HomeMy WebLinkAbout2006-02-13 BOA MINUTES BOARD OF ADJUSTMENT AND APPEALS
CITY COUNCIL CHAMBERS
MEETING OF FEBRUARY 13, 2006
The regular meeting of the Board of Adjustment and Appeals of the
City of Apache Junction, Arizona, was held on February 13 , 2006 ,
at the Apache Junction City Council Chambers, 300 E. Superstition
Boulevard, pursuant to the notice required by law.
SYNOPSIS
BA-4-05 - Modify TH Zoning requirements with intent of
constructing single-family residence on a ±8, 000 square
foot parcel
BA-5-05 - Use of 108 acres of vacant state trust land for
overflow parking for LPGA golf tournament
CALL TO ORDER
Chairwoman Gardner called the meeting to order at 7 : 00 p.m.
ROLL CALL
Board Members Present : Chairwoman Mari Gardner
Board Member Carol Urich
Vice Chairwoman Sandra Spelman
Board Member Lori D'Amico
Board Member Daniel Austin
Board Member Jane Jones
Vacancy
Staff Present : City Attorney Joel Stern
Senior Planner/Zoning Administrator Rudy Esquivias
Planning Intern Joseph Welliver
ACCEPTANCE OF AGENDA
BOARD MEMBERS AUSTIN/SPELMAN MIS
"I MOVE FOR THE APPROVAL OF THE
AGENDA."
MOTION CARRIED
VOTE 6-0
PUBLIC HEARINGS
BA-5-05
BOARD OF ADJUSTMENT AND APPEALS
FEBRUARY 13 , 2006
PAGE 1 OF 8
This is a request for a Temporary Use Permit by Superstition
Mountain Properties .
Planning Intern Joseph Welliver
reported that this application is a renewal of a temporary use
permit request by Superstition Mountain Properties 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
2006 . The lot will be located on the southwesterly side of U. S.
60 , across from Superstition Mountain Drive . This request is
temporary in nature (1 week annually) , does not involve the
construction of any buildings, and is located in a zoning
district which does not allow this use . The area still shows
evidence of grading from the 2005 LPGA event, but is recovering
with vegetative growth. Shuttles will transport people from the
lot to the golf course . The temporary use permit application was
forwarded to several stakeholders for comment and review. Staff
has included in the recommendation of the previous temporary use
permit very strict operational guidelines for the event
coordinators to abide by. As of the writing of this staff
report, staff has received minimal input from reviewing agencies .
Dust must be controlled and lighting must observe the Dark Sky
regulations . Lighting will be turned off promptly at 10 p.m.
Stipulations addressing dust control and outdoor lighting have
been included in the recommended motion. Staff has not received
any negative comments in regards to the manner in which the
parking lot was managed or maintained during previous events .
Staff recommends approval with conditions . Findings must be
cited to justify approval or denial .
Board Member Urich asked if staff
had only received minimal input as of writing this report .
Planning Intern Joseph Welliver
said that he received a letter from the Fire District
recommending adequate emergency access, turning radius, and
adequate compacting.
Board Member Urich mentioned that
she thinks staff meant to type 2006 on Item #5 and not 2005 .
Planning Intern Joseph Welliver
said yes, it should be 2006 .
Chairwoman Gardner asked if the
applicant wished to address the Board.
BOARD OF ADJUSTMENT AND APPEALS
FEBRUARY 13 , 2006
PAGE 2 OF 8
Phil Edlund, 88777 N. Gainey,
Center Drive, Scottsdale, addressed the Board. This is the
same application, and the stipulations are the same as
previously. It is acceptable to us . We are excited that this is
our 4`h tournament and we have used the same parking lot each
time and worked out well . We have worked with the various
agencies to make sure it is done safely. We think the national
television exposure is great for the valley. I don' t know what
we would do if we didn' t have this parking area .
Chairwoman Gardner announced with
no one from the public wishing to speak and with no further
comments, we will close the public hearing and move for a motion.
BOARD MEMBERS URICH/SPELMAN MIS
"I MOVE THAT CASE BA-5-05, 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 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 FINAL 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
BOARD OF ADJUSTMENT AND APPEALS
FEBRUARY 13 , 2006
PAGE 3 OF 8
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, 2006 , 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 APAPCHE 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 : 00 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 PLANT ACCEPTABLE TO THE
CITY' S PARKS AND RECREATION DEPARTMENT OR DEVELOPMENT
BOARD OF ADJUSTMENT AND APPEALS
FEBRUARY 13 , 2006
PAGE 4 OF 8
SERVICES DEPARTMENT. THE POSTING OF A BOND FOR THIS
PURPOSE SHALL BE PART OF THE LEASE AGREEMENT.
