HomeMy WebLinkAbout2001-12-10 BOA MINUTESBOARD OF ADJUSTMENT AND APPEALS
CITY COUNCIL CHAMBERS
DECEMBER 10, 2001
The regular meeting of the Board of Adjustment and Appeals of the City of
Apache Junction,Arizona was held on December 10,2001 at the Apache Junction
City Council Chambers,pursuant to the notice required by law.
SYNOPSIS
Acceptance of Minutes dated August 13,2001.
Approval of Case BA -2-01 -Temporary Use Permit request from Superstition
Mountain Properties.
CALL TO ORDER
Chairwoman Gardner called the meeting to order at 7:00 p.m.
ROLL CALL
Board Members Present:Mari Gardner,Chairwoman
Sandra Spelman,Board Member
Sherri McGahan,Board Member
Tracie Thiele,Vice Chair
Kent Slocum,Board Member
Dan Austin,Board Member
Staff Present:
Guests Present:
Board of Adjustment and Appeals
December 10, 2001
Rudy Esquivias,Zoning Administrator
Dean Svoboda,Development Services Director
R.Joel Stern,City Attorney
Robert Lake,288 N.Ironwood Drive,A.J.
Robb Corwin,304 S.Price Road,Tempe
Phil Edlund,7100 N.46 Place,Paradise Valley
Jason Corwin,29444 N.50°Place,Cave Creek
George McMartin,1422 E.38°Ave.,A.J.
-1-
ACCEPTANCE OF AGENDA
BOARD MEMBERS AUSTIN/SPELMAN M/S
"I MOVE WE ACCEPT THE AGENDA DATED DECEMBER 10,2001,AS
PRESENTED."
VOTE:6-0
MOTION CARRIED
ACCEPTANCE OF MINUTES
BOARD MEMBERS THIELE/SPELMAN M/S
"I MOVE WE ACCEPT THE MINUTES DATED AUGUST 13,2001,AS
PRESENTED."
VOTE 5-0 (BOARD MEMBER SLOCUM ABSTAINED DUE TO ABSENCE FROM
MEETING)
MOTION CARRIED
PUBLIC HEARINGS
CASE BA -2-01
Rudy Esquivias,Senior Planner/Zoning Administrator presented Case
BA -2-01.This is a request for a 9 -month temporary use permit by Superstition
Mountain Properties,Inc.,requesting that the Board of Adjustment grant their
request to use ±108 acres of vacant State land.The applicants (SMPI)are
requesting a temporary use in the form of a temporary parking lot for the
Tradition Golf Tournament which will be held in Gold Canyon at the
Superstition Mountain Golf and Country Club.This event is normally held in
April.The applicants are proposing to create a temporary parking lot to
accommodate 10,000 vehicles on vacant State land.This property is State
Trust land.The State Land Department is requiring the applicants to go
through required City of Apache Junction approval processes before they will
consider granting them a lease.The main access road to the parking lot will
be off of US60.The applicants are proposing to shuttle people back and forth
to the golf tournament.There will be a 280 -foot -wide natural desert buffer
between the parking area and the edge of the highway.
Board of Adjustment and Appeals
December 10, 2001
- 2 -
There will be no buildings on the property site.The land is presently used
for grazing and at times used by all -terrain vehicles (ATVs).The Army Corp
of Engineers will not require a special Section 404 permit in order for
Superstition Mountain Properties to use the area.
The Arizona Department of Transportation (ADOT)advised that their main
concern was the future improvements along Old West Highway.There was concern
about the narrow gates at the main access areas for car and bus traffic.
There will be wider gates installed at these sites.ADOT would like the gate
at the southeastern most entrance moved up,widened,and lined up with
Superstition Mountain Drive.This will allow for an overall improvement to
the intersection and a better commercial corridor for the future.
Public safety was another concern.Steve Francis,Patrol Commander was in
concurrence with the recommended conditions of approval.The applicants will
be expected to coordinate with all of the appropriate safety personnel
(Sheriff,DPS,Police,etc.)prior to the event.
Once the event is over the temporary fence constructed prior to the event is
to be removed.Dust control is a major issue.We are asking the applicants
to coordinate with the County regarding what the County's acceptable dust
control measures are for the area.Also addressed was the lighting issue.
