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HomeMy WebLinkAbout2010 06.14 City Council Work Session Agenda Ain bk • clzt City of Apathe Junction Home of'the Superstition Mountains 4/1120NF APACHE JUNCTION CITY COUNCIL WORK SESSION CITY COUNCIL CHAMBERS 300 EAST SUPERSTITION BOULEVARD APACHE JUNCTION,ARIZONA 85219 Monday, June 14, 2010 7:00 PM AGENDA 1. CALL TO ORDER. 2. ROLL CALL. 3. DISCUSSION ON APPOINTMENT OF MAGISTRATE PRO-TEM. Discussion on appointing Wafter Switzer as magistrate pro-tern for a two-year term 4. PRESENTATION AND DISCUSSION ON THE UNITED WAY OF PINAL COUNTY PROGRAM. Representatives from the United Way of Pinal County will provide an overview of the program 5. DISCUSSION ON CO-SPONSORING LEAGUE OF ARIZONA CITIES AND TOWNS RESOLUTIONS SUBMITTED BY CITY OF SIERRA VISTA AND CITY OF YUMA. Resolutions have been submitted by the City of Sierra Vista and the City of Yuma to City Council requesting co-sponsorship Resolutions should be broadly applicable by impacting a broad section of cities and towns Staff recommends that City Council consider co- sponsoring the following resolutions. -AEI.. 1 City of Sierra Vista-County Annexation 2 City of Yuma-Advertising meetings on web 6. PRESENTATION AND DISCUSSION ON MEDIACOM CABLE LICENSE AGREEMENT. The City has been in active cable license renewal negotiations with Mediacom since the summer of 2009. The parties have now come to a conclusion of those negotiations,which resulted in a consensus on the terms of such renewal,to include. 1)payment of additional public,educational and government(PEG)subscriber fees(an increase of 20 cents per month) 2)an extended 12-year term 3)advancement in technology stipulations 4)local office changes 5)program for system maintenance relating to preservation of safety 6)payment of missed license fees, internet and CPI adjustments in the approximate amount of$56,000 00. 7. DISCUSSION ON PROPOSED RESOLUTION NO 10-15,A MAJOR AMENDMENT TO A CONDITIONAL USE PERMIT TO EXPAND A PARKING LOT. Discussion on proposed Resolution No 10-15,a major amendment to a Conditional Use Permit to allow the Apache Junction Health Center a parking lot expansion to the north of their existing Health Center The parking lot expansion is on a one acre lot that is currently located on vacant land which is within the Foothills Subdivision Preliminary Plat which has not begun construction. The expansion will consist of 65 additional parking spaces to alleviate the parking shortage during peak season activity at the health center 8 DISCUSSION ON PROPOSED RES JTION NO 10-14,AN AMENDMENT TO t 1iE FOOTHILLS SUBDIVISION PRELIMINARY PLAT CONSISTENT WITH THE PROPOSED PLANNED DEVELOPMENT AMENDMENT ALLOWING A PARKING LOT EXPANSION. Discussion on proposed Resolution No 10-14,which will amend the Foothills Subdivision Preliminary Plat to allow the number of residential lots to be reduced from 118 to 104 for construction of a parking lot expansion at the Apache Junction Health Center. 9. DISCUSSION ON PROPOSED ORDINANCE NO. 1363,A MAJOR AMENDMENT TO THE CURRENT PLANNED DEVELOPMENT FOR THE FOOTHILLS SUBDIVISION AND CONCURRENTLY A REZONING FOR A ONE ACRE LOT FROM CR5/PD TO CR-3 TO ALLOW A PARKING LOT EXPANSION Discussion on proposed Ordinance No 1363,which will authorize a major Planned Development amendment to the Foothills Subdivision, allowing the number of residential lots to be reduced by 14(from 118 lots to 104 lots),and will authorize a rezoning of a one-acre lot from CR- 5/PD(Multifamily Residential Zone)to CR-3(Single Family Residential Zone)for the proposed Apache Junction Health Center's parking lot expansion 10. PRESENTATION AND DISCUSSION ON RESOLUTION NO. 10-24,AUTHORIZING THE CITY OF APACHE JUNCTION TO ENTER INTO A DEVELOPMENT AGREEMENT WITH SUPERSTITION MOUNTAIN MENTAL HEALTH CENTER. Superstition Mountain Mental Health Center(SMMHC)owns approximately 7.26 acres of improved and unimproved real property at the southeast corner of Plaza Drive and Superstition Boulevard and desires to construct a new 35,000 square foot,three-story mental health facility on the southernmost 3 46 acres of the property It is anticipated that this development will result in planning,economic and other public benefits to the City,including public infrastructure improvements to the portions of Plaza Drive adjacent to SMMHC's property,and will enhance the economic vitality of the City's downtown core and Crossroads Redevelopment Area Proposed Resolution No. 10-24 authorizes the City to enter into a development agreement with SMMHC to allow for the private and public improvements outlined above 11 DISCUSSION ON PROPOSED ORDINANCE NO. 1364,AMENDING THE ZONING DISTRICT MAP IN RESPONSE TO A REQUEST TO REZONE FOUR ACRES FROM GR TO CR-5/PD FOR CONSTRUCTION OF A 43-UNIT SENIOR HOUSING FACILITY Proposed Ordinance No 1364 will rezone a property located at the southwest corner of Valley Drive and Greasewood Street from GR (General Rural)to CR-5/PD (Multiple-Family Residence by Planned Development)in order to allow construction of a two story,43-unit senior-housing facility 12. PRESENTATION AND DISCUSSION ON PROPOSED RESOLUTION NO. 10-23,REQUESTING SURROUNDING CITIES AND TOWNS TO SHOW SUPPORT FOR THEIR RESIDENTS BY REJECTING THE PROPOSED UNTIMELY INCORPORATION OF SAN TAN VALLEY San Tan Valley's incorporation will have a negative financial impact on the budgets of existing municipalities This resolution requests that the city councils of the various communities consider this impact and reject the proposed incorporation at this time 13. PRESENTATION AND DISCUSSION ON RESOLUTION NO. 10-22,AUTHORIZING THE SUBMISSION OF A GRANT APPLICATION TO THE GILA RIVER INDIAN COMMUNITY STATE SHARED REVENUE GRANT PROGRAM. Proposed Resolution No. 10-22 authorizes the submission of a Gila River Indian Community State Shared Revenue Program application for Fiscal Year 2010-2011 Resolution No 10-22 is a mandated component of the grant application,and stipulates that the City is applying for up to$18,404 12 to purchase three mobile data terminals(MDTs)for installation in three Police cars The City may provide up to$6,300 in cash match, and this amount will be taken out of the Public Safety Department's approved budget for Fiscal Year 2010-2011 14. DISCUSSION ON THE PROPOSED TENTATIVE FISCAL YEAR 2010-2011 CITY BUDGET. 15. 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 Friday,8 00 a m to 5 00 p.m,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 Ci0 of Apache junction 21 Home of the Superstition Mountains \PrZOt4,1) a Print TO: City Manager's Office FROM: James W. Hazel, Ji. Presiding Magistrate DATE: June 14, 2010 Agenda Type : Work Session Agenda Council Priority Focus Area: Required by Federal Law or State Statute TITLE OF AGENDA ITEM: DISCUSSION ON APPOINTMENT OF MAGISTRATE PRO-TEM ACTION REQUESTED: Recommendation for Approval DISCUSSION!BACKGROUND INFORMATION: Discussion on appointing Walter Switzer as magistrate pro-tem for a two-year term. FISCAL IMPACT: OPTIONS/ ALTERNATIVES: City Code Requirement RECOMMENDATION: ATTACHMENTS: Click to download 0 Memo regarding Deputy Magistrate Ilk APACHE JUNCTION MUNICIPAL COURT 300 E. SUPERSTITION BLVD. APACHE JUNCTION, ARIZONA 85119 480-982-8250 TO: Mayor and City Council FROM. James W. Hazel, Magistrate RE Appointment of Pro-Tem Magistrate DATE: May 25, 2010 At the June 15, 2010 meeting on the consent agenda, I am requesting the appointment of pro-tern magistrate Walter Switzer for a two-year term. Section 5-1-3 of the City Code provides for the appointment of magistrates pro- tem. The usual procedure is to appoint these individuals for a two year period The current applicant is Walter Switzer. Walter Switzer was an assistant cityattorney as well as long time magistrate in the Mesa Municipal Court He is also a current judge pro-tern for the City of Tempe ,'1 Suggested motion: "I move that Walter Switzer be appointed as a pro-tern City Magistrate for the term of July 1, 2010 through June 30, 2012, and, The appointment is to be effective for said term after the execution of the Oath of Office." C O of Apache junction ( T\ Home of the Superstition Mountains 4RtzONr as Print TO: City Manager's Office FROM: George Hoffman, City Manager DATE: June 14,2010 Agenda Type : Work Session Agenda Council Priority Focus Area: TITLE OF AGENDA ITEM: PRESENTATION AND DISCUSSION ON THE UNITED WAY OF PINAL COUNTY PROGRAM ACTION REQUESTED: DISCUSSION/ BACKGROUND INFORMATION: Representatives from the United Way of Pinal County will provide an overview of the program. FISCAL IMPACT: OPTIONS/ALTERNATIVES: RECOMMENDATION: ATTACHMENTS: Click to download No Attachments Available 1' ! of Apache Junction Home of the Superstition Mountains 4Qfzaie. a Print TO: City Manager's Office FROM: Ruth Giese, Assistant to City Manager DATE: June 14,2010 Agenda Type : Work Session Agenda Council Priority Focus Area: Additional Item Outside Scope of Identified Council Priorities TITLE OF AGENDA ITEM: DISCUSSION ON CO-SPONSORING LEAGUE OF ARIZONA CITIES AND TOWNS RESOLUTIONS SUBMITTED BY CITY OF SIERRA VISTA AND CITY OF YUMA. ACTION REQUESTED: Recommendation for Approval DISCUSSION/BACKGROUND INFORMATION: Resolutions have been submitted by the City of Sierra Vista and the City of Yuma to City Council requesting co- sponsorship. Resolutions should be broadly applicable by impacting a broad section of cities and towns Staff recommends that City Council consider co-sponsoring the following resolutions. 1. City of Sierra Vista-County Annexation 2 City of Yuma-Advertising meetings on web FISCAL IMPACT: OPTIONS I ALTERNATIVES: RECOMMENDATION: ATTACHMENTS: Click to download 0 Sierra Vista Resolution LI City of Yuma Resolution /'% Resolution #24 Urges the Governor and the State Legislature to develop and pass legislation that allows greater flexibility in annexing county islands and allow greater ability for municipalities to manage preexisting development agreements after annexation. Submitted by: City of Sierra Vista, City of Apache Junction, Town of Marana, City of Yuma ************************* A. Purpose and Effect of Resolution Over the past 30 years, the State Legislature has made changes in annexation law to respond to actions by local governments that have had unintended, and often negative, consequences In 1980, the Legislature disallowed "strip" annexation by communities wanting to annex only highly lucrative commercial properties That same legislation also changed the law further to disallow the creation of county islands, recognizing that having such islands completely surrounded by an incorporated city or town is not good public policy Other steps have been taken within state law to improve the process, but more are needed Although new county islands can no longer be created, unfortunately a number of cities and towns in Anzona still have such areas within their incorporated city limits The islands are governed by the laws of their respective county, which is a branch of local government largely designed to provide rural services and a one- size-fits-all approach to planning and growth management Depending on the individual county/city, disparities between county and city regulations may exist, and in many cases, these service and/or enforcement differences are taking place literally across the street from areas with the same density and neighborhood type. It is time to allow a city or town more flexibility to extend urban services to these islands. This could include• allowing a city to shrink an island annexation area once the process has started if there is not enough interest to proceed with the entire area; removing the tie to assessed valuation in the process, allowing property owners with multiple properties within an annexation area to have a vote for each property, requiring property owners to sign a petition to opt out of a county island annexation rather than opt in, to address those areas with high out-of-town owners; or any combination of these methods The ideas would be discussed with legislators to determine the most viable Annexation can also be impeded by development agreements entered into with a county pnor to annexation by a municipality As a development agreement can be altered with the consent of both parties currently, a municipality should be able to retain this same ability and be allowed to stand in the shoes of the county to modify terms of a development agreement after annexation. This ability would prevent preexisting development agreements from impeding annexations B. Relevance to Municipal Policy Consistent service delivery to a community's residents insures that all areas of a city or town are appropriately managed Counties, by design, are funded to provide a rural level of service But such a service level within the middle of an urban area can, and has, led to problems that bleed over into incorporated cities Artificial financial barriers to annexation are also a disservice to the citizens of Arizona /1% /'isk C. Fiscal Impact to Cities and Towns If legislation moves forward that allows greater flexibility in annexing county islands, it would be up to cities and towns themselves to determine timing on annexing these areas if they choose Those communities that choose to move forward will need to extend their services to newly annexed areas. Those costs would be different for each community But nothing in the legislation should require a city or town from annexing county islands if they feel they cannot provide services It should be noted that counties currently providing services to these islands,if annexed, would save some money not doing so in the future Eliminating barriers to annexation within development agreements would improve revenues to cities and towns and would also improve service delivery and consolidate costs in the provision of services D. Fiscal Impact to the State There is no fiscal impact to the state when it comes to which local government provides local services Minor adjustments in state-shared revenues would be made based on any population changes, but it would be a reshuffling of the total allocation, not an increase in state revenues to local government. Eliminating barriers to annexation would also encourage economic development that would ultimately result in increased revenue to the state. E. Contact Information Name• Sierra Vista Mary Jacobs Title. Assistant City Manager Phone 520-458-3315 Email mjacobs@ci sierra-vista az us Name Marana Steve Huffman Title Intergovernmental Administrator Phone. 520-954-2233 Email shuffman@marana.com /'ik Requests that statutes, including A.R.S. §39-204, requiring publication of notices, agendas, reports, and other statutorily mandated publications, in a newspaper, be amended to allow cities and towns the option to publish on an official website. Submitted by: City of Yuma, Bullhead City, City of Tempe,Town of Paradise Valley, City of Apache Junction(pending Council approval on 6/14), City of Winslow(pending written confirmation), City of Prescott(pending Council approval on 6/8) * * * * * * * * * * * * * * * A.Purpose and Effect of Resolution There are no less than 26 statutes, including 16 in Title 9, that require cities and towns to publish, in a newspaper, notices, agendas, financial reports, etc These statutes specify the number of times a notice must be published and when and where publication must be made. Some statutes also dictate the size of the notice (e g quarter page) and the font size Publication must be in a newspaper of general circulation having "a bona fide list of paying subscribers", in the county where the city is located Yuma (population approximately 90,000) has only one local daily newspaper which has an average, county-wide, daily circulation of 21,000-22,000 The current trends indicate that more and more people are accessing news and information through electronic media and the internet rather than through traditional news and information sources, such as newspapers or other publications. Allowing cities and towns to publish required notices to an official municipal website or other electronic media, or to a newspaper in a form and format selected by the municipality, may reach exponentially more people at a lesser cost, freeing those resources for vital municipal services B.Relevance to Municipal Policy Cities seek to provide the most information to the widest audience as quickly as possible. The internet is rapidly overtaking newspapers as the primary source of news and information Posting required notices on an official website will reach a wider audience in less time and keep citizens better informed on matters that affect them. C.Fiscal Impact to Cities and Towns Allowing cities the option to publish on their website will free these funds for critical services Expenditures by City (*through April 2010) 09-10 08-09 07-08 06-07 Yuma *$19,027 $30,829 $35,158 $27,978 Bullhead City $36,663 $26,940 $39,754 Apache Junction $11,888 $13,613 $43,977 $46,556 D. Fiscal Impact to the State There is no anticipated fiscal impact to the state. E. Contact Information Name Connie Scoggins Title: Assistant City Attorney AIM Phone (928)373-5055 Email- Connie Scoggins@YumaAZ gov pp AC i 'I ok Cily of Apache Junction Hoene of the Superstition Mountains is Print TO. City Manager's Office FROM: R.Joel Stern, City Attorney DATE: June 14,2010 Agenda Type : Work Session Agenda Council Priority Focus Area: Community Infrastructure TITLE OF AGENDA ITEM: PRESENTATION AND DISCUSSION ON MEDIACOM CABLE LICENSE AGREEMENT ACTION REQUESTED: Presentation and Discussion DISCUSSION/BACKGROUND INFORMATION: The City has been in active cable license renewal negotiations with Mediacom since the summer of 2009. The parties have now come to a conclusion of those negotiations, which resulted in a consensus on the terms of such renewal, to include. 1) payment of additional public, educational and government (PEG) subscriber fees (an increase of 20 cents per month). 2) an extended 12-year term 3) advancement in technology stipulations 4) local office changes 5) program for system maintenance relating to preservation of safety. 6) payment of missed license fees, Internet and CPI adjustments in the approximate amount of$56,000.00 FISCAL IMPACT: Budgetary Approval Not Required OPTIONS/ALTERNATIVES: RECOMMENDATION: ATTACHMENTS: Click to download Mediacom License Renewal Agreement EIGHTH AMENDMENT TO CABLE SYSTEM LICENSE AGREEMENT BETWEEN MEDIACOM ARIZONA L L C AND THE CITY OF APACHE JUNCTION THIS AMENDMENT is made and entered into this day of 2010, ("the Execution Date"), by and between the CITY OF APACHE JUNCTION, ARIZONA, an Arizona municipal corporation ("City") and MEDIACOM ARIZONA, L.L.C, a Delaware limited liability company ("Licensee"), sometimes both collectively referred to as the "Parties" RECITALS A. A License Agreement was entered into between City and Triax Midwest Associates (Licensee's predecessor in interest) on August 17, 1999 (the "1999 Agreement") and expired on August 31, 2004. B. City and Licensee entered a written amended agreement (the "2004 Amendment") extending the original Agreement for five (5) additional years effective August 31, 2004 through August 31, 2009 C Under the terms of the 2004 Amendment, the Parties had the option of extending the Agreement an additional five (5) years through August 31, 2014 if Licensee was in compliance with the Agreement and Licensee continued to offer comparable services to similarly-sized municipalities in the State of Arizona or any other similarly-sized Mediacom system within the United States. D. The Parties have executed six temporary extensions of the 1999 Agreement and 2004 Amendment, extending the term through June 15, 2010 while City verified Licensee's compliance with current laws and regulations and the Parties negotiated terms and conditions of the renewal of the Agreement E City maintains that Licensee has failed to remit certain funds due and owing the City under the 2004 Amendment related to financial support for public, educational and governmental ("PEG") programming in the City ("Past PEG Payments") Licensee maintains that it has fully remitted all Past PEG Payments under the 2004 Amendment and does not admit any further liability to the City City and Licensee now desire to conclude and settle, once and forever, all disputes relating to Past PEG Payments by executing this Eighth Amendment which releases Licensee from any and all of City's claims, asserted or unasserted under the 2004 Amendment regarding Past PEG Payments in return for Licensee agreeing to a new Section 5(E), Capital Grant for Access Equipment and Facilities, which addresses Licensee's voluntary payments in support of PEG F Consequently, in this Eighth Amendment, the Parties desire to set forth the fully negotiated terms continuing from the 1999 Agreement, 2004 Amendment and new amendments for the next twelve (12) years 1 AGREEMENT NOW, THEREFORE, in consideration of mutual promises contained herein and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the Parties agree to modify the 1999 Agreement and 2004 Amendment as follows SECTION I AMENDMENTS A) Section 2, Grant of Authority, subsections (D), Term, and (E), Licensee's Acceptance, are deleted in their entirety and replaced with the following (D) Term. This Agreement is extended twelve (12) additional years, effective June 15, 2010 through June 15, 2022 (E) Licensee's Acceptance Acceptance of this Amendment shall be reflected by the execution of this document by an authorized and binding employee or agent of Licensee, whose notarized signature shall be provided to City The Execution Date of the Amendment shall be written on this document in the first paragraph, such date being the date the last Party signed the document B) Section 3(A)(3)(a), General Requirements, Section 3(A)(6), System Upgrade Schedule, Section 3(A)(14), System Acceptance Schedule, subsections (a) through (f), are all considered fully satisfied and are therefore deleted in their entirety C) Section 3(A)(9), Integration of Advancements in Technology, is deleted in its entirety and replaced with the following Periodic Evaluation. The field of cable communications is rapidly changing and may see many regulatory, technical, financial, marketing and legal changes during the term of this License. Therefore, in order to provide for a maximum degree of flexibility in this License, and to help achieve a continued advanced and modern System, the following shall apply. A City may require evaluation sessions at any time during the term of this License, upon sixty (60) days' written notice to Licensee B Topics which may be discussed at any evaluation session may include, but are not limited to, application of new technologies, System performance, programming offered, access channels, facilities and support, municipal uses of cable, customer complaints, amendments to this License, judicial rulings, FCC rulings, line extension policies and any other topics City and Licensee deem relevant C. As a result of a periodic review or evaluation session, City and Licensee shall develop such changes and modifications to the terms and conditions of the License, 2 as are mutually agreed upon and which are both economically and technically feasible Licensee agrees that it shall not apply or seek to apply or make any claim that all or any part of the technical changes and modifications costs set forth in this Section 3(A)(9) are Licensee Fee Payments under 47 U S C § 542 and/or applicable state law nor are the technical changes and modifications costs to be considered other payments or contributions to be made by Licensee to City pursuant to this Agreement Licensee shall not deduct any technical changes and modifications costs from, or offset such expenses against, any taxes, fees or assessments levied or imposed by City on Licensee. D) Section 3(A)(13), System and Institutional Network Rebuild Schedule, Subsections (a) through (d), are deleted in their entirety and replaced with the following. a. Licensee shall maintain the functionality and access of the System and Institutional Network, and shall be responsible for all malfunctions of such System and Institutional Network, including the repairing of damaged conduit facilities at Licensee's cost, regardless of how such damage occurred, unless it was caused by the negligence of Licensor, in which case Licensee shall still be responsible for repair but may seek reimbursement of actual costs (without markup) from Licensor. b Licensor shall be permitted to use such System and Institutional Network at no charge to Licensor or City end users for the duration of the Term c. Licensee agrees that it will not discriminate among Subscribers with regard to rates and charges or the provision of any service based on considerations of race, color, creed, sex, marital or economic status, national origin, or neighborhood of residence, and shall comply with all non-discrimination requirements of applicable federal, state and local laws E) Section 3(A)(16), Public Service Drops, is deleted in its entirety and replaced with the following Licensee shall make service drops available free of charge for the duration of the Term, install one (1) cable service drop, one (1) cable outlet, and any required terminal equipment, if necessary, and provide the highest level of Cable Service offered by Licensee, excluding pay per view, pay per channel (premium) programming, to all governmental or educational buildings in the City and such other public institutions subsequently designated by City as determined in City's sole discretion ("Public Buildings") Public Buildings to be provided free service include City Hall, the Multi- generational Center, the Library, the Public Works Department, Animal Control, the Police Department, and the Apache Junction Water Company (former AJ City Library building at 112 E 2nd Avenue), subject to City providing all required easements to Licensee if not already granted All standard drops shall be completed within thirty (30) 3 calendar days of the request of such service drop For all City buildings to which a service drop is requested, Licensee shall provide City monthly service free of charge, and such service shall include at a minimum the highest levels of Cable Service offered by Licensee excluding premium, pay-per-view and pay channel programming. Licensee shall also provide City, free of charge, all terminal equipment necessary to receive programming which may include converter boxes for each drop City may redistribute the cable signal to other internal locations free of charge and Licensee shall provide, free of charge, any required terminal equipment necessary to view such signals Licensee shall be responsible for the costs of extension to subsequently designated Public Buildings for the first three hundred (300) feet as measured from Licensee's nearest active service pole. The institution shall pay any net additional drop or extension costs beyond the first three hundred (300) feet Licensee agrees that it shall not apply or seek to apply or make any claim that all or any part of costs associated with the requirements of this Section 3(A)(16) ("Public Service Drops") are Licensee Fee Payments under 47 U S C § 542 and/or applicable state law nor are the Public Service Drop costs to be considered other payments or contributions to be made by Licensee to City pursuant to this Agreement Licensee shall not deduct any Public Service Drop costs from, or offset such Public Service Drop costs against, any taxes, fees or assessments levied or imposed by City on Licensee F) Section 4(A)(1), System Office Hours and Telephone Availability, subsection (c) deleted in its entirety and replaced with the following. Licensee shall maintain a local office centrally located within the City limits, open during normal business hours. Such office shall accept customer payments, assist customers with any complaints, answer any Subscriber questions regarding programming or safety, process new service requests, exchange equipment, and address any other matters raised by a Subscriber In addition, Licensee shall make available a direct contact telephone number of local personnel available to City staff in order to facilitate timely responses for questions and concerns of cable television customers who have contacted the City directly Licensee agrees that it shall not apply or seek to apply or make any claim that all or any part of costs associated with the requirements of this Section 4(A)(1) ("Local Office Costs") are Licensee Fee Payments under 47 U S C § 542 and/or applicable state law nor are the Local Office Costs to be considered other payments or contributions to be made by Licensee to City pursuant to this Agreement Licensee shall not deduct any Local Office Costs from, or offset such Local Office Costs against, any taxes, fees or assessments levied or imposed by City on Licensee. G) Section 4(A)(2), Installations, Outages and Service Calls, new subsection (d) shall read as follows Service calls shall be performed during a four (4) hour window that has been communicated to the Subscriber at least five (5) calendar days in advance of such service call, unless otherwise requested by a Subscriber The convenience of Subscribers shall always be the pnmary accommodation goal of Licensee 4 H) Amend Section 4(A)(3)(a)(ii), Billing, new subsection (e) shall read as follows Residential billing statements shall include the local address and local phone number of the local Licensee office. I) New Section 4(B)(5), Systemwide Technical Repair Plan for Ongoing Maintenance & Maintenance Records, shall read as follows. On July 1, 2010, Licensee shall submit to City a written Systemwide technical repair plan for ongoing maintenance and safety to be followed for the balance of the Term. Such plan shall include Licensee's monitoring and testing activities, remedy of technical infractions associated with service drops to Subscriber homes, grounding, and safety hazards in the public rights-of-ways and on private property Upon request, Licensee shall submit to City on a quarterly basis for the remainder of the Term a written maintenance log indicating the activity of the previous quarter's activity in these areas. J) Section 5(A), Required Access Channels, is deleted in its entirety and replaced with the following Licensee shall immediately provide City with up to three (3) Access Channels ("PEG Channels") as determined in City's sole discretion Except as provided in this Section, Licensee shall have no responsibility for the management, operation or administration of PEG Channels. PEG Channels shall be located on the Basic Cable Service tier and grouped together and located on the System in reasonable proximity to other commercial video channels on the System The quality and standards of PEG Channels shall meet or exceed the same or better quality and standards as commercial channels provided on the System, such as news, sports, local broadcast, and mainstream historical and educational channels. Should Licensee convert the Basic Cable Service tier to digital format, Subscribers shall continue to receive PEG Channels free of charge except for the standard rate applicable for the Basic Service tier PEG Channels must be receivable by Subscribers without special expense, other than the expense required to receive Basic Cable Service or digital service, as applicable Licensee shall maintain PEG channels consistent with FCC technical standards, Licensee shall distribute PEG Channels in a similar manner and technical quality as those of broadcast channels (not including the broadcast multicast and HD channels), provided PEG Channels are received by Licensee in a manner congruent with the receipt of broadcast television signals City recognizes that Licensee is unable to improve the technical quality of PEG Channels but Licensee shall not degrade the technical quality once it is received by Licensee Licensee agrees not to encrypt PEG channels any differently than other