06.Z250035 PZ Staff Report
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Z250035 Page 1 of 7 Report to the Planning and Zoning Commission Prepared by the Maricopa County Planning and Development Department Case: Z250035 - 99th Ave & Olive Ave Modification of Conditions Hearing Date: January 8, 2026 Supervisor District: 4 Applicants: Ashley Z. Marsh and Michelle Santoro, Gammage & Burnham, P.L.C. Owner: Lennar Arizona, LLC Request: Modification of Conditions to approval of the R1-6 RUPD zoning district Site Location: Generally located at the northeast corner of Olive Ave. and 99th Ave. in the Sun City/Peoria area Site Size: 15.35 acres Density: 5.88 dwelling units per acre County Island: No County Plan: White Tank Grand Avenue Area Plan (WTGAAP) Single Family – Transitional Lot Municipal Plan: N/A Municipal Comments: None received to date Support/Opposition: None known Recommendation: Approve with conditions Z250035 Page 2 of 7 Project Summary: 1. The applicants are requesting a modification of conditions to an the approved R1-6 RUPD zoning district per case number Z2021003 (Riverwalk). Specifically, the request would modify condition “a” and remove condition “g” which requires the subdivision be age-restricted with at least one resident per household being 55 years or older. No other conditions of approval are proposed to be changed. The proposed changes are shown below with new language underlined and bold and eliminated language with strikethrough: a. Development of the site shall be in substantial conformance with the Narrative Report entitled “Riverwalk”, consisting of 25 pages, dated April 23, 2021, and stamped received April 23, 2021, except as modified by the following conditions and removing minimum age requirements with a revised narrative dated October 28, 2025. g. Concurrent with recordation of subdivision plat/s deed restriction shall be recorded establish all lots as age restricted so at least one household resident shall be 55+ 2. The subdivision, known as Riverwalk, was originally approved in July 2021with R1-6 RUPD zoning and proposed 89 single-family lots that are actively being permitted after the site was platted under MCR-20240138054. The site is located at the southeastern edge of the Sun City area but is not within the Senior Citizen (SC) overlay zoning district. While the Maricopa County Zoning Ordinance establishes a 55+ occupancy requirement for properties within the SC, those regulations do not apply to this site and thus remain unchanged about Sun City or any other areas within SC overlay zoning districts. 3. The site is not within an SC, but was approved with an age-restriction to align more closely with the adjacent Sun City neighborhoods located to the north and west across 99th Ave. Removal of the age restriction would not affect the age-restricted status of any neighborhoods in Sun City subject to an SC. Prior to 2023 and update of the White Tank Grand Avenue Area Plan, the site was designated as “Retirement Community.” That designation was removed as part of the plan update, and the site is now designated as “Single Family – Transitional Lot.” No changes are proposed to the previously approved site plan or subdivision plat. Z250035 Page 3 of 7 Aerial photo of subject site, oriented north Aerial image & surrounding environs Z250035 Page 4 of 7 Eagle view of subject site (oriented west, aerial image dated 10/18/20) Existing On-Site and Adjacent Zoning / Land Use: 4. On-site: R1-6 RUPD/ Proposed Subdivision North: R-4 SC / Apartment Complex South: Olive Ave then Peoria / New River Wash East: New River wash then Peoria / Residential Subdivision West: 99th Ave then R1-6 SC / Residential Subdivision Zoning District map. Z250035 Page 5 of 7 Utilities and Services: 5. Water: EPCOR Wastewater: EPCOR Fire: Sun City Fire District Police: MCSO Right-of-Way: 6. The following table includes existing and proposed half-width right-of-way and the future classification based upon the Maricopa County Department of Transportation (MCDOT) Major Streets and Routes Plan. Street Name Half-width Existing R/W Half-width Proposed R/W Future Classification Olive Ave 65’ N/A Principle Arterial 99th Ave 55’ N/A Principle Arterial Adopted Plan: 7. White Tank Grand Avenue Area Plan (adopted December 6, 2023): Single Family Transitional Lot (3-5 du/ac) Public Participation Summary: 8. The applicant completed the