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HomeMy WebLinkAbout2001-08-13 BOA MINUTESBOARD OF ADJUSTMENT AND APPEALS CITY COUNCIL CHAMBERS AUGUST 13,2001 The regular meeting of the Board of Adjustment and Appeals of the City of Apache Junction,Arizona,was held on August 13,2001,at the Apache Junction City Council Chambers,pursuant to the notice required by law. SYNOPSIS Acceptance of Minutes dated January 10,2000. BA -1-01 -Superstition Ford request for 9 month Nissan test market facility permit. CALL TO ORDER Vice Chairwoman Gardner called the meeting to order at 7:03 P.M. ROLL CALL Board Members Present:Sherri McGahan Dan Austin Tracie Thiele Sandra Spelman Mari Gardner,Vice Chairwoman Absent:Kent Slocum Rudy Esquivias announced that a quorum was present Staff Present: Others Present: Board of Adjustment and Appeals August 13, 2001 Rudy Esquivias,Zoning Administrator Dean Svoboda,Development Services Director R.Joel Stern,City Attorney Merritt G.Damrell,3500 S.Tomahawk Road T.E.Cosgrove,3500 S.Tomahawk Road George McMartin,1422 E.30" Avenue -1- SELECTION OF CHAIR AND VICE CHAIR Vice Chairwoman Mari Gardner addressed the selection of Chairman and Vice Chairman and turned the meeting over to Rudy Esquivias to canvas the nominations. Rudy Esquivias,Executive Secretary announced that nominations would be taken at this time for Chairman. Tracie Thiele nominated Mari Gardner for Chairwoman. Sheri McGahan seconded the nomination. With no further nominations from the floor,Mr.Esquivias asked for a roll call vote of Mari Gardner for Chairwoman of the Board of Adjustment and Appeals. Rudy Esquivias reported that the vote was unanimous 5-0. Mari Gardner was announced as the new Chairwoman. Rudy Esquivias turned over the nominations for Vice Chairman to the new Chairwoman,Mari Gardner. Chairwoman Mari Gardner asked for nominations from the floor for Vice Chairwoman. Sandra Spelman nominated Tracie Thiele for Vice Chairman. Sherri McGahan seconded the nomination. Chairwoman Mari Gardner announced that with no further nominations from the floor,a roll call vote would be entertained at this time. Rudy Esquivias reported that the vote was unanimous 5-0. Tracie Thiele was announced as the new Vice Chairwoman. Congratulations to Mari Gardner and Tracie Thiele. - 2 -- Board of Adjustment and Appeals August 13, 2001 ACCEPTANCE OF AGENDA BOARD MEMBERS THIELE/McGAHAN M/S "I MOVE WE ACCEPT THE AGENDA DATED AUGUST 13,2001,AS PRESENTED." VOTE:5-0 MOTION CARRIED APPROVAL OF MINUTES BOARD MEMBERS McGAHAN/SPELMAN M/S "I MOVE WE ACCEPT THE MINUTES DATED JANUARY 10,2000,AS PRESENTED." VOTE:5-0 MOTION CARRIED PUBLIC HEARINGS CASE BA -1-01 Chairwoman Gardner introduced Case BA -1-01.This is a request by Superstition Ford,represented by Mr.Bill Waters,for a temporary 9 -month permit for a Nissan test market facility,where Nissan cars and trucks would be sold.Said facility is proposed to be located at the new Superstition Ford dealership at the southwest corner of South Tomahawk Road and US 60,on their 7.5 -acre,C-3/PD zoned property. Rudy Esquivias presented BA -1-01.This is a request by Superstition Ford a member of the Earnhardt Auto group.They are asking for the Board Of Adjustment to grant a nine (9)month Temporary Use Permit on their Superstition Ford property that is being developed on the southwest corner of Tomahawk and the freeway.The property was originally approved about 4 years ago for a shopping center.That plan was never realized. Superstition Ford bought the property and requested approval of their development plan for an auto dealership phased development.The development - 3 — Board of Adjustment and Appeals August 13, 2001 was separated into 3 phases.The part you see being built now is Superstition Ford,which takes up approximately 7.5 acres of the property.Future car dealerships are being proposed on the remaining two (2)phases.Earnhardt's would like to do a Nissan test market facility to see how Nissan cars and trucks sell in this area.They would like to set up a modular building.It has to be an actual separate building