Name: Formal Meeting — City Council Formal Meeting — Dec 7, 2022
Start: 2022-12-07

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Meeting City Council Formal Meeting-12/7/2022 complete

2022-12-07 · Formal

Item text

(CONTINUED FROM NOV. 2, 2022) - Public Hearing and Ordinance Adoption -
Planning Hearing Officer Application PHO-2-22--Z-47-17-8 - Approximately 130
feet North of the Northwest Corner of 19th Avenue and Latona Lane (Ordinance
G-7054)

Request to hold a public hearing and authorize the City Manager, or his designee, to
consider the Planning Commission recommendation by the City Council on matters
heard by the Planning Hearing Officer on Aug. 17, 2022, and the Planning Commission
on Oct. 6, 2022.

Summary
Application: PHO-2-22--Z-47-17-8
Existing Zoning: R1-10
Acreage: 5.12

Owner: Bella Rosa Partners, LLC
Applicant and Representative: Terrascape Consulting, LLC

Proposal:
1. Modification of Stipulation 1 regarding general conformance with the site plan date
stamped July 28, 2017.
2. Review of conceptual elevations by the Planning Hearing Officer per Stipulation 4.

Concurrence/Previous Council Action
VPC Action: The South Mountain Village Planning Committee heard this case on Aug.
9, 2022, and recommended approval by a vote of 7-4.
PHO Action: The Planning Hearing Officer heard this case on Aug. 17, 2022, and
recommended approval with modifications and additional stipulations.
Staff Recommendation: Approval, per the Planning Hearing Officer recommendation.
PC Action: The Planning Commission heard this case on Oct. 6, 2022, and
recommended approval, per the Planning Hearing Officer recommendation.
The Planning Commission recommendation was appealed by a community member
on Oct. 11, 2022.

Page 501

Location
Approximately 130 feet north of the northwest corner of 19th Avenue and Latona Lane
Council District: 8
Parcel Address: 8030 S. 19th Ave.

Responsible Department
This item is submitted by Deputy City Manager Alan Stephenson and the Planning and
Development Department.

Page 502
ATTACHMENT A

THIS IS A DRAFT COPY ONLY AND IS NOT AN OFFICIAL COPY OF THE FINAL,
ADOPTED ORDINANCE

ORDINANCE G-

AN ORDINANCE AMENDING THE STIPULATIONS APPLICABLE TO
REZONING APPLICATION Z-47-17-8 PREVIOUSLY APPROVED BY
ORDINANCE G-6560.

____________

BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PHOENIX, as

follows:

SECTION 1. The zoning stipulations applicable located approximately

130 feet north of the northwest corner of 19th Avenue and Latona Lane in a portion of

Section 1, Township 1 South, Range 2 East, as described more specifically in

Attachment “A”, are hereby modified to read as set forth below.

STIPULATIONS:

1. The development shall be in general conformance with the site plan date
stamped JUNE 30, 2022 July 28, 2017, as modified by the following
stipulations and approved by the Planning and Development
Department, WITH SPECIFIC REGARD TO THE FOLLOWING:

A. THE SITE PLAN SHALL DEPICT STAGGERED FRONT
SETBACKS FOR COVERED BUILDING ELEMENTS, SUCH THAT
ANY TWO ADJACENT LOTS SHALL PROVIDE A MINIMUM
VARIATION IN FRONT SETBACK OF 4 FEET.

2. All sidewalks shall be detached with a minimum 5-foot wide landscaped
strip located between the sidewalk and back of curb and shall include a
minimum 2-inch caliper shade trees planted a minimum of 20 feet on
center or equivalent groupings staggered along both sides of the
sidewalk, as approved by the Planning and Development Department.

Page 503
The landscape strip shall be installed by the developer and maintained
by the HOA.

3. Architectural elevations shall be presented to the South Mountain Village
Planning Committee for review and comment prior to final site plan
approval.

4. Conceptual elevations shall be reviewed and approved for consistency
with the Rio Montaña Area Plan 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.

THE DEVELOPMENT SHALL BE IN GENERAL CONFORMANCE WITH
THE ELEVATIONS DATE STAMPED AUGUST 17, 2022, AS MODIFIED
BY THE FOLLOWING STIPULATIONS AND APPROVED BY THE
PLANNING AND DEVELOPMENT DEPARTMENT.

5. COVERED PORCHES A MINIMUM OF SIXTY SQUARE FEET IN AREA
AT A DEPTH OF AT LEAST SIX FEET SHALL BE PROVIDED IN THE
FRONT YARD OF FIFTY PERCENT OF THE HOMES IN A
SUBDIVISION. NO PORCH SHALL TERMINATE WITHIN THE PLANE
OF A DOOR OR WINDOW.

6. The perimeter wall adjacent to 19th Avenue shall include minimum 3-foot
5. offsets at a minimum spacing of every 50 feet and material and textural
differences, such as stucco and/or split face block with a decorative
element, such as tile, glass insets, or stamped designs, as approved by
the Planning and Development Department.

7. Fence and wall materials adjacent to common areas and open space as
6. depicted on the site plan date stamped July 28, 2017 shall consist of
wrought iron, split rail, corral fencing, or a combination of 3 feet of solid
masonry topped by open wrought iron or a similar material, or a
combination of the aforementioned fence types and open farm fencing,
as approved by the Planning and Development Department.

8. THE DEVELOPER SHALL DEDICATE MINIMUM 50-FEET OF RIGHT-
OF-WAY ALONG THE WEST SIDE OF 19TH AVENUE.
IMPROVEMENTS SHALL INCLUDE A MINIMUM 5-FOOT-WIDE
DETACHED SIDEWALK AND MINIMUM 11-FOOT-WIDE LANDSCAPE
STRIP LOCATED BETWEEN THE BACK OF CURB AND SIDEWALK,
AS APPROVED OR MODIFIED BY THE PLANNING AND
DEVELOPMENT DEPARTMENT. LANDSCAPE STRIP PLANTING
REQUIREMENTS TO BE APPROVED BY PLANNING AND
DEVELOPMENT.

Page 504
9. The developer shall dedicate right-of-way totaling 25 feet for the east half
7. of 20th Avenue, as approved by the Planning and Development
Department

10. The developer shall construct all streets within and adjacent to the
8. 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.

11. In the event archaeological materials are encountered during
9. 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.

12. The property owner shall record documents that disclose the existence,
10. 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.

13. 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.

SECTION 2. Due to the site’s specific physical conditions and the use

district granted pursuant to Ordinance G-6560 this portion of the rezoning is now

subject to the stipulations approved pursuant to Ordinance G-6560 and as modified in

Section 1 of this Ordinance. Any violation of the stipulation is a violation of the City of

Phoenix Zoning Ordinance. Building permits shall not be issued for the subject site

until all the stipulations have been met.

SECTION 3. If any section, subsection, sentence, clause, phrase or

portion of this ordinance is for any reason held to be invalid or unconstitutional by the

Page 505
decision of any court of competent jurisdiction, such decision shall not affect the

validity of the remaining portions hereof.

PASSED by the Council of the City of Phoenix this 2nd day of November,

2022.

________________________________
MAYOR

ATTEST:

_________________________
Denise Archibald, City Clerk

APPROVED AS TO FORM:
Cris Meyer, City Attorney

By:
_________________________
_________________________

REVIEWED BY:

_________________________
Jeffrey Barton, City Manager

Exhibits:
A - Legal Description (1 Page)
B - Ordinance Location Map (1 Page)

Page 506
EXHIBIT A

Located in the Northeast Quarter of Section 1, Township 1 South, Range 2 East, Gila
and Salt River Meridian, Maricopa County, Arizona. Described as follows:

Commencing at the East Quarter corner of said Section 1;

Thence North 01°00'21" East, along the East line of said Northeast Quarter, a
distance of 590.28 feet to the POINT OF BEGINNING;

Thence departing said East line, North 89°56'01" West, a distance of 658.57 feet;

Thence North 00°57'19" East, a distance of 336.90 feet;

Thence North 89°45'35" East, a distance of 658.94 feet to said East line;

Thence South 01°00'21" West, along said East line, a distance of 340.43 feet to the
POINT OF BEGINNING.

Containing 223,056.73 square feet or 5.12 acres, more or less.

Page 507
Page 508
Attachment B

Staff Report: PHO-2-22--Z-47-17-8

APPLICATION #: PHO-2-22--Z-47-17-8

LOCATION: Approximately 130 feet north of the northwest corner of 19th
Avenue and Latona Lane

EXISTING ZONING: R1-10

ACREAGE: 5.12

REQUEST: 1) Modification of Stipulation 1 regarding general conformance
with the site plan date stamped July 28, 2017.
2) Review of conceptual elevations by the Planning Hearing
Officer per Stipulation 4.

APPLICANT: Terrascape Consulting, LLC

OWNER: Bella Rosa Partners, LLC

REPRESENTATIVE: Terrascape Consulting, LLC

STAFF RECOMMENDATION

Approval with modifications and additional stipulations, as recommended by the Planning
Hearing Officer.

PLANNING HEARING OFFICER RECOMMENDATION

The Planning Hearing Officer heard the request on August 17, 2022 and recommended
approval with modifications and additional stipulations.

VILLAGE PLANNING COMMITTEE RECOMMENDATION

The South Mountain Village Planning Committee heard this request on August 9, 2022
and recommended approval by a vote of 7-4.

Page 509
Staff Report – PHO-2-22—Z-47-17-8
October 6, 2022 Planning Commission

BACKGROUND/ANALYSIS

The subject site consists of 5.12 gross acres located approximately 130 feet north of the
northwest corner of 19th Avenue and Latona Lane and is zoned R1-10 (Single-Family
Residence District). The subject property constitutes only the southern portion of the
11.15 gross acres included in original Rezoning Case No. Z-47-17.

The applicant requested modification of Stipulation 1 regarding general conformance with
the site plan date stamped July 28, 2017. The stipulated site plan (Exhibit H) depicted a
32-unit subdivision at a density of approximately 3.03 dwelling units per gross acre on the
full 11.15 gross acres of the original rezoning case area. Approximately 15 dwelling units
were depicted on the southern half of the site. The proposed conceptual site plan (Exhibit
G) depicts an 18-unit single-family subdivision at approximately 3.51 dwelling units per
gross acre. A single street terminating in a cul-de-sac on the western edge of the site is
proposed, and approximately 9 percent of the gross area would be reserved for common
area open space. The lots are 58 feet wide with minor variations around the cul-de-sac.

Building elevations were not provided in the original rezoning case. Stipulation 4 requires
that conceptual elevations be reviewed and approved for consistency with the Rio
Montaña Area Plan by the Planning Hearing Officer through the public hearing process.
The proposed conceptual elevations (Exhibit I) depict single-story homes at a maximum
height of approximately 19 feet 6 inches to the ridge. These proposed elevations were
also redesigned and resubmitted after the August 9, 2022 South Mountain Village
Planning Committee (VPC) meeting to address their recommended additional stipulation
regarding covered porches. The elevations depict a variety of building materials (stone
façade, composite siding, wood elements, brick veneer), multiple building colors,
variation in roof design, and multiple architectural features (wood posts, gable
ornamentation, varied window sizes, decorative garage panels).

The appellant argues that the proposed increase in density is not appropriate for this
community and does not provide any transition to S-1 zoned properties in the
surrounding area. The appellant states that she supports preservation of rural character,
consistency with the Rio Montaña Area Plan, single-story development, and a maximum
density of 3 dwelling units per gross acre.

PREVIOUS HISTORY

On January 10, 2018, the Phoenix City Council approved Rezoning Case No. Z-47-17-8,
a request to rezone approximately 11.15 gross acres located approximately 130 feet
north of the northwest corner of 19th Avenue and Latona Lane from S-1 (Ranch or Farm
Residence), R1-10 (Single-Family Residence District), and R1-18 (Single-Family
Residence District) to R1-10 (Single-Family Residence District), subject to stipulations.

On February 20, 2019, the Phoenix City Council approved a modification of Stipulation 3
as recommended by the Planning Hearing Officer regarding the timing of the elevation
review by the South Mountain VPC. This modification was intended to allow the VPC to

Page 510
Staff Report – PHO-2-22—Z-47-17-8
October 6, 2022 Planning Commission

review elevations prior to final site plan approval rather than preliminary site plan
approval. On August 9, 2022, the South Mountain VPC meeting reviewed the elevations
per Stipulation 3 as a separate agenda item from the PHO request and recommended
approval with two recommendations regarding staggered lots and front porches (Exhibit
K). For further discussion, see Planning Hearing Officer Finding #1.

NEIGHBORHOOD CONCERNS

Public Correspondence
Twelve letters of opposition were received regarding this request. Concerns expressed
include the following:

• Increase in density compared with the stipulated site plan (12 letters)
• Building height (12 letters)
• Reduction in open space compared with the stipulated site plan (11 letters)
• Enhanced setbacks along 19th and 20th Avenues (11 letters)
• Increased shade and heat mitigation measures (11 letters)
• Concern regarding Rio Montaña Area Plan conformity (11 letters)

GENERAL PLAN LAND USE MAP DESIGNATION

Residential 2 to 3.5 dwelling units per acre

CHARACTER OF SURROUNDING LAND USE

Zoning Land Use

On-site: R1-10 Vacant

North: R1-10 Vacant

South: S-1 Single-Family Residential

East: S-1 Tree Farm
(Across 19th Avenue)

West: S-1 Single-Family Residential
(Across 20th Avenue)

PLANNING HEARING OFFICER FINDINGS

The Planning Hearing Officer’s recommendation was based on the following findings:

1) The South Mountain Village Planning Committee (VPC) heard two agenda items
regarding this case at their August 9, 2022 meeting. The first (Agenda Item #7)

Page 511
Staff Report – PHO-2-22—Z-47-17-8
October 6, 2022 Planning Commission

was the PHO request itself. The second (Agenda Item #8) was for review and
comment on architectural elevations per the requirements of Stipulation 3. Note
that Stipulation 3 is redundant of, and less restrictive than, the requirement for
PHO review of conceptual elevations required by Stipulation 4. However, during
the review and comment item, the VPC made two recommendations regarding the
provision of staggered front setbacks and front porches. These recommendations
are addressed in these findings along with the consideration paid to the VPC’s
discussion during the PHO request itself.

2) The request to modify Stipulation 1 regarding general conformance with the site
plan is recommended for approval with modifications to provide more standard
conformance language and to add a new sub-stipulation requiring staggered front
setbacks.

The subject property includes only the southern 5.12 gross acres of the 11.15
gross acres rezoned in the original case. The stipulated site plan depicted a 32-
unit single-family subdivision at approximately 3.03 dwelling units per gross acre
and approximately 13.9% open space. Units were arranged around four cul-de-
sacs oriented north/south, with most of the open space along the west property
line. The street running east/west through the site terminated in an emergency
gate along the west property line.

The proposed conceptual site plan depicts an 18-unit single-family subdivision at
approximately 3.51 dwelling units per gross acre, with approximately 9% open
space. Units are arranged along a street running east/west through the site. The
street terminates in a cul-de-sac along the west property line. Most of the open
space is along the west property line. The proposal is substantially similar to the
stipulated site plan, with the caveat that it is designed with less than half of the
original area. The density remains below, and the open space above, Ordinance
standards. The proposal is compatible with existing development in the
surrounding area.

A new sub-stipulation is recommended requiring staggered front setbacks. This
recommendation is consistent with the recommendation of the South Mountain
Village Planning Committee. It is also consistent with design recommendations in
the Rio Montaña Area Plan (Page 39, Figure 71).

3) The applicant submitted conceptual elevations for review and approval per the
requirements of Stipulation 4. The stipulation has been complied with and is
recommended to be deleted and replaced with a standard language stipulation for
general conformance to the elevations provided. Stipulation 4 states that the
elevations submitted should be consistent with recommendations in the Rio
Montaña Area Plan. The elevations depict a variety of building materials (stone
façade, composite siding, wood elements, brick veneer), multiple building colors,
variation in roof design, and multiple architectural features (wood posts, gable
ornamentation, varied window sizes, decorative garage panels). This diversity is

Page 512
Staff Report – PHO-2-22—Z-47-17-8
October 6, 2022 Planning Commission

consistent with the Rio Montaña Area Plan and many of the design choices are
compatible with the rural and agricultural character described in the plan.

4) An additional stipulation is recommended to require front porches to be provided
per the requirements of the Baseline Area Overlay District (651.E.3.b.(4)). This
recommendation is consistent with the recommendation of the South Mountain
Village Planning Committee. It is also consistent with the Rio Montaña Area Plan
(Page 22; Page 23; Page 44, Figures 97 and 100) and the intent of Stipulation 4.

5) The Street Transportation Department recommends one additional stipulation
addressing required dedications, detached sidewalks, and landscaping along 19th
Avenue. This stipulation is recommended for inclusion.

19th Avenue is identified on the City Council Approved Street Classification Map
as a D-Section Arterial roadway. This cross section requires a total right-of-way
dedication of 50-feet where the last 10-feet may consider a 10-foot-wide sidewalk
easement. Within the ROW/sidewalk easement, an 11-foot-wide landscape strip
located between back of curb and sidewalk is required to create a separated
detached sidewalk and allow planting space for trees to mature and to adequately
shade the sidewalk.

While Stipulation 2 (not a part of this request) addresses detached sidewalks,
requiring a minimum 5-foot-wide landscape strip between back of curb and
sidewalk, this does not override the City Council approved Street Classification
Map. While all other detached sidewalks within the development may allow the 5-
foot-wide landscape strip, 19th Avenue cannot and shall comply with the
recommended stipulation as described.