requirements for on-site posting notifications and initial notification of all property owners within 300-feet of the site and area stakeholders. Staff received one letter of opposition. Outstanding Concerns from Reviewing Agencies: 9. N/A Staff Analysis: 10. Staff supports the requested modification of conditions. While the original zone change anticipated that the subdivision would remain age-restricted, the change to remove the age restriction is reasonable due to the site’s location on the periphery of but physically separated from Sun City. Nearby residential development south of Olive Ave. is not age-restricted. Approval of this request would not set a precedent that would undermine the integrity of the SC overlays in Sun City. 11. Staff also notes that the original wording of condition “g” differs from that of the SC overlay zoning district outlined in the county’s zoning ordinance and from the typical Sun City age-restriction standards. It only requires that one household member be 55 years or older and does not restrict the presence of minors. As with the original zone change request, staff did not receive any formal comments from stakeholder groups such as the Sun City Home Owners Association (SCHOA), which was notified via email at the time of application. Z250035 Page 6 of 7 Recommendation: 12. Staff recommends the Commission adopt a motion recommending that the Board of Supervisors approve Z250035 subject to modified condition ‘a’, elimination of condition ‘g’ with relabeling the following conditions ‘a’ – ‘h’: a. Development of the site shall be in substantial conformance with the Narrative Report entitled “Riverwalk”, consisting of 25 pages, dated April 23, 2021, and stamped received April 23, 2021, except as modified by the following conditions and removing minimum age requirements with a revised narrative dated October 28, 2025. b. The following Planning Engineering conditions shall apply: 1. No development approval is inferred by this review, including, but not limited to number of proposed building lots, drainage design, access and roadway alignments. These items will be addressed as development plans progress and are submitted to the County for further review and/or entitlement. 2. The traffic study is under review at MCDOT. MCDOT comments will be provided to the applicant as part of the preliminary plat review (case number S2021007). 3. Engineering review of re-zone cases is conceptual in nature. All development and engineering design shall be in conformance with Section 1205 of the Maricopa County Zoning Ordinance; Drainage Policies and Standards; Floodplain Regulations for Maricopa County; MCDOT Roadway Design Manual; and current engineering policies, standards and best practices at the time of application for construction. c. All buildings subject to noise attenuation as per State law and Maricopa County requirements. d. The master developer shall notify future homeowners that they are located within the state-defined “territory in the vicinity of a military airport” with the following language: “You are buying a home or property in the ‘vicinity of a military airport’ as described by State of Arizona statute ARS §28-8481. Your house should include sound attenuation measures as directed by State law. You will be subject to direct over flights and noise by Luke Air Force Base jet aircraft in the vicinity. Luke Air Force Base executes over 200,000 flight operations per year, at an average of approximately 170 overflights per day. Although Luke's primary flight paths are located within 20 miles from the base, jet noise will be apparent throughout the area as aircraft transient to and from the Barry M. Goldwater Gunnery Range and other flight training areas. Luke Air Force Base may launch and recover aircraft in either direction off its runways oriented to the southwest and northeast. Noise will be more noticeable during overcast sky conditions due to noise reflections off the clouds. Z250035 Page 7 of 7 Luke Air Force Base's normal flying hours extend from 7:00 a.m. until approximately midnight, Monday through Friday, but some limited flying will occur outside these hours and during most weekends. For further information, please check the Luke Air Force Base website or contact the Maricopa County Planning and Development Department.” Such notification shall be recorded on all Final Plats, be permanently posted