Z2021031 BOS REPORT.PDF

Maricopa County — Formal (2021-11-17)

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November 17, 2021 
Z2021031 
Page 1 of 5 
Report to the Board of Supervisors 
Prepared by the Maricopa County Planning and Development Department 
 
 
 
Board Hearing Date: 
November 17, 2021 
 
Case #/Title:   
 
 
Z2021031 - 83rd Ave. & Broadway      
 
Supervisor District: 
5 
 
Applicant/Owner:  
Ashley Zimmerman-Marsh, Gammage & Burnham, PLC / 
Broadway 42 LLC  
 
Request: 
Modification 
of 
Conditions 
(Z2018100) 
to 
amend 
development standards of the R-5 RUPD zoning district 
 
Site Location: 
Generally located at the SWC (residential) and SEC 
(commercial) of Broadway Rd. and 83rd Ave. in the Phoenix 
area 
 
Site Size: 
Approx. 114 Acres 
 
County Island Status: 
Yes, City of Phoenix 
Additional 
Comments: 
There are no outstanding concerns from reviewing agencies. 
The applicant seeks a modification to the R-5 RUPD 
development standards. The subject property is located 
within a county island surrounded by the City of Phoenix 
covered by the Estrella Area Plan, which designates the site 
as Multiple Family Low (8 – 12 d.u./ac.) and Community Retail 
as amended by CPA2018007. The modification does not 
present a conflict with the Area Plan or the County’s 
Comprehensive Plan. 
 
The City of Phoenix provided comments indicating that the R-
5 zoning was not consistent with their general plan however, 
staff notes the site is already zoned R-5 RUPD (ref: Z2018100) 
and the subject request seeks to modify development 
standards of the R-5 RUPD zoning district while preserving the 
use and density. One person spoke in opposition at the 
Commission hearing and noted concerns regarding density 
and building height. There is no other known opposition to this 
RUPD zoning amendment. 
 
The Commission’s recommendation included the following 
revisions to the conditions listed in the staff report. The 
applicant agreed to the revisions to eliminate conditions ‘c.5’ 
and ‘c.6’, amended language for condition ‘c.8’, re-

November 17, 2021 
Z2021031 
Page 2 of 5 
numbering conditions ‘c.1’ – ‘c.12’, and amended language 
for conditions ‘d.1’ and ‘e’ shown below in legislative edit 
format (deleted verbiage struck-through and added 
language underscored): 
 
c. 
The following Planning Engineering conditions shall apply: 
 
5. 
Full access from 83rd Avenue must be maintained for 
neighboring parcels. 
 
6. 
A full intersection along 83rd Avenue may be 
considered for the potential access needed from both 
the development and the future commercial corner. 
 
8. 
Applicant must coordinate with Maricopa County 
Department of Real Estate in coordination with 
obtaining fee for the Bureau of 
Reclamation 
land/irrigation canal crossing 83rd Avenue. The 
applicant is advised that coordination between 
County Real Estate, the Bureau of Reclamation and 
SRP will be required related to the irrigation facilities 
crossing 83rd Avenue as part of any improvements to 
83rd Avenue. 
 
d. 
The following R-5 RUPD standards shall apply: 
 
For Single Family Traditional (Detached SFR or Attached 
Townhomes): 
 
1. 
height: 30’/ 3 2 stories 
 
e. 
No three-story residential homes shall be permitted along the 
north perimeter of the property abutting Broadway Rd. Three 
story residential homes shall be prohibited. Revised exhibits to 
be submitted within 30 days of Board approval. 
 
However, since the Commission hearing the applicant provided a revised narrative report and 
zoning exhibit to address the Commission’s recommendation in condition ‘e’ for updated 
documents addressing the prohibition against 3-story buildings. Staff concurs and offers the 
following revisions to conditions ‘a’, ‘b’ and ‘e’ from the Commission recommendation: 
 
a. 
Development of the site shall be in substantial conformance with the Zoning Exhibit 
entitled “83rd & Broadway”, consisting of one full-size sheet, dated and stamped 
received on September 10, 2021 October 26, 2021, except as modified by the following 
conditions. 
 
b. 
Development of the site shall be in substantial conformance with the Narrative Report 
entitled “83rd Avenue and Broadway Road”, consisting of 14 pages, dated and stamped 
received on September 10, 2021 October 26, 2021, except as modified by the following 
conditions.

November 17, 2021 
Z2021031 
Page 3 of 5 
 
e. 
Three story residential homes shall be prohibited. Revised exhibits to be submitted within 
30 days of Board approval. 
 
Staff recommends the Board motion for approval of Commission recommended conditions ‘a’ 
– ‘j’ but with revisions to conditions ‘a’, ‘b’ and ‘e’ as shown above. 
 
Commission  
 
Recommendation: 
On 10/21/21, the Commission voted 5-0, Commissioner 
Danzeisen recused, to recommend approval of Z2021031 
subject to conditions ‘a’ – ‘j’:  
  
a. 
Development of the site shall be in substantial conformance with the Zoning Exhibit 
entitled “83rd & Broadway”, consisting of one full-size sheet, dated and stamped 
received on September 10, 2021, except as modified by the following conditions. 
 
b. 
Development of the site shall be in substantial conformance with the Narrative 
Report entitled “83rd Avenue and Broadway Road”, consisting of 14 pages, dated 
and stamped received on September 10, 2021, except as modified by the 
following conditions. 
 
c. 
The following Planning Engineering conditions shall apply: 
 
1. 
Without the submittal of a precise plan of development, no development 
approval is inferred by this review, including, but not limited to 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. 
A traffic impact study must be submitted with the preliminary plat or plan 
of development application. 
 
3. 
Dedication of right-of-way along the following roadway alignments will be 
required prior to any development on the site: 
 
a. 
Broadway Road: 65 feet (ultimate half-width) 
 
b. 
83rd Avenue: 65 feet (ultimate half-width) and/or 130 feet (ultimate 
full width) 
 
Note that the above widths are considered minimum widths. Additional 
dedication may be required pending improvements that may be required 
by the MCDOT approved Traffic Impact Study. 
 
4. 
The preliminary plat application must indicate the realignment of 83rd 
Avenue to its section line alignment to remove the offset at Broadway 
Road. Any associated right-of-way abandonment must be performed in 
accordance with MCDOT requirements.

November 17, 2021 
Z2021031 
Page 4 of 5 
5. 
The applicant must notify ADOT about development through the Red Letter 
Process due to proximity of the SR30 alignment and potential interchange, 
RedLetter@azdot.gov. 
 
6. 
The applicant is advised that coordination between County Real Estate, 
the Bureau of Reclamation and SRP will be required related to the irrigation 
facilities crossing 83rd Avenue as part of any improvements to 83rd Avenue.  
 
7. 
A Warrant Study will need to be provided in the TIA for Broadway Road and 
83rd Avenue. 
 
8. 
If the internal roadways are planned to be dedicated to the county, any 
straightaways longer than 1000ft may need speed humps to mitigate 
potential speeding concerns within the development. 
 
9. 
Offsite improvements and any additional right-of-way will be determined 
by MCDOT Traffic Design and MCDOT Permits based on submittal of a 
TIA/TIS. 
 
10. 
Applicant to contact the City of Phoenix to notify them of work adjacent 
to their jurisdiction. 
 
11. 
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. 
 
12. 
Engineering review of planning and/or zoning cases is for conceptual 
design only and does not represent final design approval nor shall it entitle 
applicants to future designs that are not in conformance with Section 1205 
of the Maricopa County Zoning Ordinance and Drainage Policies and 
Standards; Floodplain Regulations for Maricopa County; and the MCDOT 
Roadway Design Manual. 
 
d. 
The following R-5 RUPD standards shall apply: 
 
 
For Neo-Traditional (Detached SFR or Attached Townhomes):  
 
1. 
Front Yard: 0’ 
2. 
Side Yard: 0’ 
3. 
Street Side Yard: 0’ 
4. 
Rear Yard: 0’ 
5. 
Lot Width: 30’ 
6. 
Lot Area: 2,300 sq. ft.  
7. 
Average Lot Area Per Dwelling Unit: 2,300 sq. ft.  
8. 
Lot Coverage: 65% 
 
For Single-Family Traditional (Detached SFR or Attached Townhomes): 
 
1. 
Height: 30’ / 2 stories

November 17, 2021 
Z2021031 
Page 5 of 5 
2. 
Front Yard: 18' (with a front loaded garage)/10' for side loaded garage or 
livable area of dwelling unit 
3. 
Street-Side Yard: 5’ 
4. 
Rear Yard: 12’ 
5. 
Lot Area: 3,500 sq. ft.  
6. 
Lot Width: 30’ 
 
 
e. 
Three story residential homes shall be prohibited. Revised exhibits to be submitted 
within 30 days of Board approval. 
 
f. 
Prior to approval of the initial final plat or precise plan of development approval, 
the applicant shall provide the Maricopa County Planning and Development 
Department with an executed pre-annexation service agreement with the City 
Phoenix that identifies the detail for when the proposed project will be annexed 
and the provision of water and sewer service. In lieu of pre-annexation service 
agreement the developer must provide a ‘will serve’ letter from the certificated 
water and sewer provider(s). 
 
g. 
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. 
 
h. 
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. 
 
i. 
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. 
 
j. 
Development shall include a 10-foot non-vehicular multi use trail within an open 
space tract along the north perimeter of the R-5 RUPD and C-2 zoned properties 
abutting Broadway Road. 
 
Presented by: 
 
Jose Castañeda, Planner 
Reviewed by: 
 
Darren Gérard, AICP, Planning Manager   
 
Attachments: 
 
10/21/21 P&Z Packet (37 pages) 
 
 
10/21/21 P&Z Handouts (19 pages)  
 
 
10/26/21 Updated Zoning Exhibit & Narrative Report (15 pages)  
 
Note: 
10/21/21 Draft P&Z Minutes are not available as of the writing of this report, but can 
be provided upon request later when available.

Z2021031 
Page 1 of 9 
Report to the Planning and Zoning Commission 
Prepared by the Maricopa County Planning and Development Department 
 
 
 
Case: 
Z2021031 – 83rd Ave. & Broadway  
 
 
 
 
Hearing Date: 
October 21, 2021 
 
Supervisor District: 
5 
 
 
 
  
 
Applicant: 
Ashley Zimmerman-Marsh, Gammage & Burnham, PLC  
 
Owner: 
Broadway 42 LLC 
   
Request: 
Modification of Conditions Z2018100 to amend Development 
Standards for Residential Development 
 
  
 
Site Location: 
Generally located at the SWC and SEC of Broadway Rd. and 83rd 
Ave. in the Phoenix area 
 
  
Site Size: 
Approx. 114 Acres 
 
Density: 
N/A 
 
County Island:  
Yes, City of Phoenix 
 
 
County Plan: 
Estrella Area Plan – Multiple Family Low (8 – 12 d.u./ac.) and 
Community Retail (ref: CPA2018007) 
 
Municipal Plan: 
City of Phoenix – Residential 
 
Municipal Comments: 
City of Phoenix 
 
Support/Opposition: 
None known 
 
Recommendation: 
Approve with conditions

Z2021031 
Page 2 of 9 
Project Summary: 
 
1. 
The applicant, Ashley Zimmerman-Marsh of Gammage & Burnham, is requesting the 
modification to certain conditions of approval that pertain to the residential 
development standards established under Z2018100 which previously rezoned the site 
from Rural-43 to R-5 RUPD and C-2. The rezoning of the subject site implemented certain 
variations to the base development standards based on product type and configuration 
as well as limiting the height of residential homes along the north perimeter of the 
property abutting Broadway Rd. According to the applicant, this request seeks to make 
the development standards more concise per product type, as well as allow for more 
flexibility to the traditional R-5 development standards.  
 
2. 
The proposed project is located at the southwest and southeast corners of Broadway Rd. 
and 83rd Ave. The site is within the City of Phoenix’s planning area and is currently being 
used as a dairy farm. The proposed four net acre commercial parcel would be located 
on the southeast corner of Broadway Rd. and 83rd Ave (currently APN 104-69- 006B), while 
the rest of the 104 net acres is located on the remaining of the parcels on the southwest 
corner of Broadway Rd. and 83rd Ave. 
 
3. 
The applicant has proposed the following modifications to the R-5 RUPD development 
standards. The modifications have been presented with the following three tables 
highlighting the proposed changes in bold. Staff notes that there are no changes 
proposed to the C-2 zoning of the subject site. 
 
R-5 RUPD Zoning District Standards – Single Family Traditional 
(Detached SFR or Attached Townhome) 
Regulation 
Existing R-5 RUPD 
Standards 
 Proposed R-5 RUPD 
Standards 
Height 
30’ / 2 stories – Detached 
SFR 40’ / 3 stories – 
Attached SFR Townhome 
40’ / 3 stories 
Front Yard  
18’ (with a front loaded 
garage) / 
10’ for side loaded 
garage or livable area of 
dwelling unit 
18’ (with a front loaded 
garage) / 
10’ for side loaded garage 
or livable area of dwelling 
unit 
Side Yard 
5’ 
5’ 
Street-Side Yard 
10’ 
5’ 
Rear Yard  
25’ – Detached SFR 
12’ – Attached SFR 
Townhome 
12’ 
Lot Area 
4,000 sq. ft.  
3,500 sq. ft.  
Lot Width 
40’ – Detached SFR 30’ – 
Attached SFR Townhome 
30’ 
Average Lot Area 
Per Dwelling Unit 
1,000 sq. ft.  
1,000 sq. ft.  
Lot Coverage 
60% 
60% 
Parking Spaces 
2 
2

Z2021031 
Page 3 of 9 
R-5 RUPD Zoning District Standards –Neo-Traditional 
(Detached SFR or Attached Townhome) 
Regulation 
Existing R-5 RUPD 
Standards 
Proposed R-5 RUPD 
Standards 
Height 
40’ / 3 stories 
40’ / 3 stories 
Front Yard 
5’ (13’ for side loaded 
garage or livable area of 
dwelling unit if 8’ PUE is 
required) 
0’ 
Side Yard 
5’ or 2’ for side-turn garage 
(for SFR) 
0’ 
Street-Side Yard 
5’ 
0’ 
Rear Yard 
5’ 
0’ 
Lot Area 
2,500 sq. ft. 
2,300 sq. ft. 
Lot Width 
40’ – Detached SFR 30’ – 
Attached SFR 
30’ 
Average Lot Area 
Per Dwelling Unit 
2,500 sq. ft. 
2,300 sq. ft. 
Lot Coverage 
60% - Detached SFR 65% - 
Attached SFR 
65% 
Parking Spaces 
2 
2 
 
R-5 Zoning District Standards – Multi-Family – No changes 
(Apartments or Condominiums) 
Regulation 
Base R-5 Standards 
Height 
40’ 
Front Yard 
20’ 
Side Yard 
5’ 
Street-Side Yard 
10' 
Rear Yard 
25’ 
Lot Area 
6,000 sq. ft. 
Lot Width 
60’ 
Average Lot Area 
Per Dwelling Unit 
1,000 sq. ft. 
Lot Coverage 
60% 
Parking Spaces 
2 
 
Existing On-Site and Adjacent Zoning / Land Use: 
 
4. 
On-site: 
 
C-2 and R-5 RUPD  / Dairy Farm 
North: 
Broadway Rd. then City of Phoenix S-1 / Agricultural  
South: 
City of Phoenix RE-43 / Police Facility and Agricultural  
East: 
83rd Ave. then RU-43 / Agricultural  
West: 
87th Ave then RU-43/ Single-Family Residence

Z2021031 
Page 4 of 9 
Zoning Exhibit 
 
 
PlanNet Image

Z2021031 
Page 5 of 9 
Utilities and Services: 
 
5. 
Water: 
 
City of Phoenix  
Wastewater: 
City of Phoenix 
School Districts: 
Union Elementary School District / Tolleson Union High School District 
Fire: 
Rural Metro 
Police:  
Maricopa County Sheriff’s Department 
 
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 
Broadway Rd. 
33’ & 40’ 
65’ 
Minor Arterial 
83rd Ave.  
33’ 
65’ and/or 130’ (for 
the full width) 
Minor Arterial 
 
Adopted Plans: 
 
7. 
Estrella Area Plan (adopted 1992): The site is within the Estrella Area as Multiple Family Low 
(8 – 12 d.u./ac.) and Community Retail as amended by CPA2018007 Comprehensive 
Plan Amendment. The site is also within the City of Phoenix general plan. 
 