6) The applicant did not submit a Proposition 207 waiver of claims prior to the
Planning Hearing Officer hearing. Submittal of this form is an application
requirement. An additional stipulation is recommended to require the applicant to
record this form and deliver it to the City to be included in the rezoning application
file for record.

PLANNING HEARING OFFICER RECOMMENDED STIPULATIONS

1. The development shall be in general conformance with the site plan date
stamped JUNE 30, 2022 July 28, 2017, as modified by the following
stipulations and approved by the Planning and Development
Department, WITH SPECIFIC REGARD TO THE FOLLOWING:

A. THE SITE PLAN SHALL DEPICT STAGGERED FRONT
SETBACKS FOR COVERED BUILDING ELEMENTS, SUCH THAT
ANY TWO ADJACENT LOTS SHALL PROVIDE A MINIMUM
VARIATION IN FRONT SETBACK OF 4 FEET.

Page 513
Staff Report – PHO-2-22—Z-47-17-8
October 6, 2022 Planning Commission

2. All sidewalks shall be detached with a minimum 5-foot wide landscaped
strip located between the sidewalk and back of curb and shall include a
minimum 2-inch caliper shade trees planted a minimum of 20 feet on
center or equivalent groupings staggered along both sides of the
sidewalk, as approved by the Planning and Development Department.
The landscape strip shall be installed by the developer and maintained
by the HOA.

3. Architectural elevations shall be presented to the South Mountain Village
Planning Committee for review and comment prior to final site plan
approval.

4. Conceptual elevations shall be reviewed and approved for consistency
with the Rio Montaña Area Plan 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.

THE DEVELOPMENT SHALL BE IN GENERAL CONFORMANCE WITH
THE ELEVATIONS DATE STAMPED AUGUST 17, 2022, AS MODIFIED
BY THE FOLLOWING STIPULATIONS AND APPROVED BY THE
PLANNING AND DEVELOPMENT DEPARTMENT.

5. COVERED PORCHES A MINIMUM OF SIXTY SQUARE FEET IN AREA
AT A DEPTH OF AT LEAST SIX FEET SHALL BE PROVIDED IN THE
FRONT YARD OF FIFTY PERCENT OF THE HOMES IN A
SUBDIVISION. NO PORCH SHALL TERMINATE WITHIN THE PLANE
OF A DOOR OR WINDOW.

6. The perimeter wall adjacent to 19th Avenue shall include minimum 3-foot
5. offsets at a minimum spacing of every 50 feet and material and textural
differences, such as stucco and/or split face block with a decorative
element, such as tile, glass insets, or stamped designs, as approved by
the Planning and Development Department.

7. Fence and wall materials adjacent to common areas and open space as
6. depicted on the site plan date stamped July 28, 2017 shall consist of
wrought iron, split rail, corral fencing, or a combination of 3 feet of solid
masonry topped by open wrought iron or a similar material, or a
combination of the aforementioned fence types and open farm fencing,
as approved by the Planning and Development Department.

Page 514
Staff Report – PHO-2-22—Z-47-17-8
October 6, 2022 Planning Commission

8. THE DEVELOPER SHALL DEDICATE MINIMUM 50-FEET OF RIGHT-
OF-WAY ALONG THE WEST SIDE OF 19TH AVENUE.
IMPROVEMENTS SHALL INCLUDE A MINIMUM 5-FOOT-WIDE
DETACHED SIDEWALK AND MINIMUM 11-FOOT-WIDE LANDSCAPE
STRIP LOCATED BETWEEN THE BACK OF CURB AND SIDEWALK,
AS APPROVED OR MODIFIED BY THE PLANNING AND
DEVELOPMENT DEPARTMENT. LANDSCAPE STRIP PLANTING
REQUIREMENTS TO BE APPROVED BY PLANNING AND
DEVELOPMENT.

9. The developer shall dedicate right-of-way totaling 25 feet for the east half
7. of 20th Avenue, as approved by the Planning and Development
Department

10. The developer shall construct all streets within and adjacent to the
8. 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.

11. In the event archaeological materials are encountered during
9. 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.

12. The property owner shall record documents that disclose the existence,
10. 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.

13. 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.

Exhibits
A – Appeal Document (2 pages)
B – Applicant’s Narrative (12 pages)
C – Aerial Map (1 page)
D – Zoning Map (1 page)
E – Recorded Ordinance from Rezoning Case No. Z-47-17 (5 pages)

Page 515
Staff Report – PHO-2-22—Z-47-17-8
October 6, 2022 Planning Commission

F – Sketch Map from Rezoning Case No. Z-47-17 (1 page)
G – Proposed Site Plan date stamped June 30, 2022 (1 page)
H – Stipulated Site Plan date stamped July 28, 2017 (2 pages)
I – Proposed Elevations date stamped August 17, 2022 (4 pages)
J – South Mountain Village Planning Committee Summary from August 9, 2022 for PHO-
2-22—Z-47-17-8 (4 pages)
K – South Mountain Village Planning Committee Summary from August 9, 2022 for
Review and Comment Item Regarding Stipulation 3 (4 pages)
L– PHO Summary for PHO-2-22—Z-47-17-8 from August 17, 2022 (9 pages)

Page 516
EXHIBIT A

Page 517
PLANNING HEARING OFFICER APPEAL
I HEREBY REQUEST THAT THE PLANNING COMMISSION/CITY COUNCIL HOLD
A PUBLIC HEARING ON:
CASE NUMBER: PHO-2-22—Z-47-17-8
LOCATION: Approximately 130 feet north of the northwest corner of
19th Avenue and Latona Lane
PHO HEARING DATE: August 17, 2022 RECEIVED: August 24, 2022

APPEALED BY: Opposition Applicant
APPEALED TO: October 6, 2022
PLANNING
COMMISSION
TENTATIVE DATE
November 2, 2022
CITY COUNCIL
TENTATIVE DATE
APPELLANT NAME AND ADDRESS/EMAIL: PHONE:
Jewel Clark
2020 West South Mountain Avenue
Phoenix, AZ 85041 480-664-9436
hjewelclark@fastmail.com

RECEIPT NUMBER:
REASON FOR REQUEST:

The community opposes the change from 3 houses/acre to 3.5 houses/acre on this
application b/c it does not align with current appropriate density or even appropriate
transition to the surrounding established properties, which are all S-1 Acre + homes.

The community has worked hard to keep our rural character by keeping density in
new developments low, no more than 3 houses/acre, and working with developers to
align better to the Rio Montana Plan, which guides Our area's look/feel. While we are
grateful the development will be all single story, we do not want this density held up
as a precedent for any future approvals in our area. It is a disappointing exception to
the rule.
TAKEN BY: Camryn Thompson

c: Alan Stephenson Adam Stranieri
Joshua Bednarek Greg Harmon
Tricia Gomes Brad Wylam
Racelle Escolar Victoria Cipolla-Murillo
Julie Garcia
Ben Ernyei - Posting
GIS Team

S:\Planning\Rezoning\Hearings\PHO\Appeals\2022\DRAFT - PHO Internal Appeal Form -
PHO-2-22-Z-47-17-8.doc updated 8/24/2022 vcm

Page 518
Page 519
EXHIBIT B

Page 520
Bella Rosa
8020 S. 19th Ave
APN 300-17-004M
TSC# 1394

June 30, 2022 (Revised July 8, 2022)

Adam Stranieri
Planning Hearing Officer
252 W. Washington Street
Phoenix, AZ 85003

RE: PHO Stipulation Modification Request for Z-47-17-8 / 2-22—Z-4717-8

On behalf of Bella Rosa 19 Partners LLC (“Developer”), Scapegoat/Terrascape (“Applicant”) is
providing a written request for a PHO stipulation modification request. The Developer is proposing
to construct a single-family housing community consisting of eighteen (18) lots on a 5.12-acre (4.61
net acres) parcel of land located approximately 1,700 feet south of the SWC of W. Baseline Road
and S. 19th Ave in Phoenix, Arizona with an APN# 300-17-004M, as shown in Figure 1 below.

Figure 1 – AERIAL MAP

CASE HISTORY

Z-47-17-8: The Site was rezoned from S-1 to R1-10 PRD approved by City Council on January 10,
2018, through Ordinance G-6405 with eight (8) stipulations.

PHO-1-18--Z-47-17-8: Amendment to the Site was applied for and approved by City Council on
February 20, 2019, through Ordinance G-6560 with 10-Stipulations (see Exhibit I).

At the time of the original rezoning and PHO Amendment, the Site was planned as a larger 10.56-
acre subdivision with 32 single-family lots. Access into the subdivision provided for an emergency

1|P a g e

Page 521
Bella Rosa
8020 S. 19th Ave
APN 300-17-004M
TSC# 1394

entry off of 20th Avenue, one resident entry off of 19th Avenue and four (4) cul-de-sacs connected
by 50’ wide private streets. See Exhibit II to view the original site plan.

After the rezoning, plans for the 10.56-acre parcel did not move forward and the subdivision was
not constructed. The property was eventually split into two separate parcels for purposes of
developing two different subdivisions using the recently approved R1-10 PRD zoning for single
family residential housing.

As the property has been subdivided into two parcels and the design intent has changed since
the original concept of the rezoning, a request for modifications from the original site plan and to
Ordinance G-6560 is being required.

PROPOSED STIPULATION MODIFICATIONS:

This PHO requests modifications to the following stipulations outlined in Ordinance G-6560, as listed
below:

Sitpulation 1. The development shall be in general conformance with the site plan dated
stamped July 28, 2017, as modified by the following stipulations and
approved by the Planning and Development Department. June 30, 2022, AS
APPROVED BY THE PLANNING AND DEVELOPMENT DEPARTMENT.
Rationale: As plans for a single 10.56-acre subdivision are no longer being considered and the
lot has been split, the site plan for this particular parcel requires reconsideration for design and
lot layout for the newly split parcel. The size of the parcel still allows enough feasibility to meet
the requirements of R1-10 PRD with minor adjustments to the re-orientation and re-design of
the lot and street layout.

Sitpulation 4. Conceptual elevations shall be reviewed and approved for consistency with
the Rio Montaña Area Plan 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. – PHO is required for this stipulation, as stated. PHO must be
complete prior to preliminary site plan submittal.
Rationale: The elevations attached with this application offer several design themes such as
Rustic Spanish Colonial and Western Ranch that are consistent with the Rio Montaña Area
Plan. Key architectural features include four (4) housing design options with a diverse façade
palette and varying trim and building materials. The conceptual layout of the houses
themselves will emphasis the house facade and maintain a 10’ garage setback from the
house’s façade. Material and palette changes help to create breaks in the façade which
specify undulation and changes in the overall building faces of each side.

As detailed in the attached exhibits, Bella Rosa, will continue to provide lotted single-family homes
with some minor changes from the original stipulated site plan. Careful consideration has gone
into planning the Site to create a community that is attractively designed and aesthetically
landscaped while maintain consistency with the development guidelines of the R1-10 PRD lotting
requirements. The property will be professional designed and managed to create the necessary
open space and amenities that are desired in residential communities. Residents will be able to

2|P a g e

Page 522
Bella Rosa
8020 S. 19th Ave
APN 300-17-004M
TSC# 1394

enjoy neighborhood style living with modern finishes and private indoor/outdoor living areas.

The primary access for the community will be located off 19th Avenue and will serve as the entry
and exit point for residents. The cul-de-sac provides for enough turning radii to allow easy
maneuverability for emergency and trash collector vehicles.

Standards for the Site will continue to follow the R1-10 district with necessary site plan
enhancements to achieve a slightly higher density from the original 3.5 DU/acre. The following
table describes the proposal in comparison to the requirement of R1-10:

Standards R1-10 PRD Proposed
Minimum Lot Width: 45’ (unless approved by either the 58’
design advisor or the Single-Family
Architectural Appeals Board for
demonstrating enhanced
architecture that minimizes the
impact of the garage (see Section
507 Tab A.2.12.1 B(2)(b) [sic]))
Minimum Lot Depth: None, except 100’ adjacent to 140’ (Avg)
freeway or arterial
Dwelling Unit Density (units/gross 3.5; 4.5 with bonus 18 Lots / ± 5.12-Acres = 3.5 DU/Acre
acre)
Minimum Perimeter Building Setback: Street (front, rear, side) – 15’ Street (front, rear, side) – 15’
Property Line (rear) – 15’ (1-story); 20’ Property Line (rear) – 15’ (1-story);
(2-story) 20’ (2-story)
Property Line (rear) – 10’ (1-story); 15’ Property Line (rear) – 10’ (1-story);
(2-story) 15’ (2-story)

Landscaped Setback Adjacent to 15' average, 10' minimum 15' average, 10' minimum
Street: (Does not apply to lots fronting onto (Does not apply to lots fronting onto
perimeter streets) perimeter streets)
Common Space Minimum: 5% 9%

CONCLUSION

Approval of the requested stipulation modification will allow the Project to move forward with the
development of Bella Rosa as previously discussed by the Phoenix City Council in its approval of
Z-47-17-8. This request maintains an efficient design layout that is similar to the originally approved
lot sizing and density requirements while accommodating a newly proposed layout that will
neither jeopardize the original intent nor compromise the remaining original stipulations. The
proposed zoning stipulation modification is accompanied by the following documents:

1. PHO Checklist
2. Ownership Verification form
3. Information Form
4. Preliminary Site plan
5. Conceptual Landscape Plan
6. Elevations
7. Parcel map (with project area identified)
8. Legal Description

3|P a g e

Page 523
EXHIBIT I

Page 524
Official Records of Maricopa County Recorder
ADRIAN FONTES
20190150288 03/05/2019 10:49
ELECTRONIC RECORDING
G6560-5-1-1--

ORDINANCE G-6560

AN ORDINANCE AMENDING THE STIPULATIONS APPLICABLE
TO REZONING APPLICATION Z-47-17-8 PREVIOUSLY
APPROVED BY ORDINANCE G-6405.

BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PHOENIX, as

follows:

SECTION 1. The zoning stipulations applicable to the property located

approximately 130 feet north of the northwest corner of 19th Avenue and Latona Lane in

a portion of Section 1, Township 1 South, Range 2 East, as described more specifically in

Attachment "A," are hereby modified to read as set forth below.

STIPULATIONS:

1. The development shall be in general conformance with the site plan date stamped
July 28, 2017, as modified by the following stipulations and approved by the
Planning and Development Department.

2. All sidewalks shall be detached with a minimum 5-foot wide landscaped strip
located between the sidewalk and back of curb and shall include a minimum 2-
inch caliper shade trees planted a minimum of 20 feet on center or equivalent
groupings staggered along both sides of the sidewalk, as approved by the
Planning and Development Department. The landscape strip shall be installed by
the developer and maintained by the HOA.

3. Architectural elevations shall be presented to the South Mountain Village
Planning Committee for review and comment prior to FINAL preliminary site plan
approval.

Page 525
t

4. Conceptual elevations shall be reviewed and approved for consistency with the
Rio Montana Area Plan 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. .

5. The perimeter wall adjacent to 19th Avenue shall include minimum 3-foot offsets
at a minimum spacing of every 50 feet and material and textural differences, such
as stucco and/or split face block with a decorative element, such as tile, glass
insets, or stamped designs, as approved by the Planning and Development
Department.

6. Fence and wall materials adjacent to common areas and open space as depicted
on the site plan date stamped July 28, 2017 shall consist of wrought iron, split rail,
corral fencing, or a combination of 3 feet of solid masonry topped by open
wrought iron or a similar material, or a combination of the aforementioned fence
types and open farm fencing, as approved by the Planning and Development
Department.

7. The developer shall dedicate right-of-way totaling 25 feet for the east half of 20th
Avenue, as approved by the Planning and Development Department.

8. 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.

9. 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.

10. 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.

SECTION 2. Due to the site's specific physical conditions and the use

district granted pursuant to Ordinance G-6405, this portion of the rezoning is now

subject to the stipulations approved pursuant to Ordinance G-6405 and as modified in

Section 1 of this Ordinance. Any violation of the stipulations is a violation of the City of

2 Ordinance G-6560

Page 526
Phoenix Zoning Ordinance. Building permits shall not be issued for the subject site until

all the stipulations have been met.

SECTION 3. If any section, subsection, sentence, clause, phrase or

portion of this ordinance is for any reason held to be invalid or unconstitutional by the

decision of any court of competent jurisdiction, such decision shall not affect the validity

of the remaining portions hereof.

PASSED by the Council of the City of Phoenix this 20th day of February,

2019.

MAYOR

ATTEST:

•)M#~~ City Cle

REVIEWED BY:

_W-=---r(¥2-==~-------City Manager
PL:tmi:LF19-0248:02/20/19:2093585v1

Exhibits:
A- Legal Description (1 Page)
B- Ordinance Location Map (1 Page)

3 Ordinance G-6560

Page 527
EXHIBIT A

LEGAL DESCRIPTION FOR PH0-1-18--Z-47-17-8

PARCEL NO. 1: (Tax Parcel 300-17-004L)
THE NORTHERLY 396.52 FEET OF THE FOLLOWING DESCRIBED PROPERTY:

THE EAST HALF OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER
OF SECTION 1, TOWNSHIP 1 SOUTH, RANGE 2 EAST OF THE GILA AND SALT
RIVER BASE AND MERIDIAN, MARICOPA COUNTY, ARIZONA, SOMETIMES
DESCRIBED AS THE EAST HALF OF FARM UNIT "H", ACCORDING TO THE FARM
UNIT PLAT;
EXCEPT THE EAST 33 FEET THEREOF, AS TO CONVEYED TO MARICOPA
COUNTY BY QUIT CLAIM DEED RECORDED IN BOOK 105 OF DEEDS, PAGE 418, .
RECORDS OF MARICOPA COUNTY, ARIZONA.

