DMP2023001 Z2023039 BOS REPORT_PART3.PDF

Maricopa County — Formal (2023-10-18)

Extracted text (via pymupdf) 42389 characters

West Thirty-Six
Narrative for Zone Change from RU-43 to R1-6 with RUPD Overlay & C-2
CUPD

Approx. 490 acres at the southeast corner of Rio Verde Drive and 176th Street in
unincorporated Maricopa County, Arizona.
Case #: Z2023039
First Submittal: March 31, 2023
Second Submittal: June 30, 2023
(Related Development Master Plan Amendment: DMP2023001)

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

Table of Contents
1.
Introduction and Purpose of Request ................................................................................................................... 4
2.
Description of Proposal ............................................................................................................................................... 5
a.
Residential Unit Plan of Development (RUPD) Zoning Overlay…………………………….....………….6
b.
Commercial Unit Plan of Development (CUPD) Zoning Overlay……..…………………………………..9
3.
Relationship to Surrounding Properties ............................................................................................................ 10
4.
Access & Circulation ................................................................................................................................................... 11
5.
Public Utilities and Services .................................................................................................................................... 11
a.
Water & Wastewater ............................................................................................................................................. 12
b. Electric……………………………………………………………………………………………………………………….…..12
c.
Natural Gas ................................................................................................................................................................ 13
d. Telecoms………………………………………………………………………………………………………………………13
e. Fire………………………………………………………………………………………………………………………………..13
f. Police…………………………………………………………………………………………………………………………….13
g. Drainage/Flood Zone……………………………………………………………………………………………………..13
h. Schools…………………………………………………………………………………………………………………………13
6.
Location and Accessibility ........................................................................................................................................ 13
7.
Development Schedule .............................................................................................................................................. 13
8.
Open Space and Amenities ....................................................................................................................................... 15
9.
Fencing, Walls, Screening and Entry Monumentation. ................................................................................. 15
10. Community Facilities and Services ....................................................................................................................... 15
11. Land Planning ................................................................................................................................................................ 15
12. Conclusion ....................................................................................................................................................................... 15

1. Introduction and Purpose of Request

The purpose of this request is to create land use entitlements for approximately 490 gross
acres in unincorporated Maricopa County (the “Property” or “West Thirty-Six”) (See Exhibit
A: Parcel Map and Exhibit B: Legal Description). The Applicant desires to develop a new
upscale master planned residential community with ten (10) single-family residential
development neighborhoods/areas including varying types of lot sizes and home designs.
The Property consists of seven (7) existing parcels located in the Rio Verde area in the
northeast section of Maricopa County. The Property is also known as the Verde River
Development Master Plan (DMP83-6, DMP86-5, and DMP-90-4) (“Verde River DMP”)
formerly known as Tonto Vista DMP, but remains undeveloped land and is currently zoned
Rural-43 (RU-43) (See Exhibit C: Vicinity Map and Exhibit D: Context Aerial).

Toll Brothers and Shea Homes have established themselves nationally and locally as premier
builders and developers of high-quality residential products and master planned
communities. Some examples of their current local developments include Verde
River/Trilogy in Rio Verde, Adero Canyon in Fountain Hills, Encanterra in Queen Creek,
Sereno Canyon in Scottsdale, and Sterling Grove in Surprise. Their expertise and dedication
to providing carefully planned and executed residential developments of exceptional quality
will be a benefit to the Rio Verde area.

The Applicant proposes to limit the maximum amount of units to 1,200 for a gross density of
2.45 dwelling units per gross acre (d.u./ac.) under the R1-6 RUPD zoning district. The West
Thirty-Six development would also include approximately 17-acres of commercial (C-2
CUPD) zoning for clubhouse, outdoor recreation and related accessory use purposes. The
Applicant also proposes a total of 150 acres of required open space (31% of the Property).
Although the project is not planned to be completely age-restricted, it is assumed that the
community will have a notable retiree population due to the characteristics of the
surrounding neighborhoods, and the intentional targeting of active adults via marketing,
housing products, and amenity programming. The project’s estimated population is
approximately 2,508 persons based on a maximum of 1,200 dwelling units and an average
household size of 2.09 persons in the City of Scottsdale (source: US Census Bureau).

The Property remains unimproved raw land encompassed by Tonto Verde Units 3&4
subdivisions to the east, the McDowell Mountain Regional Park to the south, Rio Verde Drive
along the north and 176th Street road alignment to the west. There is also an adjacent parcel
(APN 219-38-980) owned by the Rio Verde Fire District at the northwest corner of the site
with a newly development fire station. The proposal seeks to create a brand new residential
community with ample open space and offering residential units in varying sizes and product
types complimentary to other existing developments in the Rio Verde area. (See Exhibit E:
Conceptual Lot Layout Plan) which provides a conceptual interpretation of the potential
design for the community. Detailed planning and layouts will be determined at the time of
preliminary and final plat approvals.

