HomeMy WebLinkAboutRES 18-21RESOLUTION NO. 18-21
A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY
OF APACHE JUNCTION, ARIZONA, APPROVING CASE CUP -9-17,
AN APPEAL OF A CONDITIONAL USE PERMIT REQUEST BY
MEHMOOD MOHIUDDIN TO CONDUCT VARIOUS OUTDOOR ENTER-
TAINMENT ACTIVITIES ON PROPERTY SURROUNDING THE
HITCHING POST AND HP STEAKHOUSE RESTAURANTS, OWNED BY
MR. MOHIUDDIN; ACTIVITES MAY INCLUDE GAZEBO AND WATER
FEATURE, EVENT AND CONCERT AREA (INCLUDING WEDDINGS,
CONCERTS, CAR SHOWS, ART FAIRS, WRESTLING SHOWS, OTHER
EVENTS), SAND VOLLEYBALL COURT, CORNHOLE GAMES,FIRE
PITS, BULL -RIDING AND EVENT ARENA,PUTTING GREEN AND
OTHER SIMILAR ACTIVITIES FOR HIS PATRONS, AS WELL AS
PARKING ACCOMMODATION FOR THE ACTIVITIES AND EVENTS.
WHEREAS, on or about December 27, 2017, a Conditional Use
Permit ("CUP") application was submitted to the City of Apache
Junction ("City" or "Apache Junction") by Mehmood Mohiuddin
("property owner" or "applicant"), requesting approval to
operate an outdoor entertainment venue and other outdoor
activities on his property located at the southeast corner area
of E. Lost Dutchman Boulevard and N. Apache Trail, addressed as
2341 N. Apache Trail (the "subject property"), and which is
partially legally described as:
A part of 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; and
WHEREAS,a complete metes and bounds legal description of
the subject property is available at the City's development
services department; and
WHEREAS, on March 13, 2018, the City's Planning and Zoning
Commission held a work session discussion to discuss case CUP -9-
17 with city planning staff; and
WHEREAS, on March 27, 2018, the City of Apache Junction
Planning and Zoning Commission ("commission") held a public
hearing on case CUP -9-17, wherein the commissioners heard the
RESOLUTION NO. 18-21
PAGE 1 OF 10
staff evaluation and recommendations pertaining to the case, as
well as the applicant's presentation and suggested conditions of
approval; and
WHEREAS, on March 27, 2018, as part of public input, the
commissioners viewed video presentations and heard testimony
both in favor and against the request; and
WHEREAS, on March 27, 2018, the commission, after:1)
receiving satisfactory responses to the questions raised at the
discussion meeting and public hearing; 2) hearing, considering
and discussing all of the facts and comments presented by staff,
applicants, neighbors and other interested parties; 3)reviewing
the land use criteria relevant to the granting of a CUP, as
contained in the Apache Junction City Code,Volume II,Land
Development Code,Chapter 1,Zoning Ordinance,Article 1-16,
Administration,Section 1-16-12,Conditional Use Permits,
Administrative Use Permits and Building Permits,Subsection 1-
16-12(D)(3), and the evaluation of said criteria in the staff
report dated March 27, 2018, voted 6-1 in favor of case CUP -9-
17, citing specific findings relative to the case and prescrib-
ing conditions of approval as memorialized and enumerated in
that document titled "Planning and Zoning Commission Resolution
No. CUP -9-17", a copy of which is available at the city's devel-
opment services department, contained in case file CUP -9-17; and
WHEREAS, on April 16, 2018, within the requisite time
period, an appeal was filed in writing by attorney Evan Bolick
on behalf of his clients, property owners and neighbors of the
Hitching Post, James and Bambi Johnson, Mark and Kindra
Theisman, Nick and Helen Funk, Rich and Kathy Beavers, and
Patrick and Diana La Clair, accompanied by the appropriate fees,
requesting that the commission -approved CUP be forwarded to the
mayor and city council to be overturned due to both procedural
and substantive deficiencies, or alternatively, be modified to
ensure that the expanded use of the Hitching Post does not
contribute to the deterioration of the neighborhood and is
compatible with surrounding properties; 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,
Subsection 1-16-12(D)(7),Appeal and City Council Review:"The
RESOLUTION NO. 18-21
PAGE 2 OF 10
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 by 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 May 15, 2018, the mayor and city council
conducted a new public hearing on the appeal of case CUP -9-17
and heard from the applicants, the appellants, the public and
other interested parties, and made the following decision, with
findings of fact, relative to the CUP appeal request, as
follows:
"That the decision of the planning and zoning commission
memorialized in Planning and Zoning Commission Resolution
No. CUP -9-17, be modified with changes to some of the
conditions based on the following findings:
That pursuant to Apache Junction City Code,Volume II,Zon-
ing Ordinance,Section 1-16-12(D)(3), the uses covered by
the conditional use permit, the manner of its conduct and
any structure involved, will not be detrimental to persons
residing or working in the area, to adjacent property, to
the neighborhood or to the public welfare in general.
