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Home My WebLink About2012 02.06 City Council Work Session Agenda Pp AC Ht • City of/Ipache junction u z Home of the Supe'r:+7ttian :%1 onf,tzrtns APACHE JUNCTION CITY COUNCIL WORK SESSION CITY COUNCIL CHAMBERS 300 EAST SUPERSTITION BOULEVARD APACHE JUNCTION,ARIZONA 85219 Monday, February 6, 2012 7:00 PM AGENDA 1 CALL TO ORDER. 2 ROLL CALL. 3. PRESENTATION AND DISCUSSION ON PROPOSED CASES PZ-3-11 AND SD-1-11, REQUESTS BY ADAMS CONSTRUCTION COMPANY AND PATHFINDER TRF THREE LLC, REPRESENTED BY BEUS GILBERT PLLC, FOR A PLANNED DEVELOPMENT MAJOR AMENDMENT AND RE-PLAT OF THE FORMER "VILLAS AT SUPERSTITION MOUNTAIN PHASE 2". The CR-5/PD(Multiple Family Residential by Planned Development Overlay)zoned property at the 1100 block of N Idaho Road, across the street from the library,was zoned and platted for a two-story, 197-unit,townhomes development which went into default and was never completed The new owners wish to re-plat the property for 88,one-story townhomes,built as duplexes,under the State's Low Income Housing Tax Credit Program 4 PRESENTATION AND DISCUSSION WITH ERIN COLLINS, OF ERIN P. COLLINS AND ASSOCIATES, INC., ON THE FEASIBILITY OF THE METRO PHOENIX MUNICIPAL EMPLOYEE BENEFIT TRUST STUDY. City of Apache Junction staff has been exploring alternatives to its current benefits in order to reduce overall associated costs without reducing benefits for its employees The Metro Phoenix Municipal Employee Benefit Trust is one of the options being reviewed Erin Collins will provide an overview of the methodology and processes involved with forming this health pool. 5. PRESENTATION AND DISCUSSION ON THE INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF APACHE JUNCTION AND THE APACHE JUNCTION UNIFIED SCHOOL DISTRICT. 6 PRESENTATION AND DISCUSSION ON PROPOSED RESOLUTION NO. 11-12, DECLARING THAT CERTAIN DEDICATED PUBLIC RIGHT-OF-WAY, BEING A PORTION OF SIESTA STREET BETWEEN HILTON ROAD AND GOLDFIELD ROAD ARE NO LONGER NECESSARY FOR PUBLIC USE AS A ROADWAY AND ARE HEREBY VACATED AS PRESENT AND FUTURE PUBLIC RIGHT-OF-WAY Public works staff desires to alleviate the encroachment issues along the portion of Siesta Street between Hilton Road and Goldfield Road. In order for the city to remedy these issues staff has initiated a vacation of that roadway easement.Three of the four parcels on Siesta Street between Hilton Road and Goldfield Road are encroaching and obstructing Siesta Street In addition,the portion of Siesta Street from Hilton Road to Goldfield Road has never been opened as a public road. Resolution No 11-12 vacates that portion of Siesta Street which is city owned,and Resolution No 11-13 extinguishes the remaining portions which are easements for roadway purposes 7. PRESENTATION AND DISCUSSION ON PROPOSED RESOLUTION NO. 11-13, DECLARING THAT PORTIONS OF PUBLIC ROADWAY EASEMENTS LOCATED ON SIESTA STREET FROM HILTON ROAD TO GOLDFIELD ROAD ARE NO LONGER NECESSARY FOR PUBLIC USE AS PUBLIC ROADWAY EASEMENTS AND ARE HEREBY EXTINGUISHED AS PRESENT AND FUTURE PUBLIC RIGHT-OF-WAY. Public works desires to alleviate the encroachment issues along the portion of Siesta Street between Hilton Road and Goldfield Road. In order for the city to remedy these issues staff has initiated a vacation of that roadway easement.Three of the four parcels on Siesta Street between Hilton Road and Goldfield Road are encroaching and obstructing Siesta Street In addition,the portion of Siesta Street from Hilton Road to Goldfield Road has never been opened as a public road. Resolution No 11-12 vacates that portion of Siesta Street which is city owned,and Resolution No. 11-13 extinguishes the remaining portions which are easements for roadway purposes 8. PRESENTATION AND DISCUSS ON PROPOSED RESOLUTION NO. 12-02, . _Z'.LARING THAT PORTIONS OF PUBLIC ROADWAY EASEMENTS LOCAL i_v ON FIRST AVENUE AND SECOND AVENUE FROM WAGONWHEEL ROAD TO GOLDFIELD ROAD, AND WAGONWHEEL ROAD FROM FIRST AVENUE TO SECOPID AVENUE ARE NO LONGER NECESSARY FOR PUBLIC USE AS PUBLIC ROADWAY EASEMENTS AND ARE HEREBY EXTINGUISHED AS PRESENT AND FUTURE PUBLIC RIGHT-OF-WAY. An extinguishment of roadway easements on First Avenue and Second Avenue from Wagonwt eel Road to Goldfield Road, and Wagonwheel Road from First Avenue to Second Avenue has been requested by the adjacent property owners,who desire the use of these areas for setbacks Staff has reviewed the submittal and has no technical objections since the use of the federal patent easements are not feasible or needed 9 CONSIDERATION OF MOTOROLA, INC. COMMUNICATIONS SYSTEM FINANCIAL AGREEMENT(LEASE) IN AN AMOUNT NOT TO EXCEED$77,709.70. Staff respectfully requests council approval to enter into a financial lease agreement with Motor)1a, Inc for the purchase of hand held radios in the Apache Junction Police Department's Communications Center This agreement will be retroactive back to the Council approval on December 6, 2011 to enter into a lease for the replacement of existing hand held radios. 10. PRESENTATION AND DISCUSSION OF PROPOSED ZONING CODE TEXT AMENDMENT REGARDING ACCESSORY BUILDING DESIGN, HEIGHT AND SIZE REQUIREMENTS. The Planning and Zoning Commission has recommended city council approval of a Zoning Code text change to amend certain design, height and size requirements for accessory buildings. Staff will present these recommended changes for council review and discussion. 11. ADJOURNMENT. Copies of this agenda and additional information regarding any of the items listed above may be obtained from the City Clerk's office. 300 East Superstition Boulevard,Apache Junction,AZ Monday through Thursdays, 7.00a—6.00p,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. O� Pp ACktjo City of/p�rche junction z Home ome of the .S lapel-tatlon Mountains ounta//ns 4Przgel Print TO: City Manager's Office FROM: Rudy Esquivias, Senior Planner/Zoning Admin. DATE: February 6, 2012 Agenda Type : Work Session Agenda Council Priority Focus Area: Additional Item Outside Scope of Identified Council Priorities TITLE OF AGENDA ITEM: PRESENTATION AND DISCUSSION ON PROPOSED CASES PZ-3-11 AND SD-1-11, REQUESTS BY ADAMS CONSTRUCTION COMPANY AND PATHFINDER TRF THREE LLC, REPRESENTED BY BEUS GILBERT PLLC, FOR A PLANNED DEVELOPMENT MAJOR AMENDMENT AND RE-PLAT OF THE FORMER"VILLAS AT SUPERSTITION MOUNTAIN PHASE 2". ACTION REQUESTED: Presentation and Discussion DISCUSSION /BACKGROUND INFORMATION: The CR-5/PD (Multiple Family Residential by Planned Development Overlay) zoned property at the 1100 block of N. Idaho Road, across the street from the library,was zoned and platted for a two-story, 197-unit,townhomes development which went into default and was never completed The new owners wish to re-plat the property for 88, one-story townhomes, built as duplexes, under the State's Low Income Housing Tax Credit Program FISCAL IMPACT: Budgetary Approval Not Required OPTIONS/ALTERNATIVES: Zoning Ordinance Requirement RECOMMENDATION: On January 10, 2012,the Planning and Zoning Commission recommended approval of both the PD amendment and pre-plat requests by a vote of 6 to 1, subject to all of staff's recommended conditions of approval ATTACHMENTS: Click to download ❑ PZ-3-11 SD 1-11 Council WS memeo ❑ Info on LIHTC Program ❑ Lease Agreement ❑ Purchase Sales Analysis ❑ Letter from St.G.PD ❑ Letter from Insurance co. ❑ New Protest Petitions ❑ Revised Prelim. Plat ❑ Proposed Final Plat ❑ PZ Staff Report from 1-10-12 ❑ Attachments to PZ staff report kpQAGM J ti ."` , z City of Apache Junction 4R+ °,4P Development Services Department Date February 6, 2012 To: Honorable Mayor and City Council Members Through George Hoffman, City Manager From Brad Steinke, Development Services Director and Rudy Esquivias, Senior Planner/Zoning Admin. Subject: PZ-3-11/SD-1-11 Apache Junction Townhomes Project Background Adams Construction Co has applied for a Planned Development (PD) amendment and subdivision plat approval to construct 88 townhome units (constricted as duplexes) on 14.22 acres of land directly across the street from the Library. This proposed development would replace the previously approved 197" unit multi-family condominium project that went into default Staff has reviewed the proposed development plan and subdivision plat and finds that both are in compliance with our Zoning Code and 2010 General Plan. Council members may recall that the 2010 General Plan's Housing Element encourages, among other things, the development of quality affordable housing The applicant has agreed to comply with our recommendations to provide an extensive landscape buffer along Idaho Road, complete street improvements along Plaza Drive, include an expanded open space tot lot area to complement their community center/swimming pool area, provide detailed four-sided architecture and locate their air conditioner units on the ground, along with all of the other staff-recommended conditions of approval on both the Planned Development major amendment request and the preliminary plat The applicant is intending to construct this project in accordance with the Low Income Housing Tax Credit Program ("LIHTC"). A description of the LIHTC program is attached to this memo Since staff is mindful of the political issues related to affordable housing, we conducted some due diligence on the developer and their projects in Arizona and Utah After visiting the sites and receiving testimonials from elected officials in cities where they have developed their projects, it was clear that Adams Construction followed through on their promises and does a great job with their property management. The applicant will be responsible for providing information that will substantiate this finding. Planning and Zoning Commission Recommendation On January 10th, the Planning and Zoning Commission held a public hearing regarding the development plan and subdivision plat As expected, the Council Chambers was full of Quail Creek residents who generally opposed the LIHTC status of the project. Their concerns included increase in criminal activity, loss of property values, negative impact on the road and school systems, transient renter population and property maintenance. The applicant responded that the LIHTC program is much different than Section 8 housing and that their lease agreement (attached) and screening process for tenants is very restrictive He pointed to their continued success with existing projects in other communities as a positive resume for their project (see letters attached) The applicant also said that there is no statistical connection between their LIHTC projects and increased crime or decreased property values. The applicant further indicated that the rental range was likely to be between $500 to $600/month and that the units may be sold to the tenant after 15 years with a credit for the rent they have paid Additionally, the applicant indicated that at least 60% of the units would be rented to households making < $23,000/year and at least 20% of the units would be rented to households making<$18,760/year(see purchase sales analysis) After further discussing the matter, Commissioners voted 6-1 to recommend to the City Council the approval of both the PD Amendment and the subdivision plat subject to the conditions listed in the staff report. The dissenting vote was cast because of concerns having to do with the individual units not having individual private yards and the costs that may have to be absorbed by a future HOA in maintaining large amounts of common area. As a result of that concern, the applicant has presented a proposed final plat, revising the lots to show both front and rear private yards Council Meeting Schedule The Council is scheduled for a work session on these matters (PD amendment, preliminary plat and final plat) at their February 6th meeting, and public hearing and possible action on February 21sL If Council members have any questions regarding this application, please feel free to call either Rudy Esquivias (480-474-2645)or me (480-474-5082). Attachments Info on LIHTC Program, Lease Agreement, Purchase Sales Analysis; Letter from St George, Utah PD, Letter from Adams' Insurance carrier, Newly received Protest Petitions, Revised Preliminary Plat, Proposed Final Plat; PZ Staff Report from Jan 10,2012,Attachments to 1/10/12 PZ Report, Proposed Models and Elevations, PD Plan/Pre-Plat Drawing and Landscape Plan (these last three NOT included as electronic attachments) Low Income Housing Tax Credit Program Program Description As part of the Tax Reform Act of 1986, the United States Congress created the Low-Income Housing Tax Credit(LIHTC) (IRC Section 42) Program to promote the development of affordable rental housing for low-income individuals and families To date, it has been the most successful rental housing production program in Arizona, creating thousands of residences with very affordable rents. The Low-Income Housing Tax Credit, rather than a direct subsidy, encourages investment of pri rate capital in the development of rental housing by providing a credit to offset an investor's federal income tax liability. How Tax Credits Work A low-income housing tax credit is a dollar-for-dollar credit against the federal income tax liability of the owner(developer or investor) of a low-income housing development. Tax credits that are allocated to a development are claimed in equal amounts for a 10-year period The rental prc perty generating the credit must remain in compliance with the program guidelines and rent restriction requirements for a period of not less than 30 years from the first taxable year of the credit period The amount of tax credits available for allocation each year by ADOH is established pursuant to certain requirements of the Internal Revenue Code Tax Credits are awarded for specific developments pursuant to ADOH's LIHTC Qualified Allocation Plan Tax Credits must be allocated by ADOH to a specific development in order for such credits to be claimed by the developer or investcr The procedures followed by ADOH in awarding credits are described in the current Qualified Allocation Plan (QAP) Eligible Developments In order to be considered for Tax Credits in Arizona, the proposed development must involve new construction, substantial rehabilitation or acquisition and substantial rehabilitation A development qualifies for low-income housing tax credits if it is residential rental property and meets one of the following requirements • At least 20%or more of the residential units in the development are bo:h rent restricted and occupied by individuals whose income is 50% or less of the area median gross income (AMGI)*, or • At least 40%or more of the residential units in the development are bo;h rent restricted and occupied by individuals whose income is 60% or less of the area median gross income (AMGI)* Tax Credits may only be claimed on units that have been set aside for participation under the program Since Tax Credits are awarded on a competitive basis, ADOH's Qualified Allocation Plan (QAP) encourages "targeting"of the units to income levels lower than the federal limit;; described above * The median income tables are established and adjusted annually by HUD. KATHERINE HEIGHTS TOWNHOMES III 1207 POWERLINE ROAD #A BULLHEAD CITY,AZ 86429 928-404-4691 Residential Lease Agreement ,IN This is a legally binding contract Read the entire document carefully before signing This Residential Lease Agreement("Lease")is made this day of 20 ,by and between KATHERINE HEIGHTS TOWNHOMES III_LLC (the"(honer"),and (individually and collectively the"Resident") 1 PREMISES AND PURPOSE§ a. Owner leases to Resident a residential unit located at # City/Town of Bullhead City State of Arizona(the"Premises"),located within KATHERINE HEIGHTS TOWNHOMES III (the"Complex"),for use by Resident and the following member(s)of Resident's household and their respective relationship to Resident(the"Other Occupants")as a residence NAME RELATIONSHIP Resident may not assign this Lease or sublet any portion of the Premises. Occupancy by persons other than Resident and Other Occupants staying at the Premises in excess of ten(10)consecutive days,without written consent of Owner,is prohibited At no time shall the Resident or Other Occupants permit any party who has been evicted for cause from the Complex to stay at the Premises. Any Resident or Other Occupant who permits a party(1)to stay or remain at the Premises,or(2)who is a registered sex offender in violation of this Section shall be in default under this Lease and in violation of IRC Section 42 guidelines Resident and the Other Occupants acknowledge and agree that any party not permitted to stay or remain at the Premises as set forth in this Section may be asked to leave the Premises by the Owner or be deemed to be trespassing in violation of A R.S § 13- 1502 The term"Owner"as used in this Lease shall include Owner's authorized agent and property management personnel, unless the context requires otherwise b Resident shall be entitled to use the parking lot area designated for the Premises,together with joint use of walk-ways,stairways,laundry rooms,swimming pool,playground area and landscaping areas which are for common use by tenants of the Complex(the"Common Areas") Resident's use of the parking lot and Common Areas shall be subject to this Lease and to reasonable rules and regulations promulgated by Owner from time to time,including those attached hereto as Exhibit A c Resident shall not operate any business from the Premises or Complex and shall not engage in any activity that is illegal,as contrary to municipal,state or federal laws,health codes,or regulations,or that may cause an increase in insurance premiums for insurance coverage on the Premises or Complex,nor shall Resident engage in any activity that may cause or permit any hazardous substance or material to be stored,used or disposed of in the Premises or the Complex Page 1 of 18 Initial II f{! 2. TERM. The initial term of this Lease shall commence on the day of .20 (the "Commencement Date"),and continue until the day of ,20 At expiration of the initial term,this Lease will automatically renew on a month-to-month basis,unless written notice of termination is given at least fifteen(15)days prior to the expiration of the initial term,or unless otherwise terminated due to default in the performance of this Lease. Resident shall be entitled to possession of the Premises on the Commencement Date,unless the Premises is not ready for occupancy,in which event Owner shall not be liable to Resident for any damages,but rent shall abate until Owner provides Resident with possession Any month-to-month tenancy shall commence on the first day of a month and terminate only on the last day of a month Throughout this Lease,"term"shall include the initial term and any period during which Resident occupies the Premises 0.044 as a month-to-month tenant,unless the content requires otherwise 3 RENT AND LATE FEES. a Monthly rent under this Lease shall be $ .payable in advance on the 1st day of each month to Owner at the address set forth herein,or to such other person or address as Owner may hereafter designate The first month's rent shall be deposited on the date of this Lease and may be prorated if the Commencement Date is a date other than the first day of a month In the event of a month-to-month tenancy,Owner may increase the rent after providing written notice to Resident and any such increase shall become effective no less than thirty(30)days after such written notice Owner may, without notice,require payments in money orders or cashier checks and shall not be required to accept personal checks b Resident acknowledges that Owner is relying on the timely payment of rent by Resident in order to meet Owner's financial obligations No cash will be accepted In the event Resident fails to make any rent payment by 1 00 p.m,on the fifth(5th)day of the month for which rent is due,the rent payment shall be deemed late and Resident shall pay a late fee of$20 00,together with an amount equal to$10.00 multiplied by the number of days that the payment of rent is late In the event of a dishonored check,in addition to any late fee,Resident agrees to pay a$30 00 dishonored check fee and to replace any dishonored check with certified funds within twenty-four(24)hours notice of the dishonored check If the dishonored check is not replaced with certified funds within the 24 hour period,late charges will be charged,as detailed above,retroactive to the 5'h day of the month Thereafter,Owner shall be entitled to require that any and all future rent payments be made with a money order or certified check c In the event,Owner determines to serve any notice upon Resident due to Resident's failure to pay rent,violation of the rules and regulations,or violation of any other terms or conditions of this Lease,Resident shall be liable to Owner for all costs incurred in preparing and serving any such notice. As used in this Lease,rent shall mean all monetary obligations of Resident under this Lease,including,but not limited to,monthly rent,Treble damages due to illegal detainer,late fees,service fees,attorney fees,damages,court costs,and security deposits However,for accounting purposes only,payments shall be apphed in the following order,first to damages,security deposits,late fees,service fees,month to month fees,court costs,attorney fees,and any and all other amounts due,and lastly to rent d All monetary obligations of Resident under this Lease,including,but not limited to,monthly rent,late fees,service fees,attorney fees,utilities,court costs and expenses,together with all interest and penalties that may accrue thereon in the event of the failure of Resident to pay those items,and all other damages,costs,expenses,attorney fees and other sums that Owner may suffer or incur,or that may become due,by reason of any default of Resident,or failure by Resident to comply with ^ the terms and conditions of this Lease,shall be deemed to be rent,and,in the event of nonpayment,Owner shall have all the rights and remedies against Resident as provided herein for failure to pay rent e Resident's right to possession and Owner's obligations of performance hereunder are expressly contingent on prompt payment of rent,and Resident's right to possession and quiet enjoyment is subject to the condition that the rent is paid on time. Payment of rent shall be an independent covenant and all payments received by Owner shall be applied first to non-rental obligations,at the sole discretion of Owner,and lastly to monthly rent,regardless of notations on checks or other requests or instructions of Resident. 4. SECURITY DEPOSIT Resident shall deposit with Owner,on the date of this Lease,a security deposit in the amount of$ (the"Security Deposit"),which shall be held by Owner to secure the faithful performance of Resident's obligations contained herein It is expressly acknowledged and agreed by the parties that the Security Deposit may not be transferred to another premises,should Resident move to another premises within the Complex Owner shall have no obligation to pay interest to Resident on the Security Deposit During the term of this Lease,any sums due or owing by Resident to Owner may,at any time,be applied from the Security Deposit,in which event Resident agrees to reimburse the Security Deposit within five(5)days after notice and request Resident may not apply any portion of the security deposit to any month's rent Page 2 of 18 Initial Upon termination of Resident's tenancy herein created,Owner may deduct from the Security Deposit amounts sufficient to pay. (i) any damages sustained by Owner as a result of Resident's nonpayment of rent,and (u) any other damages,costs or expenses,including attorney fees,arising as a result of a failure of Resident to comply with the terms of this Lease. The refundable portion of the Security Deposit will be refunded to Resident if all of the conditions of this Lease are fulfilled,including a The initial term has expired or the Lease has been terminated without default of Resident and Resident has does not holdover "Holdover"means that Resident is still in possession of the Premises after either party ^ has given the other notice of termination and the time provided in the notice has expired b Resident has provided a thirty(30)day written notice of intent to vacate to Owner prior to the original date of termination or original expiration and/or thirty(30)days prior to the last day of the month Resident intends upon vacating This provision does not allow Resident to terminate the Lease prior to the expiration of the initial term c. Resident has no other monies due pursuant to any term or condition of this Lease or any other amounts due to Owner from any other agreement,arrangement,or indebtedness d. Resident has thoroughly cleaned the Premises,appliances,fixtures,cabinets,and windows Resident acknowledges that Owner will professionally clean the carpets within the Premises,which expense will be deducted from the Security Deposit and that there are specific charges that the Owner may charge for other cleaning or for damages Those charges are agreed to by Resident and Resident does affirmatively agree to have Owner or Owner's agent inspect the Premises prior to move-out The Owner will be entitled to deduct from the Security Deposit monies due pursuant to the Owner's cleaning charge list and all other reasonable charges to accomplish cleaning or repair from damage to allow the Premises to be re-rented e Resident supplies the Owner with a forwarding address,in writing,stating where the deposit,if any,is to be sent f All individuals using or occupying the Premises have surrendered the Premises to Owner,all keys to the Premises,mailbox,and all other keys and garage door openers related to the Premises are delivered to the Owner or Owner's agent Resident agrees that in the event of an eviction process,resident will pay a maximum fee of$90 00 to have residence re-keyed g It is the Resident's obligation to provide Owner with all required notices prior to move-out and arrange for an inspection of the Premises by Owner or his agent using the Move-In and Move-Out Inventory and Condition Form Resident agrees to the charges as Stated and as may be amended on the Move-Out Form In the event there are charges in Excess of the security deposit,Resident agrees to pay such amount upon demand h After having deducted any amounts due from Resident,Owner shall refund the balance,if any,of the Security Deposit to Resident and shall provide Resident with an itemized statement of any deductions,in accordance with the provisions of Arizona law Resident shall be responsible for providing a forwarding address to Owner upon termination of this Lease ^ 5. MOVE-OUT NOTICE. In the event of a month-to-month tenancy,at least thirty(30)days written notice of intent to vacate must be given to Owner or Owner's agent by Resident prior to move-out. Rent for the last month of the Lease must be a full month's rent,without any proration 6. ILLEGAL ACTIVITY Resident may be evicted from the Premises without further notice or opportunity to cure for any illegal activity conducted by Resident,Other Occupants,agents,guests and invitees of Resident,whether or not such activity is cited by a law enforcement authority and whether or not such activity occurred on or near the premises. 