By Bob Burns | Fountain Hills Times
Fountain Hills’ Planning and Zoning Commission sent a recommendation on a downtown overlay zoning to the town council with 6-0 vote.
Before voting on the recommendation, the commission moved to remove a controversial provision that would have restricted some types of office locations within the proposed Avenue District along the north side of Avenue of the Fountains. The proposed ordinance would allow a wide variety of businesses on the first floor within 50 feet of the street, including restaurants, retail shops, entertainment venues and services such as banks or salons.
However, as presented, the proposal would restrict new business offices such as real estate, insurance, attorneys and similar businesses on the first floor. Those currently there could stay but new business would need to look elsewhere.
The objective of the restriction was to provide for a dynamic, vibrant downtown with longer operating hours. However, the proposal was not well received by current business and property owners along the Avenue of the Fountains.
Commissioner Phil Sveum expressed his opposition to the restriction. “I have a more market driven philosophy,” Sveum said. “At this time, I don’t think it’s right. I don’t believe in the restriction for the first floor spaces. I don’t believe anything will change my mind.”
Dori Wittrig owns a real estate business and provided the commission with her perspective. “I own two buildings on the Avenue …. and I bought them as office property,” Wittrig said. “This restriction gives no thought to the electrical and plumbing upgrades required for a restaurant. It is not an investment that can be made in these older buildings.
“The failure rate for small businesses is disheartening; you have taken steps to put more people in the downtown; let that work.”
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Related: Fountain Hills Discusses Revisiting Sign Regs (Feb. 20, 2025)