DMP2021001 Z2021050 BOS REPORT_PART2.PDF
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Page 9
White Tank Foothills: Project Narrative
5. Suitability Analysis
This amendment to Phase 3 of the White Tank Foothills DMP will benefit and improve the region.
Continued development in the area and a high demand housing market supports the development
of the site. The development of the Site promotes the success of the overall White Tank Foothills
development. Current market conditions require quality communities with a variety of product
types. The proposed site plan is conducive to these conditions and will provide buyers with
diverse lot size and floor plan options. Market conditions have changed since the Site was
zoned in 2003, and this amendment is necessary to implement a well-planned community that
contributes to the overall success of the region. It is unlikely that the proposed development
will have any negative impacts on the Site or surrounding area.
The Site continues to meet the intent of the County’s Comprehensive Plan as it did when it was
rezoned in 2003 and amended in 2014. The proposed amendment will not negatively impact
compliance with the Plan.
6. Conclusion
We believe that the White Tank Foothills Phase 3 project will be cohesive with the existing
features and lifestyles found at the White Tank Foothills community and meet or exceed the
expectations summarized in the White Tank and Grand Avenue Area Plan’s vision while meeting
current homebuyer needs.
White Tank Foothills
White Tank Foothills
Project Narrative
Zoning Case Number Z2021050
RUPD Zone Change with Overlay
Submitted to:
Maricopa County
Planning and Development Department
301 West Jefferson Street
Phoenix, AZ 85003
5th Submittal
May 10, 2022
Page 2
White Tank Foothills: Project Narrative
Project Team
Overall Site Data
Client:
Phil DeAngelis
Northern Citrus, LLP
6201 E. Quartz Mountain Rd.
Paradise Valley, AZ 85253
pdangelis@craltd.com
Planner/ Landscape Architect:
Andy Baron
310 East Rio Salado Parkway
Tempe, Arizona 85281
P: 480) 530-0077
andy.baron@ablastudio.com
Legal:
Ed Bull
1850 North Central Avenue,
Suite 1700
Phoenix, Arizona 85004
P: (602) 274-7611
ebull@bcattorneys.com
Rezone Site Data
Project Location:
Northwest corner of Northern Avenue and Citrus Road
Request:
Rezoning
General Plan Designation:
Large Lot Residential (1-2)
Existing Zoning:
R1-6 RUPD PAD, R1-7 RUPD PAD, R1-8 RUPD PAD, R1-18 RUPD PAD, RU-43 PAD
Proposed Zoning:
R1-6 RUPD, R1-7 RUPD, R1-8 RUPD, R1-10 RUPD
Existing Use:
Single-Family Residential and Undeveloped Land
Proposed Use:
No Change
Gross Area:
640.63 ac.
Maximum Proposed Dwelling Units: 1,621 Dwelling Units
Maximum Proposed Density:
2.53 D.U./ ac.
Approximate Open Space:
103 ac.
Project Location:
Northwest corner of Northern Avenue and Citrus Road
Request:
Rezoning
General Plan Designation:
Large Lot Residential (1-2)
Existing Zoning:
R1-6 RUPD, R1-7 RUPD, R1-8 RUPD, R1-18 RUPD, and RU-43 PAD
Proposed Zoning:
R1-6 RUPD, R1-7 RUPD, R1-8 RUPD, R1-10 RUPD
Existing Use:
Agricultural Land
Proposed Use:
Single Family Residential
Phase 3 Boundary:
245.18 ac.
Gross Area:
232.28 ac.
Net Area:
222.92 ac.
Maximum Proposed Dwelling Units: 645 Dwelling Units
Maximum Proposed Density:
2.63 D.U./ ac.
Approximate Open Space:
50.70 ac.
PROJECT
SITE
W GLENDALE AVENUE
W NORTHERN AVENUE
W OLIVE AVENUE
W PEORIA AVENUE
N CITRUS RD
N COTTON LN
AZ STATE ROUTE 303
N PERRYVILLE ROAD
Page 3
White Tank Foothills: Project Narrative
1. Executive Summary
The White Tank Foothills master-planned community ("White Tank Foothills") is approximately
640 acres located in Maricopa County ("the County").
This application from Northern Citrus, LLP is requesting an amendment to the zoning of White
Tank Foothills. The amendment focuses on existing Phase 3 (Parcels 3.11, 3.12, 3.13, and 3.14). The
amendment will rezone 232.28 gross acres (222.92 net acres) from R1-6 RUPD PAD, R1-7 RUPD
PAD, R1-8 RUPD PAD, R1-18 RUPD PAD, and RU-43 PAD to R1-6 RUPD PAD, R1-7 RUPD PAD, R1-8
RUPD and R1-10 RUPD PAD, to allow a single-family community located at the northwest corner
of Citrus Road and Northern Avenue in White Tank Foothills Phase 3. The rezoning of Phase
3 will be exclusive of the City of Surprise lift station, EPCOR well site, or White Tank Foothills
HOA property ("the Site"). The Site is proposing 645 dwelling units (2.63 du/ac) within Phase 3,
which will increase the overall number of lots within White Tank Foothills to 1,621 with an overall
density of 2.53 du/ac. The current entitlements are 1,381 lots for an overall density of 2.16 du/ac.
In addition to the proposed changes the amount of open space in Phase 3 has also increased
from approximately 45 acres to 50+ acres. The proposed zoning districts will create additional
housing options in the area and will transition densities between Phases 1 and 2 to the north
and the adjacent properties south of Northern Avenue. The requested RUPD/PAD amendment
will be accompanied by a DMP amendment application, which will be submitted and processed
concurrently.
Considerable changes have been made to the proposed development plans in response to
community feedback. Those changes include:
•
Modifying the previously approved road network to provide a new road (Harmont Drive) through
Phase 3 from White Tank Mountain Boulevard to Citrus Road.
•
Increasing the lot size of certain parcels in Phase 3 to be more compatible with the Phase 1 lots
that are immediately adjacent to Phase 3:
•
Parcel 3.11 – from 55-foot and 75-foot wide lots to 75- and 90-foot wide lots;
•
Parcel 3.17 – from 55-foot wide lots to 65-foot wide lots; and
•
Parcel 3.19 –from 45-foot wide lots to 65-foot wide lots.
•
Despite no specific building height restrictions under the current entitlements, agreeing to limit
certain lots adjacent to Phase 1 to single-story/24 feet only.
•
Despite no restriction on RV garages, agreeing that if RV garages are constructed, they must
be architecturally integrated into the design of the home and be of no greater height than the
home itself.
Page 4
White Tank Foothills: Project Narrative
Approval of this zoning request and amendment to the RUPD development standards will allow
the Site to continue to be developed as a high-quality residential community, which will be an
attractive presence in the area and better reflect current homeowner needs and market conditions
while mitigating impacts on the existing homes south of the Site. Careful consideration has
gone into planning White Tank Foothills. Completion of this final phase will create a superior
community that is attractively designed, lushly landscaped with native and desert adapted
planting, significant amounts of open space and common areas, and provides a new and diverse
opportunity for home ownership in this area of the County.
White Tank Foothills Comparison Table
Phase
Gross Acreage
Total Units
Gross Density
Open Space
Approved
Previously
Amended
Proposed
Approved
Previously
Amended
Proposed
Approved
Proposed
1
250.58
674 D.U.
N/A
N/A
2.69 D.U./
AC.
N/A
N/A
19.50 AC.
N/A
2
144.86
311 D.U.
302 D.U.
N/A
2.15 D.U./
AC.
2.08 D.U./
AC.
N/A
32.80 AC.
N/A
3
245.18
396 D.U.
387 D.U.
645 D.U.
1.62 D.U./
AC.
1.58 D.U./
AC.
2.63 D.U./AC.
45.00 AC.
50.70
AC.
Total
640.62
1,381 D.U.
1,363 D.U.
1,621 D.U.
2.16 D.U./
AC.
2.13 D.U./
AC.
2.53 D.U./AC.
97.30 AC.
103.00
AC.
Page 5
White Tank Foothills: Project Narrative
2. Location Description
White Tank Foothills is located within Western
Maricopa County. The 232.28 gross acre Site is a
portion of the overall approximately 640-acre White
Tank Foothills PAD Overlay. The Site is currently
undeveloped land being used for agricultural
purposes. To the north and northeast are Phases
1 and 2 of White Tank Foothills, which have been
completed or are currently under construction.
White Tank Foothills is located approximately 2.4
miles west of Arizona State Route 303 and 6.2 miles
north of Interstate 10, both of which connect the
Site to the greater Phoenix metropolitan area. The
primary access to the Site is through the White Tank
Mountain Boulevard within Phases 1 and 2, which
connects to Seldon Lane and 183rd Avenue. From
there the roads connect to Olive Avenue and
Citrus Road via Harmont Drive. There are
intentionally no access points into the White Tank
Foothills community from Northern Avenue as
was agreed to in the original RUPD/PAD zoning
case (Condition ‘g’ of DMP200002).
PROJECT
SITE
W GLENDALE AVENUE
W NORTHERN AVENUE
W OLIVE AVENUE
W PEORIA AVENUE
N CITRUS RD
N COTTON LN
AZ STATE ROUTE 303
N PERRYVILLE ROAD
Page 6
White Tank Foothills: Project Narrative
3. Site Analysis
3.1 Existing Land Uses and Zoning
The White Tank Foothills Development Master Plan (DMP200002) was approved by the Board of
Supervisors (BOS) on August 22, 2001. On July 2, 2003, the BOS approved a Major Amendment
to the DMP for White Tank Foothills (DMP2002006) and Rezoning (Z2000136).
The 2003 RUPD and DMP amendment covered approximately 640 acres and included approximately
482 acres of Small Lot Residential Use with a range of zoning districts from R1-6 RUPD to R1-8
RUPD and lot sizes ranging from 6,000 square feet to 10,500 square feet; approximately 101 acres
of Rural Residential Use with R1-18 RUPD zoning and lot sizes at 18,000 square feet; a 10-acre
park; a 15-acre school site; 21.59 acres of Community Commercial (Parcel 1.1); and 8.45 acres of
Neighborhood Commercial (Parcel 1.4). The total number of lots approved for White Tank Foothills
was 1,381 single-family residential units at a density of 2.16 du/acre.
In 2005, a second RUPD amendment was approved to address development standards (Z2000136).
The purpose of the amendment was to address the location of the front setback in relation to
the minimum required lot width for each non-standard lot. A third RUPD DMP amendment was
approved in 2014 by the BOS (Z2013078). The 2014 amendment changed the commercial zoning
on Phase 1 Parcels 1.1 and 1.4 to residential zoning. Phase 1 Parcels 1.1 and 1.4 were rezoned from
commercial to R1-6 which added approximately ninety-five (95) 6,000 square foot lots. The
addition of ninety-five (95) lots, along with various other minor yield modification updates to other
parcels, brought the overall White Tank Foothills residential yield to 1,363 units, an approximate
density of 2.13 du/acre. Since the 2014 RUPD approval, Phase 1 is mostly developed with the
exception of Parcels 1.1 and 1.4, Phase 2 is in the process of being developed, and Phase 3 remains
undeveloped.
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White Tank Foothills: Project Narrative
3.2 Relationship to Surrounding Properties
To the north and east of White Tank Foothills Phase 3 are White Tank Foothills Phases 1 and 2 which
consist of existing single-family homes as well as homes still under construction that are zoned
R1-6 RUPD PAD and R1-7 RUPD PAD. To the south and the southeast, across Northern Avenue,
are single-family homes zoned RU-43. West of the Site, across the Perryville Road Alignment,
is Zanjero Trails which is currently undeveloped and zoned R1-6 RUPD PAD and R1-8 RUPD PAD.
The General Plan Land Use classifications, approved DMP Land Uses, existing zoning and uses
for the adjacent parcels, are listed in the “Surrounding Land Use Table” below.
The Site will benefit the community by providing product types and open space amenities based
on current needs and homebuyer desire while meeting the White Tank and Grand Avenue Area
Plan’s vision.
Table 1: Existing Conditions Summary
Surrounding Land Use Table
Direction
General Plan Land Use
Category
Approved DMP
Land Use Category
Existing Zoning
Existing Use
Site/Phase 3
Large Lot Residential
(1-2 D.U./AC.)
Small Lot
Residential, Rural
R1-6 RUPD PAD, R1-7
RUPD PAD, R1-8 RUPD
PAD, R1-18 RUPD PAD,
RU-43 PAD
Undeveloped Land
North
Large Lot Residential
(1-2 D.U./AC.)
Small Lot
Residential, Rural
R1-6 RUPD PAD, R1-7
RUPD PAD, R1-8 RUPD
PAD, RU-43 PAD
Single-family
homes (Phases 1
and 2)
South, across
Northern Avenue
Large Lot Residential
(1-2 D.U./AC.)
N/A
RU-43
Large lot single-
family homes
East, across Citrus
Road
Large Lot Residential
(1-2 D.U./AC.)
N/A
RU-43
Large lot single-
family homes
West, across
Perryville Road
Alignment
Small Lot Residential
(2-5 D.U./AC.)
N/A
R1-6 RUPD PAD, R1-8
RUPD PAD
Undeveloped Land
(Zanjero Trails)
Page 8
White Tank Foothills: Project Narrative
4. Plan Description
4.1 Proposed Zoning
This request proposes to modify the zoning and development standards for the Site. The request
proposes to rezone the Site from R1-6 RUPD PAD, R1-7 RUPD PAD, R1-8 RUPD PAD, R1-18 RUPD
PAD, and RU-43 PAD to R1-6 RUPD PAD, R1-7 RUPD PAD, R1-8 RUPD, and R1-10 RUPD PAD Modifying
the zoning for Parcels 3.11 through 3.19 will create a wider variety of lot sizes and housing choices,
as well as a better density transition to adjacent sites.
The Site will primarily consist of R1-6 RUPD PAD zoning with a small portion of R1-7 RUPD PAD
zoning at the southern end of the Site adjacent to White Tank Mountain Boulevard. The proposed
R1-8 RUPD zoning will only be located in Parcel 3.11. The proposed R1-10 RUPD PAD zoning will be
adjacent to Northern Avenue and Citrus Road. The R1-10 RUPD PAD zoning will provide a buffer
and density/intensity transition between the Site and the adjacent existing large lot single-family
residences.
As indicated in the following table, this application does not propose any changes to the zoning
districts for Phases 1 and 2 of White Tank Foothills. The only amendments to the Site are for
White Tank Foothills Phase 3 the proposed modifications to the RUPD zoning and development
standards in order for the proposed site plan to improve density transitions within the local
context.
Page 9
White Tank Foothills: Project Narrative
PHASE
PARCEL
LAND USE CATEGORY
GROSS
ACREAGE
MAX.
UNITS
ALLOWED
TOTAL UNITS
PREVIOUSLY
APPROVED
TOTAL
UNITS
PROPOSED
GROSS
DENSITY
PROPOSED
ZONING
1
PARCEL
1.1
SMALL LOT
RESIDENTIAL
21.58
AC.
108 D.U.
72 D.U.
N/A
3.34 D.U./
AC.
R1-6 RUPD
1
PARCEL
1.3
SMALL LOT
RESIDENTIAL
31.03
AC.
155 D.U.
105 D.U.
N/A
3.38 D.U./
AC.
R1- 6 RUPD
1
PARCEL
1.4
SMALL LOT
RESIDENTIAL
8.44 AC.
42 D.U.
23 D.U.
N/A
2.73 D.U./
AC.
R1-6 RUPD
1
PARCEL
1.5
SMALL LOT
RESIDENTIAL
34.23
AC.
171 D.U.
80 D.U.
N/A
2.34 D.U./
AC.
R1-8 RUPD
1
PARCEL
1.6
SMALL LOT
RESIDENTIAL
26.39
AC.
132 D.U.
85 D.U.
N/A
3.22 D.U./
AC.
R1-7 RUPD
1
PARCEL
1.7
SMALL LOT
RESIDENTIAL
28.52
AC.
132 D.U.
95 D.U.
N/A
3.33 D.U./
AC.
R1-6 RUPD
1
PARCEL
1.8
PARK
9.96 AC.
N/A
RURAL 43
1
PARCEL
1.9
SMALL LOT
RESIDENTIAL
45.28
AC.
226 D.U.
106 D.U.
N/A
2.34 D.U./
AC.
R1-7 RUPD
1
PARCEL
1.10
SMALL LOT
RESIDENTIAL
45.15
AC.
224 D.U.
108 D.U.
N/A
2.39 D.U./
AC.
R1-8 RUPD
2
PARCEL
2.15
SCHOOL
15.01 AC.
N/A
R1-8 RUPD
2
PARCEL
2.16
SMALL LOT
RESIDENTIAL
42.27
AC.
208 D.U.
80 D.U.
N/A
1.89 D.U./
AC.
R1-8 RUPD
2
PARCEL
2.17
SMALL LOT
RESIDENTIAL
45.29
AC.
228 D.U.
104 D.U.
N/A
2.30 D.U./
AC.
R1-7 RUPD
2
PARCEL
2.18
SMALL LOT
RESIDENTIAL
42.29
AC.
215 D.U.
118 D.U.
N/A
2.79 D.U./
AC.
R1-6 RUPD
3
PARCEL
3.11
SMALL LOT
RESIDENTIAL/
TRANSITIONAL LOT
38.53
AC.
99 D.U.
81 D.U.
54 D.U.
1.40 D.U./
AC.
R1-8 RUPD/
R1-10 RUPD
3
PARCEL
3.12
SMALL LOT
RESIDENTIAL/
TRANSITIONAL LOT
27.62
AC.
85 D.U.
86 D.U.
59 D.U.
2.14 D.U./
AC.
R1-6 RUPD/
R1-10 RUPD
3
PARCEL
3.13
SMALL LOT
RESIDENTIAL/
TRANSITIONAL LOT
23.76
AC.
86 D.U.
105 D.U.
63 D.U.
2.65 D.U./
AC.
R1-7 RUPD/
R1-10 RUPD
3
PARCEL
3.14
SMALL LOT
RESIDENTIAL/
TRANSITIONAL LOT
27.06
AC.
135 D.U.
115 D.U.
88 D.U.
3.25 D.U./
AC.
R1-6 RUPD/
R1-10 RUPD
3
PARCEL
3.15
SMALL LOT
RESIDENTIAL
25.44
AC.
126 D.U.
85 D.U.
3.34 D.U./
AC.
R1-6 RUPD
3
PARCEL
3.16
SMALL LOT
RESIDENTIAL
21.06
AC.
110 D.U.
73 D.U.
3.47 D.U./
AC.
R1-6 RUPD
3
PARCEL
3.17
SMALL LOT
RESIDENTIAL
29.02
AC.
118 D.U.
77 D.U.
2.65 D.U./
AC.
R1-7 RUPD
3
PARCEL
3.18
SMALL LOT
RESIDENTIAL
21.24
AC.
111 D.U.
86 D.U.
4.05 D.U./
AC.
R1-6 RUPD
3
PARCEL
3.19
SMALL LOT
RESIDENTIAL
31.45
AC.
120 D.U.
60 D.U.
1.91 D.U./AC.
R1-7 RUPD
PHASE 3 TOTAL
645 D.U.
2.63 D.U./
AC.
WHITE TANKS OVERALL TOTAL
640.63
AC.
2,831 D.U.
1,363 D.U.
1,621 D.U.
2.53 D.U./
AC.
EXISTING, REFER TO APPROVED LAND USE PLAN
NO PROPOSED CHANGES
Page 10
White Tank Foothills: Project Narrative
Phase 3 RUPD Comparison Development Standards Table
Development
Standards
Approved
R1-6 RUPD
Proposed
R1-6 RUPD
Approved
R1-7 RUPD
Proposed
R1-7 RUPD
Approved
R1-8 RUPD
Proposed
R1-8 RUPD
Base R1-10
Proposed
R1-10 RUPD
Maximum Height
30'
30'
30'
30'
30'
30'
30'
24'
Minimum Front
Yard
10'
10' (1)
10'
10' (1)
10'
10' (1)
20'
10' (1)
Minimum Side
Yard
5'
5'
5'
5'
5'
5'
7'
5'
Minimum Street
Side Yard
5' **
5' **
5'**
5' **
5'**
5'**
10'
5'**
Minimum Rear
Yard
20'
15'
20'
15'
20'
15'
25'
15'
Minimum Lot
Area (SF)
5,500
5,500
6,600
6,600
8,000
8,000
10,000
10,000
Minimum Width
50'
50'
60'
60'
70'
70'
80'
75'
Average Lot Area
per Dwelling Unit
(SF)
6,000
6,000
7,000
7,000
8,000
8,000
10,000
10,000
Maximum Lot
Coverage
45%
60%
45%
60%
45%
60%
40%
50%
Parking Spaces
per Dwelling Unit
2
2
2
2
2
2
2
2
* Yards along each street side of corner lots shall have a width equal to not less than half the depth of the required front yard.
** 5' setback adjacent to a 10' tract.
(1) The minimum front yard setback (or front yard) line for all "irregular" or non-rectangular shaped lots shall be established
at the distance between the front property line and a line parallel to the street chord at the point where said line achieves the
minimum lot width but in no case shall be less than minimum prescribed front yard line for each zoning district.
The proposed changes are necessary to provide a wider variety of lot sizes and housing choices,
including 5,750 square feet, 6,325 square feet, 6,900 square feet, 7,475 square feet, 9,000 square
feet, and 10,350 square feet. The changes proposed to the Site under this rezoning increases the
number of lots in Phase 3 from 387 to 645, a density of 2.63 du/ac. This proposal slightly increases
the overall White Tank Foothills lot count from 1,363 to 1,621 units, an overall density to 2.53 du/ac.
90'
75'
Page 11
White Tank Foothills: Project Narrative
4.3 Circulation
4.3.1 Vehicular Circulation
The Site features single-family detached homes that will utilize local drives, fifty-foot (50’) local
streets, and a sixty-foot (60’) collector street as its street network. Access to the overall White
Tank Foothills development is from the adjacent arterial street network from the following
locations: one location along Olive Avenue at 183rd Avenue and a second location along
Citrus Road at Harmont Drive, both of which are existing and intersect White Tank Mountain
Boulevard. According to Condition ‘g’ of Z200002, Northern Avenue will not include any
vehicular access points to the White Tank Foothills development per a previous agreement
in the original PAD zoning case.
4.3.2 Pedestrian Circulation
The pedestrian paths and trail system for the Site are designed to provide for non-motorized
circulation within the community. This will be achieved by using both sidewalks and concrete
trails to create a network of routes through the community. Paved sidewalks along roadways
are the primary form of pedestrian connectivity for the Site. Arterial streets including Northern
Avenue, Citrus Road, and Perryville Road Alignment will be accompanied by ten-foot (10')
detached concrete sidewalks that will connect the Site to surrounding neighborhoods. All
residential streets will have five-foot (5') attached concrete sidewalks on both sides of the road.
The collector road, White Tank Mountain Boulevard, will have five-foot (5') detached concrete
sidewalks on both sides of the road. These sidewalks will connect to, and be a continuation of,
the existing detached sidewalks along the developed portion of White Tank Mountain Boulevard
in Phases 1 and 2. Further, an eight-foot (8') concrete trail along the north/northeast boundary of
the Site, will serve as a connection from the Site to the dedicated school site in Phase 2 and the
10-acre White Tank Foothills Park in Phase 1. As described, the planned pedestrian circulation
system facilitates open space, sidewalk, and trail connections to amenities and destinations
in all Phases of White Tank Foothills. The increased pedestrian and bicycle activity will provide
opportunities for social interaction and a stronger sense of community within the overall White
Tank Foothills development.
4.4 Development Schedule (Phasing)
It is anticipated that the project will be built in multiple phases due in part to market absorption.
Sub-phases may be considered to accommodate infrastructure construction and the construction
of model home complexes. It is anticipated that a Phasing Plan specific to this Land Plan will
be provided during the Preliminary Plat submittal process.
Page 12
White Tank Foothills: Project Narrative
4.5 Open Space and Landscape
White Tank Foothills was approved to have a minimum of 97.30 acres of open space, 45 acres for
Phase 3. This application proposes to provide an additional 5.7 acres of open space for Phase 3,
increasing the Phase 3 open space total to 50.70 acres and the overall White Tank Foothills open
space to 103. acres. These open spaces will be maintained by the community’s HOA.
The open space system will provide active and passive recreational areas, access to an off-
site park, as well as provide drainage and retention for the community. Within the open space
system are five (5) separate pocket parks accessible by a network of sidewalks making each
park conveniently located for residents to experience and explore. Landscape will provide shade
for the walks, amenities, and buffer adjacent residential lots.
In addition to Phase 3 open spaces, the Site is conveniently located within walking and biking
distance to Phase 1 and Phase 2 of White Tank Foothills, which have similar open spaces including
a 10-acre neighborhood park in Phase 1. Further, all originally approved RUPD and DMP residential
open space and landscape standards, requirements, and theming elements will be maintained
and utilized for the amended parcels within Phase 3.
