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2013 08.06 City Council Regular Agenda
City of Apache Junction, Arizona Meeting location City Council Chambers E•'. at City Hall 300E Superstition Blvd Agenda g Apache Junction AZ r1�i'.Yr 85119 City Council Meeting www ajcity net Ph (480)982-8002 Tuesday,August 6,2013 7:00 PM City Council Chambers A. CALL TO ORDER B INVOCATION AND PLEDGE OF ALLEGIANCE C. ROLL CALL D. CONSENT AGENDA The council may, at this time, take single action on any or all items listed as consent agenda items These may include, but are not limited to, acceptance of agenda, acceptance of minutes, appointments, acceptance of resignations and adoption of certain resolutions and other items which do not require a public heanng The consent agenda is a timesaving device of which the mayor and city council is to receive documentation on these items from the city manager for their review prior to the meeting Any member of the council may remove any item from the consent agenda for discussion and cause a separate vote on the matter later in the agenda 1. 13-180 Acceptance of agenda Consideration and action 2. 13-181 Approval of minutes of regular meeting of July 16, 2013 Consideration and action. 3. 13-198 Consideration of approval on the award of contract to Sunland Asphalt for street maintenance work in partial fulfillment of fiscal year's 2013-2014 Street Maintenance Plan in an amount not to exceed $1,448,593 20 The work would be completed through the Cooperative Purchasing Network Contract#R5225 Consideration and action E. AWARDS, PRESENTATIONS AND PROCLAMATIONS Awards, presentations from other organizations,proclamations issued by the mayor, and acknowledgement of distinguished guests and visitors, and staff presentation of receipt of grant or donated funds are permitted at this time 4. 13-155 Proclamation supporting the"Start by Believing" public awareness campaign Presentation F ANNOUNCEMENT OF CURRENT EVENTS The mayor or any member of council may at this time present a brief summary of current events However, no discussion shall take place on such items except for clanfying comments related to substance, time and location City of Apache Junction,Arizona Page 1 Printed on 7/29/2013 City Council Meeting Agenda August 6,2013 G. CITY MANAGER'S REPORT The city manager, members of city staff or those individuals designated by the manager may present information pertinent to items under consideration or information related to the operation of the city There shall however be no discussion at this time except for clarification inquires 5. 13-185 City manager's report Presentation. H PUBLIC HEARINGS Public hearings required by applicable law shall be conducted by the council and any person shall be given the opportunity to speak All remarks shall be addressed to the council as a whole and not to any member thereof Such remarks shall be limited to five(5)minutes unless additional time is granted by the mayor This time limitation shall not apply to applicants and their agents appearing before the council 6. 13-199 Proposed Ordinance No 1393 (rezoning case PZ-3-13), a request by Robb Tyler representing Acer Homes Limited Liability Corporation and PARPAC Retirement Plan, et al , to rezone and amend a development plan for a 20-acre property at the southeast corner of E 16th Avenue and S Tomahawk Road from General Rural (GR) and Conventional Single-family homes by Planned Development(CR-3/PD)to CR-3/PD with a new development plan Consideration and action. 7. 13-200 Proposed Resolution No 13-31 (Case SD-2-13), a request by Robb Tyler representing Acer Homes Limited Liability Corporation and PARPAC Retirement Plan, et al , for approval of a preliminary plat for a 120-lot single family homes subdivision on 20 gross acres at the southeast corner of E 16th Avenue and S Tomahawk Road This request accompanies rezoning case PZ-3-13 Consideration and action OLD BUSINESS The council shall consider any business that has been previously considered and which is still unfinished to include those items previously postponed or tabled No member of the public shall be permitted to speak on these items unless invited to do so by the mayor after first submitting a written request-to-speak form with the city clerk J. NEW BUSINESS The council shall consider any business not yet considered No member of the public shall be permitted to speak on these items unless invited to do so by the mayor after first submitting a written request-to-speak form with the city clerk 8. 13-178 Appointment to fill vacany on the Sewer District Board Interviews were conducted at the August 5 City Council Work Session This appointment will expire on July 7th, 2014 Consideration and appointment K. COUNCIL DIRECTION TO STAFF This item allows the mayor and city council to direct staff on specifically listed matters City of Apache Junction,Arizona Page 2 Printed on 7/29/2013 City Council Meeting Agenda August 6,2013 9 13-160 Council Direction to staff on the City of Apache Junction labor market Direction to Staff L. SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES 10. 13-186 Executive Session at 5 45 P M and Work Session at 7 00 P M for Monday,August 19, 2013 11 13-187 Executive Session at 5 45 P M for Tuesday, August 20, 2013 Other meetings if necessary M. CALL TO PUBLIC At this time the public has the privilege to address the council with requests, communications, comments or suggestions relating to city business that are not listed on the agenda All speakers must have already submitted a wntten"Request to Speak"form to the city clerk no later than the conclusion of the city manager's report portion of the agenda If there is a group speaking on the same item, they should select a spokesperson All such remarks shall be addressed to the council as a whole and not to any member thereof The mayor is authonzed to ask a speaker to stop speaking and leave the podium or to adjourn the meeting if anyone becomes disorderly, uncivil, makes personal attacks or continues to speak about items that are not within the jurisdiction of the city after being warned such issues are beyond the jurisdiction of the city to act The council may not answer questions of the speaker, discuss the matter with one another, but may at the conclusion 1)respond to criticism by a speaker,.2)ask the city manager to review a matter, 3)ask the city manager to place the matter on a future agenda Each speaker must approach the podium, speak into the microphone, provide their name and address There is a three(3)minute time limit per speaker N ADJOURNMENT Copies of this agenda and additional information on any of the items listed above may be obtained from the City Clerk's office located at 300 E Superstition Blvd, Apache Junction,AZ 85119, Monday through Thursday from 7 00a-6 00p, excluding holidays If any person with a disability needs any type of accommodation, please notify Human Resources at (480)474-2617 or(480)983-0095(TDD)at least 72 hours pnor to the scheduled time City of Apache Junction,Arizona Page 3 Printed on 7/29/2013 CITY COUNCIL REGULAR MEETING JULY 16, 2013 The regular meeting of the City Council of the City of Apache Junction, Arizona, was held on July 16, 2013, at the Apache Junction City Council Chambers pursuant to the notice required by law CALL TO ORDER Mayor Insalaco called the meeting to order at 7 . 00 p.m. INVOCATION Councilmember Wilson gave the Invocation PLEDGE OF ALLEGIANCE Councilmember Waldron led the Pledge of Allegiance. ROLL CALL Councilmembers Present. Mayor Insalaco Councilmember Evans Councilmember Rizzi Councilmember Serdy Councilmember Waldron Councilmember Wilson (Vice Mayor Barker was absent. ) Staff Present• City Manager George Hoffman Assistant City Manager Bryant Powell City Clerk Kathleen Connelly City Attorney Joel Stern Assistant to the City Manager Matt Busby Others Present• Captain Troy Mullender REGULAR MEETING OF THE CITY COUNCIL JULY 16, 2013 PAGE 1 OF 14 i - ^I ACCEPTANCE OF CONSENT AGENDA Councilmember Waldron MOVED THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED; AND THAT RESOLUTION NO 13-29, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AUTHORIZING THE CITY OF APACHE JUNCTION TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT FOR PARTICIPATION IN THE EAST VALLEY GANG AND CRIMINAL INFORMATION FUSION CENTER, BE APPROVED. Councilmember Evans SECONDED THE MOTION AWARDS, PRESENTATIONS AND PROCLAMATIONS Mayor Insalaco read a proclamation recognizing the Lost Dutchman Monument and presented it to Dons member Councilmember Evans . ANNOUNCEMENT OF CURRENT EVENTS Councilmember Wilson announced there would be a spaghetti dinner tomorrow at Cactus Canyon Junior High School to benefit the Granite Mountain Hotshots. CITY MANAGER' S REPORT City Manager George Hoffman read a thank you note from Mark Gomez of the Apache Junction Fire District for the support of the Granite Mountain Hotshots at the Fourth of July Celebration and announced the Arizona Parks and Recreation Association has selected the Holiday Event and Light Parade as the winner of this year' s Outstanding Program, Community or Neighborhood e1 Special Event for cities with a population between 25, 000 and 100, 000 people Assistant to the City Manager Matt Busby gave a brief legislative clarification on Senate Bill 1454 . Councilmember Wilson commented there is a movement to repeal this He asked what effect there would be if this is repealed. City Clerk Kathleen Connelly stated there is a group that has formed and is circulating referendum petitions . If they are REGULAR MEETING OF THE CITY COUNCIL JULY 16, 2013 PAGE 2 OF 14 ON OmN successful in meeting the signature requirement, this bill will be put on hold until it goes before the voters in November 2014 . She does not believe there is any impact on Apache Junction one way or the other as the council had previously directed the council terms to be lengthened and our home rule election just took place Today she read there is another group that has formed to fight the first group. They are attempting to keep that measure from being referred. She thinks the city is okay. Mayor Insalaco commented on the number of signatures needed City Clerk Kathleen Connelly stated that is valid signatures and the deadline is September 12 It is a short window Councilmember Serdy commented he thinks the movement getting a lot of signatures is the one to repeal the Medicaid expansion That is actively getting signatures out here. City Attorney Joel Stern stated even if there is that challenge, by operational law based on the 2012 law, he thinks lengthening the terms had to be done under the constitution. He does not think it will do anything Apache Junction Food Bank Board of Directors Member Lori Hlavin gave a brief presentation on the food bank Councilmember Rizzi asked how often people can come in to get help Ms. Lori Hlavin stated they can come in one time during the calendar month Councilmember Rizzi commented she does not know if she is familiar with the free school lunch program She asked she let people know if they have children and added even adults can go for a reduced price. Children under 18 can eat free during the summer at local schools. PUBLIC HEARINGS APPLICATION FOR A NEW LICENSE, CORPORATION, SERIES 10 LIQUOR LICENSE FOR 99 CENTS ONLY STORE REGULAR MEETING OF THE CITY COUNCIL JULY 16, 2013 PAGE 3 OF 14 #219 City Clerk Kathleen Connelly briefed the council on the item. Mayor Insalaco requested the applicant address the council Mr. Manuel Becheid, 510 S. 0.44 Extension, Mesa, addressed the council Mayor Insalaco asked if all the stores would be doing this Mr. Manuel Becheid stated they are planning for most of the stores outside of Phoenix and here in the valley to sell liquor. Councilmember Rizzi asked what type of liquor they would be selling for ninety-nine cents. Mr. Manuel Becheid stated it would mostly be beer and wine. They may be above ninety-nine cents. They are not carrying a price point above ninety-nine cents; it will not be hard liquor It will be an off-site selling unit where you can buy the liquor there but not drink it on the site. It will be much like a grocery store. Councilmember Rizzi asked if they would be selling the mini-bottles . Mr. Manuel Becheid stated he does not know exactly what the inventory will be but it will be egiN different kinds of beers and wines They may have some bottles that sell for five dollars. They are working with a vendor in Arizona to get different kinds of merchandise Councilmember Rizzi commented she noticed they will be providing extra training for the staff. She assumed that would have to do with making sure there are no parties underage trying to buy the alcohol. Mr Manuel Becheid stated all cashiers and all associates will be going to a training class at REGULAR MEETING OF THE CITY COUNCIL JULY 16, 2013 PAGE 4 OF 14 /IS elk the University of Phoenix. They will go there to learn what kind of identification is okay to take, how to respond to an intoxicated person and when it is okay to sell and when not. Every person in the store will be going to that training class . Councilmember Rizzi asked if there would be any conflicts with the age of their employees; if OmS they had any minors working for the store. Mr. Michael Becheid stated there will be minors working in the store but they will not be allowed to sell alcohol He believes they have to be 19 to sell alcohol in Arizona as long as there is a supervisor up front. They will be adhering to that. Mayor Insalaco opened the public hearing on the item. There being no one wishing to speak, he closed the public hearing and reopened the item to council discussion. There being no further discussion, he called for a motion. Councilmember Waldron MOVED THAT THE APPLICATION FOR A NEW LICENSE, CORPORATION, SERIES 10 LIQUOR LICENSE FOR 99 CENTS ONLY STORE #219, SUBMITTED BY RANDY NATIONS, BE RECOMMENDED FOR APPROVAL TO THE ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL. Councilmember Rizzi SECONDED THE MOTION. VOTE: Unanimous The motion carried. OLD BUSINESS RESOLUTION NO. 13-30, EXPRESSING SUPPORT FOR THE SOUTHEAST ARIZONA LAND EXCHANGE AND CONSERVATION ACT, URGING THE UNITED STATES SENATE AND HOUSE OF REPRESENTATIVES TO PROMPTLY ENACT THE BILL AND RECOGNIZING RESOLUTION COPPER REGULAR MEETING OF THE CITY COUNCIL JULY 16, 2013 PAGE 5 OF 14 COMPANY FOR ITS REGIONAL ECONOMIES ) Assistant to the City Manager Matt Busby briefed the council on the item. Mayor Insalaco called for a motion. Councilmember Waldron MOVED THAT RESOLUTION NO. 13-30, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, EXPRESSING SUPPORT FOR THE SOUTHEAST ARIZONA LAND EXCHANGE AND CONSERVATION ACT, URGING THE UNITED STATES SENATE AND HOUSE OF REPRESENTATIVES TO PROMPTLY ENACT THE BILL AND RECOGNIZING RESOLUTION COPPER COMPANY FOR ITS INVESTMENTS AND EFFORTS TO DEVELOP A NEW COPPER MINE AND ENHANCE THE LOCAL, STATE AND REGIONAL ECONOMIES, WITH THE FOLLOWING AMENDMENT. THAT IN THE FIFTH PARAGRAPH WHEREAS, THAT THE WORD NEGATIVE BE STRICKEN, AND IN THE SIXTH PARAGRAPH, THAT THE PARAGRAPH END AFTER THE WORD PROJECT, BE APPROVED. Councilmember Wilson SECONDED THE MOTION VOTE• Unanimous. The motion carried NEW BUSINESS APPOINTMENT TO FILL THE VACANCY ON HEALTH AND HUMAN SERVICES COMMISSION ) Mayor Insalaco called for a motion. Councilmember Waldron MOVED THAT GEORGIANA ELIAS BE APPOINTED TO THE HEALTH AND HUMAN SERVICES COMMISSION FOR A TERM TO EXPIRE OCTOBER 31, 2014 . Councilmember Evans SECONDED THE MOTION VOTE• 4-2 (Councilmembers Serdy and Rizzi voted in opposition. ) REGULAR MEETING OF THE CITY COUNCIL JULY 16, 2013 PAGE 6 OF 14 eN The motion carried. APPOINTMENT TO FILL THE VACANCY ON THE PLANNING AND ZONING COMMISSION ) Mayor Insalaco commented the interviews were on July 15 and the appointment expires on October 31, 2014 . He called for a motion OIN Councilmember Waldron MOVED THAT PETER HECK BE NOMINATED TO THE PLANNING AND ZONING COMMISSION FOR A TERM TO EXPIRE OCTOBER 14, 2014 . (Current vacancy expires October 31, 2014 . ) Councilmember Evans SECONDED THE MOTION. Councilmember Wilson MOVED THAT ROBERT SCHROEDER BE NOMINATED. Councilmember Serdy SECONDED THE MOTION. VOTE ON PETER HECK• 4-2* (During the vote, Councilmember Rizzi explained her vote as it not being that Peter would not do a wonderful job, it is because there is a vacancy on the sewer board and she thinks he would be an awesome candidate for that. For that reason only her vote is no. ) (*Due to interfering noises from the audience, the city clerk eN was unable to get a clear count of the vote and requested to go through it again VOTE: 3-3 (Councilmembers Serdy, Wilson and Rizzi voted in opposition) Councilmember Serdy asked if this is a new vote. City Clerk Kathleen Connelly advised she was asking him to repeat his previous vote unless he wants to change his mind. REGULAR MEETING OF THE CITY COUNCIL JULY 16, 2013 PAGE 7 OF 14 /^ Councilmember Serdy commented that for the same reasons he is going to say no. City Clerk Kathleen Connelly stated that is what he said previously. Councilmember Serdy commented it was not. 011 Mayor Insalaco commented he said yes the first time. Councilmember Serdy commented now they do have a tie. City Clerk Kathleen Connelly apologized and stated she had him down as a no previously ) Councilmember Wilson asked if they would be discussing this further. City Clerk Kathleen Connelly stated they still have a motion on the floor. They need to dispose of that first. This is for Mr. Schroeder VOTE• 3-3 (Councilmembers Evans and Waldron and Mayor Insalaco voted in opposition. ) Councilmember Wilson asked what the process is now. City Clerk Kathleen Connelly stated they can continue to make motions . City Attorney Joel Stern 1111 stated they can talk about it. Councilmember Rizzi asked if they can have discussions. City Attorney Joel Stern stated absolutely. They