P-26-64-PZ Staff Report 10-27-26
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1 City of Apache Junction Development Services Department PLANNING AND ZONING COMMISSION PUBLIC HEARING STAFF REPORT DATE: October 27, 2026 TO: Planning and Zoning Commission THROUGH: Rudy Esquivias, Development Services Director Sidney Urias, Development Services Deputy Director FROM: Liliana Valadez, Associate Planner CASE NUMBER: P-26-64-PZ “Watermill Express Planned Development Amendment” OWNER: McLean Holdings LLC PO BOX 15654 Scottsdale, AZ 85267 APPLICANT: Watermill Express, represented by Bob Kralicek & Red Star Vapor & Smoke, represented by Michael Williams REQUEST: Proposed Planned Development Major Amendment of Ordinance No. 1443 to amend the existing palette of uses to permit vending machine and tobacco sales. LOCATION: The property is generally located near the northwest corner of Apache Trail and Delaware Drive (APN: 101-05-141A) GENERAL PLAN DESIGNATION: Commercial ZONING DESIGNATION: General Commercial by Planned Development (B-1/PD) Cases P-26-6-PZ October 27, 2026 Planning and Zoning Commission Staff Report 2 SURROUNDING USES: North: Medium/High Density Single-Family Detached Residential (RS-7M) South: General Commercial(B-1) East: General Commercial by Planned Development and a Single-Family Residential Lot (B-1/PD) West: General Commercial by Planned Development (B-1/PD) PROPOSALS P-26-64-PZ is a proposed planned development (“PD”) major amendment to Ordinance No. 1443, which created a PD zoning overlay affecting a parcel of approximately 4.53 acres, APN: 101-05-141A. The proposed amendment would expand the approved uses to permit vending machine sales for a new water kiosk and tobacco product sales at the existing Red Star Vapor & Smoke location within the shopping center. Both uses are permitted by right in the General Commercial “B-1” zoning district. BACKGROUND In 2002, the city approved the city-initiated rezoning request PZ-4-02, Ordinance No. 1168 (see attached), rezoning 32 parcels, approximately 80 acres. Located in the Meridian Redevelopment Area, which received a Council-reviewed improvement plan in May 2000. These properties sit along West Apache Trail between Meridian and Delaware Drives, and along the north side of 4th Avenue between Meridian and Warner Drives. The parcels were zoned from General Commercial “C-3”, General Business Zone “CB- 2”, Trailer Homesite “TH”, Transitional Zone “TR”, and Light Industry and Warehouse Zone “CI-1/PD” to General Commercial by Planned Development “C-3/PD” and Light Industry and Warehouse by Planned Development “CI-1/PD”, the equivalent of the current General Commercial “B-1” and Industrial “B-5” zoning districts. The development of the above-described properties is subject to Planned Development conditions, which include Southwest architectural themes, earth-tone colors, complementary signage, Cases P-26-6-PZ October 27, 2026 Planning and Zoning Commission Staff Report 3 low-pressure sodium fixtures, a maximum building height of 35 feet, as well as a limited palette of uses. In accordance with PZ-4-02, the subject site, an approximately 4.5-acre property located near the northwest corner of Apache Trail and Delaware Drive, was rezoned from General Business Zone “CB-2” to General Commercial District by Planned Development “C- 3/PD”. The site remained vacant until Apache Mustang 1 & 2, LLC purchased it in 2007, constructing the present shopping center in 2008. The adoption of the city’s new zoning ordinance and new zoning district maps in May of 2014 renamed the zoning of the property from General Commercial District by Planned Development “C-3/PD” to General Commercial by Planned Development “B-1/PD”, maintaining the conditions of approval listed in Ordinance No. 1168 in full force and effect. In 2017, the city approved the Planned Development Major Amendment request PZ-14-16, Ordinance No. 1443, updating the existing palette of permitted conditional, administrative, and prohibited uses allowed in the shopping center. Tobacco and Vending Machine Sales were designated as prohibited uses. In 2018, Red Star Vapor, now Red Star Vapor & Smoke, began operating in Suite 103 after obtaining a business license restricted to vape