12) APACHE JUNCTION FIRE DISTRICT RECOMMENDS ADEQUATE
EMERGENCY ACCESS AND TURNING RADIUS FOR FIRE APPARATUS AND
ALL WEATHER SURFACE WITH ADEQUATE COMPACTION FOR EMERGENCY
VEHICLES ON ALL MAIN FIRE LANES.
FINDINGS 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.
3) ALLOWING THIS TEMPORARY USE DOES NOT CONFLICT WITH THE
PROVISIONS OF THE CITY' S ZONING ORDINANCE OR GENERAL PLAN."
MOTION CARRIED
VOTE 6-0
BA-4-05
This is a request by Robert Schaefer and Ann Arseneault to modify
the TH (Trailer Homesite) Zoning District requirements, pursuant
to Section 11 . 0103 (G) of the Zoning Ordinance, with the intent of
constructing a conventionally constructed single-family residence
on a t 8 , 000 square foot parcel located at 1525 S. Hale Drive .
Senior Planner/Zoning Administrator Rudy Esquivias reported that
the applicants would like to replace their existing manufactured
home with a conventional home . It was discovered that the home
of the property owner to the north encroaches over the
applicant ' s north property line . This causes a situation in
which two homes would technically be located on one property and
the new home would be setback at about half the separation
distance that homes in TH subdivisions would be typically. The
homes on Lots 13 (neighbor) and 14 (applicant) have existed since
before the City adopted its Zoning Ordinance in March of 1985 and
are lawful nonconforming uses . The placement of the home on Lot
13 is in violation of setback requirements . The home to the
north has a zero-feet side setback against the applicants ' north
side lot line and encroaches over the lot line by almost 2 feet .
The applicant ' s proposed site plan for the home reveals that the
lot size, the proposed home, and setback layout conform in all
ways to the current TH requirements . The only problem is the
encroachment of the home to the north. This request is being
BOARD OF ADJUSTMENT AND APPEALS
FEBRUARY 13 , 2006
PAGE 5 OF 8
made pursuant to the City of Apache Junction Zoning Ordinance,
Section 11 . 0103 (g) . The new home will comply with setbacks in
relation to the existing property lines. The homes will be more
than six feet apart, thus not posing any health and safety issues
for residential structures and negating the need for fire rated
improvements . The homes appear to be 8 feet apart . At such time
as the property owner to the north needs to replace the mobile
home, it will be required to meet all setback requirements .
Staff recommends one additional condition of approval that there
be an 18 month time limit on construction of the new home. Staff
has received no protests or even inquiries regarding this
request . Staff recommends approval of this request for the Board
to allow the construction of a proposed conventional home on a
TH-zoned property, subject to all standard setback requirements,
but which does not meet standard separation requirements because
of a pre-existing structure on a neighboring property, pursuant
to Section 11 . 0103 (q) of the City of Apache Junction Zoning
Ordinance . The Board must cite findings of fact to support their
decision of approval or denial .
Chairwoman Gardner asked if the
applicant wished to address the Board?
Robert Schaffer, 1525 S. Hale
Drive, Apache Junction, addressed the Board. He reported that
the actual survey reflects that the base of the trailer itself to
the north is 6 inches over the line . The fence line is 14 inches
over the line. I would like to build a house .
Chairwoman Gardner announced with
no further discussion, the public hearing is closed and will call
for a motion.
BOARD MEMBERS AUSTIN URICH M S
"I MOVE THAT CASE BA-4-05, A
REQUEST BY ANN ARSENEAULT AND ROBERT SCHAEFER, FOR THE BOARD OF
ADJUSTMENT AND APPEALS, TO ALLOW THE CONSTRUCTION OF A PROPOSED
CONVENTIONAL HOME ON A TH (TRAILER HOMESITE) -ZONED PROPERTY,
SUBJECT TO ALL STANDARD SETBACK AND OTHER TH ZONE REQUIREMENTS,
BUT WHICH DOES NOT MEET STANDARD SEPARATION REQUIREMENTS BECAUSE
OF A PRE-EXISTING, ENCROACHING STRUCTURE ON A NEIGHBORING
PROPERTY, PURSUANT TO ZONING ORDINANCE SECTION 11 . 0103_(G) , BE
APPROVED. THE FOLLOWING IS THE RECOMMENDED CONDITION OF
APPROVAL:
1) THE PROPERTY OWNERS SHALL SECURE ALL PROPER PERMITS
FROM THE CITY AND THE NEW HOME SHALL BE CONSTRUCTED
TO ALL CURRENT CODES AND ZONING REQUIREMENTS, IN
BOARD OF ADJUSTMENT AND APPEALS
FEBRUARY 13 , 2006
PAGE 6 OF 8
BA-4-05 AND BE COMPLETED ON THE TERMS OF 18 MONTHS .
