Attachment B - PHO Staff Report - PHO-2-24--Z-181-99-3.pdf
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Staff Report: PHO-2-24--Z-181-99-3
June 4, 2024
APPLICATION #:
PHO-2-24--Z-181-99-3
LOCATION:
Approximately 350 feet south of the southeast corner of 26th
Street and Vogel Avenue
EXISTING ZONING:
R1-6
ACREAGE:
2.00
REQUEST:
1) Request to modify Stipulation 1 regarding general
conformance to the site plan and elevations date stamped
March 2, 2017.
2) Request to modify Stipulation 2 regarding maximum
dwelling units and maximum density.
3) Request to modify Stipulation 3 regarding maximum
building height.
4) Request to delete Stipulation 6 regarding sewer odor
mitigation.
5) Request to modify Stipulation 8 regarding property owner
addresses.
APPLICANT:
Hannah Bleam, Withey Morris Baugh, PLC
OWNER:
Tim Hammer, H&H Developers, Inc.
REPRESENTATIVE:
William F. Allison, Withey Morris Baugh, PLC
STAFF RECOMMENDATION
Denial as filed with an additional stipulation, as recommended by the Planning Hearing
Officer (PHO).
$TTACHMENT%
Staff Report-PHO-2-24--Z-181-99-3
June 6, 2024 Planning Commission
Page 2 of 6
PLANNING HEARING OFFICER RECOMMENDATION
On April 17, 2024, the Planning Hearing Officer recommended denial as filed with an
additional stipulation.
VILLAGE PLANNING COMMITTEE RECOMMENDATION
The Paradise Valley Village Planning Committee chose not to hear this case.
BACKGROUND/ANALYSIS
The subject site consists of 2.00 gross acres located approximately 350 feet south of
the southeast corner of 26th Street and Vogel Avenue and is zoned R1-6 (Single-Family
Residence District). The applicant requested the following modification requests:
x Modification of Stipulation 1 regarding general conformance to the site plan and
elevations date stamped March 2, 2017. The applicant’s narrative (Exhibit B)
notes the new site plan necessitates an update of the 2017 stipulation.
x Modification of Stipulation 2 regarding maximum dwelling units and maximum
density. The narrative (Exhibit B) notes the owner is proposing two fewer lots
than the 2017 approval.
x Modification of Stipulation 3 regarding maximum building height. The narrative
(Exhibit B) notes the building height of the homes closest to the neighorhood to
the west would decrease from 20 feet to 12 feet and raise the height of the
remaining homes from 20 feet to 22 feet to preserve the views of the Phoenix
Mountain Preserve.
x Deletion of Stipulation 6 regarding sewer odor mitigation. The narrative (Exhibit
B) notes that it is unclear how the stipulation can be met and enforced.
x Modification of Stipulation 8 regarding property owner addresses. The narrative
(Exhibit B) notes the Maricopa County Assessor’s records indicate ownership
has changed for four of the properties listed.
The appellant/representative argues that the requests outlined in the narrative are
appropriate for this location.
PREVIOUS HISTORY
On June 14, 2000, the Phoenix City Council approved Rezoning Case No. Z-181-99-3,
a request to rezone approximately 1.90 acres located on the east side of 26th Street,
350 feet south of Vogel Avenue (Exhibit E). The proposed development was intended to
be a Planned Residential Development single-family subdivision, consisting of nine lots.
Staff Report-PHO-2-24--Z-181-99-3
June 6, 2024 Planning Commission
Page 3 of 6
The property was vacant and the Apostolic Church proposed a gated community for
retired church members to live under a “life lease” contract. The rezoning request asked
for R-2 PRD option, but was denied as filed and approved R1-6. The original
stipulations stipulated the homes to not exceed one story and 20 feet in height and
maintain a density of 4.7, with no more than nine dwelling units in the subdivision, and
be in general conformance to the site plan and floor plan dated February 23, 2000 and
elevations dated August 2, 1999.
On April 5, 2017, the Phoenix City Council approved PHO-1-16—Z-181-99-3, a request
to delete Stipulation 1 regarding general conformance to a site plan date stamped
February 23, 2000 and elevations dated August 2, 1999 and technical corrections to
Stipulations 4, 7 and 9. The Phoenix City Council ratified the application as
recommended by the Planning Commission and approved PHO-1-16—Z-181-99-3 with
a modification to Stipulation 1 and technical corrections to Stipulations 4,7 and 9.
NEIGHBORHOOD CONCERNS
Public Correspondence
Three letters of opposition were received regarding maintaining the stipulations as is,
and in particular maintaining the height of the homes to single-story and 20 feet.