and would be a separate dealership.The modular building is to be built on the parking lot.The General Plan designates this area as an employment retail opportunity area that includes commercial uses.It is a general commercial district. The Board Of Adjustment has the authority to authorize the temporary use of a building or premises in any zone for a purpose or use that does not conform to the regulations of this Ordinance,providing this use can be of a true temporary nature and does not involve the erection of substantial buildings. Ordinance #1126 spells out conditions under which City Council approved development of the site.The Ordinance is structured such that i t protects the land and the City's interest in what happens in these future phases. Staff reasoned that this was a request that could be decided by the Board of Adjustment because this building is proposed in Phase 1,i t is a modular building,easily installed,easily removed,and does not affect future phases of development. The Temporary Use Permit is to last for nine (9)months.There does not appear to be any opportunity for a renewal of a Temporary Use Permit.There are no administrative extensions on a Temporary Use Permit. Staff looked at this request and was concerned most about the timing of both of the projects.Mr.Waters advised that they would like to have the building going at the same time that the Superstition Ford dealership opens up.We recommend that the applicants make certain that their permits have all been processed at the time the Ford dealership is ready to receive their final Certificate of Occupancy or temporary Certificate of Occupancy to begin operation. Staff is recommending approval of this request subject to the following conditions: 1)The nine (9)month time limit shall begin no earlier than the date of the granting of either the temporary or final Certificate of Occupancy for the Superstition Ford dealership;and no earlier than the granting of the Certificate of Occupancy for the Nissan modular building. - 4 — Board of Adjustment and Appeals August 13, 2001 1)continued-- The Temporary Use Permit cannot be extended upon expiration,at which time the Nissan building shall be removed from the property.I t does not allow the Board Of Adjustment at this time to set precise dates for the Temporary Use Permit. 2)The hours of operation for the Nissan dealership shall run from 7 a.m. to 10 p.m.Monday -Saturday (Mountain Standard Time)and 10 a.m.-6 p.m. on Sunday (MST). 3)The commercial modular office building for the Nissan dealership and Nissan cars display area shall be located to the north of the Superstition Ford building. 4)Construction plan review and approval shall be done by the Development Services staff.Any required business license permits and inspections shall be secured prior to operation of the temporary use. 5)The modular office building shall contain its own A.D.A.(Americans With Disabilities Act)compliant restroom facilities,or client and employees of Nissan shall be allowed to use the restroom facilities in the Superstition Ford building. 6)All provisions of the City of Apache Junction Zoning Ordinance,Article 23 Outdoor Light Control Regulations (Dark Sky Ordinance),shall be applicable to the operation of the temporary use facility. 7)All other provisions of Ordinance #1126,and any site development requirements for the Superstition Ford dealership in general shall remain in full force and effect. 8)Attached signage on the modular building may be installed according to the provisions of Zoning Ordinance Section 21.27.Freestanding or detached signs shall not be permitted until such time as Earnhardt's processes their request for a detached sign according to Condition of Approval #10 of Ordinance #1126. - 5 - Board of Adjustment and Appeals August 13, 2001 Rudy Esquivias reported that the reason staff is recommending the conditions is as follows: A.The C-3/PD allows for the sale of cars and trucks. B.Allowing this temporary use does not conflict with Ordinance #1126. C.Request complies with Zoning Ordinance Section 