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HomeMy WebLinkAbout2003-04-15 City Council Regular MinutesCITY COUNCIL REGULAR MEETING APRIL 15,2003 The regular meeting of the City Council of the City of Apache Junction, Arizona,was held on April 15,2003,at the Apache Junction City Council Chambers pursuant to the notice required by law. CALL TO ORDER Mayor Coleman called the meeting to order at 7:00 p.m. INVOCATION Vice Mayor Surra gave the Invocation. PLEDGE OF ALLEGIANCE Councilmember Dietz led the Pledge of Allegiance. ROLL CALL •Councilmembers Present:Mayor Coleman Vice Mayor Surra Councilmember Dietz Councilmember Durbala Councilmember Eck Councilmember Milkey Councilmember Urich Staff Present:City .Manager „George Hoffman Interim.Assistant City Manager/City Clerk .Kathleen Connelly City Attorney Joel Stern Public Safety Director Robert Warner City Engineer Ron Grittman Parks & Recreation Director Jeff Bell Public Works Director Doug Dobson Interim Development Svcs.Dir.Rudy EsquiVias REGULAR MEETING OF THE CITY COUNCIL APRIL 15 2003 PAGE 1 OF 29 Others Present: Interim Assistant City Manager/Assistant to the City Manager Bryant Powell Associate Planner Charles Beck Associate Planner Steve Abraham Grants Specialist Roger Hacker Management Assistant Shari Watson ACCEPTANCE OF CONSENT AGENDA .)Vice Mayor Surra MOVED THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED AND THAT APPROVAL BE GIVEN FOR THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF APACHE JUNCTION AND THE DEPARTMENT OF PUBLIC SAFETY TO PROVIDE CITY OF APACHE JUNCTION POLICE OFFICERS CONTINUED ACCESS TO THE STATE GANG INTELLIGENCE ENFORCEMENT MISSION FILES:AND THAT CLIFF AXT BE APPOINTED TO THE SUPERSTITION MOUNTAINS COMMUNITY FACILITIES DISTRICT NO.1 BOARD OF DIRECTORS FOR A TERM TO EXPIRE JULY 7,2004;AND THAT APPROVAL BE GIVEN FOR THE CHANGE ORDER FOR SPECIALTY CONTRACTORS IN THE AMOUNT OF $20,730.00 FOR RAISING ADDITIONAL WATER VALVES AND SEWER MANHOLES ON THE BROADWAY AVENUE PROJECT;AND THAT APPROVAL BE GIVEN FOR THE CHANGE ORDER FOR STANTEC IN THE AMOUNT OF $7,125.00 FOR ADDITIONAL ENGINEERING SERVICES ON SUPERSTITION BOULEVARD FOR THE SUPERSTITION BOULEVARD AND IRONWOOD PROJECT. Councilmember Urich SECONDED THE MOTION. VOTE:Unanimous. The motion carried.: AWARDS,PRESENTATIONS AND COMMUNICATIONS Mr.Larry Stafford of the Arizona Early Day Gas Engine & Tractor Association presented a check for $1,729 to Jeff Bell for the Parks and Recreation REGULAR MEETING OF THE CITY COUNCIL APRIL 15 2003 PAGE 2 OF 29 Department Scholarship Fund and requested that a permanent display be, considered for them when the rodeo park is renovated. Mr.Wynton Barnett,Executive Director of the Apache Junction Branch of the East Valley Boys & Girls Club was to introduce himself and the branch youth of the year but they were not in attendance at this time of the meeting. Mayor Coleman read a proclamation designating April 27 through May 3 as "National Volunteer Week"and presented it to Sharon Stinard and Lailoni Cappozzi of the Volunteer Center of Pinal County.Ms.Stinard then introduced the board of directors and advisory committee that were present from the Volunteer Center of Pinal County.Ms.Cappozzi presented the council with a pin as a token of appreciation for all the council does. Mr.Wynton Barnett,Executive Director for the Apache Junction Branch of the East Valley Boys & Girls Club had arrived and introduced himself to the council and audience.He then introduced Shawna Demorest as the Youth of the Year for the Apache Junction Branch. CALL TO THE PUBLIC Mr.Mark Marksberry,4040 E.Magnolia,Phoenix,with SJL Construction, addressed the council regarding the difficulty his company is having in collecting the balance of monies his company feels is due from the Royal Palm Water Line Project. Mr.John Insalaco,1570 S.Buena Vista Drive,Apache Junction,addressed the council to urge everyone to go see the townhomes being built at Broadway and Delaware.They are beautiful and it will be a nice addition to the community. He liked them so well he bought one and has put his house up for sale. Vice Mayor Surra requested Mr.Marksberry's concerns be referred to the water district counsel so that it can be in the "right house". CITY MANAGER'S REPORT City Manager George Hoffman stated the repaving of Superstition has been completed.There is minimum down time for this process and i t is high quality work.Royal Palm and Winchester have also been completed and they are starting on Apache Trail.In addition to the repaving,there are culvert REGULAR MEETING OF THE CITY COUNCIL APRIL 15 2003 PAGE 3 OF 29 repairs occurring at Southern and Weekes Wash and three on Apache Trail.Two traffic signals are going in on Superstition at Ironwood and at Idaho.The widening of Superstition from Ironwood to Meridian Will begin at the end of the month.He encouraged everyone to drive by the animal control building and look at the new mural that has significantly enhanced the building. PUBLIC HEARINGS APPLICATION FOR A SPECIAL EVENT LIQUOR LICENSE FOR THE BOYS AND GIRLS CLUB OF THE •EAST VALLEY - APACHE JUNCTION BRANCH FOR A FUNDRAISER TO BE HELD AT THE BARLEEN DINNER THEATER ON MAY 3,2003 )City Clerk Kathleen Connelly briefed the council on the item.She stated this is an annual event for the club and is one of their major fundraisers.Comments included in their packet are from planning,the police department and the fire district:none have any objections.Mr.Barnett is in attendance to answer any questions. Mayor Colemen requested the applicant address the council. Mr.Wynton Barnett,1215 S. Winchester Avenue,Apache Junction addressed the council.The auxiliary board does a fabulous job for