Call to Order and Pledge of Allegiance

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Anyone wishing to address the Commission regarding items listed on the agenda or during Call to the Public must completely fill out a Request to Comment card located in the back of the Council Chambers and hand it to the Clerk prior to the start of the meeting. Once the meeting has started, late requests to speak cannot be accepted. When your name is called, please approach the podium, speak into the microphone, and state your name and if you are a resident for the public record. Comments may not exceed three minutes. It is the policy of the Commission not to comment on items brought forth under "Call to the Public." However, staff can be directed to report back to the Commission at a future date or to schedule items raised for a future Commission agenda. To avoid disruption of the meeting, to maintain decorum, and provide for an equal and uninterrupted presentation, applause is not permitted, except during Proclamations, Awards, and Recognitions. All meeting participants must maintain proper decorum as specified in Section 6 of the Council Rules of Procedure.

Summary of Current Events by Director

Consent Agenda
All items listed are considered to be routine, non-controversial matters and will be enacted by one motion and vote of the Commission. All motions and subsequent approvals of consent items will include all recommended staff stipulations unless otherwise stated. There will be no separate discussion of these items unless a Commission Member or member of the public so requests. If a Commission Member or member of the public wishes to discuss an item on the Consent Agenda, he/she may request so prior to the motion to accept the Consent Agenda or with notification to the Director or Chairperson prior to the date of the meeting for which the item was scheduled. The item will be removed from the Consent Agenda and considered as the first item on the Regular Agenda. The remaining items on the Consent Agenda will be enacted by one motion and vote of the Commission.

Regular Agenda

CONSIDERATION AND POSSIBLE ACTION: Approving the regular meeting minutes of the Planning and Zoning Commission February 9, 2026.
The intent of approving meeting minutes is to ensure an accurate account of the discussion and action that took place at the meeting for archival purposes. Approved minutes are placed on the town's website and maintained as permanent records in compliance with state law

