Attachment B - VPC Summary - PHO-2-24--Z-69-08-8.pdf

Village Planning Committee Meeting Summary 
PHO-2-24--Z-69-08-8 
Date of VPC Meeting 
June 11, 2024 
Date of Planning 
Hearing Officer Hearing 
June 12, 2024 
Request 
1) Modification of Stipulation No. 1 regarding general
conformance with the site plan date stamped
October 18, 2021.
2) Modification of Stipulation No. 4 regarding the
number of bicycle parking spaces.
Location 
Northwest corner of 36th Street and Southern Avenue  
VPC Recommendation 
Approval with a modification and additional stipulations 
VPC Vote 
13-0-1
VPC DISCUSSION & RECOMMENDED STIPULATIONS: 
Committee Members Emma Viera, Tamala Daniels, Fatima Muhammad Roque and 
Tremikus Muhammad joined during this item bringing quorum to 14 members (ten 
needed for a quorum). 
No members of the public registered to speak on this item. 
STAFF PRESENTATION 
John Roanhorse, staff, provided an introduction and overview of the request, identifying 
the size, location, zoning, adjacent streets and General Plan Land Use Map designation. 
Mr. Roanhorse discussed the PHO (Planning Hearing Officer) process, history of site 
and displayed the proposed site plan, landscape plan and approved and proposed 
stipulations.   
Chair Marchuk asked staff if any support or opposition correspondence have been 
received prior to the Village Planning Committee meeting. Mr. Roanhorse indicated that 
prior to the meeting no correspondence has been received. 
APPLICANT PRESENTATION 
ATTACHMENT B

South Mountain Village Planning Committee 
Meeting Summary 
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Taylor Earl, representing the applicant with Earl & Curley, PC,  introduced himself and 
provided and introduction to the request. Mr. Earl stated with the PHO they have 
provided information to the community in advance of the scheduled hearing.  
  
Committee Member Tamala Daniels asked when the public was notified about the 
PHO. Mr. Earl responded that mailers were sent out and the distance for recipients was 
expanded and included property owners in the area, and the notice was sent out in 
English and in Spanish. Mr. Earl stated there is no neighborhood meeting requirement 
for the PHO but they held a virtual meeting and no participants attended. 
 
Mr. Earl discussed the PHO and noted the difference from the previous rezoning case 
and the residential product they expect to bring to the village for the current 
development. Mr. Earl stated the proposal is intended to provide housing for ownership 
occupancy. Mr. Earl said the design concept for housing are single family units and they 
need to modify the stipulations to allow for the type of housing product they expect to 
develop. Mr. Earl stated the zoning is C-1, Neighborhood Retail, on a 4.2-acre site that 
was approved in 2008 for an office complex that was never built. Mr. Earl stated that 
with the site being available a PHO request was approved for a rental community with 
two-story residential units that included parking. Mr. Earl stated with the PHO they are 
presently proposing is a townhome development that would include garages and 
backyards. Mr. Earl displayed the land use map and identified the adjacent land uses 
and zoning. Mr. Earl identified the commerce park to the east and an existing adjacent 
industrial park. Mr. Earl stated the proposal is for 40 dwelling units which is a reduction 
from the original proposal. Mr. Earl stated the shift from rental units to a community 
intended for ownership provides an opportunity to accommodate the missing middle. 
Mr. Earl discussed the need for duplexes, triplexes, and townhomes as opportunities for 
a variety of housing options available. Mr. Earl stated the first stipulation will change the 
site plan from the previously proposed multifamily residential product and will include 
landscaping, garages, amenities, and open space. Mr. Earl noted that in a rental 
community it makes sense to have bike parking and now there are garages so people 
can store their bicycles within them. Mr. Earl stated there are four secured parking 
spaces as approved by the Street Transportation Department which was a 
recommendation they will maintain. Mr. Earl stated they have responded to the 
archaeological language and noted that these requirements are satisfied, and a report 
was completed.  
 
QUESTIONS FROM THE COMMITTEE 
 
Committee Member Gene Holmerud asked if there was any walkway or subterranean 
connection between the north and south parcels. Mr. Earl responded that there is a 
walkway connection along 36th Street which will be a requirement and there will be 
additional street and sidewalk improvements.  
 
