Planning and Zoning - Regular Meeting

Today's date is May 12th, 2026 and the time is 7 p.m. Will we please stand for the pledge of allegiance? I pledge algiance to the flag of the United States of America and to the republic for it stands one nation under God indivisible with liberty and justice for all. Rudy, can I get a roll call, please? Chairman Hanshee, here. Vice Chair Barker here. Commissioner Gage. Commissioner Star here. Commissioner Mikeland

here. Commissioner Kalen here. Commissioner Kelly here. Sixth president. We have a quorum. Mr. Chairman. Thank you, Rudy. Do we have a motion to approve the agenda and minutes? Mr. Chair, Vice Chair Barker, I move that the Planning and Zoning Commission accept the agenda as presented and approve the minutes from the April 28, 2026 regular meeting. Do I have a second? Second. Rudy, I have a motion and a second. Can I please get a roll call? Commissioner Kelly? Yes. Chairman Hanche? Yes. Vice Chair Barker? Yes. Commissioner Star, yes. Commissioner Mikeland, yes.

Commissioner Kaland, yes. So move, Mr. Chairman. Thank you, Rudy. There's one public hearing this evening for resoning case P-26-6-PZ. Hudson,

before I before Hudson begins, I want to introduce Hudson formally to the Planning Zoning Commission. Hudson is uh one of our newest planners. He's an associate planner and today is his first P&Z presentation out of his whole entire career. So congratulations. Make it good. So no thanks for Hudson. Be nice. Not on the first one.

All right. Good evening commissioners. My name is Sydney mentioned is Hudson Meyer. I'm an associate planner here with the development services department. I will be presenting the facts for case P-26-6-PZ. Do I have something to scroll it or do you guys do it for me? Okay. All right. P-26-6-PZ is a proposed reszoning of an approximately 1 and a4 acre parcel located at 275 South Cactus Road from RS10M to RSGR. The parcel is currently zoned RS10M. It is surrounded to the north and south by RS10M properties as well as some RV and mobile home parks. To the east is Weaver's Needle RV Park, zoned RVP. And to the west are more RS10M properties as well as RSGR zoned parcels. The current general plan land use designation is medium density residential. The proposed land use designation would be low density residential. Per the general plan going a resoning to a lower land use designate lower density land use designation does not require a major or minor general plan amendment. Here's the site plan for the proposed development. This is as the site as it is currently depicted. The only thing here of note is the proposed shipping container in the southeast corner of the property. The applicant is complied with all public notification requirements, including posting a sign, notifying neighbors by mail, and a newspaper ad. A neighborhood meeting for the case was held at the Apache Junction Multigeneration Center on Thursday, January 29th, 2026. There were 10 neighbors in attendance who f and the discussion was focused along the resoning and how the nature of the property may change with the new zoning. Staff has received a total of five

emails, three in support and two opposed to the resoning. There were several that came in after the staff report was compiled. You guys should have copies of those in front of you. Planning staff recommends the approval of P-26-6-PZ, finding that the proposed resoning brings the zoning of the property more in line with that of similar parcels in the area. There is a new condition to propose that no business activity shall occur on the property, including but not limited to the storage or parking of commercial vehicles, equipment, or construction materials. Additionally, no operations, activities, or uses that create commercial related nuisances such as excessive noise, dust, odors, outdoor storage, or increased traffic associated with a business operation shall be permitted on the site. Thank you. This will there will be a city council work session on Monday, June 1st, 2026 to discuss this proposal and it will go to city council public hearing on Tuesday, June 16th, 2026. The applicant would like to say a few words after which we will both be available to answer questions.

Thank you.

Hello. I'm a little bit nervous. I haven't done any public speaking in quite a while. So, um, we, um, Can you please state your name?

