Attachment D – PC Memo - PHO-1-19--Z-165-06-7-8.pdf

To: 
City of Phoenix Planning Commission 
Date: June 4, 2020 
From: 
Racelle Escolar 
Planner III 
Subject: ITEM NO. 18 (PHO-1-19--Z-165-06-7(8)) – NORTHWEST CORNER OF 35TH 
AVENUE AND CARVER ROAD 
This memo is to provide a revised staff recommendation that addresses a revised site plan 
submitted by the applicant and date stamped May 26, 2020. 
On May 7, 2020 the Planning Commission continued the case to the June 4, 2020 hearing 
to allow the applicant to work on a compromise with the community. Since the May 
Planning Commission hearing, the applicant conducted additional outreach and submitted 
a revised site plan. The applicant has proposed a new lot configuration and reduced the 
number of lots from 92 to 63. These site plan changes require modifications to the 
stipulations recommended by the Planning Hearing Officer. 
The Planning Hearing Officer’s recommendation regarding Stipulation 1 requires that the 
R1-8 development be in general conformance with the site plan date stamped November 
21, 2019. The recommended revision updates this date to reflect the revised site plan date 
stamped May 26, 2020. 
The Planning Hearing Officer’s recommendation regarding Stipulation 47 limits the 
maximum building height to 20 feet for lots 52-61 and 82-83 as depicted on the site plan 
date stamped November 21, 2019. The recommended revision updates the impacted lot 
numbers to reflect the revised site plan date stamped May 26, 2020. 
VILLAGE PLANNING COMMITTEE RECOMMENDATION 
The Laveen Village Planning Committee heard this case on January 13, 2020 and 
recommended denial by a vote of 11-0. The Laveen VPC motion also included a request 
that the Planning Hearing Officer recommend to the Planning Commission to initiate a 
zoning reversion for the site. 
PLANNING HEARING OFFICER RECOMMENDATION 
The Planning Hearing Officer heard this request on January 15, 2020 and took this case 
under advisement. On February 13, 2020 the Planning Hearing Officer took this case out 
from under advisement and recommended denial as filed and approval with modifications 
and additional stipulations. 
Attachment D

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Staff recommends approval per the Planning Hearing Officer recommendation with 
modifications to Stipulation Nos 1 and 47 as shown below in bold text: 
General 
1.
That development shall be in general conformance with the site plan date
stamped October 8, 2007, and elevations date stamped February 20, 2007, as 
modified by the following stipulations, and as approved by the Development 
Services Department. 
1.
THE R1-8 DEVELOPMENT SHALL BE IN GENERAL CONFORMANCE WITH
THE SITE PLAN DATE STAMPED NOVEMBER 21, 2019 MAY 26,2020, AS
MODIFIED BY THE FOLLOWING STIPULATIONS AND APPROVED BY THE
PLANNING AND DEVELOPMENT DEPARTMENT, AND WITH SPECIFIC
REGARD TO THE FOLLOWING:
A. 
THE DEVELOPER SHALL PROVIDE A PRIMARY ROADWAY FROM
35TH AVENUE EXTENDED TO THE WESTERN PROPERTY 
BOUNDARY, AS APPROVED BY THE PLANNING AND DEVELOPMENT 
DEPARTMENT. 
B. 
THE PRIMARY ROADWAY CONNECTING 35TH AVENUE TO THE 
WESTERN EDGE OF THE PROPERTY LINE SHALL TERMINATE AS A 
STUB STREET TO THE ADJACENT UNDEVELOPED LAND TO THE 
WEST TO PROVIDE FOR A FUTURE VEHICULAR CONNECTION.
2.
CONCEPTUAL ELEVATIONS FOR THE R1-8 DEVELOPMENT SHALL BE
REVIEWED AND APPROVED BY THE PLANNING HEARING OFFICER
THROUGH THE PUBLIC HEARING PROCESS FOR STIPULATION
MODIFICATION PRIOR TO PRELIMINARY SITE PLAN APPROVAL.  THIS IS A
LEGISLATIVE REVIEW FOR CONCEPTUAL PURPOSES ONLY. SPECIFIC
DEVELOPMENT STANDARDS AND REQUIREMENTS MAY BE DETERMINED
BY THE PLANNING HEARING OFFICER AND THE PLANNING AND
DEVELOPMENT DEPARTMENT.
3.
THE R1-18 DEVELOPMENT SHALL BE IN GENERAL CONFORMANCE WITH
THE SITE PLAN DATE STAMPED OCTOBER 8, 2007, AND ELEVATIONS
DATE STAMPED FEBRUARY 20, 2007, AS MODIFIED BY THE FOLLOWING
STIPULATIONS AND APPROVED BY THE PLANNING AND DEVELOPMENT
DEPARTMENT.
4. 
2. 
That dDevelopment of the R1-18 portion of the site shall not exceed 22 lots.
5. 
3. 
That dDevelopment of the R1-8 portion of the site shall not exceed a density of 
99 lots.