8. 
Phoenix General Plan (adopted 2015): Residential (5 – 10 d.u./ac.), Mixed Use 
(Commercial/Residential 
10 
- 
15 
d.u./ac.), 
Commercial, 
and 
Mixed 
Use 
(Industrial/Commerce/Business Park). 
 
Public Participation Summary: 
 
9. 
The applicant has complied with the Maricopa County Citizen Review Process. On April 
14th the applicant posted three (3) Notice of Application/Public Hearing signs on the 
property, two (2) signs along the property’s Broadway Road frontage and one (1) sign 
along the property’s 83rd Avenue frontage. With the required posting of the property, 
the applicant mailed a Notice of Application letter to property owners within 300-feet of 
the property and areas of interest. The applicant has provided labels and postage for 
the notification by first class mail to adjacent property owners within 300’ of the subject 
parcel and interested parties by County Staff. 
 
10. 
Staff received one letter from the City of Phoenix noting that the R-5 zoning category is 
not consistent with portions of the Phoenix General Plan Land Use Map designation for 
the site. The City Of Phoenix provided recommendations that the proposed project meet 
the City of Phoenix R-3A development standards and provided recommendations for 
setbacks and landscaping design. Staff notes that the recommendations provided by 
the City of Phoenix are not enforceable by staff. Additionally, the site is already zoned R-
5 and in order to align with the R-3A standards some development standards would need 
to be modified to be more restrictive than what was previously approved per Z2018007 
or the base R-5 development standards. The City of Phoenix has also provided a ‘Will

Z2021031 
Page 6 of 9 
Serve” letter for water and Sewer services. Staff has received no calls or letters of 
support/opposition from the public as of the writing of this staff report. 
 
Outstanding Concerns from Reviewing Agencies: 
 
11. 
N/A. 
 
Staff Analysis: 
 
12. 
Staff is supportive of the request to modify the development standards of the R-5 RUPD 
zoning district. The proposed changes to the RUPD do not present a conflict with the 
county area plan as amended by CPA2018007 and the applicant is proposing an 
average lot area per dwelling unit that will still meet base R-5 zoning district standard. 
Staff notes that while the existing R-5 zoning category is not consistent with the City of 
Phoenix general plan it is the existing zoning of the site. Staff is of the opinion that the 
proposed changes do not present a significant change to the previously approved 
development standards and further serve to condense the development standards 
within the subject site, as such staff offers the following amended conditions related to 
the allowed RUPD standards: 
 
d.  
The following R-5 RUPD standards shall apply: 
 
For Neo-Traditional (Detached SFR or Attached Townhomes):  
 
1. 
Front Yard: 5’ (13’ for side loaded garage or livable area of dwelling unit if 8’ PUE 
is required) 0’ 
2. 
Side Yard: 5' or 2' for side-turn garage (for SFR) 0’ 
3. 
Street Side Yard: 5’ 0’ 
4. 
Rear Yard: 5’ 0’ 
5. 
Lot Width: 40' - Detached SFR/30' - Attached SFR 30’ 
6. 
Lot Area: 2,300 sq. ft.  
7. 
Average Lot Area Per Dwelling Unit: 2,500 sq. ft. 2,300 sq. ft.  
8. 
Lot Coverage: 60% - Detached SFR/65% - Attached SFR Townhome 65% 
 
For Single-Family Traditional (Detached SFR or Attached Townhomes): 
 
1. 
Height: 30' / 2 stories - Detached SFR and 40' / 3 stories - Attached SFR Townhome 
40’ / 3 stories 
2. 
Front Yard: 18' (with a front loaded garage)/10' for side loaded garage or livable 
area of dwelling unit 
3. 
Street-Side Yard: 5’ 
4. 
Rear Yard: 25' - Detached SFR/12' - Attached SFR Townhome 12’ 
5. 
Lot Area: 4,000 sq. ft. 3,500 sq. ft.  
6. 
Lot Width: 40' - Detached SFR/30' - Attached SFR Townhome 30’ 
 
Recommendation: 
 
13. 
For the reasons outlined in this report, staff recommends the Commission motion for 
Approval, subject to conditions ‘a’ – ‘j’.

Z2021031 
Page 7 of 9 
a. 
Development of the site shall be in substantial conformance with the Zoning Exhibit 
entitled “83rd & Broadway”, consisting of one full-size sheet, dated and stamped 
received on September 10, 2021, except as modified by the following conditions. 
 
b. 
Development of the site shall be in substantial conformance with the Narrative 
Report entitled “83rd Avenue and Broadway Road”, consisting of 14 pages, dated 
and stamped received on September 10, 2021, except as modified by the 
following conditions. 
 
c. 
The following Planning Engineering conditions shall apply: 
 
1. 
Without the submittal of a precise plan of development, no development 
approval is inferred by this review, including, but not limited to 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. 
A traffic impact study must be submitted with the preliminary plat or plan 
of development application. 
 
3. 
Dedication of right-of-way along the following roadway alignments will be 
required prior to any development on the site: 
 
a. 
Broadway Road: 65 feet (ultimate half-width) 
 
b. 
83rd Avenue: 65 feet (ultimate half-width) and/or 130 feet (ultimate 
full width) 
 
Note that the above widths are considered minimum widths. Additional 
dedication may be required pending improvements that may be required 
by the MCDOT approved Traffic Impact Study. 
 
4. 
The preliminary plat application must indicate the realignment of 83rd 
Avenue to its section line alignment to remove the offset at Broadway 
Road. Any associated right-of-way abandonment must be performed in 
accordance with MCDOT requirements. 
 
5. 
Full access from 83rd Avenue must be maintained for neighboring parcels. 
 
6. 
A full intersection along 83rd Avenue may be considered for the potential 
access needed from both the development and the future commercial 
corner. 
 
7. 
The applicant must notify ADOT about development through the Red Letter 
Process due to proximity of the SR30 alignment and potential interchange, 
RedLetter@azdot.gov. 
 
8. 
Applicant must coordinate with Maricopa County Department of Real 
Estate in coordination with obtaining fee for the Bureau of Reclamation 
land/irrigation canal crossing 83rd Avenue.

Z2021031 
Page 8 of 9 
 
9. 
A Warrant Study will need to be provided in the TIA for Broadway Road and 
83rd Avenue. 
 
10. 
If the internal roadways are planned to be dedicated to the county, any 
straightaways longer than 1000ft may need speed humps to mitigate 
potential speeding concerns within the development. 
 
11. 
Offsite improvements and any additional right-of-way will be determined 
by MCDOT Traffic Design and MCDOT Permits based on submittal of a 
TIA/TIS. 
 
12. 
Applicant to contact the City of Phoenix to notify them of work adjacent 
to their jurisdiction. 
 
13. 
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. 
 
14. 
Engineering review of planning and/or zoning cases is for conceptual 
design only and does not represent final design approval nor shall it entitle 
applicants to future designs that are not in conformance with Section 1205 
of the Maricopa County Zoning Ordinance and Drainage Policies and 
Standards; Floodplain Regulations for Maricopa County; and the MCDOT 
Roadway Design Manual. 
 
d. 
The following R-5 RUPD standards shall apply: 
 
 
For Neo-Traditional (Detached SFR or Attached Townhomes):  
 
1. 
Front Yard: 0’ 
2. 
Side Yard: 0’ 
3. 
Street Side Yard: 0’ 
4. 
Rear Yard: 0’ 
5. 
Lot Width: 30’ 
6. 
Lot Area: 2,300 sq. ft.  
7. 
Average Lot Area Per Dwelling Unit: 2,300 sq. ft.  
8. 
Lot Coverage: 65% 
 
For Single-Family Traditional (Detached SFR or Attached Townhomes): 
 
1. 
Height: 40’ / 3 stories 
2. 
Front Yard: 18' (with a front loaded garage)/10' for side loaded garage or 
livable area of dwelling unit 
3. 
Street-Side Yard: 5’ 
4. 
Rear Yard: 12’ 
5. 
Lot Area: 3,500 sq. ft.  
6. 
Lot Width: 30’

Z2021031 
Page 9 of 9 
 
 
e. 
No three-story residential homes shall be permitted along the north perimeter of 
the property abutting Broadway Rd. 
 
f. 
Prior to approval of the initial final plat or precise plan of development approval, 
the applicant shall provide the Maricopa County Planning and Development 
Department with an executed pre-annexation service agreement with the City 
Phoenix that identifies the detail for when the proposed project will be annexed 
and the provision of water and sewer service. In lieu of pre-annexation service 
agreement the developer must provide a ‘will serve’ letter from the certificated 
water and sewer provider(s). 
 
g. 
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. 
 
h. 
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. 
 
i. 
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. 
 
j. 
Development shall include a 10-foot non-vehicular multi use trail within an open 
space tract along the north perimeter of the R-5 RUPD and C-2 zoned properties 
abutting Broadway Road. 
 
 
 
Presented by: 
Jose Castañeda, Planner 
Reviewed by: 
Darren V. Gérard, AICP, Planning Manager 
 
Attachments: 
Case Map (1 page) 
 
Zoning Exhibit (1 page) 
 
Narrative Report (14 pages) 
 
MCESD comments (1 page) 
 
ENG comments (2 pages) 
 
City of Phoenix comments (4 pages) 
 
Correspondence from Applicant (5 pages)

M
ARICO
PA CO
UN
TY
/
M
aricopa County Planning & Developm
ent - Phoenix, AZ
5
G
ross Acres: 114 approx.
G
enerated O
ctober 1, 2021 14:22 PM
Z2021031
Application Nam
e:
Legal Description
83rd Ave. & Broadw
ay
Applicant
Case Address
T01N R01E 027, T1N R01E 27
Ashley Zim
m
erm
an-M
arsh for G
am
m
age & Burnham
, PLC
Applicant Phone/Em
ail
Parcel Prim
ary:101-32-002F
602.256.4443
am
arsh@
gblaw
.com
M
ap scale 1:7,332
Supervisor District No.
101-32-002H,  104-69-006B,  104-69-014A+
STIPULA
TIO
N M
O
DIFICA
TIO
N TO
 AM
END DEVELO
PM
ENT STANDARDS FO
R RESIDENTIAL
DEVELO
PM
ENT
5.3585 in

APN 104-53-910
TUSCANO
MASTER HOMEOWNERS ASSOCIATION
ZONED: R1-10 PCD
APN 101-31-002B & C
NEW ERA PHOENIX LLC
ZONED: S-1
APN 101-31-006A C, & D
NEW ERA PHOENIX LLC
ZONED: RU-43
APN 101-32-002B
CITY OF PHOENIX
ZONED: RU-43
APN 101-35-001Q
EVANS DAVID E
ZONED: RU-43
APN 101-33-003, 4, 6 & 7
CITY OF PHOENIX
ZONED: RU-43
APN 104-69-007D
FLORIDA ROCK
INDUSTRIES INC
ZONED: RU-43
W. BROADWAY ROAD
S. 83RD AVENUE
APN 104-69-014D
(PORTION OF)
DAVID & JANET
VAN HOFWEGEN
FAMILY LLC
ZONED: R-5 RUPD
APN 104-69-014C
DAVID & JANET
VAN HOFWEGEN FAMILY LLC
ZONED: R-5 RUPD
APN 101-32-002H
DAVID & JANET
VAN HOFWEGEN
FAMILY LLC
ZONED: R-5 RUPD
APN 101-32-002F
BROADWAY 42 LLC
ZONED: R-5 RUPD
APN 104-69-014A
DAVID & JANET
VAN HOFWEGEN FAMILY LLC
ZONED: R-5 RUPD
APN 104-69-014D
(PORTION OF)
DAVID & JANET
VAN HOFWEGEN FAMILY LLC
ZONED: C-2
APN 104-69-06B
VAN HOFWEGEN
DAVID/JANET
ZONED: C-2
PROJECT TEAM
ZONING EXHIBIT FOR
SWC 83RD AVENUE &
BROADWAY ROAD
A PORTION OF SECTION 27. TOWNSHIP 1 NORTH, RANGE
1 EAST OF THE GILA AND SALT RIVER MERIDIAN,
MARICOPA COUNTY, ARIZONA
PROJECT DATA
A.P.N.:
101-32-002F, 101-32-002H, 104-69-014A, 104-69-014C,
101-69-006B & A PORTION OF 104-69-014D
EXISTING LAND USE:
AGRICULTURAL / DAIRY FARM
EXISTING COMPREHENSIVE PLAN LAND USE:
LARGE LOT RESIDENTIAL (0-2 DU/AC)
EXISTING ZONING:
R-5 RUPD & C-2
SITE GROSS AREA:
±114.07 ACRES
MINIMUM OPEN SPACE
745,376 SF (15%)
N.T.S.
VICINITY MAP
PROJECT
SITE
W. BROADWAY RD
N. 91ST AVE
1
ZX01
ZONING EXHIBIT
SEC. 27,
T.1 N., R.1 E.
LEGAL REPRESENTATION:
GAMMAGE & BURNHAM
40 N CENTRAL AVENUE, 20TH FLOOR
PHOENIX, AZ 85004
TEL:  (602)-256-0566
CONTACT: ASHLEY MARSH
amarsh@gblaw.com
CIVIL ENGINEER:
EPS GROUP, INC.
1130 N ALMA SCHOOL RD., SUITE 120
MESA, AZ 85201
TEL:  (480)-503-2250
FAX:  (480)-503-2258
CONTACT: DAN AUXIER, P.E.
dan.auxier@epsgroupinc.com
Project:
Sheet No.
Job No.
Call at least two full working days
before you begin excavation.
Dial 8-1-1 or 1-800-STAKE-IT (782-5348)
In Maricopa County: (602)263-1100
Designer:
Drawn by:
w w w . e p s g r o u p i n c . c o m
T:480.503.2250
F:480.503.2258
1130 N. Alma School Rd., Ste. 120
|
Mesa, AZ 85210
20-1432
SWC 83rd Avenue & Broadway Road
Maricopa County
JH
JAJ
20-1432
of 6
PLANNER:
EPS GROUP, INC.
1130 N ALMA SCHOOL RD., SUITE 120
MESA, AZ 85201
TEL:  (480)-503-2250
FAX:  (480)-503-2258
CONTACT: JOSH HANNON
josh.hannon@epsgroupinc.com
1
Or
Preliminary
Construction
Not For
Recording
Or
Preliminary
Construction
Not For
Recording
150
0
150
300
scale: 1" = 150'
feet
CASE NO.: Z2021031
DEVELOPER:
MERITAGE HOMES
8800 E RAINTREE DRIVE, SUITE 300
SCOTTSDALE, AZ 85260
TEL: (480)-515-8139
CONTACT: TYLER CHAMPLIN
SUBJECT SITE
ZONED: R-5 RUPD
& C-2
S. 83RD AVE
12/14/2020
  RECEIVED
9/10/2021

Van Hofwegen Stipulation Modification 
Case No. Z2021031 
Maricopa County, Arizona 
 
83rd Avenue and Broadway Road 
Submitted To: 
Maricopa County Planning and Development Department 
301 West Jefferson Street, Suite 170 
Phoenix, Arizona 85003 
 
Submitted: March 19, 2021 
Resubmitted: September 3, 2021 
 
 
 
12/14/2020
  RECEIVED
9/10/2021

1 
VAN HOFWEGEN STIPULATION 
MODIFICATION Z2021031 
 
 
 
 
PROJECT TEAM 
 
Property Owner 
 
David and Janet Van Hofwegen 
David and Janet Van Hofwegen Family, LLC 
Broadway 42, LLC 
8459 W. Broadway  
Tolleson, Arizona 85353 
 
Property Owner’s Representative 
 
Southwest Land Associates, LLC  
Lucas W. Schlosser 
P.O. Box 5700 
Goodyear, Arizona 85338 
 
Land Planning 
 
EPS Group, Inc. 
Josh Hannon 
1130 N. Alma School Road, Suite 120  
Mesa, AZ 85201 
 
