Attachment C - PC Summary - PHO-1-21-Z-48-07-1.pdf

REPORT OF PLANNING COMMISSION ACTION 
June 3, 2021 
ITEM NO: 12 
DISTRICT NO.: 1
SUBJECT:
Application #: 
PHO-1-21--Z-48-07-1 
Location: 
Approximately 400 feet east of the southeast corner of I-17 and 
Arroyo Norte Drive 
Request: 
1)
Submittal of conceptual site plan and elevations for approval
by the Planning Hearing Officer per Stipulation 1.
2)
Modification of Stipulation 2 regarding approval of a
comprehensive sign plan.
3)
Technical corrections to Stipulations 3 and 7.
Existing Zoning: 
C-2
Acreage:  
16.0 
Applicant: 
Law Office of David Cisiewski 
Owner: 
Tom Tait, AV 203 LLC 
Representative: 
Lisa Gage, FDG Acquisitions 
ACTIONS: 
Staff Recommendation:  Approval with a modification and additional stipulations, as 
recommended by the Planning Hearing Officer.  
Village Planning Committee (VPC) Recommendation: 
Rio Vista 3/9/2021 Continued. Vote: 5-0. 
     4/13/2021 Approval. Vote: 4-2. 
Planning Hearing Officer Recommendation: Approval, with a modification and additional 
stipulations.  
Planning Commission Recommendation: Approval, per the Planning Hearing Officer’s 
recommendation with an additional stipulation. 
Motion Discussion: N/A 
Motion details: Commissioner Busching made a MOTION to approve PHO-1-21—Z-48-
07-1, per the Planning Hearing Officer recommendation with an additional stipulation to
require a minimum of two separate public pedestrian pathways, shaded to a minimum of
75 percent, to be provided from the closest parks in the development and connecting to
North Whisper Lane on the south and Arroyo Norte Drive on the north.
 
Maker: Busching 
 
Second: Howard 
 
Vote: 8-0 
Absent: Gorraiz 
 
Opposition Present: Yes 
Attachment C

Findings:  
 
1. 
The original rezoning case contemplated development of the site with  
commercial uses.  As there were no site plans or elevations included in the 
original application, it was unknown at the time how the site would ultimately 
develop, what specific uses would be implemented, and the scale and intensity 
of future development.   Therefore, Stipulation 1 was adopted to require 
Planning Hearing Officer review through the public hearing process once these 
became available.  However, this stipulation did recognize that the site may 
develop with residential uses as permitted in the approved C-2 zoning 
designation.   Stipulation 1.f directly addressed this by establishing criteria for 
mitigating impacts of the I-17 on potential residences.    
 
The proposed conceptual site plan in this request depicts a 170-unit multifamily 
complex consisting of single-story bungalow-style residences.  The proposed 
density is 12.2 dwelling units per gross acre, which is less than the 17.40 
dwelling units per gross acre permitted in the R-3 PRD development option 
with bonus points.  The proposed height is less than the two stories and 30 
feet permitted in the R-3 PRD development option.  Proposed open space is 
approximately 1.18 acres or 7.4 percent of the gross site area, which is greater 
than the minimum 5 percent required.  The proposed residences are detached 
stand-alone units rather than a traditional multifamily apartment complex.  The 
scale and intensity of the proposal is appropriate for its location along the I-17 
freeway corridor, consistent with the existing zoning and General Plan Land 
Use map designation, and creates a buffer between existing single-family 
development to the east, adjacent commercial zoning, and the I-17 freeway 
corridor. 
 
 
2. 
Stipulations 1.a through 1.g established specific criteria regarding the review of 
the site plan and elevations.  General conformance to the proposed conceptual 
site plan and elevations is recommended as discussed in these findings. 
 
 
3. 
Stipulation 1.a requires architectural consistency in the elevations regarding 
building mass, building style, wall treatments, lighting, and signage.  This 
stipulation was originally intended to address the potential development of the 
site with multiple commercial uses.  With the conversion of this stipulation to 
general conformance for the proposed residential development, these 
concerns are not wholly relevant.  However, the residential elevations do 
provide an appropriate level of consistency while still providing for architectural 
diversity with three home styles.  Architectural features include multiple window 
styles, decorative window treatments, gable ornamentation, use of accent 
colors, and varied rooflines.   
 