4.5.1 Pocket Parks
The five (5) pocket parks are nestled within the parcels throughout the Site and primarily front
onto streets and/or are adjacent to lots. Sidewalk connections are provided through the open
space system and nearby attached or detached sidewalks. Installation of each pocket park will
correspond with adjacent parcel development.
The amenities provided within each of the pocket parks are programmed to complement the
existing character established within White Tank Foothills. Each park is anticipated to be built
with the following amenities: a shade ramada and a wood fiber tot lot with shaded seating and
other site furnishings to complement the intended use. An off-site pocket park located within
Phase 3 will provide a pair of pickle ball courts with shaded seating, an area dedicated to turf
volleyball, and a group ramada and wood fiber tot lot. Further, each pocket park will be located
within a quarter-mile radius of a park or open space amenity area
The final location of the amenities including the pathways within the Site are subject to change
based upon more detailed engineering and planning as completed through the preliminary and
final plat processes. No lighting is proposed for any of the pocket parks or amenities due to the
proximity to the White Tank Mountains and due to concerns regarding light pollution.
Page 13
White Tank Foothills: Project Narrative
4.5.2 Entry Features and Monumentation
The Parcel Entry Sign Wall is a direct interpretation of the Parcel Entry Sign Wall at the existing
White Tank Foothills community with the intent to be a seamless transition from the existing
community to the Site.
Due to the location of the Site in relation to the existing White Tank Foothills community, no
other entry features, signage, or monumentation will be provided. Existing Primary Sign Walls
are located at the arterial streets, Citrus Road and Olive Avenue as the Site is only accessible
from Citrus Road or Olive Avenue.
4.6 Schools
The White Tank Foothills community is within the Dysart Unified School District with the current
nearest public schools:
•
Mountain View School (PreK to 8th Grade)
•
Shadow Ridge High School (9th to 12th Grade)
•
15-acre elementary school site has been dedicated to Dysart School District within Phase 2 of
the White Tank Foothills community. The dedicated school site has not been developed at the
time of this amendment.
4.7 Existing Public Recreation Areas
To the northwest of the site lies the spectacular White Tank Mountain Regional Park, one of the
largest regional parks in all of Maricopa County at 29,572 acres that features rugged mountain
terrain, gentle foothills, open valley views, and a network of trails that lead to some of the most
spectacular views in the Phoenix metropolitan area. The regional park includes areas for
camping, picnics, volleyball, an extensive network of hiking and biking trails, and a seasonal
waterfall is accessible via hike during the rainy season. The park offers an array of recreational
and educational events on a regular basis including a starry night hike that visitors can enjoy
unparalleled views of the city lights and the night sky.
Page 14
White Tank Foothills: Project Narrative
4.8 Existing Libraries
The award-winning White Tank Library and Nature Center (that also is a trailhead for accessing
the White Tank Mountain Regional Park) is approximately four (4 miles) to the northwest from
the Site. This 29,000 square foot library has a collection capacity of 35,000 books and has
unparalleled panoramic views of the White Tank Mountains.
4.9 Public Utilities and Services
The development of the Site of White Tank Foothills with its revised proposed density will not
make any significant changes to the existing utility systems constructed with the earlier phases
of this development. The parcels will be joined to, and become an extension of, the existing
developed utility systems while maintaining their approved design standards, requirements, and
specifications of those systems. Updated reports will be submitted with the Preliminary Plat.
4.9.1 Dry Utilities
•
The development is serviced for Law Enforcement by the Maricopa County Sherriff’s Office (MCSO).
•
Fire Protection is covered by the Rural Metro Fire Department.
•
Power is provided by Arizona Public Service (APS) which for the Site will have existing infrastructure
extended for utility mainline and services provided for each lot.
•
Natural Gas service is provided by Southwest Gas (SW Gas).
•
Cable and Telephone services are provided by Cox Communications and Century Link. The Site
will have existing infrastructure extended for utility mainline and services provided for each lot.
4.9.2 Refuse
Solid Waste Services are provided by Waste Management or other independent solid waste
service company whose franchise application is approved by the Homeowner’s Association.
Page 15
White Tank Foothills: Project Narrative
4.9.3 Water
The White Tank Foothills Master Planned community is serviced by the EPCOR Water Company.
EPCOR has existing infrastructure in the White Tank Foothills master-planned community and
directly adjacent to the Site. As part of previous infrastructure agreements, the neighboring
Cortessa Master Planned community and White Tank Foothills together set aside four (4) joint-
use well and treatment sites for the combined master-planned communities. The location of the
four well sites is included as part of the overall water infrastructure. Of the wells, two (2) fully
developed wells are in Cortessa, one (1) is fully developed in White Tank Foothills. The well site
labeled as number (4) is a no-development (currently undeveloped) obligation well site, though
it has been dedicated to EPCOR for their development of a future well site. For the waterline
infrastructure, the Site will connect at four (4) locations to existing EPCOR infrastructure: to the
existing twelve-inch (12”) water line within White Tank Mountain Boulevard (which is an existing
waterline stub to the Phase 3 development from the northwest), the existing twelve-inch (12”)
line in Seldon Lane (via eight-inch (8”) water stub provided to Phase 3 of the development in 181st
Avenue), to the existing eighteen-inch (18”) line in Citrus Road (which will be a new waterline tap
servicing the Site), and a supplemental connection to an existing six-inch (6”) waterline in Northern
Avenue at the Perryville Road alignment intersection. This last connection will be a twelve-inch
(12”) line that runs from White Tank Mountain Boulevard to the Northern Avenue and Perryville
Road intersection location. Upgraded waterline in Northern Avenue will be provided by EPCOR.
Water demand calculations for the project will be based on system design criteria of the EPCOR
design standards. The system is designed to maintain normal operation pressures of forty (40)
psi minimum, and one hundred (100) psi maximum. Under fire flow conditions, the area will be
rated for a 1,000-gpm fire flow without pressures falling below twenty (20) psi.
Flow Tests
Hydrant Flow Data has been obtained to use in modeling the project site.
Proposed Site Improvements
On-site, the project will be supported by looped systems of eight-inch (8”) waterlines (depth and
material in accordance with EPCOR standards) which will supply the potable and fire system
demands of the development. Each residential lot platted with the project will be serviced and
metered for domestic water with flow and pressure criteria within the approvable ranges of the
flow and pressures of the overall system.
Statement of Compliance with Master Plan
The Site is applying for a lot increase in the master plan to 645 total residential lots. Based on
the available existing infrastructure for the water system, the design of water sizing and routing
(looping), and the field-based tests, the addition of the proposed lots remains in compliance with
the design and function of the water system master plan.
Page 16
White Tank Foothills: Project Narrative
4.9.4 Sewer
Offsite drainage is managed in a tract for offsite flows arriving from the west in a channel near
the Perryville Section Alignment. This flow is 546 cfs. The flow is carried in this channel to
Northern Avenue where area is set aside in a proposed dedicated tract that will transmit this flow
in a channel along the north side of Northern Avenue until reaching Citrus. Other flow arrives to
impact the site on its north edge coming from the northwest. This flow is carried in an existing
channel between the Phase 1 and Phase 3 parts of the master-planned community which will be
designed to continue with the Phase 3. This offsite flowrate is 221 cfs. In Phase 3 the channel
will be continued until it reaches Citrus. At Citrus, the channel will turn toward the south until
reaching Northern Avenue. At this location both offsite flows (546 cfs and 221 cfs) meet at an
offsite drainage detention basin at the northwest corner of Northern and Citrus where the flow
will discharge to an existing culvert crossing Citrus and an existing channel east of the project
site, to carry flow in its historic function. The Drainage Report for White Tank Foothills Phase 3
accepts the master-planned hydrology and will confirm hydraulic capacity with hydraulic models
of the drainage corridors/channels. All drainage design is in accordance with the accepted
Master Drainage Report for White Tank Foothills Phase 2 and Phase 3.
Within the White Tank Foothills Master-planned community is Phase 3, which is the only remaining
phase of the overall community left to be platted. As already mentioned, the existing sewer
collection system for all of the Cortessa and White Tank Foothills developments is already
installed. With Phases 1 and 2 of White Tank Foothills, infrastructure sewer collection systems
were installed in the main access road of the development, White Tank Mountain Boulevard. The
existing collection line for Phase 3 starts upstream in White Tank Mountain Boulevard with pipes in
the collector street ranging from 8” to 12” diameter. The downstream 12” diameter line discharges
to the existing Lift Station at the southeast corner of the Phase 3 part of the development.
The Existing Lift Station was designed and installed with the neighboring Cortessa development
to the north of White Tank Foothills. When considering sewer flows, the Cortessa flows and the
White Tank Foothills flows do not combine until meeting at the lift station. The Cortessa offsite
sewer is designed with gravity lines in Olive and Citrus until arriving at the Lift Station. Beyond
(downstream of) the existing Lift Station are a 12” Force Main and the gravity transmission line
that goes to the wastewater treatment facility. No gravity systems from Cortessa influence the
gravity systems of White Tank Foothills.
Page 17
White Tank Foothills: Project Narrative
Sewer Demands
As described, sewer demands in total to the gravity system are generated by the Cortessa
development and the overall White Tank Foothills (Phases 1 – 3) development. An original master
sewer study by DEA for the overall system analysis for the collection system and lift station was
prepared in 2004. A summary of sewer demands is located in the table below, Table 1.
Table 1 – Sewer Demands (Original Master Study Criteria/Previous Master Plan)
Development
Unit
Count
Unit Demand
Rate (gpd)
Average Daily
Flow (gpd)
Peaking
Factor
Peak Flow (gpd)
Peak Flow
(gpm)
Cortessa
1,732
320
554,240
1.96
1,086,310
754
White Tank
Foothills Phase 1
674
320
215,680
2.17
468,026
325
White Tank
Foothills Phase 2
302
320
96,640
2.38
230,003
160
White Tank
Foothills Phase 3
387
320
123,840
2.30
284,832
198
*Commercial
Demands
-----
-----
61,710
2.50
154,275
107
School Demands
-----
-----
67,200
2.50
168,000
117
TOTALS =
1,119,310
1.83
2,048,337
1,424
Note: Lot Counts Based on approved 2014 White Tank Farms Amendment (1,363 Allowable Total Lots in White
Tank Foothills)
Totals reflect Lift Station Design. TOTALS are based on the summation of Average Daily Flow and the Peak
Flow Based on the Overall Peaking Factor.
*Commercial acreage was changed in part to residential acreage as a part of the 2014 Amendment
Page 18
White Tank Foothills: Project Narrative
Originally, White Tank Foothills Phase 3 was allowed for 387 residential units (as referenced in
Table 1, above). With Maricopa County, re-zoning and preliminary plat are being processed under
which conditions, White Tank Foothills Phase 3 is applying for 645 residential lots. With new City
of Surprise sewer demand rates updated since the development of Cortessa and White Tank
Foothills Phases 2 and 3, Table 2 below shows the sewer demands of the additional proposed
lots under the re-zoning, and as an update to the White Tank Foothills master plan:
Table 2 – Sewer Demands (New Lot Count White Tank Foothills Phase 3)
Development
Unit
Count
Unit Demand
Rate (gpd)
Average Daily
Flow (gpd)
Peaking
Factor
Peak Flow (gpd)
Peak Flow
(gpm)
Cortessa
1,732
210*
363,720
1.97
716,528
498
White Tank
Foothills Phase 1
674
210*
141,540
2.18
308,557
214
White Tank
Foothills Phase 2
302
210*
64,050
2.38
152,439
106
White Tank
Foothills Phase 3
645
210*
135,450
2.20
297,990
207
Commercial
Demands
-----
-----
61,710
2.50
154,275
107
School Demands
-----
-----
67,200
2.50
168,000
117
TOTALS =
833,670
2.16
1,797,789
1,248
*Demand Rate Update City of Surprise
TOTALS are based on the summation of Average Daily Flow and the Peak Flow Based on the Overall Peaking
Factor.
Lift Station
The proposed increased density to White Tank Foothills Phase 3 (to 645 lots) and its influence
on the lift station peak discharge is shown in the table above. After development of the 645 lots
in Phase 3 and with demand rates update, the total peak discharge to the existing lift station is
approximately 1,100 gpm (Table 2). Separate study concluded the existing lift station can manage
a cycle with a capacity of approximately 1,470 gpm. Under the scenario of the additional lots in
Phase 3 and the current City of Surprise unit rates of wastewater demand, the existing lift station
and pumps can manage the anticipated peak flow.
Proposed Site Improvements
The existing twelve-inch (12”) sewer line to the lift station from the White Tank Foothills development
(Phases 1-3) has the capacity for collection of the generated wastewater flows.
Additional density in White Tank Foothills Phase 3 (to 645 lots) does not have a negative impact
in the capacity of the area sewer collection system (on-site gravity lines, existing lift station,
existing force main, or gravity transmission line to the wastewater treatment facility).
Page 19
White Tank Foothills: Project Narrative
4.9.7 Police and Fire
Per the previously submitted plans, the nearest substations according to Maricopa County
Sheriff’s Office are located at the northeast corner of Van Buren Street and Dysart Road as well
as the corner of Dysart Road and Bell Road. According to the Rural Metro Corporation the nearest
fire stations are located at the northeast corner of Litchfield Road and Indian School Road and
at the corner of Peoria and 136th Avenue.
6. Conclusion
We believe that the Site will be cohesive with the existing features and lifestyles found at the
White Tank Foothills community and meet or exceed the expectations summarized in the White
Tank and Grand Avenue Area Plan’s vision while meeting current homebuyer needs.
EPS Group, Inc. • 1130 N. Alma School Rd, Suite 120 • Mesa, AZ 85201
Tel (480) 503-2250 • Fax (480) 503-2258
Exhibit “A”
WHITE TANK FOOTHILLS
R1-6 RUPD PAD Zoning
Job No. 20-1596
January 26, 2022
A portion of Section 34, Township 3 North, Range 2 West of the Gila and Salt River
Meridian, Maricopa County, Arizona, more particularly as follows:
COMMENCING at a brass cap flush at the Southwest corner of said Section 34, from
which a 0.5” untagged rebar at the South quarter corner of said Section 34 bears
North 89 degrees 53 minutes 22 seconds East, 2642.16 feet (Basis of Bearing);
Thence along the West line of the Southwest quarter of said Section 34, North 00
degrees 02 minutes 33 seconds East, 330.05 feet to the POINT OF BEGINNING;
Thence continuing along said West line of the Southwest quarter, North 00 degrees
02 minutes 33 seconds East, 1324.90 feet;
Thence South 89 degrees 57 minutes 27 seconds East, 55.00 feet;
Thence North 42 degrees 34 minutes 30 seconds East, 165.26 feet;
Thence North 64 degrees 10 minutes 48 seconds East, 74.14 feet;
Thence North 81 degrees 16 minutes 45 seconds East, 258.85 feet;
Thence North 35 degrees 11 minutes 36 seconds East, 446.29 feet;
Thence East, 290.87 feet;
Thence East, 60.58 feet;
Thence East, 20.19 feet to a non-tangent curve, concave Easterly and having a
radius of 1750.00 feet which bears North 81 degrees 52 minutes 00 seconds East;
Thence along said curve to the right, thru delta angle of 08 degrees 10 minutes 50
seconds, an arc distance of 249.86 feet to a non-tangent line;
Thence North 00 degrees 02 minutes 40 seconds East, 115.53 feet to a tangent
curve, concave Southeasterly and having a radius of 1450.00 feet;
EPS Group, Inc. • 1130 N. Alma School Rd, Suite 120 • Mesa, AZ 85201
Tel (480) 503-2250 • Fax (480) 503-2258
Thence along said curve to the right, thru delta angle of 11 degrees 59 minutes 37
seconds, an arc distance of 303.53 feet to a non-tangent line;
Thence South 64 degrees 36 minutes 49 seconds East, 125.95 feet;
Thence North 25 degrees 23 minutes 11 seconds East, 150.00 feet;
Thence South 64 degrees 36 minutes 49 seconds East, 399.61 feet;
Thence North 52 degrees 24 minutes 44 seconds East, 61.07 feet;
thence South 00 degrees 06 minutes 31 seconds East, 103.14 feet;
Thence South 25 degrees 23 minutes 11 seconds West, 89.33 feet;
Thence South 09 degrees 19 minutes 21 seconds West, 38.92 feet;
Thence South 00 degrees 04 minutes 58 seconds East, 530.00 feet;
Thence North 89 degrees 53 minutes 29 seconds East, 99.73 feet;
Thence South 00 degrees 06 minutes 31 seconds East, 435.00 feet;
Thence South 00 degrees 06 minutes 31 seconds East, 246.97 feet to a tangent
curve, concave Northwesterly and having a radius of 200.00 feet;
Thence along said curve to the right, thru delta angle of 43 degrees 11 minutes 03
seconds, an arc distance of 150.74 feet;
Thence South 43 degrees 04 minutes 31 seconds West, 149.83 feet;
Thence South 43 degrees 04 minutes 31 seconds West, 100.00 feet to a tangent
curve, concave Northwesterly and having a radius of 200.00 feet;
Thence along said curve to the right, thru delta angle of 46 degrees 48 minutes 57
seconds, an arc distance of 163.42 feet;
Thence on a non-tangent line South 89 degrees 52 minutes 52 seconds West,
433.92 feet;
Thence South 00 degrees 06 minutes 39 seconds East, 673.98 feet;
Thence South 89 degrees 05 minutes 04 seconds West, 175.12 feet;
EPS Group, Inc. • 1130 N. Alma School Rd, Suite 120 • Mesa, AZ 85201
Tel (480) 503-2250 • Fax (480) 503-2258
Thence South 89 degrees 53 minutes 29 seconds West, 800.56 feet to the POINT
OF BEGINNING.
Said parcel contains 2,862,217 square feet or 65.7075 acres, more or less, and
being subject to any easements, restrictions, and/or rights-of-ways of record or
otherwise.
This description shown hereon is not to be used to violate subdivision regulations of
the state, county and/or municipality or any other land division restrictions.
TOGETHER WITH:
A portion of the South half of Section 34, Township 3 North, Range 2 West of the
Gila and Salt River Meridian, Maricopa County, Arizona, more particularly as
follows:
COMMENCING at a brass cap flush at the Southwest corner of said Section 34, from
which a 0.5” untagged rebar at the South quarter corner of said Section 34 bears
North 89 degrees 53 minutes 22 seconds East, 2642.16 feet (Basis of Bearing);
Thence along the South line of said Section 34, North 89 degrees 53 minutes 22
seconds East, 1952.18 feet;
Thence North 00 degrees 06 minutes 38 seconds West, 372.04 feet to the POINT
OF BEGINNING;
Thence North 23 degrees 20 minutes 42 seconds East, 470.85 feet to a non-
tangent curve, concave Northeasterly and having a radius of 1798.71 feet which
bears North 23 degrees 21 minutes 23 seconds East;
Thence along said curve to the right, thru delta angle of 19 degrees 43 minutes 33
seconds, an arc distance of 619.27 feet;
Thence on a non-tangent line North 43 degrees 04 minutes 31 seconds East,
149.83 feet to a tangent curve, concave Northwesterly and having a radius of
200.00 feet;
Thence along said curve to the left, thru delta angle of 43 degrees 11 minutes 03
seconds, an arc distance of 150.74 feet;
Thence North 00 degrees 06 minutes 31 seconds West, 246.97 feet;
EPS Group, Inc. • 1130 N. Alma School Rd, Suite 120 • Mesa, AZ 85201
Tel (480) 503-2250 • Fax (480) 503-2258
Thence North 89 degrees 53 minutes 29 seconds East, 976.83 feet;
Thence South 00 degrees 06 minutes 31 seconds East, 565.00 feet;
Thence North 89 degrees 53 minutes 29 seconds East, 140.00 feet;
Thence South 00 degrees 06 minutes 31 seconds East, 140.00 feet;
Thence North 89 degrees 53 minutes 29 seconds East, 25.82 feet;
Thence South 00 degrees 05 minutes 51 seconds East, 275.61 feet;
Thence North 89 degrees 53 minutes 40 seconds East, 67.58 feet to a tangent
curve, concave Northwesterly and having a radius of 1200.00 feet;
Thence along said curve to the left, thru delta angle of 26 degrees 26 minutes 45
seconds, an arc distance of 553.88 feet;
Thence on a non-tangent line South 26 degrees 33 minutes 09 seconds East, 80.53
feet to a tangent curve, concave Southwesterly and having a radius of 2000.00
feet;
Thence along curve to the right, thru delta angle of 01 degrees 47 minutes 13
seconds, an arc distance of 62.38 feet;
Thence South 24 degrees 45 minutes 56 seconds East, 214.90 feet;
Thence South 63 degrees 36 minutes 24 seconds West, 27.17 feet;
Thence South 67 degrees 18 minutes 00 seconds West, 49.50 feet;
Thence South 69 degrees 16 minutes 08 seconds West, 49.50 feet;
Thence South 71 degrees 14 minutes 16 seconds West, 49.50 feet;
Thence South 73 degrees 12 minutes 25 seconds West, 49.50 feet;
Thence South 75 degrees 10 minutes 33 seconds West, 49.50 feet;
Thence South 77 degrees 08 minutes 41 seconds West, 49.50 feet;
Thence South 79 degrees 06 minutes 49 seconds West, 49.50 feet;
EPS Group, Inc. • 1130 N. Alma School Rd, Suite 120 • Mesa, AZ 85201
Tel (480) 503-2250 • Fax (480) 503-2258
Thence South 81 degrees 04 minutes 57 seconds West, 49.50 feet;
Thence South 83 degrees 03 minutes 05 seconds West, 49.50 feet;
Thence South 85 degrees 17 minutes 59 seconds West, 96.12 feet;
Thence South 89 degrees 53 minutes 29 seconds West, 403.34 feet;
Thence North 86 degrees 02 minutes 02 seconds West, 76.21 feet;
Thence North 83 degrees 50 minutes 45 seconds West, 52.59 feet;
Thence North 82 degrees 26 minutes 04 seconds West, 52.59 feet;
Thence North 81 degrees 01 minutes 24 seconds West, 52.59 feet;
Thence North 79 degrees 36 minutes 44 seconds West, 52.59 feet;
Thence North 78 degrees 12 minutes 03 seconds West, 52.59 feet;
Thence North 76 degrees 47 minutes 23 seconds West, 52.59 feet;
Thence North 75 degrees 22 minutes 42 seconds West, 52.59 feet;
Thence North 73 degrees 58 minutes 02 seconds West, 52.59 feet;
Thence North 72 degrees 31 minutes 54 seconds West, 54.40 feet;
Thence South 19 degrees 08 minutes 15 seconds West, 112.15 feet;
Thence North 86 degrees 27 minutes 43 seconds West, 65.50 feet;
Thence North 70 degrees 51 minutes 45 seconds West, 139.11 feet to the POINT
OF BEGINNING.
Said overall portion of land contains 1,483,057 square feet or 34.0463 acres, more
or less, and being subject to any easements, restrictions, and/or rights-of-ways of
record or otherwise.
This description shown hereon is not to be used to violate subdivision regulations of
the state, county and/or municipality or any other land division restrictions.
