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HomeMy WebLinkAbout2022 11.15 City Council Regular Agenda City of Apache Junction, Arizona Meeting location: City Council Chambers at City Hall Agenda 300 E.Superstition Blvd Apache Junction,AZ City Council Meeting 85119 apachejunctionaz.gov Ph:(480)982-8002 Tuesday, November 15,2022 7:00 PM City Council Chambers A. CALL TO ORDER B. INVOCATION AND PLEDGE OF ALLEGIANCE C. ROLL CALL D. CONSENT AGENDA The council may, at this time, take single action on any or all items listed as consent agenda items. These may include, but are not limited to, acceptance of agenda, acceptance of minutes, appointments, acceptance of resignations and adoption of certain resolutions and other items which do not require a public hearing. The consent agenda is a timesaving device of which the mayor and city council is to receive documentation on these items from the city manager for their review prior to the meeting. Any member of the council may remove any item from the consent agenda for discussion and cause a separate vote on the matter later in the agenda. 1. 22-717 Consideration of acceptance of agenda. Sponsors: Jennifer Pena 2. 2 -718 Consideration of approval of minutes of the regular meeting of November 1, 2022. Sponsors: Jennifer Pena Attachments: CCMIN 2022.11.01 MINUTES 3. 22-715 Consideration of approval of the Library Board of Trustees amendment to the Library Board By-Laws. This item was presented and discussed at the city council meeting held November 1, 2022. Sponsors: Pamela Harrison Attachments: MEMO-Amendment to Library Board By®Laws Library Board By-Laws Final-_approved 10-13-22 City of Apache Junction,Arizona Page 1 Printed on 111812022 City Council Meeting Agenda November 15,2022 4. 22-738 Consideration of adoption of the fourth amendment to the landscape maintenance service contract with Brightview Landscape Services, Inc., increasing the cost of services by 5% due to inflation, for a total not to exceed $225,000.00. This item was presented and discussed at the city council meeting held November 1, 2022. Sponsors. Liz Langenbach Attachments: Staff Men2gz Bri htview Amendment 2018Bri htview Contract-Executed Co Brightview Agreement-Fourth Amendment E. AWARDS, PRESENTATIONS AND PROCLAMATIONS Awards,presentations from other organizations,proclamations issued by the mayor, and acknowledgement of distinguished guests and visitors, and staff presentation of receipt of grant or donated funds are permitted at this time. F. REGIONAL INTERGOVERNMENTAL UPDATES The mayor or any member of council may at this time present a brief summary of any regional intergovernmental updates. However, no discussion shall take place on such items except for clarifying comments related to substance, time and location. 5. 22-719 Brief summary of intergovernmental updates from mayor and councilmembers. Sponsors: Chip Wilson G. CITY MANAGER'S REPORT The city manager, members of city staff or those individuals designated by the manager may present information pertinent to items under consideration or information related to the operation of the city. There shall however be no discussion at this time except for clarification inquiries. 6. 22-720 City Manager's Report. Sponsors. Bryant Powell 7. 22-731 Project update and discussion with Resolution Copper Project Director, Vicky Peacey. Sponsors: Bryant Powell 8. 22-721 Announcement of current events. Sponsors: Al Bravo H. PUBLIC HEARINGS Public hearings required by applicable law shall be conducted by the council and any person shall be given the opportunity to speak.All remarks shall be addressed to the council as a whole and not to any member thereof. Such remarks shall be limited to five(5)minutes unless additional time is granted by the mayor. This time limitation shall not apply to applicants and their agents appearing before the council. City of Apache Junction,Arizona Page 2 Printed on 111812022 City Council Meeting Agenda November 15,2022 9. 22-710 Presentation, discussion, public hearing, and consideration of proposed Ordinance No. 1528 (case P-21-99-PZ), a proposed Planned Development Major Amendment of the High Density Multiple-Family Residential by Planned Development(RM-2/PD)zoned property at 94 W. Roundup Street(parcels 100-31-017C, 100-31-017D and 100-31-017B), located at the northwest corner of Idaho Road and Roundup Street, for the development of three, two-story 4-plexes. This item was presented and discussed at the city council meeting held November 1, 2022. Sponsors: Kelsey Schattnik Attachments: P-21-99-PZ CC Memo P-21-99-PZ P&Z Staff Report Ex. 1 P-21-99-PZ Protect Narrative 4 W. Roundup Ex. 2 Aerial Map Ex. 3 P-21-99-PZ Site Plan Ex.4 P-21-99-PZ Elevations Ex. 5 P-21-99-PZ Landscape Plan Ex. 6 P-21-99-PZ-Participation Plan and Final Re ort Conditions of Approval Ordinance No. 1528 Resolution No.22-38 10. 22-732 Presentation, discussion, public hearing, and consideration of proposed Resolution No. 22-38 (case P-21-99-PZ), a Resolution of the Mayor and City Council of the City of Apache Junction, Arizona, declaring as a public record that certain document filed with the City Clerk and entitled "Zoning Conditions of Case No. P-21-99-PZ authorized under Ordinance No.1528 for the planned development major amendment of the property legally described as and located at 94 W Roundup Street, Apache Junction, Arizona."This item was presented and discussed at the city council meeting held November 1, 2022. Sponsors: Kelsey Schattnik Attachments: P-21-99-PZ CC Memo 94 W. Roundup St. ®Conditions of Ap roval Ordinance No. 1528 Resolution No.22-38 City of Apache Junction,Arizona Page 3 Printed on 111812022 City Council Meeting Agenda November 15,2022 11. 22-727 Presentation, discussion, public hearing, and consideration of Ordinance No. 1530, case P-22-88-PZ, a request by Chris Hundelt of Keystone Homes for the approval of a planned development rezoning of 14.1 acres currently zoned RS-GR and RM-2 to RM-2/PD to approve and facilitate the development of a 158-unit leased residential community tentatively known as "The Havenly Scenic." This item was presented and discussed at the city council meeting held November 1, 2022. Sponsors: Nicholas Leftwich Attachments: P-22-88-PZ Staff Memo Ordinance No, 1530 Legal Descriptions and Zoning Conditions of Case No. P-22-88- P-22-88-PZ Staff Report Ex. 1 Project Narrative Ex.2 P-22-88-PZ Site Plan Ex. 3 Side-lay-Side Site Plans Ex.4 Aerial Zonino Map Ex. 5 Landscape,Wall.and Amenity Plans Ex. 6 Elevations and Floor Plans Ex. 7 Final Public Participafion Report 12. 22-728 Presentation, discussion, public hearing, and consideration of proposed Resolution No. 22-43, a Resolution of the Mayor and City Council of the City of Apache Junction, Arizona, declaring as a public record that certain document filed with the City Clerk and entitled "Legal Descriptions and Zoning Conditions of Case No. P-22-88-PZ Authorized under Ordinance No.1530." Sponsors: Nicholas Leftwich Attachments: P-22-88-PZ Staff Memo Resolution No.22-43 Legal Descriptions and Zoning Conditions of Case No. P-22-88- City of Apache Junction,Arizona Page 4 Printed on 111812022 City Council Meeting Agenda November 15,2022 13. Pronentotnn, discussion, public hearing, and onnaidnnadnn of Ordinance No. 1531. case P-22-89-PZ. e request by Chris Hunde|tof Keystone Homes hu amend Ordinance No.1518to modify the conditions of approval requiring the improvement and dedication of Colt Road. This item was presented and discussed at the city council meeting held November 1. 2022. Sponsors: Nicholas Leftwich Attachments: P-22-89-PZ Staff Memo Ordinance No. 1531 Legal Descriptions and Zoning Conditions of Case No, P-22-89- P-22-89-PZ Staff Report Ex. 2 P-22-89-PZ-Amended Colt Exhibit Ex. 3-Combined Site Plan Ex. 3 Side-By-Side Site Plans Ex.4 Ordinance No. 1518 Ex. 5 P-21-73-PZ Approved Updated Site Plan 10,28.21 Ex. 6 The Havenly Superstition Pre-Application Review Cornme 14. Presentation, discussion, public hearing, and consideration of proposed Resolution No. 22-44. o Resolution of the Mayor and City Council of the City of Apache Junction, Arizona, declaring osnpublic record that certain document filed with the City Clerk and entitled "Logo| Descriptions and Zoning Conditions of Case No. P-22-80-PZ Authorized under Ordinance No.1531 for the Planned Development Major Amendment of Ordinance No.1518." 8pmrmxos: Nicholas Leftwich Attachments: P-22-89-PZ Staff Memo Resolution No.22-44 1- OLD BUSINESS The council shall consider any business that has been previously considered and which is still unfinished to include those items previously postponed or tabled. No member of the public shall be permitted to speak on these items unless invited to do so by the mayor after first submitting a written noquoot-/o-opma6 form with the city clerk. City vr Apache Junction,Arizona Page Printed on/m812022 City Council Meeting Agenda November 15,2022 15. 22-670 Presentation, discussion, and consideration of rejection of bids made by Tyler Technologies and Capers North America and approval of contract award to Mark 43 for RFP#23001 Computer Aided Dispatch/Public Safety Software Solution, Records Management System, and Mobile Field Reporting Software for 1 year in the amount of$490,645.00 with four additional automatic one-year renewals of $269,062.00 for a total not to exceed $1,566,893.00. Funding from the American Rescue Plan Act of 2021 will be used for this procurement. This item was presented and discussed at the city council meeting held November 1, 2022. Sponsors: Michael Pooley Attachments: Memo City Council Mark43 2022.10.14 Mark43 SLSA for Apache Junction A ache Junction Police Department-Statement of Work J. NEW BUSINESS The council shall consider any business not yet considered. No member of the public shall be permitted to speak on these items unless invited to do so by the mayor after first submitting a written request-to-speak form with the city clerk. 16. 22-734 Presentation, discussion, and consideration of Resolution No. 22-46, an intergovernmental agreement with the City of Apache Junction and the Arizona Department of Public Safety for security support services at the State Farm Stadium in Glendale, Arizona. Sponsors: Michael Pooley Attachments: Resolution 22-46 IGA DPS-Glendale Stadium 17. 22-735 Presentation, discussion, and consideration of Resolution No. 22-47, an intergovernmental agreement with the City of Apache Junction and the Maricopa County Sheriff's Office for Detention Officer Basic Training Academy use on an as-needed basis. Sponsors: Michael Pooley Attachments: Resolution 22-47 IGA MCSO-Detention Officer Basic Training 18. 22-713 Presentation, discussion, and consideration on Resolution No. 22-45, authorizing the city to enter into an intergovernmental agreement with Apache Junction Unified School District#43 to create a virtual library card for students using their school identification number. Sponsors: Pamela Harrison Attachments: MEMO-Resolution 22-45 and IGA with AJUSD Student ID card resolution and IGA City of Apache Junction,Arizona Page 6 Printed on 111812022 City Council Meeting Agenda November 15,2022 19. 22-726 Presentation and discussion on an award of contract to Viasun Corporation for asphalt crushing and screening. The work will be done through the Pinal County Cooperative Job Order Contract No.175623 for a total amount not to exceed $156,046.02. This service contract is part of the Fiscal Year 22/23 Capital Improvement& Street Maintenance Plan. Sponsors: Shane Kiesow Attachments: Staff Memo-HFS22-34 Award HFS22-34 Agreement-Viasun K. COUNCIL DIRECTION TO STAFF This item allows the mayor and city council to direct staff on specifically listed matters. L. SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES 20. 22-722 Executive Session at 6:00 PM for Monday, December 5, and Tuesday, December 6, 2022, in the city council conference room located at 300 E Superstition Boulevard in Apache Junction, Arizona and other meetings scheduled if necessary. Sponsors: Jennifer Pena M. CALL TO PUBLIC At this time the public has the privilege to address the council with requests, communications, comments or suggestions relating to city business.All speakers must have already submitted a written "Request to Speak"form to the city clerk no later than the conclusion of the city manager's report portion of the agenda. If there is a group speaking on the same item, they should select a spokesperson.All such remarks shall be addressed to the council as a whole and not to any member thereof. The mayor is authorized to ask a speaker to stop speaking and leave the podium or to adjourn the meeting if anyone becomes disorderly, uncivil, makes personal attacks or continues to speak about items that are not within the jurisdiction of the city after being warned such issues are beyond the jurisdiction of the city to act. The council may not answer questions of the speaker, discuss the matter with one another, but may, at the conclusion: 1)respond to criticism by a speaker,•2)ask the city manager to review a matter,•3) ask the city manager to place the matter on a future agenda. Each speaker must approach the podium, speak into the microphone,provide their name and address. There is a three(3)minute time limit per speaker. N. ADJOURNMENT Copies of this agenda and additional information on any of the items listed above may be obtained from the City Clerk's office located at 300 E Superstition Blvd,Apache Junction,AZ 85119, Monday through Thursday from 7:00a-6:00p, excluding holidays. The City of Apache Junction invites and welcomes people of all abilities to use our programs, sites and facilities. Specific requests may be made by contacting the Human Resources Office at(480)474-2617 or TDD(480)983-0095. The Apache Junction City Council may vote to go into Executive Session for legal advice on any item listed on this agenda pursuant to A.R.S. §38-431.03(A)(3);this notice is given pursuant to A.R.S. § 38-431.02 to the members of the City Council and the public. City of Apache Junction,Arizona Page 7 Printed on 111812022 City Council Meeting Agenda November 15,2022 City of Apache Junction,Arizona Page 8 Printed on 111812022 City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No. 1. File ID: 22-717 Sponsor:Jennifer Pena Agenda Date: 11/15/2022 Index: In Control: City Council Meeting Consideration of acceptance of agenda. City of Apache Junction,Arizona Page 1 Printed on 111812022 City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No.2. File ID: 22-718 Sponsor:Jennifer Pena Agenda Date: 11/15/2022 Index: In Control: City Council Meeting Consideration of approval of minutes of the regular meeting of November 1, 2022. City of Apache Junction,Arizona Page 1 Printed on 111812022 City of Apache Junction, Arizona Meeting location: City Council Chambers Meeting Minutes at City Hall 300 E.Superstition Blvd CityCouncil Meeting Apache Junction,AZ g 85119 apachejunctionaz.gov Ph:(480)982-8002 Tuesday, November 1,2022 7:00 PM City Council Chambers A. CALL TO ORDER Mayor Wilson called the meeting to order at 7:05 p.m. B. INVOCATION AND PLEDGE OF ALLEGIANCE Vice Mayor Rizzi gave the invocation and Councilmember Heck led the meeting attendees in the Pledge of Allegiance. C. ROLL CALL Present: 7- Mayor Wilson Vice Mayor Rizzi Councilmember Evans Councilmember Heck Councilmember Johnson Councilmember Nesser Councilmember Schroeder Staff in Attendance: Bryant Powell, City Manager Matt Busby, Assistant City Manager Joel Stern, City Attorney Jennifer Pena, City Clerk Evie McKinney, Deputy City Clerk Michael Pooley, Police Chief Al Bravo, Public Information Officer Rudy Esquivias, Development Services Director Liz Langenbach, Parks& Recreation Director Jamie Sullivan, Recreation Superintendent Pam Harrison, Library Director Nicholas Leftwich, Associate Planner Kelsey Schattnik, Planner Keith Gabriel, Police Officer Kimberly Heldt, Procurement Administrator Doug Wirthgen, IT Director Shane Kiesow, Public Works Manager D. CONSENT AGENDA Vice Mayor Rizzi moved,seconded by Councilmember Nesser to approve the Consent Agenda. City of Apache Junction,Arizona Page 1 City Council Meeting Meeting Minutes November 1,2022 Yes: 7- Mayor Wilson, Vice Mayor Rizzi, Councilmember Evans, Councilmember Heck, Councilmember Johnson, Councilmember Nesser and Councilmember Schroeder No: 0 1. 22- 72 Consideration of acceptance of agenda. 2. 22-673 Consideration of approval of minutes of the regular meeting of October 18, 2022. E. AWARDS, PRESENTATIONS AND PROCLAMATIONS 3. 22-664 Proclamation designating the month of November as "National Alzheimer's Awareness Month". Mayor Wilson proclaimed the month of November, 2022, as National Alzheimer's Awareness Month. 4. 22-666 Proclamation designating the month of November as "National American Indian Heritage Month". Mayor Wilson proclaimed the month of November, 2022, as National American Indian Heritage Month and presented the proclamation to Jenny Morrison, with other members from the Apache Trail Chapter 8 National Society Daughters of the American Revolution. 5. 22-669 Proclamation designating Saturday, November 26, 2022, as "Small Business Saturday". Mayor Wilson proclaimed Saturday, November 26, 2022, as Small Business Saturday and presented the proclamation to Mary Ann Przbylski from the Apache Junction Chamber of Commerce. F. REGIONAL INTERGOVERNMENTAL UPDATES 6. 22-674 Brief summary of intergovernmental updates from mayor and councilmembers. Councilmember Heck attended a GPEC (Greater Phoenix Economic Council) Meeting. He was impressed by the concern given regarding Arizona's position with water. GPEC has experts working on solutions and the issue is not being ignored. Councilmembers Heck, Schroeder and Vice Mayor Rizzi attended the Navy Junior ROTC program, celebrating 25 years of excellence. They commented on the professionalism of these young future leaders. Vice Mayor Rizzi encouraged young students to get involved with this program, as the number of participants has decreased due to school being closed during the COVID pandemic. It is a great program that she and the other Councilmembers want to see continued in the City. Councilmember Schroeder was present at the Pinal Regional Transportation Authority Plan meeting (PRTAP, the "Plan")where the focus was on Proposition 469, a ballot measure that, if approved, would provide monies for transportation funding for the"Plan". There will be an Open House held November 3, 2022, at 6:00pm at the Apache Junction Multi-Generational Center, City of Apache Junction,Arizona Page 2 City Council Meeting Meeting Minutes November 1,2022 hosted by PRTA to make the residents of Pinal County aware of who PRTA is and what they do. More information is available at www.pinairta.org. Mayor Wilson recently attended a Pinal County Town Hall where much discussion was regarding Proposition 469, and how the benefits, if passed,would allow better transportation options to/from the Phoenix Mesa Gateway Airport, as well as anyone traveling on 1-10. He also mentioned he attended a meeting with the Salt River Pima Maricopa Indian Community (SRPMIC), that shared the various programs they disburse funds to, and the activity of the tribes within our communities. Recently, the Superstition Fire& Medical District was approved grant funding from SRPMIC to purchase some much needed and updated equipment for the District. G. CITY MANAGER'S REPORT 7. 2 -675 City Manager's Report. City Manager Bryant Powell announced Megan Carbiener, an Apache Junction Library staff member, has been recognized and awarded by the Arizona Library Association, with the Emerging Leader Award for 2022. This award is presented to individuals who work in a library and show exceptional promise as a leader in this field. The purpose of this award is to recognize individuals with strong leadership potential and to encourage them to take on more responsibilities. "We have great folks doing great things within our organization." 8. 22-676 Announcement of current events. Al Bravo, Public Information Officer, gave an update on Ironwood Drive construction, and the restrictions that continue. Current information can be found at www.apachejucntionaz.gov for all roadway updates. • Household Hazardous Event-Saturday, November 5, 2022, Public Works yard located at 575 E Baseline, 8:00am - 12:00pm. Councilmember Evans informed if anyone needs help getting their items to the event to contact the City of Apache Junction and speak with Fox Young, who will contact the CDC to assist with this. • Free Dump Week- November 7 through 12, 2022 • Election Day- November 8, 2022 • Open House for Proposition 469- November 3, 2022, 6:00pm, Apache Junction Multi-Generational Center • Veterans Day Parade- November 11, 2022, on the Apache Trail. Events are also scheduled throughout the day at the VFW#9399, located at 133 N. Saguaro Drive, Apache Junction. Lunch of burgers and hot dogs will be offered, along with bounce houses and several food trucks. A Lynyrd Skynard tribute band will be performing that evening. Citizens are encouraged to bring their own chairs. Money collected at the event will be shared with area veterans, homeless shelters, and the food bank. The Apache Junction ROTC students will be assisting with the daily events. • Festival of the Superstitions- November 12, 2022. Visit www.ajchamber.com for more details. City of Apache Junction,Arizona Page 3 City Council Meeting Meeting Minutes November 1,2022 • Citizen Leadership Institute (CLI)starts in January 2023. This is offered to learn about municipal government and more specifically, the Apache Junction government. For further information, and to register for the Institute visit www.apachejunctionaz.gov/cli. H. PUBLIC HEARINGS 9. 22-684 Presentation, discussion, public hearing and consideration of Resolution No. 22-42, case P-21-98-SD, a proposed preliminary plat comprised of 106 residential townhouse lots on 7.7 acres, tentatively known as "Old West Highway Village," located south of Old West Highway between Royal Palm Road and Tomahawk Road. Previously presented and discussed at October 3, 2022, City Council Work Session. Councilmember Evans moved,seconded by Vice Mayor Rizzi that Resolution No.22-42,a Resolution of the Mayor and City Council of the City of Apache Junction Arizona,a proposed preliminary plat for what is tentatively known as"Old West Highway Village",consisting of 106 residential townhouses be approved. Yes: 6- Mayor Wilson, Vice Mayor Rizzi, Councilmember Evans, Councilmember Johnson, Councilmember Nesser and Councilmember Schroeder No: 0 Recused: 1 - Councilmember Heck Nicholas Leftwich, Associate Planner provided the city council with the following update: Summary P-21-98-SD is a proposed preliminary plat of parcels 102-03-3030 and 102-02-0050, approximately 7.7 acres currently zoned RM-1/PD "High Density Multiple-Family Residential by Planned Development"that has been requested by Galileo Capital Partners, represented by Greg Loper. The original rezoning by planned development was approved by the council on February 2, 2021, through Ordinance No. 1501. This preliminary plat is specifically the preliminary consideration of the proposed subdivision. The properties will actually be subdivided and finalized through a future, final plat submittal. P&Z Commission Hearing and Recommendation The Planning and Zoning Commission held a public hearing for P-21-98-SD on September 27, 2022, at which time they voted 6-0 to recommend approval of P-21-98-SD, subject to the conditions of approval found in the staff report and adding to condition#4"stronger language to ensure that it is clear who is responsible for maintenance if the HOA should disappear." During the meeting the Planning and Zoning Commission discussed the maintenance responsibilities, homeowners associations, parking provisions, the location of amenities, affordability, water drainage, and the development's impact on the local neighborhood. Councilmember Evans requested a time line for the development. The applicant was called to address Council. Mr. Greg Loper, representing for the developer, stated groundbreaking is anticipated by January 2024. Mayor Wilson opened the Public Hearing. Mr. Daniel Egan, an Apache Junction resident, City of Apache Junction,Arizona Page 4 City Council Meeting Meeting Minutes November 1,2022 expressed his positive thoughts regarding this project and is very interested in purchasing one of the completed homes. He requested Council to look at this project in a favorable light. Mayor Wilson closed the public hearing. I. OLD BUSINESS J. NEW BUSINESS 10. 22-679 Presentation, discussion, and consideration of proposed Resolution No. 22-37, which adopts the 2022 Pinal County Multi-Jurisdictional Hazard Mitigation Plan. Vice Mayor Rizzi moved,seconded by Councilmember Nesser that Resolution No.22-37,adopting the 2022 Pinal County Multi-Jurisdictional Hazard Mitigation Plan be approved. Yes: 7- Mayor Wilson, Vice Mayor Rizzi, Councilmember Evans, Councilmember Heck, Councilmember Johnson, Councilmember Nesser and Councilmember Schroeder No: 0 Shane Kiesow, Public Works Manager, provided an in-depth summary of Pinal County's Multi-Jurisdictional Hazard Mitigation Plan. He stated Pinal County Emergency Management staff, in addition to staff from municipalities throughout Pinal County, collaborated over the past eighteen months to update the Pinal County MultiJurisdictional Hazard Mitigation Plan ("Plan"). The resulting 2022 Plan is an updated version of the 2016 version with the origin of initial adoption in 2006. Resolution 22-37 will approve the adoption of this updated version for the city's planning purposes, affirming the monitoring and maintenance of the plan by the staff designated in the Plan for a period five (5)years. Adoption of the Plan's revisions and maintenance actions are required by the Disaster Mitigation Act of 2000 and Federal Emergency Management Administration and would keep the City of Apache Junction eligible for certain categories of federal disaster monies. 11. 22- 37 Presentation, discussion, and consideration of the Public Art Commission's recommendation of approval of artist Trevor O'Tool's public art concepts for the Dutchman Dog Park. Previously presented and discussed at the October 3, and October 17, 2022, City Council Work Sessions. Councilmember Evans moved,seconded by Vice Mayor Rizzi that the Public Art Commission's recommendation of approval of artist Trevor O'Tool's public art concepts for the Dutchman Dog Park with the changes requested by the city council at the city council work session of October 17th be approved. Yes: 6- Mayor Wilson, Vice Mayor Rizzi, Councilmember Evans, Councilmember Heck, Councilmember Johnson and Councilmember Nesser No: 1 - Councilmember Schroeder Rudy Esquivias, Development Services Director, provided city council with the final presentation and changes to the public art installation for the Dutchman Dog Park which will consist of a Husky and pup at the main entrance of the park. He noted, at the October 31 st work session, city council had made the request to change the vivid colors to a more muted tone, and modify City of Apache Junction,Arizona Page 5 City Council Meeting Meeting Minutes November 1,2022 some design features to reduce possible trip hazards. The larger bulldog will be placed in the park area and the color was also toned down to be a more earth green shade. The city council discussed the larger bulldog stance once again, however it was the consensus of the city council to keep it as presented. 12. 22-668 Presentation and discussion on RFP #23001, Computer Aided Dispatch Public Safety Software Solution, Records Management System, and Mobile Field Reporting Software, for 1 year in the amount of $490,645.00 with four additional automatic one-year renewals in the amount of$269,062.00 for a total not to exceed $1,566,893.00. Funding from the American Rescue Plan Act of 2021 will be used for this procurement. Police Chief Michael Pooley presented the Computer Aided Dispatch ("CAD")Public Safety Software Solution, Records Management System ("RMS"), and Mobile Field Reporting Software item to the city council. The Apache Junction Police Department's ("AJPD")current Computer Aided Dispatch ("CAD") and Records Management System (`RMS") needs updating and replacement due to the limited level of functionality offered by the current system and aging hardware and software. AJPD needs a system that allows end users to better analyze public safety trends, link crime and events, identify suspects and improve the quality of field reporting and statistical reporting. To meet the needs of the AJPD, the city issued a Notice Inviting Bid Proposals#23001, on April 20, 2022, with a reply deadline of May 25, 2022, at 2:00 p.m. Three bids were received as follows: Capers North America $377,000.00 Mark43 $1,566,893.00 Tyler Tech $1,488,135.00 Staff reviewed the proposals for proven technical ability, qualifications/experience, proposed solution/method of approach and pricing. Mark43 was deemed the most responsive and responsible bidder. Funds for this project are allocated in fiscal year 2022-2023 with the use of American Rescue Plan Act of 2021 ("ARPA") revenues made available by the Federal government. Questions from the city council consisted of funding for this fiscal year, a timeline of implementation and obsoletion, and the risk of being hacked. Chief Pooley confirmed the funding had been budgeted for this fiscal year and ARPA funds would be used. Mark 43 is a self contained cloud based system that is able to run upgrades and updates ongoing and the timeline for the installation and implementation is 12 months. He added other agencies using this system are the United States Secret Service, the Federal Defense Intelligence Agency as well as several other large public safety departments. Information and Technology Director Doug Wirthgen answered questions from the city council related to security, and the life expectancy of the software. City of Apache Junction,Arizona Page 6 City Council Meeting Meeting Minutes November 1.2V22 13. 22-678 Presentation and discussion on the Library Board of Trustees approved amendment to the Library Board By-Laws. Library Director Pamela Harrison obohad the Library Board voted to change the by-laws from holding a regularly scheduled meeting hoae needed basis. This will streamline staff efficiency and reduce costs due to all the behind scenes that must be done to meet statutory requirements. 14. 22-671i Presentation and diSCVSSi0n of case P-21-99-PZ, a proposed Planned Development Major Amendment of the High [)8nSib/ Multiple-Family Residential by Planned Development /RK4-2/P[]\ zoned property at 94 W. Roundup Street (parcels 100-31-017C. 100-31-017[} and 100'31-017B). located at the DOrthvv0St corner of Idaho Road and Roundup Gtneet, for the development of three, two-story 4-p|exeo. Kelsy Schattnik, Senior Planner provided city council with a detailed summary of the project. Background This is a proposed Planned Development(''PD'') Major Amendment of the property known an 04 W. Roundup Street(APNo: 100'31'017C. 100'31'017D. & 100'31'017B). located near the northwest corner ufIdaho Rood and Roundup Street, zoned High Density K4uUipleFomi|y Residential by Planned Development(^RM-2/PD^)tn allow three, two-story4-p|exes (12 total units). Planninq and Zoninq Commission Recommendation The Planning and Zoning Commission Public Hearing was held on October 11, 2022. The Planning and Zoning Commission voted 5:1 to recommend denial ofP-21-AA'PZ. The commission did not believe the proposed two story design was the best use for the property and that it was not consistent with the surrounding neighborhood (Apache Junction ("AX) Townhomes). The commissioners had concerns regarding privacy for the existing residents of AJ Townhomeson the north side of the proposed development, as rear facing balconies are being proposed on the second floor. Although the applicant is proposing to plant a minimum of 38^ box trees along the northern property line anscreening, the commission was hesitant that the trees would be maintained in a way that ensured privacy. The Planning Commission also had concerns regarding the long-term management of the property. It was unclear to the commission how the property would be maintained overtime, especially if, in the future, the parcels were each owned and managed by separate individuals as opposed to one, singular management company. 0vera||, the commissioners believed that more compatible design could be achieved on the property. PLANNING STAFF ANALYSIS Relationship toGeneral Plan: The subject site is designated by the City'o General Plan as"High Density Residential". This project iain compliance with the existing general plan land use designation. Zoning/SiteContext The approximate 1-acre property is surrounded by residential properties on all sides. City vr Apache Junction,Arizona Page City Council Meeting Meeting Minutes November 1,2022 Planned Development Zoning: There are no Zoning Ordinance deviations being requested as a part of the rezoning. FINDINGS OF FACT As required by the Apache Junction Zoning Ordinance, a Planned Development request may be approved by the City Council after consideration has been given to three different criteria. 1. That a better design cannot be achieved by applying the strict provisions of the underlying zoning district. Applicant Response: The site is only 98 feet wide.After applying the strict provision of the underlying districts of 20 feet setbacks for the front, 20 feet for the rear, and 33 feet federal easement the leftover of 33 feet makes it very difficult to achieve a better design on the lot without going up 2 stories. Hence, we are asking for an amendment to allow a 2-story design. Though the current zoning allows for 40 feet building height, we have limited the building height to about approximately 25 feet to complement the surrounding properties. We also proposed to plant a line of trees along the northern boundary for screening and for the privacy of the inhabitants on the northern border of the proposed development. 2. That strict adherence to the provisions of the zoning ordinance is not required in order to ensure the health, safety and welfare of the inhabitants of the proposed development. Applicant Response: The strict adherence to the zoning provision is not necessary to ensure the health, safety, and welfare of the inhabitant. By relinquishing 16 feet of the existing Federal easement from 33 feet to 17 feet, we can provide a 20 feet rear setback to ensure the privacy of residence to the northern of the proposed development, without compromising the 50 feet standard for city road. We proposed to plant a line of trees along the northern boundary for the privacy of the inhabitants on the northern border of the development. 3. That strict adherence to the ordinance is not required to ensure that property values of adjacent properties will not be reduced. Applicant Response: The strict adherence to the ordinance offers investors limited options, thus has discouraged development. However, by allowing the relinquishment of 16 feet of the exiting federal easement, the proposed plan can meet the 50 feet city street standards as well as provide inhabitants with better design and amenities that enhance surrounding property value, the health, and well-being of the inhabitants. The neighboring AJ homes community is very pleased with the proposed development and desires to see it built. PLANNING DIVISION RECOMMENDATION Throughout the review process, Staff has expressed concerns regarding the maintenance, parking, and two-story nature of this project. In addition to the covenants, conditions, and restrictions ("CC&Rs")and homeowners association("HOA") being developed by the applicant (attached), Staff has worked with the applicant to draft a detailed set of conditions to help address Staff's concerns. Staff is supportive of the proposed project subject to the proposed conditions of approval. City of Apache Junction,Arizona Page 8 City Council Meeting Meeting Minutes November 1,2022 Maintenance Due to the design of the project as three, separate, independent parcels, staff has concerns regarding the perpetual maintenance of the development. Staff recommended that the site be developed as one parcel, but it was the developer's desire to keep all three parcels separate. Although it is the intent of the developer to own, and maintain, all three 4-plexes, it is possible that, in the future, all three parcels could be owned by three separate individuals. In this case, there would be no way to guarantee that all three parcels are maintained to the same standard, or that the owner of the western parcel would not block off the shared amenity space from the other two properties. Parking While the parking requirement per the Zoning Ordinance is being met, there is limited guest parking offered onsite. The development is comprised of three (3)and four(4) bedroom units, which requires a minimum of 2 spaces per unit. In order to meet this requirement, the applicant is providing a one-car garage for each unit, one designated space, as well as driveway space for an additional car to be parked in front of the garage. This provides approximately 12 total spaces per parcel. It should be noted that public parking is allowed along Roundup Street and can be utilized by the residents. It is the intent of the developer to utilize this space for overflow parking. Two-Story Units This property is surrounded to the west, north and south by the Apache Junction Townhomes. Staff expressed concerns regarding privacy for the neighbors to the north of the proposed development. The surrounding townhomes are all single-story in height, and the proposed development is two-stories in height with a useable balcony on the second floor. Staff has required the applicant to plant 36" box Chinese Pistache trees along the northern property line in order to provide privacy for both parties. Ms. Schattnik further addressed council concerns regarding parking at the west end of the project, window height,and parcel combination. 15. 22-685 Presentation and discussion of case P-22-88-PZ, a request by Chris Hundelt of Keystone Homes for the approval of a planned development rezoning of 14.1 acres currently zoned RS-GR and RM-2 to RM-2/PD to approve and facilitate the development of a 158-unit leased residential community tentatively known as "The Havenly Scenic." Nicholas Leftwich, Associate Planner, presented The Havenly Scenic rezoning request. Summary P-22-88-PZ is a request by Keystone Homes for a proposed planned development rezoning of eight parcels to facilitate the development of a one-hundred fifty-eight(158) unit, "single family style" leased residential community. Parcels 101-19-003F, -003A, -003D, -0068, -006C, -006D, and -006A(a total of 9.1 gross acres)are currently zoned RS-GR("General Rural Low Density Single-Family Detached Residential"), while Parcel 101-19-0070 (a total of 5 acres) is currently zoned RM-2 ("HighDensity Multiple-Family Residential"). These parcels are proposed to be rezoned to RM-2/PD ("High Density Multiple-Family Residential by Planned Development"). City of Apache Junction,Arizona Page 9 City Council Meeting Meeting Minutes November 1.2V22 P&Z Commission Hearing and Recommendation The Planning and Zoning Commission held a public hearing for P-22-88-PZ on October 11, 2022, at which time they voted 5-1 to recommend approval ofP'22-88-PZ. During the meeting the Planning and Zoning Commission discussed several aspects of traffic circulation, the connectivity of roads in aderia|s, the provision of access to neighboring paroe|o, and the impact of traffic on the neighborhood in the context of other approved developments. One neighbor attended to voice concerns regarding traffic on Scenic Street, the connection to water utilities, and the impact of development on the neighborhood. The applicant spoke ho answer questions regarding the traffic analysis, the provision of amenities and electric vehicle charging stations. The Planning and Zoning Commission recommended approval of the planned development rezoning of case P-22-88-PZ subject ho conditions listed in their P&Z staff report. 16. 22-686 Presentation and discussion Of case P-22-8S-PZ, 8 request byChris Munde|tof Keystone Homes to amend Ordinance No.151Gto modify the conditions Of approval requiring the improvement and dedication OfColt Road. Nicholas Leftwich, Associate Planner presented the request of an amendment to Ordinance No. 1518. Summary P-22-89-PZ is a request by Keystone Homes for a proposed planned development major amendment cf Ordinance No. 1518bo modify the conditions of approval requiring the improvement and dedication uf Colt Road. The development proposal of the Havenly Scenic considered in case P-22-88-PZ removes Colt Road for which street, landscaping, and civil improvements had been required in Ordinance No. 1518 and case P-21-73-PZ. As the development of the Havenly Scenic would leave several of these conditions of approval of Ordinance No. 1518aa unfulfilled, the applicant has requested an amendment to Ordinance 1518 to release the developer from the obligations to improve and dedicate Colt Road, subject tuthe approval ofP-22-88-PZ. P&Z Commission Hearing and Recommendation The Planning and Zoning Commission held a public hearing for P-22-89-PZ on October 11, 2022, at which time they voted 5-1 to recommend approval ofP-22-8O-PZ. The discussion for case P-22-8S-PZ was held jointly with the discussion nf case P-22-88-PZ. Discussion on the changes to the affected area and neighborhood was focused on the impact of the proposed Haven|y Scenic development(P-22-88-PZ), to which the removal of Colt Road is a subsequent effect. The proposed amendment was not found to have a negative impact on the community. Background On December 7. 2021, the applicant, Keystone Homea, received development plan approval to construct one-hundred sixty-six (188) unit leased residential community tentatively known as "The Havenly Superstition"through the Planned Development Rezoning Case P-21-73-PZ. At the time of the rezoning case P-21-73-PZ, the parcels located west of the subject site across Colt Road were privately owned and occupied by manufactured homes which used Colt Road as their only public street access. Since Colt Road is public street, Ordinance No. 1518 required that the applicant dedicate the east half-street portion of Colt Road, comprising the City vr Apache Junction,Arizona pauem City Council Meeting Meeting Minutes November 1,2022 west twenty-five feet(25)of the subject site, the dedication of a twenty foot by twenty foot(20' x 20')sight visibility triangle at the intersection of Superstition Boulevard and Colt, and required landscaping and other street improvements along the Colt Road street frontage in order to comply with the city's site development and street improvement standards. After the approval of Ordinance No. 1518, the applicant began to pursue the acquisition of the properties located to the west and southwest of the subject site for the purpose of rezoning and developing the adjacent 14.1 gross acres in a manner similar to the Havenly Superstition, and formally applied for a planned development rezoning of the neighboring properties in Case No. P-22-88-PZ. In the development plans for this adjacent project, the applicant has included all three (3)of the residential properties that were served by Colt Road and has proposed to request the abandonment of Colt Road and incorporate this land area into the developed area of the proposed second leased residential community. Side-by-Side Site Plans depict how the proposed communities are arranged and how the portions of Colt Road and Parcels 101-19-002B and 101-12-0080 are to be incorporated in the Havenly Scenic development area. Because the development proposal of P-22-88-PZ(The Havenly Scenic) removes Colt Road and subsequent street, landscaping, and civil improvements that were required, the development of the Havenly Scenic would leave several of the conditions of approval of Ordinance No. 1518 as unfulfilled, therefore, the applicant has requested an amendment to Ordinance 1518 to release the developer from the obligations to improve and dedicate Colt Road. PROPOSALS P-22-89-PZ is a proposed planned development("PD") major amendment of Ordinance No. 1518, which created a PD zoning overlay affecting three parcels comprising 14.77 acres, APN 101-19-002B, 101-19-0010, and 101-19-0080. The proposed amendment removes the requirements and obligations of the developer to dedicate the east half-street portion of Colt Road, which comprises the west twenty-five feet (25')of the subject site, the requirement to dedicate a twenty foot by twenty foot(20' x 20')sight visibility triangle at the intersection of Superstition Boulevard and Colt, and the requirements to provide landscaping and other street civil improvements along Colt Road. Specifically, this request modifies the following conditions of approval of Ordinance No. 1518. • Condition One will be modified to exclude the west 25' of the subject area, which shall no longer be part of Colt Road and which is proposed to be incorporated into the development area of P-22-88-PZ"The Havenly Scenic." • Condition Two will have a minor modification removing the language requiring landscaping on the west side of the property, since there will no longer be street frontage there. • Condition Three will have a minor modification altering the language requiring civil improvements to be made as required in the review comment documents dated 5/13/21 amended to exclude the improvements required along Colt Road. • In Condition Five the right-of-way dedications will be modified to remove the twenty foot by twenty foot(20'x 20')cutoff corner sight visibility triangle at the intersection of Superstition and Colt in Item Two (#2)and the requirement to dedicate the west 25'of the subject area for Colt Road's dedication in Item Three (#3). Mr. Leftwich stated planning staff recommends approval of P-22-89-PZ subject to the conditions of approval listed below. The conditions of approval would act as a replacement for the City of Apache Junction,Arizona Page 11 City Council Meeting Meeting Minutes November 1,2022 conditions of approval in Ordinance No. 1518, replacing the conditions as a whole to prevent inconsistencies between the two Planned Development Ordinances for the subject site. Replace the conditions of approval in Ordinance No. 1518 with the following conditions of approval: 1)The development shall reflect substantial compliance and consistency with the city's Zoning Ordinance and the Planned Development presented with the site plan dated 10/28/21 in case P-21-73-PZ, incorporated by reference herein, and as otherwise specified through these conditions of approval, to include general layout, elevations, lot sizes, setbacks deviations, public and private rights-of-ways, pedestrian trails, amenities, perimeter and interior lot separation walls, model types, landscaping and other improvements, with exception to the dedication and street improvements indicated on Colt Road. 2) Landscape, screening and irrigation improvements, planted within a minimum 10-foot deep strip inside the net property line (but outside of required walls)along the north and east perimeters of the property, shall be provided in compliance with the city's landscape and screening requirements contained in Apache Junction City Code, Volume 11, Land Development Code, Chapter 1, Zoning Ordinance, Article 1-8, Landscape Regulations. All required trees shall be 24" box and all required shrubs shall be 5-gallon in size and a decorative 6-foot-tall fence shall be constructed as part of said screening. Landscaping around the exterior perimeter, horse trail area, shall be horse-plant friendly. 3)The developer's engineer shall meet the civil engineering improvement plans and document requirements, as outlined in the previously provided pre-application review comments dated 5/13/21 (P-21-39-PDR)and in accordance with the city's approved engineering standards that are in effect at the time of plan submittal, with exception to the to the dedication and street improvements indicated on Colt Road and the twenty foot by twenty foot(20' x 20')cutoff corner sight visibility triangle at the intersection of Superstition and Colt. 4) Street improvements shall include, but are not necessarily limited to, extension of pavement, sidewalk, curb, gutter, streetlights, underground utilities, fire hydrants, landscaping, all of which are subject to review and approval by the city engineer. 5)The following right-of-way dedications shall be made: a. Along the north side of the property, the south 50 feet of East Superstition Boulevard shall be dedicated as public right-of-way. b. A 20 foot by 20 foot triangular corner cut-off visibility triangles at the intersections of Superstition and Royal Palm. c. The east 40 feet of the property for North Royal Palm Road. 6)The proposed development will not be age-restricted. 7)All common and amenity areas within and immediately adjacent to the proposed development, including perimeter walls and fences, and interior and exterior common area landscaping, shall be maintained in good condition at all times by the property owner and its successors and assigns. 8)Any major deviation or proposed changes from the original plans associated with this case will require a major PD amendment. 9)A 10 foot paseo or trail path connecting this development and the greater neighborhood to the emerging downtown developments planned to the west of this property shall be provided within the open space along the southern property line. 10)The minimum front setback and the minimum rear setback for main structures shall be reduced from 20 feet to 10 feet. 11) Upon approval of the rezoning, the three parcels, 101-19-002B, 101-19-0010, and 101-19-0080, shall be combined through the city's lot combination process. 12) Prior to execution of any lease, prospective tenants shall provide given written disclosure City of Apache Junction,Arizona Page 12 City Council Meeting Meeting Minutes November 1,2022 in their lease and in a separately signed disclosure statement for the signature of each buyer, acknowledging that the development is located adjacent to or nearby existing ranchette(s); that such uses are legal and should be expected to continue indefinitely; and animal privilege properties that may cause adverse noise, odors, and other externalities. This responsibility for notice rests with the developer and shall not be construed as an absolute guarantee by the City of Apache Junction for receiving such notice. 13)All leases at the development shall provide that all questions, concerns, complaint any tenant may have about the existing ranchette, animal privilege, and agricultural properties shall be solely directed to the property manager or owner of the development and not to the City of Apache Junction or any neighbors.All leases shall also provide that it shall be within the sole and absolute discretion of the property manager or owner of the development(and not the tenant)to determine (after the manger/owner's due consideration of all related acknowledgements and disclosures that are required by the Zoning Conditions of Approval and consideration of all information known to the manager/owner)whether or not,when, and how to communicate any tenants' questions, concerns, or complaints. 14)All multi-use trails shall be maintained in a clean and orderly manner. Council concerns brought forth included the following: Consideration given to existing occupied manufactured homes,clarification on the size of the project being combined with another, 2 story complaints in the future, and traffic studies. Mr. Leftwich addressed these concerns and stated the developer will be available during the Public Hearing to answer with more detail. 17. 22-689 Presentation and discussion on the fourth amendment to the Landscape Maintenance Service contract with Brightview Landscape Services, Inc. This amendment would increase the cost of services by 5% due to inflation, for a total not to exceed $225,000.00. Parks and Recreation Director Liz Langenbach presented an overview of the amendments to the landscape maintenance contract with Brightview Landscape Services. She stated the City of Apache Junction Parks and Recreation Department has administered the landscape maintenance contract for the city's landscaped right-of-way areas, neighborhood developments, freeway off-ramps and other areas for many years. Brightview Landscape Services, Inc. ("Brightview") is the current contractor for this service, which was formally bid and awarded by city council June 5, 2018. Since that time, Brightview's contract has been amended once in 2019 with a price increase, and then again in 2020 and 2021 with no price increase. City staff have been satisfied with the work done by Brightview and agrees that a 5% rate increase this year is fair. The price of doing business has risen substantially in all industry areas, and as we reviewed other options, it is clear that this is the most efficient and fiscally responsible decision at this time. In addition to the base project areas, Brightview Landscape assists the department during emergency services as well as trimming of trees/palms in areas that the city's equipment cannot get to or the minimal staff on hand cannot service. City of Apache Junction,Arizona Page 13 City Council Meeting Meeting Minutes November 1,2022 K. COUNCIL DIRECTION TO STAFF 18. 22-688 Presentation, discussion, and Council direction to staff on options to pursue in the design of the parks and recreation administrative add-on to the Multi-Generational Center. Councilmember Evans moved,seconded by Vice Mayor Rizzi that the following direction be given to staff regarding options in the design of the Parks and Recreation administrative add-on to the Multi-Generational Center,to include the additional$300,000.00 to move forward. Yes: 7- Mayor Wilson, Vice Mayor Rizzi, Councilmember Evans, Councilmember Heck, Councilmember Johnson, Councilmember Nesser and Councilmember Schroeder No: 0 Parks and Recreation Director, Liz Langenbach updated city council on the design of the P & R Administrative add-on to the Multi-Generational Center. They are currently at the conceptual design phase. Ms. Langenbach presented the schedule, construction budget and drawings that include a fitness deck alternate for the roof. This would be an additional $300,000.00. The current budget for this project does not include the costs for the demolition of the existing administration buildings. However, the demolition of such buildings is included in the long term plan of the project. Council direction was given to research the possibility of installing sun shade sails for outside covering. 19. 22-680 Direction to staff on 1) board and commission member selection; changing Apache Junction City Code, Volume I, Section 2-11-2, relating to the number of Health and Human Services Commission members; and, 2) increase in level of funding. Councilmember Nesser moved,seconded by Vice Mayor Rizzi that the following direction be given to staff regarding Items 19,20 and 21,to place them on future calendars over the next 3 or 4 months. Yes: 7- Mayor Wilson, Vice Mayor Rizzi, Councilmember Evans, Councilmember Heck, Councilmember Johnson, Councilmember Nesser and Councilmember Schroeder No: 0 Councilmember Nesser expressed Items 19, 20 and 21 be continued over the next few months, leaving the decision up to staff to schedule these 3 items at a later date. 20. 22-681 Direction to staff on board and commission member selection; changing Apache Junction City Code, Volume I, Section 2-9-2, relating to the number of Public Arts Commission members; as well as the membership required involvement within the arts community. This Item handled under motion on Item 19. City of Apache Junction,Arizona Page 14 City Council Meeting Meeting Minutes November 1,2022 21. 22-632 Direction to staff related to Apache Junction City Code, Volume I, Section 2-15, Industrial Development Authority, regarding feasibility of dissolution of this body due to lack of activity. This Item handled under motion on Item 19. 22. 22-633 Direction to staff on board and commission member selection related to Apache Junction City Code, Volume I, Section 7-1-5, Construction Board of Appeals. Councilmember Nesser moved,seconded by Vice Mayor Rizzi that the following direction be given to staff regarding the review of the member selection and requirements related to the Construction Board of Appeals. Yes: 7- Mayor Wilson, Vice Mayor Rizzi, Councilmember Evans, Councilmember Heck, Councilmember Johnson, Councilmember Nesser and Councilmember Schroeder No: 0 Councilmember Nesser proposed staff contact local developers to encourage their contractors get involved with the Construction Board of Appeals, as a requirement in the membership states specific contractor titles that typically do not get filled. L. SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES 23. 22-677 Executive Session at 6:00 PM for Monday, November 14, and Tuesday, November 15, 2022, in the city council conference room located at 300 E Superstition Boulevard in Apache Junction, Arizona and other meetings scheduled if necessary. Councilmember Evans moved,seconded by Vice Mayor Rizzi that an Executive Session at 6:00 P.M.for Monday, November 14,2022 and Tuesday, November 15,2022 be held in the city council conference room located at 300 E.Superstition Boulevard,Apache Junction,Arizona,and other meetings scheduled if necessary. Yes: 7- Mayor Wilson, Vice Mayor Rizzi, Councilmember Evans, Councilmember Heck, Councilmember Johnson, Councilmember Nesser and Councilmember Schroeder No: 0 M. CALL TO PUBLIC George Schroeder, 2444 W. Virginia Street,Apache Junction commented on the Dutchman Dog Park design. He also expressed concerns with activity on Cholla Street. Andre Meek, 1327 S. Belair Road, Apache Junction spoke regarding the homeless situation in Apache Junction. Catherine Meek, 1327 S. Belair Road, Apache Junction made an announcement regarding events offered at the Superstition Mountain Museum, in conjunction with the National American Indian Heritage Month. City of Apache Junction,Arizona Page 15 City Council Meeting Meeting Minutes November 1,2022 Mary Stock, 1189 N. Apache Drive, Apache Junction submitted a request to speak, but declined when called upon. Frank Stock, 1189 N. Apache Drive, Apache Junction commented on the Roundup project discussed previously. He encouraged council to give special consideration to their decision on this project. John Reed, 113 W. Rosa Street,Apache Junction, submitted a request to speak, but when called upon was absent. Amy Gibson-Walsh, 1165 N. Papago Drive, Apache Junction expressed her concerns regarding the Roundup Project, and thanked council for their consideration to her issues. Goldine Knudson, 45 W. Rosa Street, Apache Junction shared her disapproval of the Roundup Project. She read comments that she stated at the Planning and Zoning Commission meeting. One of her greatest concerns is the 4'wall height near her home. Linda Thomas, 79 W. Rosa Street, Apache Junction submitted a request to speak, but when called upon was absent. Council directed staff to look into the wall height of 4'within Apache Junction Townhomes. N. ADJOURNMENT Mayor Wilson adjourned the meeting at 10:00 p.m. ACCEPTED THIS DAY OF 12022, BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA. SIGNED AND ATTESTED TO THIS DAY OF 2022. WALTER"CHIP"WILSON Mayor ATTEST: JENNIFER PENA City Clerk CITY COUNCIL MINUTES CERTIFICATION I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the regular meeting of the City Council of the City of Apache Junction, Arizona, held on the day of , 2022. 1 further certify that the meeting was duly called and held and that a quorum was present. Dated this day of 2022. JENNIFER PENA City Clerk City of Apache Junction,Arizona Page 16 City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No. 3. File ID: 22-715 Sponsor: Pamela Harrison Agenda Date: 11/15/2022 Index: In Control: City Council Meeting Consideration of approval of the Library Board of Trustees amendment to the Library Board By-Laws. This item was presented and discussed at the city council meeting held November 1, 2022. City of Apache Junction,Arizona Page 1 Printed on 111812022 fi C5'C a 1177 - . Idaho Road . oho Junction, Arizona 85119-www.alpl.org Phone 7 - -Fax - 5 _ - 711 E NDU THonorable Mayorand City Council Members THROUGH: Bryant Powell,City Manager F Pam Harrison,Library Director DATE: November 1,2022 SUBJECT. Amendment to Library BoardBy-Laws At the Library Board of Trustees October meeting the board voted on and approved an amendment to the Library Board By-Laws,Article 11Meetings,to replace the wording "once a month"with the wording"on an as-needed basis"in the following text:"The board shall establish a regular meeting day and time on an as-needed basis for meetings related to regular business purposes" Staff respectfully requests that this item be placed on the consent agenda forte November 15,222 city council meeting. BY-LAWS FOR THE BOARD OF TRUSTEES OF THE APACHE JUNCTION PUBLIC LIBRARY TTICLE I—MEMBERSHIP 1 This public body shall be called `The Board of Trustees of the Apache Junction Public Library,"hereinafter referred to as the"Board." It shall consist of seven(7)trustees,who shall be appointed by the mayor of Apache Junction, subject to the approval of the city council, to serve staggered three (3)year terms. 2. All trustees shall be residents of the City of Apache Junction. 3. An "Ex officio trustee, without voting privileges, may be designated by the mayor, with the approval of the city council;for a term not to exceed one (1)year. ARTICLE II—MEETINGS 1. The board shall establish a regular eetin day and time on an as-needed basis for meetings related to regular business purposes. 2. Special meetings may be called by the Board president or upon request of a majority of trustees. Notice of special meetings shall be given to each member at least 24 hours before the meeting. 3. A quorum for all Board meetings shall consist of four(4)-voting members for the transaction of all business. The votes of individual members shall be recorded in the minutes. Robert's Rules of Order, as adopted by the city council, shall generally govern the parliamentary procedure of the Board, as determined by the City Attorney. . As circumstances permit,the order of business at each meeting shall be: Call to Order Roll Call Acceptance of Agenda Acceptance of Minutes of Previous Meeting(s) Correspondence and Communications Librarian's Report Old Business New Business Requests for Future Agenda Items Call to Public Ad j ournment ARTICLE III—TERMS OF OF'F°ICE I Trustees are appointed by the mayor and approved by the cite council for three (3)year terms commencing on the first day of November and ending on the 31 st day of October three (3) years thereafter,or until their successors are duly appointed and qualified. Terms are staggered so no more than three(3)trustees' terms shall conclude in any given year. Re®appointment to the Board may be made at the discretion of the city council, with service of successive terms fully permitted. 2. Any member who moves out of the Apache Junction city limits shall be responsible for notifying the library director or library manager. Upon receipt of such notification,the position shall be declared vacant. Vacancies shall be tilled by the city council for the unexpired term of the member affected. 3. When any trustee fails to attend at least three (3) consecutive regular meetings of the Board without reasonable excuse,remaining Board trustees shall vote to retain or recommend to the city council that the trustee be relieved of the duties as an appointed member. ARTICLE IV—OFFICERS 1. At the first regular meeting after November 1 of each year, the Board shall elect a president, vice-president and secretary who shall serve one (1) year terms that begin at the first regular meeting of the next month after the election to office. Vacancies in office shall be filled by vote at the next regular meeting of the Board after the vacancy occurs, and successive terms are fully permitted. 2. The duties of the president shall be to preside at all meetings, insure the agenda is prepared, that items are handled expeditiously, call special meetings, appoint committees, sign all documents authorized by the Board, and generally perform all duties associated with that office. The duties of the vice-president shall be to preside at all meetings in the event of the absence or disability of the President. 4. The Secretary shall be responsible for a record of the proceedings of the Board and the Annual financial report as indicated in Article VI(5)(d). ARTICLE V—COMMITTEES Committees shall be appointed by the president for such specific purposes as the Board may require. Such committees serve until the completion of the work for which they were appointed and, depending on how they are created, may be subject to the provisions of the Arizona Open Meeting Law. ARTICLE VI—RESPONSIBILITIES The Board has the following responsibilities: 1. Have charge of the library and all library property. 2. Upon request of the city manager, assist in the process of selecting the library director. Illustrative examples of assistance include offering the cif manager perspective on the 4 Library's strategic vision and the qualities and characteristics needed in a library director; participating in interviews of director candidates and offering the city managerperspective on those candidates. 3. Make, review and enforce all rules, regulations, and by-laws necessary for the administration and government of the library and all library property. 4; Solicitand/or review recommendations made by the library director. 5. On or before the first Monday of July of each year,make a report to the city council containing: a) A full statement of all property and money received, where derived and how used and expended. s b) The number of books,journals and other publications on hand,the number added by gift, purchase or otherwise during the year,the number lost or missing and the number and kind of those loaned, e) Such other statistics, information and suggestions as may be of general interest. { d) A financial report, showing all receipts and disbursements of money, which shall be signed by the secretary of the Board. ARTICLE VII—AMENDMENTS 1. Amendments to theseby-laws shall take effect after one business/discussion session and after passage at a regular business meeting by a quorum of the members and approved by the Mayor and City Council. Any proposed amendment shall be mailed to the Board trustee at least five (5) days prior to the meeting date. Adopted this ( day of ( Z 2022 F 'resident Seereta City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No.4. File ID: 22-738 Sponsor: Liz Langenbach Agenda Date: 11/15/2022 Index: In Control: City Council Meeting Consideration of adoption of the fourth amendment to the landscape maintenance service contract with Brightview Landscape Services, Inc., increasing the cost of services by 5% due to inflation, for a total not to exceed $225,000.00. This item was presented and discussed at the city council meeting held November 1, 2022. City of Apache Junction,Arizona Page 1 Printed on 111812022 Cit 0 acheJunction Y )fgp W . Homeqf the Superstition Mountains MEMORANDUM TO: Mayor and City Council THROUGH: Bryant Powell, City Manager FROM: Liz Langenbach, Parks & Recreation Director DATE: November 1, 2022 SUBJECT: Amendment to Landscape Maintenance Contract The City of Apache Junction Parks and Recreation Department has administered the landscape maintenance contract for the city's landscaped right-of-way areas, neighborhood developments, freeway off-ramps and other areas for many years. Brightview Landscape Services, Inc. ("Brightview") is the current contractor for this service, which was formally bid and awarded by city council June 5, 2018. Since that time, Brightview's contract has been amended once in 2019 with a price increase, and then again in 2020 and 2021 with no price increase. City staff have been satisfied with the work done by Brightview and agrees that a 5% rate increase this year is fair. The price of doing business has risen substantially in all industry areas, and as we reviewed other options, it is clear that this is the most efficient and fiscally responsible decision at this time. In addition to the base project areas, Brightview, is the landscape company that assists our department during emergency services as well as trimming of trees/palms in areas that our equipment cannot get to or that our reduced staff do not have the capacity to address. it is staff's recommendation that the new pricing and renewal of our contract be added, as listed, in the attached amendment and that the city's public works and parks and recreation departments be given authorization to utilize these services in an amount not to exceed $225,000.00 over the contract period. This item will be presented and discussed at your November 1st council meeting and brought back for final consideration at your November 15t" council meeting. 300 E.Superstition Blvd.•APACHE JUNCTION,AZ 85119 s wmayajcity.net e PHONE(480)983-2181•FAX(480)982-2438•TDD(480)983-0095 �-40 , bpl gCITYPOINT,A , ® VikrE . . . �,. �,. . E�XIT . _ - . (ANIMAL l'WWAYMEDiAN Ie , 1pto byqnoOF APACHE e JUNCTION an Atkoa{ ®_ erd 1 1 I h _ .7 ®r. n C" n t �. ll f r Individually A. Contract , "res nded to.e . requestr proposal Vk In lch rts Its° ill ;ablifty and qualfflodons Mid w terki ° B. CH r , � i forth their glijl® ' l P rin n" " upon whIchn r ihall render the serviceb. C. his T i i it n n ® fin t oed . 'Statute.p d ' d . . �In l° (, ti' l m ° THEREFORE, i _ ins Contractor dr r the services.in n -the ienns .n ®°ohs set forth as fellows: Corftctor shall" , n . use to be done and ° n . . . ntr perr .. d )' ' 'Bid' 1 which .. Thqgeddnipbleal inme of , emu are as deffned In the Peeil a n1 ° oft .. . (' ), . m { He tRoad Abtxm U6 666fid 1 daho 605) ntAw i.n {. ®, 2. l vl be y v Exhibit fort thj3 work ®under ° . Iri`e e i . .. ,. i 4 , t . ° , documents,3. ppNJ8&C_T_-T-9W-, The Term of this Contract shag be performed from October 1,2018 through September 30,2019. Renewals shall only be allowed as mutually agreed upon In wrttlng by the Parties. LA_T_E_R—JA—LS.* Unless otherwise provided In the contract Contractor shall provide,pay and Insure under the requisite lavvi and regulations for all pp @ , r! , 1 6 utilities,transportation, servicesother facilities and i and completion of the work whether temporary or permanent,and whether or not Incorporated or to be Incorporated In the worK ® i runderstands and agrees that inspectionrntractor agrees that City will have thet ,i 1r the Work has been correctionsperliermed r further agrees to make such requirementwithout r any additional charge or cost to City whatsoever. Should either City or Contractor cause early termination of this agreement It perform an completedInspection of all work i it con1brins to the bid specifications prior finalto payment. ® 1 i(i , stinger tam for the work r portions thereof provided by Contractor which are legally enacted at the time bids are received whether or not yet~Ive or subsequently applicable due to aCtB Of jurisdictionsi in ft Contract Documents, shallContractor secure and pay for all permits,government fees,licenses and Inspections necessary for the proper execution and completion of work which are custornedly eacured after whichexecution of the contract and i comply with all i ,rules, public bearing I be provided to ContractorContractor at no cost. represents and warrants did any license necessary to pefform currentthe woric under this Agreement is described herein constitutes 0doing business agrees to obtain a nse pursuant to Article 0-2 of the Apache Junction City Code , license.Vol.1,and keep such ° r r termination of this Agrearrient. Contractor Woo acknowledgeg"that the tax provision of the Apache Junction Tax'Code,Chapter 8A, may also apply and If a shag obtaina transaction licenseprivilege i withinsubcontractors 1 subcontractors,and Contractor ensures its subcontractors will obtain licensee. If tore are taxable activities.a business license prii(dege tax 11cm3nee by the Contractor and any subcontractors throuph the CRY a applicableFurther, Contractor ogreas to pay all applicable privage and use toxes that are COftaftee elapk"es,Moll under no drourrudences;be considered or hold to be wnployaw performance of the swvIces retain Contracinee status as an Independent Contmetor. agents of Clk and City shag have no obligation to pay or withhold Oft or fadwall , Contractor. or Provide IMOdlow,compansellon or unemplagment Insurance for or on behalf of thern or Contractor. Contractor"I supervise and direct the del"of the mideddle usiag its bad ddn and attention. EMW in provided In this AgrawnsK Contractor shall be solely.ragpendlift for all meens,methods,techniques,sequences and procodures,and for coordinadol;d portkna Of to isark required by the contract documerft Contractor shal be responsible to City for the Pwmm PMVft any of ft materfals under any contract document. 9. ALEMMMMU. Coxtractar dO employ a competent project superintendent who shag be In attendance at to pmW aft during the progress ofthe Work The wiparintandent shall represent and be the community agent of Contractor and commurdoodons glwan to the superintendent shag be as bkWkV as 9 given to confirmed In Writing. The destimided superinterWent shag be designated for each project and oonmunlonted to CAW hollers work is p9ftm@d. 10. -M2MdMjEQATM To On Most:extant permitted by Contractor shag Important communications shag be defiend® kWwmffy and hold harmless CRY,Me elsolled and appointed oftwe, and amplayme from and against any and all Nablilly Including but not linked to aagate. e Claims, f1ses w1does, .� . arising frawn or connected &or alleged to have aften from or connected mMng to,adoirg out of,or alleged to ham resulted*am the . with,® . Contractor, ork or swilage of ft W wnployase�or any tier of Commotor's aubscatrufara In tin perfornomse Of this Agmernal Con1ractors duly to defend, held hamciess and indamcffy W Re,Speclat Districts,elected and appointed officers,offliolob,agents, and employees shall arm in connection with any twftis clefro,dornoq%lose or expense 1lud is addoulable to bodily i . use mouNng Sawatem,coused by an Contractors dolmess,dkme,deaft or Injuryto,Impairment,or destruction of pWmty Including loss of Contractor,arrom,ndstakes,emissions.work or services In the pedbe'nonce of this Agreement Including any emplayse of any for of work or services Contractor may be legally Nable, The amount and type of Insurance coverage requirements ad forth herein Wit In no way be construed a limiting the scope of the Indemaky ANP _YIMILLE: The torme and Conditions ofthis Agreement shag be governed by anif Interpreted In accordance with the Ima of the State of Arbons. Any solon at low w In equity brought by efther POW for do purpose of ankmft a dgM or rights provided for In this ll Staft of ® s proceedingman . The Parties hereby walve all provision of law providing for a charge of vmus, In such or condition In this Agrawnent,it b mutually agreed OW the prevailing pwty In such action anal recover all-coaft Inciluding: all I"on and appeal expenses,collection expenses,reagamble O#NnBP'fGG%necesemy witnew few and court seats to,be determined by the court in inich 12. IMM&AIM:Contractor, at Me am ewww%"I purchase and maintain the herein stipulated mInImum Insurance with compordse duly term of this Agrearmt cr to recover any damages for antl on account of to bwM of any term All insurance raquired herein shag be forms satisfactory to CRY. required accepted;jormally failure to do so may,at the odeP maintained constitute 8 material breach of this Agreement Contractor's Insurance shag be primary Insurance n respects the City.and any Insurance or Any logm to comply with the claim reporting provisions of the insurance policies r any breach shallof an Insurance policy wananly not affect coverage afforded under go Insurance policies policies.to protect city. The Insurance City.exoW WwMW Compensation,shall contain a welm of trander rights of recovery(subrogation)against to agents,officers,officials.and employees for any claims arising out of Contractor's sets, f P emissions.work or service. ContractorThe insurance policies my provide coverage which contalne deductibles or self-Insured rehmilons. Such deductible and/or self-Insured relentions shall not be applicable with respect to the coverage provided to City under such policies. shag be soldy responsible for the City,deductible andfor self retention and at is option, receive, may require Contractor to secure payment of such deductibles or self-Insured retentions by a Surety Bond or an Irrevocable and unconditional letter of crodIL City reserves the right to request and to ceitilled copies of within ton(10)worft days, heroinarty or all of the City,obligated, however,to review same or to advise Contractor of any deficiencies In such policies and andorsenwaft,and such reoW shag not relleve Contractor*om,or be domed a walver of,City's Fight to Insist on oft fullitiment of ContacWs obligations under this Agreement. The insurance policies,except Worlare'Compensation and Prolessiaml Liability,required by this AgresmeK shall name Ns agents,officers, officials and employees as Additional BAGE Contractor shall mairi and 6 P .000 General Aggregate ImIL The policy shag Include coverage ibr bodly Injury, broad form property damage, personal i PolicyrJury,products and completed operations and blard* contmotual coverage Including.but nut lknited to,the liability assumed under to Indemnification provisions of this AgreemoK which coverap will be at least as broad as that on Insurance Service Oflice, Inc. provision,Such policy shall contain a saverablity of Interest clause, and shall not contain a sunset provision or commutation The Commercial General Usbility additional insured andoreement shol be at lead as broad as the Insurance Senrice %Additional ® ._ s _ ._ requiredcoverage for ContmeWs operations and products and completer!operspons. If Contractor stall purchase and maintain,at all Imes during prosecution d the Work services or operations under this Agmement,an Owner and Contractces Protective UsbIlRy Insurance policy for badly Injury and property damoge,Including death,which'may odse In ft Prosecution of Conbictorls vrodc,wervice or operations under this Agreement. Coverage sholl be on an occuroarm back with a limit not bm then 01,000,000 par oosuffenco,ed ft pe"she#be Issued by On am insurance company that Issuse Cordractairs Commercial General Usbillily ineuvence. hazards.single limit for bodily hJtxy wW property dernage Of set lm than$1,000.000 seen occampsoa with respect 10 Contraclor's wmvK hired.and non-owned vishicles asslgoW to or used in perkmence of Contractors wodL Coverage will be at knot as broad us coverage code 1,many auto!%(insurance Service Office,Inc. Policy Form CA OWI 129%or any nWkcemwft thenvo. Such Insurance shall Include coverage for loading and off loodling If huardous and$5,000,WD per accident limits i ® fbr badly e VVbdmW Compensation ®Compensation having federal and stele stalules porlbanence of this Work or vemloss;and.Employeft Liablity Insurance of not Was then ribr each accident,$1 W,000e chapter. and$=,Ooo down policy "I am aware and understand,the provisions of ARS.§23-900 at seq.which requims every amployeir to be Insured against 1sbft for wodwW compensation or to undertake oW4neumms In accordance with Us provisions of this and I will coaft with such provisions befte commencing ft performance of tie Work of this Agreement" N Cordrector hen no ornplayese for whom woftW compensation Insurance Is ® required, such Insurance I and when Canbeclor employs any arnployeas subject:to cmsn*& in cum any work le subcontrar:14 Contractor will require subcontractore to provide Workem! Prior to commencing wovk Conkeolor shall submit a declaration or afkWA to Ckj so sUft and 6011ionentleg to obtain services under this Agreement,Contractor shall furnish Cly vath CsrffcaW of knurance,or fannal endorsements as required by Us Agroomerit,Issued by and limits required by this Agreement am in full force 80 effed. The form of the certificates of he approval of the Apache Junction City iAttorrWa shall comply with the Wine of! ! , Issued Office,City Attorney.City Junction, Junction,A7, ° In the merit any Insurance policies required basis,coverage shd exterM for two(2)yeam post completion and acceptance of Contracloes, work r services and as evidenced by annual Certificates of Insurance. if ! date.thirty(30)calendar dep prior to the expirstion IdentifiedAll Cortificafes of Insurance shelf be equivalent Insurance company oer0ficaM and completed forms of Oftys Additional Insured Endorsement(or a substantially required by this section shall be flied YM the City and shall Include the City as an witiltional Insured. The policy or policies ! also Include the follovAng provision: canceled,n8olely as respects work done by or on behaff of Um named Insured for the City of Apache Junction,it is agreed that the City of Apache Junction and its cWjoars and employeas are added as additional Insureds under this policy." Insurance required herein shell not more,be prior or materially changed without thirty(30) calendar dayW wriften notice to City. City representative, Issued after execution of this construction agreement suftrWm a change In the Work or an adjudment In the construction agreement sum or the construction agreement fte. A Change Order signed by Contractor Indicates his agreement themwilth. City 13. fAj6NgEDBDM A Change Order Is a written order to Contractor,approved by a without Invalidating this construction agreement,order changes in the Work within the general constructionscope of this construction agreement consieft of addidone,deletions or other revislons,the such changes In the Work I be authortzed by Change Order and shag be perlbrined under authoritythe applicable conditions of this condruction agreement City represertative shall,have r minor changes In the Woik not Involving an adjustment In the constniction agreement suin r wdenslon of construction agreement time and not inconsistent with the Intent of this construction agrwmonL AN such changes shall be efteted by written order wW"I be binding upon City and Contractor. herato and to the partners, In respect to all covenants, a a Neither perly to the contract groom ! consent of the o0w, nor shall the Co ctor assign any monies due or to become due to or to become due to it without the previous wdtlen consent of CRY. ® jbeff�TE ��. Written notice shall delivered be deemed to have been duly served If registeredcorporation for whom It was Intended or If delivered at or sent ®, requested, rdm rocalpt and notice.who gives the Should either PVVIV to the Conlrect sailor Injury or damage to pareA PI�because of any ad or andulon of On other Party or of1heir emplayeas or agents for whose sob Vay we legally laW claims dkd be me&in waft b such other Pardee within a reasonable time after the fkat observance of such'injury or damrSes. at all times. 4 p The dulles and cblgolwe Imposed by to corrinict documents and the rights and renudies evelibble hereunder shell be In addition to sort not a kplation of any ®obligations, rights and remedies otherwise Imposed or available by low. No action or failure to ad by City or Contractor shall canalltuts a walver of any right or duty afforded any of them under the contraI nor shall any action or failure to act coneffluto an approval of or an acquiescence to any branches hereunder wicept as may be specifically agresio to In wrionti. . EQaQLM&9= N"w City nor ContracbM as an case may be,shag be delay(an"Enforced Delay")due to causes beyond considered not to how porthnned Its obligations under this Agreement In the event of enforced ts control and without Its fauk or negligence or figure to comply with Applicable Laws, ®but not reshicted to.acts of God,fires, epidemics, B quarantine, restdodons,embugm, labor disputes,and unusually sewive weather or 1ho delays of subcontraders or maW@Imm due to such cousse, acts of a public war ® 7 H sco4orro ® radiation,nuclear # Interruption,ft labor strike or wiftello..H sabotage, or similar ocounance,or any warclas of the Power of andnent domain of highn Oihgbw Psmwmt Or temporary)by any Public oft directly~ng the PmjecL in no event will Enforced Delay Include any delay reselling from unwaiMft for any ressoor of labor shortages,or the unevallablMy for any reason of Particular consullords,subcontractors. vandom or Investors desired by Contractor In connection with In ProjecIL Contractor agrees that Contractor alone will bear all Mid;of delay which are not Enforced Delay. In the event of the accurrencer of any such Enforced the time or timse for perfermance of the obligations any governmental body an beholf of any public eaft or a declarefion of moratodurn or similar however,of the Party dafmkV delay shall In odanded for a period of the Miforced DI provided. that the Party making tin benefit of the proalelons of Oft Section shall, Delay,within Oft (30)calender days after such Pft knows or should know of any such Enforced nadly the Otheir Party of On specific defty In wrrft and clelm the right to an exteselim far I* period of the EnIbmed that Delay wmeed ninety(90)calendar days. and provkled farther to In no want shall a Podod of Enforced failed TERMMTION BY CITY:City shall in parmlitad to terminate this Agreement if in the dbuslon of the Parke and Recreation Director or his or her desitines,balwAn Contractor hen B. TERRMNATION BY CONTRACTOR Contractor may torminate U.S.falls to make payment as agreed upon In this document Any other termination will be downed a breach of contract by Contractor. Contractor shall provide Notice of Termination to City by Corlified i r days before such termination takes offba the date the last Party signs to Agreement it may be renewed In one(1)year torms AL;TbIs Agreement Is valid for one(1)yew ellective upon up to but not exceeding five(5)additional years, provided that the Parties wiscule,a written renewal agresing on now terms arid adcnowledglng continuing ternia. QAM&G-W: Upon falure to am"work within the firne and quality s for the lose of use of the benefit of this Iof work sp ,7 r which W be amount agreemerit Fallure to complete tud mowing per Special Provisions&Specifications section 2.1 health and safety element germane to this occurrence FailureFailure to complete vortkiAlng per Special Provisions&Specifications section 2.6 $150 per day i labor,$500 per eke Failure to complete pruning per Special Provisions&SpediMicationG section 8.1 $500 per occurrence This provision does not limit the liability of CoMmlor for actual damages sustained by City as a result of arry breach of contract or warranty by Contractor. 23. MODS- Records of ContradWs payroll and other costs pertaining to this for Inspecticribn reclumiL Contractor Agreement shall be keg on a generally recognized accounting basis and made available to City maintain reconk lbr a period of at least two(2)years after torminall1on of this Agreement and shall m*e such records available during that retention period for emmination or audit by City personnel during regular business hours. 24. ® It Is by Ow Parties hereto,and that ars!understandings of the tomis and conditions of this Agreement shall be valid unless made In writing and signed agreements not Incorporated herein shall Contractornot be binding an the parties. 7be representatives of the Parties(signalory for noted validbelow or his or her designee, and the City Manager,or his or her designee)shell be authorized to moute future amendments or extenslons of thle Agreement 26. This Agreement and any attachments represent the endre agreement between City and Contractor and supersede all prior negotiations,representatiom or agreements,Am express or Impkid,written or oral. it is rnutuW understeecl and agreed that no allocation or variation of the tam and conditions of this Agreement shell be hereto.made in writing and signed by the parties therein; Wried ameadments shag automatically become part of the supporting clowmente.and diall wpoisecle any Inconsisteni: provision provided,however, resolved, possible.by candrulng to Provisions as MAMMY WnWMMNYMY and suolorrmnlary. 25. MMB60=. atir and Contractor each bebm that to=901Aon,delivery and perlewmanceal'thIsAgreement main complancewith all applicable kraw Hovmwinthe unlikely event that any provision of this Agreement Is declared void or unenforceable(or Is conslimed as requiring City to do any ad In idolsdon of any spialicable liam Including any cond%Mond provision,Im reguldion,or City Code),such provides shall be dearneri sovemd from this Agreement and this Agreement shall otheivAn remain In full force and effect provided that this Agreement shell retroactively be deemed reformed to the extent mesons*posaft in such a manner so that to relarmed agreement(wd any related agreements offeethm as of tho some date)provide essentially the some rights and bwmdb(econornic and othengles)to the Porgies as If such severance and rokwmallon were not required. Unless prohlbNed by q)pkabb lows,the Pwft ftnthor shell pefform all nots arW execuls,adbrovAedge incilor dogagr all afranximents.Instruments and oamainto necessary to accomplish and to give~to to purposes of#6 Agreement,as m1lormed. 27. INELIANJUEJOBF,= Time Is ofthe essence Wth respect to all proMons In thin Agreement. Any delay In porkanance by elhw Party shall conaftse a creurial breach of this AgreemenlL 25, The provisions of A.RZ.I 3MI I relating to conodegon of contracts due to oodkft of Interest dog apply to this cor**cL 29. A86W. The Parties aftowledIle A.R.S.1135-303 through 35M3.03.as amended, forbids public entities from contracting wNh Contmesom who engage In baywits of the Steic of Ismal. Should Contractor under this Agreement engage in any such boycott against the Stale of 1waK this Agreement Is sulornallcally lorminaled. Any such boycott b a=Wd branch of conlred and will subject Contractor to morvelary damages,Including but rot limited to, consequential and Iqukkftd damage& 30. 