Monday, August 6, :00 PM AGENDA

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1 APACHE JUNCTION CITY COUNCIL WORK SESSION CITY COUNCIL CHAMBERS 300 EAST SUPERSTITION BOULEVARD APACHE JUNCTION, ARIZONA Monday, August 6, :00 PM AGENDA 1. CALL TO ORDER. 2. ROLL CALL. 3. PRESENTATION AND DISCUSSION ON A COMMERCIAL REHABILITATION PROGRAM. While conducting the public participation process for the Fiscal Year 2012 Community Development Block Grant application, the city council and management directed staff to draft commercial rehabilitation guidelines and present them to the city council for further discussion, consideration for grant funding and possible implementation at a later date. It was determined that in order to proceed with finalizing guidelines a few fundamental questions should be asked in order to develop a comprehensive program and manage expectations for the council, business community and the community at large. 4. PRESENTATION AND DISCUSSION ON RESOLUTION NOS AND 12-29, CREATING THE APACHE TRAIL REDEVELOPMENT AREA, AND RESCINDING THE MERIDIAN REDEVELOPMENT AREA. Presentation and discussion on creating the Apache Trail Redevelopment Area (ATRA) as an outcome of one of the recommendations in the Downtown Redevelopment and Implementation Strategy. Should the ATRA be approved, the existing Meridian Redevelopment Area (MRA) will be rescinded, as all of the properties in the MRA are subsumed in the ATRA. The Planning & Zoning Commission voted 5-0 in favor of the recommendation (with Commissioner Richmond being absent and one vacant seat on the Commission). There will be a Public Hearing on this item at council's September 4, 2012 meeting. 5. PRESENTATION AND DISCUSSION ON PROPOSED RESOLUTION NO , DECLARING THAT PORTIONS OF PUBLIC ROADWAY EASEMENTS LOCATED ON THIRD AVENUE BETWEEN CONESTOGA ROAD AND CORTEZ ROAD AND CONESTOGA ROAD BETWEEN SECOND AVENUE AND FOURTH AVENUE ARE NO LONGER NECESSARY FOR PUBLIC USE. An extinguishment of roadway easements on Third Avenue between Conestoga Road and Cortez Road and Conestoga Road between Second Avenue and Fourth Avenue has been requested by the adjacent property owners, who desire the use of these areas for setbacks. Staff has reviewed the submittal and has no technical objections since the use of the federal patent easements are not feasible or needed. Resolution No extinguishes the above-noted easements for public roadway and right-of-way purposes. 6. PRESENTATION AND DISCUSSION ON PROPOSED RESOLUTION NO , DECLARING THAT A PORTION OF DEDICATED ROADWAY ON KACHINA AVENUE LOCATED EAST OF CACTUS STREET IS NO LONGER NECESSARY FOR PUBLIC USE. The Public Works staff has initiated the vacation of dedicated roadway on Kachina Avenue East of Cactus Street to alleviate issues of loitering that is affecting the abutting property owners. In addition, the right of way does not provide access to any parcels which would be landlocked in the event of the vacation. 7. PRESENTATION AND DISCUSSION ON PROPOSED RESOLUTION NO AND RESOLUTION NO , DECLARING THAT A PORTION OF PUBLIC ROADWAY EASEMENTS LOCATED ON BOWMAN ROAD BETWEEN ELEVENTH AVENUE AND TWELFTH AVENUE ARE NO LONGER NECESSARY FOR PUBLIC USE. The Public Works staff has initiated the extinguishment and vacation of dedicated roadway on Bowman Road between Eleventh Avenue and Twelfth Avenue to alleviate the multiple permanent structure encroachment issues along the Bowman Road alignment. In addition, the extinguishment portion as well as the vacation of dedicated roadway, if approved, would not leave any parcels landlocked.

2 8. PRESENTATION AND DISCUSSION ON PROPOSED CASES PZ-2-12 AND SD-1-12, REQUESTS BY VILLAGIO ESTATES LLC, REPRESENTED BY HUDD HASSELL, FOR A PLANNED DEVELOPMENT MAJOR AMENDMENT, NEW PRELIMINARY PLAT AND FINAL PLAT FOR THE RE-DESIGN OF VILLAGIO SUBDIVISION. The CR-5/PD (Multi-Family Residences by Planned Development)-zoned property, located on the south side of W. 16th Avenue at the S. Desert View Place alignment, was previously zoned and pre-platted for a 42-unit townhomes subdivision, but the property went into default and the platting process was never completed. The new owners wish to amend the development plan and re-plat the property for 37 detached single-family homes, allowed as a conditional use under the existing zoning. 9. ADJOURNMENT. Copies of this agenda and additional information regarding any of the items listed above may be obtained from the City Clerk s office: 300 East Superstition Boulevard, Apache Junction, AZ Monday through Thursdays, 7:00a 6:00p, excluding holidays. If any person with a disability needs any type of accommodation, please notify the Human Resources Office, at (480) or (480) (TDD) at least 72 hours prior to the scheduled time.