NORTHERN AVENUE
NORTH
300
scale
600
feet
0
R1-6 RUPD PAD
1130 N. Alma School Rd.
Ste. 120 Mesa, AZ 85201
T:480.503.2250 | F:480.503.2258
www.epsgroupinc.com
EXHIBIT "A"
20-1596
WHITE TANK FOOTHILLS - R16 RUPD PAD ZONING
PERRYVILLE ROAD (ALIGNMENT)
CITRUS ROAD
SHEET 1 OF 3
R1-6 RUPD PAD
LINE TABLE
LINE TABLE
LINE TABLE
LINE TABLE
1130 N. Alma School Rd.
Ste. 120 Mesa, AZ 85201
T:480.503.2250 | F:480.503.2258
www.epsgroupinc.com
EXHIBIT "A"
20-1596
WHITE TANK FOOTHILLS - R1-6 RUPD PAD ZONING
SHEET 2 OF 3
CURVE TABLE
1130 N. Alma School Rd.
Ste. 120 Mesa, AZ 85201
T:480.503.2250 | F:480.503.2258
www.epsgroupinc.com
EXHIBIT "A"
20-1596
WHITE TANK FOOTHILLS - R1-6 RUPD PAD ZONING
SHEET 3 OF 3
EPS Group, Inc. • 1130 N. Alma School Rd, Suite 120 • Mesa, AZ 85201
Tel (480) 503-2250 • Fax (480) 503-2258
Exhibit “A”
WHITE TANK FOOTHILLS
R1-7 RUPD PAD Zoning
Job No. 20-1596
January 26, 2022
A portion of Section 34, Township 3 North, Range 2 West of the Gila and Salt River
Meridian, Maricopa County, Arizona, being more particularly described as follows:
COMMENCING at a brass cap flush at the Southwest corner of said Section 34, from
which a 0.5” untagged rebar at the South quarter corner of said Section 34 bears
North 89 degrees 53 minutes 22 seconds East, 2642.16 feet (Basis of Bearing);
Thence along the South line of said Southwest quarter, North 89 degrees 53
minutes 22 seconds East, 976.54 feet;
Thence North 00 degrees 06 minutes 38 seconds West, 332.48 feet to the POINT
OF BEGINNING;
Thence North 00 degrees 06 minutes 39 seconds West, 673.98 feet;
Thence North 89 degrees 52 minutes 52 seconds East, 433.99 feet to a non-
tangent curve, concave Northwesterly and having a radius of 200.00 feet which
bears North 00 degrees 07 minutes 45 seconds West;
Thence along curve to the left, thru delta angle of 46 degrees 47 minutes 44
seconds, an arc distance of 163.35 feet;
Thence North 43 degrees 04 minutes 31 seconds East, 100.00 feet to a non-
tangent curve, concave Northeasterly and having a radius of 1798.71 feet which
bears North 43 degrees 04 minutes 57 seconds East;
Thence along said curve to the left, thru delta angle of 19 degrees 43 minutes 33
seconds, an arc distance of 619.27 feet to a non-tangent line;
Thence South 23 degrees 20 minutes 42 seconds West, 470.85 feet;
Thence South 28 degrees 23 minutes 23 seconds West, 70.56 feet;
Thence North 62 degrees 16 minutes 53 seconds West, 146.76 feet;
Thence South 80 degrees 48 minutes 21 seconds West, 275.73 feet;
EPS Group, Inc. • 1130 N. Alma School Rd, Suite 120 • Mesa, AZ 85201
Tel (480) 503-2250 • Fax (480) 503-2258
Thence South 89 degrees 53 minutes 21 seconds West, 360.00 feet;
Thence South 89 degrees 05 minutes 04 seconds West, 179.91 feet to the POINT
OF BEGINNING.
Said overall portion of land contains 708,074 square feet or 16.2551 acres, more or
less, and being subject to any easements, restrictions, and/or rights-of-ways of
record or otherwise.
This description shown hereon is not to be used to violate subdivision regulations of
the state, county and/or municipality or any other land division restrictions.
TOGETHER WITH:
A portion of Section 34, Township 3 North, Range 2 West of the Gila and Salt River
Meridian, Maricopa County, Arizona, being more particularly described as follows:
COMMENCING at a brass cap flush at the Southwest corner of said Section 34, from
which a 0.5” untagged rebar at the South quarter corner of said Section 34 bears
North 89 degrees 53 minutes 22 seconds East, 2642.16 feet (Basis of Bearing);
Thence along the South line of the Southwest quarter of said Section 34, North 89
degrees 53 minutes 22 seconds East, 2642.16 feet;
Thence along the South line of the Southeast quarter of said Section 34, North 89
degrees 53 minutes 27 seconds East, 281.84 feet;
Thence North 00 degrees 06 minutes 33 seconds West, 655.02 feet to the POINT
OF BEGINNING;
Thence North 00 degrees 05 minutes 51 seconds West, 275.61 feet;
Thence South 89 degrees 53 minutes 29 seconds West, 25.82 feet;
Thence North 00 degrees 06 minutes 31 seconds West, 140.00 feet;
Thence South 89 degrees 53 minutes 29 seconds West, 140.00 feet;
Thence North 00 degrees 06 minutes 31 seconds West, 565.00 feet;
Thence South 89 degrees 53 minutes 29 seconds West, 976.83 feet;
Thence North 00 degrees 06 minutes 31 seconds West, 435.00 feet;
EPS Group, Inc. • 1130 N. Alma School Rd, Suite 120 • Mesa, AZ 85201
Tel (480) 503-2250 • Fax (480) 503-2258
Thence South 89 degrees 53 minutes 29 seconds West, 99.73 feet;
Thence North 00 degrees 04 minutes 58 seconds West, 530.00 feet;
Thence North 09 degrees 19 minutes 21 seconds East, 38.92 feet;
Thence North 25 degrees 23 minutes 11 seconds East, 89.33 feet;
Thence North 00 degrees 06 minutes 31 seconds West, 103.14 feet;
Thence North 52 degrees 24 minutes 44 seconds East, 466.50 feet;
Thence North 35 degrees 56 minutes 44 seconds East, 78.08 feet;
Thence North 21 degrees 24 minutes 52 seconds East, 84.17 feet;
Thence South 27 degrees 24 minutes 50 seconds East, 13.30 feet;
Thence South 21 degrees 24 minutes 52 seconds West, 250.75 feet to a tangent
curve, concave Northeasterly and having a radius of 230.00 feet;
Thence along said curve to the left, thru delta angle of 68 degrees 29 minutes 05
seconds, an arc distance of 274.92 feet;
Thence South 47 degrees 04 minutes 16 seconds East, 299.45 feet;
Thence South 47 degrees 54 minutes 07 seconds East, 395.41 feet to a non-
tangent curve, concave Southwest having a radius of 60.00 feet which bears South
42 degrees 05 minutes 59 seconds West;
Thence along said curve to the right, thru delta angle of 21 degrees 45 minutes 00
seconds, an arc distance of 22.78 feet to a non-tangent line;
Thence South 26 degrees 08 minutes 55 seconds East, 189.32 feet to a tangent
curve, concave Northeasterly and having a radius of 140.00 feet;
Thence along curve to the left, thru delta angle of 29 degrees 26 minutes 59
seconds, an arc distance of 71.96 feet;
Thence South 55 degrees 35 minutes 52 seconds East, 227.51 feet to a tangent
curve, concave Northeasterly and having a radius of 140.00 feet;
EPS Group, Inc. • 1130 N. Alma School Rd, Suite 120 • Mesa, AZ 85201
Tel (480) 503-2250 • Fax (480) 503-2258
Thence along said curve to the left, thru delta angle of 34 degrees 25 minutes 04
seconds, an arc distance of 84.10 feet;
Thence North 89 degrees 59 minutes 02 seconds East, 184.95 feet to a tangent
curve, concave Southwesterly and having a radius of 60.00 feet;
Thence along said curve to the right, thru delta angle of 28 degrees 04 minutes 06
seconds, an arc distance of 29.39 feet to the beginning of a compound curve,
concave Southwesterly and having a radius of 914.00 feet;
Thence along said curve to the right, thru delta angle of 05 degrees 05 minutes 44
seconds, an arc distance of 81.29 feet to the beginning of a compound curve,
concave Southwesterly and having a radius of 604.00 feet;
Thence along said curve to the right, thru delta angle of 59 degrees 23 minutes 35
seconds, an arc distance of 626.11 feet to the beginning of a reverse curve,
concave Easterly and having a radius of 310.00 feet;
Thence along said curve to the left, thru delta angle 15 degrees 01 minutes 23
seconds, an arc distance of 81.28 feet to the beginning of a compound curve,
concave Northeasterly and having a radius of 50.00 feet;
Thence along said curve to the left, thru delta angle of 101 degrees 38 minutes 47
seconds, an arc distance of 88.70 feet;
Thence North 65 degrees 52 minutes 12 seconds East, 69.18 feet to a non-tangent
curve, concave Southerly and having a radius of 10.00 feet which bears South 24
degrees 08 minutes 23 seconds East;
Thence along said curve to the right, thru delta angle of 63 degrees 28 minutes 16
seconds, an arc distance of 11.08 feet to a non-tangent line;
Thence South 50 degrees 40 minutes 42 seconds East, 130.35 feet to a non-
tangent curve, concave Northeast having a radius of 30.00 feet which bears North
39 degrees 19 minutes 13 seconds East;
Thence along said curve to the left, thru delta angle of 44 degrees 59 minutes 58
seconds, an arc distance of 23.56 feet to a non-tangent line;
Thence South 41 degrees 15 minutes 57 seconds East, 39.69 feet to a non-tangent
curve, concave Northwesterly having a radius of 1200.00 feet which bears North 50
degrees 47 minutes 18 seconds West;
EPS Group, Inc. • 1130 N. Alma School Rd, Suite 120 • Mesa, AZ 85201
Tel (480) 503-2250 • Fax (480) 503-2258
Thence along said curve to the right, thru delta angle of 50 degrees 40 minutes 58
seconds;
Thence South 89 degrees 53 minutes 40 seconds West, 67.58 feet to the POINT
OF BEGINNING.
Said overall portion of land contains 2,051,909 square feet or 47.1053 acres, more
or less, and being subject to any easements, restrictions, and/or rights-of-ways of
record or otherwise.
This description shown hereon is not to be used to violate subdivision regulations of
the state, county and/or municipality or any other land division restrictions.
NORTHERN AVENUE
NORTH
300
scale
600
feet
0
R1-7 RUPD PAD
1130 N. Alma School Rd.
Ste. 120 Mesa, AZ 85201
T:480.503.2250 | F:480.503.2258
www.epsgroupinc.com
EXHIBIT "A"
20-1596
WHITE TANK FOOTHILLS - R1-7 RUPD PAD ZONING
PERRYVILLE ROAD (ALIGNMENT)
CITRUS ROAD
SHEET 1 OF 2
R1-7 RUPD PAD
LINE TABLE
LINE TABLE
CURVE TABLE
1130 N. Alma School Rd.
Ste. 120 Mesa, AZ 85201
T:480.503.2250 | F:480.503.2258
www.epsgroupinc.com
EXHIBIT "A"
20-1596
WHITE TANK FOOTHILLS - R1-7 RUPD PAD ZONING
SHEET 2 OF 2
EPS Group, Inc. • 1130 N. Alma School Rd, Suite 120 • Mesa, AZ 85201
Tel (480) 503-2250 • Fax (480) 503-2258
Exhibit “A”
WHITE TANK FOOTHILLS
R1-8 RUPD PAD Zoning
Job No. 20-1596
January 26, 2022
A portion of the Southeast quarter of Section 34, Township 3 North, Range 2 West
of the Gila and Salt River Meridian, Maricopa County, Arizona, being more
particularly described as follows:
COMMENCING at a brass cap flush at the Southwest corner of said Section 34, from
which a 0.5” untagged rebar at the South quarter corner of said Section 34 bears
North 89 degrees 53 minutes 22 seconds East, 2642.16 feet
(Basis of Bearing);
Thence along the South line of the Southwest quarter of said Section 34, North 89
degrees 53 minutes 22 seconds East, 2642.16 feet;
Thence along the South line of the Southeast quarter of said Section 34, North 89
degrees 53 minutes 27 seconds East, 1105.36 feet;
Thence North 00 degrees 06 minutes 33 seconds West, 306.33 feet to the POINT
OF BEGINNING;
Thence North 24 degrees 45 minutes 56 seconds West, 165.63 feet;
Thence North 24 degrees 45 minutes 56 seconds West, 214.90 feet to a tangent
curve, concave Southwest and having a radius of 2000.00 feet;
Thence along said curve to the left, thru delta angle of 01 degrees 47 minutes 13
seconds, an arc distance of 62.38 feet;
Thence North 26 degrees 33 minutes 09 seconds West, 80.53 feet to a non-tangent
curve, concave Northwesterly and having a radius of 1200.00 feet which bears
North 26 degrees 33 minutes 05 seconds West;
Thence along said curve to the left, thru delta angle of 24 degrees 14 minutes 13
seconds, an arc distance of 507.62 feet to a non-tangent line;
Thence North 41 degrees 15 minutes 57 seconds West, 39.69 feet to a non-tangent
curve, concave Northwesterly having a radius of 30.00 feet which bears North 5
degrees 40 minutes 45 seconds West;
EPS Group, Inc. • 1130 N. Alma School Rd, Suite 120 • Mesa, AZ 85201
Tel (480) 503-2250 • Fax (480) 503-2258
Thence along said curve to the left, thru delta angle of 46 degrees 30 minutes 26
seconds, an arc distance of 24.35 feet to the beginning of a compound curve,
concave Northwesterly and having a radius of 1170.00 feet;
Thence along said curve to the left, thru delta angle of 24 degrees 17 minutes 50
seconds, an arc distance of 496.16 feet to a non-tangent line;
Thence South 76 degrees 29 minutes 01 seconds East, 30.00 feet to a non-tangent
curve, concave Northwest having a radius of 1200.00 feet which bears North 76
degrees 29 minutes 00 seconds West;
Thence along said curve to the right, thru delta angle of 19 degrees 23 minutes 03
seconds, an arc distance of 405.98 feet to a non-tangent line;
Thence South 57 degrees 05 minutes 57 seconds East, 30.00 feet to a non-tangent
curve, concave Southeast and having a radius of 20.00 feet which bears South 57
degrees 05 minutes 28 seconds East;
Thence along said curve to the right, thru delta angle of 87 degrees 22 minutes 44
seconds an arc distance of 30.50 feet to a non-tangent line;
Thence South 59 degrees 42 minutes 14 seconds East, 126.28 feet to a non-
tangent curve, concave Southwest and having a radius of 20.00 feet which bears
South 30 degrees 17 minutes 15 seconds West;
Thence along said curve to the right, thru delta angle of 90 degrees 00 minutes 00
seconds, an arc distance of 31.42 feet to a non-tangent line;
Thence South 59 degrees 42 minutes 14 seconds East, 50.00 feet;
Thence North 30 degrees 17 minutes 46 seconds East, 54.88 feet;
Thence South 65 degrees 16 minutes 26 seconds East, 150.49 feet;
Thence South 83 degrees 59 minutes 12 seconds East, 79.36 feet;
Thence North 89 degrees 59 minutes 02 seconds East, 767.85 feet;
Thence North 89 degrees 59 minutes 25 seconds East, 65.01 feet;
Thence South 00 degrees 00 minutes 32 seconds East, 604.82 feet;
EPS Group, Inc. • 1130 N. Alma School Rd, Suite 120 • Mesa, AZ 85201
Tel (480) 503-2250 • Fax (480) 503-2258
Thence South 89 degrees 59 minutes 25 seconds West, 277.18 feet to a non-
tangent curve, concave Northwest and having a radius of 55.00 feet which bears
North 73 degrees 54 minutes 07 seconds West;
Thence along said curve to the right, thru delta angle of 91 degrees 08 minutes 05
seconds, an arc distance of 87.48 feet to the beginning of a reverse curve, concave
Southerly and having a radius of 55.00 feet;
Thence along said curve to the left, thru delta angle of 17 degrees 20 minutes 29
seconds, an arc distance of 16.65 feet;
Thence South 89 degrees 53 minutes 29 seconds West, 570.20 feet to a tangent
curve, concave Northeasterly and having a radius of 1025.00 feet;
Thence along said curve to the right, thru delta angle of 20 degrees 21 minutes 16
seconds, an arc distance of 364.13 feet to the beginning of a reverse curve,
concave Southeasterly and having a radius of 21.00 feet;
Thence along said curve the left, thru delta angle of 81 degrees 49 minutes 20
seconds, an arc distance of 29.99 feet to the beginning of a reverse curve having a
radius of 225.00 feet;
Thence along said curve to the right, thru delta angle of 31 degrees 18 minutes 28
seconds, an arc distance of 122.94 feet to the beginning of a compound curve,
concave Northwesterly and having a radius of 1605.00 feet;
Thence along said curve to the right, thru delta angle of 05 degrees 30 minutes 16
seconds, an arc distance of 154.20 feet to the POINT OF BEGINNING.
Said overall portion of land contains 1,084,304 square
feet or 24.8922 acres, more or less, and being subject to
any easements, restrictions, and/or rights-of-ways of
record or otherwise.
This description shown hereon is not to be used to violate
subdivision regulations of the state, county and/or
municipality or any other land division restrictions.
NORTHERN AVENUE
NORTH
300
scale
600
feet
0
R1-8 RUPD PAD
1130 N. Alma School Rd.
Ste. 120 Mesa, AZ 85201
T:480.503.2250 | F:480.503.2258
www.epsgroupinc.com
EXHIBIT "A"
20-1596
WHITE TANK FOOTHILLS - R1-8 RUPD PAD ZONING
PERRYVILLE ROAD (ALIGNMENT)
CITRUS ROAD
SHEET 1 OF 2
LINE TABLE
CURVE TABLE
1130 N. Alma School Rd.
Ste. 120 Mesa, AZ 85201
T:480.503.2250 | F:480.503.2258
www.epsgroupinc.com
EXHIBIT "A"
20-1596
WHITE TANK FOOTHILLS - R1-8 RUPD PAD ZONING
SHEET 2 OF 2
EPS Group, Inc. • 1130 N. Alma School Rd, Suite 120 • Mesa, AZ 85201
Tel (480) 503-2250 • Fax (480) 503-2258
Exhibit “A”
WHITE TANK FOOTHILLS
R1-10 RUPD PAD Zoning
Job No. 20-1596
January 26, 2022
A portion of the South half of Section 34, Township 3 North, Range 2 West of the Gila
and Salt River Meridian, Maricopa County, Arizona, being more particularly described
as follows:
BEGINNING at a brass cap flush at the Southwest corner of said Section 34, from
which a 0.5” untagged rebar at the South quarter corner of said Section 34 bears
North 89 degrees 53 minutes 22 seconds East, 2642.16 feet (Basis of Bearing);
Thence along the West line of the Southwest quarter of said Section 34, North 00
degrees 02 minutes 33 seconds East, 330.05 feet;
Thence North 89 degrees 53 minutes 29 seconds East, 800.56 feet;
Thence North 89 degrees 05 minutes 04 seconds East, 355.04 feet;
Thence North 89 degrees 53 minutes 21 seconds East, 360.00 feet;
Thence North 80 degrees 48 minutes 21 seconds East, 275.73 feet;
Thence South 62 degrees 16 minutes 53 seconds East, 146.76 feet;
Thence North 28 degrees 23 minutes 23 seconds East, 70.57 feet;
Thence South 70 degrees 51 minutes 45 seconds East, 139.11 feet;
Thence South 86 degrees 27 minutes 43 seconds East, 65.50 feet;
Thence North 19 degrees 08 minutes 15 seconds East, 112.15 feet;
Thence South 72 degrees 31 minutes 54 seconds East, 54.40 feet;
Thence South 73 degrees 58 minutes 02 seconds East, 52.59 feet;
Thence South 75 degrees 22 minutes 42 seconds East, 52.59 feet;
Thence South 76 degrees 47 minutes 23 seconds East, 52.59 feet;
EPS Group, Inc. • 1130 N. Alma School Rd, Suite 120 • Mesa, AZ 85201
Tel (480) 503-2250 • Fax (480) 503-2258
Thence South 78 degrees 12 minutes 03 seconds East, 52.59 feet;
Thence South 79 degrees 36 minutes 44 seconds East, 52.59 feet;
Thence South 81 degrees 01 minutes 24 seconds East, 52.59 feet;
thence South 82 degrees 26 minutes 04 seconds East, 52.59 feet;
Thence South 83 degrees 50 minutes 45 seconds East, 52.59 feet;
Thence South 86 degrees 02 minutes 02 seconds East, 76.21 feet;
Thence North 89 degrees 53 minutes 29 seconds East, 403.34 feet;
Thence North 85 degrees 17 minutes 59 seconds East, 96.12 feet;
Thence North 83 degrees 03 minutes 05 seconds East, 49.50 feet;
Thence North 81 degrees 04 minutes 57 seconds East, 49.50 feet;
Thence North 79 degrees 06 minutes 49 seconds East, 49.50 feet;
Thence North 77 degrees 08 minutes 41 seconds East, 49.50 feet;
Thence North 75 degrees 10 minutes 33 seconds East, 49.50 feet;
Thence North 73 degrees 12 minutes 25 seconds East, 49.50 feet;
Thence North 71 degrees 14 minutes 16 seconds East, 49.50 feet;
Thence North 69 degrees 16 minutes 08 seconds East, 49.50 feet;
Thence North 67 degrees 18 minutes 00 seconds East, 49.50 feet;
Thence North 63 degrees 36 minutes 24 seconds East, 27.00 feet;
Thence South 24 degrees 43 minutes 13 seconds East, 165.63 feet to a non-tangent
curve, concave Northwesterly and having a radius of 1605.00 feet which the bears
North 24 degrees 45 minutes 13 seconds West;
EPS Group, Inc. • 1130 N. Alma School Rd, Suite 120 • Mesa, AZ 85201
Tel (480) 503-2250 • Fax (480) 503-2258
Thence along said curve to the left, thru delta angle of 05 degrees 30 minutes 55
seconds, an arc distance of 154.50 feet to the beginning of a compound curve,
concave Northwesterly and having a radius of 225.00 feet;
Thence along said curve to the left, thru delta angle of 31 degrees 18 minutes 28
seconds, an arc distance of 122.94 feet to the beginning of a reverse curve, concave
Southeasterly and having a radius of 21.00 feet;
Thence along said curve to the right, thru delta angle of 81 degrees 49 minutes 20
seconds, an arc distance of 29.99 feet to the beginning of a reverse curve, concave
Northeasterly and having a radius of 1025.00 feet;
Thence along said curve to the left, thru delta angle of 20 degrees 21 minutes 16
seconds, an arc distance of 364.13 feet;
Thence North 89 degrees 53 minutes 29 seconds East, 570.20 feet to a tangent
curve, concave Southwest and having a radius of 55.00 feet;
Thence along said curve to the right, thru delta angle of 17 degrees 20 minutes 29
seconds, an arc distance of 16.65 feet to the beginning of a reverse curve, concave
Northwest and having a radius of 55.00 feet;
Thence along said curve to the left, thru delta angle of 91 degrees 08 minutes 05
seconds, an arc distance of 87.48 feet to a non-tangent line;
Thence North 89 degrees 59 minutes 25 seconds East, 277.18 feet to a point on the
East line of the Southeast quarter of said section 34;
Thence along said East line of the Southeast quarter, South 00 degrees 00 minutes
32 seconds East, 444.17 feet to the Southeast corner of said Section 34;
Thence along the South line of the Southeast quarter, South 89 degrees 53 minutes
27 seconds West, 2641.31 feet to the South Quarter corner of said Section 34;
Thence along said South line of the Southwest quarter of Section 34, South 89
degrees 53 minutes 22 seconds West, 2642.16 feet to the POINT OF BEGINNING.
Said overall portion of land contains 1,934,512 square feet
or 44.4103 acres, more or less, and being subject to any
easements, restrictions, and/or rights-of-ways of record or
otherwise.
NORTHERN AVENUE
NORTH
300
scale
600
feet
0
R1-10 RUPD PAD
1130 N. Alma School Rd.
Ste. 120 Mesa, AZ 85201
T:480.503.2250 | F:480.503.2258
www.epsgroupinc.com
EXHIBIT "A"
20-1596
WHITE TANK FOOTHILLS - R1-10 RUPD PAD ZONING
PERRYVILLE ROAD (ALIGNMENT)
CITRUS ROAD
SHEET 1 OF 2
LINE TABLE
LINE TABLE
CURVE TABLE
LINE TABLE
1130 N. Alma School Rd.
Ste. 120 Mesa, AZ 85201
T:480.503.2250 | F:480.503.2258
www.epsgroupinc.com
EXHIBIT "A"
20-1596
WHITE TANK FOOTHILLS - R1-10 RUPD PAD ZONING
SHEET 2 OF 2
I:\TSM Traffic Development\1. Projects\North_West_Valley(North of I10_West of I17)\White Tank Foothills_Z2021050_Citrus Rd
and Northern Ave\1. Traffic Impact Studies\White Tank Foothills Phase 3_TS Review Comments - Review3 Revised May 24
2022.doc
MCDOT -- TRAFFIC ENGINEERING
REVIEW COMMENT SHEET
1 of 2
Project Name: White Tank Foothills Phase 3 – Revised Study May 25, 2022
Location: NW Corner of Northern Avenue and Citrus Rd, Phoenix, Arizona
MCDOT File No.: Z2021050
Date: May 26,2022
Reviewer: Laxmikanth Narwa, P.E.
Phone No.: 602-506-8677
Consultant: EPS Group
Project No.:
Plans Sealed By: Eric R. Maceyko, P.E.
Consultant Code:
A = Will Comply B = Deleted
C = Consultant to Evaluate
Item
Numbe
r
Sheet
Number
Comments
Consultant
Reply
= = =
1.
= = =
General
Figure 11/
Figure 12/
Table 7
5th REVIEW (TIS)
Consultant: Please use the code and respond to each comment in the
Consultant Reply Column. This sheet is for our record, please answer every
question and sign and date your acknowledgement or the plans will be
sent back to complete the process. Send back the marked-up plans and a
new set of plans along with this comment sheet. Thank you for your
cooperation.
