1st Packet - REZONE25-000002
Extracted text (via ocr_local)
23141 characters
Uae Name
FirstName Number Address City State Zip Phone Notes
1 Abrams David 15641 N Eagles Nest Dr Fountain Hills Arizona 85268 480-652-5177
2 Abrams Jamie 15641 N Eagles Nest Dr Fountain Hills Arizona 85268 480-843-1393
3 Agee Judith 15644 N Aspen Dr Fountain Hills Arizona 85268 480-363-6285
4 Aritz Frank 15323 E Quick Draw PL Fountain Hills Arizona 85268 480-837-4529
5 Baranoff Robert 15641 E Golden Eagle Blvd _—_ Fountain Hills Arizona 85268 860-729-4501
6 Becker Anne 15830 N Eagles Nest Dr Fountain Hills Arizona 85268 602-320-4517
7 Becker Anne 15410 E Wrangler Ct Fountain Hills Arizona 85268 602-320-4517
8 Booth Jann 16428 N Aspen Dr Fountain Hills Arizona 85268 480-652-0827
9 Cagala Therese 15473 E Golden Eagle Blvd _ Fountain Hills Arizona 85268 480-221-0808
10 Cagle Cheryl 16230 N Aspen Dr Fountain Hills Arizona 85268 928-368-3946
11 Campbell Philip 15802 N Eagles Nest Dr Fountain Hills Arizona 85268 303-916-0544
12 Canzoneri Peter 15403 E Wrangler Ct Fountain Hills Arizona 85268 847-514-6033
13 Casciani-Eaton Cosette 16012 N Nyack Dr Fountain Hills Arizona 85268 575-312-9512
14 Cherwayko Jeanette 15633 Cerro Alto Fountain Hills Arizona 85268 403-650-7204
15 Combs Roger 15648 N Eagles Nest Dr Fountain Hills Arizona 85268 602-577-3087
16 Couch Ron 15312 E Two Gun Cir Fountain Hills Arizona 85268 NONE
17 Dahl Helen 16220 N Aspen Dr Fountain Hills Arizona 85268 602-549-4270
18 Eaton Rodney 16012 N Nyack Dr Fountain Hills Arizona 85268 575-312-2766
19 Fabielli Bobbie 15814 N Eagles Nest Dr Fountain Hills Arizona 85268 773-592-8986
20 Farah Diane 16035 N Aspen Dr Fountain Hills Arizona 85268 317-258-0463
21 Fredrickson Todd 14407 NEl Pueblo Blvd Fountain Hills Arizona 85268 NONE
22 Gilberstadt David 15403 E Golden Eagle Blvd Fountain Hills Arizona 85268 480-634-8486
23 Gilbert Walter 16417 N Aspen Dr Fountain Hills Arizona 85268 480-250-6966
24 Gorenca Veton 16820 E La Montana #116 Fountain Hills Arizona 85268 480-365-9289
25 Grauds Dzintars 16034 N Aspen Dr Fountain Hills Arizona 85268 602-430-1176
26 Halfman Martin J 15811 N Eagles Nest Dr Fountain Hills Arizona 85268 480-993-8266
27 Hubick James 16042 N Aspen Dr Fountain Hills Arizona 85268 480-284-1943
28 Immenga Albert 15405 E Round Up Cir Fountain Hills Arizona 85268 480-836-1235
29 Kelleher William 16026 N Aspen Dr Fountain Hills Arizona 85268 480-837-8806
30 Korona Patricia 15317 E Walnut Ln Fountain Hills Arizona 85268 480586-5603
31 Kuzara Veronica 15641 E Golden Eagle Blvd Fountain Hills Arizona 85268 860-874-3625
en Last Name FirstName Number Address City State Zip Phone Notes
32 Larson Stewart 15318 Walnut Ln Fountain Hills Arizona 85268 480-861-2530
33 Lorvick Vicky 15404 E Round Up Cir Fountain Hills Arizona 85268 406-570-7747
34 Lynch Barbara 16050 N Aspen Dr Fountain Hills Arizona 85268 262-613-8931
35 Mahadeen Ramsey 16013 N Nyack Dr Fountain Hills Arizona 85268 973-204-2641
36 Mahdavi Omid 15304 E Two Gun Cir Fountain Hills Arizona 85268 520-471-2084
