Attachment C - PHO Summary - PHO-1-24--Z-104-23-8.pdf
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REPORT OF PLANNING HEARING OFFICER ACTION Byron Easton, Planner III, Hearing Officer Teresa Garcia, Planner I, Assisting July 17, 2024 ITEM NO: 3 DISTRICT NO. 8 SUBJECT: Application #: PHO-1-24--Z-104-23-8 Location: Northeast corner of 36th Street and Beverly Road Zoning: R1-6 BAOD Acreage: 18.52 Request: 1) Modification to Stipulation 34 regarding conceptional elevation review. Applicant: Ryan Larsen, Porchlight Homes Owner: Yvonne and Miguel Montiel, All Other Property, LLC. Representative: Ryan Larsen, Porchlight Homes ACTIONS: Planning Hearing Officer Recommendation: The Planning Hearing Officer recommended approval with a modification. Village Planning Committee (VPC) Recommendation: The South Mountain Village Planning Committee heard the request on July 9, 2024 and recommended approval by a vote of 15-0. DISCUSSION: Ryan Larsen, representative of Porchlight Homes, gave an overview of the conceptual elevations. He stated three elevations were submitted to the South Mountain VPC, but only two were well received. He stated the third elevation was brought back to the VPC and the PHO for review, indicating the revised elevation would be a better fit for the community. Byron Easton, Planning Hearing Officer, stated the Laveen VPC recommended approval to Request 1. Mr. Easton recommended approval with a modification to Request 1, replacing the language with general conformance language. FINDINGS: ATTACHMENT C Planning Hearing Officer Summary of July 17, 2024 Application PHO-1-24—Z-104-23-8 Page 2 STIPULATIONS: Phoenix Zoning Ordinance: 1. Tracts “C”, “H”, “I”, and “G”, as generally depicted on the site plan date stamped January 17, 2024, shall be reserved for open space, as modified by the following stipulations, and approved by the Planning and Development Department. 2. The undisturbed hillside area (above 10% per the approved Slope Analysis) shall remain undisturbed and be dedicated with a preservation easement except for Lot 27 and development of private accessways as generally depicted on the site plan date stamped January 17, 2024, as approved by the Planning and Development Department. 3. The existing home on Lot 27 shall remain and any improvements to this lot shall be reviewed and approved through a Hillside/Grading and Drainage Plan by the Planning and Development Department. 4. A physical feature (such as retaining wall, rock wall, etc.) shall be provided along the west and south portions of Tract “J”, as generally depicted on the site plan date stamped January 17, 2024, to protect the undisturbed hillside area, as approved by the Planning and Development Department. 5. A minimum of three distinct exterior accent materials for each required standard plan within the subdivision shall be provided, as approved by the Planning and Development Department. 6. If fencing is proposed along the perimeter of the site, the fencing shall be a minimum of 75% view fencing, except on Lots 1, 50, 51, 52 and 53 as depicted on the site plan date stamped January 17, 2024, as approved by the Planning and Development Department. Any perimeter fencing requirement adjacent to the Highline Canal is subject to review and approval of SRP. 7. All landscape setbacks shall be planted with minimum 2-inch caliper large canopy drought-tolerant trees, 20 feet on center or in equivalent groupings, with five 5-gallon shrubs per tree, as approved by the Planning and Development Department. 8. A minimum of 10% of the required shrubs, shall be milkweed or other native nectar species, and shall be planted in groups of three or more and maintained, as approved by the Planning and Development Department. 9. The sidewalk along 36th Street shall be a minimum of five feet in width Planning Hearing Officer Summary of July 17, 2024 Application PHO-1-24—Z-104-23-8 Page 3 and detached with a minimum five-foot wide landscape 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 2-inch caliper, single-trunk, large canopy, drought-tolerant shade trees planted 20 feet on center or in equivalent groupings. b. Drought tolerant vegetation to achieve a minimum of 75 percent live coverage at maturity. Where utility conflicts exist, the developer shall work with the Planning and Development Department on alternative design solutions consistent with a pedestrian environment for installing the required plants. 10. Prior to preliminary plat approval, documentation shall be provided that demonstrates participation in the Environmental Protection Agency’s WaterSense certification program, or an equivalent program, as approved by the Planning and Development and Water Services departments. 11. A WaterSense inspection report from a third-party verifier shall be submitted that demonstrates successful participation in the Environmental Protection Agency’s WaterSense certification program, or an equivalent program, prior to certificate of occupancy, as approved by the Planning Development Department. 12. In addition to the landscape materials listed in the Baseline Area Master Plan Plant List Cercidium Hybrid (Desert Museum Palo Verde), Quercus Virginiana (Live Oak), And Pistacia X ‘Red-Push (Red Push Pistache), may be permitted as approved by Planning and Development Department and shall be utilized throughout the subdivision including the front, side, and rear yards of individual residential lots. This restriction shall be included in the Covenants, Conditions, and Restrictions for the subdivision. 13. Landscaping in common areas shall be maintained by permanent and automatic/water efficient WaterSense labeled irrigation controllers (Smart Controller) to minimize maintenance and irrigation water consumption for all on and offsite landscape irrigation. 14. Pressure regulating sprinkler heads and drip lines shall be utilized in any turf areas to reduce water waste. 