9QMEWAtKZJMjdf 999B&AHUAIAILL&M CoWadw underetands and aclawMedges the a~ky of the American with Disabilities Act,the Immigration Refonn and COrdMl Act Of 1986 and 10 Drug Fale WOWBOD Act Of 1969 to the services pericirmed wrier thIsAgreemerit. As required by A.R.&141-4401,Contractor hereby inarrants Is compliance with am federd Immigration has and reguladons 20 relele to Its employees and A.R.S.§23-214(A). Contractor further vmmuft that aftr hiring an employee,Cordroolor will verify the employment eligibility of the amplayes through to E-Viodly program.If Contractor uses any subconlrealm In pedlormance of services,subcontractors"I warrant their compliance with all federal immigration laws and regulations 90 relato to Its aw"Isyses aref A.R.&f 23-214(A),and subcontractors shall Niger*=M that aft hiring an amplayse,such sUbcontrealor vw1w the employment eligibility of the emplayse through the E-Verffy program. A breach of#ft warminty shall be deerned a malowlel breach of the Agrownenl:that Is subijad to penalties up to and Including termination of this AgreenwL Contractor is subW to a penalty of$100 per day for the first vhMon, SM par day for the second violation,and$1,000 per day for to thkd vlolollon. City at Its option may terminate Into Agresmard ofter the third Violation. Contractor dug net be deemed In uniterial breach dft*Agreement N the Cwftdnr andfor subcordmotom selablish compliance with the amplayrnent werilkwition pnwWons of Seogicre 274A and 2740.of the.fafts!Immigration and Nationality Act and the E-Ve*requiremanio 9 Contractor or subcontractor employee who woft under contained in A.R.S.§23-214(A). City robins the legal right to Inspect the papers of any Services,Contractor or subcontractor Is complying with the warranty. Any Inspection will be conducted after reasonable notice and at reasonable times. 9 state law is amended,Ow Parties may modify this pamgrdph consistent with state low. IN WITNESS WHEREOF the parties hereto hav ,Ag ,,,a caused this reement to be signad by their duly outhorkoed representative as of thl of At" 2018. BrighMew Landscape Inc., an Arkwna corporation ®Its: eel SUBSCRIBED %'#;�IP�ubk ���My Commission by JUNCTION,CITY OF APACHE p AL an Artzone municipal corporation SUE !qqRIBEq AND SWORN TO before me this �' � : 18 a F NOTAW �;„»>W r��,,,,� �����,` a��,Y»a'?�,:..�:�,.�..,'rt��"'"�,v�'na,; ��'��S'S �� ���4 mw��'`�sn•,�:w M �e A 20 B i �p PUblic MY APPROVED AS TO FORM: s r- r,'x RM $"" walkways,City of Apaime Junction City of Apache function ApacheJusiction RESPONSE WORKBOOK Arizona 85319 DAIWA COST PROPOSAL PROJECr NO.PR-18-01 BASERIDS MgMRXM"AgMMgMMconsIsts of all necessary material,labor,toob,transportation and service to complete the maintenance of the landscaping, sport courts, i 1 anticipatedwith the approved contract documents for a 910A9 VjDgD Uh with an October 3,2018. i r Amount to be shown In both words and figures. §MLMg X Consists othermaintenance of the landscaping,walkways,Irrigation system and related work In accordance withthe approved contract documentsfora2lidggLURREftwithen anticipated start deft of approximately . ollars Amount to beshown In . sportaftn and service j wand other minted work In anticipated approximately October 1, . r Thg u so nj W ;Wo—unt to be shown in both words and figures. s MMtM2=1!=pIn& labor, tools,transportation and service to accordance with the approved contract documents for a jB&A_qLjLMMft with an anticipated start date of approximately October 1,2018. °m dollars and Amount to be shown in labor,c sts;of all necessary material,onsli trials,transportation and service to complete maintenancethe - irrigation system and other related workIn contract documents for a BlIDgdALL2,mcinthl with an anticipated start date of approximately October 2,2028. xuf At�be!ch n in both =ords JunctionRUMNSEVORKBOOK Apache .A gi , smicatocompletathe maintenancelrr4ptlan system and other relleted work In accordance documents r a MdRdffllZ mqgft with an anticipated r 1 r ( shownAmount to be -Comists;of_ (memo ry material,Iabor�tools,transparMlon and service to corn plate the maintenance of the landscalft and other related work In accordance with the approved wr&act documents for a ggdqdffl—VjBojjLs vAth an anticipated start deft of approximately October 36 2018. Amount to be shown In both words and figures. USE I r, maintenancecomplete Me i r related work In accordance adth the approved contract documents r a RmftL2LUjMMft with an anticipated start does of approximetailr October 3,2023. IRr5($.j5&jL06l Amount to beshown In both worm;and s® AMILDE - _ '_.Consistsof all necessary me _ I, the maintenance of the landscaping and other rehmad work labor,took,transportation and serum to compline igdaU-2-=--n-Mk sfith an anticipated start date of appro4mately October 1, maintenanceAmount to be shown In both worcls and dipues. cam Is r It the approved contract documents for a gpjjp_d_gLjLMRUft date of approximately1, a= Amount to be shown In both words and ftures. �.� 3LPL4ZA DIL: Condos of all necessary material, labor,took transportation and sonfice to � ete the ninintanance the landscaplM Irrigation system wA other related work In accordance_ anticipated documents for a 22d2d&LjLMqUft with an p �a shownlars Amount to be CRV of Apache Junction City of Apache Junction Solicitation Number:RFP 111-01 Procurement Department ° RESPONSZWORXMOK Arlsone 95119 �L�1iVE5°f#�I�F#1hf���P1Ef�l °Consists of all necessary material,labor,tools,transportation and service landscaping,to complete the maintenance of the Irrigation approved contract documents r a pjdqdA 12 jBIs with an anticipated start date of approximatelyr 2018. Amount to be shown In both words and figures. s r i I I labol tools, transportation and service to maintenancecomplete the Ifflipstion system and other misted work In accordance with the October-approved contract documents for a 2c&dffl 12 mon—ths with an anticipated stun date of approximately Arnount to be shown In both words and figures. 2018. Ena lffiLl i l r ltools, transportation complete the maintenance of the landscaping, Irrigation in accordance with the anticipatedapproved contract documents for a 2ftdqdALJLm__ojWj with an 2019. i I l ®�e In Amount to be shown s r, other transportation and service to complete the maintenance of the landscapes Irrigation system and related tools,work I accordance with the approved contractr a 2qd2d of LIffl2fift with an anticipated Weberapproximately , figures.Amount to be shown In both words and D � #E 1' IL/ Lia Y9lES�F11�1At� ESN°Consists of all necessary material,labor,tools,transportation t k I iand other related work In accordance with contract documents for 9 2erkWjjj2_wjqfiijtlJwIthbn anticipated stert date of approximately October 1, ° ks ptt 'f lv lt�oaas�ar�d r hr�ndred t r ddll rs bred rli r�Inb t�is rs d RAOL93 i Amount to be shown In both words and figures. (T) .may thirtyTOTAL OF BASE BIDS LUMP SUM UMMM One Hundred E1gW i TotalBase Lump Sum Bid In er All Printed Nenn ,e fr Number.City of Apache Junction My of APKM Jundiffli Solicitation RFP 18-01 Procurement Department E. Superstition Bk%L Arizona 85119 % Cr LABOR m HOURLY RATES Work Crew Supervisor $AM- CLEANING i Description: material,t Cost Price to perform one entire cleaning of the Contract area Including all labor, Pointtools,equipment,transportation and services as described in Section 1.0 of the Special Conditions of the Contract documents. Renaissance Arroyo Verde Total $1,934A3 Ironwood Cove $_184.08 Royal Palm Rd. U402- Goldfield Rd. E)dt WIV-6 Tomahawk Rd. E)dt UAM&55- Plan ° $1121-at- North Apache Old West Highway Median 50 Paws&Claws Care Center WIN- Apache Trall/Old West Highway Median$Aln_.8j- Public Works Facility .4 oil TURF v ®1 Description:Unit Cost mowing including W C material,Price to perform one entire labor,tools,equipment, transportation and services as described in Section 1.2.2, 23,and 2.4 of the Special Conditions of the Contract documents. Renaissance Point Total$ +.. MY of Apecite Juncdon i an RWMNSXWOPtKB()1O'K Apache JunArtconsaw ction. RenaissanceOVER-SEEDING AND VERTKUTTING Link Cod Description: Price to parterre one entire verd-culting and over-seeding of the Contract area including all material, labor, tools, equipmeK transportation and senildon as described In Section 2.5, and 2A of ft Special Conditions of the Contract docurnaft. TURF FERTILIZATION Unit Cod Description: Price to perform one entire turf fbrdlbzdon of the Contract area Including all labor,tools, equipffent,transportation and services as described in Section 4.1, Wets[Conditions Renaissance NON-TURF AREA FEIMUZATION Unit Cost Prim to perform one ®ntire non-turf area fertillnetion of the contract anse Including all malarial, labor, Total4.4 and 4.5 of the Special Condiftlons of the Contract documents. Renakeance Point Arroyo Verde Total $jjpz§6- Ironwood Cove $-lEL2L- Royal Palm Rd. Plaza Dt Old Wed Highway Median North Apache Trail g Public �e Fes'-:4 CRY of Apache Junction CRY of Apache Junction Sollictladon Number:REP 3A-M Procurement Department g Superstition Blvd. Description: RBSPONSE WORKBOOK Apache Junction NON-TURF AREA PRE-EMERGENT APPLICATION Unit Cost Price Pointincluding all material, labor,tools,equipment,transportation and seriloes as described In Section 4A and 4.5 of the Spedel Conditions of the Contract documents. Renaissance Ironwood Cove $A&M- Royal Palm Rd. $114.2_0 Old West Highway Median $_797.84 North Apache Trull $_344.90 Goldfield Rd. Exit $A902-0 Tomahawk Rd. Exit $A201-"- Idaho Rd. Exit $A299.0- Arroyo Verde Total $5.085.48 Paws&Clews Care Center $467.1-0 Apache Trall/Old West Highway Median$JZAQIML- TURF WEED CONTROL TREATMENT Unit Cost Descrotion: Price to perform one entire turf weed control treatment of the Contract area including all material, labor, tools,equipment, transportation and services as described In Section 5.3 and 6.4 of the Special Conditions of the Contract documents. Renaissance Point Total a _-_ p^U":: EMERGENCY RESPONSE qffi Unit Cost Description: including ® ,. material,Price to perform an emergency response ibr the Contract area lit labor,tools, Special Conditions of the Contrast documents. (Any aspect of the emergency that would require special materials,equipment or work to be performed outside of that which equipment transportation and services as described In Section 9.1 of the would normally be encountered as described In the Special Conditions will be paid for 15- by the City through and extra work authorization). aka includingArkone Mug TREE REPUWMNT Unit Cost Description: Price to replace a tree within the Contract area I raeleflal, labor,tools, equipment documents.Conditions of the Contract r ft tres alone Is to be separate from the actual Installation cost in case the City decides to provide InstallContractor only r provide the tree and the City Install IL 16 Gallon Installation® Box Tree $JZLQO Total 48* Box Tree 1 SHRUB AND GROUNDCOVER REPLACEMENT Price to replace a shrub or groundcover within the Contract area Including all labor, tools, equipment, transportation and services as described In Section 62 of the Special Conditions of the Contract documents. 5 Gallon Shrub r g � Gallon TREE REMOVAL Prim to remove a tree ftm within the Contract ares Including II material, labor, equipment, the Special Conditions f of the Contract documents. Tree r caliperTree between 127 _ caliperTree between 180 and 240 q $J,&W_.CDTree caliper caliperTree over 3Wy . z.�: City of Apache Junction CKV of Apache Junction Solicitation Number,REP 01 Procurement Department Landscape Maintenswe Services/ . 300 L Superstition Blvd. RESPONSE WORKBOOK ApecheJunedon Adwna 85119 . Unit Cost Description: Price to perform selective pruningthe tree ' including described Section , . ,equipment,transportation and services as .0 of the Special Conditions of the PALM TREE TRIMMING ABOVE Pruning Cost Per Tres $9000 IncludingUnit Cost Description: Price to perform trimming of a palm tree whore crown is I Z or more above the adjacent ground ices as ,material, labor,tools, documents. described In Section 0 at the al Conditions of the Contract Trimming Cost Per Tree $ w § / . p AGREEMENT BETWEEN CITY OF APACHE JUNCTION AND BRIGHTVIEW LANDSCAPE SERVICES, FOURTH AMENDMENT TO LANDSCAPE MAINTENANCE SERVICES THIS AMENDMENT is made and entered into this day of 2022, ("the Execution Date") and between the JUNCTION, ARIZONA, an Arizona municipal corporation ("City"), i "), BRIGHTVIEW SERVICES,LANDSCAPE INCL, an Arizonacorporation ("Contractor"), sometimes collectively referred t "Parties" r individually as t "Party". RECITALS , the Partiesffinto the initial Landscape Maintenance Services r " ,' r various Parties _ annually renewed Agreement. Arizona's Proposition (minimum increase) necessitated a price increase in 2019 and the First ("'First "). There0. ri increases i risingD. Due to operational r costs, the Parties now agree that a five _ 1 price increase i . reasonable increase r the next one year term, for services rendered. AGREEMENT NOW, THEREFORE, i i r i promises tiherein otherand good and valuablei r i , the receipt i is herebyl ries agree to amend the Agreement 2019 First l SectionA. . Prices shall be governedr Exhibit A for the performancer r the contract SectionB. r iContract run from November 15th, each year this agreement is in effect and shall renew automatically as set in § 21 of thisAgreement. C. Section Automatically r term renewals are authorized, provided that such renewals rt executed in writing by the Partiesi lconditions. 1 D. Except as expressly , all other terms and provisions Agreementii remain in full force and effect until the Agreement terminated. IN WITNESS WHEREOF, the Parties have caused this Amendment to be signedit duly authorized representatives as of the day and year first above ri SERVICES,BRIGHTVIEW LANDSCAPE INC., an ARIZONA r Nick rz Branch r CITY: CITY OF APACHE JUNCTION, ARIZONA, an Arizona municipal r r i .rn ,,. . r Jennifer City Clerk APPROVED AS TO FORM: cf�o—(or- iAttorney EXHIBIT A COST PROPOSAL ANNUAL BASE BID All base pricing shall include adherence to items I-1S of the special provisions and specifications section of the request for proposal, .......... Renaissance Point $ 19,57129 Arroyo Verde $ 26,811�11;7 Phelps Drive Phase I&II $ 8,18192 RoyalPalrn Rd. $ 4,838.77 Ironwood Dr. Exit $ 15,893.31 Goldfield Rd. Exit $ 17,813.64 Tomahawk Rd. Exit $ 16,474.70 Idaho Rd. Exit $ 18,584.98 Plaza Dr. $ 1,528.12 ---------------------------------North Apache Trail $ 1,825.54 Public Works Facility FFFTT 2,177.44 Animal Control Facility 2,41ii.38 �Pache Trai"Old Wes Highway Median $0 Rt 88 Roundabou t LANDSCAPE MAINTENANCE UNIT COSTS These costs are submitted with the original bid for the purposes of either adding or deleting work from the Contract base bid and include all of the Contractor's profit,overhead and any applicable taxes. Rates apply to landscape related work within the designated contract areas or other areas within the city that the city may request on a onetime basis including all material, labor,tools,equipment, transportation and services described in Section 1 through Section 8 of the Special Conditions of the Contract documents -—-----------......................... 0—�r � Laborer 31.50 Cleaning(Renaissance Point) 1,482.67 Cleaning(Arroyo Verde) 2,031.15 Cleaning(Phelps Drive Phase 1&11) 619 Cleaning(Royal Palm Rd.) 366.S8 Cleaning(Ironwood Dr.Exit) $ 120619 Cleaning(Goldfield Rd. Exit) -—----------- --- $ 1,349.52 Cleaning(Tomahawk Rd. Exit) $ 1,248.08 Cleaning(Idaho Rd. Exit) $ 1,407.96 --------—------—----- Cleaning(Plaza Dr.) $ 114.98 Cleaning(North Apache Trail) $ 138.30 �n�qg(Public Works Facility) $ 164.96 Cleaning(Animal Control Facility) 163,29 Cleaning(Apache Trail/Old West .Highway Me ian),e � � �u �5,293.6S Over-Seeding Verti-cuttingRenaissance Point 718.20 Turf Fertilization(Renaissance Point) 28.88 Turf Mowing(Renaissance dint) 158.76 °Turf Weed Control (RenaissancePoint) 498.75 Non-Turf Area Pre-Emergent(Renaissance Point) 3,551.66 Non-Turf Area Pre-Emergent(Arroyo Verde) Non-Turf Area Pre-Emergent(Phelps Drive Phase, II11) 1,623.12 Non-Turf Area Pre-Emergent(Royal Palm Rd.) 959.91 Non-Turf Area Pre-Emergent(Plaza r.) 3 1. 07 Non-Turf rPre-Emergent re-E er ent'((North ache Trail) 362.15 Non-Turf Area Pre-Emergent(Goldfield . Exit) 5,340.51 Non-Turf Area Pre-Emergent(Tomahawk Rd. Exit) 4,939.16 Non-Turf Area Pre-Emergent(Idaho Rd.,Exit) 5,571.83 Non-Turf Area Pre-Emergent(Public Wo rks Facility431.96 Non-Turf rea Pre-Emergent(Animal Control Center) 479.96 Non-Turf Area Pre-Emergent(Apache Trail/Old WestHighway Median) 13,861.92 1 Gallon Tree Installation _.._ �..s�.... .. _ .�. 170.10 °` Box Tree and Installation 3 " BoxTree and Installation 483.00 " Box Tree and Installation 630.00 gallon shrub/ground shrub/ground cover installation 2 . gallon shrub/groundcover installation . Removal50 -Tree(caliper between "an ") -_.--_. . .-_.w Removal-Tree(caliper between "an 12") . Removal-Tree (caliper between 12" an 1 " . Removal-Tree(caliper between 1 "and 24") 1,417.5 Removal-Tree (caliper between 2 °' n 3 04) 2, 2 . Removal-Tree(caliper over ") 7 , Tree runs ye .5 Palm Tree Pruning above 12' . E RESPONSE Price to perform an emergency response for the Contract area including all material, labor,tools, equipment,transportation and services as described in Section 9.1 of the Special Conditions of the Contract documents. (Any aspect of the emergency that would require special materials,equipment or work to be performed outside of that which would normally be encountered as described in the Special Conditions will be paid for by the City through an extra work authorization), er enc o se $ 20435 .. .._ .. City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No. 5. File ID: 22-719 Sponsor: Chip Wilson Agenda Date: 11/15/2022 Index: In Control: City Council Meeting Brief summary of intergovernmental updates from mayor and councilmembers. City of Apache Junction,Arizona Page 1 Printed on 111812022 City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No.6. File ID: 22-720 Sponsor: Bryant Powell Agenda Date: 11/15/2022 Index: In Control: City Council Meeting City Manager's Report. City of Apache Junction,Arizona Page 1 Printed on 111812022 City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No.7. File ID: 22-731 Sponsor: Bryant Powell Agenda Date: 11/15/2022 Index: In Control: City Council Meeting Project update and discussion with Resolution Copper Project Director, Vicky Peacey. City of Apache Junction,Arizona Page 1 Printed on 111812022 City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No.8. File ID: 22-721 Sponsor:Al Bravo Agenda Date: 11/15/2022 Index: In Control: City Council Meeting Announcement of current events. City of Apache Junction,Arizona Page 1 Printed on 111812022 City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No.9. File ID: 22-710 Sponsor: Kelsey Schattnik Agenda Date: 11/15/2022 Index: In Control: City Council Meeting Presentation, discussion, public hearing, and consideration of proposed Ordinance No. 1528 (case P-21-99-PZ), a proposed Planned Development Major Amendment of the High Density Multiple-Family Residential by Planned Development(RM-2/PD)zoned property at 94 W. Roundup Street(parcels 100-31-017C, 100-31-017D and 100-31-017B), located at the northwest corner of Idaho Road and Roundup Street, for the development of three, two-story 4-plexes. This item was presented and discussed at the city council meeting held November 1, 2022. City of Apache Junction,Arizona Page 1 Printed on 111812022 City ofApache Junction Development Services Department Date : November 2, 2022 To: Honorable Mayor and City Council Members Through: Bryant Powell, City Manager Rudy Esquivias, Development Services Director From: Kelsey Schattnik, Senior Planner Subject: November 15, 2022, City Council Public Hearing Item: P-21-99-PZ : Proposed Planned Development Major Amendment of 94 W. Roundup Street - NWC of Idaho Road and Roundup Street Background This is a proposed Planned Development ("PD") Major Amendment of the property known as 94 W. Roundup Street (APNs : 100-31-017C, 100-31-017D, & 100-31-017B) , located near the northwest corner of Idaho Road and Roundup Street, zoned High Density Multiple- Family Residential by Planned Development ("RM-2/PD") to allow three, two-story 4-plexes (12 total units) . Planning and Zoning Commission Recommendation The Planning and Zoning Commission public hearing was held on October 11, 2022 (planning staff report and exhibits attached) . The Planning and Zoning Commission voted 5 : 1 to recommend denial of P-21-99-PZ . The commission did not believe the proposed two- story design was the best use for the property and that it was not consistent with the surrounding neighborhood (Apache Junction ("AJ") Townhomes) . The commissioners had concerns regarding privacy for the existing residents of AJ Townhome residents on the north side of the proposed development, as rear facing balconies are being proposed on the second floor. Although the applicant is proposing to plant a minimum of 36" box trees along the northern property line as screening, the commission was hesitant that the trees would be maintained in a way that ensured privacy. The Planning Commission also had concerns regarding the long-term management of the property. It was unclear to the commission how the property would be maintained overtime, especially if, in the future, the parcels were each owned and managed by separate individuals as opposed to one, singular management company. Overall, the commissioners believed that a more compatible design could be achieved on the property. Staff Recommendation Throughout the review process, Staff has expressed concerns regarding the maintenance, parking, and two-story nature of this project. In addition to the perpetual maintenance agreement being developed by the applicant, Staff has worked with the applicant to draft a detailed set of conditions to help address Staff' s concerns . Staff is supportive of the proposed project subject the conditions found in the P&Z staff report. City Council New Business Item - November 1, 2022 On November 1, 2022, the City Council reviewed case P-21-99-PZ as a New Business Item. This item was for presentation and discussion only. The Council had questions regarding the exact location of the rear windows, including height from the ground, on the second floor, the existing wall height of the neighboring community (Apache Junction Townhomes) , and traffic flow through the property. Attachments: - PZ Staff Report from October 11, 2022 (with all attachments) - Ordinance No. 1528 - Resolution No. 22-38 - Conditions of Approval ORDINANCE NO. 1528 AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, CONDITIONALLY APPROVING A PLANNED DEVELOPMENT MAJOR AMENDMENT, CASE P-21-99-PZ, A REQUEST BY TRAVIS HEPPE, REPRESENTED BY WILSON EJIM OF EJIM DESIGN GROUP, TO CONSTRUCT THREE, TWO-STORY, 4-PLEXES ON A HIGH DENSITY MULTIPLE-FAMILY RESIDENTIAL BY PLANNED DEVELOPMENT (NNRM-2/PD") PROPERTY; ADOPTING BY REFERENCE THAT CERTAIN DOCUMENT ENTITLED "ZONING CONDITIONS OF CASE NO. P-21-99-PZ AUTHORIZED UNDER ORDINANCE NO. 1528 FOR THE PLANNED DEVELOPMENT MAJOR AMENDMENT OF THE PROPERTY LEGALLY DESCRIBED AS AND LOCATED AT 94 W. ROUNDUP STREET, APACHE JUNCTION, ARIZONA. "; REPEALING ANY CONFLICTING PROVISIONS; AND PROVIDING FOR SEVERABILITY. WHEREAS, the City of Apache Junction (the "City") was incorporated in November of 1978 and the zoning that was applied to the parcels 94 W. Roundup Street at that time was ("GR") ; and WHEREAS, on May 6, 2014, pursuant to Ordinance No. 1402, the City adopted a new zoning ordinance and zoning district maps, and the subject properties were inadvertently given a new zoning designation of High Density Multiple-Family Residential by Planned Development ("RM-2/PD") ; and WHEREAS, the incorrect zoning was brought to the attention of staff when the current property owners inquired about developing the property with three, two-story, 4-plexes; and WHEREAS, the current property owner, Travis Heppe, recently applied for a planned development ("PD") major amendment to allow the development of three, two-story 4-plexes; and WHEREAS, the planning and zoning commission had concerns regarding the two-story design and long-term maintenance of the property; and WHEREAS, on October 11, 2022, the Apache Junction planning and zoning commission voted 5-1 to recommend denial of rezoning case P-21-99-PZ; and WHEREAS, pursuant to A.R. S . § 9-462 . 01 (J) , the city council, before adopting any zoning ordinance or text amendment of general applicability, shall consider the probable impact the ORDINANCE NO. 1528 PAGE 1 OF 4 proposed zoning ordinance or text amendment would have on the cost to construct housing for sale or rent; and WHEREAS, the city council has determined the adoption of this ordinance or text amendment will have no negative impact on the cost to construct housing for sale or rent as delineated under A.R. S . § 9-462 . 01 (1) ; and WHEREAS, the city council hereby determines that the proposed planned development amendment request conforms to all of the general criteria as specified in Apache Junction City Code, Volume II, Land Development Code, Chapter 1 : Zoning Ordinance, Article 1-4 : Zoning Districts, Section 1-4-3, Planned Development ("PD") Overlay District, and Article 1-5 : Zoning Bulk and Use Regulations (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 natural environments in the city; and WHEREAS, A.R. S . § 9-802 permits municipalities to enact the provisions of a code or public record theretofore in existence without setting forth such provisions in full text as long as the adopting ordinance is published in full text and at least one paper copy of the code changes or public record are filed in the office of the clerk of the municipality and an electronic copy is accessible on the city' s website and made available for public inspection. NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF APACHE JUNCTION, ARIZONA, AS FOLLOWS : SECTION I IN GENERAL 1 . That the planned development major amendment, as recommended by the city council, in case P-21-99-PZ, is approved with conditions incorporated by reference in section 2 below. 2 That certain document entitled "Zoning conditions of Case No. P-21-99-PZ authorized under Ordinance No. 1528 for the planned development major amendment of the property legally described as and located at 94 . W. Roundup Street, Apache Junction, Arizona", one paper copy and one electronic copy ORDINANCE NO. 1528 PAGE 2 OF 4 which are accessible on the city' s website and filed in the office of the city clerk, which document was made a public record by Resolution No. 22-38 of the City of Apache Junction, is hereby referred to, adopted and made a part hereof as if fully set out in this ordinance, pursuant to A.R. S . § 9-802 . SECTION II REPEALING ANY CONFLICTING PROVISIONS All ordinances and parts of ordinances in conflict with the provisions of this ordinance or any part of the codes adopted herein by reference are hereby repealed. SECTION III PROVIDING FOR SEVERABILITY If any section, subsection, sentence, phrase, clause or portion of this ordinance or any part of the codes or regulations adopted herein by reference is for any reason held to be invalid or unconstitutional 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 DAY OF f 2022 . SIGNED AND ATTESTED TO THIS DAY OF f 2022 . WALTER "CHIP" WILSON Mayor ATTEST: JENNIFER PENA City Clerk ORDINANCE NO. 1528 PAGE 3 OF 4 APPROVED AS TO FORM: RICHARD JOEL STERN City Attorney ORDINANCE NO. 1528 PAGE 4 OF 4 RESOLUTION NO. 22-38 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, DECLARING AS A PUBLIC RECORD THAT CERTAIN DOCUMENT FILED WITH THE CITY CLERK AND ENTITLED "ZONING CONDITIONS OF CASE NO. P-21-99-PZ AUTHORIZED UNDER ORDINANCE NO. 1528 FOR THE PLANNED DEVELOPMENT MAJOR AMENDMENT OF THE PROPERTY LEGALLY DESCRIBED AS AND LOCATED AT 94 W. ROUNDUP STREET, APACHE JUNCTION, ARIZONA. "; REPEALING ANY CONFLICTING PROVISIONS; AND PROVIDING FOR SEVERABILITY. WHEREAS, Arizona Revised Statutes Annotated (hereinafter "A.R. S . ") § 9-802 permits municipalities to enact the provisions of a code or public record in existence without setting forth such provisions in full text as long as the adopting ordinance is published in full text, and one paper copy is filed with the city clerk and an electronic copy is accessible on the city' s website, with both made available for public use and inspection; and WHEREAS, pursuant to A.R. S . §§ 9-801 (1) and 9-802, such codes include zoning conditions approved in zoning case amendments; and WHEREAS, city staff has identified such provisions herein, and it is the intent of the city to declare such documents and compilations as public records, on file in the office of the city clerk; and WHEREAS, the documents include the conditions of approval for the planned development major amendment request of Travis Heppe, represented by Wilson Ejim of Ejim Design Group, of the property known to the city as 94 . W. Roundup Street, Apache Junction, Arizona (APNs : 100-31-017C, 100-31-017D and 100-31- 017B) , more fully legally described with the conditions, and which case was presented to the planning and zoning commission on October 11, 2022 and forwarded with a vote of 5 : 1 for denial to city council at its November 15, 2022 public hearing. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA AS FOLLOWS : RESOLUTION NO. 22-38 PAGE 1 OF 3 SECTION I IN GENERAL 1 . That certain document entitled the "Zoning conditions of Case No . P-21-99-PZ authorized under Ordinance No . 1528 for the planned development major amendment of the property legally described as and located at 94 W. Roundup Street, Apache Junction, Arizona", of which at least one paper copy is on file with the city clerk and one electronic copy of which is accessible on the city' s website (www.apachejunctionaz .gov) , is hereby declared to be a public record, and shall be made available for public use and inspection. SECTION II REPEALING ANY CONFLICTING PROVISIONS All resolutions and parts of resolutions in conflict with the provisions of this resolution or any part of the codes adopted herein, are hereby repealed. SECTION III PROVIDING FOR SEVERABILITY If any section, subsection, sentence, phrase, clause or portion of this resolution or any part of the codes or regulations adopted herein is for any reason held to be invalid or unconstitutional 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 DAY OF , 2022 . SIGNED AND ATTESTED TO THIS DAY OF 2022 . WALTER "CHIP" WILSON Mayor ATTEST: JENNIFER PENA City Clerk RESOLUTION NO. 22-38 PAGE 2 OF 3 APPROVED AS TO FORM: RICHARD JOEL STERN City Attorney RESOLUTION NO. 22-38 PAGE 3 OF 3 City ofApache Junction Development Services Department PLANNING AND ZONING COMMISSION PUBLIC HEARING STAFF REPORT DATE: October 11, 2022 CASE NUMBERS: P-21-99-PZ "94 W. Roundup" OWNERS: Travis Heppe APPLICANT: Wilson Ejim, Ejim Design Group REQUEST: Proposed Major Planned Development ("PD") Amendment of three parcels (100-31-017C, 100-31-017D and 100-31-017B) , zoned RM- 2/PD ("High Density Multiple-Family Residential by Planned Development") . LOCATION: The property is generally located near the northwest corner of Roundup Street and Idaho Road. GENERAL PLAN/ ZONING DESIGNATION: High Density Residential; currently zoned RM-2/PD. SURROUNDING USES: North: RM-2/PD South: RM-2/PD East: General Rural Low Density Single- Family Detached Residential (RS-GR) and Public and Institutional (PI) West: RM-2/PD BACKGROUND Prior to the adoption of the 2014 zoning maps, this property was zoned General Rural ("GR") and developed with a single manufactured home on parcel no. 100-31-017D. "94 W. Roundup" Case P-21-99-PZ October 11, 2022 Planning and Zoning Commission Staff Report 1 When the 2014 zoning maps were adopted, this property was inadvertently given a RM-2/PD zoning. The PD zoning (Ordinance No. 1379) was to develop the Apache Junction Townhomes, which was a single-story, duplex townhouse concept. Due to the approved conceptual plan under Ordinance No. 1379, a major planned development amendment is required to develop two- story units on this site . PROPOSALS P-21-99-PZ is a proposed Planned Development ("PD") Major Amendment on parcels 100-31-017C, 100-31-017D, & 100-31-017B, located near the northwest corner of Idaho Road and Roundup Street to allow three (3) , two-story apartment buildings with four (4) units each (12 total units) . PLANNING STAFF ANALYSIS Relationship to General Plan: The subject site is designated by the City' s General Plan as "High Density Residential" . This project is in compliance with the existing general plan land use designation. Zoning/Site Context: The approximate 1-acre property is surrounded by residential properties on all sides . Planned Development Zoning: There are no Zoning Ordinance deviations being requested as a part of the rezoning. Infrastructure Improvements: 1 Sewer: This project will be connected to sewer. 2. Roadway Improvements : Idaho Road: Dedication of additional right-of-way (ROW) is being requested along Idaho Road to acquire a full 50 of ROW. Full street improvements along Idaho Rd. (curb, gutter, sidewalk) are required. No streetlights are being "94 W. Roundup" Case P-21-99-PZ October 11, 2022 Planning and Zoning Commission Staff Report 2 requested due to existing streetlights on the west side of Idaho Rd. Roundup Street : Dedication of an additional 17' of ROW is being requested along Roundup Street . Full street improvements are being required (curb, gutter, sidewalk) , as well as streetlights . Public input: Neighborhood meeting notification letters were sent from the applicant to all property owners within a 300-foot radius . On October 28, 2021 a neighborhood meeting took place via zoom and one (1) person attended the meeting. The attendee was a representative for the Apache Junction Townhomes . They had no major concerns regarding the project. The final participation report is attached. Staff has received no additional questions or comments regarding this rezoning request . FINDINGS OF FACT As required by the Apache Junction Zoning Ordinance, a Planned Development request may be approved by the City Council after consideration has been given to three different criteria. The criteria is outlined in the text below: 1 . That a better design cannot be achieved by applying the strict provisions of the underlying zoning district. Applicant Response: The site is only 98 feet wide. After applying the strict provision of the underlying districts of 20 feet setbacks for the front, 20 feet for the rear, and 33 feet federal easement the leftover of 33 feet makes it very difficult to achieve a better design on the lot without going up 2 stories. Hence, we are asking for an amendment to allow a 2- story design. Though the current zoning allows for 40 feet building height, we have limited the building height to about approximately 25 feet to complement the surrounding properties. We also proposed to plant a line of trees along the northern boundary for screening and for the privacy of the inhabitants on the northern border of the proposed development. "94 W. Roundup" Case P-21-99-PZ October 11, 2022 Planning and Zoning Commission Staff Report 3 2 That strict adherence to the provisions of the zoning ordinance is not required in order to ensure the health, safety and welfare of the inhabitants of the proposed development. Applicant Response: The strict adherence to the zoning provision is not necessary to ensure the health, safety, and welfare of the inhabitant. By relinquishing 16 feet of the existing Federal easement from 33 feet to 17 feet, we can provide a 20 feet rear setback to ensure the privacy of residence to the northern of the proposed development, without compromising the 50 feet standard for city road. We proposed to plant a line of trees along the northern boundary for the privacy of the inhabitants on the northern border of the development. 3 . That strict adherence to the ordinance is not required to ensure that property values of adjacent properties will not be reduced. Applicant Response: The strict adherence to the ordinance offers investors limited options, thus has discouraged development. However, by allowing the relinquishment of 16 feet of the exiting federal easement, the proposed plan can meet the 50 feet city street standards as well as provide inhabitants with better design and amenities that enhance surrounding property value, the health, and well-being of the inhabitants. The neighboring AJ homes community is very pleased with the proposed development and desires to see it built. PLANNING DIVISION RECOMMENDATION Throughout the review process, Staff has expressed concerns regarding the maintenance, parking, and two-story nature of this project. In addition to the covenants, conditions, and restrictions ("CC&Rs") and homeowners association ("HOA") being developed by the applicant (attached) , Staff has worked with the applicant to draft a detailed set of conditions to help address Staff' s concerns . Staff is supportive of the proposed project subject to the proposed conditions of approval . Maintenance Due to the design of the project as three, separate, independent parcels, Staff has concerns regarding the perpetual maintenance "94 W. Roundup" Case P-21-99-PZ October 11, 2022 Planning and Zoning Commission Staff Report 4 of the development. Staff recommended that the site be developed as one parcel, but it was the developer' s desire to keep all three parcels separate . Although it is the intent of the developer to own, and maintain, all three 4-plexes, it is possible that, in the future, all three parcels could be owned by three separate individuals . In this case, there would be no way to guarantee that all three parcels are maintained to the same standard, or that the owner of the western parcel would not block off the shared amenity space from the other two properties . Parking While the parking requirement per the Zoning Ordinance is being met, there is limited guest parking offered onsite . The development is comprised of three (3) and four (4) bedroom units, which requires a minimum of 2 spaces per unit . In order to meet this requirement, the applicant is providing a one-car garage for each unit, one designated space, as well as driveway space for an additional car to be parked in front of the garage . This provides approximately 12 total spaces per parcel . It should be noted that public parking is allowed along Roundup Street and can be utilized by the residents . It is the intent of the developer to utilize this space for overflow parking. Two-Story Units This property is surrounded to the west, north and south by the Apache Junction Townhomes . Staff expressed concerns regarding privacy for the neighbors to the north of the proposed development. The surrounding townhomes are all single-story in height, and the proposed development is two-stories in height with a useable balcony on the second floor. Staff has required the applicant to plant 36" box Chinese Pistache trees along the northern property line in order to provide privacy for both parties . RECOMMENDED MOTION FOR PLANNED DEVELOPMENT REZONING I move that the Planning and Zoning Commission recommend to the Apache Junction City Council the (APPROVAL/DENIAL) of case P-21- 99-PZ, a planned development major amendment request by Travis "94 W. Roundup" Case P-21-99-PZ October 11, 2022 Planning and Zoning Commission Staff Report 5 Heppe (owner/developer) , represented by Wilson Ejim of Ejim Design Group (applicant) , for twelve (12) for-rent apartment units, generally located near the northwest corner of Idaho Road and Roundup Street, subject to the following conditions of approval : STANDARD CONDITIONS 1) The development shall reflect substantial compliance and consistency with the city' s zoning ordinance and the planned development presented with the site plan in case P- 21-99-PZ, incorporated by reference herein, and as otherwise specified through these conditions of approval, to include layout, elevations, lot sizes, setbacks deviations, public and private rights-of-ways, pedestrian trails, amenities, perimeter and interior lot separation walls, landscaping and other improvements . 2) Landscaping, planted within a minimum 10-foot-deep strip inside the net property line (but outside of required walls) along the perimeters of the property, as well as screening and irrigation improvements shall be provided in compliance with the city' s landscape and screening requirements contained in Apache Junction City Code, Volume II, Land Development Code, Chapter 1, Zoning Ordinance, Article 1-8, Landscape Regulations . 3) Street improvements include but not necessarily limited to, extension of pavement and the provision of sidewalk, curb, gutter, streetlights, underground utilities, fire hydrants, landscaping shall be required as part of this planned development project, and subject to review and approval by the city engineer. 4) The proposed development will not be age-restricted. 5) All applicable permits shall be applied for and plans shall be designed to current city codes prior to any lot grading or construction on the lots . Inclusively, all applicable development fees, including public art fees, shall be paid at the time of first permit issuance . Development fees shall be paid on a per-unit basis . 6) All common areas, amenity areas, and tracts within and immediately adjacent to the proposed development, including perimeter walls and fences, and interior and exterior "94 W. Roundup" Case P-21-99-PZ October 11, 2022 Planning and Zoning Commission Staff Report 6 common area landscaping, shall be owned and maintained in good condition at all times by the owners or homeowners association of the proposed subdivision. 7) The developer' s engineer shall meet the civil engineering improvement plans and document requirements, as outlined in the previously provided pre-application and review comments and in accordance of the city' s approved engineering standards that are in effect at the time of plan submittal . 8) The lot line adjustment and dedication of required right- of-way shall be completed and recorded prior to the issuance of building permits . 9) Major deviations or proposed changes from the original plans associated with this case will require a major planned development amendment. The Director or their designee shall interpret the proposed modification to be significant/major if, in the Director or designee' s opinion, the modified project density (i .e . , units per acre) is proposed to be increased by more than 100, the quality of project design is diminished, the types of proposed land uses are significantly altered and/or the overall character of the project is contrary to the intent and spirit of the original City Council PD ordinance approval . 10) The subject property shall be substantially developed within two (2) years of the rezoning effective date of Ordinance No. 1528, with a possible one (1) year time extension at the discretion of the Development Services Director, or the plan may be subject to reversion by City Council legislative action pursuant to Apache Junction City Code, Volume II, Land Development Code, Chapter 1, Zoning Ordinance, Article 1-16 Administration, Section 1-16- 6 (H) (1) (b) . For the purpose of this rezoning approval, substantial development shall be evidenced by application for and receipt of valid building permits for architecture, all necessary on-site and off-site engineering, and site grading. PROJECT SPECIFIC CONDITIONS 1) Right-of-Way Dedication and Relinquishments "94 W. Roundup" Case P-21-99-PZ October 11, 2022 Planning and Zoning Commission Staff Report 7 a. Prepare and submit legal exhibits and descriptions to dedicate all required ROW along Roundup Street and Idaho Road, including the areas that were acquired by the owner in a "tax sale" by Pinal County. b. Submit for an extinguishment of the north 17' of Roundup Street through the public works department. 2) Architectural Maintenance and Standards a. The architectural design of the apartment buildings including, but not limited to, paint color, window treatments, stone application, roof material, etc. , shall be properly maintained at all times by the property owner (s) according to the approved plans in Case No. P-21-99-PZ . b At such time the three (3) apartment buildings are individually sold to two or more owners, each building shall be maintained according to the approved elevations in Case No. P-22-99-PZ . c. Any monument sign proposed on the Property shall be collectively maintained by the property owner (s) of all three (3) apartment buildings . 3) Landscaping Requirements and Maintenance a. Trees located along the northern property line of the development shall be a minimum size of 36" box to provide privacy screening between the Property and the Apache Junction Townhomes . b The perpetual maintenance of all landscaping and irrigation improvements shall be the obligation of the property owners and their successors in interest, heirs, and assigns . All landscaped areas shall be properly maintained by the property owner (s) according to the approved landscape plans in Case No. P-21-99- PZ . 4) Refuse Individual refuse containers shall not block any driveways or parking spaces on the property and shall be properly "94 W. Roundup" Case P-21-99-PZ October 11, 2022 Planning and Zoning Commission Staff Report 8 maintained according to the Apache Junction City Code, Volume I, Chapter 9 : Health and Sanitation, Article 9-2 : Refuse, Garbage, Debris, Junk, Trash, and Litter Removal . Additionally, the solid waste collection provider/services shall be procured as required under Apache Junction City Code, Volume I, Chapter 9 : Health and Sanitation, Article 9-5 : Collection of Residential Solid Waste . 5) Drainage and Retention Areas Any maintenance of drainage/retention areas, whether shared or not, shall be perpetually maintained at all times by the property owner (s) of all three apartment buildings . At any time it is reasonably determined by the City that the drainage and retention areas are not being property maintained, the City shall have the right, but not the obligation, to cause such maintenance to be performed after proper notice is provided to the property owners . If the City elects to perform such work, it shall bill the property owner (s) the cost of such work. Failure to pay shall result in a lien being placed on the property. 6) Shared Amenities a. A cross access agreement shall be required to allow the residents of all three parcels to legally access the shared amenity area located on the western parcel . This agreement must be submitted prior to the issuance of building permits . b This access agreement shall remain in effect if and when the individual apartment buildings are sold to three separate individuals . 7) Indemnification a. To the fullest extent permitted by law, the Property Owner (s) , their successors in interest, heirs and assigns, agree to defend, indemnify and hold harmless City, its board members and appointed officers, elected officials, agents, and employees against any and all liability including but not limited to claims, demands, fines, penalty costs, damages, losses, "94 W. Roundup" Case P-21-99-PZ October 11, 2022 Planning and Zoning Commission Staff Report 9 obligations, judgements, liabilities and suits (including attorney fees and costs and expert fees) , which arise from or elicit in any way to any act or omission by the property owners, their successors in interest, heirs and assigns, or their employees, investors, subcontractors, agents or representatives in implementing all of the above conditions of approval . This section shall continue to be in force and shall run with the land regardless of change in property ownership or management. 8) The parties understand these conditions shall be recorded by the City with the Pinal County Recorder' s Office and shall serve as legal notice to successors in interest, heirs and assigns . Ke4e,y SdiaWnik Prepared by Kelsey Schattnik Planner Attachments: Exhibit 01 - P-21-99-PZ Project Narrative Exhibit #2 - P-21-99-PZ Aerial Map Exhibit #3 - Site Plan Exhibit #4 - P-21-99-PZ Elevations Exhibit #5 - P-21-99-PZ Preliminary Landscape Plan Exhibit #6 - P-21-99-PZ Final Participation Report "94 W. Roundup" Case P-21-99-PZ October 11, 2022 Planning and Zoning Commission Staff Report 10 Project Narrative Roundup Sit The subject property is attractive because of its excellent location;directly across the street from the civic center and the public library.We propose to build a two level 4-Plex Apartment on each of the three parcels associated with the property. Each fourplex would have a footprint of approximately 35'x13'1 , and about 6,936 s.f, under roof(roughly 19-24%lot coverage per lot).The buildings are carefully designed to blend in with the surrounding community.The following design choices are incorporated to make the building visually appealing: • Tiled roofs that match the surrounding townhomes • No air conditioners or satellite dishes on the roofs • Earth tone color choices that match the neighboring townhomes • Stucco exteriors • Entrances would face the south and the north boundary will be lined up with tress to screen the apartments from the Apache Junction Townhomes' backyard Most of the design features are borrowed from the neighboring duplexes. There would be a boundary lot adjustment to accommodate a community playground on the rear lot.A site plan of the property is included to show the proposed lot adjustments. Additionally,we are requesting for a vacation of the Roundup Street and a 16'-0" reduction on the Federal easement to allow the front entrances orientation toward the south and the common areas.The reduction will reduce Roundup Street to 50'-0"width,which meets the standard for a City Street.We will request a vacation of all the existing utility easement from utility companies, since there are no existing utility lies or any intention for future use. The project will provide the required 24 parking space that include 1-car garage per apartment, and a potential additional parking in front of the garage to a total of 36 parking spaces,A garage next to everyone's front door is a strong market appeal to families. 2601 E.Thomas Road Suite 135 Phoenix,AZ 85016 1 623 742 8704 designgrouparch.com There are two natural features on 94 W Roundup that we believe are worth preserving: 3 mature saguaro cactus plants. The cactus plant can be transplanted to preserve them if necessary.We believe 2-story design will allow us to preserve the plants. However, with a single-story design,the pressure to spread out would mean that we would need to pave over them for the economics of the project to work; We would like to create a children's play structure at the end of the easement bulb,with proposed pedestrian access from AJ Townhomes via N Papago Dr. This would give small children a place to climb around without having to cross Idaho St,and their parents a place to have conversations with each other. The play structure would be kept open to the public and located just west of the rear 4-plex. Other possibilities might be a pickleball court and/or an area of picnic tables under a shade structure. 2601 E.Thomas Road Suite 135 Phoenix,AZ 85016 623 742 8704 designgreuparch.cnm J. •;�,�tt s�t. as u'.ax,,, rCa J `x 7??`r £ t ,ittl.JJtrr,J„ ,ts�l�s�t ih �f;i;���,Jj fi., �, $; t�`7 „t, � r�,.4y,•.a r r/lt(' Jr J., 'Ir ,,,.th', £.,t�l� �r � k t`. { v t, �•af�r Y.a J. J.{{?#�} £ � I .,:J �I„� 1 zt� t Y{t:{ 3£ '£,'�St. `1 ,i3rf�. £i 77 «,7 :. 4 ) .tl�`•.,£ 1\�, 1 `v}.• itr} r .,;t`}} �i}ZS 2 � � t i ;<=1. 1, ��i f S > .£a}4J 1 } €. �t �',r•,� �,£ § t t J ISt, i'J �a f===}t<rf���.;r` J ,..z ,?<., i„-<r��# I3 J 24�.er r}s t r., t 4 tr ft":� 1, :£,. . �� .£ ,3rh, •t; , i J },n � t st .g �y ':� t s �u,,'r,^� �g „g r:..ipu '` � ni{� ��� '�s;.; Jar a tt., �tt?>;�} �•�z } t}�`� .i S. rate' r;t ��'�t sftt J{ ?.£ � t, t� �t�`•�S f, (t ,,. `�. � '{ s},rf � ���� }, rr'i{f •ii� �f tl ��,ri 4., £.::;ty,,. ,I., .i �� tn.,r ,tf^,t,JJ�.. R 'f}It 3rtM J{ s { l# r t< d v si 73 1126 ; ii' ttt'f�'�+<w.«•5<t ;i2 } t` 'r t'; r � v LEGEND City of Apache Junction Street Names Parcels Right-of-way 4 Public Easement State Land Annexation Municipal Boundary CITY OF APACHE JUNCTION Dedicated Right-of-way N Utility Easement SR24 Right-of-way �� �r 13 Apache Junction PINALCOUNTY Vacated Right-of-way As '� �15� Unknown Final County Addresses Federal Patent Easement September 22, 2022 - ;Case History 0 0.02 0.04 County Boundary Extinguished Federal Patent Easement mi Cmitent maintained by the Apache Junction CISDivisjon DE I N TEEPEE STREET FND. GLO BRASS CAP IN HANDHOLE E1/4 COR SEC 17 T1 N, R8E ROUR REGISTRANT SEAL: ARCHITECT: ' ROY NOGGLE, Al Eke a jf it 10606 OY HARRIS oN NOGGLE o `k. �e ned.. P' 2�lVq, 11`' EXPIRES 09-30-2024 PROJECT: ROUNDUP APARTMENTS 100-42-478 100-42-479 100-42-480 100-42-481 100-42-482 100-42-483 100-42-484 100-42-485 100-42-486 100-42-487 100-42-488 100-42-489 LOT 78 THE VILLAS LOT 79 THE VILLAS LOT 80 THE VILLAS LOT 81 THE VILLAS LOT 82 THE VILLAS LOT 83 THE VILLAS LOT 84 THE VILLAS LOT 85 THE VILLAS LOT 86 THE VILLAS LOT 87 THE VILLAS LOT 88 THE VILLAS TRACT A THE VILLAS 'AT SUPERSTITION AT SUPERSTITION AT SUPERSTITION AT SUPERSTITION AT SUPERSTITION AT SUPERSTITION AT SUPERSTITION AT SUPERSTITION AT SUPERSTITION AT SUPERSTITION AT SUPERSTITION AT SUPERSTITION MOUNTAIN PHASE 2 MOUNTAIN PHASE 2 MOUNTAIN PHASE 2 MOUNTAIN PHASE 2 MOUNTAIN PHASE 2 MOUNTAIN PHASE 2 MOUNTAIN PHASE 2 MOUNTAIN PHASE 2 MOUNTAIN PHASE 2 MOUNTAIN PHASE 2 MOUNTAIN PHASE 2 MOUNTAIN PHASE 2 CAB H, SLIDE 29 PCR CAB H, SLIDE 29 PCR CAB H, SLIDE 29 PCR CAB H, SLIDE 29 PCR CAB H, SLIDE 29 PCR CAB H, SLIDE 29 PCR CAB H, SLIDE 29 PCR CAB H, SLIDE 29 PCR CAB H, SLIDE 29 PCR CAB H, SLIDE 29 PCR CAB H, SLIDE 29 PCR CAB H, SLIDE 29 PCR 94 W. ROUNDUP ST 247 2 B'°•_°• 72 O 50•-0° A P A C H E JUNCTION, •.. .••�••• pk 1M1-_p�R117C_ • • •.. •. ... ... . •.• ..• ARIZONA -0 S89 55' 24" 242' "' -0 PW� '• I Lr, S8 55�24W 209. FIIRE BErNEaf PWACY Uwm FIIRE BEINE N UNIS OP FRCP L2E FFNtE BErNEa,uNIIs ,r-D 33•-0- - - =3• - - -- 2t'= -----� t �- -------- ----------- - -• '-�' ---3'- '-�• --------------- z=�= ------ '_�• - ----- ---W_�-- ------ ''-5-2°-D• CONTRACTOR: ------------ -- ----- - - , CCNatEIE PAr10 a>t&AE7E PA110 COtKRE7E PA1W CONatEIE PA. • a0) PArKI CONCRETE PA710 CONCRETE PAr10 CONCgEIE PArKI . OONCREIE PAr10 6d,ORflE PATO OONORErE PATO CONd1E7G PA710 ---- -- -��'�---------------------- s 4 - PLEXES I "N SIDENALK EST WT PC 2N ASANDOMV 1 14 15 �_ I- N DKr 1210.Po an PCR "",a"'""@ ", DKr 14OZ PO 614 PCR •Cj I �I ' ' I � ' ' MI W ' .CA n ( ..... ...x.�. .1 aN 1 . W s 1 1 r 1 12 11 ,0 r(q B B 7 , 1 1 GARAGEGARAGE GARAGE 1 1 y�...., ... I GARAGE . ,-CAR 1-CAR ,-CM 1-CAR 1 1 D"a.PPC 284 PCR C r34 PCR ON Sm D 15' 46" E 99.15' ZI S B 4 cARAOE GARAGE oARAOE DARABE GARAGE GARAGE GARAGE GARAGE of 3 2 1 tp 0 3• Cr 7 W .. - POVER POLE 100-42-430 I 9._0. n 3 zr-a• I I 3•- • --- 2 rD BE aaD�D LOT 30 THE VILLAS 'tin DwwWAY Y cavEwA mDmwmy X DRIYEMY ORnewev ow nAY r aNYEr1AY I OrMEWAY S m p p O) AT SUPERSTITION b ��......,��a. PARCEL 1 ;.� � M D PARCEL 3 GN ��. • Doo so2roNs�ee Pae MOUNTAIN PHASE 2 ezeN aDPr ,BD-3I-o,x •• ---- - '-__4'----- o m� ,r PPE N N E i ,0"--017B - r 3 CAB H, SLIDE 29 PCR 2r-4•-- DOD PCR 2r-• "/ PONm POLE o m N N NO aAU :r N �...._a.M. �....' ro ME re►a�B M PARCEL 2 � � � � 14 15. I O DKr 21a�an� 'zozi a Pat '' o DKr i402.PO W PCI� B• • SWWSR I No BUU*M- ( e•-o•BnEwux ( ( C-r 0MCREIE SIDEWALK DEnlaaEa } { a•-e•PLANTM 37RE+I". m ' �_____ -- FOR MAAN<E Z M I o FONO PPS 1 a, , Ai. _. p a b'�'PLAN,.Ki B,RP ,RIANaE sotrnt PENCE NWi. ... `O. . PROPER:"E ... ... CftA .riri' 9S."W 7nU.7.ri' ... ... . ... N r_v Calm FERM V R/W WAY i _ • •• Q 1p"ON ,r-0'PUBLIC ROW ARANDOM BY@G& 2"PCR *UM� ... ..Nnnnnrcrc._ MM..uuuuuuuu.... ....... .. .... . . ..... REVISI0N DKr„�PB�4 P� ------�=FOR ------- -------- o� ROUNDUP STREET m 0 9� 100-42-429 IXCr 2aa PC M4 Pat NO. DESCRIPTION DATE LOT 29 THE VILLAS 242•-D• AT SUPERSTITION PROMUSIX M A1ED ar-e PLmnm s� D'-C PLAN=SW FOR nletk Raw ME MOUNTAIN PHASE 2 k,'° ,.-. TRANNS CAB H, SLIDE 29 PCR . .•.� • 100 42 419 ••• S89 55 24 W 265.04 •�— . LOT 19 THE VILLAS �, to AT SUPERSTITION O MOUNTAIN PHASE 2 CAB H, SLIDE 29 PCR r__w SMALK 10 17 -�• �„��•• 100-42-403 — — Q LOT 177 THE THE VILLAS ••• 100-42-407�'`��--- LOT 3 THE VILLAS AT SUPERST111ON LOT 7 THE VILLAS 100 42 489 MOUNTAIN PHASE 2 AT SUPERSTITION AT SUPERSTITION TRACT A THE VILLAS CAB H, SLIDE 29 PCR MOUNTAIN PHASE 2 MOUNTAIN PHASE 2 AT SUPERSTITION ' CAB H, SLIDE 29 PCR CAB H, SLIDE 29 PCR ' MOUNTAIN PHASE 2 100-42-411 CAB H, SLIDE 29 PCR LOT 11 THE VILLAS AT SUPERSTITION MOUNTAIN PHASE 2 CAB H, SLIDE 29 PCR 00 DATE ISSUED: 12-13-2021 REVIEWED BY: WILSON DRAWN BY: DESIGNED BY: WILSON SCALE: 1 =30 —0 DG PROJECT NO.: 2109 DESIGN 12 1—CAR GARAGE 12 PARKING STALLS GROUP 24 TOTAL REQUIRED PARKING SPACES SITE PLAN VISITOR'S PARKING: & PROJECT MANAGEMENT SCALE l 3'-Cr 12 DRIVEWAY BACK TO BACK PARKING O 14561 W. PORT AU PRINCE LN z SURPRISE, AZ. 85379 TEL: (623) 742-8704 wilson@designgrouparch.com www.designgrouparch.com FND. COTTON SPINDLE SHEET TITLE: SE COR SEC 17 T1 N, R8E SITE PLAN SUPERSTITION BLVD SHEET NO. * 0 ©DESIGN GROUP&PM DESIGN Ell R R UP REGISTRANT SEAL: ARCHITECT: ROY NOGGLE, "Ag "d 10606 Y HARRIS NOGGLE U.5 EXPIRES 09-30-2024 PROJECT: QN� SITE AERIAL VIEW ME ROUNDUP APARTMENTS 94 W. ROUNDUP ST �4 "S APACHE JUNCTION 141 ARIZONA CONTRACTOR: nw, 1,v. ...... f 5,1,14i tz pm . . ..... — PLEXES 4 wg,'t I'l aw, y"'I'My""o REVISION NO. DESCRIPTION DATE ft C", 'v NjP A F� 11",OR 5 011") 'uf DATE ISSUED: 2 -21-2022 REVIEWED BY: WILSON DRAWN BY: DESIGNED BY: WILSON SCALE: NTS 2109 DG PROJECT NO.: SOUTH ELEVATION VIEW DESIGN GROUP & PROJECT MANAGEMENT 711, & 40,1 14561 W. PORT AU PRINCE LN SURPRISE, AZ. 85379 —8704 TEL: (623) 742 wilson@designgrouparch.com www.desiangrouparch.com SHEET TITLE: SOUTH & NORTH COLORED ELEVATIONS SHEET NO. * I DESIGN GROUP&PM DESIGN 12 4F__ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . —- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - — ----------------------------------------------------------------------------------------------------------------------------------------BLDG HT---------- ROUP IIIIIII IIII IIII I-rs%.L 17 1717-1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1'kin I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I III illlj-j!�4'1 11 1 1 1 1 1 1 1 1 1 11111111111111 1 1 1 1 1 1 1 1 Illiximl I I I I I I I I I IIIIIIIIIIIII I I I I I 6c= 1 1 1 1 REGISTRANT SEAL: 0 'I ARCHITECT: 0-) 3-1 L11 LO ROY NOGGLE, AIAj C3=1 1171 U cli. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FIN ZND FLR� 0606 m RRI�'; PL. HT. .[ 0 06YA 10606 U HARRIS NOGGLE $ 0 'T1 ned.- EXPIRES 09-30-2024 0 - - - - - - - . . . . . . . . . . 0 —. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . N FL . . . . . . . . . . . . . . . . . . \11'�TONE VENEER \"STONE VENEER \,STONE VENEER ROUNDUP 18,� APARTM EN TS 12" SOUTH ELEVATION SCALE 3/16"= 1'-0" 94 W. ROUNDUP ST APACHE JUNCTION, ARIZONA 11111111111 1 J04-71 1 1 1 1 1 1 11111111 1 1 1 1 1 1 1 11 111111111111111111 Mill IIIIIIIIII I I I I I L.100m I I I I I I III ill ill iiiiiiii I I I I I I I I I I I I I I I I I I T%S4-1 I I I CONTRACTOR: 4 P LEXES ............ REVISION NO. DESCRIPTION DALE NORTH ELEVATI ON SCALE 3/16"= 1'-0" BLDG HT. 12 4F PL. HT DATE ISSUED: 2-21-2022 REVIEWED BY. WILSON DRAWN BY: DESIGNED BY: WILSON 0 SCALE: 1/4"— 1'-0" I DG PROJECT NO.: 2109 0) Un D ESI GN FIN 2ND FLR PL. HT. GROUP & PROJECT MANAGEMENT 0 14561 W. PORT AU PRINCE LN -I SURPRISE, AZ. 85379 0-) J ...... ........ 0 TEL: (623) 742-8704 wilson@designgrouparch.com 0 . . . . ......... . . . . . . . www.designgrouparch.com \\".STONE VENEER SHEET TITLE: ELEVATIONS -EAST ELEVATION WEST ELEVATION SHEET NO. SCALE 3/16"= 1'-0" SCALE 3/16"= 1'-0" A * I DESIGN GROUP&PM 1�11'g p�,Ql'...... "W 7 ' W6074 SpAv,%, --% Id * i-do% g Ci"a ' W ' 735 e-"- ckweed LANDSCAPE ARCHITECT: Brain and Brawn LLC 11022 S 51st Street Suite 204 Phoenix,AZ 85044 480.560.2787 caryn@landscapearchitecturebab.com 7 3 13 3 3 BASE PROVIDED BY EJIM DESIGN GROUP ARCHITECTURE WILSON EJIM 5" WILSON@DESIGNGROUPARCH.COM 4 7 —7 A—, 91 0* 27-e 0. 0 0 zr-)v 27'-Ir V-0 7 27-f to V, 20' 0-) IA7'li 20' 10- 6 ------------- ................ ---------------------------- --------------------------- ........ .......... 7---- .... .... .... r 16 4X-9' ROUNDUP STREET 6 5 242'-0' ................ ........ — ----------—--------- ............... DS IV C A Lu 21850 CC L GAN HEAP 00 C� 0 30] 60, PLANT LEGEND KEYNOTES SCALE IN FEET: 1" 30'-0" BOTANICAL NAME SYM. COMMONNAME SIZE QTY NOTES/DETAIL EXISTING PLANTS TO REMAIN & SALVAGE NUMBER CONVOLVULUS CNEORUM 5 GAL. 58 SIGHT TRIANGLE BUSH MORNING GLORY ROUNDUP CORYMBIA PAPUANA 36" BOX 33 MATCHED IN HEIGHT RETENTION BASIN TOWN HOMES GHOST GUM PLAY AREA COMPONENTS 94 WEST ROUNDUP STREET PLAY EQUIPMENT AND SURFACE (D HESPERALOE PARVI FLORA 'DESERT FLAMENCO' Tm 5 GAL. 60 SECURITY LIGHTING APACHE JUNCTION, AZ FALSE YUCCA HYBRID 8' X 10' PREFAB RAMADA 2 BIKE RACKS LANTANA 'NEW GOLD' 5 GAL. 135 1 DOG WASTE STATION CURB ------------- YELLOW LANTANA Call at least two full working day's) BBQ AND COUNTER SPACE before you begin excavation. 2 BENCHES k 1 : � Mom LEUCOPHYLLUM CANDIDUM 5 GAL. 61 Dial 8.14 or 1400-STAKE-IT(782-5348) VIOLET TEXAS SAGE MONUMENT SIGN In Maricapa Countp(602)263-1100 NASSELIA TENUISSIMA 5 GAL. 36 MAILBOX CLUSTER MEXICAN FEATHER GRASS CHILOPSIS LINEARIS 24" BOX 21 STANDARD EXISTING & MASONRY WALL DESERT WILLOW STREET LIGHT RUELLIA PENINSULARIS 5 GAL. 108 BAJA RUELLIA DERMATOPHYLLUM SECUNDIFLORA 15 GAL. 8 TEXAS MOUNTAIN LAUREL TECOMA STANS 5 GAL. 14 YELLOW BELLS VAUQUELINIA CALIFORNICA 15 GAL. 10 ARIZONA ROSEWOOD LANDSCAPE PLAN DECOMPOSED GRANITE 1/2" (-) 22,954 SQ FT 2" DEPTH MINIMUM, COLOR -DATE REVISIONS SELECTED BY OWNER DRAWN BY SAS CHECKED BY CLH PROJECT NUMBER 21039 DATE 02/23/2022 L-I of I Summary of Public Participation Plan and Report Iffl- Participation plan: The proposed project is a 4-plex 2-Story Town Homes on each of the three separate lots: B, Q &0 with a total of 12 units on the entire property.The project is located on 94 Idaho Street at the comer of Idaho Road and Roundup Street in Apache Junction,Arizona. It is currently zoned for RM-2/PD-multi-family dwelling with a density of 22 unit/acre and 40 feet building height.The proposed 2-story buildings are approximately 25 feet in height, comply with the current designation,and adequately incorporate architectural design elements of the surrounding AJ Town Home community. However,the existing approved plan development amended the surrounding AJ Town Homes to a single story of which these 3 lots were not a part of, based on the approved drawings on the county record. The proposed 2-story buildings are more appropriate for these properties due to multiple easements and constraints on the property,The proposed 2-story building allows for sufficient outdoor space for children playground, parking spaces, retention basins to contain runoff water on site, as well as the preservation of 3 existing saguaro cactus trees.The following steps were taken to get public input on the proposed project to support our application for a plan development amendment for a 2-story building, • A letter of invitation to participate in a public information meeting about the proposed development on the property located at 94 Roundup Street in Apache Junction was sent on October 15"', 202 1, about approximately 13 days before the meeting was held on October 28"at 6:00pm Arizona time • The letter included a ZOOM link, several colorful renderings of the proposed project, and description of the project, potential challenges,and how these issues will be addressed • The invitation letter was sent to homeowners with 300 feet of the property.The total was 114 residents. Of this number, only 5 letters were returned undeliverable as addressed and unable to forvvard. • The addresses used were obtained from the Pinal County accessor map within 30 days of the meeting.The map of residents within the 300 feet radius is also included. • The meeting was held on ZOOM,Thursday October 28', 2021,at 6:00pm 2601 E,Thomas Road Suite 135 Phoenix,AZ 85016 6237428704 desigagroupamb.tom Public Participation Final Report Out of the 114 people who were invited only Jeff Adams of Adam Construction Management Corporation came, representing the AJ Town homes community.Other participants were Wilson Ejim, principal of Design Group,the architectural firm of the project,Travis Heppe,the developer of the project,and Caryn Heaps,the landscape architect of the project.The scope of the proposed project was presented and supported with detailed renderings of the site with landscape design, proposed playground,and building elevations to further the understanding of the project's impact on surrounding communities.Jeff Adam of Adams Construction Management Corporation, representing AJ Town Homes was very excited and gladly welcomed the development.The following issues were concerns that were addressed at the meeting,which Jeff was going to further discuss with his partners. 1. Due to the monsoon seasons in Arizona,the concern was to slope the site elevation toward Idaho Road and away from AJ Town Homes to mitigate potential flooding.Our proposed design will retain all on-site runoff water within each site and Roundup Street will be collected with side gutters and redirected to Idaho road. 2. To achieve the privacy of residents of AJ Town Homes on W. Rosa St, north of the proposed development,Jeff was satisfied with our proposal to have a continuous line of Eucalyptus trees along the northern boundary of the property. Eucalyptus trees grow very fast,and their branches do not easily break.The trees will be densely planted to create a buffer and privacy,sufficient to screen to views from the second floor of the proposed building. 3. The number of units(12 units)were discussed and their sizes(3-BR and 4-BR units), which are in line with the existing products at AJ Town Homes.Again,Jeff Adams was pleased with how the proposed design incorporated some of the elements of the existing AJ Town Home into the proposed project, 4. Another issue that was discuss at the meeting was the vacation of Roundup Street by the City of AJ.The benefit is to allow the proposed 2-storey building to be moved 20 feet away from the northern boundary.This will place the proposed 2-storey building approximately 30 feet from the foundation of AJ Town Homes on the north of the property 2601 E.Thomas Road Suite 135 Phoenix,AZ 85016 2 6237428704 desiquVroupamb.com 5. Moreover,the proposed development offers a substantial,sizeable, and attractive playground as a magnet for parents and children to play and interact with each other. The hope is to mitigate the risk of crossing Idaho Road to use the public park. At the end of the meeting phone numbers and email addresses were exchanged to further the discussion on the project as it proceeds.A summary report of the meeting with revised and updated renderings were ernailed to Jeff Adam,the representative of AJ Town Homes to allow a full under-standing of the project's scope,size, and potential impact on AJ Town Home. At the end,all the parties were excited about the proposed project and desire to see it build on the property.The update renderings are attached below: 2601 E.Thomas Road Suite 135 Phoenix,AZ 85016 3 6237420704 desigogrouparch.com Aerial View of the Site: South Elevation - Front View- Road Suite 135 Phoenix,AZ 85016 4 6237428704 desigagroupamb.com West Elevation with Playground Integration: IVA, lull 2601 E,Thomas Road Sifte 135 Phoenix,AZ 85016 5 6237428704 destUngrouporth.com North Elevation: East Elevation: Road Suite 135 Phoenix,AZ 85016 6 6237428704 desipyrouparch.com Street Approach/Appeal: IN W, ,pg 12 ...............I'll.......... 2601 E.Thomas Road Suite 135 Phoenix,AZ 85016 7 6237420704 desiongrouparcb.com Invitation for public Input 94 W Roundup St Town Homes You are invited to participate on a ZOOM public meeting on the property located at 94 W. Roundup Street in Apache Junction,Arizona.The meeting will be on Thumday October 28'at 6:00pm Arizona time, Please see the ZOOM invitation link for the meeting below.The proposed property is at the comer of Roundup St and Idaho Road,directly across the street from the Civic center and the public library.We are proposing a two level 4-Plex Town Homes on each of the three parcels associated with the property.Each fourplex would have a footprint of approximately 35'xl 25', bringing the total area under roof to 20,250 sf(roughly 23%of the 65k sf or 1.5-acre lot size).The buildings are carefully designed to blend with the surrounding community(see the attached renderings and aerial site plan).The following design choices are incorporated to make the building visually appealing: • Tiled roofs that match the surrounding townhomes • No air conditioners or satellite dishes on the roofs • Earth tone color choices that match the neighboring townhomes • Stucco exteriors • The entrances are facing the south,and the north boundary fence will be lined up with trees to screen the views from the Town Homes to the backyard of A J Townhomes (see attached renderings). The project will provide 24 required parking spaces that includes 1-car garage per town home and a potential parking in front of the garage to a total 36 parking space. The existing 3 matured saguaro cactus plants will be preserved and reused on the site, We believe 2-story design will allow us to preserve the plants as well as create a play structure at the end of the easement bulb for children,with proposed pedestrian access from AJ Townhomes via N Papago Dr. This would give small children a place to play, converse with their parents, and each other without crossing Idaho Road. Please join us for further discuss on this matter,your opinion will be helpful and greatly appreciated for better outcome. WILSON EAM is inviting you to a scheduled Zoom meeting. Topic: Public Participation Meeting Time:Oct 28,2021,06:00 PM Arizona Join Zoom Meeting https:Hus02web.zoom.us/j/83161349161?pwd=YWVYdFIJZIFUbWgvdGYyaXZHdIU2QT09 Meeting ID:8316134 9161 2601 E,Thomas Road Passcode:026520 Suite 135 Phoenix,AZ 85016 6237428704 desillaymuparch.com one tap mobile +16699006833,,83161349161#...*026520#US(San Jose) +12532159782,,83161349161#,,,,*026520#US(Tacoma) Dial by your location +1669 900 6833 US(San Jose) +1253 215 8782 US(Tacoma) +1346 248 7799 US(Houston) +1929 205 6099 US(New York) +1301715 8592 US(Washington DC) +1312 626 6799 US(Chicago) Meeting ID:8316134 9161 Passcode:026520 Find your local number:htt s: lus02web.zorlm 1c/1 AERIAL VIEW OF THE SITE: 2601 E,Thomas Road Suite 135 Phoenix,AZ 85016 2 6231428704 desilogrouparth.com SOUT"tLEVATIOM.VIEW:WOWIN13 T"t MTRANC-t TO T"t TOWN"OW5 Im- NORTH ELEVATION WITH THE LINEUP TREES TO BLOCK VIEWS TO THE BACKYARD OF AJ TOWN HOMES 2601 E,Thomas Road Suite 135 Phoenix,AZ 85016 3 $237428704 desigrigroupamb.com THE PROPOSED PUBLIC CHILDREN'$PLAYGROUND ME- 2601 E,Thomas Road Suite 135 Phoenix,AZ 85016 4 6237428104 desilagrouparch.com ZONING CONDITIONS OF CASE NO . P-21-99-PZ AUTHORIZED UNDER ORDINANCE NO . 1528 FOR THE PLANNED DEVELOPMENT MAJOR AMENDMENT OF THE PROPERTY LEGALLY DESCRIBED AS AND LOCATED AT 94 W . ROUNDUP STREET, APACHE JUNCTION, ARIZONA . 1 A) The mayor and council passed Ordinance No . 1528 on November 15, 2022, which approved the planned development major amendment of the three parcels located at 94 W. Roundup Street, Apache Junction, Arizona, legally described as follows : Parcel No. 1 (APN 100-31-017C) : The West 242 feet of the South 99 feet of the South half of the Southeast quarter of the Northeast quarter of the Southeast quarter of Section 17, Township 1 North, Range 8 East of the Gila and Salt River Base and Meridian, Pinal County, Arizona; EXCEPT all oil, gas and other mineral deposits as set forth in Patent to said land as reserved to the United States of America, recorded in Docket 222, Page 284 . Parcel No. 2 (APN 100-31-017D) : The East 209 feet of the West 451 feet of the South 99 feet of the South half of the Southeast quarter of the Northeast quarter of the Southeast quarter of Section 17, Township 1 North, Range 8 East of the Gila and Salt River Base and Meridian, Pinal County, Arizona; EXCEPT all oil, gas and other mineral deposits as set forth in Patent to said land as reserved to the United States of America, recorded in Docket 222, Page 284 . Parcel No. 3 (APN 100-31-017B) : The South 99 feet of the South half of the Southeast quarter of the Northeast quarter of the Southeast quarter of Section 17, Township 1 North, Range 8 East of the Gila and Salt River Base and Meridian, Pinal County, Arizona; EXCEPT the West 451 feet; and EXCEPT all oil, gas and other mineral deposits as set forth in Patent to said land as reserved to the United States of America, recorded in Docket 222, Page 284 . 2 B) The approval is subject to the following zoning conditions : STANDARD CONDITIONS 1) The development shall reflect substantial compliance and consistency with the city' s zoning ordinance and the planned development presented with the site plan in case P- 21-99-PZ, incorporated by reference herein, and as otherwise specified through these conditions of approval, to include general layout, elevations, lot sizes, setbacks deviations, public and private rights-of-ways, pedestrian trails, amenities, perimeter and interior lot separation walls, model types, landscaping and other improvements . 2) Landscaping, planted within a minimum 10-foot deep strip inside the net property line (but outside of required walls) along the perimeters of the property, as well as screening and irrigation improvements shall be provided in compliance with the city' s landscape and screening requirements contained in Apache Junction City Code, Volume II, Land Development Code, Chapter 1, Zoning Ordinance, Article 1-8, Landscape Regulationsf unless specific deviations are approved as part of the rezoning request. 3) Street improvements include but not necessarily limited to, extension of pavement and the provision of sidewalk, curb, gutterf streetlights, underground utilitiesf fire hydrantsf landscaping shall be required as part of this planned development projectf and subject to review and approval by the city engineer. 4) The proposed development will not be age-restricted. 5) All applicable permits shall be applied for and plans shall be designed to current city codes prior to any lot grading or construction on the lots . Inclusively, all applicable development fees, including public art feesf shall be paid at the time of first permit issuance. Development fees shall be paid on a per unit basis . 6) All common areasf amenity areasf and tracts within and immediately adjacent to the proposed developmentf including perimeter walls and fences, and interior and exterior common area landscapingf shall be owned and maintained in good condition at all times by the owners or homeowners association of the proposed subdivision. 3 7) The developer' s engineer shall meet the civil engineering improvement plans and document requirements, as outlined in the previously provided pre-application and review comments and in accordance of the city' s approved engineering standards that are in effect at the time of plan submittal . 8) Minor PD modifications or alterations of the approved architecture designs, floor plans, open space, unit mix, clubhouse location or development plan, shall be administratively reviewed and approved by the Director or their designee . 9) Major deviations or proposed changes from the original plans associated with this case will require a major PD amendment. The Director or their designee shall interpret the proposed modification to be significant/major if, in the Director or designee' s opinion, the modified project density (i .e . , units per acre) is proposed to be increased by more than 10%, the quality of project design is diminished, the types of proposed land uses are significantly altered and/or the overall character of the project is contrary to the intent and spirit of the original City Council PD ordinance approval . PROJECT SPECIFIC CONDITIONS 1) Right-of-Way Dedication and Relinquishments a. Prepare and submit legal exhibits and descriptions to dedicate all required ROW along Roundup Street and Idaho Road, including the areas that were acquired by the owner in a "tax sale" by Pinal County. b Submit for an extinguishment of the north 17' of Roundup Street through the public works department. 2) Architectural Maintenance and Standards a. The architectural design of the apartment buildings including, but not limited to, paint color, window treatments, stone application, roof material, etc. , shall be properly maintained at all times by the property owner (s) according to the approved plans in Case No. P-21-99-PZ . 4 b At such time the three (3) apartment buildings are individually sold to two or more owners, each building shall be maintained according to the approved elevations in Case No. P-22-99-PZ . c. Any monument sign proposed on the Property shall be collectively maintained by the property owner (s) of all three (3) apartment buildings . 3) Landscaping Requirements and Maintenance a. Trees located along the northern property line of the development shall be a minimum size of 36" box to provide privacy screening between the Property and the Apache Junction Townhomes . b. The perpetual maintenance of all landscaping and irrigation improvements shall be the obligation of the property owners and their successors in interest, heirs, and assigns . All landscaped areas shall be properly maintained by the property owner (s) according to the approved landscape plans in Case No. P-21-99- PZ . 4) Refuse Individual refuse containers shall not block any driveways or parking spaces on the property and shall be properly maintained according to the Apache Junction City Code, Volume I, Chapter 9 : Health and Sanitation, Article 9-2 : Refuse, Garbage, Debris, Junk, Trash, and Litter Removal . Additionally, the solid waste collection provider/services shall be procured as required under Apache Junction City Code, Volume I, Chapter 9 : Health and Sanitation, Article 9-5 : Collection of Residential Solid Waste. 5) Drainage and Retention Areas Any maintenance of drainage/retention areas, whether shared or not, shall be perpetually maintained at all times by the property owner (s) of all three apartment buildings . The maintenance of the drainage/retention areas within the properties are to include, but not limited to, the clearing of weeds, debris, trash and any other deleterious material . At any time it is 5 determined by the City that the drainage and retention areas are not being property maintained, the City shall have the right, but not the obligation, to cause such maintenance to be performed after proper notice is provided to the property owners . If the City elects to perform such work, it shall bill the property owner (s) the cost of such work. Failure to pay shall result in a lien being placed on the property. 6) Shared Amenities a. A cross access agreement shall be required to allow the residents of all three parcels to legally access the shared amenity area located on the western parcel . This agreement must be submitted prior to the issuance of building permits . b. This access agreement shall remain in effect if and when the individual apartment buildings are sold to three separate individuals . 7) Indemnification a. To the fullest extent permitted by law, the Property Owner (s) , their successors in interest, heirs and assigns, agree to defend, indemnify and hold harmless City, its boardmembers and appointed officers, elected officials, agents, and employees against any and all liability including but not limited to claims, demands, fines, penalty costs, damages, losses, obligations, judgements, liabilities and suits (including attorney fees and costs and expert fees) , which arise from or elicit in any way to any act or omission by the property owners, their successors in interest, heirs and assigns, or their employees, investors, subcontractors, agents or representatives in implementing all of the above conditions of approval . This section shall continue to be in force and shall run with the land regardless of change in property ownership or management. 6 8) The parties understand these conditions shall be recorded by the City with the Pinal County Recorders Office and shall serve as legal notice to successors in interest, heirs and assigns . 7 City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No. 10. File ID: 22-732 Sponsor: Kelsey Schaftnik Agenda Date: 11/15/2022 Index: In Control: City Council Meeting Presentation, discussion, public hearing, and consideration of proposed Resolution No. 22-38 (case P-21-99-PZ), a Resolution of the Mayor and City Council of the City of Apache Junction, Arizona, declaring as a public record that certain document filed with the City Clerk and entitled "Zoning Conditions of Case No. P-21-99-PZ authorized under Ordinance No.1528 for the planned development major amendment of the property legally described as and located at 94 W Roundup Street, Apache Junction,Arizona."This item was presented and discussed at the city council meeting held November 1, 2022. City of Apache Junction,Arizona Page 1 Printed on 111812022 City ofApache Junction Development Services Department Date : November 2, 2022 To: Honorable Mayor and City Council Members Through: Bryant Powell, City Manager Rudy Esquivias, Development Services Director From: Kelsey Schattnik, Senior Planner Subject: November 15, 2022, City Council Public Hearing Item: P-21-99-PZ : Proposed Planned Development Major Amendment of 94 W. Roundup Street - NWC of Idaho Road and Roundup Street Background This is a proposed Planned Development ("PD") Major Amendment of the property known as 94 W. Roundup Street (APNs : 100-31-017C, 100-31-017D, & 100-31-017B) , located near the northwest corner of Idaho Road and Roundup Street, zoned High Density Multiple- Family Residential by Planned Development ("RM-2/PD") to allow three, two-story 4-plexes (12 total units) . Planning and Zoning Commission Recommendation The Planning and Zoning Commission public hearing was held on October 11, 2022 (planning staff report and exhibits attached) . The Planning and Zoning Commission voted 5 : 1 to recommend denial of P-21-99-PZ . The commission did not believe the proposed two- story design was the best use for the property and that it was not consistent with the surrounding neighborhood (Apache Junction ("AJ") Townhomes) . The commissioners had concerns regarding privacy for the existing residents of AJ Townhome residents on the north side of the proposed development, as rear facing balconies are being proposed on the second floor. Although the applicant is proposing to plant a minimum of 36" box trees along the northern property line as screening, the commission was hesitant that the trees would be maintained in a way that ensured privacy. The Planning Commission also had concerns regarding the long-term management of the property. It was unclear to the commission how the property would be maintained overtime, especially if, in the future, the parcels were each owned and managed by separate individuals as opposed to one, singular management company. Overall, the commissioners believed that a more compatible design could be achieved on the property. Staff Recommendation Throughout the review process, Staff has expressed concerns regarding the maintenance, parking, and two-story nature of this project. In addition to the perpetual maintenance agreement being developed by the applicant, Staff has worked with the applicant to draft a detailed set of conditions to help address Staff' s concerns . Staff is supportive of the proposed project subject the conditions found in the P&Z staff report. City Council New Business Item - November 1, 2022 On November 1, 2022, the City Council reviewed case P-21-99-PZ as a New Business Item. This item was for presentation and discussion only. The Council had questions regarding the exact location of the rear windows, including height from the ground, on the second floor, the existing wall height of the neighboring community (Apache Junction Townhomes) , and traffic flow through the property. Attachments: - PZ Staff Report from October 11, 2022 (with all attachments) - Ordinance No. 1528 - Resolution No. 22-38 - Conditions of Approval ZONING CONDITIONS OF CASE NO . P-21-99-PZ AUTHORIZED UNDER ORDINANCE NO . 1528 FOR THE PLANNED DEVELOPMENT MAJOR AMENDMENT OF THE PROPERTY LEGALLY DESCRIBED AS AND LOCATED AT 94 W . ROUNDUP STREET, APACHE JUNCTION, ARIZONA . 1 A) The mayor and council passed Ordinance No . 1528 on November 15, 2022, which approved the planned development major amendment of the three parcels located at 94 W. Roundup Street, Apache Junction, Arizona, legally described as follows : Parcel No. 1 (APN 100-31-017C) : The West 242 feet of the South 99 feet of the South half of the Southeast quarter of the Northeast quarter of the Southeast quarter of Section 17, Township 1 North, Range 8 East of the Gila and Salt River Base and Meridian, Pinal County, Arizona; EXCEPT all oil, gas and other mineral deposits as set forth in Patent to said land as reserved to the United States of America, recorded in Docket 222, Page 284 . Parcel No. 2 (APN 100-31-017D) : The East 209 feet of the West 451 feet of the South 99 feet of the South half of the Southeast quarter of the Northeast quarter of the Southeast quarter of Section 17, Township 1 North, Range 8 East of the Gila and Salt River Base and Meridian, Pinal County, Arizona; EXCEPT all oil, gas and other mineral deposits as set forth in Patent to said land as reserved to the United States of America, recorded in Docket 222, Page 284 . Parcel No. 3 (APN 100-31-017B) : The South 99 feet of the South half of the Southeast quarter of the Northeast quarter of the Southeast quarter of Section 17, Township 1 North, Range 8 East of the Gila and Salt River Base and Meridian, Pinal County, Arizona; EXCEPT the West 451 feet; and EXCEPT all oil, gas and other mineral deposits as set forth in Patent to said land as reserved to the United States of America, recorded in Docket 222, Page 284 . 2 B) The approval is subject to the following zoning conditions : STANDARD CONDITIONS 1) The development shall reflect substantial compliance and consistency with the city' s zoning ordinance and the planned development presented with the site plan in case P- 21-99-PZ, incorporated by reference herein, and as otherwise specified through these conditions of approval, to include general layout, elevations, lot sizes, setbacks deviations, public and private rights-of-ways, pedestrian trails, amenities, perimeter and interior lot separation walls, model types, landscaping and other improvements . 2) Landscaping, planted within a minimum 10-foot deep strip inside the net property line (but outside of required walls) along the perimeters of the property, as well as screening and irrigation improvements shall be provided in compliance with the city' s landscape and screening requirements contained in Apache Junction City Code, Volume II, Land Development Code, Chapter 1, Zoning Ordinance, Article 1-8, Landscape Regulationsf unless specific deviations are approved as part of the rezoning request. 3) Street improvements include but not necessarily limited to, extension of pavement and the provision of sidewalk, curb, gutterf streetlights, underground utilitiesf fire hydrantsf landscaping shall be required as part of this planned development projectf and subject to review and approval by the city engineer. 4) The proposed development will not be age-restricted. 5) All applicable permits shall be applied for and plans shall be designed to current city codes prior to any lot grading or construction on the lots . Inclusively, all applicable development fees, including public art feesf shall be paid at the time of first permit issuance. Development fees shall be paid on a per unit basis . 6) All common areasf amenity areasf and tracts within and immediately adjacent to the proposed developmentf including perimeter walls and fences, and interior and exterior common area landscapingf shall be owned and maintained in good condition at all times by the owners or homeowners association of the proposed subdivision. 3 7) The developer' s engineer shall meet the civil engineering improvement plans and document requirements, as outlined in the previously provided pre-application and review comments and in accordance of the city' s approved engineering standards that are in effect at the time of plan submittal . 8) Minor PD modifications or alterations of the approved architecture designs, floor plans, open space, unit mix, clubhouse location or development plan, shall be administratively reviewed and approved by the Director or their designee . 9) Major deviations or proposed changes from the original plans associated with this case will require a major PD amendment. The Director or their designee shall interpret the proposed modification to be significant/major if, in the Director or designee' s opinion, the modified project density (i .e . , units per acre) is proposed to be increased by more than 10%, the quality of project design is diminished, the types of proposed land uses are significantly altered and/or the overall character of the project is contrary to the intent and spirit of the original City Council PD ordinance approval . PROJECT SPECIFIC CONDITIONS 1) Right-of-Way Dedication and Relinquishments a. Prepare and submit legal exhibits and descriptions to dedicate all required ROW along Roundup Street and Idaho Road, including the areas that were acquired by the owner in a "tax sale" by Pinal County. b Submit for an extinguishment of the north 17' of Roundup Street through the public works department. 