Attachment E - PC Summary - Z-18-22-1.pdf

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REPORT OF PLANNING COMMISSION ACTION 
August 4, 2022 
ITEM NO: 24 
DISTRICT NO.: 1 
SUBJECT: 
Application #: 
Z-18-22-1
Location: 
Northeast corner of 19th Avenue and Yearling Road 
From: 
S-1
To: 
R-2
Acreage: 
2.55 
Proposal: 
Single-family residential 
Applicant: 
Red Hawk Development Corporation 
Owner: 
CMI Construction, LLC 
Representative: 
Charles Eckert Jr. 
ACTIONS: 
Staff Recommendation: Approval, subject to stipulations. 
Village Planning Committee (VPC) Recommendation: 
Deer Valley 6/9/2022 Denial. Vote: 5-3.  
Planning Commission Recommendation: Approval, per the Addendum A Staff Report. 
Motion Discussion: N/A 
Motion details: Commissioner Johnson made a MOTION to approve Z-18-22-1, per the 
Addendum A Staff Report. 
Maker: Johnson 
Second: Mangum 
Vote: 7-2 (Perez and Simon) 
Absent: None   
Opposition Present: Yes  
Findings: 
1.
The requested R-2 zoning district is consistent with the Traditional Lot Category of the
General Plan Land Use Map designation.
2.
As stipulated, the proposed development would include density and height limits, as
well as design elements, such as enhanced landscaping and detached sidewalks, that
mitigate impacts to surrounding properties.
3.
As stipulated, the proposed development enhances connectivity in the immediate
vicinity by improving adjacent roadways and providing shaded detached sidewalks.
ATTACHMENT E

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Stipulations: 
1.  
The development shall not exceed 20 18 dwelling units. 
 
2. 
The development shall not exceed a maximum building height of 30 feet. 
 
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 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.

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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. 
 
This publication can be made available in alternate format upon request. Please contact  
Les Scott at 602-261-8980, leslie.scott@phoenix.gov or TTY: Use 7-1-1.