HomeMy WebLinkAbout2005-02-14 BOA MINUTESORDER
BOARD OF ADJUSTMENT AND APPEALS
CITY OF APACHE JUNCTION,ARIZONA
CASE NO.BA -5-04
DATE OF PUBLIC HEARING:
APPLICANTS:
PROPERTY LOCATION:
TAX ASSESSOR'S PARCEL #:
SIZE OF SUBJECT PARCEL:
ZONING DISTRICT:
REQUEST:
February 14,2005
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),ZOninq 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 -5-.04 (Phil :EdIUnd,Superstition,Mountain:Properties,Inc.)
PAGE 1 OF 6
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: andSecond by Board Members
Urich/McGahan:
"I move that case BA -5-.04,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-theAPGA golf 'event as
.represented in the application, letters and drawings submitted::
with case.file BA -5-04,- or as otherwise conditioned herein.
2.• SMPI shall be responsible for coordinating with and obtaining
assistance from the appropriate public safetyagencies including
the.Apache.Junction POTice-Department,the Arizona Department of
Public Safety,and Pinal County Sheriff's Office,_every.year that
the LPGA,event SMPI shall hire off -duty potice_officers
to coordinate traffic_in-and out.of the.parking area and through
ORDER -BOARD OF ADJUSTMENT ANDAPPEALS
CASE BA.L5-04 Phil!lEdlund,-Superstition Mountain Properties,Inc.)
PAGE 2 OF 6,
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 1,
2005,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.The Apache Junction Fire District has requested that adequate
emergency access clearance and turning radius for fire apparatus
be ensured and that there be an all-weather surface with adequate
compaction for emergency vehicles on all main fire lanes.
ORDER -BOARD OF ADJUSTMENT AND APPEALS
CASE BA -5-04 (Phil Edlund,Superstition Mountain Properties,Inc.)
PAGE 3 OF 6
9.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.A dust control measure needs to be used
during the event to minimize the visible emissions from arising
from the parking lot.Some of the control measures include:
pre -wetting,site stabilization,chemical stabilizers,or dust
suppressant.SMPI shall contact the Pinal County Air
Quality Control District for information about acceptable
compliance standards.
10.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.
11.SMPI and their subcontractors shall contact the City's Business
License office regarding any business license requirements for
the operationof the parking lot.
12.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.
ORDER -BOARD OF ADJUSTMENT AND APPEALS
CASE BA -5-04 (Phil Edlund,Superstition Mountain Properties,Inc.)
PAGE 4 OF 6
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.
SIGNED:
MOTION PASSED,VOTE 7-0.
J—--co
RI GARDNER,CHAIRWOMAN DATE
ATTEST:
RUDY
BOAR
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3711 AnJUSAENT AND APPEALS
1/6/06
VE SECRETARY DATE
ORDER -BOARD OF ADJUSTMENT AND APPEALS
CASE BA -5-04 (Phil Edlund,Superstition Mountain Properties,Inc.)
PAGE 5 OF 6
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 -5-04
ORDER -BOARD OF ADJUSTMENT ANDAPPEALS
CASE BA -L5-04 (PhirEdlund,Superstition Mountain Properties,Inc.)
PAGE &OF 6
BOARD OF ADJUSTMENT AND APPEALS
CITY COUNCIL CHAMBERS
MEETING OF FEBRUARY 14,2005
The regular meeting of the Board of Adjustment and Appeals of the City.
of Apache Junction,Arizona,was held on February 14,2005,at the Apache.
Junction City Council Chambers,pursuant to the notice required by law.
SYNOPSIS
BA -5-04 - Temporary Use Permit by Superstition -Mountain Properties
Parking for LPGA Golf Tournament
CALL TO ORDER
.Chairwoman Gardner called the meeting to order at 7:03 p.m.