commercial channels available on the system unless City and Licensee mutually agree in writing to a non-traditional format that is not similar to those of broadcast channels K) Section 5(E), Capital Grant for Access Equipment and Facilities, is deleted in its entirety, and replaced with the following 5 a) Licensee shall pay City on June 15, 2010, at the same time Council considers this Amendment, an amount of $50,133.13, which represents the amount due pertaining to the compounded Consumer Price Index increase Mediacom failed to effectuate from 1999 to the present under Section 5(E) of the 1999 License Agreement b) Licensee shall also pay City for any and all missed PEG fees and Licensee fees not already referred to above as determined by City's Finance Department in the amount of $6,098 77 ($5,975 37 plus penalty and interest of $123.40). Such payment shall be received in full no later than June 15, 2010 and shall constitute full satisfaction of the 1999 Agreement and 2004 Amendment as to missed license fee payments. c) Licensee shall pay City eighty-five cents (.85) per Subscriber per month ("Access Support") commencing ninety (90) calendar days after the Effective Date for the balance of the Term Payment shall be made quarterly, concurrently with the Licensee Fee Payment d) Licensee and City agree that Licensee's willingness to provide the Access Support as set forth in this Section 5 is a material issue under this Agreement. Licensee specifically acknowledges and agrees that the Access Support referenced in Section 5(E)(a) and (c) is not a License Fee Payment under this Agreement and falls within one or more of the exceptions in 47 U S C § 542 and applicable state law, nor shall such costs be deducted from or offset against any taxes, fees or assessments levied or imposed on Licensee by City However, the Access Support set forth in Section 5(E)(c) may be categorized, itemized, and passed through by Licensee to Subscribers as permissible, in accordance with 47 U S.0 § 542 or other applicable law e) Licensee agrees not to seek, initiate, or propose any change in any applicable law to change or alter the terms, conditions, and requirements of this Section. Licensee further agrees neither it or any of its employees will encourage, request or otherwise cause, directly or through a third party (including but not limited to any cable association or lobbyist), a challenge to any provision of this Agreement. f) In the event either City or Licensee is served with a lawsuit challenging the enforceability of Section 5 of this Eighth Amendment relating to the PEG Access Support (the 85-cent monthly fee collected from Subscribers set forth in Section 5(C) above), Licensee agrees, upon being provided a copy of such lawsuit, that it will share equally in the costs within 10 calendar days acknowledge receipt and will defend, indemnify and pay all other costs associated with such lawsuit L) Section 9(B)(1), Complete Agreement, shall be deleted in its entirety and replaced with the following 6 It is the intent of City and Licensee that the terms, conditions and obligations set forth in this License Agreement shall govern their relationship for the full term of the License Agreement With the exception of Sections 3(A)(9), 4(A)(1) and 5(E), in the event that any court, agency, commission, or other authority of competent jurisdiction declares this License Agreement invalid, in whole or in part, or requires Licensee either to. (a) perform any act which is inconsistent with any provision of this License Agreement, or (b) cease performing any act required by any provision of this License Agreement, then Licensee shall not be required to comply with any term declared invalid and shall comply with any requirements of the court M) Section 9(F), Severability, shall be deleted in its entirety and replaced with the following. With the exception of Sections 3(A)(9), 4(A)(1) and 5(E), if any other provision of this License Agreement is held by a court or by any federal or state agency to be invalid as conflicting with any federal or state law, rule or regulation now or hereafter in effect, or is held by the court or agency to be modified in any way in order to conform to the requirements of any law, rule or regulation, the conflicting provision shall be considered to be a separate, distinct and independent part of this License Agreement, and that holding shall not affect the validity and enforceability of any other provision of this License Agreement N) New Section 9(0), Contracting Services, shall read as follows Licensee represents and warrants that any license necessary to perform the work under this Agreement is current and valid. Licensee understands that the activity described herein constitutes "doing business in the City of Apache Junction" and Licensee agrees to obtain a business tax license pursuant to Article 8-5 of the Apache Junction City Code and keep such license current during the term of this Agreement. Any activity by subcontractors within the corporate City limits, will invoke the same business tax regulations on any subcontractors, and Licensee ensures its subcontractors will obtain any required business tax license All Contractors and subcontractors shall also provide proof of insurance for all right-of-way work as dictated by the Public Works Department Director SECTION II CONTINUATION OF PREVIOUSLY NEGOTIATED TERMS All other terms and provisions of the 1999 Agreement executed by the Parties and the 2004 Amendment executed by the Parties shall remain in full force and effect until the Agreement is terminated or is extended by mutual written agreement of the Parties, or has been subsequently been modified by agreement of both Parties Nothing herein shall be construed to relieve Licensee from any liability it may have under the 1999 Agreement or 2004 Amendment and City hereby reserves any and all rights it may have to fully enforce compliance for both known and unknown violations committed by Licensee 7 SECTION III LICENSEE ACKNOWLEDGMENT OF VALIDITY OF LICENSE Licensee acknowledges that it has had an opportunity to review the terms and conditions of this Eighth Amendment and that under current law Licensee believes that said terms and conditions are not unreasonable, arbitrary, and that Licensee has voluntarily entered into this License and that Licensee believes City has the power to make the terms and conditions contained in this License. Licensee agrees that it will not, at any time, set up against City in any claim or proceeding, any condition or term of the this Eighth Amendment as unreasonable, arbitrary, void as of the Effective Date of this License or that City had no power or authority to make such term or condition All Recitals under this Eighth Amendment that purport to create or release obligations including any past claims are deemed to have legal effect and no party will assert to the contrary. 8 IN WITNESS WHEREOF, the Parties have caused this Agreement to be signed by their duly authorized representatives as of the day and year first above written. MEDIACOM ARIZONA, L.L C, a Delaware limited liability company By BRUCE GLUCKMAN Title Vice President, Legal & Regulatory Affairs CITY OF APACHE JUNCTION, an Arizona municipal corporation By JOHN S. INSALACO Title Mayor ATTEST. KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM RICHARD J STERN City Attorney 9 STATE OF NEW YORK ) ) ss COUNTY OF ORANGE ) The foregoing was acknowledged before me this day of , 2010, by Bruce Gluckman on behalf of Mediacom Arizona, L L C, a Delaware limited liability company. Notary Public My Commission Expires (seal) STATE OF ARIZONA ) ss COUNTY OF ) The foregoing was acknowledged before me this day of , 2010, by John S. Insalaco, the Mayor of City of Apache Junction, Arizona, an Arizona municipal corporation, who acknowledged that he signed the foregoing instrument on behalf of City Notary Public My Commission Expires (seal) 10 Is NCH a � iy o. A ache J unction • Home of the Superstition Mountains lifttoo* a Print TO: City Manager's Office FROM: Yanet Ochoa, Assistant Planner DATE: June 14, 2010 Agenda Type : Work Session Agenda Council Priority Focus Area: Additional Item Outside Scope of Identified Council Priorities TITLE OF AGENDA ITEM: DISCUSSION ON PROPOSED RESOLUTION NO 10-15, A MAJOR AMENDMENT TO A CONDITIONAL USE PERMIT TO EXPAND A PARKING LOT. ACTION REQUESTED: Presentation and Discussion DISCUSSION/BACKGROUND INFORMATION: Discussion on proposed Resolution No. 10-15, a major amendment to a Conditional Use Permit to allow the Apache Junction Health Center a parking lot expansion to the north of their existing Health Center The parking lot expansion is on a one acre lot that is currently located on vacant land which is within the Foothills Subdivision Preliminary Plat which has not begun construction. The expansion will consist of 65 additional parking spaces to alleviate the parking shortage during peak season activity at the health center. FISCAL IMPACT: Budgetary Approval Not Required OPTIONS I ALTERNATIVES: Zoning Ordinance Requirement RECOMMENDATION: Discussion only ATT CHMENTS: Click to download 0 City Council WS staff Report 0 Conditional Use Permit Application 0 Resolution No. 10-15 .r A ACkE.i O t'a ti City of Apache Junction 4/4p 4 Development Services Department MEMORANDUM DATE: June 14,2010 TO: Honorable Mayor and City Council Members THROUGH: Brad Steinke,Development Services Director Fred Baker,Planning Manager Rudy Esquivias,Senior Planner/Zoning Administrator FROM: Yanet Ochoa,Assistant Planner SUBJECT: June 14,2010-Work Session Agenda Items: The applicant is requesting three related agenda items which include: Ordinance No. 1363 a major amendment to an existing Planned Development to reduce both acreage and number of lots for the proposed Foothills Subdivision and rezone a one acre portion from CR- 5/PD to CR-3; Resolution No. 10-14 which also reduces the number of lots proposed in the Foothills Subdivision Preliminary Plat; and Resolution No. 10-15 which requests an amendment to the existing Conditional Use Permit for the Apache Junction Health Center to allow a parking lot expansion in a CR-3 (Single Family Zoning District). Proposal Description: The applicant is proposing a major amendment to the existing(CR-5/PD)Planned Development Zoning which will reduce the acreage of the+/- 11 acre development to+/- 10 acres and the number of lots by 14, from 118 to 104 lots. The applicant is also requesting a rezoning for the one acre of land from CR-5/PD (Multifamily Residential by a Planned Development)to CR-3 (Single Family Residential) Since, the Apache Junction Health Center is zoned CR-3 (Single Family Residential)the applicant would like to incorporate the one acre into their development and would like to keep the same zoning district for the entire facility The applicant is requesting a Conditional Use Permit amendment for the Apache Junction Health Center to allow a parking lot expansion in the CR-3 (Single Family Zoning District). Attached is the staff report presented to the Planning and Zoning Commission at their regularly scheduled meeting of May 25, 2010. The Planning and Zoning Commission voted 7-0 to approve and the request is being forwarded for City Council consideration. OIN ORDINANCE NO. 1363 AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, APPROVING A PLANNED DEVELOPMENT MAJOR AMENDMENT, AMENDING THE DEVELOPMENT PLAN FOR THE PROPOSED FOOTHILLS SUBDIVISION BY DELETING 14 LOTS COMPRISED OF +/- ONE ACRE THEREFROM, /N AND APPROVING A REZONING OF SAID +/- ONE ACRE FROM CR- 5/PD(MULTI-FAMILY HOMES BY PLANNED DEVELOPMENT) TO CR- 3 (SINGLE FAMILY RESIDENCE) , IN CASE PZ-1-10, FOR A 10. 62 ACRE PROPERTY, LOCATED NEAR THE SOUTHWEST CORNER OF W 20TH AVENUE AND S IRONWOOD DRIVE, BY AMENDING ORDINANCE NO. 1306, REPEALING ANY CONFLICTING PROVISIONS, AND PROVIDING FOR SEVERABILITY WHEREAS, on August 21, 2007, Ordinance No 1306 was passed and adopted by the Mayor and City Council, setting forth the development plan for Cornerstone Homes Foothills Subdivision, and WHEREAS, the change in market conditions and business plan support an amendment to the planned development to allow for a reduction of lots from the proposed single family subdivision and to allow the owner to sell one acre to the Apache Junction Health Center; and WHEREAS, such a change in zoning was requested in Case No PZ-1-10 in which the Owner proposed a reduction of lots from 118 to 104, for the "Foothills Subdivision" and a Rezoning from CR- 5/PD (Multifamily Homes) to CR-3 (Single Family Home) for a one eN acre piece of land in the Foothills Subdivision to be sold to the Apache Junction Health center for the expansion of a parking lot; and WHEREAS, on May 25, 2010, the Apache Junction Planning and Zoning Commission recommended approval of Case No PZ-1-10 in a 7 to 0 vote, and WHEREAS, the Mayor and City Council finds that the proposed planned development major amendment and rezoning. 1) conforms to all of the applicable criteria as specified in the City Code of Apache Junction, Volume II Land Development Code, Chapter 1 Zoning Ordinance, Article 19 Planned Development Zoning District, Section 19 0109 General Criteria; 2) is in compliance ORDINANCE NO. 1363 PAGE 1 OF 3 with the City of Apache Junction General Plan, 3) integrates with the surrounding neighborhood, 4) adequately accommodates traffic, 5) will have adequate public facilities, and 6) will result in enhancement to the social, built, and natural environment in the City NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AS FOLLOWS - eur SECTION I IN GENERAL That: 1) the submitted planned development major amendment and rezoning be and hereby is approved, and 2) that Ordinance No 1306 remains in full force and effect except as otherwise amended herein, subject to the following condition: 1. The applicant shall be required to comply with the submitted and referenced revised narrative of the Foothills Planned Development and revised site plan 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 unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions thereof PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS DAY OF , 2010 . SIGNED AND ATTESTED TO THIS DAY OF , 2010 John S. Insalaco Mayor ORDINANCE NO. 1363 PAGE 2 OF 3 'IS emS ATTEST KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM. RICHARD JOEL STERN City Attorney OmN ORDINANCE NO 1363 PAGE 3 OF 3 O4 pgACHt Ci0 of Apache Junction v z Home of the Sigerstrtton Alountains 4przoto• a Print TO: City Manager's Office FROM: Janine Solley, Business Advocate DATE: June 14, 2010 Agenda Type : Work Session Agenda Council Priority Focus Area: Community Infrastructure TITLE OF AGENDA ITEM: PRESENTATION AND DISCUSSION ON RESOLUTION NO. 10-24, AUTHORIZING THE CITY OF APACHE JUNCTION TO ENTER INTO A DEVELOPMENT AGREEMENT WITH SUPERSTITION MOUNTAIN MENTAL HEALTH CENTER. ACTION REQUESTED: Presentation and Discussion DISCUSSION/ BACKGROUND INFORMATION: Superstition Mountain Mental Health Center (SMMHC) owns approximately 7 26 acres of improved and unimproved real property at the southeast corner of Plaza Drive and Superstition Boulevard and desires to construct a new 35,000 square foot, three-story mental health facility on the southernmost 3.46 acres of the property. It is anticipated that this development will result in planning, economic and other public benefits to the City, including public infrastructure improvements to the portions of Plaza Drive adjacent to SMMHC's property, and will enhance the economic vitality of the City's downtown core and Crossroads Redevelopment Area. Proposed Resolution No 10-24 authorizes the City to enter into a development agreement with SMMHC to allow for the private and public improvements outlined above. FISCAL IMPACT: Budgetary Approval Not Required OPTIONS/ LTERNATIVES RECOMMENDATION: ATTACHMENTS; Click to download p Resolution No.10-24 C5 Development Agreement with SMMHC eN RESOLUTION NO 10-24 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AUTHORIZING THE CITY OF APACHE JUNCTION TO ENTER INTO A DEVELOPMENT AGREEMENT WITH SUPERSTITION MOUNTAIN MENTAL HEALTH CENTER WHEREAS, Superstition Mountain Mental Health Center, Inc es ("SMMHC") , currently owns approximately 7 26 acres of improved and unimproved real property at the southeast corner of Plaza Drive and Superstition Boulevard (the "Property") ; and WHEREAS, SMMHC will construct a new 35, 000 square foot, three-story mental health facility on the southernmost 3 . 46 acres of the Property, which will include administrative offices and will provide for client behavioral health and community services, and WHEREAS, it is anticipated that development of the Property will result in planning, economic and other public benefits to City including providing for public infrastructure improvements and for planned and orderly development of the Property that will enhance the economic vitality of the City' s downtown core and Crossroads Redevelopment Area; and WHEREAS, roadways surrounding the Property are in need of improvement and infrastructure enhancement, including Plaza Drive; and WHEREAS, the Council has determined that because the public purpose of the Agreement is to improve streets and neighborhood traffic, the business arrangement outlined in the Agreement does h not amount to an illegal gift or subsidy, nor does the Agreement involve any reimbursement or waiver of retail transaction sales/privilege tax; and WHEREAS, the contemplated development and use of the Property pursuant to the Agreement are consistent and in harmony with the 1999 Apache Junction General Plan) , and WHEREAS, the City is entitled to enter into the agreement pursuant to A.R.S §§ 9-500 05 and 9-500 . 11, and RESOLUTION NO 10-24 PAGE 1 OF 2 ^► WHEREAS, the City and SMMHC both have mutual interests in the development of this project and wish to enter into the agreement with certain terms and conditions NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION ARIZONA, AS FOLLOWS ON 1) The Mayor and City Council approve the Development Agreement Between the City of Apache Junction and Superstition Mountain Mental Health Center, and the Mayor is hereby authorized to sign the agreement on behalf of the City 2) Staff shall record such document in the Final County Recorder' s office within sixty (60) days after full execution by all Parties . PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS DAY OF 2010 SIGNED AND ATTESTED TO THIS DAY OF , 2010 JOHN S . INSALACO Mayor ATTEST• ON KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM. RICHARD J STERN City Attorney RESOLUTION NO 10-24 PAGE 2 OF 2 When recorded return to Richard Joel Stern, Esq Apache Junction City Attorney 300 East Superstition Blvd Apache Junction, AZ 85119 DEVELOPMENT AGREEMENT BETWEEN THE CITY OF APACHE JUNCTION AND SUPERSTITION MOUNTAIN MENTAL HEALTH CENTER THIS DEVELOPMENT AGREEMENT (the "Agreement") is made as of the day of 2010, by and between CITY OF APACHE JUNCTION, ARIZONA, an Arizona municipal corporation ("City") and SUPERSTITION MOUNTAIN MENTAL HEALTH CENTER, INC, an Arizona non-profit corporation ("SMMHC") City and SMMHC are sometimes referred to herein collectively as the "Parties," or individually as a "Party." RECITALS A SMMHC owns approximately 7 26 acres of improved and unimproved real property at the southeast corner of Plaza Drive and Superstition Boulevard (the "Property"), Pinal County Assessor Parcel No 101-11-002M, zoned City Center District ("CCD") and situated in the City's Crossroads Redevelopment Area, the legal description and map of which are attached hereto as Exhibit A and are incorporated herein by reference. B. SMMHC will construct in Phase I a new 35,000 square foot, three-story mental health facility (the "Project") on the southernmost 3 46 acres of the Property The facility will include administrative offices and will provide for client behavioral health and community services. C. SMMHC has submitted a completed Preliminary Development Review ("PDR") application for the Project (which includes, but is not limited to, a grading and drainage plan, traffic circulation and parking plan, elevations, site plan and landscaping plan). City staff has reviewed and approved the PDR application. The conceptual Site Plan for the Project is set forth in Exhibit B incorporated herein by reference D City owns Plaza Drive, which is adjacent to the west side of the Project from Superstition Boulevard to the southern boundary of the Property E It is anticipated that development of the Property will result in planning, economic and other public benefits to City including providing for the Public Infrastructure as more fully described in Exhibit C, and providing for planned and orderly development of the Property that will enhance the economic vitality of the City's downtown core and Crossroads Redevelopment Area 1 PZ-1-10,SD-1-07 Amended,CUP-1-10 Page 2 of 2 All attachments for all agenda Items will be under this case PZ1-10: Attachment: Conditional Use Permit Application Resolution No. 10-15 FECD MAR 2 2010 CITY OF APACHE JUNCTION CONDITIONAL USE PERMIT APPLICATION FORM Owner/Agent Information: GEORGE JACOBSON - AGENT Name•pAVID/SALCEDA-t AANUEL 8. DAVID-OWNER Telephone (480) 983-0700 Address. 2012 W SO1TfNERN AVENUE, APACHE JUNCTION, AZ 85120 Property Information: Zoning Classification Current Requested. Property Size ( CO 1E1 acres ❑square feet County Tax Assessor Parcel 8.iv 2-//-t)0 36 Legal Description of Property(found on County Tax Bill Notices) //z SW Se SE SEC 30 r.2N R RE Address/Location of Property(if different from Owner Address,above) SAk+c List all improvements to Property $4/&P,4 G%, DAI✓%i., PA,el ti/ Structures/Use of Adjacent Properties North. L/1/De ELcyED South Telling,- PARK East f4t D6rELopet West {tDsel1AL. Reason for Conditional Use Permit Request 5./$7)Nv aSe' FOR OFFICE USE ONLY Case No. ?ALP-1-{Q Date Filed „t-del° Receipt No is 54'St:• Fee Amount S Ur), ck.t'bit ^., Application Received By Frt& Poigge, I/We certify that I/We are the owner(s)of the property described in this application for a Conditional Use Permit and have submitted copies of deeds or title reports as proof of ownership h/We have read the application instructions and have truthfully completed this application Me understand that this Permit is conditional upon time requirements,that the filing and investigation fee in non-refundable,and that the City has the option of Amok either approval or dental of this request following conduct of a Public Hearing I/We understand that this Permit may be conditional upon dedication or improvement of portions of the property for a public roadway or other such requirements UWe being the owner(s)of the property in this application,have appointed unlacE._,IAf mo* as utylour representative agent l(We have authorized hint/her to do whatever is necessary to have this request considered favorably by the City of Apache Junction and agree that all correspondence relating to this matter should be delivered to him/her PLEASE PRINT DAVID/SALC )A - F2*IANUEL B. DAVID Property Owner Name Signature 2012 V aeamwtt,AVENUE _ Street Address APACHE JUNCTION. AZ 85120 (480)983-0700 City State,Zip Telephone Property Owner Name Signature Street Address City,State,Zip Telephone Ge io.t= f/!rot;ScrJ Agent Name Signature Skin rt Street Address So 95;-0700 City,State,Zip rr� Telephone STATE OF The foregoing instrument was acknowledged before �l Lsq,., es.- SS me this{ZS day of JAnvor ,20to COUNTYOFPiir* ) ay GMM0.1YC1 �^vir, /W J4 ALE%LIRA Notary PublicC 3 NOTARYPUBLIC NN LOS ieliso AN EION•Ou T0Y B 7.��� LOS ANGELES COUNTY - _w co^m Exp Bice so_mro � My Commission Expires �w�e� 0 ta.a o. _Am. lime, DAYID/SALCFDA -OWNER - E MMANRUEL B. DAVID hereby certify that this is a complete list of property owners within 300 feet of the property proposed for rezoning or other permit approval as obtained from the Pinal County Assessor's ......... Office on (date obtained) /-2-S'-Z 0/0 UWe further certify that this list is not older than thirty(30)days at the time of filing of said application PLEASEPRINT ----, C DAVID/SALCWA- 101MANDEL R. DAVID '�� n Property Owner Name Signature 2012 Y. SOUTHERN AVE. 1 Street Address APACUZ JUNCTION. AZ 85120 _ (480) 983-0700 City,State,Zip Telephone Property Owner Name Signature Street Address City,State,Zip Telephone EORGI= 7Aco1isor Agent Name Signature Jh+"k Street Address VP 981 0700 City,State,Zip Telephone STATE OF Alit!Btt*) The foregoing instrument was acknowledged before Les q-. kl,S SS me this 28 day of-}w.n.vary .20 10 COUNTY OF PINAL ) e.y' 1r++1•+an,-{1 6 AAut I ALFU 6NCTRpBLLE C To" Loa ANGESCOUN1Y My Comm Exp.Jun.30,20/0 NoNotaryy Public ` } My Commission Expires. J 3' 20 f 0 { DAVID SALCEDA,LLC 1220 w RMNCNCE kW..kW..SiE 400 080.W�r57 6 5 2386 E.CA 92001 TO i PH.s+a�e2nme DATE28—Jan—Zplp +PA)•Tp TiIE r oRme,_.^_,_ City of Apache Junction �� —-- 1 $ 700 00 • Seven Hundred Ool� t N411s Fa93 Bank NA �'— D01 LA,S 5 aura na mt.weashrgocorn �Irna�_Perm t Lkit Appl. Fee—Parking a.,� 1:1 2 2000 24 7s:0903431757m 0650 650 8 088 A �,tt S fig» o p... 0 Aa O } g 8S .. = istan NI,42'At IT MI-Vigil'natuud ueerrat/ig Dolma 140 r a6Pd 12nbf.l! 1I-(nt CSV1.I:vlIAT1 Don EmarAX)If.71l p 121[7 o.)!rtgnd 1 SEC 30, PT—SE, TN 1 N RC 8E SEE MAP 102-32 10 2- 11 SEE NAP 102-13 2/2 16r1 AvENUE Wa �a�R rat 1.saaS[s ar. SAG' ia' ib' K' m w6 MP is V JL0WYII1S*O`N,49MOGifa1 R 0 O W d O s ' ) N a SEE MAP WM, ;{ IZ H t SEE MAP 02+.9 ry r yO S O Q G ssuei c s 2 --------WA 0 VICINITY MAP s ® R 0 SEC 19 � NW NE 1 O S At 1r • MO' '''''..\\• L.N. SEE MAP 102.5) Q SEC 30 ti I We ® _ -r2ooa n S/A Cf alm see'eaVr NA o,w 3 art wTQ iy IR SCUrNER4 AVENJE r PINAL COUNTY ASSESSORS f ) SEC 31 SEE NAP 02-19 ..) ) ) ) ) iewn wv nc'Ar rT ntrvlEfZ=wad 1124501'Aa Minn la Label T7060-.0T8 11-WI c Vw 00.Jd7v•XVI joaXiAmal0b1 1anv) P,Apy 2ra SEC. 31,TN.1N RG BE SEE NAP 101-18 SOUTNtRNAVENIf SEE MAP 102-'11 ' ' 102-19 IyB Ti 30ttlTA VISTA SIERRA EC. LOCATION MAP 0 Q I. TRAEER PARA SAG..ARO 0 Nv L� �fi�90 ' BON�TA VISTA l '28TN Am(' _ • 0 ¢A O VICINITY MAP TRAILER PAINf SEC 30 ^-- RJ PARK .N STATE 0=1RiZONA $1/ERS'ITION FRp[Y14T STATE O IIOYA f.n 3\SEC g O Pa.NAS oEE sa Eas- ® \-15 \ \ro 3 qA IRONw000 ESTATES X 44) st 0 Al yd 3 SEE MAP 102 55 `d' PICBLEO PARA , \ SE O V SEC B,TN.rs Rc.eE ,../(Pis a6r„AVENUE _i { e. XV . . A enr- t iiP r.,Sr.1-AVEPUE � L eE O �::lw 4,e CIO °a 1E ,... .�.1 .„ "— BASELNE AVENvE SEE NAP 104-07 IN COUNTY ASSESSORS MAP ON ON RESOLUTION NO 10-15 A RES OLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, APPROVING AN AMENDMENT TO A CONDITIONAL USE PERMIT, CASE NO CUP-1-10, TO ALLOW THE APACHE JUNCTION HEALTH CENTER LOCATED AT 2012 W SOUTHERN AVE. , APACHE JUNCTION, ARIZONA, A PARKING LOT eiN EXPANSION FOR THEIR FACILITY. WHEREAS, a Conditional Use Permit ("CUP") application was filed by Jeff Giles, of Clouse Engineering, Inc , on behalf of George Jacobson, President of the Apache Junction Health Clinic ("Applicant") on March 2, 2010, pursuant to Apache Junction City Code, Volume II, Land Development Code, Chapter 1 Zoning Ordinance, Article 6 General Provisions and Exceptions, to amend the site plan for Apache Junction Health Center, approved under case No. CUP-1-10, to allow a site expansion for an additional one acre piece of land to be used for the Apache Junction Health Center parking lot on the following legally described property: A Portion of the North Half of the Southeast quarter of the Southeast quarter of Section 30, Township 1 North, Range 8 East of the Gila and Salt River base and Meridian, Pinal County, Arizona Pinal County Assessor' s Parcel Number 102-11- 003B (more specifically described in case file CUP-1-10) ; and WHEREAS, on May 25, 2010, the Applicant presented evidence to the Apache Junction Planning and Zoning Commission that the parking lot expansion, that will consist of 65 additional parking spaces for the Apache Junction Health Center in Case CUP-1-10, will not be detrimental to persons residing or working in the area, to adjacent property, to the neighborhood, or to the public welfare in general, and WHEREAS, on May 25, 2010, the Apache Junction Planning and Zoning Commission recommended approval of Case No CUP-1- 10 in a 7 to 0 vote, and WHEREAS, the Applicant has satisfied the burden of proof of the above mentioned factors, and those set forth in the Apache Junction City Code, Volume II, Land Development Code, Chapter 1 Zoning Ordinance, Article 6 General Provisions and Exceptions, Section 6 0101, Conditional Use Permits . RESOLUTION NO. 10-15 PAGE 1 OF 2 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Apache Junction, Arizona, that a CUP is hereby approved to allow for the Apache Junction Health Center parking lot expansion, subject to the following conditions 1 . The applicant shall meet all landscape and screening code requirements with the construction of the parking lot expansion 2 The applicant shall build a decorative 6 foot wall around the perimeter of the parking lot PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS DAY OF 2010. SIGNED AND ATTESTED TO THIS DAY OF , 2010. John S. Insalaco Mayor ATTEST: KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM: RICHARD JOEL STERN City Attorney RESOLUTION NO 10-15 PAGE 2 OF 2 tyi►ck d • Ci y of Apache Junction U O Home of the Superstition Mountains ei Print TO: City Manager's Office FROM: Yanet Ochoa, Assistant Planner DATE: June 14, 2010 Agenda Type : Work Session Agenda Council Priority Focus Area: Additional Item Outside Scope of Identified Council Priorities TITLE OF AGENDA ITEM: DISCUSSION ON PROPOSED RESOLUTION NO. 10-14, AN AMENDMENT TO THE FOOTHILLS SUBDIVISION PRELIMINARY PLAT CONSISTENT WITH THE PROPOSED PLANNED DEVELOPMENT AMENDMENT ALLOWING A PARKING LOT EXPANSION. ACTION REQUESTED: Presentation and Discussion DISCUSSION/BACKGROUND INFORMATION: Discussion on proposed Resolution No. 10-14, which will amend the Foothills Subdivision Preliminary Plat to allow the number of residential lots to be reduced from 118 to 104 for construction of a parking lot expansion at the Apache Junction Health Center. FISCAL IMPACT: Budgetary Approval Not Required OPTIONS/ALTERNATIVES: Zoning Ordinance Requirement RECOMMENDATION: ATTACHMENTS: Click to download D City Council WS Staff Report 0 Resolution No 10-14 k ppACHea O 'Lna eO ` �.Z City of Apache Junction '4Rl 011P Development Services Department MEMORANDUM DATE: June 14,2010 TO: Honorable Mayor and City Council Members THROUGH: Brad Steinke,Development Services Director Fred Baker,Planning Manager Rudy Esquivias,Senior Planner/Zoning Administrator FROM: Yanet Ochoa,Assistant Planner SUBJECT: June 14,2010-Work Session Agenda Items: The applicant is requesting three related agenda items which include: Ordinance No. 1363 a major amendment to an existing Planned Development to reduce both acreage and number of lots for the proposed Foothills Subdivision and rezone a one acre portion from CR- 5/PD to CR-3; Resolution No. 10-14 which also reduces the number of lots proposed in the Foothills Subdivision Preliminary Plat; and Resolution No. 10-15 which requests an amendment to the existing Conditional Use Permit for the Apache Junction Health Center to allow a parking lot expansion in a CR-3 (Single Family Zoning District). Proposal Description: The applicant is proposing a major amendment to the existing(CR-5/PD) Planned Development Zoning which will reduce the acreage of the+/- 11 acre development to+/- 10 acres and the number of lots by 14, from 118 to 104 lots The applicant is also requesting a rezoning for the one acre of land from CR-5/PD (Multifamily Residential by a Planned Development)to CR-3 (Single Family Residential) Since, the Apache Junction Health Center is zoned CR-3 (Single Family Residential)the applicant would like to incorporate the one acre into their development and would like to keep the same zoning district for the entire facility. The applicant is requesting a Conditional Use Permit amendment for the Apache Junction Health Center to allow a parking lot expansion in the CR-3 (Single Family Zoning District). Attached is the staff report presented to the Planning and Zoning Commission at their regularly scheduled meeting of May 25, 2010 The Planning and Zoning Commission voted 7-0 to approve and the request is being forwarded for City Council consideration. PZ-1-10.SD-1-07 Amended.CUP-1-10 Page 2 of 2 All attachments for all agenda Items will be under this case PZ-1-10: Attachment: Resolution No. 10-14 /'1 RESOLUTION NO 10-14 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, APPROVING AN AMENDMENT TO THE PRELIMINARY PLAT FOR FOOTHILLS SUBDIVISION, A RESIDENTIAL SUBDIVISON, PROPOSED IN CASE SD-1-07 BY CENTURION SERVICE CORPORATION AND DAVID SALCEDA, REPRESENTED BY JEFF GILES WHEREAS, the sub-divider in Case SD-1-07 proposes to amend the previous preliminary plat approved by Resolution No 07-35, by reducing the number of lots from 118 to 104 . The parcel is approximately 10 62 acres, legally described as noted in case file SD-1-07, pursuant to Arizona Revised Statutes (A R S ) , Title 9 Chapter 4, Article 6 2, and the Apache Junction City Code, Volume II, Land Development Code, Chapter 1, Zoning Ordinance, Article 19, Planned Development Zoning District, and Chapter 2, Subdivision Regulations; and WHEREAS, on May 25, 2010, the Apache Junction Planning and Zoning Commission held a public hearing regarding the Amended preliminary plat for case SD-1-07 and recommended approval by a 7 to 0 vote; and WHEREAS, the Mayor and City Council finds this amended 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 NOW, THEREFORE, be it resolved by the Mayor and City Council of the City of Apache Junction, Arizona, that . The amended preliminary subdivision plat for the Foothills Subdivision is approved subject to the following conditions : 1 . The applicant shall comply with the Amended Foothills Preliminary Plat and shall follow all the requirements stated in the revised Narrative for the Foothills Subdivision Planned Development 2 . The applicant shall construct a decorative 6 foot wall around the perimeter of the subdivision RESOLUTION 10-14 PAGE 1 OF 2 OmN 3 The applicant of the Foothills Subdivision shall landscape the north side of the 6' foot decorative wall prior to issuance of the first building permit for the subdivision. 