Attachment F - Opposition - Z-28-24-1.pdf

City of Phoenix — Formal (2024-09-04)

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1
Racelle Escolar
From:
Saddleback Home Owners <saddlebackhoa@cox.net>
Sent:
Tuesday, July 23, 2024 10:44 AM
To:
Racelle Escolar
Subject:
RE: Slides for August 1st Planning Commission Hearing
Attachments:
LDV Opposition 970.pdf
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Hello Racelle, 
Thank you for your prompt response.  I will send my PPT slides to you by Wednesday, July 31st.
I have attached the names of the 970 members of the Little Deer Valley Homeowners group 
who oppose rezoning the Adobe Dam Recreational area, to afford Lennar a greater profit 
margin.  We already have failing commercial one-quarter-mile from the proposed site and the 
addition of 294 homes will not provide any significant relief to the current housing shortage 
while sacrificing a significant portion of the park.  Please pass this on to the Planning 
Commission for consideration in this matter. 
Thank you, 
Scott Anderson 
5029 W. Whispering Wind Dr. 
Glendale, AZ  85310 
(623) 582-0865
saddlebackhoa@cox.net
From: Racelle Escolar <racelle.escolar@phoenix.gov>  
Sent: Monday, July 22, 2024 4:09 PM 
To: Saddleback Home Owners <saddlebackhoa@cox.net> 
Subject: RE: Slides for August 1st Planning Commission Hearing 
Yes, please send me the presentation by Wednesday, July 31. 
Thanks, 
ATTACHMENT F

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From:
Shannon Porter
To:
rlane@gblaw.com; Matteo Moric
Subject:
Lennar Development Paseo Heights Zoning Meeting
Date:
Tuesday, July 16, 2024 9:50:47 AM
Importance:
High
Hi Matteo and Rob,
 
We have another Zoning Meeting this evening regarding the Lennar Development at 39th Drive and
Pinnacle Peak Road.  I received a voicemail,  it looks like last week from someone with Lennar,
however, the person who left the voicemail you could barely hear her voice and make out what was
being said.
 
I need to get a copy per my attorney’s review of the complete Traffic Density Report/Analysis of 39th
Drive and a report for Pinnacle Peak Road that I am assuming you have already completed.
 
Please send this information over to me as soon as possible.  I will be bringing this up at the meeting
this evening as well.   My HOA fees cover the maintenance of 39th Drive the entrance from Pinnacle
Peak Road to Happy Valley Road.  This roadway is considered as our common area that we maintain
and provide to the community the walkways and bicycle paths along this road.   Which is used daily
by young children and adults.   The increase in traffic is a huge concern on this roadway considering
this is the only direct access from Pinnacle Peak to Happy Valley Road to the closest grocery store.  
This roadway is directly across from your future development that is being built.  They will be using
this road as access.  I highly doubt they are going to go down to 43rd Avenue which would be the
next road to access and is not governed by an HOA. 
 
I appreciate your knowledge and thorough research in all of this planning.   If you can please send
me any additional information to ease my concerns,  I would greatly appreciate it.   
 
Thank you for your help and time on this matter.     My attorney will review the report with me once
you send it over. 
 
Thank you,
 
Shannon  
 
 
th
th

** Please Note I will be on vacation July 24 , 2024 Thru August 6 , 2024,
and Returning to the office on August 7th, 2024. ** 
 
 
Shannon V. Porter
Branch Manager- Senior Commercial & Residential Escrow Officer
1550 E. Missouri Avenue
Phoenix, AZ 85014
D: (602)848-2926
O: (602)943-0184  Ext. 252
Email:  Shannon.porter@ptaaz.com