37 McCarty Patrick 15402 E Wrangler Ct Fountain Hills Arizona 85268 507-358-5376
38 Mcksymick Mark 15583 E Golden Eagle Blvd —_‘ Fountain Hills Arizona 85268 480-226-4429
39 McNeal Deborah 15312 E Two Gun Cir Fountain Hills Arizona 85268 360-707-8073
40 Miller Paul 16212 N Aspen Dr Fountain Hills Arizona 85268 480-837-2698
41 Miller Darlene 16212 N Aspen Dr Fountain Hills Arizona 85268 480-837-2698
42 Morris Susan 15412 E Round Up Cir Fountain Hills Arizona 85268 480-227-5134
43 Murchison Todd 15411 E Wrangler Ct Fountain Hills Arizona 85268 480-768-3044
44 Murchison Nicole 15411 E Wrangler Ct Fountain Hills Arizona 85268 480-768-3044
45 Murphy Patricia G 16010 N Aspen Dr Fountain Hills Arizona 85268 262-225-5743
46 Nonhof Susan 15819 N Eagles Nest Dr Fountain Hills Arizona 85268 480-773-0481
47 Nonhof Michael 15819 N Eagles Nest Dr Fountain Hills Arizona 85268 623-696-8304
48 Paulsen Randy 15147 E Mazatzal Cir Fountain Hills Arizona 85268 NONE
49 Pierson Roy 15207 E Shoot Out Plaza Fountain Hills Arizona 85268 215-921-1019
50 Polk Florence 15531 E Golden Eagle Blvd Fountain Hills Arizona 85268 480-586-7566
51 Prestenback Kayla 15843 N Aspen Dr Fountain Hills Arizona 85268 985-212-4259
52 Purdum Denice 16028 N Nyack Dr Fountain Hills Arizona 85268 314-369-5658
53 Reiser Laura 16420 N Aspen Dr Fountain Hills Arizona 85268 630-926-5248
54 Reiser Scott 16420 N Aspen Dr Fountain Hills Arizona 85268 630-299-9470
55 Scoville Diane 15315 E Quick Draw Pl Fountain Hills Arizona 85268 480-720-1857
56 Smith Jefferey 16206 N Aspen Dr Fountain Hills Arizona 85268 480-250-2018
57 Smith Robert 15827 N Eagles Nest Dr Fountain Hills Arizona 85268 218-330-0997
58 Taube Kathleen 16034 N Aspen Dr Fountain Hills Arizona 85268 480-837-3605
59 Titus Susan 15633 N Eagles Nest Dr Fountain Hills Arizona 85268 608-332-1265
60 Tramonte Peter 15860 N Nyack Dr Fountain Hills Arizona 85268 631-459-3789
61 Van Wyk Nmadelyn 15261 Golden Eagle Blvd Fountain Hills Arizona 85268 480-740-7304
62 Verity Melissa 16411 E Segundo Dr Fountain Hills Arizona 85268 602-881-0038
Last Name FirstName Number Address City State Zip Phone Notes
63 Versetis Charles 15836 N Eagles Nest Dr Fountain Hills Arizona 85268 602-359-2806
64 Visnifir Doug 15330 E Walnut Lane Fountain Hills Arizona 85268 602-796-2860
65 Walters Rachael 15606 N Aspen Dr Fountain Hills Arizona 85268 805-245-4473
66 Wasserstrom Sam 15814 N Eagles Nest Dr Fountain Hills Arizona 85268 773-592-8969
67 Weegman Mary Lou 15827 N Eagles Nest Dr Fountain Hills Arizona 85268 NONE
68 White Nancy 15573 E Golden Eagle Blvd Fountain Hills Arizona 85268 480-330-1922
69 Wicklund Anne 15453 E Golden Eagle Blvd —_— Fountain Hills Arizona 85268 602-620-4948
70 Wilson Susan 15824 N Eagles Nest Dr Fountain Hills Arizona 85268 623-687-0366
71 Wilson Matt 15824 N Eagles Nest Dr Fountain Hills Arizona 85268 623-687-6389
| received the Toll Brothers Development Plan in the mail forN. Apsen Dr. & E. Wrangler Ct.
showing 29 homes that are planned to be built very close to my property. It looks like the edge
of my property is 126 Ft from the proposed development.
