05. 06. DMP2023001 Z2023039 PZ Report
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DMP2023001 & Z2023039
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Report to the Planning and Zoning Commission
Prepared by the Maricopa County Planning and Development Department
Cases:
DMP2023001 & Z2023039 – West Thirty-Six
Hearing Date:
September 14, 2023
Supervisor District:
2
Applicant:
William Lally, Tiffany & Bosco, PA
Owner:
West Thirty Six Company LP
Requests:
1) Development Master Plan amendment to change the land use categories
of the Verde River Development Master Plan (DMP90-4) from Urban
Residential/Very Low Density, Urban Residential/Low Density, Urban
Residential/Medium Density and Open Space to Single Family Suburban (2-
3 d.u./ac.) and Miscellaneous Retail
2) Zone Change from Rural-43 to R1-6 RUPD and C-2 CUPD
Site Location:
Generally located at the southeast corner of Rio Verde Dr. and 176th St. in
the Rio Verde Foothills area
Site Size:
Approx. 490 acres
Density:
2.45 d.u./ac.
County Island:
No
County Plan:
Verde River Development Master Plan - Urban Residential/Very Low
Density, Urban Residential/Low Density, Urban Residential/Medium
Density and Open Space
Municipal Plan:
N/A
Municipal Comments:
None received to date
Support/Opposition:
None known
Recommendations:
1) DMP2023001 Approve with conditions
2) Z2023039 Approve with conditions
DMP2023001 & Z2023039
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Project Summary – Development Master Plan Amendment:
1.
This is a request to amend the Verde River Development Master Plan (DMP) land use
designations to Single Family Suburban (2-3 d.u./ac.) and Miscellaneous Retail on approx. 490
acres. The applicant is requesting an amendment to change the land use designations along with
modifications to the original DMP conditions. The original Verde River DMP was a stand-alone
project, not a secondary phase of the Tonto Verde DMP to the east. The site consists of 7 parcels
zoned Rural-43 located approx. at the southeast corner of Rio Verde Dr. and 176th St. in the Rio
Verde Foothills area. The request is to develop a 1,200 residential unit single-family residential
community on 322 acres (2.45 du./ac.), 17 acres for clubhouse and associated amenity uses, and
150 acres of open space. The single family suburban accounts for 65%, retail at 3% and open
space will be included within the residential and commercial land use designations and accounts
for approx. 30% of the site to maintain existing washes/natural features.
2.
The table shown below compares the current Verde River DMP land use designations approved
by the Board of Supervisors on 2/19/91 with the proposed land use designations. The request
eliminates the 36-hole golf course and the multi-family cluster housing, but nearly doubles the
proposed residential count to 1,200 for a proposed density of 2.45 d.u./ac.
Verde River DMP (DMP90-4)
West Thirty-Six DMP (DMP2013001)
Land Use
Categories
Urban Residential/Very Low Density (406 units)
Urban Residential/Low Density (68 units)
Urban Residential/Medium Density (132 units)
Open Space
Single Family Suburban (2-3 d.u./ac.)
Miscellaneous Retail
Densities
1.23 d.u./ac.
2.45 du./ac.
Maximum
number of
lots
606 units
1,200 units
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DMP Narrative Report Exhibit D - Verde River DMP with existing land uses.
DMP Narrative Report Exhibit E - West Thirty-Six DMP with proposed land uses.
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3.
The narrative asserts that the proposed development meets the DMP in the following manner:
Whether the amendment constitutes an overall improvement to the Comprehensive Plan and
is not solely for the good or benefit of a particular landowner or owners at a particular point in
time.
“Previous DMP’s modified the Verde River DMP to allow for Urban Residential Very Low Density
(UR/VL), Urban Residential Low Density (UR/L), Urban Residential Medium Density (UR/M), and
Open Space (OS). This proposed amendment update would simplify the land use designation for
the Property and allow for market-ready and sustainable development of single-family densities.
Not only do the proposed densities correspond closely with the adjacent and nearby existing master
planned communities, this DMP Amendment will most importantly remove the previously approved
36-hole golf course, as it is no longer a sustainable use for the Rio Verde community.”
Whether the amendment will adversely impact all or a portion of the planning area.
A. Altering acceptable land use patterns to the detriment of the plan.
“The existing land use designation and DMP is primarily single-family residential use with some
higher density multi-family uses. Simplifying the proposed land use to primarily single-family
residential and supporting community accessory facilities and uses is not a detriment to the plan.
The proposed densities are acceptable land use patterns for this area with the Tonto Verde/Rio
Verde DMP’s and Trilogy at Verde River DMP adjacent to the site with like densities. The proposed
Single Family Suburban (2-3 d.u./ac.) and Miscellaneous Retail designations allows for sustainable
residential development with support commercial and recreational activities. The Property was
already master planned with various lot sizes and a golf course. The new land plan creates
acceptable land use patterns and removes a non-sustainable golf course.”
B. Requiring public expenditures for larger and more expensive infrastructure.
“The cost of the infrastructure will be borne by the developers for this project. Applicant does not
foresee any necessary large public expenditures to infrastructure right now that fall within the
scope of the plan.”
C. Requiring public improvements to roads, sewer, or water systems that are
needed to support the planned land uses.
“The Applicant has worked with the private water and sewer company prior to submittal to ensure
there are the necessary infrastructure capabilities for the Property.
All of the construction and connection costs would be borne by the developer at the time of
development. The Applicant has had preliminary discussions with EPCOR regarding the proposed
density and removal of the golf course component from the previous DMP approvals. The
developer, not the public nor the County, will be responsible for planning and constructing
improvements to EPCOR’s water and sewer infrastructure as necessary to support the project. A
preliminary Traffic Impact Analysis is provided with the related rezone request; recommended
improvements with requirements by MCDOT will be implemented as necessary to maintain an
acceptable level of service on area roads.
Current development within the RU-43 zoning classification do not provide for any community
amenities, open space preservation on private property, improvement of adjacent public rights of
DMP2023001 & Z2023039
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way, or improvement of water and wastewater treatment infrastructure. The provision of these
types of amenities and infrastructure improvements improve the livability and sustainability of the
area.”
D. Adversely impacting planned uses because of increased traffic.
“The area is currently designated for Urban Residential Very Low Density, Low Density and Medium
Density. With only one land use designation, Single Family Suburban, determining the projected
traffic and proper street infrastructure will be detailed simpler analysis within the TIA/TIS.”
E. Affecting the livability of the area or health or safety of present and future
residents.
“The DMP amendment to the Single Family Suburban and Commercial designations would be
similar to the DMP to the north. This update ensures for a known and successful development
pattern. Working with EPCOR on infrastructure approvals and removing the golf course approval
sets a positive effect on the livability of area. The track record of the Applicant and simplification
of the land use in this area will positively impact the existing and future residents of the area.”
F. Adversely impacting the natural environment or scenic quality of the area in
contradiction to the plan.
“This project is dedicated to preserving the natural character of the area through the thoughtful
provision of common area open spaces; particularly targeting passive and natural open spaces
along wash corridors, project boundaries and transportation corridors (i.e Rio Verde Drive). These
measures, along with the clustering of development, proposed minimum 150 acres of open space,
and single-story product restriction (see companion zoning change) will help ensure the project
does not adversely impact the natural environment or scenic quality of the area. The removal of the
golf course furthers the Applicant’s commitment to the natural environment.”
Whether the amendment is consistent with the overall intent of the Comprehensive Plan.
“The current intent of the Comprehensive Plan is for the 490 acres to develop with single-family and
multi-family uses and golf course as previously approved with the Verde River DMP. The proposed
land use amendment is to develop the same single-family uses, albeit at a slightly higher density,
but removing high water use golf course component and any multifamily options. Single-family and
multi-family to primarily single-family use is consistent with the overall intent of the Comprehensive
Plan. With the additional density comes a broader planning of the Property for coordinated access
and roadway connections, infrastructure, open space and wash preservation, community amenities
and the creation of diverse neighborhoods. These factors ensure the amendment is consistent with
the intent of the Comprehensive Plan and Rio Verde Area Plan.”
Consistency with Land Use Plans Goals, Policies, and Objectives
Maricopa County Vision 2030 Comprehensive Plan
Vision 2030 Land Use Goal 1, Policy 2, Policy 4, Policy 26
Vision 2030 Transportation Goal #3
Vision 2030 Growth Area Goal #1
Vision 2030 Open Space Goal #4
Vision 2030 Cost of Development Goal #2
Vision 2030 Environmental Goal #1
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Vision 2030 Economic Growth Goal #1
Vision 2030 Economic Growth Policy #9
Vision 2030 Energy Goal #3
Rio Verde Foothills Area Plan
Rio Verde Area Plan Land Use Goal and Objective L.2
Rio Verde Area Plan Transportation Objection T1.1
Rio Verde Area Plan Objective O1.4, O1.5
Water Resources Goal # 1
4.
As part of the request to amend the DMP, there are several conditions the applicant would like to
modify or eliminate since the original conditions are no longer applicable. Staff is recommending
new DMP conditions with elimination of some of the conditions originally approved in 1991. Since
the original DMP conditions were established 32 years ago, a new set of conditions is
recommended for consideration to address the master planned community.
Project Summary – Zone Change
5.
The applicant is also requesting a zone change from Rural-43 to R1-6 RUPD and C-2 CUPD. The
commercial land use includes one centralized region of approx. 17 acres to accommodate
development of a community clubhouse with a CUPD to amend parking standards and screen
wall requirements adjacent to residential zoning. The conceptual layout includes an 18 hole
putting course with 10 pickleball courts. The clubhouse would include a pool area, kitchen, dining
area, bar, event garden, atrium, event space, indoor and outdoor fitness areas and covered patio.
Staff notes a plan of development will be required prior to construction permits with precise site
plan details for the commercial zoning.
6.
The narrative includes a list of various C-2 commercial land uses that will be restricted from the
master planned community. These uses include adult oriented businesses, automotive repair
businesses, medical marijuana establishments, and other incompatible uses. The narrative report
identifies the C-1 and C-2 zoning districts use regulations with specific land uses eliminated. A
condition has been included that identifies all excluded land uses for the proposed C-2 CUPD
zoning. Shown on the next page is the C-2 CUPD table, with requested modification shown as
bolded text. The CUPD eliminates the requirement for solid fencing adjacent to residential zoned
property, reduction in parking spaces for the clubhouse with outdoor space and modification to
retaining walls to allow increased height. These variations to the base C-2 development
standards are appropriate for a clubhouse complex surrounded by a master-planned residential
community.
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C-2 CUPD Zoning District Standards – Clubhouse Site – Z2023039
Maximum Height
40’
40’
Minimum Front Yard
10’
10’
Minimum Side Yard
10’
10’
Minimum Rear Yard
0’
0’
Minimum Lot Area
6,000 sq. ft.
6,000 sq. ft.
Maximum Lot Coverage
60%
60%
Parking
One per 250 sq. ft. of floor area +
one per 5,000 sq. ft. of outdoor
display area; and + one per 100
sq. ft. of outdoor seating area;
and + four per golf course green
1 space per 250 sq. ft. of conditioned
building areas (exterior areas such as
patios, pool decks, etc. are exempt from
parking requirements).
Article 804.9.4.a – Walls
&
Screening Adjacent to
Rural or
Residential Zoning
Minimum 6’ high solid wall for
side or rear property line
adjacent to Rural or Residential
No minimum screening requirements
Article 804.9.4.b – Walls
&
Screening for Outdoor
Use of
Commercial Nature
Minimum 6’ high walls or
fencing with view obscuring
material for perimeter of site
No minimum screening requirements
Retaining Walls – Article
1111.5
General Regulations 1111.5
Maximum of 6’ retaining wall or
at 14’ overall height with 6’
retaining
8’ maximum retaining wall exposed or 6’
maximum wall height on 8’ retaining
wall with combination wall not to
exceed 14’
Zoning Narrative Report Exhibit G – Proposed R1-6 RUPD & C-2 CUPD zoning districts.
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Zoning Narrative Report Exhibit J - Conceptual Clubhouse for the C-2 CUPD zoning district.
7.
The proposed R1-6 RUPD zoning district standards would accommodate single-family residential
neighborhoods with varying lot sizes, along with 150 acres of intermingled open space that
accounts for 30% of the gross acreage of the community. The narrative states the request to vary
the R1-6 RUPD standards would allow for various housing products and lot sizes, limitation to
single story homes, and an increase in lot coverage by 5%. The community will be restricted to
single-story homes only for consistency with existing planned communities. The single story limit
will also protect viewsheds for future residents.
8.
The R1-6 RUPD standards include reduced front and rear yard setbacks, reduced lot width, and
increased lot coverage. The front setback has been reduced to 10’ to the livable area, and garages
will be setback from sidewalks to account for the 18’ x 18’ parking space requirement for front
loaded or side loaded garages. The applicant states this variation will eliminate a dominate
garage streetscape to allow diversity in housing product and design. The reduction in front & rear
setbacks would allow for unique designs to include extended patios, atriums, and courtyards. The
average lot area per dwelling unit is increased by 50% with the amount of open space and
common area tracts and amenities. The average lot area per dwelling unit lists 11,445 sq. ft., staff
will condition to a minimum of 10,500 sq. ft. to account for any design/configuration changes
with platting.
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R1-6 RUPD Zoning District Standards – Z2023039
Maximum Height
30’
30’
Number of Stories
Not defined in MCZO
1-Story
Minimum Front Yard
20’
18’
10’ for side loaded garages, porches or
livable areas of dwelling unit
Minimum Side Yard
5’
5’
Minimum
Street-
Side
Yard
10’
10’
Minimum Rear Yard
25’
15’
Minimum Lot Area
6,000 sq. ft.
6,000 sq. ft.
Minimum Lot Width
60’
50’
Area
Lot
Area
per
Dwelling Unit
6,000 sq. ft.
11,445 sq. ft.
Maximum Lot Coverage
50%
55%
Parking Spaces
2
2
Hillside
The extent of all disturbance
on that portion of a lot which
has a natural slope of 15% or
greater, shall be limited to a total
disturbance within the gross lot
area not to exceed 75,000
square feet and shall be located
entirely within the buildable area
of the lot, except that
disturbance related to the
driveway and utility connections
may extend outside the lot’s
buildable area to the street line
or other lot line.
The extent of all disturbance on that
portion of a lot which has a natural slope
of 15% or greater, shall be limited to a
total disturbance within the gross lot
area not to exceed 75,000 square feet,
except that disturbance related to the
driveway and utility connections may
extend outside the lot’s buildable area to
the street line or other lot line.
Lot
Diversity
Requirements
In order to promote a diverse
and interesting streetscape,
there shall be an effective mix of
lots by area and width.
By the platting of the 200th lot a
minimum of 120 lots shall be 7,200 sf or
greater inclusive of 20 lots being 14,800
sf or greater. By the platting of the
1,000th lot a minimum of 600 lots shall
be 7,200 sf or greater inclusive of a
minimum of 100 lots being 14,800 sf or
greater. This shall be tracked on each
filed subdivision preliminary plat and
final plat (proposed, previously platted,
remaining yield).
9.
The applicant is requesting a condition to track milestones with the sizes and number of lots with
the preliminary and final plats. The developer will be responsible for providing these figures as
part of the platting process for conformance with the zoning condition. The condition will track
the following: 200th lot to include a minimum of 120 lots to be 7,200 sq. ft. or greater with 20 lots
being 14,800 sq. ft. or greater. At the 1,000th lot milestone, 600 lots shall be 7,200 sq. ft. or greater
with a minimum of 100 lots being 14,800 sq. ft. or greater.
10.
The 150 acres of open space will include an internal trail system with primary and secondary
trails. The community is proposed with ample common natural open space areas along with
passive areas to be re-vegetated with native drought tolerant plants. Shade features, picnic areas,
game tables, turf regions, overlooks, trails, pocket parks, and dog parks are planned for the
residential and commercial zoning. A conceptual parks and trails plan identifies two primary
active parks, with approx. 11 neighborhood passive mini parks, internal trail system and a trail
overlook. The community will not have access to the McDowell Mountain Regional Park to the
south. Any future connection would require coordination/agreement with Maricopa County Parks
Department.
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DMP Narrative Report Exhibit G – Conceptual Parks & Trails Plan.
Maricopa County McDowell Mountain Regional Park Map. (West Thirty-Six is located directly to the
north of the Park with no trails/connectivity into the Park).
Source: Maricopa County Parks & Recreation Maps
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11.
The property has a small portion of hillside near the southwest corner of the site. The community
will preserve the higher elevations as part of open space. For residential lots within the hillside
area, the applicant is requesting to amend the hillside standards to remove the disturbance
limitation to within the buildable area of the lot. The variation would allow for lot contouring
around the lot and housing while preserving and maintaining the hillside designated areas. Shown
below is an image provided by the applicant that identifies the hillside regions.
Zoning Narrative Report - Exhibit E – Conceptual Lotting Plan with hillside slopes of 15% or
greater shown at SWC of site.
12.
There are 10 single-family development neighborhoods/areas proposed. The narrative states this
community along with on-site and off-site improvements will be developed in phases over a
number of years based upon housing market conditions. The on-site and off-site infrastructure
will be completed by the applicant/developer, but there will not be any public facilities provided
by the County. Construction is projected to start first quarter of 2025 to 2030.
DMP Narrative Report Exhibit O – Conceptual Phasing Plan
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13.
The community will not be age-restricted, but it will have similar characteristics of the adjacent
developments primarily as a retiree population. The estimated projected population will be 2,508
persons using 2.09 persons (US Census Bureau). The commercial parcel for the clubhouse will
provide for social activities including dining, fitness, sporting, swimming, health and wellness, arts
and crafts, and educational opportunities for the residents.
14.
The property is vacant with 1% grade sloping to towards the east, there are 9 existing lakes utilized
for ECPOR/Rio Verde Utilities effluent water when not utilized for golf course irrigation. The lakes
will be removed as part of construction for each phase. The site has multiple arroyos and washes
and is classified as Zone AE and will require a Conditional Letter of Map Revision as part of the
platting process to remove the AE floodplain from the site. Planning Engineering has included
conditions to address the CLOMR/LOMR as part of the platting process along with drainage
discharge along the south and eastern boundaries. The site has a small portion of hillside at the
southwest region of the site.
Roadway Access:
15.
Access to the site will include two separate entrances along Rio Verde Dr. These are spaced
approx. 2,198’ feet apart along Rio Verde Dr. (based upon Traffic Impact Analysis). The primary
entrance/exit will be a divided median spine road to collect internal local street traffic. The
primary roadway is designed as an upside down ‘y’ which will facilitate traffic movement in a
north/south direction to minimize impacts to the natural wash corridors. The local streets will be
cul-de-sacs, and looping streets bound by the wash corridors. A secondary connection to Rio
Verde Dr. is proposed within Phase A that will align with the existing driveway within Trilogy DMP
to the north (Verde River Way). The report also states there will be emergency access along the
western boundary to 176th St. The secondary connection to Rio Verde Dr. in Phase A and the
secondary emergency access will be determined at the time of platting with completion of
required traffic studies and reports. The conceptual layout currently shows 3 emergency access
connections to 176th St. The narrative states roadway connectivity to the existing Tonto Verde
DMP to the west is not practical due to existing drainage and design. The plan does not show any
roadway connections to the south to McDowell Mountain Regional Park.
16.
The Traffic Impact Analysis report (TIA) stated the community at build out is estimated to
generate 9,926 total daily trips. West Thirty-Six will be a gated community and all internal streets
will be private and maintained by the HOA. MCDOT Traffic has analyzed the TIA and has included
additional traffic studies to be included as part of the platting process. The traffic report
references need for a traffic signal at Rio Verde Dr. and the primary roadway at the 600 unit
constructed and occupied. MCDOT Transportation has included conditions to address future
TIA/TIS to be included as part of platting.
17.
The site is located in the Rio Verde Foothills area and is located approx. 4 miles from Scottsdale
jurisdiction and approx. 10 miles north of Fountain Hills. The applicant states the site is located
approx. 28 miles from downtown Scottsdale. Vehicular access to the community will be from Rio
Verde Dr. from Scottsdale and Forest Road and McDowell Mountain Rd. south to Fountain Hills
and SR-87.
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Maricopa County Road Information Map with Scottsdale and Fountain Hills jurisdictions.
Water and Sewer Service:
18.
EPCOR has issued a will serve letter dated 6/20/23 for water and wastewater service signed by
Alex Lovisetto, P.E, Engineering Manager. The site is within the Certificate of Convenience &
Necessity (CC&N) issued by the Arizona Corporation Commission (ACC) for water service in the
Rio Verde Water District. A Certificate of Assured Water from Arizona Department of Water
Resources will be required prior to approval of the final plats since EPCOR is not a designated
supplier.
19.
The 2022 EPCOR Water Quality Report for the Rio Verde District states there are approx. 1,720
service connections. The water sources comes from 5 groundwater wells ranging in depth from
160 to 697’ located in the northeast section of Rio Verde south of Rio Verde Ranch.
20.
Toll Brothers had a hydrological model for the Fountain Hills Sub-Basin submitted to ADWR along
with an application for Analysis of Assured Water Supply on September 12, 2022. ADWR provided
comments on the model and application on March 29, 2023 and both were resubmitted on June
5, 2023. The applicant states the model findings support a physical availability determination with
ADWR approval of the model and application is expected this Fall/Winter 2023. The model
addresses the Fountain Hills Sub-basin on wells and committed groundwater, the model results
indicate that no well completed in the regional aquifer will dry out due to water demands for West
Thirty-Six and there would be sufficient groundwater demand for the next 100 years. A Certified
of Assured Water could occur in 2024. Staff notes the model was also provide to the residents of
the Rio Verde Foothills area to address concerns for water as part of the outreach efforts as
documented in the citizen participation results report.
21.
The model results that there would be sufficient groundwater to serve West Thirty-Six with
existing and committed demands for the next 100 years. The model was based upon utilizing
ADWR data on current and committed withdrawals of groundwater in the sub-basin. See attached
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Toll Brothers memo dated 6/30/23 with the summarized Matrix New World Engineering report
dated 6/29/23 with the hydrology model.
22.
There is existing EPCOR water mains along the north, west and south of the project and the
EPCOR sewer is located Rio Verde Dr. adjacent in Tonto Verde. The project has close proximity
to existing water and wastewater infrastructure. The developer will be required to make water
infrastructure improvements to include storage, pressure boosting, and well pumping capacity.
The timing, location and scope for these improvements is currently under negotiation with
EPCOR. The narrative states that EPCOR and SRP are negotiating an update to the exchange
agreement that would allow EPCOR to operate wells near the Verde River to provide water
resources to SRP. This agreement would introduce additional sources and volume of water that
could be pumped for additional demand from West Thirty-Six and other future projects.
23.
West Thirty-Six is not involved with the existing EPCOR standpipe for the Rio Verde Foothills area.
The report states the water resource associated with the Rio Verde Foothills area or consolidation
into the Sonoran Water District has no bearing on the standpipe issue. June 19, 2023, SB1432
was signed into Law that a city of town that provides water service shall provide water service via
intergovernmental agreement with a standpipe district for a period of not more than 3 years for
water hauling to residences outside a city or town water service area that does not have a
sufficient water subject specific standards (not listed here for brevity). EPCOR is currently in the
process with ACC to provide the Rio Verde Foothills area with a City of Scottsdale IGA for a
standpipe.
9/30/22 Exhibit EPCOR Rio Verde Foothills Vicinity (Image shows West-Thirty Six within the
existing EPCOR CC&N for water and outside the wastewater service area for CC&N.
Source: ACC Application E000021715
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24.
The site is currently not located within EPCOR’s CC&N for sewer service. The EPCOR letter states
the will-serve letter is conditional based upon the ACC issuing approval of expansion of the CC&N
to provide sewer service. The developer will be required to enter into a Master Utility Agreement
with EPCOR. The narrative states that the expansion of the CC&N will proceed after determination
of zoning change application to include the site within the Rio Verde Wastewater District.
Expansion of sewer would require off-site improvements that include upsizing the offsite mains
in Forest Dr. and expansion of treatment capacity at the Rio Verde WWTP.
25.
As part of the platting process, the developer will submit an annexation petition to be included in
the Rio Verde Fire District, whose fire station is located adjacent to this project at the southeast
corner of Rio Verde Dr. and 174th St. Police service would be from MCSO District 7 located in
Fountain Hills.
Existing On-Site and Adjacent Zoning / Land Use:
26.
On-site:
Rural-43/ vacant desert land and lakes for effluent
North:
R1-10, R1-6, R-3, C-2 and Rural-43 / Rio Verde Fire District (NW of site),
Trilogy Verde River
South:
Rural-190 / Maricopa County McDowell Mountain Regional Park
East:
R1-10, R1-8, Rural-43, Rural-190, C-1 and C-2 / Tonto Verde Units 3 & 4
West:
Rural-43/ Scattered large lot residential
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Utilities and Services:
27.
Water:
EPCOR
Wastewater:
EPCOR
School District:
Cave Creek Unified School District
Fire:
Rio Verde Fire District
Police:
MCSO
Right-of-Way:
28.
The following table includes existing and proposed half-width right-of-way and the future
classification based upon the Maricopa County Department of Transportation (MCDOT) Major
Streets and Routes Plan.
Street Name
Half-width Existing R/W
Half-width Proposed R/W
Future Classification
Rio Verde Dr.
100’
100’ R/W
Minor Principal Arterial
176th St.
100’
28’ pavement width with half
street improvements. 100’ R/W
of frontage on 176th St.
Local Road
Adopted Plans:
29.
Verde River Development Master Plan DMP90-4 (approved 2/19/91): Master planned
community approved by the Board of Supervisors which included the following land use
categories: Urban Residential/Very Low Density, Urban Residential/Low Density, Urban
Residential/Medium Density and Open Space.
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30.
Rio Verde Foothills Area Plan (adopted July 6, 2005): The Rio Verde Foothills consists of approx.
20 square miles with a single land use designation of ‘Rural Residential (0-1 d.u./ac.)’, with Vista
Verde and Verde River as the two DMPs within the plan boundaries. The land use plan shows the
subject site with a land use designation of ‘Development Master Plan’. The plan states that
Development Master Plans may be located within any land use designation, subject to the
requirements of the Development Master Plan Standards as noted in the text of the
Comprehensive Plan. DMP allows higher density development, which promote quality standards
of land use with flexibility in planning large tracts of land.
