Attachment C - PHO Summary - PHO-1-25--Z-89-22-2.pdf

City of Phoenix — Formal (2025-07-02)

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REPORT OF PLANNING HEARING OFFICER ACTION  
Byron Easton, Planner III, Hearing Officer  
Teresa Garcia, Planner I, Assisting  
 
May 21, 2025 
 
ITEM NO: 4 
 
 
DISTRICT NO. 2 
SUBJECT: 
 
 
 
Application #: 
PHO-1-25--Z-89-22-2 (Continued from April 16, 2025) 
Location: 
Approximately 140 feet north of the northeast corner of 34th 
Street and Tierra Buena Lane 
Zoning:  
R1-6 
Acreage:  
3.92 
Request: 
1) Request to modify Stipulation 10 regarding a minimum 5-
foot-wide detached sidewalk and a minimum 5-foot-wide 
landscape strip. 
Applicant: 
Shelby Duplessis, Diversified Future 
Owner: 
 
Chuck Kennedy, Land N. 34th Street, LLC 
Representative: Shelby Duplessis, Diversified Future 
 
ACTIONS: 
 
Planning Hearing Officer Recommendation: The Planning Hearing Officer 
recommended approval with a modification. 
 
Village Planning Committee (VPC) Recommendation: The Paradise Valley 
Village Planning Committee reviewed the request on May 5, 2025 and 
recommended approval by a vote of 11-0. 
 
DISCUSSION: 
 
Shelby Duplessis, representative of Diversified Future, gave an overview of the 
site and modification request. She stated the final site plan includes one story 
homes with a detached sidewalk everywhere on the site, but they were having 
difficulties finding a builder who can produce a typical floor plan without going to 
two stories. She stated they are requesting a minimum 5-foot wide attached 
sidewalk and a detached sidewalk for every 16 feet, created a meandering 
sidewalk throughout the development and keeping the homes at one story. She 
stated the homes will maintain the 18-foot driveway and 15-foot rear building 
setback and received unanimous approval from the Paradise Valley Village 
Planning Committee (VPC).  
 
Byron Easton, Planning Hearing Officer, stated the sidewalk design is often 
something desired in residential communities. He stated staff received the 
Attachment C

Planning Hearing Officer Summary of May 21, 2025 
Application PHO-PHO-1-25--Z-89-22-2 (Continued from April 16, 2025) 
Page 2 
 
standard plan as part of the application, but not the site plan displaying the 
meandering sidewalk. He asked Ms. Duplessis if she could provide the revised 
site plan immediately to be included in the file. She answered that she will submit 
the site plan immediately. Mr. Easton recommended approval with a modification. 
 
FINDINGS: 
 
1) The request to modify Stipulation 10 regarding a minimum 5-foot-wide 
detached sidewalk and a minimum 5-foot-wide landscape strip is 
recommended to be approved with a modification to provide language that 
is consistent with Streets and Transportation Department recommended 
stipulation language and clarifies the location and design of the detached 
sidewalk. Any detachment of sidewalks on a local roadway exceeds the 
minimum design standards set forth by the Street Transportation 
Department approved cross-sections.  The updated site plan that the 
modified stipulation references, was submitted the day of the hearing. 
 
STIPULATIONS: 
 
1. 
The development shall be in general conformance with the site plan date 
stamped February 22, 2023, with specific regard to the open space 
provided, as modified by the following stipulations and as approved by 
the Planning and Development Department. 
 
2. 
The maximum building height shall be 1-story and 16 feet, measured to 
the peak of the roof. 
 
3. 
Improved open space areas shall be shaded by a structure, landscaping 
at maturity, or a combination of the two to provide minimum 75% shade, 
as shown on a shading study, as approved by the Planning and 
Development Department. 
 
4. 
Landscape areas within retention areas and open space areas shall be 
planted with shrubs, accents and vegetative groundcovers to provide a 
minimum of 75% live coverage at maturity, as approved by the Planning 
and Development Department. 
 
5. 
A minimum of two shaded active recreation amenities, such as a tot lot, 
picnic area, seating feature, garden amenity, or similar amenity, shall be 
provided within the open space area, as approved by the Planning and 
Development Department. 
 
