Attachment C - VPC Summary - Z-11-22-5.pdf

City of Phoenix — Formal (2022-07-01)

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Attachment C 
City of Phoenix • Planning & Development Department 
200 West Washington Street, 3rd Floor • Phoenix, Arizona  85003-1611 • (602) 262-6882 
REVISED [May 26, 2022]
Village Planning Committee Meeting Summary 
Z-11-22-5
Date of VPC Meeting 
May 11, 2022 
Request From:  
RE-35   
Request To:  
R1-18  
Proposed Use:  
Single-family residential 
Location 
Northeast corner of 107th Avenue and 
Missouri Avenue 
VPC Recommendation 
Approval, per the staff recommendation with a deleted 
stipulation.  
VPC Vote 
5-1-1
VPC DISCUSSION: 
Committee Member Christopher Demarest left during this item and Committee Member 
Alvin Battle entered, bringing quorum to 7. 
This item was heard out of order and was heard after Agenda Item No. 4.  
There were 2 members of the public who registered to speak for this item, in opposition. 
Sarah Stockham, staff, presented an overview for rezoning case Z-11-22-5. Ms. 
Stockham discussed the location of the site, the requested zoning designation, the 
surrounding land uses, and the General Plan Land Use Map designation of Residential 
1 to 2 dwelling units per acre. Ms. Stockham displayed the proposed site plan and 
elevations and noted the enhanced landscaping along 107th Avenue and Missouri 
Avenue and the disclosure of ranchette activities in the neighborhood. Ms. Stockham 
informed the committee that four letters of opposition had been received from the 
community and concluded the presentation by providing the staff findings, the 
recommendation of approval, and describing the proposed stipulations for rezoning 
case Z-11-22-5.  
Dave Maguire and Lou Turner, the applicants with Hillstone Homes, provided an 
overview of the proposed rezoning application Z-11-22-5. Mr. Maguire displayed the 
proposed site plan and noted the lot line alignments between the proposed residential 
lots and the large lots to the north. Mr. Turner displayed the building elevations of the 
proposed housing product and noted that all homes would be Energy Star rated. Mr.

City of Phoenix • Planning & Development Department 
200 West Washington Street, 3rd Floor • Phoenix, Arizona  85003-1611 • (602) 262-6882 
Maguire stated the proposed development would require a 40-foot dedication on 107th 
Avenue and described the proposed entries on 107th Avenue and Missouri Avenue. Mr. 
Maguire ended his presentation by stating that possible purchasers will see the 
ranchette character of the neighborhood and the disclosure would allow the surrounding 
properties to continue to enjoy their agricultural lifestyle.  
 
Questions from the committee:  
Chair Derie asked staff about the origin of Stipulation No. 13 regarding the proposed 
bus pad located on 107th Avenue. Ms. Stockham stated that Stipulation No. 13 was 
provided by the Public Transit Department.  
 
Vice Chair Jeff O’Toole stated that there had been some concerns with the proposed 
entrance located on Missouri Avenue and asked the applicant to provide any feedback 
that they had received. Vice Chair O’Toole added that he would like to know how the 
applicant would mitigate the concerns. Mr. Maguire stated that a traffic impact 
statement was submitted with the zoning application and that two entrances would 
alleviate the traffic from the subdivision. Mr. Maguire added that the location of the 
Missouri Avenue entrance was located closer to the middle of the subdivision boundary 
because a portion of the open space was located on the southwest corner. 
 
Ms. Oviedo asked the applicant why they were requesting the rezoning change. Mr. 
Maguire stated that the rezoning request was needed for the site to be developed. Mr. 
Maguire added that building houses on one-acre lots would not be economically 
feasible due to the cost of construction and the addition of services such as water, 
sewer, and roads and noted that the proposed subdivision would lessen the housing 
shortage. Ms. Oviedo asked if the proposed density was higher than the established 
density on the site. Mr. Maguire stated that the proposed density is higher than the 
established density because it would not be economically feasible to develop the site 
with the current density under the RE-35 zoning designation. Ms. Oviedo asked if the 
proposed houses within the subdivision would have electric charging stations. Mr. 
Maguire stated that they do offer house purchasers the option to have electric charging 
added to their garage.  
 
