Attachment C - VPC Summary - Z-89-22-2.pdf

City of Phoenix — Formal (2023-05-03)

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City of Phoenix • Planning & Development Department 
200 West Washington Street, 3rd Floor • Phoenix, Arizona  85003-1611 • (602) 262-6882 
Village Planning Committee Meeting Summary 
Z-89-22-2
Date of VPC Meeting 
March 6, 2023 
Request From 
R1-14 
Request To 
R1-6 
Proposed Use 
Single-family residential 
Location 
Approximately 140 feet north of the northeast corner of 
34th Street and Tierra Buena Lane 
VPC Recommendation 
Approval, per staff recommendation, with a 
modification 
VPC Vote 
15-1
VPC DISCUSSION & RECOMMENDED STIPULATIONS: 
Committee member Karen DeMoss joined the meeting during this item, bringing the 
quorum to 16 members. 
Two members of the public registered to speak on this item, in opposition. 
Staff Presentation: 
Adrian Zambrano, staff, provided an overview of rezoning case Z-89-22-2, describing 
the location, request, surrounding land uses, existing and surrounding zoning, and 
General Plan Land Use Map designation. Mr. Zambrano provided background on 
adopted policy plans and goals of those plans that the proposal would further. Mr. 
Zambrano then described the proposal, discussing the proposed site plan and 
elevations. Mr. Zambrano noted that there was one letter of opposition received and 
summarized the concerns in the letter of opposition. Mr. Zambrano concluded by 
sharing the staff findings, recommendation of approval and the recommended 
stipulations.  
Applicant Presentation: 
Shelby Duplessis, representing the applicant with Diversified Future, introduced 
herself and noted two main points that the developer has agreed to, including reducing 
the maximum building height to 1-story and 20 feet and providing more than triple the 
minimum required open space. Ms. Duplessis stated that the request for R1-6 would be 
a good transition from the R1-14 zoning to the west and south to the R1-6 zoning to the 
east and north. Ms. Duplessis noted that the main concern they heard was regarding 
the maximum building height. Ms. Duplessis stated that Stipulation No. 15 should be 
ATTACHMENT C

Paradise Valley Village Planning Committee Meeting Summary 
March 6, 2023 
Page 2 of 6 
 
 
City of Phoenix • Planning & Development Department 
200 West Washington Street, 3rd Floor • Phoenix, Arizona  85003-1611 • (602) 262-6882 
removed since the Proposition 207 Waiver was already submitted and that she would 
like to go back and look at Stipulation No. 8 regarding the detached sidewalk along 34th 
Street, since the sidewalk to the north and south are attached.  
 
Questions from the Committee:  
 
Mr. Goodhue asked if there were any concerns with the density and building setback 
for the properties to the south. Ms. Duplessis responded that there were not and added 
that only one letter was received that stated the density would be okay as long as the 
applicant agreed to a maximum building height of 1-story.  
 
Abram Bowman asked about the history of the property. Ms. Duplessis responded 
that the site has never been developed and that nothing has ever happened on this site. 
 
Public Comment and Applicant Response: 
 
Jon Baker introduced himself as an adjacent neighbor and stated that 20 feet stills 
seems like a tall height and that there are still some concerns related to the building 
height. Mr. Baker asked what the procedure would be to review the height. Chair 
Popovic directed the question to Mr. Zambrano. Mr. Zambrano responded that if there 
is still concern relating to 20 feet in height, then the Committee can recommend 
modifying the stipulation to reduce that height. Mr. Baker asked if 1-story is typically 10 
feet in height and stated that if so, then 20 feet in height would potentially be a 2-story 
building. Mr. Zambrano responded that the building elevations submitted by the 
applicant were showing between 15 to 16 feet in height. Mr. Baker asked if any 
concerns should be voiced at the public hearing in April. Chair Popovic responded that 
if there were concerns, they can be voiced at this meeting and a vote will be taken on 
the case by the Committee. Chair Popovic asked staff to confirm. Mr. Zambrano 
responded affirmatively, stating that the Committee could modify any of the staff 
recommended stipulations or can add additional stipulations and their recommendation 
will be forwarded to the Planning Commission, who will either approve the Committee’s 
recommendation, modify stipulations or add additional stipulations. Mr. Baker stated 
that the neighbors would be opposed to anything over 15 feet since it would be getting 
closer to a 2-story building at 20 feet in height. Ms. Duplessis responded that a typical 
1-story home ranges from 15 to 20 feet in height and a 2-story home would go up to 30 
feet in height. Ms. Duplessis clarified that the stipulation would be reducing the 
maximum building height allowed by 10 feet. Ms. Duplessis added that the architectural 
plans are still in draft form and that they would be happy to work with the neighbors 
before Planning Commission to reduce the height as much as possible. Mr. Baker 
thanked Ms. Duplessis and stated that he will do his part to ensure his neighbors are all 
involved as well. Mr. Baker asked if the Committee does not vote on the stipulation at 
this meeting if it would be voted on at a later time. Mr. Zambrano responded that the 
Committee would take a vote to either continue the case to the next Committee 
meeting, to approve it either with modified or additional stipulations, or to deny it. Mr. 
Baker asked if that was the route Ms. Duplessis was trying to take. Ms. Duplessis 
responded that she would like the Committee to make a recommendation and have the 
stipulation worked out before going to Planning Commission, so they do not have a 
continuance. Mr. Baker stated that 15 feet in height seems like a good midpoint and