 
Civil Engineer  
 
EPS Group, Inc. 
Dan Auxier, P.E. 
1130 N. Alma School Road, Suite 120  
Mesa, AZ 85201 
 
Applicant/Attorney 
Gammage & Burnham, PLC 
Ashley Zimmerman Marsh, Esq. 
40 N.Central Avenue, 20th Floor 
Phoenix, Arizona 85004

2 
VAN HOFWEGEN STIPULATION 
MODIFICATION Z2021031 
 
1. 
Executive Summary ......................................................................................3 
2. 
Description of Proposal ................................................................................4 
3. 
Relationship to Surrounding Properties .......................................................9 
4. 
Location and Accessibility .......................................................................... 10 
5. 
Circulation System ..................................................................................... 10 
6. 
Development Schedule .............................................................................. 10 
7. 
Community Facilities and Services ............................................................. 11 
8. 
Public Utilities and Services ....................................................................... 11 
9.     Conclusion ................................................................................................. 12 
 
 
 
TABLE OF CONTENTS

3 
VAN HOFWEGEN STIPULATION 
MODIFICATION Z2021031 
 
1. 
Executive Summary 
The owners, David and Janet Van Hofwegen, David and Janet Van Hofwegen Family, LLC and 
Broadway 42, LLC (“Owners”), request a Stipulation Modification request of zoning case Z2018100.  
The Stipulation Modification request only pertains to modification of the residential development 
standards to accommodate current housing products.  
The subject property for Z2018100 is approximately 108-net acres of property located at the 
southwest and southeast corners of 83rd Avenue and Broadway Road (“Property”). The Property is 
generally bound by Broadway Road on the north, 83rd Avenue on the west, the City of Phoenix 
municipal facilities on the South, and S. 87th Avenue on the west. The Property is bordered by 
farmland to the north, west and east, with residential development zoned R1-10, R1-8 and R1-6 to the 
northeast. The Property is identified by the following six (6) Maricopa County Assessor’s Parcel 
Numbers (“APN”): 101-32-002F; 101-32-002H; 104-69-006B; 104-69-014A; 104-69-014C; and 
104-69-014D.  There is one parcel (APN 104-69-006B) located on the southeast corner of 83rd 
Avenue and Broadway, which was zoned C-2 as part of Z2018100.   
The Property was rezoned from Rural-43 to a mix of residential and commercial in Z2018100. 
Approximately 108-net acres was rezoned to R-5 Residential Unit Plan of Development (RUPD), and 
approximately 4-net acres was rezoned in to C-2 – Intermediate Commercial (“Request”). The 
residential rezoning is capped at 1,100 units for a density of 10.55 du/ac, with three distinct 
residential products: traditional single-family homes, neo-traditional homes, or detached or 
attached multi-family. The project includes 15-percent open space, approximately 15.64 acres, to 
meet today’s buyer preference of a reduced individual footprint, amenitized active and passive open 
space, and deferred landscape and maintenance obligations to homeowners’ associations instead 
of on each homeowner.  The proposed development standards are merely baseline standards for 
these products, which will ultimately create varied and interesting communities like Marbella Ranch 
in unincorporated Maricopa County, Verrado in the city of Buckeye, Desert Ridge in North Phoenix, 
and Tuscano that is directly north of the subject Site, which all offer groupings of different products. 
The commercial rezoning will allow for purposeful development of land after realigning 83rd Avenue.  
Together, the Request meets the market demand for a smaller, individual footprint with highly 
upgraded central amenities, and the convenience of nearby commercial and retail outlets.  
The Maricopa County (“County”) Estrella Land Plan designates the Property as Rural Densities (0-1 
du/ac). The Applicant also filed a companion General Comprehensive Plan Amendment 
(CPA2018007) concurrently with the rezoning case Z2018100 to modify the land designation to

4 
VAN HOFWEGEN STIPULATION 
MODIFICATION Z2021031 
Multiple Family – Low (8 - 12 du/ac) and Community Retail.  The Property is also within the City of 
Phoenix’s (“City”) planning boundary, and is designated Residential 5 to 10 du/ac, Mixed Use 
(Commercial/Residential 10 to 15 du/ac), Commercial and Mixed Use (Industrial/Commerce/Business 
Park).  
2. 
Description of Proposal 
The Stipulation Modification Request seeks to amend certain development standards to allow for 
residential development consistent with market demand and buyer’s preferences.  Although the 
land is currently being used as a dairy, the dairy is no longer economically viable nor consistent with 
the surrounding land uses, which have and continue to transition to residential living.   
The vision for the Property is to create flexibility within the residential portion of the Property to allow 
for future development of single-family residential, an autocourt housing option, and a detached or 
attached multi-family living component.  To achieve this balance, the base development standards 
for the R-5 zoning district are proposed, with three (3) separate categories of modifications through 
the RUPD overlay to create a set of development standards specific for the Project. These 
adjustments, proposed below, will allow the owner to market a community that features diverse 
products, but still maintain ample open space, to foster the growth and development of a vibrant 
and naturally diverse community.  Examples of thriving communities with multiple product offerings 
include Marbella Ranch, Verrado, Zanjero Trails and Desert Ridge. Moreover, the C-2 zoning will 
allow organic commercial development to service the needs of the emerging community on this Site 
and adjacent properties.   
With prime access from both Broadway Road and 83rd Avenue, the Project will utilize and improve 
these roadways for current and future residents alike.  These improvements include realignment of 
83rd Avenue and the creation of a viable commercial corner at what will be the new, southeast 
intersection of 83rd Avenue and Broadway Road. Together, these improvements will create a natural 
flow of egress/ingress to both the residential and commercial properties, and will maximize the Site 
consistent with the City of Phoenix General Plan.  
Proposed Amended Development Standards with Justification 
The base development standards for the R-5 zoning district with modifications through the RUPD 
overlay are proposed with three (3) distinct categories for the Project: Traditional Single-Family; Neo-
Traditional Single-family and Multi-Family.  The proposed modifications are intended to create 
development standards that allow for variations in housing product, meet today’s buyer 
preferences, and provide flexibility for homebuilders to craft communities that appeal to a greater 
range of home buyers for diverse neighborhoods.

5 
VAN HOFWEGEN STIPULATION 
MODIFICATION Z2021031 
Single-Family 
 
R-5 RUPD Zoning District Standards – Single Family Traditional 
(Detached SFR or Attached Townhome) 
Regulation 
Existing R-5 RUPD Standards 
Proposed R-5 RUPD Standards  
Height 
30’ / 2 stories – Detached SFR 
40’ / 3 stories – Attached SFR 
Townhome 
40’ / 3 stories  
Front yard 
18’ (with a front loaded garage)  18’ (with a front loaded garage)  
10’ for side loaded garage or 
livable area of dwelling unit 
10’ for side loaded garage or 
livable area of dwelling unit 
Side yard 
5’ 
5’ 
Street-side yard 
10’ 
5’ 
Rear yard 
25’ – Detached SFR 
12’ – Attached SFR Townhome 
12’  
Lot area 
4,000 sq. ft. 
3,500 sq. ft. 
Lot width 
40’ – Detached SFR 
30’ – Attached SFR Townhome 
30’ 
Lot area per 
dwelling unit 
1,000 sq. ft. 
1,000 sq. ft. 
Lot coverage 
60% 
60% 
Parking spaces 
2 
2 
 
 
 
The proposed modification to the R-5 RUPD creates the ability to plat the R-5 zoning district into 
single-family lots.  The R-5 parcels will be marketed for either an attached single-family residential 
townhome product or a detached single-family subdivision with individual lots.  The above amended 
development standards allow detached, single- family residential products with a 35’ lot width and 
the option of a side-loaded garage, which enhances the street scape and contributes to the overall 
neighborhood aesthetic.  Potential homebuilders may prefer a lower lot width for certain situations, 
including adjustment to smaller home product or to adapt the lots to potential curvilinear roads. 
Additionally, to the northwest of the subject Site, on the northwest corner of 83rd Avenue and 
Broadway is a single-family residential community, Tuscano, zoned S-1 in the City of Phoenix with 
40’, 45’ and 50’ wide lots, as well as cluster like housing similar to the neo traditional proposal. The 
slight modification to the lot width area will allow for current products that utilize space more 
efficiently with open floor plans and elimination of rarely used rooms such as formal living and dining 
spaces.

6 
VAN HOFWEGEN STIPULATION 
MODIFICATION Z2021031 
The attached single-family townhome product allows a 1,000 square foot product with a lot with a 
lot width of 30’ to provide a denser/urban product.  The building height for a detached single family 
residential is 30’, and 40’ for an attached townhome type product.  This flexibility ensures similar 
development standards to R1-6 zoning for single-family, detached products, and ensures that if this 
development option is used, that the density and maximum number of dwelling units will be lower 
than expected for traditional R-5 development.  The rear yard setback has been modified from 25’ 
to 12’ for the attached single-family residential townhome to allow for denser products situated on 
a smaller lot, and to 15’ for the detached single-family option consistent with buyer’s preferences.   
Moreover, the front yard setback modification is a slight adjustment to accommodate the options 
for a side-loaded garage, which is aesthetically pleasing and popular among home consumers.  This 
deviation allows builders flexibility in their product offerings and the ability to offer the same to 
potential homeowners.    
Smaller lot sizes with reduced setbacks will allow for generous, useable open space in the 
community, meeting today’s market demand for a smaller individual footprint with amenity-rich, 
central areas. Indeed, fifteen-percent (15%) open space is proposed to ensure creation of active 
and passive open spaces, which may include trails, playgrounds, ramadas, barbeques, and/or 
benches to foster community.  Additionally, these neighborhoods will all be part of homeowners’ 
associations that will govern and maintain open spaces and common areas, and enforce 
maintenance over the limited non-common areas. With the popularity and demand for common 
areas, homeowners’ associations have become integral parts of communities not only in terms of 
upkeep, but also in terms of bringing the community together and creating communication between 
neighbors. 
The development standards proposed herein are minimum standards that will create a diversity of 
lot sizes, parks, and expansive open spaces and amenities.  These features combined will create a 
distinctive, vibrant community with a wide-range of product offerings to future homebuyers. 
Neo Traditional Single-Family 
 
R-5 RUPD Zoning District Standards – Neo-Traditional  
(Detached SFR or Attached Townhome) 
Regulation 
Existing R-5 RUPD 
Standards 
Proposed R-5 RUPD Standards  
Height 
40’ / 3 stories 
40’ / 3 stories

7 
VAN HOFWEGEN STIPULATION 
MODIFICATION Z2021031 
Front yard 
5’ (13’ for side loaded 
garage or livable area 
of dwelling unit if 8’ 
PUE is required) 
0’ 
Side yard 
5’ or 2’ for side-turn 
garage (for SFR) 
0’ 
Street-side yard 
5’ 
0’ 
Rear yard 
5’ 
0’ 
Lot area 
2,500 sq. ft. 
2,300 sq. ft. 
Lot width 
40’ – Detached SFR 
30’ – Attached SFR 
30’  
Lot area per dwelling 
unit 
2,500 sq. ft. 
2,300 sq. ft. 
Lot coverage 
60% - Detached SFR 
65% - Attached SFR 
65%   
Parking spaces 
2 
2 
 
The above-requested, amended residential development standards are to allow flexibility within R-
5 RUPD to establish detached or attached single-family, residential housing products with an auto 
court, cluster or alley loaded design.  The requested amendments to lot widths, area and setbacks 
are necessary to incorporate these types of products.  The proposed setbacks allow units to be 
closer to the street, and in turn contribute to the defined public realm and streetscape environment.  
An example of the neo-traditional product type is below:

8 
VAN HOFWEGEN STIPULATION 
MODIFICATION Z2021031 
Cluster development, auto court products and alley loaded designs all promote open space and 
community connectivity through a combination of locating density in targeted areas, utilizing shared 
driveways and common areas, and emphasizing home frontage and streetscape.  The requested 
amendments include the following:  
 Smaller lot sizes and increased lot coverage to permit the development of single-family 
detached homes in the R-5 RUPD classification that include auto court, cluster, and alley-
loaded products.  These types of products allow for a more urban and attractive frontage 
along streets or courtyards that promote entry from the sidewalk and hides vehicular 
access. The smaller lot sizes and increased lot coverage also create a denser/urban feel, 
which are customary characteristics to this type of product.  Additionally, the requested lot 
size will allow a tract to be created for the shared drive aisles, which will facilitate the 
placement of utilities and ongoing maintenance.   
 Setbacks that give ability to develop single-family homes, attached and detached, 
conducive to a more walkable, traditional neighborhood within the R-5 RUPD classification.  
These modifications allow flexibility to the site’s orientation, especially with respect to how 
the front, rear and sides will be determined.  This is especially important in an autocourt 
community where home products may be orientated slightly different from lot to lot to 
create the desired aesthetic and community feel.     
 Reduced side and rear setbacks to allow side and rear garage access within the R-5 RUPD 
classification.  This allows automobile access through the side and rear while promoting 
porches and entryways along pedestrian access points along streets or courtyards.  These 
standards are consistent with auto court products, and will allow a tract to be created 
within the community for utilities and maintenance. 
Multi-Family 
 
R-5 RUPD Zoning District Standards – Multi-Family  
(Apartments or Condominiums) 
Regulation 
Base Zoning District Regulation (R-5) 
Height 
40’ / 3 stories 
Front yard 
20’ 
Side yard 
5’ 
Street-side yard 
10’ 
Rear yard 
25’ 
Lot area 
6,000 sq. ft. 
Lot width 
60’ 
Lot area per dwelling unit 
1,000 sq. ft.

9 
VAN HOFWEGEN STIPULATION 
MODIFICATION Z2021031 
Lot coverage 
60% 
Parking spaces 
2 
 
The above requested standards will enable homebuilders to plat and design homes with current 
R-5 design standards for condominiums or apartments.  This table does not allow for a detached 
single-family residential or attached single-family residential townhome as identified in the 
previous tables; however, does allow for a detached or attached multi-family residential product.  
A detached multi-family residential product in this category may include a combination of attached 
and detached products, as well as private, enclosed patios varying size and shape specific to each 
unit. The unmodified, base development standards are proposed as multi-family attached and 
detached communities are site planned and not platted.  
 
C-2  
 
C-2 CUPD Comparison Chart 
Regulation 
Base Zoning District Regulations (C-2) 
Height 
40’ 
Front Yard 
10’ 
Side Yard 
10’ 
Rear Yard 
25’ 
Lot area 
Min. 6,000 SF 
Lot width 
60' 
Lot coverage 
60% 
 
The C-2 zoning category is proposed for approximately 4-net acres of the northeast corner of the 
Project.  C-2 zoning will optimal utilization of a newly created parcel after realignment of 83rd Avenue 
south of Broadway, which will impact APN 104-69-006B, 104-69-014D and 104-69-014C.  C-2 
zoning is requested in this area as the realignment will create the future southeast corner of 83rd 
Avenue and Broadway Road.  Additionally, C-2 zoning will allow for organic development responsive 
to community needs (e.g., restaurants and cafes, retail stores, veterinary hospital, self-storage 
facilities, etc.).  The request is also consistent with the City of Phoenix General Plan, which similarly 
outlines realignment of 83rd Avenue and creation of a commercial corner.  The unmodified, base 
development standards are proposed. 
 
