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HomeMy WebLinkAbout1989-05-24 City Council Regular MinutesCITY COUNCIL SPECIAL MEETING MAY 24,1989 The special meeting of the City Council of the City of Apache Junction, Arizona,was held on May 24,1989,at the Apache Junction City Council Chambers pursuant to the notice required by law. CALL TO ORDER Mayor Bluntschly called the meeting to order at 6:02 p.m. ROLL CALL Councilmen Present:Councilman Connolly Councilman Cox Councilwoman Gardner Councilman Vehon Vice Mayor Damiano Mayor Bluntschly Councilman Absent:Councilman Burgess Staff Present: Others Present: Acting City Manager/City Clerk Kathleen Connelly City Attorney David Alexander Assistant to the City Manager George Hoffman Director of Public Works Rich Broman Economic Development Specialist John Schoeph Associate Planner/Deputy Director Jim Nakagawa Assistant Planner Julie Reid Assistant Planner Bob Dunn Zoning Administrator Charles Coleman Mr.Ed Barker 860 S.Saguaro Apache Junction,Arizona Mr.Al Belucci 2210 E.Scenic Apache Junction,Arizona Mr.Keith Stachar 1153 N.Holmes Apache Junction,Arizona Mr.Jimmy Eidson 944 W.3rd Avenue Apache Junction,Arizona SPECIAL MEETING OF THE CITY COUNCIL MAY 24,1989 PAGE 1 Ms Carol Chamberlain 1331 Wickiup Apache Junction,Arizona Mr.Jerry Lynn 174 W.22nd Avenue Apache Junction,Arizona Ms Joan Rogansee 2226 S.Coconino Apache Junction,Arizona PUBLIC HEARINGS 1989 REGIONAL FUNDING CYCLE,COMMUNITY DEVELOPMENT BLOCK GRANT )Assistant Planner Julie Reid explained that this is the first in a series of public hearings,with a second and than a third for adoption of the resolutions,and the purpose of the hearing is to obtain comments from the public on the needs of the community.Ms Reid also stated that on June 6th,the Council will decide which non-profit organization to support for CDBG funding. Mayor Bluntschly asked i f there was anyone who wished to speak on the item. Mr.Ed Barker,860 S.Saguaro, Apache Junction,representing the Association for Shelter for Abused Families, pointed out the specific need in the community for addressing the problem of abused families.Mr.Barker further stated that the abuse of women and children is a dilema of staggering proportions and effects the economy,home life, education,employment,and that the amount of cases is on the rise. Mr.Barker requested support of the Shelter in obtaining CDBG funding,and asked permission to use City technical staff in formulating the applications for grants in the future. funding will be required for the Shelter. approximately $200,000 will be necessary. for women and not men. Mayor Bluntschly asked how much Mr.Barker answered that Vice Mayor Damiano asked i f this is Mr.Barker stated that there are some men that are abused,however,only one sex may be in the Shelter and the choice was women. SPECIAL MEETING OF THE CITY COUNCIL MAY 24,1989 PAGE 2 There being no one else wishing to address the Council,Mayor Bluntschly closed the hearing to the public. PROPOSED ORDINANCE NO.673,PZ-3-89 COMMISSION INITIATED AMENDMENT TO THE CB -2 GENERAL BUSINESS ZONE (INDUSTRIAL USES) )Assistant to the City Manager George Hoffman thanked the Council for the extension in presenting this item and promised to never ask for an extension again. Mr.Hoffman stated that this is an important issue and involves 72% of the commercially zoned land,that the Council has been presented with a written analysis and recommendation,and further stated that the original concern about CB -2 zoning was that there were uses not allowed in CB -2 that ought to be allowed.Mr.Hoffman explained that this proposed ordinance does not include more uses,but provides for more intense use of allowable uses,and should the Council wish more uses in the zoning,this ordinance will not accomplish that. Mr.Hoffman commented that only 4 or 5%of the businesses will be effected by