Paradise Valley Village Planning Committee Meeting Summary 
March 6, 2023 
Page 3 of 6 
 
 
City of Phoenix • Planning & Development Department 
200 West Washington Street, 3rd Floor • Phoenix, Arizona  85003-1611 • (602) 262-6882 
asked if the applicant would agree to 15 feet. Ms. Duplessis stated that she could 
agree to 16 feet, just to be safe. Mr. Baker agreed. Mr. Baker asked about the building 
setback. Ms. Duplessis responded that the minimum required building setback would 
be 15 feet for a 1-story building. 
 
Judy Moler stated she had sent an email to the Planning Commission and the City 
Council District’s office. Ms. Moler stated the concerns she had were what everyone 
else was concerned about. Ms. Moler asked if the rear yard wall would be the same 
existing wall behind the existing homes. Ms. Duplessis responded affirmatively, stating 
that it would be a shared wall, and added that the homes would be located 15 feet or 
more from the existing wall. Ms. Duplessis stated they would only need to consider 
doing a dual wall or replacing the wall if grading and drainage design or other 
requirements cannot be met. Ms. Duplessis added that if that happened, there would be 
a discussion between the applicant and the affected neighbors to ensure a consensus 
can be made. Ms. Moler asked if the applicant would consider adding a second layer to 
the wall. Ms. Duplessis responded that they usually cannot do that due to structural 
capability and integrity of the wall and explained that it may end up being too much for 
the footer that was originally designed and installed, and the wall could fall over. Ms. 
Moler asked if the applicant would be landscaping the homes. Mr. Duplessis 
responded that the developer would be landscaping the open space areas and the 
homeowners would landscape their yards. Ms. Moler asked what caliper meant when 
referring to a tree. Ms. Duplessis responded that it refers to the size of the tree. Ms. 
Moler asked what the Proposition 207 Waiver of Claims was. Ms. Duplessis 
responded that it is a required form for the City stating that the City would not be held 
responsible for any kind of diminished value of the subject property by going through the 
process requested by the applicant to rezone the property. Ms. Moler asked if the back 
of the houses would be 15 feet away from the wall. Ms. Duplessis responded that they 
would be a minimum of 15 feet away from the wall and that many of the homes would 
be located further than that, including covered patios.   
 
Ms. Duplessis stated that this discussion was a good demonstration of the ongoing 
collaboration and discussions the applicant has had with the neighbors and that it has 
been very productive.  
 
Mr. Goodhue asked if the building elevations were close to the final product or if they 
would be modified. Ms. Duplessis responded that they would be modified and that the 
building elevations presented were put together pretty quickly in order to present a draft 
of the building elevations to the Committee. Mr. Goodhue stated that building height is 
measured to the midpoint of a gable roof and that there would be an additional 3 to 4 
feet in height above that. Mr. Goodhue stated that if the Committee votes on this item, 
he will make a recommendation for the stipulation regarding building height to not be 
taller than 16 feet at the peak of the roof. 
 
MOTION – Z-89-22-2: 
 
Mr. Goodhue motioned to recommend approval of Z-89-22-2, per the staff 
recommendation, with a modification to Stipulation No. 2. Diane Petersen seconded 
the motion.

Paradise Valley Village Planning Committee Meeting Summary 
March 6, 2023 
Page 4 of 6 
 
 
City of Phoenix • Planning & Development Department 
200 West Washington Street, 3rd Floor • Phoenix, Arizona  85003-1611 • (602) 262-6882 
VOTE – Z-89-22-2:   
 
15-1; motion to recommend approval of Z-89-22-2, per the staff recommendation, with a 
modification to Stipulation No. 2, passes with Committee members Balderrama, 
Bowman, Bustamante, DiMassa, Goodhue, Gubser, Petersen, Schmidt, Sepic, 
Soronson, Sparks, Ward, Mortensen and Popovic in favor and Committee member 
Cashman opposed.  
 