3. 
Relationship to Surrounding Properties 
The Property is currently adjacent to residential properties and farmland.  The City of Phoenix is 
located on the north and south sides of the property, and unincorporated Maricopa County to the

10 
VAN HOFWEGEN STIPULATION 
MODIFICATION Z2021031 
east and west.  Agricultural fields are to the north of the property, with the northeast zoned RU-43 
in unincorporated Maricopa County and the northwest zoned R1-10, R1-8 and R1-6 within the City 
of Phoenix.  To the east of the property are agricultural fields that are zoned RU-43 in unincorporated 
Maricopa County.  To the South of the Property is the City of Phoenix Police’s Defensive Driving 
Training Track.  South of the training track is the City of Phoenix 91st Avenue Wastewater Treatment 
Plant.  Both the Training Track and Wastewater Treatment Plant are within the City of Phoenix.  To 
the west of the Property is another dairy farm zoned RU-43 in unincorporated Maricopa County.  
These properties, and the area in general, are easily accessible via Broadway Road running 
east/west, and 91st and 83rd Avenues running north/south. 
The request will continue to allow the development in this increasingly popular area of Phoenix and 
Maricopa County.  North of the Property, several successful single-family residential communities 
have emerged and are thriving in nearby jurisdictions.  The Request is fitting with the above 
subdivisions as this area continues to grow and develop.  The Request reflects the demand for 
smaller individual lots with ample open space.   
Additionally, the Request mirrors the City of Phoenix General Plan, reflecting the same proposed 
density and commercial uses for the property.   
4. 
Location and Accessibility 
The Property is located along a major improved roadway, Broadway Road., which has been improved 
with the residential development on the northeast corner of 83rd Avenue and Broadway.  Although 
not built to its ultimate major arterial design, the paved two-lane roadway provides excellent access 
to other roadways and connects the Site to the west and east parts of the valley.  Additionally, 83rd 
Avenue serves to connect the Property to the I-10, making other freeways easily accessible.  
Moreover, realignment of 83rd Avenue along the eastern portion of the subject site will facilitate 
natural egress/ingress from the proposed residential and commercial pieces, and serve future 
growth and development in the area as adjacent agricultural properties are redevelopment.  
5. 
Circulation System 
The proposed rezoning will provide for the dedication of the half street for Broadway Road along the 
residential and commercial frontage.  The proposed rezoning also contemplates realignment of 83rd 
Avenue, and anticipates full-width dedication to realign 83rd in exchange for partial abandonment 
of the existing roadway.  The residential and commercial development will therefore be accessible 
by both Broadway Road and 83rd Avenue 
6. 
Development Schedule

11 
VAN HOFWEGEN STIPULATION 
MODIFICATION Z2021031 
2018/19 – Zoning Entitlements for R-5 RUPD and C-2 zoning 
2019/21 – Market proposed plan to potential builders and developers, including preliminary and 
final platting processes with the County 
2021/22 – Build main entrance off Broadway Road and potential models for residential 
development 
 
2022/23 – Build portion of lots (dependent of real estate market) 
2023     – Remainder of subdivision to build out dependent on real estate market 
7. 
Community Facilities and Services 
The Rezone will accommodate drainage, and provide for breaks in the residential lots and potential 
amenities and play areas for the future residents.  Any future plat and subsequent residential 
community will be located just east of the Estrella Mountain Regional Park and west of the City of 
Phoenix’s Cesar Chavez Park.  The future neighborhood will also be adjacent to the nearby 
jurisdictions and communities of Tolleson, Avondale and Laveen.  Additionally, Valley attractions are 
easily accessible with the I-10 freeway just 4-miles to the north.  
The Property lies within Tolleson Union #214 High School and Union Elementary School Districts.   
8. 
Public Utilities and Services 
Public Safety 
It is anticipated the Project will be served by the Rural Metro and the Maricopa County Sherriff’s 
Office, or through the City of Phoenix Police and Fire Departments, through annexation or service 
agreement. The nearest City of Phoenix Police station is the Estrella Mountain Precinct is 
approximately 3.5 miles to the northwest located at 2111 S. 99th Avenue, Tolleson, AZ 85353. 
The nearest City of Phoenix Fire Station is located approximately four-and-a-half miles northeast at 
1111 S. 65th Ave, Phoenix, AZ 85043.  
Water 
The Property is adjacent to the City of Phoenix where services are more than readily available.  It is 
anticipated that the Property will utilize the services available through the City of Phoenix, either 
through annexation or service agreement.

12 
VAN HOFWEGEN STIPULATION 
MODIFICATION Z2021031 
Wastewater 
The Property is adjacent to the City of Phoenix where services are more than readily available.  It is 
anticipated that the Property will utilize the services available through the City of Phoenix, either 
through service agreement or annexation.   
Refuse 
The future homebuilder will provide refuse service to the future home buyers, through the City of 
Phoenix or private collection. 
9. Conclusion 
In addition to the justifications provided above for the separate zoning categories, the proposed 
zoning districts and RUPD overlay will enable the site to develop consistent with the current 
residential markets in the area.  Nearby growing developments have provided current residents with 
housing options, but this area of Maricopa County is growing primarily as greater infrastructure 
investments are made by the larger developments and nearby jurisdictions, including roads, water 
and sewer improvements. The Project intends to create a livable, marketable residential 
development at an appropriate density for a wide-range of products through the three (3) distinct 
zoning categories. 
Overall, the Project is proposing smaller individual lot sizes with greater, useable open space that 
will be present in either single-family subdivisions or multi-family communities.  The amenities may 
include a tot lot, ramada, barbeques, field areas, and/or trails promoting interconnectivity. These 
amenities will be maintained homeowners’ association and/or property management, which is 
desirable for today’s homebuyer seeking to alleviate the burdens of upkeep.  Our proposal brings a 
diversity of products to this area, and creates opportunities for homebuilders to be creative in their 
product offerings and designs, resulting in organically diverse communities.  
Additionally, a commercial component enhances the proposal to serve the proposed residential 
zoning and optimize what will be a new hard corner created by the realignment of 83rd Avenue.  This 
commercial corner will serve not only the incoming residents, but existing residents alike in nearby 
communities.  
83rd Avenue serves as a convenient connection to the greater Phoenix area and nearby growing 
residential and employment areas.  For instance, the 1-10 is less than 4 miles north of the Property 
with on/off ramps at 83rd Avenue.  Additionally, there are multiple retail centers and business parks 
along 83rd Avenue that will be fostered by needed residential options in this area.  
In summary, the proposal provides similar type densities and open space design to those recently 
approved in unincorporated Maricopa County, the City of Phoenix and surrounding communities

13 
VAN HOFWEGEN STIPULATION 
MODIFICATION Z2021031 
while placing an emphasis on active open space and public meetings spaces to create a better 
sense of community than other projects in the area that have larger lots with no community 
amenities.  The proposal mirrors the City of Phoenix General Plan by weaving higher density 
residential with commercial uses to optimize the potential of the subject parcels, and will seamlessly 
integrate into this part of unincorporated Maricopa County.

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: 
March 31, 2021 
 
 
 
TO : 
Jose Castaneda, Planning & Development Dept. 
 
 
Planner 
 
 
 
 
 
FROM: 
Souren Naradikian, P.E. 
                   Senior Civil Engineer 
 
SUBJECT: 
Rezone from R1-6 to R1-5 RUPD. Z2021031 
 
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 request is for 
Rezone from RU-43 to R1-6 RUPD at APN# 101-32-002H, 104-69-014D/A, 
104-69-006B and 101-32-002F. Water and sewer will be provided by City of 
Phoenix. MCESD has concerns, ATC must be obtained prior to RUPD approval. 
 
Based on the above, MCESD raised no concerns to this project to the 
Planning & Development Department in Accela Automation on March 31, 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.

Robert Fedorka, P.E. 
Planning & Development 
501 North 44th Street, Suite 200 
Phoenix, Arizona 85008 
Phone: (602) 506-7151 
Fax: (602) 506-8762 
www.maricopa.gov/planning 
Email address: 
RobertFedorka@mail.maricopa.gov 
  
Maricopa County 
Planning & Development Department 
Engineering Plan Review 
  
 
 
 
Date:    
April 20, 2021 
 
Memo To: Darren Gerard, AICP, Department of Planning & Development 
 
Attn: 
José Castaneda, Planner, Planning & Development Services 
 
 
From: 
Tony Regis, P.E., Engineering Supervisor, Planning & Development 
Services 
 
cc: 
Michael Norris, P.E., Engineering Manager, Planning & Development 
 
Subject:   
Z2021031 Zone Change 
 
 (E1 Memo) 
 
Job Site Address: SWC 83rd Avenue and Broadway Road 
 
APN(s): 
101-32-002F & 002H; 104-69-006B, 014A, 014C & 014D 
 
This application is to specify zoning for future development and does not include a 
Plan of Development. 
 
Engineering plan review (DPR, FCD and PND Transportation) has reviewed the first 
submittal of the Zone Change application received on 3/18/2021 and has no objections 
provided the following stipulations/conditions are made part of any approval:.  
 
1. Without the submittal of a precise plan of development, no development approval 
is inferred by this review, including, but not limited to 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. A traffic impact study must be submitted with the preliminary plat or plan of 
development application. 
 
3. Dedication of right-of-way along the following roadway alignments will be 
required prior to any development on the site: 
 
Broadway Road:  
 
65 feet (ultimate half-width); and 
83rd Avenue: 
65 feet (ultimate half-width) and/or 130 feet (ultimate 
full width) 
 
Note that the above widths are considered minimum widths. Additional dedication 
may be required pending improvements that may be required by the MCDOT 
approved Traffic Impact Study.

4. The preliminary plat application must indicate the realignment of 83rd Avenue to 
its section line alignment to remove the offset at Broadway Road. Any associated 
right-of-way abandonment must be performed in accordance with MCDOT 
requirements. 
 
5. Full access from 83rd Avenue must be maintained for neighboring parcels. 
 
6. A full intersection along 83rd Avenue may be considered for the potential access 
needed from both the development and the future commercial corner. 
 
7. The applicant must notify ADOT about development through the Red Letter 
Process due to proximity of the SR30 alignment and potential interchange, 
RedLetter@azdot.gov.  
 
8. Applicant must coordinate with Maricopa County Department of Real Estate in 
coordination with obtaining fee for the Bureau of Reclamation land/irrigation 
canal crossing 83rd Avenue. 
 
9. A Warrant Study will need to be provided in the TIA for Broadway Road and 83rd 
Avenue.  
 
10. If the internal roadways are planned to be dedicated to the county, any 
straightaways longer than 1000ft may need speed humps to mitigate potential 
speeding concerns within the development. 
 
11. Offsite improvements and any additional right-of-way will be determined by 
MCDOT Traffic Design and MCDOT Permits based on submittal of a TIA/TIS. 
 
12. Applicant to contact the City of Phoenix to notify them of work adjacent to their 
jurisdiction. 
 
13. 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. 
 
14. Engineering review of planning and/or zoning cases is for conceptual design only 
and does not represent final design approval nor shall it entitle applicants to future 
designs that are not in conformance with Section 1205 of the Maricopa County 
Zoning Ordinance and Drainage Policies and Standards; Floodplain Regulations 
for Maricopa County; and the MCDOT Roadway Design Manual. 
 
 
Please contact me if you have any questions or require any additional information.

April 14, 2021 
 
 
 
Jose Castañeda 
Maricopa County Planning and Development Department 
301 West Jefferson Street, Suite 1070 
Phoenix, AZ 85003 
 
RE: Z2021031 – Modification of Stipulation d. from Zoning Case No. Z2018100 to 
amend development standards for residential developed located along the southwest 
and southeast corners of 83rd Avenue and Broadway Road 
 
Dear Mr. Castañeda: 
 
Thank you for the opportunity to comment on Z2021031. The applicant is requesting to 
amend Stipulation d. from Zoning Case No. Z2018100, approximately 114 acres located 
along the southwest and southeast corners of 83rd Avenue and Broadway Road (Parcel 
Nos. 101-32-002F, 101-32-002G, 104-69-014A, 104-69-104C and 104-69-006B) to amend 
development standards for residential development within the R-5 RUPD (Residential Unit 
Plan of Development) zoning. 
 
Three residential categories are proposed with the amended development standards, which 
include: traditional single-family, neo-traditional single-family, and multifamily. The 
maximum density proposed for the traditional single-family category is approximately 43.56 
dwelling units per gross acre, while the maximum density for neo-traditional single-family is 
approximately 18.93 dwelling units per gross acre. The maximum density proposed for 
multifamily uses is 43.56 dwelling units per gross acre. A modification to several 
development standards including building setbacks, lot coverage, lot width, lot area, among 
other standards, are also proposed with each of the three residential categories. 
 
Staff has reviewed the request and has the following comments and recommendations: 
 
 
The subject site is not located within the city of Phoenix municipal boundaries; however, 
the site is located within the city of Phoenix planning area. The subject site is designated 
“Residential 5-10 du/acre”, “Mixed Use (10-15 du/acre and Park-Open Space)”, “Mixed 
Use (10-15 du/acre and Commercial)” and “Commercial” on the City of Phoenix General 
Plan Land Use Map. Thus, the proposed request would not be consistent with portions 
of the General Plan Land Use designation. 
 
 
The proposed traditional single-family residential densities would be consistent with the 
R-5 (Multifamily Residence District) standards per the Phoenix Zoning Ordinance, which 
allow single-family detached up to 6.5 du/acre, 12 du/acre with bonus, single-family 
attached within the single-family attached development area, and multifamily uses up to 
45.68 dwelling units per gross acre, 52.20 with bonus. However, as stated above, this 
zoning category is not consistent with portions of the General Plan Land Use Map 
designation for the site.

Z2021031 
April 14, 2021 
Page 2 of 2 
 
 
 
The proposed neo-traditional single-family residential densities would be consistent with 
the R-3A (Multifamily Residence District) standards per the Phoenix Zoning Ordinance, 
which allow single-family detached up to 6.5 du/acre, 12 du/acre with bonus, single-
family attached within the single-family attached development area, and multifamily uses 
up to 23.1 dwelling units per gross acre, 26.4 with bonus. However, as stated above, 
this zoning category is not consistent with portions of the General Plan Land Use Map 
designation for the site. 
 
 
The proposed multifamily residential densities would be consistent with the R-5 
(Multifamily Residence District) standards per the Phoenix Zoning Ordinance, which 
allow single-family detached up to 6.5 du/acre, 12 du/acre with bonus, single-family 
attached within the single-family attached development area, and multifamily uses up to 
45.68 dwelling units per gross acre, 52.20 with bonus. However, as stated above, this 
zoning category is not consistent with portions of the General Plan Land Use Map 
designation for the site.  
 
 
The site of the proposed use is directly south to a single-family residential neighborhood 
zoned R1-10 PCD (Single-Family Residence, Planned Community District) and a vacant 
undeveloped parcel zoned S-1 (Ranch or Farm Residence District), across Broadway 
Road. 
 
 
The proposed site is also located near the proposed SR-30 freeway alignment, south of 
Broadway Road. 
 
 
If approved, the City of Phoenix recommends that the following development standards 
be met: 
 
 
Traditional single-family uses, at minimum, meet City of Phoenix R-3A 
development standards applicable to new single-family detached developments. 
 
 
Neo-traditional single-family uses, at a minimum, meet City of Phoenix R-3A 
development standards, including building height restrictions where adjacent to a 
single-family zoned district. 
 
 
Multifamily uses, at a minimum, meet City of Phoenix R-3A development 
standards, including building height restrictions where adjacent to a single-family 
zoned district. 
 
 
All buildings and operations including parking areas shall maintain at a minimum 
a 10-foot landscape setback along all interior lot lines not on a street. A minimum 
20-foot landscape setback shall be maintained adjacent to a street. 
 
 
The landscape setbacks shall be planted with 50 percent 2-inch caliper large 
canopy shade trees and 50 percent 3-inch caliper large canopy shade trees, 
planted 20 feet on center or equivalent groupings, with five 5-gallon shrubs per 
tree and appropriate ground cover. The planting species and planting standards 
along arterial streets shall be selected from the “Estrella Village Arterial Street 
Landscaping Program” found here: 
https://www.phoenix.gov/villagessite/Documents/pdd_pz_pdf_00106.pdf

Z2021031 
April 14, 2021 
Page 2 of 2 
 
 
 
Any lighting shall be placed so as to reflect the light away from adjacent 
residential districts. All outdoor light fixtures shall be fully shielded. 
 
 
Disclosure requirements to all future homebuyers about the proximity of dairy 
farming operations, City of Phoenix test drive facility and the 91st Avenue 
Wastewater Treatment plant shall be required.  The notice shall include 
disclosure of odor, noise and other issues associated with these types of uses.  
 
Please contact Enrique Bojorquez Gaxiola at (602) 262-6949 or enrique.bojorquez-
gaxiola@phoenix.gov if you require any additional information. 
 
