Attachment C - PHO Summary - PHO-2-24--Z-8-22-1.pdf

City of Phoenix — Formal (2024-11-13)

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ITEM NO: 1 
DISTRICT NO. 1 
SUBJECT: 
Application #: 
PHO-2-24--Z-8-22-1 
Location: 
Northeast corner of Circle Mountain Road and I-17 frontage 
road 
Zoning: 
R-3
Acreage: 
17.55 
Request: 
1)
Request to modify Stipulation 1 regarding Planned
Residential Development option.
2)
Request to modify Stipulation 2 regarding minimum
building setback.
3)
Request to modify Stipulation 11 regarding bicycle
infrastructure.
4)
Request to modify Stipulation 12.b regarding north-
south pedestrian connection.
5)
Request to modify Stipulation 12.c regarding the number
of pedestrian connections.
6)
Request to modify Stipulation 13 regarding indoor noise
levels.
7)
Request to modify Stipulation 14 regarding the
development of noise mitigation walls.
8)
Request to modify Stipulation 15 regarding noise wall
setbacks.
9)
Request to modify Stipulation 16 regarding perimeter
wall materials.
10)
Request to modify Stipulation 24 regarding construction
of detached sidewalks.
11)
Request to modify Stipulation 25 regarding street
improvements.
12)
Request to delete Stipulation 27 regarding a 30-foot
right-of-way dedication along the southern boundary of
the project.
13)
Request to delete Stipulation 27.a regarding drought-
tolerant trees.
14)
Request to delete Stipulation 27.b regarding drought-
tolerant shrubs.
15)
Request to delete Stipulation 28 regarding a minimum
right-of-way.
ATTACHMENT C
REPORT OF PLANNING HEARING OFFICER ACTION 
Byron Easton, Planner III, Hearing Officer  
Teresa Garcia, Planner I, Assisting  
October 16, 2024

Planning Hearing Officer Summary of October 16, 2024 
Application PHO-2-24—Z-8-22-1 
Page 2 
 
16) 
Request to delete Stipulation 28.a regarding drought 
tolerant trees in landscaped areas in right-of-way. 
17) 
Request to delete Stipulation 28.b regarding drought 
tolerant vegetation ground coverage in landscaped 
areas in right-of-way. 
18) 
Request to delete Stipulation 37 regarding capping and 
abandonment of existing wells. 
19) 
Request to modify Stipulation 38 regarding a petition to 
the Street Transportation Department to eliminate 
required street light infrastructure. 
20) 
Request to delete Stipulation 39 regarding primary 
construction access. 
21) 
Request to delete Stipulation 40 regarding roadway 
damage repair. 
22) 
Request to delete Stipulation 41 regarding disclosure 
language in future leases for a portion of Jenny Lin 
Road. 
23) 
Request to modify Stipulation 42 regarding Phase 1 to 
be in general conformance with the site plan date 
stamped May 4, 2023. 
24) 
Request to modify Stipulation 43 regarding Phase 1 to 
be in general conformance with the elevations and 
design elements date stamped August 29, 2022. 
25) 
Request to modify Stipulation 44 regarding the 
maximum dwelling units for Phase 1. 
26) 
Request to delete Stipulation 45 regarding Phase 2 to 
be in general conformance with the site plan. 
27) 
Request to delete Stipulation 46 regarding Phase 2 to 
be in general conformance with the elevations. 
28) 
Request to delete Stipulation 47 regarding the number 
of lots for Phase 2. 
29) 
Request to delete Stipulation 48 regarding conceptual 
site plans and elevations for Phase 3. 
30) 
Request to delete Stipulation 49 regarding surface 
parking lot landscaped areas for Phase 3. 
Applicant: 
Bela Flor Communities 
Owner: 
 
Circle Mountain Holdings LLC 
Representative: Adam Baugh, Withey Morris Baugh, PLC 
 
ACTIONS: 
 
Planning Hearing Officer Recommendation:  The Planning Hearing Officer 
recommended denial as filed and approval with modifications.