retail. Because municipal code did not explicitly classify vapor as tobacco at the time, the business was permitted to operate. However, current regulations consolidate vapor, nicotine, and smoke products under the uniform category of "Tobacco and Related Product Sales." By continuing to sell these products, the business was found in violation of Ordinance No. 1443 restrictions. At this time, Watermill Express, along with Red Star Vapor & Smoke, seeks to expand the existing palette of uses approved through Ordinance No. 1443 to permit the sale of tobacco products and vending machines. PLANNING STAFF ANALYSIS Relationship to General Plan: The subject site is designated by the City’s general plan as “Commercial”. Commercial represents commercial and office areas with convenient access to major roadways that are close to residential areas, intended to serve the surrounding community Cases P-26-6-PZ October 27, 2026 Planning and Zoning Commission Staff Report 4 consisting of general retail, restaurants, department chain stores, grocery stores, and professional offices. Zoning/Site Context: The approximate 4.5-acre property is a privately owned parcel surrounded by single-family residential to the north, a single- family residential lot to the east, general commercial by planned development to the east and west, and general commercial to the south. The General Commercial “B-1” zoning district allows for a variety of general commercial uses. The existing PD overlay for the shopping center addresses a narrower palette of uses than is permitted by right within the “B-1” zoning district. Cases P-26-6-PZ October 27, 2026 Planning and Zoning Commission Staff Report 5 Public Input: Two separate neighborhood meeting notification letters were sent to property owners within a three-hundred-foot (300’) radius, per the standard requirements of a rezoning, notifying neighbors of the proposed development and providing them contact information to learn more about the project. On July 29, 2024, the representative for Watermill Express facilitated a neighborhood meeting in person at the Apache Junction Multi-Generational Center, to which no one attended. On September 3, 2026, the representative from Red Star Vapor & Smoke facilitated a neighborhood meeting in person at the Apache Junction Multi-Generational Center, to which no one attended. Staff has not received any comments regarding the proposed Planned Development Major Amendment. PLANNING DIVISION RECOMMENDATION In review of the project proposal, Staff is supportive of the proposed Planned Development Major Amendment Case P-26-64-PZ and respectfully recommends to the Commission a favorable recommendation to the City Council, subject to the conditions of approval noted below. Cases P-26-6-PZ October 27, 2026 Planning and Zoning Commission Staff Report 6 If the Planning and Zoning Commission chooses to recommend the approval of the case, Commissioners may recommend changes or conditions of approval to the plans which they feel will improve the development plan. RECOMMENDED MOTION FOR REZONING I move that the Planning and Zoning Commission recommend to the Apache Junction City Council the approval of Planned Development Major Amendment case P-26-64-PZ, a request by Watermill Express, represented by Gennavie Bronczyk, and Red Star Vapor & Smoke, represented by Michael Williams, proposing to rezone Parcel 101- 05-141A, currently zoned General Commercial by Planned Development “B-1/PD,” to expand the palette of uses of Ordinance No. 1443, subject to the following conditions of approval: 1) Ordinance No. 1443 is amended to allow tobacco and related product sales and vending machine sales. 2) Any future request that is not part of the land use matrix will be subject to a Planned Development Major Amendment. ---------------------------------------------------------------- _________________________ Prepared by Liliana Valadez Associate Planner Attachments: Exhibit #1 - Project Narrative Exhibit #2 – Proposed Site Plan Exhibit #3 – Proposed Elevations Exhibit #4 – Aerial Map Exhibit #5 – Public Participation Final Report Exhibit #6 – Ordinance No. 1168 Exhibit #7 – Ordinance No. 1443 Cases P-26-6-PZ October 27, 2026 Planning and Zoning Commission Staff Report