 
Sincerely, 
 
 
 
Alan Stephenson 
Director, Planning and Development Department 
 
 
c: 
Maricopa County File

S:\200DM_SHARED\200DM_Infrastructure_Record_Services\COUNTER\Service Availability Requests\Templates and Log 
 
7/2013 
 
 
 
City Of Phoenix 
Water Services Department 
Infrastructure Record Services 
 
 
 
 
March 5, 2021 
 
 
Alex Power 
EPS Group, Inc. 
1130 N Alma School Rd, ste 120 
Mesa, AZ 85201 
 
RE:     104-69-014D, 104-69-014A, 101-32-002H, 101-32-002F 
S 83rd Ave & W Broadway Rd 
 
Q.S.# 4-8 
 
 
Alex Power, 
 
The subject parcels are within City of Phoenix Water and Sewer Service Area. Both Water and Sewer 
services can be provided to these lots. Development may be required to install additional water and 
sewer infrastructure to service these projects. 
 
You will need to discuss with Planning and Development all requirements to construct these lots. At that 
time they will review all water and sewer requirements for your development. 
 
If you have any questions regarding these guidelines, please contact via email 
david.marquez@phoenix.gov or call (602) 261-8689. 
 
 
Sincerely, 
 
 
 
 
David Marquez 
Water Services Department 
Infrastructure Record Services 
 
Enclosures: 
CC: 
Shauna Johnson, Water Services Department - Infrastructure Record Services 
 
 
Jeremiah Ireland, Water Services Department - Infrastructure Record Services

From:
Ashley Z. Marsh
To:
Jose Castaneda (PND); Ellie Brundige
Cc:
Elvin Valentin, Jr.
Subject:
Re: Z2021031 - 83rd Ave. & Broadway
Date:
Friday, October 8, 2021 10:08:38 AM
Attachments:
image002.png
image003.png
image002.png
image003.png
Hi Jose - I’m not sure I’m following here anymore. if the lot size itself can’t be adjusted it,
doesn’t 
Make sense to change the average down because all the lots are going to be bigger than the
average.
We can just stick with the 2300 for each if that’s the case and the open space be reflected in
the average.
Ashley Zimmerman Marsh
Sent from my iPhone
From: Jose Castaneda (PND) <Jose.Castaneda@maricopa.gov>
Sent: Friday, October 8, 2021 9:52 AM
To: Ellie Brundige; Ashley Z. Marsh
Cc: Elvin Valentin, Jr.
Subject: RE: Z2021031 - 83rd Ave. & Broadway
 
Hello,
 
Neo-Traditional - Average Lot area per dwelling unit is supportable at the base standard of 1,000 sq.
ft. however the minimum lot size needs to stay at least the previous request of 2,300 sq. ft.
 
Please change the lot area to 2,300 sq. ft.
 
Jose Castañeda
Planner
Planning & Development
Desk: 602-506-8358
Jose.Castaneda@Maricopa.Gov
 
P&D is now 100% digital. Find information on our new permit process here.
 
From: Ellie Brundige <ebrundige@gblaw.com> 
Sent: Friday, October 8, 2021 9:31 AM
To: Ashley Z. Marsh <amarsh@gblaw.com>; Jose Castaneda (PND) <Jose.Castaneda@maricopa.gov>
Cc: Elvin Valentin, Jr. <evalentin@gblaw.com>
Subject: RE: Z2021031 - 83rd Ave. & Broadway

Hello Jose,
 
Please see attached and let us know if this is sufficient.
 
Thank you,
Ellie
 
Ellie Brundige
Land Use Planner
Gammage & Burnham | Profile
602.256.4409 Direct
 
From: Ashley Z. Marsh <amarsh@gblaw.com> 
Sent: Friday, October 8, 2021 9:08 AM
To: Jose Castaneda (PND) <Jose.Castaneda@maricopa.gov>
Cc: Elvin Valentin, Jr. <evalentin@gblaw.com>; Ellie Brundige <ebrundige@gblaw.com>
Subject: Re: Z2021031 - 83rd Ave. & Broadway
 
Hi Jose!
 
15% OS works
 
Ellie is working on revised narrative and exhibit for the Neotradtional RUPD table
 
Thanks!
 
Ashley Zimmerman Marsh
 
 
Sent from my iPhone
From: amarsh@gblaw.com <amarsh@gblaw.com>
Sent: Thursday, October 7, 2021 1:12 PM
To: Jose Castaneda (PND)
Cc: Elvin Valentin, Jr.; Ellie Brundige
Subject: Re: Z2021031 - 83rd Ave. & Broadway
 
Hi Jose - that should work, just waiting on approval from client. Thx!
 
Ashley Zimmerman Marsh
 
 
Sent from my iPhone
From: Jose Castaneda (PND) <Jose.Castaneda@maricopa.gov>
Sent: Thursday, October 7, 2021 12:34:53 PM
To: Ashley Z. Marsh <amarsh@gblaw.com>

Cc: Elvin Valentin, Jr. <evalentin@gblaw.com>; Ellie Brundige <ebrundige@gblaw.com>
Subject: RE: Z2021031 - 83rd Ave. & Broadway
 
Hi Ashley,
 
Hate to bother you again but the report is being finalized soon. We can stipulate to the 15% open
space outlined in the zoning exhibit provided. Let me know if this works.
 
Thank you,
 
Jose Castañeda
Planner
Planning & Development
Desk: 602-506-8358
Jose.Castaneda@Maricopa.Gov
 
P&D is now 100% digital. Find information on our new permit process here.
 
From: Ashley Z. Marsh <amarsh@gblaw.com> 
Sent: Wednesday, October 6, 2021 10:36 AM
To: Jose Castaneda (PND) <Jose.Castaneda@maricopa.gov>
Cc: Elvin Valentin, Jr. <evalentin@gblaw.com>; Ellie Brundige <ebrundige@gblaw.com>
Subject: RE: Z2021031 - 83rd Ave. & Broadway
 
Jose,
 
It looks like the base standard was approved as 2500 in the first zoning case, so it’ll need to be
cleaned up in this stip mod. I think we need to keep it in the request and mention that it’s going to
the base standard of 1000.  I just had a flashback to the clean-up we just did on Azure Canyon where
the averages were different and it created problems at phased platting so here, let’s put it to the
base standard so it’s consistent throughout the project.
 
 
Ashley Z. Marsh
Gammage & Burnham
602.256.4443 Direct
 
From: Jose Castaneda (PND) <Jose.Castaneda@maricopa.gov> 
Sent: Wednesday, October 6, 2021 10:27 AM
To: Ashley Z. Marsh <amarsh@gblaw.com>
Cc: Elvin Valentin, Jr. <evalentin@gblaw.com>; Ellie Brundige <ebrundige@gblaw.com>
Subject: RE: Z2021031 - 83rd Ave. & Broadway
 
Ashley so its ok to eliminate the average lot area per dwelling unit of 2,300sq.ft. row from the
request? This will mean it will be the R-5 base standard.

Jose Castañeda
Planner
Planning & Development
Desk: 602-506-8358
Jose.Castaneda@Maricopa.Gov
 
P&D is now 100% digital. Find information on our new permit process here.
 
From: Ashley Z. Marsh <amarsh@gblaw.com> 
Sent: Wednesday, October 6, 2021 10:20 AM
To: Jose Castaneda (PND) <Jose.Castaneda@maricopa.gov>
Cc: Elvin Valentin, Jr. <evalentin@gblaw.com>; Ellie Brundige <ebrundige@gblaw.com>
Subject: RE: Z2021031 - 83rd Ave. & Broadway
 
Hi Jose!
Thanks for catching this.  This standard should just be the base standard for the neotraditional
product option, consistent with the SFR option. Clean up item we will take care of and send a revised
narrative and exhibit.
 
Thanks again!
 
 
Ashley Z. Marsh
Gammage & Burnham
602.256.4443 Direct
 
From: Jose Castaneda (PND) <Jose.Castaneda@maricopa.gov> 
Sent: Tuesday, October 5, 2021 3:40 PM
To: Ashley Z. Marsh <amarsh@gblaw.com>
Cc: Elvin Valentin, Jr. <evalentin@gblaw.com>
Subject: FW: Z2021031 - 83rd Ave. & Broadway
 
Hi Ashley,
 
On the narrative for the amended development standards:
 
Did you mean Average lot area per dwelling unit? Because if so, then R-5 is already 1,000 sq. ft.. Are
you proposing it be raised to provide more open space? I provided an image of the proposed
standard in question.

Jose Castañeda
Planner
Maricopa County Planning & Development Department
301 W. Jefferson St., Suite 170, Phoenix, AZ 85003
Desk: 602-506-8358 | Fax: 602-506-3282
Jose.Castaneda@Maricopa.Gov
 
P&D is now 100% digital. Find information on our new permit process here.

Planning and Development Department  
 
 
 
 
 
DATE: 
October 21, 2021 
 
TO: 
Planning and Zoning Commission 
 
FROM: 
Jose Castañeda, Planner  
 
SUBJECT: 
Z2021031 – 83rd Ave. & Broadway   
 
Agenda Item: #2 
 
 
 
Since the publishing of the staff report for the above case, the applicant and Planning 
Engineering amended the conditions of approval. Engineering has indicated that access 
will be reviewed as part of the Preliminary Plat or Plan of Development Process. 
Intersection improvements will be dictated by the Traffic Impact Study/signal warrant 
analysis.  
 
Shown below are recommended changes shown in legislative edit format with deleted 
language struck-through and new language underlined and bolded. The changes 
include elimination of conditions ‘c.5 and c.6’, amended language for condition ‘c.8’ 
and re-numbering conditions ‘c.1 – c.12’.  
 
Proposed recommended Engineering changes to conditions:  
 
c. 
The following Planning Engineering conditions shall apply: 
 
5. 
Full access from 83rd Avenue must be maintained for neighboring 
parcels. 
 
6. 
A full intersection along 83rd Avenue may be considered for the 
potential access needed from both the development and the future 
commercial corner. 
 
8. 
Applicant must coordinate with Maricopa County Department of 
Real Estate in coordination with obtaining fee for the Bureau of 
Reclamation land/irrigation canal crossing 83rd Avenue. The 
applicant is advised that coordination between County Real Estate, 
the Bureau of Reclamation and SRP will be required related to the 
irrigation facilities crossing 83rd Avenue as part of any improvements 
to 83rd Avenue. 
 
Recommended final format for Commission consideration:  
 
c. 
The following Planning Engineering conditions shall apply:

1. 
Without the submittal of a precise plan of development, no 
development approval is inferred by this review, including, but not 
limited to 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. 
A traffic impact study must be submitted with the preliminary plat or 
plan of development application. 
 
3. 
Dedication of right-of-way along the following roadway alignments 
will be required prior to any development on the site: 
 
a. 
Broadway Road: 65 feet (ultimate half-width) 
 
b. 
83rd Avenue: 65 feet (ultimate half-width) and/or 130 feet 
(ultimate full width) 
 
Note that the above widths are considered minimum widths. 
Additional dedication may be required pending improvements that 
may be required by the MCDOT approved Traffic Impact Study. 
 
4. 
The preliminary plat application must indicate the realignment of 
83rd Avenue to its section line alignment to remove the offset at 
Broadway Road. Any associated right-of-way abandonment must 
be performed in accordance with MCDOT requirements. 
 
5. 
The applicant must notify ADOT about development through the 
Red Letter Process due to proximity of the SR30 alignment and 
potential interchange, RedLetter@azdot.gov. 
 
6. 
The applicant is advised that coordination between County Real 
Estate, the Bureau of Reclamation and SRP will be required related 
to the irrigation facilities crossing 83rd Avenue as part of any 
improvements to 83rd Avenue. 
 
7. 
A Warrant Study will need to be provided in the TIA for Broadway 
Road and 83rd Avenue. 
 
8. 
If the internal roadways are planned to be dedicated to the county, 
any straightaways longer than 1000ft may need speed humps to 
mitigate potential speeding concerns within the development. 
 
9. 
Offsite improvements and any additional right-of-way will be 
determined by MCDOT Traffic Design and MCDOT Permits based on 
submittal of a TIA/TIS.

10. 
Applicant to contact the City of Phoenix to notify them of work 
adjacent to their jurisdiction. 
 
11. 
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. 
 
12. 
Engineering review of planning and/or zoning cases is for 
conceptual design only and does not represent final design 
approval nor shall it entitle applicants to future designs that are not 
in conformance with Section 1205 of the Maricopa County Zoning 
Ordinance and Drainage Policies and Standards; Floodplain 
Regulations for Maricopa County; and the MCDOT Roadway Design 
Manual.

Planning and Development Department  
 
 
 
 
DATE: 
October 21, 2021 
 
TO: 
Planning and Zoning Commission 
 
FROM: 
Jose Castañeda, Planner   
 
SUBJECT: 
Z2021031 – 83rd Ave. & Broadway    
 
Agenda Item: #2 
 
 
 
Since the publishing of the staff report for the above case, the staff has received six (6) 
letters of concerns from the Superintendent of the Union Elementary School District #62. 
The different letters appear to be duplicates and it should be noted the individual is 
neutral on the project itself. Concerns generally center on requesting increased 
collaboration with school districts when planning residential projects, the density of 
residents to public school services, ensuring residential developments interior streets have 
enough space for school busses, and offsetting land for future schools.  
 
 
 
Attachments: 
 
3/16/21 E-mail – Letters of concerns (15 pages)

From:
Morris, Kristine
To:
Jose Castaneda (PND)
Cc:
Hill, Cara
Subject:
RE: Z 2021031
Date:
Tuesday, October 19, 2021 7:30:43 PM
Attachments:
image001.png
Public Comment 83rd Ave & Broadway.pdf
Public Comment.html
Good evening Jose,
I tried to submit my public comment; however, I am unsure if it was submitted.  I received errors
each time.  Attached is a pdf of my submission and the html.  Please let me know if there is anything
else I can do to make sure this gets to the right place.
 
Thanks
Kristine
 
Ms. Kristine Morris
Superintendent
Union Elementary School District
 
Email kmorris@uesd.org
Office: 623-478-5004
 
 
From: Jose Castaneda (PND) <Jose.Castaneda@maricopa.gov> 
Sent: Tuesday, October 19, 2021 4:03 PM
To: Morris, Kristine <KMorris@uesd.org>
Subject: RE: Z 2021031
 
Certainly, you may reach the representative Ashley Zimmerman-Marsh, Gammage & Burnham, PLC
at amarsh@gblaw.com you may also use the following link to comment on any upcoming case:
https://www.maricopa.gov/FormCenter/Regulatory-Planning-Development-15/Comment-on-a-
Planning-Case-183 please let me know if you have any other questions.
 
Best Regards,
 
Jose Castañeda
Planner
Planning & Development
Desk: 602-506-8358

Jose.Castaneda@Maricopa.Gov
 
P&D is now 100% digital. Find information on our new permit process here.
 
From: Morris, Kristine <KMorris@uesd.org> 
Sent: Tuesday, October 19, 2021 3:50 PM
To: Jose Castaneda (PND) <Jose.Castaneda@maricopa.gov>
Subject: Z 2021031
 
Hello Jose,
Can you please forward me representative’s contact information?
 