could make another motion. Councilmember Serdy asked if they could talk about it REGULAR MEETING OF THE CITY COUNCIL JULY 16, 2013 PAGE 8 OF 14 eiN City Attorney Joel Stern stated absolutely Councilmember Rizzi commented she wanted to explain her vote. Mr. Schroeder had attended the Citizens Leadership Institute, he had been attending the planning and zoning commission meetings for a long time and he had only put in for that board. They have a vacancy on the sewer board and they know what a struggle there has been for that board. She really believes Mr Heck, who had put in for the sewer board, would be a wonderful candidate for that position. Mayor Insalaco commented he has reason to believe that Mr. Heck would rather be on the planning and zoning commission. Councilmember Waldron commented the reason he nominated Mr Heck is because he thinks a business influence on the planning and zoning commission would be good. He knows there are people who are in business but Mr. Heck has been in business for many years, he has a very viable business here and he thinks that type of positive influence on the planning and zoning commission would be good. Councilmember Serdy commented he liked all three candidates; all three are strong candidates. All three are business owners His reason for not nominating Jeff Struble is because he is already on several boards. He obviously likes them all because he voted for both of them. ''_' Councilmember Wilson commented he agreed wholeheartedly. One of the things he definitely thinks they need is a strong person on the sewer board He thinks Mr Heck would be a great person for the sewer board. He knows he has expressed an interest in it. Mayor Insalaco commented the interest has changed. Councilmember Wilson commented his interest has changed. REGULAR MEETING OF THE CITY COUNCIL JULY 16, 2013 PAGE 9 OF 14 /14\ Mayor Insalaco stated that is correct. There was general discussion as to if they could ask Mr. Heck if his interest had changed City Attorney Joel Stern advised they could not ask him at this time since it is not on the agenda. eiN Councilmember Serdy asked if there is a conflict to be on both of those boards. City Attorney Joel Stern stated there is a compatibility of office question. It is a different entity. Unless something comes up before the sewer board that would come up before planning and zoning, such as a zoning issue recently that involved a change in the zoning regarding a buffer zone, if that came to the planning and zoning commission then someone on the sewer board and planning and zoning commission would have to step off and not vote on that one. Other than that, he does not think there is a compatibility of office issue legally. The other issue is if they feel they want to have a board member on both. Councilmember Rizzi commented they are not allowed to interview the candidate again. City Clerk Kathleen Connelly stated not tonight. Councilmember Rizzi asked if they could have him blink once for yes and twice for no. Mayor Insalaco commented they could not . City Attorney Joel Stern stated the agenda states interviews were conducted, past tense. The only way to do this would be to continue it, if they want to continue it for another night. Then they could interview the applicants, and he believes they should interview all of them again. REGULAR MEETING OF THE CITY COUNCIL JULY 16, 2013 PAGE 10 OF 14 ON /N Councilmember Waldron commented they also have a very strong candidate outside of Mr. Heck for the sewer district. Mayor Insalaco commented that is not on this agenda. City Attorney Joel Stern stated that is correct. Mayor Insalaco asked if they could try a vote one more time, if that was possible City Clerk Kathleen Connelly stated whatever they wish to do. Councilmember Waldron MOVED THAT PETER HECK BE NOMINATED TO THE PLANNING AND ZONING COMMISSION FOR A TERM TO EXPIRE OCTOBER 14, 2014 (Current vacancy expires on October 31, 2014 ) Councilmember Evans SECONDED THE MOTION Councilmember Wilson MOVED TO NOMINATE ROBERT SCHROEDER Councilmember Rizzi SECONDED THE MOTION. City Clerk Kathleen Connelly stated the vote would be for the first one, Mr. Heck. VOTE: 4-2 (Councilmembers Wilson and Rizzi voted in opposition. ) Councilmember Wilson commented during the vote that he had explained his reason for voting on the previous vote and he would like to see Mr Heck on the sewer board. Councilmember Rizzi commented for the same reason she is voting no REGULAR MEETING OF THE CITY COUNCIL JULY 16, 2013 PAGE 11 OF 14 e1 ems Councilmember Serdy commented he would like there to be more vacancies as he would like them both on there. He does not want to go through the effort of having them come back so he voted yes. The motion carried. APPOINTMENT TO FILL A BOARD MEMBER �► VACANCY ON THE MUNICIPAL PROPERTY CORPORATION BOARD Mayor Insalaco called for a motion. Councilmember Waldron MOVED LUCIANO BUZZIN BE APPOINTED TO THE MUNICIPAL PROPERTY CORPORATION FOR A TERM TO EXPIRE OCTOBER 31, 2013. Councilmember Evans SECONDED THE MOTION VOTE* Unanimous. The motion carried. DIRECTION TO STAFF None SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES Councilmember Waldron MOVED THAT AN EXECUTIVE SESSION AT 5. 45 P M. AND A WORK SESSION AT elA 7 .00 P M. BE HELD ON MONDAY, AUGUST 5, 2013, IN THE CITY COUNCIL CONFERENCE ROOM AND CITY COUNCIL CHAMBERS RESPECTIVELY, AND THAT AN EXECUTIVE SESSION AT 5. 45 P M BE HELD ON TUESDAY, AUGUST 6, 2013, IN THE CITY COUNCIL CONFERENCE ROOM Councilmember Evans SECONDED THE MOTION. VOTE. Unanimous. REGULAR MEETING OF THE CITY COUNCIL JULY 16, 2013 PAGE 12 OF 14 0111% elk The motion carried. CALL TO THE PUBLIC• Ms. Tess Nesser, 1511 S. Cactus, Apache Junction, addressed the council regarding the annual Bowl-A-Thon for the Boys and Girls Club on Saturday, August 10th. ADJOURNMENT Mayor Insalaco adjourned the meeting at 7 . 42 p.m. Consent Agenda Items are as follows : 1 . Acceptance of Agenda 2 Approval of Minutes of Special Meeting of July 1, 2013. 3. Approval of Minutes of Regular Meeting of July 2, 2013 4 . Consideration of Resolution No 13-29, authorizing the mayor to execute Amendment No 1 to the East Valley Gang and Criminal Information Center Intergovernmental Agreement and authorizing the chief of police to execute the Memorandum of Understanding regarding access to Mesa Police Department' s Law Enforcement Coplink Information Sharing System. ACCEPTED THIS 6TH DAY OF AUGUST, 2013, BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA SIGNED AND ATTESTED TO THIS 6TH DAY OF AUGUST, 2013 JOHN S INSALACO Mayor REGULAR MEETING OF THE CITY COUNCIL JULY 16, 2013 PAGE 13 OF 14 ATTEST• KATHLEEN CONNELLY City Clerk CITY COUNCIL MINUTES CERTIFICATION I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the regular meeting of the City Council of the City of Apache Junction, Arizona, held on the 16th day of July, 2013 . I further certify that the meeting was duly called and held and that a quorum was present. Dated this 22nd day of July, 2013. KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL JULY 16, 2013 PAGE 14 OF 14 City of Apache Junction, Arizona 300E Superstition Boulevard ` ! "t AgendaApache Junction,AZ 85119 Item Cover Sheet Agenda Item No.3. rh1 File ID: 13-198 Sponsor Shane Kiesow Agenda Date 8/6/2013 Index Budgetary Item In Control City Council Meeting r. Consideration of approval on the award of contract to Sunland Asphalt for street maintenance work in partial fulfillment of fiscal year's 2013-2014 Street Maintenance Plan in an amount not to exceed $1,448,593 20 The work would be completed through the Cooperative Purchasing Network Contract#R5225 Consideration and action Attachments• SunlandAgreementStrMtnAug2013 pdf City of Apache Junction,Arizona Page 1 Printed on 7/29/2013 CITY OF APACHE JUNCTION AGREEMENT FOR MATERIALS AND LABOR WITH SUNLAND ASPHALT FOR PROJECT NUMBERS: PW 2013-08 "16th AVENUE AND SUPERSTITION VILLA SUBDIVISION OVERLAY," AND PW 2013-09 "APACHE VILLA SUBDIVISION SLURRY SEAL/OVERLAY" THIS AGREEMENT made and entered into by and between the CITY OF APACHE JUNCTION ("City"), an Arizona municipal corporation, and SUNLAND ASPHALT, an Arizona corporation ("Contractor"), hereinafter collectively referred to as the "Parties", or individually as "Party" RECITALS A Contractor asserts its willingness, ability and qualifications to provide the work and service called for in The Cooperative Purchasing Network (hereinafter "TCPN") Contract#R5225, in which Contractor asserts its willingness, ability and qualifications to provide this work and service. B City and Contractor desire to set forth herein their respective responsibilities and the manner and terms upon which Contractor shall render the services C. City has complied with the public bidding requirements under Arizona Revised Statute Title 34 and Apache Junction City Code ("AJC C.")Article 3-7, Procurement Procedure. AGREEMENT NOW, THEREFORE, City retains Contractor to perform, and Contractor agrees to render the services in accordance with the terms and conditions set forth as follows. 1 PROJECT DESCRIPTION Contractor shall do and perform or cause to be done and performed in a good workmanlike manner, the work in accordance with and as more fully described in TCPN Contract#R5225 and Contractor's cost proposals 52371 (Attachment A, project PW 2013-08) and 52404 (Attachment B, project 2013-09) 2 PAYMENT & COMPLETION' Prices shall be governed under TCPN Contract #R5225 for the performance of the work under the contract documents with the total amount not to exceed $1,316,903 20 for both projects PW 2013-08 and PW 2013-09 except for changes authorized by properly executed change orders. All contracts will be operable for their full term at the rates quoted in the initial cost proposals, unless otherwise extended in writing by the City. Upon notice that the work is ready for final inspection or acceptance, City representative shall promptly cause to be made an inspection When City finds the work acceptable under the contract documents, City shall promptly submit for processing payment stating that to the best of their knowledge, information and belief and on the basis of its observation and inspection, the work has been completed in accordance with the terms and conditions of the contract documents and that partial payment or the entire balance due the Contractor is payable No final payment shall become due until the Contractor submits to the all required lien waivers, releases and any other data establishing payment or satisfaction of all Contractor's obligations If any Subcontractor refuses to furnish a release or waiver required by City, Contractor may furnish a bond satisfactory to the owner to indemnify City against any such lien If any such lien remains unsatisfied after all payments are made, Contractor shall refund to City all monies that the latter may be compelled to pay in discharging such liens, including all costs and reasonable attorneys fees 1 3 CONTRACT TERM. The Term of this Contract shall be performed from August 7, 2013 through June 30, 2014 Renewals shall only be allowed as mutually agreed upon in writing by the Parties 4 LABOR AND MATERIALS. Unless otherwise provided in the contract documents, Contractor shall provide, pay and insure under the requisite laws and regulations for all labor, materials, equipment, tools and machinery, utilities, transportation, other facilities and services necessary for the proper execution and completion of the work whether temporary or permanent, and whether or not incorporated or to be incorporated in the work 5 TAXES Contractor shall pay all license, sales, consumer, use and other similar taxes for the work or portions thereof provided by Contractor which are legally enacted at the time bids are received whether or not yet effective or subsequently applicable due to acts of jurisdictions or bodies other than City. 6. PERMITS & FEES Unless otherwise provided in the contract documents, Contractor shall secure and pay for all permits, governmental fees, licenses and inspections necessary for the proper execution and completion of work which are customarily secured after execution of the contract and which are legally required. Contractor shall give all notices and comply with all laws, ordinances, rules, regulations and lawful orders of any public authority bearing on the performance of the work Contractor understands that the activity described herein constitutes "doing business in the City of Apache Junction" and Contractor agrees to obtain a privilege tax license pursuant to Article 8-2 of the Apache Junction City Code and keep such license current during the term of this Agreement 7 INDEPENDENT CONTRACTOR Contractor shall at all times during Contractor's performance of the services retain Contractor's status as an independent Contractor. Contractor's employees shall under no circumstances be considered or held to be employees or agents of City, and City shall have no obligation to pay or withhold state or federal taxes, or provide workers compensation or unemployment insurance for or on behalf of them or Contractor Contractor shall supervise and direct the delivery of the materials using its best skill and attention. Except as provided in this Agreement, Contractor shall be solely responsible for all means, methods, techniques, sequences and procedures, and for coordinating all portions of the work required by the contract documents Contractor shall be responsible to City for the acts and omissions of its employees 8 INDEMNIFICATION To the fullest extent permitted by law, Contractor shall defend, indemnify and hold harmless City, its elected and appointed officers, officials, agents, and employees from and against any and all liability including but not limited to demands, claims, actions, fees, costs and expenses, including attorney and expert witness fees, arising from or connected with or alleged to have arisen from or connected with, relating to, arising out of, or alleged to have resulted from the acts, errors, mistakes, omissions, work or services of Contractor, its agents, employees, or any tier of Contractor's subcontractors in the performance of this Agreement Contractor's duty to defend, hold harmless and indemnify City, its Special Districts, elected and appointed officers, officials, agents, and employees shall arise in connection with any tortious claim, damage, loss or expense that is attributable to bodily injury, sickness, disease, death, or injury to, impairment, or destruction of property including loss of use • resulting therefrom, caused by an Contractor's acts, errors, mistakes, omissions, work or services in the performance of this Agreement including any employee of Contractor, any tier of Contractor's subcontractor or any other person for whose acts, errors, mistakes, omissions, work or services Contractor may be legally liable. • • 9. ENFORCED DELAYS (FORCE MAJEURE). Neither City nor Contractor, as the case may be, shall be considered not to have performed its obligations under this Agreement in the event of enforced delay (an "Enforced Delay") due to causes beyond its control and without •• its fault or negligence or failure to comply with Applicable Laws, including, but not restricted to, acts of God, fires,floods, epidemics, pandemics, quarantine, restrictions, embargoes, labor disputes, and unusually severe weather or the delays of subconsultants or matenalmen due to such causes, acts of a public enemy, war, terrorism or act of terror(including but not limited to bio-terrorism or eco-terrorism), nuclear radiation, blockade, insurrection, riot, labor strike or interruption, extortion, sabotage, or similar occurrence or any exercise of the power of eminent domain of any governmental body on behalf of any public entity, or a declaration of moratorium or similar hiatus (whether permanent or temporary) by any public entity directly affecting the Project In no event will Enforced Delay include any delay resulting from unavailability for any reason of labor shortages, or the unavailability for any reason of particular consultants, subconsultants, vendors or investors desired by Contractor in connection with the Project. Contractor agrees that Contractor alone will bear all risks of delay which are not Enforced Delay In the event of the occurrence of any such Enforced Delay, the time or times for performance of the obligations of the Party claiming delay shall be extended for a period of the Enforced Delay; provided, however, that the Party seeking the benefit of the provisions of this Section shall, within thirty(30) calendar days after such Party knows or should know of any such Enforced Delay, first notify the other Party of the specific delay in writing and claim the right to an extension for the period of the Enforced Delay; and provided further that in no event shall a period of Enforced Delay exceed ninety(90) calendar days. 10. GOVERNING LAW AND VENUE The terms and conditions of this Agreement shall be governed by and interpreted in accordance with the laws of the State of Arizona. Any action at law or in equity brought by either Party for the purpose of enforcing a right or rights provided for in this Agreement, shall be tried in a court of competent jurisdiction in Pinal County, State of Arizona The Parties hereby waive all provisions of law providing for a change of venue in such proceeding to any other county. In the event either Party shall bring suit to enforce any terms of this Agreement or to recover any damages for and on account of the breach of any term or condition in this Agreement, it is mutually agreed that the prevailing Party in such action shall recover all costs including reasonable attorney fees to be determined by the court in such action. 