HomeMy WebLinkAbout2012 08.06 City Council Work Session Agenda PPRCHF j
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City of ache Junction
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APACHE JUNCTION CITY COUNCIL WORK SESSION
CITY COUNCIL CHAMBERS
300 EAST SUPERSTITION BOULEVARD
APACHE JUNCTION,ARIZONA 85219
Monday, August 6, 2012
7:00 PM
AGENDA
1. CALL TO ORDER.
2. ROLL CALL.
3. PRESENTATION AND DISCUSSION ON A COMMERCIAL REHABILITATION PROGRAM.
While conducting the public participation process for the Fiscal Year 2012 Community Development Block Grant application,the city council
and management directed staff to draft commercial rehabilitation guidelines and present them to the city council for further discussion,
consideration for grant funding and possible implementation at a later date It was determined that in order to proceed with finalizing guidelines
a few fundamental questions should be asked in order to develop a comprehensive program and manage expectations for the council,
business community and the community at large
4. PRESENTATION AND DISCUSSION ON RESOLUTION NOS. 12-28 AND 12-29, CREATING THE APACHE TRAIL
REDEVELOPMENT AREA, AND RESCINDING THE MERIDIAN REDEVELOPMENT AREA.
Presentation and discussion on creating the Apache Trail Redevelopment Area(ATRA)as an outcome of one of the recommendations in the
Downtown Redevelopment and Implementation Strategy Should the ATRA be approved,the existing Meridian Redevelopment Area(MRA)
will be rescinded, as all of the properties in the MRA are subsumed in the ATRA The Planning &Zoning Commission voted 5-0 in favor of the
recommendation (with Commissioner Richmond being absent and one vacant seat on the Commission) There will be a Public Hearing on this
item at council's September 4, 2012 meeting.
PRESENTATION AND DISCUSSION ON PROPOSED RESOLUTION NO. 12-11, DECLARING THAT PORTIONS OF PUBLIC
ROADWAY EASEMENTS LOCATED ON THIRD AVENUE BETWEEN CONESTOGA ROAD AND CORTEZ ROAD AND
CONESTOGA ROAD BETWEEN SECOND AVENUE AND FOURTH AVENUE ARE NO LONGER NECESSARY FOR PUBLIC
USE.
An extinguishment of roadway easements on Third Avenue between Conestoga Road and Cortez Road and Conestoga Road between Second
Avenue and Fourth 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 Resolution
No 12-11 extinguishes the above-noted easements for public roadway and right-of-way purposes.
6 PRESENTATION AND DISCUSSION ON PROPOSED RESOLUTION NO. 12-13, DECLARING THAT A PORTION OF
DEDICATED ROADWAY ON KACHINA AVENUE LOCATED EAST OF CACTUS STREET IS NO LONGER NECESSARY FOR
PUBLIC USE.
The Public Works staff has initiated the vacation of dedicated roadway on Kachina Avenue East of Cactus Street to alleviate issues of loitering
that is affecting the abutting property owners In addition,the right of way does not provide access to any parcels which would be landlocked in
the event of the vacation.
7 PRESENTATION AND DISCUSSION ON PROPOSED RESOLUTION NO. 12-14 AND RESOLUTION NO. 12-15, DECLARING
THAT A PORTION OF PUBLIC ROADWAY EASEMENTS LOCATED ON BOWMAN ROAD BETWEEN ELEVENTH AVENUE
AND TWELFTH AVENUE ARE NO LONGER NECESSARY FOR PUBLIC USE.
The Public Works staff has initiated the extinguishment and vacation of dedicated roadway on Bowman Road between Eleventh Avenue and
Twelfth Avenue to alleviate the multiple permanent structure encroachment issues along the Bowman Road alignment. In addition,the
extinguishment portion as well as the vacation of dedicated roadway, if approved,would not leave any parcels landlocked
8 PRESENTATION AND DISCUSSION 'ROPOSED CASES PZ-2-12 AND SD-1-12, QUESTS BY VILLAGIO ESTATES
LLC, REPRESENTED BY HUDD HASScLL, FOR A PLANNED DEVELOPMENT MAJOR AMENDMENT, NEW PRELIMINARY
PLAT AND FINAL PLAT FOR THE RE-DESIGN OF VILLAGIO SUBDIVISION.
The CR-5/PD(Multi-Family Residences by Planned Development)-zoned property, located on the south side of W. 16th Avenue at the S.
Desert View Place alignment,was previously zoned and pre-platted for a 42-unit townhomes subdivision,but the property went into default
and the platting process was never completed The new owners wish to amend the development plan and re-plat the property for 37 detached
single-family homes, allowed as a conditional use under the existing zoning
9. 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 OOa—6 OOp,excluding holidays
If any person with a disability needs any type of accommodation,please notify the Human Resources Office,at
(480)474-2617 or(480) 983-0095(TDD)at least 72 hours prior to the scheduled time
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Gtipity of Apache Junction
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Print
TO: City Manager's Office
FROM: Heather Patel, Program Coordinator
DATE: August 6,2012
..genda Type : Work Session Agenda
Council Priority Focus Area: Community Development
TITLE OF AGENDA ITEM:
PRESENTATION AND DISCUSSION ON A COMMERCIAL REHABILITATION PROGRAM
ACTION REQUESTED:
Presentation and Discussion
DISCUSSION/ BACKGROUND INFORMATION:
While conducting the public participation process for the Fiscal Year 2012 Community Development Block Grant
application, the city council and management directed staff to draft commercial rehabilitation guidelines and present them to
the city council for further discussion, consideration for grant funding and possible implementation at a later date. It was
determined that in order to proceed with finalizing guidelines a few fundamental questions should be asked in order to
develop a comprehensive program and manage expectations for the council, business community and the community at
large
FISCAL IMPACT:
Budgetary Approval Not Required
OPTIONS/ALTERNATIVES:
)licy Discussion (list specific options/alternatives)
RECOMMENDATION:
Staff respectfully recommends that the City Council receive a presentation and hold a discussion on the merits of a
Commercial Rehabilitation Program for the City of Apache Junction
ATTACHMENTS:
Click to download
❑ Staff Report
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City of Apache Junction
'9RIZO�P Development Services Department
MEMORANDUM
DATE. July 26, 2012
TO. The Honorable Mayor and City Council
THROUGH: George Hoffman, City Manager
Brad Steinke, Development Services Director
Roger Hacker, Revenue Resources Manager
FROM• Heather Patel, Program Coordinator
SUBJECT: Presentation and Discussion on a Commercial Rehabilitation Program
REOUEST
Staff respectfully requests that the City Council receive a presentation and hold a discussion on the
merits of a Commercial Rehabilitation Program for the City of Apache Junction.
BACKGROUND
While conducting the public participation process for the Fiscal Year 2012 Community Development
Block Grant("CDBG") application, Commercial Rehabilitation was among the eligible projects
discussed
On October 29, 2010 during a Leadership Team meeting,the potential to create and implement a
Commercial Rehabilitation Program was first discussed Based upon the grant program requirements
and the recommendations of the Downtown Redevelopment and Implementation Strategy("DRIS"),
the Leadership Team made the decision to forward a recommendation of a Commercial Rehabilitation
Program, among other eligible projects on to the City Council for consideration during a public
hearing
On December 6, 2011 a public hearing was held to receive input from the public and discuss potential
project ideas.The City Council requested the public hearing be continued on January 3, 2012 to
further discuss the proposed projects. However, a Commercial Rehabilitation Program generated
interest among the Council.
Councilmember Barker stated that staff should work on potential commercial rehabilitation guidelines
for a grant submittal in 2013 Thus allowing ample time for the Council to review and approve
guidelines as well as secure business interest.
On January 3, 2012, Council discussed potential projects for CDBG funding and both the City Council
and Management directed staff to draft commercial rehabilitation guidelines and present them to the
City Council for further discussion, consideration for grant funding and possible implementation at a
later date.
DISCUSSION
Staff diligently worked on collecting sample guidelines from other successful Commercial
Rehabilitation programs throughout Arizona and proceeded to outline guidelines It was determined
that in order to proceed with finalizing guidelines a few fundamental questions should be asked in
order to develop a comprehensive program and manage expectations for the Council, business
community and the community at large.
The following core questions will be presented, discussed and analyzed during the August 6, 2012
Work Session and then draft guidelines will be presented to the City Council for consideration at a
future Work Session and Council Meeting
1) Why does the City of Apache Junction want to create and implement a Commercial
Rehabilitation Program?
2) What does the City want to accomplish?
3) How will these goals be accomplished?
Why does the City want a Commercial Rehabilitation Program?
• DRIS 4.2(d) Secure federal, state, or county monies for an ongoing façade matching grant
program,
• Council's informal direction to staff during CDBG public hearings (December 6, 2011 and
January 3, 2012),
• Eliminate safety and code violations;
.-. • Redevelop the downtown,
• Reduce blight,
• Encourage revitalization,
• Adhere to and uphold design guidelines, and
• Economic growth and prosperity
What do we want to accomplish?
• ALL IN APPROACH - Do we want to assist non-conforming properties in becoming
compliant, when possible?Non-conforming could mean zoning, set backs, parking, building
safety etc.,
• RESTRICTED APPROACH- Do we only want to help compliant structures thereby not
extending the life of non-compliant structures; or
• LIPSTICK APPROACH - Can we help non-compliant structures with non-structural or life
extending assistance e g s►gnage7
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How will we accomplish these goals?
• Looking back at our intent- What are we trying to accomplish and who are we trying to assist?
Are these mutually exclusive?
— Do we ultimately want a better looking downtown and buildings; or
— Sustainable businesses that provide economic growth to the community.
• Who is the beneficiary of the program?
— Property owner
...
— Business owner(renter)
— Owner-operator
By asking the fundamental questions above, the City will then be able to determine what type of
financial assistance that will be offered
• Do we want to offer a grant or loan?