11.0103H,which authorizes the Board to approve a temporary use and that such a use is demonstrated to be of a true temporary nature,it does not last longer than nine (9)months,and does not involve the erection of substantial buildings. Chairwoman Gardner asked if the applicant or representatives would like to address the Board.Please step forward and state your name and address for the record. My name is Bill Waters,2314 W.Shawnee Drive,Chandler,AZ. I represent Earnhardt's.What we would like to do is test market Nissans.We would like to open in December of 2001.We would like to have a permanent satellite at this site.The facility module itself is approximately 10'wide and 50'long.Parking is allotted for 20 spaces. Mr.Waters asked if there was a possibility of an extension if they did not get the modular built in time? Rudy Esquivias stated that the Ordinance allows for nine (9) months and does not allow for any extensions. Joel Stern,City Attorney,reported that we are rewriting the Land Development Code.Hopefully,it will be in effect by that time and we can address this issue in the Development Code.I think we can handle that in the Board Of Adjustment provisions under the new code.We would certainly take Earnhardt's recommendations and look at them,and apply it so that it would apply to them as well as anyone else in future cases. Chairwoman Gardner asked Mr.Waters if they would take one of the other phases and put a dealership there if the temporary site went well? - 6 — Board of Adjustment and Appeals August 13, 2001 Mr.Waters advised that that is what we had in mind to do. Joel Stern,City Attorney,advised that if they did not complete the project in the nine (9)month period allotted,they could apply for an extension if the new Land Development Code was in effect.They could apply through Development Services or the Zoning Administrator.It would then be brought before the Board of Adjustment to allow for an administrative extension.Otherwise,they would have to shut down. Chairwoman Gardner asked if there was anyone wishing to speak for or against Case BA -1-01.Hearing none,the Call to the Public was closed.I would like to entertain a motion on Case BA -1-01 at this time. Board Member McGahan I MOVE THAT CASE BA -1-01,A REQUEST BY SUPERSTITION FORD, INC.,REPRESENTED BY BILL WATERS,FOR A 9 MONTH TEMPORARY USE PERMIT TO OPERATE A NISSAN TEST MARKET FACILITY OUT OF A COMMERCIAL MODULAR OFFICE BUILDING,ON THE SITE OF THE NEW SUPERSTITION FORD AT THE SOUTHWEST CORNER OF US60 AND S.TOMAHAWK ROAD,BE APPROVED. Chairwoman Gardner asked Board Member McGahan if she would please state the findings to approve this motion. Board Member McGahan noted the findings as: 1)THE C-3/PD ZONING ON THE PROPERTY ALLOWS FOR THE SALE OF CARS AND TRUCKS. 2)ALLOWING THIS TEMPORARY USE DOES NOT CONFLICT WITH THE PROVISIONS OF ORDINANCE NO.1126. 3)THE REQUEST COMPLIES WITH ZONING ORDINANCE SECTION 11.0103(h),WHICH AUTHORIZES THE BOARD TO APPROVE A TEMPORARY USE IF SUCH A USE IS DEMONSTRATED TO BE OF A TRUE TEMPORARY NATURE,DOES NOT LAST FOR MORE THAN 9 MONTHS,AND DOES NOT INVOLVE THE ERECTION OF SUBSTANTIAL BUILDINGS. CHAIRWOMAN GARDNER ASKED FOR A SECOND TO THIS MOTION. - 7 - Board of Adjustment and Appeals August 13, 2001 Board Member McGahan STATED THAT SHE WISHES TO WITHDRAW THE MOTION DUE TO THE OMISSION OF THE CONDITIONS OF THE MOTION. Chairwoman Gardner ADVISED THAT THE FIRST MOTION IS WITHDRAWN. Chairwoman Gardner entertained another motion on Case BA -1- 01. Board Member McGahan MOVED THAT CASE BA -1-01,A REQUEST BY SUPERSTITION FORD,INC.,REPRESENTED BY BILL WATERS,FOR A 9 MONTH TEMPORARY USE PERMIT TO OPERATE A NISSAN TEST MARKET FACILITY OUT OF A COMMERCIAL MODULAR OFFICE BUILDING,ON THE SITE OF THE NEW SUPERSTITION FORD AT THE SOUTHWEST CORNER OF US60 AND S.TOMAHAWK ROAD,BE APPROVED WITH THE FOLLOWING CONDITIONS: 1)THE NINE (9)MONTH TIME LIMIT FOR THE TEMPORARY USE PERMIT SHALL BEGIN NO EARLIER THAN THE DATE OF THE GRANTING OF EITHER THE TEMPORARY OR FINAL CERTIFICATE OF OCCUPANCY (C.OF O.)FOR THE SUPERSTITION FORD DEALERSHIP,AND NO EARLIER THAN THE GRANTING OF THE C.OF O.FOR THE NISSAN MODULAR BUILDING.THE TEMPORARY USE PERMIT CANNOT BE EXTENDED UPON EXPIRATION,AT WHICH TIME THE NISSAN BUILDING SHALL BE REMOVED FROM THE PROPERTY. 