There was also a concern as to the plans for the land after i t is no longer
needed as a parking lot.A suggestion was to restore the area to its natural
desert state as much as possible.
We think that this temporary use can be a successful use and an environment-
tally sensitive use as long as i t is operated in the manner proposed.
Staff have drafted the following (13)recommended conditions of approval:
1)Superstition Mountain Properties,Inc.(SMPI),shall design and operate
the temporary parking lot for the Tradition Golf Tournament as
represented in the application,letters and drawings submitted with
case file BA -2-01,or as otherwise conditioned ,herein.
2)SMPI shall be responsible for coordinating with and obtaining
assistance from the appropriate public safety agencies (including the
Apache Junction Police Department,the Arizona Department of Public
Safety and the Pinal County Sheriff's Office)every year that the
Tradition event is held.At the very least,SMPI shall hire off -duty
police officers to help coordinate traffic in and out of the parking
area and through the intersection.
Board of Adjustment and Appeals
December 10,2001
- 3 -
3)SMPI shall coordinate with the appropriate environmental groups,such
as SALT or ADOBE,to preserve and disturb as little as possible the
natural flora and fauna habitats which exist along the washes which
traverse the proposed parking area.Additionally,no part of the 280-
foot -wide buffer area shall be disturbed,other than the area needed
for the access road.
4)Any significant and/or salvageable plants removed from the parking area
shall be boxed and replanted in the 280 -foot buffer area to enhance i t
further.Prior to clearing the parking area,the applicants shall
contact the Arizona Department of Agriculture,and present approvals
from said department of the City's Planning Division,regarding the
removal or salvage and reuse of protected native plants.
5)Any annual grading for the parking lot shall be done prior to the quail
nesting season.
6)Any temporary fencing for the Tradition event shall not be installed
any earlier than one week prior to the event,or be removed any later
than one week after the event,to continue to allow for normal
recreational uses and cattle grazing on the property.
7)The applicants shall obtain all necessary permits from ADOT and/or the
State Land Department regarding the improvement of the access points
(gate widenings,access re -alignment,paved driveways.etc.)as
proposed along US60,according to the submitted drawing from JMI &
Associates dated received 12/6/01.
8)Courtesy copies of the approved construction plans for the US60
improvements shall be provided to the City Engineer prior to
construction.
9)Prior to each year that the event is held,SMPI shall re -grade whatever
portions of the northerly side frontage road and the south side
Guadalupe Avenue alignment,are needed for access into and out of the
parking area.
10)Dust control measures (watering or other environmentally safe and
acceptable measures)shall be applied to the parking lot for the
purpose of complying with air quality control requirements.SMPI shall
contact the Pinal County Air Quality Control District for information
about acceptable compliance standards.
Board of Adjustment and Appeals
December 10, 2001
- 4 -
11)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 parking lot.Only
portable lighting apparatus shall be used and said lighting shall be
pointed downward and away from 0560,be turned off prior to 10 p.m.
on event nights,and shall not be used any other times than event
nights.
12)SMPI and their subcontractors shall contact the City's Business License
Office regarding any business license requirements for the operation of
the parking lot.
13)Once the land is no longer needed for the Tradition event,SMPI shall
re -vegetate and restore the temporary parking lot with a hydro -seed mix
or replanting plan,acceptable to the City's Parks and Recreation,and
Development Services Department.
Listed are the following revisions to the (13)recommended conditions:
#2 add -"A traffic management plan is to be presented to the appropriate
agencies 45 days in advance for their review and approval.The plans should
include details of circulation,onsite security,parking fees if any,and
shuttle loading and unloading -.
#10 add --parking lot "and access roads".
#13 add --"posting of a bond through the lease with the State Land
Department".
Mr.Esquivias advised that if the Board wishes to approve this request the
Board needs to cite the findings to justify approval or denial.
Findings for approval are as follows:
1.With proper controls and with a commitment from the applicants to
coordinate with the appropriate advisory groups and public safety agencies,
the parking area may be operated in a safe and environmentally sensitive
manner.
2.The use will be properly buffered from the highway and will not negatively
affect any surrounding development.
