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HomeMy WebLinkAbout2004-02-09 BOA MINUTESBOARD OF ADJUSTMENT AND APPEALS CITY COUNCIL CHAMBERS MEETING OF FEBRUARY 9,2004 The regular meeting of the Board of Adjustment and Appeals of the City of Apache Junction,Arizona,was held on February 9,2004,at the Apache Junction City Council Chambers,pursuant to the notice required by law. SYNOPSIS Case BA -4-03 - Temporary Use Permit for overflow parking for LPGA Golf Tournament Case BA -5-03 -Reduction in off-street parking for Fatman's Pizza CALL TO ORDER Chairwoman Gardner called the meeting to order at 7:00 p.m. ROLL CALL Board Members Present:Chairwoman Mari Gardner Vice Chairwoman Sherri McGahan Board Member Carol Urich Board Member Dan Austin Board Member Judith Newman Board Member James Schecter Board Member Sandra Spelman Staff Present: ACCEPTANCE OF AGENDA Interim Development Services Director Rudy Esquivias Associate Planner Steve Abraham City Attorney Joel Stern Chairwoman Gardner requested that we move BA -5-03,a request by Paul and Ethel Marques,to be heard first on the agenda before BA -4-03. BOARD OF ADJUSTMENT AND APPEALS FEBRUARY 9,2004 PAGE 1 OF 19 BOARD MEMBERS AUSTIN/MCGAHAN M/S "I MOVE FOR THE APPROVAL OF THE AGENDA." MOTION CARRIED VOTE 7-0 BOARD MEMBERS URICH/NEWMAN M/S "I MOVE TO ACCEPT THE MINUTES OF SEPTEMBER 8,2003." MOTION CARRIED VOTE 5-0 (Vice Chairwoman McGahan and Board Member Spelman abstained due to absence from 9/8/03 meeting) PUBLIC HEARINGS BA -5-03 Paul & Ethel Marques Reduction in off-street parking) Chairwoman Gardner announced case BA -5-03.This is a request by Paul and Ethel Marques for a reduction in the off-street parking and loading requirements of Article 20 (Parking,Loading, and Interior or Private Street Standards)of the Zoning Ordinance.This request is being made pursuant to Section 11.0103(K)of the Zoning Ordinance which authorizes the Board of Adjustment to ..."Authorize a reduction of the off-street parking_requirements of Article 20 (of the Zoning Ordinance)if it should find that in the particular case,the peculiar nature of the building or premises or the exception,situation,or condition would mitigate the need for parking spaces specified".The subject property is a .56 gross -acre, CB -2 (General Business Zone)zoned property,located at 1985 W.Apache Trail, the southwest corner of the intersection of W.Apache Trail and Palo Verde Drive. Associate Planner Steve Abraham reported that this is a request by Paul and Ethel Marques to reduce the off- street parking requirements of Article 20 of the Zoning Ordinance.The applicants are requesting that the Board of Adjustment grant their request to reduce the amount of required parking to allow an expansion of a kitchen for BOARD OF ADJUSTMENT AND APPEALS FEBRUARY 9,2004 PAGE 2 OF 19 an existing restaurant/grill use into an adjoining occupancy in their commercial strip center.The owner of Fatman's Pizza wishes two courses of action.One is to move into a vacant 780 square foot area behind the suite, or to move the entire restaurant over one suite and make use of the entire suite and put the kitchen in the rear.The applicants require a reduction because the subject site does not provide enough parking for the existing uses.The applicant contends that a reduction is warranted because the existing uses on the site utilize the parking areas at different times of the day. The subject site is a CB -2 (General Business Zone)zoned,24,800 square foot (.57 acre)property,located on the southwestern corner of S.Palo Verde Drive and W.Apache Trail.On the lot are two structures.The largest structure is a five suite,± 8,500 square foot strip center.The building is "L"shaped and wraps around a central parking area.The other structure is an unoccupied 1,250 square foot single family residence located south of the main strip center building.The remainder of the site is utilized for 47 parking spaces. According to available records,the property was substantially developed in the early 1960's.At that time,it was under the jurisdiction of Pinal County. As the code is written today,the parking requirement for bars and restaurants is one (1)space per 75 gross square feet (gross is the outside perimeter of the structure).The parking regulations do not differentiate between on/off times as proposed by the applicant,yet it sets a particular requirement based on gross square foot basis.The parking regulations do not differentiate between food prep area and dining area.That is where the applicant's request lies.The code does not differentiate between eating and dining space, therefore,the restaurant expansion requires additional parking.The expansion of the kitchen,because of the above mentioned facets of the parking requirements,is a significant expansion of use over the previous use in that suite. In this particular case the Board is empowered to reduce the parking requirement if the Board finds that there are peculiar