Attachment B - Staff Report - PHO-1-23--Z-73-01-6(8).pdf

Staff Report: PHO-1-23--Z-73-01-6(8)
*REVISED February 1, 2024
APPLICATION #: 
PHO-1-23--Z-73-01-6(8) 
LOCATION: 
Southwest corner of 32nd Street and Baseline Road 
EXISTING ZONING: 
MUA BAOD 
ACREAGE: 
3.64 
REQUEST: 
1) Request to modify Stipulation 1.a regarding general
conformance with the site plan dated August 27, 2001.
2) Request to delete Stipulation 1.b regarding landscape
strips.
3) Request to delete Stipulation 1.d regarding creation of a
Homeowners Association.
4) Request to delete Stipulation 1.e regarding Planning
Hearing Officer review of gated entry design.
5) Request to delete Stipulation 1.g regarding alternative
paving materials for parking stalls.
APPLICANT: 
Tim Rasnake, Archicon LC 
OWNER: 
Zanbour, LLC 
REPRESENTATIVE: 
Tim Rasnake, Archicon LC 
STAFF RECOMMENDATION: 
Approval with a modification and additional stipulations, as recommended by the 
Planning Hearing Officer (PHO). 
Attachment B

Staff Report PHO-1-23—Z-73-01-6(8) 
February 1, 2024 Planning Commission 
Page 2 of 11 
PLANNING HEARING OFFICER RECOMMENDATION 
On November 15, 2023, the Planning Hearing Officer recommended a continuance to 
the December 20, 2023 PHO Hearing. The Planning Hearing Officer heard the request 
on December 20, 2023 and recommended approval with a modification and additional 
stipulations. 
VILLAGE PLANNING COMMITTEE RECOMMENDATION 
The South Mountain Village Planning Committee (VPC) reviewed the request on August 
8, 2023. The VPC recommended a continuance with direction by a vote of 10-0. The 
VPC reviewed the continued request on November 14, 2023 and recommended 
approval with modifications and additional stipulations by a vote of 14-0. 
BACKGROUND/ANALYSIS 
The subject site consists of 3.64 gross acres located at the southwest corner of 32nd 
Street and Baseline Road and is zoned MUA BAOD (Mixed Use Agricultural District, 
Baseline Area Overlay District). A commercial development, consisting of a drive-
through coffee shop, is proposed on the site. 
The applicant is requesting the following modifications: 
•
Modification of Stipulation 1.a. regarding general conformance with the site plan
dated August 27, 2001. The modification would require the open space between
buildings for public use to count towards the open space requirements. The
applicant’s narrative (Exhibit B) notes that a pedestrian link to the west of the
development is not possible as there is no easement to gain access to residential
street right-of-way. The adjacent site to the west is developed with a single-family
residential subdivision and the single-family lots back up to the subject site.
•
Deletion of Stipulation 1.b. regarding landscape strips. The applicant’s narrative
(Exhibit B) notes there is no residential development proposed.
•
Deletion of Stipulation 1.d regarding creation of a Homeowners Association. The
narrative (Exhibit B) notes there is no residential development proposed.
•
Deletion of Stipulation 1.e regarding Planning Hearing Officer review of gated
entry design. The narrative (Exhibit B) notes there is no residential development
proposed.
•
Deletion of Stipulation 1.g regarding alternative paving materials for parking
stalls. The applicant’s narrative (Exhibit B) notes that alternate pavement material
parking spaces are not practical.

Staff Report PHO-1-23—Z-73-01-6(8) 
February 1, 2024 Planning Commission  
Page 3 of 11 
 
 
On December 21, 2023 the PHO recommendation was appealed by a community 
member, Trent Marchuk (Exhibit A). The appellant requested that: 
 
• Stipulations 6-13, recommended at the November 14th VPC meeting (Exhibit H), 
be reinstated. Precedence exists for making specific presumptions listed in 
Section 649 of the Zoning Ordinance as stipulated requirements. If stipulation 
language must be altered, it shall retain the intention of preserving the aesthetics 
and character of the MUA District.  
 
• Stipulation 14 be reinstated to require the owner to maintain all landscaping. 
 
• Stipulation 15 be reinstated to promote walkability and neighborhood cohesion. 
 
• Stipulation 17 be reinstated as it is considered a pedestrian safety measure in 
connection to Stipulation 15. 
 
PREVIOUS HISTORY 
 
On October 31, 2001, the Phoenix City Council approved Rezoning Case No. Z-73-01-
8, a request to rezone approximately 30.2 acres located on the southeast corner of 
32nd Street and Baseline Road (Exhibit E). The request was to rezone 30.2 acres from 
S-1 BAOD (Ranch or Farm Residence, Baseline Area Overlay District) to MUA BAOD 
(Mixed Use Agricultural District, Baseline Area Overlay District) (Exhibit F), subject to 
stipulations (Exhibit E). 
 
The proposed development was intended to provide a mix of single-family residential, 
retail, restaurant, office, and commercial space. Per the proposed conceptual site plan 
(Exhibit K), the minimum building setbacks for the site were 50 feet along Baseline 
Road, 20 feet (single-family residential) and 30 feet (commercial) along the east side of 
the development, and 20 feet (single-family residential) along the south side of the 
development. The landscape setback for the site was 30 feet along 32nd Street. The 
proposed maximum number of dwelling units was 41. The proposed maximum building 
height was 30 feet. Proposed design guidelines included requirements for agricultural 
design, common open space, pedestrian focused walkways, bike paths, and horse 
trails. The project design was intended to be consistent with the goals in the Baseline 
Area Master Plan. 
 
NEIGHBORHOOD CONCERNS 
 
Public Correspondence 
• No public correspondence was received for this case.

Staff Report PHO-1-23—Z-73-01-6(8) 
February 1, 2024 Planning Commission  
Page 4 of 11 
 
GENERAL PLAN LAND USE MAP DESIGNATION 
 
Mixed Use Agricultural 
 
CHARACTER OF SURROUNDING LAND USE 
 
 
   
Zoning 
 
Land Use    
  
On-site: 
 
MUA BAOD 
 
Vacant land 
 
 
North: 
 
R1-14 and R-3 BAOD 
Vacant land 
(Across Baseline Road) 
R-3 BAOD 
 
Multifamily Residential 
(Condominiums) 
 
 
East:  
 
MUA BAOD 
 
Vacant land and  
(Across 32nd Street) 
 
 
residential subdivision 
 
 
 
 
open space 
 
 
Southeast: 
 
MUA BAOD 
 
Single-Family Residential 
(Across 32nd Street) 
 
 
 
 
 
 
South: 
(Adjacent) 
 
MUA BOAD 
 
Vacant land (proposed 
 
 
 
 
single-family residential 
 
 
 
 
subdivision) 
 
West: 
 
R1-10 BAOD 
 
Single-Family Residential 
(Adjacent) 
 
PLANNING HEARING OFFICER FINDINGS 
 
1) The request for modification of Stipulation 1.A regarding general conformance to 
a conceptual site plan is recommended to be approved.  The request for review 
and approval of conceptual site plan per Stipulation 1 has been complied with 
and text was eliminated that pertained to the previously approved plan.  The 
recommendation is therefore to approve the plan and modify the existing 
Stipulation 1 to replace the existing language with a standard language general 
conformance stipulation to the site plan.    
 
Furthermore, pedestrian connection and site walkability will be ensured through 
the Site Plan approval process.  The proposed stipulated plan shows the 
provision of open space, with a sidewalk between the buildings.

Staff Report PHO-1-23—Z-73-01-6(8) 
February 1, 2024 Planning Commission 
Page 5 of 11 
2) The request to delete the language in Stipulation 1.B is approved. This stipulation
is not pertinent to the new design as there is no residential development
proposed.
3) The request to delete Stipulation 1.d regarding creation of a Homeowners
Association is approved. There is not residential development.
4) The request Request to delete Stipulation 1.e regarding Planning Hearing Officer
review of gated entry design is approved.  This is not a residential development
and there will be no gated entry.
5) The request to delete Stipulation 1.g regarding alternative paving materials for
parking stall is approved as it was written.  The original stipulation will be
replaced with the stipulation regarding alternative materials that was
recommended by the South Mountain Village Planning Committee.
Village Recommended Stipulations 
1) The South Mountain VPC recommended 17 stipulations at the November 14th
hearing. Seven of the stipulations were recommended to be added at this
hearing. The ones that were omitted were either part of the existing Zoning
Ordinance requirements for the MUA zoning district or were not candidates for
stipulation based on the passive nature of the language therein. In addition, the
vague nature of the design-based stipulations made them contradictory to the
existing language in the Zoning Ordinance. The findings for the recommended
stipulations are below.
2) The request for a minimum of 10 percent of the required parking spaces shall be
level 2 or greater EV ready is approved.  This request is clear and does not
contradict other stipulations or the Zoning Ordinance.
3) The request for a minimum five bicycle spaces is approved.  The following details
are clear and do not contradict other stipulations or the Zoning Ordinance.
4) The request for the surface of parking stalls shall be composed of an alternative
to asphalt or concrete has been implemented by modifying the existing
Stipulation 1.g.
5) The request that the landscaping shall be limited to the Sonoran Plant List with
the addition of Cercidium Hybrid (Desert Museum Palo Verde), Quercus
Virginiana (Live Oak), and Pistacia X 'Red-Push (Red Push Pistache) has been
approved.