3 Print TO: City Manager's Office FROM: Heather Patel, Program Coordinator DATE: August 6, 2012 Agenda Type : Council Priority Focus Area: Work Session Agenda Community Development TITLE OF AGENDA ITEM: PRESENTATION AND DISCUSSION ON A COMMERCIAL REHABILITATION PROGRAM. ACTION REQUESTED: Presentation and Discussion DISCUSSION / BACKGROUND INFORMATION: While conducting the public participation process for the Fiscal Year 2012 Community Development Block Grant application, the city council and management directed staff to draft commercial rehabilitation guidelines and present them to the city council for further discussion, consideration for grant funding and possible implementation at a later date. It was determined that in order to proceed with finalizing guidelines a few fundamental questions should be asked in order to develop a comprehensive program and manage expectations for the council, business community and the community at large. FISCAL IMPACT: Budgetary Approval Not Required OPTIONS / ALTERNATIVES: Policy Discussion (list specific options/alternatives) RECOMMENDATION: Staff respectfully recommends that the City Council receive a presentation and hold a discussion on the merits of a Commercial Rehabilitation Program for the City of Apache Junction. ATTACHMENTS: Click to download Staff Report

4 DATE: July 26, 2012 City of Apache Junction Development Services Department MEMORANDUM TO: THROUGH: FROM: SUBJECT: The Honorable Mayor and City Council George Hoffman, City Manager Brad Steinke, Development Services Director Roger Hacker, Revenue Resources Manager Heather Patel, Program Coordinator Presentation and Discussion on a Commercial Rehabilitation Program REQUEST Staff respectfully requests that the City Council receive a presentation and hold a discussion on the merits of a Commercial Rehabilitation Program for the City of Apache Junction. BACKGROUND While conducting the public participation process for the Fiscal Year 2012 Community Development Block Grant ( CDBG ) application, Commercial Rehabilitation was among the eligible projects discussed. On October 29, 2010 during a Leadership Team meeting, the potential to create and implement a Commercial Rehabilitation Program was first discussed. Based upon the grant program requirements and the recommendations of the Downtown Redevelopment and Implementation Strategy ( DRIS ), the Leadership Team made the decision to forward a recommendation of a Commercial Rehabilitation Program, among other eligible projects on to the City Council for consideration during a public hearing. On December 6, 2011 a public hearing was held to receive input from the public and discuss potential project ideas. The City Council requested the public hearing be continued on January 3, 2012 to further discuss the proposed projects. However, a Commercial Rehabilitation Program generated interest among the Council. Councilmember Barker stated that staff should work on potential commercial rehabilitation guidelines for a grant submittal in Thus allowing ample time for the Council to review and approve guidelines as well as secure business interest.

5 On January 3, 2012, Council discussed potential projects for CDBG funding and both the City Council and Management directed staff to draft commercial rehabilitation guidelines and present them to the City Council for further discussion, consideration for grant funding and possible implementation at a later date. DISCUSSION Staff diligently worked on collecting sample guidelines from other successful Commercial Rehabilitation programs throughout Arizona and proceeded to outline guidelines. It was determined that in order to proceed with finalizing guidelines a few fundamental questions should be asked in order to develop a comprehensive program and manage expectations for the Council, business community and the community at large. The following core questions will be presented, discussed and analyzed during the August 6, 2012 Work Session and then draft guidelines will be presented to the City Council for consideration at a future Work Session and Council Meeting. 1) Why does the City of Apache Junction want to create and implement a Commercial Rehabilitation Program? 2) What does the City want to accomplish? 3) How will these goals be accomplished? Why does the City want a Commercial Rehabilitation Program? DRIS 4.2(d) Secure federal, state, or county monies for an ongoing façade matching grant program; Council s informal direction to staff during CDBG public hearings (December 6, 2011 and January 3, 2012); Eliminate safety and code violations; Redevelop the downtown; Reduce blight; Encourage revitalization; Adhere to and uphold design guidelines; and Economic growth and prosperity. What do we want to accomplish? ALL IN APPROACH - Do we want to assist non-conforming properties in becoming compliant, when possible? Non-conforming could mean zoning, set backs, parking, building safety etc.; RESTRICTED APPROACH - Do we only want to help compliant structures thereby not extending the life of non-compliant structures; or LIPSTICK APPROACH - Can we help non-compliant structures with non-structural or life extending assistance e.g. signage? 2

6 How will we accomplish these goals? Looking back at our intent - What are we trying to accomplish and who are we trying to assist? Are these mutually exclusive? Do we ultimately want a better looking downtown and buildings; or Sustainable businesses that provide economic growth to the community. Who is the beneficiary of the program? Property owner Business owner (renter) Owner-operator By asking the fundamental questions above, the City will then be able to determine what type of financial assistance that will be offered. Do we want to offer a grant or loan? A loan would require a lien on the property, will a property owner accept all of the liability if the project only benefits the business owner. If loan, will it be forgiven or repayable? All funds repaid will be directed back to the state Forgivable mimics a grant RECOMMENDATION Staff respectfully recommends that the City Council receive a presentation and hold a discussion on the merits of a Commercial Rehabilitation Program for the City of Apache Junction. ACTION REQUIRED Direction to staff on how to proceed with the creation of rehabilitation guidelines based upon the responses and outcomes of the discussion. 3

7 Print TO: City Manager's Office FROM: Janine Solley, Business Advocate DATE: August 6, 2012 Agenda Type : Council Priority Focus Area: Work Session Agenda Community Development TITLE OF AGENDA ITEM: PRESENTATION AND DISCUSSION ON RESOLUTION NOS AND 12-29, CREATING THE APACHE TRAIL REDEVELOPMENT AREA, AND RESCINDING THE MERIDIAN REDEVELOPMENT AREA. ACTION REQUESTED: Presentation and Discussion DISCUSSION / BACKGROUND INFORMATION: Presentation and discussion on creating the Apache Trail Redevelopment Area (ATRA) as an outcome of one of the recommendations in the Downtown Redevelopment and Implementation Strategy. Should the ATRA be approved, the existing Meridian Redevelopment Area (MRA) will be rescinded, as all of the properties in the MRA are subsumed in the ATRA. The Planning & Zoning Commission voted 5-0 in favor of the recommendation (with Commissioner Richmond being absent and one vacant seat on the Commission). There will be a Public Hearing on this item at council's September 4, 2012 meeting. FISCAL IMPACT: Budgetary Approval Not Required OPTIONS / ALTERNATIVES: RECOMMENDATION: ATTACHMENTS: Click to download Staff Memo Existing Redevelopment Area Maps Proposed Redevelopment Area Maps Resolution No Resolution No