circumstances that would warrant a reduction.There are peculiar situations that add merit to the applicant's request: 1)The site was developed in the early 1960's,long before any modern development standards were adopted.The building has remained in its,as is,where is,condition since that time.Staff has met with the applicant on several occasions to determine if there are any BOARD OF ADJUSTMENT AND APPEALS FEBRUARY 9,2004 PAGE 3 OF 19 additional options to provide more parking.Staff determined that 12 additional spaces could be accommodated on site with the reorganization of parking spaces in the southwestern corner of the site,the demolition of an outdoor storage area,and relocation of a fence on the south side of the building. Mr.Abraham met with the applicants and they offered to make changes in the site,reorganizing,re -striping,and demolishing a portion of the building.I would like to add for the Board's consideration a photo of the outdoor area. The photo shows an outdoor storage area located behind the main suite of the bar restaurant/grill that they would like to locate into.I t is a basic brick enclosure with no roof over it.That structure would be removed and provide an additional parking space along the southern area of the site. City Attorney Joel Stern asked i f Mr.Abraham could mark this as staff's Exhibit "A",due to the fact that there is a court reporter here and this needs to go into the record.Because the court reporter is here,what each individual is saying is being recorded. Please state your name and talk slowly in order for the reporter to get all of the information.He asked Mr.Abraham if he would identify himself for the court reporter. Abraham,Associate Planner. to continue with his report. situations that add merit to the request: Mr.Abraham stated his name as Steve Chairwoman Gardner asked Mr.Abraham Mr.Abraham continued with the 2)The nature of the businesses do lend to a shared parking arrangement.The tax preparer and dune buggy shops close at 6:00 p.m.,while Fatman's prime operational hours are from 5:00 p.m.to 9:00 p.m.The applicant is purporting that the peak operational time of the bar is usually after 10:00 p.m.Staff advised the applicant to do a parking lot count during the processing of this request and present the finding to the Board. 3)In recent months serious discussion has beer given to the updating and the modification of our parking requirements.A -study was BOARD OF ADJUSTMENT AND APPEALS FEBRUARY 9,2004 PAGE 4 OF 19 conducted to see how other cities address parking for restaurants and several cities do not include non -dining areas as part of the parking calculations. How does all this relate to the Zoning Ordinance?The request in whole is being pursuant to the City of Apache Junction Zoning Ordinance Section 11.0103(k),which allows the Board to,"authorize a reduction of the off street parking and loading requirements of Article 20,if the Board should find that in the particular case,the peculiar nature of the building or premises or the exception,situation,or condition would mitigate the need for the parking spaces specified". As stated previously,the applicants assert that the nature of the existing uses warrant a reduction because the parking for each use peaks at a different time,meaning that when the tax preparation service is busy,the bar is not. Parking regulations are intended to prevent the negative impacts of traffic generated by a particular use on the surrounding area.When a use generates more need for parking than the site can accommodate two major things happen: 1)parking spills out into the street increasing traffic congestion,and 2)overflow parking need is absorbed by and affects neighboring properties. Staff offers to the Board two primary considerations: 1)Can the applicant prove the shared parking arrangement functions? 2)Do the neighbors object to the proposal? Parking is a neighborhood issue.Staff is primarily concerned with the residential zoned properties to the south that will be affected if the shared parking arrangement goes awry.Since this report,comments have come in from neighbors.The majority expressed indifferences.We asked several of the neighbors to attend the meeting to voice their opinions on this issue. We do have several conditions of approval: 1.The proposed kitchen expansion shall be limited to 780 square feet. 2.The existing bar/restaurant uses shall not be expanded upon except as conditioned herein or in compliance with the Zoning Ordinance. BOARD OF ADJUSTMENT AND APPEALS FEBRUARY 9,2004 PAGE 5 OF 19 3.The vacant 1,500 square foot occupancy shall be reserved for retail uses only unless a more intense use can be accommodated in compliance with applicable codes. 4.The parking lot shall be arranged and re -striped as depicted on the site plan in case file BA -5-03. 