Staff Report PHO-1-23—Z-73-01-6(8) 
February 1, 2024 Planning Commission 
Page 6 of 11 
6) The request for pedestrian access to be provided to the development to the
south is approved.  The developer has agreed to work with the residential
developer to the south to provide access.
Additional Stipulations 
7) The site is identified as archaeologically sensitive and three additional
stipulations are recommended to be included to address requirements for
archaeological survey and testing.
8) The applicant did not submit a Proposition 207 waiver of claims prior to the
Planning Hearing Officer hearing. Submittal of this form is an application
requirement.  An additional stipulation is recommended to require the applicant to
record this form and deliver it to the City to be included in the rezoning
application file for record.
PLANNING HEARING OFFICER RECOMMENDED STIPULATIONS 
1. 
Site Planning: 
a. That The development shall be in general conformance with the site 
plan dated STAMPED OCTOBER 6, 2023 August 27, 2001, AS 
APPROVED OR MODIFIED BY THE FOLLOWING STIPULATIONS 
AND APPROVED BY THE PLANNING AND DEVELOPMENT 
DEPARTMENT. with specific regard to areas to be counted towards 
approximation of the 50% open space requirements in the MUA as 
may be approved by DSD, and represented by: 
•
1
A circular open space tract in the residential area. 
• 
Linear pedestrian tracts in the east and south connecting to 
adjacent properties. 
• 
A pedestrian link from the residential to the commercial 
areas in the north and crossing 32nd Street. 
b. Landscaped-tree lined strips that run along both sides of all local 
streets in the residential area. This landscaped strip shall include a 
meandering sidewalk as shown on the site plan. 
c. 
b. 
That the height for commercial buildings be limited to one story along 
Baseline Road, as specified on the site plan. 
d. That a Homeowners Association (HOA) be created to maintain all 
areas specified in 1.a.

Staff Report PHO-1-23—Z-73-01-6(8) 
February 1, 2024 Planning Commission 
Page 7 of 11 
e. That a design for the gated entry for the residential area shall be 
provided to the PHO for review prior to Preliminary Site Plan approval. 
f. 
c. 
That solid walls be allowed on the interior perimeter walls (east and 
south) not the walls along 32nd Street or Baseline Road. These solid 
walls must incorporate controlled gates where they intersect the linear 
pedestrian tracts in the east and south that connect to adjacent 
properties so pedestrian connections with future adjacent 
developments is allowed. 
g. 
d. 
THE SURFACE OF PARKING STALLS SHALL BE COMPOSED OF 
AN ALTERNATIVE TO ASPHALT OR CONCRETE, AS APPROVED 
BY THE PLANNING AND DEVELOPMENT DEPARTMENT. That 81 
parking stalls between the residential and commercial use shall be 
built with an alternative paving material. 
e. A MINIMUM OF 10% OF THE REQUIRED PARKING SPACES 
SHALL BE LEVEL 2 OR GREATER EV READY. 
f. 
A MINIMUM FIVE BICYCLE SPACES SHALL BE PROVIDED 
CONSISTING OF INVERTED U AND/OR ARTISTIC RACKS 
LOCATED NEAR THE BUILDING ENTRANCES OR IN A SECURE 
LOCATION INSIDE THE BUILDING AND INSTALLED PER THE 
REQUIREMENTS OF SECTION 1307.H., AS APPROVED BY THE 
PLANNING AND DEVELOPMENT DEPARTMENT. 
g. THE LANDSCAPING SHALL BE LIMITED TO THE SONORAN 
PLANT LIST WITH THE ADDITION OF CERCIDIUM HYBRID 
(DESERT MUSEUM PALO VERDE), QUERCUS VIRGINIANA (LIVE 
OAK), AND PISTACIA X 'RED-PUSH (RED PUSH PISTACHE). 
h. ACCESS TO THE PROJECT TO THE SOUTH SHALL BE 
REQUIRED SUBJECT TO ADA STANDARDS 
2. 
Building Design: 
2.1 Commercial Buildings 
a. That the applicant shall submit detailed elevations of the commercial 
buildings detailing the open areas between the buildings. These 
connections shall be made through “transparent” type of architectural 
elements working as shading devices. These elements may include 
arcades, ramadas, isolated-decorative walls, columns, and other 
elements that help define and support a shaded pedestrian

Staff Report PHO-1-23—Z-73-01-6(8) 
February 1, 2024 Planning Commission 
Page 8 of 11 
environment but allow the flow of vistas. This information shall be 
submitted for review to the Planning Hearing Officer at the time of 
Preliminary Site Plan approval. 
2.2 Residential Buildings 
a. That only one-story houses shall be built on the south property line 
and 30% of overall units shall be at one story. 
b. The floor plans shall be consistent with the elevations that reflect a 
rural design based on the “Tuscan Architecture” style illustrated by the 
applicant. 
3. 
Streets and rights-of-way: 
a. That a right-of-way totaling 60 feet shall be dedicated for the south half 
of Baseline Road. 
b. That right-of-way for 32nd Street realignment shall be dedicated as 
per plans approved by the City of Phoenix. The future intersection for 
32nd Street at Baseline Road shall be flared to the minimum extent 
necessary and tapered in the shortest reasonable distance to function 
with the existing improvements on the north side of Baseline and with 
the future 40 foot of pavement within the 60 foot of right-of-way 
planned for 32nd Street on the south side of Baseline Road. Additional 
improvements may be required to accommodate left turn access to the 
proposed driveways. 
c. 
That a 21 foot by 21 foot right-of-way triangle shall be dedicated at the 
southeast and southwest corners of 32nd Street and Baseline Road. 
d. That sufficient right-of-way shall be dedicated to accommodate a bus 
bay (Detail P-1256) on Baseline Road east of 32nd Street (new 
alignment). 
e. That rights-of-way dedications and street alignments for local streets 
within the subdivision will be determined by DSD at the time of 
Preliminary Subdivision Plat Review. 
f. 
That 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 city. All improvements shall comply with all 
ADA accessibility standards.

Staff Report PHO-1-23—Z-73-01-6(8) 
February 1, 2024 Planning Commission 
Page 9 of 11 
g. The applicant shall complete and submit the Developer Project 
Information form for the MAG Transportation Improvement Program to 
the Street Transportation Department (602-262-6193). This form is a 
requirement of the EPA to meet clean air quality requirements. 
h. That sufficient right-of-way must be provided for an underground 
tunnel crossing Baseline Road running on the west side of the 32nd 
Street (realignment) as may be approved by the Parks, Recreation 
and Library Department and Street Transportation Department. This 
right-of-way should be approximately 100 feet by 50 feet from the 
right-of-way of Baseline Road at the southwest corner of Baseline 
Road and 32nd Street realignment. 
4. 
ARCHAEOLOGY: 
a. IF DETERMINED NECESSARY BY THE PHOENIX ARCHAEOLOGY 
OFFICE, THE APPLICANT SHALL CONDUCT PHASE I DATA 
TESTING AND SUBMIT AN ARCHAEOLOGICAL SURVEY REPORT 
OF THE DEVELOPMENT AREA FOR REVIEW AND APPROVAL BY 
THE CITY ARCHAEOLOGIST PRIOR TO CLEARING AND 
GRUBBING, LANDSCAPE SALVAGE, AND/OR GRADING 
APPROVAL. 
b. IF PHASE I DATA TESTING IS REQUIRED, AND IF, UPON REVIEW 
OF THE RESULTS FROM THE PHASE I DATA TESTING, THE CITY 
ARCHAEOLOGIST, IN CONSULTATION WITH A QUALIFIED 
ARCHAEOLOGIST, DETERMINES SUCH DATA RECOVERY 
EXCAVATIONS ARE NECESSARY, THE APPLICANT SHALL 
CONDUCT PHASE II ARCHAEOLOGICAL DATA RECOVERY 
EXCAVATIONS. 
c. 
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. 
4. 
5. 
Trails: 
a. A 30-FOOT-WIDE MULTI-USE TRAIL EASEMENT (MUTE) SHALL 
BE DEDICATED ALONG THE SOUTH SIDE OF BASELINE ROAD 
AND THE WEST SIDE OF 32ND STREET AND A MINIMUM 10-

Staff Report PHO-1-23—Z-73-01-6(8) 
February 1, 2024 Planning Commission 
Page 10 of 11 
FOOT-WIDE MULTI-USE TRAIL (MUT) SHALL BE CONSTRUCTED 
WITHIN THE EASEMENT IN ACCORDANCE WITH THE MAG 
SUPPLEMENTAL DETAIL AND AS APPROVED OR MODIFIED BY 
THE PLANNING AND DEVELOPMENT DEPARTMENT. 
That a 25 foot easement shall be provided on the west side of 32nd 
Street and along Baseline Road to incorporate a multi-use trail as 
indicated on the South Mountain Village/Laveen Village Trail System 
map. Plans must be submitted to the Parks, Recreation and Library 
Department for final approval. 
b. That the developer shall provide an alternative paving material where 
the entrance driveway crosses the equestrian trail. The alternative 
paving material shall be as wide as the equestrian trail and must be 
used across the entire width of the street or driveway. The alternate 
paving material and the material used at the street/trail interface shall 
be acceptable to the Parks, Recreation and Library Department and 
Street Transportation Department. 
5. 
6. 
Other issues: 
a. That upon approval of this request by City Council, the South 
Mountain Village Planning Committee will be notified of any 
subsequent modifications and/or deletions of stipulations and/or 
variances. 
b. PRIOR TO PRELIMINARY SITE PLAN APPROVAL, THE 
LANDOWNER SHALL EXECUTE A PROPOSITION 207 WAIVER OF 
CLAIMS IN A FORM APPROVED BY THE CITY ATTORNEY'S 
OFFICE.  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. 
b. 
c. 
That the development shall commence construction within 24 months 
of the rezoning request approval by City Council. 
Exhibits: 
A- Appeal Document (5 pages)
B- Applicant’s Narrative date stamped October 6, 2023 (3 pages)
C- Aerial Map (1 page)
D- Zoning Map (1 Page)
E- Approval Letter from Rezoning Case No. Z-73-01-8 (3 pages)
F- Sketch Map from Rezoning Case No. Z-73-01-8 (1 page)
G- South Mountain VPC Summary from August 8, 2023 (4 pages)

Staff Report PHO-1-23—Z-73-01-6(8) 
February 1, 2024 Planning Commission 
Page 11 of 11 
H- South Mountain VPC Summary from November 14, 2023 (9 pages)
I- PHO Summary for PHO-1-23—Z-73-01-6(8) from August 16, 2023 (5 pages)
J- PHO Summary for PHO-1-23—Z-73-01-6(8) from December 20, 2023 (10 
pages)
K- Stipulated Site Plan dated August 27, 2001 (1 page)
L- Proposed Site Plan date stamped October 6, 2023 (1 page)

EXHIBIT A

(;+,%,7%

A R C H I C O N A R C H I T E C T U R E 
& I N T E R I O R S , L . C . 
 