11. INSURANCE: Contractor, at its own expense, shall purchase and maintain the minimum insurance and other additional requirements set forth herein. Ail insurance required herein shall be maintained in full force and effect until all work or service required to be performed under the terms of the Agreement is satisfactorily completed and formally accepted, failure to do so may, at the sole discretion of the City constitute a material breach of this Agreement. Contractor's insurance shall be primary insurance as respect to City, and any insurance or self- insurance maintained by City shall not contribute to it. Any failure to comply with the claim reporting provisions of the insurance policies or any breach of an insurance policy warranty shall not affect coverage afforded under the insurance policies to protect City The insurance policies, except Workers Compensation, shall contain waiver of transfer rights of recovery(subrogation) against City, its agents, officers, officials and employees for any claims arising out of Contractor's acts, errors, mistakes, omissions, work or services The insurance policies may provide coverage which contains deductibles or self-insured retentions. Such deductible and/or self-insured retentions shall not be applicable with respect to the coverage provided to City under such policies Contractor shall be solely responsible for the deductible and/or self-insured retention and City, at its option, may require Contractor to secure payment of such deductibles or self-insured retentions by a Surety Bond or an irrevocable and unconditional letter of credit 3 City reserves the right to request and to receive within ten (10) working days, certified copies of any or all of the herein required insurance policies and/or endorsements. City shall not be obligated, however, to review same or to advise Contractor of any deficiencies in such policies and endorsements, and such receipt shall not relieve Contractor from, or be deemed a waiver of City's right to insist on strict fulfillment of Contractor's obligations under this Agreement. The insurance policies, except Workers Compensation, required by this Agreement, shall name City, its agent, officers, officials and employees as additional insured parties. ,... REQUIRED COVERAGE Commercial General Liability Contractor shall maintain Commercial General Liability insurance with a limit of not less than $1,000,000 for each occurrence with a $2,000,000 Products/Completed Operations Aggregate and a $2,000,000 General Aggregate Limit. The policy shall include coverage for bodily injury, broad form property damage, personal injury, products and completed operations and blanket contractual coverage including, but not limited to, the liability assumed under the indemnification provisions of this Agreement which coverage will be at least as broad as Insurance Service Office, Inc. Policy Form CG 00011-93 or any replacement thereof In addition, automobile liability coverage of at least $1,000,000 per occurrence or a combined single limit of at least $1,000,000 is required. The auto liability policy should contain endorsements for hired autos, non-owned autos and scheduled vehicles, as applicable to the Contractor's business. Such policy shall contain a severability of interest provision, and shall not contain a sunset provision or commutation clause, nor any provision which would serve to limit third party action over claims The Commercial General Liability additional insured endorsement shall be at least as broad as the Insurance Service Office Inc's Additional Insured, Form CG 20101185, and shall include coverage for Contractor's operations and products and completed operations If required by this Agreement, if Contractor sublets any part of the work, services or operations, Contractor shall purchase and maintain, at all times during prosecution of the work, services or operations under this Agreement, City and Contractor's Protective Liability insurance policy for �.. bodily injury and property damage, including death, which may arise in the prosecution of the Contractor's work, service or operations under this Contract. Coverage shall be on an occurrence basis with a limit not less than $1,000,000 per occurrence, and the policy shall be issued by the same insurance company that issues Contractor's General Liability insurance. Workers Compensation (Not Applicable to Sole Proprietorships): Contractor shall carry Workers Compensation insurance to cover obligations imposed by federal and state statutes having jurisdiction of Contractor's employees engaged in the performance of the work or services, and Employer's Liability insurance of not less than $100,000 for each accident, $100,000 disease for each employee, and $500,000 disease policy limit In case any work is subcontracted, Contractor will require subcontractor to provide Workers Compensation and Employer's Liability to at least the same extent as required of Contractor. CERTIFICATE OF INSURANCE Prior to commencing work or services under this Agreement, Contractor shall furnish the City with Certificates of Insurance, or formal endorsements as required by Agreement, issued by Contractor's insurer(s), as evidence that policies providing the required coverages, conditions and limits required by this Agreement are in full force and effect. 4 In the event any insurance policies required by this Agreement are written on a "claims made" basis, coverage shall extend for two (2) years past completion and acceptance of the Contractor's work or services and as evidenced by annual Certificates of Insurance, to be filed with the City Clerk of City If a policy does expire during the life of the Agreement, a renewal certificate must be sent to City thirty(30) calendar days prior to the expiration date All Certificates of Insurance shall be identified with bid serial number and title. Insurance required herein shall not expire, be canceled, or materially changed without thirty (30) calendar days' prior written notice to City 12 SUCCESSORS &ASSIGNS. City and Contractor each bind themselves, their partners, successors, assigns and legal representatives to the other Party hereto and to the partners, successors, assigns and legal representatives of such other Party in respect to all covenants, agreements and obligations contained in the contract documents Neither Party to the contract shall assign the contract or sublet it as a whole without the written consent of the other, nor shall the Contractor assign any monies due or to become due to or to become due to it without the previous written consent of City 13 WRITTEN NOTICE. Written notice shall be deemed to have been duly served if delivered in person to the individual or member of the firm or entity, or to an office of the corporation for whom it was intended or if delivered at or sent registered or certified mail, return receipt requested, and first class postage prepaid to the last business address known to them who gives the notice. 14. SAFETY Contractor and/or its subcontractors shall be solely responsible for job safety at all times. 15 RIGHTS & REMEDIES. The duties and obligations imposed by the contract documents and the rights and remedies available hereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law No action or failure to act by City or Contractor shall constitute a waiver of any right or duty afforded any of them under the contract, nor shall any action or failure to act constitute an approval of or an acquiescence to any breaches hereunder except as may be specifically agreed to in writing 16 TERMINATION OF CONTRACT lf, for any reason, the Contractor shall fail to fulfill in a timely and proper manner its obligations under the contract, or if the Contractor shall violate any of the covenants, agreements, or stipulations of the contract, the City shall thereupon have the right to terminate the contract by giving written notice to the Contractor of such termination and specifying the effective date thereof. Notwithstanding the above,the Contractor shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of the contract by the Contractor The City may terminate the contract at any time by giving at least twenty-four(24) hours notice in writing to the Contractor. If the contract is terminated by the City as provided herein,the Contractor will be paid for the time expended and expenses incurred up to the termination date The Contractor may terminate this Agreement should the City fail to pay the Contractor any amount due and owing upon fourteen (14) calendar days written prior notice of intent to terminate 17 APPEALS. All contractual grievances shall be submitted in writing to the City 5 Amok Manager within five (5) calendar days after the difference of opinion or grievance occurs relating to any of the provisions of the terms of this Agreement. Within five (5) calendar days of receiving a written grievance, the City Manager shall respond in wnting to the company The City Manager's decision shall be final and binding, subject only to a further appeal in the Pinal County Superior Court pursuant to A.R,S § 12-901, et seq 18 RECORDS' Records of Contractor's labor, payroll and other costs pertaining to this Agreement shall be kept on a generally recognized accounting basis and made available to City for inspection on request Contractor shall maintain records for a period of at least three (3) calendar years after termination of this Agreement, and shall make such records available during that retention period for examination or audit by City personnel during regular business hours 19. AMENDMENT It is mutually understood and agreed that no alteration or variation of the terms and conditions of this Agreement shall be valid unless made in writing and signed by the parties hereto, and that oral understandings or agreements not incorporated herein shall not be binding on the Parties 20 SEVERABILITY' City and Contractor each believe that the execution, delivery and performance of this Agreement are in compliance with all applicable laws However, in the unlikely event that any provision of this Agreement is declared void or unenforceable (or is construed as requiring City to do any act in violation of any applicable laws, including any constitutional provision, law, regulation, or City Code), such provision shall be deemed severed from this Agreement and this Agreement shall otherwise remain in full force and effect, provided that this Agreement shall retroactively be deemed reformed to the extent reasonably possible in such a manner so that the reformed agreement (and any related agreements effective as of the same date) provide essentially the same rights and benefits (economic and otherwise) to the Parties as if such severance and reformation were not required Unless prohibited by applicable laws, the Parties further shall perform all acts and execute, acknowledge and/or deliver all amendments, instruments and consents necessary to accomplish and to give effect to the purposes of this Agreement, as reformed 21 CONFLICT OF INTEREST' The provisions of A R S § 38-511 relating to cancellation of contracts due to conflicts of interest shall apply to this contract 22 COMPLIANCE WITH FEDERAL AND STATE LAWS The Contractor understands ... and acknowledges the applicability to it of the American with Disabilities Act,the Immigration Reform and Control Act of 1986 and the Drug Free Workplace Act of 1989 The following is only applicable to construction contracts' The contractor must also comply with A.R.S. § 34-301, "Employment of Aliens on Public Works Prohibited", and A.R.S. § 34-302, as amended, "Residence Requirements for Employees" Under the provisions of A R S §41-4401, Contractor hereby warrants to the City that the Contractor and each of its subcontractors ("Subcontractors")will comply with, and are contractually obligated to comply with, all Federal immigration laws and regulations that relate to their employees and A R S §23-214(A) (hereinafter"Contractor Immigration Warranty"). A breach of the Contractor immigration Warranty shall constitute a material breach of this Contract and shall subject the Contractor to penalties up to and including termination of this Contract at the sole discretion of the City The City retains the legal right to inspect the papers of any Contractor or Subcontractor's employee who works on this Contract to ensure that the Contractor or Subcontractor is complying with the Contractor Immigration Warranty Contractor agrees to assist the City in regard to any such inspections 6 The City may, at its sole discretion, conduct random verification of the employment records of the Contractor and any of Subcontractors to ensure compliance with Contractor's Immigration Warranty Contractor agrees to assist the City in regard to any random verifications performed Neither the Contractor nor any of Subcontractors shall be deemed to have materially breached the Contractor Immigration Warranty if the Contractor or Subcontractor establishes that it has complied with the employment verification provisions prescribed by sections 274A and 274B of the Federal Immigration and Nationality Act and the E-Verify requirements prescribed by A R S § 23-214, Subsection A. The provisions of this Article must be included in any contract the Contractor enters into with any and all of its Subcontractors who provide services under this Contract or any subcontract "Services" are defined as furnishing labor, time or effort in the State of Arizona by a contractor or subcontractor Services include construction or maintenance of any structure, building or transportation facility or improvement to real property 7 Auk Amok IN WITNESS WHEREOF the Parties hereto have caused this Agreement to be signed by their duly authorized representative as of this day of , 2013 Contractor SUNLAND ASPHALT By P� `' MA7TJONNSOA1 Title DIV+St tit MANRGG--"R , PUFSLie. woie-rc.S CITY OF APACHE JUNCTION an Arizona municipal corporation By. John S lnsalaco Title. Mayor ATTEST Kathleen Connelly City Clerk APPROVED AS TO FORM Richard J. Stern City Attorney 8 Attachment"A" Contractor's License Numbers LA N n 775 W Elwood St AZROC-111922-CLA ASPHALT �•L Phoenix,AZ 85041 AZROC-095189 C13 0'(602)323-2800 NV-49496 Limit$5,000,000 F•(602)680-1332 CA-781952-C12 Phoenix-Tucson-Las Vegas-Bullhead City-Albuquerque www sunlandasphall.com C6 74079 PROPOSAL PROPOSAL Client: Contact. Job: Date Written :6/13/2013 City of Apache Junction Shane Klesow Superstition Villa Nova Chip Proposal Number :52371 300 Superstition Blvd 0 (480)474-8516 San Marcos T-Llne Number .UJ9A000X8D ,... Apache Junction,AZ 85219 F'(480)982-8005 Apache Junction,AZ 85120 Project Consultant:Craig Weems We propose to furnish ail labor,material,and equipment necessary to complete the work as outlined below in accordance with the plans and specifications submitted herewith,to wit: BID IN ACCORDANCE WITH THE COOPERATIVE PURCHASING NETWORK(TCPN) CONTRACT 1/R5225 AWARDED OCT 2012 UNIT PRICE BREAK DOWNS ARE AS FOLLOWS-ZONE SW-2 ASTERISKS INDICATE AUTHORIZED UNIT PRICE REDUCTIONS PER RFB TCPN CERTIFIED PROPOSAL NUMBER R5225-AZ-CITYOFAPACHEJUNCTiON-113 REMOVE AND REPLACE ASPHALT(SPOT REPAIRS) 32-130 Make necessary sawcuts SAWCUT MOBILIZATION 1 LS @$115 00= $115.00 SAWCUT ASPHALT AT 3" 600 LF @$1 56= $780.00 19-500 Remove approx 3,600 square feet of failed asphalt to a depth of 3" Compact existing base end pave with 3"of 1/2"asphaltic surface course Note The depth of the existing asphalt Is only an estimate Additional depth may require additional charges. The removal of the asphalt has been bid for that function alone and does not Include excavation of the base or subbase If at the lime of the removal It Is determined that contamination of water has weakened either the base or the subbase,additional charges would be negotiated to correct the unforeseen problem. If upon the removal of the asphalt,It Is found that structures exist below the asphalt such as concrete footings,abandoned pipes,metal supports,etc.,an additional charge would be negotiated to remove these obstructions If they would Impede or prohibit grade consistencies. • REMOVE AND REPLACE MOBILIZATION 1 LS 'a$582.00= $582.00 ' REMOVE AND REPLACE ASPHALT AT 3" 3,600 SF @$2.00= $7,200.00 TRUCKING FOR ASPHALT 6 HRS @$100.00= 5600.00 Sub Total• $9,277.0t PNL 4402 County Tax: 464.31 APP 4442 City Tax' 132.66 Total $9,873.97 MILL EXISTING ASPHALT 32-230 Provide barricading as necessary UNSPECIFIED PRODUCTS/SERVICES-BARRICADE SUB 1 LS @$3,580 00= $3,680,00 18.100 Mlll out existing asphalt on approx 105,000 square yards at a depth of 1"and haul debris to Apache Junction yard ' MILLING MOBILIZATION 1 LS @$1,026.00= $1,026.00 MILL OUT ASPHALT AT 1" 105,000 SY @$0.61- $53,660.00 TRUCKING-HAUL TO AJ YARD 262 HRS @$100.00 $25,200.00 18-100 Sweep and clean asphalt surface SWEEP AND CLEAN ASPHALT SURFACE 945,000 SF @$0.008. $7,660.00 Page 1 Initial Am. Attachment"A" Contractor's License Numbers U N LA N Q_ 775 W Elwood St AZROC-111922-CLA A 6 P H A LT Phoenix,AZ 85041 AZROC-095189-C13 O (602)323-2800 NV-49496 Limit 55,000,000 F:(602)680-1332 CA-781952-C12 Phoenix-Tucson-Las Vegas Bullhead Cily-Albuquerque www.sunlandasphalt.com C5 74079 PROPOSAL PROPOSAL Client. Contact Job: Date Written :5/13/2013 City of Apache Junction Shane Kiesow Superstition Villa Nova Chlp Proposal Number :52371 300 Superstition Blvd 0:(480)474-8516 San Marcos T-Line Number •UJ9A000X8D Apache Junction,AZ 85219 F.