Attachment E - PC Summary - Z-104-23-8.pdf

REPORT OF PLANNING COMMISSION ACTION 
March 7, 2024 
ITEM NO: 11 
DISTRICT NO.: 8
SUBJECT:
Application #: 
Z-104-23-8
Location: 
Northeast corner of 36th Street and Beverly Road 
From: 
R1-6 BAOD (Approved R1-10 BAOD), S-1 BAOD (Approved R1-10 
BAOD), and S-1 BAOD 
To: 
 R1-6 BAOD 
Acreage:
18.52
Proposal: 
Single-family residential  
Applicant: 
Adam Baugh, Withey Morris Baugh, PLC 
Owner: 
Miguel and Yvonne Montiel Family Trust; All Other Property, LLP; and DK 
Square Investments, LLC  
Representative: 
Adam Baugh, Withey Morris Baugh, PLC  
ACTIONS: 
Staff Recommendation: Approval, subject to stipulations. 
Village Planning Committee (VPC) Recommendation: 
South Mountain 2/13/2024 Approval, per the staff recommendation, with modifications and 
additional stipulations.  
Vote: 13-0-1. 
Planning Commission Recommendation: Approval, per the staff memo dated March 6, 2024, 
with a modified stipulation and a deleted stipulation. 
Motion Discussion:  
Chairman Gaynor called on Trent Marchuk, who was in favor. 
Adam Baugh, the Applicant, stated that Trent left early, but he stated he put his comments in an 
email to Ms. Escolar. 
Ms. Escolar stated that the email was sent after 5:00 p.m. today asking for additional updates to 
the stipulations. She passed around the stipulations to the commission members and stated that 
staff does not have concerns with any of the requested updates, except the last one with the 
approval part in Stipulation No. 35, because it deviates from the standard Planning Hearing 
Officer (PHO) process. 
Chairman Gaynor was not happy to receive changes so late, on the day of the hearing. 
Ms. Escolar stated that he asked that lot 50 be added to Stipulation No. 30, which has been 
updated as Stipulation No. 29. 
Mr. Baugh offered to explain for the Chairman. 
Ms. Escolar stated the next request was related to Stipulation No. 34, which has been updated 
to Stipulation No. 33. This is related to the pedestrian bridge. It adds, “The Developer shall 
ATTACHMENT E

undertake reasonable efforts to work with SRP to fund and install…”, adding the fund part. 
Lastly, Stipulation No. 37, which has been updated to Stipulation No. 35, he is requesting that 
the Planning Hearing Officer through the public hearing process, include review and approval by 
the South Mountain Village. 
 
Ms. Escolar stated that the standard stipulation for PHO just includes review by the Village, and 
not approval. It is really semantics because they are a recommending body. 
 
Chairman Gaynor asked Mr. Baugh if he approved of these stipulation changes. 
 
Mr. Baugh stated that he did. 
 
Acting Vice-Chairperson Boyd stated that he was not comfortable putting on new stipulations 
that came in at 5:00 p.m. on the day of the hearing that he has not had the chance to review, 
and he is already on the verge of being a no, from his discomfort with the balance of stipulations 
that are going on a small subdivision and residential areas. This is getting to be a bit ridiculous, 
the amount we are going through, he stated. He thought that the proponent may be better suited 
bringing these up to Council where they can very easily add them on if they are well suited at 
that time. 
 
Commissioner Matthews asked if the Chair was entertaining a motion at this time. 
 
Chairman Gaynor asked him to proceed. 
 
Commissioner Matthews made a MOTION to approve Z-104-23-8, per the staff memo dated 
March 6, 2024, with the corollary that Stipulation No. 33 in that staff memo be stricken entirely.  
 
Acting Vice-Chairperson Boyd asked about Stipulation No. 31. 
 
Commissioner Hu asked to make a comment. 
 
Commissioner Matthews apologized and stated that he would rework his motion. He stated, 
MOTION to approve Z-104-23-8, per the staff memo dated March 6, 2024, with the noted 
revisions in Stipulation No. 31 regarding its proportionate share of, and with Stipulation No. 33 
completely stricken, and with “and walls” stricken in Stipulation No. 37. 
 
Commissioner Gorraiz SECONDED the motion. 
 
Ms. Escolar interjected and asked for confirmation. She asked Commissioner Matthews if he 
asked for the deletion of Stipulation No. 33 or just the update to strike out “and maintain”. 
 
Commissioner Matthews stated, regarding Stipulation No. 33, the motion was to strike the 
entirety of Stipulation No. 33. 
 
Ms. Escolar asked him to confirm his motion for Stipulation No. 37. 
 
Commissioner Matthews responded, just striking the “…and walls”. 
 
Ms. Escolar stated that is already reflected in the memo and is not necessary in the motion. 
 