PARCEL NO.2: (Tax Parcei300-17-004M)
THAT PORTION OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER
OF SECTION 1, TOWNSHIP 1 SOUTH, RANGE 2.EAST OF THE GILA AND SALT
RIVER BASE AND MERIDIAN, MARICOPA COUNTY, ARIZONA, MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
THE EAST HALF OF SAID SOUTHEAST QUARTER OF THE NORTHEAST
QUARTER; ·
EXCEPT THE NORTHERLY 396.52 FEET; AND
EXCEPT THE SOUTH 590.28 FEET; AND
EXCEPT THE EAST 33 FEET AS CONVEYED TO MARICOPA COUNTY BY QUIT
CLAIM DEED RECORDED IN BOOK 105 OF DEEDS, PAGE 418, RECORDS OF
MARICOPA COUNTY, ARIZONA.

4 Ordin~nce G-6560

Page 528
EXHffiiTB
ORDINANCE LOCATION MAP
7Dning Case Nmnber: PH0-1-18-Z-47-17-8
ZONING SUBJECT TO STIPUlATIONS: * Zoning Overlay: NIA
SUBJECT AREA: - - - - I Planning Village: South Mountain

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Page 529 I
• \ \
\
'
\,__ PH0-1-18--Z-47-11-8

NOT TO SCALE
0 200 400 000 Feet

N

~ Drawn Date: 1124/2019
V""""\pclions\Zoning\Suppi!Asps_Ordl\Aaps\ZJ19_0r

5 Ordinance G-6560
EXHIBIT II

Page 530
Page 531
Page 532
EXHIBIT C

Page 533
S PRIVATE PRIVATE
W HARWELL RD S 20TH DR
S 20TH LN

W PRIVATE RD

W IAN DR

S 21ST DR

LN
W DESERT
S 19TH AVE

S 20TH AVE
Page 534

W LATONA LN

W MAGDALENA LN
S 18TH AVE

S 18TH LN

W SOUTH MOUNTAIN AVE
Maricopa County Assessor's Office

PHO-2-22--Z-47-17-8
Property Location: Approximately 130 feet north of the northwest corner of
19th Avenue and Latona Lane

Planning & Development Department 0 120 240 480 Feet
´
EXHIBIT D

Page 535
S PRIVATE C-2*
R1-10* S 20TH DR PRIVATE
S 20TH LN W HARWELL RD

W PRIVATE RD

W IAN DR

S 21ST DR R1-10 PRD* S-1

LN
W DESERT
S 19TH AVE

S 20TH AVE
Page 536

W LATONA LN

W MAGDALENA LN
S 18TH AVE

R1-18*

S 18TH LN

W SOUTH MOUNTAIN AVE
R1-10* R1-10* Maricopa County Assessor's Office

PHO-2-22--Z-47-17-8
Property Location: Approximately 130 feet north of the northwest corner of
19th Avenue and Latona Lane

Planning & Development Department 0 120 240 480 Feet
´
EXHIBIT E

Page 537
Official Records of Maricopa County Recorder
ADRIAN FONTES
20190150288 03/05/2019 10:49
ELECTRONIC RECORDING
G6560-5-1-1--

ORDINANCE G-6560

AN ORDINANCE AMENDING THE STIPULATIONS APPLICABLE
TO REZONING APPLICATION Z-47-17-8 PREVIOUSLY
APPROVED BY ORDINANCE G-6405.

BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PHOENIX, as

follows:

SECTION 1. The zoning stipulations applicable to the property located

approximately 130 feet north of the northwest corner of 19th Avenue and Latona Lane in

a portion of Section 1, Township 1 South, Range 2 East, as described more specifically in

Attachment "A," are hereby modified to read as set forth below.

STIPULATIONS:

1. The development shall be in general conformance with the site plan date stamped
July 28, 2017, as modified by the following stipulations and approved by the
Planning and Development Department.

2. All sidewalks shall be detached with a minimum 5-foot wide landscaped strip
located between the sidewalk and back of curb and shall include a minimum 2-
inch caliper shade trees planted a minimum of 20 feet on center or equivalent
groupings staggered along both sides of the sidewalk, as approved by the
Planning and Development Department. The landscape strip shall be installed by
the developer and maintained by the HOA.

3. Architectural elevations shall be presented to the South Mountain Village
Planning Committee for review and comment prior to FINAL preliminary site plan
approval.

Page 538
t

4. Conceptual elevations shall be reviewed and approved for consistency with the
Rio Montana Area Plan 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. .

5. The perimeter wall adjacent to 19th Avenue shall include minimum 3-foot offsets
at a minimum spacing of every 50 feet and material and textural differences, such
as stucco and/or split face block with a decorative element, such as tile, glass
insets, or stamped designs, as approved by the Planning and Development
Department.

6. Fence and wall materials adjacent to common areas and open space as depicted
on the site plan date stamped July 28, 2017 shall consist of wrought iron, split rail,
corral fencing, or a combination of 3 feet of solid masonry topped by open
wrought iron or a similar material, or a combination of the aforementioned fence
types and open farm fencing, as approved by the Planning and Development
Department.

7. The developer shall dedicate right-of-way totaling 25 feet for the east half of 20th
Avenue, as approved by the Planning and Development Department.

8. 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.

9. 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.

10. 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.

SECTION 2. Due to the site's specific physical conditions and the use

district granted pursuant to Ordinance G-6405, this portion of the rezoning is now

subject to the stipulations approved pursuant to Ordinance G-6405 and as modified in

Section 1 of this Ordinance. Any violation of the stipulations is a violation of the City of

2 Ordinance G-6560

Page 539
Phoenix Zoning Ordinance. Building permits shall not be issued for the subject site until

all the stipulations have been met.

SECTION 3. If any section, subsection, sentence, clause, phrase or

portion of this ordinance is for any reason held to be invalid or unconstitutional by the

decision of any court of competent jurisdiction, such decision shall not affect the validity

of the remaining portions hereof.

PASSED by the Council of the City of Phoenix this 20th day of February,

2019.

MAYOR

ATTEST:

•)M#~~ City Cle

REVIEWED BY:

_W-=---r(¥2-==~-------City Manager
PL:tmi:LF19-0248:02/20/19:2093585v1

Exhibits:
A- Legal Description (1 Page)
B- Ordinance Location Map (1 Page)

3 Ordinance G-6560

Page 540
EXHIBIT A

LEGAL DESCRIPTION FOR PH0-1-18--Z-47-17-8

PARCEL NO. 1: (Tax Parcel 300-17-004L)
THE NORTHERLY 396.52 FEET OF THE FOLLOWING DESCRIBED PROPERTY:

THE EAST HALF OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER
OF SECTION 1, TOWNSHIP 1 SOUTH, RANGE 2 EAST OF THE GILA AND SALT
RIVER BASE AND MERIDIAN, MARICOPA COUNTY, ARIZONA, SOMETIMES
DESCRIBED AS THE EAST HALF OF FARM UNIT "H", ACCORDING TO THE FARM
UNIT PLAT;
EXCEPT THE EAST 33 FEET THEREOF, AS TO CONVEYED TO MARICOPA
COUNTY BY QUIT CLAIM DEED RECORDED IN BOOK 105 OF DEEDS, PAGE 418, .
RECORDS OF MARICOPA COUNTY, ARIZONA.

PARCEL NO.2: (Tax Parcei300-17-004M)
THAT PORTION OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER
OF SECTION 1, TOWNSHIP 1 SOUTH, RANGE 2.EAST OF THE GILA AND SALT
RIVER BASE AND MERIDIAN, MARICOPA COUNTY, ARIZONA, MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
THE EAST HALF OF SAID SOUTHEAST QUARTER OF THE NORTHEAST
QUARTER; ·
EXCEPT THE NORTHERLY 396.52 FEET; AND
EXCEPT THE SOUTH 590.28 FEET; AND
EXCEPT THE EAST 33 FEET AS CONVEYED TO MARICOPA COUNTY BY QUIT
CLAIM DEED RECORDED IN BOOK 105 OF DEEDS, PAGE 418, RECORDS OF
MARICOPA COUNTY, ARIZONA.

4 Ordin~nce G-6560

Page 541
EXHffiiTB
ORDINANCE LOCATION MAP
7Dning Case Nmnber: PH0-1-18-Z-47-17-8
ZONING SUBJECT TO STIPUlATIONS: * Zoning Overlay: NIA
SUBJECT AREA: - - - - I Planning Village: South Mountain

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~ 2 I "'¢
---------~)~ I I._wl-
. ,._o,..._,
,...,...,
il
i I,_ ----. . BROADWAY RDI---+--+-~-+-+-t-+-..-+-+-+-r--+--t
~~..,.:.I
R1-10 ]I
PRD~ SOUTHERN AVEI-+-t-+-+-t--1-+-t---'r-r-r ~-+-+-1
!1
1 1
BASELINE RD·1 ..1 I ,' I ,1 I ,1 , , I ,I 1 L.,
-j:
00881 NS RD I I I \, I I I I I )
~- ·-r I
I
Page 542 I
• \ \
\
'
\,__ PH0-1-18--Z-47-11-8

NOT TO SCALE
0 200 400 000 Feet

N

~ Drawn Date: 1124/2019
V""""\pclions\Zoning\Suppi!Asps_Ordl\Aaps\ZJ19_0r

5 Ordinance G-6560
EXHIBIT F

Page 543
7805 7809 7810 1947 1935 1905
2108 7808 7811
7813 7814
7809 7815
R1-10* 7818
S 20TH LN

S 20TH DR
7816 Z-66-01 C-2*
7704 R1-10
Z-109-00 2016 2008 7819 Z-101-76
7817 7820 2012 2004 7823
7824 W HARWELL RD 1843
7825 2017 2013 2009 2005

2110 2111 8020 C-2*
2106 8004 S-1 Z-110-07
R1-10 * Z-96-97
PHO3-11
Z-121-03
8019 8008

8107 8012
8111 8030
2107 8020

2111 2050 S-1 R1-10*
Z-58-07

W LATONA LN
2106 1820 R1-18* 1804 1802 1728 1724

S 19TH AVE

S 20TH AVE
8230 R1-18 8308
Z-171-99
Z-96-97 1830

8240 8312
8250 1819 1815 1811 1807 1803 1729 1725

CENTRAL AVE
48TH ST
40TH ST
32ND ST
7TH AVE 7TH ST 16TH ST 24TH ST
Feet 27TH AVE 19TH AVE
I-10
300 150 0 300 BROADWAY RD

SOUTH MOUNTAIN VILLAGE SOUTHERN AVE

BASELINE RD

CITY COUNCIL DISTRICT: 8 DOBBINS RD

Z-47-17

APPLICANT'S NAME: REQUESTED CHANGE:
Richard Jellies, The Lead Group FROM:
S-1 (8.41 a.c.)
R1-10 (1.49 a.c.)
APPLICATION NO. DATE:
08/11/2017
Z-47-17 REVISION DATES: R1-18 (1.25 a.c.)
GROSS AREA INCLUDING 1/2 STREET
AND ALLEY DEDICATION IS APPROX.
AERIAL PHOTO & ZONING MAP
QUARTER SEC. NO.
11.15 Acres QS 01-24 D-7 TO: R1-10 (11.15 a.c.)

MULTIPLES PERMITTED CONVENTIONAL OPTION * UNITS P.R.D. OPTION
S-1, R1-10, R1-18 8, 5, 2 N/A, 6, 3
R1-10 39 50

* Maximum Units Allowed with P.R.D. Bonus
R:\IS_Team\Core_Functions\Zoning\sketch_maps\2017\Z-47-17.mxd
Page 544
Page 545
Page 546
Page 547
Page 548
Page 549
Page 550
Page 551
Page 552
Page 553
Page 554
EXHIBIT J

Page 555
Village Planning Committee Meeting Summary
PHO-2-22--Z-47-17-8

Date of VPC Meeting August 9, 2022
Planning Hearing Officer August 17, 2022
Hearing Date
Request 1) Modification of Stipulation 1 regarding general
conformance with the site plan date stamped July 28,
2) Review of conceptual elevations by the Planning
Hearing Officer per Stipulation 4
Location 130 feet north of the northwest corner of 19th Avenue and
Latona Lane
VPC Recommendation Approval
VPC Vote 7-4; Members Alvarez, Brooks, Busching, Montoya,
Shepard, Marchuk and Daniels in favor. Coleman,
Holmerud, Muhammad Roque, and Viera opposed.

VPC DISCUSSION & RECOMMENDED STIPULATIONS:

8 members of the public registered to speak on this item.

Dean Chiarelli, Mike Josic, Cheverra Trillo, Gina Johnson, Nick Torrez, Ravi Sharma
donated time to Jewel Clark.

Fatima Muhammad Roque asked what community outdoor areas and spaces were
being provided for the community. Chuck Kennedy said that large retention basins,
limited access to 20th Avenue, shade structures, picnic tables, and possible barbecue
areas may be provided.

Dr. George Brooks asked how the site is capturing new resources to maximize
efficiency, such as higher SEER rated units, Energy Star ratings, and electric vehicle
outlets. Mr. Kennedy mentioned they are providing water efficient fixtures, drought
tolerant planting, and landscaping that provides shade.

Chair Tamala Daniels stated a HERS rating of 55 or lower is a good energy efficient
number. Dr. Brooks asked what the HERS rating was for the proposed homes. Mr.
Kennedy answered they didn’t have one at this stage

Dr. Brooks asked if the applicant read the South Phoenix Food Plan. Chuck Kennedy
stated they did not.

Page 556
Gene Holmerud asked if the developer is providing EV vehicle outlets in the homes.
Mr. Valencia mentioned that things like EV outlets could be options the developer can
provide but the city would not be able to enforce them. Gene Holmerud mentioned that
would be one way to make incremental change.

Dr. Viera asked if more energy efficient items could be requested by the committee
even if the city cannot enforce them instead of waiting five or more years for things to be
required. Mr. Valencia answered that the committee can make any recommendation
they’d like but advised to make enforceable stipulations to avoid being set up for
disappointment. Gene Holmerud asked for examples of what the committee could
stipulate. Mr. Valencia stated open space, landscaping, tree caliper size, and tree
spacing to name a few.

Kevin Zenk wanted to clarify that he never received a copy of the Food Action Plan to
review. Mr. Valencia said he would forward the Food Action plan to the applicant. Dr.
Viera asked that the Climate Action Plan be forwarded too.

Chair Daniels asked if the streets would be tree lined. Kevin Zenk said they would be.

Chair Daniels asked for the original site plan to be showed and why the emergency
access to 20th was removed from the new site plan. Kevin Zenk stated there was
conversation with the Fire department and they said the cul-de-sac turnaround radius
met fire requirements. This would also allow for more retention and open space area.

Chair Daniels asked staff if the Street Transportation Department was okay with only
one access point. Mr. Valencia answered that a technical appeal would be required
because the streets are not connecting. Mr. Valencia added that Fire is okay with the
cul-de-sac radius because the cul-de-sac radius is designed with a fire truck being able
to turn around in mind. Connecting the street and gating it off would not count as
connectivity but connecting it does result in less open space. Mr. Valencia also showed
an aerial to point out that 20th avenue does not connect any further north and how 19th
avenue has the bigger build out and is more connected.

Chair Daniels asked if the cul-de-sac triggers the technical appeal. Mr. Valencia
answered that it triggers two technical appeals. One for having an overlength distance
to the cul-de-sac from 19th Avenue and one for not connecting to 20th Avenue. Chair
Daniels asked if Streets was okay with that. Mr. Valencia replied that he did not
receive any comments from Streets because this is a PHO case and street
correspondence more than likely was sent to the Hearing Officer.

Chair Daniels asked if the developer had met with the PHO already. Mr. Valencia said
that has not happened yet because the public hearing for PHO is after the Village.
Recommendations made at the Village will be forwarded to the PHO for their analysis.

Gene Holmerud asked if a light duty fence for fire to smash through could be
constructed. Mr. Valencia said the original proposal had an emergency gate and fire

Page 557
could gain access through what’s called a Knox box. Crashing through a fence would
possibly be a last resort.

PUBLIC COMMENT:

Erin Hegedus was concerned that there are no real heat mitigations proposed. Ms.
Hegedus talked about an open SRP irrigation canal across on 19th Avenue. There are
numerous crashes that happen on 19th Avenue and Southern because it is a two-lane
street that goes into a swerve. She expressed that there is a lack of infrastructure in the
area to support the density that keeps coming in the area and that here are many
reports of crashes in the irrigation ditch across from the site. Ms. Hegedus also
expressed concerns with the lack of tree canopy, landscape enhancements, and
sidewalk details not being shown on the plans.

Jewel Clark stated that the original development had three houses per acre and that
anything with higher density is not keeping in character with the area. Mrs. Clark asked
for the city to keep the density to the original approval and asked for greater street
setbacks from the S-1 homes across the street. Mrs. Clark stated dropping the density
would allow for the greater setbacks to be achieved and for an even greater open space
percentage which is more consistent with the surrounding area. Mrs. Clark also brought
up how all the existing and recently approved projects in the area are single-story in
height and was not sure why the applicant is proposing two-story homes without
showing any of those elevations. Mrs. Clark stated the Rio Montaña Area Plan calls for
limited two-story homes, yet the applicant has given no indication of how many they
intend to provide. Mrs. Clark said there is enough lacking to either continue or deny the
request, an inconsistency with the character of the Rio Montaña Area Plan, and lack of
commitment to heat mitigation from the applicant’s proposal. Mrs. Clark mentioned their
neighborhood area feels cooler because of the amount of open space there is, and as a
strong supporter of sustainability she would like to see more requirements being placed
on these final products since the site was only recently acquired in April there should be
more time to review and improve the proposal. Mrs. Clark commented on the elevations
and how the Rio Montaña Area Plan not only mentions garages be recessed 10-feet
back from the front, but also calls for alley and side loaded garages. Mrs. Clark finished
her remarks summarizing that the key issues are density, open space, setbacks, and
single-story if possible.

