The Fountain Hills Planning and Zoning Commission unanimously denied a special use permit request on Nov. 10 to allow 11 residential units on 11 noncontiguous parcels in Plat 106, rejecting the applicant’s request in light of unresolved property control and homeowner-association concerns.

Planner Farhad described the third iteration of the applicant’s proposal and said the applicant had met with community members and revised the plan to add a mixed-use building and attached townhome units. Applicant Wilson Ijim explained he controls a subset of parcels and is negotiating for others and asked the commission either to approve only the parcels he owns or grant an extension to finalize negotiations.

Commissioners and members of the public raised practical concerns: whether the applicant had control of the parcels he depicted on consolidated plan sheets; how parking and alley circulation would function adjacent to existing commercial uses (including drive-through traffic); and how assessments and common-area maintenance would be managed if units are sold. Barry McBride, representing Plat 106 residents, asked whether cottages would be leased or sold and whether a homeowners association would be formed to ensure maintenance funding.

The applicant said his legal counsel advised that parcels would remain individually assessed and dues collected per lot, arguing assessments would continue post-sale, but commissioners remained concerned that the proposal relied on lots not under the applicant’s control and that POA/HOA responsibilities were not resolved.

Commissioner Seville moved to deny the special use permit; the motion was seconded and passed on a 6-0 roll-call vote. The denial means the applicant may return with a revised, more-consolidated proposal or after securing control and clearer HOA/POA arrangements.