Chair Gene Derie stated that even though he is a strong advocate for public 
transportation, he did not support Stipulation Number 13 regarding the bus pad on 
107th Avenue because it was located on a dead-end street.  
 
Public Comment:  
Sara Hylton stated that the neighborhood has a unique character with donkeys, horses, 
other farm animals, and white pipe fences that create a large open atmosphere. Ms. 
Hylton added that the flood irrigation in the area allowed for lush lawns and added that 
the proposed development would be in the middle of the neighborhood with luxury 
homes and brick walls. Ms. Hylton stated that the proposed houses would be taller than 
the existing houses in the area and that the proposed entrance on 107th Avenue would 
increase traffic. Ms. Hylton ended her comment by urging the committee members to 
analyze the surrounding character of the area and stated her opposition to the zoning 
change.  
 
Bonnie Conrad stated that she valued the country atmosphere of the neighborhood 
with livestock and irrigated areas and was against the gated community. Ms. Conrad 
added that the proposed development would increase traffic congestion on 107th

City of Phoenix • Planning & Development Department 
200 West Washington Street, 3rd Floor • Phoenix, Arizona  85003-1611 • (602) 262-6882 
Avenue and that the proposed bus pad did not make sense since 107th Avenue was a 
dead-end street to the north. Ms. Conrad stated that the matching lot alignment of the 
north lots would result in houses closer to the large lot homes and added that she would 
like all the lots to be a minimum of a quarter acre in size. Ms. Conrad added that she 
was opposed to the recreational vehicle garages and the proposed height of the 
elevations. Ms. Conrad ended her comment by stating that all the CC&Rs in the area 
require white pipe fences and that she was completely against the brick walls within the 
proposed subdivision.  
 
Mr. Turner stated that the proposed subdivision would add to the diversity of    
housing choices, that the proposal would fit well in the neighborhood, and added that 
the traffic report stated that the City perceives a low forecast of traffic volumes and that 
the development would not cause any detrimental impacts to the surrounding 
properties. Mr. Turner stated that the proposal would only be 41 lots and that the RV 
garage would also be stipulated to the 21-foot height limitation stipulation and added 
that the Missouri Avenue entrance is designed with a large turnaround to alleviate the 
traffic. Mr. Maguire added that the proposed lots were all about a quarter acre in size 
and that they did not suspect any parking to occur within the development. Mr. Maguire 
stated that each house had a three-car garage with a three-car driveway and that if 
visitors did need to park in the private streets, then they could contact the HOA. Mr. 
Maguire concluded that people would be discouraged to park on Missouri Avenue as it 
would require walking into the gated development and added that there would be plenty 
of parking available inside for residents and visitors.  
 
Committee Discussion:  
Vice Chair O’Toole stated that he had received mixed feedback regarding the brick 
wall and stated that some were in favor of the wall since it would minimize the direct 
view of any livestock. Vice Chair O’Toole asked the applicant what the feedback was for 
the brick walls in the proposed development. Mr. Maguire stated that he had not 
received any feedback regarding the gated aspect of the subdivision but rather the type 
of fencing that was proposed and added that the brick wall would minimize any 
ranchette concerns.  
 
Ms. Oviedo asked the applicant if a multifamily residential development had been 
considered for this site. Mr. Turner stated that any multifamily residential development 
would require a higher density designation and that the requested R1-18 zoning did not 
allow for multifamily development.  
 
Chair Derie shared his disagreement with Stipulation No. 13 from the Public 
Transportation Department regarding the proposed bus pad on 107th Avenue.  
 
Vice Chair O’Toole stated that he appreciated that the applicant did not come with a 
high-density multifamily development proposal but rather something that was 
compatible with the surrounding character including the proposed height. Vice Chair 
O’Toole added that he understood that people want a livestock character, but the 
applicant did put the effort into making the proposed subdivision compatible to the 
surrounding land uses.  
 
Motion:

City of Phoenix • Planning & Development Department 
200 West Washington Street, 3rd Floor • Phoenix, Arizona  85003-1611 • (602) 262-6882 
Vice Chair Jeff O’Toole motioned to recommend approval of Z-11-22-5 per the staff 
recommendation with a modification to delete Stipulation No. 13. Alvin Battle seconded 
the motion.  
Vote:  
5-1-1, Motion to approve with a deleted stipulation passed with Committee Members 
Battle, DuBose, Valenzuela, O’Toole, and Derie, in favor and Committee Member 
Garcia in opposition, and Committee Member Oviedo abstaining.  
 
