10. DMP2023003 PZ Report
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DMP2023003
Page 1 of 10
Report to the Planning and Zoning Commission
Prepared by the Maricopa County Planning and Development Department
Case:
DMP2023003 - Desert Whisper Modification of Conditions
Hearing Date:
October 5, 2023
Supervisor District:
4
Applicant:
Lindsay Schube, Gammage & Burnham, PLC
Owner:
DB Desert Whisper Investments, LLC
Request:
DMP Modification of condition for elimination condition ‘c’ of the Desert
Whisper Development Master Plan (ref. #DMP2018006).
Site Location:
Generally located at the northwest corner of 363rd Ave. and Indian School
Rd. in the Tonopah area.
Site Size:
Approx. 960 acres
Density:
N/A
County Island:
No
County Plan:
The Desert Whisper Development Master Plan is approved as a mixed-use
master-planned community.
Municipal Plan:
N/A
Municipal Comments:
None received to date
Support/Opposition:
None known
Recommendation:
Approve with conditions
DMP2023003
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Project Summary:
1.
The owner’s agent, Lindsay Schube on behalf of Gammage and Burnham PLC, is requesting a
modification of conditions to the Desert Whisper Development Master Plan (DMP) to remove
condition ‘c’ as stated in prior approval DMP2018006. Condition ‘c’ states the following:
“The applicant shall submit a written report every five years from the date of Board of
Supervisors approval of DMP2013003 which details the status of this project, including
progress on obtaining necessary entitlements, licenses, and permits; compliance with the
conditions of approval; compliance with the approved narrative report; compliance with the
approved land use plan; and justification as to how the approved land use plan still represents
appropriate land use planning for the property and unincorporated Maricopa County in
accordance with the goals and policies in its comprehensive and applicable area plan. This
report shall be scheduled for public hearing by the Maricopa County Board of Supervisors
(Board), upon recommendation by the Maricopa County Planning and Zoning Commission
(Commission), to consider whether the planning justification for this DMP is still present, and
whether the land use designations associated with this DMP still represent appropriate and
better long-term land use planning in accordance with the goals and policies of the Maricopa
County Comprehensive Plan and applicable area plan. If the Board rescinds this DMP and
reverts the current land use designations back to Rural (0-1 du/ac), all entitlements associated
with this project that were conditional pursuant to the Maricopa County Zoning Ordinance may
also be considered by the Board, upon recommendation by the Commission, for reversion to
the prior entitlements. In such an event, the comprehensive plan land use map, area plan land
use map, and, as applicable, zoning map shall be altered to reflect Board action.”
2.
The Desert Whisper DMP was originally approved by the Board of Supervisors in 2006 under DWR-
06-00107 and 00109. Subsequently, several plats and rezones for the community have been
completed, most recently under S2020014 which combined several pre-existing plat approvals,
but no final plats or related infrastructure work have been done to this point.
3.
The applicant filed separately for a status report in compliance with condition ‘c’ under case
Z2023092. This status report would be considered administratively complete with the completion
of this DMP application. If this application is not approved within a year of the filing of the staff
report for Z2023092 (August 29, 2024), then the status report will be subject to approval of a vote
by the Board of Supervisors to be scheduled for the earliest possible hearing per the existing
condition ‘C’ as shown in DMP2018006.
4.
It should be noted that department policy has changed in the years since the last DMP approval.
The County no longer conditions to a 5-year status report as in condition ‘c’ of the subject DMP.
DMP2023003
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Land-use plan and zoning of the Desert Whisper DMP as of this report, outlined in red – all surrounding
areas are zoned Rural-43
Existing On-Site and Adjacent Zoning / Land Use:
5.
On-site:
R-4 RUPD, R1-6 RUPD, R1-7 RUPD, Rural-43, IND-1 IUPD, CO-PD, CS-PD /
Vacant natural desert
North:
Rural-43 / Vacant natural desert (Belmont DMP)
South:
Rural-43 / Vacant natural desert, scattered large lot residential
East:
Rural-43 / Vacant natural desert, scattered large lot residential
West:
Rural-43 / Vacant natural desert, scattered large lot residential
Utilities and Services:
6.
Water:
Water Utility of Greater Tonopah
Wastewater:
Global Water Resources
School District:
Saddle Mountain unified School District #90
Fire:
Tonopah Valley Fire District
Police:
Maricopa County Sheriff’s Office
DMP2023003
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Public Participation Summary:
7.
The applicant complied with the Maricopa County Citizen Review Process with notification by first
class mail to adjacent property owners and HOA’s within 300’ of the subject parcel and
notification to interested parties. Staff received a public participation results report in accordance
with County requirements. It should be noted that the County waived the requirement to post the
site as there are no site changes proposed with this submittal and it concerns what is an
administrative matter. Staff has not received any support or opposition to this proposal.
Outstanding Concerns from Reviewing Agencies:
8.
N/A
Staff Analysis:
9.
Staff feels it would be appropriate for the Board of Supervisors to eliminate this condition. The
DMP as approved represents proper land-use planning in contrast to the often-scattershot minor
lot development practices in the Tonopah area. The related parcels have been zoned to
accommodate planned land uses within the DMP area and a preliminary plat for the overall site
has been approved. Finally, the County no longer utilizes a condition like condition ‘c’ for DMP and
CPA cases.
Recommendation:
10.
Staff recommends the Commission adopt a motion recommending that the Board of Supervisors
approve DMP2023003 to remove condition ‘c’. Shown below are all conditions relabeled:
a.
Development shall comply with the Development Master Plan document entitled “Desert
Whisper Development Master Plan”, a bound document, dated January 30, 2008 and
stamped received April 28, 2008, including all exhibits, maps, and appendices, except as
modified by the following stipulations.
b.
Changes to the Desert Whisper Development Master Plan with regard to use and intensity,
or changes to any of the stipulations approved by the Maricopa County Board of
Supervisors, shall be processed as a revised application with approval by the Board of
Supervisors upon recommendation by the Maricopa County Planning and Zoning
Commission. Revised applications shall be in accordance with the applicable
Development Master Plan Guidelines, subdivision regulations, and zoning ordinance in
effect at the time of application(s) submission. The Maricopa County Planning and
Development Department may approve minor changes administratively as outlined in the
Maricopa County Development Master Plan Guidelines in effect at the time of
amendment. Non-compliance with the approved Desert Whisper Development Master
Plan narrative report, maps, and exhibits, or the stipulations of approval will be treated as
a violation in accordance with the provisions of the Maricopa County Zoning Ordinance.
c.