Committee Member George Brooks asked if there were any discoveries as a result of 
the archaeological study. Mr. Chuck Chisholm with K. Hovnanian Homes ("KHOV")

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responded that the conclusion from the archaeological study included extensive 
excavation on both parcels and there were no findings and stated that during 
construction if anything is discovered they will have to call a city archaeologist. 
 
Committee Member George Brooks asked if anything was found would that go to Gila 
River or Salt River Tribes. Mr. Earl responded that they would have to find out that 
information. 
 
Committee Member Tamala Daniels asked if the development was a change from 
multifamily to condominiums.  Mr. Earl responded that the change is to townhomes for 
home ownership. Committee Member Tamala Daniels asked if there were any 
architectural, site plans or landscape plans to review for approval.  Mr. Earl displayed 
the site plan and landscape plan and stated the buildings would not change from the 
initial proposal. Committee Member Tamala Daniels asked if there were changes to the 
elevations. Mr. Earl responded that there were no changes to the elevations which will 
feature three to five-plex designs that are different sizes and there was no general 
conformance stipulation to the elevations. Committee Member Tamala Daniels asked 
what the variations would be between the different design styles which were stated as 
contemporary, Spanish and ranch style. Mr. Earl responded that the architectural styles 
would remain the same with various numbers of units. Committee Member Tamala 
Daniels asked if they could get a list of the requirements for single family homes, 
townhomes and condominiums regarding the exterior features. Mr. Roanhorse 
responded that the discussion presently is for the PHO and when plans are submitted 
for development that is when they are reviewed for the architectural elements including 
site planning and all the design details. Committee Member Tamala Daniels asked if the 
developer would come back to the committee for review of the elevations or any 
additional information. Mr. Earl responded that the project would be subject to a 
separate design review process that would address the design details. Chair Marchuk 
stated that in previous cases they have stipulated that the applicant would return to the 
village for review and comment prior to preliminary submittal. Committee Member 
Tamala Daniels stated concerns with the proposed colors and appearance of the 
elevations. Mr. Earl responded that there would be various colors for the elevations. 
Chair Marchuk stated that from Committee Member Tamala Daniels comment the 
committee can request to have the applicant come back to the village planning 
committee for review and comment on the elevations. 
 
Committee Member Tamala Daniels asked if a detached sidewalk would contribute to 
the tree line street mandate for all communities for shaded walk paths. Mr. Roanhorse 
responded that having shade trees is part of the city’s Tree and Shade Master Plan but 
for this case adding trees may depend on the location and how much space would be 
allocated for a detached sidewalk and landscaping. Mr. Earl responded that the City's 
Tree and Shade Master Plan items are usually required by stipulation, and they will 
include additional shade trees where they can.

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Chair Marchuk asked if staff could include standard language for reference for shade 
requirements for tree lined streets and a detached sidewalk. Ms. Sarah Stockham, 
staff, responded that language will be provided to the committee.  
 
Committee Member Kay Shepard asked if there was a retention basin on the site. Mr. 
Earl responded that the retention basin would be located on the lower southern portion 
of the site and referenced the site plan.   
 
Committee Member George Brooks asked if the response for the inclusion of shade 
trees and sidewalks was sufficient. Committee Member Tamala Daniels responded 
that the request would be included as a stipulation. 
 
Committee Member Fatima Muhammad Roque asked about parking on the site and 
how it would be accommodated. Mr. Earl responded that each unit would have a 
garage and a driveway and there will be some communal parking as well. Mr. Earl 
stated they will not be requesting variances for parking. 
 
Committee Member Tremikus Muhammad asked if there will be a stipulation to allow 
the committee to review the elevations and detached sidewalks with tree alignment. 
Chair Marchuk respond that the stipulations will be addressed during the voting 
process.    
 
Committee Member Emma Viera commented for pedestrians and a walkable 
community there needs to be full shade where possible which is part of a bigger climate 
action and heat mitigation plan, and it is preferred to have sidewalks with full tree shade 
coverage.  
 
Committee Member Kay Shepard commented that including a detachable sidewalk 
provides safety for pedestrians.  
 
Committee Member Emma Viera asked about the location of the bicycle parking and 
where they would be located on the site plan, noting that the location is important and 
pedestrian access should be considered as part of the active transportation plan for the 
site. Mr. Earl responded that the Street Transportation Department requested that bike 
parking language be included for four spaces, which would remain.  
 