the club.This event generates a lot of money for the club and any assistance and consideration would be greatly appreciated. Mayor Coleman asked when the event is being held. Mr.Wynton Barnett stated i t is Saturday,May 3,from 5 p.m.to midnight. Mayor Coleman opened the public• hearing on the item:There being no one wishing to speak,he closed the public hearing and reopeqed_the-item to council discussion.There' being no further discussion,he called fora Motion. Councilmember Dietz MOVED THAT THE APPLICATION FOR A SPECIAL EVENT LIQUOR LICENSE FOR THE BOYS AND GIRLS CLUB REGULAR MEETING OF THE CITY COUNCIL APRIL 15 2003 PAGE 4 OF 29 OF THE EAST VALLEY - APACHE JUNCTION BRANCH FOR A FUNDRAISER TO BE HELD AT THE BARLEEN DINNER THEATER ON MAY 3,2003,BE RECOMMENDED FOR APPROVAL TO THE ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL. Vice Mayor Surra SECONDED THE MOTION. VOTE:Unanimous. The motion carried. PROPOSED ORDINANCE NO.1174,CASE PZ-6- 02,REQUEST BY SCOTT L.SAYLOR, REPRESENTED BY S.DANIEL COEN/COEN ENGINEERING,TO REZONE A 5.0 GROSS ACRE PARCEL FROM GR (GENERAL RURAL)TO C-3/ PD (GENERAL COMMERCIAL DISTRICT THROUGH PLANNED DEVELOPMENT)LOCATED AT 925 N. IDAHO ROAD NEAR THE NORTHWEST CORNER OF THE INTERSECTION OF SUPERSTITION BOULEVARD AND IDAHO ROAD,FOR THE PURPOSE OF DEVELOPING A MINI -STORAGE AND RV STORAGE FACILITY )Associate Planner Charles Beck briefed the council on the item.He described the surrounding area.The general plan designation for the subject site is employment/retail.The property was a legal non-compliance property used for overflow parking for the mobile home parks.The property has never had a business license yet an RV storage business had been operating there for the past several years.The owners were advised they would have to properly zone and improve the property to make it conforming status;this is the reason for this application.The site plan submitted proposes a 27,780 net sq.ft.mini -storage distributed between seven buildings,open air parking space,an office and a manufactured home caretaker's residence.The uses are permitted within the requested C-3 zoning district.He listed the planned development provisions included in this zoning.The rezoning would remove an eyesore on Idaho Road and provide a low intensity buffer use between two fairly high density residential properties.The applicant has indicated that he will work with the property owners to the west and south to develop a commercial/retail corner for the area.Staff supports the rezoning application.Planning and zoning approved REGULAR MEETING OF THE CITY COUNCIL APRIL 15 2003 PAGE 5 OF 29 it 5-2;the issue was that the area is designated employment/retail in the general plan and this is commercial with a small employment base.The city attorney was concerned about the wording in stipulation number two not having requirements objective enough to be able to enforce.An alternative second stipulation has been submitted.He listed the stipulations.Staff recommends approval with these conditions as it will establish a direction and possible conversion to commercial/retail uses,it will serve future developments in the area and it will be a low intensity buffer between uses. Councilmember Eck asked about the concern the planning and zoning commission had regarding this property being commercial versus retail. Associate Planner Charles Beck , stated the general plan designation is for employment/retail with the intent of having new development uses generate revenue and employment.There are no road demarcations to the general plan;i t is considered the general area. This site is borderline and it could be extended one way or the other.Staff felt by requiring the applicant to create a facade that would be appropriate and blend in with the neighborhood would be an enhancement versus what could be put in the area. Mayor Coleman asked if they are considering only the rezoning this evening and not the preliminary plat. Interim Development Services Director Rudy Esquivias stated there is no preliminary plat involved.If the rezoning is approved,they can apply for building permits. Mayor Coleman 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. Vice Mayor Surra MOVED THAT ORDINANCE NO.1174 BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilmember Dietz SECONDED THE MOTION. REGULAR MEETING OF THE CITY COUNCIL APRIL 15 2003 PAGE 6 OF 29 VOTE:Unanimous. The motion carried. City Clerk Kathleen Connelly read the ordinance by title only. Vice Mayor Surra MOVED THAT ORDINANCE NO.1174,AS READ BY THE CITY CLERK,BE APPROVED AND ADOPTED WITH THE FOLLOWING CHANGE TO STIPULATION NUMBER TWO:SO THAT IT IS REPLACED WITH THE STIPULATION AS SUGGESTED BY THE CITY ATTORNEY,THE NORTH AND SOUTH WALLS SHALL BE SIX FOOT MASONRY WALLS,THE WEST WALL SHALL BE AN EIGHT FOOT MASONRY WALL,THE EAST FACADE SHALL INCORPORATE ARCHITECTURAL FEATURES OF SOUTHWESTERN DESIGN COLORS AND TEXTURES TO INCLUDE BUT NOT BE LIMITED TO CLAY AND CONCRETE TILE ROOFS,PARAPET WALLS OF VARYING HEIGHTS,ARCHITECTURAL POP -OUTS AND MATURE XERISCAPE PLANTS AND MATERIALS.THE WALL HEIGHT SHALL BE MEASURED FROM FINISHED GRADE OF THE COMMERCIAL PROPERTY.ALL OTHER STIPULATIONS APPEAR TO BE CORRECT AS IN THE ORDINANCE THAT WE HAVE IN OUR PACKET. Councilmember Dietz SECONDED THE MOTION. VOTE:Unanimous. The motion carried. Mayor Coleman called for a ten minute break. Mayor Coleman reconvened the meeting. PROPOSED ORDINANCE NO.1175,CASE PZ-9-02, REQUEST BY ROYAL DEVELOPMENT REPRESENTED BY NIEL F.NIELSON TO REZONE A 7.31 GROSS ACRE PARCEL LOCATED AT THE NORTHWEST CORNER OF SOUTHERN AVENUE AND SAN MARCOS AVENUE FROM CR-3/PD (SINGLE FAMILY RESIDENCE ZONE THROUGH PLANNED DEVELOPMENT TO R-1 (DUPLEX