Planning and Zoning Commission
Regular MeetingApache Junction, AZ · May 12, 2015
Minutes
Meeting location:
City of Apache Junction, Arizona
City Council Chambers
at City Hall
Meeting Minutes 300 E Superstition Blvd
Apache Junction, AZ
Planning and Zoning Commission 85119
www.ajcity.net
Ph: (480) 982-8002
www.ajcity.net
P: (480) 474-5083
F: (480) 982-7010
Theresa Nesser, Chair
Colleen Hill, Vice Chair
Luciano Buzzin, Commissioner
Peter Heck, Commissioner
Liza Kovach, Commissioner
Pat Richmond, Commissioner
Robert Schroeder, Commissioner
Tuesday, May 12, 2015 7:00 PM City Council Chambers
1. Call to Order
Chair Nesser called the meeting to order at 7:00 pm.
2. Pledge of Allegiance
Chair Nesser led the Pledge of Allegiance.
3. Roll Call
Present 4- Chairperson Nesser
Commissioner Schroeder
Commissioner Buzzin
Commissioner Heck
Excused 3- Vice Chair Hill
Commissioner Kovach
Commissioner Richmond
Staff present:
City Attorney Joel Stern
Senior Planner Rudy Esquivias
Director Larry Kirch
4. Consent Agenda
Yes: 4- Chairperson Nesser, Commissioner Schroeder, Commissioner Buzzin and
Commissioner Heck
No: 0
Excused: 2- Commissioner Kovach and Commissioner Richmond
Commissioner Heck made a motion to approve the Consent Agenda and the minutes of January
28, 2014, meeting as presented. Commissioner Buzzin seconded the motion. The Planning and
Zoning Commission approved the Consent Agenda and the minutes as presented.
15-145 Consideration of acceptance of agenda.
City of Apache Junction, Arizona Page 1
Planning and Zoning Commission Meeting Minutes May 12, 2015
15-146 Consideration of approval of minutes of regular meeting of April 28, 2015.
5. Call to the Public
Tobia Eaks, 930 W. Roundup Street in Apache Junction, addressed the commission regarding
rainwater runoff. A neighbor build a berm with dirt, paving stones, etc. and other durable
materials to block rainwater. She is concerned about being flooded out. She has been told there
are no provisions for runoff, except to argue in civil court. Planning and Zoning made him move
debris, but he has put in more substantive barriers along the fence. She is researching various
laws, but neighbor is aggressive and hostile. Why aren't there laws in Apache Junction?
Chairperson Nesser asked City Attorney Stern if the commission should ask staff to advise them.
City Attorney Stern advised Development Services or Public Works staff to discuss issue and get
back to Ms. Eaks and report back to Planning and Zoning Commission.
Commissioner Heck would also like the issue explored.
6. Public Hearings
15-135 Consideration and action on PZ-1-15 a city initiated request for a
proposed rezoning of a +/-17.5 acre property, located at 800 W. Apache
Trail, from RVP (Recreational Vehicle Park) to MHP (Manufactured Home
Park) for the purpose of correcting the zoning.
Sponsors: Rudy Esquivias
Yes: 3- Chairperson Nesser, Commissioner Schroeder and Commissioner Heck
No: 1- Commissioner Buzzin
Excused: 2- Commissioner Kovach and Commissioner Richmond
Senior Planner Rudy Esquivias presented the case for the corrective rezoning of the Apache
Junction Mobile Home Park, which occurred with the recent adoption of the city's new Zoning
Ordinance and zoning district maps. Apache Junction Mobile Home Park, located at 800 W.
Apache Trail, is currently zoned RVP (Recreational Vehicle Park). Prior to the rezoning the
property was zoned CB2 (General Commercial) and when the new zoning was adopted the
property was zoned to RVP. The park is predominantly home to manufactured homes which
doesn't really fit the RVP designation. Staff is asking that the Commission recommend approval
of the city-initiated rezoning from RVP to MHP (Manufactured Home Park) with the condition that
the park be operated pursuant to the Apache Junction City Code, Volume II, Land Development
Code, Chapter 1 Zoning Ordinance, Article 1-9-3.
Commissioner Buzzin voiced some concerns regarding lot sizes in the park; that the park cannot
actually house manufactured homes.
Senior Planner Esquivias stated the property pre-dates the city and the lots may not meet the
current city standards; they are not asking the developer to redevelop the park, they are just
trying to apply a zoning that is more reasonable than the RV Park designation. The RVP zoning
typically only allows RV's in the park, no manufactured homes are allowed. This does not apply to
this grandfathered park.
Commissioner Heck asked why this park was zoned RVP.
City of Apache Junction, Arizona Page 2
Planning and Zoning Commission Meeting Minutes May 12, 2015
Senior Planner Esquivias said he believed it was just an honest mistake.
Chair Nesser asked if the city had in the zoning ordinance a difference between manufactured
home park and a mobile home park.
Senior Planner Esquivias said no.
Chair Nesser opened the public hearing.
There being no one wishing to be heard, Chair Nesser closed the public hearing.
Commissioner Heck moved to recommend approval of case PZ-1-15, the corrective rezoning of
the Apache Junction Mobile Home Park with the condition. Commissioner Schroeder seconded
the motion. The Planning and Zoning Commission approved the motion with a 3-1 vote.
7. Old Business
None.
8. New Business
15-137 Presentation and discussion on Conflicts of Interest, Open Meeting Law and
Public Record Law by City Attorney.
Sponsors: Joel Stern
City Attorney Joel Stern suggested the item be tabled until all commissioners are in attendance.
Commission decided to table until a future meeting.
9. Information and Reports
None.