2) Architectural Maintenance and Standards a. The architectural design of the apartment buildings including, but not limited to, paint color, window treatments, stone application, roof material, etc. , shall be properly maintained at all times by the property owner (s) according to the approved plans in Case No. P-21-99-PZ . 4 b At such time the three (3) apartment buildings are individually sold to two or more owners, each building shall be maintained according to the approved elevations in Case No. P-22-99-PZ . c. Any monument sign proposed on the Property shall be collectively maintained by the property owner (s) of all three (3) apartment buildings . 3) Landscaping Requirements and Maintenance a. Trees located along the northern property line of the development shall be a minimum size of 36" box to provide privacy screening between the Property and the Apache Junction Townhomes . b. The perpetual maintenance of all landscaping and irrigation improvements shall be the obligation of the property owners and their successors in interest, heirs, and assigns . All landscaped areas shall be properly maintained by the property owner (s) according to the approved landscape plans in Case No. P-21-99- PZ . 4) Refuse Individual refuse containers shall not block any driveways or parking spaces on the property and shall be properly maintained according to the Apache Junction City Code, Volume I, Chapter 9 : Health and Sanitation, Article 9-2 : Refuse, Garbage, Debris, Junk, Trash, and Litter Removal . Additionally, the solid waste collection provider/services shall be procured as required under Apache Junction City Code, Volume I, Chapter 9 : Health and Sanitation, Article 9-5 : Collection of Residential Solid Waste. 5) Drainage and Retention Areas Any maintenance of drainage/retention areas, whether shared or not, shall be perpetually maintained at all times by the property owner (s) of all three apartment buildings . The maintenance of the drainage/retention areas within the properties are to include, but not limited to, the clearing of weeds, debris, trash and any other deleterious material . At any time it is 5 determined by the City that the drainage and retention areas are not being property maintained, the City shall have the right, but not the obligation, to cause such maintenance to be performed after proper notice is provided to the property owners . If the City elects to perform such work, it shall bill the property owner (s) the cost of such work. Failure to pay shall result in a lien being placed on the property. 6) Shared Amenities a. A cross access agreement shall be required to allow the residents of all three parcels to legally access the shared amenity area located on the western parcel . This agreement must be submitted prior to the issuance of building permits . b. This access agreement shall remain in effect if and when the individual apartment buildings are sold to three separate individuals . 7) Indemnification a. To the fullest extent permitted by law, the Property Owner (s) , their successors in interest, heirs and assigns, agree to defend, indemnify and hold harmless City, its boardmembers and appointed officers, elected officials, agents, and employees against any and all liability including but not limited to claims, demands, fines, penalty costs, damages, losses, obligations, judgements, liabilities and suits (including attorney fees and costs and expert fees) , which arise from or elicit in any way to any act or omission by the property owners, their successors in interest, heirs and assigns, or their employees, investors, subcontractors, agents or representatives in implementing all of the above conditions of approval . This section shall continue to be in force and shall run with the land regardless of change in property ownership or management. 6 8) The parties understand these conditions shall be recorded by the City with the Pinal County Recorders Office and shall serve as legal notice to successors in interest, heirs and assigns . 7 ORDINANCE NO. 1528 AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, CONDITIONALLY APPROVING A PLANNED DEVELOPMENT MAJOR AMENDMENT, CASE P-21-99-PZ, A REQUEST BY TRAVIS HEPPE, REPRESENTED BY WILSON EJIM OF EJIM DESIGN GROUP, TO CONSTRUCT THREE, TWO-STORY, 4-PLEXES ON A HIGH DENSITY MULTIPLE-FAMILY RESIDENTIAL BY PLANNED DEVELOPMENT (NNRM-2/PD") PROPERTY; ADOPTING BY REFERENCE THAT CERTAIN DOCUMENT ENTITLED "ZONING CONDITIONS OF CASE NO. P-21-99-PZ AUTHORIZED UNDER ORDINANCE NO. 1528 FOR THE PLANNED DEVELOPMENT MAJOR AMENDMENT OF THE PROPERTY LEGALLY DESCRIBED AS AND LOCATED AT 94 W. ROUNDUP STREET, APACHE JUNCTION, ARIZONA. "; REPEALING ANY CONFLICTING PROVISIONS; AND PROVIDING FOR SEVERABILITY. WHEREAS, the City of Apache Junction (the "City"") was incorporated in November of 1978 and the zoning that was applied to the parcels 94 W. Roundup Street at that time was ("GR") ; and WHEREAS, on May 6, 2014, pursuant to Ordinance No. 1402, the City adopted a new zoning ordinance and zoning district maps, and the subject properties were inadvertently given a new zoning designation of High Density Multiple-Family Residential by Planned Development ("RM-2/PD") ; and WHEREAS, the incorrect zoning was brought to the attention of staff when the current property owners inquired about developing the property with three, two-story, 4-plexes; and WHEREAS, the current property owner, Travis Heppe, recently applied for a planned development ("PD") major amendment to allow the development of three, two-story 4-plexes; and WHEREAS, the planning and zoning commission had concerns regarding the two-story design and long-term maintenance of the property; and WHEREAS, on October 11, 2022, the Apache Junction planning and zoning commission voted 5-1 to recommend denial of rezoning case P-21-99-PZ; and WHEREAS, pursuant to A.R. S . § 9-462 . 01 (J) , the city council, before adopting any zoning ordinance or text amendment of general applicability, shall consider the probable impact the ORDINANCE NO. 1528 PAGE 1 OF 4 proposed zoning ordinance or text amendment would have on the cost to construct housing for sale or rent; and WHEREAS, the city council has determined the adoption of this ordinance or text amendment will have no negative impact on the cost to construct housing for sale or rent as delineated under A.R. S . § 9-462 . 01 (1) ; and WHEREAS, the city council hereby determines that the proposed planned development amendment request conforms to all of the general criteria as specified in Apache Junction City Code, Volume II, Land Development Code, Chapter 1 : Zoning Ordinance, Article 1-4 : Zoning Districts, Section 1-4-3, Planned Development ("PD") Overlay District, and Article 1-5 : Zoning Bulk and Use Regulations (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 natural environments in the city; and WHEREAS, A.R. S . § 9-802 permits municipalities to enact the provisions of a code or public record theretofore in existence without setting forth such provisions in full text as long as the adopting ordinance is published in full text and at least one paper copy of the code changes or public record are filed in the of f ice of the clerk of the municipality and an electronic copy is accessible on the city' s website and made available for public inspection. NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF APACHE JUNCTION, ARIZONA, AS FOLLOWS : SECTION I IN GENERAL 1 . That the planned development major amendment, as recommended by the city council, in case P-21-99-PZ, is approved with conditions incorporated by reference in section 2 below. 2 That certain document entitled "Zoning conditions of Case No. P-21-99-PZ authorized under Ordinance No. 1528 for the planned development major amendment of the property legally described as and located at 94 . W. Roundup Street, Apache Junction, Arizona", one paper copy and one electronic copy ORDINANCE NO. 1528 PAGE 2 OF 4 which are accessible on the city' s website and filed in the office of the city clerk, which document was made a public record by Resolution No. 22-38 of the City of Apache Junction, is hereby referred to, adopted and made a part hereof as if fully set out in this ordinance, pursuant to A.R. S . § 9-802 . SECTION II REPEALING ANY CONFLICTING PROVISIONS All ordinances and parts of ordinances in conflict with the provisions of this ordinance or any part of the codes adopted herein by reference are hereby repealed. SECTION III PROVIDING FOR SEVERABILITY If any section, subsection, sentence, phrase, clause or portion of this ordinance or any part of the codes or regulations adopted herein by reference is for any reason held to be invalid or unconstitutional 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 DAY OF f 2022 . SIGNED AND ATTESTED TO THIS DAY OF f 2022 . WALTER "CHIP" WILSON Mayor ATTEST: JENNIFER PENA City Clerk ORDINANCE NO. 1528 PAGE 3 OF 4 APPROVED AS TO FORM: RICHARD JOEL STERN City Attorney ORDINANCE NO. 1528 PAGE 4 OF 4 RESOLUTION NO. 22-38 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, DECLARING AS A PUBLIC RECORD THAT CERTAIN DOCUMENT FILED WITH THE CITY CLERK AND ENTITLED "ZONING CONDITIONS OF CASE NO. P-21-99-PZ AUTHORIZED UNDER ORDINANCE NO. 1528 FOR THE PLANNED DEVELOPMENT MAJOR AMENDMENT OF THE PROPERTY LEGALLY DESCRIBED AS AND LOCATED AT 94 W. ROUNDUP STREET, APACHE JUNCTION, ARIZONA. "; REPEALING ANY CONFLICTING PROVISIONS; AND PROVIDING FOR SEVERABILITY. WHEREAS, Arizona Revised Statutes Annotated (hereinafter "A.R. S . ") § 9-802 permits municipalities to enact the provisions of a code or public record in existence without setting forth such provisions in full text as long as the adopting ordinance is published in full text, and one paper copy is filed with the city clerk and an electronic copy is accessible on the city' s website, with both made available for public use and inspection; and WHEREAS, pursuant to A.R. S . §§ 9-801 (l) and 9-802, such codes include zoning conditions approved in zoning case amendments; and WHEREAS, city staff has identified such provisions herein, and it is the intent of the city to declare such documents and compilations as public records, on file in the office of the city clerk; and WHEREAS, the documents include the conditions of approval for the planned development major amendment request of Travis Heppe, represented by Wilson Ejim of Ejim Design Group, of the property known to the city as 94 . W. Roundup Street, Apache Junction, Arizona (APNs : 100-31-017C, 100-31-017D and 100-31- 017B) , more fully legally described with the conditions, and which case was presented to the planning and zoning commission on October 11, 2022 and forwarded with a vote of 5 : 1 for denial to city council at its November 15, 2022 public hearing. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA AS FOLLOWS : RESOLUTION NO. 22-38 PAGE 1 OF 3 SECTION I IN GENERAL 1 . That certain document entitled the "Zoning conditions of Case No . P-21-99-PZ authorized under Ordinance No . 1528 for the planned development major amendment of the property legally described as and located at 94 W. Roundup Street, Apache Junction, Arizona", of which at least one paper copy is on file with the city clerk and one electronic copy of which is accessible on the city' s website (www.apachejunctionaz .gov) , is hereby declared to be a public record, and shall be made available for public use and inspection. SECTION II REPEALING ANY CONFLICTING PROVISIONS All resolutions and parts of resolutions in conflict with the provisions of this resolution or any part of the codes adopted herein, are hereby repealed. SECTION III PROVIDING FOR SEVERABILITY If any section, subsection, sentence, phrase, clause or portion of this resolution or any part of the codes or regulations adopted herein is for any reason held to be invalid or unconstitutional 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 DAY OF , 2022 . SIGNED AND ATTESTED TO THIS DAY OF 2022 . WALTER "CHIP" WILSON Mayor ATTEST: JENNIFER PENA City Clerk RESOLUTION NO. 22-38 PAGE 2 OF 3 APPROVED AS TO FORM: RICHARD JOEL STERN City Attorney RESOLUTION NO. 22-38 PAGE 3 OF 3 City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No. 11. File ID: 22-727 Sponsor: Nicholas Leftwich Agenda Date: 11/15/2022 Index: In Control: City Council Meeting Presentation, discussion, public hearing, and consideration of Ordinance No. 1530, case P-22-88-PZ, a request by Chris Hundelt of Keystone Homes for the approval of a planned development rezoning of 14.1 acres currently zoned RS-GR and RM-2 to RM-2/PD to approve and facilitate the development of a 158-unit leased residential community tentatively known as "The Havenly Scenic." This item was presented and discussed at the city council meeting held November 1, 2022. City of Apache Junction,Arizona Page 1 Printed on 111812022 City ofApache Junction Development Services Department Date: November 15, 2022 City Council Work Session To: Honorable Mayor and City Council Members Through: Bryant Powell, City Manager Rudy Esquivias, Development Services Director From: Nicholas Leftwich, Planner Subject: November 15, 2022, City Council Work Session Items : Ordinance No. 1530 and Resolution No. 22-43 (P-22-88-PZ) Discussion, Presentation, Public Hearing and Consideration P-22-88-PZ Discussion & Presentation of "The Havenly Scenic" planned development rezoning. Summary P-22-88-PZ is a request by Keystone Homes for a proposed planned development rezoning of eight parcels to facilitate the development of a one-hundred fifty-eight (158) unit, "single- family style" leased residential community. Parcels 101-19-003F, -003A, -003D, -006B, -006C, -006D, and -006A (a total of 9 . 1 gross acres) are currently zoned RS-GR ("General Rural Low Density Single-Family Detached Residential") , while Parcel 101- 19-0070 (a total of 5 acres) is currently zoned RM-2 ("High Density Multiple-Family Residential") . These parcels are proposed to be rezoned to RM-2/PD ("High Density Multiple-Family Residential by Planned Development") . P&Z Commission Hearing and Recommendation The Planning and Zoning Commission held a public hearing for P-22-88-PZ on October 11, 2022, at which time they voted 5-1 to recommend approval of P-22-88-PZ . Please see the attached staff report and exhibits presented to the Planning and Zoning Commission. During the meeting the Planning and Zoning Commission discussed several aspects of traffic circulation, the connectivity of roads to arterials, the provision of access to neighboring parcels, and the impact of traffic on the neighborhood in the context of other approved developments . One neighbor attended to voice concerns regarding traffic on Scenic Street, the connection to water utilities, and the impact of development on the neighborhood. The applicant spoke to answer questions regarding the traffic analysis, the provision of amenities and electric vehicle charging stations . Planning& Zoning- wilding& Sgfety-revenue Development 300 E. Superstition Boulevard o Apache Junction,AZ 85119 * Ph: (480)474-5083 s Fax(480)982-7010 Draft Ordinance No. 1530 was drafted with Planning Staff and the Planning and Zoning Commission' s recommendation for approval . Resolution No. 22-43 adopts the document entitled "Legal Descriptions and Zoning Conditions of Case No. P-22-88-PZ Authorized under Ordinance No. 1530 . " as public record. This document contains the parcel descriptions and conditions of approval referenced in Draft Ordinance No. 1530 . City Council Discussion on November 1, 2022 The City Council reviewed case P-22-88-PZ for presentation and discussion on November 1, 2022 . Questions regarding building heights, traffic on E. Superstition Boulevard, and the provision of horse trails on the street frontages of the property were discussed. Attached: - Draft Ordinance No. 1530 - Draft Resolution No. 22-43 - Legal Descriptions and Zoning Conditions of Case No. P-22-88-PZ Authorized under Ordinance No. 1530 - Staff report and attachments presented to P&Z on 10-11-22 Planning& Zoning—Building& Sqfety—Revenue Development 300 E. Superstition Boulevard s Apache Junction,AZ 85119 @ Ph: (480)474-5083 * Fax (480)982-7010 36'-2" lop 291-511 61 -811 3050 S.H. 8080 SL. GL. DR. 3050 S.H. 3050 S.H. AC --- --- REF. _ 1 I 1 vi 1 I 1 ---------- - o --- -E Ln 0 j D.W. - I 1 DINING 10'-1" CLG. 010 GREAT 1 010 ROOM 1 KITCHEN 194 x 1210 j 10'-1" CLG. 10'-1" CLG. I— � II O T ' I N rV00 PANTRY I I LL 48 6" II _ _ R II Vi BA. 9'-1" CLG. 9'-I° CLG. __ MASTER o BEDROOM 1 1 c 130 X114 9'-1" CLG. D•1 I W. 1 _ 1630 S.H. I 1 I 1 - 11 1 - 2040 S.H. 2040 S.H. PLAN IA TARGET: 725 SQ. FT. I BEDROOMS / 1 BATHS FLOOR AREA TABLE TOTAL LIVING 722 SQ. FT. PLAN I A PORCH 118 SQ. FT. Bassenian I Lagom Reflects Spanish Elevation NOTE: SQUARE FOOTAGE MAY VARY DUE TO METHOD OF CALCULATION ARCHITECTUREI INTERIORS Copyright 2019 Bassenian I Lagoni Architects T H E H A V E N L Y S C E N I C 07 . 1 5 _ Z 2 Apache J unction A r i z o n a 0 2 4 8 KEY3 3 1 . 2 1 0 7 0 M E S ��. , t i S +apeman.. t:4+:•xxm=atixa �x xxun',maa l'm'�r,u,.rxxmvrxu:rix:um:.a,the+-+..xz:2.:.,=xmmn+sx �' �r .,i ii } a t n t ,it a 11 Y `ut u f +} _ a ,t t t t . t t t. r , fi t v f s r t t � r � }, t t 9. 4l UJ LU t f.r� �er t�; d , 4 3 {� i' tw i n t a KM co 00 i MATERIALREAR FRONT A A. CONCRETEV TIC & STUCC.. C. DECORATIVE GABLE END DETAJL 3 D. STUCCO R FOAM TRIM E. DEOOPATIVE LIGHT FIXTURE F. DECORATIVE TILE G. WINDOW H� AWNING s Ypl i�Y9 r, i, F fit", ��a'�� �aN4.ktgd�, ,'C,,z2<s°e.`st. �.:.,✓�19f�'d, �at�=,�,tt���'+� a�s�l�,a�at��� I LEFT ROOF PLAN A it 3 t i t i PITCHx ',t ;, RAKE:* TIGHT „„ i 9 3 � 8 im } t' t ROOF MATERIAL: CONCRETE **V TILE rr awry r>�.�.nfi, .w,�tc,r rf, ,nr tavtSWnrenth,,.,ruvxw+ m , RIGHT PLAN I Bassenian I Lagoni Contemporary Spanish Elevation EHAVENLY TH 07 . 15 . 22 Apache junction Arizona K tt r h + t `r tl e,.� n +�a ..a .�, t'�,a {`.3X t, ^..a, 7 ��.. sh a�+s,.+,5f,. `••1�. 1P <��� 3 5'-8 1 /2" 29'-5" 6'-0" 3050 S.H. 8080 SL. GL. DR. /------------------- 50 S.H. 3050 S.H. - __------- a � AC REF. I 1 2 1 I 1 ---------- o --- -F Ln 0 j D.W. - DINING � ` I WIN , „ T 010 � 9-i CLG. � I � GREAT 010 ROOM KITCHEN 194 x 1210 j 9'-1" CLG. 9'-I" CLG. P i" G I ( - Ln PANTRY - � ' N LP 48 6" L ` J vi `" 0 9'BI cLG. 9'-1° CLG. -_-_ MASTER o BEDROOM T2 00 - 130 x114 ! I CLG. W'' " 1630 S.H. I 1 I 1 -- 11 1 2040 S.H. 2040 S.H. PLAN I C TARGET: 725 SQ. FT. I BEDROOMS / 1 BATHS FLOOR AREA TABLE TOTAL LIVING 722 SQ. FT. PLAN I C PORCH 106 SQ. FT. Bassenian I Lagom Reflects Modern Prairie Elevation NOTE: SQUARE FOOTAGE MAY VARY DUE TO METHOD OF CALCULATION PLANNINGARCHITECTURE - - INTERIORSORi Copyright 2019 Bassenian Lagoni Architects THE HAVENLY SCENIC 07 . i 5 . 2 2 Ui �� �� ��� Apache Junction Arizona `���� d��t�fr�'' r �i kq '1 jw� ���,r � ��� �qU° .2x ,Q 3a 0 2 4 8KEYSTONE , �,����� �������� � P 3 3 1 . 2 1 070 w ,o E S 4 t � {j Fg e+. }f LU UU t�li fr £�' � >•,S4 Sky'...,) ;fv }" J:�ryl .P.y .F>>. ,�, ... ,.jr} tl 4tu, v , �' S ({,, } 1�b c Y : "•s? � '�':AE" 'ik .i +,5..,, �.: � v i.�.� :., .� f ,.., �F,., Abd)w+xxe x ' t � t7:F , ,x�.s..' .., :: ., :. } _...,. r r „ �, .5:,.. �Y.. t".� it .NO 51. .. i k 8 r 3 REAR FRONT C MATERIAL LEGEND A. CONCRETE FLAT a 4:k i 4.= t r t F., } o>a•�a� £' a j 6 TILE STUCCO C. STUCCO OVER FOAM TRIM 0. STONE VENEER DECORATIVE LIGHT FIXTUREF. WINDOWS FOAM BAND TRIM i v, t t : l SfrQ:��tW�'a�h�\9A'N,Pt�t4+t$' eY.§hu'v�s 4 4 „ LEFT ------- --- ------- - sse I .................. -- --- -- - -- -- - -- - - ROOF PLAN C 3 3 3 3 j CfA'Sm:6 NJNtadl �{4.4w mh��W`>`.%P +k:�'aA-Rk' P+i�tfit tigµgk}p, 3 : S 3 S j 3 WNW.WwtlRhN I 3 3 �S i zmm� ROO j F MATERIAL: CONCRETE FLAT TILE 4, RIGHT PLAN I Bassenian I Lagoni 4 x Modern Prairie Elevation ASCHITECTU11 THE HAVENLY SCENIC 07 . 15 . 22 �. W Apache junction Arizona 3 3 1 2 10 7 0 KEYSTONE w£ 72'-4" 6'-811 291-6 291-6 61-811 40, - I AC 3050 S.H. 8080 SL. GL. DR. 3050 S.H. 3050 S.H. -- ----------------------------- 1 1 1 1 REF. I I = Ln I ---------- o a- --- --- -F - `^ 0 D.W. I 11 I I I I1 I DINING - 0 ' El 10'-1" CLG. - � o � o GREAT � 00� O� � C � � III 010 OIO o ROOM i II M X1210 I �,I ` I KITCHEN CHEN 10'-1" CLG. I - I - - - - Ln N rVG PANTRY I I LL - 48 6" - I `$ R II BA. 9'-I° cLG. 9'-I° CLG. MASTER o BEDROOM Ln II 130 xll4 9'-1" CLG. 1 _ 1630 S.H. I 1 I 1 - i 2040 S.H. 2040 S.H. PLAN IA - DUPLEX TARGET: 725 SQ. FT. I BEDROOMS / 1 BATHS FLOOR AREA TABLE TOTAL LIVING 722 SQ. FT. PLAN I A - DUPLEX PORCH 118 SQ. FT. Bassenian I Lagom Reflects Spanish Elevation NOTE: SQUARE FOOTAGE MAY VARY DUE TO METHOD OF CALCULATION ARCHITECTURE - PLANNING INTERIORS I I Copyright 2019 Bassenian I Lagoni Architects T H E H A V E N L Y S C E N I C 07 . 1 5 . 2 2 A p a c h e j unction Arizona 0 2 4 8 KEY T NE 3 3 1 . 2 1 0 7 0 'IT +1 REAR FRONT A MATI-EIR111AIL A. CONCRETE *$* TILE 8� STUCCO C. DECORATIVE GABLE END DETAIL 0. STUCCO OVER FOAM TRIM E. DECORATIVE LIGHT FIXTURE F. DECORATIVE TILE G� WINDOW K AWNING ROOF LEFT ROOF PLAN A PITCH., 4:12 U.N.0 TIGHT RAKE. EAVE: 12* ROOF MATERIAL: CONCRETE *S* TILE WAA RIGHT PLAN I DUPLEX Bassenian I Lagoni Contemporary Spanish Elevation ASCHITECTUSE # PLANNING # INTE810AS T H E H A V E N L Y S C E N I C 07 . 15 . 22 Apache junction Arizona 0 2 4 8 KEYSTONE L 33 1 . 2 1070 H 0 M E S ........... .................... ....... ....... &# 711-711 J# 40" V 61-3 1 /211 291-611 291-611 6'-3 1 /2" AC ---------------------------- -------------------------- -3-05-0-S.H.--v"", .......— ------------8080 SL.---GL.-DR---------------------- 3050 S.H. 3050 S.H. ----------------------------------- WMERWAIRIAN REF. - - -------------- —---------- 4— 4----4-4 D.W. -------------- EQ I"�N��IN G 9' 1 CLG 010 010 I I I GREAT Mo 010 � L11 < ROOM M! x 12 10 KITCHEN 9'-1 CLG. P R 9'-1" CLG. 9'-1 CLG. F— Ln 0 rV00 PANTRY U— IRS 6" LINEN ......U6�% BA 91-1 CLG. 9'-1 CLG. MASTER BEDROOM Co Ln CD 130 x114 Ln 9'-I" CLG. W. I 1630 S.H. ................... .11 2040 S.H. 2040 S.H. PLAN I C - DUPLEX TARGET: 725 SQ. FT. I BEDROOMS / I BATHS FLOOR AREA TABLE TOTAL LIVING 715 SQ. FT. PLAN I C PORCH 63 SQ. FT. Bassenian I Lagom Ref lects Modern Prai rie Elevation NOTE: SQUARE FOOTAGE MAY VARY DUE TO METHOD OF CALCULATION ARCHITECTURE - PLANNING - INTERIORS Copyright 2019 Bassenian I Lagoni Architects T H E H A V E N L Y S C E N I C 07 . 15 . 22 Apac h e j unction Arizona 0 2 4 8 KEYST NE 3 3 1 . 2 1070 H 0 M E S +1 low", tz REAR FRONT C MATERIAL LEGEND X CONCRETE FLAT TILE B. STUCCO C, STUCCO OVER F0A?,4 TRIM 0. STONE VENEER E, DECORATIVE LIGHT FIXTURE F� WINDOWS na 51, V111 N W LEFT -- ---- --- --- -- - ---------------- --- -- -- 1< ROOF PLAN C PITCH., 4:12 RAKE. 12" EAVE: 12* ROOf MATERIAL: CONCRETE FLAT TILE —v......... RIGHT PLAN I DUPLEX Bassenian I Lagom Modern Prairie Elevation AIVNITECTUSE - PLANNINS * INTERIM THE HAVENLY SCENIC 07 . 15 . 22 ......................... Apache junction Arizona 0 2 4 a KEYSTONE 33 1 . 2 1070 H 0 M E S ....... ........... ....... ........... &# 36 1-011 1212 FAUX 1212 FAUX WDW. WDW. + MIA' INEZ 00 ' F------ 0 0 ---------------— MASTER I KITCHEN BEDROOM 10'-1" CLG. Ln 13-Z X 122 a 4- DINING Lf) 9'-1 CLG. Ln 10'-1" CLG. LL: I 1 0 D.W. 00 Lau:� C1 1 00 ------------- -------------- z C�4 GREAT 9.- ROOM I" CLG. u Ln D.1 13 1 X 12 C14- 10'-1" CLG. 7t AC 00 BA. --------------------------- 9'-1 C LG. LL: r*4 60" 36" C'4 P H 10, LG. ,EmEmEmEma ----------------------- 3050 S.H. 3050 S.H. FRONT PLAN 2A TARGET: 800 SQ. FT. I BEDROOMS / I BATHS FLOOR AREA TABLE TOTAL LIVING 804 SQ. FT. PLAN 2A PORCH 41 SQ. FT. Bassenian I Lagom Ref I ects C o nte m porary Spanish Elevation NOTE: SQUARE FOOTAGE MAY VARY DUE TO METHOD OF CALCULATION ARCHITECTURE - PLANNING - INTERIORS Copyright 2019 Bassenian I Lagoni Architects T H E H A V E N L Y S C E N I C 07 . 15 . 22 Apac h e j u n c t i o n Ari zo n a 0 2 4 8 KEYSTONE 3 3 1 . 2 1070 H 0 M E S ........ 77 Fe "IF ------ ------- ajarr J-A- IN 400 1"a 13: --------------- .................. ------------ REAR FRONT A MATERIAL LEGEND A. CONCRETE '$*TILE & STUCCO C. DECORATIVE GABLE END DETAJL D. STUCCO OVER FOAM TRIM E. DEOOPATIVE LIGHT FIXTURE F. DECORATIVE TILE G. WINDOW H� AWNING ROOF LEFT -- --- - -- -- - ----- --- -- L ROOF PLAN A PITCH: 4:12 TIGHT Adhk RAKE, EAVE: 12* ROOF MATERIAL: CONCRETEl"TILE RIGHT PLAN 2 Bassenian I Lagoni Contemporary Spanish Elevation AtCHITECTURE - PLANNINI * INTERIORS T H E H A V E N L Y S C E N I C 07 . 15 . 22 Apache junction Arizona 0 2 4 8 KEYSTONE 33 1 . 2 1070 H 0 M E S &# 36 1-011 1212 FAUX 1212 FAUX WDW. WDW. + MIA' INEZ 00 ' F------ 0 0 ---------------— MASTER I KITCHEN BEDROOM 9'-1" CLG. Ln 13-Z X 122 a 4- DINING Ln 9'-1 CLG. Ln 9'-1 CLG. LL: I 1 0 D.W. 00 Lau:� C1 00 ------------- -------------- z < I.......... GREAT ROOM vi 9'-1 CLG. C1 Ln D. 13-L X 12 3 Co 4.----4 9'-1" C LG. AC 00 -—--------------------- BA. 9'-1 C LG. LL: r*4 60" 36" C'4 P H 91 1 G. I------------------------------------------ 2040 S.H. 3050 S.H. 3050 S.H. 3050 S.H. FRONT PLAN 2C TARGET: 800 SQ. FT. I BEDROOMS / I BATHS FLOOR AREA TABLE TOTAL LIVING 804 SQ. FT. PLAN 2C PORCH 48 SQ. FT. Bassenian I Lagom Reflects Modern Prairie Elevation NOTE: SQUARE FOOTAGE MAY VARY DUE TO METHOD OF CALCULATION ARCHITECTURE - PLANNING - INTERIORS Copyright 2019 Bassenian I Lagoni Architects T H E H A V E N L Y S C E N I C 07 . 15 . 22 Apache j unction Ari zo n a 0 2 4 8 KEY TONE 3 3 1 . 2 1070 H 0 M E S F"77- +41 'lit 4j IBM ----------- ------ REAR FRONT C 1/4*=1*.0* MATERIAL LEGEND A. OONCRETE FLAT TILE B. STUCCO C,, STUCCO OVER FOAM TRIM D. STONEVENEEP. E, DECORATIVE LIGHT FIXTtJRE F. WINDOWS LEFT ----- ------------- -1 L ----- - ROOF PLAN C PITCH� 4:12 RAKE i r FEAVE: 12* ROOF MAT,ERIAL: CONCRETE FLAT TILE al R11 'I'l"���lo"�",�l",�"I">"I RIGHT PLAN 2 Bassenian I Lagoni Modern Prairie Elevation AtCHITECTURE - PLANNIN6 * INTERIOR$ THE HAVENLY SCENIC 07 . 15 . 22 Apacbe junction Arizona 0 2 4 8 KEYSTONE 33 1 . 2 1070 H 0 M E S 41-611 431-511 C) - 1 0% AC 5050 SL. 5050 SL. 8080 SL. GL. DR. 12 F.G. 1212 F.G. 1212 F.G. ---------------------------------- ---------------------------------- -----4M,7 --- M, 7� 777=7 2�r C4 MASTER CD Ln a U BEDROOM DINING Ln F 11 9 "( 124 >---------- 10'-1" CLG. 10'-1" CLG. BEDROOM 2 114 X100 Z 10'-1" CLG. 0 r-10 Vi GREAT ILL- Ll EN C1 ROOM 19 2 X 15 9 10'-1" CLG. r*-4 BA. 2 101-1" CLG ------------ -------------------------------- 4------4 ----- 60"x 32" D.W. I I I I I t -f MASTER REF. (A 1212 F.G. BATH 10'-1" CLG. KITCHEN 10'-1" CLG. 0 1 CLG. 6 6" L------------- -------------- IR H- -------------------------------------------------- 12112 FAUX 1212 FAUX WDW. WDW. PLAN 3A TARGET: 1 ,050 SQ. FT. 2 BEDROOMS / 2 BATHS FLOOR AREA TABLE TOTAL LIVING 19072 SQ. FT. PLAN 3A PORCH 68 SQ. FT. Bassenian I Lagom Ref I ects C o nte m porary Spanish Elevation NOTE: SQUARE FOOTAGE MAY VARY DUE TO METHOD OF CALCULATION ARCHITECTURE - PLANNING - INTERIORS Copyright 2019 Bassenian I Lagoni Architects T H E H A V E N L Y S C E N I C 07 . 15 . 22 Apac h e j unction Arizona 0 2 4 8 KEY T NE 3 3 1 . 2 1070 H 0 M E S ---.............. .. ... ....... 3 +1 V REAR FRONT A 1/4*-1*-0" MATERIAL LEGEND A. CCWCRETE V TILE a" STUCCO C. DECORATIVE GABLE END DETAJL D. STUCCO OVER FOAM TRIM E, DEOORATIVE LIGHT FIXTURE F. DF-OORATIVE TILE Ak ME i ii G, WINDOW H. AWNING ROOF ON I I W 1111 NO RIGHT .0W 40", mow ~"W**W%*w*ww**W *00*"W *#W ROOF PLAN A PITCH: +12 RAKE, TiGHT EAVE: 12* ROOF MATERIAL: CONCRETE *S� TILE LEFT PLAN 3 Bassenian I Lagoni Contemporary Spanish Elevation AtCHITECTURE - PLANNING - INTERIM 07 . 15 . 22 T H E H A V E N L Y S C E N I C Apache junction Arizona 6U 0 2 4 8 KEYSTONE 33 1 . 21070 H 0 M E S .......... 41-611 431-511 C) - 1 0% AC 5050 SL. 5050 SL. 8080 SL. GL. DR. (3) 1212 F.G. -----------------—- -------------- + -------------- ---------------- ----------- -—----------- C4 V) MASTER 40 Ln a BEDROOM DINING Ln I 1 9 '( 124 >---------- 10'-1" CLG. 91-1 CLG. BEDROOM 2 F9 114 X100 z r-10 Vi GREAT ILL- 10'-1" CLG. C1 Ll EN ROOM 192 X159 10'-1" CLG. r*-4 9'-1 C LG. El BA. 2 10'-1" CLG ------------ D!I I 60"x 32" 1——----- I I D.W. -f MASTER REF. 1212 F.G. BATH 9'-1 CLG. KITCHEN 10'-1" CLG. 6 6" H L------------- -------------- 101-111C IR H- -------------------------------------------------- FAUX 1212 FAUX 7212`1�= WDW. WDW. PLAN 3C TARGET: 1 ,050 SQ. FT. 2 BEDROOMS / 2 BATHS FLOOR AREA TABLE TOTAL LIVING 19072 SQ. FT. PLAN 3C PORCH 30 SQ. FT. Bassenian I Lagont Ref lects Modern Prai rie Elevation NOTE: SQUARE FOOTAGE MAY VARY DUE TO METHOD OF CALCULATION ARCHITECTURE - PLANNING - INTERIORS I Copyright 2019 Bassenian I Lagoni Architects T H E H A V E N L Y S C E N I C 07 . 15 . 22 Apache j u n c t i o n Ari zo n a 0 2 4 8 KEYSTONE 3 3 1 . 2 1070 H 0 M E S ........ e MORAW +4 ..... ...........------- ............... REAR FRONT C 114*�,&1*.0* MATERIAL LEGEND A, CONCRETE FLAT TILE S. STUCCO C, STUCCO OVER FOAM TRIM 0. STONE VENEER E, DECORATIVE LIGHT FIXTURE F� WINDOWS RIGHT ROOF PLAN C PITCH: +12 RAKE: I i EAVE: 12* ROOF MATERIAL: FLAT COWRETE TILE 1Z LEFT PLAN 3 Bassenian I Lagoni Modern Prairie Elevation ASCHITECTUff - PLANNINO - INTERIORS T H E H A V E N L Y S C E N I C 07 . 15 . 22 Apache junction Arizona 0 2 4 8 KEYSTONE 33 1 . 21070 H 0 M E S .................... ....... ................................... ........ ....... ......... ........ ........ ........... .............------ ....... ........... 41-611 431-511 AC 5050 SL. 8080 SL. GL. DR. 1212 F.G. 1212 F.G. 1212 F.G. ---------- —---------------I - i--- _____+� --- --------------------------------- ------- -------------------------- PANTRY Vi REF. KITCHEN 10'-1" CLG. Ln MASTER 0 Ln � 010 ' Ln EDROOM DINING 112 X121 10'-1" CLG. 010 BEDROOM 2 E 0'-1" CLG. III X100 10'-1" CLG. D.W D.W. LINEN 1110 00 BA. 2 U- BA. 2 u- LG(:::Ifl 101-11, C I 0,_I" c LG(.� ---T D�j W�j 4------44------ 60"x 32" ------ 60,, 32" GREAT MASTER LA ROOM 121 G. G. BATH 152 X15-� 10'-1" CLG. 10'-1" CLG. Co Ln Ln H PO H CD CD m I m 7j L I --------------------------------------- 6 6" ------------- ---- ------------- --------------------------- 1212 F.G. 1212 F.G. MOT - ---------------------------- 3050 S.H. 3050 S.H. SIDE ENTRY FRONT ATPORCH PLAN 4A TARGET: 1 ,050 SQ. FT. 2 BEDROOMS / 2 BATHS FLOOR AREA TABLE TOTAL LIVING 1 p095 SQ. FT. # PLAN 4A PORCH 124 SQ. FT. Bassenian I Lagom Ref I ects C o nte m porary Spanish Elevation NOTE: SQUARE FOOTAGE MAY VARY DUE TO METHOD OF CALCULATION ARCHITECTURE - PLANNING - INTERIORS Copyright 2019 Bassenian I Lagoni Architects T H E H A V E N L Y S C E N I C 07 . 15 . 22 Apac h e j u n c t i o n Ari zo n a 0 2 4 8 KEYSTONE 3 3 1 . 2 1070 H 0 M E S ­­.......... Z,,`�, `V 1", `Q 'i :11-..... ... .. MAlil"Y' Y"I"R +41 gyp egl?,' RlmrvMg l I...........I REAR FRONT A 1/4*=1".0* MATERIAL LEGEND A. CONCRETE 'S"TILE & STUCCO C. DECORATIVE GABLE END DETAJL D. STUCCO OVER FOAM TRIM E. DEOOPATIVE LIGHT FIXTURE F. DECORATIVE TILE G. WINDOW H. AWNING ROOF jg .......... ........ ........... LEFT ------------------ "a Ow low a" ROOF PLAN A PITCH,,,,,,, 4:12 RAKE: TIGHT EAVE: 12* ROOF MATERIAL: COWRETE 'T TILE RIGHT PLAN 4 Bassenian I Lagoni Contemporary Spanish Elevation ASCHITECTURE # PLANNING * INTERIOR$ CCV11*1",102 1, Naswien I Uq:,"kdOmb THE HAVENLY SCENIC 07 . 15 . 22 ....................................................................... Apache junction Arizona 0 2 4 8 KEYSTONE 3 1 . 21070 H 0 M E S .................... 41-611 431-511 AC 5050 SL. 8080 SL. GL. DR. (3) 1212 F.G. --------- -- --------------- ------------ - - ------------- ---------------------------------- ------- ---------------*----------- PANTRY Vi REF. f-------t KITCHEN 10'-1" CLG. MASTER Ln � 01 Ln EDROOM DINING 10 1 11 .2 X121 10'-1" CLG. El 010 E 9'-1 C LG. BEDROOM 2 III X102 7 10'-1" CLG. D.W. 1110 00 9'-1 CLG. BA. 101-111C ID ------------------------------ ------ 60"x 32" GREAT —------- MASTER a LA ROOM 121 G. BATH is 2 x 15 9'-1 CLG. 44 10'-1" CLG. Ln Ln P --------------------------------------- 6 6" --------------- --------------------------- VIA Ell m Moll 1212 F.G. 1212 F.G. ---- ................. 2650 S.H. ' '2650 S.H. ' 2650 S.H. -4","�wx FRONT PLAN 4C TARGET: 1 ,050 SQ. FT. 2 BEDROOMS / 2 BATHS FLOOR AREA TABLE TOTAL LIVING 19095 SQ. FT. PLAN 4C PORCH 100 SQ. FT. Bassenian I Lagom Reflects Modern Prairie Elevation NOTE: SQUARE FOOTAGE MAY VARY DUE TO METHOD OF CALCULATION ARCHITECTURE - PLANNING - INTERIORS Copyright 2019 Bassenian I Lagoni Architects T H E H A V E N L Y S C E N I C 07 . 15 . 22 Apac h e j unction Arizona 0 2 4 8 KEYSTONE 3 3 1 . 2 1070 ......................... H 0 M E S ----....................- .......... .... ........... .... ....... 'k"'d !001 ----------- ----------------- -------- ---- ------------------ ---------------- REAR FRONT C MATERIAL LEGEND A. OONCRETE FLAT TILE B. STUCCO C), STUCCO OVER FOAM TRIM D. STONE VENEER E, DECORATIVE LIGHT FIXTVRE F. WINDOWS ........... mill; -- ---- ----------- ------ -- -- LEFT ROOF PLAN C PITCH: 4:12 RAKE s r EAVE: 12* ROOF MATERIAL: CONCRETE FLAT TILE -M�Mmm�� RIGHT PLAN 4 BassenianlLagoni Modern Prairie Elevation ASCHITECTU11 - PLANNING * INURIORS Ctp)iijft2',02,1, Basunan I LVzo,AntrWIs T H E H A V E N L Y S C E N I C 07 . 15 . 22 Apache junction Arizona 0 2 4 a 33 1 . 2 1070 KEYSTONE H 0 M E S ............. .................. ......... .......... 41-611 441-011 ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ (-4 2040 S.H. 2040 S.H. AC 60 6" 5050 SL. --------------- -- --------------- MASTER U- BEDROOM ----------------------------------------------------------------------------------------------------:i- V) 12-9 X 122 Ln C1 10'-1" CLG. Ln MASTER BEDROOM 3 r 10�1 y 102 BATH 10'-1" --LG. 10'-1" CLG. 8080 SL. GL. DR, NO Vi LL: I- 7--t W-*- 11 T11ml -11 DINING X jx4jx J1 1I Z .............. 131 X12�! 0 Lf) BA. 2 10'-1" CLG. rn 113� 0'-1" CLG. V) CD 1-4 Co r14 0 0 60"x 32" BEDROOM 2\\\ 100 X102 LA Ln 10'-1" CLG. GREAT Co Ln DW CD ROOM Ln L U� I I LU 140 X174 >---------------- KITCHEN 10'-1" CLG. 10'-1" CLG. ----------- --------- 0 0 00 ---------------------------------------- ---------------------------- 1212 FAUX 1212 FAUX 2050 S.H. WDW. WDW. PLAN SA TARGET: 1 ,200 SQ. FT. 3 BEDROOMS / 2 BATHS FLOOR AREA TABLE TOTAL LIVING 19246 SQ. FT. PLAN 5A PORCH 112 SQ. FT. Bassenian I Lagom Ref I ects C o nte m porary Spanish Elevation NOTE: SQUARE FOOTAGE MAY VARY DUE TO METHOD OF CALCULATION ARCHITECTURE - PLANNING - INTERIORS Copyright 2019 Bassenian I Lagoni Architects T H E H A V E N L Y S C E N I C 07 . 15 . 22 Apac h e j unction Arizona 0 2 4 8 KEYSTONE 3 3 1 . 2 1070 H 0 M E S Now" ............------------------- ......... .................... -------------------- ........... +j f *WWAW 44 Oil 0 ............... ...................................................................................... ............... ............... REAR FRONT A MATERIAL LEGEND A, CONCRETE 'VTILE 8, STUCCO C,, DECORATIVE GABLE END DETAIL D� STUCCO OVER FOAM TRIM E� DECORATIVE LIGHT FIXTURE F, DECORATIVE TILE G, WINDOW H. AWNING ROOF ................................ ............................. LEFT ROOF PLAN A PJTCH�,,: +12 RAKE: TIGHT EAVIE- 12* ROOF MATERIAL: C0NCRETET TME RIGHT PLAN 5 Bassenian I Lagoni Contemporary Spanish Elevation ASCHITECTU11 - PLANNINO - INTERIORS THE HAVENLY SCENIC 07 . 15 . 22 Apache Junction Arizona 0 2 4 8 331 . 21070 KEYSTONE H 0 M E S ........... ............. 41-611 441-011 --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- --------Ll------------------------------------ 2040 S.H. 2040 S.H. AC 60 6" 5050 SL. -------------------------—-------------- MASTER LL: BEDROOM rq V) 12-9 X122 Ln C1 21- Ln 10'-1" CLG. BEDR OM 3 SOMEONE FIFIF"14, MASTER r 102 y 102 BATH 10'-1" CLG. 10'-1" CLG. 8080 SL. GL. DR. -T: -- - ---------------------------------- -—-------------------------- EAWA vi Co U� V Co N4 N t 7--t DINING 131 X12-� BA. 2 10'-1" CLG. -T: 0'-1" CLG. U— Vi CD 4--- 1-4 Co 6 32" LINEN BEDROOM 2 100 X102 ------------- RC t t vi 1 '-I" CL V) 10'-1" CLG. I GREAT 0 D.W. Co Ln 0 1 ROOM Ln U� LU 140 X174 >—-------------- KITCHEN ----I--0'-1 CLG.-��+ 10'-1" CLG. -4 0 0 --------- 00 1212 FAUX 1212 FAUX 2050 S.H. WDW. WDW. PLAN SC TARGET: 1 ,200 SQ. FT. 3 BEDROOMS / 2 BATHS FLOOR AREA TABLE TOTAL LIVING 19246 SQ. FT. PLAN 5C PORCH 126 SQ. FT. Bassenian I Lagom Ref lects Modern Prai rie Elevation NOTE: SQUARE FOOTAGE MAY VARY DUE TO METHOD OF CALCULATION ARCHITECTURE - PLANNING - INTERIORS Copyright 2019 Bassenian I Lagoni Architects T H E H A V E N L Y S C E N I C 07 . 15 . 22 Apac h e j unction Arizona 0 2 4 8 KEYSTONE 3 3 1 . 2 1070 H 0 M E S ----------------- ---------- .............. EL REAR FRONT C MATERIAL LEGEND A. CONCRETE FLAT TILE B. STUCCO C� STUCCO OVER FOAM TRIM D. STONE VENEER E, DECORATIVE LIGHT FIXTURE F, WINDOWS ————— ——— —— — LEFT ROOF PLAN C PITCH., 4:12 RAKE: 12" EAVE- 12* ROW MATERIAL: CONCRETE FLAT TILE -------------- RIGHT PLAN 5 Bassenian I Lagoni Modern Prairie Elevation AICH[TECTU11 * PLANNINS * INURIORS 0W,)11jtf 421 eatsman I Larm h-th,"es THE HAVENLY SCENIC 07 . 15 . 22 ----------------------------------------------------------.. ....... .............................. Apache junction Arizona 0 2 4 a KEYSTONE 33 1 . 2 1070 H 0 M E S ...... .......... .................... ....... ........-1-11-1-11-1"-"-,�"-,�-,-,�-"�ll,"-,-"-I....... ...... 401-1011 #* 41-611 #* V ----------------------------------------------------------------------------------------------------------------------------------------------------------------- ------------------- -- --------------------------------------------------------------------------------------------------- C) -1 6080 SL. GL. DR 1212 F.G. 6050SL. PANTRY ------ REF. cri CD 4 8 r771 c\1 cf) KITCHEN CD LO 9'-l" CLG. CD MASr co IN IN U 0 BE:)ROO 00 X 100 fly- 91-11, CLG. L 010 112 X 132 cf) 9'-l" CLG. CD 0 010 LOT------------------------------- ------- C) co T 7RY r D.W. U3 CD Z 04 7 L C) MASTER C) BATH 9'-l" CLG. </ t T, LINEN D BEDROOM 2 LO GREAT 102 X100 CD 60 6" AC ROOM 9'-l" CLG. �N 134 X126 _4 W 9'-l"--CLG--------- 1212 F.G. co BA. 9'-l" CL cy) U3 x CD LO CD (0 cy) 2050 SH. 1212 FAUX 1212 FAUX WDW. WDW. FIRST FLOOR PLAN 6A TARGEr: 1 ,150 M. FT. 2 BEDROOMS/ 2 BATHS FLO OR AREA TABLE TOTAL LIVING 1 )145 SQ. FF. F L A 6 XA -PORCH 107 M. FT. Bassenian I Lagom Ref 1- ect s C o n t e m­­p I orary Spanish Elevation NOTE: SQUARE FOOTAGE MAY VARY DUE TO METHOD OF CALCULATION ARCHITECTURE - PLANNING - INTERIORS CopfigI1,0019 B&%mian I LWhkchteds THE HAVENLY SCENIC 07 . 15 . 22 Gilbert Arizona 0 2 4 8 KEYST NE 331 . 21073 H 0 M E S A c S D ................. ....... ......................................... ............................... 111,11 Al UJ LLJ t +1 . ........!�, +1 01% REAR FRONT A MATERIAL LEGEND_ A. CONCRETE '$' TILE B. STUCCO C. DECORATIVE GABLE END DETAIL D. STUCCO OVER FOAM TRIM E. DECORATIVE LIGHT FIXTURE F. DECORATIVE TILE G. WINDOW H. AWNING ROOF ----- -- ----- -- ---- ------- - LEFT ----- - --- -- - ------ -- - -- - ROOF PLAN A PITCH: 4:12 RAKE: TIGHT EAVE: 12" ROOF MATERIAL: CONCRETE "S** TILE WME: pil 11 1111�g 10�11� p!gill glill RIGHT L A IN* 6 x A Bassenian I Lagoni C- o n-te m p -orary Spanish Elevation ARCHITECTURE - PLANNING - INTERIORS Copnht 2019 Bassenian I Lapni Architeds THE HAVENLY SCENIC 07 . 15 . 22 Gilbert Arizona 0 2 4 8 KEYSTONE MV 33 1 . 2 1073 H 0 M E S 401-1011 J# 40, -------------------- ----------------------------- ------------------------------------------------------------------------------------------------------------------------------------------- --- --------------------------------------------------------------------------------------------------- 6080 S—GL. DR 1212 F.G. 6050S-. V t--————— PANTRY W REF. cri CD 4 cf) CD LO CD KITCHEN co 9'-l" CLG. MAST IN IN BEDROO 00 X100 cf) 010 C) L 112 X132 CD I Z LO I I 9'-l" CLG. co 010 ----------------------------------- L D.W. it CD 04 C) 777' —1 MASTER C) cle) BATH 9'-l" CLG. Fm '-1" CLG. D. BEDROOM 2 CD 4-- —:4 LO 102 X100 GREAT 60 6" AC 9'-l" CLG. ROOM 134 X126 4 9'-l" CLG. 1212 F.G. CD co BA. 9'-l" CL cy) CD LO CD (0 cy) ------------------ 2050 SH. 1212 FAUX 1212 FAUX WDW. WDW. FIRST FLOOR PLAN 6C. TARGEF: 1 ,300 SQ. Fr. 3 BEDROOMS/ 3 BATHS+ LOFT FLOOR AREA TABLE TOTAL LIVING 1 )146 M. FT. PORCH 108 M. FT. NOTE: SQUARE FOOTAGE MAY VARY DUE TO METHOD OF CALCULATION L A 1` 6XC Bassenian I Lagom R-ef I- ect s M o d e r n -- Prairie Elevat ion ARCHITECTURE - PLANNING - INTERIORS CopfigIft,0019 B&%wian I LWhkchteds THE HAVENLY SCENIC 07 . 15 . 221 Gilbert Arizona 0 2 4 8 KEYSTONE 331 . 21073 H 0 M E S 8 c A E F ...... .................... ........................................................... ............... INA, 61 viol .Mow +1 10. 4-A q 00 41 112,011,123010,80", REAR FRONT c 1/4"=1#-Oft MATERIAL LEGEND_ A. CONCRETE FLAT TILE B. STUCCO C. STUCCO OVER FOAM TRIM D. STONE VENEER E. DECORATIVE LIGHT FIXTURE F. WINDOWS G� +2" FOAM BAND TRIM --- ----- --------- ------ -- ---- ----------- LEFT ----- --- -- --- - ---- ------ ........... ROOF PLAN c PITCH: 4:12 RAKE: N/A EAVE: 12" ROOF MATERIAL: CONCRETE FLAT TILE 7?77 WE W11' RIGHT LA 6 X -C Bassenian I Lagoni Modern Prairie Elevation ARCHITECTURE - PLANNING - INTERIORS Copnht 2019 Bassenian I Lapni Architftts T H E HAVENLY SCENIC 07 . 15 . 22 Gilbert Arizona 0 2 4 8 KEYSTONE 33 1 . 2 1073 H 0 M E 5 401- 1019 #* 41-611 -----------------------------------------------------------------------------------------------------------------------------—-------------------------------------- V ------------------------------------------------ 401- 1011 1-911 1 C:) 28 12 - I 0". AC 3050 F.G. 3050 F.G. 3050 S.H. 3050 S.H. 2060 F.G. 6080 SL. GL. DR. 1212 F.G. 6050 SL. ------- But, PANTRY —————-- REF. I -- ±7'-4" CLG. Vi -4 rq U: KITCHEN Ln Lm 9'-1 CLG. C1 - MASTE Cn >-------- ININ 010 I -� X 122 zjc� E 010 2 X 1 3 0 1 -1 BEDROO 0 OPEN TO C-4 OLUME CL LL: >---------------- L'i 9'-1 C LG. BELOW 0 1. .1 U Ln -- ---------------------- Ln L J *10 00 Vi D.W. LOFT 101 X 172 9'-1 C LG. M ASTER R. I U- BATH 9'-1 C LG. LINEN 1212 F.G. 1212 F.G. BEDROOM 2 GREAT 102 X100 1 60 6" 1 9'-1 C LG. ROOM I r*-4 ) Ln 13-1 X126 1212 F.G. Ln 9--1-"_CLG BA. 9'-1 CL Ln Ln Co 10 - ---------------- Now timmm7ff, �050 S.H. 1212 FAUX 12 1�2-FAUX WDW. WDW. SECOND FLOOR F I R S T F L 0 0 R PLAN 6A TARGET: 1 ,300 SQ. FT. 2 BEDROOMS / 2 BATHS + LOFT FLOOR AREA TABLE FIRST FLOOR 19 148 SQ. FT. SECOND FLOOR 270 SQ. FT. TOTAL LIVING I p418 SQ. FT. PLAN 6A PORCH 10 SQ. FT. Bassenian I Lagom Ref I ects Co nte m porary Spanish Elevation NOTE: SQUARE FOOTAGE MAY VARY DUE TO METHOD OF CALCULATION ARCHITECTURE - PLANNING - INTERIORS Copyright 2019 Bassenian I Lagoni Architects T H E H A V E N L Y S C E N I C 07 . 15 . 22 Apac h e j unction Arizona 0 2 4 8 KEY ' T NE 3 3 1 . 2 1070 H 0 M E 5 F ............. ....... "'N ....... ico +1 14 REAR FRONT A MATERIAL LEGEND A. CONCRETE *S' TILE a. STUCCO ii,:!�l!!::i'' , ��J,Jljftjl­ C.,, OF-C<RATIVE GABLE END DETAJL D. STUCCO OVER FOAM TRIM E. DECORATIVE LIGHT FIXTURE F. DECORATIVE TILE G, WINDOW H� AWNING ROOF -- ---------- LEFT ---------------- ... . ... --- ROOF PLAN A PITCH: 4,12 RAKE TIGHT, EAVE: i r CONCRETE *V TILE ROOF MATERtAL. ------------------------- RIGHT PLAN 6 Bassenian I Lagoni Contemporary Spanish Elevation AICHITECTUff * PLANNIRG # INTERIORS Coori0t 421 04sunan I Lvxv,A,,,zh*, ds THE HAVENLY SCENIC 07 . 15 . 22 .......................................................................... Apache junction Arizona 0 2 4 a KEYSTONE 33 1 . 21070 H 0 M E S 401- 1019 #* 41-611 -----------------------------------------------------------------------------------------------------------------------------—-------------------------------------- V ------------------------------------------------ 401- 1011 ---- --------------------------------------------------------------------------------------------------- 2 1-911 C:) 8 12 OL - I AC 1212 F.G. 1212 F.G. 1212 F.G. 3050 S.H. 3050 S.H. 3050 F.G. 6080 SL. GL. DR. 1212 F.G. 6050 SL. -------------- PANTRY ------ ±7'-4" CLG. 4 U-i L'i Ln Ln KITCHEN 9'-1" CLG. -------- R E 1. MASTE 010 >----------- ININ BEDROO J I Vi I -� X 12.2 Z c) I I E : 010 11 .2 X 13 2 Ln BEDROOM 3 r*-4 Lm 9'-1" CLG. I i 9'-1 CLG. >---------------- 10-� X 100 U ------------------------------- L J. 9'-1 CLG. *%0 CID Vi D.W._ C) ----------- V LOFT VA 9-� X 17.2 9'-1 CLG. BA. 3 1-111C . I LG MAST 0 PORCH ER T1 0� 9'-1 CLG. U- BATH 9'-1" CLG. ...... XV r�r/Tv 2020 F.G. 2020 F.G. LINEN BEDROOM 2 GREAT 102 X100 60 6" 9'-1 CLG. ROOM I r*-4 ) Ln 134 X126 I C1 91 1212 F.G. Ln Cn --I" CLG. I 4-+ 9�-L Vi rn U-i 0 - x C) Ln Ln C� 0 i - a ----------------------- WIM,—IT... 2050 S.H.' 1212 FAUX 1211�2FAUX WDW. WDW. SECOND FLOOR Fl RST FLOOR PLAN 6C TARGET: 1 ,300 SQ. FT. 3 BEDROOMS / 3 BATHS + LOFT FLOOR AREA TABLE FIRST FLOOR 19 148 SQ. FT. SECOND FLOOR 461 SQ. FT. TOTAL LIVING 1 p609 SQ. FT. PORCH 27 SQ. FT. NOTE: SQUARE FOOTAGE MAY VARY DUE TO METHOD OF CALCULATION PLAN 6C Bassenian I Lagom Reflects Modern Prairie Elevation ARCHITECTURE - PLANNING - INTERIORS Copyright 2019 Bassenian I Lagoni Architects T H E H A V E N L Y S C E IN I C 07 . 15 . 22 Apac h e j unction Arizona 0 2 4 8 KEYSTONE 3 3 1 . 2 1070 H 0 M E S -......-...... C 0 E 'T' 0, q 01* - 0i 00 +1 7'� 00 fill" ... ......... 31 REAR FRONT C 114 1*-V* MATERIAL LEGEND A, CONCRETE FLAT TILE IMME ME ; IN 8�' STUCCO C, STUCCO OVER FOAM TRIM D, STONE VENEER E,, DECORATIVE LfGHT FIXTURE F. WINDOWS ——— ———————— ————— —— — — — — — — - - N R�ffl lRV1WfP5i;,1 o o o "Ok ""'O"mat 2 "'""'n'', bi'iwgm� ul ..................... LEFT A -------- --- - - -- > 11 ROOF PLAN C PITCH: +12 KAKE NIA EAVE: 12' ROOF MATERIAL: CONCRETE FLAT TILE ......--------- RIGHT PL AAN 6 Bassenian I Lagoni Modern Prairie Elevation A'SCHITECTU11 - PLANNING # WHIM C.W$n4tf 2021 Banswilat I Lsps Arch"m 07 . 15 . 22 THE HAVENLY SCENIC ----—----------------------------------------------------------------------- Apache junction Arizona 0 2 4 8 KEYSTONE 33 1 . 21070 H 0 M E S 651-011 -�o 1 list 11141 TH BAT 9'- CLG. 9-11, C��G ------------ G ---------- GREAT REAT ROOM ROOM 014 X 015 150 X140 9'-l" CLG. 9'-l" CLG. /D LD L -J -41 L -j DINING INING 9'-l" CLG. 9'-l" CLG. C.0 REF. REF. BEDROOM BEDROOM 4 410 X 912 129 X104 9'-l" CLG. 9'-l" CLG� DECK � 0�0 010 DECK 9'-l" CLG. 010 010 9'-l" CLG. KITCHEN KITCHEN 9'-l" CLG� 9'-l" CLG� DW I D.W. -- — — — — — j L [\PA PJZ F ot 651-011 -�o --------------------------------- ----------------------------- ----- - — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — - - — — — — — — — — — — ---------------------------------------------------------- ----------------------------------------------------------------------- ------------- ------------------------------------------------------------------------ - ----------------------------------------------------------------------- ------------------------------------------------------------------------ MINE — — — — — — — — — - - — — — — — — — — — — — — — — — — T — — — — — — — — — 787 SQ . FF . TARGEF: 750 M. FT. 1 BEDROOM / 1 BATH FLOOR AREA TABLE 1SF FLOOR 99 M. FT. 2ND FLOOR 688 M. FT. CARRIAGE UN IT TOTAL LIVING 787 SQ. FT . Bassenian I Lagom Reflects Spanish Elevation NOTE: SQUARE FOOTAGE MAY VARY DUE TO METHOD OF CALCULATION ARCHITECTURE - PLANNING - INTERIORS Copyflght 2019 Bassenian I Lagod Ard*ects T H E H A V E N L Y S C E N I C 07 . 15 . 22 G i I b e r t Ar i zo na 0 2 4 8 KEY T NE 331 . 21073 H 0 M E S .............. ........... A?,,�',, wg;, 2", V-, '61,19,11, 1, 10 4111111 1 "Al i am!1100 gs',gt, 0� X, "gpyffly' f lsm,0 I M & #yv f I ,Pul:� UAIA' ""k 161, DWN k q .... ...... 7'717' 7-7 A 77 7' T —7 77 ............. LEFT FRONT A 1/4"=1*0 —— ———— —— —— ———— MATERIAL LEGEND A. CONCRETE 'S' TILE B. STUCCO C. DECORATIVE GABLE END DETAIL D. STUCCO OVER FOAM TRIM E. DECORATIVE LIGHT FIXTURE ------------ - -- F. DECORATIVE TILE G. WINDOW H. AWNING ROOF ROOF PLAN A PITCH: 4:12 RAKE: TIGHT EAVE: 12"' ROOF MATERIAL: CONCRETE'S'TILE G a E 0 C �'O WN, Rn J,2, 1V 6� "AU C11 P4 ............... A �KN�ill,�'I'l"��ll""�'I'l,""",""",!,,�,,,,,,,"""�""",",,,�,',,�,,,',,�,,',,,,""�i"""�,,�,��l",�� ......... ................. 4"" ��W�6 RIGHT REAR Bassenian I Lagoni C A R R I A G E N I T ARCHITECTURE - PLANNING - INTERIORS Copyright 2019 Bassenian I Lagorri Architects T H E HAVENLY SCENIC 07 . 15 . 22 G I I b e r t Arizona 0 2 4 8 KEYSTONE 33 1 . 2 1073 H 0 M E S !WK, EYSTONE H 0 M E S --...---.......-- THE HAVENLY SCENIC APACHE JUNCTION DIGITAL COLOR BOARDS 8/5/2022 Bassenian I Lagoni ARCHITEVURE - PLANNING - INTMORS THE HAVENLY SCENIC !UK EYSTONE 4 APACHEJUNCIION Bassenian � Lagoni COLORSELECTON CHART ROOF. EAGLE Aug 5,2022 PAINT SHERWIN WILLIAMS STONE E-DORADO OR SIMILAR WALLTILES.ARIZO NA TILE C B\A ENTIN E RETRO & PO S4 https//www�-arizonaUle corn/en/ rwductslpo��� TILEGIROUT.CUSTOM BUILDING PRODUCTS-#10ANTIQUIEWHITE SIC HEM ES 1-4 AFE'A' ELEVATIO ISIS SCHEMES5-8 AFEVELEVATONS; I CONTEIVIPORARY SPANISH MODERN PRAIRIE SCHEME# 1 2 3 4 5 6 7 8 FASCIA, EAVES, SW 7046 SN 7040 SW 7034 SW 7510 SN 6075 SW 7026 SN 7520 SW 7068 HEADERS� BEAMS, ANONYMOUS SM 0 KEHO USE STATUSBRONZE CHATEAU BROWN GARRETGRAY G RIFFIN PLANTATION G RIZZLE G RAY POSTS&GARAGE SHUTTERS DOORS TRIM SN 6148 SN 7532 SN 7548 SN 2827 SN 6075 SN 7026 SN 7520 SN 7068 WOOLSKBN URBAN PUTTY PO RTC 0 COLONIAL REVIVAL GARRETGRAY G RIFFIN PLANTATION G RIZZLE G RAY STO N E SHUTTERS SHUTTERS&ENlW SW 9140 SN 6090 SW 6194 SW 0032 SN 6235 SW 6230 SN 6208 SW 2838 DOORS BLUSTERY S(Y JAVA BASIL NEEDLEPOINTE NAVY FOGGYDAY RAINSTORM PEWTER G REEN POLISHED MAHOGANY BASESTUCCO SN 7566 SN 7564 SN 7529 SN 9111 SN 7565 SN 6157 SN 7538 SN 7633 WESTHIGH LAND POLARBEAR. SAND BEACH ANTLERVELVET OYSTER BA R FAVORITETAN TAMARIND TAUPETONE WHITE SIDING ------------------- ------------------- ------------------- ------------------- ------------------- ------------------- ------------------- ------------------- WALLTILES CEI\AENTINE CEMENTINERETRO 3 CEI\AENTINE C EI\A ENTIN E PO Si\4 ------------------- ------------------- ------------------- ------------------- RETRO 1 PO SO, 1 STONE ------------------- ------------------- ------------------- ------------------- BIRC H IRON MILL WHITE ELM ZINC (DRYSTACK) LEDG EC UTT33 EUROPEAN LEDGE VANTAGE30 EUROPEAN LEDGE 'S' ROOFTLE 3680 3636 3680 3636 ------------------- ------------------- ------------------- ------------------- FLATTILE ------------------- ------------------- ------------------- ------------------- 4602 4502 4502 4602 WINDOWFRAME TA N TA N TA N TA N TA N TA N TA N TA N G UTTERS& BRONZE BRO N ZE BRONZE M U&<ET BRO N ZE BRONZE BRO N ZE BEAVERBROWN DOWNSPOUT SCHEME1 ' A ' CONTEMPORARY SPANISH ELEVATIONS Is, ROOF EAGLE ROOF - 3680 ------------------------------- MEN FASCIA, EAVES, HEADERS, BEAMS, POSTS & GARAGE DOORS SW 7046 ANONYMOUS MEN SHUTTERS& FRONT ENTRY DOOR SW 9140 BLUSTERY SKY BASE STUCCO TRIM SW 7566 WESTHIGHAND WHITE SW 6148 WOOL SKEIN ............ .............-....... ............... ..... WALL TILES THE HAVENLY SCENIC K EYSTON E 8amnion Lagoni APACHE JUNCTION SCHEME 2 ' A ' CONTEMPORARY SPANISH ELEVATIONS IS, ROOF EAGLE ROOF - 3636 ---------- ............... ------ NINE FASCIA, EAVES. HEADERS, BEAMS, POSTS & GARAGE DOORS SW 7040 SMOKEHOUSE mooll SHUTTERS& FRONT ENTRY DOOR SW 6090 JAVA BASESTUCCO TRIM SW 7564 POLAR BEAR SW 7532 URBAN PUTTY ............... .............. WALL TILES THE HAVENLY SCENIC yll K F�'YS T 0 N E APACHE JUNCTION SCHEME 3 ' A ' CONTEMPORARY SPANISH ELEVATIONS 'S' ROOF EAGLE ROOF - 3680 Iloilo FASCIA, EAVES, HEADERS, BEAMS, POSTS & GARAGE DOORS SW 7034 STATUS BRONZE milli SHUTTERS& FRONT ENTRY DOOR SW 6194 BASIL BASE STUCCO TRIM SW 7529 SAND BEACH SW 7548 PORTICO WALL TILES THE HAVENLY SCENIC K E Y�S T 0 N E saneftia"i tagoni APACHE JUNCTION SCHEME 4 ' A ' CONTEMPORARY SPANISH ELEVATIONS 4S' ROOF EAGLE ROOF - 3636 ----------------- ............... -------- loom FASCIA, EAVES, HEADERS. BEAMS. POSTS & ........ CARAGE DOORS NNII SW 7 5)0 CHATEAU BROWN SHUTTERS& FRONT ENTRY DOOR SW 0032 NEEDLEPOINTE NAVY iT SASESTUCCO TRIM SW 9111 ANTLER VELVET SW 2927 CONLONIAL REVIVAL STONE ............... g�g WALL TILES THE HAVENLY SCENIC lffi'KEYSTONE Bassenian Lapni 0 0 0 1 APACHE JUNCTION Aft,01f3 N"t�hU."34�"'W"ft"04 SCHEME 5 ' C ' MODERN PRAIRIE ELEVATIONS FLAT ROOF EAGLE ROOF - 4602 ------------- ------ NINE FASCIA. EAVES, HEADERS, BEAMS, POSTS, TRIM & GARAGE DOORS SW 6075 GARRET GRAY MEN SHUTTERS& FRONT ENTRY DOOR SW 6235 FOGGY DAY BASE STUCCO SW 7565 OYSTER BAR ................ ............................ ...................... .......... STONE THE HAVENLY SCENIC K"F.YSTONE APACHE JUNCTION SCHEME 6 ' C ' MODERN PRAIRIE ELEVATIONS FLAT ROOF EAGLE ROOF - 4502 ............ ............. loom FASCIA, EAVES, HEADERS, BEAMS, POSTS, TRIM & GARAGE DOORS SW 7026 GRIFFIN Imilm SHUTTERS& FRONT ENTRY DOOR SW 6230 RAINSTORM BASF-STUCCO SW 6157 FAVORITE TAN 11111111-1 111-111111-11- ............. STONE THE HAVENLY SCENIC ll,,,'K KY S T 0 N E tagoni 10 04 t 5 APACHE JUNCTION SCHEME 8 ' C ' MODERN PRAIRIE ELEVATIONS FLAT ROOF EAGLE ROOF -- 4602 NINE FASCIA. EAVES, HEADERS. BEAMS, POSTS, TRIM & GARAGE DOORS SW 7068 GRIZZLE CRAY 11111 SHUTTERS& FRONT ENTRY DOOR SW 2838 POLISHED MAHOGANY BASESTUCCO SW 7633 TAUPE TONE ............... ................ STONE THE HAVENLY SCENIC K E Y S T 0 N 9 $maniaw tagont APACHE JUNCTION UK*I 9t V11114i 0 Zak Vtt The Havenly Scenic Public Participation Plan 8/8/2022 Keystone Homes intends to follow the prescribed public participation process as outlined below. 1) Public Outreach Plan and Process a. Keystone Homes has put together this Public Participation Plan to introduce the proposed development to the community and to solicit input from the neighbors. The plan defined below will effectively communicate how this project will integrate and respond to the City of Apache Junction's housing demands while being in line with the City's adopted General Plan. This proposed Public Participation Plan, in conformance with the requirement as defined by the City's Rezoning Application, Checklist and Process will begin after staffs approval. 2) Public Notification a. Keystone Homes will utilize several methods to solicit input and facilitate public involvement. The subject site will be posted with readily visible notification signage in accordance with City of Apache Junction's standards.The site posting will take place after staff approval and will clearly notify residents of the upcoming proposed rezoning action. b. Keystone Homes has sent via U.S. Mail notification to all landowners within 300' of the boundary of this proposed project, in accordance with State Statutes and City of Apache Junction requirements. See attached exhibit A illustrating which landowners will be sent notification of proposed zoning action. c. In addition to reaching out to the minimum number of residents, Keystone Homes has broadened the outreach efforts by connecting with neighbors beyond the required 300' to be sure we properly inform and solicit input from all impacted residents. See attached exhibit A)illustrating the neighbors we plan to communicate with outside of the 300' foot requirement. Keystone Home will also notify nearest school district(s) and neighboring HOAs. d. Documents prepared by Keystone Homes illustrating how this development will look, function and integrate with the community were distributed to the required landowners withing 300' of the subject property as required by the Zoning Application. This information has also been offered to residents that we reach out to beyond the 300' radius and anyone else that is interested in learning about our community. All documents shared or distributed will be consistent with the materials submitted to the City of Apache Junction. 3) Neighborhood Meeting a. At the time of the site posting and after notification has been sent to the required landowners a neighborhood meeting will be scheduled to create a forum for interested parties and neighbors to learn about the project and will have the opportunity to ask questions and provide input. This neighborhood meeting is scheduled on 8/17/2022 from 6 PM to 8 PM at the Apache Junction Multigenerational Center in the Art Room RI 19. Letters inviting neighbors to attend the meeting was mailed on 8/2/2022 to allow for enough time for neighbors to plan accordingly to attend. This will be an in-person meeting. b. Keystone Homes will document the attendance and feedback received from the neighbors and summarize what was shared and discussed. 4) Community Input a. Input from the neighbors and community will be encouraged through all the efforts required and the additional outreach by Keystone Homes. The extra effort to go beyond the minimum will ensure the community is properly informed of our project and to provide an opportunity for the neighbors to share their thoughts of the planned development. 5) Final Report a. Keystone Homes will complete a final report that will summarize all the steps taken to notify the community and provide a detailed list of specific comments and input received during the Public Participation process. The report will also provide detailed responses offered by Keystone Homes for staff consideration. ��KT��`�� �� ��� �����k���� �� P.A.v���.��� 0�� ���~=�=.n~��^������� JK J�� 1850 N. Centr@l Ave,, Ste. 1700 Phoenix, Arizona 85004 (602) 234_8794 bray@bcatN0rneys.co00 TO: Superstition Boulevard and Colt Road Area Neighbors FROM: Brennan Ray DATE: August 2, 7D27 RE: KeystooeHoroea—The Hoveoly Scenic Case No. P-22-4l IN PERSON NEIGHBORHOOD MEETING NOTICE Dear Area Neighbor: On behalf of Keystone Homes("Keystone"),you are cordially invited to a neighborhood meeting regarding a proposed Rezoning application for approximately 14.1 gross acres oo property located at the southwest corner uf Superstition Boulevard and Colt Road (tile "Site") for the development of a high-quality, single- family style, rental residential community known as "The Buven|y Scenic." The Buvcn|y Scenic will he adjacent to Keystone's recently approved"The Havenly Superstition"community located at the southwest corner of Superstition and Royal Palm. /\n Aerial Map of the Site with The Buvcn!y Scenic outlined ia attached. The 8uvcn|y Scenic will continue the high bar established by Keystone in the area with The 8avcnly 8upcmhdnn, with comup|emnentary honor designs, rural 1henming, theme vvo||o, and landscape design. The Site is located within the Downtown Planning Area nf the City`m General Plan. Keystone anticipates developing the Site aaa high-quality community that is attractively designed, lushly landscaped, and will offer u new and diverse living opportunity in the Downtown Redevelopment Area. The Bnveo|y Scenic is u gated community that will consist of approximately 150 n:oidcuuem at u d000ih/ of approximately 11.2 du/»vosxmo.(12.1+du/netau.). The development plans for the Site incorporate open spaces,amenities,and a visual cohesiveness of landscape and architectural elements to create a high-quality development. The community's design and architectural plans portray auextraordinary sense ofcommunity, compatibility, mum\ainubi|ity, and architectural quality coonnnensuratc with the high-quality established by Keystone throughout its other communities in the Valley. A copy of the Illustrative Site Plan, sample Building Elevations,and Renderings are attached. Along with this rezone application for"Tile Bavcn|y Scenic" KmYabon* Homes will be submitting for an amendment to modify the stipulation # 5.3 within the approved ordinance 1510 Couc P-21-73-PZ to dedicate 25 feet of Colt Rd. This dedication of the Colt Rd. right-of-way would not need be needed bused on the inmpnowconcntu for The 8avmn|y Scenic. The neighborhood meeting will be held at the following location, and you will bc able to ask questions during the meeting. Wednesday,August 17,2022 at 6:00 p.m. Apache Junction Multi-Generational Center &035N, Idaho Road,Room R889 Apache Junction,AZ05889 It'vou have questions regarding the development,you may contact Jeff King at Keystone Homes(480-428- 16(')l x1017 / ikiiig,,'��,,keystoiielioniesaz,cotii Or me at BUI-CI1 & Craccfiiolo (602-2.34-8794 / bi-itN,,,"�-t,,'bcattortieN,�,.coiii). You can also contact Nicholas Leffivich. City Planner at the City of' Apache hinction (480-474-8575 nlellmich( tl)iicllt.,_it,ijictioiiaz.gov) il'YOU have any question f'or Staff. Thank you, /fU Brennan Ra� Attachments PINAL COUNTY Pinal CountyAssessor Parcel Viewer - Assessor Douglas J, Wolf Poal Cou,*y Avovs",% VO 8-Tto P N,p"*U p—,"C-11Y do-r,'3 Mt—�W,t.14.—1-1,11 M�d.U�O'I,.,n,4 AIrI,,I­, r","f al a 6".��w *qm PIW*111�AZ�111 I I., eV�,—pt".m— 1-4-4 It. t1t,$04 WI Site Summary: Am Uwbti.w N'WA A.q.4.d� U.It M.� f4 Spm f MA 41 674 1 aO--� 0 10 SpAm�29R 81 462 2 Bd,o— of T�t H..o� G—S-A— 14A A—� 2A Sp..13BK 32 64 3 ud,-., 32 i2o 3%) N�I tnZ SPIMMAJ 33(20,9%) G—D.-q t 10 H—�,",A�,o T.W R"-4 '291's Uul Ise Mo 3 fl,072 SORMA) 39(14,1%) 294 I'M 4(095 SUMMA) MOM) NoSOA— �tO,IA—, p"l P—'&d' Pl-5 11,246 SWBWMA� 8(5,1%) N�D—ky 111 H..—p.,,k,. G�g.sp—, - 10 t—) Pi-6(1,145 SPIMMA) 5 J3.1%) C�'P.q sp". 432 sq—Fmzo t"S'332sp M.4X�1 A 10 SF1204BA) 18�I f 4%1 U'.O—dspl— 03 M-7(13911SF389.1311A� 24 OS 2%1 T.W P-6.1 295 A,.,p SF tjog sf C—ag.(777SMSPVMA� t 2(76%) T.ul Ise 0-3 P.'k�q R.T. 107A 31 L L ell —14 8 a I ssanion ll�Lago,�i ILLUSTRATIVE SITE PLAN THE HAVENLY SCENIC Ap—i--A,... ITT , T KEYSTONE 1, IT I!, The Havenly Scenic Public Participation Final Report 9/29/2022 Keystone Homes has followed the prescribed public participation process as outlined below. 1) Public Outreach Plan and Process a. During the rezoning process, Keystone Homes put together a Public Participation Plan to introduce the proposed development to the community and to solicit input from the neighbors. The plan effectively communicated how this project will integrate and respond to the City of Apache Junction's housing demands while being in line with the City's adopted General Plan. The Public Participation Plan,in conformance with the requirement as defined by the City's Rezoning Application, Checklist and Process was submitted with the rezoning package application and is now complete. 2) Public Notification a. Keystone Homes utilized several methods to solicit input and facilitate public involvement. The subject site was posted with readily visible notification signage in accordance with City of Apache Junction's standards. The site posting took place after staff approval and clearly notified residents of the proposed rezoning action. b. Keystone Homes sent via U.S. Mail notification to all landowners within 300' of the boundary of this proposed project, in accordance with State Statutes and City of Apache Junction requirements. See attached exhibit illustrating which landowners were sent notification of proposed zoning action. c. In addition to reaching out to the minimum number of residents, Keystone Homes broadened the outreach efforts by connecting with neighbors beyond the required 300' to be sure we properly informed and solicited input from all impacted residents. See attached exhibit illustrating the neighbors we communicated with outside of the 300' foot requirement. Keystone Home also notified the nearest school district. d. Documents prepared by Keystone Homes illustrating how this development would look, function and integrate with the community were distributed to the required landowners withing 300' of the subject property as required by the Zoning Application. This information has also been offered to residents that we reach out to beyond the 300' radius and anyone else that was interested in learning about our community.All documents shared or distributed were consistent with the materials submitted to the City of Apache Junction. 3) Neighborhood Meeting a. A neighborhood meeting was held on 8/17/2022 from 6 PM to 8 PM at the Apache Junction Multigenerational Center in the Art Room RI 19. This was an in-person meeting. Letters inviting neighbors to attend the meeting was mailed on 8/2/2022 to allow for enough time for neighbors to plan accordingly to attend. This was a forum for interested parties and neighbors to learn about the project and will have the opportunity to ask questions and provide input. b. Keystone Homes documented the attendance and feedback received from the neighbors. See the attached notes summarizing what was shared and discussed. 4) Community Input a. Input from the neighbors and community was encouraged through all the efforts required and the additional outreach by Keystone Homes. The extra effort to go beyond the minimum ensured the community was properly informed of our project and to provide an opportunity for the neighbors to share their thoughts of the planned development. 5) Final Report a. Keystone Homes has now completed this final report that summarized all the steps taken to notify the community and provide a detailed list of specific comments and input received during the Public Participation process. Please refer to the neighborhood meeting notes showing detailed responses offered by Keystone Homes for staff consideration. 8/17/2022 NEC Scenic Street and Winchester Road (Havenly Scenic) Neighborhood Meeting Attendees Jeff King, Keystone Homes Chris Hundelt, Keystone Homes Nicholas Leftwich, City of Apache Junction Brennan Ray, Burch &Cracchiolo Madison Leake, Burch &Cracchiolo Neighbors Tim Sheahan Barbra McAllister Introductions and Overview 0 Phase one, "Havenly Superstition"was approved 12/21 0 Now seeking approval for phase two, "Havenly Scenic" 0 This development is 100%consistent with and supported by the goals and policies of the General Plan 0 The General Plan encourages higher density housing in the Downtown Area, where the development is located 0 The zoning is currently RS-GR (general rural low density) and RM-2 (high density multiple-family residential) 0 Requesting a rezone to RM-2 0 158 residences, 11.2 du/ac, 39%open space, I and 2 story residences 0 8 floor plans consisting of 1, 2, and 3 bedroom units ranging from 722—1,609 sq ft 0 There will also be some carriage units with garages located directly underneath the residence 0 303 parking spaces provided, 294 required 0 There will be a connection for pedestrians and golf carts between Havenly Superstition and Havenly Scenic 0 Access to Havenly Scenic will be on Superstition and Scenic 0 Similar design as the first phase and will continue to be high quality 0 Lower than what could be built under the General Plan or Proposed zoning 0 Similar stipulations to the first phase 0 Process • Filed application August 8 th • Neighborhood meeting August 17 th • Planning&Zoning and City Council have not yet been scheduled Questions,Answers,and Comments 1' Where are the entrances/exits the A. Superstition and Scenic 2. What would a one-bedroom rent for? B. Approximately$1,400'1,500 3' What would a two-story unit rent for? C. Approximate|yS2,GOO 4' What parking is provided for residents? D. We exceed the required parking S. How will this affect nearby property values? E. Another neighbor commented that property values are higher than ever in the area 6' Question/comment regarding water/services F. Keystone is responsible for putting in the infrastructure including water, sewer,gas, ect for this development 7, Concern with traffic on Scenic St G. VVe don't have a traffic study yet, but vve will have one. End ofmeeting. AFFIDAVIT OF SIGN POSTING The undersigned Applicant has complied with Apache Junction's posting requirements for Case # ----------- located 1 &EC Colt Rd&Superstition Blvd on /23/22 See attached photo exhibit. For applicant: �Burch & Cracchiolo 1 Dvnamite Si2ns. Inc. Sign Con V am Sign n any AepWtative Subscribed and sworn to be on IN WITNESS WTMREOF, I Hereto set my hand and official seal. In r4 MARYBETH COMMAD c-Arizona Kk Notary Pubil CD� /Q� �'Pu pa Ut Notary Public V Maricopa County o #591 Commission#591461 ,WIT'l MY COM Expire E M.:s Oct 25,2024 My Commission expires: un ...................... J ,c1l"Iti,oh BLIC D �G""Clo , Of TIM Q: Ni "I'l""I'll""I'll'll""I���......................... Apache Junctio,o *Maps 'tion ,P: ,ju ,U Ic N'D NING'Commil 1,,� :20292 X , .......... MBER14511 ' 89 'P S, L CANT KE SRE 7 N, #*,,,BRE, 00 Ev, E� 3 8 Al� f O'N' EST HAVOO Ily"SpoemOtion"�P'14�40�vsv'i g",th' dodkAbn and Im 44� g ---d", 7 Onto SO Apache Junction* .......... *Maps ORDINANCE NO. 1530 AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, APPROVING A REZONING BY PLANNED DEVELOPMENT AS DESCRIBED IN CASE P-22-88-PZ, AS REQUESTED BY KEYSTONE HOMES; ADOPTING BY REFERENCE THAT CERTAIN DOCUMENT ENTITLED "LEGAL DESCRIPTIONS AND ZONING CONDITIONS OF CASE NO. P-22-88-PZ AUTHORIZED UNDER ORDINANCE NO. 1530" REPEALING ANY CONFLICTING PROVISIONS; AND PROVIDING FOR SEVERABILITY. WHEREAS, Keystone Homes, represented by Brennan Ray of Burch & Cracchiolo, P.A, submitted for a rezoning by planned development to approve the use of a 158-unit leased residential community known as "The Havenly Scenic" on the properties described in this case P-22-88-PZ; and WHEREAS, on October 11, 2022, the Apache Junction Planning and Zoning Commission held a public hearing and voted 5-1 to recommend approval of rezoning case P-22-88-PZ, subject to the conditions prescribed therein; and WHEREAS, the city council hereby determines that the proposed rezoning by planned development request conforms to all of the general criteria as specified in Apache Junction City Code, Volume II, Land Development Code, Chapter 1 : Zoning Ordinance, Article 1- 4 : Zoning Districts, Section 1-4-3, Planned Development ("PD") Overlay District, and Article 1-5 : Zoning Bulk and Use Regulations (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 natural environments in the city; and WHEREAS, pursuant to A.R. S . § 9-462 . 01 (J) , the city council, before adopting any zoning ordinance or text amendment of general applicability, shall consider the probable impact the proposed zoning ordinance or text amendment would have on the cost to construct housing for sale or rent; and WHEREAS, the city council has determined the adoption of this ordinance will have no negative impact on the cost to construct housing for sale or rent as delineated under A.R. S . § 9-462 . 01 (J) ; and ORDINANCE NO. 1530 PAGE 1 OF 3 WHEREAS, A.R. S . § 9-802 permits municipalities to enact the provisions of a code or public record theretofore in existence without setting forth such provisions in full text as long as the adopting ordinance is published in full text and at least one paper copy of the code changes or public record are filed in the office of the clerk of the municipality and an electronic copy is accessible on the city' s website and made available for public inspection. NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF APACHE JUNCTION, ARIZONA, AS FOLLOWS : SECTION I IN GENERAL 1 . That the rezoning as recommended by the planning and zoning commission for case P-22-88-PZ, is approved with conditions incorporated by reference in number 2 below. 2 That certain document entitled "Legal Descriptions and Zoning Conditions of Case No. P-22-88-PZ Authorized under Ordinance No. 1530, " one paper copy and one electronic copy which are accessible on the city' s website and filed in the office of the city clerk, which document was made a public record by Resolution No. 22-43 of the City of Apache Junction, is hereby referred to, adopted and made a part hereof as if fully set out in this ordinance, pursuant to A.R. S . § 9-802 . SECTION II REPEALING ANY CONFLICTING PROVISIONS : All ordinances and parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. SECTION III PROVIDING FOR SEVERABILITY: If any section, subsection, sentence, phrase, clause or portion of this ordinance is for any reason held to be invalid or unconstitutional 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 15TH DAY OF NOVEMBER, 2022 . SIGNED AND ATTESTED TO THIS DAY OF f 2022 . ORDINANCE NO. 1530 PAGE 2 OF 3 WALTER "CHIP" WILSON Mayor ATTEST: JENNIFER PENA City Clerk APPROVED AS TO FORM: RICHARD JOEL STERN City Attorney ORDINANCE NO. 1530 PAGE 3 OF 3 LEGAL DESCRIPTIONS AND ZONING CONDITIONS OF CASE NO . P-22-88-PZ AUTHORIZED UNDER ORDINANCE NO . 1530 . A) The mayor and council passed Ordinance No . 1530 on November 15, 2022, which approved the rezoning by planned development of the eight parcels located at the southwest corner of E . Superstition Boulevard and N. Colt Road, Apache Junction, Arizona, legally described as follows : Parcel No. 1 (APN 101-19-0070) : The East half of the Southwest quarter of the Northeast quarter of the Northwest quarter of Section 21, Township 1 North, Range 8 East of the Gila and Salt River Base and Meridian, Pinal County, Arizona; Except all coal, oil, gas and other mineral deposits, as reserved unto the United States of America in the patent of said land; and Parcel No. 2 (APN 101-19-006A) : The South half of the South half of the West half of the Southwest quarter of the Northeast quarter of the Northwest quarter of Section 21, Township 1 North, Range 8 East of the Gila and Salt River Base and Meridian, Pinal County, Arizona; Excepting therefrom all coal, oil, gas and other mineral deposits as reserved in the United States patent recorded in Docket 781, Page 102, records of Pinal County, Arizona; and Parcel No. 3 (APN 101-19-006C) : The South half of the North half of the West half of the Southwest quarter of the Northeast quarter of the Northwest quarter of Section 21, Township 1 North, Range 8 East of the Gila and Salt River Base and Meridian, Pinal County, Arizona; Excepting therefrom all coal, oil, gas and other mineral deposits as reserved in the United States patent recorded in Docket 181, Page 102, records of Pinal County, Arizona; and Parcel No. 4 (APN 101-19-006B) : The North half of the North half of the West half of the Southwest quarter of the Northeast quarter of the Northwest 2 quarter of Section 21, Township 1 North, Range 8 East of the Gila and Salt River Base and Meridian, Pinal County, Arizona; Excepting therefrom all coal, oil, gas and other mineral deposits as reserved in the United States patent recorded in Docket 181, Page 102, records of Pinal County, Arizona; and Parcel No. 5 (APN 101-19-006D) : The North half of the South half of the West half of the Southwest quarter of the Northeast quarter of the Northwest quarter of Section 21, Township I North, Range 8 East of the Gila and Salt River Base and Meridian, Pinal County, Arizona; Excepting therefrom all coal, oil, gas and other mineral deposits as reserved in the United States patent recorded in Docket 181, Page 102, records of Pinal County, Arizona; and Parcel No. 6 (APN 101-19-003F) : The East half of the Northeast quarter of the Northwest quarter of the Northeast quarter of the Northwest quarter of Section 21, Township 1 North, Range 8 East of the Gila and Salt River Base and Meridian, Pinal County, Arizona; Except the East 25 feet thereof; and Except a 20 foot by 20 foot cutoff, more particularly described as follows : Beginning at the northeast corner of the Northeast quarter of the Northwest quarter of the Northeast quarter of the Northwest quarter of Section 21; Thence West (assumed) a distance of 45 feet; Thence South (assumed) a distance of 33 feet to the true point of beginning; Thence East (assumed) a distance of 20 feet; Thence South (assumed) a distance of 20 feet; 3 Thence continuing in a Northwesterly (assumed) direction, approximately 28 . 28 feet to the true point of beginning; and Except all coal, oil, gas and other mineral deposits as reserved in the patent from United States of America; and Except that portion conveyed to the State of Arizona, by and through its Department of Transportation, recorded in Recording no. 2017-11024, records of Pinal County, Arizona; and Parcel No. 7 (APN 101-19-003D) : The South half of the Southeast quarter of the Northwest quarter of the Northeast quarter of the Northwest quarter of Section 21, Township 1 North, Range 8 East of the Gila and Salt River Base and Meridian, Pinal County, Arizona; Except all coal, oil, gas and other mineral deposits as reserved in the patent from United States of America; and Parcel No. 8 (APN 101-19-003A) : The North half of the Southeast quarter of the Northwest quarter of the Northeast quarter of the Northwest quarter of Section 21, Township 1 North, Range 8 East of the Gila and Salt River Base and Meridian, Pinal County, Arizona; Except all coal, oil, gas and other mineral deposits as reserved in the patent from United States of America. B) The approval is subject to the following zoning conditions : 1) The development shall reflect substantial compliance and consistency with the city' s Zoning Ordinance and the Planned Development presented with case P-22-88-PZ, incorporated by reference herein, and as otherwise specified through these conditions of approval, to include general layout, elevations, lot sizes, setbacks deviations, public and private rights-of-ways, pedestrian trails, amenities, perimeter and interior lot separation walls, model types, landscaping and other improvements . 4 2) Landscape, screening and irrigation improvements, planted within a minimum 10-foot deep strip inside the net property line (but outside of required walls) along the west, north, and south perimeters of the property, shall be provided in compliance with the city' s landscape and screening requirements contained in Apache Junction City Code, Volume II, Land Development Code, Chapter 1, Zoning Ordinance, Article 1-8, Landscape Regulations . All required trees shall be 24" box and all required shrubs shall be 5-gallon in size and a decorative 6-foot-tall fence shall be constructed. 3) The minimum front setback and the minimum rear setback for main structures be reduced from 20 feet to 10 feet . 4) Street improvements include but not necessarily limited to, extension of pavement and the provision of sidewalk, curb, gutter, streetlights, underground utilities, fire hydrants, landscaping shall be required as part of this planned development project, and subject to review and approval by the City Engineer. 5) The following right of way dedications shall be made : 1 . The E. Scenic Street Federal Patent Easement comprising the south thirty-three feet (33' ) of the subject site shall be dedicated as public right-of-way. 2 . The N. Winchester Road Federal Patent Easement comprising the west thirty-three feet (33' ) of the subject site shall be dedicated as public right-of-way. 3 . A 20 foot by 20 foot triangular corner cut-off visibility triangle shall be dedicated as public right- of-way at the intersections of E. Scenic Street and N. Winchester Road. 6) The proposed development will not be age-restricted. 7) All common areas and amenity areas 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 property owner. 8) The developer' s engineer shall meet the civil engineering improvement plans and document requirements, as outlined in the previously provided pre-application and review 5 comments and in accordance of the city' s approved engineering standards that are in effect at the time of plan submittal . 9) Following the approval of the rezoning, the eight parcels, Parcels 101-19-003F, 101-19-003A, 101-19-003D, 101-19- 006B, 101-19-006C, 101-19-006D, 101-19-006A, and 101-19- 0070, shall be combined into one parcel, the "Havenly Scenic development parcel, " through the city' s lot combination process . 10) As the developer has proposed to incorporate existing N. Colt Road right-of-way and roadway easements into the proposed developed area of the Havenly Scenic, the developer shall pursue the relevant procedures to have the relevant Colt Road right-of-way abandoned and the Colt Road roadway easements extinguished and have said portions of land conveyed and combined to the Havenly Scenic development parcel . 11) As the developer has proposed to incorporate the west twenty-five feet (25' ) of parcels 101-19-002B and 101-12- 0080 into the proposed developed area of the Havenly Scenic, the developer shall pursue the relevant procedures to convey this portion of land to the Havenly Scenic development parcel . 12) Any major deviation or proposed changes from the original plans associated with this case will require a major PD amendment . 6 City ofApache Junction Development Services Department PLANNING AND ZONING COMMISSION PUBLIC HEARING STAFF REPORT DATE: October 11, 2022 CASE NUMBER: P-22-88-PZ "The Havenly Scenic" OWNER: Keystone Homes APPLICANT: Chris Hundelt of Keystone Homes represented by Brennan Ray of Burch & Cracchiolo, P.A. REQUEST: Proposed planned development rezoning of 14 . 1 acres to RM-2/PD to approve and facilitate the development of a 158-unit leased residential community. LOCATION: The properties are generally located near the Southwest corner of E . Superstition Boulevard and N. Colt Road. GENERAL PLAN/ ZONING DESIGNATION: Downtown Mixed Use; Currently zoned RS-GR & RM-2 . SURROUNDING USES: North: PI (Public Institutional) & RS-GR (General Rural Low Density Single-Family Detached Residential) vacant state land; South: Superstition Village Manufactured Home Park (MHP) ; East: RS-GR Single-Family Residences, RM-2/PD ("High Density Multiple-Family Residential by Planned Development") ; West: RS-GR vacant property, B-1 (General Commercial) vacant property, Pinal County Retention and Park land, zoned B-3 City Center & RS-GR. BACKGROUND "Tbe Havenly Scenic"Case P-22-88-PZ October 11,2022 Planning and Zoning Commission Staff Report The proposed planned development rezoning is generally located near the Southwest corner of E. Superstition Boulevard and N. Colt Road. The subject area comprises eight (8) parcels totaling 14 . 1 gross acres (13 . 1 net acres) . Five of the properties identified in this rezoning (101-19-006B, 101-19-006C, 101-19- 006D, 101-19-006A, and 101-19-0070) have all historically been vacant with no development history, while the remaining three parcels (Parcels 101-19-003F, 101-19-003A, 101-19-003D) are currently occupied with manufactured homes . The applicant, Keystone Homes, previously acquired the 14 . 77 acres immediately east of the subject site and received development plan approval to construct a one-hundred sixty-six (166) unit multi-family residential rental community as the Planned Development Rezoning Case P-21-73-PZ in 2021 . The applicant has since formally expressed interest in the noted parcels for the purpose of developing a separate and unconnected one hundred fifty-eight (158) unit leased residential community designed with a complimentary and consistent style . PROPOSALS P-22-88-PZ is a proposed planned development rezoning of eight parcels in order to facilitate the development of a one-hundred fifty-eight (158) unit, "single-family style" leased community. Parcels 101-19-003F, 101-19-003A, 101-19-003D, 101-19-006B, 101- 19-006C, 101-19-006D, and 101-19-006A (a total of 9 . 1 gross acres) are currently zoned RS-GR ("General Rural Low Density Single-Family Detached Residential") , and Parcel 101-19-0070 (a total of 5 acres) is currently zoned RM-2 ("High Density Multiple-Family Residential") . All of the subject area is proposed to be rezoned to RM-2/PD ("High Density Multiple-Family Residential by Planned Development") . The development will primarily be composed of single-family type homes, with some duplexes and carriage units . The Planned Development (PD) will be utilized to adopt the proposed development plan and incorporate the plans into the zoning of the property. As part of the PD, two deviations to the typical RM-2 Bulk Standards have been requested: • A reduction of the Minimum Front Building Setback from twenty feet (20' ) to ten feet (10' ) . • A reduction of the Minimum Rear Building Setback from twenty feet (20' ) to ten feet (10' ) . Because the development proposal includes all three (3) of the residential properties that are currently served by Colt Road "Tbe Havenly Scenic"Case P-22-88-PZ October 11,2022 Planning and Zoning Commission Staff Report and the applicant has proposed the abandonment of Colt Road to incorporate this land area into the developed area. Additionally, the twenty five foot (25' ) wide section along the west edge of the neighboring parcels (101-19-002B and 101-12- 0080) that was to be dedicated to the expansion and improvement of Colt Road, as required by Ordinance No. 1518 in the Planned Development Rezoning Case P-21-73-PZ "The Havenly Superstition, " is also proposed to be incorporated into the development area, as is indicated in Exhibit 3 "Side-by-Side Site Plans" . This change to no longer dedicate and improve this section of Colt Road and to utilize the area as part of the Havenly Scenic development requires an amendment to Ordinance No . 1518, which is being processed concurrently to this case as P-22-89-PZ . In order for the Colt Road land and the portions of Parcels 101-19-002B and 101-12-0080 that are proposed be developed as part of the Havenly Scenic is to be included, the developer must also pursue the relevant procedures to have the relevant right- of-way abandoned and easements extinguished and have said portions of land conveyed and combined to the Havenly Scenic parcel . PLANNING STAFF ANALYSIS Relationship to General Plan: The subject site is designated by the city' s General Plan as part of the "Downtown Redevelopment Area", and is categorized for "Downtown Mixed Use, " which supports residential densities up to 40 dwelling units per acre . The proposed density of 11 . 2 units per gross acre (12 . 1± du/net ac. ) does not require a General Plan Amendment. The Apache Junction General Plan 2020-2050 provides specific policies and goals defining development patterns within the city at-large, and more specifically within the Downtown Redevelopment Area. In review of case P-22-88-PZ, staff believes this proposed development plan and rezoning complies with the General Plan by meeting the following General Plan Goals : • Goal 3 . 2 - Diversify housing stock and neighborhoods by incorporating a variety of housing types and associated values to allow for a diverse demographic of residents . • Goal 3 . 3 - Maintain and attract a quality housing stock in condition, design, and construction standards . "Tbe Havenly Scenic"Case P-22-88-PZ October 11,2022 Planning and Zoning Commission Staff Report 3 • Goal 3 . 4 - Incorporate sustainable practices in all housing development. • Goal 4 . 8 - Discourage single-family residential development within the downtown core and encourage high-density development downtown. • Goal 9 . 2 - Plan for an appropriate geographic mix of residential, commercial and recreational uses in the downtown. • Goal 9 . 3 & 11 . 3- Encourage infill development with a variety of housing types . • Goal 11 . 2 - Provide a balance of uses throughout the community. • Goal 11 . 3 - Provide high-density multi-family housing within the downtown area. �14 A"; A C) 0064W p4n 2we Land Use N qQ �-Wwv'­C—nof 0 ca�­"W,j I,UAC Q.,mm"a"d Law rmfttf Rallomm(I Dul 2�,Aq, P1AAvMhhWrW Nnvwntm,2019 Nk WoIm rvmm�Ikewlerow"OV UWAG 144K) IrmwgPWAIM Nab 0-w-41Y R.-Omuol('10 MAC mn) Downtown Mixed Use & Redevelopment Area "The Havenly Scenic"Case P-22-88-PZ October 11,2022 Planning and Zoning Commission Staff Report 4 ZoninglSite Context: The subject 14 . 1 acres are currently surrounded by a variety of zoning designations, however the actual use of the properties in the area have been limited to a manufactured home park to the south and low-density, residential lots to the east. 14 . 77 acres immediately east of the subject site were rezoned to RM-2/PD and approved for a 166-unit multi-family residential development in 2021 . To the west of the subject site are undeveloped commercial properties and a large parcel leased by Pinal County for water retention and park purposes . Across the street, to the north of the subject properties are currently vacant state lands which could be made available for development in the future . Planned Development Zoning: There two (2) Zoning Ordinance deviations being requested as a part of the proposed planned development rezoning. The development standard deviations requested are alterations to the both the Front and Rear Main Structure setbacks from 20 feet to 10 feet. The applicant has provided Findings of Fact addressing the required criteria for considering code deviations, noted below, and staff agrees that the proposed deviations are not detrimental to the health, safety, welfare, or property values of the surrounding properties . Infrastructure Improvements: Two (2) access driveway entrances are proposed for the subject property. The main entrance is proposed to be located on E . Superstition Boulevard, and a resident specific entrance is proposed on E. Scenic Road. Neither driveway will be served by a deceleration lane . The Arizona Department of Transportation has indicated that modifications to their right-of-way would not be permitted, which is where a deceleration lane on Superstition Boulevard would be located. All other necessary on-site and off-site improvements, such as community amenities, water retention, accessible routes, and landscape buffers, will be built at the time of development. Public Input: Neighborhood meeting notification letters were sent from the applicant to all property owners within a 300-foot radius . On August 17, 2022 a neighborhood meeting took place in the Apache "The Havenly Scenic"Case P-22-88-PZ October 11,2022 Planning and Zoning Commission Staff Report Junction Multi-Generational Center. Four (4) neighbors to the development attended the meeting. Questions were asked regarding why development of this density was being encouraged, where access to the community would be provided, what the expected rent rates would be, how the on-site garages were assigned, how the development would affect property values, and how the development would affect traffic in the neighborhood. Staff has not received any contact from neighbors or other residents at the time of this staff report. FINDINGS OF FACT As required by the Apache Junction Zoning Ordinance, a Planned Development request may be approved by the City Council after consideration has been given to three different criteria. The criteria is outlined in the text below: 1 . That a better design cannot be achieved by applying the strict provisions of the underlying zoning district. Applicant Response: The Havenl_y Scenic's better design can be achieved b_y not appl_ying the strict provisions of the existing zoning district. 