HomeMy WebLinkAbout2006-03-12 BOA MINUTES BOARD OF ADJUSTMENT AND APPEALS
CITY COUNCIL CHAMBERS
MEETING OF MARCH 12, 2007
The regular meeting of the Board of Adjustment and Appeals of the
City of Apache Junction, Arizona, was held on March 12 , 2007, at
the Apache Junction City Council Chambers, 300 E . Superstition
Boulevard, pursuant to the notice required by law.
SYNOPSIS
BA-1- 07 - Temporary Use Permit for LPGA Golf Tournament Parking
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 Sandra Spelman
Board Member Carol Urich
Board Member Daniel Austin
Board Member Samuel Condon
1 Vacancy
Board Members Absent : Board Member Jones
Staff Present : City Attorney Joel Stern
Senior Planner/zoning Administrator Rudy Esquivias
Assistant Planner Yanet Ochoa
Planning Manager Fred Baker
Planning Interns Spencer Brimley & Ian Crittenden
ACCEPTANCE OF AGENDA
BOARD MEMBERS AUSTIN URICH M S
"I MOVE TO ACCEPT THE AGENDA."
VOTE S-0
MOTION CARRIED
BOARD MEMBERS URICH AUSTIN M S
"I MOVE TO ACCEPT THE MINUTES OF
11/13/06 ."
BOARD OF ADJUSTMENT AND APPEALS
MARCH 12, 2007
PAGE 1 OF 4
VOTE 5-0
MOTION CARRIED
PUBLIC HEARINGS
BA-1-07
Chairwoman Gardner announced Case
BA-1-07 . This is a request for a Temporary Use Permit by Rod
Luker, representing Superstition Mountain, LLC, to be allowed to
use approximately 108 acres of vacant State Trust Land zoned GR
(General Rural) , for overflow parking for a LPGA golf tournament
held in Gold Canyon. This request is pursuant to the Apache
Junction Zoning Ordinance, Section 11 . 0103 (N) . The subject site
is located inside the city limits of the City of Apache Junction,
along the south side of U.S . Highway 60, west of the South
Barkley Road alignment .
Assistant Planner Yanet Ochoa
reported that the temporary parking lot is intended to
accommodate up to 10, 000 vehicles for one week for the March 19
to 25th golf event . This application is a renewal of a temporary
use permit issued by the Board in February 2006 . Staff has not
received any negative comments on this request . Ms . Ochoa
reviewed the conditions of approval . Condition #1 has a
correction to me made in regards to case file BA-5-06 . The case
file number should be BA-1-07 .
Board Member Urich wanted to
confirm for the record that we have not received any negative
comments on past events .
Assistant Planner Yanet Ochoa said
that is correct .
Chairwoman Gardner asked if the
applicant would care to address the Board.
Rod Luker, 4131 E . San Remo Avenue,
addressed the Board. We have had this tournament since 2002 and
would like to continue it and use the parking facility as in the
past . We have complied and agree with your conditions of
approval .
Board Member Austin inquired as to
why it couldn' t be feasible if we could possibly extend the use
of this permit for at least a 2 year period subject to some
changes . It would be nice to have the opportunity to move
BOARā¢ OF ADJUSTMENT AND APPEALS
MARCH 12 , 2007
PAGE 2 OF 4
forward because this event is very important to the economics of
the area.
City Attorney Joel Stern advised
that he thinks it is 9 months in the code . You could refer this
to the Mayor and City Council to change the code on this time
frame .
Chairwoman Gardner announced the
public hearing is closed and opened for discussion among Board
members . With no further discussions a motion will be
entertained.
BOARD MEMBERS URICH SPELMAN
"I MOVE THAT CASE BA-1-07, A
REQUEST BY SUPERSTITION MOUNTAIN LLC, REPRESENTED BY ROD LUKER,
FOR A ONE WEEK TEMPORARY USE PERMIT FOR A TEMPORARY PARKING LOT
FOR THE LPGA ANNUAL 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 TWELVE
(12) RECOMMENDED CONDITIONS OF APPROVAL AS SPECIFIED IN THE STAFF
REPORT WITH CHANGE TO RECOMMENDATION #1 FROM CASE FILE BA-5-06 TO
BA-1-07 AND TO INCLUDE THE THREE (3) RECOMMENDED FINDINGS WITH #2
STATING WILL BE PROPERLY BUFFERED AND WILL NOT NEGATIVELY AFFECT
SURROUNDING PROPERTIES AND #3 STATING DOES NOT CONFLICT."
OLD BUSINESS
None
NEW BUSINESS
None
REQUEST OF STAFF
Planning Intern Spencer Brimley reported on the update of the
Shell Station sign on Ironwood and Apache Trail (BA-1-05) . A
recent draft letter has been presented to the City Attorney for
review prior to forwarding to the Shell Company in accordance
with the sign code . There has been a recent new owner/new tenant
according to the records of Pinal County. Since the last letter
was sent to the name on the County Records, there is indication
now of a new name on the records . This is being researched to
determine if this is a new tenant or new owner.
