P-26-4-PZ Staff Report 6-23-26
Extracted text (via pymupdf)
17767 characters
1
Case P-26-4-PZ
June 23, 2026 Planning and Zoning Commission Staff Report
City of Apache Junction
Development Services Department
PLANNING AND ZONING COMMISSION
PUBLIC HEARING STAFF REPORT
DATE:
June 23, 2026
TO:
Planning and Zoning Commission
THROUGH:
Rudy Esquivias, Development Services
Director
Sidney Urias, Development Services Deputy
Director
FROM:
Nicholas Leftwich, Principal Planner
CASE NUMBER:
P-26-4-PZ “Banyan Apartments”
OWNER:
Prestige Partners, LLC, C/O: Zach Pebler
3100 W. Ray Road #100
Chandler, AZ 85226
APPLICANT:
Banyan Residential, LLC
Represented by Nick Woods and Noel
Griemsmann of Snell & Wilmer LLP
REQUEST:
Proposed planned development rezoning of
approximately 6.7 net acres currently
zoned High Density Multiple-Family
Residential (“RM-2”) to High Density
Multiple-Family Residential by Planned
Development (“RM-2/PD”) with a new planned
development overlay to authorize an
amendment to the development plans
approved in Ordinance No. 1526 for the
development of a 146 unit, two and three-
story apartment complex.
LOCATION:
The subject site is located near the
southeast corner of N. Rennick Drive & W.
Virginia Street. (APN 101-13-108D)
2
Case P-26-4-PZ
June 23, 2026 Planning and Zoning Commission Staff Report
GENERAL PLAN
DESIGNATION:
Downtown Mixed Use
ZONING DESIGNATION:
High Density Multiple-Family Residential
(“RM-2”)
SURROUNDING USES:
North: RM-2 (“High Density Multiple-Family
Residential”) & RS-20M (Medium Density
Single-Family Detached Residential)
residential properties;
South: B-2 “Old West Commercial” Arnold’s
Auto Center commercial property;
East: RVP (“Recreational Vehicle Park”)
Lost Dutchman RV Resort & MHP
(“Manufactured Home Park”) Apache Junction
Mobile Home Park;
West: RS-20M Single-Family Residences.
PROPOSALS
P-26-4-PZ is a proposal by Banyan Residential, LLC to rezone
approximately 6.7 net acres, currently zoned High Density
Multiple-Family Residential (“RM-2”), with a new planned
development (“PD”) to amend to the development plans approved in
Rezoning Case P-22-29-PZ through Ordinance No. 1526 with
modified site plans and architecture in order to facilitate the
development of a 146 unit, two and three-story apartment
complex. While the High Density Multiple-Family Residential “RM-
2” base zoning district would remain the same, the zoning
designation would become High Density Multiple-Family
Residential by Planned Development (“RM-2/PD”).
The applicant requests a planned development to allow a parking
requirement reduction from 317 parking spaces (the minimum
parking requirement for 146 units of the proposed distribution)
to 290 parking spaces, a reduction of 27 spaces, or an 8.5%
deviation.
BACKGROUND
Pinal County Assessor Parcel Number 101-13-108D is a vacant,
undeveloped parcel, approximately 6.7 net acres (6.9 gross
acres) that is located at the southeast corner of N. Rennick
Drive & W. Virginia Street. The property was previously rezoned
in September 2022 to High Density Multiple-Family Residential
“RM-2” from General Rural Low Density Single-Family Detached
3
Case P-26-4-PZ
June 23, 2026 Planning and Zoning Commission Staff Report
Residential “RS-GR” through Rezoning Case P-22-29-PZ and the
Ordinance No. 1526. This rezoning occurred as part of a
development proposal for a two-story, 124-unit multi-family
residential apartment complex, at a density of approximately 18
dwelling units an acre.