Board of Adjustment and Appeafs
December 10, 2001
- 5 -
3.Allowing this temporary use does not conflict with the provisions of the
City's Zoning Ordinance or General Plan.
Mr.Esquivias advised that if the Board wishes to deny this request you also
need to cite findings.If you do not agree with the Staff recommendations you
can state these in the negative or come up with findings of your own.
Board Member McGahan inquired about the stipulation that once the
land is no longer used for the event,would i t be restored to its original
state?Since this is a 9 -month temporary permit,will they re -vegetate each
time the event is finished?
Rudy Esquivias,Senior Planner/Zoning Administrator advised that
the intent of the temporary use permit is to address what will happen this
year.
Board Member Austin asked if there would be a problem filling in
the washes in the area?
Rudy Esquivias,Senior Planner/Zoning Administrator reported that
they do not propose to fill the washes.The Army Corp of Engineers was
concerned about creeks or rivers that flow during certain times of the year.
They do not propose to fill any washes.
Chairwoman Gardner asked if there were any further questions for
staff?Does the representative from Superstition Mountain Properties care to
address the Board?
Phil Edlund,7100 N.46th Place,Paradise Valley,addressed the
Board.I am the Vice President of Superstition Mountain Properties.The
Tradition Golf Tournament is a major championship on the senior tour.It will
do a great deal for the reputation of the East Valley.It is nationally
televised and internationally reported.It will be a wonderful thing for
Pinal County and the East Valley.We are willing to accept all of the
conditions that Staff has recommended except for the re -vegetation issue.I
expect this golf tournament to be held here for many years.It doesn't make
sense to do a re -vegetation each year.If the tournament would be moved to
another location we would bring the property back to its natural appearance at
that time.The clearing of the property will be done with a machine that will
remove the plants at the surface and not disturb the root ball.Robb Corwin
can answer any questions regarding clearing of the vegetation on the property.
Our intent is to have the buses go back and forth through the lighted
intersection for safety,and there will be paid off -duty officers to conduct
Board of Adjustment and Appeals
December 10, 2001
- 6 -
traffic in a safe manner.Everyone will be bused from the parking lot to the
tournament.There will be no walking to the tournament from the parking lot.
Board Member Thiele asked if SMPI had coordinated with the
individuals that presently have the grazing lease?
Phil Edlund reported that he met with Ralph Flake who runs cattle
on this property.It was discussed how to make sure that a means was worked
out where we don't need to fence the area.There may be the possibility of
having a couple of officers on horseback and to also put feed out in another
location to assist in keeping the cattle from the area.
Robb Corwin,304 S.Price Road,Tempe,addressed the Board.Mr.
Corwin advised that they would be using a soil dust bonding material to
control the dust.It will be mixed with water and sprayed on.Once i t is
sprayed on the ground and driven over it will last for 5 years.It has 90%
retention in keeping the dust down.It is biodegradable and environmentally
friendly.The more you drive on i t the more difficult i t is to get up.It is
preferred by almost every air quality agency.It looks like thin molasses.
It is not slippery when i t is wet.The parking of all vehicles for the event
will be systematically set up.The buses that will be transporting attendees
to the tournament will be provided by Motor Coach.
Bob Lake,288 N.Ironwood Drive,Apache Junction addressed the
Board.He wanted to advise the Board that he has known this company for many
years.They are very detailed and do an excellent job.
Board Member Slocum inquired about Condition #13 and the re-
vegetation and restoring with hydro -seed mix or replanting plan.
Rudy Esquivias,Senior Planner/Zoning Administrator advised that
if the Board so chooses they can amend Condition #13 to delete the words
"replanting-plan"and add the words "other plan-.
Chairwoman Gardner announced that the public hearing portion of
the meeting is closed and,at this time,will entertain a motion on Case BA -2-
01.
Board Member Austin MOVED THAT WE ACCEPT THE RECOMMENDED MOTION AS
STATED .ON OUR MATERIAL,WITH THE EXCEPTION THAT IS FOUND ON PARAGRAPH #13 TO
READ IN COMPLIANCE AS SET FORTH IN THE REPORT,AND IN AMENDMENTS DATED
12/10/01 RELATED TO -CONDITIONS 2,5,10,&13.