Public Participation Summary:
31.
The applicant complied with the Maricopa County Citizen Review Process with the required
posting of the site and notification by first class mail to adjacent property owners within 300’ of
the subject parcel and to interested parties. The citizen participation results report states that the
applicant and developer conducted an extensive outreach and community notification regarding
the project from November 8, 2022 – August 17, 2023. The report summarizes the meetings held
with the County, residents of Trilogy, Tonto Verde, and the Rio Verde Community Association with
open houses/annual meetings, and in person meetings. The results report summarized the
following as part of the outreach efforts:
Community/Area
Individual or
Small Group
Meetings
Individual
Attendees/Interactions
Open House or Annual
Meetings
Trilogy
22
119
3 (approx. 240 attendees)
Tonto Verde
24
85
3 (approx. 600 attendees)
Rio Verde
18
78
1 (approx. 90 attendees)
Totals
64
282
7 (approx. 930 attendees)
Community
Meeting/Event Dates Held
Trilogy
11/17/22, 11/30/22, 1/4/23, 1/19/23, 1/26/23, 2/7/23, 2/24/23, 2/27/23,
2/28/23, 3/2/23, 3/7/23, 3/13/23, 3/21/23, 3/28/23, 4/4/23, 4/18/23, 5/15/23,
5/16/23, 6/21/23, 7/25/23, 8/9/23 and 8/15/23
Tonto Verde
12/14/22, 1/26/23- 2/28/23, 2/14/23, 2/17/23, 2/18/23, 2/20/23, 2/28/23,
3/7/23 – 3/10/23, 3/15/23, 3/27/23, 3/30/23, 4/17/23, 4/28/23, 5/15/23,
5/16/23, 5/24/23, 6/5/23, 6/13/23, 6/28/23, 7/18/23, 7/24/23, 7/27/23, and
8/9/23
Rio Verde
1/3/23, 1/4/23, 1/6/23, 1/10/23, 1/11/23, 1/21/23, 1/22/23, 1/23/23, 2/2/23,
2/12/23, 2/22/23, 2/27/23, 3/1/23, 4/11/23, 4/12/23, 4/18/23, 4/25/23, and
8/17/23
32.
The results report states the meetings were to discuss the proposed development, hydrology
study, water supply, amenities, traffic and construction timelines. The report states there was no
opposition received. Due to the outreach efforts, residents in the Rio Verde Foothills area and in
adjacent master planned communities are in support of the proposed community. The table
above lists all the dates of interactions with the various community groups, the results report
does not include any opposition received. Outreach included sending letters to residents in the
Rio Verde Foothills area (approx. 45 residents located south of Rio Verde Dr. between 172nd St.
and 176th St.), limited responses were received about the traffic and general encroachment. The
summary indicated that none accepted public invitation to meet in person regarding the project.
The public open house meetings held were open to the general public and was advertised and
DMP2023001 & Z2023039
Page 18 of 27
posted on social media platforms. The Rio Verde Foothills area included approx. 50 residents that
attended the neighborhood meetings, but the majority of these residents were involved in the Rio
Verde Foothills Water standpipe issue. The applicant states there was no outspoken or written
opposition received as part of the extensive outreach efforts. The applicant & developer
conducted an extensive outreach program to inform the residents regarding the master planned
community and as a result of coordination/information, there is no opposition received.
33.
During the review process, there were two comments received from areas of interest from County
routing with one comment stating the project would be okay as long as water is guaranteed. The
other comment was received from a resident within the Tonto Verde DMP that raised concerns
about construction traffic on Forest Rd. and recommended there should be a roadway on the
west side connecting to McDowell Mountain Rd. and 172nd St. in Trilogy. Staff notes the comment
included a recommendation to carry 176th St. south through the Maricopa County Parks to
McDowell Mountain Rd. 176th St. is a classified as a Local Road with no plans by MCDOT for
connectivity through the regional park to connect to McDowell Mountain Rd.
Outstanding Concerns from Reviewing Agencies:
34.
MCDOT Traffic Engineering has issued conditional approval of the Traffic Impact Analysis for
West Thirty-Six DMP. A letter was submitted to MCDOT from the developer’s traffic engineer
stating that they acknowledge the second set of review comments on the analysis and that all of
the comments will be addressed as part of the first submittal and phase with a preliminary plat.
The developer will be required to address the MCDOT comments as part of the initial preliminary
plat application with lotting, internal roadway design and off-site perimeter streets. Staff notes
the project is in the early conceptual stages for land use designation and zoning which doesn’t
require full engineering at this stage. The engineering design and reports will be required as part
of the subdivision process with preliminary plat and final plats. The conditional approval by
MCDOT has been included in both the DMP and zoning recommended conditions.
Staff Analysis:
35.
Master planned communities (DMPs) are the preferred way to develop in the County due to
flexibility in planning, design and innovation for development of large tracts of land to account for
density, infrastructure, mixed land uses and open space. The designation of suburban land uses
with a clubhouse for a wellness/resort style community would mirror existing master planned
communities to the north and east. The site has been designated for a master planned community
from 1983 with an amendment filed in 1991 and has been vacant for 40 years.
36.
The Rio Verde area has several master planned communities initially developed from the 1970’s
that included Rio Verde, Tonto Verde and later Trilogy (formerly known as Vista Verde). Tonto
National Forest is located to the northeast, McDowell Mountain Regional Park directly to the south
and scattered large lot residential to the west and a recently approved 16.8 acres of commercial
zoning (C-2 CUPD) for a shopping center to the west of the site called the Shops at Rio Verde. The
report to the Board stated that the area continues to experience residential growth without
immediate commercial services.
37.
Staff believes this project, which has been overhauled from the 1983 and 1991 DMP, is an
improvement of the project’s design. Development of this site has been held out due to housing
absorption in the area and final phases of construction related to the Trilogy project to the north.
Staff notes that the density has increased from 606 to 1,200 units now that the developer has
been able to obtain a will serve letter from EPCOR for water and wastewater service (need for
DMP2023001 & Z2023039
Page 19 of 27
CC&N). Staff supports the request with the increased density, confirmation of utility services and
limited public comment on the application. The lotting detail and specific engineering design will
be part of the preliminary plats. A signal will be needed at the 600 lot at Rio Verde Dr. and the
primary road. An updated TIS will be required as part of the preliminary plat process for further
MCDOT review and analysis.
38.
The site is not within a future municipal planning area of Scottsdale or Fountain Hills and the
master planned community will remain in unincorporated Maricopa County. Planning staff sends
notification of application to municipalities and towns that are located within 3 miles of a subject
site. Since this site is located 4.29 miles east of Scottsdale jurisdiction and 6 miles northwest
from Fountain Hills the applications were not routed to the municipalities. The application was
sent to the Fort McDowell Yavapai Nation since site is located 1.3 miles northwest of their
community. No response was received from the Fort McDowell Yavapai Nation.
39.
Staff believes this application is an improvement to the original DMP which included a proposal
for high water use with the golf course and 9 lakes, revamping and changing the project to mirror
existing single-family residential master planned communities with suburban land use and zoning
based upon existing housing market trends will provide a community with single-story family
homes, ample recreational activities and commercial retail with wellness/active community
amenities for residents. The project will blend in with existing master planned communities with
maintaining the natural environment and scenic quality of Rio Verde Foothills area. Due to the
applicant’s coordination with ECPOR and obtaining a will serve letter for water and wastewater
service, staff is supportive of these applications proceeding forward with a recommendation of
approval. There is existing infrastructure for water and wastewater in proximity to support the
proposed density and planned community. Staff is supportive of the change in land use
designations and zoning as presented and recommends approval subject to conditions.
Recommendations (two motions – one for each case):
40.
Staff recommends the Commission adopt a motion recommending that the Board of Supervisors
approve DMP2023001 subject to the following conditions ‘a’ – ‘r’:
a.
Development shall be in substantial conformance with the Development Master Plan
entitled “West Thirty-Six”, dated June 30, 2023 and stamped received July 6, 2023
including all exhibits, maps, and appendices, except as modified by the following
conditions.
b.
Changes with regard to use and intensity, or changes to any of the approved conditions
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 as outlined in the Maricopa County Development Master Plan
Guidelines in effect at the time of amendment. Non-compliance with the narrative report,
maps, and exhibits, or the conditions of approval will be treated as a violation in
accordance with Maricopa County Procedures.
c.
The applicant shall submit a written report every five years from the date of Board of
Supervisors approval of DMP2023001 which details the status of this project, including
progress on obtaining necessary entitlements, licenses, and permits; compliance with the
DMP2023001 & Z2023039
Page 20 of 27
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
development master plan is still present, and whether the land use designations
associated with this development master plan 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 changes the current land use
designation(s) back to Rural Residential (0-1 d.u./ac.) in such an event, the comprehensive
plan land use map or area plan land use map shall be altered to reflect Board action.
d.
The master developer shall be responsible for the construction of all private on-site roads
within the Development Master Plan. The master developer shall provide emergency
access along the western portion of the community to 176th St.
e.
The applicable 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 within public rights-of-way, and all pedestrian, bicycle,
and multi-use paths. The developer shall include deed restrictions that state grass or
natural turfed areas at individual residences in the front yard is prohibited. Animal barrier
fencing will be permitted in the CC&Rs.
f.
Landscaping of all common areas and open spaces, except for identified recreational
areas shall consist of indigenous and or low water use species.
g.
All irrigation of common areas shall be in compliance with Arizona Department of Water
Resources regulations. When sufficiently available, all irrigation of common areas and golf
courses shall be done entirely with renewable supply of water, such as reclaimed water,
surface water or Central Arizona Project (CAP) water.
h.
The Development Master Plan shall be developed sequentially as depicted on the phasing
diagram contained in the narrative report.
i.
The total number of residential dwelling units shall not exceed 1,200 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.
All park facilities shown on plats shall be completed concurrently with residential
development. Park facilities and amenities shall be identified on all applicable plats. All
significant washes and riparian vegetation shall be retained in their natural state as
identified in Exhibit F of the West Thirty-Six Conceptual Open Space Plan.
k.
All existing specimen quality vegetation shall be preserved or transplanted on-site. All
introduced landscaping (other than 12 acres of putting course and common area turf)
shall be indigenous desert plants and trees or included on ADWR’s Phoenix AMA Low
Water Use / Drought Tolerant Plant List.
DMP2023001 & Z2023039
Page 21 of 27
l.
Not less than 150 acres shall be reserved for open space. Further, the project shall have
not less than 2 primary active parks as depicted on the DMP narrative Exhibit G. Further,
not less than 11 neighborhood passive mini-parks be provided. At the time of each
preliminary plat submission, the master developer shall include a description of the status
of the cumulative open space of primary and mini-parks with park numbers with respect
to the requirements of this condition. A description of the types of recreational amenities
that will be included in the primary and mini-parks shall be submitted with all preliminary
plats.
m.
Not less than 17 acres shall be developed for commercial, miscellaneous retail uses as
shown on the Land Use Plan (Exhibit E) in the narrative.
n.
Prior to initial Final Plat approval or initial precise plan of development approval, the
applicant shall submit to the Maricopa County Planning and Development Department
confirmation of service by EPCOR and verification of approval of a 208 Amendment
approved by the Maricopa Association of Governments Regional Council.
o.
The Master Plan area shall be surveyed by a qualified archaeologist and a report
summarizing the findings shall be submitted to the State Historic Preservation Officer,
prior to the approval of any preliminary plats or plans for the development of the property.
p.
The following Planning Engineering conditions shall apply:
1. Without the submittal of a precise plan of development, no development approval is
inferred by this review, including, but not limited to number of proposed building
lots/units, drainage/flood design, access and roadway alignments. These items will
be addressed as development plans progress and are submitted to the County for
further review and/or entitlement.
2. Updated Traffic Studies must be submitted with each subsequent entitlement
application(s) (preliminary plats or plans of development as the case may be).
3. Each plat within the development must contain at least two (2) points of access in
accordance with Maricopa County (MCDOT) Ordinance P-36 Article V. Each plat
must be able to standalone with respect to site access and drainage requirements.
4. The site is encumbered by large areas of Special Flood Hazard Areas (SFHAs)
(FEMA Zone AE Floodplains). A CLOMR (and subsequent LOMR) is required to
remove all proposed residential building lots and other development from the SFHAs.
5. Downstream discharges of the SFHAs are directed towards existing residential
subdivision(s). The current discharge location and characteristics must be
maintained as part of the CLOMR/drainage design.
6. The are several non-delineated washes that traverse the site that discharge along
the south and east boundaries. These historic discharges must be maintained as
part of the overall drainage design.
7. A singular overall master preliminary plat must be submitted for the entire
development to address the overall drainage design for the project. Areas proposed
for development should be designated as tracts (that will be subsequently re-platted
to contain their own individual drainage & circulation designs). The master plat must
include the main circulation corridor(s) that will feed each of the tracts. This master
plat must be approved before any final plat can be approved.
8. The Owner/Applicant is responsible for identifying and procuring any permit(s) for
disturbance of, or work within delineated jurisdictional (404) washes from the US
Army Corps of Engineers.
DMP2023001 & Z2023039
Page 22 of 27
9. Engineering review of DMP & Zoning cases is conceptual in nature. All development
and engineering design shall be in conformance with Section 1205 of the Maricopa
County Zoning Ordinance; Drainage Policies and Standards; Floodplain Regulations
for Maricopa County; MCDOT Roadway Design Manual; and current engineering
policies, standards and best practices at the time of application for construction.
q.
The following Maricopa County Department of Transportation (MCDOT) Traffic
Engineering condition shall apply:
1. The Traffic Impact Study is Conditionally Approved only as it pertains to the
DMP2023001 application. The conditional approval is based on the response letter
dated 8/21/2023 stating the developer will (be) “addressing all of these comments in
their entirety with the first submittal of a preliminary plat for the first phase of this
project.”
r.
The master developer shall notify all future 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).
41.
Staff recommends the Commission adopt a motion recommending that the Board of Supervisors
approve Z2023039 subject to the following conditions ‘a’ – ‘w’:
a.
Development of the site shall be in substantial conformance with the Zoning Exhibit
entitled “West Thirty-Six“, consisting of 1 sheet (exhibit G of the narrative report), dated
June 30, 2023, and stamped received June 30, 2023 except as modified by the following
conditions. Staff may determine slight refinements to remain in substantial conformance
with the approved site plan. Minor and major amendments to the site plan will be
determined in accordance with Chapter 3 of the Maricopa County Zoning Ordinance.
b.
The R1-6 RUPD zoning district shall have a maximum of 1,200 residential 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.
c.
By the platting of the 200th lot a minimum of 120 lots shall be 7,200 sq. ft. or greater
inclusive of 20 lots being 14,800 sq. ft. or greater. By the platting of the 1,000th lot a
minimum of 600 lots shall be 7,200 sq. ft. or greater inclusive of a minimum of 100 lots
being 14,800 sq. ft. or greater. This shall be tracked on each filed subdivision preliminary
plat and final plat (proposed, previously platted, remaining yield).
d.
The developers shall provide a cumulative total of open space with each preliminary and
final plat to determine compliance with the 150 acres of open space. Further, the project
shall have not less than 2 primary active parks as depicted on the DMP narrative Exhibit
G. Further, not less than 11 neighborhood passive mini-parks be provided. At the time of
each preliminary plat submission, the master developer shall include a description of the
status of the cumulative open space of primary and mini-parks with park numbers with
respect to the requirements of this condition. A description of the types of recreational
amenities that will be included in the primary and mini-parks shall be submitted with all
preliminary plats.
DMP2023001 & Z2023039
Page 23 of 27
e.
Landscaping of all common areas and open spaces, except for identified recreational
areas shall consist of indigenous and or low water use species.
f.
All irrigation of common areas shall be in compliance with Arizona Department of Water
Resources regulations. When sufficiently available, all irrigation of common areas and golf
courses shall be done entirely with renewable supply of water, such as reclaimed water,
surface water or Central Arizona Project (CAP) water.
g.
All park facilities shown on plats shall be completed concurrently with residential
development. Park facilities and amenities shall be identified on all applicable plats. All
significant washes and riparian vegetation shall be retained in their natural state as
identified in Exhibit K of the West Thirty-Six Conceptual Open Space Plan.
h.
All existing specimen quality vegetation shall be preserved or transplanted on-site. All
introduced landscaping (other than 12 acres of putting course and common area turf)
shall be indigenous desert plants and trees or included on ADWR’s Phoenix AMA Low
Water Use / Drought Tolerant Plant List.
i.
The Master Plan area shall be surveyed by a qualified archaeologist and a report
summarizing the findings shall be submitted to the State Historic Preservation Officer,
prior to the approval of any preliminary plats or plans for the development of the property.
j.
The following R1-6 RUPD zoning district standards shall apply:
1. Number of stories: 1-story
2. Minimum Front Yard: 18’ or 10’ for side-loaded garages, porches or livable areas of
dwelling unit
3. Minimum Rear Yard: 15’
4. Lot Width: 50’
5. Average Lot Area per Dwelling Unit: 10,500 sq. ft.
6. Maximum Lot Coverage: 55%
7. Hillside: The extent of all disturbance on that portion of a lot which has a natural slope
of 15% or greater, shall be limited to a total disturbance within the gross lot area not
to exceed 75,000 square feet, except that disturbance related to the driveway and
utility connections may extend outside the lot’s buildable area to the street line or other
lot line.
k.
The following C-2 CUPD zoning district standards shall apply:
1. Parking: 1 space per 250 sq. ft. of conditioned building area (exterior areas such as
patios, pool decks, etc. are exempt from parking requirements)
2. Walls and screening adjacent to Residential zoning: No minimum screening
requirements.
3. Walls and screening for outdoor use: No minimum screening requirements.
l.
The C-2 CUPD zoning and narrative report include restrictions on specific land uses not
allowed for the commercial zoning district. These restricted land uses include the
following uses:
1. Adult oriented businesses
2. Automotive repair type businesses
3. Medical marijuana establishments
4. Other obnoxious uses
DMP2023001 & Z2023039
Page 24 of 27
5. Antique shops
6. Arcades
7. Automobile parts and supplies
8. Business schools
9. Cleaning agencies, laundry agencies, pressing establishments and self-service
laundries, including self-service dry cleaning machines, provided there is not cleaning
of clothes on the premises.
10. Privately owned or operated stations for fire protection, police or security service,
ambulance or other emergency service providers.
11. Gasoline service stations
12. Key, locksmith or gun shops
13. Liquor stores limited to retail sale of package goods for off-site consumption.
14. Public schools; elementary, high school and college
15. Radio and television shops, including repair
16. Service to the public of water, gas, electricity, telephone, cable television and sewage
including wastewater treatment plants.
17. Variety or notion stores
18. Video rental stores
19. Any use permitted in the R-5 Multi-Family Residential Zoning District.
20. Temporary construction administration offices/yard complex.
21. Art metal and ornamental iron shops
22. Awning and canvas stores.
23. Boat sales, including an outside display area, providing all sales and repair activities
are conducted within a building.
24. Cabinet and carpenter shops.
25. Electrical fixtures and appliance sales, repair and service.
26. Feed stores, inside storage only.
27. Funeral homes, mortuaries and chapels.
28. Gas (butane or propane), retail sales of.
29. Farm animal (horse, cattle and other farm animal) medical clinics and surgical
hospitals.
30. Plumbing shops.
31. Pool halls and billiard centers.
32. Radio and television broadcasting stations and studios, but not including transmitter
towers and stations.
33. Taxidermists
34. Tinsmith shops
35. Upholstery shops
36. Self storage facilities
37. Halfway houses
38. Boarding houses
m.
Prior to initial Final Plat approval or initial precise plan of development approval, the
applicant shall submit to the Maricopa County Planning and Development Department
confirmation of service by EPCOR and verification of approval of a 208 Amendment
approved by the Maricopa Association of Governments Regional Council for sewer
service.
n.
The following Maricopa County Environmental Services Department (MCESD) conditions
shall apply:
DMP2023001 & Z2023039
Page 25 of 27
1. An Approval to Construct application is required and must be submitted to MCESD’s
Subdivision & Infrastructure Program for water, reclaimed water and/or wastewater
system infrastructure.
2. A will serve letter issued by the Utility is required and must be submitted to MCESD’s
Subdivision & Infrastructure Program if the site/development will be provided with
water and/or reclaimed water by a Utility. A capacity assurance letter issued by the
Utility is required to MCESD’s Subdivision & Infrastructure Program if the
site/development wastewater service is being provided by a Utility.
3. An Approval of Sanitary Facilities (Subdivision) application is required for MCESD’s
Subdivision & Infrastructure Program for Subdivisions with Single Family Residences.
o.
The following Planning Engineering conditions shall apply:
1. Without the submittal of a precise plan of development, no development approval is
inferred by this review, including, but not limited to number of proposed building
lots/units, drainage/flood design, access and roadway alignments. These items will
be addressed as development plans progress and are submitted to the County for
further review and/or entitlement.
2. Updated Traffic Studies must be submitted with each subsequent entitlement
application(s) (preliminary plats or plans of development as the case may be).
3. Each plat within the development must contain at least two (2) points of access in
accordance with Maricopa County (MCDOT) Ordinance P-36 Article V. Each plat
must be able to standalone with respect to site access and drainage requirements.
4. The site is encumbered by large areas of Special Flood Hazard Areas (SFHAs)
(FEMA Zone AE Floodplains). A CLOMR (and subsequent LOMR) is required to
remove all proposed residential building lots and other development from the SFHAs.
5. Downstream discharges of the SFHAs are directed towards existing residential
subdivision(s). The current discharge location and characteristics must be
maintained as part of the CLOMR/drainage design.
6. The are several non-delineated washes that traverse the site that discharge along
the south and east boundaries. These historic discharges must be maintained as
part of the overall drainage design.
7. A singular overall master preliminary plat must be submitted for the entire
development to address the overall drainage design for the project. Areas proposed
for development should be designated as tracts (that will be subsequently re-platted
to contain their own individual drainage & circulation designs). The master plat must
include the main circulation corridor(s) that will feed each of the tracts. This master
plat must be approved before any final plat can be approved.
8. The Owner/Applicant is responsible for identifying and procuring any permit(s) for
disturbance of, or work within delineated jurisdictional (404) washes from the US
Army Corps of Engineers.
9. Engineering review of DMP & Zoning cases is conceptual in nature. All development
and engineering design shall be in conformance with Section 1205 of the Maricopa
County Zoning Ordinance; Drainage Policies and Standards; Floodplain Regulations
for Maricopa County; MCDOT Roadway Design Manual; and current engineering
policies, standards and best practices at the time of application for construction.
p.
The following Maricopa County Department of Transportation (MCDOT) Traffic
Engineering conditions shall apply:
1. The Traffic Impact Study is Conditionally Approved only as it pertains to the
DMP2023001 application. The conditional approval is based on the response letter
dated 8/21/2023 stating the developer will (be) “addressing all of these comments in
DMP2023001 & Z2023039
Page 26 of 27
their entirety with the first submittal of a preliminary plat for the first phase of this
project.”
2. Provide/maintain a minimum of 100’ right-of-way on Rio Verde Dr. plus any additional
right-of-way as it relates to the signal, turn lanes and any other improvements along
stie frontage.
3. Provide/maintain a minimum of 100’ right-of-way along site frontage of 176th St., plus
any additional right-of-way as it relates to the improvements along site frontage.
q.
The applicable 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 within public rights-of-way, and all pedestrian, bicycle,
and multi-use paths. The developer shall include deed restrictions that state grass or
natural turfed areas at individual residences in the front yard is prohibited. Animal barrier
fencing will be permitted in the CC&Rs.
r.
The master developer shall be responsible for the construction of all private on-site roads
within the Development Master Plan. The master developer shall provide emergency
access along the western portion of the community to 176th St.
s.
Administrative approval of a Plan of Development will be required prior to approval and
issuance of construction permits to develop and establish use of the site. Prior to
issuance of a building permit, written confirmation will be required from the emergency
fire protection jurisdiction having authority that the facility has been designed in
accordance with their regulations and requirements, and that emergency fire protection
service will be provided to the facility. Prior to issuance of the certificate of occupancy,
local fire protection jurisdiction review and approval will be required.
t.
The master developer shall notify all future 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).
u.
Noncompliance with any Maricopa County Regulation shall be grounds for initiating a
revocation of this Zone Change as set forth in the Maricopa County Zoning Ordinance.
v.
The property owner/s and their successors waive claim for diminution in value if the
County takes action to rescind approval due to noncompliance with conditions.
w.
The granting of this change in use of the property has been at the request of the applicant,
with the consent of the landowner. The granting of this approval allows the property to
enjoy uses in excess of those permitted by the zoning existing on the date of application,
subject to conditions. In the event of the failure to comply with any condition, the property
shall revert to the zoning that existed on the date of application. It is, therefore, stipulated
and agreed that either revocation due to the failure to comply with any conditions, does
not reduce any rights that existed on the date of application to use, divide, sell or possess
the property and that there would be no diminution in value of the property from the value
it held on the date of application due to such revocation of the Zone Change. The Zone
DMP2023001 & Z2023039
Page 27 of 27
Change enhances the value of the property above its value as of the date the Zone Change
is granted and reverting to the prior zoning results in the same value of the property as if
the Zone Change had never been granted.
Presented by:
Rachel Applegate, Senior Planner
Reviewed by:
Matthew Holm, AICP, Planning Supervisor
Attachments:
Case Maps (2 pages)
DMP Land Use Plan (1 page)
Zoning Exhibit (reduced 8.5”x11”, 1 page)
DMP Narrative Report (44 pages)
Zoning Narrative Report (53 pages)
MCESD comments (4 pages)
DPR comments (2 pages)
EPCOR Will Serve Letter (2 pages)
Toll Brothers Letter & New Matrix World Engineering Summary & Hydrological Model (7 pages)
Gary Baker comments (2 pages)
Jack Farmer comment (3 pages)
/
Maricopa County Planning & Development - Phoenix, AZ
2
Gross Acres: 490 approx.