Please accept my formal Protest Letter in opposition to rezoning.
| have many concerns, but my main concerns are losing property value, changing the beauty of
Fountain Hills desert landscape, the possible risks of flood/drainage, and the effect on the
natural wildlife.
| love seeing Deer in my own backyard and rezoning to put in 29 homes is going to affect
Fountain Hills in a negative way. | love the small town feel of Fountain Hills.
| can’t wait to vote in the next election for representatives that share my passion for Fountain
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Hills.
Your neighbor. 4; . Ps
Randy Paulsen /
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Written Protest Regarding Toll Brothers Rezoning Application RZ25-000002 ne
February /é, 2026
To: Town of Fountain Hills Town Clerk, Beverly Bender
Town of Fountain Hills Mayor and Council Members
Mayor Gerry Friedel
Vice mayor Allen Skillicorn
Councilwoman Gayle Earle
Councilwoman Brenda Kalivianakis
Councilwoman Hannah Larrabee
Councilwoman Peggy McMahon
Councilman Rick Watts
Town of Fountain Hills Planning & Zoning Commission Members
Chairperson Dan Kovacevic
Vice Chairperson Peter Gray
Commissioner Nick Proctor
Commissioner Phil Sveum
Commissioner Scott Schlossberg
Commissioner Mathew Corrigan
Subject: Written Protest Regarding Toll Brothers’ Application (RZ25-000002) to
Rezone North Aspen Property (APN: 176-21-181)
Legal Dispute Regarding NPOA Jurisdiction Over North Aspen Property
AB
I write to formally oppose Toll Brothers Inc.’s application (RZ2%-000002) to rezone the 19-
acre parcel located at 15680 North Aspen Drive in Fountain Hills, Arizona.
My husband Brett Lincoln and I live at 15830 N. Eagles Nest Drive in Fountain Hills. We
also own the lot at 15410 E. Wrangler Court in Fountain Hills. Both of our properties are
directly adjacent to the North Aspen Property referenced above and would be impacted by Toll
Brothers’ proposed development.
The full 19 acre parcel along Aspen Drive lies squarely within the legal jurisdiction of the
Neighborhood Property Owners’ Association of Fountain Hills or “NPOA.”
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td
NPOA is a private, nonprofit property owners association in Fountain Hills that was«
established to maintain architectural control in specified portions of Fountain Hills — including’
the Aspen Drive parcel. =o
NPOA administers and enforces a Declaration of Reservations containing terms and conditions
that are private, binding covenants that run with the land. These restrictions are recorded in
the deed, and any buyer of the land — including Toll Brothers — must accept the land subject to
these conditions.
The NPOA Declaration of Reservations states that lots zoned R-35 and R-10 (including the
Aspen Drive property) cannot be subdivided without prior approval from the NPOA
Committee of Architecture. In other words, Toll Brothers needs NPOA’s prior authorization
in order to subdivide the lot or construct anything on the property.
Toll Brothers doesn’t seem to think so. At the Open House, Toll Brothers stated that it would
not be part of the NPOA. It failed to explain how it can exempt itself from NPOA jurisdiction.
In short: The jurisdiction of the NPOA over Toll Brothers’ proposed development is at issue.
NPOA asserts jurisdiction (and their records plainly confirm jurisdiction), but Toll Brothers
claims it is outside NPOA’s jurisdiction even though these restrictions legally run with the
land.
This is a significant legal issue that must be resolved before rezoning can be considered.
Signature: bum i: : Bitkty
Printed Name: _ Arm Be CK ere
Date: Eeb. lle, 2026
Address: Me) N Eagles Nest AWM) 15 40 E Wrang er ot.