Planning Hearing Officer Summary of October 16, 2024 
Application PHO-2-24—Z-8-22-1 
Page 3 
 
Village Planning Committee (VPC) Recommendation:  The Rio Vista Village 
Planning Committee heard this request on October 8, 2024 and recommended 
approval with a modification by a vote of 3-0. 
 
DISCUSSION: 
 
Adam Baugh, representative of Withey Morris Baugh, PLC, 2525 East Arizona 
Biltmore Circle, gave an overview of the case and the site. He stated the northern 
portion of the property came to PHO last year and a lot of the modification 
requests were identical to the previous case. He noted most of the modification 
requests were based on the current phase of the project and were not applicable 
to the property. He noted the developer wants to reduce the number townhome 
units from 288 to 151 and lengthen the driveways for this portion of the property. 
He noted the north/south pedestrian connection from Jenny Lin Road to Circle 
Mountain Drive will remain for this phase of the project and each phase will have 
their own pedestrian connection. 
 
Byron Easton, Planning Hearing Officer, asked Mr. Baugh how many more feet 
the driveways were lengthened by. 
 
Mr. Baugh stated two feet making them 18 feet in length. 
 
He recommended approval to Requests 1, 2, 3, 4, and 5 stating the stipulations 
were not applicable to the property. He recommended approval with a 
modification to Request 6 and asked if Mr. Baugh was going to use a licensed 
noise engineer from Arizona based on previous stipulation language. 
Mr. Baugh noted that they changed the language to “an acoustical consultant” as 
there was no such thing as a noise engineer, which was discussed at the 
previous PHO. He stated they intend on using an acoustical consultant licensed 
with the state.  
 
Mr. Easton recommended approval to Requests 7, 8, 9, 10, 11, 12, 13, 14, 15, 
16, 17, 18, 19, and 20. He stated the Street Transportation Department said 
Stipulation 38 was originally added by the Rio Vista Village Planning Committee 
(VPC) because it has a direct effect on right-of-way standards and the developer 
needs to work with the Planning and Development Department regarding lighting 
requirements. He noted the subdivision does not meet the qualifications of the 
Streetlighting Layout Guidelines. He recommended denial as filed to Request 21. 
He stated the Rio Vista VPC did not approve of the deletion and recommended 
that the developer promptly repair any roadway damage that may occur on Circle 
Mountain Road during construction.  
 
He recommended approval to Requests 22, 23, 24, 25, 26, 27, 28, 29, and 30. 
He stated there will be no additional stipulations and the Prop 207 and 
archaeological stipulations were added to the previous PHO case.

Planning Hearing Officer Summary of October 16, 2024 
Application PHO-2-24—Z-8-22-1 
Page 4 
 
FINDINGS: 
 
1) The request for modification of Stipulation 1 is recommended to be 
approved.  The remaining parcel (South Phase I) that was originally 
planned as part of phased development is now being developed as a 
single phased development and now longer needs the language 
referencing phasing. 
 
2) The request for modification of Stipulation 2 is recommended approved. 
This stipulation change is to maintain consistency with the other PHO 
approvals for phases 2 & 3 which were approved earlier this year. This 
stipulation change removes the portion of the larger rezoning area that is 
not applicable to this site and reduces the setback along the west property 
line to be consistent with the prior PHO approval completed by Lennar 
Homes to the north. The setback reduction to 58 feet is consistent with 
development in the area and directly adjacent to the north. 
 
3) Request for the modification of Stipulation 11 is recommended approved.  
This stipulation has been modified to remove the area that is not 
applicable to the site. 
 
4) The Request to delete Stipulation 12.b regarding the north-south 
pedestrian connection is recommended to be approved.  This stipulation 
was intended to ensure a pedestrian connection through the adjacent 
developments, it is now location specific and shall be enforced as such.  
The development to the south and to the north will still be stipulated to 
provide this north-south pedestrian connection from Circle Mountain Road 
to Jenny Lin Road.  
 
5) The request to modify Stipulation 12.c regarding the number of pedestrian 
connections is approved.  One connection to the western adjacent trail is 
sufficient for a singular phase of development. 
 