2)THE HOURS OF OPERATION FOR THE TEMPORARY NISSAN DEALERSHIP SHALL RUN FROM 7 A.M.UNTIL 10 P.M.(MOUNTAIN STANDARD TIME/MST), MONDAY THROUGH SATURDAY;AND FROM 10 A.M.UNTIL 6 P.M.(MST)ON SUNDAYS. 3)THE COMMERCIAL MODULAR OFFICE BUILDING FOR THE NISSAN DEALERSHIP AND THE NISSAN CARS DISPLAY AREA SHALL BE LOCATED TO THE NORTH OF THE SUPERSTITION FORD BUILDING. 4)CONSTRUCTION PLAN REVIEW AND APPROVAL SHALL BE DONE BY DEVELOPMENT SERVICES STAFF.ANY REQUIRED BUSINESS LICENSE,PERMITS AND INSPECTIONS SHALL BE SECURED PRIOR TO OPERATION OF THE TEMPORARY USE. 5)THE MODULAR OFFICE BUILDING SHALL CONTAIN ITS OWN A.D.A. (AMERICAN WITH DISABILITIES ACT)COMPLIANT RESTROOM FACILITIES OR CLIENTS AND EMPLOYEES OF NISSAN SHALL BE ALLOWED TO USE THE RESTROOM FACILITIES IN THE SUPERSTITION FORD BUILDING. - 8 - Board of Adjustment and Appeals August 13, 2001 6)ALL PROVISIONS OF THE CITY OF APACHE JUNCTION ZONING ORDINANCE,ARTICLE 23 OUTDOOR LIGHT CONTROL REGULATIONS (DARK SKY ORDINANCE) SHALL BE APPLICABLE TO THE OPERATION OF THE TEMPORARY USE FACILITY. 7)ALL OTHER PROVISIONS OF ORDINANCE NO.1126 AND ANY SITE DEVELOPMENT REQUIREMENTS FOR THE SUPERSTITION FORD DEALERSHIP IN GENERAL SHALL REMAIN IN FULL FORCE AND EFFECT. 8)ATTACHED SIGNAGE ON THE MODULAR BUILDING MAY BE INSTALLED ACCORDING TO THE PROVISIONS OF ZONING ORDINANCE SECTION 21.27. FREESTANDING OR DETACHED SIGNS SHALL NOT BE PERMITTED UNTIL SUCH TIME AS EARNHARDT'S PROCESSES THEIR REQUEST FOR A DETACHED SIGN ACCORDING TO CONDITION OF APPROVAL #10 OF ORDINANCE NO.1126. Chairwoman Gardner ASKED TO HAVE THE FINDINGS RESTATED. Board Member McGahan RELATED THAT APPROVAL OF THIS MOTION REQUEST IS BASED ON THE FOLLOWING FINDINGS: 1)THE C-3/PD ZONING ON THE PROPERTY ALLOWS FOR THE SALE OF CARS AND TRUCKS. 2)ALLOWING THIS TEMPORARY USE DOES NOT CONFLICT WITH THE PROVISIONS OF ORDINANCE NO.1126. 3)THE REQUEST COMPLIES WITH ZONING ORDINANCE SECTION 11.0103(h),WHICH AUTHORIZES THE BOARD TO APPROVE A TEMPORARY USE IF SUCH A USE IS DEMONSTRATED TO BE OF A TRUE TEMPORARY NATURE,DOES NOT LAST FOR MORE THAN NINE (9)MONTHS,AND DOES NOT INVOLVE THE ERECTION OF SUBSTANTIAL BUILDINGS. Chairwoman Gardner ASKED FOR A SECOND ON THE MOTION. Board Member McGahan SECONDED THE MOTION. VOTE:5-0 MOTION CARRIED - 9 - Board of Adjustment and Appeals August 13, 2001 Attorney Joel Stern expressed that there is an appeal procedure.If someone feels they have been aggrieved by this decision they have 20 days to appeal to Superior Court. Chairwoman Gardner stated that if there is no further business at this time,this portion of the meeting is closed. OLD BUSINESS None NEW BUSINESS None EXECUTIVE SECRETARY'S REPORT Rudy Esquivias introduced Mr.Dean Svoboda,the new Director of Development Services.He also introduced the new Assistant Planner,Mr. Steve Abraham.I would also like to touch on the fact that we are in the process of doing a major update to the Land Development Code.The update includes rewriting our Zoning Ordinance,revising our Subdivision Regulations, revamping our Landscape Code,and formulating aesthetic design guidelines.We hope to take i t before City Council within the next couple of months.We should have a new Zoning Ordinance ready by the beginning of 2002.I would like to end the report by congratulating Chairwoman Gardner and Vice Chairwoman Thiele on their new appointments. Chairwoman Gardner entertained a motion for the date of the next meeting to be held on September 10 at 7:00 p.m.and an Executive session meeting at 6:45 p.m. BOARD MEMBERS AUSTIN/SPELMAN M/S "I MOVE THAT THE NEXT MEETING BE HELD ON SEPTEMBER 10,2001 AT 7:00 P.W. WITH AN EXECUTIVE SESSION MEETING AT 6:45 P.M." VOTE:5-0 MOTION CARRIED - 10 - Board of Adjustment and Appeals August 13, 2001 CHAIRWOMAN GARDNER adjourned the meeting at 8:00 p.m. xecutive Secretary Mae+ -Gardner,Chairwoman -11— Board of Adjustment and Appeals August 13, 2001