Attachment D - Staff Report Addendum A - Z-18-22-1.pdf

ADDENDUM A 
Staff Report: Z-18-22-1 
July 13, 2022 
Deer Valley Village Planning Committee 
Meeting Date: 
June 9, 2022 
Planning Commission Hearing Date: 
August 4, 2022 
Request From: 
S-1 (Ranch or Farm Residence District)
(2.55 acres)
Request To: 
R-2 (Multifamily Residence District) (2.55
acres)
Proposed Use: 
Single-family residential 
Location: 
Northeast corner of 19th Avenue and 
Yearling Road 
Owner: 
CMI Construction, LLC 
Applicant: 
Red Hawk Development Corporation 
Representative: 
Charles Eckert Jr. 
Staff Recommendation: 
Approval, subject to stipulations 
On June 9, 2022, the Deer Valley Village Planning Committee heard this request and 
recommended denial by a vote of 5-3. The applicant has since submitted a revised site 
plan, on June 21, 2022, that addresses community and committee concerns regarding 
density, unit type, and open space. In addition, since the staff report was published on 
May 31, 2022, staff has received five letters in opposition which are included as an 
attachment. Concerns include privacy, density, height, and traffic congestion. 
The revised site plan includes a reduced unit count of 18 dwelling units, a change to 
single-family detached units, and an expanded open space component in the northeast 
corner, adjacent to existing residential properties. Due to the revised site plan, staff 
recommends revisions to the stipulations as follows. 
•
Stipulation No. 1 regarding the maximum number of units on the site.
•
New Stipulation No. 3 regarding a minimum open space area at the northeast
corner of the site.
Staff recommends approval per the modified stipulations in bold font below. 
1.
The development shall not exceed 20 18 dwelling units.
2.
The development shall not exceed a maximum building height of 30 feet.
Attachment D

Addendum A to the Staff Report Z-18-22-1 
July 13, 2022 
Page 2 of 3 
 
 
 
 
3. 
THE DEVELOPMENT SHALL CONTAIN A MINIMUM 3,500-SQUARE-FOOT 
OPEN SPACE AREA AT THE NORTHEAST CORNER OF THE SITE. 
 
 
3. 4. 
The common open space area shall provide a minimum of 3 active recreational 
elements, such as, but not limited to playground sets, ramadas, barbeque area, 
as approved by the Planning and Development Department. 
 
 
4. 5. 
The garage doors shall have a variety of decorative embellishments such as 
window panels, color and added materials for the pillars surrounding the door, as 
approved by the Planning and Development Department. 
 
 
5. 6. 
The required perimeter setbacks on all sides of the property shall be landscaped 
and include minimum 50 percent 2-inch caliper and minimum 50 percent 3-inch 
caliper trees planted 20 feet on center or in equivalent groupings, as approved by 
the Planning and Development Department. 
 
 
6. 7. 
The developer shall construct a minimum 5-foot-wide detached sidewalk and a 
minimum 11-foot-wide landscape area between the back of curb and sidewalk 
along 19th Avenue, planted to the following standards and as approved by the 
Planning and Development Department. 
 
 
a. 
Minimum 2-inch caliper drought-tolerant shade trees that provide shade 
to a minimum 75 percent at maturity. 
 
 
 
 
b. 
Drought-tolerant vegetation to achieve 75 percent live coverage at 
maturity. 
 
 
 
Where utility conflicts arise, the developer shall work with the Planning and 
Development Department on an alternative design solution consistent with a 
pedestrian environment. 
 
 
7. 8. 
The Developer shall work with Maricopa County to de-annex the 25-foot federal 
patent easement area of the southern property line adjacent to Yearling Road. If 
the 25-foot federal patent easement area is not de-annexed within 6 months after 
the approval date of this rezoning, the applicant shall construct improvements 
over the federal patent easement area, as modified and approved by the Street 
Transportation Department and the Planning and Development Department. 
 
 
8. 9. 
The developer shall construct all streets within and adjacent to the development 
with paving, curb, gutter, sidewalk, curb ramps, streetlights, median islands, 
landscaping and other incidentals, as per plans approved by the Planning and 
Development Department. All improvements shall comply with all ADA 
accessibility standards. 
 
 
9. 10. 
The property owner shall record documents that disclose the existence, and 
operational characteristics of Deer Valley Airport to future owners or tenants of

Addendum A to the Staff Report Z-18-22-1 
July 13, 2022 
Page 3 of 3 
 
 
the property. The form and content of such documents shall be according to the 
templates and instructions provided which have been reviewed and approved by 
the City Attorney. 
 
 
10. 11. 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. 
 
