Attachment D - PC Summary - Z-28-24-1.pdf

City of Phoenix — Formal (2024-09-04)

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REPORT OF PLANNING COMMISSION ACTION 
August 1, 2024 
ITEM NO: 8 
DISTRICT NO.: 1
SUBJECT:
Application #: 
Z-28-24-1 (Companion Case GPA-DV-1-24-1)
(Continued from June 6, 2024)
Location: 
Southwest corner of 36th Avenue and Pinnacle Peak Road 
From: 
RE-43 and RE-43 SP 
To: 
R1-6 and C-2 
Acreage:
80.31
Proposal:
Single-family residential and commercial 
Applicant: 
Lennar Arizona, LLC 
Owner: 
Arizona State Land Department 
Representative: Stephen Anderson, Gammage & Burnham, PLC 
ACTIONS: 
Staff Recommendation: Approval, subject to stipulations. 
Village Planning Committee (VPC) Recommendation: 
Deer Valley: 5/21/2024 Continued to July 16, 2024. Vote: 9-0. 
  7/16/2024 Approval, per the staff recommendation. Vote: 8-1. 
Planning Commission Recommendation: Approval, per the Deer Valley Village Planning 
Committee recommendation, with a deleted stipulation and an additional stipulation. 
Motion Discussion: 
Vice-Chairperson Busching stated that she had discussed the addition of a stipulation regarding 
pedestrian connectivity with both staff and the applicant, and that both were supportive of 
providing a pedestrian connection between the residential area and commercial area. She 
requested that the stipulation be included in the motion. 
Commissioner Matthews asked if the deletion of Stipulation 8 was still on the table for the 
motion. 
Vice-Chairperson Busching responded in the affirmative and stated she would be supportive of 
its deletion. 
Motion details: Vice-Chairperson Busching made a MOTION to approve Z-28-24-1, per the Deer 
Valley Village Planning Committee recommendation, with the deletion of Stipulation No. 8 and 
an additional stipulation: A minimum of one pedestrian connection shall be provided connecting 
the residential area to the commercial area on the subject site. The pathway may be 
constructed at grade with an alternative surface, as approved by the Planning and Development 
Department. 
 
Maker: Vice-Chairperson Busching 
 
Second: James 
 
Vote: 8-0 
 
Absent: Read 
ATTACHMENT D

Opposition Present: Yes 
 
Findings: 
 
1. 
The proposal is compatible with the proposed General Plan Land Use Map 
designation and will provide housing opportunities within the Deer Valley Village.  
2. 
As stipulated, the proposal will include enhanced standards that will result in a more 
walkable, shaded and pedestrian-friendly environment. The proposal will provide 
increased shade which will help to reduce the urban heat island effect. 
3. 
The proposal will develop a vacant property with uses which will be supportive of 
the recreational, commercial and residential uses in the surrounding area. 
 
Stipulations: 
 
Overall Development 
 
 
1. 
A minimum of 10% of the required shrubs, shall be a milkweed or other native nectar 
species, and shall be planted in groups of three or more, as approved by the 
Planning and Development Department. 
2. 
All bicycle infrastructure and pedestrian pathways, including sidewalks, shall be 
shaded by a structure, landscaping, or a combination of the two to provide a 
minimum of 75% shade, as approved by the Planning and Development Department. 
3. 
A minimum of 10 percent of the provided bicycle parking spaces shall include 
standard electrical receptacles for electric bicycle charging capabilities, as approved 
by the Planning and Development Department. 
4. 
Only landscape materials listed in the Phoenix Active Management Area Low-Water-
Use/Drought-Tolerant Plant List shall be utilized, as approved or modified by the 
Planning and Development Department. Pursuant to Stipulation No. 32, Xeriscaping 
in rear yards for individual single-family lots shall be encouraged. 
5. 
Natural turf, excluding allowances pursuant to Stipulation No. 35 for individual single-
family residential lots, shall only be utilized for required retention areas (bottom of 
basin, and only allowed on slopes if required for slope stabilization) and functional 
turf areas, as approved by the Planning and Development Department 
6. 
Pressure regulating sprinkler heads and/or drip lines shall be utilized in any turf 
areas to reduce water waste. 
7. 
A leak detection device shall be installed for the irrigation system for landscape 
areas larger than 10,000 square feet. 
8. 
A minimum 110-feet of right-of-way shall be dedicated and constructed for the 
full width of 39th Drive for the length of the parcel or provide documentation 
from the Maricopa County Flood Control District that a roadway connection from 
the 39th Drive and Pinnacle Peak Road intersection connecting to either the 39th 
Avenue alignment south of the Adobe Dam or to the Parkside Lane alignment at 
35th Avenue are both not supported by the Flood Control District.