2. Description of Proposal

This application seeks to rezone the Property from the current RU-43 zoning district to R1-
6, Single-Family Residential zoning district with a Residential Unit Plan of Development
(“R1-6 RUPD”) and C-2, Intermediate Commercial zoning district (“C-2 CUPD”) (See Exhibit
F: Existing Zoning Map and Exhibit G: Proposed Zoning Map).
A companion Development Master Plan Amendment is submitted concurrently with this
rezone proposal to request a change of future land use designations from approved DMP
Urban Residential Very Low Density, Urban Residential Low Density, Urban Residential
Medium Density, and Open Space to Single Family - Suburban (2-3 d.u./ac.) and
Miscellaneous Retail (for related C-2 CUPD zoning request for clubhouse site). The most
recent DMP Amendment (DMP90-4) to the Verde River DMP added additional land to an
already approved golf course for a total of 301 acres dedicated for a 36-hole golf course. This
amendment also eliminated the 10-acre commercial land use designation and reduced the
amount of single-family residential, while introducing multi-family residential future land
uses.
This proposal along with the related DMP amendment seeks to remove the previously
approved golf course component in its entirety. In order to complement the existing
surrounding area residential land uses, the applicant is also proposing to eliminate the
existing multi-family options with the DMP amendment proposal. The clubhouse amenity
and active/recreational open space areas (including pocket parks) would provide the new
residences with plenty of community activities. This will enrich the lives of new residences
with multiple community and social activities such as dining, fitness, racket sports,
swimming, lounging, health and wellness, arts and crafts, hiking, biking, and furthering
education.
In addition to providing at least 150 acres of open space, applicant seeks to include a
requirement to provide a variety of lot sizes significantly greater than the 6,000 SF minimum.
This ensures West Thirty-Six develops with a diversity of lot sizes, housing products and
Project Data
A.P.N.
219-38-981, 219-38-043, 219-38-038H, 219-38-038P, 219-38-
038R, 219-38-044, & 219-38-045
Current Land Use
Vacant/Undeveloped
Current Zoning District
RU-43
Proposed Zoning
District
R1-6 with RUPD Overlay and C-2 with CUPD Overlay
Gross Site Area
Approximately 490 acres
Area Plan
Rio Verde
Supervisorial District
Supervisorial District 2 – Thomas Galvin
School District
Cave Creek Unified School District

layouts while preserving flexibility to more sensitively plan and design parcels in the future.
Specifically the project proposes the following requirements with respect to distribution of
lot sizes through the platting process to ensure a variety of lots are provided through the
course of development and for easier tracking purposes for County P&D staff:
In order to promote a diverse and interesting streetscape, there shall be an effective mix
of lots by area and width. By the platting of the 200th lot a minimum of 120 lots shall be
7,200 sf or greater inclusive of 20 lots being 14,800 sf or greater. By the platting of the
1,000th lot a minimum of 600 lots shall be 7,200 sf or greater inclusive of a minimum of
100 lots being 14,800 sf or greater. This shall be tracked on each filed subdivision
preliminary plat and final plat (proposed, previously platted, remaining yield).
a. Residential Unit Plan of Development (RUPD) Zoning Overlay
The RUPD portion of the request would allow for amended development standards to the
proposed R1-6 zoning district to facilitate unique and exceptional housing designs and to
reflect prevailing trends in contemporary community planning. The proposed RUPD
amended development standards do not request a reduction to the minimum 6,000 sq. ft.
base standard, but do include reduction of setbacks for front and rear yards, a reduction in
lot width, and an increase in lot coverage. With these requests, the applicant is proposing to
limit the project to 1-story residences and provide a 50% increase in the Average Lot Area
per Dwelling Unit. These are in addition to, and reflective of, the generous provision of open
space in common area tracts and lot size diversity requirements described previously.
Below is a table of the base R1-6 development standards compared to the proposed R1-6
RUPD development standards:
R1-6 RUPD Zoning District Standards – Single Family Residential
Regulation
Base Zoning District
Regulations (R1-6)
Proposed Zoning District Regulations (R1-6 RUPD)
Max. Height
30’
30’
Number of Stories
Not defined in MCZO
1-Story
Minimum Front Yard
20’
18’
10’ for side loaded garages, porches or livable
areas of dwelling unit
Minimum Side Yard
5’
5’
Minimum Street-side Yard
10’
10’
Minimum Rear Yard
25’
15’
Minimum Lot Area
6,000 sq. ft.
6,000 sq. ft.