15. Natural turf shall only be utilized on individual single-family lots (behind the front yard); required retention areas (bottom of basin), and functional turf areas within common areas, as approved by the Planning and Planning Hearing Officer Summary of July 17, 2024 Application PHO-1-24—Z-104-23-8 Page 4 Development Department. 16. A minimum of two green infrastructure (GI) techniques for stormwater management shall be implemented per the Greater Phoenix Metro Green Infrastructure and Low-Impact Development Details for Alternative Stormwater Management, as approved or modified by the Planning and Development Department. 17. Swimming pools on individual single-family lots shall be limited to 600 square feet in size. 18. A public connection to the existing 36th Way stub street shall be provided or the existing 36th Way right-of-way shall be terminated per the City of Phoenix termination standards, as required by the Street Transportation Department. 19. An enhanced connection shall be provided on the southern site boundary to allow for direct pedestrian access to the adjacent Highline Canal. The developer shall construct an 8-foot-wide shaded pedestrian pathway consisting of decorative material such as brick, pavers or alternative material providing at the entryway, as approved by the Planning and Development Department. 20. A sidewalk easement shall be dedicated over a clearly defined pedestrian pathway(s) providing a public connection through the site from the existing 36th Way access point on the northern site boundary to the Highline Canal and the adjacent wash/trail system, as approved by the Planning and Development Department. 21. Replace unused driveways with sidewalk, curb, and gutter. Also, replace any broken or out-of-grade curb, gutter, sidewalk, curb ramps on all streets and upgrade all off-site improvements to be in compliance with current ADA guidelines. 22. All streets within and adjacent to the development shall be constructed with paving, curb, 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. 23. The property owner shall record documents that discloses the existence, and operational characteristics of Phoenix Sky Harbor 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 which have been reviewed and approved by the City Attorney. Planning Hearing Officer Summary of July 17, 2024 Application PHO-1-24—Z-104-23-8 Page 5 24. If determined necessary by the Phoenix Archaeology Office, the applicant shall conduct Phase I date testing and submit and 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. 25. 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. 26. 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. 27. Prior to final 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. 28. Bench seating shall be provided near the western pedestrian connections, located between Lots 39 and 50, as depicted on the site plan date stamped January 17, 2024, and as approved by the Planning and Development Department. 29. At least 50% of the residential homes abutting the canal (Lots 28 through 39, as depicted on the site plan date stamped January 17, 2024) shall be a maximum of one story or 15 feet in height, as approved by the Planning and Development Department. 30. The developer shall provide evidence of undertaking reasonable efforts to work with the adjacent homeowners association to the north, to close off the former access drive east of “Groves at Baseline” subdivision by installing a solid 4-foot tall block wall with a 2-foot view fence atop, at the northeast corner of the site and at the driveway entrance along Baseline Road, with a locked access gate on the south end for maintenance as needed. 31. A Traffic Impact Analysis (TIA) shall be submitted to the City for this development. No preliminary approval of plans shall be granted until the analysis is reviewed and approved by the Street Transportation Department. The TIA shall include a signal warrant analysis for 36th Street Planning Hearing Officer Summary of July 17, 2024 Application PHO-1-24—Z-104-23-8 Page 6 and Baseline Road. If the approved TIA determines that a signal is warranted and is approved by the Street Transportation Department for installation, the developer shall be responsible for its proportionate share of the funding and construction of all recommendations of the analysis. 32. The subdivision shall have no more than 61 lots. 33. On-site lighting within open space areas shall be accomplished with low level, uniform light fixtures dispersed throughout the site with a lumen rating of 3,000 or less. 34. THE DEVELOPMENT SHALL BE IN GENERAL CONFORMANCE WITH THE RESIDENTIAL ELEVATIONS DATE STAMPED MAY 31, 2024, AS MODIFIED BY THE FOLLOWING STIPULATIONS AND APPROVED BY THE PLANNING AND DEVELOPMENT DEPARTMENT. The conceptual elevations for future development (new homes) shall be reviewed and approved, with specific regard to the Single-Family Design Review Guidelines, by the Planning Hearing Officer through the public hearing process, including review by the South Mountain Village Planning Committee, for stipulation modification prior to preliminary site plan approval. This is a legislative review for conceptual purposes only. Specific development standards and requirements will be determined by the Planning Hearing Officer, and the Planning and Development Department. 35. Any invasive plants shall not be allowed. 36. Native materials, or similar materials, shall be used for all exterior perimeter wall columns, as approved by the Planning and Development Department. Upon request, this publication will be made available within a reasonable length of time through appropriate auxiliary aids or services to accommodate an individual with a disability. This publication may be made available through the following auxiliary aids or services: large print, Braille, audiotape or computer diskette. To request a reasonable accommodation, please contact Teleia Galaviz at teleia.galaviz@phoenix.gov or (602) 291-2559 or TTY: 7-1-1.