Stipulations:  
 
1.  
The development shall be in general conformance with the conceptual site plan date stamped 
February 22, 2022, as modified by the following stipulations and approved by the Planning 
and Development Department. 
 
 
2.  
All lots in the development shall be subject to Single-Family Design Review. 
 
 
3. 
The maximum building height shall be 21 feet. 
 
 
4. 
The landscape setback along 107th Avenue and Missouri Avenue shall be 
planted with a minimum 75% 2-inch caliper trees and minimum 25% 3-inch 
caliper or multi-trunk trees, as approved by the Planning and Development 
Department 
 
 
5. 
A minimum of 10% percent of the gross site area shall be retained as common 
area, as approved by the Planning and Development Department. 
 
 
6.  
The common open space area shall provide a minimum of 3 active recreational elements, 
such as, but not limited to, playground sets, ramadas, or a barbeque area, as approved by 
the Planning and Development Department. 
 
 
7.  
All sidewalks shall be detached with a minimum 5-foot-wide landscaped strip 
located between the sidewalk and back of curb and shall include minimum 2-inch caliper 
single-trunk shade trees, 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 by the Planning and Development Department. 
All improvements shall comply with all ADA accessibility standards. 
 
 
9. 
The developer shall dedicate minimum 40-feet of right-of-way and construct the east side of 
107th Avenue, as approved by the Planning and Development 
Department. 
 
 
10. 
The developer shall dedicate minimum 30-feet of right-of-way and construct the north side of 
Missouri Avenue, as approved by the Planning and Development Department. 
 
 
11. 
The developer shall underground existing electrical utilities within the public right-of-way that 
are impacted or those that require relocation as part of the project. The developer shall be 
responsible for coordinating with affected utilities for review and permitting. 
 
 
12.  
The developer shall underground all existing irrigation facilities along 107th 
Avenue outside of City of Phoenix right-of-way. The developer shall contact SRP to identify 
existing land rights and establish the appropriate process to relocate facility. Relocations that 
require additional dedications or land transfer require completion prior to obtaining plat and/or 
civil plan review approval. 
 
 
13. 
A bus stop pad shall be constructed along northbound 107th Avenue. The design shall be 
according to City of Phoenix Standard Detail P1260 with a depth of 10 feet and located 
from the intersection of Missouri Avenue according to City of Phoenix Standard Detail

City of Phoenix • Planning & Development Department 
200 West Washington Street, 3rd Floor • Phoenix, Arizona  85003-1611 • (602) 262-6882 
P1258. 
 
 
14.  
13. 
Prior to final site plan approval, the property owner shall record documents that disclose 
to purchasers of property within the development(s) the existence and operational 
characteristics of nearby existing ranchettes and animal privilege private properties that 
may cause adverse noise, odors, dust, and other externalities 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. The disclosures shall be noted in 
the CC&Rs in a section titled “nuisances”. 
 
 
15. 
14. 
The developer shall provide a No Hazard Determination for proposed 
development for the FAA pursuant to the FAA’s Form-7460 obstruction analysis review 
process, prior to Planning and Development Department’s preliminary plat approval. 
 
 
16. 
15. 
The developer shall dedicate to the City of Phoenix an avigation easement for the site, per 
the form and content prescribed by the City Attorney, prior to 
Planning and Development Department preliminary plat approval. The developer shall also 
dedicate and record an avigation easement in favor of the City of Glendale in the form 
submitted to the City of Phoenix. The avigation easements shall be noted in the CC&Rs in a 
section titled “airport nuisances”. 
 
 
17. 
16. 
The property owner shall record documents that disclose the existence, and 
operational characteristics of Glendale Airport to future owners and 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, and in accordance 
with State law requiring airport disclosure. 
 
 
18.  
17. 
The developer’s engineer of record shall certify and note on the preliminary and final plats as 
well as relevant construction drawings that the proposed residential construction shall 
achieve a maximum interior noise level of 45 decibels (DNL). 
 
 
19. 
18. 
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. 
 
 
20.  
19. 
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. 
 
 
21. 
20. 
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. 
 
 
22. 
21. 
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. 
 
Staff comments regarding VPC Recommendation:  
None.