7. DRUGS. Resident,Other Occupants,agents,guests and invitees of Resident,or any other person under the Resident's control shall not engage in any drug-related criminal activity "Drug related criminal activity"includes,but is not limited to,the illegal possession,manufacture,sale,distribution,use or possession with intent to manufacture,sell,distribute,or use a controlled substance. It is understood and agreed that a single violation shall be good cause for termination of the Lease Unless otherwise provided by law,proof of violation shall not require criminal conviction,but shall be by a preponderance of the evidence Page 3 of 18 Initial Amok etS 8 FEDERAL DERAL LOW INCOME HOUSING. Resident acknowledges that t this project is operated pursuant to the rules and regulations of the Federal Low Income Housing Tax Credit program(the"Program")and that Owner is bound by the rules,regulations,procedures and requirements of the Program The Program dictates the monthly rent which may be charged for the Premises The Program also requires that the Premises be leased to"Qualified Households"as defined by Section 42 of the Internal Revenue Code Notwithstanding any other provision of this Lease,in the event that Resident fails to meet the requirements of a Qualified Household,or in the event that Resident fails to cooperate in providing timely,complete and accurate information reasonably necessary to determine if Resident meets the requirements of a Qualified Household,or if Resident fails to immediately advise Owner of any change to Resident's household income or other facts or circumstances relevant to the requirements of a Qualified Household,this Lease may be terminated immediately by Owner Resident hereby agrees to comply with the Program requirements set forth in Exhibit B,attached hereto and incorporated herein by this reference Resident further agrees that any violation of the provisions of this Section 8 or the Program requirements set forth in Exhibit B shall constitute a material violation of this Lease for which this Lease and any nghts of Resident hereunder may be terminated 9 RULES AND REGULATIONS Resident,Other Occupants,agents,guests and invitees of Resident shall abide by all rules and regulations which may be attached hereto as Exhibit A,or which may be adopted or modified by Owner hereafter Such rules may regulate use of Common Areas,noise,odors,disposal of refuse,parking and other matters. Resident understands that Other Occupants,agents,guests and invitees are bound by these provisions and that Resident is liable for the conduct,actions and any damages caused by such persons 10 EMERGENCY REPONSE TIME. All Katherine Heights units are equipped with fire sprinklers. Due to the rural location of Katherine Heights it has been determined that the response time for emergency medical technicians to arrive at the property is at least six minutes The response time for the Bullhead City Fire Department is at least 11 minutes (This information supplied by the Bullhead City Fire Department). 11. RELEASE OF RESIDENT. Resident will be subject to the same release standards as imposed by savings and loan and mortgage companies,(i e Resident will not be released on grounds of voluntary or involuntary school withdrawal or transfer,voluntary or involuntary business transfer,marriage,divorce,loss of co-residents,bad health,voluntary enlistment into the Armed Services,problems with other tenants or any other reasons,unless otherwise provided in this Lease) If Resident vacates prior to the expiration of the term,this Lease shall remain in full force and effect,with all monies and future rent immediately due and payable In the event Resident files a bankruptcy during its tenancy,Resident shall be deemed to occupy the Premises as a tenant at will with rent payable daily and calculated at the monthly rate divided by 30,all other obligations shall remain in effect 12. PREMISES CONDITION. a Resident accepts the Premises and Common Areas as being clean,safe,sanitary and m good order and repair,in their existing condition,except as may be otherwise noted on an Inspection Checklist,attached hereto as Exhibit C, which Inspection Checklist was completed by the parties prior to,or concurrent with,Resident's occupation of the Premises Resident agrees that no representations,statements or warranties,express or implied,have been made by or on behalf of Owner with respect to the condition of the Premises,except as contained in the provisions of this Lease,and Owner shall in no event be liable for any latent defects Resident agrees that locks and latches are acceptable,subject to Owner's duty to make needed repairs upon request of Resident Upon payment of a reasonable charge,Resident shall have the right to require Owner to change(re- key)a door lock Resident may not place its own locks on the Premises b Resident shall maintain the Premises in a clean and sanitary manner,including all appliances,fixtures, carpets and furnishings Resident shall not litter,damage or destroy the Common Areas or any part thereof Not more than forty eight(48)hours after expiration or termination of this Lease,an inspection of the Premises shall be conducted,using an Inspection Checklist substantially similar,to the form of Exhibit C hereto Said checklist shall be used to aid Owner in determining what,if any,damages or expenses should be the responsibility of Resident 13 WATER LEAKS AND/OR MOLD. Resident agrees to and is obligated to immediately notify the property manager of any suspected water leaks,moisture problems or mold in the dwelling unit or common areas 14 REPAIRS AND MAINTENANCE a Owner shall make repairs,structural or otherwise,to the exterior of the Premises,except that Owner shall not be obligated to make any such repairs if the need for the same is caused by the intentional or negligent acts or omissions Page 4 of 18 Initial of Resident,or Other Occupants,agents,guests,or invitees Resident shall request all repairs and services in writing from Owner, except in extreme emergency Resident shall notify Owner immediately of any damages to the Premises or of any malfunctions or damage to any appliances,fixtures,or furnishings within the Premises Owner shall act with due diligence to make repairs and rent shall not abate during the period of repair In the event of substantial damage to the Premises,as determined at the sole discretion of Owner,this Lease may be terminated by giving written notice to Resident If this Lease is so terminated by Owner, then rent shall be prorated and any excess or prepaid rent shall be refunded to Resident Owner shall also,at its own expense, clean and maintain the Common Areas b Resident shall make all repairs to the Premises, the Complex or Common Areas caused by the intentional or negligent acts or omissions of Resident,or Other Occupants,agents,guests,or invitees,and shall make all repairs to the interior walls of the Premises and to the doors,ceiling and floors of the same and shall repair all damage to glass and windows in the Premises Resident shall pay for and replace smoke detector batteries as needed c Resident agrees to reimburse Owner promptly for the cost and expense of repairs and replacements associated with any loss,or property damage caused by negligence,intentional misconduct,or improper use by Resident,Other Occupants,agents,guests or invitees Such reimbursement shall be due from Resident upon demand of Owner. Demand for such reimbursement shall not be waived due to passage of time,but may be demanded at any time,including after Resident vacates the Premises d It is agreed that Owner cames insurance for its protection and that Resident is not a beneficiary of such insurance Resident shall be responsible to Owner for the cost of repairs for damages,as stated herein,regardless of insurance coverage held by Owner 15. RIGHT OF ENTRY. Owner may enter the Premises during reasonable hours,with advance notice,in order to inspect,make repairs provide general or preventive maintenance,replace filters,leave any notices or other reasonable business purposes while Resident is present in the Premises. If resident is not present at the Premises,then Owner will have the same right to make such entries by duplicate or master key,but will leave written nonce of and the reason for any such entry made If,in the Owner's opinion,there exists an emergency or a violation of this Lease,Owner may enter without notice at any time for any inspection,repair,or to determine the condition or occupancy of the Premises It is the intent of the parties hereto that this provision grant to Owner immediate access if the Resident is in default of any term of this Lease and that this provision be interpreted with the existing law to grant as broad and timely access as possible and permissible. 16 ALTERATIONS,ADDITIONS AND IMPROVEMENTS. a No alterations,changes,additions or improvements may be made in and to the Premises without Owner's written consent All additions,changes,alterations and other improvements erected or placed on the Premises at any time by Resident shall become the property of Owner as made Any alterations,additions,changes or improvements shall be made only upon the express condition that all such work shall be paid for as made and this Lease shall not grant Resident authority to bind or obligate Owner or encumber fee title to the Premises or the Complex b No paint,wallpaper,stickers,or other similar items may be placed on or attached to the doors, windows,walls,cabinets,appliances,fixtures,ceilings,countertops or other parts of the Premises,whether interior or exterior, without Owner's written consent. 17 INDEMNITY. Resident shall indemnify Owner against all expenses,liabilities and claims by or on behalf of any person or entity,including reasonable attomey's fees,arising out of the following a a failure by Resident to perform any of the terms or conditions of this Lease, b any injury,death or damage happening on or about the Premises caused by the fault or negligence of Resident,or Other Occupants,agents,invitees,or guests, c any injury,death or damage happening on or about any portion of the Complex or the Common Areas caused by the fault or negligence of Resident,or Other Occupants,agents,invitees,or guests; d a failure by Resident to comply with any law,ordinance or regulation of a governmental authority,or e any injury,death or damage caused by Owner's agents or employees in rendering services requested by Resident but not contemplated in this Lease 18. LIMITED LIABILITY. Owner will not be liable for any injuries to persons or damage or loss of property caused by any resident or any other person including,but not limited to,any theft,burglary,assault,vandalism or other crimes. Page 5 of 18 Initial Owner shall not be liable for personal injury to Resident or any other person,or for damage to,or loss of,any personal property from any cause whatsoever,including but not limited to fire,flood,water leaks,theft,rain,hail,ice,snow,smoke,structural problems,explosions,interruptions of utilities,act of God,or acts of Owner or its agents,unless such injury,damage or loss is caused by gross negligence or intentional acts of Owner or its agent. OWNER STRONGLY RECOMMENDS THAT RESIDENT SECURE RENTER'S INSURANCE TO PROTECT AGAINST ALL OF THE ABOVE OCCURRENCES 19 DISABILITY It is the policy of Owner to reasonably accommodate occupants with handicaps and disabilities,as defined under state and federal laws It is agreed that Resident shall notify Owner of any need relating to a disability or handicap in writing to insure that proper procedures are implemented to comply with existing laws In the event Resident fails riS to notify the Owner in writing,Owner shall not be liable for damages suffered by Resident. It is agreed that Owner is under no obligation to accommodate Resident until Resident has provided Owner with proper notification with supporting documentation of any handicap or disability 20 EARLY VACATE If Resident vacates,abandons,is evicted from,or otherwise ceases to occupy the Premises prior to the expiration of the initial term,or prior to the expiration of any renewal term thereafter,Resident shall be liable to Owner for all unpaid rents under this Lease,subject to Owner's legal obligation to mitigate its damages,together with damages that may be assessed pursuant to this Lease and for costs incurred by Owner,which may include,but are not limited to, rent lost between the date the Resident vacates the Premises and the date the Owner re-rents the Premises,leasing agent costs, advertising expenses,turnover expenses,and other costs incidental to re-renting the Premises 21. MILITARY CLAUSE. In the event Resident is or becomes a member of the Armed Forces and is called to extended active duty and receives change of station orders to permanently depart the local area,then Resident may terminate this Lease by giving thirty(30)days written notice,provided Resident is not otherwise in default under this Lease Resident agrees to furnish Owner a certified copy of Resident's official orders which warrant termination of this Lease Permission for base housing does not constitute a permanent order 22 LEASE APPLICATION FEE. Any lease application fee charged by Owner in processing Resident's lease application shall be deemed to apply to the operational costs of Owner for preparation of documents,files,criminal background checks,credit and historical verifications,and such other costs incident to the leasing of the Premises 23 CREDIT CHECKS. Resident hereby authorizes Owner to conduct background,criminal history,and credit checks at any time after application,throughout the term of this Lease and for so long as Resident has any outstanding monetary obligation owing to Owner 24 UTILITIES Utilities shall be used for ordinary household purposes only Owner will provide and pay for all utilities except those listed below or those for which a separate agreement is entered into concurrently All utility services whether provided by Owner or Resident,are subject to interruption or temporary termination for the purpose of repairs, alterations,or improvements to the Premises or for emergency reasons Any such interruption or temporary termination of utility service shall not constitute a default by Owner,nor is Owner liable for interruption or termination In any event,Resident shall be responsible for its own telephone service, cable service (unless specifically stated otherwise), and any other optional service which may be deemed a utility. Utilities to be paid and established by Resident ELECTRICITY 25. NO SMOKING ALLOWED IN THE RENTAL DWELLING. a Smoking is not permitted anywhere inside the rental dwelling and Resident shall not permit or allow smoking inside the rental dwelling by Resident,or Other Occupants,agents,invitees,or guests of Resident Resident acknowledges that smoke from outside the Premises or from adjoining units may drift into the Premises Resident waives any right to a cause of action for a nuisance,pursuant to state or federal law,as it relates to smoke and second-hand smoke This Page 6 of 18 Initial waiver shall apply to Resident and/or Other Occupants,agents,invitees,guests Smoking inside the rental dwelling is a breach of this lease agreement and will be terms for eviction from the property b. All costs of cleaning,de-odorizing,or other damage or loss suffered on account of a violation of this section shall be promptly paid to Owner by Resident. c Smoking is not permitted in any of the common areas of the property—including but not limited to the rental office,clubhouse area,community laundry facility,swimming pool area,playgrounds,basketball court,etc d Cigarettes,ashes,and other debris from smoking must be cleaned up daily Fines can and will be assessed for required clean up of such materials e Please be courteous of neighbors and do not smoke near windows or other rental units where other tenants reside. 26 PETS. See Exhibit C for the Katherine Heights Townhomes and Villas Animal Policy 27 FIRE SPRINKLERS. Each room is equipped with an automatic fire sprinkler and is activated when at high temperatures The resident must not under any circumstance hang or attach anything to the fire sprinklers Likewise,resident must not spray any liquid material on or near any fire sprinkler head Resident will be responsible for any damage caused by non- compliance to this clause 28 NOTICES All notices or communications to be given under this Lease shall be given in writing and shall be deemed given when deposited in the mail to Resident at the Premises address,and to Owner at the address shown below,postage prepaid,registered or certified The address of Owner may be changed by written notice to Resident Nothing herein shall be construed to preclude personal service of any notice in the manner prescribed for personal service of a summons or other legal process 29. SURRENDER OF POSSESSION. a Resident shall,on the last day of the term,or on earlier termination or forfeiture of the Lease, peaceably and quietly surrender and deliver the Premises,free of sub tenancies,to Owner,including all additions,alterations, changes and improvements constructed or placed therein by Resident,in a dean and sanitary condition and in good repair, normal wear and tear excepted Resident shall remove all personal property belonging to Resident and shall repair all damage caused by that removal In addition,Resident shall restore all interior walls,windows and doors to their condition at the time that Resident took possession of the Premises and prior to the time that pictures,mirrors,posters or other similar items were placed thereon b If so directed by Owner,Resident shall restore part or all of the Premises to its condition prior to the time that any alterations,changes,or improvements were made by Resident c Any personal property belonging to Resident,if not removed upon termination,shall,at Owner's election,be deemed abandoned and become the property of the Owner without payment or offset therefore 30. DEFAULT OR BREACH.. Each of the following events shall constitute a default or breach of this Lease by Resident. a If Resident shall fail to pay Owner any rent,additional rent,or late charge on the due date thereof, b If Resident shall fail to perform or comply with any of the non-monetary obligations or conditions of this Lease and c If Resident shall fail to comply with the rules and regulations established by Owner for the Premises and/or Complex 31 REMEDIES ON DEFAULT:WAIVER In the event of any default hereunder,Owner may exercise all rights provided under law and may,in addition,recover from Resident all damages proximately resulting from the default or breach,including,but not limited to,the cost of recovering the Premises or altering or remodeling the same for re-letting,or the cost of exercising any of the remedies provided herein or by law The failure of Owner to insist on a strict performance of any of the terms and conditions hereof shall not be deemed a waiver of the rights or remedies that Owner may have regarding that specific instance unless such waiver is given in writing by Owner,and waiver as to any specific instance shall not be deemed a waiver of any subsequent breach or default in any terms and conditions of this Lease. Page 7 of 18 Initial eiN 32. SUBORDINATION OF LEASE a The parties shall be bound by all existing easements,agreements and encumbrances of record relating to the Premises,and Owner shall not be liable to Resident for any damages resulting from any action taken by a holder hereunder b This Lease shall be subject and subordinate to any mortgage or trust deed that is now on or affects the Premises or that any owner of the Premises may hereafter at any time elect to place on the Premises Resident shall, on request, hereafter execute any documents that Owner may deem necessary to accomplish such subordination of Resident's interest c This Lease shall be subject and subordinate to the provisions of any regulatory agreement with any MI Housing Authority and others that applies to the Premises or Complex 33. ATTORNEY FEES Should any party default in any of the covenants or agreements herein contained,that defaulting party shall pay all costs and expenses,including reasonable attorney fees,which may arise or accrue from enforcing this Lease or in pursuing any remedy provided hereunder or by applicable law,whether such remedy is pursued by filing suit or otherwise The obligation of this Section to pay costs and expenses,including attorney fees,shall apply in all legal proceedings, including,without limitation,all proceedings in the Federal Bankruptcy Court,whether or not they are adversary proceedings or contested matters 34 RESIDENT REPRESENTATIONS In entering into this Lease,Owner has relied on the statements and information provided by Resident in a rental application Any misrepresentations or false statements by Resident shall constitute cause for termination of this Lease 35. TOTAL AGREEMENT.APPLICABLE TO SUCCESSORS Except as provided in Section 19,this Lease,and the exhibits attached hereto,which are incorporated herein,contains the entire agreement between the parties and there are no prior covenants,promises or agreements,either oral or written between them No alteration,amendment,change or addition shall be binding upon the parties,except by a written instrument subsequently executed by the parties hereto This Lease and the terms and conditions hereof apply to and are binding on the heirs,legal representatives,successors and assigns of both parties. 36. JOINT AND SEVERAL LIABILITY In the event of multiple Residents,each Resident shall be jointly and severally liable for the performance of all terms and conditions of this Lease 37. APPLICABLE LAW. This Lease shall be governed by and construed in accordance with the laws of the State 00114 of Arizona 1 38 TIME OF THE ESSENCE Time is of the essence in all provisions of this Lease 39 CAPTIONS The captions contained in this Lease are for convenience only and shall not limit or be relied upon in construing or interpreting the terms and provisions hereof 40 SEPARABILITY If any term,covenant or condition of this Lease,or the application thereof to any person or circumstance shall,to any extent,be invalid or unenforceable,the remainder of this Lease shall not be affected thereby,and each term,covenant or condition of this Lease shall be valid and enforceable to the fullest extent permitted by law 41. LIEN By this Lease,Resident grants to Owner a security interest in any and all property which is placed,held or stored at the Premises or Complex, pursuant to the Resident's occupancy of the Premises This shall include any and all property in the Premises,storage areas,parking lots,or common areas This security interest shall become effective upon any rent Page 8 of 18 Initial or fees being due and unpaid Owner shall have the right to retain such property and utilize it to satisfy any monies due under this Lease. This security interest shall be in addition to the Landlord Lien rights of Owner Owner may inspect the Premises at any time that there is a default by Resident in the payment of rent or other amounts due under this Lease, for the purpose of preparing an inventory of the secured items 42. MOVE-IN DISCOUNTS. Subject to compliance with the terms and conditions of this Lease,Owner shall grant to Resident the following discounts eiN In the event that Resident fails to comply with the terms and conditions of this Lease,Including occupancy through the initial term,Owner shall be entitled to recover from Resident any discounts set forth above 43 "GOOD CAUSE EVICTIONS", The Owner is prohibited by Section 42 of the Internal Revenue Code from evicting you and is prohibited from refusing to renew this lease, other than for "good cause" For this purpose "good cause"shall mean the(1)serious or repeated violation of the terms of this lease or(2)the failure to vacate the premises when they are destroyed or made uninhabitable by fire,flood,or other casualty Serious violations of the terms of this lease include but are not limited to the following smoking on the premises, unauthorized pets, non-payment or late payment of rent,destruction or damage of property, unclean and/or unsanitary living conditions,illegal activity, unauthorized additions to household,repeated violations of other terms in this lease or rules and regulations(Exhibit A),tenant fraud,etc 44. SUBORDINATION AND ATTORNMENT: this Agreement as executed is subordinate to the mortgage or mortgages financing the Premises,which are of record or may become of record during the term of this lease Resident agrees to be the tenant of a new landlord or owner of the Premises upon such new owner's acquisition of the Premises and agrees that foreclosure by a mortgagee shall not void this Lease 45. KEYS AND GARAGE DOOR REMOTE CONTROLS Any keys or remotes not returned upon vacating will be charged to the tenant and will be deducted from the Security Deposit Refund #of house keys #of garage door Pool Key Tag# issued remotes issued 46. MAXIMUM OCCUPANTS PER UNIT; The number of occupants in any given unit may never exceed 2 occupants per bedroom without written consent from management IN WITNESS WHEREOF,this Lease has been entered into the day and year first above written OWNER/OWNER'S AGENT RESIDENT. By. By. Title. By Page 9 of 18 Initial KATHERINE HEIGHT TOWNHOMES III Rules and Regulations Exhibit A The following Rules and Regulations are in addition to the terms of the lease agreement and are established to ensure a quiet,peaceful,and overall high quality of life for all Residents /1 1) NO SMOKING ALLOWED IN THE RENTAL DWELLING. a Smoking is not permitted anywhere inside the rental dwelling and Resident shall not permit or allow smoking inside the rental dwelling by Resident,or Other Occupants,agents,invitees,or guests of Resident Resident acknowledges that smoke from outside the Premises or from adjoining units may drift into the Premises. Resident waives any right to a cause of action for a nuisance,pursuant to state or federal law,as it relates to smoke and second-hand smoke. This waiver shall apply to Resident and/or Other Occupants,agents,invitees,guests. Smoking inside the rental dwelling is a breach of this lease agreement and will be terms for eviction from the property. b All costs of cleaning,de-odorizing,or other damage or loss suffered on account of a violation of this section shall be promptly paid to Owner by Resident c Smoking is not permitted in any of the common areas of the property—including but not limited to the rental office, clubhouse area,community laundry facility,swimming pool area,playgrounds,basketball court,etc d. Cigarettes,ashes,and other debris from smoking must be cleaned up daily Fines can and will be assessed for required clean up of such materials. 