07.Z250035 BOS REPORT.PDF

Maricopa County — Formal (2026-02-11)

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February 11, 2026 
Z250035 
Page 1 of 4 
 
 
 
 
Report to the Board of Supervisors 
Prepared by the Maricopa County Planning and Development Department 
 
Board Hearing Date: 
February 11, 2026 
 
Case #/Title:   
 
 
Z250035 – 99th Ave & Olive Ave Modification of Conditions 
 
Supervisor District: 
4 
 
Applicant/Owner:  
Ashley Z. Marsh and Michelle Santoro, Gammage & Burnham, 
P.L.C./ Lennar Arizona, LLC 
 
Request: 
Modification of Conditions to approval of the R1-6 RUPD zoning 
district 
 
Site Location: 
Generally located at the northeast corner of Olive Ave. and 99th Ave. 
in the Sun City/Peoria area 
 
Site Size: 
Approximately 15.35 acres 
 
County Island Status: 
N/A 
Additional 
Comments: 
The applicant is requesting a limited modification of conditions to 
the previously approved zoning case Z2021003 (Riverwalk). The 
request would modify Condition ‘a’ to reference a revised narrative 
and remove Condition ’g’ which requires the subdivision to be age-
restricted with at least one resident of each household being 55 
years of age or older. No other conditions of approval are proposed 
to be changed. The subject proposal is to remove the age-
restriction for Riverwalk. 
 
Riverwalk was approved in 2021 with R1-6 RUPD and subsequently 
platted into 89 single-family lots. While the site’s zoning was 
approved with a condition requiring age-restriction via deed 
restriction, it is not located within the Senior Citizen Overlay zoning 
district as are adjacent Sun City neighborhood to the north and 
west. The age-restriction condition differs from the standards that 
apply within Sun City and does not prohibit minors from residing in 
the subdivision.  
 
There are no outstanding concerns from reviewing agencies. Staff 
has received two letters of opposition.

February 11, 2026 
Z250035 
Page 2 of 4 
 
 
 
 
 
Commission  
 
Recommendation: 
On January 8, 2026, the Commission voted 9-0 (motion by 
Commissioner Toma D4, seconded by Commissioner Rochwalik 
D3) to adopt a motion recommending the Board of Supervisors 
approve Z250035, subject to conditions ‘a’ – ‘h’:  
 
a. 
Development of the site shall be in substantial conformance with the Narrative Report 
entitled “Riverwalk”, consisting of 25 pages, dated April 23, 2021, and stamped received 
April 23, 2021, except as modified by the following conditions and removing minimum 
age requirements with a revised narrative dated October 28, 2025. 
 
b. 
The following Planning Engineering conditions shall apply: 
 
1. 
No development approval is inferred by this review, including, but not limited to 
number of proposed building lots, drainage design, access and roadway 
alignments. These items will be addressed as development plans progress and 
are submitted to the County for further review and/or entitlement. 
 
2. 
The traffic study is under review at MCDOT. MCDOT comments will be provided to 
the applicant as part of the preliminary plat review (case number S2021007). 
 
3. 
Engineering review of re-zone cases is conceptual in nature. All development and 
engineering design shall be in conformance with Section 1205 of the Maricopa 
County Zoning Ordinance; Drainage Policies and Standards; Floodplain 
Regulations for Maricopa County; MCDOT Roadway Design Manual; and current 
engineering policies, standards and best practices at the time of application for 
construction. 
 
c. 
All buildings subject to noise attenuation as per State law and Maricopa County 
requirements.  
 
d. 
The master developer shall notify future homeowners that they are located within the 
state-defined “territory in the vicinity of a military airport” with the following language: 
 
 
“You are buying a home or property in the ‘vicinity of a military airport’ as described by State 
of Arizona statute ARS §28-8481. Your house should include sound attenuation measures 
as directed by State law. You will be subject to direct over flights and noise by Luke Air Force 
Base jet aircraft in the vicinity. 
 
 
Luke Air Force Base executes over 200,000 flight operations per year, at an average of 
approximately 170 overflights per day. Although Luke's primary flight paths are located 
within 20 miles from the base, jet noise will be apparent throughout the area as aircraft 
transient to and from the Barry M. Goldwater Gunnery Range and other flight training 
areas.

