Attachment D - PHO Application - PHO-2-24--Z-69-08-8.pdf

To: 
Date: May 10, 2024
From: 
Departments Concerned 
Joshua Bednarek
Planning & Development Department Director 
Subject: P.H.O. APPLICATION NO. PHO-2-24--Z-69-08-8 – Notice of Pending 
Actions  by the Planning Hearing Officer
1.
Your attention is called to the fact that the Planning Hearing Officer will
consider the following case at a public hearing on June 12, 2024.
2.
Information about this case is available for review at the Zoning Counter in
the Planning and Development Department on the 2nd Floor of Phoenix City
Hall, telephone 602-262-7131, Option 6.
3.
Staff, please indicate your comments and respond electronically to
pdd.pho@phoenix.gov or you may provide hard copies at the Zoning Counter
in the Planning and Development Department on the second floor of Phoenix
City Hall by May 17, 2024.
DISTRIBUTION
Mayor’s Office (Tony Montola), 11th Floor
City Council (Stephanie Bracken), 11th Floor
Aviation (Jordan D. Feld )
CED (Michelle Pierson), 20th Floor
Fire Prevention (Joel Asirsan), 2nd Floor
Neighborhood Services (Gregory Gonzales, Lisa Huggins), 4th Floor
Parks & Recreation (Todd Shackelford), 16th Floor
Public Transit (Michael Pierce)
Street Transportation Department (Maja Brkovic, Josh Rogers, Alan Hilty, Chris Kowalsky), 
5th Floor 
Street Transportation - Ped. Safety Coordinator (Kurt Miyamoto), 5th Floor
Street Transportation - Floodplain Management (Tina Jensen, Priscilla Motola, Rudy Rangel), 
5th Floor
Water Services (Don Reynolds, Victor Romo), 8th Floor
Planning and Development (Joshua Bednarek, Tricia Gomes), 3rd Floor
Planning and Development/Information Services (Ben Ernyei, Andrew Wickhorst), 4th Floor
Planning and Development/Historic Preservation Office (Kevin Weight), 3rd Floor
Planning Hearing Officer (Byron Easton, Teresa Garcia), 2nd Floor
Village Planner (Samuel Rogers, South Mountain Village) 
Village Planning Committee Chair (Trent Marchuk, South Mountain Village) 
ATTACHMENT D
PLEASE RESPOND ELECTRONICALLY TO TERESA GARCIA 2ND FLOOR, 602-262-7399

200 W. Washington St., 2nd Floor, Phoenix, AZ  85003 ● 602-626-7131 
 
 
APPLICATION FOR PLANNING HEARING OFFICER ACTION 
APPLICATION NO: PHO-2-24--Z-69-08-8 
Council District: 8 
 
Request For: Stipulation Modification 
Reason for Request: Request to modify Stipulation 1 regarding general conformance with the site plan date stamped October 
18, 2021.;Request to modify Stipulation 4 regarding the number of bicycle parking spaces. 
 
Contact Information 
 
 
 
 
 
Name 
Relationship  
Type 
Address 
Phone 
Fax 
Email 
Taylor Earl 
Applicant 
United States 
6022650094 
  
tearl@earlcurley.com 
Taylor Earl 
Representative 
United States 
6022650094 
  
tearl@earlcurley.com 
Ryan Hartman - 
36th St & 
Southern NWC, 
LLC 
Owner 
7377 East Doubletree 
Ranch Road, Suite 
270, Scottsdale AZ 
85258 
  
  
  
 
Property Location: Northwest corner of 36th Street and Southern Avenue 
Acreage: 5.04 
 
Geographic Information 
 
 
Zoning Map 
APN 
Quarter Section 
  
122-70-102 
  
 
Village: 
South Mountain 
 
An applicant may receive a clarification from the city of its interpretation or application of a statute, ordinance, code or authorized 
substantive policy statement. To request clarification or to obtain further information on the application process and applicable 
review time frames, please call 602-262-7131 (option 6), email zoning@phoenix.gov or visit our website at 
https://www.phoenix.gov/pdd/licensing-time-frames 
 
A Filing Fee had been paid to the City Treasurer to cover the cost of processing this application. The fee will be retained to cover 
the cost whether or not the request is granted 
 
 
I declare that all information submitted is true and correct to the best of my knowledge and belief. I acknowledge that any error in 
my application may be cause for changing its normal scheduling. 
 
 
 
Signature: ____________________________________________________     DATE: ___________________ 
 
Fee Information 
 
 
 
Fee 
Fee Waived 
Fee Date 
Purpose 
$1,080.00 
$0.00 
04/25/24 
PHO (1-2 stipulations)

PHO Project Narrative - 36th & Southern 
Proposed Single-Family Subdivision 
(PHO-2-24—Z-69-08)  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
NWC of 36th Street & Southern Avenue 
Phoenix, Arizona 
 
PREPARED BY 
 
 
For  
KHOVNANIAN HOMES 
Submitted: April 25, 2024

2 | P a g e 
 
 
 
 
Introduction 
 
This PHO request is for 
a remnant infill parcel 
on 
the 
northwest 
corner of 36th St. and 
Southern 
Avenue. 
The 
original 
C-1 
rezoning for this site 
was for an office 
development, 
but 
that 
never 
went 
forward. Years later a 
PHO was processed 
to change the zoning 
to accommodate a 
multifamily 
development, 
but 
that too never went 
forward.   
 
Now, a respected homebuilder, K. Hovnanian Homes (“KHOV”), is proposing a 
single-family townhome development with opportunities for home ownership. 
The new community would include the subject parcel shown above in gold 
(Parcel A) and the larger parcel to the north, outlined in Green (Parcel B).  
 
Parcel A and Parcel B were the subjects of two separate zoning cases, and thus 
separate PHO applications and narratives are being filed for each.   
 
Home Ownership  
 
As home prices and interest rates have increased, a growing number of 
Arizonans are being priced out of the opportunity to buy a home. This has been 
one of the contributing factors to the increase of multifamily development over 
the past five years. But KHOV’s proposal for this parcel would provide 
home-ownership opportunities to many families. KHOV has been developing the 
same type of townhome-style community being proposed here in other areas

3 | P a g e 
 
 
of Phoenix and those communities have been well received.   KHOV is proposing 
40 townhomes for parcel A, with a gross density of 8.0 dwelling units per acre. 
Another 192 townhomes are proposed for Parcel B. KHOV would integrate the 
two parcels together to form a single residential community that fits seamlessly 
into the surrounding community. Combining the two parcels into one 
community is a superior option to leaving the two parcels to develop separately.   
 