Fount Hille AZ P5ZHE
Phone Number: [oD2- 22D - 45) F
“This proposed development will result in a 22 cubic feet per second
increase in peak flow during a 100-year storm event compared to
existing conditions.”
This is not speculative. It is Toll Brothers’ own admission.
A 22 cubic feet per second increase in 100-year peak discharge is significant in
this context. In natural, unconfined alluvial channels such as Ashbrook Wash,
hydraulic response is non-linear — meaning relatively modest increases in
discharge can produce disproportionately larger increases in water surface
elevation, velocity, and lateral floodplain expansion.
Standard engineering references recognize that floodplain boundaries and base
flood elevations are highly sensitive to changes in peak flow and channel
conveyance characteristics (see V.T. Chow, D.R. Maidment & L.W. Mays,
Applied Hydrology, McGraw-Hill; U.S. Army Corps of Engineers, HEC-RAS
Hydraulic Reference Manual; FEMA, Floodplain Management Requirements: A
Study Guide and Desk Reference). This sensitivity is precisely why many
jurisdictions require zero net increase in 100-year peak discharge for new
development.
Toll Brothers provides no downstream hydraulic modeling to demonstrate that its
projected increased in flow is harmless. The Town cannot responsibly approve a
rezoning based on a study that admits increased peak flow while offering no
evidence that the increase will not harm adjacent properties or public
infrastructure.
2. Toll Brothers Seeks to Shift Flood Risk to the Public
Rather than mitigating the increased runoff, Toll Brothers proposes to discharge
the additional flow directly into Ashbrook Wash - effectively transferring the
hydrologic burden to the public drainage system and downstream residents.
This approach is unacceptable given:
e The parcel’s immediate adjacency to Zone AE
e The outdated 2013 FEMA panel (see below)
e Post-Atlas 14 rainfall intensity increases (see below)
e The August 2022 and other recent extreme storm events
e The absence of any downstream capacity or dam impact analysis
Allowing increased discharge here would lower the Town’s flood protection
standard and create a dangerous precedent for future development.
Before any zoning change is considered, the Town must require:
e Zero net increase in 100-year peak discharge at the wash
e A downstream hydraulic analysis, including impacts to Dam #6
e Verification that channel capacity and freeboard remain intact
e Independent peer review of all hydrologic and hydraulic modeling
Without these protections, the project simply shifts risk from Toll Brothers to the
public.
3. Toll Brothers Relies on Outdated Flood Modeling
The effective FEMA panel date is 2013. Since that time:
e NOAA Atlas 14 rainfall estimates have materially increased projected
storm intensities for Arizona.
e The region has experienced several extreme, 100+ year flood storm
events.
e Sedimentation, channel migration, and upstream development have
altered watershed conditions.
There is no evidence that Toll Brothers’ “Preliminary Drainage Analysis”
incorporates updated rainfall frequency curves, post-2022 storm observations, or
current watershed conditions. Reliance on a 2013 map does not constitute a
contemporary flood risk evaluation.
4. Toll Brothers Ignores the Parcel’s Immediate Proximity to Zone AE
The parcel sits directly adjacent to the Zone AE boundary. In desert systems,
floodwaters routinely expand laterally during extreme events. Small increases in
discharge or reductions in channel capacity can cause significant outward
spread. Properties just outside AE boundaries are often the first to experience
overbank flow when channel capacity is exceeded.
Indeed, neighbors have personally experienced this lateral spread of water
during extreme storm events (see attached photos).
Any increase in discharge or reduction in channel capacity can push floodwaters
outward—directly toward existing homes.
5. Toll Brothers Has Conducted No Dam Impact or Downstream Risk
Assessment
To date, Toll Brothers has presented no analysis evaluating:
e Whether increased runoff will affect downstream capacity of Ashbrook
Wash
e Whether additional peak flows could impact the Fountain Hills dam system
and Dam #6 in particular
e Whether retention design would fully mitigate cumulative watershed
impacts
e Whether channel erosion or migration risk increases downstream
Any project that increases discharge into a defined wash system must include a
rigorous downstream hydraulic analysis. Toll Brothers has presented no such
comprehensive evaluation to the public.
