Attachment D - Routing Packet - PHO-1-21_Z-51-20-2.pdf

PLEASE RESPOND ELECTRONICALLY TO BRAD WYLAM 2ND FLOOR, 602-495-0383 
To: 
Departments Concerned 
Date: June 9, 2021 
From: 
Alan Stephenson 
Planning & Development Department Director 
Subject:   P.H.O. APPLICATION NO. PHO-1-21--Z-51-20-2 – Notice of Pending Actions  
 by the Planning Hearing Officer 
1.
Your attention is called to the fact that the Planning Hearing Officer will 
consider the following case at a public hearing on July 21, 2021.
2.
Information about this case is available for review at the Zoning Counter in 
the Planning and Development Department on the 2nd Floor of Phoenix City 
Hall, telephone 602-262-7131, Option 6.
3.
Staff, please indicate your comments and respond electronically to
pdd.pho@phoenix.gov or you may provide hard copies at the Zoning Counter 
in the Planning and Development Department on the second floor of Phoenix 
City Hall by June 16, 2021.
DISTRIBUTION
Mayor’s Office (Lisa Fernandez), 11th Floor 
City Council (Matthew Heil), 11th Floor 
Aviation (Sheldon Daisley)
CED (Michelle Pierson), 20th Floor 
Fire Prevention (Aaron Conway), 2nd Floor
Light Rail (Joel Carrasco/Special TOD Only)   
Neighborhood Services (Gregory Gonzales, Lisa Huggins), 4th Floor 
Parks & Recreation (Natasha Hughes), 16th Floor 
Public Transit (Kathryn Boris)
Public Works (Ray Dovalina, Kristina Jensen, Elise Moore, Rudy Rangel), 5th Floor 
Street Transportation Department (Maja Brkovic, Alan Hilty, Chris Kowalsky), 5th Floor 
Street Transportation - Ped. Safety Coordinator (Mailen Pankiewicz), 5th Floor 
Water Services (Don Reynolds, Victor Romo), 8th Floor
Planning and Development (Alan Stephenson, Joshua Bednarek), 3rd Floor 
Planning and Development/Information Services (Ben Ernyei, Andrew Wickhorst), 4th 
Floor
Planning and Development/Historic Preservation Office (Kevin Weight), 3rd Floor 
Planning Hearing Officer (Tricia Gomes, Adam Stranieri, Brad Wylam), 2nd Floor 
Village Planner (David Simmons, Deer Valley Village) 
Village Planning Committee Chair (Joseph A. Grossman, Deer Valley Village)
Attachment D

200 W Washington Street, 2nd Floor * Phoenix, Arizona 85003 * Tel: (602) 262-7131 * Fax: (602) 495-3793
APPLICATION FOR PLANNING HEARING OFFICER ACTION
APPLICATION NO: PHO-1-21--Z-51-20
Council District: 2   
   
Request For: 
Stipulation Modification
    Reason for Request:   Modification of Stipulation 6 regarding the minimum landscape setback required along the west property
line and along the frontage road.   Modification of Stipulation 7 regarding the minimum landscape setback required along the
south property line.  
   
Owner
Applicant
Representative
Fred Bishop, et al.
Chuck Chisholm, K. Hovnanian Homes
Nick Wood Esq., Snell & Wilmer LLP
400 E Van Buren St, 19th Floor
20830 N Tatum Blvd
400 E Van Buren St, 19th Floor
Phoenix AZ 85004
Phoenix AZ 85050
Phoenix AZ 85004
(602) 382-6269
(480) 824-4175
P: (602) 382-6269  F: (602) 382-6070
nwood@swlaw.com                         
cchisholm@khov.com                      
nwood@swlaw.com                         
     Property Location: Approximately 4,000 feet north of the northeast corner of Black Canyon Highway and Jomax Road
                                                                                                                                                
