HomeMy WebLinkAboutRES 04-23RESOLUTION NO. 04-23
A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE
.CITY OF APACHE JUNCTION,ARIZONA,OVERRULING THE
PLANNING AND ZONING COMMISSION'S DENIAL OF CASE NO.
CUP -1-04.
WHEREAS,on April 23,2002,the Planning and Zoning
Commission ("P&Z Commission")passed and adopted Resolution
Number CUP -2-02,allowing Desert Bible Chapel Church
("Church") to build and operate a church on a 7.5 acre, CR-3
zoned property, located at 1843 West 16th Avenue, subject to
certain conditions, and legally described as:
The west 530 feet of the Northwest quarter of the
Northeast quarter of the Southeast quarter of
Section 30, Township 1 North, Range 8 East of the
Gila and Salt River Base and Meridian,Pinal
County, Arizona;except the north 40 feet and the
west 30 feet thereof;also known as Pinal County
Assessor Parcel Number 102-11-011A; and
WHEREAS,on July 9,2004,a Conditional Use Permit
("CUP")Amendment application was filed under case number
CUP -1-04,pursuant to Apache Junction City Code,Volume II,
Land Development Code,Chapter 1,Zoning Ordinance to allow
an amendment to P&Z Commission Resolution No. CUP -2-02 for a
waiver of the under -grounding of overhead utility lines
requirement and to allow the use of the main church building
as a kindergarten through six grade ("K-6")elementary
school; and
WHEREAS,on August 24,2004,the P&Z Commission denied
the Church's request by a vote of 3 to 2; and
WHEREAS, on August 26, 2904, the Church, pursuant to the
Apache Junction City Code,Volume II,Land Development Code,
Chapter 1,Zoning Ordinance,Article 6,General Provisions
and Exceptions,Section 6.0101.4, filed an appeal; and
WHEREAS,on September 21,2004,the Mayor and City
Council held a public hearing and reviewed the findings of
the P&Z Commission.
RESOLUTION NO. 04-23
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NOW,THEREFORE,BE IT RESOLVED by the Mayor and City
Council of the City of Apache Junction, Arizona, that:
1)Pursuant to the Apache Junction City Code,Volume
II,Land Development Code,"Chapter 1,Zoning
Ordinance,Article 6,General Provisions and
Exceptions,Section 6.0101.4,the Mayor and City
Council of the City of Apache Junction,Arizona,
overrule the August 24;2004,P&Z Commission
decision denying a CUP amendment.
2)The Mayor and City Council find the manner in which
the K-6 elementary school will be operated and the
building in which it will be housed, will not be
detrimental to persons residing or working in the
area,to the adjacent property,to the
neighborhood, or to the public welfare in general.
• 3)The Mayor and City Council further find the Church
has met its burden of proof in showing:
a)There is adequate roadways,off-street
parking,public facilities and services to
accommodate the proposed use and provisions
for upgrading or additional improvements.
b)The emission of odor,dust,gas,noise,
vibration,smoke,heat or glare will be
nonexistent or will be otherwise mitigated to
a reasonable degree.
c)The operation of a K-6 elementary school will
not contribute to the deterioration of the
neighborhood nor will it down grade property
values.
d)The proposed use is compatible with the
surrounding uses and structures.
The proposed use is in conformance with the
General Plan policies and City standards.
f)The proposal includes adequate screening and
buffering,except for additional .trees, which
RESOLUTION NO. 04-23
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are required as set forth in more detail
4)This decision is subject to the following
conditions:
a)The Church shall install trees along the
southern property line at a rate of one (1)
tree every thirty linear feet, all trees shall
be fifteen (15)gallon -sized trees, within 90
days of Conditional Use Permit approval.
b)The Church shall submit a design drawn by a
registered landscape architect which meets the
City of Apache Junction Parks and Recreation
Open Space and Right -of -Way Standards and must
include,among other things,a pedestrian
trail amenity within the flood plain area
only.The church shall negotiate and
facilitate the creation of a permanent
pedestrian easement in accordance with the
General Plan,within 90 days of Conditional
Use Permit Approval.This pedestrian trail
amenity shall be constructed and maintained by
the City.The exact location and design is
subject to the approval of the Zoning
Administrator and subject to the language
approved and agreed to by counsels of both the
Church and the City..
c)If at a .future date the Church desires to
install playground equipment,such equipment
shall be located a minimum of fifty feet (50')
from the southern and western property lines.
d)The Church shall install ,and maintain turf
(grass)on the sides and slopes of the entire
drainage :channel within 24 months of
Conditional Use Permit approval.
e)The Church shall install a deceleration lane
along 16th Avenue, or device that is an
acceptable solution to the City Engineer, when
the average daily traffic count warrants it or
the Church Expands it uses; or subject to the
RESOLUTION NO. 04-23
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determination, specifications and approval of
the City.Engineer.The Church and City
Engineer shall Work out an agreement within 90
days of Conditional Use Permit approval.
f)The church :and school shall be operated in the
manner-..as -described in the CUP application;
any additional extra -curricular activities
that exceed available parking,not referenced
in the application,shall require a
Conditional Use Permit Amendment.
g)This CUP may be subject to reconsideration or
revocation by the P&Z Commission if:1)
substantial construction of the above-
referenced items has not occurred within one
(1)year of the effective date of this CUP
approval;or 2)upon recommendation of the
Zoning Administrator, if any of the conditions
listed above have not been met or have been
violated.
5)Under this CUP,the Church is not required to
underground overhead utility lines since strict
enforcement of the undergrounding regulations set
forth in the Apache Junction City Code,Volume II,
Land Development Code,Chapter 6,Article 6-1,
Landscaping and Screening Requirements,Section 6-
1-6(D),Undergrounding of Overhead Utility Lines,
constitutes a n undue hardship on the Church and
minimal benefits would accrue to the City if
enforced; in particular, the undergrounding is not
feasible or practical based on the comparative
costs between underground and overhead
installation.
RESOLUTION NO. 04-23
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PASSED AND ADOPTED BY THE .MAYOR AND CITY COUNCIL OF THE CITY
OF APACHE JUNCTION, ARIZONA, ON THIS 21ST DAY OF SEPTEMBER,
2004.
SIGNED AND ATTESTED TO THIS 27TH DAY OF FEBRUARY
2007.
DOUGLAS OPOLEMAN
Mayor
ATTEST:
KATHLEEN CONNELLY
City Clerk
APPROVED AS TO FORM:
RICHARD J. STERN
City Attorney
RESOLUTION NO. 04-23
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