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From:
Austin and Teresa Sanders
To:
Matteo Moric; PDD Deer Valley VPC; Teleia Galaviz; Mayor Gallego; PDD Site Planning; PDD Zoning; OEPInfo
MGR; Council District 1 PCC
Subject:
Lennar Proposed Development 36th Ave & Pinnacle Peak
Date:
Tuesday, July 16, 2024 2:30:42 PM
Teresa Sanders
3504 W Fallen Leaf Ln
Glendale, AZ 85310
(623)308-6872
tmsanders@arizona.edu
July 16, 2024
To Whom It May Concern:
My name is Teresa Sanders and I am writing in opposition to the Lennar planned development
of 80.31 acres off Pinnacle Peak Road and 36th Avenue. The cases in question are GPZ-DV-
1-24-1 and Z-28-24-1. The request from Lennar is to change the area's zoning from
Parks/Open Space - Publicly Owned to Residential 3.5-5 dwelling units per acre, and
commercial respectively. It is my formal request to all decision-making authorities in the
matter to reject this plan in its entirety and protect the area’s designation as a publicly owned
open space.
There are many justifiable reasons to support both cases, as I am aware that there is a housing
crisis in the Greater Phoenix Area; made more devastating by the invasion of the Taiwan
Semiconductor Manufacturing Company North of the 303. As a homeowner, I am gravely
concerned with the effect this rapid development will have not only on the infrastructure that
already can barely support those residing here, but also on the continued affordability of my
home, and the devastating effects this rampant growth is having on an already fragile

ecosystem.
Should Lennar’s plans be approved they will sell those homes for $530k-$700k. For reference,
I purchased my home for $250k at the end of 2019, the current Zillow estimate is over $400k.
Initially, that looks wonderful, I have so much equity in my home. However, that increase in
value has also increased my property taxes and homeowners insurance premiums. As a teacher
for the local school district, my wages were just enough for me to afford the home when I
purchased it 5 years ago. If efforts to curb the over-inflation of values are not made, then my
home will cease to be affordable. Good, wonderful neighbors, who have been renting in the
area for years will also be pushed out, forced to uproot their children, and possibly made
homeless due to ever-rising housing costs. Lennar’s development plans do nothing to address
the underlying issues. More homes that cost $500k or more are not the way that we address the
thralls of unhoused people in the Phoenix area. We do that by restricting profit margins for
land developers and rental investments. If Lennar is willing to reduce the starting price of their
homes to under $400k, then that would be a small start towards addressing the larger problem.
The next concern is infrastructure for education, Lennar points out on their information page
that the land currently does not pay taxes to support local schools, this land also does not
import families that would be utilizing those resources. It is well known that schools are
overcrowded and underfunded. This area is not exempt, and adding more families to an
already strained system would be a disservice to all involved. Lennar already added nearly 300
homes near Jomax, and has plans to build far more, all with no additional schools being
provided to support those students. Sandra Day O’Connor High School currently houses
approximately 2600 students, there are not enough classrooms to support the needs already
there, and as a result, teachers are being forced to share classrooms to accommodate student
population needs. The growth of this area cannot support the continuous addition of homes
without regard for public service needs, and with teachers leaving the profession in droves,
there simply isn’t enough staff to support an influx of this magnitude. 
In regards to the claim that by leaving the wash intact local wildlife will not be disrupted, I
formally disagree. Unless Lennar is able to survey the entire site and confirm that there are no
nests, burrows, or otherwise, there will be habitat disruption. My school 2 miles from the
proposed site had several lockdowns just this last year due to coyotes and javelina on campus.

