Attachment B - Staff Report - Z-104-23-8.pdf

*REVISED
Staff Report Z-104-23-8 
February 12, 2024 
South Mountain Village Planning 
Committee Meeting Date: 
February 13, 2024 
Planning Commission Hearing Date: 
March 7, 2024 
Request From: 
R1-6 BAOD (Approved R1-10 BAOD) 
(Single-Family Residence District, 
Baseline Area Overlay District, 
Approved Single-Family Residence 
District, Baseline Area Overlay District) 
(0.83 acres), S-1 BAOD (Approved R1-
10 BAOD) (Ranch or Farm Residence, 
Baseline Area Overlay District, 
Approved Single-Family Residence 
District, Baseline Area Overlay District) 
(6.74 acres), and S-1 BAOD (Ranch or 
Farm Residence, Baseline Area Overlay 
District) (10.95 acres) 
Request To: 
R1-6 BAOD (Single-Family Residence 
District, Baseline Area Overlay District) 
(18.52 acres) 
Proposal: 
Single-family residential 
Location: 
Northeast corner of 36th Street and 
Beverly Road 
Owner: 
Miguel and Yvonne Montiel Family 
Trust, et. al. 
Applicant/Representative: 
Adam Baugh, Withey Morris Baugh, 
PLC 
Staff Recommendation: 
Approval, subject to stipulations 
General Plan Conformity 
General Plan Land Use Map Designation 
Residential 3.5 to 5 dwelling units 
per acre and Nurseries / Flower 
Gardens with alternative 3.5 to 5 
dwelling units per acre 
Street Map 
Classification 
36th Street 
Local 
25 to 30-foot east half 
street 
ATTACHMENT B

Staff Report: Z-104-23-8 
February 12, 2024 
Page 2 of 14 
 
 
 
 
CELEBRATE OUR DIVERSE COMMUNITTIES AND NEIGHBORHOODS CORE 
VALUE; CLEAN NEIGHBORHOODS LAND USE PRINCIPLE; Facilitate the 
acquisition of vacant, underutilized and blighted parcels for appropriate 
redevelopment, compatible with the adjacent neighborhood character and 
adopted area plans.  
 
The site has been largely vacant for many years with exception of two existing homes. 
As stipulated, the proposal is compatible with the surrounding land uses and the 
Baseline area.  
BUILD THE SUSTAINABLE CITY; DESERT LANDSCAPE; DESIGN PRINCIPLE: 
Propose new design standards that address drainage, use of native plants, edge 
treatment, and access – both visual and physical – for private and public 
development adjacent to public preserves, parks, washes and open spaces. 
 
The proposal, as stipulated, will provide enhanced landscaping, a detached shaded 
sidewalk along 36th Street, two green infrastructure techniques for stormwater 
management, view fencing along the Highline Canal, an enhanced connection to the 
Highline Canal, and public access connecting 36th Way to the Highline Canal.  
BUILD THE SUSTAINABLE DESERT CITY CORE VALUE; DESIGN PRINCIPLE:  
Integrate trees and shade into the design of new development and 
redevelopment projects throughout Phoenix. 
 
The proposal, as stipulated, includes a detached sidewalk along 36th Street that will be 
planted with shade trees and shaded landscape setbacks. These improvements will 
create a comfortable pedestrian environment along 36th Street, reduce the urban heat 
island effect, and make the walk to nearby destinations safer and more comfortable.  
 
Applicable Plans, Overlays, and Initiatives 
Housing Phoenix Plan: Background Item No. 6. 
 
Conservation Measures for New Development: Background Item No. 7. 
 
Tree and Shade Master Plan: Background Item No. 8. 
 
Monarch Butterfly Pledge: Background Item No. 9. 
 
Complete Streets Guiding Principles: Background Item No. 10. 
 
Zero Waste PHX: Background Item No. 11. 
 
Baseline Area Master Plan and Baseline Area Overlay District (BAOD): 
Background Item No. 12.

Staff Report: Z-104-23-8 
February 12, 2024 
Page 3 of 14 
 
 
 
 
 
Surrounding Land Uses and Zoning 
 
Land Use 
Zoning 
On Site 
Single-family residential 
and vacant 
R1-6 BAOD 
(Approved R1-10 
BAOD), S-1 BAOD 
(Approved R1-10 
BAOD), and S-1 
BAOD 
North 
Multifamily residential and 
single-family residences 
S-1 BAOD 
(Approved R1-6 
BAOD) and R-3 
BAOD 
West (across 36th Street) 
Multifamily residential and 
single-family residences 
R-3 BAOD and  
R1-6 BAOD 
East 
Single-family residences 
and Highline Canal 
R-2 BAOD and  
R1-10 BAOD 
South  
Highline Canal, single-
family residential, vacant 
land, and mountain 
preserve 
R1-10 BAOD 
 
R1-6 – Single-Family Residence District 
(Planned Residential Development Option) 
Standards 
 
Requirements 
  
 
Provisions on the 
Proposed Site Plan 
  
Gross Acreage 
- 
18.52 acres 
Maximum Number of Units 
102 units, 120 units with 
bonus 
61 units (Met) 
Maximum Density 
(dwelling units/acre) 
5.5 dwelling units per 
acre; 6.5 with bonus 
density points 
3.29 dwelling units per 
acre (Met) 
Minimum Lot Width 
45 feet 
45 feet – 55 feet (Met) 
Maximum Lot Coverage 
50%, plus an additional 
10% for an ADU and/or 
attached shade structures 
Total: 60% 
40% primary structure, 
10% shade structure 
(Met)

