Attachment C - PHO Summary - PHO-2-21_Z-12-11-2.pdf

City of Phoenix — Formal (2021-08-25)

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REPORT OF PLANNING HEARING OFFICER ACTION 
Adam Stranieri, Planner III, Hearing Officer  
Bradley Wylam, Planner I, Assisting  
July 21, 2021 
ITEM NO: 1 
DISTRICT 2 
SUBJECT: 
Application #: 
PHO-2-21--Z-12-11-2 
Location: 
Approximately 1,320 feet south of the southeast corner of 
North Valley Parkway and Sonoran Desert Drive 
Existing Zoning: 
C-2 HGT/WVR NBCOD
Acreage:  
23.45 
Request: 
1) Review of site plan and elevations by the Planning
Hearing Officer per Stipulation 1.
2) Review of site plan and elevations by the North Gateway
Village Planning Committee per Stipulation 18
Applicant: 
Miandra Cash, EMC Management LLC 
Owner: 
The Novak Family LLC 
Representative: 
Alan Beaudoin 
ACTIONS 
Planning Hearing Officer Recommendation: The Planning Hearing Officer 
recommended approval with modifications and additional stipulations. 
Village Planning Committee (VPC) Recommendation: The North Gateway Village 
Planning Committee heard this request on July 8, 2021 and recommended approval by 
a vote of 6-0. 
DISCUSSION 
Jennifer Meyers, representative with Norris Design, gave an overview of the project 
location and land uses in the surrounding area. She stated that the request is to review 
site plan and elevations for a 240-unit single-story detached bungalow development per 
Stipulation 1. She stated that the proposed density is 10.23 dwelling units per gross 
acre, which is below the maximum allowable density. She stated that the main entry will 
align with Rancho Laredo Drive and there will be a secondary entry on the northwest 
portion of the site. She stated that there are many amenities including a fitness center, 
dog park, car washing station, and valet trash and recycling services. She noted that 
trees line the landscape setback adjacent to North Valley Parkway and shade the path 
there. She stated that the North Gateway Village Planning Committee (VPC) 
recommended approval with a request to obtain a copy of the project’s traffic impact 
statement. 
Attachment C

Planning Hearing Officer Summary of July 21, 2021 
Application PHO-2-21—Z-12-11-2 
Page 2 
 
Adam Stranieri, Planning Hearing Officer, stated that the intent behind the public 
hearing approval is due to the large size of the initial rezoning site and that there were 
no specific development plans for all individual development parcels at the time of the 
original approval. He stated that the proposal is compatible with the existing land use 
pattern in the surrounding area in terms of overall density. He noted that the elevations 
include multiple architectural features and building materials. He stated that he would 
modify Stipulation 1 to include general conformance to the proposed conceptual site 
plan and elevations. He stated the site is identified as archaeologically sensitive and 
would require additional stipulations regarding archaeological survey and testing 
requirements. He stated that the Street Transportation Department recommended an 
additional stipulation that roadway improvements be in conformance with the City of 
Phoenix Sonoran Wash Bridge Assessment Report and provided a summary of this 
report. 
 
FINDINGS 
 
1) The proposed conceptual site plan depicts a multifamily residential community 
consisting of 240 single-story detached bungalow units at a density of 10.23 
dwelling units per gross acre.  The units feature private yards and the community 
contains multiple amenities such as a gaming area, pool, open spaces, and 
pathways.  Proposed conceptual elevations feature multiple building materials 
and architectural features including decorative doors, stone veneers, pop outs, 
gable ornamentation and multiple colors.  The proposal is compatible with the 
existing land use pattern in the surrounding area. 
 
Stipulation 1 also contains a sub-stipulation regarding enhanced notification for 
development of Parcel No. 204-13-003T.  This parcel no longer exists.  However, 
at the time of rezoning it constituted the current Parcel Nos. 204-13-614 and 204-
13-615.  Parcel No. 204-13-614 is developed.  Parcel No. 204-13-615 is not 
within the subject property of this request and remains stipulated to this 
enhanced notification requirement.  There is no need to retain this language in 
this current recommendation as these parcels are off-site to the request. 
 
Stipulation 1 has been complied with and is recommended to be modified to 
establish a general conformance requirement to the proposed conceptual site 
plan and building elevations. 
 