2) Pets: See Exhibit C for the Katherine Heights Townhomes and Villas Animal Policy 3) Subletting or Lease Assignment: Resident may not assign this Lease or sublet any portion of the Premises. 4) Common Areas: Any social and/or common areas,such as a swimming pool,must be kept clean and sanitary by Resident Resident shall abide by any additional posted rules and regulations in such areas Sidewalks or walkways shall not be obstructed or used for any purpose other than ingress or egress 5) Conduct: Resident agrees that the conduct of Resident,their guests or other occupants shall not be disorderly, boisterous,or unlawful and shall not disturb the rights,comforts,or convenience of other persons 6) Damages_ Resident shall be liable to Owner for damages caused by Resident,its guests or other occupants 7) Upkeep: The premises and other areas which are reserved for Resident's private use shall be kept clean and sanitary by Resident 8) Alterations: Do not paint or make any alterations to the premises without prior written consent of the Owner 9) Waterbeds: Do not install or use a waterbed on the premises 10) Satellite Dishes: Satellite dishes,antennas,or any other fixtures are not to be installed without permission from property management 11) Oil Leaks: Keep garage floors and driveways free from oil,grease,or rust If any guest or tenant causes such, it must be,upon notifying Resident,cleaned within one week or the Owner will have it cleaned at the Resident's expense The charge for such cleaning is$50 00 per hour 12) Garage Doors: All garage doors are to be kept closed when not in use Garage door remote controls are to be returned upon move out The fee for a lost remote control is$30 00 per remote control 13) Garage Space: Vehicles are to be parked in the garage Garages are to be kept neat,clean,and orderly The purpose of the garage is to store vehicles Any storage in the garage should be limited to the extent that your vehicle can still be parked inside. Do not store anything close to,or in front of the furnace and/or water heater 14) Vehicles. All vehicles must be properly licensed,registered,and in operating condition All RV's,ATV's, trailers,snow mobiles,boats,etc are not allowed to be parked in the driveways or streets Repairs,oil changes, tuning of engines or any other repairs will not be allowed in the driveways or streets Katherine Heights policy is to conserve water as much as practical,therefore there will be no vehicle washing allowed on the Premises 15) Garbage Containers: All garbage containers are to be kept in the garage or on the back patio except on collection days 16) Toys: All bikes and other toys are to be kept on the back patio or in the garage when not in use Management will impound bikes or toys left in the yards or common areas after hours 17) Service Requests: All requests for maintenance and/or repairs should be made to the on-site manager After hours emergencies,will be handled by calling the office number and leaving an emergency message. Emergencies such as fire or life threatening emergencies must first be called to 911,then to the office Page 10 of 18 Initial 18) Supervision of children: All resident and visiting children are to be supervised by an adult Resident agrees to cooperate with other residents and management in care and observance of children. 19) Outside hose bibs: The Arizona Department of Environmental Quality and the Arizona Department of Housing has required that we take every step possible to conserve water Therefore,there will be no resident operated hose bibs on the exterior of the unit. 20) Lawn Care and Rear Yard Care: see exhibit A-1. 21) Other: Tenant further agrees to all additional rules and regulations outlined in the lease agreement. 22) Alterations to Rules and Regulations: The Owner reserves the right to change and/or alter any rules and regulations at any time. Residents will be given 30 days written notice of any changes made 23) Sprinkler Clocks:Do not change any of the controls in the sprinkler control boxes(sprinkler time clocks and/or valve control boxes) If you believe there is a problem with your sprinkler system of any kind(i e not enough/too much water,broken sprinkler heads,etc),please contact the on-site manager as soon as possible. Altering the watering schedules will be terms for eviction. 24) Exterior Garage Lights- For the safety and security of all residents of Katherine Heights,the exterior garage lights on each unit are controlled by photo cell sensors and will be illuminated from dusk until dawn. Government regulations dictate the amount of rent that you are charged every month Included in the rent calculations are standard utility deductions that are determined by the local housing authority along with local utility companies It has been determined that the cost of electricity for the exterior garage lights will be approximately$50 per month. The regulated rent has been reduced by an amount of$1.00 per month to offset this utility cost Property management will be responsible for maintaining these light bulbs Resident shall under no circumstance remove or loosen the light bulb from the fixture. Such action will be considered a violation of the lease. 25) Open Fires,Fireworks,etc. The property's insurance prohibits any type of open fire,fire pit(store bought or man-made),fireworks,trki torches,etc from the property BBQ grills are allowed,but must be at least 10 feet from any structure while they are in operation. Resident Signature Resident Signature Date OIS Page 11 of 18 Initial Rear/Front Yard Maintenance Exhibit A-1 l) Weeds:The tenant is responsible to remove all weeds from the rear yard area All weeds from rock areas should be pulled on a weekly basis or as needed Failure to do so will result in a$20 00 fee per week 2) Swimmina/Wadin2 Pools: Swimming/wading pools severely damage the grass,therefore, swimming pools will only be allowed on the concrete patio areas These pools must be removed daily 3) Swint Sets/Trampolines: Swing sets and trampolines are allowed in the rear yard areas only Any damage or injury will be the responsibility of the resident 4) No Additional Landscaping: Do not add walkways,railroad ties,decks,trees,bushes,gardens,or sand boxes,etc 5) Toys: Please remove all toys,bikes,etc from the front lawn nightly,as they may block sprinkler coverage The manager may confiscate any items left in the front of your unit overnight 6) Digging and Staking: Do not dig or stake anything,you could damage underground pipes 7) Trees: Do not attach anything to the trees such as string,ropes,swings,or decorations Do not allow children to hang on branches or climb trees 8) General Care: The management takes great pride in the appearance of the property Please notify the management of anything that you think needs attention The rear and front yard areas must be kept neat and orderly and must be free of Junk and/or garbage Page 12 of 18 IIintial ANN Exhibit B Resident,under the attached Lease Agreement,acknowledges and agrees to comply with the requirements and procedures set forth in this Exhibit B. Except as otherwise provided herein,capitalized l�'1 terms contained in this exhibit shall have the same meaning as provided in the Lease Agreement In the event of any conflict between the provisions of the Lease Agreement and this exhibit,the provisions of this exhibit shall control. The remedies set forth in this exhibit shall not be the exclusive remedies available to Owner in the event of a default or violation by Resident,but Owner shall have the nght to pursue those remedies available under the Program(as hereafter defined),the Lease Agreement, applicable law or equity 1 Tax Credit Program: The Premises is operated in accordance with the requirements of the Low Income Housing Tax Credit Program governed under Section 42 of the Internal Revenue Code(the "Program") Resident's rights under the Lease are subject to the eligibility requirements under this Program Resident and any Other Occupants(sometimes collectively referred to herein as the "Household")must cooperate with Owner or Owner's agents in certifying eligibility under the Program. Continued occupancy is subject to this eligibility. 2 Identification of Occupants: All persons who will occupy the Premises,including Resident and Other Occupants,and their respective relationship to Resident,must be fully and accurately disclosed in any applications submitted by Resident,as well as within the Lease Only those persons so identified will be permitted to occupy the Premises Owner or Owner's agents must be immediately notified of any actual or desired changes to the Household Occupancy by any person other than those set forth in the Lease is subject to eligibility under the Program. Eligibility MUST be certified PRIOR to occupancy by any person not identified within the Lease. 3. Income Eligibility and Certification: The Household has been certified as being income and program eligible for the Program and Resident has signed an Income Certification Form attesting to the Household's income eligibility During the term of the Lease,Owner or Owner's agents must be immediately notified if changes to the Household occur This includes,but is not limited to,changes in: • Household members, • income or assets of Household members, • full-time student status of any Household member; • need for a live-in care attendant,and • federal subsidized rental assistance The Household must be certified for eligibility under the Program at the commencement of the Lease and,thereafter,on an annual basis Upon request by Owner or its agents,Resident,and,to the extent necessary,the Other Occupants,must complete the certification process. This includes an interview with Owner or Owner's agents to determine the Household's then current Program eligibility, verification of all income,asset and other eligibility information,and the signing of a new Income Certification Form. It is Resident's responsibility to provide all necessary information so that Owner or Owner's agents may complete this process. Occupancy is subject to continuing eligibility under the Program requirements Page 13 of 18 Initial To initiate the certification process,Owner will provide Resident with a notice which may contain the following information: • the date upon which the Household's next annual certification must be completed; • the date by which Owner or Owner's agents will contact Resident to begin processing the necessary paperwork for certification; • that Resident will have the responsibility to fully cooperate and provide all necessary information to expedite the certification process. • failure of Resident to cooperate in and comply with the requirements of the certification process may result in the non-renewal of the Lease 4 Excess Rents: If Owner determines that the Premises has become ineligible for the Program due to the Resident paying more than the maximum amount of rent permitted under the Program,including utilities,Owner shall refund to Resident the amount of any excess It will be Owner's responsibility to use its best efforts to locate the Resident for this purpose 5 Notice of Vacancy: Resident must notify Owner or Owner's agents,in writing,of Resident's intention to vacate the Premises by giving a thirty(30)day notice. The giving of such nonce shall not excuse,alter or modify the provisions of the Lease,including the term for which Resident is liable under the Lease or the remedies available to Owner in the event that Resident abandons or prematurely vacates the Premises. 6. Full-Time Student Status: The Program provides that full-time students must meet certain eligibility requirements to be Program qualified Therefore,if,during the term of the Lease,any member of the Household becomes a full-time student or full-time student status changes,Resident must immediately notify Owner or Owner's agent At such time,the continuing compliance with Program requirements of Resident and the Household must be reviewed If it is determined that the Household no longer qualifies for a Program-qualified premises,management may. • terminate or decline to renew the Lease with a fifteen(15)day notice, • increase Resident's rent with a fifteen(15)day notice to the applicable market rate ,causing the Premises to be non-Program qualified,and/or • transfer Resident to the next available non-Program qualified premises 8 Premises Transfers: If Resident requests a premises transfer,Resident must complete the initial certification process. All income,assets and other eligibility requirements will be reviewed for Program /1 eligibility All paperwork must be completed and appropriate paperwork signed prior to any transfer If Resident does not meet the initial eligibility requirements of the Program,the premises transfer will be denied Page 14 of 18 Initial Exhibit C Katherine Heights Townhomes and Villas Animal Policy Introduction The Animal Policy for Katherine Heights Townhomes and Villas("Katherine Heights")governs the process and guidelines tenants must follow in order to have a"Pet"and/or a"Service"/"Assistance"or"Companion"Animal pursuant to the Fair Housing Act Any tenant desiring to have an animal must make a formal request to the Property Manager except as outlined below Pets—All pets must comply with the following guidelines- The pet rules are reasonably related to the legitimate interest of Kathenne Heights in providing decent,safe and sanitary living environments for existing and prospective residents;protecting and preserving the physical condition of the project and Katherine Heights'financial interest in the project 1 Tenant must submit a completed Tenant Pet Request Form or Service/Assistance/Companion Animal Tenant Request Form,as applicable,to the Property Manager 2 Tenant must pay the$250 pet deposit(fully refundable) 3. Tenant must provide a photo and sufficient information to identify the animal. 4. Each tenant household may only have one(1)pet 5 Only domesticated cats and dogs will be allowed as pets Fish and other pets in aquariums or terrariums which do not exceed 10 gallons are permitted but are not subject to this policy. 6 Pets may not exceed 50 pounds 7. Dogs must be housebroken 8 Cats must be trained to use a plastic litter box or other non-porous waste receptacle. 9 Pets must be spayed or neutered 10 Pets must have any or all inoculations specified now or in the future by State law or local ordinance 11. Pets must be licensed as specified now or in the future by State law or local ordinance 12. Pets must wear a collar/tag with identification that allows the animal to be traced back to the resident. Animal name only is not sufficient identification 13 Pets must not be kept,bred,or maintained for commercial purposes 14 Pets must not create a nuisance or annoyance to surroundings or individuals 15. The following breeds or mixed breeds of dogs will be excluded from approval: German Shepherd,Rottweiler,Doberman Pinscher,Pit Bull,or Bull Temer,Chow and Spitz. 16 A tenant may not care for any pet,or allow such pet to reside on the premises,other than the tenant's own approved pet 17 The pet is not to be allowed to use any part of the property for depositing waste. Should this occur accidentally,the tenant will immediately pick up the waste 18 The pet is not to be allowed out of the tenant's unit except when being carried by the tenant or on a leash under the tenant's control 19 The pet is not to be chained or tied in any way to the building Page 15 of 18 Initial PIN 20 The pet will not be allowed to make noise or engage in threatening conduct which might disturb other tenants or neighbors 21. The pet will be kept clean. Any pet waste that is accumulated in a tray inside the residence will be disposed of properly and promptly 22 The tenant will immediately notify the Property Manager of any personal injury or property damage caused by the pet Any damage attributed to the pet will be paid promptly by the tenant. 23 Any change of pet will require a new agreement and approval. 24. The tenant,or any guest or invitee,shall indemnify,defend and hold Kathenne Heights, eiN Katherine Heights' agents,and employees,harmless from and against any actions,suits,claims and demands(including legal fees,costs and expenses)arising from damage or injury to any person or property of others by any pet 25 The pet agreement does not in any way alter the Katherine Height's right to pursue an eviction. 26 Any violation of the Animal Policy may be grounds for eviction. Service/Assistance and Companion Animals Service/Assistance and Companion animals are exempt from the following rules governing pets set forth above. (2) pet deposit,(4)one pet limit,(5)and(15)limit on type of pets;and(6)50 pound limit Animals that have been trained to assist persons with a specific disability and that do,in fact,assist the person with the disability are classified as Service/Assistance animals Service/Assistance animals include animals trained to assist a physically impaired person with walking,hearing,balance,self-care,communication,transportation and similar things A Seeing Eye dog or a dog trained to assist a hearing impaired person are examples of Service or Assistance animals. Animals that do not have specific disability-related training but are necessary in coping with a disability are classified as Companion animals. (For example,an animal that provides emotional support to a person with disabilities) 1 Any tenant with an obvious physical disability will not be required to submit a request for an accommodation for a service/assistance or companion animal An obvious physical disability will be determined according to the discretion of the Property Manager 2 Any tenant who is not deemed to have an obvious physical disability will be required to submit a written request and either a"Qualified Health Care Provider Verification"form or a statement from the physician/provider on the physician or provider's letterhead or on a printed prescription form The verification shall include the following: i. Verify that the tenant has a disability ii Describe the need for the accommodation ui Show the relationship between the disability and the need for the accommodation The verification must be sent directly from the heath care provider's office to the Property Manager via facsimile, electronic(i e,scanned),U S Mail,or given to the tenant for hand-delivery to the Property Manager To avoid payment of a pet deposit,the verification should be provided to Katherine Heights Property Manager within thirty(30)days of your written request for a service/assistance or companion animal Page 16 of 18 Initial Katherine Heights Villas and Townhomes Pool Rules 1 NO LIFEGAURD ON DUTY! All pool use is at your own nsk Never use the pool alone. 2 "Pool Key Pass" must be in your possession and visible, with key number showing when you are in the Pool enclosure. 3 Any guests must be accompanied by an AUTHORIZED ADULT RESIDENT. Resident households may not have more than 5 guests at the pool at any time 4 No resident shall lend the "Pool Key Pass". Do not open the gate for others' KEEP GATE CLOSED AND LOCKED AT ALL TIMES. 5 No resident shall lend or leave"Pool Key Pass"with guests or non-residents 6 Residents and Guests 16 or younger must be accompanied and supervised by an adult resident head of household at all times 7 Persons under the influence of alcohol or drugs are not permitted to enter the pool enclosure. 8 Proper Swim Attire is required. All diapered children must wear Aqua-Swimmers 9. Persons suffenng from colds, fever, coughs, sore or inflamed eyes, any skin disease, communicable disease,open sores or bandages may NOT use Pool! 10 No Boisterous or Rough Play No excessive Splashing.NO Diving' No Running within pool enclosure' No music or Loud voices. Be courteous of the other people using the pool and the tenants in surrounding yards and homes' 11 No spitting, soiling,or contaminating of the water 12. When EXITING Pool a) take all your belongings, b) clean up and remove all your trash c) securely lock gate behind you' 13. Residents will be held responsible for the actions of their family and guests! 14. Only normal pool inflatable and nerf-type water toys are permitted 15 No suntan lotions or baby oils,etc allowed in pool as they damage filters. 16 Glass containers and sharp objects are not permitted within the pool enclosure 17. Smoking,Alcoholic beverages&Animals are prohibited! 18. Observe all posted rules' Note management may change the rules as needed without notice. Page 17 of 18 Initial 19. POOL HOURS 10.00 a.m. - 9 00 p.m. 20. Loss of the "Pool Key Pass" will result in a$100.00 replacement charge Violation of any of these rules may result in the loss of pool privileges! 21. Parking - There is very limited parking available near the pool area. Please do not park in front of any residential units We strongly encourage you to walk to the pool so that the ^ area does not become overly congested. WAIVER AND HOLD HARMLESS AGREEMENT This Waiver and Hold Harmless Agreement("Agreement")is entered into as of the date set forth below,in favor of Katherine Heights Villas,LLC, Katherine Heights Townhomes,LLC., Katherine Heights Townhomes II,LLC,Katherine Heights Townhomes III,LLC. (collectively, "Katherine Heights")by the undersigned tenant(s)(the `Tenant"), who wish to use the swimming pool facilities(the "Pool")owned and operated by Katherine Heights Tenant desires access to and use of the Pool Tenant acknowledges that Tenant has reviewed the attached rules and regulations for the Pool. In consideration of the opportunity to use the Pool, Tenant,on behalf of Tenant,Tenant's heirs,executors or assigns and Tenant's dependents and Tenant's guests and their heirs,executors or assigns, (1) agrees to abide by the rules and regulations for the Pool; (2) acknowledges and assumes all nsks associated with use of the Pool, (3) waives any and all claims against Katherine Heights,its officers,employees,agents, property managers, members,and affiliates arising out of the use of the Pool,even if resulting from negligence on the part of the foregoing persons; (4) agrees to hold harmless Katherine Heights,its officers,employees,agents,property managers,members and affiliates from and against any claim for personal injury, disability,pain or death arising out of use of the Pool by Tenant,Tenant's dependents and Tenant's guests ,.y The Tenant understands and acknowledges that Katherine Heights is allowing him/her/them access to and use of the Pool in reliance upon the waivers and agreements set forth in this Agreement Date (signature) Print Name Date (signature) Print Name Key and Key Pass# 52 Page 18 of 18 Initial Apache Junction Townhomes Summary Information Sheet Rent Structure Income Limits By Family Size 2-Person 3-Person 4-Person 5-Person 6-Person 7-Person 8-Person 50 Units 3 Bedroom 40%AMI $ 570 40%AMI $ 21,280 $ 23,920 $ 26,560 $ 28,720 $ 30,840 $ 32,960 $ 35,080 30 Units 3 Bedroom 50%AMI $ 742 50%AMI $ 26,600 $ 29,900 $ 33,200 $ 35,900 $ 38,550 $ 41,200 _ $ 43,850 4 Units 4 Bedroom 40%AMI $ 634 4 Units 4 Bedroom 50%AMI $ 826 POLICE DEPARTMENT 265 North 200 East ee�ss�'4f St George,Utah 64770 January 24, 2012 t'o Whom It May Concern Adams Construction is the developer, ownei. and property manage' of Red Cllfl \-� 1 rMaim It k,Il.il in St George Utah. They y contacted me at the St. Ge orge Police Department relerun�L. this letter regarding crime and calls tot set vice at then propel ty I have reviewed the St George City police records going back to 1999 lot the proper) In that tevtew nothing stands out as anything more than what is normal Ibr out area and appears to be the same or even better in the amount of clime and types of calls when compared to who multi- housing units in St n gGeorge b ) The property appears to be Yet well maintained and also operated and managed in a \el\ ptofesstonal manner —which may be the reason lot type and amount ofLrlme II you have an questions you can contaLt me at St George Police Depa►t meat 265 North 200 1 ast, St. George, Utah 84770,office number of 435-627-4952 Sincerely, David Moss, Lieutenant CITY OF ST GEORGE CHIEF OF POLICE MAYOR CITY MANAGER CITY COUNCIL POLICE DEPARTMENT Gil Benjamin Nrckle Marlon Jon Pike Gloria Shakespeare ,.,A ■...CERTIFIED INSURANCE SERVICES INC. January 25, 2012 Re:Adams Construction&Management To Whom It May Concern: Certified Insurance Services has had the privileged of providing the commercial insurance needs for Adams Construction&Management Company for nearly 15 years. I currently provide insurance through a number of different insurance carriers on each of their 16 properties These properties comprise just under 800 affordable housing units Over all these years, there has only been 1 minor fire insurance claim back in 2001 and the amount paid on that claim was only$2,271. I would attribute this positive record to a high level of quality construction as well as a consistent and thorough maintenance program. Please feel free to contact me if you have any questions or need any additional information. Sincerely, 116. James Froyd, President Certified Insurance Services,Inc CEDAR CITY ST. GEORGE 239 SOUTH MAIN STREET,SUITE 300 437 SOUTH BLUFF ST.,SUITE 301 PO BOX 2068 CEDAR CITY,UTAH 84721 2068 ST GEORGE,UTAH 84770 Toll Free(800) 748.4359 Office(435) 586.2211 Toll Free(800)320.1403 • Office(435)652.1400 Fax (435) 586.4462 Fax(435)674.3183 PROTEST PETITION , %SP` /- / 1 ,, A. We hereby protest rezoning case PZ--3 -/ I / ' h re a zone c nge 1 . proposed a from to at/ Er• 2 0 do a °cationf`- 7l o — 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 '" ° V d7 .4thereof extending 150 feet therefrom, or of those directlyop q L. posite posite thereto r U.. 9 V extending 150 feet from the street frontage of the opposite lots. 01 772 v c a=3 r f. C. We have read Zoning Ordinance Section 13 0108 which is printed on the reverrs a a ' T" t side of this petition 0 •- C - O ..