Staff Report: Z-104-23-8 
February 12, 2024 
Page 4 of 14 
 
 
 
 
Maximum Building Height 
2 stories and 30 feet 
2-stories and 30 feet 
(Met) 
Minimum Perimeter Building Setbacks 
Street 
15 feet 
15 feet (Met) 
Property Line (Rear) 
15 feet (1-story) 
20 feet (2-story) 
15 feet (1-story)  
20 feet (2-story) 
(Met) 
Property Line (Side) 
10 feet (1-story) 
15 feet (2-story) 
10 feet (1-story)  
15 feet (2-story) 
(Met) 
Minimum Interior Building Setbacks 
 
Front 
10 feet 
10 feet (Met)  
Rear 
None (established by 
Building Code) 
None (Met) 
Side 
None (established by 
Building Code) 
None (Met) 
Street Side 
10 feet 
10 feet (Met) 
Minimum Common Open 
Space 
5% of gross area 
25.77% (Met)  
Minimum Common Landscape 
Setback Adjacent to Perimeter 
Streets 
15 feet average, 10 feet 
minimum 
15 feet (Met) 
Minimum Parking 
122 spaces required 
2 spaces per 1 dwelling 
unit 
61 dwelling units proposed 
Not specified 
 
Background/Issues/Analysis 
 
SUBJECT SITE 
1. 
This request is to rezone 18.52 acres located at the northeast corner of 36th Street 
and Beverly Road from R1-6 BAOD (Approved R1-10 BAOD) (Single-Family 
Residence District, Baseline Area Overlay District, Approved Single-Family 
Residence District, Baseline Area Overlay District), S-1 BAOD (Approved R1-10 
BAOD) (Ranch or Farm Residence, Baseline Area Overlay District, Approved 
Single-Family Residence District, Baseline Area Overlay District), and S-1 BAOD 
(Ranch or Farm Residence, Baseline Area Overlay District) to R1-6 BAOD (Single-
Family Residence District, Baseline Area Overlay District) for single-family

Staff Report: Z-104-23-8 
February 12, 2024 
Page 5 of 14 
 
 
 
 
residential. The subject site currently contains two single-family homes and is 
largely vacant. Additionally, a portion of the subject site is in a hillside area.   
 
 
2. 
A majority of the subject site 
is designated as Residential 
3.5 to 5 dwelling units per 
acre on the General Plan 
Land Use Map. The northern 
portion of the site is 
designated Nurseries/Flower 
Gardens with alternative 3.5 
to 5 dwelling units per acre 
on the General Plan Land 
Use Map. The area to the 
west directly adjacent and 
across 36th Street is 
designated Residential 10 to 
15 dwelling acres. The area 
across 36th Street and south of the Beverly Road is designated Residential 3.5 to 
5 dwelling units per acre. The area to the north is Residential 10 to 15 dwelling 
acres and Nurseries/Flower Gardens with alternative 3.5 to 5 dwelling units per 
acre. The area to the east is designated Residential 2 to 7 dwelling units per acre 
and area across the canal is designated Residential 1 to 2 dwelling units per acre. 
The area to the south across the canal is designated Residential 0 to 1 dwelling 
units per acre, Parks/Open Space – Publicly Owned, and Residential 1 to 2 
dwelling units per acre. The request to rezone to R1-6 is consistent with the 
General Plan Land Use Map designations on the site.

Staff Report: Z-104-23-8 
February 12, 2024 
Page 6 of 14 
 
 
 
 
EXISTING CONDITIONS AND 
SURROUNDING ZONING 
3. 
The subject site is zoned R1-6 BAOD 
(Approved R1-10 BAOD), S-1 BAOD 
(Approved R1-10 BAOD), and S-1 
BAOD and is largely vacant with the 
exception of two existing single-family 
homes.  To north is a multifamily 
residential development zoned R-3 
BAOD and a single-family residential 
subdivision zoned S-1 BAOD (Approved 
R1-6 BAOD); to the east are single-
family residential subdivisions zoned R-
2 BAOD and R1-10 BAOD; to the west 
across 36th Street is a multifamily 
residential development zoned R-3 
BAOD and a single-family residential subdivision zoned R1-6 BAOD; and to the 
south is the Highline Canal and vacant land zoned R1-10 BAOD.  
 
 
PROPOSAL 
4. 
Site Plan 
The proposal is for 
a 61-unit 
subdivision located 
at the northeast 
corner of 36th 
Street and Beverly 
Road. The 
conceptual site 
plan, attached as 
an exhibit, depicts 
the site layout 
including the 
location of each lot, 
the open space 
areas, and the 
existing home at 
the top of Lot 27.  
The site will have 
two points of 
ingress/egress. 
One on the west 
 
Conceptual Site Plan; Source: Clouse Engineering Inc.

Staff Report: Z-104-23-8 
February 12, 2024 
Page 7 of 14 
 
 
 
 
side on 36th Street and an emergency access point on the north side on 36th Way. 
To provide a buffer from neighboring properties and to increase shade, Stipulation 
No. 7 requires enhanced landscaping within the landscape setbacks and 
Stipulation No. 9 requires a detached sidewalk along 36th Street.   
 