Minimum Lot Width
60’
50’

Average Lot Area per
Dwelling Unit
6,000 sq. ft.
11,445 sq. ft.
Maximum Lot Coverage
50%
55%
Parking Spaces
2
2
Hillside
The extent of all disturbance
on that portion of a lot which
has a natural slope of 15%
or greater, shall be limited to
a total disturbance within
the gross lot area not to
exceed 75,000 square feet
and shall be located entirely
within the buildable area of
the lot, except that
disturbance related to the
driveway and utility
connections may extend
outside the lot’s buildable
area to the street line or
other lot line.
The extent of all disturbance on that portion of a
lot which has a natural slope of 15% or greater,
shall be limited to a total disturbance within the
gross lot area not to exceed 75,000 square feet,
except that disturbance related to the driveway
and utility connections may extend outside the
lot’s buildable area to the street line or other lot
line.
Lot Diversity
Requirements
In order to promote a
diverse and interesting
streetscape, there shall be an
effective mix of lots by area
and width.
By the platting of the 200th lot a minimum of 120
lots shall be 7,200 sf or greater inclusive of 20 lots
being 14,800 sf or greater. By the platting of the
1,000th lot a minimum of 600 lots shall be 7,200 sf
or greater inclusive of a minimum of 100 lots being
14,800 sf or greater. This shall be tracked on each
filed subdivision preliminary plat and final plat
(proposed, previously platted, remaining yield).

The amended development standards are minor in nature and include the following:
• Modified front setbacks that discourage garage dominated streetscapes while
encouraging more walkable, traditional neighborhood forms. In addition, reduced
rear setbacks that reflect the all single-story restriction, ample open spaces provided
in common area tracts between lots, and the preference of active adults for less
privately maintained yard space. Specifically, the front setback has been modified to
ten (10) feet to livable areas of a residence, front porches or patios, or side loaded
garages. However, front loaded garages must still be setback at least 18 feet, and
driveways must still provide at least 18’ x 18’ (to back of sidewalk) to accommodate
front load and side load garages. The rear setback has been reduced to fifteen (15)
feet, again in deference to the common area open space tracts found between the
rears of most lots, that all the homes will be single-story, and that age-targeted buyers
prefer their open spaces in HOA maintained common areas. The reduced setbacks
also afford more flexibility to include unique design features such as interior
courtyards, atriums, extended patios, etc.
• Lot width reduction from sixty (60) to fifty (50) feet. With the 6,000 SF minimum lot
area being maintained, the reduced lot width and additional depth is a reflection of
more efficient, contemporary housing design with narrower, deeper products.

• Limiting residential development to 1-story products only. The applicant is
proposing a single-story restriction within the R1-6 District in order to match the
building forms of the adjacent planned communities, to protect neighboring
viewsheds, and because single-story products are preferred by the project’s age-
targeted consumers.
• Five (5) percent increase in maximum lot coverage. Because of the single-story
restriction additional lot coverage is necessary to provide an adequate range of
floorplan square footages within each of the major lot sizes or collections.
Additionally, with ample storage and seamless indoor/outdoor living and
entertaining spaces being prominent features of contemporary home design, the
additional lot coverage allows for generous covered patios and porches, 3-car
garages, and dedicated storage.
(See Exhibit O: R1-6 RUPD Zoning District Legal Description).
Hillside
Chapter 12 of the development regulations requires development on slopes greater
than 15% to adhere to hillside development standards. The primary objectives of
the hillside development standards are to encourage the preservation of natural
topographic features and to minimize the scarring of hillside construction. West
Thirty-Six intends to adhere to a majority of the hillside standards. There is only a
small portion of the 490-acre property that includes slopes of 15% or greater. As
such, the development plan demonstrates the preservation of the higher elevations
as part of the open space for the development plan.
For the limited amount of proposed single-family residential lots that are positioned
within this steeper sloped area, we intend to amend the Hillside standards of Section
1201.6.1. Grading and Drainage Requirements. Sub-section 1 of this provision states:
The extent of all disturbance on that portion of a lot which has a natural slope of 15%
or greater, shall be limited to a total disturbance within the gross lot area not to
exceed 75,000 square feet and shall be located entirely within the buildable area of
the lot, except that disturbance related to the driveway and utility connections may
extend outside the lot’s buildable area to the street line or other lot line. This shall not
be construed to prevent relief from the standard with approval of a Special Use Permit
in accordance with Section 1301 of this ordinance, a Unit Plan of Development in
accordance with Sections 1002, 1003 or 1004 of this ordinance, or a Variance in
accordance with Section 303 of this ordinance.
The verbiage within this portion of the zoning ordinance allows for a Unit Plan of
Development to seek amended development standards. The request is to amend the
provision above to remove the ‘and shall be entirely within the buildable area of the

