of the homes and the fronts of the homes facing each other, separated by landscaped common courtyards, this new plan has the driveways accessing the garages at the fronts of the homes Instead of landscaped courtyards in front of the homes, the developer proposes to use a product called Grasspave, which is actual grass and a base support material designed to be driven over and capable of holding the weight of a fire truck. This Grasspave will provide a green area in front of the homes, lessening the heat island effect, and also allowing for some water absorption. The internal lots are also designed in a "Z" shape which will allow for the staggering of the garages . Some Commissioners may recall a similar design we observed on our tour of master planned communities a few years ago. Agritopia (located at the northwest corner area of Higley and Ray, in Gilbert) uses this "Z" lot design. The backs of the homes will have wall-enclosed small yards backing up to each other. '`. The two required parking spaces for the homes will be provided within the building envelope of the units themselves (except Model E, see below) and guest parking will be permitted along one side of Desert View Place. No parking of vehicles shall be permitted in the Grasspave areas . There will be 5 home models offered. Model A is the only single-story home and Model D (of which only two will be offered) is designed with a one car garage and one tandem space. Model A is the smallest home with about 1176 square feet livable and Model B is the largest with about 1884 square feet livable. The other three units range in between. Two open space amenity areas will be provided for the homeowners as well . Amk PZ-2-12/SD-1-012 (Villagio Estates LLC/Hassell) PAGE 4 OF 11 The subdivider will also be required to provide all standard subdivision improvements, including the widening and improvement of 16th Avenue with asphalt, sidewalk, curb, gutter, street- lights, fire hydrants, and street frontage landscaping. Peri- meter walls, on-site retention and internal landscaping will also be required. Planning Staff Analysis and Findings Relationship to General Plan - The subject site and all of the surrounding area is designated as "MD" Medium Density Residential, ranging from 1-6 dwelling units per acre (du/ac) , on the city' s General Plan. The previous rezoning for the 42-unit townhomes project, which was processed under the city' s former General Plan, was approved with a minor General Plan amendment to allow the project to have a higher density (about 10 5 du/ac) . This project (going from 42 units to 37 units) proposes a decrease in density to about 9 25 du/ac. Because the zoning is not changing in this current case, there are no major or minor General Plan amendment issues involved. Zoning/Site Context: The 4 acre subject parcel is currently zoned CR-5/PD as mentioned in the background information The site is bordered by a manufactured homes subdivision to the west, a manufactured and conventional homes gated subdivision to the south, and two more areas zoned for manufactured homes to north and east sides rmt. of the property Please note that properties which are zoned TH (excluding rental space MH parks) may be developed with either conventional homes or manufactured homes, with a maximum building height of 25 feet Planned Development Request: Planned Development deviations are being requested for the lot area, lot width and setbacks proposed for Villagio. Listed below are the specific development standards for CR-5 as stated in the Apache Junction Zoning Ordinance, and a comparison as to how the proposed development pattern at Villagio deviates from the CR-5 standards. Please also note that even though CR-5 is basically a multi-family zoning district, single-family homes are allowed therein as a conditional use and/or in this case, by Planned Development: — PZ-2-12/SD-1-012 (Villagio Estates LLC/Hassell) PAGE 5 OF 11 • The City of Apache Junction Zoning Ordinance, Section 1-15-9, states that parcels within a CR-5 zone must normally meet a minimum lot area of 10, 000 net square feet, with one dwelling unit allowed for every 2, 000 square feet of lot area. Villagio proposes small single-family lots, with the smallest lot in Villagio (Lot 37) proposed to be around 2068 square feet and the largest lot (Lot 17) proposed at around 3655 square feet. (A similarly designed development in the City is Arizona Goldfield on the west side of S. Cortez Road, on the south side of US60 . ) • 70' minimum lot widths are normally required for CR-5 lots. This development proposes minimum lot widths of about 29' . • Maximum lot coverage by all buildings is stated as 50% in a CR-5 zone. Villagio proposes a maximum lot coverage percentage of about 40% . • Section 1-15-9-6 (A) states that parcels within a CR-5 zone may allow structures with a maximum height of 25' , except that 2-story structures are not allowed within 50' of a neighboring single-family zone. This development proposes structures at a height of 25' , but the 2-story portions of the structures will not be within 33' of a perimeter property line/neighboring single-family zone. • Section 1-15-9-7 addresses setback requirements as being 25' in the front, 35' in the rear, and 10' on the sides . Villagio proposes minimum setbacks of 3' from interior property lines (6' between structures) and 10' from perimeter property lines to the west and east. The homes along S. Desert View Place are proposed at a zero setback. The garages will be staggered at 5' and 35' . Because of the deviations listed above, a Planned Development process is necessary for this development. Villagio features 37 site-built homes designed in a Southwestern aesthetic using a pallet of earth tone colors, regional design features and 4-sided architectural detailing. The subdivision will feature 1- and 2-story models, but the models on the west and east sides of the subdivision shall have a "step-up" type of design so that the 2-story impact of the units is not immediately adjacent to the 1-story units which surround the property. Although, should surrounding properties be redeveloped under their existing zoning, they too could be constructed with 2-story homes (25' building heights) . PZ-2-12/SD-1-012 (Villagio Estates LLC/Hassell) PAGE 6 OF 11 W. 16th Avenue along the property frontage will be required to be fully improved and dedicated as a public street, while Desert View Place will be a gated private street owned and maintained by a HOA. The possibility of additional street improvements on 16th Avenue to the west and east of the property frontage are being negotiated separately through a development agreement. Desert View Place will be 26' -1" across, which is the minimum acceptable to the Fire District for access with parking on one side of the street. Individual Grasspave driveways will provide access to the homes . Staff will require that the CC&R' s prohibit the use of garages for storage that would impede the ability to park two cars, and restrict parking within the Grasspave driveways . All internal private streets will be perpetually maintained by the future HOA. Small enclosed yards with patios are included with each home (see revised pre-plats dated 7/17/12 attached) . Landscaping is proposed along S. Desert View Place as well as in the front yard areas of the homes . The landscaping along 16th Avenue will comply with the Apache Junction Landscape and Screening Requirements, with all landscaping maintenance being the responsibility of the HOA. The development will feature both passive and active recreation areas including a shade ramada by the swimming pool, barbeque and picnic area, and accent landscaping. There is also a children' s play structure, shaded benches, and a turf play area. Public Input . The applicants conducted their public participation neighborhood meeting at the city' s multi-gen center on June 21, but no neighbors showed up for the meeting according to Mr. Hassell . Planning and Zoning Commission Work Session At their work session on July 10, while the Commissioners seemed generally pleased with the aesthetic qualities of the proposed homes and the infill development, they also expressed a few concerns, including: that perhaps too much was being proposed in too small a space; that the 6-foot separation distances between the homes were insufficient, perhaps 10 feet instead; concern about water usage in the Grasspave areas; and the singular access in and out, especially in an emergency situation. Staff conveyed these concerns to Mr. Hassell /s PZ-2-12/SD-1-012 (Villagio Estates LLC/Hassell) PAGE 7 OF 11 Mr. Hassell pointed out that Villagio' s previous PD plan and pre-plat was for 42 units in a very similar layout. This plan for 37 units actually represents a decrease to the density that is already approved The singular access is the same cul-de-sac design as before and is acceptable to the Fire Marshall in terms ^, of an emergency situation. Mr. Hassell also pointed out that the previous design was for townhomes with zero setbacks between units. The 6' distance (3' foot to a property line) is the minimum that the International Residential Code allows without having to construct firewalls, which is an added expense. Staff Recommendation As in the previous proposals for Villagio, Staff notes that numerous planned development deviations are being requested for this very unique tailor made project. As such and within the context of trade-offs for the requested deviations, staff respectfully recommends to the Commission that they include the following conditions of approval as part of a favorable recommendation to the City Council. RECOMMENDED MOTION FOR PLANNED DEVELOPMENT AMENDMENT I move that the Planning and Zoning Commission recommend to the Apache Junction City Council the (APPROVAL/DENIAL) of planned development major amendment case PZ-2-12, a request by Villagio Estates, LLC, represented by Hudd Hassell, to amend the plan of development for the CR-5/PD-zoned property located on the south /11 side of W. 16th Avenue at the S. Desert View Place alignment, from a plan for 42 townhome units to a plan and preliminary plat for 37 single-family homes, allowed as a conditional use, subject to the following conditions of approval: 1) Street improvements along the property' s 16th Avenue frontage, such as extension of pavement and the provision of sidewalk, curb, gutter, streetlights, fire hydrants, landscaping, retention areas, etc. , normally required for CR-5-zoned properties, shall be required as part of this planned development project, subject to approval by the City Engineer. Additional off-site improvements along 16th Avenue may be negotiated with the developer as part of a separate development agreement IOW AM\ PZ-2-12/SD-1-012 (Villagio Estates LLC/Hassell) PAGE 8 OF 11 2) Xeriscape landscaping shall be provided throughout the development as illustrated on the submitted conceptual landscape plan. The swimming pool and playground amenity areas shall be shaded for the mitigation of summer heat by drought-tolerant, low-water using trees . A complement of either 24" box Ironwoods or 24" box Rio Salado Mesquites shall be used in these amenity areas, with the Ironwood representing the first choice as it is slow growing, and the Mesquite as a secondary option as it is resistant to high winds and is a good shade tree. 3) The perimeter of the development adjacent to 16th Avenue shall be landscaped in accordance with the city' s Landscape and Screening Requirements, except that all required trees shall be 24" box and all required shrubs shall be 5-gallon shrubs . A decorative masonry wall shall also complement the 16th Avenue streetscape to reduce traffic noise and to screen the development from the road. 4) The proposed homes shall include southwestern architectural features as illustrated in the City' s Design Guidelines and in the submitted elevations, and shall offer ground mounted air conditioning units and architectural treatments on all four sides of the buildings so as to preclude flat or blank facades, including pop-outs and roofline and color variations to add visual interest. Buildings taller than one story shall not be located closer than 33 feet to the east or west property lines . 5) All applicable permits shall be applied for and plans shall be designed to current City codes prior to any lot grading or construction on the lots. Inclusively, all applicable development fees shall be paid at the time of permits issuance on a per-building basis 6) The preliminary and final plats shall reflect substantial compliance and consistency with the Planned Development concepts presented with case PZ-2-12, incorporated by reference herein, and as otherwise specified through these conditions of approval, to include general layout, setbacks, public and private rights-of-ways, easements and tracts, building massing, PZ-2-12/SD-1-012 (Villagio Estates LLC/Hassell) PAGE 9 OF 11 amenities, perimeter and interior walls, model types, landscaping and other improvements. 7) The rear yard patios shall be covered patios and shall at no time hereafter be enclosed. 8) All common areas, amenity areas, and tracts within and immediately adjacent to the proposed development, including perimeter buffer walls and interior and exterior common area landscaping, shall be owned and maintained in good condition at all times by the owners or homeowners association of the proposed subdivision. 9) Unobstructed right of ingress and egress shall be provided at all times to anyone wishing to access parcel 102-18-002B, before, during and after the construction of the development. Said right of ingress and egress shall be the responsibility of the owners of Villagio and their agents, contractors, etc RECOMMENDED MOTION FOR PRELIMINARY PLAT I move that the Planning and Zoning Commission recommend to the Apache Junction City Council the (APPROVAL/DENIAL) of a preliminary plat, case SD-1-12, a request by Villagio Estates, LLC, represented by Hudd Hassell to create a preliminary subdivision plat for the proposed Villagio Subdivision, located e on the south side of W. 16th Avenue at the S. Desert View Place alignment, subject to the following conditions of approval: 1) All conditions of approval for the CR-5/PD-zoned property as approved pursuant to planned development major amendment case PZ-2-12 shall govern the design and subsequent improvements of the Final Subdivision Plat. 2) Within one year of Preliminary Subdivision Plat approval, the developers shall submit for formal review, the Final Subdivision Plat and improvement plans for the proposed subdivision. PZ-2-12/SD-1-012 (Villagio Estates LLC/Hassell) PAGE 10 OF 11 3) Street improvements along 16th Avenue, including but not limited to, the extension of pavement and the provision of sidewalks, curbs, gutters, streetlights, fire hydrants, Ask landscaping, etc. , shall be designed and constructed according to the City of Apache Junction Engineering Guidelines . Possible additional off-site street improvements along 16th avenue shall be negotiated separately through a development agreement. 