APPLICANT RESPONSE

Kevin Zenk said that they submitted a landscape plan showing tree lined streets as well
as the necessary vegetation in the landscape strips, but that it was denied, and they
were told it was not needed. As for density and open space they are more than double
what is required in R1-10 PRD. Density of 3.5 du/ac is within what is allowed in R1-10
PRD zoning and the Rio Montaña Area Plan. Mr. Zenk said they are willing to be
stipulated to Energy Star conformance and to work with the utility and development
teams to ensure theses homes are sustainable and energy efficient.

Page 558
COMMITTEE DISCUSSION

Marcia Busching appreciated all the public and committee comments including
irrigation, open space, and tree lined streets. She reminded the committee that
unfortunately the request being presented is to provide comments for a modification to a
previously approved site plan and as a result she is in favor of the item.

Kay Shepard agreed with Marcia Bushing and stated that she was ready to make a
motion.

MOTION:

Kay Shepard motioned to approve case PHO-2-22--Z-47-17-8 as filed. Marcia
Busching seconded the motion to approve.

VOTE:

7-4, motion passed; Members Alvarez, Brooks, Busching, Montoya, Shepard, Marchuk,
and Daniels in favor. Coleman, Holmerud, Muhammad Roque, and Viera opposed. Mr.
Holmerud stated with the site being purchased in April it seemed rushed together.

STAFF COMMENTS REGARDING VPC RECOMMENDATION & STIPULATIONS:

1) Note that this item is related to Item #8 (Review and Comment Item - regarding
Rezoning Case No. PHO-2-22--Z-47-17-8) heard on this same agenda. See
documents regarding that item and case file for further discussion on these
items.

Page 559
EXHIBIT K

Page 560
Village Planning Committee Meeting Summary
REVIEW AND COMMENT
PHO-2-22--Z-47-17-8

Date of VPC Meeting August 9, 2022
Location 130 feet north of the northwest corner of 19th Avenue and
Latona Lane
VPC Recommendation Stipulation 3 met and two recommendations provided to
staff regarding staggered lots and front porches
VPC Vote 11-0; Members Alvarez, Brooks, Busching, Coleman,
Holmerud, Montoya, Muhammad Roque, Shepard, Viera,
Marchuk, and Daniels in favor.

VPC DISCUSSION & RECOMMENDED STIPULATIONS:

Mr. Valencia mentioned Stipulations 3 and 4 of the underlying case created
redundancy. Stipulation 3 for review and comment would have less weight than
providing PHO comments for their review as part of Stipulation 4. Mr. Valencia asked
the committee if they would like to provide elevation comments to the PHO they should
do so as part of this discussion, unless they would rather have the applicant come back
to them prior to final site plan approval.

Chair Daniels stated that we don’t really have elevations.

Mr. Valencia said exactly and that is why the committee could be specific as to what
they would like to achieve from the elevations such as height, or side loaded garages.

Marcia Bushing asked for clarification on the elevations on pages 72 and 73 of the
packet and if there are only four elevations being proposed.

Kevin Zenk answered that those are the preferred conceptual elevations.

Mr. Valencia shared two additional elevations for a single-story home that were emailed
by the applicant after the packet had been sent out and asked the applicant if they had
any two-story homes proposed. Chuck Kennedy answered that the majority would be
single-story, but they wanted to allow some flexibility to be able to build two-story in
case a buyer wanted additional floor area.

Mr. Valencia reminded the committee that if they wanted to restrict the heights or
certain lots to be a certain height this would be the time to provide that information.

Page 561
Chair Daniels said she did not have an issue with height as it creates diversity, but she
did want to go over side loaded garages and characteristics for the Rio Montaña area
plan while going over the elevations.

Mr. Valencia presented the elevations while bringing out that some key areas include
reduction of garage dominance which could be done by stepping back the garage which
all the elevations seem to indicate. Mr. Valencia stated that side loaded garages are
closer to the front property line but break up garage dominance because it has windows
and acts like a faux front. Mr. Valencia stated that none of the elevations indicate side
loaded garages so of the committee wants that they will have to give some specifics
such as percentage of elevations to provide that option. Mr. Valencia next mentioned
front porches are also characteristic of the Rio Montaña Area Plan and that all the
proposed elevations do not indicate porches or their dimensions. All elevations indicate
pitched roofs which Mr. Valencia said was another Rio Montaña Area Plan character
trait. As well as the variety of materials being proposed.

Chair Daniels asked how much percentage could be asked for on porches. Mr.
Valencia cited earlier cases where the committee stipulated 75 percent of the
elevations to have porches.

Chair Daniels stated she would like to see front porches on the elevations and asked if
side loaded garages create a staggering effect. Mr. Valencia replied that a staggering
effect is created by side loaded garages because the building projects forward on some
lots while others are further back.

Chair Daniels asked for side loaded garages and for porches on 75 percent of the
elevations since the applicant is also seeking the technical appeals creating a win-win
situation.

Kevin Zenk mentioned that side loaded garages would be difficult to achieve on lots of
this width because of turning radius requirements. Mr. Zenk added that they are
accepting of the front porch requirements as it does create more massing and reduces
the prominence of the garage. Chair Daniels replied that she has seen smaller lots
with side loaded garages.

Gene Holmerud asked if the elevations are coming back for them to review. Mr.
Valencia stated if the committee wants the applicant to come back with elevations as
Stipulation 3 of the underlying case, then the comments they provide are under no
guarantee of being implemented during site review. If the committee opts to provide
comments to the PHO, then the PHO can use those comments as part of their review.
Although there is no guarantee that the PHO will enact the committees’ comments, the
committees’ comments hold more weight in that forum. Gene Holmerud stated that if a
motion is made then it should be to provide comments to the PHO.

MOTION 1

Page 562
Mr. Valencia asked if the motion the committee wanted was to consider Stipulation 3
met and to provide elevation comments to staff to include requiring 25 percent of the
elevations to accommodate side loaded garages and 75 percent of the elevations to
provide front porches, with porches to be designed consistent with recommendations in
the Rio Montaña Area Plan, with a minimum 6-foot depth and a minimum 60 square-feet
in area.

Gene Holmerud agreed and made that motion. No second was provided for this
motion. The motion failed.

MOTION 2

Kay Shepard stated that side loaded garages would not look appealing due to the
amount of concrete that would be required for the driveway and maneuvering area on
lots of this width. Chair Daniels agreed with Kay Shepard and asked if they could still
stagger the houses. Mr. Valencia answered that the lots are about 140 feet in depth
and that there is that opportunity to create undulation. Kay Shepard stated that she
liked the staggered idea.

Ms. Shepard made a motion to consider Stipulation 3 of PHO-2-22-Z-47-17-8 met and
to provide two recommendations to staff:

1) The lots in the subdivision shall be staggered.

2) 75 percent of the elevations shall provide covered porches. Porches shall be
consistent with recommendations in the Rio Montaña Area plan and provide a
minimum of six-foot depth and a minimum sixty square feet in area.

Marcia Busching seconded the motion.

VOTE:

11-0; Members Alvarez, Brooks, Busching, Coleman, Holmerud, Montoya, Muhammad
Roque, Shepard, Viera, Marchuk, and Daniels in favor.

STAFF COMMENTS REGARDING VPC RECOMMENDATION & STIPULATIONS:

1) Note that this item was advertised and intended to be heard as a ‘Review and
Comment’ item and therefore, no motion and vote was required. However, there
is no impact from the VPC having taken a motion and vote and the
recommendations will be provided to staff regardless.

2) Note that this item is related to Item #7 (Rezoning Case No. PHO-2-22--Z-47-17-
8) heard on this same agenda. See documents regarding that item and case file
for further discussion on these items.

Page 563
3) The VPC did not provide specific dimensions for the staggering of front yard
setback lines. However, an example of this staggering is depicted in Figures 71
and 72 on page 39 (42 in PDF) of the Rio Montaña Area Plan and is also
mentioned as an option in the Single-Family Design Review Checklist (SFDR).

4) The Rio Montaña Area Plan, page 22 (25 in PDF), mentions “providing deep
overhangs and covered porches on residential buildings”. Although no specific
dimensions are given, note that the nearby Baseline Area Overlay District
(BAOD) provides recommended dimensions in Section 651.E.3.b.(4).

Page 564
EXHIBIT L

Page 565
REPORT OF PLANNING HEARING OFFICER ACTION
Adam Stranieri, Planner III, Hearing Officer
Bradley Wylam, Planner I, Assisting

August 17, 2022

ITEM NO: 5
DISTRICT 8
SUBJECT:

Application #: PHO-2-22--Z-47-17-8
Location: Approximately 130 feet north of the northwest corner of 19th
Avenue and Latona Lane
Zoning: R1-10
Acreage: 5.12
Request: 1) Modification of Stipulation 1 regarding general
conformance with the site plan date stamped July 28,
2017.
2) Review of conceptual elevations by the Planning Hearing
Officer per Stipulation 4.
Applicant: Terrascape Consulting LLC
Owner: Bella Rosa Partners LLC
Representative: Terrascape Consulting LLC

ACTIONS:

Planning Hearing Officer Recommendation: The Planning Hearing Officer
recommended approval with modifications and additional stipulations.

Village Planning Committee (VPC) Recommendation: The South Mountain
Village Planning Committee heard this request on August 9, 2022 and
recommended approval by a vote of 7-4.

DISCUSSION:

Kevin Zenk, representative with Terrascape Consulting, reviewed the subject site
and surrounding uses. He provided an overview of the original rezoning case and
noted that both parcels in the original rezoning case area have changed
ownership and will be developed separately. He reviewed the proposed
conceptual site plan, which depicts an 18-unit single-family subdivision at
approximately 3.51 dwelling units per gross acre. He stated that a single street
with a cul-de-sac is proposed and that approximately 9% of the gross area would
be reserved as common open space. He stated that the lot widths at
approximately 58 feet are similar to the lot sizes on the stipulated site plan. He
provided an overview of the proposed elevations and stated that the elevations
are consistent with design guidelines from the Rio Montaña Area Plan, including

Page 566
Planning Hearing Officer Summary of August 17, 2022
Application PHO-2-22—Z-47-17-8
Page 2

staggered lots with various front setbacks and a variety of building materials. He
noted that only single-story elevations were submitted but noted that he hopes to
include a two-story elevations in the final development of the subdivision. He
noted that the Rio Montaña Area Plan states that houses with varying heights are
encouraged to create housing diversity. He stated that landscaping was
discussed at the South Mountain Village Planning Committee (VPC) and
displayed a conceptual landscape plan that depicts landscaping along streets.

Michael Josic, adjacent property owner to the west speaking in opposition,
expressed concerns regarding privacy and wished to eliminate all two-story
homes from the western side of the subdivision. He specified that Lots 8, 9, 10,
and 11 should be limited to single-story development only.

Jewel Clark, adjacent property owner to the west speaking in opposition, stated
that she is representing multiple property owners in the surrounding area,
including Miguel Rubio and Ravinder Sharma, who also own property adjacent to
the subject site. She stated that the stipulated site plan depicts 3.03 dwelling
units per gross acre, compared to the 3.51 dwelling units per gross acre currently
proposed, and noted that the density would be greater than that approved in two
recent rezoning cases at the southeast and southwest corners of 19th Avenue
and South Mountain, approximately 600 feet south of the subject site. She stated
that the proposed density is out of character with the surrounding community,
which consists of large lot residences that are zoned S-1. She stated that the
development should be limited to approximately 3 dwelling units per acre,
consistent with the stipulated site plan. She stated that the Rio Montaña Area
Plan states that the area is to be preserved with open space and create an area
that feels rural. She noted that active agriculture is present in the surrounding
area. She stated that by reducing the number of units, increased open space and
perimeter setbacks could be introduced that may ease neighbors’ concerns. She
stated that she would like the development to consist of single-story units only,
which would match the character of the area. She noted that there are no two-
story residences near the property and that the two subdivisions recently
approved to the south are limited to one story. She stated that the Rio Montaña
Area Plan notes that two-story development should be limited. She reiterated that
the density of 3.51 dwelling units per gross acre significantly deviates from the
density on the stipulated site plan and noted that she hoped the site would be
limited to single-story development. She stated that the lack of two-story
elevations in the applicant’s submittals is concerning.

Mr. Zenk stated that the developer is willing to stipulate that Lots 8, 9, 10, and 11
are to be limited to single-story development, as recommended by Mr. Josic. He
stated that the Rio Montaña Area Plan notes that a diversity of building heights is
recommended. He stated that the two-story residences are proposed to be
staggered in development and not located directly adjacent to other two-story

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Planning Hearing Officer Summary of August 17, 2022
Application PHO-2-22—Z-47-17-8
Page 3

units. He stated that the development would be in conformance with the density
and height permitted by the R1-10 zoning district.

Adam Stranieri, Planning Hearing Officer, stated that 12 letters in opposition
were received prior to the hearing and noted that Ms. Clark’s letter comprised the
text of 11 of those letters. He stated that the concerns noted in the
correspondence include the increased density, building height, and reduction in
open space. He provided an overview of the South Mountain Village Planning
Committee (VPC) recommendation, which recommended approval by a vote of
7-4. He noted that the VPC made two recommendations during a “review and
comment” item regarding architectural elevations per Stipulation 3. He noted that
they recommended adding a stipulation that front setbacks be staggered and
requiring front porches. He noted that the VPC recommendations were
addressed in Mr. Zenk’s presentation. He stated that Stipulations 3 and 4 are
redundant and that he would consider the VPC’s recommendations for
Stipulation 3 made in conjunction with the recommendation on the PHO item. He
stated none of the application materials provided by the applicant discuss or
propose two-story buildings and that the conceptual elevations did not include
any two-story home designs. He stated that he is not comfortable recommending
any stipulation that infers that two-story development would be permitted due to
the lack of two-story elevations. He also stated that the intent of Stipulation 4 was
to address the lack of elevations in the original rezoning case and require the
applicant to provide elevations, when available, through a public hearing process.
He stated that he does not feel the stipulation has been complied with if the
applicant did not provide any two-story elevations and now wants approval for
such homes. He stated that he would be comfortable recommending a
continuance to allow the applicant to provide elevations for the two-story homes
they have discussed, or alternately he would be comfortable providing a
recommendation based solely on the single-story elevations provided. He noted
that a general conformance stipulation to solely single-story elevations would not
allow the applicant to construct two-story homes without a subsequent PHO case
to modify that stipulation to include those designs. He discussed the use of
‘general conformance’ as a term in zoning stipulations. Mr. Zenk stated that he
would prefer to move forward with a recommendation based on the conceptual
building elevations provided.

Mr. Stranieri provided an overview of the proposed conceptual site plan and
stated that the density depicted consists of approximately two more units than
what would be permitted using the density shown on the stipulated site plan. He
stated that the change is modest and remains below the maximum permitted
density in the R1-10 zoning district. He stated that approximately 9% open space
is depicted on the proposed conceptual site plan, which is approximately twice
the minimum open space required by the Zoning Ordinance. He stated that a
technical appeal may be required regarding the termination of the cul-de-sac on
the west portion of the site. Scott Lucas, representative with Terrascape

Page 568
Planning Hearing Officer Summary of August 17, 2022
Application PHO-2-22—Z-47-17-8
Page 4

Consulting, stated that the technical appeal has not been applied for, but would
be following the results of the PHO process.

Mr. Stranieri recommended approval of the request to modify Stipulation 1 with a
modification to provide more standard language. He stated that the proposed
conceptual elevations depict a variety of building materials, multiple building
colors, variation in roof design, and multiple architectural features such as wood
posts, gable ornamentation, varied window size, and decorative garage panels.
He stated that the staggered front setbacks, which was recommended by the
South Mountain VPC and recommended in the Rio Montaña Area Plan is
recommended for approval as a new sub-stipulation of Stipulation 1. He stated
that the stipulation would state that the front setback is to be staggered a
minimum of 4 feet compared to adjacent lots. He stated that the South Mountain
VPC recommendation requiring front porches is recommended for approval. He
stated that this stipulation would follow standard language drawn from the
Baseline Area Overlay District. He recommended that Stipulation 4 regarding the
review and approval of conceptual elevations be replaced with a standard
language general conformance stipulation with the elevations date stamped
August 17, 2022. He requested that staff combine the multiple elevations
submitted throughout the hearing process under a single cover and date stamp
for simplicity. He stated that the Street Transportation Department
recommended an additional stipulation regarding dedications, detached
sidewalks, and landscaping along 19th Avenue.

Mr. Josic asked a question regarding an open irrigation canal on the west side of
19th Avenue. Mr. Lucas stated that the drainage would be updated through street
improvements along the subject site’s frontage. Mr. Stranieri noted that the
proposed conceptual site plan approved by the PHO would not have an impact
on any existing Subdivision or Zoning Ordinance technical requirements that may
be implemented as the developer continues through the plan review process.

FINDINGS:

1) The South Mountain Village Planning Committee heard two agenda items
regarding this case at their August 9, 2022 meeting. The first (Agenda
Item #7) was the PHO request itself. The second (Agenda Item #8) was
for review and comment on architectural elevations per the requirements
of Stipulation 3. Note that Stipulation 3 is redundant of, and less
restrictive than, the requirement for PHO review of conceptual elevations
required by Stipulation 4. However, during the review and comment item,
the VPC made two recommendations regarding the provision of staggered
front setbacks and front porches. These recommendations are addressed
in these findings along with the consideration paid to the VPC’s discussion
during the PHO request itself.