6) The request to modify Stipulation 13 regarding indoor noise levels is 
approved with a modification.  The stipulation is recommended to be 
modified to add more modern language regarding qualified professionals 
that evaluate decibel day nightlevel (DNL).  
 
7) The request to modify Stipulation 14 is approved. The change is 
necessary to specify wall height and add updated language clarifying the 
need for an Acoustical Consultant. 
 
8) The Request to modify Stipulation 15 regarding noise wall setbacks is 
approved.  Interior walls do not need to provide visual interest.  The intent 
of the stipulation is to provide visual interest for residents and visitors from 
perimeter streets.

Planning Hearing Officer Summary of October 16, 2024 
Application PHO-2-24—Z-8-22-1 
Page 5 
 
 
9) The Request to modify Stipulation 16 regarding wall materials is 
approved with modifications.  The original request to add language 
regarding limiting the architectural treatments of the walls to only corners 
and end columns was denied but the language specifying the location of 
the stone treatments was modified. 
 
10) The Request to modify Stipulation 24 regarding Jenny Lin Road is 
approved. Jenny Lin Road does not border the site. 
 
11) The Request to modify Stipulation 25 regarding Jenny Lin Road is 
approved. Jenny Lin Road does not border the site. 
 
12) The Request to delete Stipulation 27, 27.a and 27.b regarding a 30-foot 
right-of-way dedication along the southern boundary of Project III and 
associated landscaping is approved. The stipulation are not applicable to 
the site. 
 
13) The Request to modify Stipulation 28, 28.a and 28.b regarding a 60-foot 
right-of-way dedication along the northern boundary Project II and 
associated landscaping is approved. The stipulations are not applicable 
to the site. 
 
14) The Request to delete Stipulation 37 is approved.  If there are no wells on 
the property. 
 
15) The Request to to modify Stipulation 38 regarding a petition to the Street 
Transportation Department to eliminate required street light infrastructure 
is recommended to be approved.  The Stipulation modification provides 
additonal clarity regarding how the project will meet the dark skies 
requirements. 
 
16) The Request to delete Stipulation 39 regarding primary construction 
access from Circle Mountain Road is recommended to be approved.  
This Stipulation does not pertain to this site. 
 
17) The Request to delete Stipulation 40 regarding roadway damage and 
repair is recommended denial as filed.  The Rio Vista Village Planning 
Committee recommended keeping the Stipulation with a modification to 
add Circle Mountain Road in replacement of Jenny Lin Road. 
 
18) The Request to delete Stipulation 41 regarding disclosure language in 
future leases for a portion of Jenny Lin Road is approved as it is not 
applicable to the site.

Planning Hearing Officer Summary of October 16, 2024 
Application PHO-2-24—Z-8-22-1 
Page 6 
 
19) The Request to modify Stipulation 42 regarding Phase 1 to be in general 
conformance with the site plan date stamped May 4, 2023 has been 
approved with a modification.  The date is being modified to reflect the 
latest version of the site plan that was presented to the Rio Vista VPC 
and at the PHO Hearing.  The revised and current version of the site plan 
was submitted to Staff and date stamped October 11, 2024. 
 
20) The Request to modify Stipulation 43 regarding Phase 1 to be in general 
conformance to the elevations and design elements date stamped August 
29, 2022 is approved with a modification to update the date to reflect the 
latest version of the elevations.  The elevations submitted and reviewed 
at the hearing were date stamped August 30, 2024. 
 
21) The Request to modify Stipulation 44 regarding the maximum dwelling 
units for Phase 1 is recommended to be approved.  This stipulation has 
been updated to capture the new number of proposed units for the site. 
 
22) The Request to delete Stipulation 45 regarding Phase 2 to be in general 
conformance with the site plan is recommended to be approved as it is 
not applicable to the site. 
 
23) The Request to delete Stipulation 46 regarding Phase 2 to be in general 
conformance with the elevations is recommended to be approved as it is 
not applicable to the site. 
 