Development Information 
 
As noted in the map above, the subject site’s zoning designation is C-1, which 
allows for the type of product being proposed. The maximum building height 
proposed is 30 feet and two stories. The project would provide 4.86 acres of open 
space, which equates to approximately 26 percent of the site (gross). The 
landscape pallet will incorporate the use of drought tolerant trees and 
groundcovers that will provide a sense of identity and be compatible with the 
neighborhood and environmental conditions of the region.  
 
Stipulation Modification Requests 
 
Stipulation 1 – New Site Plan 
 
Below is our proposed revision to stipulation 1:  
 
The development shall be in general conformance with the site plan date 
stamped April _____, 2024 October 18, 2021, as modified by the following 
stipulations and approved by the Planning and Development Department.

4 | P a g e 
 
 
A new plan with a new product is proposed and thus the site plan must be 
updated.   
 
 
The 2021 site plan was for a 
multifamily rental product, whereas 
the 
present 
proposal 
is 
for 
a 
townhome ownership community. 
Because this narrative is limited to 
addressing the stipulations that apply 
to Parcel A, the new site plan to be 
substituted in would be the portion of 
the overall community plan that is 
outlined in gold to the right.  
 
This 
proposal 
for 
a 
townhome 
community will address the problem 
of the “missing middle.” This term was 
coined in 2010 and refers to a 
housing 
type 
that 
is 
between 
detached single-family and large 
multifamily 
complexes. 
Examples 
include 
duplexes, 
courtyard 
apartments, cottage clusters and 
townhomes. This type of product is an 
appropriate 
transition 
between 
single-family homes to the west and 
north and commerce park to the east.  Moreover, in today’s housing climate, it 
is a housing type that offers home ownership at an accessible level.   
 
Stipulation 4 - Bike Parking 
 
Below is our proposed revision to stipulation 4:  
 
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 | P a g e 
 
 
The phrasing of the original stipulation makes sense for multifamily development. 
In multi-level apartments, it’s important to have bike parking in common areas. 
Otherwise, people are forced to haul their bikes up and down the stairs every 
day or to fit them into an apartment that may more limited space. Here, the 
residents of this townhome community will all have garages, backyards and 
first-floor living space. They will have no reason to park bicycles in a common 
area. That is why this type of stipulation is not appropriate for single-family 
communities.  
 
KHOV is, however, willing to install four bicycles parking spaces. This will 
accommodate anyone cycling to the open space and wishing to lock their bike 
while they play—even though this too is not terribly likely.   
 
Stipulation 5 and 6 – Standard Archaeological Stipulations  
 
Stipulations 5 and 6 are the standard archaeological stipulations. Both of these 
have been satisfied and thus it makes sense to simply remove them.  
 
Conclusion  
 
The modifications requested in this PHO are reasonable and will help to provide 
for the missing middle housing options. The requested modifications in this 
application and the companion application will align the stipulations of the two 
sites to allow for a new for-sale housing product type that is in short supply and 
very much needed to help provide solutions for home ownership.  
 
The core of our request is the modification of several stipulations that were either 
geared toward a rental multifamily community or have already been completed 
and are no longer required. The requested stipulations are reasonable under the 
context. The site plan is changed and should be updated. The bicycle parking 
requirement needs to be updated to reflect a single-family environment where 
homeowners have garages and places to store their personal belongings, and 
satisfied stipulations can be removed. 
 
The City has succeeded in increasing the supply of apartments and other 
for-rent housing products. But there has been a shortage of entry-level housing 
products that allows young families to enter into the housing market. We feel the 
proposed subdivision meets the needs of the community and provides this 
missing middle.  We urge the city to grant the requested modifications.

Mod

Mod

CP/GCP
S-1
CP/BP
C-2
*
*
Z-11-90
Z-11-98
36TH ST
36TH ST
SOUTHERN AV
34TH PL
APP
MUA *
Z-150-99
APP
R-5 *
Z-189-05
400
0
400
200
Feet
*   Maximum Units Allowed with P.R.D. Bonus
APPLICANT'S NAME:
DATE:
REVISION DATES:
REQUESTED CHANGE:
GROSS AREA INCLUDING 1/2 STREET
AND ALLEY DEDICATION IS APPROX.
AERIAL PHOTO &
QUARTER SEC. NO.
ZONING MAP
MULTIPLES PERMITTED
CONVENTIONAL OPTION
*   UNITS P.R.D. OPTION
FROM:
TO:
CITY COUNCIL DISTRICT:
NORTH
BROADWAY RD
BASELINE RD
DOBBINS RD
27TH AVE
19TH AVE
7TH AVE
CENTRAL AVE
7TH ST
16TH ST
40TH ST
48TH ST
24TH ST
32ND ST
SOUTHERN AVE
I-10
!"a$
Z-96-08
APPLICATION NO.
CITY OF PHOENIX PLANNING DEPARTMENT
CITY OF PHOENIX PLANNING DEPARTMENT
(N:\IS_Team\Core_Functions\Zoning\sketch_maps\2008\July\Z-69-08.mxd) 7/8/2008
07-08-2008
SOUTH MOUNTAIN VILLAGE
5.00 Acres
Z-69-08
R1-6 BAPOD (Approved MUA), (5.00 a.c.)
 Q3-35  
 D10
8 
C-1 BAPOD, (5.00 a.c.)
David Kenyon
R1-6 
C-1 
25
31
72
88
S-1
R1-6

ALLEY
PRIVATE
PRIVATE
PRIVATE
PRIVATE
PRIVATE
S 34TH PL
ALLEY
E WAYLAND DR
PRIVATE
E SOUTHERN AVE
S 36TH ST
PRIVATE
S 35TH PL
R1-6
CP/GCP*
R-3*
S-1
R-5 *
C-1*
C-2
CP/BP
CP/GCP*
S-1
Planning & Development Department
PHO-2-24--Z-69-08-8
Property Location: Northwest corner of 36th Street and Southern Avenue
0
190
380
95
Feet ´

ALLEY
PRIVATE
PRIVATE
PRIVATE
PRIVATE
S 34TH PL
ALLEY
E WAYLAND DR
PRIVATE
E SOUTHERN AVE
S 36TH ST
PRIVATE
S 35TH PL
R1-6
CP/GCP*
R-3*
S-1
R-5
*
C-1*
C-2
CP/BP
CP/GCP*
S-1
mapservices@phoenix.gov
Planning & Development Department
PHO-2-24--Z-69-08-8
Property Location: Northwest corner of 36th Street and Southern Avenue
0
200
400
100
Feet ´