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6.
THE R1-8 DEVELOPMENT SHALL PROVIDE A MINIMUM OF 26% OPEN
SPACE, OF WHICH A MINIMUM OF 12% SHALL BE USABLE OPEN SPACE,
AS APPROVED OR MODIFIED BY THE PLANNING AND DEVELOPMENT
DEPARTMENT.
Site Design 
7. 
4. 
That uUnobstructed pedestrian access (for the purpose of private pedestrian 
connectivity internal to the site) between the R1-18 and R1-8 portions of the site 
shall be provided, as approved by the PLANNING AND Development Services 
Department.  
8. 
5. 
That nNo solid wall in excess of three feet in height as measured from the 
finished grade, shall be located on the site (either in private lots or common 
tracts) except that solid walls greater than three feet in height shall be allowed for 
the following purposes, as approved by the PLANNING AND Development 
Services Department. 
a.
Walls utilized to screen utilities, trash enclosures, or other facilities
generally considered to be visually obtrusive.
b.
Retaining wall.
9. 
6. 
That nNo more than 60,000 square feet of natural turf area shall be located 
within the common areas of the R1-8 portion of the site (this requirement does 
not apply to synthetic turf); if provided, common area natural turf should be 
centrally located and grouped so as to create one contiguous natural turf 
recreation area, as approved by the PLANNING AND Development Services 
Department. 
10. 
7. 
That a 235-foot (average), 200-foot (minimum) THE DEVELOPMENT SHALL 
PROVIDE A MINIMUM 100 FOOT landscaped setback ALONG THE EAST 
PROPERTY LINE adjacent to 35th Avenue shall be provided, as approved by 
the PLANNING AND Development Services Department.
11. 
8. 
That a A 50-foot (minimum) landscaped setback adjacent to Carver Road (final 
alignment) shall be provided, as approved by the PLANNING AND Development 
Services Department. 
12. 
9. 
That tThose portions of spider and jeep trails which are not part of the approved 
grading envelopes, access drives, or other necessary site disturbance related to 
the proposed development of the R1-8 portion of the site shall be re-vegetated in 
a manner consistent with adjacent undisturbed vegetation, as approved by the 
PLANNING AND Development Services Department.  
Disclosures