= = = = = = = = = = = = = = = = = = = = = = = = = = = = = =
General Project Summary
The developer has submitted a revised TIS for Phase 3 development based on
a new proposed access on to Citrus Road. The current Study proposes
reduction of single-family dwelling units from 770 to 645.
The TIS is approved with the following stipulations:
2nd review comments response agreed by MCDOT must be implemented by
the developer.
As per the total buildout traffic volumes and buildout LOS presented in the
Study, at Citrus Road and proposed new access, developer must provide:
EB Right-turn lane with appropriate storage length calculated per
MCDOT TIS Manual Section 2.11. Minimum storage length per
MCDOT requirement is 160 feet.
EB Left-turn lane is projected to operate at LOS E, which doesn’t meet
the MCDOT requirement for LOS D or better. MCDOT requires proper
mitigation measures to bring this movement to desired LOS D or better
or as a minimum provide separate EB left-turn lane with a minimum
160 feet storage length.
Half street improvements for phase 3, on Citrus Rd shall include a
TWLTL.
At Citrus Road and Seldon Lane, developer must provide:
SB Right-turn lane with appropriate storage length calculated per
MCDOT TIS Manual Section 2.11 that will accommodate maximum
peak hour traffic volumes at buildout.
NB dual left-turn lanes with appropriate storage length calculated per
MCDOT TIS Manual Section 2.11 that will accommodate maximum
peak hour traffic volumes at buildout.
Since the intersection will be signalized in the future, left-turn lanes must
be provided for all approaches under developers’ responsibility.
Use CODE
"A", "B","C"
in this column
next to every
comment.
= = = =
I:\TSM Traffic Development\1. Projects\North_West_Valley(North of I10_West of I17)\White Tank Foothills_Z2021050_Citrus Rd
and Northern Ave\1. Traffic Impact Studies\White Tank Foothills Phase 3_TS Review Comments - Review3 Revised May 24
2022.doc
MCDOT -- TRAFFIC ENGINEERING
REVIEW COMMENT SHEET
2 of 2
Project Name: White Tank Foothills Phase 3 – Revised Study May 25,
2022
Location: NW Corner of Northern Avenue and Citrus Rd, Phoenix,
Arizona
MCDOT File No.: Z2021050
Date: May 26,2022
Reviewer: Laxmikanth Narwa, P.E.
Phone No.: 602-506-8677
Consultant: EPS Group
Project No.:
Plans Sealed By: Eric R. Maceyko, P.E.
Consultant Code:
A = Will Comply B = Deleted
C = Consultant to Evaluate
Item
Numbe
r
Sheet
Number
Comments
Consultant
Reply
= = =
= = =
Figure 11/
Figure 12/
Table 7
5th REVIEW (TIS)
Consultant: Please use the code and respond to each comment in the
Consultant Reply Column. This sheet is for our record, please answer every
question and sign and date your acknowledgement or the plans will be
sent back to complete the process. Send back the marked-up plans and a
new set of plans along with this comment sheet. Thank you for your
cooperation.
= = = = = = = = = = = = = = = = = = = = = = = = = = = = = =
Stipulations (Continued):
At Seldon Lane and 181st Avenue, developer must provide:
SB Left-turn lane with appropriate storage length calculated per MCDOT
TIS Manual Section 2.11 that will accommodate maximum peak hour
traffic volumes at buildout.
WB right-turn lane with appropriate storage length calculated per
MCDOT TIS Manual Section 2.11 that will accommodate maximum
peak hour traffic volumes at buildout.
NB right-turn lane with appropriate storage length calculated per
MCDOT TIS Manual Section 2.11 that will accommodate maximum
peak hour traffic volumes at buildout.
Signature: _____________________________________ Date: ___________
Use CODE
"A", "B","C"
in this column
next to every
comment.
= = = =
Subdivision, Infrastructure &
Planning Program
1001 N. Central Avenue #150
Phoenix, Arizona 85004
Phone: (602) 506-1058
Fax: (602) 506-5813
TDD 602 506 6704
Maricopa County
Environmental Services Department
Water and Waste Management Division
DATE:
TO :
FROM:
SUBJECT:
May 7, 2021
Martin Martell, Planning & Development Dept.
Planner
Souren Naradikian, P.E.
Senior Civil Engineer
White Tank Foothills. DMP2021001/Z2021050
The Maricopa County Environmental Services Department (MCESD) has reviewed
documents received from the Maricopa County Planning and Development Department
for the above referenced project. This application from Citrus & Lower Buckeye, LLC
("CLB") is requesting an amendment to the zoning of White Tank Foothills. The
amendment focuses on existing Phase 3 Parcels 3.11, 3.12, 3.13, and 3.14. The
amendment will rezone 232.28 gross acres (222.92 net acres) from R1-6 RUPD PAD,
R1-7 RUPD PAD, R1-8 RUPD PAD, R1-18 RUPD PAD, and RU-43 PAD to R1-6 RUPD
PAD, R1-7 RUPD PAD, and R1-10 RUPD PAD, to allow a single-family community
located at the northwest corner of Citrus Road and Northern Avenue in White Tank
Foothills Phase 3. Water will be provided by EPCOR, ATC must be obtained prior to
final plat approval. Sewer will be provided by City of Surprise, ATC must be obtained
prior to final plat approval.
Based on the above, MCESD raised no objection to this project to the Planning &
Development Department on May 7, 2021 and the project may proceed at this time
subject to the following stipulations:
Stipulations:
None
It should be noted that this document does not approve the referenced project.
Comments are provided only as advisory to Maricopa County Planning and
Development Department to assist staff to prepare a staff report. Other Maricopa
County agencies may have additional requirements. Final review and approval will be
made through Planning and Development Department procedures. Applicant may
need to submit separate applications to the Maricopa County Environmental Services
Department for approval of proposed facilities regulated by the Department. Review
of any such application will be based on regulations in force at the time of
application.
Tony Regis, PE
Planning & Development
301 W. Jefferson St., Suite 170
Phoenix, Arizona 85003
Phone: (602) 506-8790
www.maricopa.gov/planning
email address:
Tony.Regis@maricopa.gov
Maricopa County
Planning & Development Department
Engineering Plan Review
Date:
May 19, 2021
Memo To: Darren Gerard, AICP, Planning Manager, Department of Planning &
Development
Attn:
Martin Martell, Planner, Planning & Development Services
From:
Tony Regis, P.E., Plans Examiner Engineer, Planning & Development
Services
cc:
Michael Norris, P.E., Engineering Manager, Planning & Development
Subject:
Z2021050 – White Tank Foothills Phase 3; Zone Change (to R1-6, R1-
7, and R1-10 RUPD)
(E1 Memo)
Job Site Address: 18304 W Northern Ave, Waddell, AZ 85355
APN(s): 502-09-012P, R, and S; 503-09-014D & F; 502-09-890, 502-54-015, 502-
54-016, 502-54-017, 502-54-021, and 502-54-022
PND Engineering Plan Review (DPR, FCD and PND Transportation) has reviewed the
1st submittal of the Zone Change application routed for review on May 3, 2021, and
has no objections provided that the following condition is made part of any approval:
1. 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.
Please contact me if you have any questions or require any additional information.
Hello Martin, et al:
Brennan has worked with me and 3 other neighbors to help mitigate some of the impact of the
new entrance to White Tank Foothills phase 3. I no longer oppose the changes.
I would like to underscore the concern we have for changes to Citrus Road in the future,
however. We will need to thoughtfully consider its expansion to minimize the impact to the
residents that live along the road.
Thanks,
Kyle
2/26/2022
I no longer oppose White Tank Foothills development due to mitigations.
I have lived at 8113 N. Citrus Rd, Waddell, AZ 85355 for over 20 years. There is a great
concern with the high-density community, which will bring in a huge increase to the
traffic/noise levels to the already busy/race track, N. Citrus Rd. I hope the Board will
consider implementing a traffic design on N. Citrus Rd, which will lower the traffic, speed,
safety, and the potentials of Citrus Rd. being constructed next to the property lines of every
resident (Crystal Springs Community) that live on the eastside of N. Citrus Rd.
Thank you for your consideration,
Thomas Chin
8113 N. Citrus Rd, Waddell, AZ 85355
tommyc9450@gmail.com
Supervisor Hickman and whom this may concern,
As we know your time is valuable and we are assuming you have been barraged by
emails regarding this project, we wish to simply echo the sentiments contained in the
email below from White Tank Foothills residents Dennis and Brandy Ogorchock.
We understand you cannot make everybody happy all of the time, but we feel a
compromise was reached by the attorneys for the developer and those in attendance
back in early May.
Thank you to you, your staff and the entire Commission for your patience and
consideration.
Sincerely,
Steve and Suzan Burger
18018 W Royal Palm Road
Waddell, AZ 85355
Supervisor Hickman and whom this may concern,
My wife Brandy and I had previously written an email to you on March 8th 2022, in opposition
to the Rezone project in our community in White Tank Foothills as we live within the 300 foot
area from the new development in Phase 3. However after getting very involved in this process
and being selected by Frank Scaglione along with two other couples to represent the
homeowners in White Tank Foothills, during several meetings we now feel differently. We were
in attendance at the most recent 2 meetings between the 4 couples, the Developers Attorneys,
and your Chief of Staff, Scott Isham. We were able to see first hand all of the concessions that
have been made by the developer to accommodate almost all of the concerns that homeowners
had. At the end of the second meeting all parties were in full agreement. Your Chief of Staff
Scott Isham took the time to come out to our home and several others to see our concerns
firsthand. Scott has truly gone above and beyond in our opinion and has been a great mediator
during this process. Somehow the wheels fell off of this agreed upon plan and Frank made a
unilateral decision to change his mind and continue to fight the development before speaking
to anyone in the community or the small chosen group.
I believe a small portion of our neighbors have emailed you with some support on the existing
plan after we had the opportunity to take the time to speak to them and give them a very full
picture of all the important information and changes the developer made, including showing
them the proposed plans without information being partially withheld by Frank.
Every neighbor that we spoke to and were able to fully educate on the entire scenario of the
new development was agreeable to what was being proposed. We know that our support may
not equal the amount of opposition emails you are receiving from the community as a whole,
but it is still our belief that once others truly know how much the developers have already
conceded to most of the neighborhoods requests, they will agree with what we feel has now
become at the least a very fair compromise on everyone’s behalf.
Unfortunately, Frank has not been completely honest with the community and has been
conveniently leaving out key details of the developers proposal and only highlighting negative
aspects of the facts in order to press forward with his personal agenda of a lawsuit against
section 2.4 being removed from our CC&R’s by the amendment that was filed last year. We are
very familiar with this issue as it was us who made Frank aware of its’ existence in the first place
when we were still working with him.
A majority of the opposition you are still receiving is not due to a truly bad development plan
but more because of the effort being spearheaded by the local neighborhood liaison. Most
certainly there is a reason for opposition in many different cases and everyone has their own
individual concerns, but most neighbors are simply following Frank’s lead and he is not sharing
all of the pertinent information with everyone. He has gotten into several arguments via email
with neighbors and has single handedly decided to remove certain homeowners from the
neighborhood information email chain when they do not agree with him. This has not been
productive and doesn’t seem fair to all parties involved.
From our perspective the developers gave considerable concessions and were doing exactly
what was being asked of them by you, to work with the community and resolve the issues fairly
over the last year. Negotiations work that way and everyone needs to give a bit, possibly leaving
them with no one being completely happy.
In a perfect world section 2.4 would not have been removed and we would have the 390 homes
+10% and planning and zoning wouldn’t have approved 770+ homes, but we are reasonable
and realize that times change. Maricopa County is growing at a pace that is hard to keep up
with and families needs are changing. The developers need to provide those options as well. As
Arizona Natives we have seen a lot of changes over the years and they are to be expected.
The developers have accommodated requested exit roads, wider lots behind existing homes to
help with the flow of the community, a buffer zone for 2 story houses, and much more. To say
that WTF is not high density already is not exactly factual. The northwest region of our
community, along with the two new parcels on the border of Citrus already consist of smaller
lots and the developer seems to be transitioning the new smaller lot sizes in phase 3 away from
the larger preexisting lots as well.
The bottom line is that while we love the quiet of our community we always knew homes were
slated to be built behind our property. The fact that these developers have given so many
assurances to the community and seem to at least care about making decisions based on what
the neighbors are requesting is a positive thing and if this plan falls through we fear the
unknown of what may end up being built directly behind our home. On your end there certainly
is no way to make our neighborhood and all the surrounding communities happy as we all have
different concerns, but the current proposed plan could be much worse. We support the Board
of Supervisors approving this plan as it was presented to us with the most recent changes.
Thank you for your time and consideration. It is a good feeling knowing that our voices and
opinions matter to you when making this very difficult decision for the best interest of our Small
West Valley Community.
Sincerely,
Dennis and Brandy Ogorchock
18165 W. Las Palmaritas Dr.
Waddell, AZ. 8535
Please be advised that Joe Wilson and John Edwards/ 8125 N. Citrus Rd. do not oppose
correction of concerns we all had regarding the proposed development across the street
from our property 623.872.1829.
Supervisor Hickman and whom this may concern,
My wife Brandy and I had previously written an email to you on March 8th 2022, in opposition
to the Rezone project in our community in White Tank Foothills as we live within the 300 foot
area from the new development in Phase 3. However after getting very involved in this process
and being selected by Frank Scaglione along with two other couples to represent the
homeowners in White Tank Foothills, during several meetings we now feel differently. We were
in attendance at the most recent 2 meetings between the 4 couples, the Developers Attorneys,
and your Chief of Staff, Scott Isham. We were able to see first hand all of the concessions that
have been made by the developer to accommodate almost all of the concerns that homeowners
had. At the end of the second meeting all parties were in full agreement. Your Chief of Staff
Scott Isham took the time to come out to our home and several others to see our concerns
firsthand. Scott has truly gone above and beyond in our opinion and has been a great mediator
during this process. Somehow the wheels fell off of this agreed upon plan and Frank made a
unilateral decision to change his mind and continue to fight the development before speaking
to anyone in the community or the small chosen group.
I believe a small portion of our neighbors have emailed you with some support on the existing
plan after we had the opportunity to take the time to speak to them and give them a very full
picture of all the important information and changes the developer made, including showing
them the proposed plans without information being partially withheld by Frank.
Every neighbor that we spoke to and were able to fully educate on the entire scenario of the
new development was agreeable to what was being proposed. We know that our support may
not equal the amount of opposition emails you are receiving from the community as a whole,
but it is still our belief that once others truly know how much the developers have already
conceded to most of the neighborhoods requests, they will agree with what we feel has now
become at the least a very fair compromise on everyone’s behalf.
Unfortunately, Frank has not been completely honest with the community and has been
conveniently leaving out key details of the developers proposal and only highlighting negative
aspects of the facts in order to press forward with his personal agenda of a lawsuit against
section 2.4 being removed from our CC&R’s by the amendment that was filed last year. We are
very familiar with this issue as it was us who made Frank aware of its’ existence in the first place
when we were still working with him.
A majority of the opposition you are still receiving is not due to a truly bad development plan
but more because of the effort being spearheaded by the local neighborhood liaison. Most
certainly there is a reason for opposition in many different cases and everyone has their own
individual concerns, but most neighbors are simply following Frank’s lead and he is not sharing
all of the pertinent information with everyone. He has gotten into several arguments via email
with neighbors and has single handedly decided to remove certain homeowners from the
neighborhood information email chain when they do not agree with him. This has not been
productive and doesn’t seem fair to all parties involved.
From our perspective the developers gave considerable concessions and were doing exactly
what was being asked of them by you, to work with the community and resolve the issues fairly
over the last year. Negotiations work that way and everyone needs to give a bit, possibly leaving
them with no one being completely happy.
In a perfect world section 2.4 would not have been removed and we would have the 390 homes
+10% and planning and zoning wouldn’t have approved 770+ homes, but we are reasonable
and realize that times change. Maricopa County is growing at a pace that is hard to keep up
with and families needs are changing. The developers need to provide those options as well. As
Arizona Natives we have seen a lot of changes over the years and they are to be expected.
The developers have accommodated requested exit roads, wider lots behind existing homes to
help with the flow of the community, a buffer zone for 2 story houses, and much more. To say
that WTF is not high density already is not exactly factual. The northwest region of our
community, along with the two new parcels on the border of Citrus already consist of smaller
lots and the developer seems to be transitioning the new smaller lot sizes in phase 3 away from
the larger preexisting lots as well.
The bottom line is that while we love the quiet of our community we always knew homes were
slated to be built behind our property. The fact that these developers have given so many
assurances to the community and seem to at least care about making decisions based on what
the neighbors are requesting is a positive thing and if this plan falls through we fear the
unknown of what may end up being built directly behind our home. On your end there certainly
is no way to make our neighborhood and all the surrounding communities happy as we all have
different concerns, but the current proposed plan could be much worse. We support the Board
of Supervisors approving this plan as it was presented to us with the most recent changes.
Thank you for your time and consideration. It is a good feeling knowing that our voices and
opinions matter to you when making this very difficult decision for the best interest of our Small
West Valley Community.
Sincerely,
Dennis and Brandy Ogorchock
18165 W. Las Palmaritas Dr.
Waddell, AZ. 8535
Maricopa County,
We are strongly opposed to this Rezoning Request for the following reasons:
• The proposed rezone will double the approved density from 390 homes to 654 homes. This higher
density with smaller lots is NOT COMPATIBLE with the original approved plan for WTF Phase 3.
• Approving this Rezone will DISRUPT the transition of density. The proposed Rezone includes mostly
SMALLER and NARROWER lots that conflict with the original neighborhood plan.
• White Tank Foothills is unique with mid-size lots offering room for private yard space, pools, and other
amenities. We are not a high-density community like Marley Park or Verrado with small lots and
community club-style amenities.
• This density is much too high for our neighborhood and was not part of the original approved plan for
WTF Phase 3 when we built our homes.
Please share our strong opposition with your team, including County Staff and the Board of
Supervisors. We will continue to fight this Rezone, and we will be attending all public hearings. We
appreciate your consideration and request denial of this Rezone.
Sincerely,
Kari Dory
18625 W. Golden Lane
Waddell, AZ 85635
520-226-8890
Maricopa County,
We are strongly opposed to this Rezoning Request for the following reasons:
•
The proposed rezone will double the approved density from 390 homes to 654 homes. This
higher density with smaller lots is NOT COMPATIBLE with the original approved plan for WTF
Phase 3.
•
Approving this Rezone will DISRUPT the transition of density. The Proposed Rezone includes
mostly SMALLER and NARROWER lots that conflict with the original neighborhood plan.
•
With Tank Foothills is unique with mid-size lots offering room for private yard space, pools, and
other amenities. We are not a high-density community like Marley Park or Verrado with small
lots and community club-style amenities.
•
This density is much too high for our neighborhood and was not a part of the original approved
plan fro WTF Phase 3 when we built our homes.
Please share our strong opposition with your team, including County Staff and the Board of Supervisors.
We will continue to fight this Rezone, and we will be attending all public hearings.
Sincerely,
Sean and Kimberly Kerr
18263 W Ruth Ave
Waddell, Az 85355
623-225-8781
To Whom This May Concern,
I am strongly opposed to this Rezoning Request for the following reasons:
1. The proposed rezone will double the approved density from 390 homes to 654 homes.
This
higher density with smaller lots is NOT COMPATIBLE with the original approved plan for WTF
Phase 3. This will create a huge strain on the existing infrastructure of the community that
was designed for a certain number of houses originally for the streets, traffic, sewage
systems, water systems, public safety, etc.
2. Approving this Rezone will DISRUPT the transition of density. The proposed Rezone
includes
mostly SMALLER and NARROWER lots that conflict with the original neighborhood plan which
will dramatically affect property owners with larger house footprints for comparable real
estate valuation.
3. White Tank Foothills is unique with mid-size lots offering room for private yard space,
pools,
and other amenities. We are not a high-density community like Marley Park or Verrado with
small lots and community club-style amenities. We purchased our property in 2007 for
primary reasons being that the lots were of larger size which would provide lower density,
thus reducing congestion on the streets and in the parks, as well as noise from neighbors.
4. There is also a proposal for townhomes near the northwest corner of Olive and Citrus as
well. Between the lost commercial pads from the original master planned community, as
well as adding high density houses to those parcels, along with these new additions to
houses in Phase 3, the overall community will have lost its original intent completely, which
is the primary reason many people had moved in to this community in the first place.
Please share our strong opposition with your team, including County Staff and the Board of
Supervisors. We will continue to fight this Rezone, and we will be attending all public
hearings.
We appreciate your consideration and request denial of this Rezone.
Thanks,
geoff a markowski, p.e.
g-mar, llc
18223 west orchid lane
waddell, arizona 85355
cell: 602.524.7877
Maricopa County,
We are strongly opposed to this refining request for the following reasons:
The proposed rezone will double the approved density from 390 homes to 654 homes. This higher
density with smaller lots is NOT compatible with the original approved plan for WTF phase 3.
Approving this rezone will DISRUPT the transition of density. The proposed rezone includes mostly
SMALLER and NARROWER lots that conflict with the original neighborhood plan.
White Tank Foothills is unique with mid-size lots offering room for private yard space, pools, and other
amenities.
WE ARE NOT A HIGH DENSITY COMMUNITY like Marley Park or Verrado with small lots and community
club style amenities.
This density is much too high for our neighborhood and was not part of the original approved plan for
WTF Phase 3 when I built my home.
We love our neighborhood. Please help us to maintain an open and peace place for families. We are
already impacted by high development on all sides. Smaller homes and lots do not reflect the integrity
of our current neighborhood. We do not have the proper infrastructure to support the proposed
density.
Please share our very strong opposition to the increased number of homes proposed for building with
your team, including the county staff, and the Board of Supervisors. We will continue to fight this rezone
and will attend all public hearings.
Thank you for your time and careful consideration in opposing this rezoning.
Sincerely,
Melanie and Steven Colla
18003 W Alice Ave
Waddell, AZ 85355
(858) 248-6898
Maricopa County,
We are strongly opposed to this Rezoning Request for the following reasons:
•
The proposed rezone will double the originally approved density from 390 homes to 654 homes.
This higher density with smaller lots is NOT COMPATIBLE with the originally approved plan for
White Tank Foothills Phase 3.
•
Approving this Rezone will DISRUPT the transition of density. The newly proposed Rezone plan
includes mostly smaller and narrower lots that conflict with the original neighborhood plan.
•
White Tank Foothills is unique with its mid-size lots that offer more room for private yard space,
pools and other amenities. We are NOT a high-density community like Marley Park or Verrado
with small lots and community club-style amenities.
•
This density is much too high for our neighborhood and was NOT part of the originally approved
plan that was promised to those who purchased homes in this neighborhood. The builder must
honor the originally approved plan for White Tank Foothills Phase 3 that we were promised
when we bought our homes. This new plan would significantly reduce our quality of life with
increased noise and air pollution. We moved to this neighborhood because of the higher quality
of life and this new plan will reduce that.
•
I understand that the builder sees an opportunity to double his income, but it should not be
done immorally. If he plans to build high density neighborhoods in the future, the residents
need to be aware of that in advance. Plans should not be changed afterwards.
Please share our strong opposition with your team, including County Staff and the Board of Supervisors.
We will continue to right this rezone, and will be attending all public hearings. We appreciate your
consideration and request a denial of this rezone request.
Sincerely,
Jill and Ronald Zdan
18012 W Lawrence Ln
Waddell, AZ 85355
928-460-3305
Maricopa County,
We are strongly opposed to this Rezoning Request for the following reasons:
•
The proposed rezoning will double the approved density from 390 to 654 homes. This higher
density with smaller lots is NOT COMPATIBLE with the original approved plan for WTF Phase 3.
•
Approving this rezone will disrupt the transition of density. The proposed rezone includes mostly
SMALLER and NARROWER lots that conflict with the original neighborhood plan.
•
White Tank Foothills is unique with mid-size lots offering room for private yard space, pools, and
other amenities. We are not a high-density community like Marley Park or Verrado, with
small lots and community club-style amenities.
•
This density is much too high for our neighborhood and was not part of the original approved
plan for WTF Phase 3 when we built our homes.
Please share our strong opposition with your team, including County Staff and the Board of
Supervisors. We will continue to fight this Rezone, and we will be attending all public hearings.
We appreciate your consideration and request denial of this Rezone.
Sincerely
Mauricio Rivera
18153 W Orchid Ln
Waddell, AZ 85355
602.488.8917
OPPOSITION TO DMP2021001 & Z2021050- white Tank Foothills PH 3 Rezone
Maricopa County,
We are strongly opposed to this rezoning Request for the following reasons:
· The proposed rezone will double the approved density from 390 homes to 654
homes. This higher density with the smaller lots is NOT COMPATIBLE with the original
approved plan for the WTF Phase 3.
· Approving this rezone will DISRUPT the transition of density. The proposed
rezone includes mostly SMALLER and NARROWER lots that will conflict with the
original nationhood plan.