February 11, 2026 
Z250035 
Page 3 of 4 
Luke Air Force Base may launch and recover aircraft in either direction off its runways 
oriented to the southwest and northeast. Noise will be more noticeable during overcast 
sky conditions due to noise reflections off the clouds. 
Luke Air Force Base's normal flying hours extend from 7:00 a.m. until approximately 
midnight, Monday through Friday, but some limited flying will occur outside these hours 
and during most weekends. 
For further information, please check the Luke Air Force Base website or contact the 
Maricopa County Planning and Development Department.” 
Such notification shall be recorded on all Final Plats, be permanently posted on not less 
than a 3 foot by 5 foot sign in front of all home sales offices, be permanently posted on 
the front door of all home sales offices on not less than an 8½ inch by 11 inch sign, and 
be included in all covenants, conditions, and restrictions (CC&Rs) as well as the Public 
Report and conveyance documents. 
e.
Noncompliance with any Maricopa County Regulation shall be grounds for initiating a
revocation of this Zone Change as set forth in the Maricopa County Zoning Ordinance.
f.
The property owner/s and their successors waive claim for diminution in value if the
County takes action to rescind approval due to noncompliance with conditions.
g.
The granting of this change in use of the property has been at the request of the applicant,
with the consent of the landowner.  The granting of this approval allows the property to
enjoy uses in excess of those permitted by the zoning existing on the date of application,
subject to conditions.  In the event of the failure to comply with any condition, the property
shall revert to the zoning that existed on the date of application.  It is, therefore, stipulated
and agreed that either revocation due to the failure to comply with any conditions, does
not reduce any rights that existed on the date of application to use, divide, sell or possess
the property and that there would be no diminution in value of the property from the value
it held on the date of application due to such revocation of the Zone Change.  The Zone
Change enhances the value of the property above its value as of the date the Zone Change
is granted and reverting to the prior zoning results in the same value of the property as if
the Zone Change had never been granted.
h.
The following R1-6 RUPD standards shall apply:
1.
Minimum Lot Area: 3,600 sq. ft.
2.
Minimum Lot Width: 45’
3.
Maximum Lot Coverage: 60%
4.
Minimum Front Yard Setback: 10’
5.
Minimum Street Side Setback: 5’
6.
Minimum Rear Yard Setback: 5’
Presented by: 
Reviewed by: 
Attachment: 
Joel Landis, Planner 
Darren Gérard, AICP, Planning Manager  
1/8/26 P&Z Packet (26 pages) 
1/8/26 P&Z Handout Memo 1 (2 pages) 
1/8/26 P&Z Handout Memo 2 (2 pages) 
1/8/26 P&Z Handout Memo 3 (6 pages)

February 11, 2026 
Z250035 
Page 4 of 4 
 
Note: 
1/8/26 Draft P&Z Minutes are not available as of the writing of this report, but can be provided 
upon request later when available.

Z250035
Page 1 of 7
Report to the Planning and Zoning Commission
Prepared by the Maricopa County Planning and Development Department
Case:
Z250035 - 99th Ave & Olive Ave Modification of Conditions
Hearing Date:
January 8, 2026
Supervisor District:
4
Applicants:
Ashley Z. Marsh and Michelle Santoro, Gammage & Burnham, P.L.C.
Owner:
Lennar Arizona, LLC 
  
Request:
Modification of Conditions to approval of the R1-6 RUPD zoning district
 
Site Location:
Generally located at the northeast corner of Olive Ave. and 99th Ave. in the 
Sun City/Peoria area
 
Site Size:
15.35 acres
Density:
5.88 dwelling units per acre
County Island: 
No
County Plan:
White Tank Grand Avenue Area Plan (WTGAAP) Single Family – 
Transitional Lot
Municipal Plan:
N/A
Municipal Comments:
None received to date 
Support/Opposition:
None known
Recommendation:
Approve with conditions

Z250035
Page 2 of 7
Project Summary:
1.
The applicants are requesting a modification of conditions to an the approved R1-6 RUPD zoning 
district per case number Z2021003 (Riverwalk). Specifically, the request would modify condition 
“a” and remove condition “g” which requires the subdivision be age-restricted with at least one 
resident per household being 55 years or older. No other conditions of approval are proposed to 
be changed. The proposed changes are shown below with new language underlined and bold and 
eliminated language with strikethrough:
a.
Development of the site shall be in substantial conformance with the Narrative Report 
entitled “Riverwalk”, consisting of 25 pages, dated April 23, 2021, and stamped received 
April 23, 2021, except as modified by the following conditions and removing minimum 
age requirements with a revised narrative dated October 28, 2025.
g.
Concurrent with recordation of subdivision plat/s deed restriction shall be recorded 
establish all lots as age restricted so at least one household resident shall be 55+
2.
The subdivision, known as Riverwalk, was originally approved in July 2021with R1-6 RUPD zoning 
and proposed 89 single-family lots that are actively being permitted after the site was platted 
under MCR-20240138054. The site is located at the southeastern edge of the Sun City area but 
is not within the Senior Citizen (SC) overlay zoning district. While the Maricopa County Zoning 
Ordinance establishes a 55+ occupancy requirement for properties within the SC, those 
regulations do not apply to this site and thus remain unchanged about Sun City or any other areas 
within SC overlay zoning districts.
3.
The site is not within an SC, but was approved with an age-restriction to align more closely with 
the adjacent Sun City neighborhoods located to the north and west across 99th Ave. Removal of 
the age restriction would not affect the age-restricted status of any neighborhoods in Sun City 
subject to an SC. Prior to 2023 and update of the White Tank Grand Avenue Area Plan, the site 
was designated as “Retirement Community.” That designation was removed as part of the plan 
update, and the site is now designated as “Single Family – Transitional Lot.” No changes are 
proposed to the previously approved site plan or subdivision plat.