2 That strict adherence to the provisions of the zoning ordinance is not required in order to ensure the health, safety and welfare of the inhabitants of the proposed development . Applicant Response: The Havenly Scenic's adherence to the strict provisions of the existing zoning district is not required in order to ensure health, safety and welfare of the inhabitants of the development. 3 . That strict adherence to the ordinance is not required to ensure that property values of adjacent properties will not be reduced. Applicant Response: The Havenl_y Scenic's adherence to the strict provisions of the existing zoning district is not required in order to ensure that property values of adjacent properties will not be reduced. "Tbe Havenly Scenic"Case P-22-88-PZ October 11,2022 Planning and Zoning Commission Staff Report 6 PLANNING DIVISION RECOMMENDATION In review of the project proposal, the proposal' s quality, the conditions of the subject site, the General Plan land use designation and the need for downtown housing, Staff is supportive of the proposed rezoning and respectfully recommends to the Commission a favorable recommendation to the City Council, subject to the conditions of approval noted below. As always, Commissioners may recommend changes or additional conditions which they feel will improve the development plan. RECOMMENDED MOTION FOR PLANNED DEVELOPMENT REZONING I move that the Planning and Zoning Commission recommend to the Apache Junction City Council the approval of planned development rezoning case P-22-88-PZ, a request by Chris Hundelt of Keystone Homes for an approximate 158-unit rental residential community to be primarily composed of single-family type homes, with some duplexes and carriage units, to be named The Havenly Scenic, generally located at the southwest corner of Superstition Boulevard and Colt Road, from RS-GR ("General Rural Low Density Single-Family Detached Residential") and RM-2 ("High Density Multiple-Family Residential") to RM-2/PD ("High Density Multiple-Family Residential by Planned Development") subject to the following conditions of approval : 1) The development shall reflect substantial compliance and consistency with the city' s Zoning Ordinance and the Planned Development presented with case P-22-88-PZ, incorporated by reference herein, and as otherwise specified through these conditions of approval, to include general layout, elevations, lot sizes, setbacks deviations, public and private rights-of-ways, pedestrian trails, amenities, perimeter and interior lot separation walls, model types, landscaping and other improvements . 2) Landscape, screening and irrigation improvements, planted within a minimum 10-foot deep strip inside the net property line (but outside of required walls) along the west, north, and south perimeters of the property, shall be provided in compliance with the city' s landscape and screening requirements contained in Apache Junction City Code, Volume II, Land Development Code, Chapter 1, Zoning Ordinance, Ar ticle 1-8, Landscape Regulations . All required trees shall be 24" box and all "Tbe Havenly Scenic"Case P-22-88-PZ October 11,2022 Planning and Zoning Commission Staff Report 7 required shrubs shall be 5-gallon in size and a decorative 6-foot-tall fence shall be constructed. 3) The minimum front setback and the minimum rear setback for main structures be reduced from 20 feet to 10 feet. 4) Street improvements include but not necessarily limited to, extension of pavement and the provision of sidewalk, curb, gutter, streetlights, underground utilities, fire hydrants, landscaping shall be required as part of this planned development project, and subject to review and approval by the City Engineer. 5) The following right of way dedications shall be made : 1 . The E. Scenic Street Federal Patent Easement comprising the south thirty-three feet (33' ) of the subject site shall be dedicated as public right-of- way. 2 . The N. Winchester Road Federal Patent Easement comprising the west thirty-three feet (33' ) of the subject site shall be dedicated as public right-of- way. 3 . A 20 foot by 20 foot triangular corner cut-off visibility triangle shall be dedicated as public right-of-way at the intersections of E. Scenic Street and N. Winchester Road. 6) The proposed development will not be age-restricted. 7) All common areas and amenity areas 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 property owner. 8) The developer' s engineer shall meet the civil engineering improvement plans and document requirements, as outlined in the previously provided pre-application and review comments and in accordance of the city' s approved engineering standards that are in effect at the time of plan submittal . 9) Following the approval of the rezoning, the eight parcels, Parcels 101-19-003F, 101-19-003A, 101-19-003D, 101-19-006B, 101-19-006C, 101-19-006D, 101-19-006A, and "Tbe Havenly Scenic"Case P-22-88-PZ October 11,2022 Planning and Zoning Commission Staff Report 8 101-19-0070, shall be combined into one parcel, the "Havenly Scenic development parcel, " through the city' s lot combination process . 10) As the developer has proposed to incorporate existing N. Colt Road right-of-way and roadway easements into the proposed developed area of the Havenly Scenic, the developer shall pursue the relevant procedures to have the relevant Colt Road right-of-way abandoned and the Colt Road roadway easements extinguished and have said portions of land conveyed and combined to the Havenly Scenic development parcel . 11) As the developer has proposed to incorporate the west twenty-five feet (25' ) of parcels 101-19-002B and 101- 12-0080 into the proposed developed area of the Havenly Scenic, the developer shall pursue the relevant procedures to convey this portion of land to the Havenly Scenic development parcel . 12) Any major deviation or proposed changes from the original plans associated with this case will require a major PD amendment . 4&�k i Prepared by 14icholas Leftwich Associate Planner Attachments : Exhibit #1 - Project Narrative Exhibit #2 - Preliminary Site Plan Exhibit #3 - Side-by-Side Site Plans Exhibit #4 - Neighborhood Zoning Aerial Exhibit #5 - Preliminary Landscape, Wall, and Amenity Plan Exhibit #6 - Elevations and Floor Plans Exhibit #7 - Final Participation Report "Tbe Havenly Scenic"Case P-22-88-PZ October 11,2022 Planning and Zoning Commission Staff Report 9 Rezoning Application for -i ne Havenly Sceni*c Southwest Corner of Superstition Boulevard and Colt Road by: KEYSTONE H 0 M E S - Case No.: P-22-41 Submitted: August 8, 2022 l[ Introduction~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ I - NL Site and Surrounding Area - I - D01, Proposed Rezoning.,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,- 2 - UV. Development Plans 2 - A. Landscaping and Amenities........................................................................................-3- B. Architecture.................................................................................................................-4- C Theme Walls,Entry Gates, and Entry Monument....................................................-5- V. - 5 _ A. _5_ B. _ 6_ q/K Project Team 6 - VKUConclusion ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,- 6 - / THE HAVENLY SCENIC 1. INTRODUCTION Building on the reputation for creating high-quality neighborhoods and communities, Keystone Homes ("Keystone") is the proposed homebuilder for+/-14.1 gross (+/-13.1 net) acres located at the southwest comer of Superstition Boulevard and Colt Road(the"Site"). Keystone is in escrow to acquire the Site and develop it with a unique, innovative, high-quality residential community known as "The Havenly Scenic." The Havenly Scenic will contain 158 single-family style rental residences that will be an attractive presence in the area and provide an alternate housing choice for people. This development will complement the neighboring Keystone Homes Havenly Superstition community by offering some I bedroom but mostly 2 bedroom homes and many of 3 bedroom homes. This community will include multiple 2 story homes thoughtfully spread out to provide great curb appeal and provide additional floor plan offerings to future residents. The Havenly Scenic represents a lifestyle choice, presenting future residents a unique living experience and an alternative housing choice to the traditional options of single-family residences or apartment complexes. These homes will cater to those seeking to live in a vibrant, amenitized environment in a prime location near the City of Apache Junction (the "City") Downtown Redevelopment Area. The Havenly Scenic combines the best elements of residential single-family living with multi-family-like lease terms and management. The blending of these elements creates a desirable residential option with upscale features and spacious indoor/outdoor living areas maintained by a professional management company, without the mortgage payment or HOA fees of a typical single-family development. To achieve this, Keystone requests the Site be rezoned from RS-GR (General Rural Low Density, Single-Family Detached Residential) and RM-2 (High Density Multiple-Family Residential)to RM-2/PD(High Density Multiple-Family Residential with a Planned Development Overlay) for a high-quality, medium-high density residential community. II. SITE AND SURROUNDING AREA An aerial of the Site is attached as Exhibit 1, Legal Description & ALTA are attached as Exhibit 7 and Assessor's Tax Parcel Map is attached as Exhibit 8. The Site is located within the Downtown Planning Area of the City's General Plan. Per the General Plan, the current center of the city lacks necessary density and residential developments. "Successful downtown areas must provide opportunities for current and incoming residents to live and work." The General Plan encourages a mix of high-density housing to accommodate people of all ages and demographics within the downtown area. The Havenly Scenic meets the vision and goals of providing high- quality multi-family housing that appeals to different people/demographics. The current parcels encompassing the Site are zoned RS-GR and RM-2. The adjacent areas around the Site are designated on the General Plan as within the Downtown Redevelopment Area and are zoned as follows: To the north: RS-GR General Rural Low Density(Arizona State Land,unoccupied) - I - To the east: RM-2/PD High Density Multiple-Family Residential by Planned Development To the south: MHP Manufactured Home Park To the West: B-I General Commercial and RS-GR General Rural Low Density 111. PROPOSED REZONING Keystone is proposing the Site be rezoned from RS-GR and RM-2 to RM-2/PD. All parcels will be combined through the City's lot combination process. Keystone's proposed application and development plans for an upscale, high-quality multi-family development are compatible with the City's General Plan and are a viable and sustainable solution on this Site. The proposed PD Overlay is to modify the RM-2 development standards for multi-family residential to allow a high- quality community at a density that will support existing and future commercial/employment developments to the area. Keystone's community has been planned with the following development standards (changes noted in bold). Setback dimensions as listed below are proposed to be around the perimeter of the entire single combined lot site and not within the interior of the site around the structures. Building separations will be determined by applicable building codes. Regulation City of Apache Junction RM- Proposed Development 2 Development Regulations Regulations Min. Lot Area per du. 1,980 sf 1,980 sf Max. Density 22 units/ac 22 units/ac Min. Development Area 7,000 sf 7,000 sf Min. Lot Width 60 ft. 60 ft. Min. Front Setback (main 20 ft. 10 ft. structure) Min. Interior Side Setback 10 ft. 10 ft. (main structure) Min. Street Side Setback (all 10 ft. 10 ft. structures) Min. Rear Setback (main 20 ft. 10 ft. structure) Max. Lot Coverage 50% 50 % Max. Height for main 40 ft. 40 ft. structure IV.DEVELOPMENT PLANS As is depicted on the Preliminary Site Plan and Two Story Plan Locations attached as Exhibit 2, Keystone has created a high-quality community that is attractively designed, lushly landscaped, and will offer a new and diverse living opportunity in Downtown Redevelopment Area. The Havenly Scenic is a gated community that will consist of approximately 158 residences at a density of approximately 11.2 du/gross ac. (+/- 12.1 du/net ac.). The development plans for the Site incorporate open spaces, amenities, and a visual cohesiveness of landscape and architectural elements to create a bigh-quality residential community. Placement of the buildings and yard walls will provide visual interest by varying the - 2 - roof lines and orientations, providing small scale pedestrian courtyards, amenities and landscape features, and architectural detail. The Havenly Scenic's design and architectural plans portray an extraordinary sense of community, compatibility, sustainability, and architectural quality commensurate with the high-quality established by Keystone throughout its other communities in the Phoenix metro area. Primary access to the Site occurs through the gated entrance from Superstition Boulevard. A secondary, resident-only gated ingress and egress point is located on the south side of the community from Scenic Street. Additionally, there will be multiple pedestrian access points into the community that will be controlled with fencing, walkway gates and keys. All water utilities in the community will be master metered with I or 2 total meters. Size of required meter(s) has yet to be determined. It is assumed that the units will not be required to have a fire suppression system installed however Keystone may elect to install fire sprinklers at each residence. All storm retention/detention will be designed to meet the City of Apache Junction's drainage requirements. The existing Colt Road on the east side of the property would be vacated, combined and redeveloped as part of The Havenly Scenic's private community. A Planned Development Major Amendment of Ordinance 1518 from the Havenly Superstition community would be required,then that property will be combined into Havenly Scenic. On the western border of the property adjacent to the existing Winchester Road alignment easement will be a dedicated as a city half street right of way improvements that will be developed for to access the otherwise landlocked neighboring parcels to the northwest of The Havenly Scenic. To the north,Arizona Department of Transportation's (ADOT) easement in this area has recently been abandoned, extinguished and relinquished to the City. See Exhibit 13, ADOT Abandonment Document. A half street improvement would be developed adjacent to the community to the south along the Scenic Road right of way. A. Landscaping and Amenities Landscaping will enhance The Havenly Scenic by integrating with the walls, drainage, entry monuments and amenity features. See Exhibit 3,Preliminary Landscape Plan and Exhibit 4, Amenity Plan. The Havenly Scenic's landscape buffers, open spaces, and plantings will help reinforce the community's theming and appeal. A generous portion of the entire Site is in open space landscaped areas. The Havenly Scenic's plant palette has been developed to complement the community's therning. The plant palette consists of an array of colors and textures that will create an attractive experience for those who live there and those traveling on the roads surrounding the community. Landscaping designs will focus on providing natural screening, shade, and visual interest. Aside from several strategically placed areas of natural sod,all plant species can be found on the Arizona Department of Water Resources, "Low Water Use Plant List." Some artificial turf areas will be strategically located throughout the site as well. Landscaping will be installed to meet the Town of Apache Junction requirements and will include landscaping in the community areas as well as private yards. The landscape maintenance will be the responsibility of the property management company and not the individual resident. The Havenly Scenic has been planned with quality neighborhood scale amenities consistent with Keystone's desire to create an upscale community where residents will be able to play, relax, - 3 - or socialize in a pleasing environment. The amenity areas within The Havenly Scenic are designed to enhance the community character and quality of life by providing recreational opportunities and connectivity for residents through the integration of internal and external open spaces. A centrally located main amenity area within the community will provide active and passive open space for residents and guests to enjoy. Pedestrian paths are provided throughout the Site, connecting the residences to the amenities. Additional amenities will include a resort style swimming pool and spa, lounge areas, barbecue grills and gathering areas for residents to congregate. The community will include a Clubhouse/Leasing office that is planned to be approximately 1,800 square feet. This building is planned to include a kitchenette, fitness, lounge/seating area and leasing office. The Clubhouse is planned to be designed in accordance with the City of Apache Junction's currently adopted IBC code. B. Architecture Proposed housing product designed for The Havenly Scenic will complement the strong architectural richness already found with the surrounding area. All residential homes are planned to be designed in accordance with the City of Apache Junction's currently adopted IRC code. All proposed exterior lighting within the community shall be Dark Sky compliant, where fixtures are downlit and fully shielded. A unique feature for The Havenly Scenic is that every residence except for the Carriage House includes a private, 6-foot wall enclosing the rear yard that is nearly as wide as the residence itself. The Havenly Scenic is designed to meet the goals of the City's Residential Architectural Diversity Standards. Architectural styles consistent with regional history and traditions have been developed for the housing product with key elements of those styles being carried through in the design of the community features (entry monumentation, central amenity, and interior community open space). Residents will have a choice of one-, two-, and three-bedroom units, ranging in size from approximately 722 square feet to 1,609 square feet. See Exhibit 5, Home Elevations and Floor Plans and Exhibit 6,Home Color Boards. Eight unique floor plans will be available for residents to choose from. The first six plans are single level homes and seventh and eighth plans are two- level homes with a flex space (i.e. bedroom / den / studio / office use) on the upper level. The proposed floor plans and elevations are designed to attract empty nesters, professionals, and families. The exterior elevations have a distinct character while providing a cohesive, varied, and attractive community that satisfies the desire of today's residents to live in a more architecturally diverse neighborhood. Each floor plan will have a combination of two of the following distinct architectural styles: Contemporary Spanish and Modem Prairie. Contemporary Spanish: Inspired by architecture from the coastal regions of Spain where intense sunlight bathes every comer, the Spanish style emerged as a response in the American Southwest. Contemporary Spanish reinterprets the style in a fresh way with modem materials, simplified forms, and massing for today's sophisticated society. Sculpted stucco massing in fresh, more angular shapes embraces the timeless appeal of modem architecture,while still retaining a warmth from its traditional roots. The light-colored walls are contrasted with rich dark or - 4 - grayed woods to create the classic blend of light and dark features to define the forms. Windows can be grouped or wrapped around a comer to carry the style around the sides. Other defining characteristics include a simple or parabolic arch at a window or entry, courtyards and minimal use of accent materials to accentuate key components or walls. Modern Prairie: Originating as a late 19th- and early 20th-century architectural style, most common to the Midwestern United States. Low-pitched roofs, usually hipped, with large overhangs, two stories, with one-story wings or porches, eaves, cornices,and facade detailing emphasizing horizontal lines,often with square porch supports, window groupings horizontal in placement. The Modem Prairie is an updated reflection of this popular architectural style Phoenicians have loved for decades. C Theme Walls,Entry Gates, and Entry Monument The proposed theme walls will be consistent with The Havenly Scenic's overall community character. This theming is reinforced using materials, colors, design, and layout. The fences and walls will consist of the following types: theme wall, secondary wall, and partial view wall: • Theme Walls: Constructed of painted CMU with a finish cap and will be 6' high. Theme column designs consist of areas of varying sized masonry units. • Secondary Walls: Utilized mainly for the rear and side yards of the homes towards roadways,will be 6' high. These walls are CMU block and will have painted finish, facing towards the outside of the community and will be painted CMU inside the community. • Partial View Walls: Used to provide privacy and visual breaks on specific surrounding roadways. These walls consist of approximately 4.5' high CMU block and will have painted CMU facing inside/outside the community. There will be approximately 1.5' high decorative wrought iron,painted fence panels on top of the CMU. The Havenly Scenic will have entry monument signage at both main access points into the community that provides a sense of neighborhood arrival. It is anticipated the monument signage will be designed with colors and materials highlighting the community's overall character through using materials such as masonry, decorative tile, stucco and brick inspired block. Signage will be aesthetically pleasing and will follow the City's guidelines for monument type signs. V. MISCELLANEOUS A. Parking The Havenly Scenic will contain at-grade surface parking. See Exhibit 2,Preliminary Site Plan, for parking counts, by type of parking provided. The Havenly Scenic provides 303 parking spaces,where 294 are required. Within The Havenly Scenic,parking spaces include combinations of uncovered spaces, metal carport covered spaces and leasable, single-car garage spaces. There will be I designated, covered parking space per leased home. - 5 - Single-car garage spaces will be designated for operable vehicle storage only and not for household storage. Allowed garage usage terms will be written into home leases and will be enforced by the property manager. B. Phasing it is anticipated that The Havenly Scenic will be constructed in one phase. V1.PROJECT TEAM Develope Keystone Homes Attn: Jeff King 7550 E. McDonald Drive, Suite G Scottsdale, AZ 85250 Phone: (480) 428-1001 x1017 Enginee Bowman Consulting Attn: Natban Larson 1295 W Washington Street, Suite 108 Tempe, AZ 85281 Phone: (480) 629-8830 Landscqpe: McGough Adamson Attn: Nick Adamson 535 E. McKellips Road, Suite 131 Mesa, AZ 85203 Phone: (602) 997-9093 Zoning & Entitlements: Burch& Cracchiolo, P.A. Attn: Brennan Ray 1850 N. Central Avenue, Suite 1700 Phoenix, Arizona 85004 Phone: (602) 234-8794 V11. CONCLUSION According to the detailed information provided in this narrative, Keystone feels: a) The Havenly Scenic's better design can be achieved by not applying the strict provisions of the existing zoning district. b) The Havenly Scenic's adherence to the strict provisions of the existing zoning district is not required in order to ensure health,safety and welfare of the inhabitants of the development. c) The Havenly Scenic's adherence to the strict provisions of the existing zoning district is not required in order to ensure that property values of adjacent properties will not be reduced. The Havenly Scenic is a high-quality residential community that meets and exceeds the City's quality and design while meeting the General Plan goals. Developing the Site with single- family residences will provide additional housing choices for people seeking to live in the - 6 - Downtown Redevelopment Area. By granting the requested deviations to the existing zoning ordinance standards, The Havenly Scenic creates a sustainable solution for this Site and an attractive presence in the area. We request your approval. Keystone Homes - 7 - Site Summary.- Area Calculations.* Parking Required.- Unit Mix.*1 .5 Spaces / I BR x 45 = 67.5 1 Bedrooms 45 (28.5%)2.0 Spaces / 2BR x 83 = 166 2 Bedrooms 83 (52.5%)Total Homes Gross Site Area 14. 1 Acres 2.0-Spaces / 3BR x 30 = 60 3 Bedrooms Plan 1 (722 SF I BR/ I BA) 33 (20.9%) Gross Density 1 1 .2 Homes per Acre Total Required = 293.5 Total 158 Plan 3 ( 1 ,072 SF/2BR2BA) 39 (24.7%) = 294 Plan 4 ( 1 ,095 SF/2BR2BA) 19 ( 12.0%) Net Site Area 13. 1 Acres Parking Provided.-,+ 12. 1 Homes per Acre Plan 5 ( 1 ,246 SF/3BR/2BA) 8 (5. 1 %) Net Density Garage Spaces 30 Total Rentable Plan 6 ( 1 , 145 SF/2BR/2BA) 11 (7.0%) Carport Spaces 132 Square Footage 173,334 SF*Note: Net site area excludes 33' Future Winchester Plan 6X ( 1 ,418 SF/2BR/2BA) 14 (8.9%) Uncovered paces 141 Road ROW, and 33' ROW along East Scenic Street Plan 7 ( 1 ,598 SF/3BR/3BA) 22 ( 13.9%) Total Provided 303 Average SF 11097 SF Carriage. 777 SF/ I BR/ I 12_.(7*6��)................................................ Overall Parking Ratio 1 .92.- I Total 158 ---------- ------- ------- ------.............. ----------- --- ---------- ----- -------- ........ ............. -------------------------- ----------------- ----------- --------............i17'I3 6, I i 171 III............ V V CH2 131 I16XI j3 I3 131 4 L 3 L,_71 n........................... 141 141 141...... ... ...... 3 . ........ I .......... i4 13.......... I]U I Lj L 3 4 ... ..... _7 ` 7 ICH I I7 131 IIF..........L1 I'71 Ii 71 I1 3 I -4 i 311 31 3 171 16X 6XI' 51 777....... .................... N o r t h -----------Original Scale .-!, > I if 40f................................................................... ........................................... ............. ............................................... .............. ........ .............................. .........................................................................................Its Bassenian I Lag0ftni I L L U T OR' A T I `Vig E :A 3% I T E L A ARCHITECTURE - PLANNING - INTERIORS N I C Copyright 2022 Bassenian I Lagoni Architects T H E OH" A E N L Y C E WL 08 . 08 . 22 --------------11........................................ ............... -------------------------------------------------------------------------------------------------------------------------------------"I'll"�Ill""I'll",-"",�-111-11,11,'ll""I-11,111,111,11'll""II------- 1 2031 Orchard Drive,Suite 100 Apache junction, Arizona Newport Beach,CA USA 92660 t4iate: let.+1 949 553 9100 This yield study is for the purpose of estimating the maximum density of a residential fax+1 949 553 0548 0 20 40 80 product type on a site of a given configuration. If specific entitlement requirements differ KEYSTONE I I _-::A 33 1 . 2 1 070 from the criteria shown on the plan (such as setbacks,minimum lot sizes,street standards,SCALE: I 40'-O" retention requirements, etc.)then the actual possible density may vary substantially. Site Summary: Area Calculations: Parking Required: Unit Mix: 1 .5 Spaces / I BR x 45 = 67.5 1 Bedrooms : 45 (28.5%) 2.0 Spaces / 2BR x 83 = 166 2 Bedrooms : 83 (52.5%) Total Homes Gross Site Area : ± 14. 1 Acres 2.0 Spaces / 3BR x 30 = 60 3 Bedrooms : 30 ( 19.0%) Plan 1 (722 SF I BR/ I BA) 33 (20.9%) Gross Density : ± 11 .2 Homes per Acre Total Required = 293.5 Total : 158 Plan 3 ( 1 ,072 SF/2BR2BA) 39 (24.7%) = 294 Plan 4 ( 1 ,095 SF/2BR2BA) 19 ( 12.0%) Net Site Area : ± 13. 1 Acres Parking Provided: Plan 5 ( 1 ,246 SF/3BR/2BA) 8 (5. 1 %) Net Density : ± 12. 1 Homes per Acre Garage Spaces = 30 Total Rentable Plan 6 ( 1 , 145 SF/2BR/2BA) 10 (6.3%) *Note: Net site area excludes 33' Future Winchester Carport Spaces = 132 Square Footage : ± 173,607 SF Plan 6X ( 1 ,418 SF/2BR/2BA) : 15 (9.5%) Road ROW, and 33' ROW along East Scenic Street Uncovered Spaces = 141 Plan 7 ( 1 ,598 SF/3BR/3BA) : 22 ( 13.9%) Total Provided = 303 Average SF : 1 ,099 SF O/N Carriage (777 SF/ I BR/ I BA) 12 (7.6%) Total 158 Overall Parking Ratio = 1 .92: 1 .......... 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Original Scale A-11i'i't1`111 1 40' ---------------------------- Bassenian I Lagu"mi I N FO RMATI 0 NAL SITE P L A N ARCHITECTURE - PLANNING - INTERIORS Copyright 2022 Bassenian I Lagoni Architects IT H E H A V E N L Y S C E N I C 09 . 20 . 22 —-----------__—------—-------------—-------- --------------------------------------------------------------—-------------------------------- 2031 Orchard Drive,Suite 100 Apache junction, Arizona Newport Beach, CA USA 92660 Note: tel. +1949 553 9100 This yield study is for the purpose of estimating the maximum density of a residential fax+1949 553 0548 0 20 40 80 product type on a site of a given configuration. If specific entitlement requirements differ KEYSTONE I I I ---1 3 3 1 . 2 1070 from the criteria shown on the plan (such as setbacks, minimum lot sizes, street standards, SCALE: 1 40'-0" retention requirements, etc.) then the actual possible density may vary substantially. Site Summary: Area Calculations: Parking Required: Unit Mix: 1 .5 Spaces / I BR x 45 = 67.5 1 Bedrooms : 45 (28.5%) 2.0 Spaces / 2BR x 83 = 166 2 Bedrooms : 83 (52.5%) Total Homes Gross Site Area : ± 14. 1 Acres 2.0 Spaces / 3BR x 30 = 60 3 Bedrooms : 30 ( 19.0%) Plan 1 (722 SF I BR/ I BA) 33 (20.9%) Gross Density : ± 11 .2 Homes per Acre Total Required = 293.5 Total : 158 Plan 3 ( 1 ,072 SF/2BR2BA) 39 (24.7%) = 294 Plan 4 ( 1 ,095 SF/2BR2BA) 19 ( 12.0%) Net Site Area : ± 13. 1 Acres Parking Provided: Plan 5 ( 1 ,246 SF/3BR/2BA) 8 (5. 1 %) Net Density : ± 12. 1 Homes per Acre Garage Spaces = 30 Total Rentable Plan 6 ( 1 , 145 SF/2BR/2BA) 10 (6.3%) *Note: Net site area excludes 33' Future Winchester Carport Spaces = 132 Square Footage : ± 173,607 SF Plan 6X ( 1 ,418 SF/2BR/2BA) : 15 (9.5%) Road ROW, and 33' ROW along East Scenic Street Uncovered Spaces = 141 Plan 7 ( 1 ,598 SF/3BR/3BA) : 22 ( 13.9%) Total Provided = 303 Average SF : 1 ,099 SF O/N Carriage (777 SF/ I BR/ I BA) 12 (7.6%) Total 158 Overall Parking Ratio = 1 .92: 1 .......... ....... 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'Ag" '12 If "TJ "AIM "Pi, M foi N N o r t h R", Willi 0 riginal Scale lk� Or: It TI "IT, 1 40' g T', -------------------------- Bassenian I Lag0ftni CURRENT COLT ROAD ALIGNMENT ARCHITECTURE - PLANNING - INTERIORS Copyright 2022 Bassenian I Lagoni Architects T H E H A V E N L Y S C E N I C 09 . 20 . 22 —----------- -------—-------------—-------- —-------—-----------——--—---------- 0�, 2031 Orchard Drive,Suite 100 Apache junction, Arizona Newport Beach,CA USA 92660 Note: tel. +1949 553 9100 This yield study is for the purpose of estimating the maximum density of a residential fax+1949 553 0548 0 20 40 80 product type on a site of a given configuration. If specific entitlement requirements differ KEYSTONE I I I ---1 3 3 1 . 2 1070 from the criteria shown on the plan (such as setbacks, minimum lot sizes, street standards, SCALE: 1 40'-0" retention requirements, etc.) then the actual possible density may vary substantially. Site Summary: Area Calculations: Parking Required: Unit Mix: 1 .5 Spaces / I BR x 45 = 67.5 1 Bedrooms : 45 (28.5%) 2.0 Spaces / 2BR x 83 = 166 2 Bedrooms : 83 (52.5%) Total Homes Gross Site Area : ± 14. 1 Acres 2.0 Spaces / 3BR x 30 = 60 3 Bedrooms : 30 ( 19.0%) Plan 1 (722 SF I BR/ I BA) 33 (20.9%) Gross Density : ± 11 .2 Homes per Acre Total Required = 293.5 Total : 158 Plan 3 ( 1 ,072 SF/2BR2BA) 39 (24.7%) = 294 Plan 4 ( 1 ,095 SF/2BR2BA) 19 ( 12.0%) Net Site Area : ± 13. 1 Acres Parking Provided: Plan 5 ( 1 ,246 SF/3BR/2BA) 8 (5. 1 %) Net Density : ± 12. 1 Homes per Acre Garage Spaces = 30 Total Rentable Plan 6 ( 1 , 145 SF/2BR/2BA) 10 (6.3%) *Note: Net site area excludes 33' Future Winchester Carport Spaces = 132 Square Footage : ± 173,607 SF Plan 6X ( 1 ,418 SF/2BR/2BA) : 15 (9.5%) Road ROW, and 33' ROW along East Scenic Street Uncovered Spaces = 141 Plan 7 ( 1 ,598 SF/3BR/3BA) : 22 ( 13.9%) Total Provided = 303 Average SF : 1 ,099 SF 0/\ Carriage (777 SF/ I BR/ I BA) 12 (7.6%) Total 158 Overall Parking Ratio = 1 .92: 1 .......... ................. 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Original Scale ... .......... �w 2, 1 40' --------------------- ------------------- L-�h� I so" 2 S T 0 R Y PRODUCT DIAGRAM Bassenian I Lagolill ARCHITECTURE - PLANNING - INTERIORS Copyright 2022 Bassenian I Lagoni Architects T H E H A V E N L Y S C E N I C 09 . 20 . 22 —---------- --------—-------------—-------- —-------- —---------- —----------- 2031 Orchard Drive,Suite 100 Apache junction, Arizona Newport Beach,CA USA 92660 Note: tel.+1949 553 9100 This yield study is for the purpose of estimating the maximum density of a residential fax+1949 553 0548 0 20 40 80 product type on a site of a given configuration. If specific entitlement requirements differ KEYSTONE I I I ---1 3 3 1 . 2 1070 from the criteria shown on the plan (such as setbacks, minimum lot sizes, street standards, SCALE: 1 40'-0" retention requirements, etc.) then the actual possible density may vary substantially. _ LEGEND City of Apache Junction �0, Street Names Pinal County Parcels /I N Tfi' Cl TY 0 F APACH E JU N CTI ON Municipal Boundary County Boundary 13Apache Junction PINALCOUNTY September 29, 2022 0 9 rn content maintained by the A p ache Junction GIS Div ision EAST SUPERSTITION BOULEVARD 50'PROPOSED R.O.W. 33' EXISTING R.O.W. CONCEPTUAL PLANT PALETTE PEDESTRIAN GATE (TYP.) VEHICULAR ENTRY/EXIT GATE (TYP.) TREES (24" BOX MI MULGA(ACACIA ANEURA) NOTE:TREE SYMBOLS SHOWN ARE MEANT TO DEPICT DIVERSITY OF PLANT MATERIAL AND ACACIA(ACACIA SPECIES) LOCATIONS ONLY.TREE SYMBOLS MAY BE ANY DESERT WILLOW(CHILOPSIS SPECIES) OF THE TREES LISTED WITHIN THE PALETTE AND ELM TREE(ULMUS SPECIES) WILL BE DETERMINED AT THE TIME OF TEXAS EBONY(EBENOPSIS EBANO) IMPROVEMENT PLANS ONCE THE SITE PLAN 46' AND LANDSCAPE DESIGNS ARE FINAL. PALO VERDE(PARKINSONIA SPECIES) OPEN SPACE (TYP.) PISTACHE SPEIES SAGUARO CACTUS SPECIES PROPERTY LINE (TYP.) HERITAGE LIVE OAK(Q CUSVIRGINIANA�HERITAGE') UEP MESQUITE TREE(PROSOPIS SPECIES) MEDITERRANEAN FAN PALM(CHAMAEROPS SPECIES) DATE PALM(PHOENIX SPECIES) 7 SHRUBS- 5 GAL. MIN. 'OG BOUGAINVILLEA(BOUGAINVILLEA SPECIES) 26' RUSSELLIA(RUSSELLIA SPECIES) DESERT BIRD OF PARADISE (CAESALPINIA SPECIES) FAIRY DUSTER(CALLIANDRA SPECIES) BRITTLEBUSH(ENCELIA FARINOSA) SIDEWALK(TYP.) OUTBACK CASSIA(CASSIA SPECIES) z EMU BUSH(EREMOPHILA SPECIES) C) TEXAS SAGE(LEUCOPHYLLUM SPECIES) BAIA RUELLIA(RUELLIA PENINSULARIS) SALVIA(SALVIA SPECIES) ............. .............. YELLOW BELLS(TECOMA SPECIES) ACCENT PLANTS - 5 GAL. MIN. AGAVE(AGAVE SPECIES) ALOE(ALOE SPECIES) DESERT SPOON(DASYLIRtON WHEELERI) COURTYARD (TYP.) CACTUS SPECIES z HESPERALOE SPECIES uj > OCOTILLO(FOU(ZUIERIA SPLENDENS) < PRICKLY PEAR(OPUNTIA SPECIES) MUHLENBERGIA(MUHLENBERGIA SPECIES) BOUTELOLIA(BOUTELOUA SPECIES) NOLINA(NOLINA SPECIES) LADY'S SLIPPER(PEDILANTHUS MACROCARPUS) YUCCA(YUCCA SPECIES) LANTANA(LANTANA SPECIES) IRENE ROSEMARY(ROSMARINUS SPECIES) ACACIA(ACACIA SSPECIES) WEDELIA(WEDELIA SPECIES) DECOMPOSED GRANITE J, 2"DEPTH MIN,COLOR AND SIZE:TO BE DETERMINED TO B DETERMINED AT PRIVATE YARDS COVERED PARKING (TYP.) CLUBHOUSE 2"DEPTH MIN.COLOR AND SIZE, E < ARTIFICIAL TURF. COLOR:TOBE DETERMINED 0 TURF 'MIDIRON'HYBRID BERMUDA SOD (OR HYDROSEED VAR. BLACKJACK) ce PLAYGROUND (T P.) ce 26' VICINITY MAP G DEVELOPER !26' -liti KEYSTONE HOMES 7550 E. MCDONALD DR.SUITE G z SITE SCOTTSDALE,ARIZONA 85250 E. SUPERSTITION (602) 499-0710 BLVD. CONTACT: CHRIS HUNDELT fD chundelt@keystonehomesaz.com 33' R,OW. z CL LANDSCAPE ARCHITECT PROPERTY LINE(TYP.) z_ COURTYARD (TYP) < MCGOUGH ADAMSON U.1 U6 535 E. MCKELLIPS RD. SUITE 131 ID MESA,AR17-ONA 85203 < (602) 997-9093 PROPERTY LINE (TYP.) CONTACT: NICK ADAMSON 26' nicka@mg-az.com OPEN SPACE (TYP.) PEDESTRIAN GATE (TYP.) NOTES: 1� DUE TO PLANT MATERIAL AVAILABILITY,SUBSTITUTIONS FOR PLANT MATERIAL LISTED ABOVE MAY 44' ,�O If, BE USED.ANY ALTERNATES OR SUBSTITUTIONS MUST BE ON THE ADWR LOW WATER USE PLANT LIST. 2. SUB-SPECIES OR HYBRIDS OF PLANT MATERIAL LISTED ABOVE MAY BE USED AS ALTERNATES/SUBSTITUTIONS, AMk A`�V -mw-lw-Tovwmw W ITWI 3.ADDITIONAL PLANT MATERIAL MAY BE ADDED TO THE LIST ABOVE DUE TO UTILITY COMPANY OR =W= H.O.A. REQUESTS AND/OR PLANTING RESTRICTIONS WITHIN UTILITY EASEMENTS. EAST SCENIC STREET VEHICULAR ENTRY/EXIT GATE (TYP.) N PRIVATE YARD P) 4� NO TREES TO BE LOCATED WITHIN THE P.U.E. OR ANY OTHER NOTED ESMT L PEDESTRIAN GATE (TYP.) 33' R.OW. S. PLANTING ALONG ROYAL PALM RD*TO BE COMPLIANT BUT GROUPED TOGETHER OR ALLOW FOR IN/OUT ACCESS TO MULTI USE TRAIL. 11-8of-oll NORTH SCALE: 1 - IL I MCGO Is I I 'I' E H ENL " Liky" S C E I C m UGH T / x V ADAMSON A KY 1.1 N' "RELIMIN L ` NDSCA"NE PLA` Atchilecis APACHE JUNCTIONt ARIZONA of 80' 160' 240' Land Illannin,4's 17� SEPTEMBER 19,, 2022 hrigatiorl EAST SUPERSTITION BOULEVARD SCE' PRISE R.O.W. ; ' EXISTI G R.O.W. WALL PLAN LEGEND VEHICULAR ENTRY/EXIT GATE TYI'« 'HT PRIMARY THEME WALL. I ETAI L'A' EL I. 'ITT. SECONDARY THEME WALL._DETAIL 'B' BELOW. ALL I�WITH I E 'HT.SOLID E WALL.ALL. ETAIL' ' BELOW. ADJACENT PROPERTY E'HT. FULL VIEW FENCE. DETAIL AIL *E' THIS SLIEST. PROPERTY LINE ITYP.) ' HT. BUILDER WALL. ETA L ' 'THIS SKEET.c PROJECT THEME COLUMNS XJI 7 PROJECT ENTRANCE/SIGN MONUMENT 1: DOS PARK PEDESTRIAN ESTRIA 1 ACCESS GATE. DETAILV THIS SKEET. u ID c la"THICK STEEL PANEL WACCENTSA' � 3� CORNERS WE L EC e FREE CAE D SIB;OO THOYP. # « a SELF LATCHING KEY Iles KEY OUT. E.I STEEL TYE�S TUBE _E LEE3E5 . [L1 C/SEE1C I AND 3CE2 tANEEE} EO3 � E, I S. EEL TUBE,PAINTED SEtWEN z� { Eh WIRE MESH SAEE ,E E SHEFVE�: HORIZONTAL 2xSgy1BE STEEL FRAME (TYi. vIEE AC. h A h5 � WILLIAMS.£AYEAR? o c' .. 1"SE STEEL ESH'(TYS. (IN)STEEL TUBE,PAINTEDSHERWI DP TAC EE SELF CLOSING S NS VA EAR` S C EELCEAN AST E 1 j STONE,E COLOR: :. REIEE BY CORONADOS TONE 30 (Tw) a p�aa 61-0ea tLJi . MAX I , 6 MAX SITE PEDESTRIAN GAT A PRIMARY"THEME WALL. „9 SELF LATCHING,KEY IN/KEY OUT LOCK AND DOOR FIANDLE/KNOB 'Ed°'SCE.TUBE STEEL RASS.("YE') co K IN STEEL TUBE.PAINTED SHERWI 2 X IN WERE ESE S CEEL POST T1'E_. 11EE EAt CAEAR 59E MFSH PAINTED a HORIZONTAL SEELA2 PATTERN, I? STACKED E EC ,EAC EC Ca BLOC K, SQ TUBE STEEL FRAME S LRS EEECE �CASTLE STONE,COLOR:SRCTKESEEE B PAINTED 5 E VEN EtEEAM LERE Y S CC 2 _ 4` E r CORONA DO STONE(T Y I 'CAVIAR' ELE CLOSIh C E HINGES WILLIAMS ED W699 h 5 a .. s CLUBHOUSE . ".., p c:. .:. . • MA :`. I ED EE FINISH E; PEDESTRIAN ALL 1 FINISH GRADE FULL VIEW FENCE 99 � s • a s M SECONDARY THEME WALL 1E 91 PROPERTY RTY LINE TYI . B ED +g�yy� (a�^�' x xwl,. xir+.. . 4 ...... E HORIZONTAL pp }}���^gg�ppq#�{{{''yy q"��y'�``[� ;.: F LSEdw T+'"4L f'tS F'41 Ab{,E"�P1E YL ESLT l f"T fO�E I..F C°� S L E�AIITEC.� EfE"E�L°4+It�I tI E EAEwiS C"AY1tAE� SEa3t � 2"X TO-(IN)RECTANGULAR STEEL TUBE BALL T ICI ITI { 1... �t E:LEAN CASTES STONE,COLCEE.EROEdtE51DE BY ADJACENT PROPERTY CCRIAE �STONE( T � E XE X1C,STACKEDCE !BLO K. SEERYSlEEWELEAltS CLEEZ#( C; Stitl2 C1 ID —0tf ff1• f PROPERTY EI" ERTY LIME TYP. r 01f MAX = 0, m MAX FINISH GRADE Lij ID I ID 10 E 0 ID �' . + s +w a s s • a s � E El�IESEMt GRADE OFBUILL LR:WALL m m* ® 9 ID 51 91 SOLIDI DECORATIVE WALL ♦ s e r � • r • s � C7:c L 1 EAST SCENIC STREET VEHICULAR ENTRY/EXIT GATE(TYP. 33' R.0,W. SCALE: 1 E1 1-0 I MGUH T E I ADAMSON THE HAVENL%111/ t' � U EL ALLPLAIN ArcI Lt rLzand CTI A �' 11 T Ee.�� E�� EaE fk' I 9j, 1W A HORIZONTAL ASHLAR PATTERN, DRY STACKED BELGIAN CASTLE STONE,COLOR: BROOKESIDE BY CORONADO STONE(TYP.) 2"X 10" (IN) RECTANGULAR BEAM N'i 2' 91, PAINTED SHERWIN WILLIAMS 'CAVIAR' (SW6990) 8"X8"X16'*STACKED CMU BLOCK, PAINTED SHERWIN WILLIAMS'CURIO GRAY' (SWO024) Ji" low" Eli` ro . U1149'a 0 Ab"', R,W�0 " ENTRANCE MONUMENT SCALE: 1/2 1 -0 SELF LATCHING,KEY IN/KEY OUT 1/2" SQ.TUBE STEEL RAIL (TYP.) LOCK AND DOOR HANDLE/KNOB 2"SQ TUBE STEEL FRAME (TYP,) 1"X 1" (IN)STEEL TUBE. PAINTED SHERWIN 1 SQ.TUBE STEEL FRAME (TYP.) WILLIAMS'CAVIAW (SW6990) SELF CLOSING GATE HINGES EXTERIOR PEDESTRIAN ACCESS GATEWAY AT SO LID CMUWALL SCALE: 1/2 1 -0 2"X 10" (IN) RECTANGULAR BEAM 1 X 1 (IN)SQUARE TUBE. PAINTED SHERWIN PAINTED SHERWIN WILLIAMS'CAVIAR' (SW6990) WILLIAMS 'CAVIAR' (SW6990) 2"X 8" (IN) RECTANGULAR BEAM 2"X 8" (IN) RECTANGULAR BEAM 2'-8" 12' PAINTED SHERWIN WILLIAMS'CAVIAW (SW6990) PAINTED SHERWIN WILLIAMS'C.AVIAR' (SW6990) 2 moll=IN 6' ................ VEHICULAR ENTRY GATE SCALE*- 1/2 1 t-off MCGOUGH T E 1" 'IAV E hNk ' L Y S C ENk " I C ADAMSON PRELIMINARY MONUMENT & GATE DETAILS APACHE JUNCTION, ARIZONA I ann, -wl 'l, ,i i SEPTEMBER 19, 2022 lvrogadion 1" X1" (IN) STEEL TUBE. PAINTED SHERWIN 2"X 2" (IN)WIRE MESH PAINTED SHERWIN HORIZONTAL ASHLAR PATTERN,DRY STACKED 8"X8"X16"STACKED CMU BLOCK. WILLIAWCAVIAR' (SW6990) WILLIAMS'CAVIAR' (SW6990) BELGIAN CASTLE STONE,COLOR: BROOKESIDE BY PAINTED SHERWIN WILLIAMS 'CURIO CORONADO STONE (TYP.) GRAY (SWO024) . . . . . . . . . . . . THEME WALL & PARTIAL VIEW FENCE SCALE: 1/2 1 -0 I RL I OUGH / I%L 11 MCG a E a lAlk 0Ell' * LY SCEN Ic'o TM v N ADAMSON PRELIMINARY WALL & HARDSCAPE DETAILS APACHE JUNCTION'.. ARIZONA SEPTEMBER 19, 2022 ------------------------------------------------------------------------------------- �T, L :L, 12"CONCRETE' HEADER(TYP.) 6:,V,I�J�9' J1, PEDESTRIAN GATE,(TYP.) S 'WL IDEMIALK(TYP.), ........., 'PIN 6"CONCRETE HEADER(TYP.) ARTIFICIAL TURF(TYP.) POOL LOUNGERS All 4A IN POOL PLAYGRUUND v", RAMADA Is 6"CONCRETE HEADER(TYP.) POOL BENCH FULL VIEW FENCE (TYR) ........... elf, VIRf SPA NINE, 6 CONCRETE HEADER(TYP.) 6' BENCH DESTRIAN GATE(TYP.) ................. .... .......... ............... LEASING OFFICE CLUBHOUSE & POOL DOG PARK COURTYARD (TYP.) 11—iot-oll SCALE.- 1 NORTH MCGOUGH ' T "* E l"' " AVENLY SCENIC ADAMSON AMENITY ENLARGEMENTS Ar(,,:hltcctl� 0' 5' 10' 20' 30' ["arld APACHE fu"INCTION, ARIZONA SEPTEMBER 19, 2022 City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No. 12. File ID: 22-728 Sponsor: Nicholas Leftwich Agenda Date: 11/15/2022 Index: In Control: City Council Meeting Presentation, discussion, public hearing, and consideration of proposed Resolution No. 22-43, a Resolution of the Mayor and City Council of the City of Apache Junction, Arizona, declaring as a public record that certain document filed with the City Clerk and entitled "Legal Descriptions and Zoning Conditions of Case No. P-22-88-PZ Authorized under Ordinance No.1530." City of Apache Junction,Arizona Page 1 Printed on 111812022 City ofApache Junction 7 Development Services Department Date: November 15, 2022 City Council Work Session To: Honorable Mayor and City Council Members Through: Bryant Powell, City Manager Rudy Esquivias, Development Services Director From: Nicholas Leftwich, Planner Subject: November 15, 2022, City Council Work Session Items : Ordinance No. 1530 and Resolution No. 22-43 (P-22-88-PZ) Discussion, Presentation, Public Hearing and Consideration P-22-88-PZ Discussion & Presentation of "The Havenly Scenic" planned development rezoning. Summar P-22-88-PZ is a request by Keystone Homes for a proposed planned development rezoning of eight parcels to facilitate the development of a one-hundred fifty-eight (158) unit, "single- family style" leased residential community. Parcels 101-19-003F, -003A, -003D, -006B, -006C, -006D, and -006A (a total of 9 . 1 gross acres) are currently zoned RS-GR ("General Rural Low Density Single-Family Detached Residential") , while Parcel 101- 19-0070 (a total of 5 acres) is currently zoned RM-2 ("High Density Multiple-Family Residential") . These parcels are proposed to be rezoned to RM-2/PD ("High Density Multiple-Family Residential by Planned Development") . P&Z Commission Hearing and Recommendation The Planning and Zoning Commission held a public hearing for P-22-88-PZ on October 11, 2022, at which time they voted 5-1 to recommend approval of P-22-88-PZ . Please see the attached staff report and exhibits presented to the Planning and Zoning Commission. During the meeting the Planning and Zoning Commission discussed several aspects of traffic circulation, the connectivity of roads to arterials, the provision of access to neighboring parcels, and the impact of traffic on the neighborhood in the context of other approved developments . One neighbor attended to voice concerns regarding traffic on Scenic Street, the connection to water utilities, and the impact of development on the neighborhood. The applicant spoke to answer questions regarding the traffic analysis, the provision of amenities and electric vehicle charging stations . Planning& Zoning—Building& Sqfety—Revenue Development 300 E. Superstition Boulevard o Apache Junction,AZ 85119 * Ph: (480)474-5083 a Fax(480)982-7010 Draft Ordinance No. 1530 was drafted with Planning Staff and the Planning and Zoning Commission' s recommendation for approval . Resolution No. 22-43 adopts the document entitled "Legal Descriptions and Zoning Conditions of Case No. P-22-88-PZ Authorized under Ordinance No. 1530 . " as public record. This document contains the parcel descriptions and conditions of approval referenced in Draft Ordinance No. 1530 . City Council Discussion on November 1, 2022 The City Council reviewed case P-22-88-PZ for presentation and discussion on November 1, 2022 . Questions regarding building heights, traffic on E. Superstition Boulevard, and the provision of horse trails on the street frontages of the property were discussed. Attached: - Draft Ordinance No. 1530 - Draft Resolution No. 22-43 - Legal Descriptions and Zoning Conditions of Case No. P-22-88-PZ Authorized under Ordinance No. 1530 - Staff report and attachments presented to P&Z on 10-11-22 Planning& Zoning—Building& Sqfety—Revenue Development 300 E. Superstition Boulevard s Apache Junction,AZ 85119 @ Ph: (480)474-5083 * Fax (480)982-7010 RESOLUTION NO. 22-43 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, DECLARING AS A PUBLIC RECORD THAT CERTAIN DOCUMENT FILED WITH THE CITY CLERK AND ENTITLED "LEGAL DESCRIPTIONS AND ZONING CONDITIONS OF CASE NO. P-22-88-PZ AUTHORIZED UNDER ORDINANCE NO. 1530"; REPEALING ANY CONFLICTING PROVISIONS; AND PROVIDING FOR SEVERABILITY. WHEREAS, Keystone Homes, represented by Brennan Ray of Burch & Cracchiolo, P.A, submitted for a rezoning by planned development to approve the use of a 158-unit leased residential community known as "The Havenly Scenic" on the properties described in case P-22-88-PZ, which case was presented to the planning and zoning commission on October 11, 2022 and forwarded with a vote of 5 : 1 for approval to council at its November 15, 2022 public hearing; and WHEREAS, Arizona Revised Statutes Annotated (hereinafter "A.R. S . ") § 9-802 permits municipalities to enact the provisions of a code or public record in existence without setting forth such provisions in full text as long as the adopting ordinance is published in full text, and one paper copy is filed with the city clerk and an electronic copy is accessible on the city' s website, with both made available for public use and inspection; and WHEREAS, pursuant to A.R. S . §§ 9-801 (l) and 9-802, such codes include zoning conditions approved in zoning case amendments; and WHEREAS, city staff has identified such provisions herein, and it is the intent of the city to declare such documents and compilations as public records, on file in the office of the city clerk; and WHEREAS, that certain document "Legal Descriptions and Zoning Conditions of Case No . P-22-88-PZ Authorized Under Ordinance No . 1530" includes the legal descriptions for the parcels and conditions of approval for the rezoning by planned development case P-22-88-PZ . NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA AS FOLLOWS : RESOLUTION NO. 22-43 PAGE 1 OF 2 SECTION I IN GENERAL 1. That certain document entitled the "Legal Descriptions and Zoning Conditions of Case No. P-22-88-PZ Authorized under Ordinance No . 1530" of which at least one paper copy is on file with the city clerk and one electronic copy of which is accessible on the city' s website (www.apachejunctionaz .gov) , is hereby declared to be a public record, and shall be made available for public use and inspection. SECTION II REPEALING ANY CONFLICTING PROVISIONS All resolutions and parts of resolutions in conflict with the provisions of this resolution or any part of the codes adopted herein, are hereby repealed. SECTION III PROVIDING FOR SEVERABILITY If any section, subsection, sentence, phrase, clause or portion of this resolution or any part of the codes or regulations adopted herein is for any reason held to be invalid or unconstitutional 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 15TH DAY OF NOVEMBER, 2022 . SIGNED AND ATTESTED TO THIS DAY OF r 2022 . WALTER "CHIP" WILSON Mayor ATTEST: JENNIFER PENA City Clerk APPROVED AS TO FORM: RICHARD JOEL STERN City Attorney RESOLUTION NO. 22-43 PAGE 2 OF 2 LEGAL DESCRIPTIONS AND ZONING CONDITIONS OF CASE NO . P-22-88-PZ AUTHORIZED UNDER ORDINANCE NO . 1530 . A) The mayor and council passed Ordinance No . 1530 on November 15, 2022, which approved the rezoning by planned development of the eight parcels located at the southwest corner of E . Superstition Boulevard and N. Colt Road, Apache Junction, Arizona, legally described as follows : Parcel No. 1 (APN 101-19-0070) : The East half of the Southwest quarter of the Northeast quarter of the Northwest quarter of Section 21, Township 1 North, Range 8 East of the Gila and Salt River Base and Meridian, Pinal County, Arizona; Except all coal, oil, gas and other mineral deposits, as reserved unto the United States of America in the patent of said land; and Parcel No. 2 (APN 101-19-006A) : The South half of the South half of the West half of the Southwest quarter of the Northeast quarter of the Northwest quarter of Section 21, Township 1 North, Range 8 East of the Gila and Salt River Base and Meridian, Pinal County, Arizona; Excepting therefrom all coal, oil, gas and other mineral deposits as reserved in the United States patent recorded in Docket 781, Page 102, records of Pinal County, Arizona; and Parcel No. 3 (APN 101-19-006C) : The South half of the North half of the West half of the Southwest quarter of the Northeast quarter of the Northwest quarter of Section 21, Township 1 North, Range 8 East of the Gila and Salt River Base and Meridian, Pinal County, Arizona; Excepting therefrom all coal, oil, gas and other mineral deposits as reserved in the United States patent recorded in Docket 181, Page 102, records of Pinal County, Arizona; and Parcel No. 4 (APN 101-19-006B) : The North half of the North half of the West half of the Southwest quarter of the Northeast quarter of the Northwest 2 quarter of Section 21, Township 1 North, Range 8 East of the Gila and Salt River Base and Meridian, Pinal County, Arizona; Excepting therefrom all coal, oil, gas and other mineral deposits as reserved in the United States patent recorded in Docket 181, Page 102, records of Pinal County, Arizona; and Parcel No. 5 (APN 101-19-006D) : The North half of the South half of the West half of the Southwest quarter of the Northeast quarter of the Northwest quarter of Section 21, Township I North, Range 8 East of the Gila and Salt River Base and Meridian, Pinal County, Arizona; Excepting therefrom all coal, oil, gas and other mineral deposits as reserved in the United States patent recorded in Docket 181, Page 102, records of Pinal County, Arizona; and Parcel No. 6 (APN 101-19-003F) : The East half of the Northeast quarter of the Northwest quarter of the Northeast quarter of the Northwest quarter of Section 21, Township 1 North, Range 8 East of the Gila and Salt River Base and Meridian, Pinal County, Arizona; Except the East 25 feet thereof; and Except a 20 foot by 20 foot cutoff, more particularly described as follows : Beginning at the northeast corner of the Northeast quarter of the Northwest quarter of the Northeast quarter of the Northwest quarter of Section 21; Thence West (assumed) a distance of 45 feet; Thence South (assumed) a distance of 33 feet to the true point of beginning; Thence East (assumed) a distance of 20 feet; Thence South (assumed) a distance of 20 feet; 3 Thence continuing in a Northwesterly (assumed) direction, approximately 28 . 28 feet to the true point of beginning; and Except all coal, oil, gas and other mineral deposits as reserved in the patent from United States of America; and Except that portion conveyed to the State of Arizona, by and through its Department of Transportation, recorded in Recording no. 2017-11024, records of Pinal County, Arizona; and Parcel No. 7 (APN 101-19-003D) : The South half of the Southeast quarter of the Northwest quarter of the Northeast quarter of the Northwest quarter of Section 21, Township 1 North, Range 8 East of the Gila and Salt River Base and Meridian, Pinal County, Arizona; Except all coal, oil, gas and other mineral deposits as reserved in the patent from United States of America; and Parcel No. 8 (APN 101-19-003A) : The North half of the Southeast quarter of the Northwest quarter of the Northeast quarter of the Northwest quarter of Section 21, Township 1 North, Range 8 East of the Gila and Salt River Base and Meridian, Pinal County, Arizona; Except all coal, oil, gas and other mineral deposits as reserved in the patent from United States of America. B) The approval is subject to the following zoning conditions : 1) The development shall reflect substantial compliance and consistency with the city' s Zoning Ordinance and the Planned Development presented with case P-22-88-PZ, incorporated by reference herein, and as otherwise specified through these conditions of approval, to include general layout, elevations, lot sizes, setbacks deviations, public and private rights-of-ways, pedestrian trails, amenities, perimeter and interior lot separation walls, model types, landscaping and other improvements . 4 2) Landscape, screening and irrigation improvements, planted within a minimum 10-foot deep strip inside the net property line (but outside of required walls) along the west, north, and south perimeters of the property, shall be provided in compliance with the city' s landscape and screening requirements contained in Apache Junction City Code, Volume II, Land Development Code, Chapter 1, Zoning Ordinance, Article 1-8, Landscape Regulations . All required trees shall be 24" box and all required shrubs shall be 5-gallon in size and a decorative 6-foot-tall fence shall be constructed. 3) The minimum front setback and the minimum rear setback for main structures be reduced from 20 feet to 10 feet . 4) Street improvements include but not necessarily limited to, extension of pavement and the provision of sidewalk, curb, gutter, streetlights, underground utilities, fire hydrants, landscaping shall be required as part of this planned development project, and subject to review and approval by the City Engineer. 5) The following right of way dedications shall be made : 1 . The E. Scenic Street Federal Patent Easement comprising the south thirty-three feet (33' ) of the subject site shall be dedicated as public right-of-way. 2 . The N. Winchester Road Federal Patent Easement comprising the west thirty-three feet (33' ) of the subject site shall be dedicated as public right-of-way. 3 . A 20 foot by 20 foot triangular corner cut-off visibility triangle shall be dedicated as public right- of-way at the intersections of E. Scenic Street and N. Winchester Road. 6) The proposed development will not be age-restricted. 7) All common areas and amenity areas 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 property owner. 8) The developer' s engineer shall meet the civil engineering improvement plans and document requirements, as outlined in the previously provided pre-application and review 5 comments and in accordance of the city' s approved engineering standards that are in effect at the time of plan submittal . 9) Following the approval of the rezoning, the eight parcels, Parcels 101-19-003F, 101-19-003A, 101-19-003D, 101-19- 006B, 101-19-006C, 101-19-006D, 101-19-006A, and 101-19- 0070, shall be combined into one parcel, the "Havenly Scenic development parcel, " through the city' s lot combination process . 10) As the developer has proposed to incorporate existing N. Colt Road right-of-way and roadway easements into the proposed developed area of the Havenly Scenic, the developer shall pursue the relevant procedures to have the relevant Colt Road right-of-way abandoned and the Colt Road roadway easements extinguished and have said portions of land conveyed and combined to the Havenly Scenic development parcel . 11) As the developer has proposed to incorporate the west twenty-five feet (25' ) of parcels 101-19-002B and 101-12- 0080 into the proposed developed area of the Havenly Scenic, the developer shall pursue the relevant procedures to convey this portion of land to the Havenly Scenic development parcel . 12) Any major deviation or proposed changes from the original plans associated with this case will require a major PD amendment . 6 City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No. 13. File ID: 22-729 Sponsor: Nicholas Leftwich Agenda Date: 11/15/2022 Index: In Control: City Council Meeting Presentation, discussion, public hearing, and consideration of Ordinance No. 1531, case P-22-89-PZ, a request by Chris Hundelt of Keystone Homes to amend Ordinance No.1518 to modify the conditions of approval requiring the improvement and dedication of Colt Road. This item was presented and discussed at the city council meeting held November 1, 202Z City of Apache Junction,Arizona Page 1 Printed on 111812022 City ofApache Junction 7 Development Services Department Date: November 15, 2022 City Council Work Session To: Honorable Mayor and City Council Members Through: Bryant Powell, City Manager Rudy Esquivias, Development Services Director From: Nicholas Leftwich, Planner Subject: November 15, 2022, City Council Public Hearing Items : Ordinance No. 1531 and Resolution No. 22-44 (P-22-89-PZ) Discussion, Presentation, Public Hearing and Consideration of the proposed PD Amendment to Ordinance No. 1518, "The Havenly Superstition" Summar P-22-89-PZ is a request by Keystone Homes for a proposed planned development major amendment of Ordinance No. 1518 to modify the conditions of approval requiring the improvement and dedication of Colt Road. The development proposal of the Havenly Scenic considered in case P-22-88-PZ removes Colt Road for which street, landscaping, and civil improvements had been required in Ordinance No . 1518 and case P-21-73-PZ . As the development of the Havenly Scenic would leave several of these conditions of approval of Ordinance No. 1518 as unfulfilled, the applicant has requested an amendment to Ordinance 1518 to release the developer from the obligations to improve and dedicate Colt Road, subject to the approval of P-22-88-PZ . P&Z Commission Hearing and Recommendation The Planning and Zoning Commission held a public hearing for P-22-89-PZ on October 11, 2022, at which time they voted 5-1 to recommend approval of P-22-89-PZ . Please see the attached staff report and exhibits presented to the Planning and Zoning Commission. The discussion for case P-22-89-PZ was held jointly with the discussion of case P-22-88-PZ . Discussion on the changes to the affected area and neighborhood was focused on the impact of the proposed Havenly Scenic development (P-22-88-PZ) , to which the removal of Colt Road is a subsequent effect. The proposed amendment was not found to have a negative impact on the community. Planning& Zoning—Building& Sqfety—Revenue Development 300 E. Superstition Boulevard o Apache Junction,AZ 85119 * Ph: (480)474-5083 a Fax(480)982-7010 Draft Ordinance No. 1531 was drafted with Planning Staff and the Planning and Zoning Commission' s recommendation for approval . Resolution No. 22-44 adopts the document entitled "Legal Descriptions and Zoning Conditions of Case No. P-22-89-PZ Authorized under Ordinance No. 1531 for the Planned Development Major Amendment of Ordinance No. 1518 . " as public record. This document contains the parcel descriptions and conditions of approval referenced in Draft Ordinance No. 1531 . City Council Discussion on November 1, 2022 The City Council reviewed case P-22-89-PZ for presentation and discussion on November 1, 2022 . No questions specific to P-22-89-PZ were raised. Attached: - Draft Ordinance No. 1531 - Draft Resolution No. 22-44 - Legal Descriptions and Zoning Conditions of Case No. P-22- 89-PZ Authorized under Ordinance No. 1531 for the Planned Development Major Amendment of Ordinance No. 1518 - Staff report and attachments presented to P&Z on 10-11-22 Planning& Zoning—Building& Sqfety—Revenue Development 300 E. Superstition Boulevard * Apache Junction,AZ 85119 * Ph: (480)474-5083 a Fax (480)982-7010 Site Summary: Area Calculations: Parking Required: Unit Mix: 1 .5 Spaces / I BR x 69 = 103.5 1 Bedrooms : 69 (41 .6%) 2.0 Spaces / 2BR x 72 = 144 2 Bedrooms : 72 (43.4%) Total Homes Gross Site Area : ± 14.77 Acres 2.0 Spaces / 3BR x 25 = 50 3 Bedrooms :.............25_____(_I__5._l o Plan 1 (722 SF I BR/ I BA) : 40 (24. 1 %) Gross Density : ± 1 1 .24 Homes per Acre _____------ -------------------- --------____ ------------- -------- ____ ---------------------------------------- ...Z)_ Total Required = 297.5 Total : 166 Plan 2 (804 SF/ I BR/ I BA) : 29 ( 17.5%) Plan 3 ( 1 ,072 SF/2BR2BA) : 51 (30.7%) Net Site Area : ± 12.84 Acres Parking Provided: Plan 4 ( 1 ,095 SF/2BR/2BA) : 9 (5.4%) Net Density : ± 12.93 Homes per Acre Garage Spaces = 12 Total Rentable Plan 5 ( 1 , 145 SF/2BR/2BA) : 12 (7.2%) *Note: Net site area excludes 50' Superstition Blvd. Carport Spaces = 154 Square Footage : ± 161 ,613 SF Plan__6----(__l__,2_46____SF/_3__BR/2BA)--------------:___25------(---I---5-.---I--%)- ROW, 40' Royal Palm Road ROW, 25' Colt Road ROW, Uncovered Spaces = 132 Total : 166 and I O' landscape buffers on all sides Total Provided = 298 Overall Parking Ratio = 1 .8: 1 ,F----�N�",T""�-,�ll",--7q,w,�,-"7-------,��, _--,F,-­W-W-7W,v1QJjT,q -7 ---,,---w "' -t ­umr' ""',­p , �",ng,"gp, w­­',"Ti, "I"11,11111 " 11 `�1 1111,� ......�V,4%,I","",""�"""""'�-,v ­1 I........... -_ 1-1 ------- - -, "I I �61, .. 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If specific entitlement requirements differ KEYSTONE I I 1 77:11 3 3 1 . 2 1 070 from the criteria shown on the plan (such as setbacks, minimum lot sizes, street standards, I SCALE: I" = 40'-O" retention requirements, etc.) then the actual possible density may vary substantially. I _ City ofApache Junction Development Services Department Date:5/13/2021 PRE-APPLICATION COMMENTS Project Name: P-21-39-PDR(Keystone Homes) "Please note additional comments may be provided at subsequent reviews. Upon formal submittal please include a comment response letter to all of the comments below.** Planning Comments(Staff Contact: Nicholas Leftwich—480-474-8575) 1. Narrative a. Please note,the proposed development is located in the Downtown Redevelopment Area identified by the 2020 Apache Junction General Plan "Legendary Landscapes& Lifestyles."As such, both city staff and city residents, represented by the City Council and its policies, expect a high standard for the quality of developments proposed for this area.This consideration will be an element of discussion during the relevant public hearings. b. The property is currently zoned RS-GR(General Rural Low Density Single-Family Detached Residential) and will require a rezoning to a higher density multi-family zone such as RM-2/PD. As it considered part of the Downtown Mixed Use section of the city in the General Plan it will not require a General Plan Amendment. c. If deviations from our standard multi-family zoning regulations are required a Planned Development (PD) overlay district will be required. Please provide the development standards with a deviations table if a PD is pursued. d. Please confirm that the proposed development is not an age-restricted community. Per Goal 4.8 of the General Plan, staff are to "disallow age restricted residential developments," and would not support such a proposal. e. Private secured yards for each resident were mentioned in Item B.of"SITE" in the Project Design Summary. Based on the configuration of homes on the site plan, it appears that neighboring home walls and windows form the sidewalls of many of these private yards. Can you confirm this is the case? f. Please address how is parking allocated throughout the site.The minimum parking requirements are met, but the parking plan is unclear and concerns regarding guest parking may be an issue. 2. Site Plan a. Provide full dimensions of the property on the site plan.There maybe an error with the mapping of the width of the development regarding how far west the property line goes. b. Required elements mentioned below that may impact the site plan: i. The west edge of the property on the site plans appears to be the far edge of Colt Road, however the actual edge of the property is the east edge of Colt Road.The 25' dedication required for the east half of Colt Road is out of the west edge of the property,which is 25', is not accounted for on the site plan. ii. A 10 foot landscape buffer will be required on the inside edge of east, north,and west sides of the property. More details will be noted below in the Landscape Plans section. The south side Planning&Zoning---Building&,Sa/ety- Code Compliance-Revenue Development 300 E. Superstition Boulevard - Apache Junction,AZ 85119 * Ph: (480)474-5083 *Fax(480)982-7010 1 of the property shall have a paseo/trail path connecting this development to the downtown/park developments planned just west of this property. iii. An eastbound deceleration lane on Superstition Boulevard will be required. Please see the Public Works Engineering Division comments for more details. c. Please note the turn radii for the interior streets.They will need to accommodate emergency vehicles. d. Pavers shall be provided at the main entrance. Please update the proposed site plan upon next submittal. e. Please note all 2 story units on the site plan. 3. Elevations&Architecture a. Please provide conceptual elevations for the clubhouse/leasing office. b. The screen/theme walls facing the streets must be decorative walls and should include columns and a combination of material types. We recommend view fences along sight corridors for more visibility within the development. c. Most HVAC units appear to be located in the rear yards for the buildings, but as a reminder HVAC units or other mechanical equipment are to be placed elsewhere they are to be screened from public view. d. The tower element on the 2-story building(Plan 6)should have the rear side enclosed as well. e. Staff recommends that the front side of the carriage units have a plane change similar to the rear side pop-outs. 4. Landscape Plans and Amenity Plans a. Please provide a landscape plan upon formal submittal. Please note that per our code it must be prepared by a registered landscape architect and contain the elements required by Section 1-8-7 Landscape Plan Submittal Requirements of the Apache Junction Zoning Ordinance. Additional comments may be forthcoming. b. A 10 foot landscape strip on the inside of the property will be required along the street-facing sides of the property, in addition to the space between the property line and the street structures. c. Please provide dimensions of the landscape islands. Per the code, a parking Island shall be provided at least every 12 spaces with a minimum dimension of 5' in width and a minimum area of 50 square feet. Enough landscape islands appear to be provided on the site plan, but they must meet these standards. d. Please confirm if the grass courtyard areas depicted on the illustrative site plan will actually be composed of grass/turf. e. Landscape plans should include list and number of provided plants. f. Minimum parking standards are met, but there may be some concerns regarding the provision of guest parking. g. Please provide an Amenity Plan with details on the proposed amenities and that includes Monument, Wall, Gating, Mailbox, and Trash Enclosure exhibits upon a formal submittal. Please note that materials and colors used in these plans will need to complement the architecture of the development. h. A minimum of three (3) material types should be used in the design of the walls such as but not limited to stone, brick, CMU block and Split Face CMU. A minimum of three(3) material types should be used in the design of the walls such as but not limited to stone, brick, masonry cap, CMU block and Split Face CMU. Columns located every 150'fronting arterials, and stucco walls with slump block columns and cap would look good and match the theme of the development. i. The trash refuse is to be screened by a decorative wall and preferably also some landscaping. Planning&Zoning Building& Sufiety� Code Compliance -Revenue Development 300 E. Superstition Boulevard a Apache Junction,AZ 85119 & Ph: (480)474-5083 -Fax(480)982-7010 2 5. Utility Exhibit a. No comments at this time. 6. Reminder: All proposed lighting shall be dark sky compliant. Fixtures must be down lit and fully shielded. The correlated color temperature (CCT) of lighting shall not exceed 3,000 Kelvins. Staff recommends light poles not to exceed 15' in height. Site Development Engineering Comments(Staff Contact:Sam Jarjice—480-474-5077) 1. All public streets that are adjacent to the development shall be improved per city standards, as required by the Public Works Department. Private drives within the development shall be constructed to provide a safe and an efficient accessibility for vehicular and pedestrians users.The structural pavement cross- sections of the private drives and parking areas shall meet the criteria provided in the geotechnical report for materials type and thickness. 2. Provide city approved driveway entrances. Driveway entrances shall be aligned with the existing driveway entrances across the street, if applicable. 3. Provide adequate Sight Distance and Sight Visibility Triangles per city requirements at driveway entrances. 4. Provide adequate stormwater retention for the entire site per city drainage policy and requirements. Stormwater generated onsite shall be retained within the property boundaries. Provide percolation test results, as part of the geotechnical report at the locations of the proposed stormwater retention areas. 5. Accommodate offsite flows that run across the property. Offsite flows shall be carried through the development and discharged at a location in a manner consistent with historical flow patterns. 6. The parcels shall be combined through the city's lot combination process. 7. Buildings and permanent structures are not allowed in easements, unless extinguished by the respective agencies and utility companies. 8. Underground overhead utilities onsite and adjacent to the site, if any. Underground 12kv or smaller per city planning division requirements. 9. City approved benchmark shall be utilized for the project based on the NAVD 88' Datum. 10. Project survey shall tie into the city GDACS grid. 11. Utilize MAG standards specifications and details, and city's Engineering Standards for details and requirements. Follow Civil Engineering Plan Review Checklist in the preparation of the Improvement Plans, as provided in § 10-2-17 of the city's Engineering Standards. Provide city's General Construction Notes in the Improvement Plans, as shown in the city's Engineering Standards per§ 10-2-12 through § 10-2-16. Apache Junction City Code,Volume 11, Land Development Code, Engineering Standards (Chapter 10) and Subdivision Regulations (Chapter 2) can be downloaded from the city website: https://www.apacheiunctionaz.gov/614/Read-the-City-Code Please assure that a copy of this civil engineering requirements list be delivered to the project civil engineer for onsite design criteria. Refer to City Public Works-Engineering Department comments for any offsite improvement requirements. Public Works Engineering Division Comments(Staff Contact: Emile Schmid—480-474-8515) 1. No comments regarding changes to proposed plans. Planning&Zoning—Building& Sqf�ty— Code Compliance-Revenue Development 300 E. Superstition Boulevard a Apache Junction,AZ 85119 - Ph: (480)474-5083 *Fax(480)982-7010 3 Comments for preparing construction documents forfuture submittals: 1. Please reference the current City of Apache Junction Engineering Standards (2016)for detailed requirements for preparation of future construction documents. Standards are found in Apache Junction City Code Vol. 11 Land Development Code, Chapter 10 Engineering Standards(AJCC,Vol. 11 LDC, Ch. 10), and can be viewed online at: http://library.amlegal.com/nxt/"""gateway.dII/"""Arizona/"""apacheiunction az ldc/chapterl0engineeringst andards?f=templates$fn=default.htm$3.0$vid=amlegal:apacheiunction az$anc=JD Vol.IlCh.10 2. Improvement plans shall be prepared per AJCC,Vol. 11 LDC, Ch. 10, § 10-2 Construction Plan Requirements. 3. All survey and improvement plan documents shall be prepared in conjunction with established verified horizontal control available adjacent to the site, and with NAVD88 vertical datum per the city Survey Benchmark Data Book,January 2008. City will provide electronic copies of the GDACS horizontal control and survey benchmark vertical control data. 4. Developer's engineer shall prepare drainage report including section quantifying and mitigating offsite flows per City requirements. a. Onsite runoff shall be contained onsite per City requirements and shall not encroach into public right-of-way. b. Keep onsite and offsite flows separated. c. Analyze and provide scuppers in curb along all three street frontages to convey half-street runoff to onsite retention basins to maintain one dry lane condition. 5. The site is not located in a FEMAfloodplain. FEMAfloodplain development requirements are not needed for this project. 6. Public streets shall be designed per AJCC,Vol. 11 LDC, Ch. 10, § 10-3 Street Design and Construction. 7. Provide offsite half-street improvements along E. Superstition Blvd. as follows: a. Dedicate 50 feet of public right-of-way(ROW) along the south side of the street (the north side of the property). It is currently a mix of existing 45 feet of ROW and a 33-foot Federal Patent Easement(FPE). b. Dedicate 20-ft by 20-ft triangular ROW corner cut-off visibility triangles at the intersections of Superstition/Colt and Superstition/Royal Palm. c. Pavement installation shall be per C.O.A.J. Std Dtl AJ-20.3, 2.5"A-12.5 over 3"A-19 over 12" ABC, or match existing,whichever is greater. d. Install half-street improvements per 2019 Active Transportation Plan Standard—Local Commercial/industrial road section (Figure 21, page 46). e. Provide eastbound right-turn deceleration lane into project site. f. Install concrete curb ramps per MAG Std. DtI. 237-2, single ramp,with 30-foot radius to face of curb at project entrance. g. Install street lights per city standards: i. Install 160W Phillips LED fixture# RFM-160W48LED4K-G2-R3M-UNV-DMG-PH8-RCD7- GY3 with photoelectric control at 35-ft mounting height on a City of Mesa 100 series stepped streetlight pole P-106 with Type B arm per C.O.M. Std. DtI.SL-73.01. Foundation F-104 per C.O.M. Std. DtI. SL-74.03. Pole shall be centered 1' B.O.W. or 2.5, B.O.C. as specified on layout. ii. Fusing and grounding per City of Mesa streetlight standards. iii. Install pull box per SRP standards. iv. All landscape vegetation shall be located a minimum of thirty-six inches(36")from all pull boxes and street lights.All trees shall be located a minimum of thirty feet(30')from outside base of the tree to all pull boxes and street light poles. Planning&Zoning Building& Sqfety� Code Compliance -Revenue Development 300 E. Superstition Boulevard a Apache Junction,AZ 85119 & Ph: (480)474-5083 -Fax(480)982-7010 4 8. Provide offsite half-street improvements on N. Colt Rd. as follows: a. Dedicate 25 feet of public right-of-way(ROW) along the east side of the street (the west side of the property). b. Install half-street improvements per 2019 Active Transportation Plan Standard—Local Residential road section (Figure 21, page 46). c. Pavement installation shall be per C.O.A.J. Stcl Dtl AJ-20.2, 2"A-12.5 over 2.5"A-19 over 8"ABC, or match existing,whichever is greater. d. Install street lights per city standards: i. Install 85W Phillips LED fixture# RFM-85W36LED4K-G2-R2S-UNV-DMG-PH8-RCD7-GY3 with photoelectric control at 30-ft mounting height on a City of Mesa 100 series stepped streetlight pole P-104 with Type B arm per C.O.M. Std. DtI. SL-73.01. Foundation F-104 per C.O.M.Std. DtI.SL-74.03. Pole shall be centered 1' B.O.W.or 2.5' B.O.C. as specified on layout. ii. Fusing and grounding per City of Mesa streetlight standards. iii. Install pull box per SRP standards. iv. All landscape vegetation shall be located a minimum of thirty-six inches(36")from all pull boxes and street lights.All trees shall be located a minimum of thirty feet(30')from outside base of the tree to all pull boxes and street light poles. 9. Provide offsite half-street improvements along N. Royal Palm Rd. as follows: a. Dedicate 40 feet of public right-of-way(ROW) along the west side of the street(the east side of the property). It is currently a 33-ft Federal Patent Easement(FPE), an additional 7 feet beyond the FPE is required for a minor arterial road alignment. b. Install half-street improvements per 2019 Active Transportation Plan Standard—Local Commercial/industrial road section (Figure 21, page 46). c. Provide southbound right-turn deceleration lane into project site. d. Install concrete curb ramps per MAG Std. DtI. 237-2, single ramp,with 25-foot radius to face of curb at project entrance. e. Underground overhead electrical lines if applicable per AJ.C.C. City Code,Vol. 2, § 1-8-6(K). f. Pavement replacement shall be per C.O.A.J. Stcl Dtl AJ-20.2, 2"A-12.5 over 2.5"A-19 over 8" ABC, or match existing,whichever is greater. g. Install street lights per city standards: i. Install 85W Phillips LED fixture# RFM-85W36LED4K-G2-R2S-UNV-DMG-PH8-RCD7-GY3 with photoelectric control at 30-ft mounting height on a City of Mesa 100 series stepped streetlight pole P-104 with Type B arm per C.O.M. Std. DtI. SL-73.01. Foundation F-104 per C.O.M. Std. DtI.SL-74.03. Pole shall be centered 1' B.O.W. or 2.5' B.O.C. as specified on layout. ii. Fusing and grounding per City of Mesa streetlight standards. iii. Install pull box per SRP standards. iv. All landscape vegetation shall be located a minimum of thirty-six inches(36")from all pull boxes and street lights.All trees shall be located a minimum of thirty feet(30')from outside base of the tree to all pull boxes and street light poles. 10. Provide signing/striping plans. Show existing signs, new locations of relocated existing signs or new signs; show existing striping and any modifications to same; show new striping. 11. Provide cost estimate for offsite improvements. 12. No onsite private structures or private signage shall extend into public right-of-way. 13. Any necessary back-flow preventers (BFPs) installed with the project shall be installed on private property. BFPs may not be placed in the public right-of-way 14. Detailed comments will be provided for each project plan submittal. Planning&Zoning—Building& Sqfiety� Code Compliance -Revenue Development 300 E. Superstition Boulevard - Apache Junction,AZ 85119 * Ph: (480)474-5083 -Fax(480)982-7010 5 Building Safety Division Comments(Staff Contact: Dave Zellner—480-474-5084): 1. The carriage houses with garages below them may not qualify as one/two family homes if the garages can be used by persons other than the carriage house occupants.They would then require 2018 IBC codes and require fire suppression as R-2 apartments. 2. Please also indicate the maximum hose lay distance required to the farthest point from fire department access. Sewer Comments(Staff Contact: Darron Anglin—480-941-6760/Anne Latimer—480 941-6766) 1. The Superstition Mountain Community Facilities District No. I has reviewed the documents and will be able to provide sewer service to this development. Currently,the closest line to the proposed development is on N Winchester Road. Fire District Comments(Staff Contact: Rick Ochs—480-982-4440 ext. 162) 1. With regards to the Keystone Homes development, we recommend approval of the subdivision contingent upon the following: a. A"Looped" Water Supply System is required. b. Fire hydrants spacing no greater than 500' in approved locations. c. Blue reflective Fire Hydrant Markers be affix to the roadway for location identification. Information regarding type and locations to be applied will be provided by the fire district. d. No Parking—Fire Lane signage or painted curbing will be required in various locations. Location to be approved by the fire district. e. Fire rated construction, per Building Code f. The installation of any gates will require a submission of plans to the fire district for approval,and require a permit for installation. Public Safety Comments(Staff Contact:Troy Mullencler—480-474-5076) 1. The police department has no issue with this project as currently presented. Arizona Water Company Comments(Staff Contact:Joe Whelan—480-982-2201) 1. The Arizona Water Company has water mains on Superstition Boulevard and Royal Palm. Please submit formal water plans to Gloria Sesmas at their Phoenix office so that they can further determine how to best serve the project. Economic Development Comments(Staff Contact:Janine Solley—480-474-5076) 1. Economic Development is thrilled to see the project proposed by Keystone Homes that will be located near the heart of our downtown. The Build-for-Rent product is such a popular trend and we are so glad to see the diversity this residential product will bring to Apache Junction that doesn't currently exist. I appreciate that the concept includes a variety of floor plans and sizes, and the exterior look creates interest with quality design and material selections. The additional rooftops and population being added in this area will certainly enhance and boost the local economy with more consumers very nearby to support restaurants and shops on a consistent basis. We are glad to see the interest to invest in Apache Junction and look forward to them becoming part of our amazing community! Planning&Zoning—Building& Sajm�v— Code Compliance -Revenue Development 300 E. Superstition Boulevard a Apache Junction,AZ 85119 - Ph: (480)474-5083 *Fax(480)982-7010 6 ORDINANCE NO. 1531 AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, APPROVING A PLANNED DEVELOPMENT MAJOR AMENDMENT AS DESCRIBED IN CASE P-22- 89-PZ, AS REQUESTED BY KEYSTONE HOMES; ADOPTING BY REFERENCE THAT CERTAIN DOCUMENT ENTITLED "LEGAL DESCRIPTIONS AND ZONING CONDITIONS OF CASE NO. P-22-89-PZ AUTHORIZED UNDER ORDINANCE NO. 1531 FOR THE PLANNED DEVELOPMENT MAJOR AMENDMENT OF ORDINANCE NO. 1518" REPEALING ANY CONFLICTING PROVISIONS; AND PROVIDING FOR SEVERABILITY. WHEREAS, on December 7, 2021, the Mayor and City Council approved Ordinance No . 1518 to rezone the three parcels identified in case P-21-73-PZ, located at the southwest corner of E . Superstition Boulevard and N. Royal Palm Road, from RS-GR (General Rural Low Density Single Family Detached Residential) to RM-2/PD (High Density Multiple Family Residential by Planned Development) for the purpose of developing the three parcels into a one-hundred sixty-six unit leased residential community; and WHEREAS, Ordinance No. 1518 and the planned development plan of case P-21-73-PZ required the dedication and improvement of N. Colt Road; and WHEREAS, following the approval of Ordinance No. 1518, Keystone Homes, the Applicant, proposed in case P-22-88-PZ the development of the parcels adjacent to N. Colt Road in a manner that makes the requirements to expand and improve N. Colt Road obsolete; and WHEREAS, on October 11, 2022, the Apache Junction Planning and Zoning Commission held a public hearing and voted 5-1 to recommend approval of rezoning case P-22-89-PZ, subject to the conditions prescribed therein; and WHEREAS, the city council hereby determines that the proposed rezoning by planned development request conforms to all of the general criteria as specified in Apache Junction City Code, Volume II, Land Development Code, Chapter 1 : Zoning Ordinance, Article 1- 4 : Zoning Districts, Section 1-4-3, Planned Development ("PD") Overlay District, and Article 1-5 : Zoning Bulk and Use Regulations (except as otherwise conditioned herein) , including integration with the surrounding neighborhood, adequate traffic accommodation, adequate public facilities, extension of infrastructure, and that ORDINANCE NO. 1531 PAGE 1 OF 3 the design and uses should result in enhancements to the social, built and natural environments in the city; and WHEREAS, pursuant to A.R. S . § 9-4 62 . 01 (J) , the city council, before adopting any zoning ordinance or text amendment of general applicability, shall consider the probable impact the proposed zoning ordinance or text amendment would have on the cost to construct housing for sale or rent; and WHEREAS, the city council has determined the adoption of this ordinance or text amendment will have no negative impact on the cost to construct housing for sale or rent as delineated under A.R. S . § 9-462 . 01 (1) . NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF APACHE JUNCTION, ARIZONA, AS FOLLOWS : SECTION I IN GENERAL 1 . That the planned development major amendment of Ordinance No . 1518 as recommended by the planning and zoning commission in case P-22-89-PZ, is approved with conditions incorporated by reference in number 2 below. 2 That certain document entitled "Legal Descriptions and Zoning Conditions of Case No. P-22-89-PZ Authorized Under Ordinance No. 1531 for the Planned Development Major Amendment of Ordinance No. 1518" one paper copy and one electronic copy which are accessible on the city' s website and filed in the office of the city clerk, which document was made a public record by Resolution No. 22-44 of the City of Apache Junction, is hereby referred to, adopted and made a part hereof as if fully set out in this ordinance, pursuant to A.R. S . § 9-802 . SECTION II REPEALING ANY CONFLICTING PROVISIONS : All ordinances and parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. SECTION III PROVIDING FOR SEVERABILITY: If any section, subsection, sentence, phrase, clause or portion of this ordinance is for any reason held to be invalid or ORDINANCE NO. 1531 PAGE 2 OF 3 unconstitutional 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 15TH DAY OF NOVEMBER, 2022 . SIGNED AND ATTESTED TO THIS DAY OF r 2022 . WALTER "CHIP" WILSON Mayor ATTEST: JENNIFER PENA City Clerk APPROVED AS TO FORM: RICHARD JOEL STERN City Attorney ORDINANCE NO. 1531 PAGE 3 OF 3 LEGAL DESCRIPTIONS AND ZONING CONDITIONS OF CASE NO . P-22-89-PZ AUTHORIZED UNDER ORDINANCE NO . 1531 FOR THE PLANNED DEVELOPMENT MAJOR AMENDMENT OF ORDINANCE NO . 1518 . A) The mayor and council passed Ordinance No . 1531 on November 15, 2022, which approved the planned development major amendment of the Planned Development Ordinance No. 1518, previously approved on December 7, 2021 in the planned development rezoning case P-21-73-PZ, amending the planned development of three (3) parcels located at the southwest corner of E. Superstition Boulevard and N. Royal Palm Road, Apache Junction, Arizona, legally described as follows : Parcel No. 1 (APN 101-19-002B) : The West half of the Northeast quarter of the Northeast quarter of the Northwest quarter of Section 21, Township 1 North, Range 8 East of the Gila and Salt River Base and Meridian, Pinal County, Arizona, except the portion conveyed in certain warranty deed recorded as 2017-004234, of official records; and Parcel No. 2 (APN 101-19-0080) : The North half of the Southeast quarter of the Northeast quarter of the Northwest quarter of Section 21, Township 1 North, Range 8 East of the Gila and Salt River Base and Meridian, Pinal County, Arizona; and Parcel No. 3 (APN 101-19-0010) : The East half of the Northeast quarter of the Northeast quarter of the Northwest quarter of Section 21, Township 1 North, Range 8 East of the Gila and Salt River Base and Meridian, Pinal County, Arizona B) The amended planned development approval is subject to the following zoning conditions : 1) The development shall reflect substantial compliance and consistency with the city' s Zoning Ordinance and the Planned Development presented with the site plan dated 10/28/21 in case P-21-73-PZ, incorporated by reference herein, and as otherwise specified through these conditions of approval, to include general layout, elevations, lot sizes, setbacks deviations, public and private rights-of-ways, pedestrian trails, amenities, perimeter and interior lot separation walls, model types, landscaping and other improvements, with exception to the dedication and street improvements 2 indicated on Colt Road. 2) Landscape, screening and irrigation improvements, planted within a minimum 10-foot deep strip inside the net property line (but outside of required walls) along the north and east perimeters of the property, shall be provided in compliance with the city' s landscape and screening requirements contained in Apache Junction City Code, Volume II, Land Development Code, Chapter 1, Zoning Ordinance, Article 1-8, Landscape Regulations . All required trees shall be 24" box and all required shrubs shall be 5-gallon in size and a decorative 6- foot-tall fence shall be constructed as part of said screening. Landscaping around the exterior perimeter, horse trail area, shall be horse-plant friendly. 