4) The Conditions, Covenants and Restrictions for Villagio shall also include provisions to address the following: prohibitions on owners using garages for personal storage to the extent that two normal passenger vehicles cannot be accommodated in them at all times; prohibiting the parking of personal or guest vehicles in the Grasspave driveways; establishing a uniform system for garbage pick-up and mail- delivery, and establishing clear rules for the "use and benefit" easements 5) South Desert View Place shall be shown on the Final Plat as a private street, owned and maintained by the Homeowners Association for Villagio. Said street shall relinquish and replace the 28-foot wide private access way created pursuant to Resolution No. 05-11 for the benefit and enjoyment of the existing residents and guests of parcel 102-18-002B. 6) The residents and guests of parcel 102-18-002B, adjacent to and at the southwest corner area of the site shall be allowed unrestricted ingress and egress to their property during construction . Said residents shall also have the right to use the private street for perpetual ingress, egress and utility purposes subsequent to its construction, including access thereto through any gates for Villagio. 7) Street-side landscaping, a buffer wall and an access driveway cut shall be provided in the private street adjacent to and to the north of parcel 102-18-002B This case is tentatively scheduled for City Council work session on Monday, August 6, 2012; and for public hearing by the City Council on Tuesday, August 21, 2012 . eN PZ-2-12/SD-1-012 (Villagio Estates LLC/Hassell) PAGE 11 OF 11 Prepared by Rudy Esquivias Senior Planner Attachments Exhibit #1 - Application for PZ-2-12 Exhibit #2 - PZ-2-12 Vicinity Map Exhibit #3 - Aerial image of property and surrounding neighborhood Exhibit #4 - Villagio PD Concept Plans Exhibit #5 - SD-1-12 Proposed Preliminary Plat (dated 7-17-12) ROLL CALL VOTE NOTES: votut • 'mil' 10 ITEM # MEETING OF ()1 MOTION BY: ' SECONDED BY: YE NO ABSTAINED COUNCILMEMBER EVANS C B VICE MAYOR DIETZ COUNCILMEMBER WALDRON COUNCILMEMBER SERDY V COUNCILMEMBER WILSON V MAYOR INSALACO UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL \,. Ask ROLL CALL VOTE NOTES �� aiyV \\C\j ITEM # MEETING OF \tiY\\ ()`,W MOTION BY SECONDED BY YES NO ABSTAINED COUNCILMEMBER WALDRON V COUNCILMEMBER EVANS COUNCILMEMBER SERDY • CO f COUNCILMEMBER WILSON VICE MAYOR DIETZ ✓ MAYOR INSALACO UNANIMOQS IN FAVOR OPPOSED ABSTAINED TOTAL ITEM NO. 12 I MOVE THAT ORDINANCE NO. 1385 BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. (Call upon the city clerk to read Ordinance No. 1385 by title only Majority vote required ) I MOVE THAT ORDINANCE NO. 1385, AS READ BY THE CITY CLERK, (BE APPROVED AND ADOPTED) OR(BE DENIED). I MOVE THAT ORDINANCE NO. 1385, AS READ BY THE CITY CLERK, BE APPROVED AND ADOPTED WITH THE FOLLOWING AMENDMENTS. PUBLIC HEARING 1. For PROPOSED RESOLUTION NO. 12-31,CASE SD-1-12,A PRELIMINARY PLAT REQUEST BY VILLAGIO ESTATES LLC,REPRESENTED BY HUDD HASSELL, FOR A PROPOSED 37-LOT, SINGLE-FAMILY HOMES SUBDIVISION WITH PRIVATE STREETS AND RESIDENT AMENITIES,TO BE CALLED "VILLAGIO" 2. Will SENIOR PLANNER RUDY ESQUIVIAS speak to the Council? 3. Will the applicant or spokesperson please speak to the Council on this item? 4. Is there anyone from the public who wishes to speak on this item? (Are there any "Request to Speak" forms?) 5. If not,this hearing is closed. 6. Is there any discussion? 7. Call for a motion. 8. Call for a second. 9. Roll call vote. C.......) HE✓Gf, * �- City of Apache Junction zJoan' of the Supei:ctition :tloiintcllil.cN Print TO: City Manager's Office FROM: Rudy Esquivias, Senior Planner/Zoning Admin. DATE: October 2, 2012 Agenda Type : Regular Agenda Council Priority Focus Area: Additional Item Outside Scope of Identified Council Priorities TITLE OF AGENDA ITEM: PROPOSED RESOLUTION NO. 12-31, CASE SD-1-12, A PRELIMINARY SUBDIVISION PLAT REQUEST BY VILLAGIO ESTATES LLC, REPRESENTED BY HUDD HASSELL, FOR A PROPOSED 37-LOT, SINGLE-FAMILY HOMES SUBDIVISION WITH PRIVATE STREETS AND RESIDENT AMENITIES, TO BE CALLED "VILLAGIO" ACTION REQUESTED: Recommendation for Approval DISCUSSION / BACKGROUND INFORMATION: Resolution No 12-31 proposes to approve the preliminary plat for the Villagio Subdivision with conditions, and in accordance with the planned development plan approved by Ordinance No. 1385. This request accompanies case PZ-2-12 and can only be approved subject to approval of PZ-2-12 (Ordinance No 1385) FISCAL IMPACT: Budgetary Approval Not Required OPTIONS/ALTERNATIVES: ?onrng Ordinance Requirement RECOMMENDATION: The Planning and Zoning Commission recommended approval of the pre-plat request by a vote of 4-1, with conditions ATTACHMENTS: Click to download Ll Draft Res No. 12-31 RESOLUTION NO. 12-31 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, APPROVING A NEW PRELIMINARY SUBDIVISION PLAT FOR THE "VILLAGIO" SUBDIVISION, IN CASE SD-1-12, BY VILLAGIO ESTATES, LLC, REPRESENTED BY HUDD HASSELL. WHEREAS, the subdivider in Case SD-1-12 proposes to subdivide Pinal County Assessor Parcel Number 102-18-002A, approximately 4 gross acres, into 37 residential lots for single-family homes, pursuant to Arizona Revised Statutes ("A R S ") Title 9, Chapter 4, Article 6.2, and pursuant to the Apache Junction City Code, Volume II, Land Development Code, Chapter 1, Zoning Ordinance, Section 1-15-9, CR-5 Multiple- Family Residence Zone, Article 1-19 Planned Development Zoning District, and Chapter 2, Subdivision Regulations; and WHEREAS, all previously approved preliminary subdivision plats and conditions of approval for "Villagio" on the subject property, pursuant to subdivision case SD-2-06 (Resolution No. 06-16, approved on May 16, 2006) , and subdivision case SD-1-08 (Resolution No. 08-40, approved on January 20, 2009) , are hereby made null and void by this current preliminary subdivision plat case SD-2-12, except that the property will retain the name, "Villagio"; and WHEREAS, on July 24, 2012, the Planning and Zoning Commission held a public hearing regarding the preliminary plat for Case SD-1-12 and recommended approval of Case SD-1-12 by a vote of 4-1; and WHEREAS, on October 2, 2012, the Mayor and City Council of AN. the City of Apache Junction approved Ordinance No. 1385 which approved a new Planned Development plan for the CR-5/PD (Multiple-family Residences by Planned Development) -zoned property and allowed the construction of single family homes as a conditional use in the CR-5 base zone; and WHEREAS, this Council finds this preliminary subdivision plat to be in compliance with the Apache Junction City Code, Volume II, Land Development Code, Chapter 1, Zoning Ordinance and Chapter 2, Subdivision Regulations, and Ordinance No. 1385, which approved the concept plan for the property; and RESOLUTION NO. 12-31 PAGE 1 OF 5 p WHEREAS, the property is legally described as follows : The North 660 feet of the Southwest quarter of Section 30, Township 1 North, Range 8 East of the Gila and Salt River Base and Meridian, Pinal County, Arizona; Except the West 1980 feet and the East 330 feet Aar thereof; and Except any portion lying within the following described parcel: Commencing at the Center of said Section 30, being marked with a cotton picker spindle (1/2 inch diameter rebar recorded) and from which point the West corner (being marked with a brass cap in a hand hole) bears South 89 Degrees 54 Minutes 22 Seconds West, 2631 20 feet distant therefrom, Thence South 89 Degrees 54 Minutes 22 Seconds West, 651 . 19 feet (South 89 Degrees 55 Minutes 40 Seconds West, 651 . 13 feet recorded) , along the North line of the Southwest quarter of said Section 30 to a point on the East line of the West 1980 feet of said Southwest quarter; Thence South 00 Degrees 00 Minutes 40 Seconds West, 460 . 00 feet (South 00 Degrees 01 Minutes 47 Seconds West recorded) , along said East line to the Point of Beginning; Am. Thence North 89 Degrees 59 Minutes 51 Seconds East, 113 . 95 feet (South 89 Degrees 58 Minutes 51 Seconds East, 113. 93 feet recorded) , to a point on a non- tangent curve concave Northeasterly, the radius point of which bears North 78 Degrees 09 Minutes 26 Seconds East (78 Degrees 10 Minutes 44 Seconds recorded) , 50 . 00 feet; Thence along a curve to the left having a central angle of 98 Degrees 40 Minutes 26 Seconds, a radius of 50 . 00 feet and an arc length of 86 11 feet; RESOLUTION NO. 12-31 PAGE 2 OF 5 Thence South 20 Degrees 31 Minutes 00 Seconds East, 174 . 09 feet (South 20 Degrees 29 Minutes 42 Seconds East, 174 . 00 feet recorded) , to a point on the South line of the North 660 feet of said Southwest quarter; Thence South 89 Degrees 54 Minutes 22 Seconds West, 241 . 47 feet (South 89 Degrees 55 Minutes 33 Seconds West, 241 . 14 feet recorded) , along said South line to a point on the East line of the West 1980 feet of said Southwest quarter; Thence North 00 Degrees 00 Minutes 40 Seconds East, 200 00 feet (North 00 Degrees 01 Minutes 47 Seconds East, 199. 93 feet recorded) , along said East line to the Point of Beginning. NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council of the City of Apache Junction, Arizona, that. The preliminary subdivision plat for "Villagio" Townhomes Subdivision, Case SD-1-12, is approved subject to the following conditions : 1) All conditions of approval for the CR-5/PD-zoned property as approved pursuant to planned development major amendment case PZ-2-12 shall govern the design and subsequent improvements of the Final Subdivision Plat. 2) Within one year of Preliminary Subdivision Plat approval, the developers shall submit for formal review, the Final Subdivision Plat and improvement plans for the proposed subdivision. 3) Street improvements along 16th Avenue, including but not limited to, the extension of pavement and the provision of sidewalks, curbs, gutters, streetlights, fire hydrants, landscaping, etc. , shall be designed and constructed according to the City of Apache Junction Engineering Guidelines . Possible additional off-site street improvements along 16th avenue shall be negotiated separately through a development agreement. 4) The Conditions, Covenants and Restrictions for Villagio shall also include provisions to address the following. RESOLUTION NO. 12-31 PAGE 3 OF 5 prohibitions on owners using garages for personal storage to the extent that two normal passenger vehicles cannot be accommodated in them at all times; prohibiting the parking of personal or guest vehicles in the grasspave driveways; establishing a uniform system for garbage pick-up and mail- delivery; and establishing clear rules for the "use and benefit" easements . 5) South Desert View Place shall be shown on the Final Plat as a private street, owned and maintained by the Homeowners Association for Villagio. Said street shall relinquish and replace the 28-foot wide private access way created pursuant to Resolution No. 05-11 for the benefit and enjoyment of the existing residents and guests of parcel 102-18-002B. 6) The residents and guests of parcel 102-18-002B, adjacent to and at the southwest corner area of the site shall be allowed unrestricted ingress and egress to their property during construction. Said residents shall also have the right to use the private street for perpetual ingress, egress and utility purposes subsequent to its construction, including access thereto through any gates for Villagio. 7) Street-side landscaping, a buffer wall and an access driveway cut shall be provided in the private street adjacent to and to the north of parcel 102-18-002B. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS DAY OF , 2012 SIGNED AND ATTESTED TO THIS DAY OF , 2012 . JOHN S . INSALACO Mayor ATTEST. KATHLEEN CONNELLY City Clerk RESOLUTION NO. 12-31 PAGE 4 OF 5 APPROVED AS TO FORM: RICHARD J. STERN City Attorney RESOLUTION NO. 12-31 PAGE 5 OF 5 ROLL CALL VOTE NOTES: Yi 1 ITEM # v/ MEETING OF VL ,^j I � Vv� MOTION BY: SECONDED BY: YES NO ABSTAINED COUNCILMEMBER W ILSON COUNCILMEMBER SERDY COUNCILMEMBER WALDRON VICE MAYOR DIETZ V COUNCILMEMBE R E COUNCLMEMBER EVANS MAYOR INSALACO UNANIMpUS IN FAVOR OPPOSED ABSTAINED TOTAL �� Aft. Oak AIN /� p ITEM NO. 13 I MOVE THAT RESOLUTION NO 12-31,A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, APPROVING A NEW PRELIMINARY SUBDIVISION PLAT FOR THE"VILLAGIO" SUBDIVISION, IN CASE SD-1-12, BY VILLAGIO ESTATES, LLC,REPRESENTED BY HUDD HASSELL, (BE APPROVED) OR(BE DENIED). PUBLIC HEARING 1. For PROPOSED RESOLUTION NO. 12-32, CASE SD-1-12,A FINAL PLAT APPROVAL REQUEST BY VILLAGIO ESTATES LLC,REPRESENTED BY HUDD HASSELL, FOR THE PROPOSED "VILLAGIO" SINGLE-FAMILY HOMES SUBDIVISION 2. Will SENIOR PLANNER RUDY ESQUIVIAS speak to the Council? 3. Will the applicant or spokesperson please speak to the Council on this item? 4. Is there anyone from the public who wishes to speak on this item? (Are there any "Request to Speak" forms?) 5. If not, this hearing is closed. 6. Is there any discussion? 7. Call for a motion. 8. Call for a second. 