The Rezoning Case P-22-29-PZ was approved with conditions that
required the development of the property to be in accordance
with the plans included with the case and presented to the
Planning and Zoning Commission and City Council, with many of
the specifics of the site plan having been adjusted to respond
to neighborhood concerns expressed in the neighborhood and
public hearings.
Following the approval of the rezoning, the previous
applicant-developer cancelled their purchase of this property,
leaving it in a status with approved rezoning plans, but no
builder. However, Rezoning Ordinance No. 1526 included a
requirement (condition of approval #10) that the property would
begin the building permit process within two (2) years of the
approval of the rezoning effective date, and so, in order to
maintain the zoning entitlement of the property, the existing
property owner initiated the building permit process in 2023.
The project had been progressing through the building permit
planning and review process, while also being marketed to new
buyers, until eventually halting the planning efforts when a new
developer with a different idea for plans looked to acquire the
property.
At this time, Banyan Residential, LLC seeks to develop the
property with modifications to the site plans and architecture
of the project and has applied for Rezoning Case P-26-4-PZ to
receive City Council approval of the amended plan set and for
approval of their request for the noted parking reduction.
The applicant notes that this project will be subject to the
Section 42 Low-Income Housing Tax Credit (LIHTC) program, which
allows developers to offer affordable housing to residents
earning up to 60% of the area’s median income (AMI). Rental
rates are set annually by the U.S. Department of Housing and
Urban Development (HUD).
4
Case P-26-4-PZ
June 23, 2026 Planning and Zoning Commission Staff Report
June 21, 2026 Update:
Following the scheduling of Case P-26-4-PZ for the April 28,
2026 Planning and Zoning Commission Hearing, the applicant
requested continuances of the public hearing in order to address
the concerns expressed in the April 28, 2026 staff report.
On June 11, the applicant submitted revised and updated site
plans, landscape plans, and building architecture plans that
have reduced the parking space deficit from an approximately 20%
deviation to an 8.5% deviation from the zoning ordinance’s
minimum parking requirement. The applicant has also provided a
revised traffic statement and parking study to support their
request.
These revised plans have rearranged some elements of the site to
provide more space for parking, most significantly by shrinking
the footprint of the smaller, east buildings (Building Types B
and C in the architecture plans), but retaining the overall unit
count by making these building types three-story buildings.
PLANNED DEVELOPMENT REQUEST
The applicant requests the use of a planned development (PD)
overlay to modify the minimum parking requirement from 317
parking spaces to 290 parking spaces, a reduction of 27 spaces,
or a 8.5% deviation. The minimum parking requirement has
increased by three (3) spaces since the prior staff report to
account for the change in the ratio of one-bedroom units to two-
or-more-bedroom units.
The Apache Junction Zoning Ordinance § 1-7-3 Parking Standards:
require the following:
• Each one-bedroom apartment shall provide 1.5 parking spaces
per dwelling unit. 38 of the 146 units are one-bedroom
units, resulting in a resident parking requirement of 57
parking spaces for these units.
• Each two or more-bedroom apartment shall provide two (2)
parking spaces per dwelling unit. The remaining 108 units
are of this classification, resulting in a resident parking
requirement of 216 parking spaces for these units.
• There is also an additional requirement for .3 parking
spaces per unit for guest parking, calculated from the
total 146 units, resulting in 44 guest parking spaces.
The total parking requirement is a minimum of 317 parking
spaces.
5
Case P-26-4-PZ
June 23, 2026 Planning and Zoning Commission Staff Report
The applicant provides their rationale for this deviation in
their project narrative (Exhibit #1), in the included Planned
Development Findings of Fact, and with their Parking Study
(Exhibit #8). The revisions provided in the June 11, 2026
submittal have shrunk the deficit from approximately 20% to
8.5%, however planning staff still hold the previously noted
concerns that a shortage of parking spaces does not appear
appropriate at this site.