 
5. 
Conceptual Building Elevations  
The conceptual building elevations, attached as an exhibit, depict three different 
single-family elevations. Each elevation proposes a shaded porch and a variety of 
building materials. Stipulation No. 5 requires a minimum of three distinct exterior 
accent materials for each standard plan to align with the Baseline Area Master 
Plan goal of providing more variety than subdivisions being built throughout the 
Valley.  
 
 
 
Conceptual Building Elevations; Source: Porchlight Homes.  
   
 
 
 
 
STUDIES AND POLICIES 
6. 
Housing Phoenix:  
In June 2020, the Phoenix City Council approved the Housing Phoenix Plan. This 
Plan contains policy initiatives for the development and preservation of housing 
with the vision of creating a stronger and more vibrant Phoenix through increased 
housing options for residents at all income levels and family sizes.  Phoenix’s rapid 
population growth and housing underproduction has led to a need for over 163,000 
new housing units. Current shortages of housing supply relative to demand are a 
primary reason why housing costs are increasing.

Staff Report: Z-104-23-8 
February 12, 2024 
Page 8 of 14 
 
 
 
 
 
The proposed development supports the Plan’s goal of preserving or creating 
50,000 housing units by 2030 by providing housing that will address the supply 
shortage at a more rapid pace while using vacant or underutilized land in a more 
sustainable fashion. 
 
 
7. 
Conservation Measures for New Development: 
In June 2023, the Phoenix City Council adopted the Conservation Measures for 
New Development policy as part of a resolution addressing the future water 
consumption of new development (Resolution 22129). This resolution addresses 
the future water consumption of new development to support one of the City’s Five 
Core Values in the General Plan which calls for Phoenix to - Build the Sustainable 
Desert City. The Conservation Measures for New Development policy includes 
direction to develop standards for consideration as stipulations for all rezoning 
cases that will address best practices related to water usage in nine specific 
categories. This is addressed in Stipulation Nos. 10 through 17. 
 
 
8. 
Tree and Shade Master Plan:  
The Tree and Shade Master Plan encourages treating the urban forest as 
infrastructure to ensure the trees are an integral part of the City’s planning and 
development process. Sidewalks on the street frontage should be detached from 
the curb to allow trees to be planted on both sides of the sidewalk to provide 
thermal comfort for pedestrians and to reduce the urban heat island effect. The 
development proposal, as stipulated, will create a comfortable streetscape 
environment with enhanced landscaping in all landscape setbacks and shaded and 
detached sidewalks along 36th Street. These are addressed in Stipulation Nos. 7 
and 9.  
 
 
9. 
Monarch Butterfly Pledge: 
 
In April 2021, Mayor Kate Gallego signed the National Wildlife Federation's Mayor's 
Monarch Pledge. This pledge commits the city to take action to support the 
monarch butterfly population. In the United States, loss of milkweed habitat is a 
major factor in the decline of the monarchs. Arizona has at least 29 species of 
milkweed native to the state. Adult monarchs feed on the nectar of many flowers, 
but they breed only where milkweeds are found. To support the monarch butterfly 
population, Stipulation No. 8 addresses the planting of milkweed shrubs, or other 
native nectar plant species, on the subject site. 
 
10. Complete Streets Guiding Principles:  
The City of Phoenix City Council adopted the Complete Streets Guiding Principles. 
The principles are intended to promote improvements that provide an

Staff Report: Z-104-23-8 
February 12, 2024 
Page 9 of 14 
 
 
 
 
accessible, safe, connected transportation system to include all modes, such as 
bicycles, pedestrians, transit, and vehicles. The proposed development, as 
stipulated, will support walking, bicycling, and transit-use by including a detached 
sidewalk on 36th Street and pedestrian connections to the adjacent Highline Canal. 
These are addressed in Stipulation Nos. 9, 19, and 20.   
 
 
11. Zero Waste Phoenix PHX:  
The City of Phoenix is committed to its waste diversion efforts and has set a goal to 
become a zero waste city, as part of the city’s overall 2050 Environmental 
Sustainability Goals. One of the ways Phoenix can achieve this is to improve and 
expand its recycling and other waste diversion programs.  
 
The provision of recycling containers was not addressed in the applicant’s 
submittals, however recycling service is provided by the City of Phoenix to single-
family residential developments. 
 
 
12. Baseline Area Master Plan and Baseline Area Overlay District (BAOD):  
The Baseline Area Master Plan and the Baseline Area Overlay District are 
designed to encourage development that preserves the rural and agricultural 
character of the area. The overlay district emphasizes a strong streetscape 
environment including shade for pedestrians and landscape enhancements. 
Stipulation No. 1 requires that specific tracts be reserved for open space in 
alignment with the goal of organizing subdivisions around a centralized open 
space. Stipulation No. 5 requires a minimum of three distinct exterior accent 
materials for each standard plan to align with the Baseline Area Master Plan goal 
of providing more variety than subdivisions being built throughout the valley. 
Stipulation No. 6 requires that a minimum of 75% view fencing be provided where 
fencing is proposed along the site's perimeter aligning with the Baseline Area 
Master Plan goal of maintaining the open feel of the Baseline area. 
 
 
COMMUNITY CORRESONDENCE 
13. As of the writing of this report three letters of opposition have been received for the 
request. Concerns raised were regarding the possibility of the homes being for 
rent, the obstruction of mountain views, and lowering property values.   
 