6. 
A minimum of five bicycle parking spaces shall be provided through 
Inverted U and/or artistic racks located near improved open space areas 
and installed per the requirements of Section 1307.H. of the Phoenix

Planning Hearing Officer Summary of May 21, 2025 
Application PHO-PHO-1-25--Z-89-22-2 (Continued from April 16, 2025) 
Page 3 
 
Zoning Ordinance, as approved by the Planning and Development 
Department. Artistic racks shall adhere to the City of Phoenix Preferred 
Designs in Appendix K of the Comprehensive Bicycle Master Plan. 
 
7. 
The perimeter landscape setback adjacent to the public street shall be 
planted to the following standards, as approved by the Planning and 
Development Department. 
 
 
a. 
Minimum 50% 2-inch caliper and 50% 3-inch caliper, large canopy, 
drought-tolerant shade trees, planted 20 feet on center or in 
equivalent groupings. 
 
 
b. 
Shrubs, accents, and vegetative groundcovers to provide a minimum 
of 75% live coverage at maturity. 
 
8. 
The Developer shall construct a minimum 5-foot-wide detached sidewalk 
and a minimum 5-foot-wide landscape strip between the back of curb 
and sidewalk along the east side of 34th Street, planted to the following 
standards and as approved by the Planning and Development 
Department. 
 
 
a. 
Minimum 2-inch caliper drought-tolerant, large canopy, single-trunk 
shade trees planted 20 feet on center or in equivalent groupings. 
 
 
b. 
Drought-tolerant shrubs, accents and vegetative groundcovers to 
achieve a minimum of 75% live coverage at maturity. 
 
 
Where utility conflicts arise, the developer shall work with the Planning 
and Development Department on an alternative design solution 
consistent with a pedestrian environment. 
 
9. 
The developer shall dedicate a sidewalk easement for any streetscape 
area (detached sidewalk and landscape strip) that falls outside of 
dedicated right-of-way along the east side of 34th Street, as approved by 
the Planning and Development Department. 
 
10. 
The developer shall construct a minimum 5-foot-wide detached sidewalk 
and a minimum 5-foot-wide landscape strip between the back of curb 
and sidewalk for internal public and/or private sidewalks within the 
development, including along the perimeter of Tract B and Tract C, 
EXCEPT FRONTING LOTS 1-20, as depicted on the site plan stamped 
MAY 21, 2025 December 20, 2022, planted to the following standards 
and as approved by the Planning and Development Department.

Planning Hearing Officer Summary of May 21, 2025 
Application PHO-PHO-1-25--Z-89-22-2 (Continued from April 16, 2025) 
Page 4 
 
 
a. 
Minimum 2-inch caliper drought-tolerant, large canopy, single-trunk 
shade trees planted 20 feet on center or in equivalent groupings. 
 
 
b. 
Drought tolerant shrubs, accents, and vegetative groundcovers to 
achieve a minimum of 75% live coverage at maturity. 
 
 
Where utility conflicts arise, the developer shall work with the Planning 
and Development Department on an alternative design solution 
consistent with a pedestrian environment. 
 
11. 
The developer shall construct all streets within and adjacent to the 
development 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. 
 
12. 
A Red Border Letter shall be submitted to the Arizona Department of 
Transportation (ADOT) for this development. 
 
13. 
The property owner shall record documents that disclose the existence, 
and operational characteristics of the Deer Valley Airport (DVT) to future 
owners or tenants of the property. The form and content of such 
documents shall be according to the templates and instructions provided 
which have been reviewed and approved by the City Attorney. 
 
14. 
In the even 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 preliminary site plan approval, the landowner shall execute 
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. 
 
Upon request, this publication will be made available within a reasonable length 
of time through appropriate auxiliary aids or services to accommodate an 
individual with a disability. This publication may be made available through the 
following auxiliary aids or services: large print, Braille, audiotape or computer 
diskette. To request a reasonable accommodation, please contact Saneeya Mir 
at saneeya.mir@phoenix.gov or (602) 686-6461 or TTY: 7-1-1.