Prior to approval of any zone change, the master developer shall enter into a development
agreement with Maricopa County. Further, prior to approval of any zone change this
development agreement shall be signed by both the master developer and the designated
Maricopa County representative(s), approved by the Board of Supervisors and provided to
the Maricopa County Planning and Development Department for public record.
DMP2023003
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d.
The master developer shall be responsible for the construction of all public and private
on-site roads within the Desert Whisper Development Master Plan. Further, the Desert
Whisper homeowners association shall be responsible for the maintenance and upkeep
of all private roads, public open spaces and facilities, washes, parks, roadway median
landscaping, landscaping with public rights-of-way, and all pedestrian, bicycle, and multi-
use paths.
e.
Prior to approval of each final plat, the master developer shall submit to the Maricopa
County Planning and Development Department a landscape inventory and salvage plan
which identifies and assesses the native vegetation within the development parcels, and
which determines the preservation/disposition for each of the selected native vegetation.
f.
Landscaping of all common areas and open spaces, except for identified recreational
areas, within Desert Whisper shall consist of indigenous and near-native plant species of
a xeriphytic nature.
g.
All irrigation water supplied for common/open space areas and/or lakes over ten (10)
acres in size shall be provided entirely by a renewable supply of water, such as treated
effluent, surface water, or Central Arizona Project (CAP) water, within five (5) years after
issuance of the first building permit. Interim water for the purposes noted may be supplied
by groundwater and shall comply with all Arizona Department of Water Resources
regulations. Proof of conversion from groundwater to a renewable water supply shall be
provided to the Maricopa County Planning and Development Department within the five
year requirement.
h.
The Desert Whisper Development Master Plan shall be developed sequentially as depicted
on the phasing diagram contained in the Desert Whisper Development Master Plan
narrative report.
i.
The total number of residential dwelling units for the Desert Whisper Development Master
Plan shall not exceed 2,943 dwelling units. To help ensure compliance, the cumulative
number of dwelling units completed to date, in relation to the identified limit, shall be
identified on all plats.
j.
The master developer shall notify all future Desert Whisper Development Master Plan
residents that they are not located within an incorporated city or town, and therefore will
not be represented by, or be able to petition a citizen-elected municipal government.
Notification shall also state that residents will not have access to municipally-managed
services such as police, fire, parks, water, wastewater, libraries, and refuse collection.
Such notice shall be included on all final plats, be permanently posted on the front door of
all home sales offices on not less than an 8-½ by 11 inch sign, and be included in all
homeowner association covenants, conditions, and restrictions (CC&Rs).
k.
All park facilities shall be completed concurrently with residential development of the
respective plat on which the park is shown. Park facilities and amenities shall be identified
on all applicable plats, and are subject to review by the Maricopa County Planning and
Development Department.
l.
Not less than 36 acres shall be reserved for Recreational Open Space (ROS) land use.
Further, the project shall have not less than two (2) park sites as depicted on the land use
plan. Further, not less than thirteen (13) pocket parks at least one (1) acre size each shall
DMP2023003
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be provided. All parks shall include recreational amenities. At the time of each preliminary
plat submission, the master developer shall include a description of the status of the
cumulative ROS acreage and park numbers with respect to the requirements of this
stipulation. A description of the types of recreational amenities that will be included in the
ROS and mini-park areas shall also be submitted with all preliminary plats to the Maricopa
County Planning and Development Department.
m.
Unless otherwise agreed to in writing by the applicable school districts, not less than one
(1) school site and a minimum of 17 acres shall be reserved for a school at the site
identified on the Desert Whisper land use plan. Said school shall not front on to arterial
streets.
n.
The master developer shall provide major multi-use trails and minor pathways/trail
connections as depicted on Figure 12 of the Desert Whisper Development Master Plan.
Such trails and minor pathways/trail connections shall be identified on all plats and are
subject to approval by Maricopa County.
o.
Prior to approval of the first preliminary plat or first Approval to Construct (whichever
comes first), Final Water and Sewer Master Plans must be submitted, under application
and fee, for the onsite water and sewer infrastructure to MCESD for approval. Approval of
these final master plans will be required before any Final Plats will be approved by MCESD.
p.
The property owner and their successors waive claim for diminution in value if the County
takes action to rescind approval of this Development Master Plan due to noncompliance
with any of the approved stipulations.
q.
The following Maricopa County Drainage Review stipulations shall apply:
1.
All development and engineering design shall be in conformance with the Drainage
Regulation and current engineering policies, standards and best practices at the
time of application for construction. No variance from the Drainage Regulations or
drainage engineering design standards is granted or entitled under this DMP.
2.
Drainage review of planning, zoning and/or Development Master Plan 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 Drainage
Regulation and design policies and standards. Modeling submitted with this DMP
is for conceptual level analysis only. All plats shall be submitted with appropriate
and detailed model to reflect the existing and proposed development conditions.
3.
Hydrology analysis for this development is dependent on the conditions of
upstream area around Central Arizona Project. All flow data from this study will
not be approved until FEMA approves the condition around the Central Arizona
Project. Hydrology analysis will need to be re-done if FEMA approval is not granted.
r.
The following Maricopa County Department of Transportation stipulations shall apply:
1.
The Applicant/Developer shall provide a Traffic Impact Study (TIS). The TIS shall
comply with MCDOT requirements and shall address development phasing and
the offsite improvements necessary to accommodate the anticipated traffic
demands. The TIS must be approved before subsequent approval of any roadway
DMP2023003
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improvement plans. The TIS shall be updated prior to the first final plat approval
and with each development phase to reflect current conditions and any changes
to the development plan. Additional lane capacity on offsite alignments will be
reviewed with each resubmittal of the TIS. The project must comply with all
recommendations in the MCDOT-approved TIS. The Applicant must provide an
updated TIS prior to rezoning.
2.
The Developer shall make a contribution to regional transportation infrastructure.