 
 
INTERDEPARTMENTAL COMMENTS 
14. The Street Transportation Department is requiring a detached sidewalk along 36th 
Street, a public connection to 36th Way or termination of 36th Way, an enhanced 
pedestrian connection to the Highline Canal, and a sidewalk easement connecting 
36th Way to the Highline Canal. These are addressed in Stipulation Nos. 9, 18, 19, 
and 20. The Street Transportation Department also requests that the developer

Staff Report: Z-104-23-8 
February 12, 2024 
Page 10 of 14 
 
 
 
 
replace or construct all improvements in the right-of-way with all required elements 
and to ADA standards. This is addressed in Stipulation Nos. 21 and 22. 
 
 
15. The Aviation Department requested the airport disclosure stipulation. This is 
addressed in Stipulation No. 23. 
 
 
16. The Hillside review team within the Site Planning Division of the Planning and 
Development Department has requested the dedication of a preservation 
easement, the review of any improvements to Lot 27 through a Hillside/Grading 
and Drainage Plan, and the provision of a physical feature, such as a retaining 
wall, to protect the hillside area. Stipulations Nos. 2, 3, and 4 address these 
requirements. 
 
 
OTHER 
17. The site is located in a larger area identified as being archaeologically sensitive. If 
further review by the City of Phoenix Archaeology Office determines the site and 
immediate area to be archaeologically sensitive, and if no previous archaeological 
projects have been conducted within this project area, it is recommended that 
archaeological Phase I data testing of this area be conducted. Phase II 
archaeological data recovery excavations may be necessary based upon the 
results of the testing. A qualified archaeologist must make this determination in 
consultation with the City of Phoenix Archaeologist. In the event archaeological 
materials are encountered during construction, all ground disturbing activities must 
cease within a 33-foot radius of the discovery and the City of Phoenix Archaeology 
Office must be notified immediately and allowed time to properly assess the 
materials. These are addressed in Stipulation Nos. 24 through 26. 
 
18. Staff has not received a completed form for the Waiver of Claims for Diminution in 
Value of Property under Proposition 207 (A.R.S. 12-1131 et seq.), as required by 
the rezoning application process. Therefore, a stipulation has been added to 
require the form be completed and submitted prior to final site plan approval. This 
is addressed in Stipulation No. 27. 
 
 
 
19. Development and use of the site are subject to all applicable codes and 
ordinances. Zoning approval does not negate other ordinance requirements. Other 
formal actions such as, but not limited to, zoning adjustments and abandonments 
may be required. 
 
Findings 
 
1. 
The proposal is consistent with the General Plan Land Use Map designations, the 
Baseline Area Master Plan, and with the character of the surrounding area.

Staff Report: Z-104-23-8 
February 12, 2024 
Page 11 of 14 
 
 
 
 
 
 
2. 
The proposed R1-6 zoning district is compatible with the surrounding single-family 
residence districts. 
 
 
3. 
The proposal, as stipulated, will create a strong pedestrian environment along 
36th Avenue with shaded and detached sidewalks and pedestrian connections to 
the Highline Canal. These pathways will convey individuals safely and 
comfortably to the nearby neighborhoods, medical offices, commercial uses, and 
recreational amenities.   
 
Stipulations: 
 
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.

Staff Report: Z-104-23-8 
February 12, 2024 
Page 12 of 14 
 
 
 
 
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 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. 
 
 
9. 
The sidewalk along 36th Street shall be a minimum of five feet in width 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 and Development Department. 
 
 
12. Only landscape materials listed in the Baseline Area Master Plan Plant List 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.

Staff Report: Z-104-23-8 
February 12, 2024 
Page 13 of 14 
 
 
 
 
 
 
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 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 disclose the existence, and 
operational characteristics of Phoenix Sky Harbor Airport to future owners or tenants

Staff Report: Z-104-23-8 
February 12, 2024 
Page 14 of 14 
 
 
 
 
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. 
 
 
24. 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. 
 
 
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. 
 
Writer 
Samuel Rogers 
February 12, 2024 
 
Team Leader 
Racelle Escolar 
 
Exhibits 
Zoning sketch map 
Aerial sketch map 
Conceptual Site Plan date stamped January 17, 2024; (2 pages) 
Conceptual Building Renderings date stamped January 17, 2024; (3 pages) 
Conceptual Landscape Plan date stamped January 17, 2024; (4 pages) 
Correspondence (3 Pages)