Committee Member Tamala Daniels asked that the location of the bicycle parking be 
shown on this site plan which would be near the amenity area next to the playground. 
Mr. Earl stated that they had planned to remove the bicycle parking, but it will remain as 
part of the proposal. Mr. Earl stated that they can include bicycle parking where the 
committee would like it to be on the site plan. 
 
Committee Member Fatima Mohammed Roque asked where visitor parking would be 
located and how emergency vehicles would access the site. Mr. Earl responded that 
since this development is for single family homes that additional parking would be

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available on the street and each residential unit would have a parking garage and a 
driveway for residential use and emergency vehicles will have full access to the 
community. 
 
Mr. Earl stated to Chair Marchuk and the committee that he is providing a landscape 
plan as part of the record and can be used for the stipulation requirement.  
 
Chair Marchuk asked staff if the standard language was readily available for the 
discussed stipulations where the applicant would come back to the committee with the 
elevations and detached sidewalks. Ms. Stockham stated the suggested language for 
the committee: 
 
1. Building elevations shall be presented for review and comment to the South 
Mountain Village Planning Committee prior to final site plan approval.   
 
 
2. The public sidewalk along 36th Street shall be detached with a minimum five-
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 planted a 
minimum of 25 feet on center or in equivalent groupings to provide 
shade to a minimum 75 percent of the sidewalk. 
 
 
 
 
b. 
Drought tolerant vegetation designed to grow to a maximum mature 
height of 24 inches and achieve 75 percent live coverage. 
 
 
 
 
Where utility conflicts exist, the developer shall work with the Planning and 
Development Department on alternative design solutions consistent with a 
pedestrian environment. 
 
 
 
3. The development shall be in general conformance with the site plan date 
stamped APRIL __ 2024 and the landscape plan date stamped June 11, 
2024, as modified by the following stipulations and approved by the Planning 
and Development Department. 
 
Committee Member Gene Holmerud asked about additional cooking and dishwashing 
facilities for each unit regarding multigenerational living accommodations. Mr. Earl 
responded that the proposal does not have floorplans for multigenerational living.  
 
Committee Member Kay Shepard asked the square footage for the proposed floorplan 
designs. Mr. Earl responded that the square footage is from 1,582 to 1,864 square feet.  
 
Committee Member Tamala Daniels ask what the proposed unit price would be. Mr. 
Earl responded that pricing is dependent on the market, and the proposal is not market

South Mountain Village Planning Committee 
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ready however based on similar communities with a similar housing product the 
anticipated cost would be from low to mid $400,000’s. 
 
Committee Member Tamala Daniels asked if the units would have one or two-car 
garages. Mr. Earl responded the square footage of the units would determine the 
number of garages. Mr. Chisolm responded that in addition to the garages each unit 
will have a full driveway.  
 
Committee Member Tamala Daniels asked if the proposal was a gated community 
with private streets. Mr. Earl responded affirmatively that the development will be a 
gated community with private streets that will allow on street parking.  
 
Committee Member Gene Holmerud asked that with the units with one garage and 
one driveway this would be tandem parking. Mr. Earl responded affirmatively. 
 
PUBLIC COMMENT 
 
None. 
 
APPLICANT RESPONSE 
 
None.  
 
FLOOR/PUBLIC DISCUSSION CLOSED: MOTION, DISCUSSION, AND VOTE 
 
MOTION 
Committee Member Kay Shepard made a motion to recommend approval of PHO-2-
24--Z-69-08-8 with a modification and additional stipulations. Committee Member 
Tamala Daniels seconded the motion.  
 
VOTE 
13-0-1, motion to recommend approval of PHO-2-24--Z-69-08-8 with a modification and 
additional stipulations passed with Committee Members Aldama, Alvarez, Beehler, 
Brooks, Busching, T. Daniels, Falcon, Holmerud, T. Muhammad, F. Muhammad, 
Shepard, Viera, and Greathouse in favor and Chair Marchuk abstained.  
 
Chair Marchuk explained that he abstained because there was no tie to break. 
 