RESIDENCE ZONE)FOR THE PURPOSE OF REGULAR MEETING OF THE CITY COUNCIL APRIL 15 2003 PAGE 7 OF 29 DEVELOPING A SINGLE FAMILY RESIDENCE SUBDIVISION )Associate Planner Charles Beck briefed the council on the item.The parcel is currently undeveloped.He described the surrounding area.The general plan designation is medium density residential.The designation calls for mixed types of housing units to serve as transitional areas between low and high density developments.The old plan for a church site is still in place.The intent of the R-1 zoning district is to provide for a mixed and medium density site -built single family duplex housing on individual lots.I t allows for a minimum lot size of 6,000 sq.ft.for single family and 8.000 sq.ft.for duplex.The open space proposed is located along Southern and another along San Marcos Drive.The applicant proposes to develop 33 single family dwellings on 6,000 net sq.ft.parcels. The housing design includes four two story and one single story model.This, would allow trees in lieu of a wall.Council could desire these to be 24"box instead with 4.5 homes per acre and i t is within the range of the general plan designation and is consistent with neighboring developments.The rezoning would provide in -fill housing density for the area and establish lot sizes of 6,000 sq.ft.Planning and zoning denied it 7-0,expressing concerns about the lot sizes not being at least in the 7,000 sq.ft.range,the two story homes being located next to a single story subdivision,and that lots 8 and 9 do not meet the R-1 minimum width requirements.The amenities discussed at the commission meeting included the extension of the tot lot area to earn the open space amenities.After the commission meeting,the applicant reduced the density to 28 lots of 7,000 sq.ft.The council requested to retain CR-3/PD zoning on this parcel at the work session and accept the alternative concept for 28 lots.He asked if the applicant has to submit a new site plan or can the council simply approve the alternate plan.Staff believes there are enough similarities between the plans that the approval of the alternate plan is within the council's discretion.Staff has created alternative additions to Ordinance No.1175 in the staff report should the council amend the original ordinance to approve the alternate site plan.He listed the sections to be amended and the prescribed language.Staff recommends approval of the ordinance and believes i t is a good infill project. Vice Mayor Surra asked if they choose not to go with staff's recommendation but wish to follow the denial of planning and zoning,they would then be accepting the ordinance with the recommendation of stipulations 1,2,and 5 changes as they were read to them. REGULAR MEETING OF THE CITY COUNCIL APRIL 15 2003 PAGE 8 OF 29 She also asked if number 5 actually encompasses what was said in the original number 5 regarding the street fronting. Associate Planner Charles Beck stated i t is the same stipulation,just written in different language.He commented if they voted on the recommendation made to planning and zoning with the changes in stipulations,staff would keep the ordinance which was presented to planning and zoning and change those stipulations that have been recommended by the council.This would establish the planned development but not the R-1 district.It would have 7,000 sq.ft.lots under alternative B. They would have to meet the setbacks on that property when they come in with the preliminary plat. Vice Mayor Surra commented she wanted to uphold what the planning and zoning commission recommended. Interim Development Services Director Rudy Esquivias stated the original Ordinance 1175 was prepared the way the applicant requested it.The suggested language to change Ordinance 1175 to the planned development is what Charles has provided to the council. They need to substitute this language into Ordinance 1175 to get alternate B. Councilmember Eck asked how big the lots were originally when this came before the planning and zoning commission. Associate Planner Charles Beck stated they were 6,000 sq.ft. Councilmember Eck stated i t has now been revised with the recommendations to 7,000 sq.ft. Associate Planner Charles Beck stated that is correct.It was originally 33 lots of 6,000 sq.ft.,i t is now 28 lots of 7,000 sq.ft. Councilmember Eck asked if this would meet the hard zoning if it were that particular zoning. Associate Planner Charles Beck stated that is correct. REGULAR MEETING OF THE CITY COUNCIL APRIL 15 2003 PAGE 9 OF 29 Councilmember Eck commented they will be keeping i t a planned development. Associate Planner Charles Beck commented they will be keeping i t a planned development because they will be getting what they want when they write the conditions on the planned development. Councilmember Eck commented they will be getting a hard zone minimum. Mayor Coleman requested the applicant address the council. Mr.Roger Purcell,760 W.Southern, Apache Junction,addressed the council.He asked if they were leaving i t single family dwellings and not changing it to duplex. Eck stated that was correct. all he needed to know. applicant to address the council. Vice Mayor Surra and Councilmember Mr.Roger Purcell stated that was Mayor Coleman again requested the Mr.Dan Coen,Coen Engineering, representing the applicant,addressed the council.He commented this is not really a rezoning but a site plan planned development change.They will be submitting the preliminary plat for San Marcos Crossing tomorrow if it is approved this evening.He stated they have reviewed the stipulations and they would like to move forward with the project. Mayor Coleman opened the public hearing on the