Council adopts ordinance to downzone portion of downtown parcel for owners’ residence despite Planning & Zoning denial

Apache Junction — The City Council unanimously adopted Ordinance 1560 on Dec. 17 to rezone the north half of a parcel at Second Avenue and Colt Road from RM2 (high-density multifamily) to RSGR (rural, low-density single-family residential), allowing owners Tim and Christy Sheehan to build a personal residence.

Nick Leftwich, planner for the Development Services Department, told the council the request is unique because the applicants voluntarily seek to downzone part of a property they own. Leftwich said the general plan ordinarily emphasizes higher density in the downtown mixed-use designation but contains an exception allowing rezoning to a lower residential density in certain circumstances. He noted the Planning & Zoning Commission on Nov. 12 voted 4–2 to recommend denial citing general-plan consistency concerns.

Applicant Tim Sheehan told the council he and his wife own a cluster of parcels in the area — about 12 parcels with roughly 57 apartments and other properties — and that building multifamily units on the subject north half would be difficult today because of sewer and water constraints. He said the family has owned the parcel more than nine years, intends to build promptly if rezoned, and provided a neighborhood petition in support.

Public testimony was split. Steve Harshman, an Apache Junction resident, urged council to follow the Planning & Zoning recommendation and preserve the general plan’s downtown density goals; he warned that splitting the parcel could reduce developer-provided sidewalks and other infrastructure. Several neighbors, including Justin and Charmin Miller and Cody Defer, supported the rezoning and said they value having the property owners live nearby and that the Sheehans have maintained surrounding properties responsibly.

Council discussion centered on the tension between upholding the general plan’s downtown-density goals and allowing property owners invested in the community to live on site. Vice Mayor Schroeder and other members said they welcomed owners who are vested in the community; one member cautioned about setting precedent for many downzone requests. Staff and other council members pointed to the general plan’s explicit allowance for downzoning to lower residential densities.

After public testimony the council moved to read Ordinance 1560 by title, waived full reading, and then voted to adopt the ordinance; the motion passed unanimously.

Next steps: City staff will record the rezoning and the applicants may proceed with design and permitting activities subject to standard development rules, including property split requirements and building-permit approvals.