Oh, it's Kimberly Bergman. I'm sorry. Um, I'm representing the rest of my family. My husband's behind me, Eric Bergman, and my daughter, Hannah Bergman, who are co-owners of the property. Um, I guess Hudson has really succinctly put everything together. Oh, he's put everything together that I would say already. Um the new notice that we in the last few hours that they got um about uh there was a letter and some photographs um was a little bit of a surprise. We haven't really been using the property. Um my daughter and her partner live on the property, but we haven't been over there in months until the last couple of days. My husband was over there working on a truck and uh coincidentally this is when I guess Mr. What's his name? Harsh Harshman. Um so um we agree to the conditions that were placed um you know as far as the the property we mainly have been using things you know it's a storage for personal items Christmas decorations things like that the conx container we don't really have any plans per se to do anything I mean the conx container obviously we would have to have permitted but we don't have any this was the first step you you know, because we cannot currently use the property for anything at this point. The way it is zoned with the mobile home, the awnings on the front and back of it, and the two existing sheds there, we can't put anything on the acre and a quarter beyond that without tearing out the two sheds. And even then, we're pretty limited. We wouldn't even be able to build a garage to put a car in at this point. So, we just like to be able to utilize the property a little bit more efficiently for our personal use. Um, so that's what prompted the the resoning. Um, so you have any questions.

Commissioners, any questions? No. Yes. Bart, go ahead. First, are are you accepting the conditions of that you're not going to use it for commercial use anymore? That's correct. We weren't really using it for commercial use. My husband is a contractor. We actually live someplace else and occasionally, yes, there are vehicles there, but we he doesn't do any he doesn't buy anything. He doesn't sell anything. We do not have customers there. Um he goes to job sites outside of um the property and straight sprays drywall texture. So, at no no at no time were we ever conducting business from that property. Is it is it is there a residence on the property? Yes, there is. And is it occupied?

Yes. Okay. Vice Chair Barker. Yeah, my questions kind of surround that too. Um the um folks who are objecting to this mention uh forklifts, mixers, employee traffic, uh and other types of business operations. I don't understand where they're getting this idea. If you're not,

there is a for there is a forklift there. The forklift doesn't run very often. Periodically, it will be used to move something. Um, we don't have any employees. We do have friends that are all in the trades that come to, you know, when my husband shows up after work and picks up a tool or something. He may have somebody with him, but we don't have any other equipment. We don't have cement mixers or anything like that. if he's working on a machine, it may turn off and on, but nothing has ever been running long term. We always are have always been in compliance with the noise ordinance and tried to be really mindful of noise. I mean, we've in all the years we've had neighbors, we've never had anybody complain about anything to be honest with you. And this came as quite a surprise to us actually because we're pretty like as I stated in our my post neighborhood meeting notes that, you know, had somebody voiced a concern to us, we would have gladly addressed it with them, but they did not do that. And so we've tried to be extra mindful at this point because we want to be good neighbors. We we don't really want to have somebody, but we don't have all the when we first moved in, my husband drives a a a diesel truck, several of them, actually. Um, my daughter's partner drives a truck. Most everybody in Apache Junction seems to drive drive a truck. So, anytime a truck drives on and off the property, it it may even if you're there for whatever reason at anybody's property. Um, so, you know, we try and the trucks are not running, you know, when we pull up, we turn the things off, we go in the house or whatever, pick something up, and then leave. So, that's pretty much it.

I have another question if I may. um on the map. Well, first of all, in reading the narrative, I understand that you want to put some kind of storage unit in the rear of the property. That's currently where the the um container is. What is that? Yeah, that's actually it's a conx container. And so, um and that we would if provided that the zoning goes through, we would need to get a permit for any kind of structure, but that specifically I I know to do with the ordinances

in Apache Junction, you have to have one. We tried to be mindful of where we placed that to the back of the property. The one thing not well Apache Junction has a lot of things going for it, but the one thing that I especially enjoy is the view. And this particular piece of property when you sit on the porch or anywhere in the yard, you look out over on the mountains. And so the other neighbors enjoy the same view. And we didn't want to block the view for anybody. So we were very mindful in when we positioned it. And it's out of anybody's way. Um, and we haven't received any other complaints from the city outside of the code compliance which was the conx container. We have not received any noise complaints from anybody at all about anything outside of this letter or whatever. So,

thank you. Okay. Um, I have one question and it's probably more for you guys. Um, on the I read one of the emails was in the packet. Uh people were worried that by going to the RSG1 or RSGR1 that they could have unlimited horse property or unlimited horses on that property. Isn't it limited to two? No, there's there's no uh There is no No, there isn't. I thought it was limited to two. No, there there is no max limit for horses. I'm not a horse person, but

yeah, if if a quarter gross uh any single family residential zoning district, if you have a minimum of an acre and a quarter gross, you can have all the horses you want for your own family's use and enjoyment, not boarding other people's horses. Okay? Uh but for your own use and enjoyment, you need a minimum of two and a half acres to have commercial horse boarding. Okay? So, yes, they can have horses if they want to. Okay. And then I have another one. I thought when you were doing the presentation here, Hudson, it said there was a condition of no commercial, but then when I read everything we have in here for the motion and that there's nothing reflecting in that.