Z-4-SP-14
Z-3-SP-14
Z-112-04
Z-50-16
Z-155-85
Z-155-85
CZ-62-94
*
*
*
*
*
S-1
PUD
BAOD
R-3
R-3
R1-6
R1-10
R-2
R1-10 *
Z-55-05
R1-6 *
Z-77-05
Z-27-02
BRANHAM LN
38TH ST
34TH PL
37TH WAY
39TH ST
36TH ST
38TH PL
36TH WAY
39TH PL
38TH WAY
37TH ST
CONSTANCE WAY
35TH ST
HARWELL RD
SOPHIE LN
MELODY DR
BASELINE RD
BEVERLY RD
HIGHLINE CANAL RD
Baseline Area
Plan and Overlay
District
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
SOUTH MOUNTAIN VILLAGE
CITY COUNCIL DISTRICT: 8
I
APPLICANT'S NAME:
APPLICATION NO.
Z-104-23
GROSS AREA INCLUDING 1/2 STREET
AND ALLEY DEDICATION IS APPROX.
18.52 Acres
MULTIPLES PERMITTED
*   Maximum Units Allowed with P.R.D. Bonus
R1-6 BAOD (Approved R1-10 BAOD),
S-1 BAOD (Approved R1-10 BAOD), S-1 BAOD
R1-6 BAOD
CONVENTIONAL OPTION
4 (3), 6 (23), 10
98
*   UNITS P.R.D. OPTION
5 (3), N/A (30), N/A
120
Withey Morris Baugh, PLC
DATE:
12/18/2023
REVISION DATES:
AERIAL PHOTO &
QUARTER SEC. NO.
QS 01-36
ZONING MAP
D-10
REQUESTED CHANGE:
FROM:
R1-6 BAOD ( Approved R1-10 BAOD) ( 0.83 a.c.)
S-1 BAOD ( Approved R1-10 BAOD) ( 6.74 a.c.)
S-1 BAOD ( 10.95 a.c.)
TO: R1-6 BAOD ( 18.52 a.c.)
Document Path: S:\Department Share\Information Systems\PL GIS\IS_Team\Core_Functions\Zoning\sketch_maps\2023\Z-104-23.mxd
Z-104-23
0.075
0
0.075
0.0375
Miles
1/08/2024

Z-4-SP-14
Z-3-SP-14
Z-112-04
Z-50-16
Z-155-85
Z-155-85
CZ-62-94
*
*
*
*
*
S-1
PUD
BAOD
R-3
R-3
R1-6
R1-10
R-2
R1-10 *
Z-55-05
R1-6 *
Z-77-05
Z-27-02
BRANHAM LN
38TH ST
34TH PL
37TH WAY
39TH ST
36TH ST
38TH PL
36TH WAY
39TH PL
38TH WAY
37TH ST
CONSTANCE WAY
35TH ST
HARWELL RD
SOPHIE LN
MELODY DR
BASELINE RD
BEVERLY RD
HIGHLINE CANAL RD
Baseline Area
Plan and Overlay
District
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
SOUTH MOUNTAIN VILLAGE
CITY COUNCIL DISTRICT: 8
I
APPLICANT'S NAME:
APPLICATION NO.
Z-104-23
GROSS AREA INCLUDING 1/2 STREET
AND ALLEY DEDICATION IS APPROX.
18.52 Acres
MULTIPLES PERMITTED
*   Maximum Units Allowed with P.R.D. Bonus
R1-6 BAOD (Approved R1-10 BAOD),
S-1 BAOD (Approved R1-10 BAOD), S-1 BAOD
R1-6 BAOD
CONVENTIONAL OPTION
4 (3), 6 (23), 10
98
*   UNITS P.R.D. OPTION
5 (3), N/A (30), N/A
120
Withey Morris Baugh, PLC
DATE:
12/18/2023
REVISION DATES:
AERIAL PHOTO &
QUARTER SEC. NO.
QS 01-36
ZONING MAP
D-10
REQUESTED CHANGE:
FROM:
R1-6 BAOD ( Approved R1-10 BAOD) ( 0.83 a.c.)
S-1 BAOD ( Approved R1-10 BAOD) ( 6.74 a.c.)
S-1 BAOD ( 10.95 a.c.)
TO: R1-6 BAOD ( 18.52 a.c.)
Document Path: S:\Department Share\Information Systems\PL GIS\IS_Team\Core_Functions\Zoning\sketch_maps\2023\Z-104-23.mxd
Z-104-23
0.075
0
0.075
0.0375
Miles
1/08/2024
1/18/2024

