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ITEM 9.a. TOWN OF FOUNTAIN HILLS STAFF REPORT Meeting Date: 3/17/2026 Meeting Type: Town Council Regular Meeting Submitting Department: Development Services Prepared by: John Wesley, Development Services Director Staff Contact Information: Phone: 480-816-5138 Email: jwesley@fountainhillsaz.gov Request to Town Council Regular Meeting (Agenda Language) PUBLIC HEARING, with CONSIDERATION AND POSSIBLE ACTION: Relating to approval of a Special Use Permit to allow light assembly and storage in the C-3 Zoning District for property located at 16939 E. Colony Dr, Suite 4.(Case #SUP25-000005.) Staff Summary (background) The zoning ordinance establishes allowed uses for each zoning district. The list also includes uses which may be considered and approved on a case-by-case basis through the Special Use Permit process. A window assembly business has been started at 16939 E. Colony, Suite 4. This business includes a showroom and office areas where they meet with customers and determine the desired window designs. The company orders the glass and the frames for the windows and assembles the windows per customer requests. This property is zoned C-3. Section 12.06 E., Uses Subject to Special Use Permit in the C-3 District Only, lists the following: E. Light assembly and storage as an accessory use if all of the following criteria are met: 1. Any assembly or storage areas associated with assembly activities shall not occupy more than fifty (50%) of enclosed building space used for the business. 2. There shall be no use of hazardous materials involved in the assembly operation(s). A Special Use Permit is required to allow this business to operate in this zoning district. The floor plan submitted with the application shows the use meets the above criteria by not occupying more than 50% of the building space for the assembly activity. The remaining portions of the building are being used for office, showroom, and employee spaces. There are no manufacturing operations occurring and they do not use any hazardous materials. Zoning Ordinance Section 2.02 F. a. d. sets forth the review criteria for consideration of a SUP. It states: In order to recommend approval of any use permit, the findings of the Commission must be that the establishment, maintenance, or operation of the use or building applied for will not be detrimental to the public health, safety, peace, comfort, and general welfare of persons residing or working the neighborhood of such proposed use, nor shall it be detrimental or injurious to property and improvements in the neighborhood of to the general welfare of the Town. The C-3 Zoning District is a retail commercial zoning district, but also allows for a wide range of associated uses. This area of the town has long been used for a variety of heavy commercial activities. The company was unaware of the need for the Special Use Permit when they signed the lease and began using the building. They have now been in operation for several months while preparing this SUP application. Staff is unaware of any concerns by surrounding businesses. Staff has not identified any issues with public health, safety, peace, comfort or welfare for the neighborhood or community associated with this business. The applicant implemented a citizen participation plan which included contacting all the surrounding property owners to inform them of their use and receive feedback on any concerns. The applicant reports they were unable to contact one of the businesses. No issues were identified in that process. Staff has not received any calls regarding the proposed use. Related Ordinance, Policy or Guiding Principle Zoning Ordinance Sec. 2.02, Special Use Permits Zoning Ordinance Sec. 12.06 E. Light Assembly and Storage in C-3 Risk Analysis N/A Recommendation(s) by Board(s) or Commission(s) The Planning and Zoning Commission held a hearing and reviewed this application at their meeting on February 9, 2026. No citizens spoke regarding this application. The Commission voted unanimously to recommend approval. Staff Recommendation(s) Staff recommends approval. Suggested Motion MOVE TO approve SUP25-000005. FISCAL IMPACT Fiscal Impact: N/A Budget Reference: N/A Funding Source: N/A ATTACHMENTS 1. Colony Rd. Case Details Map 2. Citizen Participation Report 3. Business pictures