Z2024045handoutpublish

DATE:  
July 10, 2025 
 
TO: 
 Planning & Zoning Commission   
 
From: 
 Daniel Johnson, Planner  
 
SUBJECT: 
 Z2024045 – Cave Creek Equine 
 
 Agenda Item: #5 
 
 
 
This memo revises staff’s recommendation for Approval of Z2024045 subject to  conditions ‘a’ – 
‘k’ – with revised language to condition ‘e’ and addition of condition ‘k’. 
 
The subject Z2024045 expands the equine hospital land use and seeks to add an additional, 
complimentary land use of a polo facility.  The Carefree Highway Scenic Corridor (CHSC) 
specifically calls out equestrian-related land uses such as riding and boarding stables and equine 
veterinary clinics as appropriate land uses for the scenic corridor. 
 
The Z2024045 staff report does not accurately reflect the site’s special use permit (SUP) history.  
The SUP was approved by the Board of Supervisors (BOS) on April 7, 1999 per case Z 98-18 for a 
30-year period. It was subsequently amended via Z2013035 and Z2014085. The latter was 
approved by the BOS on April 8, 2015 and removed condition related to an SUP expiration / validity 
period. At this time, the approved SUP for an equine hospital (Z 98-18 as amended through 
Z2014085) is a permanent entitlement. 
 
The current SUP is not subject to an expiration. There is no reason to have an expiration date for 
the equine hospital. However, the Commission may wish to consider whether the addition of the 
new land use, polo facility, necessitates reincorporating an SUP expiration date. Staff’s 
recommendation includes revised condition ‘e’: 
 
e. This Special use permit is valid for a period of 30 years and shall expire on July 23, 
2055 or upon termination of the use for a period of 90 or more days, whichever 
occurs first. All site improvements associated with the special use permit shall be 
removed within 90 days of such expiration or termination of use. If any component 
of the Special Use Permit is deemed to no longer be appropriate for the site as the 
site conditions or surrounding land uses have changed, the Special Use Permit may 
be considered for modification or revocation by the Board of Supervisors with 
recommendation from the Planning and Zoning Commission pursuant to Article 
304.3 of the Maricopa County Zoning Ordinance. 
 
Additionally, the Town of Cave Creek’s Utility Director requested County memorialize the Town’s 
position that the SUP prohibit use of Town-supplied potable water on the polo grounds. The 
applicant agrees; therefore, staff’s recommendation includes an added condition ‘k’:

k. The property owner shall not rely upon potable water supplied by the Town of Cave 
Creek for any of the expanded special uses including the polo field/s. 
 
 
 
Attachments: 
Applicant confirmation of Town water stipulation request (1 page) 
 
 
 
Applicant request for clarification of permanent entitlement stipulation (1 page) 
 
 
Z2014085 approval memo (modification of conditions Z98-18) (2  pages)  
 
 
Town of Cave Creek memo and exhibits of Town water supply (10 pages)

1
Daniel Johnson (PND)
From:
Michele Van Quathem <mvq@mvqlaw.com>
Sent:
Wednesday, July 9, 2025 4:00 PM
To:
Wendy Riddell; Darren Gerard (PND); Sarah Sawyer; Elyse DiMartino
Cc:
Daniel Johnson (PND); Tom Ellsworth (PND); Bob Fedorka (PND); Jesse Gutierrez (DOT)
Subject:
RE: County Planning Public Notification Case Z2024045
 
This Message Is From an Untrusted Sender  
You have not previously corresponded with this sender. Please use caution when you receive messages from new senders. 
Always validate the sender first.  
 
Yes, thank you, Wendy.  I do not need to speak to this item tomorrow (I am signed up for the GoToWebinar on the 
agenda item just in case), so no need to remove this item from the consent calendar on my behalf. I will be 
available for questions if there are any. 
 
Michele Van Quathem 
(602) 357-7586 
 
From: Wendy Riddell <wr@berryriddell.com>  
Sent: Wednesday, July 9, 2025 3:58 PM 
To: Darren Gerard (PND) <Darren.Gerard@Maricopa.Gov>; Sarah Sawyer <ss@berryriddell.com>; Elyse DiMartino 
<ed@berryriddell.com> 
Cc: Daniel Johnson (PND) <Daniel.Johnson@Maricopa.Gov>; Tom Ellsworth (PND) <Tom.Ellsworth@maricopa.gov>; Bob 
Fedorka (PND) <Bob.Fedorka@Maricopa.Gov>; Jesse Gutierrez (DOT) <Jesse.Gutierrez@maricopa.gov>; Michele Van 
Quathem <mvq@mvqlaw.com> 
Subject: RE: County Planning Public Notification Case Z2024045 
 
All – I have just chatted with Michelle Van Quathem (Town’s Water Counsel and copied 
herein) would prefer that the stipulation state: 
 
“The applicant shall not rely upon the Town-supplied potable water for any of the 
expanded uses described in the application, including the polo field.” 
 
