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ITEM 8.b. TOWN OF FOUNTAIN HILLS STAFF REPORT Meeting Date: 5/5/2026 Meeting Type: Town Council Regular Meeting Submitting Department: Development Services / Planning Prepared by: Farhad Tavassoli, Senior Planner Staff Contact Information: Phone: 480-816-5139 Email: ftavassoli@fountainhillsaz.gov Request to Town Council Regular Meeting (Agenda Language) CONSIDERATION AND POSSIBLE ACTION: Approving a CUT/FILL WAIVER request to permit an area of approximately 2,885 square feet to exceed the maximum 10-foot visible FILL allowance up to approximately 15 feet deep maximum fills for the development of the back patio area for the property on 15409 E. Richwood Ave. Staff Summary (background) The applicant is requesting a fill waiver to allow approximately 2,885 square feet of the subject property to have up to 15 feet of fill (5 feet additional fill than what is allowed by the Ordinance) in order to allow the construction of a back patio for a new single-family residence at 15409 E. Richwood Ave. A small portion of the building footprint is also within the excess fill area, but is exempt from requiring a waiver as it is less than 5% of the building footprint. The Town of Fountain Hills Subdivision Ordinance, Article 5, Section 5.03.D.: “…the total combined height of any fill or the depth of any cut area as a result of subdivision improvement grading and/or any subsequent grading, including but not limited to grading approved as a part of building permit approval, shall not total more than ten feet, as measured from natural grade, unless otherwise provided in this Article. These limitations on cut and fill apply to all zoning districts.” The grading plan does not include any cuts greater than 10 feet anywhere on the lot. Staff has identified three objectives in reviewing cut and fill waiver requests. Those objectives are: 1. To reduce the visual impact of the proposed development as viewed from the adjacent properties and rights of ways. The fill would be contained behind a series of retaining walls. The attached cut-and-fill exhibit illustrates fill depths of up to 15 feet, which exceed the 10 feet of fill allowed by right; the areas outside the building footprint exceeding 10 feet are shown in orange. The slopes in this portion of the property are approximately 20%. Per Article 5, Section 5.06.D of the Subdivision Ordinance, retaining walls may be up to 10 feet in height but must average 7 feet. The applicant is proposing a retaining wall with a maximum height of only 6 feet. Because the property is a corner lot that slopes downward from Richwood Drive, the fill areas would be partially visible from the residence to the south, but only from that home’s driveway, and not from the structure itself. The same fill area would not be visible from Richwood Avenue, as it would be screened by the house. Furthermore, the fill would remain below the home’s finished floor elevation and therefore would not obstruct any viewsheds from the uphill properties. 2. To review the measures applied by the designer to minimize the amount of cut and fill on the lot. According to the applicant's narrative, "A critical component of the design is providing safe, step-free access to the rear patio and outdoor living areas. Due to the existing topography, achieving this accessibility requires additional fill and associated retaining improvements in the southeast portion of the site." To achieve this, the design incorporates three terraced retaining walls in the rear yard. The terracing helps break up vertical massing, and each level will include landscaping to soften the appearance of the walls and support the intent of the grading regulations. 3. To consider possible alternatives to the proposed plan that would conform to the ten-foot maximum cut or fill. The property could be developed with a smaller home (the proposed home is approximately 5,100 square feet total). However, there still may need to be some amount of fill placed on this property due to its steep slopes. The balance of the proposed site design appears to be in compliance with the Town’s Subdivision and Zoning Ordinances. 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 the Town Council APPROVE the Cut/Fill waiver request subject to the condition that the building permit and subsequent development activities are compliant with all other Zoning and Subdivision Ordinances and the project is constructed in substantial conformance with the site plans provided with this request. Suggested Motion MOVE TO APPROVE a CUT/FILL WAIVER for the property on 15407 E. Richwood Ave. as shown on the attached exhibit. FISCAL IMPACT Fiscal Impact: N/A Budget Reference: N/A Funding Source: N/A ATTACHMENTS 1. Case Map-CFW26-000004 2. Applicant Narrative 3. Fill Exhibit 1 4. Fill Exhibit 2