8 DATE: July 25, 2012 MEMORANDUM TO: MEMORANDUM THROUGH: MEMORANDUM FROM: SUBJECT: The Honorable Mayor and City Councilmembers George Hoffman, City Manager Bryant Powell, Assistant City Manager Janine Solley, Business Advocate Heather Patel, Program Coordinator Apache Trail Redevelopment Area The idea of the Apache Trail Redevelopment Area stemmed from a recommendation in the City adopted Downtown Redevelopment and Implementation Strategy (DRIS). The DRIS seeks to create a vibrant downtown that reflects the heritage of the community and has a host of goals, strategies and tasks to help the community reach that vision. The consultant realized there was a gap in the existing two redevelopment areas along the City s main commercial corridor. They recommended modifying the boundaries of the Meridian Redevelopment Area in order to close that gap. As staff considered possible modifications to close the gap, they noted there were some adjacent downtown neighborhoods that could benefit from redevelopment as well. An assessment was completed to determine what areas had the greatest needs based on building condition (commercial and residential) and infrastructure deficiencies. The neighborhoods included in the proposed boundaries were identified to have a higher concentrated need for residential and infrastructure improvements which will benefit from the redevelopment declaration and could be afforded financing opportunities.

9 Staff has taken the item to the Planning & Zoning Commission at their July 10, 2012 Work Session. A Public Hearing on the Item was also held at the Planning & Zoning regular meeting of July 24, After review and analysis, staff recommended: A new redevelopment area be created Apache Trail Redevelopment Area (ATRA) and that the work plan for the ATRA, as required by the Arizona Revised Statues for a redevelopment area, be the Downtown Redevelopment and Implementation Strategy (Proposed Resolution No ) The MRA be rescinded as the ATRA subsumes all of the properties within the MRA (Proposed Resolution No ). The Planning & Zoning Commission voted 5 0 in favor of staff s recommendation (with Commissioner Richmond being absent, and one vacant seat on the Commission). This item is scheduled for a Public Hearing at City Council s September 4, 2012 regular meeting.

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12 RESOLUTION NO A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, SETTING FORTH FINDINGS IN SUPPORT OF THE EXISTENCE OF ADDITIONAL AREAS WITHIN THE CORPORATE LIMITS OF THE CITY OF APACHE JUNCTION THAT QUALIFY FOR REDEVELOPMENT PURSUANT TO ARIZONA REVISED STATUTES, ANNOTATED , ET SEQ. WHEREAS, Arizona Revised Statutes Annotated ( A.R.S. ) , et seq., provides for redevelopment of certain areas within municipalities to facilitate and assist in redevelopment of commercial areas; and WHEREAS, certain findings are required to be made by the local governing body of a municipality prior to the exercise of the power granted by A.R.S ; and WHEREAS, the majority of the residential and nonresidential structures within the boundaries of the area described in Exhibit A and depicted on the map in Exhibit B, is incorporated as part of this resolution, and meets the criteria for slum or blighted area as defined in A.R.S (2) and (18); and WHEREAS, diversity of ownership within the described area forestalls the assemblage of lots into parcels suitable for redevelopment; and WHEREAS, the platting of said lots within the described mapped area is minimal; and WHEREAS, the combination of the above-mentioned factors causes the following effect: 1. Substantially impairs the economic growth of a central business area of the City of Apache Junction by negatively impacting the orderly expansion of the area and limits job opportunities in the area; and 2. Discourages development of housing facilities by preventing the redevelopment of a beneficial and usable combination of new units; and RESOLUTION NO PAGE 1 OF 3

13 3. Constitutes an economic and social liability which stifles redevelopment. WHEREAS, on July 7, 1998 the City of Apache Junction Arizona established the Crossroads Redevelopment Area ( CRA ) by adopting Resolution No , and on May 6, 2008 reaffirmed the 1998 declaration; and WHEREAS, on the same date, the City of Apache Junction adopted the CRA plan pursuant to Resolution No ; and WHEREAS, on May 16, 2000 the City of Apache Junction Arizona established the Meridian Redevelopment Area ( MRA ) by adopting Resolution No ; and WHEREAS, on September 4, 2012 the City of Apache Junction Arizona rescinded Resolution No , the Meridian Redevelopment Area; and WHEREAS, the City Council held a work session on the proposed Apache Trail Redevelopment Area ( ATRA ) on August 6, WHEREAS, the owners of all real property within the proposed boundaries of the ATRA have been notified by 1 st Class U.S. mail of the findings and redesignation. 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 find that slum and blighted redevelopment areas, as defined by Arizona Revised Statutes (2) and (18), hereby exist within the corporate limits of the City of Apache Junction, such conditions that are injurious to the public health, safety, morals or welfare of the residents of the City of Apache Junction. Such area is described in Exhibit A and graphically depicted in Exhibit B, both of which are attached hereto and incorporated by reference. Said area shall be referred to as the Apache Trail Redevelopment Area. 2) The redevelopment of the Apache Trail Redevelopment Area is necessary in the interest of the public health, safety, RESOLUTION NO PAGE 2 OF 3

14 morals or welfare of the residents of the City of Apache Junction. 3) The Downtown Redevelopment and Implementation Strategy adopted by the City Council with Resolution No on September 21, 2010, on file with the City Clerk s Office, will serve as the redevelopment plan for the Apache Trail Redevelopment Area. 4) The Apache Trail Redevelopment Area is hereby declared to be in need of redevelopment pursuant to A.R.S., , et seq. 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. ATTEST: JOHN S. INSALACO Mayor KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM: RICHARD J. STERN City Attorney RESOLUTION NO PAGE 3 OF 3

