Loading...
HomeMy WebLinkAbout2008-01-14 BOA MINUTES ORDER BOARD OF ADJUSTMENT AND APPEALS CITY OF APACHE JUNCTION, ARIZONA CASE NO. BA-3-07 DATE OF PUBLIC HEARING: January 14, 2008 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-3-07). LEGAL DESCRIPTION: Map 104-07 as provided in Exhibit B (no parcel number as it is vacant State Trust Land) SIZE OF SUBJECT PARCEL: +/- 108 acres ZONING DISTRICT: GR (General Rural), Zonings 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 the 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..." ORDER - BOARD OF ADJUSTMENT AND APPEALS CASE BA-3-07 Superstition Mountain LLC PAGE 2of4 BOARD OF ADJUSTMENT ACTION: "I move that Case BA-3-07, a request by Superstition Mountain LLC, represented by Rod Luker, 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 subject to the following Conditions of Approval". The Conditions of Approval for the TemporaU 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-3-07, 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 24, 2008, 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 ORDER - BOARD OF ADJUSTMENT AND APPEALS CASE BA-3-07 Superstition Mountain LLC PAGE 3 of 4 Guadalupe Ave. 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. 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. ORDER - BOARD OF ADJUSTMENT AND APPEALS CASE BA-3-07 Superstition Mountain LLC PAGE 4 of 4 SIGNED: MAJ GARDNER, DATE CHAIRWOMAN ATTEST: FRED BAKER, DATE PLANNING MANAGER APPROVED AS TO FORM RICHARD J. STERN, DATE CITY ATTORNEY BOARD OF ADJUSTMENT AND APPEALS 1001 N. IDAHO ROAD (former City Council Chambers) MEETING OF JANUARY 14, 2008 The regular meeting of the Board of Adjustment and Appeals of the City of Apache Junction, Arizona, was held on January 14 , 2008 , in the former City Council Chambers located at 1001 N. Idaho Road, pursuant to the notice required by law. SYNOPSIS BA-3-07 - Temporary Use Permit to utilize 108 acres of vacant State Trust Land for overflow parking for a 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 Vice Chairwoman Sandra Spelman Board Member Carol Urich Board Member Jane Jones Board Member Samuel Condon Board Member John Gordon Board Members Absent : Board Member Daniel Austin Staff Present : Assistant City Attorney Mary Ann Coyne Planning Manager Fred Baker Assistant Planner Todd Kennedy Board Member Urich MOVED TO ACCEPT THE AGENDA AND THE MINUTES OF AUGUST 13 , 2007 AS PRESENTED. SECONDED: Jones AYES: Urich, Gardner, Jones, Gordon, Condon NOES: None ABSTAIN: Spelman (absent from 8-13-07 meeting) ABSENT: Austin BOARD OF ADJUSTMENT AND APPEALS JANUARY 14 , 2008 PAGE 1 OF 3 Public Hearings Title: Case BA-3-07 Applicant: Rod Luker, representing Superstition Mountain, LLC Location: South side of U.S. Highway 60, west of the S . Barkley Road alignment . Request: This is a request for a Temporary Use Permit to be allowed to use approximately 108 acres of vacant State Trust Land for overflow parking for a LPGA golf tournament held in Gold Canyon. Assistant Planner Todd Kennedy presented the staff report to the Board members . Board Member Condon wanted to know how you establish which plants need to be replaced? Planning Manager Fred Baker said there is a lease agreement with the State Lands that requires the applicant to replace native plants . Chairwoman Gardner asked if dust control is maintained. Assistant Planner Todd Kennedy replied yes . Chairwoman Gardner asked if the applicant would address the Board? Rod Luker, 4131 E. San Remo Avenue, Gilbert, AZ, addressed the Board. He thanked the Board for hearing his case . This project has been going on annually since 2002 . Each year it becomes easier to maintain vegetation. We do not go into the tree line or deviate from any water sources . He has been in contact with the Fire Marshal and the Fire Marshal comes out and tours the site . We stay away from anything that is growing now. We do not move any earth. We stop on March 1" due to the habitat and breeding of the quail . Chairwoman Gardner asked if there was anyone in the public wishing to speak . Hearing none, the public portion is closed and hearing no further discussions from the Board members, a motion was entertained. Board of Adjustment and Appeals Decision: Case BA-3-07 was approved with the 12 conditions of approval and 3 recommended findings as stated in the Staff Report dated 1-14-08 . BOARD OF ADJUSTMENT AND APPEALS JANUARY 14 , 2008 PAGE 2 OF 3 MOTION: Urich SECOND: Jones AYES : Urich, Jones, Gardner, Gordon, Condon, Spelman NOES : None ABSTAIN: None ABSENT: Austin OLD BUSINESS Nothing to report NEW BUSINESS Nothing to report REQUEST OF STAFF Board Member Urich requested staff to give a status report at the next held Board of Adjustment meeting on all previous items voted on in the past 2 years . INFORMATION AND REPORTS Chairwoman Gardner submitted her resignation letter . She will be here until May. She will be moving out of the city. SELECTION OF MEETING DATE, TIMES_ , LOCATIONS, AND PURPOSES Board Member Spelman MOVED THAT THE REGULAR MEETING OF THE BOARD OF ADJUSTMENT AND APPEALS BE HELD AT 7 : 00 P.M. ON FEBRUARY 11, 2008, IN THE CITY COUNCIL CHAMBERS LOCATED AT 300 EAST SUPERSTITION BOULEVARD. Board Member Gordon SECONDED THE MOTION. VOTE 6-0 MOTION CARRIED Chairwoman Gardner adjourned the meeting. AAGARDNER Charwoman -g;k� FRED BAKER, AICP Planning Manager BOARD OF ADJUSTMENT AND APPEALS JANUARY 14 , 2008 PAGE 3 OF 3