5.Any additional conditions the Board may deem necessary. The applicant has expressed two different situations.The one they like best is "Exhibit B".A site plan of the subject site shows parking spaces. As it exists today,the site is currently occupied by three primary uses; retail,office,and bar/restaurant. The dune buggy sales and accessory shop is 650 square feet,the tax preparation service is 650 square feet,the bar/restaurant is 4,500 square feet (Jake's O'Mine and Fatman's Pizza combined),and there is a vacant 2,280 square foot suite. The Board is respectfully reminded that some findings that could be cited with either approval or denial of this case are: 1)The proposed parking arrangement will/will not materially affect the health,safety and welfare of persons residing or working in the neighborhood. 2)The applicant is/is not consistent with the intent of the Zoning Ordinance. 3)The peculiar circumstances on the site (do/do not)warrant an adjustment of the parking regulations. Chairwoman Gardner asked if the applicant or representative would like to address the Board? Ethel Marques of Marques Properties,6602 E.Rustic Drive,Mesa,AZ,85215,addressed the Board.We are the present owners of Palo Verde Plaza.Ms.Marques presented a pictorial history of the parking.The pictures showed parking utilized in the front and relatively empty in the back of the building.The pictures were taken during the daytime and at night to indicate the number of parking spaces utilized. Numerous clientele arrive by motorcycle for Jake's.On Saturday i t shows the BOARD OF ADJUSTMENT AND APPEALS FEBRUARY 9,2004 PAGE 6 OF 19 entire side of the building completely empty.For the future of our property moving Fatman's completely into that space would be much better for the parking and for the neighborhood.As the pictures indicate most of the parking is in the front.There is hardly any parking in the back.If the pizza shop is permitted to move we will demolish the small building in that area. Chairwoman Gardner asked if there was anyone that would care to speak for or against this item? Pete Jacobs,841 N.97th Street, addressed the Board.I own Fatman's Pizza.We have outgrown our building. Twenty-five percent (25%)of our business is the diner.Most of the business is carry out and delivery.I f I move into the other suite it would be ideal to build a new restaurant when we move. Michael Thomas,1276 S.Valley Drive,A.J.,addressed the Board.I have been going to Fatman's Pizza for the past 3 years.I am disabled.I have a hard time getting around.I go to Fatman's once a month for dinner.I have never had a parking issue.I have been there at different times and never had a problem with the parking. Kent Young,725 W.Lost Dutchman, A.J.,addressed the Board.I am the owner of Jake's.The business (Fatman's)is usually from 5 p.m.until 9 p.m.and the business drops off and mine picks up.We haven't had a problem with the parking.I think he would like to move to improve the kitchen and dining area. Gary Sterk,1502 S.Warner Drive, A.J.,addressed the Board.I think if we have a mom & pop business that is flourishing we should allow them to grow.I have been doing business at Fatman's and Jake's for over a decade and I never consider parking to be an impediment.This business is a benefit in the community and they are very personable.The food is very good.We need to embrace that quality and allow them to flourish. Richard Kasprzak,1944 S.Apache Drive,A.J.,addressed the Board.My plan is,if the restaurant flourishes and stays in Apache Junction,I will buy a house here.If the space isn't adequate for his business and he has to move,I will buy a house somewhere else. BOARD OF ADJUSTMENT AND APPEALS FEBRUARY 9,2004 PAGE 7 OF 19 James Priest,1248 S.Valley Drive, A.J.,addressed the Board.If you were put in a position where you had to order a pizza for your family and delivery time was 1-2 hours and you had to feed your family,what would you do?You would pick up the phone and call the other guy.I enjoy his pizza and I don't want to call the corporate chain. He needs the space and needs the oven room.Anything you can do to Apache Junction to improve customer service and the quality of life is basically the duty of the Board.I've been to this restaurant.I have never had to park either in front or on the corner of the building.I would like to see the Board approve this issue to make the improvement and actually improve the facility.I would hope that this is passed by the Board. Chairwoman Gardner asked if there was anyone that would care to speak for or against this issue?Hearing none, the public hearing is closed and opened for discussion among the Board members. Board Member Urich asked Mr.Jacobs if delays in getting the pizza delivered have been a reoccurring problem? Mr.Jacobs said absolutely.As the business has increased there is not enough room for staff to work in this small area and not enough counter space and oven space to do more pizzas. Sometimes people do have to wait too long for their orders.I need to expand this kitchen. Board Member Schecter said I heard you say that with the