Generated September 5, 2023 1:45 PM
DMP2023001
Application Name:
Legal Description
WEST THIRTY SIX
Applicant
Case Address
,
William Lally for Tiffany & Bosco, PA
Applicant Phone/Email
Parcel Primary:219-38-981
602.452.2716
wel@tblaw.com
Map scale 1:12,890
Supervisor District No.
219-38-038H, 219-38-038P, 219-38-038R+
DMP AMENDMENT TO DMP90-4 FOR A CHANGE IN APPROVED LAND USE CATEGORIES // TOLL
BROTHERS - WEST THIRTY SIX
/
Maricopa County Planning & Development - Phoenix, AZ
2
Gross Acres: 490 approx.
Generated September 5, 2023 1:37 PM
Z2023039
Application Name:
Legal Description
WEST THIRTY SIX
Applicant
Case Address
,
William Lally for Tiffany & Bosco, PA
Applicant Phone/Email
Parcel Primary:219-38-981
480.240.1818
wel@tblaw.com
Map scale 1:12,890
Supervisor District No.
219-38-038H, 219-38-038P, 219-38-038R+
ZONE CHANGE WITH OVERLAY FROM RURAL-43 TO R1-6 RUPD AND C-2 CUPD FOR A FUTURE SINGLE
FAMILY RESIDENTIAL COMMUNITY // TOLL BROTHERS - WEST THIRTY SIX
1
West Thirty-Six
Narrative for Development Master Plan Amendment
Proposed update to the existing Verde River Development Master Plan
Approx. 490 acres at the southeast corner of Rio Verde Drive and 176th Street in
unincorporated Maricopa County, Arizona.
Case #: DMP2023001
First Submittal: March 31, 2023
Second Submittal: June 30, 2023
(Related Zone Change Request: Z2023039)
DMP2023001
07/06/2023 9:33:51 AM
2
Owner
West Thirty-Six Company
25609 Danny Ln.
Rio Verde, AZ 85263
Tel: 480.596.5815
Contact: Jim Thomson
Applicant
Toll Brothers & Shea Homes
8767 E. Via De Ventura, Suite 390
Scottsdale, AZ 85258
Tel: 480.596.5815
Contact: Colin Phipps
Attorney
Tiffany & Bosco
2525 E Camelback Rd.
Phoenix, AZ 85016
Tel: 602.255.6000
Contact: William Lally
Civil Engineer
Coe and Van Loo
4550 N. 12th St.
Phoenix, AZ 85014
Tel: 602.285.4891
Contact: Parker Froehlich
Land Planner
Greey -Picket
7144 E Stetson Dr Suite #205
Scottsdale, AZ 85251
Tel: 480.609.0009
Contact: Wendell Pickett
3
Table of Contents
A.
Executive Summary…………………………………………………………………………………………………………4
1.
On-Site and Regional Location .................................................................................................... ……..6
2. DMP Size and Description of Land Use Types by Acreages…………………………………….….....7
3. Physcial Features and Existing Conditions………………………………………………………………......8
4. Roads/Transportation Systems Serving the Proposed Project….……………….……………......8
5. Suitability with Surrounding Land Uses……………………..………………………………………….….....9
6.
Proposed changes to DMP 90-4 Approved Conditions/Stipulations…......…......…….........10
7. Anticipated Community Services…………………………………………………………………………………..11
i. Water & Wastewater……………………………………………………………………………………………....11
ii. Electric…………………………………………………………………………………………………………………..12
iii. Natural Gas…………………………………………………………………………………………………………...12
iv. Telecoms……………………………………………………………………………………………………………….12
v. Fire…………………………………………………………………………………………………………………………12
vi. Police……………………………………………………………………………………………………………………..13
vii. Drainage/Flood Zone…………………………………………………………………………………………….13
viii. Schools…………………………………………………………………………………………………………………13
8. Suitability Analysis…………………………………………………………………………………………………………13
9. Development Phasing……………………………………………………………………………………………………..13
B.
Whether the amendment constitutes an overall improvement to the Comprehensive Plan
and is not solely for the good or benefit of a particular landowner or owners at a particular
point in time…………………………………………………………….…………........................................................15
C.
Whether the amendment will adversely impact all or a portion of the planning area
by:…………………………………………………………………………………………………………….…………................15
D.
Whether the amendment is consistent with the overall intent of the Comprehensive Plan…….17
E. Consistency with Land Use Plans Goals, Policies, and Objectives………………………………………..17
Conclusion………………………………………………………………………………………………………………………………..21
4
A.
Executive Summary
The Applicant desires to develop a single-family residential community on an approximately
490-acre property currently located within unincorporated Maricopa County. The seven (7)
existing parcels (the “Property” or “West Thirty-Six”) are located in the Rio Verde area within
the northeast section of Maricopa County (See Exhibit A: Parcel Map, See Exhibit B: Legal
Description). The Applicant proposes to develop a new upscale master planned residential
community with ten (10) single-family residential development neighborhoods/areas
including varying types of lot sizes and home designs (See Exhibit C: Vicinity Map).
The Property is currently known as the Verde River Development Master Plan (DMP83-6,
DMP86-5, and DMP-90-4) (“Verde River DMP”). The Verde River DMP (also known as Tonto
Vista DMP) was approved in 1991, and currently consists of single-family residential, multi-
family residential, open space, and golf course land uses, for a gross density of approx. 1.23
d.u./ac. (See Exhibit D: Verde River DMP (DMP90-4).
To facilitate the future development of the Property, this application seeks a Development
Master Plan Amendment (“DMP Amendment”) to change the DMP future land use
designations approved under the Verde River DMP (Urban Residential/Very Low Density,
Urban Residential/Low Density, Urban Residential/Medium Density and Open Space) to
Single Family Suburban Lot (2-3 d.u./ac.) and Miscellaneous Retail. (See Exhibit E:
Conceptual Land Use Plan).
The maximum number of residential units requested is 1,200 with varying lot sizes
throughout the community, resulting in an overall gross density of approximately 2.45
d.u./ac.. The proposal also eliminates the already approved 36-hole golf course component
and removes any future land use categories that would allow for the previously approved
multi-family “cluster” housing. The project’s estimated population is approximately 2,508
persons based on a maximum of 1,200 dwelling units and an average household size of 2.09
persons in the City of Scottsdale (source: US Census Bureau).
The development will include 150 acres of open space for a total of 31% open space and a
robust trail system throughout the site with a mixture of primary and secondary trails for
community circulation (See Exhibit F: Conceptual Open Space Plan and Exhibit G:
Conceptual Parks and Trails Plan). Open space areas will include a variety of enhanced,
natural, and passive areas. The natural areas will be left in their natural state while passive
areas will be re-vegetated with native plants. Both will feature trails as their primary
amenity. The enhanced areas would be landscaped with native plants and select drought
resistant plant material to create aesthetic focal points throughout the community that are
further activated and structured for social engagement with amenities such as structural
shade features, seating and picnic areas, game tables, turf areas, overlooks, trails, dog parks,
etc. A companion zoning case (case # Z2023039) will be submitted concurrently to request
R1-6 RUPD (Residential Unit Plan of Development) and C-2 CUPD zoning to enable the design
and construction of the proposed single-family community and associated community
clubhouse site. The aforementioned open space areas will be incorporated throughout both
the R1-6 RUPD and C-2 CUPD districts. Theming elements for future community design
options can be found under Exhibit H: Community Theming.
5
Although the existing Single Family Suburban designation requires a larger lot zoning
district, smaller lot sizes allow ‘clustering’ of development and more meaningful open spaces
within dedicated common areas vs private yards. The companion rezone to R1-6 RUPD is
structured to require a variety of lot sizes while still achieving the 2-3 d.u./ac. density range.
Vision 2030 Proposed Land Use
Designations
6
1. On-Site and Regional Location
Project Data
A.P.N.
219-38-981, 219-38-043, 219-38-038H, 219-38-038P, 219-38-
038R, 219-38-044, & 219-38-045
Current Land Use
Vacant/Undeveloped
Gross Site Area
Approximately 490 acres
Existing DMP Land Use
Designations
Verde River Development Master Plan:
Urban Residential Very Low Density, Urban Residential Low
Density, Urban Residential Medium Density, and Open Space
land uses
Proposed DMP Land
Use Designations
West Thirty-Six Development Master Plan Amendment:
Single Family Suburban (2-3 d.u./ac.)
Miscellaneous Retail
Current Zoning District
RU-43
Proposed Zoning
District (case #
Z2023039)
R1-6 with RUPD Overlay and C-2 CUPD
Gross Site Area
Approximately 490 Acres
Area Plan
Rio Verde Area Plan
Supervisorial District
Supervisorial District 2 – Thomas Galvin
7
The Property is located within the Rio Verde area in northeast unincorporated Maricopa
County. Rio Verde is a census-designated place and is approximately 40 miles northeast of
central Phoenix, 25 miles from Scottsdale, and 10 miles from Fountain Hills. The Tonto
Verde master planned community is to the east, the Rio Verde master planned community is
to the southeast, the Trilogy Verde River Master Planned community is to the north of Rio
Verde Drive, rural/residential un-subdivided properties are west, and the approximate
21,000 acre McDowell Mountain Regional Park is to the south. (See Exhibit I: Site Analysis
– Existing Conditions Map). The West 36 development will not encroach onto the Regional
Park, will continue to maintain the existing fencing separating the Park from the Property
(along with appropriate trespassing signage), and will not facilitate any pedestrian access to
the Park unless an agreement can be made with County Parks with respect to access and
fees. There is no plan to add any additional parking or any public access on the project
property. (See Exhibit J: Adjacent Landowners Map)
The adjacent Tonto Verde, Rio Verde and Trilogy Verde River subdivisions to the east and
north include various single and multi-family residential zoning districts and land uses. (See
Exhibit K: Site Analysis – Existing Land Uses Map and Exhibit L: Site Analysis – Existing
Zoning). Both of these communities have golf courses, clubhouses, and other community
amenities throughout. Similarly, West Thirty-Six will feature various sized single-family
residential lots, ample open spaces, and resort-like amenities that could include trails, pocket
parks, food and beverage facilities, putting course, pickle ball courts, bocce ball, community
pool, water/monument features, fitness and spa facilities, event and meeting spaces,
administration spaces, among others.
2. DMP size and description of land use types by acreages
The request is to amend the existing Verde River DMP, which was last amended on February
19, 1991 under case # DMP 90-4. The currently proposed amendment would change the
future land use designations from Urban Residential Very Low Density (UR/VL), Urban
Residential Low Density (UR/L), Urban Residential Medium Density (UR/M), and Open
Space (OS) to Single Family Suburban (2-3 d.u./ac.) and Miscellaneous Retail. (See Exhibit D:
Verde River DMP (DMP90-4) Land Use Plan; See Exhibit K: Current Land Use
Designations. The current Verde River DMP allows for approximately 1.23 d.u./ac. and the
request would be to allow between two (2) and three (3) d.u./ac. with an anticipated density
of 2.45 d.u./ac.
The proposed Conceptual Land Use Plan depicts 17 acres (approximately 4% of the total
gross acreage) designated for Miscellaneous Retail as part of the community clubhouse
parcel and 473 acres for Single Family Suburban. Also, the Conceptual Land Use Plan
consists of approximately 322 acres or 65% of the total gross acreage for residential
School District
Cave Creek Unified School District
8
development parcels, and approximately 150 acres or 31% of gross acreage dedicated for
open space. (See Exhibit E: Conceptual Land Use Plan). Development would be limited to a
maximum of 1,200 dwelling units (single-family only). Previous DMP 90-4 was approved to
include 474 single-family housing units, 132 units for multi-family “cluster housing”, and a
36-hole golf course. The previously approved golf course and multi-family components
are proposed to be removed with this DMP amendment.
The proposal would allow for a planned residential community utilizing the County’s RUPD
overlay (with the related rezone request) to amend development standards and provide for
a variety of single-family lots sizes, open space amenities, and internal tracts for private
streets.
3. Physical Features and Existing Conditions
The Property in general is vacant desert land with terrain sloping at about a 1% grade to the
east towards the Verde River and Tonto National Forest. There are a number of washes or
arroyos traversing the site from west to east towards the Verde River, resulting in portions
of the Property being classified as Zone AE on the Federal Emergency Management Agency
(“FEMA”) Flood Designation Map. A Conditional Letter of Map Revision will be processed
through the final platting process in order to remove portions of the AE floodplain from the
project area. The southwestern corner has a cluster of small hills portions of which qualify
as Hillside per Chapter 12 of the MCZO. There are 12kV overhead powerlines along the north
and east borders of the Property and 69kV overhead powerlines along the south and west
peripheries. Subject to SRP approvals, the 12kV lines will be undergrounded through the
course of development while the larger 69kV lines will remain in place. There are EPCOR
water mains bounding the project on its north, west and south borders, while sewer mains
are located in Rio Verde Drive and adjacent to the east in Tonto Verde. There is also a system
of lakes on 9 acres that were constructed on site back in 1986 in anticipation of a future golf
course. The lakes are intermittently supplied by EPCOR/Rio Verde Utilities effluent water
when it cannot be used for golf course irrigation purposes. The lake features will be removed
as each phase of development is graded and any excess effluent, to the extent there is any,
will be re-directed for irrigation or re-charge, on-site or elsewhere within the Rio Verde
Utility District. (See Exhibit M: Site Analysis – Physical Features Map).
4. Roads/transportation systems serving the proposed project
The Property is located on the south side of Rio Verde Drive, which is the main access to the
Rio Verde area from City of Scottsdale and the main ingress/egress locations planned for
West Thirty-Six. Rio Verde Drive also eventually accesses Forest Road to the east where
McDowell Mountain Road to the south has connections to Fountain Hills and ultimately SR-
87 to access the Phoenix metro area.
The 176th Street alignment is located just west of the Property and will be improved to a half-
street section. The proposed internal circulation system is similar to the existing DMP in that
9
access is taken off Rio Verde Drive and the streets are gated and privately maintained by an
HOA. However, the proposed density (2.45 d.u./ac.) and stricter regulation/protection of
wash corridors has necessitated constructive revisions, including an additional access point
on Rio Verde Drive and fewer wash crossings. The main access to the Property, which will
be guard gated and feature privately maintained streets throughout, would be from two (2)
separate entrances on Rio Verde Drive aligning with existing driveways on the north side of
the road. A median divided, interior spine road, configured in an upside down “Y” design, will
collect traffic from the local street network, thereby facilitating efficient north-south
movement through the community and minimizing impacts to the site’s natural wash
corridors. The local street network predominantly runs east-west in a series of cul-de-sacs
and looping streets, bound by the natural wash corridors, and allowing lots to step down
with the natural grade. Secondary and emergency access points would be determined at the
time of platting when full site design and technical review involves comprehensive traffic
studies and reports. However, it is anticipated that 176th Street will provide a number of
secondary and/or emergency access points, as will emergency access ways connecting local
streets to the spine road, and local streets to other local streets in adjacent parcels. Drainage
and practical constraints prevent additional vehicular connections to the west into Tonto
Verde, while vehicular connections to the south through the County Park are similarly
impractical.
5. Suitability with surrounding land uses
The proposed changes to the existing Verde River DMP land use designations to Single
Family Suburban Lot (2-3 d.u./ac.) land use designation will allow for a master residential
developer to create a land plan that provides for thoughtful and sustainable residential
development in the Rio Verde area keeping in mind other existing developments in the area
with similar densities.
Since the 1970’s, the Rio Verde area has long had a tradition of developing large scale master
planned communities that plan for appropriate water and sewer infrastructure, roadway
improvements and support services. Understanding that it would take time for the market
to absorb housing inventory from the preceding MPC’s in the area, but recognizing the need
to cohesively plan the area’s future infrastructure needs as adjacent MPC’s were planned and
developed, the subject Property received a DMP approval in 1983.
Tonto Verde to the east had many phases of development with many different plats over the
years of the larger DMP of approximately 695 acres. Similarly, to the south of Tonto Verde is
the original Rio Verde DMP, which started developing in 1974 on approximately 710 acres.
These two master planned communities are mostly developed with multiple zoning districts
for single and multi-family residential with varying lot sizes and products and include golf
courses and other community amenities and facilities. The Rio Verde Area Plan states that
other communities planned in the area at the time include a density range of 2-4 d.u./ac.
More recently, the approximate 856-acre Trilogy at Verde River (formerly Verde River DMP)
across Rio Verde Road to the north was approved in 2001 and continues to develop with
various lot sizes and types of housing. It has a density close to 2 d.u./ac. and also includes a
golf course, R-3 zoning and other community features.
10
The requested changes to the Verde River DMP seek significant community amenities similar
to those established in other developments in Rio Verde, albeit updated to reflect current
consumer preferences, but removes the golf course component already offered by the other
nearby master planned communities. Furthermore, the removal of multi-family type zoning
will allow for a variety of single-family housing products and varying lot sizes. This unique
single-family based community will also include ample common area open spaces to provide
for an ideal transition between these existing planned developments at the east end of Rio
Verde and the larger lot rural land uses to the west.
Compatibility with the existing nearby master planned communities aside, the proposal
provides a more responsible and sustainable alternative to the currently approved DMP, and
the prevailing pattern of wildcat sprawl that characterizes the Rio Verde Foothills. While the
project will generate additional traffic given the incremental increase in density, the traffic
impact analysis for the project indicates acceptable levels of service will be maintained.
More importantly, the proposed additional density coupled with removal of the golf courses
result in a significant net decrease in the water demand associated with the project. As
described further within the narrative the applicant has gone through great lengths to
understand the availability of groundwater, and assure a long-term water supply for the
project without negatively impacting existing communities or residents. Additionally, the
project will make a number of improvements to the capacity and capability of EPCOR’s
existing utility infrastructure, thereby benefitting existing communities and residents.
Finally, while the character of the project is more closely aligned to that of the existing nearby
master planned communities, which conceptually and materially were in place long before
Rio Verde Foothills materialized, the project will maintain a rustic character through
celebratory architectural theming and the provision of high value open spaces, including
through natural wash corridors and buffers along project boundaries.
6. Proposed changes to DMP 90-4 Approved Conditions/Stipulations
With the requested updates to the existing DMP, the Applicant proposes to eliminate and/or
modify the following conditions/stipulations of approval specific to the previous anticipated
development that are no longer applicable.
Since the golf course element will be removed with this DMP amendment, it is not necessary
to keep some of the related conditions, otherwise modified conditions also shown below:
j.
The golf courses shall not include more than 150 acres of turfed area.
k.
All existing specimen quality vegetation shall be preserved or transplanted on-site.
All introduced landscaping (other than 150 acres of golf course 12 acres of putting
course and common area turf) shall be either indigenous desert plants and trees or
included on ADWR’s Phoenix AMA Low Water Use / Drought Tolerant Plant List.
m.
Within thirty (30) days of January 31, 1992, the developer shall report back to staff
on the status of the use of sewage effluent in refilling the lakes and irrigating the golf
courses.
n.
Golf course fairways will be replanted with as much native vegetation as possible.
11
o.
The irrigation system should be of the type which keeps over-spray, and wind drift to
a minimum.
q.
Aquatic plants will be utilized in the lakes as a food source for wildlife.
t.
The use of potable groundwater in refilling lakes and irrigating the golf courses is
prohibited.
u.
Development of the residential and golf course areas with a Residential Unit Plan of
Development or equivalent.
7. Anticipated Community Services
This application request will not adversely affect County and private facilities and
services and will not have an adverse effect on existing or future public and private
open space, recreation, or schools. The following list identifies public and private
services believed to be available to the development (See Exhibit N: Site Analysis –
Services & Facilities):
•
Water – EPCOR
•
Sewer – EPCOR
•
Electric – SRP
•
Natural Gas – None
•
Telecoms – Cox/Century Link
•
Police – Maricopa County Sheriff’s Office
•
Fire – Rio Verde Fire District
•
Schools - Cave Creek Unified School District
i.
Water & Wastewater
The Property falls within the existing Certificate of Convenience and Necessity
(CC&N) for EPCOR’s Rio Verde Utilities (RVU) Water District and as such EPCOR
will be the water provider for this project. Because EPCOR is not a Designated
Supplier, a Certificate of Assured Water Supply (CAWS) will need to be obtained
from the Arizona Department of Water Resources (ADWR) prior to any Final Plat
approvals. To this end, the applicant submitted a hydrogeological model for the
Fountain Hills Sub-basin (which up until this point had not been studied or
modeled using modern techniques) and an application for an Analysis of Assured
Water Supply (AAWS) to ADWR in September 2022. ADWR provided comments
on the model and AAWS application in late March 2023 and both were
resubmitted to ADWR in June 2023. Given that the model findings support a
physical availability determination, ADWR approval of the hydrogeological model
and AAWS application is expected sometime in Fall/Winter 2023. Thereafter
approval of a CAWS could occur in mid to late 2024. Note ADWR’s recent
announcement that it would stop issuing CAWS’s in the Phoenix AMA is not
12
applicable to West Thirty-Six because West Thirty-Six falls within the Fountain
Hills Sub-basin, which is outside of the extents of the updated water model used
by ADWR as the basis of its decision to cease issuing CAWS’s elsewhere in the
AMA. In regards to infrastructure, development of West Thirty-Six will require it
to make certain water infrastructure improvements, including additional storage,
pressure boosting, and well pumping firm capacity. The applicant is currently
working with EPCOR to refine the scope, location, and timing of these
improvements. Running concurrently with the assured water entitlements,
EPCOR and Salt River Project (SRP) are negotiating an update to the existing
exchange agreement that allows EPCOR to operate wells near the Verde River in
exchange for EPCOR providing water resources to SRP. Among other things, the
update will extend the term of the agreement, introduce additional sources, and
update the volume of water that can be pumped from EPCOR’s near-river wells to
reflect additional demand from West Thirty-Six and other future projects. West
Thirty-Six will be expected to contribute water resources towards the exchange
agreement. Finally, West Thirty-Six is not involved with EPCOR’s pending
“standpipe” CC&N case (ACC Docket W-01303A-22-0264), the water resources
associated with that case, or its consolidation into the Sonoran Water District, and
as such the outcome of West Thirty-Six’s land use entitlements and subsequent
potential development of the Property should have no bearing on the outcome of
the standpipe issue.
EPCOR will also provide West Thirty-Six with sewer service. If and when zoning
entitlements are secured the applicant will work with EPCOR to initiate the CC&N
expansion process with the Arizona Corporate Commission to bring the Property
within the service area of EPCOR’s Rio Verde Utilities Wastewater District. Similar
to potable water, development of West Thirty-Six will require it to make certain
sewer infrastructure improvements, including upsizing offsite mains in Forest
Drive and expansion of treatment capacity at the Rio Verde WWTP.
ii.
Electric
Salt River Project (SRP) is the electrical utility provider for West Thirty-Six and
has sufficient existing capacity and abutting infrastructure to serve the project.
iii.
Natural Gas
The nearest natural gas facilities are located approximately 5 miles to the west.
Southwest Gas indicates that extending these facilities to the Project would be cost
prohibitive. Therefore, West Thirty-Six, like the other master planned
communities in the area, will not have gas service.
iv.
Telecoms
Both Cox Communications and Century Link have facilities in the area and will be
able to service the Project.
v.
Fire
The project has long been intended to be annexed into the Rio Verde Fire District,
which will benefit from additional property tax proceeds. Accordingly, a formal
13
annexation petition will be submitted to the Fire District’s Board of Directors once
the property is ready to be developed (i.e. final plats and plans for initial phases
have been approved). A fire station is directly adjacent to this proposal.
vi.
Police
The property falls within falls within the Maricopa County Sheriff’s Patrol
District 7 which is based in Fountain Hills and serves Fountain Hills and
unincorporated areas of Scottsdale, Rio Verde, Tonto Verde, Trilogy at Verde
River and Goldfield Ranch
vii.
Drainage/Flood Zone
The project is located in Zone’s X and AE on the Federal Emergency Management
Agency (“FEMA”) Flood Designation Map. A Conditional Letter of Map Revision
will be processed through the final platting process in order to remove portions
on the AE floodplain from the project area.
viii.
Schools
The Property is located within the Cave Creek Unified School District area. With
the proposed development marketed towards an active adult lifestyle and
community, a new school isn’t planned nor needed for the project population.
8. Suitability Analysis
The benefits of the future West Thirty-Six development and master planned
communities in general is the ability to address issues of water, traffic, open space,
drainage, etc. at a large scale planning level. The Rio Verde Foothills to the west of the
Property is filled with “wildcat” lot splits and development that is not planned. This
includes roadways, homes, accessory buildings, and “storage” areas that have graded
and cut through the natural environment, disrupting wash corridors and existing
drainage patterns while exacerbating erosion and sedimentation. In contrast, West
36 will maintain its natural wash corridors, provide engineered drainage and
stormwater solutions, and ensure a specified amount of open space with community
amenities and benefits for future residents. The internal roads will be paved and
maintained by the HOA, which also cuts down on dust control issues that the lot split
areas typically experience. Most importantly, West Thirty-Six will have an assured
water supply facilitated by a well-regarded, regulated utility, thereby ensuring the
community, and the responsible growth it symbolizes, will be sustainable for
generations to come. While the DMP amendment introduces additional density and
traffic to the area, it does so in a form and substance that is complimentary to the
adjacent master-planned communities, and provides a responsible and sustainable
alternative to haphazard wildcat sprawl.
9. Development Phasing
It is expected that the Property, including onsite and offsite infrastructure, will be
developed in multiple phases over a number of years. All infrastructure necessary to
14
service the project will be constructed by, or caused to be constructed by, the
Applicant when necessary to do so – there will be no public facilities provided by the
County. Although subject to modification and refinement as the project progresses,
the project could potentially be developed per the following sequence and timeline
(See Exhibit O: Conceptual Phasing Plan):
• Phase 1: Start Q1 2025
o Offsite Sewer – Install new sewer main Desert Forest Drive from Rio
Verde Drive to the Rio Verde WWTP.
o Rio Verde WWTP Ph 1 Expansion – Cause the capacity of the Rio Verde
WWTP to be increased approximately 100,000 gpd.
o RVU Water System Upgrade – Cause the RVU water system to construct
approximately 300,000 gallons of potable water storage, treatment,
and
associated
pumping/boosting
capacity,
and
bring
on
approximately 500 gpm of additional well firm capacity.
o Rio Verde Drive Widening – As indicated by the TIA, widen Rio Verde
Drive to accommodate deceleration, acceleration, and left turning
lanes.
o Interior Spine Road Ph 1 – Construct primary interior collector from
main entrance on Rio Verde Drive to the south boundary of parcels A
and B.
o 176th Street Half Street Ph 1 – Construct half street improvement from
Rio Verde Drive to the southern boundary of parcel B.
o Main Entry
– Construct main entry featuring landscaping,
monumentation, vehicular gates and guardhouse.
o Parcel Development: Develop in-tract improvements for parcels A and
B.
