The Town Council will look at a controversial rezoning request to accommodate an 80-unit apartment complex at Mountainside Drive and Palisades Boulevard when it meets on Tuesday, June 6.

In spite of significant neighborhood opposition to the plan, the Planning and Zoning Commission voted 5-2 to recommend the project, including a long list of stipulations for council consideration.

The developer’s request is to take two parcels of approximately three acres each (one is zoned R1-10 single family, and the second is R-4 multifamily) and rezone them to a single parcel with R-3 multi-family zoning on 6.3 acres.

The developer, Senderos at Fountain Hills, proposes 80 units in four buildings on the site. Michael Maerowitz, an attorney with the firm of Snell & Wilmer, represents the developer. Maerowitz told P&Z that by combining the parcels they are able to reduce the density of the development and provide 60% open space on the site. He noted that 70 units could be developed on the parcel already zoned for multi-family and could be done with only building plan approval. Maerowitz said they are doubling the size of the development and adding only 10 units.

Maerowitz said it is not a situation of building the proposal for the rezoned property or nothing gets built. He said the developer is fully prepared to build 70 units on the three-plus acres already zoned for multi-family (R-4).

Some neighbors told the commissioners they do not believe the three-acre parcel could accommodate 70 units. Development Services Director John Wesley said staff has looked at that option and agrees it is possible to place 70 units on the smaller parcel.

Off-site considerations are a great concern for residents, including traffic, line of sight and a difficult intersection at Palisades and Mountainside. The additional residents would complicate the situation even further.

There is also the position that the original zoning should be considered a long-term promise to residents that the R1-10 parcel would only be developed with single-family homes. P&Z Commissioner Clayton Corey agrees with that thinking and voted against the recommendation.

State Senator John Kavanagh lives in the surrounding neighborhood and spoke in opposition to the rezoning.

“I oppose this project due to traffic concerns, aesthetics and I oppose speed humps [a stipulation being proposed by the developer],” Kavanagh said. “Are you going to override local zoning? I respect zoning, and making a change to get more units for a developer is not a good reason.”

Maerowitz noted that the plan is consistent with transitional zoning with commercial and multi-family development along Fountain Hills Boulevard transitioning to single family west of Mountainside Drive.

The project was originally scheduled to come before the council on May 2, however, the developer requested a postponement of the consideration.