Attachment C - VPC Summary - Z-76-23-8.pdf

City of Phoenix — Formal (2024-07-01)

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City of Phoenix • Planning & Development Department 
200 West Washington Street, 3rd Floor • Phoenix, Arizona  85003-1611 • (602) 262-6882 
Village Planning Committee Meeting Summary 
Z-76-23-8 
 
Date of VPC Meeting 
May 14, 2024 
Request From 
S-1 
Request To 
R1-18 
Proposal 
Single-family residential 
Location 
Northeast corner of 23rd Avenue and Dobbins Road 
VPC Recommendation 
Approval, per the staff recommendation, with additional 
stipulations 
VPC Vote 
12-0-1 
 
VPC DISCUSSION & RECOMMENDED STIPULATIONS: 
 
Committee Member Tamala Daniels joined during this item bringing quorum to 13 
members (ten needed for a quorum). 
 
Two members of the public registered to speak in favor of this item. 
 
STAFF PRESENTATION 
 
Samuel Rogers, staff, presented the request, the location of the subject site, the 
surrounding context, the General Plan Land Use Map designation, the site plan, 
proposed elevations, the staff recommendation, the staff findings, and concluded by 
presenting the proposed stipulations. 
 
Committee Member Coleman asked about the requested R1-18 district development 
option. Mr. Rogers explained that the R1-18 Planned Residential Development (PRD) 
was requested and stated that the development will utilize bonus points to achieve the 
proposed density.  
 
APPLICANT PRESENTATION 
Zachary Pebler, the property owner with Pebler Equities, explained that he is the owner 
of the subject site, stated that he is a farmer not a homebuilder, and presented the 
proposal, outreach, and compliance with policy plans.  
 
PUBLIC COMMENT 
Erin Hegedus stated that she appreciated what Mr. Pebler brought to the neighbors, 
stated that she loves South Phoenix, stated she wants growth, but also wants to keep 
south Phoenix Beautiful, thanked Mr. Pebler for working with the neighborhood, and 
stated that it is a beautiful area and they neighborhood does not want to lose the area.  
ATTACHMENT C

South Mountain Village Planning Committee 
Meeting Summary 
Z-76-23-8 
May 14, 2024 
Page 2 of 8 
 
 
Julie Willcox echoed Ms. Hegedus comments, stated concerns about building height, 
and asked for a stipulation limiting height to one story. Chair Trent Marchuk asked if 
Ms. Willcox was asking for all lots to be stipulated to one story in height, or just the lots 
along the perimeter. Ms. Willcox stated that ideally all lots would be one-story, but at 
minimum along the perimeter.  
 
APPLICANT RESPONSE 
 
Mr. Pebler thanked the neighborhood for their comments, stated that he worked with 
the neighbors for fours months on the project, stated that he could not accept a 
stipulation requiring all lots to be one-story, explained that he added a 103-foot setback 
and removed a row of lots along 23rd Avenue to mitigate impact of the proposed lots on 
the surrounding area, and stated that he would accept a stipulation requiring lots 53 
through 58 to be one-story. Chair Marchuk asked Ms. Willcox if the proposed 
stipulation satisfied her concerns. Ms. Willcox confirmed that the proposed stipulation 
satisfied her concerns.  
 
QUESTIONS FROM THE COMMITTEE 
 
Chair Marchuk stated that questions and comments from the VPC would be taken and 
asked committee members to keep their comments to points of clarification and how 
they would vote. 
 
Committee Member Gene Holmerud asked if all lots would be stipulated to one-story. 
Mr. Pebler explained that he had agreed to limiting lots 53 through 58 to one-story. 
 
Committee Member Petra Falcon asked if the project would be finalized once the case 
goes to City Council. Mr. Pebler stated that only the zoning would be completed and 
explained that they would have to go through the development review process after the 
rezoning process. Mr. Rogers echoed Mr. Pebler’s explanation.  
 