  
Zoning Map: P7
Quarter Section: 50-22
APN: 205-01-011H
Acreage: 20.08
  
Village: Deer Valley  
Last Hearing: CC HEARING
Previous Opposition: No
Date of Original City Council Action: 04/21/2021 230 PM
Previous PHO Actions: 
Zoning Vested: R-3A                
Supplemental Map No.: 
Planning Staff: 071773    
      An applicant may receive a clarification from the city of its interpretation or application of a statute, ordinance, code or authorized
substantive policy statement. To request clarification or to obtain further information on the application process and applicable
review time frames, please call 602-262-7131 (option 6), email zoning.mailbox@phoenix.gov or visit our website at
http://phoenix.gov/pdd/licensetimes.html.
   A Filing Fee had been paid to the City Treasurer to cover the cost of processing this application. The fee will be retained to cover
the cost whether or not the request is granted
   
Fee 
Fee Waived
Fee Date
Receipt
Purpose
$1,080.00
$0.00
05/21/2021
21-0046912
Original Filing Fee
   
Signature of Applicant: _____________________________________________________         DATE: ___________________
   
Hearing Results
   
Planning Hearing Officer
Planning Commission
City Council
Date: 07/21/2021 1000 AM
Date:
Date:
Appealed?:
Appealed?:
Action:
Action:
Action:

Snell & Wilmer
ONE ARIZONA CENTER
4OO E. VAN BUREN, SUITE 19OO
PHOEN|X, M 85004-2202
602.382.6000 P
602.382.6070 F
Nicholas J. Wood
(602) 382-6269
nwood@swlaw.com
May 14,2021
VIA E.MAIL
Planning Hearing Officer
Planning & Development Department
City of Phoenix
200 W Washington St
Phoenix, AZ 85003
Re
Planning Hearing Officer Application for the "I-17 North" Project, Case Z-51-
20-2
Dear Planning Hearing Officer:
On behalf of K. Hovnanian, developer of quality residences, I am pleased to submit the
following application for a Planning Hearing Officer ("PHO") approval of a minor modification
to a stipulation of approval for the recently approved zoning case governing their future 285
resident townhome development in North Phoenix.
More specifically, we are requesting the addition of one word to Stipulation #6 and #7:
6. A minimum AVERAGE landscape setback of 20 feet shall be required along the
west property line and along the frontage road. These landscape setbacks shall
include minimum 3-inch caliper large canopy shade trees planted a minimum of 20
feet on center or in equivalent groupings, as approved by the Planning and
Development Department.
7. A minimum AVERAGE landscape setback of 20 feet shall be required along the
south property line and shall include minimum 2-inch caliper trees planted a
minimum of 20 feet on center or in equivalent groupings, as approved by the
Planning and Development Department.
This addition of "average" will allow for the development of the site plan (Exhibit A) that
was utilized in the rezoning process, shown to the community and was part of the consideration of
the project when approved by the City Council.
ALBUQUERQUE BOISE DENVER LAS VEGAS LOS ANGELES LOS CABOS ORANGE COUNTY
PHOENIX PORTLAND RENO SALT LAKE CITY SAN DIEGO SEATTLE TUCSON WASHINGTON, D,C,

Snell & Wilmer
Planning Hearing Officer
May 14,2021
Page2
During the rezoning process the site plan was prepared under the typically applicable R-
3,{ standards, including the provision of perimeter landscape buffers of 15 feet "adjacent to
property line" (Section 616, Table B).
You will note that the site plan included the following perimeter setbacks
PERIMETER SETBACKS:
ADJ. 10 PROPTRIY LINE
ADJ. TO PUBLIC SIREff
= 15'
=20'
During the preliminary site plan approval process, it was noted that there were some lots
that conflicted with twenty (20) feet required by the rezoning approval. After further evaluation
by the design team, the site plan would be severely compromised to accommodate a full 20 feet.
However, an"average" of 20 feet could be accommodated without impacts to the project's design
or unit yield.
Also, it is important to note that there were no concerns raised during the entitlement
process regarding landscape setbacks and all adjacent uses are residential communities, which are
compatible with the project. This request will result in more required landscape than the base R-
3,{ requirements. Finally, the rear of the home lots that would otherwise be within the 20 foot area
is private rear yard, so approval of this request will result in the same amount of area without
building mass (i.e. the "landsc ape" area is the same, just some of it private yard vs shared landscape
buffer).
We look forward to discussing this application in more detail at our hearing. Thank you for
your consideration of this request and please advise if any additional information is desired to
assist in your review.
Respectfully submitted,
J. Wood