9. Roll call vote. ....... ....... PpACHF✓ G ° y�- City of Apaclhe Junct ion U Z Home o f the .S uperitition 1 oiiiit sins .a,�, o�,r Ewa Print TO: City Manager's Office FROM: Rudy Esquivias, Senior Planner/Zoning Administrator DATE: October 2, 2012 Agenda Type : Regular Agenda Council Priority Focus Area: Additional Item Outside Scope of Identified Council Priorities TITLE OF AGENDA ITEM: PROPOSED RESOLUTION NO 12-32, CASE SD-1-12, A FINAL PLAT APPROVAL REQUEST BY VILLAGIO ESTATES LLC, REPRESENTED BY HUDD HASSELL, FOR THE PROPOSED "VILLAGIO" SINGLE-FAMILY HOMES SUBDIVISION. ACTION REQUESTED: Recommendation for Approval DISCUSSION/ BACKGROUND INFORMATION: Resolution No 12-32 proposes to approve the final subdivision plat for Villagio, a proposed 37-lot single-family homes subdivision located on the south side of W. 16th Avenue at the S. Desert View Place alignment. This request accompanies and depends upon the PD plan approval (Ord No 1385) and the pre-plat approval (Res No 12-31) FISCAL IMPACT: Budgetary Approval Not Required OPTIONS/ALTERNATIVES: Zoning Ordinance Requirement .ECOMMENDATION: If Council approves both Ord. No. 1385 and Res. No. 12-31 first, then Res. No. 12-32 may be approved. Approval of the final plat may also be subject to the approval of the proposed development agreement for the off-site improvements on 16th Avenue to the west and east of the proposed subdivision ATTACHMENTS: Click to download L} Draft final plat Res.No. 12 32 RESOLUTION NO. 12-32 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, APPROVING A FINAL SUBDIVISION PLAT FOR "VILLAGIO SUBDIVISION", IN CASE SD-1-12, BY VILLAGIO ESTATES LLC, REPRESENTED BY HUDD HASSELL. WHEREAS, the subdivider in Case SD-1-12 proposes to plat a subdivision for 37 detached single-family homes under the name "Villagio", pursuant to Arizona Revised Statutes ("A R S ") Title 9, Chapter 4, Article 6.2, and pursuant to the Apache Junction City Code, Volume II, Land Development Code, Chapter 1, Zoning Ordinance, Section 1-15-9 CR-5 Multiple-Family Residence Zone, Article 1-19 Planned Development Zoning District, and Chapter 2, Subdivision Regulations; and, WHEREAS, the property is legally described as follows : The North 660 feet of the Southwest quarter of Section 30, Township 1 North, Range 8 East of the Gila and Salt River Base and Meridian, Pinal County, Arizona; Except the West 1980 feet and the East 330 feet thereof; and Except any portion lying within the following described parcel: Commencing at the Center of said Section 30, being marked with a cotton picker spindle (1/2 inch diameter rebar recorded) and from which point the West corner (being marked with a brass cap in a hand hole) bears South 89 Degrees 54 Minutes 22 Seconds West, 2631 . 20 feet distant therefrom; Thence South 89 Degrees 54 Minutes 22 Seconds West, 651 19 feet (South 89 Degrees 55 Minutes 40 Seconds West, 651 . 13 feet recorded) , along the North line of the Southwest quarter of said Section 30 to a point on the East line of the West 1980 feet of said Southwest quarter; RESOLUTION NO. 12-32 PAGE 1 OF 4 Ago Ink Thence South 00 Degrees 00 Minutes 40 Seconds West, 460. 00 feet (South 00 Degrees 01 Minutes 47 Seconds West recorded) , along said East line to the Point of Beginning; Thence North 89 Degrees 59 Minutes 51 Seconds East, 113 95 feet (South 89 Degrees 58 Minutes 51 Seconds East, 113 . 93 feet recorded) , to a point on a non- tangent curve concave Northeasterly, the radius point of which bears North 78 Degrees 09 Minutes 26 Seconds East (78 Degrees 10 Minutes 44 Seconds recorded) , 50 . 00 feet; Thence along a curve to the left having a central angle of 98 Degrees 40 Minutes 26 Seconds, a radius of 50 . 00 feet and an arc length of 86 . 11 feet; Thence South 20 Degrees 31 Minutes 00 Seconds East, 174 . 09 feet (South 20 Degrees 29 Minutes 42 Seconds East, 174 . 00 feet recorded) , to a point on the South line of the North 660 feet of said Southwest quarter; Thence South 89 Degrees 54 Minutes 22 Seconds West, 241 . 47 feet (South 89 Degrees 55 Minutes 33 Seconds West, 241 . 14 feet recorded) , along said South line to a point on the East line of the West 1980 feet of said Southwest quarter; Thence North 00 Degrees 00 Minutes 40 Seconds East, 200 . 00 feet (North 00 Degrees 01 Minutes 47 Seconds East, 199. 93 feet recorded) , along said East line to .•. the Point of Beginning; and WHEREAS, on October 2, 2012, the Mayor and City Council of the City of Apache Junction approved Planned Development major amendment case PZ-2-12, Ordinance No. 1385, to change the plan of development for the 4-gross-acres, CR-5/PD (Multi-family Residences by Planned Development) -zoned property upon a recommendation for approval with conditions from the Planning and Zoning Commission; and WHEREAS, on October 2, 2012, the Mayor and City Council of the City of Apache Junction approved the proposed preliminary RESOLUTION NO 12-32 PAGE 2 OF 4 plat request for the platting of the subdivision, case SD-1-12, Resolution No. 12-31, upon a recommendation for approval with conditions from the Planning and Zoning Commission; and WHEREAS, also on October 2, 2012, the City Council held a public hearing regarding the final plat for "Villagio", case SD- 1-12; and WHEREAS, this City Council now finds the final subdivision plat for "Villagio" to be in substantial compliance with A R S. Title 9, Chapter 4, Article 6.2, and pursuant to the Apache Junction City Code, Volume II, Land Development Code, Chapter 1, Zoning Ordinance, Section 1-15-9 CR-5 Multiple-Family Residence Zone, Article 1-19 Planned Development Zoning District, Chapter 2, Subdivision Regulations, and Ordinance No. 1385 which approved the planned development major amendment for the property. NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council of the City of Apache Junction, Arizona, that. The final subdivision plat for "Villagio" is hereby approved, subject to the following conditions . 1) The final plat map shall not be recorded until the developer submits the following items to the city' s Public Works Engineering and Development Services Departments: a) Subdivision improvement plans drawings incorporating all requested revisions; and b) Subdivision final plat mylar drawings incorporating all requested revisions; and c) Construction bond in the amount of $139, 415 for the developer' s portion of the 16th Avenue improvements adjacent to the property; and d) Drainage and Retention Agreement, signed by the property owner; and e) Copy of Approvals to Construct Potable Water and Sewer from the Arizona Department of Environmental Quality. 2) Upon compliance with Condition 1 above, Staff is directed pursuant to A.R.S . Section 9-463. 01 (J) to record RESOLUTION NO. 12-32 PAGE 3 OF 4 ON ON the final plat with the Pinal County Recorder and to collect the final plat recording fee from the subdivider and remit such amount to the Pinal County Recorder. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS DAY OF , 2012 . ON SIGNED AND ATTESTED TO THIS DAY OF 2012 . JOHN INSALACO Mayor ATTEST: KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM: RICHARD J. STERN City Attorney RESOLUTION NO. 12-32 PAGE 4 of 4 ROLL CALL VOTE NOTES: i ; 7) ' \'° .t. / i 0./c;41 w ))) .cji \\1\ITEM # MEET! G OF 14/ 191 6/VV r MOTION BY: SECONDED BY YES NO ABSTAINED COUNCILMEMBER SERDY ti VICE MAYOR DIETZ i/ COUNCILMEMBER EVANS COUNCILMEMBER WILSON J COUNCILMEMBER WALDRON 1I CO'UNO{L`M 4 RBARKER MAYOR INSALACO 1 1 UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL AM Ilk AWEIbk .► p ITEM NO. 14 I MOVE THAT RESOLUTION NO 12-32, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, APPROVING THE FINAL SUBDIVISION PLAT FOR"VILLAGIO" SUBDIVISION, IN CASE SD-1-12, BY VILLAGIO ESTATES LLC, REPRESENTED BY HUDD HASSELL, (BE APPROVED) OR(BE DENIED). PUBLIC HEARING 1. For CONSIDERATION OF VILLAGIO ESTATES LLC DEVELOPMENT AGREEMENT FOR 16TH AVENUE ROADWAY IMPROVEMENTS IN THE AMOUNT OF $790,000.00 2. Will ASSISTANT CITY MANAGER BRYANT POWELL speak to the Council? 3. Will the applicant or spokesperson please speak to the Council on this item? 4. Is there anyone from the public who wishes to speak on this item? (Are there any "Request to Speak" forms?) 5. If not, this hearing is closed. 6. Is there any discussion? 7. Call for a motion. 8. Call for a second. 9. Roll call vote. -- PPACHE G g - City of pacl�e unct ion Horde of the Superstition :1-lol niai z.c 4PizoNr Print TO: City Manager's Office FROM: Bryant Powell, Asst. City Manager DATE: October 2, 2012 agenda Type : Regular Agenda Council Priority Focus Area: Community Development TITLE OF AGENDA ITEM: CONSIDERATION OF VILLAGIO ESTATES LLC DEVELOPMENT AGREEMENT FOR 16TH AVENUE ROADWAY IMPROVEMENTS IN THE AMOUNT OF $790,000.00. ACTION REQUESTED: Recommendation for Approval DISCUSSION/ BACKGROUND INFORMATION. This agreement serves two purposes. 1) Memorializes 16th Ave adjacent improvements to Villagio Estates Subdivision, and 2) Enables connecting improvements to 16th Ave to enhance access to subdivision and improve roadway safety The developer is responsible for the 16th Ave. adjacent improvements costs as part of the subdivision requirements. The city is responsible for the cost of the other improvements estimated at this time to be approximately$790,000 00 which is in the public works budget for the 16th Avenue street improvements west and east of the subdivision. FISCAL IMPACT: Budgeted Expenditure OPTIONS/ALTERNATIVES: RECOMMENDATION: Approval. ATTACHMENTS: Click to download When Recorded Return To: City of Apache Junction 300 E Superstition Blvd Apache Junction,AZ 85119 Attn. City Attorney DEVELOPMENT AGREEMENT BETWEEN THE CITY OF APACHE JUNCTION AND VILLAGIO ESTATES,LLC THIS DEVELOPMENT AGREEMENT (this "Agreement") is made and entered into by and between the City of Apache Junction,an Arizona municipal corporation(hereinafter referred to as "City") and VILLAGIO ESTATES, LLC, an Arizona corporation, (hereinafter referred to as "Developer"), sometimes referred to collectively as the"Parties"or individually as a"Party". RECITALS A Developer intends to construct a 37 single family unit residential development as a conditional use under the currently zoned CR-5/PD (Multi-Family Residences/Townhomes by Planned Development) (and medium density residential at 1 to 6 dwellings per acre) (hereinafter the"Project")on the south side of West 16th Avenue west of Delaware at the South Desert View Place alignment m the City of Apache Junction, Arizona, as more particularly described in the legal description and site plan attached hereto as Exhibits"A-1"and"A-2" B In connection with its approval of the Project, City has required Developer to construct certain specific off-site improvements along 16th Avenue that are adjacent to the Project (the "Adjacent Improvements"), and requested Developer to construct certain specific off-site improvements along 16th Avenue that are not adjacent to the Project(the"Non-Adjacent Improvements"). The Adjacent Improvements and the Non-Adjacent Improvements may be collectively referred to herein as the "Improvements." The Project and installation of the Adjacent Improvements will be completed in one (1) phase (See Exhibit `B-1") The Non- Adjacent Improvements may, at the election of Developer, be completed m one (1) or two (2) phases (See Exhibits"B-2"and"B-3".) C The Improvements are necessary for the purpose of insuring that City transportation standards, traffic flow and safety are maintained or are otherwise in accordance with industry standards D The Parties acknowledge that City and its citizenry will directly and indirectly realize substantial tangible and intangible benefits from the Improvements and development of the Project,and the Improvements will be a benefit to Developer, City and the general public 1 E City and Developer have agreed upon a fair formula for the reimbursement of Developer's costs of the Non-Adjacent Improvements, as estimated in Exhibit"E-1", "E-2" and "E-3" F. These recitals are incorporated into the Agreement as set forth below and both Parties executmg this Agreement confirm their accuracy. AGREEMENT For good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged,City and Developer agree as follows I. IMPROVEMENTS COVERED BY THIS AGREEMENT 1 0 Improvements to be Constructed City and Developer agree to the following Construction Phases (a) Phase I 16th Avenue Adjacent to the Project. Construction of the half- street of 16th Avenue directly adjacent to the Project for approximately 321 19 linear feet, as shown on Exhibit"B-1"and as itemized in the cost estimate set forth in Exhibit"E-1", approved by the City (b) Phase II: 16th Avenue Adjacent, North, West and East of the Project. Construction of 16th Avenue(full and half widths) adjacent and to the north,west and east of the Project for approximately 1,071.31 linear feet starting approximately 2 feet from the west existing edge of pavement on Delaware (edge located north and west of the intersection) to the east boundary of Casa Villa, as shown on Exhibit "B-2" and as itemized in the cost estimate set forth in Exhibit"E-2", approved by the City (c) Phase III 16th Avenue West of the Project Construction of 16th Avenue (full and half widths) to the west of the Project for approximately 929 12 linear feet, starting from the east boundary of Casa Villa to the west existing edge of pavement on Cedar, as shown on Exhibit"B-3"and as itemized in the cost estimate set forth in Exhibit"E-3", approved by the /, City. (d) Undergroundmg of Utility Lines. City and Developer agree to coordinate on the undergroundmg of utility lines in conjunction with the construction of the Improvements Provided, however, that if the City is not able to coordinate with and obtain approval from Salt River Project for the undergroundmg of the utility lines across the length of the Improvements by the time that Developer is ready to commence construction of the Adjacent Improvements, then Developer may, in its sole discretion, elect not to underground the utility lines at the time of construction of the Adjacent Improvements. If Developer elects not to underground the utility lines, Developer shall provide to the City a surety bond, letter of credit, cash-in-lieu or other similar instrument which the City may then use at the time of its choosing to complete the undergrounding of the utility lines adjacent to the Project. 1 1 Developer Construction Schedule The Adjacent Improvements shall be constructed with Phase I portion of the Project,but no later than the deadline provided for below 2 /'141 The deadlines for the construction of Phases II and III, and to be eligible for reimbursement under Article IV,are provided below Phase I. December 31,2013 Phase II. April 30,2015 Phase III. May 31,2016 IL DEVELOPER'S OBLIGATION TO CONSTRUCT IMPROVEMENTS 2 0 Developer shall construct the Adjacent Improvements specifically described in Section 1 0(a)of this Agreement at the time of development of the Project. Developer, subject to the City acquiring the necessary right-of-way, shall construct the Non-Adjacent Improvements specifically described m Sections 1 0(b) & (c) of this Agreement prior to the deadlines set forth in Section 1 1 to be eligible for reimbursement under Article IV of this Agreement. 2.1 Following substantial completion of the respective phase of the Improvements, Developer shall submit mylar, as-built drawings of the Improvements to City 2 2 Developer shall submit to City for approval all plans and drawings for any of the Improvements that will become the property of City pursuant to Section 4 2 below. 