ROLL CALL
Board Members Present:Chairwoman Mari Gardner
Board Member Carol Urich
Board Member Sandra SpeTman
Board Member Dan Austin
Board Member Pasquale D'Amico
•Board Member Judith Newman
Staff Present:Associate Planner Steve Abraham
ACCEPTANCE OF AGENDA
AGENDA."
abstained)
BOARD OF ADJUSTMENT AND APPEALS
FEBRUARY 14,2005
PAGE 1 OF 18
BOARD MEMBERS AUSTIN/NEWMAN M/S •
"I MOVE FOR THE APPROVAL OF THE
MOTION CARRIED
VOTE 6-0 (Board Member*McGahan
PUBLIC HEARINGS
BA -5-04
Temporary Use Permit
Superstition Mountain Properties
Parking for golf tournament)
Associate Planner Steve Abraham
reported that this is a request for a nine (9)month temporary use permit by
Superstition Mountain Properties (SMPI)by Phil Edlund.SMPI 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 one week in March of 2005.It will be March 14 through March 20.
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
February of 2004.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 plan
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.
This request is being made pursuant to Section 11.0103(h)of the Zoning -
Ordinance.This request is temporary in nature (1 week annually)and does not
involve the construction of any buildings,and 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.
Since the "Traditions"event was held in early 2002,or the LPGA event last
year,staff has not received any negative_ comments:It would appear that the
operational controls and mitigation measures required of SMPI's previous'
temporary use permit significantly redUced'the potential of negative
consequences of what turned out to be a major nationallytelevised sporting
-event.Staff alsorespectfully reminds the Board that findings must be cited
to justify approval or denial.Staff recommends approval- subject to
conditions as listed in the staff report,
BOARD OF ADJUSTMENT AND APPEALS
FEBRUARY 14,2005
PAGE 2 OF 8
Chairwoman Gardner asked if this is the same thing that we had before?
Associate Planner Steve Abraham said exactly the same.
Board Member D'Amico asked why is a 9 month given for 1 week?You said other
events and i t states only one event.
Associate Planner Steve Abraham said he meant that to mean that in the
reseeding of the area won't be done until any golf event there won't be done
again.That is where that stipulation came from.
Board Member D'Amico asked that if this golf event doesn't occur ever in the
future,it only means this event.
Associate Planner Steve Abraham said.right.
Board Member D'Amico said one event a year.If they have another event two
weeks later?
Associate Planner Steve Abraham said other events,meaning that if this golf
event doesn't occur ever again,meaning,they don't want to use i t for this
purpose.
Board Member D'Amico asked and they have another event?
Associate Planner Steve Abraham said no,just for this event.
Board Member D'Amico ask why is 9 months given for 1 week?
Associate Planner Steve Abraham said the 9 month temporary use permit is
allowed by the Zoning Ordinance and i t is the only type of temporary use
permit that the Zoning Ordinance allows.
Chairwoman Gardner said so even if they use i t for just 1 week we still give
them 9 months,because that is the way the rule is written.
Board Member D'Amico asked what if someone else wants to use that between that
9 month period what happens then?
Associate Planner Steve Abraham said i t is not stipulated that they can use i t
again.
BOARD OF ADJUSTMENT AND APPEALS
FEBRUARY 14,2005
PAGE 3 OF 8
Board Member D'Amico asked so no one else can use i t in that 9 month period?
Associate Planner Steve Abraham said that is right.If you wanted to do that
you can add that stipulation to this code.
Board Member D'Amico commented that he thinks i t should be.
Chairwoman Gardner asked you are saying that you don't feel that enyone else
should be able to use that 9 month permit without coming back to us?
Board Member D'Amico said after 9 months.Other people could only use it the
next 3 months.The only time they could use i t is for this event.
Board Member Austin said what is happening here is the permit is only for this
event.Even though i t is 9 months.If they do not have an event or when they
are through there are no more events.
Board Member Austin said there is only the intention to do this 1 week.
Chairwoman Gardner said she wanted to clarify that what you were saying is
what I understood that you said.
Board Member D'Amico said he wanted to know if it could be used another time
after this event during that 9 months.
Chairwoman Gardner said probably not.They. have the sole use of i t for the 9
months,but they are only using i t for 1,week.I don't think we need to
attach anything else to it:
Board Member D'Amico said he just wanted to know why.