(480)982-8005 Apache Junction,AZ 85120 P Project Consultant:Craig Weems 32-300 Adjust utilities es necessary. LOWER UTILITIES 25 EA @$270.00= $6,750.00 •RAISE UTILITIES 25 EA @$270.00= 56,760.00 Sub Total S104,416.00 PNL 4402 County Tax. 5,226.02 APP 4442 City Tex: 1,49315 Total• $111,13517 NOVA CHIP RESIDENTIAL STREETS AT 1 25" 01-110 Provide up to 75 hours of project managment Including travel lime,meetings,paperwork and billings. ADD'L LABOR HRS-PROJECT MANAGMENT 75 HRS @$77.25= $5,793 75 32-230 Provide barricading as necessary UNSPECIFIED PRODUCTS/SERVICES-BARRICADE SUB 1 LS @$7,605 00= 57,605.00 33-600 Install the Novachip wearing course system to approx.946,000 square feet The Novachip system consists of the application of a Novabond stress absorbing membrane at the rate of.22 gallons per sq.yrd,followed by the Installation of the Novachip wearing course. • ULTRA THIN BONDED WEARING COURSE MOBILIZATION(NOVA CHIP) 1 LS @$3,062 25= $3,062 25 ' ULTRA THIN BONDED WEARING COURSE(NOVA CHIP) 945,000 SF @$0.858= $810,810.00 32-100 Provide testing sub UNSPECIFIED PRODUCTS/SERVICES-TESTING SUB 1 LS @$3,580.00= $3,580.00 Sub Total $830,851.00 PNL 4402 County Tax. 41,684.09 APP 4442 City Tax. 11,881.17 Total• $884,316.26 City terms govern Attachment"B" Contractor's License Numbers 776 W Elwood Si AZROC-111922-CLA ASPHALT �-L Phoenix,AZ 85041 AZROC-095189-C13 O.(602)323-2800 NV-49496 Limit$5,000,000 F (602)680-1332 CA-781952-C12 Phoenix-Tucson-Las Vegas-Bullhead City-Albuquerque www.sunlandasphalt.com C5 74079 PROPOSAL PROPOSAL Client: Contact: Job: Date Written :6/14/2013 City of Apache Junction Shane Klesow 2013 Residential Slurry Seal Proposal Number :62404 300 Superstition Blvd Cr(480)474-8616 16th Ave and Ironwood T-Line Number :UJ9A000XSD „dor Apache Junction,AZ 85219 F.(480)982-8005 Apache Junction,AZ 85120 Protect Consultant.Craig Weems We propose to furnish all labor,material,and equipment necessary to complete the work as outlined below In accordance with the plans and specifications submitted herewith,to wit' BID IN ACCORDANCE WITH THE COOPERATIVE PURCHASING NETWORK(TCPN) CONTRACT#R6226 AWARDED OCT 2012 UNIT PRICE BREAK DOWNS ARE AS FOLLOWS-ZONE SW-2 ASTERISKS INDICATE AUTHORIZED UNIT PRICE REDUCTIONS PER RFB TCPN CERTIFIED PROPOSAL NUMBER R5226-AZ-CITYOFAPACHEJUNCTION-115 REMOVE AND REPLACE ASPHALT(SPOT REPAIRS) 32-130 Make necessary sawcuts • SAWCUT MOBILIZATION 1 LS @$115.00= $115.00 SAWCUT ASPHALT AT 3" 700 LF @$1 56= $1,092.00 19-500 Remove approx 10,620 square feet of failed asphalt to a depth of 3" Compact existing base and pave with 3"of 1/2"asphaltic surface course. Note: The depth of the existing asphalt is only an estimate. Additional depth may require additional charges The removal of the asphalt has been bid for that function alone and does not Include excavation of the base or subbase. If at the time of the removal II is determined that contamination of water has weakened either the base or the subbase,additional charges would be negotiated to correct the unforeseen problem If upon the removal of the asphalt,it Is found that structures exist below the asphalt such as concrete footings,abandoned pipes,metal supports,etc.,an additional charge would be negotiated to remove these obstructions If they would Impede or prohibit grade consistencies ' REMOVE AND REPLACE MOBILIZATION 1 LS @$564.20= $664 20 • REMOVE AND REPLACE ASPHALT AT 3" 10,620 SF @$1 79= $19,009.80 TRUCKING FOR ASPHALT 15 HRS @$100.00= $1,500 00 Sub Total $22,281 0AIN PNL 4402 County Tax' 1,11516 APP 4442 City Tax 318.62 Total 623,714.78 SLURRY SEAL 01-110 Provide up to 60 hours of project managment including travel time,meetings,paperwork and billings ADD'L LABOR HRS-PROJECT MANAGMENT 60 HRS @$77,25= $4,636.00 32-230 Provide barricading es necessary UNSPECIFIED PRODUCTS/SERVICES-BARRICADE SUB 1 LS @$12,778.00= $12,778.00 32.186 Sweep and clean asphalt surface * SWEEP AND CLEAN ASPHALT SURFACE 760,500 SF @$0.01= $7,606.00 Page 1 Initial Attachment"B" Contractor's License Numbers _S U N LA N/"� 775 W Elwood St AZROC-111922 CLA ASPHALT L.� Phoenix,AZ 85041 AZROC-095189 C13 O.(602)323-2800 NV-49496 Limit$5,000,000 F:(602)680-1332 CA-781952-C12 Phoenix-Tucson-Las Vegas-Bullhead City-Albuquerque www.sunlandasphalt.corn C5 74079 PROPOSAL PROPOSAL Client: Contact: Job: Date Written .5/14/2013 City of Apache Junction Shane I(lesow 2013 Residential Slurry Seal Proposal Number :62404 300 Superstition Blvd 0 (480)474-8616 16th Ave and Ironwood T-Line Numbor :UJ9A000X8D Apache Junction,AZ 85219 F (480)982-8005 Apache Junction,AZ 85120 P P Protect Consultant Craig Weems 34-200 Clean and prepare surface and apply a M.A.G Polymer Modified Type II slurry seal at the rate of 12 to 18 Lbs of aggregate per Sq Yd on approx 84,500 square yards.Roll with a Pneumatic rubber tired roller as needed. Slurry Seal is emulsified asphalt mixed with specifically graded aggregate and Y.%of Portland cement per square yard.The Slurry Seal Is applied approximately 1/4"inch In thickness as listed In the Maricopa Association of Governments uniform standard specifications The elimination of any existing drainage problem or reflective cracking Is not Intended or guaranteed Power steering marks and minor raveling are normal and should not be cause for undue concern. Areas not accessible to a Slurry Seal Machine will be done by hand and it will have a different texture than machine laid areas Work will not be warranted where sealing is placed over oil stained asphalt pavement • SLURRY SEAL MOBILIZATION 1 LS(off$3,489.00= $3,489.00 ' APPLY POLYMER MODIFIED SLURRY SEAL 84,500 SY Qa$2.22= $187,590.00 Sub Total• $216,097 00 PNL 4402 County Tax 10,815.65 APP 4442 City Tax. 3,09010 Total• $230,002.84 NOVA CHIP RESIDENTIAL CUL-DA-SACS 33-500 Install the Novachlp wearing course system to approx.58,500 square feet. The Novachip system consists of the application of a Novabond stress absorbing membrane at the rate of.22 gallons per sq yrd.followed by the Installation of the Novachip wearing course. • ULTRA THIN BONDED WEARING COURSE MOBILIZATION 1 LS(g$1,712.00= $1,712.00 ' INSTALL ULTRATHIN BONDED WEARING COURSE(NOVA CHIP) 58,500 SF t $0.90 I. $52,650.00 Ana, Sub Total: $54,362.00 PNL 4402 County Tax. 2,720.82 APP 4442 City Tax: 777.38 Total• $57,860.20 GRAND TOTAL Sub Total: $292,740.00 PNL 4402 County Tax: 14,851.64 APP 4442 City Tax: 4,186.18 Grand Total • $311,577.82 Page 2 Initial AM. Attachment"A" Contractor's License Numbers U N LAN LZ 775 W Elwood St AZROC-111922-CLA ASPHALT Phoenix,AZ 85041 AZROC-095189 C13 0 (602)323-2800 NV-49496 Limit$5,000,000 F:(602)680-1332 CA-781952-C12 Phoenix-Tucson-Les Vegas-Bullhead City-Albuquerque www,sunlandasphalt com CS 74079 PROPOSAL PROPOSAL Client: Contact' Job Date Written :5/14/2013 City of Apache Junction Shane IQesow 2013 Residential Slurry Seal Proposal Number :52404 300 Superstition Blvd O•(480)474-8516 16th Ave end Ironwood T-Line Number :UJ9A000X8D Apache Junction,AZ 85219 F.(480)982-8005 Apache Junction,AZ 85120 Project Consultant,Craig Weems City terms govern ROLL CALL VOTE NOTES: ' 1 1 )).) /9) \ U \ 11) ITEM # ` MEETING OF �ti MOTION BY r6111/VISECONDED BY U YES NO ABSTAINED COUNCILMEMBER WALDRON j COUNCILMEMBER EVANS 1/ COUNCILMEMBER SERDY17 VICE MAYOR BARKER ✓ COUNCILMEMBER WILSON COUNCILMEMBER RIZZI MAYOR INSALACO 1/t/ UNANIMO S IN FAVOR OPPOSED ABSTAINED TOTAL Alba CONSENT AGENDA ITEM NOS. 1-3 I MOVE THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED; AND viftik THAT THE AWARD OF CONTRACT FOR FISCAL YEAR 2013-2014 STREET MAINTENANCE PLAN BE AWARDED TO SUNLAND ASPHALT THROUGH COOPERATIVE PURCHASING NETWORK CONTRACT#R5225 FOR PW 2013-08 16TH AVENUE AND SUPERSTITION VILLA SUBDIVISION OVERLAY AND PW 2013-09 APACHE VILLA SUBDIVISION SLURRY SEAL/OVERLAY IN AN AMOUNT NOT TO EXCEED $1,448,593 20; AND THAT AUTHORIZATION BE GIVEN FOR THE MAYOR TO SIGN THE CONTRACT PENDING APPROVAL AS TO FINAL FORM BY THE CITY ATTORNEY. g7IaTIS City of Apache Junction, Arizona 300E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No.4. i'"` File ID: 13-155 Sponsor Robin Barker Agenda Date 8/6/2013 Index. Public Safety In Control City Council Meeting Proclamation supporting the "Start by Believing"public awareness campaign Presentation Attachments Proclamation-Start by Believing City of Apache Junction,Arizona Page 1 Printed on 7/29/2013 rt 'E.1 ; City of Apache Junction, Arizona 300 E Superstition . e( is Agenda Item Cover Sheet ApacheBoulevard Junction,AZ 85119 iii/ Agenda Item No.5. tzOSP` File ID: 13-185 Sponsor George Hoffman Agenda Date 8/6/2013 Index. Communication Outreach In Control.City Council Meeting City manager's report Presentation. Attachments City of Apache Junction,Arizona Page 1 Printed on 7/29/2013 ' rottamatton Supporting the"Start By Believing"Public Awareness Campaign Whereas, the City of Apache Junction shares a critical concern for victims of sexual violence and a desire to support their needs for justice and „aft,. healing,and Whereas, in 2012 the Apache Junction Police Department received a total of 19 reports of rape or attempted rape,and Whereas, research estimates that as many as 1 in 5 women and 1 in 71 men are the victim of rape(Center for Disease Control,2012 Summary Report),yet most will not report the crime to law enforcement(U.S. Department of Justice,Victimization Not Reported to the Police,2006 —2010);and Whereas, research documents that victims are far more likely to disclose their sexual assault to a friend or family member,and when those loved ones respond with doubt,shame or blame,victims suffer additional negative effects on their physical and psychological well-being(Rape Abuse& Incest National Network),and Whereas, the"Start By Believing"public awareness campaign is designed to improve the responses of friends,family members and community professions,so they can help victims to access supportive resources and engage the criminal justice system NOW,THEREFORE,I,John Insalaco,Mayor of the City of Apache Junction, Arizona,do hereby proclaim,in concert with the Apache Junction Police Department,the support of the"Start By Believing"public awareness campaign. Signed and attested to this day of ,2013 JOHN INSALACO Mayor ATTEST KATHLEEN CONNELLY City Clerk - _____ Z,� �� � �F � ��?��e�� ;�rNI��Pp� li+l �Q ^' �� � v�41 O$'m M aSQ 41 C$�rn � �v ^'Vy$� 71( 1�1 �•�O �Sg;NR�}7 ly t y��II FF D y Z4 ' ZAy = > $ > NI z � ` m�Y�y V• b s �W CQ Yu'm$>y Dn� mF �� c �>o Qay�= o .Za Yz�z o `n�o iR �� c f u, 441 �ep�yamps p1[Qpp �T 4�o N ag NH� (wgR I••I - - z (L�' Nb GZ�,.,!- _J mC >C LU� � -ZZ >y vm� ZPm+� >y /R nwp -� � O< v04D rOryy CSy�ti C p9np YO A>- Appt f V/> Icy C C Zppp pp Z pA P,pn p�Q0 Z ppQ9 C N U^dt/p� ,�' a *Ay rsl �;g� lfjg Zm � _ IsjC I p Z II Jm OO��E >S� K^e�l 4. 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Z� o mr a g a n�+i z m z n m Ot 91 s S r �D n �i a >� m� r r r O C) g o J�x m D U �J2 y F. ram' m O z v it % r n a A m c' V � V 9 i rT m m m m m m m m m Ti. rn rn� Tn L, p M r D A < D S A A p D A m O BEL AGAVE � :��� . ■``� J\ TOMAHAWK& 19TH AVE. 1 PiNAL COUNTY,AZ e G PREPARED FOR: GILMORE PARSONS LAND DESIGN GROUP PUBLIC HEARING Ask 1. For PROPOSED ORDINANCE NO. 1393,REZONING CASE PZ-3-13,A REQUEST BY ROBB TYLER REPRESENTING ACER HOMES LIMITED LIABILITY CORPORATION AND PARPAC RETIREMENT PLAN, ET AL, TO REZONE AND AMEND A DEVELOPMENT PLAN FOR A 20 ACRE PROPERTY AT THE SOUTHEAST CORNER OF 16TH AVENUE AND TOMAHAWK FROM GENERAL RURAL AND CONVENTIONAL SINGLE-FAMILY HOMES BY PLANNED DEVELOPMENT TO CONVENTIONAL SINGLE-FAMILY HOMES BY PLANNED DEVELOPMENT WITH A NEW DEVELOPMENT PLAN 2. Will SENIOR PLANNER RUDY ESQUIVIAS speak to the Council? 3. Will the applicant or spokesperson please speak to the Council on this item? 4. Is there anyone from the public who wishes to speak on this item? (Are there any "Request to Speak" forms?) 5. If not,this hearing is closed. 6. Is there any discussion? /'N 7. Call for a motion. 8. Call for a second. 9. Roll call vote. City of Apache Junction, Arizona 300E Superstition Boulevard Agenda Item Cover Sheet Apache Junction AZ 85119 zi •{ / Agenda Item No 6 t40` File ID: 13-199 Sponsor Rudy Esquivias Agenda Date:8/6/2013 Index. Outside Scope of Council Priorities In Control.City Council Meeting Proposed Ordinance No 1393 (rezoning case PZ-3-13), a request by Robb Tyler representing Acer Homes Limited Liability Corporation and PARPAC Retirement Plan, et al , to rezone and amend a development plan for a 20-acre property at the southeast corner of E 16th Avenue and S Tomahawk Road from General Rural (GR) and Conventional Single-family homes by Planned Development (CR-3/PD)to CR-3/PD with a new development plan Consideration and action Attachments' PZ-3-13 City Council cover memo, Proposed Ordinance#1393, Bel Agave Lot Plans, Planning and City of Apache Junction,Arizona Page 1 Printed on 7/29/2013 pACMF✓ o� 4' A O U -� z City of Apache Junction 4,,,. Development Services Department Date . July 24, 2013 To• Honorable Mayor and City Council Members Through: George Hoffman, City Manager Brad Steinke, Development Services Director From: Rudy Esquivias, Senior Planner/Zoning Admin. Subject. August 6, 2013, City Council Public Hearing Items: PZ-3-13 & SD-2-13 Acer Homes LLC/Tyler Background Robb Tyler, representing Acer Homes LLC and PARPAC Retirement Plan, Et Al , has applied for rezoning and preliminary plat approval for a proposed 120-lot planned development subdivision to be called "Bel Agave". The development plan proposes to rezone +/-15-gross-acres of the property from GR (General Rural) to CR-3/PD (Single-Family Residences by Planned Development) ; and to amend an existing development plan for an additional adjacent 5-acres already zoned CR-3/PD, and to plat the entire 20 acres for 120 lots for single-family homes with private amenity areas. The previously undeveloped property is located at the southeast corner area of S . Tomahawk Road and E. 16th Avenue. Planning and Zoning Commission Recommendation On June 25th, 2013, the Planning and Zoning Commission held a public hearing regarding the requests (P&Z staff report and exhibits attached) . The Commission voted to recommend approval of the PD rezoning with all recommended conditions, by a vote of 3 to 1 (two Commissioners absent, one vacancy) . The dissenting vote was cast in opposition to the small lot sizes and reduced setbacks No neighbors spoke at the public hearing. City Council Work Session Comments At their work session on July 15, Councilmembers raised several issues about the proposal, including accommodation of overflow parking, the small lot sizes, landscaping at entrances, responsibility for enforcing storage and fireworks rules, lack of lot layouts which illustrate proposed setbacks, and the possibility of extending street improvements on Tomahawk to Old West Highway Staff spoke to the applicants about Council' s concerns. The applicants believe that guest parking can be adequately accommodated by providing two guest spaces in each driveway and by allowing parking on one side of the private streets They OmN would rather offer their prospective residents the amenity of a swimming pool rather than a guest parking lot. With regard to the small lot sizes and the submittal' s lack of lot layout diagrams, please see the additional lot layout exhibits which illustrate that the homes they are proposing do fit within the requested setbacks and that some of the designs can even allow for 18' or 20' driveways. Acer Homes would like to offer the choice of 18' or 20' driveways to their customers as options. Staff will work with the applicants towards mitigating view obstructing landscaping at the entrances during the final plat and improvement plans submittal review process . At the Council work session, the City Attorney opined on the enforceability of storage and fireworks restrictions . With regard to the prohibition on fireworks in the subdivision, the applicants were simply responding to concerns from surrounding neighbors. Lastly, the applicants are open to discussing the possibility of partnering with the City to extend street improvements beyond the property frontage on Tomahawk and they are aware that a "IN similar arrangement was made with Mr. Hassell during the processing of the Villagio Subdivision. Conclusion Staff presents for the Council' s consideration attached Ordinance No. 1393, which represents the Commission and staff recommendation for approval of the proposed rezoning and PD plan amendment with conditions, as well as Resolution No. 13-31 for the approval of the preliminary plat with conditions . Council may approve, amend or deny the requests as they see fit. Attachments - Draft Ordinance No. 1393; - Draft Resolution No 13-31, - Conceptual Lot Layouts illustrating setbacks, - PZ Staff Report from June 25, 2013; - Attachments to P&Z report (large format drawings not included as electronic attachments) emN es ORDINANCE NO 1393 AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AMENDING THE APACHE JUNCTION, ARIZONA, ZONING ORDINANCE, BY AMENDING THE ZONING DISTRICT MAP, CITY OF APACHE JUNCTION, ARIZONA, CHANGING THE ZONING DISTRICT CLASSIFICATION FROM GENERAL RURAL ("GR") TO CONVENTIONAL SINGLE-FAMILY leN HOMES BY PLANNED DEVELOPMENT ("CR-3/PD") AND APPROVING A PLANNED DEVELOPMENT MAJOR AMENDMENT, FOR THE PRO- PERTIES DESCRIBED IN REZONING CASE PZ-3-13, A REQUEST BY ACER HOMES L.L.C. AND PARPAC RETIREMENT PLAN, ET AL , REPRESENTED BY ROBB TYLER; REPEALING ANY CON- FLICTING PROVISIONS; AND PROVIDING FOR SEVERABILITY WHEREAS, the subject property consists of four (4) separate but adjacent 5-gross-acres parcels, of which Pinal County Parcel Nos . 