the change,and because of that percentage the Council may not wish to make the change. Mr.Hoffman asked that Economic Development Specialist John Schoeph be included in all discussions and hearings on this issue. Economic Development Specialist John Schoeph stated that his position is that all commercial and industrial zoning districts need to be overhauled,and recommended that the CB -2 zoning should be given some leeway until this is accomplished. Sharyn Alger,2140 E.Greasewood, Apache Junction,Planning and Zoning Commissioner,stated that there aren't more than 4 or 5%of the businesses which would be effected by this because of the problem with the interpretation of the 25%,and i f this were more flexible i t would benefit the business community.Ms Alger further made recommendations for changes to the Commercial and Industrial classifications. Councilman Vehon clarified wording in Ordinance No.673 pertaining to the maximum 50% floor space to be used for light manufacturing,up to 1,000 square feet. City Attorney David Alexander stated that CB -1 and CB -2 are a carry-over of Pinal County zoning,which was for rural areas not metropolitan or city areas,and those were retained when the Code was reinacted with C-1,2,3,4,because those who had CB -1 and CB -2 wished to keep SPECIAL MEETING OF THE CITY COUNCIL MAY 24,1989 PAGE 3 those zoning classification.Mr.Alexander suggested that the question the Council needs to ask is,is Apache Junction a rural area or not? Mr.Al Belucci,2210 E.Scenic, Apache Junction,emphatically disagreed with Mr.Hoffman,and stated that the City hasn't done anything to correct this problem in 10 years. Mr.Keith Stachar,1153 N.Holmes, Apache Junction,member of the Economic Opportunities Action Team,addressed the Council in favor of the proposal for 50%. Mr.Jimmy Eidson,944 W.3rd Avenue, Apache Junction,recommended that Mr.Schoephs suggestions be used in solving the problem. Ms Carol Chamberlain,1331 Wickiup, Apache Junction,property manager for Mr.Belucci,stated that many potential businesses have been turned away because of inflexibility in zoning and lack of alternatives. Mr.Jerry Lynn,174 W.22nd Avenue, Apache Junction,stated that in the past five years there have been no new businesses in his area,speculating that this is due to the inflexibility of the zoning classification. Mr.Jerry Cross,1025 E.Mesquite, Apache Junction,stated that without changes being made,he has no hope of developing his property. Ms Joan Roganseed,2226 S.Coconino, Apache Junction,property owner in Superstition Villa,asked Mr.Hoffman why none of them saw him while the survey was being taken. Mr.Hoffman stated that at the request of the Planning and Zoning Commission,the lots owned by Mr.Belucci were surveyed due to the unique situation,with 25 foot wide lots. Ms Roganseed replied that these businesses do not have "walk-in"customers as they are not located on Apache Trail,and find i t necessary to have the 50%light manufacturing use to allow for something extra. There being no one else wishing to address the Council,Mayor Bluntschly closed the hearing to the public. Mayor Bluntschly stated that the largest problem is that these uses are outdated,and i t is critical to address the permitted uses,and agreed that there is a problem but this ordinance may not address that problem sufficiently,so i t may be necessary to take more time to come up with a solution that would be in the best interest of the community. SPECIAL MEETING OF THE CITY COUNCIL MAY 24,1989 PAGE 4 Councilman Vehon stated that this ordinance will create a "win -win"situation,giving ample protection with block walls and also allowing people to use up to 50%of their floor area up to 1000 square feet for light industrial as pertains to the commercial that is already there. Mayor Bluntschly commented that "band -aides"are not good,and this only addresses a small