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13. 
10. 
That pPrior to final site plan approval, the property owner shall record documents 
that disclose to tenants of the site or purchasers of property within the site, the 
existence, proximity, and operational characteristics of active agricultural uses 
and non-domesticated animal keeping. 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.
THAT PRIOR TO FINAL SITE PLAN APPROVAL, THE PROPERTY OWNER
SHALL RECORD DOCUMENTS THAT DISCLOSE TO TENANTS OF THE SITE
OR PURCHASERS OF PROPERTY WITHIN THE SITE, THE EXISTENCE,
PROXIMITY, AND OPERATIONAL CHARACTERISTICS OF ACTIVE AVIATION
USES IN THE HANGAR HACIENDAS UNITS ONE, TWO, AND THREE
SUBDIVISIONS LOCATED APPROXIMATELY 2,300 FEET TO THE EAST OF
THE SUBJECT PROPERTY IN MARICOPA COUNTY. 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.
Parks and Recreation 
15. 
11. 
That tThe developer shall dedicate a multi-use trail easement and construct a 
multi-use trail, per adopted standards, along the north side of Carver Road, as 
approved by the Parks and Recreation Department.
Archaeology 
16. 
12. 
That tThe applicant shall complete an archaeological survey report of the 
development area for review and approval by the City Archaeologist prior to 
clearing and grubbing, landscape salvage, or grading. 
17.
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.
18.
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.
19.
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

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FOR THE ARCHAEOLOGY OFFICE TO PROPERLY ASSESS THE 
MATERIALS. 
Street Transportation 
20. 
13. 
That rRight-of-way totaling 55 feet shall be dedicated for the west half of 35th 
Avenue, as approved by the Street Transportation Department. 35th Avenue 
shall be constructed using rural streets standards similar to Dobbins Road, as 
approved by the Street Transportation Department.
21. 
14. 
That rRight-of-way totaling 55 feet shall be dedicated for the west half of Carver 
Road, as approved by the Street Transportation Department. Carver Road shall 
be constructed using rural streets standards similar to Dobbins Road, as 
approved by the Street Transportation Department.
22.
THE DEVELOPER SHALL DEDICATE RIGHT-OF-WAY FOR 35TH AVENUE
AS DETERMINED BY THE MARICOPA COUNTY DEPARTMENT OF
TRANSPORTATION (MCDOT) AND AS APPROVED BY THE PLANNING AND
DEVELOPMENT DEPARTMENT.
23.
THE DEVELOPER SHALL DEDICATE RIGHT-OF-WAY FOR CARVER ROAD
AS DETERMINED BY THE MARICOPA COUNTY DEPARTMENT OF
TRANSPORTATION (MCDOT) AND AS APPROVED BY THE PLANNING AND
DEVELOPMENT DEPARTMENT.
24. 
15. 
That aA traffic impact study shall be submitted to, and approved by, the Street
Transportation Department prior to PLANNING AND Development Services
Department preliminary site plan approval. That all right-of-way dedications and
associated infrastructure improvements as recommended by the traffic impact
study shall be installed by the developer, as approved by the PLANNING AND
Development Services Department.
25. 
16. 
That tThe 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 modified by these stipulations,
and as approved by the Street Transportation Department. All improvements
shall comply with all AmericanS with Disabilities Act accessibility standards.
26. 
17. 
That tThe applicant shall complete and submit the Developer Project Information
Form for the Maricopa Association of Governments Transportation Improvement
Program. This form is a requirement of the Environmental Protection Agency to
meet clean air quality requirements.
27. 
18. 
That pPrior to preliminary site plan approval, the landowner shall execute a
Proposition 207 waiver of claims utilizing the provided template. The waiver shall
be recorded with the Maricopa County Recorder’s Office and a copy shall be
provided to the PLANNING AND Development Services Department for the case
files.

