HomeMy WebLinkAbout2022-11-01 City Council Regular Minutes City of Apache Junction, Arizona Meeting location:
City Council Chambers
at City Hall
Meeting Minutes 300 E.Superstition Blvd
+�r � City Council Meeting Apache Junction,AZ
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.
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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. 22-672 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,
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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. 22-675 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.
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• 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: I - 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,
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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. 22-687 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
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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.
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13. 22-678 Presentation and discussion on the Library Board of Trustees approved
amendment to the Library Board By-Laws.
Library Director Pamela Harrison stated the Llbrary Board voted to change the by-laws from
holding a regularly scheduled meeting to as 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. 22-671 Presentation and discussion of 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.
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 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 MultipleFamily
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.
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 ("AY)
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
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.
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.
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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("HOX) being developed by the applicant
(attached), Staff has worked with the applicant to draft a detailed set of conditions to help
address Staffs concerns.
Staff is supportive of the proposed project subject to the proposed conditions of approval.
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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, -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 ("HighDensity Multiple-Family Residential").These parcels are proposed to be
rezoned to RM-21PD ("High Density Multiple-Family Residential by Planned Development").
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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. 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.
The Planning and Zoning Commission recommended approval of the planned development
rezoning of case P-22-88-PZ subject to conditions listed in their P&Z staff report.
16. 22-686 Presentation and discussion of 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.
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 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.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.
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
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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
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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 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:
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
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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.
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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.
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City Council Meeting Meeting Minutes November 1,2022
21. 22-682 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. 22-683 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 16,2022 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.
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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 !JOlf�Mb�.- 2022, BY THE MAYOR AND CITY
COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA.
SIGNED AND ATTESTED TO THIS J-5' DAY OF er, 2022.
Cvy
WALTER°C IP"WILSON
Mayor
ATTE
JE VNIFRPENCit
CITY COUNCIL MINUTES
CERTIFICATION
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
Z day of 1),Itle1Aey— , 2022. 1 further certify that the meeting was duly
called and held and that a quorum was present.
Dated this day of 1)6 Um &,r- 12022.
JENNI ER ENA
City Cle
City of Apache Junction,Arizona Page 16