The Planning and Zoning Commission will try again to clarify the Zoning Ordinance with regard to the designations that allow hospital facilities within the Town of Fountain Hills when it meets on Monday, July 12, for a regular session.

The item is continued from a meeting in April when commission members asked staff for clarification on the definition applied to hospitals. There was some concern by residents, as well as commission members, that the definition proposed in the ordinance amendment was too broad. Their concern is that as proposed, the ordinance might allow for substance abuse rehabilitation or detox facilities within zoning districts where they would not be appropriate.

Some residents had become concerned after there was a general inquiry of town staff regarding the ability to place a detox facility within a commercial zoning district in the downtown. Staff followed through to evaluate that request but had no formal application for such a zoning change. A general proposal to clarify within the ordinance zoning for such facilities was withdrawn. Staff has since clarified that such a facility was never the intention of the proposed zoning change being considered.

The current zoning change is to allow hospitals within the C-1 zoning district to codify the current situation with the Fountain Hills Medical Center, which was permitted within the C-1 zoning at the request of neighbors adjacent to the center. Staff had proposed the zoning for the Medical Center be C-2. As written, the Zoning Ordinance would not permit the proposed phased expansion of the medical center.

As of this writing, the staff language defining “hospital” for the Zoning Ordinance was not available. It is to be posted to the town website, fh.az.gov, by the end of this week.

Citizen participation

Another item before the commission on Monday is a Zoning Ordinance amendment that would require developers to have a “citizen participation” process when requesting a zoning amendment or special use permit.

Currently, the ordinance requires people living within 300 feet of property where the zoning action is being requested be notified by mail of the proposed plans. The property is also posted, and a public notice published in the newspaper.

“These surrounding property owners have a stake in the existing neighborhood and will be the most impacted by the proposed changes in development,” Development Services Director John Wesley wrote in a staff report on the issue.

As a project moves through the rezoning or SUP process, the layout and design of the buildings on the property take shape. It is early in the process when it is easiest to make changes in the plan.

“Therefore, it is important and beneficial to receive input and feedback as early as possible,” Wesley said. “Often by the time an application gets to the public hearing stage. It is very difficult to make impactful changes or modifications to a proposal.”

Wesley notes that many cities and town now include in their zoning ordinance a requirement for the applicant in land use cases to include citizen participation in the development process. This differs from the public hearing process, as it is generally informal discussion between the developer and interested citizens.

“These citizen participation requirements mandate that the applicant take steps prior to the public hearing to notify surrounding property owners about their proposed development and give them the opportunity to provide input,” Wesley said.

Residential request

A third item on the commission agenda is a request to allow residential use on the second level of commercially-zoned property in the downtown.

The request applies to a property on the north side of Avenue of the Fountains between La Montana and Verde River drives.

These requests require a special use permit and have become somewhat routine for the commission and council.

The Planning and Zoning Commission will meet on Monday, July 12, at 6 p.m. in council chambers at Town Hall the meeting is open to the public.