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19.
That approval shall be conditional upon the development commencing within 48
months of the City Council approval of this change of zoning in accordance with 
Section 506.B.1 of the Zoning Ordinance. For purposes of this stipulation, 
development shall commence with the issuance of building permits and erection 
of the building walls on site.
Neighborhood 
28. 
20. 
That bBuilding pad cuts shall be terraced if more than 6 feet in height and treated 
with a stain, gunnite, or equivalent finish, as approved by the PLANNING AND 
Development Services Department.
29. 
21. 
That aAll two story homes, within the R1-18 portion of the site, shall be designed 
in a manner such that the square footage of the second story floor area does not 
exceed 66 percent of the first story floor area does not exceed 66 percent of the 
first story floor area, as approved by the PLANNING AND Development Services 
Department. 
30. 
22. 
That cConcrete channels shall be designed to look natural in the desert setting 
through color, texture, landscaping, or other means, as approved by the 
PLANNING AND Development Services Department. 
31. 
23. 
That tThe use of riprap and engineered culverts shall be minimized and, where 
utilized, shall be integrated with the desert setting through color, texture, soil 
plating, landscaping, or other means, as approved by the PLANNING AND 
Development Services Department. To the extent possible, culverts shall be 
undersized to allow minor flows (10 cfs or smaller) to cross roadways in their 
natural condition. 
32. 
24. 
That wWashes with a one-hundred-year peak flow of 200 cfs or greater shall be 
preserved and enhanced with native vegetation as described in Appendix A, 
Approved Plant Species List for Sonoran Preserve Edge Treatment Guidelines, 
as approved by the PLANNING AND Development Services Department.
33. 
25. 
That lLots with 2 or more sides abutting undisturbed open space shall be 
designed with obtuse angles, rather than right angles or acute angles, as 
approved by the PLANNING AND Development Services Department. 
34. 
26. 
That oOn non-hillside lots within the R1-18 portion of the development, all 
improvements, including driveways, landscaping, and underground utilities shall 
be located within a building envelope occupying no more than 50 percent of the 
lot up to a maximum of 20,000 square feet, whichever is less, as approved by 
the PLANNING AND Development Services Department.
35. 
27. 
That a A minimum of three terraced berms with 2:1 fill slopes shall be installed 
along the full length of the quarry cut slope base. The terraces shall BE LIMITED 
TO A MAXIMUM HEIGHT OF be 8 feet tall, minimum, and shall be PLANTED

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plated with a staggered combination of 2-inch and 4-inch caliper, drought 
resistant, deciduous trees at 25 feet ON center OR IN EQUIVALENT 
GROUPINGS to center, as approved OR MODIFIED by the PLANNING AND 
Development Services Department. 
THE DEVELOPER MAY ALSO IMPLEMENT ALTERNATIVE SOLUTIONS FOR 
THE NATURALIZING AND BLENDING OF THE QUARRY CUT SLOPE WITH 
THE ADJACENT UNDISTURBED HILLSIDE AREA, AS APPROVED OR 
MODIFIED BY THE PLANNING AND DEVELOPMENT DEPARTMENT.
36. 
28. 
That sSolid block walls, except for retaining walls or privacy fencing on individual 
lots, shall not be constructed outside of the building envelopes for the R1-18 
portion of the site, as approved by the PLANNING AND Development Services 
Department. Fencing constructed outside of the building envelope shall be 
combination solid/view fencing. In addition, all fencing above the 15 percent 
slope line shall be 100 percent view fencing.
37. 
29. 
That tThe entire 60-acre site shall have no perimeter fencing, as approved by the 
PLANNING AND Development Services Department.
38. 
30. 
That pPrivate roadways within the R1-18 portion of the site shall be provided with 
ribbon curbs and colored asphalt, as approved by the PLANNING AND 
Development Services Department.
39. 
31. 
That private roadways within the R1-8 portion of the site shall be provided with a 
raised, vertical curb, as approved by the Development Services Department. 
40. 
32. 
That aAll HVAC units shall be ground mounted. 
41. 
33. 
That aAll street lighting and wall mounted security fixtures shall be full cut off 
lighting. Fixture height shall be a maximum of 12 feet. Street lighting fixtures 
shall be decorative and have a consistent architectural theme, as approved by 
the PLANNING AND Development Services Department.
42. 
34. 
That bBollards shall be used for accent lighting at the primary access, entry 
monument, driveways, and trail crossings, as approved by the PLANNING AND 
Development Services Department. Photovoltaic energy sources for bollard 
lighting shall be provided.
43. 
35. 
That aAny request to delete or modify these stipulations SHALL be preceded by 
A presentation to the Laveen Village Planning Committee (VPC) for review and 
recommendation, and notification to the following persons two weeks prior to 
presentation at the VPC:
a.
Jon Kimoto, 3216 West Ansell Road, Laveen, 85339
b.
Cyd Manning, P.O. Box 41234, Mesa, 85274