2 3 Developer shall permit City to inspect the construction of all Improvements, which will become City's property pursuant to Section 4.2 below Developer shall remedy any defects noted by City prior to City's acceptance of ownership of the Improvements City and Developer will conduct an inspection of the Improvements prior to City's acceptance of ownership of the Improvements. City will produce a punch list of items for completion or correction and present that list to Developer Developer's obligation to construct a respective phase of the Improvements will be considered complete when Developer has completed all punch list items to City's satisfaction, but not before the end of the one year warranty period in which Developer guarantees its workmanship. III. DETERMINATION OF COST OF IMPROVEMENTS AND CITY'S SHARE OF COST OF IMPROVEMENTS 3 0 Developer and City agree to allocate costs of the Improvements as follows (a) Developer will pay for all costs incurred pursuant to the work identified in Phase I,mcludmg such costs reasonably attributable to the Phase I work (b) City will pay for all costs mcurred pursuant to the work identified in Phases II and III, including any and all relocation costs of utility lines m Phases II and III. 3.1 Definition of Costs of Improvements Costs of Improvements for the purpose of this Agreement shall include both "hard" and "soft" construction costs actually incurred by Developer in the design and construction of the Improvements, including without limitation, costs of labor, materials and supplies, architectural, engineering, design and consultant fees and costs, costs estimating, construction staking, construction testing, soil amendment and/or 3 compaction, blue printing expenses, any processing, plan check/permit fees, and engineering services required to obtain permit for, and complete, the work, any corrections, changes or additions to the work required by the City and/or necessitated by site conditions, sales tax, insurance, contractors, so-called "general conditions" and a general contractor's fees not to exceed ten to fifteen percent (8-10%). Where work is performed by others and charged to this Project,the actual cost charged by others shall be the cost of that improvement. 3 2 Estimated Costs of Improvements Attached as Exhibit "E" is the estimated cost /'\ of Improvements covered by this Agreement The Parties agree that the estimated costs set forth in Exhibit "E" in no way limits either parties' obligations to pay their share of the actual costs prior to the construction of the Improvements 3.3 Public Procurement Process Required Developer agrees and acknowledges that to qualify for reimbursement under this Agreement for the construction of the Non-Adjacent Improvements (i e, the Phase II and Phase III improvements), it must comply with the public procurement processes of the City, Title 34 of the Anzona Revised Statutes,and Achen-Gardner, Inc v Superior Court, 173 Ariz 48, 839 P 2d 1093, which will include the fair and competitive selection of the lowest responsible and responsive bidder for the Non-Adjacent Improvements, provided however, that the City reserves the right to reject any and all bids and re-bid the Phase II or Phase III Improvements if it deems the amount of the bid to be unreasonable The City agrees to assist Developer in completing this public bidding process IV. CITY'S OBLIGATION TO ACCEPT AND REIMBURSE 4 0 Subject to the one (1)year warranty period set forth in Section 2 3, City agrees to reimburse Developer the cost of the Phase II and Phase III Improvements, as defined by this Agreement,as follows. (a) Within thirty(30) calendar days of Developer submitted invoices detailing the cost of the Phase II and Phase III Improvements installed through the most recent billing cycle, and on a monthly basis thereafter, mnety percent (90%) of Developer's cost of the Improvements covered by this Agreement. (b) The remaining ten percent (10%) of the Cost of the Improvements within fifteen(15)calendar days of completion of all punch list items presented to Developer by City 4 1 For purposes of this Agreement, substantial completion shall be determined by City based upon commonly accepted industry standards m Metropolitan Phoenix, Arizona, to be guaranteed by a one-year warranty, which may be provided by a separate warranty bond or included m a performance bond. 4 2 After the one-year warranty period, City agrees to accept ownership and responsibility for all future maintenance and repair of all of the Improvements. 4 V. MISCELLANEOUS 5 0 Recordation This Agreement is a Development Agreement under the A R S § 9- 500.05 and shall be recorded by City at the Developer's expense m the official records of Pmal County,Arizona. 5 1 Automatic Termination. This Agreement shall be deemed fully performed and shall automatically terminate at such time as. (a) the Improvements have been completed and fully paid for (including, without limitation, the payment in full of City's reimbursement Phase II and Phase III obligations set forth herem, and any applicable hen period has expired without the imposition of any lien relating thereto), and (b) City has issued certificate(s) of occupancy and/or completion for the Improvements,and (c) neither Party is in default under this Agreement. Notwithstanding anything to the contrary contained herein, Developer, in its sole discretion,may terminate this Agreement for any reason after the Completion of the Phase I, Adjacent Improvements, including but not limited to the lack of available right-of-way for Phases II and III At any time following a termination, for any reason, and upon the request of either party, both parties agree to promptly execute in recordable form all documents reasonably necessary to trigger the termination of this Agreement(attached hereto as Exhibit"C") 5 2 Estoppel Certificate. City agrees, upon request of Developer, to promptly execute an estoppel certificate in the form attached hereto as Exhibit "D" and deliver such certificate to Developer, provided the certification set forth in the certificate is accurate at the time of Developer's request. 5.3 Acquisition of Right-of-Way. City represents to Developer that City either has or will obtain all rights necessary to allow Developer to construct the Improvements as depicted in Exhibits `B-1" and "B-2" If necessary, City will acquire the right-of-way required for the Improvements or agree to a change in the scope of the Improvements as to avoid any area where Developer would not have the legal ability to construct the Improvements 5 4 Notices Any notice to be given or received by any Party hereunder shall be given m wntmg and delivered in person, or forwarded by certified or registered mail, postage prepaid, return receipt requested, or by overnight or express mail at the address indicated below, unless the Party giving such notice has been notified,in writing,of a change of address City City of Apache Junction City Engineer 575 E. Baseline Avenue Apache Junction,Arizona 85119 5 With a copy to City of Apache Junction City Attorney 300 E Superstition Blvd Apache Junction,AZ 85119 Developer. Villagio Estates,LLC 4122E McLellan,#18 Mesa,Arizona 85205 Attention. Hudd Hassell With a copy to Reese L. Anderson Pew&Lake,PLC 1744 S. Val Vista, Suite 217 Mesa,Arizona 85204 Notices shall be given consistent with and deemed received in accordance with the requirements found in Section 5 33,below 5 5 Conflicts of Interest. This Agreement is subject to the provisions of A.R.S. § 38- 511 and may be cancelled without penalty or further obligation, by City if any person significantly involved in uutiatmg, negotiating, securing, drafting or creating the Agreement on behalf of the City is, at any time while the Agreement or any extension of the Agreement is m effect,an employee or agent of any other party to the Agreement in any capacity or consultant to any other party of the Agreement with respect to the subject matter of the Agreement 5 6 Termination This Agreement shall commence on the date the last party signs (the "Effective Date") and shall continue until the fifth anniversary of the Effective Date unless terminated earlier according to Section 5.1,above(the"Termination Date") 5 7 Waiver The Parties agree that neither the failure nor the delay of any Party to exercise any right, remedy, power or privilege under this Agreement shall operate as a waiver of such right, remedy, power or privilege, nor shall any single or partial exercise of any right, remedy, power or privilege preclude any other or further exercise of the same or of any other right, remedy, power or privilege, nor shall any waiver of any right, remedy, power or privilege with respect to any occurrence be construed as a waiver of such right,remedy,power or privilege with respect to any other occurrence No waiver shall be effective unless it is in writing and is signed by the Party asserted to have granted such waiver 5 8 Attorney Fees. In any quasi-judicial or administrative proceedings or any other action in any court of competent jurisdiction brought by either party to enforce any covenant or any of such party's rights or remedies under this Agreement, mcluding any action or declaratory or equitable relief, the prevailing party shall be entitled to an award of attorney fees and all reasonable costs, expenses and disbursements in connection with such action. 5.9 Counterparts This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. The signature pages from one or more counterparts may be removed from such 6 diaN counterparts and such signature pages all attached to a single instrument so that the signature of all parties may be physically attached to a single document 5 10 Headings. The descriptive headings of the Sections of this Agreement are inserted for convenience only and shall not control or affect the meaning or construction of any of the provisions hereof 5 11 Exhibits Any exhibit attached hereto shall be deemed to have been incorporated herein by reference with the same force and effect as if fully set forth m the body hereof. 5 12 Further Acts Each of the parties hereto shall execute and deliver all such documents and perform all such acts as reasonably necessary, from time to time, to carry out the matters contemplated by this Agreement. 5.13 Time of the Essence and Successors/Assignment and Transfer (a) Time is of the essence in this Agreement All of the provisions hereof shall inure to the benefit of and be binding upon the successors and assigns of the parties hereof (b) Neither Party may assign any of its rights or obligations hereunder, provided however, it is expressly acknowledged and agreed that Developer shall have the unrestricted right to assign, transfer and convey its rights and obligations hereunder to any Affiliate of Developer without the approval of the City, but in such event guarantees its liability for any material breach by the assignee or transferee under this Agreement. For purposes hereof, an Affiliate of Developer shall be any entity which Developer owns not less than 50% of the equity interests in such entity (c) As to non-Affiliates of Developer,Developer shall have the right to assign and transfer its rights and obligations hereunder to any person, firm, agency, orgamzation, and corporation upon receipt of the City's prior written consent, which consent shall not be unreasonably withheld or delayed subject to the provisions set forth below. (d) Developer's rights and obligations hereunder may only be assigned or transferred m writing, recorded in the Official Records of Pinal County, Anzona, at Developer's expense, expressly assigning or transferring such rights and obligations (e) No assignment or transfer of rights or obligations will be permitted if Developer is in default of any provision of this Agreement. In addition, the assignee or transferee prior to such assignment or transfer, shall demonstrate to the City's satisfaction, financial ability to fulfill the obligations under this Agreement. 5.14 No Partnership and Third Parties It is not intended by this Agreement to, and nothing contained in this Agreement shall, create a partnership, joint venture or other similar arrangement between Developer and the City No term or provision of this Agreement is intended to, or shall, be for the benefit of any person, firm, organwation or corporation not a party hereto, and no such other person, firm, organization or corporation shall have any right or cause of action hereunder 7 0114 5 15 Entire Agreement Except as expressly provided herein, this Agreement constitutes the entire agreement between the Parties with respect to the subject matters hereof and supersedes any prior agreement, understanding, negotiation or representation regarding the subject matters covered by this Agreement. 5 16 Amendment. No change or additions to be made to this Agreement except by a written amendment executed by the parties hereto Within ten (10) calendar days after any amendment to this Agreement, such amendment shall be recorded, at the City's expense, in the Official Records of Pmal County,Arizona 5 17 Names and Plans. Developer shall be the sole owner of all names, titles, plans, drawings,specifications, ideas,programs, designs, and work products of every nature at any time developed, formulated or prepared by or at the instance of Developer in connection with the Property, and the store Such documents, however, may be released to the Public, as allowable under the Arizona Public Records Act 5 18 Force Majeure. Neither City nor Consultant, as the case may be, shall be considered not to have performed its obligations under this Agreement in the event of enforced delay(an"Enforced Delay") due to causes beyond its control and without its fault or negligence or failure to comply with Applicable Laws, including, but not restricted to, acts of God, fires, floods, epidemics, pandemics, quarantine, restrictions, embargoes, labor disputes, and unusually severe weather or the delays of subconsultants or matenalmen due to such causes, acts of a public enemy, war, terrorism or act of terror (including but not limited to bio-terrorism or eco- terrorism), nuclear radiation, blockade, insurrection, not, labor stake or interruption, extortion, sabotage, or similar occurrence or any exercise of the power of eminent domain of any governmental body on behalf of any public entity, or a declaration of moratorium or similar hiatus (whether permanent or temporary) by any public entity directly affecting the Project In no event will Enforced Delay include any delay resulting from unavailability for any reason of labor shortages, or the unavailability for any reason of particular consultants, subconsultants, vendors or investors desired by Consultant in connection with the Project. Consultant agrees that Consultant alone will bear all risks of delay which are not Enforced Delay In the event of the occurrence of any such Enforced Delay, the time or times for performance of the obligations of ^ the Party claiming delay shall be extended for a period of the Enforced Delay, provided, however, that the Party seeking the benefit of the provisions of this Section shall, within thirty (30) calendar days after such Party knows or should know of any such Enforced Delay, first notify the other Party of the specific delay in writing and claim the right to an extension for the period of the Enforced Delay; and provided further that in no event shall a period of Enforced Delay exceed mnety(90)calendar days 5.19 Governing Law and Venue The terms and conditions of this Agreement shall be governed by and mterpreted m accordance with the laws of the State of Arizona. Any action at law or in equity brought by either party for the purpose of enforcing a nght or rights provided for in this Agreement, shall be tried in a court of competent jurisdiction in Pinal County, State of Arizona The parties hereby waive all provisions of law providing for a change of venue in such proceeding to any other county. 