The Planning and Zoning Commission is recommending the Town Council approve a proposed 80-unit apartment complex on Mountainside Drive at Palisades Boulevard.

In spite of significant neighborhood opposition to the plan, the commission voted 5-2 to send the recommendation with a long list of stipulations for council consideration.

Commission Chairman Peter Gray said he was torn in considering the plan. He said he believes the stipulations make it an improvement over what the commission saw in January.

“I’m a supporter of this by-in-large,” Gray said. “But I can’t get past the traffic. I don’t think we are giving the traffic patterns enough discussion.”

Commissioner Clayton Corey opposed the plan. He made a motion to recommend denial, but that motion did not receive a second. He echoed the neighbors in his comments.

“There is a lot of opposition, and that is reasonable,” Corey said. “I believe zoning is a pledge to future residents. It should only be changed in extreme situations. I see what the developer is trying to do (with the site) but I don’t think this accomplishes that.”

Corey was joined by Commissioner Rick Watts in opposing the recommendation.

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 R-3 multi-family district of 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, represented the developer before the commission. Maerowitz said 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 zoned for multi-family and could be done with only building plan approval. He 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).

The neighbors were not impressed at all. More than a dozen lined up to take a turn at the microphone to object to the plan. State Senator John Kavanagh, who lives near the site, spoke first.

“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.”

Kavanagh also said he does not believe the developer can get 70 units on half the parcel, he said maybe 40.

Sharon Hutcheson, a former Town Council member as well as a former member of the Planning and Zoning Commission, also spoke in opposition to the plan.

“I’m not opposed to development,” Hutcheson said. “This is a single-family neighborhood. You should respect the opinion of your constituents – not the developer.”

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.

“Everyone in [this] neighborhood purchased their homes with the understanding that this was single-family residential,” Liz Gildersleeve said. “Keep it single-family as planned.”

Traffic and safety concerns at the intersection of Palisades and Mountainside as well as parking along the narrow street was the theme of many of the comments. Some also expressed distrust of some information the developer was providing regarding its survey of residents.

Stipulations

Since January, the development team had made changes to relocate two of the four planned buildings and agreed to the list of stipulations proposed to address concerns. Staff supported the rezoning application based on the stipulations as follows:

1. The development shall be in general conformance with the site plan dated March 1, 2023. Specific standards to be met include:

a. A maximum of four residential buildings are permitted on the site (consisting of approximately 6.28 acres).

b. Parking shall be a combination of garage parking and surface parking.

c. Buildings 1 and 2 shall be angled away from Mountainside Drive to allow for open space between Mountainside Drive and the buildings as shown on the site plan.

d. The southwest corner of building 3 shall be a minimum distance of 70 feet from the west property line.

e. No buildings shall be permitted to be parallel to the west property line at the minimum setback line.

2. The development shall be in general conformance with the elevations dated September 15, 2022.

a. No mechanical equipment shall be permitted on rooftops.

b. All mechanical equipment shall be ground mounted and screened by landscaping or screen walls as required by code.

c. Buildings shall utilize an architectural style and desert tones colors similar to those shown.

3. The development shall provide a minimum of 60% open space (may include both passive and active areas).

4. The development shall be limited to a maximum of 80 dwelling units on the entire site (consisting of approximately 6.28 acres).

5. The southern driveway on Mountainside Drive shall be gated and access shall be limited to emergency vehicles and solid waste collection vehicles. The use of the southern driveway by residents shall be prohibited.

6. Developer shall work with the Town of Fountain Hills traffic engineer to install signs, striping or other similar improvements to restrict parking on Mountainside Drive, subject to approval by the Town of Fountain Hills Traffic Engineer.

7. Developer shall impose and enforce restrictions that prevent tenants and guests from parking on Mountainside Drive.

The developer also agreed at the meeting to work toward speed humps along Mountainside Drive. The Town’s Traffic Calming Policy requires substantial agreement among impacted parties to implement the traffic calming measures.

The developer also agreed to work with the Town on significant improvements including widening Mountainside at the intersection with Palisades.

The rezoning request will be before the Town Council late April or early May, according to Development Services Director John Wesley.