Commissioner Hu commented on Stipulation No. 33. Although she agrees that this is not an 
enforceable stipulation or a challenging one, as a resident of South Mountain, often when they 
walk around the canal having this pedestrian bridge and having good faith of working with a 
developer and the community desire to create more walkability and access around a nice multi-

use trail is something very desirable. She hoped that the developer would in good faith continue 
to work with the neighborhood and provide amenities to this area. 
 
Commissioner Matthews shared a quick comment to clarify his reasoning for striking Stipulation 
No. 33. Typically, they try to tie infrastructure improvements like this to the impact that the 
developer is having. He does not see that connection here necessitating, similar to the traffic 
light, that the developer would cause such pedestrian traffic to necessitate a bridge at this point. 
 
Chairman Gaynor called for a vote. The motion passed with a vote of 8-0.  
  
Motion details: Commissioner Matthews made a MOTION to approve Z-104-23-8 per the staff 
memo dated March 6, 2024, with the noted modification to stipulation 31 (as requested by the 
applicant) and deletion to stipulation 33. 
 
            Maker: Matthews 
            Second: Gorraiz 
            Vote: 8-0 
            Absent: Busching          
            Opposition Present: No 
  
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. 
 
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.  
 
 
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 AND MAINTAINED, as 
approved by the Planning and Development Department. 
 
 
9. 
The sidewalk along 36th Street shall be a minimum of five feet in width 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. 
IN ADDITION TO THE Only landscape materials listed in the Baseline Area Master 
Plan Plant List CERCIDIUM HYBRID (DESERT MUSEUM PALO VERDE), QUERCUS 
VIRGINIANA (LIVE OAK), AND PISTACIA X 'RED-PUSH (RED PUSH PISTACHE), 
MAY BE PERMITTED AS APPROVED BY PLANNING AND DEVELOPMENT 
DEPARTMENT AND shall be utilized throughout the subdivision including the front, 
side, and rear yards of individual residential lots. This restriction shall be included in 
the Covenants, Conditions, and Restrictions for the subdivision. 
 
 
13. 
Landscaping in common areas shall be maintained by permanent and automatic/water 
efficient WaterSense labeled irrigation controllers (Smart Controller) to minimize

maintenance and irrigation water consumption for all on and offsite landscape 
irrigation. 
 
 
14. 
Pressure regulating sprinkler heads and drip lines shall be utilized in any turf areas to 
reduce water waste. 
 
 
15. 
Natural turf shall only be utilized on individual single-family lots (behind the front yard); 
required retention areas (bottom of basin), and functional turf areas within common 
areas, as approved by the Planning and 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 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.

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If Phase I data testing is required, and if, upon review of the results from the Phase I 
data testing, the City Archaeologist, in consultation with a qualified archaeologist, 
determines such data recovery excavations are necessary, the applicant shall conduct 
Phase II archaeological data recovery excavations. 
 
 
26. 
In the event archaeological materials are encountered during construction, the 
developer shall immediately cease all ground-disturbing activities within a 33-foot 
radius of the discovery, notify the City Archaeologist, and allow time for the 
Archaeology Office to properly assess the materials. 
 
 
27. 
Prior to final site plan approval, the landowner shall execute a Proposition 207 waiver 
of claims form. The waiver shall be recorded with the Maricopa County Recorder's 
Office and delivered to the City to be included in the rezoning application file for 
record. 
 
 
28. 
BENCH SEATING SHALL BE PROVIDED NEAR THE WESTERN PEDESTRIAN 
CONNECTION, LOCATED BETWEEN LOTS 39 AND 50, AS DEPICTED ON THE 
SITE PLAN DATE STAMPED JANUARY 17, 2024, AND AS APPROVED BY THE 
PLANNING AND DEVELOPMENT DEPARTMENT. 
 
 
29. 
A SIDEWALK SHALL NOT BE REQUIRED ALONG OPEN SPACE TRACT D. 
 
 
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29. 
AT LEAST 50% OF THE RESIDENTIAL HOMES ABUTTING THE CANAL (LOTS 28 
THROUGH 39, AS DEPICTED ON THE SITE PLAN DATE STAMPED JANUARY 17, 
2024) SHALL BE A MAXIMUM OF ONE STORY OR 15 FEET IN HEIGHT, AS 
APPROVED BY THE PLANNING AND DEVELOPMENT DEPARTMENT. 
 