- „ ..• 0'— M . - u .. E v t d 0. We understand that if we own the property as joint tenants, both husband and .CO wife must sign If we are contract buyers, both buyers and sellers must FVI o ` ; C sign If we are partners, all general partners must sign %A-C .. C. tal:'' C s It .c EI22 qs r E We are protesting this rezoning for the following reasons: r0 4, ao 2 � el-- —t- N C C E C C V ,�-. 1 0 3 gamu° ' C" 4 va . -,o Nrn 0. O C . N L. v1 5 d" N" �nn•- �u < ._• Ca als COUNTY ASSESSOR'S NAME (PRINTED) SIGNATURE BOOK - MAP PAGE - PARCEL NO I ; 'r�A L f L. e r.'/c/ �-C a.-'.v�:: . I, _ 1� ,,Z _ G . 4 3 - - 4 - - STATE OF _ 4 2 ) This instrument was a owledged before me tnis SS. day u , .1.1GG , 20/aZ , COUNTY OF F_4„-rva _- ) by _J- d, ./had _I' • NOTARY PUBLIC / • •/;i�►••� C4)4,01P 1.STATE OF ARIZONA 5 � R4ar,cGpa CountyA t�i Y SI,A9Of�l EDMINSTERM Commtsator t%L es March 31,2012NOTUBL IC MY COMMISSION EXPIRES: /.?.,_11.k. STATE OF aiki ) This instrument was aq n r{ ed ed before me thish SS. day o - COUNTY OF �aillini ) by _---A1110,614 D( /.• JC%TARY PUBLIC, -9".'------ a/tfy //fl..J,/i?&tU_ �� ;TA-Tr O' ARIZONA I (: 10 v l t •^.: r rips County NOTA Y BL C V •-,j,..,P i • E n^41NSTER viY CGMMISSION EXPIRES;-201.` : 3 3 t j , PROTEST PETITION C Y O L 70 = ° Y d A We hereby protest rezoning case PZ- 3- 11 where a zone changeis proposed E a a from tolet —ec iro at II70 N, .rea,to I- "I .Y C v i location) Y .Ca' Y 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 a ;, ;, : � extending 150 feet from the street frontage of the opposite lots ✓ O 1 7 r 7 u Li a m 3 _ - C We have read Zoning Ordinance Section 13.0108 which is printed on the reverse Aok4,� ,a o side of this petition > u E '' ; d D. We understand that if we own the property as joint tenants, both husband and • O.y o wife must sign If we are contract buyers, both buyers and sellers must g • o li ; ` sign. If we are partners, all general partners must sign .n L W ` z L ~ E. We are protesting this rezoning for the following reasons O C x f L g o 0 1 . , G'L.c-1 /iv`0/»*- �.'�li/,y �b f✓ 2e e'/ G T 'rl/ (.F'�.4.I 67/4ic/i)Z6 4 c k .. 0,r. 2. b c✓.z/-/77eit /'v/ p!"G6g,glr13 4(/-Dt Q /,( J7 y '.c'/y-,v,/e g 74 e3 . f ? g � S 'i •'e 4 . J. f c57 CA/tdr / TEI51� v7ilr/4g/� hFr...de . 4- ,_, -firmsa Q Hu >.v a,_u o o vsa .n 5 (r/[,/%fi -4.(',•4 t}+t./•.A G+ci'// 3/ti _ Al .. i "Lo.. 1//e' /Z;l/6 '1' U L, Q N ql E Z6. /�- L- ,b C. a I�i 'e__ f v `._.� /r/77/ct, /Az Ar, L ,-- . / ,r ,J COUNTY ASSESSOR'S NAME (PRINTED) / SIGNATUR�E BOOK - MAP PAGE - PARCEL NO. 1 � �(A �� r?.sC� GHQ lam'- �e� /6 0 - 3- - 2 - - 3 - - 4. - - STATE OF C ) This i .s.trument was acknoc�,ledged before me thi s,I �"` ( ) SS. k ?S _ ylaf ( )1. (, L� L . I , 20 / { , AUNTY OF by -- aL( a l 4/ 1,..j[I .1);L,i l ') NOTARY PUBLIC • . STATE CW '\NIZONA J 11t / ! / i' % Me�c Oda Cam1y 1 (1, (, ! 1 �' G'�f' l�L�'ir ti shi\q, ,MINSTER h312012 NOTARY PUBLIC I Comm, .... // MY COMMISSION EXPIRES: `5 �.5/ STATE OF ) This instrument was acknowledged before me this ) SS day of , 20 , COUNTY OF ) by NOTARY PUBLIC IY COMMISSION EXPIRES • PROTEST PETITION g A We hereby protest rezoning case PZ-,3 ilti.0� )where a zone change is proposed Y. " a from to a L ^/ a! c . • L 3 v N (location] k' - 8 We certify that we are the real property owners of the lots included in the proposed change or of those immediately adaacent in the rear or any side q = � thereof extending 150 feet therefrom, or of those directly opposite thereto extending 150 feet from the street frontage of the opposite lots. 14 S ,- cu 2 y C. We have read Zoning Ordinance Section 13.0108 which is printed on the reverse 0 "T" c side of this petition a) .. p... ., �, 2 e v E t O. We understand that if we own the property as joint tenants, both husband and GI �o i .- wife must sign. If we are contract buyers, both buyers and sellers must ; um - , sign If we are partners, all general partners must sign. .• w 2 s. �(o I ao E. We are protesting this rezoning for the following reasons 8 5 8 o o 1 r<<%n` �� ,9�� e()/V/ ( Lo i? ,- , iy rS �1� ,-,�: '^f �Jp // nn y/ �J r / y //gyp f/ H C O E «+ Q..^.. 2. 4 1 /G� i.IJ/O yc 7c(/ C&'17/ k`4 r2 ['r rnL� /C f7/Q4 //.C�/IS G-� r c c a / J na or. e > a 3 .Z A d/ filer' ny",e)v& /'&i'Jar r� 7/ / •-�&t/% . ,k/ ,�: ` a CO,ri A 4 �f1�!""S 11�1c c2 rY i r !/1'�71f'f/ ll�t��iQS/ /f? 7l"1�� "r J 9a D.v oai ,S a 0 o .. $ a. 5. ,L- /�/I( fnPd d?dZ1 )�t'tivf Gl� / �f/We eeS %.."4., 5 av 4 u° u ¢` « a at e' .b/ /1'e- e -1/"D/9J/'/i Z . COUNTY ASSESSOR'S NAME (PRINTED) SIGNATURE BOOK - MAP PAGE - PARCEL NO i je'/rn, ',- A.)1 el/y (,�' 7 IC Z1 - - Ja q- 4. - - , STATE OF ) This nstrument was a owledged before me this ) SS • day of , 200 COUNTY OF ) by _ . 0.' if _-) . NOTARY PUBLiC 'ii'1'° STATE OF ARiZONA / N ►' i . MaricoPa County / A,..l'oe, SHARON EDMiNSTERNO LIC 4-7;/44., My Commiss+on Exp+sos March 31 24tCJ �� `` MY COMMISSION EXPIRES. STATE OF ) This instrument was acknowledged before me this ) SS. day of 20 COUNTY OF ) by . NOTARY PUBLIC '1Y COMMISSION EXPIRES PS PROTEST PETITION a / I Cat u A. We hereby protest rezoning case PZ-. "I . .in{ where a zone change is proposed from to at' a• dd �, (location) G S W 8 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 € ' .t s v thereof extending 150 feet therefrom, or of those directly opposite thereto - y y ... extending 150 feet from the street frontage of the opposite lots r▪d .t a r f, C We have read Zoning Ordinance Section 13 0108 which is printed on the reverse ON a o c o f. side of this petition > — ,.., a+ • N E v E d 0. We understand that if we own the property as joint tenants, both husband and C wife must sign. If we are contract buyers, both buyers and sellers must d�a9'0 . L. - sign If we are partners, all general partners must sign .nr .�+ a . c L C a... .+ u d ,. E. We are protesting this rezoning for the following reasons• oc L G S 5 c 1 ..) cc `el/ 4 e�e )1K.�. c•<<JIL,,Z,�ax L 2,y AZ 1t. 'L o .. _ 1 U r' d N 2 et ?Lut. .2vyz� E�11 L` cisc r`f` } t7�. ucats )cZ" !!JLl�uevt C e G .� 0 - C C C X � 1 /.- e GL c cZ` -<1.- '�• W^ U V R M P y g 5;v 5 u = - 1 A — J/- Q Y/ O A. m V C C C 4. <CC JLY-7'24.G'�� i2,,.'l.e 1.4,{,.4.4." l�{,�l�')t{_0.8-vil (��_�/J,..ac,t ♦)/g 4-4.1, Jl-�G4�' .0 - p N C1 V I I f� " ' -�- L t/,�LL i. / ''U • c c u & n 5 <L _.-if 1G rF 1. 1L,2:a ft. cx.C. L•r a. -c-r wt3t 4.4 Itligifi N r"1-4- ex- r--.live ,---a."4-J L a 1 COUNTY ASSESSOR'S NAME (PRINTED) SIGNATURE BOOK - MAP PAGE - PARCEL NO. 1 `23 Try L r ti 9,e 4o.c7✓ ice") _ { _G 4)? 2 3 - 4 - - STATE .OF l i ) Thi4. 1 trument was acknn ed ed befor me th1 ) SS . 1. d of� , 201 , COUNTY OF ) by - -- �„ NOTARY PUBLIC ,r�) L STATE op ARQ ty!� ccipa CountySHAR(') EDMINSPUBLIC My Commis- -• • ,March 31,MYMMISSION EXPIRES. ,. STATE OF ) This instrument was acknowledged before me this ) SS day of • 20 COUNTY OF ) by NOTARY PUBLIC ,iY COMMISSION EXPIRES: _ E R/W 3= R.TALL TO EAST 1/4 COINER 11' EO'�,1 y �S•� EMU VALL SECT I] M. ALO BRASS CAP IN IH G.PAVEKNT • >•MAX L 1 MN LH. ur. , 1 V. PROJECT CITY BENCH NARK 1174 R D ELEV 1]65.1M NNAV➢BB) Ig SOW cur REB. NAG STD.BET 2>O LOCATIONN B� ` PAKKNT L Ammon HAG STD.HET 220-A SASE PER STD.KTML •S'MIN L 3'MAX MEANDER SA/ S•R PRELIMINARY PLAT OF PLAZA DRIVE DETAIL APACHE � APACHE JUNCTION TOWNHOMES OVERHEAD (AJ-20.2 COLLECTOR ST) a l.,-3� AN AMENDED PLAT OF THE VILLAS iti 6 �DTILITT LACS N1/410 MUM/Willi NONE PAR( OFFSITE WAINAGE BROADVA w•N 100-n, AREA•1 - AT SUPERSTITION MOUNTAINS-DE 2 A R E FLOWS B BNSTALL Kv Il r HUM. AS RECORDED IN CABINET H SLIDE 029 B IN w 7 K 3 J 003 6'SCTLACX .4. DTSITE rLOVS, m®l DI 6.OU VAT. 4•99 6S PINAL COUNTY. ARIZONA _-I f ' A"cl N e9'»Ds•v `\ 1 SDuIrERN ) ■ :■ B „ t \\\ _ Irr'MIMIillt _ scale.1• Sr •ti u MIME ^ D __ aQ - ?= _I ._ r X/ A�iCC r-�- {I Ry� . r , 7i9S7 .11 ' l I _ OFFSITE DRAINAGE FLOP 11 1J�-��sl S(RR' _1`I CTYP7 -`Y.1 E ExIS11NG 6'CHU VALE V Z 8 - IIRNI/$ 1 �,RHe6ry pgA�wf� END EnSTIN6 CNl WALL N 69'S)'17•V )71.)0 60wpNtr 6.P NYW W w" I -�� W- •;� \ YGM KV 6 CIN VALL -� ST 1-J i' •= 1 ) ��.//i^--�i:wl� ;•\�`�_IIB71� - L"' - - '"mow"" - nsrlw -x•CULVERTS Qa5 e. 8 I Ip 351� 'II .Y. 1... ......._.__ , _ _ E P EAT: EFFETE snooze AREA JdU I �� 5-9I5= �PIB•, auuw IRK VAS. d II ' ('j•, , .....,l .....B„��SLLL9■9l 1R]<Wf.��R� FUN 0► N2VIFS R.< ,i I,II In.)z>I))II, I..I W v.9�. • 11 /. .. 1 �' II •r •..:.. ::..a�A- .....__�a.... `-..o. ..•:;,.Id_. e... -'1`•%:'•.0 0 •yI(I f II^ gpr ? I,1'I I, 1 II r 7U 1•___ 1 • 7 I' 1• �, An , • I 43 P36 R1 4 I'$I ✓<. }Ilaf^W1-QI+f yIII2'I h $q, UTILITY ,, - , ••i - ` 11:: ''I� �_ •l- 7316 g_ AITR. jD I�, A {L 'MM., I I I r �J L�J [ 3 `i 1 .... N 6. ,�1 I •• '. 0 > __ ~ 69'S4A'E 610.' y-ice 1'VNAE.-! A60RCDAlE MSC NAG STODCT R]0 L 11 C%ISTNG IS'SETBACK _ h ,�I z PER STNIDNt2 KT 220-A III - I II M _ 1 r ILI IT'AT3 I 6'Clll 71.rET I ,�( _ i❑� 1 $ APN fro-a1-Pnc NOT A PART API DD a N7D APR ODD r-m7e aiAu Arzw 7Al2 VALL �ii6�i 17'6`- •�f n 1 ` 1��.7 I I o mmc,W mNZAU W ROVING W •I-- PRNOOT TEO STREETS I Ts". ■ V[MNE rvt I I{ ,^"••- ��i ��'•.,� i 1 < IS SETBACK .I7. 1111 --- .:-�__ 1 �_ 'L, '�`• .rI : -- N"RSV Ina. NOT A PART 6g v. _ 14 € & 1.. C I _ I T ;lilt �' s� -_ - gnat -•000 1-) MAW WW1•X GP _ _y< LEGEND 8 • • •) ' �� / 1 1 �� ` 6'OU VALL M L439'39'Y 2654 •• Iw �, COSTHG FIK,rtWANT N •• I ZA'�{7.6•( �f d 1 1 �s It11 15 S,` _ l PROPOSED Kv rtK NrRNIT N. Q I ) ', 1•1 J 1 I ,�> >I 1 Vu00 -- - \ {t'� _ >.' •: #El E%isiTN6 sraET uEM (_ AS 4 1, I•gI 'I", 120 •. f,I, 0 0e a V=�.� .: IE n SITE STREET UGNT zA W 1 , \ �� \ - 1 a Rri1 '1ni. o E%ISi1NG SEVER MANQ[ AA - Ilr"_' 1531 I 171710 •BB i1•/, I tor ) • (� 11)5669 4� I R PROPOSED WV SEVER NA1•LLE K 4, . - I I-Ili I BDO � J �_ :� I ITN \• I ( 5 H N EXISTING WATER VALVE a, , • ,IT• / �• 86 , I (j• �- N PROPOSED MEV WATER VALVE yy3yD I : I /• \ 91 IIt; I I NS6B1 ' /1 I, \'�,' ~ I 1. R_.. I II I NROV SWAM FLOW NRECTIEN • BI i II '. `i. ., Aj� {[y■��T y S IA 1 , ''f s! 1 'O ADA ACCESSIBLE RI* SY d 7 II ' II S•L� � , / ..` .441•i•�� 2 Z V , sal .. l L i'1 4 0 EXISTING EXISTING UTILITY LINES 13o I 7../lL�� , In>ro -- ,rye :� -.. IN IPE12NG EXISTIK vATER WIG BOA F� N f I E �]�E \� S�W.W A. PROPOSED WATER KTCR BDX Al CI I 32 -�• 1 ai ■ 1�2/ 1 ,�+ �......... � ��s s•1.... I/�,�" O ne . 0.1ND K&Vt L CM W V' / _ _ Sy` J� 1 ,: ,� ROSENMML RLS 2.332 ID �'.� �:., - f �i, f /� .7 rB9,�i'�I i � rLK 1��I• r��whim �, o Ube - 1 `��•�)-.�... '..�• .nDc q „. ; �L....J I,� � ..... :i E I PROJECT NOTES. 1�I+azi 6 {1 '� - THIS PROPERTY WAS PLATTED AND s...S O= #N 1``� •R`• 1', r - ��• j■ �EnE `'. 4 ��!�{� PHASRECE 02DA AS ND THEN REPLOTTED AS ZTO Zvi G \ _- e. 1)A930 ��II■ �Tl BB�I� THE VILLAS AT SDPERSTITION O E•,y4H.> R I B'P- I1I I; .Llr ?II 1n9.0 N365D I MONTAIN-PHASESZ.ERESOM IOr THEO S' M��II / 11 N.]322 N.60 I; +W 'MO I)SlN NS3.SD 1 IIN 20D6 AS SAWN OI M!AL.TAaz'_- SURVEY BY HUNTER ENGINEERING OO�i f t Il- 0' _ DATED 6-27 ll. y rr F d ____ L iti �." • ' THE CURRENT ZONING FOR THIS E'„jU - .1_'TRACT 91AC! - - _ %� '� � �� PROPERTY IS CR-5. rC-�-) y 1 V AV 23 LANDSCAPE TRA 'A' a w•a i L CIm CXKTaKG 6'CIu VALL S R9'S4• E 122).09' TRACT v EXISTING 6'OMu WALL C PUE. 6a Rd. �Iti i y XIO.1 SMACK RETEMIW DAWN.A R•CT'R RETENTION BASIN'C ..---TT BL41N KV 6'CNI VALL 1--�O02 PROVIDE VALL OPENING RETENTION WSIN•Y IY SETBACK $ MU. 9 U TO ACCOMMODATE OFFSITE FLOW CBAPAgDLL MINIX HONE PARK ;Io A\ API KING,OR AM 1P0->1-I2N IRKING,W L 2"N1 SITE DATA ERBNG W R"' W�1 o in Lsi GROSS AREA 15.31 ACRES GENERAL NOTES 1V IA TOWNHOMES•p DWELLING UNITS 1.TRACT A INCLUDES ALL PRIVATE STREETSOW.terICIICII 1+•1� i 10 3-BEDROOM TDVNHOMES•BO WITS RETENTION BASINS.DRAINAGE PIPES UTILITYCI WV/WV I� SUPERSTITION BLVD Z 1 1 BEIIREEIN TOVNHDIES=B WITS EASEMENTS OPEN SPACES CLUBHOUSE AND POOL Cl 1sR-srx Nsr1.1 V UM lau wv D25 SOLE SSCT V q•-� ADA ACCESSIBLE WITS 6 WITS SE CORNER SECTION I] 'di = AND ALL OTTER AREAS EXCEPT FOR THE LOTS AND CDTTO7 SPINDLE AT (]., _ DWELLING KING WITS PER ACRE•5.73 THE DOFFSITEWALK DRAINAGE TRACTS'D' •I L•DS. FLOOD PLAIN NOTE. X S n TP V sam I I jp;J°4RpAID AND a' 3 2.SIDEWALKS SHALL BE INCLUDED SIDE ALL SIDES PARKING1 PROJECT IS LOCATED IN ZONE x,AREAS OF OF VILLA STREET AND ON ONE A OTHER i SUPERSTITION BLVD 2 CAR GARAGE PLUS DRIVEWAY•1 SPACES PER WIT STREETS WITHIN THE DEVELOPMENT AIM APPROVES 02X ANMIAL CHANCE FLOOD,AREAS OF IX ANNUAL PROJECT DEVELOPER CLUBHOUSE PARKING •9 SPACES ACCESS RAMPS SHALL BE INSTALLED Al ALL CHANCE FLOOD WITH AVERAGE DEPTHS OF LESS ADAMS CONSTRUCTIONS MANAGEMENT COMPANY ADDITIONAL PARALLEL PARKING =10 SPACES INTERSECTIONS THAN 1 FOOT.OR WITH DRAINAGE AREAS LESS THAN 1611 EAST 2450 SOUTH TOTAL PARKING •371 SPACES 3.DRAINAGE TRACTS'B' •C L D SHALL BE 1 SOUARE NILEI AND AREAS PROTECTED BY LEVEES BUILDING 1 SUITE A I may: OPEN SPACE DATA MAINTAINED AND KEPT rRCE 1F WEEDS AND FROM IX ANNUAL CHANCE FLOOD. ST GEORGE,UTAH 134790 LA�CAPEN PEEN SPACEAACE AREA APE RETENTION OPEN SPACE AREA 31.000 sr••349,0 73 SF DEBRIS BY THE OWNER AND/OR H.D.A. LALANDSCAPE AREA PUBLIC R/W •6900 Sr i t 1 TOTAL LANDSCAPE AREA •356,773 SF 3 ) ) FiNAL PLAT OF APACHE JUNCTION TOWNHOMES A PLANNED DEVELOPMENT SUBDIVISION (AN AMENDED PLAT OF THE VILLAS AT SUPERSTITION MOUNTAINS-PHS 2 PROJECT AS RECORDED IN CABINET H, SLIDE 029, PINAL COUNTY, ARIZONA) T LOCATION WITHIN THE SE1/4 OF SECTION 17, TOWNSHIP 1 NORTH, RANGE 8 EAST NOTES: OF THE GILA & SALT RIVER BASE & MERIDIAN b 'YI' R➢HE ARn HARD SURFACE RA wGE FOUR ucH WILDING APACHE JUNCTION, PINAL COUNTY ARIZONA TO C MONEYED TO PROPOSED RETENTION BASINS IN• DEDICATION NON-EROSIVE RAWER. 2 ALL PRROBED UTILITIES SHALL DE PLACE➢IND[RGAMD STATE or ARIZONA' ACKNOWLEDGEMENT CONY HE PINAL >N. STATE HE VAN VICINITY MAP 3 ANY ADJACENT 13.10.11 PAVER LIES ARE ION IC ULAETA ND WAIST HE VASgILTOI Is. NOT TO SCAM[ VITRO/THIS PNLECT INN ALL MEN By THESE PRESENTS, A CONSTRICTION VIININ UTILITY EASEMENTS SHALL DE LINSTCDON THIS DAY HE ,2T0 CANER.DEFCR IC THE TINT PATNAS OM THE THREE LLC AND AOMS CONSTRUCTION AND MANAGEMENT UOESSCMIST PERSONALLY IAAMIC REGRET VI VITA PRESIDENT ID UTILITIES FENCENC,AND RMVAYS. COMPANY AS TIOCS.NAVE SUBDIVIDEDE OvDEER TICu ANC K APACHE MINIS INSTRISCIEN MID PURPOSES SES STATED VK[REM, M .AICTEr IIVOES.A RANTED DEVELRPSTA SUI NSE 2 ON MENDED fOEGOK hSTRUENI MR TIC PRPOSES STATED THERE.. 5. ALL TRACTS➢RACREAINAGE EASEMENFACILTS.S Aft XSINS,RTC PLAT HE TIC VILLAS AT N.COTITIO RUONA,LEGATED 2 AS RECRCO IN SPACES AND RECREATION RAND/OR ARE TO I NERS ASSOCIATION. TIC SAl N.AIDE A29,PINAL CONTT M1ZOA1 LOGi1O w A P L M VIAL NINON I NNE HEREUNTO SET MY NAND HAND OFICEµ ,Y THE SULIKSId CANER AND/OR M IOC INNERS ASSREIAION HE SE RI Cr NASA I.MERIDIAN. TpVNTDP 1 NOUN.RN6 B EAST HE TIC GILA SEAL I.SALT RIVER BASE I.MERIDIAN.PINµ COUNTY Militia,AS SNPVN HEREON SURVEYOR CERTIFICATION 6. THIS PROJECT IS LOCATED WITHIN TIC BOUNDARIES HE TIC AND HEREBY.RISKS THIS PLAT AS TIC FINAL PLAT HE APACHE JUNCTION In ARIZONA INTER COMPANY AND HAS BEEN DESIGNATED AS HAVING TOVIAOCS A PENNED BEVELOhCHT SUBDIVISION,IND KRE,Y ICTARY PUBLIC ITT OMISSION EXPIRES THIS IS TO CERTIE.THAT THIS PLAT IS A CORECI R REPRESENTATION AN ASSURED WATER SUPPLY DECLARES TINT THIS SAID FN.RAT SETS FORTH THE LOATION HE µL M ENTER,.PREPARED RUES HE LAO SURVEYED AND TIE SUBDIVISION Alm GIVES THE➢ITNSONS HE TIC LOTS AND EASEMENTS ONSTITUTING HE IT, THAT I NAVE PREPAPL➢THE I INSCRIPTION HE TIC D SHOVE. 7 ZONED EF-5/PD TARRY ORDIAN.0 4S6,MENDED TIRUOI THE WC AND THAT EACH LOT SWILL C XNWS IT TIC DESIGNATION THIS RAT NO I WREST CERTIFY TO ITS[A92CMSS AND THAT ALL ORDNANCE I155 *CNN HERON LOTS ARE STOATS R V BE STARED AND ALL MONUMENTS ARE SET R . WILL SET VITHIN ONEC TO RECORDATION YEAR*TER REC B. TRACT'A'TO INCLUDE ALL DRIVEN*,ACCESSES RETENTION PATKINCR TRfHR TEE LIE AND A➢NA CON MI STRUCTION D MMLYEHENT RATIFICATION WILL BASINS,UTILITY CASEMENTS DRAINAGE PIPES.OPEN SPACES COMPANY AS OWNERS.HEREBY DEDICATES TO THE CITY HE APACHE STATE HE ARIZONA, AND µL OTHER AREAS EXCEPT TIC FOOTPRINT OF THE LOTS NACTIOI,FOR USE AS SUCH.TIC STREETS NAMED,DAD ROAD COUNTY HE PINµ I 6.6 SY, AND OTHER TRACTS. TRACT I••C AND'N TO MLUM AND PLAZA RIVE AS SHOWN ON THIS PLAT AND INCLUDED IN THE RlEERT L PLATT 917435 AN NrSITE DRAINAGE CIWKL ABOVE DESCRIBED NCNISCS. CASEIOITS ARE DEDICATED FIN 1K PLATT A KATI DE. PURPOSE D OWN OIIV ALL MEN.THESE PRESENTS, REGISTERED LAND SIJBVEYR 9. TK MAINTENANCE HE LANDSCAPING VITHIN TIC PUBLIC OGM-HE-NAY TRACTS'A• C'C AND a ARE NOT TO DE CONSTRUED TO DE TIT NC ODERSIOCD,AS BENEFICIARY HE THAT CERTAIN DEED TO THE DICK HE CURB SHALL C TIC RESPONSIBILITY Of TIC DEDICAI[D TO TIC PUBIC BUT ARE DEDICATED TI TIEAPACHE HE TRUST RECORDED TN FEE TN RECORDS SUBDIVISION EON.ANDIR TIC lOIE AUTOS ASSOCIATION. JUNCTION TONATKS rOEOVKRS ASSOCIATION PIN ITS USE AND IT PINµ CONOT ARIZONA,HEREBY RATIFIES MEIRNS NO ID ALL TRN:1S NOT INDICATED TOM CITY OF APACHE JUNCINN SNµL ENJOYMENT AS ACRE FRET'SET FORTE IN THE DECLARATION HE APPROVES THIS PLAT NC DECLARATION HE RESTRICTIONS RECORDEDSURVEYOR P IC OPROKB IN ACCORDANCE WITH TIC APPROVED PLANS AND➢CLDCU COVENANTS.COCOONS AND RESTRICTION NE IOEDVIERS COCVIOCNILT HEREWITH,HAND EACH AND EVERY DEDICATION f0 TIC ICE C.C.ASSOCIATE*ACTED NECO7BATEd HE TIC RAT ASSOCIATION SHML C RESPOSSBLE FOX TIC MINTENNC.E HE PLATT FOATADEB WWII/ IL PLATY T MILS s176D5 THE FnsO,AREAS. AIT a PLAT/INC. NAVIMSS MONO TIC LNDRSIOCD,NAVE SIGND THEIR IOUs IUItN W CAST INyr..VTAREHE PATHFINDER IRE THREE LIE AR ARIZONA NAPES TICS�wx HE 2O12. CLLCNOL� 35 SBCITY UTAH 6,6151 APPROVALS LMITES LIMiLITY COPANY AND ADAMS CONSTRUCTION AND ON 435-5B6-856T MMLSEMENT CONPMN HAVE KREMER CAUSED THEIR NMCS TA TINS FOAL PLAT HAS BEd MOOD FIN CONFORM E VITA TICDE SIGNED ARUM M SAME NI BE ATTESTED BY THE SIGNATURES REOUICN[NTS HE TIC LAND DEKLIEMENT[OBE AND ANY ATIER MPLIWLC HE RANDY STO.VRTNY MANAGER.PATKwCR Ter TWEE LLc. OWNER/DEVELOPER RDINICES NO RERLATIOA AND TINT ASSURANCES HAVE BEEN NC R[(OIY VAOER.PRESIDENT A➢AIA tn11S1rtED TANS AD PRWECD FORDMWEMENTS*I TN MONO OF s_____-_� RMMfEw gHECOPNNY MR[UNLO DULY MNTIORIZi PATHFINDER Ter THREE LIE NM ACKNOWLEDGEMENT O E 6T14 ST UNIT 706 . STATE HE ARIZONA I TOM AI B52B1-M DEVELOPMENT SERVICES ENCIKER DATE /T COUNTY OF PINTµ 1s.s. `[MONDE•BD-305-N950 L 480-305-1952 RAN.DTRWRTHT Ww¢R PATMNDER TIN TIRE[LLC ON THIS_wY HE 2012 DEFINE ME, THE UNDERSIGNED,PERSONALLY APPEARED VHO AWNS COSUNETIO MAN AGE NAGE MOO COMPANY APPROVED BY THE COUNCIL HE TIC CITY HE MACE JUNCTION ARUM. ACION.EDIZD HERSELF R NINCLF TO DE TIC PERSON C LAVE NMI EAST 2450 SOUTH,BUILDING 1 SUIT[A Tg wY HE S_ 2O12 THE,AND T CITY EOLCNCNCORCHTEIIL IS SUBSCRIBED TO TICINSTRUMENT VITHIN,AND V EXECUTED TIC ST GEO RGE UTAH 84190 ACCEPTS TIC RIGHT-OF-WAYS INDICATED HEREIN NI BEHALF HE THE MEANT WAGNER PRESIDENTFOREGO!.MFORSTRLRENT F TIC PURPOSES TICREIN COTAIKD. TCLEPNOKA 435-652-DINN PALM THE SUBDIVIDER HAS PROVIDED A CERTIFICATE HE ASSURED FAY: 435-652-0145 AOMS CONSTRUCTION I.MNLWEME3n COMPANY VATER TIPPET L REOIUED AT ARIZONA REVISED STATUTES 43576 IN WITNESS STARCHES I HAVE ICREUTD SET IN HAND AND OFFICIAL IN EVIDENCE TINT THE AREA INS BEEN DESIGNATED DY TIC TRIOS SEµ, IEPAIRTNCHI HE VATER RESOURCES L HAVING AN ASSURED WATER SUPPLY ACKNOWLEDGEMENT BASIS OF BEARINGS BYE tYA STATE OF ARIZONA, BINARY PUBLIC MY COSNfS10 EXPIRES, FROA THE SPINDLE ATM INTERSECTION R IDAO ROAD 1MT. SUPERSTITION IN TO CORNER HE 71 ER SECTION 1 CONN HE PINµ)cc TA TOUP ON TIC MASS CAP IN NAND NNE AT THE INTERSECT,.HE ATTEST' ON TNIS_ICY HE DIII.IEFDR[PE,TICIDAMO ROAD AND TEPEE STREET ELT INCRKR SECTION ITN CITY CLEAT IAAERSICKD,PERSONALLY ANENT.RAID!STO.VRTHY NAIANiER HEARING M.0IE27'V. PATHFINDER TN TWEE LLC NCI EXECUTED M FOC®NC NST.TANT DISTANCE.2639.7E FEET FIN TIC NANpES THERE.FLNTMNEN NAINTENMCC HE TIC PLAO/ATE ACAS UITION TIC TRACTS AND EASCKNTS RMLL IN VRKSS WHEREOF I HAVE WNW,'SET MY HAND AND HEFIEIAL It THE RESPONSIBILITY HE 1K SUBDIVISION WKR AND/OR MC HACK J STELT TOV TAUS T IOC OVKRS ASSOCIATE.SICCED M ASCTIGI CN ITT AIOATCLY SEAL. SHEET INDEX SITE DATA N..THEM,TIC GOVERNING ENTITY PAVING CRIS➢ICTi.OVER M AREA IN -' WHICH THE TRACT R M CASEHEMT IS LOCATED,AT ITS DISCRETION,MT EMIR ORBS AREA 660359 SF U 1116 ACRES UMON HAND N TIC DRAINAGE AREAL NM DANCE NC NONE INICIN 1 HE 3 COVER MET DEDICATION a APPROVALS ASSOCIATION M oST C INTENIACE. ri' 2 HE 3 SOVEY PLAT AREA TBKT■ I629/C 033 SV% INN TIC C HE M ,MIA.PUBLIC MY CO OSLON EXPIRES 3 HE 3 LEGAL DCS[RIPTIdi CUR.TABLE A LAC TALE TRACT C 16417 SF AEA INDE RON.rtL TRACT D ION D.ACRE OWNER AGREEMENT IT IS KNEED INNT ILL LOTS WILL IN ACCRATELT STAND AND WIND AS CSCRICD ON TIC PLAT AND A CERTIFICATION FILED WITH PINAL COUNTY BY A REGISTERED [MIRES,12-31-12 PROFESSIONAL EMTKCR R LAND SURVEYOR CERTIFY.SOON LOTS ARE ACT TELY STARED AND PANTO AS DESCRIBED IN THE PLAT PRIOR TO TIC SALE Cr LOTS LOTS R THE OS..HE ANY Nab.PERMITS WIOCVER INCURS FIRST p>myyNNy.. mg.. AApfF, yRET. ET' PLAIT& pump DAN ammo FINAL PIAT OF MILE /'\ PLATT, INC I- ='d' YAR,F APACHE JUNCTION TOWNHOMES /f CML ENGINEERS&SURVEYORS 'lN WITHIN SECTION 17 T 1 N, R 8 E G&SRM 1 of 3 195 N..E.cEDAR mT.uTNH w77D'A'C"Mn APACHE JUNCTION.PAPAL COUNTY ANCONA II 1 1 FINAL PLAT OF APACHE JUNCTION T0WNH0MES TO EAST 1"CORNER SUET.17 A PLANNED DEVELOPMENT SUBDIVISION IN H°ANKSLE INKS CAP (AN AMENDED PLAT OF THE VILLAS AT SUPERSTITION MOUNTAINS-PHS 2 AS RECORDED IN CABINET H, SLIDE 029 PINAL COUNTY, ARIZONA) WITHIN THE SE1/4 OF SECTION 17, TOWNSHIP 1 NORTH, RANGE 8 EAST ADY Q DV MOBILE IOC PARK OF THE GILA Sc SALT RIVER BASE & MERIDIAN reKT D mlaprl�t I APACHE JUNCTION PINAL COUNTY, ARIZONA 15'S[iBCC SECTION LINE AND 50 S I 50 G PI'!Y>M S 69.59.39'E .AE9S I >t. ,. OEM REERLINE ND I ■ • B' rr ,K,c•D ) K ■ • f —1i +{Y �- -,51«• I SVR• Sul•111 s.ls•— DS.• r X R 8 �r >.Kf. 36 �x�r ' 38 I.� Wu CREEK r ,N sz 2: ...- J. L BIA J x Y L B1�A �� Pax SPAC L��A c T' c T utl T1VCT R CT 13'UNPACK TRKT .IA us. ID \ _T Y]L I Bf.B $t7 C-T•1 I �6 tat S B9'S)'17 C >f..70 MNIMRr ] r P31L Rlry{y1' XNA0 rR y. 35 T� ) A , r 5 LB 1y_sAm _ ""' '4_ sx__ 17.50.�... imwcLE t. Y € ! B Y �__ � I i 2 / B AZ � .us• I x. BGt• I um . I 5 53A. I «r «.. 1 «.w B. I BLa• I �! _ s I ,. IB = 26 I �' le `18l1� $ I r BTA i BTU-1 $r B1-A .gr e"�� r gtA r BTU i I o Llr.n E ;! k ni lrll*svi- "' (, S N C BtWr TeIANfAE _ _ _,•i } = 1 , I I , I A , I 143 , I 144 , �g ,qq I 39 40�L 41 . �L �� "i t " ,- 4, p E 9 w r25 f & e' A fr 19 E w".'I.M s L -AL- J ri 5 1`..AT 1 .. 1 nfa A EI r Z8, "+ A a�A tT,�r-, I° ' _ • wLn•n I I N er.5r3r V a1Pxz• i v it15.uTIKAA.E. " LpdA B }a 1"y • x � 16 ' s JSE S B Y -f B -,l / B/ C= -� r" — A - mM'Q� 3aNT�NW �Wn A"Bm-v-07, L n L I,. B u f�l IB --I mgAG GR Bin C n L J ` SEE DETAIL 1.. k —J D't' y 1 I 3D5• f5'uTSA(E "Q y��'''�I� • 2 r- E lu N.11..SY Cf��` -� S"....,....,-Cr" •_ e S L9.59.3Y E. MIA 1 L5 ��p H — ' 1 A- JA-i1 ' II}'°- 9325 .._ _. 'iwSI+YE v tSAO T- r' r_ .It_ NA 1 NW ,( --bC041T-]6 l R N mil__. .�. t y Out• ea U( �'u I -Ty' \ ` 4 1— I -1—T \.Y 9'av a r "� n € e� IBC �9� r24 r-� \ a, .y /A 157s ; 11 I ««• -1n.• ol5'' s t �ti IR 20 Y .-1 B J \ a A I -B; E BI — — ram'— _+A_.., ,� , , r11 ti + , •� _ s N 2 I Ire+ ,' o I £��"g, gga4 H. � er� B _oEri �J6aF pN!.. fA9 � x A Ii L��I = •L_ �. `Id sizgiv sIw•ln.-v X "_� I P `�a�' r B CI -1'- .I--�A, q eI,y--B -- 8 y h+ i J IL.1J I 1 SIGHT TRUNriE 8 I r 'l" a 1 N3D0 z>R. 23 y i • 1 , ` s E L_J Y Eep k R ,,L�I• @ I; NG u+vHw[ a�I1 32 r 1 t , I tAOT-LOp A L I B 6 EIB "t`""' I l L J I I I . I + c CCC >., M \ a. ". Lfy — f.,n. -1 l A • A k ,PL OE 17w [ i A _ t �" wnf sf_lm 1- .s-•a LEGEND Tye >�� . "'� I E I B •� B ' y • r i v SLT�I ..N .�rE t7.—'�'� �?—_ TYCS A -_ 1 N DENIM SECTION LIIC 1 ,, A Y 1 uYK 1 B 1`� ,,y. N R N MMS"1'v -t B.A.. .4 •...re. -I I '''.1 RICNT Q vAr L—J ',\VkL.-0'1i -. 'S]'T-I 0 e > BRMBARY g�1� "yi" 1 1 3� L �j� = r'O I r ;� _ - III i N T„ABLE_.. 10 Q ul:Wi3[. `TRw'w'E i `C y_o-sr=E / / X alb A p L 1 L f LJ R,. 7 . 2 4 3 ° 6 '�, t - - p s. "n LiuiL N LINE " s p A 3RACT c A Y 3 p �: 1 -�^ .«..Y1 x. yY, _._'---""`+_ �.. �� I A A� _ A _ A I' GS DIED _ Bit a �}--f-g' -I- -I- k_ __ raND PROPERTY cOwcR {1 ' t r +- llr-e+A -1 r 3 &Q. i SB •ig B "I B ' of. 2! +B Bari. 9I1 a ,NDN.�°�" L.LUR„N aI �1.-rPLE. I, 9 A s B A Ln«J 1 SB e a I "�.... I3 r}� I. 12 1"R *Bo:mAR, __ "1' - --�-L '`yr b J Lf.>,•� 'a _.._ I' I • PNP.rrt`TT ORNER cwM"`ns io.aur> i 1 I aLewJ I szye AL_s 1 �o I — r•- Says- — i BRYSCr v MAP R I S y� —— I I PRRCRTr CORNER cro a uT) --11 I , . .= • f11.1RC L -- -- --�—L — �- M EICriJIC` II LYSS•39•y1 1227.39' 1. A B.PLE. IIDI ,1n' I V 25'LANDSCAPE RKT•A• ��[ -TINCl \ I TRACT•A W BY RISK SCIBCC eETCMTIOI SASrM'A• iMflr `TRKT A KTEMTIOI BASIN•C Pal Nolan RETENTION DAWN•S• I -15.SETBACK PIIx AZoi0 1`003 bWMdL rOrltt IOC IARA' TRACT C R AIN Nr31-w. GENERAL IN I.TRACT 1NOTES:u➢ES ALL PRIVATE STREETS, I AP ,m-N-�GT ffiN �K RETENTION BASINS DRAINAGE PIPES UTILITY RM. IY' EASEMENTS,OPEN SPACES CLUBHOUSE AND POOL iTNlCCUIrs,EMttNvoM OR DTNER CCISTRI.CTION I I SUPERSTITION BLVD AND ALL DINER AREAS EXCEPT FOR.3.,THE LOTS AND CANNED OUT IN DRAIN KC PAN.Ti RETENTION 025 MILE SOUTH t TIE OFFSITE DRAINAGE TRACTS'B',•C L•0' FLOOD IS L NOTE, 7.SS1 K TRACT A.SHALL BE MAINTAIKD BY SUBDIVISION PROJECT IS LOCATED IN FLOM E AREAS Q IASI.AS SMVN ON THE APPROVED IwROVEKKT PLANS SE CORNER SECTION 1] v CPT AS W.r N APPROVED r D151100 CNT COTTON SPINDLE AT MATT OWNER MOVER N.S.A. 0HA AE FLOOD D VITA AVERAGESERVICESWIRESHALL DEPTHS OF LESS STRAND t t 1REAN-AVAr SCCTI(NS THAT CANOI IIRD[ fl STREETS VILLA STREET.AND 011 OK SIDE A ALL OTHER THAN I FOOT DR WITH DRAINAGE AREAS LESS THAN WATER rtRA E rCRTTCOLLECT DEBRIS CH WELD IPTEOE SUPSIDAH ROAD AND ALLOWS rLOv.STS An TION sNAu;CT SE.EASEMENTS NOR I SUPERSTITION BLVD WITHIN TK OEVELWMENT ADA APPROVED 1 SOUARE MILE1 AND AREAS PROTECTEp DY LEVEES LOUT T° B v1TNIN DRAINKL PATES.EXN ACCESS RANDS SMALL BE INSTALLED AT ALL FROM IX ANNUAL CHANCE FLOOD. ALOWSTONSIIIE VI DR INA.0 ITS! CRPIR[S.12-L-2N2 DRAINAGETIDNS Q vAT[R. T 3.DRAINAGE TRACTS B •C L•D'SHALL BE MAINTAINED AND KEPT FREE OF WEEDS AND D,„,,,,,TM.m: ,Bros I DEBRIS BY THE SUBDIVISION KR AND/OR N.O.A. Is-r-�wT 1} .NB lmr1RND1r FINAL FIAT OF DETAIL I DETAIL 2 4 ALL LOT CORNERS SHALL BE STAKED AND MARKED MS IDS AS REWIRED BY LOCAL ORDINANCES. �`PCOIL & . ma. APACHE JUNCTION TOWNHOMES PUTT,INC CIVIL ENGINEERS&SURVEYORS WITHIN SECTION 17 T 1 N R 8 E G&SRM 2 3 195 N.100 E TIOAR OTT.UTAH RATIO A'M°� APACHE ANN:TIAN PINAL COUNTY ARIZONA ) FINAL PLAT OF APACHE JUNCTION TOWNHOMES A PLANNED DEVELOPMENT SUBDIVISION (AN AMENDED PLAT OF THE VILLAS AT SUPERSTITION MOUNTAINS-PHS 2 AS RECORDED IN CABINET H, SLIDE 029, PINAL COUNTY, ARIZONA) ravy21 0K"1REDISTPNCI DONTT1p66" 11.3 WITHIN THE SE1/4 OF SECTION 17, TOWNSHIP 1 NORTH, RANGE 8 EAST 00.2;=WN 1➢5' OF THE GILA & SALT RIVER BASE & MERIDIAN N a�1',=V SN • C 1. APACHE JUNCTION, PINAL COUNTY, ARIZONA �„n 2t 1N 20•55114.2 2747' 2212'E ]N%' 1.12 11.2116'E 2]95 _OnYli'[ II-[,p' Lu vC i)391)' T A9 s.