Best,  
 
Wendy R. Riddell, Esq. 
BERRY RIDDELL LLC 
6750 E. Camelback Road, Suite 100 
Scottsdale, Arizona  85251 
480-682-3902 direct 
602-616-8771 cell 
480-385-2757 fax 
wr@berryriddell.com | www.berryriddell.com

1
Daniel Johnson (PND)
From:
Wendy Riddell <wr@berryriddell.com>
Sent:
Tuesday, July 8, 2025 3:55 PM
To:
Darren Gerard (PND); Sarah Sawyer
Cc:
Tom Ellsworth (PND); Rachel Applegate (PND); Ronald Quarles (PND); Daniel Johnson (PND); Jamie 
Blakeman
Subject:
RE: Cave Creek Equine
This Message Is From an External Sender  
This message came from outside your organization. Please use caution when corresponding outside the county.  
 
Hi Darren –  
 
Thank you for the call this morning.  My traffic engineer is visiting with MCDOT regarding 
the request for a right turn lane.  While it appears it exists without proper striping today, I 
am also being told that it is not required based upon the warrants.  We will let you know 
what we hear from MCDOT.  As you and I discussed, we do not plan to pave 14th Street as 
there will be a very low volume of traffic here.   
 
We would also request that Stipulation e (the SUP will expire after 30 years) be removed 
from the case.  Should there prove to be an issue with the use, I believe that the County 
always has the right to bring the case back to the Planning Commission for review, 
modification or revocation pursuant to Article 304.3, or of course pursue a Code 
Compliance Case against a property owner.   
 
If required, we could replace Stipulation e with something such as the following: 
 
“If the Special Use Permit is deemed to no longer be appropriate for the Site as the site 
conditions have changed, the Special Use Permit may be considered for modification or 
revocation by the Planning Commission and Board of Supervisors pursuant to Article 
304.3.” 
 
I am also waiting to confirm the that the “water” stipulation is okay.  I hope to have that 
confirmation yet tonight.   
 
Best,  
 
Wendy R. Riddell, Esq. 
BERRY RIDDELL LLC

1
Daniel Johnson (PND)
From:
Shawn Kreuzwiesner <skreuzwiesner@cavecreekaz.gov>
Sent:
Monday, July 7, 2025 4:02 PM
To:
Daniel Johnson (PND)
Subject:
County Planning Public Notification Case Z2024045
Attachments:
Exhibt B - Date Log May 2025.pdf; Exhibt D- 2015 Water Service  Agreement.pdf; 07_07_2025-- Letter 
to Equine Center - Final.pdf; Exhbit C  - New Turf field site photos.pdf; Exhibit A - Summary of Water 
usage 2015-2025.pdf
This Message Is From an External Sender  
This message came from outside your organization. Please use caution when corresponding outside the county.  
 
Daniel 
 
I plan to aend the County P&Z meeng this week regarding the SUP for the Cave Creek Equine center – Case 
Z2024045.    
 
A*er we sent a leer to their aorney last year about not using Town water to irrigate their turf field, just last month 
they had a problem with their well and used 790,000 gallons of Town water supplies for irrigaon. The water was used 
in just a 16-day period and is equal to the average monthly water needs for 75 homes in the Desert Hills area. 
  
To ensure that the Town’s posion is adequately memorialized, the Town is requesng that Maricopa County add a 
condion to the facility’s new special use permit to prohibit use of Town-supplied potable water on the expanded 
facilies that were not included in the 2014 special use permit. 
 
Aached is the leer with exhibits that we just sent to the equine center. Are you able to share the leer and exhibits 
with the P&Z Commissioners?   
 
