HomeMy WebLinkAbout2014 06.16 City Council Work Session Agenda City of Apache Junction, Arizona Meeting location:
City Council Chambers
1U Z at City Hall
Agenda 300 E.Superstition Blvd.
\gilONr Apache Junction,AZ
- City Council Work Session 85119
apachejunctionaz.gov
Ph:(480)982-8002
Monday,June 16,2014 7:00 PM City Council Chambers
A. CALL TO ORDER
B. ROLL CALL
C. AGENDA ITEMS
1. 14-307 Presentation and discussion on a proposed planned development
major amendment application, case PZ-2-14, a request by Bel Agave
LLC, represented by Dan Kauffman, seeking approval to develop the
Bel Agave Subdivision as a 55-plus, age-restricted community of
single-story homes and a community garden. Presentation and
discussion.
Sponsors: Rudy Esquivias
Attachments: PZ-2-14 CC WS cover memo
PZ-2-14 PZ report and attachments
Pacific Alaska Leasing letter re Bel Agave
2. 14-292 Presentation and discussion on the draft Apache Trail Public
Information Plan. Presentation and discussion.
Sponsors: Bryant Powell
3. 14-298 Presentation and discussion on the response to the city's notice of
inviting bid proposals for PW 2014-05 Janitorial Services in which
three bids were received. Staff is recommending entering into an
agreement with GCA Services Group for the base bid of$145,922.70,
including a 10% contingency, for a period of one (1)year with the
option to renew with four(4) additional one-year periods.
Presentation and discussion.
Sponsors: Heather Hodgman
City of Apache Junction,Arizona Page 1 Printed on 611512026
City Council Work Session Agenda June 16,2014
4. 14-306 Presentation and discussion on proposed Resolution No. 14-32,
authorizing the city to approve Amendment No. 2 the
Intergovernmental Agreement with Arizona Department of
Transportation for Highway Safety Improvement Program grant funds
for the construction of an intersection safety improvement project at
the intersection of Idaho Road (SR 88)and Old West Highway.
Presentation and discussion.
Sponsors: Emile Schmid
Attachments: Res 14-32 Memo to council.pdf
Resolution No 14-32 IGA-2 Combined.pdf
D. ADJOURNMENT
Copies of this agenda and additional information regarding any of the items listed above may be obtained
Monday through Thursdays, 7:00a—6:00p, excluding holidays, from the City Clerk's office located at.
300 East Superstition Boulevard,Apache Junction,AZ
If any person with a disability needs any type of accommodation,please notify the Human Resources
Office, at(480)474-2617 or(480) 983-0095(TDD)at least 72 hours prior to the scheduled time.
City of Apache Junction,Arizona Page 2 Printed on 611512026
►P�"E�c�, City of Apache Junction, Arizona 300 E Superstition
Boulevard
o Agenda Item Cover Sheet Apache Junction,AZ
U =i 85119
Agenda Item No. 1.
�Piz oN* File ID: 14-307
Sponsor: Rudy Esquivias Agenda Date: 6/16/2014
Index: In Control: City Council Work Session
Presentation and discussion on a proposed planned development major amendment
application, case PZ-2-14, a request by Bel Agave LLC, represented by Dan Kauffman, seeking
approval to develop the Bel Agave Subdivision as a 55-plus, age-restricted community of
single-story homes and a community garden. Presentation and discussion.
City of Apache Junction,Arizona Page 1 Printed on 611512026
pp pCHg
Z City of Apache Junction
gRIzoNP Development Services Department
Date: June 4, 2014
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: June 16, 2014, City Council Work Session Item:
PZ-2-14 Bel Agave LLC/Kauffman
Background
Within the last year, Acer Homes LLC and PARPAC Retirement Plan (et
al) , represented by Robb Tyler, received rezoning, preliminary plat
and final plat approval from the City Council for their proposed 101-
lot planned development subdivision called "Bel Agave". The
development plan rezoned and platted the 20-gross-acres property at
the southeast corner area of S. Tomahawk Road and E. 16t' Avenue to a
CR-3/PD (Single-Family Residences by Planned Development) -zoned
subdivision of one and two-story single-family homes with private
amenity areas . The final plat has not yet been recorded, pending
submittal of several final items (see condition #1 of Resolution No.
14-07) .
Mr. Dan Kauffman is now the majority owner of the subdivision and he
is requesting a Planned Development ("PD") major amendment to market
and sell Bel Agave as a 55-plus community of single-story homes and is
also proposing an additional amenity of a community garden within the
subdivision. Mr. Kauffman is not proposing to change the subdivision
plat itself, but is asking to change some of the zoning conditions
applicable to the property, as detailed in the attached P&Z report.
Planning and Zoning Commission Recommendation
On May 27t', 2014, the Planning and Zoning Commission held a public
hearing regarding case PZ-2-14 (P&Z staff report and exhibits
attached) . The Commission unanimously voted to recommend approval of
the PD major amendment request with all recommended conditions. No
neighbors spoke at the public hearing.