6. Cumulative and Public Safety Implications
Flood risk is not confined to the subject parcel. Increased flow volumes affect:
e Downstream property owners
e Roadway crossings
e Emergency access routes
e Public infrastructure
e Erosion stability of wash banks
The Town has an obligation to assess cumulative watershed impacts, not merely
lot-by-lot compliance. After recently expending public funds to strengthen
downstream infrastructure along Ashbrook Wash, the Town should not authorize
upstream development that increases peak discharge without a comprehensive
analysis confirming that those public investments will not be undermined.
Conclusion.
Toll Brothers admits that this development will increase 100-year stormwater
discharge into Ashbrook Wash. At the same time, Toll Brothers characterizes
the increase as negligible and urges the Town to proceed with rezoning.
The burden, however, is not on neighboring residents to prove harm. The burden
rests with the applicant to demonstrate — through competent, current, and
%
downstream-inclusive analysis — that the increased discharge will not adversely » iS
affect adjacent properties, public infrastructure, or the Ashbrook Wash system.
At a minimum, Toll Brothers should be required to provide:
e Updated hydrologic and hydraulic modeling using current rainfall data
e Acomprehensive downstream impact analysis, including potential effects
on Dam #6 and related infrastructure
e Verification that post-development conditions will not increase water
surface elevations, reduce freeboard, or expand flood extents
e Transparent, independently peer-reviewed flood risk documentation
Absent this information, rezoning would be premature and inconsistent with the
Town’s obligation to protect public safety and downstream property owners.
We respectfully urge the P&ZC and the Town Council to deny this rezoning
request unless and until a comprehensive, updated flood risk assessment
demonstrates no increased risk to neighboring properties, downstream
infrastructure, or the broader community.
Sincerely,
Signature Printed Name Address Phone Number | Date
wn biekte| Ann beexer | 15830N.- Edgles b02-220-Y6i7| 2-17-m&
Nes+ Dr.
Written Protest Regarding Toll Brothers Rezoning Application RZ25-000002 .
february _, 2026 se
To: Town of Fountain Hills Clerk, Beverly Bender
Town of Fountain Hills Mayor and Council Members
Town of Fountain Hills Planning & Zoning Commission Members
Subject: Written Protest Regarding Toll Brothers’ Application (RZ25-000002) to
Rezone North Aspen Property (APN: 176-21-181)
As a resident and property owner in the Aspen Drive neighborhood of Fountain Hills,
| am writing to formally oppose Toll Brothers Inc’s application (RZ26-000002) to
rezone the 19-acre parcel located at 15680 North Aspen Drive in Fountain Hills,
Arizona.
The property is currently zoned R1-35 for residential development, allowing for six to
eight homes per five acres — thus authorizing approximately 10 to 13 homes to be
built on the subject eight-acre parcel. Toll Brothers seeks to reduce lot sizes by 71%
in order to construct 29 homes on these eight acres, a material and incompatible
increase in density.
Toll Brothers’ application presents substantial defects and well-founded concerns,
including among other things:
Threats to public health and safety;
Excessive density and resulting traffic impacts;
Increased flood risk and adverse stormwater effects;
Harm to native wildlife and established wildlife corridors;
Degradation of neighborhood character and aesthetics;
Inconsistency with the Town’s General Plan;
Interference with Fountain Hills’ Dark Sky protections; and
Inadequate citizen engagement.
To date, Toll Brothers has made only superficial and cosmetic efforts to evaluate the
significant impacts associated with this proposal. The few studies it has filed are
materially deficient and do not provide the rigorous, data-driven analysis necessary
to meaningfully assess the significant risks this proposal presents.
At a minimum, the Town should require Toll Brothers to conduct rigorous studies
and provide objective, data-driven analyses regarding traffic impacts, first
responder impacts, drainage and floodplain impacts, wildlife impacts, Dark Skies
impacts, and neighborhood and General Plan compatibility. The Town also should
1
require Toll Brothers to submit a revised Citizen Engagement Plan that meets the
Town’s requirements — one Open House falls far short of “meaningful” engagement
with neighbors and does not satisfy the Town’s requirement for ongoing dialogue
between the developer and the neighbors.