lot’ verbiage. This will allow some lot contouring around the buildable portion of the
lot in the required setbacks around the house structure. This minor amendment will
ensure that a majority of the 15% sloped hillside designated area is preserved as part
of the development plan.
b. Commercial Unit Plan of Development (CUPD) Zoning Overlay
The proposed CUPD deviation from development standard includes the relief from
screening adjacent to the proposed R1-6 RUPD residential zoning district and for
outdoor uses. Article 804.9.4 under C-2 zoning for walls and screening states the
following:
Article 804.9.4.a: “A solid wall, not less than six feet in height, shall be required along
and adjacent to any side or rear property line abutting any rural or residential zone
boundary, or any alley abutting such zone boundary at the time of development of the
commercial property. Further, any access gates in said solid wall shall be constructed
of view-obscuring material to provide effective site screening.”
Article 804.9.4.b: “The perimeter of any portion of a site not adjacent to a rural or
residential zone boundary upon which any outdoor use of a commercial nature is
permitted shall be enclosed to a height of not less than six feet by building walls, walls
or fences of any view-obscuring material. No outdoor commercial use or enclosure
thereof shall encroach into any required setback area adjacent to any street, nor shall
any storage products or materials exceed the height of any such enclosure.”

Since the commercial site is set for the community clubhouse, wall restrictions are
not necessary where this is not a typical commercial zoned property. On the following
page is a table of the base C-2 development standards for screening compared to the
proposed C-2 CUPD development standards:
C-2 CUPD Zoning District Standards – Clubhouse Site
Regulation
Base Zoning District Regulations
(C-2)
Proposed Zoning District
Regulations (C-2 CUPD)
Maximum Height
40’
40’
Minimum Front Yard
10’
10’
Minimum Side Yard
10’
10’
Minimum Rear Yard
0’
0’
Minimum Lot Area
6,000 sq. ft.
6,000 sq. ft.
Maximum Lot Coverage
60%
60%
Parking
One per 250 square feet of floor
area + one per 5,000 square
feet of outside display area; and
+ one per 100 square feet of
outdoor seating area; and + four
per golf course green
1 space per 250 sq. ft. of
conditioned building area
(exterior areas such as patios,
pool decks, etc. are exempt
from parking requirements)

Article 804.9.4.a – Walls &
Screening Adjacent to Rural or
Residential Zoning
Minimum 6’ high solid wall for
side or rear property line
adjacent to Rural or Residential
No minimum screening
requirements
Article 804.9.4.b – Walls &
Screening for Outdoor Use of
Commercial Nature
Minimum 6’ high walls or
fencing with view obscuring
material for perimeter of site
No minimum screening
requirements
Retaining Walls – Article 1111.5
General Regulations 1111.5
Maximum of 6’ retaining wall or
at 14’ overall height with 6’
retaining
8’ maximum retaining wall
exposed or 6’ maximum wall
height on 8’ retaining wall with
combination wall not to exceed
14’

In addition to the above-amended standards, West Thirty-six intends to restrict some of the
commercial uses that are not compatible with the surround residential properties. All uses
allowed within the C-1 and C-2 zoning districts will be allowed for the clubhouse amenity
parcel, except for the below uses:
• Adult oriented businesses
• Automotive repair type businesses
• Medical marijuana establishments
• Other obnoxious uses
(See Exhibit H C-1 & C-2 Use Regulations for a complete list of uses removed from the
allowed use list in C-1 and C-2 and Exhibit P: C-2 CUPD Zoning District Legal Description.)
3. Relationship to Surrounding Properties

Adjacent existing development to the east is Tonto Verde with single-family residential (R1-
10), commercial (C-2), open space and golf course (Rural-43 & Rural-190), and R-3 multi-family
zoning districts. (See Exhibit F: Existing Zoning Map). This master-planned community is
fully platted and developed and features a 36-hole golf course and related amenity features.
Shea Home’s Trilogy Verde River is located north of the Property across Rio Verde Drive.
This project is multi-phased with many sections already completed and homes lived in. This
development includes R1-10, R1-6, R-3, and Rural-43 (for golf course and open space areas)
zoning for the residential neighborhoods and C-2 zoning for the clubhouse amenity area with
an 18-hole golf course. The proposed RUPD development standards for West Thirty-Six
include various lot sizes from 6,000 sq. ft. to 14,850 sq. ft. while limiting the future residences
to 1-story products and no multi-family options. These diverse lot sizes are comparable to
the Trilogy Verde River development with their approved min. 6,000 sq. ft. lots under R1-6
RUPD and min. 10,000 sq. ft. lots under R1-10 RUPD zoning districts. The proposed relief
from front/rear setbacks, lot width, and lot coverage with this rezone request matches the
same R1-6 RUPD standards as approved with Trilogy at Verde River.