2
SHEET LEGEND:
 
FOR
OF THE GILA AND SALT RIVER MERIDIAN, MARICOPA COUNTY, ARIZONA 
LOCATED IN A PORTION OF SECTION 25, TOWNSHIP 1 NORTH, RANGE 3 EAST
 
VICINITY MAP
N.T.S.
SITE
25
MISCELLANEOUS NOTES:
INDEX OF SHEETS
SHEET NO.
DESCRIPTION
CSP01
COVER SHEET
CSP02
ENGINEER:
ADDRESS
ASSESSORS PARCEL NO.
NO ADDRESS AVAILABLE
BENCHMARK:
BASIS OF BEARING:
BASE FLOOD ELEV.: N/A
FIRM ZONE: X-SHADED
FIRM DATE: 9/18/2020
SUFFIX: M
PANEL DATE: 9/18/2020
PANEL NUMBER: 2220
FIRM: 04013C2220M
UTILITIES:
- CITY OF PHOENIX
REFUSE
- CITY OF PHOENIX
POLICE/FIRE
- CITY OF PHOENIX
WATER
- CITY OF PHOENIX
SEWER
- COX COMMUNICATIONS
CABLE TV
- SOUTHWEST GAS COMPANY
GAS
- SALT RIVER PROJECT (SRP)
ELECTRIC
- CENTURY LINK/ COX
TELEPHONE
EMAIL: MATT@3ENGINEERING.COM
PHONE: (602) 334-4387
CONTACT: MATTHEW J. MANCINI, P.E.
SCOTTSDALE, ARIZONA 85251
6370 E. THOMAS ROAD, SUITE 200
3 ENGINEERING
FLOODPLAIN INFORMATION:
  
2
CSP01
APPLICANT:
PROJECT DESCRIPTION:
SINGLE FAMILY DESIGN REVIEW
A PLANNED RESIDENTIAL SUBDIVISION SUBJECT TO 
36TH & SOUTHERN
CONCEPTUAL SUBDIVISION PLAN
N.T.S.
36TH STREET
PUBLIC R/W
PLAN
SUBDIVISION 
CONCEPTUAL 
TRACT
USE
A
B
C
AREA
TOTAL
LANDSCAPE, RETENTION, DRAINAGE, PUE
PARCEL "A" TRACT AREA AND USE TABLE
TRACT
USE
A
B
AREA
LANDSCAPE, RETENTION, DRAINAGE, PUE
PARCEL "B" TRACT AREA AND USE TABLE
C
D
E
F
LANDSCAPE, RETENTION, DRAINAGE, PUE
LANDSCAPE, RETENTION, DRAINAGE, PUE
TOTAL
0.68 AC
1.18 AC
0.40 AC
2.26 AC
3.19 AC
0.85 AC
2.68 AC
0.65 AC
0.39 AC
0.29 AC
8.05 AC
PRIVATE STREETS, DRAINAGE, PUE, SWE
PRIVATE STREETS, DRAINAGE, PUE, SWE
LANDSCAPE, RETENTION, DRAINAGE, PUE
32ND    STREET
40TH    STREET
ROESER      ROAD
BROADWAY    ROAD
SOUTHERN   AVENUE
36TH STREET
10%
40%
40% + 10% SHADE
AVERAGE AREA/LOT NET/40
(GROSS-R/W-PRIVATE ACCESS)
NET AREA
GROSS AREA
PARCEL "A"
122-70-069
122-70-097
122-70-096
122-70-066
122-70-067
122-70-068
122-70-070
122-70-071
122-70-072
122-70-073
122-70-074
122-70-075
122-70-099
122-70-033
122-70-032
122-70-031
122-70-030
122-70-029
122-70-028
M.C.R. 076-26
BERRY HOMES
122-71-002
ESTEBAN  PARK
M.C.R. 864-05
YANCHE SUBDIVISION
CARDENAS VILLAS AT
122-70-076
122-70-077
122-70-078
122-70-079
122-70-080
122-70-081
122-70-082
122-70-083
122-70-084
122-70-085
122-70-086
122-70-087
122-70-088
122-70-089
122-70-090
122-70-091
122-70-092
122-70-093
122-70-094
122-70-098
36TH   STREET
TRACT "A"
TRACT "B"
TRACT "C"
TRACT "A"
TRACT "A"
TRACT "A"
TRACT "A"
TRACT "D"
TRACT "D"
TRACT "B"
TRACT "C"
TRACT "F"
TRACT "C"
TRACT "C"
TRACT "E"
TRACT "B"
  
3
RETENTION
RETENTION
RETENTION
RETENTION
RETENTION
RETENTION
RETENTION
RETENTION
RETENTION
SOUTHERN   AVENUE
CL
S/W
4'
2'
2'
C&G
LOCAL STREET
C&G
S/W
4'
B/C
14.58'
B/C
14.58'
LEGEND
R/W
S/W
C&G
(TYP)
LS
B/C
VNAE
PUE
RIGHT-OF-WAY
SIDEWALK
CURB & GUTTER
TYPICAL
LANDSCAPE
BACK OF CURB
VEHICULAR NON-ACCESS EASEMENT
PUBLIC UTILITY EASEMENT
SUBDIVISION CORNER
PROPOSED MONUMENT
PROPOSED HYDRANT
SETBACK LINE
EASEMENT LINE
CENTERLINE
EX. R/W LINE
LOT OF R/W LINE
PROPERTY / BOUNDARY LINE
APN 122-70-101 & 122-70-102
SITE DATA:
PARCEL "A"
10%
40%
40% + 10% SHADE
AVERAGE AREA/LOT NET/192
(GROSS-R/W-PRIVATE ACCESS)
NET AREA
GROSS AREA
324.20 SF
1,296.82 SF
1,621.02 SF
3,242.04 SF
(622,472 SF)
14.29 ACRES
(801,219 SF)
18.39 ACRES
PARCEL "B"
SITE DATA:
PARCEL "B"
DESIGN.
FIRE FLOW TEST TO BE COMPLETED AT FINAL 
COMPLETED DURING FINAL DESIGN.
NATIVE PLANT INVENTORY & SALVAGE TO BE 
DESIGN.
STREET LIGHTS TO BE DETERMINED AT FINAL 
DESIGN.
RETAINING WALLS TO BE DETERMINED AT FINAL 
1 of 4
CONCEPTUAL SUBDIVISION PLAN - PARCEL "A"
CONCEPTUAL SUBDIVISION PLAN - PARCEL "B"
CSP03-04
LANDSCAPE, RETENTION, DRAINAGE, PUE
LANDSCAPE, RETENTION, DRAINAGE, PUE
  