5 20 Severability City and Consultant each believe that the execution, delivery and performance of this Agreement are in compliance with all applicable laws However, in the 8 ipoiN unlikely event that any provision of this Agreement is declared void or unenforceable (or is construed as requiring City to do any act in violation of any applicable laws, including any constitutional provision, law, regulation, or City Code), such provision shall be deemed severed from this Agreement and this Agreement shall otherwise remain in full force and effect;provided that this Agreement shall retroactively be deemed reformed to the extent reasonably possible in such a manner so that the reformed agreement (and any related agreements effective as of the same date) provide essentially the same rights and benefits (economic and otherwise) to the Parties as if such severance and reformation were not required Unless prohibited by applicable laws, the Parties further shall perform all acts and execute, acknowledge and/or deliver all amendments, instruments and consents necessary to accomplish and to give effect to the purposes of this Agreement,as reformed. 5 21 Indemnification The Parties to this Agreement agree to indemnify and hold harmless each other,their officers,departments,divisions, employees and agents,and contractors from any and all claims, liabilities, expenses or lawsuits as a result of omissions or negligence by them or their respective representatives 5 22 No Obligation to Construct. Notwithstanding anything to the contrary contained herein, Developer shall not have an obligation to construct the Non-Adjacent Improvements (Phases II and III) as part of the Project. For the avoidance of doubt, Developer must complete the Phase I Improvements(the Adjacent Improvements)with the Project 5 22 City Representations. City represents and warrants to Developer that. (a) City's execution and approval of this Agreement has been made in compliance with the procedural requirements of the Apache Junction City Code and Arizona Revised Statutes (b) City will execute and acknowledge when appropriate all documents and instruments and take all actions necessary to implement and evidence this Agreement (c) As of the date of this Agreement, City knows of no litigation, proceeding, initiative, referendum, or investigation contesting the powers of City or its officials with respect to this Agreement that has not otherwise been disclosed m writing to Developer (d) The execution, delivery and performance of this Agreement by City is not prohibited by, and does not conflict with, any other agreements, instruments or. judgments or decrees to which City is a party or is otherwise subject (e) City has been assisted by counsel of its own choosing in connection with the preparation and execution of this Agreement. 5 23 Developer Representations Developer represents and warrants to City that (a) Developer has the full right, power and authorization to enter into and perform this Agreement and the obligations and undertakings of Developer under this Agreement, and the execution, delivery and performance of this Agreement by Developer has 9 /144 ^ been duly authorized and agreed to m compliance with the organizational documents of Developer (b) All consents and approvals necessary to the execution, delivery and performance of this Agreement have been obtained, and no further action needs to be taken in connection with such execution,delivery and performance (c) Developer will execute and acknowledge when appropriate all documents /1 and instruments and take all actions necessary to implement, evidence and enforce this Agreement (d) As of the date of this Agreement, Developer knows of no litigation, proceeding or investigation pending or threatened against or affecting Developer, which could have a matenal adverse affect on Developer's performance under this Agreement that has not otherwise been disclosed in writing to City (e) This Agreement (and each undertaking of Developer contained herein) constitutes a valid, binding and enforceable obligation of Developer, enforceable according to its terms, except to the extent limited by bankruptcy, msolvency and other laws of general application affectmg creditors' rights and by equitable principles,whether considered at law or in equity Developer will defend the validity and enforceability of this Agreement in the event of any proceedmg or litigation arising from its terms that names Developer as a party or which challenges the authonty of Developer or City to enter into or perform any of its obhgations hereunder and will cooperate with City in connection with any other action by a third party in which City is a party and the benefits of this Agreement to City are challenged, and Developer shall indemnify,defend,pay and hold City harmless for, from and against all costs, expenses and attorney fees mcurred by City m connection with any such action to defend enforceability of this Agreement City and Developer agree to work together to• 1) evaluate the obligation to proceed in defense of this Agreement, or 2) to mutually terminate this Agreement, and 3) provide for reimbursement by Developer to City for any challenged payments made under this Agreement. (f) The execution, delivery and performance of this Agreement by Developer is not prohibited by, and does not conflict with, any other agreements, instruments,judgments or decrees to which Developer is a party or to which Developer is otherwise subject. (g) Developer has not paid or given, and will not pay or give, any third party any money or other consideration for obtaining this Agreement other than normal costs of conducting business and costs of professional services such as the services of architects, engineers and attorneys (h) Developer has had the opportunity to lure counsel of its own choosing in connection with the preparation of, consultation on,and execution of this Agreement. 5 24 Cooperation City and Developer each shall designate and appoint a representative to act as a liaison between City and its various departments and Developer. City or Developer may change their representatives at any time, but each Party agrees to have a current active representative appointed for such purposes The initial representative for City ("City Representative") shall be Public Works Director/City Engineer, Giao Pham (or his 10 ORS successor or designee if notice is provided to Developer), and the initial representative for Developer ("Developer Representative") shall be Hudd Hassell (or his successor or designee if notice is provided to City) The representatives shall be available at all reasonable times to discuss and review the performance of the parties to this Agreement and the development of the Property pursuant to this Agreement 5 25 Default. Failure or unreasonable delay by any Party to perform or otherwise act in accordance with any term or provision of this Agreement for a period of thirty (30) calendar days or such other reasonable amount of time necessary to cure the default,provided the cure has commenced and is being prosecuted diligently, continuously and in good faith, and after written notice thereof from the other Party (the "Cure Period"), shall constitute a default under this Agreement Said notices shall specify the nature of the alleged default and the manner in which said default may be satisfactorily cured, if possible In the event such default is not cured within the Cure Period,the non-defaulting party shall have the remedies set forth below (a) City's exclusive remedies for a Default by Developer shall consist of, and shall be limited to the following. (1) For a breach by Developer of this Agreement, City's exclusive remedy shall be to terminate City's obligations arising under Section III, 3 0(b) of this Agreement by written notice thereof to Developer. (2) At any time, City may special s ecial action or other similar relief (whether characterized as mandamus, injunction or otherwise), requiring Developer to undertake and to fully and timely address a public safety concern or to enjoin any construction or activity undertaken by Developer that is not in accordance with the terms of the Agreement. (3) Nothing m this Agreement shall be deemed to limit City's administrative remedies or City's remedies against Developer with respect to a breach by Developer of its obligations of indemnity. (b) Developer's exclusive remedies for a Default by City shall consist of, and shall be limited to the following• ^ (1) Developer's exclusive remedy for a monetary Default by City shall consist of and shall be limited to recovery of damages for unpaid amounts due in accordance with the provisions of this Agreement Such damages shall be deemed to consist of Developer's actual damages as of the time of entry of judgment. Developer expressly waives any right to seek consequential, special, punitive, multiple, exemplary or any other damages with respect to a monetary Default (2) Nothing in this Agreement shall be deemed to limit the Developer's remedies, as may be provided by law or in equity, for non-monetary Defaults by City 5 26 Privilege Tax License Developer represents and warrants that any license it needs to perform the work under this Agreement is current and valid or will be obtained or be brought current prior to the commencement of construction on the Improvements� Developer 11 II�� /'h understands that the activity described herein constitutes "doing business in the City of Apache Junction" and Developer agrees that either it or its general contractor hired to construct the Improvements will obtain a transaction privilege tax license pursuant to City Tax Code Section 8A-300 and keep such license current during the term of this Agreement 5 27 Diminution m Value (Proposition 207) Waiver. Developer agrees, understands and acknowledges that City is entering into this Agreement m good faith and in cooperation with Developer, and further with the understanding that, if City acts consistently with the terms and conditions herein, it will not be subject to a claim for diminished value of the Property from Developer Developer, on behalf of it and its successors and assigns, intends to encumber the Property with the following agreements and waivers Developer agrees and consents to all the conditions imposed by this Agreement, the Zoning, the General Plan, applicable laws, and all permits and approvals issued or granted by City in furtherance thereof, and by signing this Agreement waives any and all claims, suits, damages, compensation and causes of action Developer may have now or in the future under the provisions of A R S §§ 12-1134 through and including 12-1136(but specifically excluding any provisions included therein relating to eminent domain) and resulting from the development of the Property consistent with this Agreement, the Zoning, the General Plan, applicable laws, and all permits and approvals issued or granted by City in furtherance thereof or from any "land use law" (as such term is defined in the aforementioned statute sections) permitted by this Agreement to be enacted, adopted or applied by City now or hereafter Developer acknowledges and agrees to the terms and conditions set forth in this Agreement, the Zoning, the General Plan, applicable laws, and all permits and approvals issued or granted by City in furtherance thereof cause the fair market value of the Property to equal or exceed the fair market value of the Property in the absence of this Agreement, the Zoning the General Plan, applicable laws, and all permits and approvals issued or granted by City in furtherance thereof,and such"land use laws" 5.28 Survival of Indemnifications All indemnifications contained in this Agreement shall survive the execution and delivery of this Agreement, the closmg of any transaction contemplated herein, and the rescission, cancellation, expiration or termination of this Agreement upon the terms and for the penod set forth m each respective Section enN 5 29 Good Faith of Parties Except where any matter is expressly stated to be in the sole discretion of a Party, in performance of this Agreement or m considering any requested extension of time,the Parties agree that each will act in good faith. 