• Phase 2: Start Q1 2026
o Interior Spine Road Ph 2 – Construct primary interior collector from
parcels A and B south to parcels C and D.
o 176th Street Half Street Ph 2 – Construct half street improvement from
parcel B to parcel D.
o Community Center Complex Ph 1 – Construct initial phase of
community center, including approximately 10,000 SF of building
space and a portion of the outdoor recreation facilities and pool.
o Parcel Development – Develop in-tract improvements for parcels C and
D.
• Phase 3: Start Q1 2028
o Rio Verde WWTP Ph 2 Expansion – Cause the capacity of the Rio Verde
WWTP to be increased approximately 70,000 gpd.
o Interior Spine Road Ph 3 – Construct secondary interior collectors from
parcels C and D south to parcels G and H.
o 176th Street Half Street Ph 3 – Construct half street improvement from
parcel D to parcel H.
o Community Center Complex Ph 2 – Construct final phase of community
center, including approximately 6,000 SF of building space and
remaining portions of the outdoor recreation facilities.
15
o Parcel Development – Develop in-tract improvements for parcels E, F,
G, and H.
• Phase 4: Start Q1 2030
o Interior Spine Road Ph 4 - Construct secondary interior collectors from
parcels G and H to parcels I and J.
o Parcel Development – Develop in-tract improvements for parcels I and
J.
B.
Whether the amendment constitutes an overall improvement to the
Comprehensive Plan and is not solely for the good or benefit of a
particular landowner or owners at a particular point in time.
Previous DMP’s modified the Verde River DMP to allow for Urban Residential Very Low
Density (UR/VL), Urban Residential Low Density (UR/L), Urban Residential Medium Density
(UR/M), and Open Space (OS). This proposed amendment update would simplify the land
use designation for the Property and allow for market-ready and sustainable development
of single-family densities. Not only do the proposed densities correspond closely with the
adjacent and nearby existing master planned communities, this DMP Amendment will most
importantly remove the previously approved 36-hole golf course, as it is no longer a
sustainable use for the Rio Verde community.
C.
Whether the amendment will adversely impact all or a portion of
the planning area by:
• Altering acceptable land use patterns to the detriment of the plan.
The existing land use designation and DMP is primarily single-family residential
use with some higher density multi-family uses. Simplifying the proposed land
use to primarily single-family residential and supporting community accessory
facilities and uses is not a detriment to the plan.
The proposed densities are acceptable land use patterns for this area with the
Tonto Verde/Rio Verde DMP’s and Trilogy at Verde River DMP adjacent to the site
with like densities. The proposed Single Family Suburban (2-3 d.u./ac.) and
Miscellaneous Retail designations allows for sustainable residential development
with support commercial and recreational activities. The Property was already
master planned with various lot sizes and a golf course. The new land plan creates
acceptable land use patterns and removes a non-sustainable golf course.
• Requiring public expenditures for larger and more expensive infrastructure.
The cost of the infrastructure will be borne by the developers for this project.
Applicant does not foresee any necessary large public expenditures to
infrastructure right now that fall within the scope of the plan.
16
• Requiring public improvements to roads, sewer, or water systems that are
needed to support the planned land uses.
The Applicant has worked with the private water and sewer company prior to
submittal to ensure there are the necessary infrastructure capabilities for the
Property.
All of the construction and connection costs would be borne by the developer at
the time of development. The Applicant has had preliminary discussions with
EPCOR regarding the proposed density and removal of the golf course component
from the previous DMP approvals. The developer, not the public nor the County,
will be responsible for planning and constructing improvements to EPCOR’s
water and sewer infrastructure as necessary to support the project. A preliminary
Traffic Impact Analysis is provided with the related rezone request;
recommended improvements with requirements by MCDOT will be implemented
as necessary to maintain an acceptable level of service on area roads.
Current development within the RU-43 zoning classification do not provide for
any community amenities, open space preservation on private property,
improvement of adjacent public rights of way, or improvement of water and
wastewater treatment infrastructure. The provision of these types of amenities
and infrastructure improvements improve the livability and sustainability of the
area.
• Adversely impacting planned uses because of increased traffic.
The area is currently designated for Urban Residential Very Low Density, Low
Density and Medium Density. With only one land use designation, Single Family
Suburban, determining the projected traffic and proper street infrastructure will
be detailed simpler analysis within the TIA/TIS.
• Affecting the livability of the area or health or safety of present and future
residents.
The DMP amendment to the Single Family Suburban and Commercial
designations would be similar to the DMP to the north. This update ensures for a
known and successful development pattern. Working with EPCOR on
infrastructure approvals and removing the golf course approval sets a positive
effect on the livability of area. The track record of the Applicant and simplification
of the land use in this area will positively impact the existing and future residents
of the area.
• Adversely impacting the natural environment or scenic quality of the area in
contradiction to the plan.
This project is dedicated to preserving the natural character of the area through
the thoughtful provision of common area open spaces; particularly targeting
passive and natural open spaces along wash corridors, project boundaries and
transportation corridors (i.e Rio Verde Drive). These measures, along with the
clustering of development, proposed minimum 150 acres of open space, and
17
single-story product restriction (see companion zoning change) will help ensure
the project does not adversely impact the natural environment or scenic quality
of the area. The removal of the golf course furthers the Applicant’s commitment
to the natural environment.
D.
Whether the amendment is consistent with the overall intent of the
Comprehensive Plan.
The current intent of the Comprehensive Plan is for the 490 acres to develop with single-
family and multi-family uses and golf course as previously approved with the Verde River
DMP. The proposed land use amendment is to develop the same single-family uses, albeit at
a slightly higher density, but removing high water use golf course component and any multi-
family options. Single-family and multi-family to primarily single-family use is consistent
with the overall intent of the Comprehensive Plan. With the additional density comes a
broader planning of the Property for coordinated access and roadway connections,
infrastructure, open space and wash preservation, community amenities and the creation of
diverse neighborhoods. These factors ensure the amendment is consistent with the intent
of the Comprehensive Plan and Rio Verde Area Plan.
E.
Consistency with Land Use Plans Goals, Policies, and Objectives
The following are several goals, policies, and objectives of the nine elements contained with
the Maricopa County Vision 2030 Comprehensive Plan and Rio Verde Foothills Area Plan
that are consistent with our proposal:
Land Use
• Vision 2030 Land Use Goal #1: Achieve balanced and efficient development
patterns and Rio Verde Foothills Area Plan Land Use Goal and Objective L1.1:
Encourage orderly, efficient, and functional development patterns.
The Single Family Suburban (2-3 d.u./ac.) land use designation is more efficient in terms of
providing infrastructure improvements and services compared to Rural Densities (0-1
d.u./ac.) because they can service more residents located in one particular area is consistent
with the other adjacent, existing DMP’s in the area. The DMP update allows the Applicant to
implement an efficient and functional development pattern while removing an
unsustainable golf course from the proposal.
• Vision 2030 Land Use Policy #2: Maricopa County supports phasing plans for new
urban development to coordinate such development with new urban services and
infrastructure.
This DMP Amendment and companion rezone case establish the groundwork for phasing in
services and infrastructure. The permitted dwelling units allows for a multitude of options
throughout the Property to be developed over time and in concert with the services and
infrastructure required.
• Vision 2030 Land Use Policy #4: To help limit impacts to taxpayers Maricopa
18
County supports using homeowner associations, related organizations, and
improvement districts to manage and maintain services, infrastructure and
amenities.
Future residential developments on the Property will include homeowner’s associations to
create and maintain the infrastructure and other on-site amenities and services for the
community.
• Vision 2030 Land Use Policy #26: Maricopa County supports subdivisions rather
than “wildcat” lot splits.
This DMP Amendment supports the sustainable planning of the Property for a well-thought
out master planned community. The platting of subdivisions will occur in phases and in
unison with development of proper infrastructure per aforementioned master plans.
• Rio Verde Foothills Area Plan Land Use Goal and Objective L.2: Promote high
quality residential development that is sensitive to the natural environment and
compatible with adjacent land uses.
The proposed West Thirty-Six development will provide an exceptionally high-quality
development that is compatible with other existing master planned communities in the area
like Rio Verde and Tonto Verde to the east and Trilogy at Verde River to the north. West
Thirty-Six will also maintain natural wash corridors and passive open space areas
throughout the development.
Transportation
• Vision 2030 Transportation Goal #3: Coordinate land use decisions with
transportation investments to help the county exercise sound financial
management and build the county’s fiscal strength.
The proposed DMP Amendment allows for coordinated development of the Property as
needed including related transportation infrastructure. The transportation needs of the
Property will take form over the coming years and development.
• Rio Verde Foothills Area Plan Transportation Objection T1.1.: Establish a safe,
convenient, and efficient system for existing and future roadways while
considering the need for equestrian and multi-use trails in the Rio Verde Foothills
planning area.
West Thirty-Six development will include a multi-use pedestrian trail system integrated with
open space corridors and access to internal roadways. This system will provide future
residents with safe and convenient options to stay active and enjoy recreational activities
while providing multi-modal means for accessing community amenities.
Growth Areas
• Vision 2030 Growth Areas Goal #1: Achieve orderly urban growth that is fiscally
and environmentally responsible, protects public health and safety and promotes
sensible annexation patterns and Rio Verde Foothills Area Plan Objective G.1.1:
Encourage timely, orderly, and fiscally responsible growth within any approved
mixed use Development Master Plan.
The simplification of the DMP Amendment is to provide for a timely, orderly, and fiscally
19
responsible development plan for full buildout of the Property. The removal of the approved
golf course in the current DMP is an environmentally responsible decision by the Applicant.
Open Space
• Vision 2030 Open Space Goal #4: Have quality neighborhood parks and open space
with adequate and appropriate recreation amenities in urban residential
development.
The DMP Amendment and the companion rezoning case highlight a variety of open spaces
and amenities within the Property. These various areas and uses include preserved wash
corridors, a robust pedestrian circulation system, landscaped common areas, and active
lifestyle and recreational amenities such as the clubhouse site with its food and beverage,
pool, outdoor recreation, fitness, and wellness features. In aggregate, these open spaces
underscore the natural beauty of Rio Verde while the generous provision of amenities and
lifestyle programming provide ample recreation, leisure and engagement opportunities to
future residents.
• Rio Verde Foothills Area Plan Objective O1.4: Encourage appropriate natural open
space between communities and other land uses.
Open space is proposed at 31% for a total of 150 acres for the West Thirty-Six development.
Natural open space connections and adequate buffers from adjacent properties will be
encouraged and included within the layout of the site.
• Rio Verde Foothills Area Plan Objective O1.5: Improve quantity, quality, and
diversity of open space and recreational opportunities where public access is
protected and preservation is encouraged.
The future development of the Property will provide a variety of natural, passive, and active
open space options. This diversity of open space will encourage an active lifestyle community
while preserving natural wash corridors and other notable natural features. A multi-use trail
system running throughout the community will further enhance the enjoyment and
appreciation of these open spaces. Additionally, 176th Street will be improved with West
Thirty-Six up to the Regional Park boundary to the south. This will provide upgraded public
access to Maricopa County’s future trailhead site.
The proposed smaller lot sizes allow open space to be provided within common area tracts
instead of within larger private lots. These tracts will be preserved and maintained by the
Homeowners Association such that they can be enjoyed by every resident in perpetuity. A
development pattern predicated on larger private lots does not afford the same protections
and accessibility.
Cost of Development
• Vision 2030 Cost of Development Goal #2: New development pays its proper and
reasonable share of the costs of new infrastructure, services, and other public
improvements.
Infrastructure and other improvements will be determined and paid for in a reasonable
share by the developer. This will take shape over time as regions of the Property are
developed in the future.
Environment
20
• Vision 2030 Environment Goal #1: Provide regional leadership to promote all
aspects of regional environmental quality and Rio Verde Foothills Area Plan
Objective E1.3: Preserve significant habitat areas for wildlife and desert plant
species.
The proposed plan is to preserve 150 acres of the 490 acres (31%). This goal and the
preservation of the wash areas are the first steps promoting regional environmental quality
wash and wildlife corridors through this area. Natural open space areas will also preserve
habitat areas for flora and fauna.
Economic Growth
• Vision 2030 Economic Growth Goal #1 Contribute to an effective regional economy.
The proposed DMP Amendment updates and outdated land plan. Its implementation will
contribute to the areas regional economy by providing a viable land use for today’s real
estate market conditions.
• Vision 2030 Economic Growth Policy #9: Maricopa County supports implementing
Vision 2030 in a clear and consistent way to help businesses make long term
investment decisions.
The project’s inclusion of community commercial uses/zoning will provide for new
businesses and amenities to support the planned residential community.
Energy
• Vision 2030 Energy Goal #3: Have balanced and efficient development patterns.
The proposed DMP Amendment is to ensure balanced and efficient development patterns
for the northeast County. The existing outdated DMP provides for residential densities and
a golf course for the Property. The proposal for Single Family Suburban land use and
removal of an unsustainable golf course is an appropriate density for a balanced and efficient
development pattern for this area.
Water Resources
• Water Resources Goal #1 Promote and protect health with a clean water supply.
In addition to implementing stormwater pollution prevention best management practices
throughout the project, the applicant is working with EPCOR to ensure that the area’s water
and wastewater infrastructure is modernized and improved, thereby promoting and
protecting the clean water supply and public health. The removal of the golf course from the
DMP amendment is sound water supply planning.
Rio Verde Foothills Plan Consistency
• Low densities to preserve rural lifestyle and reduce demand on groundwater
resources
In removing the 36- holes of golf from the currently approved DMP, the DMP Amendment
drastically reduces demand on groundwater resources. For example, the adjacent Tonto
Verde Golf Course alone used approximately 721 ac-ft of water in 2020. This doesn’t include
the demand from +/- 750 homes, common areas and community amenities appurtenant to
the community, which accounts for an additional 288 ac-ft per year of demand. By contrast,
21
West Thirty-Six’s total demand is approximately 685 ac-ft per year whereas Tonto Verde’s
total demand is approximately 1,009 ac-ft per year. Clearly, the removal of the golf course
from the approved DMP will reduce demand on groundwater resources.
• Limited subdivision development, groundwater resources are limited in some
areas and long-term availability is unknown
Limited subdivision development has resulted in rampant wildcat sprawl through the Rio
Verde Foothills, which in turn has created issues requiring state-level intervention. Although
West Thirty-Six is a “subdivision” development, we believe a master planned approach to
development and growth is a more sustainable and responsible planning policy.
Furthermore, the applicant has undertaken the time and effort to understand the long-term
availability of groundwater in the area. As discussed elsewhere in the narrative the
hydrogeological model prepared for the area is in review with the ADWR and indicates more
than sufficient groundwater available to support existing and committed demands along
with West Thirty-Six.
• Address the planning area’s domestic water supply – address if this comes from
groundwater aquifers beneath the Rio Verde Foothills region
Rio Verde Foothills domestic water supply largely comes from the aquifer within the
Fountain Hills sub-basin, or is imported via water trucks. The hydrogeological model for the
sub-basin indicates the availability of groundwater is limited in the western reaches of the
model (i.e. the Rio Verde Foothills) due to geological conditions, particularly shallow
occurrences of bedrock, whereas groundwater is much more prevalent in the eastern
reaches of the model near the Verde River.
• Address how the project will affect the Rio Verde Foothills Area Plan both positive
and negative at project buildout. Water supply is one of the most restricting
factors.
While the DMP amendment introduces additional density and traffic to the area, it does so in
a form and substance that is complimentary to the adjacent master-planned communities,
and provides a responsible and sustainable alternative to haphazard wildcat sprawl. In the
absence of the proposed DMP Amendment, the Property could be developed as currently
approved, including 36 holes of golf, or conversely, be allowed to repeat the wildcat sprawl
pattern endemic to the planning area, which the Applicant believes would be unsustainable
and irresponsible.
Conclusion
The DMP Amendment is a responsible and forward thinking land plan to re-designate the
Property from Urban Residential Very Low Density, Urban Residential Low Density, Urban
Residential Medium Density, and Open Space to Single Family Suburban and Miscellaneous
Retail. The proposal facilitates a sustainable, thoughtfully crafted master planned
community that is sensitive and responsive to surrounding developments and the natural
environment. In conjunction with the companion zoning request, including a self-imposed
1,200-unit cap, and the removal of multi-family uses and 36-holes of golf from the DMP, the
solely single-family land use designation facilitates a responsibly planned, residential
22
community that celebrates the area’s unique character while responding to modern
consumer preferences and current environmental and economic constraints. There are
minimal impacts to adjacent residential properties as single-family residential homes will
still make up the majority of the area’s existing developments.
June 23, 2023
LEGAL DESCRIPTION FOR
WEST THIRTY SIX
GROSS ZONING PARCEL
That part of Section 36, Township 5 North, Range 6 East, of the Gila and Salt River Meridian,
Maricopa County, Arizona, more particularly described as follows:
Commencing at the Aluminum Cap marking the Northeast Comer of said Section 36, from
which the Brass Cap flush marking the North Quarter Comer of said Section 36 bears South
89°42'41" West, a distance of 2638.99 feet;
Thence South 89°42'41" West, along the North line of the Northeast Quarter of said Section 36, a
distance of 825 .15 feet;
Thence South 00°09'27" East, a distance of 100.00 feet to the Point of Beginning;
Thence continuing South 00°09'27" East, a distance of 5181.46 feet to the Southwest Comer of
Tonto Verde Unit Three as recorded in Book 386 of Maps, Page 28, records of Maricopa
County, Arizona, being a point on the South line of the Southeast Quarter of said Section 36;
Thence South 89°42'13" West, along said South line, a distance of 1816.54 feet to the Brass Cap
flush marking the South Quarter Comer of said Section 36;
Thence South 89°41'14" West, along the South line of the Southwest Quarter of said Section 36,
a distance of 1867 .28 feet;
Thence North 38°19'01" West, departing said South line, a distance of 599.77 feet to the
beginning of a tangent curve of 186.48 foot radius, concave Easterly;
Thence Northerly, along said curve, through a central angle of 76°27'00", a distance of 248.82
feet;
Thence North 38°07'59" East, a distance of 262.39 feet to the beginning of a tangent curve of
386.48 foot radius, concave Westerly;
Thence Northerly, along said curve, through a central angle of 64 °24'42", a distance of 434.48
feet;
Thence North 26°16'43" West, a distance of 615.09 feet to a point on a 1332.40 foot radius non
tangent curve, whose center bears North 63°45'14" East;
Thence North, along said curve, through a central angle of 26°09'44", a distance of 608.40 feet;
N:\01\0359101 \Admin\Legal Descriptions\G-LG-ZONING-GROSS.docx
Page 1 of 2
4550 NORTH 12TH STREET PHOENIX, ARIZONA 85014-4291 {602) 264-6831 FAX {602) 264-0928
CVL
CONSULTANTS
Exhibit B
Thence North 00°06'20" West, a distance of 181.82 feet;
Thence North 00°05'41" West, a distance of 2270.13 feet;
Thence North 89°40'44" East, a distance of 325.00 feet;
Thence North 00°05'41" West, a distance of 270.00 feet to a point on a line which is parallel with
and 100.00 feet Southerly from the North line of the Northwest Quarter of said Section 36;
Thence North 89°40'44" East, along said parallel line, a distance of 2112.57 feet to a point on a
line which is parallel with and 100.00 feet Southerly from the North line of the Northeast
Quarter;
Thence North 89°42'41" East, along said parallel line, a distance of 1813.90 feet to the Point of
Beginning.
Containing 21,322,759 Square Feet or 489.503 Acres, more or less.
N:\0 l \0359101 \Admin\Legal Descriptions\G-LG-ZONING-GROSS.docx
Page 2 of2
4550 NORTH 12TH STREET PHOENIX, ARIZONA 85014-4291 (602) 264-6831 FAX (602) 264-0928
CVL
CONSULTANTS
WEST THIRTY SIX
GROSS ZONING PARCEL
S89°42'40.70" W 825.15
S00°09'27.44" E 100.00
BOUNDARY
S00°09'27.44" E 5181.46
S89°42'12.66" W 1816.54
S89°41'13.71" W 1867.28
N38°19'01.29" W 599.77
RB = N51°40'58.71" E
R = 186.48
A = 248.82
C = 230.77
CB = N00°05'31.29" W
D = 76°26'60.00"
T = 146.88
RB = N51°52'01.29" W
N38°07'58.71" E 262.39
RB = N5 l
052'01.29" W
R = 386.48
A = 434.48
C = 411.96
CB = N05°55'37.71" E
D = 64°24'42.00"
T = 243.43
RB = N63°43'16.71" E
N26°16'43.29" W 615.09
RB = N63°45'13.88" E
R = 1332.40
A = 608.40
C = 603.12
CB = Nl3°09'54.10" W
D = 26°09'44.03"
T = 309.60
RB = S89°54'57.91" W
N00°06'20.22" W 181.82
N00°05'41.03" W 2270.13
N89°40'44.29" E 325.00
N00°05'41.03" W 270.00
N89°40'44.28" E 2112.57
N89°42'40.70" E 1813.90
to
Area = 21322759
489.503 AC
Closing course: 69°28'34.80" 0.007933
Misclosure: 1/1,000,000+
North Error: 0.002781
East Error: 0.007430
N:\01\0359101\CADD\Exhibits\VX.GROSS.PCL.dwg Dominique June 23, 2023
OF
1
2
WEST THIRTY-SIX
4550 North 12th Street
Phoenix, Arizona 85014
Phone 602-264-6831
http://www.cvlci.com
SCALE 1" = 1000'
EXHIBIT
JOMAX ROAD ALIGNMENT
176TH STREET
RIO VERDE DRIVE
GROSS ZONING PARCEL
LINE TABLE
NO.
BEARING
LENGTH
CURVE TABLE
NO.
LENGTH
RADIUS
DELTA
TANGENT
CHORD
CHORD-BEARING
N:\01\0359101\CADD\Exhibits\VX.GROSS.PCL.dwg Dominique June 23, 2023
OF
2
2
WEST THIRTY-SIX
GROSS ZONING PARCEL
4550 North 12th Street
Phoenix, Arizona 85014
Phone 602-264-6831
http://www.cvlci.com
NO SCALE
EXHIBIT
1
West Thirty-Six
Narrative for Zone Change from RU-43 to R1-6 with RUPD Overlay & C-2
CUPD
Approx. 490 acres at the southeast corner of Rio Verde Drive and 176th Street in
unincorporated Maricopa County, Arizona.
Case #: Z2023039
First Submittal: March 31, 2023
Second Submittal: June 30, 2023
(Related Development Master Plan Amendment: DMP2023001)
2
Owner
West Thirty-Six Company
25609 Danny Ln.
Rio Verde, AZ 85263
Tel: 480.596.5815
Contact: Jim Thomson
Applicant
Toll Brothers & Shea Homes
8767 E. Via De Ventura, Suite 390
Scottsdale, AZ 85258
Tel: 480.596.5815
Contact: Colin Phipps
Attorney
Tiffany & Bosco
2525 E Camelback Rd.
Phoenix, AZ 85016
Tel: 602.255.6000
Contact: William Lally
Civil Engineer
Coe and Van Loo
4550 N. 12th St.
Phoenix, AZ 85014
Tel: 602.285.4891
Contact: Parker Froehlich
Land Planner
Greey -Picket
7144 E Stetson Dr Suite #205
Scottsdale, AZ 85251
Tel: 480.609.0009
Contact: Wendell Pickett
3
Table of Contents
1.
Introduction and Purpose of Request ................................................................................................................... 4
2.
Description of Proposal ............................................................................................................................................... 5
a.
Residential Unit Plan of Development (RUPD) Zoning Overlay…………………………….....………….6
b.
Commercial Unit Plan of Development (CUPD) Zoning Overlay……..…………………………………..9
3.
Relationship to Surrounding Properties ............................................................................................................ 10
4.
Access & Circulation ................................................................................................................................................... 11
5.
Public Utilities and Services .................................................................................................................................... 11
a.
Water & Wastewater ............................................................................................................................................. 12
b. Electric……………………………………………………………………………………………………………………….…..12
c.
Natural Gas ................................................................................................................................................................ 13
d. Telecoms………………………………………………………………………………………………………………………13
e. Fire………………………………………………………………………………………………………………………………..13
f. Police…………………………………………………………………………………………………………………………….13
g. Drainage/Flood Zone……………………………………………………………………………………………………..13
h. Schools…………………………………………………………………………………………………………………………13
6.
Location and Accessibility ........................................................................................................................................ 13
7.
Development Schedule .............................................................................................................................................. 13
8.
Open Space and Amenities ....................................................................................................................................... 15
9.
Fencing, Walls, Screening and Entry Monumentation. ................................................................................. 15
10. Community Facilities and Services ....................................................................................................................... 15
11. Land Planning ................................................................................................................................................................ 15
12. Conclusion ....................................................................................................................................................................... 15
4
1. Introduction and Purpose of Request
The purpose of this request is to create land use entitlements for approximately 490 gross
acres in unincorporated Maricopa County (the “Property” or “West Thirty-Six”) (See Exhibit
A: Parcel Map and Exhibit B: Legal Description). The Applicant desires to develop a new
upscale master planned residential community with ten (10) single-family residential
development neighborhoods/areas including varying types of lot sizes and home designs.
The Property consists of seven (7) existing parcels located in the Rio Verde area in the
northeast section of Maricopa County. The Property is also known as the Verde River
Development Master Plan (DMP83-6, DMP86-5, and DMP-90-4) (“Verde River DMP”)
formerly known as Tonto Vista DMP, but remains undeveloped land and is currently zoned
Rural-43 (RU-43) (See Exhibit C: Vicinity Map and Exhibit D: Context Aerial).