Thanks
Kristine
 
Ms. Kristine Morris
Superintendent
Union Elementary School District
 
Email kmorris@uesd.org
Office: 623-478-5004

From:
Rachel Applegate (PND)
To:
Jose Castaneda (PND)
Subject:
FW: Online Form Submittal: Comment on a Planning Case
Date:
Wednesday, October 20, 2021 8:04:49 AM
 
From: noreply@civicplus.com <noreply@civicplus.com> 
Sent: Tuesday, October 19, 2021 7:12 PM
To: Rachel Applegate (PND) <Rachel.Applegate@Maricopa.Gov>
Subject: Online Form Submittal: Comment on a Planning Case
 
Comment on a Planning Case
Comment on a Planning Case
(Section Break)
Case Number & Project
Name
Z2021031 – 83rd Ave. & Broadway
Comment
Good evening,
Concerning Application #Z2021031 – 83rd Ave. & Broadway, I
ask for consideration of the following concerns.
As the Superintendent of the Union Elementary School District
#62, representing the traditional public school district serving the
community in this area. I only yesterday became aware of this
agenda item concerning the 83rd Ave. & Broadway project. Due
to the short notice, my schedule does not allow me to attend;
however, I can be reached at kmorris@uesd.org or at 623-478-
5004. I am neutral on the project; however, ask the County to
consider the following on this item and future planning in the
community.
Union ESD# 62 serves the community within both Maricopa
County Zoning and City of Phoenix Estrella Village Community
jurisdictions. Housing development is booming and moving
rapidly along Broadway between the 202 and Avondale. Any
development between 83rd Avenue and 99th avenue has a direct
impact on our District and the community. 
We recently conducted a demographic study that was finalized in
summer 2021. The demographers and the Estrella Village Plan
still had land south of Broadway zoned and agricultural and
future commercial, this includes 83rd and Broadway. While we
are excited about the families and students this project will bring,
we want to be certain that we are planning to accommodate the
growth that 1100-1300 homes will inevitably bring to our schools.
Unfortunately, we were not notified or engaged in conversations
about the impact of shifting from commercial/agricultural to

residential in 2018. I understand that it may be irrelevant at this
point; however, as the area rapidly changes, and re-zoning
occurs, I ask that the County engage with the district and
developers in wise planning. Over the next 5 years we are
already expecting rapid growth from approved developments and
are at capacity. Any additional residential projects must take in to
account the need for space to build additional school(s). We
would be happy to meet and discuss any and all future plans that
will impact our schools and would ask that this project take this
into account as well. 
In relation to this specific project, I ask that the Planning
commission consider that this parcel will be zoned under
Maricopa County; but eventually will be annexed into City of
Phoenix, ultimately, it will be those zoning rules that will be
applied. I bring this up because of bus transportation for
students. The neighborhoods are being built with too narrow of
streets. As the parcel is presently being designed, there will not
be a school within the development. This means school buses
will have to enter and drive throughout the streets. As you are
planning for roads, please consider that eventually, street parking
will most likely become allowable. If the roads and streets are
zoned for 2 car garages and carports because street parking is
not allowed, then the development is annexed into the City and
street parking is allowed, there will not be sufficient clearance for
school buses, or emergency vehicles to enter and navigate
around the development. 
Moving forward, we all understand the need for increased and
diverse housing options; however, the density of residents to
public school services in our community will soon be too high.
Adding additional residential without the offsetting land for
schools is poor planning. Additionally, planning without
consideration of future annexation creates challenges that may
not be able to be overcome. Thank you for listening to these
concerns. Union ESD looks forward to collaboratively planning
for the future growth of our community.
Name
Kristine Morris
Email Address
kmorris@uesd.org
Phone Number
6234785004
Comment on a Planning
Case
[Submit Information ]
 
Email not displaying correctly? View it in your browser.

From:
Rachel Applegate (PND)
To:
Jose Castaneda (PND)
Subject:
FW: Online Form Submittal: Comment on a Planning Case
Date:
Wednesday, October 20, 2021 8:04:00 AM
 
From: noreply@civicplus.com <noreply@civicplus.com> 
Sent: Tuesday, October 19, 2021 7:14 PM
To: Rachel Applegate (PND) <Rachel.Applegate@Maricopa.Gov>
Subject: Online Form Submittal: Comment on a Planning Case
 
Comment on a Planning Case
Comment on a Planning Case
(Section Break)
Case
Number
& Project
Name
Z2021031 – 83rd Ave. & Broadway
Comment
Good evening,
Concerning Application #Z2021031 – 83rd Ave. & Broadway, I ask for consideration of the following concerns.
________________________________________________________________________________________
As the Superintendent of the Union Elementary School District #62, representing the traditional public school
district serving the community in this area. I only yesterday became aware of this agenda item concerning the
83rd Ave. & Broadway project. Due to the short notice, my schedule does not allow me to attend; however, I
can be reached at kmorris@uesd.org or at 623-478-5004. I am neutral on the project; however, ask the County
to consider the following on this item and future planning in the community.
Union ESD# 62 serves the community within both Maricopa County Zoning and City of Phoenix Estrella Village
Community jurisdictions. Housing development is booming and moving rapidly along Broadway between the
202 and Avondale. Any development between 83rd Avenue and 99th avenue has a direct impact on our
District and the community. 
We recently conducted a demographic study that was finalized in summer 2021. The demographers and the
Estrella Village Plan still had land south of Broadway zoned and agricultural and future commercial, this
includes 83rd and Broadway. While we are excited about the families and students this project will bring, we
want to be certain that we are planning to accommodate the growth that 1100-1300 homes will inevitably bring
to our schools. 
Unfortunately, we were not notified or engaged in conversations about the impact of shifting from
commercial/agricultural to residential in 2018. I understand that it may be irrelevant at this point; however, as
the area rapidly changes, and re-zoning occurs, I ask that the County engage with the District and developers
in wise planning. Over the next 5 years we are already expecting rapid growth from approved developments,
and are at capacity. Any additional residential projects must take in to account the need for space to build
additional school(s). We would be happy to meet and discuss any and all future plans that will impact our
schools and would ask that this project take this into account as well. 
In relation to this specific project, I ask that the Planning commission consider that this parcel will be zoned
under Maricopa County; but eventually will be annexed into City of Phoenix, ultimately, it will be those zoning
rules that will be applied. I bring this up because of bus transportation for students. The neighborhoods are
being built with too narrow of streets. As the parcel is presently being designed, there will not be a school
within the development. This means school buses will have to enter and drive throughout the streets. As you

are planning for roads, please consider that eventually, street parking will most likely become allowable. If the
roads and streets are zoned for 2 car garages and carports because street parking is not allowed, then the
development is annexed into the City and street parking is allowed, there will not be sufficient clearance for
school buses, or emergency vehicles to enter and navigate around the development. 
Moving forward, we all understand the need for increased and diverse housing options; however, the density
of residents to public school services in our community will soon be too high. Adding additional residential
without the offsetting land for schools is poor planning. Additionally, planning without consideration of future
annexation creates challenges that may not be able to be overcome. Thank you for listening to these
concerns. Union ESD looks forward to collaboratively planning for the future growth of our community.
Name
Kristine Morris
Email
Address
kmorris@uesd.org
Phone
Number
623-478-5004
Comment
on a
Planning
Case
[Submit Information ]
 
Email not displaying correctly? View it in your browser.

From:
Rachel Applegate (PND)
To:
Jose Castaneda (PND)
Subject:
FW: Online Form Submittal: Comment on a Planning Case
Date:
Wednesday, October 20, 2021 8:03:43 AM
 
From: noreply@civicplus.com <noreply@civicplus.com> 
Sent: Tuesday, October 19, 2021 6:17 PM
To: Rachel Applegate (PND) <Rachel.Applegate@Maricopa.Gov>
Subject: Online Form Submittal: Comment on a Planning Case
 
Comment on a Planning Case
Comment on a Planning Case
(Section Break)
Case Number & Project
Name
Z2021031 – 83rd Ave. & Broadway
Comment
Good evening,
Concerning Application #Z2021031 – 83rd Ave. & Broadway, I
ask for consideration of the following concerns.
As the Superintendent of the Union Elementary School District
#62, representing the traditional public school district serving the
community in this area. I only yesterday became aware of this
agenda item concerning the 83rd Ave. & Broadway project. Due
to the short notice, my schedule does not allow me to attend;
however, I can be reached at kmorris@uesd.org or at 623-478-
5004. I am neutral on the project; however, ask the County to
consider the following on this item and future planning in the
community.
Union ESD# 62 serves the community within both Maricopa
County Zoning and City of Phoenix Estrella Village Community
jurisdictions. Housing development is booming and moving
rapidly along Broadway between the 202 and Avondale. Any
development between 83rd Avenue and 99th avenue has a direct
impact on our District and the community. 
We recently conducted a demographic study that was finalized in
summer 2021. The demographers and the Estrella Village Plan
still had land south of Broadway zoned and agricultural and
future commercial, this includes 83rd and Broadway. While we
are excited about the families and students this project will bring,
we want to be certain that we are planning to accommodate the
growth that 1100-1300 homes will inevitably bring to our schools.

Unfortunately, we were not notified or engaged in conversations
about the impact of shifting from commercial/agricultural to
residential in 2018. I understand that it may be irrelevant at this
point; however, as the area rapidly changes, and re-zoning
occurs, I ask that the County engage with the District and
developers in wise planning. Over the next 5 years we are
already expecting rapid growth from approved developments,
and are at capacity. Any additional residential projects must take
in to account the need for space to build additional school(s). We
would be happy to meet and discuss any and all future plans that
will impact our schools and would ask that this project take this
into account as well. 
In relation to this specific project, I ask that the Planning
commission consider that this parcel will be zoned under
Maricopa County; but eventually will be annexed into City of
Phoenix, ultimately, it will be those zoning rules that will be
applied. I bring this up because of bus transportation for
students. The neighborhoods are being built with too narrow of
streets. As the parcel is presently being designed, there will not
be a school within the development. This means school buses
will have to enter and drive throughout the streets. As you are
planning for roads, please consider that eventually, street parking
will most likely become allowable. If the roads and streets are
zoned for 2 car garages and carports because street parking is
not allowed, then the development is annexed into the City and
street parking is allowed, there will not be sufficient clearance for
school buses, or emergency vehicles to enter and navigate
around the development. 
Moving forward, we all understand the need for increased and
diverse housing options; however, the density of residents to
public school services in our community will soon be too high.
Adding additional residential without the offsetting land for
schools is poor planning. Additionally, planning without
consideration of future annexation creates challenges that may
not be able to be overcome. Thank you for listening to these
concerns. Union ESD looks forward to collaboratively planning
for the future growth of our community.
Name
Kristine Morris
Email Address
kmorris@uesd.org
Phone Number
6234785004
Comment on a Planning
[Submit Information ]

Case
 
Email not displaying correctly? View it in your browser.

From:
Rachel Applegate (PND)
To:
Jose Castaneda (PND)
Subject:
FW: Online Form Submittal: Comment on a Planning Case
Date:
Wednesday, October 20, 2021 8:03:30 AM
 
From: noreply@civicplus.com <noreply@civicplus.com> 
Sent: Tuesday, October 19, 2021 6:14 PM
To: Rachel Applegate (PND) <Rachel.Applegate@Maricopa.Gov>
Subject: Online Form Submittal: Comment on a Planning Case
 
Comment on a Planning Case
Comment on a Planning Case
(Section Break)
Case
Number
& Project
Name
Z2021031 – 83rd Ave. & Broadway
Comment
Good evening,
Concerning Application #Z2021031 – 83rd Ave. & Broadway, I ask for consideration of the following concerns.
________________________________________________________________________________________
As the Superintendent of the Union Elementary School District #62, representing the traditional public school
district serving the community in this area. I only yesterday became aware of this agenda item concerning the
83rd Ave. & Broadway project. Due to the short notice, my schedule does not allow me to attend; however, I
can be reached at kmorris@uesd.org or at 623-478-5004. I am neutral on the project; however, ask the County
to consider the following on this item and future planning in the community.
Union ESD# 62 serves the community within both Maricopa County Zoning and City of Phoenix Estrella Village
Community jurisdictions. Housing development is booming and moving rapidly along Broadway between the
202 and Avondale. Any development between 83rd Avenue and 99th avenue has a direct impact on our
District and the community. 
We recently conducted a demographic study that was finalized in summer 2021. The demographers and the
Estrella Village Plan still had land south of Broadway zoned and agricultural and future commercial, this
includes 83rd and Broadway. While we are excited about the families and students this project will bring, we
want to be certain that we are planning to accommodate the growth that 1100-1300 homes will inevitably bring
to our schools. 
Unfortunately, we were not notified or engaged in conversations about the impact of shifting from
commercial/agricultural to residential in 2018. I understand that it may be irrelevant at this point; however, as
the area rapidly changes, and re-zoning occurs, I ask that the County engage with the District and developers
in wise planning. Over the next 5 years we are already expecting rapid growth from approved developments,
and are at capacity. Any additional residential projects must take in to account the need for space to build
additional school(s). We would be happy to meet and discuss any and all future plans that will impact our
schools and would ask that this project take this into account as well. 
In relation to this specific project, I ask that the Planning commission consider that this parcel will be zoned
under Maricopa County; but eventually will be annexed into City of Phoenix, ultimately, it will be those zoning
rules that will be applied. I bring this up because of bus transportation for students. The neighborhoods are
being built with too narrow of streets. As the parcel is presently being designed, there will not be a school
within the development. This means school buses will have to enter and drive throughout the streets. As you

are planning for roads, please consider that eventually, street parking will most likely become allowable. If the
roads and streets are zoned for 2 car garages and carports because street parking is not allowed, then the
development is annexed into the City and street parking is allowed, there will not be sufficient clearance for
school buses, or emergency vehicles to enter and navigate around the development. 
Moving forward, we all understand the need for increased and diverse housing options; however, the density
of residents to public school services in our community will soon be too high. Adding additional residential
without the offsetting land for schools is poor planning. Additionally, planning without consideration of future
annexation creates challenges that may not be able to be overcome. Thank you for listening to these
concerns. Union ESD looks forward to collaboratively planning for the future growth of our community.
Name
Kristine Morris
Email
Address
kmorris@uesd.org
Phone
Number
6234785004
Comment
on a
Planning
Case
[Submit Information ]
 
Email not displaying correctly? View it in your browser.

From:
Rachel Applegate (PND)
To:
Jose Castaneda (PND)
Subject:
FW: Online Form Submittal: Comment on a Planning Case
Date:
Wednesday, October 20, 2021 7:59:45 AM
 
From: noreply@civicplus.com <noreply@civicplus.com> 
Sent: Tuesday, October 19, 2021 6:14 PM
To: Rachel Applegate (PND) <Rachel.Applegate@Maricopa.Gov>
Subject: Online Form Submittal: Comment on a Planning Case
 
Comment on a Planning Case
Comment on a Planning Case
(Section Break)
Case
Number
& Project
Name
Z2021031 – 83rd Ave. & Broadway
Comment
Good evening,
Concerning Application #Z2021031 – 83rd Ave. & Broadway, I ask for consideration of the following concerns.
________________________________________________________________________________________
As the Superintendent of the Union Elementary School District #62, representing the traditional public school
district serving the community in this area. I only yesterday became aware of this agenda item concerning the
83rd Ave. & Broadway project. Due to the short notice, my schedule does not allow me to attend; however, I
can be reached at kmorris@uesd.org or at 623-478-5004. I am neutral on the project; however, ask the County
to consider the following on this item and future planning in the community.
Union ESD# 62 serves the community within both Maricopa County Zoning and City of Phoenix Estrella Village
Community jurisdictions. Housing development is booming and moving rapidly along Broadway between the
202 and Avondale. Any development between 83rd Avenue and 99th avenue has a direct impact on our
District and the community. 
We recently conducted a demographic study that was finalized in summer 2021. The demographers and the
Estrella Village Plan still had land south of Broadway zoned and agricultural and future commercial, this
includes 83rd and Broadway. While we are excited about the families and students this project will bring, we
want to be certain that we are planning to accommodate the growth that 1100-1300 homes will inevitably bring
to our schools. 
Unfortunately, we were not notified or engaged in conversations about the impact of shifting from
commercial/agricultural to residential in 2018. I understand that it may be irrelevant at this point; however, as
the area rapidly changes, and re-zoning occurs, I ask that the County engage with the District and developers
in wise planning. Over the next 5 years we are already expecting rapid growth from approved developments,
and are at capacity. Any additional residential projects must take in to account the need for space to build
additional school(s). We would be happy to meet and discuss any and all future plans that will impact our
schools and would ask that this project take this into account as well. 
In relation to this specific project, I ask that the Planning commission consider that this parcel will be zoned
under Maricopa County; but eventually will be annexed into City of Phoenix, ultimately, it will be those zoning
rules that will be applied. I bring this up because of bus transportation for students. The neighborhoods are
being built with too narrow of streets. As the parcel is presently being designed, there will not be a school
within the development. This means school buses will have to enter and drive throughout the streets. As you

are planning for roads, please consider that eventually, street parking will most likely become allowable. If the
roads and streets are zoned for 2 car garages and carports because street parking is not allowed, then the
development is annexed into the City and street parking is allowed, there will not be sufficient clearance for
school buses, or emergency vehicles to enter and navigate around the development. 
Moving forward, we all understand the need for increased and diverse housing options; however, the density
of residents to public school services in our community will soon be too high. Adding additional residential
without the offsetting land for schools is poor planning. Additionally, planning without consideration of future
annexation creates challenges that may not be able to be overcome. Thank you for listening to these
concerns. Union ESD looks forward to collaboratively planning for the future growth of our community.
Name
Kristine Morris
Email
Address
kmorris@uesd.org
Phone
Number
6234785004
Comment
on a
Planning
Case
[Submit Information ]
 
Email not displaying correctly? View it in your browser.