5 0 5 5 E W A S H I N G T O N S T . S U I T E 2 0 0 P H O E N I X A Z , 8 5 0 3 4 
P H O N E ( 6 0 2 ) 2 2 2 - 4 2 6 6  F A X ( 6 0 2 ) 2 7 9 - 4 3 0 5 
 
PROJECT NARRATIVE 
PHO 1.23.Z.73.01.6(8) 
 
Retail Development 
S.W.C. of S. 32nd Street and E. Baseline Road 
Phoenix, AZ 85042 
 
 
The proposed project consists of two new ground-up buildings. 
 
Pad A will be a professional office building, 5,250 sf., and 32 parking spaces. 
 
Pad B will be a restaurant (Starbucks) with a drive-through service, 2460 sf, 500 sf patio, and 26 
parking spaces.  
 
Both buildings will be single story with a maximum building height of 28 feet. 
 
The existing parcel number is 301-23-119B. 
 
The site is currently zoned MUA, Mixed-use Agricultural. 
 
The proposed uses for this site will be Permitted Primary Uses for this zoning. 
   
The site will be accessed from two new 30 foot wide driveways, one from Baseline Road, and 
one from S. 32nd Street. 
 
A 20 foot wide fire lane will cross the property with access from Baseline Road and S. 32nd 
Street.   
 
An multi-use path will run parallel to and south of Baseline Road from the west side of the 
property to S. 32nd Street.  The path will continue parallel to and west of S. 32nd Street from 
Baseline Road to the southeast corner of the site.   
 
Pedestrian access will be provided to the site from existing sidewalks along both Baseline Road 
and S. 32nd Street.

EXHIBIT C

32ND ST
32ND ST
BASELINE RD
BASELINE RD
Maricopa County Assessor's Office
Planning & Development Department
PHO-1-23--Z-73-01-6(8)
Property Location: Southwest corner of 32nd Street and Baseline Road
0
100
200
50
Feet ´

EXHIBIT D

32ND ST
32ND ST
BASELINE RD
BASELINE RD
R1-14
R1-14
R-3*
R-3*
R1-10*
R1-10*
MUA*
MUA*
R1-14
R1-14
C-1*
C-1*
Maricopa County Assessor's Office
Planning & Development Department
PHO-1-23--Z-73-01-6(8)
Property Location: Southwest corner of 32nd Street and Baseline Road
0
100
200
50
Feet ´

EXHIBIT E

Mod
Del
Del
Del

Del

EXHIBIT F

EXHIBIT G

Village Planning Committee Meeting Summary 
PHO-1-23--Z-73-01-6(8) 
 
Date of VPC Meeting 
August 8, 2023 
Request 
1) Request to modify Stipulation 1.a regarding general 
conformance with the site plan date stamped 
August 27, 2001. 
 
2) Request to delete stipulation numbers 1.b regarding 
landscape strips. 
 
3) Request to delete stipulation 1.d regarding the 
creation of a Homeowners Association. 
 
4) Request to delete stipulation 1. e Planning Hearing 
Officer review of a gated entry design 
 
5) Request to delete stipulation 1.g regarding 
alternative paving materials for parking stalls.\ 
 
VPC Recommendation 
Continued with direction 
VPC Vote 
9-1 
 
 
VPC DISCUSSION & RECOMMENDED STIPULATIONS: 
 
No members of the public registered to speak on this item.  
 
STAFF PRESENTATION 
 
Samuel Rogers, staff, explained the process of a Planning Hearing Officer (PHO) case 
and provided a presentation regarding the subject site location, surrounding zoning and 
land uses, the original rezoning case, the request, and next steps.   
 
APPLICANT PRESENTATION 
 
John Duensing, representing the applicant Archicon Architecture & Interiors, L.C., 
presented the site context and history, the original rezoning case, the request, the 
conceptual site plan, and the conceptual renderings.   
 
QUESTIONS FROM THE COMMITTEE

Committee Member Marcia Busching asked if the applicant had a lease agreement 
with Starbucks. Mr. Duensing explained that the applicant had a letter of intent from 
Starbucks. Committee Member Busching stated that there are two other Starbucks 
locations nearby. Chair Tamala Daniels stated that there is a Dunkin Donuts and a 
Human Bean coffee shop in the area. 
 
Committee Member Fred Daniels asked how drainage retention will be addressed. 
Mr. Duensing stated that a drainage study is required and stated that most of the water 
would likely be collected and remain on site.  
 
Committee Member Trent Marchuk asked about existing and proposed fencing and 
the fencing materials. Mr. Duensing confirmed that there is existing fencing to the west, 
stated that fencing is proposed around the parking areas and the menu boards, and 
stated that fencing will be concrete block.  
 
Committee Member George Brooks asked what would happen if water cannot be 
retained on site, stated concerns about traffic coming and going from the site, and 
asked about the garden to the south that was proposed in the original rezoning case. 
Mr. Duensing stated that the drainage study will be reviewed by the City of Phoenix 
and the developer would work with City of Phoenix if water cannot be retained on site, 
explained that a traffic study would be completed and the drive through provides many 
stacking spaces, and explained that the property to the south is not owned by the 
developer but the developer is willing to work with the property owner to the south.  
 
Committee Member Gene Holmerud stated that he could see east bound traffic along 
Baseline Road using the Baseline entrance and driving around Pad A to reach Pad B. 
Mr. Duensing agreed with Committee Member Holmerud and stated that the 
development had mimicked the egress and ingress locations of the site plan associated 
with the original rezoning.  
 
Committee Member Greg Brownell stated concerns about eastbound traffic along 
Baseline caused by individuals turning into the subject site and stated he would like 
feedback from traffic police regarding the traffic study. Mr. Duensing stated that he is 
not sure if police will review the traffic study, but they do review the site plan and stated 
that there are not often deceleration lanes along Baseline Road.  
 
Committee Member Fatima Muhammad Roque stated concerns about the site’s 
proximity to the Desert Marigold School and the Farm at South Mountain and the 
danger of increased traffic for children. Mr. Duensing stated he was not sure if the 
school and the Farm were captured in the traffic study, but he would pass the concerns 
on to the development team.  
 
Committee Member Marchuk stated the importance of the Mixed-Use Agricultural 
(MUA) zone and requested that building materials, roof structures, and window aspects 
that fit into the MUA district be used in the building designs. Mr. Duensing explained

that the development team had not gone through the design process yet and explained 
that on previous projects with Starbucks he had some freedom with the building design.  
 
Committee Member Brooks asked what was being decided on and asked if the Village 
Planning Committee would hear this project again. Chair Daniels explained that 
stipulations from the original rezoning case were requested to be removed. Mr. Rogers 
explained that the case could be heard again if it is continued and explained what could 
be changed as a part of the PHO process.  
 
Committee Member Brooks stated that the entire project could change. Mr. Duensing 
stated that the next step would be to pursue building permits and asked if staff if the 
case would come back for the drive through Use Permit. Mr. Rogers explained that Use 
Permits are not heard by the Village Planning Committee.  
 
Chair Daniels stated that the proposal does not show how the site will comply with 
architectural details required by the MUA district and explained the site’s development 
plan history that included a mixed-use development and a garden that would supply sit-
down restaurants. Chair Daniels stated that this proposal does not give a full picture of 
the proposal without the traffic study, open space, building elevations that match the 
MUA district, provisions for walkability, and maintenance of landscaping. Chair Daniels 
stated she is confused why Starbucks would open a location so near other coffee 
shops. Chair Daniels stated that the development team should come back with an 
architectural and landscape plan, a traffic study, and a plan for landscape maintenance.  
 
Committee Member Kay Shepard asked about a sign posting. Mr. Duensing 
explained that his team had not posted a sign but there is a subdivision coming in 
nearby. Mr. Rogers explained that a sign posting is not required as a part of the PHO 
process.  
 
Chair Daniels asked if there had been any meetings with the surround community. Mr. 
Duensing stated that there had not been any public meetings. Mr. Rogers clarified the 
PHO process.  
 
FLOOR/PUBLIC DISCUSSION CLOSED: MOTION, DISCUSSION, AND VOTE 
 
MOTION 
Committee Member Brooks made a motion to recommend a continuance of PHO-1-
23--Z-73-01-6(8). Committee Member Holmerud seconded the motion.  
 
Committee Member Busching stated that it is not wise to continue the case because 
the PHO may make a decision without the Village planning Committee’s input and 
stated that the committee should approve the case with additional stipulations. Chair 
Daniels stated that the proposal does not show enough information on the architectural 
plans, landscape plans, or a traffic study. Committee Member Brooks stated that they 
are talking about traffic accidents and millions of dollars and stated that there are no 
guarantees about what the site will look like.

Committee Member Busching stated she is open to a continuance if the applicant is 
open to committing to a continuance at the PHO hearing and asked if the applicant 
would commit to a continuance. Mr. Duensing agreed to come back to the VPC with 
another presentation.  
 