SUGGESTED FINDINGS INCLUDE :
1 . THE CONSTRUCTION OF THE NEW HOME WILL COMPLY IN ALL RESPECTS
WITH CURRENT ZONING AND BUILDING CODE REQUIREMENTS AND
PERMITS .
2 . THE USE IS COMPATIBLE WITH THE SURROUNDING NEIGHBORHOOD AND
WILL NOT NEGATIVELY AFFECT SURROUNDING DEVELOPMENT.
3 . THIS DECISION IS WITHIN THE BOARD' S AUTHORITY AS STATED IN
SECTION 11 . 0103 (G) OF THE CITY OF APACHE JUNCTION ZONING
ORDINANCE."
MOTION CARRIED
VOTE 6-0
OLD BUSINESS
None
NEW BUSINESS
Senior Planner Rudy Esquivias
announced new staff : Clare Fuchs, Associate Planner, Joe
Welliver, Planning Intern, and Mike Gildenstern, Planning Intern.
Chairwoman Gardner asked why is it
necessary to do the golf tournament every year? Why do we keep
getting this each year?
Senior Planner Rudy Esquivias
explained that a temporary use permit is only good for 9 months .
It does not involve building improvements or property improve-
ments . There is no guarantee the golf tournament will come back
every year. Each year that they do come back we are required to
do a temporary use permit .
Chairwoman Gardner asked why can' t
we have less than a 9 month temporary use permit?
Senior Planner Rudy Esquivias said
that is the maximum time frame that the code allows . If an
applicant does not need a full 9 months for an event , we could
stipulate less, but we wouldn' t want to stipulate more time .
City Attorney Joel Stern advised
that is correct . If you do go less than 9 months you need to put
that in the findings . It is up to the Board to decide if 9
months is appropriate or 6 months .
BOARD OF ADJUSTMENT AND APPEALS
FEBRUARY 13 , 2006
PAGE 7 OF 8
Chairwoman Gardner commented they
are going to use it for only a weekend.
Senior Planner Rudy Esquivias said
it usually is a week from start up to finish.
REQUEST OF STAFF
None
EXECUTIVE SECRETARY INFORMATION AND REPORTS
None
SELECTION OF MEETING DATE, TIMES, LOCATIONS, AND PURPOSES
BOARD MEMBERS JONES/SPELMAN M S
"I MOVE THAT THE REGULAR MEETING OF
THE BOARD OF ADJUSTMENT AND APPEALS BE HELD AT 7 : 00 P.M. ON MARCH
13 , 2006 , AT THE CITY HALL COMPLEX LOCATED AT 300 E . SUPERSTITION
BOULEVARD."
MOTION CARRIED
VOTE OF 6-0
Chairwoman Gardner announced there
being no further business to discuss, and with no objections,
this meeting is adjourned at 7 :44 p.m.
MAR GARDNER
Chairwoman
RU17Y PWUI4cretary
AS
Exec ive
BOARD OF ADJUSTMENT AND APPEALS
FEBRUARY 13 , 2006
PAGE 8 OF 8
ORDER
BOARD OF ADJUSTMENT AND APPEALS
CITY OF APACHE JUNCTION, ARIZONA
CASE NO. BA-4 -05
DATE OF PUBLIC HEARING: February 13 , 2006
APPLICANTS : Robert Schaefer and Ann Arsenault
PROPERTY LOCATION: 1525 South Hale Drive
TAX ASSESSOR' S PARCEL ## : Map 102-28-014
SIZE OF SUBJECT PARCEL: ± 8 , 000 square feet
ZONING DISTRICT: TH (Trailer Homesite) , Zoning
Ordinance, Section 15 . 0800
REQUEST: The applicants are requesting to
replace their existing
manufactured home with a
conventional home, subject to all
standard setback and other TH zone
requirements, but which does not
meet standard separation
requirements because of a pre-
existing, encroaching structure on
a neighboring property.