— A loan would require a lien on the property, will a property owner accept all of the
liability if the project only benefits the business owner
• If loan, will it be forgiven or repayable9
— All funds repaid will be directed back to the state
— Forgivable mimics a grant
RECOMMENDATION
Staff respectfully recommends that the City Council receive a presentation and hold a discussion on
the merits of a Commercial Rehabilitation Program for the City of Apache Junction.
ACTION REQUIRED
Direction to staff on how to proceed with the creation of rehabilitation guidelines based upon the
responses and outcomes of the discussion
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Print
TO: City Manager's Office
FROM: Janine Solley, Business Advocate
DATE: August 6, 2012
Agenda Type : Work Session Agenda
Council Priority Focus Area: Community Development
TITLE OF AGENDA ITEM:
PRESENTATION AND DISCUSSION ON RESOLUTION NOS. 12-28 AND 12-29, CREATING THE APACHE TRAIL
REDEVELOPMENT AREA, AND RESCINDING THE MERIDIAN REDEVELOPMENT AREA.
ACTION REQUESTED:
Presentation and Discussion
DISCUSSION/ BACKGROUND INFORMATION:
Presentation and discussion on creating the Apache Trail Redevelopment Area (ATRA) as an outcome of one of the
recommendations in the Downtown Redevelopment and Implementation Strategy Should the ATRA be approved, the
existing Meridian Redevelopment Area (MRA) will be rescinded, as all of the properties in the MRA are subsumed in the
ATRA The Planning & Zoning Commission voted 5-0 in favor of the recommendation (with Commissioner Richmond being
absent and one vacant seat on the Commission). There will be a Public Hearing on this item at council's September 4, 2012
meeting
FISCAL IMPACT:
Budgetary Approval Not Required
PTIONS/ALTERNATIVES:
RECOMMENDATION:
ATTACHMENTS:
Click to download
D Staff Memo
U Existing Redevelopment Area Maps
U Proposed Redevelopment Area Maps
U Resolution No. 12-28
D Resolution No. 12-29
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DATE July 25, 2012
MEMORANDUM TO The Honorable Mayor and City Councilmembers
MEMORANDUM THROUGH: George Hoffman, City Manager
Bryant Powell, Assistant City Manager
MEMORANDUM FROM: Janine Solley, Business Advocate
Heather Patel, Program Coordinator
SUBJECT. Apache Trail Redevelopment Area
The idea of the Apache Trail Redevelopment Area stemmed from a recommendation in the
City adopted Downtown Redevelopment and Implementation Strategy (DRIS). The DRIS
seeks to create a vibrant downtown that reflects the heritage of the community and has a
host of goals, strategies and tasks to help the community reach that vision. The consultant
realized there was a "gap" in the existing two redevelopment areas along the City's main
commercial corridor They recommended modifying the boundaries of the Meridian
Redevelopment Area in order to close that gap.
As staff considered possible modifications to close the gap, they noted there were some
adjacent downtown neighborhoods that could benefit from redevelopment as well An
assessment was completed to determine what areas had the greatest needs based on
building condition (commercial and residential) and infrastructure deficiencies The
neighborhoods included in the proposed boundaries were identified to have a higher
concentrated need for residential and infrastructure improvements which will benefit from
the redevelopment declaration and could be afforded financing opportunities.
Staff has taken the item to the Planning & Zoning Commission at their July 10, 2012 Work
Session A Public Hearing on the Item was also held at the Planning & Zoning regular
meeting of July 24, 2012
After review and analysis, staff recommended.
• A new redevelopment area be created —Apache Trail Redevelopment Area (ATRA)
and that the work plan for the ATRA, as required by the Arizona Revised Statues for
a redevelopment area, be the Downtown Redevelopment and Implementation
Strategy (Proposed Resolution No 12-28)
• The MRA be rescinded as the ATRA subsumes all of the properties within the MRA
(Proposed Resolution No 12-29).
The Planning & Zoning Commission voted 5— 0 in favor of staff's recommendation (with
Commissioner Richmond being absent, and one vacant seat on the Commission).
This item is scheduled for a Public Hearing at City Council's September 4, 2012 regular
meeting
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RESOLUTION NO. 12-28
A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY
OF APACHE JUNCTION, ARIZONA, SETTING FORTH FINDINGS IN
SUPPORT OF THE EXISTENCE OF ADDITIONAL AREAS WITHIN
THE CORPORATE LIMITS OF THE CITY OF APACHE JUNCTION
THAT QUALIFY FOR REDEVELOPMENT PURSUANT TO ARIZONA
REVISED STATUTES, ANNOTATED § 36-1471, ET SEQ.
WHEREAS, Arizona Revised Statutes Annotated ("A.R.S .") §
36-1471, et seq. , provides for redevelopment of certain areas
within municipalities to facilitate and assist in redevelopment
of commercial areas; and
WHEREAS, certain findings are required to be made by the
local governing body of a municipality prior to the exercise of
the power granted by A.R.S . § 36-1473; and
WHEREAS, the majority of the residential and nonresidential
structures within the boundaries of the area described in
Exhibit A and depicted on the map in Exhibit B, is incorporated
as part of this resolution, and meets the criteria for slum or
blighted area as defined in A R S § 36-1471 (2) and (18) ; and
WHEREAS, diversity of ownership within the described area
forestalls the assemblage of lots into parcels suitable for
redevelopment, and
WHEREAS, the platting of said lots within the described
mapped area is minimal, and
ens
WHEREAS, the combination of the above-mentioned factors
causes the following effect
1. Substantially impairs the economic growth of a central
business area of the City of Apache Junction by
negatively impacting the orderly expansion of the area
and limits job opportunities in the area; and
2 . Discourages development of housing facilities by
preventing the redevelopment of a beneficial and usable
combination of new units; and
RESOLUTION NO. 12-28
PAGE 1 OF 3
^
3 Constitutes an economic and social liability which
stifles redevelopment.
WHEREAS, on July 7, 1998 the City of Apache Junction
Arizona established the Crossroads Redevelopment Area ("CRA") by
adopting Resolution No 98-20, and on May 6, 2008 reaffirmed the
1998 declaration, and
WHEREAS, on the same date, the City of Apache Junction
adopted the CRA plan pursuant to Resolution No. 08-07; and
WHEREAS, on May 16, 2000 the City of Apache Junction
Arizona established the Meridian Redevelopment Area ("MRA") by
adopting Resolution No 00-09; and
WHEREAS, on September 4, 2012 the City of Apache Junction
Arizona rescinded Resolution No 00-09, the Meridian
Redevelopment Area, and
WHEREAS, the City Council held a work session on the
proposed Apache Trail Redevelopment Area ("ATRA") on August 6,
2012 .
WHEREAS, the owners of all real property within the
proposed boundaries of the ATRA have been notified by lst Class
U S mail of the findings and redesignation.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL
OF THE CITY OF APACHE JUNCTION ARIZONA, AS FOLLOWS.
1) The Mayor and City Council find that slum and blighted
redevelopment areas, as defined by Arizona Revised Statutes
§ 36-1471 (2) and (18) , hereby exist within the corporate
limits of the City of Apache Junction, such conditions that
are injurious to the public health, safety, morals or
welfare of the residents of the City of Apache Junction.
Such area is described in Exhibit A and graphically
depicted in Exhibit B, both of which are attached hereto
and incorporated by reference. Said area shall be referred
to as the "Apache Trail Redevelopment Area".
2) The redevelopment of the Apache Trail Redevelopment Area is
necessary in the interest of the public health, safety,
RESOLUTION NO 12-28
PAGE 2 OF 3
morals or welfare of the residents of the City of Apache
Junction.
3) The Downtown Redevelopment and Implementation Strategy
adopted by the City Council with Resolution No 10-34 on
September 21, 2010, on file with the City Clerk' s Office,
will serve as the redevelopment plan for the Apache Trail ems
Redevelopment Area.
4) The Apache Trail Redevelopment Area is hereby declared to
be in need of redevelopment pursuant to A.R.S . , § 36-1471,
et seq.
PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
APACHE JUNCTION, ARIZONA, THIS DAY OF , 20
SIGNED AND ATTESTED TO THIS DAY OF , 20
JOHN S . INSALACO
Mayor
ATTEST•
KATHLEEN CONNELLY
City Clerk
APPROVED AS TO FORM.
RICHARD J STERN
City Attorney
RESOLUTION NO. 12-28
PAGE 3 OF 3
eN
RESOLUTION NO 12-29
A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY
OF APACHE JUNCTION, ARIZONA, RESCINDING RESOLUTION
NO 00-09, THE MERIDIAN REDEVELOPMENT AREA, PASSED BY
THE CITY COUNCIL ON MAY 16, 2000, AND RESCINDING
RESOLUTION NO. 00-22, THE REDEVELOPMENT IMPROVEMENT
PLAN FOR THE MERIDIAN REDEVELOPMENT AREA, PASSED BY
THE CITY COUNCIL ON SEPTEMBER 5, 2000 .
WHEREAS, Title 36, Chapter 12, Article 3 of the Arizona
Revised Statutes Annotated ("A R S ") provide for the
redevelopment of certain areas within municipalities, and
WHEREAS, A.R.S. Title 36, Chapter 12, Article 3 was amended
by Legislative Action in 1997, and
WHEREAS, the 1997 amendments to A R S Title 36, Chapter
12, Article 3 provide for greater flexibility for municipalities
in the administration of redevelopment areas, and
WHEREAS, the 1997 amendments to A.R. S Title 36, Chapter
12, Article 3 benefit the City of Apache Junction in the
administration of redevelopment areas, and
WHEREAS, the City of Apache Junction City Council adopted
Resolution No 00-09 on May 16, 2000 which created the Meridian
Redevelopment Area ("MRA") ; and
WHEREAS, the City of Apache Junction City Council adopted
eN Resolution No. 00-22 on September 5, 2000 which adopted the
Redevelopment Improvement Plan for the "MRA"; and
WHEREAS, the City Council held a work session on the
proposed rescinding of Resolution No 00-09 and Resolution No
00-22 on August 6, 2012, and
WHEREAS, rescinding the Meridian Redevelopment Area and the
Meridian Redevelopment Area Work Plan will allow a new
Redevelopment Area to be established which better reflects the
boundaries in which current conditions of slum and blight exist.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL
OF THE CITY OF APACHE JUNCTION ARIZONA, AS FOLLOWS
RESOLUTION NO 12-29
PAGE 1 OF 2
es 00N
1) The Mayor and City Council rescind Resolution No. 00-09 and
Resolution No. 00-22, and that they be replaced with
Resolution No 12-28, the Apache Trail Redevelopment Area
with the Downtown Redevelopment and Implementation Strategy
as the redevelopment plan, as originally adopted under
Resolution No 10-34 on September 16, 2010, a full copy
which is attached hereto.
PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
APACHE JUNCTION, ARIZONA, THIS DAY OF , 20
SIGNED AND ATTESTED TO THIS DAY OF , 20
JOHN S INSALACO
Mayor
ATTEST:
KATHLEEN CONNELLY
City Clerk
APPROVED AS TO FORM.
ON
RICHARD J. STERN
City Attorney
RESOLUTION NO. 12-29
PAGE 2 OF 2
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Print
TO: City Manager's Office
FROM: Emile Schmid, Senior Project Engineer, on behalf of Giao Pham, Interim Public Works
Director
ATE: August 6, 2012
Agenda Type : Work Session Agenda
Council Priority Focus Area: Community Development
TITLE OF AGENDA ITEM:
PRESENTATION AND DISCUSSION ON PROPOSED RESOLUTION NO 12-11, DECLARING THAT PORTIONS OF
PUBLIC ROADWAY EASEMENTS LOCATED ON THIRD AVENUE BETWEEN CONESTOGA ROAD AND CORTEZ ROAD
AND CONESTOGA ROAD BETWEEN SECOND AVENUE AND FOURTH AVENUE ARE NO LONGER NECESSARY FOR
PUBLIC USE.
ACTION REQUESTED:
Presentation and Discussion
DISCUSSION/ BACKGROUND INFORMATION:
An extinguishment of roadway easements on Third Avenue between Conestoga Road and Cortez Road and Conestoga Road
between Second Avenue and Fourth 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. Resolution No 12-11 extinguishes the above-noted easements for public roadway
and right-of-way purposes.
FISCAL IMPACT:
.Budgetary Approval Not Required
OPTIONS/ALTERNATIVES:
RECOMMENDATION:
Presentation and discussion.
ATTACHMENTS:
Click to download
Q Memo to Council
11 Resolution No. 12-11
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.F 111kPublic Works Department
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Date. July 26, 2012
To. Honorable Mayor and Members of the City Council
Through. George Hoffman, City Manager
From. Giao Pham P E., Interim Public Works Director
Subject. Extinguishment of Federal Patent Easements
Third Avenue between Conestoga Road and Cortez Road
Conestoga Road between Second Avenue and Fourth Avenue
Proposed Resolution No. 12-11
Federal Patent Easements (FPE's) are one means whereby property is accessed by our
citizens in portions of Apache Junction FPE's were established as a means to provide public
roadway access to Federal Patent parcels, and to mitigate the need of local government to
acquire right-of-way to provide access to otherwise landlocked parcels. FPE's are typically a
total of 66 feet in width with 33 feet on each side of common parcel lines
Third Avenue between Conestoga Road and Cortez Road and Conestoga Road between
Second Avenue and Fourth Avenue has never been opened for public use or maintained by the
City The road is classified as local roadway. In addition, the FPE's do not provide access to
any parcels which would be landlocked in the event of extinguishment. Area transportation
would not be adversely affected by an extinguishment of these portions of roadway easements
Mr and Ms. Randall Stump filed an application for the extinguishment on Third Avenue and
Conestoga Road The application included a support petition signed by Billie Coy, Virginia
Kelly, and Donald Dickerman, the adjacent property owners, who also desires the
extinguishment The property owners desire the use of the 33 feet for reduction of setbacks
and feel that additional roads are unnecessary at that location
575 E Baseline Avenue, Apache Junction, AZ 85119
• Voice (480)982-1055 • Fax (480)982-8005
RESOLUTION NO.12-11
A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF
APACHE JUNCTION, ARIZONA, DECLARING THAT PORTIONS OF PUBLIC
ROADWAY EASEMENTS LOCATED ON THIRD AVENUE FROM CONESTOGA
ROAD TO CORTEZ ROAD AND CONESTOGA ROAD FROM SECOND AVENUE
TO FOURTH AVENUE, AND DESCRIBED IN EXTINGUISHMENT CASE EX-
12-11, ARE NO LONGER NECESSARY FOR PUBLIC USE AS PUBLIC
ROADWAY EASEMENTS AND ARE HEREBY EXTINGUISHED AS PRESENT
AND FUTURE PUBLIC RIGHT-OF-WAY.
WHEREAS, the City of Apache Junction, upon incorporation,
became the holder of roadway easements as described in Docket
169 Page 566, originally conveyed February 1957, Federal Patent
Number 1169016, originally conveyed June 1938, Federal Patent
Number 1178151, originally conveyed December 1957, and Federal
Patent Number 82321, originally conveyed May 1958, for public
roadway purposes over certain parcels of real property and more
particularly described in Exhibit A and depicted in Exhibit B;
and
WHEREAS, such easements may be extinguished by local
municipal government pursuant to A.R S. § 9-500 24 and § 28-
7214; and
WHEREAS, the City of Apache Junction Street Circulation and
Access Study recommends extinguishment of said public roadway
easements; and
WHEREAS, on February 21, 2012 the Applicant paid the
required non-refundable application and filing fee for the
extinguishment request pursuant to Apache Junction City Code
§ 13-2-4 (H) ; and
WHEREAS, pursuant to Apache Junction City Code § 13-2-4,
the Director of Public Works on April 5, 2012, submitted copies
of the application for comment to the Development Services
Director, the Public Safety Director, the Apache Junction Fire
District, as well as affected public utility providers; and
WHEREAS, no opposition statements were received from Salt
River Project, Arizona Water Company, Mediacom, Superstition
Mountains Community Facilities District No. 1, Centurylink,
Southwest Gas, the Development Services Director, the Public
Safety Director, and the Apache Junction Fire District; and
Resolution No. 12-11
Page 1 of 2
WHEREAS, the extinguishment request, if approved, would not
leave a parcel in separate ownership without access to an
established public roadway or easement connecting such lands
with another public roadway or easement; and
WHEREAS, the City Engineer has determined that the
easements in question, because of their location, topography,
and encroachments, have no or de minimis public value.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA AS FOLLOWS•
1. The Mayor and City Council of the City of Apache Junction
find that the roadway easements described in Exhibit A, and
depicted in Exhibit B, are classified as local streets on
the Street Classification Plan and are no longer necessary
for roadway purposes, have no or de minimis public value,
and are hereby extinguished for public roadway right-of-way
purposes.
2 . Nothing in this approval extinguishes any utility easement
interest of any public utility agency or entity on the
subject street right-of-way
PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
APACHE JUNCTION, ARIZONA, THIS DAY OF , 2012 .
SIGNED AND ATTESTED TO THIS DAY OF , 2012
JOHN S INSALACO
Mayor
ATTEST:
KATHLEEN CONNELLY
City Clerk
APPROVED AS TO FORM:
RICHARD J. STERN
City Attorney
Resolution No 12-11
Page 2 of 2
EXHIBIT A
PARCEL 1 (Adjacent to parcel 103-04-017B & parcel 103-04-030)
The East thirty-three feet (33' ) of the West half of the
Southeast quarter of the Northeast quarter of the Southwest
quarter of Section 22, Township 1 North, Range 8 East of the
emIN Gila and Salt River Base and Meridian, Pinal County, Arizona;
EXCEPT the North thirty-three feet (33' ) and the South thirty-
three fee (33' ) THEREOF,
PARCEL 2 (Adjacent to parcel 103-04-016A, parcel 103-04-031A &
parcel 103-04-031B)
The West thirty-three feet (33' ) of the East half of the
Southeast quarter of the Northeast quarter of the Southwest
quarter of Section 22, Township 1 North, Range 8 East Of the
Gila and Salt River Base and Meridian, Pinal County, Arizona,
EXCEPT the North thirty-three feet (33' ) and the South thirty-
three fee (33' ) THEREOF,
PARCEL 3 (Adjacent to parcel 103-04-016A, parcel 103-04-016B)
The South thirty-three feet (33' ) of the North half of the East
half of the Southeast quarter of the Northeast quarter of the
Southwest quarter of Section 22, Township 1 North, Range 8 East
of the Gila and Salt River Base and Meridian, Pinal County,
Arizona;
EXCEPT the East thirty-three feet (33' ) THEREOF,
OmS PARCEL 4 (Adjacent to parcel 103-04-031A)
The North thirty-three feet (33' ) of the South half of the East
half of the Southeast quarter of the Northeast quarter of the
Southwest quarter of Section 22, Township 1 North, Range 8 East
of the Gila and Salt River Base and Meridian, Pinal County,
Arizona,
EXCEPT the East thirty-three feet (33' ) THEREOF;
Resolution No 12-11
,.....