expansion you hoped to increase the percentage of people that dine in. Mr.Jacobs remarked,I don't believe I said that. Board Member Schecter asked Mr. Jacobs if he could clarify the percentage between how much is delivery versus dine -in business? Mr.Jacobs said approximately 25%is dine -in right now.Like any other restaurant here I would like to increase my inside sales.I have pin ball games that I would like to put in.I would like to increase i t 15-20%. BOARD OF ADJUSTMENT AND APPEALS FEBRUARY 9,2004 PAGE 8 OF 19 Chairwoman Gardner announced that the public hearing is reopened for further questions by the Board. Board Member Austin said presently there are 47 spaces.What is the plan for the re -stripping and the demolition of the structure?How much will i t increase the parking? Ms.Marques answered that it would increase it to 62 spaces. Associate Planner Steve Abraham replied 47 plus 12 extra spaces. Board Member Schecter noted that along Palo Verde next to 2 vacant buildings there are parking spaces.Would it be feasible to divert traffic along the site or in the back? Associate Planner Steve Abraham asked Board Member Schecter if he was referring to signage as to parking in the rear? Board Member Schecter replied whatever it would take to move traffic to the areas that have been denoted as rarely used. Associate Planner Steve Abraham said the Board could stipulate that signage be posted on the building to indicate parking in rear or the spaces stripped in a manner that says more parking in rear.The signage would have to be in compliance with the Sign Code. Board Member Urich said there doesn't seem like a need to destroy that building based on the pictures. There is plenty of parking in the rear. Mrs.Marques said that by knocking down that courtyard we feel we can only increase it by 2 spaces.I t is deeper than i t is wider.We have to go with the width of the measurement rather than the depth.If we could park straight in we could get 4 or 5 cars but we can't do it that way.We need to do i t in a way that i t can be accessed easily in and out.By knocking out that building we would add 2 extra spaces. BOARD OF ADJUSTMENT AND APPEALS FEBRUARY 9,2004 PAGE 9 OF 19 Associate Planner Steve Abraham said with re -stripping it would be 12,without the building it would be 11. Board Member Gardner asked if there was anyone that would care to speak for or against this issue?Hearing none, the public hearing is closed and a motion will be entertained. BOARD MEMBERS MCGAHAN/SPELMAN M/S "I MOVE THAT BA -5-03,A REQUEST BY PAUL AND ETHYL MARQUES,FOR A REDUCTION OF THE OFF-STREET PARKING REQUIREMENTS BE APPROVED WITH THE FOLLOWING CONDITIONS OF APPROVAL: 1)FATMAN'S PIZZA BE ALLOWED TO MOVE THE ENTIRE RESTAURANT AND KITCHEN INTO THE 2,000 SQUARE FOOT SPACE NEXT DOOR TO THE CURRENT LOCATION AT THE END UNIT. 2)THE PROPOSED KITCHEN EXPANSION SHALL BE LIMITED TO 780 SQUARE FEET. 3)THE EXISTING BAR/RESTAURANT USES SHALL NOT BE EXPANDED UPON EXCEPT AS CONDITIONED HEREIN OR IN COMPLIANCE WITH THE ZONING ORDINANCE. 4)CODE COMPLIANCE SIGNAGE DEPICTING ADDITIONAL PARKING IN THE REAR BE POSTED. 5)THE PARKING LOT SHALL BE ARRANGED AND RE -STRIPED. 6)THE VACANT 1,500 SQUARE FOOT OCCUPANCY SHALL BE RESERVED FOR RETAIL USES ONLY UNLESS A MORE INTENSE USE CAN BE ACCOMMODATED IN COMPLIANCE WITH APPLICABLE CODES. THE SUGGESTED FINDINGS ARE AS FOLLOWS: 1.THE PROPOSED PARKING ARRANGEMENT WILL NOT MATERIALLY AFFECT THE HEALTH, SAFETY AND WELFARE OF PERSONS RESIDING OR WORKING IN THE NEIGHBORHOOD. 2.THE PECULIAR CIRCUMSTANCES ON THE SITE DO WARRANT AN ADJUSTMENT OF THE PARKING REGULATIONS." MOTION CARRIED VOTE OF 7-0 BOARD OF ADJUSTMENT AND APPEALS FEBRUARY 9,2004 PAGE 10 OF 19 City Attorney Joel Stern asked the Board i f it would be possible to take a five minute break at this time? Chairwoman Gardner reconvened the meeting after a short break and announced the next case. BA -4-03 Temporary Use Permit Superstition Mountain Properties) Chairwoman Gardner announced case BA -4-03.This is a request for a Temporary Use Permit by Superstition Mountain Properties,Inc.,represented by Phil Edlund,requesting to be allowed to use approximately 108 acres of vacant GR (General Rural)zoned, State Trust Land for overflow parking for a LPGA Golf Tournament,which will be held in Gold Canyon.This request is pursuant to the Apache Junction Zoning Ordinance,Section 11.0103(N),which empowers the Board of Adjustment 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 (Zoning) Ordinance...."The subject site is located inside the City of Apache Junction city limits,along the south side of U.S.Highway 60 and west of the South Barkley Road alignment. Associate Planner Steve Abraham reported that SMPI (Superstition Mountain Properties.Inc.)is requesting that the Board grant their request to use 108 acres of vacant State Trust Land inside the city limits for a temporary parking lot for an LPGA golf tournament held in Gold Canyon.The parking lot is