Regards, Shawn   
 
 
Shawn V. Kreuzwiesner, P.E. 
Ulies Director 
Town of Cave Creek 
37622 N. Cave Creek Road 
Cave Creek, AZ 85331 
Office: 480.488.6618 
skreuzwiesner@cavecreekaz.gov 
Web: www.cavecreekaz.gov

37622 NORTH CAVE CREEK ROAD  CAVE CREEK, ARIZONA 85331 
Main Phone: (480) 488-1400  Main Fax: (480) 488-2263  CaveCreekAZ.gov 
 
July 7, 2025 
 
Vidal Equine LLC 
Attn:  Office Manager 
34705 N. 14th St. 
Phoenix, AZ  85086 
belinda@cavecreekequine.com 
billing@cavecreekequine.com 
 
Re:  
Cave Creek Equine Sprots Medicine & Surgery Water Supply 
Service Address 34705 N 14th Street, Pheonix AZ  85086 
Water Account 2.00722.02 
 
To whom this may concern, 
 
The Vadla Equine Center has been a Desert Hills water customer since April 2015. Prior to 2023 the 
average monthly water use had been around 20,000 gallons. Starting in August 2023, the Town 
noticed a significant increase in the water use, with a single month peak of 963,296 gallons in 
October 2023 – almost 50 times the normal monthly water use.  
 
In 2023, the Town’s Utility billing staff reached out about this water use. We learned that this water 
was being used to irrigate the new grass field being built on the previously vacant parcel, located 
south of the original parcel with the existing Desert Hills water meter.  At this time, our staff were 
also informed of the Equine Centers plans to drill a private irrigation well to ensure the new turf field 
would not be irrigated with water from the Town’s meter. 
 
On June 3, 2024, the Town responded to your attorney about a notification that the Equine Center 
had submitted a Major Amendment to the Special Use Permit (SUP) to add the new turf field to the 
overall project. We objected to the use of the existing water meter to supply the turf field on the 
new parcel. This new parcel was not part of the original 2015 Water Service Agreement, which 
limited water use to domestic use on the original parcel. Also, irrigating a large turf area would be a 
new use for which the Town is not required to provide water.  
 
The declining groundwater table and loss of well production used to supply the Desert Hills water 
system forced the Town to determine in December 2021 that we had to end expansion of water 
services in the Desert Hills area.   This was done to protect existing water users and any users with 
valid contractual or statutory obligations for service – the turf area is a new use with no contractual 
obligation for the Town to serve.  The Town is also facing a serious situation of potential Colorado 
River supply shortages in the upcoming months, which will further restrict the Town’s ability to help 
support the existing Desert Hills water customers.  
 
We have continued to monitor the water use by the Equine Center and noted that the private 
irrigation well (ADWR No 55-241079) was completed in September 2024.  While we did note higher 
water usage in the period between May to November 2024, we also saw a significant decline in 
December 2024, once the new irrigation well had been equipped. The Town understood this to 
mean that the expanded uses, especially the new outdoor uses that were already started, had been 
permanently disconnected from the Town’s domestic water system.

37622 NORTH CAVE CREEK ROAD  CAVE CREEK, ARIZONA 85331 
Main Phone: (480) 488-1400  Main Fax: (480) 488-2263  CaveCreekAZ.gov 
 
 
In June 2025, Town staff were shocked to see a monthly metered water use of the Equine Center of 
790,000 gallons.  When our staff collected the data log from the meter, we saw that almost all 
this use occurred during a 16-day period of May 12 to 27, 2025.  
 
The Town received no notification or request from the Equine Center of this extreme water use.  I 
personally reached out to the account contact person (Lisa) and the business owner (Mr. Martin 
Vidal). I was informed that there was a problem with the irrigation well and the Equine Center didn’t 
see any issue about switching to utilizing the Town’s existing water meter to supply the turf field.   
 
In our June 2004 letter to your Zoning attorney, it was clearly outlined that the Town would not 
agree to provide expanded water service for the new and expanded uses proposed in the facilities’ 
original special use permit application proposal, including the large grassy area already planted 
south of the existing building. 
 
As we discussed recently on the phone, I understand that there was a problem with the private well 
at the facility, and the facility chose on its own to use Town-supplied water to try to re-establish the 
grass.  This use violates the service agreement with the Town and all use of Town water for the 
expanded uses must stop immediately. If not stopped the Town will pursue additional remedies 
that could include water flow restrictors. We will also look into our options to cancel the water 
service and remove the existing water meter.    
 