N89°58'24"E 129.98'
L=42.78'
R=323'
L=192.07'
R=187.90'
L=156.73'
R=158.18'
BOOK 868, PAGE 25
CONDOMINIUM AMENDED
BOOK 501, PAGE 23
MONTANA APARTMENTS
BOOK 899, PAGE 07
BLOSSOM HILLS
SHADOW MOUNTAIN VILLAS
TRACT "B"
1
2
3
4
5
8
9
11
13
14
15
20
17
16
22
23
26
29
30
31
21
40
TRACT "A"
32
28
TRACT "G"
TRACT "A"
27
24
25
TRACT "A"
N00°21'29"E 322.76'
19
18
TRACT "A"
10
12
TRACT "A"
TRACT "A"
7
6
N89°40'26"E 528.39'
41
TRACT "A"
PRIVATE ACCESSWAY
PRIVATE ACCESSWAY
PRIVATE ACCESSWAY
42
43
44
45
46
47
48
49
50
51
52
53
61
60
59
58
57
56
55
54
N89°50'32"E 462.72'
BOOK 1239, PAGE 05
ESTATES AT SOUTH MOUNTAIN
S79°00'46"W 366.74'
S20°26'45"W 120.01'
N44°12'55"W 176.41'
L=200.67'
R=228.18'
S85°23'46"W
123.36'
70.30'
S85°19'11"W
144.59'
N45°31'27"W
47.96'
L=237.80'
R=500'
37
39
38
33
34
35
36
30.00'
N72°41'18"W
N00°31'29"E
835.06'
L=146.52'
R=500'
N1/4 COR. SEC. 1, T.1S., R.3E.
FD BRASS CAP IN HANDHOLE
CLOSING CORNER
(0.53' NORTH)
TRACT "G"
N00°28'46"E
L=94.58'
R=117.87'
N00°31'34"E 666.83'
TRACT "J"
TRACT "J"
TRACT "D"
TRACT "I"
TRACT "C"
TRACT "E"
TRACT "D"
TRACT "H"
TRACT "F"
TRACT "G"
TRACT "G"
X.1
TYP.
X.2
TYP.
X.2
TYP.
X.2
TYP.
X.2
TYP.
X.2
TYP.
X.2
TYP.
X.2 TYP.
X.2 TYP.
X.2 TYP.
X.2 TYP.
C.1
TYP.
C.1
TYP.
C.1
TYP.
C.1
TYP.
C.1
TYP.
C.2
C.2
C.2
C.2
C.2
C.3
C.3
C.3
C.3
C.3
C.3
L.1
TYP.
L.2
TYP.
L.2
TYP.
L.2
TYP.
L.2
TYP.
L.3 TYP.
L.4
L.5
S.1
S.2
W.1
W.2
W.3
W.3
TURF GRASS
(SOD)
TURF GRASS
(SOD)
TURF
GRASS
(SOD)
TURF
GRASS
(SOD)
TURF
GRASS
(SOD)
W.1
L.5
C.1
TYP.
C.4
L.5
MESQUITE THORN LESS HYBRID
 - MULTI TRUNK OR LOW BREAKING
PROSOPIS X 'PHOENIX'
TRAILING ROSEMEARY
ROSEMARINUS OFFICIONALIS
'PROSTRATUS'
LANDSCAPE LEGEND
SYMBOL
SIZE
TREES
COMMON NAME
BOTANICAL NAME
DESERT SPOON
DASYLIRION WHEELERI
GIANT HESPERALOE
HESPERALOE FUNIFERA
BUSH BOUGAINVILLEA
BOUGAINVILLEA
'SAN DIEGO RED'
5 GAL.
YELLOW LANTANA
LANTANA X 'NEW GOLD'
1 GAL.
QTY
1 GAL.
GREEN HOPSEED BUSH
DODONEA VISCOSA
5 GAL.
2" CAL.
8'H x 6'W
185
SHRUBS
CORAL FOUNTAIN
RUSELLIA EQUISETIFORMUS
SIZE
5 GAL.
5 GAL.
1 GAL.
GROUNDCOVER
SIZE
SIZE: 3" MINUS
COLOR: CARMEL
BY ROCK PROS USA (OR EQUAL)
2" DEEP MINIMUM
TOP DRESSING
DECORATIVE ROCK
QTY
201,959 S.F.
SAGUARO (SPEAR)
CARNEGIA GIGANTEA
VARIES
CONCRETE SIDEWALK, SEE CIVIL PLANS
RAMP, SEE CIVIL PLANS
FIRE HYDRANT, SEE CIVIL PLANS
20' ASPHALT DRIVE, SEE CIVIL PLANS
C.X
CIVIL
C.1
C.2
C.3
C.4
X
KEYED NOTES
EXISTING SIDEWALK AND CURB, DO NOT DISTURB
EXISTING WALL, DO NOT DISTURB
X.X
EXISTING
X.1
X.2
10' x 20' SVTE
33' x 33' SVTE
DECORATIVE STREET PAVING
DECORATIVE SIDEWALK PAVING
CONCRETE SIDEWALK
L.X
LANDSCAPE
L.1
L.2
L.3
L.4
L.5
ENTRY GATE, SEE DETAIL 2/L3
ENTRY MONUMENT, SEE DETAIL 3/L3
PEDESTRIAN GATE, SEE DETAIL 1/L4
W.X
WALLS / MONUMENTS
W.1
W.2
W.3
ACCENTS
SIZE
WEBERS AGAVE
AGAVE WEBERI
5 GAL.
RIO BRAVO SAGE
LEUCOPHYLLUM LANGMANIAE
'RIO BRAVO'
5 GAL.
WEBERS AGAVE
AGAVE 'BLUE GLOW'
5 GAL.
RED YUCCA
HESPERALOE PARVIFOLIA
5 GAL.
PURPLE LANTANA
LANTANA MONTIVIDENSIS
1 GAL.
JOJOBA
SIMMONDSIA CHINENSIS
BRITTELBUSH
ENCELIA FARINOSA
CREOSOTE BUSH
LARREA TRIDENTATA
5 GAL.
5 GAL.
5 GAL.
PURPLE LANTANA
LANTANA MONTIVIDENSIS
1 GAL.
DESERT MUSEUM PALO VERDE
- MULTI TRUNK
PARKINSONIA X
'DESERT MUSEUM'
2" CAL.
10'H x 5'W
86
MESQUITE THORN LESS HYBRID
 - MULTI TRUNK OR LOW BREAKING
CHILOPSIS LINEARIS
2" CAL.
8'H x 6'W
54
20' x 20' RAMADA
PLAY STRUCTURE
S.X
SRUCTURES
S.1
S.2
TURF
CYNODON DACTYLON 'MIDIRON'
HYBRID BERMUDA GRASS
TURF GRASS (SOD)
41,321 S.F.
QTY
PRELIMINARY
LANDSCAPE PLAN
L1
N
SCALE: 1" = 60
0'
60'
30'
120'
DATE: 01.16.2024
PROJECT
EXHIBIT
EXHIBIT #
SEAL
01
16
24
.
U
A
G
D
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R
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O
I
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,
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d
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.
.
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.
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I
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55248
CRAIG M.
N
L
A
S
D
C
E
A
S
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
T
C
E
R
A
H
T
I
C
P
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CROWLEY
EXPIRES 12/31/25
35(6(59(DWWKH