Committee Member Marchuk asked if the applicant can request a continuance at the 
PHO hearing. Mr. Rogers explained that an applicant can request a continuance at the 
PHO hearing.  
 
Committee Member Shepard asked if there is fee associated with a PHO continuance 
request. Mr. Rogers confirmed that there is a $830 fee when an applicant requests a 
continuance at the PHO hearing. Chair Daniels asked if the continuance fee can be 
waived, explained the committee’s responsibility to represent the community and ensure 
that the committee is not approving projects based on promises from the development 
team that may or may not come true, stated that the committee needs plans to stipulate 
conformance too, and stated that the committee would request the continuance fee to 
be waived. Mr. Duensing stated that he has no objection to coming back and 
presenting to the committee again.  
 
Committee Member Brooks withdrew the motion. 
 
Motion 
Committee Member Busching made a motion to recommend a continuance of PHO-1-
23--Z-73-01-6(8) with direction to the applicant to return to the Village Planning 
Committee with information regarding design, landscaping, wall and fences, traffic, and 
water retention. Committee Member Brooks seconded the motion.   
 
VOTE 
9-1, a motion to recommend a continuance of PHO-1-23--Z-73-01-6(8) with direction to 
the applicant to return to the Village Planning Committee with information regarding 
design, landscaping, wall and fences, traffic, and water retention passed with 
Committee Members Brooks, Brownell, Busching, F. Daniels, Holmerud, Marchuk, 
Roque, Shepard, and T. Daniels in favor and Committee Member Aldama opposed.  
 
Committee Member Edward Aldama explained he voted against the recommendation 
to continue the case because the request was to remove stipulations regarding a 
residential development.  
 
 
STAFF COMMENTS REGARDING VPC RECOMMENDATION: 
 
None

EXHIBIT H

Village Planning Committee Meeting Summary 
PHO-1-23--Z-73-01-6(8) 
 
Date of VPC Meeting 
November 14, 2023 
Request 
1) Request to modify Stipulation 1.a regarding general 
conformance with the site plan date stamped 
August 27, 2001. 
 
2) Request to delete stipulation numbers 1.b regarding 
landscape strips. 
 
3) Request to delete stipulation 1.d regarding the 
creation of a Homeowners Association. 
 
4) Request to delete stipulation 1. e Planning Hearing 
Officer review of a gated entry design 
 
5) Request to delete stipulation 1.g regarding 
alternative paving materials for parking stalls. 
 
VPC Recommendation 
Approval with modifications and additional stipulations 
VPC Vote 
14-0 
 
 
VPC DISCUSSION & RECOMMENDED STIPULATIONS: 
 
No members of the public registered to speak on this item.  
 
STAFF BACKGROUND PRESENTATION 
 
Samuel Rogers, staff, provided a presentation highlighting the request, subject site, 
surrounding area, the original 2001 rezoning case and stipulations, the request, and 
design requirements in the Mixed Use Agricultural (MUA) zoning district.  
 
Committee Member Greg Brownell asked what landscaping is requested to be 
eliminated. Mr. Rogers explained that the requirement for landscaped tree line strips 
along local streets in the residential area is proposed to be eliminated because there is 
no residential component as a part of the proposed development. Committee Member 
Marcia Busching asked if the stipulation could be modified to eliminate the reference to 
the residential area and still require landscaped tree line strips along local streets. Mr. 
Rogers confirmed that the stipulation could be modified.

Committee Member Emma Viera asked how the proposal aligns with the General 
Plan’s five Core Values, with specific regard to the “Build the Sustainable Desert City 
core value. Mr. Rogers explained that village planning staff does not analyze PHO 
requests and stated that the applicant should be able to speak to Committee Member 
Viera’s inquiry. 
 
Chair Tamala Daniels asked if this was a rezoning because there was already an 
approved plan and explained that the committee had asked to applicant to come back to 
present to the committee to provide more information and details base on the previously 
approved plan. Mr. Rogers explained any analysis would be done by the Zoning Team, 
who run PHO cases, and stated that the proposed uses are already allowed by right in 
the MUA zoning district and the request is to modify or remove stipulations of the 
original rezoning case.  
 
Committee Member Trent Marchuk asked about the slides in the staff presentation on 
the MUA zoning district design requirements and asked if it is staff’s commentary that 
the elevations meet those requirements. Mr. Rogers explained that he provided those 
design requirements in the slide deck at the request of Chair Daniels and stated that 
site review staff will evaluate the proposal for compliance with the design requirements. 
Committee Member Marchuk asked about stipulating the presumptions that the 
committee wants to ensure are applied to the project. Mr. Rogers explained that the 
committee can elevate presumptions to requirements by stipulating them.  
 
Committee Member George Brooks stated he is looking forward to the applicant 
presentation to see how the proposal aligns with the General Plan’s Core Values 
 
APPLICANT PRESENTATION 
 
Mitchell Mastrin, with Archicon Architecture & Interiors, L.C., provided a presentation 
on the subject site context, history of subject site, the site plan, the request, the 
conceptual landscape plan, the conceptual elevations, and the conceptual renderings.  
 
QUESTIONS FROM THE COMMITTEE 
 
Committee Member Brownell stated that not all the stipulations being modified or 
removed are regarding residential development and explained that the stipulation 
requiring alternative paving materials in the parking area is proposed to be removed. 
Mr. Mastrin explained that the development is proposing an asphalt parking area. 
Committee Member Brownell explained that an asphalt parking lot is not desired, stated 
he would like to see a permeable parking surface, and stated that the plans do not show 
a percentage of shade proposed. Mr. Mastrin explained he was not requested to have 
the percentage of shade and pointed out the location of the proposed landscaping. 
Committee Member Brownell stated that temperatures in South Phoenix have gone up 
due to the loss of vegetation and the urban heat island effect and explained he would 
like the development to do what it can to make the proposed development cooler 
temperature wise. Mr. Mastrin pointed out the proposed planting materials as shown on

the landscape plan. Committee Member Viera stated that the City of Phoenix has a list 
of trees that are heat and drought resistant. Committee Member Kay Shepard stated 
that the MUA zoning district has its own list of allowed plant materials. Committee 
Member Brownell stated that some of the allowed drought resistant trees do not provide 
much shade. Chair Daniels asked what should be stipulated to limit the allowed plant 
materials. Committee Member Marchuk stated that the MUA district has a 
presumption that states planting materials should be limited to the Sonoran Plant List.  
 
Chair Daniels asked the applicant to speak on the items the committee had asked the 
applicant to address at the last meeting. Mr. Mastrin presented 3D renderings and 
explained how the design had been altered to comply with MUA design requirements. 
Chair Daniels asked if outdoor seating is proposed and asked about the design out of 
the office building. Mr. Mastrin pointed out the location of 800 square feet of outdoor 
seating and explained that the office building had not yet been designed, stated the 
office building would match the style of the proposed coffee shop illustrated in the 3D 
renderings, and explained that he would like to see the office building become an urgent 
care. Mr. Mastrin explained that the Rick Engineering drainage letter shows that there 
will not be issues with water retention and detention.  
 
Committee Member Busching explained that there is no direct route from the 
crosswalks at the corner of Baseline Road and 32nd Street to the proposed structures 
and stated there should be a pedestrian path at the northeast corner of the site to cross 
the landscape area. Mr. Mastrin stated they would likely want to bring a walkway 
further south than the northeast corner to avoid having a pedestrian pathway cross a 
drive isle. Committee Member Busching stated that the pedestrian path can include a 
pavement treatment that visually contrasts parking and drive aisle surfaces.  
 
Committee Member Marchuk asked if there is a fence or wall proposed around the 
drive-through area and stated that a portion of the wall should not be built where the 
northeaster pedestrian access will be placed. Mr. Mastrin stated that a low wall is 
proposed around the drive-though and agreed that the wall should not block the 
pedestrian pathway.  
 
Chair Daniels stated that the community has been dealing with flooding, stated that the 
committee has been asking development teams to look at the flood zone map, asked if 
the site’s drainage will flood adjacent developments, and asked if the development team 
had looked at the flood map. Mr. Mastrin explained that flood zone map is shown as a 
part of the Rick Engineering drainage letter. Chair Daniels asked about other items that 
the development team had been asked to address in the previous VPC meeting. Mr. 
Mastrin explained that the development team had also asked about a traffic study and 
read a summary of the study’s findings that concluded the additional traffic would have 
minimal traffic related impacts on the existing roadway network and surrounding area.  
 
Chair Daniels stated that the MUA does a lot regarding things like horse trails and 
stated it seems like the development is cutting out some landscaping. Mr. Rogers 
pointed out that the site plan does show a multi-use trail alignment along both Baseline

Road and 32nd Street. Chair Daniels asked for clarification on the request to eliminate 
the requirement for tree lined streets on all local streets. Mr. Rogers explained that there 
is a hierarchy of streets ranging from the most intense streets like major arterials down 
to local streets, stated that Baseline Road is likely a major arterial, 32nd is likely a 
collector, and local streets would be the streets within a subdivision or low capacity 
road, and explained that the development is proposing accessways, but not local 
streets.  
 
Committee Member Viera asked if the two building are connected by a landscape 
area. Mr. Mastrin stated that there is a landscape area between the buildings.  
 
Chair Daniels stated that landscaping dying and not being replenished on commercial 
projects has been a problem in the past and stated that there should be a requirement 
for an HOA to maintain the landscaping. Committee Member Viera stated that 
maintenance of landscaping is required by the City of Phoenix. Mr. Rogers stated that it 
is his understanding is that landscape plans used to be not be required but they are 
required now and explained that if a site is not complying with their landscape plan then 
the Neighborhood Services Department can go out and issue a violation.  
 