· White tank foothills is unique with mid-sized lot offering room for private yard
space, pools and other amenities. We are not a high-density community like Marley
Park or Verrado with small lots and community club-style amenities.
· This density is much too high for our nationhood and not part of the original
approved plan for WTF Phase 3 when we built our homes
Please share our strong opposition with your team, including County Staff and the
Board of Supervisors. We will continue to fight this rezone, and will be attending all
public hearing. We appreciate your consideration and request denial of this Rezone.
Sincerely,
Godwin & Milian Ikeji
18156 W Diana Av
Waddell AZ 85355
602-910-9819.
From: Jen Pokorski (COA)
Sent: Friday, June 3, 2022 1:11 PM
To: 'kyle.burbank88@gmail.com' <kyle.burbank88@gmail.com>
Cc: Scott Isham (BOS) <SCOTT.ISHAM@Maricopa.Gov>; Clint Hickman (BOS)
<CLINT.HICKMAN@Maricopa.Gov>; 'Brennan Ray' <BRay@bcattorneys.com>; 'tom.bilsten@gmail.com'
<tom.bilsten@gmail.com>; 'Jkalcic26@yahoo.com' <Jkalcic26@yahoo.com>; 'jedwards74@cox.net'
<jedwards74@cox.net>; 'tommyc9450@hotmail.com' <tommyc9450@hotmail.com>
Subject: FW: White Tank Foothills
Mr. Burbank –
Scott Isham shared your email with me and asked me to further research the possibility of
the intersection being signalized in the future.
Several intersection configuration options have been proposed and analyzed during the
rezoning process, including right in/right out; left turns in only (restrict lefts out); and full
movement. Based on the projected traffic volumes, none of these options will warrant a
signal now or in the foreseeable future. The peak hour volume for left turns from Harmont
during the AM and PM rush hours is 28 and 15 cars respectively.
An intersection with full movement would require the half street improvements constructed
by the developer to be striped for a two-way left turn lane. A two-way turn lane would
provide a safe space for White Tanks Foothills residents to make left turns onto Harmont or
for residents on the east side of Citrus to make left turns into their driveways.
Your email and preference for a stipulation of Harmont being right in/right out only will be
added to the official zoning case file.
Thank you for sharing your concerns.
Let me know if I can provide any additional information,
Jen
Jennifer Pokorski, AICP
Assistant County Manager
301 W. Jefferson St., Suite 170, Phoenix, AZ 85003
Desk: 602-372-0688 | Cell: 602-359-5479
Jen.Pokorski@Maricopa.gov
From: Kyle <kyle.burbank88@gmail.com>
Sent: Thursday, June 2, 2022 12:51 PM
To: Scott Isham (BOS)
<Scott.Isham@Maricopa.Gov>; bray@bcattorneys.com; tom.bilsten@gmail.com; Jkalcic26@yahoo.com;
jedwards74@cox.net; tommyc9450@hotmail.com; Clint Hickman (BOS)
<Clint.Hickman@Maricopa.Gov>
Subject: White Tank Foothills
Clint, Scott, Brennan, et al:
I spoke with Scott from the BOS and he informed me that the latest plan allots for Harmont Dr. to be a
full signaled intersection in the future as opposed to a right in/right out. Neighbors on Citrus and some
in WTFI can not support this plan. We do not want a full intersection (full movement) on Citrus and
Harmont Drive.
This raises safety issues and greatly impacts our properties with negative externalities, especially if there
is potential to have a signal installed. When we agreed to the plan and financial incentives to help with
buffering/screening, Harmont drive did not have the potential of being signaled. I have not been in the
loop on this until recently and I apologize for the late notice.
I understand that there are competing interests and White Tank Foothills residents do not want all of
the traffic on White Tank Mountain Blvd as it was designed, but we strongly protest Harmont Dr. being
an "entrance" to White Tank Foothills. In our wishes, White Tank Mountain Blvd. and its loop should be
more than a "side street" to Harmont Dr. and the loop should remain. There are going to be additional
movements but dumping them mostly to Citrus is not appropriate. We concede to right in/right out. In a
perfect world we would prefer not having Harmont drive as many original homeowners on Citrus and in
WTF1 never imagined that there would be a street there.
I would ask that if the rezoning is approved that we have a stipulation of Harmont being right in/right
out only and leave the traffic circle on the intersection of Harmont Dr. and White Tank Mountain Blvd. In
speaking with Brennan on this he was not opposed, though I will let him speak for himself.
Thank you in advance for your consideration and partnership in finding an optimal solution for the
homeowners of this area! We are not opposed to development, we just want it done in such a way that
it can be acceptable for all involved property owners.
Kyle Burbank
623-980-4038
Maricopa County,
• Last year, the Developer and his Attorney fraudulently amended Section 2.4 of our White Tank Foothills CC&R
(Covenants, Conditions and Restrictions), which states that the Developer shall not change the lot count by more than
10% without notifying the homeowners. The Developer deleted this 10% restriction and DID NOT NOTIFY US! This is
fraudulent and part of their malicious strategy to request more than the 10% allowed by our original governing
documents. Without this illegally gotten unenforceable amendment, the Developer could only build 10%, or 39 additional
homes for a total of 429 homes in WTF Phase 3.
• The proposed Rezone will increase lots by 59% over the approved density from 390 homes to 657 homes. This
is inconsistent with the currently approved zoning for WTF Phase 3.
• Approving this Rezone will disrupt the transition of density. No lots in WTF Phase 3 should be narrower than
60-feet wide.
• White Tank Foothills is unique with mid-size lots offering room for private yard space, pools, and other
amenities. We are not a high-density community like Marley Park or Verrado with small lots and community club-
style amenities.
• This density is much too high for our neighborhood and was not part of the 2003 approved neighborhood plan
which was in place when we built our homes. We offered a compromise to the developer of one half of their proposed
380 lot additions but they refused that compromise offer so we took it of the table.
• Remember, 77.4% of all homeowners within 300 feet of the Phase 3 development signed our petition to reduce
the number of lots built in Phase 3 closer to the 429 allowed by the CC&R’s. That is not an insignificant
participation number.
The Board of Supervisors should not encourage the unilateral change to CC&R’s that are a contract with
homeowners in Arizona. Without notice, how can we the homeowners know when the one-year challenge time
period starts? This is the second time they have done this. We did not know about the first time and the one-year
challenge period ended without challenge. The recent Arizona Supreme Court decision in Kalway v Calabria Ranch HOA
we believe has application here and the developer's unilateral amendment is unenforceable.
Please share our opposition with your team, including County Staff, Planning and Zoning Commissioners. We will be
attending the public hearing and we appreciate your consideration to deny this Rezone.
Sincerely,
Albert Tatu III
18129 W Las Palmaritas Dr
Waddell, AZ 85355
949-466-5672
Maricopa County,
I know that you "you know" this is a form letter, but please understand that myself and my neighbors feel
strongly about this matter. Please do not allow this developer to change our CC&R's so they can exploit
neighborhood and put more money in their packets.
· Last year, the Developer and his Attorney fraudulently amended Section 2.4 of our White Tank Foothills CC&R
(Covenants, Conditions and Restrictions), which states that the Developer shall not change the lot count by more than
10% without notifying the homeowners. The Developer deleted this 10% restriction and DID NOT NOTIFY US! This is
fraudulent and part of their malicious strategy to request more than the 10% allowed by our original governing
documents. Without this illegally gotten unenforceable amendment, the Developer could only build 10%, or 39
additional homes for a total of 429 homes in WTF Phase 3.
· The proposed Rezone will increase lots by 59% over the approved density from 390 homes to 657 homes. This
is inconsistent with the currently approved zoning for WTF Phase 3.
· Approving this Rezone will disrupt the transition of density. No lots in WTF Phase 3 should be narrower than
60-feet wide.
· White Tank Foothills is unique with mid-size lots offering room for private yard space, pools, and other
amenities. We are not a high-density community like Marley Park or Verrado with small lots and community club-
style amenities.
· This density is much too high for our neighborhood and was not part of the 2003 approved neighborhood plan
which was in place when we built our homes. We offered a compromise to the developer of one half of their
proposed 380 lot additions but they refused that compromise offer so we took it of the table.
· Remember, 77.4% of all homeowners within 300 feet of the Phase 3 development signed our petition to reduce
the number of lots built in Phase 3 closer to the 429 allowed by the CC&R’s. That is not an insignificant participation
number.
The Board of Supervisors should not encourage the unilateral change to CC&R’s that are a contract with homeowners
in Arizona. Without notice, how can we the homeowners know when the one-year challenge time period starts? This
is the second time they have done this. We did not know about the first time and the one-year challenge period
ended without challenge. The recent Arizona Supreme Court decision in Kalway v Calabria Ranch HOA we believe has
application here and the developer's unilateral amendment is unenforceable.
Please share our opposition with your team, including County Staff, Planning and Zoning Commissioners. We will be
attending the public hearing and we appreciate your consideration to deny this Rezone.
Sincerely,
Allen Dickinson
7836 N 181st Avenue
Waddell, AZ 85355
480-432-6481
Maricopa County,
Last year, the Developer and his Attorney fraudulently amended Section 2.4 of our White Tank Foothills
CC&R (Covenants, Conditions and Restrictions), which states that the Developer shall not change the lot
count by more than 10% without notifying the homeowners. The Developer deleted this 10% restriction and
DID NOT NOTIFY US! This is fraudulent and part of their malicious strategy to request more than the 10%
allowed by our original governing documents. Without this illegally gotten unenforceable amendment, the
Developer could only build 10%, or 39 additional homes for a total of 429 homes in WTF Phase 3.
•
The proposed Rezone will increase lots by 59% over the approved density from 390 homes to
657 homes. This is inconsistent with the currently approved zoning for WTF Phase 3.
•
Approving this Rezone will disrupt the transition of density. No lots in WTF Phase 3 should be
narrower than 60-feet wide.
•
White Tank Foothills is unique with mid-size lots offering room for private yard space, pools, and
other amenities. We are not a high-density community like Marley Park or Verrado with small
lots and community club-style amenities.
•
This density is much too high for our neighborhood and was not part of the 2003 approved
neighborhood plan which was in place when we built our homes. We offered a compromise to
the developer of one half of their proposed 380 lot additions but they refused that compromise
offer so we took it of the table.
•
Remember, 77.4% of all homeowners within 300 feet of the Phase 3 development signed our
petition to reduce the number of lots built in Phase 3 closer to the 429 allowed by the
CC&R’s. That is not an insignificant participation number.
The Board of Supervisors should not encourage the unilateral change to CC&R’s that are a contract with
homeowners in Arizona. Without notice, how can we the homeowners know when the one-year challenge
time period starts? This is the second time they have done this. We did not know about the first time and the
one-year challenge period ended without challenge. The recent Arizona Supreme Court decision in Kalway
v Calabria Ranch HOA we believe has application here and the developer's unilateral amendment is
unenforceable.
Please share our opposition with your team, including County Staff, Planning and Zoning
Commissioners. We will be attending the public hearing and we appreciate your consideration to deny
this Rezone.
Sincerely,
Andrew & Bobbi Plante
602-292-3785
8626 N White Tanks Vista Ct
Waddell, AZ 85355
Subject: OPPOSITION to DMP2021001 & Z2021050 – White Tank Foothills Ph. 3
Martin Martell,
· Last year, the Developer and his Attorney fraudulently amended Section 2.4 of our White Tank Foothills CC&R
(Covenants, Conditions and Restrictions), which states that the Developer shall not change the lot count by more than
10% without notifying the homeowners. The Developer deleted this 10% restriction and DID NOT NOTIFY US! This is
fraudulent and part of their malicious strategy to request more than the 10% allowed by our original governing
documents. Without this illegally gotten unenforceable amendment, the Developer could only build 10%, or 39
additional homes for a total of 429 homes in WTF Phase 3.
· The proposed Rezone will increase lots by 59% over the approved density from 390 homes to 657 homes. This
is inconsistent with the currently approved zoning for WTF Phase 3.
· Approving this Rezone will disrupt the transition of density. No lots in WTF Phase 3 should be narrower than
60-feet wide.
· White Tank Foothills is unique with mid-size lots offering room for private yard space, pools, and other
amenities. We are not a high-density community like Marley Park or Verrado with small lots and community club-
style amenities.
· This density is much too high for our neighborhood and was not part of the 2003 approved neighborhood plan
which was in place when we built our homes. We offered a compromise to the developer of one half of their
proposed 380 lot additions but they refused that compromise offer so we took it of the table.
· Remember, 77.4% of all homeowners within 300 feet of the Phase 3 development signed our petition to reduce
the number of lots built in Phase 3 closer to the 429 allowed by the CC&R’s. That is not an insignificant
participation number.
The Board of Supervisors should not encourage the unilateral change to CC&R’s that are a contract with
homeowners in Arizona. Without notice, how can we the homeowners know when the one-year challenge
time period starts? This is the second time they have done this. We did not know about the first time and the
one-year challenge period ended without challenge. The recent Arizona Supreme Court decision in Kalway
v Calabria Ranch HOA we believe has application here and the developer's unilateral amendment is unenforceable.
Please share our opposition with your team, including County Staff, Planning and Zoning Commissioners. We will be
attending the public hearing and we appreciate your consideration to deny this Rezone.
Sincerely,
Randy & Sara George
8825 N 180th Dr
Waddell, AZ 85355
520-208-1939
Maricopa County,
• Last year, the Developer and his Attorney fraudulently amended Section 2.4 of our White Tank
Foothills CC&R (Covenants, Conditions and Restrictions), which states that the Developer shall not change
the lot count by more than 10% without notifying the homeowners. The Developer deleted this 10% restriction
and DID NOT NOTIFY US! This is fraudulent and part of their malicious strategy to request more than the 10%
allowed by our original governing documents. Without this illegally gotten unenforceable amendment, the
Developer could only build 10%, or 39 additional homes for a total of 429 homes in WTF Phase 3.
• The proposed Rezone will increase lots by 59% over the approved density from 390 homes to 657
homes. This is inconsistent with the currently approved zoning for WTF Phase 3.
• Approving this Rezone will disrupt the transition of density. No lots in WTF Phase 3 should be
narrower than 60-feet wide.
• White Tank Foothills is unique with mid-size lots offering room for private yard space, pools, and
other amenities. We are not a high-density community like Marley Park or Verrado with small lots and
community club-style amenities.
• This density is much too high for our neighborhood and was not part of the 2003 approved
neighborhood plan which was in place when we built our homes. We offered a compromise to the
developer of one half of their proposed 380 lot additions but they refused that compromise offer so we
took it off the table.
• Remember, 77.4% of all homeowners within 300 feet of the Phase 3 development signed our petition
to reduce the number of lots built in Phase 3 closer to the 429 allowed by the CC&R’s. That is not an
insignificant participation number.
The Board of Supervisors should not encourage the unilateral change to CC&R’s that are a contract with
homeowners in Arizona. Without notice, how can we the homeowners know when the one-year
challenge time period starts? This is the second time they have done this. We did not know about the
first time and the one-year challenge period ended without challenge. The recent Arizona Supreme Court
decision in Kalway v Calabria Ranch HOA we believe has application here and the developer's unilateral
amendment is unenforceable.
Please share our opposition with your team, including County Staff, Planning and Zoning
Commissioners. We will be attending the public hearing and we appreciate your consideration to deny
this Rezone.
Sincerely,
Arnie Sinclair
PRESIDENT
o: (320) 587-4030 ext: 1205
c: (612)-718-7943
Maricopa County,
• Last year, the Developer and his Attorney fraudulently amended Section 2.4 of our White Tank
Foothills CC&R (Covenants, Conditions and Restrictions), which states that the Developer shall not change
the lot count by more than 10% without notifying the homeowners. The Developer deleted this 10% restriction
and DID NOT NOTIFY US! This is fraudulent and part of their malicious strategy to request more than the 10%
allowed by our original governing documents. Without this illegally gotten unenforceable amendment, the
Developer could only build 10%, or 39 additional homes for a total of 429 homes in WTF Phase 3.
• The proposed Rezone will increase lots by 59% over the approved density from 390 homes to 657
homes. This is inconsistent with the currently approved zoning for WTF Phase 3.
• Approving this Rezone will disrupt the transition of density. No lots in WTF Phase 3 should be
narrower than 60-feet wide.
• White Tank Foothills is unique with mid-size lots offering room for private yard space, pools, and
other amenities. We are not a high-density community like Marley Park or Verrado with small lots and
community club-style amenities.
• This density is much too high for our neighborhood and was not part of the 2003 approved
neighborhood plan which was in place when we built our homes. We offered a compromise to the
developer of one half of their proposed 380 lot additions but they refused that compromise offer so we
took it of the table.
• Remember, 77.4% of all homeowners within 300 feet of the Phase 3 development signed our petition
to reduce the number of lots built in Phase 3 closer to the 429 allowed by the CC&R’s. That is not an
insignificant participation number.
The Board of Supervisors should not encourage the unilateral change to CC&R’s that are a contract with
homeowners in Arizona. Without notice, how can we the homeowners know when the one-year
challenge time period starts? This is the second time they have done this. We did not know about the
first time and the one-year challenge period ended without challenge. The recent Arizona Supreme Court
decision in Kalway v Calabria Ranch HOA we believe has application here and the developer's unilateral
amendment is unenforceable.
Please share our opposition with your team, including County Staff, Planning and Zoning
Commissioners. We will be attending the public hearing and we appreciate your consideration to deny
this Rezone.
Sincerely,
Cindy Tatu
18129 W Las Palmaritas Dr
Waddell, AZ 85355
Maricopa County,
• Last year, the Developer and his Attorney without notice amended Section 2.4 of our White Tank
Foothills CC&R (Covenants, Conditions and Restrictions), which states that the Developer shall not change
the lot count by more than 10% without notifying the homeowners. The Developer deleted this 10% restriction
and again DID NOT NOTIFY US of this change. We strongly disagree with the lack of transparency with this
strategic approach in their attempt to request more than the 10% allowed by our original governing
documents. Without this inappropriate and unenforceable amendment, the Developer could only build 10%, or 39
additional homes for a total of 429 homes in WTF Phase 3.
• The proposed Rezone will increase lots by 59% over the approved density from 390 homes to 657
homes. This is inconsistent with the currently approved zoning for WTF Phase 3.
• Approving this Rezone will disrupt the transition of density. No lots in WTF Phase 3 should be
narrower than 60-feet wide.
• White Tank Foothills is unique with mid-size lots offering room for private yard space, pools, and
other amenities. We are not a high-density community like Marley Park or Verrado with small lots and
community club-style amenities.
• This density is much too high for our neighborhood and was not part of the 2003 approved
neighborhood plan which was in place when we built our homes. We offered a compromise to the
developer of one half of their proposed 380 lot additions but they refused that compromise offer so we
took it off the table.
• Remember, 77.4% of all homeowners within 300 feet of the Phase 3 development signed our petition
to reduce the number of lots built in Phase 3 closer to the 429 allowed by the CC&R’s. That is not an
insignificant participation number.
The Board of Supervisors should not encourage the unilateral change to CC&R’s that are a contract with
homeowners in Arizona. Without notice, how can we the homeowners know when the one-year
challenge time period starts? This is the second time they have done this. We did not know about the
first time and the one-year challenge period ended without challenge. The recent Arizona Supreme Court
decision in Kalway v Calabria Ranch HOA we believe has application here and the developer's unilateral
amendment is unenforceable.
Please share our opposition with your team, including County Staff, Planning and Zoning
Commissioners. We will be attending the public hearing and we appreciate your consideration to deny
this Rezone.
Sincerely,
Cindy Van Eyll
17937 W. Royal Palm Rd.
Waddell, AZ 85355
cindyvaneyll@comcast.net
Mr. Martin Martell,
• Last year, the Developer and his Attorney fraudulently amended Section 2.4 of our White Tank
Foothills CC&R (Covenants, Conditions and Restrictions), which states that the Developer shall not change
the lot count by more than 10% without notifying the homeowners. The Developer deleted this 10% restriction
and DID NOT NOTIFY US! This is fraudulent and part of their malicious strategy to request more than the 10%
allowed by our original governing documents. Without this illegally gotten unenforceable amendment, the
Developer could only build 10%, or 39 additional homes for a total of 429 homes in WTF Phase 3.
• The proposed Rezone will increase lots by 59% over the approved density from 390 homes to 657
homes. This is inconsistent with the currently approved zoning for WTF Phase 3.
• Approving this Rezone will disrupt the transition of density. No lots in WTF Phase 3 should be
narrower than 60-feet wide.
• White Tank Foothills is unique with mid-size lots offering room for private yard space, pools, and
other amenities. We are not a high-density community like Marley Park or Verrado with small lots and
community club-style amenities.
• This density is much too high for our neighborhood and was not part of the 2003 approved
neighborhood plan which was in place when we built our homes. We offered a compromise to the
developer of one half of their proposed 380 lot additions but they refused that compromise offer so we
took it of the table.
• Remember, 77.4% of all homeowners within 300 feet of the Phase 3 development signed our petition
to reduce the number of lots built in Phase 3 closer to the 429 allowed by the CC&R’s. That is not an
insignificant participation number.
The Board of Supervisors should not encourage the unilateral change to CC&R’s that are a contract with
homeowners in Arizona. Without notice, how can we the homeowners know when the one-year
challenge time period starts? This is the second time they have done this. We did not know about the
first time and the one-year challenge period ended without challenge. The recent Arizona Supreme Court
decision in Kalway v Calabria Ranch HOA we believe has application here and the developer's unilateral
amendment is unenforceable.
Please share our opposition with your team, including County Staff, Planning and Zoning
Commissioners. We will be attending the public hearing and we appreciate your consideration to deny
this Rezone.
Sincerely,
Gina Lauree Copenhaver
8233 N 179th Drive
Waddell, AZ 85355
623-332-1655
Maricopa County,
• Last year, the Developer and his Attorney fraudulently amended Section 2.4 of our White Tank
Foothills CC&R (Covenants, Conditions and Restrictions), which states that the Developer shall not change
the lot count by more than 10% without notifying the homeowners. The Developer deleted this 10% restriction
and DID NOT NOTIFY US! This is fraudulent and part of their malicious strategy to request more than the 10%
allowed by our original governing documents. Without this illegally gotten unenforceable amendment, the
Developer could only build 10%, or 39 additional homes for a total of 429 homes in WTF Phase 3.
• The proposed Rezone will increase lots by 59% over the approved density from 390 homes to 657
homes. This is inconsistent with the currently approved zoning for WTF Phase 3.
• Approving this Rezone will disrupt the transition of density. No lots in WTF Phase 3 should be
narrower than 60-feet wide.
• White Tank Foothills is unique with mid-size lots offering room for private yard space, pools, and
other amenities. We are not a high-density community like Marley Park or Verrado with small lots and
community club-style amenities.
• This density is much too high for our neighborhood and was not part of the 2003 approved
neighborhood plan which was in place when we built our homes. We offered a compromise to the
developer of one half of their proposed 380 lot additions but they refused that compromise offer so we
took it of the table.
• Remember, 77.4% of all homeowners within 300 feet of the Phase 3 development signed our petition
to reduce the number of lots built in Phase 3 closer to the 429 allowed by the CC&R’s. That is not an
insignificant participation number.
The Board of Supervisors should not encourage the unilateral change to CC&R’s that are a contract with
homeowners in Arizona. Without notice, how can we the homeowners know when the one-year
challenge time period starts? This is the second time they have done this. We did not know about the
first time and the one-year challenge period ended without challenge. The recent Arizona Supreme Court
decision in Kalway v Calabria Ranch HOA we believe has application here and the developer's unilateral
amendment is unenforceable.
Please share our opposition with your team, including County Staff, Planning and Zoning
Commissioners. We will be attending the public hearing and we appreciate your consideration to deny
this Rezone.
Sincerely,
Dean Schwab
18213 W El Caminito Dr
(720) 372-6072
Subject: OPPOSITION to DMP2021001 & Z2021050 – White Tank Foothills Ph. 3
Maricopa County,
• Last year, the Developer and his Attorney fraudulently amended Section 2.4 of our White Tank
Foothills CC&R (Covenants, Conditions and Restrictions), which states that the Developer shall not change
the lot count by more than 10% without notifying the homeowners. The Developer deleted this 10% restriction
and DID NOT NOTIFY US! This is fraudulent and part of their malicious strategy to request more than the 10%
allowed by our original governing documents. Without this illegally gotten unenforceable amendment, the
Developer could only build 10%, or 39 additional homes for a total of 429 homes in WTF Phase 3.
• The proposed Rezone will increase lots by 59% over the approved density from 390 homes to 657
homes. This is inconsistent with the currently approved zoning for WTF Phase 3.
• Approving this Rezone will disrupt the transition of density. No lots in WTF Phase 3 should be
narrower than 60-feet wide.
