The Town Council returns from its summer hiatus with a regular session on Tuesday, Aug. 17, and also returning are a mask requirement for those attending the session and reduced seating for the public to allow for social distancing.

This article is written without the benefit of a draft agenda but, based on previous legal postings, the council has scheduled consideration of an ordinance related to a requirement for developers to hold public discussions on proposed projects.

The proposal would require developers to implement 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 requirements would not change that, but a public meeting would be added.

“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.

The proposed ordinance includes provisions to notify property owners and HOA which have a portion of their property lying within the 300-foot radius of the project site. Commission members did ask that the Fountain Hills Dark Sky Committee be notified of such projects.

Ted Blank, a board member for the Dark Sky Committee, told the Planning and Zoning Commission that the dark sky regulations are easily overlooked by designers early in the process. He said by the time they are made aware of regulations, they may have already ordered outside lighting fixtures that may not comply with the regulations.

“An opportunity for us to review would be beneficial to both citizens and the developer,” Blank said.

Aside from a few questions, the proposal had the unanimous support of the P&Z Commission as well as positive input from the public.

Also on the council agenda is consideration of a Special Use Permit to allow residential condos within a commercial zoning district in the downtown area.

Architect Stan Connick is presenting a client’s plan for the renovation of four units to accommodate residential living. The site is located on the north side of Avenue of the Fountains approximately halfway between Saguaro Blvd. and Verde River Drive. Sofrita’s Restaurant occupies the space that fronts the Avenue.

Each of the four units would be remodeled to include kitchen, living room and two bedrooms. The units are about 1,000 square feet with two located on the first floor and two on the second floor. The second-floor units are permitted to be residential by right in the downtown area specific plan. The two ground-level units require the SUP.

The units would be brought into compliance with the 2018 International Building Code, which may require modifications to the exterior of the building, Connick said. Those changes would be determined when the applicant files for a building permit.

All four of the units are vacant and reportedly have been for some time.

The Planning and Zoning Commission raised some concerns about mixing private residential with public access on the site as well as taking away potential commercial business property. The commission did vote 4-2, however, to recommend the council approve the SUP.

The Town Council will meet Tuesday, Aug. 17, at 5:30 p.m. in council chambers at Town Hall with the previously noted reinstatement of COVID restrictions for masks and distancing.

A complete draft agenda for the session will be available at the town website, fh.az.gov after Thursday, Aug. 12.