GENERAL PLAN LAND USE MAP DESIGNATION
Residential 3.5 to 5 dwelling units / acre
CHARACTER OF SURROUNDING LAND USE
Zoning
Land Use
On-site:
R1-6
Vacant
(Proposed single-family
residential)
North:
R1-10
Single-family residential
City booster station
East:
R1-10
Church
West:
R-O
Office
(Across 26th Street)
PAD-6
Single-family residential
Staff Report-PHO-2-24--Z-181-99-3
June 6, 2024 Planning Commission
Page 4 of 6
PLANNING HEARING OFFICER FINDINGS
1) The request for modification of Stipulation 1 is recommended to be denied. The
proposed elevations and site plan date stamped March 1, 2024 are not in general
conformance with the stipulated plan date stamped March 2, 2017. In addition,
the amount of neighbor feedback that supports single-level, single family
development in this location was substantial and warrants consideration from the
PHO. Not to mention, there are no two-story homes in the area and the proposal
would negatively affect the views of the adjacent homeowners.
2) Request to modify Stipulation 2 regarding maximum dwelling units and maximum
density is recommended to be denied. There is no need to lessen the
requirements to meet the proposal. If the applicant is meeting the stipulation
requirements, then a modification is not recommended. If the stipulation was
modified and the houses were not built, the future developer would then have to
meet a more stringent density requirement.
3) Request to modify Stipulation 3 regarding maximum building height is
recommended to be denied. There is substantial evidence that a single-story
maximum height is in the best interest of the community, including the fact that it
was originally stipulated in the 1999 zoning case and subsequently approved in
April 2017. The approved plan shows five, detached, single-family, one-story
homes. The applicant would have to demonstrate substantial community support
to change this height limit and that has not been demonstrated.
4) Request to delete Stipulation 6 regarding sewer odor mitigation is recommended
to be denied. The intent and enforcement of this stipulation will be communicated
to the applicant during the site development process. There is no need to delete
this stipulation because the intent is not clear to the applicant.
5) Request to modify Stipulation 8, regarding property owner addresses is
recommended to be denied. This is also an unnecessary deletion. Please notify
the current owner of the properties listed if the original owner is no longer on
record.
6) The site is identified as archaeologically sensitive and three additional
stipulations are recommended to be included to address requirements for
archaeological survey and testing (Stipulations 8 through 10).
PLANNING HEARING OFFICER RECOMMENDED STIPULATIONS
1.
The development shall be in general conformance to the site plan and
elevations date stamped March 2, 2017, as approved by the Planning and
Development Department.
Staff Report-PHO-2-24--Z-181-99-3
June 6, 2024 Planning Commission
Page 5 of 6
2.
That There SHALL be no more than 9 dwelling units with a maximum
density of 4.7.
3.
That The building height shall not exceed one story and a maximum of 20
feet in height.
4.
That Right-of-way dedications and street alignments for local streets within
the subdivision will be determined by the Planning and Development
Department at the time of Preliminary Subdivision Plan Review.
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
by the City. All improvements shall comply with all ADA accessibility
standards.
6.
That The applicant SHALL install some means of mitigation treatment to
eliminate potential sewer odor.
7.
That The development SHALL be subject to Design Review guideline
standards, as per THE Planning and Development Department.
8.
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.
9.
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.
10.
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.
8.
That The City SHALL mail written notice of any request to modify the
Staff Report-PHO-2-24--Z-181-99-3
June 6, 2024 Planning Commission
Page 6 of 6
11.
above-referenced stipulations to the following:
Dreamy Draw Estates Homeowner's Association, 2510 East Carol
Avenue, Phoenix, AZ 85028.
Phoenix Hillside Estates Property Owners Association, 9247 North 24th
Way, Phoenix, AZ 85028.
Francesca & Joseph Browner, 2616 East Vogel Avenue, Phoenix, AZ
85028.
Judith F. Gunn, 9609 North 26th Place, Phoenix, AZ 85028.
Dr. Kevin Grisham, 9845 North 22nd Place, Phoenix, AZ 85028.
Sharon Oscar, 2527 East Carol Avenue, Phoenix, AZ 85028.
Gini Linam, 2536 East Vogel Avenue, Phoenix, AZ 85028.
Mark Shiya, 9247 North 24th Way, Phoenix, AZ 85028.
Sandy Price, 2626 East Vogel Avenue, Phoenix, AZ 85028.
9.
12.
That The City SHALL notify the above-noted residents of meetings with
THE Planning and Development Department.