item. Mr.Bruce Brewer,2185 S.Weaver Drive,Apache Junction,addressed the council.He was confused about duplexes.He asked if these would be two level homes or one level homes. REGULAR MEETING OF THE CITY COUNCIL APRIL 15 2003 PAGE 10 OF 29 There are no two level homes in the area.Sunrise Canyon is set on a decline and they all picked lots for their view of the Superstitions.They would be sealed into their backyards with a two story. Associate Planner Charles Beck commented the applicant has submitted several site plans with both two story and single story.Planning and zoning had an issue with the two story abutting Sunrise Canyon.The applicant considered that and it was discussed about not putting the two stories on that boundary,instead bringing them further into the development.It was not written as a condition but it could be stipulated. Mayor Coleman commented they could stipulate that lots 1-13 be single story with interior lots allowing two story. Mr.Dan Coen stated he has reviewed that stipulation with Mr.Nielson and they agree to the single story stipulation in the Sunrise Canyon area. Councilmember Eck asked how many two story homes are planned,or if a commitment has been made. Mr.Dan Coen stated i t is up to the individual purchasing the lot.If they have any,they will be in the center core.They will stipulate to that. Mr.Freddie Rosales,945 W.21st Avenue,Apache Junction,addressed the council.He objects to any two story housing on the property.It will infringe upon their privacy.All the surrounding properties are single story and this should conform to those standards.The residents have put together a petition which he then submitted to the council.Nineteen residents signed the petition;two they were unable to contact that backed up against the wall. Mr.Niel Nielson,2538 E.Emerald Avenue,Mesa,addressed the council.He is the applicant.He stated i t is not imperative that they have two stories.Those were put in because they wanted to get as much square footage on the original 6,000 sq.ft.lots.The alternate plan will allow them keep all lots one story. REGULAR MEETING OF THE CITY COUNCIL APRIL 15 2003 PAGE 11 OF 29 commit to all of them being one story. Councilmember Eck asked if he would Mr.Niel Nielson stated he would. Councilmember Eck commented i t is difficult when people already live in an area.Two stories are great,but i t is nice when i t is a big open lot and you have the first buildings there and you know what you have. Mr.Niel Nielson stated he understood and he would probably want the same thing if he lived in the area. They will be more than happy to comply with one story on the 7,000 sq.ft.lot alternative plan. Mayor Coleman commented they do need larger homes in the community,but perhaps not in this area.The people in the area value the views of the mountains. Councilmember Durbala commented that is something to look at in the future.Land will get more expensive,there will only be a certain amount of space,and they will have to go to the same as what other cities have done.I t is just a matter of time. Mrs.Kimberly Brewer,2185 S. Weaver,Apache Junction,addressed the council.She is against any two story homes in that area as they would lose their privacy.She commented they would end up having two people in one of their backyards.She would like bigger homes that are one story.She once lived in a two story apartment building in Tucson and she could see "tons of people". Mayor Coleman closed the public hearing with no one else wishing to speak.He reopened the item to council discussion. Vice Mayor Surra asked where they would put the stipulation among the other stipulations that would limit the homes to one story.She does not want it to slip through the cracks. REGULAR MEETING OF THE CITY COUNCIL APRIL 15 2003 PAGE 12 OF 29 Interim Development Services Director Rudy Esquivias stated it could be made stipulation 13. Councilmember Eck commented i t is a great subdivision and he believes the residents are fortunate with this as i t was originally zoned for a church,which could have been 50'to 60'high plus a steeple.This is to their benefit. Councilmember Milkey commended Mr. Nielson for partnering with the community and listening to their views and concerns.The forum allowed the residents to participate,the landowner was present to listen and reach an amiable decision,which is a good thing. Councilmember Urich commented even the older homes across San Marcos are one story so this is a win -win situation. Mayor Coleman closed the discussion with no further comments and called for a motion. Vice Mayor Surra MOVED THAT ORDINANCE NO.1175 BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilmember Dietz SECONDED THE MOTION. VOTE:Unanimous. The motion carried. City Clerk Kathleen Connelly read the ordinance by title only. •Vice Mayor Surra MOVED THAT ORDINANCE NO.1175,AS READ BY THE CITY CLERK,BE APPROVED AND ADOPTED WITH THE FOLLOWING AMENDMENTS HOWEVER:THAT THE ORDINANCE OF THE MAYOR AND THE CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,APPROVING A PRELIMINARY PLANNED DEVELOPMENT PLAN,SITE PLAN "B",DATED MARCH 3RD,2003,AND CONCEPTUAL ARCHITECTURAL ELEVATIONS FOR A RESIDENTIAL SUBDIVISION IN CASE PZ-9-02,FOR REGULAR MEETING OF THE CITY COUNCIL APRIL 15 2003 PAGE 13 OF 29 ASSESSOR PARCEL 102-44-005B,RETAINING THE CR-3/PD SINGLE FAMILY RESIDENCES BY PLANNED DEVELOPMENT ZONING DISTRICT CLASSIFICATION.REPEALING ANY CONFLICTING PROVISIONS,AND PROVIDING FOR SEVERABILITY,ADDING ALSO THE RECOMMENDATION FOR THE WHEREASES AS LISTED WITH THE PRESENTED MATERIAL FROM THE PLANNING AND ZONING DEPARTMENT,AND THAT IN SECTION 1,IN GENERAL,THAT WE REPLACE STIPULATION 1 WITH THE RECOMMENDED STIPULATION "THE FINAL PLAN