3
  
4
PRIVATE  ACCESSW AY
PRIVATE ACCESSW AY
PRIVATE ACCESSW AY
PRIVATE ACCESSWAY
PRIVATE ACCESSW AY
PRIVATE ACCESSWAY
PRIVATE ACCESSW AY
PRIVATE  ACCESSWAY
PRIVATE ACCESSW AY
PRIVATE
ACCESSWAY
MAXIMUM LOT COVERAGE:
MAXIMUM LOT COVERAGE:
TRACT
29.16'
PUE/SWE
10'
PUE/SWE
10'
2'
B/C
16.58'
C&G
EX. R/W
30'
CL
EX. R/W
30'
EX. PUE
8'
S/W
5'
5'
"PARCEL B"
"PARCEL A"
PRIVATE ACCESSWAY
PHONE: (480) 824-4175
EMAIL: CCHISHOLM@KHOV.COM
CONTACT: CHUCK CHISHOLM
SCOTTSDALE, AZ 85260
8800 E. RAINTREE DRIVE, SUITE 300
K HOVNANIAN GREAT WESTERN HOMES, LLC
AND PUBLIC SEWER. PROJECT IS ZONED R3
PROPOSES A TOTAL OF 192 LOTS WITH PRIVATE ACCESSWAY, PUBLIC WATER, 
DEVELOPMENT WITH A GROSS DENSITY OF 10.44 LOTS/AC.  THE PROJECT 
THIS PROJECT IS PROPOSED AS A ATTACHED SINGLE FAMILY RESIDENTIAL 
PARCEL B
AND PUBLIC SEWER. PROJECT IS ZONED R3.
PROPOSES A TOTAL OF 40 LOTS WITH PRIVATE ACCESSWAY, PUBLIC WATER, 
DEVELOPMENT WITH A GROSS DENSITY OF 8.00 LOTS/AC.  THE PROJECT 
THIS PROJECT IS PROPOSED AS A ATTACHED SINGLE FAMILY RESIDENTIAL 
PARCEL A
C.O.P. DATUM NGVD-29
ELEVATION: 1136.60
E. SOUTHERN AVE. & S. 36TH ST.
LOCATED AT THE INTERSECTION OF
FOUND BRASS CAP IN HANDHOLE
CITY OF PHOENIX NO. 757
MARICOPA COUNTY RECORDER.
WEST PER BOOK 864, PAGE 05 
EAST, BEARING SOUTH 88°49'00" 
25, TOWNSHIP 1 NORTH,  RANGE 3 
SOUTHWEST QUARTER OF SECTION 
THE SOUTH LINE OF THE 
CL
S/W
4'
2'
2'
C&G
LOCAL STREET
C&G
S/W
4'
B/C
16.58'
B/C
16.58'
TRACT
33.16'
PUE/SWE
10'
PUE/SWE
10'
N.T.S.
PRIVATE ACCESSWAY
N.T.S.
PARCEL A
4
PARCEL A RESIDENT ACCESS ONLY & PARCEL B
TOTAL:
PARKING SPACE:
DRIVEWAY:
GARAGE:
PARKING
ZONING
LOT COVERAGE (ALLOWED)
LOT SALES PROPOSED
AREA OF PRIVATE ACCESS
AREA OF PUBLIC R/W
AREA OF OPEN SPACE
AREA OF LOTS
MAX. BLDG. HEIGHT
GROSS DENSITY
GROSS AREA (INC. R/W)
TOTAL LOTS
PARCEL #'S
TOTAL:
PARKING SPACE:
DRIVEWAY:
GARAGE:
PARKING:
ZONING
LOT COVERAGE (ALLOWED)
LOT SALES PROPOSED
AREA OF PRIVATE ACCESS
AREA OF PUBLIC R/W
AREA OF OPEN SPACE
AREA OF LOTS
MAX. BLDG. HEIGHT
GROSS DENSITY
GROSS AREA (INC. R/W)
TOTAL LOTS
PARCEL #'S
384.42 SF
1,537.67 SF
1,922.09 SF
3,844.18 SF
(153,767 SF)
3.53 ACRES
(218,002 SF)
5.00 ACRES
114
0
57
57
R3
40% + 10% FOR SHADE
YES
0.68 ACRES
0.79 ACRES
1.58 ACRES (31.60% GROSS)
1.95 ACRES
30' (2-STORY)
8.00 DU/AC
5.00 ACRES
40
122-70-102
610
54
278
278
R3
40% + 10% FOR SHADE
YES
3.19 ACRES
0.91 ACRES
4.86 ACRES (26.43% GROSS)
9.43 ACRES
30' (2-STORY)
10.44 DU/AC
18.39 ACRES
192
APN 122-70-101
AMENTITY
3 engineering
planning
surveying
civil engineering
REVISIONS
ENGINEER:
CAD TECH:
DESIG NER:
C:\M y SecuriSync\Projects_5000\5319_36th & Southern\5319preapp_csp01-cover.dgn
CO PYRIG HT 
3 ENGINEERING, LLC
2024
SHEET NO.
PROJECT NO.
working days before you begin excavation
Contact Arizona 811 at least two full
Call 811 or click Arizona811.com
R
WWW.3ENGINEERING.COM
FAX: (602) 490-3230
PHONE: (602) 334-4387
SCOTTSDALE, ARIZONA 85251
SUITE # 200
6370 E. THOMAS ROAD
3 ENGINEERING, LLC
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APPROVALS
EXPIRES: 12/31/2024
5319
D. DENTON
M. MANCINI
PHOENIX, ARIZONA 85040
XX of XX
2/23/24
DATE: 2/23/24
36TH & SOUTHERN
M. MANCINI
QS 3-35,3-36
KIVA 20-4112, 21-671
KIVA 20-4112, 21-671   QS 3-35,3-36
2' C&G
4' S/W
6'
20'
B/C
B/C
CL
F/C-F/C
10' PUE
4' S/W
18'
(1)
2' C&G
(1)
(1) ROLL OR VERTICAL DEPENDING ON DRAINAGE
YARD
OPEN 
10'
YARD
OPEN 
10'
YARD
OPEN 
(2)
(2)
(2)
(2) NO ATTACHED SHADE STRUCTURES PERMITTED
1' VNAE
1' VNAE
NOTES
BUILDING
N.T.S.
TYPICAL INTERIOR LOT DETAIL
10'
14.58'
14.58'
S
W
89' (MIN)
24'(MIN.)
24'(MIN.)
PRIVATE ACCESSWAY
/PAE
/PAE
TYPE VEHICLES)
EMERGENCY & SERVICE
REFUSE COLLECTION, AND 
(ESMT. FOR W/S DRAINAGE,
10' PUE
28'
1' VNAE
6'
TRACT A
PRIVATE ACCESSWAY
SEE NOTES
- SIDE SETBACKS = 0'
20' WIDE
24'.), INSIDE UNITS ARE 
YARD, BUT UNIT IS STILL 
INCLUDE 5-FT SIDE 
LINE PREFERRED TO 
WIDE  MIN. (29' WIDE LOT 
- OUTSIDE UNITS ARE 24' 
PARCEL B. 
ACCESS ONLY AND FOR 
PARCEL A RESIDENT 
IS 29.16' WIDE FOR 
FOR PARCEL A. TRACT A 
- TRACT A IS 33.16' WIDE 
PHO-2-24--Z-69-08
Proposed Conceptual Site Plan
Hearing Date: June 12, 2024