3) The developer' s engineer shall meet the civil engineering improvement plans and document requirements, as outlined in the previously provided pre-application review comments dated 5/13/21 (P-21-39-PDR) and in accordance with the city' s approved engineering standards that are in effect at the time of plan submittal, with exception to the to the dedication and street improvements indicated on Colt Road and the twenty foot by twenty foot (20' x 20' ) cutoff corner sight visibility triangle at the intersection of Superstition and Colt. 4) Street improvements shall include, but are not necessarily limited to, extension of pavement, sidewalk, curb, gutter, streetlights, underground utilities, fire hydrants, landscaping, all of which are subject to review and approval by the city engineer. 5) The following right-of-way dedications shall be made: 1 . Along the north side of the property, the south 50 feet of East Superstition Boulevard shall be dedicated as public right-of-way. 2 . A 20 foot by 20 foot triangular corner cut-off visibility triangles at the intersections of Superstition and Royal Palm. 3 . The east 40 feet of the property for North Royal Palm Road. 3 6) The proposed development will not be age-restricted. 7) All common and amenity areas within and immediately adjacent to the proposed development, including perimeter walls and fences, and interior and exterior common area landscaping, shall be maintained in good condition at all times by the property owner and its successors and assigns . 8) Any major deviation or proposed changes from the original plans associated with this case will require a major PD amendment. 9) A 10 foot paseo or trail path connecting this development and the greater neighborhood to the emerging downtown developments planned to the west of this property shall be provided within the open space along the southern property line. 10) The minimum front setback and the minimum rear setback for main structures shall be reduced from 20 feet to 10 feet. 11) Upon approval of the rezoning, the three parcels, 101-19-002B, 101-19-0010, and 101-19-0080, shall be combined through the city' s lot combination process . 12) Prior to execution of any lease, prospective tenants shall provide given written disclosure in their lease and in a separately signed disclosure statement for the signature of each buyer, acknowledging that the development is located adjacent to or nearby existing ranchette (s) ; that such uses are legal and should be expected to continue indefinitely; and animal privilege properties that may cause adverse noise, odors, and other externalities . This responsibility for notice rests with the developer and shall not be construed as an absolute guarantee by the City of Apache Junction for receiving such notice . 13) All leases at the development shall provide that all questions, concerns, complaint any tenant may have about the existing ranchette, animal privilege, and agricultural properties shall be solely directed to the property manager or owner of the development and not to the City of Apache Junction or any neighbors . All 4 leases shall also provide that it shall be within the sole and absolute discretion of the property manager or owner of the development (and not the tenant) to determine (after the manger/owner' s due consideration of all related acknowledgements and disclosures that are required by the Zoning Conditions of Approval and consideration of all information known to the manager/owner) whether or not, when, and how to communicate any tenants' questions, concerns, or complaints . 14) All multi-use trails shall be maintained in a clean and orderly manner. 5 City ofApache Junction Development Services Department PLANNING AND ZONING COMMISSION PUBLIC HEARING STAFF REPORT DATE: October 11, 2022 CASE NUMBER: P-22-89-Pz "Amendment to Ordinance No. 1518, The Havenly Superstition" OWNER: Keystone Homes APPLICANT: Chris Hundelt of Keystone Homes represented by Brennan Ray of Burch & Cracchiolo, P.A. REQUEST: Proposed planned development major amendment of Ordinance No. 1518 to modify the conditions of approval requiring the improvement and dedication of Colt Road. LOCATION: The properties are generally located near the Southwest corner of Superstition Boulevard and Royal Palm Road. GENERAL PLAN/ ZONING DESIGNATION: Downtown Mixed Use; currently zoned RM- 2/PD. SURROUNDING USES: North: RS-GR (General Rural Low Density Single-Family Detached Residential) & vacant state land; South: RS-GR Single-Family Residences; East: RS-GR Single-Family Residences, RM-2/PD ("High Density Multiple-Family Residential by Planned Development") vacant property; West: RS-GR Single-Family Residences, B-1 (General Commercial) , RM-2 (High Density Multiple-Family Residential) vacant property. "Tbe Havenly Superstition"Case P-22-89-PZ October 11,2022 Planning and Zoning Commission Staff Report BACKGROUND On December 7, 2021, the applicant, Keystone Homes, received development plan approval to construct a one-hundred sixty-six (166) unit leased residential community tentatively known as "The Havenly Superstition" through the Planned Development Rezoning Case P-21-73-PZ . At the time of the rezoning case P-21-73-PZ, the parcels located west of the subject site across Colt Road were privately owned and occupied by manufactured homes which used Colt Road as their only public street access . Since Colt Road is a public street, Ordinance No. 1518 required that the applicant dedicate the east half-street portion of Colt Road, comprising the west twenty- five feet (25' ) of the subject site, the dedication of a twenty foot by twenty foot (20' x 20' ) sight visibility triangle at the intersection of Superstition Boulevard and Colt, and required landscaping and other street improvements along the Colt Road street frontage in order to comply with the city' s site development and street improvement standards . After the approval of Ordinance No. 1518, the applicant began to pursue the acquisition of the properties located to the west and southwest of the subject site for the purpose of rezoning and developing the adjacent 14 . 1 gross acres in a manner similar to the Havenly Superstition, and formally applied for a planned development rezoning of the neighboring properties in Case No . P-22-88-PZ . In the development plans for this adjacent project, the applicant has included all three (3) of the residential properties that were served by Colt Road and has proposed to request the abandonment of Colt Road and incorporate this land area into the developed area of the proposed second leased residential community. Please see Exhibit #3 "Side-by-Side Site Plans" for a depiction of how the proposed communities are arranged and how the portions of Colt Road and Parcels 101-19-002B and 101-12-0080 are to be incorporated in the Havenly Scenic development area. Because the development proposal of P-22-88-PZ (The Havenly Scenic) removes Colt Road and subsequent street, landscaping, and civil improvements that were required, the development of the Havenly Scenic would leave several of the conditions of approval of Ordinance No. 1518 as unfulfilled, therefore, the applicant has requested an amendment to Ordinance 1518 to release the developer from the obligations to improve and dedicate Colt Road. ,,Tbe Havenly Superstition"Case P-22-89-PZ October 11,2022 Planning and Zoning Commission Staff Report PROPOSALS P-22-89-PZ is a proposed planned development ("PD") major amendment of Ordinance No. 1518, which created a PD zoning overlay affecting three parcels comprising 14 . 77 acres, APN 101- 19-002B, 101-19-0010, and 101-19-0080 The proposed amendment removes the requirements and obligations of the developer to dedicate the east half-street portion of Colt Road, which comprises the west twenty-five feet (25' ) of the subject site, the requirement to dedicate a twenty foot by twenty foot (20' x 20' ) sight visibility triangle at the intersection of Superstition Boulevard and Colt, and the requirements to provide landscaping and other street civil improvements along Colt Road. Specifically, this request modifies the following conditions of approval of Ordinance No. 1518 . • Condition One will be modified to exclude the west 25' of the subject area, which shall no longer be part of Colt Road and which is proposed to be incorporated into the development area of P-22-88-PZ "The Havenly Scenic. " • Condition Two will have a minor modification removing the language requiring landscaping on the west side of the property, since there will no longer be street frontage there . • Condition Three will have a minor modification altering the language requiring civil improvements to be made as required in the review comment documents dated 5/13/21 amended to exclude the improvements required along Colt Road. • In Condition Five the right-of-way dedications will be modified to remove the twenty foot by twenty foot (20' x 20' ) cutoff corner sight visibility triangle at the intersection of Superstition and Colt in Item Two (#2) and the requirement to dedicate the west 25 ' of the subject area for Colt Road' s dedication in Item Three (#3) . PLANNING STAFF ANALYSIS Relationship to General Plan and Zoning Ordinance: Planning Staff does not find the proposed amendments to conflict with any General Plan goals or policies, but only under the assumption that the planned development rezoning P-22-88-PZ is approved by the city council . Because the proposed development "Tbe Havenly Superstition"Case P-22-89-PZ October 11,2022 Planning and Zoning Commission Staff Report 3 of the Havenly Scenic (P-22-88-PZ) would remove the need for the Colt Road improvements, it follows that the developer should be relieved of the obligations to improve a road that would no longer exist. If the development proposal of P-22-88-PZ is denied, the required dedications and street improvements must still be made to improve the property per the city engineering and zoning standards, which would require the denial of P-22-89-PZ . Infrastructure Improvements: This proposal removes the requirements to improve the infrastructure along Colt Road, but all other infrastructure requirements of P-21-73-PZ are still to be constructed as planned. Public Input: Neighborhood meeting notification letters were sent from the applicant to all property owners within a 300-foot radius On Friday, August 27, 2021 . On August 17, 2022 a neighborhood meeting took place in the Apache Junction Multi-Generational Center. The meeting was held to consider primarily the development of the Havenly Scenic (P-22-88-PZ) with the amendments to Ordinance No. 1518 (P-22-89-PZ) being a subsequent effect if P-22-88-PZ were to be approved. Four (4) neighbors to the development attended the meeting. No questions regarding the changes to Ordinance No. 1518 were asked, but other questions included the impacts that the neighboring development would have on the neighborhood, and a complaint that the approval of P-21- 73-PZ, the Havenly Superstition, has negatively affected property values, which was a contested claim by both other neighbors and the applicant. Staff has not received any contact from neighbors or other residents at the time of this staff report. FINDINGS OF FACT As required by the Apache Junction Zoning Ordinance, a Planned Development request may be approved by the City Council after consideration has been given to three different criteria. The criteria is outlined in the text below: l . That a better design cannot be achieved by applying the strict provisions of the underlying zoning district. "Tbe Havenly Superstition"Case P-22-89-PZ October 11,2022 Planning and Zoning Commission Staff Report 4 Applicant Response: With the improvements to develop "The Havenl_y Scenic" this half street improvement is not needed. Better design can be achieved b_y not appl_ying the strict provisions of the existing zoning district. 2 . That strict adherence to the provisions of the zoning ordinance is not required in order to ensure the health, safety and welfare of the inhabitants of the proposed development. Applicant Response: The proposed changes will not jeopardize the health, safet_y or welfare of the residents of our proposed development. 3 . That strict adherence to the ordinance is not required to ensure that property values of adjacent properties will not be reduced. Applicant Response: The deviations to the development standards are anticipated to have no effect on the property values. PLANNING DIVISION RECOMMENDATION Planning Staff recommends the approval of P-22-89-PZ, in coordination with Staff' s recommendation to approve P-22-88-PZ, subject to the conditions of approval recommended below. The conditions of approval included here would act as a replacement for the conditions of approval in Ordinance No. 1518, replacing the conditions as a whole to prevent inconsistencies between the two Planned Development Ordinances for the subject site . As always, Commissioners may recommend changes or additional conditions which they feel will improve the development plan. RECOMMENDED MOTION FOR PLANNED DEVELOPMENT REZONING I move that the Planning and Zoning Commission recommend to the Apache Junction City Council the approval of planned development major amendment case P-22-89-PZ, a request by Chris Hundelt of Keystone Homes to modify the conditions of approval of Ordinance No. 1518 requiring the improvement and dedication of Colt Road, replacing the conditions of approval in Ordinance No. 1518 with the following conditions of approval : "Tbe Havenly Superstition"Case P-22-89-PZ October 11,2022 Planning and Zoning Commission Staff Report 5 1) The development shall reflect substantial compliance and consistency with the city' s Zoning Ordinance and the Planned Development presented with the site plan dated 10/28/21 in case P-21-73-PZ, incorporated by reference herein, and as otherwise specified through these conditions of approval, to include general layout, elevations, lot sizes, setbacks deviations, public and private rights-of-ways, pedestrian trails, amenities, perimeter and interior lot separation walls, model types, landscaping and other improvements, with exception to the dedication and street improvements indicated on Colt Road. 2) Landscape, screening and irrigation improvements, planted within a minimum 10-foot deep strip inside the net property line (but outside of required walls) along the north and east perimeters of the property, shall be provided in compliance with the city' s landscape and screening requirements contained in Apache Junction City Code, Volume II, Land Development Code, Chapter 1, Zoning Ordinance, Article 1-8, Landscape Regulations . All required trees shall be 24" box and all required shrubs shall be 5-gallon in size and a decorative 6- foot-tall fence shall be constructed as part of said screening. Landscaping around the exterior perimeter, horse trail area, shall be horse-plant friendly. 3) The developer' s engineer shall meet the civil engineering improvement plans and document requirements, as outlined in the previously provided pre-application review comments dated 5/13/21 (P-21-39-PDR) and in accordance with the city' s approved engineering standards that are in effect at the time of plan submittal, with exception to the to the dedication and street improvements indicated on Colt Road and the twenty foot by twenty foot (20' x 20' ) cutoff corner sight visibility triangle at the intersection of Superstition and Colt. 4) Street improvements shall include, but are not necessarily limited to, extension of pavement, sidewalk, curb, gutter, streetlights, underground utilities, fire hydrants, landscaping, all of which are subject to review and approval by the city engineer. "Tbe Havenly Superstition"Case P-22-89-PZ October 11,2022 Planning and Zoning Commission Staff Report 6 5) The following right-of-way dedications shall be made : 1 Along the north side of the property, the south 50 feet of East Superstition Boulevard shall be dedicated as public right-of-way. 2 A 20 foot by 20 foot triangular corner cut-off visibility triangles at the intersections of Superstition and Royal Palm. 3 . The east 40 feet of the property for North Royal Palm Road. 6) The proposed development will not be age-restricted. 7) All common and amenity areas within and immediately adjacent to the proposed development, including perimeter walls and fences, and interior and exterior common area landscaping, shall be maintained in good condition at all times by the property owner and its successors and assigns . 8) Any major deviation or proposed changes from the original plans associated with this case will require a major PD amendment. 9) A 10 foot paseo or trail path connecting this development and the greater neighborhood to the emerging downtown developments planned to the west of this property shall be provided within the open space along the southern property line. 10) The minimum front setback and the minimum rear setback for main structures shall be reduced from 20 feet to 10 feet. 11) Upon approval of the rezoning, the three parcels, 101-19-002B, 101-19-0010, and 101-19-0080, shall be combined through the city' s lot combination process . 12) Prior to execution of any lease, prospective tenants shall provide given written disclosure in their lease and in a separately signed disclosure statement for the signature of each buyer, acknowledging that the development is located adjacent to or nearby existing ranchette (s) ; that such uses are legal and should be expected to continue indefinitely; and animal privilege "The Havenly Superstition"Case P-22-89-PZ October 11,2022 Planning and Zoning Commission Staff Report 7 properties that may cause adverse noise, odors, and other externalities . This responsibility for notice rests with the developer and shall not be construed as an absolute guarantee by the City of Apache Junction for receiving such notice. 13) All leases at the development shall provide that all questions, concerns, complaint any tenant may have about the existing ranchette, animal privilege, and agricultural properties shall be solely directed to the property manager or owner of the development and not to the City of Apache Junction or any neighbors . All leases shall also provide that it shall be within the sole and absolute discretion of the property manager or owner of the development (and not the tenant) to determine (after the manger/owner' s due consideration of all related acknowledgements and disclosures that are required by the Zoning Conditions of Approval and consideration of all information known to the manager/owner) whether or not, when, and how to communicate any tenants' questions, concerns, or complaints . 14) All multi-use trails shall be maintained in a clean and orderly manner. Prepared by 14icholas Leftwich Associate Planner Attachments : Exhibit #1 - P-22-89-PZ Project Narrative Exhibit #2 - P-22-89-PZ Colt Road Amended Plan Exhibit #3 - Side-by-Side Site Plans Exhibit #4 - Ordinance No. 1518 Exhibit #5 - Approved P-21-73-PZ Site Plan, dated 10/28/21 Exhibit #6 - The Havenly Superstition Pre-Application Review Comments (P-21-38-PDR) Exhibit #7 - Final Participation Report "Tbe Havenly Superstition"Case P-22-89-PZ October 11,2022 Planning and Zoning Commission Staff Report 8 PD Major Amendment Application for rInIF -i ne Havenly 0 0 Superstition Southwest Corner of Superstition Boulevard and Royal Palm Road by: W, KEYSTONE - H 0 M E S Case No.: P-21-73-PZ Submitted: August 8, 2022 fI I Ica 10 1. Introduction..................................................................................................................... I - 11. Proposed I'D Major Amendment.................................................................................. I - 111. Project Team................................................................................................................... I - IV. Conclusion .......................................................................................................................2 - Exhibit No. Description I Aerial Map 2 Illustrative Exhibit Showing pre and post amendment condition of Colt Rd. 3 Mailing Label Certification (signed) 4 300' Ownership Labels 5 Public Participation Plan THE HAVENLY SUPERSTITION 1. INTRODUCTION In December of 2021, the City of Apache Junction approved the Case P-21-73-PZ to Amend the Apache Junction, Arizona Zoning District Classification for a proposed new rental community to be named "The Havenly Superstition" located on the Property described in the Rezoning Case P-21-73-PZ. This Case included an approximate 166 unit residential rental community to be named "The Havenly Superstition" located at the southwest comer of East Superstition Boulevard and North Royal Palm Road on approximately 14.77 acres. The approved ordinance 1518 accepted this rezone from "RS-GR" to High Density Multiple-Family Residential by Planned Development ("RM-2/PD") subject to 14 standard and project specific conditions listed on the ordinance No. 1518. Keystone Homes has submitted a Re-zoning Application "The Havenly Scenic" P-22-41 that will share the western property line of"The Havenly Superstition"along the alignment of Colt Rd. See submitted booklet for "The Havenly Scenic" for project specific site plans and more project inforination. Based on the approval to re-zone the parcels associated with the Havenly Scenic Application the existing Colt Road on the west half of Colt Road would be vacated, combined, and redeveloped as part of The Havenly Scenic's private community. Vacating the existing half street right-of-way of Colt Road would eliminate the need to dedication the eastern half street of Colt Road. II. PROPOSED PD MAJOR AMENDMENT The Approved ordinance 1518 for Case P-21-73-PZ"The Havenly Superstition"Condition # 5 required for the eastern half street of Colt Rd. to be dedicated for right-of-way. With the improvements to develop "The Havenly Scenic" this half street improvement is not needed and the current Colt Road will not continue through to Scenic Street. It currently ends at parcel 101 19009G. See attached exhibit # 2 illustrating the right-of-way dedication for Colt Rd. per the approved 1518 Ordinance and the Right-of-Way with the requested amendment. 111.PROJECT TEAM Develope Keystone Homes Attn: Jeff King Chris Hundelt 7550 E. McDonald Drive, Suite G Scottsdale, AZ 85250 Phone: (480) 428-1001 Enginee Bowman Consulting Attn: Nathan Larson 1295 W Washington Street, Suite 108 Tempe, AZ 85281 Phone: (480) 629-8830 Landscqpe: McGough Adamson Attn: Nick Adamson 535 E. McKellips Road, Suite 131 Mesa, AZ 85203 Phone: (602) 997-9093 Zoning & Entitlements: Burch& Cracchiolo, P.A. Attn: Brennan Ray 1850 N. Central Avenue, Suite 1700 Phoenix, Arizona 85004 Phone: (602) 234-8794 IV.CONCLUSION The Havenly Scenic and The Havenly Superstition are high-quality residential communities that meets and exceeds the City's quality and design while meeting the General Plan goals. In order for both of these projects to be effectively designed and match up with each other we request your approval to Amend Ordinance 1518 Condition #5.3 to remove the eastern half street dedication of Colt Road from the Ordinance from"The Havenly Superstition". Keystone Homes - 2 - Colt. Rd right-of-way dedication as Request to amend Ordinance 1518 stipulated in case P-21-73-PZ stipulation # 5.3 by removing the 25' stipulation # 5.3 ROW dedication from Colt Rd. from Figure 1 the Ordinance 1518 Figure 2 I I I I I I I Isla I a I I I I I I I I I I I I I I I I IN 131,Isla I a I I I I I I I I I I I I I I I I I I I 112111 a I I I I I I I I I I I I I I I I I I I I Ist R W D 1 0 KT66 PG 4 SUPERSTITION BLVD. Nag; 33''/w -SUPERSTITION BLVD. AZ STZ OUT 160,PC 401 231.38' SUPERS111 231.38' 11-Al- N89*59'44"E I oc L3 L EXISTING R/W Si89-56�44--W 1 .00' '40'EASEMENT DOC 2017-004234 OR WATTR MAIN F�T' 40'EASEMENT EXISTING 45'R/W DKT 617,IG 11 TAR WATER MAIN DOC 2017-004234 DST 657,PC 17 EX,25'R/W DKTX2 11W" 158T"PIS I cc APN 101-19-002B APN 101 19-002B 0 R7 00 25'R/W DEDICATED HEREON R, Z3; P p L —-----------------------------------------------------------------------— APN�O�-�9-0070 A PN�01-79-0070 HOME MAKIRS LL C HOME VAKLRS LLC APR AP� 25' S8959; k- DES! FOUND REBAR FOUND REBAR W/ALUMINUM CAP W/ALUMINUM CAP NO MARKINGS NO MARKINGS APIV 70�-�9-009,3 APA'101-19-009d BALLOW HAGERTY APN 101-�9-009G APN�01-19-009J BALLOW HAGERTY .......... ....... ............... ............... ...... EXHIBIT 2 N o r t h Site Summary: Area Calculations: Parking Required: Unit Mix: 1 .5 Spaces / I BR x 45 = 67.5 1 Bedrooms : 45 (28.5%) 2.0 Spaces / 2BR x 83 = 166 2 Bedrooms : 83 (52.5%) Total Homes Gross Site Area : ± 14. 1 Acres 2.0 Spaces / 3BR x 30 = 60 3 Bedrooms : 30 ( 19.0%) Plan 1 (722 SF I BR/ I BA) 33 (20.9%) Gross Density : ± 11 .2 Homes per Acre Total Required = 293.5 Total : 158 Plan 3 ( 1 ,072 SF/2BR2BA) 39 (24.7%) = 294 Plan 4 ( 1 ,095 SF/2BR2BA) 19 ( 12.0%) Net Site Area : ± 13. 1 Acres Parking Provided: Plan 5 ( 1 ,246 SF/3BR/2BA) 8 (5. 1 %) Net Density : ± 12. 1 Homes per Acre Garage Spaces = 30 Total Rentable Plan 6 ( 1 , 145 SF/2BR/2BA) 10 (6.3%) *Note: Net site area excludes 33' Future Winchester Carport Spaces = 132 Square Footage : ± 173,607 SF Plan 6X ( 1 ,418 SF/2BR/2BA) : 15 (9.5%) Road ROW, and 33' ROW along East Scenic Street Uncovered Spaces = 141 Plan 7 ( 1 ,598 SF/3BR/3BA) : 22 ( 13.9%) Total Provided = 303 Average SF : 1 ,099 SF O/N Carriage (777 SF/ I BR/ I BA) 12 (7.6%) Total 158 Overall Parking Ratio = 1 .92: 1 .......... ....... 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'Ag" '12 If "TJ "AIM M foi N N o r t h R", Willi 0 riginal Scale lk� Or: It TI "IT, 1 40' g T', -------------------------- Bassenian I Lagoni CURRENT COLT ROAD ALIGNMENT ARCHITECTURE - PLANNING - INTERIORS Copyright 2022 Bassenian I Lagoni Architects T H E H A V E N L Y S C E N I C 09 . 20 . 22 —---------- ------- --------—----- —-------—-----------——--—---------- 0�, 2031 Orchard Drive,Suite 100 Apache junction, Arizona Newport Beach, CA USA 92660 Note: tel. +1949 553 9100 This yield study is for the purpose of estimating the maximum density of a residential fax+1949 553 0548 0 20 40 80 product type on a site of a given configuration. If specific entitlement requirements differ KEYSTONE I I I ---1 3 3 1 . 2 1070 from the criteria shown on the plan (such as setbacks, minimum lot sizes, street standards, SCALE: 1 40'-0" retention requirements, etc.) then the actual possible density may vary substantially. ORDINANCE NO. 1518 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 FOR A PROPOSED NEW RENTAL COMMUNITY TO BE NAMED "THE HAVENLY SUPERSTITION" LOCATED ON THE PROPERTY DESCRIBED IN REZONING CASE P-21-73-PZ, A REQUEST BY KEYSTONE HOMES, REPRESENTED BY BRENNAN RAY OF BURCH & CRACCHIOLO, FROM GENERAL RURAL LOW DENSITY SINGLE-FAMILY DETACHED RESIDENTIAL ("RS-GR") TO HIGH DENSITY MULTIPLE-FAMILY RESIDENTIAL BY PLANNED DEVELOPMENT ("RM-2/PD") ; REPEALING ANY CONFLICTING PROVISIONS; AND PROVIDING FOR SEVERABILITY. WHEREAS, the submitted planned development ("PD") plan by Keystone Homes (the "Developer") proposes an approximate 166 unit residential rental community to be named "The Havenly Superstition, " located at the southwest corner of East Superstition Boulevard and North Royal Palm Road on an approximately 14 . 77 acres; and WHEREAS, on September 28, 2021, the Apache Junction planning and zoning commission (the "commission") considered the case and continued it to November 23, 2021 to give time to the Developer to conduct a traffic impact analysis; and WHEREAS, on November 23, 2021, the commission voted 4-3 to recommend approval of rezoning case P-21-73-PZ, subject to the submitted conceptual PD plans and the conditions prescribed therein; and WHEREAS, the city council hereby determines that the proposed PD rezoning request conforms to the 2020 Apache Junction General Plan, and to all of the general criteria as specified in Apache Junction City Code, Volume II, Land Development Code, Chapter 1 : Zoning Ordinance, Article 1-5 : Zoning Bulk and Use Regulations, Section 1-5-1, Residential Use Regulations and Article 1-4 : Zoning Districts, Section 1-4-3, Planned Development ("PD") Overlay 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 ORDINANCE NO. 1518 PAGE 1 OF 6 enhancements to the social, built and natural environments in the city; and WHEREAS, pursuant to A.R. S . § 9-462 . 01 (J) , the city council, before adopting any zoning ordinance or text amendment of general applicability, shall consider the probable impact the proposed zoning ordinance or text amendment would have on the cost to construct housing for sale or rent; and WHEREAS, the city council has determined the adoption of this ordinance or text amendment will have no negative impact on the cost to construct housing for sale or rent as delineated under A.R. S . § 9-462 . 01 (1) . 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 : The West half of the Northeast quarter of the Northeast quarter of the Northwest quarter of Section 21, Township 1 North, Range 8 East of the Gila and Salt River Base and Meridian, Pinal County, Arizona, except the portion conveyed in certain warranty deed recorded as 2017-004234, of official records; and The North half of the Southeast quarter of the Northeast quarter of the Northwest quarter of Section 21, Township 1 North, Range 8 East of the Gila and Salt River Base and Meridian, Pinal County, Arizona; and The East half of the Northeast quarter of the Northeast quarter of the Northwest quarter of Section 21, Township 1 North, Range 8 East of the Gila and Salt River Base and Meridian, Pinal County, Arizona be and hereby is amended from General Rural Low Density Single- Family Detached Residential ("RS-GR") to High Density Multiple- Family Residential by Planned Development ("RM-2/PD") subject to the following conditions of approval : ORDINANCE NO. 1518 PAGE 2 OF 6 STANDARD CONDITIONS 1) The development shall reflect substantial compliance and consistency with the city' s Zoning Ordinance and the Planned Development presented with the site plan dated 10/28/21 in case P-21-73-PZ, incorporated by reference herein, and as otherwise specified through these conditions of approval, to include general layout, elevations, lot sizes, setbacks deviations, public and private rights-of-ways, pedestrian trails, amenities, perimeter and interior lot separation walls, model types, landscaping and other improvements . 2) Landscape, screening and irrigation improvements, planted within a minimum 10-foot deep strip inside the net property line (but outside of required walls) along the west, north, and east perimeters of the property, shall be provided in compliance with the city' s landscape and screening requirements contained in Apache Junction City Code, Volume II, Land Development Code, Chapter 1, Zoning Ordinance, Article 1-8, Landscape Regulations . All required trees shall be 24" box and all required shrubs shall be 5-gallon in size and a decorative 6-foot-tall fence shall be constructed as part of said screening. Landscaping around the exterior perimeter, horse trail area, shall be horse-plant friendly. 3) The developer' s engineer shall meet the civil engineering improvement plans and document requirements, as outlined in the previously provided pre-application review comments dated 5/13/21 (P-21-39-PDR) and in accordance with the city' s approved engineering standards that are in effect at the time of plan submittal . 4) Street improvements shall include, but are not necessarily limited to, extension of pavement, sidewalk, curb, gutter, streetlights, underground utilities, fire hydrants, landscaping, all of which are subject to review and approval by the city engineer. ORDINANCE NO. 1518 PAGE 3 OF 6 5) The following right-of-way dedications shall be made: 1 . Along the north side of the property, the south 50 feet of East Superstition Boulevard shall be dedicated as public right-of-way. 2 A 20 foot by 20 foot triangular corner cut-off visibility triangles at the intersections of Superstition/Colt and Superstition/Royal Palm. 3 . The west 25 feet of the property for North Colt Road. 4 . The east 40 feet of the property for North Royal Palm Road. 6) The proposed development will not be age-restricted. 7) All common and amenity areas within and immediately adjacent to the proposed development, including perimeter walls and fences, and interior and exterior common area landscaping, shall be maintained in good condition at all times by the property owner and its successors and assigns . 8) Any major deviation or proposed changes from the original plans associated with this case will require a major PD amendment . PROJECT-SPECIFIC CONDITIONS 9) A 10 foot paseo or trail path connecting this development and the greater neighborhood to the emerging downtown developments planned to the west of this property shall be provided within the open space along the southern property line. 10) The minimum front setback and the minimum rear setback for main structures shall be reduced from 20 feet to 10 feet. 11) Upon approval of the rezoning, the three parcels, 101-19-002B, 101-19-0010, and 101-19-0080, shall be combined through the city' s lot combination process . 12) Prior to execution of any lease, prospective tenants shall provide given written disclosure in their lease and in a separately signed disclosure statement for the signature of each buyer, acknowledging that the development is located adjacent to or nearby existing ORDINANCE NO. 1518 PAGE 4 OF 6 ranchette (s) ; that such uses are legal and should be expected to continue indefinitely; and animal privilege properties that may cause adverse noise, odors, and other externalities . This responsibility for notice rests with the developer and shall not be construed as an absolute guarantee by the City of Apache Junction for receiving such notice. 13) All leases at the development shall provide that all questions, concerns, complaint any tenant may have about the existing ranchette, animal privilege, and agricultural properties shall be solely directed to the property manager or owner of the development and not to the City of Apache Junction or any neighbors . All leases shall also provide that it shall be within the sole and absolute discretion of the property manager or owner of the development (and not the tenant) to determine (after the manger/owner' s due consideration of all related acknowledgements and disclosures that are required by the Zoning Conditions of Approval and consideration of all information known to the manager/owner) whether or not, when, and how to communicate any tenants' questions, concerns, or complaints . 14) All multi-use trails shall be maintained in a clean and orderly manner. SECTION II REPEALING ANY CONFLICTING PROVISIONS : All ordinances and parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. SECTION III PROVIDING FOR SEVERABILITY: If any section, subsection, sentence, phrase, clause or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions thereof. ORDINANCE NO. 1518 PAGE 5 OF 6 PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS DAY OF , 2021 . SIGNED AND ATTESTED TO THIS DAY OF , 2021 . WALTER "CHIP" WILSON Mayor ATTEST: JENNIFER PENA City Clerk APPROVED AS TO FORM: RICHARD JOEL STERN City Attorney ORDINANCE NO. 1518 PAGE 6 OF 6 City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No. 14. File ID: 22-730 Sponsor: Nicholas Leftwich Agenda Date: 11/15/2022 Index: In Control: City Council Meeting Presentation, discussion, public hearing, and consideration of proposed Resolution No. 22-44, a Resolution of the Mayor and City Council of the City of Apache Junction, Arizona, declaring as a public record that certain document filed with the City Clerk and entitled "Legal Descriptions and Zoning Conditions of Case No. P-22-89-PZ Authorized under Ordinance No.1531 for the Planned Development Major Amendment of Ordinance No.1518." City of Apache Junction,Arizona Page 1 Printed on 111812022 City ofApache Junction Development Services Department Date: November 15, 2022 City Council Work Session To: Honorable Mayor and City Council Members Through: Bryant Powell, City Manager Rudy Esquivias, Development Services Director From: Nicholas Leftwich, Planner Subject: November 15, 2022, City Council Public Hearing Items : Ordinance No. 1531 and Resolution No. 22-44 (P-22-89-PZ) Discussion, Presentation, Public Hearing and Consideration of the proposed PD Amendment to Ordinance No. 1518, "The Havenly Superstition" Summary P-22-89-PZ is a request by Keystone Homes for a proposed planned development major amendment of Ordinance No. 1518 to modify the conditions of approval requiring the improvement and dedication of Colt Road. The development proposal of the Havenly Scenic considered in case P-22-88-PZ removes Colt Road for which street, landscaping, and civil improvements had been required in Ordinance No . 1518 and case P-21-73-PZ . As the development of the Havenly Scenic would leave several of these conditions of approval of Ordinance No. 1518 as unfulfilled, the applicant has requested an amendment to Ordinance 1518 to release the developer from the obligations to improve and dedicate Colt Road, subject to the approval of P-22-88-PZ . P&Z Commission Hearing and Recommendation The Planning and Zoning Commission held a public hearing for P-22-89-PZ on October 11, 2022, at which time they voted 5-1 to recommend approval of P-22-89-PZ . Please see the attached staff report and exhibits presented to the Planning and Zoning Commission. The discussion for case P-22-89-PZ was held jointly with the discussion of case P-22-88-PZ . Discussion on the changes to the affected area and neighborhood was focused on the impact of the proposed Havenly Scenic development (P-22-88-PZ) , to which the removal of Colt Road is a subsequent effect. The proposed amendment was not found to have a negative impact on the community. Planning& Zoning- wilding& Sgfety-revenue Development 300 E. Superstition Boulevard o Apache Junction,AZ 85119 * Ph: (480)474-5083 a Fax(480)982-7010 Draft Ordinance No. 1531 was drafted with Planning Staff and the Planning and Zoning Commission' s recommendation for approval . Resolution No. 22-44 adopts the document entitled "Legal Descriptions and Zoning Conditions of Case No. P-22-89-PZ Authorized under Ordinance No. 1531 for the Planned Development Major Amendment of Ordinance No. 1518 . " as public record. This document contains the parcel descriptions and conditions of approval referenced in Draft Ordinance No. 1531 . City Council Discussion on November 1, 2022 The City Council reviewed case P-22-89-PZ for presentation and discussion on November 1, 2022 . No questions specific to P-22-89-PZ were raised. Attached: - Draft Ordinance No. 1531 - Draft Resolution No. 22-44 - Legal Descriptions and Zoning Conditions of Case No. P-22- 89-PZ Authorized under Ordinance No. 1531 for the Planned Development Major Amendment of Ordinance No. 1518 - Staff report and attachments presented to P&Z on 10-11-22 Planning& Zoning—Building& Sqfety—Revenue Development 300 E. Superstition Boulevard * Apache Junction,AZ 85119 * Ph: (480)474-5083 a Fax (480)982-7010 RESOLUTION NO. 22-44 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, DECLARING AS A PUBLIC RECORD THAT CERTAIN DOCUMENT FILED WITH THE CITY CLERK AND ENTITLED "LEGAL DESCRIPTIONS AND ZONING CONDITIONS OF CASE NO. P-22-89-PZ AUTHORIZED UNDER ORDINANCE NO. 1531 FOR THE PLANNED DEVELOPMENT MAJOR AMENDMENT OF ORDINANCE NO. 1518"; REPEALING ANY CONFLICTING PROVISIONS; AND PROVIDING FOR SEVERABILITY. WHEREAS, Keystone Homes, represented by Brennan Ray of Burch & Cracchiolo, P.A, submitted for a planned development major amendment of Ordinance No. 1518 to remove the conditions of approval requiring the dedication and improvement of N. Colt Roadin case P-22-89-PZ, which case was presented to the planning and zoning commission on October 11, 2022 and forwarded with a vote of 5 : 1 for approval to council at its November 15, 2022 public hearing; and WHEREAS, Arizona Revised Statutes Annotated (hereinafter "A.R. S . ") § 9-802 permits municipalities to enact the provisions of a code or public record in existence without setting forth such provisions in full text as long as the adopting ordinance is published in full text, and one paper copy is filed with the city clerk and an electronic copy is accessible on the city' s website, with both made available for public use and inspection; and WHEREAS, pursuant to A.R. S . §§ 9-801 (1) and 9-802, such codes include zoning conditions approved in zoning case amendments; and WHEREAS, city staff has identified such provisions herein, and it is the intent of the city to declare such documents and compilations as public records, on file in the office of the city clerk; and WHEREAS, that certain document "Legal Descriptions and Zoning Conditions of Case No . P-22-89-PZ Authorized Under Ordinance No. 1531 for the Planned Development Major Amendment of Ordinance No. 1518" includes the legal descriptions for the parcels and the amended conditions of approval for the planned development of the properties identified in case P-22-89-PZ . RESOLUTION NO. 22-44 PAGE 1 OF 2 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA AS FOLLOWS : SECTION I IN GENERAL 1 . That certain document entitled the "Legal Descriptions and Zoning Conditions of Case No. P-22-89-PZ Authorized Under Ordinance No . 1531 for the Planned Development Major Amendment of Ordinance No. 1518" of which at least one paper copy is on file with the city clerk and one electronic copy of which is accessible on the city' s website (www . apachejunctionaz .gov) , is hereby declared to be a public record, and shall be made available for public use and inspection. SECTION II REPEALING ANY CONFLICTING PROVISIONS All resolutions and parts of resolutions in conflict with the provisions of this resolution or any part of the codes adopted herein, are hereby repealed. SECTION III -PROVIDING FOR SEVERABILITY If any section, subsection, sentence, phrase, clause or portion of this resolution or any part of the codes or regulations adopted herein is for any reason held to be invalid or unconstitutional 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 15TH DAY OF NOVEMBER, 2022 . SIGNED AND ATTESTED TO THIS DAY OF r 2022 . WALTER "CHIP" WILSON Mayor ATTEST: JENNIFER PENA City Clerk APPROVED AS TO FORM: RICHARD JOEL STERN City Attorney RESOLUTION NO. 22-44 PAGE 2 OF 2 LEGAL DESCRIPTIONS AND ZONING CONDITIONS OF CASE NO . P-22-89-PZ AUTHORIZED UNDER ORDINANCE NO . 1531 FOR THE PLANNED DEVELOPMENT MAJOR AMENDMENT OF ORDINANCE NO . 1518 . 1 A) The mayor and council passed Ordinance No . 1531 on November 15, 2022, which approved the planned development major amendment of the Planned Development Ordinance No. 1518, previously approved on December 7, 2021 in the planned development rezoning case P-21-73-PZ, amending the planned development of three (3) parcels located at the southwest corner of E. Superstition Boulevard and N. Royal Palm Road, Apache Junction, Arizona, legally described as follows : Parcel No. 1 (APN 101-19-002B) : The West half of the Northeast quarter of the Northeast quarter of the Northwest quarter of Section 21, Township 1 North, Range 8 East of the Gila and Salt River Base and Meridian, Pinal County, Arizona, except the portion conveyed in certain warranty deed recorded as 2017-004234, of official records; and Parcel No. 2 (APN 101-19-0080) : The North half of the Southeast quarter of the Northeast quarter of the Northwest quarter of Section 21, Township 1 North, Range 8 East of the Gila and Salt River Base and Meridian, Pinal County, Arizona; and Parcel No. 3 (APN 101-19-0010) : The East half of the Northeast quarter of the Northeast quarter of the Northwest quarter of Section 21, Township 1 North, Range 8 East of the Gila and Salt River Base and Meridian, Pinal County, Arizona B) The amended planned development approval is subject to the following zoning conditions : 1) The development shall reflect substantial compliance and consistency with the city' s Zoning Ordinance and the Planned Development presented with the site plan dated 10/28/21 in case P-21-73-PZ, incorporated by reference herein, and as otherwise specified through these conditions of approval, to include general layout, elevations, lot sizes, setbacks deviations, public and private rights-of-ways, pedestrian trails, amenities, perimeter and interior lot separation walls, model types, landscaping and other improvements, with exception to the dedication and street improvements 2 indicated on Colt Road. 2) Landscape, screening and irrigation improvements, planted within a minimum 10-foot deep strip inside the net property line (but outside of required walls) along the north and east perimeters of the property, shall be provided in compliance with the city' s landscape and screening requirements contained in Apache Junction City Code, Volume II, Land Development Code, Chapter 1, Zoning Ordinance, Article 1-8, Landscape Regulations . All required trees shall be 24" box and all required shrubs shall be 5-gallon in size and a decorative 6- foot-tall fence shall be constructed as part of said screening. Landscaping around the exterior perimeter, horse trail area, shall be horse-plant friendly. 3) The developer' s engineer shall meet the civil engineering improvement plans and document requirements, as outlined in the previously provided pre-application review comments dated 5/13/21 (P-21-39-PDR) and in accordance with the city' s approved engineering standards that are in effect at the time of plan submittal, with exception to the to the dedication and street improvements indicated on Colt Road and the twenty foot by twenty foot (20' x 20' ) cutoff corner sight visibility triangle at the intersection of Superstition and Colt. 4) Street improvements shall include, but are not necessarily limited to, extension of pavement, sidewalk, curb, gutter, streetlights, underground utilities, fire hydrants, landscaping, all of which are subject to review and approval by the city engineer. 5) The following right-of-way dedications shall be made: 1 . Along the north side of the property, the south 50 feet of East Superstition Boulevard shall be dedicated as public right-of-way. 2 . A 20 foot by 20 foot triangular corner cut-off visibility triangles at the intersections of Superstition and Royal Palm. 3 . The east 40 feet of the property for North Royal Palm Road. 3 6) The proposed development will not be age-restricted. 7) All common and amenity areas within and immediately adjacent to the proposed development, including perimeter walls and fences, and interior and exterior common area landscaping, shall be maintained in good condition at all times by the property owner and its successors and assigns . 8) Any major deviation or proposed changes from the original plans associated with this case will require a major PD amendment. 9) A 10 foot paseo or trail path connecting this development and the greater neighborhood to the emerging downtown developments planned to the west of this property shall be provided within the open space along the southern property line. 10) The minimum front setback and the minimum rear setback for main structures shall be reduced from 20 feet to 10 feet. 11) Upon approval of the rezoning, the three parcels, 101-19-002B, 101-19-0010, and 101-19-0080, shall be combined through the city' s lot combination process . 12) Prior to execution of any lease, prospective tenants shall provide given written disclosure in their lease and in a separately signed disclosure statement for the signature of each buyer, acknowledging that the development is located adjacent to or nearby existing ranchette (s) ; that such uses are legal and should be expected to continue indefinitely; and animal privilege properties that may cause adverse noise, odors, and other externalities . This responsibility for notice rests with the developer and shall not be construed as an absolute guarantee by the City of Apache Junction for receiving such notice . 13) All leases at the development shall provide that all questions, concerns, complaint any tenant may have about the existing ranchette, animal privilege, and agricultural properties shall be solely directed to the property manager or owner of the development and not to the City of Apache Junction or any neighbors . All 4 leases shall also provide that it shall be within the sole and absolute discretion of the property manager or owner of the development (and not the tenant) to determine (after the manger/owner' s due consideration of all related acknowledgements and disclosures that are required by the Zoning Conditions of Approval and consideration of all information known to the manager/owner) whether or not, when, and how to communicate any tenants' questions, concerns, or complaints . 14) All multi-use trails shall be maintained in a clean and orderly manner. 5 City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No. 15. File ID: 22-670 Sponsor: Michael Pooley Agenda Date: 11/15/2022 Index: In Control: City Council Meeting Presentation, discussion, and consideration of rejection of bids made by Tyler Technologies and Capers North America and approval of contract award to Mark 43 for RFP#23001 Computer Aided Dispatch/Public Safety Software Solution, Records Management System, and Mobile Field Reporting Software for 1 year in the amount of$490,645.00 with four additional automatic one-year renewals of$269,062.00 for a total not to exceed $1,566,893.00. Funding from the American Rescue Plan Act of 2021 will be used for this procurement. This item was presented and discussed at the city council meeting held November 1, 2022. City of Apache Junction,Arizona Page 1 Printed on 111812022 City of Apache Junction Home of the Superstition Mountains DATE: October 17, 2022 TO: Mayor and City Council THROUGH: Bryant Powell, City Manager FROM: Michael Pooley, Chief of Police Kimberly Heldt, Purchasing Administrator SUBJECT: Computer Aided Dispatch ("CAD")/Public Safety Software Solution, Records Management ("RMS"), and Mobile Field Reporting Software with Mark43 The Apache Junction Police Department's ("AJPD") current Computer Aided Dispatch ("CAD") and Records Management System ("RMS") needs updating and replacement due to the limited level of functionality offered by the current system and aging hardware and software. AJPD needs a system that allows end users to better analyze public safety trends, link crime and events, identify suspects and improve the quality of field reporting and statistical reporting. To meet the needs of the AJPD, the city issued a Notice Inviting Bid Proposals #23001, on April 20, 2022,with a reply deadline of May 25, 2022, at 2:00 p.m.Three bids were received as follows: Capers North America $ 377,000.00 Mark43 $1,566,893.00 Tyler Tech $1,488,135.00 Staff reviewed the proposals for proven technical ability, qualifications/experience, proposed solution/method of approach and pricing. Mark43 was deemed the most responsive and responsible bidder. Staff requests council award the contract to Mark43 for a period of one year in the amount of $490,645.00, with four (4) additional automatic one-year renewals in the amount of $269,062.00, for a of total five (5) years with a grand total of $1,566,893.00. The funds for this project are allocated in fiscal year 2022-2023 with the use of American Rescue Plan Act of 2021 ("ARPA") revenues made available by the Federal government. SOFTWARE LICENSE AND SERVICES AGREEMENT This Software License and Services Agreement (this "Agreement") is effective as of 2022 (the "Effective Date") by and between Mark43, Inc. ("Mark43"), with a place of business at 250 Hudson Street, 31 Floor, New York, NY 10013, and the City of Apache Junction ("Subscriber"),with a place of business at 300 E Superstition Blvd.,Apache Junction,AZ 85119. For good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. DEFINITIONS. 1.1 "Affiliate" means,with respect to any entity, any other entity who, directly or indirectly, through one or more intermediaries, controls, is controlled by, or is under common control with,such entity. The term"control"means the possession,directly or indirectly,of the power to direct or cause the direction of the management and policies of an entity,whether through the ownership of voting securities, by contract or otherwise. 1.2 "Affiliated Agency" means any other government agency to which Subscriber is legally or contractually bound to share information. 1.3 "Applicable Law(s)" means, with respect to any party, any federal, state or local statute, law, ordinance, rule, administrative interpretation, regulation, order, writ, injunction, directive,judgment, decree or other requirement of any international,federal, state or local court, administrative agency or commission or other governmental or regulatory authority or instrumentality, domestic or foreign, applicable to such party or any of its properties,assets or business operations. 1.4 "Applications"means the applications purchased by Subscriber as described in Schedule E. 1.5 "Authorized Users"means employees of Subscriber and any Affiliated Agency who are authorized to access and use the Applications through the applicable security designation(s), pursuant to which full or limited access to the applicable Applications may be granted. 1.6 "Documentation" means the knowledge base for the SaaS Services to which Subscriber will be granted access by Mark43. 1.7 "Go Live" means the date of cutover to each respective Mark43 Application. 1.8 "Integrated Application" means a third-party product, database or application requested by Subscriber and approved by Mark43 that will be installed, linked or enabled by Subscriber for use in connection with the SaaS Services(e.g. NCIC). 1.9 "Integrated Application Data"means all data,information,content and other materials stored on an Integrated Application. 1.10 "Integrated Application Provider" means any third party, including other vendors, state agencies and local agencies,that control products and/or databases with which Mark43 SaaS Services are to be interfaced. 1.11 "Intellectual Property Rights" means all intellectual and industrial property rights, whether now existing or existing in the future, including without limitation, (i)all patent rights, including any rights in pending patent applications and any related rights; (ii)all copyrights and other related rights throughout the world in works of authorship, including all registrations and applications therefor; (iii)all trademarks, service marks, trade dress or other proprietary trade designations, including all registrations and applications therefor (iv)all rights throughout the world to proprietary know-how, trade secrets and other confidential information,whether arising by law or pursuant to any contractual obligation of non-disclosure; and (v)all other rights covering industrial or intellectual property recognized in any jurisdiction. 1.12 "Professional Services" means any implementation, training, project management, consulting and other services(outside the scope of the Support Services)that are described in a Statement of Work. 1.13 "SaaS Services"means the software as a service,to include the Applications,Software,and related hosting, maintenance and/or support services made available by Mark43 for remote access and use by Subscriber, including any Documentation thereto. 1.14 "Services"means the services provided or required to be provided by or through Mark43, including without limitation, SaaS Services and Professional Services. 1 1.15 "Software" means the object code version of Mark43's computer software and all Updates made available by Mark43 to Subscriber under this Agreement. 1.16 "Statement of Work"means a detailed plan of work to be agreed by the Parties in conjunction with this Agreement. 1.17 "Subscriber Data"means all data, information,content and other materials stored or transmitted by Subscriber and any Authorized User through the SaaS Services(i)in their user accounts;and(ii)on any Integrated Application, excluding any Third-Party Data and any Mark43 data. 1.18 "Term"means the Initial Term and any Renewal Terms. 1.19 "Third-Party Component" means a third-party application incorporated in, integrated with or accessed through the SaaS Services(e.g. a mapping provider). 1.20 "Third-Party Data"means any data,information,content and other materials made available by any third party, including without limitation through a Third-Party Component. 1.21 "Updates"means any and all new releases, new versions, patches and other updates for the SaaS Services that Mark43 makes generally available without additional charge to its other subscribers of the SaaS Services. 1.22 "Website"means any Internet website through which Mark43 provides the SaaS Services under this Agreement. 1.23 "Work Product"means all materials,software,tools,data, inventions,works of authorship and other innovations of any kind that Mark43, or personnel working for or through Mark43, may make, conceive, develop or reduce to practice, alone or jointly with others, in the course of performing Professional Services or as a result of such Professional Services,whether or not eligible for patent, copyright,trademark,trade secret or other legal protection. 2. PROVISION OF THE SERVICES AND SOFTWARE. 2.1 SaaS Services. Subject to the terms of this Agreement,and during the Term,Mark43 hereby grants a non-exclusive, non-transferable, non-sublicensable license to Subscriber and its Authorized Users to access and use the SaaS Services through the Website for Subscriber's internal purposes and in accordance with the terms and conditions of this Agreement. Mark43 will be responsible for hosting the Website, and Subscriber and its Authorized Users will be responsible for obtaining internet connections and other third-party software, hardware and services necessary for it to access the Website through the internet, including as set forth at https:Hmark43.zendesk,com/hc/en- us/articles/4409396353381-Technical-Reguirements-for-Mark43-A alications, which may be updated from time to time upon reasonable advance notice (email acceptable) to Subscriber. Subscriber will be responsible to Mark43 for compliance with the restrictions on use and other terms and conditions of this Agreement by any of its Authorized Users. 2.2 Professional Services. Mark43 will provide Professional Services in connection with the SaaS Services as further described on Schedule E and the Statement of Work. To the extent any Professional Services involve the development of any customization or configuration to the SaaS Services, all Intellectual Property Rights to such customization or configuration will be solely owned by Mark43 and will be deemed to be included in the definition of SaaS Services and licensed to Subscriber on the terms set forth herein. 2.3 Access to Documentation. Mark43 will provide Subscriber via the Website or other means with access to the Documentation,as may be updated from time to time. Subscriber may print copies of, use, and permit its Authorized Users to use,the Documentation solely in connection with the use of the SaaS Services. 2.4 Support Services. Subject to the terms and conditions of this Agreement, Mark43 will provide to Subscriber the support services detailed on Schedule A(the"Support Services"). 2.5 Restrictions on Use. Subscriber and its Authorized Users will not(and will not permit any third party to):(i)share Subscriber's or any Authorized User's login credentials;(ii)reverse engineer,decompile, disassemble, or otherwise attempt to discern the source code, underlying ideas, algorithms, file formats, or interface protocols of the SaaS Services or of any files contained in or generated by the SaaS Services; (iii) copy, modify, adapt or translate the SaaS Services or the Third-Party Data, or otherwise make any use, resell, distribute or sublicense the SaaS Services or the Third-Party Data other than in connection with this Agreement; (iv) make the SaaS Services available on a "service bureau"basis or allow any third parties to use the SaaS Services; (v)disclose the SaaS Services or 2 any of its components to third parties; (vi) remove or modify any proprietary marking or restrictive legends placed on the SaaS Services or the Third-Party Data; (vii) use the SaaS Services or the Third-Party Data in violation of any Applicable Law; (viii) create or augment any mapping-related dataset (including a mapping or navigation dataset, business listings database, mailing list, or telemarketing list)for use in an implementation that is not connected to the Services; (ix) introduce into the Services any viruses,worms,defects,Trojan horses, malware,or any items of a destructive nature; (x) use the Services to post advertising or listings; (xi) use the Services to defame, abuse, harass, stalk,or threaten others; (xii)permit access or use of the Services by any individual outside the United States; (xiii)hide or obscure any Authorized User's location; (xiv)permit access or use of the Services,for any activities other than to enhance Subscriber's own services,where reliance solely on, or failure to use, the Services could lead to death, personal injury, or property damages. Subscriber and its Authorized Users will not access the SaaS Services if in direct competition with Mark43,and will not allow access to the SaaS Services by any party who is in direct competition with Mark43, except with Mark43's prior written consent. Subscriber shall comply with additional restrictions on use of the Services in accordance with the Third-Party Component Terms. 2.6 Security Obligations. Subscriber agrees it and its Authorized Users shall securely manage their respective password(s) for access to the SaaS Services. Subscriber agrees it shall notify Mark43 promptly in the event it becomes aware of any unauthorized access or use of the SaaS Services, or of any of its or its Authorized Users passwords or accounts.Unless expressly stated otherwise in this Agreement,a single username or password may not be used by more than one(1)Authorized User. In addition, Authorized Users may log into the SaaS Services from only one location at any given time; concurrent usage (or sign in) under a single username is prohibited, unless Subscriber has a business justification for concurrent usage, in which case Subscriber is responsible for providing approval for such usage to the applicable Authorized Users.Subscriber is responsible for all activities conducted within user accounts in use of the SaaS Services. Subscriber shall comply with all applicable local, state, federal and regional or other laws and regulations applicable in connection with use of the SaaS Services, including all those related to data privacy and the transmission of technical or personal data. Subscriber agrees to (a) provide true, accurate, current and complete registration data for each account it creates via the SaaS Services, and (b) maintain and promptly update the registration data to keep it true, accurate, current and complete. 2.7 Changes to Services. Mark43 may make changes and Updates to its Services, provided that it does not materially derogate the overall quality of the Services. Mark43 does not guarantee that the Services are or will remain compatible with any particular third-party software or equipment,and may, upon written notice, terminate its support for, any software or equipment of Subscriber that Mark43 determines are incompatible with the operation of the Services. 2.8 Data Sharing. Mark43 will allow Subscriber to grant other agencies specified levels of access to Subscriber Data pursuant to an executed data-sharing agreement between agencies, and with permissions subject to the parameters laid out in the relevant data-sharing agreement. Subscriber shall provide Mark43 with a copy of the executed data-sharing agreement prior to allowing any such data-sharing. As between Mark43 and Subscriber, Subscriber will be solely responsible for any liabilities that arise as a result of such data-sharing. 3. PROPRIETARY RIGHTS; SUBSCRIBER DATA. 3.1 Ownership of Subscriber Data. As between Mark43 and Subscriber, Subscriber owns the Subscriber Data. Mark43 will have, and Subscriber hereby grants and agrees to grant to Mark43,a royalty-free, worldwide, transferable, sublicensable, irrevocable, perpetual license to use the Subscriber Data to configure and/or provide the SaaS Services, Software, Support Services and Professional Services to Subscriber, and/or to prevent or address service or technical problems, in accordance with this Agreement and the Documentation, or otherwise in accordance with Subscriber's requests or instructions. Mark43 may also use Subscriber Data in anonymized and/or aggregated form to develop analytics that may be used to provide products and services to Subscriber and/or to other Mark43 customers, provided that: (a) Mark43 makes available to Subscriber functionality and services based on anonymized data obtained from other Mark43 customers that are similar to the functionality and services provided to such other customers based on the anonymized data; and(b)Mark43 may not sell or offer for sale any Subscriber Data,whether in Subscriber identifiable, or anonymized and aggregated form. Mark43 shall comply with its obligations under all Applicable Laws in its provision of the Services and use of Subscriber Data. 3.2 Ownership and Reservation of Rights to Mark43 Intellectual Property. As between Mark43 and Subscriber, Mark43, its Affiliates and/or its licensors own all right, title and interest in and to the Services, Software, Work Product and all related technology and Intellectual Property Rights. 3 Subject to the limited rights expressly granted hereunder, and except with respect to Third-Party Components, Mark43 reserves all rights,title and interest in and to the Services,Software,and Work Product, including all related technology and Intellectual Property Rights. No rights are granted to Subscriber hereunder other than as expressly set forth in this Agreement or as required by Applicable Law. 3.3 Subscriber Feedback. Subscriber and its Authorized Users may elect to provide Mark43 with suggestions, enhancement requests, recommendations and other feedback concerning the SaaS Services, Software, Support Services or Professional Services (the "Subscriber Feedback"). Subscriber hereby assigns and agrees to assign all Subscriber Feedback to Mark43 without lien or encumbrance and agrees that Subscriber Feedback will be the sole property of Mark43 and that Mark43 may use Subscriber Feedback in its discretion without obligation to Subscriber. Mark43 has no obligation to make Subscriber Feedback an improvement. For the avoidance of doubt,Subscriber Feedback does not constitute Confidential Information of Subscriber hereunder. 3.4 Usage Data. Mark43 may collect certain information in connection with Subscriber's access to or use of the Services,such as access records,date and time stamps,transaction and activity records and system performance data("Usage Data"). Mark43 may use Usage Data to deliver and manage its products and services,perform maintenance and support,and develop,test,analyze,and improve the Services and other Mark43 products and services, and generate statistical data about usage of its products and services. As between Mark43 and Subscriber, Mark43 owns the Usage Data. 3.5 Data Security. Terms applicable to the privacy and security of Subscriber Data are set forth in the Data Processing Addendum attached as Schedule D hereto(the"Data Processing Addendum"). 4. THIRD-PARTY COMPONENTS AND INTEGRATED APPLICATIONS. 4.1 Third-Party Components. Third-Party Components may be made available to Subscriber through the SaaS Services. In connection with the functionality provided by and/or through Third-Party Components, Subscriber hereby accepts and agrees to be bound by the terms and conditions set forth in Schedule C, which may be updated from time to time upon notice (email acceptable) to Subscriber (the "Third-Party Component Terms"). In the event of any inconsistency or conflict between the Third-Party Component Terms and the terms of this Agreement, the Third-Party Component Terms shall govern with respect to Subscriber's access to and use of the applicable Third-Party Component. 4.2 Integrated Applications. To the extent Subscriber installs, links to or enables any Integrated Application for use with the SaaS Services, Subscriber grants and agrees to grant (and will cause the applicable Integrated Application Provider to grant) to Mark43 permission to access, retrieve, view, store, copy, modify and process Integrated Application Data from Subscriber's existing account(s)on each such Integrated Application to the extent necessary to facilitate the interoperation of such Integrated Application with the SaaS Services. To the extent Subscriber requires an Integrated Application Provider's assistance to install, link to or enable any Integrated Application for use with the SaaS Services, Subscriber shall separately contract with each such Integrated Application Provider for any such assistance. In no event will Mark43 be responsible for any Integrated Application or Integrated Application Data, or for any failure of an Integrated Application to properly interoperate with the SaaS Services; provided, however, to the extent that Mark43 creates, pursuant to the Statement of Work, an interface for an Integrated Application hereunder, Mark43 shall be responsible for such interface only, subject to the terms and conditions of this Agreement and the applicable Statement of Work. Mark43 may at any time, in its sole reasonable discretion, including upon the request of an Integrated Application Provider or due to an actual or potential security threat, disable any connection between an Integrated Application and the Applications, and any access, retrieval and viewing of Integrated Application Data via the Applications. For the avoidance of doubt, Subscriber's access to and use of Integrated Applications and Integrated Application Data shall be subject to the terms and conditions of Subscriber's agreement(s)with the applicable Integrated Application Provider. 5. FEES AND PAYMENT TERMS. 5.1 Fees for the Services. Subscriber will pay the fees as stated in Schedule E (the"Fees")attached hereto in accordance with the payment schedule set forth in Schedule E. All Fees due hereunder will be due and payable by Subscriber within thirty (30) calendar days of the invoice date. All payments of Fees are non-refundable. All amounts stated in this Agreement or on any invoice are in U.S.dollars,and all payments will be made in U.S.dollars. 4 5.2 Overdue Payments. Any payment not received from Subscriber by the due date shall accrue late charges at the rate of 1.5%of the outstanding balance per month,or the maximum rate permitted by Applicable Law,whichever is lower,from the date such payment was due until the date paid. 5.3 Taxes. Subscriber will pay all taxes, including sales, use, excise, and other governmental fees, duties, and charges (and any penalties, interest, and other additions thereto)that are imposed on Subscriber or Mark43 with respect to the transactions and payments under this Agreement(excluding taxes based on Mark43's income or employment) ("Indirect Taxes"). All Fees are exclusive of Indirect Taxes. If any such taxes are required to be withheld on any payment, Subscriber will pay such additional amounts as are necessary so that the net amount received by Mark43 is equal to the amount then due and payable under this Agreement. 6. TERM AND TERMINATION. 6.1 Term. (a) Initial Term. The initial term of this Agreement begins on the Effective Date and will continue for the period set forth on Schedule E, unless and until terminated in accordance with Section 6.2 (the"Initial Term"). (b) Renewal Terms. Upon expiration of the Initial Term or any Renewal Term, this Agreement will automatically renew for successive periods as set forth on Schedule E(each,a"Renewal Term") at the rates set forth on Schedule E, unless either party provides the other with written notice of non-renewal at least thirty(30)calendar days prior to the expiration of the then-current term. 6.2 Termination; Suspension of Services. (a) Termination for Breach by Either Party. Either party may terminate this Agreement upon written notice to the other party, if the other party breaches a material term of this Agreement and such breach remains uncured for thirty(30)calendar days after the other party's receipt of such notice. The parties acknowledge and agree that the target Go Live date for the Applications is February 1, 2024 and that any failure to meet such target that is solely the fault of Mark43 shall constitute a breach of a material term of this Agreement;provided that Mark43 shall have the opportunity to update such target date should the scope of work hereunder be adjusted following the Effective Date. (b) Termination for Non-Appropriation. Subscriber's payment obligation under this Agreement extends only to funds appropriated annually by Subscriber or Subscriber's governing body for the purpose of this Agreement. For each succeeding fiscal period covered by this Agreement, Subscriber or other applicable agency or department responsible for this Agreement agrees to include in its budget request appropriations sufficient to cover the annual financial obligations under this Agreement. If Subscriber is appropriated insufficient funds to continue annual payments under this Agreement, Subscriber may terminate this Agreement by giving Mark43 not less than thirty(30)calendar days' prior written notice. Upon termination under this paragraph, Mark43 shall be entitled to compensation for all Services rendered prior to the effective termination date, plus any prepaid Fees, as well as reimbursement for reasonable costs actually incurred in closing out this Agreement. (c) Suspension of Services. To the extent permitted by Applicable Law,in addition to any other rights or remedies it may have under this Agreement or by Applicable Law, Mark43 may immediately suspend provision of the Services without liability to Subscriber: (a) if Subscriber's account is more than sixty (60) days past due, until paid in full; (b) if Subscriber breaches Section 2.5 (Restrictions on Use)or Section 2.6(Security Obligations);(c)to avoid harm or liability to Mark43, its Affiliates or its other customers, including in the case of denial of service attacks or other disruptions; or (d) if required by Applicable Law or requested by a governmental authority. Subscriber shall remain liable for any fees and other amounts payable under this Agreement during any period of suspension. Mark43 will use commercially reasonable efforts to restore Subscriber's rights to use and access those portions of the Services or accounts that gave rise to the suspension promptly after Subscriber has resolved the problem giving rise to the suspension. 6.3 Effect of Termination. In the event of any termination or expiration of this Agreement, (a) Subscriber will pay Mark43 all amounts payable hereunder as of the termination or expiration date; 5 (b) all rights and licenses granted hereunder to Subscriber (as well as all rights granted to any Authorized Users of Subscriber)will immediately cease, including but not limited to all use of the SaaS Services;and (c) Mark43 will provide records to Subscriber in accordance with its transition assistance services ("Transition Assistance")as set forth in Schedule B. (d) Subscriber will, upon written request of Mark43, either return to Mark43 or provide Mark43 with written certification of the destruction of, all documents, computer files and other materials containing any Confidential Information of Mark43 that are in Subscriber's possession or control. 6.4 Survival. The following provisions will survive any termination or expiration of this Agreement: Section 3.1 ("Ownership of Subscriber Data"), Section 4 ("Third-Party Components and Integrated Applications"), Section 6.3 ("Effect of Termination"), Section 7 ("Confidentiality"), Section 8.2 ("Disclaimer"), Section 9 ("Limitation of Liability"), Section 10 ("Indemnification"), Section 11 ("Miscellaneous"), Schedule B("Transition Assistance")and this Section 6.4("Survival"). 7. CONFIDENTIALITY. 7.1 Definition of Confidential Information. For the purposes of this Agreement, "Confidential Information" means: (a)with respect to Mark43, the SaaS Services, and any and all source code relating thereto,as well as Documentation and non-public information or material regarding Mark43's legal or business affairs,financing,customers,properties or data,and(b)with respect to Subscriber, any non-public information or material regarding Subscriber's legal or business affairs, financing, customers, properties or data. Notwithstanding any of the foregoing, Confidential Information does not include information which: (i) is or becomes public knowledge without any action by, or involvement of,the party to which the Confidential Information is disclosed (the"Receiving Party"); (ii)is documented as being known to the Receiving Party prior to its disclosure by the other party(the "Disclosing Party"); (iii) is independently developed by the Receiving Party without reference or access to the Confidential Information of the Disclosing Party and is so documented; or (iv) is obtained by the Receiving Party without restrictions on use or disclosure from a third person who did not receive it,directly or indirectly,from the disclosing party. 7.2 Use and Disclosure of Confidential Information. The Receiving Party will, with respect to any Confidential Information disclosed by the Disclosing Party before or after the Effective Date: (i)use such Confidential Information only in connection with the Receiving Party's performance of this Agreement;(ii)subject to Section 7.4 below,restrict disclosure of such Confidential Information within the Receiving Party's organization to only those of the Receiving Party's employees and independent contractors who have a need to know such Confidential Information in connection with the Receiving Party's performance of this Agreement and (iii) except as provided herein, not disclose such Confidential Information to any third party unless authorized in writing by the Disclosing Party to do so. 7.3 Protection of Confidential Information. The Receiving Party will protect the confidentiality of any Confidential Information disclosed by the Disclosing Party using at least the degree of care that it uses to protect its own confidential information(but no less than a reasonable degree of care). 7.4 Employee and Independent Contractor Compliance. The Receiving Party will, prior to providing any employee or independent contractor access to any Confidential Information of the Disclosing Party,inform such employee or independent contractor of the confidential nature of such Confidential Information and require such employee or independent contractor to comply with the Receiving Party's obligations hereunder with respect to such Confidential Information. 7.5 Compelled Disclosure. A disclosure by one party of Confidential Information of the other party to the extent required by Applicable Law will not be considered a breach of this Agreement, provided the party so compelled promptly provides the other party with prior notice of such compelled disclosure (to the extent legally permitted)and provides reasonable assistance, at the other party's cost, if the other party wishes to contest the disclosure. 7.6 Public Records. (a) For purposes of this Section 7(Confidentiality),the term"Public Records Request"shall mean any request for the disclosure of records pursuant to a state public records law or"sunshine"law, federal Freedom of Information Act or other comparable law. (b) To the extent Subscriber is subject to a Public Records Request that seeks the disclosure of any information or materials provided by Mark43 to Subscriber prior to or during the Term (including 6 without limitation this Agreement), Subscriber shall, prior to any disclosure, promptly notify Mark43 of such Public Records Request (to the extent legally permitted to do so) and provide reasonable assistance, at Mark43's cost, if Mark43 wishes to contest the disclosure. Subscriber shall also identify for Mark43 the information or materials it intends to disclose, and provide Mark43 at least ten(10)calendar days to review prior to disclosure,or if such time is not available or permitted under Applicable Law,at least as much time as would be reasonable to allow Mark43 to meaningfully review and seek appropriate relief. For the avoidance of doubt, and without limiting the foregoing, Subscriber hereby acknowledges that Mark43 shall have no implicit or explicit obligation to challenge,oppose or defend against any request described herein. 7.7 CJIS Standards; Employee Background Checks. (a) Subscriber understands and agrees that Mark43 utilizes third-party vendors (each, a "Hosting Provider")to host the SaaS Services. (b) Subscriber may request reasonable records from Mark43 from time to time to assess Mark43's adherence to requirements of the applicable CJIS Security Policy promulgated by the FBI. For the avoidance of doubt, Subscriber may need the consent of Hosting Provider to obtain any records or information from Hosting Provider. (c) Subscriber will have the opportunity to run, at Subscriber's expense, reasonable background checks on Mark43 employees that will have direct access to Subscriber Data in Subscriber's production environment(such employees,the"Covered Employees"),provided that Mark43 may assume that a Covered Employee has been cleared by Subscriber if Mark43 does not receive an adverse response from Subscriber within thirty(30)days of a submission of a background check request. 8. REPRESENTATIONS AND WARRANTIES. 8.1 Power and Authority. Each party represents and warrants that it has the full right, power and authority to enter into this Agreement and to discharge its obligations hereunder and that the person signing this Agreement on behalf of the party has the authority to bind that party. Subscriber represents and warrants that it has obtained,and shall have,all necessary approvals,consents,and authorizations necessary for procurement under this Agreement and that its obligations under this Agreement do not, and shall not, exceed any budget authority limitations, during the Term of this Agreement. 8.2 Disclaimer. Use of the applications is not, and is not intended to be, a substitute for the professional judgment of authorized parties,including dispatchers,law enforcement officers, investigators or first responders. The applications are provided for informational purposes only and the data provided by Mark43 therein (including any Third-Party Data) should not replace other emergency information and should not be exclusively relied-upon in an emergency scenario. Subscriber shall be responsible for all its own actions or failure to act in connection with the Applications, including with respect to compliance with applicable laws, and Mark43 assumes no responsibility or risk for subscriber's use or misuse of, or failure to use, the information provided through the applications. Subscriber acknowledges that the applications do not provide legal advice. To the maximum extent permitted by applicable law,Mark43 makes no warranties of any kind, whether express, implied, statutory or otherwise, and specifically disclaims all implied warranties,including any warranties of merchantability or fitness for a particular purpose with respect to the Applications. Mark43 does not warrant that the service will be error free or uninterrupted or that Subscriber Data will be secure or not lost or damaged. The limited warranties provided herein are the sole and exclusive warranties provided to Subscriber in connection with the provision of the services. Mark43 shall not be liable for delays, interruptions, service failures or other problems inherent in the use of the internet and electronic communications or other systems outside its reasonable control, including any harm or damages caused by its Hosting Providers. Mark43 makes no representations or warranties whatsoever with respect to any Third-Party Data, Third-Party Component, Integrated Application,or on behalf of any Integrated Application Provider. 9. LIMITATION OF LIABILITY. 9.1 Limitation of Liability. To the maximum extent permitted by law, in no event will Mark43's(or Mark43's third-party licensors') total and aggregate liability arising out of or related to this 7 Agreement,whether in contract,toro or otherwise,exceed the aggregate amount of fees paid by Subscriber to Mark43 pursuant to this Agreement during the twelve (12) month period immediately preceding the date on which the claim arises. The foregoing limitation is cumulative, with all payments for the claims or damaged being aggregated to determine satisfaction of the limit,and the existence of one or more claims will not enlarge that limit. 9.2 Exclusion of Damages.To the maximum extent permitted by law, in no event will either party have any liability to the other party for any indirect, special, incidental, punitive, consequential, personal injury or property damages, however caused,or for any lost profits, loss of use, loss of data, cost of data reconstruction or cost or procurement of substitute goods or services, whether in contract, tort or otherwise, arising out of or related to this agreement, including but not limited to the use or inability to use the Services, Software or Professional Services,any interruption, inaccuracy,error or omission,even if the party from which damages are being sought or such party's licensors or subcontractors have been previously advised of the possibility of such loss or damages. 9.3 Exceptions. Notwithstanding the foregoing, the exclusions and limitations of liability set for in Section 9.1 and Section 9.2 shall not apply to damages arising from either party's indemnity obligations under this agreement or either party's gross negligence or willful misconduct. 10. INDEMNIFICATION. 10.1 Indemnification by Mark43. Mark43 shall indemnify Subscriber, and its employees, officers, and directors against any third-party claim alleging that Subscriber's use of the Services in the form provided by Mark43 and when used in accordance with the Documentation and in compliance with this Agreement infringes that third party's U.S.copyright, U.S. patent issued as of the Effective Date, or U.S. trademark, and shall pay the amount of any adverse final judgment or settlement to which Mark43 consents.Mark43 shall have no obligation or liability under this Section 10.1 (Indemnification by Mark43)to the extent the third party claim arises from: (a)Subscriber's or its Affiliates'failure to incorporate a software or other update or upgrade made available by Mark43 that would have avoided the alleged infringement; (b) modification of the Services, any Application, Software or Hardware by anyone other than Mark43; (c) specifications, instructions, features, functions or designs or other elements provided by or requested by Subscriber or its Affiliates; (d) use of the Services, any Application or Software in combination with any other product, service, process or material not provided by Mark43 (including, without limitation, Third-Party Applications, Third-Party Data and Subscriber Data); or(e)use of the Services, any Application or Software in a manner not contemplated by this Agreement. If the Services are (or Mark43 believes are likely to become)the subject of a claim for which Mark43 would be obligated to defend and indemnify pursuant to this Section, then Mark43 may, at its sole option, obtain for Subscriber the right to continue use of the Services or replace or modify the Services, as applicable, provided there is no material loss of functionality. If neither of the foregoing options is reasonably available to Mark43, in its judgment, then use of the Services may be terminated at the option of Mark43 and Mark43's sole liability will be to refund any prepaid fees for the Services applicable to periods following the effective date of termination. The remedies provided in this Section 10.1 (Indemnification by Mark43), are Subscriber's sole and exclusive remedies for any third-party claims of infringement or misappropriation of Intellectual Property Rights by the Services. 10.2 Indemnification by Subscriber. To the extent consistent with Applicable Law, Subscriber shall indemnify Mark43, its Affiliates, and their respective employees, officers, and directors against any third-party claim arising out of or related to (a) Subscriber's breach of Section 2.5 (Restrictions on Use), Section 2.6 (Security Obligations) or Section 3.2 (Ownership and Reservation of Rights to Mark43 Intellectual Property); (b) Integrated Applications or Subscriber Data, including any third- party claim alleging that Subscriber Data infringes or misappropriate the rights of a third party or violates any Applicable Law, and shall pay the amount of any adverse final judgment or settlement to which Subscriber consents; and (c) Mark43's disabling a connection to an Integrated Application at Subscriber's request. 10.3 Procedures. Each party shall give the other party prompt notice of any claim to which an indemnification obligation under this Section 10 (Indemnification) may apply and shall reasonably cooperate with the indemnifying party, at its expense, in the defense or settlement of any claim. An indemnifying party's payment obligations under this Section 10 (Indemnification)will be diminished to the extent that it is materially prejudiced by the indemnified party's non-compliance with the foregoing procedures. 