4 The applicant shall comply with the Apache Junction City Code, Volume II, Land Development Code, Chapter 2, Subdivision Regulations . The preliminary plat shall meet the requirements of City of Apache Junction Engineering Design Guidelines and Policies Manual. 5 The final plat shall be in substantial conformance with the approved preliminary plat and meet the requirements of the City of Apache Junction City Code, Volume II, Land Development Code, Chapter 2, Subdivision Regulations PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS DAY OF , 2010 SIGNED AND ATTESTED TO THIS DAY OF , 2010 John S. Insalaco Mayor ATTEST . KATHLEEN CONNELLY City Clerk ^ APPROVED AS TO FORM. RICHARD JOEL STERN City Attorney RESOLUTION 10-14 PAGE 2 OF 2 � ACHE �, °k 4(10 LIO of Apache Junction Home of the Superstition Mountains 4Rr1pNF Print TO: City Manager's Office FROM: Yanet Ochoa, Assistant Planner DATE: June 14, 2010 Agenda Type : Work Session Agenda Council Priority Focus Area: Additional Item Outside Scope of Identified Council Priorities TITLE OF AGENDA ITEM: DISCUSSION ON PROPOSED ORDINANCE NO 1363, A MAJOR AMENDMENT TO THE CURRENT PLANNED DEVELOPMENT FOR THE FOOTHILLS SUBDIVISION AND CONCURRENTLY A REZONING FOR A ONE ACRE LOT FROM CR5/PD TO CR-3 TO ALLOW A PARKING LOT EXPANSION. ACTION REQUESTED: Presentation and Discussion DISCUSSION I BACKGROUND INFORMATION: Discussion on proposed Ordinance No. 1363, which will authorize a major Planned Development amendment to the Foothills Subdivision, allowing the number of residential lots to be reduced by 14 (from 118 lots to 104 lots), and will authorize a rezoning of a one-acre lot from CR-5/PD (Multifamily Residential Zone)to CR-3 (Single Family Residential Zone) for the proposed Apache Junction Health Center's parking lot expansion FISCAL IMPACT: Budgetary Approval Not Required OPTIONS/ ALTERNATIVES: Zoning Ordinance Requirement RECOMMENDATION: ATTACHMENTS: Click to download D City Council WS Staff Report O Rezoning Application D Planning and Zoning PH Staff Report D Site Plan and Pre-plat for the Foothills Subdivision O Foothills Subdivision Site plan and Pre-plat D Apache Junction Health Center Site Plan • Foothills Subdivison Narrative D Ordinance No.1363 PPACH a 4. City of Apache Junction 4q1 p P Development Services Department MEMORANDUM DATE: June 14,2010 TO: Honorable Mayor and City Council Members THROUGH: Brad Steinke,Development Services Director Fred Baker,Planning Manager Rudy Esquivias,Senior Planner/Zoning Administrator FROM: Yanet Ochoa,Assistant Planner SUBJECT: June 14,2010-Work Session Agenda Items: The applicant is requesting three related agenda items which include: Ordinance No. 1363 a major amendment to an existing Planned Development to reduce both acreage and number of lots for the proposed Foothills Subdivision and rezone a one acre portion from CR- 5/PD to CR-3; Resolution No. 10-14 which also reduces the number of lots proposed in the Foothills Subdivision Preliminary Plat; and Resolution No. 10-15 which requests an amendment to the existing Conditional Use Permit for the Apache Junction Health Center to allow a parking lot expansion in a CR-3 (Single Family Zoning District). Proposal Description: The applicant is proposing a major amendment to the existing (CR-5/PD) Planned Development Zoning which will reduce the acreage of the+/- 11 acre development to+/- 10 acres and the number of lots by 14, from 118 to 104 lots. The applicant is also requesting a rezoning for the one acre of land from CR-5/PD (Multifamily Residential by a Planned Development)to CR-3 (Single Family Residential) Since,the Apache Junction Health Center is zoned CR-3 (Single Family Residential)the applicant would like to incorporate the one acre into their development and would like to keep the same zoning district for the entire facility The applicant is requesting a Conditional Use Permit amendment for the Apache Junction Health Center to allow a parking lot expansion in the CR-3 (Single Family Zoning District) Attached is the staff report presented to the Planning and Zoning Commission at their regularly scheduled meeting of May 25, 2010 The Planning and Zoning Commission voted 7-0 to approve and the request is being forwarded for City Council consideration. PZ-1-10,SD-1-07 Amended.CUP-1-10 Page 2 of 2 All attachments for all agenda Items will be under this case: Attached: Rezoning Application Planning and Zoning PH Staff Report Citizen Participation Report&Letter Preliminary Plat Narrative for the Foothills Subdivision Ordinance No 1363 RECD MAR 2 2010 CITY OF APACHE JUNCTION PLANNED DEVELOPMENT AMENDMENTS/TIME EXTENSION/PRELIMINARY PLANNED DEVELOPMENT PLAN REVIEW APPLICATION l/We hereby request Amendmenn)Time Extension/Pre Plan Review for my/our Planned Development zoned property The request is as follows £ Puc6 S0'6 4,464 8' o d AG -1 REPocc" N✓046.L or t_O T 6 O Y 14 PRoAM i t s ro i 0+ c,®TS flit case number of the original Planned Development zoning was Please check appropriate letter air'have submitted site plans an/or clevattons for a Preliminary Plan or an Amendment Request ❑ I have submitted a new development schedule for a Time Extension request Legal Description of Property(found on County Tax Bill Notices) COM SE C(L c C 30 N 0.43.w-6G0.3s 5 89.4A'w-5- 3.8 0 TPoo 6-84 4.}'w 'ten 1,3_ N-if of" County Assessor's Tax Parcel Number /0,2-11- 03846 Describe the reason for II•(i_ Time Extension/Pre-Plan Review for the property w6 Ake rII P .42IP6 me 6O0T,46W ekk I9CL5 TJ T1-16 Iti'i c,1 JvXGTl0.0 HIM .rII G.9)764. FD,F= P,MIc,A FAGL,Tir.S FOR OFFICE USE ONLY Cast No QZ t-ta Date Filed Receipt No Proposed Ordinance No Application Received By ;ru&t et4€A. _ Fee Amount.S - I/We certify that I/We are the owner(s)of the.property described in this Planned Development Amendment/Tune Extension/Pre Plan Review application and have submitted copies of deeds or title reports as proof of ownership 1/We have read the application instructions and lave truthfully completed this application and understand that the City has the option of either approval or denial of this request following conduct of a Public Hearing I/We,being the owner(s)of the property in this application,have,appointed ,TEFF A. 6 t ties as my/our representutivc agent 1/Wt.have authorized hint/her to do whatever is necessary to have this request favorably by the City of Apache Junction and agree that all Corr" ,nde, relating to is matter should be delivered to him/her % �, PIyry'�����SE PR1N1 / UE07r/410,1/ S9A**4 E C'exe. pre Property Owner Name l'r att ' Richard J Biederbedt 51.5 W, 2 J°.- Sorer - Freciewt Street Address T w,'z,�y 85zrs y0o—5oS— z; City,State.,Zip Telephone Property Owner Name Signature Street Address — ---City,State,Zip - I e.Jephuni. — Agent Name. Signature Street Address City,Stau.,Zip Telephone STATE OF ARIZONA) The foregoingp Instrui ent was acknowledged before ) SS me this 1 day ul re by,../ COUNTY OF FINAL ) } J C SIVAGE Nota ublic NCTANY PueuC AtrZONA Ij N A...COUNTY W=w+.b+rnv.ome.nnnf. My Cmmim,siun Expires I° 3/'-.20 lI /N I/We,_ (—,'EtI rateA/ Sixty/cc CoAdi hereby certify that this is a complete list of property owners within 300 feet of the property proposed for rezoning or other permit approval as obtained from the Pine;County Assessor s Offset.on (date obtained) I/We further certify that this hat is not older than Hurt)(30)da• •t the to mg of said application P ASE PRINT rr E.J7uQ10f' S tkCE ( A Property Owner Namc a Richard.)Oiederbeck 52.5 la 2/'' Saran r m_ Sir Gt Address }n& "12_ € z. 4,110— SOS Z3S� City,State,Zip Telephone Propeiy Owner Name Signature Street Address City,State Lip telephone _-- Agent Name Signature Street Address City,State,Zip Telephone STATE OF ARIZONA) The fare wing instrument was acknowledged before ) SS me this ' day of_E4 U/44; ,20_ COUNTY of PINAL ) se,:('w . ;, : . C ,A1 Notary 1'u lie , My Commission Expires /0 21 .7a1 When recorded return to City of Apache Junction Development Services Department 300 East Superstition Blvd Apache Junction,AZ 05219 PROPOSITION 207 CLAIM WAIVER/INDEMNIFICATION/ACKNOWLEDGEMENT Aiefnae) a,4,az488er,f 4,e's,of;07 of C e,vm /SER✓JeE CORA 1, 4' ,as owner of property identified as Final County Assessor Parcel No ,which is the subject of Apache Junction City Council,Planning 8 Zoning/Board of Adjustment or other Case No.j?Z-/-1t) ,hereby waive any and all potential diminution in value and just compensation claims or lawsuits that could be pursued against the City of Apache Junction,its elected officials appointees,and employees pursuant to Proposition 207 as a result of the Planning and Zoning Commission/Board of Adjustment/Council's approval of the above-referenced matter 1 acknowledge I have read and understand the language set forth in Proposition 207 This waiver is authorized pursuant to A.R.S.§12-1134(1) I also hereby warrant and represent I am owner of the title to the above-referenced property and that no other person has any ownership in such property E✓vr o,✓ _ R✓it[ CO.f/ PrinAj ? ee of O er filifrO � Fc I zo re''wner Date .;'✓d.1 Biederbeck State of Arizona I as County of SUBSCRIBED AND SWORN TO before me this 9 ,day of re iu f 20$ (� by X'ic6n'cf LI,�e/er b k / My commission expires Not Publ. punyAGE,, cou vR ACMF.i O "Pr) � O City of Apache Junction '4R1 OAP Development Services Department PLANNING AND ZONING COMMISSION STAFF REPORT DATE: May 25,2010 CASE NUMBER: PZ-1-10,Amended SD-1-07,Amended CUP-1-10 APPLICANTS: RICHARD J BIEDERBECK AND EMANUEL B DAVID PROPERTY OWNER: CENTURION SERVICE CORPORATION AND DAVID/SALCEDA REPRESENTATIVE: JEFF A GYLES,CLOUSE ENGINEERING (REPRESENTING BOTH PROERTIES) REQUEST: A MAJOR AMENDMENT TO CASE PZ-1-10.A PLANNED DEVELOPMENT AND A REZONING FROM CR-5/PD TO CR-3 AND AN AMENDMENT TO THE FOOTHILLS SUBDIVISION OF 11 62 ACRES TO 10.62 ACRES FROM 118 LOTS TO 104 RESIDENTIAL LOTS AND A CONCURRENT CONDITIONAL USE PERMIT FOR THE APACHE JUNCTION HEALTH CENTER ONE(1)ACRE WITH 65 SPACES FOR A PARKING LOT EXPANSION LOCATION: NORHTWEST CORNER OF SOUTHERN AVENUE AND IRONWOOD ROAD,WEST OF SIDE MERRILL GARDENS. (PARCEL NO 102-11-003B) GENERAL PLAN/ ZONING DESIGNATIONS: MEDIUM DENSITY 3.5 DWELLINGS PER ACRE/CR-5 ZONE HIGH DENSITY 12 DWELLING MAX PER ACRE. SURROUNDING LAND USES: NORTH SINGLE FAMILY RESIDENTIAL SOUTH. COMMERCIAL EAST: SENIOR LIVING FACILITY WEST SINGLE FAMILY RESIDENTIAL PZ-1-10,SD-1-07(Amended),and CUP-1-10 Page 2 of 6 On April 13, 2010, staff presented case PZ-1-10, SD-1-07(Amended)and CUP-1-10 to Planning and Zoning Commission for discussion The Planning and Zoning Commission had no questions or comments On April 27,2010 staff requested a continuance for case PZ-1-10, SD-1-07(Amended) and CUP-1-10. The applicant failed to provide city staff with the required neighborhood letter The letter is essential to inform the public of the proposed development or changes to the site. The Planning and Zoning Commission continued all three cases to May 25, 2010 Public Hearing for the recommendation to City Council BACKGROUND: This site was within the Merrill Gardens Planned Development which was amended in 2007 by Cornerstone Homebuilders for a proposed Foothills Subdivision The existing zoning for the property is(CR-5/PD)was approved as a part of Ordinance 1306,which permitted the future Foothills Subdivision. The Apache Junction Health Center is zoned CR-3 (Single Family Residential)and is currently running its facility under a Conditional Use Permit PROPOSAL: The applicant is proposing a major Amendment to the existing Planned Development Zoning with an Amendment to the Preliminary Nat for the Foothills Subdivision The amendments would allow one acre of land to be sold to the Apache Junction Health Center for the need of additional parking The amended subdivision proposes 104 residential lots which are approximately 2,000 sq ft.each.The applicant proposes no changes on the units sizes which range from approximately 1,200 sq. ft.to 1, 750 sq. ft., all homes are proposed to be two story 26 ft. in height. The Amendment to the Preliminary Plat for the Foothills Subdivision reduces the number of lots from 118 to 104 which enables a one(1) acre of land to be sold to the Apache Junction Health Center to extend their existing parking lot Four floor plan designs proposed are the same as originally approved Proposed are three different elevations for the design of the homes Stone veneers,wrought iron accents and front porches are available to the buyer The site plan design encourages the front of the homes to be closer to the streets rather than having the garage closer to the streets as most single family homes are constructed. The garages are 11'-6"x 28'-4"and will allow for one car and storage to be enclosed Concrete slate,tile roofs, and stucco finish with masonry and wrought iron will be the accent materials used for the construction of the homes. The amended subdivision will conform to the requirements for open space The open space amenities are proposed on the west side of the property,which consist of a pool, a barbeque, and a Ramada with a restroom, storage,and equipment room soccer field This area will add additional distance from the proposed two story units to the neighboring properties and alleviate some of the view blocking of the mountains. Another open space is a pedestrian walkway that is 20' ft wide and provides access to the recreational and open space amenities located on the east of the property adjacent to Merrill Gardens PZ-1-10,SD-1-07(Amended),and CUP-1-10 Page 3 of 6 Proposed in this area is a basketball court and tot lot with some additional turf. Both amenity areas will be within walking distance of all residents and will be interconnected via the walkway The applicant proposes that the changes are intended to provide a transitional use with the surrounding properties and create an amenity for the development on the site The Apache Junction Health Center is requesting a rezoning from CR-5/PD(Multifamily Residential Zone by Planned Development)to CR-3 (Single Family Residential) for the one(1) acre of land that is currently a part of the preliminary platted Foothills Subdivision. The one acre is a proposed parking lot expansion for their facility that will consist of 65additional parking spaces to serve an expanding clientele ANALYSIS: The City has previously approved these single family homes on 2,000 sq ft lots with the approval of this preliminary plat Other smaller lot sizes approved by the City include Arizona Goldfield with+/-4,000 sq ft lots,Broadway San Marcos with 3,500 sq. ft. lots and Jacobs Ranch with 4,500 sq. ft. lots. Since the PD zoning is intended to provide flexibility from strict zoning designations, staff has provided a table below that outlines the proposed development standards with the proposed P D Amendment compared to the CR-5 development requirements(Multi-Family) The proposed development is for single family homes in a CR-5 (Multi-family Zone)the applicant would like to keep the higher density allowed in CR-5 to be able to build more single family units under the multi- family zoning The two story units are detached, and proposed maximize the lot area. Proposed deviations include allowing the driveway to be counted as a parking space to meet parking requirements The garage will be set back 22' from the property line The Zoning Ordinance requires, a parking space is to be 9' ft.x 20' ft.and not be located in the front yard setback.The design proposes to have a garage that will allow for one car and some storage.They have guest parking of 42 spaces for a 104 lot subdivision The applicant is required to have 2 33 parking spaces per unit in the CR-5 Zoning District if building a multi-family project,with 104 lots in the subdivision; the requirement would be 242 parking spaces.The proposed project is Single Family and the required parking for CR-3 (Single Family Residential Zone) is 2 spaces per dwelling which would requires 208 parking spaces be provided The applicant is providing 250 parking spaces (one in the garage, one in the driveway per unit; plus 42 guest parking spaces throughout the subdivision). Parking along internal private streets will only be allowed on one side The Zoning Ordinance does not allow tandem parking, so parking one car in the garage and one on the front yard setback driveway would also need to be allowed in the proposed - planned development Front, rear and side setbacks deviations are requested as part of planned development The applicant is requesting setback deviations including in the rear to have 5' ft, the front to be 10' ft, and the sides to be 8' ft one side 5' ft. and the other side 3' ft The CR-5 District requires setbacks to be measured from the edge of the development. Setbacks for this zone are intended to apply to a multifamily complex The proposal is for single family units and the setbacks required are more in line with multi-family developments /'\ PZ-1-10.SD-1-07(Amended),and CUP-1-10 Page 4 of 6 Comparative Table PD Development Standard Requested Standard CR-5 Standard requirements Min Lot size 2,200 sq ft 10,000 sq. ft Min Lot Width 40' 70' Front Setback 10' 25' Rear Setback 5' 35' Side Setback 3' 10' Side Yard Bldg Separation 8' Use&Benefit Easement 14' minimum Max Bldg.Height 26'/2 stories 25' max Max Lot Coverage 75% 50%max Required Parking Spaces 1/unit+42 spaces for guest 2 33/umt parking proposing driveway As required parking Bldg. Setback from SFR 50' 50' Open space minimum 20 2% 20% PUBLIC NOTIFICATION: This project will be advertised 15 days prior to the Planning and Zoning Public Hearing of April 27, 2010 and letters have been mailed to all property owners within 300 ft of the project The applicant was not required to conduct a neighborhood meeting since he mailed a letter of notification about the project and has reported that there are no comments or concerns from the neighborhood Recommended Motion I move that the Planning and Zoning Commission recommend to the Apache Junction City Council the(approval/denial)of the major amendment to the existing CR-5/PD, case PZ-1-10 that will reduce the number of lots from 118-104, and the(approval/denial)of the rezoning of a one acre piece of land that is part of the Foothills Subdivision from CR- 5/PD(Multifamily Residential by a Planned Development)to CR-3(Single Family Residential) for the parking lot expansion of the Apache Junction Health Center subject to the following conditions- 1 The applicant shall be required to comply with the submitted and referenced revised narrative of the Foothills Planned Development and revised site plan I move that the Planning and Zoning Commission recommend to the Apache Junction City Council the(approval/denial)of the Amended Preliminary Subdivision Plat for PZ-110,SD-1-07(Amended),and CUP-140 Page 5 of 6 Foothills case SD-1-07 (Amended) to reduce the number of lots from 118-104, subject to the following conditions. 1 The applicant shall comply with the Amended Foothills Preliminary Plat and shall follow all the requirements stated in the revised Narrative for the Foothills subdivision Planned Development 2. The applicant shall construct a decorative 6 foot wall around the perimeter of the enS subdivision 3 The applicant of the Foothills Subdivision shall landscape the north side of the 6' foot decorative wall prior to issuance of the first building permit for the subdivision. 4. The applicant shall comply with the Apache Junction City Code, Volume II, Land Development Code, Chapter 2, Subdivision Regulations The preliminary plat shall meet the requirements of City of Apache Junction Ordinance No 1282, Engineering Design Guidelines and Policies Manual. 5 The final plat shall be in substantial conformance with the approved preliminary plat and meet the requirements of the City of Apache Junction City Code, Volume II, Land Development Code, Chapter 2, Subdivision Regulations I move that the Planning and Zoning Commission recommend to the Apache Junction City Council the(approval/denial)of case CUP-1-10 the major amendment to the existing Conditional Use Permit for the Apache Junction Health Center to allow a parking lot expansion to accommodate more patients,employees, and visitors 1 The applicant shall meet all landscape and screening code requirements with the construction of the parking lot expansion /'\ 2 The applicant shall build a decorative 6 foot wall around the perimeter of the parking lot. Yanet Ochoa Assistant Planner Attachments. -Rezoning Application -Narrative for the Major Amendment with Site Plan -Amended Preliminary Plat for the Foothills Subdivision which also identifies the one(1)acre lot for the proposed parking lot expansion for the Apache Junction Health Center -Neighborhood report -Draft Ordinance No 1363 PZ-1-10,SD-1-07(Amended),and CUP-1-10 Page 6 of 6 -Draft Resolution No 10-14 -Draft Resolution No. 10-15 C PRELIMINARY PLAT °" LEGAL DESCRIPTION FOR SITE SUMMARY TABLE c " a ro:DESCRIBED AS 0NLLOWS. a" sr ar H COMMENCING AT THE SOUTHE.CORNER OFwSOwo `r°11"NEa�s+a.No rsrc°�'k v u°mruxrc,swElciD°ni,ul6 FO O—I— ILLS caoss n NET aNc.LREs ID.s,s3 AC .Gz.aos s.F In:T i L `J TOTAL LOTSo 101rn W W EPROPOSED POSC --S/ V= c O Eo ZONING: cR-s/PD M V mv,tA¢;s1 S rournlEFwsT Ei ar,�E Soup,ISiEV. DWELLING UNITS PER ACRE: 8.7BY 7 19 Fa rc w0 raa11l HUF or TxEsNtTEa SESSORS PARCEL NO.:102-11-003B. C F N LOT SIZE. 2,226 S.F 11 W 3 a wEBT RE ALONG I SCUM L.OF.0 NORTH HALF.A DETAHOE E LOT SIZE:2,240 S.F iT T°iHCE aomm F xSIHc, A PORTION OF THE NORTH 1/2 OF THE SOUTHEAST QUARTER OF THE MAXIMUM LOT WIDTH 61 Fr MOODS TnE.E CONNTRET A",cPa O anSNO WEST.LINE.or UTH ft DE.EESRTH of 61911.6 souis5Fw.1.WE T.A DI io..Of SOUTHEASTa1,R,m SOUTHEAST QUARTER OF SECTION 30 TOWNSHIP 1 NORTH RANGE 8 MINIMUM LOT WIDTH: w FT AT BLOC SETBACK OF EAST OF THE G & S R B & M FINAL COUNTY ARIZONA. OVERAGE LOT WIDEN: w n DOD— ONE A OMANCE OF 616.31 FEET TO OPEN SPACE: 83.800 Sr(INN Of CROSS SITE AREA) ❑C1w— THE NORTHWEST c0 x F H K THE THENCE NOR.DO DECREES 13 NAMES 30 SECONDS WSWS SOCE•ETT QUARTER ALONG ° FOf THE SOUTHEAST WARIER OF SECTION 30: ■❑u 1.7' aARs sOUTN sF omR 61 MIN01F5. SEc0N0s AeA0c OF rood E MITE moM TIc a 7"..aDNT BROADWAY AVENUE TIERCE SPUD...,.0..0 CURVE THROUGH A CENTRAL ANGLE OF 14 DEGREES 42 1.11.17E3 10 s µ THENCE DEPAR.NO NON-TANNEST TO PAD CURVE SOUTH 00 DECREES 13 Mm0rt5 36 SECONDS EAST 1.10 F UTILITIES .0cl 17,47 ce9 DECREES.WAGES 47 SECONDS Vt.A DISTANCE OF 33E20 PONT ON A WATER SERVICE BY THE ARIZONA WATER COMPANY II: FROM TOE "..""B.'RV TO'''' SOU"'O DEOMES 22 ER SEW SERVICE BY THE SUPERSTOON MO THENCE MN R R NORTHEASTERLY E TE Of 12061 F A O CURVE THROUGH A MM2B V CT./..OEE Or 16 MORE.1K NAMES 51 SECONDS.AN j COMMUNITY FACILITIES DISTRICT MOUNTAIN MC ELECTRIC SERVICE BY SALT RNER PROJECT ew�xPA K ti OP 65CMS0000. VE SOUTH 00 DECREES 13 MM111ES b SECONOS FAST A PRANGE or TELEPHONE SERVICE BY OWEST O OOM.TIONs. GAS SERVICE BY SOUTHWEST GAS GRAVY ' MEAT.TIE Sw11..w FEET OF THE EAST CABLE SERVICE B COMMUNICATIONS COMPANY PECUL R RESERVED W u POLICE BY APACHE JUNCTION POLICE DEPARTMENT T 0<mM v As IN THE 16TH 30 AVENUE PATENT FROM THE uMIiE90 STATTE OF S OFFAiME IE RCEPT GI UPANIIII.THORIUM..ANY OTHER wTOnvLs.w1ETHEa M NOT 1FEanAL ALOE, FIRE BY.ACHE JUNCTION FIRE DISTRICT G REFUSE COLLECTION SERVICE BY PRIVATE SOLID WASTE. w pp N I- 3 2000 a a cn ? SITE K/A o J TRACT TABLE %/ NOTES _.1 TRACT AREA THE OVERHEAD UTILITY LINE,ON OF ADJACENT TO IRIS �• _ SITE MUST BE UNDERGROUIDED. W W_ TRACT'A' 3ySOZS S.f. PRNATE 0.0Ap NIU P,N. ALL TRACTS OF THIS SUBDIVISION TO BR MAINTUNEO BY Q O 154.4 TRACT: l 1 .F. R N oN N L. _ SOUTHERN AVENUE THE HOMEOWNERS ASSOCMTION. Z LL O RACE y p$,E. R AWN p}CARING AND P,IUF }PACT { BS BSF R ENTAN,LANDSCAPING 0.iCRFA [ND PNi O TRACT T S UNOSCAPINO AND pp [[ J T CT C" 11 LANDSCAPING AND P.U,E. LA rx .F VICINITY MAP LJ S m P. --.--R LEGEND CY 19D S.. RAN INO.D P.. _ SEI/{SECTION 30 T IN. R6.ET� Q, XR t'L ws 1JP$.f 21,10 .NDSCAPLNc AND P US INDICATES A CORNER OF THIS SUBDMsroN. ThT Q3{V'T f REG D PUE1 - INDICATES to PUBLIC UTILITY EASEMENT DIRECT.STORM ORAN.E FLOW B INDICATES ERE HYDRANT Ij INDICATES NAT.VA. 0 INMATES SEWER MANHOLE j II I FE I w �H UO0C sww� r i i/ - 4 r BENCHMARK � �� I - - L, varda- 3/8 SPIKE IN A POWER POLE ATM SOUTHWEST \T'I °"7".I"- J. r nnTI�E - 4y CORNER OF 16TN AVENUE D IRONWOOD 0. a 02 .i'...,5 I - YA&xm -l''W eD le 0'W Win. IN' _ & EVISED ELEVATION=-1i4Jf/6(CLOY 014/12B) 1I ' 50: Si n iII\ h 15 11 08 M j_IaFB Y 1 A 'W 1aa11rW \ \ �'5;.` 8p�. ¢ _-8�' _ m _ LL^� sed 1 i. I J Bb • , 6-7-07 �,, P ��— �i1_L I --3 'p_ yo_+ _ —/a �` 115.09 `+ JI TYPICAL PARKING DETAIL P.M 1mw 4 EA Date 3-27-07 O AR-BuOt 8 _ TYPICAL LOT LAYOUT OWNER g CENTURION SERVICE CORPORATION JPD No. 525 W 215T STREET 070207 w MA'S SHONNOF WORKNN ESCHR(FOUND TO.PROVED NOT BE IJAHLE COT W2-:63-I1, PUNS SHOULD THEIR STAKES BE FOUND MISSING OR (PRIVATE ROAD) 5MDNE:(+Rfio)STR STREET w cNE wMEn asiuRE1EO. CONTACT RICHARD J BIEDERBECK 1 Oi PRELIM-0I-COV.DWS 2 R ) ) ) GAT/J`J 1.16'rt RENAISSANCE POINT BOOK 102 PAGE 49 ZONED CR - 3/PD ° $g` [n I Y m s CESS c_ W2 7 1 I tt .NeI g ACCESS 1 I PENAM - 7 , � s j ..-Ti t Asa Asa Asa Asa s 102 9-4706 .�a N l ,, s _ - A. 18 \. ' • 20T1:1 AVENUE • 40C104r1 zes.b�\ _ \ =IXay - < _ - -I 51/ A6PN41 PxvEAaNI r 7 $ \/TRACT .. _ J.. - o z Ab C.N'4340• 1` y�p Q W a V OOq Y/ W3 ZD xNiax'3T'E 3ee.10 _ w 1../'r PUE F1 a A.IT154p'ep1 C�—.-40 SO LI 40 w 40 AO' 13 L.5461 7 f0 T'„I- .r TRACT"C-_ ^:1 .R D . 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CLAUSE ENCINEERINO,1NC. s 40 Nor BE WBIE wR A P N 1 0 2 - 1 1 - 0 0 6 A (x l,?A' 070207 AWr PORTrory oP woml NOT COxPaRNINc ro rvPRovEo N "..II 802 exN-1100 PLws SMWLO TITER STAKES BE FOUND 1.NsswO OR U N S U B D I V I D E D 2 OF O6fuPBEO. ZONED C B - 2 2 PREN 02.Dare I SITE PLAN 7; 4 APACHE JUNCTION HEALTH CENTER Ng A PORTION OF THE SOUTH 1/2 OF THE SOUTHEAST QUARTER OF THE W w I' SOUTHEAST QUARTER OF SECTION 30 TOWNSHIP 1 NORTH RANGE 8 w w E. EAST OF THE G & S R B & M PINAL COUNTY ARIZONA. w g g PooPOSED(OOMLS 0 z .1 6189142,47E 72600' U w IIIIIIIIIU11g111111011U14111OJllllllll = r'»noM rL �� I1!111 I �8 ' r 1,1�11 'gw N89'4'M'E 369.18' - - NB9'4T'44[136.6.1 uNSUBM/lom d am"�RE1E '4a asem irkr.� 1 2.00 Udue°eMl° 4'g �-^s-� I I I I kl&I&& 1 I y BROADWAY AVENUE Z ,. . c 30.00 ma,T�q•2a.00•fIZE: / -_J _ 30 J O I Z 2 Z a ' / Cl 24.00 00' L/ o A az = — SITE � b. 0 0 V) PORK AREASOUTHERN AVENUE C.) 3108• Zi r VICINITY MAP a SECTION 30 T 1N. R.BE W N / § A ° 20 �� _ SITE SUMMARY TABLE Q /90 BED HEALTH CENTER /'8 SCALE 1 =40 PUBLIC AREA ' GROSS ARFA 6 T61.819 Sq.EL.OR 6.W59 ACREB 1..L ��y NET z IS 245.108 54.R OR 5.8269 ACRES Q < BUILDING AREA IS 64.676 Sq../ g PARKING: 8 HANDICAP SPACES .�/ 149 REGULAR SPACES 4'. /'Sr J5.00� 152 PARKING SPACES FRONDED ,/ II(24.ao 6 4 20. OWNER/DEVELOPER %`" \ d/rIPF APACHE JUNCTION HEALTH CENTER Revised 1` 2012 W SOUTHERN AVENUE �I I APACHE JUNCTION.ARIZONA 85220 J II I III I&OAU [J°1 1 1 I I 1 11111 1. CONTACTONE: 80)96GE JACOBSON070 PHONE:(480)983-0700 EXT:502 2 s 7 , W 14 — ( RETENTION BASIN 1 26.60' s. __ ---__ 30.00' S 1/3 COR �1 N WA SEC 0 _J.I___ IY_ __ _ 1'[-22-09 TIN.RBE 26-8918 �R BLo ac .