Toll Brothers and Shea Homes have established themselves nationally and locally as premier
builders and developers of high-quality residential products and master planned
communities. Some examples of their current local developments include Verde
River/Trilogy in Rio Verde, Adero Canyon in Fountain Hills, Encanterra in Queen Creek,
Sereno Canyon in Scottsdale, and Sterling Grove in Surprise. Their expertise and dedication
to providing carefully planned and executed residential developments of exceptional quality
will be a benefit to the Rio Verde area.
The Applicant proposes to limit the maximum amount of units to 1,200 for a gross density of
2.45 dwelling units per gross acre (d.u./ac.) under the R1-6 RUPD zoning district. The West
Thirty-Six development would also include approximately 17-acres of commercial (C-2
CUPD) zoning for clubhouse, outdoor recreation and related accessory use purposes. The
Applicant also proposes a total of 150 acres of required open space (31% of the Property).
Although the project is not planned to be completely age-restricted, it is assumed that the
community will have a notable retiree population due to the characteristics of the
surrounding neighborhoods, and the intentional targeting of active adults via marketing,
housing products, and amenity programming. The project’s estimated population is
approximately 2,508 persons based on a maximum of 1,200 dwelling units and an average
household size of 2.09 persons in the City of Scottsdale (source: US Census Bureau).
The Property remains unimproved raw land encompassed by Tonto Verde Units 3&4
subdivisions to the east, the McDowell Mountain Regional Park to the south, Rio Verde Drive
along the north and 176th Street road alignment to the west. There is also an adjacent parcel
(APN 219-38-980) owned by the Rio Verde Fire District at the northwest corner of the site
with a newly development fire station. The proposal seeks to create a brand new residential
community with ample open space and offering residential units in varying sizes and product
types complimentary to other existing developments in the Rio Verde area. (See Exhibit E:
Conceptual Lot Layout Plan) which provides a conceptual interpretation of the potential
design for the community. Detailed planning and layouts will be determined at the time of
preliminary and final plat approvals.
5
2. Description of Proposal
This application seeks to rezone the Property from the current RU-43 zoning district to R1-
6, Single-Family Residential zoning district with a Residential Unit Plan of Development
(“R1-6 RUPD”) and C-2, Intermediate Commercial zoning district (“C-2 CUPD”) (See Exhibit
F: Existing Zoning Map and Exhibit G: Proposed Zoning Map).
A companion Development Master Plan Amendment is submitted concurrently with this
rezone proposal to request a change of future land use designations from approved DMP
Urban Residential Very Low Density, Urban Residential Low Density, Urban Residential
Medium Density, and Open Space to Single Family - Suburban (2-3 d.u./ac.) and
Miscellaneous Retail (for related C-2 CUPD zoning request for clubhouse site). The most
recent DMP Amendment (DMP90-4) to the Verde River DMP added additional land to an
already approved golf course for a total of 301 acres dedicated for a 36-hole golf course. This
amendment also eliminated the 10-acre commercial land use designation and reduced the
amount of single-family residential, while introducing multi-family residential future land
uses.
This proposal along with the related DMP amendment seeks to remove the previously
approved golf course component in its entirety. In order to complement the existing
surrounding area residential land uses, the applicant is also proposing to eliminate the
existing multi-family options with the DMP amendment proposal. The clubhouse amenity
and active/recreational open space areas (including pocket parks) would provide the new
residences with plenty of community activities. This will enrich the lives of new residences
with multiple community and social activities such as dining, fitness, racket sports,
swimming, lounging, health and wellness, arts and crafts, hiking, biking, and furthering
education.
In addition to providing at least 150 acres of open space, applicant seeks to include a
requirement to provide a variety of lot sizes significantly greater than the 6,000 SF minimum.
This ensures West Thirty-Six develops with a diversity of lot sizes, housing products and
Project Data
A.P.N.
219-38-981, 219-38-043, 219-38-038H, 219-38-038P, 219-38-
038R, 219-38-044, & 219-38-045
Current Land Use
Vacant/Undeveloped
Current Zoning District
RU-43
Proposed Zoning
District
R1-6 with RUPD Overlay and C-2 with CUPD Overlay
Gross Site Area
Approximately 490 acres
Area Plan
Rio Verde
Supervisorial District
Supervisorial District 2 – Thomas Galvin
School District
Cave Creek Unified School District
6
layouts while preserving flexibility to more sensitively plan and design parcels in the future.
Specifically the project proposes the following requirements with respect to distribution of
lot sizes through the platting process to ensure a variety of lots are provided through the
course of development and for easier tracking purposes for County P&D staff:
In order to promote a diverse and interesting streetscape, there shall be an effective mix
of lots by area and width. By the platting of the 200th lot a minimum of 120 lots shall be
7,200 sf or greater inclusive of 20 lots being 14,800 sf or greater. By the platting of the
1,000th lot a minimum of 600 lots shall be 7,200 sf or greater inclusive of a minimum of
100 lots being 14,800 sf or greater. This shall be tracked on each filed subdivision
preliminary plat and final plat (proposed, previously platted, remaining yield).
a. Residential Unit Plan of Development (RUPD) Zoning Overlay
The RUPD portion of the request would allow for amended development standards to the
proposed R1-6 zoning district to facilitate unique and exceptional housing designs and to
reflect prevailing trends in contemporary community planning. The proposed RUPD
amended development standards do not request a reduction to the minimum 6,000 sq. ft.
base standard, but do include reduction of setbacks for front and rear yards, a reduction in
lot width, and an increase in lot coverage. With these requests, the applicant is proposing to
limit the project to 1-story residences and provide a 50% increase in the Average Lot Area
per Dwelling Unit. These are in addition to, and reflective of, the generous provision of open
space in common area tracts and lot size diversity requirements described previously.
Below is a table of the base R1-6 development standards compared to the proposed R1-6
RUPD development standards:
R1-6 RUPD Zoning District Standards – Single Family Residential
Regulation
Base Zoning District
Regulations (R1-6)
Proposed Zoning District Regulations (R1-6 RUPD)
Max. Height
30’
30’
Number of Stories
Not defined in MCZO
1-Story
Minimum Front Yard
20’
18’
10’ for side loaded garages, porches or livable
areas of dwelling unit
Minimum Side Yard
5’
5’
Minimum Street-side Yard
10’
10’
Minimum Rear Yard
25’
15’
Minimum Lot Area
6,000 sq. ft.
6,000 sq. ft.
Minimum Lot Width
60’
50’
7
Average Lot Area per
Dwelling Unit
6,000 sq. ft.
11,445 sq. ft.
Maximum Lot Coverage
50%
55%
Parking Spaces
2
2
Hillside
The extent of all disturbance
on that portion of a lot which
has a natural slope of 15%
or greater, shall be limited to
a total disturbance within
the gross lot area not to
exceed 75,000 square feet
and shall be located entirely
within the buildable area of
the lot, except that
disturbance related to the
driveway and utility
connections may extend
outside the lot’s buildable
area to the street line or
other lot line.
The extent of all disturbance on that portion of a
lot which has a natural slope of 15% or greater,
shall be limited to a total disturbance within the
gross lot area not to exceed 75,000 square feet,
except that disturbance related to the driveway
and utility connections may extend outside the
lot’s buildable area to the street line or other lot
line.
Lot Diversity
Requirements
In order to promote a
diverse and interesting
streetscape, there shall be an
effective mix of lots by area
and width.
By the platting of the 200th lot a minimum of 120
lots shall be 7,200 sf or greater inclusive of 20 lots
being 14,800 sf or greater. By the platting of the
1,000th lot a minimum of 600 lots shall be 7,200 sf
or greater inclusive of a minimum of 100 lots being
14,800 sf or greater. This shall be tracked on each
filed subdivision preliminary plat and final plat
(proposed, previously platted, remaining yield).
The amended development standards are minor in nature and include the following:
• Modified front setbacks that discourage garage dominated streetscapes while
encouraging more walkable, traditional neighborhood forms. In addition, reduced
rear setbacks that reflect the all single-story restriction, ample open spaces provided
in common area tracts between lots, and the preference of active adults for less
privately maintained yard space. Specifically, the front setback has been modified to
ten (10) feet to livable areas of a residence, front porches or patios, or side loaded
garages. However, front loaded garages must still be setback at least 18 feet, and
driveways must still provide at least 18’ x 18’ (to back of sidewalk) to accommodate
front load and side load garages. The rear setback has been reduced to fifteen (15)
feet, again in deference to the common area open space tracts found between the
rears of most lots, that all the homes will be single-story, and that age-targeted buyers
prefer their open spaces in HOA maintained common areas. The reduced setbacks
also afford more flexibility to include unique design features such as interior
courtyards, atriums, extended patios, etc.
• Lot width reduction from sixty (60) to fifty (50) feet. With the 6,000 SF minimum lot
area being maintained, the reduced lot width and additional depth is a reflection of
more efficient, contemporary housing design with narrower, deeper products.
8
• Limiting residential development to 1-story products only. The applicant is
proposing a single-story restriction within the R1-6 District in order to match the
building forms of the adjacent planned communities, to protect neighboring
viewsheds, and because single-story products are preferred by the project’s age-
targeted consumers.
• Five (5) percent increase in maximum lot coverage. Because of the single-story
restriction additional lot coverage is necessary to provide an adequate range of
floorplan square footages within each of the major lot sizes or collections.
Additionally, with ample storage and seamless indoor/outdoor living and
entertaining spaces being prominent features of contemporary home design, the
additional lot coverage allows for generous covered patios and porches, 3-car
garages, and dedicated storage.
(See Exhibit O: R1-6 RUPD Zoning District Legal Description).
Hillside
Chapter 12 of the development regulations requires development on slopes greater
than 15% to adhere to hillside development standards. The primary objectives of
the hillside development standards are to encourage the preservation of natural
topographic features and to minimize the scarring of hillside construction. West
Thirty-Six intends to adhere to a majority of the hillside standards. There is only a
small portion of the 490-acre property that includes slopes of 15% or greater. As
such, the development plan demonstrates the preservation of the higher elevations
as part of the open space for the development plan.
For the limited amount of proposed single-family residential lots that are positioned
within this steeper sloped area, we intend to amend the Hillside standards of Section
1201.6.1. Grading and Drainage Requirements. Sub-section 1 of this provision states:
The extent of all disturbance on that portion of a lot which has a natural slope of 15%
or greater, shall be limited to a total disturbance within the gross lot area not to
exceed 75,000 square feet and shall be located entirely within the buildable area of
the lot, except that disturbance related to the driveway and utility connections may
extend outside the lot’s buildable area to the street line or other lot line. This shall not
be construed to prevent relief from the standard with approval of a Special Use Permit
in accordance with Section 1301 of this ordinance, a Unit Plan of Development in
accordance with Sections 1002, 1003 or 1004 of this ordinance, or a Variance in
accordance with Section 303 of this ordinance.
The verbiage within this portion of the zoning ordinance allows for a Unit Plan of
Development to seek amended development standards. The request is to amend the
provision above to remove the ‘and shall be entirely within the buildable area of the
9
lot’ verbiage. This will allow some lot contouring around the buildable portion of the
lot in the required setbacks around the house structure. This minor amendment will
ensure that a majority of the 15% sloped hillside designated area is preserved as part
of the development plan.
b. Commercial Unit Plan of Development (CUPD) Zoning Overlay
The proposed CUPD deviation from development standard includes the relief from
screening adjacent to the proposed R1-6 RUPD residential zoning district and for
outdoor uses. Article 804.9.4 under C-2 zoning for walls and screening states the
following:
Article 804.9.4.a: “A solid wall, not less than six feet in height, shall be required along
and adjacent to any side or rear property line abutting any rural or residential zone
boundary, or any alley abutting such zone boundary at the time of development of the
commercial property. Further, any access gates in said solid wall shall be constructed
of view-obscuring material to provide effective site screening.”
Article 804.9.4.b: “The perimeter of any portion of a site not adjacent to a rural or
residential zone boundary upon which any outdoor use of a commercial nature is
permitted shall be enclosed to a height of not less than six feet by building walls, walls
or fences of any view-obscuring material. No outdoor commercial use or enclosure
thereof shall encroach into any required setback area adjacent to any street, nor shall
any storage products or materials exceed the height of any such enclosure.”
Since the commercial site is set for the community clubhouse, wall restrictions are
not necessary where this is not a typical commercial zoned property. On the following
page is a table of the base C-2 development standards for screening compared to the
proposed C-2 CUPD development standards:
C-2 CUPD Zoning District Standards – Clubhouse Site
Regulation
Base Zoning District Regulations
(C-2)
Proposed Zoning District
Regulations (C-2 CUPD)
Maximum Height
40’
40’
Minimum Front Yard
10’
10’
Minimum Side Yard
10’
10’
Minimum Rear Yard
0’
0’
Minimum Lot Area
6,000 sq. ft.
6,000 sq. ft.
Maximum Lot Coverage
60%
60%
Parking
One per 250 square feet of floor
area + one per 5,000 square
feet of outside display area; and
+ one per 100 square feet of
outdoor seating area; and + four
per golf course green
1 space per 250 sq. ft. of
conditioned building area
(exterior areas such as patios,
pool decks, etc. are exempt
from parking requirements)
10
Article 804.9.4.a – Walls &
Screening Adjacent to Rural or
Residential Zoning
Minimum 6’ high solid wall for
side or rear property line
adjacent to Rural or Residential
No minimum screening
requirements
Article 804.9.4.b – Walls &
Screening for Outdoor Use of
Commercial Nature
Minimum 6’ high walls or
fencing with view obscuring
material for perimeter of site
No minimum screening
requirements
Retaining Walls – Article 1111.5
General Regulations 1111.5
Maximum of 6’ retaining wall or
at 14’ overall height with 6’
retaining
8’ maximum retaining wall
exposed or 6’ maximum wall
height on 8’ retaining wall with
combination wall not to exceed
14’
In addition to the above-amended standards, West Thirty-six intends to restrict some of the
commercial uses that are not compatible with the surround residential properties. All uses
allowed within the C-1 and C-2 zoning districts will be allowed for the clubhouse amenity
parcel, except for the below uses:
• Adult oriented businesses
• Automotive repair type businesses
• Medical marijuana establishments
• Other obnoxious uses
(See Exhibit H C-1 & C-2 Use Regulations for a complete list of uses removed from the
allowed use list in C-1 and C-2 and Exhibit P: C-2 CUPD Zoning District Legal Description.)
3. Relationship to Surrounding Properties
Adjacent existing development to the east is Tonto Verde with single-family residential (R1-
10), commercial (C-2), open space and golf course (Rural-43 & Rural-190), and R-3 multi-family
zoning districts. (See Exhibit F: Existing Zoning Map). This master-planned community is
fully platted and developed and features a 36-hole golf course and related amenity features.
Shea Home’s Trilogy Verde River is located north of the Property across Rio Verde Drive.
This project is multi-phased with many sections already completed and homes lived in. This
development includes R1-10, R1-6, R-3, and Rural-43 (for golf course and open space areas)
zoning for the residential neighborhoods and C-2 zoning for the clubhouse amenity area with
an 18-hole golf course. The proposed RUPD development standards for West Thirty-Six
include various lot sizes from 6,000 sq. ft. to 14,850 sq. ft. while limiting the future residences
to 1-story products and no multi-family options. These diverse lot sizes are comparable to
the Trilogy Verde River development with their approved min. 6,000 sq. ft. lots under R1-6
RUPD and min. 10,000 sq. ft. lots under R1-10 RUPD zoning districts. The proposed relief
from front/rear setbacks, lot width, and lot coverage with this rezone request matches the
same R1-6 RUPD standards as approved with Trilogy at Verde River.
11
South of the Property is the McDowell Mountain Regional Park, one of the largest Maricopa
County Parks at approximately 21,000 acres. The West 36 development will not encroach
onto the Regional Park, will continue to maintain the existing fencing separating the Park
from the Property (along with appropriate trespassing signage), and will not facilitate any
pedestrian access to the Park unless an agreement can be made with County Parks with
respect to access and fees. There is no plan to add any additional parking or any public access
on the project property.
To the west of the Property is the 176th Street alignment with rural zoned properties,
featuring a mix of single-family homes and vacant lots.
4. Access & Circulation
The main access to the Property, which will be guard gated and feature privately maintained
streets throughout, would be from two (2) separate entrances on Rio Verde Drive aligning
with existing driveways on the north side of the road. A median divided, interior spine road,
configured in an upside down “Y” design, will collect traffic from the local street network,
thereby facilitating efficient north-south movement through the community and minimizing
impacts to the site’s natural wash corridors. . The local street network predominantly runs
east-west in a series of cul-de-sacs and looping streets, bound by the natural wash corridors,
and intended to allow lots to step down with the natural grade which slopes down from west
to east at about a 1% grade. Secondary and emergency access points would be determined
at the time of platting when full site design and technical review involves comprehensive
traffic studies and reports. However, it is anticipated that 176th Street, which will be
improved to a half street section, will provide a number of secondary and/or emergency
access points, as will emergency accessways connecting local streets to the spine road, and
local streets to other local streets in adjacent parcels. Drainage and practical constraints
prevent additional vehicular connections to the west into Tonto Verde, while vehicular
connections to the south through the County Park are similarly impractical.
5. Public Utilities and Services
This application request will not adversely affect County and private facilities and services
and will not have an adverse effect on existing or future public and private open space,
recreation, or schools. The following list identifies public and private services believed to be
available to the development:
• Water – EPCOR
• Sewer – EPCOR
• Electric – SRP
• Natural Gas – None
• Telecoms – Cox / Century Link
• Police – Maricopa County Sheriff’s Office
• Fire – Rio Verde Fire District
• Schools – Cave Creek Unified School District
12
a. Water & Wastewater
The Property falls within the existing Certificate of Convenience and Necessity (CC&N) for
EPCOR’s Rio Verde Utilities (RVU) Water District and as such EPCOR will be the water
provider for this project. Because EPCOR is not a Designated Supplier, a Certificate of
Assured Water Supply (CAWS) will need to be obtained from the Arizona Department of
Water Resources (ADWR) prior to any Final Plat approvals. To this end, the applicant
submitted a hydrogeological model for the Fountain Hills Sub-basin (which up until this
point had not been studied or modeled using modern techniques) and an application for an
Analysis of Assured Water Supply (AAWS) to ADWR in September 2022. ADWR provided
comments on the model and AAWS application in late March 2023 and both were
resubmitted to ADWR in June 2023. Given that the model findings support a physical
availability determination, ADWR approval of the hydrogeological model and AAWS
application is expected sometime in Fall/Winter 2023. Thereafter approval of a CAWS could
occur in mid to late 2024. Note ADWR’s recent announcement that it would stop issuing
CAWS’s in the Phoenix AMA is not applicable to West Thirty-Six because West Thirty-Six falls
within the Fountain Hills Sub-basin, which is outside of the extents of the updated water
model used by ADWR as the basis of its decision to cease issuing CAWS’s elsewhere in the
AMA. In regards to infrastructure, development of West Thirty-Six will require it to make
certain water infrastructure improvements, including additional storage, pressure boosting,
and well pumping firm capacity. The applicant is currently working with EPCOR to refine
the scope, location, and timing of these improvements. Running concurrently with the
assured water entitlements, EPCOR and Salt River Project (SRP) are negotiating an update
to the existing exchange agreement that allows EPCOR to operate wells near the Verde River
in exchange for EPCOR providing water resources to SRP. Among other things, the update
will extend the term of the agreement, introduce additional sources, and update the volume
of water that can be pumped from EPCOR’s near-river wells to reflect additional demand
from West Thirty-Six and other future projects. Finally, West Thirty-Six is not involved with
EPCOR’s pending “standpipe” CC&N case (ACC Docket W-01303A-22-0264), the water
resources associated with that case, or its consolidation into the Sonoran Water District, and
as such the outcome of West Thirty-Six’s land use entitlements and subsequent potential
development of the Property should have no bearing on the outcome of the standpipe issue.
EPCOR will also provide West Thirty-Six with sewer service. If and when zoning
entitlements are secured the applicant will work with EPCOR to initiate the CC&N expansion
process with the Arizona Corporate Commission to bring the Property within the service
area of EPCOR’s Rio Verde Wastewater District. Similar to potable water, development of
West Thirty-Six will require it to make certain sewer infrastructure improvements, including
upsizing of offsite mains in Forest Drive and expansion of treatment capacity at the Rio Verde
WWTP.
b. Electric
Salt River Project (SRP) is the electrical utility provider for West Thirty-Six and has sufficient
existing capacity and abutting infrastructure to serve the project.
c. Natural Gas
13
The nearest natural gas facilities are located approximately 5 miles to the west. Southwest
Gas indicates that extending these facilities to the Project would be cost prohibitive.
Therefore, West Thirty-Six, like the other master planned communities in the area, will not
have gas service.
d. Telecoms
Both Cox Communications and Century Link have facilities in the area and will be able to
service the Project.
e. Fire
The project has long been intended to be annexed into the Rio Verde Fire District, which will
benefit from additional property tax proceeds. Accordingly, a formal annexation petition
will be submitted to the Fire District’s Board of Directors once the property is ready to be
developed (i.e. final plats and plans for initial phases have been approved). A fire station is
directly adjacent to this proposal.
f. Police
The property falls within falls within the Maricopa County Sheriff’s Patrol District 7 which is
based in Fountain Hills and serves Fountain Hills and unincorporated areas of Scottsdale, Rio
Verde, Tonto Verde, Trilogy at Verde River and Goldfield Ranch.
g. Drainage/Flood Zone
The project is located in Zone’s X and AE on the Federal Emergency Management Agency
(“FEMA”) Flood Designation Map. A Conditional Letter of Map Revision will be processed
through the final platting process in order to remove portions on the AE floodplain from the
project area.
h. Schools
The Property is located within the Cave Creek Unified School District area. With the proposed
development marketed towards an active adult lifestyle and community, a new school isn’t
planned nor needed for the project population.
6. Location and Accessibility
This Property is located at the eastern portion of the Rio Verde area. the Property is 28 miles
northeast of downtown Scottsdale and 9 miles north of Fountain Hills. As with the rest of Rio
Verde, major vehicular access is via Rio Verde Drive or McDowell Mountain Road.
7. Development Schedule
It is expected that the Property, including onsite and offsite infrastructure, will be developed
in multiple phases over a number of years. All infrastructure necessary to service the project
will be constructed by, or caused to be constructed by, the Applicant when necessary to do
14
so – there will be no public facilities provided by the County. Although subject to
modification and refinement as the project progresses, the project could potentially be
developed per the following sequence and timeline (See Exhibit I: Conceptual Phasing
Plan):
• Phase 1: Start Q1 2025
o Offsite Sewer – Install new sewer main Desert Forest Drive from Rio Verde
Drive to the Rio Verde WWTP.
o Rio Verde WWTP Ph 1 Expansion – Cause the capacity of the Rio Verde WWTP
to be increased approximately 100,000 gpd.
o RVU Water System Upgrade – Cause the RVU water system to construct
approximately 300,000 gallons of potable water storage, treatment, and
associated pumping/boosting capacity, and bring on approximately 500 gpm
of additional well firm capacity.
o Rio Verde Drive Widening – As indicated by the TIA, widen Rio Verde Drive to
accommodate deceleration, acceleration, and left turning lanes.
o Interior Spine Road Ph 1 – Construct primary interior collector from main
entrance on Rio Verde Drive to the south boundary of parcels A and B.
o 176th Street Half Street Ph 1 – Construct half street improvement from Rio
Verde Drive to the southern boundary of parcel B.
o Main Entry – Construct main entry featuring landscaping, monumentation,
vehicular gates and guardhouse.
o Parcel Development: Develop in-tract improvements for parcels A and B.
• Phase 2: Start Q1 2026
o Interior Spine Road Ph 2 – Construct primary interior collector from parcels A
and B south to parcels C and D.
o 176th Street Half Street Ph 2 – Construct half street improvement from parcel
B to parcel D.
o Community Center Complex Ph 1 – Construct initial phase of community
center, including approximately 10,000 SF of building space and a portion of
the outdoor recreation facilities and pool.
o Parcel Development – Develop in-tract improvements for parcels C and D.
• Phase 3: Start Q1 2028
o Rio Verde WWTP Ph 2 Expansion – Cause the capacity of the Rio Verde WWTP
to be increased approximately 70,000 gpd.
o Interior Spine Road Ph 3 – Construct secondary interior collectors from
parcels C and D south to parcels G and H.
o 176th Street Half Street Ph 3 – Construct half street improvement from parcel
D to parcel H.
o Community Center Complex Ph 2 – Construct final phase of community center,
including approximately 6,000 SF of building space and remaining portions of
the outdoor recreation facilities.
o Parcel Development – Develop in-tract improvements for parcels E, F, G, and
H.
• Phase 4: Start Q1 2030
15
o Interior Spine Road Ph 4 - Construct secondary interior collectors from parcels
G and H to parcels I and J.
o Parcel Development – Develop in-tract improvements for parcels I and J.
8. Open Space and Amenities
Applicant proposes 150 acres (31% of the Property) of total open space will be provided
including natural washes, trails, parks, common areas, and other amenities suitable for the
enjoyment of its respective residences. (See Exhibit J: Conceptual Community Club Site
Layout, Exhibit K: Conceptual Open Space Plan, and Exhibit L: Conceptual Parks and
Trails Plan). Future amenities for the community club parcel could include dining and bar
options, indoor and outdoor fitness facilities, swimming pool, pickleball courts, and golf
putting course. The conceptual open space and trails plans show a variety of open spaces
including natural wash corridors, enhanced open space/amenity areas, and passive open
spaces. Natural wash corridors will be left in their natural condition except for trails.
Passive open spaces will be re-vegetated/landscaped with a native plant palette and will
include trails as the primary amenity feature. The enhanced open space areas will be
landscaped with a native plant palette that is accentuated with carefully selected drought
resistant succulents, accents, shrus, and trees that create aesthetic focal points throughout
the community. These focal points are further activated and structured for social
engagement with passive mini parks and primary active parks featuring a variety of
structural shade features, seating and picnic areas, game tables, turf areas, overlooks,
walking paths, dog parks, etc. (See Exhibit M: Conceptual Typical Open Space Amenities).