24) The Request to delete Stipulation 47 regarding the number of lots for 
Phase 2 is recommended to be approved as it is not applicable to the 
site. 
 
25) The Request to delete Stipulation 48 regarding conceptual site plans and 
elevations for Phase 3 is recommended to be approved as it is not 
applicable to the site. 
 
26) The Request to delete Stipulation 49 regarding surface parking lot 
landscaped areas for Phase 3 is recommended to be approved as it is 
not applicable to the site. 
 
STIPULATIONS: 
 
Overall Site 
 
 
1. 
Each phase of The development shall utilize the Planned Residential 
Development (PRD) option. 
 
 
2. 
A minimum building setback of 58 100 feet shall be provided along the

Planning Hearing Officer Summary of October 16, 2024 
Application PHO-2-24—Z-8-22-1 
Page 7 
 
west property line, except for the norther most 1,007 feet, which shall have 
a minimum building setback of 55 feet, as approved by the Planning and 
Development Department. 
 
 
3. 
A minimum landscaped setback of 30 feet shall be provided along the 
west property line, as approved by the Planning and Development 
Department. 
 
 
4. 
All perimeter setbacks adjacent to public streets 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 with a staggered row of trees for every 20 feet 
of setback. 
 
 
 
b. 
Drought tolerant shrubs and vegetative groundcovers to achieve a 
minimum of 75% live vegetative ground coverage at maturity. 
 
 
5. 
A minimum of 10% of the required shrubs shall be a milkweed or other 
native nectar species and shall be planted in groups of three or more, as 
approved by the Planning and Development Department. 
 
 
6. 
All pedestrian pathways and trails, including sidewalks, shall be shaded by 
a structure, landscaping at maturity, or a combination of the two to provide 
minimum 75% shade, calculated at summer solstice at noon as shown on 
a shading study, as approved by the Planning and Development 
Department. 
 
 
7. 
Where pedestrian walkways cross a vehicular path, the pathway shall be 
constructed of decorative pavers, stamped, or colored concrete, or other 
pavement treatments, that visually contrasts parking and drive aisle 
surfaces, as approved by the Planning and Development Department. 
 
 
8. 
The primary entry/exit drives into the residential developments shall 
incorporate decorative pavers, stamped or colored concrete, or similar 
alternative material, as approved by the Planning and Development 
Department. 
 
 
9. 
The primary entry/exit drives into the residential developments shall 
incorporate enhanced landscaping on both sided within minimum 250-
square-foot landscape areas and shall incorporate a minimum 5-foot-wide 
landscape median, planted with a variety of at least three plant materials, 
as approved by the Planning and Development Department.

Planning Hearing Officer Summary of October 16, 2024 
Application PHO-2-24—Z-8-22-1 
Page 8 
 
10. 
Traffic calming measures shall be provided at all site entries and exits to 
slow down vehicular speeds as they approach sidewalks and trails, as 
approved by the Planning and Development Department. 
 
 
11. 
Each phase of The development shall provide bicycle infrastructure as 
described below, as approved by the Planning and Development 
Department. 
 
 
 
a. 
Secured bicycle parking shall be provided for units without garages at 
a rate of 0.25 spaces per multifamily residential dwelling unit, up to a 
maximum of 50 spaces. 
 
 
 
b. 
Guest bicycle parking shall be provided at a minimum of 0.05 spaces 
per multifamily residential and single-family residential dwelling unit, 
up to a maximum of 50 spaces. Guest bicycle parking for single-
family residential shall be located in open space and amenity areas. 
Bicycle parking spaces shall be provided through Inverted U and/or 
artistic racks located near the community center and/or clubhouse 
and open space areas and installed per the requirements of Section 
1307.H. of the Phoenix Zoning Ordinance. Artistic racks shall adhere 
to the City of Phoenix Preferred Designs, in Appendix K of the 
Comprehensive Bicycle Master Plan. 
 