If these open areas are only seen as empty eyesores then they are missing the entire point. No,
that space doesn’t currently have people living there, but to say no one lives there erases the
importance of the lives of the wildlife we share this space with. If open spaces are covered up
with people spaces then the animals will have nowhere to go and will end up euthanized
because they’ll be labeled as menaces, when really, they were here first.
Lennar claims that this development would only contribute to 16% of the traffic, my question
is how did they come up with a number that low? If every home produced 2 drivers, as is the
norm, that adds 588 additional vehicles utilizing the light at 39th Ave. If students from those
homes attend the local high school, those additional vehicles would render an already dire
traffic concern exponentially worse. Concerning the commercial development, since there is
not a light abutting that planned space it would create dangerous traffic patterns as people
attempt to navigate the entrances to the community, the commercial property, and the already
existing water park, which routinely sees lines in the center lane that back up nearly to 39th
Ave.
Additionally, unlike buildings and roads, the open desert does not actively contribute to
soaring temperatures. In 2023 Phoenix experienced 31 days in a row of temperatures above
110 degrees Fahrenheit. Less than 10 days ago a record high of 118 beat the previous record
by 3 degrees. I see nothing in Lennar’s plan on how their proposed development would
contribute to the cooling of our city. Lennar also points out that the area in question is not
currently zoned as a flood plain, but with a wash that runs right through the middle of it, it
absolutely is a flood risk. There are currently several, large well-established trees and many
smaller mesquite and creosote growing on the land. Mesquite trees often have taproots 150-
200 feet deep and shallower roots that extend out through the soil beyond the canopy which
ranges from 30-50 feet. The vegetation that is already there is the reason why it currently is
not a flood risk. Removing that vegetation and replacing it with roads and sidewalks not only
would contribute to rising temperatures but would restrict the growth of native plants that
prevent flooding and retain excess runoff which is critical to the maintaining area’s water
table. 
Finally, water, the source of my primary concern with the rapid growth of the valley. I think it

is wonderful that the city is imposing water restrictions, however, since the state is already
facing a massive shortfall, the only way to ensure water security for current residents is to halt
all new construction until the drought and subsequent water woes are no longer concerns. It is
widely known that if you don’t have enough money to pay your bills, it isn’t wise to be buying
lattes and avocado toast, why then do we continue to recklessly allow corporations to waste
our resources when we already can not keep up with current demand? Continuing to approve
construction and attract businesses to Arizona is a recipe for environmental collapse. 
Lake Mead was at 1,074.10 feet as of noon on April 15, today it is at 1062.4 feet, which is a
drop of 11.7 feet or 22.7 billion gallons of water, and that is after major cutbacks on acquiring
water from the reservoir that also provides significant amounts of renewable energy to the
southwest. Cities like Queen Creek, Casa Grande and Buckeye are already facing water
shortages and are attempting to decimate further ecosystems by pumping water from other
locations in to provide for the homes they’ve already built. Water cuts are negatively affecting
farmers and threatening not only their livelihoods but all of ours. If we push out farming then
we drive up the cost of food because it has to be grown elsewhere and then transported before
arriving on our tables. Currently, the town of Queen Creek is attempting to render 485 acres of
farmable land along the Colorado River fallow to divert the water from the Colorado River to
meet the city’s needs. Not only is this a terrible environmental decision regarding the
decimation of farmable land, but it is also a back-door method of drawing more from a river
that already can’t support Phoenix’s urban sprawl. Wenden, a small agricultural community
west of Wickenburg has dropped 18 feet in elevation in the past 80 years, and is seeing as
much as a 3 inch drop each year due to over-pumping of groundwater. While restricting water
use for crops that don’t benefit local communities is a wonderful step, it doesn’t address the
long-term water needs of the people. Certainly, residential land uses less water than
agriculture. Those people still need to eat, and if we divert all of our resources to homes we
will have barren earth and empty houses where farms once stood. 
One acre-foot of water can typically supply ~3.5 homes per year, and the state has already
reduced 592,000 acre-feet of the Colorado River water supply. Again, in an environment
where we should be conserving, protecting, and reducing, corporate builders have been
allowed to run rampant. Within the next hundred years, the Phoenix Metro area will be short
water for 17 million homes. We are facing an immediate shortfall of water to nearly 170,000