AND FUTURE SUBDIVISION PLAN SHALL CONFORM SUBSTANTIALLY WITH THE SUBMITTED AND APPROVED ALTERNATIVE CONCEPT SITE PLAN "B",INCLUDING BUT NOT LIMITED TO SUCH ITEMS AS SETBACKS,LOT AND STREET LAYOUT,OPEN SPACE CONFIGURATION,LANDSCAPE CONCEPT, INCLUDING PROVISIONS FOR INDIVIDUAL FRONT YARD LOT LANDSCAPING AND A MINIMUM OF 5 MODEL TYPES",STIPULATION NUMBER 2 BEING REPLACED WITH THE WORDING "THE PRELIMINARY AND FINAL PLAT MUST CONFORM TO ALL REQUIREMENTS OF SECTION 15.0400,CR-3 SINGLE FAMILY RESIDENCE ZONE OF THE ZONING ORDINANCE,INCLUDING BUT NOT LIMITED TO MINIMUM 7,000 SQUARE FEET LOT SIZE FOR SINGLE FAMILY HOMES",AND THEN IN NUMBER FIVE,REPLACING NUMBER FIVE WITH THE WORDING "NO LOT SHALL BE CONSTRUCTED THAT MEETS THE DEFINITION OF KEY LOT AS CONTAINED WITHIN ARTICLE 5 OF THE CITY OF APACHE JUNCTION ZONING ORDINANCE",AND ADDING STIPULATION NUMBER 13,THAT ALL LOTS WILL BE DEVELOPED AS SINGLE FAMILY ONE STORY CONSTRUCTION. Councilmember Eck SECONDED THE MOTION. VOTE:Unanimous. The motion carried. PZ-1-03,A REQUEST BY LAWRENCE WING ON BEHALF OF GERALD AND CHRISTINE BAIT TO APPEAL SECTION 6-1.5..D(2)TRANSITION AND SEPARATION OF USES AND 6.5.5.E(4)PARKING LOT LANDSCAPING OF ORDINANCE NO.940 (LANDSCAPE AND SCREENING CODES) )Associate Planner Steve Abraham briefed the council on the item.This deals with required parking.The two subject properties are located on 10th Avenue and Colt in Palm Springs Subdivision.They are proposing two fourplexes built on two adjacent lots. The applicants are requesting the deletion of the required landscaping strips as required by Ordinance No.940 on two separate parcels.There will be enough landscape strips if the properties are combined.The six foot wall REGULAR MEETING OF THE CITY COUNCIL APRIL 15 2003 PAGE 14 OF 29 requirement runs along the.bisecting common property line with landscape strips running from the south property line to the north property line.The applicant is 5"short on the southeast corner.They are appealing because they are opting not to combine the site into a larger site where 940 would be required because of financing purposes plus the landscaping requirements would make it difficult to meet other code requirements.In the past council has accepted appeals when the developer offered trade-offs.Staff has recommended combining parcels or making the dwellings smaller for fourplexes if they wished to do this because of the small lot size involved in this area.I f council decides to grant these setback and landscape requirements,staff provided some trade-offs.Staff recommends approval with the stipulations listed on the last page of the staff report,involving bumping up the size of the trees planted on site,the number of trees,moving the refuse containers to the rear of the property,and the landscape plan being done by a registered landscape architect at the time of submittal.The color palette has not been chosen as of yet but they will be muted and southwest.He described the elevations of the fourplexes. Mayor Coleman asked if the two parcels would be developed at the same time. stated they would. applicant address the council. Associate Planner Steve Abraham Mayor Coleman requested the Mr.Lawrence Wing,3302 N.Sun Ridge Lane,Chandler,addressed the council.He commented the property is surrounded by two story fourplexes.They are combining the driveways for safety's sake and to give them an additional 480'sq.ft.of additional landscaping in front.The units are 847 sq.ft.,two bedroom,two bath,with a washer and dryer hook up inside.They will use muted,low reflective paint. Councilmember Eck commented they are concerned about the two properties being so close together for the long term. He asked if they were rental properties. Mr.Lawrence Wing stated that is correct. REGULAR MEETING OF THE CITY COUNCIL APRIL 15 2003 PAGE 15 OF 29 Councilmember Eck asked what would happen if he decides to sell one property and not the other. Mr.Lawrence Wing stated they have both of them presold to separate people. Councilmember Dietz commented he is not sure if the shared driveway would create problems ten years down the road. Mr.Lawrence Wing stated i t is fairly common.They are doing a similar project in Phoenix,and his office has a shared driveway in Mesa. .Councilmember Dietz stated that is commercial and this is residential.The two people could end up painting a white stripe down the center. Vice Mayor Surra commented i t is the renters who suffer the consequences. Mr.Lawrence Wing stated they could still cross over the fence if there was a fence there. Councilmember Milkey commented i t does increase the landscaping in the front of the yard with the shared driveway.He asked if they would have enough parking if they did not share the driveway. Associate Planner Steve Abraham stated it would be difficult to meet the parking requirement with the single driveway.It would probably have to be brought off the far end.Adjacent residential driveways must be at least 30'from the property line.Since the driveway has to be at least 24'in width,it would probably have to be located at the far edge on each side. Vice Mayor Surra commented this project is similar to what has already been developed in the area but they have all been combined into one lot with one owner.They cannot be separated anymore and that is why it works everywhere else.There would not be contention if the two owners fall out with each other.He has already sold REGULAR MEETING OF THE CITY COUNCIL APRIL 15 2003 PAGE 16 OF 29 them to two separate owners,yet he, wants them to. share a driveway and parking. Mr.Lawrence Wing stated that aerial map is 4 to 5 months old.He updated the council on the current surrounding areas and the ownership