Staff Report

Town of Fountain Hills — Special (2026-06-30)

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ITEM 3.c. 
 
TOWN OF FOUNTAIN HILLS 
 
STAFF REPORT 
 
Meeting Date: 
6/30/2026 
Meeting Type: 
Town Council Special Meeting 
Submitting Department: 
Development Services 
Prepared by: 
John Wesley, Development Services Director 
Staff Contact Information: Phone: 480-816-5138 
Email: jwesley@fountainhillsaz.gov 
 
Request to Town Council Regular Meeting (Agenda Language) 
CONSIDERATION AND POSSIBLE ACTION: Approving a request for a CUT/FILL 
waiver for 13818 E. Coyote Way to allow cut and fill in excess of 10' on portions of the 
property. 
 
Staff Summary (background) 
The owner of the property at 13818 E. Coyote Way is preparing plans to build a new single-
family home on this lot.  The plans submitted for this 49,783 sq. ft. lot show a total 
disturbance area of approximately 21,000 sq. ft.  The total area proposed under roof is 6,397 
sq. ft. 
 
The lot slopes down from the street toward a drainage way across the rear (west side) of the 
lot.  The western portion of the lot is in a drainage easement. The highest point on the lot is at 
the south-east corner at 2440' and the lowest is in the north-west corner at 2370'.  The area of 
the lot closest to the street has a general slope between 15% and 20%.  The most significant 
slopes are along the southern property boundary and the west side of the lot. 
 
The plans for this two-story home set the building pad at 2421', which is about the same 
elevation as the street where the driveway connects to the street.  To create a level building 
pad, the area to the east and south of the home will be excavated to provide the driveway 
access to the garages on the south side of the house.  This will have the effect of screening 
much of the driveway and garages from the street and the neighbors to the south.  There is 
also a small area of excess fill on the outdoor living area behind the house next to the pool. 
 This area of excess fill is not visible to adjacent properties.

Staff has identified three objectives in reviewing cut and fill waiver requests.  Those 
objectives are: 
 
1. To reduce the visual impacts of the proposed developments as viewed from the adjacent 
properties and right of way. 
Cut.  The area of cut is along the southern boundary of the property.  Two retaining walls that 
comply with ordinance requirements will be used to step the land down to the finish grade. 
 Given the topography and the curve of the street, the area of cut will be visible only to those 
on the property in front of the garage area.  The maximum amount of cut is over 15', but this 
is in a relatively small area.   
 
Fill.  The area of excess fill in in the rear portion of the lot.  The excess fill is behind two 
retaining walls which comply with ordinance requirements.  The lower wall is also partially 
screened by use of boulders.  The rear areas of the lot slopes down to the drainage way with 
slopes in excess of 20%.  The property behind this lot is part of the Fountain Hills McDowell 
Mountain Preserve.  The nearest existing trail is over 450' away. 
 
2. To review the measures applied by the designer to minimize the amount of cut and fill on 
the lot. 
The designer of this property picked a location in the center of the lot that, for the most part, 
balanced out the cut and fill requirements while fitting within the setback requirements.  The 
excess cut along the south side of the lot is needed to provide for the driveway access to the 
garage area.  Shifting the house further west would cause a more significant impact with 
additional fill needed due the steep slopes on the west side of the property. 
 
3. What are alternatives to the proposed plan that would conform to the cut/fill requirements? 
Assessing alternatives to the current design that conform to ordinance requirements would 
necessitate submission of design options.  Review of the property by staff finds there are 
significant challenges relating to the topography and configuration of the lot that make

alternatives challenging without complete redesign of the desired home on this lot.  The 
HOA has reviewed and approved the plans as designed. 
 
 
Related Ordinance, Policy or Guiding Principle 
Subdivision Ordinance, Article 5, Section 5.03. D. 
Subdivision Ordinance, Article 5, Section 5.06. D. 
 
Risk Analysis 
N/A 
 
Recommendation(s) by Board(s) or Commission(s) 
N/A 
 
Staff Recommendation(s) 
Staff recommends approval of the requested cut/fill waivers. 
 
Suggested Motion 
MOVE TO APPROVE a CUT/FILL waiver for 13818 E. Coyote Way (CFW26-000005) as 
requested. 
 
FISCAL IMPACT 
Fiscal Impact:  
Budget Reference:  
Funding Source:  
 
ATTACHMENTS 
1. 
Case Details Maps