In a unanimous decision on April 3rd, the Florence Planning and Zoning Commission voted to reconsider and ultimately approve the preliminary plat for the Anthem at Merrill Ranch East development. The 5-0 vote reversed their March 20th decision when the commission had rejected the same plan in a split 3-2 vote.
The development, located east of Felix Road and north of Hunt Highway, is planned to add approximately 3,137 homes to the Anthem at Merrill Ranch community, with a target completion date of 2040.
Commission’s Limited Authority in Light of Vested Rights
A central theme throughout the meeting was the commission’s limited authority to deny the project due to the “vested rights” granted to Pulte Group through previous development agreements. These vested rights stem from a Planned Unit Development approved in 2005 and amended in 2008, which limits the commission’s discretion to deny plat approvals that comply with its terms.
During a question period, Commissioner Duane Proulx expressed confusion about why the commission needed to reconsider the preliminary plat: “With all due respect … I’m confused by this. My understanding of this PUD is that it’s a foregone conclusion, so why are we being presented with this again and asked to vote on it?”
Town Attorney Clifford Mattice clarified that while the commission must review the plat as part of the process dictated by the Planned Unit Development (PUD) agreement, their authority is limited. “The PUD itself requires it to go to the planning commission,” Mattice explained. “The planning commission, it may be a ministerial act, but it’s still part of the review process.”
Vice Mayor Cathy Adam, serving as the council liaison to the commission, added context by noting, “I believe that we are in the middle of considering whether preliminary plats will be administrative versus going to the planning and zoning commission. At this point, you are still hearing a preliminary plat.”
This exchange highlighted the ongoing tensions between development agreements made decades ago and current community concerns.
A Temporary Victory Overturned
The March 20th rejection of the preliminary plat gave residents a brief sense of victory in their opposition to the development. However, this win was short-lived. During that March meeting, Vice-Chair DeRosa had reluctantly seconded a motion to approve the plat, stating, “As much as I hate to do this, I have to second it because it can’t fail,” alluding to the legal constraints facing the commission due to vested rights granted to the developer nearly two decades ago.
Despite DeRosa’s warning that the commission didn’t truly have a choice due to vested rights, the motion to approve failed in a 3-2 vote, with Commissioners Wooley, Leaman, and Proulx opposing, while Chairman Frost and Vice-Chair DeRosa voted to approve. Residents left that meeting thinking they had successfully blocked the development.
However, just two weeks later at the April 3rd meeting, the commission reconsidered the preliminary plat. Community Development Director AJ Monroe explained that Commissioner Jeffrey Wooley, who had voted against the plat on March 20, had requested the reconsideration on March 21st, the day after the original vote.
“Only a member who voted on the prevailing side of the original motion, the nay votes in this case, may move to reconsider,” Monroe explained. “The request for reconsideration must be made the day of the original vote, or the very next meeting.”
After brief discussion at the April 3rd meeting, the commission first voted 5-0 to reconsider the previous denial, and then voted 5-0 to approve the preliminary plat.
Developer’s Commitment and Resident Concerns
Before the final vote on April 3rd, Vice-Chair Kathleen DeRosa addressed Pulte representatives directly: “First is I do appreciate Pulte being here this evening. Thank you for coming. You didn’t have to be here. You all showed. It’s nice to see a show of force. We’ve also had a show of force here from the homeowners that you’ve seen in the last two meetings that this was presented, and I just hope you’ve heard them. They’re your clients. They are your recommendations. They are out there marketing your property, and hopefully you’ll give some consideration to giving them some small wins and some opportunities to want to showcase this new development.”
Her comments referenced the significant resident turnout at previous meetings, where homeowners expressed concerns about overcrowded amenities at the existing Anthem development. Residents had cited difficulties getting tee times at the golf course and booking seats for popular community events.
Future Development in Florence
The meeting also revealed the significant growth occurring in Florence. Monroe reported that the town currently has over 20 final plats under review and continues to receive “two to four every couple weeks.”
“We’ve got some work ahead of us,” Monroe stated. “There’s a lot of things going on.”
This surge in development applications comes amid ongoing discussions about the town’s approach to development agreements and impact fees. During the meeting, commissioners asked several questions about how impact fees are calculated and applied across different developments in the town.
Understanding Impact Fees
Impact fees play a crucial role in ensuring new developments contribute to the infrastructure needed to support them. These fees are collected when building permits are issued and help fund necessary public services like transportation, police, fire, and parks.
Monroe explained that different developments may be subject to different fee structures based on existing agreements. The variability in how impact fees are applied across different developments in Florence reflects the complex web of development agreements the town has entered into over the years.
Arizona law allows municipalities to assess development fees to offset costs associated with providing necessary public services to new developments. These fees must result in a beneficial use to the development and cannot exceed a proportionate share of the cost needed to provide necessary public services.
Commission members showed particular interest in transportation impact fees, reflecting community concerns about roadway infrastructure keeping pace with development. Vice-Chair DeRosa questioned whether Florence collects the same number of impact fee categories as other jurisdictions.
Monroe confirmed the town collects four types of impact fees: transportation, police, fire, and parks, plus additional fees for water and wastewater services.
Next Steps for Anthem East
With the preliminary plat now approved, Pulte Group can move forward with developing the 943-acre site east of Felix Road. Infrastructure work is expected to begin in 2026, with the first homes anticipated to be available around 2028.
The development will continue the existing Anthem at Merrill Ranch community, featuring approximately 340 acres of open space with over four miles of trails. A pedestrian underpass beneath Felix Road will provide connectivity between the eastern and western portions of the community.
Chairman Lonnie Frost concluded with a hopeful message to the Pulte team: “Thanks for being here with us. Thanks for what you’re doing to make our community better. We look forward to good things. Great things. Let’s go great on this one.”
The Anthem East development highlights the long-lasting impact of development agreements and the challenges communities face when balancing vested development rights with evolving community needs. As Florence continues to grow, these tensions are likely to remain at the forefront of planning discussions.