103-20-005, 103-20-006 and 103-20-017 have never been rezoned or developed, and of which Parcel No 103-20-015 was previously rezoned and platted (but not recorded) in 2006 for the Vista Meadows Subdivision, but was never developed, and WHEREAS, the submitted Planned Development Plan and preliminary plat for a future 120-lot single-family homes subdivision on the 20-gross acres subject property, to be called "Bel Agave", proposes a density of 6 dwelling units per acre, which is in compliance the city' s current General Plan, and WHEREAS, on June 25, 2013 the Apache Junction Planning and Zoning Commission voted 3-1 to recommend approval of Planned Development rezoning case PZ-3-13, subject to the submitted conceptual Planned Development plans and the conditions prescribed herein; and WHEREAS, the City Council hereby determines that the proposed Planned Development rezoning request conforms to all of the general criteria as specified in Apache Junction City Code, Volume II, Land Development Code, Chapter 1, Zoning Ordinance, Section 1-15-6, CR-3 Single-Family Residence Zone and Article 1- 19, Planned Development Zoning District (except as otherwise conditioned herein) , including integration with the surrounding neighborhood, adequate traffic accommodation, adequate public facilities, extension of infrastructure, and that the design and uses should result in enhancements to the social, built and ORDINANCE NO. 1393 PAGE 1 OF 6 natural environments in the City. NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF APACHE JUNCTION, ARIZONA, AS FOLLOWS. SECTION I IN GENERAL The zoning district classification on the Zoning District Map, City of Apache Junction, Arizona, for the parcels of land legally described as: Parcel No. 1 . The North half of the Southwest quarter of the Northwest quarter of the Southwest quarter of Section 27, Township 1 North, Range 8 East of the Gila and Salt River Base and Meridian, Pinal County, Arizona (Parcel No. 103-20-017) ; and Parcel No. 2 . The East half of the Northwest quarter of the Northwest quarter of the Southwest quarter of Section 27, Township 1 North, Range 8 East of the Gila and Salt River Base and Meridian, Pinal County, Arizona (Parcel No. 103-20-005) , and Parcel No 3 • The West half of the Northwest quarter of the Northwest quarter of the Southwest quarter of Section 27, Township 1 North, Range 8 East of the Gila and Salt River Base and Meridian, Pinal County, Arizona (Parcel No. 103-20-006) , be and hereby is amended from General Rural ("GR") to Conventional Single-Family Homes by Planned Development ("CR- 3/PD") , and That the approved Planned Development Plan (pursuant to Ordinance No. 1256 and Resolution No. 06-42) for the CR-3/PD- zoned parcel of land formerly platted for the Vista Meadows Subdivision and legally described as. Parcel No 4 • The North half of the Southeast quarter of the Northwest quarter of the Southwest quarter of Section 27, Township 1 North, Range 8 East of the Gila and Salt River Base and Meridian, Pinal County, Arizona (Parcel No. 103-20-015) ; ORDINANCE NO 1393 PAGE 2 OF 6 be and hereby is amended to integrate said parcel into the proposed development plan for the Bel Agave Subdivision; all parcels above subject to the following conditions of approval: 1) Street improvements along the property' s S Tomahawk Road and S. Wickiup Road frontages, such as extension of pavement and the provision of sidewalk, curb, gutter, streetlights, fire hydrants, landscaping, retention areas, etc. , normally required for CR-3-zoned subdivisions, shall be required as part of this planned development project, subject to approval by the City Engineer. Additional off-site improvements along the property' s East 18th and 19th Avenue frontages shall also be provided subject to the City Engineer' s determination at the time of final subdivision plat and improvement plans submittal The developer shall dedicate all necessary rights-of-way and cutoff corners as determined by the City Engineer 2) Xeriscape landscaping shall be provided throughout the development, internal and external to the site, in accordance with the city' s landscaping and screening requirements, except as follows. A) A 10-foot deep landscape setback area shall be provided along Tomahawk Road (as measured from the edge of the ultimate right-of-way line) , wherein 25% of the required trees shall be 24" box and 25% of the required trees shall be 36" box, B) A 5-foot deep landscape setback area shall be provided along Wickiup Road (as measured from the edge of the 0 ultimate right-of-way line) , wherein 50% of the required trees shall be 24" box; C) 5-foot deep landscape strips shall be provided along 18th and 19th Avenues, but plantings along these roadways shall only consist of shrubs, groundcovers and decomposed granite (sizes, numbers and densities shall comply with the city' s landscaping and screening requirements) . 3) Six-foot tall perimeter masonry walls shall enclose the proposed subdivision and decorative masonry walls shall ORDINANCE NO. 1393 PAGE 3 OF 6 be provided along the Tomahawk and Wickiup Road frontages, the design of which is subject to staff approval as part of the final landscape plans. The use of wrought iron view fencing along segments of this perimeter fencing is encouraged at the main entrance on Tomahawk, at the southwest and northeast corners (retention and wash entry areas) , and at other retention or open space areas for the purpose of featuring and highlighting the landscape elements and open spaces and providing a more open feel to the subdivision 4) The developers of Bel Agave shall provide a clubhouse, swimming pool, barbecue and playground amenity areas, and pedestrian walking paths along the natural corridors . The barbecue and playground areas in particular 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 Play stations and usable open space shall be provided in compliance with the city' s Parks and Recreation standards for home owner association ("HOA") maintained areas. 5) Lots adjacent to drainage channels, retention basins or washes shall have fences separating them from these features for safety purposes; access gates may be provided to pedestrian walking paths. 6) 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. 7) The developers shall offer at least 8 model types (four 1-story and four 2-story homes) with 3 elevation options each Two-car enclosed garages and front yard landscape ORDINANCE NO. 1393 PAGE 4 OF 6 e packages shall be provided for each home Lots 77, 78, 79, 80, 88 and 92 shall be limited to 1-story homes. 8) 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. /" 9) The preliminary and final plats shall reflect substantial compliance and consistency with the Planned Development concepts presented with case PZ-3-13, incorporated by reference herein, and as otherwise specified through these conditions of approval, to include general layout, setbacks (10' front/18' to garage, 10' rear, 5' interior sides, 10' street side) , public and private rights-of-ways, easements and tracts, amenities, perimeter and interior lot separation walls, model types, landscaping and other improvements . 10) The rear yard patios shall be covered, shall meet setback requirements for the homes and shall at no time hereafter be enclosed. 11) All common areas, amenity areas, and tracts within and immediately adjacent to the proposed development, including perimeter walls and fences, and interior and exterior common area landscaping, shall be owned and maintained in good condition at all times by the owners or HOA of the proposed subdivision. 12) All-weather surface access drives for fire apparatus and other emergency providers shall be provided during construction of the development; and all construction vehicles and equipment shall be kept on the subject property. SECTION II REPEALING ANY CONFLICTING PROVISIONS: All ordinances and parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. ORDINANCE NO. 1393 PAGE 5 OF 6 OIN SECTION III PROVIDING FOR SEVERABILITY: If any section, subsection, sentence, phrase, clause or portion of this ordinance, or any part of the code adopted herein by reference, is for any reason held to be invalid or unconsti- tutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining OmN portions thereof PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS DAY OF , 2013 . SIGNED AND ATTESTED TO THIS DAY OF , 2013 JOHN S INSALACO Mayor ATTEST: KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM. RICHARD JOEL STERN City Attorney , ^ ORDINANCE NO 1393 PAGE 6 OF 6 1 p 45' Fla) m I F_.—, I I 5' B.S.L ONE STORY 5 U Y Q G.> � Q GARAGEak 1 m ` I < , SCALE: 1"=20' CLIENT/PROJECT HOMES Duran TMhompENsoon, p ERIING ACERBEL AGAVE SUBDIVISION 1020 East Gilbert Drive, Suite D SHEET Tempe AZ 85281 TITLE 1 OF 4 Fax: (4 0)) 350-9590 350-9486 TYPICAL PLOT PLAN engineer@dmengineer.com .... 1 I 1_4 "'cc i I l B.S.L ONE STORY I I Q cc er GARAGE -; + -- I o t- I I L� -r._._� Or Adak SCALE: 1'=20' CLIENT/PROJECT D & M ENGINEERING ACER HOMES Duran Thompson, P.E. BEL AGAVE SUBDIVISION 1020 East Gilbert Drive, Suite D SHEET Tempe AZ 85281 TITLE 2 OF 4 Ph. (480) 350-9590 TYPICAL PLOT PLAN Fox• (480) 350-9486 engineer@dmengineer.com ......, ,......, /� - - r _i 45' i r .oIv m co I . I I , , I Ii 5' 5' 8 S L B.S.L.'' I. In TWO STORY I^ I I C7 < U cc a m ( GARAGE --1 + - . 1 1 I �- L_ N -J I 1 i -i-r- SCALE: 1`=20' CLIENT/PROJECT D & M ENGINEERING ACER HOMES Duran Thompson, P.E. BEL AGAVE SUBDIVISION 1020 East Gilbert Drive, Suite D SHEET Tempe AZ 85281 TITLE 3 OF 4 Ph. (480) 350-9590 TYPICAL PLOT PLAN Fax: (480) 350-9486 ` engineerComengineer.com �- - 45' tr- -ci I ' I I I 5' B S.L" B.S L TWO STORY I 1 1 -60 I _ _ GARAGE — .._ —I-- - -- i „„ � o 1I 'm ' W 'aiv 'coo i SCALE: 1'=20' CLIENT/PROJECT D & IA ENGINEERING ACER HOMES Duran Thompson, P E. BEL AGAVE SUBDIVISION 1020 East Gilbert Drive, Suite D SHEET Tempe AZ 85281 TITLE 4 OF 4 Ph: (480) 350-9590 TYPICAL PLOT PLAN Fax. (480) 350-9486 engineer@dmengineer.com — i I 45'-� I45' ^*m r m 45' T — 45'p VfO I _ . 1_1- - D I p- 1 L11T -- - I 1 1 1 1 , 1 I 5 5 — ir i 5 B.S.L. 5' B.S.L. _ - _ 5' B.S.L. BSL BSL. ONE STORY ONE STORY B B.SS'L„_ TWO STORY I^ 5, I- I^ TWO STORY �� I� _ --.--1 B Si I I �_ �, CD GARAGE GARAGE I I �--� GARAGE I GARAGE vO --`- --- - ----�--r,-1--► + -I- -, + -I---- '�j-� I l o _ I 1 I a I I -' I ....... I elm I Im j ;N 1 r ., - i ..ot -„,d,_ .cc6 1.,..„ ,, -at :2 16 ) 1 < SCALE: 1 w=20' CLIENT/PROJECT Duran Thompson, P.E. BEL AGAVE SUBDIVISION D & M ENGINEERING 1020 East Gilbert Dnve, Suite D engmeerOdmeng�neer cornTempe, AZ 85281 TITLE PLOT PLAN mew PH (480 350-9590 ACER HOMES 1 OF 1 FAX (480) 350-9486 0 ACHt� O .).�= City of A ache Junction 4R1ZON Development Services Department PLANNING AND ZONING COMMISSION PUBLIC HEARING STAFF REPORT DATE: June 25, 2013 CASE NUMBER• PZ-3-13/SD-2-13 APPLICANTS/OWNERS : Acer Homes LLC and PARPAC Retirement Plan (et al) REPRESENTATIVE. Robb Tyler REQUEST . An application requesting rezoning and preliminary plat approval for a proposed 120-lot planned development subdivision to be called "Bel Agave". The development plan proposes to rezone +/-15-gross-acres of the property from GR (General Rural) to CR-3/PD (Single-Family Residences by Planned Development) ; and to amend an existing development plan for an addition- al adjacent 5-acres already zoned CR-3/PD; and to plat the entire 20 acres for 120 lots for single-family homes with private amenity areas. LOCATION: The property is located at the southeast corner area of S. Tomahawk Road and E. 16th Avenue. GENERAL PLAN/ ZONING DESIGNATION• Medium Density Residential at 1 to 6 dwelling units per acre. SURROUNDING USES . North. Vacant industrial (zoned CI-1) ; South. Single-family homes (zoned GR and CR-2MH) ; East: Vacant commercial, single-family homes and MH park (zoned C-1/PD, GR and TH) , PZ-3-13/SD-2-013 (Bel Agave/Tyler) PAGE 2 OF 10 West. Industrial and single-family homes (zoned CI-1 and TH) BACKGROUND A r l To the best of staff' s knowledge, the vacant GR-zoned 15 acres along the east side of Tomahawk Road have never been developed. In 2005, the 5-acre property at the southwest corner of 18th Avenue and Wickiup was rezoned from GR to CR-3/PD and platted for the 16-lot Vista Meadows Subdivision (case PZ-21-05, Ordinance No. 1256) . Later on, at about the time the subdivision plat for Vista Meadows was finished, the economy started turning bad, the developers never submitted their improvement bond, the plat was never recorded and thus the subdivision was never built PROPOSAL Acer Homes would now like to develop the 15 acres on Tomahawk and incorporate the old Vista Meadows property into a new concept for a 120-lot single-family homes subdivision to be called Bel Agave (see zoning and neighborhood graphics and narrative attached) . The subdivision will be a gated community with private streets; it will have a clubhouse, swimming pool, barbeque and children' s play areas, pedestrian walkways and several open space areas. It will make use of existing natural vegetation and washes as much as possible, and provide additional xeriscape vegetation in common areas, as well as the /1 street frontages The developers propose to build homes similar to the homes in Jacob' s Ranch (at Cortez and Southern) , with one and two-story models, a variety of floor plans, two-car garages and energy- efficient amenities. Some lots will be limited to one-story to protect adjacent neighborhood views. The subdivision incorporates street and lot patterns that acknowledge and work in harmony with existing washes; and it is the developer' s desire to orient homes and open space areas to maximize views of the Superstitions. Along with the rezoning and pre-plat requests, the developers are also working with the city' s Public Works Department to eiN PZ-3-13/SD-2-013 (Bel Agave/Tyler) PAGE 3 OF 10 relinquish pre-existing grid street alignments for Descanso and Vista Roads, and for 18th and 19th Avenues . The eventual relinquishment of these old road and utility Federal Patented Easements will allow for the more organic street design. Street segments on 18th and 19th Avenues will be retained where needed to continue to provide access to pre-existing developed neighboring properties. The main entrance to the subdivision will be off of Tomahawk and an emergency exit gate will be provided at Wickiup The subdivider will also be required to provide all standard subdivision improvements as requested by the City Engineer, including the dedication, widening and improvement of his half of Tomahawk and Wickiup with asphalt, sidewalk, curb, gutter, street-lights, fire hydrants, and street frontage landscaping Public Works Engineering is working with Acer Homes to provide for limited improvements on the portions of 18th and 19th which will be retained. The internal streets will be private HOA- maintained streets . Perimeter walls, on-site retention and internal landscaping and amenity areas will also be required PLANNING STAFF ANALYSIS AND FINDINGS Relationship to General Plan. The subject site and the surrounding properties to the west, south and east are designated by the General Plan as "MD" Medium Density Residential, maximum of 6 dwelling units per acre (du/ac) Properties to the north and northeast of the site, on OmN the south side of Old West Highway, are designated Community Commercial. This development proposes a density of exactly 6 du/ac, in compliance with the General Plan Zoning/Site Context: The requested CR-3/PD zoning is compatible with other medium density single-family zoning districts in the area, including the manufactured home subdivisions to the southwest and south of the site, and the MH park to the east. The new neighborhood will have primary access off of S. Tomahawk Road, which is a major arterial, section line road Staff believes this development proposal will be a positive improvement to the general area as well as a quality in-fill development. The alternative is that the 5-acre lots could be individually sold off for land splits, bringing no added street improvements or infrastructure to the area. The future of Vista Meadows is questionable. PZ-3-13/SD-2-013 (Bel Agave/Tyler) PAGE 4 OF 10 Planned Development Request: Planned Development deviations are being requested with regard to lot size, lot width and setbacks. Listed below are the specific development standards for CR-3 as stated in the Apache Junction Zoning Ordinance, and a comparison of how the proposed planned development deviates from the CR-3 standards. • The City of Apache Junction Zoning Ordinance, Section 1-15-6, states that lots in a straight CR-3 zone must meet a minimum lot area of 7, 000 net square feet (SF) . The majority of the lots in Bel Agave will be about 3465 SF in size (45' x 77' ) ; there are a number of lots around 3850 (50' x 77' ) , some at 4000 SF (50' x 80' ) ; and the corner and wedge-shape lots are larger. • 60' is the minimum lot width in a straight CR-3 zone This development proposes minimum lot widths of mostly 45' and 50' . • Maximum lot coverage by all buildings is 40% in a CR-3 zone The lots in this development will be closer to 50% lot coverage. • The maximum building height in CR-3 is 25' , same as what is proposed. • The minimum setbacks in CR-3 are 20' front, 20' rear, and 5' and 10' on the sides, with corner lots requiring 15' from the side street. Bel Agave proposes 10' front (18' to garage) , 10' rear, 5' sides, with street side for a corner lot being 10' . • The developer is also requesting to reduce the depth of the landscape setbacks along the perimeter streets . A 20' LS setback would normally be required along Tomahawk, the development proposes a 10' setback A 10' setback would normally be required along the other street frontages; the development plan proposes 5' . Because of the deviations listed above, a Planned Development process is necessary for this development. Some of the Planned development trade-offs offered by the developer include passive and active recreation areas, including a clubhouse and a swimming pool, barbeque and children' s play areas, and natural corridors with walking paths. Off-site flows will be accommodated as naturally as possible, as well as retaining whatever is being displaced on-site; and making sure that those drainage features are incorporated effectively and attractively 1 PZ-3-13/SD-2-013 (Bel Agave/Tyler) • PAGE 5 OF 10 into the design of the subdivision. Staff will also ask for 4- sided architecture, ground-mounted AC units, 2-car enclosed garages, front yard landscape packages for the individual lots, ^ and significant amounts of 24" and 36" box trees along the perimeter streetscapes. Public Input: The applicants conducted their public participation neighborhood meeting on June 3rd (see Summary Report attached) . The neighbors raised issues relative to the underlying street easements, traffic in the area, drainage, protection of views (restricting some lots to 1-story homes) , street improvements, acknowledge- ment of the surrounding equestrian uses, restricting the use of fireworks, light trespass, and other issues . Mr. Tyler agreed to address and be sensitive to all of their concerns, both in the development plan and in the CC&Rs for the future Bel Agave residents . PLANNING AND ZONING COMMISSION WORK SESSION Staff presented the Bel Agave rezoning and pre-plat requests at the Commission work session on June 11 . The Commission seemed generally favorable towards the development plan. There were a couple of questions relative to the location of the proposed clubhouse and swimming pool, and also a suggestion that two or three children' s play areas be provided in different parts of the subdivision to make those areas convenient to the homeowners. Staff has brought this to Mr. Tyler' s attention and he plans to provide an explanation and/or an additional graphic to better illustrate the amenity/play areas at the Commission' s public hearing. PLANNING DIVISION RECOMMENDATION Staff notes that numerous planned development deviations are being requested for this unique subdivision 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 The developer has taken steps to address some of the neighbor' s concerns, however, Commissioners may recommend additional conditions which they feel will improve the development plan. PZ-3-13/SD-2-013 (Bel Agave/Tyler) PAGE 6 OF 10 RECOMMENDED MOTION FOR PLANNED DEVELOPMENT REZONING I move that the Planning and Zoning Commission recommend to the Apache Junction City Council the (APPROVAL/DENIAL) of planned ems development rezoning case PZ-3-13, a request by Acer Homes LLC and PARPAC Retirement Plan (et al) , represented by Robb Tyler, for the subject property located at the southeast corner of S. Tomahawk Road and E. 16th Avenue, to rezone the 15 acres on the east side of Tomahawk from GR (General Rural) to CR-3/PD (Conventional Single-family Homes by Planned Development) and to amend the development plan for the 5-acre CR-3/PD-zoned property at the southwest corner of S. Wickiup Road and E 18th Avenue, for a 120-lot single-family homes subdivision to be called Bel Agave, subject to the following conditions of approval. 