of each lot on the map,along with which ones are combined parking and entrances.The problem they run into is when they do more than fourplexes or combine fourplexes and they are forced into commercial instead of residential financing.Anything over five units is commercial and it places a real hardship on the buyer;the down payment is higher and i t is more difficult to get a loan. Vice Mayor Surra asked if the units surrounding this project do not have separate driveways and if they have separate owners. Associate Planner Steve Abraham stated he is not aware of the ownership but there are multiple existing fourplexes sharing one large paved parking area.Those were built before the current development standards.He commented on others that are being built or have been built that have combined driveways. Vice Mayor Surra asked if they were all under one owner. Associate Planner Steve Abraham stated he did not know. Vice Mayor Surra commented all the ones that have come before the council while she has been on i t have all been owned by one owner. Councilmember Durbala commented she does not know about the ones previous. Vice Mayor Surra agreed that she did not know about earlier ones or ones prior to when they developed the current standards. REGULAR MEETING OF THE CITY COUNCIL APRIL 15 2003 PAGE 17 OF 29 Councilmember Milkey asked what benefit the two separate owners would have in dividing a shared driveway.He does not see it coming to that.They need to service the residents of those units.They need to have the shared parking lot and entry way for ingress and egress.They would only hurt themselves by fighting about it. Councilmember Durbala commented they may have been all together when they were originally built,but the buildings could have been sold since then.The council would be unaware of that.I t does not get information on every property sold in the city.He does not see a problem down the road because a battle would not be beneficial for either one. Interim Development Services Director Rudy Esquivias stated they can preclude the problem by requiring them to record cross access agreements at the time they apply for building permits. Councilmember Eck commented that is what is needed. Interim Development Services Director Rudy Esquivias stated it would stay with the property no matter how many owners it goes through. Vice Mayor Surra requested something be done to solve this,as she believes it will be the renters who will suffer since they live there.She would like to see some kind of condition on the deeds. Interim Development Services Director Rudy Esquivias stated they can make it a condition of approval. Councilmember Eck commented people can always get into petty wars and put up a fence,so that would solve the issue.I t is a nice project for the area. Vice Mayor Surra commented i t fits in with what has already been developed there. REGULAR MEETING OF THE CITY COUNCIL APRIL 15 2003 PAGE 18 OF 29 Mayor Coleman commented he knows these things can be worked out,as these properties could be changed into condominiums later. Vice Mayor Surra commented she has no problem with the project if they can make i t a stipulation on the deed. Mayor Coleman opened the public hearing on the item. Ms.Jae Richards,141 W.McDowell, Apache Junction,addressed the council.She was concerned about the walls. She likes the way the area is being developed.She asked if they would be putting walls around the perimeter of the property and not have one down the center. Associate Planner Steve Abraham stated that is correct. Mr.Chuck Whitcraft,465 E.10th Avenue,Apache Junction,addressed the council.He stated his question has already been answered.He hopes they take a strong issue on the apartment houses going into the area.He will not be able to see the Superstitions i f too many of them go in.He added Chief Warner sends enough officers out there as i t is for the apartments. Vice Mayor Surra asked Chief Warner if they have the crime prevention housing program available to that small a unit. Department of Public Safety Director Robert Warner stated they do. Mayor Coleman closed the public hearing with no one else wishing to speak and reopened the item to council discussion.There being no further discussion,he called for a motion. Councilmember Eck MOVED THAT THE REQUEST BY LAWRENCE WING ON BEHALF OF GERALD AND CHRISTINE BATT TO APPEAL SECTION 6-1-5..D(2)TRANSITION AND SEPARATION OF USES AND 6-5-5.E(4)PARKING REGULAR MEETING OF THE CITY COUNCIL APRIL 15 2003 PAGE 19 OF 29 LOT LANDSCAPING OF ORDINANCE NO.940 (LANDSCAPE AND SCREENING CODES)IN ORDER TO SEEK A WAIVER OF THE REQUIREMENT OT INSTALL A SIX FOOT WALL SEPARATING INDIVIDUAL DEVELOPMENT SITES AND A WAIVER OF THE TEN FOOT LANDSCAPE SETBACK REQUIRED BETWEEN PARKING AREAS AND ADJACENT RESIDENTIAL USES BE APPROVED WITH THE STIPULATION THAT PERPETUAL AND MUTUAL CROSS ACCESS BE APPLIED TO THOSE PROPERTY OWNERS'DEEDS OR EASEMENTS. Councilmember Durbala SECONDED THE MOTION. VOTE:Unanimous. The motion carried. PROPOSED ORDINANCE NO.1176,REZONING BY THE CHURCH OF JESUS CHRIST OF LATTER DAY • SAINTS,REPRESENTED BY DYLAN GILLESPIE OF CARTER-SCHUBERT ARCHITECTS,TO REZONE FROM C-3 (GENERAL COMMERCIAL)TO C-3/PD (GENERAL COMMERCIAL BY PLANNED DEVELOPMENT)FOR THE PURPOSE OF INSTALLING A STEEPLE ON THEIR NEW CHURCH BUILDING AT THE NORTHWEST CORNER OF SOUTH ACACIA AND OLD WEST HIGHWAY )Interim Development Services Director Rudy Esquivias briefed the council on the item.Computer generated photographs have been supplied showing the church with and without the steeple.The steeple will be about 45'high.Currently the elevation allowed is up to 44';there is an exception in the zoning ordinance that