part of the problem and the key will be looking at definitions and interpretations,and also expanding permitted uses within the zoning with CB -2 in particular. Councilman Vehon stated that this is more than a "band -aide",and would be a good solution. Councilwoman Gardner asked i f rezoning these areas won't create non -conforming uses? Councilman Vehon replied that anything the Council does will create non -conforming uses in this situation,but this is the time to do this as there are a lot of businesses in the area as yet. Councilman Connolly asked i f the ordinance couldn't address existing structures that have problems expanding for manufacturing for retail sales. City Attorney David Alexander replied that i t could. Mayor Bluntschly recessed the meeting. Mayor Bluntschly reconvened the meeting at 7:33 p.m. Councilman Vehon MOVED THAT ORDINANCE NO.673 BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Vice Mayor Damiano seconded the motion. VOTE:Unanimous The motion carried. Acting City Manager/City Clerk Kathleen Connelly read as follows: ORDINANCE NO.673,AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,AMENDING THE APACHE JUNCTION,ARIZONA,ZONING ORDINANCE,BY AMENDING SECTIONS 16.0201(B)CB -2 GENERAL BUSINESS ZONE OF ARTICLE 16 COMMERCIAL DISTRICTS;REPEALING ANY CONFLICTING PROVISIONS;AND PROVIDING FOR SEVERABILITY. SPECIAL MEETING OF THE CITY COUNCIL MAY 24,1989 PAGE 5 Councilman Vehon MOVED THAT ORDINANCE NO.673,AS READ BY THE CITY CLERK,BE APPROVED AND ADOPTED WITH THE FOLLOWING AMENDMENTS: CHANGE SECTION 16.0201 USES PERMITTED,d.FROM 1000 SQUARE FEET TO 1500 SQUARE FEET SECTION 16.0206,MINIMUM FRONT YARD OF ANY YARD WITH A STREET FRONTAGE ON A CORNER OR MULTIPLE STREET FRONTAGE LOT,BE CHANGED AS FOLLOWS: a.50 FEET IF OFF-STREET PARKING IS PROVIDED IN FRONT OF THE BUILDING;OR b.25 FEET IF OFF-STREET PARKING IS PROVIDED IN THE REAR OR SIDE. c.NO MORE THAN ONE YARD WITH STREET FRONTAGE ON A CORNER OR MULTIPLE LOT SHALL BE REQUIRED TO BE IN EXCESS OF 25 FEET. d.20 FEET FOR RESIDENTIAL USES. SECTION 16.0207 MINIMUM SIDE YARDS BE CHANGED TO: a.25 FEET WHERE ABUTTING A RESIDENTIAL ZONING DISTRICT b.TEN FEET WHERE ABUTTING A COMMERCIAL OR INDUSTRIAL DISTRICT c.ZERO FEET WHERE ABUTTING A COMMERCIAL OR INDUSTRIAL DISTRICT WHERE PROPER ACCESS IS PROVIDED TO THE REAR THROUGH AN ALLEY OR OTHER APPROVED ACCESS. e.SEVEN FEET FOR RESIDENTAL USES SECTION 16.0208 MINIMUM REAR YARD BE CHANGED TO: a.25 FEET b.TEN FEET IF NO ACCESS OR SERVICING IS PROVIDED TO REAR OF PROPERTY;25 FEET IF ABUTTING A RESIDENTIAL DISTRICT. AND A SEPARATE CATEGORY: THAT THERE SHALL BE A SIX FOOT HIGH MASONRY WALL ON THE REAR AND SIDE PROPERTY LINES THAT ARE ADJACENT TO ANY RESIDENTIAL DISTRICT,UNLESS THE SIDE OR REAR YARD ABUTS A PUBLIC ROADWAY WHICH IS ADJACENT TO A RESIDENTIAL DISTRICT,THEN NO WALL SHALL BE REQUIRED ON THAT PROPERTY LINE; AND ADD THAT:ANY EXISTING BUSINESS THAT BECOMES NON -CONFORMING SHALL HAVE THE RIGHT TO COME IN AND HAVE A SPECIAL USE PERMIT PROCESSED ENLARGING THEIR USE OF SPACE TO 50% OR 15 SQUARE FEET,WHICHEVER COMES FIRST. City Attorney David Alexander asked i f the six foot high fence would apply to anything within CB -2? SPECIAL MEETING OF THE CITY COUNCIL MAY 24,1989 PAGE 6 Councilman Vehon stated that the intention was to not exclude CB -2 from the requirements of C-1,2,3,4. Mr.Alexander stated that he wasn't sure what that change would be titled. Councilman Vehon stated that this amendment would be part of the setback requirements,of Section 16.0204. Mr.Alexander stated that by this motion d.is eliminated of Ordinance No.673 as presented and inserting d.and other things that Councilman Vehon read into the motion. Councilman Vehon stated that this is exactly what was intended. Acting City Manager/City Clerk Kathleen Connelly asked i f on Page 2,Section 16.0207,c.,the word "other proper access",was used and