To ensure that the Town’s position is adequately memorialized, the Town is requesting that 
Maricopa County add a condition to the facility’s new special use permit to prohibit use of Town-
supplied potable water on the expanded facilities that were not included in the 2014 special use 
permit. 
 
Please contact me at 480-488-6618 or skreuzwiesner@cavecreekaz.gov with future correspondence 
regarding this matter. 
 
Sincerely, 
 
Shawn Kreuzwiesner, P.E. 
Town of Cave Creek Utilities Director 
 
CC: 
Grady Miller, Cave Creek Town Manager 
 
Attachments: 
 
o 
Exbibit A - Summary of monthly water use 2015-2025 
o 
Exhibit B – Date Log May 2025 
o 
Exhibit C – New Turf Field site photos 
o 
Exhibit D – 2015 Water Service Agreement

2015
2016
2017
2018
2019
2020
2021
2022
2023
2024
2025
January
10,027
35,610
11,207
3,819
8,319
30,383
10,262
51,282
39,308
15,289
February
9,563
7,704
10,953
3,585
12,790
14,926
12,592
14,370
39,997
20,645
March
10,136
7,285
10,269
4,514
13,293
9,730
18,967
18,334
47,232
21,306
April
9,830
8,276
10,579
12,948
14,584
25,423
12,696
16,278
17,879
41,957
26,762
May
8,220
13,374
8,364
30,911
20,154
12,648
19,035
19,231
21,173
125,202
26,396
June
16,490
26,676
9,944
18,120
13,651
24,594
30,232
25,383
36,256
260,548
792,784
July
14,200
19,970
17,373
19,274
15,672
21,066
49,390
33,757
54,282
217,854
August
29,550
35,882
11,833
19,348
13,432
23,165
47,208
43,007
109,533
173,093
September
41,203
13,779
15,555
23,622
19,153
28,332
36,825
38,118
72,176
263,029
October
48,935
18,150
17,958
25,162
16,128
27,776
20,989
47,443
963,296
213,071
November
47,405
41,423
17,198
11,069
11,431
29,775
18,179
15,223
331,042
143,008
December
16,397
33,489
12,356
4,491
4,792
27,638
27,925
16,904
96,578
29,201
Annual Totals
232,230
240,745
171,759
197,374
140,915
254,819
317,518
297,165 1,786,201 1,593,500
903,182
Average Month
25,803
20,062
14,313
16,448
11,743
21,235
26,460
24,764
148,850
132,792
150,530
Aug-23 Property stated work on new grass polo fields on Parcel 211-52-074
2024 Water use was still high a property owner drilled and equipped new irrigation well 
Jun-25 Customer had an issue with their onsite well and used potable water with no notification to Cave Creek  
Water Use Summary 2015 to 2025
Vidal Equine Center, 34705 N 14th Street, APN 211-52-073E
Water Service started March 2015

37622 NORTH CAVE CREEK ROAD  CAVE CREEK, ARIZONA 85331 
Main Phone: (480) 488-1400  Main Fax: (480) 488-2263  CaveCreekAZ.gov 
 
 
Meter Data Logging Report 
March 12, 2025 to June 16, 2025 
 
VIDAL EQUINE LLC 
Water Account Number: 2.00722.02 
Service Address: 34705 N 14th Street 
Meter Size: 1-1/2 inch 
 
Below is a graphic of the Meter Data Logging report for the above referenced water account.  
• 
The Data Logging report covers a 96-day period. 
• 
There are separate reports for average daily use and average hourly use. 
• 
The detailed reports are available upon request.  
 
The Table below summarizes the average daily and average hourly flows for the period between 
March 12 and June 16, 2025. 
 
For the 16 day Period between May 12 to May 27, the Average Daily and Average Hourly water 
use was 50 times greater than the periods before and after.   
   
Date Range 
Average Daily Flow 
(gallons per day) 
Average Hourly Flow Rate 
(gallons per hour) 
March 12 to May 11 
837 gpd 
35 gph 
May 12 to May 27 
48,731 gpd 
2,031 gph 
May 28 to June 16 
1,110 gpd 
47 gph

South-East corner of APN 211-52-074 (looking northwest)
•
580-feet of trees and bushes along Carefree Highway
•
Site also has 230-feet of same landscape screening along 14th Street
South-East corner of APN 211-52-074 (looking northwest)
•
Landscape screening along Carefree highway 
•
2.8 acres of grass
APN 211-52-074 
Northwest corner of E. Carefree Hwy and 14th Street