9. Fencing, Walls, Screening and Entry Monumentation.
Entry features, fencing and wall design for the residential development, including location,
will be carefully planned to provide the right balance of privacy, screening and visual access
to the community’s abundant open space and recreational amenities. Examples of
community theme elements are provided within Exhibit N: Community Theming.
10. Community Facilities and Services
This development will be part of a Homeowners Association (“HOA”), created at the time of
Final Plat. The HOA will own, manage, and maintain all common areas, open space facilities,
and private roadway improvements.
11. Land Planning
Exhibit E: Conceptual Lot Layout Plan is included with this application as a means of
demonstrating the intended relationship between lots, streets and open scape only. Detailed
planning and layouts will be determined at the time of preliminary and final plat approvals.
12. Conclusion
16
The requested rezoning proposes the implementation of a R1-6 RUPD zoning district and C-
2 CUPD zoning district (for clubhouse property only). The intention of the R1-6 RUPD is to
provide a flexible framework capable of facilitating a diversity of lot and product options.
The use of the County’s RUPD overlay will allow for an appropriate mix of buildable
standards to develop a successful community that can cater to various demographics and
market conditions for current and future single-family residential homes. The other major
change to the Property is the removal of the gold course. This updated and forward thinking
proposal enables the Applicant to reach a sustainable density threshold that allows for the
development of a first-class residential neighborhood that is cohesive with the surrounding
Rio Verde communities.
June 23, 2023
LEGAL DESCRIPTION FOR
WEST THIRTY SIX
GROSS ZONING PARCEL
That part of Section 36, Township 5 North, Range 6 East, of the Gila and Salt River Meridian,
Maricopa County, Arizona, more particularly described as follows:
Commencing at the Aluminum Cap marking the Northeast Comer of said Section 36, from
which the Brass Cap flush marking the North Quarter Comer of said Section 36 bears South
89°42'41" West, a distance of 2638.99 feet;
Thence South 89°42'41" West, along the North line of the Northeast Quarter of said Section 36, a
distance of 825 .15 feet;
Thence South 00°09'27" East, a distance of 100.00 feet to the Point of Beginning;
Thence continuing South 00°09'27" East, a distance of 5181.46 feet to the Southwest Comer of
Tonto Verde Unit Three as recorded in Book 386 of Maps, Page 28, records of Maricopa
County, Arizona, being a point on the South line of the Southeast Quarter of said Section 36;
Thence South 89°42'13" West, along said South line, a distance of 1816.54 feet to the Brass Cap
flush marking the South Quarter Comer of said Section 36;
Thence South 89°41'14" West, along the South line of the Southwest Quarter of said Section 36,
a distance of 1867 .28 feet;
Thence North 38°19'01" West, departing said South line, a distance of 599.77 feet to the
beginning of a tangent curve of 186.48 foot radius, concave Easterly;
Thence Northerly, along said curve, through a central angle of 76°27'00", a distance of 248.82
feet;
Thence North 38°07'59" East, a distance of 262.39 feet to the beginning of a tangent curve of
386.48 foot radius, concave Westerly;
Thence Northerly, along said curve, through a central angle of 64 °24'42", a distance of 434.48
feet;
Thence North 26°16'43" West, a distance of 615.09 feet to a point on a 1332.40 foot radius non
tangent curve, whose center bears North 63°45'14" East;
Thence North, along said curve, through a central angle of 26°09'44", a distance of 608.40 feet;
N:\01\0359101 \Admin\Legal Descriptions\G-LG-ZONING-GROSS.docx
Page 1 of 2
4550 NORTH 12TH STREET PHOENIX, ARIZONA 85014-4291 {602) 264-6831 FAX {602) 264-0928
CVL
CONSULTANTS
Exhibit B
Thence North 00°06'20" West, a distance of 181.82 feet;
Thence North 00°05'41" West, a distance of 2270.13 feet;
Thence North 89°40'44" East, a distance of 325.00 feet;
Thence North 00°05'41" West, a distance of 270.00 feet to a point on a line which is parallel with
and 100.00 feet Southerly from the North line of the Northwest Quarter of said Section 36;
Thence North 89°40'44" East, along said parallel line, a distance of 2112.57 feet to a point on a
line which is parallel with and 100.00 feet Southerly from the North line of the Northeast
Quarter;
Thence North 89°42'41" East, along said parallel line, a distance of 1813.90 feet to the Point of
Beginning.
Containing 21,322,759 Square Feet or 489.503 Acres, more or less.
N:\0 l \0359101 \Admin\Legal Descriptions\G-LG-ZONING-GROSS.docx
Page 2 of2
4550 NORTH 12TH STREET PHOENIX, ARIZONA 85014-4291 (602) 264-6831 FAX (602) 264-0928
CVL
CONSULTANTS
WEST THIRTY SIX
GROSS ZONING PARCEL
S89°42'40.70" W 825.15
S00°09'27.44" E 100.00
BOUNDARY
S00°09'27.44" E 5181.46
S89°42'12.66" W 1816.54
S89°41'13.71" W 1867.28
N38°19'01.29" W 599.77
RB = N51°40'58.71" E
R = 186.48
A = 248.82
C = 230.77
CB = N00°05'31.29" W
D = 76°26'60.00"
T = 146.88
RB = N51°52'01.29" W
N38°07'58.71" E 262.39
RB = N5 l
052'01.29" W
R = 386.48
A = 434.48
C = 411.96
CB = N05°55'37.71" E
D = 64°24'42.00"
T = 243.43
RB = N63°43'16.71" E
N26°16'43.29" W 615.09
RB = N63°45'13.88" E
R = 1332.40
A = 608.40
C = 603.12
CB = Nl3°09'54.10" W
D = 26°09'44.03"
T = 309.60
RB = S89°54'57.91" W
N00°06'20.22" W 181.82
N00°05'41.03" W 2270.13
N89°40'44.29" E 325.00
N00°05'41.03" W 270.00
N89°40'44.28" E 2112.57
N89°42'40.70" E 1813.90
to
Area = 21322759
489.503 AC
Closing course: 69°28'34.80" 0.007933
Misclosure: 1/1,000,000+
North Error: 0.002781
East Error: 0.007430
N:\01\0359101\CADD\Exhibits\VX.GROSS.PCL.dwg Dominique June 23, 2023
OF
1
2
WEST THIRTY-SIX
4550 North 12th Street
Phoenix, Arizona 85014
Phone 602-264-6831
http://www.cvlci.com
SCALE 1" = 1000'
EXHIBIT
JOMAX ROAD ALIGNMENT
176TH STREET
RIO VERDE DRIVE
GROSS ZONING PARCEL
LINE TABLE
NO.
BEARING
LENGTH
CURVE TABLE
NO.
LENGTH
RADIUS
DELTA
TANGENT
CHORD
CHORD-BEARING
N:\01\0359101\CADD\Exhibits\VX.GROSS.PCL.dwg Dominique June 23, 2023
OF
2
2
WEST THIRTY-SIX
GROSS ZONING PARCEL
4550 North 12th Street
Phoenix, Arizona 85014
Phone 602-264-6831
http://www.cvlci.com
NO SCALE
EXHIBIT
ARTICLE 803.2. USE REGULATIONS: A building or premises shall be used only for the
following purposes:
1.
Antique shops
2.
Arcades*22
3.1.
Art galleries
4.
Automobile parts and supplies
5.2.
Bakery shops, including baking on the premises for on-site sales only.
6.3.
Banks
7.4.
Barber and beauty shops
8.5.
Book, stationery and gift shops except adult oriented facilities as
defined under Chapter 2.*2
9.
Business schools (such as: real estate, secretarial, data processing),
but not including trade schools.
10.6. Candy shops, including manufacturing of candy on the premises for on-
site sales only.
11.7. Churches and houses of worship, including accessory columbariums
provided that the building area of the columbarium shall not exceed
10% of the total building area of the church building(s).*6, *22
12.
Cleaning agencies, laundry agencies, pressing establishments and self-
service laundries, including self-service dry cleaning machines, provided
there is no cleaning of clothes on the premises.
13.8. Clock and watch repair shops
14.9. Clothing and dry good shops, including clothing and costume rental.
15.10. Craft and hobby shops, with incidental craft or hobby instruction only.
SECTION 803. C-1 (Neighborhood Commercial Zoning District) *1
Exhibit H
16.11. Day nurseries and nursery schools, including a playground and
playground equipment which shall be screened from any adjoining rural
or residential zoning district.
17.12. Delicatessen shops
18.13. Dress shops
19.14. Drugstores and soda fountains
20.15. Privately owned or operated stations for fire protection, police or
security service, ambulance or other emergency service providers.*18
21.16. Florist shops
22.
Gasoline service stations, provided all incidental repair work is
conducted wholly within a completely enclosed building and space
required for such repair work does not constitute more than 60% of
the floor area.
23.17. Grocery stores and meat markets, provided there is no slaughtering of
animals or poultry on the premises.
24.18. Hardware shops
25.19. Household appliance shops
26.20. Ice cream shops, including manufacturing of ice cream on the premises
for on-site sales only.
27.21. Interior decorator shops
28.22. Jewelry shops
29.
Key, locksmith or gun shops
30.
Liquor stores limited to retail sales of package goods for off-site
consumption.
31.23. Offices
32.24. Photographer's and artist's studios
33.25. Precision, optical and musical instrument repair shops
34.26. Private clubs and fraternal organizations *22
35.27. Private schools operated as a commercial enterprise, except trade
schools.
36.28. Public facilities such as libraries, museums, parks, playgrounds,
community buildings including police stations, post offices and other
community service buildings
used for non-commercial non-profit
purposes.
37.
Public schools; elementary, high school and college
38.
Radio and television shops, including repair
39.29. Restaurants and cafes, including drive-through but not including those
having dancing or shows, or drive-in car service. The sale of alcoholic
beverages for on-site consumption only may be permitted as an
accessory use if the kitchen facilities in the restaurant do not exceed
20% of the floor area. Patios, cocktail lounges and outside dining and drinking
areas shall be limited to a space serving no more than 50 patrons, and no
entertainment or music shall be audible off site. *23
40.30. Secretarial or answering services
41.
Service to the public of water, gas, electricity, telephone, cable
television and sewage including wastewater treatment plants. The
foregoing shall
be deemed
to include attendant facilities and
appurtenances to these uses, including, without limitation, distribution,
collector and feeder lines, pumping or booster stations along pipelines,
and substations along electric transmission lines.*12
42.31. Shoe repair shops
43.32. Tailor shops
44.33. Variety or notion stores
45.
Video rental stores*8, *22
46.
Any use permitted in the R-5 Multi-Family Residential Zoning District.*21
47.34. Accessory buildings and uses customarily incidental to the above uses.
Renewable energy systems are not permitted as a primary
use but may be permitted as an accessory use as set forth in Section
1206 of this Ordinance. Where renewable energy systems involve
the generation or storage of electricity, only grid-connected or off-
grid systems are permitted.*16
48.35. Emergency housing - Temporary shelter required due to a natural
disaster or fire or other circumstances determined to constitute an
emergency by the zoning inspector.*9, *11
49.
Temporary construction administration offices/yard complex –which
may include a security office or residence for a security guard provided
that the following conditions are met:*13, *22
a.
The uses are only associated with the developer/owner and
subdivision or project in which they are located.*22
b.
Upon sale of the development, cessation of the need for the use
(95% buildout), or cessation of the use, all structures,
modifications to structures and uses related to the temporary
facility removed.*22
c.
Those uses of structures allowed shall meet all building code
requirements.
d.
All items stored on site shall only be those required for the
construction on site.
e.
The allowed uses may encroach into setback areas.
f.
All necessary permits must be issued prior to placement on the
site.
50.36. Gardens and community gardens as defined in Chapter 2.*1
ARTICLE 804.2. USE REGULATIONS: A building or premises shall be used only for the
following purposes:*21
1.
Any use permitted in the C-1 Zoning District subject to all the
regulations specified in the use regulations for such C-1 Zoning District
unless the use is otherwise regulated in this Section.*20
2.
Adult oriented facilities as defined under Chapter 2, subject to the
following conditions: *11
a.
Adult oriented facilities shall not be located within 1,500 feet
of any other adult oriented facility.
b.
Adult oriented facilities shall not be located within 1,500 feet
of:
1.
A church; or
2.
A public or private elementary or secondary school; or
3.
A public or private day care center, preschool, nursery,
kindergarten, or similar use; or
4.
A public park or playground; or
5.
A medical marijuana dispensary or a medical marijuana
offsite cultivation location. *18
c.
For purposes of measuring separation distances required in this
section, the measurements shall be taken in a straight line from
the closest exterior walls of any affected structures without
regard to intervening structures or objects or political
boundaries.
d.
An adult oriented business lawfully operating is not rendered in
violation of these provisions by the subsequent location of a
church, public or private elementary or secondary school, a park
or playground, or a medical marijuana dispensary or medical
marijuana offsite cultivation location within 1,500 feet of the
adult oriented business. *18
SECTION 804. C-2 (Intermediate Commercial Zoning District) *1
e.
This provision shall not be construed as permitting any use or
act which is otherwise prohibited or made punishable by law.
3.2.
Art metal and ornamental iron shops.
4.
Automobile laundries, provided steam cleaning is confined to a
building.
5.
Automobile repair shops and garages, including an outside vehicle
storage area to be used for vehicles under repair which shall be
completely screened from any street or surrounding property, and
further provided all repair operations are conducted within a building.
6.
New and used, automobile and golf cart sales, and rentals provided all
sales, service, and repair activities are conducted within a building.
*10, *13, *15
7.3.
Awning and canvas stores.
8.4.
Bars, including retail sales of package goods for off-site consumption,
provided that there is no entertainment or music audible offsite.
9.5.
Health spas and public gyms. *2
10.6. Blueprint, photostat and reproduction (copy) services.
11.
Boat sales, including an outside display area, providing all sales and
repair activities are conducted within a building. *15
12.
Cabinet and carpenter shops.
13.7. Catering establishments not utilizing any manufacturing process or
outside storage of materials or vehicles.
14.8. Conservatories or studios: Art, dancing or music.
15.9. Department stores.
16.10. Drive-in restaurants and refreshment stands.
17.
Electrical fixtures and appliance sales, repair and service.
18.
Feed stores, inside storage only.
19.
Funeral homes, mortuaries and chapels.
20.11. Furniture stores including: New, used, finished or unfinished
merchandise.
21.
Gas (butane or propane), retail sales of.*6
22.12. Hospitals, group care facilities and detoxification facilities. *21 & *24
23.13. Hotels, resorts, motels. *21
24.14. Laboratories, medical or dental.
25.15. Farm animal (horse, cattle and other farm animal) medical clinics and
surgical hospitals. *21
26.16. Liquor stores.
27.17. Nurseries, flower and plant sales, provided all incidental equipment and
supplies including fertilizer and empty cans, are kept within a
completely enclosed building or within an area enclosed on all sides by
a solid fence or wall at least six feet in height and no goods,
materials or objects are stacked higher than the fence or wall so
erected.
28.18. Paint and wall paper stores.
29.19. Parking lots and public garages, subject to parking standards in
Chapter 11, Section 1102.
30.20. Pet shops, including the treatment or boarding of cats, dogs or other
small animals.*21
31.
Plumbing shops.
32.
Pool halls or billiard centers.
33.
Radio and television broadcasting stations and studios, but not
including transmitter towers and stations.
34.21. Rental services: Household, lawn, garden, sickroom or office
equipment.
35.22. Restaurants and cafes, including patios, cocktail lounges, and outside
dining and drinking areas, provided there is no amplified entertainment
or music audible off-site. *14, *22
36.23. Retail stores.
37.
Taxidermists.
38.24. Theaters, but not including a drive-in theater and adult oriented
facilities as defined under Chapter 2. *2
39.
Tinsmith shops.
40.25. Trade schools.
41.
Upholstery shops.
42.26. Veterinary hospitals, clinics and kennels for dogs, cats and small
animals. *21
43.
Self-storage facilities.*21
44.27. Accessory buildings and uses customarily incidental to the above.
45.
Medical
Marijuana
Dispensary
Facilities
and/or
Marijuana
Establishment as defined in Chapter 2 of this Ordinance subject to all
rules adopted by the Arizona Department of Health Services and to the
following conditions:*20 *23
a.
Medical
Marijuana
Dispensaries
and/or
Marijuana
Establishments shall not be located within 1,500 feet of any
other Medical Marijuana Dispensary and/or Marijuana
Establishments. *23
b.
Medical
Marijuana
Dispensaries
and/or
Marijuana
Establishments shall not be located within 1,500 feet of: *23
1.
A church; or
2.
A public or private elementary or secondary school; or
3.
A public or private day care center, preschool, nursery,
kindergarten, or similar use; or
4.
A public park or playground; or
5.
An adult oriented facility.
c.
For purposes of measuring separation distances required in
this section, the measurements shall be taken in a straight line
from the closest exterior wall of the subject building to the
closest boundary line of any affected parcel without regard to
intervening structures or objects or political boundaries.
d.
A
Medical
Marijuana
Dispensary
and/or
Marijuana
Establishment lawfully operating is not rendered in violation
of these provisions by the subsequent location of a church,
public or private elementary or secondary school, a
kindergarten or preschool or similar use, or a park or
playground within 1,500 feet of the Medical Marijuana
Dispensary and/or Marijuana Establishment and/or Medical
Marijuana Offsite Cultivation Location. *23
e.
This provision shall not be construed as permitting any use or
act which is otherwise prohibited or made punishable by law.
f.
The facility may only have retail sale / dispersal of product,
with cultivation, extraction and infusion to the on-site retail
sale / dispersal of product. A Marijuana Establishment as
defined in Chapter 2 of this Ordinance shall be limited to type
‘A’ only. *23
46.
Halfway houses.*24
47.28. Boarding houses. *24
June 23, 2023
LEGAL DESCRIPTION FOR
WEST THIRTY SIX
Rl-6 RUPD, SINGLE FAMILY ZONING PARCEL
That part of Section 36, Township 5 North, Range 6 East, of the Gila and Salt River Meridian,
Maricopa County, Arizona, more particularly described as follows:
Commencing at the Aluminum Cap marking the Northeast Comer of said Section 36, from
which the Brass Cap flush marking the North Quarter Comer of said Section 36 bears South
89°42'41" West, a distance of 2638.99 feet;
Thence South 89°42'41" West, along the North line of the Northeast Quarter of said Section 36, a
distance of 825 .15 feet;
Thence South 00°09'27" East, a distance of 100.00 feet to the Point of Beginning, hereinafter
referred to as Point A;
Thence continuing South 00°09'27" East, a distance of 5181.46 feet to the Southwest Comer of
Tonto Verde Unit Three as recorded in Book 386 of Maps, Page 28, records of Maricopa
County, Arizona, being a point on the South line of the Southeast Quarter of said Section 36, said
point hereinafter referred to as Point B;
Thence South 89°42'13" West, along said South line, a distance of 1816.54 feet to the Brass Cap
flush marking the South Quarter Comer of said Section 36;
Thence South 89°41'14" West, along the South line of the Southwest Quarter of said Section 36,
a distance of 1867 .28 feet;
Thence North 38°19'01" West, departing said South line, a distance of 599.77 feet to the
beginning of a tangent curve of 186.48 foot radius, concave Easterly;
Thence Northerly, along said curve, through a central angle of 76°27'00", a distance of 248.82
feet;
Thence North 38°07'59" East, a distance of 262.39 feet to the beginning of a tangent curve of
386.48 foot radius, concave Westerly;
Thence Northerly, along said curve, through a central angle of 64 °24'42", a distance of 434.48
feet;
Thence North 26°16'43" West, a distance of 615.09 feet to a point on a 1332.40 foot radius non
tangent curve, whose center bears North 63°45'14" East;
N:\01\0359101\Admin\Legal Descriptions\G-LG-ZONING-SF.docx
Page 1 of 3
4550 NORTH 12TH STREET PHOENIX, ARIZONA 85014-4291 {602) 264-6831 FAX {602) 264-0928
CVL
CONSULTANTS
Exhibit O
Thence North, along said curve, through a central angle of 26 °09'44", a distance of 608.40 feet;
Thence North 00 °06'20" West, a distance of 181.82 feet;
Thence North 00 °05'41" West, a distance of 2270.13 feet;
Thence North 89 °40'44" East, a distance of 325.00 feet;
Thence North 00 °05'41" West, a distance of 270.00 feet to a point on a line which is parallel with
and 100.00 feet Southerly from the North line of the Northwest Quarter of said Section 36 ;
Thence North 89 °40'44" East, along said parallel line, a distance of 2112.57 feet to a point on a
line which is parallel with and 100.00 feet Southerly from the North line of the Northeast
Quarter;
Thence North 89 °42'41" East, along said parallel line, a distance of 1813.90 feet to the Point of
Beginning.
Except therefrom:
Commencing at the aforementioned Point A;
Thence South 54 °02'36" West, a distance of 2572.54 feet to the Point of Beginning and from
which the aforementioned Point B bears South 29 °43'58" East, a distance of 4227.46 feet;
Thence South 24 °18'25" East, a distance of 414.00 feet;
Thence South 10 °29'46" East, a distance of 353.38 feet;
Thence South 82 °55'44" West, a distance of 105.41 feet;
Thence South 06 °42'45" East, a distance of 122.93 feet;
Thence South 67 °50'38" West, a distance of 243.29 feet;
Thence South 22 °09'22" East, a distance of 189.96 feet;
Thence South 39 °25'36" West, a distance of 63.38 feet;
Thence North 68 °33'58" West, a distance of 265.46 feet to the beginning of a tangent curve of
550.00 foot radius, concave Northeasterly;
Thence Northwesterly, along said curve, through a central angle of 89 °19'50", a distance of
857.51 feet;
Thence North 20 °45'52" East, a distance of 349.99 feet to the beginning of a tangent curve of
700.00 foot radius, concave Westerly;
Thence Northerly, along said curve, through a central angle of05 °47'40", a distance of 70.79
feet;
N:\01\0359101\Admin\Legal Descriptions\G-LG-ZONING-SF.docx
Page 2 of3
CVL
4550 NORTH 12TH STREET PHOENIX, ARIZONA 85014-4291 {602) 264-6831 FAX {602) 264-0928
CONSULTANTS
Thence South 87°16'28" East, a distance of 464.51 feet to the Point of Beginning.
Containing 20,579,734 Square Feet or 472.446 Acres, more or less.
N:\0 l \0359101 \Admin\Legal Descriptions\G-LG-ZONING-SF.docx
Page 3 of3
4550 NORTH 12TH STREET PHOENIX, ARIZONA 85014-4291 (602) 264-6831 FAX (602) 264-0928
CVL
CONSULTANTS
WEST THIRTY SIX
Rl-6 RUPD, SINGLE FAMILY PARCEL
S89°42'40.70" W 825.15
S00°09'27.44" E 100.00
BOUNDARY
S00°09'27.44" E 5181.46
S89°42'12.66" W 1816.54
S89°41'13.71" W 1867.28
N38°19'01.29" W 599.77
RB = N51°40'58.71" E
R = 186.48
A = 248.82
C = 230.77
CB = N00°05'31.29" W
D = 76°26'60.00"
T = 146.88
RB = N5l052'01.29" W
N38°07'58.71" E 262.39
RB = N5 l 052'01.29" W
R = 386.48
A = 434.48
C = 411.96
CB = N05°55'37.71" E
D = 64°24'42.00"
T = 243.43
RB = N63°43'16.71" E
N26°16'43.29" W 615.09
RB = N63°45'13.88" E
R = 1332.40
A = 608.40
C = 603.12
CB = Nl3°09'54.10" W
D = 26°09'44.03"
T = 309.60
RB = S89°54'57.91" W
N00°06'20.22" W 181.82
N00°05'41.03" W 2270.13
N89°40'44.29" E 325.00
N00°05'41.03" W 270.00
N89°40'44.28" E 2112.57
N89°42'40.70" E 1813.90
to
Area = 21322759
489.503 AC
Closing course: 69°28'34.80" 0.007933
Misclosure: 1/1,000,000+
North Error: 0.002781
East Error: 0.007430
WEST THIRTY SIX
Rl-6 RUPD, SINGLE FAMILY PARCEL
EXCEPTION
S54°02'35.71" W 2572.54
BOUNDARY
S24°18'24.8526" E 414.00
Sl0°29'46.0453" E 353.38
S82°55'43.6733" W 105.41
S06°42'45.0021" E 122.93
S67°50'37.7437" W 243.29
S22°09'22.2563" E 189.96
S39°25'35.983 l" W 63.38
N68°33'57.7393" W 265.46
RB = N2 l
026'02.2607" E
R = 550.00
A = 857.51
C = 773.26
CB = N23°54'02.6610" W
D = 89°19'50.1567"
T = 543.61
RB = N69°14'07.5826" W
N20°45'52.4174" E 349.99
RB = N69°14'07.5826" W
R = 700.00
A = 70.79
C = 70.76
CB = Nl 7°52'02.3407" E
D = 05°47'40.1535"
T = 35.43
RB = S75°01'47.7361" E
S87°16'28.2731" E 464.51
Area = 743025
17.058 AC
Closing course: 89°16'53.0007" 0.004760
Misclosure: 1/717,787
North Error: 0.000060
East Error: 0.004759
N:\01\0359101\CADD\Exhibits\VX.ZONING.dwg Dominique June 23, 2023
OF
1
2
WEST THIRTY-SIX
4550 North 12th Street
Phoenix, Arizona 85014
Phone 602-264-6831
http://www.cvlci.com
SCALE 1" = 1000'
EXHIBIT
JOMAX ROAD ALIGNMENT
176TH STREET
RIO VERDE DRIVE
ZONING PARCEL
R1-6 RUPD, SINGLE FAMILY
LINE TABLE
NO.
BEARING
LENGTH
LINE TABLE
NO.
BEARING
LENGTH
CURVE TABLE
NO.