Attachments: PZ Staff Report from May 27, 2014, with all attachments.
City of Apache Junction
° Development Services Department
PLANNING AND ZONING COMMISSION
PUBLIC HEARING STAFF REPORT
DATE: May 27, 2014
CASE NUMBER: PZ-2-14
APPLICANTS/OWNERS: Bel Agave LLC
REPRESENTATIVE: Dan Kaufman
REQUEST: An application requesting approval of a
Planned Development major amendment to the
proposed Bel Agave Subdivision, seeking to
develop the property as a 55-plus, age-
restricted community of single-family
homes, with amenities and a community
garden.
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; zoned CR-3/PD
(Conventional Single-family Homes by
Planned Development) .
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) ;
West : Industrial and single-family
homes (zoned CI-1 and TH) .
PZ-2-14 (Bel Agave LLC/Kaufman)
PAGE 2 OF 9
BACKGROUND
The 20-acre subject site (see vicinity and zoning map attached)
has never been developed to the best of staff' s knowledge . In
2005 , the easternmost 5-acres of the property was rezoned from
GR to CR-3/PD and platted for the 16-lot Vista Meadows Subdiv-
ision (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
the improvement bond, the plat was never recorded and thus the
subdivision was never built .
In 2013 , the Commission and Council considered a new rezoning
proposal and development plan for the old Vista Meadows
property, along with another vacant 15 acres directly west of
it, in the proposed Bel Agave Subdivision. Pursuant to cases
PZ-3-13 and SD-2-13 , the Commission recommended approval of, and
the City Council did approve, a rezoning for the entire 20 acres
to CR-3/PD; and the preliminary and final subdivision plats for
Bel Agave . The preliminary plat presented to the Commission
consisted of 120 lots for single family homes, with amenity
areas and extensive landscaping. The final plat approved by
Council was for a subdivision in much the same configuration
that the Commission saw, except with 101 lots (slightly larger
in size) and with the additional amenity of guest parking spaces
throughout the subdivision. Approved Ordinance No. 1393 and
Resolution Numbers 13-31 and 14-07 are attached for the
Commission' s information. While Bel Agave has received final
plat approval, the plat has not yet been recorded, pending
receipt of the items listed in condition #1 of Resolution 414-
07 .
During the rezoning and platting process for Bel Agave, the
community was never presented as, nor requested to be developed
as, an age-restricted community as part of the planned
development plan. Very recently and after approval of the final
plat, the previous property owners sold the property to Mr.
Kaufman. It is Mr. Kaufman' s desire to market Bel Agave as an
age-restricted community of single-story homes .
PZ-2-14 (Bel Agave/Kaufman)
PAGE 3 OF 9
PROPOSAL
Mr. Kaufman seeks approval of a planned development major
amendment to develop Bel Agave as a 55-plus community with
single-story homes and a community garden. Mr. Kaufman has
built many, many homes in Apache Junction, including Jacob' s
Ranch, Terra Morado and Broadway San Marcos, and he contends
that he gets many inquiries from seniors asking if he has a 55-
plus community to offer. Mr. Kaufman would like to offer such a
product as part of his portfolio, thus the reason for this
request .
Mr. Kaufman does not propose to change the final plat for Bel
Agave, just some of the conditions of zoning approval; including
the requirement to offer both one-story and two-story model
types (4 of each, with 3 elevation options each) . Instead, Mr.
Kaufman proposes to offer 6 model types , 3 elevation options
each and all single-story homes . The sizes of the models,
previously ranging from about 1000 square feet to about 2200
square feet in size, would be limited to smaller sized single-
story models ranging from 1045 square feet to 1750 square feet
in size, which are more conducive to senior living. As a trade-
off he also offers the additional amenity of a community garden
for Bel Agave residents, to be located just north of the
clubhouse, in addition to the other amenity areas . All other
applicable conditions of the previous zoning approval would
still apply, including the provision of extensive landscaping,
open space areas, perimeter walls with view fencing, guest
parking areas, walking paths, reduced setbacks, specific CC&R
provisions, etc . , as prescribed by the approved ordinance and
resolutions .
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 Roads with asphalt, sidewalk, curb,
gutter, street-lights, fire hydrants, and street frontage
landscaping. More limited improvements to 18th and 19th Avenues
will also be provided, as worked out with Public Works . The
internal streets will be private HOA-maintained streets . All
internal and perimeter landscape improvements will also be HOA-
maintained.
PZ-2-14 (Bel Agave/Kaufman)
PAGE 4 OF 9
PLANNED DEVELOPMENT APPROVAL
The proposed subdivision has already been found to be consistent
with the General Plan, and appropriate and in context with
surrounding residential-zoned areas . Planned Development
deviations requested mostly had to do with lot size, lot width
and setbacks . The following is a breakdown of the planned
development deviations granted as part of the planned
development zoning approval for Bel Agave:
• 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) . Many of the lots originally
proposed in Bel Agave were about 3465 SF in size (45 ' x 771 ) ;
there were a number of lots around 3850 (50 ' x 77' ) ; some at
4000 SF (50' x 801 ) ; and the corner and wedge-shape lots were
larger. The final plat saw slightly larger overall lot sizes,
mostly because the lot depths were increased.
