Attachment E - PC Summary-June - PHO-1-19--Z-165-05-6-8.pdf

City of Phoenix — Formal (2020-06-24)

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REPORT OF PLANNING COMMISSION ACTION 
June 4, 2020 
ITEM NO: 18 
DISTRICT NO.: 8
SUBJECT: 
Application #: 
PHO-1-19--Z-165-06-7(8)
Location: 
Northwest corner of 35th Avenue and Carver Road 
Request: 

Modification of Stipulation No. 1 regarding general
conformance to the site plan date stamped October 8, 2007
and elevations date stamped February 20, 2007

Modification of Stipulation No. 7 regarding the landscape
setback adjacent to 35th Avenue

Deletion of Stipulation No. 19 regarding conditional
development approval

Modification of Stipulation No. 27 regarding height of
terraced berms along the quarry cut slope base

Modification of Stipulation No. 31 regarding raised, vertical
curbs within the R1-18 portion of the site

Modification of Stipulation No. 37 regarding detached
sidewalks and landscape strips within the R1-8 portion of the
site

Deletion of Stipulation No. 39 regarding one-story homes
along 35th Avenue

Technical corrections to Stipulation Nos. 4, 5, 6, 8, 9, 15, 18,
20, 21, 22, 23, 24, 25, 26, 28, 29, 30, 33, 34, 36, 38 and 40
Acreage:  
59.48 
Applicant: 
Jennifer Hall, Rose Law Group
Owner: 
Virtua 35th, LLC
Representative: Tom Galvin, Rose Law Group
ACTIONS: 
Staff Recommendation: Denial as filed and approval with modifications and additional 
stipulations as recommended by the Planning Hearing Officer. 
Village Planning Committee (VPC) Recommendation: 
Laveen 1/13/2020 Denial. Vote: 11-0. 
The Laveen Village Planning Committee motion also included a request that the 
Planning Hearing Officer recommend to the Planning Commission to initiate a zoning 
reversion for the site. 
Planning Hearing Officer Recommendation:  
January 15, 2020 The Planning Hearing Officer took this case under advisement.  
February 13, 2020 The Planning Hearing Officer took this case out from under 
advisement and recommended denial as filed and approval with modifications and 
additional stipulations. 
Attachment E

Planning Commission Recommendation: Approval, per staff memo dated June 4, 2020 
with a modified stipulation and direction for the applicant to modify the application prior 
to the City Council meeting. 
 
Motion Discussion: N/A 
 
Motion details: Commissioner Busching made a MOTION to approve PHO-1-19--Z-165-
06-7(8), per staff memo dated June 4, 2020 with a modification to Stipulation No. 6 to 
reduce the useable open space from 12% to 8% and direction for the applicant to modify 
the application prior to the City Council meeting to modify Stipulation No. 5 to reflect the 
number of lots on the site plan. 
 
Maker: Busching 
Second: Shank 
 
Vote: 8-0 
 
Absent: Howard 
  
Opposition Present: Yes 
 
Findings: 
 
1. 
The subject property of this request includes the entire 59 acres that comprised 
the original rezoning case. However, the applicant only submitted plans 
addressing the approximately 19.4 acres of R1-8 zoned property on the 
eastern portion of the site, adjacent to 35th Avenue. Modifications are 
recommended to the applicant’s request to ensure that the existing stipulations 
on the approximately 39.6 acres of R1-18 zoned property on the western 
portion of the site are not modified or deleted. Additionally, the applicant did not 
submit elevations with the request. The original stipulations included a general 
conformance requirement for building elevations. A modification is 
recommended to the applicant’s request to require a future Planning Hearing 
Officer application for review of conceptual building elevations. 
 
 
2. 
The stipulated site plan depicted 99 detached single-family units arranged in 
clusters of two and four, oriented towards common courtyards. There are also 
seven free-standing units depicted at the northwest corner of the site partially 
in the hillside-designated area. The proposed conceptual site plan depicts 92 
units in a similar cluster-style arrangement. However, the units have been 
shifted east on the property, reducing the total massing of development in the 
designated hillside areas. Additionally, the homes are not oriented towards 
courtyards and instead include larger private driveways in the front yards.  
There is more open space preserved in the hillside area in the northwest 
portion of the site. There is also more open space adjacent to the private 
accessways (Tract “A”) which separates the homes from the streets. Because 
the homes are closer to 35th Avenue, there is less open space provided along 
the east property line. See Finding #3 for a more detailed description of the 
recommendation for minimum open space and Finding #4 regarding the 
landscape setback on 35th Avenue.
 