--_ r ---7 S SOUTHERN AVENUE iii m b Nae 11 489142'467 330.24 N8042.48'E 330.24' 43'46'E 660.49' \ J.N6. V N99.42'467E 26,96 V` 0908O1 71COR N 1 LIP1 qD I/27 BAR Sire PRP IN, ) d. Adorn. PROJECT NARRATIVE FOR FOOTHILLS February 26, 2010 Clouse Engineering, Inc 1642 E. Orangewood Avenue Phoenix, Arizona 85020 FOOTHILLS 1. Purpose and Introduction The purpose of this submittal is to seek approval for the revision of the �. previously approved Planned Development (PD) for Foothills, a proposed residential infill development. The revision requested reduces the original project site by one acre and reduces the number of lots by 14, from 118 lots to 104 lots The use of the PD, as an alternative to traditional zoning, will permit the development of an infill residential development compatible with surrounding land uses The project is located on approximately± 10 62 acres of land near the northwest corner of Southern Avenue and Ironwood Road. 2. Planned Area Development Rezoning Request The site was originally within the Merrill Gardens planned development. The zoning for the property at that time (CR-5/PD) was approved as part of Ordinance No. 996, which permitted for the future expansion of the existing Merrill Gardens facility, an assisted living facility. The approved Planned Development for FOOTHILLS allowed the construction of single family lots. The southerly one acre is being transferred to the Apache Junction Health Center, for their use as additional parking facilities 3. Existing Site and Area Conditions a. Location The site is located near the northwest corner of Southern Avenue and Ironwood Roads, in the City of Apache Junction b Existing Site Conditions The site is currently vacant The property was originally planned for expansion of the Merrill Gardens facility to the east. c Legal Description The site is in the north half of the southeast quarter of the southeast quarter of Section 30, Township 1 North, Range 8 East of the Gila and Salt River �► Base and Meridian d. Relationship and Surrounding Properties The property represents the opportunity for lnfill development within the City of Apache Junction. The surrounding properties are all developed with single-family residential homes, commercial development, and an assisted living facility The surrounding land uses are outlined below North Single Family Residential South Commercial East Senior Living Facility West Single Family Residential 4. Project Land Use a. Proposed Development ',,, The proposed development would permit the development of residential lots within a CR-5/PD zoning The Foothills PD is designed to provide an alternative to typical multi-family attached product The Foothills provides future residents with the feel of a single family residential subdivision through the development and construction of detached dwelling units ranging in size from approximately 1,200 square feet to 1,750 square feet. Since the PD zoning is intended to provide flexibility from strict zoning designations, we have provided the following table that outlines the proposed land use regulations associated with the PD. f PD Development Standard Requested Standard Min Lot Size 2,200 SF Min Lot Width 40' Front Setback 10'* Rear Setback 5' /1 Side Setback 3' Side yard Bldg. Separation 8' Use and Benefit Easement Max. Bldg Height 30'/2 Stories Max. Lot Coverage 75% Required Parking Spaces 2 33/unit Bldg Setback from SFR 50' *Face of garage shall be a minimum of 18' from property line Typical Lot Detail b. Circulation and Access The Foothills will have one primary access point located on 20th Avenue at /IN the northeast corner of the property (see Site Plan) A secondary emergency vehicle access will also be provided on 20th Avenue west of the main entrance. The interior streets will be private with future maintenance being the responsibility of the Homeowners Association c. Parking The Foothills has provided for 281 parking spaces, with an overall parking ratio of 2 70 spaces per unit, which exceeds the multi-family parking requirement of 2 33. Two parking spaces are provided on lot. A single-car- oversized garage provides one space, with an additional space provided in the driveway The proposed setback of 18' from property line allows for an additional parking space on the driveway. Additionally, 45 off-street parking spaces are dispersed throughout the site. The parking spaces are intended to provide for guest parking and use of the amenities. d Interconnected Open Space Network and Amenities The Foothills has allocated approximately±18% of the project area to open space The open space is designed to provide a buffer to less intense land uses to the north and east, while providing an interconnected open space network for future residents. We have provided open space in the northwest corner of our project to increase the size of existing open space areas from adjacent communities. Two central amenity areas provide residents outdoor recreation opportunities within walking distance of all residents. The two central amenity areas include a pool, ramada, barbeque, basketball court, soccer field and tot lot so residents of all ages have outdoor recreational opportunities These two centrally located amenity areas are connected by a 4' wide decomposed granite pedestrian path that bisects the property The path creates an interconnected open space network and allows pedestnans to safely travel between the main amenity areas The open space network gives residents the opportunity to take advantage of the City of Apache Junctions vistas of the Superstition Mountains. 5. Utilities/Infrastructure Water Arizona Water Company Sewer Superstition Mountains Community Facilities District No 1 Electric Salt River Project Phone Qwest Streets Private 6. Architectural Standards a. Architectural Style The development concept for Foothills is to create a diverse neighborhood by developing a variety of architectural expressions along intimate neighborhood streets. The homes, as depicted on Floor Plan exhibits, are two story and range in size from approximately 1,200 to 1,750 square feet. The proposed homes will be on lots with typical widths of 40 feet and typical depths of 56 feet. The architectural design theme for Foothills will be a contemporary expression of Tuscan and Italian European architectural styles Each proposed floor plan has three front elevation expressions; stone elevations are standard on two of the three elevations Recessed windows, garage doors, shutters, and decorative iron are incorporated in the elevations. Detailing will focus on front elevations and entry areas and will transition around corners to continue on the other elevations Complementary building forms, elements, details, and color will create a consistent overall design ON theme for Foothills. Professionally designed color schemes have been established from an appropriate palette with accent colors complimenting the main color theme ON b Building Materials Homes will be designed and built to optimize the neighborhood street scene. Identical elevations will not be adjacent to each othei In addition, no more than two identical elevations with the same extenor colors will be located within five consecutive lots on the same side of the street to avoid repetitiveness in the street scene. Streetscape diversity will be further enhanced through home entry features and landscaping design. The entrances of the homes will share a common property line as to open up the front yard landscaping area and create the most pleasing and pedestrian friendly street scene. 7. Residential Covenants, Conditions and Restrictions (C C & R's) a. CC&R's CC&R's will be drafted to provide the community with project related guidelines. It is the intent of the CC&R's to establish the rules and regulations for the Homeowners Association The CC&R's will be provided to the City of Apache Junction with the first submittal of the final plat for review The CC&R's will be recorded with the final plat. Pak b Homeowners Association A homeowners association will be established to help enforce the City of Apache Junction approved Foothills CC&R's. A property management company will be brought in to help manage and maintain the homeowners association Homeowners will be required to pay monthly dues to the /'1 association which will be used for the upkeep of community amenities, common area landscape tracts and other community maintenance related issues. F The contemplated development and use of the Property pursuant to this Agreement are consistent and in harmony with the 1999 Apache Junction General Plan ("General Plan") G The City of Apache Junction is entitled to enter into this Development Agreement pursuant to A.R.S §§ 9-500.05 and 9-500 11. H. The parties have mutual interests in the development of this Project and wish to enter into this Agreement with certain terms and conditions set forth below The Council finds that SMMHC is not receiving any illegal gift through the implementation of the Agreement, and that this Agreement does not involve any reimbursement or waiver of retail transaction sales/privilege tax. AGREEMENT NOW, THEREFORE, in consideration of the foregoing Recitals and the mutual promises and covenants set forth herein, and for other consideration, the receipt and adequacy of which is hereby acknowledged, the Parties agree as follows 1. ACCURACY OF THE RECITALS. The Parties hereby confirm the accuracy of the Recitals set forth above, which are incorporated herein by this reference 2. PROJECT. This Agreement shall relate to the Project with an approved Site Plan set forth in Exhibit B attached hereto 3 EFFECTIVE DATE, TERM, AND RECORDING Upon adoption of a resolution by the City Council, execution and recording in the Pinal County Recorder's Office, this Agreement shall become effective and shall continue until all payment, performance and reimbursement obligations of the parties have been fully performed Pursuant to A R S § 9-500 05(D), the Agreement shall be recorded by City within ten (10) calendar days at the Pinal County __„Aft, Recorder's Office 4 CITY'S OBLIGATIONS. a. Allow on-site construction work to be underway and/or completed in advance of any off-site work b. Issue an "at-risk" grading permit prior to final plan approval as deemed appropriate by the City Building Official c Issue a Temporary Certificate of Occupancy and allow for the opening of the administration building in Phase I prior to off-site work being completed so long as there is adequate, safe street access which has been approved by the Building Official, Public Works Department and Fire District 2 d Upon appropriate application and fee submittal from SMMHC, allow a business monument sign on SMMHC's Property at or near Superstition Boulevard and Plaza Drive e Process reasonably prompt review of the new downtown street cross- section design. f. Consider Plaza Drive a local collector street g. Adjust the road development fees as allowable pursuant to Resolution No. 04-25 (creation of Infill Incentive District) such that the total will be reduced from$196,321 to$41,261 h Adjust parking requirements within administrative discretion and/or allow on-street parking on Plaza Drive and allow spaces on west and east sides of the street adjacent to Phase Ito count toward the onsite parking requirements of Phase I Complete the bidding and construction of the full Public Improvements noted in Exhibit C Reserve the right to delay, adjust or modify the implementation of the new street cross-section on Plaza Drive should funding challenges or other issues arise. Should the Plaza Drive project be delayed, and should SMMHC experience an onsite parking shortage due to anticipated Plaza Drive spaces not being available, City shall allow the development of temporary parking lot(s) onsite until such time as the Plaza Drive improvements are completed k Defer payment of development fees, building permit fees, grading permit fee, plan review fees and Development Services engineering fees, totaling $67,451 39, until January 2, 2013 Reimburse SMMHC the cost incurred for design of the Public Improvements adjacent to Phase II and the west side of Plaza Drive from Superstition south to the southern boundary of the parcel 5. SMMHC'S OBLIGATIONS a. Make a $5,000,000 00 Project investment in the Crossroads Redevelopment Area b. Provide for approximately 40 net new jobs at the Project location in Phase I. 3 Adak c Complete full roadway street design and all necessary bid documents of the Public Improvements adjacent to Phase I and Phase II identified in Exhibit C no later than January 2, 2011 d Should, for whatever reason, the Plaza Drive improvements not be completed by August 1, 2011, SMMHC will contribute an amount not to exceed $150,000 00 for half-street improvements adjacent to Phase I by January 2, 2012 in 2012 net present value, to a fund to be held by City and designated for Plaza Drive improvements Any amount paid into this fund, up to the maximum amount noted above, shall be substantiated in the cost estimate approved by the City Engineer e Reimburse City the construction costs for new main street cross-section for the half-street Plaza Drive Public Improvements adjacent to Phase I, as depicted in Exhibit C, upon completion of construction, but no later than January 2, 2013 f Reimburse City the design and construction costs per new main street cross-section for the half-street Plaza Drive Public Improvements adjacent to Phase II, as depicted in Exhibit C, upon issuance of building permits for Phase II or by January 2, 2025, whichever comes first. g Dedicate to City a perpetual sidewalk access easement to accommodate the new downtown street cross-section h. Dedicate a 25 x 25 x 25 foot triangular perpetual easement, as depicted in Exhibit D attached hereto, on its private property near the southeast corner of Superstition Boulevard and Plaza Drive for future placement of a monument sign , reading "Welcome to Downtown Apache Junction" or words to that effect, by August 1, 2011. City shall design and construct the monument sign at its own expense and shall also prepare all documents and legal descriptions associated with the easement dedication However, SMMHC may review and ,.� provide input on such signage design and placement so that the Project's site distance and visibility from the intersection is not compromised Provide a Traffic Impact Analysis ("TIA") as required by the City's Engineer (but not required for Phase I) no later than issuance of a building permit for Phase II (future phases). �. Open and operate the Phase I SMMHC facility by April 1, 2011. k Construct all offsite Public Improvements, excluding future roadway improvements, but including overground and underground utility apparatus and facilities and other improvements listed and reflected in the "Civil Improvement Plans (Phase I) for Superstition Mountain Mental Health", approved by the Development Services Department on or about April, 28, 2010, on file with such department of City, incorporated herein by reference, 4 and the listed items in the attachment to Exhibit C. Such offsite improvements shall be completed and approved before the Certificate of Occupancy is issued by City 6 SCOPE AND REGULATION OF DEVELOPMENT. Development of the Property shall be consistent with the Property's zoning and Site Plan and shall be governed by the provisions, requirements and restrictions contained in this Agreement and by all applicable city, state, and federal laws ("Applicable Laws") .•. 7 PUBLIC INFRASTRUCTURE IMPROVEMENTS a. Construction and Phasing The Public Infrastructure Improvements shall consist of all items identified in Exhibit C b Design, Bidding, Construction and Dedication The Public Infrastructure Improvements shall be designed, bid, constructed and dedicated in accordance with all Applicable Laws, including without limitation all laws concerning City procurement and public bidding procedures c License SMMHC represents and warrants that any license necessary to perform the work under this Agreement is current and valid SMMHC understands that the activity described herein constitutes "doing business in the City of Apache Junction" and agrees to obtain a business tax license pursuant to Article 8-5 of the Apache Junction City Code and keep such license current during the term of this Agreement. Any activity by subconsultants within the corporate city limits will invoke the same business tax regulations on any subconsultants, and SMMHC agrees to ensure that its subconsultants will obtain any required business tax license. 8 INDEMNITY; RISK OF LOSS: Indemnity by SMMHC SMMHC shall pay, defend, indemnify and hold harmless City and its City Council members, officers and employees from and against all claims, demands, fines, penalties, costs, expenses, damages, losses, obligations, judgments, liabilities, and suits (including attorneys fees, expert fees and court costs) which arise from or relate in any way to any act or omission of SMMHC, or its employees, contractors, subcontractors, agents or representatives in implementing the terms of this Agreement. The foregoing indemnity obligations of SMMHC shall survive the expiration or termination of this Agreement 9 CITY REPRESENTATIONS City represents and warrants to SMMHC that. a. The City's execution and approval of this Agreement have been made in compliance with the procedural requirements of the Apache Junction City Code. b The City will execute and acknowledge when appropriate all documents and instruments and take all actions necessary to implement and evidence this Agreement 5 c. As of the date of this Agreement, the City knows of no litigation, proceeding, initiative, referendum, or investigation contesting the powers of the City or its officials, with respect to this Agreement, that has not been disclosed in writing to SMMHC d. The execution, delivery and performance of this Agreement by the City is not prohibited by, and does not conflict with, any other agreements, instruments or judgments or decrees to which the City is a party or is otherwise subject e. The City has been assisted by counsel of its own choosing in connection with the preparation and execution of this Agreement 10. SMMHC REPRESENTATIONS SMMHC represents and warrants to City that a. SMMHC has the full right, power and authorization to enter into and perform this Agreement and of the obligations and undertakings of SMMHC under this Agreement, and the execution, delivery and performance of this Agreement by SMMHC has been duly authorized and agreed to in compliance with the organizational documents of SMMHC 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. SMMHC has no knowledge of any violations of city, county, state,federal, building, land use, fire, health, safety, environmental, hazardous materials or other governmental or public agency codes, ordinances, regulations, or orders with respect to the Property, or any lands adjacent to the Property. d. To the best of SMMHC's knowledge, the Project is not contaminated ,., with, nor threatened with contamination from outside sources by, any chemical, material or substance to which exposure is prohibited, limited or regulated by any federal, state, county, local or regional authority or which is known to pose a hazard to health and safety and the Project has never been used for a landfill, dump site, underground improvements, storage of hazardous or regulated substances, or by a manufacturer of any product or for any other industrial use, nor is the Property subject to any wetlands or other environmental limitation e. SMMHC will execute and acknowledge when appropriate all documents and instruments and take all actions necessary to implement, evidence and enforce this Agreement. f. As of the date of this Agreement, SMMHC knows of no litigation, proceeding or investigation pending or threatened against or affecting SMMHC, which could have a material adverse affect on SMMHC's performance under this Agreement that has not been disclosed in writing to City 6 g. This Agreement (and each undertaking of SMMHC contained herein) constitutes a valid, binding and enforceable obligation of SMMHC, enforceable according to its terms, except to the extent limited by bankruptcy, insolvency and other laws of general application affecting creditors' rights and by equitable principles, whether considered at law or in equity SMMHC will defend the validity and enforceability of this Agreement in the event of any proceeding or litigation arising from its terms that names SMMHC as a party or which challenges the authority of SMMHC to enter into or perform any of its obligations hereunder. Delivery and performance of this Agreement by SMMHC is not prohibited by, and does not conflict with, any other agreements, instruments, judgments or decrees to which SMMHC is a party or to which SMMHC is otherwise subject h. SMMHC 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 SMMHC has been assisted by counsel of its own choosing in connection with the preparation and execution of this Agreement. 11. EVENTS OF NON-PERFORMANCE, REMEDIES a. Enforced Delays Neither City nor SMMHC, 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 subcontractors or materialmen 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, riot, labor strike or interruption, extortion, sabotage, or similar occurrence or any exercise of the power of eminent domain any governmental body on behalf of any public entity, or a declaration of moratorium or similar hiatus directly affecting the Property (whether permanent or temporary) by any public entity In no event will Enforced Delay include any delay resulting from general economic or market conditions, unavailability for any reason of particular tenants or purchasers of portions of the Property, labor shortages, unavailability of financing, or the unavailability for any reason of particular contractors, subcontractors, vendors, investors or lenders desired by SMMHC in connection with the Property SMMHC agrees that SMMHC 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 7 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 ninety (90)days b Rights and Remedies Cumulative. The rights 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. 12 MISCELLANEOUS PROVISIONS: a Governing Law; Choice of Forum. This Agreement shall be deemed to be made under, shall be construed in accordance with, and shall be governed by the internal, substantive laws of the State of Arizona (without reference to conflict of law principles) Any action brought to interpret, enforce or construe any provision of this Agreement shall be commenced and maintained in the Superior Court of the State of Arizona in and for the County of Pinal (or, as may be appropriate, in the Justice Courts of Pinal County, Arizona, or in the United States District Court for the District of Arizona, if, but only if, the Superior Court lacks or declines Jurisdiction over such action) The Parties irrevocably consent to Jurisdiction and venue in such courts for such purposes and agree not to seek transfer or removal of any court action. b. Limited Severability City and SMMHC each believes that the execution, delivery and performance of this Agreement are in compliance with all applicable laws. However, in the unlikely event that any provision of this Agreement is declared void or unenforceable (or is construed as requiring City to do any act in violation of any applicable laws) such provision shall be deemed severed from this Agreement and this Agreement shall otherwise remain in full force and effect; provided that, if the City Attorney determines that such action is legally permissible, this Agreement shall retroactively be deemed reformed to the extent reasonably possible in such a manner so that the reformed agreement (and any related IOW 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; provided, however, in no event shall such reformation require any general fund expenditure or incurrence of indebtedness by City The Parties further agree, in such circumstances, to do all acts and to execute all amendments, instruments and consents necessary to accomplish and to give effect to the purposes of this Agreement, as reformed c. Interpretation of Conditions and Terms. 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, and 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 8 AM DA, provisions contained in this Agreement shall be interpreted or construed against the Party who prepared or whose attorney prepared the executed Agreement or any earlier draft of the same d. Notices: (i) Addresses. Except as otherwise required by law, any notice required or permitted under this Agreement shall be in writing and shall be given by personal r delivery, or by deposit in the United States mail, certified or registered, return receipt requested, postage prepaid, addressed to the Parties at their respective addresses set forth below, or at such other address as a Party may designate in writing pursuant to the terms of this Section, or by telecopy or telefacsimile machine, or by any nationally recognized express or overnight delivery service (e g Federal Express or UPS), delivery charges prepaid: If to City. City of Apache Junction Attn• City Manager 300 E Superstition Blvd Apache Junction,Arizona 85119-2899 Telephone: (480) 474-5066 Facsimile (480)474-5110 With a copy to. City of Apache Junction Attn: City Attorney 300 E Superstition Blvd Apache Junction, Arizona 85119-2899 Telephone: (480)474-2604 Facsimile (480)982-5883 If to SMMHC: Telephone: Facsimile. With a copy to• Telephone Facsimile: (ii) Effective Date of Notices. Any notice sent by United States Postal Service certified or registered mail shall be deemed to be effective the earlier of the actual 9 delivery, or three (3) business days after deposit in a post office operated by the United States Postal Service Any notice sent by a recognized national overnight delivery service shall be deemed effective one (1) business day after deposit with such service Any notice personally delivered or delivered through a same-day delivery/courier service shall be deemed effective upon its receipt (or refusal to accept receipt) by the addressee Any notice sent by telecopy or telefacsimile machine shall be deemed .•. effective only upon confirmation of the successful transmission by the sender's telecopy or telefacsimile machine, followed by deposit of a "hard copy" for next business-day delivery by a recognized national overnight delivery service e Time of Essence Time is of the essence of this Agreement and each provision hereof f Section Headings The Section headings contained in this Agreement are for convenience in reference only and are not intended to define or limit the scope of any provision of this Agreement g. Attorney Fees and Costs In the event of commencement of a legal action in an appropriate forum by a Party to enforce any covenant or any of such Party's rights or remedies under this Agreement, including any action for declaratory or equitable relief, the prevailing Party in any such action shall be entitled to recovery of its reasonable attorneys' fees and court costs and expenses, including, but not limited to, its costs of expert witnesses, transportation, lodging and meal costs of the Parties and witnesses, costs of transcript preparation and other reasonable and necessary direct and incidental expenses associated with such dispute. h Waiver. Without limiting the provisions of this Agreement, 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 Third Party Beneficiaries. No person or entity shall be a third party beneficiary of this Agreement, except for permitted transferees, assignees, or lenders under this assignment to the extent that they assume or succeed to the rights and/or obligations of SMMHC under this Agreement, and except that the indemnified parties referred to in the indemnification provisions set forth in this Agreement (or elsewhere in this Agreement) shall be third party beneficiaries of such indemnification provisions 10 Exhibits. Without limiting the provisions of Section 1 of this Agreement, the Parties agree that all references to this Agreement include all Exhibits designated in and attached to this Agreement, such Exhibits being incorporated into and made an integral part of this Agreement for all purposes k Integration 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 Further Assurances. Each Party agrees to perform such other and further acts and to execute and deliver such additional agreements, documents, affidavits, certifications, acknowledgments and instruments as any other Party may reasonably require to consummate, evidence, confirm or carry out the matters contemplated by this Agreement or 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 its Term. m. Business 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 succeeding day which is not a Saturday, Sunday or legal holiday. n. Consents 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 in its reasonable discretion, unless this Agreement expressly provides otherwise. o. Covenants Running With Land; Inurement The covenants, conditions, terms and provisions of this Agreement shall run with the Property and shall be binding upon, and shall inure to the benefit of the Parties and their respective permitted successors and assigns with respect to such Property. Wherever the term "Party" or the name of any particular Party is used in this Agreement such term shall include any such Party's permitted successors and assigns. p. Recordation Within ten (10) calendar days after this Agreement has been approved by City and executed by the Parties (together with the execution of the Landowners' Consents hereto), City shall cause this Agreement to be recorded in the Official Records of Pinal County, Arizona q. Amendment No change or addition is to be made to this Agreement except by written amendment executed by City and SMMHC. Within ten (10) calendar days after any amendment to this Agreement, such amendment shall be recorded in the Official 11 Records of Pinal County, Arizona Upon amendment of this Agreement as established herein, references to "Agreement" shall mean the Agreement as amended r 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 in considering any requested extension of time, the Parties agree that each will act in good faith and will not act unreasonably, arbitrarily or capriciously and will not unreasonably withhold, delay or condition ba any requested approval, acknowledgment or consent s Survival All indemnifications contained herein shall survive the execution and delivery of this Agreement, the closing of any transaction contemplated herein, and the rescission, cancellation, expiration or termination of this Agreement upon the terms and for the period of any applicable statute of limitations t Nonliability of City Officials, Etc , and of Employees of SMMHC. No City Council member, official, representative, agent, attorney or employee of City shall be personally liable to any of the other Parties hereto, or to any successor in interest to any of the other Parties, in the event of any Non-Performance by City or for any amount which may become due to any other Party or its successor, or with respect to any obligation of City under the terms of this Agreement Notwithstanding anything contained in this Agreement to the contrary, the liability of SMMHC under this Agreement shall be limited solely to the assets of SMMHC and shall not extend to or be enforceable against the individual assets of any of the individuals or entities who are board members or appointees of SMMHC u Proposition 207 Waiver SMMHC agrees, understands and acknowledges that City is entering into this Agreement in good faith and at the specific request of SMMHC, 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 SMMHC SMMHC, on behalf of it and its successors and assigns, intends to encumber the Property with the following agreements and waivers SMMHC agrees and consents to all the conditions imposed by this Agreement, and by signing this Agreement waives any and all claims, suits, damages, compensation and causes of action SMMHC 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 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. SMMHC acknowledges and agrees to the terms and conditions set forth in this Agreement, and acknowledges that such terms and conditions 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 and such "land use laws " v. Conflict of Interest Statute This Agreement is subject to, and may be terminated by City in accordance with, the provisions of A R.S § 38-511 12 0111111, IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first set forth above SMMHC, INC, an Arizona non-profit corporation , By: Robert R. Evans Its Chief Executive Officer By:Judd Williams Its Board Chairperson CITY OF APACHE JUNCTION, ARIZONA, an Arizona municipal corporation By John S Insalaco Its: Mayor ATTEST. By: Kathy Connelly, City Clerk 14 r STATE OF ARIZONA ) ) ss. County of ) The foregoing was acknowledged before me this day of , 2010, by Robert R Evans, CEO of SMMHC, Inc., an Arizona non-profit corporation, who acknowledged that he signed the foregoing instrument on behalf of SMMHC, Inc Notary Public My Commission Expires (seal) STATE OF ARIZONA ) ss. County of ) The foregoing was acknowledged before me this day of , 2010, by Judd Williams, Chairperson of the Board of SMMHC, Inc., an Arizona non-profit corporation, who acknowledged that he signed the foregoing instrument on behalf of SMMHC, Inc Notary Public ,..... My Commission Expires: (seal) 15 STATE OF ARIZONA ) ss County of The foregoing was acknowledged before me this day of 2010, by John S Insalaco, the Mayor of City of Apache Junction, Arizona, an Arizona municipal corporation, who acknowledged that he signed the foregoing instrument on behalf of City „d. Notary Public My Commission Expires (seal) COUNSEL APPROVAL AS TO FORM I have read this Agreement and have determined such Agreement is in proper form and is entered into within the powers of and authority granted under the laws of the State of Arizona. , SMMHC Attorney Date I have read this Agreement and have determined such Agreement is in proper form and is entered into within the powers of and authority granted under the laws of the State of Arizona Richard J. Stern, City Attorney Date 16 EXHIBIT A MAP AND LEGAL DESCRIPTION OF THE PROPERTY aSY"83a4 I .a 0 II if i Yt i G 3 if " _yI! yG xmor•uypp wr.r r - PLAZA DM •'''.rna Yp! rarr zr 4 wrorc,xv r AI xtfi �ryo�.fvl aCu'rf>, atom) �R St1 >,,7 PO aiii Ala Y li !Iii! it..34. T. 7 q I IN, !a1491 4 a fit B9 il,. Ag ft ICE 4.ty p Y ^ --Y all A ip e5 ^ Ali- erg ' 1� i. &Big v' nA!!o A�„oOAD a� \ "1P° _^ _ RECORD OF SURVEY wss+n.