With a 5-2 vote at its June 6 regular session, the Town Council denied a rezoning application for property at Palisades Boulevard and Mountainside Drive. While residents of the single-family neighborhood west of Mountainside see this as a victory, they were cautioned to “be careful what you wish for.”

The developer, Senderos Fountain Hills, has said they will proceed with a proposal to build a 70-unit complex on about three acres of the land they already own. This can be done without further review by the Town Council or Planning and Zoning Commission. The developer had not, as of this writing, submitted any applications for the smaller project, according to Senior Planner Farhad Tavassoli. They have presented a tentative conceptual plan, but that is unofficial.

Councilwoman Brenda Kalivianakis voted to deny the rezoning application. However, she said she has concerns about 70 units on three acres as well as stagnant growth in the community and lack of housing options.

Kalivianakis said her vote was based on her belief that as a council member it is her duty to support the wishes of the residents, who clearly expressed opposition to the project.

“This (rezoning plan) is so much better than the single multi-family parcel,” Kalivianakis said. “Be careful what you wish for.”

Senderos was proposing an 80-unit apartment community on about six acres of property. They required a dual rezoning to have the property zoned properly for the plan. The proposal would combine two parcels roughly the same size. One is zoned for single-family housing (R1-10) and the other multi-family housing zoning (R-4). Both parcels would be rezoned to R-3 multi-family to accommodate the plan.

Residents of the single-family neighborhood to the west of the site objected to the plan and fought it through two Planning and Zoning meetings and the council meeting. They viewed the existing zoning as a promise to nearby property owners that there should be no zoning change in the future without compelling reason. They do not view expanding the number of housing units as compelling.

Resident Liz Gildersleeve urged the council to honor the “promise” of single-family zoning on the parcel. She added that residents of the area consider the developer’s plan to build 70 units on the smaller parcel a “threat” they don’t believe can be done with existing regulations. Gildersleeve promised the residents would be watching any plans taken to Development Services to assure that all regulations are adhered to.

Former Mayor Linda Kavanagh, who lives near the area, said the developer has used the hearings and discussion to “muddy the waters” related to development on the smaller parcel. She said she has had discussions with a former planner who does not think the parcel can accommodate 70 units.

State Senator John Kavanagh invited the council to join him in fighting to preserve local zoning by denying the request.

Fountain Hills Chamber of Commerce President/CEO Betsy LaVoie made a statement of support on behalf of the Chamber Board of Directors which voted unanimously to support the rezoning. LaVoie noted that the Town has had “stagnant” population growth for two decades and greater housing opportunities are important for bolstering the business community.

“Our job is commerce,” LaVoie said. “We are only going to offer an opinion based on the commerce this project provides for growth in the community.”

Councilwoman Sharron Grzybowski had a number of questions clarifying positions on the proposal prior to making her motion to approve the rezoning request. She said the property does belong to someone and is likely to be developed, so issues with traffic, aesthetics and view protection are going to exist whatever goes there. The council was told that a long list of stipulations on the rezoning to address concerns would not be adhered to if the single lot is developed.

“I feel what the developer is proposing (on two lots) is more in line with the look and feel of Fountain Hills,” Grzybowski said. “I feel there is a preference to having the units going down the slope to protect views.”

Mayor Ginny Dickey and council members Gerry Friedel, Kalivianakis, Allen Skillicorn and Hannah Toth voted against the plan. Vice Mayor Peggy McMahon joined Grzybowski in support of the rezoning request.