• White Tank Foothills is unique with mid-size lots offering room for private yard space, pools, and
other amenities. We are not a high-density community like Marley Park or Verrado with small lots and
community club-style amenities.
• This density is much too high for our neighborhood and was not part of the 2003 approved
neighborhood plan which was in place when we built our homes. We offered a compromise to the
developer of one half of their proposed 380 lot additions but they refused that compromise offer so we
took it of the table.
• Remember, 77.4% of all homeowners within 300 feet of the Phase 3 development signed our petition
to reduce the number of lots built in Phase 3 closer to the 429 allowed by the CC&R’s. That is not an
insignificant participation number.
The Board of Supervisors should not encourage the unilateral change to CC&R’s that are a contract with
homeowners in Arizona. Without notice, how can we the homeowners know when the one-year
challenge time period starts? This is the second time they have done this. We did not know about the
first time and the one-year challenge period ended without challenge. The recent Arizona Supreme Court
decision in Kalway v Calabria Ranch HOA we believe has application here and the developer's unilateral
amendment is unenforceable.
Please share our opposition with your team, including County Staff, Planning and Zoning
Commissioners. We appreciate your consideration to deny this Rezone.
Sincerely,
Deborah A. Gould
18020 W Lawrence Lane, Waddell, AZ 85355-7515
201-615-1156
To Whom This May Concern,
· Last year, the Developer and his Attorney fraudulently amended Section 2.4 of our
White Tank Foothills CC&R (Covenants, Conditions and Restrictions), which states that the
Developer shall not change the lot count by more than 10% without notifying the
homeowners. The Developer deleted this 10% restriction and DID NOT NOTIFY US! This is
fraudulent and part of their malicious strategy to request more than the 10% allowed by our
original governing documents. Without this illegally gotten unenforceable amendment, the
Developer could only build 10%, or 39 additional homes for a total of 429 homes in WTF
Phase 3.
· The proposed Rezone will increase lots by 59% over the approved density from 390
homes to 657 homes. This is inconsistent with the currently approved zoning for WTF Phase
3.
· Approving this Rezone will disrupt the transition of density. No lots in WTF Phase 3
should be narrower than 60-feet wide.
· White Tank Foothills is unique with mid-size lots offering room for private yard space,
pools, and other amenities. We are not a high-density community like Marley Park or
Verrado with small lots and community club-style amenities.
· This density is much too high for our neighborhood and was not part of the 2003
approved neighborhood plan which was in place when we built our homes. We offered a
compromise to the developer of one half of their proposed 380 lot additions but they
refused that compromise offer so we took it of the table.
· Remember, 77.4% of all homeowners within 300 feet of the Phase 3 development
signed our petition to reduce the number of lots built in Phase 3 closer to the 429 allowed
by the CC&R’s. That is not an insignificant participation number.
The Board of Supervisors should not encourage the unilateral change to CC&R’s
that are a contract with homeowners in Arizona. Without notice, how can we the
homeowners know when the one-year challenge time period starts? This is the
second time they have done this. We did not know about the first time and the
one-year challenge period ended without challenge. The recent Arizona Supreme
Court decision in Kalway v Calabria Ranch HOA we believe has application here and the
developer's unilateral amendment is unenforceable.
Please share our opposition with your team, including County Staff, Planning and Zoning
Commissioners. We will be attending the public hearing and we appreciate your
consideration to deny this Rezone.
Sincerely,
--
Geoffrey A. Markowski
Waddell, AZ 85355
Maricopa County,
· Last year, the Developer and his Attorney fraudulently amended Section 2.4 of our White Tank
Foothills CC&R (Covenants, Conditions and Restrictions), which states that the Developer shall
not change the lot count by more than 10% without notifying the homeowners. The Developer
deleted this 10% restriction and DID NOT NOTIFY US! This is fraudulent and part of their
malicious strategy to request more than the 10% allowed by our original governing documents.
Without this illegally gotten unenforceable amendment, the Developer could only build 10%, or
39 additional homes for a total of 429 homes in WTF Phase 3.
· The proposed Rezone will increase lots by 59% over the approved density from 390 homes to
657 homes. This is inconsistent with the currently approved zoning for WTF Phase 3.
· Approving this Rezone will disrupt the transition of density. No lots in WTF Phase 3 should be
narrower than 60-feet wide.
· White Tank Foothills is unique with mid-size lots offering room for private yard space, pools,
and other amenities. We are not a high-density community like Marley Park or Verrado with
small lots and community club-style amenities.
· This density is much too high for our neighborhood and was not part of the 2003 approved
neighborhood plan which was in place when we built our homes. We offered a compromise to
the developer of one half of their proposed 380 lot additions but they refused that compromise
offer so we took it of the table.
· Remember, 77.4% of all homeowners within 300 feet of the Phase 3 development signed our
petition to reduce the number of lots built in Phase 3 closer to the 429 allowed by the CC&R’s.
That is not an insignificant participation number.
The Board of Supervisors should not encourage the unilateral change to CC&R’s that are a
contract with homeowners in Arizona. Without notice, how can we the homeowners know
when the one-year challenge time period starts? This is the second time they have done this.
We did not know about the first time and the one-year challenge period ended without
challenge. The recent Arizona Supreme Court decision in Kalway v Calabria Ranch HOA we
believe has application here and the developer's unilateral amendment is unenforceable.
Please share our opposition with your team, including County Staff, Planning and Zoning
Commissioners. We will be attending the public hearing and we appreciate your consideration
to deny this Rezone.
Sincerely,
Jordan and Kirsten Hauan
8206 N 180th Dr
Waddell, AZ 85355
480-290-1448
Maricopa County,
• Last year, the Developer and his Attorney fraudulently amended Section 2.4 of our White Tank
Foothills CC&R's (Covenants, Conditions and Restrictions), which states that the Developer
shall not change the lot count by more than 10% without notifying the homeowners. The Developer deleted this
10% restriction and DID NOT NOTIFY US! This is fraudulent and part of their malicious strategy to request more
than the 10% allowed by our original governing documents. Without this illegally gotten unenforceable
amendment, the Developer could only build 10%, or 39 additional homes for a total of 429 homes in WTF Phase
3.
• The proposed Rezone will increase lots by 59% over the approved density from 390 homes to 657
homes. This is inconsistent with the currently approved zoning for WTF Phase 3.
• Approving this Rezone will disrupt the transition of density. No lots in WTF Phase 3 should be
narrower than 60-feet wide.
• White Tank Foothills is unique with mid-size lots offering room for private yard space, pools, and
other amenities. We are not a high-density community like Marley Park or Verrado with small lots and
community club-style amenities.
• This density is much too high for our neighborhood and was not part of the 2003 approved
neighborhood plan which was in place when we built our homes. We offered a compromise to the
developer of one half of their proposed 380 lot additions but they refused that compromise offer so we
took it off the table.
• Remember, 77.4% of all homeowners within 300 feet of the Phase 3 development signed our petition
to reduce the number of lots built in Phase 3 closer to the 429 allowed by the CC&R’s. That is not an
insignificant participation number.
The Board of Supervisors should not encourage the unilateral change to CC&R’s that are a contract with
homeowners in Arizona. Without notice, how can we the homeowners know when the one-year
challenge time period starts? This is the second time they have done this. We did not know about the
first time and the one-year challenge period ended without challenge. The recent Arizona Supreme Court
decision in Kalway v Calabria Ranch HOA we believe has application here and the developer's unilateral
amendment is unenforceable.
Please share our opposition with your team, including County Staff, Planning and Zoning
Commissioners. We will be attending the public hearing and we appreciate your consideration to deny
this Rezone.
Sincerely,
Janet M. Carey
8221 N. 179th Dr.
Dear Mr Martell, I oppose DP202100 / Z2021050 too many houses that was not the original plan. I
think you have an accident ready to happen. To many people in one area an no way out fast. I have
lived in the White Tank Mountains for 14 years. It is getting to have to many problems, and we can
see more to come with this many homes. Jennifer Stukas, 18254 W El Caminito DR. Waddell.
Last year, the Developer and his Attorney fraudulently amended Section 2.4 of our White Tank Foothills
CC&R (Covenants, Conditions and Restrictions), which states that the Developer shall not change the lot
count by more than 10% without notifying the homeowners. The Developer deleted this 10% restriction and DID
NOT NOTIFY US! This is fraudulent and part of their malicious strategy to request more than the 10% allowed
by our original governing documents. Without this illegally gotten unenforceable amendment, the Developer
could only build 10%, or 39 additional homes for a total of 429 homes in WTF Phase 3.
• The proposed Rezone will increase lots by 59% over the approved density from 390 homes to 657
homes. This is inconsistent with the currently approved zoning for WTF Phase 3.
• Approving this Rezone will disrupt the transition of density. No lots in WTF Phase 3 should be
narrower than 60-feet wide.
• White Tank Foothills is unique with mid-size lots offering room for private yard space, pools, and
other amenities. We are not a high-density community like Marley Park or Verrado with small lots and
community club-style amenities.
• This density is much too high for our neighborhood and was not part of the 2003 approved
neighborhood plan which was in place when we built our homes. We offered a compromise to the
developer of one half of their proposed 380 lot additions but they refused that compromise offer so we
took it off the table.
• Remember, 77.4% of all homeowners within 300 feet of the Phase 3 development signed our petition
to reduce the number of lots built in Phase 3 closer to the 429 allowed by the CC&R’s. That is not an
insignificant participation number.
The Board of Supervisors should not encourage the unilateral change to CC&R’s that are a contract with
homeowners in Arizona. Without notice, how can we the homeowners know when the one-year
challenge time period starts? This is the second time they have done this. We did not know about the
first time and the one-year challenge period ended without challenge. The recent Arizona Supreme Court
decision in Kalway v Calabria Ranch HOA we believe has application here and the developer's unilateral
amendment is unenforceable.
Please share our opposition with your team, including County Staff, Planning and Zoning
Commissioners. We will be attending the public hearing and we appreciate your consideration to deny
this Rezone.
Sincerely,
Kari Dory
18625 W Golden Lane
Waddell, AZ 85355
Hello Maricopa County Board of Supervisors,
The reason for this is email is my wife and I are completely opposed to the purposed High-
Density housing and fraudulent actions of the Developer for WTF Phase 3. Our home backs up
to the phase 3 development and over the past 1+ years, our community has actively voiced, and
will continue to do so, our displeasure and opposition to the Developers actions, plans, and lack
of professionalism.
It was recently uncovered by a neighbor that the Developer fraudulently amended Section 2.4
of our CC&R nearly a year ago, without any legal notification to the community, allowing them
to remove the 10% limit for increasing the number of homes for Phase 3. Should our CC&R
remain unchanged, the Developer would only be allowed to build an additional 39 homes,
totaling 429 homes in WTF phase 3. Should the MCBOS consider approving the rezoning, this
would attribute to a 59% increase to a total of 657 homes which is vastly inconsistent with the
current approved zoning. .
Due to the Developers unethical and very possible illegal acts of changing our CC&R, on this
merit alone, we ask the MCBOS to NOT APPROVE THE REZONING. Should the MCBOS consider
approving the rezoning, this establishes an extremely bad precedent knowing the illegal actions
of the Developer. We all know full well other Developers will take similar actions resulting in
further disruption of communities in Maricopa County, none of which anyone wants to spend
exhaustive hours dealing with.
Our community was never planned for high-density home development, nor should it be
altered to meet the hopeful gains of the Developer. Our community stands ready to continue
this opposition at all costs. Please vote NO on rezoning of the WTF Phase 3.
Kindest Regards,
Ken & Casey Zordani
18021 W. Royal Palm Rd. Waddell, AZ 85355
White Tank Foothills
O | 623.322.7183
Last year, the Developer and his Attorney fraudulently amended Section 2.4 of our White Tank Foothills
CC&R (Covenants, Conditions and Restrictions), which states that the Developer shall not change the lot
count by more than 10% without notifying the homeowners. The Developer deleted this 10% restriction and DID
NOT NOTIFY US! This is fraudulent and part of their malicious strategy to request more than the 10% allowed
by our original governing documents. Without this illegally gotten unenforceable amendment, the Developer
could only build 10%, or 39 additional homes for a total of 429 homes in WTF Phase 3.
• The proposed Rezone will increase lots by 59% over the approved density from 390 homes to 657
homes. This is inconsistent with the currently approved zoning for WTF Phase 3.
• Approving this Rezone will disrupt the transition of density. No lots in WTF Phase 3 should be
narrower than 60-feet wide.
• White Tank Foothills is unique with mid-size lots offering room for private yard space, pools, and
other amenities. We are not a high-density community like Marley Park or Verrado with small lots and
community club-style amenities.
• This density is much too high for our neighborhood and was not part of the 2003 approved
neighborhood plan which was in place when we built our homes. We offered a compromise to the
developer of one half of their proposed 380 lot additions but they refused that compromise offer so we
took it off the table.
• Remember, 77.4% of all homeowners within 300 feet of the Phase 3 development signed our petition
to reduce the number of lots built in Phase 3 closer to the 429 allowed by the CC&R’s. That is not an
insignificant participation number.
The Board of Supervisors should not encourage the unilateral change to CC&R’s that are a contract with
homeowners in Arizona. Without notice, how can we the homeowners know when the one-year
challenge time period starts? This is the second time they have done this. We did not know about the
first time and the one-year challenge period ended without challenge. The recent Arizona Supreme Court
decision in Kalway v Calabria Ranch HOA we believe has application here and the developer's unilateral
amendment is unenforceable.
Please share our opposition with your team, including County Staff, Planning and Zoning
Commissioners. We will be attending the public hearing and we appreciate your consideration to deny
this Rezone.
Sincerely,
Nash Dory
18625 W Golden Lane
Waddell, AZ 8535
Candy - Personal Kornotto <candykornotto@gmail.com>
Maricopa County,
· Last year, the Developer and his Attorney fraudulently amended Section 2.4 of our White Tank
Foothills CC&R (Covenants, Conditions and Restrictions), which states that the Developer
shall not change the lot count by more than 10% without notifying the homeowners. The Developer
deleted this 10% restriction and DID NOT NOTIFY US! This is fraudulent and part of their malicious
strategy to request more than the 10% allowed by our original governing documents. Without this
illegally gotten unenforceable amendment, the Developer could only build 10%, or 39 additional homes
for a total of 429 homes in WTF Phase 3.
· The proposed Rezone will increase lots by 59% over the approved density from 390 homes to 657
homes. This is inconsistent with the currently approved zoning for WTF Phase 3.
· Approving this Rezone will disrupt the transition of density. No lots in WTF Phase 3 should be
narrower than 60-feet wide.
· White Tank Foothills is unique with mid-size lots offering room for private yard space, pools, and
other amenities. We are not a high-density community like Marley Park or Verrado with small lots and
community club-style amenities.
· This density is much too high for our neighborhood and was not part of the 2003 approved
neighborhood plan which was in place when we built our homes. We offered a compromise to the
developer of one half of their proposed 380 lot additions but they refused that compromise offer so we
took it of the table.
· Remember, 77.4% of all homeowners within 300 feet of the Phase 3 development signed our
petition to reduce the number of lots built in Phase 3 closer to the 429 allowed by the CC&R’s. That is
not an insignificant participation number.
The Board of Supervisors should not encourage the unilateral change to CC&R’s that are a contract
with homeowners in Arizona. Without notice, how can we the homeowners know when the one-year
challenge time period starts? This is the second time they have done this. We did not know about the
first time and the one-year challenge period ended without challenge. The recent Arizona Supreme
Court decision in Kalway v Calabria Ranch HOA we believe has application here and the developer's
unilateral amendment is unenforceable.
Please share our opposition with your team, including County Staff, Planning and Zoning
Commissioners. We will be attending the public hearing and we appreciate your consideration to deny
this Rezone.
Sincerely,
Candy Kornotto
17938 W. Alice Ave.
Waddell, AZ. 85355
717-756-2648
Maricopa County,
• Last year, the Developer and his Attorney fraudulently amended Section 2.4 of our White Tank
Foothills CC&R (Covenants, Conditions and Restrictions), which states that the Developer shall not change
the lot count by more than 10% without notifying the homeowners. The Developer deleted this 10% restriction
and DID NOT NOTIFY US! This is fraudulent and part of their malicious strategy to request more than the 10%
allowed by our original governing documents. Without this illegally gotten unenforceable amendment, the
Developer could only build 10%, or 39 additional homes for a total of 429 homes in WTF Phase 3.
• The proposed Rezone will increase lots by 59% over the approved density from 390 homes to 657
homes. This is inconsistent with the currently approved zoning for WTF Phase 3.
• Approving this Rezone will disrupt the transition of density. No lots in WTF Phase 3 should be
narrower than 60-feet wide.
• White Tank Foothills is unique with mid-size lots offering room for private yard space, pools, and
other amenities. We are not a high-density community like Marley Park or Verrado with small lots and
community club-style amenities.
• This density is much too high for our neighborhood and was not part of the 2003 approved
neighborhood plan which was in place when we built our homes. We offered a compromise to the
developer of one half of their proposed 380 lot additions but they refused that compromise offer so we
took it of the table.
• Remember, 77.4% of all homeowners within 300 feet of the Phase 3 development signed our petition
to reduce the number of lots built in Phase 3 closer to the 429 allowed by the CC&R’s. That is not an
insignificant participation number.
The Board of Supervisors should not encourage the unilateral change to CC&R’s that are a contract with
homeowners in Arizona. Without notice, how can we the homeowners know when the one-year
challenge time period starts? This is the second time they have done this. We did not know about the
first time and the one-year challenge period ended without challenge. The recent Arizona Supreme Court
decision in Kalway v Calabria Ranch HOA we believe has application here and the developer's unilateral
amendment is unenforceable.
Please share our opposition with your team, including County Staff, Planning and Zoning
Commissioners. We will be attending the public hearing and we appreciate your consideration to deny
this Rezone.
Sincerely,
Lorenzo Esquivel
17940 W Royal Palm Rd
Waddell, AZ 85355
Maricopa County,
On January 20th of this year, at the annual White Tank Foothills HOA meeting I asked again for documentation showing us the
specific changes that had recently been made to the CC&Rs and other HOA governing documents. I just got a runaround and
misdirection during the meeting and nothing from any follow-up requests. I have only seen this behavior in the past 50 years of
business from those who were doing something unethical, underhanded, or in some cases illegal.
When we purchased our home here, the developer required us to agree to the CC&Rs and comply with everything written in
them. But it turns out that the developer doesn’t think they need to live under the same rules they themselves force us to live
by.
Once the details outlined below came out, it became clear that the homeowners in the White Tank Foothills need your direct
intervention on our behalf to deny this request from the developers. We have tried to work with them, but their agenda is the
only agenda they care about. So, thank you for your service on our behalf.
Here is a recap of the situation:
• Last year, the Developer and his Attorney fraudulently amended Section 2.4 of our White Tank Foothills CC&R
(Covenants, Conditions and Restrictions), which states that the Developer shall not change the lot count by more than 10%
without notifying the homeowners. The Developer deleted this 10% restriction and DID NOT NOTIFY US! This is fraudulent and
part of their malicious strategy to request more than the 10% allowed by our original governing documents. Without this
illegally gotten unenforceable amendment, the Developer could only build 10%, or 39 additional homes for a total of 429
homes in WTF Phase 3.
• The proposed Rezone will increase lots by 59% over the approved density from 390 homes to 657 homes. This is
inconsistent with the currently approved zoning for WTF Phase 3.
• Approving this Rezone will disrupt the transition of density. No lots in WTF Phase 3 should be narrower than 60-feet
wide.
• White Tank Foothills is unique with mid-size lots offering room for private yard space, pools, and other amenities. We
are not a high-density community like Marley Park or Verrado with small lots and community club-style amenities.
• This density is much too high for our neighborhood and was not part of the 2003 approved neighborhood plan which was
in place when we built our homes. We offered a compromise to the developer of one half of their proposed 380 lot additions,
but they refused that compromise offer so we took it off the table.
• Remember, 77.4% of all homeowners within 300 feet of the Phase 3 development signed our petition to reduce the
number of lots built in Phase 3 closer to the 429 allowed by the CC&R’s. That is not an insignificant participation number.
The Board of Supervisors should not encourage the unilateral change to CC&R’s that are a contract with homeowners in
Arizona. Without notice, how can we the homeowners know when the one-year challenge time period starts? This is the
second time they have done this. We did not know about the first time and the one-year challenge period ended without
challenge. The recent Arizona Supreme Court decision in Kalway v Calabria Ranch HOA we believe has application here and the
developer's unilateral amendment is unenforceable.
Please share our opposition with your team, including County Staff, Planning and Zoning Commissioners. We will be attending
the public hearing and we appreciate your consideration to deny this Rezone.
Thank you, once again, for your service,
Mark
Mark Roddy
18012 W Royal Palm Rd
Waddell, AZ 85355
Subject: OPPOSITION to DMP2021001 & Z2021050 – White Tank Foothills Ph. 3
Maricopa County,
• Last year, the Developer and his Attorney fraudulently amended Section 2.4 of our White Tank Foothills CC&R
(Covenants, Conditions and Restrictions), which states that the Developer shall not change the lot count by more than
10% without notifying the homeowners. The Developer deleted this 10% restriction and DID NOT NOTIFY US! This is
fraudulent and part of their malicious strategy to request more than the 10% allowed by our original governing
documents. Without this illegally gotten unenforceable amendment, the Developer could only build 10%, or 39 additional
homes for a total of 429 homes in WTF Phase 3.
• The proposed Rezone will increase lots by 59% over the approved density from 390 homes to 657 homes. This
is inconsistent with the currently approved zoning for WTF Phase 3.
• Approving this Rezone will disrupt the transition of density. No lots in WTF Phase 3 should be narrower than
60-feet wide.
• White Tank Foothills is unique with mid-size lots offering room for private yard space, pools, and other
amenities. We are not a high-density community like Marley Park or Verrado with small lots and community club-
style amenities.
• This density is much too high for our neighborhood and was not part of the 2003 approved neighborhood plan
which was in place when we built our homes. We offered a compromise to the developer of one half of their proposed
380 lot additions but they refused that compromise offer so we took it of the table.
• Remember, 77.4% of all homeowners within 300 feet of the Phase 3 development signed our petition to reduce
the number of lots built in Phase 3 closer to the 429 allowed by the CC&R’s. That is not an insignificant
participation number.
The Board of Supervisors should not encourage the unilateral change to CC&R’s that are a contract with
homeowners in Arizona. Without notice, how can we the homeowners know when the one-year challenge time
period starts? This is the second time they have done this. We did not know about the first time and the one-year
challenge period ended without challenge. The recent Arizona Supreme Court decision in Kalway v Calabria Ranch HOA
we believe has application here and the developer's unilateral amendment is unenforceable.
Please share our opposition with your team, including County Staff, Planning and Zoning Commissioners. We will be
attending the public hearing and we appreciate your consideration to deny this Rezone.
Sincerely,
Melanie Colla
18003 W Alice Ave
Waddell AZ 85355
(858) 248-6898
Last year, the Developer and his Attorney fraudulently amended Section 2.4 of our White Tank Foothills
CC&R (Covenants, Conditions and Restrictions), which states that the Developer shall not change the lot
count by more than 10% without notifying the homeowners. The Developer deleted this 10% restriction and DID
NOT NOTIFY US! This is fraudulent and part of their malicious strategy to request more than the 10% allowed
by our original governing documents. Without this illegally gotten unenforceable amendment, the Developer
could only build 10%, or 39 additional homes for a total of 429 homes in WTF Phase 3.
• The proposed Rezone will increase lots by 59% over the approved density from 390 homes to 657
homes. This is inconsistent with the currently approved zoning for WTF Phase 3.
• Approving this Rezone will disrupt the transition of density. No lots in WTF Phase 3 should be
narrower than 60-feet wide.
• White Tank Foothills is unique with mid-size lots offering room for private yard space, pools, and
other amenities. We are not a high-density community like Marley Park or Verrado with small lots and
community club-style amenities.
• This density is much too high for our neighborhood and was not part of the 2003 approved
neighborhood plan which was in place when we built our homes. We offered a compromise to the
developer of one half of their proposed 380 lot additions but they refused that compromise offer so we
took it off the table.
• Remember, 77.4% of all homeowners within 300 feet of the Phase 3 development signed our petition
to reduce the number of lots built in Phase 3 closer to the 429 allowed by the CC&R’s. That is not an
insignificant participation number.
The Board of Supervisors should not encourage the unilateral change to CC&R’s that are a contract with
homeowners in Arizona. Without notice, how can we the homeowners know when the one-year
challenge time period starts? This is the second time they have done this. We did not know about the
first time and the one-year challenge period ended without challenge. The recent Arizona Supreme Court
decision in Kalway v Calabria Ranch HOA we believe has application here and the developer's unilateral
amendment is unenforceable.