South of the Property is the McDowell Mountain Regional Park, one of the largest Maricopa
County Parks at approximately 21,000 acres. The West 36 development will not encroach
onto the Regional Park, will continue to maintain the existing fencing separating the Park
from the Property (along with appropriate trespassing signage), and will not facilitate any
pedestrian access to the Park unless an agreement can be made with County Parks with
respect to access and fees. There is no plan to add any additional parking or any public access
on the project property.
To the west of the Property is the 176th Street alignment with rural zoned properties,
featuring a mix of single-family homes and vacant lots.
4. Access & Circulation

The main access to the Property, which will be guard gated and feature privately maintained
streets throughout, would be from two (2) separate entrances on Rio Verde Drive aligning
with existing driveways on the north side of the road. A median divided, interior spine road,
configured in an upside down “Y” design, will collect traffic from the local street network,
thereby facilitating efficient north-south movement through the community and minimizing
impacts to the site’s natural wash corridors. . The local street network predominantly runs
east-west in a series of cul-de-sacs and looping streets, bound by the natural wash corridors,
and intended to allow lots to step down with the natural grade which slopes down from west
to east at about a 1% grade. Secondary and emergency access points would be determined
at the time of platting when full site design and technical review involves comprehensive
traffic studies and reports. However, it is anticipated that 176th Street, which will be
improved to a half street section, will provide a number of secondary and/or emergency
access points, as will emergency accessways connecting local streets to the spine road, and
local streets to other local streets in adjacent parcels. Drainage and practical constraints
prevent additional vehicular connections to the west into Tonto Verde, while vehicular
connections to the south through the County Park are similarly impractical.
5. Public Utilities and Services

This application request will not adversely affect County and private facilities and services
and will not have an adverse effect on existing or future public and private open space,
recreation, or schools. The following list identifies public and private services believed to be
available to the development:
• Water – EPCOR
• Sewer – EPCOR
• Electric – SRP
• Natural Gas – None
• Telecoms – Cox / Century Link
• Police – Maricopa County Sheriff’s Office
• Fire – Rio Verde Fire District
• Schools – Cave Creek Unified School District

a. Water & Wastewater
The Property falls within the existing Certificate of Convenience and Necessity (CC&N) for
EPCOR’s Rio Verde Utilities (RVU) Water District and as such EPCOR will be the water
provider for this project. Because EPCOR is not a Designated Supplier, a Certificate of
Assured Water Supply (CAWS) will need to be obtained from the Arizona Department of
Water Resources (ADWR) prior to any Final Plat approvals. To this end, the applicant
submitted a hydrogeological model for the Fountain Hills Sub-basin (which up until this
point had not been studied or modeled using modern techniques) and an application for an
Analysis of Assured Water Supply (AAWS) to ADWR in September 2022. ADWR provided
comments on the model and AAWS application in late March 2023 and both were
resubmitted to ADWR in June 2023. Given that the model findings support a physical
availability determination, ADWR approval of the hydrogeological model and AAWS
application is expected sometime in Fall/Winter 2023. Thereafter approval of a CAWS could
occur in mid to late 2024. Note ADWR’s recent announcement that it would stop issuing
CAWS’s in the Phoenix AMA is not applicable to West Thirty-Six because West Thirty-Six falls
within the Fountain Hills Sub-basin, which is outside of the extents of the updated water
model used by ADWR as the basis of its decision to cease issuing CAWS’s elsewhere in the
AMA. In regards to infrastructure, development of West Thirty-Six will require it to make
certain water infrastructure improvements, including additional storage, pressure boosting,
and well pumping firm capacity. The applicant is currently working with EPCOR to refine
the scope, location, and timing of these improvements. Running concurrently with the
assured water entitlements, EPCOR and Salt River Project (SRP) are negotiating an update
to the existing exchange agreement that allows EPCOR to operate wells near the Verde River
in exchange for EPCOR providing water resources to SRP. Among other things, the update
will extend the term of the agreement, introduce additional sources, and update the volume
of water that can be pumped from EPCOR’s near-river wells to reflect additional demand
from West Thirty-Six and other future projects. Finally, West Thirty-Six is not involved with
EPCOR’s pending “standpipe” CC&N case (ACC Docket W-01303A-22-0264), the water
resources associated with that case, or its consolidation into the Sonoran Water District, and
as such the outcome of West Thirty-Six’s land use entitlements and subsequent potential
development of the Property should have no bearing on the outcome of the standpipe issue.
EPCOR will also provide West Thirty-Six with sewer service. If and when zoning
entitlements are secured the applicant will work with EPCOR to initiate the CC&N expansion
process with the Arizona Corporate Commission to bring the Property within the service
area of EPCOR’s Rio Verde Wastewater District. Similar to potable water, development of
West Thirty-Six will require it to make certain sewer infrastructure improvements, including
upsizing of offsite mains in Forest Drive and expansion of treatment capacity at the Rio Verde
WWTP.
b. Electric
Salt River Project (SRP) is the electrical utility provider for West Thirty-Six and has sufficient
existing capacity and abutting infrastructure to serve the project.