1) Street improvements along the property' s S Tomahawk Road and S Wickiup Road frontages, such as extension of pavement and the provision of sidewalk, curb, gutter, streetlights, fire hydrants, landscaping, retention areas, etc , normally required for CR-3-zoned subdivisions, shall be required as part of this planned development project, subject to approval by the City Engineer. Additional off-site improvements along the property' s E. 18th and 19th Avenue frontages shall also be provided subject to the City Engineer' s determination at the time of final subdivision plat and improvement plans submittal. The developer shall dedicate all necessary rights-of-way and cutoff corners as determined by the City Engineer 2) Xeriscape landscaping shall be provided throughout the development, internal and external to the site, in accordance with the city' s Landscaping and Screening Requirements, except as follows. A) A 10-foot deep landscape setback area shall be provided along Tomahawk Road (as measured from the edge of the ultimate right-of-way line) , wherein 25% of the required trees shall be 24" box and 25% of the required trees shall be 36" box; B) A 5-foot deep landscape setback area shall be provided along Wickiup Road (as measured from the edge of the ultimate right-of-way line) , wherein 50% of the required trees shall be 24" box, PZ-3-13/SD-2-013 (Bel Agave/Tyler) PAGE 7 OF 10 C) 5-foot deep landscape strips shall be provided along 18th and 19th Avenues, but plantings along these 1 roadways shall only consist of shrubs, groundcovers and decomposed granite (sizes, numbers and densities to comply with the city' s Landscaping and Screening Requirements) 3) 6-foot tall perimeter masonry walls shall enclose the proposed subdivision and decorative masonry walls shall be provided along the Tomahawk and Wickiup Road frontages, the design of which is subject to staff approval as part of the final landscape plans . The use of wrought iron view fencing along segments of this perimeter fencing is encouraged at the main entrance on Tomahawk, at the southwest and northeast corners (retention and wash entry areas) , and at other retention or open space areas for the purpose of featuring and highlighting the landscape elements and open spaces and providing a more open feel to the subdivision. 4) The developers of Bel Agave shall provide a clubhouse, swimming pool, barbeque and playground amenity areas, and pedestrian walking paths along the natural corridors The barbeque and playground areas in particular 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. Play stations and usable open space shall be provided in compliance with the city' s Parks and Recreation standards for HOA maintained areas. 5) Lots adjacent to drainage channels, retention basins or washes shall have fences separating them from these features for safety purposes; access gates may be provided to pedestrian walking paths 6) 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 PZ-3-13/SD-2-013 (Bel Agave/Tyler) PAGE 8 OF 10 architectural treatments on all four sides of the as so buildings topreclude flat or blank facades, including pop-outs and roofline and color variations to add visual interest. ems 7) The developers shall offer at least 8 model types (four 1-story and four 2-story homes) with 3 elevation options each. Two-car enclosed garages and front yard landscape packages shall be provided for each home. Lots 77, 78, 79, 80, 88 and 92 shall be limited to 1-story homes . 8) 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. 9) The preliminary and final plats shall reflect substantial compliance and consistency with the Planned Development concepts presented with case PZ-3-13, incorporated by reference herein, and as otherwise specified through these conditions of approval, to include general layout, setbacks (10' front/18' to garage, 10' rear, 5' interior sides, 10' street side) , public and private rights-of-ways, easements and tracts, amenities, perimeter and interior lot separation walls, model types, landscaping and other improvements. ems 10) The rear yard patios shall be covered, shall meet setback requirements for the homes and shall at no time hereafter be enclosed. 11) All common areas, amenity areas, and tracts within and immediately adjacent to the proposed development, including perimeter walls and fences, 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. 12) All-weather surface access drives for fire apparatus and other emergency providers shall be provided during construction of the development; and all construction vehicles and equipment shall be kept on the subject property ON PZ-3-13/SD-2-013 (Bel Agave/Tyler) PAGE 9 OF 10 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 pre- liminary plat, case SD-2-13, a request by Acer Homes LLC and PARPAC Retirement Plan (et al) , represented byRobb Tyler, for a P Y proposed subdivision to be named Bel Agave, located at the southeast corner area of S. Tomahawk Road and E. 16th Avenue, subject to the following conditions of approval. 1) All conditions of approval for the CR-3/PD-zoned property as approved pursuant to planned development rezoning case PZ-3-13 shall govern the design and subsequent improvements of the Final Subdivision Plat. 2) Within one year of Preliminary Subdivision Plat approval, the developers shall submit for formal review, the Final Subdivision Plat and improvement plans for the proposed subdivision 3) Street improvements along S. Tomahawk and S. Wickiup Roads, including but not limited to, the extension of pavement and the provision of sidewalks, curbs, gutters, streetlights, fire hydrants, landscaping, etc. , shall be designed and constructed according to the City of Apache Junction Engineering Guidelines Additional off-site improvements along the property' s E 18th and E. 19th Avenue frontages OmS shall also be provided subject to the City Engineer' s determination at the time of final subdivision plat and improvement plans submittal. 4) The Conditions, Covenants and Restrictions for Bel Agave shall also include provisions to address the following: prohibition on owners using garages for personal storage to the extent that two normal passenger vehicles cannot be accommodated in them at all times, establishing a uniform system for garbage pick-up and mail-delivery; specifying that the homeowners association is responsible for the maintenance and upkeep of the internal private streets, the common areas and the fencing and landscape improvements both internal and along the outside perimeter of the subdivision; and a prohibition on the use of fireworks in the subdivision. ' 1 PZ-3-13/SD-2-013 (Bel Agave/Tyler) PAGE 10 OF 10 5) The property owners shall disclose to all prospective buyers, prior to sale, that there are neighboring horse properties in the immediate area. 6) The developer shall work with and coordinate separately with all known utility companies which serve Apache Junction, to relinquish the 33' and 66' wide utility easements/federal patented easements which conflict with the design of the proposed subdivision, prior to or upon final plat approval. The City shall relinquish its rights to said easements for roadway purposes upon approval of the final subdivision plat or by separate instrument The rezoning and subdivision cases for Bel Agave are scheduled for City Council work session on July 15, 2013, and for public hearing on August 6, 2013 . Prepared by Rudy Esquivias Senior Planner/Zoning Administrator Attachments. Exhibit #1 - Rezoning application Exhibit #2 - PZ-3-13 Zoning and Vicinity Map Exhibit #3 - Aerial image of property Exhibit #4 - Aerial image of surrounding neighborhood Exhibit #5 - Bel Agave Development Summary Exhibit #6 - Neighborhood outreach letter with model and elevation exhibits Exhibit #7 - Neighborhood meeting summary Exhibit #8 - Proposed preliminary plat/development plan Exhibit #9 - Conceptual landscape and amenity plan CITY OF APACHE JUNCTION REZONING APPLICATION FORM Owner/Agent Information: .... Name. Acer Homes, LLC- Robb Tyler,Agent Telephone: 602 690 9119 Address. 9495 E. San Salvador, Suite 200,Scottsdale,Az 85258 Property Information: Zoning Classification Current: GR Requested: CR-3 PD Property Size: 20 - ET acres 0 square feet County Tax Assessor Parcel#:103-20-005,006,015 &017 Legal Description of Property (found on County Tax Bill Notices): 103-20-005 is E1/2 NW NW SW OF SEC 27-1 N-8E 103-20-015 is N1/2 SE NW SW OF SEC 27-1N-8E 103-20-006 is W1/2 NW NW SW OF SEC 27 1 N 8E 103-20-017 is N1/2 SW NW SW OF SEC 27 1 N 8E Address/Location of Property (if different from Owner Address, above): Tomahawk just south of the Old Highway List all improvements to Property: N/A Structures/Use of Adjacent Properties: North: Vacant Commercial South: Single Family Residential Fast Single Family Residential&Trailer Park West: Light Industrial&Commercial �•. Reason for Rezoning Request• to ali9n the use of the property with the General Plan by creating a single family residential development with 6 units to the acre. List any land-use or environmental impacts that may be expected if property is rezoned. a single family residential subdivision FOR OFFICE USE ONLY Case No • PZ- - Date Filed. Application Received By: Fee Amount: S 1/We certify that: I/We axe the owner(s) of the property described in this application for rezoning and have submitted copies of deeds or title reports as proof of ownership. I/We have read the application instructions and have truthfully completed this application. I/We understand that rezoning is conditional upon dedication and time AO... requirements, and that the City has the option of either approval or denial of this request following conduct of a Public Hearing. I/We, being the owner(s) of the property in this application, have appointed Robb Tyler of Acer Homes,LI_C as my/our representative agent, 1/We have authorized hinVher to do whatever is necessary to have this request considered • favorably by the City of Apache Junction and agree that all correspondence relating to this matter should be delivered to him/her. PLEASE PRINT Acer Homes,LLC Tom Graziano.Manager Property Owner Name Signature 9495 E San Salvador,Suite 200 _ Street Address Scottsdale,Az 85258 480.229.6525 City,.State,Zip Telephone PARPAC Retirement Plan,et al Henry gdhl,authorized representative I t Property Owner Name Signature 23613 N. 77th Street Street Address �. Scottsdale,Az 85255 480.998.4009 City,State,Zip Telephone Robb Tyler /1 Agent Name ignature 9495 E San Salvador,Suite 200 Street Address Scottsdale,Az 85250 602.690.9119 City,State,Zip Telephone STATE OF ARIZONA ) . The foregoing instrument was acknowledged before SS me this f a ,20 13 COUNTY OF ) GAVIN SORENSEN ;y. 01AAtl Rot v-4^ �Wa Notary Public �1 My Commission Expires. 4.. . . PZ-3 — l3 / 3D — ZL3 PKO POSE() REZONING FROM GIS TO CR-3PD FOP, A N1.W 5U6t%VI51014 TO 15E CALLED "i3E.1- AGAVE" EY AAC0 >e, 140MES, LLC . c'- i1fj4Ave , ill j c;e ODD �/ y y. C-I PD 1 GILD Ij i' log A .. .„ 000 . , G►, G. G..Z lc11 , ik5 / I -- 18 th- - - AVE �RAv . 1 r Adal > rrr dr// / L., o 0 Apr Ali _ a.. 1&i z.. (:) .1 , 8i (4') .�-..J R 1ss jt • 061<5 Qtr-Thiff B• fi — vi ,,,o,t ,x . . :' 8 4i1' ° eJ ' . ;5,1, pciK.. p0' , o _Kc..,, '' Sao A SUBJECT SITE Z.ONII4G cIS-114,ICTS REs1DeNTIAL ZOh1E5 .. GR J Th-1, Cik-ZMH, CIS-3Pd COMMYr1ZC% L ZONES : C- LPD , C-Z ZO N i N & AND VICINITY NANP • Page 1 of 1 Web Mapping Application I IL._- 3 - 13/50 -2-13 OP'E "T'Y NEK I.A L. 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".' ..> • - -1 a -- ,-,---'''�r , yt � ,• 'fit �R.4 d`r1, r N ►� �' _k'i .*1. : ..,a` •• http://ajgis2Brad/dcfault.aspx 4/24/2013 BEL AGAVE DEVELOPMENT SUMMARY PROJECT CONCEPT AND GOALS The Subject Site is located on the east side Tomahawk between 19th Avenue and the Old West Highway and consists of approximately twenty acres (APNs 103-20-005, 006, 015 & 017) that we propose to develop into a new home subdivision consisting of approximately 120+/- home sites. it is our goal to create a community oriented subdivision that incorporates low water design features in residences and common areas, utilizes retained native vegetation wherever possible, provides a rich amenity package (inclusive of a pedestrian friendly walking path and sidewalks, swimming pool with community clubhouse, barbecue and ramada areas) and employs a conscientious design that maximizes open space and the views of the Superstition Mountains to create a larger feel for the development- all crafted with a careful eye to the end goal of delivering an excellent value at a moderate price point. We propose to use fifty foot lot faces with efficiently applied setbacks and proven vertical designs that allow for a greater value to the end user in overall aesthetics, privacy and amenities than many of the smaller lot concepts being brought to market. Our plans call for the use of architecturally significant product (much like has been seen in Dan Kauffman's "Jacob's Ranch"). The finished homes will include both small and large floor plans, with both single and two story options being available. All floor plans will include tile roofs, stucco finishes, 2 car garages and energy efficient amenities. We will include architectural pop-outs, ironwork features, and rock accents While both buyer preferences and the economic realities of the market dictate a tract home subdivision, the features we shall incorporate will give Bel Agave's residents a small custom home feel. PROPOSED ZONING The City of Apache Junction's General Plan designates the subject site as Medium Density Residential (one to six dwelling units per acre). The proposed new zoning would be CR3-PD to allow for our site plan and consistent with the vision of the General Plan The proposed site plan provides for one hundred and twenty dwelling units on approximately twenty acres, resulting in a density of six dwelling units per acre. The subject site is bordered by a commercial/industrial park to the west, vacant land to the north, a mobile home park and singlc-family homes to the east and manufactured and site-built single-family homes to the South. We feel that the development of this property in the fashion we propose is in line with the current neighboring uses and will enhance the area significantly as well as add value to all of the surrounding properties CONCEPTUAL SITE PLAN The site plan consists of a single-family residential subdivision. It shall feature a community pool and cabana, private streets and have a gated entry from Tomahawk. The entry points will be located at Tomahawk and Eighteenth Avenue with a "crash gate" exit at Wickieup. The entrance will have an appropriate sized monument sign on Tomahawk ronstructed on a block structure with the logo in metal raised lettering and will include rock accents, accent lighting and metal "agave" artwork The entry will be access controlled with metal gates, also accented with metal "agave" artwork. The project's entry will be designed to meet the City of Apache Junction's standards The onsite amenities include a community pool and clubhouse, a barbecue area, a children's play area, breathtaking mountain views and a pedestrian walking path through the community that connect to the swimming pool area The landscaping will be designed to maximize native vegetation retention while promoting an aesthetically pleasing, safe environment A large amount of open space has