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Council approves rezoning of former school site for 25‑lot Toll Brothers subdivision, 5‑1
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Summary
After a staff presentation and applicant remarks, the council approved rezoning about 20 acres to R‑110A to allow 25 single‑story homes with at least 10 acres of permanent open space; the decision followed public comment and a petition of protest, and passed 5‑1.
The Town Council approved a rezoning request that will allow Toll Brothers to develop a 25‑lot single‑story subdivision on a roughly 20‑acre parcel once owned by the Fountain Hills Unified School District.
Senior Planner Farhad Tavasoli told the council the site contains Ashbrook Wash and approximately nine acres of wash and floodplain that the plan preserves as permanent open space. He said the applicant reduced the original proposal from 29 to 25 homes, removed four northern lots to expand open space and included a single‑story restriction to protect views. Staff also analyzed a protest petition of 123 signatures; although 19 owners inside the 150‑foot buffer represented about 68% of owners, those owners account for about 10.7% of land area in the buffer, so the statutory thresholds to require a three‑quarter vote were not met.
Ashley Marsh, the applicant’s attorney, outlined design changes made after neighborhood outreach: roughly 11–11.5 acres of the parcel would be dedicated open space (about 58% of the site), the homes would be single‑story, sidewalks would be added along Aspen Drive, and a grading/drainage study would be conducted as required for the preplat. Marsh said traffic engineers compared development traffic to the parcel’s previously anticipated school use and concluded the residential development would generate far fewer peak trips than a functioning school.
Supporters included Richard Rakowski, president of the Fountain Hills Unified School District Governing Board (speaking for himself), who argued the sale fulfills the voter‑approved plan to liquidate unused school property and generate funds for district facilities. Opponents raised concerns about traffic and the neighborhood character; Ron Wald, an Aspen Drive resident, said the council needed a clearer traffic analysis and questioned whether lot sizes fit existing neighborhood patterns.
Council debate focused on density, petition thresholds and protections such as a note on the final plat restricting single‑story construction and establishing non‑developable floodplain areas. After discussion a motion to approve the rezone with the recommended stipulations passed 5‑1 on roll call.