8 11. MISCELLANEOUS. 11.1 Notices. Unless otherwise specified herein, all notices and other communications between the parties required or permitted by this Agreement or by Applicable Law,will be deemed properly given, if given by (i) personal service, (ii) registered or certified mail, postage prepaid, return receipt requested, or (iii) nationally recognized private courier service, to the respective addresses of the parties set forth below or such other addresses as the respective parties may designate by like notice from time to time. Notices so given will be effective upon (a) receipt by the party to which notice is given; or(b)on the fifth(5th)business day following mailing,whichever occurs first: If to Mark43: If to Subscriber: Mark43, Inc. City of Apache Junction 250 Hudson Street 300 E Superstition Blvd. 31 Floor Apache Junction,Arizona 85119 New York, NY 10013 Attn: Chief Mike Pooley Attn: Steve Salberta Email: Email: steve.salberta@mark43.com mpooley@apachejunctionaz.gov Copy to: Copy to: Mark43, Inc. City of Apache Junction 250 Hudson Street 300 E Superstition Blvd. 31 Floor Apache Junction,Arizona 85119 New York, NY 10013 Attn: R. Joel Stern, City Attorney Attn: General Counsel Email: jstern@apachejunctionaz.gov Email: contractnotices@mark43.com 11.2 Assignment. Neither party may assign or otherwise transfer any of its rights or obligations under this Agreement without the prior, written consent of the other party; provided, however,that a party may,without the consent of the other party,assign or otherwise transfer this Agreement to any of its Affiliates or to an entity with or into which it is merged or consolidated or to which it sells its stock or other equity interests or all or substantially all of its assets. Any assignment or other transfer in violation of this section will be null and void. Subject to the foregoing,this Agreement will be binding upon and inure to the benefit of the parties hereto and their permitted successors and assigns. 11.3 Governing Law. This Agreement will be governed by the internal laws of the state in which Subscriber is geographically located, and any disputes between the parties may be resolved in a state or federal court of competent jurisdiction within such state. Each party hereby waives any right to a jury trial in connection with any action or litigation in any way arising out of or related to this Agreement. 11.4 Dispute Resolution. Prior to the initiation of any legal proceeding other than one for equitable relief as described in subsection(d)below,the parties shall first attempt to resolve their dispute informally, as follows: (a) Within five(5)business days following the written request of a party,designated individual(s)from Mark43 and Subscriber shall meet to resolve such dispute. (b) The representatives referred to in paragraph (a) shall meet as often as the parties reasonably deem necessary in order to gather and furnish to the other all information with respect to the matter at issue that the parties believe to be appropriate and germane in connection with its resolution. The representatives shall discuss the problem and negotiate in good faith in an effort to resolve the dispute without the necessity of formal legal proceedings. The specified format for the discussions will be left to the discretion of the designated representatives, but may include the preparation of agreed upon statements of fact or written statements of position. (c) If the representatives referred to in paragraph (a)above are unable to resolve the dispute within thirty(30)business days after the dispute is escalated to them,then either party may escalate the dispute to the Chief Operating Officer of Mark43 and the Chief or Sheriff or comparable Subscriber official,for their review and resolution. (d) The provisions of this Section 11.4 shall not be construed to prevent a party from instituting, and a party is authorized to institute,judicial or other proceedings either to(i)seek injunctive relief or (ii)avoid the expiration of any applicable legal or contractual limitations period. 9 11.5 Force Majeure. Neither Subscriber nor Mark43, as the case may be, shall be considered not to have performed its obligations under this Agreement in the event of enforced delay(an "Enforced Delay")due to causes beyond its control and without its fault or negligence or failure to comply with Applicable Laws including, but not restricted to, acts of God, fires, floods, epidemics, pandemics, quarantine, restrictions, embargoes, labor disputes, and unusually severe weather or the delays of subcontractor or materialmen due to such causes,acts of war terrorism or act of terror(including but not limited to bio-terrorism or eco-terrorism), nuclear radiation, blockade, insurrection, riot, labor strike or interruption, extortion, sabotage, or similar occurrence or any exercise of the power of eminent domain of any governmental body on behalf of any public entity, or a declaration of moratorium or similar occurrence or any exercise of the power of eminent domain of any governmental body on behalf of any public entity,or a declaration of moratorium or similar occurrence or any exercise of the power of eminent domain of any governmental body on behalf of any public entity directly affecting the obligations under this Agreement. In no event will Enforced Delay include any delay resulting from unavailability for any reason of labor shortages,or the unavailability for any reason of particular consultants, subcontractors, vendors or investors desired by Subscriber or Mark43 in connection with the obligations under this Agreement.Mark43 and Subscriber each agree that each alone will bear all of its own risks of delay which are not Enforced Delay. In the event of the occurrence of any such Enforced Delay, the time or times for performance of the obligations of the party claiming delay shall be extended for a period of the Enforced Delay; provided, however, that the arty seeking the benefit of the provisions of this section shall,within thirty(30)calendar days after such party knows or should know of any such Enforced Delay,first notify the other party of the specific delay in writing and claim the right to an extension for the period of the Enforced Delay;and provided further that in no event shall a period of Enforced Delay exceed ninety(90)calendar days. An Enforced Delay shall not excuse the delivery of payment due under this Agreement. 11.6 No Waiver. The failure of either party to enforce at any time for any period any provision hereof will not be construed to be a waiver of such provision or of the right of such party thereafter to enforce each such provision,nor shall any single or partial exercise of any right or remedy hereunder preclude any other or further exercise thereof or the exercise of any other right or remedy. No waiver of any rights is to be charged against any party unless such waiver is in writing signed by an authorized representative of the party so charged. 11.7 Amendment. No modification,change or amendment to this Agreement shall be effective unless in writing signed by Subscriber and Mark43. No term included in any invoice, estimate, confirmation, acceptance, purchase order or any other similar document in connection with this Agreement will be effective unless expressly stated otherwise in a separate writing signed by Subscriber and Mark43. 11.8 Relationship of the Parties. The relationship of the parties established by this Agreement is that of independent contractors and nothing contained herein will be construed to (a)give any party any right or authority to create or assume any obligation of any kind on behalf of any other party or (b)constitute the parties as partners,joint ventures,co-owners or otherwise as participants in a joint or common undertaking. 11.9 Subcontracting. Mark43 may draw on the resources of(and subcontract to)its Affiliates and third- party contractors and subcontractors, within or outside of the United States (each, a "Mark43 Vendor")for internal, administrative and compliance purposes or in connection with the hosting or provision of the Service and other products and services to be provided by Mark43 pursuant to this Agreement. Subscriber agrees that Mark43 may provide information,data and materials that Mark43 receives in connection with this Agreement (including Subscriber Data)to the Mark43 Vendors for such purposes. Mark43 shall be permitted to subcontract its obligations under this Agreement to the Mark43 Vendors identified on Schedule E as "Subcontractors" or such other subcontractors as approved in advance by Subscriber (each, a "Subcontractor). Mark43 shall be responsible in accordance with the terms of this Agreement for performance failures by such Subcontractors that cause Mark43 to breach its obligations under this Agreement. 11.10 Severability. Subscriber and Mark43 each believe that the execution delivery and performance of this Agreement are in compliance with all Applicable Laws. However, in the unlikely event that any provision of this Agreement is declared void or unenforceable(or is construed as requiring Subscriber to do any act in violation of any Applicable Laws,including any constitutional provision,law regulation, or city code),such provision shall be deemed severed from this Agreement and this Agreement shall otherwise remain in full force and effect; provided that this Agreement shall retroactively be deemed reformed to the extent reasonably possible in such a manner so that the reformed agreement(and any related agreements effective as of the same date) provide essentially the same rights and benefits (economic and otherwise) to the parties as if such severance and reformation were not 10 required. Unless prohibited by applicable laws, the arties further shall perform all acts and execute, acknowledge and/or deliver all amendments,instruments and consents necessary to accomplish and to give effect to the purposes of this Agreement,as reformed. 11.11 Headings. The titles and headings contained in this Agreement are for reference purposes only and shall not in any manner limit the construction or interpretation of this Agreement. 11.12 Counterparts. This Agreement may be executed, including by electronic signature, in two or more counterparts, each of which shall be an original and all such counterparts together shall constitute one and the same instrument. Electronically executed or electronically transmitted (including via facsimile transmission)signatures have the full force and effect of original signatures. 11.13 Cumulative Remedies. All remedies for breach of this Agreement are cumulative, and may be exercised concurrently or separately, and the exercise of any one remedy shall not be deemed an election of such remedy to the exclusion of other remedies. 11.14 Export Compliance. In connection with this Agreement, each party will comply with all applicable import, re-import, export, and re-export control laws and regulations, including the Export Administration Regulations, the International Traffic in Arms Regulations, and country-specific economic sanctions programs implemented by the Office of Foreign Assets Control. The parties acknowledge A.R.S. §§35-393 through 35-396.03, as amended, which forbids public entities from contracting with consultants who engage in boycotts of the State of Israel. Should consultants under this Agreement engage in any such boycott against the State of Israel, this Agreement shall be deemed automatically terminated by operation of law. Any such boycott is a material breach of contract. 11.15 Compliance with Laws. Each party shall comply with all Applicable Laws relating or pertaining to the use of the Services. Subscriber shall ensure that its use of all Subscriber Data complies with all Applicable Laws relating to the privacy of third parties or the protection of their personal data promulgated by any governmental, municipal, or legal authority having jurisdiction over Subscriber or the Subscriber Data covered by this Agreement. Each party shall comply with local anti-bribery laws as well as the U.S. Foreign Corrupt Practices Act, as well as any other Applicable Laws and regulations. In connection with its performance under this Agreement, neither party shall directly or indirectly: (A)offer, pay, promise to pay, or authorize the payment of any money, gift or other thing of value to any person who is an official, agent, employee, or representative of any government or instrumentality thereof or to any candidate for political or political party office,or to any other person while knowing or having reason to believe that all or any portion of such money,gift or thing of value will be offered, given, or promised, directly or indirectly, to any such official, agent, employee, or representative of any government or political party, political party official or candidate; (B) offer, promise or give any person working for,or engaged by,the other party a financial or other advantage to(i)induce that person to perform improperly a relevant function or activity;or(ii)reward that person for improper performance of a relevant function or activity;or(C)request,agree to receive or accept any financial or other advantage as an inducement or a reward for improper performance of a relevant function or activity in connection with this Agreement.Each party represents and warrants that it shall be responsible for compliance with this provision by all third parties engaged by it to perform services related to this Agreement and shall require that such third parties agree to comply with all legal requirements required of such party under this Agreement. 11.16 Entire Agreement. This Agreement supersedes all previous understandings, agreements and representations between the parties, written or oral and constitutes the entire agreement and understanding between the parties with respect to the subject matter thereof and incorporates all representations,warranties,covenants,commitments and understandings on which they have relied in entering into this Agreement,and,except as provided for herein,neither party makes any covenant or other commitment concerning its future action nor does either party make any promises, representations, conditions, provisions or terms related thereto. 11.17 Supporting Documents. The following documents are, by this reference,expressly incorporated into this Agreement and are collectively referred to herein as the"Supporting Documents:" • Schedule A: Support Services • Schedule B: Transition Assistance • Schedule C: Third-Party Component Terms • Schedule D: Data Processing Addendum 11 • Schedule E: Order Form This Agreement and the Supporting Documents shall be construed to be mutually complementary and supplementary whenever possible. In the event of a conflict that cannot be resolved, the provisions of this Agreement itself shall control over any conflicting provisions in any of the Supporting Documents. 11.18 Insurance. (a) Commercial General Liability Mark43 shall maintain Commercial General Liability insurance with a limit of not less than$1,000,000 for each occurrence with a$2,000,000 Products/Completed Operations Aggregate and a$2,000,000 General Aggregate limit. The policy shall include coverage for bodily injury, broad form property damage, personal injury, products and completed operations and blanket contractual coverage including, but not limited to, the liability assumed under the indemnification provisions of this Agreement,which coverage will be at least as broad as that on Insurance Service Office, Inc. Policy Form No. CG 00011093,or the equivalent thereof. Such policy shall contain a severability of interest provision,and shall not contain a sunset provision or commutation clause, nor any provision which would serve to limit third party action over claims. The Commercial General Liability additional insured endorsement shall be at least as broad as the Insurance Service Office, Inc.'s Additional Insured, Form B,CG 20101185,or the equivalent thereof, and shall include coverage for Consultant's operations and products and completed operations. (b) Cyber Liability Cyber Liability insurance with limits not less than $1,000,000 per occurrence or claim, with a $2,000,000 aggregate limit. Coverage shall be sufficiently broad to respond to the duties and obligations as is undertaken by Company in this Agreement and shall include, but not limited to, claims involving infringement of intellectual property, invasion of privacy violations, information theft, damage to or destruction of electronic information, release of private information, alteration of electronic information,extortion, network security and errors and omissions.The policy shall provide coverage for breach response costs as well as regulatory fines and penalties. If Mark43 maintains broader coverage and/or higher limits than the minimums shown above, Subscriber requires and shall be entitled to the broader coverage and/or higher limits maintained by Mark43.Any available insurance proceeded in excess of the specified minimum limits of insurance and coverage shall be available to Subscriber.Policy shall include Subscriber as Additional Insureds. 11.19 E-Verify. As required by A.R.S. §41-4401, Mark43 hereby warrants its compliance with all federal immigration laws and regulations that relate to its employees and A.R.S.§23-214(A). Mark43 further warrants that after hiring an employee, Mark43 will verify the employment eligibility of the employee through the E-Verify program. If Mark43 uses any subcontractors in performance of services, subcontractors shall warrant their compliance with all federal immigration laws and regulations that relate to its employees and A.R.S. § 23-214(A), and subcontractors shall further warrant that after hiring an employee, such subcontractor verifies the employment eligibility of the employee through the E-Verify program. A breach of this warranty shall be deemed a material breach of this Agreement that is subject to penalties up to and including termination of this Agreement. Mark43 is subject to a penalty of$100 per day for the first violation, $500 per day for the second violation, and $1,000 per day for the third violation. Subscriber at its option may terminate this Agreement after the third violation. Subscriber shall not be deemed in material breach of this Agreement if Mark43 and/or subcontractors establish compliance with the employment verification provisions of Sections 274A and 274B of the federal Immigration and Nationality Act and the E-Verify requirements contained in A.R.S. § 23-214(A). Subscriber retains the legal right to inspect the papers of any Mark43 or subcontractor employee who works under this Agreement to ensure that Mark43 or subcontractor is complying with the warranty. Any inspection will be conducted after reasonable notice and at reasonable times. If state law is amended, the parties may modify this paragraph consistent with state law. 12 IN WITNESS WHEREOF,the parties have caused this Agreement to be executed by their duly authorized representatives. MARK43,INC. SUBSCRIBER l�c By: ! By: Name: Matthew N. POlega Name: Title: President & Cofounder Title: Date: 10/13/22 Date: 13 SCHEDULE A Support Services 1. Support Services. a. Error Reporting When reporting a failure of the Services to perform substantially in conformance with this Agreement (an "Error"), Subscriber shall use the phone number, email address, or Mark43 Support Portal URL identified in this Agreement(or otherwise provided to Subscriber by Mark43 from time to time, including by email)during the hours of support set forth herein. Subscriber personnel submitting support requests must be reasonably trained in the use and functionality of the Services and familiar with this Agreement and, before submitting a support request to Mark43 hereunder, must use reasonable efforts to ensure a perceived Error is not due to a problem with Subscriber's(or its other third-party providers') equipment, systems, software or connectivity or due to improper, non-conforming or unauthorized use of the Services by or on behalf of Subscriber. Subscriber will include with each support request, further detailed in subsection (d) below: (i) Subscriber's initial assessment of the Response Priority (including identification of the Error and the approximate percentage of Authorized Users impacted); (ii)sufficient information to enable Mark43 to identify and replicate the Error; and (iii)contact information for Subscriber personnel familiar with the Error who will be available to Mark43 to assist with resolution of the Error on an ongoing basis until the Error is resolved. b. Response Priority Determination Mark43 will validate Subscriber's Response Priority designation, or notify Subscriber of its Response Priority designation if it is different than Subscriber's. If requested, Mark43 will provide Subscriber with the basis of its determination. In the event of a conflict regarding the appropriate Response Priority designation, each party shall promptly escalate such conflict for resolution by the parties' management, during which time the parties shall continue to handle the support issue in accordance with the Mark43 Response Priority designation. In the rare case that a conflict requires a management discussion,both parties shall be available within one hour of the escalation. c. First Response, Resolution,and Updates Upon notification by Subscriber of an Error in accordance with this Schedule and subject to Mark43's identification and replication of the Error, Mark43 will respond to each case in accordance with the First Response Times and Communication Commitments described in the charts below. First Response Time is the period from the time the Error was logged with the Mark43 Support Team until Mark43 responds to Subscriber(and escalates within Mark43,if appropriate).A first response is defined as a non-automatic means where an agent will reach out to gather additional details and may not include a solution or workaround. Because of the widely varying nature of issues, it is not possible to provide specific resolution commitments. Actual resolution time will depend on the nature of the case and the resolution itself. Resolution methods are defined below. A resolution may consist of a fix, workaround, delivery of information, or other commercially reasonable solutions to the issue. d. Subscriber's Obligations Mark43's provision of the support services described in this Schedule is subject to Subscriber cooperating fully and on a timely basis with reasonable requests of Mark43 for accurate information and access to Subscriber personnel with sufficient availability and knowledge to enable Mark43 to provide the support services, including accurate information and assistance reasonably required to detect, replicate, and correct Errors. In the event Mark43's response, resolution, or update times are negatively impacted by delayed responses by Subscriber personnel or Subscriber's failure to otherwise comply with its obligations under this Schedule,timeframes will be extended. First Response Commitment J 14 1 hour 2 hours 8 hours 24/7 8am-8pm EST, 7 days 8am-8pm EST M-F Communication Commitment t t tt t t J t Y4t t t t t t t t t t t t � Status page A status update will be n/a n/a updates posted as soon as Mark43 is notified and updated every 30 minutes thereafter until resolved. Email/phone After initial Mark43 response, After initial Mark43 response, After initial Mark43 response, updates within 1 hour of any within 1 business day of any within 2 business days of any additional client questions additional client questions additional client questions about the same issue until until issue is resolved. until issue is resolved. resolved. Client will receive notification Client will receive notification via email once the issue fix via email once the issue has has been scheduled and been fixed. again when the issue has been fixed. Priority Definitions • Red-An Error due to Mark43's systems that results in the inoperability or substantial impairment of a core function for the majority of Subscriber's Authorized Users, provided there is no feasible workaround. Examples include: Authorized Users cannot access the Application; CAD units cannot be dispatched; reports cannot be created. • Orange-An Error due to Mark43's systems that results in the inoperability or substantial impairment of a critical workflow for the majority of Subscriber's Authorized Users, provided there is no feasible workaround. Examples include:significant lagging/slowness; inability to process persons in custody; inability to export reports or cases for same or next day court deadlines; inability to submit reports. • Yellow-An Error due to Mark43's systems for which a reasonable workaround is available. • None-There are a number of low-impact issues, how-to questions,and feature requests that do not fall into one of the categories above and are not subject to the outlined First Response or Communication Commitments. Issue Escalation&Resolution Methods: Customer-reported issues are escalated within Mark43 by a well- defined internal process. Mark43 works to resolve issues based on the issue severity/impact, by employing one or more of the following methods: • Providing client with a reasonable workaround • Adjusting system/hosting configurations or setup • Direct database modifications • Releasing a fix out-of-cycle(patching) • Releasing a fix as part of the regular release cycle • Other commercially reasonable solution Subscriber will be notified of status changes either through Mark43's status page and/or via email updates in a support ticket. 2. Service Level Agreement. Mark43 shall provide the Applications in accordance with the following service levels ("SLA"). a. Monthly Uptime Commitment. 15 Following Cutover to the applicable In-Scope Application, Mark43 will use commercially reasonable efforts to make the In-Scope Application available with the Monthly Uptime Percentage corresponding to that Application(the"Uptime Commitment"),as follows: • RMS Application: Mark43 will use commercially reasonable efforts to achieve a Monthly Uptime Percentage for the Mark43 RMS Application of no less than 99.90%in any calendar month. • CAD Application: Mark43 will use commercially reasonable efforts to achieve a Monthly Uptime Percentage for the Mark43 CAD Application of no less than 99.95%in any calendar month. For each In-Scope Application,the"Monthly Uptime Percentage"is calculated as set forth below by subtracting from one hundred percent(100%)the percentage of minutes during the month in which the In- Scope Application experienced Downtime. Monthly Uptime Percentage=(100)—((minutes of Downtime* 100)/(total minutes in month)) b. Service Credit Calculation. Subject to the SLA Exclusions, if Mark43 does not achieve the Uptime Commitment in any given month due to Downtime, Subscriber may be eligible for credits as described herein(the"Service Credits"), as follows: • RMS Application: If Mark43 does not achieve the Uptime Commitment for the RMS Application, Subscriber will(to the extent legally permitted)be eligible pursuant to the terms of this SLA to receive a credit equal to ten(10)times the amount paid for the RMS Application in respect of the period in which the actual RMS Downtime for the month exceeded the RMS Downtime allowable within the Uptime Commitment, up to a maximum credit of 25%of one month's subscription fee paid in consideration for the RMS Application,as illustrated here: RMS Service Credit = (10)*((1/12)*annual subscription fee)*((%of Downtime)—(0.10%)) • CAD Application: If Mark43 does not achieve the Uptime Commitment for the CAD Application, Subscriber will(to the extent legally permitted)be eligible pursuant to the terms of this SLA to receive a credit equal to ten(10)times the amount paid for the CAD Application in respect of the period in which the actual CAD Downtime for the month exceeded the CAD Downtime allowable within the Uptime Commitment, up to a maximum credit of 25%of one month's subscription fee paid in consideration for the CAD Application, as illustrated here: CAD Service Credit = (10)*((1/12)*annual subscription fee)*((%of Downtime)—(0.05%)) c. Requesting Service Credits. In order to receive a Service Credit, Subscriber must notify Mark43 in writing at 250 Hudson Street, 3rd Floor, New York, NY 10013,Attn:Accounting,with a copy to accounting@m rk43.com,or such other address provided by Mark43 from time to time,within fifteen(15)days following the end of the month in which the Downtime occurred. Claims must include the words"SLA Credit Request"in the subject line;the dates and times of each Downtime incident that Subscriber is claiming occurred;and any documentation to corroborate Subscriber's claim of Downtime,ensuring removal or redaction of any confidential or sensitive information in these logs. All claims are subject to review and verification by Mark43 prior to any Service Credits being granted. Mark43 will acknowledge requests for Service Credits within fifteen (15)business days of receipt and will inform Subscriber whether such claim request is approved or denied. If Mark43 confirms that the Uptime Commitment has not been met in the applicable calendar month, Subscriber will be issued a Service Credit within one billing cycle following the month in which Subscriber's request is confirmed by Mark43. Subscriber's failure to provide the request and other information as required above will disqualify Subscriber from receiving a Service Credit. Service Credits will not entitle Subscriber to any refund or other payment from Mark43 and are non-transferable.The parties acknowledge and agree that Service Credits are intended as genuine pre-estimates of loss that may be suffered as a result of any failure to achieve Uptime Commitments and will not be deemed to be penalties.To the extent legally permitted,the issuance of a Service Credit by Mark43 hereunder is Subscriber's sole and exclusive remedy for any failure by Mark43 to satisfy the Uptime Commitment. d. Additional Definitions. "Downtime"with respect to any single In-Scope Application means time in which the Application is not accessible or available to Subscriber for reasons other than those resulting directly or indirectly from an SLA Exclusion. For the avoidance of doubt, slow performance does not constitute lack of accessibility or availability and shall not count as Downtime, unless there is a total loss of ability for the substantial majority 16 of Authorized Users to perform any one of the In-Scope Application Features so as to constitute a total loss of service of that Application, in each case in Mark43's reasonable discretion.The concurrent loss of service of two or more In-Scope Application Features within the same Application will count as a single Downtime event.At the end of each month, Mark43 adds"Downtime"periods together to calculate the overall monthly "Downtime." "In-Scope Application"means the web-accessible Applications identified in subsection(a)above, provided that Subscriber has purchased a subscription for the Applications and signed a valid agreement with Mark43. Under no circumstance shall any reference to an Application that Subscriber has not purchased a subscription and signed an agreement for be construed to entitle Subscriber to use such Application. For the avoidance of doubt, In-Scope Applications do not include mobile versions or Applications that are in beta testing. "in-Scope Application Features"means, in each case: • For RMS Application: (i)the ability to login to the Mark43 RMS; (ii)the ability to view and edit reports and names, property,and vehicles; (iii)the ability to view and edit cases; and (iv)the ability to search for entities within the RMS. • For CAD Application: (i)the ability to login to the Mark43 CAD; (ii)the ability to view/edit/clear events; (iii)the ability to view and edit units; (iv)the ability to search for CAD tickets;and (v)the ability to receive real-time updates when actively connected to an internet-enabled network. "Monthly Uptime Percentage"has the meaning set forth in Section 2(a)of this SLA. "Scheduled Maintenance"means scheduled work related to the Mark43 Application or the hosting environment,which may cause inaccessibility or unavailability of the Mark43 Application. Except as set forth below, Mark43 shall provide at least seven(7)days'advance notice of Scheduled Maintenance whenever practicable,and in no circumstances less than three(3)days'advance notice. In the event that Mark43 determines it is appropriate to perform emergency work related to the Mark43 Application or emergency work is performed related to the hosting environment,such work will be deemed Scheduled Maintenance, provided Mark43 uses reasonable efforts under the circumstances to provide Subscriber with notice at least twenty-four(24)hours prior to such emergency work. Notice of Scheduled Maintenance may be provided by email and, in the case of emergency work, may also be provided by telephone. The total amount of Scheduled Maintenance for the CAD Application shall not exceed sixty(60)minutes during any thirty(30)- day period. e. SLA Exclusions. The Uptime Commitment does not apply to any inaccessibility or unavailability of an Application(the"SLA Exclusions"): • That is not an In-Scope Application; • That occurs prior to Cutover; • That results from Scheduled Maintenance; • That results from a suspension or remedial action,as described in this Agreement; • Caused by factors outside of Mark43's reasonable control, including any force majeure event, Internet access,or problems beyond the demarcation point of the Mark43 cloud environment; • That results from actions or inactions of Subscriber or any third party; • That is attributable to Subscriber's own computer equipment or devices,or failure of any software, hardware or service not supplied by Mark43 pursuant to this Agreement, including,without limitation, issues related to network connectivity, internet connectivity or network performance issues at any Subscriber locations,server downtime related to connectivity issues resulting from third-party-managed VPN access to a hosted server or Subscriber's internal network problems,or Software(including interfaces)that is not supplied or maintained by Mark43; • That results from any Integrated Application,Third-Party Data,or any Subscriber-provided application or program;or • That results from the failure by Subscriber, its Affiliates,or any Authorized User to incorporate a Software or Service update or upgrade made available by Mark43. 17 SCHEDULE B Transition Assistance 1. Preparation. a. Subscriber will provide the desired cutoff date of the SaaS Services(the"Cutoff Date")to Mark43,at which time all existing user accounts will be terminated. b. For one(1)year following the Cutoff Date, Mark43 will provide one(1)transition account for Subscriber to access the Applications and retrieve all Subscriber Data as further detailed below 2. Content. a. Upon Subscriber's request, Mark43 will deliver and make available Subscriber Data to Subscriber within four (4)weeks of the Cutoff Date. Subscriber Data will be delivered as follows: • Searchable PDFs: Mark43 will create searchable PDFs of each record (each,a"Record")and provide them to the Subscriber for download. Subscriber may request,and Mark43 will consider, other formats in which to create the Records, but the final format of all Records will be determined in Mark43's sole discretion. Records can be uploaded to Subscriber's new system by the Subscriber or its new vendor. • Database Export: Subscriber Data will be provided to Subscriber as an export of Mark43's Microsoft SQL Server Data Lake database.To use the data, Subscriber will need to have access to its own Microsoft SQL Server database. • Document/File Export: Documents/file attachments stored within the Mark43 system will be provided to the Subscriber in a zipped folder.Within the folder the Subscriber will find all files with a unique ID appended to the filename.A csv file will be provided to relate the unique file ID with the attached entity type and Mark43 ID. b. If files are too large for practical internet transmission, an encrypted hard drive will be provided. 3. Support. a. Mark43 will maintain Subscriber Data in the Mark43 Applications for up to one(1)year following the Cutoff Date. b. Mark43 will resolve any issues it deems to be the result of errors in the Mark43 platform or export process for a period of six(6)months after the Cutoff Date. c. No less than two(2)years after the Cutoff Date, Mark43 will delete Subscriber Data from all Mark43 online systems(e.g. primary database, replica databases, search databases,application caches, etc.)other than database backups,audit logs and server system logs. d. Within six(6)months from the date of deletion of Subscriber Data from all Mark43 online systems,all Subscriber Data will be erased from database backups. e. Notwithstanding the foregoing, Mark43 reserves the right to retain Subscriber Data on audit logs and server system logs and in support tickets, support requests and direct communications with Mark43. 4. Additional Services. a. Ongoing Web Access: Subscriber may elect to purchase a read-only tenant of the Mark43 system.This service enables Subscriber to utilize a single user log-in to view and access data entered into the Mark43 system up to the date of termination or expiration of this Agreement. Under this service, Subscriber will not have permission to change, modify or update any Subscriber Data. b. Additional Professional Services: If the Subscriber requires additional Professional Services,these will be billed according to the current market rate for such Services. 5. Fees. In the event that any Fees have not been paid as required under this Agreement, Mark43 may decline to provide the support outlined in this Schedule B until such Fees are paid in full. 18 SCHEDULE C Third-Party Component Terms C5ooQ1e: Users are bound by the Google Maps/Google Earth Additional Terms of Service(including the Google Privacy Po|icy). available by following these links: Goog|e Maps Terms: Goog|o Privacy Policy: Acceptable Use: Esri: Users are bound by the following EahTerms of Service: To the extent permitted by applicable law, Environmental Systems Research Institute, Inc. (^Eoh^)and its licensors disclaim liability for any damages or loss of any kind,whether direct, special, indirect, incidental,or consequential, arising from the use of Esri's solution ("Esri Solution")including, but not limited to, liability for use of the Esri Solution in high-risk activities or liability related to any data supplied by Esri. In the event of any termination of the Agreement,the end user of the Esri Solution ("User")shall (i)cease access and use of the Esri Solution and any data supplied by Esri, and (ii)clear any client-side data cache derived from the Eah Solution or any data supplied byEoh. User will comply with all relevant export laws and regulations of the United States with respect to the Esri Solution, including, but not limited to,the Export Administration Regulations(EAR), International Traffic in Arms Regulations(|T8R); and the United States Department of Treasury, OffioaofFonaignAsaetsContm| (DFAC) regulations, and User will not export, reexport,transfer, divert, use, or access, directly or indirectly,the Esri Solution in violation of any United States export laws and regulations. User will provide Esri with information about User's export and distribution activities as may be required for Esri to meet its obligations under the United States export control laws and regulations. User shall not remove or obscure any patent,copyright,trademark, proprietary rights notices,or legends contained in or affixed to the Esri Solution or any Esri materials, output, metadata file, or online or hard-copy attribution page of any data supplied byEah. Eohandiis|ioenoonadiedaima||termoinany''u|iok-thmugh''agnaementainc|udedwiththeEohSo|ution. Esri and its licensors do not warrant that the Esri Solution or any data or materials supplied by Esri will meet User's needs orexpectations;that the use thereof will be uninterrupted; or that all nonconformities can or will be corrected. Esri and its licensors are not inviting reliance on data in the Esri Solution, and User should always verify actual data in the Esri Solution.Any warranty offered by Mark43 for Mark43's solution the Services shall only apply between Mark43 and User. Esri does not offer any warranties or indemnities to User for the Esri Solution. User shall not use the Esri Solution for any revenue-generating activities.The Esri Solution is for the internal use of User only. User shall not use the Esri Solution independently from the Mark43 solution or in any other product or service. User shall not store,cache, use, upload,distribute,or sublicense content provided through the Esri Solution in violation of Esri's or a third-party's rights, including intellectual property rights, privacy rights, nondiscrimination laws, export laws, mr any other applicable law orregulation. User's login credentials for the Esri Solution are for User only and may not be shared with other individuals." 19 Amazon: Universal Service Terms: Acceptable Use: AuthO(if eleuted): Acceptable Use: RapidSOS(if elected): Subscriber must sign up and accept the terms contained within the following link: httpe:0nfo.rapidaoo.00m/rapidaosintegrations-*ignup CommSys(if e|ected): Subscriber must enter into an end user license agreement directly with CommSys. 20 SCHEDULE D Data Processing Addendum 1. Definitions. For purposes of this this Data Processing Addendum("DPA"),"Subprocessor"means a Mark43 Affiliate or other third party engaged by Mark43 for the purpose of hosting, storing or otherwise processing Subscriber Data as authorized by this Agreement or otherwise in writing by Subscriber. Terms not otherwise defined in this DPA have the meaning set out in this Agreement. 2. Subscriber Data. The obligations in this Schedule apply to Subscriber Data in the custody or control of Mark43 and its Subprocessors. They do not apply to Subscriber Data in the custody or control of any other party, including Subscriber Data under Subscriber's custody or control outside of the Services or Subscriber Data maintained by an Integrated Application Provider or transmitted or accessed on or through an Integrated Application. 3. Disclosure. Mark43 will not disclose Subscriber Data to any third party except: (i)to Authorized Users; (ii) as permitted under this Agreement; (iii)to its Subprocessors, provided that each Subprocessor agrees to protect Subscriber Data in a manner substantially in accordance with this DPA;or as provided by this DPA with respect to any Disclosure Request. Notwithstanding the foregoing or anything in this DPA to the contrary, Subscriber acknowledges and agrees that(a)Mark43 utilizes major providers of cloud-based services for processing certain Subscriber Data through the Services(each, a"Cloud Provider"), (b)each Cloud Provider has its own data protection practices that are applicable to its delivery of services to its customers, and (c)Cloud Providers will not agree to separate data protection practices on a customer-by- customer basis;therefore, Cloud Providers will not be required to comply with the obligations in this DPA to the extent that they are inconsistent with each Cloud Provider's own data protection practices, but Mark43 will use reasonable efforts to assess that each Cloud Provider complies with its own data protection practices,which may include periodic examination of SOC 2 reports or comparable reports made available by Cloud Provider. 4. Information Security Program. Mark43 will implement and maintain a written information security program that contains reasonable administrative,technical and physical safeguards intended to protect Subscriber Data from unauthorized access, disclosure, use, modification, loss or destruction. 5. Access. Mark43 will maintain appropriate access controls to Subscriber Data, including limiting access to Subscriber Data only to personnel who require such access in order for Mark43 to provide Services to Subscriber or to otherwise exercise Mark43's rights or perform Mark43's obligations under this Agreement. Mark43 will require its personnel to protect Subscriber Data in accordance with the requirements of this DPA and will provide its personnel with appropriate information security training. 6. Information Security. a. Mark43 maintains its information security program and applicable safeguards at all Mark43 sites at which an information system that stores or otherwise processes Subscriber Data is located. b. Mark43 maintains network security using commercially available equipment and industry standard techniques, including firewalls, router access control lists, intrusion detection and/or prevention systems, penetration testing,vulnerability scanning,and patch management tools. c. Mark43 will encrypt, using industry-standard encryption tools, all Subscriber Data that Mark43: (i) transmits or sends wirelessly or across public networks; (ii)stores on laptops or removable storage media;and (iii)stores on portable devices. Mark43 will safeguard the confidentiality and availability of all encryption keys associated with encrypted Subscriber Data. d. Mark43 installs and maintains endpoint security measures such as anti-virus and malware protection software intended to protect Subscriber Data from malicious code. e. Mark43 undertakes appropriate logging and monitoring to enable recording of information security- related actions and identification of anomalous events. f. Mark43 develops software used to deliver the Services in accordance with secure software development principles. 7. Security Incident Management. Unless otherwise prohibited by law, Mark43 will notify Subscriber promptly(and in any event within seventy-two(72)hours)in the event Mark43 reasonably believes that there has been any unauthorized access, acquisition, disclosure, use, modification, loss or destruction of Subscriber Data("Security Incident"). Mark43 will promptly investigate the Security Incident,will take necessary steps to eliminate or contain the exposure of Subscriber Data,and will keep Subscriber informed of the status of the Security Incident. Mark43 will provide reasonable assistance and cooperation requested 21 by Subscriber or Subscriber's designated representatives to correct, remediate, or investigate the Security Incident or to mitigate potential damage resulting from it, including any notification that Subscriber may determine appropriate to send to affected individuals, regulators or third parties. 8. Business Continuity. Mark43 implements appropriate disaster recovery and business continuity plans and reviews and updates such plans regularly. Back-up copies of critical business information and software are created regularly and tested to verify their integrity. 9. Audits. Upon Subscriber's request, Mark43 will make available to Subscriber up to once per year a copy of a third-party assessment, such as a SOC 2 report or comparable report("Third-Party Report"), if Mark43 has obtained such a Third-Party Report for the Services;or if Mark43 has not obtained a Third-Party Report for the Services, Subscriber may provide to Mark43 a security assessment questionnaire related to the Services,which Mark43 will accurately and promptly complete. Such a questionnaire must be reasonable in scope and may include questions seeking verification of compliance with the terms and conditions of this DPA. All Third-Party Reports or information accessed by or otherwise disclosed to Subscriber in connection with any such review will be considered Confidential Information of Mark43. 10. Return/Disposal. Upon termination or expiration of this Agreement, Mark43 will cease handling Subscriber Data and will take reasonable steps to return or destroy Subscriber Data according to the timeframes set out in Schedule B of this Agreement. If Mark43 has any legal obligation to retain Subscriber Data beyond the periods otherwise specified by Schedule B, Mark43 will notify Subscriber in writing of that obligation,to the extent permitted by applicable law, and will return or destroy the Subscriber Data in accordance with this DPA as soon as possible after that legally required retention period has ended. If Mark43 disposes of any paper, electronic or other record containing Subscriber Data, Mark43 will take all reasonable steps to do so by: (a)shredding; (b)permanently erasing and deleting; (c)degaussing; or(d)otherwise modifying Subscriber Data in such records to make it unreadable, unreconstructable and indecipherable. 11. Location of Subscriber Data. Subscriber Data stored or transmitted through the SaaS Services in Subscriber's user accounts shall be hosted by a Cloud Provider in the United States. 22 SCHEDULE E Order Form 1. Services. The Services covered by this Agreement consist of the following: SaaS Services with respect to the following Applications: Computer Aided Dispatch,Analytics and Records Management System, Including Case Management, Evidence Management, Use of Force Reporting, Booking Module. Professional Services as detailed in the Statement of Work. 2. Subcontractors. White Box Technologies Inc., CommSys, Inc. 3. Initial Term. The Initial Term is the five(5)year period commencing on the Effective Date. 4. Renewal Terms. Any Renewal Terms shall be for a period of one(1)year. 5. Fees. For the Initial Term,the following Fees will apply: Recurring Fees: ANA 1:Analytics BI Suite Viewer Not to exceed 20 licenses $2,400.00 $2,400.00 ANA 2:Analytics BI Suite Explorer Not to exceed 5 licenses $2,400.00 $2,400.00 MOB 1: On-Scene Mobile Field Collection App Not to exceed 85 sworn $40,800.00 $26,520.00 Not to exceed 15 dispatchers/call- CAD 1: Dispatcher/Call-Taker takers $54,000.00 $37,800.00 CAD 2: LE First Responder Not to exceed 85 sworn $51,000.00 $33,150.00 DLK 1: Base 1 instance $10,000.00 $10,000.00 RMS 1: RMS Core Not to exceed 85 sworn $102,000.00 $66,300.00 RMS 2: RMS Case Management Not to exceed 85 sworn $40,800.00 $26,520.00 RMS 3: RMS Property and Evidence Not to exceed 85 sworn $40,800.00 $26,520.00 RMS 7: RMS Fillable PDF's Included $7,000.00 $0.00 RMS 9: Use of Force Reporting Not to exceed 85 sworn $5,100.00 $1,275.00 RMS 11: Booking Module Not to exceed 85 sworn $51,000.00 $30,600.00 5 6 � i..n v# �,: 171,11 , ,_� a; ,f ; i s` . f «' IBM: PAR 7: ConnectCIC State and Regional Not to exceed 85 sworn $5,577.00 $5,577.00 mom ,a o- s ' � �, , �, ��'" �- sY a M, 23 Support&Maintenance- Interfaces Included $0.00 $0.00 Support&Maintenance- Subscription Included $0.00 $0.00 o ® ii im ii *For the avoidance of doubt,this is the recurring fee that will serve as the baseline for the recurring fees to be charged during any Renewal Term. Additional increases may be applied at any time during the Initial Term if required quantities increase. Mark43 will notify Subscriber of any changes to the fees for any Renewal Term at least forty-five(45)days prior to the start of the Renewal Term. One-Time Fees: ENIEEM Implementation Tenant: provisioning environments for configuration,testing, and training during the implementation period 1 $407,300.00 $263,485.00 IMP 2: Implementation Services 1 $63,000.00 $63,000.00 DCM 4: Evidence Standalone—Standard 1 $25,000.00 $25,000.00 DCM 5: CAD Lite 1 $25,000.00 $25,000.00 DCM 8: RMS with Evidence—Standard 1 $90,000.00 $90,000.00 Pre-Launch Interfaces 2 Interfaces $20,000.00 $20,000.00 � ;, '` ga yk Q � wml III JIM •• �s s • Implementation Services for PAR 7: ConnectCIC State and Regional 1 $4,160.00 $4,160.00 011.41 ME 6. Payment Schedule. a. Initial Term: Subscriber will pay the Fees detailed in Section 5 above according to the following schedule during the Initial Term. 1 Year 1 Payment,due according to the following schedule: $490,645.00 -Effective Date(Contract Signing) $147,193.50 24 -Project Kickoff Complete $98,129.00 - Workflow Validation Completion $98,129.00 - Training Complete $98,129.00 -Cutover/Go Live $49,064.50 2 Year 2 Payment,due on the first anniversary of the Effective Date. $269,062.00 3 Year 3 Payment,due on the second anniversary of the Effective Date. $269,062.00 4 Year 4 Payment,due on the third anniversary of the Effective Date.' $269,062.00 5 Year 5 Payment,due on the lfourth anniversary of the Effective Date. $269,062.00 5 YEAR TOTAL $1,566,893.00 b. Renewal Term: Fees for any Renewal Term will be paid in full in advance on the first day of the Renewal Term. 25 *at I:Z 1 4 :3 Statement of Work City of Apache Junction Apache Junction Police Department, Arizona MARK43 Table of Contents Table of Contents atatamanLQf W rk v rvi w Sco e of Services preparation Outcome: profit Governance Aglication Setur7 Qutcome. Operational ynablernent tnforksyop Q_um :Tenan pr vi i nin Foundation Tenant Setup settings to be configured Production Tenants Outcome; RMS-Re arts Module Setu Offensellncidnt Report Setup Arrest Report Setters Su le ent Report Seto Additional Report Types Setup om '. M - Mn mnM I Outcome: RMS-Evidence Module Setur3 Outcome: RMS-Bookie Module Setup Outcome: RMS-Corn fiance Codes Seto Outcome: RMS-Administrative Settings Outcome. CAC-Core I-lication Setup Outcome: CIS Locations Setup Outcome-Technical Requirements Setup Qutmm2LDaj L k Qutcome: CiSIIE Setup Interfaces and Data Migration Outcome: Interfaces Setu Outcome: Data Migration Enablerment phase Outcome. Enablement For all in-scope applications Outcome:Training and Additional Services Traini C r Additional Services Flours Launch Outcome; pre-Launch Su ort Outcome: Launch Support Outcome. post-Launch Rimpgrt protect Close Out Assumptions -2- MARK43 Project Scope Exclusions Proect Resources and Schedulin Planned tin-Site Visits Resourcina Chan e Order Process Miscellaneous Appendix- Report T yaes Setu Outcome: RMS-,Additional Reports Setup � Field Contact Report Setup Citation Retort Satrap Traffic Collision Re Dort 1;e",,- Missina Persons Report Setup Towed Vehicle Rppnrtqpt,­ Lmpound Re ort Setup Behavioral Crisis Report Setup omrx� ni lnf rm i n R r t Use of Force Report Setup Additional Supplement �+ EW Report Setup Appendix-_Train i nq/Add itiona I Services Descrip-tions Outcome:Train the Trainer Mark43 RMS: e arts Module Train-the--fra� Mark43 RMS: Cases Module Train-the-Trainer Mark43 CAD: First Responder Train-the-Trainer Outcome: Direct End User Training Mark43 RMS: Reports Module On-site Mark43 RMS: Cases Module On-site Mark43 RMS. Evi enc M 1 n- it Mark43 RMS: Eookono Module On-site Mark43 RMS: Records &Svstem Administration tin-site Mark43 RMS: Com fiance Dashboard On-site Mark43 RMS: Warrants On-site Mark43 RMS: Re orts Module Remote Mark43 RMS: Cases Module Remote Marko RMS: Evidence Module Remote rk43 R : BaQking M ule R mot Mark43 RMS: Records &Svstem Administration Rewrote Mark43 RMS: Compliance Dashboard Remote Mark43 RMS: Warrants Remote MarkoU CAI :Telecornmunicator On-site -3- MARK43 Marko CAD: System Administration On-site Mark4ZLAD: Fir at R n �rn- i Mark43 CAD:Telecommunicator Remote MaLk43 CAD: System Administration Remote Mark43 CAD: First Res under Remote Outcome:Additional Services Mark43 Ana tics Training/Development Remote Mark43 Fillable PQF Training/Develonment Remote Mark43 NIBRS/Compliance Dashboard Configuration Remote Mark4a_QffenuLo ni r ion Rem MaLk43 PS Engineerinq Setup Mark43 CIS/Mappinq Support Remote Mark43 Interfaces Sunnort Remote MarW Additional Trainina Post Go-Live_Remote Mark43 Additional Training Post Go-Live On-Site Amadix- Data Migration Outcome- DC -4(Evidence Standalone-Standard) Overview Data Elements Deliveries Req,ui�mn Outcorne DC - (CAD Litel - Overview Data Elements Deliveries Rgq.ui ements Outcome- QQM-8 Rpnor­ Overview aala Elamanta Deliveries Requirements -4- MARK43 Statement of Work Overview This Statement of Work(SOW) outlines the Professional Services to be provided to the City of Apache Junction (SUBSCRIBER)to assist with the setup, configuration and optimization of the Mark43 platform for the Apache Junction Police Department in accordance with the Software License and Services Agreement (SLSA) entered into by Mark43 and SUBSCRIBER in conjunction with this SOW.The Mark43 Project Team shall perform in accordance with this SOW,which shall be effective as of the Effective Date. Capitalized terms used but not otherwise defined herein shall have the meanings ascribed to them in the SLSA. Any changes to this document will be handled through a Change Order outlined in the Change Order Process section of this document. If a service is not listed in this document, it is not considered part of the project. -s- 92 MARK43 Scope of Services The Professional Services hereunder include tasks designed to achieve specific business outcomes ("Outcomes"), and the timeline and approach for completion shall be mutually agreed upon by the SUBSCRIBER and Mark43. PreDaration Outcome: Project Governance Description Mark43 to provide overall project management and governance of the services purchased. Responsibilities SUBSCRIBER Responsibilities Mark43 Responsibilities • Prerequisites for SUBSCRIBER • Kickoff Activities • Identify key stakeholders (can be the same person) o Welcome email • Executive Sponsor o SUBSCRIBER Kickoff Meeting • RMS Lead m Mark43 SUBSCRIBER Journey Overview • CAD Lead m Mark43 Professional Services Overview • Interface Lead (if applicable) o Statement of Work Review(in Scope/Out of Scope) • Data Migration Lead (if applicable) o Review of Mark43 Team,SUBSCRIBER Team and • Technical Lead associated roles and responsibilities • Training Lead o Review the Status of Pre-Requisites • Launch Support Lead m Weekly check-ins until completed • Project Manager o Review the On-Site Visit Schedule • Although not mandatory, it is highly o Establish weekly/bi-weekly project status meeting recommended that the agency also has o Escalation Process their own internal project manager o Review On-Site I (Operational Enablement Workshop and • Set aside time for regularly scheduled project status Application Setup) meeting,typically weekly or bi-weekly o Review future Training Activities • Set aside time for regularly scheduled application practice • Project Documentation/Ongoing Activities • Alert Mark43 to any dates that are of special interest or o Project Charter, Project Plan, and Key Milestones major significance o Resource Scheduling o Weekly/bi-weekly project updates o Issue/Risk Management -6- MARK43 o Change Order Process APP-li i-- - Outcome: Operational Enablement Workshop Description The Mark43 Operational Enablement Workshop is an overview of which activities need to occur during the Application Setup phase to achieve 11enablement". A special emphasis will be placed on which report types and modules will need to be configured,tested and validated. If applicable,a summary of the data migration and interface scope-which may or may not impact workflows-will also be reviewed. At the conclusion of the Operational Enablement Workshop,Application Setup activities can commence. Responsibilities SUBSCRIBER Responsibilities Mark43 Responsibilities • Ensure the key stakeholders attend (in-person or virtually)the • Host Operational Enablement Workshop for the key SUBSCRIBER Operational Enablement Workshop stakeholders • Provide a physical room that can accommodate up to 15 people • Demo the Mark43 Foundation tenant, highlighting the key and allows for the Mark43 tenant to be presented to those in the applications that will need to be setup room. o Review the activities for the Application Setup Phase o If necessary: ■ Review the high-level scope of the Data Migration ■ Review the high-level scope of each Interface Outcome: Tenant Provisioning Description The initial setup of the SUBSCRIBER's Mark43 core foundation tenant. 92 MARK43 NOTE:The core foundation tenant will serve as the environment where the application setup and interfaces are configured,tested and validated. Tenants required for data migration will be"cloned"from the core foundation tenant. Production tenants will also be cloned from the core foundation tenant. Foundation Tenant Setup (settings to be configured) • Tenant Setup o Login Background o Subdomain (URL) o Report Event Number(REN) Formatting o Agency(s) Information o Compliance Settings ■ Agency Name ■ Federal NIBRS Mapping ■ Agency Code ■ State IBRS Mapping ■ Agency ORI ■ Other State/Local Compliance Mapping ■ County Indicator o Upload Initial User List (Project SMEs) ■ NIBRS Start Date ■ Email ■ Agency Type ■ First Name • Department Profile Information ■ Last Name o Department Logo ■ Badge ID # o Department Information ■ Default Roles ■ Display Name ■ Department Status (Test,Training,etc.) ■ Time Zone ■ NIBRS Regional Group ■ DEX Regional Group ■ Compliance Group o Department Contact Information ■ Phone Number ■ Website o Location Bias ■ Center Lat/Long ■ Lat/Long for NE Corner ■ Lat/Long for SW Corner -a- 92 MARK43 Production Tenants Tenant Name Agency or Agencies Apache Junction Police Department Apache Junction Police Department Responsibilities SUBSCRIBER Responsibilities Mark43 Responsibilities • If necessary, provide any required information to Mark43 • Using the SUBSCRIBER's information, provision a core foundation • Complete any required templates to support the application setup tenant • Provide any required templates to support the application setup Outcome: e its ModuleSe'tup Description The review and configuration of select fields, attributes, rules and/or settings of the Core Reports (Offense/Incident,Arrest and Supplement) in the RMS. Offense/Incident Report Setup • Event Information Card • Vehicle Card Side Panel o Routing Units o NIBRS Property Status*(mapped to NIBRS) o Event Statistics o Association Types o Review Optional Fields o Tow Companies ■ Weather o Drop-Off Locations ■ Other Law Enforcement Agencies On Scene • Offense/Incident Card (also see Compliance Review) information o Offense Codes (mapped to NIBRS) ■ Notification Details o Incident Types • Location Side Panel • Submissions Card o Subdivision 1 Name o Notify Users/Roles o Subdivision 2 Name • Miscellaneous o Subdivision 3 Name o Routing Labels • Person Side Panel ■ Designed to help with routing for Case o Cautions Management o Medical Treatment o Society Profiles -9- 92 MARK43 o Medical Facility o Offense/Incident Status (Report Disposition) o Name Identifier Type • Default Settings o Criminal Street Gang Names o Name of the Report • Organization Side Panel o Abbreviation o Organization Type*(mapped to NIBRS) o Display Title Format • Property Card o Report History Settings o Item Categories*(mapped to NIBRS) o Levels of Approval o Identifier Type o Creation Restriction Settings o NIBRS Property Status*(mapped to NIBRS) o Record ID/ Number Sequence Formatting o Association Types o User/Role Permissions o Reasons for Police Custody o Drop-Off Locations Arrest Report Setup • Arrest Card • Default Settings o Arrest Type*(mapped to NIBRS) o Name of the Report o Tactics Used o Abbreviation o Arrest Statistics o Display Title Format • Charges Card (also see Compliance Review) o Report History Settings o State Charge Codes o Levels of Approval o Local Charge Codes o Creation Restriction Settings o Legacy Options o Record ID/ Number Sequence Formatting • Booking Card o User/Role Permissions o Arrest Disposition*(mapped to NIBRS for Juveniles) • Court Case Card o Court Type o Place Detained At • Arrest Documentation Output o Exports to support the Arrest Process -7 0- 92 MARK43 Supplement Report Setup • Supplement Card • Default Settings o Supplement Type o Name of the Report • Involved Profiles Card o Abbreviation o Involvement Type o Display Title Format o Report History Settings o Levels of Approval o Creation Restriction Settings o Record ID/ Number Sequence Formatting o User/Role Permissions Additional Report Types Setup (See Appendix for Detailed Description) Report Type Name Purpose Use of Force Report Report Use of Force incidents for compliance purposes Traffic Collision Report Creation of Inbound Traffic Collision Reports from TraCS interface Citation Report Creation of Inbound Citations from TraCS interface Responsibilities SUBSCRIBER Responsibilities Mark43 Responsibilities • Attend configuration sessions to setup the application with the • Host configuration sessions to setup the application relevant decision makers and SMEs • Review and explain how fields, attributes, rules and admin settings • If necessary,explain current operational practices and procedures described above can be configured • Make final configuration selections for field names,attributes, rules • Provide best practices to the SUBSCRIBER for application setup and admin settings described above based on operational practices • Complete any required templates to support the application setup • Assist SUBSCRIBER with initial configuration of fields, attributes, • Set aside time to work through the Practice Scenario examples rules and admin settings described above after the application is set up • Provide any required templates to support the application setup MARK43 o Update the Configuration Validation Checklist • Provide Practice Scenario examples after the application is initially setup • Provide the Configuration Validation checklist after the application is initially setup Outcome: se Management Module Setup Description The review and configuration of select fields, attributes, rules and/or settings of Case Management module in the RMS. Case Management Module Setup • Case Types • Case Statuses o Case Name o Can be mapped to Open, Inactive or Closed o Default Assigned Investigator • Routing Labels o Default Routing Unit o These are located on the side of each report to help with o Default Supervisor routing/flagging o Default Case Status • Global Saved Searches o Default Due Date • Workflow Status Terminology(New,Will Not Investigate) o Default Case Tasks o Default User and Role Permissions Responsibilities SUBSCRIBER Responsibilities Mark43 Responsibilities • Attend configuration sessions to setup the application with the • Host configuration sessions to setup the application relevant decision makers and SMEs • Review and explain how fields, attributes, rules and admin settings • If necessary,explain current operational practices and procedures described above can be configured • Make final configuration selections for field names,attributes, rules • Provide best practices to the SUBSCRIBER for application setup and admin settings described above based on operational practices • Complete any required templates to support the application setup • Assist SUBSCRIBER with initial configuration of fields, attributes, • Set aside time to work through the Practice Scenario examples rules and admin settings described above after the application is set up • Provide any required templates to support the application setup -12- MARK43 o Update the Configuration Validation Checklist • Provide Practice Scenario examples after the application is initially setup • Provide the Configuration Validation checklist after the application is initially setup Outcome: e ce Module Setup Description The review and configuration of select fields, attributes, rules and/or settings of the Evidence module in the RMS. Evidence Module Setup • Property Card Configuration • Chain of Custody Options o Item Categories*(mapped to NIBRS) o Check in-Temporary Facility o Identifier Type o Check in- Main Facility o NIBRS Property Status*(mapped to NIBRS) o Update Location Within Facility o Association Types o Check Out- External Location o Reasons for Police Custody(see Retention Policies) o Check Out- Person o Drop-Off Locations o Disposition • Retention Policies o Released o Evidence(based on Offense Code) o Other(based on Reason for Police Custody) o Permanent Transfer-Another Agency • Disposition Approval Settings • Barcode Label Configuration o Number of levels (0, 1 or 2) o Variables to appear on Label o Preferred Workflow • Label Printer Setup o Alternate Workflow o Name • Storage Locations o Server Network o Location Information o Print Network o Sub-Location Hierarchy o Print Settings o Temporary Storage/Permanent Storage • Item Type Settings o Location Permissions o Vehicles Y/N to be tracked as Evidence • Release Timer Settings o Final Release Wait Period • Review Evidence Exports to be Enabled (Evidence Documents) -13- 92 MARK43 Responsibilities SUBSCRIBER Responsibilities Mark43 Responsibilities • Attend configuration sessions to setup the application with the • Host configuration sessions to setup the application relevant decision makers and SMEs • Review and explain how fields, attributes, rules and admin settings • If necessary,explain current operational practices and procedures described above can be configured • Make final configuration selections for field names,attributes, rules • Provide best practices to the SUBSCRIBER for application setup and admin settings described above based on operational practices • Complete any required templates to support the application setup • Assist SUBSCRIBER with initial configuration of fields, attributes, • Set aside time to work through the Practice Scenario examples rules and admin settings described above after the application is set up • Provide any required templates to support the application setup o Update the Configuration Validation Checklist • Provide Practice Scenario examples after the application is initially setup • Provide the Configuration Validation checklist after the application is initially setup Outcome: RIVIS-Booking Module Setup Description The review and configuration of select fields, attributes, rules and/or settings of the Booking module in the RMS. RMS Booking Module Setup • Form Configuration for the following form types: • Configuration of Booking-specific attributes. • Booking Some of these share values from existing RMS attributes • Release • Affiliation • Personal Info • Age • Medical Questionnaire • Agency • Identifiers Configuration • Body Part • Specification of the MNI RMS identifiers that need to show • Bond Posted By up in the Booking module(i.e. SID, NCIC Number) • Bond Status • Specification of Booking number format and generation • Bond Type • Historical Booking migrations • Build • Specification of required PDF exports • Caution Label • Setup of Booking specific roles and abilities in RMS admin • Caution Priority MARK43 • Setup localization of terms • Charge Status • Configuration of LiveScan interface • Charge Type • This is handled as an integration through Mark43's • Citizenship Technical Services team • Currency • Detention Event • Education Level • Ethnicity • Eye Color • Facial Hair Type • Gender • Hair Color • Hair Length • Identifying Mark Type • Issuing Court • Language • Magistrate • Maintenance Items • Marital Status • Mood • Mugshot View • Property Category • Race • Religion • Security Classification • Sex • Skin Tone • State • Yes/No/Unknown Responsibilities SUBSCRIBER Responsibilities Mark43 Responsibilities • Attend configuration sessions to setup the application with the • Host configuration sessions to setup the application relevant decision makers and SMEs • Review and explain how fields, attributes, rules and admin settings • If necessary,explain current operational practices and procedures described above can be configured -15- 92 MARK43 • Make final configuration selections for field names,attributes, rules • Provide best practices to the SUBSCRIBER for application setup and admin settings described above based on operational practices • Complete any required templates to support the application setup • Assist SUBSCRIBER with initial configuration of fields, attributes, • Set aside time to work through the Practice Scenario examples rules and admin settings described above after the application is set up • Provide any required templates to support the application setup o Update the Configuration Validation Checklist • Provide Practice Scenario examples after the application is initially setup • Provide the Configuration Validation checklist after the application is initially setup Outcome: piiace Codes Setup Description The review and configuration of the Offense Codes (mapped to NIBRS, Incident Codes (not mapped to NIBRS) and Charge Codes (for Arrest/Citation)that can be uploaded into Mark43 for users to select when completing certain report types (such as the Offense/Incident and Arrest reports). NOTE: Mark43 will provide 8 hours of best practices and review the templates an agency can complete to bulk upload codes.The SUBSCRIBER will then be responsible for completing the templates and any associated mappings. Compliance Codes Setup (fields,attributes, rules and/or settings to be configured) • Compliance Codes o Offense Code 3 o Offense Codes o Offense Code 3 Type o Incident Types o Offense Code Description o Charge Codes o Offense Code Start Date o Offense/Charge Codes o Offense Code End Date • Individual Code Mapping Options o NIBRS Code o Display Name o Offense Code Classification o Offense Code 1 o Type o Offense Code 1 Type ■ Offense o Offense Code 2 ■ Incident o Offense Code 2 Type ■ Charge ■ Offense/Charge -16- Q/ MARK43 Responsibilities SUBSCRIBER Responsibilities Mark43 Responsibilities • Attend configuration sessions to setup the application with the * Host configuration sessions to setup the application relevant decision makers and SMEs 9 Review and explain how fields, attributes, rules and admin settings • If necessary,explain current operational practices and procedures described above can be configured • Make final configuration selections for field names,attributes, rules * Provide best practices to the SUBSCRIBER for application setup and admin settings described above based on operational practices • Complete any required templates to support the application setup * Assist SUBSCRIBER with initial configuration of fields, attributes, • Set aside time to work through the Practice Scenario examples rules and admin settings described above after the application is set up * Provide any required templates to support the application setup o Update the Configuration Validation Checklist * Provide Practice Scenario examples after the application is initially setup 9 Provide the Configuration Validation checklist after the application is initially setup Outcome: RMS-Administrative Settings Description The review and configuration of the Administrative Setting preferences within RMS. Administrative Settings • Users, Roles and Abilities • Other Admin Tools • Default Roles o Routing Labels • Preferences for Abilities o Export Presets • Upload Users o Export Release Tracking • Permissions Configurations o Narrative Guides • Report Types o Upload Finable PDFs ■ 0 Setup Default User and Role Permissions mapping finable PDFs SUBSCRIBER is responsible for creating and • Additional Modules Enabled m Setup Default User and Role Permissions o Upload Form Templates m SUBSCRIBER is responsible for creating templates o Workflow Status Terminology(Draft, Rejected, 92 MARK43 Pending,Approved, Completed) o Create Global Saved Searches o Setup External Links o Tasks Responsibilities SUBSCRIBER Responsibilities Mark43 Responsibilities • Attend configuration sessions to setup the application with the • Host configuration sessions to setup the application relevant decision makers and SMEs • Review and explain how fields, attributes, rules and admin settings • If necessary,explain current operational practices and procedures described above can be configured • Make final configuration selections for field names,attributes, rules • Provide best practices to the SUBSCRIBER for application setup and admin settings described above based on operational practices • Complete any required templates to support the application setup • Assist SUBSCRIBER with initial configuration of fields, attributes, • Set aside time to work through the Practice Scenario examples rules and admin settings described above after the application is set up • Provide any required templates to support the application setup o Update the Configuration Validation Checklist • Provide Practice Scenario examples after the application is initially setup • Provide the Configuration Validation checklist after the application is initially setup Outcome: CAD-Core Application to Description The review and configuration of select fields, attributes, rules, preferences and/or settings in the CAD. CAD Core Application Setup • Initial Foundation • Optional Modules o Users &Roles/Abilities o Event Labels o Workspaces and Queues o Messaging Groups o Command Line o Rolodex/Contact List o Shortcut Keys • First Responder 92 MARK43 o CAD Preferences o CAD Preferences o CAD Attributes o Unit Status Transitions • Call Taking o Shortcut Keys o Call for Service Types/ Priorities/ Buffers o Call Taker Stations (for ANVALI interface) o Service Rotations o Dispositions • Units/Dispatching o Unit Types o Units o Unit Timers o Unit Statuses and Unit Status Transitions Responsibilities SUBSCRIBER Responsibilities Mark43 Responsibilities • Provide export of legacy CAD data • Host configuration sessions to setup the application • Attend configuration sessions to setup the application with the • Review and explain how fields, attributes, rules and admin settings relevant decision makers and SMEs described above can be configured • If necessary,explain current operational practices and procedures • Provide best practices to the SUBSCRIBER for application setup • Make final configuration selections for field names, attributes, rules based on operational practices and admin settings described above • Assist SUBSCRIBER with initial configuration of fields, attributes, • Complete any required templates to support the application setup rules and admin settings described above • Set aside time to work through the Practice Scenario examples • Provide any required templates to support the application setup after the application is set up • Provide Practice Scenario examples after the application is initially o Update the Configuration Validation Checklist setup • Provide the Configuration Validation checklist after the application is initially setup Outcome: GIS (Locations) Setup Description The setup of the SUBSCRIBER's shapefile types and other location entities in Mark43 in order to resolve locations and addresses. -19- 92 MARK43 NOTE: Mark43 provides ESRI World Geocoder as an additional address search option.This is optional and would be considered a secondary or tertiary option in an address search. Mark43 has partnered with ESRI for a visual basemap. These maps will be for visualization purposes. GIS (Locations) Setup • Shapefile Types • Other Location Entities o Subdivision Polygons o Location Aliases ■ Examples: Beats,Sectors, Districts, o Street Aliases Reporting Areas,Zones, Quadrants,etc. o Location Cautions o Address Points o ESRI Basemap Layers o Street Centerlines Responsibilities SUBSCRIBER Responsibilities Mark43 Responsibilities • Provide shapefile types and other location entities to Mark43 in the • Provide SUBSCRIBER with prerequisites for shapefile types and correct format other location entities • Based on Mark43 review and feedback, update the necessary o Review data for correct format GIS/Locations data • Upload shapefiles/other location entity data into Mark43 tenant • Ensure that the points or centerlines used for Location Entity • Review with SUBSCRIBER the GIS/Location data in the tenant templates are an exact text match with those provided in the • Provide an overview and assist with initial set up of the ESRI shapefiles. basemap • An ESRI Map package containing all visual components (ie. Address Points, Centerline,Subdivisions, POls,etc..) Outcome: Technical wire eta Setup Description Depending on which applications are in-scope, Mark43 will provide consultation on any technical requirements to set up the applications. Technical Requirements Setup • 2 x Setup of Linux Server for Mark43 RMS/CAD Interface/Print • SSO Configuration of Mark43 Tenant Server • DEX Interface Deployment -20- 92 MARK43 • Interface Application Configuration • Build Desktop Integration Services v2 Installer • Setup of Evidence Barcode Label Printers • Setup of AWS S3 Storage/Azure Cloud Storage for Migration • Setup printer services • Setup of AWS S3 RDS/Azure Cloud RDS Instance • Installation of Mark43 Applications on supported Mobile devices and laptops/desktops Responsibilities SUBSCRIBER Responsibilities Mark43 Responsibilities • Setup 2 x Linux Server OS • Configure Linux Server for Mark43 RMS/CAD • Setup Evidence Label Printers • Configure Evidence Print Service and tenant configurations for • Ensure that their hardware and software meet Mark43 each Evidence Label printer requirements for mobile devices, MDTs and workstations • Provide link to CAD Dispatch Application and assist SUBSCRIBER • Download CAD Dispatch Application and set install permissions with mass deployment • Download FR Application and set install permissions • Provide link to FR Application and assist SUBSCRIBER with mass • Provide IDP(Identity Provider) configuration to Mark43 for SSO deployment • Complete DEX Interface Deployment Questionnaire • Configure SUBSCRIBER SSO access to Mark43's tenant • Provide Mark43 with COM Ports and GPS Modem configuration • Configure the DEX interface and deploy to interface server • Provide Mark43 with public IP(s)that will access AWS S3 data • Build and test Desktop Integration Services, provide installer to the • Provide Mark43 with VPN access for configurations SUBSCRIBER • Configure AWS S3 and provide SUBSCRIBER with AWS S3 Credentials Outcome: t Lake Setup Description The setup of the Mark43 Data Lake for the foundation tenant and production tenant. Responsibilities SUBSCRIBER Responsibilities Mark43 Responsibilities • Complete Data Lake Request Form • Provide Data Lake Request Form • Installation of SQL Server Management Studio • Setup Data Lake • Grant Data Lake access to authorized users -21- 92 MARK43 Outcome: CJIS/DEX Setup Description Mark43 will work with the SUBSCRIBER to coordinate a successful CJIS and Data Exchange (DEX) CAD implementation through a partnership with Commsys. CJIS/DEX Technical Setup • Purchase and Setup of criminal history database servers o Software Requirements o Hardware Requirements: ■ Supported Microsoft Operating System (32 or 64 ■ Minimum Hardware Requirements bit) ■ 1.4GHz 32-or 64-bit processor ■ Windows Server 2016 ■ 4GB RAM ■ Windows Server 2012 R2 ■ 120GB Hard Drive (For operating system) ■ Windows Server 2008 R2 (SP1,SQL Server 2014 ■ 120GB Hard Drive (For database storage if and lower) ConnectCIC audit logging is enabled) ■ For development/testing platforms with SQL Server ■ SVGA Monitor with a resolution of 1024x768 and Express editions: 256 colors • Windows 8.1 ■ Hardware pointing device • Windows 10 ■ Network connectivity to partner server and • Microsoft SQL Server Microsoft SQL Server(if installed on a separate • Microsoft SQL Server Management Studio hardware platform) • SQL Server 2012 SP4 or higher(including Express Editions) • By default, ConnectCIC installations require Mixed Mode Authentication • SQL Server Browser service startup must be set to automatic Responsibilities SUBSCRIBER Responsibilities Mark43 Responsibilities • Apply for&Obtain CJIS Systems Agency approval for message • Complete/Execute Commsys Contract switch access in support of the project • Complete Commsys Checklist • Purchase/Deploy Commsys Server hardware • Configure DEX Settings in Mark43 -22- 92 MARK43 • Compile Third-Party Device Name/Host Name/mnemonic, state • Install Commsys software on Commsys Server(Commsys) terminal id configuration list(for Commsys Customers) • Install software on interface server and test • Complete DIS Installation • Commsys to Configure Device/Host name/mnemonic,state • Configure DEX users in Mark43 terminal id from compiled list (Commsys) • Configure DEX devices in Mark43 (Not required for Commsys • Cutover/Validation/Go-live Plan interfaced customers) • Complete DEX testing in Mark43 • Validate State ID Requirements for Users and Map in Mark43 Interfaces and Data Migrat Jon Outcome: Interf Description Mark43 and Subscriber will perform the tasks required to design,develop,optimize,test and integrate the Mark43 platform with third party systems listed below. Each interface will require its own Interface Scope Document once the project begins. Interface Name Report Types or Direction High Level Overview Products Involved E911 ANVALI CAD Inbound Consume provided caller information automatically populating identified fields in CAD events reducing keystrokes for dispatchers/call-takers LexisNexis Community RMS Outbound Export sanitized data to a third party for communal visibility Crime Mapping LexisNexis Accurint RMS Outbound Provide third party vendor with access to report data for external analysis Virtual Crime Center CarFax RMS Outbound Provide third party vendor with access to crash report data Southwest Law RMS Outbound Provide third party vendor with access to report data for external analysis/reporting Enforcement (DataLake interface) Information Exchange Leads Online RTCC RMS Outbound Provide third party vendor with access to report data for external analysis -23- MARK43 ADOT Tracs Citations & RMS Inbound Create reports based on data provided by third party. Data will land on the Citation Crash and the Traffic Collision reports. IA Pro Blue Team RMS Outbound Provide third party with report data to reduce duplicate entry for personnel SPIDR Tech CAD Outbound Automatically send text messages to your reporting parties and 911 callers, keeping them updated on the status of their call Axon RMS Inbound Create hyperlinks to a third party(appended to Mark43 reports)that direct personnel to respective data in an external system Outcome: Data Migration Description Mark43 and Subscriber will perform the tasks required to migrate certain data from the legacy systems listed below. A detailed data migration scope will be included in the"Appendix-Data Migration"section. Data Migration Type Legacy System DCM 4: Evidence Standalone-Standard TraQ DCM 5: CAD Lite Central Square Enterprise DCM 8: RMS with Evidence-Standard Central Square Enterprise Enablement Phase Outcome: Ena e e t (For all in-scope applications) Description Once the initial application has been configured (during the Application Setup Phase), Mark43 will provide practice scenario examples and configuration validation checklists to the SUBSCRIBER. Prior to the Enablement Phase,the SUBSCRIBER is expected to utilize the Practice Scenario examples and perform Parallel Processing to validate that the application was configured as outlined in the Statement of Work. Parallel Processing can be conducted by -24- 92 MARK43 utilizing Mark43 CAD side-by-side with the SUBSCRIBER's legacy CAD system in order to ensure that Mark43 CAD is configured properly. The Practice Scenario examples, Parallel Processing and Configuration Validation checklist must be completed prior to starting the Enablement Phase. The Enablement Phase is then intended to review any SUBSCRIBER feedback from the practice scenario examples and the configuration validation checklist. An Enablement Session will be scheduled between the SUBSCRIBER and Mark43 to discuss any requested changes and agree upon appropriate modifications. Mark43 will then modify or work with the SUBSCRIBER to modify the system prior to training. Responsibilities SUBSCRIBER Responsibilities Mark43 Responsibilities • Complete the Practice Scenario examples after the application is • Provide the Practice Scenario examples after the application is initially setup initially setup o Identify specific events or a time range to use for Parallel • Provide the Configuration Validation checklist after the application Processing activities is initially setup ■ Enter event data into Mark43 as though Mark43 is • Host follow-up configuration sessions with SMEs to review practice now the source of truth scenarios and answer follow up questions • Make updates to the Configuration Validation Checklist • Provide framework for and demonstrate Parallel Processing • Attend follow-up Q&A session with any questions prepared activities Outcome: Training and AdditionalServices Description Mark43 offers a variety of Train the Trainer, Direct End User Training and Additional Service offerings, as described in the"Appendix-Training/Additional Services Descriptions"section. The following Training Courses are in scope: Training Courses (See"Appendix-Training/Additional Services Descriptions"for detailed description) Training Course Quantity On-Site or Remote -25- 92 MARK43 RMS Direct End User Training (Includes Reports, Cases, Property&Evidence Entry) 4 On-Site RMS Evidence Module 1 On-Site RMS Records &System Administration 1 Remote RMS Compliance Dashboard 1 Remote CAD Telecommunicator Direct End User 2 On-Site First Responder Direct End User 4 On-Site CAD System Administration 1 Remote Additional Services Hours (See"Appendix-Training/Additional Services Descriptions"for detailed descriptions) Additional Services Description Hours On-Site or Remote Analytics Training/Development 8 Remote Fillable PDF Training 4 Remote NIBRS/Compliance Dashboard Configuration 8 Remote Offense Code Configuration 8 Remote PS Engineering Setup 8 Remote GIS/Mapping 8 Remote Launch Outcome: Pre-Launch Support Description -26- 92 MARK43 Mark43 to provide the agency with a Cutover plan to ensure a smooth transition, including launch support resources and triaging support issues. Pre-Launch Support • Cutover Checklist • Review Support Plan for beyond Launch • Production Tenant Setup • Launch Issue Tracker • SUBSCRIBER Success Engagement Review • Go/No-Go Meeting • Review Launch Support Plan and Triage Plan Responsibilities SUBSCRIBER Responsibilities Mark43 Responsibilities • SUBSCRIBER will participate in the SUBSCRIBER Success • Mark43 will provide the Cutover Checklist to SUBSCRIBER Engagement Review • Mark43 will lead the SUBSCRIBER Success Engagement