Z250035
Page 3 of 7
Aerial photo of subject site, oriented north
Aerial image & surrounding environs

Z250035
Page 4 of 7
Eagle view of subject site (oriented west, aerial image dated 10/18/20)
Existing On-Site and Adjacent Zoning / Land Use:
4.
On-site:
R1-6 RUPD/ Proposed Subdivision
North:
R-4 SC / Apartment Complex 
South:
Olive Ave then Peoria / New River Wash
East:
New River wash then Peoria / Residential Subdivision
West:
99th Ave then R1-6 SC / Residential Subdivision
Zoning District map.

Z250035
Page 5 of 7
Utilities and Services:
5.
Water:
EPCOR
Wastewater:
EPCOR
Fire:
Sun City Fire District
Police: 
MCSO 
Right-of-Way:
6.
The following table includes existing and proposed half-width right-of-way and the future 
classification based upon the Maricopa County Department of Transportation (MCDOT) Major 
Streets and Routes Plan.  
Street Name
Half-width Existing R/W
Half-width Proposed R/W
Future Classification
Olive Ave
65’
N/A
Principle Arterial
99th Ave
55’
N/A
Principle Arterial
Adopted Plan:
7.
White Tank Grand Avenue Area Plan (adopted December 6, 2023): Single Family Transitional Lot 
(3-5 du/ac)
Public Participation Summary:
8.
The applicant completed the requirements for on-site posting notifications and initial notification 
of all property owners within 300-feet of the site and area stakeholders. Staff received one letter 
of opposition. 
Outstanding Concerns from Reviewing Agencies:
9.
N/A
Staff Analysis:
10.
Staff supports the requested modification of conditions. While the original zone change 
anticipated that the subdivision would remain age-restricted, the change to remove the age 
restriction is reasonable due to the site’s location on the periphery of but physically separated 
from Sun City. Nearby residential development south of Olive Ave. is not age-restricted. Approval 
of this request would not set a precedent that would undermine the integrity of the SC overlays in 
Sun City.
11.
Staff also notes that the original wording of condition “g” differs from that of the SC overlay zoning 
district outlined in the county’s zoning ordinance and from the typical Sun City age-restriction 
standards. It only requires that one household member be 55 years or older and does not restrict 
the presence of minors. As with the original zone change request, staff did not receive any formal 
comments from stakeholder groups such as the Sun City Home Owners Association (SCHOA), 
which was notified via email at the time of application.

Z250035
Page 6 of 7
Recommendation:
12.
Staff recommends the Commission adopt a motion recommending that the Board of Supervisors 
approve Z250035 subject to modified condition ‘a’, elimination of condition ‘g’ with relabeling the 
following conditions ‘a’ – ‘h’:
a.
Development of the site shall be in substantial conformance with the Narrative Report 
entitled “Riverwalk”, consisting of 25 pages, dated April 23, 2021, and stamped received 
April 23, 2021, except as modified by the following conditions and removing minimum 
age requirements with a revised narrative dated October 28, 2025.
b.
The following Planning Engineering conditions shall apply:
1.
No development approval is inferred by this review, including, but not limited to 
number of proposed building lots, drainage design, access and roadway 
alignments. These items will be addressed as development plans progress and 
are submitted to the County for further review and/or entitlement.
2.
The traffic study is under review at MCDOT. MCDOT comments will be provided to 
the applicant as part of the preliminary plat review (case number S2021007).
3.
Engineering review of re-zone cases is conceptual in nature. All development and 
engineering design shall be in conformance with Section 1205 of the Maricopa 
County Zoning Ordinance; Drainage Policies and Standards; Floodplain 
Regulations for Maricopa County; MCDOT Roadway Design Manual; and current 
engineering policies, standards and best practices at the time of application for 
construction.
c.
All buildings subject to noise attenuation as per State law and Maricopa County 
requirements. 
d.
The master developer shall notify future homeowners that they are located within the 
state-defined “territory in the vicinity of a military airport” with the following language:
“You are buying a home or property in the ‘vicinity of a military airport’ as described by 
State of Arizona statute ARS §28-8481. Your house should include sound attenuation 
measures as directed by State law. You will be subject to direct over flights and noise by 
Luke Air Force Base jet aircraft in the vicinity.
Luke Air Force Base executes over 200,000 flight operations per year, at an average of 
approximately 170 overflights per day. Although Luke's primary flight paths are located 
within 20 miles from the base, jet noise will be apparent throughout the area as aircraft 
transient to and from the Barry M. Goldwater Gunnery Range and other flight training 
areas.
Luke Air Force Base may launch and recover aircraft in either direction off its runways 
oriented to the southwest and northeast. Noise will be more noticeable during overcast 
sky conditions due to noise reflections off the clouds.