Page 569
Planning Hearing Officer Summary of August 17, 2022
Application PHO-2-22—Z-47-17-8
Page 5

2) The request to modify Stipulation 1 regarding general conformance with
the site plan is recommended for approval with modifications to provide
more standard conformance language and to add a new sub-stipulation
requiring staggered front setbacks.

The subject property includes only the southern 5.12 gross acres of the
11.15 gross acres rezoned in the original case. The stipulated site plan
depicted a 32-unit single-family subdivision at approximately 3.03 dwelling
units per gross acre and approximately 13.9% open space. Units were
arranged around four cul-de-sacs oriented north/south, with most of the
open space along the west property line. The street running east/west
through the site terminated in an emergency gate along the west property
line.

The proposed conceptual site plan depicts an 18-unit single-family
subdivision at approximately 3.51 dwelling units per gross acre, with
approximately 9% open space. Units are arranged along a street running
east/west through the site. The street terminates in a cul-de-sac along the
west property line. Most of the open space is along the west property line.
The proposal is substantially similar to the stipulated site plan, with the
caveat that it is designed with less than half of the original area. The
density remains below, and the open space above, Ordinance standards.
The proposal is compatible with existing development in the surrounding
area.

A new sub-stipulation is recommended requiring staggered front setbacks.
This recommendation is consistent with the recommendation of the South
Mountain Village Planning Committee. It is also consistent with design
recommendations in the Rio Montaña Area Plan (Page 39, Figure 71).

3) The applicant submitted conceptual elevations for review and approval per
the requirements of Stipulation 4. The stipulation has been complied with
and is recommended to be deleted and replaced with a standard language
stipulation for general conformance to the elevations provided. Stipulation
4 states that the elevations submitted should be consistent with
recommendations in the Rio Montaña Area Plan. The elevations depict a
variety of building materials (stone façade, composite siding, wood
elements, brick veneer), multiple building colors, variation in roof design,
and multiple architectural features (wood posts, gable ornamentation,
varied window sizes, decorative garage panels). This diversity is
consistent with the Rio Montaña Area Plan and many of the design
choices are compatible with the rural and agricultural character described
in the plan.

Page 570
Planning Hearing Officer Summary of August 17, 2022
Application PHO-2-22—Z-47-17-8
Page 6

4) An additional stipulation is recommended to require front porches to be
provided per the requirements of the Baseline Area Overlay District
(651.E.3.b.(4)). This recommendation is consistent with the
recommendation of the South Mountain Village Planning Committee. It is
also consistent with the Rio Montaña Area Plan (Page 22; Page 23; Page
44, Figures 97 and 100) and the intent of Stipulation 4.

5) The Street Transportation Department recommends one additional
stipulation addressing required dedications, detached sidewalks, and
landscaping along 19th Avenue. This stipulation is recommended for
inclusion.

19th Avenue is identified on the City Council Approved Street
Classification Map as a D-Section Arterial roadway. This cross section
requires a total right-of-way dedication of 50-feet where the last 10-feet
may consider a 10-foot-wide sidewalk easement. Within the
ROW/sidewalk easement, an 11-foot-wide landscape strip located
between back of curb and sidewalk is required to create a separated
detached sidewalk and allow planting space for trees to mature and to
adequately shade the sidewalk.

While Stipulation 2 (not a part of this request) addresses detached
sidewalks, requiring a minimum 5-foot-wide landscape strip between back
of curb and sidewalk, this does not override the City Council approved
Street Classification Map. While all other detached sidewalks within the
development may allow the 5-foot-wide landscape strip, 19th Avenue
cannot and shall comply with the recommended stipulation as described.

6) The applicant did not submit a Proposition 207 waiver of claims prior to
the Planning Hearing Officer hearing. Submittal of this form is an
application requirement. An additional stipulation is recommended to
require the applicant to record this form and deliver it to the City to be
included in the rezoning application file for record.

STIPULATIONS:

1. The development shall be in general conformance with the site plan date
stamped JUNE 30, 2022 July 28, 2017, as modified by the following
stipulations and approved by the Planning and Development
Department, WITH SPECIFIC REGARD TO THE FOLLOWING:

A. THE SITE PLAN SHALL DEPICT STAGGERED FRONT
SETBACKS FOR COVERED BUILDING ELEMENTS, SUCH THAT
ANY TWO ADJACENT LOTS SHALL PROVIDE A MINIMUM
VARIATION IN FRONT SETBACK OF 4 FEET.

Page 571
Planning Hearing Officer Summary of August 17, 2022
Application PHO-2-22—Z-47-17-8
Page 7

2. All sidewalks shall be detached with a minimum 5-foot wide landscaped
strip located between the sidewalk and back of curb and shall include a
minimum 2-inch caliper shade trees planted a minimum of 20 feet on
center or equivalent groupings staggered along both sides of the
sidewalk, as approved by the Planning and Development Department.
The landscape strip shall be installed by the developer and maintained
by the HOA.

3. Architectural elevations shall be presented to the South Mountain Village
Planning Committee for review and comment prior to final site plan
approval.

4. Conceptual elevations shall be reviewed and approved for consistency
with the Rio Montaña Area Plan 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.

THE DEVELOPMENT SHALL BE IN GENERAL CONFORMANCE WITH
THE ELEVATIONS DATE STAMPED AUGUST 17, 2022, AS MODIFIED
BY THE FOLLOWING STIPULATIONS AND APPROVED BY THE
PLANNING AND DEVELOPMENT DEPARTMENT.

5. COVERED PORCHES A MINIMUM OF SIXTY SQUARE FEET IN AREA
AT A DEPTH OF AT LEAST SIX FEET SHALL BE PROVIDED IN THE
FRONT YARD OF FIFTY PERCENT OF THE HOMES IN A
SUBDIVISION. NO PORCH SHALL TERMINATE WITHIN THE PLANE
OF A DOOR OR WINDOW.

6. The perimeter wall adjacent to 19th Avenue shall include minimum 3-foot
5. offsets at a minimum spacing of every 50 feet and material and textural
differences, such as stucco and/or split face block with a decorative
element, such as tile, glass insets, or stamped designs, as approved by
the Planning and Development Department.

7. Fence and wall materials adjacent to common areas and open space as
6. depicted on the site plan date stamped July 28, 2017 shall consist of
wrought iron, split rail, corral fencing, or a combination of 3 feet of solid
masonry topped by open wrought iron or a similar material, or a
combination of the aforementioned fence types and open farm fencing,
as approved by the Planning and Development Department.

Page 572
Planning Hearing Officer Summary of August 17, 2022
Application PHO-2-22—Z-47-17-8
Page 8

8. THE DEVELOPER SHALL DEDICATE MINIMUM 50-FEET OF RIGHT-
OF-WAY ALONG THE WEST SIDE OF 19TH AVENUE.
IMPROVEMENTS SHALL INCLUDE A MINIMUM 5-FOOT-WIDE
DETACHED SIDEWALK AND MINIMUM 11-FOOT-WIDE LANDSCAPE
STRIP LOCATED BETWEEN THE BACK OF CURB AND SIDEWALK,
AS APPROVED OR MODIFIED BY THE PLANNING AND
DEVELOPMENT DEPARTMENT. LANDSCAPE STRIP PLANTING
REQUIREMENTS TO BE APPROVED BY PLANNING AND
DEVELOPMENT.

9. The developer shall dedicate right-of-way totaling 25 feet for the east half
7. of 20th Avenue, as approved by the Planning and Development
Department

10. The developer shall construct all streets within and adjacent to the
8. 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.

11. In the event archaeological materials are encountered during
9. 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.

12. The property owner shall record documents that disclose the existence,
10. 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.

13. 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.

Page 573
Planning Hearing Officer Summary of August 17, 2022
Application PHO-2-22—Z-47-17-8
Page 9

Upon request, this publication will be made available within a reasonable length of time
through appropriate auxiliary aids or services to accommodate an individual with a
disability. This publication may be made available through the following auxiliary aids or
services: large print, Braille, audiotape or computer diskette. To request a reasonable
accommodation, please contact Les Scott at leslie.scott@phoenix.gov or 602-376-3981
or TTY: 7-1-1.

Page 574
ATTACHMENT C

REPORT OF PLANNING COMMISSION ACTION
October 6, 2022

ITEM NO: 17
DISTRICT NO.: 8
SUBJECT:

Application #: PHO-2-22--Z-47-17-8
Location: Approximately 130 feet north of the northwest corner of 19th Avenue and
Latona Lane
Request: 1) Modification of Stipulation 1 regarding general conformance with
the site plan date stamped July 28, 2017.
2) Review of conceptual elevations by the Planning Hearing Officer
per Stipulation 4.
Acreage: 5.12
Applicant: Terrascape Consulting, LLC
Owner: Bella Rosa Partners, LLC
Representative: Terrascape Consulting, LLC

ACTIONS:

Village Planning Committee (VPC) Recommendation:
South Mountain 8/9/2022 Approval. Vote: 7-4.

Planning Commission Recommendation: Approval with modifications and additional stipulations.

Staff Recommendation: Approval, per the Planning Hearing Officer recommendation.

Planning Commission Recommendation: Approval, per the Planning Hearing Officer
recommendation.

Motion Discussion: N/A

Motion details: Commissioner Busching made a MOTION to approve PHO-2-22--Z-47-17-8, per
the Planning Hearing Officer recommendation.

Maker: Busching
Second: Vice-Chair Mangum
Vote: 7-2 (Gorraiz and Perez)
Absent: None
Opposition Present: Yes

Findings:

1. The South Mountain Village Planning Committee heard two agenda items regarding
this case at their August 9, 2022 meeting. The first (Agenda Item #7) was the PHO
request itself. The second (Agenda Item #8) was for review and comment on
architectural elevations per the requirements of Stipulation 3. Note that Stipulation 3 is
redundant of, and less restrictive than, the requirement for PHO review of conceptual
elevations required by Stipulation 4. However, during the review and comment item,
the VPC made two recommendations regarding the provision of staggered front
setbacks and front porches. These recommendations are addressed in these findings

Page 575
along with the consideration paid to the VPC’s discussion during the PHO request
itself.

2. The request to modify Stipulation 1 regarding general conformance with the site plan is
recommended for approval with modifications to provide more standard conformance
language and to add a new sub-stipulation requiring staggered front setbacks.

The subject property includes only the southern 5.12 gross acres of the 11.15 gross
acres rezoned in the original case. The stipulated site plan depicted a 32-unit single-
family subdivision at approximately 3.03 dwelling units per gross acre and
approximately 13.9% open space. Units were arranged around four cul-de-sacs
oriented north/south, with most of the open space along the west property line. The
street running east/west through the site terminated in an emergency gate along the
west property line.

The proposed conceptual site plan depicts an 18-unit single-family subdivision at
approximately 3.51 dwelling units per gross acre, with approximately 9% open space.
Units are arranged along a street running east/west through the site. The street
terminates in a cul-de-sac along the west property line. Most of the open space is
along the west property line. The proposal is substantially similar to the stipulated site
plan, with the caveat that it is designed with less than half of the original area. The
density remains below, and the open space above, Ordinance standards. The proposal
is compatible with existing development in the surrounding area.

A new sub-stipulation is recommended requiring staggered front setbacks. This
recommendation is consistent with the recommendation of the South Mountain Village
Planning Committee. It is also consistent with design recommendations in the Rio
Montaña Area Plan (Page 39, Figure 71).

3. The applicant submitted conceptual elevations for review and approval per the
requirements of Stipulation 4. The stipulation has been complied with and is
recommended to be deleted and replaced with a standard language stipulation for
general conformance to the elevations provided. Stipulation 4 states that the elevations
submitted should be consistent with recommendations in the Rio Montaña Area Plan.
The elevations depict a variety of building materials (stone façade, composite siding,
wood elements, brick veneer), multiple building colors, variation in roof design, and
multiple architectural features (wood posts, gable ornamentation, varied window sizes,
decorative garage panels). This diversity is consistent with the Rio Montaña Area Plan
and many of the design choices are compatible with the rural and agricultural character
described in the plan.

4. An additional stipulation is recommended to require front porches to be provided per
the requirements of the Baseline Area Overlay District (651.E.3.b.(4)). This
recommendation is consistent with the recommendation of the South Mountain Village
Planning Committee. It is also consistent with the Rio Montaña Area Plan (Page 22;
Page 23; Page 44, Figures 97 and 100) and the intent of Stipulation 4.

5. The Street Transportation Department recommends one additional stipulation
addressing required dedications, detached sidewalks, and landscaping along 19th
Avenue. This stipulation is recommended for inclusion.

19th Avenue is identified on the City Council Approved Street Classification Map as a
D-Section Arterial roadway. This cross section requires a total right-of-way dedication
of 50-feet where the last 10-feet may consider a 10-foot-wide sidewalk easement.
Page 576
Within the ROW/sidewalk easement, an 11-foot-wide landscape strip located between
back of curb and sidewalk is required to create a separated detached sidewalk and
allow planting space for trees to mature and to adequately shade the sidewalk.

While Stipulation 2 (not a part of this request) addresses detached sidewalks, requiring
a minimum 5-foot-wide landscape strip between back of curb and sidewalk, this does
not override the City Council approved Street Classification Map. While all other
detached sidewalks within the development may allow the 5-foot-wide landscape strip,
19th Avenue cannot and shall comply with the recommended stipulation as described.

6. The applicant did not submit a Proposition 207 waiver of claims prior to the Planning
Hearing Officer hearing. Submittal of this form is an application requirement. An
additional stipulation is recommended to require the applicant to record this form and
deliver it to the City to be included in the rezoning application file for record.

Stipulations:

1. The development shall be in general conformance with the site plan date stamped
JUNE 30, 2022 July 28, 2017, as modified by the following stipulations and approved
by the Planning and Development Department, WITH SPECIFIC REGARD TO THE
FOLLOWING:

A. THE SITE PLAN SHALL DEPICT STAGGERED FRONT SETBACKS FOR
COVERED BUILDING ELEMENTS, SUCH THAT ANY TWO ADJACENT LOTS
SHALL PROVIDE A MINIMUM VARIATION IN FRONT SETBACK OF 4 FEET.

2. All sidewalks shall be detached with a minimum 5-foot wide landscaped strip located
between the sidewalk and back of curb and shall include a minimum 2-inch caliper
shade trees planted a minimum of 20 feet on center or equivalent groupings staggered
along both sides of the sidewalk, as approved by the Planning and Development
Department. The landscape strip shall be installed by the developer and maintained by
the HOA.

3. Architectural elevations shall be presented to the South Mountain Village Planning
Committee for review and comment prior to final site plan approval.

4. Conceptual elevations shall be reviewed and approved for consistency with the Rio
Montaña Area Plan 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.
THE DEVELOPMENT SHALL BE IN GENERAL CONFORMANCE WITH THE
ELEVATIONS DATE STAMPED AUGUST 17, 2022, AS MODIFIED BY THE
FOLLOWING STIPULATIONS AND APPROVED BY THE PLANNING AND
DEVELOPMENT DEPARTMENT.

5. COVERED PORCHES A MINIMUM OF SIXTY SQUARE FEET IN AREA AT A DEPTH
OF AT LEAST SIX FEET SHALL BE PROVIDED IN THE FRONT YARD OF FIFTY
PERCENT OF THE HOMES IN A SUBDIVISION. NO PORCH SHALL TERMINATE
WITHIN THE PLANE OF A DOOR OR WINDOW.

6. The perimeter wall adjacent to 19th Avenue shall include minimum 3-foot offsets at a
5. minimum spacing of every 50 feet and material and textural differences, such as
Page 577
stucco and/or split face block with a decorative element, such as tile, glass insets, or
stamped designs, as approved by the Planning and Development Department.

7. Fence and wall materials adjacent to common areas and open space as depicted on
6. the site plan date stamped July 28, 2017 shall consist of wrought iron, split rail, corral
fencing, or a combination of 3 feet of solid masonry topped by open wrought iron or a
similar material, or a combination of the aforementioned fence types and open farm
fencing, as approved by the Planning and Development Department.

8. THE DEVELOPER SHALL DEDICATE MINIMUM 50-FEET OF RIGHT-OF-WAY
ALONG THE WEST SIDE OF 19TH AVENUE. IMPROVEMENTS SHALL INCLUDE A
MINIMUM 5-FOOT-WIDE DETACHED SIDEWALK AND MINIMUM 11-FOOT-WIDE
LANDSCAPE STRIP LOCATED BETWEEN THE BACK OF CURB AND SIDEWALK,
AS APPROVED OR MODIFIED BY THE PLANNING AND DEVELOPMENT
DEPARTMENT. LANDSCAPE STRIP PLANTING REQUIREMENTS TO BE
APPROVED BY PLANNING AND DEVELOPMENT.

9. The developer shall dedicate right-of-way totaling 25 feet for the east half of 20th
7. Avenue, as approved by the Planning and Development Department

10. The developer shall construct all streets within and adjacent to the development with
8. 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.

11. In the event archaeological materials are encountered during construction, the
9. 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.

12. The property owner shall record documents that disclose the existence, and
10. 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.

13. 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
Les Scott at 602-261-8980, leslie.scott@phoenix.gov or TTY: Use 7-1-1.