Committee Member Marchuk summarized the discussion and listed the possible 
stipulations that include pedestrian access, driveway materials, landscaping, building 
materials, fencing, roofs, and building orientation.  
 
Committee Member Gene Holmerud asked about bicycle parking and electric vehicle 
(EV) charging. Mr. Mastrin stated that bike parking is proposed, stated that EV 
charging has not been proposed, and asked if there is a percentage of EV parking the 
committee would like to stipulate. Committee Member Holmerud stated that he would 
like to see two percent level two EV chargers.  
 
Committee Member Darlene Jackson stated concerns about the driveway getting 
backed up onto 32nd Street. Mr. Mastrin explained that he had fought with Starbucks to 
provide two driveway lanes to prevent traffic from getting backed up.  
 
Chair Daniels asked how many EV spaces should be stipulated. Mr. Rogers explained 
that the three types of EV chargers that can be provided are “ready”, “capable”, and 
“installed” and explained that a level two charger is in reference to the how quickly an 
EV charger can a full charge. Committee Member Holmerud stated that there should 
be 10 percent EV ready installed. Committee Member Shepard asked if the EV 
spaces would count towards the required parking and asked if nonelectric vehicles can 
park in EV spaces. Mr. Rogers stated that the EV spaces would count towards the 
required parking and explained that the EV spaces can be used by anyone.  
 
FLOOR/PUBLIC DISCUSSION CLOSED: MOTION, DISCUSSION, AND VOTE 
 
MOTION

Committee Member Busching made a motion to recommend approval of PHO-1-23--
Z-73-01-6(8) with modifications and additional stipulations. Committee Member 
Shepard seconded the motion.  
 
VOTE 
14-0, motion to recommend approval of PHO-1-23--Z-73-01-6(8) with modifications and 
additional stipulations passed with Committee Members Alvarez, Brooks, Brownell, 
Busching, Coleman, F. Daniels, Holmerud, Jackson, Marchuk, Roque, Shepard, Viera, 
Greathouse, and T. Daniels in favor.  
 
VPC RECOMMENDED STIPULATIONS: 
 
1.a. 
The development shall be in conformance with the site plan dated August 27, 
2001 OCTOBER 6, 2023, with specific regard to areas to be counted towards 
approximation of the 50% open space requirements in the MUA, as may be 
approved by the DSD, and represented by AS APPROVED BY THE 
PLANNING AND DEVELOPMENT DEPARTMENT, AND REPRESENTED 
BY: 
 
 
 
 
• 
A circular open space tract in the residential area. 
 
 
 
 
• 
Linear pedestrian tracts in the east and south connecting to adjacent 
properties. 
 
 
 
 
• 
A pedestrian link from the residential to the commercial areas in the north 
and crossing 32nd Street.  
 
 
 
 
• 
OPEN SPACE BETWEEN THE BUILDINGS FOR PUBLIC USE 
 
 
 
 
• 
THERE SHALL BE A PEDESTRIAN LINK TO THE DEVELOPMENT TO 
THE SOUTH 
 
 
 
1.b. 
Landscaped-tree lined strips that run along both sides of all local streets in the 
residential area. This landscaped strip shall include a meandering sidewalk as 
shown on the site plan.  
 
 
1.c. 
That the height of the commercial buildings be limited to one story along 
Baseline Road as specified on the site plan.  
 
 
1.d. 
That a Homeowners Association (HOA) be created to maintain all areas 
specified in 1A.  
 
 
1.e. 
That a design for the gated entry for the residential area shall be provided to 
the PHO for review prior to preliminary site plan approval.

1.f. 
That solid walls be allowed on the interior perimeter walls (east and south) not 
the walls along 32nd Street or Baseline Road. These solid walls must 
incorporate controlled gates where they intersect the linear pedestrian tracts in 
the east and south that connect to adjacent properties so pedestrian 
connections with future adjacent developments is allowed.  
 
 
1.g. 
That 81 parking stalls between the residential and commercial use shall be 
built with an alternative paving material.  
 
 
2.1.a. That the applicant shall submit detailed elevations of the commercial buildings 
detailing the open areas between the buildings. These connections shall be 
made through “transparent” type architectural elements working as shading 
devices. These elements may include arcades, ramadas, isolated-decorative 
walls, columns, and other elements that help define and support a shaded 
pedestrian environment but allow the flow of vistas. This information shall be 
submitted for review to the Planning Hearing Officer at the time of Preliminary 
Site Plan Approval.  
 
 
2.2.a. That only one-story houses shall be built on the south property line and 30% 
of overall units shall be at one story.  
 
 
2.2.b. The floor plans shall be consistent with the elevations that reflect a rural 
design based on the “Tuscan Architecture” style illustrated by the applicant.  
 
 
3.a. 
That a right-of-way totaling 60 feet shall be dedicated for the south half of 
Baseline Road.  
 
 
3.b 
That right-of-way for 32nd Street realignment shall be dedicated as per plans 
approved by the City of Phoenix. The future intersection for 32nd Street at 
Baseline Road shall be flared to the minimum extent necessary and tapered in 
the shortest reasonable distance to function with the existing improvements on 
the north side of Baseline and with the future 40 foot of pavement within the 
60 foot of Right-of-Way planned for 32nd Street on the south side of Baseline. 
Additional improvements may be required to accommodate left turn access to 
the proposed driveways. 
 
 
3.c. 
That a 21 foot by 21 foot right of way triangle shall be dedicated at the 
southeast and southwest corners of 32nd Street and Baseline Road. 
 
 
3.d. 
That sufficient right of way shall be dedicated to accommodate a busbay 
(Detail P-1256) on Baseline road east of 32nd Street (new realignment). 
 
 
3.e. 
That rights-of-way dedications and street alignments for local streets within 
the subdivision will be determined by DSD at the time of Preliminary 
Subdivision Plat Review.

3.f. 
That 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 city. All improvements shall comply with all ADA accessibility standards. 
 
 
3.g. 
The applicant shall complete and submit the Developer Project Information 
form for the MAG Transportation Improvement Program to the Street 
Transportation Department (602-262-6193). This: form is a requirement of the 
EPA to meet clean air quality requirements. 
 
 
3.h. 
That sufficient right-of-way must be provided for a underground tunnel 
crossing Baseline Road running on the west side of the 32nd Street 
(realignment) as may be approved by the Parks, Recreation and Library 
Department and Street Transportation Department. This right-of-way should 
be approximately 100 feet by 50-feet from the right-of-way of Baseline Road, 
at the SWC of Baseline Road and 32nd Street realignment. 
 
 
4.a. 
That a 25 foot easement shall be provided on the west side of 32nd Street and 
along Baseline Road to incorporate a multi-use trail as indicated on the South 
Mountain Village/Laveen Village Trail System map. Plans must be submitted 
to the Parks, Recreation and Library Department for final approval. 
 
 
4.b. 
That the developer shall provide an alternative paving material where the 
entrance driveway crosses the equestrian trail. The alternative paving material 
shall be as wide as the equestrian trail and must be used across the entire 
width of the street or driveway. The alternate paving material and the material 
used at the street/trail interface shall be acceptable to the Parks, Recreation 
and Library Department and Street Transportation Department. 
 
 
5.a. 
That upon approval of this request by City Council, the South Mountain Village 
Planning Committee will be notified of any subsequent modifications and/or 
deletion of stipulations and/or variances. 
 
 
5.b. 
That the development shall commence construction within 24 months of the 
rezoning request approval by City Council. 
 
 
6. 
A MINIMUM OF 10% OF THE REQUIRED PARKING SPACES SHALL BE 
LEVEL 2 OR GREATER EV INSTALLED. 
 
 
7. 
FIVE BICYCLE SPACES SHALL BE PROVIDED ON THE SITE THROUGH 
INVERTED U AND/OR ARTISTIC RACKS LOCATED NEAR THE BUILDING 
ENTRANCES OR IN A SECURE LOCATION INSIDE THE BUILDING AND 
INSTALLED PER THE REQUIREMENTS OF SECTION 1307.H. OF THE 
PHOENIX ZONING ORDINANCE, AS APPROVED BY THE PLANNING 
AND DEVELOPMENT DEPARTMENT.

8. 
THE SURFACE OF PARKING STALLS SHALL BE COMPOSED OF AN 
ALTERNATIVE TO ASPHALT OR CONCRETE, AS APPROVED BY 
PLANNING AND DEVELOPMENT DEPARTMENT  
 
 
9. 
THE LANDSCAPING SHALL BE LIMITED TO THE SONORAN PLANT LIST 
WITH THE ADDITION OF CERCIDIUM HYBRID (DESERT MUSEUM PALO 
VERDE), QUERCUS VIRGINIANA (LIVE OAK), AND PISTACIA X 'RED-
PUSH (RED PUSH PISTACHE), AS APPROVED BY PLANNING AND 
DEVELOPMENT DEPARTMENT 
 
 
10. 
A COMBINATION OF THE FOLLOWING BUILDING MATERIALS SHALL 
BE INCORPORATED INTO COMMERCIAL BUILDINGS, AS APPROVED 
BY PLANNING AND DEVELOPMENT DEPARTMENT: 
 
 
 
A.  BOARD AND BATTEN 
 
 
 
 
B. CLAPBOARD SIDING 
 
 
 
 
C. WOOD/HEAVY TIMBERS 
 
 
 
 
D. ADOBE 
 
 
 
 
E. STONE OR STONE VENEER 
 
 
 
 
F. STUCCO, NOT TO EXCEED 70% OF THE EXTERIOR WALL 
SURFACE AREA 
 
 
 
11. 
BARREL TILE ROOFS SHALL BE PROHIBITED, AS APPROVED BY 
PLANNING AND DEVELOPMENT DEPARTMENT. 
 
 
12. 
PITCHED ROOF ELEMENTS SHOULD BE ENCOURAGED FOR 
COMMERCIAL BUILDINGS, AS APPROVED BY PLANNING AND 
DEVELOPMENT DEPARTMENT. 
 
