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HomeMy WebLinkAbout2012 08.06 City Council Work Session Agenda PPRCHF j O1 Gin City of ache Junction U * 2 Home of the Supet:t-lttion Mountains 4 P1ZON* 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and Implementation Strategy Should the ATRA be approved,the existing Meridian Redevelopment Area(MRA) will be rescinded, as all of the properties in the MRA are subsumed in the ATRA The Planning &Zoning Commission voted 5-0 in favor of the recommendation (with Commissioner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 4jii Gtipity of Apache Junction Z Home of the Sllpe/.•trtio/r :74or///tams 4Rr2O0* 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 • P pGHf a P tk ti 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 2 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 3 t,pACH ✓G . pity of Apache function U jHome of the Superstition Mountains 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 pi)) „LIN- utenf kurrt) - 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 Existing Redevelopment Areas ' 3 •� a °Q, R-" ' . ` 1. 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'� '�� Al �AiZth,v„r 9 Avenue �Sr1 IS k �fi. n 'mkt oeN 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 *pACMEG Q Ci0 glApache Junction . Z Home of the Super:y/itiorr Mountains 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 ppAcHEa .F 111kPublic Works Department s .01. �J , Z "24 *-6 �ZG��dl'!/ ' rws Home of the Superstition Mountains 'a Rf ZONP 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 I I / 33 1 66' / 1f I 33' —a.- , 017A 017B 016A 016B <I i1 OI cr I I I I I — 66' - -+I I L - - - - - - /1"/ - 33' — THIRD — — ��/ // I - - - - � /// / / 1 33' - 0— 4 33' — .r 33' I I 031A z 1 0300 I " ... I 21 I 1 e 0 0 1 00 • I • 0 31 B 33' 0 I I I I I _ _I L - - - - - - - - - - I — F—FOURTH— — — AVENUE f 26B SURROUNDING PARCELS —-— ROAD CENTERLINE PROPOSED co// /// EXTINGUISHMENT z EX 12 11 2012-0718 RCS iPp AC k- Ct' of de/ o Apache Junction Home of`the Superstition Mountains 4RizoNr 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 pQpcHR✓ �� ti Public Works Department /���/ 0 ,*94a 0// a(fiZ,1 Home of the Superstition Mountains 4RIZONP 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' Mt.-Sr A. 0) Jog (Z-OSo4 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 U LOT 410 E 25' • LOT 409 )6 i 4iif 249A ilki �4 6\FICATf i G4�' 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- E'ki°/ '' E.1 ,less* tz-OSo4 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 K,* A# -1 04 U ' Z Home of the Superstition Mountains 4RIzo 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 .y, a F. z ,* •, -1 ?/ Home of the Superstition Mountains 4FetzoN� 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 , I I I I , , I I I I , 012C 013 1, Q 1 < 0 , c 0 0 cc x J il L - - - - - - I ' 1.23- - - - - - J ' L - - ELEVENTH i - -AVENUE- - - 7 T - - - - - - - - - - - - -1 , r / , , i i 66, pip i i i I 014B 1 i 016D//4 i Oi �. -O i I D ' �� LU I I 014G I 33' i Ui I I I - - - - - J /�/ =33' J - - - — — � ' L - - - TWELTH - - - - AVENUE - - t 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 �Xp/ 33- J8d -o503 i 1 EXHIBIT B t I 1 N l 1 NOT TO SCALE r. F i f ci a 013 x 015A 1 1 L — 1 1 To 1 33,i 33, I 3 014A ! 1 ! Iz 1 Q 33' M t 0 016D 1 jco l 33' 014G I ` I 1 $01 33' 12th to M AVE. E M r) _ r) to —I 33'1 33' 019A I 018E i ill 1 eis(jEoo¢I\ CA4TF9 t 0 U2s773 ° 014.G ASSESSOR'S PARCEL NUMBER MES A �'�� ! 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APIt 1031BQBl 'Oi•1800'B ar:n,smrr, IF"wo 07.:14740 I G)z !fJN�OPP�•p• P��pf•+ F Q ' g�rfi � H y ti "off _ 4 1 `cs 18j!F Landscape Plan ���� Villa gto N Aw PpACHEde/ yn City of Apache Junction z Home of the Super:strtion Mountains orrrrtains 4PizONr 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 p p ?r4CH ✓ O�P O 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) ,.. PpACH J s {'.a it U(:11 z City of Apache Junction 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 • ON fr 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)