HomeMy WebLinkAboutRES 15-08RESOLUTION NO. 15-08
A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY
OF APACHE JUNCTION, ARIZONA, DENYING A CONDITIONAL USE
PERMIT, CASE NO. CUP -3-14, TO ALLOW MEHMOOD MOHIUDDIN
TO CONDUCT VARIOUS OUTDOOR ENTERTAINMENT ACTIVITIES ON
HIS PROPERTIES, LOCATED AT THE SOUTHEAST CORNER AREA
OF E. LOST DUTCHMAN BOULEVARD AND N. APACHE TRAIL,
ADJACENT TO OR NEAR THE HITCHING POST RESTAURANT,
INCLUDING CONCERTS, GUN FIGHT SHOWS, VARIOUS OUTDOOR
GAMES, KIDS GAMES AND OTHER SIMILAR ACTIVITIES, AS
WELL AS PARKING ACCOMMODATION FOR THE EVENTS AND
ACTIVITIES.
WHEREAS, on or about December 8, 2014, a Conditional Use
Permit ("CUP") application was submitted to the City of Apache
Junction by Mehmood Mohiuddin (property owner), requesting
approval to operate an outdoor entertainment venue and other
outdoor activities on his properties located at the southeast
corner area of E. Lost Dutchman Boulevard and N. Apache Trail,
which are legally described as:
Pinal County Assessor parcels 100-25-001C,001E, 003,
010A and 043A, all located in the Northeast quarter of
the Northeast quarter of the Northwest quarter of
Section 15, Township 1 North, Range 8 East of the Gila
and Salt River Base and Meridian,Pinal County,
Arizona (complete metes and bounds legal descriptions
of the subject properties are available at the City of
Apache Junction Development Services Department); and
WHEREAS, on January 13, 2015, the City of Apache Junction
Planning and Zoning Commission held a Work Session meeting to
discuss case CUP -3-14 with Planning Staff; and
WHEREAS, on January 27, 2015, the City of Apache Junction
Planning and Zoning Commission held a Public Hearing on case
CUP -3-14, wherein the Commissioners heard the staff evaluation
and recommendations pertaining to the case, the Applicant's
presentation, and where public input was heard and concerns were
expressed over issues such as noise, traffic congestion,
disturbance of the peace and quiet of the neighborhood, and the
fear that the outdoor entertainment venue was going to devalue
nearby residential properties; and where many public comments
RESOLUTION NO. 15-08
PAGE 1 OF 4
were also expressed in favor of the outdoor entertainment venue;
and
WHEREAS, on January 27, 2015, after hearing the comments of
the neighbors and other interested parties and discussing the
issues presented; and after: 1) receiving satisfactory responses
to the questions raised at the public hearing; 2) hearing and
considering all of the facts presented, including reviewing the
land use criteria relevant to the granting of a CUP; and 3)
hearing testimony and concerns from the public, applicants and
staff, the Planning and Zoning Commission voted 5-0 in favor of
case CUP -3-14, with conditions;and
WHEREAS, on February 11, 2015, within the requisite time
period for filing an appeal,an appeal was filed in writing by
neighboring property owners James Johnson, Stephen Fugate,
Nicholas Funk and Mark Theismann, accompanied by the appropriate
fees,requesting that the Commission -approved CUP be forwarded
to the Mayor and City Council for consideration of denial; and
WHEREAS, pursuant to Apache Junction City Code,Volume II,
Land Development Code,Chapter 1 Zoning Ordinance,Article 1-16
Administration,Section 1-16-12 Conditional Use Permits,Subsec-
tion 1-16-12(D)(7)Appeal and City Council Review:"The approval
or denial of a CUP by the Commission shall be final unless,
within 20 calendar days from the date of the Commission's
decision, the applicant or any persons aggrieved by the decision
appeals the decision to the City Council.The appeal shall be
in writing, filed with the Development Services Department, and
shall indicate how the Commission was in error.The appeal
shall be accompanied b y a fee equal to 50% of the original fil-
ing fee.The appeal shall require a Council public hearing and
notification provided in the same manner as required for the
Planning and Zoning Commission hearing.The Council, at its
public hearing, shall uphold modify or overrule the decision of
the Commission.The decision of the Council shall be final";
and
WHEREAS, on February 17, 2015, Development Services Depart-
ment staff received a letter from Mehmood Mohiuddin, informing
the Planning and Zoning Commission and Mayor and City Council
that in order to keep •good relations with his neighbors, he
decided not to continue with his approved CUP; and
RESOLUTION NO. 15-08
PAGE 2 OF 4
WHEREAS, because: 1) a decision on the CUP case was made
and is in full force and effect; 2) a proper appeal was filed in
writing, accompanied by the appropriate fees; and 3) due process
and other legal considerations still apply; therefore, this case
requires a new public hearing and a Mayor and City Council
decision to resolve; and
WHEREAS, on March 17, 2015, the Mayor and City Council of
the City of Apache Junction conducted a new public hearing on
case CUP -3-14 and after hearing from Mr. Mohiuddin, appellant
James Johnson, and other interested parties, the Council decided
to continue the case until their meeting of April 21, 2015, in
order to give the applicant and the appellants time to meet and
possibly work out a compromise solution to the concerns
expressed; and
WHEREAS, subsequent to the March 17, 2015 meeting, Mr.
Mohiuddin informed Development Services staff that he was no
longer interested in meeting with the neighbors and once again
asked that the CUP request be removed from Council
consideration; and
WHEREAS, on April 21, 2015, after conducting another public
hearing on the CUP request, the Mayor and City Council made
their decision.
NOW THEREFORE, BE IT RESOLVED by the Mayor and City Council
of the City of Apache Junction, Arizona, that Resolution No. 15-
08, a resolution of the Mayor and City Council of the City of
Apache Junction, Arizona,denying a Conditional Use Permit, case
CUP -3-14, to allow Mehmood Mohiuddin to conduct various outdoor
entertainment activities on his properties, located at the
southeast corner of E .Lost Dutchman Boulevard and N. Apache
Trail, adjacent to or near the Hitching Post Restaurant,
including concerts, gun fight shows, various outdoor games, kids
games and other similar activities, as well as parking accom-
modation for the events and activities, be approved for the
following reason:
1)In order to honor Mr. Mohiuddin's request to withdraw.
PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
APACHE JUNCTION, ARIZONA, ON THIS 21ST DAY OF APRIL , 2015.
SIGNED AND ATTESTED TO THIS 7 /4 DAY OF %.....444yAqy , 2016.
RESOLUTION NO. 15-08
PAGE 3 OF 4
1 1 44::‘4
N S. INS 9LACO
avorayor
ATTEST:
KATHLEEN CONNELLY
City Clerk
APPROVED AS TO FORM:
RICHARD J. STERN
City Attorney
RESOLUTION NO. 15-08
PAGE 4 OF 4