Attachment B - VPC Rec Form - PHO-1-21--Z-36-18-2.pdf

City of Phoenix • Planning & Development Department 
200 West Washington Street, 3rd Floor • Phoenix, Arizona 85003-1611 • (602) 262-6882 
Village Planning Committee Meeting Summary 
PHO-1-21--Z-36-18-2 
Date of VPC Meeting 
March 1, 2021 
Planning Hearing Officer 
Hearing Date 
March 17, 2021 
Request 
1) Request modification of Stipulation No. 3
restricting lots along Grovers Avenue and 52nd
Street to one-story and 15 feet in height.
Location 
Southeast corner of Tatum Boulevard and Grovers 
Avenue 
VPC Recommendation 
Approval of PHO Case No. PHO-1-21--Z-36-18-2. 
VPC Vote 
14-3 with committee members Balderrama, Belous,
Cantor, Cashman, Goodhue, Maggiore, Mazza, Severs,
Sparks, Stewart, Ulibarri, Ward, Wise, and Lesher in
favor. Committee members Enright, Gerst and
Mortensen not in favor.
VPC DISCUSSION & RECOMMENDATION: 
1 speaker card was submitted in opposition, wishing to speak 
Mr. David Simmons, staff, provided an overview of the request to include background 
on the original public opposition related to the intent of Stipulation No. 3, which limited 
the homes along Grovers and 52nd Street to one story and 15 feet. He explained that 
the current request does not deviate from the original intent as the applicant is asking 
for additional height to accommodate HVAC equipment and a higher pitched roof due to 
larger home footprints. He explained that the lots along Grovers are larger, resulting in a 
larger building envelopes.  
Mr. Rob Goodhue asked staff what the building heights are for the existing homes 
adjacent to Grovers.  
Mr. Simmons shared that he was unsure of the exact height of the homes across 
Grovers.    
Mr. Benjamin Tate, with Withey Morris, PLC, representing the applicant, went over the 
request to include the history of the original stipulation, public comments resulting in the 
stipulation and explained how the City of Phoenix measures building height. He 
explained that the lot sizes abutting Grovers are larger in size than the interior lots, 
Attachment B

City of Phoenix • Planning & Development Department 
200 West Washington Street, 3rd Floor • Phoenix, Arizona 85003-1611 • (602) 262-6882 
resulting in a larger building envelope. The larger footprints of the homes require a 
higher pitched roof, which would exceed the 15 feet stipulated in the original case. He 
also explained that there are six housing options for the larger lots, five of which exceed 
15 feet mid roofline. He explained that a lower pitched roof on the larger footprints 
would not be able to accommodate HVAC equipment.  
 
Ms. Toby Gerst asked if the homes on the perimeter are the only homes affected. She 
also asked if the proposed increase in height would adversely affect existing 
homeowners’ views across Grovers. 
 
Mr. Tate asked staff to go back to slide 4 of the applicant’s presentation which depicts 
how far the existing homes across Grovers are. He explained due to the distance, the 
view corridors would not be adversely impacted to a great extent. He explained line of 
sight from existing homes.  
 
Mr. Robert Goodhue asked if this is a 30-foot distance. He asked the applicant to 
clarify if the peak heights and ridge lines would obstruct views of existing homes along 
Grovers. 
 
Ms. Anita Mortensen asked what the square footage of the proposed homes are that 
would require a higher pitch and how many.  
 
Mr. Tate stated that the proposed homes requiring a higher pitched roof are between 
3000 and 3500 square feet. He explained only a handful of those homes would require 
a maximum height of 24 feet at top of ridge. He explained that as the homes get larger, 
the higher the peak height. He reiterated that the City of Phoenix measures height from 
mid ridge, nor top of ridge.   
 
Mr. Bob Enright stated that if this is only affecting a few homes, why not eliminate this 
home option and utilize an existing option that complies with the existing stipulation 
language.  
 
Mr. Tate shared that the perimeter lots along Grovers are larger lots, resulting in a 
larger building envelope, which also results in a higher pitched roof. He reiterated that 
there are six home options for these larger lots and five of those options exceed the 15-
foot maximum outlined in the existing stipulation language.  
 