Chair Marchuk stated that the plans are conceptual and explained he would like to add 
a stipulation requiring the plans to come back to VPC through the Planning Hearing 
Officer (PHO) public hearing process. Mr. Rogers confirmed that a stipulation requiring 
plans to be reviewed through the public hearing process would be appropriate. Chair 
Marchuk asked if the VPC had any objection to requiring PHO review of the site plan, 
elevations, and landscape plan. Chair Marchuk asked Mr. Pebler if he would accept a 
stipulation regarding PHO review of the plans. Mr. Pebler explained that he would 
accept the stipulation as long as he was not stuck to the elevation submitted as a part of 
the application and stated that he does not thing elevations should be required to be 
submitted before a development has gone through the rezoning process. Chair Marchuk 
explained the PHO review stipulation.

South Mountain Village Planning Committee 
Meeting Summary 
Z-76-23-8 
May 14, 2024 
Page 3 of 8 
 
Committee Member Holmerud asked about bonus points. Mr. Rogers explained that 
bonus points allow higher density in exchange for the provision of extra open space.  
 
FLOOR/PUBLIC DISCUSSION CLOSED: MOTION, DISCUSSION, AND VOTE 
 
MOTION 
Vice Chair Arthur Greathouse III made a motion to recommend approval of Z-76-23-8 
per the staff recommendation with additional stipulations. Committee Member Gene 
Holmerud seconded the motion.  
 
VOTE 
12-0-1, motion to recommend approval of Z-76-23-8 per the staff recommendation with 
additional stipulations passed with Committee Members Aldama, Beehler, Brooks, 
Busching, Coleman, F. Daniels, T. Daniels, Falcon, Holmerud, Jackson, Viera, and 
Greathouse in favor and Chair Marchuk abstained.  
 
Chair Marchuk explained that he abstained because there was not tie to break. 
 
VPC RECOMMENDED STIPULATIONS: 
 
1. 
The development shall be in general conformance with the site plan date stamped 
April 22, 2024, as modified by the following stipulations and approved by the 
Planning and Development Department with specific regard to the following: 
 
 
 
a.  The development shall be limited to a maximum of 58 lots. 
 
 
 
 
b. Lots 1-17 and 20-32 shall be a minimum of 70 feet in width. All other lots shall 
be a minimum of 65 feet in width. 
 
 
 
 
c. Lot 22 shall be a minimum of 40 feet from the eastern perimeter property line. 
 
 
 
 
d. Lots 15 and 16 shall be a minimum of 60 feet from the eastern perimeter 
property line. 
 
 
2. 
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. 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.

South Mountain Village Planning Committee 
Meeting Summary 
Z-76-23-8 
May 14, 2024 
Page 4 of 8 
 
3. 
A minimum of 10% of the required shrubs, shall be a milkweed or other native nectar 
species, and shall be planted in groups of three or more, as approved by the 
Planning and Development Department. 
 
 
4. 
All lots in the development shall be subject to Single-Family Design Review. 
 
 
5. 
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, or other materials to provide a decorative and aesthetic 
treatment, as approved by the Planning and Development Department. 
 
 
6. 
Fences and walls shall be in general conformance with the wall plan (wall elevations) 
date stamped April 22, 2024, as modified by the following stipulations, and approved 
by the Planning and Development Department: 
 
 
 
 
a. Perimeter fencing shall be a minimum of 75% view fencing, except on Lots 23 
through 32. 
 
 
 
 
b. Perimeter walls bounding the rear or side yard property lines of residential lots 
along 23rd Avenue and Dobbins Road shall include minimum three-foot offsets, 
and material and textural differences, such as stucco, and/or split face or slump 
block or a decorative element, such as tile or stamped designs, as approved by 
the Planning and Development Department. 
 
 
7. 
A landscaped median of no less than 5 feet in width shall be provided within the 
primary access drive to the development and landscaped with a mix of ornamental 
trees and shrubs, as approved by the Planning and Development Department.  
 
