At a meeting on Thursday this week, the town Planning and Zoning Commission will discuss two development projects that would bring nearly 500 new rental units into the community, and members will also consider an application to extend the operating hours for the medical marijuana dispensary in Fountain Hills.

The commission will meet on Thursday, July 25, at 6 p.m. in council chambers at Town Hall. The Town Council is scheduled to consider these same issues when it meets on Tuesday, Aug. 13.

The items are being presented in this article in the order that they appear on the agenda for the meeting as posted on July 18.

Medical marijuana

Mark Steinmetz of Sixth Street Enterprises, which operates a Nature’s AZ Medicines in Fountain Hills, is asking for a Zoning Ordinance amendment that would allow for longer hours of operation for the dispensary as well as allow for delivery.

The request proposes to allow the dispensary to operate between the hours of 8 a.m. and 10 p.m. daily, as well as allow for the delivery of products.

Currently the ordinance allows for operation between the hours of 9 a.m. and 7 p.m. It also specifically prohibits delivery of product.

Current state law allows dispensaries to operate between the hours of 7 a.m. and 10 p.m. Staff reports based on its research there are a variety of hours of operation permitted in Valley communities. Several allow for 9 p.m. but only Chandler allows operation until 10 p.m.

With regard to delivery, only Mesa specifically allows delivery, several specifically prohibit delivery while Scottsdale, Tempe and Chandler do not address the delivery topic, meaning it is probably permitted.

Staff reports that the town has received no complaints regarding the operation of the dispensary, and Maricopa County Sheriff’s Office reports no issues related to the business including incidents requiring the attention of law enforcement.

In a proposal narrative, Nature’s AZ Medicines indicates it has received strong customer feedback desiring longer hours of operation. It is stated the local dispensary has regular customers who come from as far away as Yuma and Page and the restricted hours make it difficult for these clients to get there.

The restriction on delivery makes it difficult for homebound or institutionalized patients to obtain products.

“This applicant is sensitive of the misperception and social stigma often associated with medical marijuana dispensaries and we have worked to prove that is not the case with this property,” Steinmetz said. “Based on the applicant’s experience and nature in which the business has operated, we have demonstrated the use can be operated responsibly, safe and discreetly.

“The request for changes in operating hours will help ensure the public health, safety and welfare while providing better patient access to the medication.”

Keystone homes

The commission is looking at a request to change the zoning on approximately 16 acres of land that surrounds the Bashas’ shopping center along Westby Drive and Avenue of the Fountains from Palisades Boulevard to La Montana Drive.

The applicant, Keystone Homes of Scottsdale, is asking for a change in the zoning from the existing C-2 with an entertainment overlay, to a Keystone PAD to allow for construction of 147 detached apartment units.

The proposed plan would construct 46 one-bedroom units, 81 two-bedroom, 11 two-bedroom units with a loft and 9 three-bedroom, two story units.

Traffic access to the property would be from Palisades Boulevard on the north and Avenue of the Fountains on the south. There is no proposed vehicular access to the site from Westby or La Montana.

On-site parking for the apartment units will be covered parking along driveways and also 36 garage spaces.

The developer proposes three housing styles for the site including Spanish, ranch and prairie with three color schemes per elevation type. The developer will create a pedestrian plaza at the intersection of La Montana and Avenue of the Fountains.

A walkway through the property will connect several “grand paseo” parklike sites within the site.

Phased construction is proposed to begin at La Montana working west along Avenue of the Fountains to Westby Drive and north to Palisades.

Daybreak

The most controversial of the proposals on the agenda is for the Daybreak development planned for 23 acres of an approximately 60-acre site off Palisades Boulevard north of Shea. The plan calls for 36 acres of the property to remain open space.

The site is currently zoned for lodging and there have been a few aborted resort plans for the parcel.

Jeremy Hall, former MCO Properties president who oversaw development for MCO in Fountain Hills, and Neil Ginsberg, who was part of the team that initially developed the CopperWynd Resort in town, are teaming up on the Daybreak development proposal as Hilltop Vista Properties, LLC.

Their zoning request calls for a minor amendment to the General Plan changing the site designation from lodging to multi-family medium density to allow for the multi-family development.

A second request before the commission is to designate a Planned Area Development, or Daybreak PAD, as the zoning for the parcel. The existing zoning is L-3 PUD (for the lodging) and OSR, or open space.

The changes would allow for development of 400 apartment units on the site. The plan calls for 270 garden apartments in a mix of one-, two- and three-bedroom without age restriction. Additionally, the proposal includes 130 one- and two-bedroom units that would be age restricted to 55 and older.

EPCOR Water and the Fountain Hills Sanitary District have written the town indicating they have no issues in providing service to the development.

Since the project was first unveiled in March the town has received nearly 100 comments from people stating opposition to the project. Many of those come from the Westridge Village subdivision just north of the development site, and Crestview on the west side of Palisades Boulevard from the project.

Traffic is a major concern with opponents stating the southern access to Daybreak is too close to Shea Boulevard. It would be directly across from and share access with the Crestview entry.

There is also concern with the multi-family use with some stating the property should remain designated for resort. Hall has stated that with CopperWynd just about a mile from that site there is no need for another resort property in that area.

The commission will open each of these discussions with a public hearing, as will the council on Aug. 13.