Attachment C - VPC Summary - Z-48-22-7.pdf

City of Phoenix — Formal (2024-02-07)

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City of Phoenix • Planning & Development Department 
200 West Washington Street, 3
rd Floor • Phoenix, Arizona  85003-1611 • (602) 262-6882 
Village Planning Committee Meeting Summary 
Z-48-22-7
Date of VPC Meeting 
December 11, 2023 
Request From 
RU-43 (Pending S-1) and S-1 
Request To 
R-2
Proposal 
Multifamily residential
Location 
Approximately 300 feet north of the northwest corner of 
35th Avenue and Minton Street   
VPC Recommendation 
Approval with a modification and an additional stipulation 
VPC Vote  
7-0
VPC DISCUSSION:
Three members of the public registered to speak on this item. 
Staff Presentation:  
Nayeli Sanchez Luna, staff, presented an overview of Z-48-22-7. Mrs. Sanchez Luna 
discussed the location of the site, the requested zoning designation, and the 
surrounding land uses. Mrs. Sanchez Luna provided an overview of the proposed 
development including the site plan and elevations. Mrs. Sanchez Luna concluded the 
presentation by summarizing the staff findings, providing the staff recommendation 
and proposed stipulations.  
Applicant Presentation: 
Jon Gillespie, representing the applicant with Pew & Lake, PLC, provided an overview 
of the proposed case. Mr. Gillespie provided an update on the annexation process for 
the site and summarized the proposed zoning designation noting the combability with 
the General Plan Land Use Map designation. Mr. Gillespie noted that the applicant 
has worked with the community and is providing over 30% of open space and three 
pedestrian connections to Carter Road. Mr. Gillespie added that the proposal included 
farmhouse architecture and electric vehicle charging infrastructure. Mr. Gillespie 
concluded his presentation by stating that all parking spaces would be 22-feet in 
length and displayed the clubhouse renderings.  
Questions From the Committee: 
Carlos Ortega stated his approval of the proposed elevations and site plans and 
ATTACHMENT C

Laveen Village Planning Committee 
Meeting Summary 
Z-48-22-7 
December 11, 2023 
Page 2 
 
 
City of Phoenix • Planning & Development Department 
200 West Washington Street, 3rd Floor • Phoenix, Arizona  85003-1611 • (602) 262-6882 
thanked the applicant for accommodating to Laveen’s development standards. Mr. 
Ortega noted that his only concern was the proposed two-story height adjacent to 
single-story family houses. Chair Linda Abegg agreed that the southeast corner was 
a concern. Mr. Gillespie stated that the distance between the building and the six-foot 
tall wall on the south was 31 feet.  
 
Mr. Ortega asked if windows are located on the south elevation. Mr. Gillespie stated 
that there are windows on all four sides.  
 
Chair Linda Abegg asked if there was a stepback for the garage and the unit. Mr. 
Gillespie stated that there was a smooth façade.   
 
Mr. Ortega asked for confirmation on pedestrian connections to the north. Mr. 
Gillespie confirmed.  
 
Rebecca Perrera asked if all the units were three-bedroom units. Mr. Gillespie 
confirmed. Ms. Perrera noted that she usually pushes back on multifamily 
development without any variety. Ms. Perrera noted that she appreciated the parking 
provided noting the three spaces per unit.  
 
Patrick Nasser-Taylor noted that he supported the proposed access via Carter Road 
rather than 35th Avenue.  
 
Vice Chair Hurd asked if all garages would be EV. Mr. Gillespie stated that all 
garages would have EV capabilities.  
 
Ms. Perrera asked if the landscape plan was updated with the new proposal. Mr. 
Gillespie stated that the landscape plan was not updated but that the stipulation 
would require enhanced planting standards.  
 
Chair Abegg asked for information regarding the parking calculations.  
 
Chair Abegg voiced her support and thanked the applicant for all the work that they 
put into the proposal.  
 
Mr. Ortega asked if a traffic study was completed for Carter Road. Mr. Gillespie 
noted that the applicant has worked closely with the Street Transportation Department, 
and they required the site to have access via Carter Road rather than 35th Avenue. 
Mr. Gillespie added that they are required to improve the south side of Carter Road.  
 