on not less than a 3 foot by 5 foot sign in front of all home sales offices, be permanently posted on the front door of all home sales offices on not less than an 8½ inch by 11 inch sign, and be included in all covenants, conditions, and restrictions (CC&Rs) as well as the Public Report and conveyance documents. e. Noncompliance with any Maricopa County Regulation shall be grounds for initiating a revocation of this Zone Change as set forth in the Maricopa County Zoning Ordinance. f. The property owner/s and their successors waive claim for diminution in value if the County takes action to rescind approval due to noncompliance with conditions. g. The granting of this change in use of the property has been at the request of the applicant, with the consent of the landowner. The granting of this approval allows the property to enjoy uses in excess of those permitted by the zoning existing on the date of application, subject to conditions. In the event of the failure to comply with any condition, the property shall revert to the zoning that existed on the date of application. It is, therefore, stipulated and agreed that either revocation due to the failure to comply with any conditions, does not reduce any rights that existed on the date of application to use, divide, sell or possess the property and that there would be no diminution in value of the property from the value it held on the date of application due to such revocation of the Zone Change. The Zone Change enhances the value of the property above its value as of the date the Zone Change is granted and reverting to the prior zoning results in the same value of the property as if the Zone Change had never been granted. h. The following R1-6 RUPD standards shall apply: 1. Minimum Lot Area: 3,600 sq. ft. 2. Minimum Lot Width: 45’ 3. Maximum Lot Coverage: 60% 4. Minimum Front Yard Setback: 10’ 5. Minimum Street Side Setback: 5’ 6. Minimum Rear Yard Setback: 5’ Presented by: Joel Landis, Planner Reviewed by: Rachel Applegate, Planning Supervisor Attachments: Case Map (1 page) Application (1 page) Narrative Report (16 pages) MC Engineering Comments (1 page) / Maricopa County Planning & Development - Phoenix, AZ 4 Gross Acres: 1 approx. Generated December 16, 2025 8:39 AM Z250035 Application Name: Legal Description Riverwalk Applicant Case Address Ryan Garofalo 9095 N 98TH DR Applicant Phone/Email Parcel Primary:142-62-976 (602) 256-4474 zoning@gblaw.com PEORIA, AZ 85345 Map scale 1:933 Supervisor District No. In order to provide wider community home ownership opportunities, Lennar is requesting to remove Condition #G to allow the sale of these single-story only, single-family homes to more diverse community Planning & Development Department 301 W. Jefferson St., Suite 170 Phoenix, Arizona 85003 P: 602.506.3301 Zone Change Modification of Condition(s) Application Packet 12/2/24 ZONE CHANGE MODIFICATION OF CONDITION(S) PROPERTY OWNER AUTHORIZATION APPLICATION ALL FEES ARE DUE AT TIME OF APPLICATION AND ARE NON-REFUNDABLE. REQUEST Project Name Description of Request: Existing Use of Property: Existing Zoning District: Requested number of conditions to be modified: Related Case Numbers: (List V# if site is subject to code violation) PROPERTY INFORMATION Address (if known): General Location (include nearest city/town): Size in Acres: Square Feet: Legal Description Section: Township: Range: Assessor’s Parcel Number(s): Subdivision Name (if applicable): OWNER’S AUTHORIZED AGENT INFORMATION Name: Contact: Address: City: State: Zip: Phone #: Fax #: Email: PROPERTY OWNER INFORMATION Name: Contact: Address: City: State: Zip: Phone #: Fax #: Email: PROPERTY OWNER AND OWNER’S AGENT AUTHORIZATION I (property owner) authorize (owner’s agent) to file this application on all matters relating to this request with Maricopa County. By signing this form as the property owner I hereby agree to abide by any and all conditions that may be assigned by the Maricopa County Board of Supervisors, Maricopa County Planning and Zoning Commission, or Maricopa County Planning and Development Department staff as applicable, as part of any approval of this request, including conditions, development agreements, and/or any other requirement that may encumber or otherwise affect the use of my property. PROPOSITION 207 WAIVER – SIGNATURE REQUIRED The property owner acknowledges that the approval being sought by this application may cause a reduction in the existing rights to use, divide, sell or possess the private property that is the subject of this application. The property owner further acknowledges that it is the property owner who has requested the action sought by the filing of this application. Therefore, with full knowledge of all rights granted to the property owner pursuant to A.R.S.