EXHIBIT "B"
I I
I I
I I I I 1
1 I I I 1
- I I - — — — — — J I _ - - - - I
SECOND — — AVENUE — i —
- 7 r_ _ _ _ _ _ _ _ /7, .. _ _ _ _ _ _1
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66' / 1f
I 33' —a.- ,
017A 017B 016A 016B
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I I — 66'
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- 33'
— THIRD — — ��/
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33' - 0— 4 33' —
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031A
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I I I I I
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— F—FOURTH— — — AVENUE
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26B SURROUNDING PARCELS
—-— ROAD CENTERLINE
PROPOSED co//
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EX 12 11 2012-0718 RCS
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Print
TO: City Manager's Office
FROM: Emile Schmid, Senior Project Engineer, on behalf of Giao Pham, Interim Public Works
Director
'ATE: August 6,2012
Agenda Type : Work Session Agenda
Council Priority Focus Area: Community Development
TITLE OF AGENDA ITEM:
PRESENTATION AND DISCUSSION ON PROPOSED RESOLUTION NO 12-13, DECLARING THAT A PORTION OF
DEDICATED ROADWAY ON KACHINA AVENUE LOCATED EAST OF CACTUS STREET IS NO LONGER NECESSARY
FOR PUBLIC USE
ACTION REQUESTED:
Presentation and Discussion
DISCUSSION / BACKGROUND INFORMATION:
The Public Works staff has initiated the vacation of dedicated roadway on Kachina Avenue East of Cactus Street to alleviate
issues of loitering that is affecting the abutting property owners. In addition, the right of way does not provide access to any
parcels which would be landlocked in the event of the vacation.
FISCAL IMPACT:
Budgetary Approval Not Required
OPTIONS/ALTERNATIVES:
RECOMMENDATION:
Presentation and discussion.
ATTACHMENTS:
Click to download
D Memo to Council
U Resolution No. 12-13
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Date. July 26, 2012
To. Honorable Mayor and Members of the City Council
Through. George Hoffman, City Manager
From Giao Pham P.E., Interim Public Works Director
Subject: Vacation of Dedicated Roadway
A portion of Kachina Avenue East of Cactus Street inside Palm Springs Unit 2
Proposed Resolution No. 12-13
A portion of Kachina Avenue, located East of Cactus Street inside of Palm Springs Unit 2, is
dedicated right of way with a width of 50 feet
Per Arizona Revised Statutes, the vacation of City owned dedicated right of way requires a
public sale and compensation in an amount the City feels commensurate with the current
market value of the property Per the statute requirement, a sixty day notification of public sale
was posted along the roadway and advertised for the minimum number of consecutive days in a
local newspaper. Purchase offers were received, and the purchase offers from the abutting
property owners was selected as the offers exceeded the minimum valuation Per Arizona
Revised Statutes and City Code, abutting property owners have preference rights at sale for
vacated right of way if they meet the valuation minimum.
This portion of Kachina Avenue has never been opened for public use or maintained by the City.
In addition, the right of way does not provide access to any parcels which would be landlocked
in the event of vacation. Furthermore, area transportation would not be adversely affected.
575 E Baseline Avenue, Apache Junction, AZ 85119
• Voice (480) 982-1055 • Fax(480)982-8005
RESOLUTION NO. 12-13
A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF
APACHE JUNCTION, ARIZONA, DECLARING THAT CERTAIN DEDICATED
PUBLIC RIGHT-OF-WAY, BEING A PORTION OF KACHINA AVENUE EAST
OF CACTUS STREET INSIDE THE PALM SPRINGS UNIT 2
SUBIDIVISION AND DESCRIBED IN VACATION CASE NO 12-13, ARE
eN NO LONGER NECESSARY FOR PUBLIC USE AS A ROADWAY AND ARE
HEREBY VACATED AS PRESENT AND FUTURE PUBLIC RIGHT-OF-WAY.
WHEREAS, the City of Apache Junction became the fee simple
owner of the right-of-way by Final Plat of Palm Springs Unit 2
subdivision on October 1956, as recorded at the office of the
Pinal County Recorder in Docket 1978-000343, and more
particularly described in Exhibit A and depicted in Exhibit B,
and
WHEREAS, the parcel owners of APN 102-03-252 and APN 102-
03-251 desire to vacate the portion between both parcels
dedicated thirty-three foot right-of-way along Kachina Avenue
from Cactus Street to approximately one hundred eighty feet east
to the east boundary of the Palm Springs Unit 2 Subdivision; and
WHEREAS, pursuant to ARS § 28-7204 and Apache Junction City
Code § 13-2-4, the City may sell and convey the land within a
roadway by quitclaim deed after a sixty (60) day notice of sale,
and
WHEREAS, pursuant to ARS § 28-7204 and § 28-7205, as well
as Apache Junction City Code § 13-2-4, abutting property owners
have preference rights for purchasing adjacent vacated right-of-
^ way; and
WHEREAS, pursuant to ARS § 28-7208, vesting of title is
subject to the giving of consideration to the governing body
from the owner of the abutting property owner in an amount
deemed by the governing body to be commensurate with the value
of the vacated roadway; and
WHEREAS, pursuant to ARS § 28-7208, the City Engineer
estimates market value of the dedicated portion of Kachina
Avenue to be $920, taking into consideration the degree of
fragmentation, drainage mitigation, encroachments and
obstructions, and other public benefits; and
WHEREAS, two purchase offers were submitted to the office
of the City Clerk within the sixty day sale notification period,
RESOLUTION NO. 12-13
Page 1 of 3
eS
both by the abutting property owners in the amounts of $465,
which exceeds half of the market valuation of the City Engineer;
and
WHEREAS, the City Engineer recommends acceptance of the two
purchase offers in the amount of $465 for a total of $930 from
the abutting property owners; and
WHEREAS, the vacation, if approved, would not leave a
parcel in separate ownership without access to an established
public roadway or easement connecting such lands with another
public roadway or easement; and
WHEREAS, pursuant to Apache Junction City Code § 13-2-4,
the Director of Public Works on February 13, 2012, submitted
copies of the application for comment to the Development
Services Director, the Public Safety Director, the Apache
Junction Fire District, as well as affected public utility
providers; and
WHEREAS, no opposition statements were received from
Southwest Gas, the Public Safety Director and Development
Services; and no response was received from Salt River Project,
Arizona Water Company, Mediacom, Superstition Mountain Community
Facilities District, the Apache Junction Fire District, and
Century Link
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF
THE CITY OF APACHE JUNCTION, ARIZONA, AS FOLLOWS.
1 The Mayor and City Council of the City of Apache Junction
find that the dedicated Kachina Avenue roadway described in
Exhibits A, and depicted in Exhibits B for each of the
abutting parcels, is classified as a local street on the
Street Classification Plan and is no longer necessary for
roadway purposes and is hereby abandoned and vacated for
public roadway purposes.
2 . The title to the vacated roadway shall vest in the abutting
property owner upon receipt of payment in the amount
described above, and staff is authorized to execute any and
all documents necessary to complete the transfer of ownership
of the roadway
3. Nothing in this approval extinguishes any utility easement
interest of any public utility agency or entity on the
subject street right-of-way.
RESOLUTION NO 12-13
Page 2 of 3
PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
APACHE JUNCTION, ARIZONA, THIS DAY OF , 2012
SIGNED AND ATTESTED TO THE DAY OF , 2012 .
JOHN S. INSALACO
Mayor
ATTEST:
KATHLEEN CONNELLY
City Clerk
APPROVED AS TO FORM:
RICHARD J. STERN
/, City Attorney
RESOLUTION NO. 12-13
Page 3 of 3
OIN
EXHIBIT A
e
VACATION PARCEL (Adjacent to parcel 102-03-251)
A parcel of land lying within the plat of subdivision of PALM
SPRINGS UNIT 2, recorded in Book 8 of Maps, page 3, records of
Pinal County, Arizona, more particularly described as follows:
BEGINNING at the Northeast corner of Lot 410 of said plat;
thence South 89 degrees 58 minutes 38 seconds West, 159. 96 feet,
along the North line of said Lot 410 to a point of curvature;
thence along the Northwesterly line of said Lot 410, along a
curve to the left having a tangent of 20 .00 feet, a radius of
19. 97 feet, a central angle of 90 degrees 05 minutes 56 seconds
and an arc length of 31 . 4n feet, to a point on the Easterly
right-of-way line of Cactus Street (formerly known as 3' Street
on said plat) ;
thence North 00 degrees 07 minutes 18 seconds West, 45 .00 feet,
along a line 25.00 feet East of and parallel with the centerline
of said Cactus Street, to a point on the centerline of Kachina
Drive (formerly known as Kalina Drive on said plat) ;
thence North 89 degrees 58 minutes 38 seconds East, 180. 00 feet,
along said centerline to a point on the East line of said plat;
thence South 00 degrees 01 minutes 22 seconds East, 25. 00 feet,
along said East line to the POINT OF BEGINNING.
Containing 4,585 sq.ft gross, more or less . , -71-67
.tit/ 21?73 C3'
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1
EXHIBIT B
N
NOT TO SCALE
253
LOT 412
I
LOT 411
$I
164 25' 25' 252
II- .
(I)
LOT 324 i
N KACHINA N DR_. 18
0. _ N
c‘ 25 / //00 /�/
159.96'
LOT 342 25, (f) d.
1
182 j 0 , 251
,m
Q
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LOT 410
E 25'
• LOT 409
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249A
ilki �4 6\FICATf
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to 21773A o
( cc JAMES A `ti!� 251 ASSESSOR'S PARCEL NUMBER
HEWITT LOT NO. PER PALM SPRINGS UNIT 2
° A�' LOT 410 BOOK 8 OF MAPS, PAGE 3
y wed. ,,,
6-%/ ONA—)s•P• g — ROAD CENTERLINE
/RES 3— \ ////j ROADWAY VACATION i.