 
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30. 
THE APPLICANT DEVELOPER SHALL PROVIDE EVIDENCE OF UNDERTAKING 
REASONABLE EFFORTS TO WORK WITH THE ADJACENT HOMEOWNERS 
ASSOCIATION TO THE NORTH, TO CLOSE OFF THE FORMER ACCESS DRIVE 
EAST OF THE GROVES AT BASELINE SUBDIVISION BY INSTALLING A SOLID 4-
FOOT TALL BLOCK WALL WITH A 2-FOOT VIEW FENCE ATOP, AT THE 
NORTHEAST CORNER OF THE PROPERTY SITE AND AT THE DRIVEWAY 
ENTRANCE ALONG BASELINE ROAD, WITH A LOCKED ACCESS GATE ON THE 
SOUTH END FOR MAINTENANCE AS NEEDED. 
 
 
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31. 
THE APPLICANT SHALL SUBMIT A TRAFFIC IMPACT STUDY TO THE PHOENIX 
STREETS AND TRANSPORTATION DEPARTMENT TO DETERMINE THE SCOPE 
OFFSITE IMPROVEMENTS REQUIRED AT 36th STREET AND BASELINE ROAD. 
 
A TRAFFIC IMPACT ANALYSIS (TIA) SHALL BE SUBMITTED TO THE CITY FOR 
THIS DEVELOPMENT. NO PRELIMINARY APPROVAL OF PLANS SHALL BE 
GRANTED UNTIL THE ANALYSIS IS REVIEWED AND APPROVED BY THE 
STREET TRANSPORTATION DEPARTMENT. THE TIA SHALL INCLUDE SIGNAL 
WARRANT ANALYSIS FOR 36TH STREET AND BASELINE ROAD. IF THE 
APPROVED TIA DETERMINES THAT A SIGNAL IS WARRANTED AND IS 
APPROVED BY THE STREET TRANSPORTATION DEPARTMENT FOR 
INSTALLATION, THE DEVELOPER SHALL BE RESPONSIBLE FOR ITS 
PROPORTIONATE SHARE OF THE FUNDING AND CONSTRUCTION OF ALL 
RECOMMENDATIONS OF THE ANALYSIS. 
 
 
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32. 
THE SUBDIVISION SHALL HAVE NO MORE THAN 61 LOTS.

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33. 
EITHER THE DEVELOPER SHALL UNDERTAKE REASONABLE EFFORTS TO 
WORK WITH SRP TO INSTALL AND MAINTAIN A PUBLIC PEDESTRIAN BRIDGE 
SHALL BE INSTALLED ACROSS THE HIGHLINE CANAL AT THE PUBLIC 
SIDEWALK NEAR 36TH STREET, SUBJECT TO APPROVAL BY SRP AND THE 
CITY OF PHOENIX, OR $50,000 SHALL BE DEPOSITED WITH THE CITY OF 
PHOENIX TO SUPPORT THE CITY’S CANAL BANK GUIDELINES ENCOURAGING 
PUBLIC PEDESTRIAN BRIDGES ACROSS THE CANAL.  
 
 
35. 
 
ANY GRADING AND DRAINAGE PLAN SHALL CONSIDER THE IMPACT OF A 
POTENTIAL BREACH OF THE HIGHLINE CANAL. 
 
 
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34. 
33. 
OUTSIDE HOUSE LIGHT BRIGHTNESS SHALL NOT EXCEED 3,000 LUMENS PER 
FIXTURE.  
 
ON-SITE LIGHTING WITHIN OPEN SPACE AREAS SHALL BE ACCOMPLISHED 
WITH LOW LEVEL, UNIFORM LIGHTING FIXTURES DISPERSED THOROUGHOUT 
THE SITE WITH A LUMEN RATING OF 3,000 OR LESS. 
 
 
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35. 
34. 
THE CONCEPTUAL ELEVATIONS FOR FUTURE DEVELOPMENT (NEW HOMES) 
SHALL BE REVIEWED AND APPROVED, WITH SPECIFIC REGARD TO THE 
SINGLE-FAMILY DESIGN REVIEW GUIDELINES, BY THE PLANNING HEARING 
OFFICER THROUGH THE PUBLIC HEARING PROCESS, INCLUDING REVIEW 
AND APPROVAL 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, THE PLANNING AND 
DEVELOPMENT DEPARTMENT, AND THE GUIDELINES OF SINGLE-FAMILY 
DESIGN REVIEW. 
 
 
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36. 
35. 
ANY INVASIVE PLANTS SHALL NOT BE ALLOWED BE REMOVED BY THE 
DEVELOPER AND ANY HOMEOWNERS ASSOCIATION. 
 
 
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37. 
36. 
NATIVE MATERIALS, OR SIMILAR MATERIALS, SHALL BE USED FOR ALL 
EXTERIOR PERIMETER WALL COLUMNS AND WALLS, AS APPROVED BY THE 
PLANNING AND DEVELOPMENT DEPARTMENT. 
  
This publication can be made available in alternate format upon request. Please contact Teleia 
Galaviz at 602-291-2559, teleia.galaviz@phoenix.gov, TTY: Use 7-1-1.