 
3. 
An additional stipulation is recommended to require the developer provide a 
minimum of 26% open space, of which a minimum of 12% shall be usable 
open space. The conceptual site plan depicts 40.47% open space. However,

there is no open space exhibit and the applicant indicated that a recalculation 
was necessary to adequately represent provided open space in the hillside 
area, setbacks, and other locations. The provision of 26% open space is 
compatible with the rural character of the surrounding area, consistent with 
other recent zoning actions in the Village, and significantly exceeds existing 
Ordinance standards. 
 
 
4. 
The proposed reduction of the landscape setback on 35th Avenue from 235 
feet (average) to minimum 100 feet accommodates the relocation of some 
residential units out of the designated hillside areas, consistent with the City 
approved slope analysis. The preservation of the hillside area will contribute to 
the rural character of the site and maintain this unique natural feature of the 
property. See Finding #9 regarding the restoration of the disturbed area on the 
abandoned gravel mine that occupies a portion of the remainder of the site.
 
 
5. 
Approximately 2,300 feet to the east of the subject property are the Hangar 
Hacienda Units One, Two, and Three subdivisions. These properties are in 
Maricopa County jurisdiction. These communities are oriented around an air 
strip utilized by residents who own private aircraft. Based on comments from a 
resident in this community, the typical flight path runs directly over the subject 
property of this request. An additional stipulation is recommended regarding 
notification of the aviation uses on these properties for future residents. 
 
 
6. 
The subject property is archaeologically sensitive. Three additional stipulations 
are recommended which outline the City’s requirements regarding data testing, 
data recovery, and archaeological assessments and survey.
 
 
7. 
The public right-of-way along 35th Avenue and a small portion along Carver 
Road is in Maricopa County Department of Transportation (MCDOT) 
jurisdiction. There is also an active drainage project along the roadway. 
Therefore, additional stipulations are recommended to acknowledge that 
MCDOT shall determine the final width and dedications needed for the portion 
of right-of-way adjacent to the subject property. City of Phoenix Street 
Transportation staff noted that in discussions with MCDOT staff, MCDOT does 
not have immediate concerns regarding the location of proposed retention 
areas shown on the conceptual site plan in regard to the drainage project. 
 
 
8. 
Original Stipulation 19 states that approval shall be conditioned upon the 
development commencing within 48 months of the City Council approval. For 
properties with similar stipulations, the Planning and Development Department 
has required that a Planning Hearing Officer (PHO) action be pursued to 
modify or delete these conditions at the time that development is proposed, if 
the proposed development has exceeded the timeframe identified in the 
stipulation. The applicant is pursuing this process through their request for 
deletion of the stipulation. The modification or deletion of this stipulation 
through a PHO action is unrelated to the zoning reversion process which is a 
separate public hearing process that is described in Section 506 of the Zoning 
Ordinance. 
 
The applicant’s request for deletion of original Stipulation 19 is recommended 
for approval. The current proposal is consistent with the City Council’s original

intent to see the subject property redevelop with a single-family residential land 
use in the R1-8 zoning district. Additionally, the request is consistent with City 
Council approved General Plan Amendment GPA-LV-1-08-7, which 
established a Residential 3.5 to 5 dwelling units per gross acre land use 
designation on the approximately 19.35 acres that comprises the R1-8 zoned 
portion of the property. Both the proposed conceptual site plan, as modified by 
this recommendation, and the existing R1-8 zoning designation are consistent 
with this land use designation.
 
 
9. 
Original Stipulation #27, requiring terraced berms planted with deciduous trees, 
may result in an environment that contrasts with the natural landscape of the 
existing hillside in the surrounding area. The stipulated terraced berm 
configuration is not consistent with the irregular natural landscape of the 
existing hillside in the surrounding area and there are no deciduous trees on 
hillside locations in the immediate vicinity. Proposals for fill are commonly 
intended to continue and promote a natural slope line, rather than creating 
terracing and other unnatural finishes. 
 