PUBLIC HEARING, CONSIDERATION AND POSSIBLE ACTION: REZONE of approximately 20 acres located approximately 600-feet south of the southeast corner of Golden Eagle Blvd. and Nyack Drive (APN 176-21-181) from R1-35 (35,000 sq. ft. lot size minimum) to R1-10A (10,000 sq. ft. lot size minimum) to allow development of 29 single-family residential lots.
BackgroundThe applicant, Toll Brothers, Inc., requests approval to rezone approximately 19.35 acres from R1‑35 (Single‑Family Residential) to R1‑10A (Single‑Family Residential) to allow development of a single‑story, for‑sale residential subdivision. The rezoning would permit lot sizes and development standards consistent with the adjacent R1‑10 subdivisions while preserving a significant natural wash located on the western portion of the property.In 2024, the Fountain Hills Unified School District (FHUSD) initiated a public process to evaluate and dispose of two underutilized properties, including the subject parcel. Voters approved the sale in November 2024. FHUSD subsequently selected Toll Brothers as the preferred buyer and entered escrow following required public notice and statutory review. Sale proceeds will be used to support FHUSD’s educational mission.The property has remained vacant and previously served as a potential school site. The applicant notes that a school use would generate significantly more daily traffic than the proposed residential development. A traffic trip comparison prepared for the applicant indicates approximately 310 fewer daily vehicle trips with the proposed single‑family subdivision than with a charter elementary school.Existing ConditionsThe property is vacant and bordered by established single‑family neighborhoods. A large natural wash, approximately 9 acres and nearly half of the site’s total area, traverses the western portion of the parcel. The wash functions as a drainage corridor and wildlife habitat. The applicant proposes to preserve the wash in its natural condition and dedicate an easement to protect its alignment. No homes will be constructed within the wash area.Existing ZoningThe site is zoned R1‑35 (Single‑Family Residential). The applicant states that the existing zoning does not reflect the prevailing lot sizes in the area and does not allow a feasible or context‑appropriate subdivision design given the natural wash and irregular buildable area.Proposed Zoning and Development PlanThe applicant proposes to rezone the property to R1‑10A to establish a residential subdivision that reflects the lot sizes and development patterns of the surrounding R1‑10 neighborhoods while accommodating the site’s unique physical constraints. The R1‑10A district provides the necessary flexibility to design lots around the substantial natural wash that traverses nearly half of the property and is planned to be preserved as open space. Under the proposed plan, all homes would be limited to a single story, despite the district permitting two‑story construction, in order to protect existing views and maintain compatibility with nearby residences. It is important to note that the only substantive distinction between the R1‑10A and R1‑10 zoning designations is maximum lot coverage, with R1‑10A allowing 40 percent coverage compared to the 30 percent permitted in R1‑10, a difference that enables a more efficient and context‑appropriate design for this constrained site.Typical lots would measure approximately 80 feet by 130 feet, with building envelopes of about 60 feet by 80 feet. The project includes the following R1‑10A development standards, which the plan meets:• Front setback: 20 feet• Side setback: 7 feet• Street side setback: 20 feet• Rear setback: 20 feet• Maximum lot coverage: 40%• Minimum lot width: 80 feetApproximately 9 acres remain undisturbed, significantly reducing the developable land area. The resulting density is well below the maximum 4.35 du/ac allowed in the R1‑10A district and comparable to the surrounding neighborhoods.General Plan Conformance:The property is located within the Neighborhoods Character Area, which supports a range of single‑family lot sizes and infill development. Staff finds the request consistent with the following General Plan goals and policies, as supported by the applicant’s narrative:Economic Development Element• Supports FHUSD through reuse of underutilized school district property.• Facilitates high‑quality residential infill attractive to families and working professionals.Thriving Neighborhoods Element• Maintains compatibility with adjacent R1‑10 neighborhoods through 1‑story homes and appropriate setbacks.• Enhances neighborhood character and protects established views and privacy.• Provides safe, quality housing and connectivity to nearby services.Character Areas & Great Places• Utilizes an infill site with existing infrastructure.• Preserves natural washes as buffers and integrates the wash into site design as an amenity.Natural Resources / Open Space• Protects the natural wash as permanent open space, consistent with Town policy.Citizen ParticipationThe applicant’s Citizen Participation Plan describes how Toll Brothers notified and engaged surrounding property owners, homeowners’ associations, and other interested parties regarding the proposed rezoning from R1‑35 to R1‑10A. Affected property owners within 300 feet, as well as agencies identified by Maricopa County, were sent mailed notice of a neighborhood meeting on January 20, 2026, during which the applicant presented the project and answered questions. Furthermore, the property was posted with a public notice sign on February 20. Both the neighborhood meeting and sign postings were done well prior to the minimum of 15 days required by the Town.The Citizen Participation Report describes the applicant’s outreach efforts for the proposed rezoning of the Aspen Drive property, including mailed notices to property owners within and slightly beyond the required 300‑foot radius, distribution of materials to interested parties, and posting of two on‑site signs as required by Town regulations. A neighborhood meeting was held on January 20, 2026, using an open‑house format followed by a group Q&A session at residents’ request, with approximately 65 attendees participating. Throughout the process, the applicant and its representatives engaged in follow‑up conversations with nearby residents (both before and after the meeting) to address questions related to density, subdivision design, traffic, drainage, wildlife, and view impacts, as well as to clarify commitments such as single‑story homes and preservation of the on‑site wash. Several residents expressed concerns about the proposed development, while others voiced support for aspects such as the project’s single‑story design, wash preservation, and consistency with surrounding lot sizes. The report concludes that the applicant exceeded the Town’s participation requirements by providing additional outreach, follow‑up meetings, and ongoing communication with both neighbors and Town staff. AnalysisThe proposed rezoning preserves the single‑family residential use already permitted on the property while introducing lot sizes and architectural standards compatible with the surrounding neighborhood. The development approach reflects sensitivity to the site’s natural features by preserving the existing wash and designing the subdivision in a manner that respects environmental and topographical constraints. These preservation efforts necessarily concentrate the dwelling units on the eastern portion of the site while keeping the proposed gross density at approximately 1.45 du/acre., and the overall density calculation of 4.35 du/acre includes the substantial open‑space area retained in the wash corridor. Even with this limitation, the The preservation of the wash, combined with the applicant’s commitment to single‑story homes, helps protect existing views and ensures a visually harmonious transition to adjacent residences. The project also offers needed housing options and generates fewer potential traffic impacts compared to the school district’s prior consideration of a new school on the site. Additionally, the redevelopment of former school district property supports broader community objectives by enabling reinvestment in local educational facilities, benefiting both the surrounding neighborhood and the Town as a whole.