2) Given the recommendation for approval with a modification to establish general 
conformance to a site plan in Stipulation 1, there is no need to retain Stipulation 
18.  Future development will be subject to stipulations and modification of these 
stipulations will necessitate public hearing which will be provided to the North 
Gateway Village Planning Committee for review.  This stipulation is now 
complied with and recommended to be deleted. 
 
3) The Street Transportation Department recommended an additional stipulation 
requiring that improvements be in conformance with the City of Phoenix Sonoran

Planning Hearing Officer Summary of July 21, 2021 
Application PHO-2-21—Z-12-11-2 
Page 3 
 
Wash Bridge Assessment Report dated June 30, 2021.  Since the original 
rezoning case was approved, a bridge assessment was conducted and approved 
in June 2021.  This study evaluated a bridge over North Valley Parkway and 
Skunk Creek.  The report assessed issues regarding the roadway becoming 
submerged in rain and resulting roadway closures.  This stipulation requires that 
any site plans accommodate the planned improvements. 
 
4) The site is identified as archaeologically sensitive and three additional 
stipulations are recommended to be included to address requirements for 
archaeological survey and testing requirements. 
 
5) The Floodplain Management Section noted that the proposed conceptual site 
plan depicts encroachment into the Floodway which is prohibited without 
hydrologic and hydraulic analysis showing no rise in water surface elevation (out 
to the hundredth) and no increase in special flood hazard area boundaries.  They 
also noted that the applicant may apply for a Conditional Letter of Map Revision 
(CLOMR) to change the special flood hazard area boundaries without impacting 
existing structures or adversely impacting other properties upstream, 
downstream or adjacent to the project. 
 
DECISION: The Planning Hearing Officer recommended approval with modifications 
and additional stipulations. 
 
STIPULATIONS 
 
SITE PLAN AND ELEVATIONS 
 
 
1. 
THE DEVELOPMENT SHALL BE IN GENERAL CONFORMANCE WITH 
THE SITE PLAN AND ELEVATIONS DATE STAMPED JUNE 3, 2021, AS 
MODIFIED BY THE FOLLOWING STIPULATIONS AND APPROVED BY 
THE PLANNING AND DEVELOPMENT DEPARTMENT. 
 
Conceptual site plan(s) and elevations shall be reviewed and approved by 
the Planning Hearing Officer through the public hearing process for 
stipulation modification prior to preliminary site plan approval as each 
parcel is to be developed. This is a legislative review for conceptual 
purposes only. Specific development standards and requirements may be 
determined by the Planning Hearing Officer and the Planning and 
Development Department. 
 
 
 
a. For development of parcel 204-13-003T the following shall be notified: 
 
• Sonoran Foothills Homeowners Association 
c/o Capital Consultants Management Company 
Attn: Board President

Planning Hearing Officer Summary of July 21, 2021 
Application PHO-2-21—Z-12-11-2 
Page 4 
 
8360 East Via De Ventura 
Scottsdale, AZ 85258 
 
• Property owners within one mile. 
 
 
TRAILS AND OPEN SPACE 
 
 
2. 
A 10-foot public multi-use trail shall be constructed within a 30-foot 
easement in accordance with City of Phoenix MAG Supplemental detail 
P1130 & P1131 and Section 429 of the Supplemental Specifications along 
Sonoran Desert Drive as approved by the Parks and Recreation 
Department and Planning and Development Department. 
 
 
3. 
A 10-foot shared use path shall be constructed within a 20-foot public 
sidewalk easement on the east side of North Valley Parkway as approved 
by the Parks and Recreation Department and Planning and Development 
Department. 
 
 
4. 
Property owners shall dedicate all rights-of-way and required easements 
(for streets, utilities, trail systems, and other open space where required). A 
multi­use trail easement shall be dedicated along the Skunk Creek Wash 
and Sonoran Wash as approved by the Parks and Recreation Department 
and the Planning and Development Department to provide connectivity 
through the site to adjacent open space and trail connections. 
 
 
STREET TRANSPORTATION 
 
 
5. 
The developer shall dedicate right-of-way totaling 70 feet for the south half 
of  Sonoran Desert Drive as approved by the Planning and Development 
Department. 
 
 
6. 
The developer shall dedicate right-of-way totaling 70 feet for the west and 
east halves of North Valley Parkway as approved by the Planning and 
Development Department. 
 