Exhibits:
A- Appeal Documents (3 pages)
B- Applicant’s Narrative date stamped March 4, 2024 (24 pages)
C- Aerial Map (1 page)
D- Zoning Map (1 Page)
E- Zoning Error Letter for Rezoning Case No. Z-181-99-3 (9 pages, excludes most
enclosures)
F- Approval Letter for PHO-1-16—Z-181-99-3 (2 pages)
G- Sketch Map from PHO-1-16—Z-181-99-3 (1 page)
H- PHO Summary for PHO-2-24—Z-181-99-3 from April 17, 2024 (6 pages)
I- Conceptual Site Plan, date stamped March 2, 2017 (1 page)
J- Conceptual Site Plan, date stamped March 11, 2024 (2 pages)
K- Elevations, date stamped March 2, 2017 (1 page)
L- Elevations, date stamped March 1, 2024 (3 pages)
M- Public Correspondence (17 pages)
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EXHIBIT A
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EXHIBIT B
EXHIBIT C
EXHIBIT D
EXHIBIT E
March 2023 Site Plan
•
9 lots/homes
•
4 driveways, curb
cuts along 26th Street
•
Lots 1 -5 - two
stories, 22 feet
•
Lots 6-9 - one story,
12 feet
Lot 1
Lot 2
Lot 3
Lot 4
Lot 9
Lot 8
Lot 6
Lot 7
Lot 5
EXHIBIT F
April 2023 Site Plan
•
7 Lots/homes
•
2 driveways, curb cuts
along 26th Street
•
Lots 1 -5 - two stories,
22 feet
•
Lots 6-7 - one story, 12
feet
Lot 1
Lot 2
Lot 3
Lot 4
Lot 5
Lot 6
Lot 7
EXHIBIT G
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E NORTHERN AVE
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N A51@32ND ST NB SO
N 27TH ST
N 26TH PL
N 26TH ST
N 25TH ST
N 28TH ST
E VOGEL AVE
N 26TH ST
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E HATCHER RD
E CAROL AVE
N A51@32ND ST SB SO
N PIESTEWA PKWY
R1-10
R1-6*
R-O*
R1-6*
PAD-6
mapservices@phoenix.gov
Planning & Development Department
PHO-2-24--Z-181-99-3
Property Location: Approximately 350 feet south of the southeast corner of 26th Street
and Vogel Avenue
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N 27TH PL
E NORTHERN AVE
E CAROL
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N A51@26TH ST SB ON
N 25TH PL
N 27TH ST
N 26TH PL
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N 25TH ST
E VOGEL AVE
N A51@32ND ST NB SO
N 26TH ST
E VOGEL AVE
N 28TH ST
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N A51@32ND ST SB SO
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PAD-6
R1-6*
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R1-6*
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Planning & Development Department
PHO-2-24--Z-181-99-3 Property Location: Approximately 350 feet south of the southeast corner of 26th Street
and Vogel Avenue
0
210
420
105
Feet ´
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Z-181-99-3
Z-180-99-3
Z-SP-4-00-3
E HATCHER RD
SR-51
E NORTHERN AVE
N 24TH ST
N 28TH ST
E CAROL AVE
N 26TH ST
N 24TH WAY
E VOGEL AVE
N 25TH ST
N 27TH ST
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mapservices@phoenix.gov
RE 3/25/2016 Aerial Date: 2014
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LOCATION MAP
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26TH ST
CINNABAR AV
MOUNTAIN VIEW RD
28TH ST
NORTHERN AV
HATCHER RD
TURQUOISE DR
24TH ST
24TH PL
25TH ST
CAROL AV
24TH WY
VOGEL AV
27TH PL
IRONWOOD DR
25TH PL
26TH PL
27TH ST
PURDUE AV
25TH ST
28TH ST
TURQUOISE DR
24TH ST
CAROL AV
27TH PL
27TH ST
R1-10
PAD-6
PAD-6
R-O *
Z-123-97
R-2 PRD *
Z-181-99
R1-6 *
Z-299-83
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Paradise Valley Village
CITY COUNCIL DISTRICT 3
PLANNING HEARING OFFICER - October 19, 2016
J
PHO-1-16 -- Z-181-99-3
DEER VALLEY DR
SR 101
UNION HILLS DR
BELL RD
GREENWAY RD
THUNDERBIRD RD
CACTUS RD
SHEA BLVD
S
Q
U
A
W
PEAK PKWY (SR 51)
16TH ST
24TH ST
32ND ST
0TH ST
UM BLVD
56TH ST
64TH ST
SCOTTSDALE RD
PHO-1-16 -- Z-181-99-3
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REPORT OF PLANNING HEARING OFFICER ACTION
Byron Easton, Planner III, Hearing Officer
Teresa Garcia, Planner I, Assisting
April 17, 2024
ITEM NO: 3
DISTRICT NO. 3
SUBJECT:
Application #:
PHO-2-24--Z-181-99-3
Location:
Approximately 350 feet south of the southeast corner of 26th
Street and Vogel Avenue
Zoning:
R1-6
Acreage:
2.0
Request:
1) Request to modify Stipulation 1 regarding general
conformance to the site plan and elevations date stamped
March 2, 2017.