Mr. Goodhue asked why DR Horton agreed to the original stipulation language at time 
of entitlement if the homes are not going to be in compliance with the stipulation 
language agreed upon.  
 
Mr. Tate explained that the overall development is quite large, and the homes were not 
platted at time of original entitlement.  
 
Public Comment:  
 
Mr. Jim Kemmeries stated that he appreciates the detailed explanation offered in the 
applicant’s presentation. However, he shared that he does have concerns with 
proposed heights. He asked what number of trees are being planted along Grovers. He 
also asked if this request were not to be approved, would DR Horton build smaller 
homes on the larger lots.

City of Phoenix • Planning & Development Department 
200 West Washington Street, 3rd Floor • Phoenix, Arizona 85003-1611 • (602) 262-6882 
 
Ms. Toby Nanette stated that if only one model requires changes, why use that option? 
She shared that she feels uneasy about the proposed increase in height.  
 
Mr. Brian Ahearn asked why the 5 to 12 pitch? He stated that this has nothing to do 
with HVAC system equipment fitting in the attics.  
 
Applicants Response:  
 
Mr. Benjamin Tate Stated that this is not about one model, but five out of the six 
models proposed along Grovers. He shared that the home styles on the perimeter lots 
require the stipulation modification. He also shared that the block wall is addressed in 
the original approval. He shared that the pitches are a typical standard pitch.  
 
VPC Discussion:  
 
Ms. Toby Gerst asked how many homes will require the change?  
 
Mr. Benjamin Tate shared that in total, 37 homes will require the change.  
 
Mr. Robert Goodhue stated that the applicant said they are going to limit the perimeter 
homes to one-story, which meets the intent of the original stipulation language.  
 
Mr. Roy Wise shared that he used to be able to see mountains from his home, but due 
to inevitable development and growth these views have been compromised. He shared 
that all views will be obstructed eventually, either by tree growth, new construction or 
the like.  
 
Mr. Paul Severs shared that he concurs with Mr. Wise.  
 
Ms. Anita Mortensen shared her perspective as well.  
 
Mr. Bob Enright shared that he remembers this case coming before the committee in 
2018 and recalls the case being extremely contentious. He does not feel that this 
request in front of the committee today should be approved.  
 
Mr. Goodhue stated that the intent of the original stipulation was to limit the homes to 
single-story, which is not changing if the request is approved.  
 
Vice Chair Joe Lesher shared that he lives in this neighborhood and has so for many 
years. He shared that he and his wife loved the old ranch that was formerly on the site 
but knew that the ranch would eventually be developed. He stated that he was surprised 
that it took this long to develop. He also shared that the surrounding community was 
very involved in the redevelopment process and had ample opportunity to offer input 
and suggestions to the developer, which the developer took seriously as many of the 
community concerns were addressed in the site design. He shared that the DR Horton 
development is much better than what was originally proposed for the site. He shared 
that with the required street improvements on Grovers, the existing homes will be quite 
a way away from the proposed homes, which reduces the possibility of view 
obstructions from existing neighbors. He stated that this request was only proposing a

City of Phoenix • Planning & Development Department 
200 West Washington Street, 3rd Floor • Phoenix, Arizona 85003-1611 • (602) 262-6882 
slight increase in height and would not make a significant negative impact on existing 
homeowners.  
 
MOTION:  
Mr. Robert Goodhue made a motion to recommend approval of Rezoning Case No. 
PHO-1-21--Z-36-18-2.   
Mr. Roy Wise seconded the motion. 
VOTE: 
14-3 with committee members Balderrama, Belous, Cantor, Cashman, Goodhue, 
Maggiore, Mazza, Severs, Sparks, Stewart, Ulibarri, Ward, Wise, and Lesher in favor. 
Committee members Enright, Gerst and Mortensen not in favor.  
 
 
STAFF COMMENTS REGARDING VPC RECOMMENDATION: 
 
NA