VPC RECOMMENDED STIPULATIONS: 
 
 
1.  The development shall be in general conformance with the site plan date 
stamped APRIL __ 2024 October 18, 2021 AND THE LANDSCAPE PLAN 
DATE STAMPED JUNE 11, 2024, as modified by the following stipulations and 
approved by the Planning and Development Department.

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2. The development shall comply with Mixed-Use Agricultural (MUA) Zoning 
District standards pertaining to quantity and type of landscape materials and 
parking lot landscaping standards, as approved or modified by the Planning 
and Development Department. 
 
  
 
3. Building elevations shall be developed to the following standards, as approved 
by the Planning and Development Department. 
 
  
 
 
a. 
Building elevations shall contain multiple colors, exterior accent materials 
and textural changes that exhibit quality and durability such as brick, stone, 
colored textured concrete, or stucco, to provide a decorative and aesthetic 
treatment. 
 
 
 
 
 
 
b. 
All building elevations shall contain architectural embellishments and 
detailing such as textural changes, pilasters, offsets, recesses, variation in 
window size and location, and/or overhang canopies. 
 
 
 
 
4. 
The developer shall provide 4 secured bicycle parking SPACES for residents at 
a minimum rate required by Chapter 13, Section 1307.H for multi-family 
development, as approved by the Planning and Development Department. 
 
 
 
 
5. 
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 grubbing, landscape salvage, and/or grading 
approval. 
 
 
 
 
6. 
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. 
 
 
 
 
7. 
If any archaeological materials are encountered during construction, the 
contractor shall cease all ground disturbing activities within 33 feet of the 
discovery and notify the City of Phoenix Archaeology Office immediately to 
allow time to properly assess the materials. 
 
 
 
 
8. 
The property owner shall record documents that disclose the existence and 
operational characteristics of Phoenix Sky Harbor International Airport to future 
owners or tenants of the property. The form and content of such documents 
shall be according to the templates and instructions provided that have been 
reviewed and approved by the City Attorney. 
 
 
 
 
9. 
The following street transportation improvements shall be provided and 
approved by the Planning and Development Department:

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a. 
Right-of-way totaling 60 feet shall be dedicated for the north half of 
Southern Avenue. 
 
 
 
 
 
 
b. 
Right-of-way totaling 30 feet shall be dedicated for the west half of 36th 
Street. 
 
 
 
 
 
 
c. 
A 25 foot by 25-foot right-of-way triangle shall be dedicated at the 
northwest corner of 36th Street and Southern Avenue. 
 
 
 
 
 
10. The developer shall construct all streets within adjacent to the development 
with paving, curb, gutter, sidewalk, curb ramps, streetlights, landscaping, and 
other incidentals as per plans approved by the Planning and Development 
Department. All improvements shall comply with all ADA accessibility 
standards. 
 
 
 
 
11. Prior to preliminary site plan approval, the landowner shall execute a 
Proposition 207 waiver of claims in a form approved by the City Attorney’s 
Office. 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. 
 
 
 
 
12. THE PUBLIC SIDEWALK ALONG 36TH STREET SHALL BE DETACHED 
WITH A MINIMUM FIVE-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 PLANTED A MINIMUM OF 25 FEET ON CENTER OR IN 
EQUIVALENT GROUPINGS TO PROVIDE SHADE TO A MINIMUM 75 
PERCENT OF THE SIDEWALK. 
 
 
 
 
 
 
B. DROUGHT TOLERANT VEGETATION DESIGNED TO GROW TO A 
MAXIMUM MATURE HEIGHT OF 24 INCHES AND ACHIEVE 75 
PERCENT LIVE COVERAGE. 
 
 
 
 
 
 
WHERE UTILITY CONFLICTS EXIST, THE DEVELOPER SHALL WORK 
WITH THE PLANNING AND DEVELOPMENT DEPARTMENT ON 
ALTERNATIVE DESIGN SOLUTIONS CONSISTENT WITH A PEDESTRIAN 
ENVIRONMENT. 
 
 
 
 
13. BUILDING ELEVATIONS SHALL BE PRESENTED FOR REVIEW AND 
COMMENT TO THE SOUTH MOUNTAIN VILLAGE PLANNING COMMITTEE 
PRIOR TO FINAL SITE PLAN APPROVAL.

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STAFF COMMENTS REGARDING VPC RECOMMENDATION: 
 
None.