PUBLIC HEARING, with CONSIDERATION AND POSSIBLE ACTION: Relating to Ordinance 26-02 amending Zoning Ordinance Chapter 27, Downtown Overlay, Sec. 27.02 A. related to permitted density for residential development.
At their September 2, 2025, Town Council meeting, the Council approved adding Chapter 27, Downtown Overlay, to the Zoning Ordinance.  As part of their consideration to apply this zoning designation to the downtown area at their meeting on December 18, concerns were raised about the residential density being allowed by the overlay district.  Based on those concerns, the Council asked the Planning and Zoning Commission to review this issue and make a recommendation on changes to the ordinance to address this concern.The Commission held a public hearing to consider possible changes to this overlay district at their regular meeting on January 12, 2026.  During that meeting comments and questions were raised with regard to the existing development pattern in the downtown area and concerns about the existing language as it would apply to major redevelopment in the downtown.Each of the four blocks in Plat 208 is about 11 acres.  In total, as platted, there were 139 lots on these four blocks.  In the years since it was platted, some lots have been combined, some have been split, and condominium plats have added numerous units and owners on some lots.  Given the current configuration and ownership pattern, there are over 100 individual owners of properties within this area.Plat 208 is governed by a property owners' association that was established when the area was platted and began development.  This association controls all the common areas within the plat.  Each lot owner has a voice in what happens within this area.  It takes approval by at least 66% of the owners to make any changes to the common property.Following the Commission discussion in January, staff reached out to the Chair of the Plat 208 Board to discuss the issues raised and what the likelihood is of seeing any substantive changes in the current platting and common area ownership and uses.  The feeling is that modifications of the type being discussed by the Commission were so challenging it was not worth the time that would be spent studying and considering them.The issue given to the Commission by the Council for consideration is what should the by-right density be in the Downtown Overlay?  The notice for the public hearing was just on that question.Concern was expressed at the previous meeting that the area would become overrun with apartments at the density currently approved, resulting in not achieving the desired commercial development.  The ordinance does not allow first floor residential in the Avenue District at all and allows it on the first floor in the business district only through approval of a Special Use Permit.  Therefore, the Town can ensure the balance is maintained between commercial and residential uses. It is well known in real estate that "retail follows rooftops."  Population and population density is needed to attract business.  While there are some exceptions, they are rare and driven by unique situations.  In order to achieve the desired level of active commercial use in downtown, there needs to be a population base to support the businesses. There was also concern that if a block could be totally redeveloped to the allowed density it would be too much for the area.  Based on the previous staff analysis, it would be good to add 400-550 additional dwelling units within the downtown area.  At least 300 of these should be in Plat 208.  The possible number of units that could be added to the area by density allowance are shown in this table.Dwelling Units/AcreNumber of Units Based on Total Building Lot AreaNumber of Units Based on Vacant Lot Area1529488254681493566220845920267It is unlikely many of the properties with existing development will be redeveloped to add residential units, but some will.  It is also unlikely all the existing vacant lots will be developed with residential uses.It was noted at the January meeting that the figures above are based only on the actual lot area for development.  All the parking and other amenity areas that are typically part of a development and factored into a density calculation are not included.  Using the number of possible units from the table above for the total lot area (residential development on every existing platted lot at the maximum density allowed), the density per acre drops to 6.7, 10.6, 15, and 20.9, respectively, for an entire 11-acre block.Given the ownership of the common area by the Plat 208 Association and the challenge it would be for that area to become privately owned for development, it is extremely unlikely the Town would ever experience someone building out an entire block based on the allowed density.  However, to resolve any concerns about this possibility, the ordinance has been amended to set a cap on the maximum density that can be developed across an entire block at 15 units per acre.