There are a variety of alternatives to the stipulated requirement for terraced 
berms that may be considered for the site that would result in a more natural 
aesthetic to the restored hillside. These include chemical treatments and 
coloration to remove or camouflage scarring, hydroseeding of the slope to 
provide a mixture of natural grasses and plants which may also stabilize the 
slope, and roughening the cut or restored slope to integrate pockets for 
additional native landscaping. 
 
Modified stipulation language is recommended to allow the applicant to work 
with City staff on an alternative approach to restoring the quarry cut slope base 
to promote a more natural landscape along the hillside.
 
 
10. 
The provision of detached sidewalks is consistent with numerous City policy 
plans. The Tree and Shade Master Plan has a goal of treating the urban forest 
as infrastructure to ensure that trees are an integral part of the City’s planning 
and development process. Additionally, the City Council adopted Guiding 
Principles for Complete Streets seeks to make Phoenix more walkable by 
promoting a safe and inviting pedestrian environment that encourages 
walkability and thermal comfort. These principles are also expressed and 
expanded upon throughout the 2015 General Plan. 
 
Therefore, the applicant’s request to delete this requirement and instead 
stipulate a 5-foot sidewalk width is recommended for denial. However, the 
street layout on the proposed conceptual site plan may require the utilization of 
both private drives (between units) and private accessways (Tract “A”). There 
are different technical requirements and cross sections for these street types 
and it may be difficult to integrate detached sidewalks along both sides of 
private drives.   
 
A modification of the applicant’s request is recommended to require that 
detached sidewalks shall be provided, as originally stipulated, along all streets 
that are developed as public streets or private accessways.

11. 
The Street Transportation Department noted that both original Stipulation 31 
and the applicant’s proposed modified language may create conflicts if the 
development is to include both attached and detached sidewalks. The City of 
Phoenix standard detail for detached sidewalks along private accessways 
requires vertical curbs. Attached sidewalks may be permitted to provide rolled 
curbs. Deletion of the stipulation will allow the appropriate detail to be utilized 
based on the final configuration of sidewalks at appropriate locations 
throughout the development.
 
 
12. 
Original Stipulation 39 required that homes along 35th Avenue would be limited 
to one-story. The stipulation did not specify a maximum building height.  
Additionally, it is unclear whether the stipulation was intended to apply to the 
individual units located closest to 35th Avenue or the entire clusters. The 
original stipulation may permit a variety of building heights and locations for 
height-restricted lots. 
 
However, the intent of the stipulation was to mitigate the impacts of building 
height for units closest to 35th Avenue and would have impacted homes at 
approximately 235 feet (the stipulated average setback in original Stipulation 
7).  This remains a valid concern and consistent with the design of other recent 
projects in the Village. Therefore, the applicant’s request for deletion of this 
stipulation is recommended for denial. An alternative stipulation is proposed 
that limits maximum building height to 20 feet for the 12 lots that are located 
within approximately 235 feet of 35th Avenue. This recommendation is 
intended to clarify the limitation on building height and identify the specific lots 
impacted. 
 
Stipulations: 
 
General 
 
 
1. 
That development shall be in general conformance with the site plan date 
stamped October 8, 2007, and elevations date stamped February 20, 2007, as 
modified by the following stipulations, and as approved by the Development 
Services Department. 
 
 
1. 
THE R1-8 DEVELOPMENT SHALL BE IN GENERAL CONFORMANCE WITH 
THE SITE PLAN DATE STAMPED NOVEMBER 21, 2019 MAY 26, 2020, AS 
MODIFIED BY THE FOLLOWING STIPULATIONS AND APPROVED BY THE 
PLANNING AND DEVELOPMENT DEPARTMENT, AND WITH SPECIFIC 
REGARD TO THE FOLLOWING: 
 
 
 
 
A. 
THE DEVELOPER SHALL PROVIDE A PRIMARY ROADWAY FROM 
35TH AVENUE EXTENDED TO THE WESTERN PROPERTY 
BOUNDARY, AS APPROVED BY THE PLANNING AND 
DEVELOPMENT DEPARTMENT.
 