That's correct, Chairman Angie. So, uh that condition was just drafted uh just prior to the meeting because we just received the uh letter from Mr. for Harshman. And so we we reiterated this and spoke at in at length with uh Miss Bergman and uh and so she is uh okay with the condition. And so we just wanted to reiterate that formally and as a new condition of approval. And so if uh the if the PNZ commission does uh recommend approval of it, uh we would need to add that additional uh

can we refer to that as the additional um the additional condition uh mentioned by staff in this date's meeting? Yeah, we absolutely we could do that or we could read it. It's in front of you. I would like to further go on that. Um, what are the general rules right now for anybody zoned with that? So, I mean, I wouldn't want to make special rules necessarily to where what what's the normal guidelines for running a business or anything.

So, this condition is consistent with uh with not allowing uh businesses to be located in a residential property. Now, we do have homebased businesses uh but they're very different in in in nature. This is alluding more to like a construction type of business, but I mean all RSGR1's have to abide by this guideline, right? Of course, all resident. So, do we even need a special condition since this is already the general? Yeah, that's that's a great point and uh Joel and I spoke at that spoke about this uh this afternoon and uh from a planning staff position, we're just wanted to reiterate it and have it in formal record. Uh but Joel had kind of the same question.

Mr. chair. Um, members of commission, yes, I brought that up because I know there was a concern from a letter from a resident or constituent and that was to u just add it and I I think the I think uh Mr. Aras provided it to the applicant and I understand the applicant does not have a problem with that. If I'm talking out of turn, you know, pardon me. But generally speaking, yeah, you reason a proper you don't have to say, hey, these things are not allowed because it's already implied. However, it will give uh perhaps the constituent who wrote the letter some kind of comfort.

I mean, you know, I don't see the necess necessary to add that cuz, you know, I don't want to make it even more convoluted. say they sell the property down the road that you know we have these special conditions for different properties. Let's just keep everything consistent and that's what we have zone enforcement for and everything. So me personally I don't think we need that condition but cuz it's already part of the guidelines going to think on now. Yeah. Just put my opinion out there now and especially before we open it to public and all that.

I can see I can see the the concern here that is what has been objected to primarily in the objections to this resoning. And I can see that that condition would um perhaps uh alleviate any concern that the folks who have complained or others may have uh just as an extra thing. I don't think that it points out a specific property. I think it simply well it doesn't reiterate but it simply reiterates the planning and zoning guideline.

Yes. And I don't see a problem in the reiteration of it include the condition because I mean the enforcement is going to be the same regardless. Correct. That's correct commissioner chair. And again we just wanted to reiterate uh since we had a meeting of the minds with uh the applicant and and she was uh she was okay with that. So we just wanted a part of formal record but at the end of the day it is a planning zoning commission decision. Well you have in here construction materials and part of the narrative somewhere I don't where um it was mentioned that they were going to store drywall that that says no

that's construction materials. So if if this goes to this zoning, you cannot put your drywall in storage there or anything else that you use for your business. This is simply a residential area with residential storage for toys and clothes and whatever else we which is partly what it is. That's mostly what it is honestly. you know, anything that had to do with construction would not be legal on the property, but under the current zone and it's not legal either. Correct. Correct.

So, technically, you're in violation now if you're storing any type of construction. So, doesn't matter if you get this new one or not, you cannot store that stuff there regardless. So, again, do we really need a new or the commercial vehicles, etc.? Well, then again, that's another question. If I have a company vehicle that I drive to and from work, I'm allowed to park that in my drive. Correct. Yes. So, we don't want to restrict them. That's part of the zoning. Right. Right. But the way this new one would state, you couldn't do that. It's not a new one. Yeah. So, my husband drives a Dodge Die truck and it's says now,

right? But see, parking commercial vehicles. Can I interject? Go ahead. Certainly.