1135
1135
1135
1135
PUE
EX. 8'
SWE
10'
EX. 
EX. 5' LS ESMT.
EX. 5' LS ESMT.
RETENTION
RETENTION
RETENTION
SCALE: 1"= 40'
0'
20'
40'
80'
 
CSP02
2 of 4
E.  SOUTHERN   AVENUE
S.  36TH   STREET
S.  35TH   PLACE
E.  
WAYLAND   DRIVE
PAGE 24, M.C.R.
PER DOCKET 7945,
INCIDENTAL PURPOSES
EASEMENT AND
7' COMMUNICATION
PAGE 25, M.C.R.
PER DOCKET 7945,
INCIDENTAL PURPOSES
EASEMENT AND
7' COMMUNICATION
PG. 14, M.C.R.
ON BK. 909,
AS SHWON
PG. 530, M.C.R.
OF DEEDS,
PER BK. 202
EASEMENT
CENTERLINE
2203.38'
CAP FLUSH
FD. BRASS
98.87' (M)  99.02' (R)
CAP FLUSH
FD. BRASS
47.01' (M)
S88°49'00"W (M&R&R1) 2632.90' (M) (BASIS OF BEARING)
330.63' (R)
330.64' (M)
N00°03'56"W 5.00'
7.04' (R)
7.05' (M)
N00°04'34"W  789.30' (R)
N00°04'52"W  792.36' (M)
S00°04'34"E 659.28' (R)
S00°04'52"E 659.25' (M & R2)
612.24'
330.40' (R2)
S88°48'43"W 330.78' (R)
S88°48'27"W 330.82' (M) 
305.82'
30'
BRASS CAP FLUSH
FD. CITY OF PHOENIX
130.09' (M) 130.03' (R)
CAP FLUSH
FD. BRASS
429.73' (M)   429.83' (R)
289.46' (M)   302.45' (R)
CAP FLUSH
FD. BRASS
S88°48'27"W 719.18' (M)
CAP FLUSH
FD. BRASS
S88°48'43"W 732.28' (R)
659.30' (M & R)
S00°03'48"E 2648.00' (R)
S00°03'56"E 2647.91' (M)
APN 122-70-082
LOT 34
APN 122-70-083
LOT 35
APN 122-70-084
LOT 36
APN 122-70-085
LOT 37
APN 122-70-086
LOT 38
APN 122-70-087
LOT 39
APN 122-70-089
LOT 41
APN 122-70-090
LOT 42
APN 122-70-091
LOT 43
APN 122-70-092
LOT 44
APN 122-70-093
LOT 45
APN 122-70-081
LOT 33
APN 122-70-080
LOT 32
APN 122-70-079
LOT 31
APN 122-70-078
LOT 30
APN 122-70-077
LOT 29
APN 122-70-076
LOT 28
APN 122-70-094
LOT 46
APN 122-70-098
TRACT "D"
CAP FLUSH
FD. BRASS
74.02'
S88°49'00"W
N33°16'43"E 27.28'
5.00'
N00°03'56"W
180.63'
S88°49'00"W
PER 91-013237, M.C.R.
AND INCIDENTAL PURPOSES
10' LANDSCAPE EASEMENT
BRASS CAP IN HANDHOLE
FD. CITY OF PHOENIX
BRASS CAP IN HANDHOLE
FD. CITY OF PHEONIX
S ‚ COR. SEC. 25
HANDHOLE
BRASS CAP IN 
PHOENIX
FD. CITY OF 
SW COR. SEC. 25
31.01'
S88°49'00"W
RLS 26404
NO I.D. - SET CAP 
FD. REBAR BENT
W/ CAP RLS 26404
SET 1/2" REBAR 
EX. R/W
30'
N00°03'56"W 589.79'
APN 122-70-088
LOT 40
 14
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 1 
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ACCESSWAY
PRIVATE
TRACT "A"
TRACT "A"
PRIVATE ACCESSW AY
TRACT "A"
TRACT "B"
TRACT "B"
TRACT "C"
TRACT "B"
 15
APN 122-76-112
BUSINESS PARK
SOUTH MOUNTAIN
R/W
47'
EX. R/W
30'
N.T.S.
36TH STREET
PUBLIC R/W
PARCEL "B" TRACT AREA AND USE TABLE
CL
S/W
4'
2'
2'
C&G
LOCAL STREET
C&G
S/W
4'
B/C
14.58'
B/C
14.58'
TRACT
29.16'
PUE/SWE
10'
PUE/SWE
10'
2'
B/C
16.58'
C&G
EX. R/W
30'
CL
EX. R/W
30'
EX. PUE
8'
S/W
5'
5'
PRIVATE ACCESSWAY
CL
S/W
4'
2'
2'
C&G
LOCAL STREET
C&G
S/W
4'
B/C
16.58'
B/C
16.58'
TRACT
33.16'
PUE/SWE
10'
PUE/SWE
10'
N.T.S.
PRIVATE ACCESSWAY
N.T.S.
PARCEL A
PARCEL A RESIDENT ACCESS ONLY & PARCEL B
1' VNAE
89'
89'
89'
89'
95'
89'
29'
29'
20'
24'
29'
20'
20'
20'
20'
20'
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79'
19'
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29'
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78'
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29'
89'
29'
29'
1' VNAE
1' VNAE
1' VNAE
29'
29'
29'
29'
29'
29'
29'
14'
29'
19'
14'
1' VNAE
1' VNAE
1' VNAE
1' VNAE
1' VNAE
1' VNAE
1' VNAE
(TYPICAL)
FIRE HYDRANT
10'
50'
40'
40'
20.00'
20.00'
20.00'
ENTRY
GATED 
52'
33'
10'
(TYPICAL)
ENCLOSURE
TRASH 
1' VNAE
AREA
LOT 
TOT 
ONLY
ACCESS 
RESIDENCE
20'
20'
3 engineering
planning
surveying
civil engineering
REVISIONS
ENGINEER:
CAD TECH:
DESIG NER:
C:\M y SecuriSync\Projects_5000\5319_36th & Southern\5319preapp_csp02-site plan.dgn
CO PYRIG HT 
3 ENGINEERING, LLC
2024
SHEET NO.
PROJECT NO.
working days before you begin excavation
Contact Arizona 811 at least two full
Call 811 or click Arizona811.com
R
WWW.3ENGINEERING.COM
FAX: (602) 490-3230
PHONE: (602) 334-4387
SCOTTSDALE, ARIZONA 85251
SUITE # 200
6370 E. THOMAS ROAD
3 ENGINEERING, LLC
PRELIM INARY SITE PLAN
APPROVALS
XX of XX
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EXPIRES: 12/31/2024
M. MANCINI
D. DENTON
M. MANCINI
PHOENIX, ARIZONA 85040
36TH & SOUTHERN
2/23/24
DATE: 2/23/24
5319
KIVA 20-4112, 21-671   QS 3-35,3-36
QS 3-35,3-36
KIVA 20-4112, 21-671
PHO-2-24--Z-69-08
Proposed Conceptual Site Plan
Hearing Date: June 12, 2024