Please share our opposition with your team, including County Staff, Planning and Zoning
Commissioners. We will be attending the public hearing and we appreciate your consideration to deny
this Rezone.
Sincerely,
Nash Dory
18625 W Golden Lane
Waddell, AZ 8535
Maricopa County,
• Last year, the Developer and his Attorney fraudulently amended Section 2.4 of our White Tank
Foothills CC&R (Covenants, Conditions and Restrictions), which states that the Developer shall not change
the lot count by more than 10% without notifying the homeowners. The Developer deleted this 10% restriction
and DID NOT NOTIFY US! This is fraudulent and part of their malicious strategy to request more than the 10%
allowed by our original governing documents. Without this illegally gotten unenforceable amendment, the
Developer could only build 10%, or 39 additional homes for a total of 429 homes in WTF Phase 3.
• The proposed Rezone will increase lots by 59% over the approved density from 390 homes to 657
homes. This is inconsistent with the currently approved zoning for WTF Phase 3.
• Approving this Rezone will disrupt the transition of density. No lots in WTF Phase 3 should be
narrower than 60-feet wide.
• White Tank Foothills is unique with mid-size lots offering room for private yard space, pools, and
other amenities. We are not a high-density community like Marley Park or Verrado with small lots and
community club-style amenities.
• This density is much too high for our neighborhood and was not part of the 2003 approved
neighborhood plan which was in place when we built our homes. We offered a compromise to the
developer of one half of their proposed 380 lot additions but they refused that compromise offer so we
took it of the table.
• Remember, 77.4% of all homeowners within 300 feet of the Phase 3 development signed our petition
to reduce the number of lots built in Phase 3 closer to the 429 allowed by the CC&R’s. That is not an
insignificant participation number.
The Board of Supervisors should not encourage the unilateral change to CC&R’s that are a contract with
homeowners in Arizona. Without notice, how can we the homeowners know when the one-year
challenge time period starts? This is the second time they have done this. We did not know about the
first time and the one-year challenge period ended without challenge. The recent Arizona Supreme Court
decision in Kalway v Calabria Ranch HOA we believe has application here and the developer's unilateral
amendment is unenforceable.
Sincerely,
Nicole Reyes
18625 W Beryl Ave
702-573-6043
Supervisor Hickman and whom this may concern,
My wife Brandy and I had previously written an email to you on March 8th 2022, in opposition
to the Rezone project in our community in White Tank Foothills as we live within the 300 foot
area from the new development in Phase 3. However after getting very involved in this process
and being selected by Frank Scaglione along with two other couples to represent the
homeowners in White Tank Foothills, during several meetings we now feel differently. We were
in attendance at the most recent 2 meetings between the 4 couples, the Developers Attorneys,
and your Chief of Staff, Scott Isham. We were able to see first hand all of the concessions that
have been made by the developer to accommodate almost all of the concerns that homeowners
had. At the end of the second meeting all parties were in full agreement. Your Chief of Staff
Scott Isham took the time to come out to our home and several others to see our concerns
firsthand. Scott has truly gone above and beyond in our opinion and has been a great mediator
during this process. Somehow the wheels fell off of this agreed upon plan and Frank made a
unilateral decision to change his mind and continue to fight the development before speaking
to anyone in the community or the small chosen group.
I believe a small portion of our neighbors have emailed you with some support on the existing
plan after we had the opportunity to take the time to speak to them and give them a very full
picture of all the important information and changes the developer made, including showing
them the proposed plans without information being partially withheld by Frank.
Every neighbor that we spoke to and were able to fully educate on the entire scenario of the
new development was agreeable to what was being proposed. We know that our support may
not equal the amount of opposition emails you are receiving from the community as a whole,
but it is still our belief that once others truly know how much the developers have already
conceded to most of the neighborhoods requests, they will agree with what we feel has now
become at the least a very fair compromise on everyone’s behalf.
Unfortunately, Frank has not been completely honest with the community and has been
conveniently leaving out key details of the developers proposal and only highlighting negative
aspects of the facts in order to press forward with his personal agenda of a lawsuit against
section 2.4 being removed from our CC&R’s by the amendment that was filed last year. We are
very familiar with this issue as it was us who made Frank aware of its’ existence in the first place
when we were still working with him.
A majority of the opposition you are still receiving is not due to a truly bad development plan
but more because of the effort being spearheaded by the local neighborhood liaison. Most
certainly there is a reason for opposition in many different cases and everyone has their own
individual concerns, but most neighbors are simply following Frank’s lead and he is not sharing
all of the pertinent information with everyone. He has gotten into several arguments via email
with neighbors and has single handedly decided to remove certain homeowners from the
neighborhood information email chain when they do not agree with him. This has not been
productive and doesn’t seem fair to all parties involved.
From our perspective the developers gave considerable concessions and were doing exactly
what was being asked of them by you, to work with the community and resolve the issues fairly
over the last year. Negotiations work that way and everyone needs to give a bit, possibly leaving
them with no one being completely happy.
In a perfect world section 2.4 would not have been removed and we would have the 390 homes
+10% and planning and zoning wouldn’t have approved 770+ homes, but we are reasonable
and realize that times change. Maricopa County is growing at a pace that is hard to keep up
with and families needs are changing. The developers need to provide those options as well. As
Arizona Natives we have seen a lot of changes over the years and they are to be expected.
The developers have accommodated requested exit roads, wider lots behind existing homes to
help with the flow of the community, a buffer zone for 2 story houses, and much more. To say
that WTF is not high density already is not exactly factual. The northwest region of our
community, along with the two new parcels on the border of Citrus already consist of smaller
lots and the developer seems to be transitioning the new smaller lot sizes in phase 3 away from
the larger preexisting lots as well.
The bottom line is that while we love the quiet of our community we always knew homes were
slated to be built behind our property. The fact that these developers have given so many
assurances to the community and seem to at least care about making decisions based on what
the neighbors are requesting is a positive thing and if this plan falls through we fear the
unknown of what may end up being built directly behind our home. On your end there certainly
is no way to make our neighborhood and all the surrounding communities happy as we all have
different concerns, but the current proposed plan could be much worse. We support the Board
of Supervisors approving this plan as it was presented to us with the most recent changes.
Thank you for your time and consideration. It is a good feeling knowing that our voices and
opinions matter to you when making this very difficult decision for the best interest of our Small
West Valley Community.
Sincerely,
Dennis and Brandy Ogorchock
18165 W. Las Palmaritas Dr.
Waddell, AZ. 8535
Maricopa County,
On January 20th of this year, at the annual White Tank Foothills HOA meeting I asked again for documentation showing us the
specific changes that had recently been made to the CC&Rs and other HOA governing documents. I just got a runaround and
misdirection during the meeting and nothing from any follow-up requests. I have only seen this behavior in the past 50 years of
business from those who were doing something unethical, underhanded, or in some cases illegal.
When we purchased our home here, the developer required us to agree to the CC&Rs and comply with everything written in
them. But it turns out that the developer doesn’t think they need to live under the same rules they themselves force us to live
by.
Once the details outlined below came out, it became clear that the homeowners in the White Tank Foothills need your direct
intervention on our behalf to deny this request from the developers. We have tried to work with them, but their agenda is the
only agenda they care about. So, thank you for your service on our behalf.
Here is a recap of the situation:
• Last year, the Developer and his Attorney fraudulently amended Section 2.4 of our White Tank Foothills CC&R
(Covenants, Conditions and Restrictions), which states that the Developer shall not change the lot count by more than 10%
without notifying the homeowners. The Developer deleted this 10% restriction and DID NOT NOTIFY US! This is fraudulent and
part of their malicious strategy to request more than the 10% allowed by our original governing documents. Without this
illegally gotten unenforceable amendment, the Developer could only build 10%, or 39 additional homes for a total of 429
homes in WTF Phase 3.
• The proposed Rezone will increase lots by 59% over the approved density from 390 homes to 657 homes. This is
inconsistent with the currently approved zoning for WTF Phase 3.
• Approving this Rezone will disrupt the transition of density. No lots in WTF Phase 3 should be narrower than 60-feet
wide.
• White Tank Foothills is unique with mid-size lots offering room for private yard space, pools, and other amenities. We
are not a high-density community like Marley Park or Verrado with small lots and community club-style amenities.
• This density is much too high for our neighborhood and was not part of the 2003 approved neighborhood plan which was
in place when we built our homes. We offered a compromise to the developer of one half of their proposed 380 lot additions,
but they refused that compromise offer so we took it off the table.
• Remember, 77.4% of all homeowners within 300 feet of the Phase 3 development signed our petition to reduce the
number of lots built in Phase 3 closer to the 429 allowed by the CC&R’s. That is not an insignificant participation number.
The Board of Supervisors should not encourage the unilateral change to CC&R’s that are a contract with homeowners in
Arizona. Without notice, how can we the homeowners know when the one-year challenge time period starts? This is the
second time they have done this. We did not know about the first time and the one-year challenge period ended without
challenge. The recent Arizona Supreme Court decision in Kalway v Calabria Ranch HOA we believe has application here and the
developer's unilateral amendment is unenforceable.
Please share our opposition with your team, including County Staff, Planning and Zoning Commissioners. We will be attending
the public hearing and we appreciate your consideration to deny this Rezone.
Thank you, once again, for your service,
Patty
Patty Roddy
18012 W Royal Palm Rd
Waddell, AZ 85355
425-442-6613
To Those in Power - Maricopa County,
Please don't allow these guys to get away with
this!
Last year, the Developer and his Attorney fraudulently amended Section 2.4 of
our White Tank Foothills CC&R (Covenants, Conditions and Restrictions), which
states that the Developer shall not change the lot count by more than 10% without
notifying the homeowners. The Developer deleted this 10% restriction and DID NOT
NOTIFY US! This is fraudulent and part of their malicious strategy to request more than
the 10% allowed by our original governing documents. Without this illegally gotten
unenforceable amendment, the Developer could only build 10%, or 39 additional homes
for a total of 429 homes in WTF Phase 3.
The proposed Rezone will increase lots by 59% over the approved density from
390 homes to 657 homes. This is inconsistent with the currently approved zoning for
WTF Phase 3.
Approving this Rezone will disrupt the transition of density. No lots in WTF Phase 3
should be narrower than 60-feet wide.
White Tank Foothills is unique with mid-size lots offering room for private yard
space, pools, and other amenities. We are not a high-density community like Marley
Park or Verrado with small lots and community club-style amenities.
This density is much too high for our neighborhood and was not part of the 2003
approved neighborhood plan which was in place when we built our homes. We
offered a compromise to the developer of one half of their proposed 380 lot
additions but they refused that compromise offer so we took it off the table.
Remember, 77.4% of all homeowners within 300 feet of the Phase 3 development
signed our petition to reduce the number of lots built in Phase 3 closer to the 429
allowed by the CC&R’s. That is not an insignificant participation number.
The Board of Supervisors should not encourage the unilateral change to CC&R’s
that are a contract with homeowners in Arizona. Without notice, how can we, the
homeowners, know when the one-year challenge time period starts? This is the
second time they have done this. We did not know about the first time and the one-
year challenge period ended without challenge.
The recent Arizona Supreme Court decision in Kalway v Calabria Ranch HOA we believe
has application here and the developer's unilateral amendment is unenforceable.
Please share our opposition with your team, including County
Staff, Planning and Zoning Commissioners. We will be
attending the public hearing and we appreciate your
consideration to deny this Rezone.
Sincerely,
Sherry Ramm
17943 W El Caminito Drive, Waddell
623-243-9330
Roger Dzogola <rogerdzogola25@gmail.com>
Maricopa County,
· Last year, the Developer and his Attorney fraudulently
amended Section 2.4 of our White Tank Foothills CC&R (Covenants,
Conditions and Restrictions), which states that the Developer shall
not change the lot count by more than 10% without notifying the
homeowners. The Developer deleted this 10% restriction and DID NOT
NOTIFY US! This is fraudulent and part of their malicious strategy to
request more than the 10% allowed by our original governing documents.
Without this illegally gotten unenforceable amendment, the Developer
could only build 10%, or 39 additional homes for a total of 429 homes
in WTF Phase 3.
· The proposed Rezone will increase lots by 59% over the
approved density from 390 homes to 657 homes. This is inconsistent
with the currently approved zoning for WTF Phase 3.
· Approving this Rezone will disrupt the transition of
density. No lots in WTF Phase 3 should be narrower than 60-feet wide.
· White Tank Foothills is unique with mid-size lots offering
room for private yard space, pools, and other amenities. We are not a
high-density community like Marley Park or Verrado with small lots and
community club-style amenities.
· This density is much too high for our neighborhood and was
not part of the 2003 approved neighborhood plan which was in place
when we built our homes. We offered a compromise to the developer of
one half of their proposed 380 lot additions but they refused that
compromise offer so we took it of the table.
· Remember, 77.4% of all homeowners within 300 feet of the
Phase 3 development signed our petition to reduce the number of lots
built in Phase 3 closer to the 429 allowed by the CC&R’s. That is not
an insignificant participation number.
The Board of Supervisors should not encourage the unilateral change to
CC&R’s that are a contract with homeowners in Arizona. Without
notice, how can we the homeowners know when the one-year challenge
time period starts? This is the second time they have done this. We
did not know about the first time and the one-year challenge period
ended without challenge. The recent Arizona Supreme Court decision in
Kalway v Calabria Ranch HOA we believe has application here and the
developer's unilateral amendment is unenforceable.
Please share our opposition with your team, including County Staff,
Planning and Zoning Commissioners. We will be attending the public
hearing and we appreciate your consideration to deny this Rezone.
Sincerely,
Roger Dzogola
18145 W. Las Palmaritas Drive
Waddell AZ 85355
Phone 636-448-8100
Subject: Subject: OPPOSITION to DMP2021001 & Z2021050 – White Tank Foothills Ph. 3
Maricopa County,
My name is Nancy Rosenberg a homeowner and resident of White Tank Foothills Ph. 1 since December 2009. I am
writing to voice my strong opposition to rezoning Phase 3 of our White Tank Foothills development. My primary concern
is the increase in density of homes which will not only change the character of our development but will also
create congestion and unsafe traffic access and egress. This is exacerbated by the lack of proper design and development
of roadways that can handle the amount of increased traffic. Surrounding properties and communities are also affected.
The following is a more detailed description of the actions that have been taken by what I feel is an unscrupulous
developer and landowner. And a summary of what I and the majority of other homeowners feel could be an acceptable
compromise.
• Last year, the Developer and his Attorney fraudulently amended Section 2.4 of our White Tank Foothills CC&R
(Covenants, Conditions and Restrictions), which states that the Developer shall not change the lot count by more than
10% without notifying the homeowners. The Developer deleted this 10% restriction and DID NOT NOTIFY US! This is
fraudulent and part of their malicious strategy to request more than the 10% allowed by our original governing
documents. Without this illegally gotten unenforceable amendment, the Developer could only build 10%, or 39 additional
homes for a total of 429 homes in WTF Phase 3.
• The proposed Rezone will increase lots by 59% over the approved density from 390 homes to 657 homes. This
is inconsistent with the currently approved zoning for WTF Phase 3.
• Approving this Rezone will disrupt the transition of density. No lots in WTF Phase 3 should be narrower than
60-feet wide.
• White Tank Foothills is unique with mid-size lots offering room for private yard space, pools, and other
amenities. We are not a high-density community like Marley Park or Verrado with small lots and community club-
style amenities.
• This density is much too high for our neighborhood and was not part of the 2003 approved neighborhood plan
which was in place when we built our homes. We offered a compromise to the developer of one half of their proposed
380 lot additions but they refused that compromise offer so we took it of the table.
It has now come to our attention that the Attorney and Developer have proposed yet another option and made it
available to only a few homeowners in an effort to secure their consent and divide our voice. However, the total
number of lots remain at 657. This reduction will not resolve the safety and traffic issues. While we appreciate the few
changes made to preserve sight lines, the only way to effectively address traffic issues is to reduce the number of lots.
• Remember, 77.4% of all homeowners within 300 feet of the Phase 3 development signed our petition to reduce
the number of lots built in Phase 3 closer to the 429 allowed by the CC&R’s. That is not an insignificant
participation number.
The Board of Supervisors should not encourage the unilateral change to CC&R’s that are a contract with
homeowners in Arizona. Without notice, how can we the homeowners know when the one-year challenge time
period starts? This is the second time they have done this. We did not know about the first time and the one-year
challenge period ended without challenge. The recent Arizona Supreme Court decision in Kalway v Calabria Ranch HOA
we believe has application here and the developer's unilateral amendment is unenforceable.
Please share our opposition with your team, including County Staff, Planning and Zoning Commissioners. I will be
attending the public hearing and appreciate your consideration to deny this Rezone.
Sincerely,
Nancy R Rosenberg
18020 W El Caminito Dr
Waddell AZ 85355
510-205-5464
nancyrrosen@yahoo.com
Maricopa County,
• Last year, the Developer and his Attorney fraudulently amended Section 2.4 of our White Tank
Foothills CC&R (Covenants, Conditions and Restrictions), which states that the Developer shall not change
the lot count by more than 10% without notifying the homeowners. The Developer deleted this 10% restriction
and DID NOT NOTIFY US! This is fraudulent and part of their malicious strategy to request more than the 10%
allowed by our original governing documents. Without this illegally gotten unenforceable amendment, the
Developer could only build 10%, or 39 additional homes for a total of 429 homes in WTF Phase 3.
• The proposed Rezone will increase lots by 59% over the approved density from 390 homes to 657
homes. This is inconsistent with the currently approved zoning for WTF Phase 3.
• Approving this Rezone will disrupt the transition of density. No lots in WTF Phase 3 should be
narrower than 60-feet wide.
• White Tank Foothills is unique with mid-size lots offering room for private yard space, pools, and
other amenities. We are not a high-density community like Marley Park or Verrado with small lots and
community club-style amenities.
• This density is much too high for our neighborhood and was not part of the 2003 approved
neighborhood plan which was in place when we built our homes. We offered a compromise to the
developer of one half of their proposed 380 lot additions but they refused that compromise offer so we
took it of the table.
• Remember, 77.4% of all homeowners within 300 feet of the Phase 3 development signed our petition
to reduce the number of lots built in Phase 3 closer to the 429 allowed by the CC&R’s. That is not an
insignificant participation number.
The Board of Supervisors should not encourage the unilateral change to CC&R’s that are a contract with
homeowners in Arizona. Without notice, how can we the homeowners know when the one-year
challenge time period starts? This is the second time they have done this. We did not know about the
first time and the one-year challenge period ended without challenge. The recent Arizona Supreme Court
decision in Kalway v Calabria Ranch HOA we believe has application here and the developer's unilateral
amendment is unenforceable.
Please share our opposition with your team, including County Staff, Planning and Zoning
Commissioners. We will be attending the public hearing and we appreciate your consideration to deny
this Rezone.
Sincerely,
Sandra Olmstead
18623 W Alice Ave
Waddell AZ 85355
602-781-2782
Maricopa County,
Good morning. Please note the following:
• Last year, the Developer and his Attorney fraudulently amended Section 2.4 of our White Tank
Foothills CC&R (Covenants, Conditions and Restrictions), which states that the Developer shall not change
the lot count by more than 10% without notifying the homeowners. The Developer deleted this 10% restriction
and DID NOT NOTIFY US! This is fraudulent and part of their malicious strategy to request more than the 10%
allowed by our original governing documents. Without this illegally gotten unenforceable amendment, the
Developer could only build 10%, or 39 additional homes for a total of 429 homes in WTF Phase 3.
• The proposed Rezone will increase lots by 59% over the approved density from 390 homes to 657
homes. This is inconsistent with the currently approved zoning for WTF Phase 3.
• Approving this Rezone will disrupt the transition of density. No lots in WTF Phase 3 should be
narrower than 60-feet wide.
• White Tank Foothills is unique with mid-size lots offering room for private yard space, pools, and
other amenities. We are not a high-density community like Marley Park or Verrado with small lots and
community club-style amenities.
• This density is much too high for our neighborhood and was not part of the 2003 approved
neighborhood plan which was in place when we built our homes. We offered a compromise to the
developer of one half of their proposed 380 lot additions but they refused that compromise offer so we
took it off the table.
• Remember, 77.4% of all homeowners within 300 feet of the Phase 3 development signed our petition
to reduce the number of lots built in Phase 3 closer to the 429 allowed by the CC&R’s. That is not an
insignificant participation number.
The Board of Supervisors should not encourage the unilateral change to CC&R’s that are a contract with
homeowners in Arizona. Without notice, how can we the homeowners know when the one-year
challenge time period starts? This is the second time they have done this. We did not know about the
first time and the one-year challenge period ended without challenge. The recent Arizona Supreme Court
decision in Kalway v Calabria Ranch HOA we believe has application here and the developer's unilateral
amendment is unenforceable.
Please share our opposition with your team, including County Staff, Planning and Zoning
Commissioners. We will be attending the public hearing and we appreciate your consideration to deny
this Rezone.
Sincerely,
Sharon Whitney
17935 W. Griswold Road Waddell, AZ 85355
(602) 405-2281
Maricopa County,
• Last year, the Developer and his Attorney fraudulently amended Section 2.4 of our White Tank
Foothills CC&R (Covenants, Conditions and Restrictions), which states that the Developer shall not change
the lot count by more than 10% without notifying the homeowners. The Developer deleted this 10% restriction
and DID NOT NOTIFY US! This is fraudulent and part of their malicious strategy to request more than the 10%
allowed by our original governing documents. Without this illegally gotten unenforceable amendment, the
Developer could only build 10%, or 39 additional homes for a total of 429 homes in WTF Phase 3.
• The proposed Rezone will increase lots by 59% over the approved density from 390 homes to 657
homes. This is inconsistent with the currently approved zoning for WTF Phase 3.
• Approving this Rezone will disrupt the transition of density. No lots in WTF Phase 3 should be
narrower than 60-feet wide.
• White Tank Foothills is unique with mid-size lots offering room for private yard space, pools, and
other amenities. We are not a high-density community like Marley Park or Verrado with small lots and
community club-style amenities.
• This density is much too high for our neighborhood and was not part of the 2003 approved
neighborhood plan which was in place when we built our homes. We offered a compromise to the
developer of one half of their proposed 380 lot additions but they refused that compromise offer so we
took it of the table.
• Remember, 77.4% of all homeowners within 300 feet of the Phase 3 development signed our petition
to reduce the number of lots built in Phase 3 closer to the 429 allowed by the CC&R’s. That is not an
insignificant participation number.
The Board of Supervisors should not encourage the unilateral change to CC&R’s that are a contract with
homeowners in Arizona. Without notice, how can we the homeowners know when the one-year
challenge time period starts? This is the second time they have done this. We did not know about the
first time and the one-year challenge period ended without challenge. The recent Arizona Supreme Court
decision in Kalway v Calabria Ranch HOA we believe has application here and the developer's unilateral
amendment is unenforceable.
Please share our opposition with your team, including County Staff, Planning and Zoning
Commissioners. We will be attending the public hearing and we appreciate your consideration to deny
this Rezone.
Sincerely,
Sonja Schwab
18213 W El Caminito Dr
(303) 478-8825
Maricopa County,
• Last year, the Developer and his Attorney fraudulently amended Section 2.4 of our White Tank
Foothills CC&R (Covenants, Conditions and Restrictions), which states that the Developer shall not
change the lot count by more than 10% without notifying the homeowners. The Developer deleted this
10% restriction and DID NOT NOTIFY US! This is fraudulent and part of their malicious strategy to
request more than the 10% allowed by our original governing documents. Without this illegally gotten
unenforceable amendment, the Developer could only build 10%, or 39 additional homes for a total of 429
homes in WTF Phase 3.
• The proposed Rezone will increase lots by 59% over the approved density from 390 homes to 657
homes. This is inconsistent with the currently approved zoning for WTF Phase 3.
• Approving this Rezone will disrupt the transition of density. No lots in WTF Phase 3 should be
narrower than 60-feet wide.
• White Tank Foothills is unique with mid-size lots offering room for private yard space, pools, and
other amenities. We are not a high-density community like Marley Park or Verrado with small lots and
community club-style amenities.
• This density is much too high for our neighborhood and was not part of the 2003 approved
neighborhood plan which was in place when we built our homes. We offered a compromise to the
developer of one half of their proposed 380 lot additions but they refused that compromise offer so we
took it of the table.
• Remember, 77.4% of all homeowners within 300 feet of the Phase 3 development signed our
petition to reduce the number of lots built in Phase 3 closer to the 429 allowed by the CC&R’s. That is not
an insignificant participation number.
The Board of Supervisors should not encourage the unilateral change to CC&R’s that are a contract with
homeowners in Arizona. Without notice, how can we the homeowners know when the one-year
challenge time period starts? This is the second time they have done this. We did not know about the first
time and the one-year challenge period ended without challenge. The recent Arizona Supreme Court
decision in Kalway v Calabria Ranch HOA we believe has application here and the developer's unilateral
amendment is unenforceable.