So, to me it sounds like people, this couple owns land and they have a they want to build on their land and they're just normal people like most of us. And being a construction guy myself, I don't necessarily store stuff at my house, but do I have materials in my truck sometimes or do I pick up materials on a Saturday and then take them to work on a Monday because that's the time I have to do it. You know, it sounds like that's what these people kind of do. You know, whether that's like within the confines of this is this is allowed or this isn't allowed. It sounds like these are just regular hardworking American Apache Junction people. And unfortunately, it sounds like they have a uh what's the term they use nowadays? Karen neighbor, right? Who's finding anything they can not to let them have the space to we're worried about them having horses. Well, look around where the whole area where they live. There's probably 500 horses within an eighth of a mile of this property, you know. So, I just want us to think of that while we're talking about this because this kind of reminds me of a similar uh item that came across about within the last year where uh the people that own the AJ apartments have a bunch of land over there and they wanted to divide their land to live on it when they do business in town. And I just want to make sure that we're not harming uh good residents and uh community members in our city uh because other people disagree of lifestyles or just need something to complain about, which a lot of people do. Um it doesn't sound like they're running drywall shipping incorporated out of

their homes. You know, I drove by it. It doesn't look like they're storing thousands of sheets of drywall. It looks like, oh, people do work and sometimes you got to store a little bit of stuff and then take it to work. Thank you, I um and to my point, I kind of agree with him on totally everything there. That's why I was kind of getting to all this. Is this really necessary? It's redundant. It is. And I don't think we definitely me personally, I don't think we should do it. What's the current rules on putting conxes on city property? I mean is within the city? Uh one cargo container is allowed on a property that is you have to be permitted. Yes,

it does have to be permitted. Yes. And for how what period of time or is that permanent? So it's it's unlimited length of time and only one is permitted if you're zone RSGR RS54 and RS54M. Okay. And so with this uh proposed zoning, if it does get approved, then should be in compliance, right? They're not in compliance now, but they will be if they will they'll be able to move forward to Yeah, I would be able to apply for the permit provided that it was reszoned. I haven't applied for the permit because I we can't yet. Any other thing, Mr. Chair? I was just going to say, you know, I walk the property in the perimeter and it's consistent with almost all the neighbors in that area,

right? Very similar. So, I don't for me, I don't see a problem. I live less than a mile from there, so I'm real familiar with the area. So, and from what I've seen and what goes on there, I've never heard anything. I've never There's people doing probably a lot more, I'm not sure. Yeah. So, it's true. And so for me, I don't really see unless we're going to do this. Let's just keep everything. We don't need extra bureaucracy. All right. We want to open it up to move forward. Do you want me to go this? Do you have any more questions? We do not. I was just making sure. Okay. Thanks. I do want to get up be rude and get up. Yep. No.

All right. So, we're going to move forward, open this to the public if anybody wants to come forward and speak. I've been updated by Joel last meeting. We have 5 minutes. When you come up, please state your name and address. And now open it to the public.

I'm Paul Abrahamson. My father owns 1226 1250 East 4th Avenue and 303 South Cactus, right across the street from the the resoning property. Uh we have no issues. Uh in fact, when we grew up in New York, my father was a New York City Fire Department. uh firemen and other guys in the neighborhood were were policemen and we did, you know, like block parties. Everybody was a neighbor. I mean, we all talked and right now, for the most part, they came up just like we were when we were kids. I mean, they introduced themselves, offered assistance, offered anything to us to be nice. The only people they couldn't talk to was the nuisance neighbors, I guess you can call them. And we have a lot of uh past history with them. My father's been asked on numerous occasions to try to uh put complaints into other neighbors assisting them. And all of them he said no. But they have a tendency just to try to dictate what they want in the neighborhood rather than try to blend with the neighborhood. like we were brought up to be. Uh so it's it's real disheartening. I mean, honestly, I like the fact that I can trust my neighbors and I know them. If they were here tonight, I could sit there and tell them it's nice to meet you because after 20 years, I've never met them. I've met their brother that lives in the travel trailer on the property, but I've never met them. They've never come out to sit there and talk to us. They've never sat there and talked to me at all. And I've been over there. I actually rebuilt that property because we bought it in 03 from a druggie because nobody in the neighborhood had any money to try to rescue it. So, we kicked the drug addict out of there. We had them come back,