 
8. 
Only landscape materials listed in the Phoenix Active Management Area Low-Water-
Use/Drought-Tolerant Plant List shall be utilized throughout the subdivision including 
common areas and front yards of individual residential lots. This restriction shall be 
included in the Covenants, Conditions, and Restrictions for the subdivision. 
 
 
9. 
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. 
 
 
10. All sidewalks along 23rd Avenue shall be a minimum of 5 feet in width and detached 
with a minimum 5-foot-wide landscape strip located between the sidewalk and back 
of curb and planted with minimum 2-inch caliper, single-trunk, large canopy, drought-
tolerant, shade trees planted 20 feet on center, or in equivalent groupings, that 
provide shade to a minimum 50%, as approved by the Planning and Development 
Department.

South Mountain Village Planning Committee 
Meeting Summary 
Z-76-23-8 
May 14, 2024 
Page 5 of 8 
 
 
 
 
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. 
 
 
11. All sidewalks along Dobbins Road shall be a minimum of 5 feet in width and 
detached with a minimum 8-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, that provide shade to 
a minimum 50%. 
 
 
 
 
b. 
Drought tolerant vegetation to achieve a minimum of 75% 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 for installing the required plants. 
 
 
12. All sidewalks within the development shall be detached with a minimum 5-foot wide 
landscape strip located between the sidewalk and back of curb and shall include 
minimum 2-inch caliper, single trunk, shade trees planted at a minimum rate of two 
trees per lot, or a minimum of 20 feet on center, or equivalent groupings, as modified 
and approved by the Planning and Development Department. Where utility conflicts 
exist, the developer shall work with the Planning and Development Department on 
alternative design solutions consistent with a pedestrian environment. 
 
 
13. A 30-foot-wide multi-use trail easement (MUTE) shall be dedicated along the east 
side of 23rd Avenue, along the west side of the property. A minimum 10-foot-wide 
multi-use trail (MUT) shall be constructed within the easement in accordance with the 
MAG supplemental detail and as approved or modified by the Planning and 
Development Department. 
 
 
14. A 30-foot-wide multi-use trail easement (MUTE) shall be dedicated along the north 
side of Dobbins Road, along the south side of the property. A minimum 10-foot-wide 
multi-use trail (MUT) shall be constructed within the easement in accordance with the 
MAG supplemental detail and as approved or modified by the Planning and 
Development Department. 
 
 
15. A minimum 45-feet of right-of-way shall be dedicated for the north side of Dobbins 
Road, to be measured from the existing southern property line, adjacent to the 
development.

South Mountain Village Planning Committee 
Meeting Summary 
Z-76-23-8 
May 14, 2024 
Page 6 of 8 
 
16. A minimum 30-feet of right-of-way shall be dedicated for the east side of 23rd 
Avenue, adjacent to the development. 
 
 
17. A pedestrian pathway shall be provided on the southern and western site boundary 
to allow for direct pedestrian access to the adjacent multi-use trails.  The developer 
shall construct an 8-foot-wide shaded pedestrian pathway consisting of decorative 
material such as brick, pavers or alternative material treatment, as approved by the 
Planning and Development Department. 
 
 
18. The developer shall submit an engineer sealed Sight Visibility Analysis in 
accordance with AASHTO guidelines for departure sight distance at the proposed 
access points along Dobbins Road to the City. No preliminary approval of plans shall 
be granted until the study has been reviewed and proposed access is approved by 
the Street Transportation Department. 
 
 
19. A Traffic Impact Study (TIS) shall be submitted to the City for this development. No 
preliminary approval of plans shall be granted until the study is reviewed and 
approved by the Street Transportation Department. The TIS shall include signal 
warrant analysis for 23rd Avenue and Dobbins Road. If the approved TIS determines 
that a signal is warranted at this intersection, the developer shall be required to fund 
100% of the cost and construct the signal, if the TIS does not warrant the signal, the 
developer shall be required contribute, 25% of traffic signal cost in an escrow 
account to the Street Transportation Department. If the signal is installed by others, 
the development shall be responsible for 100% of the cost for signal relocation 
and/or modifications. 
 