The contribution shall be $3,281.00 per residential dwelling unit. The Developer
may choose to construct off-site street improvements in lieu of payment of this
contribution. Such off-site street improvements must be “system roadways,” must
be all-weather facilities, must meet county standards in effect at the time they are
improved, and must be pre-approved by MCDOT. MCDOT may require a
Development Agreement to detail the specifics of construction, including phasing
and timing. If the Developer chooses not to construct off-site regional roadway
improvements, the Developer shall pay the contribution amount at the time
individual building permits are issued, or per an alternate agreement as approved
by MCDOT.
3.
If required per item 2 above, a Development Agreement shall be executed prior to
any zoning approval. The Development Agreement shall be an enforceable
contract, regardless of annexation.
4.
The Applicant/Developer shall provide the ultimate full or half-width of right-of way
for all public roadways as follows:
i.
Bethany Home Road: 65 feet (entire north boundary of project.)
ii.
Camelback
Road:
70
feet
and
140
feet
with
30
feet
of
landscape/roadway/utility easement on each side.
iii.
Indian School Road: 65 Feet.
iv.
371st Avenue: 65 Feet.
v.
363rd Avenue: 65 Feet
5.
The above references interior and perimeter roads. (The project boundary is the
centerline of all perimeter roadways and/or roadway alignments.) Full-width right-
of-way shall be provided where the entire roadway is within the development
(interior roadways). Half-width right-of-way shall be provided where “half” of the
roadway is within the development (perimeter roadways).
6.
At intersections where future dual left turn lanes are possible, right-of-way shall be
increased at the intersection to 150-feet for arterials and 220-feet for parkways.
This widened right-of way section shall accommodate dual left turn lengths
(including reverse curves.)
7.
The Developer shall be responsible for design and construction of the ultimate full-
width of all interior roadways, and the ultimate half-width of all perimeter
DMP2023003
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roadways, unless approved otherwise by MCDOT. A portion of these
improvements may be creditable to the Developer’s contribution referred to in item
2. All roadways must meet county standards in effect at the time they are
improved. Half-width roadways must be designed so as to safely carry two-way
traffic until the ultimate roadway is constructed.
8.
The Developer is responsible for assuring paved access to their site at the time of
the first final plat. Improvements necessary to provide paved access may or may
not be creditable to the Developer’s contribution referred to in item 2.
9.
The Developer shall provide all-weather access to all parcels and lots, including an
all weather access from I-10.
10.
The Developer shall provide and make available a minimum of two access points
to each development phase and/or subdivision unit.
11.
The Developer shall not locate elementary or middle schools on arterial roads.
12.
The Developer shall design the development to promote pedestrian, bicycle and
other alternative modes of transportation to public facilities within and adjacent to
the site (i.e., bus bays, electric vehicles, shared accommodations, internal trail
systems, etc.)
13.
If streetlights are provided, installation shall be provided by the Developer. If
streetlights are within public rights-of-way, a Street Light Improvement District
(SLID) or comparable authority shall be established to provide operation and
maintenance. The Developer should contact the Office of the Superintendent of
Streets (602-506-8797) to initiate the SLID process.
14.
The Developer shall design landscaping to comply with all MCDOT requirements
and to conform to Chapter 9 of the MCDOT Roadway Design Manual. The
Developer (or as assigned to the Home Owner’s Association (HOA)) shall be
responsible for maintenance of landscaping within public rights-of-way.
15.
The Developer shall provide a construction traffic circulation plan. The
construction traffic circulation plan must be approved by MCDOT.
16.
The Developer shall comply with all applicable local, state and federal
requirements. (Dust control, noise mitigation, AZPDES, 404 permitting, etc.)
s.
The following Flood Control District of Maricopa County stipulation shall apply:
1.
Prior to approval of any development in the Palo Verde Zone “A“ delineation
floodplains through the DMP limits, a detailed floodplain study must be completed
and submitted to the Flood Control District for approval. The study will then be
submitted to the Federal Emergency Management Agency for the Conditional
Letter of Map Revision (CLOMR)/Letter of Map Revision (LOMR) process.
t.
The following Maricopa County Department of Emergency Management stipulation shall
apply:
DMP2023003
Page 9 of 10
1.
Any areas not covered by the existing Outdoor Warning Siren System used to alert
residents within the 10-mile Emergency Planning Zone of the Palo Verde Nuclear
Generating Station in time of emergency shall be required to include additional
sirens, at the developer’s cost, in order to provide adequate warning for the
residents of that development, using technical information concerning the siren
system obtained from the Emergency Planning Department at the Palo Verde
Nuclear Generating Station. In addition, adequate signage available from the Palo
Verde Nuclear Generating Station Emergency Planning Department shall be
required to be posted on the site to inform the public of the presence of a nuclear
generating station in the vicinity and outlining actions to take upon receiving
warning notification.
u.
The following Luke Air Force Base stipulation shall apply:
1.
The master developer shall notify future residents that they are located within the
vicinity of a military training route with the following notification: “You are buying
a home or property within the vicinity of a military training route, and may be
subject to direct overflights and noise by Luke Air Force Base and other military jet
aircraft in the vicinity. Luke Air Force Base executes over 200,000 flights per year,
at an average of approximately 170 over flights per day. Although Luke’s primary
flight paths are located within 20 miles from the base, jet noise will be apparent
throughout the area as aircraft transient to and from the Barry M. Goldwater
Gunnery Range, and other flight training areas. Luke Air Force Base may launch
and recover aircraft in either direction off its runways oriented to the southwest
and northeast. Noise will be more noticeable during overcast sky conditions due
to noise reflections off the clouds. Luke Air Force Base’s normal flying hours
extend from 7:00 A.M. until approximately midnight, Monday through Friday, but
some limited flying will occur outside these hours and during most weekends.”
Such notification shall be permanently posted in front of all home sales offices on
not less than a 3 foot by 5 foot sign, be permanently posted on the front door of all
home sales offices on not less that an 8½ inch by 11 inch sign, be included in all
covenants, conditions, and restrictions (CC&Rs) and be included in the public
report.
v.
Prior to any zoning change, the applicant shall submit to the Maricopa County Planning
and Development a “will serve” letter and an approved Certificate of Convenience and
Necessity (CC&N) from the Water Utility of Greater Tonopah which demonstrates a
willingness and capability to serve the entire Desert Whisper Development Master Plan.
w.
Prior to any zoning change, the applicant shall submit to the Maricopa County Planning
and Development Department a “will serve” letter and verification of approval of a
Maricopa Association of Governments (MAG 208) amendment from Balterra Sewer
Corporation which demonstrates a willingness and capability to serve the entire Desert
Whisper Development Master Plan.
x.