allows churches to go higher than typical buildings.The impact of the steeple will be minimal due to low density in the area and the highway and commercial properties in the area.The site already has extensive landscaping and adequate parking.There are no health and safety issues here.Planning and zoning recommended approval unanimously.Only one neighbor contacted them and she welcomed the church.Staff recommends approval. CounciImember Durbala commented he wished they could put something in the ordinances so that it does not have to be brought before the council. REGULAR MEETING OF THE CITY COUNCIL APRIL 15 2003 PAGE 20 OF 29 Vice Mayor Surra commented they should be able to do i t administratively. Mayor Coleman requested the applicant address the council. Mr.Randy Carter.1901 E.. University,Suite 330,Mesa,addressed the council for any questions.There .were none.. Mayor Coleman 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 discussion,he called for a motion. Councilmember Durbala MOVED THAT ORDINANCE NO.1176 BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Vice Mayor Surra SECONDED THE MOTION. VOTE:Unanimous. The motion carried. City Clerk Kathleen Connelly read the ordinance by title only. Councilmember Durbala MOVED THAT ORDINANCE NO.1176.AS READ BY THE CITY CLERK,BE APPROVED AND ADOPTED. Councilmember Dietz SECONDED THE MOTION. VOTE:Unanimous. The motion carried. PROPOSED ORDINANCE NO.1178,PZ-8-02, REGULAR MEETING OF THE CITY COUNCIL APRIL 15 2003 PAGE 21 OF 29 PLANNED DEVELOPMENT MAJOR AMENDMENT REQUEST BY CSK AUTO,INC.,REPRESENTED BY MARK BERGQUIST,FOR PROPOSED NEW CHECKER AUTO STORE AT THE SOUTHWEST CORNER OF WEST APACHE TRAIL AND SOUTH GOLD DRIVE )Interim Development Services Director Rudy Esquivias briefed the council on the item.This will be at the Food City shopping center.The original rezoning was approved in 1992,the store will be going on the northeast corner of the development.This property has been very slow to develop.The periphery occupancies have not materialized from the original MegaFoods development.He described the surrounding uses.I t is in compliance with the plan.They are requesting an amendment to allow an auto repair store there instead of a restaurant.The initial concerns of planning and zoning had to do with the appearance of the building.They then added some trim,architectural features and southwest colors.After adding more,some flagstone and deeper colors,it was approved. Planning and zoning has recommended approval of this concept plan and elevation.He briefed them on the site plan.There is mutual access and shared parking.They will be required to have landscape islands.There is no planned development deviation being requested.At the council work session more architectural features or more landscaping were requested.The applicant has doubled the landscaping in front of the building to soften the effect of the building against the streetscape.Staff is requiring they submit their cross .access documents at the time of building permits.Staff recommends approval with the standard stipulations and specific stipulations for cross access. Councilmember Eck asked if they got anywhere with the vegas. Interim Development Services Director Rudy Esquivias stated he believes they were out of character with some of the other architectural features that are on the building.They did not propose vegas. Mayor Coleman requested the applicant address the council. REGULAR MEETING OF THE CITY COUNCIL APRIL 15 2003 PAGE 22 OF 29 Mr.Mark Bergquist,645 E.Missouri, Phoenix,addressed the council.He commented vegas are typically used on Santa Fe style buildings.The elevation they have is not close to that. Also,vegas are wood and they do not use wood on their buildings due to maintenance issues,especially in the southwest with the sun. Councilmember Eck commented he thought they might look nice if wrapped around the north side. Mr.Mark Bergquist stated they look nice on the right elevation,but not on this one. Councilmember Milkey asked what they would be doing with the old store on Thunderbird. Mr.Mark Bergquist stated he does not know.They do not own the building,they lease it. Mayor Coleman 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. Councilmember Eck commented this is why they need the design review board. Mayor Coleman commented he looks at what they did and what is there with Food City and he thinks they did a good job. Councilmember Eck commented he agrees they did a good job.He would like to see them not have to go through this whole process so they would know what to expect from the start of the project. Mayor Coleman closed the discussion with no further comments and called for a motion. Councilmember Urich MOVED THAT ORDINANCE NO.1178 BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. REGULAR MEETING OF THE CITY COUNCIL APRIL 15 2003 PAGE 23 OF 29 Councilmember Dietz SECONDED THE MOTION. VOTE:Unanimous. The motion carried. .City Clerk Kathleen Connelly read the ordinance by title only. Councilmember Urich MOVED THAT ORDINANCE NO.1178,AS READ BY THE CITY CLERK,BE APPROVED AND ADOPTED. Councilmember Dietz SECONDED THE MOTION. VOTE:Unanimous. The motion carried. OLD BUSINESS None. NEW BUSINESS None. COUNCIL DIRECTION TO STAFF ON ANY OF THE ABOVE LISTED AGENDA ITEMS Mayor Coleman asked if they could look at what they could do to bring the church steeple issue into line. City Attorney Joel Stern stated they can direct staff to do so. Councilmember Durbala MOVED TO HAVE STAFF EITHER WRITE AN ORDINANCE OR PUT IT INTO THE CODE OR ALLOW THE ZONING ADMINISTRATOR TO MAKE IT A DECISION ON THESE CHURCH STEEPLES RATHER THAN KEEP REGULAR MEETING OF THE CITY COUNCIL APRIL 15 2003 