Attachment E - PC Summary - Z-59-22-1.pdf

REPORT OF PLANNING COMMISSION ACTION 
May 4, 2023 
ITEM NO: 3 
DISTRICT NO.: 1
SUBJECT:
Application #: 
Z-59-22-1 (Home at Happy Valley PUD)
Location: 
Approximately 320 feet north of the northwest corner of 17th Avenue and 
Happy Valley Road 
From: 
S-1 and C-2
To:
PUD
Acreage:
8.00
Proposal: 
Planned Unit Development to allow multifamily residential 
Applicant: 
Shelter Asset Management 
Owner: 
Red Hawk Partners, LLC, et al. 
Representative: 
Benjamin Graff, Quarles & Brady, LLP 
ACTIONS: 
Staff Recommendation: Approval, subject to stipulations. 
Village Planning Committee (VPC) Recommendation: 
Deer Valley 2/9/2023 Information only - No quorum.  
Deer Valley 4/20/2023 Recommendation - No quorum.  
Planning Commission Recommendation: Approval, per the staff recommendation. 
Motion Discussion: N/A 
Motion details: Commissioner Gaynor made a MOTION to approve Z-59-22-1, per the staff 
recommendation. 
 
Maker: Vice-Chair Gaynor 
 
Second: Gorraiz 
Vote: 5-3 (Busching, Perez, and Simon) 
Absent: Mangum 
 
Opposition Present: Yes 
Findings: 
1.
The proposal would allow multifamily residential, which is compatible with proposed
land uses to the west and is consistent with the proposed General Plan Land Use Map
designation of Residential 15+ dwelling units per acre.
2.
The proposal, as stipulated, protects the character of the surrounding area by
providing additional landscape setbacks, open space, and limiting height adjacent to
single-family residential properties to the north.
3.
The subject site is appropriate for residential uses at the proposed densities and
provides new housing opportunities in the Deer Valley Village and in close proximity to
employment uses.
ATTACHMENT E

Stipulations: 
 
1. 
An updated Development Narrative for the Home at Happy Valley PUD reflecting the 
changes approved through this request shall be submitted to the Planning and 
Development Department within 30 days of City Council approval of this request. The 
updated Development Narrative shall be consistent with the Development Narrative 
date stamped April 4, 2023, as modified by the following stipulations: 
 
 
 
a. 
Front cover: Revise the date information on the cover page to the following:  
 
City Council Adopted: [Add Adoption Date] 
 
 
2.  
A minimum of 30 feet of right-of-way shall be dedicated for the west side of 17th 
Avenue, as approved by the Planning and Development Department. 
 
 
3.  
The applicant shall submit a Traffic Impact Study to the City for this development. The 
developer shall be responsible for cost and construction of all mitigation identified 
through the analysis. No preliminary approval of plans shall be granted until the study 
is reviewed and approved by the Street Transportation Department. 
 
 
4. 
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. 
 
 
5. 
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. 
 
 
6. 
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. 
 
 
7. 
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 Angie 
Holdsworth at (602) 495-5622, TTY use 7-1-1.