JOB NO. 12-0504 E
ON
EXHIBIT A
OIN
VACATION PARCEL (Adjacent to parcel 102-03-252)
A parcel of land lying within the plat of subdivision of PALM
SPRINGS UNIT 2, recorded in Book 8 of Maps, page 3, records of
Pinal County, Arizona, more particularly described as follows:
BEGINNING at the Southeast corner of Lot 411 of said plat;
thence South 89 degrees 58 minutes 38 seconds West, 160.00 feet,
along the South line of said Lot 411 to a point of curvature;
thence along the Southwesterly line of said Lot 411, along a
curve to the right having a tangent of 20. 00 feet, a radius of
20 .00 feet, a central angle of 90 degrees 00 minutes 00 seconds
and
�' an arc length of 31.42 feet, to a point on the Easterly
right-of-way line of Cactus Street (formerly known as 3rd Street
on said plat) ;
thence South 00 degrees 01 minutes 22 seconds East, 45.00 feet,
along a line 25 .00 feet East of and parallel with the centerline
of said Cactus Street, to a point on the centerline of Kachina
Drive (formerly known as Kalina Drive on said plat) ; emN
?
thence North 89 degrees 58 minutes 38 seconds East, 180. 00 feet,
along said centerline to a point on the East line of said plat;
thence North 00 degrees 01 minutes 22 seconds West, 25 .00 feet,
along said East line to the POINT OF BEGINNING.
Containing 4,585 sq.ft. gross, more or less
v ,H..eq.viciaTT0e7
0./ Q 7.4) 1-
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EXHIBIT B
NOT TO SCALE
253
I LOT 412
LOT 411
164 25' 25' 252
LOT 324
160 00'
(NI 180 00' A
-n I! I I /A 25' ln r1 n
N r\ f-\ d I I fN / t N LJ R . N
LOT 342 \ 25, (f)
I �
182 U 251
U
LOT 410
25' •
LOT 409
249A
, E0 LAND
•in' JA ES 773 251 ASSESSOR'S PARCEL NUMBER
HEWITT %, LOT NO. PER PALM SPRINGS UNIT 2
LOT 411
BOOK 8 OF MAPS, PAGE 3
F4;4)'2oNA us* — ROAD CENTERLINE
iRES 3- 1 //// ROADWAY VACATION f
JOB NO. 12-0504
1
pp ACHE
` ¢ City of Apache Junction
Home of the Sllpet:ctltiotl Mountains
ountains
4RlZONr
Print
TO: City Manager's Office
FROM: Emile Schmid, Senior Project Engineer, on behalf of Giao Pham, Interim Public Works
Director
DATE: August 6, 2012
Agenda Type : Work Session Agenda
Council Priority Focus Area: Community Development
TITLE OF AGENDA ITEM:
PRESENTATION AND DISCUSSION ON PROPOSED RESOLUTION NO. 12-14 AND RESOLUTION NO. 12-15,
DECLARING THAT A PORTION OF PUBLIC ROADWAY EASEMENTS LOCATED ON BOWMAN ROAD BETWEEN
ELEVENTH AVENUE AND TWELFTH AVENUE ARE NO LONGER NECESSARY FOR PUBLIC USE.
ACTION REQUESTED:
Presentation and Discussion
DISCUSSION / BACKGROUND INFORMATION:
The Public Works staff has initiated the extinguishment and vacation of dedicated roadway on Bowman Road
between Eleventh Avenue and Twelfth Avenue to alleviate the multiple permanent structure encroachment issues along the
Bowman Road alignment. In addition, the extinguishment portion as well as the vacation of dedicated roadway, if approved,
would not leave any parcels landlocked.
FISCAL IMPACT:
Budgetary Approval Not Required
nPTIONS/ALTERNATIVES:
RECOMMENDATION:
Presentation and discussion.
ATTACHMENTS:
Click to download
❑ Memo to Council
❑ Memo to Council
❑ Resolution No. 12-14
❑ Resolution No. 12-15
�PQpCHF�
a ti Public Works Department
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Date: July 26, 2012 _
To. Honorable Mayor and Members of the City Council
Through• George Hoffman, City Manager
From• Giao Pham P.E., Interim Public Works Director
Subject: Extinguishment of Federal Patent Easement
Bowman Road between Twelfth Avenue and Eleventh Avenue
Proposed Resolution No 12-14
Federal Patent Easements (FPE's) are one means whereby property is accessed by our
citizens in portions of Apache Junction. FPE's were established as a means to provide public
roadway access to Federal Patent parcels, and to mitigate the need of local government to
acquire right-of-way to provide access to otherwise landlocked parcels. FPE's are typically a
total of 66 feet in width with 33 feet on each side of common parcel lines
The resolution to vacate that portion of Bowman Road which is dedicated right of way,
Resolution 12-15, is being brought before the Mayor and City Council in conjunction with
Resolution 12-14, in which the remaining portions of Bowman Road (Federal Patent
Easements) between Twelfth Avenue and Eleventh Avenue are recommended for
extinguishment
Bowman road, from Twelfth Avenue to Eleventh Avenue has never been opened for public use
or maintained by the City The roadway is classified as a local roadway In addition, the FPE
does not provide access to any parcels which would be landlocked in the event of
extinguishment. Furthermore, area transportation would not be adversely affected
The interim Public Works Director, in desiring to alleviate the multiple permanent structure
encroachment issues along the Bowman Road alignment, initiated a vacation and
extinguishment of the roadway easements along the alignment from Twelfth Avenue to Eleventh
Avenue.
575 E Baseline Avenue, Apache Junction, AZ 85119
• Voice (480)982-1055 • Fax (480)982-8005
ppACh ✓
.4 2 Public Works Department
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Date. July 26, 2012
To. Honorable Mayor and Members of the City Council
Through. George Hoffman, City Manager
From: Giao Pham P E , Interim Public Works Director
Subject. Vacation of Dedicated Roadway
Bowman Road between Twelfth Avenue and Eleventh Avenue
Proposed Resolution No. 12-15
A portion of Bowman Road, located between Twelfth Avenue and Eleventh Avenue, is
dedicated right of way with a width of 33' The entire length of Bowman Road between Twelfth
Avenue and Eleventh Avenue is recommended for extinguishment and vacation by the Public
Works Director.
The resolution to vacate that portion of Bowman Road which is dedicated right of way,
Resolution 12-15, is being brought before the Mayor and City Council in conjunction with
Resolution 12-14, in which the remaining portions of Bowman Road (Federal Patent
Easements) between Twelfth Avenue and Eleventh Avenue are recommended for
extinguishment.
Per Arizona Revised Statutes, the vacation of City owned dedicated right of way requires a
public sale and compensation in an amount the City feels commensurate with the current
market value of the property, taking into account degree of fragmentation, drainage issues, and
encroachments Per the statute requirement, a sixty day notification of public sale was posted
along the roadway and advertised for the minimum number of consecutive days in a local
newspaper Purchase offers were received, and the purchase offer from the abutting property
owner was selected as the offer exceeded the minimum valuation. Per Arizona Revised
Statutes and City Code, abutting property owners have preference rights at sale for vacated
right of way if they meet the valuation minimum
Bowman Road, from Twelfth Avenue to Eleventh Avenue has never been opened for public use
or maintained by the City. The roadway is classified as a local roadway. In addition, the FPE
does not provide access to any parcels which would be landlocked in the event of
extinguishment. Furthermore, area transportation would not be adversely affected.
The interim Public Works Director, in desiring to alleviate safety concerns and vegetation
maintenance efforts along the Bowman Road alignment, initiated a vacation and extinguishment
of the roadway easements along the alignment from Twelfth Avenue to Eleventh Avenue.
575 E Baseline Avenue, Apache Junction, AZ 85119
• Voice (480)982-1055 • Fax(480)982-8005
ON
RESOLUTION NO 12-14
A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF
APACHE JUNCTION, ARIZONA, DECLARING THAT PORTIONS OF
PUBLIC ROADWAY EASEMENTS LOCATED ON BOWMAN ROAD BETWEEN
TWELFTH AVENUE AND ELEVENTH AVENUE, AND DESCRIBED IN
EXTINGUISHMENT CASE EX-12-14, ARE NO LONGER NECESSARY FOR
PUBLIC USE AS PUBLIC ROADWAY EASEMENTS AND ARE HEREBY
EXTINGUISHED AS PRESENT AND FUTURE PUBLIC RIGHT-OF-WAY.
WHEREAS, the City of Apache Junction, upon incorporation,
became the holder of roadway easements as described in Docket
161 Page 408, originally conveyed September 1956, and Docket
1997-040976, originally conveyed November 1997, for public
roadway purposes over certain parcels of real property and more
particularly described in Exhibit A and depicted in Exhibit B;
and
WHEREAS, the parcel owner of APN 103-19-014G desires to
extinguish the easterly thirty-three foot federal patent
easement and vacate the westerly thirty-three foot right-of-way
of the south half and extinguish the westerly thirty-three foot
federal patent easement of the north half along Bowman Road from
Twelfth Avenue to Eleventh Avenue; and
WHEREAS, such easements may be extinguished by local
municipal government pursuant to A.R.S .5 9-500 24 and 28-7214,
and
WHEREAS, pursuant to Apache Junction City Code § 13-2-4
(A) , the Director of Public Works recommends the extinguishment
of said public roadway easements, and
WHEREAS, the City of Apache Junction Street Circulation and
Access Study recommends extinguishment of said public roadway
easements; and
WHEREAS, pursuant to Apache Junction City Code § 13-2-4,
the Director of Public Works on April 5, 2012, submitted copies
of the application for comment to the Development Services
Director, the Public Safety Director, the Apache Junction Fire
District, as well as affected public utility providers, and
WHEREAS, no opposition statements were received from
Southwest Gas, the Public Safety Director and Development
Services; and no response was received from Salt River Project,
Resolution No. 12-14
Page 1 of 3
i __
Arizona Water Company, Mediacom, Superstition Mountain Community
Facilities District, the Apache Junction Fire District, and
Century Link.
WHEREAS, the extinguishment request, if approved, would not
leave a parcel in separate ownership without access to an
established public roadway or easement connecting such lands
^ with another public roadway or easement; and
WHEREAS, the City Engineer has determined that the
easements in question, because of their location, topography,
and encroachments, have no or de minimis public value
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA AS FOLLOWS'
1. The Mayor and City Council of the City of Apache Junction
find that the Bowman Road roadway easements described in
Exhibit A, and depicted in Exhibit B, are classified as
local streets on the Street Classification Plan and are no
longer necessary for roadway purposes, have no or de
minimis public value, and are hereby extinguished for
public roadway right-of-way purposes.