• LEGAL DESCRIPTIONS: TRACT'c WM 005 ION TNRNT 0.01E A[CENGIN ENDRD LINDT. SUBDIVISION BOUNDARY cz r 'Yrm'IN - 6v3Yn. 2.2 353o KGINBUG AT PC SO,T7NEST COMER U IPKM 22 CtION 399 6695 LOTS I TWO.197 V10.USIVE.AND TRACTS A.I,C AND D. lOVN1R01CS,'MACE N EII9)'V.AIM FEET PENCE [] '])'M' Y 90J1 O'M VILLAS AT SUPERSTITION ICIUNTAIN PHASE 2 MYDfDIXD CS SW'.YN' '6]•21S,'v I]a1, 7 - µ0117 N.895859•E.ACE N FEET TO V. 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AN2FU >#7. w9 Nn1.AN FINAL PRAT OF 7\PLATT& ''"""1, ". 2 APACHE JUNCTION TOWNHOMES PLATT, INC CIVIL ENGINEERS&SURVEYORS "` WITHIN SECTION 17, T 1 N, R 8 E, G&SRO 3 of 3 65 N..L.MAAR OTT UT.N)30'-NO1m APACHE JUNCTION,PMAL EDUM0Y ARITONA gyp.gscfi (;;; a.a it UzCity ofA ache Junction 'aqt O�" Development Services Department PLANNING AND ZONING COMMISSION PUBLIC HEARING STAFF REPORT DATE: January 10, 2012 CASE NUMBER: PZ-3-11/SD-1-11 APPLICANT/OWNER: Pathfinder TRF Three LLC and Adams Construction Co. REPRESENTATIVES: Paul Gilbert and Dennis Newcombe of Beus Gilbert PLLC REQUEST. Applicants request a Planned Development Major Amendment and re-plat of an existing (but undeveloped) subdivision presently named "Villas at Superstition Mountain - Phase 2". The 14 .22 net acres property is presently zoned CR-5/PD (Multi-family Residences/Townhomes by Planned Development) , and is proposed to be renamed Apache Junction Townhomes. LOCATION: The property is located at the 1100 block .�. of N. Idaho Road, on the west side of the street (across from the library) . GENERAL PLAN/ ZONING DESIGNATION: Medium Density Residential (maximum of 6 dwelling units per acre) ; the property is currently zoned (and is proposed to remain zoned) CR-5/PD and it is platted for a 197-unit, two-story townhomes subdivision. SURROUNDING USES: North: Quail Creek Condos and Husky Hollow MH Park (zoned CR-5/PD and TH) South: Chaparral MH Park and vacant com- mercial lot (zoned GR and C-3/PD) Ask PZ-3-11/SD-1-11 (Beus Gilbert/Pathfinder/Adams) PAGE 2 OF 8 East: Residential lots, AJ Public Library and vacant State Land (zoned GR, TR and GR) West- Single-family residential lots (zoned GR) BACKGROUND The Quail Creek Condos, the subject property, and another 5-acre property (at the southeast corner of Plaza and Tepee) , were rezoned to CR-5/PD in the mid 1980' s for a proposed apartment development to be built in three phases . Quail Creek Apartments was constructed as the first phase (later became condos) ; the subject property was supposed to be the second phase; and the 5- acre property was supposed to be the third phase Lack of a city sewer system and State-imposed tougher standards for septic systems hampered the development of the second and third phases for many years . Then on August 6, 2002, the City Council approved Ordinance No. 1155 (Case PZ-6-01) , a Planned Development Major Amendment, establishing a development plan for the CR-5/PD-zoned, Phases 2 and 3 of the original Quail Creek development. Resolution Nos. 06-14 and 05-07, approved on May 2, 2006, approved the preliminary and final plats for Phases 2 and 3, which were renamed "Idaho Creek Villas Townhomes - Phases 2 and 3", by Apache Junction Town Square, LLC. Phase 2 was platted for 197 two-story townhomes and Phase 3 was platted for 47 two-story townhomes. Soon after the plat approvals, the Phase 2 and Phase 3 properties changed ownership. The new owners of the properties, A.J. -New Arizona Ventures LLC, requested a final plat amendment for Phase 2 to reflect the following: new ownership information; a new name for Phase 2, changing from "Idaho Creek Villas - Phase 2" to "The Villas at Superstition Mountain - Phase 2"; and to give Native American and local plant names to the private streets . The developers also presented new concepts for enhanced landscaping, for centrally located common area improvements and for the entry way. They also proposed multi- colored Tuscan style elevations for their townhome buildings. But no changes were proposed for the layout of the subdivision, the number of units, or for its functional elements Some on- site and off-site infrastructure improvements were constructed. p Asmik PZ-3-11/SD-1-11 (Beus Gilbert/Pathfinder/Adams) PAGE 3 OF 8 CURRENT PROPOSAL This is a request by Paul Gilbert and Dennis Newcombe of Beus- Gilbert PLLC, representing Pathfinder TRF Three LLC (owner) and ,,..., Adams Construction (owner/builder) , for a proposed Planned Development Major Amendment and re-plat of the platted (but largely undeveloped) subdivision presently named "The Villas at Superstition Mountain - Phase 2" . The new development plan proposes to redesign and re-plat the subdivided property from 197, two-story, market-rate townhome units, into 88, one-story townhome units constructed as duplex style homes, under the state' s Low Income Housing Tax Credit Program. The property will remain zoned CR-5/PD (Multi-family Residences/Townhomes by Planned Development) . The 14 .22-net-acres property is located on the west side of the street at the 1100 block of N. Idaho Road, across the street from the AJ Public Library (see Pinal County Assessor map 100-42 for current configuration) The property is proposed to be re-platted under the new name of "Apache Junction Townhomes" The applicants have submitted (see attached) a new planned development plan/preliminary plat for the subdivision, which proposes to decrease the intensity of the subdivision from 197 two-story townhomes, built in 3 to 9-unit buildings, to 88 one- story townhomes, built as duplexes . The new plan proposes a decrease in net density from about 14 dwelling units per acre to about 6 dwelling units per acre, and the homes are laid out in more of a single-family neighborhood environment. The models ..,.� offered include a 3-bedroom, a 4-bedroom and a handicap- accessible 3-bedroom model, all with two-car enclosed garages and small enclosed yards . A proposed office, clubhouse and swimming pool recreation area is located near the Idaho Road entrance, and another grassy play area is centrally-located. The applicants propose to construct AJ Townhomes under the State' s Low Income Housing Tax Credit Program (LIHTCP) That means that in order to qualify for certain tax credits, a certain number of their units have to be offered at rates affordable to low income persons (see LIHTCP info attached) . Even though the applicants are proposing to re-subdivide the property, Adams Construction will in fact manage and operate the units as rentals for a period of at least fifteen years, after which they can sell the units, giving first choice and Ago. PZ-3-11/SD-1-11 (Beus Gilbert/Pathfinder/Adams) PAGE 4 OF 8 opportunity of home ownership to their renters . After about 700 of the units are sold, an HOA will take over management of the neighborhood and the common areas . Ail 16 PLANNING STAFF ANALYSIS AND FINDINGS Relationship to General Plan: The subject site and properties to the north, west and south are designated "MD" Medium Density Residential, maximum of 6 dwel- ling units per acre (du/ac) . Despite the current General Plan designation, the property has been zoned for high density uses for over 25 years . This proposal to reduce the density to just over 6 du/ac on the net property is actually bringing the property much closer into compliance with the current General Plan designation. Since the underlying zoning is not changing, no General Plan amendment issue exists . Properties to the east of the subject site are designated Public Institutional and Public Parks Zoning/Site Context: The 14 22 net acres property is currently zoned CR-5/PD as mentioned in the background information The site is bordered by a variety of mostly residential uses including a condominium complex, manufactured home parks, large lot single-family residential properties and public/institutional uses to the east. Duplexes would add one more housing option to the neighborhood, offering their residents close proximity to central city services and shopping. Planned Development Request: The Planned Development (PD) plan is fairly straight forward, with not much being requested in the way of PD deviations other than private streets and most of the non-residential areas being held in common ownership. Standards for townhome developments are not specified in the CR-5 zone. The standards in CR-5 are really intended for rental apartment complexes . Townhome projects in Apache Junction are tailor made at the request of developers, thus they are handled as PD projects . Street Improvements: Idaho Road and Plaza Drive, adjacent to the property, will be required to be fully improved and dedicated as public streets (if not already done so) , while the internal streets shall remain private and be the responsibility of the management .•0 PZ-3-11/SD-1-11 (Beus Gilbert/Pathfinder/Adams) PAGE 5 OF 8 company and later, the residents. Street improvements typically include street widening, curbs, gutters, sidewalks, street- lights, fire hydrants, landscaping and drainage improvements. The property' s two entrances will be located on the Idaho Road .► side, thus minimizing the impact to the mostly large lot rural residential neighborhood to the west. Idaho is a 100-foot-wide right-of-way, section line road, which is intended to handle higher traffic volumes . Public Input: The applicants conducted their public input neighborhood meeting on December 22 . Unfortunately, no neighboring residents attended the meeting (see meeting summary letter) . The week after the meeting, three people did come into the Planning Office to enquire about the case. All three expressed concerns about the development, its low income aspect and how it may affect existing property values. These individuals took protest petitions with them, one of which was filled out and turned back in (attached) . Also attached is another letter against the development, as well as a letter of support from a county supervisor in Bullhead City. P&Z COMMISSION WORK SESSION At their discussion meeting on December 27, the Commission seemed generally favorable to the request. They had questions about the staff-proposed central amenity area, about the handi- cap accessible units and about the lots that are labeled "not a ,,` part". They did not believe this development was going to hurt surrounding property values; and they thought that the lower density and 1-story homes might be more pleasing to the community. PLANNING DIVISION RECOMMENDATION Staff generally supports the PD amendment and re-plat plans for AJ Townhomes and offers recommended conditions of approval for both the PD amendment and the preliminary plat below Please note that the Commissioners will need to make two motions to forward to the City Council, one for the PD amendment request (PZ-3-11) and one for the new pre-plat request (SD-1-11) . PZ-3-11/SD-1-11 (Beus Gilbert/Pathfinder/Adams) PAGE 6 OF 8 RECOMMENDED MOTION FOR PD AMENDMENT CASE PZ-3-11 I move that the Planning and Zoning Commission recommend to the Apache Junction City Council the (approval/denial) of Planned Development Major Amendment case PZ-1-11, a request by Paul Gilbert and Dennis Newcombe of Beus-Gilbert PLLC, representing Pathfinder TRF Three LLC and Adams Construction Company, proposing a Planned Development Major Amendment to the CR-5/PD (Multiple-Family Residences/Townhomes by Planned Development) - zoned "Villas at Superstition Mountain - Phase 2", proposing a new development plan to redesign the subdivided property from 197, two-story, market-rate townhome units, into 88, one-story townhome units constructed as duplex style homes under the state' s Low Income Housing Tax Credit Program; and to rename the development "Apache Junction Townhomes", subject to the following conditions of approval: 1) Street improvements, including but not limited to, the extension of pavement and the provision of sidewalks, curbs, gutters, streetlights and fire hydrants, normally required for CR-5-zoned properties shall be required as part of this planned development approval . 2) The proposed clubhouse, swimming pool and amenity area near the east entrance shall be complemented by a centrally located amenity area to include an equipped playground and/or tot lot and benches . Such improvements shall be shown on the final landscape ew plans, subject to Planning Staff review and approval . 3) The Plaza Drive and Idaho Road frontages of the property shall be landscaped in accordance with the approved landscape plans for "The Villas at Superstition Mountain - Phase 2" . Decorative masonry walls shall also complement said street frontages . 4) Landscaping interior to the development shall be provided as proposed in the applicant' s conceptual landscape plan. Numbers of plants and plant sizes shall comply with the city' s Landscape and Screening Requirements . PZ-3-11/SD-1-11 (Beus Gilbert/Pathfinder/Adams) PAGE 7 OF 8 5) The proposed duplex townhomes shall be constructed in accordance with the three model types submitted by the applicants as part of this PD amendment request. The homes shall be designed with southwestern architectural features, shall provide ground mounted air conditioning units and architectural treatments on all four sides of the buildings so as to preclude flat or blank facades, including pop-outs and roofline and color variations to add visual interest. 6) All applicable permits shall be applied for and plans shall be designed to current City codes prior to any construction on the lots. Inclusively, all applicable fees, including development fees, shall be paid at the time of permits issuance on a per-duplex building basis. 7) The preliminary and final plats shall reflect substantial compliance and consistency with the Planned Development concepts presented with case PZ-3-11, incorporated by reference herein, and as otherwise specified through these conditions of approval . 8) All common areas and tracts within and immediately adjacent to the proposed development, including perimeter buffer walls and interior and exterior common area landscaping shall be owned and maintained by the management company and/or homeowners association of the proposed Apache Junction Townhomes subdivision. RECOMMENDED MOTION FOR PRE-PLAT CASE SD-1-11 I move that the Planning and Zoning Commission recommend to the Apache Junction City Council the (approval/denial) of case SD-1- 11, a request by Paul Gilbert and Dennis Newcombe of Beus- Gilbert PLLC, representing Pathfinder TRF Three LLC and Adams Construction Company, for a new preliminary subdivision plat, proposing to redesign and re-plat the former "Villas at Superstition Mountain - Phase 2" into a new development to be named "Apache Junction Townhomes", located on the west side of the street at the 1100 block of N. Idaho Road, subject to the following conditions of approval : PZ-3-11/SD-1-11 (Beus Gilbert/Pathfinder/Adams) PAGE 8 OF 8 1) All conditions of approval for the CR-5/PD zoned property as approved pursuant to Planned Development Major Amendment case PZ-3-11 shall govern the design and subsequent improvements for the Final Subdivision Plat. 2) Within one year of Preliminary Subdivision Plat approval, the developers shall submit for formal review, the Final Subdivision Plat and improvement plans for the proposed subdivision, to include final landscape and amenity area improvement plans . 3) Street improvements along N. Idaho Road and Plaza Drive, including but not limited to, the extension of pavement and the provision of sidewalks, curbs, gutters and streetlights shall be designed and constructed according to the City of Apache Junction Engineering Guidelines. 4) N. Idaho Road and N Plaza Drive, adjacent to the subject property shall be dedicated as public streets (if not already done so) . The interior streets shall be private streets, perpetually owned and maintained by the management company and/or Homeowners Association for Apache Junction Townhomes This case is tentatively scheduled for City Council work session on Monday, February 6, 2012; and for public hearing by the City Council on Tuesday, February 21, 2012. r. Prepared by Rudy Esquivias Senior Planner/Zoning Administrator Attachments Exhibit #1 - Application for PZ-3-11 Exhibit #2 - Zoning and Vicinity Map Exhibit #3 - Assessor's Map of current Villas at Superstition Mountain - Phase 2 Exhibit #4 - Citizen Participation Plan Exhibit #5 - Citizen Participation Plan meeting invitation with exhibits Exhibit #6 - Neighborhood meeting result letter Exhibit #7 - LIHTCP info from ADOH web-site Exhibit #8 - Protest petition, protest letter and letter of support Exhibit #9 - Proposed Home Plans - 3 bedroom, 3-bedroom (HC) , 4-bedroom Exhibit #10 - Proposed new PD Plan/Preliminary Plat for Apache Junction Townhomes Exhibit #11 - Proposed Landscape Plan CITY OF APACHE JUNCTION PLANNED DEVELOPMENT AMENDMENTS/TIME EXTENSION/PRELIMINARY PLANNED DEVELOPMENT PLAN REVIEW APPLICATION I/We hereby request an Amendment/Time Extension/Pre-Plan Review for my/our Planned Development zoned property. The request is as follows. We ar< e..s.A44..1.. 4/.a Zs* /9roj{r ly ' 4 117 ewr,fs 2 Siori Cphc.t Jo 5µ31e I/ F1)8 awe sforY The case number of the original Planned Development zoning was. ?Z- ` d 1 Please check appropriate letter: 13' I have submitted site plans an/or elevations for a Preliminary Plan or an Amendment Request 0 I have submitted a new development schedule for a Time Extension request. Legal Descnption of Property(found on County Tax Bill Notices) LOTS 14otA.gL I9-7, cLc4.Ve. a,.d ?rac.4r A ..••0 1) tMcl Scve 1,4 "TNt Vcu.w$ A-r St.qerSt bu.vn{a.w 'rase o e,..ict.ns -lo {l,e. ��} grf coal µ {Lc 0.14.ic.e of IL (rw l( Reu,�l.r at Q...l ( }fir llvs.aw trcr+b••1 r, CMual N,Sl�e l County Assessor's Tax Parcel Number: /00 - 1E5 ult. 3s� Amok Describe the reason for the Amendemnt/Time Extension/Pre-Plan Review for the property: We are)) l.,�.,, �K Jong less 4 ei a. -/f.,e �r.p•.�lr -fry., 147 2 s/.err w.i'1s Ia gg SJ.j!e ,'lc . FOR OFFICE USE ONLY Case No Date Filed: Receipt No: Proposed Ordinance No. Application Received By. Fee Amount: $ UWe certify that: UWe are the owner(s) of the property described in this Planned Development Amendment/Time Extension/Pre-Plan Review application and have submitted copies of deeds or title reports as proof of ownership. UWe have read the application instructions and have 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 --� UWe,beiag. the owner(s)of the pr pe in this application,have appointed 71 ' /�ha41 414ittis my/our representative agent. UWe have authorized him/her to do whatevef s 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 cvk of ` r ee L L(- Property 161 Owner Name Si ure ?A F .. V,kL1 c Frf' t-1 Si,l 1 e- 70 (✓ Street Address TP v2 , 9 s57_s; 1 ( 80) 05 - iq 0w City, State,Zip Telephone � / j % n5 <Gr7S eljWl. - —" . Property Owner Name Si / P i4f E/44 ZY('o :oil ! . ct/' ackt(X ) Street Address Sf- b.f., LAI g4790 0'30 65-a- 0101 City, State,Zip Telephone ; Igid ent Namp Signatur - dx) /Y d1/2h. AGC,-Calk lPGOO Street ddres Scv a/-� ($ 2 7 g8o- yo('/-300 City, State,Zip Telephone STATE OF ARIZONA) The foregoing instrument was acknowledged before ) SS me this nal.day of Oeciatin1D2s' ,20 ! L . COUNTY OF PINAL ) OFFICIAL SEAL C')` ; CHAZILYN BROWN ( )N0TARY ji PUBLIC•State of Arizona MARICOPA COUNTY Notary Public. My Comm.Expires Nov 1,2013 My Commission Expires: NCV \ , aO1 3 ...... PZ-3- I I / 5D-1- 11 A PROPOSED PLANNED DEVELOPMENT MAJOR AMENDMENT AND RE—PLAT OF "THE VILLAS AT SUPERSTITION MOUNTAIN — PHASE 2" (A 14 . 22 NET ACRES , CR-5/PD ZONED PROPERTY ) FROM 197 , 2—STORY TOWNHOME UNITS , TO 88 , 1—STORY TOWNHOME UNITS . 0 W. TEPEE 5TREET 165' 165 1._ --' —�-�i 165 165 G R /w. 4E a?„ GD LC n 3C nbt 1 CD 1 1D IC IA .,1 165'i 165" 30 330' (_ —....1.580 — —�, 330 ' I65' 16 '-� '� —1 ‘IZ 9C8F� a 1�'/ �68 6A O t 0R "' 0I QUAIL CREEK BE ,,,,. 5„1FROCt sr 36_39 S30 _ I CONDOMINIUMS ( ,t' 165' 165 165' 165' 1"'- y ® 13E ® 0 = ® nTH II ( � 1 �, SEE MAP 100-62 HUSKY HOLLOW n I ' Q ° 34 ® I MOBILE HOME PARK y 1 CjR-5/PD �� _ [/yam ,)�—_ /` /` in o O .!•1 < 1 - 4 U 660 660 1` ,(7c I -'D) 7� O _ •�ROUMDL$ $1 i I65' 165 Q - ,i �" --' 1 1 °D 0 II / 1 O OF /� 4 1 BAYWOOD $ 165' 165 1— 1 1' CI ' MOBILE HOME PARK I S4 0 l I00 "- Z 1 TH 0 © h _I 660 1 1 330' 01 C-3J Pp 1 0 1 29 1 GREA>EWOC✓=-t 2; 1 ( ROUNDUP n 0 BB R1 CHAPARRAL 1 MOBILE HOME PARK ^ ^ n MOBILE HOME PARK I 1 ---660— _ _' 330 350 660 1 I _ - - ._ — _ — ^ - a-- z„ — �j TN 1 C.8�2- a55 2021 MOBILE HOME PARK 1 ^� o 1 n '�'�h 2G 2C (1 I 1_ — —680--- W. 5 U P E R SI 1 T I ON C3OU LCVAKD iM SUBJECT SITE :- : ZONING BOUNDARY `,__I (REMAINDER IS GENERAL RURAL) NRESIDENTIAL DISTRICTS . GR, TH, CR-5/PD COMMERCIAL DISTRICTS : CB-2 , C-3/PD NOT TO SCALE ) , 3 EC 17 E. -11\11NI RC) 8E .1. 0 C 1 ‘---' ---, -,' SEE MAP 100-31 SE: .,,,...::- 1 --,f,., :3 L. ....' — IDHr-10 CR--__D\ VILLAS _ . , . PHASE 2 i -- • '1 LOCATION MAP MEMI , --- .-4;- i'0 ----- ---) gall 11. .:0. ...PP'S A - l,— ) vi a-0 —7— -. J...11..0 Lifil .k`i '74,f.ii,c;f7 1 41 i—il. __ ..• . I N' --- '4' - -17-- -2-- -- .—1-7 r , , Ili .;_1,..„, , _ 'Ai t. ,,,f2.1,Y;$1;.....".!: \ , L [ 1 1 -CALL 1 - 100 (AMirl, ;1 ,.. ..1....a.....4,4.1...,1:._ - ,,... r•---1 '7.•v'-' -1 620 .4 : ,- NrCTII.I -14- €4 : 7,-;;;---1 t....t-$... . ' .9....4 ' P -0`"-rink. 1:'---- z.ti,,, -...:.;'• -4r- !--p---1 ,------,--. I . .., f 1.4 IL '''''' 1 i'...il? 1 k-K.'4'.,--1 •', IgT-' 1*- -1,4 • --t.,-, Al.---rf,- C— ':. ,. _ .4 a_... ...g .... I1.4.t•.z... s....,.. . ..; t% q ?.9_ t,_!...P RAI 7 A '11C1.111 nr MAP .,b. i'z a- i I 1 1,1A;u7LVA...ti• fr.l.f.V•ztl it) i f 1. ,.=1 r - kJ i> , li ,t.:5 /- ....., 0 - — •-• iF1 4' 1 1.--1-17 1 . 74 k•-t::---, fr tt` 1 t.--Pt-i t:_---.... .1 4-21-, ,• r.?_ 1 il ..‘,. 3 .... -- Ei il ---r---.0. le ..,111,11 Ye ::. IA I is 'EC r.'1,P 1CiD-71 t ...,]iirCr.est), irz. 1 18 ! :i...__Li .....r............", 21 1 22 1 2.3 24 ; _ IsN..., 1. BRORDWAY AVE IRIS HAP IS RCA lAX PURPOSES OK, 8 tAil on-Icr'.tU.HOT ASSIPIE LIABILITY UP 9 I 4... PcParsunAtio,..mraqu*E.tos iy,Ar.,7EAcr ....c. y 29 , 26 s).22 26 23 CAWELED PARCELS'0 il,,,IL ,e ORIGINAL IttivriS OR SUBDIVION _.V.it.P.3_6•17 IS PLATS ARE 7, N ON rILE 14,4 7,1 PIN4L COUGVI RECORDERS . --r— r 1 arriCE rEN C k.u«Pi:Ii ormisk ioro PO'ALA? di" :33 $4 3 6 BASEL.P. AvZ 1'\1'.4l. :=1..INT ( ASSESSOR MAP 66\5se5Sol 's V\4-\ ' A• 41> 'urzig.e-1,1--r RAT LAYouT) A MAJOR PLANNED DEVELOPMENT AMENDMENT. APACHE JUNCTION TOWNHOMES, A DEVELOPMENT BY ADAMS CONSTRUCTION & MANAGEMENT. Citizen Participation Plan Approximately 14.22 net acre property. Property Address: 1170 North Idaho Road. (Located a '/4-mile north of the northwest corner of Superstition Boulevard and Idaho Road ) APPLICATION NO.- Prepared by: Beus Gilbert PLLC 4800 N Scottsdale Road, Suite 6000 Scottsdale, Arwona 85251-3100 (480) 429-3065 Dennis M Newcombe - dnewcombeebeusgilbert.coin December 5, 2011 Citizen Participation Plan foi Apache Junction Townhomes (approx. 14.22 net acres). 1170 North Idaho Road, Apache Junction. A Development by Adams Construction & Management Co. Slim In Al,DATE• DECEMBER 5,2011 PURPOSE: The site is Iocated north of the northwest corner of Superstition Boulevard and Idaho Road or more specifically 1 170 North Idaho Road(the"property") The purpose of this Citizen Participation Plan is to inform property owners, interested parties, homeowners associations, agencies, schools and businesses in the vicinity of the site regarding an application for a Major Planned Development Amendment This plan will ensure that those affected by this application will have an adequate opportunity to learn about and comment on the proposal. CON fACr• Dennis M Newcombe Planning Consultant Beus Gilbert PLLC 4800 N Scottsdale Rd., Suite 6000 Scottsdale, AZ 85251 Direct- (480)429-3065 Fax- (480)429-3100 Newcombe c beusgilbert.com PRI:LIMINARY DEVELOPMENT REVIEW SUBMIT!AL. There Ns ill be a Preliminary Development Review meeting with the City within approximately 2- eeks of the application submittal date(i e, Dec. 5th) The purpose of the Preliminary Development Review process is for the City Staff, other public agencies, and service providers to pros ide information as well as feedback regarding our proposed project Our hope is that since we are reducing the number of residential units significantly and working from the same site/engineering plans previously approved for the property we will have minimal development items to resolve ACTION PLAN• In order to provide effective citizen participation in conjunction with this application, the following actions will be taken to provide opportunities to understand and address any real or perceived impacts this development may have on the community 1 ) Contact lists were developed for noticing within the area of the property, they are • All homeowners associations and property owners within 300' of the property (See attached list.) • An interested parties list. (See attached list) 2.) All persons listed on the contact lists above will be sent a letter describing the proposal, building elevations, site plan, and invitation to neighborhood meeting on December 22, 2011, to he held at the• Apache Junction Parks and Recreation Multi-Generational Center t'itizen Participation Plan for Apache Junction Townhouses(approx 14 22 net acres) 1170 North Idaho Road,Apache Junuuin A Development by Adams Constriction&Management Co Page 2 of 2 located at 1035 North Idaho Road A copy of the letter will be provided to the Senior Planner, Rudy Esqui‘ias, for the City's application file • The meeting will be an introduction and opportunity for individuals to ask questions and state any concerns or issues they may have with the proposal. A sign-in list will be used to document those that attended the neighborhood meeting and so we can acid or confirm we have them on our lists above if not,we will add those individuals to our interested parties list for future public notices Additionally, the sign-in sheet will help us follow up, if necessary, with those individuals whom may have had questions or concerns that could not be addressed at the neighborhood meeting • A second meeting, if deemed necessary, will be held to address responses to questions and concerns if not adequately addressed in the first meeting 3.) Presentations will be made to groups of citizens or neighborhood associations upon request. 