Board of Adjustment and Appeals
December 10, 2001
- 7 -
1.SUPERSTITION MOUNTAIN PROPERTIES,INC.(SMPI),SHALL DESIGN AND OPERATE THE
TEMPORARY PARKING LOT FOR THE TRADITION GOLF TOURNAMENT AS REPRESENTED IN THE
APPLICATION,LETTERS AND DRAWINGS SUBMITTED WITH CASE FILE BA -2-01,OR AS
OTHERWISE CONDITIONED HEREIN.
2.SMPI SHALL BE RESPONSIBLE FOR COORDINATING WITH AND OBTAINING ASSISTANCE
FROM THE APPROPRIATE PUBLIC SAFETY AGENCIES (INCLUDING THE APACHE JUNCTION
POLICE DEPARTMENT,THE ARIZONA DEPARTMENT OF PUBLIC SAFETY,AND THE PINAL
COUNTY SHERIFF'S OFFICE)EVERY YEAR THAT THE TRADITION EVENT IS HELD.AT THE
VERY LEAST,SMPI SHALL HIRE OFF -DUTY POLICE OFFICERS TO HELP COORDINATE
TRAFFIC IN AND OUT OF THE PARKING AREA AND THROUGH THE INTERSECTION.A
TRAFFIC MANAGEMENT PLAN IS TO BE PRESENTED TO THE APPROPRIATE AGENCIES 45 DAYS
IN ADVANCE FOR THEIR REVIEW AND APPROVAL.THE PLANS SHOULD INCLUDE DETAILS OF
CIRCULATION,ONSITE SECURITY,PARKING FEES IF ANY,AND SHUTTLE LOADING AND
UNLOADING.
3.SMPI SHALL COORDINATE WITH THE APPROPRIATE ENVIRONMENTAL GROUPS,SUCH AS
SALT OR ADOBE,TO PRESERVE AND DISTURB AS LITTLE AS POSSIBLE,THE NATURAL
FLORA AND FAUNA HABITATS WHICH EXIST ALONG THE WASHES WHICH TRAVERSE THE
PROPOSED PARKING AREA.ADDITIONALLY,NO PART OF THE 280 -FOOT -WIDE BUFFER AREA
SHALL BE DISTURBED,OTHER THAN THE AREA NEEDED FOR THE ACCESS ROAD.
4.ANY SIGNIFICANT AND/OR SALVAGEABLE PLANTS REMOVED FROM THE PARKING AREA
SHALL BE BOXED AND REPLANTED IN THE 280 -FOOT BUFFER AREA TO ENHANCE IT
FURTHER.PRIOR TO CLEARING- THE PARKING AREA.THE APPLICANTS SHALL CONTACT THE
ARIZONA DEPARTMENT OF AGRICULTURE,AND PRESENT APPROVALS FROM SAID DEPARTMENT
TO THE CITY'S PLANNING DIVISION,REGARDING THE REMOVAL OR SALVAGE AND REUSE OF
PROTECTED NATIVE PLANTS.
5.ANY ANNUAL GRADING FOR THE PARKING LOT SHALL BE DONE IN MARCH PRIOR TO THE
QUAIL NESTING SEASON.
6.ANY TEMPORARY FENCING FOR THE TRADITION EVENT SHALL NOT BE INSTALLED ANY
EARLIER THAN ONE WEEK PRIOR TO THE EVENT,OR BE REMOVED ANY LATER THAN ONE
WEEK AFTER THE EVENT,TO CONTINUE TO ALLOW FOR NORMAL RECREATIONAL USES AND
CATTLE GRAZING ON THE PROPERTY.
7.THE APPLICANTS SHALL OBTAIN ALL NECESSARY PERMITS FROM ADOT AND/OR THE
STATE LAND DEPARTMENT REGARDING THE IMPROVEMENT OF THE ACCESS POINTS (GATE
WIDENINGS,ACCESS REALIGNMENT.PAVED DRIVEWAYS.ETC.)AS PROPOSED ALONG US60.
ACCORDING TO THE SUBMITTED DRAWING FROM JMI & ASSOCIATES DATED RECEIVED
12/6/01.
