Attachment C - PHO Summary - PHO-1-21--Z-36-18-2.pdf
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REPORT OF PLANNING HEARING OFFICER ACTION Adam Stranieri, Planner III, Hearing Officer Danielle Jordan, Planner I, Assisting March 17, 2021 ITEM NO: 2 DISTRICT 2 SUBJECT: Application #: PHO-1-21--Z-36-18-2 Location: Southeast corner of Tatum Boulevard and Grovers Avenue Existing Zoning: R1-10, R-2 Acreage: 121.73 Request: 1) Modification of Stipulation 3 restricting lots along Grovers Avenue and 52nd Street to one-story and 15 feet in height. Applicant: Withey Morris, PLC Owner: DR Horton, Inc. Representative: Benjamin Tate, Withey Morris, PLC ACTIONS Planning Hearing Officer Recommendation: The Planning Hearing Officer recommended approval. Village Planning Committee (VPC) Recommendation: The Paradise Valley Village Planning Committee heard this case on March 1, 2021 and recommended approval by a vote of 14-3. DISCUSSION Benjamin Tate with Withey Morris, PLC representing the applicant DR Horton, Inc., provided an overview of the request. He stated the site is on approximately 122 acres located at the southeast corner of Tatum Boulevard and Grovers Avenue. The site was rezoned to R1-10 and R-2 by DR Horton in 2018 for the development of Arabella, a subdivision with varying lot sizes. The request is the modification of Stipulation 3, which restricts lots along Grovers Avenue and 52nd Street to one-story and 15 feet in height, to permit a maximum height of one story and 17 feet 6 inches. He stated that Stipulation 3 was originally intended to mitigate privacy concerns and protect views for surrounding neighbors. He continued that at the time of the original rezoning request DR Horton did not have a one-story product for the 80-foot-wide lots. After finalizing the home designs, it was determined that the 15-foot height limit did not allow adequate space for the HVAC equipment on the larger homes. He noted that only one of the six Attachment C Planning Hearing Officer Summary of March 17, 2021 Application PHO-1-21--Z-36-18-2 Page 2 proposed elevations reached the proposed maximum height of 17 feet 6 inches and that the existing one-story restriction will remain in place. Adam Stranieri stated that the elevations provided in the original case were not stipulated, but there were three other stipulations regarding the home designs. Specifically, Stipulation 3 restricting the height, Stipulation 6 requiring single- family design review and other design elements in Stipulation 8. The site plan that was stipulated had the 80-foot wide lots and that is what is currently platted on the site. Mr. Stranieri asked Mr. Tate to clarify a statement made at the Paradise Valley Village Planning Committee hearing regarding the six elevations that were presented. Mr. Stranieri noted that there were 45 different elevations submitted as part of the PHO application, of which 11 would comply with the original stipulation and only four were between 17 feet and 17 feet 6 inches in height. He asked if the impacted lots could hypothetically be developed with any of the elevation options. Mr. Tate stated that they had submitted elevations for the entire 121-acre development, not just the 80-foot wide lots. The six elevations that were shown in the presentation are the elevation options for the 80-wide lots. He stated that it was possible but unlikely that the smaller footprint elevations provided would be developed on these larger lots. Patrick Brown with DR Horton Inc. explained that some of the elevations are for duplexes and two-story residences which would not be permitted on these lots, and the six elevations for the 80-foot wide lots would be the most likely home designs to be developed on the 80-foot wide lots. Mr. Stranieri stated that the stipulation modification is not intended to require a maximum height. He stated that of the six elevations, only one is in the range of 17 feet to 17 feet 6 inches and of the larger set of elevations, even fewer. Overall, the intent of the stipulation was about privacy and the change in height is modest. Additionally, none of the other stipulations regarding home design are changing. FINDINGS 1) The original rezoning case established three stipulations of approval regarding elevations: Stipulation 3 (height), Stipulation 6 (compliance with Single-Family Design Review requirements), and Stipulation 8 (design elements including architectural relief, windows, and porches). There was no general or substantial conformance requirement to specific elevations as the drawings provided during the case review were preliminary. Planning Hearing Officer Summary of March 17, 2021 Application PHO-1-21--Z-36-18-2 Page 3 2) The applicant is requesting a modification to Stipulation 3 to increase the maximum permitted height for lots along Grovers Avenue and 52nd Street from one story and 15 feet in height to one story and 17 feet and 6 inches in height to allow some home designs that require an increased attic space for HVAC equipment. The applicant provided 45 total elevation designs that will be utilized in the development. 11 of these elevations would comply with the original stipulation. 19 elevations are between 15 and 16 feet in height. 