homes, why on earth are we building more? Our water resources need to be more carefully
guarded, and that begins with the rejection of new homes and new corporate buildings. There
is no shortage of job opportunities in our state, in fact, the state website has 463 open positions
alone. Arizona does not have a job availability problem, it has a resource management
problem. Unless we want our civilization to go the way of the Hohokam, we all need to
collectively decide that water should be for keeping food local and supporting the long term
viability of the land. Non-local corporations have no place here, and the out-of-control sale of
state-land to developers needs to stop.
A suggestion for the parcels in question would be to return the space to the community,
arrange volunteers to plant more trees, and create dirt running/walking paths throughout the
space. This land must be left for public use to ensure the long-term health and well-being of
current residents. If there is a desire to add commercial opportunities to the space, take a page
out of Prescott’s book and create a GastroPark. The Yard, GastroPark on the corner of
Montezuma and Willis is a brilliant compromise between the desire to bring in more business
without detracting from the open space or wasting resources and money on building a complex
that will likely sit vacant more than it doesn’t. As is apparent with the shopping centers
located on 36th Ave and Pinnacle Peak and on 36th Ave and Happy Valley. The GastroPark
will offer food options to Water Park guests, minimize traffic impact, have a much lower
environmental footprint, and support small, local businesses currently relegated to Farmer’s
Markets. The conversion of this space to an open park with native plants would also offer
opportunities for a community garden, a permanent location for the Pinnacle Peak Farmer’s
Market, and would help reduce the heat and carbon emissions radiated by existing
infrastructure. More homes have no place here, the residents of the area have spoken and we
don’t want more homes, more businesses, or anything that comes with it. We want access to
safe open spaces that exist in harmony with the local and global environment, and that begins
with rejecting Lennar’s plans to build houses where open space should remain. 
Sincerely,
Teresa Sanders

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From:
Kimberly Lamb
To:
Matteo Moric; PDD Deer Valley VPC
Subject:
OPPOSITION TO LENNAR DEVELOPMENT ON 39TH AVE AND PINNACLE PEAK
Date:
Thursday, May 23, 2024 5:23:08 PM
Mr. Moric, 
I STRONGLY object to the Lennar Development project on 39th Ave and Pinnacle Peak. It
is incompatible to have single family homes in such close proximity to the Adobe Dam
Regional Park. Businesses and activities include: Wet n Wild Water Park, Adobe Mountain
Speedway, Go Kart Racing, Ball Fields, etc. It is the only park of its kind and important to
the Little Deer Valley community. Those recreational activities generate a great deal of
noise, bright lighting and dust that continue late into the night. Most of the activities happen
in the evening when the residences of this new community will be home. This will inevitably
generate complaints from the Lennar home owners who are quite literally RIGHT next door
and will ultimately result in curbing the activity and hours of operation in Adobe Dam
Regional Park. This would be the epitome of the cities POOR planning of placing
incompatible zoning uses side by side.
Also of note is the significant amount of accidents that already occur at 39th Ave and
Pinnacle Peak. Adding two more eggesses to the east and west out of the proposed Lennar
development and 400 potential new drivers into that area is absurd!
I also highly object to the commercial zoning being requested by Lennar Homes. We
already have excess commercial property at 39th Avenue and we do not need more at 41st
Avenue (that is 1⁄4 mile away). We definitely do NOT need commercial sites every quarter
mile.
Two grocery stores have already failed at the 39th site and the anchor tenant sat empty for
years until it was finally occupied by a Goodwill thrift store (a much lower rent occupant
than a grocery store). The other smaller commercial suites surrounding the Goodwill, have
also had difficulties finding and holding tenants. Overbuilt vacant commercial blight can be
seen all around Phoenix and we don’t need more of it here in our community!
Pinnacle Peak will never have the traffic pattern needed to support excessive commercial
or residential use. To the west, Pinnacle Peak Road turns south at 59th Avenue into a two
lane road and to the East, there are no significant population hubs, rather only light

industrial, before the road dead ends into the mountains.
On another note, Lennar built a community called Pinnacle Hills off of 55th Ave and
Pinnacle Peak. In May of 1999, the owners of those homes brought a class action lawsuit
against Lennar due to building on expansive soils and the extensive damage being done to
their homes. I find it ironic that they want to build in this community again and this time on a
FLOOD ZONE!! Don't you think that should be a red flag?? There is an earthen dam in this
area and by coincidence, this exact parcel of land has been deemed in a non-flood zone as
of 2018. Let's NOT let this same mistake happen again in our community!!
Please acknowledge receipt of this email and recognize that you have been elected by the
people of this district to represent us to the best of your ability and that does not include
putting money into Lennar's pocket.
-- 
Thank you,
Kimberly Lamb, Realtor
HomeSmart Elite Group
17215 N 72nd Dr. Bldg. B | Suite 115
Glendale | AZ | 85308

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From:
Erica Knipp
To:
Matteo Moric
Subject:
GPA-DV-1-24-1 and Z-28-24-1 Opposition
Date:
Thursday, May 23, 2024 11:42:21 AM
Hello,
 
This email is to inform our opposition to the land development proposed by Lenar Homes. 
 