•rra p kill J-� COMBINATION OF PARCELS •ATWELL Y.—,-`� Al ft 4,� SUPERSTITION MOUNTAIN . .`—'- __. _._. ____ MENTAL HEALTH CENTER nm a mnnx nc ww K.w n".o.,neu.,n w.nw 1 00.44, •. OFFICIAL RECORDS OF PHIAL COUNTY RECORDER RECORDING REQUESTED BY SMMHC, Inc 4.4 LAURA DEAN-LYTLE DATE/TIME. 04/29/2010 1222 AND WHEN RECORDED MAIL TO FEE. $14 00 3 SMMHC, Inc. 879 North Plaza Dr FEE, NUMBER 2010-0 9 0 627 Building F 111111111 UII III IiIIVILII 111 Apache Junction, AZ 85219 QUIT CLAIM DEED Fo,the consi:e,aaon of TEN,AND NO/100 DOLLARS,and other vaivabie considerations,I or we, SMMHC, Inc , an Arizona non-profit corporation hereby Quit-Claim to SMMHC, Inc , an Arizona non-profit corporation all right,title,or interest in the following described real property situate in Pinal County, Arizona , SEE EXHIBIT A EXEMPTAR.S 11-113: l DATED 04/29/2010 i$0 Its Chief Executive Officer 'ob Evans for SMMHC, Inc STATE OF Herr Ammk County of /1ca-«ci3rc On C' /P','SS 9 0 i o ,before me,the undersigned Notary Public,personally appeared h<1)c t o ,personally known to me(or proved to me on the basis of satisfactory evidence)to be the person(s)whose name(s)is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies)and that his/her/their signature(s)on the instrument the person(s)or the entity upon behalf of which the person(s)acted,executed the instrument WITNESS my hand and official seal /N My Commission Expires v e $ a .4 .4.NEtark 1311011.1. /0 31 /O s7 LINDA M.TOM Notary Public-Arizona Maricopa County My Commission Expires October 31,2010 2 EXHIBIT A A PARCEL OF LAND LOCATED IN THE NORTHEAST QUARTER OF SECTION 20, TOWNSHIP 1 NORTH, RANGE 8 EAST OF THE GILA AND SALT RIVER MERIDIAN, PINAL COUNTY,ARIZONA,DESCRIBED AS FOLLOWS COMMENCING AT A COTTON PICKER SPINDLE MARKING THE NORTHEAST CORNER OF SAID SECTION 20,FROM WHICH A 1/2 INCH REBAR WITH CAP RLS#34554 MARKING THE NORTH QUARTER CORNER BEARS NORTH 89 DEGREES 51 MINUTES 27 SECONDS WEST,2640 53 FEET, THENCE NORTH 89 DEGREES 51 MINUTES 27 SECONDS WEST 988 62 FEET ALONG THE NORTH LINE OF SAID SECTION 20, THENCE DEPARTING SAID NORTH LINE, SOUTH 00 DEGREES 08 MINUTES 33 SECONDS WEST, 50 00 FEET TO THE SOUTH RIGHT-OF-WAY LINE OF SUPERSTITION BOULEVARD ACCORDING TO BOOK 11 OF MAPS PAGE 24, PINAL COUNTY RECORDS AND TO THE NORTHWEST CORNER OF THAT CERTAIN PARCEL OF LAND AS DESCRIBED IN DOCUMENT#2006-002243 PINAL COUNTY RECORDS AND TO A 5/8 INCH REBAR WITH CAP RLS#34554 AND TO THE POINT OF BEGINNING, THENCE SOUTH 00 DEGREES 00 MINUTES 02 SECONDS EAST, 313 25 FEET ALONG THE WEST LINE OF SAID PARCEL TO THE SOUTHWEST CORNER OF SAID PARCEL AND TO A 5/8 INCH REBAR WITH CAP RLS#34554, THENCE SOUTH 89 DEGREES 51 MINUTES 27 SECONDS EAST 313 45 FEET TO THE SOUTHEAST CORNER OF SAID PARCEL AND TO A CHISELED X ON TILE ON TOP OF A BLOCK WALL, SAID CORNER ALSO BEING A POINT ON THE WEST LINE OF THAT CERTAIN PARCEL OF LAND AS DESCRIBED IN DOCUMENT #1987-005506 FINAL COUNTY RECORDS THENCE SOUTH 00 DEGREES 00 MINUTES 48 SECONDS WEST, 365 71 FEET ALONG SAID WEST LINE TO A 1/2 INCH REBAR WITH CAP RLS#19344 THENCE SOUTH 89 DEGREES 59 MINUTES 48 SECONDS WEST, 624.89 FEET ALONG THE SOUTHERN-MOST NORTH LINE OF SAID PARCEL TO THE EAST RIGHT-OF WAY LINE OF PLAZA DRIVE ACCORDING TO BOOK 11 OF MAPS PAGE 24 PINAL COUNTY RECORDS AND TO A 1/2 INCH REBAR WITH CAP RLS#21773, THENCE NORTH 00 DEGREES 00 MINUTES 12 SECONDS WEST, 126 65 FEET ALONG SAID RIGHT OF-WAY LINE AND TO A 1/2 INCH REBAR WITH CAP RLS#21773, 3 THENCE NORTH 11 DEGREES 37 MINUTES 23 SECONDS EAST, 100 02 FEET ALONG SAID RIGHT OF-WAY LINE AND TO A 1/2 INCH REBAR WITH CAP RLS#21773, ok THENCE NORTH 00 DEGREES 00 MINUTES 12 SECONDS WEST, 43082 FEET ALONG SAID RIGHT-OF-WAY LINE AND TO A 1/2 INCH REBAR WITH CAP RLS#16202 AND TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHEAST WITH A RADIUS OF 25.00 FEET THENCE NORTHEASTERLY 39 33 FEET ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 90 DEGREES 08 MINUTES 45 SECONDS AND TO THE SOUTH RIGHT-OF-WAY LINE OF SAID SUPERSTITION BOULEVARD AND TO A 112 INCH REBAR WITH CAP RLS#16202, THENCE SOUTH 89 DEGREES 51 MINUTES 27 SECONDS EAST 266 34 FEET ALONG SAID RIGHT OF WAY LINE AND TO THE POINT OF BEGINNING /\ 4 EXHIBIT B SITE PLAN 1 r Superstition Blvd I '. r I ...,i..... 1 BUILDING C' Y% - x Itmnr I v J ' I as 1 rTl-rT1-rT 1 __1 Si�q I I 1 1 1 1-1 -- r1 1 1 1 1 I I __I r--' nrrunE P E -- Tom. L-- L —. --, io L__ y f a L_- __ -J '1 m L-- --- r^ -, . � +riafti BP 7 -_--- * E-- --� f1 j i i � 1 _ L-- __'1 / • Pf cs: � _' T-rrT-rrlTri-r-r-rTr1--rT1-r1 Al I�`� 1 I I 1 I I I I I I I I 1 I I I 1 I I I I 1 / ' `P 1 1 1 1 1 1 1 1 1 1 I I I I 1 I I I I 1 1 „li iiis:..r r � 11 I i i i i iL; ; i i i i �� -- ^ it 01:47.S Future Phase Park ng -, 1 1 1 1 11 1 1 1 1 1 1 1 j-, I 7 • L111111111111 I , , --1 1 r f, 0�t�w��1.1� L11 J_LL 11 J_L1J_L J. , ---1 1 1111114 1 t.,;oam gi, �•;.� 'sir ,ry •il.mas� s'r a = ii`IIIIIIIIII'.:':iwaitiger..�i!E ,,,�` , 1 1 T U ,, i . ., * igt, ❑ I/ ,�, OVERALL SITE PLAN T,, 1 ( 1 l L_ / *i Amine as Pam�1 P e a a ErrEP as 4O 4a.I'. ® ""'1"2®AA_ /// p =II 1 1 i - ���..���f•s.�:7. i , ,..-Z:f-:f.:f-Xf-2,V:.15::tfift:44:;:;•;%.?";N:iii:ei.v.A:i:AIZZ:Z:::1;f:;':::::-:::'..-:::•:-:-•-•---- � r7-I T"7-I-r7-1-r7-1-r7-I-r7-I-r7-I-T-' 11111111111111111111111 f�// L ___, `� ��!! ''' I l l l l l l l l l l l l l l l l l l l l l ...........,...7: .. ,... - - •ffff�ii'���ff1', rim „ , „ I I I 1 1 ___, I f �:ia• i i—i 1 i i i i i i „_.1 1 1 1 1 1 1 1 1 I ---1 ' multi mil _ tr,p Future Phase Parking ` /. .,�u f, ' -, 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1-Th I f1 - 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 — -'-I lg II ll ( I l 4 `` — , i��i�� .�lHP���, LL11_1_1_L11_1_L1J_L1_; 1 __J 1 fft s 04 •.•.. ..0•..••i.. ri„,,' ....,\..',„.1c1.:.-:i--:.7 e4,.1n',A'1s'11i"a1'r11..-_.0..,,......_.g_.p.-.,,.o,.i.'-.s.n-1,-, e.t_s, 5.', V • 1• IM=O..NiM,l C .,.. ...,_a.- d se._.-..N.,, , ,, ,, EiTiA1iWi1 F'' ❑ ' ,�1*� 1 PHASE ONE SITE PLAN EXHIBIT C PUBLIC INFRASTRUCTURE IMPROVEMENTS The Public Infrastructure Improvements shall include p • Half streets and such other related improvements, including but not limited to all road, curb, gutter, sidewalk, drainage, streetlight, water, sewer, underground utility apparatus, and other public utilities according to the approved Civil Improvement Plans for SMMHC located adjacent to Phase I and Phase II of the Project per the listed items in the Engineer's Preliminary Opinion of Probable Construction Costs (attached hereto). 1 Superstition Mountain Mental Health Center ObQ��1C�cAtF o4,5 Apache Junction,Arizona y` c' 45654 ENGINEER'S PRELIMINARY OPINION OF MCCUMBER BURTON J3. rt.. c PROBABLE CONSTRUCTION COSTS 94`I-21-/0;=' A T WI.Li. :. ... ... Apr.28,2010 oq/?ONA,U5P' SANITARY. LnPr/ZS r g//?AfZ DESCRIPTION OF ITEM QUANTITY UNIT UNIT PRICE TOTAL COST 8-in PVC(SDR-35)public sewer line 483 L.F ,$ 3fi•00 $ 17,388.00 5-ft diameter sewer manhole with 30-in diameter cover with SMCFD logo; MAG 420.422,423,&424 3 EA $ 1,500 0r1 $ 4 500.00 Remove Sewer Manhole, Backfill & Recompact 1 EA. $ 750 00 $ 750.00 Plug pipe MAG 427 w!marker 427 2 EA $ - -56,00 $ 100.00 Core drill into existing sewer manhole Contractor to verify inverts prior to trenching and installation 1 EA S. 1 500.06 $ 1,500.00 WATER DESCRIPTION OF ITEM QUANTITY UNIT UNIIPRICE TOTAL COST 2.0-in type'IC copper water service 28 L.F $ 18.00 $ 604.00 2.0-in type 'K' copper landscape water service 13 L F $ 18.00 $ 234.00 W 6" ductile iron pipe (DIP) pressure class W 350 waterline 13 L_F $ r 36.00 $ 468.00 U i nl 8-in X 6-in tapping sleeve & valve, per 5 V AWA STD DET E-9-3-1 2 EA. $ 4,500.00 $ 9,000.00 w Z _;' % 8-in X 8-in tapping sleeve & valve, per rn 2 AWA STD DET E-9-3-1 1 EA .$ 5,000:00' $ 5,000.00 Fire hydrant complete;AWC STD DET E- 'Z Lu j Z 9-7-1&E 9-6 1 2 EA $ 2,500 00. $ 5,000.00 2 C,[3 Connect to existing waterline per AWC a.Z y STD DET E-9 11-1 3 EA. ,$ , 400100. $ 1,20000 O J Q(Di I itiW la ?0. >- Q PAVEMENT. cp o¢ on 0 DESCRIPTION OF ITEM QUANTITY UNIT UNIT PRICE TOTAL COST Pavement; 5 0-in AC on 8.0-in ABC, per DET 6 sheet DT01 288 S Y $ . '30.00 $ 8,640.00 Sawcut existing pavement 326 L.F. $ ' 4,00. $ 1,304.00 Thickened edge of pavement per MAG 201,type'B' 154 L F $ . 3.50. $ 539.00 REMOVAL AND REPAIR. DESCRIPTION OF ITEM QUANTITY UNIT UNIT PIfICE TOTAL COST Remove existing pavement 516 S.Y $' .0,55 $ 283.80 Remove existing sewer line 114 L.F •$. 20 00 $ 2,280.00 CONSTRUCTION CONTINGENCY - 10% L.S $ 5,869.08 TOTAL COSTS $ 64,559.88 Based on bnprovvownl Plans for Supentihon Atwell Pnqv,t Nn u'ml1113t3 Page 1 Mountain Menial Health Center prepared Film ngo1R1353 ptl6ite coat atimate.xia by Atwell dated 2010414 IS www.atwell-group.00m 2 EXHIBIT D MONUMENT SIGN EASEMENT 1 P - -.•_:.-_ . ..-.. . — . - .. .. . • `v OPF.I .ST. 1.P •3V. ...... .. •-• - .. . . . . .No9,1 2r V n . _ _ .1 '. _ .: 331_53': ' ' ' : (BASIS OF BE . . .� _ ®• RAW.; .: : : : : ' • . •• . 25 I :.I lrarnccErrm1 1.4AX r_ __ ,25 X 25'72/2vIeku,�enteli (or _ _ _ i1 34 II BUILDING 'C' 'i \c :1 : 1 STORY I \-, x II 11 V r--- , RAW I 1. :- : . 1"u ,--1, ET�-f T-1-I- T� ' L, I r I I I I I I I fi ' 1 rI I I I I I I I I • . r - - --�� �---' FUTURE PHA: I r-- :: • I L__ ,..,� • 1 y I I __-- �_ 1 ` f Il r-- -i . - COPARtEC{VO 1 -— A' z 0 I--- -- 1 I __ !• ID I---` 1 , iia-• CO ,, I ----1 � >. I t -- __-i �_ i ----1 L_ __-4 , I --I / 6::: -: 1 J / r� 2 Inn Planning and Zoning Commission Recommended Conditions of Approval 1. The perimeter fence is to be designed in accordance with the submitted screen wall detail and to match the main building color. 2 The mechanical equipment screen walls shall be designed in accordance with the submitted screen wall detail and to be a darker complementary or contrasting color to the main building. 3 The final plans must be in substantial compliance with the preliminary plans except for minor modifications as may be needed to show the location, width, and capacity of the wash and how it crosses the south driveway,the alignment or offset of opposing driveways on Valley Drive, final design and location of retention basins, and perimeter walls 4 The final improvement and construction drawings shall reflect substantial compliance with the submitted elevation drawings to include a stucco exterior, contrasting stucco screen walls, a mission style concrete tile roof, window pop-outs, decorative and/or functional roof vents, and decorative stucco perimeter walls. 5 The civil engineering plans shall illustrate the exact location of the existing offsite drainage wash that runs across the southeast corner of the property. The capacity of the drainage wash shall be determined The Grading and Drainage plans and the Drainage Report shall demonstrate how the wash will be accommodated across the property(i e , open or improved channel; to be determined by the Development Services Engineer) and the drive aisle (i e , pipe culvert) along the south side of the property 6. A Driveway Analysis is required to determine any turning movement conflicts for the proposed main entrance drive to be located on North Valley Drive 7 Retention Basin calculations for the required and provided volume shall be presented in the Drainage Report, showing depth, side slopes, and capacity of each retention basin 8 The final plans shall be in compliance with all Engineering, Fire, Building, and Planning requirements. 9 The primary access and address of the subject site shall be off of Valley Drive. 10 All proper permits shall be applied for and all fees shall be paid at the time permits are issued 11 The applicant shall dedicate to the City for roadway and utility purposes the east 33 feet for Valley Drive and the north 33 feet for Greasewood Street and a 20 foot by 20 foot cut-off at the northeast corner of the subject site 12 All other applicable CR-5 and Planned Development zoning requirements shall apply 13 Any other proposed use, reuse, expansion of the property, or increase in intensity of the current development proposal shall require a planned development major amendment and possibly a major general plan amendment. i U - ` j' CityofApache Junction -4R,z01,,P Development Services Department PLANNING AND ZONING COMMISSION STAFF REPORT DATE: June 8, 2010 CASE NUMBER. PZ-2-10/Ordinance #1364 REQUEST: A rezoning request from GR (General Rural) to CR-5/PD (Multiple-Family Residence by Planned Development) to allow the development of a 43-unit, two-story senior residential facility. PROPERTY OWNERS: Community Christian Church REPRESENTATIVE: Stephanie Rowe, AIA LOCATION: The subject site is located on the southwest corner of North Valley Drive and West Greasewood Street (parcel number of 100-30-029A). GENERAL PLAN DESIGNATION: Medium Density Residential EXISTING AND SURROUNDING LAND USES: The subject site is currently vacant with a zoning designation of GR (General Rural). NORTH: TH (Trailer Homesite) SOUTH GR (General Rural) EAST. CR-5 (Multiple-Family Residence) WEST. GR (General Rural) BACKGROUND: This case is a rezoning request for a planned development in order to construct a multiple family residential facility for senior citizens. This request is by the Community Christian Church and they propose to establish a retirement living community by constructing an independent living apartment building. The project was reviewed through the City Preliminary Development Review (PDR) process in December 2009 In the PDR Meeting it was determined that the next step in the process was to apply for a rezoning to CR-5/PD because the current zoning of GR would not allow a multiple-family residential development. The subject site is designated in the General Plan as Medium Density Residential, which normally allows a maximum density of 6 dwelling units per acre. The site is approximately four acres. The proposal to construct a 43 unit residential facility on the four acres falls into the category of a Minor General Plan Amendment, as defined by the General Plan. The subject site does have a history of past projects that were proposed to be developed at this location. There were a total of three past project proposals including one rezoning request and two previous PDR cases. In 2007, there was a proposal for multi-unit residential townhome complex that was titled Treasure Park This project was presented at a PDR meeting in August of 2007, but was withdrawn in the following months after the meeting In February 2006, a 42-lot subdivision was proposed at a PDR meeting. A rezoning request was never filed. There was a rezoning case submitted for this parcel in 1997 It was submitted by Community Christian Church for a multi-unit senior housing facility that was similar to this proposal. The case was heard by Commission, but was withdrawn in 1999 during the process. PROPOSAL: The 43-unit senior apartment facility will consist of a two-story, L-shaped building, with an abundance of landscaping and open space As submitted, the building will consist of a stucco finish with a clay tile roof, as proposed in the conceptual building elevations (see attached). The applicant is now proposing a mission style concrete tile roof. The following table illustrates the requested zoning deviations including the increased height of the building and the reduction in the parking space count. CR-5 Zoning Current Zoning Requested Standards Requirements Deviations Parking 57 parking spaces 40 parking spaces Building Height 25 feet 26 5 feet PLANNING AND ZONING WORK SESSION. This case has been presented to Commission for two discussions, one on May 11, 2010 and the other on May 25, 2010 As a result of those discussions, several questions have been raised by the Commissioners Commissioner Bunten asked a question about turning movements and traffic volume on Valley Drive and whether a traffic signal would be needed This question was brought to Engineering's attention. After discussing this matter with Engineering Staff, their determination is that this is a low intensity, low traffic generating type of use and does not generate enough traffic to require a signal Also, as part of their construction plans submittal, the developer's engineer will be required to submit a driveway analysis for the alignment or off-set of the proposed main entrance drive on Valley Drive for optimum safe traffic movements. Another question asked by Commissioner Bunten was what was meant by the statement "driving will be limited" that was stated during the presentation. The question was referred to the applicant in order to obtain further information regarding the projected number of vehicles the future residents may have. Based on the information received from the applicant, there will be an estimated 18 vehicles on site that are owned by the residents, the visitation rate is approximately 10% on a typical day, and a van service will be provided for residents as well. This information is based on Community Christian Care's past experience with housing elderly residents. The Commission may wish to explore this further with the applicant at the public hearing. Chairwoman Evans asked a question about the reduction of parking spaces and whether forty spaces are sufficient for the development The required parking space count for a standard multi-family apartment complex of this size is fifty-seven spaces The applicant is asking for a deviation down to forty spaces because of the types of residents which they serve That question has also been referred to the applicant for further comment. Based on Community Christian Care's experience with similar local projects, the necessary parking rate is 0 5 spaces per unit The requested forty spaces for this proposal are at a rate of 0.9 spaces per unit. The residents are low income and many do not own vehicles. Since the first Work Session, staff has received protest petitions against this proposal (see attached) from nearby residents. Of the five petitions received thus far, four of those represent properties within 150 feet. The typical reasons against the rezoning cited by the petitions include increased traffic, decreased property values, potential increased crime, and the mountain views being blocked. The applicants have been advised about the petitioners concerns. Staff asked the applicant to submit a memo addressing the concerns of the Commissioners and the issues raised in the protest petitions Their response is attached Planning staff is generally supportive of the proposed rezoning for the following reasons. 1. The proposal appears to work well as an infill project between lower density residential uses to the north and higher intensity uses generally to the south 2. The project will provide neighborhood and community improvements in the form of improved streets, enhanced landscaping, street lights, and quality construction 3. The height proposed (26 5 feet) is actually lower than the maximum height allowed under the current GR zoning district (30 feet) 4. The existing GR zoning would allow residential buildings to be as close as 20 feet to a neighboring property line. The proposed rezoning will require the building to be a minimum of 50 feet from a neighboring property line 5. The existing GR zone allows uses of similar or more intensity outright, such as a school, hospital, government building, church, public or private utility, etc RECOMMENDATION: If the Commission is desirous of forwarding a recommendation of approval to the City Council, then staff recommends using the following motion with the recommended conditions as listed. I move that the Planning and Zoning Commission recommend to the Apache Junction City Council the (approval/denial) of Case # PZ-2-10, a request by Community Christian Church, represented by Stephanie Rowe, for a rezoning of their 4-acre property at the southwest corner of North Valley Drive and West Greasewood Street, from GR (General Rural) to CR-5/PD (Multiple-Family Residences by Planned Development) for the purpose of developing a 43-unit, two story, senior housing facility, subject to the following conditions of approval. 1. The perimeter fence is to be designed in accordance with the submitted screen wall detail and to match the main building color. 2. The mechanical equipment screen walls shall be designed in accordance with the submitted screen wall detail and to be a darker complementary or contrasting color to the main building. 3 The final plans must be in substantial compliance with the preliminary plans except for minor modifications as may be needed to show the location, width, and capacity of the wash and how it crosses the south driveway; the alignment or offset of opposing driveways on Valley Drive, final design and location of retention basins; and perimeter walls. 4 The final improvement and construction drawings shall reflect substantial compliance with the submitted elevation drawings to include a stucco exterior, contrasting stucco screen walls, a mission style concrete tile roof, window pop-outs, decorative and/or functional roof vents, and decorative stucco perimeter walls. 5. The civil engineering plans shall illustrate the exact location of the existing offsite drainage wash that runs across the southeast corner of the property. The capacity of the drainage wash shall be determined The Grading and Drainage plans and the Drainage Report shall demonstrate how the wash will be accommodated across the property (i e , open or improved channel; to be determined by the Development Services Engineer) and the drive aisle (i.e., pipe culvert) along the south side of the property. 6. A Driveway Analysis is required to determine any turning movement conflicts for the proposed main entrance drive to be located on North Valley Drive. 7 Retention Basin calculations for the required and provided volume shall be presented in the Drainage Report, showing depth, side slopes, and capacity of each retention basin 8 The final plans shall be in compliance with all Engineering, Fire, Building, and Planning requirements. 9. The primary access and address of the subject site shall be off of Valley Drive. 10. All proper permits shall be applied for and all fees shall be paid at the time permits are issued. 11 The applicant shall dedicate to the City for roadway and utility purposes the east 33 feet for Valley Drive and the north 33 feet for Greasewood Street and a 20 foot by 20 foot cut-off at the northeast corner of the subject site. 12 All other applicable CR-5 and Planned Development zoning requirements shall apply 13. Any other proposed use, reuse, expansion of the property, or increase in intensity of the current development proposal shall require a planned development major amendment and possibly a major general plan amendment. PUBLIC NOTICE: This proposal was advertised in the Arizona Republic 15 days prior to the Planning and Zoning Public Hearing on May 25, 2010. Because of inadequate posting of the site, on May 25th the Commission the Public Hearing to this special meeting on June 8, 2010. Prepared by Todd Kennedy, Assistant Planner Attachments: Draft Ordinance #1364 Memo from applicant addressing issues discussed Protest Petitions Rezoning Application Neighborhood Meeting Report with project narrative Aerial Photo Site Plan Landscape Plan Building Elevations Floor Plan Wall Detail Parcel Map PDR Notes PROTEST PETITION t. L A We hereby protest rezoning cos PZ- / --CC) where a zone change i proposed E 0 � Y from G-I to e12 gpp at V y o y ocatfan e• . a, ' a< o > B We certify that we are the real property owners of the lots included in the C ' proposed change or of those immediately adjacent in the rear or any side • ''� ° thereof extending 150 feet therefrom, or of those directlyopposite thereto - z-0 U p ar y extending 150 feet from the street frontage of the opposite lots. ;)2 >s CID 23 t f, C. We have read Zoning Ordinance Section 13 0108 which is printed on the reverse a " >," C side of this petition. yr c +•+ O r • E v ti t D. We understand that if we own the property as joint tenants, both husband and • .11 ` v wife must sign If we are contract buyers, both buyers and sellers must• 7 O .0 C C CU 1/1 0 U sign. If we are partners, all general partners must sign L •to .0 41 C. v)W C 3 L .0 „, E We are protesting this rezoning or the following reasons : E o � w 0 a C C L. o s C 1 . q -Q a-a.aC pri a-� - •V c _ JJ 0 T..: v A T .2 Gd �da�-CL_ c� �-Q rC O E U++ 2. LL 7 C -- E .- 0. ! ® / ' • ‘ t-C/t\--11J-9-1213-11‘g1).--4---Lt.f C • C.-a a m U e C 4. F u-�LA IA e t O pc x-a-0. N OI ^ ✓ 'a s.C� / .!/ L ,O`.- DO L aJ O C N G1 N // � � ,' �� O L) O C. 5. Y XJ��� r O. >1 N O. Y 2 u L .0 L .1 a �r. G1J c�VLi . _t1Z 4,piJL COUNTY ASSESSOR'S NAME (PRINTED) SIG. TURFn /� BOOK - MAP PAGE - PARCEL NO. 1 . P-1 o Ail Lc-u5 "P h,,f�-t (- c�c�C�►-t,d -IAl-)�� I 2 -3. - - • 4 - - STATE OF .2A4' I ZU rA ) This instrument was acknowledged before me this SS. 1 day of _ DAJ , 20 /0 , COUNTY OF ���`--4'� ) by Riock vnoMb /AC1413 �•,.,,, OFFICIAL SEAL I _:'I DEBORAH M PAPADANTONAKIS e NOTARY PUBLIC-State of Arizona ,Z' c ' ' MARICOPA COUNTYto. � My Gomm Expires March 20,2011 % NO RY PU L I C NY COMMISSION EXPIRES: . • STATE OF ) This instrument was acknowledged before me this ) SS. day -of , 20 :OUNTY OF ) by • NOTARY PUBLIC IY COMMISSION EXPIRES. - Continuation of Protest Petition for Case PZ-2-10 by Raymond Eachus Raymond Eachus-1326 W Greasewood St /4-)-erjt-4t o-z-tc)-- e C I a, 0 E 1 Increased population: I object to any development of a density higher than that found in the current neighborhood. Namely, the current city plan is low density, single family, were as,the proposed zoning change is for high volume, multiple family residences Such a change in zoning would negatively impact all existing residences in close proximity to the proposed structure E.2. Decreased property values Property values will decrease for single family dwellings. The submitted assumption provided by the re-zoning requestor,that injecting a "new structure improves the value of the neighborhood" does not take into account that the type of structure does and can determine the value, devaluation,and saleability of surrounding residences. Though I have no data to prove my belief, my research on the Internet of properties in close proximity to multi-family residence and assisted living facilities, did in fact show a decrease in saleability and low release values E 3 Senior housing, assisted/independent living: In the documents submitted by the re-zoning requestor, as read by me, it implies that there will be an increase in emergency medical vehicles from the activation of medical call buttons. This implies to me more of an assisted living facility vs independent housing. E.4. Future expansion in reviewing the requestors other senior housing properties, it shows that after the 5 year hold required by HUD,the facilities become licensed assistant living Though such a change will have to be approved through this counsel, such as a request with their properties were not disapproved E.5. Loss of neighborhood esthetics The inclusion of a two story multi-family residence would remove the charm, quietness,views, minimal traffic, and subdued lighting that this neighborhood currently enjoys E 6 Retail: this neighborhood does not provide for any significant retail business, such as clothing, food, medical services,entertainment, restaurants, and so on. With the lack of such businesses, it must be assumed that traffic to and from the facility by car,vans, and service vehicles will dramatically increase PROTEST PETITION y t, A We hereb rotest rezoning, ase, P - 0 -1 0 where a zone hang is pro osed E C from ( t o C -6 f0 at 519 e &ee./S5'(DG � -1 7.1 ,_ .-mix C v C m 0 ocation)� 6 5� Q C0 B. We certify that we are the real property owners of the lots included in the proposed change or of those immediately adjacent in the rear or any side thereof extending 150 feet therefrom, or of those directly opposite thereto � ,:; t- extending 150 feet from the street frontage of the opposite lots v 7 F^. C U O. s 3 r 5 C. We have read Zoning Ordinance Section 13 0108 which is printed on the reverse 0 >' C side of this petition r C .' O -r- oll a+ O • N . .- U .) E v E d D We understand that if we own the property as joint tenants, both husband and y `a La wife must sign If we are contract buyers, both buyers and sellers must CU1n 0 r E C sign. If we are partners, all general partners must sign. 1.0 t +-+ c L ; � E. We are protesting this rezoning for the following reasons n u O a E 2 C L L Q1 •O C 0I Cl C O C D -0 ::- . 0! 'a - 2. N C O x - a. +' 01+-' -- 3 C C C C, C. "7 - CJ ..- O_ a. co � 3 . O -C C C L C a. O E .1 Y o_ RI C 4. / a. ¢ ,>'13 V I 01 . L '.- N ^ CJ U. - . Cl O C N W N O U O d >9 N O. O.Y • L.) U .0 -I, O. <I E • COUNTY ASSESSOR'S . NAME (PRINTED) SIC TUR (r--- BOOK - MAP PAGE - PARCEL NO 1 9 /?,C e.S /is/0/1) ' i�v� - �� ' a z1crud7 Ai z6/ �wwOO ' -' ✓ - . 3 - • 4. - - . STATE OF - 6l3 0(\2 ) This instrument was ack owledged before me this ) SS day f � .l,lnf 20 �p COUNTY OF L�2 ` ) by >-3 LA -tn - REINA LASASSO 1�•, NOTARY PUBUC ARi ONA PNAL COUNTY . 'l eamM eion EXpflS __,0/ ' ,wxwy 2s.2011 FOTARY PUBLIC 1Y COMMISSION EXPIRES: vC`vA - ;Q-(3l` ;TATE IF ` ` 1" 6' ) This instrument was acknowledged before me this ) ss. �— LdayTs'�bn� zo�t� :OUNTY 0 ) by �t ,.,,, REINA LASASSO I**, NOTARY PUBLIC-ARIZONA kV !ANAL COUNTY (::: `,,r My Carrnlsabn Expires 1/A '',` sa.�1 /k4TARP PUBLIC Y COMMISSION EXPIRES: cc-1i''l,. 1,� /' 1 This is a low density smgle family quiet neighborhood and should stay that way We have five(5)horse properties on Greasewood between Ironwood&Valley These people paid more for their property and pay more taxes Are they to lose this pnvilege Almost every time they build multiples in an area with horse property people start complaining about the smell and flies,etc 2 Traffic,traffic,and more traffic!!! People don't quit dnvmg just because they are over 62. My husband is 74 and I'm 66 and we dnve in and out on Greasewood at least a dozen times a week,usually more than that People on Valley use Greasewood to go to and from work,as do the people on Gold Ave. People going to and from both the church on Valley and the church on Superstition use Greasewood In the winter when our VISITORS are here the traffic is much,much heavier. The people in the apartments would have to go after groceries,go to see their doctors,have friends and family coming to see them,and more They say that they have members of the church who want to take the seniors to get their necessities and take them to see their doctors since they don't live at the church that means they will have to drive here to pick them up and then dnve back to return them to their apartment that's twice as many traps down Greasewood Street as there would be if they drove their own cars the ones they're going to sell! THIS ALSO MEANS THAT ANY OF THE RESIDENTS LIVING ON THE SECOND FLOOR WOULD HAVE TO BE CARRIED DOWN THE STAIRS IF THEY HAVE AN EMERGENCY AND HAVE TO GO TO THE HOSPITAL 3 In Phoenix they have five(5)of these places all grouped together on two(2)city blocks They are close to shopping,and are right across the street from a baseball park. Their units m Mesa on 70th street are close to shopping and are across the street from a park They are not in low density areas. 