c. Natural Gas

The nearest natural gas facilities are located approximately 5 miles to the west. Southwest
Gas indicates that extending these facilities to the Project would be cost prohibitive.
Therefore, West Thirty-Six, like the other master planned communities in the area, will not
have gas service.
d. Telecoms
Both Cox Communications and Century Link have facilities in the area and will be able to
service the Project.
e. Fire
The project has long been intended to be annexed into the Rio Verde Fire District, which will
benefit from additional property tax proceeds. Accordingly, a formal annexation petition
will be submitted to the Fire District’s Board of Directors once the property is ready to be
developed (i.e. final plats and plans for initial phases have been approved). A fire station is
directly adjacent to this proposal.
f. Police
The property falls within falls within the Maricopa County Sheriff’s Patrol District 7 which is
based in Fountain Hills and serves Fountain Hills and unincorporated areas of Scottsdale, Rio
Verde, Tonto Verde, Trilogy at Verde River and Goldfield Ranch.
g. Drainage/Flood Zone

The project is located in Zone’s X and AE on the Federal Emergency Management Agency
(“FEMA”) Flood Designation Map. A Conditional Letter of Map Revision will be processed
through the final platting process in order to remove portions on the AE floodplain from the
project area.
h. Schools
The Property is located within the Cave Creek Unified School District area. With the proposed
development marketed towards an active adult lifestyle and community, a new school isn’t
planned nor needed for the project population.

6. Location and Accessibility

This Property is located at the eastern portion of the Rio Verde area. the Property is 28 miles
northeast of downtown Scottsdale and 9 miles north of Fountain Hills. As with the rest of Rio
Verde, major vehicular access is via Rio Verde Drive or McDowell Mountain Road.

7. Development Schedule

It is expected that the Property, including onsite and offsite infrastructure, will be developed
in multiple phases over a number of years. All infrastructure necessary to service the project
will be constructed by, or caused to be constructed by, the Applicant when necessary to do

so – there will be no public facilities provided by the County. Although subject to
modification and refinement as the project progresses, the project could potentially be
developed per the following sequence and timeline (See Exhibit I: Conceptual Phasing
Plan):
• Phase 1: Start Q1 2025
o Offsite Sewer – Install new sewer main Desert Forest Drive from Rio Verde
Drive to the Rio Verde WWTP.
o Rio Verde WWTP Ph 1 Expansion – Cause the capacity of the Rio Verde WWTP
to be increased approximately 100,000 gpd.
o RVU Water System Upgrade – Cause the RVU water system to construct
approximately 300,000 gallons of potable water storage, treatment, and
associated pumping/boosting capacity, and bring on approximately 500 gpm
of additional well firm capacity.
o Rio Verde Drive Widening – As indicated by the TIA, widen Rio Verde Drive to
accommodate deceleration, acceleration, and left turning lanes.
o Interior Spine Road Ph 1 – Construct primary interior collector from main
entrance on Rio Verde Drive to the south boundary of parcels A and B.
o 176th Street Half Street Ph 1 – Construct half street improvement from Rio
Verde Drive to the southern boundary of parcel B.
o Main Entry – Construct main entry featuring landscaping, monumentation,
vehicular gates and guardhouse.
o Parcel Development: Develop in-tract improvements for parcels A and B.
• Phase 2: Start Q1 2026
o Interior Spine Road Ph 2 – Construct primary interior collector from parcels A
and B south to parcels C and D.
o 176th Street Half Street Ph 2 – Construct half street improvement from parcel
B to parcel D.
o Community Center Complex Ph 1 – Construct initial phase of community
center, including approximately 10,000 SF of building space and a portion of
the outdoor recreation facilities and pool.
o Parcel Development – Develop in-tract improvements for parcels C and D.
• Phase 3: Start Q1 2028
o Rio Verde WWTP Ph 2 Expansion – Cause the capacity of the Rio Verde WWTP
to be increased approximately 70,000 gpd.
o Interior Spine Road Ph 3 – Construct secondary interior collectors from
parcels C and D south to parcels G and H.
o 176th Street Half Street Ph 3 – Construct half street improvement from parcel
D to parcel H.
o Community Center Complex Ph 2 – Construct final phase of community center,
including approximately 6,000 SF of building space and remaining portions of
the outdoor recreation facilities.
o Parcel Development – Develop in-tract improvements for parcels E, F, G, and
H.
• Phase 4: Start Q1 2030