Review • SUBSCRIBER will attend and confirm launch at the Go/No Go • Mark43 will create and share the Support Plan for Launch & Beyond Meeting • Mark43 will create the Launch Issue Tracker • SUBSCRIBER will communicate the details of launch to their • Mark43 will host the Go/No Go Meeting agency in a timely manner • Mark43 will clone the Production tenant • SUBSCRIBER will establish a process for managing and escalating • Mark43 will create the Production Data Lake issues during launch to the project team and communicate those • Mark43 will turn on SSO in the Production tenant (if necessary) to the wider agency • Mark43 will complete CAD-specific pre-launch items: • Install Mark 43 CAD and FR app • Determine CAD Event and Case #for Go-Live • Inactivate Users in Foundation Tenant • Notify Dispatchers and FR Users of Cutover Time • Interfaces-Set Up Tech Services Notifications • Activate Users in Production Environment • Set Up Workstations, Log In Users and Log On Units • Mark43 will complete RMS-specific pre-launch items: • Turn on QuickCrash in the Prod Tenant • Clone Analytics Reports o Upload Evidence Locations -27- Q/ MARK43 Outcome: Launch Support Description Mark43 will partner with the SUBSCRIBER to have a successful cutover to the Mark43 system, inclusive of support from the Mark43 team and the SUBSCRIBER project team and super users. Launch Support • RMS In-Person Application Support • Data Migration Virtual Support (if necessary) • CAD In-Person Application Support • Interface Virtual Support (if necessary) • PM In-Person Support • Technical Requirements Virtual Support(if necessary) • Launch Confirmation Email Responsibilities SUBSCRIBER Responsibilities Mark43 Responsibilities • SUBSCRIBER will provide adequate support for launch, inclusive of • Mark43 will provide contracted support for launch the identified super users • Mark43 will send out the Go-Live invoice following the Launch • SUBSCRIBER will send the Launch Confirmation email to the Confirmation email Mark43 Project Manager to confirm they are live on Mark43 Outcome: Post-Launch Support Description Mark43 will provide a clear framework to the SUBSCRIBER for communicating any issues encountered post launch, both in the immediate and long term. Post-Launch Support • Continued RMS Virtual Application Support • Continued Virtual Data Migration Support o 3 hours of NIBRS Dashboard Error Corrections • Continued Virtual Interface Support • Continued CAD Virtual Application Support • Introduction to the Mark43 Customer Support Team • Continued Virtual PM Support -28- �� �� �� 0�0���� ��� m~mm����m�r���� Responsibilities SUBSCRIBER Responsibilities Mark43 Responsibilities • SUBSCRIBER will escalate issues to the Mark43 project team for * Host weekly/bi-weekly Launch Issue Tracker review meeting the first 30 days post launch 9 Mark43 Project Manager will introduce the SUBSCRIBER to the • SUBSCRIBER will transition to escalating issues through Mark43 Customer Support Team SUBSCRIBER Support from 30 days post launch onward * Mark43 will manage issues logged in the Launch Issue Tracker for up to 30 days post launch * Mark43 Customer Support will provide a transition call to the I SUBSCRIBER for logging issues from 30 days post launch onward Project Close Out Description K8erk43 Project Manogennentvvi|| o|oaeouttheproject officially with the SUBSCRIBER, and transition the SUBSCRIBER to the Mark43 SUBSCRIBER Success team for ongoing support and operations. SUBSCRIBER Responsibilities Mark43 Responsibilities SUBSCRIBER will attend the Project Close Out Meeting * Mark43 will create a final documentation report • Mark43 will hold a Project Close Out Meeting with SUBSCRIBER stakeholders • Mark43 will send a project close out email following the meeting • Mark43 Project Manager will transition the project to SUBSCRIBER Success for operations ����������°����� ~ �~�~�~=~~~���"~=°=�= � M3rk43iS not responsible for configuring n0n-K48rk43products. ~ Professional Services is limited to the Scope of Services of each offering purchased. � Mark43 is not responsible for evaluating the SUBSCRIBER's current state practices, policies,or procedures for the purpose of process improvement or performance improvement. w Professional Services within this Statement of Work will be delivered to SUBSCRIBER remotely unless agreed otherwise. � When combining individual professional services offerings (Core Application Setup,Additional Reports and/or Modules, Interfaces, Data Migration MARK43 and Training),there will be one (1) project management/preparation phase, one(1) application setup phase,one (1) enabgement phase and one (1) launch phase. • Creating agency specific forms or fellable PDFs to be generated from the application is not the responsibility of Mark43. • Mark43 is not responsible for the codes (offenses,charges,etc) or compliance mappings that will be enabled and maintained in the system. • After the application is initially set up,the SUBSCRIBER will be able to maintain the configuration of the tenant, including users, roles and abilities. • All configurations and content mappings are based on Mark43 default configurations. Mark43 is not responsible for the re-purposing of any fields. • Mark43 Professional Services team will determine which support tickets directly impact the Outcomes listed herein,and will manage and resolve support cases that prevent the Outcomes from being completed. Any support cases not directly impacting project Outcomes will be managed by Mark43 SUBSCRIBER Success and Support teams in accordance with SUBSCRIBER's agreement in place with Mark43. Remaining,open support cases will not keep this Statement of Work open as long as all Outcomes defined herein have been performed. • Mark43 resources will not be responsible for updating SUBSCRIBER project tracking tools and systems. • Mark43 resources will not be responsible for creating or maintaining any internal documentation for the SUBSCRIBER regarding use of the application. Project Scope Exclusions The following activities and responsibilities are excluded from the scope of the implementation: • Implementation of products or delivery of services not included within this SOW or the SLSA. • Evaluation of Subscriber's current state practices, policies,or procedures for the purpose of process improvement or performance improvement. • Troubleshooting of any issues not related to Mark43 software, Mark43 development,or Mark43 interfaces, unless otherwise outlined. • Interfacing,or integrating,from or to Mark43 from other systems or third parties other than those specified in this SOW or the SLSA. • Installation of any non-Mark43 software, servers,workstations or any other hardware. Export of Mark43 data to other systems or third parties other than those specified in the SLSA. Project Resources and Scheduling Planned On-Site Visits During a standard Mark43 Services Engagement, Mark43 intends to be on-site with the SUBSCRIBER for 3 separate sessions throughout the project.All other work is intended to be done remotely throughout the engagement unless otherwise determined by the Statement of Work. Planned On-site Schedule(Dates to be determined in conjunction with Mark43 Project Manager) o Application Setup ■ Duration: 3 days ■ Mark43 Attendees: Project Manager, RMS Consultant, CAD Consultant o Engblement Review -30- MARK43 ■ Duration: 3 days ■ Mark43 Attendees: RMS Consultant,CAD Consultant • On-Site Support ■ Duration: 3 days ■ Mark43 Attendees: Project Manager, RMS Consultant, CAD Consultant • Additional On-Sites ■ Additional on-sites to the standard 3 sessions described above may be purchased at additional cost. Resourcing • Mark43 will assign project resource(s)with the appropriate skills to deliver the Professional Services, including a project manager("Mark43 Project Manager")to serve as a single point of contact for the administration and management of the project. • Mark43 resources may be subject to change at any time throughout the project,where the Mark43 Project Manager will notify SUBSCRIBER as soon as practicable of any such changes. • Remote Deployment Services must be scheduled in a minimum of four(4) hour blocks. • In the event on-site delivery is agreed upon,those tasks identified to be performed on-site shall be at a deployment location mutually agreed to by the parties. On-site Deployment Services, if any,will be scheduled in a minimum of three (3) day blocks,where one (1) day equals eight (8) hours, subject to SUBSCRIBER's local business hours, unless otherwise agreed to by the parties. • For any on-site visits,the SUBSCRIBER will be able to provide space and schedule the appropriate resources to attend any meetings. • Mark43 resource(s) shall work within standard business hours and will adhere to Mark43's local office holiday schedule. • Deployment Services shall not exceed 40 hours per week. • SUBSCRIBER must provide a minimum of two (2) weeks advance written notice to reschedule Deployment Services. Such notice may be provided via e-mail to the Mark43 Project Manager. Change Order Process • A Change Order may be initiated by either party through the change order form provided by Mark43. • Either Project Manager may request a change by email to the other party's Project Manager and the two shall jointly review. • Until a Change Order is either executed between SUBSCRIBER and Mark43 or attached to an additional Order,the Professional Services will continue in accordance with the latest agreed version of the Statement of Work. Miscellaneous • Upon Mark43's acceptance of an Order, Mark43 or representative thereof shall schedule a Project Kick-off Meeting where mutual agreements on staffing and project start date will be determined. Professional Services will not commence until the SUBSCRIBER prerequisites and Project Kick-off -31- MARK43 Meeting have been completed. • Professional Services shall expire one (1)year from the date of the Order("Expiration Date"), unless otherwise mutually agreed upon by the parties in writing. For clarity, Deployment Services not initiated or initiated but not completed by the Expiration Date shall expire. -32- 92 MARK43 Appendix - Report Types Setup Outcome: RMS-Additional Reports Setup Description The review and configuration of select fields, attributes, rules and/or settings of any Additional Reports in the RMS. Stop Report Setup • Stop Card ■ What facts give rise to a RAS person armed o Note: Fields available could be subject to ■ What facts give rise to a RAS presently local/state requirements dangerous o Available fields include: ■ If Searched,describe the probable cause ■ 4 Standard Check Boxes with Free Text ■ If Searched,describe the Exigent Option Circumstances ■ Officer Years of Experience ■ Did Subject consent to a search of their ■ Officer Type of Assignment property? ■ Start Date/Time of Stop ■ If a weapon was found,what type? ■ End Date/Time of Stop ■ Disposition for Contact/Stop ■ Stop Made in Response to Call for Service ■ Explain Disposition for Contact/Stop ■ Stop Type ■ Was information collected in an Offense ■ Reason For Stop Report? ■ Reason for Stop Description ■ Was a Stop involved? ■ What Facts give rise to Stop ■ What was the reason for the Stop? ■ Was the Subject Screened? ■ Explain what was the reason for the Stop ■ Search/Frisk Conducted? ■ Was an Arrest Involved? ■ Reason for Search? • Default Settings ■ Was Search Consented? o Name of the Report ■ Was Physical Force resulting in BI used o Abbreviation during Stop? o Display Title Format ■ Was Contraband Discovered? o Report History Settings ■ Description of Contraband o Levels of Approval ■ Contraband Type Other o Creation Restriction Settings ■ Result of Stop o Record ID/ Number Sequence Formatting ■ Arrest Based On? o User/Role Permissions ■ Was Race/Ethnicity Known Prior to Stop? -33- MARK43 ■ Violation Number ■ What facts give rise to a RAS indicated crime Field Contact Report Setup • Field Contact Card • Default Settings o Field Contact Type o Name of the Report o Primary Reason for Contact/Stop o Abbreviation o Field Contact Disposition o Display Title Format o Report History Settings o Levels of Approval o Creation Restriction Settings o Record ID/ Number Sequence Formatting o User/Role Permissions Citation Report Setup • Citation Card • Default Settings o Citation Number o Name of the Report o Issued Date/Time o Abbreviation o Citation Type o Display Title Format o Posted Speed o Report History Settings o Actual Speed o Levels of Approval o Charge Offense o Creation Restriction Settings o Citation Statistics o Record ID/ Number Sequence Formatting o User/Role Permissions Traffic Collision Report Setup • Default Settings -34- 92 MARK43 o Name of the Report o Abbreviation o Display Title Format o Report History Settings o Levels of Approval o Creation Restriction Settings o Record ID/ Number Sequence Formatting o User/Role Permissions Missing Persons Report Setup • Missing Persons Card • Default Settings o Date/Time of Last Contact o Name of the Report o Missing Person Type o Abbreviation o Missing Person Criticality o Display Title Format o Missing Person Status o Report History Settings o Closure Date o Levels of Approval o Additional Information o Creation Restriction Settings o Record ID/ Number Sequence Formatting o User/Role Permissions Towed Vehicle Report Setup • Tow Vehicle Card • Default Settings o Tow Vehicle Status o Name of the Report o Remarks and Conditions of Vehicle o Abbreviation o Tow Company Called o Display Title Format o Time Tow Company Called o Report History Settings o Time Vehicle was Towed o Levels of Approval o Reason for Tow o Creation Restriction Settings o Owner Contact Attempt o Record ID/ Number Sequence Formatting o If Owner Contact Attempt Yes- o User/Role Permissions o Additional Notes -35- 92 MARK43 Impound Report Setup Impound Card • Default Settings o Time Entered o Name of the Report o NCIC Stolen Vehicle o Abbreviation o Local? o Display Title Format o Time Canceled o Report History Settings o NCIC Recovered Vehicle o Levels of Approval o Local o Creation Restriction Settings o Keys in Vehicle o Record ID/ Number Sequence Formatting o Vehicle Locked o User/Role Permissions Behavioral Crisis Report Setup • Behavioral Crisis Card • Default Settings o Contact Start Date o Name of the Report o Contact End Date o Abbreviation o CIT Officer Requested o Display Title Format o CIT Officer Dispatched o Report History Settings o CIT Officer Arrived o Levels of Approval o Exhibiting Behavior o Creation Restriction Settings o Explain Other Exhibiting Behavior o Record ID/ Number Sequence Formatting o Weapon or Force Involved o User/Role Permissions o Explain Other Weapon o Techniques Used o Explain Other Techniques Used o Crisis Disposition Community Information Report Setup • Community Information Card • Default Settings o Reason for Contact o Name of the Report -36- 92 MARK43 o Disposition o Abbreviation o Type(s) of Information o Display Title Format o Information Obtained From o Report History Settings o Levels of Approval o Creation Restriction Settings o Record ID/ Number Sequence Formatting o User/Role Permissions Use of Force Report Setup • Use of Force Fields ■ Subject o Note: Fields available could be subject to ■ Threat Direct At local/state requirements ■ Was Subject Impaired o Available fields include: ■ Impairment Type ■ Initial Contact Type ■ De-Escalation Attempted ■ Officer ■ De-escalation Type ■ Officer Name ■ De-escalation Successful ■ Officer Badge ■ Subject Perceived Armed With ■ Officer Date of Birth ■ Subject Confirmed Armed With ■ Age ■ Officer Attempted to Disarm Subject ■ Is Officer Employed Full Time ■ Subject Resisted ■ Officer Sex ■ Subject Resistance Type ■ Officer Race ■ Subject Behaved Erratically ■ Officer Dress ■ Officer Used Force on Subject ■ Officer Medical Aid Received ■ Type of Force Used by Officer ■ Was Officer on Duty ■ Explain Type of Force Used by Officer Other ■ Officer Duty Type ■ Location of Force USed by Officer ■ Did Incident Result in Crime Report ■ Explain Location of FOrce Used by Officer ■ Officer Rank Other ■ Officer Duty Assignment ■ Subject Injury Severity ■ Officer Years of Service ■ Subject Deceased as Result of Use Of Force ■ Officer Height ■ Subject Injury Type ■ Officer Weight ■ Subject Medical Aid Received ■ Did Officer Approach ■ Subject Used Force on Officer ■ Was Senior Officer Present ■ Type of Force Used by Subject -37- MARK43 ■ Was a Supervisor On-Scene ■ Explain Type of Force Used by Subject Other ■ Supervisor Name ■ Was Officer Injured ■ Supervisor HR# ■ Officer Assault/ Homicide Incident Number ■ Supervisor Unit ■ Is Officer Assault/ Homicide Incident ■ Officer Ambushed Number Status ■ Other Officers Involved but Unknown ■ Officer Injury Severity ■ Minimum #of Unknown Officers Involved ■ Officer Injury Type ■ Name of Other Involved Agency ■ Officer Deceased as Result of Use of Force ■ Other Involved Agency ORI ■ Subject Disposition ■ Other Involved Agency Case Number • Default Settings ■ User of Force Event Statistics o Name of the Report ■ Use of Force Location o Abbreviation ■ Subject Firearm Discharge- Intentional o Display Title Format ■ Subject Fire Discharge-Accidental o Report History Settings ■ Did the Officer Fire Any Shots o Levels of Approval ■ Number of Shots Fired o Creation Restriction Settings ■ Number of Shots Hit o Record ID/ Number Sequence Formatting o User/Role Permissions Additional Supplement(+NEW) Report Setup • Supplement Card • Default Settings o Supplement Type o Name of the Report • Involved Profiles Card o Abbreviation o Involvement Type o Display Title Format o Report History Settings o Levels of Approval o Creation Restriction Settings o Record ID/ Number Sequence Formatting o User/Role Permissions Responsibilities SUBSCRIBER Responsibilities Mark43 Responsibilities -38- 92 MARK43 • Attend configuration sessions to setup the application with the • Host configuration sessions to setup the application relevant decision makers and SMEs • Review and explain how fields, attributes, rules and admin settings • If necessary,explain current operational practices and procedures described above can be configured • Make final configuration selections for field names,attributes, rules • Provide best practices to the SUBSCRIBER for application setup and admin settings described above based on operational practices • Complete any required templates to support the application setup • Assist SUBSCRIBER with initial configuration of fields, attributes, • Set aside time to work through the Practice Scenario examples rules and admin settings described above after the application is set up • Provide any required templates to support the application setup o Update the Configuration Validation Checklist • Provide Practice Scenario examples after the application is initially setup • Provide the Configuration Validation checklist after the application is initially setup Appendix - Training/Additional Services Descriptions Outcome: Train the Trainer Description Mark43 offers direct end-user training sessions where all agency individuals are trained by Mark43. Mark43 RMS: Reports Module Train-the-Trainer This training session will teach attendees about the Reports Module in • 18 hours total (3 sessions-6 hours each) Mark43 RMS. • Training will be delivered on-site. • Maximum attendees of 15. • After completing this course,you will know how to: • The same 15 attendees will attend all three sessions. o Write an Offense/Incident,Arrest,and Supplement report • Day 1 &2 consists of instruction and scenarios o Search and filter reports • Day 3 consists of role play. o Navigate through the Reports Dashboard Mark43 RMS: Cases Module Train-the-Trainer This training session will teach attendees about the Cases Module in • 6 hours total (2 sessions-3 hours each) -39- 92 MARK43 Mark43 RMS. • Training will be delivered on-site. • Maximum attendees of 15. • After completing this course,you will know how to: • The same 15 attendees will attend all three sessions. • Navigate through the Cases Dashboard • Day 1 consists of instruction and scenarios • Create a case from the Offense/Incident report • Day 2 consists of role play. • Create a case from the Cases Module Mark43 CAD: First Responder Train-the-Trainer This training session will teach attendees about First Responder Mode in • 6 hours total (2 sessions-3 hours each) Mark43 CAD. • Training will be delivered on-site. • Maximum attendees of 15. • After completing this course,you will know how to: • The same 15 attendees will attend all three sessions. • Assign yourself to events and search for CAD events • Day 1 consists of instruction and scenarios • Use the Self-Initiate/Active Assignment window • Day 2 consists of role play. • Navigate the Map, DEx, and More Options Menu • Send Messages and use the Units List • Review OnScene App functionality(if applicable) Responsibilities SUBSCRIBER Responsibilities Mark43 Responsibilities • Provide training space to train individuals,e.g. computer lab, • Mark43 will provide access to our knowledge portal. training room, and the like,for all scheduled training sessions. • Mark43 will provide access to agency individuals to our Learning • The training space will need to be equipped with a projector so Management System (Mark43 Academy). Mark43 personnel can use it to share their screen with the • Mark43 will provide standardized training agendas,training attendees. For all remote training sessions,the agency will need to worksheets, and scenarios to the subscriber. Note: Mark43 will not update these training materials after the determined go-live date. supply speakers so the attendees can hear the session. The SUBSCRIBER will need to do this on their own. • Internet connection and computers and mobile devices (if required) • Mark43 will conduct the number of training sessions identified in for trainees to use during training. this SOW. • Subscriber will need to ensure that Chrome or Edge is installed on • Mark43 will partner with the subscriber to solidify dates and times all computers as this is the preferred browser. of all training sessions, including weekend and overnight training • Each trainee attending the session will need their own computer sessions. station. -40- 92 MARK43 • Agency provides a participant roster to Mark43 no less than 2 weeks before on-site training begins. • Before training occurs,the agency must ensure all users have accounts and correct roles in the Mark43 system • Subscriber will need to ensure all trainees have logged in successfully to the appropriate Mark43 software. • For any additional training outside of what is defined within this SOW,the subscriber should follow the Change Control Process outlined in the Change Control section to request additional training services. Outcome: Direct End User Tmining Description Mark43 offers direct end-user training sessions where all agency individuals are trained by Mark43. Mark43 RMS: Reports Module On-site This training session will teach attendees about the Reports Module in • 4 hours total Mark43 RMS. • Training will be delivered on-site • Maximum attendees of 30 • After completing this course,you will know how to: • Write an Offense/Incident,Arrest,and Supplement report • Search and filter reports • Navigate through the Reports Dashboard Mark43 RMS: Cases Module On-site This training session will teach attendees about the Cases Module in • 2 hours total Mark43 RMS. • Training will be delivered on-site • Maximum attendees of 30 • After completing this course,you will know how to: • Navigate through the Cases Dashboard • Create a case from the Offense/Incident report • Create a case from the Cases Module -41- MARK43 Mark43 RMS: Evidence Module On-site This training session will teach attendees about the Evidence Module in • 2 hours total Mark43 RMS. • Training will be delivered on-site • Maximum attendees of 15 • After completing this course,you will know how to: • Add,submit, and move evidence • Maintain chain of custody • Disposition evidence • Print item labels and export information • Use the Evidence Mobile App Mark43 RMS: Booking Module On-site This training session will teach attendees about the Booking Module in • 2 hours total Mark43 RMS. • Training will be delivered on-site • Maximum attendees of 15 • After completing this course,you will know how to: • Access the Booking application • Book a detainee • Manage the detainee lifecycle • Log events • Release a Detainee • View master profile information from RMS Mark43 RMS: Records&System Administration On-site This training session will teach attendees about the Records&System • 2 hours total Admin functions in Mark43 RMS. • Training will be delivered on-site • Maximum attendees of 15 • After completing this course,you will know how to: • Approve and validate reports • Seal,vacate, and expunge reports • Merge profiles -42- 92 MARK43 • Manage users, roles, and abilities • Manage reports and attributes Mark43 RMS: Compliance Dashboard On-site This training session will teach attendees about Compliance and NIBRS in • 2 hours total Mark43 RMS. • Training will be delivered on-site • Maximum attendees of 15 • After completing this course,you will know how to: • Understand the difference between UCR Summary and basic NIBRS reporting • Have a good understanding of what the minimum IBRS requirements are to submit a report to the FBI • Understand NIBRS property status rules • Understand jurisdictional reporting rules • Understand mutually exclusive offense rules • Understand victim/suspect relationship card rules • Locate and correct errors on Incident/Offense Reports and Arrest Reports in the Mark43 RMS Mark43 RMS:Warrants On-site This training session will teach attendees about the Warrants Module in • 2 hours total Mark43 RMS. • Training will be delivered on-site • Maximum attendees of 15 • After completing this course,you will know how to: • Navigate through the Warrants Module • Add and work with Warrants • Fill out the Warrants cards Mark43 RMS: Reports Module Remote This training session will teach attendees about the Reports Module in • 4 hours total Mark43 RMS. • Training will be delivered remotely -43- 92 MARK43 • Maximum attendees of 30 • After completing this course,you will know how to: • Write an Offense/Incident,Arrest,and Supplement report • Search and filter reports • Navigate through the Reports Dashboard Mark43 RMS: Cases Module Remote This training session will teach attendees about the Cases Module in • 2 hours total Mark43 RMS. • Training will be delivered remotely • Maximum attendees of 30 • After completing this course,you will know how to: • Navigate through the Cases Dashboard • Create a case from the Offense/Incident report • Create a case from the Cases Module Mark43 RMS: Evidence Module Remote This training session will teach attendees about the Evidence Module in • 2 hours total Mark43 RMS. • Training will be delivered remotely • Maximum attendees of 15 • After completing this course,you will know how to: • Add,submit, and move evidence • Maintain chain of custody • Disposition evidence • Print item labels and export information • Use the Evidence Mobile App Mark43 RMS: Booking Module Remote This training session will teach attendees about the Booking Module in • 2 hours total Mark43 RMS. • Training will be delivered remotely • Maximum attendees of 15 • After completing this course,you will know how to: -44- 92 MARK43 • Access the Booking application • Book a detainee • Manage the detainee lifecycle • Log events • Release a Detainee • View master profile information from RMS Mark43 RMS: Records&System Administration Remote This training session will teach attendees about the Records&System • 2 hours total Admin functions in Mark43 RMS. • Training will be delivered remotely • Maximum attendees of 15 • After completing this course,you will know how to: • Approve and validate reports • Seal,vacate, and expunge reports • Merge profiles • Manage users, roles, and abilities • Manage reports and attributes Mark43 RMS: Compliance Dashboard Remote This training session will teach attendees about Compliance and NIBRS in • 2 hours total Mark43 RMS. • Training will be delivered remotely • Maximum attendees of 15 • After completing this course,you will know how to: • Understand the difference between UCR Summary and basic NIBRS reporting • Have a good understanding of what the minimum IBRS requirements are to submit a report to the FBI • Understand NIBRS property status rules • Understand jurisdictional reporting rules • Understand mutually exclusive offense rules • Understand victim/suspect relationship card rules • Locate and correct errors on Incident/Offense Reports and Arrest Reports in the Mark43 RMS -45- 92 MARK43 Mark43 RMS:Warrants Remote This training session will teach attendees about the Warrants Module in • 2 hours total Mark43 RMS. • Training will be delivered remotely • Maximum attendees of 15 • After completing this course,you will know how to: • Navigate through the Warrants Module • Add and work with Warrants • Fill out the Warrants cards Mark43 CAD:Telecommunicator On-site This training session will teach telecommunicators how to navigate and • 6 hours total use Mark43 CAD. • Training will be delivered on-site • Maximum attendees of 15 • After completing this course,you will know how to: • Navigate through Mark43 CAD • Add a new call taking entry • Use the Events and Units Queues • Utilize the Map • Use the command line Mark43 CAD: System Administration On-site This training session will teach system administrators how to set-up and • 2 hours total maintain Mark43 CAD. • Training will be delivered on-site • Maximum attendees of 15 • After completing this course,you will know how to: • Manage the system settings for Mark43 CAD • Manage users, roles, and abilities Mark43 CAD: First Responder On-site -46- 92 MARK43 This training session will teach attendees about First Responder Mode in • 2 hours total Mark43 CAD. • Training will be delivered remotely • Maximum attendees of 30 • After completing this course,you will know how to: • Assign yourself to events and search for CAD events If OnScene App purchased: • Use the Self-Initiate/Active Assignment window • 3 hours total • Navigate the Map, DEx, and More Options Menu • Training will be delivered remotely • Send Messages and use the Units List • Maximum attendees of 30 • Review OnScene App functionality(if applicable) Mark43 CAD:Telecommunicator Remote This training session will teach telecommunicators how to navigate and • 6 hours total use Mark43 CAD. • Training will be delivered remotely • Maximum attendees of 15 • After completing this course,you will know how to: • Navigate through Mark43 CAD • Add a new call taking entry • Use the Events and Units Queues • Utilize the Map • Use the command line Mark43 CAD: System Administration Remote This training session will teach system administrators how to set-up and • 2 hours total maintain Mark43 CAD. • Training will be delivered remotely • Maximum attendees of 15 • After completing this course,you will know how to: • Manage the back-end of Mark43 CAD • Manage users, roles, and abilities Mark43 CAD: First Responder Remote This training session will teach attendees about First Responder Mode in • 2 hours total -47- MARK43 Mark43 CAD. • Training will be delivered remotely • Maximum attendees of 30 • After completing this course,you will know how to: • Assign yourself to events and search for CAD events If OnScene App purchased: • Use the Self-Initiate/Active Assignment window • 3 hours total • Navigate the Map, DEx, and More Options Menu • Training will be delivered remotely • Send Messages and use the Units List • Maximum attendees of 30 • Review OnScene App functionality(if applicable) Responsibilities SUBSCRIBER Responsibilities Mark43 Responsibilities • Provide a training space to train individuals,e.g. computer lab, • Mark43 will provide access to our knowledge portal. training room, and the like,for all scheduled training sessions. • Mark43 will provide access to agency individuals to our Learning • The training space will need to be equipped with a projector so Management System (Mark43 Academy). Mark43 personnel can use it to share their screen with the • Mark43 will provide standardized training agendas,training attendees. For all remote training sessions,the agency will need to worksheets, and scenarios to the subscriber. Note: Mark43 will not update these training materials after the determined go-live date. supply speakers so the attendees can hear the session. The SUBSCRIBER will need to do this on their own. • Internet connection and computers for trainees to use during • Mark43 will conduct the number of training sessions identified in training. this SOW. • Subscriber will need to ensure that Chrome or Edge is installed on • Mark43 will partner with the subscriber to solidify dates and times all computers as this is the preferred browser. of all training sessions, including weekend and overnight training • Each trainee attending the session will need their own computer sessions. station. • Agency provides a participant roster to Mark43 no less than 2 weeks before on-site training begins. • Before training occurs,the agency must ensure all users have accounts and correct roles in the Mark43 system • Subscriber will need to ensure all trainees have logged in successfully to the appropriate Mark43 software. • For any additional training outside of what is defined within this SOW,the subscriber should follow the Change Control Process outlined in the Change Control section to request additional training services. -48- 92 MARK43 Outcome: Additional Services Description Mark43 offers additional support services where agency personnel can work directly with Mark43 consultants. Mark43 Analytics Training/Development Remote This support session will inform attendees about Mark43 Analytics best • Services will be delivered remotely in one(1) hour blocks practices. • Attendees should have a basic understanding of data fields, data types,data analysis, and data visualization • After completing this session,you will know how to: • Maximum attendees of 10 • Understand the difference between Viewer and Explorer users • Navigate the analytics module • Understand the difference between workspaces • Create,edit, and delete dashboards • Create,edit, and delete data visualizations • Create,edit, and delete dashboard and tile filters • Export dashboards to PDF • Send dashboards via email for ad hoc requests • Create scheduled, automatic sends of dashboards via email Responsibilities SUBSCRIBER Responsibilities Mark43 Responsibilities • Internet connection and computers for attendees to use during • Mark43 will provide access to our knowledge portal. support sessions. • Mark43 will conduct the total support session hours identified in • Subscriber will need to ensure that Chrome or Edge is installed on this SOW. all computers as this is the preferred browser. • Mark43 will partner with the subscriber to schedule dates and • Each attendee will need their own computer workstation. times of all support sessions. • Agency provides a participant roster to Mark43 no less than 2 weeks before remote sessions begin. -49- 92 MARK43 • Before sessions occur,the agency must ensure all users have accounts and correct roles in the Mark43 system. • Subscriber will need to ensure all attendees have logged in successfully to the appropriate Mark43 software. • For any additional support outside of what is defined within this SOW,the subscriber should follow the Change Control Process outlined in the Change Control section to request additional support services. Mark43 Fillable PDF Training/Development Remote This support session will inform attendees about Fillable PDF Creation in • Services will be delivered remotely Mark43 RMS. • Maximum attendees of 5 • After completing this session,you will know how to: • Extract Mark43 Data onto Fillable PDFs • Upload Fillable PDFs into Mark43 • Create Export Presets to easily print Fillable PDFs Responsibilities SUBSCRIBER Responsibilities Mark43 Responsibilities • Agency is required to obtain PDF-editing software (Example:Adobe • Mark43 will provide access to our knowledge portal. Acrobat). • Mark43 will conduct the total support session hours identified in • Internet connection and computers for attendees to use during this SOW. support service sessions. • Mark43 will partner with the subscriber to schedule dates and • Subscriber will need to ensure that Chrome or Edge is installed on times of all support sessions. all computers as this is the preferred browser. • Each attendee will need their own computer workstation. • Agency provides a participant roster to Mark43 no less than 2 weeks before remote sessions begin. -50- MARK43 • Before sessions occur,the agency must ensure all users have accounts and correct roles in the Mark43 system. • Subscriber will need to ensure all attendees have logged in successfully to the appropriate Mark43 software. • For any additional support outside of what is defined within this SOW,the subscriber should follow the Change Control Process outlined in the Change Control section to request additional support services. Mark43 NIBRS/Compliance Dashboard Configuration Remote This support session will inform attendees about NIBRS/Compliance • Services will be delivered remotely Dashboards in Mark43 RMS. • Maximum attendees of 5 • After completing this session,you will know how to: 0 Responsibilities SUBSCRIBER Responsibilities Mark43 Responsibilities • Internet connection and computers for attendees to use during • Mark43 will provide access to our knowledge portal. support service sessions. • Mark43 will conduct the total support session hours identified in • Subscriber will need to ensure that Chrome or Edge is installed on this SOW. all computers as this is the preferred browser. • Mark43 will partner with the subscriber to schedule dates and • Each attendee will need their own computer workstation. times of all support sessions. • Agency provides a participant roster to Mark43 no less than 2 weeks before remote sessions begin. • Before sessions occur,the agency must ensure all users have accounts and correct roles in the Mark43 system. • Subscriber will need to ensure all attendees have logged in successfully to the appropriate Mark43 software. • For any additional support outside of what is defined within this SOW,the subscriber should follow the Change Control Process MARK43 outlined in the Change Control section to request additional support services. Mark43 Offense Code Configuration Remote This support session will inform attendees about Offense Code • Services will be delivered remotely Configuration in Mark43 RMS. • Maximum attendees of 5 • After completing this session,you will know how to: 0 Responsibilities SUBSCRIBER Responsibilities Mark43 Responsibilities • Internet connection and computers for attendees to use during • Mark43 will provide access to our knowledge portal. support service sessions. • Mark43 will conduct the total support session hours identified in • Subscriber will need to ensure that Chrome or Edge is installed on this SOW. all computers as this is the preferred browser. • Mark43 will partner with the subscriber to schedule dates and • Each attendee will need their own computer workstation. times of all support sessions. • Agency provides a participant roster to Mark43 no less than 2 weeks before remote sessions begin. • Before sessions occur,the agency must ensure all users have accounts and correct roles in the Mark43 system. • Subscriber will need to ensure all attendees have logged in successfully to the appropriate Mark43 software. • For any additional support outside of what is defined within this SOW,the subscriber should follow the Change Control Process outlined in the Change Control section to request additional support services. Mark43 PS Engineering Setup -52- MARK43 These support sessions will review technical requirements to set up • Services will be delivered remotely OR on-site Mark43 applications. • After completing this session,you will have successfully reviewed requirements for: • SSO configuration • DEX Interface • Mark43 Desktop Integration Services (DIS) • Mark43 Evidence Label Printers Responsibilities SUBSCRIBER Responsibilities Mark43 Responsibilities • Internet connection and computers for attendees to use during • Mark43 will provide access to our knowledge portal. support service sessions. • Mark43 will conduct the total support session hours identified in • Subscriber will need to ensure that Chrome or Edge is installed on this SOW. all computers as this is the preferred browser. • Mark43 will partner with the subscriber to schedule dates and • Each attendee will need their own computer workstation. times of all support sessions. • Agency provides a participant roster to Mark43 no less than 2 weeks before remote sessions begin. • Before sessions occur,the agency must ensure all users have accounts and correct roles in the Mark43 system. • Subscriber will need to ensure all attendees have logged in successfully to the appropriate Mark43 software. • For any additional support outside of what is defined within this SOW,the subscriber should follow the Change Control Process outlined in the Change Control section to request additional support services. Mark43 GIS/Mapping Support Remote This support session will inform attendees about GIS best practices for • Attendees should have a basic understanding of GIS data and Mark43 CAD/ RMS. principles • Services will be delivered remotely -53- MARK43 • After completing this session,you will know how to: • Maximum attendees of 5 o Prepare and manage GIS data for Mark43 CAD/ RMS Responsibilities SUBSCRIBER Responsibilities Mark43 Responsibilities • Agency is required to obtain GIS software (Example: ESRI ArcGIS • Mark43 will provide access to our knowledge portal. Desktop or ArcGIS Pro). • Mark43 will conduct the total support session hours identified in • Internet connection and computers for attendees to use during this SOW. support sessions. • Mark43 will partner with the subscriber to schedule dates and • Each attendee will need their own computer workstation. times of all support sessions. • Agency provides a participant roster to Mark43 no less than 2 weeks before remote sessions begin. • For any additional support outside of what is defined within this SOW,the subscriber should follow the Change Control Process outlined in the Change Control section to request additional support services. Mark43 Interfaces Support Remote These support sessions will review technical requirements to set up • Services will be delivered remotely Mark43 applications. • After completing this session,you will have successfully reviewed requirements for: o Level 0 Interfaces o Level 1 Interfaces o Level 2 Interfaces o Level 3 Custom Interfaces Responsibilities SUBSCRIBER Responsibilities Mark43 Responsibilities -54- MARK43 • Internet connection and computers for attendees to use during • Mark43 will provide access to our knowledge portal. support service sessions. • Mark43 will conduct the total support session hours identified in • Subscriber will need to ensure that Chrome or Edge is installed on this SOW. all computers as this is the preferred browser. • Mark43 will partner with the subscriber to schedule dates and • Each attendee will need their own computer workstation. times of all support sessions. • Agency provides a participant roster to Mark43 no less than 2 weeks before remote sessions begin. • Before sessions occur,the agency must ensure all users have accounts and correct roles in the Mark43 system. • Subscriber will need to ensure all attendees have logged in successfully to the appropriate Mark43 software. • For any additional support outside of what is defined within this SOW,the subscriber should follow the Change Control Process outlined in the Change Control section to request additional support services. Mark43 Additional Training Post Go-Live Remote This support session will train attendees about other report modules and • Services will be delivered remotely features not covered in a specific training session. • Maximum attendees of 5 Responsibilities SUBSCRIBER Responsibilities Mark43 Responsibilities • Internet connection and computers for attendees to use during • Mark43 will provide access to our knowledge portal. support service sessions. • Mark43 will conduct the total support session hours identified in • Subscriber will need to ensure that Chrome or Edge is installed on this SOW. all computers as this is the preferred browser. • Mark43 will partner with the subscriber to schedule dates and • Each attendee will need their own computer workstation. times of all support sessions. • Agency provides a participant roster to Mark43 no less than 2 weeks before remote sessions begin. -55- MARK43 • Before sessions occur,the agency must ensure all users have accounts and correct roles in the Mark43 system. • Subscriber will need to ensure all attendees have logged in successfully to the appropriate Mark43 software. • For any additional support outside of what is defined within this SOW,the subscriber should follow the Change Control Process outlined in the Change Control section to request additional support services. Mark43 Additional Training Post Go-Live On-Site This support session will train attendees about other report modules and • Services will be delivered on-site features not covered in a specific training session. • Maximum attendees of 5 Responsibilities SUBSCRIBER Responsibilities Mark43 Responsibilities • Provide a training space to train individuals,e.g. computer lab, • Mark43 will provide access to our knowledge portal. training room, and the like,for all scheduled training sessions. • Mark43 will conduct the total support session hours identified in • The training space will need to be equipped with a projector so this SOW. Mark43 personnel can use it to share their screen with the • Mark43 will partner with the subscriber to schedule dates and attendees. For all remote training sessions,the agency will need to times of all support sessions. supply speakers so the attendees can hear the session. • Internet connection and computers for attendees to use during support service sessions. • Subscriber will need to ensure that Chrome or Edge is installed on all computers as this is the preferred browser. • Each attendee will need their own computer workstation. • Agency provides a participant roster to Mark43 no less than 2 weeks before remote sessions begin. • Before sessions occur,the agency must ensure all users have accounts and correct roles in the Mark43 system. -56- MARK43 • Subscriber will need to ensure all attendees have logged in successfully to the appropriate Mark43 software. • For any additional support outside of what is defined within this SOW,the subscriber should follow the Change Control Process outlined in the Change Control section to request additional support services. -57- 92 MARK43 Appendix - Data Migration Outcome: - (Evidence Standalone - Standard) Overview A Data Migration for evidence (DCM-4) allows for Evidence Data to be migrated from one legacy Evidence system to be brought over to one Mark43 RMS tenant within the Evidence Module of Mark43 as Evidence Items and Chain of Custody information. This allows an Agency to bring over Active and Dispositioned Evidence into Mark43 as fielded data, and maintain chains of custody, notes and attachments associated with Evidence from the legacy system. Note: Migrated data in Mark43 is not intended for audit purposes nor report submission to state and/or federal agencies such as NIBRS. Migrated data in Mark43 is not intended to be a full replacement of the source of truth of legacy data stored in the legacy system. Data quality issues in the legacy system and differences between the legacy and Mark43 data models introduce risk in using migrated data to meet these requirements. Data Elements The following is a brief overview of the data elements that are available for a Data Migration (DCM-4). For a list of all possible data elements available for a Data Migration (DCM-4) please refer to the Description of Services - Data Migration (DCM-4). Users Locations (Item Recovery Names (Item Owners) Custodial Property Reports Evidence Items (Items Locations) (Case Numbers) taken into Police Custody) Chain of Custodies Disposition Events Staff Remarks Attachments (Provided by Agency) Deliveries Mark43 will deliver three test rounds of the data migration, a production data migration, and a catch-up data migration. These test rounds are used to test the logic of the data migration, as well as confirm that data is accurately migrating into Mark43. The validation is a joint effort between the Agency and Mark43. -58- 92 MARK43 Requirements Mark43 Data Migrations are active partnerships between the Agency and Mark43. This will require Technical Resources, Knowledge Experts, and Project Managers provided by the Agency. The Agency will also be in charge of providing full backups of the legacy system and all attachments that are slated for migration into Mark43. For a full list of the requirements please refer to the Description of Services - Data Migration (DCM-4). Outcome: -5 (CAD Lite) Overview A CAD Lite Migration allows for event information data from one legacy CAD system to be brought over to one Mark43 RMS tenant as searchable CAD tickets and linked Legacy CAD Reports in the Mark43 RMS. Legacy CAD Report information displays on their associated locations in the CAD UI for officer awareness. Migrated CAD tickets and linked Legacy CAD Reports are fully visible and searchable on select fields in the Mark43 RMS UI. Departments that do not intend to purchase the Mark43 RMS will receive a complimentary Mark43 RMS-lite to support their migrated CAD data. Note: Migrated data in Mark43 is not intended for audit purposes nor report submission to state and/or federal agencies such as NIBRS. Migrated data in Mark43 is not intended to be a full replacement of the source of truth of legacy data stored in the legacy system. Data quality issues in the legacy system and differences between the legacy and Mark43 data models introduce risk in using migrated data to meet these requirements. For this reason,the agency should retain their legacy system to meet legal and compliance needs and prioritize the migration of data that provides value to users of Mark43. Data Elements The following is a brief overview of the data elements that are available for a Data Migration (DCM-4). For a list of all possible data elements available for a Data Migration (DCM-4) please refer to the Description of Services - Data Migration (DCM-4). Users Locations Legacy CAD Reports CAD Ticket* (below) Event Number Event Type Assigned Agency Caller Details Times Comments Units & Members -59- 92 MARK43 Deliveries Mark43 will deliver three test rounds of the data migration, a production data migration, and a catch-up data migration. These test rounds are used to test the logic of the data migration, as well as confirm that data is accurately migrating into Mark43. The validation is a joint effort between the Agency and Mark43. Requirements Mark43 Data Migrations are active partnerships between the Agency and Mark43.This will require Technical Resources, Knowledge Experts, and Project Managers provided by the Agency. The Agency will also be in charge of providing full backups of the legacy system and all attachments that are slated for migration into Mark43. For a full list of the requirements please refer to the CAD Lite - Migration guide. Outcome: - (Reports) Overview A Data Migration (DCM-8) allows for Legacy Data of Reports to be migrated from one legacy RMS system to one Mark43 RMS tenant within the Reports Module of Mark43 as Reports. This migration will create Offense/Incident, Arrest and Supplement reports in Mark43 on the configured reports,which includes things such as Offense Codes, and Supplement Types. All other reports being implemented by the Mark43 implementation will be simple custom reports to house the information. Key Name data and standard person details are also in scope for migration, and will be linked to migrated reports so Agencies have historical names when Mark43 is launched for the Agency. This migration is meant to create key report/name information the department can use at launch to ease the transition from the legacy system. Note: Migrated data in Mark43 is not intended for audit purposes nor report submission to state and/or federal agencies such as NIBRS. Migrated data in Mark43 is not intended to be a full replacement of the source of truth of legacy data stored in the legacy system. Data quality issues in the legacy system and differences between the legacy and Mark43 data models introduce risk in using migrated data to meet these requirements. Data Elements The following is a brief overview of the data elements that are available for a Data Migration (DCM-8). For a list of all possible data elements available for a Data Migration (DCM-8) please refer to the Description of Services - Data Migration (DCM-8). System Configuration Locations (Report Location, Offense Names (Key Name Data,Standard person details). This (Users,Attributes) Location,Arrest Location, Name Home includes Person/Organizations. Address) -60- 92 MARK43 Reports (Offense/Incident, Other reports (Custom reports for other Offense Attachments (Provided by Agency) Arrest,Supplement) implemented reports) Codes/Incident Code,Arrest Charges Deliveries Mark43 will deliver three test rounds of the data migration, a production data migration, and a catch-up data migration. These test rounds are used to test the logic of the data migration, as well as confirm that data is accurately migrating into Mark43. The validation is a joint effort between the Agency and Mark43. Requirements Mark43 Data Migrations are active partnerships between the Agency and Mark43.This will require Technical Resources, Knowledge Experts, and Project Managers provided by the Agency. The Agency will also be in charge of providing full backups of the legacy system and all attachments that are slated for migration into Mark43. For a full list of the requirements please refer to the Description of Services - Data Migration (DCM-8). -61- City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No. 16. File ID: 22-734 Sponsor: Michael Pooley Agenda Date: 11/15/2022 Index: In Control: City Council Meeting Presentation, discussion, and consideration of Resolution No. 22-46, an intergovernmental agreement with the City of Apache Junction and the Arizona Department of Public Safety for security support services at the State Farm Stadium in Glendale,Arizona. City of Apache Junction,Arizona Page 1 Printed on 111812022 'Apache Junction z ''Olive Department Memorandum Date: November 1, 2022 To: Mayor Chip Wilson Fr©m Chief Michael Pooley Subject: Resolution 22-46 IAA between AZ DPS and {amity of Apache Junction's Police Department to provide Glendale Stadium Security Support Services The proposed Intergovernmental Agreement "I A" Is presented ; y the Arizona Department of Public Safety "[BPS" to the City of Apache Junction Police Department ("AJP[ ") regarding off--duty personnel:- Off-duty A Pc t certified AJP personnel will assist DIPS with security at the Mate Farm Stadium in Glendale, AZ on an as-needed basis. This opportunity presents benefits to AJP } sworn staff including irreplaceable interaction with other law enforcement personnel in the valley at unique and regional/national large-scale events, hands-on real-time crowd control training assisting in the coordination of sophisticated operational events and development of professional liaisons with ether agencies. Officers working these details shell be on off-duty hours and will not be allowed to schedule vacation or off time to attend said events. This activity will be monitored and pre-approved by command personnel. AJPD requests council adopt the resolution which authorizes execution of the [GA. RESOLUTION NO. 22-4 A RESOLUTION OF THE MAYOR AND CITY COUNCIL, OF THE CITY OF APACHE JUNCTION, ARIZONA, AUTHORIZING THE CITY OF APACHE JUNCTION TO ENTER- INTO AN INTERGOVERNMENTAL AGREEMENT WITH ARIZONA DEPARTMENT OF PUBLIC SAFETY FOR GLENDALE STADIUM LAW ENFORCEMENT SUPPORT SERVICES. WHEREAS, Arizona Department of Public Safety ("DPS") has jurisdictional authority over and public safety interests in the operation of the State Farm Stadium in Glendale, Arizona ("Stadium") ; and WHEREAS, DPS has the need for qualified personnel to provide law enforcement security support services for the Stadium, and WHEREAS, the City of Apache Junction ("City") through Apache Junction Police Department ("AJ"PD") desires to provide law enforcement security support services to IMPS with available AZPOST certified law enforcement officers; and WHEREAS, AJPD officers will provide services in an off-duty capacity and will be individually compensated by BPS and WHEREAS, pursuant to A.R. S. § 11- 52 ( ) , public entities may enter into intergovernmental agreements with other municipalities and governmental entities for joint o cooperative activities: and: WHEREAS, LIPS has crafted the legal arrangement in the fora of the attached intergovernmental agreement which sets forth the terms and conditions of the services requested-. NOWT 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 approve the form of the intergovernmental agreement for law enforcement support services to DPS, as set forth in Attachment A; and the city police chief is hereby authorized to sign the agreement on behalf of the City-. 2) The city police chief/car his designee is authorized and directed to take all and any other steps necessary to carry RESOLUTION NO. 2 -4 PACE 1 OF 2 out the purpose and intent of this resolution and to fulfill all the duties required under the agreement . PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS DAY OF 1 2022 . SIGNED AND ATTESTED TO THIS DAY OF 2022 . WALTER "CHIP" WILSON Mayor ATTEST: JENNIFER PENA City Clerk APPROVED AS TO FORM: R. Joel STERN City Attorney RESOLUTION NO. 22-46 PAGE 2 OF 2 ATTACHMENT A DPS Contract No:_ INTERGOVERNMENTAL AG EME T BETWEEN ARI O A DEPARTMENT OF PUBLIC SAFETY AND CITY OF APACHE JUNCTION This intergovernmental agreement(this `Agreement")is entered into pursuant to Arizona Revised Statutes("A.R.S.") § 11-952 by the Arizona Department of Public Safety and the City of Apache Junction("City") collectively known herein as the"parties" RECITALS A. The Stag Farm Stadium in Glendale(the"Stadium")is governed by A.R.S. § 5- 01 et al;and operates under the authority of the Arizona Sports and Tourism Authority,the owner of the Stadium;and B. The Arizona Sports and Tourism Authority delegated its authority for the operation and maintenance of the:Stadium to Stadium Management Croup("SMG"),both of whom has an interest in ensuring the safety and security of those attending events at the Stadium by ensuring proper traffic control and a visible lacy enforcement presence during certain scheduled events at the Stadium,and C. SMG has the geed for qualified personnel to provide law enforcement and other personnel services at the Stadium;and D. The DPS has entered into an agreement with SMG pursuant to A.R.S. 41-17 13(B)(3),to provide law enforcement services at the Stadium;and E. The City's Police Department("I'D")desires to assist DPS in providing law enforcement security services to SMG for the Stadium by making available CityPD officers in accordance with the terms set forth herein. F. The parties desire to enter into this Agreement to cooperatively provide the necessary lam enforcement and security services. AGREEMENT Therefore,in consideration of the foregoing recitals,the covenants; promises,terms and conditions set forth herein,and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties hereby agree as follows: . Purpose and Intent-'The purpose of this Agreement is to provide the means through which the parties intend to provide professional law enforcement and security services to SWIG by Page 1 of IMPS Contract No: maximizing cooperation, by integrating the City PD and IMPS assets,and by addressing issues including,command,control,personnel,planning and training. 2. Supervision and Staffing 2.1 City acknowledges that command and control for all events worked for SMG pursuant to this Agreement(individually"Event"and collectively"Events") shall be the duty and responsibility of DPS, 12 In carrying out this responsibility,IMPS will in good faith assign officers to work Events in accordance with the procedures adopted in consultation with the Chiefs of Police for all of the member agencies providing officers to Events. 2.3 City agrees and understands that entities other than the State of Arizona and the IMPS have input into the decisions regarding whether,and to what extent, law enforcement will provide service for Events;however,IMPS will provide information regarding staffing decisions to City as soon as it becomes available. 3. Assigned Personnel 3.1 City shall have the discretion to determine which and how many of its officers will be allowed to apply for assignments at Events and how many officers will be assigned to the Events(hereinafter referred to as"Assigned Officers"), a. All Assigned Officers will be required to enter into temporary employment contracts with the State of. rizona. b, The contract will outline the mutual responsibilities of the Assigned Officer and DPS and will specify that the Assigned Officers are"at will"temporary employees of DPS and that either party can terminate the contract,with or without cause at anytime and without notice, 12 While working an Event,the Assigned Officers most wear uniforms approved by IMPS and City and the Assigned Officers may carry other equipment authorized by City; 3.3 When working an Event, DPS will make available to Assigned Officers form-is and other supplies that are,necessary to work the Event, 3.4 Upon termination of this Agreement and conclusion of any assignments,all personal property,assets,equipment, and supplies used by the parties and Assigned Officers in performance of their responsibilities shall remain with or be returned to the owner of such property. 3.5 Any inconsistency between IMPS and City rules or regulations and all operational disputes will immediately be brought to the attention of the Director of[BPS and will be fully and- finally addressed and resolved by the BPS Director in accordance with his or tier Page 2 of 7 IMPS Contract No: determination of the best practices under the circumstances. The Director may delegate this responsibility to a specific coniniand officer. 4. Compensation,Insurance and Reporting 4J The patties agree that during Events the Assigned Officers shall be temporary employees of DPS for compensation purposes and not independent contractors;provided however, that each such Assigned Officer will at all times also be deemed an employee of City and nothing in this Agreement is intended to contradicter otherwise modify the provisions of A.R.S. §23-1022(D). 42 Each Assigned Officer who works an Event will be paid the specified hourly rate determined by IMPS based on current market conditions. a. Assigned Officers' compensation shall be subject to all applicable federal and state taxes,which shall be deducted prior to payment,and which shall be evidenced by a W-2 statement issued by IMPS to each Assigned Officer, b, Each officer's home agency(primary employer)shall provide the workers' compensation coverage for all Assigned Officers in such amounts and under the same terms and conditions as other sworn,full-time employees. C. Except for liability coverage, Assigned Officers are not entitled to any other employee benefits or compensation from DPS. 43 DPS shall make available to the City information about the hours worked by Assigned Officers not later than seven days following each Event to enable City to properly monitor and regulate the hours worked by all of their Assigned Officers. 4A Each party affirms that it has complied with the provisions of A.R.S. §23-1022 (E)with respect to activities addressed by the Agreement, 5. Indemnification 5.1 Each party(as "indemnitor")agrees to indemnity,defend,and hold harmless the other party(as"indemnitee")from and against any and all claims,losses,liability, costs,or expenses(including reasonable attruney's fees)(hereinafter collectively referred to as "claims'")arising out of bodily injury of any person(including death)or property damage, Dirt only to the extent that such claims which result in vicarious/derivative liability to the indemnitee,are caused by the act,omission,negligence,misconduct,or other fault of the indemnitor, its officers,agents,employees,or volunteers. 6. Agreement Page 3 of 7 DPS Contract No: 6.1 Any release of information to the media,other than a public records release,regarding an Event or any activities under this Agreement will be coordinated by DPS in cooperation with City but,except as provided below,no unilateral media releases will be distributed by City without the prior approval of DPS. 6.2 A copy of all public record and media releases regarding an Event or any activities under this Agreement shall be forwarded to DPS prior to release;provided however, if an incident is primarily focused upon or concerned with the actions of City's Assigned Officer,City will be responsible for the release of information to the media relative to the incident. 6.3 The parties will not reveal any investigative information or operational procedures except as required by law. 7. Arizona POST Certification 7.1 Relative to its Assigned Officers,City agrees that it will be responsible to the Arizona Peace Officers Standards and Training Board("POST")for complying with all requirements mandated by Arizona Administrative Code Regulation RI 3-4-101 el seq.; including but not limited to,City's responsibilities to POST for the hiring,fitness for duty,record-keeping,training,and testing requirements imposed upon law enforcement agencies employing police officers in Arizona, 7.2 DPS and City agree to cooperate to ensure any issues that arise relative to POST certification are resolved in a reasonable and efficient manner. 8. Execution,Duration and Renewal &I This agreement will be effective nurnediately upon the approval of both parties' governing bodies and shall remain in fall force and effect until June 30,2027. &2 This Agreement may be executed in counterparts, 83 This Agreement may be renewed for Successive additional one(1)year periods for up to (5)years upon mutual consent of the parties. 9; General Provisions Page 4 of 7 Pia Contract No: 9.1 Entire Agreement. This Agreement embodies the entire understanding of the parties and supersedes any other agreement of understanding between the parties relating to the subject matter of this Agreement. 92 Severahility. The provisions of this Agreement are severable to the extent that any provision of application held to be invalid by a court of competent jurisdiction shall not affect any other provision of application of the Agreement which may remain in effect without the invalid provision of application. 9:3 Governing Law.This Agreement shall be governed by and constmed in accordance with the laws of the State of Arizona. 9A Conflict of Interest. This Agreement may be canceled by any of the parties pursuant to the provisions of A.R.S. ss' 38-511 9,5 Termination. City may,at any time,terminate this Agreement by giving IMPS not less than sixty(nfl)days prior written notice. DPS may at any time terminate this Agreement by giving City not less than sixty(EEC)clays prior written notice. 9.6 Disttute Resolution. In the event of any dispute regarding the terms or the interpretation of this Agreement the parties' command staff will consult with each other in an effort to settle the dispute, in good faith. If the parties are unable to settle the dispute,either party may terminate this Agreement. In the event of a dispute under this IGA,the parties agree to use arbitration to the extent required under A.R.S. §§ 12-1 alb and I2-13 : .7 Waiver.The waiver of any breach of this Agreement shall not be deemed to amend this Agreement and shall not constitute a waiver of any other subsequent breach. 98 Headings. Headings of this Agreement are for the convenience only and shall not affect the interpretation of this Agreement. 9.9 Further Acts.Each party shall execute and deliver all such documents and perform all such acts as reasonably necessary,from time to time,to carry out the matters contemplated by this Agreement. 1 . -Verify I0.1 The parties acknowledge that immigration laws require thern to register and participate with the E-Verify program(employntent verification program administered by the United Page 5 of 7 DPS ContractNo: States Depart rent of Homeland Security and the Social Security Administration or any successor program)as they both employ one or more employees yees in this state. 10.2 The parties warrant that they have registered with and participate with -Verify, 103 If either party later determines that the other non-compliant party has not complied with E-Verify;it will notify the noncompliant party by certified mail of the determination and of the right to appeal the determination. The parties retain the legal right to inspect the papers of any employee who works pursuant to this Agreement or any related subcontract to ensure compliance with the warranty given above. Either patty may conduct a random verification of the employment records of the either party to ensure compliance with this warranty: 10A Failure to comply shall be deemed a material breach of the Agreement that is subject to penalties up to and including termination of the Agreement. it. Availability of Funds Every payment obligation of DIES sander this agreement is conditioned upon the availability of fonds appropriated or allocated for the payment of such obligation..If funds are not allocated and available for the continuance of the agreement,tyre agreement may be terminated by DPS at the end of the period for which funds are available, No liability shall accrue to DPS in the event this provision is exercised,and DPS shall not be obligated or liable for any future payments or for any damages as a result of termination under this paragraph. 12. Non-Discrimination The parties rust not discriminate against any employee or applicant for employment on the basis of race,color,religion.,sex,national origin,age,marital status,sexual orientation,gender identity or expression,genetic characteristics,familial status,U.S.Military Veteran status or any disability. lsignat saes appear on tine following paged Page 6 of DPS Contract No: ARIZ NA DEPARTMENT OF PUBLIC SAFETY CITY OF APACHE JUNCTION Colonel Heston Silbeit, Director Michael Pooley;Chief of Police CERTIFICATION BY LEGAL COUNSEL The foregoing Intergovernmental Agreement between IMPS and City of Apache Junction and is in proper form and is within the powers and authority of the ITS granted under the laws ofthe Slate of Arizona. APPROVED AS TO FORM AND AUTHORITY State of Arizona R.Joel Stern Apache Junction City Attorney Page 7 of City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No. 17. File ID: 22-735 Sponsor: Michael Pooley Agenda Date: 11/15/2022 Index: In Control: City Council Meeting Presentation, discussion, and consideration of Resolution No. 22-47, an intergovernmental agreement with the City of Apache Junction and the Maricopa County Sheriffs Office for Detention Officer Basic Training Academy use on an as-needed basis. City of Apache Junction,Arizona Page 1 Printed on 111812022 JunctionApache Memorandum Date: November 1, 202 To Mayor Chip Wilson From: Chief Michael Pooley Subject: Resolution 22-47, Maricopa County Sheriff's Office Detention Officer Basic Training Academy I AA Agreement The proposed Intergovernmental Agreement "IGA" is presented by Maricopa County Sheriff's Office ("MC SO") to the City of Apache Junction authorizing the Apache Junction Police Department "AJPD" to send detention officer recruits to the laricopa County detention Officer Basic Training Academy on an as-needed basis. AJPd does not have its own detention officer training academy. MCSO has capers seats for the training but requires the City of Apache Junction to enter into the IGA for academy participation. AJPd requests council adopt the resolution which authorizes execution of the I aA. RESOLUTION NO., -47 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AUTHORIZING THE CITY OF APACHE JUNCTION TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT WITH MARICOPA COUNTY FOR PARTICIPATION IN IT' S DETENTION OFFICER BASIC TRAINING ACADEMY. WHEREAS, the Maricopa County Sheriff' s Office operates a detention officers training academy; and WHEREAS, MCS0 typically has space for additional: participants from other law enforcement agencies; and WHEREAS, the Apache Junction Police Department ("AJPD") does not have its own training academy, and WHEREAS, pursuant to A.R.S. § 11- 52 (A) , public entities may enter into intergovernmental agreements with other governmental entities for joint or cooperative activities, and WHEREAS, AJPD and MCSO have crafted the legal arrangement it the fort of the attached intergovernmental agreement which sets forth the terms and conditions of the services and obligations NOW" THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CIT`.` OF APACHE JUNCTION ARIZONA, AS FOLLOWS: 1 ) The mayor and city council approve the form of the intergovernmental agreement, as set forth in Attachment A and the city police chief is hereby authorized to sign the agreement on behalf of the City. 2) The police chief and/or his designee is authorized and directed to take any and all other steps necessary to carry out the purpose and intent of this resolution and to fulfill all the duties required under the agreement . PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS DAY OF , 2022 . SIGNED AND ATTESTED TO THIS DAY OF , 2022 . RESOLUTION NO. 22-47 PAGE 1 OF 2 WALTER 5\//P` ¥\£SON ~ Mayor ATTEST: JENNIFER PENA } City Clerk APPROVED AS TO FORME \CHAR§ J. STERN ^^ } i\\ Attorney RESOLUTION NO. \\®%) } AGE 2 OF } ATTACHMENT A INTERGOVERNMENTAL AGREEMENT BETWEEN MART OPA COUNTY ON BEHALF OF THE MARICOPA COUNTY SHERIFF'S OFFICE AND CITY OF APACHE;JUNCTION FOR MCSO DETENTION OFFICER TRAINING ACADEMY C-5 - -_ - -t?t) Pursuant to the powers granted by A.R.C. § 1 J-g52, this Intergovernmental Agreement (IGA) is entered into by and between Maricopa County a political subdivision of the State of Arizona on behalf of the Maricopa County Sheriffs Office, ("MCSO"),and City of Apache Junction,an Arizona Municipality,for Apache Junction Police Department "Apache Junction PIS"),"Parties." This IGA is effective when signed by the Parties. Whereas MCSO conducts Detention Officer Training Academies on an as-needed basis and regularly has sufficient space for additional participants, and whereas the Apache Junction P1 detention recruits are required to be formally trained in an acceptable training program and the Apache Junction PD does not have its own detention or corrections training academy,the Parties enter into this IGA. Party Responsibilities The MCSO will: 1. Provide training space as available after MCSO's training space needs have been met for Apache Junction Ply detention recruit officers to attend scheduled Detention Officer Training Academies, 2. Deserve the right in its sole discretion to decide whether the Apache Junction P recruits maintain the academic standings necessary to continue in the Academy class_ 3. Detain the right, in its sole discretion,to dismiss any recruit for training,academic ethical or disciplinary standards applicable to all Detention academy participants. 4: Provide Apache Junction PD original individual training records for each of its recruits upon completion of the MCSO Academy or termination of a recruit's attendance at the MCSO Academy. 5.; Treat Apache Junction PIS recruits in the same manner as MCSO recruits for purposes of training, academics, ethics and discipline.. F. Require Apache,function PD to investigate its recruits should a situation arise for an Internal Affairs Investigation concerning the actions of one of its recruits. 7. Bill Apache Junction Ply a non-refundable registration in the amount of 2 0 per registrant after the first clay of training. 8. Review its costs and charges as needed and process amendments to this Agreement for future increases not later than April of each fiscal year, to be effective with the new fiscal year. MCSO Detention Academy Agreement MCSO Business Services City of Apache Junction: 1: Accepts there that there is no guarantee that any minimum number of candidates from the City of Apache Junction will be accepted to attend the academy"because enrollment is based CSO's determination of appropriate space/resource availability and because MCSO candidates have enrollment priority. 2: Understands and agrees that the curriculum will consist of the standard MCSO training program for MCSO and that the curriculum shall focus on the policies and procedures of the MCSO, Will provide applicable uniform items, supplies and devices for Apache Junction PIJ recruits depending on the requirements for the detention basic training: 4: Will ensure its employee participants have received infectious disease testing and required immunizations and have undergone health related pre-requisites applicable to MCSO academy attendees prior to the first day of training. Proof of the preceding will be necessary for the participant's records prior to the academy start; Understands that CDC guidelines concerning COVID 19 will be applicable for all participants. 5. Will pay amounts cited in 7., above per registrant within 30 days of receipt of invoice and make amounts payable to Marko a County; and reference "MCSO Detention Training Academy"in the transaction detail and will send payment to this address or as instructed on the invoice: Maricopa County Sheriff's Office Financial Services Division }W.Jackson Street 4th Floor Phoenix,AZ 85003 General Provisions 1: This I A shall have an initial term beginning October 1,2022,through September 30, 2024, and is effective when signed by the Parties: Following the initial term, this IGA will automatically renew for up to two,one-year terms unless canceled or terminated. Z Each Party as "indemnitor")agrees to indemnify, defend, and hold Harmless this: other Party(as"indemnitee")from and against any and all claims, losses, liability, costs, or expenses (including reasonable attorney"s fees) (hereinafter collectively referred to as "claims") arising out of the negligent performance of this ICA, but only to the extent that such claims which result in vicarious/derivative liability to the indemnitee are caused by the act,omission, negligence, misconduct,or other fault of the indemnitor, its officers,officials, agents, employees,or volunteers. 3. This Agreement is not intended to constitute; create; give rise to; or otherwise recognize a joint venture agreement, partnership or other formal business association or organization of any kind, and the right and obligations of the Parties shall be only those expressly set forth in this Agreement; 2 MCSO Detention Academy Agreement MCSO Business Services 4. Parties acknowledge that under this IGA no employee or participant of the Apache Junction Ply is to be considered a County employee, and that no rights of County merit,County retirement,or County personnel miles shall accrue to such individual; Apache Junction PD shall have trial responsibility for all salaries,wages, bonuses; retirement, withholdings, workman's- compensation, occupational disease compensation, unemployment compensation, other employee benefits, and all taxes and premiums appurtenant thereto concerning such individuals and shall save and hold MCSO harmless with respect thereto: 5. Each Party to this Agreement warrants compliance with the Immigration and Nationality Act (INA using E-verify) and all tither federal immigration laws and regulations related to the immigration status of its employees and A.R.S. 23- 214(A). Each Party shall obtain statements from its subcontractors certifying compliance and shall furnish the statements to the'other Warty upon request. These warranties shall remain in effect through the term of this Agreement.Each Party and its subcontractors shall also maintain Employment Eligibility Verification forms (!mg) as required by the Immigration Reform and Control Act of 1936, as amended from time to time, for all employees performing work under this Agreement and verify employee compliance using the E-verify system and shall keep a record of the verification for the duration of the employee's employment or at least three years, whichever is longer. 1-9 farms are available for download at USCIS.GOV. Each Party retains the legal right to inspect contractor and subcontractor employee documents performing work under this Agreement to verify compliance with this Agreement.Each Party and Its subcontractors shall be given reasonable notice of the other Party's intent to inspect and shall make the documents available at the time and date specified. Should either Party find that the other Party or any of its subcontractors are not in compliance; such non- compliance may be considered a material breach of this Agreement and may pursue all remedies allowed by law. Nothing set out herein shell make any subcontractor an agent or employee of either Party. 6. Each party shall comply with all applicable laws,ordinances,executive orders, rules„ regulations,standards,and codes of the federal,state,and local government whether specifically referenced herein.The Parties agree that there will be no discrimination as to race,sex,religion, color, age, creed, or national origin regarding obligations,work, and services performed under the terms of any contract ensuing from this engagement. The Parties will comply with the Executive Order No. 11246,entitled"Equal Employment Opportunity",and as amended by Executive Order No. 11375, as supplemented by the Department of Labor Regulations(41 CFI , Part 60 .. 7. In accordance with A.R.S. §35-214, all books,accounts, reports,files, electronic data, and other records relating to this Agreement shall be retained and subject at all reasonable times to inspection and audit by the State of Arizona for five(5) years after completion of this Agreement. Upon request„ Party shall produce original of all such records. Any litigation arising from the agreement or the performance thereof will be decided in the federal or state courts of Maricopa County unless otherwise agreed to between the Parties. The laws of the State of Arizona shall govern the construction and interpretation of this IAA. This Agreement is subject to the provisions of A.R.S. § 12-1513 relating to the use of arbitration. g This IGA may be amended only by the mutual Britten consent of authorized representatives for all Parties and requires Maricopa County Board and City of Apache Junction approval. 3 MCSO Detention Academy Agreement MCSO Business Services 10, This IAA may be terminated at any time by either Party by mailing or e-mailing the other Party notice of termination within(2)months in advance of the requested elate of termination, if a Party decides to terminate this ItA,the Parties Shull consult prior to the date of termination to ensure termination on the most economical and equitable terms. The Parties agree that any such termination shall not become effective with respect to the current recruits then enrolled in a training rotation until the recruits'training is completed if MCSr continues to have sufficient staffing and other resources to continue the training until that date. 11. If this IGA is terminated prior to expiration of its stated term,any funds advanced shall be refunded within ten(10)days after the effective date of such early termination, however,there shall be no obligation to refund any monies representing tuition for participants who have attended the first day of training: 1 . Termination or suspension of this ICA by either party shall not terminate orr otherwise affect the obligations of the parties to provide indemnification and to maintain and permit inspection of records as provided;herein. 13.. Notice is given that pursuant to A.R.S. §38-511 the Parties may cancel any contract without penalty or further obligation within three years after execution of the contract, if any person significantly involved in initiating, negotiating, securing, drafting or creating the contract on behalf of the Parties is at any time while the contract or any extension of the contract is in effect, an employee or agent of any other party to the contract in any capacity or consultant to any other Party of the contract with respect to the subject matter of the contract,Additionally, pursuant to A.R.S§33-511 the Parties may recoup any fee or commission paid or due to any person significantly involved in initiating, negotiating, securing, drafting, or creating the contract on behalf of the Parties from either Party to the contract arising as the result of the Contract. 14. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original but all of which together shall constitute the same instrument. Faxed, copied, electronic and scanned signatures are acceptable as original signatures. 15. This document is the complete and exclusive statement of understanding between the Parties, and it supersedes all proposals, oral or written,and other documents or communications between the Parties relative to the subject matter herein covered, unless such documents or communications are specifically included by reference. 16, Any provision of this ICA which is determined to be invalid„ void or illegal shall in no way affect, impair or invalidate any other provision hereof, and remaining provisions shall remain in full force and effect. 17, Waiver of any breach of any term, conditions or covenant herein contained shall not be deemed to be a waiver of any subsequent breach of any term,covenant or condition herein. 4 MCSO Detention Academy Agreement MC"SO Business Services Notices: Any legal notice to be givers under this IGA shall be sent to the Parties listed below, If to IVICSO: If to City of Apache Junction Department: Chief,Administration Thomas E. Parker, Lieutenant Maricopa County Sheriff's Office City of Apache Junction 550 W Jackson 300 E. Superstition Blvd. Phoenix,Arizona 85003 Apache Junction, AZ 3511 IN WITNESS WHEREOF, the Parties hereto have entered into this IGA as of the date of the last signature set forth below. City of Apache Junction,an Arizona Maricopa County, a political subdivision Municipality of the State of Arizona Walter"Chip"Wilson Bill Gates Date Date Chairman„; Board of Supervisors Mayor ATTEST: ATTEST: Jennifer Pena Date Juanita Garza bate City Clerk Clem of the Board City of Apache Junction Police Maricopa{county Sheriffs Office Department Michael Pooley Date Paul Penzone Date Chief of Police Sheriff Approved as to form: Approved as to form: Richard J. Stern, City Attorney Deputy County Attorney Date Date MCSO Detention Academy Agreement MCSO Business Services City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No. 18. File ID: 22-713 Sponsor: Pamela Harrison Agenda Date: 11/15/2022 Index: In Control: City Council Meeting Presentation, discussion, and consideration on Resolution No. 22-45, authorizing the city to enter into an intergovernmental agreement with Apache Junction Unified School District#43 to create a virtual library card for students using their school identification number. City of Apache Junction,Arizona Page 1 Printed on 111812022 F? *- de - :�/ za� r�r �� 117 I o Rand -Apache Junction, Arizona 11 °wwsojpl.or Phone (4 ) 474- 5 •Fox (4 0) -4540°TDD 711 November 2,2022 MEMORANDUM TO; Honorable Mayor and City Council Members THROUGH: Bryant Powell,City Manager FROM: Pam Harrison, Library Director SUBJECT: Work Session item for November 14,2022,discussion on proposed Resolution No. 22-45 approving an Intergovernmental Agreement with Apache Junction Unified School District#43 (AJUSD)for a student ID card system. REQUEST Presentation and discussion on proposed Resolution No.22-45,an Intergovernmental Agreement with Apache Junction Unified School District#43 (AJUSD)for a student ID card system. DISCUSSION The"Apache Junction Student Card"will be a virtual library card issued to all registered students of AJUSD. Each student's school identification number will double as the Student Card library account number,which will allow access to public library resources and services.The Student Card will have limited borrowing privileges of three(3) books at a time as well as provide access to the library's digital collections including Overdrive/Libby,Cloud Library, Hoopla,iVox,and research databases.The Apache Junction Public Library does not charge overdue fines on physical materials, however,fees for lost or damaged materials will apply. Apache Junction Unified School District#43 will provide and implement a process for parents of its students to opt out of the Apache Junction Student Card.Students may possess a regular Apache Junction Library card in addition to the Apache Junction Student Card. RECOMMENDATION Staff respectfully recommends city council approval of the proposed intergovernmental agreement and Resolution No.22-45. ACTIONI E Consideration for approval of intergovernmental agreement and resolution. Attachment 1:Resolution No.22-45 Attachment 2:Intergovernmental Agreement RESOLUTION NO. 22-45 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AUTHORIZING THE CITY OF APACHE JUNCTION TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT WITH APACHE JUNCTION UNIFIED SCHOOL DISTRICT #43 ("AJUSD") FOR A STUDENT ID CARD SYSTEM. WHEREAS, AJUSD desires to develop a patron system that will allow all AJUSD students to easily access and use Apache Junction Public Library' s electronic and print resources freely through the use of a student ID/Library Card known as the "Apache Junction Student Card"; and WHEREAS, pursuant to A.R. S . § 11-952 (A) , public entities may enter into intergovernmental agreements with other municipalities and governmental entities (the "Parties") for joint or cooperative activities; and WHEREAS, the Parties have crafted the attached written agreement in the form of an intergovernmental agreement which formalizes the arrangement. 