 
11. 12. Prior to preliminary site plan approval, the landowner shall execute a Proposition 
207 waiver of claims form. The waiver shall be recorded with the Maricopa 
County Recorder's Office and delivered to the City to be included in the rezoning 
application file for record. 
 
Exhibits 
Revised Conceptual Site Plan, date stamped June 21, 2021 
Correspondence (14 pages)

REVISIONS
NO.
DATE
1
2
3
4
5
SHEET TITLE:
SHEET
OF
SCALE:
DATE:
CHECKED BY:
DRAWN BY:
PROJECT NO:
COPYRIGHT 2021
THESE DRAWINGS ARE AN INSTRUMENT
OF SERVICE AND ARE THE PROPERTY OF
W E N G E R & A S S O C I A T E S , L L C .
N O
REPRODUCTION OR USE OF DESIGN
CONCEPTS ARE ALLOWED WITHOUT THE
WRITTEN PERMISSION OF WENGER &
ASSOCIATES, LLC. ANY VIOLATION OF
THIS COPYRIGHT SHALL BE SUBJECT
T
O
L
E
G
A
L
A
C
T
I
O
N
THE GENERAL CONTRACTOR SHALL
VERIFY ALL GRADES, CONDITIONS AND
D I M E N S I O N S B E F O R E B E G I N N I N G
CONSTRUCTION.
ALL DISCREPANCIES
MUST BE REPORTED IN WRITING TO THE
ARCHITECT FOR RESOLUTION PRIOR TO
C O M M E N C E M E N T O F T H E W O R K
NEW DEVELOPMENT AT
YEARLING & 19TH AVENUE
-
PHOENIX, ARIZONA  85085
A.P.N. 210-011-003F & G
WA2105040
RR
GW
06-15-22
AS NOTED
RE-ZONING SITE PLAN
A-1.0
1
3
-
-
-
-
-
PRELIMINARY SITE PLAN (Site Study PRD-02)
VICINITY MAP
SCALE:  N.T.S.
PROJECT DATA:
0
SCALE:
15'
30'
60'
1" = 30'-0"
APPROVAL STAMPS
EXISTG.
FIRE HYDRANT
ADJACENT ZONING R43
ADJACENT ZONING R43
ADJACENT ZONING R43
APN 210-11-003G
APN 210-11-003F
EXISTING ZONING:
R43
PROPOSED ZONING:
R-2 PRD (Col. C)
MAX BUILDING HEIGHT:
30'-0"
SITE NET AREA:
1.87 ACRES 81,335 sf
ACTUAL LOT COVERAGE:
LESS THAN 100% (22,626 sf = 20% Coverage)
APPLICANT:
RED HAWK DEVELOPMENT CORP.
ADDRESS:
34522 N SCOTTSDALE ROAD
SUITE 120-115
SCOTTSDALE, AZ  85266
PHONE:
480.939.4800
EMAIL:
ceckert@redhawkdevco.com
COMMON AREAS:
MORE THAN 5% OF GROSS AREA (5,730 sf provided)
DWELLING UNIT DENSITY:
7 PER ACRE (10.5 MAX ALLOWED)
SITE GROSS AREA:
2.55 ACRES 111,146sf
--
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01
02
03
04
05
07
09
11
13
01
06
08
10
12
15
16
17
18
WENGER
GARYDEANE
23547
06-20-22

From:
vickie hunt
To:
Sarah Stockham
Subject:
Z-18-22-1 June 9 Meeting
Date:
Monday, June 6, 2022 11:07:43 AM
Hello Sarah,
I found your name on the website concerning this upcoming meeting. I would like my letter
added to the file for anyone to view that is making decisions in the matter. I also sent a hard
copy by mail. My husband has been reaching out as well. I’m just trying to make sure we’re
reaching the right offices and such. Please let me know if there is someplace else I should be
sending communications. Thank you for any help! 
I am writing concerning a zoning hearing Z-18-22-1 for parcels 210-11-003F and 210-
11-003G. 
I will try to keep this as brief as possible and still provide all the information intended. I
live at 25839 N. 19th Ave. Phoenix Az 85085. Parcel # 210-11-001C   It is a nearly 2
acre farm/ranch. The property I own shares a border to our south with the land in
question. I will attach pictures so you can see how the properties line up. I have lived
here for 30 years and have watched this go from a one lane dirt road to a bustling city
street.  I completely understand growth and change, and honestly welcome much of it!
However, this build is posing a major privacy issue for my family/property. The R43
county zoning that’s always been here and the recently approved city annexation and
now S1 zoning, calls for 1 house per 1 acre. That is what borders the land on all sides
except 19th avenue. The homes across 19th Ave from the land are single family
residential. Mrs. Shilliday with CMI Construction told me in a conversation after
purchasing the land that she intended to build single family residential homes. Her intent
was to “provide a buffer” between the city homes on the west side of 19th Ave and the
rurally zoned ranch/farm homes that encompass the entire county island on the east side.
However 20 two story townhomes are not a buffer. That is not the middle ground
between rural and standard residential. The land is zoned for 2 homes currently.
According to current tax records it is a total of 2.02 acres. Possibly 4 homes on 1/4 acre
lots would be a buffer. Even 6-10 single story single family residences. Not 20. 
These parcels are not made for homes to be stacked on top of fence lines. This is a
complete invasion of our privacy as well as our other neighbor to the south who shares
his west property line with the land. From a townhome that tall with all living space
on the top floor there will be views of my entire property including my back yard. While
that may be the norm in some neighborhoods, that is not what this kind is zoned or
meant for. 
I am requesting that if the zoning is to be changed, that it is to single family residential
only. Not multi family. Also, more importantly, that single story homes only be allowed
to back up to the shared fence lines. Two story homes could back 19th Ave. A privacy
barrier tall enough to block views into our homes and yards from 30 feet up does not
seem reasonable.  We are really trying to be accommodating. We’re not saying no this
cannot pass. However the planned layout of this build is not only not in line with the
currently established neighborhood, it is, as I said, a total privacy violation. My request