Please share our opposition with your team, including County Staff, Planning and Zoning
Commissioners. We will be attending the public hearing and we appreciate your consideration to deny
this Rezone.
Sincerely,
Stephen Copenhaver
8233 N 179th Drive
Waddell, AZ 85355
623-221-3688
Maricopa County,
Please read this and pay attention. YOU have let this drag on long enough and you KNOW what the developers
are doing is wrong. So please take action already and do what's right.
• Last year, the Developer and his Attorney fraudulently amended Section 2.4 of our White Tank
Foothills CC&R (Covenants, Conditions and Restrictions), which states that the Developer shall not change
the lot count by more than 10% without notifying the homeowners. The Developer deleted this 10% restriction
and DID NOT NOTIFY US! This is fraudulent and part of their malicious strategy to request more than the 10%
allowed by our original governing documents. Without this illegally gotten unenforceable amendment, the
Developer could only build 10%, or 39 additional homes for a total of 429 homes in WTF Phase 3.
• The proposed Rezone will increase lots by 59% over the approved density from 390 homes to 657
homes. This is inconsistent with the currently approved zoning for WTF Phase 3.
• Approving this Rezone will disrupt the transition of density. No lots in WTF Phase 3 should be
narrower than 60-feet wide.
• White Tank Foothills is unique with mid-size lots offering room for private yard space, pools, and
other amenities. We are not a high-density community like Marley Park or Verrado with small lots and
community club-style amenities.
• This density is much too high for our neighborhood and was not part of the 2003 approved
neighborhood plan which was in place when we built our homes. We offered a compromise to the
developer of one half of their proposed 380 lot additions but they refused that compromise offer so we
took it of the table.
• Remember, 77.4% of all homeowners within 300 feet of the Phase 3 development signed our petition
to reduce the number of lots built in Phase 3 closer to the 429 allowed by the CC&R’s. That is not an
insignificant participation number.
The Board of Supervisors should not encourage the unilateral change to CC&R’s that are a contract with
homeowners in Arizona. Without notice, how can we the homeowners know when the one-year
challenge time period starts? This is the second time they have done this. We did not know about the
first time and the one-year challenge period ended without challenge. The recent Arizona Supreme Court
decision in Kalway v Calabria Ranch HOA we believe has application here and the developer's unilateral
amendment is unenforceable.
Please share our opposition with your team, including County Staff, Planning and Zoning
Commissioners. We will be attending the public hearing and we appreciate your consideration to deny
this Rezone.
Sincerely,
Steve Nelson
8420 N. 183rd Drive
602-316-4580
Maricopa County,
Last year, the Developer and his Attorney
fraudulently amended Section 2.4 of our White
Tank Foothills CC&R which states that the Developer shall not change the lot count by more than 10% without
notifying the homeowners.
The Developer deleted this 10% restriction and DID NOT NOTIFY US. This is fraudulent and part of their malicious
strategy to request more than the 10% allowed by our original governing documents. Without this illegally gotten
unenforceable amendment, the Developer could only build 10%, or 39 additional homes for a total of 429 homes in
WTF Phase 3.
The proposed Rezone will increase lots by 59% over the approved density from 390 homes to 657 homes. This is
inconsistent with the currently approved zoning for the WTF Phase 3.
Approving this Rezone will disrupt the transition of density. No lots in WTF Phase 3 should be narrower than 60-
feet wide.
White Tank Foothills is unique with mid-sized lots offering room for private yard space, pools and other amenities.
We are not a high-density community like Marley Park or Verrado with small lots and community club-style
amenities.
This density is much too high for our neighborhood and was not part of the 2003 approved neighborhood plan.
We offered a compromise to the Developer of one half of their proposed 380 lot additions but they
refused that compromise offer so we took it off the table.
Remember, 77.4% of all homeowners within 300 feet of the Phase 3 development signed our petition to reduce the
number of lots build in Phase 3 to the 429 allowed by the CC&R 's. This is not an insignificant participation number.
The Board of Supervisors should not encourage the unilateral change to CC&R's that are a contract with
homeowners in Arizona. Without notice, how can we the homeowners know when the one-year challenge time period
starts? This is the second time they have done this and the one-year challenge period ended without challenge. The
recent Arizona Supreme Court decision in Kalway v Calabria Ranch HOA we believe has application here and
developer's unilateral amendment is unenforceable.
Please share our opposition with your team, including County Staff, Planning and Zoning Commissioners. We will
be attending the public hearing and we appreciate your consideration to deny this Rezone.
Sincerely,
Susan and Dick Willson
18009 W. Royal Palm
Waddell, AZ. 85355
602-291-3970
Maricopa County,
• Last year, the Developer and his Attorney fraudulently amended Section 2.4 of our White Tank Foothills CC&R
(Covenants, Conditions and Restrictions), which states that the Developer shall not change the lot count by more than
10% without notifying the homeowners. The Developer deleted this 10% restriction and DID NOT NOTIFY US! This is
fraudulent and part of their malicious strategy to request more than the 10% allowed by our original governing
documents. Without this illegally gotten unenforceable amendment, the Developer could only build 10%, or 39 additional
homes for a total of 429 homes in WTF Phase 3.
• The proposed Rezone will increase lots by 59% over the approved density from 390 homes to 657 homes. This
is inconsistent with the currently approved zoning for WTF Phase 3.
• Approving this Rezone will disrupt the transition of density. No lots in WTF Phase 3 should be narrower than
60-feet wide.
• White Tank Foothills is unique with mid-size lots offering room for private yard space, pools, and other
amenities. We are not a high-density community like Marley Park or Verrado with small lots and community club-
style amenities.
• This density is much too high for our neighborhood and was not part of the 2003 approved neighborhood plan
which was in place when the existing homes were built; nor was it our understanding when we purchased our home
in 2020 (an existing house) and were given, and agreed to, the 2018 HOA CC&R document. We offered a
compromise to the developer of one half of their proposed 380 lot additions but they refused that compromise offer so
we took it off the table.
• Remember, 77.4% of all homeowners within 300 feet of the Phase 3 development signed our petition to reduce
the number of lots built in Phase 3 closer to the 429 allowed by the CC&R’s. That is not an insignificant
participation number.
The Board of Supervisors should not encourage the unilateral change to CC&R’s that are a contract with
homeowners in Arizona. Without notice, how can we the homeowners know when the one-year challenge time
period starts? This is the second time they have done this. We did not know about the first time and the one-year
challenge period ended without challenge. The recent Arizona Supreme Court decision in Kalway v Calabria Ranch HOA
we believe has application here and the developer's unilateral amendment is unenforceable.
Please share our opposition with your team, including County Staff, Planning and Zoning Commissioners. We will be
attending the public hearing and we appreciate your consideration to deny this Rezone.
Sincerely,
Tammie Jansen
18259 W Butler Dr, Waddell AZ 85355
(920) 737-9358
Maricopa County,
• Last year, the Developer and his Attorney fraudulently amended Section 2.4 of our White Tank Foothills CC&R
(Covenants, Conditions and Restrictions), which states that the Developer shall not change the lot count by more than
10% without notifying the homeowners. The Developer deleted this 10% restriction and DID NOT NOTIFY US! This is
fraudulent and part of their malicious strategy to request more than the 10% allowed by our original governing
documents. Without this illegally gotten unenforceable amendment, the Developer could only build 10%, or 39 additional
homes for a total of 429 homes in WTF Phase 3.
• The proposed Rezone will increase lots by 59% over the approved density from 390 homes to 657 homes. This
is inconsistent with the currently approved zoning for WTF Phase 3.
• Approving this Rezone will disrupt the transition of density. No lots in WTF Phase 3 should be narrower than
60-feet wide.
• White Tank Foothills is unique with mid-size lots offering room for private yard space, pools, and other
amenities. We are not a high-density community like Marley Park or Verrado with small lots and community club-
style amenities.
• This density is much too high for our neighborhood and was not part of the 2003 approved neighborhood plan
which was in place when we built our homes. We offered a compromise to the developer of one half of their proposed
380 lot additions but they refused that compromise offer so we took it of the table.
• Remember, 77.4% of all homeowners within 300 feet of the Phase 3 development signed our petition to reduce
the number of lots built in Phase 3 closer to the 429 allowed by the CC&R’s. That is not an insignificant
participation number.
The Board of Supervisors should not encourage the unilateral change to CC&R’s that are a contract with
homeowners in Arizona. Without notice, how can we the homeowners know when the one-year challenge time
period starts? This is the second time they have done this. We did not know about the first time and the one-year
challenge period ended without challenge. The recent Arizona Supreme Court decision in Kalway vCalabria Ranch HOA
we believe has application here and the developer's unilateral amendment is unenforceable.
Please share our opposition with your team, including County Staff, Planning and Zoning Commissioners. We will be
attending the public hearing and we appreciate your consideration to deny this Rezone.
Sincerely,
Tyson Dziob
18005 west Diana Avenue
Waddell, AZ 85355
(860) 307-6477
James Ehinger
T (602) 440-4837
F (602) 257-6937
Email:jehinger@clarkhill.com
Clark Hill
3200 North Central Avenue, Suite 1600
Phoenix, AZ 85012
T (602) 440-4800
F (602) 257-9582
ClarkHill\L2765\445887\267423025.v8-6/7/22
June 7, 2022
VIA EMAIL: Agenda.Comments@Maricopa.gov
Board of Supervisors
Maricopa County
301 W. Jefferson Street
Phoenix, AZ 85003
Re: White Tank Foothills Phase 3, Cases # DMP2021001 and Z2021050,
Supervisor District No. 4; June 8, 2022 Agenda Items #9 and 10.
Comments of Homeowners in the White Tank Foothills Development in
Opposition to Requested Amendment to the White Tank Foothills
Development Master Plan and applicable zoning overlay to increase
land use density.
Dear Sirs:
Clark Hill represents and submits the following comments on behalf of a group of
concerned homeowners in Phases 1 and 2 of the White Tank Foothills Master Plan
Development area (“White Tank Foothills”) whose properties will be adversely affected by
the request of the owner/applicant, Citrus & Lower Buckeye LLC (“Owner”) to increase the
permissible building density in Phase 3 of the White Tank Foothills Development Master Plan
(“DMP”) from the currently-allowed 387 units to nearly double that density at 654 units.
It is our understanding that the homeowners in White Tank Foothills have already
advised the Board of their opposition to the requested density increase, and they have also
advised the Board of adverse impacts that the requested changes will have on the values of
their homes and the quality of life for which they bargained and paid when they bought
homes in White Tank Foothills. The homeowners have retained us to apprise the Board of
the legal aspects of the Owner’s request, and, in particular, that, in our opinion, the Owner
cannot legally build to the density requested.
In addition to the grounds previously brought to the Board’s attention, the White
Tank Foothills homeowners oppose Owner’s application on the grounds that it would be
futile to allow the requested rezoning, because Owner cannot legally build to the density
requested, because the density “cap” imposed by Article 2.4 of the Conditions, Covenants
and Restrictions for White Tank Foothills, recorded May 24, 2006, Maricopa County
Recorder’s Document No. 20060704323 (the “CCRs”) mandates that the number of units in
the development can never be increased by more than 10%. Although Owner and the
White Tank Foothills Community Association (the “HOA”) purported to amend the CC&Rs on
August 13, 2021 to delete Article 2.4 from the CC&Rs, thereby eliminating the density cap,
Maricopa County Board of Supervisors
June 7, 2022
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ClarkHill\L2765\445887\267423025.v8-6/7/22
that Second Amendment was and is invalid for a variety of reasons, and the density
provisions of Article 2.4 still govern development of this property.
Moreover, the Owner’s and the HOA’s attempt to surreptitiously amend the CC&Rs so
as to relieve Owner of these density restrictions also constitutes a violation of their legal
duties of fairness and loyalty to the hundreds of homeowners who have already purchased
units in the development, and the 8/13/2021 amendment is void and unenforceable for
those reasons as well.
Owner cannot renege on its predecessors’ express promise that the density in White
Tank Foothills would never be increased by more than 10%, and so its request to change
the applicable zoning so as to double the density of Phase 3 is a futile waste of this Board’s
time and should be rejected by this Board.
I.
HISTORY OF THE DEVELOPMENT AND THE CCRs
Development of the White Tank Foothills project began in 2002 when this Board
approved Owner’s predecessor’s request for a Development Master Plan to develop
approximately 640 acres located on the southwest corner of Citrus Avenue and Olive
Avenue into low-density residential housing (“DMP200002”). The site was planned to be
developed in three phases. The Planning and Development Department’s condition “r” to
approval of that DMP was that “[t]he total number of dwelling units for the White Tanks
Foothills Development Master Plan shall not exceed 1,286.” (See, P&D Ltr of 12/3/01 to
Beus Gilbert, PLLC, attached as Appendix “A”.)
In 2014, Owner’s predecessor requested a further amendment to its Development
Master Plan, and the related zoning, in order to add an additional 95 dwelling units to the
project. Those requests were approved, with the condition that the total number of dwelling
units in the development would not exceed 1,381.
Over the past decade and a half, Phases 1 and 2 of the White Tank Foothills
Development have been fully built out, and those residential units sold to more than 800
private individuals. Those purchases were made subject to, and in reliance upon, the
original CC&Rs recorded on May 24, 2006, a copy of which is attached here to as Appendix
“B”. Until recently, the CC&Rs had never been amended, and this Board’s prior approvals of
minor changes to the White Tank Foothills Development Master Plan, and the White Tank
Foothills homeowners’ purchases have all been made on the basis of the original CC&R’s.
The current Owner now wishes to build out Phase 3 of the development. However,
rather than building the additional 387 units permitted under the Board’s 2014 Amendment
to the Plan, Owner is asking for a zoning change that would theoretically allow it to build an
additional 654 units – nearly double the density permitted under the existing DMP, and far
above the density permitted under the CC&Rs.
II.
OWNER IS BOUND BY THE CC&RS’ DENSITY CAP
Homes in Phases 1 and 2 of the White Tank Foothills Development were sold with the
promise and understanding that the low-density character of the development would not
and could not be changed by the build-out of later phases. The low-density nature of the
project was assured by Article 2.4 of the CC&Rs, which provides:
Maricopa County Board of Supervisors
June 7, 2022
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ClarkHill\L2765\445887\267423025.v8-6/7/22
2.4
Development Plan
Notwithstanding any other provision of this Declaration to the
contrary, the Declarant, with the approval of the County but
without obtaining the consent of any other Owner or Person,
shall have the right to make changes or modifications to the
development plan with respect to any property owned by the
Declarant in any way which the Declarant desires including, but
not limited to, changing the density of all or any portion of the
property owned by such Declarant or changing the nature or
extent of the uses to which the property may be devoted;
provided, however, that the change or modification shall
not increase or decrease the number of lots permitted
under the existing Development Plan by more than ten
percent (10%). (Emphasis added.) (CC&R’s, p. 8.)
Owner’s predecessor has exercised its rights under this provision on several
occasions. It has made minor adjustments to the uses to which portions of the property
have been devoted, and in 2014 the Owner exercised its rights under this provision to add
an additional 95 residential lots to the development.
However, by its plain terms, Article 2.4 restricts the owner’s right to add additional
lots in White Tank Foothills to 10% of the total number of lots permitted under the
Development Master Plan in existence at the time the CC&Rs were recorded. Rounding up
from the permitted figure of 1,286, the Owner is entitled to add a maximum of 129
additional lots to the development. As the Owner already added an additional 95 lots to the
development in 2014, a total of only 34 additional lots can now be permissibly added under
the CC&Rs. The Owner’s present request, of course, far exceeds the remaining maximum,
and the Owner is seeking to add an additional 267 lots to the development – 234 more lots
than it can legally build.
It is our understanding that the Owner claims to have been relieved of the density
cap of Article 2.4 by virtue of the Second Amendment to the CC&Rs recorded on August 13,
2021, which purported to delete Article 2.4 from the CC&Rs. (A copy of the Second
Amendment is attached hereto as Appendix “C”.) That argument is unavailing, because the
purported Second Amendment is invalid, for a number of reasons.
Article 11.3 of the CC&Rs (pp. 50-51) provides that the Declaration may be amended
at any time by the affirmative vote or written consent of Owners holding not less than two-
thirds (2/3) of the Eligible Votes in the Association. However, Arizona’s courts have
repeatedly held that, even when the majority of owners have the power to amend CC&Rs,
the common law prohibits them from exercising that power to make fundamental changes in
the CC&Rs, unless the language of the CC&Rs themselves gave fair notice that the particular
amendment might occur. As recently stated by the Arizona Supreme Court in Kalway v.
Calabria Ranch HOA, LLC, 252 Ariz. 532, 506 P.3d 18 (2022):
[The power to amend CC&Rs] does not displace the common
law, which prohibits some amendments even if passed by a
majority vote. The original declaration must give sufficient
notice of the possibility of a future amendment; that is
amendments must be reasonable and foreseeable.
Maricopa County Board of Supervisors
June 7, 2022
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ClarkHill\L2765\445887\267423025.v8-6/7/22
The Supreme Court also held that a general provision in the Declarations, like that in
the CC&Rs here, giving the majority the power to amend the Declaration from time to time,
was not sufficient to empower the majority to enact amendments that were not reasonably
foreshadowed by the language of the original CC&Rs. Again, as stated by the Court, “even
a broad grant of authority to amend an original declaration is insufficient to allow the
majority of property owners to adopt and enforce restrictions on the minority without
notice.” Otherwise, owners who had already purchased lots in reliance upon the existing
CC&Rs would be deprived of the benefits of their reasonable expectations at the time of
purchase. (252 Ariz., at 538, ¶14.) As observed by the Court:
The notice requirement relies on a homeowner’s reasonable
expectations based on the declaration in effect at the time of
purchase – in this case, the original declaration. Under general
contract law principles, a majority could impose any new
restriction on the minority because the original declaration
provided for amendments by a majority vote. But allowing
substantial, unforeseen, and unlimited amendments would alter
the nature of the covenants to which the homeowners originally
agreed. (252 Ariz., at 538, ¶15.)
In order for an amendment to be valid and enforceable, the original covenant itself
“must give notice that … the covenant can be amended to reframe it, correct an error, fill in
a gap, or change it any particular way. (Citations omitted.) But future amendments cannot
be ‘entirely new and different in character,’ untethered to an original covenant. (Citations
omitted.) Otherwise, such an amendment would infringe on property owners’ expectations
of the scope of the covenants.” (252 Ariz., at 539, ¶17.)
The situation faced by the White Tank Foothills homeowners is even more egregious
than that addressed by the Supreme Court in Kalway v. Calabria Ranch, in which the
majority owners sought to add new restrictions on issues as to which the original CC&R’s
had been silent. By contrast, Article 2.4 of the CC&Rs here didn’t simply fail to give notice
that it might someday be eliminated so as to allow the developer to increase the housing
density at will. Rather, Article 2.4 expressly promised purchasers that housing density in
the development would never be increased by more than ten percent. The Owner’s
attempt to surreptitiously relieve itself of that obligation is unlawful and void; and the
original restrictions of Article 2.4 still govern the use and development of this property.
Arizona law in this regard reflects the general rule of American law that the
developer of a common-interest community cannot change the game for its own enrichment
after homeowners have invested in a development. As stated in § 6.21 of the Restatement
(3rd) of Property (Servitudes):
A developer may not exercise a power to amend or modify the
declaration in a way that would materially change the character
of the development or the burdens on the existing community
members unless the declaration fairly apprises purchasers that
the power could be used for the kind of change proposed.
It’s indisputable that the increased density requested by Owner both materially
changes the low-density character of White Tank Foothills and burdens the existing
community members with decreased property values, loss of views, and increased traffic
Maricopa County Board of Supervisors
June 7, 2022
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ClarkHill\L2765\445887\267423025.v8-6/7/22
and congestion. It is also indisputable that Owner cannot unilaterally relieve itself of the
density restrictions of CC&R Article 2.4, and therefore cannot build Phase 3 to the density of
the zoning amendments requested.
In addition, and separate from the foregoing, it should also be noted that Article 11.3
of the CC&R’s (at p. 51), which discusses amendment of the Declaration, contains the
further caveat that “notwithstanding any other provision of this Declaration to the contrary,
this Declaration may not be amended to conflict with the conditions of approval of the Plat
by the County … unless the Plat is abandoned.”
As noted above, one of the conditions imposed upon approval of this Plat was that
the number of units not exceed 1,381. The attempt to rewrite the declarations so as to give
Owner an unlimited right to build beyond that density is clearly contrary to that condition
and provides an additional and alternative basis upon which the August 13, 2021 Second
Amendment is void and of no effect.
III.
THE OWNER AND HOA VIOLATED THEIR DUTIES TO THE HOMEOWNERS BY
ENACTING THE SECOND AMENDMENT
It is a well-established rule of Arizona law that CC&R’s constitute a contract between
the project’s developer and each of the individual home owners. Dreamland Villa
Community Club v. Raimey, 224 Ariz. 42, 47, ¶ 19, 226 P.3d 411, 416 (App. 2010). As
with all contracts in Arizona, the CC&R’s impose a duty of good faith and fair dealing that
prohibits the parties from taking actions that would deprive the other of the expected
benefits of the transaction, even if those actions do not directly violate the terms of the
agreement. Wells Fargo Bank v. Ariz. Laborers, Teamsters and Cement Masons Local No.
395 Pension Trust Fund, 201 Ariz. 474, 490, ¶59, 38 P.3d 12, 28 (2002).
Likewise, the directors of a homeowners’ association have duties of loyalty and
fairness that obligate them to operate the association in the best interests of the entire
community and to refrain from for their own benefit at the expense of the community as a
whole.1 A.R.S. § 10-3830(A); Restatement (3rd) of Property (Servitudes), § 6.14.
However, as White Tank Foothills is still under Declarant Control, the Owner appointed the
directors of the White Tank Foothills HOA and controls all of its activities, depriving the
homeowners of what should be a crucial safeguard of their rights and interests.
The August 13, 2021 Second Amendment was adopted by the Owner using the
special voting power given to it under Articles 5.6 and 5.7 of the CC&R’s and recorded by
the HOA’s board of directors. Both actions were violations of the Owner’s and the HOA’s
legal duties to the White Tank Foothills homeowners.
The Second Amendment not only purported to unlawfully deprive the existing owners
of the benefits of the density cap embodied in Article 2.4, but the amendment was adopted
and recorded in secrecy, without any notice to the homeowners that this fundamental
change was being made. This tactic was apparently employed to take advantage of another
1 The White Tank Foothills Community Association, referred to in this letter as the “HOA,”
was formed on May 2, 2006, as an Arizona Nonprofit Corporation. As such, its directors are
subject to Arizona law governing the duties and obligations of corporate directors.
Maricopa County Board of Supervisors
June 7, 2022
Page 6
ClarkHill\L2765\445887\267423025.v8-6/7/22
provision of Article 11.3, which states that any challenge to an amendment to the
Declaration “must be made within one (1) year after the Recording of the amendment”.
Although it is questionable whether a challenge to the Second Amendment based on
the common law contract doctrines discussed in Kalway v. Calabria Ranch would be subject
to that one-year limitation, the Owner and its captive HOA board apparently wished to
insulate themselves from potential homeowner challenges to the Second Amendment by the
simple expedient of keeping its recording a secret.
Actions taken by a Developer and an HOA in violation of their legal duties are void
and invalid. Thus, the Second Amendment to the CC&R’s, which purported to eliminate the
density cap, is not only substantively invalid for attempting to materially change the
character of the White Tank Foothills development and deprive its homeowners of the
benefit of their bargained-for expectations, but the very manner in which it was
implemented also renders it void.
IV.
THE REQUESTED ZONING CHANGES MUST BE DENIED
The zoning changes requested by Citrus & Lower Buckeye LLC in pending Cases #
DMP2021001 and Z2021050 seek to increase the permissible building density in Phase 3 of
the White Tank Foothills Development Master Plan beyond the level to which the Owner can
legally build Phase 3 of this property. In fact, while Owner seeks zoning that would
theoretically allow it to build an additional 267 lots in Phase 3, the CC&R’s which govern this
property legally restricted Owner to building no more than 34 additional lots.2
Thus, the zoning changes requested by Citrus & Lower Buckeye LLC are pointless,
and its request for those changes should be denied.
Sincerely,
CLARK HILL
James Ehinger
JE:pd
Attachments (3)
2 The legal issues discussed in this letter are not intended to be either exhaustive or
exclusive, and the White Tank Foothills homeowners reserve the right to raise any other or
additional grounds regarding the invalidity of the Second Amendment to the CC&R’s, or any
other relevant legal arguments and/or authorities, in the event of a legal challenge based on
or relating to any of the issues addressed in this letter.
Attachment A
Planning & Development Letter to
Beus Gilbert, 12/03/2021