4.) All persons listed within the contact lists will be sent a public hearing notice letter identifying the public hearings and their dates, times, and locations for the proposed project A copy of the letter will be provided to the Senior Planner, Rudy Esquivias, for the City's application file PROPOSED SCHEDULE: 1 ) Preliminary Development Review Submittal - December 5,201 1—Completed 2) Application Submittal—December 5,2011 —Completed. 3 ) Neighborhood meeting letter mailed—December 8, 2011 4 ) P&Z Work Session (300 East Superstition Blvd in the Council Chambers) - December 13, 201 1,7 PM 5 ) Public notices mailed regarding public hearings—December 19, 2011. 6) Required posting of property for public hearings —December 20, 2011 7 ) Neighborhood meeting(Apache Junction Parks and Recreation Multi-Generational Center located at 1035 North Idaho Road) — December 22, 2011. 8 ) Submittal of Citizen Participation Report and materials—January 3,2012 9) P&Z Public Hearing(300 East Superstition Blvd in the Council Chambers) - January 10, 2012,7 PM 10)City Council Work Session(300 East Superstition Blvd in the Council Chambers) - January 17,2012, 7 PM 11 )City Council Public Haring(300 East Superstition Blvd in the Council Chambers) - February 21,2012,7 PM .•. it BEDS GILBERT Y LEG ATTORNEYS AT LAW 1611N 4800 NORTH SCOTTSDALE ROAD \•� SUITE 6000 ifx,SCOTTSDALE, ARIZONA 85251 7642 (480)429-3000 WRITER SDIRECT UNR FAX 1480)429 3100 480-429-3065 dnewcombc(bbeusg)ibert corn ,..,, 10090-003 December 8, 2011 VIA U.S. MAIL Re. Neighborhood Meeting - December 22, 2011 Proposal Apache Junction Townhomes (approx. 15.31 gross acres). Maior Amendment to the Previously Approved Planned Development. Located at. 1170 North Idaho Road,Apache Junction. A Development by Adams Constriction & Management Company Dear Neighboring Property Owner. An application for a Major Planned Development Amendment (the "Amendment") has been submitted to the City of Apache Junction Planning & Zoning Division The Amendment is being proposed to amend the previously approved Planned Development (The Villas at Superstition Mountain — Phase 2) for the property shown on the attached "aerial map" or more specifically the approximately 15.31 gross acres located at 1170 North Idaho Road This Amendment request proposes to reduce the number of residential units from 197 to 88 residential units and the building heights from 2-stories to 1- story (See attached "Site Plan") Our client plans to develop a townhome development on the property, which will be designed exactly like their project completed in Bullhead City, Arizona (See attached "Photo of Townhome Buildings in Bullhead City") With that said, the proposed Amendment will be .•. significantly less dense and lower in height than the previous approval (The Villas at Superstition Mountain — Phase 2) on this property We also believe the proposed Apache Junction Townhomes development will be more appropriate for the area Our client, Adams Construction & Management Company, looks forward to developing this vacant/partially developed blighted property and providing an asset to the area as well as residential homes within close proximity to services within the community. To that end, we will be having a neighborhood meeting to discuss our client's proposal further NEIGHBORHOOD MEETING Thursday, December 22, 2011 6.00 PM to 7 00 PM Apache Junction Parks and Recreation Multi-Generational Center Classroom 117A 1035 North Idaho Road Apache Junction, Arizona 85119 Telephone No (480) 474-5240 Note• The Apache Junction Parks and Recreation Multi-Generational Center is located directly across the street from our client's property (See attached"Aerial Map") DoeumaINumhc 138516 Dear Neighbor Apache Junction Townhomes (approx 15 31 gross acres) 1170 North Idaho Road,Apache Junction Neighborhood Meeting. December 8,2011 Page 2 of 2 We invite you to attend the upcoming neighborhood meeting, but if you can not attend, please feel free to contact me, Adams Construction&Management Company's representative ^� Dennis M Newcombe Planning Consultant Beus Gilbert PLLC 4800 North Scottsdale Road, Suite 6000 Scottsdale, Arizona 85251 Phone (480) 429-3065 E-mail dnew_eombe beusgilbert coin Please be advised that public hearings before the City Planning & Zoning Commission and City Council will be held to review this proposal in the coming months. You should receive a second mailing in approximately 3-weeks identifying the date and location of those hearings if you require additional information from the City of Apache Junction, please free free to contact the assigned City Staff person below. Rudy Esquivias Senior Planner/Zoning Administrator City of Apache Junction 300 East Superstition Boulevard Apache Junction,Arizona 85119 Phone. (480)474-2645 E-mail. resquivias!a�.a�city.net Finally, we look forward to a positive involvement with the community and maintaining an open dialogue throughout the entire public process Thank you again for your time and consideration Very yours, 1.JS GILBE PL r r Dennis M Newcombe Planning Consultant Enclosures: Location Map,Site Plan, and Photo of Townhome Buildings in Bullhead City ) — 1 _--."[ Pinal County Site ° r. n tl C V h •'Y .�7,'�[S� Ai�l.: �.r- ±` K f....a-ww.w..pp.��w. r.Lyo!',e rrR•i..r:-.i rve ''+A f Wt:+ ' _. 1 }.. tr{ �.1t reTt ry4 I y I' =c•, `f ,ti N},fi r.: rs 3 � j��j�'��' ` i C�" ;v W SMOKETREE sr L `i $' av _ �.}•h- .'r`-Az- 'p�¢ .4 4K�-o�' -.1,1� R1i Falt' 6+l�i r r J ✓', •~ al ,,pp,,��,,}}t-- f , r�V f• - y.. • ♦4i'r_• y 1•b k � r. 4 . tin i ,"a"1 i'#.(;• 'ie - .,•." , • sr r yam •.,{ Mt ,,:Frii t jaw,t t k . .. X �• . X••t"tiql1 4A-74'..:i 7 r i x'I G�, 'i RTItligi . ''.i 3 � f £�t'E'".,.., t�dy nil,r' -.w't..sYj� w;., •'n•...' 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Je 1 !I ./ , Jt 1 • #a a 7. yr L) T- yr r • i t • ? kL✓A �`3r ty`3',�,• •*:1J..{ R P t j�'�' 4•-I .t a die :f rt' Y),, r ! 4 BEDS GTLBEET PLI.0 ATTORNEYS AT LAW 4800 NORTH SCOTTSDALE ROAD SUITE 6000 SCOTTSDALE,ARIZONA 85251 7642 (4801 420 3000 WRITER'S DIRECT I INF FAX 1480)429 3100 PIN 480-429-3065 dnewcombe@beusgilbLrt corn 10090-0003 December 23,2011 VIA E-MAIL&U.S MAIL Mr Rudy Esquwias Senior Planner/Zoning Administrator City Apache A ache Junction 300 E Superstition Blvd Apache Junction,AZ 85119 Re: Outcome of Neighborhood Meeting—December 22, 2011 Case PZ-3-11 Apache Junction Townhomes(approx 14 22 net acres). 1170 North Idaho Road.Apache Junction A Development by Adams Construction &Management Co Dear Rudy We held our neighborhood meeting last night and not one person from the community attended We stayed a little over 'A-hour before we packed up and left(r e 6 30 PM'ish) This is certainly good news. I can also advise you that I received only one telephone call from a gentleman advising me that he received multiple letters, which was due to the fact he owns multiple properties within the notice area, and an e-mail from a woman interested in one of the proposed units If you have questions regarding this correspondence or the neighborhood meeting and neighborhood outreach to date,please feel free to contact me Very�'t`r�u truly yours, UE S G(B —ILY3ERT PL 1 /r r Dennis M Newcombe Planning Consultant Document Nuv.Aa.13971 Low Income Housing Tax Credit (LII ITC) Program - Arizona Department of 1 Lousing Page 1 of 2 HOME j ABOUT US'CAREERS'EVENT CALENDAR I FAQS!CONTACT US burl'AVM! AD2 I I_,Lat n n__reek .r key ev OPR!NT PhGE caMARETHIS General Information Home I Programs for Housing Partners/Low Income Housing Tax Credit(LIHTC) Program Seivices for the General Public Low Income Housing Tax Credit STAY UP TO DATE .�. ON NEWS AND EVENTS Programs for Housing Partners (LIHTC) Program Training 8 Events Press Room Program Description 2011 LIHTC Final Reservations List 10/21/11 Publications and Links As part of the Tax Reform Act of 1986 the United States Congress created the 2011 LIHTC Applications Received Forms and Handbooks Low Income Housing Tax Credit(LIHTC)(IRC Section 42)Program to promote the development of affordable rental housing for low-income individuals and 2010 Competitive Round Arizona Housing Commission families To date It has been the most successful rental housing production Reservations List program in Anzona,creating thousands of residences with very affordable rents Anzona Housing The Low Income Housing Tax Credit rather than a direct subsidy,encourages 2010 LIHTC Applications Received Finance Authority investment of private capital in the development of rental housing by providing a _._ credit to offset an investor's federal income tax liability 2009 Competitive Round Final Allocation List How Tax Credits Work Tax Credit Prolects 1987 to Current A low-income housing tax credit is a dollar for dollar credit against the federal income tax liability of the owner(developer or investor)of a low-income housing sup development Tax credits tnat are allocated to a development are claimed in equal amounts for a 10-year period The rental property generating the credit must remain in compliance with the program guidelines and rent restriction requirements for a period of not less than 30 years from the first taxable year of the credit period The amount of tax credits available for allocation each year by ADOH is established pursuant to certain requirements of the Internal Revenue Code Tax Credits are awarded for specific developments pursuant to ADOH's LIHTC Qualified Allocation Plan.Tax Credits must be allocated by ADOH to a specific development in order for such credits to be claimed by the developer or investor The procedures followed by ADOH in awarding credits are described in the current Qualified Allocation Plan(QAP) Eligible Developments In order to be considered for Tax Credits in Arizona the proposed development must involve new construction substantial rehabilitation or acquisition and substantial rehabilitation A development qualifies for low-income housing tax credits if it is residential rental property and meets one of the following requirements • At least 20%or more of the residential units in the development are both rent restricted and occupied by individuals whose income is 50%or less of the area median gross Income(AMGI)- or • At least 40%or more of the residential units in the development are both rent restricted and occupied by Individuals whose income is 60%or less of the area median gross income(AMGI)' Tax Credits may only be claimed on units that have been set aside for participation under the program Since Tax Credits are awarded on a competitive basis ADOH's Qualified Allocation Plan(QAP)encourages "targeting"of the units to income levels lower than the federal limits described above For a list of Low Income Housing Tax Credit projects funded since 1987 click here 'The median income tables are established and adjusted annually by HUD ,•n• , •ac.,v 1T-1-2'i 1')i77/7(11 1 Low Income Housing Tax Credit (LU ITC) Program - Arizona Department of Housing Page 2 of 2 Arizona Department of HousingPrivacy Policy �� Arizona P Dy ,;"a..• b 1110 W Washington Street Suite 310 Phoenix,AZ 85007 Staff Directory /b : ,� A Department PHONE 602 771 1000 TTY 602 771 1001 FAX.602 771 1002 Site Map ' of Housing '�'• ` vier Copynght®2007 Arizona Department of Housing All rights reserved Spanish y PROTEST PETITION o u c .. o v ° g � 'T a A We hereby rotest rezoning case PZ- 370 where a zone change Is proposed E ° from /9 S to R.� evP -sJo at ltCO Mock of 1J.T� !� A ?u„c . �, . , p«h� o y � nja� el-rarre�OlVNhO! ' , -f'uu0nhv e1ip)e /uw , (location 1'ur,ds iOG-Yz-issfo T h Uf11�S .. ,ncd 3 5- c >- 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 ▪ L a a, N .0 • 6,, p thereof extending 150 feet therefrom, or of those directlyopposite thereto A extending 150 feet from the street frontage of the opposite lots L 7 I.- C V T .2 f Y C. We have read Zoning Ordinance Section 13.0108 which is printed on the reverse _ side of this petition. 9 . C a N « q T .� u ` N v - Ea+ . 4' b. We understand that if we own the property as joint tenants, both husband and LI a a wife must sign. If we are contract buyers, both buyers and sellers must' Dot ° sign. If we are partners, all general partners must sign. g g A o a E We are protesting this rezoning for the following reasons t / r / I 1 a o q L8 . c 1.TA,SpropQr-�y (Asap!._,llctilrje. w,II have alvfgJi ,rye On our pr-jperly ✓a./Ne_S, v:_ u .o ✓ J A ✓ 1 w a ° 2 Tips usage- cl-emge cou.r'i+ +ncrees_e ri[,Me. rn -lie. area. ` ..7 C i- C 0 Lam•. � I ✓ I L f /�-r /_ 1 f J� c° aL. N d t;c 3 ('Ou.)ri /1elc_I-,vel/ inTorLr iMa j ,'f' P 6/ ,n1 .SQ cjase lb C�� 01-7-2 CeS, m o s J J e rK cQ q a - 4 This ( ckaiLie Lc8.;.l.( lower fi,e properly r' e��ons : sn,e roioerliy, a u a a 5 17S 71715 are, AGs Q t]recj-inew 051 WIC. •SyIperri,4011 /'lUU/1�Q1115. eineC/oSe j-d ap1En,i,c5 a• - a- .1 2 ;-7 i,r bc4-4-,- So.fed Poo SC,1,orAous,r, orgcrr, ed M'ele[�2 7v upsccde_ A0ag,,,q, J J COUNTY ASSESSOR'S NAME (PRINTED) SIGNATURE BOOK - MAP PAGE - PARCEL NO I 54e\/en L,. Bi)ter �` 100 _ yz _ aslo8 2. 3. - - 4. - - STATE OF /4/r/tcwa`- ) SS This 3 ns rument was ack wledge before me this day q f��( . )o`r-` , 2 0 /� - COUNTY OF Tar/Cge�- ) by 06,,LJGur �o „.."' OFFICIAL SEAL 0 ` HEATHER ROBB ~),` Notary Public-Slob,of Arizona MARICOPA COUNTY My Comm.Expires Jan.3 I 2015 NOTARY PUBLIC MY COMMISSION EXPIRES: STATE OF ) This instrument was acknowledged before me this ' ) SS. day of , 20 , COUNTY OF ) by NOTARY PUBLIC ' COMMISSION EXPIRES: PROTEST PETITION ai e A. We hereby protest rezoning case PZ-g/Isbl-lwhere a zone change is proposed "' L from to at ( location) J• v - a � > = " 8 We certify that we are the real property owners of the lots included in the ` ° proposed change or of those immediaLely ad4acent in the rear or any side thereof extending 150 feet therefrom, or or those directly opposite thereto - ^ ,_ extending 150 feet from the street frontage of the opposite lots ;,� t 3 1 Y C We have read Zoning Ordinance Section 13 0108 which is printed on the reverse ' = 'W Q N - side of this petition. > - CIJ E v E r, D We understand that if we own the property as joint tenants , both husband and uL y ` v wife must sign. If we are contract buyers, both buyers and sellers must r g o u ; sign If we are partners, all general partners must sign. aE We are protesting this rezoning for the following reasons. -. A `co c 1 lrci ZiS� C %,�G4/t1�Q i � 1 �' 1/ �.� i /t ly ,r c �1 N c ° E ., a. Z . �'CZd'Zl •�'✓�� °�' �G�,� 'CG j �GGt'Cs� i/�Ci �r1ZLCZ� Le fi'Lc c - c a, r a - L 3 . <C�>•=s�xt�1 'U/)Uth'L GpYG,2�CCCL 4 i ,/Gt[ 1e,g 1 ��, S V N 5 e, t .et-`_2a .-ft.i, 1.Cre'`6!.. tet, (C-4-�C:71-GAG' ,,��)�,/ o c m •v° A o " 4 . G^1„,-f.n a ,;i!� , yz.�/., ,fir. o,,/aa L� -j^_r-?--AP%4el, •i l;/(�{(� � ace%e e.ci,z - i e1 t ,L k.:% q 1 v rn dGL7Jk tit, 94` L1�J�-lt,ti"•l-`=„Lee.„ QiL'^G -�=i / U �, n r ° 0.. ., 5. /� ZGr-4. t.K'!1.(�a^,, , "1-71'c fi, ,D"�L -te �i-g-,4 /2('- cJ G. i�t c ,' .. 1 ° -+ ) LLIC If 4/71.9.4(pipai-4tt 1 ii,,,A L COUNTY ASSESSOR'S NAME (PRINTED) SIGNATURE l BOOK - MAP PAGE - PARCEL NO 1 . /1= ti, '' -5Atiti'4 .3 r r_ i 100 - 41. - i ii.3r`� 2 1 f to 1,1 id4 tip' - 3 i, t - - 4 - - im5LTATE OF A ,IZONin- ) This istrument was acknowledged before me this ) SS. `1 day of -J )(}AQV , 20 iZ , COUNTY OF -44/0/IL-) by o`-ri .�1>•-t,;j .__ • tits err OFFICIAL SEAL i o DEBORAH M PAPADANTONAKIS 5,6 J i o a Wary Public-State of Arizona 2 �,� 444-J i PINALCOUNTY 1 TARY PUBLIC • My Comm ExpIree March 29,2015. MY COMMISSION se v.mma ^ _COMMISSION EXPIRES: ± aj Z /5 STATE OF ) This instrument was acknowledged before me this ) SS. day of , 20 :OUNTY OF ) by NOTARY PUBLIC IY COMMISSION EXPIRES: PROTEST PETITION Cv : t] i � o▪ A We hereby protest rezoning case PZ I 't where a zone change is proposed E � � from to at • 0 , (location) a• t B We certify that we are the real property owners of the lots included in the c40 - ._ proposed change or of those immediately adjacent in the rear or any side a .2 4 6 thereof extending 150 feet therefrom, or of those directly opposite thereto extending 150 feet from the street frontage of the opposite lots I c u 4 ▪ C We have read Zoning Ordinance Section 13 0108 which is printed on the revers• n o a c side of this petition. > o u .. Y Ztgat, E2 D We understand that if we own the property as joint tenants, both husband and • o L 2 .t wife must sign If we are contract buyers, both buyers and sellers must — sign. If we are partners, all general partners must sign. U9 L .. Cl. 6.1 2. b ` r E. We are protesting this rezoning for the following reasons: • t O t N H L _ r a u I i V 19 A L. 1 0 . SC 1-e�i�" C L A' S S i 2. ')D V J.,2c_ .�.`D 1 �(.> .2 O .I• C 8 C 8'a . v A r • . 2 --`Vifc c_t c O)� t,t i\1f L7 Imo, CO 61 G OI✓ .` `'' c.- C > 3. 1 L> _rJ LS 14 9 P 2.3 ? Q' ` L)A l -L k& 0 1-) 4\..6 -�rst-_--rT Fe i�P. om m Cr, u o III C C c -- c `u� 'o c t x. � Q Al_ Q i L.I.L.I.s? t`1J F4 is F\ .(},.!l �Qt�P , 4q LI AI 4. 1) 1 - 'Ul-j r�- -,.XJ i c-ay 4 .,.,"' a E.L �uc Ror s c S) t)-i;=rz- U - U.,\-ca ! rJ ,t_`''l N12-A- d 0 c ill5. L U Q N 0. 1 i COUNTY ASSESSOR'S NAME (PRINTED) SIGNATURE BOOK - MAP PAGE - PARCEL NO r 1 iu_)/-Fk f2� t4th6 ,,,,,,, PJ.r Inc) - 4 2 - 0 2'1 2 IN L-c' Arr-A. \VAL.LACC PIE: f jti.4 02 U9�C 5- - P7-1411 i Ory - .42 - 02 ' 3. 4. - - STATE OF ) This instrument was ack wledged before me this nn c ) SS. 1() �� h da , 20/c , COUNTY OF 1-D(/}`Vd ) by 91=1 ex-tJc-(t ,...*,:;',"1,?:...!:;:::f., NOTARY PUBLIC STATE OE ARIZONA S Mfaricopa County *. SHARON EDMINSTER No-N\ My Commis�.cr E L-"",:s MarU 31,2012 NOTARY PUBLIC MY COMMISSION EXPIRES: 3/3/� Ic;)(91a STATE OF ) This • strument was ac sowledged before me th' s ) SS. day f �•,m , 20/a COUNTY OF ) by �-/AJa a t,0 '( � c • , ''ry, NOTARY PUBLIC ik ° STATE OF ARIZONA /,, Maricopa County /(} •-,,,d SHARON EDMINSTER /\)(A\SUt— --) Y PUBLIC My Commissicr-xo, arch 3.,2012 4Y COMMISSION EXPIRES ' l� /� , SECTION 13 0108 PROTEST PROVISION If the owners of twenty percent (20%) or more, either by area of the �•► lots included in a 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 file a protest in writing against a proposed amendment , it shall not become effective except by the favorable vote of three-fourths (3/4' s) of all members of the governing body of the municipality. If any members of the City Council are unable to vote on such a question because of a conflict of interest, then the required number for passage of the question shall be three-fourths (3/4's) of the remaining membership of the , City Council , provided that such required number of votes shall in no event be less than a majority of the full membership of the legally established City Council Protests against amendments shall be made on forms provided by the Planning Department , and shall be filed with that Department no later than 5.00 p m on Tuesday, one week befo"re the City Council meeting at which the City Council votes upon the proposed amendment Signatures may be removed from any protest form no later than 5.00 p m on •the Friday preceding the City Council meeting at which the City Council votes upon the proposed amendment Should either said Tuesday or Friday be a holiday, filing deadlines shall be extended to 5 :00 p.m of the next working day f. Auk. oak, f‹k_.`t � '..' T / �F i otl.rt Dale E,Collier Telephone 480-288-1037 1440 N Idaho Road,#1032 Cell. 480-215-2192 Apache Junction,A7.851 19 "e" hi-mktu sisn corn Aimok December 27,2011 City of Apache Junction Ref PZ-3-11-SD-1-1 l Mayor& Town Council City of Apache Junction 300 Superstition Blvd Apache Junction,AZ, 85119 Dear Mayor& Council; My wife and I own property located in the Quail Creek Condo's. We recently received notice of a proposed "change in use"for the property development next door I do not know of anyone of the property owners in this complex that objected to the first proposal by a developer, but this new one is entirely different. Their proposal to build"Low Income Housing", is totally unacceptable to my wife and myself As always, the first consideration, is the effect it will have on our property value. We already suffer from the depressed housing market. This development would have a very negative effect on the value of our property Even though our property has lost value,no tax reduction is evident As I understand this program, the State gives a tax break for the construction costs. This being true, as taxpayers, we will be paying out more money, so that we can see our property values go down I know that the council must evaluate the big picture. However, several questions come to mind that I would like for you to consider Is there a real need here in Apache Junction for more"Low Income Housing"? I do not have access to any information that might convince me that there is a need This will, in no way attract more people to our city. In fact, it might take those tenants away from their present locations and cause a loss to those landlords This of course will have the effect of taking one tax dollar out of one pocket and putting it into the other How will this property be managed`? Will this be similar to "Section 8"? Will the managers be required to maintain the property in an acceptable condition or will it be allowed to run down as most of this type of housing tends to do. Where will the profit, if any from this investment go, out of State? Will the city, merchants, construction workers, or others benefit from this move? ,.,• I feel that the move will cause an increased demand on the city resources If it attracts more residents, demands on city services will increase, with no promise of increased revenue. It is a proven fact, that concentrating this type of housing tend to develop problems that require more police activity,as well as all the other city services. Unless the development does attract more people, the merchants will not see any increase in revenue It will be business as usual I do not envision any contractor hiring local crafts to construct this project. The norm, is to bring in his established crews, complete the project, and move out. Even the material to construct this project will be brought in I have been given to understand,that the basis for official recognition is how many square feet of property you own, not how many property owners complain that there property values arc affected We arc talking about one hundred and fifty(150) units privately owned in the Quail Creek Complex As opposed to one company who wish the council to grant their request The city should be endorsing projects that upgrade the quality of life in Apache Junction. This project in the middle of Apache Junction, will have a negative effect on future progress. ..� I respectfully request that the council reject this project in favor of one that tends to enhance the properties in Apache Junction, rather than take a step backward Respectful v submitted; Dale E. Collier 1440 N. Idaho Rd., #1032 Apache Junction, AZ 85119 cc Original+ 7 to city council Quail Creek HOA 1 tV `t:pG MOHAVE COUNTY BOARD of SUPERVISORS -,21 "-xiifl.,-k i P.O'Box 7000 809 East Beale Street Kingman,Arizona 86402-7000 s"� a Website-www.co.mohave az.us TDD-(928)753-0726 /864 District 1 District 2 District 3 Amok Pete Byers Tom Sockwell Buster D Johnson (928)753-0722 (928)758-0713 (928)453-0724 County Manager Clerk of the Board Bon E.Walker Barbara Bracken FAX(928) 753.072903 December 19,2011 (928)763-0731 FAX(928)753-0732 To Whom It May Concern: I first became acquainted with Adams Construction&Management Company in 2005 when they appeared before the Mohave County Board Of Supervisors to request the necessary approvals to construct two affordable/low income housing projects(one family project and one Senior project)in Bullhead City Arizona. Naturally,and for many reasons,some of the surrounding residents wer°y emed about having such a development close to their homes in their communitycai.c.a•:n^o rns Con'struction carefully explained in great detail what they envisioned for the project and carefully addressed each of the concerns the surrounding residents had. They provided 11 examples of the same type of existing development projects that they have developed;acrosssUtahand Idaho over the last 15 years Because Adams Construction,listeris'to and addresses any concerns a community might have and fulfills their every promise,flay fia-ve 1z'een welcomed by tli'e community and have developed 4 subdivisions of twin-homes comprising 202 family rid,senior dw�l�ling units. . 1 cAxrn;a Y r;o. Adams Construction builds,owns;and maintains theirs rpperties including the physical buildings and the landscaping. They build a;'produetthatis nicer!•ar d-better maintained than the majority of �O f 70 �T:N �► surroundinghomes,regular a artu ents sand othertaffordable housing projects. I have yet to find a � p ��1.10HF`f:� f S propertybuilt and maintained as`wvoll as_tlie-prEipeit'ies Adarns Construction builds,owns,and manages. °A' ,,;su'ti.ss t-- _ •� 1 11 AMA N A. c i I would enthusiastically recommend damslCDnstiuchon&Management to any community that wants to:build an affordable housing<.p of ct that is ofiiigh quality,is appealing,and is well ` maintained. WI XiEUV f f R'v�=•4iA`fnsU Please feel free to contact me if yotassl otild;ha've any questions or concerns. 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L-3 7 � Ppt+CH�4✓Gy' a r . of Apacheunction Home qfthe Superstition Mountains 4•t2.tat' tES Print TO: City Manager's Office FROM Bryant Powell, Assistant City Manager DATE: February 6, 2012 Agenda Type : Work Session Agenda Council Priority Focus Area: Budgeted Operational Item TITLE OF AGENDA ITEM PRESENTATION AND DISCUSSION WITH ERIN COLLINS, OF ERIN P COLLINS AND ASSOCIATES, INC , ON THE FEASIBILITY OF THE METRO PHOENIX MUNICIPAL EMPLOYEE BENEFIT TRUST STUDY. ACTION REQUESTED: Presentation and Discussion DISCUSSION / BACKGROUND INFORMATION. City of Apache Junction staff has been exploring alternatives to its current benefits in order to reduce overall associated costs without reducing benefits for its employees. The Metro Phoenix Municipal Employee Benefit Trust is one of the options being reviewed Erin Collins will provide an overview of the methodology and processes involved with forming this health pool. FISCAL IMPACT Budgeted Expenditure OPTIONS/ALTERNATIVES: RECOMMENDATION• ATTACHMENTS: Click to download 1] Council Memo D Municipal Pool Slides PPA NF Home of the Superstition Mountains Alp ONP DATE: FEBRUARY 6, 2012 TO HONORABLE MAYOR AND CITY COUNCIL MEMBERS THROUGH GEORGE HOFFMAN, CITY MANAGER FROM. BRYANT POWELL,ASSISTANT CITY MANAGER\r RE METRO PHOENIX MUNICIPAL EMPLOYEE BENEFIT TRUST You can hardly pick up a newspaper on any given day and not read an article about the escalating cost of health care. The City of Apache Junction is not immune to these rising costs, as we have witnessed over the past several years This next Fiscal Year is expected to be no different,with some analysts predicting another double digit increase in premiums. Employee feedback during last year's benefit open enrollment process led me to ask staff to work with a select group of employees to form a health benefit exploratory group to review any and all options to the city This group has worked together over the last few months in conjunction with our health consultant,Jim Loeb, with the purpose of identifying viable options that may stabilize or even reduce cost to the city and to employees, without reducing the level of health care benefits employees currently receive This group has taken a several pronged approach,specifically 1) Distributed a Request for Proposal for the city's health care benefits It has been three years since the city last distributed an REP The bids are due next week and analysts are predicting a double digit increase this coming Fiscal Year Not good news for the city coffers or for our employees following a double digit increase last year. Bottom line, if this is the case, we will have to pass more of the cost on to employees. 