2) Request to modify Stipulation 2 regarding maximum
dwelling units and maximum density.
3) Request to modify Stipulation 3 regarding maximum
building height.
4) Request to delete Stipulation 6 regarding sewer odor
mitigation.
5) Request to modify Stipulation 8, regarding property owner
addresses.
Applicant:
Hannah Bleam, Withey Morris Baugh, PLC
Owner:
H&H Developers, Inc./Tim Hammer
Representative: Hannah Bleam, Withey Morris Baugh, PLC
ACTIONS:
Planning Hearing Officer Recommendation: The Planning Hearing Officer
recommended denial as filed with an additional stipulation.
Village Planning Committee (VPC) Recommendation: The Paradise Valley
Village Planning Committee chose to not review the application.
DISCUSSION:
Bill Allison, representative of Withey Morris Baugh, PLC, 2525 East Arizona
Biltmore Circle, gave an overview and history of the site. The proposed
development from 2016 was not received well by the adjacent neighborhood and
a revised site plan containing 5 single-family homes was submitted and approved
in 2017. He stated the homes were all single-story and featured a single internal
drive. He stated a new site plan was proposed in March 2023 containing 9
homes and 4 access points to 26th Street through a combination of shared
Planning Hearing Officer Summary of April 17, 2024
Application PHO-2-24—Z-181-99-3
Page 2
driveways and a private accessway. He detailed lots 1-5 would be two-story
homes and lots 6-9 would contain one-story homes. He stated the neighbors
were concerned with the proposed development and held another neighborhood
meeting in April 2023 proposing 7 homes and 2 access points to 26th Street. The
neighbors were concerned with the height of the two-story homes interfering with
the mountain views and the access points would threaten the safety in the right-
of-way. He stated after a good discussion with the neighbors, the new site plan
will have an internal drive like the original proposal, 2 one-story homes (12 feet in
height) on the northern most side adjacent to residential, and the remaining 5 lots
will be two-story homes (22 feet in height). He stated the mountain views will still
be retained with the proposed building heights.
Josh Alquist, 9609 North 26th Place, lives in the home directly north of the
development. He stated over 80 neighbors signed an online petition for the
developer to abide by the original stipulations. He stated the neighbors do not
wish for the land to remain undeveloped but they want the original stipulations to
remain to retain the mountain views. He stated the two-story homes would be
high-profile and neighbors would be unable to see around them. He stated he
never heard of the height being measured to the midpoint and stated Mr. Allison
was talking about the maximum height instead.
Mr. Allison stated they are using the definition of “building height” per the City of
Phoenix Zoning Ordinance when determining the height of the homes. He stated
they are allowed to build up to the allowed height the zoning district allows unless
a stipulation says otherwise. He stated the owner has tried to be receptive to the
neighborhood and revise the site plan as much as possible.
Shauna Conly, 2321 East Hatcher Road, stated she lived in the Phoenix Hillside
Estates gated community and she would directly be affected by the proposed
development. She stated she has represented the Phoenix Hillside Estates in
numerous neighborhood meetings about this development. She stated the
character of neighborhoods change naturally and organically but it is important to
preserve the character of the neighborhood. She stated the neighbors have
worked hard over the years to hold developers of the land responsible for abiding
by the stipulations. She stated that the neighborhood does not oppose residential
development, but they are worried about being negatively impacted by the
stipulation modifications.
Mr. Allison stated Ms. Conly and the Phoenix Hillside Estates gated community
would experience no impact from the development at all. He stated the views of
the mountains will still be retained.
Blair Grafe, a nearby neighbor, stated that many people have tried to develop the
parcels, but they have remained a scenic view area. He said the 2017
stipulations were finally agreed on, however the pandemic put the development
on hold. He stated he want the 2017 stipulations to remain in place, even though
Planning Hearing Officer Summary of April 17, 2024
Application PHO-2-24—Z-181-99-3
Page 3
the current owner wants to modify them. He stated the neighbors are not
opposed to building on the property, but do not support the two-story homes.
Nick Acquafredda, a nearby neighbor, stated he submitted a letter to the city
giving the history of the project and an estimated cost analysis of the project. He
stated if the owner were to build 9 single-story homes, his profit would be the
same as having the 5 two-story homes and 2 single-story homes and the
neighborhood would be satisfied.