LENGTH
RADIUS
DELTA
TANGENT
CHORD
CHORD-BEARING
N:\01\0359101\CADD\Exhibits\VX.ZONING.dwg Dominique June 23, 2023
OF
2
2
WEST THIRTY-SIX
4550 North 12th Street
Phoenix, Arizona 85014
Phone 602-264-6831
http://www.cvlci.com
NO SCALE
EXHIBIT
ZONING PARCEL
R1-6 RUPD, SINGLE FAMILY
June 23, 2023
LEGAL DESCRIPTION FOR
WEST THIRTY SIX
C-2, COMMERCIAL ZONING PARCEL
That part of Section 36, Township 5 North, Range 6 East, of the Gila and Salt River Meridian,
Maricopa County, Arizona, more particularly described as follows:
Commencing at the Aluminum Cap marking the Northeast Comer of said Section 36, from
which the Brass Cap flush marking the North Quarter Comer of said Section 36 bears South
89°42'41" West, a distance of 2638.99 feet;
Thence North 60°57'07" East, a distance of 3325.54 feet to the Point of Beginning from which
the Southwest Comer of Tonto Verde Unit Three as recorded in Book 386 of Maps, Page 28,
records of Maricopa County, Arizona, being a point on the South line of the Southeast Quarter of
said Section 36, bears South 29°43'58" East, a distance of 4227.46 feet;
Thence South 24°18'25" East, a distance of 414.00 feet;
Thence South 10°29'46" East, a distance of 353.38 feet;
Thence South 82°55'44" West, a distance of 105.41 feet;
Thence South 06°42'45" East, a distance of 122.93 feet;
Thence South 67°50'38" West, a distance of 243.29 feet;
Thence South 22°09'22" East, a distance of 189.96 feet;
Thence South 39°25'36" West, a distance of 63.38 feet;
Thence North 68°33'58" West, a distance of 265.46 feet to the beginning of a tangent curve of
550.00 foot radius, concave Northeasterly;
Thence Northwesterly, along said curve, through a central angle of 89°19'50", a distance of
857.51 feet;
Thence North 20°45'52" East, a distance of 349.99 feet to the beginning of a tangent curve of
700.00 foot radius, concave Westerly;
Thence Northerly, along said curve, through a central angle of 05°47'40", a distance of 70.79
feet;
Thence South 87°16'28" East, a distance of 464.51 feet to the Point of Beginning.
Containing 743,025 Square Feet or 17.058 Acres, more or less.
N:\0 l \0359101 \Admin\Legal Descriptions\G-LG-ZONING-COMM.docx
Page 1 ofl
CVL
4550 NORTH 12TH STREET PHOENIX, ARIZONA 85014-4291 (602) 264-6831 FAX (602) 264-0928
CONSULTANTS
Exhibit P
WEST THIRTY SIX
C-2 COMMERCIAL PARCEL
N60°57'07.41" E 3325.54
BOUNDARY
S24°18'24.85" E 414.00
Sl0°29'46.05" E 353.38
S82°55'43.67" W 105.41
S06°42'45.00" E 122.93
S67°50'37.74" W 243.29
S22°09'22.26" E 189.96
S39°25'35.98" W 63.38
N68°33'57.74" W 265.46
RB = N21 °26'02.26" E
R = 550.00
A = 857.51
C = 773.26
CB = N23°54'02.66" W
D = 89°19'50.16"
T = 543.61
RB = N69°14'07.58" W
N20°45'52.42" E 349.99
RB = N69°14'07.58" W
R = 700.00
A = 70.79
C = 70.76
CB = NI 7°52'02.34" E
D = 05°47'40.15"
T = 35.43
RB = S75°01'47.74" E
S87°16'28.27" E 464.51
to
Area = 743025
17.058 AC
Closing course: 89°16'53.00" 0.004760
Misclosure: 1/717,787
North Error: 0.000060
East Error: 0.004759
N:\01\0359101\CADD\Exhibits\VX.EXCEPTION.dwg Dominique June 23, 2023
OF
1
2
WEST THIRTY-SIX
4550 North 12th Street
Phoenix, Arizona 85014
Phone 602-264-6831
http://www.cvlci.com
SCALE 1" = 1000'
EXHIBIT
JOMAX ROAD ALIGNMENT
176TH STREET
RIO VERDE DRIVE
ZONING PARCEL
C-2, COMMERCIAL
LINE TABLE
NO.
BEARING
LENGTH
CURVE TABLE
NO.
LENGTH
RADIUS
DELTA
TANGENT
CHORD
CHORD-BEARING
N:\01\0359101\CADD\Exhibits\VX.EXCEPTION.dwg Dominique June 23, 2023
OF
2
2
WEST THIRTY-SIX
4550 North 12th Street
Phoenix, Arizona 85014
Phone 602-264-6831
http://www.cvlci.com
NO SCALE
EXHIBIT
ZONING PARCEL
C-2, COMMERCIAL
Page | 1
Subdivision
Infrastructure
& Planning Program
301 W. Jefferson St.
Phoenix, AZ 85003
Subdi vi sio n@mari co pa.go v
esd.mar i co pa.go v
The Maricopa County Environmental Services Department (MCESD) has completed review
for the WEST THIRTY-SIX planning case(s). Please note the following MCESD requirements
for site development:
Subdivision and Infrastructure –
An Approval to Construct application is required and must be submitted to MCESD’s
Subdivision & Infrastructure Program for water, reclaimed water and/or wastewater system
infrastructure.
A will serve letter issued by the Utility is required and must be submitted to MCESD’s
Subdivision & Infrastructure Program if the site/development will be provided with water
and/or reclaimed water by a Utility. A capacity assurance letter issued by the Utility is
required to MCESD’s Subdivision & Infrastructure Program if the site/development
wastewater service is being provided by a Utility.
An Approval of Sanitary Facilities (Subdivision) application is required to the MCESD’s
Subdivision & Infrastructure Program for Subdivisions with Single Family Residences and
for Condominiums/Town Homes.
A concept review will be required to determine site feasibility for Environmental Services
related permits. Prior to moving case forward, the findings of the review will be provided to
the planner assigned to the case with Planning and Development for staff review and
recommendation.
•
The applicant will be required to submit a master plan review for water and
wastewater infrastructure along with $500 fee for each to the MCESD’s Subdivision
& Infrastructure Program.
For subdivision related questions, please contact the Subdivision and Infrastructure
Program at (602) 506-1058 or email subdivision@maricopa.gov.
Project Name: WEST THIRTY-SIX
Primary Contact Name: Jim Thomson
Planning Application Type: Development
Master Plan - Major Amendment
APN(s): 219-38-981
Reviewer: Souren Naradikian, P.E.
Email: Souren.Naradikian@maricopa.gov
Phone: 602-372-2907
Planner Name: Rachel Applegate
Planning Case #: DMP2023001
Date: April 10, 2023
Water and Waste Management Division
Page | 2
Additional Notes –
Environmental Services does not require these items for condition of approval of DMP2023001,
however these items must be addressed with the development of the site. Environmental Services
does not require additional review of this case.
*It should be noted that this document does not approve the referenced project. Comments are provided
for the benefit of the applicant for MCESD permit requirements and as an advisory to Maricopa County
Planning and Development Department. Other Maricopa County agencies may have additional
requirements. Final review and approval will be made through Planning and Development Department
procedures. Applicant may need to submit separate applications to the Maricopa County Environmental
Services Department for approval of proposed facilities regulated by the Department. Review of any such
application will be based on current regulations at the time of application.
Page | 1
Subdivision
Infrastructure
& Planning Program
301 W. Jefferson St.
Phoenix, AZ 85003
Subdi vi sio n@mari co pa.go v
esd.mar i co pa.go v
The Maricopa County Environmental Services Department (MCESD) has completed review
for the Zone changes from RU-43 zoning district to R1-6, entitlements for approximately 490
gross acres. planning case(s). Please note the following MCESD requirements for site
development:
Subdivision and Infrastructure –
An Approval to Construct application is required and must be submitted to MCESD’s
Subdivision & Infrastructure Program for water, reclaimed water and/or wastewater system
infrastructure.
A will serve letter issued by the Utility is required and must be submitted to MCESD’s
Subdivision & Infrastructure Program if the site/development will be provided with water
and/or reclaimed water by a Utility. A capacity assurance letter issued by the Utility is
required to MCESD’s Subdivision & Infrastructure Program if the site/development
wastewater service is being provided by a Utility.
An Approval of Sanitary Facilities (Subdivision) application is required to the MCESD’s
Subdivision & Infrastructure Program for Subdivisions with Single Family Residences and
for Condominiums/Town Homes.
For subdivision related questions, please contact the Subdivision and Infrastructure
Program at (602) 506-1058 or email subdivision@maricopa.gov.
Additional Notes –
Environmental Services does not require these items for condition of approval of Z2023039 , however
these items must be addressed with the development of the site. Environmental Services does not
require additional review of this case.
Project Name: Zone changes from RU-43
zoning district to R1-6, entitlements for
approximately 490 gross acres.
Primary Contact Name: RAY BANKER
Planning Application Type: Zone Change
with Overlay
APN(s): 219-38-981, 2 9-38-043, 219-
38-038H, 219-38-038P, 219-38- 038R,
219-38-044, & 219-38-045
Reviewer: Souren Naradikian, P.E.
Email: Souren.Naradikian@maricopa.gov
Phone: 602-372-2907
Planner Name: Rachel Applegate
Planning Case #: Z2023039
Date: April 10, 2023
Water and Waste Management Division
Page | 2
*It should be noted that this document does not approve the referenced project. Comments are provided
for the benefit of the applicant for MCESD permit requirements and as an advisory to Maricopa County
Planning and Development Department. Other Maricopa County agencies may have additional
requirements. Final review and approval will be made through Planning and Development Department
procedures. Applicant may need to submit separate applications to the Maricopa County Environmental
Services Department for approval of proposed facilities regulated by the Department. Review of any such
application will be based on current regulations at the time of application.
Page 1 of 2
Bob Fedorka, PE
Planning & Development
301 W. Jefferson St., Suite 170
Phoenix, Arizona 85003
Phone: (602) 506-7151
www.maricopa.gov/planning
Email address:
bob.fedorka@maricopa.gov
Planning & Development
Engineering Plan Review
Date:
July 26, 2023
Memo To: Darren Gerard, AICP, Planning Manager, Department of Planning &
Development
Attn:
Rachel Applegate, Sr. Planner, Planning & Development Services
From:
Bob Fedorka, P.E., Engineering Supervisor, Planning & Development
Services
cc:
Michael Norris, P.E., Engineering Manager, Planning & Development
Subject:
Z2023039 - Zone Change (to R1-6 RUPD & C-2)
DMP2023001 - DMP Amendment To DMP 90-4
(E2 Memo)
Job Site Address: SEC Rio Verde Drive and 176th Street, Rio Verde
APN(s):
219-38-981 + 6 Others
This application is to specify zoning for future development and does not include a
Plan of Development.
PND Engineering Plan Review (DPR & FCD) has reviewed the 2nd submittal of the
Zone Change application routed for review on July 6, 2023, and has no objections
subject to the following conditions:
1. Without the submittal of a precise plan of development, no development approval
is inferred by this review, including, but not limited to number of proposed building
lots/units, drainage/flood design, access and roadway alignments. These items
will be addressed as development plans progress and are submitted to the
County for further review and/or entitlement.
2. Updated Traffic Studies must be submitted with each subsequent entitlement
application(s) (preliminary plats or plans of development as the case may be).
3. Each plat within the development must contain at least two (2) points of access
in accordance with Maricopa County (MCDOT) Ordinance P-36 Article V. Each
plat must be able to standalone with respect to site access and drainage
requirements.
4. The site is encumbered by large areas of Special Flood Hazard Areas (SFHAs)
(FEMA Zone AE Floodplains). A CLOMR (and subsequent LOMR) is required to
remove all proposed residential building lots and other development from the
SFHAs.
Page 2 of 2
5. Downstream discharges of the SFHAs are directed towards existing residential
subdivision(s). The current discharge location and characteristics must be
maintained as part of the CLOMR/drainage design.
6. The are several non-delineated washes that traverse the site that discharge along
the south and east boundaries. These historic discharges must be maintained as
part of the overall drainage design.
7. A singular overall master preliminary plat must be submitted for the entire
development to address the overall drainage design for the project. Areas
proposed for development should be designated as tracts (that will be
subsequently re-platted to contain their own individual drainage & circulation
designs). The master plat must include the main circulation corridor(s) that will
feed each of the tracts. This master plat must be approved before any final plat
can be approved.
8. The Owner/Applicant is responsible for identifying and procuring any permit(s) for
disturbance of, or work within delineated jurisdictional (404) washes from the US
Army Corps of Engineers.
9. Engineering review of DMP & Zoning cases is conceptual in nature. All
development and engineering design shall be in conformance with Section 1205
of the Maricopa County Zoning Ordinance; Drainage Policies and Standards;
Floodplain Regulations for Maricopa County; MCDOT Roadway Design Manual;
and current engineering policies, standards and best practices at the time of
application for construction.
The second submittal of the Traffic Impact Study is still pending. Comments will be
provided once the review is completed by MCDOT.
Please contact me if you have any questions or require any additional information.
https://maricopacounty.sharepoint.com/sites/DOTTSMO/TSMO Traffic Development/Z2023039 West 36 TIS Review.docx
MCDOT -- TRAFFIC ENGINEERING
REVIEW COMMENT SHEET
1 of 2
Project Name: West 36
Location: Rio Verde Drive & 176th Street
MCDOT File No.: DMP2023001 & Z2023039
Date: 08/22/2023
Reviewer: Amber Cauble
Phone No.: 602.319.9083
Consultant: Y2K Engineering, LLC.
Project No.:
Plans Sealed By: Rae Stephani, PE
Consultant Code:
A = Will Comply B = Deleted
C = Consultant to Evaluate
Item
Number
Page
Number
Comments
Consultant
Reply
= = =
1.
2.
3.
4.
5.
= = =
General
General
Site Plan
General
Table 7
2nd REVIEW (TIS) AMENDED
Consultant: Please use the code and respond to each comment in the
Consultant Reply Column. This sheet is for our record, please answer every
question and sign and date your acknowledgement or the plans will be
sent back to complete the process. Send back the marked-up plans and a
new set of plans along with this comment sheet. Thank you for your
cooperation.
= = = = = = = = = = = = = = = = = = = = = = = = = = = = = =
General Project Summary:
The proposed residential community spans nearly 500 acres and is located at
the southeast corner of Rio Verde Drive and 176th Street, in unincorporated
Maricopa County. The parcels included in this proposal are: 219-38-981,
219-38-043, 219-38-038R, 219-38-038P, 219-38-038H, 219-38-044, and 219-
38-045. The second submittal proposes two (2) full access driveways along
Rio Verde Drive and three (3) emergency access driveways along 176th Steet.
Per the TIS, the trip generation is based on ITE LUC 210 Single Family
Detached Housing – with 1,200 total Dwelling Units (DU). The proposed
development is estimated to generate 9,926 total daily trips with 715 AM peak
hour trips and 1,027 PM peak hour trips. The development plans to open in
2026 with full buildout by year 2033.
Review Comments:
The review comments, procedures, and requirements indicated below are in
accordance with the latest edition (2023) of the Maricopa County Department
of Transportation (MCDOT) Roadway Design Manual (RDM).
Include all driveways in traffic analysis. Additionally, discuss in text and
display (site plan) which driveways (if any) will be gated.
The site plan shown in Figure 5 and Appendix D is not acceptable. Update
site plan to include at minimum: right-of-way detail, location, size, and spacing
of proposed driveways. Refer to Typical-Site-Plan-Example-with-Checklist-
PDF (maricopa.gov) for guidance.
Clearly discuss master plan and development phasing. Additionally, provide
a detailed site plan for each phase of development. TIS submittal for each
phase may be required.
The study indicates, in year 2036, dual right and dual left turn lanes are
warranted for east bound right and northbound left. Dual turn lanes are
required for these movements final storage lengths shall be calculated as per
the RDM reference section 6.1.
Use CODE
"A", "B","C"
in this column
next to every
comment.
= = = =
https://maricopacounty.sharepoint.com/sites/DOTTSMO/TSMO Traffic Development/Z2023039 West 36 TIS Review.docx
MCDOT -- TRAFFIC ENGINEERING
REVIEW COMMENT SHEET
2 of 2
Project Name: West 36
Location: Rio Verde Drive & 176th Street
MCDOT File No.: Z2023039
Date: 08/22/2023
Reviewer: Amber Cauble
Phone No.: 602.319.9083
Consultant: Y2K Engineering, LLC.
Project No.:
Plans Sealed By: Rae Stephani, PE
Consultant Code:
A = Will Comply B = Deleted
C = Consultant to Evaluate
Item
Number
Sheet
Number
Comments
Consultant
Reply
= = =
6.
7.
8.
9.
10.
11.
= = =
General
21
22
General
General
General
2nd REVIEW (TIS) Amended
Consultant: Please use the code and respond to each comment in the
Consultant Reply Column. This sheet is for our record, please answer every
question and sign and date your acknowledgement or the plans will be
sent back to complete the process. Send back the marked-up plans and a
new set of plans along with this comment sheet. Thank you for your
cooperation.
= = = = = = = = = = = = = = = = = = = = = = = = = = = = = =
Review Comments:
Final determination/approval of site access will be made after the revised
study is submitted to MCDOT addressing the comments in the current review.
As shown in Table 8, signal warrants are met in build conditions. Design,
furnish and install traffic signal at Rio Verde Drive and Primary Road.
MCDOT will accept the “pre-box” for signalization with a bond on file for the
full signalization and intersection improvements to be completed when 600
homes are built or the signal warrants are met, whichever is sooner.
The future classification of Rio Verde Drive is minor principal arterial. The full
lane configuration will be two (2) east bound through lanes, a two-way left turn
lane, and two (2) west bound through lanes. Half-street improvements shall
be per RDM Figure 5.3 and will require further coordination with MCDOT as
the TWLTL and additional through lanes will be installed north of the existing
roadway to achieve proper alignment. Note: additional requirements may be
implemented as part of the permitting process.
Provide/maintain minimum of 100’ R/W on Rio Verde Drive, plus any
additional R/W as it relates to the signal, turn lanes, and any other
improvements along site frontage.
The future classification of 176th Street is local road. Provide a minimum
pavement width of 28’ with half-street improvements per latest MCDOT RDM,
refer to Figure 5.12.
Provide/maintain minimum of 100’ R/W along site frontage of 176th Street,
plus any additional R/W as it relates to the improvements along site frontage.
The Traffic Impact Study is CONDITIONALLY APPROVED only as it
pertains to the DMP2023001 application. The conditional approval is
based on the response letter dated 8/21/2023 stating the developer will
(be) “addressing all of these comments in their entirety with the first
submittal of a preliminary plat for the first phase of this project.”
Signature: _____________________________________ Date: ___________
Use CODE
"A", "B","C"
in this column
next to every
comment.
= = = =
1921 S. Alma School Rd, Ste 204 \ Mesa, AZ 85210
480.696.1701
info@y2keng.com
August 21, 2023
Amber Cauble
Engineer Associate – Traffic Development Branch
Transportation
TRANSPORTATION SYSTEMS MANAGEMENT & OPERATIONS (TSMO) Division
2901 W. Durango Street Phoenix, AZ 85009
RE: DMP2023001 & Z2023039
Dear Ms. Cauble:
We received and acknowledge the second round of comments on the above cases. Please see attached
comments dated 8/15/2023. Per the conference call with Toll and Tiffany & Bosco representatives on
August 17, 2023, we agree, on behalf of Toll Bros. and Shea Hoes, to addressing all of these comments in
their entirety with the first submittal of a preliminary plat for the first phase of this project.
We appreciate County staff’s willingness to address the details outlined in the MCDOT comments when a
more defined site plan and engineered preliminary plat is submitted to the County for review and approval
at the platting stage. Thank you.
Sincerely,
Rae Stephani, PE, PTOE, RSP1
Project Manager
Y2K Engineering, LLC
https://maricopacounty.sharepoint.com/sites/DOTTSMO/TSMO Traffic Development/Z2023039 West 36 TIS Review.docx
MCDOT -- TRAFFIC ENGINEERING
REVIEW COMMENT SHEET
1 of 2
Project Name: West 36
Location: Rio Verde Drive & 176th Street
MCDOT File No.: DMP2023001 & Z2023039
Date: 08/15/2023
Reviewer: Amber Cauble
Phone No.: 602.319.9083
Consultant: Y2K Engineering, LLC.
Project No.:
Plans Sealed By: Rae Stephani, PE
Consultant Code:
A = Will Comply B = Deleted
C = Consultant to Evaluate
Item
Number
Page
Number
Comments
Consultant
Reply
= = =
1.
2.
3.
4.
5.
= = =
General
General
Site Plan
General
Table 7
2nd REVIEW (TIS)
Consultant: Please use the code and respond to each comment in the
Consultant Reply Column. This sheet is for our record, please answer every
question and sign and date your acknowledgement or the plans will be
sent back to complete the process. Send back the marked-up plans and a
new set of plans along with this comment sheet. Thank you for your
cooperation.
= = = = = = = = = = = = = = = = = = = = = = = = = = = = = =
General Project Summary:
The proposed residential community spans nearly 500 acres and is located at
the southeast corner of Rio Verde Drive and 176th Street, in unincorporated
Maricopa County. The parcels included in this proposal are: 219-38-981,
219-38-043, 219-38-038R, 219-38-038P, 219-38-038H, 219-38-044, and 219-
38-045. The second submittal proposes two (2) full access driveways along
Rio Verde Drive and three (3) emergency access driveways along 176th Steet.
Per the TIS, the trip generation is based on ITE LUC 210 Single Family
Detached Housing – with 1,200 total Dwelling Units (DU). The proposed
development is estimated to generate 9,926 total daily trips with 715 AM peak
hour trips and 1,027 PM peak hour trips. The development plans to open in
2026 with full buildout by year 2033.
Review Comments:
The review comments, procedures, and requirements indicated below are in
accordance with the latest edition (2023) of the Maricopa County Department
of Transportation (MCDOT) Roadway Design Manual (RDM).
Include all driveways in traffic analysis. Additionally, discuss in text and
display (site plan) which driveways (if any) will be gated.
The site plan shown in Figure 5 and Appendix D is not acceptable. Update
site plan to include at minimum: right-of-way detail, location, size, and spacing
of proposed driveways. Refer to Typical-Site-Plan-Example-with-Checklist-
PDF (maricopa.gov) for guidance.
Clearly discuss master plan and development phasing. Additionally, provide
a detailed site plan for each phase of development. TIS submittal for each
phase may be required.
The study indicates, in year 2036, dual right and dual left turn lanes are
warranted for east bound right and northbound left. Dual turn lanes are
required for these movements final storage lengths shall be calculated as per
the RDM reference section 6.1.
Use CODE
"A", "B","C"
in this column
next to every
comment.
= = = =
https://maricopacounty.sharepoint.com/sites/DOTTSMO/TSMO Traffic Development/Z2023039 West 36 TIS Review.docx
MCDOT -- TRAFFIC ENGINEERING
REVIEW COMMENT SHEET
2 of 2
Project Name: West 36
Location: Rio Verde Drive & 176th Street
MCDOT File No.: Z2023039
Date: 08/15/2023
Reviewer: Amber Cauble
Phone No.: 602.319.9083
Consultant: Y2K Engineering, LLC.
Project No.:
Plans Sealed By: Rae Stephani, PE
Consultant Code:
A = Will Comply B = Deleted
C = Consultant to Evaluate
Item
Number
Sheet
Number
Comments
Consultant
Reply
= = =
6.
7.
8.
9.
10.
11.
= = =
General
21
22
General
General
General
2nd REVIEW (TIS)
Consultant: Please use the code and respond to each comment in the
Consultant Reply Column. This sheet is for our record, please answer every
question and sign and date your acknowledgement or the plans will be
sent back to complete the process. Send back the marked-up plans and a
new set of plans along with this comment sheet. Thank you for your
cooperation.
= = = = = = = = = = = = = = = = = = = = = = = = = = = = = =
Review Comments:
Final determination/approval of site access will be made after the revised
study is submitted to MCDOT addressing the comments in the current review.
As shown in Table 8, signal warrants are met in build conditions. Design,
furnish and install traffic signal at Rio Verde Drive and Primary Road.
MCDOT will accept the “pre-box” for signalization with a bond on file for the
full signalization and intersection improvements to be completed when 600
homes are built or the signal warrants are met, whichever is sooner.
The future classification of Rio Verde Drive is minor principal arterial. The full
lane configuration will be two (2) east bound through lanes, a two-way left turn
lane, and two (2) west bound through lanes. Half-street improvements shall
be per RDM Figure 5.3 and will require further coordination with MCDOT as
the TWLTL and additional through lanes will be installed north of the existing
roadway to achieve proper alignment. Note: additional requirements may be
implemented as part of the permitting process.
Provide/maintain minimum of 100’ R/W on Rio Verde Drive, plus any
additional ROW as it relates to the signal, turn lanes, and any other
improvements along site frontage.
The future classification of 176th Street is local road. Provide a minimum
pavement width of 28’ with half-street improvements per latest MCDOT RDM,
refer to Figure 5.12.
Provide/maintain minimum of 100’ R/W along site frontage of 176th Street,
plus any additional ROW as it relates to the improvements along site frontage.
The Traffic Impact Study is NOT approved.
Signature: _____________________________________ Date: ___________
Use CODE
"A", "B","C"
in this column
next to every
comment.
= = = =
2355 West Pinnacle Peak Road, Suite 300
Phoenix, AZ 85027 USA
epcor.com
06/20/2023
Carla Consoli
May Potenza Baran & Gillespie
1850 N. Central Ave., 16th Floor,
Phoenix, AZ 85004-4633
Sent via e-mail to: cconsoli@maypotenza.com
Re:
Will-Serve Letter for Water and Sewer Service
West Thirty Six
This letter is in response to your request to EPCOR Water Arizona Inc. (“EPCOR”), to provide a Will
Serve letter for the property known as “West Thirty Six” in the Rio Verde community within Maricopa
County (the Project). The Project consists of multiple parcels with APNs 219-38-981, 219-38-043, 219-
38-038H, 219-38-038P, 219-38-038R, 219-38-044, and 219-38-045. EPCOR provides the following
information for your consideration:
1. EPCOR has confirmed that the Project is located within the area encompassed by EPCOR’s
Certificate of Convenience & Necessity (CC&N) as issued by the Arizona Corporation
Commission (“Commission”) for water service.