 
 
c. 
A bicycle repair station (“fix it station”) shall be provided and 
maintained on the site within an amenity area or near a primary site 
entrance. The bicycle repair station (“fit it station”) shall be provided 
in an area of high visibility and separated from vehicular maneuvering 
areas, where applicable. The repair station shall include, but not be 
limited to standard repair tools affixed to the station, a tire gauge and 
pump affixed to the base of the station or the ground, and a bicycle 
repair stand which allows pedals and wheels to spin freely while 
making adjustments to the bike. 
 
 
12. 
A Water Master Plan, Wastewater Master Plan, and Trails and Pedestrian 
Circulation Master Plan for the overall development, per the requirements 
of the Planned Community District (PCD), Section 636 of the Phoenix 
Zoning Ordinance, shall be provided and updated with each phase of 
development to include the following elements, as approved by the 
Planning and Development Department. 
 
 
 
a. 
A 30-foot-wide multi-use trail easement (MUTE) shall be dedicated 
along the west side of the site adjacent to the 1-17 frontage road and 
a minimum 10-foot-wide multi-use trail (MUT) shall be constructed 
within the easement, in accordance with the MAG supplemental 
detail and as approved or modified by the Planning and Development

Planning Hearing Officer Summary of October 16, 2024 
Application PHO-2-24—Z-8-22-1 
Page 9 
 
department. 
 
 
 
b. 
A north-south pedestrian connection shall be provided THROUGH 
THE CENTER OF THE DEVELOPMENT TO FACILITATE THE 
EVENTUAL CONNECTION FROM CIRCLE MOUNTAIN ROAD TO 
JENNY LIN ROAD, AS APPROVED BY THE PLANNING AND 
DEVELOPMENT DEPARTMENT.to connect all phases of the 
development, including the area between Project II and Project III. 
 
 
 
c. 
ONE Four pedestrian connections shall be provided from the site 
leading to the adjacent trails directly east or west of the site. 
 
 
 
d. 
Pedestrian access shall be provided to future development to the 
east for each phase of development. 
 
 
13. 
PRIOR TO FINAL SITE PLAN APPROVAL, THE DEVELOPER SHALL 
INCLUDE WITH THE BUILDING PLANS SUBMITTED FOR PHOENIX 
BUILDING CONSTRUCTION CODE COMPLIANCE REVIEW 
CERTIFICATION BY AN ACCOUSTICAL CONSULTANT 
DEMONSTRATING THE AVERAGE The indoor noise levels of residential 
units shall not exceed a decibel day night-level (DNL) of 45 decibels, as 
approved by the Planning and Development Department. A sealed and 
signed analysis by an engineer licensed in Arizona with a proficiency in 
residential sound mitigation or noise control shall be included with the 
building plans submitted for Phoenix Building Construction Code 
compliance review to the Planning and Development Department. The 
engineer shall note in the analysis that the building design is capable of 
achieving the required Noise Level Reduction. 
 
 
14. 
Noise mitigation walls shall be provided along the west perimeter of the 
site. The wall height shall be A MINIMUM OF 8 FEET OR AS determined 
through a noise analysis prepared by AN ACOUSTICAL CONSULTANT a 
registered professional engineer. The wall shall be constructed of 
minimum 8-inch-thick concrete masonry units (CMU) or of cast-in-place 
concrete and contain no openings unless they are above the minimum 
height required for adequate noise mitigation or for drainage. Noise walls 
shall be constructed to wrap around corner lots and areas near 
intersections. Wrap around walls, upon turning a corner, shall continue for 
at least 120 feet (approximately two lot widths), as approved by the 
Planning and Development Department. 
 
 
15. 
Perimeter walls, noise walls, and other walls ADJACENT TO PERIMETER 
STREETS shall vary by a minimum of four feet every 400 lineal feet to 
visually reflect a meandering or staggered setback, as approved by the 
Planning and Development Department.

Planning Hearing Officer Summary of October 16, 2024 
Application PHO-2-24—Z-8-22-1 
Page 10 
 
 
 
16. 
Perimeter walls, including the noise wall ALONG THE WEST AND 
SOUTH PERIMETER, shall incorporate stone veneer, stonework, or 
integral color CMU block, as approved by the Planning and Development 
Department. 
 