o Interior Spine Road Ph 4 - Construct secondary interior collectors from parcels
G and H to parcels I and J.
o Parcel Development – Develop in-tract improvements for parcels I and J.

8. Open Space and Amenities

Applicant proposes 150 acres (31% of the Property) of total open space will be provided
including natural washes, trails, parks, common areas, and other amenities suitable for the
enjoyment of its respective residences. (See Exhibit J: Conceptual Community Club Site
Layout, Exhibit K: Conceptual Open Space Plan, and Exhibit L: Conceptual Parks and
Trails Plan). Future amenities for the community club parcel could include dining and bar
options, indoor and outdoor fitness facilities, swimming pool, pickleball courts, and golf
putting course. The conceptual open space and trails plans show a variety of open spaces
including natural wash corridors, enhanced open space/amenity areas, and passive open
spaces. Natural wash corridors will be left in their natural condition except for trails.
Passive open spaces will be re-vegetated/landscaped with a native plant palette and will
include trails as the primary amenity feature. The enhanced open space areas will be
landscaped with a native plant palette that is accentuated with carefully selected drought
resistant succulents, accents, shrus, and trees that create aesthetic focal points throughout
the community. These focal points are further activated and structured for social
engagement with passive mini parks and primary active parks featuring a variety of
structural shade features, seating and picnic areas, game tables, turf areas, overlooks,
walking paths, dog parks, etc. (See Exhibit M: Conceptual Typical Open Space Amenities).
9. Fencing, Walls, Screening and Entry Monumentation.

Entry features, fencing and wall design for the residential development, including location,
will be carefully planned to provide the right balance of privacy, screening and visual access
to the community’s abundant open space and recreational amenities. Examples of
community theme elements are provided within Exhibit N: Community Theming.
10. Community Facilities and Services

This development will be part of a Homeowners Association (“HOA”), created at the time of
Final Plat. The HOA will own, manage, and maintain all common areas, open space facilities,
and private roadway improvements.
11. Land Planning

Exhibit E: Conceptual Lot Layout Plan is included with this application as a means of
demonstrating the intended relationship between lots, streets and open scape only. Detailed
planning and layouts will be determined at the time of preliminary and final plat approvals.
12. Conclusion

The requested rezoning proposes the implementation of a R1-6 RUPD zoning district and C-
2 CUPD zoning district (for clubhouse property only). The intention of the R1-6 RUPD is to
provide a flexible framework capable of facilitating a diversity of lot and product options.
The use of the County’s RUPD overlay will allow for an appropriate mix of buildable
standards to develop a successful community that can cater to various demographics and
market conditions for current and future single-family residential homes. The other major
change to the Property is the removal of the gold course. This updated and forward thinking
proposal enables the Applicant to reach a sustainable density threshold that allows for the
development of a first-class residential neighborhood that is cohesive with the surrounding
Rio Verde communities.