 
20. Conduit and junction boxes shall be provided at the northeast corner of the 23rd 
Avenue and Dobbins Road intersection for future traffic signal equipment.   
 
 
21. All existing electrical utilities within the public right-of-way shall be undergrounded, 
adjacent to the development. The developer shall coordinate with the affected utility 
companies for their review and permitting. 
 
 
22. Existing SRP facilities along Dobbins Road are to be relocated outside of City right-
of-way. Contact SRP to identify existing land rights and establish the appropriate 
process to relocate the facility. Relocations that require additional dedications or land 
transfer require completion prior to obtaining plat and/or civil plan review approval. 
 
 
23. Replace unused driveways with sidewalk, curb, and gutter. Also, replace any broken 
or out-of-grade curb, gutter, sidewalk, and curb ramps on all streets and upgrade all 
off-site improvements to be in compliance with current ADA guidelines. 
 
 
24. All streets within and adjacent to the development shall be constructed with paving, 
curb, gutter, sidewalk, curb ramps, streetlights, median islands, landscaping and

South Mountain Village Planning Committee 
Meeting Summary 
Z-76-23-8 
May 14, 2024 
Page 7 of 8 
 
other incidentals, as per plans approved by the Planning and Development 
Department. All improvements shall comply with all ADA accessibility standards 
 
 
25. The property owner shall record documents that disclose 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. 
 
 
26. In the event archeological 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 Archeologist, and allow time for the 
Archeology Office to properly assess the materials. 
 
 
27. Prior to final site plan approval, the property owner shall record documents that 
disclose to purchasers of property within the development the existence and 
operational characteristics of agricultural uses. These documents must advise 
purchasers that, under Section 3-112(E), Arizona Revised Statutes, the City of 
Phoenix may not declare an agricultural operation conducted on farmland to be a 
nuisance if the agricultural use is lawful, customary, reasonable, safe and necessary 
to the agriculture industry. The form and content of such documents shall be 
reviewed and approved by the City prior to recordation. 
 
 
28. Prior to final site plan approval, the property owner shall record documents that 
disclose to purchasers of property within the development the existence and 
operational characteristics of the Phoenix Regional Police Academy gun range. The 
form and content of such documents shall be reviewed by the City prior to 
recordation. 
 
 
29. Prior to final site plan approval, the landowner shall execute a Proposition 207 
Waiver of Claims forms. 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. 
 
 
30. THE CONCEPTUAL SITE PLAN, ELEVATIONS, AND LANDSCAPE PLAN FOR 
FUTURE DEVELOPMENT OF THE SITE SHALL BE REVIEWED AND APPROVED 
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.

South Mountain Village Planning Committee 
Meeting Summary 
Z-76-23-8 
May 14, 2024 
Page 8 of 8 
 
31. LOTS 53 THROUGH 58 SHALL BE LIMITED TO ONE-STORY OR 25 FEET. 
 
 
 
STAFF COMMENTS REGARDING VPC RECOMMENDATION: 
 
Staff recommends Stipulation No. 30 be modified to eliminate the site plan from the list 
of plans being reviewed by the Planning Hearing Officer (PHO). Stipulation No. 1 
requires the site to be developed in general conformance to the site plan and additional 
review by the PHO is duplicative. Staff recommends Stipulation No. 30 be modified so 
that the elevations and landscape plan are reviewed by the PHO prior to final site plan 
approval rather than preliminary site plan approval, to be consistent with development 
review timelines for single-family residential subdivisions. Staff recommends Stipulation 
No. 31 be added as Stipulation No. 1.e.