VPC RECOMMENDED STIPULATIONS: 
 
1. 
The development shall be in general conformance with the site plan date 
stamped February 22, 2023, with specific regard to the open space provided, as 
modified by the following stipulations and as approved by the Planning and 
Development Department.   
 
 
2. 
The maximum building height shall be 1-story and 20 16 feet, MEASURED TO 
THE PEAK OF THE ROOF. 
 
 
3. 
Improved open space areas shall be shaded by a structure, landscaping at 
maturity, or a combination of the two to provide minimum 75% shade, as shown 
on a shading study, as approved by the Planning and Development Department. 
 
 
4. 
Landscape areas within retention areas and open space areas shall be planted 
with shrubs, accents and vegetative groundcovers to provide a minimum of 75% 
live coverage at maturity, as approved by the Planning and Development 
Department. 
 
 
5. 
A minimum of two shaded active recreation amenities, such as a tot lot, picnic 
area, seating feature, garden amenity, or similar amenity, shall be provided 
within the open space area, as approved by the Planning and Development 
Department. 
 
 
6. 
A minimum of five bicycle parking spaces shall be provided through Inverted U 
and/or artistic racks located near improved open space areas and installed per 
the requirements of Section 1307.H. of the Phoenix Zoning Ordinance, as 
approved by the Planning and Development Department. Artistic racks shall 
adhere to the City of Phoenix Preferred Designs in Appendix K of the 
Comprehensive Bicycle Master Plan. 
7. 
The perimeter landscape setback adjacent to the public street shall be planted to 
the following standards, as approved by the Planning and Development 
Department. 
 
 
 
a. Minimum 50% 2-inch caliper and 50% 3-inch caliper, large canopy, 
drought-tolerant shade trees, planted 20 feet on center or in equivalent 
groupings.

Paradise Valley Village Planning Committee Meeting Summary 
March 6, 2023 
Page 5 of 6 
 
 
City of Phoenix • Planning & Development Department 
200 West Washington Street, 3rd Floor • Phoenix, Arizona  85003-1611 • (602) 262-6882 
 
b. Shrubs, accents, and vegetative groundcovers to provide a minimum of 
75% live coverage at maturity. 
 
 
8. 
The developer shall construct a minimum 5-foot-wide detached sidewalk and a 
minimum 5-foot-wide landscape strip between the back of curb and sidewalk 
along the east side of 34th Street, planted to the following standards and as 
approved by the Planning and Development Department. 
 
  
 
a. Minimum 2-inch caliper drought-tolerant, large canopy, single-trunk 
shade trees planted 20 feet on center or in equivalent groupings. 
 
  
 
b. Drought-tolerant shrubs, accents and vegetative groundcovers to 
achieve a minimum of 75% live coverage at maturity.  
 
 
 
Where utility conflicts arise, the developer shall work with the Planning and 
Development Department on an alternative design solution consistent with a 
pedestrian environment. 
 
 
9. 
The developer shall dedicate a sidewalk easement for any streetscape area 
(detached sidewalk and landscape strip) that falls outside of dedicated right-of-
way along the east side of 34th Street, as approved by the Planning and 
Development Department. 
 
 
10. 
The developer shall construct a minimum 5-foot-wide detached sidewalk and a 
minimum 5-foot-wide landscape strip between the back of curb and sidewalk for 
internal public and/or private sidewalks within the development, including along 
the perimeter of Tract B and Tract C, as depicted on the site plan date stamped 
December 20, 2022, planted to the following standards and as approved by the 
Planning and Development Department. 
 
 
 
a. Minimum 2-inch caliper drought-tolerant, large canopy, single-trunk 
shade trees planted 20 feet on center or in equivalent groupings.  
 
  
 
b. Drought tolerant shrubs, accents, and vegetative groundcovers to 
achieve a minimum of 75% live coverage at maturity. 
 
  
 
Where utility conflicts arise, the developer shall work with the Planning and 
Development Department on an alternative design solution consistent with a 
pedestrian environment. 
 
 
11. 
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.  
 
 
12. 
A Red Border Letter shall be submitted to the Arizona Department of 
Transportation (ADOT) for this development.

Paradise Valley Village Planning Committee Meeting Summary 
March 6, 2023 
Page 6 of 6 
 
 
City of Phoenix • Planning & Development Department 
200 West Washington Street, 3rd Floor • Phoenix, Arizona  85003-1611 • (602) 262-6882 
 
 
13. 
The property owner shall record documents that disclose the existence, and 
operational characteristics of the 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. 
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. 
 
 
15. 
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.