One of the reasons we chose to move to our property was the implied safety of developments like
this not being built.  Between the developing on Happy Valley road and now this proposed
community the amount of traffic increase and population in general is unfavorable.
 
This specific land was zoned the way it is for a reason.  It’s recreational. These cookie cutter
developments trying to preach “affordable housing” is honestly just a joke.  It’s all about putting
money in someone’s pocket and its not the surrounding community. 
 
This is unfortunate and as a part of the community we feel undermined by the construction
preparation already taking place as if this project is going forward no matter the opinion of the
community.
 
I appreciate the opportunity to have an opinion on this .
 
Thank you,
Erica Knipp
 
Real Broker
m: 623.640.7533
e:  erica@valentinegroupaz.com
a:  8631 W Union Hills Dr Ste 203
     Peoria Az 85382
 
 
 
Agents: Learn about Real [sharran.lt.acemlnb.com]

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From:
KELSEY ARME
To:
Matteo Moric
Subject:
GPA-DV-1-24-1 and Z-28-24-1 Opposition
Date:
Wednesday, May 22, 2024 1:15:34 PM
To whom it may concern,
My husband Kyle Arme and myself Kelsey Arme are both residents in the Deer Valley district
and live at 5003 West Saguaro Park Lane in Glendale. We attended the Public Meeting on
5/21/24 at the Goelet A Beuf Community Center. We are writing to dispute and oppose both
of these companion cases. 
This new housing development proposed for the 80.31 acres, located on the southwest corner
of 36th Avenue and Pinnacle Peak road, will hurt the community and neighborhood in the
following ways:
1) Disrupt the compatibility of the current recreational spaces in the south side of Pinnacle
Peak Rd. 
2) Cause an even larger traffic concern to the main road for existing residents, and the
potential future.
3) Safety concerns for pedestrians and children in the area due to the increased traffic. 
4) Clog our school system in the area. As a mother of two elementary kids in the
neighborhood, all district schools are completely full, so the question arises, where will these
additional children for this proposed community attend? What could this mean for the current
children of the school district? 
5) Wildlife preservation will be impacted by this development. 
6) Flood Zoning for the proposed development is a high concern as this area does get impacted
by heavy rains. 
7) Noise complaints from future residents due to the recreational areas surrounding this
development. The future tenants will not fully understand the noise issues of this area, causing
a threat to the rec spaces getting shut down in the future due to their complaints that are sure to
come post move in.
Please consider the above negative implications this proposal could cause. That being said, I
do understand the housing crisis our city is experiencing, but this area simply will not and
should not be an area to rectify that problem. 
Thank you,
Kelsey Arme
602-614-5207
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1
Matteo Moric
Subject:
FW: Zone application Z-28-24
 
From: Chari reed <cmnreed@gmail.com>  
Sent: Tuesday, May 21, 2024 1:36 PM 
To: PDD Zoning Adjustment <zoning.adjustment@phoenix.gov> 
Subject: Zone application Z‐28‐24 
 
Good afternoon City Council Members, Please explain why a housing development is planned for an area behind the flood control(Adobe) dam in an area reserved for Regional parks & Recreation.    We have lived in this area for almost 30 years  
ZjQcmQRYFpfptBannerStart 
 
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ZjQcmQRYFpfptBannerEnd 
Good afternoon City Council Members, 
 
Please explain why a housing development is planned for an area behind the flood control(Adobe) dam in an area 
reserved for Regional parks & Recreation.   
 
We have lived in this area for almost 30 years and love the area.  It doesn't need another commercial building or 600 
houses.  Pinnacle Peak is congested enough and the schools are overcrowded.  There are limited ways out of this area if 
an emergency would occur and add another 1000 people with cars is irresponsible.  Please deny this request for 
rezoning.   
 
Thank you, 
 
Chari & Wain Reed