Z250035
Page 7 of 7
Luke Air Force Base's normal flying hours extend from 7:00 a.m. until approximately 
midnight, Monday through Friday, but some limited flying will occur outside these hours 
and during most weekends.
For further information, please check the Luke Air Force Base website or contact the 
Maricopa County Planning and Development Department.”
Such notification shall be recorded on all Final Plats, be permanently posted on not less 
than a 3 foot by 5 foot sign in front of all home sales offices, be permanently posted on 
the front door of all home sales offices on not less than an 8½ inch by 11 inch sign, and 
be included in all covenants, conditions, and restrictions (CC&Rs) as well as the Public 
Report and conveyance documents.
e.
Noncompliance with any Maricopa County Regulation shall be grounds for initiating a 
revocation of this Zone Change as set forth in the Maricopa County Zoning Ordinance. 
f.
The property owner/s and their successors waive claim for diminution in value if the 
County takes action to rescind approval due to noncompliance with conditions. 
g.
The granting of this change in use of the property has been at the request of the applicant, 
with the consent of the landowner.  The granting of this approval allows the property to 
enjoy uses in excess of those permitted by the zoning existing on the date of application, 
subject to conditions.  In the event of the failure to comply with any condition, the property 
shall revert to the zoning that existed on the date of application.  It is, therefore, stipulated 
and agreed that either revocation due to the failure to comply with any conditions, does 
not reduce any rights that existed on the date of application to use, divide, sell or possess 
the property and that there would be no diminution in value of the property from the value 
it held on the date of application due to such revocation of the Zone Change.  The Zone 
Change enhances the value of the property above its value as of the date the Zone Change 
is granted and reverting to the prior zoning results in the same value of the property as if 
the Zone Change had never been granted.
h.
The following R1-6 RUPD standards shall apply: 
1.
Minimum Lot Area: 3,600 sq. ft.
2.
Minimum Lot Width: 45’
3.
Maximum Lot Coverage: 60%
4.
Minimum Front Yard Setback: 10’
5.
Minimum Street Side Setback: 5’
6.
Minimum Rear Yard Setback: 5’
Presented by:
Joel Landis, Planner
Reviewed by:
Rachel Applegate, Planning Supervisor
Attachments:
Case Map (1 page)
Application (1 page)
Narrative Report (16 pages)
MC Engineering Comments (1 page)

/
Maricopa County Planning & Development - Phoenix, AZ
4
Gross Acres: 1 approx.
Generated December 16, 2025 8:39 AM
Z250035
Application Name:
Legal Description
Riverwalk
Applicant
Case Address
Ryan Garofalo
9095 N 98TH DR
Applicant Phone/Email
Parcel Primary:142-62-976
(602) 256-4474
zoning@gblaw.com
PEORIA, AZ 85345
Map scale 1:933
Supervisor District No.
In order to provide wider community home ownership opportunities, Lennar is requesting to remove
Condition #G to allow the sale of these single-story only, single-family homes to more diverse community