This finding is based on the following factors:
Negative impacts arising from the emission of odor, dust,
gas, noise, lighting, vibration, smoke, heat or glare; the
applicant has agreed on the conditions for the dust control
to minimize the dust and various items coming up from the
ground;
Compatibility with surrounding uses and structures; that
the Hitching Post is in B-1 zoning and that was not in
dispute;
RESOLUTION NO. 18-21
PAGE 3 OF 10
Conformance with the general plan; that the Hitching Post
is in fact in compliance with the general plan, that was
not in dispute; and
Unique nature of the property, use and/or development's
physical characteristics; the applicant has developed the
area thus far with some very unique features.
The applicant has met the burden of proof on some factors
mentioned under Finding B."
The following conditions of approval of the resolution are
modified as follows:The 25 conditions of approval brought
forth by the P&Z in Resolution No. CUP -9-17 be replaced as
follows:
1)Within six (6) months of CUP -9-17 ("CUP") approval,
the property owner shall construct a minimum 12 -foot-
high solid wood screen fence designed in the same
"western town" theme as the existing fence to the
south of the Hitching Post Restaurant.This fence
shall be constructed along the east side of the bull-
riding activity area and shall continue, trace and
surround the proposed new activity areas easterly and
southerly of the restaurants, as proposed under the
CUP.No additional outdoor activities allowed by this
CUP in the expansion area shall occur until said
minimum 12 -foot screen fence has been properly
permitted,inspected and approved by the development
services department.
2)Within one (1)year of CUP approval, a properly
engineered and permitted 12 -foot -tall western facade
theme fence shall be constructed along the E. Lost
Dutchman Boulevard and N. Cortez Road frontages of the
east parking lot of the Hitching Post and along the
north side of the property line where the house is.
Said fence shall be set back 10 feet from the edge of
the right-of-way and reserve a 20 -foot by 20 -foot
cutoff corner for visibility.Outside of said fence
facing Lost Dutchman and Cortez, within the 10 -foot
strip, the property owner shall install landscaping
and irrigation improvements in compliance with the
RESOLUTION NO. 18-21
PAGE 4 OF 10
city's "landscape code",Apache Junction City Code,
Volume II,Land Development Code,Chapter 1,Zoning
Ordinance,Article 1-8,Landscape Regulations.Said
landscape plan is subject to review and approval by
the city's development services department planning
division.
3)Within one year of CUP approval, the property owner
shall have a traffic impact analysis prepared for his
property,subject to review and approval by the city
engineer, to determine proper access to said proper-
ties from N. Apache Trail and from E. Lost Dutchman
Boulevard, including the possible construction of
deceleration lanes and other traffic safety
improvements.
4)Within six (6) months of CUP approval, the property
owner shall hire an engineer to conduct a new septic
system analysis of the Hitching Post property, based
on plumbing fixture counts found in Table 2902.1 of
the 2006 International Building Code.The expansion
area shall not be used until the minimum number of
fixtures and properly sized septic systems are
installed/constructed.
5)Within six (6) months of CUP approval, all exterior
lighting shall be brought into compliance with the
Apache Junction City Code,Volume II,Land Development
Code,Chapter 1,Zoning Ordinance,Article 1-10,
Outdoor Lighting Regulations.
6)No more than six (6) concerts and/or other events with
outdoor amplified music shall be held in the western
town area south of the Hitching Post only and said
events shall end by 7pm, local time.These events
will be held only between October 15 and May 15
yearly.Other events in this area which do not
involve any kind of amplified music or loud speakers
are unlimited in number.Lights off for any events
held in the western town area shall be 9pm.
7)For all outdoor concert (or similar) events held in
the western town area, the venue operators shall hire
RESOLUTION NO. 18-21
PAGE 5 OF 10
off -duty Apache Junction police officers to help with
traffic control and safety.Should any of the uses
under this CUP become a demonstrated traffic safety
hazard, additional traffic safety improvements may be
required of the venue operators if warranted.
8)New hours for bull -riding events under this CUP shall
be 7pm to 9pm, Thursdays and Saturdays.Junior rodeo
events may be held at the same time and in place of,
or as part of normal bull -riding nights and hours.
9)Other events of similar or lesser intensity may also
take place in the bull -riding arena, in place of and
on the same days and times of normally allowed bull-
riding events.
10)All music and/or announcer loudspeakers used for
events held in the bull -riding arena shall be shut off
at 9pm and arena lights shall be shut off no later
than lOpm.
11)The owner of the property shall ensure and take
reasonable precautions that any outside music or
loudspeaker use from any of the outside activity areas
is directed away from and is conducted in such a
manner that minimizes disturbance of neighboring
residential properties.
12)All activities held in the newly defined east
expansion area shall end at 9pm, Sunday through
Thursday; and lOpm on Fridays and Saturdays,including
any ambient music.
