When a developer stepped forward in early 2019 with a proposal to develop a 400-unit apartment community in Fountain Hills near Shea and Palisades boulevards, the plan was controversial from the beginning.

The initial concerns came from residents currently living just west of the site, across Palisades Blvd., and a neighborhood just north of the parcel, off Palisades. They raised issues primarily regarding traffic, zoning adjustments and aesthetics.

The project is proposed for about 24 acres of a 60-acre parcel that slopes down into an arroyo along the east side of Palisades. The site had previously been approved for a conference center resort that included condos and raised about five stories in places. The land entitlements for that project still exist on the parcel.

Jeremy Hall, the former president of MCO Properties in Fountain Hills, and Neil Ginsberg, who was the original developer of the CopperWynd Resort in Fountain Hills, brought the application for the new project as Hillside Vista Properties.

Their plan calls for a total of 400 dwelling units based on an underlying zoning designated for multi-family housing. The proposal includes 270 garden apartments with a mixture of one-, two- and three-bedroom units without age restriction. A second component of the complex would be 130 units age restricted to 55 years and older. The age-restricted component would consist largely of a single building approximately 600 feet in length.

The development would sit higher on the parcel than the existing resort proposal but building height would be lower.

The developer engaged a traffic engineering consultant to evaluate the project and the site. It is normal for a developer to engage this service rather than the town paying for a study.

The CivTech study concluded that the proposed complex would generate up to an additional 2,600 vehicles per day. It also concluded that under current standards, the traffic would not warrant the installation of a traffic signal at either entry to the project. However, the development agreement approved by the Town Council for the project calls for an updated traffic study within two years of the first occupancy to see if a signal is warranted. The developer agrees to participate financially in the signal if it is needed at that time.

The consultant also states that the developer’s plans for right-turn ingress for the project site is adequate at both entries.

Opponents, now ranging from all over town, have also raised questions regarding open space claims in relation to the project. According to information based on the Town’s review of the project, the overall site is 59.79 acres with the development covering approximately 23.04 acres, leaving an open space of 36.75 acres. The developer is also stating that there will be an additional 12.02 acres of “enhanced” open space within the development.

The PAD for the site will allow for the developer to fill up to 57 feet of terrain to accommodate construction. This would be maxed out in the area of the south entrance across from the entrance to the Crestview development.

The maximum allowable cuts will be 30 feet.

Except for small turf areas at the entry points, the developer is proposing landscaping consistent with the approved plant list from the Town of Fountain Hills Subdivision Ordinance.

The Times invited the principals involved in the Daybreak referendum campaign to state their case to voters this week. They were each given the opportunity to make a statement, however, the campaign to vote no on the project declined to take this opportunity.

The Times received a comment from the developer, but we are choosing not to run either without both for balance.

The Planning and Zoning Commission unanimously voted against the project, a stance the Town Council did not uphold with its own 5-2 vote in favor.

After council approval of the General Plan amendment to allow residential on a parcel zoned for lodging and the PAD zoning requests, opponents of the project submitted referendum petitions to have the project referred to voters for approval.

Election Day is Tuesday, May 19, but this is an all-mail election with ballots already in the hands of voters. County Election officials are asking the ballots be placed in the mail for return by Wednesday, May 13.

Voters may return their ballots in person to a secure ballot box at Town Hall on Monday, May 18, from 7 a.m. to 4 p.m. On election day, May 19, the Community Center will be open for ballot drop-off in person from 6 a.m. to 7 p.m. Voters may replace a lost or damaged ballot by contacting Maricopa County Elections, recorder.az.gov/elections, before Friday, May 8, or at the Community Center on election day.