Planning & Development Department
301 W. Jefferson St., Suite 170 Phoenix, Arizona 85003
P: 602.506.3301
Zone Change Modification of Condition(s) Application 
Packet 12/2/24 
ZONE CHANGE MODIFICATION OF CONDITION(S) 
PROPERTY OWNER AUTHORIZATION APPLICATION
ALL FEES ARE DUE AT TIME OF APPLICATION AND ARE NON-REFUNDABLE.
REQUEST
Project Name
Description of Request:
Existing Use of Property:
Existing Zoning District:
Requested number of conditions to be modified: 
Related Case Numbers: (List V# if site is subject to code violation)
PROPERTY INFORMATION
Address (if known):
General Location (include nearest city/town):
Size in Acres:
Square Feet:
Legal Description
Section:
Township:
Range:
Assessor’s Parcel Number(s):
Subdivision Name (if applicable):
OWNER’S AUTHORIZED AGENT INFORMATION
Name:
Contact:
Address:
City:
State:
Zip:
Phone #:
Fax #:
Email:
PROPERTY OWNER INFORMATION
Name:
Contact:
Address:
City:
State:
Zip:
Phone #:
Fax #:
Email:
PROPERTY OWNER AND OWNER’S AGENT AUTHORIZATION 
I (property owner)
authorize (owner’s agent)
to file this application on all matters relating to this request with Maricopa County. By signing this form as the property 
owner I hereby agree to abide by any and all conditions that may be assigned by the Maricopa County Board of Supervisors, 
Maricopa County Planning and Zoning Commission, or Maricopa County Planning and Development Department staff as 
applicable, as part of any approval of this request, including conditions, development agreements, and/or any other 
requirement that may encumber or otherwise affect the use of my property.
PROPOSITION 207 WAIVER – SIGNATURE REQUIRED
The property owner acknowledges that the approval being sought by this application may cause a reduction in the existing 
rights to use, divide, sell or possess the private property that is the subject of this application. The property owner further 
acknowledges that it is the property owner who has requested the action sought by the filing of this application. Therefore, 
with full knowledge of all rights granted to the property owner pursuant to A.R.S.§12-1132 through 1138, the property owner 
does hereby waive any and all claims for diminution in value of the property with regard to any action taken by Maricopa 
County as result of the filing of this application.
Property Owner Signature:
Date: 
VERIFICATION OF APPLICATION INFORMATION – SIGNATURE REQUIRED
I certify that the statements in this application and support material are true. Any approvals or permits granted by Maricopa County in 
reliance upon the truthfulness of these statements may be revoked or rescinded.
Owner or Authorized Agent Signature:
Date: 
CASE INACTIVITY  
Cases which are not active within six (6) months will be considered inactive and closed by staff. A letter addressing the 
inactivity will be sent to the owner’s authorized agent or property owner with notification of the case to be closed within thirty 
(30) days. To pursue entitlement after the closing of the case, a new application and associated fees will need to be filed.
Riverwalk
Stipulation modification to remove age requirement for residents. 
Vacant
R1-6 RUPD
1
NEC of 99th Ave and Olive Ave
15.3
29
3N
1E
142-62-919... etc (Already Platted with numerous parcel numbers)
Riverwalk
LENNAR ARIZONA LLC 
1665 W Alameda Dr Ste 130 
Tempe 
AZ
850282 
Gammage & Burnham 
40 N Central Ave 20th Floor
Phoenix
AZ
85004
602-256-0566 
Ashley Z. Marsh / Michelle Santoro
msantoro@gblaw.com
Matthew Werner
matthew.werner@lennar.com
LENNAR ARIZONA LLC
Gammage & Burnham
702-768-6512
10/27/2025
10/27/2025

99th Ave & Olive Ave  
Modification of Conditions Narrative 
Case No. xxxxxx 
 
Submitted: October 28, 2025 
Prepared by:  
Gammage & Burnham, P.L.C.  
Ashley Z. Marsh / Michelle Santoro 
Phoenix, Arizona 85004  
602.256.0566 | amarsh@gblaw.com / msantoro@gblaw.com

Narrative – Modification of Stipulations 99th Ave & Olive Ave 
 
10/28/2025 
List of Exhibits                                                                                                 . 
 
1. 
Senior Citizen Overlay - Permit Z84-65  
2. 
Senior Citizen Overlay - Permit Z84-65 (Enlarged) 
3. 
2023 White Tank Grand Avenue Area Plan Land Use Map 
4. 
Zoning Map

Narrative – Modification of Stipulations 99th Ave & Olive Ave 
 
10/28/2025 
I. 
INTRODUCTION 
 
Lennar Arizona, LLC (“Lennar”) is the owner of the approximate 15.35 gross acres of 
property generally located at the northeast corner of the 99th Avenue Olive Avenue in 
unincorporated Maricopa County (“Property”). The Property is currently platted for a 
single-family, detached residential subdivision, known as Riverwalk, and zoned R1-6 
Single-Family Residential with a Residential Unit Planned Development overlay (“R1-6 
RUPD”).  
 
II. 
PURPOSE OF REQUEST 
 
In 2021, the Property was rezoned to R1-6 RUPD by Case# Z2021003 and the Final Plat 
was recorded in 2024 (Doc#20240138054) for a single-family gated subdivision. As part of 
the Stipulations, #A - #I, approved with case Z2021003, Condition #G states, “Concurrent 
with recordation of subdivision plats deed restriction shall be recorded establish all lots as 
age restricted so at least one household resident shall be 55+”. This condition was included 
in the approval as this site was located within the White Tank/Grand Avenue Area plan and 
was designated as a retirement community. Though the Final Plat was recorded, the 
required deed restriction was not listed on the Final Plat, nor recorded by separate document. 
 
The Property is separated from an existing single family development 55+ community by 
99th Ave, and only directly abuts the southern boundary of an existing 55+ multifamily 
developments (Brookhollow Apartments and Sun Wood Apartments). The remainder of the 
Property is adjacent to Olive Ave and the New River wash and trail system.  
 