Page 578
ATTACHMENT D

CITY OF PHOENIX
PLANNING AND DEVELOPMENT DEPARTMENT

FORM TO REQUEST PC to CC
I HEREBY REQUEST THAT THE CC HOLD A PUBLIC HEARING ON:

APPLICATION NO/ PHO-2-22—Z-47-17-8 (SIGNATURE ON ORIGINAL IN FILE)
LOCATION Approximately 130 feet opposition x applicant
north of the northwest
corner of 19th Avenue
and Latona Lane

APPEALED FROM: PC 2020 W. South Mountain Avenue
October 6, 2022 Phoenix, AZ 85014

PC DATE STREET/ADDRESS/CITY/STATE/ZIP
TO PC/CC CC H. Jewel Clark
HEARING November 2, 2022 480-664-9436
hjewelclark@fastmail.com

CC DATE NAME / PHONE / EMAIL
REASON FOR REQUEST:

Increased density is incompatible with neighborhood per Rio Montana Plan guidelines,
community efforts, and precedent with previously approved developments in area.
Request reduction to 3 houses/acre per original site plan to allow for greater setbacks
from S-1 neighbors plus stipulation or guaranteed confirmation of all single story
homes.

RECEIVED BY: Greg Harmon RECEIVED ON: 10/11/2022

Alan Stephenson
Joshua Bednarek Greg Harmon
Tricia Gomes Paul M. Li
Racelle Escolar Village Planner
Stephanie Vasquez GIS
Diana Hernandez Applicant
David Urbinato
Vikki Cipolla-Murillo

Page 579
Page 580
Attachment E
Bradley A Wylam

From: Gina Baker
Sent: Thursday, August 4, 2022 7:25 AM
To: Elias Valencia; PDD PHO; Bradley A Wylam; PDD Long Range Planning
Subject: Cases Z-47-17-8/2-22--Z-47-17-8

Hello,
Jewel Clark authored the below on our behalf. We whole-heartedly request alignment to the Rio Montana Plan and
agree with all requests below. Please consider the adverse impact to our community in your decision making.

My name is Gina Johnson and my husband and I own the property at 1816 W Magdalena Lane, which is near the
proposed Bella Rosa development, Z-47-17-8/2-22--Z-47-17-8. Based on the original plans and the currently proposed
ones, I respectfully request consideration and amendment of several elements of this plan to better align with the
neighborhood.

The items of concern the current Bella Rosa plan calls for are:

 3.51 acres per home (18 houses on 5 acres)
 2 story+30' height homes
 9% open space

The original stipulated Bella Rosa site plan called for:

 3.03 houses per acre
 2 story+30' height homes
 ~14% open space

The proposed site is not in keeping with the current design and density precedents that have been established in the
area nor is it in keeping with the originally approved plan for density. It is also not in keeping with the Rio Montana Plan
in key elements based on the currently submitted documents.

The last 2 approved R1-10 developments, Kimura and Andora, which are located at the intersection of 19th Ave. and W.
South Mountain Ave. (barely 600ft from Bella Rosa) have these requirements:
Kimura

 3 houses per acre
 All single story
 16.5% open space
 minimum lot width of 55'
 Varied lot widths
 Landscape setback from 19th Ave. is 154'
 Energy Star building

Andora

 2.5 houses per acre
 All single story
 17% open space
 minimum lot widths of 75'

Page 581
 Landscape setback from 19th Ave is 25'
 Energy Star building

Bella Rosa should be held to the same design standards that Kimura and Andora have agreed to, which are much more
compatible with our rural character. Much has changed in the area since the original plans for this development were
approved and this development should be brought up to date concerning what is in keeping with currently approved
applications in terms of density, open space, house height and also heat mitigation efforts.

Please consider the following items to require from this development to preserve our "certainty of character" and
allow Bella Rosa to better align with the established design precedents for our community and the Rio Montana Plan:

 Housing density no higher than the originally approved plan: 3.03
 Single story homes (the only facade designs offered were single story in the application but the site details
appear to indicate all 2 story + 30' homes)
 Landscaped setback from 19th Ave. no less than 25' (which is achievable with the originally approved density)
 Increased setback from 20th Ave and esp. if 2-story houses are approved.
 Additional heat mitigation requirements: front yard trees to shade driveways and sidewalks plus any
additional requirements the city's heat mitigation department has designated. Minimum 50% 3" caliper trees
as well.
 Energy Star and other energy efficient/sustainable building methods
 Electric vehicle charging

The set back from 20th Ave. is appreciated and should not be diminished but it does not ameliorate the fact that 2-story
+30' foot high houses would be towering over and looking into the western neighbor's properties, all of whom have S-
1 homes with single stories. In fact, all the neighbors surrounding this proposed development on the west and south are
on acre+ S-1 properties. The Rio Montana Plan calls for maintaining a feeling of open space to maintain rural character.
One way to do this has been to have deep setbacks from major streets and requiring this feature for Bella Rosa is
completely appropriate and in keeping with what all other developers along 19th Ave. have agreed to.

As a reminder, the Rio Montana Plan calls for (among other criteria):

 Any development to be sensitive to the surrounding area, inc. existing development, and consider the larger
context in which it is located.
 Limiting the use of two story buildings
 Provide deep overhangs/covered porches
 Shade for pedestrian comfort
 Trees on east and west sides of buildings
 Varying roof lines, facade designs and materials, rear-loaded garages (no "garage-scaping"), staggered setback
lines, no privacy fencing
 The common objective for single family development is more variety than standard subdivisions being built
throughout the Valley

The community simply wants the city to keep the promise it made to residents by holding developers to the guidelines
outlined in the general and village development plans. Thank you.
Sincerely,
Adam and Gina Johnson
1816 W Magdalena Ln.
Phx, AZ 85041
602-332-5297

Sent from my iPhone

Page 582
Bradley A Wylam

From: DJC
Sent: Wednesday, August 3, 2022 11:43 AM
To: Elias Valencia; ppd.pho@phoenix.gov; Bradley A Wylam; ppd.longrange@phoenix.gov
Subject: Proposed Bella Rosa development, Z-47-17-8/ 2-22--Z-47-17-8
Attachments: Chiarelli_Bella_Rosa_ August 3-2022.pdf

Re: Proposed Bella Rosa development, Z-47-17-8/2-22--Z-47-17-8.

My name is Dean Chiarelli; a homeowner & resident in South Mountain for the last 11 years. I am in 100% agreement with the letter
submitted by Jewel Clark [2020 W. South Mountain Ave. Phoenix, AZ 85041]. I respectfully request consideration and amendment
of this plan to better align with the neighborhood. Attached is my signed letter.

The items of concern the current Bella Rosa plan calls for are:

 3.51 acres per home (18 houses on 5 acres)
 2 story+30' height homes
 9% open space

The original stipulated Bella Rosa site plan called for:

 3.03 houses per acre
 2 story+30' height homes
 ~14% open space

The proposed site is not in keeping with the current design and density precedents established in the area, nor is it in keeping with the
initially approved plan for density. Based on the currently submitted documents, it is also not in keeping with the Rio Montana Plan
design elements. The last two approved R1-10 developments, Kimura and Andora, situated at the intersection of 19th Ave. and W.
South Mountain Ave. (barely 600ft from Bella Rosa), have these requirements:

Kimura

 3 houses per acre
 All single story
 16.5% open space
 minimum lot width of 55'
 Varied lot widths
 Landscape setback from 19th Ave. is 154'
 Energy Star building

Andora

 2.5 houses per acre
 All single story
 17% open space
 minimum lot widths of 75'
 Landscape setback from 19th Ave is 25'
 Energy Star building

Bella Rosa should adhere to the same design standards that Kimura and Andora have agreed to, which are much more compatible w ith
our rural character. Much has changed in the area since the original plans for this development were approved. The proposed
development should be updated in alignment with currently approved applications regarding density, open space, house height, and
heat mitigation efforts.

Page 583
Please consider the following items to require from this development to preserve our "certainty of character" and allow Bella
Rosa to better align with the established design precedents for our community and the Rio Montana Plan:

 Housing density no higher than the originally approved plan: 3.03
 Single story homes (the only facade designs offered were single story in the application, but the site details appear to
indicate all 2 story + 30' homes)
 Landscaped setback from 19th Ave. no less than 25' (which is achievable with the originally approved density)
 Increased setback from 20th Ave and esp. if 2-story houses are approved.
 Additional heat mitigation requirements include front yard trees to shade driveways and sidewalks and any
additional requirements the city's heat mitigation department has designated—minimum 50% 3" caliper trees.
 Energy Star and other energy-efficient/sustainable building methods
 Electric vehicle charging

The setback from 20th Ave. is appreciated. It should not be diminished but it does not lessen the fact that 2-story +30' foot high
houses would be towering over and looking into the western neighbor's properties, all of whom have S-1 homes with single
stories. All the neighbors surrounding this proposed development on the west and south are on acre+ S-1 properties. The Rio
Montana Plan calls for a feeling of open space to maintain rural character. One way to accomplish this is to have deep setbacks from
major streets. The requirement of this feature for Bella Rosa is entirely appropriate in keeping with what all other developers along
19th Ave. have agreed to.

As a reminder, the Rio Montana Plan calls for (among other criteria):

 Any development to be sensitive to the surrounding area, inc. existing development, and consider the larger context in which
it is located.
 Limiting the use of two-story buildings
 Provide deep overhangs/covered porches
 Shade for pedestrian comfort
 Trees on the east and west sides of buildings
 Varying roof lines, facade designs and materials, rear-loaded garages (no "garage-scaping"), staggered setback lines, no
privacy fencing
 The common objective for single-family development is more variety than standard subdivisions being built throughout the
Valley

The community simply wants the city to keep its promise to residents by holding developers to the guidelines outlined in the general
and village development plans. Thank you.

Dean Chiarelli, MA, Registered Dietitian, Registered Environmental Health Specialist
912 E. La Mirada Drive
Phoenix, AZ 85042

Page 584
Bradley A Wylam

From: PDD Planning Commission
Sent: Wednesday, October 5, 2022 10:51 AM
To: Bradley A Wylam
Cc: Racelle Escolar
Subject: FW: October 6: Opposition to PHO-2-22-Z-47-17-8

Follow Up Flag: Follow up
Flag Status: Flagged

Brad, Please put in correspondence. Thx Vikki

From: DJC
Sent: Sunday, October 2, 2022 6:18 PM
To: PDD Planning Commission
Subject: October 6: Opposition to PHO-2-22-Z-47-17-8

To Phoenix Planning & Development Commission,

I oppose density above 3 houses per acre in our area and do not support the application PHO-2-22--Z-47-17-8 at its
current density of 3.5 houses per acre. Our community has worked very hard to maintain our rural character as outlined
by the Rio Montana plan and as consistent with current land use. I support developers who want to create developments
compatible with existing neighbors and other land use in our area. This application does not meet that standard and if
approved as-is, I do not want it to be considered as a precedent for future applications.

Dean Chiarelli, MA, Registered Dietitian, Registered Environmental Health Specialist
912 East La Mirada Drive
Phoenix AZ 85042

Page 585
Bradley A Wylam

From: H. Jewel Clark
Sent: Wednesday, August 3, 2022 8:46 AM
To: Elias Valencia; PDD PHO; Bradley A Wylam; PDD Long Range Planning
Subject: Comments for case Z-47-17-8/2-22--Z-47-17-8. SMVPC agenda items 7, 8. PHO agenda
item 5

Hello,

My name is Jewel Clark and my husband and I own the property at 2020 W. South Moutain Ave, which is across 20th
Ave. from the proposed Bella Rosa development, Z-47-17-8/2-22--Z-47-17-8. Based on the original plans and the
currently proposed ones, I respectfully request consideration and amendment of several elements of this plan to better
align with the neighborhood.

The items of concern the current Bella Rosa plan calls for are:

 3.51 acres per home (18 houses on 5 acres)
 2 story+30' height homes
 9% open space

The original stipulated Bella Rosa site plan called for:

 3.03 houses per acre
 2 story+30' height homes
 ~14% open space

The proposed site is not in keeping with the current design and density precedents that have been established in the
area nor is it in keeping with the originally approved plan for density. It is also not in keeping with the Rio Montana Plan
in key elements based on the currently submitted documents.

The last 2 approved R1-10 developments, Kimura and Andora, which are located at the intersection of 19th Ave. and W.
South Mountain Ave. (barely 600ft from Bella Rosa) have these requirements:
Kimura

 3 houses per acre
 All single story
 16.5% open space
 minimum lot width of 55'
 Varied lot widths
 Landscape setback from 19th Ave. is 154'
 Energy Star building

Andora

 2.5 houses per acre
 All single story
 17% open space
 minimum lot widths of 75'
 Landscape setback from 19th Ave is 25'

Page 586
 Energy Star building

Bella Rosa should be held to the same design standards that Kimura and Andora have agreed to, which are much more
compatible with our rural character. Much has changed in the area since the original plans for this development were
approved and this development should be brought up to date concerning what is in keeping with currently approved
applications in terms of density, open space, house height and also heat mitigation efforts.

Please consider the following items to require from this development to preserve our "certainty of character" and
allow Bella Rosa to better align with the established design precedents for our community and the Rio Montana Plan:

 Housing density no higher than the originally approved plan: 3.03
 Single story homes (the only facade designs offered were single story in the application but the site details
appear to indicate all 2 story + 30' homes)
 Landscaped setback from 19th Ave. no less than 25' (which is achievable with the originally approved density)
 Increased setback from 20th Ave and esp. if 2-story houses are approved.
 Additional heat mitigation requirements: front yard trees to shade driveways and sidewalks plus any
additional requirements the city's heat mitigation department has designated. Minimum 50% 3" caliper trees
as well.
 Energy Star and other energy efficient/sustainable building methods
 Electric vehicle charging

The set back from 20th Ave. is appreciated and should not be diminished but it does not ameliorate the fact that 2-story
+30' foot high houses would be towering over and looking into the western neighbor's properties, all of whom have S-
1 homes with single stories. In fact, all the neighbors surrounding this proposed development on the west and south are
on acre+ S-1 properties. The Rio Montana Plan calls for maintaining a feeling of open space to maintain rural character.
One way to do this has been to have deep setbacks from major streets and requiring this feature for Bella Rosa is
completely appropriate and in keeping with what all other developers along 19th Ave. have agreed to.

As a reminder, the Rio Montana Plan calls for (among other criteria):

 Any development to be sensitive to the surrounding area, inc. existing development, and consider the larger
context in which it is located.
 Limiting the use of two story buildings
 Provide deep overhangs/covered porches
 Shade for pedestrian comfort
 Trees on east and west sides of buildings
 Varying roof lines, facade designs and materials, rear-loaded garages (no "garage-scaping"), staggered setback
lines, no privacy fencing
 The common objective for single family development is more variety than standard subdivisions being built
throughout the Valley

The community simply wants the city to keep the promise it made to residents by holding developers to the guidelines
outlined in the general and village development plans. Thank you.
Sincerely,
Jewel Clark
2020 W. South Mountain Ave.
Phoenix, AZ 85041

--
H. Jewel Clark
hjewelclark@fastmail.com

Page 587
Bradley A Wylam

From: Elias Valencia
Sent: Friday, August 5, 2022 3:08 PM
To: Bradley A Wylam
Cc: Adam Stranieri
Subject: FW: Objection to Z-47-17-8/2-22 and Z-47-18-8

-----Original Message-----
From: Dorothy Hallock
Sent: Friday, August 5, 2022 1:15 PM
To: Elias Valencia
Subject: Objection to Z-47-17-8/2-22 and Z-47-18-8

The proposed change in density is unacceptable. Two story houses are totally out of character with adjacent houses on
acre plus lots.
Deny this request please!

Dorothy Hallock
2050 W South Mountain Ave Phoenix 85041

Sent from my iPhone

Page 588
From: PDD Long Range Planning
To: Elias Valencia
Cc: Sarah Stockham
Subject: FW: Z-47-17-8/2-22--Z-47-17-8
Date: Wednesday, August 3, 2022 6:56:17 AM

For you Elias

Thank you,
Geno Koman
Secretary II
200 West Washington Street, 3rd Floor
Phoenix, Arizona 85003
Phone: 602-495-2076
geno.koman@phoenix.gov

From: Erin Hegedus
Sent: Tuesday, August 2, 2022 6:38 PM
To: PDD Long Range Planning
Subject: Z-47-17-8/2-22--Z-47-17-8

Hello,

My name is Erin Hegedus and I reside at 8630 South 19th Avenue, Several hundred yards south of
the proposed Bella Rosa development, Z-47-17-8/2-22--Z-47-17-8. Based on the original plans and
the currently proposed ones, I would like to request consideration and amendment of several
elements of this plan to better align with the neighborhood.

The items of concern the current Bella Rosa plan calls for are:

3.51 acres per home (18 houses on 5 acres)
9% open space
2 story+30' height homes
The original stipulated Bella Rosa site plan called for:

3.03 houses per acre
13.9% open space
2 story+30' height homes
The new plan is not in keeping with the current design and density precedents that have been
established in the area nor is it in keeping even with the originally approved plan in two key areas.

The last 2 approved R1-10 developments, Kimura and Andora, which are located at the intersection
of 19th Ave. and W. South Mountain Ave. (just over 600ft from Bella Rosa) have these requirements:
Kimura

Page 589
3 houses per acre
All single story
16.5% open space
minimum lot width of 55'
Varied lot widths
Landscape setback from 19th Ave. is 154'
Energy Star building
Andora

2.5 houses per acre
All single story
17% open space
minimum lot widths of 75'
Landscape setback from 19th Ave is 25'
Energy Star building
As you can see, the differences are striking and I would like Bella Rosa to be held to the same design
standards that Kimura and Andora have. Much has changed in the area since the original plans for
this development were approved and this development should be brought up to date concerning
what is in keeping with currently approved applications in terms of density, open space, house
height and also in terms of heat mitigation.