been retained for additional recreational and leisure activities. CONCLUSION Acer Development is pleased to bring this project forward and excited to make this subdivision a reality. We believe we can deliver an attractive, value driven product that will benefit all parties surrounding it, the community at large and the ultimate homeowners. May 24`h, 2013 Re. Neighborhood Meeting-June 3rd 2013 Proposal. Bel Agave single family residential subdivision (approx 20 acres) Property Location. Southeast corner of Old West Highway & Tomahawk Road (APNs 103-20-005, 103-20-006, 103-20-015 & 103-20-017) Dear Neighboring Property Owner, We have recently submitted an application for rezoning to the City of Apache Junction Planning & Zoning Division (Case Number PZ-3-13 & SD-2-13) The application proposes to change the zoning for the property shown on the attached "location map" (approximately 20 acres Just south of the southeast corner of Old West Highway and Tomahawk Road)from a mix of GR and CR-3 PD zoning to a homogenous CR-3 PD In line with the existent uses indicated by the 2010 General Plan (Medium Density Residential with 1-6 du/ac), we propose to develop the property as a Planned Development with 120 single family homes(proposed site plan attached) It is our goal to create a community oriented subdivision that incorporates low water design features m residences and common areas, utilizes retained native vegetation wherever possible, provides a rich amenity:.package (inclusive of a pedestrian friendly walking path and sidewalks, swimming pool with community clubhouse, barbecue and Ramada areas) and employs a conscientious design that maximizes open space and the views of the Superstition Mountains to create a larger feel for the development- all crafted with a careful eye to the end goal of delivenng an excellent value at a moderate price point. We propose to use efficiently applied setbacks and proven vertical designs that allow for a greater value to the end user in overall aesthetics, privacy and amenities than many of the "smaller" lot concepts being brought to market. The finished homes will include both small and large floor plans, with both single and two story options available All floor plans will include tile roofs, stucco finishes, two car garages and energy efficient amenities The features we plan to incorporate will give Bcl Agave's residents an affordable custom home feel and help ensure Bel Agave will be an asset to the larger community. As an infill development, we look forward to developing this vacant property in harmony with the existing neighborhood To that end, we will be having a neighborhood meeting to discus our proposal further 1 ..a Notice of Neighborhood Meeting Monday,June 3`d, 2013 6:00 PM Multi-Generational Center Room 117 1035 N Idaho Road Apache Junction, Arizona 85219 We sincerely hope you can attend the upcoming neighborhood meeting, but if you are unable to attend, please feel free to contact me with any questions or concerns Robb Tyler Acer Homes, LLC 9495 E San Salvador, Suite 200 Scottsdale,Arizona 85258 Phone. (602) 690-9119 Email. robbAargosaz.com Please be _advised that public heanngs before the City Planning and Zoning Commission and City Council will be held to review this proposal in the coming months You should receive a second mailing in approximately 1-2 weeks identifying the date and location of those hearings If you require additional information from the City of Apache Junction, please feel free to contact the assigned City Staff person below Rudy Esquivias Senior Planner/Zoning Administrator City of Apache Junction 300 E. Superstition Boulevard .�. Apache Junction,Arizona 85119 Phone (480) 474-2645 Email resquivias@atcity.net Finally, we look forward to positive involvement with the community and maintaining an open dialogue throughout this entire process. Thank you for your time and consideration. Sincerely, ILA v7.. Robb Tyler Acer Homes, LLC 2 #i-" + CAY ,f t .. nr_ ■fit $�r I. , _ , ." , '.,:::,-,, .-,,":. • ,fir;.4 ,, ''''::Att.A,':.;* :''.' 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' . 1 ,•• t IIMMOsnimmowsk -- fermi lam -——-- - ro Wilt=fgarat f, 41.11.1.1.,11....6..it.o...4, 111.1C0147 St ... ... Aoik 10. 0 Y 4 Bedroom . �lik 2- irrBath a� . .1 r 0... Approx. 1,778 sq. ft. Opt. Bonus Rm. Approx: 2,085 sq. ft. 0* .... li: 'rtrt`.C.r�':%.f;lf .i.:":.1't1111lt2' of k . .rat .. AV • .4; it w;� •.,. sr �,x� ....... �T;� . . ELEVATION A - f11 ,- I L7v' mot.-era . ti ' 4.•-___ • _,... 3:: 110 tr.Iilli1 Li.•.1;4 ELEVATION 8 — .-� f•�''c i z.far `" �.—y C A 1 t •.t y- - r4 .i 4 • ig _���� III 1110 ( : . jx�f• Yz:W7�^:': " ..t s� •w.if a y f i! ems'. ,e6 .. ____ ` ,, S, x 4 Bedroom ;��, _ )01LS 2- in Bath IA. Approx: i;778 sq. ft. Ilk ' .810‘. Opt, Bonus Rm. A rox: 2 085 s fit. P PP .q 0 .,.. 3.7.;__Thl CmCiika4.et."140 R00.4 -:8140.- CSW I? eiN — t 1 t- CannWG*WM Q r.. �`wu `i }r 14 f3tCA• 0412 r.. sr-weft=AA:, v I M%G ROO UPPEP, LEVEL .•r I I NOTED FLOOR PLAN 'A' ' _ ; ". _ j i+T.l K 60: liz_ii........ orrov 2 CAR WAGE 4 OPT,a#1 tra[Mat KYoIi «3:17+• ♦• •YMM.D.M).Y .. P•'AleM•.1wI+J A.••• May 27th, 2013 Notice of Neighborhood Meeting /'\ Re Property genet all' located at the aoutheust corner of Old Nest Mg!iacyv c&. Tomahawk Road(APNs 103-20-005, 103-20-006 103-20-015 & /03-20-017) Dear Neighbor This letter is being sent as a follow up to the letter inviting you the the neighborhood meeting Monday, June 3"1, 2013 The application to the City of Apache Junction is for a rezoning from General Rural Zone (GR) and CR-3 PD to Single Family Planned Development (CR-3 PD), which is consistent with the General Plan of medium density residential We hope to-see you at the neighborhood meeting to be held at the date, time and location below Monday,June 3",2013 6:00 PM Multi-Generational Center„ • Room 11•7 1035 N Idaho Road ^ Apache Junction Arizona 85219 If you have any questions regarding this matter prior to the meeting, please contact me at (602) 690-9119 or by email at Robbaargosa7 com You may also contact the City of Apache Junction Planning Division at (480)474-5090. Sincerely, gay? Robb Tyler Acer Homes, LLC Be(Agave Neighborhood Meeting Summary Introduction n The following is a summary of the neighborhood meeting held for Acer Homes, LLC's application with the City of Apache Junction for rezoning the property located at the northeast corner of Tomahawk Road and 19th Avenue from General Rural Zone and CR-3 PD to a uniform Single Family Planned Development (CR-3 PD). The Neighborhood meeting was held on Monday June 3rd, 2013 at 6.00 PM at the Multi-Generational Center, Room #117, 1035 N. Idaho Road, Apache Junction, Arizona 85219 Attached to this summary are the following documents • Copy of Neighborhood Meeting Notification Letters • Copy of Neighborhood Notification List • Neighborhood Meeting Sign-In Sheets Neighborhood Notification A letter which summarized the application request and provided notification for the neighborhood meetings was sent on Thursday, May 23td to the names on our notification list.(see attached), which consists of property owners within,300.feet,,vf the subject property (56 names) A second notice for the neighborhood meeting was sent on Tuesday, May 28th. The property owners list was obtained from the Final County Assessor by First Amencan Title approximately 2 weeks prior to the mailings. Summary of Neighborhood Meeting There were 13 adults and 3 children who attended the meeting Robb Tyler, representing Acer Homes, lead the discussion. He began by giving the neighbors an overview of the proposed site plan and the proposed single story restriction on lots 79,84,85,86, 93 &94. There was some discussion about the abandonment of FPEs to the south of the project and the use of 19th avenue by just two properties There was also some follow up discussion regardLng drainages on the property that supplemented prior conversations that Robb Tyler had while going door to door to the neighboring properties. Without exception, all neighbors in attendance expressed their enthusiastic support for the development of the subject property in general and the Bel Agave site plan specifically } John and Janet Evers (1974 S. Wickiup) expressed their concern about the existent southbound traffic on Wickiup traveling and taking the corner onto 20th Avenue at unsafe speeds. Even though Bel Agave only has an emergency access on Wickiup, they are concerned that there will be at least a little increase in southbound traffic on Wickiup as people attempt to avoid the light on Tomahawk and the Old West Highway. To this end, they feel a stop sign on the NW corner of Wickiup and 20ih Avenue for southbound traffic is already needed and they would like to see the addition of one as part of the development of Bel Agave The addition of a stop sign was their only concern and they are very excited to see Bel Agave move forward Ann Mellens and Larry Tully (1685 E. 19th Ave) attended the meeting to review the site plan and verify that there will be no entrance to Bel Agave off of 19th Ave. Having verified that the site plan had not changed since they reviewed it initially (at the time Robb Tyler visited with them at their home), they voiced a strong desire to see the development move forward as proposed Dennis (Jim) and Theresa Evans (1950 S. Wickiup Rd) expressed their concern about the flow of water down Wickiup and through the existent drainage to the back of their property becoming greater with the displacement from pavement and rooftops in Bel Agave when it is fully developed Robb discussed the difference between on-site water and off-site water flows and the developer's obligation to engineer the site in such a way that all on-site water is retained in retention basins Additionally, there was discussion as to the requirement that the off-site flows remain unchanged in their historical quantities and ingress/egress from the • -- property. After further discussion and examination of the proposed site plan, Jam and Theresa indicated they felt their concerns were valid but already accounted for ^ in the site plan. Additionally, they (and the three children with them) indicated they were very excited to have this development in their neighborhood and hoped there would be many more families with children Charles and Lisa Montgomery (1809 E. 19th Ave) were in attendance to express their full support for the proposed development. They did have a concern regarding the re-addressing of their property back to its original address on 20th Avenue and potential implications for their auxiliary building Robb conveyed his understanding of the matter based on discussions with Development Services staff and offered to be of help in furthering discussions between Lisa and Rudy. Lisa indicated she would reach out to Rudy on her own and let Robb know if there was anything he could do to help facilitate the discussion. Anthony (Tony) Smith (1920 E. 18th Ave) wanted the developers to be aware of the surface drainage from his parcel and how it progresses south onto the subject property He did not feel any drastic measures would need to be taken to accommodate the run-off from his property and indicated he only brought it up so the designers would be mindful of it and account for it in their plans Additionally, he voiced a concern about the subsequent homeowners in Bel Agave not appreciating the historical equestrian use of his property Robb assured him that the proximity of horses (and other livestock) would be a matter of disclosure in the Public Report and that potential buyers would be made well aware of it Additionally, Robb indicated that the developers do not believe the proposed zoning change of the subject property would in anyway impact Tony's ability to continue to use his property as he has for over a decade. Tony felt that his concerns had been heard but remained slightly reluctant to see the open space he has enjoyed riding his horses on change in anyway Irwin Culver (1826 E. 20th Avenue) was in attendance to ensure that the six lots the developer had previously committed to deed restricting to single story had remained such. Upon learning that they were (and that the same had been communicated to Staff),he expressed his support for the development of the subject property In accordance with Tony, he thought it would be a good idea foi the Public Report to indicate that the properties surrounding Bel Agave historically were, currently are and will continue to be rural in their nature- livestock (equestrian, avian and elsewise) being a major component of that. Robb again reiterated that such language would be included in the Public Report and Irwin was satisfied Wayne and Cynthia Standage (1920 E 20th Ave) were in attendance to verify that the six lots the developer had previously committed to deed restricting to single story had remained such. Like Irwin, they considered themselves well answered They also expressed a concern regarding the use of fireworks in Bel Agave Robb agreed to restrict the use of any_aerial fireworks in the CC&Rs for the project —Wayne expressed a concern regarding the lighting of the-project-with streetlights and how it might adversely affect his property's enjoyment of the night sky. Robb informed Wayne that the developer has not yet undertaken lighting design, but fully intends to do so while limiting light pollution as much as possible for both the neighbors and the residents of Bel Agave. Wayne again expressed his strong support for the development as planned and offered to educate the developer on ways to help the eventual residents of Bel Agave be more comfortable with their equestrian neighbors to the north and south as well as offered his assistance in any way he reasonably could in assisting the development forward. Paul Magnee (owner of APN 102-07-2110 in the industrial area west of Tomahawk) was in attendance to express his delight and excitement to hearing of the proposed development He felt it was an excellent use of the property and believes the infill development will be nothing but a boon to the entire area He had no concerns. Overall the neighborhood meeting was very well attended and Bel Agave was very well received The neighbors are very pleased with the design and the prospect of quality infill development of the subject property leading to appreciation in the value of their own property. Pleased to see the proposed development, they are are anxious for the project to move forward successfully The development team will continue to work with the neighbors and keep them informed throughout the process. SIGN-IN SHEET LOCATION: MULTI-GENERATIONL CENTER, Room 117 1035 N. Idaho Rd, Apache Junction owN Time: Monday, June 3rd at 6.00 PM Applicant: Acer Homes, LLC , Robb Tyler representative Case: PZ-3-13 & SD-2-13 Proposal to rezone 20 acres at roughly the southeast corner of Tomahawk Road and the Old West Highway (103-20-005, 006, 015 & 017) from GR & CR-3 PD to a homogenous CR-3 PD for the purposes of creating Bel Agave, a single family residential development with 120 home sites 6'0,49 /9 7y s, t,>,` :z {,oz -Gts='too7 *v. •.Ufa.)no1 Q Name Address Phone/Email ``)� hrJ C. 0ago S Name` Address Phone/Email /6,0J me.L. L gAis )4.Pis--A/4-24 ,91if /1.,kz) -,c;,7 3,; s- 1 Name Address Phone/Email f � G /21e / � 1 /G g5 Z i r�r ��o ` t -off , d Name Address Phone/Email /4NbAGe. 19 � 1 ��� y8a•S z ,Jk -7 Name Address Phone/Email 4714 /9 d -/ c,, -gyp �,� 'a , ,,7 Name Address Phone/Email SIGN-IN SHEET LOCATION: MULTI-GENERATIONL CENTER, Room 117 1035 N, Idaho Rd, Apache Junction Time• Monday, June 3rd at 6:00 PM Applicant- Acer Homes, LLC , Robb Tyler representative Case: PZ-3-13 & SD-2-13 Proposal to rezone 20 acres at roughly the southeast corner of Tomahawk Road and the Old West Highway (103-20-005, 006, 015 & 017) from GR & CR-3 PD to a homogenous CR-3 PD for the purposes of creating Bel Agave, a single family residential development with 120 home sites 1),74170 is c t�� f q20 E /r r�I =' �� •77q ffori ' Name / Address Phone/Email a0-1'‘CS. L6�A ,? 9 E /9 Au _ Cleo 2(13 01?, - Name - Address Phone/Email Cy-,Ike\A\ Name Address Phone/Email J/L'I CO 6 a 2c zieco 7 6 Name Address Phone/Email Name Address Phone/Email Name Address Phone/Email ROLL CALL VOTE t 1NOTES P ' -k \\1./, ilt, ITEM # MEETING OF V \ ) MOTION BY. 04P SECONDED BY YES NO ABSTAINED COUNCILMEMBER SERDY ✓ COUNCILMEMBER RIZZI COUNCILMEMBER EVANS V COUNCILMEMBER WILSON V COUNCILMEMBER WALDRON ✓ VICE MAYOR BARKER MAYOR INSALACO ✓ UNANIMOS IN FAVOR OPPOSED ABSTAINED TOTAL ROLL CALL VOTE NOTES: ill)el_ V � ITEM # V MEETING OF 4D\C) 441,/ MOTION BY: SECONDED BY: 41./.:\p, 7 YES NO ABSTAINED VICE MAYOR BARKER COUNCILMEMBER WALDRON j . , COUNCILMEMBER WILSON V / COUNCILMEMBER EVANS V COUNCILMEMBER RIZZI .1/1/, COUNCILMEMBER SERDY \.7 MAYOR INSALACO UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL \ / oink ITEM NO. 6 I MOVE THAT ORDINANCE NO 1393 BE READ BY TITLE ONLY AND THAT THE READING OF THE ENTIRE ORDINANCE BE WAIVED. (Call upon the city clerk to read Ordinance No 1393 by title only.) odftiv- I MOVE THAT ORDINANCE NO. 1393, AS READ BY THE CITY CLERK, (BE APPROVED AND ADOPTED) OR(BE DENIED) I MOVE THAT ORDINANCE NO 1393, AS READ BY THE CITY CLERK, BE APPROVED AND ADOPTED WITH THE FOLLOWING AMENDMENTS. PUBLIC HEARING P'1 1. For PROPOSED RESOLUTION NO. 13-31, CASE SD-2-13,A REQUEST BY ROBB TYLER REPRESENTING ACER HOMES LIMITED LIABILITY CORPORATION AND PARPAC RETIREMENT PLAN, ET AL,FOR APPROVAL OF A PRELIMINARY PLAT FOR A 120-LOT SINGLE FAMILY HOMES SUBDIVISION ON 20 GROSS ACRES AT THE SOUTHEAST CORNER OF 16TH AVENUE AND TOMAHAWK 2. Will SENIOR PLANNER RUDY ESQUIVIAS speak to the Council? 3. Will the applicant or spokesperson please speak to the Council on this item? 4. Is there anyone from the public who wishes to speak on this item? (Are there any "Request to Speak" forms?) 