The Desert Whisper Development Master Plan is not a protected development right plan.
Presented by:
Joel Landis, Planner
Reviewed by:
Matthew Holm, AICP, Planning Supervisor
DMP2023003
Page 10 of 10
Attachments:
Case Map (1 page)
Application (2 pages)
Narrative Report (28 pages)
/
Maricopa County Planning & Development - Phoenix, AZ
4
Gross Acres: 961 approx.
Generated September 22, 2023 10:52 AM
DMP2023003
Application Name:
Legal Description
Desert Whisper
Applicant
Case Address
T02N R06W 014,
LINDSAY C SCHUBE for GAMMAGE & BURNHAM, PLC
Applicant Phone/Email
Parcel Primary:506-39-009A
602.256.4471
lschube@gblaw.com
Map scale 1:19,554
Supervisor District No.
DELETION OF STIPULATION "C" FROM DMP2018006 REGARDING FIVE-YEAR STATUS UPDATE
506-39-019; 506-39-020A +
Planning & Development Department
301 W. Jefferson St., Suite 170 Phoenix, Arizona 85003
P: 602.506.3301
Development Master Plan Amendment Application Packet
3/6/23
Development Master Plan
DMP Amendment
DMP Modification of Condition(s)
ALL FEES ARE DUE AT TIME OF APPLICATION AND ARE NON-REFUNDABLE
REQUEST
Project Name:
Description of Request:
Current Land Use:
Proposed Land Use:
Supervisor District:
PROPERTY INFORMATION
General Location (include nearest City/Town):
Gross Acres:
Legal Description:
Section:
Township:
Range:
Assessor’s Parcel Number/s:
OWNER’S AUTHORIZED AGENT INFORMATION
Name:
Contact:
Address:
City:
State:
Zip:
Phone #:
Fax#:
E-mail Address:
PROPERTY OWNER INFORMATION
Name:
Contact:
Address:
City:
State:
Zip:
Phone #:
Fax#:
E-mail Address:
PROPERTY OWNER AND OWNER’S AGENT AUTHORIZATION
I (property owner)
authorize (owner’s agent)
to file this application on all matters relating to this request with Maricopa County. By signing this form as the property owner I hereby agree to
abide by any and all conditions that may be assigned by the Maricopa County Board of Supervisors, Maricopa County Planning and Zoning
Commission, or Maricopa County Planning and Development Department staff as applicable, as part of any approval of this request, including
conditions, development agreements, and/or any other requirement that may encumber or otherwise affect the use of my property.
PROPOSITION 207 WAIVER – Signature required
The property owner acknowledges that the approval being sought by this application may cause a reduction in the existing rights to use,
divide, sell or possess the private property that is the subject of this application. The property owner further acknowledges that it is the
property owner who has requested the action sought by the filing of this application. Therefore, pursuant to A.R.S.§12-1132 through 1138, the
property owner does hereby waive any and all claims for diminution in value of the property with regard to any action taken by Maricopa
County as result of the filing of this application.
Property Owner Signature:
Date:
VERIFICATION OF APPLICATION INFORMATION – Signature required
I certify that the statements in this application and support material are true. Any approvals or permits granted by Maricopa County in reliance
upon the truthfulness of these statements may be revoked or rescinded.
Owner or Authorized Agent Signature:
Date:
CASE INACTIVITY
Cases which are not active within six (6) months will be considered inactive and closed by staff. A letter addressing the inactivity will be sent
to the owner’s authorized agent or property owner with notification of the case to be closed within thirty (30) days. To pursue entitlement after
the closing of the case, a new application and associated fees will need to be filed.
DMP, MAJOR AMENDMENT APPLICATION and MODIFICATION OF
CONDITION(S)
APPLICATION MUST BE COMPLETED IN FULL
x
Desert Whisper
Deletion of stipulation "c" from DMP2018006 regarding five-year status update
Vacant
Gammage & Bur nham, PLC
NWC of 363rd Avenue and Indian School Road and generally bounded by Bethany
Home Road to the north, Indian School Road to the south, 371st Avenue to the west and 363rd Avenue to the east.
+/- 960.87 gross acres
See attached.
14, 15, 23
2N
6W
Gammage & Burnham, PLC
Lindsay C. Schube
40 North Central Avenue, 20th Floor
Phoenix
Arizona
85004
(602) 256-4471
(602) 256-4475
lschube@gblaw.com
Approved DMP (DMP 2018006)
DB Desert Whisper Investments, LLC
Jack Fields, III
7150 East Camelback Road, #400
Scottsdale
Arizona
85251
(480) 315-2521
(480) 998-5442
jack@areadinc.com
5
July 27, 2023
DocuSign Envelope ID: D003F36E-DD41-4685-9DE4-F8822A787EF7
7/27/2023
506-39-009A; 506-39-009B; 506-39-019; 506-39-020A; 506-39-020B; 506-39-021A; 506-39-022A; 506-39-039A
Desert Whisper Legal Description
DocuSign Envelope ID: D003F36E-DD41-4685-9DE4-F8822A787EF7
Desert Whisper
DEVELOPMENT MASTER PLAN
DMP2018006 (approved November 28, 2018)
Stipulation Modification and Status Update Narrative
August 1, 2023
Owner Representative:
DB Desert Whisper Investments, LLC
Contact: Jack Fields, III
7150 E. Camelback Rd., Suite 400
Scottsdale, AZ 85251
(480) 998-5440
Applicant:
Gammage & Burnham, P.L.C.
Contact: Lindsay C. Schube
40 North Central Avenue, 20th Floor
Phoenix, AZ 85004
(602) 256-4471
Desert Whisper Stipulation Modification & Status Update August 1, 2023
Page 2
Desert Whisper Development Master Plan Overview
Desert Whisper is an approximately 960.87-acre master planned community located at the
northwest corner of 363rd Avenue and Indian School Road, and generally bounded by
Bethany Home Road to the north, Indian School Road to the south, 371st Avenue to the west,
and 363rd Avenue to the east (the “Property”). Desert Whisper is owned by DB Desert
Whisper Investments, LLC, a Delaware limited liability company (“Owner”).