 
17. 
Interior walls and privacy fencing, excluding walls located between lots, 
shall use materials and colors that blend with the natural desert 
environment, as approved by the Planning and Development Department. 
 
 
18. 
A minimum of 15% of each phase shall be retained as open space, 
including washes and hillside areas, as approved by the Planning and 
Development Department. 
 
 
19. 
Each phase of the development shall contain a minimum of four shaded 
active recreation amenities, such as a tot lot, picnic areas, seating 
features, garden amenities, or similar amenities, as approved by the 
Planning and Development Department. 
 
 
20. 
A combination of view walls/fencing and partial view walls/fencing shall be 
incorporated along property lines adjacent to dedicated public or private 
open space areas, natural and/or improved drainageways or recreational 
areas, as approved by the Planning and Development Department. 
 
 
21. 
Drainage 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 Department. 
 
 
22. 
A minimum of 2% of the required parking spaces, including garages, shall 
include Electric Vehicle (EV) Installed infrastructure and 5% of the 
required parking spaces shall include EV Capable infrastructure, as 
approved by the Planning and Development Department. 
 
 
23. 
Minimum 5-foot-wide detached sidewalk and minimum 5-foot-wide 
landscape strips located between the back of curb and sidewalk within the 
development shall be constructed and planted to the following standards, 
as approved by the Planning and Development Department. 
 
 
 
a. Minimum 2-inch caliper single-trunk large canopy drought-tolerant 
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 vegetative ground coverage at 
maturity.

Planning Hearing Officer Summary of October 16, 2024 
Application PHO-2-24—Z-8-22-1 
Page 11 
 
 
Where utility conflicts arise, the developer shall work with the planning and 
Development Department on an alternative design solution consistent with 
a pedestrian environment. 
 
 
24. 
Minimum 5-foot-wide detached sidewalks, or wider to meet Maricopa 
County Department of Transportation (MCDOT) minimum standards, and 
minimum 5-foot-wide landscape strips located between the back of curb 
and sidewalks, or wider to meet MCDOT minimum standards shall be 
constructed along the south side of Jenny Lin Road, the east side of the I-
17 frontage road, and the north side of Circle Mountain Road, planted to 
the following standards. The developer shall record a landscaping 
maintenance agreement with the Maricopa County Department of 
Transportation (MCDOT) requiring the landowner and/or property 
management to maintain the installed landscaping withing MCDOT right-
of-way to the following planting standards, as approved by MCDOT and 
the Planning and Development Department. 
 
 
 
a. Minimum 2-inch caliper single-trunk large canopy drought-tolerant 
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 vegetative ground coverage at 
maturity. 
 
 
 
Where utility conflicts arise, the developer shall work with the MCDOT and 
the Planning and Development Department on an alternative design 
solution consistent with a pedestrian environment. 
 
 
25. 
All right-of-way dedication and street improvements for Circle Mountain 
Road AND the I-17 frontage road and Jenny Lin Road shall comply with 
Maricopa County Department of Transportation (MCDOT) requirements, 
as approved by MCDOT. Where possible the County Rural Residential 
Cross Section shall be utilized for Jenny Lin Road. 
 
 
26. 
A minimum 65-feet of right-of-way shall be dedicated, and the east half of 
the I-17 frontage road shall be constructed per the Maricopa County 
Department of Transportation (MCDOT) Rural Minor Arterial cross section, 
as required and approved by MCDOT. 
 
 
27. 
A minimum of 30 feet of right-of-way shall be dedicated and constructed 
for the north side of the minor collector street along the southern boundary 
of Project III. The improvements shall be consistent with Minor Collector 
Cross Section F and include a minimum  5-foot-wide detached sidewalk 
separated by a minimum 8-foot-wide landscape strip located between the 
back of curb and sidewalk, planted to the following standards, as approved

Planning Hearing Officer Summary of October 16, 2024 
Application PHO-2-24—Z-8-22-1 
Page 12 
 
by the Planning and Development Department. 
 
 
 
a. Minimum 2-inch caliper single-trunk large canopy drought-tolerant 
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 vegetative ground coverage at 
maturity. 
 