 
 
 
B. 
THE PRIMARY ROADWAY CONNECTING 35TH AVENUE TO THE 
WESTERN EDGE OF THE PROPERTY LINE SHALL TERMINATE AS 
A STUB STREET TO THE ADJACENT UNDEVELOPED LAND TO

THE WEST TO PROVIDE FOR A FUTURE VEHICULAR 
CONNECTION. 
 
 
 
2. 
CONCEPTUAL ELEVATIONS FOR THE R1-8 DEVELOPMENT SHALL BE 
REVIEWED AND APPROVED BY THE PLANNING HEARING OFFICER 
THROUGH THE PUBLIC HEARING PROCESS FOR STIPULATION 
MODIFICATION PRIOR TO PRELIMINARY SITE PLAN APPROVAL.  THIS IS 
A LEGISLATIVE REVIEW FOR CONCEPTUAL PURPOSES ONLY. SPECIFIC 
DEVELOPMENT STANDARDS AND REQUIREMENTS MAY BE 
DETERMINED BY THE PLANNING HEARING OFFICER AND THE 
PLANNING AND DEVELOPMENT DEPARTMENT.
 
 
3. 
THE R1-18 DEVELOPMENT SHALL BE IN GENERAL CONFORMANCE 
WITH THE SITE PLAN DATE STAMPED OCTOBER 8, 2007, AND 
ELEVATIONS DATE STAMPED FEBRUARY 20, 2007, AS MODIFIED BY 
THE FOLLOWING STIPULATIONS AND APPROVED BY THE PLANNING 
AND DEVELOPMENT DEPARTMENT.
 
 
2. 4. 
That dDevelopment of the R1-18 portion of the site shall not exceed 22 lots.
 
 
 
3. 5. 
That dDevelopment of the R1-8 portion of the site shall not exceed a density of 
99 lots.  
 
 
6. 
THE R1-8 DEVELOPMENT SHALL PROVIDE A MINIMUM OF 26% OPEN 
SPACE, OF WHICH A MINIMUM OF 12 8% SHALL BE USABLE OPEN 
SPACE, AS APPROVED OR MODIFIED BY THE PLANNING AND 
DEVELOPMENT DEPARTMENT.
 
 
Site Design 
 
 
4. 7. 
That uUnobstructed pedestrian access (for the purpose of private pedestrian 
connectivity internal to the site) between the R1-18 and R1-8 portions of the 
site shall be provided, as approved by the PLANNING AND Development 
Services Department.  
 
 
5. 8. 
That nNo solid wall in excess of three feet in height as measured from the 
finished grade, shall be located on the site (either in private lots or common 
tracts) except that solid walls greater than three feet in height shall be allowed 
for the following purposes, as approved by the PLANNING AND Development 
Services Department. 
 
 
 
a. 
Walls utilized to screen utilities, trash enclosures, or other facilities 
generally considered to be visually obtrusive. 
 
 
 
 
b. 
Retaining wall.  
 
 
 
6. 9. 
That nNo more than 60,000 square feet of natural turf area shall be located 
within the common areas of the R1-8 portion of the site (this requirement does 
not apply to synthetic turf); if provided, common area natural turf should be 
centrally located and grouped so as to create one contiguous natural turf

recreation area, as approved by the PLANNING AND Development Services 
Department. 
 
 
7. 
10. 
That a 235-foot (average), 200-foot (minimum) THE DEVELOPMENT SHALL 
PROVIDE A MINIMUM 100 FOOT landscaped setback ALONG THE EAST 
PROPERTY LINE adjacent to 35th Avenue shall be provided, as approved by 
the PLANNING AND Development Services Department.
 
 
8. 
11. 
 
That a A 50-foot (minimum) landscaped setback adjacent to Carver Road (final 
alignment) shall be provided, as approved by the PLANNING AND 
Development Services Department.
 
 
9. 
12. 
That tThose portions of spider and jeep trails which are not part of the 
approved grading envelopes, access drives, or other necessary site 
disturbance related to the proposed development of the R1-8 portion of the site 
shall be re-vegetated in a manner consistent with adjacent undisturbed 
vegetation, as approved by the PLANNING AND Development Services 
Department.   
 