5. If not, this hearing is closed. 6. Is there any discussion? 7. Call for a motion. 8. Call for a second. 9. Roll call vote. 1.41P " City of Apache Junction, Arizona 300E Superstition v ti Boulevard Q Agenda Item Cover Sheet Apache Junction AZ 85119 �• Ate. ; "Aya Agenda Item No.7 .rdi File ID: 13-200 Sponsor Rudy Esquivias Agenda Date. 8/6/2013 Index. Outside Scope of Council Priorities In Control- City Council Meeting p Proposed Resolution No 13-31 (Case SD-2-13), a request by Robb Tyler representing Acer Homes Limited Liability Corporation and PARPAC Retirement Plan, et al , for approval of a preliminary plat for a 120-lot single family homes subdivision on 20 gross acres at the southeast corner of E 16th Avenue and S Tomahawk Road This request accompanies rezoning case PZ-3-13 Consideration and action Attachments: SD-2-13 City Council cover memo, Proposed Pre-Plat Resolution No 13-31 City of Apache Junction,Arizona Page 1 Printed on 7/29/2013 FpcHE OAP ,f4- 0� v .. ,_ City of Apache Junction qR� �p Development Services Department Date. July 24, 2013 To• Honorable Mayor and City Council Members Through: George Hoffman, City Manager Brad Steinke, Development Services Director From: Rudy Esquivias, Senior Planner/Zoning Admin. Subject. August 6, 2013, City Council Public Hearing Items: PZ-3-13 & SD-2-13 Acer Homes LLC/Tyler Background Robb Tyler, representing Acer Homes LLC and PARPAC Retirement Plan, Et Al. , has applied for rezoning and preliminary plat approval for a proposed 120-lot planned development subdivision to be called "Bel Agave". The development plan proposes to rezone +/-15-gross-acres of the property from GR (General Rural) to CR-3/PD (Single-Family Residences by Planned Development) ; and to amend an existing development plan for an additional adjacent 5-acres already zoned CR-3/PD, and to plat the entire 20 acres for 120 lots for single-family homes with private amenity areas The previously undeveloped property is located at the southeast corner area of S. Tomahawk Road and E. 16th Avenue eiN Planning and Zoning Commission Recommendation On June 25th, 2013, the Planning and Zoning Commission held a public hearing regarding the requests (P&Z staff report and exhibits attached) The Commission voted to recommend approval of the PD rezoning with all recommended conditions, by a vote of 3 to 1 (two Commissioners absent, one vacancy) . The dissenting vote was cast in opposition to the small lot sizes and reduced setbacks No neighbors spoke at the public hearing. City Council Work Session Comments At their work session on July 15, Councilmembers raised several issues about the proposal, including accommodation of overflow parking, the small lot sizes, landscaping at entrances, responsibility for enforcing storage and fireworks rules, lack of lot layouts which illustrate proposed setbacks; and the possibility of extending street improvements on Tomahawk to Old West Highway Staff spoke to the applicants about Council' s concerns. The applicants believe that guest parking can be adequately accommodated by providing two guest spaces in each driveway and by allowing parking on one side of the private streets They emN would rather offer their prospective residents the amenity of a swimming pool rather than a guest parking lot With regard to the small lot sizes and the submittal' s lack of lot layout diagrams, please see the additional lot layout exhibits which illustrate that the homes they are proposing do fit within the requested setbacks and that some of the designs can even allow for 18' or 20' driveways . Acer Homes would like to offer the choice of 18' or 20' driveways to their customers as options. Staff will work with the applicants towards mitigating view obstructing landscaping at the entrances during the final plat and improvement plans submittal review process At the Council work session, the City Attorney opined on the enforceability of storage and fireworks restrictions. With regard to the prohibition on fireworks in the subdivision, the applicants were simply responding to concerns from surrounding neighbors Lastly, the applicants are open to discussing the possibility of partnering with the City to extend street improvements beyond OIN the property frontage on Tomahawk and they are aware that a similar arrangement was made with Mr. Hassell during the processing of the Villagio Subdivision. Conclusion Staff presents for the Council' s consideration attached Ordinance No. 1393, which represents the Commission and staff recommendation for approval of the proposed rezoning and PD plan amendment with conditions, as well as Resolution No. 13-31 for the approval of the preliminary plat with conditions Council may approve, amend or deny the requests as they see fit. Attachments. - Draft Ordinance No 1393, - Draft Resolution No 13-31, - Conceptual Lot Layouts illustrating setbacks, - PZ Staff Report from June 25, 2013, - Attachments to P&Z report (large format drawings not included as electronic attachments) RESOLUTION NO. 13-31 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, APPROVING A PRELIMINARY SUBDIVISION PLAT FOR THE "BEL AGAVE" SUBDIVISION, IN CASE SD-2-13, BY ACER HOMES L L C. AND PARPAC RETIREMENT PLAN, ET AL , REPRESENTED BY ROBB TYLER. WHEREAS, the subdivider in Case SD-2-13 proposes to subdivide Pinal County Assessor Parcel Numbers 103-20-005, 103- 20-006, 103-20-015 and 103-20-017, approximately 20 gross acres (collectively, the "property") , into 120 residential lots for single-family homes, pursuant to Arizona Revised Statutes ("A.R. S. ") Title 9, Chapter 4, Article 6.2, and pursuant to the Apache Junction City Code, Volume II, Land Development Code, Chapter 1, Zoning Ordinance, Section 1-15-6, CR-3 Single-Family Residence Zone, Article 1-19, Planned Development Zoning District, and Chapter 2, Subdivision Regulations, and WHEREAS, parcel number 103-20-015 was previously rezoned and platted in 2006 for a subdivision to be called Vista Meadows, pursuant to Ordinance No 1256 and Resolution No 06- 42, but the final plat was never recorded and the subdivision was never built, and WHEREAS, approval of this resolution effectively rescinds the final subdivision plat for Vista Meadows, formerly approved by Resolution No. 06-42 and allows for said property to be redesigned and integrated into the subdivision plat for the proposed Bel Agave Subdivision; and WHEREAS, on June 25, 2013, the Planning and Zoning Commis elmS - sion held a public hearing regarding the preliminary plat for Case SD-2-13 and recommended approval of Case SD-2-13 by a vote of 3-1, with conditions, and WHEREAS, on August 6, 2013, the Mayor and City Council of the City of Apache Junction approved Ordinance No. 1393, which approved a new rezoning and Planned Development Plan for the Conventional Single-family Homes by Planned Development ("CR- 3/PD") zoned property; and WHEREAS, the Council finds this preliminary subdivision plat to be in compliance with the Apache Junction City Code, RESOLUTION NO. 13-31 PAGE 1 OF 4 Volume II, Land Development Code, Chapter 1, Zoning Ordinance and Chapter 2, Subdivision Regulations, and Ordinance No. 1393, which approved the rezoning and the Planned Development concept plan for the property; and WHEREAS, the property proposed to be developed with the Bel Agave Subdivision is legally described as follows: /11141 Parcel No. 1 The North half of the Southwest quarter of the Northwest quarter of the Southwest quarter of Section 27, Township 1 North, Range 8 East of the Gila and Salt River Base and Meridian, Pinal County, Arizona (Parcel No. 103-20-017) ; and Parcel No 2 • The East half of the Northwest quarter of the Northwest quarter of the Southwest quarter of Section 27, Township 1 North, Range 8 East of the Gila and Salt River Base and Meridian, Pinal County, Arizona (Parcel No. 103-20-005) , and Parcel No 3• The West half of the Northwest quarter of the Northwest quarter of the Southwest quarter of Section 27, Township 1 North, Range 8 East of the Gila and Salt River Base and Meridian, Final County, Arizona (Parcel No. 103-20-006) , and Parcel No 4 • The North half of the Southeast quarter of the Northwest quarter of the Southwest quarter of Section 27, Township 1 North, Range 8 East of the Gila and Salt River Base and Meridian, Final County, Arizona (Parcel No. 103-20-015) . NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council of the City of Apache Junction, Arizona, that: The preliminary subdivision plat for "Bel Agave" Subdivision, Case SD-2-13, is approved subject to the following conditions: 1) All conditions of approval for the CR-3/PD-zoned property as approved pursuant to planned development rezoning case PZ-3-13 shall govern the design and subsequent improvements of the Final Subdivision Plat. RESOLUTION NO 13-31 PAGE 2 OF 4 eS 2) Within one year of Preliminary Subdivision Plat approval, the developers shall submit for formal review, the Final Subdivision Plat and improvement plans for the proposed subdivision. 3) Street improvements along S Tomahawk and S Wickiup Roads, including but not limited to, the extension of pavement and the provision of sidewalks, curbs, gutters, streetlights, fire hydrants, landscaping, etc , shall be designed and constructed according to the City of Apache Junction Engineering Guidelines. Additional off-site improvements along the property' s East 18th and East 19th Avenue frontages shall also be provided subject to the City Engineer' s determination at the time of final subdivision plat and improvement plans submittal 4) The Conditions, Covenants and Restrictions ("CCRs") for Bel Agave shall also include provisions to address the following. prohibition on owners using garages for personal storage to the extent that two normal passenger vehicles cannot be accommodated in them at all times; establishing a uniform system for garbage pick-up and mail-delivery; specifying that the home owners association ("HOA") is responsible for the maintenance and upkeep of the internal private streets, the common areas and the fencing and landscape improvements both internal and along the outside perimeter of the subdivision; and a prohibition on the use of fireworks in the subdivision 5) The property owners shall disclose to all prospective buyers, prior to sale, that there are neighboring horse properties in the immediate area. 6) The developer shall work with and coordinate separately with all known utility companies which serve Apache Junction, to extinguish the 33' and 66' wide utility easements/federal patented easements which conflict with the design of the proposed subdivision, prior to or upon final plat approval. The City shall extinguish its rights to said easements for roadway purposes upon approval of the final subdivision plat or by separate instrument. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS DAY OF , 2013 RESOLUTION NO. 13-31 PAGE 3 OF 4 ON ON SIGNED AND ATTESTED TO THIS DAY OF 2013. JOHN S INSALACO Mayor /'1 ATTEST: KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM: RICHARD J. STERN City Attorney RESOLUTION NO. 13-31 PAGE 4 OF 4 ROLL CALL VOTE NOTES: ()):5' V ' bitof P ITEM # MEETING QFH � / J MOTION BY �-�/ SECONDED BY: / YES NO ABSTAINED COUNCILMEMBER RIZZI 'V / COUNCILMEMBER WILSON V VICE MAYOR BARKER COUNCILMEMBER SERDY V / COUNCILMEMBER EVANS V/ COUNCILMEMBER WALDRON MAYOR INSALACO UNANIMO S IN FAVOR OPPOSED ABSTAINED TOTAL ITEM NO. 7 I MOVE THAT RESOLUTION NO 13-31, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, APPROVING A PRELIMINARY SUBDIVISION PLAT FOR THE"BEL AGAVE" SUBDIVISION, IN CASE SD-2-13, BY ACER HOMES L.L.C. AND PARPAC RETIREMENT PLAN, ET AL., REPRESENTED BY ROBB TYLER, (BE APPROVED) OR(BE DENIED). ift5I..714NCity of Apache Junction, Arizona 300 Boulevard IS` � Agenda Item Cover Sheet Apache Junction,AZ 85119 • Agenda Item No 8 File ID: 13-178 Sponsor. George Hoffman Agenda Date:8/6/2013 Index. In Control. City Council Meeting on... Appointment to fill vacany on the Sewer District Board Interviews were conducted at the August 5 City Council Work Session This appointment will expire on July 7th, 2014 Consideration and appointment Attachments• City of Apache Junction,Arizona Page 1 Printed on 7/29/2013 ROLL CALL VOTE NOTES 1P\I� ITEM # MEETING OF MOTION BY SECONDED BY: CAlt //YES NO ABSTAINED COUNCILMEMBER WILSON L/ COUNCILMEMBER SERDY COUNCILMEMBER WALDRON COUNCILMEMBER RIZZI j/ VICE MAYOR BARKER f COUNCLMEMBER EVANS V MAYOR INSALACO UNANIMOUS I FAVOR OPPOSED ABSTAINED TOTAL 1 ROLL CALL VOTE NOTES: /P 3 ITEM # MEETING OF tAl MOTION BY: �/ SECONDED BY: YES NO ABSTAINED VICE MAYOR BARKER COUNCILMEMBER WALDRON COUNCILMEMBER WILSON COUNCILMEMBER EVANS COUNCILMEMBER RIZZI COUNCILMEMBER SERDY MAYOR INSALACO UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL oak /'ik owisk oosik ITEM NO. 8 I MOVE THAT BE APPOINTED TO THE SUPERSTITION MOUNTAINS COMMUNITY FACILITIES DISTRICT NO 1 FOR A TERM TO EXPIRE JULY 7, 2014. «'�r 300E Superstition City of Apache Junction, Arizona r Boulevard qX Apache Junction,AZ 85119 " o Agenda Item Cover Sheet Agenda Item No.9. File ID 13-160 Sponsor. Bryant Powell and Liz Riley Agenda Date 8/6(2013 Index City Internal Issue In Control:City Council Meeting Council Direction to staff on the City of Apache Junction labor market Direction to Staff At the July 15, 2013 City Council Work Session, staff proposed a revised labor market to be used for purposes related to employee classification and compensation Staff respectfully requests council direction regarding revision of the City of Apache Junction labor market Attachments: Memo Labor Mkt 071513,Powerpoint Labor Mkt 071513 City of Apache Junction,Arizona Page 1 Printed on 7/29/2013 (4§,cHE do City of.,Apache function U � Z Home of the Superstition Mountains �R/ZONP DATE• JULY 15, 2013 TO. HONORABLE MAYOR AND CITY COUNCIL MEMBERS THROUGH. GEORGE HOFFMAN, CITY MANAGER FROM• BRYANT POWELL,ASSISTANT CITY MANAGER ELIZABETH RILEY, HUMAN RESOURCES DIRECTOR SUBJECT. PROPOSED CHANGES TO THE CITY OF APACHE JUNCTION LABOR MARKET In an effort to attract and retain qualified employees in conjunction with a goal to offer equitable pay more in line with those towns and cities that are more comparable to the City of Apache Junction, I asked staff to conduct research on our labor market. The methodology used in the selection of cities and towns included consideration with whom we should be comparing ourselves to, a desire to select those that are growing communities on the periphery of the core metropolitan area, those that are comparable in population,those that the City of Apache Junction may remain comparable to in the future years to come;and including at least one large community We feel confident that the cities selected deal with similar issues we deal with All have dealt or are dealing with growth, infrastructure management, and updating internal systems, in general cities in transitions Provided this information we present the following towns and cities as our new proposed labor market Mesa Avondale Goodyear Buckeye Casa Grande Maricopa Oro Valley Marana Queen Creek .•� This work in establishing a new labor market is in preparation for the class and compensation plan the city is proposing to conduct this Fiscal Year 2013-2014. We expect to return to the council meeting on August 6ch for direction to staff on selecting a labor market. 7/22/2013 City of Apache Junction Proposed Labor Market New Proposed Labor Market Cities --• • Avondale • Buckeye • Casa Grande • Goodyear • Marana • Maricopa • Mesa • Oro Valley • Queen Creek 1 7/22/2013 Comparable Large City Mesa Proximity Cities Mesa Queen Creek 2 7/22/2013 Comparable Suburbs of the Urban Metro Area t Each of these cities population ranges between 26,000 and 76,000 people Avondale Goodyear Buckeye Casa Grande Marana Oro Valley Queen Creek City Population We are in the top 25th percentile of all Arizona cities and towns (35,840 pop) We compare ourselves to a disproportionate sized group within the top 25th percentile in population 3 RO CALL VOTE /e NOTES .0)5)3t ► y i ' -')v):,? 1 ' °I\ g � 13 ITEM # MEETING OF c )'0 MOTION BY SECONDED BY YES NO ABSTAINED COUNCILMEMBER EVANS I/ VICE MAYOR BARKER 1 COUNCILMEMBER RIZZI I COUNCILMEMBER WALDRON V COUNCILMEMBER SERDY COUNCILMEMBER WILSON ilj MAYOR INSALACO UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL oak ITEM NO. 9 I MOVE THAT THE FOLLOWING DIRECTION BE GIVEN TO STAFF REGARDING THE CITY OF APACHE JUNCTION LABOR MARKET• ROLL CALL VOTE NOTES ^/ 4\\ \ (KiITEM# �� r MEETING OF (j1. (' MOTION BY: SECONDED BY YES NO ABSTAINED COUNCILMEMBER WALDRON I COUNCILMEMBER EVANS COUNCILMEMBER SERDY / VICE MAYOR BARKER ,/ / COUNCILMEMBER WILSON ��/ COUNCILMEMBER RIZZI MAYOR INSALACO UNANITUS IN FAVOR OPPOSED ABSTAINED TOTAL omit ITEM NO. 10 I MOVE THAT AN EXECUTIVE SESSION AT 5.45 P M , AND A WORK SESSION AT 7.00 P M , BE HELD ON MONDAY, AUGUST 19, 2013, IN THE CITY COUNCIL — CONFERENCE ROOM AND CITY COUNCIL CHAMBERS RESPECTIVELY, AND THAT AN EXECUTIVE SESSION AT 5.45 P.M. BE HELD ON TUESDAY, AUGUST 20, 2013, IN THE CITY COUNCIL CONFERENCE ROOM. ADJOURNMENT: D-} j I MOVE THAT THE MEETING BE ADJOURNED AT� P M 4.- t. ROLL CALL t,i WS:�j< 13 REG J.i\ PEC: 03 CITY COUNCIL. P i A P )/A P / A MAYOR INSALACO / `� "` VICE MAYOR BARKER I 1% COUNCILMEMBER EVANS V COUNCILMEMBER RIZZI V COUNCILMEMBER SERDY V COUNCILMEMBER WALDRON V / V . COUNCILMEMBER WILSON V TOTAL11 1 CITY STAFFi\, ' City Manager George Hoffman ` f\,0 IVO ki) Assistant City Manager Bryant I ✓ Powell /� / City Clerk Kathleen Connelly / City Attorney Joel Stern V V Deputy Chief Tom Kelly ✓ / I/ Public Works Director Giao ✓ / I/ Pham Parks & Recreation Director Jeff Bell Library Director Spencer Paden V Finance Director Donna ' / Meinerts V Development Svcs Director Brad Steinke Human Resources Director Liz / Riley V Assistant to the City Manager C ° f Matt Busby / 1; '" OTHERS: ,/ l , "'"U i. ti) - t().$