A Development Master Plan for Desert Whisper was initially approved by the Maricopa
County Board of Supervisors (“BOS”) on December 20, 2006, with a subsequent amendment
by the BOS on June 18, 2008. A Stipulation Modification for Desert Whisper was
subsequently approved by the BOS on November 28, 2018, under application
DMP2018006, subject to 25 stipulations that govern the development of the Property
(“2018 DMP”). See Exhibit A for a copy of the 2018 DMP.
As a unified master plan, Desert Whisper continues to represent an opportunity for
Maricopa County to facilitate cohesive planning and development of this large property.
The Development Master Plan process is an extension of the County’s Comprehensive Plan
and, importantly, is intended to promote flexibility in the development of large tracts of
undeveloped land. Accordingly, the 2018 DMP and the accompanying stipulations of
approval establish the regulatory framework for a phased development process that
represents a long-term commitment by both the County and the Owner.
Stipulation “c” of the 2018 DMP requires that a written status report be filed every five
years with the Maricopa County Planning and Development Department and, upon
recommendation by the Maricopa County Planning and Zoning Commission (the “Planning
Commission”), presented to the BOS for review. In order to comply with this stipulation, a
current status report for Desert Whisper is attached hereto as Exhibit B (“2023 Status
Update”).
Stipulation Modification
In addition to the 2023 Status Update, this application includes a request to eliminate a
stipulation that was included as part of the 2018 DMP approval, as further discussed below.
The 2018 DMP included 25 individual stipulations that govern the development of the
Property. These stipulations are comprehensive in nature and ensure that future planning
and entitlement efforts take into consideration critical elements of planning such as
transportation infrastructure, utilities, parks and open space requirements, the appropriate
mix of land uses, environmental concerns, schools, and municipal services. This application
seeks to eliminate stipulation "c" of the 2018 DMP, which states:
Desert Whisper Stipulation Modification & Status Update August 1, 2023
Page 3
The applicant shall submit a written report every five years from the date of Board of
Supervisors approval of DMP2013003 which details the status of the project, including
progress on obtaining necessary entitlements, licenses, and permits; compliance with the
conditions of approval; compliance with the approved narrative report; compliance with the
approved land use plan; and justification as to how the approved land use plan still represents
appropriate land use planning for the property and unincorporated Maricopa County in
accordance with the goals and policies in its comprehensive and applicable area plan. This
report shall be scheduled for public hearing by the Maricopa County Board of Supervisors
(Board), upon recommendation by the Maricopa County Planning and Zoning Commission
(Commission), to consider whether the planning justification for this DMP is still present, and
whether the land use designations associated with this DMP still represent appropriate and
better long-term land use planning in accordance with the goals and policies of the Maricopa
County Comprehensive Plan and applicable area plan. If the Board rescinds this DMP and
reverts the current land use designations back to Rural (0-1 du/ac), all entitlements associated
with this project that were conditional pursuant to the Maricopa County Zoning Ordinance may
also be considered by the Board, upon recommendation by the Commission, for reversion to
the prior entitlements. In such an event, the comprehensive plan land use map, area plan land
use map, and as applicable, zoning map shall be altered to reflect the Board action.
In the time since the 2018 DMP was approved, the Owner obtained approval of a master
preliminary plat (case no. S2020014) for the overall Desert Whisper development. This
approval, which consolidated a number of phased preliminary plats that were previously
approved by the County, represents a meaningful step towards facilitating future
development on the Property. Given that the Property is already zoned to accommodate
the planned land uses within the 2018 DMP, and that a conceptual master subdivision has
now been approved, we believe that sufficient progress has been made to eliminate the
five-year status report stipulation. Further, it is no longer the County’s policy to stipulate a
five-year status update for Development Master Plans or Comprehensive Plan Amendments,
where there is typically an extended timeline for development progress as compared to
other types of entitlements. In light of the Property’s established zoning, the County’s
approval of the master preliminary plat, and changes in County policy, we believe that the
elimination of stipulation “c” is reasonable and warranted, and that the approved zoning
and associated development rights under the DMP can no longer be reverted.
The Owner will continue to make all necessary investments in the Property so that responsible
development can commence when adequate market and economic demands are present.
The Owner is confident that the approved DMP and associated land use plan are
appropriate for the future development of Desert Whisper and they look forward to
working with the County to obtain additional approvals and permits in the future.
EXHIBIT A
2018 DMP - DMP2018006
EXHIBIT B
2023 Status Update
Desert Whisper 2023 Status Update
DESERT WHISPER DMP
Status Update
August 1, 2023
Stipulation “c” of the 2018 DMP requires a written status report to be filed every five years
with the Maricopa County Planning and Development Department and, upon
recommendation by the Planning Commission, presented to the BOS for review. The status
report is required to include discussion regarding development progress, including:
1. Progress on obtaining necessary entitlements, licenses, and permits;
2. Compliance with the conditions of approval;
3. Compliance with the approved narrative report;
4. Compliance with the approved land use plan; and
5. Justification as to how the approved land use plan still represents appropriate land
use planning for the property and unincorporated Maricopa County in accordance
with the goals and policies in its comprehensive and applicable area plan.
The following provides a general overview of the Desert Whisper development plan as well
as the required status update.
Overview and History
Desert Whisper is an approximately 960.87-acre master planned community located at the
northwest corner of 363rd Avenue and Indian School Road and generally bounded by
Bethany Home Road to the north, Indian School Road to the south, 371st Avenue to the west,
and 363rd Avenue to the east (See Exhibit B-1). The ultimate buildout of Desert Whisper is
anticipated to occur in four phases (Desert Whisper Phases I–IV). An illustration of the
approved zoning for each phase is attached as Exhibit B-2.
The Development Master Plan for Desert Whisper was initially approved by the BOS on
December 20, 2006, with a subsequent amendment by the BOS on June 18, 2008, and
again on August 7, 2013. The 2018 DMP establishes the framework for a master planned
community that will offer a variety of housing products, employment and retail related uses,
and substantial open space throughout the community. The significant open space component
of Desert Whisper will consist of a large community park, connected through a series of
multi-use trails that meander throughout the community, and may also include recreational
amenities such as basketball courts, a swimming pool, soccer fields and gathering areas. At
buildout, Desert Whisper may include approximately 2,943 residential units, providing a
range of residential living opportunities. The residential areas are sensitively located among
Desert Whisper 2023 Status Update
a series of small pocket parks that will exist throughout the community. Desert Whisper also
includes accommodations for a school site and areas for infrastructure facilities, such as a
sewer lift station, wells, wastewater treatment plant and water holding tanks.