13)The RV, boat and truck storage lot to the south of the
CUP subject area is not a part of this CUP request and
shall not be used for any employee and/or event or
activity overflow parking at any time.Additionally,
there shall be no parking allowed (related to
activities and events at the Hitching Post) on Lost
Dutchman, Cortez and N. Apache Trail.
14)This CUP approval incorporates by reference the
submitted site plans date stamped 2-26-18,
illustrating the proposed development and activity
RESOLUTION NO. 18-21
PAGE 6 OF 10
areas of the property.The property owner shall not
deviate from said plans without the development
services director's approval for minor changes, or the
Planning and Zoning Commission's approval for major
changes through a CUP amendment process.
15)Substantial increases in intensity and/or major
changes to the CUP, in the opinion of the development
services director, shall be defined as, but shall not
be limited to:increases in traffic or traffic safety
concerns; excessive noise; occupancy/capacity issues;
further expansion of activity areas; increase in or
violation of hours of operation; increase in the num-
ber of events or the hosting of incompatible events;
the quality of the property or venue is diminished;
the intent and character of the property or its
operation is contrary to the intent and spirit of the
CUP approval.
16)The operators of the outdoor entertainment venue may
use the freestanding sign (with the reader board)in
front of the Hitching Post to advertise special events
on the larger property; or a new properly permitted
free-standing monument sign may be placed on the
property along E. Lost Dutchman Boulevard to replace
the sign that is there now, in accordance with the
city's "sign code",Apache Junction City Code,Volume
II,Land Development Code,Chapter 1,Zoning
Ordinance,Article 1-11,Sign Regulations.
17)This CUP for an outdoor entertainment venue shall not
be transferable upon sale of any part of the property.
18)All requirements and obligations pertaining to the
separate economic development agreement and amendments
thereto for the Hitching Post, Dash In and bull -riding
venue remain in full force and effect until such time
as the city council nullifies the agreements.
19)There shall be no direct access from the events center
approved under this CUP to Cortez Road for traffic.
RESOLUTION NO. 18-21
PAGE 7 OF 10
20)This CUP must be renewed no later than three years
from the effective date of approval.Therefore, the
property owner must file a timely and complete
application to renew the CUP several months before the
renewal date.Failure to renew the CUP shall cause
all approvals under this CUP to expire.
21)Prior to the one-year anniversary date of this CUP
approval, planning staff shall bring this item back
for commission review of compliance with conditions
and consideration of further commission requirements
or actions.
22)If any condition of approval is not met in the time
allowed, the P&Z Commission shall review the circum-
stances and determine what action is appropriate.
23)At such time as sewer service reaches the property,
the entire facility shall become connected to the
sewer district system.
24)All signage on the subject property, including signage
for the Hitching Post/HP Steakhouse/Dash In and events
areas, shall at all times be in compliance with the
city's "Sign Code"(as referenced in 16 above),
including free-standing signs, permanent attached
signs, window signs and banners.
25)Proper building permits shall be obtained and
inspections and approvals received for any electrical,
plumbing, remodeling, stages or scenery, announcer
stands or bleachers,fire pits, signage or other
property improvements which require permits,in
accordance with the concept plans and narrative
received for CUP -9-17.
26)All parking lots shall be treated for dust proofing in
accordance with the options contained in the city's
engineering guidelines for dust control mitigation,
pursuant to Apache Junction City Code,Volume I,
Chapter 9,Health and Sanitation,Section 9-1-3(B),
Vehicles,Subsection 9-1-3(B)(6), or other solutions
accepted by the development services engineer.
RESOLUTION NO.18-21
PAGE 8 OF 10
27)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,Subsection 1-16-12(D)(5),Expiration,the ap-
plicants shall improve and begin operating the outdoor
entertainment venue in accordance with the submitted
drawings, narrative and prescribed conditions of
approval, within 12 months of the granting of the CUP
or else the CUP shall become void.
28)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,Subsection 1-16-12(D)(6),Revocation,the
planning and zoning commission shall reserve the right
to reconsider the CUP approval for the outdoor enter-
tainment venue, at a new public hearing,for noncom-
pliance with any condition prescribed as part of said
CUP permit approval,including sign violations or
safety problems.
WHEREAS, on the same date, the mayor and city council
decided that the previously stated findings and conditions
be included in a resolution drafted by the development
services department staff, approved as to form by the city
attorney,signed by the mayor and attested to by the city
clerk as soon as possible in the coming days.
PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
APACHE JUNCTION, ARIZONA, ON THIS 15th DAY OF May,2018.
SIGNED AND ATTESTED TO THIS DAY OF41 #/1/4 1 , 2018.
RESOLUTION NO. 18-21
PAGE 9 OF 10
ATTEST:
KATHLEEN CONNELLY
City Clerk
APPROVED AS TO FORM:
4 X --• 5-23.15B
RICHARD J. STERN
City Attorney
RESOLUTION NO. 18-21
PAGE 10 OF 10