was this intentional? Councilman Vehon replied that this was intended,in case of a fire or such. City Attorney David Alexander commented that his problem with this amendment at this point,is that there is a question as to what section these will fit into,and stated that the motion needs to include a request for a draft ordinance as stated so that this will not have to be reconsidered and readvertised. Mr.Hoffman suggested allowing staff to prepare this ordinance as amended now,and acting on i t tonight after the next two items on the agenda. Vice Mayor Damiano seconded the motion. Councilman Connolly asked why a special use permit is necessary as the use is being expanded,and could be accomplished in the building permit process. Mr.Alexander replied that the issue of setbacks will have to be addressed,and that the Building Official needs clear instructions on how to handle insufficient setbacks. Councilwoman Gardner asked i f this Ordinance would go into effect prior to reconsideration and amendment. Mr.Alexander stated that by the time this is reconsidered and advertised 30 days will not have lapsed,which is the time necessary prior to going into effect. SPECIAL MEETING OF THE CITY COUNCIL MAY 24,1989 PAGE 7 VOTE:Unanimous The motion carried. Councilman Connolly left the meeting at 7:55 p.m. NEW BUSINESS AMENDMENTS TO THE ARIZONA DEPARTMENT OF TRANSPORTATION LETTER OF INTENT FOR STATE ROUTE TRANSFERS ) )Director of Public Works Rich Broman explained that the Letter of Intent primarily indicates that there will be a project at U.S.60 and Tomahawk Road,and that the specifics will be developed within an intergovernmental agreement with the Arizona Department of Transportation at a later date.Mr.Broman further explained taht ADOT has offered assistance in acquiring the necessary right-of-way with the City reimbursing them,but that Council authorization is required. cost of reimbursement would be? is not available at this time. right-of-way will be acquired. Councilwoman Alger asked what the Mr.Broman stated that this amount Councilman Vehon asked how much Mr.Broman replied that the eastbound lane will be raised to match the westbound lane,and that dictates that additional right-of-way be acquired,but the exact footage is yet to be determined. Vice Mayor Damiano MOVED THAT THE CITY COUNCIL OF THE CITY OF APACHE JUNCTION AUTHORIZE THE ACTING CITY MANAGER TO NEGOTIATE AN INTERGOVERNMENTAL AGREEMENT WITH ARIZONA DEPARTMENT OF TRANSPORTATION TO INCORPORATE A PROVISION FOR THE DEPARTMENT OF TRANSPORTATION TO ACQUIRE THE RIGHT OF WAY ON TOMAHAWK ROAD AT U.S.HIGHWAY 60;SAID AGREEMENT WHEN PREPARED WILL THEN BE SUBMITTED TO THE CITY COUNCIL FOR FURTHER CONSIDERATION AND APPROVAL. Councilwoman Gardner seconded the motion. VOTE:Unanimous SPECIAL MEETING OF THE CITY COUNCIL MAY 24,1989 PAGE 8 The motion carried. AUTHORIZING DONOHUE ENGINEERING TO PROCEED WITH THE FINAL DESIGN FOR A STORM DRAIN CORSSING ON SUPERSTITION BLVD.) )Mayor Bluntschly stated that Director of Public Works Rich Broman has requested that this item be deleted from the agenda. Mr.Broman explained that after attending a Maricopa Association of Governments Transportation Improvement Program Committee meeting,the consultant has indicated that the report required for the Federal Aide Plan will not be ready to fall within this fiscal year. Vice Mayor Damiano MOVED THAT THIS ITEM BE DELETED FROM THE AGENDA AND TABLED. Councilwoman Gardner seconded the motion. VOTE:Unanimous The motion carried. ADJOURNMENT )There being no further business to discuss,Mayor Bluntschly adjourned the meeting at 8:06 p.m. APPROVED AND ADOPTED THIS 18TH DAY OF JULY ,1989,BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA. SIGNED AND ATTESTED TO THIS 24TH DAY OF JULY ETH BLUNTSCHLY Mayor ATTEST: KATHLEEN CONNELLY City Clerk SPECIAL MEETING OF THE CITY COUNCIL MAY 24,1989 PAGE 9 ,1989.