2 . Nothing in this approval extinguishes any utility easement
interest of any public utility agency or entity on the
subject street right-of-way.
OIN
Resolution No 12-14
Page 2 of 3
emS
PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
APACHE JUNCTION, ARIZONA, THIS DAY OF , 2012 .
SIGNED AND ATTESTED TO THIS DAY OF , 2012 .
JOHN S . INSALACO
Mayor
ATTEST•
KATHLEEN CONNELLY
City Clerk
APPROVED AS TO FORM:
RICHARD J STERN
City Attorney
Resolution No. 12-14
Page 3 of 3
EXHIBIT A
PARCEL 1 (Adjacent to parcel 103-19-014A & parcel 103-19-014E)
The East thirty-three feet (33' ) of the South half of the East
half of the South half of the Southwest quarter of the Northeast
quarter of the Northwest quarter of Section 27, Township 1
North, Range 8 East of the Gila and Salt River Base and
Meridian, Pinal County, Arizona;
EXCEPT the North thirty-three feet (33' ) THEREOF;
PARCEL 2 (Adjacent to parcel 103-19-016D)
The West thirty-three feet (33' ) of the South half of the East
half of the South half of the Southwest quarter of the Northeast
quarter of the Northwest quarter of Section 27, Township 1
North, Range 8 East of the Gila and Salt River Base and
Meridian, Pinal County, Arizona,
EXCEPT the North thirty-three feet (33' ) and the South thirty-
three feet (33' ) THEREOF
EXHIBIT "B"
I ' I I ' I I ' I
1 I I I I 1
1 I I I I ,
J 1 I- - - - - - I 1 `- - - - - - ' L
_ ± _ _ TENTH AVENUE
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26B SURROUNDING PARCELS
—-— ROAD CENTERLINE
//// PROPOSED `"
EXTINGUISHMENT z
EX 12-14 2012-0718 RCS
ON "TN
RESOLUTION NO 12-15
A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF
APACHE JUNCTION, ARIZONA, DECLARING THAT CERTAIN DEDICATED
PUBLIC RIGHT-OF-WAY, BEING A PORTION OF BOWMAN ROAD BETWEEN
TWELFTH AVENUE AND ELEVENTH AVENUE AND DESCRIBED IN
VACATION CASE NO 12-15, ARE NO LONGER NECESSARY FOR PUBLIC
0111 USE AS A ROADWAY AND ARE HEREBY VACATED AS PRESENT AND
FUTURE PUBLIC RIGHT-OF-WAY.
WHEREAS, the City of Apache Junction became the fee simple
owner of the right-of-way Warranty Deed on November 12, 1997, as
recorded at the office of the Pinal County Recorder in Docket
1997-040976, and more particularly described in Exhibit A and
depicted in Exhibit B; and
WHEREAS, the parcel owner of APN 103-19-014G desires to
extinguish the easterly thirty-three foot Federal patent
easement and vacate the westerly thirty-three foot right-of-way
of the south half and extinguish the westerly thirty-three foot
federal patent easement of the north half along Bowman Road from
Twelfth Avenue to Eleventh Avenue, and
WHEREAS, pursuant to ARS § 28-7204 and Apache Junction City
Code § 13-2-4, the City may sell and convey the land within a
roadway by quitclaim deed after a sixty (60) day notice of sale;
and
WHEREAS, pursuant to ARS § 28-7204 and § 28-7205, as well
as Apache Junction City Code § 13-2-4, abutting property owners
have preference rights for purchasing adjacent vacated right-of-
way; and
WHEREAS, pursuant to ARS § 28-7208, vesting of title is
subject to the giving of consideration to the governing body
from the owner of the abutting property owner in an amount
deemed by the governing body to be commensurate with the value
of the vacated roadway, and
WHEREAS, pursuant to ARS § 28-7208, the City Engineer
estimates market value of the dedicated portion of Bowman Road
to be $445, taking into consideration the degree of
fragmentation, drainage mitigation, encroachments and
obstructions, and other public benefits, and
WHEREAS, one purchase offer was submitted to the office of
the City Clerk within the sixty day sale notification period, by
RESOLUTION NO 12-15
Page 1 of 3
eN
the abutting property owner in the amounts of $475, which
exceeds the market valuation of the City Engineer; and
WHEREAS, the City Engineer recommends acceptance of the
purchase offer in the amount of $475 from the abutting property
owner; and
WHEREAS, the vacation, if approved, would not leave a euN
parcel in separate ownership without access to an established
public roadway or easement connecting such lands with another
public roadway or easement, and
WHEREAS, pursuant to Apache Junction City Code § 13-2-4,
the Director of Public Works on April 5, 2012, submitted copies
of the application for comment to the Development Services
Director, the Public Safety Director, the Apache Junction Fire
District, as well as affected public utility providers; and
WHEREAS, no opposition statements were received from
Southwest Gas, the Public Safety Director and Development
Services; and no response was received from Salt River Project,
Arizona Water Company, Mediacom, Superstition Mountain Community
Facilities District, the Apache Junction Fire District, and
Century Link
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF
THE CITY OF APACHE JUNCTION, ARIZONA, AS FOLLOWS:
1. The Mayor and City Council of the City of Apache Junction
find that the dedicated Bowman Road roadway described in
Exhibit A, and depicted in Exhibit B, is classified as a
local street on the Street Classification Plan and is no
longer necessary for roadway purposes and is hereby abandoned
and vacated for public roadway purposes
2 . The title to the vacated roadway shall vest in the abutting
property owner upon receipt of payment in the amount
described above, and staff is authorized to execute any and
all documents necessary to complete the transfer of ownership
of the roadway.
3. Nothing in this approval extinguishes any utility easement
interest of any public utility agency or entity on the
subject street right-of-way
RESOLUTION NO 12-15
Page 2 of 3
PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
APACHE JUNCTION, ARIZONA, THIS DAY OF , 2012
SIGNED AND ATTESTED TO THE DAY OF , 2012
JOHN S. INSALACO
Mayor
ATTEST.
KATHLEEN CONNELLY
City Clerk
APPROVED AS TO FORM.
RICHARD J. STERN
enN City Attorney
RESOLUTION NO 12-15
Page 3 of 3
OIN
}
EXHIBIT A
VACATION PARCEL (Adjacent to parcel 103-19-014G)
The East 33 .00 feet of the South half of the East half of the
South half of the Southwest quarter of the Northeast quarter of
the Northwest quarter of Section 27, Township 1 North, Range 8
East of the Gila and Salt River Base and Meridian, Pinal County,
Arizona;
EXCEPT the South 33.00 feet thereof.
'ui 21773 ,0
I L11 JAMES A. ,q,)21
.ediA o1 5' �.15
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J8d -o503
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MES A �'�� !
HEW ITT �' — ROAD CENTERLINE
�`�A�°NA U S P• �4j ///� ROADWAY VACATION i
'RES 3 ' '
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Print
TO: City Manager's Office
FROM: Rudy Esquivias, Senior Planner/Zoning Administrator
DATE: August 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-2-12 AND SD-1-12, REQUESTS BY VILLAGIO ESTATES
LLC, REPRESENTED BY HUDD HASSELL, FOR A PLANNED DEVELOPMENT MAJOR AMENDMENT, NEW
PRELIMINARY PLAT AND FINAL PLAT FOR THE RE-DESIGN OF VILLAGIO SUBDIVISION.
ACTION REQUESTED:
Presentation and Discussion
DISCUSSION / BACKGROUND INFORMATION:
The CR-5/PD (Multi-Family Residences by Planned Development)-zoned property, located on the south side of W. 16th
Avenue at the S. Desert View Place alignment, was previously zoned and pre-platted for a 42-unit townhomes
subdivision, but the property went into default and the platting process was never completed. The new owners wish to amend
the development plan and re-plat the property for 37 detached single-family homes, allowed as a conditional use under the
existing zoning.
FISCAL IMPACT:
Budgetary Approval Not Required
"`PTIONS/ ALTERNATIVES:
Loning Ordinance Requirement
RECOMMENDATION:
On July 24, 2012, the Planning and Zoning Commission recommended approval of both the PD amendment and pre-plat
requests by a vote of 4 to 1, subject to all of staff's recommended conditions of approval. Tonight's discussion also introduces
the final plat map request.
ATTACHMENTS:
Click to download
D Council WS Cover Memo
D PZ Public Hrq Rep w Attachments
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Y City of Apache Junction
4R!_OjP Development Services Department
Date July 25, 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-2-12/SD-1-12 Villagio Subdivision
Background
Villagio Estates LLC, represented by Hudd Hassell, has applied for a Planned Development (PD)
major amendment, preliminary and final subdivision plat approval to redesign and plat the
Villagio property from the previously approved plan for 42 townhome units into 37 single-
family homes. The +/-4-gross-acres property is located on the south side of W. 16th Avenue at
the S. Desert View Place alignment. The current underlying zoning on the property, CR-5/PD
(Multi-family Residences by Planned Development), is not being changed, and the CR-5 base
zone does allow single-family homes as a conditional use. Because the CR-5/PD zoning is pre-
existing, there are no minor or major General Plan amendment issues involved
Planning and Zoning Commission Recommendation
On July 24th, the Planning and Zoning Commission held a public hearing regarding the
development plan and preliminary plat (P&Z staff report and exhibits attached). After much
discussion, the Commission voted to recommend approval of both the PD amendment, with all
recommended conditions, and the preliminary plat, with all recommended conditions plus one,
by a vote of 4 to 1. The dissenting vote was cast because of concerns that the lots and setbacks
are too small (too much in too small a space); that the homes are too close together, that
resident and guest parking will become an issue, safety concerns, etc. The Commissioner did
not feel that this was a quality project Staff and the developer commented that no negative
reviews or concerns had been expressed by the reviewing agencies, including the Fire District,
especially with regard to health and safety
One neighbor spoke at the public hearing and his concern had mainly to do with the possibility
of kids jumping the wall at the play area in the southeast corner area of the subdivision. As part
of their recommendation of approval, the Commission added a condition that the developer
raise the height of the east side wall at the play area by one course to try and mitigate the
neighbor's concern. So, the wall adjacent to the play area will be about 7 feet high instead of 6
feet high.