• 60' is the minimum lot width in a straight CR-3 zone . This
development proposes minimum lot widths of mostly 45 ' and 501 .
• 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 251 , which would not
change with this request .
• 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 101 .
a The developer also requested 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 51 .
Some of the Planned development trade-offs offered in the
development 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 .
Pz-2-14 (Bel Agave/Kaufman)
PAGE 5 OF 9
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 into the design of the subdivision.
Four-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 were also required.
PLANNING AND ZONING COMMISSION WORK SESSION
At their work session on May 13 , Commissioners mainly enquired
about where the community garden was going, and if there were
any other 55-plus, conventional home neighborhoods in the City.
As mentioned above, Mr. Kaufman plans to make some room between
the clubhouse and lot 27 to provide an area where residents can
have a community garden. With regard to other 55-plus conven-
tional home neighborhoods in the City, Staff mentioned that
Apache Villa is probably the most well-known, although their
age-restricted status seems to be controlled by CC&Rs . Meridian
Manor is also 55-plus, but it is not all conventional homes .
Indian Summer Condos is 55-plus, but that is more apartment
style living. Someone mentioned Dolce Vita, but Dolce vita is
not a subdivision and it is a manufactured home development .
There are dozens of manufactured home and RV parks in the City
that are 55-plus, as well as a handful of RV subdivisions .
PLANNING DIVISION COMMENTS
The main question for the Commission and Council is a policy
question. Does the Commission and Council feel that Apache
Junction needs and/or could benefit from an age-restricted
conventional homes subdivision? There are many age-restricted
MH and RV parks in the City, but there are not many age-
restricted conventional home neighborhoods . The Commission and
Council members could probably make up lists of pros and cons
for such a proposal .
Staff presents the facts in this case as they currently exist;
and offers the following suggested language should the
Commission wish to recommend to Council that planned development
Ordinance No. 1393 be amended in favor of Mr. Kaufman' s request .
(Proposed changes are shown in highlights and flake . )
PZ-2-14 (Bel Agave/Kaufman)
PAGE 6 OF 9
RECOMMENDED MOTION
I move that the Planning and Zoning Commission recommend to the
Apache Junction City Council the (APPROVAL/DENIAL) of planned
development major amendment case PZ-2-14 , a request by Bel Agave
LLC, represented by Dan Kaufman, for the CR-3/PD (Conventional
Single-family Homes by Planned Development) -zoned Bel Agave
Subdivision, located at the southeast corner of S . Tomahawk Road
and E. 16th Avenue, allowing for a 55-plus age-restricted
community and amending conditions 4 , 6 , 7 and 9 of Ordinance No.
1393 to read as follows, but leaving all other conditions as
originally approved:
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-W 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-2-14 (Bel Agave/Kaufman)
PAGE 7 OF 9
C) 5-foot deep landscape strips shall be provided along
l8tn and 19th Avenues, but plantings along these
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, community garden area, 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
submitted with case PZ-2-14, and shall offer ground
PZ-2-14 (Bel Agave/Kaufman)
PAGE 8 OF 9
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 $- 6 single-story
model types, ranging in size from 1045 square feet to
1750 square feet, (-fear 1--stems-and feiar 2 sta s`
with 3 elevation options each. Two-car enclosed garages
and front yard landscape packages shall be provided for
each home . Lets 77, 78- 79, 89 , 88 and 92 -shall e
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 and PZ-
2-14, 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 homeowners association of the proposed subdivision.
PZ-2-14 (Bel Agave/Kaufman)
PAGE 9 OF 9
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.
l
Prepared VY y Ing
quivias
Senior P r/Zo Administrator
Attachments:
- PD Major Amendment application
- Public Participation Plan
- Approved Ordinance and Resolutions for Bel Agave
- PZ-2-14 Zoning and Vicinity Map
- Aerial image of property
- Aerial image of surrounding neighborhood
Bel Agave Final Plat layout
- Proposed elevations of model types
CITY OF APACHE JUNCTION
PLANNED DEVELOPMENT AMENDMENTS /TIME EXTENSION/ PR.ELIMINARY
PLANNED DEVELOPMENT PLAN REVIEW APPLICATION
UWe hereby request an Amendment/Time Extension/Pre-Plan Review for my/our Planned
Development zoned property. The request is as follows:
5 + m
The case number of the original Planned Development zoning was: _ S t) -
Please check appropriate letter:
❑ I have submitted site plans an/or elevations for a Preliminary Plan or an Amendment Request
11 I have submitted a new development schedule for a Time Extension request.
Legal Description of Property (found on County Tax Bill Notices): N 11 a SW U W SW sec a�-
E ovAC E 7T- I IJ 9,E 6 ,00 SeC,
N SE W 331 4 . 1 a ' E N VJ r-
County Assessor's Tax Parcel Number: 103-a0--01 T 1 b3- -UC15 tU3-
to3 -aQ-o15
Describe the reason for the Amendemnt/Time Extension /Pre-Plan Review for the property:
P\n1A 5 5 + Corn rn u_n I %, (!)