 
 
Where utility conflicts arise, the developer shall work with the MCDOT and 
the Planning and Development Department on an alternative design 
solution consistent with a pedestrian environment. 
 
 
28. 
A minimum of 60 feet of right-of-way shall be dedicated and constructed 
for the full width of the minor collector street along the northern boundary 
of Project II. The improvements shall be consistent with Minor Collector 
Cross Section f and include minimum 5-foot-wide detached sidewalks 
separated by minimum 5-foot-wide landscape strips located between the 
back of curb and sidewalk, planted to the following standards, as approved 
by the Planning and Development Department. 
 
 
 
a. Minimum 2-inch caliper single-trunk large canopy drought-tolerant 
shade trees planted 20 feet on center on in equivalent groupings. 
 
 
 
b. Drought tolerant shrubs, accents, and vegetative groundcovers to 
achieve a minimum of 75% live vegetative ground coverage at 
maturity. 
 
 
 
Where utility conflicts arise, the developer shall work with the MCDOT and 
the Planning and Development Department on an alternative design 
solution consistent with a pedestrian environment. 
 
 
27 
29. 
Enhanced pedestrian connections shall be designed and constructed at all 
public street crossing locations to interconnect the pedestrian trails 
throughout the entirety of the site, as approved by the Street 
Transportation Department and the Planning and Development 
Department. 
 
 
28. 
30. 
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 and MCDOT (where 
applicable). All improvements shall comply with all ADA accessibility 
standards.

Planning Hearing Officer Summary of October 16, 2024 
Application PHO-2-24—Z-8-22-1 
Page 13 
 
29. 
31. 
A Red Border Letter shall be submitted to the Arizona Department of 
Transportation (ADOT) for this development. 
 
 
30. 
32. 
The developer shall record documents that disclose to prospective 
purchasers and renters of property within the development the existence 
of noise from the I-17 Freeway. The form and content of such documents 
shall be reviewed and approved by the City prior to recordation. 
 
 
31. 
33. 
If determined necessary by the Phoenix Archeology 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 
Archeologist prior to clearing and grubbing, landscape salvage, and /or 
grading approval. 
 
 
32. 
34. 
If Phase I data testing is required, and if, upon review of the results from 
Phase I data testing, the City Archeologist, in consultation with a qualified 
archeologist, determines such data recovery excavations are necessary, 
the applicant shall conduct Phase II archeological data recovery 
excavations. 
 
 
33. 
35. 
In the event archeological materials are encountered during construction, 
the developer shall immediately cease all ground disturbing activities 
within 33-foot radius of the discovery, notify the City Archeologist, and 
allow time for the Archeology Office to properly assess the materials. 
 
 
34. 
36. 
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. 
 
 
37. 
Prior to the construction of any residences, all existing wells within the 
development shall be capped and abandoned, as required by the Arizona 
Department of Water Resources (ADWR). 
 
 
35. 
38. 
ALL STREET, SITE, AND BUILDING LIGHTING SHALL BE DARK SKY 
COMPLIANT, AS APPROVED BY THE PLANNING AND 
DEVELOPMENT DEPARTMENT AND THE STREET 
TRANSPORTATION DEPARTMENT. The development shall petition the 
Street Transportation Department to eliminate the requirement for street 
light infrastructure for the development where possible in an effort to 
protect dark skies. 
 
 
39. 
Primary construction access shall be from Circle Mountain Road, or the 
frontage road, and ancillary construction activity and access may occur on 
Jenny Lin Road during parts of Project III, as approved by the City of

Planning Hearing Officer Summary of October 16, 2024 
Application PHO-2-24—Z-8-22-1 
Page 14 
 
Phoenix Planning and Development Department. 
 
 
36. 
40. 
The developer shall promptly repair any roadway damage that may occur 
on CIRCLE MOUNTAIN ROAD Jenny Lin Road during construction. 
 
 
41. 
The developer shall include disclosure language in future leases requiring 
all residents of Project III to acknowledge that a portion of Jenny Lin Road 
is private property, and no trespass is permitted. 
 