Alternatively, if the road connection is not supported by the Maricopa County 
Flood Control District, a Traffic Impact Analysis (TIA) shall be resubmitted to the 
Street Transportation Department to evaluate the roadway connection, prior to 
preliminary site plan approval.  The developer shall be responsible for funding 
and the construction of all recommendations of the study. 
9. 
8. 
An enhanced pedestrian connection shall be provided on the southern site boundary 
to allow for direct pedestrian access to the adjacent Adobe Dam Area Trail 1.  The 
developer shall construct an 8-foot-wide shaded pedestrian pathway consisting of 
decorative material such as brick, pavers or alternative material providing, as 
approved by the Planning and Development Department. 
10. 
9. 
Funds totaling $2.3 Million dollars shall be deposited into an escrow account to the 
Street Transportation Department to reimburse City installed improvements adjacent 
to Pinnacle Peak Road by project ST85100400, prior to final site plan approval.  
11. 
10. 
The existing streetscape beginning at the back of curb shall be replenished with the 
following landscaping along Pinnacle Peak Road on both sides of the existing 
detached sidewalk, 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 shrubs, accents, and vegetative groundcovers to achieve a 
minimum of 75% live coverage. 
Where utility conflicts exist, the developer shall work with the Planning and 
Development Department on an alternative design solution consistent with a 
pedestrian environment. 
12. 
11. 
Replace unused driveways with sidewalk and curb and gutter. Also, replace any 
broken or out-of-grade curb, gutter, sidewalk, curb ramps on all streets and upgrade 
all off-site improvements to be in compliance with current ADA guidelines. 
13. 
12. 
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. 
13. 
The property owner shall record documents that disclose the existence, and 
operational characteristics of Deer Valley Airport 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. 
15. 
14. 
The property owner shall record documents that disclose the existence of, and 
operational characteristics of, Maricopa County Adobe Dam Regional Park to future 
owners or tenants of the property, including characteristics of noise, lighting, dust, 
and traffic. The form and content of such documents shall be reviewed and approved 
by the City prior to recordation. 
16. 
15. 
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.  
17. 
16. 
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. 
17. 
A MINIMUM OF ONE PEDESTRIAN CONNECTION SHALL BE PROVIDED 
CONNECTING THE RESIDENTIAL AREA TO THE COMMERCIAL AREA ON THE 
SUBJECT SITE. THE PATHWAY MAY BE CONSTRUCTED AT GRADE WITH AN 
ALTERNATIVE SURFACE, AS APPROVED BY THE PLANNING AND 
DEVELOPMENT DEPARTMENT. 
C-2 Zoned Area 
 
18. 
The conceptual site plan, elevations, and landscape plan for future development of 
the commercially zoned area shall be reviewed and approved by the Planning 
Hearing Officer through the public hearing process for stipulation modification prior to 
preliminary site plan approval. This is a legislative review for conceptual purposes 
only. Specific development standards and requirements will be determined by the 
Planning Hearing Officer and the Planning and Development Department. 
19. 
Where pedestrian walkways cross a vehicular path, the pathway shall be constructed 
of decorative pavers, stamped or colored concrete, or other pavement treatments 
that visually contrasts parking and drive aisle surfaces, as approved by the Planning 
and Development Department. 
20. 
Bicycle parking shall be provided per the requirements of Section 1307.H. through 
Inverted U and/or artistic racks and installed per the requirements of Section 1307.H. 
of the Phoenix Zoning Ordinance. Artistic racks shall adhere to the City of Phoenix 
Preferred Designs in Appendix K of the Comprehensive Bicycle Master Plan. 
21. 
All uncovered surface parking lot areas shall be landscaped with minimum 2-inch 
caliper, single-trunk, large canopy, drought-tolerant, shade trees. Landscaping shall 
be dispersed throughout the parking area and achieve 25% shade, as approved by 
Planning and Development Department.  
22. 
A minimum of 10% of the vehicle parking spaces shall be EV Capable. 
23. 
Landscaping shall be maintained by permanent and automatic/water 
efficient WaterSense labeled irrigation controllers (or similar smart controller) to 
minimize maintenance and irrigation water consumption for all on and offsite 
landscape irrigation. 
24. 
Prior to final site plan approval, documentation shall be provided that demonstrates a 
commitment to participate in the City of Phoenix Businesses Water Efficiency 
Program for a minimum of 10 years, or as approved by the Planning and 
Development Department. 
25. 
A minimum of two green infrastructure (GI) techniques for stormwater management 
shall be implemented per the Greater Phoenix Metro Green Infrastructure and Low-