§12-1132 through 1138, the property owner does hereby waive any and all claims for diminution in value of the property with regard to any action taken by Maricopa County as result of the filing of this application. Property Owner Signature: Date: VERIFICATION OF APPLICATION INFORMATION – SIGNATURE REQUIRED I certify that the statements in this application and support material are true. Any approvals or permits granted by Maricopa County in reliance upon the truthfulness of these statements may be revoked or rescinded. Owner or Authorized Agent Signature: Date: CASE INACTIVITY Cases which are not active within six (6) months will be considered inactive and closed by staff. A letter addressing the inactivity will be sent to the owner’s authorized agent or property owner with notification of the case to be closed within thirty (30) days. To pursue entitlement after the closing of the case, a new application and associated fees will need to be filed. Riverwalk Stipulation modification to remove age requirement for residents. Vacant R1-6 RUPD 1 NEC of 99th Ave and Olive Ave 15.3 29 3N 1E 142-62-919... etc (Already Platted with numerous parcel numbers) Riverwalk LENNAR ARIZONA LLC 1665 W Alameda Dr Ste 130 Tempe AZ 850282 Gammage & Burnham 40 N Central Ave 20th Floor Phoenix AZ 85004 602-256-0566 Ashley Z. Marsh / Michelle Santoro msantoro@gblaw.com Matthew Werner matthew.werner@lennar.com LENNAR ARIZONA LLC Gammage & Burnham 702-768-6512 10/27/2025 10/27/2025 99th Ave & Olive Ave Modification of Conditions Narrative Case No. xxxxxx Submitted: October 28, 2025 Prepared by: Gammage & Burnham, P.L.C. Ashley Z. Marsh / Michelle Santoro Phoenix, Arizona 85004 602.256.0566 | amarsh@gblaw.com / msantoro@gblaw.com Narrative – Modification of Stipulations 99th Ave & Olive Ave 10/28/2025 List of Exhibits . 1. Senior Citizen Overlay - Permit Z84-65 2. Senior Citizen Overlay - Permit Z84-65 (Enlarged) 3. 2023 White Tank Grand Avenue Area Plan Land Use Map 4. Zoning Map Narrative – Modification of Stipulations 99th Ave & Olive Ave 10/28/2025 I. INTRODUCTION Lennar Arizona, LLC (“Lennar”) is the owner of the approximate 15.35 gross acres of property generally located at the northeast corner of the 99th Avenue Olive Avenue in unincorporated Maricopa County (“Property”). The Property is currently platted for a single-family, detached residential subdivision, known as Riverwalk, and zoned R1-6 Single-Family Residential with a Residential Unit Planned Development overlay (“R1-6 RUPD”). II. PURPOSE OF REQUEST In 2021, the Property was rezoned to R1-6 RUPD by Case# Z2021003 and the Final Plat was recorded in 2024 (Doc#20240138054) for a single-family gated subdivision. As part of the Stipulations, #A - #I, approved with case Z2021003, Condition #G states, “Concurrent with recordation of subdivision plats deed restriction shall be recorded establish all lots as age restricted so at least one household resident shall be 55+”. This condition was included in the approval as this site was located within the White Tank/Grand Avenue Area plan and was designated as a retirement community. Though the Final Plat was recorded, the required deed restriction was not listed on the Final Plat, nor recorded by separate document. The Property is separated from an existing single family development 55+ community by 99th Ave, and only directly abuts the southern boundary of an existing 55+ multifamily developments (Brookhollow Apartments and Sun Wood Apartments). The remainder of the Property is adjacent to Olive Ave and the New River wash and trail system. In order to provide wider community home ownership opportunities, Lennar is requesting to remove Condition #G to allow the sale of these single-story only, single-family homes to more diverse community of future homeowners. Narrative – Modification of Stipulations 99th Ave & Olive Ave 10/28/2025 All other aspects of the original project narrative, including design standards and single story only, will remain. The original project