Public Comment:  
 
Laurencio Gardea stated that he was opposed to the proposed development and that 
he had an additional opposition letter from another property owner adjacent to the site. 
Mr. Gardea noted that his house was located southeast of the subject site and was 
opposed to the proposed height of two-stories and did not want windows to face his

Laveen Village Planning Committee 
Meeting Summary 
Z-48-22-7 
December 11, 2023 
Page 3 
 
 
City of Phoenix • Planning & Development Department 
200 West Washington Street, 3rd Floor • Phoenix, Arizona  85003-1611 • (602) 262-6882 
property. Mr. Gardea noted that his house is not directly accessible via 35th Avenue 
and would require access to Carter Road. Mr. Gardea added that he didn’t want the 
new development to result in complaints about his property’s ranchette characteristics. 
Mr. Gardea stated that he has been unable to develop his property and that he had 
concerns regarding safety towards his children and family. Mr. Gardea concluded his 
comment by stating that the proposal would negatively affect his property.  
 
Phil Hertel noted that the proposed density was still too high. Mr. Hertel added that 
additional parking spaces were located too far away from the units and asked how that 
would be ADA compliant. Mr. Hertel added that proposed elevations and landscape 
plan were insufficient. Mr. Hertel concluded his comment by stating that building 
breaks should be provided along 35th Avenue and that the case should be continued 
so that the applicant could present to the LCRD.  
 
Jack Purvis asked if the garages were located on the first floor. Mr. Gillespie 
confirmed. Mr. Purvis asked how the units would meet ADA standards if there were 
no units on the first floor. Mr. Nasser-Taylor stated that the proposed R-2 zoning does 
not require units on the first floor.  
  
Applicant Response:  
 
Mr. Gillespie stated that the rezoning case has a stipulation that requires tenants to 
be notified of ranchette characteristics in the surrounding area. Mr. Gillespie noted that 
the proposed units meet City Code standards and that they had met with the LCRD. 
Mr. Gillespie added that they were willing present to the LCRD again before Planning 
Commission. Mr. Gillespie noted that the proposed elevations create façade brakes 
along 35th Avenue by having architectural features such as pitched roofs, metal 
beams, and canopies.  
 
Committee Discussion:  
 
Chair Abegg asked if the applicant was willing to increase the landscape setback to 
include 3-inch caliper trees and require 25% 3-inch caliper trees in the designated 
open space area. Mr. Gillespie stated that he agreed to a stipulation requiring 25% of 
the trees should be 3-inch caliper. Chair Abegg stated that she supported 3-inch 
caliper trees on the southeastern half of the site, to buffer adjacent to existing 
residential homes. Mr. Gillespie stated that he was supportive of 3-inch caliper trees 
on the southeast half or the entire south landscape setback. Chair Abegg stated that 
she was supportive of a stipulation that would require 3-inch caliper trees on the 
southeastern half of the site. Mr. Nasser-Taylor asked if the southern setback was 
large enough to accommodate 3-inch caliper trees. Chair Abegg asked if the trees 
would be planted 20 feet on center. Mr. Gillespie confirmed. Mr. Ortega stated that 
the applicant could come back at a later date with a landscape plan. Mr. Gillespie 
stated that a stipulation would be preferred but that the applicant would return if there 
were any concerns. Chair Abegg stated that she has seen large trees in similar 
landscape setbacks.

Laveen Village Planning Committee 
Meeting Summary 
Z-48-22-7 
December 11, 2023 
Page 4 
 
 
City of Phoenix • Planning & Development Department 
200 West Washington Street, 3rd Floor • Phoenix, Arizona  85003-1611 • (602) 262-6882 
 
Vice Chair Hurd asked if the elevations had three accent materials. Chair Abegg 
confirmed that the staff findings identified three accent materials and that staff had 
stipulated general conformance.  
 
Motion:  
Rebecca Perrera motioned to recommend approval for Z-48-22-7 per the staff 
recommendation with a modification to Stipulation No. 4 regarding the caliper tree size 
throughout the site and the following additional stipulation:  
• The southeastern half of the landscape setback shall be planted with 100% 3-
inch caliper trees.  
Vice Chair Stephanie Hurd seconded the motion.  
 
Vote:  
7-0, motion to recommend approval of Z-48-22-7 with a modification and an additional 
stipulation passed with Committee Members Barraza, Jensen, Nasser-Taylor, Ortega, 
Perrera, Hurd, and Abegg in favor. 
 
