The Town Council has approved amendments to the town’s Subdivision Ordinance relating to hillside disturbance regulations.

The council voted 6-0 to make the changes recommended by a subcommittee assigned by the Planning and Zoning Commission. The objective was to ease restrictions on builders and property owners.

Councilman Dennis Brown, a building contractor who also served on the committee, noted that Fountain Hills has long had the reputation as a place where regulations make it difficult to build.

He said even after almost 20 years of using these regulations it is still almost impossible for him to understand what can and cannot be done with regard to hillside regulations.

Former Councilman Ed Kehe, who was an advocate for hillside protection in the community before he served on the council, spoke to the council in opposition to the amendments.

Kehe said people have chosen to visit and live here for the natural beauty and the changes are a threat to that.

“The hillside ordinance has served us well,” Kehe said. “This (change) redefines slope, increases disturbance and offers exemptions leading to uncontrolled disturbance.

“To simplify (regulations) doesn’t necessarily make them better.

“If it ain’t broke, don’t fix it.”

There are six substantial changes to the ordinance that Brown took time to comment on.

Driveways account for a large amount of the disturbance on a lot, according to Brown. He said allowing a 20-foot wide driveway path actually reduces disturbance on difficult lots.

Likewise, Brown noted that a 10-foot wide utility trench exemption can also reduce disturbance and reduce the expense with a more direct approach between the street and structure. Brown also included in the motion that the utility disturbance be re-vegetated per town landscape standards.

Brown said he also believes that the town’s slope standards constitute a “taking” of private property. He noted the town is essentially telling people they can’t use a portion of their private property.

Brown does not see commercial and industrial properties as an issue because he said they are almost always nicely done with landscaping and architecture.

There are also numerous residential lots in the community that cannot be built on because of the hillside restrictions, according to Brown.

Councilman Henry Leger said he had initially had some concerns particularly with the exemptions being applied. However, he said after Brown’s explanation and understanding the cut and fill standards are still in play, he is more comfortable with the changes.

Staff noted that there are situations in town where the building envelope is platted. The regulation changes would not apply in these situations unless the property is re- platted.