Snell & Wilmer 
 
Planning Hearing Officer
May 14, 2021 
Page 3 
Exhibit A – Zoning Case Site Plan

Z-109-97
Z-42-20
Z-23-97
Z-11-14
Z-23-97
Z-SP-59-96
Z-25-97
Z-45-18
Z-9-99
*
*
*
*
*
*
R1-6
S-1
R1-6
R-3A
PCD
S-1
R-3A
R-3
R1-8
PUD
S-1
R1-18
Z-41-02
R1-6 PCD
Z-109-97
S-1 PCD
Z-109-97
S-1 PCD
Z-109-97
R1-6
PCD *
Z-87-00
S-1 PCD
Z-109-97
S-1 PCD
Z-109-97
R1-6 PCD
Z-77-99
R1-6 PCD
Z-77-99
R-3A PCD
Z-109-97
R1-6 PCD
Z-109-97
R-2
PCD
Z-109-97
R1-6
PCD
Z-109-97
R1-8 PCD
Z-109-97
R-2 PCD
Z-109-97
31ST AVE
SLEEPY MEADOW DR
25TH DR
24TH LN
25TH LN
VIA DONA RD
32ND LN
GAMBIT TRL
BLUE SKY DR
26TH AVE
26TH DR
25TH AVE
30TH LN
30TH DR
32ND AVE
30TH AVE
OBERLIN WAY
BIG OAK ST
HEDGEHOG PL
25TH DL
MARK LN
BENT TREE DR
RUNNING DEER TRL
LUCIA DR
STRAIGHT ARROW LN
CORDIA LN
ROBERTA DR
RED FOX RD
PINNACLE VISTA DR
SILVER SAGE LN
DYNAMITE BLVD
DESERT VISTA TRL
BROOKHART WAY
CASINO AVE
BLACK CANYON HWY
§¨¦
17
GREENWAY RD
BELL RD
UNION HILLS DR
DEER VALLEY DR
PINNACLE PEAK RD
HAPPY VALLEY RD
JOMAX RD
51ST AVE
43RD AVE
35TH AVE
19TH AVE
7TH AVE
7TH ST
16TH ST
I - 17
SR 101
DEER VALLEY VILLAGE
CITY COUNCIL DISTRICT: 2
I
APPLICANT'S NAME:
APPLICATION NO.
Z-51-20
GROSS AREA INCLUDING 1/2 STREET
AND ALLEY DEDICATION IS APPROX.
20.08 Acres
MULTIPLES PERMITTED
*   Maximum Units Allowed with P.R.D. Bonus
S-1
R-3A
CONVENTIONAL OPTION
20
442
*   UNITS P.R.D. OPTION
N/A
530
Chuck Chisholm, K Hovnanian Homes
DATE:
11/19/2020
REVISION DATES:
AERIAL PHOTO &
QUARTER SEC. NO.
QS 50-22
ZONING MAP
P-7
REQUESTED CHANGE:
FROM: S-1 ( 20.08 a.c.)
TO:
R-3A ( 20.08 a.c.)
Document Path: S:\Department Share\Information Systems\PL GIS\IS_Team\Core_Functions\Zoning\sketch_maps\2020\Z-51-20.mxd
Z-51-20
0.1
0
0.1
0.05
Miles