intended to accommodate up to 10,000 vehicles for the week of March 15,2004.The lot will be located on the southwesterly side of U.S.60,across from Superstition Mountain Drive.SMPI intends to renew their lease with the State Land Department conditioned upon the securing of prior city approval and the appropriate permits. This application is a renewal of a Temporary Use Permit issued by the Board in December of 2001.Among the conditions of approval,SMPI is required to coordinate the parking activities with appropriate public safety agencies, environmental groups,and the salvaging and re -vegetation of native plant materials.The applicants attest that they will operate the parking lot in the same manner as approved prior and are agreeable to the same conditions of approval. The request is being made pursuant to the City of Apache Junction Zoning BOARD OF ADJUSTMENT AND APPEALS FEBRUARY 9,2004 PAGE 11 OF 19 Ordinance,Section 11.0103(h).The request is temporary in nature (one week annually)and does not involve the construction of any buildings.I t is located in a zoning district which does not allow this use.Therefore,the Board of Adjustment is the appropriate forum for a request of this type. The subject site is designated Park/Golf Course and Business Park/Industrial on the General Plan. Access to the parking lot is from a gate about 500 feet northwest of the intersection of U.S.60 and Superstition Mountain Drive.Shuttles will transport people from the lot to the golf course in a similar manner as the "Traditions"event.Between the lot and U.S.60 will be a 280 foot wide natural desert buffer area planted with salvaged plant material from the "Traditions"event. In late 2001,SMPI's Temporary Use Permit application was forwarded to several stakeholders for comment and review.Among the agencies were ADOT,SALT, Pinal County Sheriff,and the Army Corps of Engineers.Staff included in the recommendation of the previous Temporary Use Permit very strict operational guidelines upon recommendation from these agencies.Several of the previous conditions have been included in the recommended motion portion of the staff report.As of the writing of this staff report,staff has received minimal input from reviewing agencies.Input received was a verbal comment from ADOT. They were alright with the event and that the permit for the driveway into the parking lot was still valid. Dust control will be managed by a special product which claims to control dust,not make mud,and be environmentally safe.This product was used in 2001 and was successful in accomplishing proper dust control.The lighting will be turned off promptly at 10 p.m.(MST).Stipulations addressing dust control and outdoor lighting have been included in the recommended motion portion of the staff report. Since the "Traditions"event was held in early 2002,staff has not received any negative comments in regards to the manner in which the parking lot was operated. It would appear that the operational controls of the last Temporary Use Permit were successful in addressing many of the City and reviewing agencies concerns.The "Traditions"did attract many people and it was nationally televised.It would be good for the City of Apache Junction to be recognized as part of this Temporary Use Permit and part of the LPGA event. BOARD OF ADJUSTMENT AND APPEALS FEBRUARY 9,2004 PAGE 12 OF 19 We have several conditions of approval as follows: 1)Superstition Mountain Properties,Inc.(SMPI),shall design and operate the temporary parking lot for the LPGA golf event as represented in the application,letters,and drawings submitted with case file BA -4-03,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 Pinal County Sheriff's Office,every year that the LPGA event is held.SMPI shall hire off -duty police officers to coordinate traffic in and out of the parking area and through the adjacent intersection.A traffic management plan shall be submitted to appropriate public safety agencies 30 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 minimize disturbing 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.Prior to clearing the parking area,SMPI 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 plants. 5)Any grading for the parking lot shall be -done prior to March 1,2004,to avoid 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 allow for cattle grazing. 7)Prior to each year that the event is held,SMPI shall re -grade any portions of the northerly side frontage road and the south side Guadalupe Avenue alignment required for access into and out of the parking area. BOARD OF ADJUSTMENT AND APPEALS FEBRUARY 9,2004 PAGE 13 OF 19 8)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 the air quality control requirements. SMPI shall contact the Pinal County Air Quality Control District for information about acceptable compliance standards. 9)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 U.S.60,be turned off prior to 10 p.m.