DMP2023001 Z2023039 BOS REPORT_PART1.PDF

October 18, 2023 
DMP2023001 & Z2023039 
Page 1 of 10 
 
 
 
 
Report to the Board of Supervisors 
Prepared by the Maricopa County Planning and Development Department 
 
Board Hearing Date: 
October 18, 2023 
 
Cases #/Title:  
 
 
DMP2023001 & Z2023039 – West Thirty-Six  
 
 
Supervisor District: 
2 
 
Applicant/Owner:  
William Lally, Tiffany & Bosco, PA  / West Thirty Six Company LP 
 
Requests: 
  
 
1) Development Master Plan (DMP) 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: 
Approximately 490 acres 
 
County Island Status: 
N/A  
Additional 
Comments: 
There are no outstanding concerns from reviewing agencies. The 
site is located approximately four miles east from Scottsdale and 
approximately 10 miles northwest from Fountain Hills. The site is 
not a County island or located within a future municipal planning 
area.  The Board of  Supervisors approved the original Development 
Master Plan in 1983 with an amendment in 1991. The request is to 
amend the existing land uses of the DMP to Single Family Suburban 
(2-3 d.u./ac.) and Miscellaneous Retail to develop 1,200 residential 
units at a density of 2.45 dwelling units per acre. A request to 
rezone from Rural-43 to R1-6 RUPD and C-2 CUPD is being 
processed with the DMP amendment. West Thirty-Six would 
include 17 acres of commercial zoning to accommodate a 
clubhouse and associated amenities, with the developer including 
a condition with restricted commercial land uses. The master 
planned community would include 150 acres of open space with 
two primary active parks and 11 neighborhood mini-parks with an

October 18, 2023 
DMP2023001 & Z2023039 
Page 2 of 10 
internal natural open space trail system which accounts for 30% of 
the gross acreage.  
 
Staff notes that West Thirty-Six is not involved with the existing 
EPCOR standpipe for the Rio Verde Foothills area. A hydrological 
model for the Fountain Hills Sub-Basin was submitted to ADWR 
along with an application for Analysis of Assured Water Supply, 
ADWR provided comments to the developer on March 29, 2023 and 
both were resubmitted to ADWR on June 5, 2023. The model 
findings support a physical availability determination with ADWR 
approval of the model and application is expected this Fall/Winter 
2023. The model results indicate 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. The model was provided 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.  
 
At the 9/14/23 Commission hearing there were 3 area residents 
that spoke in support to the project and stated that the project is a 
high quality project with Toll Brothers providing a quality product. 
The presenters indicated that the applicant and Toll Brothers were 
receptive to comments/recommendations from the neighbors and 
were courteous to work with. There was discussion on being 
assured that the drainage would not impact the existing residences 
and golf courses in Tonto Verde. One area resident discussed 
concerns about the drainage, ground water supply in the area and 
proposed density. The applicant responded that the drainage will 
be developed as part of the platting process and will include 
engineered plans to comply with the Drainage Regulations.  
 
 As of the writing of this report, a super-majority vote has not been 
triggered. Staff has received 23 e-mails in support, one in 
opposition, and one comment. Two of the support are within the 
300’ buffer. This count includes additional support e-mails received 
after the Commission packet that are included with this report.  A 
support/opposition map is also attached.  
Commission  
 
Recommendation: 
On 9/14/23, the Commission voted 5-0 to adopt a motion 
recommending the Board of Supervisors approve DMP2023001 
subject to 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.

October 18, 2023 
DMP2023001 & Z2023039 
Page 3 of 10 
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 
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.

October 18, 2023 
DMP2023001 & Z2023039 
Page 4 of 10 
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. 
 
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.

October 18, 2023 
DMP2023001 & Z2023039 
Page 5 of 10 
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.  
 
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).   
 
 
Commission  
 
Recommendation: 
On 9/14/23, the Commission voted 5-0 to adopt a motion 
recommending the Board of Supervisors approve Z2023039 
subject to 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

October 18, 2023 
DMP2023001 & Z2023039 
Page 6 of 10 
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.  
 
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:

October 18, 2023 
DMP2023001 & Z2023039 
Page 7 of 10 
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  
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

October 18, 2023 
DMP2023001 & Z2023039 
Page 8 of 10 
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:  
 
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.

October 18, 2023 
DMP2023001 & Z2023039 
Page 9 of 10 
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 
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.

October 18, 2023 
DMP2023001 & Z2023039 
Page 10 of 10 
 
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 
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: 
 
Darren Gérard, AICP, Planning Manager   
 
Attachments: 
 
9/14/23 P&Z Packet (153 pages)  
 
 
9/14/23 PZ Handout memo (24 pages)  
 
 
Additional support e-mails received (2 pages) 
 
 
Support/Opposition maps (3 pages)  
 
 
Note: 
9/14/23 Draft P&Z Minutes are not available as of the writing of this report, but can be 
provided upon request later when available.

DMP2023001 & Z2023039 
Page 1 of 27 
 
 
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 
Page 2 of 27 
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

DMP2023001 & Z2023039 
Page 3 of 27 
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.

DMP2023001 & Z2023039 
Page 4 of 27 
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 
Page 5 of 27 
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

DMP2023001 & Z2023039 
Page 6 of 27 
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.

DMP2023001 & Z2023039 
Page 7 of 27 
 
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.

DMP2023001 & Z2023039 
Page 8 of 27 
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.

DMP2023001 & Z2023039 
Page 9 of 27 
 
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.

DMP2023001 & Z2023039 
Page 10 of 27 
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

DMP2023001 & Z2023039 
Page 11 of 27 
 
 
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

DMP2023001 & Z2023039 
Page 12 of 27 
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.

DMP2023001 & Z2023039 
Page 13 of 27 
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

DMP2023001 & Z2023039 
Page 14 of 27 
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

DMP2023001 & Z2023039 
Page 15 of 27 
 
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

DMP2023001 & Z2023039 
Page 16 of 27 
 
 
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.

DMP2023001 & Z2023039 
Page 17 of 27 
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

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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

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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

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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.

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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.

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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

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1
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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
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WEST THIRTY-SIX
 GROSS ZONING PARCEL
4550 North 12th Street
Phoenix, Arizona 85014
Phone 602-264-6831
http://www.cvlci.com
NO SCALE
EXHIBIT