Recommended Stipulations:  
 
1. 
The development shall be in general conformance with the site plan date 
stamped October 31, 2023, as modified by the following stipulations and 
approved by the Planning and Development Department. 
 
 
2. 
The development shall be in general conformance with the elevations date 
stamped July 14, 2023, as modified by the following stipulations and 
approved by the Planning and Development Department. 
 
 
3. 
Traffic calming measures shall be provided at all site entries and exits to 
slow down vehicular speeds as they approach sidewalks, as approved by 
the Planning and Development Department. 
 
 
4. 
The required landscape setbacks THROUGHOUT THE SITE shall be 
landscaped with 25% 3-INCH CALIPER TREES AND 75% 2-inch caliper 
single-trunk large canopy drought-tolerant shade trees, planted 20 feet on 
center or in equivalent groupings, as approved by the Planning and 
Development Department. 
 
 
5. 
THE SOUTHEASTERN HALF OF THE LANDSCAPE SETBACK SHALL 
BE PLANTED WITH 100% 3-INCH CALIPER TREES. 
 
 
5. 
6. 
The primary vehicular entrance to the development shall include the 
following elements, as approved by the Planning and Development 
Department: 
 
 
 
a. Pedestrian pathways connecting the interior of the development to

Laveen Village Planning Committee 
Meeting Summary 
Z-48-22-7 
December 11, 2023 
Page 5 
 
 
City of Phoenix • Planning & Development Department 
200 West Washington Street, 3rd Floor • Phoenix, Arizona  85003-1611 • (602) 262-6882 
the public sidewalks along both sides of the vehicular driveway. 
 
  
 
b. The pedestrian pathways shall be detached from the vehicular 
driveway and lined with landscape areas on both sides of not less 
than 5 feet each. The landscape area shall be planted with drought-
tolerant plant materials providing seasonal interest. 
 
  
 
c. A minimum 5-foot-wide landscape median, planted with a variety of at 
least three plant materials, and minimum 2-inch caliper, single-trunk, 
large canopy, drought-tolerant shade trees planted 20 feet on center 
or in equivalent groupings. 
 
  
 
d. The entry driveway surface shall be constructed of decorative pavers, 
stamped or colored concrete, or another material, other than those 
used to pave the parking surfaces, as approved by the Planning and 
Development Department. 
 
 
6. 
7. 
If fencing is proposed, open view fencing or a combination of maximum two 
feet of solid masonry topped by open view fencing shall be utilized along the 
north and east perimeter, as approved by the Planning and Development 
Department. 
 
 
7. 
8. 
A perimeter wall no less than 6 feet in height shall be provided along the 
southern and western portion of the site, as approved by the Planning and 
Development Department. 
 
 
8. 
9. 
A minimum of 15% of the gross site area shall be retained as open space. 
 
 
9. 
10. 
All uncovered surface parking lot area shall be landscaped with minimum 2-
inch caliper size large canopy drought tolerant shade trees. Landscaping 
shall be dispersed throughout the parking area and achieve 25% shade at 
maturity, as approved by Planning and Development Department. 
 
 
10. 
11. 
Where pedestrian walkways cross a vehicular path, the pathway shall be 
constructed of decorative pavers, stamped or colored concrete, or other 
pavement treatments that visually contrast parking and drive aisle surfaces, 
as approved by the Planning and Development Department. 
 
 
11. 
12. 
All pedestrian walkways, including sidewalks, shall be shaded by a 
structure, landscaping at maturity, or a combination of the two to provide 
minimum 75% shade, as approved by the Planning and Development 
Department. 
 
 
12. 
13. 
A minimum of three pedestrian connections shall be provided from the 
development to the sidewalk along Carter Road, as approved by the

Laveen Village Planning Committee 
Meeting Summary 
Z-48-22-7 
December 11, 2023 
Page 6 
 
 
City of Phoenix • Planning & Development Department 
200 West Washington Street, 3rd Floor • Phoenix, Arizona  85003-1611 • (602) 262-6882 
Planning and Development Department. 
 
 
13. 
14. 
The development shall incorporate bicycle infrastructure as described below 
and approved by the Planning and Development Department. 
 