(MST) on event nights,and shall not be used any other times than event nights. 10)SMPI and their subcontractors shall contact the City's Business License Office regarding any business license requirements for the operation of the parking lot. 11)Once the land is no longer needed for the LPGA 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 Department or Development Services Department.The posting of a bond for this purpose shall be part of -the lease agreement. With recommended approval,findings that the Board may cite for the approval are as follows: 1.With proper controls and a commitment from the applicant 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 not)be iproperly buffered from the highway and (will/will not)negatively affect surrounding development. 3.Allowing this temporary use (does/does not)conflict with the provisions of the City's Zoning Ordinance or General Plan. Chairwoman Gardner asked if the applicant or representative would like to address the Board? Phil Edlund,8777 N.Gainey Center Drive #205,Scottsdale,AZ,addressed the Board.I do in-house legal BOARD OF ADJUSTMENT AND APPEALS FEBRUARY 9,2004 PAGE 14 OF 19 work for Superstition Mountain Properties,Inc..The last tournament was a senior championship tournament.We are now having the LPGA event.They have decided to come out here.It will be sponsored by Safeway.It will be known as the Safeway International.It will be internationally televised.It will have a lot of national publicity for this area.We are all very excited about it.It will be the week of March 15,2004.I will answer any questions from staff. Board Member Schecter asked how many had attended the last tournament? Mr.Edlund replied the most that attended was approximately 15-20,000 which was on a weekend.We are not sure how many will attend this year. Board Member Schecter asked what would be the contingent plan if it rains that week? Mr.Edlund replied that the area can absorb a great deal of water.The county was concerned about the dust control.There was not a problem with the dust. week was it played last year? two years ago. Board Member Schecter asked what Mr.Edlund said it was in April, Board Member Schecter asked i f other wildlife would be impacted a month prior to clearing? Mr.Edlund answered that SALT designated the day.They were worried about the quail nesting season. Chairwoman Gardner commented if you had the ground cleared a couple of years ago,the quail have probably relocated.I don't think it would be an issue. Mr.Edlund said we worked around little washes so we didn't have to remove the palo verde and mesquites.We tried to be careful and not just scrape the area flat. BOARD OF ADJUSTMENT AND APPEALS FEBRUARY 9,2004 PAGE 15 OF 19 Chairwoman Gardner asked if there was anyone that would care to speak for or against this issue?Hearing none, the public hearing is closed and a motion will be entertained. BOARD MEMBERS URICH/NEWMAN M/S "I MOVE THAT CASE BA -4-03,A REQUEST BY SUPERSTITION MOUNTAIN PROPERTIES,INC.,REPRESENTED BY PHIL EDLUND,FOR A NINE (9)MONTH TEMPORARY USE PERMIT FOR A TEMPORARY PARKING LOT FOR A LPGA GOLF TOURNAMENT,ON A 108 -ACRE STATE TRUST LAND PROPERTY,LOCATED SOUTHWESTERLY OF THE INTERSECTION OF U.S.60 AND SUPERSTITION MOUNTAIN DRIVE,BE APPROVED WITH THE FOLLOWING RECOMMENDED CONDITIONS OF APPROVAL: 1)SUPERSTITION MOUNTAIN PROPERTIES,INC.(SMPI),SHALL DESIGN AND OPERATE THE TEMPORARY PARKING LOT FOR THE LPGA GOLF EVENT AS REPRESENTED IN THE APPLICATION,LETTERS,AND DRAWINGS SUBMITTED WITH CASE FILE BA -4-03,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 PINAL COUNTY SHERIFF'S OFFICE,EVERY YEAR THAT THE LPGA EVENT IS HELD.SMPI SHALL HIRE OFF -DUTY POLICE OFFICERS TO COORDINATE TRAFFIC IN AND OUT OF THE PARKING AREA AND THROUGH THE ADJACENT INTERSECTION.A TRAFFIC MANAGEMENT PLAN SHALL BE SUBMITTED TO APPROPRIATE PUBLIC SAFETY AGENCIES 30 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 MINIMIZE DISTURBING 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.PRIOR TO CLEARING THE PARKING AREA,SMPI 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 PLANTS. BOARD OF ADJUSTMENT AND APPEALS FEBRUARY 9,2004 PAGE 16 OF 19 5)ANY GRADING FOR THE PARKING LOT SHALL BE DONE PRIOR TO MARCH 1,2004,TO AVOID 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 ALLOW FOR CATTLE GRAZING. 7)PRIOR TO EACH YEAR THAT THE EVENT IS HELD,SMPI SHALL RE -GRADE ANY PORTIONS OF THE NORTHERLY SIDE FRONTAGE ROAD AND THE SOUTH SIDE GUADALUPE AVENUE ALIGNMENT REQUIRED FOR ACCESS INTO AND OUT OF THE PARKING AREA. 8)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 THE AIR QUALITY CONTROL REQUIREMENTS. SMPI SHALL CONTACT THE PINAL COUNTY AIR QUALITY CONTROL DISTRICT FOR INFORMATION ABOUT ACCEPTABLE COMPLIANCE STANDARDS. 9)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 U.S.60,BE TURNED OFF PRIOR TO 10 P.M.(MST)ON EVENT NIGHTS,AND SHALL NOT BE USED ANY OTHER TIMES THAN EVENT NIGHTS. 