PHO-2-24--Z-69-08
Stipulated Site Plan
Hearing Date: June 12, 2024

PHO-2-24--Z-69-08
Stipulated Site Plan
Hearing Date: June 12, 2024

REPORT OF PLANNING HEARING OFFICER ACTION  
Mr. Adam Stranieri, Planner III, Hearing Officer  
Bradley Wylam, Planner I, Assisting  
 
October 20, 2021 
 
ITEM NO: 5 
 
 
DISTRICT 8 
SUBJECT: 
 
 
 
Application #: 
PHO-1-21--Z-69-08-8 
Location: 
Northwest corner of 36th Street and Southern Avenue 
Existing Zoning:  C-1 
Acreage:  
5.0 
Request: 
1) Modification of Stipulation 1 regarding general 
conformance with the site plan and elevations date 
stamped July 3, 2008. 
2) Technical corrections to Stipulations 4 and 5. 
Applicant: 
Avenue North 
Owner: 
Hermes, Inc. 
Representative: 
Benjamin Tate, Withey Morris PLC 
 
ACTIONS 
 
Planning Hearing Officer Recommendation: The Planning Hearing Officer 
recommended approval with a modification and additional stipulations. 
 
Village Planning Committee (VPC) Recommendation: The South Mountain 
Village Planning Committee heard this case on October 12, 2021 and 
recommended denial as filed and approval with a modification and an additional 
stipulation by a vote of 9-0-1. 
 
DISCUSSION 
 
Benjamin Tate, representative with Withey Morris, provided an overview of the 
original rezoning case and the PHO request. He stated the request to modify 
Stipulation 1 regarding general conformance with the site plan and elevations will 
retain the MUA landscaping standards as desired by the South Mountain Village 
Planning Committee (VPC). He noted that the VPC recommended additional 
stipulations regarding the elevations to include enhanced architectural standards. 
He stated that the stipulation was intended to address the street-facing sides of 
each building.  
 
Adam Stranieri, Planning Hearing Officer, stated there were no concerns 
regarding the intensity, use, or layout provided on the proposed site plan. He 
reviewed the language recommended by the VPC regarding elevations and

Planning Hearing Officer Summary of October 20, 2021 
Application PHO-1-21--Z-69-08-8 
Page 2 
 
design guidelines. Ryan Hartman, representative with Avenue North, stated they 
are comfortable with the language as recommended by the VPC. Mr. Stranieri 
asked for clarification regarding the proposed language of Stipulation 1 regarding 
MUA standards. Mr. Tate stated the intent of the proposal is to follow the 
landscaping standards per the MUA zoning district, but not the common open 
space standards which require 25% open space. Mr. Stranieri noted that he 
proposes that the content regarding MUA landscaping standards be separated 
from the other language in Stipulation 1 regarding conformance with the site 
plan. He stated that the Archaeology Department recommends additional 
stipulations regarding archaeologically sensitive areas. He stated that the Street 
Transportation Department recommends an additional stipulation regarding 
bicycle parking. 
 
FINDINGS 
 
1) The stipulated site plan depicts a large-scale, mixed-use development 
consisting of two approximately 20,000 square foot buildings providing 
ground-floor retail space and second-floor office uses.  Proposed buildings 
were two stories and 30 feet in height.  The project did not develop, and 
the property remains vacant.  The proposed site plan depicts a multifamily 
residential development consisting of 47 units at a density of 9.39 dwelling 
units per gross acre.  The buildings are two stories and approximately 28 
feet in height.  Proposed open space is approximately 5.3%.  The 
proposal is compatible with the diverse land uses in the surrounding area.  
Immediately to the east is a large amount of employment-generating 
Commerce Park type uses.  To the north are existing single-family 
residences and a planned multifamily development.  To the south are 
extensive agricultural uses.  To the west is a mixture of single-family, 
multifamily, and agricultural uses.   
 
2) The applicant’s request for modification of Stipulation 1 regarding general 
conformance and additional standards is recommended for approval with 
a modification and additional stipulations.   
 
The first modification is to remove the general conformance requirement 
for conceptual elevations. See Finding #3 for detailed discussion 
regarding elevations. 
 
The second modification is to remove the requirement for specific regard 
to the quantity and location of open space.  In the original rezoning case, 
this stipulation was established to require that the developer provide 
common open space consistent with the MUA district, which requires a 
minimum 25% of the net site area of a mixed-use development to be set 
aside as open space accessible to the public.  There is no comparable 
standard in the C-1 zoning district.  Additionally, this standard would not 
apply to a multifamily development in the MUA district.  The applicant’s

Planning Hearing Officer Summary of October 20, 2021 
Application PHO-1-21--Z-69-08-8 
Page 3 
 
request is consistent with the R-3 zoning district, which requires a 
minimum 5% of the gross area be provided as common area.  The 
applicant is proposing 5.3%.  Therefore, this existing language is no 
longer relevant to the current proposal. 
 