 
13. 
IF FLAT ROOFS ARE PROPOSED FOR COMMERCIAL BUILDINGS A 
FALSE FRONT PARAPET SHOULD BE INCLUDED, AS APPROVED BY 
PLANNING AND DEVELOPMENT DEPARTMENT. 
 
 
14. 
OVERHANGING WOODEN EAVES AND EXPOSED RAFTERS SHOULD 
BE ENCOURAGED, AS APPROVED BY PLANNING AND DEVELOPMENT 
DEPARTMENT. 
 
 
15. 
COMMERCIAL AND OFFICE BUILDINGS SHOULD INCORPORATE 
ARCHITECTURAL ELEMENTS THAT EMPHASIZE HORIZONTAL PLAINS, 
SUCH AS OVERHANGS, PROJECTIONS, ALCOVES, VARIED ROOF-
PLAINS, AND BUILDING OFFSETS THAT ARE DESIGNED TO MINIMIZE

MASS AND VOLUME OF THE STRUCTURE, AS APPROVED BY 
PLANNING AND DEVELOPMENT DEPARTMENT. 
 
 
16. 
CHANGES IN FACADE, SUCH AS, MATERIAL, WINDOW DESIGN, 
FACADE HEIGHT OR DECORATIVE DETAILS SHOULD BE EXPRESSED 
SO THAT THE COMPOSITION APPEARS TO BE A COLLECTION OF 
SMALLER BUILDINGS, AS APPROVED BY PLANNING AND 
DEVELOPMENT DEPARTMENT. 
 
 
17. 
SOLID FENCES AND WALLS SHOULD BE PROHIBITED ON THE 
PERIMETER OF A LOT OR DEVELOPMENT EXCEPT FOR SCREENING 
OF PARKING OR MECHANICAL EQUIPMENT, AS APPROVED BY 
PLANNING AND DEVELOPMENT DEPARTMENT. 
 
 
18. 
THE OWNER SHALL BE MAINTAIN ALL LANDSCAPING, AS APPROVED 
BY PLANNING AND DEVELOPMENT DEPARTMENT.  
 
 
19. 
PEDESTRIAN ACCESS SHALL BE PROVIDED FROM THE NORTHEAST 
CORNER OF THE PROPERTY TO THE EAST BUILDING, AS APPROVED 
BY PLANNING AND DEVELOPMENT DEPARTMENT.   
 
 
20. 
PEDESTRIAN ACCESS SHALL BE PROVIDED TO THE DEVELOPMENT 
TO THE SOUTH, AS APPROVED BY PLANNING AND DEVELOPMENT 
DEPARTMENT. 
 
 
21. 
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. 
 
STAFF COMMENTS REGARDING VPC RECOMMENDATION: 
 
None.

EXHIBIT I

REPORT OF PLANNING HEARING OFFICER ACTION  
Byron Easton, Planner III, Hearing Officer  
Chase Hales, Planner I, Assisting  
 
August 16, 2023 
 
ITEM NO: 3 
 
 
DISTRICT NO. 6 
SUBJECT: 
 
 
 
Application #: 
PHO-1-23--Z-73-01-6(8) 
Location: 
Southwest corner of 32nd Street and Baseline Road 
Zoning:  
MUA BAOD 
Acreage:  
3.64 
Request: 
1) Request to modify Stipulation 1.a regarding general 
conformance with the site plan dated August 27, 2001. 
2) Request to delete Stipulation 1.b regarding landscape 
strips. 
3) Request to delete Stipulation 1.d regarding creation of a 
Homeowners Association. 
4) Request to delete Stipulation 1.e regarding Planning 
Hearing Officer review of gated entry design. 
5) Request to delete Stipulation 1.g regarding alternative 
paving materials for parking stalls. 
Applicant: 
Tim Rasnake, Archicon LC 
Owner: 
 
Zanbour, LLC 
Representative: Tim Rasnake, Archicon LC 
 
ACTIONS: 
 
Planning Hearing Officer Recommendation: The Planning Hearing Officer 
recommended a non-date specific continuance. 
 
Village Planning Committee (VPC) Recommendation: The South Mountain 
Village Planning Committee heard the request on August 8, 2023 and 
recommended the case be continued with direction. 
 
DISCUSSION: 
 
Mr. Easton stated that there was no representative present at the hearing to 
discuss the case. He stated that with no request from the applicant, however they 
are requesting a continuance. He stated he would recommend continuance of 
the case with a non-specific date. 
 
FINDINGS:

Planning Hearing Officer Summary of August 16, 2023 
Application PHO-1-23--73-01-6(8) 
Page 2 
 
 
 
 
STIPULATIONS: 
 
1. 
SITE PLANNING 
 
 
 
a. That the development shall be in general conformance with the site 
plan dated August 27, 2001, with specific regard to areas to be 
counted towards approximation of the 50% open space requirements 
in the MUA as may be approved by DSD, and represented by: 
 
 
 
 
 
1) A circular open space tract in the residential area. 
 
 
 
 
 
 
2) Linear pedestrian tracts in the east and south connecting to 
adjacent properties. 
 
 
 
 
 
 
3) A pedestrian link from the residential to the commercial areas in 
the north and crossing 32nd Street. 
 
 
 
 
 
b. Landscaped-tree lined strips that run along both sides of all local 
streets in the residential area. This landscaped strip shall include a 
meandering sidewalk as shown on the site plan. 
 
 
 
 
c. 
That the height for commercial buildings be limited to one story along 
Baseline Road, as specified on the site plan. 
 
 
 
 
d. That a Homeowners Association (HOA) be created to maintain all 
areas specified in 1.a. 
 
 
 
 
e. That a design for the gated entry for the residential area shall be 
provided to the PHO for review prior to Preliminary Site Plan approval. 
 
 
 
 
F. That solid walls be allowed on the interior perimeter walls (east and 
south) not the walls along 32nd Street or Baseline Road. These solid 
walls must incorporate controlled gates where they intersect the linear 
pedestrian tracts in the east and south that connect to adjacent 
properties so pedestrian connections with future adjacent 
developments is allowed. 
 
 
 
 
g. That 81 parking stalls between the residential and commercial use 
shall be built with an alternative paving material. 
 
 
 
2. 
BUILDING DESIGN

Planning Hearing Officer Summary of August 16, 2023 
Application PHO-1-23--73-01-6(8) 
Page 3 
 
 
 
2.1 Commercial Buildings 
 
 
 
a. That the applicant shall submit detailed elevations of the commercial 
buildings detailing the open areas between the buildings. These 
connections shall be made through “transparent” type of architectural 
elements working as shading devices. These elements may include 
arcades, ramadas, isolated-decorative walls, columns, and other 
elements that help define and support a shaded pedestrian 
environment but allow the flow of vistas. This information shall be 
submitted for review to the Planning Hearing Officer at the time of 
Preliminary Site Plan approval. 
 
 
 
 
2.2 Residential Buildings 
 
 
 
a. That only one-story houses shall be built on the south property line 
and 30% of overall units shall be at one story. 
 
 
 
 
b. The floor plans shall be consistent with the elevations that reflect a 
rural design based on the “Tuscan Architecture” style illustrated by the 
applicant. 
 
 
 
3. 
STREETS AND RIGHTS-OF-WAY 
 
 
 
a. That a right-of-way totaling 60 feet shall be dedicated for the south 
half of Baseline Road. 
 
 
 
 
b. That right-of-way for 32nd Street realignment shall be dedicated as 
per plans approved by the City of Phoenix. The future intersection for 
32nd Street at Baseline Road shall be flared to the minimum extent 
necessary and tapered in the shortest reasonable distance to function 
with the existing improvements on the north side of Baseline and with 
the future 40 foot of pavement within the 60 foot or right-of-way 
planned for 32nd Street on the south side of Baseline Road. 
Additional improvements may be required to accommodate left turn 
access to the proposed driveways. 
 
 
 
 
c. 
That a 21 foot by 21 foot right-of-way triangle shall be dedicated at the 
southeast and southwest corners of 32nd Street and Baseline Road. 
 
 
 
 
d. That sufficient right-of-way shall be dedicated to accommodate a bus 
bay (Detail P-1256) on Baseline Road east of 32nd Street (new 
alignment). 
 
 
 
 
e. That rights-of-way dedications and street alignments for local streets

Planning Hearing Officer Summary of August 16, 2023 
Application PHO-1-23--73-01-6(8) 
Page 4 
 
 
within the subdivision will be determined by DSD at the time of 
Preliminary Subdivision Plat Review. 
 
 
 
 
f. 
That 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 city. All improvements shall comply with all 
ADA accessibility standards. 
 
 
 
 
g. The applicant shall complete and submit the Developer Project 
Information form for the MAG Transportation Improvement Program to 
the Street Transportation Department (602-262-6193). This form is a 
requirement of the EPA to meet clear air quality requirements. 
 
 
 
 
h. That sufficient right-of-way must be provided for an underground 
tunnel crossing Baseline Road running on the west side of the 32nd 
Street (realignment) as may be approved by the Parks, Recreation 
and Library Department and Street Transportation Department. This 
right-of-way should be approximately 100 feet by 50 feet from the 
right-of-way of Baseline Road at the southwest corner of Baseline 
Road and 32nd Street realignment. 
 
 
 
4. 
TRAILS 
 
 
 
a. That a 25 foot easement shall be provided on the west side of 32nd 
Street and along Baseline Road to incorporate a multi-use trail as 
indicated on the South Mountain Village/Laveen Village Trail System 
map. Plans must be submitted to the Parks, Recreation and Library 
Department for final approval. 
 