WALL LEGEND
A
THEME WALL
INDICATES COLUMN LOCATION
B
VIEW WALL
INDICATES COLUMN LOCATION
C
VIEW FENCE
D
SEAT WALL
EXISTING SIDEWALK AND CURB, DO NOT DISTURB
EXISTING WALL, DO NOT DISTURB
X.X
EXISTING
X.1
X.2
ENTRY GATE, SEE DETAIL 2/L3
ENTRY MONUMENT, SEE DETAIL 3/L3
PEDESTRIAN GATE, SEE DETAIL 1/L4
W.X
WALLS / MONUMENTS
W.1
W.2
W.3
KEYED NOTES
X
N89°58'24"E 129.98'
L=42.78'
R=323'
L=192.07'
R=187.90'
L=156.73'
R=158.18'
BOOK 868, PAGE 25
CONDOMINIUM AMENDED
BOOK 501, PAGE 23
MONTANA APARTMENTS
BOOK 899, PAGE 07
BLOSSOM HILLS
SHADOW MOUNTAIN VILLAS
TRACT "B"
1
2
3
4
5
8
9
11
13
14
15
20
17
16
22
23
26
29
30
31
21
40
TRACT "A"
32
28
TRACT "G"
TRACT "A"
27
24
25
TRACT "A"
N00°21'29"E 322.76'
19
18
TRACT "A"
10
12
TRACT "A"
TRACT "A"
7
6
N89°40'26"E 528.39'
41
TRACT "A"
PRIVATE ACCESSWAY
PRIVATE ACCESSWAY
PRIVATE ACCESSWAY
42
43
44
45
46
47
48
49
50
51
52
53
61
60
59
58
57
56
55
54
N89°50'32"E 462.72'
BOOK 1239, PAGE 05
ESTATES AT SOUTH MOUNTAIN
S79°00'46"W 366.74'
S20°26'45"W 120.01'
N44°12'55"W 176.41'
L=200.67'
R=228.18'
S85°23'46"W
123.36'
70.30'
S85°19'11"W
144.59'
N45°31'27"W
47.96'
L=237.80'
R=500'
37
39
38
33
34
35
36
30.00'
N72°41'18"W
N00°31'29"E
835.06'
L=146.52'
R=500'
N1/4 COR. SEC. 1, T.1S., R.3E.
FD BRASS CAP IN HANDHOLE
CLOSING CORNER
(0.53' NORTH)
TRACT "G"
N00°28'46"E
L=94.58'
R=117.87'
N00°31'34"E 666.83'
TRACT "J"
TRACT "J"
TRACT "D"
TRACT "I"
TRACT "C"
TRACT "E"
TRACT "D"
TRACT "H"
TRACT "F"
TRACT "G"
TRACT "G"
1
L3
1
L3
X.1
TYP.
X.2
TYP.
X.2
TYP.
X.2
TYP.
X.2
TYP.
X.2
TYP.
X.2
TYP.
X.2 TYP.
X.2 TYP.
X.2 TYP.
X.2 TYP.
W.1
W.2
W.3
TURF GRASS
(SOD)
TURF GRASS
(SOD)
TURF
GRASS
(SOD)
TURF
GRASS
(SOD)
W.1
A
A
C
B
B
B
C
C
A
A
C
A
A
A
A
A
A
A
A
A
D
A
C
A
PRELIMINARY
WALL PLAN
L2
N
SCALE: 1" = 60
0'
60'
30'
120'
DATE: 01.16.2024
PROJECT
EXHIBIT
EXHIBIT #
SEAL
01
16
24
.
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55248
CRAIG M.
N
L
A
S
D
C
E
A
S
.
.
.
.
.
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.
.
.
.
.
.
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A
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CROWLEY
EXPIRES 12/31/25
35(6(59(DWWKH

1 STREET ENTRY MONUMENT & GATE ELEVATIONS
SCALE: 3/16" = 1'-0"
PRELIMINARY
ENTRY MONUMENT &
ENTRY GATES
L3
3 ENTRY MONUMENT ELEVATION
SCALE: 3/8" = 1'-0"
2 ENTRY GATE ELEVATION
SCALE: 3/8" = 1'-0"
STICKS IN THE DESERT LOW FENCE
2" DIA. ROUND TUBE STEEL
WITH FLAT CAP, SEE DETAIL 4/L4
6" BORD FORM CONCRETE WALL
W8X31 STEEL BEAM POST
2" SQ. STEEL FRAME
3" SQ. WELDED WIRE MESH
VIEW FENCE BEYOND
SEE DETAIL 3/L4
7'-11"
2'-3"
4'-6"
6'-0"
4'-4"
10'-1"
14" HIGH REVERSE "C" PAN
CHANNEL LETTERING WITH HALO
LIGHTING
6" HIGH REVERSE "C" PAN
CHANNEL LETTERING WITH HALO
LIGHTING
6" BOARD FORM
CONCRETE COLUMN
2" X 4" TUBE STEEL FRAME
3" SQ. WELDED WIRE MESH
3'-0"
5'-6"
10"
4"
4'-0"
2" SQ. TUBE STEEL
MID POST
6" BOARD FORM
CONCRETE COLUMN
6" SQ. STEEL POST
WITH ANGLED TOP CAP
2" SQ. TUBE STEEL FRAME
6'-8"
6'-8"
DATE: 01.16.2024
PROJECT
EXHIBIT
EXHIBIT #
SEAL
01
16
24
.
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55248
CRAIG M.
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CROWLEY
EXPIRES 12/31/25
35(6(59(DWWKH