2n c-t e s �-
FOR OFFICE USE ONLY
Case No: Date Filed:
Receipt No: Proposed Ordinance No.
Application Received By: Fee Amount: $
I/We certify that:
I/We are the owner(s) of the property described in this Planned Development
Amendment/Time Extension/Pre-Plan Review application and have submitted copies of
deeds or title reports as proof of ownership.
I/We have read the application instructions and have truthfully completed this application
and understand that the City has the option of either approval or denial of this request
following conduct of a Public Hearing.
I/We, being the owner(s) of the property in this application, have appointed
as my/our representative agent. I/We have
authorized him/her to do whatever is necessary to have this request considered favorably
by the City of Apache Junction and agree that all correspondence relating to this matter
should be delivered to him/her.
PLEASE PRINT
v e_ LLC,
Property Ow r Frame Signature /
1("S IO Ave o-pne.-Foul—St
Street Address
F + - Ik 61
City, State, Zip Telephone
Property Owner Name Signature
Street Address
City, State, Zip Telephone
bin &L(dpw-to-n J.
Agent Name Signature
of T-k e_ FounfyL J I
Street Address
Us 25ale$ H FSu ! (0 Iss
City, State, Zip Telephone T
STATE OF ARIZONA ) The foregoing instrument was acknowledged before
SS me this day of 20 1 + .
COUNTY OF PINAL ) �-
TAMMY L TRAMMELL
Notary Public -Arizona ���� PT
Maricopa County
*my Comm. Expires Nov 19,201 Notary Public
My Commission Expires:
Citizen Participation Plan for Bel Agave Subdivision
Date- April 15 2014
Purpose: The purpose of this Citizen Participation Plan is to inform citizens, property owners, neighbor
associations, agencies, schools and businesses in the vicinity of the site of an application for the Bel
Agave Subdivision This site is located at 191h Ave and Tomahawk Rd , and is an application for an
Amendment to a 55+ community with single story homes with amenities and a community garden This
plan will ensure that those affected by this application will have an adequate opportunity to learn about
and comment on the proposal
Contact:
Dan Kauffman
PO Box 18571
Fountain Hills, AZ 85269
480-816-6155, 480-816-6160 (fax)
Email off ice(d)kauffmanhomes corn
Action Plan: In order to provide effective citizen participation in conjunction with their application the
following actions will be taken to provide opportunities to understand and address any real or perceived
impacts their development that members of the community may have
1 A contact list will be developed for citizens in this area including
• Interested neighbors—focused on 300 feet from this site, but may include more
2 All persons listed on the contact list will receive a letter describing the project, project
schedule, and site plan
3 Neighbors within 300 feet of the site will be contacted by mail to inform them of the project and
receive comments
4. Presentations will be made to groups of citizens upon request.
(All materials such as sign-in lists, comments and petitions received are copied to the City of Apache
Junction)
Schedule:
Application submittal—
Submittal of Citizen Participation Report and Notification materials—
Planning and Zoning Board Hearing —
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
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 Final 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-FamilZ 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 N0. 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 I 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 lsth 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 25W 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 50t of the
required trees shall be 24" box;
C) 5-foot deep landscape strips shall be provided along
lsth 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 fagades,
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
packages shall be provided for each home_ Lots 77, 7B,
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
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
portions thereof .
PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
APACHE JUNCTION, ARIZONA, THIS _ GTH _ DAY OF AUGQST , 2013 _
SIGNED AND ATTESTED TO THIS —61N DAY OF 2013 .
k
IN CO
Mayor
ATTEST:
�x r.
KATHLEEN CONNELLY
City Clerk
APPROVED AS TO FORM:
RICHARD JOEL STERN
City Attorney
ORDINANCE NO. 1393
PAGE 6 OF 6
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-
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 :
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) ; 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, Pinal 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
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 18`h 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 6TH DAY OF "<"•GUST 2013 .
RESOLUTION NO. 13-31
PAGE 3 OF 4
SIGNED AND ATTESTED TO THIS _6TH DAY OF A{ R1IcT
2013 .
J S. INS O
ayor
ATTEST:
KATHLEEN CONNELLY
City Clerk
APPROVED AS TO FORM:
,�O 729). ) 3
RICHARD J. STERN
City Attorney
RESOLUTION NO. 13-31
PAGE 4 OF 4
RESOLUTION NO. 14-07
A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE
CITY OF APACHE JUNCTION, ARIZONA, APPROVING A FINAL
SUBDIVISION PLAT FOR "BEL AGAVE SUBDIVISION" , IN CASE
SD-2-13 , BY ACER HOMES LLC, REPRESENTED BY ROBB TYLER.
