Planning commission approves Toll Brothers rezoning for former school site with five stipulations

The Fountain Hills Planning & Zoning Commission on March 9 approved a rezoning that will allow Toll Brothers to build 25 single‑family homes on a former Fountain Hills Unified School District site off Aspen Drive.

Commissioner Proctor moved to rezone approximately 19.35 acres from R‑1‑35 to R‑1‑10A, subject to five stipulations; Commissioner McDermott seconded. The motion passed on a 6–0 roll‑call vote.

The developer and staff said the change is intended to produce single‑story homes compatible with surrounding neighborhoods while preserving the site’s natural wash corridor. Ashley Marsh, land‑use counsel for the applicant, said the company reduced its original 29‑lot plan to 25 lots after neighborhood outreach and is proposing single‑story models to “preserve the wash corridor” and neighborhood character. Marsh said the revised plan preserves more than 11 acres of open space and limits building in the wash area.

Staff noted the site is roughly 19.35 acres and that the regulatory floodplain and erosion setback account for about nine acres of nondevelopable land. Farhad, the staff presenter, said staff found the rezoning consistent with the general plan’s support for reuse of underutilized school district property and recommended approval with conditions such as a final‑plat note restricting homes to one story and establishing a non‑developable area for the floodplain and erosion setbacks.

Public commenters were split. Tammy Bell, a 21‑year resident of Fountain Hills, told the commission she supported the rezoning and praised Toll Brothers’ outreach and the company’s willingness to preserve open space and work with the town on traffic and drainage. By contrast, Jean Serrano, a nearby resident, questioned the project’s affordability and said homes starting at the applicant’s stated price point would be unlikely to attract younger working families.

Several residents pressed for more independent studies. Pamela Cook urged the commission to require a formal traffic‑impact analysis, citing blind curves and steep grades on Aspen Drive and warning of overflow parking and impacts to emergency access; she cited section 23‑07 of the zoning ordinance as the provision that requires such analysis for certain rezoning applications. Other residents raised concerns about wildlife in the wash and asked whether the property is subject to restrictions claimed by the Neighborhood Property Owners Association. The applicant said a title review and mapping corrections support the company’s position that the parcel is not part of the NPOA and said an initial environmental assessment did not identify protected habitat.

Before voting, the commission incorporated five stipulations into approval: limit all homes to one story (to protect neighbors’ views), record a non‑developable area for the regulatory floodplain/erosion setback (approximately nine acres), limit the development to 25 lots per the revised plan, require the applicant to work with the Public Works Department on striping, signage and traffic mitigation along Aspen Drive extending to Golden Eagle Boulevard, and require extension of a sidewalk across the town‑owned frontage shown on the plan. Staff said the Public Works stipulation would be broadened to allow multiple mitigation options recommended by the town’s engineering staff.

The rezoning now proceeds to the Town Council with the five stipulations attached; the commission’s approval does not itself authorize construction. The applicant said proceeds from the sale will be reinvested by the school district in buildings and transportation.

Votes at a glance: Motion to approve rezoning from R‑1‑35 to R‑1‑10A to allow 25 single family lots, subject to stipulated conditions — Mover: Commissioner Proctor; Second: Commissioner McDermott; Vote: Proctor Aye, Seavum Aye, Schlossberg Aye, Corrigan Aye, McDermott Aye, Chair Kova Savic Aye (6–0).

Next steps: The rezoning recommendation and stipulations will be forwarded to the Town Council for its consideration; engineering and final‑plat review would follow if council approves the zoning change.