is that only single story single family residential be approved. That is a buffer. Not a
multi family townhome community. 
I have attached a couple pictures as well. 
Thank you for your time,
Vickie Hunt
View from my front porch. Per plans, six 30ft townhomes would back that fence. Single story
would be much preferred.

View up my driveway next to our horse and livestock pens that the new builds will back up
to. 
-- 
Vickie

From:
Laurel Brodie
To:
Sarah Stockham
Cc:
Melissa Crawford; James Whatley
Subject:
RE: Z-18-22-1: - Item # 3 - June 9, 2022 6PM
Date:
Wednesday, June 8, 2022 6:06:35 PM
For the Record; 
Please know that the residents who are negatively impacted by this request, of which we are
one, have been ignored and belittled numerous times by this Committee and the High $
Attorneys hired by  developers whose only goal is to make a killing on land that they bought
for less because it was zoned to be of a different character when purchased. They made these
purchases knowing full well that they could bulldoze their way through the laughable
protective hurdles that had been put into place to protect individual residents that do not
have access to deep pockets, from having their neighborhood being downgraded through
zoning changes. And I've no doubt this will occur once again in this meeting. So please spare
us the concern of the "buffer being created for our neighborhood" You are doing us NO
FAVORS by allowing this. We had a more than sufficient "buffer" with 19th Avenue. Anything
of the East side of 19th Avenue infiltrates and invades our neighborhood in a manner that no
one here wants.  So at least be honest from the start and call a land grab a land grab, and
don't pretend that we have any say in this outcome. 
For what it's worth I'll still say my peace, but stopped holding my breath with this Committee
long ago. 
NO to the HIGH DENSITY housing, especially NO to the 2 STORY zero lot line development. If it
HAS to change from the current zoning it should be reasonable. Currently it is 1 home per acre
(when it was County) so  go ahead, double that, we'd even accept tripling that, but to retain
the rural character and maintain what we have left that the most that we'd be happy and
welcoming to. 
And to stand up specifically for the 2 most impacted residents who have our utmost
sympathies, James Whatley and Julian,  PLEASE, PLEASE, PLEASE, since we know you are going
to allow this AT LEAST be human and DO NOT allow for 2 story homes on the North OR East
side of this property. 
And last to also protect the rest of us REQUIRE that a sign be in place that prohibits turning
left onto Yearling Rd. out of that developments ingress/egress.  We do not want or need that
traffic on our Privately Maintained Roadways. 
Planning a  neighborhood celebration if we are successful in ANY concessions to this proposed 
development

Rick & Laurel Brodie 
25657 N. 17th Avenue 
Phoenix, AZ 85085
laurel@clearskies.com

From:
tryitonjewels@aol.com
To:
Sarah Stockham
Cc:
laurel@clearskies.com; bruteyfool@aol.com
Subject:
Z-18-22-1 Item #3
Date:
Thursday, June 9, 2022 3:56:26 PM
To Whom it Concerns;
Here we are again writing emails and voicing our concerns about the devastation your votes are doing to
destroy our horse property community.  I personally have spent hours attending and speaking at every
virtual meeting trying to save our way of life only for the vote to be unanimous "yes" and "next on the
agenda".
Once again, it is ridiculous to do what is being suggested of put 2-story high-density housing in the
current zoning of 1 home per acre.
Please vote "NO" to this proposal.
Melissa Crawford
623 606 7248