10)SMPI AND THEIR SUBCONTRACTORS SHALL CONTACT THE CITY'S BUSINESS LICENSE OFFICE REGARDING ANY BUSINESS LICENSE REQUIREMENTS FOR THE OPERATION OF THE PARKING LOT. 11)ONCE THE LAND IS NO LONGER NEEDED FOR THE LPGA 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 DEPARTMENT OR DEVELOPMENT SERVICES DEPARTMENT.THE POSTING OF A BOND FOR THIS PURPOSE SHALL BE PART OF THE LEASE AGREEMENT. FINDINGS ARE TO INCLUDE: 1.WITH PROPER CONTROLS AND A COMMITMENT FROM THE APPLICANT 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 SURROUNDING DEVELOPMENT. BOARD OF ADJUSTMENT AND APPEALS FEBRUARY 9,2004 PAGE 17 OF 19 3.ALLOWING THIS TEMPORARY USE DOES NOT CONFLICT WITH THE PROVISIONS OF THE CITY'S ZONING ORDINANCE OR GENERAL PLAN." MOTION CARRIED VOTE 7-0 OLD BUSINESS None NEW BUSINESS None REQUEST OF STAFF None INFORMATION AND REPORTS Development Services Director Rudy Esquivias reported that the Planning staff is getting ready to work on General Plan amendments to bring the City's Plan into compliance with the Growing Smarter Plus.It requires us to add a water resource element to our General Plan and also a major and minor amendment to our General Plan.We will be expanding our planning area.We have hired a consultant to assist the Sewer District to do a waste water management plan.You will be getting new Copies of the revised General Plan as soon as the changes are approved and completed. SELECTION OF MEETING DATE,TIMES,LOCATIONS,AND PURPOSES BOARD MEMBERS URICH/SPELMAN 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 MARCH 8,2004 IN THE CITY COUNCIL CHAMBERS." MOTION CARRIED VOTE OF 7-0 Chairwoman Gardner announced there being no further business to discuss,and with no objections,this meeting is adjourned at 8:00 p.m. BOARD OF ADJUSTMENT AND APPEALS FEBRUARY 9,2004 PAGE 18 OF 19 MA lei6PRDIN E CHAIRWOMAN RUDY DEVELOPMENT SERVICES DIRECTOR BOARD OF ADJUSTMENT AND APPEALS FEBRUARY 9,2004 PAGE 19 OF 19 ORDER BOARD OF ADJUSTMENT AND APPEALS CITY OF APACHE JUNCTION,ARIZONA CASE NO.BA -4-03 DATE OF PUBLIC HEARING: APPLICANTS: PROPERTY LOCATION: TAX ASSESSOR'S PARCEL #: SIZE OF SUBJECT PARCEL: ZONING DISTRICT: REQUEST: February 9,2004 Superstition Mountain Properties, Incorporated,represented by Phil Edlund, Vice President The subject site is a "V"-shaped property located on the southwestern side of US60,north of the Guadalupe Avenue alignment and west of the Superstition Mountain Drive and US60 intersection (a complete legal description is contained in case file BA -4-03). 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 establishing a temporary parking lot for up to 10,000 vehicles for a LPGA Golf Tournament located at the Superstition Mountain Golf and Country Club in unincorporated Pinal County. ORDER -BOARD OF ADJUSTMENT AND APPEALS CASE BA -4-03 (Phil Edlund,Superstition Mountain Properties,Inc.) PAGE 1 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 0-0, which empowers the Board 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, 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 Urich/Newman: "I move that case BA -4-03,a request by Superstition Mountain Properties,Inc.,represented by Phil Edlund,for a 9 -month Temporary Use Permit for a temporary parking lot for a LPGA Golf Tournament,on a 108 -acre State Trust Land property,located southwesterly of the intersection of the U.S.60 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 LPGA golf event as represented in the application,letters and drawings submitted with case file BA -4-03,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 Pinal County Sheriff's Office,every year that the LPGA event is held.SMPI shall hire off -duty police officers to coordinate traffic in and out of the parking area and through ORDER -BOARD OF ADJUSTMENT AND APPEALS CASE BA -4-03 (Phil Edlund,Superstition Mountain Properties,Inc.) PAGE 2 OF 5 the adjacent intersection.A traffic management plan shall be submitted to appropriate public safety agencies thirty (30)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 minimize disturbing 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.Prior to clearing the parking area,SMPI 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 plants. 5.Any grading for the parking lot shall be done prior to March I, 2004,to avoid 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 allow for cattle grazing. 7.Prior to each year that the event is held,SMPI shall re -grade any portions of the northerly side frontage road and the south side Guadalupe Avenue alignment required for access into and out of the parking area. 8.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 the air quality control requirements.SMPI shall contact the Pinal County Air ORDER -BOARD OF ADJUSTMENT AND APPEALS CASE BA -4-03 (Phil Edlund,Superstition Mountain Properties,Inc.) PAGE 3 OF 5 Quality Control District for information about acceptable compliance standards. 9.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 U.S.60,be turned off prior to 10 p.m.(MST)on event nights,and shall not be used any other times than event nights. 