PLANNING STAFF ANALYSIS
Relationship to General Plan:
The subject site is designated by the city’s General Plan as
part of the “Downtown Redevelopment Area”, and is categorized
for “Downtown Mixed Use,” which supports residential densities
between 10 dwelling units per acre to 40 dwelling units per
acre.
The proposed density of 21.8 units per net acre complies with
this General Plan designation and does not require a General
Plan Amendment.
6
Case P-26-4-PZ
June 23, 2026 Planning and Zoning Commission Staff Report
Zoning/Site Context:
The subject site is located between several different zoning
districts and is uniquely situated as a large undeveloped parcel
bordering both commercial and residential properties. To the
south of the property is the B-2 “Old West Commercial” zone that
acts as a commercial corridor along Apache Trail. To the east of
the subject site is a Manufactured Home Park with a density of
10.9 units per acre and an RV Park with a density of 17.9 units
per acre. To the west of the subject site is an RS-20M
residential neighborhood with a density of 2.18 units per acre.
To the north of the subject site are both RS-20M residential
properties, and RM-2 multi-family residential properties, which
currently have the maximum allowable density of 22 units per
acre, but which are currently developed with four-plex
residences.
7
Case P-26-4-PZ
June 23, 2026 Planning and Zoning Commission Staff Report
The proposed rezoning is not changing the underlying base zone,
but the new proposed development plan increases the density from
approximately 18.5 units per net acre to 21.7 units per net
acre, still within the maximum density of 22 dwelling units per
net acre that the High-Density Multiple Family Residential
“RM-2” zoning district allows.
June 21, 2026 Update:
The June 11, 2026 submittal does not change the density or unit
count, but it does increase the maximum height of the buildings
in east half of the property to 40’ 3.635”, with the addition of
a third story. While the maximum height of the RM-2 Zoning
District is 40’, the zoning ordinance permits an exemption of up
to 4’ above the maximum permitted building height for mechanical
screens/parapets in §1-6-2 Height Exceptions.
While this height change is complaint with the zoning ordinance
regulations, staff have noted concerns regarding the heights of
3-story buildings in the area and find their character
incongruent with the adjacent RV and MH parks to the east and
single-family residential lots to the west.
Infrastructure & Site Improvements:
The applicant will be required to connect to all necessary
services, including electricity through SRP, water through the
Arizona Water Company, and sewer connections.
The currently existing twenty-five foot (25’) utility easement
located on the north side of APN 101-13-108D shall be dedicated
as part of W. Virginia Street, as previously required in
Ordinance No. 1526 (Condition #7) and both the adjacent
half-street sections along W. Virginia Street and N. Rennick
Drive will be improved according to the Public Works Street
Standards, namely with curb, gutter, and sidewalks.
All other necessary and required on-site and off-site
improvements, including retention basins, dust-proof surfacing,
walls, and landscape buffers will be built at the time of
development.
Public Input:
The applicant sent out neighborhood meeting notification letters
to the property owners within a three-hundred (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. The advertised neighborhood
8
Case P-26-4-PZ
June 23, 2026 Planning and Zoning Commission Staff Report
meeting was held at the Apache Junction Multi-Generational
Center, 1035 N. Idaho Road, on Wednesday, January 7, 2026, at
6:00 PM. Six members of the public attended and asked questions
regarding the site planning and concern with current issues of
trespassing on the vacant property.
Staff have received two e-mails from one of the neighbors to the
property noting concerns with the site configuration, and
additionally a letter from the Apache Junction Area Chamber of
Commerce Board of Directors declining to support the project,
which have all been attached as part of the Public Participation
Report (Ex.6).
FINDINGS OF FACT FOR PLANNED DEVELOPMENT REZONING
As noted previously, the planned development deviation requested
is for the approval of a parking reduction that we measure to be
27 spaces, being the shortfall of the 317 minimum parking spaces
required (per the calculations provided above) and the 290
resident parking spaces provided on their site plan. As required
by the Apache Junction Zoning Ordinance, a Planned Development
request may be approved by the City Council after consideration
has been given to three different criteria. The criteria are
outlined in the text below:
1. That a better design cannot be achieved by applying the
strict provisions of the underlying zoning district.