Maricopa County, AZ
file:///C/Users/kmorris/Desktop/Public%20Comment.html[10/19/2021 7:15:04 PM]
Comment on a Planning Case
Case Number & Project Name*
Comment*
Name*
Comment on a Planning Case
Z2021031 – 83rd Ave. & Broadway
Good evening, 
 
Concerning Application #Z2021031 – 83rd Ave. & Broadway, I ask for consideration of the following concerns. 
________________________________________________________________________________________ 
As the Superintendent of the Union Elementary School District #62, representing the traditional public school district serving 
the community in this area. I only yesterday became aware of this agenda item concerning the 83rd Ave. & Broadway 
project. Due to the short notice, my schedule does not allow me to attend; however,  I can be reached at  kmorris@uesd.org 
or at 623-478-5004.  I am neutral on the project; however, ask the County to consider the following on this item and future 
planning in the community. 
 
Union ESD# 62 serves the community within both Maricopa County Zoning and City of Phoenix Estrella Village Community 
jurisdictions.  Housing development is booming and moving rapidly along Broadway between the 202 and Avondale.  Any 
development between 83rd Avenue and 99th avenue has a direct impact on our District and the community.  
 
We recently conducted a demographic study that was finalized in summer 2021.  The demographers and the Estrella Village 
Plan still had land south of Broadway zoned and agricultural and future commercial, this includes 83rd and Broadway.  While 
we are excited about the families and students this project will bring, we want to be certain that we are planning to 
accommodate the growth that 1100-1300 homes will inevitably bring to our schools.   
 
Unfortunately, we were not notified or engaged in conversations about the impact of shifting from commercial/agricultural to 
residential in 2018. I understand that it may be irrelevant at this point; however, as the area rapidly changes, and re-zoning 
occurs, I ask that the County engage with the District and developers in wise planning.  Over the next 5 years we are already 
expecting rapid growth from approved developments, and are at capacity. Any additional residential projects must take in to 
account the need for space to build additional school(s). We would be happy to meet and discuss any and all future plans 
that will impact our schools and would ask that this project take this into account as well.  
 
 
In relation to this specific project, I ask that the Planning commission consider that this parcel will be zoned under Maricopa 
County; but eventually will be annexed into City of Phoenix, ultimately, it will be those zoning rules that will be applied.  I 
bring this up  because of bus transportation for students.  The neighborhoods are being built with too narrow of streets. As 
the parcel is presently being designed, there will not be a school within the development.  This means school buses will have 
to enter and drive throughout the streets.  As you are planning for roads, please consider that eventually, street parking will 
most likely become allowable.  If the roads and streets are zoned for 2 car garages and carports because street parking is 
not allowed, then the development is annexed into the City and street parking is allowed, there will not be sufficient clearance 
for school buses, or emergency vehicles to enter and navigate around the development.   
 
Moving forward, we all understand the need for increased and diverse housing options; however, the density of residents to 
public school services in our community will soon be too high. Adding additional residential without the offsetting land for 
schools is poor planning. Additionally, planning without consideration of future annexation creates challenges that may not 
be able to be overcome.  Thank you for listening to these concerns. Union ESD looks forward to collaboratively planning for 
the future growth of our community.

Maricopa County, AZ
file:///C/Users/kmorris/Desktop/Public%20Comment.html[10/19/2021 7:15:04 PM]
Email Address*
Phone Number*
Comment on a Planning Case
Kristine Morris
kmorris@uesd.org
6234785004
Submit Information

Van Hofwegen Stipulation Modification 
Case No. Z2021031 
Maricopa County, Arizona 
 
83rd Avenue and Broadway Road 
Submitted To: 
Maricopa County Planning and Development Department 
301 West Jefferson Street, Suite 170 
Phoenix, Arizona 85003 
 
Submitted: March 19, 2021 
Resubmitted: September 3, 2021 
Public Hearing Draft Updated: October 26, 2021 
 
 
12/14/2020
  RECEIVED
10/26/2021

1 
VAN HOFWEGEN STIPULATION 
MODIFICATION Z2021031 
 
 
 
 
PROJECT TEAM 
 
Property Owner 
 
David and Janet Van Hofwegen 
David and Janet Van Hofwegen Family, LLC 
Broadway 42, LLC 
8459 W. Broadway  
Tolleson, Arizona 85353 
 
Property Owner’s Representative 
 
Southwest Land Associates, LLC  
Lucas W. Schlosser 
P.O. Box 5700 
Goodyear, Arizona 85338 
 
Land Planning 
 
EPS Group, Inc. 
Josh Hannon 
1130 N. Alma School Road, Suite 120  
Mesa, AZ 85201 
 
 
Civil Engineer  
 
EPS Group, Inc. 
Dan Auxier, P.E. 
1130 N. Alma School Road, Suite 120  
Mesa, AZ 85201 
 
Applicant/Attorney 
Gammage & Burnham, PLC 
Ashley Zimmerman Marsh, Esq. 
40 N.Central Avenue, 20th Floor 
Phoenix, Arizona 85004

2 
VAN HOFWEGEN STIPULATION 
MODIFICATION Z2021031 
 
1. 
Executive Summary ......................................................................................3 
2. 
Description of Proposal ................................................................................4 
3. 
Relationship to Surrounding Properties ..................................................... 10 
4. 
Location and Accessibility .......................................................................... 10 
5. 
Circulation System ..................................................................................... 10 
6. 
Development Schedule .............................................................................. 11 
7. 
Community Facilities and Services ............................................................. 11 
8. 
Public Utilities and Services ....................................................................... 11 
9.     Conclusion ................................................................................................. 12 
 
 
 
TABLE OF CONTENTS

3 
VAN HOFWEGEN STIPULATION 
MODIFICATION Z2021031 
 
1. 
Executive Summary 
The owners, David and Janet Van Hofwegen, David and Janet Van Hofwegen Family, LLC and 
Broadway 42, LLC (“Owners”), request a Stipulation Modification request of zoning case Z2018100.  
The Stipulation Modification request only pertains to modification of the residential development 
standards to accommodate current housing products.  
The subject property for Z2018100 is approximately 108-net acres of property located at the 
southwest and southeast corners of 83rd Avenue and Broadway Road (“Property”). The Property is 
generally bound by Broadway Road on the north, 83rd Avenue on the west, the City of Phoenix 
municipal facilities on the South, and S. 87th Avenue on the west. The Property is bordered by 
farmland to the north, west and east, with residential development zoned R1-10, R1-8 and R1-6 to the 
northeast. The Property is identified by the following six (6) Maricopa County Assessor’s Parcel 
Numbers (“APN”): 101-32-002F; 101-32-002H; 104-69-006B; 104-69-014A; 104-69-014C; and 
104-69-014D.  There is one parcel (APN 104-69-006B) located on the southeast corner of 83rd 
Avenue and Broadway, which was zoned C-2 as part of Z2018100.   
The Property was rezoned from Rural-43 to a mix of residential and commercial in Z2018100. 
Approximately 108-net acres was rezoned to R-5 Residential Unit Plan of Development (RUPD), and 
approximately 4-net acres was rezoned in to C-2 – Intermediate Commercial (“Request”). The 
residential rezoning is capped at 1,100 units for a density of 10.55 du/ac, with three distinct 
residential products: traditional single-family homes, neo-traditional homes, or detached or 
attached multi-family. The project includes 15-percent open space, approximately 15.64 acres, to 
meet today’s buyer preference of a reduced individual footprint, amenitized active and passive open 
space, and deferred landscape and maintenance obligations to homeowners’ associations instead 
of on each homeowner.  The proposed development standards are merely baseline standards for 
these products, which will ultimately create varied and interesting communities like Marbella Ranch 
in unincorporated Maricopa County, Verrado in the city of Buckeye, Desert Ridge in North Phoenix, 
and Tuscano that is directly north of the subject Site, which all offer groupings of different products. 
The commercial rezoning will allow for purposeful development of land after realigning 83rd Avenue.  
Together, the Request meets the market demand for a smaller, individual footprint with highly 
upgraded central amenities, and the convenience of nearby commercial and retail outlets.  
The Maricopa County (“County”) Estrella Land Plan designates the Property as Rural Densities (0-1 
du/ac). The Applicant also filed a companion General Comprehensive Plan Amendment 
(CPA2018007) concurrently with the rezoning case Z2018100 to modify the land designation to

4 
VAN HOFWEGEN STIPULATION 
MODIFICATION Z2021031 
Multiple Family – Low (8 - 12 du/ac) and Community Retail.  The Property is also within the City of 
Phoenix’s (“City”) planning boundary, and is designated Residential 5 to 10 du/ac, Mixed Use 
(Commercial/Residential 10 to 15 du/ac), Commercial and Mixed Use (Industrial/Commerce/Business 
Park).  
2. 
Description of Proposal 
The Stipulation Modification Request seeks to amend certain development standards to allow for 
residential development consistent with market demand and buyer’s preferences.  Although the 
land is currently being used as a dairy, the dairy is no longer economically viable nor consistent with 
the surrounding land uses, which have and continue to transition to residential living.   
The vision for the Property is to create flexibility within the residential portion of the Property to allow 
for future development of single-family residential, an autocourt housing option, and a detached or 
attached multi-family living component.  To achieve this balance, the base development standards 
for the R-5 zoning district are proposed, with three (3) separate categories of modifications through 
the RUPD overlay to create a set of development standards specific for the Project. These 
adjustments, proposed below, will allow the owner to market a community that features diverse 
products, but still maintain ample open space, to foster the growth and development of a vibrant 
and naturally diverse community.  Examples of thriving communities with multiple product offerings 
include Marbella Ranch, Verrado, Zanjero Trails and Desert Ridge. Moreover, the C-2 zoning will 
allow organic commercial development to service the needs of the emerging community on this Site 
and adjacent properties.   
With prime access from both Broadway Road and 83rd Avenue, the Project will utilize and improve 
these roadways for current and future residents alike.  These improvements include realignment of 
83rd Avenue and the creation of a viable commercial corner at what will be the new, southeast 
intersection of 83rd Avenue and Broadway Road. Together, these improvements will create a natural 
flow of egress/ingress to both the residential and commercial properties, and will maximize the Site 
consistent with the City of Phoenix General Plan.  
Proposed Amended Development Standards with Justification 
The base development standards for the R-5 zoning district with modifications through the RUPD 
overlay are proposed with three (3) distinct categories for the Project: Traditional Single-Family; Neo-
Traditional Single-family and Multi-Family.  The proposed modifications are intended to create 
development standards that allow for variations in housing product, meet today’s buyer 
preferences, and provide flexibility for homebuilders to craft communities that appeal to a greater 
range of home buyers for diverse neighborhoods.

5 
VAN HOFWEGEN STIPULATION 
MODIFICATION Z2021031 
Single-Family 
 
R-5 RUPD Zoning District Standards – Single Family Traditional 
(Detached SFR or Attached Townhome) 
Regulation 
Existing R-5 RUPD Standards 
Proposed R-5 RUPD Standards  
Height 
30’ / 2 stories – Detached SFR 
40’ / 3 stories – Attached SFR 
Townhome 
30’ / 2 stories  
Front yard 
18’ (with a front loaded garage)  18’ (with a front loaded garage)  
10’ for side loaded garage or 
livable area of dwelling unit 
10’ for side loaded garage or 
livable area of dwelling unit 
Side yard 
5’ 
5’ 
Street-side yard 
10’ 
5’ 
Rear yard 
25’ – Detached SFR 
12’ – Attached SFR Townhome 
12’  
Lot area 
4,000 sq. ft. 
3,500 sq. ft. 
Lot width 
40’ – Detached SFR 
30’ – Attached SFR Townhome 
30’ 
Lot area per 
dwelling unit 
1,000 sq. ft. 
1,000 sq. ft. 
Lot coverage 
60% 
60% 
Parking spaces 
2 
2 
 
 
 
The proposed modification to the R-5 RUPD creates the ability to plat the R-5 zoning district into 
single-family lots.  The R-5 parcels will be marketed for either an attached single-family residential 
townhome product or a detached single-family subdivision with individual lots.  The above amended 
development standards allow detached, single- family residential products with a 35’ lot width and 
the option of a side-loaded garage, which enhances the street scape and contributes to the overall 
neighborhood aesthetic.  Potential homebuilders may prefer a lower lot width for certain situations, 
including adjustment to smaller home product or to adapt the lots to potential curvilinear roads. 
Additionally, to the northwest of the subject Site, on the northwest corner of 83rd Avenue and 
Broadway is a single-family residential community, Tuscano, zoned S-1 in the City of Phoenix with 
40’, 45’ and 50’ wide lots, as well as cluster like housing similar to the neo traditional proposal. The 
slight modification to the lot width area will allow for current products that utilize space more 
efficiently with open floor plans and elimination of rarely used rooms such as formal living and dining 
spaces.

6 
VAN HOFWEGEN STIPULATION 
MODIFICATION Z2021031 
The attached single-family townhome product allows a 1,000 square foot product with a lot with a 
lot width of 30’ to provide a denser/urban product.  The building height for a detached single family 
residential is 30’, and 40’ for an attached townhome type product.  This flexibility ensures similar 
development standards to R1-6 zoning for single-family, detached products, and ensures that if this 
development option is used, that the density and maximum number of dwelling units will be lower 
than expected for traditional R-5 development.  The rear yard setback has been modified from 25’ 
to 12’ for the attached single-family residential townhome to allow for denser products situated on 
a smaller lot, and to 15’ for the detached single-family option consistent with buyer’s preferences.   
Moreover, the front yard setback modification is a slight adjustment to accommodate the options 
for a side-loaded garage, which is aesthetically pleasing and popular among home consumers.  This 
deviation allows builders flexibility in their product offerings and the ability to offer the same to 
potential homeowners.    
Smaller lot sizes with reduced setbacks will allow for generous, useable open space in the 
community, meeting today’s market demand for a smaller individual footprint with amenity-rich, 
central areas. Indeed, fifteen-percent (15%) open space is proposed to ensure creation of active 
and passive open spaces, which may include trails, playgrounds, ramadas, barbeques, and/or 
benches to foster community.  Additionally, these neighborhoods will all be part of homeowners’ 
associations that will govern and maintain open spaces and common areas, and enforce 
maintenance over the limited non-common areas. With the popularity and demand for common 
areas, homeowners’ associations have become integral parts of communities not only in terms of 
upkeep, but also in terms of bringing the community together and creating communication between 
neighbors. 
The development standards proposed herein are minimum standards that will create a diversity of 
lot sizes, parks, and expansive open spaces and amenities.  These features combined will create a 
distinctive, vibrant community with a wide-range of product offerings to future homebuyers. 
Neo Traditional Single-Family 
 
R-5 RUPD Zoning District Standards – Neo-Traditional  
(Detached SFR or Attached Townhome) 
Regulation 
Existing R-5 RUPD 
Standards 
Proposed R-5 RUPD Standards 
Height 
40’ / 3 stories 
30’ / 2 stories

7 
VAN HOFWEGEN STIPULATION 
MODIFICATION Z2021031 
Front yard 
5’ (13’ for side loaded 
garage or livable area 
of dwelling unit if 8’ 
PUE is required) 
0’ 
Side yard 
5’ or 2’ for side-turn 
garage (for SFR) 
0’ 
Street-side yard 
5’ 
0’ 
Rear yard 
5’ 
0’ 
Lot area 
2,500 sq. ft. 
2,300 sq. ft. 
Lot width 
40’ – Detached SFR 
30’ – Attached SFR 
30’  
Lot area per dwelling 
unit 
2,500 sq. ft. 
2,300 sq. ft. 
Lot coverage 
60% - Detached SFR 
65% - Attached SFR 
65%   
Parking spaces 
2 
2 
 