Senior Planner/Zoning Administrator Rudy Esquivias reported on
the update of the beauty shop operation at 1070 S. Wickiup.
BOARD OF ADJUSTMENT AND APPEALS
MARCH 12 , 2007
PAGE 3 OF 4
Their business license has been withdrawn. I did a site survey
and there does not appear to be any business activity going on .
As far as we can tell the beauty shop has been discontinued.
Senior Planner/Zoning Administrator Rudy Esquivias introduced Mr.
Fred Baker the new Planning Manager, and Planning Interns Spencer
Brimley and Ian Crittenden.
EXECUTIVE SECRETARY INFORMATION AND REPORTS
None
SELECTION OF MEETING DATE, TIMES, LOCATIONS, AND PURPOSES
BOARD MEMBERS S.PELMAN/URICH M S
"I MOVE THAT THE REGULAR MEETING OF
THE BOARD OF ADJUSTMENT AND APPEALS BE HELD AT 7 : 00 P .M. ON APRIL
9 , 2007, IN THE CITY COUNCIL CHAMBERS LOCATED AT 300 EAST
SUPERSTITION BOULEVARD."
VOTE 5-0
MOTION CARRIED
Chairwoman Gardner announced there
being no further business to discuss, and with no objections,
this meeting is adjourned.
MA I GARDNER
Chairwoman
RUDWI t;QprI
Exec tiv Sec etary
BOARD OF ADJUSTMENT AND APPEALS
MARCH 12 , 2007
PAGE 4 OF 4
ORDER
BOARD OF ADJUSTMENT AND APPEALS
CITY OF APACHE JUNCTION, ARIZONA
CASE NO. BA-1-07
DATE OF PUBLIC HEARING: March 121", 2007
APPLICANTS: Superstition Mountain Properties,
Incorporated, represented by Rod Luker,
Vice President
PROPERTY LOCATION: The subject site is a "V" - shaped property
located on the southwestern side of US 60, north
of the Guadalupe Avenue alignment and west of
the Superstition Mountain Drive and US 60
intersection (a complete legal description is
contained in case file BA-1-07).
TAX ASSESSOR'S PARCEL #: Map 104-07 (no parcel number as it is vacant
State Trust Land)
SIZE OF SUBJECT PARCEL: t 108 acres
ZONING DISTRICT: GR (General Rural), Zoning Ordinance, Section
15.0100
REQUEST: The applicants are requesting approval of a nine
(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.
BOARD AUTHORIZATION: Pursuant to the Apache Junction City Code,
Volume ll, Land Development Code, Chapter 1,
Zoning Ordinance, Article 11, Section 11.0103
Powers, Subsection (h) this 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
Gardner/Urich:
ORDER - BOARD OF ADJUSTMENT AND APPEALS
CASE BA-1-07 Superstition Mountain LLC
PAGE 2 of 4
°I move that Case BA-1-07, a request by Superstition Mountain LLC,
represented by Rod Luker, 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 the U.S. 60 and Superstition
Mountain Drive, be approved ".
The Conditions of Approval for the Temporary Use Permit are:
1. Superstition Mountain LLC, 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-1-07, or as otherwise conditioned
herein.
2. Superstition Mountain LLC, 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 Sheriffs Office, every year that the LPGA event is
held. Superstition Mountain LLC 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. Superstition Mountain LLC 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 native plants and/or salvageable plants removed from the
parking area shall be boxed and replanted in the 280 foot buffer area and be
designed on the site plan. Prior to clearing the parking area, Superstition
Mountain LLC shall contact the Arizona Department of Agriculture and
present approvals from said department to the City's Development Services
Department regarding the removal or salvage and reuse of protected plants.
5. Any grading for the parking lot shall be done prior to March 15, 2007, to
have minimum impact during the quail nesting season.
6. To allow for cattle grazing any temporary fencing for the tradition event shall
not be installed any earlier that one week prior to the event, or be removed
any later than one week after the event.
7. Prior to each year that the event is held, Superstition Mountain LLC 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.
ORDER - BOARD OF ADJUSTMENT AND APPEALS
CASE BA-1-07 Superstition Mountain LLC
PAGE 3 of 4
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.
Superstition Mountain LLC 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.Superstition Mountain LLC 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, Superstition Mountain
LLC 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
and the Development Services Department. A bond shall be posted for this
purpose and 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 surfaces with adequate
compaction for emergency vehicles on all main fire lanes.
Recommended 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 properties.
3. Allowing this temporary use does not conflict with the provisions of the City's
Zoning Ordinance or General Plan.
MOTION PASSED, VOTE 5-0.
SIGNED:
MAR GARDNER, CHAIRWOMAN DATE
ORDER - BOARD OF ADJUSTMENT AND APPEALS
CASE BA-1-07 Superstition Mountain LLC
PAGE 4 of 4
ATTEST:
RU[)Y''E S, XECUTIVE SECRETARY DATE
BOARD OVADJUSYMENT AND APPEALS