4 The property(apartment building)may look good on paper,but the one on 70th St looks more like a jail from the street and the side than an apartment complex. I would never have allowed either of my parents to hve in a place like this Half of the units are on the second floor No balconies No elevator. That means these seniors over the age of 62 are gomg to have to carry their grocenes up stairs And carry their laundry down stairs to the laundry and then carry it back up stairs. Stairs may be good for young people but most of us seniors are having problems with arthritis! Stairs are NOT recommended by our doctors .dust the opposite THIS ALSO MEANS THAT ANY OF THE RESIDENTS LIVING ON THE SECOND FLOOR WOULD HAVE TO BE CARRIED DOWN THE STAIRS ON A STRETCHER IF THEY HAVE AN EMERGENCY AND HAVE TO GO TO THE HOSPITAL And although they show walkways and a patio it makes no mention of a cover over any of these. Are they expected to sit outside or take a walk outside without any type of shelter from the sun 5 They say they are allowed to have some one live with them to assist with care if they want. Does this mean they will have a professional care person who is qualified for this or can they just move any body they want in with them. .like any friend or relative over 18?Or is it 21? Which means there can be anywhere from FORTY-TWO to EIGHTY-FOUR people living in these proposed apartments. Where are they going to sleep??? On a couch in the living room? And I don't know very many young adults(under thirty years of age)who are going to be in bed by 9.00 PM or who are going to go without a car for any longer than they have to And very few seniors either WE ARE NOT AGAINST LOW INCOME SENIORS MY HUSBAND AND I ARE LOW INCOME SENIORS WHAT WE ARE AGAINST IS THIS PROPOSED TWO-STORY APARTMENT BUILDING THAT DOES NOT FIT THIS NEIGHBORHOOD 6 And many people currently living in the neighborhood would really like to know why they never have their plans drawn up for the TWO-STORY STRUCTURE to be located on the Southeast portion of the four(04 0)acre site It would be closer to the fire station and just across the street from the church so they wouldn't have to walk so far for attendance EVEN WHEN THEY PROPOSED THE COTTAGES WHICH ONLY HAD ONE TWO-STORY BUILDING THEY WANTED TO PUT THAT BUILDING ON THE WEST END NOT ON THE EAST END NEAR THE CHURCH WHY??? OIN) IF THEY WERE TO PROPOSE THE DEVELOPMENT OF SINGLE-STORY COTTAGES FOR SENIORS(SAY DUPLEXES OR TRIPLEXES)THAT FIT IN WITH OUR COMMUNITY I REALLY BELIEVE THE NEIGHBORHOOD WOULD WELCOME IT BUT NOT THIS EYESORE. PROTEST PETITION a - " o A We hereby protest rezoning case PZ- e7 - JD where a zone ange is prop sed • � v ) = Vay Y C from to a ocation 443(' y ©R N L 3 a! .n 7.= oo ' u B. We certify that we are the real property owners of the lots included in the . proposed change or of those immediately adjacent in the rear or any side thereof extending 150 feet therefrom, or of those directly opposite thereto extending 150 feet from the street frontage of the opposite lots . ▪ c U • m v ° d t C. We have read Zoning Ordinance Section 13.0108 which is printed on the revers T L U L +� o " >," = side of this petition. C + C aJ O r a. a.+ C " > •-- U as . E v E t D We understand that if we own the property as joint tenants, both husband and • L II.- cu wife must sign. If we are contract buyers, both buyers and sellers must o = • sign. If we are partners, all general partners must sign. W In C 3 CO L Eo t A E. We are protesting this rezoning for the following rea�ons. n i G h • o L - p 1 s .0 zP4- 0 �� f1:2_ i . N C E .� C.Y - . C C C d L ^'1 . aJ +- a lm a Cs u E > N 3 . O L •• C C .. C q . u . .r O E H • am c> o C 4. a)L _ al L _ 5 Ill 0 C .n al 0 n >, 2, U a a.+ g .lfz 1-4 U < r✓ O. <) E COUNTY ASSESSOR'S NAME (PRINTED) SIG T R BOOK - MAP PAGE - PARCEL NO. 1 . MEg /- /Od - -Og3go z . 3 - - 4 - STATE OF -Pf 2_o - ) This instrument was ack owledged before me this SS. ( of �r� , 20 ( , r J 4; 4,. .. ; RENEE SNEARRGR ; .. rip i( k, NoTARY PuBuc-.AR ZONA 'i }� ` ' '.'i MARICCPA COUNTY 1 \\o*, :A \9,2 My Comm Expires Juiv 25 2010 : ?10:)11\ 2 p F`` ,, " NOTARY PUBLIC Y COMMISSION EXPIRES. C � `�(7,i 0 TATE OF ) This instrument was acknowledged before me this • ) SS. day of , 20 , )UNTY OF ) by NOTARY PUBLIC COMMISSION EXPIRES . Page 2 Protest Petition E. Reasons for protesting rezoning: 1. The project is too large for the existing neighborhood Which if approved will change the dynamics of the area (Create the same use for the adjacent 6 acre surrounding the property) 2 The buildings are not pleasing to look at They resemble a Sanitarium or a Military Base Which will not bring up value of the neighborhood 3 The property value of the existing homes will go down. Horse property on Greasewood Street and Valley could be elunmated. 4 The peace and quiet we now enjoy will be effected 43 to 45 A/C unit running day and night year around The lighting at night will darken the sky 5 The traffic will increase by at lest 9O%of what it is now Parking will become a problem on Sundays due to the overflow from the Community Christian Church in the winter months Presently they now park on both sides of Valley during those months PROTEST PETITION • O L 3 g t ° A. We herbyy protest rezoning case PZ-. - where a zone ctange is proposed E a .I-1 .0 from t K to C P -5 /-42 D at 51,0 Coy v n�X- a v-ease.ui D c, ticak .• 0N (location) v Or -L • C B We certify that we are the real property owners of the lots included in the • c C. C > u proposed change or of those immediately ad acent in the rear or any side '" thereof extending150 feet therefrom, or or those directlyopposite thereto q• L 10 3 U d p v L ; extending 150 fet from the street frontage of the opposite lots 92sI- C '6 a r r y C. We have read Zoning Ordinance Section 13.0108 which is printed on the reverse o " >, C side of this petition. y r c .1-10 W a+ 0 Y 4+ ✓ c rC.-1 .+ E t E E D. We understand that if we own the property as joint tenants, both 'husband and wife must sign If we are contract buyers, both buyers and sellers must 7 c, L C 0., VI 0 U L. sign. If we are partners, all general partners must sign. 7 NItll L •-+ 0. /^+II w C a aL+ t e 7 L��G 7 n Y - o v E. We are protesting this rezoning for the following reasons. S E •2 C o CcUCC30. 0 Y — 17 C 0 1 . a Y C a ..1m +O ^ Z. N C O E ++ OI++ Y 7 C c C ai L. .- W -► 1 '° E > 3. u w CM U C to h o L .-, C C L ..- C U N 7 W L is L7 O E 4. v ¢CO u a C C 4 W •0,0 I' OI J 'C R'^ 60 L +• w O C a N 5'o u o a O_ � N C. ++ E .y-. L C O I++ 1l U Q +L <+ O- E COUNTY ASSESSOR'S NAME (PRINTED) . SIGNATURE BOOK - MAP PAGE - PARCEL NO 1 0k\ :c:r'.-• h -Of?)�P/ ��7 Q �- / /b`D - 3 0 - 0 So Ci 2. - - 3 - - 4 - STATE OF Af)- (2-041PC ) This instrument was acknowledged before me this SS. f - day of Sv/l!r , 20 /0 COUNTY OF — A)I -L ) by P/Tral et' _ 54 EE- OFFICIAL SEAL DEBORAH M PAPADANTONAKIS TA: • t ' NOTARY PUBLIC-State of Anzona c\, / �%`+� .� MARICOPA COUNTY / f� L `�"'.' My Comm.Expires March 20,zoi 1 (- NO ARY U B L I C i dY COMMISSION EXPIRES. iTATE OF ) This instrument was acknowledged before me this ) SS. day of , 20 , :OUNTY OF ) by . NOTARY PUBLIC Y COMMISSION EXPIRES. • REC'D JUN 1 e. 4010 J / { Q F s s- , • !.! N s 1 I �2v�v ;",, -s Imo.o , s c-e d 1'0 vN5 (A-a kte_ f9).ec-jc.hy QviKoy al to vvy P\r-q) 'er-ky ' f J `s iNa,s s 4- a.s P/4f aL.Ue___ VanYS fr L)J\- \r,CA- eek_S-n --trzS-q C-- a-V\_J- ai\MY\, ‘,0 V)/ A.' u ce\c- y gr6c\„-A \\; 0(\r-e� y Fun 1A/A,1 \f3-- i_vYA- ;Nri p s_si 1-16uve ol4e. cirk b lJ \ ri e. l L) V'n -e cal -l 0 n V .1, ( A l 1rAVE,1 a.v(-7( S O p ,e,V- ,+1 _ C vns-'e.a d a� 4ty DVoioe,v-+)/ .11. C 1'0-:vy-;c_ Oy 1. q--6) - .30 --9 3� l ,... PROTEST PETITION " .- o v A We here y_.,protest rezoning case PC- 2-' 10 where a one change i ropose p from (� K t o �-1PD at Sw Corns-r bt Cz �e.t, ,r L• ^) . C • v O Y ( location) 100-3o_62_ F\ L x 6! • C ° B We certify that we are the real property owners of the lots included in the proposed chance or of those immediately ad acent in the rear or any side LI thereof extencin 150 feet therefrom, or of those directly opposite thereto tJ extending 150 feet from the street frontage of the opposite lots v 3 u c_ 0 - C u " m v 0 v .0 C We have read Zoning Ordinance Section 13 0108 which is printed on the rever a � C side of this petition . 9 C as O y ,_, O .� J. u " E " ✓ , 5 v L., v D. We understand that if we own the property as joint tenants, both husband anc LJ L. o L .. C0 wife must sign If we are contract buyers, both buyers and sellers must 11 V1 C1 U L. - sign If we are partners, all general partners must sign ,1, .0 ..' C. ✓ w C 2 V L. -- g y A 0 v E. We are protesting this rezoning for the following \1reasons . /�� O C y• c'C ... 0 1 W Wu !4 � L 4 V �!l? Y S • V W 8Q c-IL_ aJ .- QI •O L ., C O E '-' C•'-' 'PO 1},Q ( y '/�` C{� (�I(�1,�,p�� c 4 C ^ E ' a 3 . \`.�ln. (1 ,� k`,1.Y'11..2/�41h� CX C -. .. C ' Lin .e � a t CV CC EC t C ro u, O E C +' 4 . l.J� Ci c Y' ttlA .k. i t �/`t `^ J 1 ,4Tbikir-ii am u a C ✓ ¢ N vn ✓ -,n L v L �L O C _ C 6! 5. z >, a C. C. � u E. .-' d - E COUNTY ASSESSOR'S NAME (PRINTED) SIGNATURE BOOK - MAP PAGE - PARCEL NO. . -- a ..M.. 1_. \r\cX �, w e, Liz" 160 - 30 -630D 1 ATE OF 4r- ?-once ) This instrument was acknowledged before me this ) SS. / 7__ day of Ma f , 20 lb , UNTY OF /1l1G•sr'i c°Pc- ) by Tq,+)rn7 Le cl,.,.er ; ,:,, arac xa.8.s�roEi. a `!►. ►OTARYA C-AROMA 0 r ,.js a� 164% ' 't ` .,Zhitk`�" c�3 �,T My cG,. ) '�`"�'� �0_"_,r_ NOTARY PUBLIC COMMISSION EXPIRES : FE OF ) This instrument was acknowledged before me this ) SS day of 20 ITY OF ) by • NOTARY PUBLIC 1MMISSION EXPIRES . 41,gACH jo 0 � � • '► Cz of w ac pJunction p Home of the Superstition Mountains 4#12ON* al Print TO: City Manager's Office FROM: Todd Kennedy, Assistant Planner DATE: June 14, 2010 Agenda Type : Work Session Agenda Council Priority Focus Area: Community Development TITLE OF AGENDA ITEM: DISCUSSION ON PROPOSED ORDINANCE NO 1364, AMENDING THE ZONING DISTRICT MAP IN RESPONSE TO A REQUEST TO REZONE FOUR ACRES FROM GR TO CR-5/PD FOR CONSTRUCTION OF A 43-UNIT SENIOR HOUSING FACILITY. ACTION REQUESTED: Presentation and Discussion DISCUSSION/BACKGROUND INFORMATION: Proposed Ordinance No. 1364 will rezone a property located at the southwest corner of Valley Drive and Greasewood Street from GR (General Rural)to CR-5/PD (Multiple-Family Residence by Planned Development) in order to allow construction of a two story,43-unit senior-housing facility FISCAL IMPACT: Budgetary Approval Not Required OPTIONS/ALTERNATIVES: Zoning Ordinance Requirement RECOMMENDATION: ATTACHMENTS: Click to download D Cover Memo PZ Staff Report D Draft Ordinance D memo from applicant 0 Aerial Photo 0 Landscape Plan D Site Plan with Elevations and Floor Plans D Wall Detail D Parcel Map .p�ckFJ 2 tic N U -O ---11 CityofApache Junction 4..::ow, Development Services Department MEMORANDUM DATE: June 14, 2010 TO: The Honorable Mayor and City Council THROUGH: George Hoffman, City Manage- THROUGH: Brad Steinke, Development Services Director Fred Baker, Planning Manager Rudy Esquivias, Senior Planner FROM: Todd Kennedy, Assistant Planner SUBJECT: Work Session Discussion Item. A rezoning request by Community Christian Church represented by Stephanie Rowe. Case Description: This case is a rezoning request by Community Christian Church, represented by Stephanie Rowe of Reece,Angel, and Rowe Architects. The proposed rezoning is to rezone a four-acre parcel of land from GR (General Rural)to CR-5/PD (Multiple- Family Residence by Planned Development). The subject site is located on the southwest corner of Valley Drive and Greasewood Street and has a parcel number of 100-30-029A. The proposed rezoning would allow the development of a 43-unit Senior Housing Facility. This case was heard by the Planning and Zoning(PZ)Commission both on May 11, 2010 and May 25, 2010. The case has been continued to the June 8, 2010 PZ Work Session as a special hearing item. The reason for this continuance is because the required public hearing sign was not posted on required date as required by code and by State Statute. At this time, a PZ Commission recommendation has not been provided due to the continuance. However, by the date of the Council Work Session,staff will have a PZ Commission recommendation to present to Council. Attachments: PZ Commission Staff Report from the May 25th Meeting with all attachments P9ACH�J ~� O " � Z City of Apache Junction "4RIZC�P Development Services Department PLANNING AND ZONING COMMISSION STAFF REPORT DATE: May 25, 2010 CASE NUMBER: PZ-2-10/Ordinance #1364 REQUEST: A rezoning request from GR (General Rural)to CR-5/PD (Multiple-Family Residence by Planned Development)to allow the development of a 43-unit, two-story senior residential facility. PROPERTY OWNERS: Community Christian Church REPRESENTATIVE: Stephanie Rowe, AIA LOCATION: The subject site is located on the southwest corner of North Valley Drive and West Greasewood Street (parcel number of 100-30-029A). GENERAL PLAN DESIGNATION: Medium Density Residential EXISTING AND SURROUNDING LAND USES: The subject site is currently vacant with a zoning designation of GR (General Rural). NORTH: TH (Trailer Homesite) SOUTH: GR (General Rural) EAST: CR-5 (Multiple-Family Residence) WEST: GR (General Rural) BACKGROUND: This case is a rezoning request for a planned development in order to construct a multiple family residential facility for senior citizens. This request is by the Community Christian Church and they propose to establish a retirement living community by constructing an independent living apartment building. The project was reviewed through the City Preliminary Development Review(PDR) process in December 2009. In the PDR Meeting it was determined that the next step in the process was to apply for a rezoning to CR-5/PD because the current zoning of GR would not allow a multiple-family residential development. The subject site is designated in the General Plan as Medium Density Residential, which normally allows a maximum density of 6 dwelling units per acre. The site is approximately four acres. The proposal to construct a 43 unit residential facility on the four acres falls into the category of a Minor General Plan Amendment, as defined by the General Plan. The subject site does have a history of past projects that were proposed to be developed at this location. There were a total of three past project proposals including one rezoning request and two previous PDR cases. In 2007, there was a proposal for multi-unit residential townhome complex that was titled Treasure Park. This project was presented at a PDR meeting in August of 2007, but was withdrawn in the following months after the meeting. In February 2006, a 42-lot subdivision was proposed at a PDR meeting. A rezoning request was never filed. There was a rezoning case submitted for this parcel in 1997. It was submitted by Community Christian Church for a multi-unit senior housing facility that was similar to this proposal. The case was heard by Commission, but was withdrawn in 1999 during the process. PROPOSAL The 43-unit senior apartment facility will consist of a two-story, L-shaped building, with an abundance of landscaping and open space. As submitted, the building will consist of a stucco finish with a clay tile roof, as proposed in the conceptual building elevations(see attached). The applicant is now proposing a mission style concrete tile roof. The following table illustrates the requested zoning deviations including the increased height of the building and the reduction in the parking space count. CR-5 Zoning Current Zoning Requested Standards Requirements Deviations Parking 57 parking spaces 40 parking spaces Building Height 25 feet 26.5 feet PLANNING AND ZONING WORK SESSION: This case was presented to Commission at their Work Session on May 11, 2010. At the Work Session several questions were asked by the Commissioners. Commissioner Bunten asked a question about turning movements and traffic volume on Valley Drive and whether a traffic signal would be needed. This question .•. was brought to Engineering's attention After discussing this matter with Engineering Staff, it appears that this proposal will not generate enough traffic to require a signal. Also, the applicant will need to hire a civil engineer, whom will determine the projected traffic volume and report the findings to City Engineering Staff during the building review process. Another question asked by Commissioner Bunten was what was meant by the statement "driving will be limited" that was stated during the presentation. There will be a very low traffic volume generated because not every resident will have a vehicle and traffic coming in and out of the complex will be minimal. The question was referred to the applicant in order to obtain further information regarding the projected number of vehicles the future residents may have. Based on the information received from the applicant, there will be an estimated 18 vehicles on site that are owned by the residents, the visitation rate is approximately 10% on a typical day, and a van service will be provided for residents as well This information is based on Community Christian Care's past experience with housing elderly residents Chairwoman Evans asked a question about the reduction of parking spaces and whether forty spaces are sufficient for the development. The required parking space count for this development by code is fifty-seven spaces and the applicant is asking for a deviation of forty spaces. That question was referred to the applicant. Based on Community Christian Care's experience with similar local projects,the necessary parking rate is 0.5 spaces per unit. The requested forty spaces for this proposal are at a rate of 0.9 spaces per unit. The residents are low income and many do not own vehicles. Since the Work Session, staff has received a protest petition of this proposal from a nearby resident who resides along Greasewood Street. However, this resident is located at 1467 West Greasewood Street, which is beyond the required 150 feet from the subject site where the rezoning is being proposed The reasons for this petition include increased traffic, decreased property values,potential increased crime, and the mountain views being blocked. This petition was referred to the applicant. The findings that address these issues are as follows. Protest Petition Issues: 1. Traffic - see discussion above,very low traffic levels 2. Decreased Property Values - there is no data to prove or disprove this claim. Typically a new building improves the value of a neighborhood. Christian Care's existing facilities are clean, well cared for and safe. 3. Potential increased crime - Christian Care's existing facilities and experience indicate that they are a benefit to neighborhood watch functions because the residents are around both day and night and many of them wear medical call buttons which connect them directly to monitored dispatch which assists in reporting any witnessed crime. The residents are low-income so they do not create an attractive target for burglary. At 62 years of age and older with mobility assist issues the residents are certainly not potential perpetrators. 4. Blocked mountain view from neighboring property - I have attached sketches drawn to scale of the altitude and distance away of the mountains, our building and a sight line from a person standing at the center of the lot number on the protest. The proposed building height is 26'-6", which is 3'-6" lower than a building allowed under the current GR zoning, which is 30 feet. Staff asked the applicant to submit a memo addressing the concerns of Commission and the issues raised in the protest petition (see attached). The previous list is depicted from that memo. RECOMMENDATION: It was discovered that the required onsite sign posting for the public hearing was not done at the required date as required by Code. The applicant was informed and as a result, the case is recommended to be continued to the Commission Meeting of June 8, 2010 as a special public hearing along with the regular Commission Work Session. Staff is recommending continuance of this case to June 8, 2010 and is recommending the following conditions of approval. 1. The perimeter fence is to be designed in accordance with the submitted screen wall detail and to match the main building color 2. The mechanical equipment screen walls shall be designed in accordance with the submitted screen wall detail and to be a darker complementary or contrasting color to the main building. 3. The final plans must be in substantial compliance with the preliminary plans except for minor modifications as may be needed to show the location, width, and capacity of the wash and how it crosses the south driveway; the alignment or offset of opposing driveways on Valley Drive; final design and location of retention basins, and perimeter walls. 4. The final improvement and construction drawings shall reflect substantial compliance with the submitted elevation drawings to include a stucco exterior, contrasting stucco screen walls, a mission style concrete tile roof, Aill M. window pop-outs, decorative and/or functional roof vents, and decorative stucco perimeter walls 5. The civil engineering plans shall illustrate the exact location of the existing offsite drainage wash that runs across the southeast corner of the property The capacity of the drainage wash shall be determined The Grading and Drainage plans and the Drainage Report shall demonstrate how the wash ,...` will be accommodated across the property (i.e.,open or improved channel, to be determined by the Development Services Engineer) and the drive aisle (i.e., pipe culvert)along the south side of the property. 6. The proposed driveway on Valley Drive shall be aligned with the existing driveway on the opposite side of the road. A Driveway Analysis is required to determine the turning movement conflict for driveways that are not aligned nor have an offset distance of less than 100'from centerline to centerline. 7. Retention Basin calculations for the required and provided volume shall be presented in the Drainage Report, showing depth, side slopes, and capacity of each retention basin. 8. The final plans shall be in compliance with all Engineering, Fire, Building, and Planning requirements. 9. The primary access and address of the subject site shall be off of Valley Drive. 10. All proper permits shall be applied for and all fees shall be paid at the time permits are issued. 11. The applicant shall dedicate to the City for roadway and utility purposes the west 33 feet for Valley Drive and the south 33 feet for Greasewood Street. 12. All other applicable CR-5 and Planned Development zoning requirements shall apply. PUBLIC NOTICE: This proposal was advertised in the Arizona Republic 15 days prior to the Planning and Zoning Public Hearing on May 25, 2010; and all property owners within 300 feet have been notified of the public hearing by regular mail. Prepared by: Todd Kennedy, Assistant Planner Attachments: Draft Ordinance #1364 Memo from applicant addressing issues discussed Aerial Photo Site Plan Landscape Plan Building Elevations Floor Plan Wall Detail Parcel Map Protest Petition Rezoning Application Neighborhood Meeting Report with Project Narrative PDR Minutes /, -DRAFT- ORDINANCE NO 1364 AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AMENDING THE APACHE JUNCTION, ARIZONA, ZONING ORDINANCE, BY AMENDING THE ZONING DISTRICT MAP, CITY OF APACHE JUNCTION, ARIZONA, ^ CHANGING THE ZONING DISTRICT CLASSIFICATION IN REZONING CASE PZ-2-10, A REQUEST BY COMMUNITY CHRISTIAN CARE REPRESENTED BY STEPANIE ROWE, FROM GENERAL RURAL (GR) TO MULTI-FAMILY RESIDENCE ZONE/TOWNHOMES BY PLANNED DEVELOPMENT (CR-5/PD) ; REPEALING ANY CONFLICTING PROVISIONS, AND PROVIDING FOR SEVERABILITY WHEREAS, the Mayor and City Council hereby determine that the proposed rezoning conforms to all of the general criteria as specified in Section 19.0109 of the Zoning Ordinance, including compliance with the General Plan, 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. NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AS FOLLOWS• SECTION I IN GENERAL The zoning district classification on the Zoning District Map, City of Apache Junction, Arizona, for the parcel of land legally described as' North half of the Southeast quarter of the Southwest quarter of the Southwest quarter of Section 17, Except the West 132 feet thereof 4 . 00 AC; Township 1 North, Range 8 East, of the Gila and Salt River Base and Meridian, Pinal County, Arizona ORDINANCE NO 1364 II PAGE 1 Of 4 /N romN Except the West 132 feet thereof 4 00 AC; and excepting there from all coal, oil, gas and other mineral deposits as reserved in the patent recorded in Docket 212, page 493 be and hereby is amended from GR to CR-5/PD subject to the following conditions of approval: 1) The perimeter fence shall be designed in accordance with the submitted screen wall detail and to match the main building color 2) The mechanical equipment screen walls shall be designed in accordance with the submitted screen wall detail and to be a darker complementary or contrasting color to the main building. 3) The final plans must be in substantial compliance with the preliminary plans except for minor modifications as may be needed to show the location, width, and capacity of the wash and how it crosses the south driveway; the alignment or offset of opposing driveways on Valley Drive; final design and location of retention basins; and perimeter walls . 4) The final improvement and construction drawings shall reflect substantial compliance with the submitted elevation drawings to include a stucco exterior, contrasting stucco screen walls, a mission style concrete tile roof, window pop-outs, decorative and/or emN functional roof vents, and decorative stucco perimeter walls . 5) The civil engineering plans shall illustrate the exact location of the existing offsite drainage wash that runs across the southeast corner of the property. The capacity of the drainage wash shall be determined The Grading and Drainage plans and the Drainage Report shall demonstrate how the wash will be accommodated across the property (i e , open or improved channel, ORDINANCE NO 1364 PAGE 2 Of 4 ON ON to be determined by the Development Services Engineer) and the drive aisle (i.e. , pipe culvert) along the south side of the property 6) The proposed driveway on Valley Drive shall be aligned with the existing driveway on the opposite side of the OIN road. A Driveway Analysis is required to determine the turning movement conflict for driveways that are not aligned nor have an offset distance of less than 100' from centerline to centerline. 7) Retention Basin calculations for the required and provided volume shall be presented in the Drainage Report, showing depth, side slopes, and capacity of each retention basin 8) The final plans shall be in compliance with all Engineering, Fire, Building, and Planning requirements 9) The primary access and address of the subject site shall be off of Valley Drive 10) All proper permits shall be applied for and all fees shall be paid at the time permits are issued 11) The applicant shall dedicate to the City for roadway and utility purposes the west 33 feet for Valley Drive and the south 33 feet for Greasewood Street XON 12) All other applicable CR-5 and Planned Development zoning requirements shall apply SECTION II REPEALING ANY CONFLICTING PROVISIONS: All ordinances and parts of ordinances in conflict with the provisions of this ordinance are hereby repealed ORDINANCE NO. 1364 PAGE 3 Of 4 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 unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions thereof. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS DAY OF , 2010 SIGNED AND ATTESTED TO THIS DAY OF , 2010 JOHN S. INSALACO Mayor ATTEST . KATHLEEN CONNELLY City Clerk eN APPROVED AS TO FORM: RICHARD JOEL STERN City Attorney ORDINANCE NO 1364 PAGE 4 Of 4 OIN REECEANGELLROWE I / ` PHOENIX FLAGSTAFF 4343 E AVALON DRIVE 1254 W UNIVERSITY AVE,#100 PHOENIX,ARIZONA 85018 FLAGSTAFF,ARIZONA 86001 H. PHONE 602 957-4343 PHONE 928-779-4340 ARCHITEC r s FAX 602 957-7546 FAX 928-779-5087 MAY 18, 2010 TODD KENNEDY ASSISTANT PLANNER CITY OF APACHE JUNCTION 300 E SUPERSTITION BLVD APACHE JUNCTION,AZ 85219 RE REZONING CASE PZ-2-10 CHANGE FROM GR TO CR-5/PD AT SW CORNER OF GREASEWOOD AND VALLEY 100-30-029A MR KENNEDY, THERE WERE SEVERAL QUESTIONS RAISED IN THE WORK STUDY SESSION AND IN A PROTEST PETITION FILED BY A NEIGHBOR As THE APPLICANT FOR THE REZONING REQUEST I WILL ADDRESS EACH OF THOSE ISSUES BELOW WORK STUDY QUESTIONS CHRISTIAN CARE—THE NON-PROFIT GROUP THAT WILL OWN AND OPERATE THE FACILITY—HAS OVER 40 YEARS OF EXPERIENCE AND SEVERAL EXISTING CAMPUSES INCLUDING PHOENIX,COTTONWOOD,TUCSON,BROWN IN MESA AND MAIN IN MESA THEIR LONG EXPERIENCE AND MANY PROJECTS ARE THE BASIS FOR OUR COLLECTED INFORMATION. OUR PROJECT HAS FEDERAL ASSISTANCE AND HAS BOTH AGE(62 MINIMUM)AND INCOME LIMITS THE APARTMENTS ARE INDEPENDENT LIVING A TRAFFIC— RESIDENTS—THERE ARE 43 APARTMENTS,BASED ON CHRISTIAN CARE'S EXPERIENCE WITH LOW-INCOME ELDERLY APARTMENTS APPROXIMATELY 40%OF RESIDENTS MAY HAVE A VEHICLE WHEN THEY MOVE IN AND GENERALLY SELL THE VEHICLES AS TIME PASSES PROBABLY 18 VEHICLES VISITORS—BASED ON CHRISTIAN CARE'S EXPERIENCE VISITING RATE IS APPROXIMATELY 10%ON A TYPICAL DAY WITH THE TIMES SCATTERED THROUGHOUT THE DAY AND NOT LATER THAN 9 PM SO 4 TO 5 VEHICLES PER DAY STAFF—THERE WILL BE ONE STAFF MEMBER FROM 9 AM TO 5 PM AND IF NEEDED ONE NIGHT SECURITY VAN—ONE OF THE SERVICES PROVIDED CAN BE A VAN FOR TRANSPORT TO THE GROCERY STORE AND SIMILAR LOCATIONS—ON THE OTHER CHRISTIAN CARE CAMPUSES THIS RUNS AT MOST ONCE A DAY THIS IS A VERY LOW AMOUNT OF TRAFFIC AND IT IS NOT FOCUSED AT ANY SINGLE TIME PZ-2-1 0 APPLICANT RESPONSE TO QUESTIONS PAGE 2 B REQUEST FOR REDUCED PARKING- THIS IS DIRECTLY RELATED TO THE AMOUNT OF TRAFFIC-BASED ON CHRISTIAN CARE'S EXPERIENCE PARKING IS TYPICALLY NEEDED AT A RATE OF 5 SPACES PER UNIT WITH A MAXIMUM OF 9 SPACES PER UNIT THESE NUMBERS ARE FROM MANY YEARS OF EXPERIENCE I HAVE ATTACHED VIEWS OF SEVERAL OF THE CAMPUSES TO DEMONSTRATE TYPICAL PARKING CONDITIONS. WE HAVE PROPOSED 40 SPACES WHICH IS 9 SPACES PER UNIT WE ARE CONFIDENT THAT THIS WILL BE SUFFICIENT PARKING, IF THIS SITE PROVES TO BE DIFFERENT THAN THE i... OTHER CAMPUSES WE HAVE PLENTY OF SPACE TO ADD ADDITIONAL PARKING TO ACCOMMODATE AN INCREASED NEED WE ARE CERTAINLY WILLING TO ADD THAT PARKING SHOULD IT BE NECESSARY IT IS HOWEVER BENEFICIAL FOR US,THE RESIDENTS,THE NEIGHBORS AND THE ENVIRONMENT TO PAVE ONLY THE SPACES WE EXPECT TO NEED AND KEEP THE REST OF THE SITE FOR LANDSCAPE AND NATURAL AREA C ACCESSIBILITY- SINCE THE PROJECT IS INTENDED FOR ELDERLY HOUSING OUR DESIGN EXCEEDS THE MINIMUM REQUIREMENTS OF THE FEDERAL AND LOCAL ACCESSIBILITY CODES WE ARE REQUIRED TO COMPLY WITH ADA FOR SITE AND COMMON SPACES,AND WITH ICC/ANSI A117 1 AS WELL AS UFAS FOR APARTMENT UNIT ACCESSIBILITY ALL THE ENTRY/EXIT DOORS,SIDEWALKS AND COMMON AREAS WILL BE ACCESSIBLE ALL THE UNITS WILL MEET THE APPROPRIATE OF THE TWO LEVELS OF ACCESSIBILITY-SOME OF THE UNITS ARE FULLY WHEEL CHAIR ACCESSIBLE,AND ALL OF THE UNITS ARE ACCESSIBLE FOR LIMITED MOBILITY AND REACH FOR RESIDENTS WITH WALKERS AND OTHER ASSIST DEVICES D SITE SCREEN WALLS- WE HAVE HAD SEVERAL DISCUSSIONS WITH THE CITY PLANNING STAFF REGARDING WALLS FOR THE PROJECT WE WILL COMPLY WITH ANY CITY REQUIREMENTS THAT APPLY WE HAVE 3'HIGH SCREENWALLS AROUND THE MECHANICAL UNITS TO SCREEN THEM FROM VIEW FROM THE STREETS OR PARKING AREA THESE WALLS WILL BE MASONRY PAINTED AN ACCENT COLOR TO COMPLIMENT THE BUILDING AND WILL HAVE SLUMP BLOCK CAPS THERE WILL ALSO BE SECURITY WALLS ALONG THE WEST AND SOUTH PROPERTY LINES WHICH WILL BE THE MAIN BUILDING COLOR(OFF-WHITE)AND WILL ALSO HAVE THE DECORATIVE SLUMP BLOCK CAP THE HEIGHT OF THESE WALLS WILL BE COORDINATED WITH THE FINAL GRADING OF THE SITE TO NOT EXCEED 6'ON THE ADJACENT NEIGHBOR SIDE OF THE WALL ce:. PROTEST PETITION ISSUES 1. TRAFFIC- SEE DISCUSSION ABOVE,VERY LOW TRAFFIC LEVELS 2 DECREASED PROPERTY VALUES-THERE IS NO DATA TO PROVE OR DISPROVE THIS ISSUE-TYPICALLY A NEW BUILDING IMPROVES THE VALUE OF A NEIGHBORHOOD CHRISTIAN CARE'S EXISTING FACILITIES ARE CLEAN,WELL CARED FOR AND SAFE 3 POTENTIAL INCREASED CRIME-AGAIN A DIFFICULT TO PROVE OR DISPROVE ISSUE-CHRISTIAN CARE'S EXISTING FACILITIES AND EXPERIENCE INDICATE THAT THEY ARE A BENEFIT TO NEIGHBORHOOD WATCH FUNCTIONS BECAUSE THE RESIDENTS ARE AROUND BOTH DAY AND NIGHT AND MANY OF THEM WEAR MEDICAL CALL BUTTONS WHICH CONNECT THEM DIRECTLY TO MONITORED DISPATCH WHICH ASSISTS IN REPORTING ANY WITNESSED CRIME THE RESIDENTS ARE LOW-INCOME SO THEY DO NOT CREATE AN ATTRACTIVE TARGET FOR BURGLARY AT 62 YEARS OF AGE AND OLDER WITH MOBILITY ASSIST ISSUES THE RESIDENTS ARE CERTAINLY NOT POTENTIAL PERPETRATORS PZ-2-1 0 APPLICANT RESPONSE TO QUESTIONS PAGE 3 4 BLOCKED MOUNTAIN VIEW FROM NEIGHBORING PROPERTY-I HAVE ATTACHED SKETCHES DRAWN TO SCALE OF THE ALTITUDE AND DISTANCE AWAY OF THE MOUNTAINS,OUR BUILDING AND A SIGHT LINE FROM A PERSON STANDING AT THE CENTER OF THE LOT NUMBER ON THE PROTEST OUR PROPOSED REZONING AND BUILDING ARE ACTUALLY 3'-6" LOWER THAN A BUILDING ALLOWED UNDER THE CURRENT ZONING COULD BE issik PLEASE CONTACT IF THEE A' ANY FURTHER QUESTIONS OR INFORMATION THAT I CAN PROVIDE • SINCERELY, r„ U 1 wwie STEPHANIE ROWE,AIA, LEED AP ATTACHMENTS p CoLinty Parcels f r e k* ,� a { - i s • '� L ...., ,_....,...,,,,Ti-r..; *4'5. . 