hide under the house, take the mailbox off the street and hide under that with him, go to the police, had them take him out. 48 hours later, he came back with his son and tried to dig a hole underneath the shed in the backyard to live under. So, we've already tried. We've already worked with the neighbors trying to make sure it was nice and safe and better or better for everyone. These people here are awesome. They came out and they sat there and every one of them made sure we knew who they were. We need more people like this. This is what we grew up with. The ones that hide in behind the Oleanders and that and the plywood fence they put up that's 8t tall. That's the neighbors that are, you know, causing so many issues. It just be nice to sit there and support people like this rather than the ones that want to sit there. They might as well get property out in the boon somewhere because then they'll get what they want. Coyotes, that'll probably make too much noise. They are noisy.

So, I appreciate it. But like I said, it's just they are nuisance neighbors and I'm tired because like I said, I've never met them and I've been over there probably a thousand times and they could have come over at any moment and said hi. The neighbor the this the brother living in the travel trailer, he's nice. He's come over and talked to me, but that's it. I did get told that if I didn't move my box truck that uh he was going to have to come over and sit there and reprimand me because they was blocking their nude sunbathing in the afternoon. So that's what I had to had to deal with personally. So thank you. Thank you, sir.

Who would like to go next? Come on up and state your name and address, please. My name is Marissa Wimprey and I live adjacent to them on the north side. And what's the other? Oh, 243 South Cactus Road. Thank you.

Um, and like the gentleman before, we're not from here. I'm from Wyoming. I understand construction. I understand that type of work. I'm not here to oppose whatever they want to do. I do ask on our behalf though if there is any more structures put on this that they are to put up a 6 to 8ft fence in between ours because prior to them coming or purchasing the property it was just the three structures on there and if they are in fact trying to build more structures we would kind of like both privacy on e on either Right. But I'm not opposed to anything they're trying to do for their own livelihood. I'm I'm for it. We support it. They're lovely neighbors. I'm not here to make anybody's lives harder. Just everybody be at peace in their own property. And that's it.

Thank you. Yep. Anybody else like to speak? It's not time to be shy. Going once. Going twice. And now close out the public se uh p public section of All right. Talk about anything else or do you just want to make a motion? I'm all for a motion if you're ready. I'm ready if you guys are ready.

Okay. Office of the Planning and Zoning Commission recommend the Apache Junction City Council the approval of the proposed resoning case P-26-6-PZ, a request by Kimberly Bergman to reszone property 101-22-0680, currently zoned medium density single family detached residential RS10M M to general rural lowdensity single family detached residential RS-GR subject to the condition listed in the report.

Do I have a second? Second. Rudy, I have a motion and a second. Can I please get a roll call? Commissioner Kalen.

Yes. Commissioner Kelly, yes. Chairman Hanshei, yes. Vice Chair Barker, yes. Commissioner Star, yes. Commissioner Mikeland, yes. So move, Mr. Chairman, this case will move on to the city council with your recommendation of approval. Thank you, Rudy. Um, there's no old business this evening. Yes, sir. No new business. No new business. Commission, do you have any news or reports or anything? I do not. Rudy, do you have anything for director's report? Nothing this evening, Mr. Chairman. Sydney, you got anything? Sydney, other than congratulating Hudson on a great job. That's about it. Well done. Well done. Good job.

Good job on your first one. They only get tougher now. And so do we. Yeah. So do we. Um, do we have a motion for the next meeting? Mr. Chair. Vice Chair. I move that the Planning and Zoning Commission hold a regular meeting on May 26th, 2026 at 700 p.m. in the city council chambers located at 300 East Superstition Boulevard. In the event there are no items to be brought forward to the commission, this meeting may be cancelled. Notification of cancellation properly posted and the commission notified by staff.

Now second it. Second. Rudy, can we get a roll call, please? Commissioner Mikeund, yes. Commissioner Ken, yes. Commissioner Kelly, yes. Chairman Hansen, yes. Vice Chair Barker, yes. Commissioner Star, yes. So move, Mr. Chairman. Thank you. I now adjourn the meeting at 7:31