In order to provide wider community home ownership opportunities, Lennar is requesting to 
remove Condition #G to allow the sale of these single-story only, single-family homes to 
more diverse community of future homeowners.

Narrative – Modification of Stipulations 99th Ave & Olive Ave 
 
10/28/2025 
 
All other aspects of the original project narrative, including design standards and single story 
only, will remain.  The original project rezoned the property from commercial and multifamily 
uses to the modified R1-6 standards to reduce lot size, a common response to market 
demands for smaller, low maintenance yards.  To balance the smaller lots, the design 
provided a large centralized open space and multiple amenity areas with pedestrian 
connectivity.  These original amenities included a pool, ramada, barbeque area, 2 pickleball 
courts, dog park, and large turf open areas.  Consistent with the quality Lennar is known for, 
with the purchase of the Property, Lennar has added the following amenities to the 
neighborhood to significantly enhance this small, single-family residential neighborhood:    
 
- 
Swim lanes to the pool 
- 
Spa 
- 
Lounging areas with umbrellas 
- 
Fire Pit with café lights 
- 
BBQ with Trellis 
- 
Multi-use Covered turf area 
- 
A 3rd pickleball court 
- 
Tables and seating 
 
This robust amenity package was crafted to significantly elevate the lifestyle of this relatively 
small community of 89 single-story only homes in the ~1200sf - ~1500sf range.   
 
This application requests the modification of Condition #A and #G as follows:  
Condition #A: Development of the site shall be in substantial conformance with the 
Narrative Report entitled “Riverwalk”, consisting of 25 pages, dated April 23, 2021, 
and stamped received April 23, 2021, except as modified by the following 
conditions and removing minimum age requirements. 
Condition #G: “Concurrent with recordation of subdivision plat/s deed restriction 
shall be recorded establish all lots as age restricted so at least one household 
resident shall be 55+”  
The remaining conditions will all remain intact.  
III. DESCRIPTION OF PROPOSAL 
Site Plan. The site plan for Riverwalk was approved in 2021 and the final plat recorded in 
2023 for a total of 89 Lots on 15.3 gross acres.

Narrative – Modification of Stipulations 99th Ave & Olive Ave 
 
10/28/2025

Narrative – Modification of Stipulations 99th Ave & Olive Ave 
 
10/28/2025 
Development Standards. The development standards provided below reflect the 
standards approved by Case# Z2021003. 
 
Development Standards 
R1-6 RUPD 
Lot Area (min.) 
3,600 sq. ft 
Lot Area per 
Dwelling Unit (min.) 
6,000 sq. ft. 
Lot Width (min.) 
45 FT 
Lot Coverage (max.) 
60% 
Building Height (max.) 
30-feet 
Yard Regulations (min.) 
Front – 10FT  
Perimeter Side – 5 FT  
Street Side – 5 FT  
Rear– 5 FT 
Access, Circulation. The project is gated with public access from 99th Ave at the W Caron 
Drive alignment, and has secondary emergency access to Olive approximately 330’ east 
of 99th Ave. The interior streets of the Riverwalk subdivision will be private.  
 
Long Range Planning:  
 
As per comments from City staff at the Pre-
Application Meeting (PA250159 9/23/25),  
 
“The site is not part of the Senior Citizen 
Overlay it is not required by the zoning 
ordinance to be an age restricted 
community.” 
 
The Maricopa County Plan Net Zoning Map shows 
the Senior Citizen Overlay put in place by Permit 
Z84-65 (Approved in 1984) covering a large swath 
of land from Olive Ave north to Beardsley Rd and 
generally between 91st Ave and 111th Ave, however, 
it does not cover the Property. (See Exhibit A & B)   
 
Exhibit B

Narrative – Modification of Stipulations 99th Ave & Olive Ave 
 
10/28/2025 
The Property falls within the boundaries 
of the 2023 White Tank Grand Avenue 
Area Plan (the “Area Plan”) (See Exhibit 
C). The previous version of the Area Plan 
from 2000 designated the Property as 
“Retirement Community”. The 2023 
update to the Area Plan removed the 
“Retirement Community” land use 
category altogether and now designates 
the future land use for the Property as 
‘Single Family – Traditional Lot’ with no 
Senior Citizen or Retirement Community 
overlay.  
 
The property is separated from existing 
single-family 55+ community by 99th Ave, 
and only directly abuts the southern 
boundary of existing 55+ multifamily 
developments (Brookhollow Apartments and Sun Wood Apartments) to the north, both of 
which also do not fall within the Senior Citizen Overlay (Z84-65). 
 
Given these updates to the Area Plan and changes in buyer preferences and other 
market conditions, Lennar believes removing the age requirement stipulation to allow 
traditional housing to serve a more diverse community of homeowners would be 
appropriate for this project. 
 