 
 
 
b. That the developer shall provide an alternative paving material where 
the entrance driveway crosses the equestrian trail. The alternative 
paving material shall be as wide as the equestrian trail and must be 
used across the entire width of the street or driveway. The alternate 
paving material and the material used at the street/trail interface shall 
be acceptable to Parks, Recreation and Library Department and 
Street Transportation Department. 
 
 
 
5. 
OTHER ISSUES 
 
 
 
a. That upon approval of this request by City Council, the South 
Mountain Village Planning Committee will be notified of any 
subsequent modifications and/or deletions of stipulations and/or 
variances.

Planning Hearing Officer Summary of August 16, 2023 
Application PHO-1-23--73-01-6(8) 
Page 5 
 
 
 
 
 
 
b. That the development shall commence construction within 24 months 
of the rezoning request approval by City Council. 
 
 
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 Angie 
Holdsworth at angie.holdsworth@phoenix.gov or (602) 329-5065 or TTY: 7-1-1.

EXHIBIT J

REPORT OF PLANNING HEARING OFFICER ACTION 
Mr. Byron Easton, Planner III, Hearing Officer  
Teresa Garcia, Planner I, Assisting  
December 20, 2023 
ITEM NO: 1 
DISTRICT NO. 8 
SUBJECT: 
Application #: 
PHO-1-23--Z-73-01-6(8) (Continued from November 15, 
2023) 
Location: 
Southwest corner of 32nd Street and Baseline Road 
Zoning: 
MUA BAOD 
Acreage: 
3.64 
Request: 
1) Request to modify Stipulation 1.a regarding general
conformance with the site plan dated August 27, 2001
2) Request to delete Stipulation 1.b regarding landscape
strips.
3) Request to delete Stipulation 1.d regarding creation of a
Homeowners Association.
4) Request to delete Stipulation 1.e regarding Planning
Hearing Officer review of gated entry design.
5) Request to delete Stipulation 1.g regarding alternative
paving materials for parking stalls.
Applicant: 
Tim Rasnake, Archicon LC 
Owner: 
Zanbour, LLC 
Representative: Tim Rasnake, Archicon LC 
ACTIONS: 
Planning Hearing Officer Recommendation: The Planning Hearing Officer 
recommended approval with a modification and additional stipulations. 
Village Planning Committee (VPC) Recommendation: The South Mountain 
Village Planning Committee reviewed the request on August 8, 2023. The VPC 
recommended continuance with direction by a vote of 10-0. The VPC reviewed 
the continued request on November 14, 2023. The VPC recommended approval 
with modifications and additional stipulations by a vote of 14-0 
DISCUSSION: 
Mitchell Mastrin, representative of Archicon LC, gave an overall summary of the 
stipulations the South Mountain VPC recommended at the November 14 
meeting. He stated the VPC asked for alternative paving materials and more 
trees on the proposed site to reduce the urban heat island effect. He stated the 
VPC asked for the applicant to add a pedestrian walkway on the northeast

Planning Hearing Officer Summary of December 20, 2023 
Application PHO-1-23—Z-73-01-6(8) 
Page 2 
corner. He gave an overview of the items that were discussed at the November 
15 PHO hearing and mentioned that they were awaiting the new 
recommendations from the Planning Hearing Officer. 
Byron Easton, Planning Hearing Officer, stated he remembers everything that 
was mentioned at the last PHO hearing and was prepared to talk about the 
stipulations the VPC recommended. 
Marcia Busching, village planning committee member, asked Mr. Easton if he 
was opposed to any of the stipulations the VPC recommended. She stated one 
of the stipulations was duplicated and the duplicate language was not needed. 
Mr. Easton stated he did not have any questions regarding the VPC’s 
recommended stipulations. He stated he spoke to the village planner regarding 
what occurred at the last PHO hearing and discussed what is appropriate for 
stipulating from the list of recommendations. He stated presumptions and design 
guidelines are not stipulated. He stated site planners are the ones who review 
those based on Mixed-Use Agricultural District (MUA) and Baseline Area Overlay 
District (BAOD) standards. He reiterated anything that the Zoning Ordinance 
already covers will not be stipulated in a PHO hearing. He stated he agreed with 
some of the VPC recommended stipulations and gave an overview of them. He 
stated a pedestrian connection is needed between the proposed residential 
development to the south (Item No. 2) and the proposed commercial 
development for this case and recommends adding a stipulation regarding the 
connection. He stated a Parks and Recreation stipulation, archaeological 
stipulations, and a Prop 207 stipulation would be added to this case. 
Teresa Garcia, Planning Hearing Officer assistant, stated that the applicant 
submitted a Prop 207 waiver, and a stipulation was not needed. 
Mr. Easton removed the Prop 207 stipulation. 
Mr. Mastrin asked for clarification on Stipulation 6 regarding the multi-use trail 
(MUT). 
Mr. Easton clarified it was a 30-foot wide multi-use easement (MUTE) and a 10-
foot wide trail MUT. 
Ms. Busching stated she was concerned about human nature regarding people 
cutting through the property at the northeast corner. She stated she understands 
the applicant is proposing an accessway to the south but thinks they should be 
required to have the accessway at the northeast corner. 
Mr. Easton stated there is a drainage area that people will have to pass through 
and would be difficult to have the connection come from the northeast corner. He

Planning Hearing Officer Summary of December 20, 2023 
Application PHO-1-23—Z-73-01-6(8) 
Page 3 
stated the city can work with the applicant to bring the connection more north of 
the site. 
Ms. Busching stated that human nature would still be a concern if placed at the 
north side of the site due to people cutting through from the west side. 
Mr. Easton stated a designated pathway from the northeast corner is feasible. He 
asked Mr. Mastrin if it was possible to move the access point further north. 
Mr. Mastrin stated that moving it would be asking people to walk right through the 
queuing lanes of the drive-through, which they feel it is not safe. He stated the 
northern connection shown on the site plan is for employees only. He stated the 
southern accessway is for people coming from the sidewalk and the bus area on 
32nd Street. 
Mr. Easton asked what the distance from the access point and the intersection. 
Mr. Mastrin stated approximately 210 feet. He stated he does not think it is 
unreasonable to have people walk on the sidewalk, however based on human 
nature, people may jump over the screen wall. 
Mr. Easton asked if Mr. Mastrin was averse to having the connection at the 
northeast corner. 
Mr. Mastrin stated he did not know how it would be done and is averse to having 
the connection at the northeast corner. 
Mr. Easton stated based on his calculations, it is not worth the engineering and 
cost to save someone 60 steps and is going to recommend his original 
recommendation to omit that connection requirement. 
FINDINGS: 
1) The request for modification of Stipulation 1.A regarding general
conformance to a conceptual site plan is recommended to be approved.
The request for review and approval of conceptual site plan per Stipulation
1 has been complied with and text was eliminated that pertained to the
previously approved plan.  The recommendation is therefore to approve
the plan and modify the existing Stipulation 1 to replace the existing
language with a standard language general conformance stipulation to the
site plan.
Furthermore, pedestrian connection and site walkability will be ensured
through the Site Plan approval process.  The proposed stipulated plan
shows the provision of open space, with a sidewalk between the buildings.

Planning Hearing Officer Summary of December 20, 2023 
Application PHO-1-23—Z-73-01-6(8) 
Page 4 
2) The request to delete the language in Stipulation 1.B is approved. This
stipulation is not pertinent to the new design as there is no residential
development proposed.
3) The request to delete Stipulation 1.d regarding creation of a Homeowners
Association is approved. There is not residential development.
4) The request Request to delete Stipulation 1.e regarding Planning Hearing
Officer review of gated entry design is approved.  This is not a residential
development and there will be no gated entry.
5) The request to delete Stipulation 1.g regarding alternative paving
materials for parking stall is approved as it was written.  The original
stipulation will be replaced with the stipulation regarding alternative
materials that was recommended by the South Mountain Village Planning
Committee.
Village Recommended Stipulations 
1) The South Mountain VPC recommended 17 stipulations at the November
15th hearing.  7 of the stipulations were recommended to be added at this
hearing.  The ones that were omitted were either part of the existing
Zoning Ordinance requirements for the MUA zoning district or were not
candidates for stipulation based on the passive nature of the language
therein. In addition, the vague nature of the design-based stipulations
made them contradictory to the existing language in the Zoning
Ordinance. The findings for the recommended stipulations are below.
2) The request for a minimum of 10% of the required parking spaces shall be
level 2 or greater EV ready is approved.  This request is clear and does
not contradict other stipulations or the Zoning Ordinance.
3) The request for a minimum five bicycle spaces is approved.  The following
details are clear and do not contradict other stipulations or the Zoning
Ordinance.
4) The request for the surface of parking stalls shall be composed of an
alternative to asphalt or concrete has been implemented by modifying the
existing Stipulation 1.g.
5) The request that the landscaping shall be limited to the Sonoran Plant List
with the addition of Cercidium Hybrid (Desert Museum Palo Verde),
Quercus Virginiana (Live Oak), and Pistacia X 'Red-Push (Red Push
Pistache) has been approved.