Board:of Adjustment and Appeals
December 10, 2001
- 8 -
8.COURTESY COPIES OF THE APPROVED CONSTRUCTION PLANS FOR THE US60
IMPROVEMENTS SHALL BE PROVIDED TO THE CITY ENGINEER PRIOR TO CONSTRUCTION.
9.PRIOR TO EACH YEAR THAT THE EVENT IS HELD,SMPI SHALL RE -GRADE WHATEVER
PORTIONS OF THE NORTHERLY SIDE FRONTAGE ROAD AND THE SOUTH SIDE GUADALUPE
AVENUE ALIGNMENT,ARE NEEDED FOR ACCESS INTO AND OUT OF THE PARKING AREA.
10.DUST CONTROL MEASURES (WATERING OR OTHER ENVIRONMENTALLY SAFE AND
ACCEPTABLE MEASURES)SHALL BE APPLIED TO THE PARKING LOT AND ACCESS ROADS FOR
THE PURPOSE OF COMPLYING WITH AIR QUALITY CONTROL REQUIREMENTS.SMPI SHALL
CONTACT THE PINAL COUNTY AIR QUALITY CONTROL DISTRICT FOR INFORMATION ABOUT
ACCEPTABLE COMPLIANCE STANDARDS.
11.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 PARKING LOT.ONLY PORTABLE LIGHTING APPARATUS
SHALL BE USED AND SAID LIGHTING SHALL BE POINTED DOWNWARD AND AWAY FROM US60,
BE TURNED OFF PRIOR TO 10 P.M.ON EVENT NIGHTS,AND SHALL NOT BE USED ANY
OTHER TIMES THAN EVENT NIGHTS.
12.SMPI AND THEIR SUBCONTRACTORS SHALL CONTACT THE CITY'S BUSINESS LICENSE
OFFICE REGARDING ANY BUSINESS LICENSE REQUIREMENTS FOR THE OPERATION OF THE
PARKING LOT.
13.ONCE THE LAND IS NO LONGER NEEDED FOR THE TRADITION EVENT,SMPI SHALL RE-
VEGETATE AND RESTORE THE TEMPORARY PARKING LOT WITH A HYDRO -SEED MIX OR
REPLANTING PLAN,ACCEPTABLE TO THE CITY'S PARKS AND RECREATION,AND
DEVELOPMENT SERVICES DEPARTMENTS.POSTING OF A BOND FOR THIS PURPOSE
SHALL BE PART OF THE LEASE AGREEMENT.
Chairwoman Gardner asked Board Member Austin to read the Amendment
to Condition #13.
Board Member Austin read AMENDMENT #13 -"ONCE THE LAND IS NO
LONGER NEEDED FOR THE TRADITION EVENT,SMPI SHALL REVEGETATE AND RESTORE THE
TEMPORARY PARKING LOT WITH A HYDRO SEED MIX OR OTHER PLAN ACCEPTABLE TO THE
CITY'S PARKS AND RECREATION AND DEVELOPMENT SERVICES DEPARTMENTS.THE POSTING
OF A BOND FOR THIS PURPOSE SHALL BE PART OF THE LEASE AGREEMENT".
Chairwoman Gardner asked Board Member Austin to state the
findings.
Board of Adjustment and Appeals
December 10, 2001
- 9 -
Board Member Austin stated that the Board approves this request
based upon the following findings:
I)WITH PROPER CONTROLS AND WITH A COMMITMENT FROM THE APPLICANTS TO
COORDINATE WITH THE APPROPRIATE ADVISORY GROUPS AND PUBLIC SAFETY
AGENCIES,THE PARKING AREA MAY BE OPERATED IN A SAFE AND
ENVIRONMENTALLY SENSITIVE MANNER.
2)THE USE WILL BE PROPERLY BUFFERED FROM THE HIGHWAY AND WILL NOT
NEGATIVELY AFFECT ANY SURROUNDING DEVELOPMENT.
3)ALLOWING THIS TEMPORARY USE DOES NOT CONFLICT WITH THE PROVISIONS OF
THE CITY'S ZONING ORDINANCE OR GENERAL PLAN.
Board Member McGahan SECONDED THE MOTION.
MOTION CARRIED
VOTE 6-0
Joel Stern,City Attorney advised that i t should be noted in the minutes that
if anyone feels aggrieved by this decision they have 30 days to appeal.