15 RESOLUTION NO PAGE 1 OF 2 RESOLUTION NO A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, RESCINDING RESOLUTION NO , THE MERIDIAN REDEVELOPMENT AREA, PASSED BY THE CITY COUNCIL ON MAY 16, 2000, AND RESCINDING RESOLUTION NO , THE REDEVELOPMENT IMPROVEMENT PLAN FOR THE MERIDIAN REDEVELOPMENT AREA, PASSED BY THE CITY COUNCIL ON SEPTEMBER 5, WHEREAS, Title 36, Chapter 12, Article 3 of the Arizona Revised Statutes Annotated ( A.R.S. ) provide for the redevelopment of certain areas within municipalities; and WHEREAS, A.R.S. Title 36, Chapter 12, Article 3 was amended by Legislative Action in 1997; and WHEREAS, the 1997 amendments to A.R.S. Title 36, Chapter 12, Article 3 provide for greater flexibility for municipalities in the administration of redevelopment areas; and WHEREAS, the 1997 amendments to A.R.S. Title 36, Chapter 12, Article 3 benefit the City of Apache Junction in the administration of redevelopment areas; and WHEREAS, the City of Apache Junction City Council adopted Resolution No on May 16, 2000 which created the Meridian Redevelopment Area ( MRA ); and WHEREAS, the City of Apache Junction City Council adopted Resolution No on September 5, 2000 which adopted the Redevelopment Improvement Plan for the MRA ; and WHEREAS, the City Council held a work session on the proposed rescinding of Resolution No and Resolution No on August 6, 2012; and WHEREAS, rescinding the Meridian Redevelopment Area and the Meridian Redevelopment Area Work Plan will allow a new Redevelopment Area to be established which better reflects the boundaries in which current conditions of slum and blight exist. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION ARIZONA, AS FOLLOWS:

16 1) The Mayor and City Council rescind Resolution No and Resolution No , and that they be replaced with Resolution No , the Apache Trail Redevelopment Area with the Downtown Redevelopment and Implementation Strategy as the redevelopment plan, as originally adopted under Resolution No on September 16, 2010, a full copy which is attached hereto. 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. ATTEST: JOHN S. INSALACO Mayor KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM: RICHARD J. STERN City Attorney RESOLUTION NO PAGE 2 OF 2

17 Print TO: FROM: City Manager's Office DATE: August 6, 2012 Emile Schmid, Senior Project Engineer, on behalf of Giao Pham, Interim Public Works Director Agenda Type : Council Priority Focus Area: Work Session Agenda Community Development TITLE OF AGENDA ITEM: PRESENTATION AND DISCUSSION ON PROPOSED RESOLUTION NO , DECLARING THAT PORTIONS OF PUBLIC ROADWAY EASEMENTS LOCATED ON THIRD AVENUE BETWEEN CONESTOGA ROAD AND CORTEZ ROAD AND CONESTOGA ROAD BETWEEN SECOND AVENUE AND FOURTH AVENUE ARE NO LONGER NECESSARY FOR PUBLIC USE. ACTION REQUESTED: Presentation and Discussion DISCUSSION / BACKGROUND INFORMATION: An extinguishment of roadway easements on Third Avenue between Conestoga Road and Cortez Road and Conestoga Road between Second Avenue and Fourth Avenue has been requested by the adjacent property owners, who desire the use of these areas for setbacks. Staff has reviewed the submittal and has no technical objections since the use of the federal patent easements are not feasible or needed. Resolution No extinguishes the above-noted easements for public roadway and right-of-way purposes. FISCAL IMPACT: Budgetary Approval Not Required OPTIONS / ALTERNATIVES: RECOMMENDATION: Presentation and discussion. ATTACHMENTS: Click to download Memo to Council Resolution No

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19 RESOLUTION NO A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, DECLARING THAT PORTIONS OF PUBLIC ROADWAY EASEMENTS LOCATED ON THIRD AVENUE FROM CONESTOGA ROAD TO CORTEZ ROAD AND CONESTOGA ROAD FROM SECOND AVENUE TO FOURTH AVENUE, AND DESCRIBED IN EXTINGUISHMENT CASE EX , ARE NO LONGER NECESSARY FOR PUBLIC USE AS PUBLIC ROADWAY EASEMENTS AND ARE HEREBY EXTINGUISHED AS PRESENT AND FUTURE PUBLIC RIGHT-OF-WAY. WHEREAS, the City of Apache Junction, upon incorporation, became the holder of roadway easements as described in Docket 169 Page 566, originally conveyed February 1957, Federal Patent Number , originally conveyed June 1938, Federal Patent Number , originally conveyed December 1957, and Federal Patent Number 82321, originally conveyed May 1958, for public roadway purposes over certain parcels of real property and more particularly described in Exhibit A and depicted in Exhibit B; and WHEREAS, such easements may be extinguished by local municipal government pursuant to A.R.S and ; and WHEREAS, the City of Apache Junction Street Circulation and Access Study recommends extinguishment of said public roadway easements; and WHEREAS, on February 21, 2012 the Applicant paid the required non-refundable application and filing fee for the extinguishment request pursuant to Apache Junction City Code (H); and WHEREAS, pursuant to Apache Junction City Code , the Director of Public Works on April 5, 2012, submitted copies of the application for comment to the Development Services Director, the Public Safety Director, the Apache Junction Fire District, as well as affected public utility providers; and WHEREAS, no opposition statements were received from Salt River Project, Arizona Water Company, Mediacom, Superstition Mountains Community Facilities District No. 1, Centurylink, Southwest Gas, the Development Services Director, the Public Safety Director, and the Apache Junction Fire District; and Resolution No Page 1 of 2

20 WHEREAS, the extinguishment request, if approved, would not leave a parcel in separate ownership without access to an established public roadway or easement connecting such lands with another public roadway or easement; and WHEREAS, the City Engineer has determined that the easements in question, because of their location, topography, and encroachments, have no or de minimis public value. 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 of the City of Apache Junction find that the roadway easements described in Exhibit A, and depicted in Exhibit B, are classified as local streets on the Street Classification Plan and are no longer necessary for roadway purposes, have no or de minimis public value, and are hereby extinguished for public roadway right-of-way purposes. 2. Nothing in this approval extinguishes any utility easement interest of any public utility agency or entity on the subject street right-of-way. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS DAY OF, SIGNED AND ATTESTED TO THIS DAY OF, ATTEST: JOHN S. INSALACO Mayor KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM: RICHARD J. STERN City Attorney Resolution No Page 2 of 2