5 30 Consent and Approvals Wherever this Agreement requires or permits the consent or approval of a Party to any act, document, use or other matter, such consent or approval shall be given or denied by such Party m its reasonable discretion, unless this Agreement expressly provides otherwise 5 31 Busmess Days. If the last day of any time period stated in this Agreement or the date on which any obligation to be performed under this Agreement shall fall on a Saturday, Sunday or legal holiday, then the duration of such time period or the date of performance, as applicable, shall be extended so that it shall end on the next succeedmg day which is not a Saturday, Sunday or legal holiday 12 Am, irmik 5 32 Rights and Remedies are Cumulative. Subject to the provisions and limitations under this Agreement, the nghts and remedies of the Parties are cumulative, and the exercise by either Party of any one or more of such rights shall not preclude the exercise by it, at the same or different times, of any other right or remedy for any other non-performance by the other Party 5 33 Effective Date and Notices All such notices, demands or other communications will. (i) if delivered personally or delivered through a same day delivery/courier service be deemed effective upon delivery or refusal to accept delivery by the addressee, (ii) if delivered by U S Mail in the manner descnbed above be deemed effective upon the earlier of receipt or three (3) business days after deposit in a United States post office or with a United States postal officer; and (in) if sent by a recognized national overnight delivery service be deemed effective one (1) business day after deposit with such service Any payment by the City may be made m the same manner or manners provided m this Section for the provisions of Notices and shall be deemed made at the time provided m this Section for notices, demands and other communications 5 33 Construction The terms and provisions of this Agreement represent the results of negotiations between the Parties, each of which has been, or has had the opportunity to be, represented by counsel of its own choosing, and none of which has acted under any duress or compulsion, whether legal, economic or otherwise Consequently, the terms and provisions of this Agreement shall be interpreted and construed in accordance with their usual and customary meanings The Parties each hereby waive the application of any rule of law which would otherwise be applicable in connection with the interpretation and construction of this Agreement that ambiguous or conflicting terms or provisions contained in this Agreement (or any other provision of this Agreement) shall be interpreted or construed against the Party who prepared or attorney who prepared the executed Agreement or any earlier draft of the same 5.34 Further Assurances Each Party agrees to perform such other and further acts and to execute and deliver such additional agreements, documents, affidavits, certifications, acknowledgements and instruments as any other Party may reasonably require to consummate, evidence, confirm or carry out the matters contemplated by this Agreement or to confirm the status of (a) this Agreement as in full force and effect, and (b) the performance of the obligations hereunder at any time during this Term [Signatures of the Parties Appear on the Following Page] 13 /11% IN WITNESS THEREOF, the parties have caused these presents to be executed the day and year written herein below CITY CITY OF APACHE JUNCTION, an Arizona municipal corporation /'1, By Its Mayor Date ATTEST Kathy Connelly City Clerk APPROVED AS TO FORM. Rich. I J Stem City Attorney DEVELOPER VILLAGIO ESTATES,LLC. an Arizona corporation By. /Llji" r � (' Its. 40 Cal®s • Date. 8 `z 14 NOTARIAL ACKNOWLEDGMENTS STATE OF ARIZONA ) ) ss. County of Pmal ) I hereby certify that on the day of , 2012, before me a subscriber, a notary public in the State of Arizona, in and for the County of Pmal, personally �. appeared , the Mayor of the City of Apache Junction, Arizona, and he acknowledged the foregoing Development Agreement to be the act and deed of said Municipal Corporation IN WITNESS,my hand and notarial seal Notary Public My Commission expires STATE OF ARIZONA ) ) ss County of Maricopa ) On this 4 day of S.7.p., , 2012, before me personally appeared Hudd Hassell, the e of� V Iagio Estates, LLC., whose identity was proven to me on the basis of satisfactory e i nee. be the person who he or she claims to be, and acknowledged that :)N e• G•cument. W., t""� NOTARY PUBLIC- ARIZONA PINAL COUNTY �F�t My ommissi n Expires r41 3! Jul 26.2013 Notary Public My Commission expires cl,() 15 /m\ EXHIBIT"A-1" (Legal Description of the Project) The North 660 00 feet of the Southwest quarter of Section 30,Township 1 North,Range 8 East of the Gila and Salt River Base and Meridian,Pmal County,Arizona; EXCEPT the West 1980 00 feet thereof, and ON EXCEPT the East 330 00 feet thereof;and EXCEPT any portion lying within the following described parcel. COMMENCING at the center of said Section 30,being marked with a cotton picker spindle(1/2 inch diameter rebar recorded)and from which point the West quarter corner of said Section 30 (being marked with a Brass Cap in a hand hole)bears South 89 degrees 54 minutes 22 seconds West,2631.20 feet distant therefrom, Thence South 89 degrees 54 minutes 22 seconds West,a distance of 651 19 feet(South 89 degrees 55 minutes 40 seconds West,a distance of 651 13 feet recorded)along the North lme of the Southwest quarter of said Section 30,to a point on the East lme of the West 1980 00 feet of said Southwest quarter; Thence South 00 degrees 00 minutes 40 seconds West,a distance of 460.00 feet(South 00 degrees 01 minute 47 seconds West recorded)along said East line to the POINT OF BEGINNING; Thence North 89 degrees 59 minutes 51 seconds East,a distance of 113 95 feet(South 89 degrees 58 minutes 51 seconds East,a distance of 113 93 feet recorded)to a point on a non- tangent curve concave Northeasterly,the radius point of which bears North 78 degrees 09 minutes 26 seconds East(78 degrees 10 minutes 44 seconds recorded), a distance of 50 00 feet, Thence along a curve to the left having a central angle of 98 degrees 40 minutes 26 seconds,a radius of 50.00 feet and an arc length of 86 11 feet, ^ Thence South 20 degrees 31 minutes 00 seconds East,a distance of 174 09 feet(South 20 degrees 29 minutes 42 seconds East,a distance of 174 00 feet recorded),to a pomt on the South line of the North 660.00 feet of said Southwest quarter, Thence South 89 degrees 54 minutes 22 seconds West,a distance of 241 47 feet(South 89 degrees 55 minutes 33 seconds West, a distance of 241.14 feet recorded)along said South line to a point on the East line of the West 1980 00 feet of said Southwest quarter, Thence North 00 degrees 00 minutes 40 seconds East,a distance of 200 00 feet(North 00 degrees 01 minute 47 seconds East,a distance of 199.93 feet recorded)along said East line to the POINT OF BEGINNING 16 011.1 EXHIBIT"A-2" (Site Plan) 1 FWD COME NA:L'• ./ "' i v .' •,• /• 9• •� 7, •/' 1. ma aP s: w/TAG IS V773 , S__ 16 AVENlc _ 5 Ffro AR —s CJN.SEC.30 ste ... < ---. TIM N,RGE SE _ _ -_ f 89 Y- W AYLS tX BfARAIGI ! .l / - 19Qa00 (RXN) h • l1f.i9 .TMJ .moo'(RXN) — _ _ _- ii, -__ s I I I .„„ -- 1\ (_ ._-,1 1 -1 JI1 F N 3 1-` 2 4ti. 1 ,�% 3T 1 36 e4 35 (� 1 � ( I 4 , 4 - -,t. , \.} f D WVIAY;1 -� 34 f�3lVHNA 1 ', 9 � ,_ �; .---' ' ��! 1 4' :.- G*---. if �r. n 5 6 7 i 31 32 I $ 33 L.L.Y, tz 0. `. -iSI - 4 s ,_ 3 10 . _.:Ill 9 ;1_-__.a -, .1 r + — 24 d._ 29 , s _ - I �. ' - r �:. 11• ',eV �� yf,Ire„7liG1M I" 11 a( I I 1 L ?"1iF' 27 I f- -- ems/ t_ 6 I ' '�I t �I r� 8 12 I 1 1 13 1'.—�14 ' 1 24- I; 25 1 26 � .� _7 I 1 ,,• r--1 -, A, r -1J -1 18 I L. 17 _ 15 : _- I � zz At_ LOTS — e \ — ,a' yy _.�. 1 If - .._ — - -- _-_: .WA?-_J. . ` -- 'gyp EWAY ' I.- 20 �►, LOT 7 • g; J i✓ s MG MBAR W/J �.i - , CAP(LS 304L55) N 895E5 E 113.95'(RXM) ' 18 � 19 A(S 17 W3)J CAP(LS p .- 1 L=BB:ii (RXM) I 1 FTC REBAR W/ N }...4.+e \ �i CAP(LS 3440$) . \\ '-__ _-1 A � :4>. \_�% ! \ PARCEL NUMBER • a s1...1`1' �'. Wmi} a Ill ! fi10 R£8AR W/ --._ .-��• ENO-RUMS'W/ CAP(LS 74405) el-c t.sa 21773) N 89 .MER-161A ki,416 (U 17 EXHIBIT "B-1" EXHIBIT Bi 16TH AVENUE IMPROVEMENTS PHASE ONE i , Sol 1 II w CD II N I W ; ta SCALEI"=50' r L , F LIMIT OF PHASE ONE 321 19' I ,, , z iii,./. 1,7-- --44' A STREET LIGHT-, S' SIDEWALK— - Ilf ��'-�-�' SIDEWALK {X2) ----C RB �NI . �--H.C. --CURB/GUTTER Ill RAM' A ---'1 I 'AMP:;t VALLEY GUTTER:, `'___ 0 IraAPRON !1 I3 * 11 ;' if 1 a E 7 7777, 7 PHASE ONE PAVEMENT DATE:9-10-12 O'NEILL ENGINEER INC 2001 West Camelback Hood Suite 200 Phoenix, Arizona 85015 (602) 242-0020 FAX: (602) 242-5722 18 EXHIBIT B2 16TH AVENUE IMPROVEMENTS All PHASE TWO J a ` o w SCALE I"=120' 5 cr z o I— I -.LI �� 1 r! '� m znwx -- �' r 1 l Ke• `1 4Z onmt omfr a L 1 a eoowx - uu.rsn � � m puce o— — 0, Y _ Cli �� L.. i—'� . —__ .--_am. .� r saw-- 4' p!@Z,E '� y • •p `. M t•' W :•:tiS y W `. O�MO b1i Y N.6 S!0Fu[ nimilixOYB i�VlICI , \ Oaf 1 Q VI i TO mum i + .,01A41"�`a"'� VILLAGIO SUBDIVISION ij) 01"'"-'- ' �F JCii ' " 1 a c� LIMIT OF PHASE TWO 1071.31' L~-J '"In- 1, I 1 CASA VILLA 1 I Lit N SUBDIVISION a z :4*;*; .K:X*Ki': PHASE TWO PAVEMENT J 1 ) DATE:9-10-12 O7 .L ENGINEBFINck NC. 2001 West Camelback Road Suite 200 Phoenix, Arizona 85015 (602) 242-0020 FAX (602) 242-5722 I EXHIBIT B3 16TH AVENUE IMPROVEMENTS A!1 PHASE THREE cc ae a a w w SCALE. I"-I20' I` Y, r I , I z., �. i, I t. ' 1, . [ i 'W. IPAIP—• 1 \..."\ s. ' .• \ \‘\\ \ \ t __ ril 1 ; — — tr� 7—`— — I .-=R ---77-—— .. !J oa,wa———nwww L r,,,- 70 MINX r f ' CASA VILLA SUBDIVISION To WM N I ` ' I LIMIT OF PHASE THREE 929_12' o ~ o 0 H 04 w w a b \NI PHASE THREE PAVEMENT ) DATE:9-10-12 li O'NEI.L ENOINBERINq INC. 2001 West Camefback Rood Suite 200 Phoenix, Arizona 85015 (602) 242-0020 FAX. (602) 242-5722 � r"1 EXHIBIT"C" (Form of Termination of Development Agreement) When Recorded Return To City of Apache Junction City Attorney 300 E Superstition Blvd Apache Junction,AZ 85119 TERMINATION OF DEVELOPMENT AGREEMENT KNOW All MEN BY THESE PRESENTS,that the City of Apache Junction, an Arizona municipal corporation, and Villagio Estates, LLC, an Arizona corporation, have heretofore entered into that certain Development Agreement, dated ,2012 and recorded ,2012 under Fee No in the official records of Pinal County, Arizona, which provides for the manner m which certain improvements are to be constructed on that certain real property more particularly described on Exhibit "A" attached hereto and incorporated herem by this reference, that said Development Agreement has terminated in accordance with its terms, and that the parties hereto accordingly acknowledge and agree, and notice is hereby given, that said Development Agreement is hereby cancelled and terminated and released of record IN WITNESS WHEREOF, the parties have executed this Termination of Development Agreement as of this day of ,2012 CITY OF APACHE JUNCTION, VILLAGIO ESTATES,LLC, an Arizona municipal corporation an Arizona corporation By By Its• Its. f0 py\--`e'',f 21 EXHIBIT"D" (Form of Estoppel Certificate) ESTOPPEL CERTIFICATE THIS ESTOPPEL CERTIFICATE is made and entered into this day of, 20_, by the /nN City of Apache Junction, an Arizona municipal corporation (hereinafter "City") and Villagio Estates, LLC an Arizona corporation(hereinafter"Developer") RECITALS A. City and Developer have heretofore entered into that certain Development Agreement dated , 2012, and recorded on , 2012, as Fee No in the Official Records of Final County, Arizona, (hereinafter the "Development Agreement"), affecting that certain real property more particularly described on Exhibit"A"attached thereto and made a part thereof(the"Parcel") B The Development Agreement provides that upon the request of Developer, City will furnish a written affirmation acceptable as an Estoppel Certificate, certifying as to such matters as may be reasonably requested C Following a request duly made under the Development Agreement, City executes, acknowledges and delivers this Estoppel Certificate in satisfaction of the requirements of the Development Agreement NOW THEREFORE, for valuable consideration,the receipt and Sufficiency of which are hereby acknowledged, City declares and certifies as follows,as of the date hereof 1 The Development Agreement is in full force and effect accordmg to its terms and has not been amended 2 No party to the Development Agreement is in default of any obligation under the Development Agreement 3 City has no knowledge of any circumstance or condition which, given the passage of time,would constitute a default under the Development Agreement 4 All initial construction obligations of Developer and City under the Development Agreement have been performed and completed by the party responsible therefore in full compliance with the provisions of the Development Agreement 5. This Certificate may be relied on by any prospective lender, purchaser or tenant of the Parcel IN WITNESS WHEREOF, City has executed and acknowledged this Estoppel Certificate as of the date first written above. 22 CITY City of Apache Junction, an Arizona municipal corporation By: Its. Mayor Date- ATTEST: Kathy Connelly City Clerk APPROVED AS TO FORM *4.1C6*k2)- Richard J. Stern City Attorney DEVELOPER Villagio Estates, LLC an Arizona corporation By. Its: Date• C.(y/ S/ f 2 23 OWN .401. NOTARIAL ACKNOWLEDGMENTS STATE OF ARIZONA ) ) ss County of Pinal ) I hereby certify that on the day of , 2012, before me a subscriber, a notary public in the State of Arizona, in and for the County of Pinal, personally /1 appeared , the Mayor of the City of Apache Junction, Arizona, and he acknowledged the foregoing Development Agreement to be the act and deed of said Municipal Corporation IN WITNESS,my hand and notarial seal Notary Public My Commission expires STATE OF ARIZONA ) ) ss County of Maricopa ) On this k day of c_rp f , 2012, before me personally appeared Hudd Hassell, the eof Villagio Estates, LLC., whose identity was proven to me on the basis of satisfactory�Meffee'to be the person who he or she claims to be, and acknowledged that he or she signed the above/attached document ,,,� CARLOS A HURTADO ► i� 4 F NOTARY PUBLIC ARIZONA t? ^`�' PINAL COUNTY ' My Commission Expires 1 No bhc OIN < AI,s Jul 26 2013 My r=mission expires uiC5 24 , EXHIBIT El 16TH AVENUE IMPROVEMENTS-PHASE ONE ENGINEERS COST ESTIMATE Description Darin. Unit Unit Cost Total 1 Subgrade Preparation and Compaction 928 SY $ 815 $ 7,563 20 2 10"A.B C 928 SY $ 7 20 $ 6,681 60 3 1-1/2"A-12,5 Asphalt Concrete 928 SY $ 8 01 $ 7,433.28 4 2-1/2"A-19 Asphalt Concrete Pavement 928 SY $ 12 13 $ 11,256.64 5 Fog Seal SS-1H 928 SY $ 0 34 $ 315.52 6 Vertical Curb&Gutter 240 LF $ 1013 $ 2,431 20 7 Concrete Sidewalk(5"Thick) 1,315 SF $ 3 10 $ 4,076 50 8 Concrete Sidewalk Ramp Per ADOT Std Det C-05 30 2 EA $ 843 60 $ 1,687 20 9 Truncated Domes 26 SF $ 43 08 $ 1,120 08 10 Concrete Valley Gutter 412 SF $ 8 15 $ 3,357 80 11 Sawcut and Remove Existing Curb&Gutter 8 LF $ 3 71 $ 29 68 12 Sawcut and Remove Existing Pavement 247 SY $ 21 60 $ 5,335 20 13 Survey Marker'Type B' 1 EA $ 142 80 $ 142 80 14 4"White Traffic Thermoplastic Stripe 239 LF $ 0 40 $ 95 60 15 4"Yellow Traffic Thermoplastic Stripe 478 LF $ 0 38 $ 181 64 16 Thermoplastic'BIKE'Legend and Arrow 1 EA $ 186.48 $ 186 48 17 Sign(Single Post) 2 EA $ 295 44 $ 590 88 18 Street Name Sign 1 EA $ 148 32 $ 148.32 19 Streetlight Pole and Mast Arm 2 EA $ 926 40 $ 1,852 80 20 150W HPS Luminaire 2 EA $ 237 60 $ 475 20 21 1"Flexible Conduit 20 LF $ 2 53 $ 50 60 22 2 1/2"Sch 40 PVC Conduit 300 LF $ 6 73 $ 2,019.00 23 Install SRP Supplied Junction Box 2 EA $ 117 17 $ 234 34 Total $ 57,265.56 r ;elk ,...04 01"01008 yo ^r, TIMOTHY M. • e O'NEILL ky 44 4- tl Expltes: g./f( //i EXHIBIT E2 16TH AVENUE IMPROVEMENTS-PHASE TWO ENGINEERS COST ESTIMATE Description quern. Unit Unit Cost Total 1 Subgrade Preparation and Compaction 5,136 SY $ 8.15 $ 41,858.40 2 10"ABC 5,136 SY $ 7 20 $ 36,979.20 3 1-1/2"A-12.5 Asphalt Concrete 5,136 SY $ 8 01 $ 41,139.36 4 2-1/2"A-19 Asphalt Concrete Pavement 5,136 SY $ 12 13 $ 62,299 68 5 Fog Seal SS-1H 5,136 SY $ 034 $ 1,74624 6 Vertical Curb&Gutter 1,626 LF $ 10.13 $ 16,471.38 ....