OLD BUSINESS
None
NEW BUSINESS
None
REQUEST OF STAFF
None
INFORMATION AND REPORTS
None
SELECTION OF MEETINGS,TIMES,LOCATIONS AND PURPOSES
BOARD MEMBERS SPELMAN/McGAHAN M/S
"I MOVE THAT AN EXECUTIVE SESSION OF THE BOARD OF ADJUSTMENT &
APPEALS BE HELD AT 6:30 P.M.,AND THE REGULAR MEETING AT 7:00 P.M.ON JANUARY
14,2002".
Board of Adjustment and Appeals
December 10, 2001
- 10-
MOTION CARRIED.
ADJOURNMENT
There being no further business to discuss,and with no objections,Chairwoman
Gardner adjourned the meeting at 7:57 P.M.
MARIE GARDNER,CHAIRWOMAN
RUD EXECUTIVE SECRETARY
Board of Adjustment and Appeals
December 10, 2001
- 11 -
ORDER
BOARD OF ADJUSTMENT AND APPEALS
CITY OF APACHE JUNCTION,ARIZONA
CASE NO.BA -2-01
DATE OF PUBLIC HEARING:
APPLICANTS:
PROPERTY LOCATION:
TAX ASSESSOR'S PARCEL #:
SIZE OF SUBJECT PARCEL:
ZONING DISTRICT:
REQUEST:
December 10,2001
Superstition Mountain Properties,
Incorporated,represented by Phil
Edlund,Vice President
The subject site is a ±108 -acre
"V" -shaped property located on the
southwesterly side of US60,north of
the Guadalupe Avenue alignment,and
westerly of the Superstition Mountain
Drive and U560 intersection (complete
legal description contained in case
file BA -2-01).
Map 104-07 (no parcel number as i t
is vacant State Trust Land)
±108 acres
GR (General Rural),Zoning
Ordinance ,Section 15.0100
The applicants are requesting
approval of a 9 -month Temporary Use
Permit for the purpose of establish-
ing a temporary parking lot for up
to 10,000 cars for the Tradition
Golf Tournament at Superstition
Mountain Golf and Country Club.
ORDER -BOARD OF ADJUSTMENT AND APPEALS
CASE BA -2-01 (S.M.P.I./EDLUND)
PAGE 2 OF 5
BOARD AUTHORIZATION:Pursuant to the Apache Junction City
Code ,Volume II.Land Development
Code ,Chapter 1,Zoning Ordinance,
Article 11,Section 11.0103 Powers,
Subsection 11.0103(h),which empow-
ers the Board to:
"Authorize the temporary use of a
building or premises in any zone for
a purpose or use that does not con-
form to the regulations of this
Ordinance,provided that such use
can be of a true temporary nature
and does not involve the erection of
substantial buildings ...."
BOARD OF ADJUSTMENT
ACTION:Motion and Second by Board Members
Austin/McGahan:
"I move that we accept the recommended
motion as stated in our material,with the exception that is found on
paragraph #13,to read in compliance as set forth in the report:and
amendments dated 12/10/01 related to Conditions 2,5,10,and 13."
[The motion referred to by Board Member Austin and amended conditions
as stated in the staff report;are as follows.]:
I move that case BA -2-01,a request by Superstition Mountain
Properties,Inc.,represented by Phil Edlund,for a 9 -month Temporary
Use Permit for a temporary parking lot for the Tradition Golf
Tournament,on a ±108 -acre State Trust Land property,located
southwesterly of the intersection of US60 and Superstition Mountain
Drive,be APPROVED.
The Conditions of Approval for the Temporary Use Permit are:
1)Superstition Mountain Properties,Inc.(SMPI),shall design and
operate the temporary parking lot for the Tradition Golf
Tournament as represented in the application,letters and
drawings submitted with case file BA -2-01.or as otherwise
conditioned herein.
