Attachment C - PHO Summary - PHO-1-25--Z-62-23-2.pdf

City of Phoenix — Formal (2025-04-23)

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REPORT OF PLANNING HEARING OFFICER ACTION 
Byron Easton, Planner III, Hearing Officer  
Teresa Garcia, Planner I, Assisting  
March 19, 2025 
ITEM NO: 3 
DISTRICT NO. 2 
SUBJECT: 
Application #: 
PHO-1-25--Z-62-23-2 
Location: 
Northeast corner of 14th Street and Wahalla Lane 
Zoning: 
R-2
Acreage: 
3.88 
Request: 
1)
Request to modify Stipulation 1 regarding general
conformance to the site plan date stamped September
13, 2023.
2)
Request to modify Stipulation 7 regarding shade along
pedestrian walkways and sidewalks.
3)
Request to delete Stipulation 8 regarding the
uncovered surface parking lot.
4)
Request to delete Stipulation 9 regarding bicycle
infrastructure.
5)
Request to modify Stipulation 10 regarding EV Ready
garages.
Applicant: 
Chris Brown, Residential Pursuits Investments LLC 
Owner: 
HOH Land, LLC 
Representative: 
William Allison, Withey Morris Baugh, PLC 
ACTIONS: 
Planning Hearing Officer Recommendation: The Planning Hearing Officer 
recommended approval with a modification. 
Village Planning Committee (VPC) Recommendation: The Deer Valley Village 
Planning Committee heard this request on March 18, 2025 and recommended 
approval by a vote of 8-0. 
DISCUSSION: 
William Allison, representative of Withey Morris Baugh PLC, 2525 East Arizona 
Circle Avenue, gave an overview of the site and the original rezoning case. He 
stated the applicant is requesting to build single family detached homes instead 
ATTACHMENT C

Planning Hearing Officer Summary of March 19, 2025 
Application PHO-1-25--Z-62-23-2 
Page 2 
 
of attached multi-family townhomes originally proposed in the rezoning case. He 
gave an overview of the proposed development and his modification requests. 
Byron Easton, Planning Hearing Officer, asked Mr. Allison if he received 
development comments regarding bike parking in the amenity areas during his 
pre-application meeting. 
 
Mr. Allison said it was not addressed. 
 
Mr. Easton recommended approval with a modification to the modification of 
Stipulation 1 regarding general conformance to the site plan, adding updated 
general conformance language. He recommended approval to the modification of 
Stipulation 7 regarding shade along pedestrian walkways and sidewalks as the 
shade study provided determined 65% of shade can be provided for the site. He 
recommended approval of the deletion of Stipulation 8 regarding the uncovered 
surface parking lot since there is no uncovered parking lot planned for site. He 
recommended approval of the deletion of Stipulation 9 regarding bicycle 
infrastructure as it is not a requirement for single-family development of this size. 
He recommended approval to the modification of Stipulation 10 regarding EV 
Ready garages as the applicant is providing garages with wiring for EV. He 
recommended approval with a modification. 
 
FINDINGS: 
 
1) The request to modify Stipulation 1 regarding general conformance to the 
site plan is recommended to be approved with a modification to 
incorporate updated language and the date stamp of the latest submitted 
site plan.  The new site plan necessitates an update to this stipulation.  
The new development is less intense in scale and intensity than the 
stipulated plan demonstrates.   
 
2) The request to modify Stipulation 7 regarding shading along pedestrian 
walkways and sidewalks is recommended to be approved.  A shade study 
provided by the applicant indicates a maximum of 65% shade can be 
provided. 
 
3) The request to delete Stipulation 8 regarding the uncovered surface 
parking lot is recommended to be approved.  There is no uncovered 
parking lot currently planned for the site. 
 
4) The request to delete Stipulation 9 regarding bicycle infrastructure is 
recommended to be approved.  Bicycle infrastructure is not a requirement 
for a Single-Family Residential development of this size. 
 
5) The request to modify Stipulation 10 regarding EV Ready garages is 
recommended to be approved. The applicant is providing garages that are 
equipped with wiring to support EV charging.

Planning Hearing Officer Summary of March 19, 2025 
Application PHO-1-25--Z-62-23-2 
Page 3 
 
 
 
 
STIPULATIONS: 
 
1. 
The development shall be in general conformance with the site plan date 
stamped JANUARY 30, 2025 September 13, 2023, as modified by the 
following stipulations and approved by the Planning and Development 
Department. 
 
 
2. 
Maximum building height shall be 30 feet. 
 
 
3. 
All required landscape setbacks shall be planted with minimum 2-inch 
caliper large canopy, drought tolerant shade trees, planted 20 feet on 
center or in equivalent groupings, as approved by the Planning and 
Development Department. 
 
 
4. 
Landscape areas and retention areas shall be plated with minimum 2-inch 
caliper large canopy drought-tolerant shade trees planted 20 feet on 
center or inequivalent groupings, as approved by the Planning and 
Development Department. 
 