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 approve the form of the intergovernmental agreement with AJUSD set forth in Attachment A; and the mayor is hereby authorized to sign the agreement on behalf of the city. 2) 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 and to fulfill all the duties required under the agreement. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS DAY OF , 20 SIGNED AND ATTESTED TO THIS DAY OF , 20 WALTER "CHIP" WILSON Mayor RESOLUTION NO. 22-45 PAGE 1 OF 2 ATTEST: JENNIFER PENA City Clerk APPROVED AS TO FORM: 4-4e- k RICHARD J. STERN City Attorney RESOLUTION NO. 22-45 PAGE 2 OF 2 ATTACHMENT A When recorded return to Richard Joel Stern, Esq. Apache Junction ity Attorney 300 t Superstition Blvd. Apache Junction, AZ 85119 INTERGOVERNMENTAL T BETWEEN_ THE JUNCTION ° JUNCTION UNIFIED L DISTRICT THVS f T LAGREEMENT t r _ i e as of y and between CITY OF APACHE JUNCTION, lArizona ni i of corporation ("City" JUNCTION UNIFIED L DISTRICTpublic school district " " it and AJUSD rsometimes` ref to,herein collectively the "Parties," r individually as a" $ REqITALS q AJUSD desires to developn infrastructure that will allow students to easily access and use Apache JunctionPublic i r ry' l tro is and print resources freely through use of joint Student ID/Library r known s e "Apache Card" to support AJUSD students through i` of with a library r that will always travel with them are provide snafus of literacy and lifelong learnin g. B. City has the desiren the ability to assist AJUSD. C. Mutual cooperation wouldresult ire obtaining i; nce from it , _which translates into public savingsand communityenhancement. D. District is authorizedto contract with cities and towns pursuant t_ 1 etseq., 1 - 1 , and 1 m The Partieshave t o interests in this r j t and wishto enter into this Agreement with certain terms andconditions ®t el A_GREEMENT THEREFORE, in consideration of the foregoing Re t is and the mutual promises and covenantsset forth herein, and for other consideration, the receipt and adequacy of which is herebyacknowledged, e Parties agree as follows: JUSD-City of ApacheJunction Library Access ICA 202 -Page I of I. ACCURACY OF THE RECITALS- The ies hereby confirm accuracy of the Recitalsset forth above, i h are incorporated r ire by this reference . AJUSDS OBLIGATIONS: AJUSD reel to do all of the following: A. AJUSD ill support implementation of the Apache Junction Student Card initiative by providingt Apache'Junction Public Li student ID Number, first and last name, birthdate, address, phone number, email address, and parenttguardian of each student enrolled in 2022 in accordance it all applicable federal and statelaws, including, but t limited toA.R.S. 15-141-15-142 andthe FamilyEducation Rightsrig y Act " ") 20 U.S.C. §§ 1232g, 1232h and 12321. The information of any studentscapparent/legal r i n o out f this rpursuant to 4C.F.R. e3and _ragraph C below will of be provided. B. AJUSD shall transfer the data to City on or before 1127/2023. In the event this IGA is executedr that date, AJUSD shallperform e initial data transfer as soon as reasonably pr ti le. Thereafter, throughout the remainder f the term, at t ill be provided to the City in August and Februaryf each year this `agreement is in effect. The Partiesy mutually agree to utilizei t nt schedule if it i determined ro ri to any time throughout the term, Such an agreement ill not require rift modification unless i l requested by one f the Partles,but shall be memorializedbetween the Partiesstaff. C. District ill develop; and implement nnual parent opt-out processfor those who do not wish their child to participate. s 91-1—Y'S OBLIGATIONS- City agrees to do allt ofollowing: A. City ill allow AJUSDstudents who have not opted-out to use their school-issued Studentr to access library dato rint and electronic resources B. Pursuant to the requirements of FERPA andether applicable laws, City will maintain all student records in a secure computer environment and not copy or reproduce such records except necessary to fulfill the requirements this 2 C. City will use the AJUSD1sstudent identification u r as the Student Card account number and the student's ont and day of birth the default PIN number. D. The Student Card will have limited err iprivileges f three ) physical books at o time. DVDs, video games, launchpads and other formats cannot be checkedout on the Student Card. E. AJUSD students erg y use the Student Card in addition to a regular library card. No additional sisal card,will be issued for the Student Cards. F. _Overdue fines will not be charged on any physical materials checked out with the Student Card, however, fees for damaged or last books ill still apply. G. City will work jointly with AJUSD to develop writtenonline information that explains the tion Student Card to parents and legal guardians. H. City ilI work jointly wit J to provide information training to AJUSD teachers anadministrators_regarding the Apache Junction Student Card program. 4. I I I T� e extent permitted law, eachrty t rs ® folly rtify, defend and hold harmless t t r y, its i ! i tri t , �l td appointedofficers, employees, y all its, actions, legal or admini tr ti r as , i i , r of any kind or nature relating to thisAgreement, including attorney n ,expert witness fees, which, are the result of any act or omission of the indemnifying Party, its officers, employees, contractees, agents, and anyone acting under its direction or patrol, whether reckless, intentional or negligent, connection it r incident to this r ent. if any action or claim is brought or asserted against either Party or its directors, officers, agents,,,servants or employees for which indemnity y be sought from either Party, the Partiesshall promptly notify another in writing. The indemnifying Pa y shall, within ten working clays of receiving such oti , assume the defensethereof, na the paymentf all expenses, including agay attorney fees and all court costsispaid as incurred. It is understoodand r that both Partiesy elect to self-insureor obtain insurance through their pooling agreement with other governmental entities i t any or all of the risks related to this Agreement. This section shall survive the expiration or early termination f this Agreement. 3 that: . CfTY REPRESENTATIa it re r seats are warrants to AJUSD A. City's execution rsd approval of this r t have made in compliance ith the procedural requirements the Apache Junction it Code. City ill execute and acknowledgen _appropriate l documents and instruments and taka all actions necessary implement and evidence this Agreement. f the datethis r nt, City knowsof no litigation, proceeding, initiative, referendum, or investigation onte ti o r f City or its officials, with respect to this Agreement, that has not been disclosed in writingto AJUSD. D. The execution, delivery and performanceof this Agreement y City is not prohibited by, and doest conflict with, anyother agreements, instruments or judgments r decrees to whichit is a or i otherwise subjE. The ect. party City has been assisted by counsel of its own choosingin connection with the preparation and execution of this r e ent. 6. AJUSD REPRESENTATI4AJUSD represents and warrantsto City that: A. AJUSO has the full right, power and authorizationto enter into r this r rat and of the obligations n undertakings f AJUSD under this r t, and the execution, delivery performance f this rep n y AJUSD has been duly authorizedn agreedto in compliance withthe organizational documents of AJUSD, B. All consents r v l necessary to the execution, delivery performance of this e t have been obtained, and no further ti to be taken in connection with such execution, delivery and performance. C. AJUSD will execute are , acknowledge hers appropriate all documentsinstruments and take all actions necessary to implement, evidence and enforcei r rota D. AJIUSD has been assistedy counsel of its own choosing i connection i the preparation and executionthis r e ent. 4 7. DURATION OF AGREEMENT/TERI T'I _ This re ent shall be valid for a Term of one oo year and shall automatically be renewed h school year thereafter. However, either Party may terminate this r t for y reason upon thirty ) calendar days' written noticeto the other Party by first class certifiedmail, postage prepaid, addressed to the other Party as set forth in thisAgreement. • IOE$a Except as otherwise required law,� y notice required car r itte r this r rat it inwriting shall be given by personal delivery, or by deposit in the United Statesit, certified or registered, return receipt requested, o f r i , addressed to the Parties at their respective rases set forth below, r at such otherre y designatein writingpursuant to the terms f this tin r by telecopy or telefacsimile machine, or by any nationally recognized r r overnight delivery service (e.g. Federal Express or ), delivery charges prepaid: If to City: City of ApacheJunction Attn: Library Director 1177 " Idaho Apache Junction, ri o_ 85119-2899 Telephone: ( 7 - 1 Facsimile: ( ) 983-4540 If to AJUSD: " Facsimile: With a copy to: Telephone: Facsimile: (_) Q ILITYCity and AJUSDbelieve that the execution, delivery and performance of this r ent are in compliance with all applicable laws. However, in the unlikely t that y provision of this Agreement is declaredof or unenforceable ( r is construed as requiring ity to do y act in violation of any applicable laws, including any constitutional provision, law, regulation,or city code), such provision shall be deemed severed from this r e " rat and this rep rat shall otherwise remain in Ball force and provided that this rep nshall retroactively a deemed reformed t the extent reasonably possiblei manner so that the reformed agr ent any related agreements effective as of the same date) provide essentially the same rights benefits (economic and otherwise) to the Parties as if such severance reformation were not required. nless prohibited by applicable laws, the Parties further shall perform all acts and execute, acknowledge and/or deliver all amendments, instruments consents necessary to accomplishn to give effect to the purposes of this Agreement, as reformed._ 10. GOVERNINGY The terms and conditions of this Agreement shall be governedy and interpreted in accordance with the laws of the State of Arizona. n eti at law or in equity brought by either Party for the purpose of enforcingright or rights provided f or in this Agreement shall be tried in a courtof competent ris ietin in Pinaf County, Arizona. The Parties hereby waiveall .provisions of law providingf or a change of venue in such proceedingto any other county. In the evert either Party shall bring suit to enforce any term of this Agreement or to recover any damages for and on account of the breachany term or condition in this Agreement,` it is mutually agreed that the prevailingy in such action shall recover all costs including reasonable attorneys' fees to be determinedy the courtin such n. 11, l T & DELEGA.TILDN: The obligations and rights created in this Agreement are binding upon and shall inure to the benefit of the parties and their successors, assigns andlegal representatives. Neither Party may assign, sublet or delegate the duties hereunder, without the prior written approval of the other Party. Such successor or assignee shall assume, in writing, all duties andobligations hereunder of the prior party and shall further agree to be boundY and to fully performe terms of this Agreement. 12. ENTIRET: This rep t and any attachments represent the entire agreement bet e n the Parties and supersede all prior negotiations, representations or agreements, either express or implied, ri en or oral. It is mutually understood and agreedthat no alteration or variation of the terms and conditions of this Agreement shall be valid unless made in writing and signed the Parties hereto¢ Written and signed en are l automatically be e part of the Supporting Documents, and shall supersede any inconsistent provision therein; provided, however, that any apparent inconsistency shall be resolved, if possible, by_construing the <provisions s mutually complementary and supplementary. 13. I s This Agreement is subject t , and may be terminated y City in accordance with, the provisions of A.R.S. §38-511. 14. MANNER OF FINANCING: With the exception of fees collected for damaged or lest books pursuant to Paragraph&F above, no funds or monies are expected to be exchanged in the performance of this Agreement, 15. FAMILY EDUCATION T T COBoth l Parties will ensure that the dissemination and disposition of educational records complies at all times withthe Family Educational Rights and Privacy Act of 1974 and anycent amendments thereto. IN WITNESS WHEREOF, the Parties have executed this r rat as of the date first set forth above. APACHE JUNCTION UNIFIED DISTRICT Arizona public school district m Feather Wal ace Superintendent CITY OF APACHE JUNCTION, I Arizona uni i l corporation Walter"Chip" Wilson- s Mayor ATTEST: Jennifer Pena City Clerk COUNTY STATE OF ARIZONA "r ®ire a say ri e sworn to before this of y Heather Wallace, Superintendent- p an Arizonapublic cal district. a li y Commission Expires: t u4WWI Notary Public-Arizona € c Maricopa County .,� Commission#556612 My Comm.Expires Dec 20,2022 STATE OF ARIZONA )ss- COUNTY OF _ l , h The foregoing ribed and swornfor y of Walter " i " ikon, the Mayor of City of Apache junc—to riz rya, an—Arizona ni i t corporation, who acknowledgedthat he signedforegoing instrument can behalf of City. Notary bli y Commission Expires: COUNSEL APPROVAL AS TO FORM, I have read_ this Agreement and have determined suchAgreement is in proper form and is entered intowithin the powersof and authoritygranted r the laws f theStatg-of-Axjzona. mow. Date e read this Agreement and have determinedsuch Agreement is in proper form and is entered into within the powers of and authority granted under the laws of the State of Arizona. Richard J. tern, City Attorney Date s City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No. 19. File ID: 22-726 Sponsor: Shane Kiesow Agenda Date: 11/15/2022 Index: In Control: City Council Meeting Presentation and discussion on an award of contract to Viasun Corporation for asphalt crushing and screening. The work will be done through the Pinal County Cooperative Job Order Contract No.175623 for a total amount not to exceed $156,046.02. This service contract is part of the Fiscal Year 22/23 Capital Improvement&Street Maintenance Plan. City of Apache Junction,Arizona Page 1 Printed on 111812022 Public Works Department Home of'the Superstition Mountains .ter. Date: November 2, 2022 To: Mayor and Members of the City Council Through: Bryant Powell, City Manager Mike Wever, Public Works Director From: Shane Kiesow, Public Works Manager Subject: Project#: HFS22-34 Award City staff respectfully requests city council consideration of award of contract to Viasun Corporation for project HFS22-34 for the service of crushing asphalt concrete and screening. This work is included in the FY 2023 Street Maintenance Plan to produce aggregate used in chip seal preservation maintenance projects specified within the Plan. The work would take place in the Public Works yard during the winter months of December through February. Work by contractor would be a cost to the city up to a not to exceed amount of $156,046.02. The asphalt to be crushed and screened is recovered asphalt from street maintenance or reconstruction within the city from the last couple years. Public Works customarily recycles and crushes its reclaimed asphalt every few years to be reused for new street maintenance or construction work. 575 E. Baseline Avenue, Apache Junction, AZ 85219 Voice(480) 982-1055 • FAX (480) 983-5752 or(480) 982-8005 CITY OF APACHE JUNCTION STREET MAINTENANCE AGREEMENT PROJECT NO.: HFS22-34 "Recycled Asphalt Pavement Screening Services" THIS AGREEMENT made and entered into by and between the CITY OF APACHE JUNCTION ("City"), an Arizona municipal corporation, and VIASUN CORPORATION, an Arizona corporation, ("Contractor"), sometimes collectively referred to as the "Parties", or individually as a "Party". RECITALS A. Contractor asserts its willingness, ability and qualifications to provide the completed products, goods and services (the "Work") called for in Pinal County cooperative job order contract no. 175623, Contractor's estimate (attached hereto as Exhibit A) dated September 23, 2022 (the "Contract Documents"). B. City and Contractor desire to set forth herein their respective responsibilities and the manner and terms upon which Contractor shall complete the Work. C. City has complied with the public bidding requirements under Arizona Revised Statutes ("A.R.S.") Title 34, and Apache Junction City Code, Vol. I, Chapter 3, Administration, Article 3-7, Procurement Procedures, or such Work is categorically exempt from such process. AGREEMENT NOW, THEREFORE, City retains Contractor to perform, and Contractor agrees to render the Work in accordance with the terms and conditions set forth as follows: 1. PROJECT DESCRIPTION: Contractor shall do and perform or cause to be done and performed in a good workmanlike manner, the Work in accordance with and as more fully described in the Contract Documents. 2. PAYMENTS & COMPLETION: The total amount payable by the City to the Contractor is an amount not to exceed One Hundred Fifty-Six Thousand Forty-Six Dollars and Two Cents ($156,046.02) (the "Contract Sum") for the performance of the Work under the Contract Documents. All contracts will be operable for their full term at the rates quoted in the initial bid proposal, unless otherwise extended in writing by the City. Once City finds the Work acceptable under the Contract Documents, City shall promptly submit for processing a certificate for payment stating that, to the best of its knowledge, information and belief on the basis of its observation and inspection, the Work has been completed in accordance with the terms and conditions of the Contract Documents and that partial payment or the balance due the Contractor is payable. 3. CONTRACT TERM: Upon Notice to Proceed given by the City, Contractor shall begin Work no sooner than November 21, 2022 and shall complete it no later than February 28, 2023. This provision does not limit the liability of Contractor for actual damages sustained by City as a result of any breach of contract or warranty by Contractor. Extensions may be approved at times as the Parties mutually deem fit. 4. LABOR AND MATERIALS: Unless otherwise provided in the Contract Documents, Contractor shall provide, pay for and insure under the requisite laws and regulations all labor, materials, equipment, tools and machinery, water, heat, utilities, transportation, other facilities and services necessary for the proper execution and completion of the Work, whether temporary or permanent, and whether or not incorporated or to be incorporated in the Work. 5. INSPECTIONS AND QUALITY OF WORK: Contractor understands and agrees that inspection of the Work performed hereunder will occur by City. Contractor agrees that City will have the exclusive right to determine, in its sole discretion, whether the Work has been performed in accordance with the Contract Documents. Contractor further agrees to make such corrections to the Work as may be directed by City to conform to said Contract Documents. 6. WARRANTY: Contractor shall guarantee the Work against defective workmanship or materials for a period of one (1) year from the date of its final acceptance under the contract, ordinary wear and tear and unusual abuse or neglect excepted. Any omission on the part of City to condemn defective Work or materials at the time of maintenance Work shall not be deemed an acceptance and Contractor will be required to correct defective Work or materials at any time before acceptance. Within one (1) year from the date of acceptance due to faults in workmanship or materials, Contractor shall begin making the necessary repairs to the satisfaction of City within fourteen (14) calendar days of receipt of written notice from City. Such Work shall include the repair or replacement of other Work or materials damaged or affected by making the above repairs or corrective work all at no additional cost to City. In the case of Work materials or equipment for which warranties are required by the special provisions of the Contract Documents, Contractor shall provide or secure from the appropriate subcontractor or supplier such warranties addressed to and in favor of City and deliver same to City prior to final acceptance of the Work. Delivery of such warranties shall not relieve 2 Contractor from any obligation assumed under any other provision of the contract. The warranties and guarantees provided in this subsection shall be in addition to and not in limitation of any other warrantees, guarantees or remedies required by law, and shall survive the expiration of this Agreement for the time period mentioned above. 7. TAXES: Contractor shall pay all license, sales, transaction privilege, consumer, use and other similar taxes for the Work or portions thereof provided by Contractor which are legally enacted at the time bids are received whether or not yet effective or subsequently applicable due to acts of jurisdictions or bodies other than City. 8. PERMITS & FEES: Unless otherwise provided in the Contract Documents, Contractor shall secure and pay for all permits, government fees, licenses and inspections necessary for the proper execution and completion of work which are customarily secured after execution of the contract and which are legally required. Contractor shall give all notices and comply with all laws, ordinances, rules, regulations and lawful orders of any public authority bearing on the performance of the Work. City permits for this Work will be provided to Contractor at no cost. Contractor represents and warrants that any license necessary to perform the work under this Agreement is current and valid. Contractor understands that the activity described herein constitutes "doing business in the City of Apache Junction" and Contractor agrees to obtain a business license pursuant to Chapter 8 of the Apache Junction City Code, Vol. I, and keep such license current during the term of this Agreement and after termination of this Agreement any time work is performed pursuant to the warranty provisions set forth in Section 6. Contractor also acknowledges that the tax provision of the Apache Junction Tax Code, Chapter 8A, may also apply and if so, shall obtain a transaction privilege license and/or other licenses as may be required by the city code. Any activity by subcontractors within the corporate city limits will invoke the same licensing regulations on any subcontractors, and Contractor ensures its subcontractors will obtain any and all applicable licenses. Further, Contractor agrees to pay all applicable privilege and use taxes that are applicable to the activities, products and services provided under this Agreement. 9. INDEPENDENT CONTRACTOR: Contractor shall at all times during Contractor's performance of the services retain Contractor's status as an independent contractor. Contractor's employees shall under no circumstances be considered or held to be employees or agents of City, and City shall have no obligation to pay or withhold state or federal taxes, or provide workers' compensation or unemployment insurance for or on behalf of them or Contractor. Contractor shall supervise and direct the delivery of the materials using its best skill and attention. Except as provided in this Agreement, Contractor shall be solely responsible for all construction means, methods, techniques, sequences and procedures, and for coordinating all portions of the 3 Work required by the Contract Documents. Contractor shall be responsible to City for the acts and omissions of its employees, subcontractors and their agents and employees and other persons providing any of the Work. 10. SUPERINTENDENT: Contractor shall employ a competent project superintendent who shall be in attendance at the project site during the progress of the Work. The superintendent shall represent and be the community agent of Contractor and communications given to the superintendent shall be as binding as if given to Contractor. Important communications shall be confirmed in writing. The designated superintendent shall be designated for each project and communicated to City before the Work is performed. 11. PROGRESS SCHEDULE: Contractor shall, immediately after entering into this Agreement, generate an estimated Work progress schedule, which shall be maintained and updated during the project. Work may progress during regular City business hours only if it is determined by City not to disturb normal operations. 12. INDEMNIFICATION: To the fullest extent permitted by law, Contractor shall defend, indemnify and hold harmless City, its elected and appointed officers, officials, agents, and employees from and against any and all liability including but not limited to demands, claims, actions, fees, costs and expenses, including attorney and expert witness fees, arising from or connected with, or alleged to have arisen from or connected with, relating to, arising out of, or alleged to have resulted from the acts, errors, mistakes, omissions, the Work or services of Contractor, its agents, employees, or any tier of Contractor's subcontractors in the performance of this Agreement, but only to the extent caused by the negligence, recklessness or intentional wrongful conduct of Contractor or its subcontractors in the performance of this Agreement or any subcontract. Contractor's duty to defend, hold harmless and indemnify City, any special districts, elected and appointed officers, officials, agents, and employees shall arise in connection with any tortious claim, damage, loss or expense that is attributable to bodily injury, sickness, disease, death, or injury to, impairment, or destruction of property including loss of use resulting therefrom, caused by an Contractor's acts, errors, mistakes, omissions, work or services in the performance of this Agreement including any employee of Contractor, any tier of Contractor's subcontractor or any other person for whose acts, errors, mistakes, omissions, work or services Contractor may be legally liable. 13. SUBCONTRACTORS: All subcontractors chosen by Contractor will be subject to City's approval. All subcontractors shall be identified by Contractor prior to award of contract. Contractor shall make no substitutions for any subcontractor, person or entity previously selected without the approval of City. 4 14. APPLICABLE LAW AND VENUE: The terms and conditions of this Agreement shall be governed by and interpreted in accordance with the laws of the State of Arizona. Any action at law or in equity brought by either Party for the purpose of enforcing a right or rights provided for in this Agreement, shall be tried in a court of competent jurisdiction in Pinal County, State of Arizona. The Parties hereby waive all provisions of law providing for a change of venue in such proceeding to any other county. In the event either Party shall bring suit to enforce any term of this Agreement or to recover any damages for and on account of the breach of any term or condition in this Agreement, it is mutually agreed that the prevailing Party in such action shall recover all costs including: all litigation and appeal expenses, collection expenses, reasonable attorney fees, necessary witness fees and court costs to be determined by the court in such action. 15. INSURANCE: Contractor, at its own expense, shall purchase and maintain the herein stipulated minimum insurance with companies duly licensed, possessing a current A.M. Best, Inc. Rating of B++6, or approved unlicensed in the State of Arizona with policies and forms satisfactory to City. All insurance required herein shall be maintained in full force and effect until all Work required to be performed under the terms of the Agreement is satisfactorily completed and formally accepted; failure to do so may, at the sole discretion of City, constitute a material breach of this Agreement. Contractor's insurance shall be primary insurance as respects the City, and any insurance or self-insurance maintained by City shall not contribute to it. Any failure to comply with the claim reporting provisions of the insurance policies or any breach of an insurance policy warranty shall not affect coverage afforded under the insurance policies to protect City. The insurance policies, except Workers' Compensation, shall contain a waiver of transfer rights of recovery (subrogation) against City, its agents, officers, officials and employees for any claims arising out of Contractor's acts, errors, mistakes, omissions, Work or service. The insurance policies may provide coverage which contains deductibles or self-insured retentions. Such deductible and/or self-insured retentions shall not be applicable with respect to the coverage provided to City under such policies. Contractor shall be solely responsible for the deductible and/or self retention and City, at its option, may require Contractor to secure payment of such deductibles or self-insured retentions by a surety bond or an irrevocable and unconditional letter of credit. City reserves the right to request and to receive, within ten (10) working days, certified copies of any or all of the herein required insurance policies and/or 5 endorsements. City shall not be obligated, however, to review same or to advise Contractor of any deficiencies in such policies and endorsements, and such receipt shall not relieve Contractor from, or be deemed a waiver of, City's right to insist on strict fulfillment of Contractor's obligations under this Agreement. The insurance policies, except Workers' Compensation and Professional Liability, required by this Agreement, shall name City, its agents, officers, officials and employees as Additional Insureds. REQUIRED COVERAGE Commercial General Liability Contractor shall maintain Commercial General Liability insurance with a limit of not less than $1,000,000 for each occurrence with a $2,000,000 Products/Completed Operations Aggregate and a $2,000,000 General Aggregate limit. The policy shall include coverage for bodily injury, broad form property damage, personal injury, products and completed operations and blanket contractual coverage including, but not limited to, the liability assumed under the indemnification provisions of this Agreement, which coverage will be at least as broad as that on Insurance Service Office, Inc. Policy Form No. CG 00011093, or the equivalent thereof. Such policy shall contain a severability of interest provision, and shall not contain a sunset provision or commutation clause, nor any provision which would serve to limit third party action over claims. The Commercial General Liability additional insured endorsement shall be at least as broad as the Insurance Service Office, Inc.'s Additional Insured, Form B, CG 20101185, or the equivalent thereof, and shall include coverage for Contractor's operations and products and completed operations. If required by this Agreement, if Contractor sublets any part of the Work, Contractor shall purchase and maintain, at all times during prosecution of the Work, under this Agreement, an Owner and Contractor's Protective Liability insurance policy for bodily injury and property damage, including death, which may arise in the prosecution of Contractor's Work, under this Agreement. Coverage shall be on an occurrence basis with a limit not less than $1,000,000 per occurrence, and the policy shall be issued by the same insurance company that issues Contractor's Commercial General Liability insurance. Automobile Liability Contractor shall maintain Commercial/Business Automobile Liability insurance with a combined single limit for bodily injury and property damage of not less than $1,000,000 each occurrence with respect to Contractor's owned, hired, 6 and non-owned vehicles assigned to or used in performance of Contractor's Work. Coverage will be at least as broad as coverage code 1, "any auto", (Insurance Service Office, Inc. Policy Form CA 00011293, or the equivalent thereof). Such insurance shall include coverage for loading and off loading hazards. If hazardous substances, materials or wastes are to be transported, MCS 90 endorsement shall be included and $5,000,000 per accident limits for bodily injury and property damage shall apply. Workers' Compensation Contractor shall carry Workers' Compensation insurance to cover obligations imposed by federal and state statutes having jurisdiction of Contractor's employees engaged in the performance of the Work; and, Employer's Liability insurance of not less than $100,000 for each accident, $100,000 disease for each employee, and $500,000 disease policy limit. By execution of this Agreement, Contractor certifies as follows: "I am aware and understand the provisions of A.R.S. § 23-901 et seq. which requires every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of this chapter, and I will comply with such provisions before commencing the performance of the Work of this Agreement." If Contractor has no employees for whom workers' compensation insurance is required, Contractor shall submit a declaration or affidavit to City so stating and covenanting to obtain such insurance if and when Contractor employs any employees subject to coverage. In case any work is subcontracted, Contractor will require subcontractors to provide Workers' Compensation and Employer's Liability insurance to at least the same extent as required of Contractor. Certificates of Insurance Prior to commencing Work or services under this Agreement, Contractor shall furnish City with Certificates of Insurance, or formal endorsements as required by the Agreement, issued by Contractor's insurer(s), as evidence that policies providing the required coverages, conditions and limits required by this Agreement are in full force and effect. The form of the certificates of insurance and endorsements shall be subject to the approval of the Apache Junction City Attorney's Office, shall comply with the terms of this Agreement, and shall be issued and delivered to City Attorney, City of Apache Junction, 300 East Superstition Boulevard, Apache Junction, AZ, 85119. In the event any insurance policies required by this Agreement are written on a "claims made" basis, coverage shall extend for two (2) years past completion 7 and acceptance of Contractor's Work and as evidenced by annual Certificates of Insurance. If a policy does expire during the life of the Agreement, a renewal certificate must be sent to City thirty (30) calendar days prior to the expiration date. All Certificates of Insurance shall be identified with bid serial number and title. Policies or certificates and completed forms of City's Additional Insured Endorsement (or a substantially equivalent insurance company form acceptable to the City Attorney) evidencing the coverage required by this section shall be filed with the City and shall include the City as an additional insured. The policy or policies shall be in the usual form of a public liability insurance, but shall also include the following provision: "Solely as respects work done by or on behalf of the named insured for the City of Apache Junction, it is agreed that the City of Apache Junction and its officers and employees are added as additional insureds under this policy." Insurance required herein shall not expire, be canceled, or materially changed without thirty (30) calendar days' prior written notice to City. 16. CHANGE ORDERS: A change order is a written order to Contractor, approved by the City representative, issued after execution of this maintenance agreement authorizing a change in the Work or an adjustment in the maintenance agreement sum or the maintenance agreement time. A change order signed by Contractor indicates their agreement therewith. City may, without invalidating this maintenance agreement, order changes in the Work within the general scope of the maintenance agreement consisting of additions, deletions or other revisions, the maintenance agreement sum and the maintenance agreement being adjusted accordingly. All such changes in the Work shall be authorized by change order and shall be performed under the applicable conditions of this maintenance agreement. The City representative shall have authority to order minor changes in the Work not involving an adjustment in the maintenance agreement sum or extension of maintenance agreement time and not inconsistent with the intent of this maintenance agreement. All such changes shall be effected by written order and shall be binding upon City and Contractor. 17. SUCCESSORS ASSIGNMENT & DELEGATION: City and Contractor each bind themselves, their partners, successors, assigns and legal representatives to the other Party hereto and to the partners, successors, assigns and legal representatives of such other Party in respect to all covenants, agreements and obligations contained in the contract documents. Neither Party to the contract shall assign the contract or sublet it as a whole or delegates the duties thereunder, without the written consent of the other, nor 8 shall Contractor assign any monies due or to become due to it without the previous written consent of City. 18. WRITTEN NOTICE: Written notice shall be deemed to have been duly served if delivered in person to the individual or member of the firm or entity, or to an office of the corporation for whom it was intended or if delivered at or sent registered or certified mail, return receipt requested, and first class postage prepaid to the last business address known to them who gives the notice. 19. CLAIMS FOR DAMAGES: Should either Party to the contract suffer injury or damage to personal property because of any act or omission of the other Party or of their employees or agents for whose acts they are legally liable, claims shall be made in writing to such other parties within a reasonable time after the first observance of such injury or damages. 20. PAYMENT & PERFORMANCE BONDS: City shall have the right to require Contractor to furnish bonds covering the faithful performance of the contract and the payment of all obligations arising hereunder. When required, standard bond forms must be completed by Contractor, and Contractor agrees to conform to all provisions set forth in such forms. 21. SAFETY: Contractor and/or its subcontractors shall be solely responsible for job safety at all times. 22. RIGHTS & REMEDIES: The duties and obligations imposed by the Contract Documents and the rights and remedies available hereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. No action or failure to act by City or Contractor shall constitute a waiver of any right or duty afforded any of them under the contract, nor shall any action or failure to act constitute an approval of or an acquiescence to any breaches hereunder except as may be specifically agreed to in writing. 23. FORCE MAJEURE: Neither City nor Contractor, as the case may be, shall be considered not to have performed its obligations under this Agreement in the event of enforced delay (an "Enforced Delay") due to causes beyond its control and without its fault or negligence or failure to comply with applicable laws, including, but not restricted to, acts of God, fires, floods, epidemics, pandemics, quarantine, restrictions, embargoes, labor disputes, and unusually severe weather or the delays of subcontractors or materialmen due to such causes, acts of a public enemy, war, terrorism or act of terror (including but not limited to bio-terrorism or eco-terrorism), nuclear radiation, blockade, insurrection, riot, labor strike or interruption, extortion, sabotage, or similar occurrence or any exercise of the power of eminent domain of any governmental body on behalf of any public entity, or a declaration of moratorium or similar 9 hiatus (whether permanent or temporary) by any public entity directly affecting the obligations under this Agreement. In no event will Enforced Delay include any delay resulting from unavailability for any reason of labor shortages, or the unavailability for any reason of particular Contractors, subcontractors, vendors or investors desired by Contractor in connection with the obligations under this Agreement. Contractor agrees that Contractor alone will bear all risks of delay which are not Enforced Delay. In the event of the occurrence of any such Enforced Delay, the time or times for performance of the obligations of the Party claiming delay shall be extended for a period of the Enforced Delay; provided, however, that the Party seeking the benefit of the provisions of this Section shall, within thirty (30) calendar days after such Party knows or should know of any such Enforced Delay, first notify the other Party of the specific delay in writing and claim the right to an extension for the period of the Enforced Delay; and provided further that in no event shall a period of Enforced Delay exceed ninety (90) calendar days. 24. TERMINATION: A. TERMINATION BY CITY: City shall be permitted to terminate this Agreement if in the discretion of the city manager or his or her designee, they believe Contractor has failed to meet the terms of this Agreement. City shall provide Notice of Termination to Contractor by Certified U.S. Mail ten (10) calendar days before such termination takes effect. B. TERMINATION BY CONTRACTOR: Contractor may terminate this Agreement if City fails to make payment as agreed upon in this document. Any other termination will be deemed a breach of contract by Contractor. Contractor shall provide Notice of Termination to City by Certified U.S. Mail ten (10) calendar days before such termination takes effect. 25. RECORDS: Records of Contractor's labor, payroll and other costs pertaining to this Agreement shall be kept on a generally recognized accounting basis and made available to City for inspection on request. Contractor shall maintain records for a period of at least two (2) years after termination of this Agreement, and shall make such records available during that retention period for examination or audit by City personnel during regular business hours. 26. AMENDMENT: It is mutually understood and agreed that no alteration or variation of the terms and conditions of this Agreement shall be valid unless made in writing and signed by the Parties hereto, and that oral understandings or agreements not incorporated herein shall not be binding on the Parties. The representatives of the Parties (signatory for Contractor noted below or his or her designee, and the City Manager, or his or her designee), shall be authorized to execute future amendments or extensions of this Agreement. 10 27. ENTIRE AGREEMENT: This Agreement and any attachments represent the entire agreement between City and Contractor and supersede all prior negotiations, representations or agreements, either express or implied, written or oral. It is mutually understood and agreed that no alteration or variation of the terms and conditions of this Agreement shall be valid unless made in writing and signed by the Parties hereto. Written and signed amendments shall automatically become part of the supporting documents, and shall supersede any inconsistent provision therein; provided, however, that any apparent inconsistency shall be resolved, if possible, by construing the provisions as mutually complementary and supplementary. 28. SEVERABILITY: City and Contractor each believe that the execution, delivery and performance of this Agreement are in compliance with all applicable laws. However, in the unlikely event that any provision of this Agreement is declared void or unenforceable (or is construed as requiring City to do any act in violation of any applicable laws, including any constitutional provision, law, regulation, or city code), such provision shall be deemed severed from this Agreement and this Agreement shall otherwise remain in full force and effect; provided that this Agreement shall retroactively be deemed reformed to the extent reasonably possible in such a manner so that the reformed agreement (and any related agreements effective as of the same date) provide essentially the same rights and benefits (economic and otherwise) to the Parties as if such severance and reformation were not required. Unless prohibited by applicable laws, the Parties further shall perform all acts and execute, acknowledge and/or deliver all amendments, instruments and consents necessary to accomplish and to give effect to the purposes of this Agreement, as reformed. 29. TIME IS OF THE ESSENCE: Time is of the essence with respect to all provisions in this Agreement. Any delay in performance by either Party shall constitute a material breach of this Agreement. 30. CONFLICT OF INTEREST: This Agreement is subject to, and may be terminated by City in accordance with, the provisions of A.R.S. § 38-511. 31. PROHIBITION TO CONTRACT WITH CONTRACTORS WHO ENGAGE IN BOYCOTT OF THE STATE OF ISRAEL: The Parties acknowledge A.R.S. §§ 35-393 through 35-393.03, as amended, which forbids public entities from contracting with Contractors who engage in boycotts of the State of Israel. Should Contractor under this Agreement engage in any such boycott against the State of Israel, this Agreement shall be deemed automatically terminated by operation of law. Any such boycott is a material breach of contract. 32. COMPLIANCE WITH FEDERAL AND STATE LAWS: Contractor understands and acknowledges the applicability of the American with Disabilities Act, the Immigration Reform and Control Act of 1986 and the Drug Free Workplace Act of 1989 to the services performed under this Agreement. 11 As required by A.R.S. § 41-4401, Contractor hereby warrants its compliance with all federal immigration laws and regulations that relate to its employees and A.R.S. § 23-214(A). Contractor further warrants that after hiring an employee, Contractor will verify the employment eligibility of the employee through the E- Verify program. If Contractor uses any subcontractors in performance of services, subcontractors shall warrant their compliance with all federal immigration laws and regulations that relate to its employees and A.R.S. § 23- 214(A), and subcontractors shall further warrant that after hiring an employee, such subcontractor verifies the employment eligibility of the employee through the E-Verify program. A breach of this warranty shall be deemed a material breach of the Agreement that is subject to penalties up to and including termination of this Agreement. Contractor is subject to a penalty of $100 per day for the first violation, $500 per day for the second violation, and $1,000 per day for the third violation. City at its option may terminate this Agreement after the third violation. Contractor shall not be deemed in material breach of this Agreement if the Contractor and/or subcontractors establish compliance with the employment verification provisions of Sections 274A and 274B of the federal Immigration and Nationality Act and the E-Verify requirements contained in A.R.S. § 23-214(A). City retains the legal right to inspect the papers of any Contractor or subcontractor employee who works under this Agreement to ensure that the Contractor or subcontractor is complying with the warranty. Any inspection will be conducted after reasonable notice and at reasonable times. If state law is amended, the Parties may modify this paragraph consistent with state law. ----- SIGNATURES TO BE ON FOLLOWING PAGES ----- 12 IN WITNESS WHEREOF the Parties hereto have caused this Agreement to be signed by their duly authorized representative as of this day of , 2022. CONTRACTOR: VIASUN CORPORATION, an Arizona corporation By: Its: CITY: CITY OF APACHE JUNCTION, ARIZONA, an Arizona municipal corporation By: Walter"Chip" Wilson Its: Mayor ATTEST: Jennifer Pena City Clerk APPROVED AS TO FORM: Richard J. Stern City Attorney 13 EXHIBIT A 362 Superior Ave.. Phoenix,nix,Arizona 85040 Phone-(480)268-9669 Fax: 480 223- 255 aSun Corporation Cate:0912312022 _ 220046 Apache Jultodon Ite a " n C shin •Piny#JOC C 176623 Civil ConOichon Asphalt Crushing Geners m 10 General Conedibons 10 DAY $209 $2 d, 20 Mobil€zebra 1 LS $3, 1 $3,000.00 30 Traffic Control t Sarricadu r tt LS W00 $0,00 0 Quality Controll Testing 0 L S $0,00 $0,00 50 Owners Allowance td L S $U0 $0,00 Subtotal General Items SSr0 . 6 Work Items 0 Asphalt Crushing- 6635 T $13,97 $125,865,95 , 00 MOO Subtotal Work Items 5125,865.E Total Direct Cost $1 i 5. Subtotal $1130,86515 Indirect Cast Overhead l Profit 930 $12,43217 Subtotal S12,43217 Total $143,29812 515 lnsuran e< 1,000% $1.432.98 520 Bond 1,500 $Z149A7 Subtotal $146,880V Sales Tax 6.24% $9:165.35 Total $156,046.02 14 City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No.20. File ID: 22-722 Sponsor:Jennifer Pena Agenda Date: 11/15/2022 Index: In Control: City Council Meeting Executive Session at 6:00 PM for Monday, December 5, and Tuesday, December 6, 2022, in the city council conference room located at 300 E Superstition Boulevard in Apache Junction, Arizona and other meetings scheduled if necessary. City of Apache Junction,Arizona Page 1 Printed on 111812022 CITY COUNCIL MEETING ROLL CALL Date: iaq_ fl, Work Study Regular Special : : S: : : E: CITY COUNCIL: Present Ab/exca Present Ab/ u Present b xcu MAYOR W ILSON VICE MAYOR RIZZI COUNCILMEMBER EVANS COUNCILMEMBER HECK i �.._ COUNCILMEMBER JOHNSON COUNCILMEMBER NESSER COUNCILMEMBER SCHROEDER TOTAL CITY STAFF: Present Ab/rxcu Present Ab/excu Present tAb,/excu City Manager Bryant Powell ' ; Assistant City Manager Matt Busby City Clerk Jennifer Pen; City Attorney Joel Stern Assist to City Manager Anna McCray _._ .. Public Information Officer Al Bravo . Public Safety Director Michael Pooley .___��.: Dev Services Director Rudy Esquivias l PW Director Michael Wever k_. _ ----------- Parks& Rec Director Liz Langenbach ED Director Patrick Ainsworth r _. ---------- Library Director Pam Harrison I Finance Director _ Leslie DeReche HR Director cCra Anna �.....__ y��_ M.n _...._ ; Water District Director Mike Loins Municipal Judge A.Doug LaSota _....� . OTHERS: Deputy City Clerk Evie McKinney _. Int.Planning Manager Sidney Urias Building&Safety Mngr Adrian Alegria Senior Planner Planner Kelsey Schattnik Associate Planner Nick Leftwich PW Project Engineer Raquel Schatz City Engineer Emile Schmid I /:\Templ t s& Fort \Roll Call City Cs MICil ..Att end;.nce.docx 9Mr) 'P CW91- t City of Apache Junction, ri Meeting location. City Council Chambers r 5 s "i at City Hall Agenda 300 E.Superstition Blvd Apache Junction,AZ CouncilCity Meeting 85119 apachejunctionaz.gov Ph:(480)982-8002 Tuesday,November 15,2022 7:00 PM City Council Chambers A. CALL TO ORDER B. INVOCATION AND PLEDGE OF ALLEGIANCE C. ROLL CALL D. CONSENT AGENDA The council may, at this time,take"single action on any or all items listed as consent agenda items. These may include, but are not limited to, acceptance of agenda, acceptance of minutes, appointments, acceptance of resignations and adoption of certain resolutions and other items which do not require a public hearing. The consent agenda is a timesaving device of which the mayor and city council is to receive documentation on these items from the city manager for their review prior to the meeting. Any member of the council may remove any item from the consent agenda for discussion and cause a separate vote on the matter later in the agenda. 1. -717 Consideration of acceptance of agenda. sponsors. Jennifer Pena AZ 22-718 Consideration of approval of minutes of the regular meeting of November 1, 2022. Sponsors: Jennifer Pena Attachments: CCMIN 2022.11.01 MINUTES 22-715 Consideration of approval of the Library Board of Trustees amendment to the Library BoardBy-Laws.This item was presented and discussed t the city council meeting held November 1, 2022. Sponsors: Pamela Harrison Attachments: MEMO-Amendment to Library BoardBy-Laws Library BoardBy-Laws Final-approved 10-13-22 City of Apache Junction,Arizona Page 1 Printed on 111812022 City council Meeting Agenda November 15,2022 /4. 22-7 3 Consideration of adoption of the fourth amendment to the landscape maintenance service contract with Brighliview Landscape Services, Inc., increasing the cost of services by 5% due to inflation, for a total not to exceed$ 25,000.00.This item was presented and discussed at the city council meeting held November 1, 2022. sponsors. Liz Lan enbach Attachments: Staff Memo-Brightyiew Amendment 2015 Brightview Contract-Executed Cooy, Brightview Agreement-Fourth Amendment PRESENTATIONSE. AWARDS, Awards, presentations from other organizations,proclamations issued by the mayor, and acknowledgement of distinguished guests and visitors, and staff presentation of receipt of grant or donated funds are permitted at this time. F. REGIONAL INTERGOVERNMENTAL UPDATES The mayor or any member of council may at this time present a brief summary of any regional intergovernmental updates. However, no discussion shall take place on such items except for clarifying comments related to substance, time and location. 5. 22-719 Brief summary of intergovernmental updates from mayor and councilrnembers. sponsors: Chip Wilson G. CITY MANAGER'S REPORT The city manager, members of city staff or those individuals designated by the manager may present information pertinent to items under consideration or information related to the operation of the city, There shall however be no discussion at this time except for clarification inquiries.. 6. 22-720 CityManager's Report sponsors: Bryant Powell 7. 2-731 Project update and discussion with Resolution Copper Project Director, Vi sponsors: ryant Powell 8. 2 -721 Announcement of current events. Sponsors: Al Bravo H. PUBLIC HEARINGS Public hearings required by applicable law shall be conducted by the council and any Burson shall be given the opportunity to speak.All remarks shall be addressed to the council as a whole and not to any member thereof Such remarks shall be limited to five(5)minutes unless additional time is granted by the mayor. This time limitation shall not apply to applicants and their agents appearing before the council. City of Apache Junction,Arizona Page 2 Printed on 11/8/2022 City Council Meeting Agenda November 16,2022 22-710 Presentation, discussion, public hearing, and consideration of proposed Ordinance No. 1528 (case P-21-99-PZ), a proposed Planned Development Major Amendment of the High Density Multiple-Family Residential by Planned Development(RM-2/PD)zoned property at 94 W. Roundup Street(parcels 100-31-017C, 100-31-017D and 100-31-017B), located at the northwest corner of Idaho Road and Roundup Street, for the development of three, two-story 4-plexes.This item was presented and discussed at the city council meeting held November 1, 2022. Sponsors: Kelsey Schattnik Attachments: P-21-99-PZ CC Memo P-21-99-PZ P&Z Staff Report Ex, 1 P-21-99-P'Proiect Narrative(94 W. Roundup) Ex. 2 Aerial Map Ex. 3 P-21-99-PZ Site Plan Ex.4 P-21-99-PZ Elevations Ex. 5 P-21-99-PZ Landscape PIan Ex. 6 P-21-99-PZ-Participation Plan and Final Report Conditions gf Approval Ordinance No. 1528 Resolution No, 22-38 /10. 22-732 Presentation, discussion, public hearing, and consideration of proposed Resolution No. 22-38 (case P-21-99-PZ)La Resolution of the Mayor and City Council of the f y of Apache function Arizona, declaringas a public record that certain document filed with the City Clerk and entitled"Zoning Conditions of Case No. P-21-99-PZ 6u fh-6-�i�e�d-6-n---m_tOtd'k"iawzlqt�4 r j ned development major amendment of the prope y legally described as and located at 94 W Roundup Street,Apache Junction,Arizona."This item was presented and discussed at the city council meeting held November 1, 2022. sponsors: Kelsey Schattnik Attachments: P-21-99-PZ CC Memo 94 W. Roundup St.-Conditions of Approval Ordinance No. 1528 Resolution No. 22-38 City of Apache Junction,Arizona Page 3 Printed on 111812022 City Council Meeting Agenda November 15, 2022 22-727 Presentation, discussion, public hearing, and consideration of Ordinance No. 1530, case P-22-88-PZ, a request by Chris Hundelt of Keystone Homes for the approval of a planned development rezoning of 14.1 acres currently zoned RS-GR and RM-2 to RM-2/13D to approve and facilitate the development of a 158-unit leased residential community tentatively known as"The Havenly Scenic."This item was presented and discussed at the city council meeting held November 1, 2022, sponsors. Nicholas Leftwich Attachments: P-22-88-PZ Staff Memo Ordinance No. 1530 Legal Descriptions and Zoning Conditions of Case No, P-22-88- P-22-88-PZ Staff Report Ex 1 Project Narrative Ex 2 P-22-88-PZ Site Plan Ex 3 Side-By-Side Site Plans Ex.4 Aerial Zqa[pg_Mg2 Ex,5 Ex 6 Elevations and Floor Plans Ex 7 Final Public ParticigglLgp_B2pgft 12 / 22-728 Presentation, discussion, public hearing, and consideration of proposed Resolution No. 22-43, a Resolution of the Mayor and City Council of the City of Apache Junction, Arizona, declaring as a public record that certain document filed with the City Clerk and entitled "Legal Descriptions and Zoning Conditions of Case No. P-22-88-PZ Authorized under Ordinance No.1530." sponsors: Nicholas Leftwich Attachments: P-22-88-PZ Staff Memo Resolution No 22-43 Legal City of Apache Junction,Arizona Page 4 Printed on 111312022 City Council Meeting Agenda November 1 ,2022 . 2 -729 Presentation, discussion, public hearing, and consideration of Ordinance No. 11, case - - -P , a request by Chris Hundelt of Keystone Homes to amend Ordinance No.151 to modify the conditions of approval requiring the improvement and dedication of Colt Road. This item was presented and discussed at the city council meeting held November 1, 2022. Sponsors: Nicholas Leftwich Attachments: P-22-89-PZ Staff Memo Ordinance No. 1531 Lega! Descriptions and Zoning Conditions of Case o: P_22.8g P-22-89-PZ Staff Report Ex. 1 P-22- 9-PZ-Project Narrative Ex,2 P-22-89-PZ-Amended Colt Exhibit x. 3-Combined Site Plan x, 3 Side-Bv-Side Site Plans Ex.4 Ordinance No. 1518 Ex. 5 P-21-73-PZ Approved Updated Site Plan 10.28.21 Ex.6 The Havenly Superstition Pre-Application Review Comme . 22-730 "Presentation, discussion, public hearing, and consideration of proposed Resolution No. 2 - , a Resolution of the Mayor and City Council of the City of Apache Junction, Arizona, declaring as a public record that certain document filed with the City Clerk and entitled "Legal Descriptions and Zoning Conditions of Case No. P-22-89-PZ Authorized under Ordinance No.11 for the Planned Development Major Amendment of Ordinance No.1 1 ," Sponsors: Nicholas Leftwich Attachments: P-22-89-PZ Staff Memo Resolution No.22-44 Legal Descriptions and Zoning Conditions of Case No P-22-89- IOLD BUSINESS The council shall consider any business that has been previously considered and which is still unfinished to include those items previously postponed or tabled.No member of the public shall be permitted to speak on these items Unless invited to do so by the mayor after first submitting a written request-to-speak form with the city clerk. City of Apache Junction,Arizona Page 5 Printed on 111812022 City Cou7cil Meeting Agenda November 15, 2022 22-670 Presentation, discussion, and consideration of rejection of bids made by Tyler Technologies and Capers North America and approval of contract award to Mark 43 for RFP#23001 Computer Aided Dispatch/Public Safety Software Solution, Records Management System, and Mobile Field Reporting Software for 1 year in the amount of$490,645.00 with four additional automatic one-year renewals of $269,062.00 for a total not to exceed $1,566,893.00. Funding from the American Rescue Plan Act of 2021 will be used for this procurement. This item was presented and discussed at the city council meeting held November 1, 2022. sponsors. Michael Pooley Attachments: Memo City Council Mark43 2022.10.14 Mark43 SLS6 for Apache Junction Apache Junction Paflice Department-Statement of V'Jark J. NEW BUSINESS The council shall consider any business not yet considered. No member of the public shall be permitted to speak an these items unless invited to do so by the mayor after first submitting a written request-to-speak form with the city clerk. 16. 22-734 Presentation, discussion, and consideration of Resolution No. 22-46, an intergovernmental agreement with the City of Apache Junction and the Arizona Department of Public Safety for security support services at the State Farm Stadium in Glendale,Arizona. sponsqrs: Michael Pooley Attachments: Resolution 22-46 IGA QPS-Glendale Stadium 17. 22-735 Presentation, discussion, and consideration of Resolution No,22-47, an intergovernmental agreement with the City of Apache Junction and the Maricopa County Sheriffs Office for Detention Officer Basic Training Academy use on an as-needed basis. sponsors: Michael Feeley Attachments: Resolution 22-47 IGA MCSC-Detention OfficeLl3asic-Training V118. 22-713 Presentation, discussion, and consideration on Resolution No. 22-45, authorizing the city to enter into an intergovernmental agreement with Apache Junction Unified School District#43 to create a virtual library card for students using their school identification number. sponsors, Pamela Harrison Attachments: MEMO-Resolution 22-45 and IGA with AJUSD Student ID card resolution and IGA City of Apache Junction,Arizona Page 6 Printed on 111812022 City Council Meeting Agenda November 16,2022 19. 22-726 Presentation and discussion on an award of contract to Viasun Corporation for asphalt crushing and screening.The work will be done through the Pinal County Cooperative Job Order Contract No.175623 for a total amount not to exceed$156,046.02.This service contract is %P- part of the Fiscal Year 22/23 Capital Improvement&Street Maintenance Plan. j sponsors: Shane Kiesow Attachments: Staff Memo-HFS22-34 Award HFS22-34 Agreement-Viasun K. COUNCIL DIRECTION TO STAFF This item allows the mayor and city council to direct staff on specifically listed matters. L. SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES 20. 22-722 Executive Session at 6:00 PM for Monday, December 5, and Tuesday, December 6, 2022, in the city council conference room located at 300 E Superstition Boulevard in Apache Junction,Arizona and other meetings scheduled if necessary. Sponsors: Jennifer Pena M. CALL TO PUBLIC At this time the public has the privilege to address the council with requests, communications, comments or suggestions relating to city business.All speakers must have already submitted a written"Request to Speak"form to the city clerk no later than the conclusion of the city manager's report portion of the agenda. if there is a group speaking on the same item, they should select a spokesperson.All such remarks shall be addressed to the council as a whole and not to any member thereof. The mayor is authorized to ask a speaker to stop speaking and leave the podium or to adjourn the meeting if anyone becomes disorderly, uncivil,makes personal attacks or continues to speak about items that are not within the jurisdiction of the city after being warned such issues are beyond the jurisdiction of the city to act. The council may not answer questions of the speaker, discuss the matter with one another, but may, at the conclusion: 1)respond to criticism by a speaker;2)ask the city manager to review a matter;3) ask the city manager to place the matter on a future agenda. Each speaker must approach the podium, speak into the microphone,provide their name and address. There is a three(3)minute time limit per speaker. N. ADJOURNMENT Copies of this agenda and additional information on any of the items listed above may be obtained from the City Clerk's office located at 300 E Superstition Blvd,Apache Junction,AZ 85119, Monday through Thursday from 7.,00a-6:00p, excluding holidays. The City of Apache Junction invites and welcomes people of all abilities to use our programs, sites and facilities. Specific requests may be made by contacting the Human Resources Office at(480)474-2617 or TDD(480)983-0095. The Apache Junction City Council may vote to go into Executive Session for legal advice on any item listed on this agenda pursuant to A.R.S. §38-431.03(A)(3);this notice is given pursuant to A.R.S.§ 38-431.02 to the members of the City Council and the public. City of Apache Junction,Arizona Page 7 Printed an 111812022 CITY OF APACHE JUNCTION Mayor's Script Tuesday, November 1 , 2022 A. CALL TO ORDER I would like to call this City of Apache Junction Council Meeting to order. B. INVOCATION AND PLEDGE OF ALLEGIANCE The invocation will be led by Vice Mayor Rizzi & the pledge by Councilmember C. ROLL CALL Roll Carl D. CONSENT AGENDA As a reminder-All items under the Consent Agenda will be approved with one motion. If a councilmeer wishes to remove an item for further discussion, the request will be made prior to approving the consent agenda and will be moved to New Business. 1. Consideration of acceptance of agenda. 2. Consideration of approval of minutes of the regular meeting of November 1, 2022. 3. Consideration of approval of the Library Board's amendment to the By- Laws. 4. Consideration of the fourth amendment to the landscape maintenance services contract with Brightview Landscape Services not to exceed $225,000.00 Do I have a motion on the consent agenda? wain for the motion and the 2nd Roll Call. E. AWARDS, PRESENTATIONS AND PROCLAMATIONS - None F. REGIONAL INTERGOVERNMENTAL UPDATES 5. Regional Intergovernmental meeting updates from Council. G. CITY MANAGER'S REPORT 6. City Manager's Report. Bryant to report 7. Project update & discussion with Resolution'Copper Bryant to start 8. Announcement of Current Events Al Bravo to report H. PUBLIC HEARINGS 9. Items 9 and'10 address the same property and development so I am going to combine them, but there will be separate motions. Presentation, discussion, public hearing and consideration of Ordinance No. 1528 , a proposed Planned Development Major Amendment on case`P-21-99-PZ, for the property located at 94 W. Roundup Street. AND Resolution No. 22 38, declaring as a public record that certain document filed with the City Clerk and entitled "Zoning Conditions of Case No. P-21-99-PZ authorized under Ordinance No. 1528". Kelsey to start Any discussion among the council? council can discuss Would the developer like to speak? s a public hearing, would anyone like to speak on these items? public can speak I'll close the public hearing and ask for a motion on Ordinance No. 1528. wait for the motion & the 2 1' Roll Call. Second motion to adopt Ord. No 1528- Roll Call 10. Can I have a motion on Resolution No. 22-38 Roll Call. This is the item, but we do not have to read it, it was considered under item No. 9. Presentation, discussion, public hearing and consideration Resolution No. 22-38, declaring as a public record that certain document filed with the City Clerk and entitled "Zoning Conditions of Case No. P-21-99-PZ authorized under Ordinance No. 1528°°for the Planned Development Major Amendment of the property located at 94 W. Roundup Street. 11. Items 11 through 14 address the same property and development so I am going to combine them. Nicholas to start Any discussion among the council? council can discuss Would the developer like to speak? As a public hearing, would anyone like to speak on these items? public can speak I°II close the public hearing and ask for a motion on acceptance of the withdrawal from the developer. Roll Call 1. OLD BUSINESS 15. Presentation, discussion and consideration of rejection of bids made by Tyler Technologies and Capers North American and approval of contract award to MARK43 for Public Safety computer-aided dispatch, records management system and mobile field reporting software. Chief Pooley to start Any discussion among the council? council can discuss Roll Call. J. NEW BUSINESS 16. Presentation, discussion, and consideration of Resolution No. 22-46 an intergovernmental agreement with the Arizona Department of Public Safety for security support services at the State Farm Stadium in Glendale, Arizona. Chief Pooley to start Any discussion among the council? council can discuss Roll Cali. 17. Presentation, discussion, and consideration of Resolution No. 22-47 an intergovernmental agreement with the Maricopa County Sheriffs Office for Detention Officer Basic Training Academy use on an as-needed'-basis. Chief Pooleyto start Any discussion among the council? council can discuss Roll Call. 18. Presentation, discussion, and consideration of Resolution No 22-45 an intergovernmental agreement with Apache Junction Unified School District #43 to create a virtual library card for students using their school identification number Pam'' to start Any discussion among the council? council can discuss Roll Call 19. Presentation and discussion on award of contract to Viasun Corporation for asphalt crushing and screening. Shane to start Any discussion among the council? NO MOTION- DISCUSSION L K. COUNCIL DIRECTION TO STAFF L. SELECTION OF MEETING DATES, TIMES, LOCATIONS AND PURPOSES 20. Executive Session at 6:00 P.M. for Monday, December 5, and Tuesday, December 6, 2022, in the city council conference room located at 300 E. Superstition Boulevard in Apache Junction, Arizona and other meetings scheduled if necessary. Do I have a motion on the next meeting dates? wait for motion and the 2" Roll Call M. CALL TO PUBLIC I would like to remind everyone that the Call to the Public is courtesy and not required by law: It is a time for the public to express requests, communications, comments and suggestions. Request to speak forms must be completed and handed to the city clerk before the end of the city managers report: All issues shall be presented in a professional manner without personal attacks. Under the open meeting law the council cannot engage in discussion on the - issues presented, but may;respond to criticism and may direct staff to follow up with the speaker directly and/or place this matter on a future agenda for council discussion. ., e�y t °t...wt °.,�,,,,a„ � o,.s Vats°.svcy.r®,y w� .a There is a three-minute limit for each speaker. Does council have any requests of staff to follow up on? N. ADJOURNMENT— I adjourn this meeting. 11.15.2022 MOTIONS CONSENT AGENDA I - I MOVE THAT THE CONSENT AGENDA BE APPROVED AND ACCEPTEDASPRESENTED. PUBLICI ITEM NO. 9 I MOVET AT ORDINANCE NO. 1528 BE READTITLE ONLY AND THE READING ENTIRE ! C WAIVED. (CALL UPON THE CITY CLERK ORDINANCE TITLE ONLY. (MAJORITY VOTE I TITLE L .) I MOVET T ORDINANCE NO. 1528, AS READ BY THE CITY CLERK, (BE APPROVED ADOPTED) OR (BE DENIED). I MOVET I CE NO. 1528, AS READ BY THE CITY CLERK, BE APPROVED ADOPTEDI FOLLOWING PUBLIC ITEM NO. 10 I MOVET T RESOLUTION NO. 22-38E L TI E MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, I , DECLARING AS A PUBLIC RECORDCERTAIN C FILED WITHCITY CLERK TITLE "ZONING CONDITIONS F CASE NO. -2 - -P AUTHORIZED I 5 ( ) OR (BE DENIED) JD N PUBLIC HEARING I MOVET T ACCEPTANCE THE WITHDRAWAL OF REZONING CASE - - - Z ALONGIT ACC I I C . 11 ANE LUTI 2- , ACCEPTANCEAND THE WITHDRAWAL OF PLANNEDDEVELOPMENT AMENDMENT CASE P-22-89-PZ ALONGIT ACC P I 6�0 I C � _#AND \,RESOLUTION NO. 22-444, AT THE REQUEST OF APPLICANT CHRIS HUNDELT OF KEYSTONE HOMES, FOR THE REASONSSTATED IN MR. HUNDELT'S NOVEMBER4-lJdv j� ® Z- C R ESP CE (BE APPROVED) OR ( I ) ITEM NO. 15 I MOVET AT THE CONTRACT LIC SAFETY'S COMPUTER-AIDED DI T , RECORDS MANAGEMENT ANIL IEL I (AWARDED) OR (REJECTED) TO MARK43 FOR AN AMOUNT NOTTO EXCEED $1,566,893.00 BIDS SUBMITTEDY TYLER TECHNOLOGIES CAPERS NORTH AMERICAREJECTED, AND E CITY MANAGER AND HISDESIGNEE I TO SIGN AND HAVE ADDITIONAL AUTHORITY TO TAKE ANY AND ALL OTHER ADMINISTRATIVE STEPS T EFFECTUATE E IMPLEMENTATION OF THE . ITEM NO. 16 I MOVET E L I -4 , AN INTERGOVERNMENTAL E T WITH THE ARIZONADEPARTMENT LIC SAFETY FOR SECURITY SUPPORT SERVICES AT THE STATE FARM STADIUMIN GLENDALE ARIZONA BE ( ) OR (DENIED) ITEM NO. 17 I MOVET T RESOLUTION NO. 2 - 7 AN INTERGOVERNMENTAL ITH THE MARICOPAC T EIF 'S OFFICE FOR DETENTIONOFFICER IC TRAINING ACADEMY USE ON AN AS-NEEDED-BASIS (APPROVED) (DENIED) ITEM NO. z I MOVET T RESOLUTION NO. 22-45 AN INTERGOVERNMENTAL T WITH APACHE JUNCTION IFI SCHOOL DISTRICT#43TO CREATE VIRTUAL LIBRARY CARD FOR STUDENTSUSING THEIR SCHOOL IDENTIFICATION NUMBER BE (APPROVED) (DENIED) ITEM NO. 20 I MOVET T AN EXECUTIVE SESSION AT 6:00 P.M. FOR MONDAY, DECEMBER 5T", AND TUESDAY, DECEMBERTH2022, E HELD IN THE CITY COUNCIL CONFERENCE LOCATED A300 E SUPERSTITIONBOULEVARD IN APACHEJUNCTION, I OTHEREINGS SCHEDULED IF NECESSARY. ADJOURNMENT: jxzd's'- aue, S` 11.15.222 MOTIONS' 7-ZZ- PUBLIC HEARING IT ' . 11 THROUGH 1 1 MOVE THAT ACCEPTANCE OF THE WITHDRAWAL OF REZONING CASE P-22-88-PZ ALONG WITH ACCOMPANYING ORDINANCE NO. 1530 AND RESOLUTION NO. 22-43, AND ACCEPTANCE OF THE WITHDRAWAL OF PLANNED DEVELOPMENT AMENDMENT CASE P-22-89-PZ ALONG WITH ACCOMPANYING ORDINANCE NO. 1531 AND RESOLUTION NO. 22-44, AT THE REQUEST OF APPLICANT CHRIS HUNDELT OF KEYSTONE HOMES, FOR THE REASONS STATED IN MR. HUDELT'S NOVEMBER 14, 2022 CORRESPONDENCE (BE APPROVED) OR (DENIED) City Council VOTE - ROLL CALL ITEM # A if 0 4 z z en da MEETINGF MOTION Y: ; i SECONDED Y: NOTES: YES NO ABSTAINED CITY COUNCIL: COUNCILMEMBER SCHROEDER f COUNCILMEMBER NESSER ' COUNCILMEMBER EVANS I COUNCILMEMBER JOHNSON VICE MAYOR RIZZI COUNCILMEMBER HECK MAYOR WILSON LTOTAL 1 UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL Vote sheet S:/5 Templates&Forms/Vote Call—City Council City Council VOTE - ROLL CALL ITEM # MEETING OF '- 0 MOTION BY: SECONDED BY: �z Oq NOTES: ' t l S t.w AP YES NO ABSTAINED CITY COUNCIL: COUNCILMEMBER HECK COUNCILMEMBER EVANS VICE MAYOR RIZZI COLINCILMEMBER NESSER COUNCILMEMBER JOHNSON COUNCILMEMBER SCHROEDER MAYOR WILSON TOTAL UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL Vote sheet 0 . -q °`4 S:/5—Templates Forms/Vote Call—City Council City Council VOTE - ROLL CALL ITEM # MEETINGF / _ 2- Z_ MOTION Y: ^. SECONDED Y: NOTES: YES NO ABSTAINED CITY COUNCIL: COUNCILMEMBER EVANS COUNCILMEMBER HECK LZ COUNCILMEMBER JOHNSON , VICE MAYOR RIZZI € COUNCILMEMBER NESSER_ COUNCILMEMBER SCHROEDER MAYOR WILSON I � r TOTAL UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL Vote sheet' S:/5—Templates Forms/Vote Call—City Council City Council VOTE - ROLL CALL ITEMMEETING OF lP MOTION BY: SECONDED Y: NOTES: m� YES .........a NO ABSTAINED CITY COUNCIL. VICE MAYOR RIZZI COUNCILMEMBER NESSER I COUNCILMEMBER HECK COUNCILMEMBER SCHROEDER COUNCILMEMBER JOHNSON COUNCILMEMBER EVANS MAYOR WILSON � I UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL Vote sheet' S:/5—Templates&Forms/Vote Call—City Council 11115122,4:35 PM Mail-Nicholas Leftwich-Outlook Keystone @ Havenly Scenic Cases P-22-88-PZ & P-22-89-PZ Chris Hundelt <chunde1t@keystonehornesaz.com> Tue 11/15/2022 4:18 PM To:Nicholas Leftwich <nleftwich@apachejunctionaz.gov> City of Apache Junction, I am disappointed to request that Keystone Homes would like to withdrawal our zoning case(s) known as The Havenly Scenic(P-22-88-PZ& P-22-89-PZ).This difficult decision was a result to these quickly changing and challenging financial markets.These changes have created some pause with our investors beyond our control and ultimately changed their commitment to this project and unfortunately backed out. Keystone Homes has invested a tremendous amount of time and money into this project and wish we could continue forward and deliver on what we planned to do.Without that same level of confidence that we had throughout the entitlement process we feel the responsible thing to do is to pull our case so that we do not re- zone the parcels to the PAD and not be able to execute the plan. It would be a disservice to the City of Apache Junction and the current property owners that we were under contract to purchase. We truly appreciate the partnership we have built with the City of Apache Junction and are thrilled with the progress of Superstition project and look forward to be apart of the community.This change in plan has no impact to The Havenly Superstition that is currently under construction making great progress. Thanks, Chris Hundelt Director of Development and BFR Communities Keystone Homes 7550 E. McDonald Dr, Suite G Scottsdale,AZ 85250 Cell: (602)999-7471 ROC#:060147 V KEYSTONE ­Mae24 https://outlook.office365.com/mail/inbox/id/AAQkAGViMGU3ZTFmLWU5YjQtNGEO yl iNjQ3LTlyNTUxOGVhN2U2ZAAQAMrtObOsOEcVoCFDsPJfns... 1/1 City Council VOTE - ROLL CALL ITEM # MEETING OF bP MOTION BY: ti SECONDED Y: (_ coiS-- °,\ NOTES: i ___"jYES NO BABSTAINED CITY COUNCIL: COUNCILMEMBER EVANS COUNCILMEMBER HECK COUNCILMEMBER JOHNSON VICE MAYOR RIZZI Fc oUNCILMEMBER NESSER COONCILMEMBER SCHROEDER MAYOR WILSON TOTAL UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL Vote sheet 5 S:/5—Templates Forms/Vote Call—City Council City Council VOTE - ROLL CALL iI _ - 2-0 Z« 7- ITEM # MEETING OF MOTION BY: SECONDED BY: {, TES: YES NO ABSTAINED ........ .........CITY COUNCIL: VICE MAYOR RIZZI COUNCILME BER NESSER COUNCILMEIVIBER NECK M., COUNCILMEMBER SCHROEDER COUNCILMEMBER JOHNSON COUNCILMEMBER EVANS x MAYOR WILSON TOTAL UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL Vote sheet 6 S:/5—Templates&Forms/Vote Call—City Council City Council VOTE - ROLL CALL ITEM # MEETING OF L MOTION BY: V"�'j SECONDED BY: NOTES: .................. YES NO ABSTAINED .. ......... CITY COUNCIL .......... COUNCILMEMBER SCHROEDER VICE MAYOR RIZZI .................. COUNCILMEMBER NESSER ---------------------------- ...... COUNCILMEMBER EVANS -----------------------------------� I COUNCILMEMBER HECK �COUNCILMEMBER JOHNSON ------------ MAYOR WILSON ............4-—----- ... ............ TOTAL UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL Vote sheet 1 S:/5—Templates&Forms/Vote Call—city Council City Council VOTE - ROLL CALL ITEM # MEETING OF MOTION BY: SECONDED BY: NOTES: . ..... .............. ............. YES NO ABSTAINED CITY COUNCIL: ............................................ ......... COUNCILMEMBER HECK -- COUNCILMEMBER EVANS ................ ...... ....... ;VICE MAYOR RIZZI .............. __11f..................................................................................... COUNCILMEMBER NESSER .......... .................. ---------- �COUNCILMEMBER JqHNSON 1 COUNCILMEMBER SCHROEDER -- ---------------- ------------- ----------- ................ 4................. MAYOR WILSON --------------------------- ..................... TOTAL ----------------- ............................. UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL Vote sheet# S:/5—Templates&Forms J Vote Call—City Council City Council VOTE - ROLL CALL ITEM # MEETING OF MOTION BY: S SECONDED BY: NOTES: ................................................... .................... ............... YES NO ABSTAINED .. .......... ............ -——------------ CITY COUNCIL: ............................................................................................................ ............ ....................................................... ... COUNCILMEMBER EVANS —-—-------------------- -------- ... ............................ ............... COUNCILMEMBER HECK v" ......................... COUNCILMEMBER JOHNSON - - -------------- --- ................. -——----------i................................................................ ----------- I VICE MAYOR RIZZI ............. ..........+1 ................ ............. I COUNCILMEMBER NESSER I. ......... COUNCILMEMBER SCHROEDER . . ........... —----------------- MAYOR WILSON V-11 . ................... TOTAL -—----------------- ---------- ..................... UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL Vote sheet 6 S:/5—Templates&Forms Vote Call—City Council -0 a) CD c y >> O Coo r Cd U ® S O M "= > O Q co (� '0O U Q O C m 50 O -C i O Cln >1 O O O O i 2 a)0 (� w y °°O Q LF' > O Q +. cm c Q- ® , CD N 4? 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CLN > O a) CD a) U �' — -0 - i w- ® O •— O CL 1 E O ® O rm N 4 O c= r w+ to w U U) M O Gw r >% �' Z s. CU O cT3 C c� U) Apache Junction City Council Case # P-21-99-PZ 9994 West Roundup" We, the local residents who are immediately affected by this development, oppose it on the grounds that it is inappropriate to introduce 2-story apartment buildings in this neighborhood. 1. 2-story buildings are inconsistent with the immediate neighborhood is consists of single-story homes. 2. These 2-story apartments create loss of privacy fort adjacent neighbors. 3. This development does not enhance our vision of a downtown Apache Junction 4. The development would haves ar to owners with no single responsibility for conduct or compliance. 5. Apache Junction Townhomes are on a at of Lease to Own, and as prospective homeowners we do not is to be adjacent to high-density rental units with transient occupancy. Specifically: 1. Inconsistent with the existing neighborhood. By rights, this vacant lots oul ve been part of the existing Apache Junction Townhomes development. It was not available at the time and Apache Townhomes, is are all single-story units, had to be built around it. Now, years later, this proposal would put 2-story apartment buildings in the middle of the existing single-story development. This out create a stark visual contrast and attract a very different in of occupancy. The proposed 4-plex rental units with 3-4 bedrooms each would create much greater density (perhaps over 96 people crammed into 3 lots) with related traffic and parking issues. By contrast, the adjacent AJ Townhomes on RosouSt. consists of single-story units housing a maximum of 72 people with off-street double-garage parking. 2. Loss gf_p1jyM The 2-story apartments would back very close to the single-story townhomes and provide a direct line of sight into our back yards and bedroom windows. Our rear it is no more than 5 feet high. We would have no privacy in our yards and be forced to keep our bedroom blinds closed day and night. If these apartments were single-story units, this issue wouldn't exist or would at least be tolerable. 3. Inconsistent with a vision for downtown AJ These 2-story units, placed as proposed, would stick out like an eye-sore and be inconsistent with any kind of cohesive city planning, They would also be highly visible, situated directly across Idaho from our modern city and county buildings - all single- story. 4. Multiple owners means no sing!leg re While physically similar and presenting an impression of a cohesive development, each oft proposed three apartment units would have a separate owner. This invites different criteria for occupancy and difficulty in determining responsibility for disruptive tenants with no easy recourse to owners. 5. There Most of the residents oft AJ Townhomes are on a "lease too program. In a few short years the Townhomes development will transition to an HOA community. Many of us already consider ourselves future homeowners and are concerned about the effect of out-of-place high-density rental units on our lifestyle and property values. A (R51 c cl) (7 o C: C: 4- CB CD m C. C\ *j 0 cc cc m E p co 0 0 Q) CO Z- 0 CD W -0 , i c .V2 Itf > 0 Cu 0 CL 0 > U) 70 rw 70 (D '�z U) -C -2 0) m r- C coO C-) CD 0 0 0 o 21 0U (D co zC so� r_Mv 0 0 E 0 U- Ua 0 0 0 Mv Z - 0. (D < Z QL— -V5 .2 0 0- 0 0 Lu LU CL m 0 a: cn 0 0 CL CC > W --.4, 0 L >, <:) < o 0>1 1">")= —I �— C: C: 0 U- UJ Q9 :3 = 2 cv- Cs>. U) (D I-_ Q) QJ Lil ry CU C"l 0 0 E C) 0 < 4- 0 u C: cu S5 0 C-u C: > :6 0as 0 cz:�- LLI ci ri = V) 0 ry c 0 r CC 0 0 ry > L) z Q) (D 4-1 C: Cu L- 0 a) 0- Q) 4- m < 0 (D m 0 C CL o) 0 0 !a C: m 0) Z CD = c C-U < 40- O Ca r C:0 0U v0 0r . 7 0O 5 0 0- (D 0 Q. E CL CL V) 0 C) C: 0 > 0 C-) 0 (D 0 0rt,In co C-0 V) 0 0 a) -0 a. m 0 0 0 LEM E 2 L- '0 7C) 0 0 m (n cn 0 tc) U) C-0 6 :3 C: th a) " o 0 ca Q) 4� 0 (n a) .(n r- 0 Q) CD 0 0 C, < Z 0 C/)= C-5 6—o Apache Junction City Council Case # P-21-99-PZ "94 West Roundup" We, the local residents who are immediately affected by this development, oppose it on the grounds that it is inappropriate to introduce 2-story apartment buildings in this neighborhood. 1. 2-story buildings are inconsistent with the immediate neighborhood is consists of single-story homes. 2. These 2-story apartments create loss of privacy for the adjacent neighbors. 3. This development does not enhance our vision of a downtown Apache Junction 4. The development would haves rate owners with no single responsibility for conduct or compliance. 5. Apache Junction Townhomes are on a path of Lease to Own, and as prospective homeowners we do not wish to be adjacent to high-density rental units with transient occupancy. Specifically: 1. Inconsistent with the existing neighborhood. By rights, this vacant lot should have been part of the existing Apache Junction Townhomes development. It was not available at the time and Apache Townhomes, which are all single-story units, had to be built around it. Now, years later, this proposal would put 2-story apartment buildings in the middle of the existing single-story development. This would create a stark visual contrast and attract a very different kind of occupancy. The proposed 4-plex rental units with 3-4 bedrooms each would create much greater density (perhaps over 96 people crammed into 3 lots) with related traffic and parking issues. By contrast, the adjacent AJ Townhomes on RoseuSt. consists of single-story units housing a maximum of 72 people with off-street double-garage parking, 2. Loss gLpEjyM The 2-story apartments would back very close tot single-story townhomes and provide a direct line of sight into our back yards and bedroom windows. Our rear wall is no more than 5 feet high. We would have no privacy in our yards and be forced to keep our bedroom blinds closed day and night. If these apartments were single-story units, this issue wouldn't exist or would at least be tolerable. 3. Inconsistent with a vision for downtown AJ These 2-story units, placed as proposed, of stick out like an eye-sore and be inconsistent with any kind of cohesive city planning. They would also be highly visible, situated directly across Idaho from our modern city and county buildings - all single- story. 4. M Atiple owners means no single responsibLility it physically similar and presenting an impression of a cohesive development, each oft proposed three apartment units would have a separate owner. This invites different criteria for occupancy and difficulty in determining responsibility for disruptive tenants with no easy recourse to owners. 5. There is a potential Owners vs. Renters conflict Most of the residents oft AJ Townhomes are on a "lease to own" program. In a few short years the Townhomes development will transition to an HOA community. Many of us already consider ourselves future homeowners and are concerned about the effect of out-of-place high-density rental units on our lifestyle and property values. �to oR ?eW-o qr) -7svl �sc, cn c Q ° LQ ® U c Q- ' cSi O fl3 U LQ O ® m r C >•, O cu— cm ® co cz O O N w V O CL O O O f i O ff v c O U O O 0.. G3 v ^ U U V)cu C O O - ® i E E CD Q U CD M �+ U O v O a� o >U v c .c u - o F- ° U U- ® O c cc 2 U ® O 41 -� U .� U v) LLJ a. c P CD a > cu O c: U U Q CL > O O a. vs s, 0 U- UJ � _ O Q? op i N "� uy !®- W ° U c U c o U v L 0 " U L w 4?O C`u >® O U r w O cu U ® U ++ O O U ccz Q Ca O ® j Q >% U , a i O O O � O c O O- CU L C3 ® O N O O O co — U U O cn O -O i O ® O cn U C Cl s- s. Q O r m i c3 c Qa O C -O U O CJ , O p O ® O O ®_ O to rn > 3 O 4) O c6 O °O U O M „r i. O 4? 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The development would have separate owners with no single responsibility for conduct or compliance. 5. Apache Junction Townhomes are on a path of Lease to Own, and as prospective homeowners we do not is to be adjacent to high-density rental units with transient occupancy, Specifically: 1. Inconsistent with the existing ne _ngi_ or oo . By rights, this vacant lots oul ve been part of the existing Apache Junction Townhomes development. It was not available at the time and Apache Townhomes, is are all single-story units, had to be built around it. Now, years later, this proposal would put 2-story apartment buildings in the middle of the existing single-story development. This would create a stark visual contrast and attract a very different kind of occupancy. The proposed 4-plex rental units with 3-4 bedrooms each would create much greater density (perhaps over 96 people crammed into 3 lots) with related traffic and parking issues. By contrast, the adjacent AJ Townhomes on Rose,St. consists of single-story units housing a maximum of 72 people with off-street double-garage parking. 2. Loss of privac I The 2-story apartments would back very close tothe single-story townhomes and provide a direct line of sight into our back yards and bedroom windows. Our rear wall is no more than 5 feet high. We would have no privacy in our yards and be forced to keep our bedroom blinds closed day and night. If these apartments were single-story units, this issue wouldn't exist or would at least be tolerable. 3. 1 nconsistent with a vision for downtown AJ These 2-story units, placed as proposed, would stick out like an eye-sore and be inconsistent with any kind of cohesive city planning. They would also be highly visible, situated directly across Idaho from our modern city and county buildings - all single- story. 4. Multiple owners means no single responsibility it physically similar and presenting an impression of a cohesive development, each oft proposed three apartment units would have a separate owner. This invites different criteria for occupancy and difficulty in determining responsibility for disruptive tenants with no easy recourse to owners. 5. 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