Council Meeting
At their work session on August 6th, staff will present to Council the PD amendment and pre-
plat proposals, and also the 15t submittal of the final plat drawing (received July 25) Staff has
been working with the developer and his team on fast-tracking this project and we hope to
bring back all three items for final Council public hearing and decision very shortly
Attachments PZ Staff Report from July 24, 2012, with application, vicinity map, and aerial map, PD plans, pre-plat
submittal and final plat map (these last three large format attachments NOT included as electronic
attachments)
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4R' °,'Q Development Services Department
PLANNING AND ZONING COMMISSION
PUBLIC HEARING STAFF REPORT .....
DATE* July 24, 2012
CASE NUMBER PZ-2-12/SD-1-12
APPLICANT/OWNER: Villagio Estates, LLC
REPRESENTATIVE: Hudd Hassell
REQUEST An application requesting a Planned
Development (PD) Major Amendment and new
preliminary plat for the proposed
"Villagio" development. The new PD plan
proposes to redesign and plat the property
from the previously approved plan for 42
townhome units, into 37 single-family
units, allowed as a conditional use under
the CR-5 base zone.
LOCATION. On the south side of W. 16th Avenue, west
of Delaware, at the S. Desert View Place
alignment
GENERAL PLAN/
ZONING DESIGNATION• Medium Density Residential at 1 to 6
dwelling units per acre The property is
currently zoned CR-5/PD (Multi-family
Residences/Townhomes by Planned
Development)
SURROUNDING USES: North: Superstition View MH Subdivision
(zoned TH-Trailer Homesites)
South: Single-family residence (zoned TH)
and Meridian Manor Subdivision
(zoned TH/PD)
East: Manufactured home lots (zoned TH)
West: Superstition Meadows MH Subdivision
(zoned TH)
PZ-2-12/SD-1-012 (Villagio Estates LLC/Hassell)
PAGE 2 OF 11
BACKGROUND
The original 5 gross acres property was part of the city' s
original incorporated area and was zoned Pinal County' s TH
(Trailer Homesites) zone at the time of incorporation. In 1990,
the site was the subject of a proposed rezoning from TH to CR-
3MH (case PZ-6-90) by applicants Lawien and Pucket, who wanted
to establish zoning for the purpose of platting an 18-lot
manufactured home subdivision similar to the one next door
(Superstition Meadows) . The rezoning required a minimum 6-1
vote of the Council because of numerous protest petitions
received from the neighborhood. A vote of 3-3 ultimately failed
the rezoning.
Mr Lawien later built the house that exists now in the
southwest corner area of the property Years later, he split
off said southwest corner area for the purpose of selling that
piece of the property. This action created an illegal land-
locked parcel (102-18-002B) In 2005, when the new owner of
parcel 002B made application for a permit, the permit was denied
because of the parcel' s illegal status Mr Lawien (who still
owned parcel 102-18-002A) was required at that time to apply for
the creation of a private access way. On March 1, 2005, the
Council approved Resolution No. 05-11, approving the private
access way down the center of parcel 002A finally giving parcel
002B legal and perpetual access to 16th Avenue.
About one year later, the new owners of parcel 002A, Cliff Axt
/1 and Terry Galloway, applied to rezone said parcel from TH to CR-
4/PD for a proposed 21-lot courtyard homes subdivision, cases
PZ-3-06/SD-2-06 Pursuant to Ordinance No. 1268 and Resolution
No. 06-16, the rezoning and preliminary plat requests for
"Villagio at Apache Junction" were approved. In May of 2007,
Mr Axt requested from Council, and was granted, a one year time
extension for the filing of the final plat Ultimately, the
owners opted to sell the property to another ownership group,
16th Avenue LLC.
In 2008, pursuant to cases PZ-5-08/SD-1-08 (Ordinance No.
1331/Resolution No. 08-40) , 16th Avenue LLC rezoned the property
to CR-5/PD and changed the development plan and pre-plat from a
plan for 21 courtyard homes to 42 townhome units Unfortunately,
around this time the economy was going bad and the project was
not realized, ultimately reverting back to the Lawien family.
eiN
PZ-2-12/SD-1-012 (Villagio Estates LLC/Hassell)
PAGE 3 OF 11
PROPOSAL
Attached please find vicinity and aerial maps for the subject
property along with new PD plans and a preliminary plat for the
re-design of Villagio into a 37-unit single-family homes
subdivision The overall layout is similar in many respects to
the previous Villagio plans in that there is one main street
down the center of the development, with driveways to either
side of it accessing the homes.
However, whereas the previous plans had the driveways accessing
garages at the backs of the homes and the fronts of the homes
facing each other, separated by landscaped common courtyards,
this new plan has the driveways accessing the garages at the
fronts of the homes Instead of landscaped courtyards in front
of the homes, the developer proposes to use a product called
Grasspave, which is actual grass and a base support material
designed to be driven over and capable of holding the weight of
a fire truck. This Grasspave will provide a green area in front
of the homes, lessening the heat island effect, and also
allowing for some water absorption
The internal lots are also designed in a "Z" shape which will
allow for the staggering of the garages . Some Commissioners may
recall a similar design we observed on our tour of master
planned communities a few years ago Agritopia (located at the
northwest corner area of Higley and Ray, in Gilbert) uses this
"Z" lot design. The backs of the homes will have wall-enclosed
small yards backing up to each other. ems
The two required parking spaces for the homes will be provided
within the building envelope of the units themselves (except
Model E, see below) and guest parking will be permitted along
one side of Desert View Place. No parking of vehicles shall be
permitted in the Grasspave areas.
There will be 5 home models offered Model A is the only
single-story home and Model D (of which only two will be
offered) is designed with a one car garage and one tandem space.
Model A is the smallest home with about 1176 square feet livable
and Model B is the largest with about 1884 square feet livable.
The other three units range in between. Two open space amenity
areas will be provided for the homeowners as well
1
•
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PZ-2-12/SD-1-012 (Villagio Estates LLC/Hassell)
PAGE 4 OF 11
The subdivider will also be required to provide all standard
subdivision improvements, including the widening and improvement
of 16th Avenue with asphalt, sidewalk, curb, gutter, street-
lights, fire hydrants, and street frontage landscaping. Peri-
1 meter walls, on-site retention and internal landscaping will
also be required.
Planning Staff Analysis and Findings
Relationship to General Plan •
The subject site and all of the surrounding area is designated
as "MD" Medium Density Residential, ranging from 1-6 dwelling
units per acre (du/ac) , on the city' s General Plan. The
previous rezoning for the 42-unit townhomes project, which was
processed under the city' s former General Plan, was approved
with a minor General Plan amendment to allow the project to have
a higher density (about 10 .5 du/ac) . This project (going from
42 units to 37 units) proposes a decrease in density to about
9 25 du/ac. Because the zoning is not changing in this current
case, there are no major or minor General Plan amendment issues
involved
Zoning/Site Context •
The 4 acre subject parcel is currently zoned CR-5/PD as
mentioned in the background information The site is bordered
by a manufactured homes subdivision to the west, a manufactured
and conventional homes gated subdivision to the south, and two
more areas zoned for manufactured homes to north and east sides
of the property. Please note that properties which are zoned TH
(excluding rental space MH parks) may be developed with either
conventional homes or manufactured homes, with a maximum
building height of 25 feet
Planned Development Request:
Planned Development deviations are being requested for the lot
area, lot width and setbacks proposed for Villagio Listed
below are the specific development standards for CR-5 as stated
in the Apache Junction Zoning Ordinance, and a comparison as to
how the proposed development pattern at Villagio deviates from
the CR-5 standards . Please also note that even though CR-5 is
basically a multi-family zoning district, single-family homes
are allowed therein as a conditional use and/or in this case, by
Planned Development •
eN f
PZ-2-12/SD-1-012 (Villagio Estates LLC/Hassell)
PAGE 5 OF 11
• The City of Apache Junction Zoning Ordinance, Section 1-15-9,
states that parcels within a CR-5 zone must normally meet a
minimum lot area of 10, 000 net square feet, with one dwelling
unit allowed for every 2, 000 square feet of lot area. Villagio
proposes small single-family lots, with the smallest lot in
Villagio (Lot 37) proposed to be around 2068 square feet and the
largest lot (Lot 17) proposed at around 3655 square feet (A
similarly designed development in the City is Arizona Goldfield
on the west side of S. Cortez Road, on the south side of US60 )
• 70' minimum lot widths are normally required for CR-5 lots.
This development proposes minimum lot widths of about 29' .
• Maximum lot coverage by all buildings is stated as 50% in a
CR-5 zone. Villagio proposes a maximum lot coverage percentage
of about 40%
• Section 1-15-9-6 (A) states that parcels within a CR-5 zone
may allow structures with a maximum height of 25' , except that
2-story structures are not allowed within 50' of a neighboring
single-family zone This development proposes structures at a
height of 25' , but the 2-story portions of the structures will
not be within 33' of a perimeter property line/neighboring
single-family zone
• Section 1-15-9-7 addresses setback requirements as being 25'
in the front, 35' in the rear, and 10' on the sides Villagio
proposes minimum setbacks of 3' from interior property lines (6'
between structures) and 10' from perimeter property lines to the
west and east. The homes along S. Desert View Place are
proposed at a zero setback. The garages will be staggered at 5'
and 35'
eN
Because of the deviations listed above, a Planned Development
process is necessary for this development
Villagio features 37 site-built homes designed in a Southwestern
aesthetic using a pallet of earth tone colors, regional design
features and 4-sided architectural detailing. The subdivision
will feature 1- and 2-story models, but the models on the west
and east sides of the subdivision shall have a "step-up" type of
design so that the 2-story impact of the units is not
immediately adjacent to the 1-story units which surround the
property Although, should surrounding properties be
redeveloped under their existing zoning, they too could be
constructed with 2-story homes (25' building heights) .