FINISH GRADE
A THEME WALL
SCALE: 3/8" = 1'-0"
FINISH GRADE
6"x8"x16" CMU WITH
STUCCO FINISH
6'-6"
8"
8"x6"x16"
SLUMP BLOCK
8"x4"x16"
SLUMP BLOCK CAP
4"
8" x 4" x 16"
SLUMP BLOCK CAP
B VIEW WALL
SCALE: 3/8" = 1'-0"
FINISH GRADE
6"x8"x16" CMU WITH
STUCCO FINISH
6'-6"
8"x6"x16"
SLUMP BLOCK
8"x4"x16"
SLUMP BLOCK CAP
4"
8" x 4" x 16"
SLUMP BLOCK CAP
6'-0"
4"
4'-0"
2'-0"
2" SQ. FRAME & POSTS
3" SQ. WELDED WIRE MESH
C VIEW FENCE
SCALE: 3/8" = 1'-0"
FINISH GRADE
3" SQ. WELDED WIRE MESH
6'-0"
2" SQ. FRAME & POSTS
FINISH GRADE
8"x6"x16"
SLUMP BLOCK
8"x4"x16"
SLUMP BLOCK CAP
1'-10"
D SEAT WALL
SCALE: 3/8" = 1'-0"
1 PEDESTRIAN GATE
SCALE: 3/8" = 1'-0"
3" SQ. WELDED WIRE MESH
6" SQ. STEEL POST
WITH ANGLED TOP CAP
GATE HARDWARE
2" SQ. STEEL FRAME
PRELIMINARY
WALL DETAILS
L4
DATE: 01.16.2024
PROJECT
EXHIBIT
EXHIBIT #
SEAL
01
16
24
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CROWLEY
EXPIRES 12/31/25
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12/19/23, 10:08 AM
Mail - Samuel S Rogers - Outlook
https://outlook.office365.com/mail/inbox/id/AAQkADNkMzc1MjA2LTRjOTktNGNjNi04OWVkLTM5NzllZmM4N2U4MwAQALrEHFAzUJNEgWm2pIfFvfI…
1/1
Rezoning 16.2 acres near 36th St & Baseline, Case no. Z-104-23
ekurschat3 <ekurschat3@aol.com>
Fri 12/15/2023 12:13 PM
To:​Samuel S Rogers <samuel.rogers@phoenix.gov>​
Hi Mr Rogers,
I received the developer's plans and rezoning letter that you sent. I was not able to make the public
hearing meeting last night.
Will the developer be offering those single family homes on the rezoned property for sale? Or is he
going to hold them all as rentals?  Some of the houses look kind of small, And if the developer is
planning to hold them as rentals, that's a problem and I don't want any more raggedy rental folks in
the neighborhood.
If he's planning to market and sell all of the houses,  more power to him!
Thank you,
Ernest Kurschat, engineer, realtor
Tel. 480-643-0734
Living at:
7734 S. 38th St
Phoenix AZ 85042
Sent from my T-Mobile 5G Device

1/18/24, 11:37 AM
Mail - Samuel S Rogers - Outlook
https://outlook.office365.com/mail/inbox/id/AAQkADNkMzc1MjA2LTRjOTktNGNjNi04OWVkLTM5NzllZmM4N2U4MwAQADKf3CY7FpVCrHwXIDJTqQ…
1/1
Objection to Withey Morris Baugh Development
Robert Dotterer <rdotterer33@gmail.com>
Thu 1/18/2024 11:15 AM
To:​Samuel S Rogers <samuel.rogers@phoenix.gov>​
Hello Samuel,
Thank you for speaking with me today and informing me of the process.
I am a property owner at 3707 E Branham Ln, north of the proposed development site by Withey Morris Baugh,
located south of the southeast corner of 36th street. I object to the development as it could adversely impact the
value of my property, given that I paid a premium for mountain views. Building behind my property would
diminish home property value.
Kind regards,
Robert Dotterer

1/23/24, 7:29 AM
Mail - Samuel S Rogers - Outlook
https://outlook.office365.com/mail/inbox/id/AAQkADNkMzc1MjA2LTRjOTktNGNjNi04OWVkLTM5NzllZmM4N2U4MwAQANEPqm9mnltDhb3K43Ofiug…
1/1
For development site by Withey Morris Baugh peoblem
ruosi shen <shenruosi@gmail.com>
Thu 1/18/2024 2:07 PM
To:​Samuel S Rogers <samuel.rogers@phoenix.gov>​
I am a property owner at 3641 E Branham Ln, north of the proposed development site by Withey Morris Baugh, located south of the southeast corner of
36th street. I object to the development as it could adversely impact the value of my property, given that I paid a premium for mountain views. Building
behind my property would diminish home property value.  Because when I was choosing a house, I spent an extra $8,000 to choose the row near the
mountain view. From the perspective of residents, it is definitely incomprehensible to the fact that the
mountain views are blocked by the newly built community, because after all, it affects our quality of
life.
Ruosi Shen