Attachment C - PHO Summary - PHO-1-24--Z-19-22-7(8).pdf

REPORT OF PLANNING HEARING OFFICER ACTION 
Byron Easton, Planner III, Hearing Officer  
Teresa Garcia, Planner I, Assisting  
July 17, 2024 
ITEM NO: 2 
DISTRICT NO. 8 
SUBJECT: 
Application #: 
PHO-1-24--Z-19-22-7(8) (Continued from June 12, 2024) 
Location: 
Northeast corner of 39th Avenue and Vineyard Road 
Zoning: 
R-2
Acreage: 
11.08 
Request: 
1) Request to modify Stipulation 1 regarding general
conformance to the site plan date stamped March 17,
2022 and elevations date stamped July 11, 2022.
2) Request to modify Stipulation 3 regarding maximum
building height.
3) Request to modify Stipulation 5 regarding EV-ready
garages and charging stations.
4) Request to modify Stipulation 14 regarding the minimum
number of bicycle parking spaces.
Applicant: 
Rob Lane, Gammage & Burnham PLC 
Owner: 
Laveen Land LLC; Attn: Meritage Homes 
Representative: 
Ashley Z. Marsh, Gammage & Burnham PLC 
ACTIONS: 
Planning Hearing Officer Recommendation:  The Planning Hearing Officer 
recommended approval with modifications. 
Village Planning Committee (VPC) Recommendation:  The Deer Valley Village 
Planning Committee reviewed the request on July 8, 2024 and recommended 
approval with a vote of 6-0. 
DISCUSSION: 
Ashley Marsh, representative of Gammage and Burnham PLC 40 North Central 
Avenue, gave an overview of the site and the modification requests. She stated 
revisions have been made to the application since the initial submittal in May 
such as garage door embellishments, number of single-story homes, minimum 
bicycle parking spaces, Ev ready garages. She stated they received a 
unanimous recommendation from the Laveen VPC regarding the modification 
requests. 
ATTACHMENT C

Planning Hearing Officer Summary of July 17, 2024 
Application PHO-1-24—Z-19-22-7(8) (Continued from June 12, 2024) 
Page 2 
 
Byron Easton, Planning Hearing Officer, recommended approval to Request 1. 
He asked Ms. Marsh if she was in objection to having the open space exhibit in 
the general conformance stipulation. Ms. Marsh stated she was not in objection 
and stated they were proposing the recreational lawn as open space.  Mr. Easton 
recommended approval with a modification to Request 2, recommended 
approval to Request 3, and recommended approval with a modification to 
Request 4. He added a stipulation requiring a Proposition 207 waiver prior to 
preliminary site plan approval. 
 
FINDINGS: 
 
1) The request to modify Stipulation 1 regarding general conformance to the 
site plan and elevations is recommended to be approved.  The site plan, 
date stamped June 17, 2024 shows a single family residential 
development consisting of 64 detached traditional “for-sale” homes with an 
overall density of 5.77 du/ac.  The Stipulated plan date stamped March 17, 
2022, shows a “for-rent”, multifamily product consisting of 110 units with a 
density of 9.9 du/ac.  ‘ 
 
The request is consistent with the stipulated plan and is a good fit for the 
primarily residential area.  The less intense use was supported by the 
VPC and the General Plan and reduced density a welcome change for the 
neighbors adjacent. 
 
2) The request to modify Stipulation 3 is approved with a modification. The 
proposed modification to the stipulation pertaining to building height 
combined with the provision of open space and landscape buffers along 
the north property line, as well as the provision of a significant buffer 
(landscape area and new local street) between the homes and residences 
adjoining the Site to the east, will satisfy the original intent of the 
stipulation for providing a transition between the new development and 
adjoining residences.  
 
3) The proposed modification to Stipulation 5 is recommended to be 
approved.  The request is in response to the revised single-family product 
type including a private garage for each home, where electric vehicles 
may be charged at the request of purchaser.  The garages must have the 
proper wiring to accommodate a request for EV charging.   
 
4) The modification to Stipulation 14 is recommended to be approved.  The 
developer is providing bicycle parking at the amenity area at a reduced 
rate due to the residences having private garages for bicycle parking. 
 
STIPULATIONS:

Planning Hearing Officer Summary of July 17, 2024 
Application PHO-1-24—Z-19-22-7(8) (Continued from June 12, 2024) 
Page 3 
 
1. 
The development shall be in general conformance to the site plan, and 
open space exhibit AND ELEVATIONS date stamped JUNE 17, 2024 
March 17, 2022, and elevations date stamped July 11, 2022, as modified 
by the following stipulations and approved by the Planning and 
Development Department. 
 
