With a deadlocked 3-3 vote the Planning and Zoning Commission rejected a motion to recommend approval of proposed Adero Canyon plans to the Town Council.

An overflow crowd at the Feb. 13 meeting filled council chambers to listen to the debate and make comments during a public hearing.

Commissioner Steven Harris was absent from the meeting, and the remaining six were evenly split on the issue.

Commission Chairman Lloyd Pew and Commissioners Richard Turner and Stan Connick supported the proposal. Vice Chairman Mike Archambault and Commissioners Angela Strohan and Gene Slechta were opposed.

The next step in the process is somewhat unclear.

The council is scheduled to take up the proposals during its March 6 regular session. The council can consider the issue with a P&Z recommendation to deny.

However, Town Planner Bob Rodgers said the council may want a more definitive recommendation from the commission and ask that all seven commissioners revisit the issue.

Rodgers said if the plan went back to the commission the town would need to re-advertise the public hearing and basically repeat last week’s session.

That would have the effect of delaying council consideration by at least a month.

MCO Properties is looking to move forward with development of its Adero Canyon property and is asking for changes to the existing plans.

Currently the 431-acre parcel has a master plan for 171 single-family custom home lots. MCO is asking to diversify the land use by adding an 80-acre Planned Area Development (PAD) to include townhomes and a multi-family element that could be used as an extension of the CopperWynd Resort or condominiums.

The proposed changes would increase the unit count to 343 housing units.

The three items P&Z was being asked to review were an amendment to the master plan, the PAD proposal and a minor General Plan amendment.

Issues discussed

Archambault was seeking some assurance that MCO would not keep coming back with PAD proposals for the remainder of Adero Canyon. He asked whether MCO would be willing to record the plat for the remaining property.

At least one resident of the area who opposed the plan said he was told there were plans for at least three more PAD proposals.

Paul Gilbert, an attorney representing MCO, said the developer is unwilling to make such a commitment. He noted that plats are normally recorded at the time work is ready to begin and MCO is unwilling to deviate from that.

Gilbert then noted that the town does have the ultimate authority.

“It all ties in, we can’t make changes beyond what we are doing without changing the settlement agreement,” Gilbert said.

“If the town does not wish to (authorize) change it has no obligation to do so.”

Any future PAD proposals would need to go through the same process that includes public hearings, a P&Z recommendation and ultimately council approval.

Archambault also asked whether MCO would commit to a date for complete paving of the roadway to the planned Preserve trailhead.

Gilbert said that would be contingent on development and sales at Eagles Nest (Phase 2 of the Adero Canyon project would begin with close out of Eagles Nest). He would not put a date on that.

The current proposal for Phase 1 would have the road complete with asphalt paving through the end of the PAD boundary.

The first phase also includes improvement of the remainder of the road with an all-weather gravel surface to the Preserve boundary. That would allow vehicle access for the public and construction of the trailhead.

Hotel questions

Slechta raised questions regarding the multi-family or hotel component of the proposal.

“I have concerns about putting a hotel in a residential area,” Slechta said. “The proposed 120 units make this larger than any other hotel in town.

“(The Zoning Ordinance) only allows hotels in residential R-5 zoning, but only with a special use permit.”

MCO President Jeremy Hall explained their decision regarding this proposal.

Hall said early on they went to the operator of the CopperWynd Resort and asked what they would like to see next to them.

“They told us they wanted the opportunity to expand,” Hall said. “The 120 units are what they asked for. There is no guarantee they will use this for expansion. (But) I feel they will.”

Hall said that CopperWynd has a history of struggling primarily because 32 rooms are not considered adequate for a viable operation.

Slechta also asked whether MCO would consider reducing the 40-foot height they are asking for in the multi-family element. He noted that 30 feet is the standard for multi-family in Fountain Hills.

Hall said the 40-foot request is dictated mostly by topography. He said to change it would result in reduced density and more land disturbance.

Town staff and MCO also disagree over the best plan for pedestrian pathways. MCO would like to use stabilized granite to make a trail for biking and hiking.

Staff has stated it will not accept the stabilized granite as a walkway, asking for concrete sidewalks. Rogers said the granite path could be used separately.

Pew said overall he supports the project including the multi-family.

“I think that is a good transition with CopperWynd,” Pew said. “This will be good for Fountain Hills.

“There is no future for large single-family lots, that thinking has changed the last few years.

“I support the stipulations including the sidewalks. I understand the recreational value of the trail, but this is a residential neighborhood, not the wild west.”

Pew made a single motion to consider all three issues at once and several attempts to add amendments related to building height, extension of a sidewalk and use of the granite trails all failed.

Public input

The standing room crowd of roughly 100 attending the meeting resulted in 21 people stepping to the podium to make comments.

The group was roughly evenly divided between residents of the Cordabella subdivision along Eagle Ridge Drive just south of Adero Canyon and those associated with the Sonoran Conservancy of Fountain Hills.

While the Cordabella neighbors were opposed, the conservancy representatives were supportive, primarily because of the Preserve trailhead access the development promises.

Sylvia Rappaport, a Cordabella resident, said the increase in density for the development would fundamentally change the character of their neighborhood with noise and traffic.

“This is a big darn deal,” Rappaport said. “This represents a 101 percent increase over the initially approved plan.

“We purchased our homes with the knowledge and trust in the plan that was on the books. Now that trust is broken.”

Art Berger, who said he has worked in the hospitality business, said 120 hotel rooms do not belong in a residential neighborhood.

Berger said based on his experience in the hotel business, hotels adjoining residential neighbors do not have harmonious relationships.

Dean Weiber, who is leading a group of Cordabella residents who oppose the plan, said he does not believe there is adequate review of conditions that allow for a General Plan change.

“The only changed circumstance is the economy,” Weiber said. “Have you identified changes in circumstances that require a change in the General Plan?”

Roy Kinsey, who was involved in the earliest efforts to identify and establish the Fountain Hills Preserve area, voiced his support for the plan.

“I’m excited about the possibilities,” Kinsey said. “This calls for an update of the old settlement agreement.

“We need to accept change where it benefits Fountain Hills.”

Elena Torre told the commission she supports the mixed use and growth and development for the community.

“This brings an infusion of new people and increase in use for our spectacular Preserve,” Torre said.

Fountain Hills attorney Shawn White spoke in support of the plan on behalf of the Fountain Hills Chamber of Commerce.