rezoned the property from commercial and multifamily uses to the modified R1-6 standards to reduce lot size, a common response to market demands for smaller, low maintenance yards. To balance the smaller lots, the design provided a large centralized open space and multiple amenity areas with pedestrian connectivity. These original amenities included a pool, ramada, barbeque area, 2 pickleball courts, dog park, and large turf open areas. Consistent with the quality Lennar is known for, with the purchase of the Property, Lennar has added the following amenities to the neighborhood to significantly enhance this small, single-family residential neighborhood: - Swim lanes to the pool - Spa - Lounging areas with umbrellas - Fire Pit with café lights - BBQ with Trellis - Multi-use Covered turf area - A 3rd pickleball court - Tables and seating This robust amenity package was crafted to significantly elevate the lifestyle of this relatively small community of 89 single-story only homes in the ~1200sf - ~1500sf range. This application requests the modification of Condition #A and #G as follows: Condition #A: Development of the site shall be in substantial conformance with the Narrative Report entitled “Riverwalk”, consisting of 25 pages, dated April 23, 2021, and stamped received April 23, 2021, except as modified by the following conditions and removing minimum age requirements. Condition #G: “Concurrent with recordation of subdivision plat/s deed restriction shall be recorded establish all lots as age restricted so at least one household resident shall be 55+” The remaining conditions will all remain intact. III. DESCRIPTION OF PROPOSAL Site Plan. The site plan for Riverwalk was approved in 2021 and the final plat recorded in 2023 for a total of 89 Lots on 15.3 gross acres. Narrative – Modification of Stipulations 99th Ave & Olive Ave 10/28/2025 Narrative – Modification of Stipulations 99th Ave & Olive Ave 10/28/2025 Development Standards. The development standards provided below reflect the standards approved by Case# Z2021003. Development Standards R1-6 RUPD Lot Area (min.) 3,600 sq. ft Lot Area per Dwelling Unit (min.) 6,000 sq. ft. Lot Width (min.) 45 FT Lot Coverage (max.) 60% Building Height (max.) 30-feet Yard Regulations (min.) Front – 10FT Perimeter Side – 5 FT Street Side – 5 FT Rear– 5 FT Access, Circulation. The project is gated with public access from 99th Ave at the W Caron Drive alignment, and has secondary emergency access to Olive approximately 330’ east of 99th Ave. The interior streets of the Riverwalk subdivision will be private. Long Range Planning: As per comments from City staff at the Pre- Application Meeting (PA250159 9/23/25), “The site is not part of the Senior Citizen Overlay it is not required by the zoning ordinance to be an age restricted community.” The Maricopa County Plan Net Zoning Map shows the Senior Citizen Overlay put in place by Permit Z84-65 (Approved in 1984) covering a large swath of land from Olive Ave north to Beardsley Rd and generally between 91st Ave and 111th Ave, however, it does not cover the Property. (See Exhibit A & B) Exhibit B Narrative – Modification of Stipulations 99th Ave & Olive Ave 10/28/2025 The Property falls within the boundaries of the 2023 White Tank Grand Avenue Area Plan (the “Area Plan”) (See Exhibit C). The previous version of the Area Plan from 2000 designated the Property as “Retirement Community”. The 2023 update to the Area Plan removed the “Retirement Community” land use category altogether and now designates the future land use for the Property as ‘Single Family – Traditional Lot’ with no Senior Citizen or Retirement Community overlay. The property is separated from existing single-family 55+ community by 99th Ave, and only directly abuts the southern boundary of existing 55+ multifamily developments (Brookhollow Apartments and Sun Wood Apartments) to the north, both of which also do not fall within the Senior Citizen Overlay (Z84-65). Given these updates to the Area Plan and changes in buyer preferences and other market conditions, Lennar believes removing the age requirement stipulation to allow traditional housing to serve a more diverse community of homeowners would be appropriate for this project. IV. RELATIONSHIP TO SURROUNDING PROPERTIES The Overall Property is bound to the south by Olive Ave and the west by 99th Ave. The land to the east is vacant