2) Contacted the State of Arizona about the possibility of joining the state's benefit pool The State just wrapped up its open enrollment process in December 2011 and will begin to look into the city's utilization and numbers in February 2012 at the earliest If accepted, and the city would see a savings, we would not be eligible to Join that pool until January 2013 3) Researched different employee health benefit pools The few pools that are in the area appear to have worse benefits than the city, or would not even consider us due to our aging workforce and utilization However, the City of El Mirage invited numerous valley metro cities and towns, including the City of Apache Junction, to engage in a feasibility study on the formation of a new municipal employee health benefit pool Bryant and Liz along with Jim have attended the exploratory meeting where sixteen different municipalities were first introduced to this idea. Of that • Voice(480)982-8002 • 1AX (480) 982-7018 •TDD(480) 983-0095 • www aJcity net 100 E Superstition Boulevard, Apache Junction, AZ 85219 A.. Amok sixteen, five remain interested today(El Mirage, Avondale, Mancopa,Youngtown and us). Erin Collins of Erin P Collins and Associates, Inc, was retained by El Mirage to conduct the study The pool is referred to as the Metro Phoenix Municipal Employee Benefit Trust. Erin has experience with three pools up in Northern Arizona. The actuanals from the study came back and look promising for the City of Apache Junction We will likely see a small reduction in cost (approximately 5%), but maybe more importantly if the employee numbers remain (meaning all or the biggest entities remain committed to join) it could mean stabilization in our health care costs for the coming years The pool is asking for a three year commitment from each entity joining. I recommend that city council approve staff to move forward with exploring this alternative of this newly formed pool. If you have any questions or require additional information, please do not hesitate to contact me at 480 474 5092 1/17/2012 Metro Phoenix Municipalities REGIONAL.EMPLOYEE BENEFIT POOLING FEASIBILITY STUDY DRAFT REPORT REVIEW MEETING JANUARY.9,•ora Review of Report and Process Thus Far \V •March o1,2011—ECA selected as City of El Mirage Consultant •October o6,2011—Initial feasibility study meeting •November 16,2011—Draft benefit schedules reviewed,modified and approved by 6 entities •January 19,2012—Draft report issued Methodology •Actuarial o Census(age/sex mixture) o Current benefits and rates o Adjustments for network discounts,administration charges, etc. o Trending for inflation o Apply resulting figures and adjust for proposed benefit plan costs •Administrative charges o Projected based on current client contracts o Include general administration line item so costs can be moved between lines without impacting bottom line rates 1 1/17/2012 3 Options Priced n •Option t—`Pure Rating" o Assumes in force rates reflect costs o Minor adjustments for age/sex mix and network discounts •Option 2—Demographic Adjustment—No Cap o Material adjustments for age/sex factors o No cap in rate-swing •Option 3—Demographic Adjustment-+/-5%Cap o Material adjustments for age/sex factors o+/-5%cap on rate swing What Do We Know at This Point? 0 •Pool can form using any of the three Options •To form,and assuming only current study participants,must have. o El Mirage o Ap ache Junction,and o either Avondale or Ma mop •Can hit a July oi,2012 effective date or •If decision made to stop,everyone moves forward with their renewals Decision to Move Forward? •Add benefits? .Dental? .Vision? .life and All&D? •Target date for formation? •Governing document drafting and review •Solicit additional entities? •Filings with State of AZ •Transition issues from existing programs to pool o Open enrollments to 2 Metro Phoenix Municipalities , 0 REGIONAL EMPLOYEE BENEFIT POOLING FEASIBILITY STUDY JANUARY 24 , 2012 1 Review of Report and Process Thus Far March oi, 2011 - ECA selected as City of El Mirage � Consultant October o6, 2011 - Initial feasibility study meeting November 16, 2oii — Draft benefit schedules reviewed, modified and approved by 6 entities January 19, 2012 - Draft report issued Purpose of the Study Answer the question: Can small and mid-size Phoenix area cities form a partially self-funded employee benefits pool under A.R.S. § 11-952 and A.R.S. § ii-952.oi? 1 Methodology Actuarial Census (age/sex mixture) Current benefits and rates Adjustments for network discounts, administration charges, etc. Trending for inflation Apply resulting figures and adjust for proposed benefit plan costs Administrative charges Projected based on current client contracts Include general administration line item so costs can be moved between lines without impacting bottom line rates yvsrtrtwfi,r,-vpimw,,tms,,,o 7;:7:` WiStiVAVESISAV7114: Z.; 'ReAtOswi,,-;17 :=7,;11- "?4, 41x$4,-, #,Atar - o-4-1,9hAvi-b4A-*Atox--4, ,,wAmtivzol-cmiy4soi4t 3 Options Priced Option 1 — "Pure Rating" Assumes in-force rates reflect costs Minor adjustments for age/sex mix and network discounts Option 2 — Demographic Adjustment — No Cap Material adjustments for age/sex factors No cap in rate-swing Option 3 — Demographic Adjustment - +/-5% Cap Material adjustments for age/sex factors +/- 5% cap on rate swing What Do We Know at This Point? Pool can form using any of the three Options To form, and assuming only current study participants, must have: El Mirage Apache Junction; and either Avondale or Maricopa Can hit a July oi, 2012 effective date or If decision made to stop, everyone moves forward with their renewals How Does Pooling Work? Legal Governance Formation per A.R.S. § Trustee governance 11-952 and A.R.S. § 11 (Typically) 1 Trustee and 952.01 1 Alternate from each Filed with Department of entity Insurance (DOI) Meetings run like any Subject to DOI public entity Examination every 5 years Typieal-Ar-tzo-n-a-Public Entity - - Cr - v. fie Organization Chart Beneficiaries -"N Trustees ( Legal Counsel Auditor r Staff, Consultant or Administrator Third Party Administrator Reinsurance Carrier Actuary Wellness Program PPO Network(s) Life/AD&D &VTL Carrier I Prescription Benefit Manager Pre-certification/Utilization Review "Plain Vanilla" Specific Stop-Loss Reinsurance S500,000 F S100,000 Life $75,000 Aggregate Stop-Loss Reinsurance Attachment Point Aggregate What Happens if Claims Exceed Projections? 0 If cash runs short, each member entity remains liable ) for their pro-rata share of any deficits. So, if your entity is io% of the budget, it is liable for io% of the deficit. 1 Why Self-Funded? Reduced administrative expenses More dollars available to pay claims Greater spread of risk Increases employer control Benefit design Contracted vendors Claims data Keys to Success A group that can (and does) work well together Solid underwriting information received in a timely manner Agreement on benefits and method(s) of financing Legal compliance Strong financial controls Audits Actuarial basis for funding Commitment to a long term solution Decision to Move Forward? Add benefits? � Dental? Vision? Life and AD&D? Target date for formation? Governing document drafting and review Solicit additional entities? � Filings with State of AZ Transition issues from existing programs to pool Open enrollments to • uestions and Answers , O Alma 1 PP ACHE y(10 City ojllpciche Junction 2 Home of the S.uperltitmn .1 l oturtamit.c 4Rlzo Print TO: City Manager's Office FROM: Jeff Bell, Parks and Recreation Director DATE: February 6, 2012 Agenda Type : Work Session Agenda Council Priority Focus Area: TITLE OF AGENDA ITEM: PRESENTATION AND DISCUSSION ON THE INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF APACHE JUNCTION AND THE APACHE JUNCTION UNIFIED SCHOOL DISTRICT. ACTION REQUESTED: DISCUSSION / BACKGROUND INFORMATION: FISCAL IMPACT: OPTIONS/ALTERNATIVES: RECOMMENDATION: ATTACHMENTS: Click to download No Attachments Available 1,5.0.C/it `' • = City ojApache Junction U z Hoi;ie of the .Supt'i:ci tioii 1 "Jfouiildz/zs a+�uaNr Print TO: City Manager's Office FROM: Giao Pham P.E., Interim Public Works Director DATE: February 6, 2012 Agenda Type : Work Session Agenda Council Priority Focus Area: Community Development TITLE OF AGENDA ITEM: PRESENTATION AND DISCUSSION ON PROPOSED RESOLUTION NO 11-12, DECLARING THAT CERTAIN DEDICATED PUBLIC RIGHT-OF-WAY, BEING A PORTION OF SIESTA STREET BETWEEN HILTON ROAD AND GOLDFIELD ROAD ARE NO LONGER NECESSARY FOR PUBLIC USE AS A ROADWAY AND ARE HEREBY VACATED AS PRESENT AND FUTURE PUBLIC RIGHT-OF-WAY. ACTION REQUESTED: Presentation and Discussion DISCUSSION/BACKGROUND INFORMATION: Public works staff desires to alleviate the encroachment issues along the portion of Siesta Street between Hilton Road and Goldfield Road In order for the city to remedy these issues staff has initiated a vacation of that roadway easement. Three of the four parcels on Siesta Street between Hilton Road and Goldfield Road are encroaching and obstructing Siesta Street. In addition, the portion of Siesta Street from Hilton Road to Goldfield Road has never been opened as a public road. Resolution No. 11-12 vacates that portion of Siesta Street which is city owned, and Resolution No. 11-13 extinguishes the remaining portions which are easements for roadway purposes FISCAL IMPACT: Budgetary Approval Not Required OPTIONS/ALTERNATIVES: RECOMMENDATION: Presentation and discussion. ATTACHMENTS: Click to download [3 Memo to Council U Resolution No. 11-12 THERE IS ADDITIONAL INFORMATION ON THIS ITEM IN THE REGULAR MEETING SECTION UNDER ITEM C)7 py Hf City of.�pache junc;ion Home of the Sihe/:Otlon A l ouilti/1/1.i' Print TO: City Manager's Office FROM: Giao Pham P.E., Interim Public Works Director DATE: February 6, 2012 Agenda Type : Work Session Agenda Council Priority Focus Area: Community Development TITLE OF AGENDA ITEM: PRESENTATION AND DISCUSSION ON PROPOSED RESOLUTION NO 11-13, DECLARING THAT PORTIONS OF PUBLIC ROADWAY EASEMENTS LOCATED ON SIESTA STREET FROM HILTON ROAD TO GOLDFIELD ROAD ARE NO LONGER NECESSARY FOR PUBLIC USE AS PUBLIC ROADWAY EASEMENTS AND ARE HEREBY EXTINGUISHED AS PRESENT AND FUTURE PUBLIC RIGHT-OF-WAY. ACTION REQUESTED: Presentation and Discussion DISCUSSION / BACKGROUND INFORMATION: Public works desires to alleviate the encroachment issues along the portion of Siesta Street between Hilton Road and Goldfield Road. In order for the city to remedy these issues staff has initiated a vacation of that roadway easement. Three of the four parcels on Siesta Street between Hilton Road and Goldfield Road are encroaching and obstructing Siesta Street In addition, the portion of Siesta Street from Hilton Road to Goldfield Road has never been opened as a public road. Resolution No. 11-12 vacates that portion of Siesta Street which is city owned, and Resolution No. 11-13 extinguishes the remaining portions which are easements for roadway purposes FISCAL IMPACT: Budgetary Approval Not Required OPTIONS/ALTERNATIVES: RECOMMENDATION: Presentation and discussion ATTACHMENTS: Click to download U Memo to Council U Resolution No. 11-13 THERE IS ADDITIONAL INFORMATION ON THIS ITEM IN THE REGULAR MEETING SECTION UNDER ITEM ( PpACHt�G y�o City a,f/ipache junction U z Home (It the S upei:ciij1011 Mountains Print TO: City Manager's Office FROM: Giao Pham P.E., Interim Public Works Director DATE: February 6, 2012 Agenda Type : Work Session Agenda Council Priority Focus Area: Community Development TITLE OF AGENDA ITEM: PRESENTATION AND DISCUSSION ON PROPOSED RESOLUTION NO 12-02, DECLARING THAT PORTIONS OF PUBLIC ROADWAY EASEMENTS LOCATED ON FIRST AVENUE AND SECOND AVENUE FROM WAGONWHEEL ROAD TO GOLDFIELD ROAD, AND WAGONWHEEL ROAD FROM FIRST AVENUE TO SECOND AVENUE ARE NO LONGER NECESSARY FOR PUBLIC USE AS PUBLIC ROADWAY EASEMENTS AND ARE HEREBY EXTINGUISHED AS PRESENT AND FUTURE PUBLIC RIGHT-OF-WAY. ACTION REQUESTED: Presentation and Discussion DISCUSSION / BACKGROUND INFORMATION: An extinguishment of roadway easements on First Avenue and Second Avenue from Wagonwheel Road to Goldfield Road, and Wagonwheel Road from First Avenue to Second Avenue has been requested by the adjacent property owners, who desire the use of these areas for setbacks. Staff has reviewed the submittal and has no technical objections since the use of the federal patent easements are not feasible or needed. FISCAL IMPACT: Budgetary Approval Not Required OPTIONS/ ALTERNATIVES: Federal Law Requirement RECOMMENDATION: Presentation and discussion. ATTACHMENTS: Click to download L] Memo to Council D Resolution No. 12-02 THERE IS ADDITIONAL INFORMATION ON THIS ITEM IN THE REGULAR MEETING SECTION UNDER ITEM /0 7:13•ACHt 2 C,i' of Apache Junction U Home o/ the Surfs/:•/Itton I iolltitcl111s 4PizotA Print TO: City Manager's Office FROM: Jerald L. Monahan, Chief of Police DATE: February 6, 2012 Agenda Type : Work Session Agenda Council Priority Focus Area: Public Safety TITLE OF AGENDA ITEM: CONSIDERATION OF MOTOROLA, INC. COMMUNICATIONS SYSTEM FINANCIAL AGREEMENT (LEASE) IN AN AMOUNT NOT TO EXCEED $77,709.70. ACTION REQUESTED: Recommendation for Approval DISCUSSION / BACKGROUND INFORMATION: Staff respectfully requests council approval to enter into a financial lease agreement with Motorola, Inc for the purchase of hand held radios in the Apache Junction Police Department's Communications Center. This agreement will be retroactive back to the Council approval on December 6, 2011 to enter into a lease for the replacement of existing hand held radios. FISCAL IMPACT: OPTIONS/ALTERNATIVES: RECOMMENDATION: ATTACHMENTS: Click to download D Equipment Lease Purchase Agreement THERE IS ADDITIONAL INFORMATION ON THIS ITEM IN THE REGULAR MEETING SECTION UNDER ITEM PpACkf d City o f Apache junction Home of the ,S iipe/:c/it/o/a A I ozuitu izs i Print TO: City Manager's Office FROM: Brad Steinke, Development Services Director DATE: February 6, 2012 Agenda Type : Work Session Agenda Council Priority Focus Area: Community Development TITLE OF AGENDA ITEM: PRESENTATION AND DISCUSSION OF PROPOSED ZONING CODE TEXT AMENDMENT REGARDING ACCESSORY BUILDING DESIGN, HEIGHT AND SIZE REQUIREMENTS. ACTION REQUESTED: Presentation and Discussion DISCUSSION / BACKGROUND INFORMATION. The Planning and Zoning Commission has recommended city council approval of a Zoning Code text change to amend certain design, height and size requirements for accessory buildings Staff will present these recommended changes for council review and discussion. FISCAL IMPACT: Budgetary Approval Not Required OPTIONS/ALTERNATIVES: Zoning Ordinance Requirement RECOMMENDATION: Presentation and discussion only. ATTACHMENTS: Click to download D Cover memo and exhibits .p p ,s nCH• ✓ City of Apache Junction 4q+,©c+P Development Services Department To City Council From: Brad Steinke, Director of Development Services ,•. Date January 25, 2012 Subject Proposed Accessory Building Zoning Text Amendment (Case AM-4-11) City Council members may be aware that a group of neighborhood residents have recently submitted a petition (see Exhibit D) that seeks prohibition of metal and Quonset Hut accessory buildings within the R1-43 zoning district (see Exhibit A for map of R1-43 district). As a result, the Planning and Zoning Commission directed staff to draft an ordinance amendment for review and possible recommendation On January 10, 2012, the Planning and Zoning Commission held a public hearing and received public comment that both supported and opposed strengthening the regulations As a result, the Planning and Zoning Commission recommended a moderated version of the ordinance as illustrated in Exhibits B (edited version) and C(clean version). The following summarizes the recommended changes to Section 1-6-19 (C), (D) and (E) of the Zoning Code regarding accessory building design, size and height requirements for structures greater than 120 square feet in size: (1) Prohibits Quonset Hut type buildings in the R1-43 district. (2) Limits accessory structure height in the R1-43 district to the height of the property's main building height. (3) Limits accessory structure size in the R1-43 district to the size of the property's main building footprint. (4) Exempts equestrian structures (i.e., horse shades, mare motels and hay storage structures) and car ports with no walls or partial 6' maximum shade walls (5) Strengthens design and material compatibility requirement with the main building. (6) Provides a conditional use permit procedure for alternate (i e, nonconforming) accessory building design. Staff Comment The neighborhood interest group's fundamental concern is that they do not want pre- fabricated metal buildings in a zoning district that was specifically created to require higher quality stick built homes They believe that pre-fabricated metal accessory buildings are unsightly, contrary to the intent and purpose of the R1-43 district and negatively impact property values. This rural neighborhood is mindful, however, that equestrian interests are important and acknowledge that certain types of equestrian structures should be exempt from the design standards As Council members evaluate this zoning text amendment, keep in mind that these changes --ie. apply only to structures greater than 120 square feet in size and would not affect accessory buildings within the GR, TR, CB-1, CB-2 CI-1 or CI-2 zoning districts since those districts have their own specific accessory building standards. This matter will be scheduled for a public hearing and action at a subsequent Council meeting Attachments. Exhibit A Map of R1-43 District Exhibit B. Proposed Ordinance Amendment(edited version) Exhibit C. Proposed Ordinance Amendment(clean version) Exhibit D: Neighborhood Petition 2 eN Exhibit A GR and R1-43 Zones MCKELLIPS , NORTH 3 O p .cii w O pG� L, e a TEPEE ,—os I ow I - ._ Legend a S,TITION r Zoning — I —L - x GR �Y APAG I • a R t 43 ....� a 7.t R1 43/MH ■ r a iVROA NAVE ; Rt-43,PD w jeji .., V il tit SOUTHERN Q r z r 't;' z Q w r r 6 D O G 624,y g w 60 2 Z .BASELINE m BASELINE- a 0III 2 UADALUP - • 1 2,J'2009 City of Apache Junction Development Services GIS Note: A colored version of this map will be illustrated at the Council meeting. 3 Exhibit B Proposed Ordinance Amendment Section 1-6-19 (C) (D) and (E) of the Zoning Code Recommended by the P&Z on January 10, 2012* [Edited Version] (C) Accessory buildings are permitted in a rear yard or in the buildable area where the main building is permitted An accessory building in the R1-43 or R1-43/PD single-family zone, a multiple family residential zone or commercial zone shall not be larger than the existing building footprint square footage of the main structure. Accessory buildings in a single-family residential zone (minimum lot size of 20,000 square feet) shall be limited in terms of square footage by the maximum lot coverage allowed for all buildings in the zone in which they are located. An accessory building in a single-family residential zone (lot sizes less than 20,000 square feet) shall not be larger than 75% of the existing building footprint square footage of the main structure and must also comply with setback and lot coverage requirements (D) Accessory buildings larger than 120 square feet shall comply with the following height and design requirements. Horse shades, mare motels, hay storage buildings and car ports with no walls or with partial shade walls extending no more than 6 feet below the roofline (i e see Image 61 for example of permitted partial shade wall are exempt from the design requirements. •r" ZO.... _ t 17 , Image 6-1 (1) Accessory buildings design must be constructed of building materials that match or improve upon the main structure shall be compatible and consistent with the main structure's design and shall be constructed of building materials consistent with the main structure. The Zoning Administrator shall be responsible for 4 determinin• if the accessory structure's proposed design and use of buildin•, materials is compatible and consistent with the main structure. (2) Maximum height for accessory buildings located in residential and commercial zoning districts, except the GR,TR, R1 43, CB 1 CB-2, CI 1 and CI 2 zoning districts, shall be less than or e ual to the maximum height allowed b the zonin•. district for the main building. Accessory buildings ed+te have hi+ + l style that matches ., n+hem + + (3) Maximum hei•ht for accessory buildings located in the R1-43 zoning district shall be less than or a ual to the existin: hei•ht of the main buildin . Aecessefy materials, and architectural style. (4) Any air conditioning units must be placed on the ground behind accessory buildings or out of view from the public right-of-way (5) The height of accessory buildings is defined as the distance from ground level to the top of the parapet or the peak of the roof, depending on the design of the roof (6) Seventy-five percent (75%) of each exterior wall of a metal building located in single-family residential districts, except the GR, TR, and R1-43 zoning districts, a single family residential zone and l„ger than 120 fe fAet shall be covered with supplemental building materials including, but not limited to, wood, masonry, stucco, siding which matches the home, textured paint or brick that are compatible and consistent with the main dwelling structure I71 One-hundred percent(100%) of each exterior wall of an accessory building located within the R1-43 zoning district shall be covered with building materials that are compatible and consistent with the main dwelling structure. Quonset but style buildin•s are expressly prohibited. The Zoning Administrator shall be responsible for determinin• if the accessory structure's proposed design and use of buildin• materials is compatible and consistent with the main structure. 181 Additions, alterations or expansions to existing accessory buildings that were legally constructed in the R143 district prior to the effective date of this ordinance amendment [insert effective date of the ordinance amendment h II comply with the design standards provided for in Section 1-6-19 ID) (6). (E) Any accessory building proposed to be taller than the maximum height allowed for the main structure in the district and/or larger than the maximum size building and/or which adds more square footage, as allowed by divisions (C) and (D) above, is subject to the design criteria described in division (D) immediately above and must be approved through a conditional use permit, which may invoke additional design criteria 5 Proposed accessory buildings that do not comply with the design standards provided for in Section 1-6-19 (D) may be approved through a conditional use mini which may invoke additional design, landscape or site conditions. 6 Exhibit C Proposed Ordinance Amendment Section 1-6-19 (C) (D) and (E) of the Zoning Code Recommended by the P&Z on January 10, 2012* [Clean Version] (C) Accessory buildings are permitted in a rear yard or in the buildable area where the main building is permitted An accessory building in the R1-43 or R1-43/PD single-family zone, a multiple family residential zone or commercial zone shall not be larger than the existing building footprint square footage of the main structure. Accessory buildings in a single-family residential zone (minimum lot size of 20,000 square feet) shall be limited in terms of square footage by the maximum lot coverage allowed for all buildings in the zone in which they are located An accessory building in a single-family residential zone (lot sizes less than 20,000 square feet) shall not be larger than 75% of the existing building footprint square footage of the main structure and must also comply with setback and lot coverage requirements (D) Accessory buildings larger than 120 square feet shall comply with the following height and design requirements Horse shades, mare motels, hay storage buildings and car ports with no walls or with partial shade walls extending no more than 6 feet below the roofline (see Image 6-1 for example of permitted partial shade wall)are exempt from the design requirements • ,. II i. 11#.P uf.,;` u • i. PI it • Image 6-1 (1) Accessory building design shall be compatible and consistent with the main structure's design and shall be constructed of building materials consistent with the main structure. The Zoning Administrator shall be responsible for determining if the accessory structure's proposed design and use of building materials is compatible and consistent with the main structure. 7 /Mk Admi (2) Maximum height for accessory buildings located in residential and commercial zoning districts, except the GR,TR, R1-43, CB-1,CB-2, CI-1 and CI-2 zoning districts, shall be less than or equal to the maximum height allowed by the zoning district for the main building (3) Maximum height for accessory buildings located in the R1-43 zoning district shall be less than or equal to the existing height of the main building (4) Any air conditioning units must be placed on the ground behind accessory .