The third modification is to relocate existing stipulation language, 
regarding compliance with MUA landscaping standards for quantity and 
type of landscape materials and parking lot landscaping standards, to a 
new stand-alone stipulation.  These requirements are unrelated to the site 
plan and should be separated from the content of Stipulation 1.   
 
3) The South Mountain Village Planning Committee recommended two 
additional stipulations regarding elevations that are recommended for 
adoption.  The Committee expressed concerns regarding design continuity 
on all building sides and a lack of architectural detailing and features.  
Specifically, these concerns were centered around rear elevations, given 
that the proposed conceptual site plan depicts many units backing to the 
public right-of-way along 36th Street and Southern Avenue.  These 
stipulations establish enhanced requirements regarding exterior finishes 
and four-sided architecture.   They address the Committee’s concerns 
regarding these issues and the additional stipulations will allow the 
applicant and staff flexibility to modify the conceptual elevations to 
incorporate additional enhancements, particularly on the rear of the 
buildings.    
 
4) The Street Transportation Department recommends an additional 
stipulation regarding required bicycle parking.  This stipulation is 
recommended for inclusion.   The subject site is in proximity to identified 
multi-use trails along the east side of 36th Street, west side of 32nd Street, 
and Vineyard Road. The development site is abutting bike lanes along 
Southern Avenue and along other nearby streets (i.e., 32nd Street, 40th 
Street, Roeser Road). In addition, the subject site is less than a mile from 
the Western Canal which offers regional multi-modal connections. Bicycle 
infrastructure supports the established and future planned multi-modal 
network and promotes the goals of the City Council approved Complete 
Streets Policy. 
 
5) The site is identified as archaeologically sensitive and two additional 
stipulations are recommended to be included to address requirements for 
archaeological survey and testing. 
 
STIPULATIONS 
 
1. 
That The development shall be in general conformance to WITH the site 
plan and elevations date stamped July 3, 2008 OCTOBER 18, 2021, AS 
MODIFIED BY THE FOLLOWING STIPULATIONS with specific regard to

Planning Hearing Officer Summary of October 20, 2021 
Application PHO-1-21--Z-69-08-8 
Page 4 
 
the amount and location of the common open space, however, the 
development shall follow the Mixed Use Agriculture (MUA) zoning district 
standards pertaining to quantity and type of landscape materials, and the 
parking lot landscaping standards, as AND approved by the PLANNING 
AND Development Services Department. 
 
 
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 SECURED BICYCLE PARKING 
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 APPROVAL BY THE CITY 
ARCHAEOLOGIST PRIOR TO CLEARING 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

Planning Hearing Officer Summary of October 20, 2021 
Application PHO-1-21--Z-69-08-8 
Page 5 
 
CONDUCT PHASE II ARCHAEOLOGICAL DATA RECOVERY 
EXCAVATIONS. 
 
 
7. 
2. 
That 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. 
3. 
That 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. 
4. 
That The following street transportation improvements shall be provided 
and approved by the PLANNING AND Development Services 
Department: 
 
 
 
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. 
5. 
The developer shall construct all streets within and 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 Services 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.

Planning Hearing Officer Summary of October 20, 2021 
Application PHO-1-21--Z-69-08-8 
Page 6 
 
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. Please contact the Planning 
and Development Department, Angie Holdsworth, at voice number 602-495-5622 or TTY 
use 7-1-1.

South Mountain Village Planning Committee 
Minutes – October 12, 2021 
Page 4 
 
 
 
Chairwoman Daniels asked for an applicant response, further discussion, or a 
motion. 
 
MOTION: 
 
Mr. Brownell motioned to approve case PHO-1-21—Z-142-03-7(8) as filed. Mr. 
Brooks seconded the motion to approve. 
 
VOTE: 
10-0, motion passed; Members Aldama, Brooks, Brownell, Busching, Marchuk, 
Muhammad, Shepard, Smith, Viera and Daniels in favor. None in dissent. 
 
7) PHO-1-21--Z-69-08-8: Presentation, discussion, and possible recommendation 
regarding a request to modify stipulations of entitlement for the property located 
at the northwest corner of 36th Street and Southern Avenue. Request to modify 
Stipulation No. 1 regarding general conformance to the site plan and elevations 
date stamped July 3, 2008. Technical corrections to Stipulation Nos. 4 and 5. 
 
No members of the public registered to speak on this item. 
 
Enrique Bojórquez, staff, introduced himself and provided a presentation on this 
case noting the location of the site, existing zoning, and proposed use. The 
requested modification to the case stipulation for Z-69-08-8 were presented and 
the new proposed site plan plus building elevations were shown. He then invited 
the applicant to provide a brief presentation to the committee. 
 
Benjamin Tate, with Whitey Morris PLC, introduced himself as the applicant and 
discussed the location of the site, surrounding uses, and existing site conditions. 
A history of the site was provided, followed by the new proposed site plan and 
elements within that plan which were modified slightly from the site plan provided 
to the committee. Renderings of the proposed site were shown, and the 
requested stipulation modification was presented. Elements from the General 
Plan were discussed, and the presentation was concluded. 
 
Greg Brownell stated that the building elevations look very plain and cheap with 
the materials depicted. The partnership with Tiger Mountain Foundation is good, 
but he does not know how the relationship will continue. He discussed the 
landscaping and adding a new stipulation to allow flexibly with the spacing of 
trees. Mr. Tate responded that he would be concerned with adding a stipulation 
that might have unintended consequences regarding the landscaping but 
appreciates the suggestion. 
 
Mr. Brownell stated that the stipulation can remain, but the applicant should 
work with a certified arborist to determine the spacing of the trees. Mr. Tate

South Mountain Village Planning Committee 
Minutes – October 12, 2021 
Page 5 
 
 
responded that he prefers to not over-regulate the standards, as it makes sense 
from a practical perspective. He discussed the repositioning of retail uses and 
critical mass in the area. 
 
Emma Viera asked if drought-tolerant trees could be used. Mr. Tate responded 
that tree species from the Mixed-Use Agricultural (MUA) zoning district were 
required per the previous stipulation on the case. 
 
Dr. Viera asked staff if drought-tolerant tree species were required, as some of 
the tree species proposed are not appropriate due to high-water usage. Mr. 
Bojórquez, responded that drought-tolerant plant species are typically required 
along perimeter landscaping, but in this case, the previous stipulation requires 
landscaping to adhere to the MUA zoning district plant list. The committee could 
vote to change this stipulation. 
 
Emma Viera asked if cool pavement could be used in this project. Ryan 
Hartman, with Avenue North, responded that this had not been considered but 
he can look into this. 
 