Chairwoman Gardner asked if there are any more questions of staff?Would the
applicant wish to address the Board?Please state your name and address for
the record-.
Phil Edlund,8777 N.Gainey Center Drive,#205,Scottsdale,addressed the
Board.I just want you to know we are real excited about this and it will
make nice publicity for this area and to the whole Phoenix area.We are very
conscious about how the parking lot operated.The outside contractor works
closely with -ADOT.There is traffic,but it will bring lots of people out
BOARD OF ADJUSTMENT AND APPEALS
FEBRUARY 14,2005
PAGE 4 OF 8
here to see this area,.It was,very,very successful last year.We have no
problems with stipulations that staff has suggested.
Chairwoman Gardner asked ifanyone had.anyluestions for the!applicant.
Board Member Austin asked Of theHand that was:used,what was thetapacity?'-
Did ,you use about half?
Mr.Edlund said he didn't think -they ever got close to usingJull capacity
(holds 10,000 cars)We preserved all the natural washes and drainageiareas.,
We also buffered the back -.inaudible (sirens in background)
Board Member: Austin said unless you are looking carefully,you don't even: see
the parking- area ,.
Chairwoman Gardner .announced hearing no further questions,this part of the
meeting is closed,Do:any. Board nembers have..any 'discussions before vote is
taken?Hearing none,I Will call for a motion.:
BOARD MEMBERS URICH/MCGAHAN MIS
"I MOVE THAT CASE BA -5-04,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
WITH THE FOLLOWING RECOMMENDED CONDITIONS:
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 -5-04,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
BOARD OF ADJUSTMENT AND APPEALS
FEBRUARY 14,2005
PAGE 5 OF 8
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-LOTESHALL.BE DONE PRIOR TO MARCH 1, 2005, 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)THE APACHE JUNCTION FIRE DISTRICT HAS REQUESTED THAT ADEQUATE EMERGENCY
ACCESS CLEARANCE AND TURNING 'RADIUS FOR FIE APPARATUS BE ENSURED AND
THAT THERE BE AN ALL WEATHER SURFACE WITH ADEQUATE COMPACTION FOR
EMERGENCY VEHICLES ON ALL MAIN FIRE LANES.
9)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.
ADUST CONTROL MEASURE NEEDS TO BE USED DURING THE EVENT TO MINIMIZE THE
VISIBLE EMISSIONS FROM ARISING FROM THE PARKING LOT.SOME OF THE CONTROL
MEASURES INCLUDE:PRE -WETTING, SITE STABILIZATION, CHEMICAL STABILIZERS,
OR DUST SUPPRESSANT.SMPI SHALL CONTACT THE PINAL COUNTY AIR QUALITY
BOARD OF ADJUSTMENT AND APPEALS
FEBRUARY 14, 2005
PAGE 6 OF 8
CONTROL DISTRICT FOR INFORMATION ABOUT ACCEPTABLE COMPLIANCE STANDARDS.
10)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.
11)SMPI AND THEIR SUBCONTRACTORS SHALL CONTACT THE CITY'S BUSINESS LICENSE
OFFICE REGARDING ANY BUSINESS LICENSE REQUIREMENTS FOR THE OPERATION OF
THE PARKING LOT.
12)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 THE DECISION 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 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 CARRIED
VOTE 7-0
OLD BUSINESS
None
NEW BUSINESS
None
BOARD OF ADJUSTMENT AND APPEALS
FEBRUARY 14,2005
PAGE 7 OF 8
REQUEST OF STAFF
None
EXECUTIVE SECRETARY INFORMATION AND REPORTS
None
SELECTION OF MEETING DATE,TIMES,LOCATIONS,AND PURPOSES
BOARD MEMBERS SPELMAN/MCGAHAN M/S
"I MOVE THAT A REGULAR MEETING BE
HELD AT 7:00 P.M.ON MARCH 14,2005 ,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 7:48 p.m.
MARI GARDNER
Chairwoman
BOARD OF ADJUSTMENT AND APPEALS
FEBRUARY 14,2005
PAGE 8 OF 8