The above-requested, amended residential development standards are to allow flexibility within R-
5 RUPD to establish detached or attached single-family, residential housing products with an auto 
court, cluster or alley loaded design.  The requested amendments to lot widths, area and setbacks 
are necessary to incorporate these types of products.  The proposed setbacks allow units to be 
closer to the street, and in turn contribute to the defined public realm and streetscape environment.  
An example of the neo-traditional product type is below:

8 
VAN HOFWEGEN STIPULATION 
MODIFICATION Z2021031 
Cluster development, auto court products and alley loaded designs all promote open space and 
community connectivity through a combination of locating density in targeted areas, utilizing shared 
driveways and common areas, and emphasizing home frontage and streetscape.  The requested 
amendments include the following:  
 Smaller lot sizes and increased lot coverage to permit the development of single-family 
detached homes in the R-5 RUPD classification that include auto court, cluster, and alley-
loaded products.  These types of products allow for a more urban and attractive frontage 
along streets or courtyards that promote entry from the sidewalk and hides vehicular 
access. The smaller lot sizes and increased lot coverage also create a denser/urban feel, 
which are customary characteristics to this type of product.  Additionally, the requested lot 
size will allow a tract to be created for the shared drive aisles, which will facilitate the 
placement of utilities and ongoing maintenance.   
 Setbacks that give ability to develop single-family homes, attached and detached, 
conducive to a more walkable, traditional neighborhood within the R-5 RUPD classification.  
These modifications allow flexibility to the site’s orientation, especially with respect to how 
the front, rear and sides will be determined.  This is especially important in an autocourt 
community where home products may be orientated slightly different from lot to lot to 
create the desired aesthetic and community feel.     
 Reduced side and rear setbacks to allow side and rear garage access within the R-5 RUPD 
classification.  This allows automobile access through the side and rear while promoting 
porches and entryways along pedestrian access points along streets or courtyards.  These 
standards are consistent with auto court products, and will allow a tract to be created 
within the community for utilities and maintenance. 
Multi-Family 
 
R-5 RUPD Zoning District Standards – Multi-Family  
(Apartments or Condominiums) 
Regulation 
Base Zoning District 
Regulation (R-5) 
Proposed R-5 RUPD Standards 
Height 
40’ / 3 stories 
30’ / 2 stories 
Front yard 
20’ 
20’ 
Side yard 
5’ 
5’ 
Street-side yard 
10’ 
10’ 
Rear yard 
25’ 
25’ 
Lot area 
6,000 sq. ft. 
6,000 sq. ft. 
Lot width 
60’ 
60’

9 
VAN HOFWEGEN STIPULATION 
MODIFICATION Z2021031 
Lot area per 
dwelling unit 
1,000 sq. ft. 
1,000 sq. ft. 
Lot coverage 
60% 
60% 
Parking spaces 
2 
2 
 
The above requested standards will enable homebuilders to plat and design homes with current 
R-5 design standards for condominiums or apartments.  This table does not allow for a detached 
single-family residential or attached single-family residential townhome as identified in the 
previous tables; however, does allow for a detached or attached multi-family residential product.  
A detached multi-family residential product in this category may include a combination of attached 
and detached products, as well as private, enclosed patios varying size and shape specific to each 
unit. The unmodified, base development standards are proposed as multi-family attached and 
detached communities are site planned and not platted.  
 
C-2  
 
C-2 Standards 
Regulation 
Base Zoning District Regulations (C-2) 
Height 
40’ 
Front Yard 
10’ 
Side Yard 
10’ 
Rear Yard 
25’ 
Lot area 
Min. 6,000 SF 
Lot width 
60' 
Lot coverage 
60% 
 
The C-2 zoning category is proposed for approximately 4-net acres of the northeast corner of the 
Project.  C-2 zoning will optimal utilization of a newly created parcel after realignment of 83rd Avenue 
south of Broadway, which will impact APN 104-69-006B, 104-69-014D and 104-69-014C.  C-2 
zoning is requested in this area as the realignment will create the future southeast corner of 83rd 
Avenue and Broadway Road.  Additionally, C-2 zoning will allow for organic development responsive 
to community needs (e.g., restaurants and cafes, retail stores, veterinary hospital, self-storage 
facilities, etc.).  The request is also consistent with the City of Phoenix General Plan, which similarly 
outlines realignment of 83rd Avenue and creation of a commercial corner.  The unmodified, base 
development standards are proposed.

10 
VAN HOFWEGEN STIPULATION 
MODIFICATION Z2021031 
3. 
Relationship to Surrounding Properties 
The Property is currently adjacent to residential properties and farmland.  The City of Phoenix is 
located on the north and south sides of the property, and unincorporated Maricopa County to the 
east and west.  Agricultural fields are to the north of the property, with the northeast zoned RU-43 
in unincorporated Maricopa County and the northwest zoned R1-10, R1-8 and R1-6 within the City 
of Phoenix.  To the east of the property are agricultural fields that are zoned RU-43 in unincorporated 
Maricopa County.  To the South of the Property is the City of Phoenix Police’s Defensive Driving 
Training Track.  South of the training track is the City of Phoenix 91st Avenue Wastewater Treatment 
Plant.  Both the Training Track and Wastewater Treatment Plant are within the City of Phoenix.  To 
the west of the Property is another dairy farm zoned RU-43 in unincorporated Maricopa County.  
These properties, and the area in general, are easily accessible via Broadway Road running 
east/west, and 91st and 83rd Avenues running north/south. 
The request will continue to allow the development in this increasingly popular area of Phoenix and 
Maricopa County.  North of the Property, several successful single-family residential communities 
have emerged and are thriving in nearby jurisdictions.  The Request is fitting with the above 
subdivisions as this area continues to grow and develop.  The Request reflects the demand for 
smaller individual lots with ample open space.   
Additionally, the Request mirrors the City of Phoenix General Plan, reflecting the same proposed 
density and commercial uses for the property.   
4. 
Location and Accessibility 
The Property is located along a major improved roadway, Broadway Road., which has been improved 
with the residential development on the northeast corner of 83rd Avenue and Broadway.  Although 
not built to its ultimate major arterial design, the paved two-lane roadway provides excellent access 
to other roadways and connects the Site to the west and east parts of the valley.  Additionally, 83rd 
Avenue serves to connect the Property to the I-10, making other freeways easily accessible.  
Moreover, realignment of 83rd Avenue along the eastern portion of the subject site will facilitate 
natural egress/ingress from the proposed residential and commercial pieces, and serve future 
growth and development in the area as adjacent agricultural properties are redevelopment.  
5. 
Circulation System 
The proposed rezoning will provide for the dedication of the half street for Broadway Road along the 
residential and commercial frontage.  The proposed rezoning also contemplates realignment of 83rd 
Avenue, and anticipates full-width dedication to realign 83rd in exchange for partial abandonment

11 
VAN HOFWEGEN STIPULATION 
MODIFICATION Z2021031 
of the existing roadway.  The residential and commercial development will therefore be accessible 
by both Broadway Road and 83rd Avenue 
6. 
Development Schedule 
2018/19 – Zoning Entitlements for R-5 RUPD and C-2 zoning 
2019/21 – Market proposed plan to potential builders and developers, including preliminary and 
final platting processes with the County 
2021/22 – Build main entrance off Broadway Road and potential models for residential 
development 
 
2022/23 – Build portion of lots (dependent of real estate market) 
2023     – Remainder of subdivision to build out dependent on real estate market 
7. 
Community Facilities and Services 
The Rezone will accommodate drainage, and provide for breaks in the residential lots and potential 
amenities and play areas for the future residents.  Any future plat and subsequent residential 
community will be located just east of the Estrella Mountain Regional Park and west of the City of 
Phoenix’s Cesar Chavez Park.  The future neighborhood will also be adjacent to the nearby 
jurisdictions and communities of Tolleson, Avondale and Laveen.  Additionally, Valley attractions are 
easily accessible with the I-10 freeway just 4-miles to the north.  
The Property lies within Tolleson Union #214 High School and Union Elementary School Districts.   
8. 
Public Utilities and Services 
Public Safety 
It is anticipated the Project will be served by the Rural Metro and the Maricopa County Sherriff’s 
Office, or through the City of Phoenix Police and Fire Departments, through annexation or service 
agreement. The nearest City of Phoenix Police station is the Estrella Mountain Precinct is 
approximately 3.5 miles to the northwest located at 2111 S. 99th Avenue, Tolleson, AZ 85353. 
The nearest City of Phoenix Fire Station is located approximately four-and-a-half miles northeast at 
1111 S. 65th Ave, Phoenix, AZ 85043.

12 
VAN HOFWEGEN STIPULATION 
MODIFICATION Z2021031 
Water 
The Property is adjacent to the City of Phoenix where services are more than readily available.  It is 
anticipated that the Property will utilize the services available through the City of Phoenix, either 
through annexation or service agreement.   
Wastewater 
The Property is adjacent to the City of Phoenix where services are more than readily available.  It is 
anticipated that the Property will utilize the services available through the City of Phoenix, either 
through service agreement or annexation.   
Refuse 
The future homebuilder will provide refuse service to the future home buyers, through the City of 
Phoenix or private collection. 
9. Conclusion 
In addition to the justifications provided above for the separate zoning categories, the proposed 
zoning districts and RUPD overlay will enable the site to develop consistent with the current 
residential markets in the area.  Nearby growing developments have provided current residents with 
housing options, but this area of Maricopa County is growing primarily as greater infrastructure 
investments are made by the larger developments and nearby jurisdictions, including roads, water 
and sewer improvements. The Project intends to create a livable, marketable residential 
development at an appropriate density for a wide-range of products through the three (3) distinct 
zoning categories. 
Overall, the Project is proposing smaller individual lot sizes with greater, useable open space that 
will be present in either single-family subdivisions or multi-family communities.  The amenities may 
include a tot lot, ramada, barbeques, field areas, and/or trails promoting interconnectivity. These 
amenities will be maintained homeowners’ association and/or property management, which is 
desirable for today’s homebuyer seeking to alleviate the burdens of upkeep.  Our proposal brings a 
diversity of products to this area, and creates opportunities for homebuilders to be creative in their 
product offerings and designs, resulting in organically diverse communities.  
Additionally, a commercial component enhances the proposal to serve the proposed residential 
zoning and optimize what will be a new hard corner created by the realignment of 83rd Avenue.  This 
commercial corner will serve not only the incoming residents, but existing residents alike in nearby 
communities.

13 
VAN HOFWEGEN STIPULATION 
MODIFICATION Z2021031 
83rd Avenue serves as a convenient connection to the greater Phoenix area and nearby growing 
residential and employment areas.  For instance, the 1-10 is less than 4 miles north of the Property 
with on/off ramps at 83rd Avenue.  Additionally, there are multiple retail centers and business parks 
along 83rd Avenue that will be fostered by needed residential options in this area.  
In summary, the proposal provides similar type densities and open space design to those recently 
approved in unincorporated Maricopa County, the City of Phoenix and surrounding communities 
while placing an emphasis on active open space and public meetings spaces to create a better 
sense of community than other projects in the area that have larger lots with no community 
amenities.  The proposal mirrors the City of Phoenix General Plan by weaving higher density 
residential with commercial uses to optimize the potential of the subject parcels, and will seamlessly 
integrate into this part of unincorporated Maricopa County.

APN 104-53-910
TUSCANO
MASTER HOMEOWNERS ASSOCIATION
ZONED: R1-10 PCD
APN 101-31-002B & C
NEW ERA PHOENIX LLC
ZONED: S-1
APN 101-31-006A C, & D
NEW ERA PHOENIX LLC
ZONED: RU-43
APN 101-32-002B
CITY OF PHOENIX
ZONED: RU-43
APN 101-35-001Q
EVANS DAVID E
ZONED: RU-43
APN 101-33-003, 4, 6 & 7
CITY OF PHOENIX
ZONED: RU-43
APN 104-69-007D
FLORIDA ROCK
INDUSTRIES INC
ZONED: RU-43
W. BROADWAY ROAD
S. 83RD AVENUE
APN 104-69-014D
(PORTION OF)
DAVID & JANET
VAN HOFWEGEN
FAMILY LLC
ZONED: R-5 RUPD
APN 104-69-014C
DAVID & JANET
VAN HOFWEGEN FAMILY LLC
ZONED: R-5 RUPD
APN 101-32-002H
DAVID & JANET
VAN HOFWEGEN
FAMILY LLC
ZONED: R-5 RUPD
APN 101-32-002F
BROADWAY 42 LLC
ZONED: R-5 RUPD
APN 104-69-014A
DAVID & JANET
VAN HOFWEGEN FAMILY LLC
ZONED: R-5 RUPD
APN 104-69-014D
(PORTION OF)
DAVID & JANET
VAN HOFWEGEN FAMILY LLC
ZONED: C-2
APN 104-69-06B
VAN HOFWEGEN
DAVID/JANET
ZONED: C-2
PROJECT TEAM
ZONING EXHIBIT FOR
SWC 83RD AVENUE &
BROADWAY ROAD
A PORTION OF SECTION 27. TOWNSHIP 1 NORTH, RANGE
1 EAST OF THE GILA AND SALT RIVER MERIDIAN,
MARICOPA COUNTY, ARIZONA
PROJECT DATA
A.P.N.:
101-32-002F, 101-32-002H, 104-69-014A, 104-69-014C,
101-69-006B & A PORTION OF 104-69-014D
EXISTING LAND USE:
AGRICULTURAL / DAIRY FARM
EXISTING COMPREHENSIVE PLAN LAND USE:
LARGE LOT RESIDENTIAL (0-2 DU/AC)
EXISTING ZONING:
R-5 RUPD & C-2
SITE GROSS AREA:
±114.07 ACRES
MINIMUM OPEN SPACE
745,376 SF (15%)
N.T.S.
VICINITY MAP
PROJECT
SITE
W. BROADWAY RD
N. 91ST AVE
1
ZX01
ZONING EXHIBIT
SEC. 27,
T.1 N., R.1 E.
LEGAL REPRESENTATION:
GAMMAGE & BURNHAM
40 N CENTRAL AVENUE, 20TH FLOOR
PHOENIX, AZ 85004
TEL:  (602)-256-0566
CONTACT: ASHLEY MARSH
amarsh@gblaw.com
CIVIL ENGINEER:
EPS GROUP, INC.
1130 N ALMA SCHOOL RD., SUITE 120
MESA, AZ 85201
TEL:  (480)-503-2250
FAX:  (480)-503-2258
CONTACT: DAN AUXIER, P.E.
dan.auxier@epsgroupinc.com
Project:
Sheet No.
Job No.
Call at least two full working days
before you begin excavation.
Dial 8-1-1 or 1-800-STAKE-IT (782-5348)
In Maricopa County: (602)263-1100
Designer:
Drawn by:
w w w . e p s g r o u p i n c . c o m
T:480.503.2250
F:480.503.2258
1130 N. Alma School Rd., Ste. 120
|
Mesa, AZ 85210
20-1432
SWC 83rd Avenue & Broadway Road
Maricopa County
JH
JAJ
20-1432
of 6
PLANNER:
EPS GROUP, INC.
1130 N ALMA SCHOOL RD., SUITE 120
MESA, AZ 85201
TEL:  (480)-503-2250
FAX:  (480)-503-2258
CONTACT: JOSH HANNON
josh.hannon@epsgroupinc.com
1
Or
Preliminary
Construction
Not For
Recording
Or
Preliminary
Construction
Not For
Recording
150
0
150
300
scale: 1" = 150'
feet
CASE NO.: Z2021031
DEVELOPER:
MERITAGE HOMES
8800 E RAINTREE DRIVE, SUITE 300
SCOTTSDALE, AZ 85260
TEL: (480)-515-8139
CONTACT: TYLER CHAMPLIN
SUBJECT SITE
ZONED: R-5 RUPD
& C-2
S. 83RD AVE
12/14/2020
12/14/2020
  RECEIVED
10/26/2021