1:4 j..4,,.•*k - ‘`f' 4 .4-4 4 44,,,../50,--iits4aggiiiw.-. 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Y'lY` :.RYYWII ......; SL - .fir CI ��~: iF.I�P� ��`:tot- -gol i+lii� Q1r� lli'•• iir,7 _ �. ,� osagaPnb"'"Aor�DE x.Po e.00 s.ao 0 .. ,1 0 U'y 'a A®� (� ID` CNILEA ME UITE ITNOR1nE961 �� f 18Y I IL] • `c'� '�.A,- lJ � _'rib Y " ,�. O a5W x.Co 9.00 e.00 1 E 7' Ll r .. O ! f! to waaainELLLON� Tm • ic,I'l —- ., '!?,', jII 11i� .._kH i— 1 rrti S? �.0 :. aoA uoN 2 a.s as o(,'E I �� �� \�_\l / SHRUB G 1— �i 'O + Y LEUCOPMrtLUM FRUTESCENS SYLIRCN WHEELERS V y(' •", 911 * �[. IP• �1/' ® GREEN CLCKII,s'OO.00 ® DESERT SPOON 0 A�ECN�RF�ENS xMNU EXPRESS —7 ) I I€i 1 I1 f �"' I ,' �, a LLON 2.DEPTHDECOMPOSED ALL UNDSCAPE AREAS f 1 .�f, ] • ] y i/ PUELLNPENNauAR13 ULOPHYLLUM CANDNIUM RUSH U C EORUN CU f _] / ,� — • SAJA PUELLN �wA10EP CLOUD HMO MORT N DARON �e�''� QI J I In / C' ! — f w c.Hw +'' 11.1 sDAUON x swuaN v GALLON Ixa w TURF 1 .1� h9 �� / '� > ® HESPEPALOEPAR'"" , •GUESA PNNMENNNA "="g7a=""6 SOD V C • A E%CNN 91}o OF PAwDI3E M1N0 R�uN rExTRUOED COM CO CD s , L' ]C A9^ IL 9 5 ./! GALLON sx 5 GALLON I GALLON // SECONCE ETE HEADER A f 1 �• err. Q• 7 a ��� w co y cv r1 f -1 r LANDSCAPE DATA TABLE COi/ ccC o j01 t �.• Y I.I I• �� I % k NET SITE AREA. RA.OtX CO G 4 • 1 { J L. S I I ,•,,•• r ® t ... `��� TOTAL LANDSCAPE SQUARE FOOTAGE 1,ORN U C > 1 TDTCWASITELANDSCAPE SOUAPE FOOTAGE D4A4 oe (s,�R �E 1I Si,* I{� LANDSCAPE SQUARE FOOTADE `31_Sis CO� l 1 b.N .ek 1 P�iT'•.I xs T i j F 1 AL. . L •1 i + €1,lJ1h'-a!� lam am, m• NW ti.� s= co a } g CD I® ;aO r.: � •- .._ 0,-. ., , [�. . ; SITE LOCATION C.) vJ Q ....nc„ . ...I.,. • ,�, ,r.i�n.. .,.i I.. ROUNDUP STREET d - - �__ -ti\ SS 11. g s o ,o/ r REECE•A ROWE rl ' , �.�' DREASEWOOD-TREET I O J Y r I 30 ¢ I w�.ln ae : ARCHI7., S RLNXEO TREES I N LTFO.ApEb ALL MAJOR • J - © nit © 31 m SS S4 SSA 1943 B.Avalon Snn O I S R EgSTN10N BLVD vbNN mN a Din PM., 2-55,-1513 n2-a5'/-,SM VICINITY a so. � .lo,] y=L -�' I =_'""1 F�MIATE.N.N 1- f.lI r , 1 © ANTS Londsca Plan Di © IF ?Lj— — III=LL,-I I'I- T J McQUEEN & ASSOCIATES, INC III-1 II II—II I11 II— .MPSANDME,uIGN FOR swLPLANTs %;li �„"DNOa;f'"'a ,P LANDSCAPE ARCHITECTURE _ r.INSN ETREE STAKES BURY S'BELOW GRADE I.CONCRETE CURB I—I © T.P.O..MRS OP PUNT NT TD URBAN DESIGN trNSHRUB BEDS —III © PREVENT ou2No `BA$1N SITE PLANNING +• 3.1 T?IN LAWN AREAS AONFGRN TANFTS SEE SPECS.POP GRADE 315E Virginia Avenue S.ROUGHENSMES DP PLANT PIT Phoenix An20nG 85004 a UNDISTURBED SUB-GRADE PATIOPFIEstE a,Nw ASSOCIATES NOTE: AAORPOR+1 T,Nr:Ta PM (602) 265-0320 F% L602) 266-6679 PROVIDE I T EXPANSE'S LIACKT u hANT PP WITH SCR NO JOINT 2V O.C, s. mRUINERSER HOSEcoATEO NOTED N SPEC, _ EACNiII WRH SOIL NU cw2 mOm 2AA I ASSOCIATES EXPRESSLY RESERVES RS COMMON LAW I ']ATE; "103 SPECS l OPYRIGM 6 O1HER PROPERIV RgNr3 N THESE PUs t JOB ND R09020 CONCRETE HEADER DETAIL TREE GUYING DETAIL PASTEDN ifirmIOW o"ePEou"E ASSLONED TofM°.TTHIR HAnoe FR:NOR°cE a`. P1 SHRUB PI ANTING DETAIL DOUBLE STAKING DETAIL I-8 -$TAKE-I1 Wier ro SE AssTCNED rGANrTreeo PARTY WiTHour La.01 —Ay—,1 IRSRO,TMNINGiNEE%PRE55EDWRRTENPERMISSIONa CONSENT OP rIM 8 ASSOCM[ES One of One NW r® 1a IYr NM= .cm.o.sn.R1c ,N."/MI."• w. T- 101.3�MX..: n :r,.A,oVIP ,>,..I wia:"" In u1n�'wa"Yon,.a.w ....... 1.0'm b"$ aw MINIX awll7= -,N.a1N.11Nr!MCI 1C10 cf wort➢A1.R W. MTOPRSI y,1MfJ, tow�i'M.I iYK[S .0 roan awllam nw I:ar"r 1a i1"�" i NCO,R ut1.. .m.,.Imo __ SC(0113 III^, Y . ",A. "�a " ,.a YwQ. „m,,1 ,.,,," gril UMW GAVIN= 1005 FCC CPI Leaca010 ig -----�--1, -1------ GREASEWOOD ST ----- ., - -� ,,rI - -- - -- NMI STREET RIARQLYCIII AND TAPERS Q� xiY DAM 'WC/ / -__-—IIFR.tAmMIIltn xu 1mt.rN. �R" / YauJ[a sroN4 ''.77 .•.' )'NGn wS xaENwt nnu Y:D ICNt - _ 1rr act_ \ I ' \ Ili,/ ❑ I Af ENTp loop\: cc �1 R ❑I s w gs ol j OJ _.. �\ ?,IT' \,• I b F i 0 ❑ war/v1x.:Rcs J( i:;j it -49 is v:.s`.*d. IE� 1 ❑] •[W1AMD /l J+ -•.••`�OTOPEcrzD CC raNlw,wn I S' ; rig �\ M4 // .i +u^� a NkE I 0 I O rMta M1r tii' _ ,RI�y s'WDI, ntacl•.lnccwaoss TYP_. OI r1 Mac soma , �I I ----r1- in... 0ii >- SITE PLAN �`� xmwc m NAME DUST CO.. $CIQIATIC ' ARCHITECT'S I J 11*.Almon SSW C°1 / '°' .M' .i° ID °� / 1-2—STORY__ WOWDWI SEESSISSES E nn❑❑i ❑❑❑O I �c1t as - P _s.Ha ImO,Au0 0OV.h 1 C,ISIIONS • • . ' , - ( •�R -« I M ///// . UAOYN[THS ACDU.iv(x10 IP'If(Ir`? •--Illlr^' DECOMPOSED fA OYSI WIlIA0. ONu"rN;� NFMNEiII EPAULIIA Ic:10AKN1.INE WOWS. S. --If}'..t 54x RCgAi(YCN1S.+E ROCCO[ 81 WAVE W1D PLC CMS. RQI ����_����_ DC ` SOPS IIC COMCR[R DIVES.M• 9 YIV I ter' , . R A LOCATE J ME M1(IRVIIS NOK IEA1100PEp w1CR UK — l/YDSGIP[ _ MLL 4 SLYL ASCApt[D \.•_ -w R[1FNICM__ _.. ____.- ` --- ..a-�._ ._.. -•._ �+..._-.. 17. pR 11-}DY v E Pa 1.R03020 ) 3 ) ) ... . ,.... 1 1 74.7•-^,zt..r..•T.I., ,.. :1 : ...,.., E0 -: 1 ire1.: g gi Bali 5_,1 rams bi--q.t. — 0 ) , .., i• . oitutio . 4.: i ..--,-.11 -, • 1. a ,• . 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Wr.= pj =PP mat I F-Er.-azi_,I gym DN-13- - • _ 0 i •.7g4',.7N - , 1 I I i 1 1 . / — OFFICE OFFICE - '.' 1ST FLOOR PLAN "N DOE:V12 3-09 . i I I 4410, .09 NO 909019 ..„, ... I . . i r 1 1 I Cji A2.1 1 I111 rihl :. 117.1,1.. il -r.1 . •ILL - ) iiI (-5 x J .I I• 0,, L.TY�n N, ,.,..:1 J REECE•IRGELL•ROTE 1. ll ryay 'O. O. O IS:" j �\ SMOKE J ( P� V ••i ••i — I ARCHITECTS W W !L.. j!Op'llgtial, :1 H. ■= I L—� ■ ■ ■-- ■ L--M =E awn . II 1�1 III i ia.o IdI STORAGE I O M'.�`........... .t.: �.., -: _ •ro m���!Di a.:,.I;;.i.a,a w.�-co• sus . 3!row,, e`' 2ND FLOOR is B 01. 'MANAGERS UNITHso, NE_ ----i a Eictlimis= A 1=';:1;...-.1 il i :Z=1 1 1-- - • Ilt:=1 N = Et Ell ' - _>>l / ;me 10D UN RwV —� SC I:1'E'1'0' I I 11'0 FLOOR PLAN onR :-cos ' I .new Ito I � A2.2 4Y'.- ) l'i,;.i rumor•'"i r ��{j..��� e 7,w + I OWEST ELEVATION mg,ygyii .,n, i[Vf:yY i0' :IL • ' .ry—fir . •r 'r�_� ... lr M a„,,,,0 [iii, ..,,,,,,,, 1 El „...-,,„.. 1 i il ,;;:,..,:,, ., , „,.... ,,,, , .- „:„.;,,,,, ei,h7.1,7,-. 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Kt onv�l�„ r ► DpXQDO2�Ge — %:r,m'r, 1 Id ..:.• s I �,t'.'#�„ �; .0..+"rfi. ,, ❑ .�Yaetmt�. .� mJ •� r1SOUTH ELEVATON J AT.O eaS c, J, -, ��/ J z (1) #4,, / SOLID SLUMP BLOCK CAP o w / U , ce z v / / 8x8x16 CMU WI (1) #4 VERT © 48" 0 C / I /-•� m � a � _ c / W 3 W / I 2 STUCCO TO MATCH BLDG a L Q / PAINT ACCENT COLOR P2 cD I > � / I / P1 ID ,�, / t / ` (1) #4-- ..1 / /' \ SOLID GROUT BELOW GRADE z / / -----_ #4 DOWELS / ( / 48" 0 C co (1) j4 HORIZ o�/� CONT 16" SCREEN. WALL SCALE 3/4"=1'-0" REECE•ANGELL•ROWE DET 1 Pi i hCHROSAN CARE , p "P �� PAGE 0 ��pp 525 1 OF 1 ARCHITECTS APACHE JUNC 1ON STEPHANIE SCALE 43431: Avalon Drive ROWE �Q AS NOTED Phoenix Arizona 85018 �1p� �p� Phone. tea:: 7-4343 SVVC GREAS tltl Si a VALLEY LLEY ®R 4,0 e Si i ne6 JOB NO Rae. 602-957-7548 f� 09020 1254 a unuvernily,/100 ZONA U S P � Arizona 88001 ne.1928-779-443440 APACHE JUNCTION, ARIZONA DATE Fax 928-779-5087 ' EXPIRES 12-31-12 5-4-10 ) SEC. 17 SW SW TN. 1N RG.8E SEE MAP 100-30_2 ROUNDUP ST 1 00-30 3 65' 165' m AP OF. APACHE JUNCTION 165' 165' O 6 g lb ® ® m 86 870 ' m ®i `° 1 C _ 110' 90' 90' 33' LOCATION MAP p 54A I 10E IIE 11F:1:sE 165' 165' 165' 165' ® M ,. \ obi 85A Is 45 0 W. 44 1S LIE LE .:E EL 7A Ilh IRF; 22C �' vE S k. I� 02 M LS l J I.iE iS 165 165' cocsi M1 J ® 0CD 0 0 ID 7S ..) 0.S O LAS ,�' CO CO 3N 165 rn 3M ® A o 165 VICINITY MAP Oum N 47 N O S mARx.oPAw 77 90 ® 24J 0 - 24B o 6 5 Q 4 3 2 I W Z 0 A I $ MUELLIH PO ,., LEI pp m ^O 7 6 9 10 11 12 OO 165' 165' 165' 165' GREASEWOOD ST D_ A La,OuTCHMLL BLVD A - a 18 16 /15 p 73 14 i 13 W o InSURER ION BLVD $ h 19 20 21 1 22 23 $ 24 x 0 30D 2 82 © ® L $ 30 29 26 N'jr 27BRW4) WAY 28AYE 25 _ 5, BDI THERA AVE, _ MT(30 31 32 33 34 X 36 — BASELINE AVE 264' 132' 132' 132' NORTH b 31 M 32 33 34 35A o DD 8-17 2009 UPDATED BY•CLW THIS MAP IS FOR VALUATION PURPOSES ONLY THIS OFFICE WILL NOT ASSUME LABILITY FOR 66 0' REPRESENTATION.MEASUREMENTS OR ACREAGE. SURVEYS I SUBDIVISION PLATS ARE ON FILE SUPERSTITION ST WITS THE FINAL COUNTY RECORDERS OFFICE. SEE MAP 101-15 PINAL COUNTY ASSESSORS MAP '� PROTEST PETITION • uv v A We here6yRprotest rezoning c se Pc- 1-' �� where a one change i propose from (�� to C-`k-.5� PD at 5W f�or►u•� Di- are.0 G. q' � b▪ v o v ( location) too_30-6Z F1 L▪ 3 a 8 We certify that we are the real property owners of the lots included in the - _ proposed chance or of those immediately adjacent in the rear or any side >- c v thereof extencing 150 feet therefrom, or of those directly opposite thereto extending 150 feet from the street frontage of the opposite lots . ✓ - 7 U ClC. o } C L _ C We have read Zoning Ordinance Section 13 0108 which is printed on the rever 0 4-4 �, " c side of this petition . >▪ - CIy U E v U r, D. We understand that if we own the property as joint tenants, both husband anc wife must sign If we are contract buyers, both buyers and sellers must L. U ✓ ia U L sign If we are partners, all general partners must sign un .0 U C. lHI W C 3 L - E. We are protesting this rezoning for the following reasons . I . 1 Y AL- 5Lc\ ' tru. C- c u.c. AD t \.) Mi41)YS ►f C C. L01 V C v Ce)- pA(\ (y (1 aq\n ,^f‘'^ CL V m U c4 . "a oa-e.A, Mown:Vet-6r\ 0 i'cup -6fincirl IN-fl P1151PeArli u Q nsa ° rn - q W L •^ 5 U C C V a '^ U o 0. a 1 T o -' ✓ N O i U Q -3 C. -. E COUNTY ASSESSOR'S NAME (PRINTED) SIGNATURE BOOK - MAP PAGE - PARCEL NO. �(o, pv,IA, t•€.- fin, 1r' �^^^ L-ZAik v`^^^ - (60 - 30 -63 t5 D l l�N V _ - ATE OF 4iri oric ) This instrument was acknowledged before me this ) SS. / 7 day of /via/ , 20 / d UNTY OF M*G opc- ) by 74not»y Lr c.L v- • At IA .8.870E ^'.•■,,„ abOTAFttPuauc.ATOoaca . 10%. Jaruallf ie,vim avdliA.-- -�:..-. NOTARY PUBLIC COMMISSION EXPIRES: FE OF ) This instrument was acknowledged before me this 5S day of 20 ITY OF ) by • NOTARY PUBLIC )MMISSION EXPIRES . CITY OF APACHE JUNCTION REZONING APPLICATION FORM Owner/Agent Information: Name. Community Christian Church of Apache Junction Telephone. (480) 982-4081 Address. 1150 W Superstition Blvd , Apache Junction, AZ 85120 Property Information: Zoning Classification Current. GR Requested: CR-5/112 Property Size: 4 acres ❑ square feet County Tax Assessor Parcel#: 100-30-029A Legal Description of Property (found on County Tax Bill Notices): N 1/2 SE SW SW OF SEC 17-1N-8E EXC W-132' 4.00 AC Address/Location of Property (if different from Owner Address, above): Southwest corner of Greasewood Street and Valley Drive in Apache Junction. List all improvements to Property: N/A - vacant land Structures/Use of Adjacent Properties. North: Residences & Vacant Lots South: City Fire Department East Church west. Residences & Vacant Lots Reason for Rezoning Request. We are planning to build a 43-unit affordable housing senior facility List any land-use or environmental impacts that may be expected if property is rezoned. FOR OFFICE USE ONLYREC MAR 8 2010 Case No : PZ- 2 - Date Filed. Application Received By• ToJA. KQhne t Fee Amount: S 18 ),O.0° m 5po.or1 ,o_ ad'_(is.ke_, I/We certify that: I/We are the owner(s) of the property described in this application for rezoning and have submitted copies of deeds or title reports as proof of ownership. I/We have read the application instructions and have truthfully completed this application. I/We understand that rezoning is conditional upon dedication and time requirements, and that the City has the option of either approval or denial of this request following conduct of a Public Hearing. I/We, being the owner(s) of the property in this application, have appointed Stephanie Rowe, AIA as my/our representative agent. I/We have authorized him/her to do whatever is necessary to have this request considered favorably by the City of Apache Junction and agree that all correspondence relating to this matter should be delivered to him/her. PLEASE PRINT Community Christian Church of Apache Junction 2 a`a_0—,..i PropertyOwner Name rgnature 1150 W. Superstition Blvd. Street Address Apache Junction, AZ 85120 480-982-4081 City,State,Zip Telephone Property Owner Name Signature Street Address City,State,Zip Telephone Stephanie Rowe _____,Se.- __ ?,-- _____________ A ent Name Signature 343 E. Avalon Drive Street Address Phoenix, AZ 85018 602-957-4343 City,State,Zip Telephone STATE OF ARIZONA ) . The foregoing in trument was acknowledged before ) SS me this . - 1-lc(day of March ,20 10 COUNTY OF PINAL ) /''---,l GX--�d 9 ' , cvCGc�c��l1 Notary Public w�• ' LOIS C ROBINSON 'r My�\) NOTARY PUBLIC ARIZONA My Commission Expires• 7 /3/2�// '&.;,� MeiRICOPA COUNTY Ortr� My Comm Exp. April 13,2011 I/We, Community Christian Church of Apache Junction hereby certify that this is a complete list of property owners within 300 feet of the property proposed for rezoning or other permit approval as obtained from the Pinal County Assessor's Office on• (date obtained) February 24, 2010 I/We further certify that this list is not older than thirty (30) days at the time of filing of said application PLEASE PRINT Community Christian Church of Apache Junction -"K -7re,---v', �, Property Owner Name ignature 1150 W.Superstition Blvd Street Address Apache Junction,AZ 85120 480-982-4081 City, State,Zip Telephone Property Owner Name Signature Street Address City, State, Zip Telephone Stephanie Rowe Agent Name Signatur 4343 E.Avalon Drive Street Address Phoenix,AZ 85018 602-957-4343 City, State, Zip Telephone STATE OF ARIZONA ) The foregoing instrument was acknowledged before ) SS me this c2 day of MCA @-4 ,20 10 COUNTY OF FINAL ) • ' _ LOIS C ROBINSON �r �� /.//, ` `� �t— NOTARY PUBLIC ARIZONA Notary Public �`�J• MARICOPA COUNTY ' �� My Comm Ezp. April 13,2011 My Commission Expires. 41i/5/20// AMIl CHRISTIAN CARE MANAGEMENT, INC JPMorgan Chase Bank, NA13350 P 0 Box 83210 Healthcare Banking-830 Phoenix,AZ 85071-3210 P O Box 71 (602)943-1800 Phoenix,AZ 85001-0071 91-2/1221 **** ONE THOUSAND EIGHT HUNDRED TWENTY AND 00/100 DOLLARS TO ORDER TE OF 03/04/2010 1, 20.00*** l City Of Apache Junction6t/414,9-Qr44:(---C, 300 E. Superstition Blvd. Apache Junction, AZ 85219 ll'O L3350u' 1: L 22 L000241: 0 L726997u' CHRISTIAN CARE MANAGEMENT, INC JPMorgan Chase Bank, NA 13351 P 0 Box 83210 Healthcare Banking-830 Phoenix,AZ 85071-3210 P 0 Box 71 (602)943-1800 Phoenix,AZ 85001-0071 91-2/1221 **** FIVE HUNDRED AND 00/100 DOLLARS TO THE ORDER OF /\ Q3/04/2010 $500.00***** City Of Apache Junction 'C: i u 300 E. Superstition Blvd. Apache Junction, AZ 85219 - ill OL335Lu' ': L22L0002lit: 0L7269971' O o a r _O O O Ogg 00 u £ CV O�� D u CC o QoEA D z.-. w co •CD O z.--. w u-, Ur, O co .., E� o} z_J b csr C aU by 0 aU 0 „w cD l r-w r o_v� o v Ozv� . o vO cU Y =, . .-L{? .-�U y }-—) U Lll .--.W= O G W E O r- W Z U(__)co O L) _1 < U U c= O L.r, O J Q d J c`J 3Y 6 T ¢w N ..c KL I d W \O W 1-- W ..L. d.W \O ,— W �C7 CDO "" (no YC7 QW OO Q U')C-6�! f'W O C C E F— U z C \O N W * W+Y C \O C7 W * W6 ,O W , * == M O W t— * S= OO = .--. * U U 00 .mil .-. * UU • • Owner's Public Participation Plan: Community Christian Church 1150 W Superstition Blvd, Apache Junction, AZ 85120 3 Y Summary of Process: 1 Dates and locations of all meetings where citizens were invited to discuss the proposal Thursday 1-28-2010@ 1 00 PM met with Tony Vehon property owner of Parcel # 100-30-29B on his rental property (pictures attached). Email requested in response to 30-day notification letter mailed 1-15-2010 Tuesday, 2-16-2010 @ 6-00 PM neighborhood meeting per 30 day notice mailed 1-15-2010. 2 Content, dates mailed, and number of mailings, including examples of letters, meeting notices, newsletters and other publications Mailed 51 letters to addresses of owner(s) of record (see Tab 12, 17) See copy of letters sent and information provided (Tabs 12, 22, 23, 24). 3 The location of resident, property owners, and interested parties receiving notices, newsletters, or other written materials. See parcel map and mailing list of owner(s) of record (Tabs 17, 21) 4 The number of people that participated in the process. 12 people attend the February 16th meeting of which 6 people were owner's or related to owners of lots in the area and 6 people represented the owner (Tab 14) 5 The MAJOR CONCERN as stated by those attending and Mr Vehon earlier in a non-public meeting was the proposed two-story construction which is allowed under existing zoning and will not be materially affected with the change in zoning (Tabs 13, 15). Page 2 of 26 b. Description of the project and possible impacts • General The project, recognizing the needs of the aging population in the area, is looking to expand the existing Retirement Living Community by adding a new Independent Living Apartment Building. This new building will feature 42, one-bedroom apartments with fully equipped kitchens, living and dining areas, private bathrooms and ample closet space Each apartment offers individually controlled heating/air conditioning, wall to wall carpeting in the living areas and sheet vinyl in the kitchens and bathrooms. There will be one two-bedroom managers unit Other features included in the building are a central entrance lobby / lounge space, a common laundry room facility, two common multi-purpose rooms and a community kitchen for pot-luck dinners and shared breakfasts Each unit includes a kitchen, entry, living/dining room, closet and a bath room. The primary rooms of each residential unit, i e the Living, Dining and Bedrooms have been placed along the exterior window walls The kitchens, bathrooms and other support spaces are located along the corridor side of each unit. A main concern in the dwelling units is to meet universal design for all the senior residents and to meet handicapped accessibility requirements for the Fair Housing Accessibility Guidelines of the Federal Fair Housing Amendments Act (1988) and Section 504 of the Rehabilitation Act of 1973 Uniform Federal Accessibility Standards 1988 (UFAS) is the standard referenced by FHA. Also to be met are the more recent standards of the American National Standard Institute (ICC /ANSI A117 1-2003) and the local Building Code which is the International Building Code 2006 along with local amendments ADA requirements apply to the common areas. 5% of the units will be fully accessible. 5% x 43 = 3 units Fully accessible units include roll-in showers and knee space at the kitchen sink and work counter All the units will have accessible door widths, clear floor spaces, turning space, grab bars and universal design for reach range to switches, outlets and operable controls. All showers will have a handheld shower head and slide bar. Also 2% (1 unit) will have features to serve tenants with hearing and/or visual impairments • General Construction Considerations All proposed work and construction will follow all current HUD standards and shall conform with all applicable codes • Site Work Page 3 of 26 The building will be free standing on a separate lot and will have its own parking and drives Accessible walkways will link the street with the building and provide on-site walking paths. For visit ability and use by all the residents all building entrances and all common areas will have universal design The first floor common room will access an exterior patio located to the north east to be shaded from the Arizona sun and which will face the view of the mountains This exterior area will connect with the accessible walking paths. • Exterior Construction The proposed building's footprint shall be approximately 18,079 sf The building will be a two story structure Total building area shall be 36,158 sf. The exterior envelope of the proposed building will be of masonry with a stucco finish. The floor construction will be concrete plank The roof construction will be constructed of steel trusses and clay tile roofing This construction will give sound and fire control, durability, and ease of maintenance The elevations will be stucco finish with tile roof This project will fit with the residential character and scaling of the neighborhood The colors will be off white with terra cotta fascia accent. • Interior Construction The proposed structure will be bearing walls at the exterior and corridor The walls between each resident unit will be metal studs with resilient channel and batt insulation for sound control The finish will be gypsum wall board with a painted finish. The residential unit entry doors and frames are to be hollow metal and rated appropriately Masonite doors and "ready" frames shall be used for the interior of each resident unit The public corridors and common rooms will include carpet, painted walls and acoustical ceiling tile The units will include carpet in the living room and bedroom areas and V.C.T. flooring in the kitchens and baths. All cabinetry will be standard dimensional cabinets with plastic laminate counters and backsplash. All new wall construction will be gypsum wall board on metal studs with a painted finish The unit ceilings shall be gypsum wall board with a painted finish The building will be served by a new sprinkler system throughout. • Common and Ancillary Spaces The first floor will house the main entrance lobby and the majority of the common and ancillary spaces located within the building Ancillary spaces on the first floor shall include a U.S postal and in-house mail space. The common spaces on the first floor shall consist of a main entry lobby with a sitting/lounge area and multi-purpose room with access to exterior common spaces and accessible walking paths. A multi-purpose room with a computer area and kitchen will be provided on the second floor Page 4 of 26 Our proposal incorporates a computer area with three stations for terminals This area may be used by residents, staff and/or others for information, training and access to the Internet at the discretion of management. Dual RJ11 telephone jacks in each apartment will afford tenants easy hook- up of personal computers Telephone jacks in common areas and category 5E data network drops with wall mounted patch panels as well as convenience outlets will allow administrative networking and use of the latest computer technology The above will be a beneficial tool to incorporate education and job training opportunities through initiatives such as HUD's Neighborhood Networks, enhancing self sufficiency, employability, and economic self-reliance of elderly residents. • Mechanical, Electrical and Plumbing All Mechanical, Electrical and Plumbing work shall comply with all applicable codes and HUD standards. Individual resident units will be supplied with split- system mechanical units with individual control for A/C and heat The corridors and other public spaces will be supplied by split-system mechanical units with programmed control for A/C and heat. • Energy Star and Green Initiative The Project will not only conform to HUD Cost Containment requirements, it will be designed to meet and exceed energy efficiency requirements of present codes As required by HUD standards, the project will meet ASHRAE 90 1-2007 plus 20% (Appendix G) Energy Star qualified appliances will be used throughout to meet this goal, and a heat load analysis that shows compliance with this standard will be completed by the project engineer during the design phase of the project. Specific energy saving actions will be taken to support HUD's Energy Action Plan, as partially enumerated in the bulleted list below Exterior and Interior materials are selected for energy efficiency and low maintenance as well as durability All windows are to be aluminum units with Low-E rated insulated glass All walls and roofs will be insulated to exceed HUD and Local standards. Energy Star products will be used throughout the building to achieve Energy Star compliance These products will consist of conforming electric ranges and ovens, refrigerators and bathroom fans As well, all lighting fixtures in the dwelling units and common spaces will be Energy Star labeled Energy efficiency and economical construction will be accomplished by the following Page 5 of 26 • The use of 10" (R-38) insulation at the attic ceiling and mass walls with continuous rigid insulation at the exterior walls, providing an energy tight structure • Energy efficient appliances and lighting fixtures (Energy Star labeled) will be used in the dwelling and common spaces, providing a saving on utility costs • High performance (Low-E) insulation glass will be used at all windows • Common laundry facilities will be provided in lieu of washers & dryers in each living unit • Plastic surrounds will be used at all shower enclosures • Ductless hoods used where allowed by code • Electrical fixtures and plumbing trim will be of residential quality. • Costly items such as elaborate signs and directories, stainless steel brackets and railings will not be used where there is no benefit to the operational and life cycle costs of the building • Site lighting will be accomplished by building-mounted fixtures as well as free-standing poles • Low-flow faucets (with lever handles) • Low-flow shower controls (anti scald with lever) • Low-flush toilet • Light fixtures that will accept fluorescent bulbs • New trim and countertops manufactured with recycled building materials • Sensors to shut off (with delays) unit bathroom, laundry room lighting, etc. • V C T in kitchen areas • Paint throughout with low V 0 C • New HVAC systems to be energy efficient Page 6 of 26 • All lavatory and water closets to be low-flow to meet Arizona's stringent water use requirements • 31/2" sound attenuating batt insulation will be utilized between units and corridors to prevent the transmission of noise and temperature fluctuation. c'. How the applicant will inform the public about the proposed project and allow for public input: The applicant will obtain the names of property owners within 300 feet of the site including any homeowners associations or registered neighborhood group within the public notice area and any other interested parties who have requested that they be placed on the interested parties' notification list maintained by the Planning Department. A neighborhood meeting will be scheduled and notes of the meeting will be prepared to include; (1) Dates and locations of all meetings where citizens were invited to discuss the proposal. (2) Content, dates mailed, and number of mailings, including examples of letters, meeting notices, newsletters and other publications (3) The location of residents, property owners, and interested parties receiving notices, newsletters, or other written materials, and (4) The number of people that participated in the process, and (5) A summary of concerns, issues and problems expressed during the process including (a) the substance of the concerns, issues, and problems, and (b) how the concerns were addressed or resolved The applicant will mail letters to owner(s) of record (copies of the letters are included Tab 12). The letters will provide a 30-day advance notice that a public meeting would be held to inform the property owner's in the immediate area of a neighborhood meeting to discuss the proposed CR-5 zoning request The notice reads as follows. "Dear Property Owner or Neighborhood Association President The purpose of this letter is to inform you that our company has recently filed a zoning request for a 4 acre site located at the Southwest corner of Greasewood Street and Valley Road and we will be hosting a neighborhood meeting. Page 7 of 26 • All lavatory and water closets to be low-flow to meet Arizona's stringent water use requirements • 31/2" sound attenuating batt insulation will be utilized between units and corridors to prevent the transmission of noise and temperature fluctuation. c: How the applicant will inform the public about the proposed project and allow for public input: The applicant will obtain the names of property owners within 300 feet of the site including any homeowners associations or registered neighborhood group within the public notice area and any other interested parties who have requested that they be placed on the interested parties' notification list maintained by the Planning Department. A neighborhood meeting will be scheduled and notes of the meeting will be prepared to include; (1) Dates and locations of all meetings where citizens were invited to discuss the proposal. (2) Content, dates mailed, and number of mailings, including examples of letters, meeting notices, newsletters and other publications. (3) The location of residents, property owners, and interested parties receiving notices, newsletters, or other written materials, and (4) The number of people that participated in the process, and (5) A summary of concerns, issues and problems expressed during the process including (a) the substance of the concerns, issues, and problems, and (b) how the concerns were addressed or resolved The applicant will mail letters to owner(s) of record (copies of the letters are included Tab 12) The letters will provide a 30-day advance notice that a public meeting would be held to inform the property owner's in the immediate area of a neighborhood meeting to discuss the proposed CR-5 zoning request The notice reads as follows "Dear Property Owner or Neighborhood Association President The purpose of this letter is to inform you that our company has recently filed a zoning request for a 4 acre site located at the Southwest corner of Greasewood Street and Valley Road and we will be hosting a neighborhood meeting. Page 7 of 26 Our request for CR-5 zoning would permit construction of a new two story apartment building for independent living seniors who are 62 years of age and older. The meeting will be at. Community Christian Church 1150 West Superstition Drive Building B Apache Junction, AZ 85120 Time. 6 OOPM Tuesday February 16, 2010 You are welcome to attend to learn about the case and make your opinions known Your comments will be made a part of the case file For additional information concerning the design of the proposed development, please contact Jon Scott Williams, Executive Director, 6945 E Main Street-Bldg 5, Mesa, AZ 85207 or call 480-654-1800 ext. 294. My email address is ionscott williamsChristianCare.orq if you want to contact me by email " ie ' d. Issues that were raised through citizen contact curK2 _ ,� � The applicant mailed out 51 letters to addresses of owner(s) of record (copies of the letters are included Tab 12). The letters provided a 30-day notice that a public meeting would be held to inform the property owner(s) in the immediate area of a neighborhood meeting to discuss the proposed zoning request (Tab 17). Prior to the meeting one property owner parcel #100-30-29B contacted the owner's representative (Jon Scott Williams via the email) The property owner and the representative agreed to meet on the property to review the same information that would be made available at the public meeting on February 16th During this meeting, the property owner was provided 11"X17" renderings of the proposed improvements (Tabs 19, 23). Concern was expressed, by property owner, about the affect of rental property and two story construction on the value of his lot which fronts on Gold Street South of Greasewood. No commitments were made at the time, the owner wanted to discuss the details with his spouse but he did indicate he would attend the February 16th meeting. Page 8 of 26 February 16, 2010 at 6.00 PM, the meeting was held at 1150 West Superstition Blvd., Apache Junction, AZ 85120 in the auditorium The following people were in attendance (see sign-in sheet Tab 14). Name. Address Parcel # Jon Scott Williams Owner's Rep 29A Frank Mamlio 437 E Germann 29A Sharon Johnson-Shannon 5762 S. Feather 29A Max Ragsdale 100 W 16th St 29A Mary De Haan 1292 W Greasewood 43B Ray & Joy Laws Jr 1276 W. Greasewood 43A Connie L. Ross 8546 E Brittle Bush 29A Ronald E Ross 8546 E Brittle Bush 29A Patricia ByBee 1431 W. Greasewood 30C Chester Reaves 1326 W Greasewood 24D Ray Eachus 1326 W. Greasewood 24D The meeting was called to order at 6.10 PM 12 people signed the attendance sheet (see copy Tab 14). Six of the twelve people in attendance represented that they owned or were related to the owners of four of the neighboring lots Everyone in attendance had the opportunity to view 2' X 3' renderings of the proposed site improvements, floor plan, and building layout on 4 acre lot. In addition, a resume of Christian Care, the proposed operator of the affordable 62+ senior apartments, and the architect's narrative of the proposed construction and site improvements was provided to all in attendance During the meeting, many questions were asked with multiple questions from one or two of the owners of the neighboring lots Concerns raised during the meeting 1. Traffic turning onto Valley Drive from Superstition'? 