10. Director's Report
None.
Chair Nesser said sometimes people in the community ask what is going on around the city and
the commissioners don't usually know.
Development Services Director Larry Kirch said the department can provide the commissioners
with a quarterly development update.
11. Selection of Meeting Dates, Times, Location and Purpose
Commissioner Heck motioned and Commissioner Schroeder seconded to hold Regular Meetings
on June 9 and June 23, 2015, at 7:00 p.m. in the City Council Chambers located at 300 E.
Superstition Boulevard. The motion passed by a 4-0 vote.
12. Adjournment
City of Apache Junction, Arizona Page 3
Planning and Zoning Commission Meeting Minutes May 12, 2015
Meeting adjourned at 7:31 p.m.
______________________________
Theresa Nesser
Chairperson
City of Apache Junction, Arizona Page 4
Agenda
Meeting location:
City of Apache Junction, Arizona
City Council Chambers
at City Hall
300 E Superstition Blvd
Agenda Apache Junction, AZ
85119
Planning and Zoning Commission
www.ajcity.net
Ph: (480) 982-8002
www.ajcity.net
P: (480) 474-5083
F: (480) 982-7010
Theresa Nesser, Chair
Colleen Hill, Vice Chair
Luciano Buzzin, Commissioner
Peter Heck, Commissioner
Liza Kovach, Commissioner
Pat Richmond, Commissioner
Robert Schroeder, Commissioner
Tuesday, May 12, 2015 7:00 PM City Council Chambers
1. Call to Order
2. Pledge of Allegiance
3. Roll Call
4. Consent Agenda
The following non-controversial items have been grouped together for action by one unanimous vote as
a time-saving device. Any Commissioner may remove an item from the Consent Agenda for discussion
and separate action.
15-145 Consideration of acceptance of agenda.
15-146 Consideration of approval of minutes of regular meeting of April 28,
2015.
City of Apache Junction, Arizona Page 1 Printed on 5/7/2015
Planning and Zoning Commission Agenda May 12, 2015
5. Call to the Public
This is the time set aside at each of our meetings for the public to address the Planning and Zoning
Commission. If you wish to speak, you must fill out a Request to Speak form and hand it to the Clerk. If
there is a group speaking on the same subject, please choose a spokesperson to avoid repetition. If
you have any materials that you want to circulate to the Chairman and Commissioners, please hand
them to the Clerk and he/she will distribute them to us.
Requests, petitions, remonstrances, communications, comments or suggestions from citizens shall be
heard. However, Call to the Public is typically limited to planning or zoning matters within the jurisdiction
of the City. No personal attacks shall be permitted and common courtesy should be practiced at all
times. All remarks shall be addressed to the Commission as a whole and not to any one member of the
Commission, City staff or the public.
Each speaker must approach the podium, face the Commission, speak into the microphone, and
provide their name and address. There is a three (3) minute time limit per speaker. If the content of the
information relates to a public hearing, the Chairman may advise the speaker to wait for the public
hearing on that particular issue.
Arizona Open Meeting Law allows individuals to address this government body on any issue within its
jurisdiction. Members may not answer your questions or discuss your comments at this time. However,
at the conclusion of the Call to Public, they may do any of the following: 1) respond to criticism made by
any individual who addresses them; 2) ask staff to review a matter; 3) ask staff to place the matter on a
future agenda. This entity shall not discuss or take legal action on matters raised at Call to Public
unless the matters have been properly noticed for discussion and legal action. Please stand and state
your
6. Public Hearings
The following items are public hearings where members of the public are given the opportunity to speak.
Once recognized by the Chairman, please come to the podium microphone and give your name and
address. There is a five-minute time limit per speaker.
15-135 Consideration and action on PZ-1-15 a city initiated request for a
proposed rezoning of a +/-17.5 acre property, located at 800 W.
Apache Trail, from RVP (Recreational Vehicle Park) to MHP
(Manufactured Home Park) for the purpose of correcting the zoning.
Sponsors: Rudy Esquivias
7. Old Business
8. New Business
The Commission shall consider any business not yet considered. Arizona Open Meeting Law prohibits
public comments at this time.
15-137 Presentation and discussion on Conflicts of Interest, Open Meeting Law
and Public Record Law by City Attorney.
Sponsors: Joel Stern
City of Apache Junction, Arizona Page 2 Printed on 5/7/2015
Planning and Zoning Commission Agenda May 12, 2015
9. Information and Reports
The Chair at this time may announce information regarding activities involving Planning and Zoning
matters, such as, but not limited to attendance of Commission Members at community meetings or
events, seminars or conferences, or upcoming events or conferences.
10. Director's Report
The Development Services Director, members of City staff or those individuals designated by the
Manager, may present information pertinent to items under consideration or information related to the
operation of the City.
11. Selection of Meeting Dates, Times, Location and Purpose
Hold Regular Meetings on June 9, 2015, and June 23, 2015, at 7:00 p.m. in the City Council Chambers
located at 300 E. Superstition Boulevard.
12. Adjournment
Copies of this agenda and additional information regarding any of the items listed above may be
reviewed from 7:00 a.m. to 6:00 p.m., Monday through Thursday, except holidays, at the Department of
Development Services, Planning Division, City Hall Complex, 300 East Superstition Boulevard, Apache
Junction, Arizona, 85119-2889, telephone number is (480)474-5083.
The City of Apache Junction invites and welcomes people of all abilities to use our programs, sites and
facilities. Specific requests may be made by contacting the Human Resources Office at (480) 474-2617
or TDD (480) 983-0095.
City of Apache Junction, Arizona Page 3 Printed on 5/7/2015
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