Please consider the following items to require from this development to preserve our "certainty
of character" and allow Bella Rosa to better align with the established design precedents for our
community:

Housing density no higher than the originally approved plan: 3.03
Open space no less than the originally approved plan: ~14%
Single story homes (the only facade designs offered were single story in the application but
the site details appear to indicate all 2 story homes)
Landscaped setback from 19th Ave. no less than 25'
Additional heat mitigation requirements: front yard trees to shade driveways and sidewalks
plus any additional requirements the city's heat mitigation department has designated.
Minimum 50% 3" caliper trees as well.
Energy Star and other energy efficient/sustainable building methods
Electric vehicle charging

Page 590
Bradley A Wylam

From: PDD Planning Commission
Sent: Wednesday, October 5, 2022 10:52 AM
To: Bradley A Wylam
Cc: Racelle Escolar
Subject: FW: PHO-2-22-Z-4-17-8

Follow Up Flag: Follow up
Flag Status: Flagged

Brad, Please put in Correspondence file, Vikki

From: Erin Hegedus
Sent: Monday, October 3, 2022 2:29 PM
To: PDD Planning Commission
Subject: PHO-2-22-Z-4-17-8

I oppose density above 3 houses per acre in our area and do not support the application PHO-2-22--Z-47-17-8 at its
current density of 3.5 houses per acre.

Our community has worked very hard to maintain our rural character as outlined by the Rio Montana plan and as
consistent with current land use. I support developers who want to create developments compatible with existing
neighbors and other land use in our area. This application does not meet that standard and if approved as-is, I do not
want it to be considered as precedent for future applications.

Further, I am extremely concerned with increased traffic along this corridor. There are currently safety concerns with the
open SRP irrigation to the east of this property along with speed of traffic that flows from the intersection of 19 th Avenue &
Baseline and flows to Dobbins Road. Speed is excessive and the multi lane merging into single lanes is a continual
problem

I would like to see the developers responsible for road improvements that benefit the area, not just their development.

Thank you.

Erin Hegedus, CMRP
8630 South 19th Avenue
Phoenix, AZ 85041

Page 591
Bradley A Wylam

From: PDD Planning Commission
Sent: Wednesday, October 5, 2022 10:46 AM
To: Bradley A Wylam
Cc: Racelle Escolar
Subject: FW: Proposed Bella Rosa Development / PHO-2-22-7-47-17-8

Follow Up Flag: Follow up
Flag Status: Flagged

Brad, Please add to the correspondence for this case if you have not already. Vikki

From: JoAnne Jensen
Sent: Sunday, October 2, 2022 2:31 PM
To: PDD Planning Commission
Cc: hjewelclark@fastmail.com
Subject: Proposed Bella Rosa Development / PHO-2-22-7-47-17-8

My name is JoAnne Jensen, 8303 South 17th Drive; Phoenix AZ 85041.

I oppose the proposed density for this development at 3.5 units per acre. South Mountain has worked very hard to
maintain our rural character, as outlined in the Rio Montana Plan. The proposed density is inconsistent with that plan
and is inconsistent with optimal land use for South Mountain. Beyond that, all of the current homes in this area are
single-story – the proposed 60% of two story homes does not match the neighborhood.

We truly support development that is consistent with and compatible with the currently in place surrounding neighbors
and accords with the Rio Montana development plan.

This application does not meet that standard, and if approved as presented, it will provide a density precedent which is
inappropriate for this community.

Thank you very much.

JoAnne Jensen
480-213-6499

Sent from Mail [go.microsoft.com] for Windows

Page 592
Bradley A Wylam

From: Mike Josic
Sent: Sunday, August 7, 2022 9:24 PM
To: Elias Valencia; PDD PHO; Bradley A Wylam; PDD Long Range Planning
Subject: Z-47-17-8/2-22--Z-47-17-

To Whom it may concern,

My name is Mike Josic. My wife and I own the property at 2020 W. South Mountain Ave, which is directly across 20th
Ave. from the proposed Bella Rosa development, Z-47-17-8/2-22--Z-47-17-8.

Here are my comments on the proposed changes.
I do not oppose the increased density. I do oppose two story houses along 20th Ave and the south side of the property
bordering the existing homes. People who have lived here for decades deserve a reasonable level of privacy.
Recently approved developments nearby have all maintained a single story limitation.
The proposed site is not in keeping with the current design precedents that have been recently established in the area.
The last 2 approved R1-10 developments, Kimura and Andora, which are located at the intersection of 19th Ave. and W.
South Mountain Ave. (barely 600ft from Bella Rosa) have these requirements:
Kimur

 All single story
 Energy Star building

Andora

 All single story
 Energy Star building

Bella Rosa should be held to the same design standards that Kimura and Andora have agreed to, which are much more
compatible with our rural character. Much has changed in the area since the original plans for this development were
approved and this development should be brought up to date concerning what is in keeping with currently approved
applications in terms of density, open space, house height and also heat mitigation efforts.

Please require the following items from this development, to preserve our "certainty of character" and allow Bella
Rosa to better align with the established design precedents for our community and the Rio Montana Plan:

 Single story homes (the only facade designs offered were single story in the application but the site details
appear to indicate all 2 story + 30' homes)
 Increased setback from 20th Ave.
 Additional heat mitigation requirements: Cool roofs, front yard trees to shade driveways and sidewalks plus
any additional requirements the city's heat mitigation department has designated. Minimum 50% 3" caliper
trees as well.
 Energy Star and other energy efficient/sustainable building methods.

The setback from 20th Ave. is appreciated and should not be reduced but it does not ameliorate the fact that 2-story
+30' foot high houses would be towering over and looking into my and my neighbor's properties. We all have homes
zoned S-1 homes with single stories. In fact, all the neighbors surrounding this proposed development on the west and
south are on acre+ S-1 properties and have single story homes. The Rio Montana Plan calls for maintaining a feeling of

Page 593
open space to maintain rural character. One way to do this has been to require single stories and have deep setbacks
from major streets. Requiring this feature for Bella Rosa is completely appropriate and in keeping with what all other
developers along 19th Ave. have agreed to.

As a reminder, the Rio Montana Plan calls for (among other criteria):

 Any development to be sensitive to the surrounding area, inc. existing development, and consider the larger
context in which it is located.
 Limiting the use of two story buildings
 Provide deep overhangs/covered porches
 Shade for pedestrian comfort
 Trees on east and west sides of buildings
 Varying roof lines, facade designs and materials, rear-loaded garages (no "garage-scaping"), staggered setback
lines, no privacy fencing
 The common objective for single family development is more variety than standard subdivisions being built
throughout the Valley

The community simply wants the city to keep the promise it made to residents by holding developers to the guidelines
outlined in the general and village development plans.

Thank you.

Mike Josic
2020 W. South Mountain Ave.
Phoenix, AZ 85041

Page 594
Bradley A Wylam

From: mijosic@fastmail.fm
Sent: Tuesday, August 9, 2022 11:50 AM
To: Bradley A Wylam; PDD PHO
Subject: Clarification on opposition for application Z-47-17-8/2-22--Z-47-17-8 agenda item 5 -
PHO hearing

Hello,

My name is Mike Josic. My wife and I own the property at 2020 W. South Mountain Ave, which is directly across 20th
Ave. from the proposed Bella Rosa development, Z-47-17-8/2-22--Z-47-17-8.

I originally wrote I did not oppose increased density but I want to clarify that I accept the original density approved for 3
houses per acre. I am OPPOSED to any increase in that density. Please update accordingly. Thank you.
Mike Josic

Page 595
Bradley A Wylam

From: RMonti Main Office
Sent: Wednesday, August 3, 2022 8:56 AM
To: Elias Valencia; PDD PHO; Bradley A Wylam; PDD Long Range Planning
Cc: H. Jewel Clark
Subject: Z-47-17-8/2-22--Z-47-17-8

Hello,

We are “The Montemayor Family” and we own the property at 2035 W Olney Ave, which is on 19 th Avenue and Olney.
Based on the original plans and the currently proposed ones, I respectfully request consideration and amendment of
several elements of this plan to better align with the neighborhood.

The items of concern the current Bella Rosa plan calls for are:

 3.51 acres per home (18 houses on 5 acres)
 2 story+30' height homes
 9% open space

The original stipulated Bella Rosa site plan called for:

 3.03 houses per acre
 2 story+30' height homes
 ~14% open space

The proposed site is not in keeping with the current design and density precedents that have been established in the
area nor is it in keeping with the originally approved plan for density. It is also not in keeping with the Rio Montana Plan
in key elements based on the currently submitted documents.

The last 2 approved R1-10 developments, Kimura and Andora, which are located at the intersection of 19th Ave. and W.
South Mountain Ave. (barely 600ft from Bella Rosa) have these requirements:
Kimura

 3 houses per acre
 All single story
 16.5% open space
 minimum lot width of 55'
 Varied lot widths
 Landscape setback from 19th Ave. is 154'
 Energy Star building

Andora

 2.5 houses per acre
 All single story
 17% open space
 minimum lot widths of 75'
 Landscape setback from 19th Ave is 25'
 Energy Star building

Page 596
Bella Rosa should be held to the same design standards that Kimura and Andora have agreed to, which are much more
compatible with our rural character. Much has changed in the area since the original plans for this development were
approved and this development should be brought up to date concerning what is in keeping with currently approved
applications in terms of density, open space, house height and also heat mitigation efforts.

Please consider the following items to require from this development to preserve our "certainty of character" and
allow Bella Rosa to better align with the established design precedents for our community and the Rio Montana Plan:

 Housing density no higher than the originally approved plan: 3.03
 Single story homes (the only facade designs offered were single story in the application but the site details
appear to indicate all 2 story + 30' homes)
 Landscaped setback from 19th Ave. no less than 25' (which is achievable with the originally approved density)
 Increased setback from 20th Ave and esp. if 2-story houses are approved.
 Additional heat mitigation requirements: front yard trees to shade driveways and sidewalks plus any
additional requirements the city's heat mitigation department has designated. Minimum 50% 3" caliper trees
as well.
 Energy Star and other energy efficient/sustainable building methods
 Electric vehicle charging

The set back from 20th Ave. is appreciated and should not be diminished but it does not ameliorate the fact that 2-story
+30' foot high houses would be towering over and looking into the western neighbor's properties, all of whom have S-
1 homes with single stories. In fact, all the neighbors surrounding this proposed development on the west and south are
on acre+ S-1 properties. The Rio Montana Plan calls for maintaining a feeling of open space to maintain rural character.
One way to do this has been to have deep setbacks from major streets and requiring this feature for Bella Rosa is
completely appropriate and in keeping with what all other developers along 19th Ave. have agreed to.

As a reminder, the Rio Montana Plan calls for (among other criteria):

 Any development to be sensitive to the surrounding area, inc. existing development, and consider the larger
context in which it is located.
 Limiting the use of two story buildings
 Provide deep overhangs/covered porches
 Shade for pedestrian comfort
 Trees on east and west sides of buildings
 Varying roof lines, facade designs and materials, rear-loaded garages (no "garage-scaping"), staggered setback
lines, no privacy fencing
 The common objective for single family development is more variety than standard subdivisions being built
throughout the Valley

The community simply wants the city to keep the promise it made to residents by holding developers to the guidelines
outlined in the general and village development plans. Thank you.
Sincerely,
The Montemayor Family
2035 W Olney Ave.
Phoenix, AZ 85041

Page 597
Bradley A Wylam

From: Miguel Rubio
Sent: Tuesday, August 9, 2022 12:16 PM
To: PDD PHO
Subject: opposition letter

Hello,

My name is Stephanie bell and my husband Miguel rubio and I own the property at 8020 south 20 th Ave, which is across
20th Ave. from the proposed Bella Rosa development, Z-47-17-8/2-22--Z-47-17-8. Based on the original plans and the
currently proposed ones, I respectfully request consideration and amendment of several elements of this plan to better
align with the neighborhood.

The items of concern the current Bella Rosa plan calls for are:
• 3.51 acres per home (18 houses on 5 acres)
• 2 story+30' height homes
• 9% open space
The original stipulated Bella Rosa site plan called for:
• 3.03 houses per acre
• 2 story+30' height homes
• ~14% open space
The proposed site is not in keeping with the current design and density precedents that have been established in the
area nor is it in keeping with the originally approved plan for density. It is also not in keeping with the Rio Montana Plan
in key elements based on the currently submitted documents.

The last 2 approved R1-10 developments, Kimura and Andora, which are located at the intersection of 19th Ave. and W.
South Mountain Ave. (barely 600ft from Bella Rosa) have these requirements:
Kimura
• 3 houses per acre
• All single story
• 16.5% open space
• minimum lot width of 55'
• Varied lot widths
• Landscape setback from 19th Ave. is 154'
• Energy Star building
Andora
• 2.5 houses per acre
• All single story
• 17% open space
• minimum lot widths of 75'
• Landscape setback from 19th Ave is 25'
• Energy Star building
Bella Rosa should be held to the same design standards that Kimura and Andora have agreed to, which are much more
compatible with our rural character. Much has changed in the area since the original plans for this development were
approved and this development should be brought up to date concerning what is in keeping with currently approved
applications in terms of density, open space, house height and also heat mitigation efforts.

Page 598
Please consider the following items to require from this development to preserve our "certainty of character" and allow
Bella Rosa to better align with the established design precedents for our community and the Rio Montana Plan:
• Housing density no higher than the originally approved plan: 3.03
• Single story homes (the only facade designs offered were single story in the application but the site details
appear to indicate all 2 story + 30' homes)
• Landscaped setback from 19th Ave. no less than 25' (which is achievable with the originally approved density)
• Increased setback from 20th Ave and esp. if 2-story houses are approved.
• Additional heat mitigation requirements: front yard trees to shade driveways and sidewalks plus any additional
requirements the city's heat mitigation department has designated. Minimum 50% 3" caliper trees as well.
• Energy Star and other energy efficient/sustainable building methods
• Electric vehicle charging
The set back from 20th Ave. is appreciated and should not be diminished but it does not ameliorate the fact that 2-story
+30' foot high houses would be towering over and looking into the western neighbor's properties, all of whom have S-
1 homes with single stories. In fact, all the neighbors surrounding this proposed development on the west and south are
on acre+ S-1 properties. The Rio Montana Plan calls for maintaining a feeling of open space to maintain rural character.
One way to do this has been to have deep setbacks from major streets and requiring this feature for Bella Rosa is
completely appropriate and in keeping with what all other developers along 19th Ave. have agreed to.

As a reminder, the Rio Montana Plan calls for (among other criteria):
• Any development to be sensitive to the surrounding area, inc. existing development, and consider the larger
context in which it is located.
• Limiting the use of two story buildings
• Provide deep overhangs/covered porches
• Shade for pedestrian comfort
• Trees on east and west sides of buildings
• Varying roof lines, facade designs and materials, rear-loaded garages (no "garage-scaping"), staggered setback
lines, no privacy fencing
• The common objective for single family development is more variety than standard subdivisions being built
throughout the Valley
The community simply wants the city to keep the promise it made to residents by holding developers to the guidelines
outlined in the general and village development plans. Thank you.
Sincerely,

STEPHANIE BELL
MIGUEL RUBIO

RB_CONTRACTING1LC@OUTLOOK.COM

RB CONTRACTING LLC
8020 S 2OTH AVE
PHX,AZ 85041
(602) 366 9334

Page 599
Bradley A Wylam

From: PDD Planning Commission
Sent: Thursday, October 6, 2022 11:02 AM
To: Bradley A Wylam
Cc: Racelle Escolar
Subject: FW: Opposed to density- PHO-2-22--Z-47-17-8

Brad, Please put in file – hard and digital
From: Miguel Rubio
Sent: Thursday, October 6, 2022 9:33 AM
To: PDD Planning Commission
Subject: Opposed to density

My name is Miguel rubio I reside at
8020 s 20th Ave south 20th Ave phoenix, Az 85041.

> I oppose density above 3 houses per acre in our area and do not support the application PHO-2-22--Z-47-17-8 at its
current density of 3.5 houses per acre. Our community has worked very hard to maintain our rural character as outlined
by the Rio Montana plan and as consistent with current land use. I support developers who want to create developments
compatible with existing neighbors and other land use in our area. This application does not meet that standard and if
approved as-is, I do not want it to be considered as precedent for future applications.
I am donating my time to speak to jewel Clark. Thanks

RB CONTRACTING LLC
8020 S 20TH AVE
PHOENIX, AZ 85041
602 366 9334

Page 600
Bradley A Wylam

From: Ravi Sharma
Sent: Wednesday, August 3, 2022 7:02 PM
To: Elias Valencia; PDD PHO; Bradley A Wylam; PDD Long Range Planning
Cc: Ravi Sharma
Subject: Case Number : Z-47-17-8/2-22--Z-47-17-8

Hello,

My name is Ravinder Sharma. My wife (Snigdha Sharma) and I own the property at 8012 S 20th Avenue which is across
20th Ave. from the proposed Bella Rosa development, Z-47-17-8/2-22--Z-47-17-8. Based on the original plans and the
currently proposed ones, I respectfully request consideration and amendment of several elements of this plan to better
align with the neighborhood.

The items of concern the current Bella Rosa plan calls for are:

 3.51 homes per acre (18 houses on 5 acres)
 2 story+30' height homes
 9% open space

The original stipulated Bella Rosa site plan called for:

 3.03 houses per acre
 2 story+30' height homes
 ~14% open space

The proposed site is not in keeping with the current design and density precedents that have been established in the
area nor is it in keeping with the originally approved plan for density. It is also not in keeping with the Rio Montana Plan
in key elements based on the currently submitted documents.