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c. 
Judy Brown, P.O. Box 41234, Mesa, 85274
 
 
 
 
d. 
Christine Dicken, 10827 South 30th Avenue, Laveen, 85339 
 
 
 
 
e. 
Richard Birnbaum, 11014 South 35th Avenue, Laveen, 85339 
 
 
 
 
f. 
Phil Hertel, 2300 2845 West Broadway Road, Phoenix, 85041 
 
 
 
 
g. 
Steven Klein, 6820 South 66th Avenue, Laveen, 85339 
 
 
 
44. 
36. 
That tThe following individuals shall be notified of any and all PLANNING AND 
Development Services Department (DSD) meetings which are open to the 
public. The applicant shall be responsible for notification to the following via a 
first-class letter to be mailed at least two weeks prior to the DSD meeting(s):
 
 
 
a. 
Jon Kimoto, 3216 West Ansell Road, Laveen, 85339 
 
 
 
 
b. 
Cyd Manning, P.O. Box 41234, Mesa, 85274
 
 
 
 
c. 
Judy Brown, P.O. Box 41234, Mesa, 85274
 
 
 
 
d. 
Christine Dicken, 10827 South 30th Avenue, Laveen, 85339 
 
 
 
 
e. 
Richard Birnbaum, 11014 South 35th Avenue, Laveen, 85339 
 
 
 
 
f. 
Phil Hertel, 2300 2845 West Broadway Road, Phoenix, 85041 
 
 
 
 
g. 
Steven Klein, 6820 South 66th Avenue, Laveen, 85339 
 
 
 
45. 
37. 
That aAll sidewalks, within the R1-8 portion of the site, WHICH ARE 
DEVELOPED ALONG STREETS DEVELOPED AS PUBLIC STREETS OR 
PRIVATE ACCESSWAYS shall be detached with a minimum five-foot wide 
landscaped strip located between the sidewalk and back of curb and shall 
include minimum two-inch caliper shade trees planted a minimum rate of 20 feet 
on center or IN equivalent groupings along both sides of the sidewalk, as 
approved OR MODIFIED by the PLANNING AND Development Services 
Department. The landscape strip shall be installed by the developer and 
maintained by the homeowners’ association.
 
 
46. 
38. 
That aA mix of two and three-inch caliper trees shall be provided within all 
required common open space tracts. With the exception of the open space area 
adjacent to 35th Avenue, the species of trees provided shall shade 50 percent of 
the area of the open space at tree maturity, as approved by the PLANNING AND 
Development Services Department.
 
 
47. 
39. 
That only one-story homes shall be located along 35th Avenue.

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LOTS 52-61 AND 82-83 1-7, LOCATED ALONG 35TH AVENUE AND AS 
DEPICTED ON THE SITE PLAN DATE STAMPED NOVEMBER 21, 2019 MAY 
26, 2020, ARE LIMITED TO A MAXIMUM BUILDING HEIGHT OF 20 FEET, AS 
APPROVED BY THE PLANNING AND DEVELOPMENT DEPARTMENT.
 
 
48. 
40. 
That aA detailed site plan, landscaping plan, elevations, perimeter fence or wall 
plan, lighting plan, and entry monument signage shall be reviewed by the Laveen 
Village Planning Committee prior to preliminary site plan approval by the 
PLANNING AND Development Services Department.
 
Exhibit A: 
Conceptual Site Plan date stamped May 26, 2020