Applicant Response:
Yes, strict provisions would require Banyan to dedicate 23,000
square feet. of Site area to parking field, asphalt and
necessary providing increased retention, which would go largely
unused and create unnecessary heat island and stormwater runoff
impacts. By allowing a zoning deviation/ parking reduction, the
project can implement a more intentional site design and support
the City in achieving its inclusionary housing and environmental
stewardship goals.
2. That strict adherence to the provisions of the zoning
ordinance is not required in order to ensure the health,
safety and welfare of the inhabitants of the proposed
development.
Applicant Response:
The requested parking reduction will not negatively affect the
health, safety, or welfare of the residents. In fact, the zoning
deviation will allow Banyan to develop the Site in a way that
9
Case P-26-4-PZ
June 23, 2026 Planning and Zoning Commission Staff Report
better meets the needs of its tenants, by providing more open
space and reducing heat impacts from large parking lots.
3. That strict adherence to the ordinance is not required to
ensure that property values of adjacent properties will not
be reduced.
Applicant Response:
The proposed parking reduction will not negatively affect the
valuation of the adjacent properties. In fact, the influx of
families will likely increase the commercial demand in the area,
thus increasing overall property values by increased economic
activity from residents.
Additionally, Banyan’s Proposed Site Plan is designed to provide
a minimum of one covered parking space per unit as a
corresponding offset to the requested parking reduction. In
summary, the reduction in parking will “right-size” the parking
areas to meet real world requirements of workforce families
(lower car ownership per household), allowing for the Project to
be economically viable (reducing construction and maintenance
costs) and will not negatively impact surrounding properties.
PLANNING DIVISION RECOMMENDATION
In review of the project proposal, the site context and the
proposed parking deviation, Staff is not supportive of the
proposed Rezoning by Planned Development Case P-26-4-PZ
respectfully recommends to the Commission a recommendation to
deny the zoning amendment and request for a zoning deviation to
the City Council. While the applicant has reduced the deficit of
the parking spaces to address our previously noted concerns, we
find the concerns are not wholly resolved and the increase in
building height undergone in order to shrink the building
footprints to provide the increase in spaces raises its own
concerns with neighborhood sensitivity and impact on the
neighboring area.
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 PLANNED DEVELOPMENT REZONING
I move that the Planning and Zoning Commission recommend to the
Apache Junction City Council the denial of the proposed Rezoning
10
Case P-26-4-PZ
June 23, 2026 Planning and Zoning Commission Staff Report
by Planned Development Case P-26-4-PZ, a request by Banyan
Residential, LLC represented by Nick Woods and Noel Griemsmann
of Snell & Wilmer LLP to rezone Parcel 101-13-108D, currently
zoned High Density Multiple-Family Residential (“RM-2”), to High
Density Multiple-Family Residential by Planned Development (“RM-
2/PD”) to amend to approved plans of Ordinance No. 1526 and to
permit a parking reduction.
----------------------------------------------------------------
_________________________
Prepared by Nicholas Leftwich
Principal Planner
Attachments:
-Exhibit #1 - Project Narrative (Includes Ordinance No. 1526 and
plans approved in Zoning Case P-22-29-PZ for reference)
-Exhibit #2 - Proposed Site Plan 6/11/26
-Exhibit #3 – Aerial Map
-Exhibit #4 – Proposed Landscape Plan 6/11/26
-Exhibit #5 – Proposed Elevations & Floor Plans 6/11/26
-Exhibit #6 – Updated Public Participation Plan & Report
-Exhibit #7 – Traffic Statement 6/11/26
-Exhibit #8 – Parking Demand Study 6/11/26
-Exhibit #9 – Site Renderings 6/11/26