 
Disclosures 
 
 
10. 
13. 
 
That pPrior to final site plan approval, the property owner shall record 
documents that disclose to tenants of the site or purchasers of property within 
the site, the existence, proximity, and operational characteristics of active 
agricultural uses and non-domesticated animal keeping. 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. 
 
 
14. 
THAT PRIOR TO FINAL SITE PLAN APPROVAL, THE PROPERTY OWNER 
SHALL RECORD DOCUMENTS THAT DISCLOSE TO TENANTS OF THE 
SITE OR PURCHASERS OF PROPERTY WITHIN THE SITE, THE 
EXISTENCE, PROXIMITY, AND OPERATIONAL CHARACTERISTICS OF 
ACTIVE AVIATION USES IN THE HANGAR HACIENDAS UNITS ONE, TWO, 
AND THREE SUBDIVISIONS LOCATED APPROXIMATELY 2,300 FEET TO 
THE EAST OF THE SUBJECT PROPERTY IN MARICOPA COUNTY. 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.
 
 
Parks and Recreation 
 
 
11. 
15. 
 
That tThe developer shall dedicate a multi-use trail easement and construct a 
multi-use trail, per adopted standards, along the north side of Carver Road, as 
approved by the Parks and Recreation Department.
 
 
Archaeology 
 
 
12. 
16. 
 
That tThe applicant shall complete an archaeological survey report of the 
development area for review and approval by the City Archaeologist prior to 
clearing and grubbing, landscape salvage, or grading.

17. 
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.
 
 
18. 
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.
 
 
19. 
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. 
 
 
Street Transportation 
 
 
13. 
20. 
 
That rRight-of-way totaling 55 feet shall be dedicated for the west half of 35th 
Avenue, as approved by the Street Transportation Department. 35th Avenue 
shall be constructed using rural streets standards similar to Dobbins Road, as 
approved by the Street Transportation Department.
 
 
14. 
21. 
 
That rRight-of-way totaling 55 feet shall be dedicated for the west half of 
Carver Road, as approved by the Street Transportation Department. Carver 
Road shall be constructed using rural streets standards similar to Dobbins 
Road, as approved by the Street Transportation Department.
 
 
22. 
THE DEVELOPER SHALL DEDICATE RIGHT-OF-WAY FOR 35TH AVENUE 
AS DETERMINED BY THE MARICOPA COUNTY DEPARTMENT OF 
TRANSPORTATION (MCDOT) AND AS APPROVED BY THE PLANNING 
AND DEVELOPMENT DEPARTMENT.
 
 
23. 
THE DEVELOPER SHALL DEDICATE RIGHT-OF-WAY FOR CARVER ROAD 
AS DETERMINED BY THE MARICOPA COUNTY DEPARTMENT OF 
TRANSPORTATION (MCDOT) AND AS APPROVED BY THE PLANNING 
AND DEVELOPMENT DEPARTMENT.
 
 
15. 
24. 
 
That aA traffic impact study shall be submitted to, and approved by, the Street 
Transportation Department prior to PLANNING AND Development Services 
Department preliminary site plan approval. That all right-of-way dedications 
and associated infrastructure improvements as recommended by the traffic 
impact study shall be installed by the developer, as approved by the 
PLANNING AND Development Services Department.

16. 
25. 
 
That tThe 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 modified by these 
stipulations, and as approved by the Street Transportation Department. All 
improvements shall comply with all AmericanS with Disabilities Act accessibility 
standards. 
 
 
17. 
26. 
 
That tThe applicant shall complete and submit the Developer Project 
Information Form for the Maricopa Association of Governments Transportation 
Improvement Program. This form is a requirement of the Environmental 
Protection Agency to meet clean air quality requirements.
 
 
18. 
27. 
 
That pPrior to preliminary site plan approval, the landowner shall execute a 
Proposition 207 waiver of claims utilizing the provided template. The waiver 
shall be recorded with the Maricopa County Recorder’s Office and a copy shall 
be provided to the PLANNING AND Development Services Department for the 
case files. 
 
 
19. 
That approval shall be conditional upon the development commencing within 
48 months of the City Council approval of this change of zoning in accordance 
with Section 506.B.1 of the Zoning Ordinance. For purposes of this stipulation, 
development shall commence with the issuance of building permits and 
erection of the building walls on site.
 