 
 
a. Bicycle parking spaces shall be provided through Inverted U and/or 
artistic racks located near the community center and/or clubhouse 
and open space areas and installed per the requirements of Section 
1307.H. of the Phoenix Zoning Ordinance. Artistic racks shall adhere 
to the City of Phoenix Preferred Designs in Appendix K of the 
Comprehensive Bicycle Master Plan. 
 
  
 
b. Guest bicycle parking shall be provided at a minimum rate of 0.05 
spaces per unit, up to a maximum of 50 spaces, located near building 
entrances and within amenity areas. 
 
  
 
c. All bicycle infrastructure shall be shaded by a structure, landscaping 
at maturity, or a combination of the two to provide minimum 75% 
shade, as approved by the Planning and Development Department. 
 
  
 
d. A bicycle repair station (“fix it station”) shall be provided and 
maintained on site within an amenity area or near a primary site 
entrance. The bicycle repair station (“fix it station”) shall be provided 
in an area of high visibility and separated from vehicular maneuvering 
areas, where applicable. The repair station shall include, but not be 
limited to standard repair tools affixed to the station, a tire gauge and 
pump affixed to the base of the station or the ground, and a bicycle 
repair stand which allows pedals and wheels to spin freely while 
making adjustments to the bike. 
 
  
 
e. A minimum of 10% of the required bicycle parking spaces shall 
include standard electrical receptacles for electric bicycle charging 
capabilities, as approved by the Planning and Development 
Department. 
 
 
14. 
15.  
A minimum of 10% of the required parking spaces shall be EV Ready. 
 
 
15. 
16. 
The developer shall dedicate 25-feet of right-of-way and construct the south 
side of Carter Road, as approved by the Planning and Development 
Department. 
 
 
16. 
17. 
A minimum 5-foot-wide detached sidewalk separated by a minimum 5-foot-
wide landscape strip shall be constructed along the south side of Carter 
Road, adjacent to the development, planted to the following standards and 
maintained with a watering system, as approved by the Planning and

Laveen Village Planning Committee 
Meeting Summary 
Z-48-22-7 
December 11, 2023 
Page 7 
 
 
City of Phoenix • Planning & Development Department 
200 West Washington Street, 3rd Floor • Phoenix, Arizona  85003-1611 • (602) 262-6882 
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 shrubs, accents, and vegetative groundcovers with a 
maximum mature height of two feet to achieve a minimum of 75% live 
coverage at maturity. 
 
 
 
Where utility conflicts exist, the developer shall work with the Planning and 
Development Department on an alternative design solution consistent with a 
pedestrian environment. 
 
 
17. 
18. 
The developer shall close the existing median opening adjacent to the site 
and construct a new median opening at 35th Avenue and Carter Road, as 
approved by the Planning and Development and Street Transportation 
Departments. 
 
 
18. 
19. 
The developer shall construct all streets within and adjacent to the 
development with paving, curb, gutter, sidewalk, curb ramps, streetlights, 
median islands, landscaping and other incidentals, as per plans approved by 
the Planning and Development Department. All improvements shall comply 
with all ADA accessibility standards. 
 
 
19. 
20. 
The property owner shall record documents that disclose the existence, and 
operational characteristics of Phoenix Sky Harbor International Airport 
(PHX) 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. 
 
 
20. 
21. 
Prior to final site plan approval, the property owner shall record documents 
that disclose to purchasers of property within the development(s) the 
existence and operational characteristics of nearby existing ranchettes and 
animal privilege private properties that may cause adverse noise, odors, 
dust, and other externalities 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. The disclosures shall be noted 
in the CC&Rs in a section titled “nuisances”. 
 
 
21. 
22. 
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. 
 
 
22. 
If Phase I data testing is required, and if, upon review of the results from the

Laveen Village Planning Committee 
Meeting Summary 
Z-48-22-7 
December 11, 2023 
Page 8 
 
 
City of Phoenix • Planning & Development Department 
200 West Washington Street, 3rd Floor • Phoenix, Arizona  85003-1611 • (602) 262-6882 
23. 
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. 
 
 
23. 
24. 
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. 
 
 
24. 
25.  
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. 
 
Staff comments regarding VPC Recommendation:  
 
Staff recommends modifying Stipulation No. 5 to clarify the area to be planted with all 
three-inch caliper trees.