Mr. Easton stated there were no issues with the site plan, however based on the
public correspondence, there is an issue with the two-story elevations. He stated
that two-story homes would alter the views of the mountains and recommended
denial for Request 1. He recommended denial to Request 2 as there was no
need to lessen the requirements since the applicant is already meeting them. He
recommended denial to Request 3 indicating there was substantial evidence that
single story max height is in the best interest of the community. He
recommended denial to Request 4 as the enforcement of the stipulation will be
communicated during the site development process.
FINDINGS:
1) The request for modification of Stipulation 1 is recommended to be
denied. The proposed elevations and site plan date stamped March 1,
2024 are not in general conformance with the stipulated plan date
stamped March 2, 2017. In addition, the amount of neighbor feedback
that supports single-level, single family development in this location was
substantial and warrants consideration from the PHO. Not to mention,
there are no two-story homes in the area and the proposal would
negatively affect the views of the adjacent homeowners.
2) Request to modify Stipulation 2 regarding maximum dwelling units and
maximum density is recommended to be denied. There is no need to
lessen the requirements to meet the proposal. If the applicant is meeting
the stipulation requirements, then a modification is not recommended. If
the stipulation was modified and the houses were not built, the future
developer would then have to meet a more stringent density requirement.
3) Request to modify Stipulation 3 regarding maximum building height is
recommended to be denied. There is substantial evidence that a single-
story maximum height is in the best interest of the community, including
the fact that it was originally stipulated in the 1999 zoning case and
subsequently approved in April 2017. The approved plan shows five,
detached, single-family, one-story homes. The applicant would have to
demonstrate substantial community support to change this height limit and
that has not been demonstrated.
Planning Hearing Officer Summary of April 17, 2024
Application PHO-2-24—Z-181-99-3
Page 4
4) Request to delete Stipulation 6 regarding sewer odor mitigation is
recommended to be denied. The intent and enforcement of this stipulation
will be communicated to the applicant during the site development
process. There is no need to delete this stipulation because the intent is
not clear to the applicant.
5) Request to modify Stipulation 8, regarding property owner addresses is
recommended to be denied. This is also an unnecessary deletion.
Please notify the current owner of the properties listed if the original owner
is no longer on record.
6) The site is identified as archaeologically sensitive and three additional
stipulations are recommended to be included to address requirements for
archaeological survey and testing (Stipulations 8 through 10).
STIPULATIONS:
1.
The development shall be in general conformance to the site plan and
elevations date stamped March 2, 2017, as approved by the Planning and
Development Department.
2.
That There SHALL be no more than 9 dwelling units with a maximum
density of 4.7.
3.
That The building height shall not exceed one story and a maximum of 20
feet in height.
4.
That Right-of-way dedications and street alignments for local streets within
the subdivision will be determined by the Planning and Development
Department at the time of Preliminary Subdivision Plan Review.
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
by the City. All improvements shall comply with all ADA accessibility
standards.
6.
That The applicant SHALL install some means of mitigation treatment to
eliminate potential sewer odor.
7.
That The development SHALL be subject to Design Review guideline
standards, as per THE Planning and Development Department.
8.
IF DETERMINED NECESSARY BY THE PHOENIX ARCHAEOLOGY
OFFICE, THE APPLICANT SHALL CONDUCT PHASE I DATA TESTING
Planning Hearing Officer Summary of April 17, 2024
Application PHO-2-24—Z-181-99-3
Page 5
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.
9.
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.
10.
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.
8.
11.
That The City SHALL mail written notice of any request to modify the
above-referenced stipulations to the following:
Dreamy Draw Estates Homeowner's Association, 2510 East Carol
Avenue, Phoenix, AZ 85028.
Phoenix Hillside Estates Property Owners Association, 9247 North 24th
Way, Phoenix, AZ 85028.
Francesca & Joseph Browner, 2616 East Vogel Avenue, Phoenix, AZ
85028.
Judith F. Gunn, 9609 North 26th Place, Phoenix, AZ 85028.
Dr. Kevin Grisham, 9845 North 22nd Place, Phoenix, AZ 85028.
Sharon Oscar, 2527 East Carol Avenue, Phoenix, AZ 85028.
Gini Linam, 2536 East Vogel Avenue, Phoenix, AZ 85028.
Mark Shiya, 9247 North 24th Way, Phoenix, AZ 85028.
Sandy Price, 2626 East Vogel Avenue, Phoenix, AZ 85028.
9.
That The City SHALL notify the above-noted residents of meetings with
Planning Hearing Officer Summary of April 17, 2024
Application PHO-2-24—Z-181-99-3
Page 6
12.