W DYNAMITE BLVD
W OBERLIN WAY
PRIVATE
N BLACK CANYON AC
N 28TH AV
FOO
TPATH
N 30TH LN
N 30T
H AVE
W WHITE FEATHER LN
N I17@JOMAX RD SB NO
W RUNNING DEER TRL
W BLUE SKY DR
W SILVER SAGE LN
W RED FOX RD
N BLACK CANYON HW
N I17@JOMAX RD NB NO
N 28TH DR
N 31ST AVE
Maricopa County Assessor's Office
Planning & Development Department
PHO-1-21--Z-51-20-2
Property Location: Approximately 4,000 feet north of the northeast corner of 
Black Canyon Highway and Jomax Road
0
280
560
140
Feet ´

W DYNAMITE BLVD
W OBERLIN WAY
PRIVATE
N BLACK CANYON AC
N 28TH AV
FOO
TPATH
N 30TH LN
N 30T
H AVE
W WHITE FEATHER LN
N I17@JOMAX RD SB NO
W RUNNING DEER TRL
W BLUE SKY DR
W SILVER SAGE LN
W RED FOX RD
N BLACK CANYON HW
N I17@JOMAX RD NB NO
N 28TH DR
N 31ST AVE
R-3
R1-6*
R-3A*
R1-6*
R-3A PCD
S-1
Maricopa County Assessor's Office
Planning & Development Department
PHO-1-21--Z-51-20-2
Property Location: Approximately 4,000 feet north of the northeast corner of 
Black Canyon Highway and Jomax Road
0
280
560
140
Feet ´
R-3A

City Council Formal Meeting
Results
April 21, 2021
Avenue (Ordinance G-6837)
This item was adopted.
80
Amend City Code - Ordinance Adoption - Rezoning Application Z-51-20-2 - 
Approximately 4,000 Feet North of the Northeast Corner of Black Canyon 
Highway and Jomax Road (Ordinance G-6838)
This item was adopted.
81
Amend City Code - Ordinance Adoption - Rezoning Application Z-6-21-7 - 
Southwest Corner of 35th Avenue and the Durango Street Alignment 
(Ordinance G-6836)
This item was adopted.
82
Amend City Code - Official Supplementary Zoning Map 1212 (Ordinance 
G-6834)
This item was adopted.
83
Public Hearing and Ordinance Adoption - Amend City Code - Rezoning 
Application Z-41-20-3 (Honor Health Outpatient Medical Center - Shea PUD) 
- Approximately 400 Feet West of the Northwest Corner of 54th Street and
Shea Boulevard (Ordinance G-6840)
The hearing was held. This item was approved per the April 21, 2021 
memo from the Planning and Development Director, with adoption of 
the related ordinance.
REPORTS FROM CITY MANAGER, COMMITTEES OR CITY OFFICIALS
000 CITIZEN COMMENTS
ADJOURN
City of Phoenix
Printed on 4/21/2021
Page 9

Planning Commission Hearing - Minutes 
April 1, 2021 
 
107 of 116 
 
REZONING CASES 
9. 
Application #: 
Z-51-20-2 
 
From: 
S-1 
 
To: 
R-3A 
 
Acreage: 
20.08 
 
Location: 
Approximately 4,000 feet north of the northeast corner of 
Black Canyon Highway and Jomax Road 
 
Proposal: 
Single-family residential 
 
Applicant: 
Chuck Chisholm, K. Hovnanian Homes 
 
Owner: 
Fred Bishop, et al. 
 
Representative: 
Nick Wood, Esq., Snell & Wilmer, LLP 
 
 
Conflict: Sissie Shank recused herself from Item No. 9 due to a conflict of interest. 
Ms. Racelle Escolar stated that Item No. 9 is Z-51-20-2, a request to rezone 20.08 
acres located approximately 4,000 feet north of the northeast corner of Black 
Canyon Highway and Jomax Road from S-1 (Ranch or Farm Residence District) to 
R-3A (Multifamily Residence District) to allow residential development. 
The Deer Valley Village Planning Committee did not provide a recommendation 
because they lost a quorum of members. 
Staff recommends approval, per the Staff Report, with the addition of the standard 
Proposition 207 waiver of claims stipulation as follows: 
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. 
Ms. Escolar stated that there were no requests to speak in opposition or support. 
The representative was available to speak if necessary.  
Commissioner McCabe MOTIONED to approve Z-51-20-2, per the staff 
recommendation, with the additional stipulation as read into the record. 
Commissioner Mangum SECONDED. 
There being no further discussion, Acting Chairman Howard called for a vote and 
the MOTION Passed 7-0-1 (Conflict: Shank) (Johnson absent). 
 