ORDER -BOARD OF ADJUSTMENT AND APPEALS
CASE BA -2-01 (S.M.P.I./EDLUND)
PAGE 3 OF 5
2)SMPI shall be responsible for coordinating with and obtaining
assistance from the appropriate public safety agencies
(including the Apache Junction Police Department,the Arizona
Department of Public Safety and the Pinal County Sheriff's
Office)every year that the Tradition event is held.At the
very least,SMPI shall hire off -duty police officers to help
coordinate traffic in and out of the parking area and through
the intersection.A traffic management plan shall be submitted
to said agencies 45 days prior to the event for their review
and approval.The plan shall include details about
circulation,on -site security,parking fee collection
information and shuttle loading and unloading areas.
3)SMPI shall coordinate with the appropriate environmental
groups,such as SALT or ADOBE,to preserve and disturb as
little as possible the natural flora and fauna habitats which
exist along the washes which traverse the proposed parking
area.Additionally,no part of the 280 -foot -wide buffer area
shall be disturbed,other than the area needed for the access
road.
4)Any significant and/or salvageable plants removed from the
parking area shall be boxed and replanted in the 280 -foot
buffer area to enhance i t further.Prior to clearing the
parking area,the applicants shall contact the Arizona
Department of Agriculture,and present approvals from said
department to the City's Planning Division,regarding the
removal or salvage and reuse of protected native plants.
5)Any annual grading for the parking lot shall be done in March
prior to the quail nesting season.
6)Any temporary fencing for the Tradition event shall not be
installed any earlier than one week prior to the event,or be
removed any later than one week after the event,to continue to
allow for normal recreational uses and cattle grazing on the
property.
ORDER -BOARD OF ADJUSTMENT AND APPEALS
CASE BA -2-01 (S.M.P.I./EDLUND)
PAGE 4 OF 5
7)The applicants shall obtain all necessary permits from ADOT
and/or the State Land Department regarding the improvement of
the access points (gate widenings.access re -alignment,paved
driveways,etc.)as proposed along US60,according to the
submitted drawing from JMI & Associates dated received 12/6/01.
8)Courtesy copies of the approved construction plans for the US60
improvements shall be provided to the City Engineer prior to
construction.
9)Prior to each year that the event is held,SMPI shall re -grade
whatever portions of the northerly side frontage road and the
south side Guadalupe Avenue alignment,are needed for access
into and out of the parking area.
10)Dust control measures (watering or other environmentally safe
and acceptable measures)shall be applied to the parking lot
and access roads for the purpose of complying with air quality
control requirements.SMPI shall contact the Pinal County Air
Quality Control District for information about acceptable
compliance standards.
11)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 parking lot.Only portable lighting apparatus shall
be used and said lighting shall be pointed downward and away
from US60,be turned off prior to 10 p.m.on event nights,and
shall not be used any other times than event nights.
12)SMPI and their subcontractors shall contact the City's Business
License Office regarding any business license requirements for
the operation of the parking lot.
13)Once the land is no longer needed for the Tradition event,SMPI
shall re -vegetate and restore the temporary parking lot with a
hydro -seed mix or other plan acceptable to the City's Parks and
Recreation,and Development Services Departments.The posting
of a bond for this purpose shall be part of the lease
agreement.
BOARD OF ADJUSTMENT AND APPEALS
CASE BA -2-01 (S.M.P.I./EDLUND)
PAGE 5 OF 5
Findings for Decision:
1)With proper controls and with a commitment from the applicants
to coordinate with the appropriate advisory groups and public
'safety agencies,the parking area may be operated in a safe and
environmentally sensitive manner.
2)The use will be properly buffered from the highway and will not
negatively affect any surrounding development.
3)Allowing this temporary use does not conflict with the
provisions of the City's Zoning Ordinance or General Plan.
MOTION PASSED,VOTE 6-0.
SIGNED:
-9 -
M RI GARDNER,CHAIRWOMAN DATE
BOARD OF ADJUSTMENT & APPEALS
ATTEST:
RUDY E
BOARD
XC:
UTIVE SECRETARY DATE
USTMENI & APPEALS
(applicants)Phil Edlund,c/o Superstition Mountain Properties,Inc..
8777 N.Gainey Center Drive,Suite 205,Scottsdale,AZ 85258
Joel Stern,City Attorney
Curtis Shook,City Manager
Kathy Connelly,City Clerk
City Council Members
Planning and Zoning Commission Members
Planning Division Staff
Case File BA -2-01