Attachment D - PC Summary - Z-42-20-2.pdf
Extracted text (via pymupdf)
9157 characters
REPORT OF PLANNING COMMISSION ACTION November 5, 2020 ITEM NO: 12 DISTRICT NO.: 2 SUBJECT: Application #: Z-42-20-2 Location: Northeast and southeast corners of Black Canyon Highway and the Dynamite Boulevard alignment From: S-1 To: R-3A Acreage: 11.01 Proposal: Multifamily Residential Applicant: DHI Communities Owner: Fortress RV Storage, LLC Representative: Nick Wood, Esq - Snell & Wilmer, LLP ACTIONS: Staff Recommendation: Approval, subject to stipulations. Village Planning Committee (VPC) Recommendation: Deer Valley 10/15/2020 Approval, per the staff recommendation. Vote: 10-1. Planning Commission Recommendation: Approval, per the Deer Valley Village Planning Committee recommendation, with an additional stipulation and a modified stipulation. Motion Discussion: Noel Griemsmann stated that the stipulation they wanted to discuss was related to the request to put a sidewalk along the Black Canyon corridor. Because that land is controlled by ADOT, they wanted to request that instead of using the standard City boiler plate stipulation, they refer to ADOT’s direction. He prefers to have that stipulation modified to allow for the sidewalk to be installed if requested by ADOT, and to their standards. During the preliminary site planning process, they will be able to work with ADOT to confirm exactly what they will need and require, so they do not have a conflict between City standard and what ADOT may request. Chairman Johnson asked Ms. Escolar how Commissioner Howard should adjust the stipulation when making the motion. Ms. Escolar stated that Stipulation No. 4 is related to the sidewalks. She stated that we would add, “if requested by ADOT, a sidewalk shall be installed along the Black Canyon Freeway frontage road, per the ADOT standards.” Commissioner Howard made a MOTION to approve Z-42-20-2, per the Deer Valley Village Planning Committee recommendation, with the additional stipulations as read into the record. Attachment D Commissioner Mangum seconded the motion. Chairman Johnson stated that he assumed the was referring to Stipulation No. 4. Commissioner Howard responded that was correct. Chairman Johnson asked Ms. Escolar if she agreed with the way the motion was made, to make the adjustment. Ms. Escolar responded yes. It is per the Village Planning Committee recommendation with the additional stipulations as read into the record. That includes the modification to Stipulation No. 4. Mr. Griemsmann asked for clarification. He asked if the language in the staff report would be deleted and replaced with what she just stated. Ms. Escolar responded no. It would retain the stipulation as is in No. 4 but would add in what was read into the record, to the end of the stipulation. Mr. Griemsmann stated that he would like to delete the a and b subsections. He stated that they would be adding nice landscaping as part of their landscaping package, but again, his concern was the conflict with utilities or anything that ADOT may or may not want. Ms. Escolar stated that she would reread the requested stipulation. She stated that, “A sidewalk shall be provided along Black Canyon Freeway frontage road, if requested by ADOT and shall be installed per ADOT standards.” Mr. Griemsmann stated correct, that would be all. Commissioner Howard stated that he would withdraw his previous motion. Commissioner Howard made a MOTION to approve Z-42-20-2, per the Deer Valley Village Planning Committee recommendation, the additional stipulation as just read into the record by staff and modifying Stipulation No. 4 regarding the sidewalk being per ADOT standards. Commissioner Mangum seconded the motion. Motion details: Commissioner Howard made a MOTION to approve Z-42-20-2, per the Deer Valley Village Planning Committee recommendation, the additional stipulation as just read into the record by staff and modifying Stipulation No. 4 regarding the sidewalk being per ADOT standards. Maker: Howard Second: Mangum Vote: 8-0 (Conflict: Shank) Absent: None Opposition Present: No Findings: 1. The request is consistent with the General Plan Land Use Map designation of Mixed Use (Commerce/Business Park or 15+ dwelling units per acre). 2. As stipulated, the proposed development is compatible with the existing zoning and uses in the surrounding area. 3. The proposal will help achieve the goals of the City of Phoenix Housing Plan. Stipulations: 1. The maximum building height shall be 38 feet. 2. The development shall be limited to a maximum of 260 units. 3. All elevations of the buildings shall contain architectural embellishments and detailing such as textural changes, pilasters, offsets, recesses, variation in window size and location, and/or other overhang canopies, as approved by the Planning and Development Department. 4. The sidewalk along the Black Canyon Freeway Frontage Road shall be detached with a minimum five-foot-wide landscape area located between the sidewalk and back of curb and planted to the following standards, as approved by the Planning and Development Department. A SIDEWALK SHALL BE PROVIDED ALONG BLACK CANYON FREEWAY FRONTAGE ROAD, IF REQUESTED BY ADOT AND SHALL BE INSTALLED PER ADOT STANDARDS. a. Minimum 3-inch caliper large canopy, single-trunk, shade trees placed a minimum of 25 feet on center or equivalent groupings to provide a minimum of 75 percent shade on adjacent sidewalks. b. Drought tolerant shrubs and vegetative groundcovers. 5. An enhanced landscaped entry shall be provided at the main entryway into the development off of the frontage road with a minimum 300 square feet of landscaped area on each side of the entrance. The landscaped areas shall be planted and maintained with a variety of at least three different plant materials, as approved by the Planning and Development Department. 6. A minimum landscape setback of 20 feet shall be required along the west property line, along the frontage road, and shall include minimum 3-inch caliper large canopy shade trees planted a minimum of 20 feet on center or in equivalent groupings, as approved by the Planning and Development Department. 7. A minimum landscape setback of 20 feet shall be required along the south property line and shall include minimum 2-inch caliper trees planted a minimum of 20 feet on center or in equivalent groupings, as approved by the Planning and Development Department. 8. There shall be a minimum of two private open space amenity areas. Each area shall provide, at a minimum, two of the following active amenity elements or other similar elements, as approved by the Planning and Development Department: a. Swimming Pool b. Fire Pit c. Pavilion or Ramada d. Barbecue and Picnic Area 9. Perimeter walls adjacent to the frontage road and private drive to the south shall incorporate stone veneer, stonework, integral color CMU block or faux stone, and be compatible with the existing wall on the property line to the north, as approved by the Planning and Development Department. 10. The property owner shall record documents that disclose the existence, and operational characteristics of Phoenix Deer Valley Airport (DVT) 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. 11. The developer must file FAA Form 7460 and provide City FAA’s no hazard determination prior to construction permit approval, as per plans approved by the Planning and Development Department. 12. 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. 13. 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. 14. 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. 15. PRIOR TO PRELIMINARY 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. This publication can be made available in alternate format upon request. Please contact Tamra Ingersoll at (602) 534-6648, TTY use 7-1-1.