Impact Development Details for Alternative Stormwater Management, as approved 
or modified by the Planning and Development Department. 
R1-6 Zoned Area 
 
26. 
The development shall include a minimum of two centralized amenity areas and 
pedestrian circulation pathways throughout the subdivision, as depicted on the site 
plan date stamped April 3, 2024, as approved by the Planning and Development 
Department. 
27. 
A minimum of 15% of the gross area of the site shall be retained as common open 
space, as approved by the Planning and Development Department 
28. 
The development shall be in general conformance with the building elevations date 
stamped February 13, 2024, as modified by the following stipulations and approved 
by the Planning and Development Department. 
29. 
The pedestrian circulation walkways, as depicted on the site plan date stamped April 
3, 2024, shall comply with the following, as approved by the Planning and 
Development Department. 
a. 
Pedestrian ways shall be a minimum of six feet in width. 
b. 
Lighting shall be provided to ensure safety and security, including maximum 
15-foot height of lighting fixtures, a minimum of one foot candle illumination to 
be maintained throughout the walkway, and uniform lighting along the entire 
walkway to avoid bright high glare areas and low visibility dark areas. 
c. 
One of the following elements shall be provided at each entrance to the 
pedestrian circulation pathways: bollard path light, art, decorative directional 
signage, or architectural design elements that emphasize the entrance/exit of 
the pathways. 
d. 
Where the pedestrian circulation pathways cross a street, the pathway shall 
be constructed of decorative pavers, stamped or colored concrete, or other 
pavement treatments that visually contrasts with the street. 
30. 
All required street landscape setback shall be planted with minimum 2-inch caliper, 
drought-tolerant shade trees, as approved by the Planning and Development 
Department. 
31. 
Guest bicycle parking shall be provided at a minimum rate of 0.05 spaces per unit 
with a maximum of 25 spaces. Guest bicycle parking shall be provided through 
Inverted U and/or artistic racks located in open space and amenity areas and 
installed per the requirements of Section 1307.H. of the Phoenix Zoning Ordinance. 
Artistic racks shall adhere to the City of Phoenix Preferred Designs in Appendix K of 
the Comprehensive Bicycle Master Plan. 
32. 
Only landscape materials listed in the Phoenix Active Management Area Low-Water-
Use/Drought-Tolerant Plant List shall be utilized throughout the subdivision including 
the front, and side yards of individual residential lots. This restriction shall be 
included in the Covenants, Conditions, and Restrictions for the subdivision. 
Xeriscaping in rear yards shall be encouraged.

33. 
Prior to preliminary plat approval, documentation shall be provided that 
demonstrates participation in the Environmental Protection Agency’s WaterSense 
certification program, or an equivalent program, as approved by the Planning and 
Development and Water Services departments. 
34. 
A WaterSense inspection report from a third-party verifier shall be submitted that 
demonstrates successful participation in the Environmental Protection Agency’s 
WaterSense certification program, or an equivalent program, prior to certificate of 
occupancy, as approved by the Planning and Development Department. 
35. 
Natural turf shall not be utilized on portions of individual single-family lots visible from 
streets. Turf within rear yards of all individual single-family lots shall be restricted 
such that no more than 20% of a private lot rear yard could contain natural turf. This 
restriction shall be included in the Covenants, Conditions, and Restrictions for the 
subdivision. 
36. 
Landscaping in common areas shall be maintained by permanent and 
automatic/water efficient WaterSense labeled irrigation controllers (or similar smart 
controller) to minimize maintenance and irrigation water consumption for all on and 
offsite landscape irrigation. 
37. 
Participation in the City of Phoenix Homeowner’s Association Water Efficiency 
Program shall be incorporated into the Covenants, Conditions, and Restrictions for 
the subdivision, prior to final site plan approval. 
38. 
Swimming pools shall be limited to 550 square feet in size. 
39. 
A minimum of two green infrastructure (GI) techniques for stormwater management 
shall be implemented per the Greater Phoenix Metro Green Infrastructure and Low-
Impact Development Details for Alternative Stormwater Management, as approved 
or modified by the Planning and Development Department. 
40. 
The developer shall construct a minimum 4-foot-wide detached sidewalk and a 
minimum 5-foot-wide landscape strip between the back of curb and sidewalk for 
internal private sidewalks within the development, planted with a minimum 2-inch 
caliper drought-tolerant, large canopy, single-trunk shade trees planted 20 feet on 
center or in equivalent groupings, and as approved by the Planning and 
Development Department.  
Where utility conflicts arise, the developer shall work with the Planning and 
Development Department on an alternative design solution consistent with a 
pedestrian environment. 
 
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.