 
Neighborhood 
 
 
20. 
28. 
 
That bBuilding pad cuts shall be terraced if more than 6 feet in height and 
treated with a stain, gunnite, or equivalent finish, as approved by the 
PLANNING AND Development Services Department.
 
 
21. 
29. 
 
That aAll two story homes, within the R1-18 portion of the site, shall be 
designed in a manner such that the square footage of the second story floor 
area does not exceed 66 percent of the first story floor area does not exceed 
66 percent of the first story floor area, as approved by the PLANNING AND 
Development Services Department.
 
 
22. 
30. 
 
That cConcrete channels shall be designed to look natural in the desert setting 
through color, texture, landscaping, or other means, as approved by the 
PLANNING AND Development Services Department. 
 
 
23. 
31. 
 
That tThe use of riprap and engineered culverts shall be minimized and, where 
utilized, shall be integrated with the desert setting through color, texture, soil 
plating, landscaping, or other means, as approved by the PLANNING AND 
Development Services Department. To the extent possible, culverts shall be 
undersized to allow minor flows (10 cfs or smaller) to cross roadways in their 
natural condition. 
 
 
24. 
32. 
 
That wWashes with a one-hundred-year peak flow of 200 cfs or greater shall 
be preserved and enhanced with native vegetation as described in Appendix A, 
Approved Plant Species List for Sonoran Preserve Edge Treatment Guidelines, 
as approved by the PLANNING AND Development Services Department.

25. 
33. 
 
That lLots with 2 or more sides abutting undisturbed open space shall be 
designed with obtuse angles, rather than right angles or acute angles, as 
approved by the PLANNING AND Development Services Department. 
 
 
26. 
34. 
 
That oOn non-hillside lots within the R1-18 portion of the development, all 
improvements, including driveways, landscaping, and underground utilities 
shall be located within a building envelope occupying no more than 50 percent 
of the lot up to a maximum of 20,000 square feet, whichever is less, as 
approved by the PLANNING AND Development Services Department. 
 
 
27. 
35. 
 
That a A minimum of three terraced berms with 2:1 fill slopes shall be installed 
along the full length of the quarry cut slope base. The terraces shall BE 
LIMITED TO A MAXIMUM HEIGHT OF be 8 feet tall, minimum, and shall be 
PLANTED plated with a staggered combination of 2-inch and 4-inch caliper, 
drought resistant, deciduous trees at 25 feet ON center OR IN EQUIVALENT 
GROUPINGS to center, as approved OR MODIFIED by the PLANNING AND 
Development Services Department. 
 
THE DEVELOPER MAY ALSO IMPLEMENT ALTERNATIVE SOLUTIONS 
FOR THE NATURALIZING AND BLENDING OF THE QUARRY CUT SLOPE 
WITH THE ADJACENT UNDISTURBED HILLSIDE AREA, AS APPROVED 
OR MODIFIED BY THE PLANNING AND DEVELOPMENT DEPARTMENT.
 
 
28. 
36. 
 
That sSolid block walls, except for retaining walls or privacy fencing on 
individual lots, shall not be constructed outside of the building envelopes for the 
R1-18 portion of the site, as approved by the PLANNING AND Development 
Services Department. Fencing constructed outside of the building envelope 
shall be combination solid/view fencing. In addition, all fencing above the 15 
percent slope line shall be 100 percent view fencing.
 
 
29. 
37. 
That tThe entire 60-acre site shall have no perimeter fencing, as approved by 
the PLANNING AND Development Services Department.
 
 
30. 
38. 
 
That pPrivate roadways within the R1-18 portion of the site shall be provided 
with ribbon curbs and colored asphalt, as approved by the PLANNING AND 
Development Services Department.
 
 
31. 
39. 
That private roadways within the R1-8 portion of the site shall be provided with 
a raised, vertical curb, as approved by the Development Services Department. 
 
 
32. 
40. 
That aAll HVAC units shall be ground mounted. 
 
 
33. 
41. 
 