The Town should not permit an application of this magnitude — and with such
substantial consequences — to proceed on Toll Brothers’ conclusory and
insufficient analyses and inadequate neighborhood involvement.
Please deny Application RZ25-000002.
Respectfully,
Signature: See A Ha ch CA»
Printed Name:
Date:
Address:
Phone Number:
require Toll Brothers to submit a revised Citizen Engagement Plan that meets the
Town’s requirements — one Open House falls far short of “meaningful” engagement
with neighbors and does not satisfy the Town’s requirement for ongoing dialogue
between the developer and the neighbors.
The Town should not permit an application of this magnitude — and with such
substantial consequences — to proceed on Toll Brothers’ conclusory and
insufficient analyses and inadequate neighborhood involvement.
Please deny Application RZ25-000002.
Respectfully,
Signature: Sas bd haw
Printed Name: Susan WW, km
Date: 2 2 lo [a
Address: [DSOQ4 N. Eaales Nat Dr
fourntin dhils FS20y
G23-6X7 -o%ol
Phone Number:
require Toll Brothers to submit a revised Citizen Engagement Plan that meets the
Town’s requirements — one Open House falls far short of “meaningful” engagement
with neighbors and does not satisfy the Town’s requirement for ongoing dialogue
between the developer and the neighbors.
The Town should not permit an application of this magnitude — and with such
substantial consequences — to proceed on Toll Brothers’ conclusory and
insufficient analyses and inadequate neighborhood involvement.
Please deny Application RZ25-000002.
Respectfully,
. Ht e2—
Printed Name: Mott Wi Ic
peter ATA
Address: (S v2 Y N \ Eales Yat NY
Touttwin Walls AZ BIER
Phone Number: 23 ~G OW Lax |
require Toll Brothers to submit a revised Citizen Engagement Plan that meets the
Town’s requirements — one Open House falls far short of “meaningful” engagement
with neighbors and does not satisfy the Town’s requirement for ongoing dialogue
between the developer and the neighbors. i a
The Town should not permit an application of this magnitude — and with such
substantial consequences — to proceed on Toll Brothers’ conclusory and
insufficient analyses and inadequate neighborhood involvement.
Please deny Application RZ25-000002.
Respectfully,
_—
Signature: /ob0 Freé nicks
—
Printed Name: /e00 Frediclekeol—
Date: 2 2&—2d2e
Address: 77407 N Ef farble bun
fouwtard thus , fe 86268
Y/90200-1S.
Phone Number:
require Toll Brothers to submit a revised Citizen Engagement Plan that meetsthe *°
Town’s requirements — one Open House falls far short of “meaningful” engagement ; i
with neighbors and does not satisfy the Town’s requirement for ongoing dialogue F
between the developer and the neighbors.
te
The Town should not permit an application of this magnitude — and with such
substantial consequences — to proceed on Toll Brothers’ conclusory and
insufficient analyses and inadequate neighborhood involvement.
Please deny Application RZ26-000002.
Respectfully,
Signature: ‘ iC fi fv
Printed Name: Enanh A rite
Date: 2 a \ LG
Address: [5222 E€ Que Draw PL
PH At 85268
Phone Number: UBo B37 {527
require Toll Brothers to submit a revised Citizen Engagement Plan that meets the
Town’s requirements ~ one Open House falls far short of “meaningful” engagement -.
with neighbors and does not Satisfy the Town’s requirement for ongoing dialogue ms
between the developer and the neighbors.
The Town should not permit an application of this magnitude — and with such
substantial consequences — to proceed on Toll Brothers’ conclusory and
insufficient analyses and inadequate neighborhood involvement.
Please deny Application RZ26-000002.,
Respectfully,
Signature: i V7
\
Printed Name:
Address: )SA3p/ a watt | ane
Suk.
Phone Number: LM J4te- nA