11 elevations are between 16 and 17 feet in height. Four elevations (6525 A, B, C, and F) are between 17 feet and 17 feet and 6 inches in height. The applicant noted in the hearing that from this group, there are six primary elevations, with related variations, that are intended for use on the larger 80-foot wide lots in the impacted areas. The actual heights on these elevations also vary between 14 feet and 17 feet and 6 inches in height. The impact of the requested modification would be to allow any of these elevations to be utilized on the impacted lots. 3) The proposed maximum height of one story and 17 feet and 6 inches remains more restrictive than the two stories and 30 feet in height otherwise permitted in the R1-10 zoning district. The proposed increase above the original stipulated height is modest and would permit a greater diversity of architecture and elevations along the perimeter and allow designs that accommodate the necessary equipment for some homes’ larger footprints. No modifications are proposed to Stipulations 6 and 8 which govern architecture and design elements. The applicant’s request is recommended to be approved. DECISION: The Planning Hearing Officer recommended approval. STIPULATIONS 1. The development shall be in general conformance with the site plan and circulation plan date stamped August 10, 2018, except as modified by the following stipulations and as approved by the Planning and Development Department: a. A minimum of 20% of the gross site area shall be retained as open space. b. The concrete trail shall be a minimum of 8-feet in width. 2. Full view fencing shall be utilized along 52nd Street and Grovers Avenue where common tracts abut the perimeter of the subdivision, adjacent to internal streets and open space, as approved by the Planning and Development Department. Planning Hearing Officer Summary of March 17, 2021 Application PHO-1-21--Z-36-18-2 Page 4 3. All lots along Grovers Avenue and 52nd Street shall be limited to one story and 15 17 feet AND 6 INCHES in height, as approved by the Planning and Development Department. 4. A minimum 25-foot landscape setback with minimum 2-inch caliper trees placed 20 feet on center or in equivalent groupings shall be provided along Grovers Avenue and 52nd Street, as approved by the Planning and Development Department. 5. The developer shall provide a minimum of two amenity areas. The amenity areas shall be a minimum of one acre in size and provide at least three of the following active recreational elements or other similar elements, as approved by the Planning and Development Department: a. Swimming pool b. Tot lot c. Barbecue and picnic areas d. Game courts e. Lawn or turf, putting green f. Pavilions or ramadas 6. The single-family detached product shall comply with the Single-Family Design Review standards, regardless of lot size as, outlined in Section 507.Tab A.II.C.8.1 through 8.4 of the Phoenix Zoning Ordinance and as approved by the Planning and Development Department. 7. A shade tree shall be planted in every front yard within 10 feet of the sidewalk, as approved by the Planning and Development Department. 8. The single-family detached and attached elevations shall incorporate the following elements, as approved by the Planning and Development Department. a. Every 20 linear feet on each story there shall be an architectural embellishment, structural relief, window or similar, as approved by the Planning and Development Department. b. All windows shall either be recessed a minimum of 2 inches or have a decorative pop-out at a minimum of 2-inches on all four sides of the home, as approved by the Planning and Development Department. Planning Hearing Officer Summary of March 17, 2021 Application PHO-1-21--Z-36-18-2 Page 5 c. Covered porches a minimum of sixty square feet in area shall be provided in the front yard of 50% of the homes that are offered in the subdivision. No porch shall terminate within the plane of a door or window. 9. The attached single-family development shall be in general conformance with the Duplex Lot Staggering Exhibit, date stamped August 10, 2018, as approved by the Planning and Development Department. 10. The developer shall dedicate a one foot Vehicular Non-Access Easement (VNAE) along the eastern perimeter of the site, with an allowance for a maximum of one, 20-foot wide emergency access point to 52nd Street, as approved by the Planning and Development Department. 11. Right-of-way totaling 40 feet shall be dedicated for the south half of Grovers Avenue for the first 150 feet east of Tatum Boulevard. Right-of-way tapering from 40 feet to 30 feet shall be dedicated for the next 150 feet, with 30 feet of dedication for the remainder of the street, as approved by the Planning and Development Department. 12. Right-of-way totaling 40 feet shall be dedicated for the west half of 52nd Street for the first 150 feet north of Bell Road. Right-of-way tapering from 40 feet to 30 feet shall be dedicated for the next 150 feet, with 30 feet of dedication for the remainder of the street, as approved by the Planning and Development Department. 13. A 20-foot right-of-way radius shall be dedicated at the southwest corner of Grovers Avenue and 52nd Street, as approved by the Planning and Development Department. 14. 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. 15. 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 study, as approved by Planning and Development Department and the Street Transportation Department. 16. The property owner shall record documents that disclose the existence, and operational characteristics of Scottsdale Municipal Airport (SDL) to future owners or tenants of the property. The form and content of such documents Planning Hearing Officer Summary of March 17, 2021 Application PHO-1-21--Z-36-18-2 Page 6 shall be according to the templates and instructions provided which have been reviewed and approved by the City Attorney. 17. 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. 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.