including the New River Trail Multi Use Path and wash and a Peoria Fire Station across the canal. To the south across Olive Ave is vacant land in City of Peoria jurisdiction also including the New River Trail Multi Use Path and wash. To the north are two multi-family developments, Brookhollow Apartments and Sun Wood Apartments. To the west, across 99th Ave is an R1-6 zoned single family development / Sun City Unit 8, and a C-2 Commercial Corner with a local pizzeria restaurant. (See Exhibit D Zoning Map) Direction Zoning North R-4 Multifamily (Maricopa) South Olive Ave & City of Peoria Vacant Land Zoned C-2 Commercial East RU-43 / Canal (Maricopa) West 99th Ave then R1-6 / Sun City Unit 8 & C-2 Commercial Corner (Maricopa) Narrative – Modification of Stipulations 99th Ave & Olive Ave 10/28/2025 V. DEVELOPMENT SCHEDULE The subdivision is currently under land development and no phasing is proposed. VI. COMMUNITY FACILITIES AND SERVICES Community Facilities in the area include: • Peoria Fire Department Station 194: 500 ft. • Maranatha Baptist Church: 0.5 Miles • Mountain View Recreation Center: 0.8 Miles • Sun Bowl Amphitheatre: 1 Mile • Sun City Softball Complex: 1 Mile • Sun Valley Elementary School: 0.4 Miles • Country Meadows Elementary School: 1.2 Miles VII. PUBLIC UTILITIES / SERVICES Water: EPCOR Wastewater: EPCOR Police Protection: Maricopa County Sheriff’s Office Fire Protection: Sun City Fire District Electric: APS Telephone: FisionX/Cox Gas: Southwest Gas Refuse: Waste Management VIII. CONCLUSION This request for a modification of the stipulation that requires a minimum age for a single resident per lot in the Riverwalk community reflects a change in market conditions in the area as well as updates the Project to better align with the updated 2023 Area Plan, which discarded “Retirement Community” as a land use designation. This request will allow Lennar to bring more housing to the market, and additional opportunities to a more diverse group of individuals and future homeowners. Narrative – Modification of Stipulations 99th Ave & Olive Ave 10/28/2025 Exhibit A 2023 White Tank Grand Avenue Area Plan Narrative – Modification of Stipulations 99th Ave & Olive Ave 10/28/2025 2023 White Tank Grand Avenue Area Plan Land Use Map Narrative – Modification of Stipulations 99th Ave & Olive Ave 10/28/2025 Exhibit B Senior Citizen Overlay Permit Z84-65 Narrative – Modification of Stipulations 99th Ave & Olive Ave 10/28/2025 Senior Citizen Overlay Permit Z84-65 (Approved in 1984) Olive Ave Beardsley Rd Narrative – Modification of Stipulations 99th Ave & Olive Ave 10/28/2025 Exhibit C Senior Citizen Overlay Permit Z84-65 (Enlarged) Narrative – Modification of Stipulations 99th Ave & Olive Ave 10/28/2025 Senior Citizen Overlay Permit Z84-65 (Enlarged) (Approved in 1984) Narrative – Modification of Stipulations 99th Ave & Olive Ave 10/28/2025 Exhibit D Zoning Map Narrative – Modification of Stipulations 99th Ave & Olive Ave 10/28/2025 Zoning Map (Peoria & Maricopa Jurisdiction) Anh Harambasic, PE Planning & Development 301 W. Jefferson St., Suite 170 Phoenix, Arizona 85003 Phone: (602) 506-3611 www.maricopa.gov/planning email address: Anh.Harambasic@maricopa.gov Planning & Development Engineering Plan Review Date: December 1, 2025 Memo To: Darren Gerard, AICP, Planning Manager, Department of Planning & Development Attn: Joel Landis, Planner, Planning & Development Services via: Doug Jones P.E., Engineering Supervisor, Planning and Development From: Anh Harambasic P.E., Plans Examiner Engineer, Planning & Development Subject: Z250035 APN(s): 142-62-976 NEC 99th Ave and Olive Ave. Riverwalk subdivision Description-Application request to modify the conditions of approval from zoning case Z2021003 to remove stipulation G: “Concurrent with the recordation of the subdivision plat(s) deed restriction shall be recorded establishing all lots as age restricted so that at least one household resident shall be 55+”. Engineering Review has reviewed the first plan set routed for review, for the subject application on 11.5.2025 and has no objections to the zoning case modification request subject to the following conditions: The following general stipulations will apply: GENERAL DRAINAGE REVIEW/INFORMATION 1. The requested stipulation modification shall not impact the originally approved grading and drainage plans. Please contact me with any questions.