Planning Hearing Officer Summary of December 20, 2023 
Application PHO-1-23—Z-73-01-6(8) 
Page 5 
6) The request for pedestrian access to be provided to the development to
the south is approved.  The developer has agreed to work with the
residential developer to the south to provide access.
Additional Stipulations 
7) The site is identified as archaeologically sensitive and three additional
stipulations are recommended to be included to address requirements for
archaeological survey and testing.
8) The applicant did not submit a Proposition 207 waiver of claims prior to
the Planning Hearing Officer hearing. Submittal of this form is an
application requirement.  An additional stipulation is recommended to
require the applicant to record this form and deliver it to the City to be
included in the rezoning application file for record.
STIPULATIONS: 
1. 
Site Planning: 
a. That The development shall be in general conformance with the site 
plan dated STAMPED OCTOBER 6, 2023 August 27, 2001, AS 
APPROVED OR MODIFIED BY THE FOLLOWING STIPULATIONS 
AND APPROVED BY THE PLANNING AND DEVELOPMENT 
DEPARTMENT. with specific regard to areas to be counted towards 
approximation of the 50% open space requirements in the MUA as 
may be approved by DSD, and represented by: 
1) A circular open space tract in the residential area. 
2) Linear pedestrian tracts in the east and south connecting to 
adjacent properties. 
3) A pedestrian link from the residential to the commercial areas in 
the north and crossing 32nd Street. 
b. Landscaped-tree lined strips that run along both sides of all local 
streets in the residential area. This landscaped strip shall include a 
meandering sidewalk as shown on the site plan. 
b. 
c. 
That the height for commercial buildings be limited to one story along 
Baseline Road, as specified on the site plan.

Planning Hearing Officer Summary of December 20, 2023 
Application PHO-1-23—Z-73-01-6(8) 
Page 6 
d. That a Homeowners Association (HOA) be created to maintain all 
areas specified in 1.a. 
e. That a design for the gated entry for the residential area shall be 
provided to the PHO for review prior to Preliminary Site Plan approval. 
c. 
f. 
That solid walls be allowed on the interior perimeter walls (east and 
south) not the walls along 32nd Street or Baseline Road. These solid 
walls must incorporate controlled gates where they intersect the linear 
pedestrian tracts in the east and south that connect to adjacent 
properties so pedestrian connections with future adjacent 
developments is allowed. 
d. 
g. 
THE SURFACE OF PARKING STALLS SHALL BE COMPOSED OF 
AN ALTERNATIVE TO ASPHALT OR CONCRETE, AS APPROVED 
BY THE PLANNING AND DEVELOPMENT DEPARTMENT. That 81 
parking stalls between the residential and commercial use shall be 
built with an alternative paving material. 
e. A MINIMUM OF 10% OF THE REQUIRED PARKING SPACES 
SHALL BE LEVEL 2 OR GREATER EV READY. 
f. 
A MINIMUM FIVE BICYCLE SPACES SHALL BE PROVIDED 
CONSISTING OF INVERTED U AND/OR ARTISTIC RACKS 
LOCATED NEAR THE BUILDING ENTRANCES OR IN A SECURE 
LOCATION INSIDE THE BUILDING AND INSTALLED PER THE 
REQUIREMENTS OF SECTION 1307.H., AS APPROVED BY THE 
PLANNING AND DEVELOPMENT DEPARTMENT. 
g. THE LANDSCAPING SHALL BE LIMITED TO THE SONORAN 
PLANT LIST WITH THE ADDITION OF CERCIDIUM HYBRID 
(DESERT MUSEUM PALO VERDE), QUERCUS VIRGINIANA (LIVE 
OAK), AND PISTACIA X 'RED-PUSH (RED PUSH PISTACHE). 
h. ACCESS TO THE PROJECT TO THE SOUTH SHALL BE 
REQUIRED SUBJECT TO ADA STANDARDS. 
2. 
Building Design: 
2.1 Commercial Buildings 
a. That the applicant shall submit detailed elevations of the commercial 
buildings detailing the open areas between the buildings. These 
connections shall be made through “transparent” type of architectural

Planning Hearing Officer Summary of December 20, 2023 
Application PHO-1-23—Z-73-01-6(8) 
Page 7 
elements working as shading devices. These elements may include 
arcades, ramadas, isolated-decorative walls, columns, and other 
elements that help define and support a shaded pedestrian 
environment but allow the flow of vistas. This information shall be 
submitted for review to the Planning Hearing Officer at the time of 
Preliminary Site Plan approval. 
2.2 Residential Buildings 
a. That only one-story houses shall be built on the south property line 
and 30% of overall units shall be at one story. 
b. The floor plans shall be consistent with the elevations that reflect a 
rural design based on the “Tuscan Architecture” style illustrated by the 
applicant. 
3. 
Streets and rights-of-way: 
a. That a right-of-way totaling 60 feet shall be dedicated for the south 
half of Baseline Road. 
b. That right-of-way for 32nd Street realignment shall be dedicated as 
per plans approved by the City of Phoenix. The future intersection for 
32nd Street at Baseline Road shall be flared to the minimum extent 
necessary and tapered in the shortest reasonable distance to function 
with the existing improvements on the north side of Baseline and with 
the future 40 foot of pavement within the 60 foot or right-of-way 
planned for 32nd Street on the south side of Baseline Road. 
Additional improvements may be required to accommodate left turn 
access to the proposed driveways. 
c. 
That a 21 foot by 21 foot right-of-way triangle shall be dedicated at the 
southeast and southwest corners of 32nd Street and Baseline Road. 
d. That sufficient right-of-way shall be dedicated to accommodate a bus 
bay (Detail P-1256) on Baseline Road east of 32nd Street (new 
alignment). 
e. That rights-of-way dedications and street alignments for local streets 
within the subdivision will be determined by DSD at the time of 
Preliminary Subdivision Plat Review. 
f. 
That the developer shall construct all streets within and adjacent to 
the development with paving, curb, gutter, sidewalk, curb ramps,

Planning Hearing Officer Summary of December 20, 2023 
Application PHO-1-23—Z-73-01-6(8) 
Page 8 
streetlights, median islands, landscaping and other incidentals as per 
plans approved by the city. All improvements shall comply with all 
ADA accessibility standards. 
g. The applicant shall complete and submit the Developer Project 
Information form for the MAG Transportation Improvement Program to 
the Street Transportation Department (602-262-6193). This form is a 
requirement of the EPA to meet clear air quality requirements. 
h. That sufficient right-of-way must be provided for an underground 
tunnel crossing Baseline Road running on the west side of the 32nd 
Street (realignment) as may be approved by the Parks, Recreation 
and Library Department and Street Transportation Department. This 
right-of-way should be approximately 100 feet by 50 feet from the 
right-of-way of Baseline Road at the southwest corner of Baseline 
Road and 32nd Street realignment. 
4. 
Archaeology: 
a. IF DETERMINED NECESSARY BY THE PHOENIX ARCHAEOLOGY 
OFFICE, THE APPLICANT SHALL CONDUCT PHASE I DATA 
TESTING AND SUBMIT AN ARCHAEOLOGICAL SURVEY REPORT 
OF THE DEVELOPMENT AREA FOR REVIEW AND APPROVAL BY 
THE CITY ARCHAEOLOGIST PRIOR TO CLEARING AND 
GRUBBING, LANDSCAPE SALVAGE, AND/OR GRADING 
APPROVAL. 
b. IF PHASE I DATA TESTING IS REQUIRED, AND IF, UPON REVIEW 
OF THE RESULTS FROM THE PHASE I DATA TESTING, THE CITY 
ARCHAEOLOGIST, IN CONSULTATION WITH A QUALIFIED 
ARCHAEOLOGIST, DETERMINES SUCH DATA RECOVERY 
EXCAVATIONS ARE NECESSARY, THE APPLICANT SHALL 
CONDUCT PHASE II ARCHAEOLOGICAL DATA RECOVERY 
EXCAVATIONS. 
c. 
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. 
5. 
Trails:

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Application PHO-1-23—Z-73-01-6(8) 
Page 9 
a. A 30-FOOT-WIDE MULTI-USE TRAIL EASEMENT (MUTE) SHALL 
BE DEDICATED ALONG THE SOUTH SIDE OF BASELIND ROAD 
AND THE WEST SIDE OF 32ND STREET AND A MINIMUM 10-
FOOT-WIDE MULTI-USE TRAIL (MUT) SHALL BE CONSTRUCTED 
WITHIN THE EASEMENT IN ACCORDANCE WITH THE MAG 
SUPPLEMENTAL DETAIL AND AS APPROVED OR MODIFIED BY 
THE PLANNING AND DEVELOPMENT DEPARTMENT. 
That a 25 foot easement shall be provided on the west side of 32nd 
Street and along Baseline Road to incorporate a multi-use trail as 
indicated on the South Mountain Village/Laveen Village Trail System 
map. Plans must be submitted to the Parks, Recreation and Library 
Department for final approval. 
b. That the developer shall provide an alternative paving material where 
the entrance driveway crosses the equestrian trail. The alternative 
paving material shall be as wide as the equestrian trail and must be 
used across the entire width of the street or driveway. The alternate 
paving material and the material used at the street/trail interface shall 
be acceptable to Parks, Recreation and Library Department and 
Street Transportation Department. 
5. 
Other issues: 
a. That upon approval of this request by City Council, the South 
Mountain Village Planning Committee will be notified of any 
subsequent modifications and/or deletions of stipulations and/or 
variances. 
b. PRIOR TO PRELIMINARY SITE PLAN APPROVAL, THE 
LANDOWNER SHALL EXECUTE A PROPOSITION 207 WAIVER OF 
CLAIMS IN A FORM APPROVED BY THE CITY ATTORNEY'S 
OFFICE.  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. 
c. 
b. 
That the development shall commence construction within 24 months 
of the rezoning request approval by City Council. 
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

Planning Hearing Officer Summary of December 20, 2023 
Application PHO-1-23—Z-73-01-6(8) 
Page 10 
following auxiliary aids or services: large print, Braille, audiotape or computer 
diskette. To request a reasonable accommodation, please contact Teleia Galaviz 
at (602) 291-2559 or TTY: 7-1-1.

EXHIBIT K

EXHIBIT L