21 EXHIBIT A PARCEL 1 (Adjacent to parcel B & parcel ) The East thirty- West half of the Southeast quarter of the Northeast quarter of the Southwest quarter of Section 22, Township 1 North, Range 8 East of the Gila and Salt River Base and Meridian, Pinal County, Arizona; EXCEPT the North thirty- and the South thirty- THEREOF; PARCEL 2 (Adjacent to parcel A, parcel A & parcel B) The West thirty- East half of the Southeast quarter of the Northeast quarter of the Southwest quarter of Section 22, Township 1 North, Range 8 East of the Gila and Salt River Base and Meridian, Pinal County, Arizona; EXCEPT the North thirty- and the South thirty- THEREOF; PARCEL 3 (Adjacent to parcel A, parcel B) The South thirty- of the North half of the East half of the Southeast quarter of the Northeast quarter of the Southwest quarter of Section 22, Township 1 North, Range 8 East of the Gila and Salt River Base and Meridian, Pinal County, Arizona; EXCEPT the East thirty- THEREOF; PARCEL 4 (Adjacent to parcel A) The North thirty- of the South half of the East half of the Southeast quarter of the Northeast quarter of the Southwest quarter of Section 22, Township 1 North, Range 8 East of the Gila and Salt River Base and Meridian, Pinal County, Arizona; EXCEPT the East thirty- THEREOF; Resolution No

22 EXHIBIT "B" SECOND AVENUE 33' BOWMAN ROAD 017A 017B THIRD 33' ' 33' CONESTOGA ROAD 016A 016B 33' 66' 33' AVENUE 33' 031A 031B 33' CORTEZ ROAD FOURTH AVENUE 26B SURROUNDING PARCELS ROAD CENTERLINE EX RCS PROPOSED EXTINGUISHMENT N.T.S

23 Print TO: FROM: City Manager's Office DATE: August 6, 2012 Emile Schmid, Senior Project Engineer, on behalf of Giao Pham, Interim Public Works Director Agenda Type : Council Priority Focus Area: Work Session Agenda Community Development TITLE OF AGENDA ITEM: PRESENTATION AND DISCUSSION ON PROPOSED RESOLUTION NO , DECLARING THAT A PORTION OF DEDICATED ROADWAY ON KACHINA AVENUE LOCATED EAST OF CACTUS STREET IS NO LONGER NECESSARY FOR PUBLIC USE. ACTION REQUESTED: Presentation and Discussion DISCUSSION / BACKGROUND INFORMATION: The Public Works staff has initiated the vacation of dedicated roadway on Kachina Avenue East of Cactus Street to alleviate issues of loitering that is affecting the abutting property owners. In addition, the right of way does not provide access to any parcels which would be landlocked in the event of the vacation. FISCAL IMPACT: Budgetary Approval Not Required OPTIONS / ALTERNATIVES: RECOMMENDATION: Presentation and discussion. ATTACHMENTS: Click to download Memo to Council Resolution No

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25 RESOLUTION NO Page 1 of 3 RESOLUTION NO A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, DECLARING THAT CERTAIN DEDICATED PUBLIC RIGHT-OF-WAY, BEING A PORTION OF KACHINA AVENUE EAST OF CACTUS STREET INSIDE THE PALM SPRINGS UNIT 2 SUBIDIVISION AND DESCRIBED IN VACATION CASE NO , ARE NO LONGER NECESSARY FOR PUBLIC USE AS A ROADWAY AND ARE HEREBY VACATED AS PRESENT AND FUTURE PUBLIC RIGHT-OF-WAY. WHEREAS, the City of Apache Junction became the fee simple owner of the right-of-way by Final Plat of Palm Springs Unit 2 subdivision on October 1956, as recorded at the office of the Pinal County Recorder in Docket , and more particularly described in Exhibit A and depicted in Exhibit B; and WHEREAS, the parcel owners of APN and APN desire to vacate the portion between both parcels dedicated thirty-three foot right-of-way along Kachina Avenue from Cactus Street to approximately one hundred eighty feet east to the east boundary of the Palm Springs Unit 2 Subdivision; and WHEREAS, pursuant to ARS and Apache Junction City Code , the City may sell and convey the land within a roadway by quitclaim deed after a sixty (60) day notice of sale; and WHEREAS, pursuant to ARS and , as well as Apache Junction City Code , abutting property owners have preference rights for purchasing adjacent vacated right-ofway; and WHEREAS, pursuant to ARS , vesting of title is subject to the giving of consideration to the governing body from the owner of the abutting property owner in an amount deemed by the governing body to be commensurate with the value of the vacated roadway; and WHEREAS, pursuant to ARS , the City Engineer estimates market value of the dedicated portion of Kachina Avenue to be $920, taking into consideration the degree of fragmentation, drainage mitigation, encroachments and obstructions, and other public benefits; and WHEREAS, two purchase offers were submitted to the office of the City Clerk within the sixty day sale notification period,