 
Phase 1 (R-3 Zoned Area) 
 
 
37. 
42. 
The development shall be in general conformance with the site plan date 
stamped OCTOBER 11, 2024 May 4, 2023, as modified by these 
stipulations and as approved by the Planning and Development 
Department. 
 
 
38. 
43. 
The development shall be in general conformance with the elevations date 
stamped AUGUST 30, 2024 August 29, 2022, with specific regard to the 
following elements, as modified by these stipulations and as approved by 
the Planning and Development Department. 
 
 
 
a. Spanish Colonial architectural style 
 
 
 
b. Windows and glass doors with muntins and mullions 
 
 
 
c. 
Decorative lighting fixtures at building entrances/exits and by garage 
doors 
 
 
 
d. Covered front porches 
 
 
 
e. Window and door treatment 
 
 
 
f. 
Decorative doors 
 
 
 
g. Architectural embellishments including, but not limited to, corbels and 
terracotta gable vent tubes 
 
 
39. 
44. 
Phase 1 of The development shall be limited to a maximum of 151 288 
dwelling units. 
 
 
Phase 2 (R-2 Zoned Area) 
 
 
45. 
The development shall be in general conformance with the site plan date 
stamped April 13, 2023, as modified by these stipulations and as approved

Planning Hearing Officer Summary of October 16, 2024 
Application PHO-2-24—Z-8-22-1 
Page 15 
 
by the Planning and Development Department. 
 
 
46. 
The development shall be in general conformance with the elevations date 
stamped August 29, 2022, with specific regard to the following elements, 
as modified by these stipulations and as approved by the Planning and 
Development Department. 
 
 
 
a. 
Variety of architectural styles 
 
 
 
b. 
Windows and glass doors with muntins and mullions 
 
 
 
c. 
Decorative lighting fixtures at buildings entrances/exits and by garage 
doors 
 
 
 
d. 
Covered front porches and covered rear patios 
 
 
 
e. 
Garage, window and door treatment 
 
 
 
f. 
Decorative doors 
 
 
 
g. 
Architectural embellishments including, but not limited to, corbels, 
terracotta gable vent tubes, and window shutters 
 
 
 
h. 
Gable end treatment with varied materials and colors 
 
 
 
i. 
Breaking of massing and with varied materials and colors 
 
 
47. 
Phase 2 of the development shall be limited to a maximum of 172 lots. 
 
 
Phase 3 (R-3A Zoned Area) 
 
 
48. 
Conceptual site plans and elevations for Phase 3 shall be reviewed and 
approved by the Planning Hearing Officer through the public hearing 
process for stipulation modification prior to preliminary site plan approval 
with specific regard to the inclusion of the below elements. This is a 
legislative review for conceptual purposes only. Specific development 
standards and requirements will be determined by the Planning Hearing 
Officer and the Planning and Development Department. 
 
 
 
a. 
All building facades shall contain architectural embellishments and 
detailing such as, but not limited to, textural changes, pilasters, 
offsets, recesses, window fenestration, shadowboxes, and canopies. 
 
 
 
b. 
Building and wall colors shall be muted and blend with, rather than

Planning Hearing Officer Summary of October 16, 2024 
Application PHO-2-24—Z-8-22-1 
Page 16 
 
contrast, with the surrounding desert environment. Accent colors may 
be appropriate but used judiciously and with restraint. 
 
 
 
c. 
An architectural theme shall convey a sense of continuity through all 
phases. 
 
 
49. 
A minimum of 10% of surface parking lot areas, exclusive of perimeter 
landscape setbacks, shall be landscaped. The surface parking lot areas 
shall be landscaped with minimum 2-inch caliper large canopy drought-
tolerant shade trees and shall be dispersed throughout the parking area to 
achieve a minimum 25% shade at maturity, as approved by the Planning 
and Development Department. 
 
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. To request a reasonable accommodation, please contact Teleia Galaviz 
at teleia.galaviz@phoenix.gov or (602) 291-2559 or TTY: 7-1-1.