WHEREAS, the subdivider in Case SD-2-13 proposes to plat a
subdivision for 101 detached single-family homes under the name
"Bel Agave" , 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, the property is legally described as follows :
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) ; 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, Pinal County, Arizona (Parcel No.
103-20-015) ; and
RESOLUTION NO. 14-07
PAGE 1 OF 3
WHEREAS, on August 6 , 2013 , the Mayor and City Council of
the City of Apache Junction approved Planned Development
rezoning case PZ-3-13 , Ordinance No. 1393 , approving the CR-3/PD
zoning and planned development concept plan for the 20-gross-
acres property, upon a recommendation for approval with
conditions from the Planning and Zoning Commission; and
WHEREAS, on October August 6, 2013 , the Mayor and City
Council of the City of Apache Junction approved the proposed
preliminary plat request for the platting of the proposed "Bel
Agave Subdivision" , case SD-2-13 , Resolution No. 13-31, upon a
recommendation for approval with conditions from the Planning
and Zoning Commission; and
WHEREAS, this City Council now finds the final subdivision
plat for "Bel Agave" to be in substantial compliance with 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, Chapter
2, Subdivision Regulations, and Ordinance No. 1393 .
NOW, THEREFORE, BE IT RESOLVED by the Mayor and City
Council of the City of Apache Junction, Arizona, that :
The final subdivision plat for "Bel Agave" is hereby approved,
subject to the following conditions :
1) The final plat map shall not be recorded until the
developer submits the following items to the city' s Public
works Engineering and Development Services Departments :
a) Subdivision improvement plans drawings incorporating all
requested revisions; and
b) Subdivision final plat mylar drawings incorporating all
requested revisions; and
c) Construction bond for the developer' s portion of the
adjacent right-of-way improvements ; and
d) Relinquishment documents for federal patented easements
(roads and utilities) no longer needed;
e) Drainage and Retention Agreement, signed by the property
owner; and
f) Copy of Approvals to Construct Potable Water and Sewer
from the Arizona Department of Environmental Quality.
RESOLUTION NO. 14-07
PAGE 2 OF 3
2) Upon compliance with Condition 1 above, Staff is directed
pursuant to A.R. S . Section 9-463 . 01 (J) to record the final
plat with the Pinal County Recorder and to collect the
final plat recording fee from the subdivider and remit such
amount to the Pinal County Recorder.
PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
APACHE JUNCTION, ARIZONA, THIS DAY OF
2014 .
SIGNED AND ATTESTED TO THIS DAY OF ,
2014 .
JOHN INSALACO
Mayor
ATTEST:
KATHLEEN CONNELLY
City Clerk
APPROVED AS TO FORM:
RICHARD J. STERN
City Attorney
RESOLUTION NO. 14-07
PAGE 3 of 3
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PACIFIC ALASKA LEASING
June 2, 2014
City of Apache Junction
City Council
300 East Superstition Blvd.
Apache Junction, AZ 85119
RE: Case PZ-2-14, Bel Agave Subdivision
Gentlemen,
As owner of the property at 1767 South Wickiup Road and a neighbor of Bel Agave Subdivision,
our only concern with the request by Bel Agave LLC is that this will result in commercially-zoned
property adjoining residentially-zoned property. We are concerned with potential complaints
from future residents regarding noise from vehicle loading and unloading operations. You may
want to consider requiring some sort of barrier or buffer zone to lessen the impact of
commercial operations on the quiet enjoyment of residents.
We wish to be a good neighbor and do not wish to oppose this request at this time; we just
would like the city council to be aware of and to consider possible future issues that may arise.
Thank you for your consideration of our comments.
Sincerely,
David G. Faulk r _-
Owner --
cc: Dan Kauffman, Kauffman Homes
9191 Old Seward Highway, Unit 15 •Anchorage, Alaska 99515
Phone (907) 349-9899• Fax (907) 349-3001 •www.akpacific.net
►P�"E�c�, City of Apache Junction, Arizona 300 E Superstition
Boulevard
= Agenda Item Cover Sheet Apache Junction,AZ
_ 85119
Agenda Item No.2.
Piz File ID: 14-292
Sponsor: Bryant Powell Agenda Date: 6/16/2014
Index: In Control: City Council Work Session
Presentation and discussion on the draft Apache Trail Public Information Plan. Presentation
and discussion.
Staff will discuss the draft Apache Trail Public Information Plan per council direction received
at the City Council Strategic Planning Session on April 12, 2014.
City of Apache Junction,Arizona Page 1 Printed on 611512026
►P�"E�c�, City of Apache Junction, Arizona 300 E Superstition
Boulevard
_+ Agenda Item Cover Sheet Apache Junction,AZ
85119
Agenda Item No. 3.
Piz File ID: 14-298
Sponsor: Heather Hodgman Agenda Date: 6/16/2014
Index: In Control: City Council Work Session
Presentation and discussion on the response to the city's notice of inviting bid proposals for
PW 2014-05 Janitorial Services in which three bids were received. Staff is recommending
entering into an agreement with GCA Services Group for the base bid of$145,922.70, including
a 10% contingency, for a period of one (1)year with the option to renew with four(4)additional
one-year periods. Presentation and discussion.