 
4. 
Stipulation 1.b requires the use of finishing materials that are appropriate for a 
desert context.  This includes the use of Spanish style terracotta roof tiles.  
Primary building colors include neutral whites and grays in stucco.  Accent 
colors are limited to front doors. 
 
 
5. 
The applicant submitted revised building elevations and a revised color palette 
intended to address concerns raised during public outreach regarding the

compatibility of the color palette on the initial elevations submitted with the 
request.  These initial elevations included yellow, blue, and red accent doors 
and a Mediterranean palette.   However, the revised elevations were limited to 
single-perspective renderings, did not incorporate the new door colors on the 
revised palette, and did not include the level of detail on the four-sided 
elevations in the original submittal.   Therefore, an additional stipulation is 
recommended that addresses the use of colors that blend with the desert 
environment, prohibiting reflective materials, and limiting accent colors.  The 
revised color palette date stamped April 20, 2021 would conform with this 
stipulation.  However, the stipulation is intended to allow staff flexibility in 
reviewing the final palette as there is no building elevation that depicts all the 
appropriate colors in a single image. 
 
 
6. 
Stipulation 1.f requires special consideration for residential uses regarding 
mitigating impacts of the I-17.   It addresses four conditions that are addressed 
in the applicant’s submittal as follows: 
 
 
 
a. 
Innovative Site Design – Vehicular access to the community is 
located along Arroyo Norte Drive, not along the I-17 frontage road, 
which will allow a continuous perimeter wall along the west property 
line. No units front the west property line and there are private yards 
located along this area. 
 
 
 
 
b. 
Increased Setbacks – The proposed site area is not adjacent to the I-
17 frontage road.  There is an approximately 500-foot setback between 
the I-17 and the closest unit.  This area includes a remaining large 
parcel, subject to the stipulations of this case, and an approximately 70-
foot wide drainage channel.  
 
 
 
 
c. 
Sound barriers – A six-foot split-faced CMU wall is proposed along the 
west perimeter property line.  Additionally, as the subject property does 
not contain the parcel adjacent to the I-17 frontage road, the closest 
unit will be setback approximately 500 feet from the I-17. 
 
 
 
 
d. 
Increased Landscaping – The conceptual landscape plan depicts a 
variety of large and medium canopy shade trees along the west 
property line in open spaces. Trees include a variety of acacia, willow, 
oak, and ash.   However, the majority of the west property line consists 
of private yards and trees are not depicted.  The fact that the subject 
property does not contain the parcel adjacent to the I-17 frontage road 
and the closest unit will be setback approximately 500 feet from the I-
17 reduces the concern regarding enhanced landscaping standards in 
this area.  The property is subject to existing Ordinance standards for 
landscaping in multifamily developments.  The remaining parcel 
between this site and the I-17 will remain subject to this stipulation and 
landscaping will be reviewed during a future PHO hearing for these 
plans.  
 
 
 
7. 
Stipulations 1.c, 1.d, 1.e, and 1.g addressed specific considerations that were 
relevant to the original vision of the site developing with multiple commercial 
users.  Regarding Stipulation 1.g, the majority of the considerations are

reflected in the conceptual elevations and the recommendation for general 
conformance. 
 
 
8. 
Stipulation 2 regarding approval of a comprehensive sign plan was relevant to 
the assumption in the original rezoning case that the site would develop with 
multiple commercial uses.  This requirement is not relevant to the development 
of the site with a single multifamily development.  The applicant’s request to 
modify this stipulation is recommended to be approved with a modification to 
the standard language to specify that this requirement is only relevant to 
development proposals for commercial land uses. 
 
Stipulations: 
 
1. 
That conceptual site plan(s) and elevations shall be approved by the Planning 
Hearing Officer through the public hearing process prior to Development 
Services Department preliminary site plan approval. The site plan(s) and 
elevations shall include the following: 
 
THE DEVELOPMENT SHALL BE IN GENERAL CONFORMANCE WITH THE 
SITE PLAN AND ELEVATIONS DATE STAMPED JANUARY 28, 2021, WITH 
SPECIFIC REGARD TO THE FOLLOWING, AS MODIFIED BY THE 
FOLLOWING STIPULATIONS, AND APPROVED BY THE PLANNING AND 
DEVELOPMENT DEPARTMENT. 
 