PZ-2-12/SD-1-012 (Villagio Estates LLC/Hassell)
PAGE 6 OF 11
W. 16th Avenue along the property frontage will be required to be
fully improved and dedicated as a public street, while Desert
View Place will be a gated private street owned and maintained
by a HOA. The possibility of additional street improvements on
Aftk
16th Avenue to the west and east of the property frontage are
being negotiated separately through a development agreement.
Desert View Place will be 26' -1" across, which is the minimum
acceptable to the Fire District for access with parking on one
side of the street. Individual Grasspave driveways will provide
access to the homes . Staff will require that the CC&R' s
prohibit the use of garages for storage that would impede the
ability to park two cars, and restrict parking within the
Grasspave driveways . All internal private streets will be
perpetually maintained by the future HOA
Small enclosed yards with patios are included with each home
(see revised pre-plats dated 7/17/12 attached) . Landscaping is
proposed along S. Desert View Place as well as in the front yard
areas of the homes . The landscaping along 16th Avenue will
comply with the Apache Junction Landscape and Screening
Requirements, with all landscaping maintenance being the
responsibility of the HOA.
The development will feature both passive and active recreation
areas including a shade ramada by the swimming pool, barbeque
and picnic area, and accent landscaping There is also a
children' s play structure, shaded benches, and a turf play area.
Public Input:
The applicants conducted their public participation neighborhood
meeting at the city' s multi-gen center on June 21, but no
neighbors showed up for the meeting according to Mr. Hassell.
Planning and Zoning Commission Work Session
At their work session on July 10, while the Commissioners seemed
generally pleased with the aesthetic qualities of the proposed
homes and the infill development, they also expressed a few
concerns, including: that perhaps too much was being proposed
in too small a space, that the 6-foot separation distances
between the homes were insufficient, perhaps 10 feet instead,
concern about water usage in the Grasspave areas; and the
singular access in and out, especially in an emergency
situation Staff conveyed these concerns to Mr. Hassell.
PZ-2-12/SD-1-012 (Villagio Estates LLC/Hassell)
PAGE 7 OF 11
Mr. Hassell pointed out that Villagio' s previous PD plan and
pre-plat was for 42 units in a very similar layout. This plan
for 37 units actually represents a decrease to the density that
is already approved. The singular access is the same cul-de-sac
design as before and is acceptable to the Fire Marshall in terms
of an emergency situation. Mr Hassell also pointed out that
the previous design was for townhomes with zero setbacks between
units The 6' distance (3' foot to a property line) is the
minimum that the International Residential Code allows without
having to construct firewalls, which is an added expense.
Staff Recommendation
As in the previous proposals for Villagio, Staff notes that
numerous planned development deviations are being requested for
this very unique tailor made project As such and within the
context of trade-offs for the requested deviations, staff
respectfully recommends to the Commission that they include the
following conditions of approval as part of a favorable
recommendation to the City Council .
RECOMMENDED MOTION FOR PLANNED DEVELOPMENT AMENDMENT
I move that the Planning and Zoning Commission recommend to the
Apache Junction City Council the (APPROVAL/DENIAL) of planned
development major amendment case PZ-2-12, a request by Villagio
Estates, LLC, represented by Hudd Hassell, to amend the plan of
development for the CR-5/PD-zoned property located on the south
side of W. 16th Avenue at the S Desert View Place alignment,
from a plan for 42 townhome units to a plan and preliminary plat
for 37 single-family homes, allowed as a conditional use,
subject to the following conditions of approval.
1) Street improvements along the property' s 16th Avenue
frontage, such as extension of pavement and the
provision of sidewalk, curb, gutter, streetlights, fire
hydrants, landscaping, retention areas, etc. , normally
required for CR-5-zoned properties, shall be required as
part of this planned development project, subject to
approval by the City Engineer Additional off-site
improvements along 16th Avenue may be negotiated with the
developer as part of a separate development agreement.
PZ-2-12/SD-1-012 (Villagio Estates LLC/Hassell)
PAGE 8 OF 11
2) Xeriscape landscaping shall be provided throughout the
development as illustrated on the submitted conceptual
landscape plan. The swimming pool and playground
amenity areas shall be shaded for the mitigation of
summer heat by drought-tolerant, low-water using trees.
A complement of either 24" box Ironwoods or 24" box Rio
Salado Mesquites shall be used in these amenity areas,
with the Ironwood representing the first choice as it is
slow growing, and the Mesquite as a secondary option as
it is resistant to high winds and is a good shade tree.
3) The perimeter of the development adjacent to 16th Avenue
shall be landscaped in accordance with the city' s
Landscape and Screening Requirements, except that all
required trees shall be 24" box and all required shrubs
shall be 5-gallon shrubs A decorative masonry wall
shall also complement the 16th Avenue streetscape to
reduce traffic noise and to screen the development from
the road
4) The proposed homes shall include southwestern
architectural features as illustrated in the City' s
Design Guidelines and in the submitted elevations, and
shall offer ground mounted air conditioning units and
architectural treatments on all four sides of the
buildings so as to preclude flat or blank facades,
including pop-outs and roofline and color variations to
add visual interest Buildings taller than one story
J'\ shall not be located closer than 33 feet to the east or
west property lines .
5) All applicable permits shall be applied for and plans
shall be designed to current City codes prior to any lot
grading or construction on the lots. Inclusively, all
applicable development fees shall be paid at the time of
permits issuance on a per-building basis .
6) The preliminary and final plats shall reflect
substantial compliance and consistency with the Planned
Development concepts presented with case PZ-2-12,
incorporated by reference herein, and as otherwise
specified through these conditions of approval, to
include general layout, setbacks, public and private
rights-of-ways, easements and tracts, building massing,
PZ-2-12/SD-1-012 (Villagio Estates LLC/Hassell)
PAGE 9 OF 11
amenities, perimeter and interior walls, model types,
landscaping and other improvements .
7) The rear yard patios shall be covered patios and shall
at no time hereafter be enclosed
8) All common areas, amenity areas, and tracts within and
immediately adjacent to the proposed development,
including perimeter buffer walls and interior and
exterior common area landscaping, shall be owned and
maintained in good condition at all times by the owners
or homeowners association of the proposed subdivision.
9) Unobstructed right of ingress and egress shall be
provided at all times to anyone wishing to access parcel
102-18-002B, before, during and after the construction
of the development. Said right of ingress and egress
shall be the responsibility of the owners of Villagio
and their agents, contractors, etc.
RECOMMENDED MOTION FOR PRELIMINARY PLAT
I move that the Planning and Zoning Commission recommend to the
Apache Junction City Council the (APPROVAL/DENIAL) of a
preliminary plat, case SD-1-12, a request by Villagio Estates,
LLC, represented by Hudd Hassell to create a preliminary
subdivision plat for the proposed Villagio Subdivision, located
on the south side of W. 16th Avenue at the S Desert View Place
alignment, subject to the following conditions of approval.
1) All conditions of approval for the CR-5/PD-zoned property
as approved pursuant to planned development major amendment
case PZ-2-12 shall govern the design and subsequent
improvements of the Final Subdivision Plat.
2) Within one year of Preliminary Subdivision Plat approval,
the developers shall submit for formal review, the Final
Subdivision Plat and improvement plans for the proposed
subdivision.
PZ-2-12/SD-1-012 (Villagio Estates LLC/Hassell)
PAGE 10 OF 11
3) Street improvements along 16th Avenue, including but not
limited to, the extension of pavement and the provision of
sidewalks, curbs, gutters, streetlights, fire hydrants,
landscaping, etc. , shall be designed and constructed
ems according to the City of Apache Junction Engineering
Guidelines. Possible additional off-site street
improvements along 16th avenue shall be negotiated
separately through a development agreement
4) The Conditions, Covenants and Restrictions for Villagio
shall also include provisions to address the following:
prohibitions on owners using garages for personal storage
to the extent that two normal passenger vehicles cannot be
accommodated in them at all times, prohibiting the parking
of personal or guest vehicles in the Grasspave driveways,
establishing a uniform system for garbage pick-up and mail-
delivery, and establishing clear rules for the "use and
benefit" easements
5) South Desert View Place shall be shown on the Final Plat as
a private street, owned and maintained by the Homeowners
Association for Villagio. Said street shall relinquish and
replace the 28-foot wide private access way created
pursuant to Resolution No. 05-11 for the benefit and
enjoyment of the existing residents and guests of parcel
102-18-002B.
6) The residents and guests of parcel 102-18-002B, adjacent to
and at the southwest corner area of the site shall be
allowed unrestricted ingress and egress to their property
during construction. Said residents shall also have the
right to use the private street for perpetual ingress,
egress and utility purposes subsequent to its construction,
including access thereto through any gates for Villagio
7) Street-side landscaping, a buffer wall and an access
driveway cut shall be provided in the private street
adjacent to and to the north of parcel 102-18-002B.
This case is tentatively scheduled for City Council work session
on Monday, August 6, 2012; and for public hearing by the City
Council on Tuesday, August 21, 2012 .
PZ-2-12/SD-1-012 (Villagio Estates LLC/Hassell)
PAGE 11 OF 11
Prepared by Rudy Esquivias
Senior Planner
Attachments•
Exhibit #1 - Application for PZ-2-12
Exhibit #2 - PZ-2-12 Vicinity Map
Exhibit #3 - Aerial image of property and surrounding neighborhood
Exhibit #4 - Villagio PD Concept Plans
Exhibit #5 - SD-1-12 Proposed Preliminary Plat (dated 7-17-12)