PUBLIC HEARING, with CONSIDERATION AND POSSIBLE ACTION: Relating Ordinance 26-06 amending Zoning Ordinance Chapters 1, Introduction, 2, Procedures, and 19, Architectural Review Standards, to provide for murals on the side of buildings.
At the December 16, 2025 Town Council meeting, staff presented an item for Council direction regarding the establishment of a Placemaking Strategy for installation of murals on the exterior of buildings in the town. The Community Economic Development Strategy and the Downtown Strategy both contain implementation strategies for placemaking. The utility box murals have drawn a lot of attention to this idea and staff has received interest from several businesses and property owners regarding painting murals on buildings.Over the last several years, multiple business owners have expressed interest in murals and have approached the Town with various proposals, including:Donating a wall for a Town-installed mural;Donating a wall and splitting the mural installation costs 50/50; and,Fully funding a private mural installation (100% paid by the business or property owner).In response to this, the Council directed staff to further explore what steps need to be taken to implement this portion of the strategy to ensure that murals painted on buildings will enhance the image and character of the town. Staff has identified two basic steps that will be pursued to accomplish this goal: 1) establish a policy on murals for Town participation, and 2) amend the zoning ordinance to provide for and place basic standards on the installation and maintenance of murals.Under current zoning provisions, the Town does not regulate installation of murals or have the means to review repainting a building unless specific paint colors were approved during site plan review. Further, the adopted Architectural Review Standards limit the number of colors that can go on a building. After reviewing the zoning ordinance, it has been determined that changes should be made to three sections of the ordinance: Definitions, Site Plan Amendments, and Architectural Review Standards in order to regulate installation of murals.Proposed Ordinance ProvisionsThe first item needed is a definition of mural.  After reviewing language in other ordinances, staff is proposing the following definition be added to Sec. 1.12:Mural: A non-commercial message picture, scene, or diagram displayed on the exterior of a building through application of paint, canvas, tile, panels or similar materials, generally for the purposes of decoration or artistic expression, including but not limited to painting, fresco, or mosaic.Section 2.04 of the Zoning Ordinance establishes the requirement for site plan review and approval.  As part of the site plan review process, the applicant is to provide a color pallet for how the building will be painted as well as a color elevation.  It is through this means that the Town has the opportunity to review the exterior treatment of a building and respond to those design choices.  There is nothing in the ordinance today that would prohibit a person from choosing to paint a mural on their building.Section 2.04 F establishes the criteria for site plan modifications.  There is nothing in the current list of modifications that addresses changes to paint colors or other similar changes to the exterior of the building.  In order to provide oversight of changes to existing buildings, staff is proposing that an additional provision be added as follows:F. Changes to paint colors, materials, themes, or exterior treatment of the facade.There has been some concern with this change to Town policies and ordinance to provide for and encourage murals.  Concerns range from having too many of them that the Town begins to look cluttered to the content of what might be included in a mural.  There are free speech questions that can be raised.  The following is being proposed as an addition to Chapter 19 to allow murals in a controlled manner:H. Murals. Murals as defined in Sec. 1.12 are permitted.  A mural may use more than the five colors as stated in Sec. 19.06 B.1. Murals must:a. Fit with and complement the architecture and other design elements of the building;b. Fit the context of the area; and,c. Met the criteria established in the Town's "Call to Artists" process.2. Murals cannot:a. Cover doors and windows;b. Use metallic paint, reflectors, rotating lights, or lights pointing toward the street;c. Contain new electrical or lighting components;d. Contain profane, gory, or violent material;e.  Contain words;f.   Contain people or images of people; g. Extend beyond the surface of the building wall or have materials that fasten to the wall;h.  Contain sign copy or logos.  A mural shall be considered a wall sign or commercial message and subject to the requirements of Chapter 6, Sign Regulations, if it contains words, logos, trademarks or graphic representations of any person, product or service for the purpose of advertising or identifying a business; or,i.  Be installed on a designated historic property.3. Murals must be maintained in good condition and repainted as needed to repair damage and avoid becoming faded.

Call to the Public
Pursuant to A.R.S. §38-431.01, or as prescribed by state law.

Commission Discussion/Direction to the Director

Future Agenda Items

Adjournment