Attachment D - PC Summary - Z-51-20-2

City of Phoenix — Formal (2021-04-21)

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ITEM NO: 9 
DISTRICT NO.: 2
SUBJECT:
Application #: 
Z-51-20-2
Location: 
Approximately 4,000 feet north of the northeast corner of Black 
Canyon Highway and Jomax Road 
From:
S-1
To:
R-3A
Acreage:
20.08
Proposal: 
Single-family residential 
Applicant: 
Chuck Chisholm, K Hovnanian Homes 
Owner: 
Fred Bishop, et al 
Representative: Nick Wood, Esq. Snell & Wilmer, LLP 
ACTIONS: 
Staff Recommendation:  Approval, subject to stipulations. 
Village Planning Committee (VPC) Recommendation: 
Deer Valley 3/11/2021 Lost quorum, no recommendation. 
Planning Commission Recommendation: Approval, per the staff recommendation, with 
an additional stipulation. 
Motion Discussion: N/A 
Motion details: Commissioner McCabe made a MOTION to approve Z-51-20-2, per the 
staff recommendation, with the additional stipulation as read into the record.  
 
Maker: McCabe 
 
Second: Mangum 
Vote:7-0-1 (Shank conflict) 
 
 
Absent: Johnson 
Opposition Present: Yes (May have registered in error)  
Findings: 
1.
The request is consistent with the General Plan Land Use Map designation of
Mixed Use (Commerce/Business Park or 15+ dwelling units per acre).
2.
As stipulated, the proposed development is compatible with the existing zoning
and uses in the surrounding area.
3.
The proposal will help achieve the goals of the Housing Phoenix Plan.
Attachment D
REPORT OF PLANNING COMMISSION ACTION 
April 1, 2021

Stipulations: 
 
1. 
The maximum building height shall be 30 feet. 
 
 
2. 
The development shall be limited to a maximum of 285 units. 
 
 
3. 
All elevations of the buildings shall contain architectural embellishments and 
detailing such as textural changes, pilasters, offsets, recesses, variation in 
window size and location, and/or overhang canopies, as approved by the 
Planning and Development Department. 
 
 
4. 
A sidewalk and landscaping strip shall be provided along the Black Canyon 
Freeway Frontage Road and shall be detached with a minimum five-foot-wide 
landscape area located between the sidewalk and back of curb and planted to 
the following standards, as approved by the Planning and Development 
Department. 
 
 
 
a. 
Minimum 3-inch caliper large canopy, single-trunk, shade trees placed a 
minimum of 25 feet on center or equivalent groupings to provide a 
minimum of 75 percent shade on adjacent sidewalks.  
 
 
 
b. 
Drought tolerant shrubs and vegetative groundcovers. 
 
 
5. 
An enhanced landscaped entry shall be provided at the main entryway into the 
development off of the frontage road with a minimum 300 square feet of 
landscaped area on each side of the entrance. The landscaped areas shall be 
planted and maintained with a variety of at least three different plant materials, 
as approved by the Planning and Development Department. 
 
 
6. 
A minimum landscape setback of 20 feet shall be required along the west 
property line and along the frontage road. These landscape setbacks shall 
include minimum 3-inch caliper large canopy shade trees planted a minimum of 
20 feet on center or in equivalent groupings, as approved by the Planning and 
Development Department 
 
 
7. 
A minimum landscape setback of 20 feet shall be required along the south 
property line and shall include minimum 2-inch caliper trees planted a minimum 
of 20 feet on center or in equivalent groupings, as approved by the Planning 
and Development Department.  
 
 
8. 
There shall be a minimum of two private open space amenity areas. Each area 
shall provide, at a minimum, two of the following active amenity elements or 
other similar elements, as approved by the Planning and Development 
Department:  
 
 
 
a. 
Swimming Pool 
 
 
 
b. 
Fire Pit 
 
 
 
c. 
Pavilion or Ramada

d. 
Barbecue and Picnic Area 
 
 
9. 
Perimeter walls adjacent to the frontage road and private drive to the north 
shall incorporate stone veneer, stonework, integral color CMU block or faux 
stone, and be compatible with the existing wall on the property line to the north, 
as approved by the Planning and Development Department. 
 
 
10. 
The developer shall submit a cross-access agreement prior to preliminary site 
plan approval for APN 204-23-001A to support future cross-access of Oberlin 
Way. 
 
 
11. 
All frontage improvements, access control and location of driveways shall be 
permitted and approved through ADOT. 
 
 
12. 
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. 
 
 
13. 
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. 
 
 
14. 
The developer must file FAA Form 7460 and provide City FAA’s no hazard 
determination prior to construction permit approval, as per plans approved by 
the Planning and Development Department. 
 
 
15. 
The developer shall grant and record an avigation easement to the City of 
Phoenix Aviation Department for the site, per the content and form prescribed 
by the City Attorney prior to final site plan approval. 
 
 
16. 
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.  
 
 
17. 
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. 
 
 
18. 
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. 
 
 
19. 
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 
Tamra Ingersoll at (602) 534-6648, TTY use 7-1-1.