GCA Services Group $132,657.00 Base Bid
$25,297.28 Alternate Option
Square Feat $136,939.30 Base Bid
$19,322.10 Alternate Option
Octavian $195,684.28 Base Bid
$42,149.16 Alternate Option
City of Apache Junction,Arizona Page 1 Printed on 611512026
►P�"E�c�, City of Apache Junction, Arizona 300 E Superstition
Boulevard
o Agenda Item Cover Sheet Apache Junction,AZ
U =i 85119
Agenda Item No.4.
Piz File ID: 14-306
Sponsor: Emile Schmid Agenda Date: 6/16/2014
Index: In Control: City Council Work Session
Presentation and discussion on proposed Resolution No. 14-32, authorizing the city to approve
Amendment No. 2 the Intergovernmental Agreement with Arizona Department of Transportation
for Highway Safety Improvement Program grant funds for the construction of an intersection
safety improvement project at the intersection of Idaho Road (SR 88) and Old West Highway.
Presentation and discussion.
City of Apache Junction,Arizona Page 1 Printed on 611512026
�PQpCNF✓
ti Public Works Department
5
U Z
Home of the Superstition Mountains
gHIZON
Date: June 4, 2014
To: Mayor and Members of the City Council
Through: George Hoffman, City Manager
Giao Pham, Public Works Director
From: Emile Schmid, City Engineer
Subject: PW2011-05 SR 88/ Old West Highway Safety Improvements utilizing Highway
Safety Improvement Program (HSIP) funds
In 2011 city staff initiated and pursued utilizing Highway Safety Improvement Program (HSIP)
funds for the design and construction of an intersection safety improvement project at the
intersection of Idaho Road (SR 88) and Old West Highway. Resolution 11-27 was approved by
city council allowing the city to enter into an intergovernmental agreement (IGA) with ADOT
(JPA/IGA 11-089I) to proceed with this project. Amendment No. 1 was executed by the city
December 5, 2012 to reflect a change in the design engineering costs.
Per the original IGA, the city is responsible for any construction cost overages incurred by the
project. The current construction cost estimate prepared by ADOT's design consultant is higher
than what was originally programmed into the grant. The city Staff was able to work with ADOT
and MAG to secure funds to assist the city in paying for the overage. The purpose of proposed
Amendment No. 2 is to increase the construction funds as outlined below:
SH496 03D (sconing/design and ADOT Project Management Design Review Cost):
Federal-aid funds (@ 94.3% (capped) $ 118,445.00
City's match @ 5.7% (received) $ 7,159.00
Subtotal—Scoping/Design $ 125,604.00
SH496 01C(construction):
Federal-aid funds @ 94.3% (capped) $ 343,970.00
City's match @ 5.7% $ 20,791.00
City's contribution @ 100% $ 14,077.00
Subtotal—Construction (State administered) $ 378,838.00
575 E. Baseline Avenue, Apache Junction, AZ 85219
• Voice (480) 982-1055 # FAX (480) 983-5752 or (480) 982-8005
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Estimated TOTAL Project Cost** $ 504,442.00
Summary:
Total Estimated City Funds* $ 42,027.00
Total Federal Funds $ 462,415.00
* (Includes scoping/design match received by ADOT from the City)
** (Includes 15%CE and 5% Project contingencies)
Construction items for this project include raised medians along Idaho Road (south and north of
the intersection), sidewalk ramp upgrades to make them ADA compliant at all curb returns and
pedestrian refuge areas in the Old West Highway Medians, and drainage improvements. ADOT
is completing the design of this project this fiscal year, with construction to follow shortly
thereafter. Both city staff and ADOT feel that the construction of this project provides a
significant safety improvement and is beneficial to the travelling public and area residents.
575 E. Baseline Avenue, Apache Junction, AZ 85219
• Voice (480) 982-1055 # FAX (480) 983-5752 or (480) 982-8005
RESOLUTION NO. 14-32
A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF
APACHE JUNCTION, ARIZONA, AUTHORIZING THE CITY TO APPROVE
AMENDMENT NO. TWO TO INTERGOVERNMENTAL AGREEMENT WITH
ARIZONA DEPARTMENT OF TRANSPORTATION FOR HIGHWAY SAFETY
IMPROVEMENT PROGRAM GRANT FUNDS .
WHEREAS, Congress established the Highway Safety
Improvement Program ("HSIP") for the specific purpose of
achieving a significant reduction in traffic fatalities and
serious injuries on public roads; and
WHEREAS, the State and the City have identified systematic
improvements within the City as being eligible under this
program; and
WHEREAS, the purpose of this joint effort is to allow the
State to acquire federal funds for the design of an intersection
safety improvement project at the intersection of Idaho Road and
Old West Highway (the "Project") ; and
WHEREAS, the State shall be the designated agent for the
City; and
WHEREAS, the estimated total construction cost of the
Project is $378, 838 . 00, including construction engineering and
administration cost, which represents 100o funding; and
WHEREAS, Federal-aid funds will contribute $343, 970 . 00 for
construction of the Project; and
WHEREAS, the required City leftover matching funds for
construction of the Project is $34, 868 . 00; and
WHEREAS, the attached written amendment ("IGA/JPA 11-0891,
Amendment No. Two: 14-0004340-1") sets forth the financial and
administrative conditions for design of the Project.