26 both by the abutting property owners in the amounts of $465, which exceeds half of the market valuation of the City Engineer; and WHEREAS, the City Engineer recommends acceptance of the two purchase offers in the amount of $465 for a total of $930 from the abutting property owners; and WHEREAS, the vacation, if approved, would not leave a parcel in separate ownership without access to an established public roadway or easement connecting such lands with another public roadway or easement; and WHEREAS, pursuant to Apache Junction City Code , the Director of Public Works on February 13, 2012, submitted copies of the application for comment to the Development Services Director, the Public Safety Director, the Apache Junction Fire District, as well as affected public utility providers; and WHEREAS, no opposition statements were received from Southwest Gas, the Public Safety Director and Development Services; and no response was received from Salt River Project, Arizona Water Company, Mediacom, Superstition Mountain Community Facilities District, the Apache Junction Fire District, and Century Link. 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 of the City of Apache Junction find that the dedicated Kachina Avenue roadway described in Exhibits A, and depicted in Exhibits B for each of the abutting parcels, is classified as a local street on the Street Classification Plan and is no longer necessary for roadway purposes and is hereby abandoned and vacated for public roadway purposes. 2. The title to the vacated roadway shall vest in the abutting property owner upon receipt of payment in the amount described above, and staff is authorized to execute any and all documents necessary to complete the transfer of ownership of the roadway. 3. Nothing in this approval extinguishes any utility easement interest of any public utility agency or entity on the subject street right-of-way. RESOLUTION NO Page 2 of 3

27 PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS DAY OF, SIGNED AND ATTESTED TO THE DAY OF, JOHN S. INSALACO Mayor ATTEST: KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM: RICHARD J. STERN City Attorney RESOLUTION NO Page 3 of 3

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32 Print TO: FROM: City Manager's Office DATE: August 6, 2012 Emile Schmid, Senior Project Engineer, on behalf of Giao Pham, Interim Public Works Director Agenda Type : Council Priority Focus Area: Work Session Agenda Community Development TITLE OF AGENDA ITEM: PRESENTATION AND DISCUSSION ON PROPOSED RESOLUTION NO AND RESOLUTION NO , DECLARING THAT A PORTION OF PUBLIC ROADWAY EASEMENTS LOCATED ON BOWMAN ROAD BETWEEN ELEVENTH AVENUE AND TWELFTH AVENUE ARE NO LONGER NECESSARY FOR PUBLIC USE. ACTION REQUESTED: Presentation and Discussion DISCUSSION / BACKGROUND INFORMATION: The Public Works staff has initiated the extinguishment and vacation of dedicated roadway on Bowman Road between Eleventh Avenue and Twelfth Avenue to alleviate the multiple permanent structure encroachment issues along the Bowman Road alignment. In addition, the extinguishment portion as well as the vacation of dedicated roadway, if approved, would not leave any parcels landlocked. FISCAL IMPACT: Budgetary Approval Not Required OPTIONS / ALTERNATIVES: RECOMMENDATION: Presentation and discussion. ATTACHMENTS: Click to download Memo to Council Memo to Council Resolution No Resolution No

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35 Resolution No Page 1 of 3 RESOLUTION NO A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, DECLARING THAT PORTIONS OF PUBLIC ROADWAY EASEMENTS LOCATED ON BOWMAN ROAD BETWEEN TWELFTH AVENUE AND ELEVENTH AVENUE, AND DESCRIBED IN EXTINGUISHMENT CASE EX-12-14, ARE NO LONGER NECESSARY FOR PUBLIC USE AS PUBLIC ROADWAY EASEMENTS AND ARE HEREBY EXTINGUISHED AS PRESENT AND FUTURE PUBLIC RIGHT-OF-WAY. WHEREAS, the City of Apache Junction, upon incorporation, became the holder of roadway easements as described in Docket 161 Page 408, originally conveyed September 1956, and Docket , originally conveyed November 1997, for public roadway purposes over certain parcels of real property and more particularly described in Exhibit A and depicted in Exhibit B; and WHEREAS, the parcel owner of APN G desires to extinguish the easterly thirty-three foot federal patent easement and vacate the westerly thirty-three foot right-of-way of the south half and extinguish the westerly thirty-three foot federal patent easement of the north half along Bowman Road from Twelfth Avenue to Eleventh Avenue; and WHEREAS, such easements may be extinguished by local municipal government pursuant to A.R.S and ; and WHEREAS, pursuant to Apache Junction City Code (A), the Director of Public Works recommends the extinguishment of said public roadway easements; and WHEREAS, the City of Apache Junction Street Circulation and Access Study recommends extinguishment of said public roadway easements; and WHEREAS, pursuant to Apache Junction City Code , the Director of Public Works on April 5, 2012, submitted copies of the application for comment to the Development Services Director, the Public Safety Director, the Apache Junction Fire District, as well as affected public utility providers; and WHEREAS, no opposition statements were received from Southwest Gas, the Public Safety Director and Development Services; and no response was received from Salt River Project,

36 Arizona Water Company, Mediacom, Superstition Mountain Community Facilities District, the Apache Junction Fire District, and Century Link. WHEREAS, the extinguishment request, if approved, would not leave a parcel in separate ownership without access to an established public roadway or easement connecting such lands with another public roadway or easement; and WHEREAS, the City Engineer has determined that the easements in question, because of their location, topography, and encroachments, have no or de minimis public value. 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 of the City of Apache Junction find that the Bowman Road roadway easements described in Exhibit A, and depicted in Exhibit B, are classified as local streets on the Street Classification Plan and are no longer necessary for roadway purposes, have no or de minimis public value, and are hereby extinguished for public roadway right-of-way purposes. 2. Nothing in this approval extinguishes any utility easement interest of any public utility agency or entity on the subject street right-of-way. Resolution No Page 2 of 3

37 PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS DAY OF, SIGNED AND ATTESTED TO THIS DAY OF, ATTEST: JOHN S. INSALACO Mayor KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM: RICHARD J. STERN City Attorney Resolution No Page 3 of 3

38 EXHIBIT A PARCEL 1 (Adjacent to parcel A & parcel E) The East thirty- South half of the East half of the South half of the Southwest quarter of the Northeast quarter of the Northwest quarter of Section 27, Township 1 North, Range 8 East of the Gila and Salt River Base and Meridian, Pinal County, Arizona; EXCEPT the North thirty- ; PARCEL 2 (Adjacent to parcel D) The West thirty- half of the South half of the Southwest quarter of the Northeast quarter of the Northwest quarter of Section 27, Township 1 North, Range 8 East of the Gila and Salt River Base and Meridian, Pinal County, Arizona; EXCEPT the North thirty-three feet (33 and the South thirty- THEREOF.