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.
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PHO-2-24--Z-181-99-3
Stipulated Site Plan
Hearing Date: April 17, 2024
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PHO-2-24--Z-181-99-3
Proposed Conceptual Site Plan
Hearing Date: April 17, 2024
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PHO-2-24--Z-181-99-3
Proposed Conceptual Site Plan
Hearing Date: April 17, 2024
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PHO-2-24--Z-181-99-3
Stipulated Elevations
Hearing Date: April 17, 2024
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PHO-2-24--Z-181-99-3
Proposed Conceptual Elevations
Hearing Date: April 17, 2024
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Proposed Conceptual Elevations
Hearing Date: April 17, 2024
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PHO-2-24--Z-181-99-3
Proposed Conceptual Elevations
Hearing Date: April 17, 2024
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Teresa R Garcia
From:
Shauna C! <conlyphx@comcast.net>
Sent:
Thursday, April 11, 2024 3:28 PM
To:
PDD PHO
Cc:
Council District 3 PCC; Amber R Guevara
Subject:
Application PHO-2-24--Z181-99
Dear Hearing Officer,
Please accept the attached letter as a formal comment and objection to PDD application PHO-2-24--
Z-181-99 - 9455 N 26th St, Phoenix.
The text of the attached document is included below:
If additional information or clarification is needed, please contact me as soon as possible.
Thank you,
Shauna V and Thomas J. Connelly
2321 E Hatcher Rd
Phoenix AZ, 85028
cell: 651-894-2287
cc: Phoenix City Council District 3
===================================
attached message text:
April 11, 2024
Phoenix Development Department
200 W Washington St., 2nd Floor.
Phoenix, AZ 85003
Re: Phoenix Zoning Change Application PHO-2-24-Z-181-99-3
9455 N 26th St, Phoenix AZ 85028
Parcel 165-12-020F
Dear Phoenix Hearing Officer:
We are homeowners and full-time residents in the Phoenix Hillside Estates since 2014 and Residents
of the greater “Sheaborhood” and N. 26th St. for thirteen years before. Shauna has previously
represented the Phoenix Hillside Estates at the 2020 PHO hearing and at numerous neighborhood
informational meetings about development of this parcel. Our home and community have been and
will be impacted by development of Parcel 165-12-020F. We do NOT oppose careful, considered,
and responsible development of this property by the owner (H&H Developers, LLC, Hammer Homes,
Tim Hammer.)
Since the purchase of the captioned property and the initial proposal, the owner HAS modified the
initial proposal taking into account some of the nationhood’s concerns which is greatly appreciated.
We respectfully request the below listed changes in the above referenced application be denied:
Stipulation 6: We request this continuing stipulation be retained. Sewer odor control and sanitation
control is paramount. Noxious and potentially harmful sewer odors have existed and have been
specified in prior zoning modification requests as far back as 2000. This subject parcel sits at a
significantly lower elevation than the closest connect point for the city main sewer connection on 26th
St. Neighboring properties and communities have had to build and install appropriate “lift stations” to
do the same in keeping with city sanitary regulations.
The subject lot is below grade/elevation of the nearest sewer connection and most likely will require
specialty sewage lifting such as those used for the Hope Bible church and Phoenix Hillside Estates.
These stipulations have been included since 2000 for valid reason that still exists – historic and future
potential for noxious sewer odor.
Stipulation 8:We do not object to appropriate changes (current homeowners and communities) but we
request this 2017 stipulation be modified because the intersection of Carol and N. 26th St is the sole
ingress and egress of the Phoenix Hillside Estates Community (sixteen homes); The Estates at
Dreamy Draw (30 homes) and the residents of the Mountain View Villas (located on the property
owned the Apostolic Christian Church, 9230 N 26th St) is within the 300’ designation for statutory
notifications:
x
We request all homeowners in Phoenix Hillside Estates (PHE) and The Estates at Dreamy
Draw (EDD) be notified.
x
We request the Homeowners / Property Owners Association of both PHE and EDD be notified.
x
We request the Owner / Management Company of the residences of the Apostolic Christian
Church / Mountain View Villas and the residents be notified.