` 7 Roll Curb&Gutter 80 LF $ 12 48 $ 998 40 8 Concrete Sidewalk(5"Thick) 7,692 SF $ 3.10 $ 23,845.20 9 Concrete Driveway Modified(6"Thick) 1,010 SF $ 4 88 $ 4,928 80 10 Concrete Sidewalk Ramp Per ADOT Std Det C-05 30 9 EA $ 843 60 $ 7,592.40 1 i Truncated Domes 117 SF $ 43 08 $ 5,040 36 12 Concrete Apron and Valley Gutter(4 locations) 1,516 SF $ 8.15 $ 12 355.40 13 Adjust Water Valve to Finish Grade 3 EA $ 316 08 $ 948.24 14 Relocate Existing Water Meter 3 EA $ 1,020 00 $ 3,060 00 15 Adjust Water Meter to Finish Grade 2 EA $ 243.60 $ 487 20 16 Adjust Plated Manhole to Finish Grade 3 EA $ 376 80 $ 1,130 40 17 Sawcut and Remove Existing Curb&Gutter 1,260 LF $ 3 71 $ 4,674 60 18 Sawcut and Remove Existing Pavement 4,560 SY $ 21 60 $ 98,496 00 19 Sawcut and Remove Existing Sidewalk&Valley Gutter/Apron 4,060 SY $ 21 60 $ 87,696 00 20 Fire Hydrant Pavement Marker 7 EA $ 36 00 $ 252 00 21 Survey Marker'Type A' 1 EA $ 354 00 $ 354 00 22 Survey Marker'Type B' 4 EA $ 142 80 $ 571 20 23 4"White Traffic Thermoplastic Stripe 1,453 LF $ 0 40 $ 581 20 24 4"Yellow Traffic Thermoplastic Stripe 2,382 LF $ 0 38 $ 905 16 25 Thermoplastic'BIKE'Legend and Arrow 4 EA $ 186 48 $ 745 92 26 Sign(Single Post) 4 EA $ 295 44 $ 1,181 76 27 Streetlight Pole and Mast Arm 4 EA $ 926 40 $ 3,705 60 28 150W HPS Luminaire 4 EA $ 237 60 $ 950 40 29 1"Flexible Conduit 80 LF $ 2 57 $ 205 60 30 2 1/2"Sch 40 PVC Conduit 700 IF $ 6 73 $ 4,711 00 31 Install SRP Supplied Junction Box 4 EA $ 117 17 $ 468 68 Total $ 466,379.78 . 4,4 of* `oessiona/F, 10006 Q c? w TIMOTHY o d cc O'NEI l� �`r/aned.. ' Expires:c2./31 /t'i .r EXHIBIT E3 16TH AVENUE IMPROVEMENTS-PHASE THREE ENGINEERS COST ESTIMATE Description Quan. Unit Unit Cost Total 1 Subgrade Preparation and Compaction 3,740 SY $ 8.15 $ 30,481 00 2 10'A B C 3,740 SY $ 7.20 $ 26,928 00 3 1-1/2"A-12.5 Asphalt Concrete 3,740 SY $ 8,01 $ 29,957 40 4 2-1/2"A-19 Asphalt Concrete Pavement 3,740 SY $ 12.13 $ 45,366 20 5 Fog Seal SS-1H 3,740 SY $ 0.34 $ 1,271 60 6 Vertical Curb&Gutter 718 LF $ 10 13 $ 7,273 34 ''"'` 7 Concrete Sidewalk(5"Thick) 5,547 SF $ 3 10 $ 17,195 70 8 Concrete Driveway Modified(6"Thick) 2,632 SF $ 4 88 $ 12,844 16 9 Concrete Sidewalk Ramp Per ADOT Std.Det C-05 30 4 EA $ 843 60 $ 3,374 40 10 Truncated Domes 52 SF $ 4308 $ 2,24016 11 Concrete Apron and Valley Gutter(1 location) 379 SF $ 8 15 $ 3,088 85 12 Relocate Water Valve 2 EA $ 1,082 40 $ 2,164 80 13 Relocate Existing Water Meter 9 EA $ 1,020.00 $ 9,180 00 14 Adjust Plated Manhole to Finish Grade 3 EA $ 376.80 $ 1,13O 40 15 Sawcut and Remove Existing Curb&Gutter 8 LF $ 3 71 $ 29 68 16 Sawcut and Remove Existing Pavement 2,898 SY $ 21.60 $ 62,596 80 17 Sawcut and Remove Existing Sidewalk 4 SY $ 21.60 $ 86 40 18 Remove and Reset Existing Mailbox B EA $ 250 80 $ 2,006 40 19 Fire Hydrant Pavement Marker 3 EA $ 36.00 $ 108 00 20 Survey Marker'Type B' 5 EA $ 142 80 $ 714 00 21 4"White Traffic Thermoplastic Stripe 1,516 LF $ 0.40 $ 606 40 22 4"Yellow Traffic Thermoplastic Stripe 2,302 LF $ 0 38 $ 874 76 23 Thermoplastic'BIKE'Legend and Arrow 5 EA $ 186.48 $ 932 40 24 Sign(Single Post) 7 EA $ 295.44 $ 2,068 08 25 Street Name Sign 1 EA $ 148 32 $ 148 32 26 Remove&Relocate Existing Yard Lights 2 EA $ 1,500 00 $ 3,000 00 27 Streetlight Pole and Mast Arm 8 EA $ 926.40 $ 7,411 20 28 150W HPS Luminaire 8 EA $ 237 60 $ 1,900 80 29 1"Flexible Conduit 160 LF $ 2.53 $ 404 80 30 2 1/2"Soh 40 PVC Conduit 1,120 LF $ 6 73 $ 7,537 60 31 Install SRP Supplied Junction Box 8 EA $ 117 17 $ 937 36 32 6"Class 150 DIP 343 LF $ 58.20 $ 19,962 60 33 6"x6"Class 150 DIP Tee 1 EA $ 600 00 $ 600 00 34 6"Gate Valve and Valve Box Type'C'Per M.A G.Std Dtl 391-1 1 EA $ 1,916.40 $ 1,916.40 35 Remove and Relocate Air Release Valve 1 EA $ 2,746 50 $ 2,746 50 36 Remove and Relocate Back Flow Prevention Assembly 1 EA $ 1,200 00 $ 1,200 00 37 Remove and Dispose of Existing 6"ACP Water Main 20 LF $ 28 92 $ 578.40 38 Grout Existing 6"ACP Water Main 343 LF $ 12 88 $ 4,417 84 39 Abandon Water Valve in Place 1 EA $ 332 88 $ 332 88 Total $ 315,613.63 , A Qtoieg:iona/fir ���a�QZ�EICAtFy'�o�, __ti,\, v 1006 c� r) TIMOTHY °C w O'NEi1L i, -vsOned,} 1, 49jZONA,tSSA Expires:(Z/ (//v V p ta• , -y AGMui► -c-cwt t5 (3.0 , �1Gki� C hto, -44kak11. AR' bets `^ V 41 v014. � 1"1 . compactio,, blue pr, ting expenses, any processing, plan check/pernut fees, and engmeermg services r;wired t, obtain permit for, and complete, the work, any corrections, changes or additions o the 'ork required by the City and/or necessitated by site conditions, sales tax, insura i-- coy, s, so-c d " eral conditions" and a general contractor's fees not to exce= t. ).ercent (8-10%)• ere work is performed by others and charged to this io Projec ac . ;.st charge othe shall be the cost of that improvement. 3 2 Estimated Costs of Improvements. Attached as Exhibit"E" is the estimated cost of Improvements covered by this Agreement The Parties agree that the estimated costs set forth m Exhibit "E" in no way limits either parties' obligations to pay their share of the actual costs 1 prior to the construction of the Improvements. 3 3 Public Procurement Process Required Developer agrees and acknowledges that to qualify for reimbursement under this Agreement for the construction of the Non-Adjacent Improvements (i.e., the Phase II and Phase III improvements), it must comply with the public procurement processes of the City,Title 34 of the Arizona Revised Statutes, and Achen-Gardner, Inc. v Superior Court, 173 Ariz 48, 839 P 2d 1093, which will include the fair and competitive selection of the lowest responsible and responsive bidder for the Non-Adjacent Improvements; provided however, that the City reserves the right to reject any and all bids and re-bid the Phase II or Phase III Improvements if it deems the amount of the bid to be unreasonable. The City agrees to assist Developer in completing this public bidding process IV CITY'S OBLIGATION TO ACCEPT AND REIMBURSE 4 0 Subject to the one(1)year warranty period set forth in Section 2 3, City agrees to. reimburse Developer the cost of the Phase II and Phase III Improvements, as defined by this Agreement,as follows (a) Within thirty(30) calendar days of Developer submitted invoices detailing the cost of the Phase II and Phase III Improvements mstalled through the most recent billing cycle, and on a monthly basis thereafter, ninety percent (90%) of Developer's cost of the Improvements covered by this Agreement (b) The remaining ten percent (10%) of the Cost of the Improvements within fifteen(15)calendar days of completion of all punch list items presented to Developer by City 4 1 For purposes of this Agreement, substantial completion shall be determined by City based upon commonly accepted industry standards in Metropolitan Phoenix, Arizona, to be guaranteed by a one-year warranty, which may be provided by a separate warranty bond or included in a performance bond 4 2 After the one-year warranty period, City agrees to accept ownership and responsibility for all future maintenance and repair of all of the Improvements , 4 . 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'.`^,' � it 1 11 O s•oanr'4r•es6aao' � 1 `� x PARCEL NUM PARCELPARCEL NUMBER PARCCL NUMBER tv a-+raf roz-1e-o24 r I D lar-re oma o an 01 APAaC"C" am OF APACW tNCTkly Z --i an a•APAOC 2tY��Bi m if 0 CD m � Mm DEu t E DR. DZ Z co4 N NN m k t R* P. h a !+ N Z CQ L1 >4 Co c v a ro 'ate �C> oo ' � u • 0 =_�zxt � �" 2b c m Yg i m -FI a O D xcxior w avlve co CEVAtf m �r o� D < �� �_— � m J ' n b V Yhfi� O N ` .T, o 1.� O Mpa I? AOAAo PP pope � TyQ r.� as h N Q-ll ��� � � m � _0 r rn •( C t , S �^ D ARCWriC1QD DROVE z m m ZJJ o SMUT nnE PRELIMINARY PLAT Z O'NEILL ENGINEERING, L.L.C. - m 2001 West Comalbock Ron N „ > *c > Suite 200 N ry"A Phoonlx, Arizona 8) VILLAGIO SUBDIVISION Z N ^ -� (602) 242-0020 FAX: (602 242 5722 (/1 m N r,,,� APACHE JUNCTION, ARIZONA U www.ontilleng.com RECD JUL17 201z I I i I I cn m � I III111 G) X m O Y' o Z MERIDIAN DR. Duo " o IN p, SUPERSTITION MIPADOWS 8I I it CABINET B;'SUDE 2 P,C.R. k I I�jI b CITY OF,.APACHE .!�lNC77ON ZONING=THE Q x r S oo '4 w 160.00' r rnr4.•�"" - ---- — - - - •-:.•max+ - ---L_ �• —ice— ��j.yR. --�- N ya.2w Lw.Li�u' '��:. r I J � '��r'Kib 5.�+� r�¢`•}f��f�t�� \' ;I SE78AGt� I,I F.:, � ��..i..' ! I ;.i;t.,r., -� I. �•zt'�b -, � .t::;r�", 1 11 ,! 7 SRP tMU7'j oxT M,4,PO I N �I A 40 R/W mr POP 1 -'ti i:: I •• ',; rt• �.:.:' iq -t lE IN15 SHEET ._". yr l ! I o I t x •- i ,b�y"',�:y:n; I I .+:.: 1b��V ; ^5�� . I ���~�a a��l rt�Q � Ie `�a:'� ` I _ I� 7T7A0T A _ - ro• 7RAC7 E -T _CT A— rTl SISR I I ;,i f J,4n8 �rl� t•.t`; I /! j{',:\': 'iris ..; I I � 'S.G.�;",::-:1• !o��^ .76f i I J J L t�i b�1 V u .� WA TER I � I I I \itl 1 ` '• L SETBACK N� I�' - �, �rk `j r' •�I I� 5 it t s ''� ?,^'7,,`d 1I.c'. I � I �1 T I j r b. C Lx— t P'D i o� A`� �•• b C) A �It I II I (n S OOOr'47-E 650. .I �I I x_ ti PARCE .NUMBER g 102—, -0018 a CITY OF APAj rHE JUNC77ON O ZONI G=7N 8 ' ���� m I Im DELA�WARE DR�, a n, I Q � S 1€=�I �I O L.C. SHEET n7 PRELIMINARY PLAT 'NEILL ENGINEERING, m # m �i K a• - f 2001 West Comalback Rood 1 < 1 w v }X+N% Phoenlx Arizona 85015 242-0020 VILLAGfO SUBDIVISIONo (602) X " Z www.onellieng.com APACHE JUNCTION, ARIZONA U) 1 I, i __ __ _ _ _ _ _____ ___ _ ______ __ _ _ __ I x ___________ S s LAWSON DRIVE I ! 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CITY OF APACHE JUNCTION' `\ ZONING—TH _ o Z_.� ZONING-TH .J it rli mill' 3 I4 I n,>� PRELIMINARY PLAT R g z 0 NEILL ENGINEERING, L. .C. rri -tqT <_ + m Arm 2001 West Camelback Road II L-4 ` K N >t Z�O, Suite 200 to p "'� Phoenix, Arizona 85015 ; VILLAGIO SUBDIVISION z ct L, +. ° '602) 242-0020 FAX: (602) 242-572 APACHE JUNCTION, ARIZONA I U www.onatileng.com II DESERT VIEW PLACE �`. ,`�~ DESERT VIEW PLACE a TRACT A TRACT A LANDSCAPE TRACT 4rI i, Yam- ' LANDSCAPE TRACT I I� �O/ I I I J•PtIE { I Z ZI � I �:�.:.�-".� I\ .�ter..-�:� • 77 I. rl.l �I I sErsA rX cx �c � 'I � � `I �k '� sETnA Tj I 1 �1 t I :•L.. C .::I•.-. �$ J• I I L`sEresur !VDAcx I.— mpa Z I � .• r� .-� i • I..' � I � I � c� I I PO L t I j I :3E n - I ---4 I - _ ry I I Ilr Crl I n -- -_l -- -- -- --Jr- r-- � b 1 ! J'PU£ I Ilk, J'Pfl£ l Jai �� I. J•Pu£ Q 4 I I I 2 + ti11 yi. ii�� --- 1-`- ----- --- m I I got � t C Y I I I I J'USE&BENEFIT I I J'U$E&BENVIr (U.B.E.) I ; I ! 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FINAL PLAT B m oi- I2001 West Camelback Road No N ; Suite 200 Phoenix, Arizona 85015; y (602) 242-0020 FAX: (602) 2a2-5722 V I L LA G I O S�B D I V I S I O N z zu ` WWW"nail eng.com APACHE JUNCTION, ARIZONA (/) 1 ! �l II �Am z � D 90 � I I I I —- MERIDIAN DRIVE I � 00 - — 8 � g� ^� m It � A S3 > I a z ' SUPERSTITION MEADOWSLO CABINET 8, SLIDE 22 P.C.R. tiE X N kl Ln S 00 ro0'40"W 460.00' R , m-- 1 1 - Sir--- --- s3---- I------34.ao I a.av'— I—--— — - - - --- JT}- J�m U.H.E F'�UH.E F p U.H.E.I I U.H.E.i N�i I � . ra i ''� Ioo I�4 � (1UE—I I.w J• C C -LJs'F� S00D0'4o"w 6400'JIIP.U.F. A°' dl.�k I P.U.E. J' fa4 I{ 7'S.R.P.ES1/7 M I{•,II•{•iJ J• I , P.UE „, I i--PEA DKr 1629 P.U.E—I II �- Ilntii PG 195 J 4-�---- i.. S S00ro0L0"w 64.00 I 5000040 w 64.0p T v I J S00O040'W a&OJ' P.Uf. ppN D.E. 1 D.E. pN J' I !! 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CITY OF APACHE JUNCTION' `\ ZONING—TH _ o Z_.� ZONING-TH .J it rli mill' 3 I4 I n,>� PRELIMINARY PLAT R g z 0 NEILL ENGINEERING, L. .C. rri -tqT <_ + m Arm 2001 West Camelback Road II L-4 ` K N >t Z�O, Suite 200 to p "'� Phoenix, Arizona 85015 ; VILLAGIO SUBDIVISION z ct L, +. ° '602) 242-0020 FAX: (602) 242-572 APACHE JUNCTION, ARIZONA I U www.onatileng.com II DESERT VIEW PLACE �`. ,`�~ DESERT VIEW PLACE a TRACT A TRACT A LANDSCAPE TRACT 4rI i, Yam- ' LANDSCAPE TRACT I I� �O/ I I I J•PtIE { I Z ZI � I �:�.:.�-".� I\ .�ter..-�:� • 77 I. rl.l �I I sErsA rX cx �c � 'I � � `I �k '� sETnA Tj I 1 �1 t I :•L.. C .::I•.-. �$ J• I I L`sEresur !VDAcx I.— mpa Z I � .• r� .-� i • I..' � I � I � c� I I PO L t I j I :3E n - I ---4 I - _ ry I I Ilr Crl I n -- -_l -- -- -- --Jr- r-- � b 1 ! J'PU£ I Ilk, J'Pfl£ l Jai �� I. J•Pu£ Q 4 I I I 2 + ti11 yi. ii�� --- 1-`- ----- --- m I I got � t C Y I I I I J'USE&BENEFIT I I J'U$E&BENVIr (U.B.E.) I ; I ! 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UB.F. 40.6; _ 40. 76� - ID�D -----fII Q-0,' - 40.00' $000147'E 6a00'(R)(u) F, y UNSUBDIVIDED 102-18-0018;wzM 40* m D LAWAREx DR-I— VE D 0D4 w cn D m o 2 c Q �� c om I i s 3I N �-�- 0 S � I O'NEILL ENGINEERING, L.L.C. FINAL PLAT � O a � r � q 4G 2O01 West Comelback Rood c N u _ suite 200 N .i �; Phoenix, Arizona 85015 VILLAGIO SUBDIVISION ct � N ro (602) 242-0020 FAX; (602) 242-5722 O _ � N = APACHE JUNCTION, ARIZONA tZlf u www.onell eng com Ili I it I I I I r I O n�Lm� I � Z I ' I D W W m D A N b =_ SUPERSTITION MEADOWS o � M CABINET B, SLIDE 22 P.C.R. b rr1 S DOt70'40'W 160.OD' R M 40 (f) -- �- I .�i1 ----T-�zsar---- --- ---- ---,-�- -- -— — —g�— —— — — 10 mr 1u.e.c q I �8 Y.N.A.E. U.B.E I l33 �N� 4 I I pub .1 SOOVO'40-W 64.00'3. I J Soovo fo w 64.00 O.E. tiI50090-I•26. W fq ;C 0) tmW �4r kJ a! S I � fad n im '! m q ! - k y 32.79' 32.79' ��JJJ�I, r L IJ C ��Z erz \ I" ^ t ffL7 t vO� i�� D.F. 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'riirarlii►l al®' LA s a la �r�r 1f11 aaa In. ry►rh.r�:1 ' s hvrrP.� 11 III g a g a +s►ai+;aF�1 t.m a r• /rrllariirrl ., rr»rrrrrl was as 'JAIN Vp lisle t - •,_� - �ehhw�r�ir s lass �1 r t 11' rrr■ :� rra�i ~sort '� 11' rsrr :ram_ '. r.:r r r s+r tD^4 z.