Development Progress
In the time since the approval of the 2018 DMP, no new infrastructure has been built and
construction has not commenced within Desert Whisper. However, the Owner has continued
to devote significant resources to Desert Whisper to ensure that the existing entitlements
remain in place so that future development of the Property may begin when economic and
market conditions allow. Specifically, since 2018, the Owner has filed and received
approval for a master preliminary plat for Desert Whisper, as illustrated below:
• December 10, 2020: The Planning Commission approved the master preliminary plat
for Desert Whisper Phases I, II, III, and IV (Case No. S2020014).
The master preliminary plat consolidated several previous preliminary plat approvals for
the respective development parcels. The master preliminary plat approval remains valid
through this December, and the Owner plans to request a one-year extension of the
approval later this fall. Development progress for Desert Whisper has been delayed due
to the global pandemic followed by the major shifts in the market. However, the Owner
remains optimistic and anticipates moving forward with development as soon as economic
and market conditions allow.
The attached status summary of all 2018 DMP stipulations demonstrates the Owner’s
continued compliance with the conditions of approval (See Exhibit B-3).
Pursuant to stipulation “w” of the 2018 DMP, the Owner intends to work with the stipulated
provider, the Water Utility of Greater Tonopah (now Global Water – Belmont Water
Company, Inc.), to obtain water for the property. Despite the prevalence of Arizona water
discussions in the news recently, the Owner believes Desert Whisper will be able to be
served by the stipulated provider as planned.
Ultimately, the 2018 DMP represents a long-term commitment by both the County and the
Owner for the responsible and unified planning and development of Desert Whisper. The
approved land use plan is as relevant today as it was when first originally approved in
2006. The Owner has made consistent and substantial financial investments in updating, and
will continue to actively monitor, the existing entitlements for Desert Whisper so that
development may begin when market and economic conditions allow for the physical
development of the Property.
Desert Whisper 2023 Status Update
EXHIBIT B-1
Desert Whisper Map
Desert Whisper 2023 Status Update
Desert Whisper 2023 Status Update
EXHIBIT B-2
Desert Whisper Zoning Map
Desert Whisper 2023 Status Update
Desert Whisper 2023 Status Update
EXHIBIT B-3
2018 DMP-006 Stipulation Summary
Page 1
Desert Whisper Development Master Plan (DMP2018006)
Stipulation Summary
Approved Stipulation
Status
a.
Development shall comply with the Development Master Plan document entitled "Desert Whisper
Development Master Plan", a bound document, dated January 30, 2008 and stamped received
April 28, 2008, including all exhibits, maps, and appendices, except as modified by the
following stipulations.
Noted; No action required at this time.
b.
Changes to the Desert Whisper Development Master Plan with regard to use and intensity, or
changes to any of the stipulations approved by the Maricopa County Board of Supervisors, shall
be processed as a revised application with approval by the Board of Supervisors upon
recommendation by the Maricopa County Planning and Zoning Commission. Revised applications
shall be in accordance with the applicable Development Master Plan Guidelines, subdivision
regulations, and zoning ordinance in effect at the time of application(s) submission. The Maricopa
County Planning and Development Department may approve minor changes administratively as
outlined in the Maricopa County Development Master Plan Guidelines in effect at the time of
amendment. Non-compliance with the approved Desert Whisper Development Master Plan
narrative report, maps, and exhibits, or the stipulations of approval will be treated as a violation
in accordance with the provisions of the Maricopa County Zoning Ordinance.
Noted; No action required at this time.
c.
The applicant shall submit a written report every five years from the date of Board of
Supervisors approval of DMP2013003 which details the status of this project, including progress
on obtaining necessary entitlements, licenses. and permits; compliance with the conditions of
approval; compliance with the approved narrative report; compliance with the approved land
use plan; and justification as to how the approved land use plan still represents appropriate
land use planning for the property and unincorporated Maricopa County in accordance with the
goals and policies in its comprehensive and applicable area plan. This report shall be scheduled
for public hearing by the Maricopa County Board of Supervisors (Board), upon recommendation
by the Maricopa County Planning and Zoning Commission (Commission). to consider whether the
planning justification for this DMP is still present, and whether the land use designations
associated with this DMP still represent appropriate and better long-term land use planning in
accordance with the goals and policies of the Maricopa County Comprehensive Plan and
applicable area plan. If the Board rescinds this DMP and reverts the current land use
designations back to Rural (0-1 du/ac), all entitlements associated with this project that were
conditional pursuant to the Maricopa County Zoning Ordinance may also be considered by the
Board, upon recommendation by the Commission, for reversion to the prior entitlements. In such
an event, the comprehensive plan land use map, area plan land use map, and, as applicable,
zoning map shall be altered to reflect Board action.
Subject of this written status report. The
Owner is processing a concurrent
stipulation
modification
request
to
eliminate the five-year status report
requirement
in
light
of
master
preliminary plat approval and a change
in County policy.
Page 2
Desert Whisper Development Master Plan (DMP2018006)
Stipulation Summary
Approved Stipulation
Status
d.
Prior to approval of any zone change, the master developer shall enter into a development
agreement with Maricopa County. Further, prior to approval of any zone change this
development agreement shall be signed by both the master developer and the designated
Maricopa County representative(s), approved by the Board of Supervisors and provided to the
Maricopa County Planning and Development Department for public record.
Noted; No action required at this time.
e.
The master developer shall be responsible for the construction of all public and private on-site
roads within the Desert Whisper Development Master Plan. Further, the Desert Whisper
homeowners association shall be responsible for the maintenance and upkeep of all private
roads, public open spaces and facilities, washes, parks, roadway median landscaping,
landscaping with public rights-of-way, and all pedestrian, bicycle, and multi-use paths.
Noted; No action required at this time.
f.
Prior to approval of each final plat, the master developer shall submit to the Maricopa County
Planning and Development Department a landscape inventory and salvage plan which identifies
and assesses the native vegetation within the development parcels, and which determines the
preservation/disposition for each of the selected native vegetation.
Noted; No action required at this time.
g.
Landscaping of all common areas and open spaces, except for identified recreational areas,
within Desert Whisper shall consist of indigenous and near-native plant species of a xerophytic
nature.