 
 
 
a. 
Elevations which provide architectural consistency in building mass 
and style, wall treatments, lighting, and signage. 
 
BUILDING AND WALL COLORS SHOULD BE MUTED AND BLEND 
WITH RATHER THAN CONTRAST WITH THE SURROUNDING 
DESERT ENVIRONMENT.  REFLECTIVE MATERIALS SHOULD 
NOT BE USED.  ACCENT COLORS SHOULD BE USED 
JUDICIOUSLY AND WITH RESTRAINT. 
 
 
 
 
b. 
The primary finishing materials for buildings shall consist of natural 
desert materials or materials which are appropriate for the natural 
desert context. 
 
A MINIMUM OF TWO SEPARATE PUBLIC PEDESTRIAN 
PATHWAYS, SHADED TO A MINIMUM OF 75 PERCENT, SHALL 
BE PROVIDED FROM THE CLOSEST PARKS IN THE 
DEVELOPMENT AND CONNECTING TO NORTH WHISPER LANE 
ON THE SOUTH AND ARROYO NORTE DRIVE ON THE NORTH. 
 
 
 
 
c. 
Drive-thru facilities shall be oriented so that drive-thru windows are not 
directly visible from adjacent public streets. 
 
 
 
 
d. 
Landscaping, arcades, or overhangs which provide shaded walkways 
shall be utilized. 
 
 
 
 
e. 
That parking areas shall be designed with landscaped areas to break 
up the large expanses of parking.

f. 
Special consideration shall be given to site design for residential uses 
to adequately mitigate the impacts of the proximity to Interstate 17, 
such as innovative site design, increased setbacks, sound barriers, 
and increased landscaping. 
 
 
 
 
g. 
An architectural plan shall be approved with the elevations. The 
architectural plan shall convey a sense of continuity throughout the 
development and at a minimum include the following: 
 
 
 
 
 
i) 
Natural accent materials such as brick, stone, or tile for 
buildings and signage. 
 
 
 
 
 
 
ii) 
Architectural detailing such as recesses, pop outs, shade walls, 
parapets, artistic insets, or pilasters. 
 
 
 
 
 
 
iii) 
Street appurtenances such as benches, seat-walls, ramadas, 
shade structures, trash enclosures, lighting and wayfinding 
signage. 
 
 
 
 
 
 
iv) 
Detail sections for screening and perimeter walls as well as 
walls interior to the site; said walls shall be designed and 
finished with materials similar to those of the buildings’ 
architectural detailing. 
 
 
2. 
That FOR COMMERCIAL LAND USES, a comprehensive sign plan for the 
entire property shall be approved by the Zoning Administrator FOR THE 
ENTIRE DEVELOPMENT in accordance with Section 705 of the Zoning 
Ordinance prior to Development Services Department final site plan approval 
for the first phase of development. 
 
 
3. 
That Twenty-five feet of right-of-way shall be dedicated for the south half of 
Teresa Lane or as otherwise approved by the PLANNING AND Development 
Services Department. 
 
 
4. 
That Additional right-of-way shall be dedicated for the future expansion of the 
freeway/frontage road as approved by the Street Transportation Department. 
 
 
5. 
That 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 or 
modified by the Street Transportation Department. 
 
 
6. 
That The applicant shall 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. Further 
archaeological monitoring and/or testing (trenching) may be necessary based 
on the results of the survey. 
 
 
7. 
That The following persons, organizations and associations shall be notified 
by the applicant at least 15 days before the meeting or hearing of any

PLANNING AND Development Services Department preliminary site plan 
meetings; Zoning Adjustment hearings; or Planning Hearing Officer hearings: 
 
 
 
a. 
New River Desert Hills Community Association, Inc.  
515 E. Carefree Highway, #300  
Phoenix, AZ 85085-8839   
 
 
 
 
b. 
Shareen Goodroad   
scgoodroad@msn.com   
623-742-0150   
 
 
 
 
c. 
Terry Marron  
t.marron@yahoo.com  
623-587-7039 
 
 
 
8. 
PRIOR TO PRELIMINARY SITE PLAN APPROVAL, THE LANDOWNER 
SHALL EXECUTE A PROPOSITION 207 WAIVER OF CLAIMS IN A FORM 
APPROVED BY THE CITY ATTORNEY'S OFFICE.  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.