2 Traffic turning onto Greasewood from Valley? 3. Would the property be licensed for Assisted Living? 4. How many units would CR-5 allow'? 5 Would the property be walled? 6 and if so, how high? 7. Their view to the South and East would be blocked by two story construction. Concern #1. Traffic turning onto Valley Drive from Superstition? Mr. Williams indicated that traffic control on Superstition Blvd was beyond the scope of this application. Page 9 of 26 Concern #2. Traffic turning onto Greasewood from Valley. Mr Williams stated the main entrance and official address of the proposed improvement would be XXXX North Valley and not off Greasewood The exit onto Greasewood allows for emergency vehicles, residents and visitors to exit but since the residents are seniors (62+) average age 80+ the traffic impact is much less than with family apartments or other future development of the property by the church (owner) Concern #3 Would the property be licensed for Assisted Living'? Mr Williams acknowledged that the existing Christian Care community located at 118 South 70 Street is licensed for assisted living but at this time, there are no plans to license the building for assisted living services. One of the reasons Christian Care is interested in operating the proposed building is to replace 40 units that were recently converted to Assisted Living at the 70th Street location. In the future, if residents require assisted living services, they automatically have a preference at the 118 South 70th Street location Therefore, the North Valley Community will be a feeder community to the 70th Street location. This application does not contain a request for assisted living use on the property. In any event, HUD regulations prevent conversion prior to 5 years from occupancy and approval from the local government at a minimum Concern #4 How many units would CR-5 allow? Mr Williams stated zoning does allow for additional units but because of the HUD funding source it is difficult to add units on the site but it is possible to increase the amount of enclosed common areas Concern #5 Will the property be walled? After reviewing the site plan Mr. Williams could not determine if the proposed improvements would be walled but that the owner would comply with all City requirements Concern #6. and if so, how high? Mr Williams stated that the owner will ask guidance from the City for the height and location of any wall Concern #7. Their view to the South and East would be blocked by two story construction This was the MAJOR concern This concern was expressed by owners of lots 30C, 29B, 24D, 43B, and 43A. The residents stated that this was their major concern and they would not have any problem if the proposed development was single story Mr. Williams stated the existing zoning of GR allows buildings to be 2 stories or 30 feet in height, therefore the proposed change in zoning would not alter the height of what the owner could build on the site The question becomes would the residents prefer to live next to a two story well built church building or a two story well built retirement community'? Page 10 of 26 After everyone present had an opportunity to ask questions and all questions were commented on by Mr Williams he thanked everyone for taking time to come to the meeting and hear about the proposed project He stated the Church and Christian Care want to be good neighbors and add to the community by providing necessary affordable senior housing that their friends or relatives may want to reside in The meeting was adjourned at 6 45 PM. e. How the applicant will address issues raised by staff and the public: The owner believes Concerns 1-4 were answered during the meeting but is open to providing additional information if requested. The owner believes Concerns 5-6 relating to a wall around the property and height will be determined by City requirements However, the owner is open to building a wall on the South and West if it will build better relationships with the neighbors Finally, concern #7 is mute since the proposed zoning and the existing zoning maximum building height are effectively the same. (see abridged Development Standard Summary Tab 13) Page 11 of 26 %-� CHRISTIAN CARE 50.1) 118 S. 70TH STREET — MESA, AZ 85208 — 480-924.3216 A Christian Care company Est. 1979 Notice of Public Meeting Meeting Date: February 16, 2010 Time: 6:00PM Location: Community Christian Church Building B 1150 W. Superstition Blvd. Apache Junction, AZ 85120 Proposed Development New two story apartment building for independent living seniors who are 62 years of age and older Address. Southwest Corner of Greasewood Street & Valley Road. Dear Neighbor, We have applied for City of Apache Junction approval for Re-Zoning at this location. This letter is being sent to all neighboring property owners within 300 feet of boundaries of the proposed development site You are invited to attend this meeting and provide any input you may have regarding this proposal For additional information concerning the design of the proposed development, please contact Jon Scott Williams, Executive Director, 6945 E Main Street-Bldg 5, Mesa, AZ 85207 or call 480-654-1800 ext. 294. My email address is jonscott williams@ChnstianCare.org if you want to contact me by email Jo (ott Williams Donal Vice President Christian Care xecutive Director Fellowship Square-Mesa CHRISTIAN CARE triftj 118 S. 70TH STREET - MESA, AZ 85208 - 480-924-3216 A Christian Care company Est. 1979 Dear Property Owner or Neighborhood Association President. The purpose of this letter is to inform you that our company has recently filed a zoning request for a 4 acre site located at the Southwest corner of Greasewood Street and Valley Road and we will be hosting a neighborhood meeting. Our request for CR-5 zoning would permit construction of a new two story apartment building for independent living seniors who are 62 years of age and older. The meeting will be at. Community Christian Church 1150 West Superstition Drive Building B Apache Junction, AZ 85120 Time: 6:00PM Tuesday February 16, 2010 You are welcome to attend to learn about the case and make your opinions known. Your comments will be made a part of the case file. For additional information concerning the design of the proposed development, please contact Jon Scott Williams, Executive Director, 6945 E. Main Street-Bldg 5, Mesa, AZ 85207 or call 480-654-1800 ext. 294. My email address is jonscott.williams@ChristianCare.org if you want to contact me by email. Jo A ott Williams gional Vice President Christian Care xecutive Director Fellowship Square-Mesa CITY OF APACHE JUNCTION PRELIMINARY DEVELOPMENT REVIEW COMMITTEE MEETING #PDR-10-09 DECEMBER 3, 2009 PROJECT Proposed 43 - 1 & 2 bedroom apartments for low income senior residents with HUD funding located at the southwest corner of W Greasewood Street and N Valley Drive APN 100-30-029A PROJECT APPLICANT(S). Community Christian Church Contact• John Norris at 602-443-5411 APPLICANTS PRESENT Stephanie Rowe John Norris Jon Scott Williams Liz Longieliere STAFF PRESENT. Darron Anglin, Sewer District Engineer (SMCFD) Todd Kennedy, Assistant Planner Emile Schmid, Senior Project Engineer Rudy Esquivias, Senior Planner Fred Klinger, Building Inspector Ted Millspaugh, Arizona Water District Manager Troy Mullender, Public Safety Sam Jarjice, Development Services Engineer John Suniga, Deputy Fire Marshal Janine Solley, Business Advocate PROJECT PLANNER. Todd Kennedy, Assistant Planner (480-474-5093) MEETING FACILITATOR.Rudy Esquivias, Senior Planner (480-474-2645) The following information has been generated by the Preliminary Development Review Committee meeting in order to assist the applicant with what would be needed to go forward with the project. BULLET POINTS FOR THE APPLICANT ARE AS FOLLOWS: Development Services On-Site Engineering Comments- • All driving aisles and parking areas shall be surfaced with asphalt or concrete Provide adequate turning movement Drive aisles to be minimum 24' wide for 2-way traffic - 1 - • Provide City approved driveway entrances, align with existing driveways at the opposite side of the road (Church on Valley and residences on Greasewood) Centerline of proposed driveways shall be located minimum 30' from a commercial property line • Provide adequate onsite Retention per City Drainage Policy and requirements. Provide Percolation Test results at the locations of the proposed Retention Basins • Retention basin on north side of property may be challenging because of natural slope of site • Accommodate any offsite flow that runs across the property • Provide Stormwater Pollution Prevention Plans and obtain ADEQ/AZPDES permit. Provide Action Plan Binder • City Benchmark to be utilized for the project based on the NAVD 88' Datum • Utilize MAG standards specifications and details and City of Apache Junction Engineering Design Guidelines adopted November 2006 for project design (City Engineering Guidelines can be downloaded from City website) Contact Sam Jarjice, Development Services Engineer at (480) 474-5077 for civil engineering plans submittal requirements. * Please assure that a copy of this civil engineering requirements list be delivered to the project civil engineer for on-site design criteria. Refer to City Public Works-Engineering Department comments for off-site improvement requirements. Public Works - Off-Site • Please reference the current City of Apache Junction Engineering Design Guidelines and Policies Manual (EDGPM 2006) for detailed requirements for statements shown below • The parcel is not located in a FEMA regulatory floodplain and therefore is not subject to City floodplain development requirements. • Developer's engineer to prepare drainage report per City requirements including section quantifying and mitigating offsite flows that impact the site • Onsite runoff shall be contained onsite per City requirements and shall not enter public right-of-way. • Applicant to prepare Storm Water Pollution Prevention Plan (SWPPP) and submit to ADEQ Applicant to provide copy of Notice of Intent (NOI) and ADEQ assigned AZCON number prior to issuance of permit - 2 - • 33' right-of-way dedications required on both Valley Drive and Greasewood Street (currently FPE), provide 20' x 20' triangular cutoff at northeast corner. • Install half-street improvements per City requirements along full frontage lengths in Valley Drive and Greasewood Street, including concrete curb, gutter and sidewalk. • Driveways to be per C 0 A.J. Standard Dtl AJ-24.1 • Install curb and sidewalk transitions to existing grade at ends of curb/sidewalk installation on both Valley Drive and Greasewood Street • Install pavement tapers from end of new curb and gutter installation to existing pavement on both Valley Drive and Greasewood Street. • Street lights to be installed per City requirements • No onsite private structures or private signage shall extend into public right-of-way • No parking allowed on Valley Drive or Greasewood Street, all parking (reserved and unreserved) to be provided onsite • Provide pavement striping and signing as required in Valley Drive and Greasewood Street • All offsite improvements need to be completed as part of Phase One • No Traffic Impact Analysis (TIA) for first phase. Second phase may require TIA. Water • The site is within the Arizona Water Company jurisdiction • Applicant was provided a map indicating water lines • There are 4" lines on Greasewood and N Valley. • Applicant to coordinate with Mr Millspaugh on the review of the plans The plans are reviewed in the Arizona Water Company Phoenix Office Fire • Under the 2006 Fire Code. • The present plan will require the installation of 2 fire hydrants If there will be future expansion a third hydrant will be needed It would be less expensive if applicant installs a third hydrant during the installation of the 2 hydrants Requesting a looped line. • Requires a remote FDC connection on the south side in the middle of the parking island or across the driveway A hydrant needs to be placed 150 feet from the remote connector • Mark both sides of the entry drive with "FIRE LANE NO PARKING", or utilize red striping • Requires exit signs and emergency lighting - 3 - OIN Building • Under the 2006 International Building Code • Considered R2 rated • Need area calculations to check square footage • Need 1 hour fire partitions between the units • Show all details on the plans including fire stopping • Need Health Department approval for common kitchen May need Type 1 hood. Planning • The property site is to be rezoned from GR (General Rural) to CR-5/PD (Multi-Family Residences by Planned Development) Along with the rezoning it would require a Minor Amendment to the General Plan • Will work with the applicant on reducing the number of parking spaces Spaces on the south side need to be 9' x 20' Can go to 18 1 long spaces and the additional 11 can reach over landscaping. • Would like to address the property off of Valley Drive. • If building height is too high can do a minor PD deviation. • Architecture and landscaping look good. • Elevations are in compliance with the Design Guidelines • If expansion to 50 units is in the future it would then become a major amendment. • The public process involved would take approximately 4 months. It would first go to the Planning & Zoning Commission Work Session and then a Public Hearing Meeting. The Commission recommendation is then taken to City Council for a Work Session and then a Public Hearing for final decision • The applicant is to complete a pre-meeting with property owners that within 300 feet of the property site prior to the first P&Z Commission Work Session. Complete a brief narrative of the pre-meeting and submit a list of the individuals attending the pre-meeting, the issues discussed, and mitigation plans proposed to the Planning Division. • There is a timeframe of 2 years for construction to begin If at the end of the 2 years and construction has not begun, you would need to apply for an extension • Check the Landscape Code. Retention may be overdesigned Plantings are required in the retention Curvilinear design also required. • Suggest a sign oriented perpendicular to the right of way Permitted to be 32 square feet (double-sided) and 12 feet high Encourage applicant to incorporate building color and materials into the design of the sign • Applicants were given a list of other agency fees that may be incurred for the project(i.e. Fire,Water, Sewer, etc.) -4 - • These comments are relative to an apartment project, not a condo project Different standards for condos Sewer • There is an 8" sewer line on Greasewood, capacity should be adequate • Lot regrading may help improve opportunity for gravity sewer system. • Manhole required for connection on Greasewood with possible 8" mainline going south onto property May require 2 additional manholes onsite. Manhole spacing for 8" line is 500 feet • Possible Collection Main Extension Agreement (CMEA) with the Sewer District for ownership of sewer lines; possible P U E or other easement required for District ownership. • If apartments are sold as individual units (condominiums) at any point in the future each unit will be required to have an individual sewer connection with a disconnect cleanout • At this time, applicant does qualify for discounted sewer connection fee. • The applicant was provided with packets containing instructions, fees, and application information • Common Kitchen Area may require Grease Interceptor (See District Detail SM430) • Contact Darron Anglin at 480-982-3053 ext 140 Public Safety • Encourage applicant to join the crime free housing program Business Advocate • Thanked the applicants for bringing this project to the City of Apache Junction and for giving senior residents a safe environment in which to live • If any concerns should arise, contact Janine Solley, Business Advocate at 480-474-5076 - 5 - k ACH p ...., o CiO a A ache Junction Home of the Superstition Mountains 14'12010' a Print TO: City Manager's Office FROM: Kathy Connelly, City Clerk DATE: June 14,2010 Agenda Type : Work Session Agenda Council Priority Focus Area: Required by Federal Law or State Statute TITLE OF AGENDA ITEM: PRESENTATION AND DISCUSSION ON PROPOSED RESOLUTION NO 10-23, REQUESTING SURROUNDING CITIES AND TOWNS TO SHOW SUPPORT FOR THEIR RESIDENTS BY REJECTING THE PROPOSED UNTIMELY INCORPORATION OF SAN TAN VALLEY ACTION REQUESTED: Presentation and Discussion DISCUSSION/ BACKGROUND INFORMATION: San Tan Valley's incorporation will have a negative financial impact on the budgets of existing municipalities. This resolution requests that the city councils of the various communities consider this impact and reject the proposed incorporation at this time FISCAL IMPACT: OPTIONS I ALTERNATIVES. RECOMMENDATION: ATTACHMENTS: Click to download No Attachments Available City of Aj ache junction Home of the Superstition Mountains lea Print TO: City Manager's Office FROM: Jerald L. Monahan, Chief of Police DATE: June 14, 2010 AIMS Agenda Type : Work Session Agenda Council Priority Focus Area: Public Safety TITLE OF AGENDA ITEM: PRESENTATION AND DISCUSSION ON RESOLUTION NO. 10-22,AUTHORIZING THE SUBMISSION OF A GRANT APPLICATION TO THE GILA RIVER INDIAN COMMUNITY STATE SHARED REVENUE GRANT PROGRAM ACTION REQUESTED: Presentation and Discussion DISCUSSION/BACKGROUND INFORMATION: Proposed Resolution No. 10-22 authonzes the submission of a Gila River Indian Community State Shared Revenue Program application for Fiscal Year 2010-2011 Resolution No. 10-22 is a mandated component of the grant application, and stipulates that the City is applying for up to $18,404 12 to purchase three mobile data terminals (MDTs)for installation in three Police cars The City may provide up to $6,300 in cash match, and this amount will be taken out of the Public Safety Department's approved budget for Fiscal Year 2010-2011 FISCAL IMPACT: Budgetary Approval Not Required OPTIONS I ALTERNATIVES: Policy Discussion (list specific options/alternatives) RECOMMENDATION: ATTACHMENTS: Click to download D Staff Report 0 Resolution Number 10-22 0 Product Specifications D Project Budget tsck me n ti City of Apache Junction 4RI o' Department of Public Safety MEMORANDUM DATE. June 14, 2010 TO: The Honorable Mayor and City Council THROUGH: George Hoffman, City Manager .....,,,6„___ FROM: Jerald Monahan, Director of Public Safety/Chief of P lice SUBJECT: Gila River Indian Community State Shared Revenue Program Grant Application For Fiscal Year 2010-2011. REQUEST Staff respectfully requests that the City Council discuss Resolution Number 10-22 authorizing the submission of a Gila River Indian Community State Shared Revenue Program application for Fiscal Year 2010-2011. Please see Attachment 1. The resolution is a mandated component of the grant application The resolution stipulates that the City is applying for up to $18,404.12 to purchase three mobile data terminals ("MDTs") for installation in three Police cars The City may provide up to $6,300 in cash match,this amount is to be taken out of the Public Safety Department's approved budget for Fiscal Year 2010-2011 BACKGROUND Gila Community In November 2002, the voters of Arizona approved Proposition 202 which initiated new gaming compacts between the State of Arizona and the Native American tribes. An important provision of Proposition 202 was the sharing of gaming revenues with the State Henceforth,tribes would be assessed by the State a percentage of their gross gaming revenue Tribes had the option of either paying all of this assessment into a State managed fund or to pay 88%of the assessment into the State managed fund and retain 12%of the assessment for distribution as grants The Gila River Indian Community exercised its option to retain and administer 12%of State shared revenue Known as the Gila River Indian Community State Shared Revenue Program,the Program makes"Distributions to cities, towns, or counties for government services that benefit the general public, including public safety, mitigation of the impacts of gaming, or promotion of commerce and economic development" Gila River's policy is to generally limit the distributions to cities, towns, and counties in Maricopa and Pinal Counties Funding priorities /^ include 1)Public Safety(police,fire,EMS), 2)Transportation Facilities; 3)Health Care Services,4)Economic Development, and 5)Education In 2006, the Community Council awarded the City of Apache Junction$77,958 to purchase an automated fingerprinting identification system for use by the Municipal Court and the Police Department In 2007, the Community Council awarded the City of Apache Junction$62,702 to purchase equipment to be used in Operation. DUI Purge. Operation. DUI Purge is a concentrated effort by the Police Department to reduce the number of drivers in the City that are under the influence of alcohol or other drugs while operating a motorized vehicle In 2008, the Community Council denied the City's request for$135,557 to purchase a Fire Arms Training System. In 2009,the Community Council denied the City's request for$48,405 to purchase eight MDTs for installation in eight police cars City of Apache Junction The Gila River funds will be used to replace broken and out dated MDTs in three patrol cars The MDTs that are currently in the Police cars were purchased in December 2005;the warranty on these units expired in 2009 Because the MDTs are used constantly,the life expectancy for this type of MDT is approximately three years. If an MDT were to malfunction after the warranty, it is questionable if the unit could be repaired MDTs allow for officers working on the street to communicate with each other as well as the comminication center without the use of a radio They also allow the officer to view the narrative on the call they are responding to and obtain additional information such as the address, suspect's description and direction of travel Officers responding to a residental residence, can obtain information on what type of calls the Police Department had responded to at that location in the past who was contacted at the residence, and if there are any weapons in the residence Officers are able to see what officers are in service and where they are located Officers can also view schedules, obtain telephone numbers and addresses for hospitals,jails,courts and other governmental facilities, obtain maps of trailer parks or apartment complexes, access photos of suspects and conduct Arizona Department of Motor Vehicle driver's license and vehicle registration checks. In addition,officers are able to write reports on the MDT and then transfer them to their supervisor for approval MDTs are used to run Arizona Department of Motor Vehicle vehicle registration and driver license checks at accident scenes and during traffic stops. On all calls the officers use the MDTs to obtain some type of information concerning the call they are responding to The information from the address, to suspect's description, direction of travel,where or not the reporting party is to be contacted Page 2 The Department proposes to purchase the Panasonic Toughbook 30. Command staff has researched MDTs and feels that this product best meets the Department's needs Please see Attachment 2 for product specifications Please see Attachment 3 for the project budget. DISCUSSION The equipment to be secured with the Gila River grant funds is crucial for the replacement of three older models and out dated MDTs The Panasonic Toughbook 30 allows Patrol Officers working on the street to effectively communicate with the Communication Center and each other without the use of the radio It increases officer safety by allowing the officer to view information concerning the call they are responding to It also allows supervisors to more efficiently and effectively manage the shift by having the ability to see which officers are on calls and their locations,which officers are available and what type of calls are pending RECOMMENDATION Staff respectfully recommends that Council discuss Resolution Number 10-22 If Council approves, staff will seek adoption of the resolution during the June 15,2010 City Council meeting ACTION REQUIRED Review and discussion of Resolution Number 10-22. Attachment 1. Resolution Number 10-22 Attachment 2 Product Specifications Attachment 3 Project Budget Page 3 ON Attachment 1 RESOLUTION NO 10-22 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, APPROVING THE SUBMITTAL OF A GRANT APPLICATION TO THE GILA RIVER INDIAN ^ COMMUNITY FOR PROPOSITION 202 FUNDS WHEREAS, in 2002, Proposition 202 authorized new gaming compacts between the State of Arizona and Arizona Indian Tribes which included sharing of gaming revenues; and WHEREAS, a portion of this state-shared revenue in an amount of 12% can be retained by an Indian Tribe and distributed to cities, towns or counties for government services that• 1) benefit the general public, 2) mitigate the impacts of gaming; and/or 3) promote commerce and economic development; and WHEREAS, the Gila Indian Community (the "Community") has decided to exercise its option to retain and administer the 12% share itself and has adopted guidelines and procedures for this new program; and WHEREAS, the Community developed an expanded list of "priority areas" for which funding will be concentrated, including public safety, transportation, healthcare services, economic development, and education NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AS FOLLOWS. Section 1. Staff is authorized to submit an application to the Gila River Indian Community for Proposition 202 funds, and the Mayor is authorized to sign the application, contracts and grant documents for receipt and use of Proposition 202 for the purchase of 3 mobile data terminals in an amount not to exceed $18, 405 . Section 2 The Mayor is authorized to take any and all actions necessary to RESOLUTION NO 10-22 PAGE 1 OF 2 Attachment 1 implement and complete the activities submitted in the application. Section 3• The City Manager or his or her designee is hereby authorized to take whatever steps necessary to administer and procure the funding. Section 4 . The City may expend up to $6, 300 to match the funds provided by the Community, taken out of the Public Safety Department' s City budget for Fiscal Year 2010-2011 . PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS DAY OF , 2010 SIGNED AND ATTESTED TO THIS DAY OF , 2010 JOHN S . INSALACO Mayor ATTEST . KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM RICHARD J. STERN City Attorney RESOLUTION NO 10-22 PAGE 2 OF 2 Attachment 2 Mobile Concepts Technology Estimate 13669 South 37th Place Phoenix, AZ 85044 Date Estimate# 6/1/2010 202 Name/Address Apache Junction Police Department Robert Wheeler 1001 N Idaho Road Apchae Junction,AZ 85219 Terms Project Net 30 Item Description Qty Rate MSRP Total CF-31ACAAX2M WinXP(Win7 COA),Intel Core 15-520M 3 3,925 00 11,775 OOT 2.4GHz,vPro,13 I"Touch XGA,2GB, 160GB,Intel WI a/b/g/n,TPM, Bluetooth,Dual Pass(Upper WWAN/Lower WLAN),Emissive Backlit Keyboard,No Drive,Toughbook Preferred,replaces CF-30KCPAX2B CF-SVCLTNF3Y-MCT Panasonic Toughbook 3 Year Protection 3 250 00 750 OOT Plus Warranty CF-WEB301MB CF-30 Vehicle Mount Port Repltcator 3 499 00 1,497 00T with dual high-gain wireless connector **AC Adaptor Not included** PA1650-1253 Panasonic Lind Adapter for Toughbook 3 i 19 00 357 OOT CF01 CF17,CF18,CF19,CF25,CF27, CF28,CF30,CF29,CF33,CF34,CF35, CF37,CF45,CF47,CF48,CF50,CF51, CF61,CF62,CF63,CF71,CF72,CF73, RI,R4,R5,T1,T2,T4,T5,T7,U1,W2, W4,W5,W7,Y2,Y4,Y5 Input CBLIP-F00060 Cigarette Lighter Cable,36 Inches Input CBLIP-F00051 Bare wire input cable,36 inches Output CBLOP-F00691 Adapter to Laptop Cable,36 Inches 7160-0043 Panasonic Toughbook 30 Mounting 3 59 00 177 001' Interface Plate(for use with Panasonic Vehicle Mount Port Replicator) Subtotal Sales Tax (8.3%) Total Page 1 Mobile Concepts Technology Estimate 13669 South 37th Place Phoenix, AZ 85044 Date Estimate# 6/1/2010 202 Name/Address Apache Junction Police Department Robert Wheeler ..�� 1001 N Idaho Road Apchae Junction,AZ 85219 Terms Project Net 30 Item Description Qty Rate MSRP Total 7160-0234 Gamber Johnson Ford Crown Vic Base 3 79 00 237 OOT DS-LOWER-7 7"lower pole assembly 3 36 00 108 OOT QADJ-UPPER-M 8" long quick adjust upper tube 69 00 69 OOT assembly for DS-LOWER-9 or any vehicle base with a welded pole QUAD-MOTION TS3 Gamber Johnson Four motion attachment 3 139 00 417 OOT MCT Onsite Install Onsite Installation includes trip charge 3 530 00 1,590 00 Shipping Outbound Shipping 1 150 00 150 00 p Subtotal $17,127 00 Sales Tax (8.3%) $1 277 12 Total $18,404 12 Page 2 Attachment 3 October 1,2010 to September 30,2011 Budget Overview GRIC Other In-Kind Expenditure Request Funder Expense Total Equipment 18,405 0 0 18,405 Equipment Preparation 0 6,300 0 6,300 Total 18,405 6,300 0 24,705 Expenditure Detail Equipment 18,405(Requested) After extensive research by the command staff, the Department proposes to purchase the Panasonic Toughbook 30 MIL-STD-810F certified for ruggedness, the award-winning Toughbook® 30* offers the ultimate in durability The fully-rugged mobile computer features Windows Vista® Business(with XP downgrade option), a 13 3"optional sunlight-viewable 1,000 nit touch screen display, Intel®Centrino®2 with vProTM technology, and 160GB shock-mounted HDD. In addition,the Toughbook 30 is mobile broadband ready,comes standard with draft-n Wi-Fi and Bluetooth,with optional integrated GobiTM 3G global mobile Internet (WWAN) The rugged, reliable Toughbook 30 enables real-time access to information, even in the harshest environments Equipment Preparation 6,300(City) License for laptops 4,557 $1,519/unit x 3 units Sprint Modems for laptops 1,548 $43/unit per month x 3 units x 12 months Laptop configuration 195 $65/unit x 3 units II 1 CPYID 4.4 AM. C10 of Apache junctton Home o f`the Superrtztron Al ountains a Print TO: City Manager's Office FROM: George Hoffman, City Manager DATE: June 14, 2010 Agenda Type : Work Session Agenda Council Priority Focus Area: TITLE OF AGENDA ITEM: DISCUSSION ON THE PROPOSED TENTATIVE FISCAL YEAR 2010-2011 CITY BUDGET ACTION REQUESTED: DISCUSSION/BACKGROUND INFORMATION: FISCAL IMPACT. OPTIONS/ALTERNATIVES: RECOMMENDATION: ATTACHMENTS: Click to download No Attachments Available