 
7. 
A 25-foot by 25-foot right-of-way triangle shall be dedicated at all corners of 
arterial/arterial and arterial/collector intersections as approved by the 
Planning and Development Department. 
 
 
8. 
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 
or modified by the Planning and Development Department. All 
improvements shall comply with ADA accessibility requirements.

Planning Hearing Officer Summary of July 21, 2021 
Application PHO-2-21—Z-12-11-2 
Page 5 
 
 
 
9. 
The applicant shall submit a Traffic Impact Study to the Street 
Transportation Department and the Planning and Development 
Department prior to preliminary site plan review. The applicant shall be 
responsible for any dedications and required improvements as 
recommended by the approved Traffic Impact Study and as approved or 
modified by the Planning and Development Department and the Street 
Transportation Department. 
 
 
10. 
Sufficient right-of-way shall be dedicated to accommodate bus-bays at all 
arterial/arterial intersections as approved by the Planning and 
Development Department. 
 
 
11. 
The developer shall complete and submit the Developer Project 
Information Form for the MAG Transportation Improvement Program to the 
Street Transportation Department at (602) 262-6193. This form is a 
requirement of the EPA to meet clean air quality requirements. 
 
 
12. 
REQUIRED RIGHT-OF-WAY, DRAINAGE EASEMENT, ACCESS 
CONTROL DEDICATIONS AND FLOOD PLAIN ENCROACHMENTS 
ALONG NORTH VALLEY PARKWAY SHALL BE IN CONFORMANCE 
WITH THE CITY OF PHOENIX SONORAN WASH BRIDGE 
ASSESSMENT REPORT DATED JUNE 30, 2021 AND AS APPROVED 
BY THE STREET TRANSPORTATION DEPARTMENT.  
 
 
SPECIAL PERMIT FOR THE DRIVEWAY ACCESS, MINE MAINTENANCE 
BUILDING, SCALE HOUSE (NOVAK GRANITE MINE) 
 
 
13. 
12. 
The scale house and mine maintenance building shall be buffered from 
view of adjacent parcels, wash locations, proposed Sonoran Preserve and 
North Valley  Parkway through the use of indigenous, drought tolerant 
trees a minimum of 2-inch caliper size and shrubs. The landscape shall be 
installed as recommended in the North Black Canyon Corridor Design 
Guidelines, and as approved by the Planning and Development 
Department. 
 
 
14. 
13. 
The approval of the Special Permit shall be removed through the legislative 
process and the use of the driveway access, scale house and the mine 
maintenance building shall be demolished and removed once the current 
non­conforming use (rock quarrying operation/granite mine) is terminated. 
 
 
OTHER 
 
 
15. 
The developer shall show the planned 69kV underground power lines on

Planning Hearing Officer Summary of July 21, 2021 
Application PHO-2-21—Z-12-11-2 
Page 6 
 
14. 
the site, landscape, and grading and drainage plans. All utilities and other 
construction shall be coordinated with the City and APS so as to not 
conflict with the planned power lines. 
 
 
16. 
15. 
The applicant shall 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. Further 
archaeological monitoring  and/or testing (trenching) may be necessary 
based on the results of the survey. 
 
 
17. 
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. 
 
 
18. 
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. 
 
 
19. 
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. 
 
 
20. 
16. 
Prior to final site plan approval, the property owner shall record documents 
that disclose to purchasers of the property within the development the 
existence and operational characteristics of the mining operation near the 
development, that it is an active mine, has the potential to be active seven 
days a week, 24 hours a day, and is anticipated to continue until the rock 
resources are exhausted, which could be for 20 or more years. The form 
and content of such documents shall be reviewed and approved by the 
Law Department. 
 
 
21. 
17. 
Access for the Novak mine operation shall be directed west through the 
City of Phoenix Transfer Station site to the Interstate 17 frontage road per 
a development agreement between all affected parties. 
 
 
18. 
Conceptual site plan(s) and elevations shall be reviewed by the North

Planning Hearing Officer Summary of July 21, 2021 
Application PHO-2-21—Z-12-11-2 
Page 7 
 
Gateway Village Planning Committee for recommendation prior to review 
and approval by the Planning Hearing Officer. 
 
 
 
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.  Please contact the 
Planning and Development Department, Tamra Ingersoll at voice number 602-534-6648 
or TTY use 7-1-1.