Noted; No action required at this time.
h.
All irrigation water supplied for common/open space areas and/or lakes over ten (10) acres in
size shall be provided entirely by a renewable supply of water, such as treated effluent, surface
water, or Central Arizona Project (CAP) water, within five (5) years after issuance of the first
building permit. Interim water for the purposes noted may be supplied by groundwater and
shall comply with all Arizona Department of Water Resources regulations. Proof of conversion
from groundwater to a renewable water supply shall be provided to the Maricopa County
Planning and Development Department within the five-year requirement.
Noted; No action required at this time.
i.
The Desert Whisper Development Master Plan shall be developed sequentially as depicted on
the phasing diagram contained in the Desert Whisper Development Master Plan narrative
report.
Noted; No action required at this time.
j.
The total number of residential dwelling units for the Desert Whisper Development Master Plan
shall not exceed 2,943 dwelling units. To help ensure compliance, the cumulative number of
dwelling units completed to date, in relation to the identified limit, shall be identified on all plats.
Noted; No action required at this time.
Page 3
Desert Whisper Development Master Plan (DMP2018006)
Stipulation Summary
Approved Stipulation
Status
k.
The master developer shall notify all future Desert Whisper Development Master Plan residents
that they are not located within an incorporated city or town, and therefore will not be
represented by, or be able to petition a citizen-elected municipal government. Notification shall
also state that residents will not have access to municipally-managed services such as police,
fire, parks, water, wastewater, libraries, and refuse collection. Such notice shall be included on
all final plats, be permanently posted on the front door of all home sales offices on not less than
an 8-% by 11 inch sign, and be included in all homeowner association covenants, conditions, and
restrictions (CC&Rs).
Noted; No action required at this time.
l.
All park facilities shall be completed concurrently with residential development of the respective
plat on which the park is shown. Park facilities and amenities shall be identified on all applicable
plats, and are subject to review by the Maricopa County Planning and Development
Department.
Noted; No action required at this time.
m.
Not less than 36 acres shall be reserved for Recreational Open Space (ROS) land use. Further,
the project shall have not less than two (2) park sites as depicted on the land use plan. Further,
not less than thirteen (13) pocket parks at least one ( 1 ) acre size each shall be provided. All
parks shall include recreational amenities. At the time of each preliminary plat submission, the
master developer shall include a description of the status of the cumulative ROS acreage and
park numbers with respect to the requirements of this stipulation. A description of the types of
recreational amenities that will be included in the ROS and mini-park areas shall also be
submitted with all preliminary plats to the Maricopa County Planning and Development
Department.
Noted; No action required at this time.
n.
Unless otherwise agreed to in writing by the applicable school districts, not less than one (1)
school site and a minimum of 17 acres shall be reserved for a school at the site identified on the
Desert Whisper land use plan. Said school shall not front on to arterial streets.
Noted; No action required at this time.
o.
The master developer shall provide major multi-use trails and minor pathways/trail connections
as depicted on Figure 12 of the Desert Whisper Development Master Plan. Such trails and minor
pathways/trail connections shall be identified on all plats and are subject to approval by
Maricopa County.
Noted; No action required at this time.
p.
Prior to approval of the first preliminary plat or first Approval to Construct (whichever comes
first), Final Water and Sewer Master Plans must be submitted, under application and fee, for
the onsite water and sewer infrastructure to MCESD for approval. Approval of these final master
plans will be required before any Final Plats will be approved by MCESD.
Zoning and preliminary plats have been
approved for this project.
Page 4
Desert Whisper Development Master Plan (DMP2018006)
Stipulation Summary
Approved Stipulation
Status
q.
The property owner and their successors waive claim for diminution in value if the County takes
action to rescind approval of this Development Master Plan due to noncompliance with any of
the approved stipulations.
Noted.
r.
The following Maricopa County Drainage Review stipulations shall apply:
1. All development and engineering design shall be in conformance with the Drainage
Regulation and current engineering policies, standards and best practices at the time of
application for construction. No variance from the Drainage Regulations or drainage
engineering design standards is granted or entitled under this DMP.
2. Drainage review of planning, zoning and/or Development Master Plan 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 Drainage Regulation and
design policies and standards. Modeling submitted with this DMP is for conceptual level
analysis only. All plats shall be submitted with appropriate and detailed model to reflect
the existing and proposed development conditions.
3. Hydrology analysis for this development is dependent on the conditions of upstream area
around Central Arizona Project. All flow data from this study will not be approved until
FEMA approves the condition around the Central Arizona Project. Hydrology analysis will
need to be re-done if FEMA approval is not granted.
Noted; No action required at this time.
s.
The following Maricopa County Department of Transportation stipulations shall apply:
1. The Applicant/Developer shall provide a Traffic Impact Study (TIS). The TIS shall comply
with MCDOT requirements and shall address development phasing and the offsite
improvements necessary to accommodate the anticipated traffic demands. The TIS must be
approved before subsequent approval of any roadway improvement plans. The TIS shall
be updated prior to the first final plat approval and with each development phase to reflect
current conditions and any changes to the development plan. Additional lane capacity on
offsite alignments will be reviewed with each resubmittal of the TIS. The project must comply
with all recommendations in the MCDOT-approved TIS. The Applicant must provide an
updated TIS prior to rezoning.
2. The Developer shall make a contribution to regional transportation infrastructure. The
contribution shall be $3,281.00 per residential dwelling unit. The Developer may choose to
Noted; No action required at this time.
Page 5
Desert Whisper Development Master Plan (DMP2018006)
Stipulation Summary
Approved Stipulation
Status
construct off-site street improvements in lieu of payment of this contribution. Such off-site
street improvements must be "system roadways." must be all-weather facilities, must meet
county standards in effect at the time they are improved, and must be pre-approved by
MCDOT. MCDOT may require a Development Agreement to detail the specifics of
construction, including phasing and timing. If the Developer chooses not to construct off-site
regional roadway improvements, the Developer shall pay the contribution amount at the
time individual building permits are issued, or per an alternate agreement as approved by
MCDOT.
3. If required per item 2 above, a Development Agreement shall be executed prior to any
zoning approval. The Development Agreement shall be an enforceable contract, regardless
of annexation.
4. The Applicant/Developer shall provide the ultimate full or half-width of right-of way for all
public roadways as follows:
A.)