�y, sraa .. ks .. a.ctsl W-Do t It; r �a stiff 41 77 `.. t J.,A, ROLL CALL VOTE NOTES: i I \\ t'° r\ * \ iv\), , , , ();( \ ii‘ 9a/V)i L...,/ i Ul ( 3j ITEM # \ MEETING OF MOTION BY: SECONDED BY `/'"V YES NO ABSTAINED ikAnn--'' COUNCILMEMBER WALDRON COUNCILMEMBER WILSON COUNCILMEMBER EVANS „/ VICE MAYOR DIETZ COUNCILMEMBER SERDY I MAYOR INSALACO UNANIMOyS IN FAVOR OPPOSED ABSTAINED TOTAL AIM ITEM NO. 15 I MOVE THAT THE DEVELOPMENT AGREEMENT BETWEEN VILLAGIO ESTATES LLC AND THE CITY OF APACHE JUNCTION FOR 16TH AVENUE ROADWAY IMPROVEMENTS WITH THE CITY BEING RESPONSIBLE FOR IMPROVEMENTS WEST AND EAST OF THE SUBDIVISION IN THE AMOUNT OF $790,000 00 (BE APPROVED) OR(BE DENIED). rPACHE a City of Apathe Junction Home of the .4 upet:c/ltzotz A l oulztatns 4Pizofr Print TO: City Manager's Office FROM: Kathy Connelly, City Clerk DATE: October 2, 2012 r,genda Type : Regular Agenda Council Priority Focus Area: Required by Federal Law or State Statute TITLE OF AGENDA ITEM: ANNUAL BOARD AND COMMISSION APPOINTMENTS AND REAPPOINTMENTS ACTION REQUESTED: Recommendation for Approval DISCUSSION/ BACKGROUND INFORMATION: Council interviewed applicants at the October 1 Work Session This item allows the council the opportunity to appoint or reappoint applicants to the Board of Adjustment, Library Board, Parks and Recreation Commission and Planning and Zoning Commission. FISCAL IMPACT: OPTIONS/ALTERNATIVES: ECOMMENDATION: ATTACHMENTS: Click to download U cover memo oomkk .00•0%, SEPTEMBER 19 2012 MEMORANDUM TO HONORABLE MAYOR AND CITY COUNCIL MEMBERS THROUGH GEORGE R HOFFMAN, CITY MANAGER THROUGH KATHLEEN CONNELLY CITY CLERK y, FROM JAN MASON, DEPUTY CITY CLERK ,1;- SUBJECT AGENDA ITEM FOR OCTOBER 2, 2012 (BOARD & COMMISSION APPOINTMENTS & REAPPOINTMENTS) The council interviewed new applicants and reappointees for board and commission appointments at the work session of October 1, 2012 Copies of talent bank appl,cations for current board and commission members wishing to be reappointed and new applicants were given to council in an accompanying notebook Included in the notebook was an updated version of the board and commission list showing current vacancies and term expiration dates. You may choose to fill any or none of these vacancies from the pool of applicants Please contact me if you have need additional information ROLL CALL VOTE NOTES ITEM # MEETING OF MOTION BY Pi\l' r SECONDED BY JAI YES NO ABSTAINED VICE MAYOR DIETZ COUNCILMEMBER WILSON COUNCILMEMBER BARKER COUNCILMEMBER SERDY I COUNCILMEMBER EVANS ill COUNCILMEMBER WALDRON V MAYOR INSALACO ( UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL ROLL CALL VOTE NOTES , /litt' ITEM # MEETIN F 4 MOTION BY: SECONDED BY: JYES NO ABSTAINED COUNCILMEMBER WILSON / COUNCILMEMBER SERDY {, COUNCILMEMBER WALDRON V VICE MAYOR DIETZ 1 COUNCILMEMBER BARKER / COUNCLMEMBER EVANS MAYOR INSALACO V UNANIM US IN FAVOR OPPOSED ABSTAINED TOTAL ROLL CALL VOTE NOTES 1./StP1 ITEM # MEETING OF MOTION BY SECONDED BY: YES NO ABSTAINED COUNCILMEMBER EVANS COUNCILMEMBER BARKER VICE MAYOR DIETZ COUNCILMEMBER WALDRON COUNCILMEMBER SERDY V/ COUNCILMEMBER WILSON ✓/ MAYOR INSALACO UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL ROLL CALL VOTE NOTES 411) n (, ITEM # MEET! € OF 41- MOTION BY SECONDED BY YES NO ABSTAINED 1 COUNCILMEMBER WALDRON COUNCILMEMBER EVANS COUNCILMEMBER SERDY COUNCILMEMBER BARKER COUNCILMEMBER WILSON VICE MAYOR DIETZ MAYOR INSALACON./1‘7 UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL ROLL CALL VOTE NOTES: I�tr /10P1 ITEM # MEETING OF MOTION BY: SECONDED BY YES NO ABSTAINED COUNCILMEMBER SERDY VICE MAYOR DIETZ COUNCILMEMBER EVANS V t; COUNCILMEMBER WILSON V COUNCILMEMBER WALDRON V COUNCILMEMBER BARKER MAYOR INSALACO UNANIMO S IN FAVOR OPPOSED ABSTAINED TOTAL ROLL CALL VOTE NOTES: \\\/ -lkilli ITEM # MEETING OF MOTION BY SECONDED BY YES NO ABSTAINED COUNCILMEMBER BARKER / COUNCILMEMBER WALDRON COUNCILMEMBER WILSON 1,/ COUNCILMEMBER EVANS J/ VICE MAYOR DIETZ V COUNCILMEMBER SERDY V MAYOR INSALACO UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL , ROLL CALL VOTE NOTES: ITEM # MEETING OF MOTION BY. SECONDED BY: YES NO ABSTAINED VICE MAYOR DIETZ COUNCILME BER WILSON COU I EMB BR f COUNCILMEMBER SERDY ✓ COUNCILMEMBER EVANS COUNCILMEMBER WALDRON ✓ MAYOR INSALACO UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL ITEM NO. 16 BOARD OF ADJUSTMENT (2 POSITIONS) (motion for reappointment—one wis , I to be reappointed) II I MOVE THAT �' BE REAPPOINTED TO THE BOARD OF ADJUSTMENT FOR A TERM TO EXPIRE ON OCTOBER 31, 2015 (motion for new appointm —one new appointee) I MOVE THAT BE APPOINTED TO THE BOARD OF ADJUSTMENT FOR A RM(S TO EXPIRE ON OCTOBER 31, 2015 LIBRARY BOARD (2 POSITIONS) (motion for reappointment—o e wi hingto be reappointed) I MOVE THAT \ Vri\I BE REAPPOINTED TO THE LIBRARY BOARD FOR A TERM TO E PIRE ON OCTOBER 31, 2015. (motion for new appointment—one newt appointee) I MOVE THAT I"' BE APPOINTED TO THE LIBRARY BOARD FOR A TERM(S) TO EXPIRE ON OCTOBER 31, 2015 PARKS AND RECREATION COMMISSION (4 POSITIONS) (motion for reappointment—two wishing t be reappointed) I MOVE THAT \\) 7 -fi BE REAPPOINTED TO THE PARKS AND RECREATION COMMISSION FORA ERM TO EXPIRE OCTOBER 31, 2015 (motion for new appointment—,•ne new appointee expiring in 2015)Nv I MOVE THAT r 4 _BE APPOINTED TO THE PARKS AND RECREATION COMMISSION FOR A TERM TO EXPIRE OCTOBER 31, 2015 (motion for new appomtme t—one new appointee expiring in 2014) I MOVE THAT BE APPOINTED TO THE PARKS AND RECREATION COMMISSION FOR A TERM TO EXPIRE OCTOBER 31, 2014 PLANNING AND ZONING COMMISSION (2 POSITIONS) (motion for reappointment—two wishing to�b9;ee�re�ppomted) I MOVE THAT ( ll(�-� �l ^i( BE REAPPOINTED TO THE PLANNING AND ZONING COMMI SION FOR A TERM(S) TO EXPIRE ON OCTOBER 31,2015. (motion for new appointment—only if do not want current two reappointed) I MOVE THAT BE APPOINTED TO THE PLANNING AND ZONING COMMISSION FOR A TERM(S) TO EXPIRE ON OCTOBER 31, 2015. ITEM NO. 16 BOARD OF ADJUSTMENT (2 POSITIONS) (motion for reappointment—one wishing to be reappointed) I MOVE THAT BE REAPPOINTED TO THE BOARD OF ADJUSTMENT FOR A TERM TO EXPIRE ON OCTOBER 31, 2015 (motion for new appointment—one new appointee) I MOVE THAT BE APPOINTED TO THE BOARD OF ADJUSTMENT FOR A TERM(S) TO EXPIRE ON OCTOBER 31, 2015. LIBRARY BOARD (2 POSITIONS) (motion for reappointment—one wishing to be reappointed) I MOVE THAT BE REAPPOINTED TO THE LIBRARY BOARD FOR A TERM TO EXPIRE ON OCTOBER 31, 2015. Adak (motion for new appointment—one new appointee) I MOVE THAT BE APPOINTED TO THE LIBRARY BOARD FOR A TERM(S) TO EXPIRE ON OCTOBER 31, 2015. PARKS AND RECREATION COMMISSION (3 POSITIONS) (motion for reappointment—two wishing to be reappointed) I MOVE THAT BE REAPPOINTED TO THE PARKS AND RECREATION COMMISSION FOR A TERM TO EXPIRE OCTOBER 31, 2015. (motion for new appointment—one new appointee) I MOVE THAT BE APPOINTED TO THE PARKS AND RECREATION COMMISSION FOR A TERM(S) TO EXPIRE OCTOBER 31, 2015. PLANNING AND ZONING COMMISSION (2 POSITIONS) ^ (motion for reappointment—two wishing to be reappointed) I MOVE THAT BE REAPPOINTED TO THE PLANNING AND ZONING COMMISSION FOR A TERM(S) TO EXPIRE ON OCTOBER 31, 2015. (motion for new appointment—only if do not want current two reappointed) I MOVE THAT BE APPOINTED TO THE PLANNING AND ZONING COMMISSION FOR A TERM(S) TO EXPIRE ON OCTOBER 31, 2015 _° ,µ �- C;it of Apache Junction Home of the Superrtitzon Mountains ountain., Print TO: City Manager's Office FROM: Brad Steinke, Development Services Director DATE: October 2, 2012 ,,genda Type : Regular Agenda Council Priority Focus Area: Community Development TITLE OF AGENDA ITEM: DIRECTION TO STAFF REGARDING TEMPORARY USE REGULATIONS. ACTION REQUESTED: Direction to Staff DISCUSSION / BACKGROUND INFORMATION: Staff respectfully seeks council direction on possible changes to the city's downtown regulations regarding temporary uses. FISCAL IMPACT: Budgetary Approval Not Required OPTIONS/ALTERNATIVES: Zoning Ordinance Requirement RECOMMENDATION: 'irection to staff. ATTACHMENTS: Click to download Ll Cover Memo Pp NCH ~�� 4 City of Apache Junction QA, o P Development Services Department To: Mayor and City Council From. Brad Steinke, Director of Development Services Date. September 18, 2012 RE: Direction to Staff on Temporary Uses As a result of our recent 4th of July fireworks sales experience, City Council members recently discussed temporary use regulations in the downtown area and asked for staff to return for "Direction to Staff'regarding possible code changes As a result of the Council discussion, some members thought it might be wise to strengthen the temporary use regulations with respect to time limits, location, setbacks and accessory structures. Time Limits and Location The following table illustrates the current regulations regarding time limits and location for temporary uses that may be administratively approved by Development Services staff If the Council wishes to change any of these standards, we ask that you give us such direction. Temporary Use or Structure Maximum Time Frame Location Temporary Office Facilities (i.e.,To 1 year(renewable by staff for Developed or support existing or developing business use) additional year upon a finding developing site of need) Construction-Related Activities (i e, 1 year(renewable by staff for Developed or Construction trailers,modular units and additional year upon a finding developing site parking to support construction and land of need) development projects) Seasonal Holiday Sales for Christmas 30 days per holiday per Developed or vacant (i.e.,trees&wreaths), Halloween (i.e., location site pumpkins&gourds) and 4th Of July(i e, fireworks) Farmers Market, Fruit&Produce 3 days per week per Developed or vacant Stands(Excludes flea markets and swap location site meets) Vendors Using Carts, Booths or 3 days per week per Developed site Kiosks(excludes food and beverage sales) location Car Tent Sales(i e.,Applies only to city 7 consecutive days,4 Developed site approved new and/or used car sites) occurrences per year Classic Car Shows 3 days per week per Developed site location Art Display and/or Sales 7 days per week. Developed or vacant site 300 E Superstition Boulevard •Apache Junction,AZ 85119 • Ph (480)474-5082 •Fax(480)982-7010 Setbacks The current regulations do not specify a minimum front, rear or side setback for temporary uses. The code simply says that the location of parking and temporary equipment/structures, and the appearance of temporary signs and structures, shall be approved by Development Services Department staff As a result, staff will use its judgment on the location of these temporary facilities. If the Council is uncomfortable with this staff discretion,please give us direction on what, if any, ^+• changes you prefer. For example, you may want to establish a minimum setback from the road right-of-way and other public property Accessory Structures There was some concern voiced about the appearance and size of temporary use structures and equipment. For example, the fireworks sales folks all have cargo containers to store their product on site Others may wish to have a big truck to store their goods. Some vendors will likely want to cobble together unsightly sheds or stands to display their goods Others will want to sting up tarps for shade or bring in RVs for personal comfort Yet others will wish to festoon their site with bright and colorful lighting powered by noisy gas generators If any of these potential occurrences are disagreeable to you, please give direction for us to revise the regulations accordingly. 300 E Superstition Boulevard •Apache Junction,AZ 85119 • Ph (480)474-5082 •Fax(480)982-7010 ROLL CALL VOTE NOTES pry) ,., , ,,,, ,c, ITEM # NI MEETING OF )(--/'' ' A. MOTION BY: \, SECONDED BY \l YES NO ABSTAINED VICE MAYOR DIETZ COUNCILMEMBER WILSON V COUNCILMEMBER BARKER COUNCILMEMBER SERDY 7. COUNCILMEMBER EVANS V J COUNCILMEMBER WALDRON MAYOR INSALACOti UNANIMj S IN FAVOR OPPOSED ABSTAINED TOTAL i. ITEM NO. 17 I MOVE THAT THE FOLLOWING DIRECTION BE GIVEN TO STAFF REGARDING TEMPORARY USE REGULATIONS• ROLL CALL VOTE NOTES ' 9.-41 ' „0\-1/\01 ITEM # /\ MEETIN OF 0 MOTION BY SECONDED BY: ES NO ABSTAINED COUNCILMEMBER WILSON I COUNCILMEMBER SERDY COUNCILMEMBER WALDRON VICE MAYOR DIETZ V COUNCILMEMBER BARKER COUNCLMEMBER EVANS j/ MAYOR INSALACO UNANIMOUS' IN FAVOR OPPOSED ABSTAINED i TOTAL ` ITEM NO. 18-19 I MOVE THAT AN EXECUTIVE SESSION AT 5.45 P M. AND A WORK SESSION AT 7.00 P M. BE HELD ON MONDAY, OCTOBER 15, 2012, IN THE CITY COUNCIL CONFERENCE ROOM AND CITY COUNCIL CHAMBERS RESPECTIVELY; AND THAT AN EXECUTIVE SESSION AT 5.45 P M BE HELD ON TUESDAY, OCTOBER 16, 2012, IN THE CITY COUNCIL CONFERENCE ROOM. ADJOURNMENT: CI',t-P I MOVE THAT THE MEETING BE ADJOURNED AT P M ROLL CALL WS it 1 15, REG:) if /P SPEC: CITY COUNCIL: P / A P,// A P / A MAYOR INSALACO \j l/ VICE MAYOR DIETZ b / / ti COUNCILMEMBER BARKER COUNCILMEMBER EVANS `/ COUNCILMEMBER SERDY d V/ COUNCILMEMBER WALDRON - ✓ COUNCILMEMBER WILSON V TOTAL } CITY STAFF I C\ 1 City Manager George Hoffman -NA() I, Assistant City Manager Bryant % / Powell V City Clerk Kathleen Connelly ✓ / City Attorney Joel Stern i / Public Safety Director Jerald Monahanti 1' Interim Public Works Director/ City Engineer Giao Pham I Parks & Recreation Director Jeff Bell Library Director Spencer Paden l Finance Director Donna Meinerts Development Svcs Director Brad Steinke 0 )1 Human Resources Director Liz ` Riley .� �` cLC - ,, Assistant to the City Manager 4,j OTHERS k ' ' (tM4cA ' /i 1.V i 2Y ` ; 1 Date: CITY OF APACHE JUNCTION Please select an option: REQUEST TO SPEAK FORM Item No. OR Call to The Public (One Form Per Item) Please fill out completely and return to the City Clerk prior to the conclusion of the City Manager's Report portion of the agenda. Do you wish to speak before Council on this item? Yes No[1 Only If Necessary 7 El I am in favor of the proposed Item. II I am opposed to the proposed Item. 1 f'V c�c► aJ-e (3 r-()-w ^� Name (Print) c•pc) e. S l7 f4 e- Go /0/ Ce,,v y,0 g Address City Zip Code Telephone Email address This information will be used by staff for follow-up, if necessary. Speakers shall make comments directly to the Mayor and City Council when called up to speak at the podium. Note: Call to the Public comments have a three minute limit and Public Hearing comments have a five minute limit. 'onsent for Minor to be Audio and/or Video Recorded: I, - -- , as the parent/guardian of (minor(s)), a minor(s), agree to allow said minor(s) to appear and/or participate in the City of Apache Junction City Council Meeting I further understand that this activity may be audio and/or video recorded and I hereby consent to the minor being audio and/or video recorded during his/her participation with the likelihood that their image will appear on cable TV and the Internet video stream showing their participation Signature of Parent/Guardian Date 02/23/12