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
(G) , which empowers the Board to :
"Permit in any zone such
modification of the requirements
ORDER - BOARD OF ADJUSTMENT AND APPEALS
CASE BA-4-05 (Robert Schaefer and Ann Arseneault)
PAGE 1 OF 3
of this Ordinance as said Board
may deem necessary to secure an
appropriate development of a
building site, where adjacent to
such site there are buildings or
uses that do not conform to
regulations prescribed by this
Ordinance for the zone in which
these buildings or uses are
located. ' '
BOARD OF ADJUSTMENT ACTION: Motion and Second by Board
Members Austin/Urich:
"I move that Case BA-4-05, a
request by Ann Arseneault and Robert Schaefer, for the
Board of Adjustment and Appeals, to allow the construction
of a proposed conventional home on a TH (Trailer Homesite) -
zoned property, subject to all standard setback and other
TH zone requirements, but which does not meet standard
separation requirements because of a pre-existing,
encroaching structure on a neighboring property, pursuant
to Zoning Ordinance Section 11 . 0103 (g) , be approved. The
following is the recommended condition of approval :
1) The property owners shall secure all proper permits
from the city and the new home shall be constructed
to all current codes and zoning requirements, in
accordance with the site plan submitted with case
BA-4-05 and be completed on the terms of 18 months .
Suggested findings include :
1 . The construction of the new home will comply in all
respects with current zoning and building code
requirements and permits .
2 . The use is compatible with the surrounding neighborhood
and will not negatively affect surrounding development .
ORDER - BOARD OF ADJUSTMENT AND APPEALS
CASE BA-4-05 (Robert Schaefer and Ann Arseneault)
PAGE 2 OF 3
3 . This decision is within the Board' s authority as stated
in Section 11 . 0103 (g) of the City of Apache Junction
Zoning Ordinance . "
MOTION PASSED, VOTE 6-0 .
SIGNED:
MARI GARDNER, CHAIRWOMAN DATE
ATTEST:
�l
RUD kOFIJUSTMENT
S, EXECUTIVE SECRETARY DA.E
BOA AND APPEALS
CC: (Applicants) Robert Schaefer and Ann Arseneault
Joel Stern. City Attorney
George Hoffman, City Manager
Kathy Connelly, City Clerk
City Council Members
Planning and Zoning Commission Members
Dennis Dixon. Interim Development Services Director
Planning Division Staff
Case File BA-4-05
ORDER - BOARD OF ADJUSTMENT AND APPEALS
CASE BA-4-05 (Robert Schaefer and Ann Arseneault)
PAGE 3 OF 3
ORDER
BOARD OF ADJUSTMENT AND APPEALS
CITY OF APACHE JUNCTION, ARIZONA
CASE NO. BA-5-05
DATE OF PUBLIC HEARING: February 13, 2006
APPLICANTS: Superstition Mountain Properties,
Incorporated, represented by Phil Edlund,
Vice President
PROPERTY LOCATION: 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) .
TAX ASSESSOR'S PARCEL #: Map 104-07 (no parcel number as It is
vacant State Trust Land)
SIZE OF SUBJECT PARCEL: ±108 acres
ZONING DISTRICT: GR (General Rural ) , Zoning Ordinance,
Section 15.0100
REQUEST: 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-5-05 (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 (H),
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/Spelman:
"I move that case BA-5-05, 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-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
ORDER BOARD OF ADJUSTMENT AND APPEALS
CASE BA-5-05 (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 1 ,
2005, to avoid the quail nesting season.
b. 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.
ORDER - BOARD OF ADJUSTMENT AND APPEALS
CASE SA-5-05 (Phil Edlund, Superstition Mountain Properties, Inc. )
PAGE 3 OF 5
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.
12. Apache Junction Fire District recommends adequate emergency
access and turning radius for fire apparatus and all weather
surface with adequate compaction for emergency vehicles on all
main fire lanes .
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 6-0.
ORDER BOARD OF ADJUSTMENT AND APPEALS
CASE BA-5-05 (Phil Edlund, Superstition Mountain Properties , Inc. )
PAGE 4 OF 5
SIGNED:
1- —O
MAC GARDNER, CHAIRWOMAN DATE
ATTEST:
RUD S, EXECUTIVE SECRETARY DATE
BOARD OF AD. STMENT AND APPEALS
cc: (Applicant) Superstition Mountain Properties. Inc. ,
Phil Ed'und. 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 Commiss,on Members
Dennis Dixon. Interim Development Services Director
Planning Division Staff
Case File BA-5-05
ORDER - BOARD OF ADJUSTMENT AND APPEALS
CASE BA-5-05 (Phil Edlund, Superstition Mountain Properties , Inc. )
PAGE 5 OF 5