Bethany Home Road: 65 feet (entire north boundary of project.)
B.)
Camelback Road: 70 feet and 140 feet with 30 feet of
landscape/roadway/utility easement on each side.
C.)
Indian School Road:
65 Feet.
D.)
371st Avenue: 65 Feet.
E.)
363rd Avenue: 65 Feet
The above references interior and perimeter roads. (The project boundary is the centerline
of all perimeter roadways and/or roadway alignments.) Full-width right-of-way shall be
provided where the entire roadway is within the development (interior roadways). Half-
width right-of-way shall be provided where "half" of the roadway is within the development
(perimeter roadways).
At intersections where future dual left turn lanes are possible, right-of-way shall be increased
at the intersection to 150-feet for arterials and 220-feet for parkways. This widened right-
of way section shall accommodate dual left turn lengths (including reverse curves.)
5. The Developer shall be responsible for design and construction of the ultimate full-width of
all interior roadways, and the ultimate halt-width of all perimeter roadways, unless
approved otherwise by MCDOT. A portion of these improvements may be creditable to the
Developer's contribution referred to in item 2. All roadways must meet county standards in
Page 6
Desert Whisper Development Master Plan (DMP2018006)
Stipulation Summary
Approved Stipulation
Status
effect at the time they are improved. Half-width roadways must be designed so as to safely
carry two-way traffic until the ultimate roadway is constructed.
6. The Developer is responsible for assuring paved access to their site at the time of the first
final plat. Improvements necessary to provide paved access may or may not be creditable
to the Developer's contribution referred to in item 2.
7. The Developer shall provide all-weather access to all parcels and lots, including an all-
weather access from I-10.
8. The Developer shall provide and make available a minimum of two access points to each
development phase and/or subdivision unit.
9. The Developer shall not locate elementary or middle schools on arterial roads.
10. The Developer shall design the development to promote pedestrian, bicycle and other
alternative modes of transportation to public facilities within and adjacent to the site (i.e.,
bus bays, electric vehicles, shared accommodations, internal trail systems, etc.)
11. If streetlights are provided, installation shall be provided by the Developer. If streetlights
are within public rights-of-way, a Street Light Improvement District (SLID) or comparable
authority shall be established to provide operation and maintenance. The Developer should
contact the Office of the Superintendent of Streets (602-506-8797) to initiate the SLID
process.
12. The Developer shall design landscaping to comply with all MCDOT requirements and to
conform to Chapter 9 of the MCDOT Roadway Design Manual. The Developer (or as
assigned to the Homeowner's Association (NOM) shall be responsible for maintenance of
landscaping within public rights-of-way.
13. The Developer shall provide a construction traffic circulation plan. The construction traffic
circulation plan must be approved by MCDOT.
14. The Developer shall comply with all applicable local, state and federal requirements. (Dust
control, noise mitigation, AZPDES, 404 permitting, etc).
t.
The following Flood Control District of Maricopa County stipulation shall apply:
Noted; No action required at this time.
Page 7
Desert Whisper Development Master Plan (DMP2018006)
Stipulation Summary
Approved Stipulation
Status
1. Prior to approval of any development in the Palo Verde Zone "A" delineation floodplains
through the DMP limits, a detailed floodplain study must be completed and submitted to the
Flood Control District for approval. The study will then be submitted to the Federal
Emergency Management Agency for the Conditional Letter of Map Revision (CLOMR)/Letter
of Map Revision (LOMR) process.
u.
The following Maricopa County Department of Emergency Management stipulation shall apply:
1. Any areas not covered by the existing Outdoor Warning Siren System used to alert residents
within the 10-mile Emergency Planning Zone of the Palo Verde Nuclear Generating Station
in time of emergency shall be required to include additional sirens, at the developer's cost,
in order to provide adequate warning for the residents of that development, using technical
information concerning the siren system obtained from the Emergency Planning Department
at the Palo Verde Nuclear Generating Station. In addition, adequate signage available
from the Palo Verde Nuclear Generating Station Emergency Planning Department shall be
required to be posted on the site to inform the public of the presence of a nuclear generating
station in the vicinity and outlining actions to take upon receiving warning notification.
Noted; No action required at this time.
v.
The following Luke Air Force Base stipulation shall apply:
1. The master developer shall notify future residents that they are located within
the vicinity of a military training route with the following notification:
"You are buying a home or property within the vicinity of a military training route, and
may be subject to direct overflights and noise by Luke Air Force Base and other military
jet aircraft in the vicinity.
Luke Air Force Base executes over 200,000 flights per year, at an average of
approximately 170 over flights per day. Although Luke's primary flight paths are
located within 20 miles from the base, jet noise will be apparent throughout the area
as aircraft transient to and from the Barry M. Goldwater Gunnery Range, and other
flight training areas.
Luke Air Force Base may launch and recover aircraft in either direction off its runways
oriented to the southwest and northeast. Noise will be more noticeable during overcast
sky conditions due to noise reflections off the clouds.
Noted; No action required at this time.
Page 8
Desert Whisper Development Master Plan (DMP2018006)
Stipulation Summary
Approved Stipulation
Status
Luke Air Force Base's normal flying hours extend from 7:00 A.M. until approximately
midnight, Monday through Friday, but some limited flying will occur outside these hours
and during most weekends."
Such notification shall be permanently posted in front of all home sales offices on not
less than a 3 foot by 5 foot sign, be permanently posted on the front door of all home
sales offices on not less than an 8 ½ inch by 11 inch sign, be included in all covenants,
conditions, and restrictions (CC&Rs) and be included in the public report.
w.
Prior to any zoning change, the applicant shall submit to the Maricopa County Planning and
Development a "will serve" letter and an approved Certificate of Convenience and Necessity
(CC&N) from the Water Utility of Greater Tonopah which demonstrates a willingness and
capability to serve the entire Desert Whisper Development Master Plan.
Noted; No action required at this time.
x.
Prior to any zoning change, the applicant shall submit to the Maricopa County Planning and
Development Department a "will serve" letter and verification of approval of a Maricopa
Association of Governments (MAG 208) amendment from Balterra Sewer Corporation which
demonstrates a willingness and capability to serve the entire Desert Whisper Development
Master Plan.
Noted; No action required at this time.
y.
The Desert Whisper Development Master Plan is not a protected development right plan.
Noted.