2. The Project is not currently located within the area encompassed by EPCOR’s CC&N as issued
by the Commission for sewer service. This Will Serve letter is conditioned upon EPCOR
receiving approval from the Commission to expand its CC&N to provide sewer service to the
Project.
3. Water and sewer service to the Project by EPCOR will be provided pursuant to the rates,
charges, terms and conditions set forth in the tariffs of EPCOR as filed with the Commission.
Such services may be limited or conditioned by orders and decisions from the Commission and
the Arizona Department of Environmental Quality.
4. Water and sewer service to the Project by EPCOR will be conditioned upon developer entering
into a Master Utility Agreement with EPCOR, in a form that is acceptable to EPCOR, and upon
developer fully performing its obligations under the Master Utility Agreement.
5. If the Project proceeds in phases, water and wastewater service to each individual phase within
the Project will be conditioned upon developer entering into a Main Extension Agreement (an
“MXA”) with EPCOR, in a form acceptable to EPCOR, and upon developer fully performing its
obligations under the MXA. The MXA will provide, among other things, that developer will be
responsible for constructing at its cost the water main extensions necessary to distribute water
from EPCOR’s water system to the Project and all sewer main extensions necessary to connect
the Project to EPCOR’s sewer system. The design and construction of the main extensions will
be subject to EPCOR’s approvals, and ownership of the main extensions, together with related
DMP2023001 &
Z2023039
07/06/2023 9:31:27 AM
- -
2
real property easement rights, must be transferred to EPCOR prior to the initiation of water or
wastewater service to the subject parcel within the Project.
6. A.R.S. 45-576 requires land owners wishing to develop subdivisions in Active Management
Areas not served by a designated provider to obtain a Certificate of Assured Water Supply
(CAWS). The owner of the Project is therefore required to obtain a CAWS. This letter is not an
indication that the requirement to obtain a CAWS has been met.
This letter assumes that construction of the water and wastewater improvements for the Development
will begin within one (1) year after the date of this letter. If developer begins construction of any part of
the water or wastewater improvements for the Development without the prior written approval of such
construction by EPCOR, developer will be proceeding with such construction at its own risk.
This letter does not independently create any rights or obligations in either developer, or EPCOR, and
is provided to developer for information only. Any agreement between developer and EPCOR for water
or sewer service to the Development must be memorialized in a written agreement executed and
delivered by their respective authorized representatives.
For additional information, please contact me at (480) 271-9932 or at alovisetto@epcor.com
Sincerely,
Alex Lovisetto, P.E.
Engineering Manager
MEMORANDUM
To:
Maricopa County Planning and Development Department
From:
Colin Phipps
Date:
June 30, 2023
CC:
William Lally
Subject:
West Thirty-Six (Z2023039 and DMP2023001) ADWR Submittal Materials
To provide the Department additional background regarding subject project’s assured waters supply
entitlements, enclosed are materials that have been submitted to the Arizona Department of Water Resources
(ADWR) in furtherance of acquiring an Analysis of Assured Water Supply (AAWS) and ultimately a Certificate of
Assured Water Supply (CAWS). The materials also include a memorandum prepared by the project’s
hydrological consultant that summarizes the findings of the hydrogeological model prepared for the Fountain
Hills Sub-basin (FHS) in which the project is located. For background, the AAWS application for the project and
supporting hydrogeological model report was formally submitted to ADWR on September 12, 2022. ADWR
provided comments to the AAWS application and modeling report on March 29, 2023. A revised AAWS
application, revised model memorandum, and response letter were submitted to ADWR on June 5, 2023.
1. West Thirty-Six Modeling Summary Memo. Technical memorandum prepared by Matrix New World,
and sealed by Stephen Noel, RG, on June 29, 2023. This memorandum explains the impact of the
West Thirty-Six project on wells and committed groundwater supplies within the FHS as predicted by
the FHS hydrogeological model.
2. West Thirty-Six Response Letter. The response letter, prepared by Matrix New World and dated June
5, 2023, restates ADWR’s comments on the initial AAWS submittal and provides responses to those
comments. The letter also contains ADWR’s initial review letter, and West Thirty-Six’s revised AAWS
application.
3. Revised Fountain Hills AWS Model Memorandum. The response memo, prepared by Matrix New
World and dated June 6, 2023, restates ADWR’s comments to the initial submittal of the
hydrogeological model and provides responses to those comments. It also provides revised modeling
results stemming from the incorporation of ADWR’s comments (see Conclusions on page 10). The
memo also provides revised report figures resulting from the ADWR comments. Note the memo
supplements and supersedes the initial submittal of the hydrogeological model report.
4. Fountain Hills Mode Report. Demonstration of Physical Availability of Groundwater prepared by
Matrix New World and sealed by Stephen Noel, RG, on September 8, 2022. This is the initial submittal
of the FHS hydrogeological model report to ADWR. It is supplemented and superseded by the
aforementioned Revised Fountain Hills AWS Model Memorandum.
DMP2023001 &
Z2023039
07/06/2023 9:33:23 AM
Matrix New World Engineering
3033 N. 44 Street, Ste 270
Phoenix, AZ 85018
602.955.5547 973.240.1800
mnwe.com WBE
S:\MyDocs\SGCPRJ\2022\22-1279 West Thirty-Six Modeling\Well Report\West Thirty-Six Modeling Update Memo_FINAL.docx
MEMORANDUM
TO:
Toll Brothers
CC:
Carla A. Consoli
FROM:
Stephen D. Noel, RG
DATE:
June 29, 2023
RE:
Fountain Hills Sub-Basin Groundwater Flow Modeling Results Update for West
Thirty-Six Property Maricopa County, AZ
The purpose of this memorandum is to explain the impact as predicted by the Fountain Hills Sub-basin
Model on wells and committed groundwater supplies within the Sub-basin as a result of planned
development. Based on ADWR comments on March 29, 2023, Matrix revised the Fountain Hills Sub-
basin Model. The revised predictive model results indicate that no well completed in the regional aquifer
will dry out due to the water demands assumed for the planned West Thirty-Six development, and that
there would be sufficient groundwater available to adequately serve West Thirty-Six, and existing and
committed demands for the next 100 years.
Matrix developed the model using current model building techniques and importing ADWR available data
for the current and committed withdrawals of groundwater in the Sub-basin. The revised model is
currently being reviewed by ADWR and has not yet been approved. This brief memorandum outlines the
predicted drawdown within the Sub-basin resulting from the planned development. The Fountain Hills
Sub-basin model has four geological units or layers. Layer 1 represents the floodplain alluvial deposits,
occurring in stream channels along the rivers within the Sub-basin. Layer 2 represents the alluvial
deposits outside of the floodplain and generally do not contain river surface water with distance from the
floodplain. Layer 3 represents thick clay and silt deposits, which generally impedes groundwater flow
through the layer. Layer 4 is composed of fractured conglomerate with groundwater. This layer represents
the regional aquifer where most groundwater pumping occurs.
The estimated depth to bedrock in the area is deepest in the central part of the basin around 4,800 feet
below land surface (ft bls) and becomes shallower towards the mountains near the edges of the model
at 400 ft bls or less (Figure 1). Figure 2 shows the groundwater surface elevation in the area which ranges
above 1,800 feet above mean seal level (ft amsl) in the northwest to below 1,400 ft amsl in the southeast.
Matrix used the Fountain Hills Sub-basin Model to review impacts to the regional aquifer from the West
Thirty-Six Property pumping. Figure 3 depicts that pumping the West Thirty-Six Property revised demand
of 684.99 acre-feet per year (ac-ft/yr) for the 100-year predictive period resulted in a maximum of 56 feet
of regional groundwater drawdown. The 100-year impact analysis assumes the West Thirty-Six Property
is built-out and pumping the total groundwater demand of 684.99 ac-ft/yr beginning on day one of 2023
which of course is not the reality, but this lends to a more conservative analysis of the impact of the
development on the aquifer.
MEMORANDUM
From: Stephen D. Noel, RG
RE: Fountain Hills Sub-basin
Groundwater Flow Modeling Results
West Thirty-Six Property, Maricopa County, AZ
June 29, 2023
Page 2 of 2
S:\MyDocs\SGCPRJ\2022\22-1279 West Thirty-Six Modeling\Well Report\West Thirty-Six Modeling Update Memo_FINAL.docx
Based on the revised model results, Matrix concludes: (1) that the Sub-basin regional aquifer contains
sufficient groundwater to meet the demands for the planned development and other issued demands for
the next 100 years; (2) the modeled 100-year depth to groundwater in the Sub-basin wells does not
exceed the limit of 1,000 ft bls established by ADWR; and (3) the model shows that no wells completed
within the regional aquifer in the model domain would be caused to go dry or to have a depth to static
water level exceeding 1,000 ft bls in 100 years.
Because of the heightened sensitivity for individual users of exempt wells, Matrix reviewed registration
information on exempt wells in the Sub-basin which reveals the majority of exempt wells are located
where five feet or less of groundwater drawdown is predicted at the end of the 100-year period (Figure 3).
The number of registered exempt wells located within areas predicted to have more than one foot but
less than 56 feet of drawdown after the 100-year predictive period are listed in Chart 1 below.
Chart 1 Wells with more than One Foot of Drawdown after 100-years
Drawdown Range (feet)
Total Number of Exempt Wells
1 - 5
704
5 - 10
28
10 - 15
8
15 - 25
5
25 - 35
2
35 - 56
3
A list of the forty-six (46) wells located within the 5 to 56 foot 100-year groundwater drawdown areas is
attached. Matrix reviewed the groundwater level and well construction depth information contained in the
available driller’s logs and compared this information to the modeled impacts. None of the wells drilled
below 300 ft bls with available driller’s logs indicate that the wells will go dry as a result of the modeled
impacts of the West Thirty-Six water demand.
S:\MyDocs\SGCPRJ\2022\22-1279 West Thirty-Six Modeling\GIS\MXDs\Figure1_Depth_To_Bedrock_Map.mxd
Jomax Rd
Four Corners Transmi Rd
55-902105
1150
55-599495
1200
55-576537
2020
55-564066
1140
55-561226
1170
55-508186
1960
55-214452
1200
55-213452
1220
55-210785
1330
55-204961
2600
55-205006
1213
FH160
136th St
Rio Verde Dr
144th St
FH403
168th St
128th St
160th St
152nd St
Fort Mcdowell Rd
McDowell Mountain Rd
Forest Rd
156th St
Lone Mountain Rd
Dixileta Dr
Paraiso Dr
Needlerock Rd
Thompson Peak Rd
174th St
141st St
138th St
Bartlett Dam Rd S
Hawknest Rd
Peak View Rd
Montello Rd
126th St
Pinnacle Vista Dr
Pinnacle Peak Rd
Verde River
Camp Creek
Sycamore Creek
Ironwood Wash
McDowell Mtns
McDowell Mtns
400
800
3200
1600
4800
400
T. 5 N.
T. 6 N.
T. 4 N.
R. 5 E.
R. 6 E.
R. 7 E.
R. 8 E. EXPLANATION
Well Showing Total Depth
Without Encountering Bedrock
55-508186 ADWR Registry Number
1960 Depth of well (ft bls)
Depth to Bedrock Contour
(ft bls)(Richard et.al., 2007)
West Thirty-Six
Township
Hardrock Outcrop
Stream
Total Aquifer Thickness (feet)
0 - 400
401 - 800
801 - 1,200
1,201 - 1,600
1,601 - 2,000
2,001 - 2,400
2,401 - 2,800
2,801 - 3,200
Matrix New World Engineering, PC
3033 North 44th Street, Suite 270
Phoenix, Arizona 85018
Certified WBE
Tel: 602-955-5547
Fax: 602-955-7585
www.mnwe.com
1
DEPTH TO BEDROCK MAP
FIGURE NUMBER:
DATE:
01/10/2023
DATE:
01/10/2023
DRAWN BY:
BM
APPROVED BY:
DH
PROJECT NUMBER:
22-1279
WEST THIRTY-SIX
MARICOPA COUNTY, ARIZONA
p
Notes
Service Layer Credits: , AZGS, USGS, ADWR
ft bls - feet below land surface
0
1
2
Miles
Model currently in review by ADWR for approval
S:\MyDocs\SGCPRJ\2022\22-1279 West Thirty-Six Modeling\GIS\MXDs\Figure2_Groundwater_Level_Map.mxd
Jomax Rd
Four Corners Transmi Rd
2000
2200
2100
1900
1800
1700
1600
2300
2400
1500
2500
2600
2700
2800
2200
2300
1700
2400
2600
1600
2400
2300
1900
2600
1700
1600
2600
2000
1800
2200
2200
2200
2400
2500
2200
2600
Verde River
Camp Creek
Sycamore Creek
Ironwood Wash
58
1489
348
1887
644
1698
180
1780
08
10
17
15
12
25
13
29
22
27
34
20
32
36
25
27
31
20
28
24
17
08
16
15
09
10
31
11
24
24
13
12
12
33
28
36
23
11
26
16
29
14
30
30
17
29
21
13
28
12
01
14
20
11
25
21
32
21
34
08
26
23
36
27
29
19
16
35
30
35
33
19
26
25
13
12
07
08
28
26
20
17
09
18
25
24
18
13
24
09
19
05
07
06
18
22
27
07
04
03
22
15
30
02
05
10
19
01
04
01
02
03
04
05
18
05
06
01
07
02
06
01
04
03
06
12
13
24
25
14
01
23
35
26
07
23
14
11
18
02
19
06
30
26
23
14
11
02
35
34
33
32
31
36
35
07
34
18
36
33
19
30
32
31
31
33
32
34
36
35
36
36
31
31
32
33
34
35
36
06
31
31
35
35
16
09
21
23
14
11
02
McDowell Mtns
McDowell Mtns
1600
1800
FH160
136th St
Rio Verde Dr
144th St
FH403
168th St
128th St
160th St
152nd St
Fort Mcdowell Rd
McDowell Mountain Rd
Forest Rd
156th St
Lone Mountain Rd
Dixileta Dr
Paraiso Dr
Needlerock Rd
174th St
141st St
138th St
142nd St
130th St
Montello Rd
126th St
Box Bar Rd
Pinnacle Peak Rd
1500
1700
1400
T. 5 N.
T. 6 N.
T. 4 N.
R. 5 E.
R. 6 E.
R. 7 E.
R. 8 E. EXPLANATION
Oct.20 - Mar.22 Static
Groundwater Level Well
180 Depth to Groundwater (ft bls)
1780 Water Level Elevation (ft amsl)
Groundwater Elevation
Contour ( ft msl )
Contour Interval - 100 feet
Groundwater Flow Direction
Land Surface Elevation
Contour ( ft msl )
Contour Interval - 100 feet
West Thirty-Six
Township
Section
Hardrock Outcrop
Stream
Matrix New World Engineering, PC
3033 North 44th Street, Suite 270
Phoenix, Arizona 85018
Certified WBE
Tel: 602-955-5547
Fax: 602-955-7585
www.mnwe.com
2
GROUNDWATER LEVEL MAP
FIGURE NUMBER:
DATE:
01/10/2023
DATE:
01/10/2023
DRAWN BY:
BM
APPROVED BY:
DH
PROJECT NUMBER:
22-1279
WEST THIRTY-SIX
MARICOPA COUNTY, ARIZONA
p
Notes
Service Layer Credits: Copyright:© 2013 National Geographic Society, i-
cubed, AZGS, USGS, ADWR
ft amsl - feet above mean sea level
ft bls - feet below land surface
0
1
2
Miles
S:\MyDocs\SGCPRJ\2022\22-1279 West Thirty-Six Modeling\GIS\MXDs\Figure3_100yr_Drawdown_June2023model.mxd
!=
!=
!=
!=
!=
!=
!=
!=
!=
!=
!=
!=
!=!=
Jomax Rd
EPCOR RVU
EPCOR RVU
EPCOR RVU
EPCOR RVU
EPCOR RVU
Rio Highlands
Dixileta Ranch
Dixileta Ranch
West Thirty-Six
Rio Verde Box Bar Ranch
Rio Verde Drive LLC
Development
Utility Northern Scottsdale
Utility Northern Scottsdale
Utility Northern Scottsdale
McDowell Mtns
McDowell Mtns
FH160
136th St
Rio Verde Dr
144th St
FH403
168th St
128th St
160th St
152nd St
Fort Mcdowell Rd
McDowell Mountain Rd
Forest Rd
156th St
Lone Mountain Rd
Dixileta Dr
148th St
Paraiso Dr
Needlerock Rd
Four Corners Transmi Rd
Thompson Peak Rd
174th St
150th St
141st St
138th St
132nd St
164th St
142nd St
Bartlett Dam Rd S
Hawknest Rd
130th St
140th St
Peak View Rd
Montello Rd
162nd St
126th St
Pinnacle Peak Rd
T. 5 N.
T. 6 N.
T. 4 N.
R. 5 E.
R. 6 E.
R. 7 E.
R. 8 E. EXPLANATION
!=
Simulated AWS Well
Simulated Exempt Well
West Thirty-Six
ADWR Verde River Subflow Zone
Township
Hardrock Outcrop
100-Year Drawdown in feet
0 - 1
1 - 5
5 - 10
10 - 15
15 - 25
25 - 35
35 - 56
DRAWN BY:
BM
PROJECT NUMBER:
22-1279
APPROVED BY:
EM
Matrix New World Engineering, PC
3033 North 44th Street, Suite 270
Phoenix, Arizona 85018
Certified WBE
Tel: 602-955-5547
Fax: 602-955-7585
www.mnwe.com
3
FIGURE NUMBER:
DATE:
06/27/2023
DATE:
06/27/2023
WEST THIRTY-SIX
MARICOPA COUNTY, ARIZONA
100-YEAR DRAWDOWN
DUE TO PUMPING ONLY AT WEST 36
p
Notes
Service Layer Credits: Sources: Esri, HERE, Garmin, Intermap, increment P
Corp., GEBCO, USGS, FAO, NPS, NRCAN, GeoBase, IGN, Kadaster NL,
Ordnance Survey, Esri Japan, METI, Esri China (Hong Kong), (c)
OpenStreetMap contributors, and the GIS User Community, AZGS, USGS,
ADWR
AWS - Assured Water Supply
0
1
2
Miles
Model currently in review by ADWR for approval
ADWR Registered Exempt Wells Located Within the 5' to 56' 100-year Drawdown Area
55-
Legal
Location
Well
Type
Water
Uses
Installed
TD
WL
Casing
Depth
Casing
Width
Pump
Rate
Drill
Log
Owner
Perf
Interval
55-614022
MARICOPA COUNTY,
EXEMPT
UNUSED
0
0
6
0
A(4-6)22 CAC
55-623551
MARICOPA COUNTY,
EXEMPT
4/5/1945
196
0
0
0
A(4-6)28 BBC
55-517133
LABORDE,T H
EXEMPT -
DOMESTIC STOCK
5/13/1987
209
205
6
0
X
A(4-7)07 AAB
55-578852
SHERRY YOUNG LOZON
EXEMPT
480
480
8
0
A(5-6)14 CCA
55-516906
LABORDE, T.H.,
EXEMPT -
DOMESTIC STOCK
DOMESTIC
259.5
1/17/2003
380-462
3/31/1987
462
462
6
10
X
A(5-6)14 CCA
55-902031
BKNY SOUTHWEST
INVESTMENT LLC
EXEMPT
8/30/2005
550
550
5
0
X
A(5-6)14 CCC
55-586508
DEBRA DEVROU
EXEMPT
11/29/2001
400
400
6
0
X
A(5-6)14 CCD
55-576791
DIANE THREADGILL
EXEMPT
9/13/1999
820
820
5
0
X
A(5-6)22 AAA
55-598767
LYNNE D JENKINS
EXEMPT
0
0
0
0
A(5-6)22 DBA
55-238703
BRIAN RAAB
EXEMPT
0
0
0
0
A(5-6)22 DCA
55-210285
KHADLOON ALJABERI
EXEMPT
1000
1000
7
0
X
A(5-6)22 DDB
55-233072
DALTON THOMPSON
EXEMPT
2/9/2021
720
710
5
15
X
A(5-6)22 DDC
55-209049
KRISTIN CONRAD &
DUSTAN EWING TRUSTEES
OF THE EWING-CONRAD
EXEMPT
8/11/2006
250
250
7
0
X
A(5-6)23 AAB
55-591553
STEVEN M. & SUSAN R.
ROBINSON
EXEMPT
4/25/2002
540
530
5
6
X
A(5-6)23 AAB
55-580947
ROBERT & GRACE ORIGEL
EXEMPT
6/17/2000
580
580
5
25
X
A(5-6)23 AAC
55-210551
AZ RIO VERDE LLC C/O
DOYLE OR BUBA
EXEMPT
2/19/2006
220
208
5
0
X
A(5-6)23 AAD
55-233078
BRIAN D. GRINDLESPERGER
EXEMPT
760
680
7
5
X
A(5-6)23 ABC
55-553173
DAVID E GALLI
EXEMPT
12/24/1995
700
700
7
5
X
A(5-6)23 ACB
55-598656
DAVID J OWENS
EXEMPT
6/28/2003
506
506
6
0
X
A(5-6)23 ADA
55-214094
DAVID OWENS
EXEMPT
8/8/2007
240
240
6
0
X
A(5-6)23 ADA
55-562045
FRANK & DOROTHY CUCCIA
EXEMPT
7/25/1997
660
240
6
0
X
A(5-6)23 BBA
ADWR Registered Exempt Wells Located Within the 5' to 56' 100-year Drawdown Area: Page 1 of 3
From:
Gary Baker
To:
Rachel Applegate (PND)
Subject:
West 36 Project by Toll bros and Shea homes
Date:
Wednesday, April 5, 2023 2:16:21 PM
Attachments:
West 36 Toll Bros.pdf
I understand that the "West 36" project near Rio Verde is asking for a Rezoning of the land.
This project has to have some items added by the planning Dept. With all the building
presently going on at Trilogy area, and the Future "West 36th" construction traffic, there will
be a serious problem with the amount of traffic you are looking to add on Forest Road. There
needs to be a roadway on the West side of this project connecting McDowell Mountain Road
and 172nd Street in Trilogy. You need to make sure that Toll Bros/Shea Homes builds this
with their plans submitted to your Department. I have voiced my opinions to our Tonto Verde
Board, and most are in agreement to take traffic off Forest Road. Attached is a map of the
proposed area. I know McDowell Mountain Park has a limited exposure in this area, and
Maricopa County has control over the Parks. There are Golfers crossing Forest Rd., and
Bicyclists riding on this road. We are looking for a Major Accident in this area. Let stop it
before it starts! Gary Baker
--
GARY BAKER
MUNRO REALTY INTERNATIONAL
(480) 815-3129 cell
From:
Jack Farmer
To:
Rachel Applegate (PND)
Cc:
William E. Lally; Ray M. Banker; nphillips@ftmcdowell.org; emccalvin@fmyn.org; cklopatek@ftmcdowell.org;
Terry@rvha.us; swilken@azmag.gov; kcotner@azmag.gov; Richard.siegel@srpnet.com; jim@theverdes.com;
GregHarmon@msn.com; azcakes@mac.com; ghanna@fs.fed.us; Greg.Schuster@usda.gov; Carmela@rvha.us;
pe@azland.gov; bfenske@azdot.gov; jgarcia@azdot.gov; Dkrantz@citytocitycre.com; agarza@azmag.gov;
bjmd@mindspring.com; Teresa Retterbush (PRK)
Subject:
Re: DMP2023001 & Z2023039 - Routing of West Thirty-Six (Development Master Plan Amendment & Zone
Change with Overlay)
Date:
Monday, April 10, 2023 6:49:12 PM
Attachments:
image001.png
No issues.
Jack
On Mon, Apr 10, 2023 at 1:49 PM Rachel Applegate (PND)
<Rachel.Applegate@maricopa.gov> wrote:
Attached with this e-mail includes the routing and notice for a scheduled Technical
Advisory Committee (TAC) meeting for West Thirty-Six – DMP2023001 & Z2023039.
Please see the attached routing distribution notice with information on how to download
application materials from the on-line permit manager and instructions to provide review
comments.
Please let me know if you have any questions.
Thank you,
Rachel Applegate
Senior Planner
Planning & Development
301 W. Jefferson St. Suite 170 Phoenix, AZ 85003
O: 602-372-0318
[ Maricopa.Gov ]
Facebook | Instagram | Twitter | YouTube | LinkedIn
From:
Jack Farmer
To:
Rachel Applegate (PND)
Cc:
William E. Lally; Kurt A. Jones; nphillips@ftmcdowell.org; emccalvin@fmyn.org; cklopatek@ftmcdowell.org;
Terry@rvha.us; swilken@azmag.gov; kcotner@azmag.gov; Richard.siegel@srpnet.com; jim@theverdes.com;
GregHarmon@msn.com; azcakes@mac.com; ghanna@fs.fed.us; Greg.Schuster@usda.gov; Carmela@rvha.us;
pe@azland.gov; bfenske@azdot.gov; jgarcia@azdot.gov; Dkrantz@citytocitycre.com; agarza@azmag.gov;
bjmd@mindspring.com; Teresa Retterbush (PRK)
Subject:
Re: DMP2023001 & Z2023039 - West Thirty-Six (Development Master Plan Amendment & Zone Change with
Overlay) - 2nd Submittal
Date:
Thursday, July 6, 2023 11:57:16 AM
Attachments:
image001.png
No Issues as long as they have the water guarantee.
Jack Farmer
On Thu, Jul 6, 2023 at 9:55 AM Rachel Applegate (PND)
<Rachel.Applegate@maricopa.gov> wrote:
Good morning,
Attached with this e-mail includes the 2nd routing for West Thirty-Six – DMP2023001
& Z2023039. Please see the attached routing distribution notice with information on
how to download the revised application materials from the County’s On-line permit
manager.
Please let me know if you have any questions.
Thank you,
Rachel Applegate
Senior Planner
Planning & Development
301 W. Jefferson St. Suite 170 Phoenix, AZ 85003
O: 602-372-0318
[ Maricopa.Gov ]
Facebook | Instagram | Twitter | YouTube | LinkedIn