IV. 
RELATIONSHIP TO SURROUNDING PROPERTIES 
The Overall Property is bound to the south by Olive Ave and the west by 99th Ave. The land 
to the east is vacant including the New River Trail Multi Use Path and wash and a Peoria 
Fire Station across the canal. To the south across Olive Ave is vacant land in City of Peoria 
jurisdiction also including the New River Trail Multi Use Path and wash. To the north are 
two multi-family developments, Brookhollow Apartments and Sun Wood Apartments. To 
the west, across 99th Ave is an R1-6 zoned single family development / Sun City Unit 8, 
and a C-2 Commercial Corner with a local pizzeria restaurant. (See Exhibit D Zoning 
Map) 
 
Direction 
Zoning 
North 
R-4 Multifamily (Maricopa) 
 South 
Olive Ave & City of Peoria Vacant Land Zoned C-2 Commercial 
East 
RU-43 / Canal (Maricopa) 
West 
99th Ave then R1-6 / Sun City Unit 8 & C-2 Commercial Corner (Maricopa)

Narrative – Modification of Stipulations 99th Ave & Olive Ave 
 
10/28/2025 
V. 
DEVELOPMENT SCHEDULE  
The subdivision is currently under land development and no phasing is proposed. 
 
VI. 
COMMUNITY FACILITIES AND SERVICES 
Community Facilities in the area include: 
• Peoria Fire Department Station 194: 500 ft. 
• Maranatha Baptist Church: 0.5 Miles 
• Mountain View Recreation Center: 0.8 Miles 
• Sun Bowl Amphitheatre: 1 Mile 
• Sun City Softball Complex: 1 Mile 
• Sun Valley Elementary School: 0.4 Miles 
• Country Meadows Elementary School: 1.2 Miles 
VII. 
PUBLIC UTILITIES / SERVICES 
Water: 
EPCOR 
Wastewater: 
EPCOR 
Police Protection: 
Maricopa County Sheriff’s Office 
Fire Protection: 
Sun City Fire District 
Electric: 
APS 
Telephone: 
FisionX/Cox 
Gas: 
Southwest Gas 
Refuse: 
Waste Management 
 
VIII. CONCLUSION 
 
This request for a modification of the stipulation that requires a minimum age for a single 
resident per lot in the Riverwalk community reflects a change in market conditions in the 
area as well as updates the Project to better align with the updated 2023 Area Plan, 
which discarded “Retirement Community” as a land use designation. This request will 
allow Lennar to bring more housing to the market, and additional opportunities to a more 
diverse  group of individuals and future homeowners.

Narrative – Modification of Stipulations 99th Ave & Olive Ave 
 
10/28/2025 
 
 
 
 
 
 
 
Exhibit A 
2023 White Tank Grand  
Avenue Area Plan

Narrative – Modification of Stipulations 99th Ave & Olive Ave 
 
10/28/2025 
2023 White Tank Grand Avenue Area 
Plan Land Use Map

Narrative – Modification of Stipulations 99th Ave & Olive Ave 
 
10/28/2025 
 
 
 
 
 
 
 
Exhibit B 
 
 
 
Senior Citizen Overlay
Permit Z84-65

Narrative – Modification of Stipulations 99th Ave & Olive Ave 
 
10/28/2025 
Senior Citizen Overlay Permit Z84-65 
(Approved in 1984) 
 
 
 
 
 
 
 
Olive Ave 
Beardsley Rd

Narrative – Modification of Stipulations 99th Ave & Olive Ave 
 
10/28/2025 
 
 
 
 
 
 
 
 
 
Exhibit C 
Senior Citizen Overlay 
Permit Z84-65 (Enlarged)

Narrative – Modification of Stipulations 99th Ave & Olive Ave 
 
10/28/2025 
Senior Citizen Overlay Permit Z84-65  
(Enlarged) 
(Approved in 1984)

Narrative – Modification of Stipulations 99th Ave & Olive Ave 
 
10/28/2025 
 
 
 
 
 
 
 
 
 
Exhibit D
Zoning Map

Narrative – Modification of Stipulations 99th Ave & Olive Ave 
 
10/28/2025 
Zoning Map 
(Peoria & Maricopa Jurisdiction)

Anh Harambasic, PE 
Planning & Development 
301 W. Jefferson St., Suite 170 
Phoenix, Arizona 85003 
Phone: (602) 506-3611 
www.maricopa.gov/planning 
email address: 
Anh.Harambasic@maricopa.gov 
  
Planning & Development 
 
Engineering Plan Review 
 
 
Date:    
December 1, 2025 
 
Memo To: Darren Gerard, AICP, Planning Manager, Department of Planning & 
Development 
 