•. buildings or out of view from the public right-of-way. (5) The height of accessory buildings is defined as the distance from ground level to the top of the parapet or the peak of the roof, depending on the design of the roof. (6) Seventy-five percent (75%) of each exterior wall of a metal building located in single-family residential districts, except the GR, TR, and R1-43 zoning districts, shall be covered with supplemental building materials including, but not limited to, wood, masonry, stucco, siding which matches the home, textured paint or brick that are compatible and consistent with the main dwelling structure (7) One-hundred percent(100%) of each exterior wall of an accessory building located within the R1-43 zoning district shall be covered with building materials that are compatible and consistent with the main dwelling structure. Quonset hut style buildings are expressly prohibited. The Zoning Administrator shall be responsible for determining if the accessory structure's proposed design and use of building materials is compatible and consistent with the main structure (8) Additions, alterations or expansions to existing accessory buildings that were legally constructed in the R1-43 district prior to the effective date of this ordinance amendment [insert effective date of the ordinance amendment] shall comply with the design standards provided for in Section 1-6-19 (D) (6) (E) Any accessory building proposed to be taller than the maximum height allowed for the main structure in the district and/or larger than the maximum size building and/or which adds more square footage, as allowed by divisions (C) and (D) above, is subject to the design criteria described in division (D) immediately above and must be approved through a conditional use permit, which may invoke additional design criteria Proposed accessory buildings that do not comply with the design standards provided for in Section 1-6-19 (D) may be approved through a conditional use permit, which may invoke additional design, landscape or site conditions *Note. These regulations do not apply to the GR, TR, CB-1, CB-2, CI-1 and CI-2 zoning districts, where alternative accessory building standards are individually provided for in each zoning district 8 elS 'IN Exhibit D Residents of zoning district R1-43 against metal and Quonset hut accessory buildings over 120 sq ft (horse structures excluded)- affecting only R1-43 the one square mile area bordered by Lost Dutchman on me north,Superstition Blvd on the south,Goldfield on the east,and Tomahawk on the west DATE , PRINT NAME 1---' ADDRESS SIGNATURE 1 10/24/11 David Bowling _ 1310 N Starr Rd 47/ 2 10/24/11 Cindy Bowling 1310 N.Starr Rd e bk.,,1,,.. ' 10/24/11:,Terry Martin 11388 N Starr Rd '� Ii 1 4 1024/11l Ludy Martin 11388 N Starr Rd fit' 4 $ 1024/1 i Cathy Harper 11425 N Starr Rd i✓i 't'" l--/ • 10/24/11 Charlene Sparks 1425 N Starr Rd _._. i ' 10/24/11 Sandy 1421 N Starr Rd id ' 1024/111Marilyn Pi b t1a r 1425 N Starr Rd bk 1./_,, . 2 1024/111AI Buckmeier 11187 N Starr Rd . $ C1 ' '0 10/24/11 Mary.,an(y�,aim_ j1187 N Start Rd ,` _ Dtlr (,(t.S-- 1t - 009404414ey-Farka____ 1121 N Starr Rd w (l '2 10/24/11 Margo DeJaynes 11229 N Acacia Rd 1 ,,„A, ...e/ tom. ' 10/24/11'Tom Swanson !1229 N Acacia Rd ,rit • •i 10/24/11lPeter Czapor 11263 N Acacia P 6 1' 10241111Trudy Czapor 11263 N Acacia `O 10/24/11 ban Prosch 2986 E Shiprock Sty_`/�V---- 11 10/24111tThea Richardson-Prosch 2986 E Shiprock St )�tict J��` g+� 'a 1024/1110ane //Ccsl S E 2745 E T i p�. \� 1° 1024/11 firer . i ES i S E. 2745 E Tepee `J'Le-U 4.,CLD 2° 10/24/11 Phil K-e(/a yl 1355 N Acacia f kt w 21 1024/111Theresa K;//n to 11355 N Acacia jitez/JG A/6 v . :2 1 s�Ta•ily' 10/241i-='ank Talbot 11355 N Hilton Rd pit I1o+.c. .. 1s2^1 c"Y 2' 10/24/1 S:eve Witze, 13022 E Manzanita St tt � �- 26 10/24/1- Sandra Witzel 13022 E Manzanita St a/.dd 11 !7 102s114'Bob'8cb Thomas 12920 E Manzanita St y '0 102411 ,Laura Thomas 12920 E Manzanita St 25 1024/11IDougias Grudzinski 11336 N Hilton Rd Q Gd. ,.r c' z 30{ 1i>/24/ i Vickl Grutlnnski 11336 N Hilton Rd y ` %t[ 31 10/24/11 1,.CS .t void //g'7 N &lei4' j 32 10/24111 f�r� n y -1--v a4c/ i lif ivci i,...r r gqf . V NJ\'l 3 10/24/1', C7 LF//�•1�JpRt.,v'A N+ :/2 'b. Tj. `.%p iZ l2 D .c vg-g-z�--0"`--� to i 10/24/11 1-. lY1 1vW OTt'cal- Frrr1 1 2 6 f(' ‘rd, JZ,n l2 Zv 2..•••.41ar /3.44c."4'+^ ;61 10/24/1 Aj rt' i tt.,t.:_, or At. r'.(iLIV "2/' 41` 1..a,., I;, lei,t;? i WG•li 4{l' t0/ 9 ON Residents of zoning district R1-43 against metal and Quonset hut accessory buildings over 120 sq ft (horse structures excluded)- affecting only R1-43 the one square mile area bordered by Lost Dutchman on the north,Superstition Blvd on the south Goldfield on the east and Tomahawk on the west DATE PRINT NAME ADDRESS (� SIGNATURE ' /AS'/( 4�ifLl. .C/11' _ /!�� hr A-6-r RS -1-1 ' ,;=' ' L ,6 Levi,) £,LJf t,? /f?')S. Al e o z=4,z_ Qe t r-\, z. / 3 . ->; ''1 S ..s r9w d, .l ' li A( `'< X i`,f 'Ali G..,-,pr..) < 4 ..--.Za..6.1.3 44,r,,J M, /J ..,(,r1 /+ ' -- $-i d t- %-/a r ,.J 6., r., ',)40 7 ?) L_ ,n ' ' S /) 5. 4.€ C.,1.4e.iLtA 42/ 1 .i�czS\C, \hf H ,--. 4/LA (I l 1�Y,L i. _' _ i R /17 .s-a ai, / �,, �� , , �. Kci_ lk -.--d _ 8 /, �-a gi' gQel <r< if P i4L JtL7r //0, -t-RN?/5,yr 9 v,,/ / e.c ,t Zi` G?--,-c, • ' t� � �13.1 /l/ .�)(�c 4, 4-1�. //, �� / f 11 7 'J > r >'/ -�,cf-'u-`'LQ`�/'Yl�C c..a... 7 3 `! N A G'_Cx l'„c it..5./ _ 2,,&.`"Z-La.t..r-.- „ //5 /2 :Lz X. ''1 L L. i13ct/v, A , ] ? 65)-7.G.F,,, I''c Iz c ",..�,..z 3t '- tom. Ct.g.S N 3=/c.4\c/t\ k -3c: „,--- --i�•- ",,_ ;-., ,., i ` }2. :5,144 e,,f•- J7 ) 11 / / f z, `- /,z £ t;, G Ll 31 u /`f- 9t. ,,'1 zG . :2 ild�l -TdG GHirtt 11�3 (y" -q '' -�� l/401i2 -Pi 4i C H c r1 I (8'F N �Y�tick l�� 0w " /i42, tlaPtc.{ k,c-v,ic i' •/ b -i1 (hr(,)-, , fc/ Rr} -7]G�' n'c.- llrc - c1, .14 a , - i 1C v e' 71 , c/cNI-'{c I t-rL /'4 cc: o-e<s->ti42 / r ON r `Lt If `` TLL L> 1 k-i"Ai/�Ptl\ -Izj�l f� }1Cr,, xc', i'�<j -�k. (; • fa- /( 12' .�iK s.-,-"X�°. -,,,;1¢�r-, �i 3' hiA 7 >-1 e. (‘ i;�_.ts-Li 2." 1t 11 n ) r--i' %i... 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Ask Residents of zoning district R1-43 against metal and Quonset hut accessory buildings over 120 sq ft (horse structures excluded)- affecting only R1-43 the one square mile area bordered by Lost Dutchman on the north,Superstition Btvd on the south Goldfield on the east,and Tomahawk on the west. DATE PRINT NAME ADDRESS SIGNATURE I_ '° !j7 / d4y�c , luat�t , 4 -~. 27 /i2 • t11`5 to ',,•'it Ca �t^, '�►{.11�J�a /, 2° i P- � E1NY��j•13redcy,vd 41 7 Al V At 29 I t Ic)` ..+-C i.,�.L.x � �411�NA °77) AVl 4 5 TA •?-L ,< (.a:-r c:..;• '° lvka /RoSa Rt 4�i�a�;o�Y It r> �1 ot-DC-(61-D RD + _1 s, (/q,'u 1✓.4.�I id( �1 ,G�tt1Aei15 //,34 Al C�-?..1,(/A elf `fame/ E tiL:r t.- -tc -cr u J u N 35 12 ,-'10400,4‘ City of Apache Junction 4- Development Services Department To. Planning and Zoning Commission From Brad Steinke, Director of Development Services Date December 19, 2011 RE. Accessory Building Design Standards (Case AM-4-11) On January 10th, the Planning and Zoning Commission will be hosting a public hearing regarding possible Zoning Code amendments to strengthen the design, height and size standards for accessory buildings. This proposed amendment grows out of concern by residents resulting from recent staff approval of a Quonset Hut style metal building within the R1-43 zoning district Background At the November 22nd Planning and Zoning Commission meeting, Commissioners discussed possible changes to the accessory building design standards and directed staff to schedule a public hearing for further public input. Staff has met with members of the neighborhood and also with the President of the Superstition Horseman's Association ("SHA") to discuss proposed changes to the accessory building requirements The neighborhood representatives are concerned that a proliferation of unregulated metal accessory buildings will negatively impact their property values and quality of life. The SHA President is concerned that overly restrictive regulations regarding accessory building design, height and size will negatively impact the construction and use of equestrian structures Since there appears to be competing interests in this issue, staff has drafted 3 alternative Zoning Code amendments for the Planning and Zoning Commission to consider The 3 alternative amendments are represented as attached Option A, Option B and Option C. The following table summarizes the proposed changes in each option. Option A Option B Option C • Prohibits all metal sided buildings Yes No No • Prohibits Quonset Hut/Metal Corrugated bldgs. Yes Yes No • Strengthens compatibility requirement with main bldg Yes Yes Yes • Limits accessory structure height to main bldg. height. Yes Yes No • Limits accessory structure size to main bldg.footprint. Yes Yes No • Removes textured paint as allowable bldg treatment: Yes Yes Yes • Applies only to R1-43 zoned districts Yes Yes No As you can see, Option A proposes the most restrictive changes to accessory building design, size and height, Option B proposes moderate changes, while Option C essentially retains the 1 existing regulation with minimal design changes. Keep in mind that the proposed changes reflected in Options A and B would only apply to the R1-43 zoning district, whereas the proposed changes reflected in Option C would continue to apply to all residential zoning districts except General Rural (GR) and Transitional Zone (TR). Staff Comment Staff understands and appreciates the concern of vocal R1-43 residents regarding the ability to construct large prefabricated Quonset Hut style buildings in a zoning district that was created to accommodate only conventional/stick built style structures We are also mindful that the original regulations regarding accessory building design were intended to require that the accessory buildings reflect the design and building materials of the main building. Since these original regulations have been weakened over time, it appears reasonable to re-address the matter. Commission Action If Commissioners are not prepared to recommend a Zoning Code text change, no further action is necessary If, however, Commissioners wish to recommend City Council approval of a Zoning Code text change for accessory buildings, we suggest that following motion. I move to recommend City Council approval of[Option A or Option B or Option C]as presented in the staff report dated December 19, 2011. Brad Steinke 2 Option A ✓ Prohibits all metal sided buildings, ✓ Limits accessory structure height to main structure's height, ✓ Limits accessory structure size to main structure's footprint; ✓ Strengthens compatibility requirement with main structure, ✓ Affirms grandfather rights for legally existing buildings; ✓ Changes would apply only to the R1-43 zoning district The following proposed changes to the Land Development Code, Volume II, City Code, Section 1-6-19 (C) (D) and (E) are highlighted with a strike-thru for deleted words and double underline for added words. (C) Accessory buildings are permitted in a rear yard or in the buildable area where the main building is permitted An accessory building in the R1-43 single-family zone, a multiple family residential zone or commercial zone shall not be larger than the existing building footprint square footage of the main structure Accessory buildings in a single-family residential zone (minimum lot size of 20,000 square feet) shall be limited in terms of square footage by the maximum lot coverage allowed for all buildings in the zone in which they are located. An accessory building in a single-family residential zone (lot sizes less than 20,000 square feet) shall not be larger than 75% of the existing building footprint square footage of the main structure and must also comply with setback and lot coverage requirements (D) Accessory buildings larger than 120 square feet shall comply with the following height and design requirements [Note: horse shades, mare motels, hay storage buildings and car ports with no walls or partial walls are exempt from the design requirements]. Maximum height allowed for the main building. Any accessory building covering an area greater than 120 square feet when complete, shall be subject to design criteria including. (1) Accessory buildings must be constructed of building materials that match or improve upon the main structure shall be aesthetically compatible and consistent with the main structure's design and shall be constructed of building materials consistent with the main structure. The Zoning Administrator shall be responsible for determining if the accessory structure's proposed design and use of building materials is compatible and consistent with the main structure. (2) Maximum height for accessory buildings located in all residential and commercial zoning districts except GR. TR. R1-43, CB-1, CB-2, CI-1 and CI-2 shall be less than or equal to the maximum height allowed by the zoning district for the main building. Accessory buildings arc encouraged to have an architectural style that matches or improves upon the main structure. 3 (3) Maximum height for accessory buildings located in the R1-43 zoning district shall be less than or equal to the existing height of the main building.Accessory buildings m ust plcmcnt the nat„ral desert landscaping with color ki-Fteing materials and alst architecturyle i (4) Any air conditioning units must be placed on the ground behind accessory buildings or out of view from the public right-of-way. (5) The height of accessory buildings is defined as the distance from ground level to the top of the parapet or the peak of the roof, depending on the design of the roof (6) Seventy-five percent (75%) of each exterior wall of a metal building located in all single-family residential districts except GR, TR, and R1-43 a single family residential zone and larger than 120 square feet shall be covered with supplemental building materials including, but not limited to masonry, stucco, siding which matches the home, textured paint or brick that is aesthetically compatible and consistent with the main dwelling structure (7) One-hundred percent (100%) of each exterior wall of an accessory building located within the R1-43 zoning district shall be covered with building materials that are aesthetically compatible and consistent with the main dwelling structure. Exposed metal sided buildings and Quonset hut style buildings are expressly prohibited. Metal roofing, however, shall be allowed. The Zoning Administrator shall be responsible for determining if the accessory structure's use of building materials is compatible and consistent with the main structure (8) Existing accessory buildings, or any additions, alterations or expansions of existing accessory buildings, that were legally constructed prior to the effective date of this ordinance amendment [insert effective date of the ordinance amendment] shall comply with the design requirements established in Section 1-6-19 (D) (6) of this ordinance. (E) Any accessory building proposed to be taller than the maximum height allowed for the main structure in the district and/or larger than the maximum size building and/or which adds more square footage, as allowed by divisions (C) and (D) above, is subject to the design criteria described in division (D) immediately above and must be approved through a conditional use permit, which may invoke additional design criteria. Proposed accessory buildings that do not comply with the design standards provided for in Section 1-6-19 (D) may be approved through a conditional use permit, which may invoke additional design, landscape or site conditions. 4 Option B ✓ Prohibits only Quonset Hut style buildings and corrugated/ribbed metal sided buildings; ✓ Limits accessory structure height to main structure's height; ✓ Limits accessory structure size to main structure's footprint, ✓ Strengthens compatibility requirement with main structure; ✓ Affirms grandfather rights for legally existing buildings ✓ Changes would apply only to the R1-43 zoning district The following proposed changes to the Land Development Code, Volume II, City Code, Section 1-6-19 (C) (D) and (E) are highlighted with a strike-thru for deleted words and double underline for added words. (C) Accessory buildings are permitted in a rear yard or in the buildable area where the main building is permitted An accessory building in the R1-43 single-family zone, a multiple family residential zone or commercial zone shall not be larger than the existing building footprint square footage of the main structure. Accessory buildings in a single-family residential zone (minimum lot size of 20,000 square feet) shall be limited in terms of square footage by the maximum lot coverage allowed for all buildings in the zone in which they are located An accessory building in a single-family residential zone (lot sizes less than 20,000 square feet) shall not be larger than 75% of the existing building footprint square footage of the main structure and must also comply with setback and lot coverage requirements. (D) Accessory buildings larger than 120 square feet shall comply with the following height and design requirements [Note. horse shades. mare motels, hay storage buildings and car ports with no walls or partial walls are exempt from the design requirements]. Maximum, hei ght for an accessory building larger than 120 square feet in area may be equal to the height allowed for the main building. Any accesfory building covering an area greater than 120 square feet when complete, shall be subject to design criteria including. (1) Accessory buildings must be constructed of building materials that match or improve upon the main structure shall be aesthetically compatible and consistent with the main structure's design and shall be constructed of building materials consistent with the main structure.The Zoning Administrator shall be responsible for determining if the accessory structure's proposed design and use of building materials is compatible and consistent with the main structure. (2) Maximum height for accessory buildings located in all residential and commercial zoning districts except GR,TR, R1-43, CB-1, CB-2, CI-1 and CI-2 shall be less than or equal to the maximum height allowed by the zoning district for the main building. Accessory buildings arc encouraged to have an architectural style that matches or improves upon the main structure. (3) Maximum height for accessory buildings located in the R1-43 zoning district shall be less than or equal to the existing height of the main building. Accessory 5 buildings must complement the natural desert landscaping with color, building materials, and architectural style. (4) Any air conditioning units must be placed on the ground behind accessory buildings or out of view from the public right-of-way. (5) The height of accessory buildings is defined as the distance from ground level to the top of the parapet or the peak of the roof, depending on the design of the roof (6) Seventy-five percent (75%) of each exterior wall of a metal building located in all single-family residential districts except GR, TR, and R1-43 a single family residential zone and larger than 120 square feet shall be covered with supplemental building materials including, but not limited to masonry, stucco, siding which matches the home, textured paint or brick that is aesthetically compatible and consistent with the main dwelling structure One-hundred percent (100%) of each exterior wall of an accessory buildin• located within the R1-43 zoning district shall be covered with building materials that are aesthetically compatible and consistent with the main dwelling structure. Quonset hut style buildings. pre-fabricated ribbed or corrugated metal siding panels are expressly prohibited. Metal roofing. however, shall be allowed The Zoning Administrator shall be responsible for determining if the accessory structure's use of building materials is compatible and consistent with the main structure. (8) Existing accessory buildings. or any additions, alterations or expansions of existing accessory buildings, that were legally constructed prior to the effective date of this ordinance amendment [insert effective date of the ordinance amendment] shall comply with the design requirements established in Section 1-6-19 (D) (6) of this ordinance. (E) Any accessory building proposed to be taller than the maximum height allowed for the main structure in the district and/or larger than the maximum size building and/or which adds more square footage, as allowed by divisions (C) and (D) above, is subject to the design criteria described in division (D) immediately above and must be approved through a conditional use permit, which may invoke additional design criteria. Proposed accessory buildings that do not comply with the design standards provided for in Section 1-6-19 (D) may be approved through a conditional use permit, which may invoke additional design. landscape or site conditions. 6 Option C ✓ Prohibits use of textured paint as an acceptable exterior building treatment, ✓ Strengthens compatibility requirement with main structure, ✓ Strengthens compatibility requirement with main structure ✓ Affirms grandfather rights for legally existing buildings ✓ Changes would continue to apply to all residential zoning districts except GR and TR. The following proposed changes to the Land Development Code, Volume II, City Code, Section 1-6-19 (C) (D) and (E) are highlighted with a strike-thru for deleted words and double underline for added words: (C) Accessory buildings are permitted in a rear yard or in the buildable area where the main building is permitted. An accessory building in a multiple family residential zone or commercial zone shall not be larger than the existing building footprint square footage of the main structure Accessory buildings in a single-family residential zone (minimum lot size of 20,000 square feet) shall be limited in terms of square footage by the maximum lot coverage allowed for all buildings in the zone in which they are located. An accessory building in a single-family residential zone (lot sizes less than 20,000 square feet) shall not be larger than 75% of the existing building footprint square footage of the main structure and must also comply with setback and lot coverage requirements (D) Maximum height for an accessory building larger than 120 square feet in area may be equal to the height allowed for the main building. Any accessory building covering an area greater than 120 square feet when complete, shall be subject to design criteria including (1) Accessory buildings must be constructed of building materials that match or improve upon the main structure shall be aesthetically compatible and consistent with the main structure's design and shall be constructed of buildin• materials consistent with the main structure. The Zoning Administrator shall be responsible for determining if the accessory structure's proposed design and use of building materials is compatible and consistent with the main structure. (2) Accessory buildings are encouraged to have an architectural style that matches or improves upon the main structure. (3) Accessory buildings must complement the natural desert landscaping with color, building materials, and architectural style. (4) Any air conditioning units must be placed on the ground behind accessory buildings or out of view from the public right-of-way. (5) The height of accessory buildings is defined as the distance from ground level to the top of the parapet or the peak of the roof, depending on the design of the roof 7 (6) Seventy-five percent (75%) of each exterior wall of a metal building located in a single-family residential zone and larger than 120 square feet shall be covered with supplemental building materials that are aesthetically compatible and consistent with the main dwelling structure. including, but not limited to These materials may include masonry, stucco, siding which matches the home, textured ^ nt or brick I Existing accessory buildings, or any additions, alterations or expansions of existing accessory buildings, that were legally constructed prior to the effective date of this ordinance amendment [insert effective date of the ordinance amendment] shall comply with the design requirements established in Section 1-6-19 (D) (6) of this ordinance. (E) Any accessory building proposed to be taller than the maximum height allowed for the main structure in the district and/or larger than the maximum size building and/or which adds more square footage, as allowed by divisions (C) and (D) above, is subject to the design criteria described in division (D) immediately above and must be approved through a conditional use permit,which may invoke additional design criteria. Proposed accessory buildings that do not comply with the design standards provided for in Section 1-6-19 (D) may be approved through a conditional use permit, which may invoke additional design. landscape or site conditions. 8 w ,� /y z/ �'° r v` • Y 1 , / 1 r. .R ', . r;? ry .4;, . ," y'1RS9° .i.. i. - ' _. w> Ar Sly kA H /'� ., a5"iM�'R'� xt A. r r 'fir ,Ns -. ♦ ... i_Y Try ° <. arrk y, 'Yjii. ' .r.n__.. _mow _ .3;�.' �..,,,,,: I a.l � s_.,.._. iii 0,, ,., ,,,, , ,. �r +n. r ". ram ... . , ..., . ,--- „„0„,-. -.......' .......„ '''' . ....... ........ , ,.. ...„,... _...„ ..........._ .......... NIs:-...-. Iftft....... . - . st. ^It 74,_ .--r :V v• e.• , ,,.. 4, -.„ i ' 4, . v., • r , • .1. *‘. . . # , ...411• . . t '1'. `.,:i •1 --1:1ne'•.'' ' #.,- -. t• • 4 .41. , , - 2. * f? 1.....rille •A`•T,..... "...."4"1"""k" 4 ' r --*''• •1•C 1.*, 121111111 \ ..- .* *: ^...••• , # R • i I .. . el, 4 •',, •—. ' r• 4 • . • '''41*14.1-014, 10 p .a. GR and R1-43 Zones , mow ,_,,11...r.rMCKELLIPS 17r0- NORTH 3 z 0 0 Q o a w 0O RV- LOST DUTCHMA P m �"r .IJ, P I, TEPEE .w-S" trlio ,y' ' Legend T • .T ION -- �- 1 > Zoning — � 7■i1 - GR �� /i ■ ■ "'" _• R1-43 R /MH x • R1 41-433/PD k is: . __ . ... , .344}; �:.i a II . . •• . . • flit 17k. w yyLy 0 -4 y�y 2 �. - 0 60 BASE-L-INE- y� o iii .., 111W , • ,.. .. . ,_ . . , . _ _ . .... .. .. ,, ....... _ _. ________ ,.._. __ _____ . _ , •_. ,_ _ _ . , . ___ 1/29R009 City of Apache Junction Development Services-GIS 11 Comparison Table P&Z Recommended Option A Option B Option C Option D • Prohibits all metal sided buildings in R1-43 district Yes No No No • Prohibits Quonset Hut buildings in R1-43 district. Yes Yes No Yes • Strengthens compatibility requirement with main building Yes Yes Yes Yes • Limits acc structure height to main bldg height in R1-43 district: Yes Yes No Yes • Limits acc structure size to main bldg footprint in R1-43 district Yes Yes No Yes • Removes textured paint as allowable bldg treatment Yes Yes Yes No • Exempts equestrian structures with no/partial walls: Yes Yes Yes Yes As you can see, Option A proposes the most restrictive changes to accessory building design, size and height; Option B proposes moderate changes; Option C proposes minimal changes, while Option D is a slightly diminished variation of Option B. Keep in mind that these proposed changes would not apply to the General Rural Zone (GR) and Transitional Zone (TR).