Though these may not be pertinent issues or meritorious for this hearing, we feel the PHO should be
aware of the subject parcel’s owner’s interactions with the neighborhood. Since the purchase of the
property in 2020, relations with Mr. Hammer have sadly not always been 100% positive.
x
Concerned neighbors organized a meeting with Mr. Hammer in late 2020 or early 2021 that
Mr. Hammer chose not to attend.
x
Hammer literally presented material misrepresentations during the December 2020 PHO
hearing; including a representation he had negotiated easements in place with Hope Bible
Church that he did, not, in fact, have.
x
The applicant has demonstrated blatant disregard of city rules and regulations that impacted
the quality of life of the existing neighborhood by denuding the property of virtually all
vegetation in 2021 without approved application or plans for revegetation or dust control.
x
Although more than once, Hope Bible Church has generously allowed the applicant to hold
informational meetings on their property at no cost, the applicant is currently preventing sewer
access for neighbor Hope Bible Church by erecting fencing around critical and easily visible
sewer valves literally in the dark of the night (starting at approximately 10pm.)
Thank you for your time and attention to the responsible development of our neighborhood.
Sincerely,
Shauna V. and Thomas J. Connelly
Phoenix Hillside Estates
2321 E. Hatcher Rd
Phoenix, AZ 85028
Cc: Hon. Debra Stark, Vice Mayor and City Council Representative District 3
200 W. Washington St., 11th Floor, Phoenix, AZ 85003
April 12, 2024
RE:
Z 181-99-3
9455 North 26th Street
City of Phoenix Hearing Officer,
Thank you for the opportunity to present critical written information regard your decision for the
above referenced hearing which will be presented at the zoom meeting.
I am Nick Acquafredda, residence at 9636 North 26th Street, Phoenix, Arizona. I am a long
time resident of more than 40 years in close proximity to the subject property and have an
extensive history of this property. Also, as a Licensed practicing Architect in Arizona I am
familiar with the City development requirements and zoning history on the property.
I would like to present a brief history & approximately time line how the property was finally
split from the original 5.0 acre parcel as it related to this subject property.
x
1984 and earlier 26th Street continued as a single asphalt path to Dreamy Draw Drive.
x
1985+ City of Phoenix decided to straighten the "Z" path and split the 5 acre parcel. City
recognized emergency vehicles could not serve the area south of Mt. View Road.
x
1985-1990 26th Street occupied 1.5 Acres, 2.0 Acres (Westpac) & 1.5 remained vacant.
x
1995 Apostolic Church built congregation senior housing on west church property.
x
1998 Westpac built their offices on the west 2 acres.
x
2000 Apostolic Church purchased east parcel R1-10 and requested re-zoning Z-181-99-3
to R1-6 PRD with stipulations. Their presentation specifically stated additional senior
housing (Phase II) was proposed for this property, units would not be sold but held as
"Life Lease" and returned for other seniors in the congregation.
x
2000 Zoning Hearing: neighbors opposed the re-zoning from R1-10 but the City was
sympathetic to the Church presentation and provided assurances with the internal
"Stipulated Site Plan" and Unit Design" to the community. The records will show this
was an negotiated condition only for re-zoning approval allowing the Church property
to offer their senior residents housing as presented. Not to be sold to others.
x
2017 Apostolic Church decided to abandon their agreement to the neighbors and offer the
property for sale. Z-181-99-3 Hearing Officer denied the case to delete Stipulation 1,
development to be in conformance to the "Site Plan and Elevations".
x
2020 Here we are again , now the Church has just sold the property to an outside developer
requesting to remove the agreed “Stipulated Site Plan”. Should the property go back to R1-10?
x
2024 Yes, and again with another developer asking to remove the existing stipulations to
maximize their profit at the expense of the neighborhood.
We as neighbors all would like to see the property developed after so many years. The property
has beautiful views, good access to Hwy 51 and surrounded by upscale all single story family
homes. Any quality designer can present a safe and visually pleasing concept that the neighbors
would support. But, we are opposed to the Two Story units and ignoring the stipulations in place
to protect our neighborhood.
We must insist and expect the City to honor their commitment to protect the neighbors interest
and that the property be developed in a manner similar to the approved & recorded Stipulated
Site Plan as follows:
x
Developer to work with the neighborhood prior to requesting zoning adjustment.
x
Develop a similar internal drive concept as proposed on the Stipulated Site Plan.
x
Provide 6’ tall masonry screen wall and landscaping along 26th Street, similar to Dreamy Draw
Estates immediately west on 26th Street.
Additionally, I would like to speak at the zoom presentation meeting.
Also, recent review has determined a number of technical roadway, emergency access and sewer
easements issues which prevent the presented plan from being developed.
Ǥ
Ǥ
Sincerely,
Nick & Miriam Acquafredda
9636 N. 26th Street
NickAcquafredda.Architects@gmail.com
April 17th, 2024
HONORING THE LEGACY OF
THE NEIGHBORHOOD
PHO-2-24-Z-181-99-3
Planning Hearing Officer (PHO)
Josh Alquist
Over 60 neighbors have signed a
petition AGAINST the proposed zoning
adjustment and want the existing
stipulations to remain intact and be
followed.
