Attachment D - PC Summary - Z-85-24-3.pdf


REPORT OF PLANNING COMMISSION ACTION 
November 7, 2024 
ITEM NO: 11 
DISTRICT NO.: 3
SUBJECT:
Application #: 
Z-85-24-3
Location: 
Approximately 170 feet east of the northeast corner of 13th Avenue and 
Peoria Avenue 
From:
R-3
To:
R-3 Hillside DNS/WVR
Acreage:
1.26
Proposal: 
Hillside density waiver for single-family residential 
Applicant: 
Ty Utton, Rose Law Group, PC 
Owner: 
Empire J Properties, LLC 
Representative: 
Jon Gillespie, Rose Law Group, PC 
ACTIONS: 
Staff Recommendation: Approval, subject to stipulations. 
Village Planning Committee (VPC) Recommendation: 
North Mountain 10/16/2024 Approval, per the staff recommendation, with a modification. Vote: 
13-0.
Planning Commission Recommendation: Approval, per the North Mountain Village Planning 
Committee recommendation. 
Motion Discussion: N/A 
Motion details: Commissioner Jaramillo made a MOTION to approve Z-85-24-3, per the North 
Mountain Village Planning Committee recommendation. 
 
Maker: Jaramillo 
 
Second: Matthews 
 
Vote: 9-0 
Absent: None  
 
Opposition Present: No 
Findings: 
1.
The proposal is consistent with the General Plan Land Use Map designation of
Residential 10 to 15 dwelling units per acre and with the surrounding land uses.
2.
The proposal, as stipulated, will promote the visual integrity and character of the
hillside area.
3.
The proposal as stipulated, will incorporate landscaping and shading that will enhance
the location, consistent with General Plan goals and principles.
ATTACHMENT D


Stipulations: 
 
1. 
The development shall be limited to a maximum of four units. 
 
2. 
All landscape setbacks shall be planted with minimum 2-inch caliper, large canopy, 
drought-tolerant trees, 20 feet on center, or in equivalent groupings, with five 5-gallon 
shrubs per tree, as approved by the Planning and Development Department. Where 
utility conflicts exist, the developer shall work with the Planning and Development 
Department on alternative design solutions consistent with a pedestrian environment 
for installing the required plants. 
 
3. 
The sidewalk along Peoria Avenue shall be a minimum of 6 feet in width and detached 
with a minimum 5-foot-wide landscape strip located between the sidewalk and back of 
curb and planted to the following standards, as approved by the Planning and 
Development Department. 
 
a. 
Minimum 2-inch caliper, single-trunk, large canopy, drought-tolerant, shade 
trees planted 20 feet on center, or in equivalent groupings. 
 
 
b. 
Drought tolerant vegetation to achieve a minimum of 75% live coverage. 
 
Where utility conflicts exist, the developer shall work with the Planning and 
Development Department on alternative design solutions consistent with a pedestrian 
environment for installing the required plants. 
 
4. 
No structure shall be built above the 15% slope line per the approved Slope Analysis, 
as approved by the Planning and Development Department. 
 
5. 
The materials, colors, textures and finishes of all structures (including architectural 
elements, walls, fences and retaining walls) shall match and blend with the adjacent 
surrounding undisturbed area, as approved by the Planning and Development 
Department.  
 
6. 
All disturbed areas not covered by structures or paving must be revegetated with plant 
species from the Sonoran Desert Plant List that exists in the adjacent undisturbed 
area, as approved by the Planning and Development Department. 
 
7. 
Only landscape materials listed the Approved Plant Species List for Sonoran Preserve 
Edge Treatment Guidelines (Section 507 TAB II of the Zoning Ordinance) shall be 
utilized within the landscape areas and improved common areas, as approved or 
modified by the Planning and Development Department. 
 
8. 
Natural turf shall not be utilized on individual single-family lots (including the side and 
rear yards). This restriction shall be included in the Covenants, Conditions, and 
Restrictions for the subdivision. 
 
9. 
A minimum of one green stormwater infrastructure (GSI) elements for stormwater 
management shall be implemented, as approved or modified by the Planning and 
Development and/or Street Transportation departments. This includes but is not 
limited to stormwater harvesting basins, bioswales, permeable pavement, etc., per the 
Greater Phoenix Metro Green Infrastructure and Low Impact Development Details for 
Alternative Stormwater Management.


10. 
Participation in the City of Phoenix Homeowner’s Association Water Efficiency 
Program shall be incorporated into to Covenants, Conditions, and Restrictions for the 
subdivision, prior to final site plan approval. 
 
11. 
Swimming pools on individual single-family lots shall be limited to 600 square feet in 
size. 
 
12. 
A minimum 40 feet of right-of-way shall be dedicated and constructed for the north 
side of Peoria Avenue. 
 
13. 
All streets within and adjacent to the development shall be constructed with paving, 
curb, gutter, sidewalk, curb ramps, streetlights, median islands, landscaping, and 
other incidentals, as per plans approved by the Planning and Development 
Department. All improvements shall comply with all ADA accessibility standards. 
 
14. 
In the event archaeological materials are encountered during construction, the 
developer shall immediately cease all ground-disturbing activities within a 33- foot 
radius of the discovery, notify the City Archaeologist, and allow time for the 
Archaeology Office to properly assess the materials. 
 
15. 
Prior to final site plan approval, the landowner shall execute a Proposition 207 waiver 
of claims form. The waiver shall be recorded with the Maricopa County Recorder's 
Office and delivered to the City to be included in the rezoning application file for 
record. 
 
This publication can be made available in alternate format upon request. Please contact Teleia 
Galaviz at 602-291-2559, teleia.galaviz@phoenix.gov, TTY: Use 7-1-1.