With a recommendation in hand from the Planning and Zoning Commission to deny the application, the Town Council will take up the requests for a General Plan amendment and rezoning associated with the proposed Daybreak apartment community when it meets next week.

The council meets Tuesday, Oct. 1, to consider the requests from Jeremy Hall and Neil Ginsberg of Hilltop Vista Properties, the developer of the site.

The Daybreak development is planned for 23 acres of an approximately 60-acre site off Palisades Boulevard north of Shea Boulevard. The plan calls for 36 acres of the property to remain open space.

The site is currently zoned for lodging and there have been a few abandoned resort plans for the parcel.

Hall is a former president of MCO Properties and oversaw considerable development within Fountain Hills, and Ginsberg was part of the team that initially developed the CopperWynd Resort in town.

Their zoning request calls for a minor amendment to the General Plan changing the site designation from lodging to multi-family medium density to allow for the apartment development.

A second request before the council is to designate a Planned Area Development, or Daybreak PAD, as the zoning for the parcel. The existing zoning is L-3 PUD (for the lodging) and OSR, or open space.

The changes would allow for development of 400 apartment units on the site. The plan calls for 270 garden apartments in a mix of one-, two- and three-bedroom without age restriction. Additionally, the proposal includes 130 one- and two-bedroom units that would be age restricted to 55 and older.

In a staff report Development Services Director John Wesley makes note of a lack of any recent interest in a resort on the property. The site was approved for a resort development in 2007, but it never materialized. However, Wesley also notes there is a lack of any other suitable resort location within the town.

The developer stated rather emphatically at the P&Z meeting that their research indicates the site would never be used for a resort.

Wesley also stated in his report that the location is acceptable for multi-family housing and amending the General Plan for such a designation would be appropriate.

Wesley stated some staff concerns regarding the rezoning request which include improving the pedestrian orientation of the site, consider reducing the amount of leveling of large areas and rely on natural contours as required by the Zoning Ordinance.

Staff also wants more information regarding walls, signage and lighting as well as information on design elements such as color and material details to demonstrate compliance with the ordinance.

Staff has also attached stipulations that go along with any approval which include building setbacks, greater connectivity from trail to residential units as well as improved connectivity between units and to the amenity areas.

Staff is also asking the developer to “upgrade the design and amenities to meet the General Plan requirement for exceptional design and enhanced amenities.” They are also asking for extensive landscaping along the property edge with Palisades Boulevard to exceed the minimum requirements.

The developer has indicated they are in general agreement with the staff requests and will look to comply. If the plan is approved with the stipulations, the requirements would be enforced with the building plan review having the requirements met at the stage before a building permit is issued.

The Town Council will consider the applications at its regular meeting on Tuesday, Oct. 1, at 5:30 p.m. The meeting will have a change in venue to the Fountain Hills Community Center to accommodate the large crowd expected for the hearing. More than 200 turned out for the P&Z hearing. Many residents of the immediate area around the building site have protested the project.

The meeting will be recorded for online video and livestreaming.