39 EXHIBIT "B" TENTH AVENUE WICKIUP ROAD 012C 013 ELEVENTH 014B 014G 66' BOWMAN ROAD 33' 33' AVENUE 016D CONESTOGA ROAD 33' TWELTH AVENUE 26B SURROUNDING PARCELS ROAD CENTERLINE EX RCS PROPOSED EXTINGUISHMENT N.T.S

40 RESOLUTION NO Page 1 of 3 RESOLUTION NO A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, DECLARING THAT CERTAIN DEDICATED PUBLIC RIGHT-OF-WAY, BEING A PORTION OF BOWMAN ROAD BETWEEN TWELFTH AVENUE AND ELEVENTH AVENUE AND DESCRIBED IN VACATION CASE NO , ARE NO LONGER NECESSARY FOR PUBLIC USE AS A ROADWAY AND ARE HEREBY VACATED AS PRESENT AND FUTURE PUBLIC RIGHT-OF-WAY. WHEREAS, the City of Apache Junction became the fee simple owner of the right-of-way Warranty Deed on November 12, 1997, as recorded at the office of the Pinal County Recorder in Docket , and more particularly described in Exhibit A and depicted in Exhibit B; and WHEREAS, the parcel owner of APN G desires to extinguish the easterly thirty-three foot Federal patent easement and vacate the westerly thirty-three foot right-of-way of the south half and extinguish the westerly thirty-three foot federal patent easement of the north half along Bowman Road from Twelfth Avenue to Eleventh Avenue; and WHEREAS, pursuant to ARS and Apache Junction City Code , the City may sell and convey the land within a roadway by quitclaim deed after a sixty (60) day notice of sale; and WHEREAS, pursuant to ARS and , as well as Apache Junction City Code , abutting property owners have preference rights for purchasing adjacent vacated right-ofway; and WHEREAS, pursuant to ARS , vesting of title is subject to the giving of consideration to the governing body from the owner of the abutting property owner in an amount deemed by the governing body to be commensurate with the value of the vacated roadway; and WHEREAS, pursuant to ARS , the City Engineer estimates market value of the dedicated portion of Bowman Road to be $445, taking into consideration the degree of fragmentation, drainage mitigation, encroachments and obstructions, and other public benefits; and WHEREAS, one purchase offer was submitted to the office of the City Clerk within the sixty day sale notification period, by

41 the abutting property owner in the amounts of $475, which exceeds the market valuation of the City Engineer; and WHEREAS, the City Engineer recommends acceptance of the purchase offer in the amount of $475 from the abutting property owner; and WHEREAS, the vacation, if approved, would not leave a parcel in separate ownership without access to an established public roadway or easement connecting such lands with another public roadway or easement; and WHEREAS, pursuant to Apache Junction City Code , the Director of Public Works on April 5, 2012, submitted copies of the application for comment to the Development Services Director, the Public Safety Director, the Apache Junction Fire District, as well as affected public utility providers; and WHEREAS, no opposition statements were received from Southwest Gas, the Public Safety Director and Development Services; and no response was received from Salt River Project, Arizona Water Company, Mediacom, Superstition Mountain Community Facilities District, the Apache Junction Fire District, and Century Link. 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 of the City of Apache Junction find that the dedicated Bowman Road roadway described in Exhibit A, and depicted in Exhibit B, is classified as a local street on the Street Classification Plan and is no longer necessary for roadway purposes and is hereby abandoned and vacated for public roadway purposes. 2. The title to the vacated roadway shall vest in the abutting property owner upon receipt of payment in the amount described above, and staff is authorized to execute any and all documents necessary to complete the transfer of ownership of the roadway. 3. Nothing in this approval extinguishes any utility easement interest of any public utility agency or entity on the subject street right-of-way. RESOLUTION NO Page 2 of 3

42 PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS DAY OF, SIGNED AND ATTESTED TO THE DAY OF, JOHN S. INSALACO Mayor ATTEST: KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM: RICHARD J. STERN City Attorney RESOLUTION NO Page 3 of 3

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45 Print TO: City Manager's Office FROM: Rudy Esquivias, Senior Planner/Zoning Administrator DATE: August 6, 2012 Agenda Type : Council Priority Focus Area: Work Session Agenda Additional Item Outside Scope of Identified Council Priorities TITLE OF AGENDA ITEM: PRESENTATION AND DISCUSSION ON PROPOSED CASES PZ-2-12 AND SD-1-12, REQUESTS BY VILLAGIO ESTATES LLC, REPRESENTED BY HUDD HASSELL, FOR A PLANNED DEVELOPMENT MAJOR AMENDMENT, NEW PRELIMINARY PLAT AND FINAL PLAT FOR THE RE-DESIGN OF VILLAGIO SUBDIVISION. ACTION REQUESTED: Presentation and Discussion DISCUSSION / BACKGROUND INFORMATION: The CR-5/PD (Multi-Family Residences by Planned Development)-zoned property, located on the south side of W. 16th Avenue at the S. Desert View Place alignment, was previously zoned and pre-platted for a 42-unit townhomes subdivision, but the property went into default and the platting process was never completed. The new owners wish to amend the development plan and re-plat the property for 37 detached single-family homes, allowed as a conditional use under the existing zoning. FISCAL IMPACT: Budgetary Approval Not Required OPTIONS / ALTERNATIVES: Zoning Ordinance Requirement RECOMMENDATION: On July 24, 2012, the Planning and Zoning Commission recommended approval of both the PD amendment and pre-plat requests by a vote of 4 to 1, subject to all of staff's recommended conditions of approval. Tonight's discussion also introduces the final plat map request. ATTACHMENTS: Click to download Council WS Cover Memo PZ Public Hrg Rep w Attachments