Fatima Muhammad Roque asked if there were other community gathering 
areas besides the pool. Mr. Tate responded that the focus was to create open 
space areas where someone can recreate. He discussed the sidewalk along 36th 
Street that will connect residents to Esteban Park, north of the site. 
 
Ms. Muhammad asked if there will be a clubhouse for residents to use and how 
far is Esteban Park from this site. Mr. Tate responded that a barbecue area, 
ramada and pool were some of the amenities provided. This for-rent community 
is planned to feel like a townhome community. 
Ms. Muhammad asked the following questions to the applicant: 
• Why was a clubhouse not provided? 
• How many parking spaces will there be on the site? 
• Are any balconies proposed? 
• Where is your surface water retention area located? 
 
Mr. Tate responded that the project is intended to feel like a townhome 
community where it is convenient for residents to walk back to their home. The 
site plan proposed exceeds the required number of parking stalls and no 
balconies are proposed since adjacent to the existing residential community. 
 
Mr. Hartman discussed the required parking and stated that water retention will 
be along open space areas. 
 
Ms. Muhammad asked if a traffic signal light will be required. Mr. Tate 
responded that a traffic signal warrant analysis was done for the project to the 
north, but not traffic light was warranted.

South Mountain Village Planning Committee 
Minutes – October 12, 2021 
Page 6 
 
 
 
Ms. Muhammad asked for an update regarding public outreach. Mr. Tate stated 
that a series of conversations with the adjacent HOA had taken place, and a 
letter of support was issued for this project by the HOA. 
 
Ms. Muhammad asked for clarification on the location of electric charging 
stations. Mr. Tate responded that these will be inside the garages. 
 
Mr. Hartman added that they may install electrical wiring in other parking areas 
in case electric charging stations are placed there in the future. 
 
Ms. Muhammad asked what the market-rate for these units and planned project 
completion date is. Mr. Hartman responded that 85 units took about 24 months 
to build nearby, thus expects this project to take 15 to 18 months or early 2022 to 
break ground. 
 
Ms. Muhammad asked the following questions: 
• Has a community benefit agreement been considered? 
• What will be your application process and fees? 
• Have you considered setting aside several units to help members in the 
community? 
 
Mr. Tate responded that the operator must be careful with Fair Housing Laws. 
Mr. Hartman added that at their 18th Street and Baseline Road project, they 
refund fees to people who have previous convictions. Application fees usually 
cover the cost associated with processing the application. 
 
Ms. Muhammad asked how rent deposits were handled. Mr. Hartman 
responded that usually one-months rent is required, but there are great programs 
that renters can use to get further assistance. 
 
Ms. Muhammad asked if these rental assistance programs were part of the 
application process. Mr. Hartman discussed the management of the property 
and providing housing for people. 
 
Ms. Muhammad asked for clarification on the square footage of the buildings. 
Mr. Hartman discussed the square footage and floor plans. These will be three-
bedroom units proposed on this site. 
 
Vice Chair Marchuk thanked the applicant for their work. He asked if elevation 
enhancements were considered. He asked staff to display stipulation language 
on the screen regarding building elevation enhancements.

South Mountain Village Planning Committee 
Minutes – October 12, 2021 
Page 7 
 
 
Mr. Hartman is happy to incorporate the stipulation language, but also must 
consider the cost associated with it. He will work with his team to update the 
building elevations. 
 
Vice Chair Marchuk stated that he wants the building elevations to look 
appealing. Mr. Tate accepted the stipulation proposed. 
 
Mr. Hartman would like to keep a solid wall along Southern Avenue but can 
incorporate some view fencing along the 36th Street frontage. Vice Chair 
Marchuk agrees with this proposal. 
 
Mr. Hartman discussed fencing changes. 
 
Vice Chair Marchuk discussed the community and changes to the site plan. 
 
Ms. Muhammad is concerned with impacts to elderly or disabled persons due to 
the two-story design of the community. Mr. Hartman responded that his 
company owns other communities in the area with one-story floor plans that 
could be offered. 
 
Chairwoman Daniels stated that the building elevations could be improved. But 
that the new stipulation will help improve these elevations. She discussed the 
community. 
 
 
 
MOTION: 
 
Ms. Busching motioned to approve case PHO-1-21—Z-69-08-8 as filed with a 
modification to Stipulation No.1 and an additional stipulation. Ms. Shepard 
seconded the motion to approve. 
 
Modification to Stipulation No. 1: 
 
1. That the development shall be in general conformance to the site plan  
and elevations date stamped August 12, 2021, with specific regard to the 
amount and location of the common open space, however, the development 
shall follow the Mixed Use Agriculture (MUA) zoning district standards 
pertaining to quantity and type of landscape materials, and the parking lot 
landscaping standards, as approved by the Planning and Development 
Department.

South Mountain Village Planning Committee 
Minutes – October 12, 2021 
Page 8 
 
 
Additional Stipulation No. 2: 
 
2. New 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, as approved by the 
Planning and Development Department. 
 
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, as approved by the Planning and Development 
Department. 
 
VOTE: 
9-0-1, motion passed; Members Brooks, Brownell, Busching, Marchuk, 
Muhammad, Shepard, Smith, Viera and Daniels in favor; None in dissent; 
Member Aldama abstained. 
 
8) Z-TA-3-19: Presentation, discussion, and possible recommendation regarding a 
request to amend Chapters 3, 5 and 13 of the Phoenix Zoning Ordinance to 
expand the Walkable Urban (WU) Code boundaries citywide and amend 
Appendix A - Zoning Fee Schedule to include fees for WU Code Transect 
Districts and administrative temporary use permits. 
 
Two members of the public registered to speak on this item. 
 
Enrique Bojórquez, staff, introduced himself and provided a presentation on this 
citywide text amendment case Z-TA-3-19. He provided a summary of the request 
involving the expansion of the Walkable Urban (WU) code applicability area, noting 
the existing boundaries where WU code is available today. He discussed the need 
for this text amendment given the expansion of mass-transit to other parts of the 
city. The various WU Code Transects were explained, providing examples of low, 
medium and high-intensity transects. This proposal would allow property owners to 
rezone to WU Code citywide and update standards regarding single-family attached 
standards outside of TOD areas. This proposal does not rezone any property, does 
not modify the current rezoning process, does not modify the applicability or 
standards of adopted City policy plans including TOD District plans. Addendum A of 
the staff report revises applicability of regulatory overlay districts and plans, plus 
adds Administrative Temporary Use Permit fees. An overview of existing zoning 
tools, rezoning evaluation process and impacts was provided. Staff recommends