RESOLUTION NO. 14-32
PAGE 1 OF 2
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COUNCIL OF THE CITY OF APACHE JUNCTION ARIZONA, AS FOLLOWS :
1) The Mayor and City Council hereby approve the attached
amendment no. two to intergovernmental agreement between
the City of Apache Junction and the Arizona Department of
Transportation ("TGA/JPA 11-0891, Amendment No. Two: 14-
0004340-I") and the Mayor is hereby authorized to sign the
agreement on behalf of the City.
2) Under the terms of IGA/JPA 11-0891 amendment, the City will
pay for the design and construction costs associated with
the Project.
3) The City Manager and/or his designee is authorized and
directed to take all steps necessary to carry out the
purpose and intent of this resolution.
PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
APACHE JUNCTION, ARIZONA, THIS DAY OF ,
2014 .
SIGNED AND ATTESTED TO THIS DAY OF 2014 .
JOHN S . INSALACO
Mayor
ATTEST:
KATHLEEN CONNELLY
City Clerk
APPROVED AS TO FORM:
RICHARD J. STERN
City Attorney
RESOLUTION NO. 14-32
PAGE 2 OF 2
ADOT File No.: IGA/JPA 11-089-1
ADOT CAR No.: 13-0000968-I
Amendment No. Two: 14-0004340-1
AG Contract No.: P0012011002114
Project: Construction & Installation
Section: Idaho Rd at Old West Highway
Federal-aid No.: APJ-0(204)A
ADOT Project No.: SH496 03D 01C
TIP/STIP No.: CAAG/MAG
CFDA No.: 20.205 -Highway Planning
and Construction
Budget Source Item No.: N/A
AMENDMENT NO. TWO
TO
INTERGOVERNMENTAL AGREEMENT
BETWEEN
THE STATE OF ARIZONA
AND
THE CITY OF APACHE JUNCTION
THIS AMENDMENT NO. TWO to INTERGOVERNMENTAL AGREEMENT (the "Amendment No.
Two"), entered into this date , 2014, pursuant to Arizona Revised Statutes §§
11-951 through 11-954, as amended, between the STATE OF ARIZONA, acting by and through its
DEPARTMENT OF TRANSPORTATION (the "State") and the CITY OF APACHE JUNCTION, acting by
and through its MAYOR and CITY COUNCIL (the "City"). The City and State are collectively referred to
as the "Parties."
WHEREAS, the INTERGOVERNMENTAL AGREEMENT, JPA/IGA 11-089-I, A.G. Contract No.
P0012011002114, was executed on August 9, 2011, (the "Original Agreement') and Amendment One
executed on December 6, 2011, (the "Amendment No. One"),
WHEREAS, the State is empowered by Arizona Revised Statutes § 28-401 to enter into this Amendment
No. Two and has delegated to the undersigned the authority to execute this Amendment No. Two on
behalf of the State;
WHEREAS, the City is empowered by Arizona Revised Statutes § 48-572 to enter into this Amendment
No. Two and has by resolution, a copy of which is attached hereto and made a part hereof, resolved to
enter into this Amendment No. Two and has authorized the undersigned to execute this Amendment No.
Two on behalf of the City; and
NOW THEREFORE, in consideration of the mutual agreements expressed herein, the purpose of
this Amendment No. Two is to increase the construction funds. The Parties desire to amend the
Original Agreement and Amendment No. One, as follows:
I. RECITALS
Page 2 ADOT File No.: IGA/JPA 11-089-I
CAR No.: 13-0000968-I
Amendment No. Two: 14-0004340-I
Section I. Paragraph 6 is added and the funding is revised, as follows:
6. The federal funds will be used for the scoping/design and construction of the Project, including
the construction engineering and administration cost (CE). The estimated Project costs are as follows:
SH496 03D (scoping/design and ADOT Proiect Management Design Review Cost):
Federal-aid funds @ 94.3% (capped) $ 118,445.00
City's match @ 5.7% (received) $ 7,159.00
Subtotal—Scoping/Design $ 125,604.00
SH496 01 C (construction):
Federal-aid funds @ 94.3% (capped) $ 343,970.00
City's match @ 5.7% $ 20,791.00
City's contribution @ 100% $ 14,077.00
Subtotal—Construction (State administered) $ 378,838.00
Estimated TOTAL Project Cost** $ 504,442.00
Summary:
Total Estimated City Funds* $ 42,027.00
Total Federal Funds $462,415.00
* (Includes scoping/design match received by ADOT from the City)
** (Includes 15% CE and 5% Project contingencies)
The Parties acknowledge that the final Project costs may exceed the initial estimate(s) shown above, and
in such case, the City is responsible for, and agrees to pay, any and all eventual, actual costs exceeding
the initial estimate. If the final bid amount is less than the initial estimate, the difference between the final
bid amount and the initial estimate will be de-obligated or otherwise released from the Project. The City
acknowledges it remains responsible for, and agrees to pay according to the terms of this Agreement,
any and all eventual, actual costs exceeding the final bid amount.