Stipulations: 
 
1. 
The maximum building height shall be 30 feet.

Planning Commission Hearing - Minutes 
April 1, 2021 
 
108 of 116 
 
 
 
2. 
The development shall be limited to a maximum of 285 units. 
 
 
3. 
All elevations of the buildings shall contain architectural embellishments and 
detailing such as textural changes, pilasters, offsets, recesses, variation in 
window size and location, and/or overhang canopies, as approved by the 
Planning and Development Department. 
 
 
4. 
A sidewalk and landscaping strip shall be provided along the Black Canyon 
Freeway Frontage Road and shall be detached with a minimum five-foot-wide 
landscape area located between the sidewalk and back of curb and planted to 
the following standards, as approved by the Planning and Development 
Department. 
 
 
 
a. 
Minimum 3-inch caliper large canopy, single-trunk, shade trees placed a 
minimum of 25 feet on center or equivalent groupings to provide a 
minimum of 75 percent shade on adjacent sidewalks.  
 
 
 
b. 
Drought tolerant shrubs and vegetative groundcovers. 
 
 
5. 
An enhanced landscaped entry shall be provided at the main entryway into the 
development off of the frontage road with a minimum 300 square feet of 
landscaped area on each side of the entrance. The landscaped areas shall be 
planted and maintained with a variety of at least three different plant materials, 
as approved by the Planning and Development Department. 
 
 
6. 
A minimum landscape setback of 20 feet shall be required along the west 
property line and along the frontage road. These landscape setbacks shall 
include minimum 3-inch caliper large canopy shade trees planted a minimum of 
20 feet on center or in equivalent groupings, as approved by the Planning and 
Development Department 
 
 
7. 
A minimum landscape setback of 20 feet shall be required along the south 
property line and shall include minimum 2-inch caliper trees planted a minimum 
of 20 feet on center or in equivalent groupings, as approved by the Planning and 
Development Department.  
 
 
8. 
There shall be a minimum of two private open space amenity areas. Each area 
shall provide, at a minimum, two of the following active amenity elements or 
other similar elements, as approved by the Planning and Development 
Department:  
 
 
 
a. 
Swimming Pool 
 
 
 
b. 
Fire Pit

Planning Commission Hearing - Minutes 
April 1, 2021 
 
109 of 116 
 
 
c. 
Pavilion or Ramada  
 
 
 
d. 
Barbecue and Picnic Area 
 
 
9. 
Perimeter walls adjacent to the frontage road and private drive to the north shall 
incorporate stone veneer, stonework, integral color CMU block or faux stone, 
and be compatible with the existing wall on the property line to the north, as 
approved by the Planning and Development Department. 
 
 
10. The developer shall submit a cross-access agreement prior to preliminary site 
plan approval for APN 204-23-001A to support future cross-access of Oberlin 
Way. 
 
 
11. All frontage improvements, access control and location of driveways shall be 
permitted and approved through ADOT. 
 
 
12. 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. 
 
 
13. The property owner shall record documents that disclose the existence, and 
operational characteristics of Phoenix Deer Valley Airport (DVT) 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. 
 
 
14. The developer must file FAA Form 7460 and provide City FAA’s no hazard 
determination prior to construction permit approval, as per plans approved by the 
Planning and Development Department. 
 
 
15. The developer shall grant and record an avigation easement to the City of 
Phoenix Aviation Department for the site, per the content and form prescribed by 
the City Attorney prior to final site plan approval. 
 
 
16. 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.  
 
 
17. 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.

Planning Commission Hearing - Minutes 
April 1, 2021 
 
110 of 116 
 
18. 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. 
 
 
19. 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. 
 
***