 
2. 
All garage doors shall have decorative embellishments such as windows 
panels, added materials surrounding the door, and/or trellises, as 
approved by the Planning and Development Department. 
 
 
3. 
The maximum building height shall be 30 feet, except LOTS 4, 9 10, 15, 
16, 21, 24, 29, 30, 36, 42, 43, 48, 49, 54, 55, 58, 59, 60 AND 61, AS 
SHOWN ON THE SITE PLAN DATE STAMPED JUNE 17. 2024, units 
along the north and east sides of the site shall be limited to a maximum 
building height of 18 feet, as approved by the Planning and Development 
Department. 
 
 
4. 
The common open space area shall provide a shaded playground 
element, as approved by the Planning and Development Department. 
 
 
5. 
The developer shall provide the option for EV-Ready (wiring for electric 
vehicle charging) garages and a minimum of 10 EV charging stations. 
 
 
6. 
Required landscape setbacks shall be planted with minimum 50-percent 2-
inch caliper and 50-percent 3-inch caliper large canopy drought-tolerant 
trees, 20 feet on center or equivalent groupings, with 5-gallon shrubs per 
tree, as approved by the Planning and Development Department. 
 
 
7. 
Sidewalks along 39th Avenue and Vineyard Road shall be detached with a 
minimum 5-foot-wide landscaped strip located between the sidewalk and 
back of curb and planted to the following standards, as approved by the 
Planning and Development Department. 
 
 
 
a. 
Minimum 3-inch caliper, large canopy, single-trunk, shade trees 
placed to provide a minimum of 75% shade on adjacent sidewalks. 
 
 
 
b. 
Drought tolerant shrubs and vegetative groundcovers with a 
maximum mature height of 24 inches to provide a minimum of 75% 
live coverage at maturity. 
 
 
 
c. 
Where utility conflicts arise, the developer shall work with the 
Planning and Development on an alternative design solution 
consistent with a pedestrian environment. 
 
 
8. 
The developer shall dedicate a minimum of 30-feet of right-of-way and

Planning Hearing Officer Summary of July 17, 2024 
Application PHO-1-24—Z-19-22-7(8) (Continued from June 12, 2024) 
Page 4 
 
construct the east side of 39th Avenue, as approved by the Planning and 
Development Department. 
 
 
9. 
The developer shall dedicate a minimum of 30-feet of right-of-way and 
construct the north side of Vineyard Road, as approved by the Planning 
and Development Department. 
 
 
10. 
The developer shall underground all electrical utilities within the public 
right-of-way that are impacted by or need to be relocated as part of the 
project. The developer shall coordinate with affected utility company for 
their review and permitting. 
 
 
11. 
The developer shall underground and relocate any existing irrigation 
facilities outside of City right-of-way along 39th Avenue. The developer 
shall contact SRP to identify existing land rights and establish appropriate 
process to relocate facility. Relocations that require addition dedications or 
land transfer require completion prior to obtaining plat and/or civil plan 
review approval. 
 
 
12. 
The developer shall make reasonable efforts to work with the Street 
Transportation Department and neighbors in proximity to the site to 
identify improvements, including speed bumps, roundabout, and/or similar 
improvements, for mitigating vehicle speeding on Vineyard Road and 39th 
Avenue adjacent to the site agreed upon by neighbors, the Street 
Transportation Department and developer in accordance with the City’s 
procedures for installing such improvements. 
 
 
13. 
The developer shall construct all streets withing and adjacent to the 
development with paving, cub, 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. 
 
 
14. 
A minimum of 6 28 bicycle parking spaces shall be provided through 
Inverted U and/or artistic racks located near building entrances or amenity 
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. 
 
 
15. 
If determined necessary by the Phoenix Archaeology Office, the applicant 
shall conduct Phase I date 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

Planning Hearing Officer Summary of July 17, 2024 
Application PHO-1-24—Z-19-22-7(8) (Continued from June 12, 2024) 
Page 5 
 
grading approval. 
 
 
16. 
If Phase I date testing is required, and if, upon review of the results from 
the Phase I date testing, the City Archaeologist, in consultation with a 
qualified archaeologist, determines such date recovery excavations are 
necessary, the applicant shall conduct Phase II archaeological date 
recovery excavations. 
 
 
17. 
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. 
 
 
18. 
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. 
 
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