10.SMPI and their subcontractors shall contact the City's Business License office regarding any business license requirements for the operation of the parking lot. 11.Once the land is no longer needed for the LPGA 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 Department or Development Services Department.The posting of a bond for this purpose shall be part of the lease agreement. Findings for Decision: 1)With proper controls and a commitment from the applicant 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 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 7-0. ORDER -BOARD OF ADJUSTMENT AND APPEALS CASE BA -4-03 (Phil Edlund,Superstition Mountain Properties,Inc.) PAGE 4 OF 5 SIGNED: '-7 — MARl GARDNER,CHAIRWOMAN DATE ATTEST: RU BOAR Ad.- OF , QU 414 OF)0., 3(51/a4XECUTIVE SECRETARY DATE ( NT AND APPEALS cc:(Applicant)Superstition Mountain Properties,Inc., Phil Edlund,8777 N.Gainey Center Drive #205,Scottsdale,AZ 85258 Joel Stern,City Attorney George Hoffman,City Manager Kathy Connelly,City Clerk City Council. Members Planning and Zoning Commission Members Rudy Esquivias,Development Services Director Planning Division Staff Case File BA -4-03 ORDER,- BOARD OF ADJUSTMENT AND APPEALS CASE BA -4-03 (Phil Edlund,Superstition Mountain Properties,Inc:) PAGE 5 .0F,5 ORDER BOARD OF ADJUSTMENT AND APPEALS CITY OF APACHE JUNCTION,ARIZONA CASE NO.BA -5-03 DATE OF PUBLIC HEARING: APPLICANTS: PROPERTY LOCATION: TAX ASSESSOR'S PARCEL #: SIZE OF SUBJECT PARCEL: ZONING DISTRICT: REQUEST: BOARD AUTHORIZATION: February 9,2004 Paul and Ethel Marques (Property Owners) The southwest corner of the intersection of South Palo Verde Drive and West Apache Trail.Legally described as Lot 1,Boila Tracts,a subdivision recorded in Book 8 of Maps,page 47,in the office of the Recorder of Pinal County,Arizona.More commonly known as 1985 West Apache Trail, Apache Junction,Arizona,85220 Map 101-09-001 ±24,800 square feet CB -2 (General Business Zone),Zoning Ordinance,Section 16.0200 The applicants are requesting reduction of the off-street parking requirements of Article 20 of the Zoning Ordinance to allow a 780 square foot kitchen expansion for an existing pizza restaurant and grill. Pursuant to the Apache Junction City Code,Volume II,Land Development Code, Chapter 1,Zoning Ordinance,Article 11, Section 11.0103 Powers,Subsection 00, which empowers the Board to: ORDER -BOARD OF ADJUSTMENT AND APPEALS CASE BA -5-03 (Paul and Ethel Marques) PAGE 1 OF 3 "Authorize a reduction of the off-street parking and loading requirements of Article 20 if it (the Board of Adjustment)should find that in the particular case,the peculiar nature of the building or premises or the exception,situation,or condition would mitigate the need for the parking spaces specified..." Board of Adjustment Action:Motion and Second by Vice Chairwoman McGahan and Board Member Selman: "I move that case BA -5-03,a request by Paul and Ethel Marques,for a reduction of the off-street parking requirements pursuant to the City of Apache Junction Zoning Ordinance Section 11.0103(K),on a .57 acre development site located on the southwest corner of the intersection of West Apache Trail and South Palo Verde Drive be APPROVED." The Conditions of Approval are: 1.Fatman's Pizza shall be allowed to relocate the entire restaurant and kitchen to the 2,280 square foot end -cap suite next door to the east of the existing location. 2.The proposed kitchen expansion shall be limited to 780 square feet. 3 The existing bar/restaurant uses shall not be expanded upon except as conditioned herein or in compliance with the Zoning Ordinance. 4.Signage displaying the words "additional parking in rear"that is compliant with the provisions of Article 21 of the Zoning Ordinance be posted. 5.The parking lot shall be arranged and re -striped as depicted on the site plan in case file BA -5-03. ORDER -BOARD OF ADJUSTMENT AND APPEALS CASE BA -5-03 (Paul and Ethel Marques) PAGE 2 OF 3 6.The vacant 1,500 square foot occupancy shall be reserved for retail uses only unless a more intense use can be accommodated in compliance with applicable codes. Findings for Decision: 1)The proposed parking arrangement does not materially affect the health,safety and welfare of persons residing or working in the neighborhood. 2)The peculiar circumstances on the site does warrant an adjustment of the parking regulations. MOTION PASSED,VOTE 7-0. SIGNED: iz7,(ez; M GARDNER,CHAIRWOMAN DATE BOARD OF ADJUSTMENT AND APPEALS ATTEST: RUD4tOUI$914?! BOARDIOF ADJUSTENT AND APPEALS VE SECRETARY DATE cc:(Applicant)Paul and Ethel Marques,6602 E.Rustic Drive,Mesa.AZ 85215 Joel Stern.City Attorney George Hoffman.City Manager Kathy Connelly,City Clerk City Council members Planning and Zoning Commission Members Rudy Esquivias,Development Services Director Planning Division Staff Case File BA -5-03 ORDER -BOARD OF ADJUSTMENT AND APPEALS CASE BA -5-03 (Paul and Ethel Marques) PAGE 3 OF 3