That aAll street lighting and wall mounted security fixtures shall be full cut off 
lighting. Fixture height shall be a maximum of 12 feet. Street lighting fixtures 
shall be decorative and have a consistent architectural theme, as approved by 
the PLANNING AND Development Services Department.
 
 
34. 
42. 
That bBollards shall be used for accent lighting at the primary access, entry 
monument, driveways, and trail crossings, as approved by the PLANNING

AND Development Services Department. Photovoltaic energy sources for 
bollard lighting shall be provided.
 
 
35. 
43. 
 
That aAny request to delete or modify these stipulations SHALL be preceded 
by A presentation to the Laveen Village Planning Committee (VPC) for review 
and recommendation, and notification to the following persons two weeks prior 
to presentation at the VPC:
 
 
 
a. 
Jon Kimoto, 3216 West Ansell Road, Laveen, 85339
 
 
 
 
b. 
Cyd Manning, P.O. Box 41234, Mesa, 85274
 
 
 
 
c. 
Judy Brown, P.O. Box 41234, Mesa, 85274
 
 
 
 
d. 
Christine Dicken, 10827 South 30th Avenue, Laveen, 85339 
 
 
 
 
e. 
Richard Birnbaum, 11014 South 35th Avenue, Laveen, 85339 
 
 
 
 
f. 
Phil Hertel, 2300 2845 West Broadway Road, Phoenix, 85041 
 
 
 
 
g. 
Steven Klein, 6820 South 66th Avenue, Laveen, 85339 
 
 
 
36. 
44. 
 
That tThe following individuals shall be notified of any and all PLANNING AND 
Development Services Department (DSD) meetings which are open to the 
public. The applicant shall be responsible for notification to the following via a 
first-class letter to be mailed at least two weeks prior to the DSD meeting(s):
 
 
 
a. 
Jon Kimoto, 3216 West Ansell Road, Laveen, 85339
 
 
 
 
b. 
Cyd Manning, P.O. Box 41234, Mesa, 85274
 
 
 
 
c. 
Judy Brown, P.O. Box 41234, Mesa, 85274
 
 
 
 
d. 
Christine Dicken, 10827 South 30th Avenue, Laveen, 85339 
 
 
 
 
e. 
Richard Birnbaum, 11014 South 35th Avenue, Laveen, 85339 
 
 
 
 
f. 
Phil Hertel, 2300 2845 West Broadway Road, Phoenix, 85041 
 
 
 
 
g. 
Steven Klein, 6820 South 66th Avenue, Laveen, 85339 
 
 
 
37. 
45. 
 
That aAll sidewalks, within the R1-8 portion of the site, WHICH ARE 
DEVELOPED ALONG STREETS DEVELOPED AS PUBLIC STREETS OR 
PRIVATE ACCESSWAYS shall be detached with a minimum five-foot wide 
landscaped strip located between the sidewalk and back of curb and shall 
include minimum two-inch caliper shade trees planted a minimum rate of 20 
feet on center or IN equivalent groupings along both sides of the sidewalk, as 
approved OR MODIFIED by the PLANNING AND Development Services 
Department. The landscape strip shall be installed by the developer and 
maintained by the homeowners’ association.

38. 
46. 
 
That aA mix of two and three-inch caliper trees shall be provided within all 
required common open space tracts. With the exception of the open space 
area adjacent to 35th Avenue, the species of trees provided shall shade 50 
percent of the area of the open space at tree maturity, as approved by the 
PLANNING AND Development Services Department.
 
 
39. 
47. 
 
That only one-story homes shall be located along 35th Avenue.  
LOTS 52-61 AND 82-83 1-7, LOCATED ALONG 35TH AVENUE AND AS 
DEPICTED ON THE SITE PLAN DATE STAMPED NOVEMBER 21, 2019 
MAY 26, 2020, ARE LIMITED TO A MAXIMUM BUILDING HEIGHT OF 20 
FEET, AS APPROVED BY THE PLANNING AND DEVELOPMENT 
DEPARTMENT. 
 
 
40. 
48. 
That aA detailed site plan, landscaping plan, elevations, perimeter fence or wall 
plan, lighting plan, and entry monument signage shall be reviewed by the 
Laveen Village Planning Committee prior to preliminary site plan approval by 
the PLANNING AND Development Services Department.
 
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