 
5. 
The vehicular entrances to the development shall include the following 
elements, as approved by the Planning and Development Department: 
 
 
 
a. 
Pedestrian pathways connecting the interior of the development to 
the public sidewalks along both sides of the vehicular driveway. 
 
 
 
b. 
The entry driveway surface shall be constructed of decorative pavers, 
stamped or colored concrete, or another material, other than those 
used to pave the parking surfaces, as approved by the Planning and 
Development Department. 
 
 
6. 
Where pedestrian walkways cross a vehicular path, the pathway shall be 
constructed of decorative pavers, stamped or colored concrete, or other 
pavement treatments that visually contrast parking and drive aisle 
surfaces, as approved by the Planning and Development Department. 
 
 
7. 
All pedestrian walkways, including sidewalks, shall be shaded by a 
structure, landscaping at maturity, or a combination of the two to provide a 
minimum 6575% shade, as approved by the Planning and Development 
Department. 
 
 
8. 
All uncovered surface parking lot area shall be landscaped with minimum 
2-inch caliper size large canopy drought tolerant shade trees. Landscaping

Planning Hearing Officer Summary of March 19, 2025 
Application PHO-1-25--Z-62-23-2 
Page 4 
 
shall be dispersed throughout the parking area and achieve 25% shade at 
maturity, as approved by the Planning and Development Department. 
 
 
9. 
The development shall incorporate bicycle infrastructure as described 
below and approved by the Planning and Development Department. 
 
 
 
a. 
Bicycle parking spaces shall be provided through Inverted U and/or 
artistic racks located near the amenity area and installed per the 
requirements of Section 1307.H. of the Phoenix Zoning Ordinance. 
Artistic racks shall adhere to the City of Phoenix Preferred Designs in 
Appendix K of the Comprehensive Bicycle Master Plan. 
 
 
 
b. 
Guest bicycle parking shall be provided at a minimum rate of 0.05 
spaces per unit, up to a maximum of 50 spaces, located near building 
entrances and within amenity areas. 
 
 
 
c. 
All bicycle infrastructure shall be shaded by a structure, landscaping 
at maturity, or a combination of the two to provide minimum 75% 
shade, as approved by the Planning and Development Department. 
 
 
 
d. 
A bicycle repair station (“fix it station”) shall be provided and 
maintained on site within an amenity area or near a primary site 
entrance. The bicycle repair station (“fix it station”) shall be provided 
in an area of high visibility and separated from vehicular maneuvering 
areas, where applicable. The repair station shall include, but not be 
limited to standard repair tools affixed to the station, a tire gauge and 
pump affixed to the base of the station or the ground, and a bicycle 
repair stand which allows pedals and wheels to spin freely while 
making adjustments to the bike. 
 
 
 
e. 
A minimum of 10% of the required bicycle parking spaces shall 
include standard electrical receptacles for electric bicycle charging 
capabilities, as approved by the Planning and Development 
Department. 
 
 
8. 
10. 
EACH GARAGE IN THE DEVELOPMENT SHALL BE EV READY.  A 
minimum of 10% of the required parking spaces shall be EV Ready and a 
minimum of 20% shall be EV Capable. 
 
 
9. 
11. 
The property owner shall record documents that disclose to prospective 
purchasers of property within the developments the existence of noise 
from the SR 101 Freeway. The form and content of such documents shall 
be reviewed and approved by the City prior to recordation. 
 
 
10. 
Prior to final site plan approval, the developer shall provide a qualified

Planning Hearing Officer Summary of March 19, 2025 
Application PHO-1-25--Z-62-23-2 
Page 5 
 
12. 
engineer’s report certifying the average annual interior noise exposure for 
any residential unit or enclosed public assembly area will not exceed 45 
decibels, as approved by the Planning and Development Department. 
 
 
11. 
13. 
A noise wall shall be provided along or near the north property line, as 
approved by the Arizona Department of Transportation and the Planning 
and Development Department. 
 
 
12. 
14. 
A Red Border Letter shall be submitted to ADOT for this development prior 
to preliminary site plan approval. 
 
 
13. 
15. 
Complete dedications and construct knuckle design along at the terminus 
of 14th Street, as approved by the Street Transportation Department. 
 
 
14. 
16. 
The developer shall construct all streets within and adjacent to the 
development 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. 
 
 
15. 
17. 
The property owner shall record documents that disclose the existence, 
and operational characteristics of Deer Valley 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. 
 
 
16. 
18. 
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. 
 
 
17. 
19. 
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. 
 
 
18. 
20. 
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. 
 
 
19. 
21. 
Prior to preliminary site plan approval, the landowner shall execute a 
Proposition 207 waiver of claims form. The waiver shall be recorded with

Planning Hearing Officer Summary of March 19, 2025 
Application PHO-1-25--Z-62-23-2 
Page 6 
 
the Maricopa County Recorder’s Office and delivered to the City to be 
included in the rezoning application file for record. 
 
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 Saneeya Mir 
at saneeya.mir@phoenix.gov or (602) 686-6461 or TTY: 7-1-1.