On a unanimous 7-0 vote March 1 the Town Council said no to the proposed site plan presented by the developer for the Phase II and Phase III construction of the downtown Park Place development.

The council took a recess to go into closed session to discuss legal questions with Acting Town Attorney Trish Stuhan. She is with the firm of Pierce Coleman LLC, the same as Town Attorney Aaron Arnson. After the closed briefing the council returned for a brief discussion before taking the vote.

The council was not happy with the way the site plan handled commercial use in the proposal. They believe it is inconsistent with what the Planning and Zoning Commission asked for in approving the plan Feb. 14.

“I don’t think P&Z would have approved this as it is presented to us related to the commercial,” Councilman David Spelich said. “They were looking for more commercial visibility on the corner (of Saguaro Boulevard and Avenue of the Fountains).”

“I don’t see this added commercial as retail friendly,” Councilwoman Sharron Grzybowski said.

Councilwoman Peggy McMahon said she sees problems with visibility and accessibility to the commercial in the plan.

Bart Shea, manager for N-Shea Group, the project developer, asked whether the site plan proposal meets the technical requirements of the development agreement approved for the project in 2016.

“It took two years to negotiate this contract (development agreement), we were asked (by P&Z) to explore commercial on Saguaro and we did,” Shea said. “This project meets the technical requirements of the agreement. It costs to accommodate the changes requested.

“I have a contract with the Town, I don’t want to change that contract.”

Shea presented a plan that has commercial along Saguaro Boulevard off the intersection to the south. There are still three stories of residential above the commercial.

The site plan includes a total of 8,000 square feet of commercial space with some along Avenue of the Fountains west of the intersection.

McMahon said she believes that P&Z was suggesting the developer move the commercial to a more opportune location on the corner to present something of a “bookend” to the development on the north side of Avenue of the Fountains.

Shea stated that a use on the corner, such as a restaurant like the north side, cannot be done because adequate parking cannot be developed to accommodate it.

Staff had proposed some stipulations to the site plan, all of which were considered items that could be addressed in the review process for building plans. Those items include relocation of SRP electrical boxes, the solid waste collection enclosure and details on a water feature.

Shea told The Times he wants to continue working with the Town to come to an agreement so the project can go forward.

Other elements

Staff and the council are also looking at the project through the lens of several council-adopted planning documents, as well as a voter approved update to the General Plan. Those include a Downtown Area Specific Plan and the Town Center Commercial Zoning District (TCCD).

The Area Specific Plan calls for the Avenue to be a “core of the downtown with a comfortable atmosphere for strolling, sight-seeing and shopping…(evolving) into a premier shopping destination for residents and a must-visit magnet for visitors.” The ASP also calls for the Avenue to be “designed to accommodate a degree of other uses including second story office space, condominiums and small-scale businesses along with limited neighborhood services. If designed appropriately, a small percentage of brownstone style housing could be integrated into the Avenue District.”

The TCCD also has a focus on mixed use to provide for the “sustainability of a vibrant mixed-use area where residents and visitors can live, work, shop, dine, be entertained, enjoy community and cultural events and contribute to economic viability of the Town Center area and the town as a whole.”

The TCCD is primarily a commercial zoning district, according to staff. It does allow for mixed-use commercial and residential buildings. Multi-family only buildings are permitted in limited situations. One allowance for residential only is a building setback of 50 feet from the street.

Where there might be a little conflict is with the General Plan. The Park Place Development Agreement was approved under the provisions of the 2010 General Plan. Since that time voters have approved a new General Plan in 2020. The 2020 plan is generally consistent with the other documents calling for “(development) of highly integrated mix of uses to provide a vibrant Town center…encourage active ground floor uses with a high degree of transparency and office and residential above. Buildings should be limited to three stories. Architecture should be consistent with the Town’s small-town feel.”

The 2010 General Plan called for a mixed uses “carefully designed to be mutually supportive” and should “reinforce the viability and vision of the Town Center.” That vision at the time was outlined in the Downtown Area Specific Plan.