June 23, 2023
LEGAL DESCRIPTION FOR
WEST THIRTY SIX
GROSS ZONING PARCEL
That part of Section 36, Township 5 North, Range 6 East, of the Gila and Salt River Meridian,
Maricopa County, Arizona, more particularly described as follows:
Commencing at the Aluminum Cap marking the Northeast Comer of said Section 36, from
which the Brass Cap flush marking the North Quarter Comer of said Section 36 bears South
89°42'41" West, a distance of 2638.99 feet;
Thence South 89°42'41" West, along the North line of the Northeast Quarter of said Section 36, a
distance of 825 .15 feet;
Thence South 00°09'27" East, a distance of 100.00 feet to the Point of Beginning;
Thence continuing South 00°09'27" East, a distance of 5181.46 feet to the Southwest Comer of
Tonto Verde Unit Three as recorded in Book 386 of Maps, Page 28, records of Maricopa
County, Arizona, being a point on the South line of the Southeast Quarter of said Section 36;
Thence South 89°42'13" West, along said South line, a distance of 1816.54 feet to the Brass Cap
flush marking the South Quarter Comer of said Section 36;
Thence South 89°41'14" West, along the South line of the Southwest Quarter of said Section 36,
a distance of 1867 .28 feet;
Thence North 38°19'01" West, departing said South line, a distance of 599.77 feet to the
beginning of a tangent curve of 186.48 foot radius, concave Easterly;
Thence Northerly, along said curve, through a central angle of 76°27'00", a distance of 248.82
feet;
Thence North 38°07'59" East, a distance of 262.39 feet to the beginning of a tangent curve of
386.48 foot radius, concave Westerly;
Thence Northerly, along said curve, through a central angle of 64 °24'42", a distance of 434.48
feet;
Thence North 26°16'43" West, a distance of 615.09 feet to a point on a 1332.40 foot radius non
tangent curve, whose center bears North 63°45'14" East;
Thence North, along said curve, through a central angle of 26°09'44", a distance of 608.40 feet;
N:\01\0359101 \Admin\Legal Descriptions\G-LG-ZONING-GROSS.docx
Page 1 of 2
4550 NORTH 12TH STREET PHOENIX, ARIZONA 85014-4291 {602) 264-6831 FAX {602) 264-0928
CVL
CONSULTANTS
Exhibit B

Thence North 00°06'20" West, a distance of 181.82 feet;
Thence North 00°05'41" West, a distance of 2270.13 feet;
Thence North 89°40'44" East, a distance of 325.00 feet;
Thence North 00°05'41" West, a distance of 270.00 feet to a point on a line which is parallel with
and 100.00 feet Southerly from the North line of the Northwest Quarter of said Section 36;
Thence North 89°40'44" East, along said parallel line, a distance of 2112.57 feet to a point on a
line which is parallel with and 100.00 feet Southerly from the North line of the Northeast
Quarter;
Thence North 89°42'41" East, along said parallel line, a distance of 1813.90 feet to the Point of
Beginning.
Containing 21,322,759 Square Feet or 489.503 Acres, more or less.
N:\0 l \0359101 \Admin\Legal Descriptions\G-LG-ZONING-GROSS.docx
Page 2 of2
4550 NORTH 12TH STREET PHOENIX, ARIZONA 85014-4291 (602) 264-6831 FAX (602) 264-0928
CVL
CONSULTANTS

WEST THIRTY SIX
GROSS ZONING PARCEL
S89°42'40.70" W 825.15
S00°09'27.44" E 100.00
BOUNDARY
S00°09'27.44" E 5181.46
S89°42'12.66" W 1816.54
S89°41'13.71" W 1867.28
N38°19'01.29" W 599.77
RB = N51°40'58.71" E
R = 186.48
A = 248.82
C = 230.77
CB = N00°05'31.29" W
D = 76°26'60.00"
T = 146.88
RB = N51°52'01.29" W
N38°07'58.71" E 262.39
RB = N5 l
052'01.29" W
R = 386.48
A = 434.48
C = 411.96
CB = N05°55'37.71" E
D = 64°24'42.00"
T = 243.43
RB = N63°43'16.71" E
N26°16'43.29" W 615.09
RB = N63°45'13.88" E
R = 1332.40
A = 608.40
C = 603.12
CB = Nl3°09'54.10" W
D = 26°09'44.03"
T = 309.60
RB = S89°54'57.91" W
N00°06'20.22" W 181.82
N00°05'41.03" W 2270.13
N89°40'44.29" E 325.00
N00°05'41.03" W 270.00
N89°40'44.28" E 2112.57
N89°42'40.70" E 1813.90
to
Area = 21322759
489.503 AC
Closing course: 69°28'34.80" 0.007933
Misclosure: 1/1,000,000+
North Error: 0.002781
East Error: 0.007430

N:\01\0359101\CADD\Exhibits\VX.GROSS.PCL.dwg Dominique June 23, 2023
OF
1
2
WEST THIRTY-SIX
4550 North 12th Street
Phoenix, Arizona 85014
Phone 602-264-6831
http://www.cvlci.com
SCALE 1" = 1000'
EXHIBIT
JOMAX ROAD ALIGNMENT
176TH STREET
RIO VERDE DRIVE
GROSS ZONING PARCEL