NEIGHBORHOOD
INVOLVEMENT
https://www.ipetitions.com/petition/keep
-current-zoning-intact-for-26th-street-lot
In addition to the signatures there
are over 30 public comments for
additional review, only some of
which are listed here.
“Our community has enjoyed the views and
the serene atmosphere of our neighborhood
for over 40 years. I humbly urge the Phoenix
Zoning Committee to require H&H Developers
to uphold the integrity of our established
zoning regulations which were crafted years
ago. Granting leeway to H&H Developers to
build two-story residences that obstruct our
neighbors cherished views of Piestewa Peak
and to neglect essential sewer mitigation
treatment would unjustly favor the developer
to the detriment of our community.”
Jennifer Lane
“Please keep the zoning
stipulations that our
neighborhood agreed to in
the past.”
Paul Hamra
“I have lived in the
neighborhood since 1982. We
raised our family here and
request the current zoning
stipulations remain in effect.”
John Zemblidge
“The current
stipulations on the
property should
remain in effect.”
Sheila McGinn Dorman
“I would like to see the
developer adhere to
the current zoning
stipulations.”
Ryan Dooley
“Absolutely no to two
story homes. Ok with
single story homes
and proper sewer
mitigation.”
Jennifer Grace
Steven Lee
“The actual height is
taller than 22 ft due to
how the roof line is
measured. the 2017
stipulations should be
adhered to.”
“I live in the
neighborhood and do
not support the
changes to the
current stipulations.”
Meg Safko
“As a resident
of Phoenix
Hillside Estates,
I oppose this
zoning change
for numerous
reasons.”
Gail Hatkoff
“I live in the neighborhood and
do not support the changes to
the current stipulations.”
Philip Goldston
“I have lived in the neighborhood for 45 years
and strongly believe it is important not to
overload our existing sewer system and not to
change the the height restrictions we, who live
here, have had to abide by in order to maintain
the population density and character of our
neighborhood.”
Fred Cohen
Low Profile, Single-Story Homes
The Original Intent
Mr. Hammer’s 2 Reasons:
Mr. Hammer has exclaimed
that he cannot develop the
property without dropping
the stipulations, for 2
primary reasons:
#1
Mr. Hammer has shared
repeatedly that before he
purchased the property he
was told by the City that
there were not any
stipulations. And that if he
had known there were
stipulations he would never
have purchased the plot.
#1
#2
Mr. Hammer has also
repeatedly told the
neighbors that if he does
not get the stipulations
dropped he wouldn’t make
any money, that it wouldn’t
be financially viable.
#1
Mr. Hammer has shared
repeatedly that before he
purchased the property he
was told by the City that
there were not any
stipulations. And that if he
had known there were
stipulations he would never
have purchased the plot.
At the same time he has commented
to multiple people that he stands to
gain over $2M in profit.
#1
#2
THE
PERCEPTION
THE
REALITY
I’VE DONE A LOT,
I’VE COME TO THE
MIDDLE, THEY
NEED TO MEET ME
HALFWAY...
Mr. Hammer’s
Perception of
“The Middle”
THE
PERCEPTION
“The Actual Middle”
(Stipulations)
Mr. Hammer’s
Perception of
“The Middle”
20 Years
I’VE DONE A LOT,
I’VE COME TO THE
MIDDLE, THEY
NEED TO MEET ME
HALFWAY!
THE
REALITY
In Jan 2021, when Mr. Hammer first brought
his plan to the PHO, many neighbors that were
required to be notified were not
During the PHO in Jan 2021, when asked by
the presiding Officer, Mr. Hammer claimed
he’d spoken with the Church and gotten
approval to use their easement
In Sept 2021, Mr. Hammer had the entire lot
cleared and stripped of vegetation without
any dust abatement, a clear violation of
MCAQD Rule 310
In Dec 2023 Mr. Hammer cut off access to the
Church’s sewer clean out valves
Additional
Concerns
https://www.maricopa.gov/DocumentCenter/View/74367/Dust-Abatement-Handbook-
PDF#:~:text=What%20Activities%20Are%20Covered%20by,obtain%20a%20dust%20control%20permit.
MARICOPA COUNTY DUST ABATEMENT REGULATIONS*
Mr. Hammer has
cut off access to the
Church’s sewer
clean out valves
(Current Pictures)
Clean out
valves
Church
Parking Lot
Hope Bible Church
April 17th, 2024
HONORING THE LEGACY OF
THE NEIGHBORHOOD
PHO-2-24-Z-181-99-3
In Closing
Josh Alquist