PAGE 24 OF 29 COMING BACK TO US TO WASTE VALUABLE TIME FOR BOTH THE PEOPLE AS WELL AS THE CITY. Councilmember Eck SECONDED THE MOTION. VOTE:Unanimous. The motion carried. COUNCIL DIRECTION TO STAFF ON OTHER PROPOSED LEGISLATION OR ACTIONS IMPLEMENTATION OF A PILOT HOME DETENTION PROGRAM )Management Assistant Shari Watson briefed the council on the item.They are seeking direction to staff to draft a resolution on this program for the city.The program will be administered by the presiding judge and will be piloted for a year.It will then be determined if it is effective as an additional sentencing tool along with the costs of the program. City Attorney Joel Stern stated the judge commented the resolution could be presented at a public meeting,not necessarily a public hearing. City Clerk Kathleen Connelly stated she talked to him and he is stating it does have to be at a public hearing. City Attorney Joel Stern stated he would look into it.The prosecutor's office supports it:it will save a lot of money and is a good alternative for certain individuals. Mayor Coleman closed the discussion with no further comments and called for a motion. Councilmember Dietz MOVED THAT STAFF BE GIVEN THE FOLLOWING DIRECTION REGARDING IMPLEMENTATION OF A PILOT HOME DETENTION PROGRAM:THAT STAFF RETURN WITH THE APPROPRIATE ACTION TO IMPLEMENT. REGULAR MEETING OF THE CITY COUNCIL APRIL 15 2003 PAGE 25 OF 29 Councilmember Durbala SECONDED THE MOTION. VOTE:Unanimous. The motion carried. SELECTION OF PUBLIC SAFETY MANAGEMENT AUDIT FIRMS ) City Manager George Hoffman is seeking direction on who they wouldbriefed the council on the item. like to interview and when. Mayor Coleman commented he believed they should interview the two that no one seemed to have a problem with,which were Maximus and Carol Bouracker and Associates.He asked when they would like to do that.He asked if the firms would have any limitations. City Manager George Hoffman stated he thought the next meeting would be okay.He would like to see the city clerk contact them to see if they could be interviewed on a certain date at a certain time. Vice Mayor Surra commented it would be at the next meeting. City Manager George Hoffman stated at the next work session and give direction on Tuesday night on who they would like to see staff negotiate with. Vice Mayor SUrra commented that would be for May 5 and 6. Mayor Coleman closed the discussion and called for a motion. Councilmember Dietz MOVED THAT WE INVITE MAXIMUS AND CAROL BOURACKER AND ASSOCIATES TO INTERVIEW AT OUR NEXT WORK SESSION. REGULAR MEETING OF THE CITY COUNCIL APRIL 15 2003 PAGE 26 OF 29 Councilmember Eck SECONDED THE MOTION. City Clerk Kathleen Connelly clarified that the interview would be on May 5 and action would be taken on May 6. VOTE:Unanimous. The motion carried. SELECTION OF MEETING DATES,TIMES,LOCATIONS,AND PURPOSES Councilmember Dietz MOVED THAT AN EXECUTIVE SESSION AT 6:00 P.M.AND A WORK SESSION AT 7:00 P.M.BE HELD ON MONDAY,MAY 5,2003,IN THE CITY CONFERENCE ROOM AND CITY COUNCIL CHAMBERS, RESPECTIVELY: AND THAT AN EXECUTIVE SESSION AT 6:00 P.M.BE HELD ON TUESDAY,MAY 6,2003,IN THE CITY CONFERENCE ROOM. Councilmember Durbala SECONDED THE MOTION. VOTE:Unanimous. The motion carried. INFORMATION AND REPORTS Councilmember Durbala commented the city golf tournament is coming up on April 26.George Hoffman will be in his foursome. Mayor Coleman announced the Pinal County Town Hall begins tomorrow and the vice mayor and Councilmember Durbala will be attending as delegates. Mayor Coleman announced there will be a ceremony at the gazebo on Friday morning in recognition of our troops. REGULAR MEETING OF THE CITY COUNCIL APRIL 15 2003 PAGE 27 OF 29 Mayor Coleman stated there will be an "April Pools Day"a week from Saturday. It will be April 26 at 11:00 a.m.at the pool.• Vice Mayor Surra announced the city was represented and spoke as part of the dedication of the Scheible home,the first Habitat for Humanity residence built in Apache Junction.That was Saturday morning.She was impressed with the quality of the building and the fact that the construction dumpsters actually hauled away trash from that construction site and neighboring homes. The people in the area cleaned up their neighborhood,which is one of the goals of Habitat for Humanity. ADJOURNMENT )Mayor Coleman adjourned the meeting at 9:07 p.m. Consent Agenda Items are as follows: 1.Acceptance of Agenda. 2.Acceptance of Minutes of Regular Meeting of April 1,2003. 3.Consideration of approval of Memorandum of Understanding (MOU)between the City of Apache Junction and the Department of Public Safety to provide our officers continued access to the State. Gang Intelligence Enforcement Mission (GITEM)files. 4.Consideration of appointment of Cliff Axt to Superstition Mountain Community Facilities District No.1 Board of Directors. 5.Consideration of approval of Change Order for Specialty Contractors in the amount of $20,730 for Broadway Avenue Project. 6.Consideration of approval of Change Order for Stantec in the amount of $7,125 for additional engineering services for Superstition Boulevard and Ironwood Drive Project. ACCEPTED THIS 6TH DAY OF MAY ,2003,BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA. SIGNED AND ATTESTED TO THIS 6TH DAY OF MAY 2003. REGULAR MEETING OF THE CITY COUNCIL APRIL 15 2003 PAGE 28 OF 29 ATTEST: KATHLEEN CONNFIIY City Clerk DOUGLAS COVMAN Mayor 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 15th day of April,2003.I further certify that the meeting was duly called and held and that a quorum was present. Dated this 30th day of April,2003. KATHLEEN CONNELLY City Clerk ( REGULAR MEETING OF THE CITY COUNCIL APRIL 15 2003 PAGE 29 OF 29