46 City of Apache Junction Development Services Department Date: July 25, 2012 To: Through: From: Subject: Honorable Mayor and City Council Members George Hoffman, City Manager Brad Steinke, Development Services Director and Rudy Esquivias, Senior Planner/Zoning Admin. PZ-2-12/SD-1-12: Villagio Subdivision Background Villagio Estates LLC, represented by Hudd Hassell, has applied for a Planned Development (PD) major amendment, preliminary and final subdivision plat approval to redesign and plat the Villagio property from the previously approved plan for 42 townhome units into 37 singlefamily homes. The +/-4-gross-acres property is located on the south side of W. 16 th Avenue at the S. Desert View Place alignment. The current underlying zoning on the property, CR-5/PD (Multi-family Residences by Planned Development), is not being changed; and the CR-5 base zone does allow single-family homes as a conditional use. Because the CR-5/PD zoning is preexisting, there are no minor or major General Plan amendment issues involved. Planning and Zoning Commission Recommendation On July 24 th, the Planning and Zoning Commission held a public hearing regarding the development plan and preliminary plat (P&Z staff report and exhibits attached). After much discussion, the Commission voted to recommend approval of both the PD amendment, with all recommended conditions, and the preliminary plat, with all recommended conditions plus one, by a vote of 4 to 1. The dissenting vote was cast because of concerns that the lots and setbacks are too small (too much in too small a space); that the homes are too close together; that resident and guest parking will become an issue; safety concerns, etc. The Commissioner did not feel that this was a quality project. Staff and the developer commented that no negative reviews or concerns had been expressed by the reviewing agencies, including the Fire District, especially with regard to health and safety. One neighbor spoke at the public hearing and his concern had mainly to do with the possibility of kids jumping the wall at the play area in the southeast corner area of the subdivision. As part of their recommendation of approval, the Commission added a condition that the developer raise the height of the east side wall at the play area by one course to try and mitigate the

47 S feet high. Council Meeting At their work session on August 6 th, staff will present to Council the PD amendment and preplat proposals, and also the 1 st submittal of the final plat drawing (received July 25). Staff has been working with the developer and his team on fast-tracking this project and we hope to bring back all three items for final Council public hearing and decision very shortly. Attachments: PZ Staff Report from July 24, 2012, with application, vicinity map, and aerial map; PD plans, pre-plat submittal and final plat map (these last three large format attachments NOT included as electronic attachments).

48 City of Apache Junction Development Services Department PLANNING AND ZONING COMMISSION PUBLIC HEARING STAFF REPORT DATE: July 24, 2012 CASE NUMBER: APPLICANT/OWNER: REPRESENTATIVE: REQUEST: LOCATION: PZ-2-12/SD-1-12 Villagio Estates, LLC Hudd Hassell An application requesting a Planned Development (PD) Major Amendment and new preliminary plat for the proposed Villagio development. The new PD plan proposes to redesign and plat the property from the previously approved plan for 42 townhome units, into 37 single-family units, allowed as a conditional use under the CR-5 base zone. On the south side of W. 16 th Avenue, west of Delaware, at the S. Desert View Place alignment. GENERAL PLAN/ ZONING DESIGNATION: Medium Density Residential at 1 to 6 dwelling units per acre. The property is currently zoned CR-5/PD (Multi-family Residences/Townhomes by Planned Development). SURROUNDING USES: North: Superstition View MH Subdivision (zoned TH-Trailer Homesites) South: Single-family residence (zoned TH) and Meridian Manor Subdivision (zoned TH/PD) East: Manufactured home lots (zoned TH) West: Superstition Meadows MH Subdivision (zoned TH)

49 PZ-2-12/SD (Villagio Estates LLC/Hassell) PAGE 2 OF 11 BACKGROUND The original 5 gross acres property was part of the city s original incorporated area and was zoned Pinal County s TH (Trailer Homesites) zone at the time of incorporation. In 1990, the site was the subject of a proposed rezoning from TH to CR- 3MH (case PZ-6-90) by applicants Lawien and Pucket, who wanted to establish zoning for the purpose of platting an 18-lot manufactured home subdivision similar to the one next door (Superstition Meadows). The rezoning required a minimum 6-1 vote of the Council because of numerous protest petitions received from the neighborhood. A vote of 3-3 ultimately failed the rezoning. Mr. Lawien later built the house that exists now in the southwest corner area of the property. Years later, he split off said southwest corner area for the purpose of selling that piece of the property. This action created an illegal landlocked parcel ( B). In 2005, when the new owner of parcel 002B made application for a permit, the permit was denied because of the parcel s illegal status. Mr. Lawien (who still owned parcel A) was required at that time to apply for the creation of a private access way. On March 1, 2005, the Council approved Resolution No , approving the private access way down the center of parcel 002A finally giving parcel 002B legal and perpetual access to 16 th Avenue. About one year later, the new owners of parcel 002A, Cliff Axt and Terry Galloway, applied to rezone said parcel from TH to CR- 4/PD for a proposed 21-lot courtyard homes subdivision, cases PZ-3-06/SD Pursuant to Ordinance No and Resolution No , the rezoning and preliminary plat requests for Villagio at Apache Junction were approved. In May of 2007, Mr. Axt requested from Council, and was granted, a one year time extension for the filing of the final plat. Ultimately, the owners opted to sell the property to another ownership group, 16 th Avenue LLC. In 2008, pursuant to cases PZ-5-08/SD-1-08 (Ordinance No. 1331/Resolution No ), 16 th Avenue LLC rezoned the property to CR-5/PD and changed the development plan and pre-plat from a plan for 21 courtyard homes to 42 townhome units. Unfortunately, around this time the economy was going bad and the project was not realized, ultimately reverting back to the Lawien family.