Attn: 
Joel Landis, Planner, Planning & Development Services 
 
via: 
Doug Jones P.E., Engineering Supervisor, Planning and Development 
 
From: 
Anh Harambasic P.E., Plans Examiner Engineer, Planning & 
Development 
 
Subject:   
Z250035 
APN(s): 
142-62-976 NEC 99th Ave and Olive Ave.  Riverwalk subdivision  
Description-Application request to modify the conditions of approval from zoning case 
Z2021003 to remove stipulation G:  “Concurrent with the recordation of the subdivision 
plat(s) deed restriction shall be recorded establishing all lots as age restricted so that 
at least one household resident shall be 55+”.   
Engineering Review has reviewed the first plan set routed for review, for the subject 
application on 11.5.2025 and has no objections to the zoning case modification 
request subject to  the following conditions: 
 
The following general stipulations will apply: 
GENERAL DRAINAGE REVIEW/INFORMATION 
1. The requested stipulation modification shall not impact the originally approved 
grading and drainage plans.   
 
 
 
 
 
Please contact me with any questions.

DATE:
January 8, 2026
TO:
Planning & Zoning Commission  
From:
Joel Landis, Planner  
SUBJECT:
 Z250035 – 99th Ave & Olive Ave Modification of Conditions
Agenda Item: #6
Staff has updated the case map for this item as it was not representative of the full 
site. An updated case map has been attached to this memo.
Attachments:
Updated Case Map (1  page)

/
Maricopa County Planning & Development - Phoenix, AZ
4
Gross Acres: 15 approx.
Generated January 6, 2026 9:31 AM
Z250035
Application Name:
Legal Description
Riverwalk
Applicant
Case Address
Ryan Garofalo
9095 N 98TH DR
Applicant Phone/Email
Parcel Primary:142-62-976
(602) 256-4474
PEORIA, AZ 85345
Map scale 1:2,620
Supervisor District No.
In order to provide wider community home ownership opportunities, Lennar is requesting to remove
Condition #G to allow the sale of these single-story only, single-family homes to more diverse community

DATE:
January 8, 2026
TO:
Planning & Zoning Commission  
From:
Joel Landis, Planner  
SUBJECT:
 Z250035 – 99th Ave & Olive Ave Modification of Conditions
Agenda Item: #6
Staff has received an item of oppsoition to this case from a neighboring property 
owner. This necessitates this item being placed on the regular agenda. This is the 
only item of support or opposition received thus far.
Attachments:
Opposition (1  page)

DATE:
January 8, 2026
TO:
Planning & Zoning Commission  
From:
Joel Landis, Planner  
SUBJECT:
 Z250035 – 99th Ave & Olive Ave Modification of Conditions
Agenda Item: #6
Staff has received an addiitional item of oppsoition to this case from a neighboring 
resident. This is the second item of opposition received thus far.
Attachments:
Opposition (5  pages)

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FW: Maricopa County Planning and Zoning Commission - January 8, 2026 Confirmation
From Rachel Applegate (PND) <Rachel.Applegate@Maricopa.Gov>
Date Thu 1/8/2026 6:42 AM
To
Joel Landis (PND) <Joel.Landis@maricopa.gov>
From: Brook Hollow Apartments <brookhollowaptsaz@gmail.com>
Sent: Wednesday, January 7, 2026 6:11 PM
To: Rachel Applegate (PND) <Rachel.Applegate@Maricopa.Gov>
Subject: Re: Maricopa County Planning and Zoning Commission - January 8, 2026 Confirmation
Agenda item #6 case Z250035 Caroline Campos brookhollowaptsaz@ gmail. com 623-933-9227 I manage and live at Brook Hollow Apartments, the apartment building adjacent to the new Lennar project at 99th & Olive. I am in opposition to the proposed
ZjQcmQRYFpfptBannerStart
ZjQcmQRYFpfptBannerEnd
Agenda item #6
case Z250035
Caroline Campos 
623-933-9227
I manage and live at Brook Hollow Apartments, the apartment building adjacent to the new
Lennar project at 99th & Olive. I am in opposition to the proposed age restriction status
change.
This is and has been a 55+/ 19 community for years and I believe it should continue to remain
as such. There are 2 specific road signs stating "Welcome To The Original Sun City", one just
East of the project on Olive as you're heading West, and 1 directly in front of the
current construction on 99th. as you're heading North.

Thank you,
 
Carrie Campos
Property Manager
 
 
Brook Hollow Apartments
9231 North 99th Avenue
Peoria, AZ 85345
623-933-9227
Brook Hollow Apartments
 
 
On Wed, Jan 7, 2026 at 5:35 PM David V. Anderson <customercare@gotowebinar.com> wrote:
Maricopa County Planning and Zoning
Commission - January 8, 2026
Thu, Jan 8, 2026 9:30 AM - 12:30 PM MST
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