II. SCOPE OF WORK
Section II, Paragraph f. is replaced and Paragraphs i. and j. are added, as follows:
1. The State will:
i. Upon completion of design and prior to authorization, invoice the City, for the City's share of
Project construction costs currently estimated at$34,868.00. Once the Project costs have been finalized,
the State will either invoice or reimburse the City for the difference between estimated and actual costs.
De-obligate or otherwise release any remaining federal funds from the scoping/design phase of the
Project.
j. Upon receipt of the City's estimated share of the Project construction costs, submit all
documentation required to FHWA with the recommendation that funding be approved for construction.
Request the maximum programmed federal funds for the construction of this Project. Should costs
Page 3 ADOT File No.: IGA/JPA 11-089-I
CAR No.: 13-0000968-I
Amendment No. Two: 14-0004340-I
exceed the maximum federal funds available, it is understood and agreed that the City will be responsible
for any overage.
k. Upon FHWA authorization and with the aid and consent of the City, proceed to administer
construction, advertise for, receive and open bids subject to the concurrence of the City, to whom the
award is made and enter into a contract(s)with a firm(s)for the construction of the Project.
Section II, Paragraph d. is revised, as follows:
2. The City will:
d. Upon completion of design, within thirty (30) days of receipt of an invoice from the State and
prior to bid advertisement, pay the State, the City's Project construction costs, currently estimated at
$34,868.00. Once the Project costs have been finalized, the State will either invoice or reimburse the City
for the difference between estimated and actual costs.
III. MISCELLANEOUS PROVISIONS
Section III, Paragraphs 17. and 18. are added as follows:
17. Should the federal funding related to this Project be terminated or reduced by the federal
government, or Congress rescinds, fails to renew, or otherwise reduces apportionments or obligation
authority, the State shall in no way be obligated for funding or liable for any past, current or future
expenses under this Agreement.
18. The City acknowledges compliance with federal laws and regulations and may be subject to the
Office of Management and Budget (OMB), Single Audit, Circular A-133 (Audits of States, Local
Governments, and Non-Profit Organizations). Entities that expend $500,000.00 or more (prior to
12/26/14) and $750,000.00 or more (on or after 12/26/14) of federal assistance (federal funds, federal
grants, or federal awards) are required to comply by having an independent audit. Either an electronic or
hardcopy of the Single Audit is to be sent to Arizona Department of Transportation Financial Management
Services within the required deadline of nine (9) months of the sub recipient fiscal year end.
ADOT— FMS
Attn: Cost Accounting Administrator
206 S 17t"Ave. Mail Drop 204B
Phoenix, AZ 85007
SingleAudit(a-)_azdot.gov
EXCEPT AS AMENDED herein, ALL OTHER terms and conditions of the Original Agreement and
Amendment No. One remain in full force and effect.
THIS AMENDMENT NO. TWO shall become effective upon signing and dating of the Determination
Letter by the State's Attorney General.
IN ACCORDANCE WITH Arizona Revised Statutes § 11-952 (D) attached hereto and incorporated herein
is the written determination of each Party's legal counsel and that the Parties are authorized under the
laws of this State to enter into this Amendment No. Two and that the Amendment No. Two is in proper
form.
Page 4 ADOT File No.: IGA/JPA 11-089-I
CAR No.: 13-0000968-I
Amendment No. Two: 14-0004340-I
IN WITNESS WHEREOF, the Parties have executed this Amendment No. Two the day and year first
above written.
CITY OF APACHE JUNCTION STATE OF ARIZONA
Department of Transportation
By By
JOHN S. INSALACO DALLAS HAMMIT, P.E.
Mayor Senior Deputy State Engineer, Development
ATTEST:
By
KATHY CONNELLY
Clerk
ADOT File No.: IGA/JPA 11-089-I
CAR No.: 13-0000968-I
Amendment No. Two: 14-0004340-I
ATTORNEY APPROVAL FORM FOR THE CITY OF APACHE JUNCTION
I have reviewed the above referenced Amendment No. Two to the Original Agreement and
Amendment No. One between the State of Arizona, acting by and through its DEPARTMENT OF
TRANSPORTATION, and the CITY OF APACHE JUNCTION, an agreement among public agencies
which, has been reviewed pursuant to Arizona Revised Statutes §§ 11-951 through 11-954 and declare
this Amendment No. Two to be in proper form and within the powers and authority granted to the City
under the laws of the State of Arizona.
No opinion is expressed as to the authority of the State to enter into this Amendment No. Two.
DATED this day of , 2014.
City Attorney