The last 2 approved R1-10 developments, Kimura and Andora, which are located at the intersection of 19th Ave. and W.
South Mountain Ave. (barely 600ft from Bella Rosa) have these requirements:
Kimura

 3 houses per acre
 All single story
 16.5% open space
 minimum lot width of 55'
 Varied lot widths
 Landscape setback from 19th Ave. is 154'
 Energy Star building

Andora

 2.5 houses per acre
 All single story
 17% open space
 minimum lot widths of 75'
 Landscape setback from 19th Ave is 25'

Page 601
 Energy Star building

Bella Rosa should be held to the same design standards that Kimura and Andora have agreed to, which are much more
compatible with our rural character. Much has changed in the area since the original plans for this development were
approved and this development should be brought up to date concerning what is in keeping with currently approved
applications in terms of density, open space, house height and also heat mitigation efforts.

Please consider the following items to require from this development to preserve our "certainty of character" and
allow Bella Rosa to better align with the established design precedents for our community and the Rio Montana Plan:

 Housing density no higher than the originally approved plan: 3.03
 Single story homes (the only facade designs offered were single story in the application but the site details
appear to indicate all 2 story + 30' homes)
 Landscaped setback from 19th Ave. no less than 25' (which is achievable with the originally approved density)
 Increased setback from 20th Ave and esp. if 2-story houses are approved.
 Additional heat mitigation requirements: front yard trees to shade driveways and sidewalks plus any
additional requirements the city's heat mitigation department has designated. Minimum 50% 3" caliper
trees as well.
 Energy Star and other energy efficient/sustainable building methods
 Electric vehicle charging

The set back from 20th Ave. is appreciated and should not be diminished but it does not ameliorate the fact that 2-story
+30' foot high houses would be towering over and looking into the western neighbor's properties, all of whom have S-
1 homes with single stories. In fact, all the neighbors surrounding this proposed development on the west and south are
on acre+ S-1 properties. The Rio Montana Plan calls for maintaining a feeling of open space to maintain rural character.
One way to do this has been to have deep setbacks from major streets and requiring this feature for Bella Rosa is
completely appropriate and in keeping with what all other developers along 19th Ave. have agreed to.

As a reminder, the Rio Montana Plan calls for (among other criteria):

 Any development to be sensitive to the surrounding area, inc. existing development, and consider the larger
context in which it is located.
 Limiting the use of two story buildings
 Provide deep overhangs/covered porches
 Shade for pedestrian comfort
 Trees on east and west sides of buildings
 Varying roof lines, facade designs and materials, rear-loaded garages (no "garage-scaping"), staggered setback
lines, no privacy fencing
 The common objective for single family development is more variety than standard subdivisions being built
throughout the Valley

The community simply wants the city to keep the promise it made to residents by holding developers to the guidelines
outlined in the general and village development plans. Thank you.
Sincerely,
Ravinder and Snigdha Sharma
8012 S 20th Avenue.
Phoenix, AZ 85041

Page 602
Bradley A Wylam

From: NICHOLAS TORREZ
Sent: Monday, August 8, 2022 3:12 PM
To: Elias Valencia; PDD PHO; Bradley A Wylam; PDD Long Range Planning
Cc: NICHOLAS TORREZ; cheveratrillo@gmail.com; hjewelclark@fastmail.com
Subject: Opposition to modification of stipulations on case Bella Rosa development,
Z-47-17-8/2-22--Z-47-17-8

Hello,

My name is Nicholas Torrez and I live at 2311 W Dobbins Road, which is appx 1 mile from the proposed Bella Rosa development, Z-
47-17-8/2-22--Z-47-17-8. I am in opposition to the changing of previously approved stipulations. Based on the original plans and the
currently proposed ones, I respectfully request consideration and amendment of several elements of this plan to better align with the
neighborhood.

The items of concern the current Bella Rosa plan calls for are:

 3.51 acres per home (18 houses on 5 acres)
 2 story+30' height homes
 9% open space

The original stipulated Bella Rosa site plan called for:

 3.03 houses per acre
 2 story+30' height homes
 ~14% open space

The proposed site is not in keeping with the current design and density precedents that have been established in the area nor is it in
keeping with the originally approved plan for density. It is also not in keeping with the Rio Montana Plan in key elements based on the
currently submitted documents.

The last 2 approved R1-10 developments, Kimura and Andora, which are located at the intersection of 19th Ave. and W. South
Mountain Ave. (barely 600ft from Bella Rosa) have these requirements:
Kimura

 3 houses per acre
 All single story
 16.5% open space
 minimum lot width of 55'
 Varied lot widths
 Landscape setback from 19th Ave. is 154'
 Energy Star building

Andora

 2.5 houses per acre
 All single story
 17% open space
 minimum lot widths of 75'
 Landscape setback from 19th Ave is 25'
 Energy Star building

Bella Rosa should be held to the same design standards that Kimura and Andora have agreed to, which are much more compatible
with our rural character. Much has changed in the area since the original plans for this development were approved and this
development should be brought up to date concerning what is in keeping with currently approved applications in terms of density, open
space, house height and also heat mitigation efforts.

Page 603
Please consider the following items to require from this development to preserve our "certainty of character" and allow Bella
Rosa to better align with the established design precedents for our community and the Rio Montana Plan:

 Housing density no higher than the originally approved plan: 3.03
 Single story homes (the only facade designs offered were single story in the application but the site details appear to
indicate all 2 story + 30' homes)
 Landscaped setback from 19th Ave. no less than 25' (which is achievable with the originally approved density)
 Increased setback from 20th Ave and esp. if 2-story houses are approved.
 Additional heat mitigation requirements: front yard trees to shade driveways and sidewalks plus any additional
requirements the city's heat mitigation department has designated. Minimum 50% 3" caliper trees as well.
 Energy Star and other energy efficient/sustainable building methods
 Electric vehicle charging

The set back from 20th Ave. is appreciated and should not be diminished but it does not ameliorate the fact that 2-story +30' foot high
houses would be towering over and looking into the western neighbor's properties, all of whom have S-1 homes with single stories. In
fact, all the neighbors surrounding this proposed development on the west and south are on acre+ S-1 properties. The Rio Montana
Plan calls for maintaining a feeling of open space to maintain rural character. One way to do this has been to have deep setbacks from
major streets and requiring this feature for Bella Rosa is completely appropriate and in keeping with what all other developers along
19th Ave. have agreed to.

As a reminder, the Rio Montana Plan calls for (among other criteria):

 Any development to be sensitive to the surrounding area, inc. existing development, and consider the larger context in which it
is located.
 Limiting the use of two story buildings
 Provide deep overhangs/covered porches
 Shade for pedestrian comfort
 Trees on east and west sides of buildings
 Varying roof lines, facade designs and materials, rear-loaded garages (no "garage-scaping"), staggered setback lines, no
privacy fencing
 The common objective for single family development is more variety than standard subdivisions being built throughout the
Valley

The community simply wants the city to keep the promise it made to residents by holding developers to the guidelines outlined in the
general and village development plans.

Thank You,
Nicholas Torrez

Page 604
Bradley A Wylam

From: chevera trillo
Sent: Tuesday, August 9, 2022 8:04 AM
To: Elias Valencia; PDD PHO; Bradley A Wylam; PDD Long Range Planning
Subject: Case number: Z-47-17-8/2-22--Z-47-17-8

Hello,
My name is Chevera Trillo, I am a homeowner residing at 2311 West Dobbins Road, Phoenix. I am writing
with concern over the proposed Bella Rosa development, Z-47-17-8/2-22--Z-47-17-8.
I respectfully request consideration and amendment of several elements of this plan to better align with the
neighborhood.

The items of concern the current Bella Rosa plan calls for are:

 3.51 acres per home (18 houses on 5 acres)
 2 story+30' height homes
 9% open space

The original stipulated Bella Rosa site plan called for:

 3.03 houses per acre
 2 story+30' height homes
 ~14% open space

As a homeowner in the area, I have considerable concerns over any modification that affects safety as this is
an area already dealing with traffic safety issues.
Additionally, the proposed site:

 is not in keeping with the current design and density precedents that have been established in the area;
 is not in keeping with the originally approved plan for density; and
 it is also not in keeping with the Rio Montana Plan in key elements based on the currently submitted
documents.

The last 2 approved R1-10 developments, Kimura and Andora, which are located at the intersection of 19th
Ave. and W. South Mountain Ave. (barely 600ft from Bella Rosa) have these requirements:
Kimura

 3 houses per acre
 All single story
 16.5% open space
 minimum lot width of 55'
 Varied lot widths
 Landscape setback from 19th Ave. is 154'
 Energy Star building

Andora

 2.5 houses per acre
 All single story
 17% open space

Page 605
 minimum lot widths of 75'
 Landscape setback from 19th Ave is 25'
 Energy Star building

Bella Rosa should be held to the same design standards that Kimura and Andora have agreed to, which are
much more compatible with our rural character. Much has changed in the area since the original plans for this
development were approved and this development should be brought up to date concerning what is in keeping
with currently approved applications in terms of density, open space, house height and also heat mitigation
efforts.

Please consider the following items to require from this development to preserve our "certainty of
character" and allow Bella Rosa to better align with the established design precedents for our
community and the Rio Montana Plan:

 Housing density no higher than the originally approved plan: 3.03
 Single story homes (the only facade designs offered were single story in the application but the
site details appear to indicate all 2 story + 30' homes)
 Landscaped setback from 19th Ave. no less than 25' (which is achievable with the originally
approved density)
 Increased setback from 20th Ave and esp. if 2-story houses are approved.
 Additional heat mitigation requirements: front yard trees to shade driveways and sidewalks plus
any additional requirements the city's heat mitigation department has designated. Minimum
50% 3" caliper trees as well.
 Energy Star and other energy efficient/sustainable building methods
 Electric vehicle charging

The set back from 20th Ave. is appreciated and should not be diminished but it does not ameliorate the fact
that 2-story +30' foot high houses would be towering over and looking into the western neighbor's properties,
all of whom have S-1 homes with single stories. In fact, all the neighbors surrounding this proposed
development on the west and south are on acre+ S-1 properties. The Rio Montana Plan calls for maintaining a
feeling of open space to maintain rural character. One way to do this has been to have deep setbacks from
major streets and requiring this feature for Bella Rosa is completely appropriate and in keeping with what all
other developers along 19th Ave. have agreed to.

As a reminder, the Rio Montana Plan calls for (excerpt from full criteria):

 Any development to be sensitive to the surrounding area, inc. existing development, and consider the
larger context in which it is located.
 Limiting the use of two story buildings
 Provide deep overhangs/covered porches
 Shade for pedestrian comfort
 Trees on east and west sides of buildings
 Varying roof lines, facade designs and materials, rear-loaded garages (no "garage- scaping"), staggered
setback lines, no privacy fencing
 The common objective for single family development is more variety than standard subdivisions being
built throughout the Valley

The community simply wants the city to keep the promise it made to residents by holding developers to the
guidelines outlined in the general and village development plans.

Thank you for your time,

Chevera Trillo

Page 606
602.315.9774
cheveratrillo@gmail.com

Page 607
From: chevera trillo
To: PDD Planning Commission
Subject: PHO-2-22--Z-47-17-8
Date: Thursday, October 6, 2022 7:06:18 AM

My name is Chevera Torrez, 2311 W Dobbins Rd, Phoenix, AZ 85041.

Once again I find myself concerned with the decisions that are being made by those that
represent our community.
I am supportive of responsible development that improves an area and provides for the quality
of living that all community members should be afforded. I support the decisions and
agreements that were made as part of the City and Community initiative with the Rio Montana
Plan -- which had a strong vision to develop this area in a responsible manner.
I support development that maintains the character of our rural community and is compatible
with the agreements of Rio Montana.

I do not support PHO-2-22--Z-47-17-8, which goes against the Rio Montana plan -- This
application does not meet the standards that the community in good faith negotiated with the
City. Please represent your community and vote against setting a bad precedent.

Thankyou for your time and consideration.

Chevera Torrez

Page 608
Bradley A Wylam

From: PDD Planning Commission
Sent: Wednesday, October 5, 2022 11:11 AM
To: Bradley A Wylam
Cc: Racelle Escolar
Subject: FW: PHO-2-22--Z-47-17-8

Follow Up Flag: Follow up
Flag Status: Flagged

Brad, Please add to correspondence

From: Julie Willcox
Sent: Tuesday, October 4, 2022 8:44 AM
To: PDD Planning Commission
Subject: PHO-2-22--Z-47-17-8

Good morning,

I am writing to oppose the Bella Rosa development on 19th Ave. PHO-2-22--Z-47-17-8
Increasing the density from 3 to 3.5 houses per acres does not fit in with the community or follow the Rio
Montana plan. The property is surrounded by S-1 properties and the density is not appropriate for the
area. Our community has worked hard to preserve our rural way of life & preserve the land close to South
Mountain. We see the zonings continually eroded by multiple re-zoning/re-submissions. Each time increasing
the density over what is appropriate for the area.
I do support responsible zoning that reflects the area & follows all of the Rio Montana plan.

I would like to register to speak & donate my time to Jewel Clark as a spokesperson for our entire community.

Thank you,
Julie Willcox
9050 S 23rd Ave, Phoenix, AZ 85041

Page 609
PLANNING & DEVELOPMENT DEPARTMENT

To: Alan Stephenson Date: October 26, 2022
Deputy City Manager
Planning and Development Director

From: Joshua Bednarek
Planning and Development Assistant Director

Subject: CONTINUANCE OF ITEM_54 ON THE NOVEMBER 2, 2022, PUBLIC HEARING/
FORMAL AGENDA-PHO-2-22--Z-47-17-8 (G-7054)-APPROXIMATELY 130
FEET NORTH OF THE NORTHWEST CORNER OF 19TH AVENUE AND
LATONA LANE

54 is a Public Hearing and Ordinance Adoption of a request to modify stipulations from
Item_,
an approved 2017 rezoning case. Modification of Stipulation case PHO-2-22--Z-47-17-8 is a
request to modify stipulations for a 5.12-acre parcel located approximately 130 feet north of
the northwest corner of 19th Avenue and Latona Lane for a proposed single family
residential.

This request is to continue the item to December 7, 2022, in order to allow applicant to
coordinate and address any questions and concerns with the council members.

Staff recommends continuing this item to the December 7, 2022 City Council Formal
meeting.

Approved:
Alan Stephenson
Deputy City Manager/Planning and Development Director

*Attachment - email from applicant dated October 26, 2022

*The Nov. 2, 2022 City Council Formal Meeting agenda listed this item in the memo as
Item 53, instead of Item 54 as shown.

Page 610
Page 611

Report

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Item text

***ADDITIONAL INFORMATION (SEE ATTACHED MEMO)*** Public Hearing and
Resolution Adoption - General Plan Amendment GPA-DSTV-3-22-2 - Mayo
Boulevard between 40th Street and the Loop 101 Freeway, and Tatum Boulevard
between Deer Valley Drive and Mayo Boulevard (Resolution 22087)

Request to hold a public hearing on a General Plan Amendment for the following item
to consider the Planning Commission's recommendation and the related resolution if
approved. Request to amend the Street Classification Map by removing the Mayo
Boulevard alignment between 40th Street and the Loop 101 Freeway and changing
the designation of Tatum Boulevard between Deer Valley Drive and Mayo Boulevard
from Major Arterial Cross Section A to Major Arterial Cross Section Z-A.

Summary
Application: GPA-DSTV-3-22-2
Current Designation: Arterial (Mayo Boulevard) and Major Arterial Cross Section A
(Tatum Boulevard)
Proposed Designation: Removed (Mayo Boulevard) and Major Arterial Cross Section Z
-A (Tatum Boulevard)

Applicant: City of Phoenix, Planning Commission
Representative: Arizona State Land Department

Staff Recommendation: Approval.
VPC Action: The Desert View Village Planning Committee heard this case on Nov. 29,
2022. The results will be provided at the Council meeting.
PC Action: The Planning Commission heard this case on Dec. 1, 2022. The results will
be provided at the Council meeting.

Location
Mayo Boulevard between 40th Street and the Loop 101 Freeway, and Tatum
Boulevard between Deer Valley Drive and Mayo Boulevard
Council District: 2
Parcel Addresses: N/A

Page 612

Responsible Department
This item is submitted by Deputy City Manager Alan Stephenson and the Planning and
Development Department.

Page 613
ATTACHMENT A

THIS IS A DRAFT COPY ONLY AND IS NOT AN OFFICIAL COPY OF THE FINAL,
ADOPTED RESOLUTION

RESOLUTION

A RESOLUTION ADOPTING AN AMENDMENT TO THE 2015
GENERAL PLAN FOR PHOENIX, APPLICATION GPA-DSTV-3-
22-2, CHANGING THE STREET CLASSIFICATION DESCRIBED
HEREIN.

____________

BE IT RESOLVED BY THE COUNCIL OF THE CITY OF PHOENIX, as

follows:

SECTION 1. The 2015 Phoenix General Plan, which was adopted by

Resolution 21307, is hereby amended by adopting GPA-DSTV-3-22-2 to remove the

Mayo Boulevard alignment between 40th Street and the Loop 101 Freeway and

changing the designation of Tatum Boulevard between Deer Valley Drive and Mayo

Boulevard from Major Arterial Cross Section A to Major Arterial Cross Section Z-A.

SECTON 2. The Planning and Development Director is instructed to

modify the 2015 Phoenix General Plan to reflect this street classification map change

as shown below:

Page 614
PASSED by the Council of the City of Phoenix this 7th day of December

2022.

MAYOR

ATTEST:

____________________________
Denise Archibald, City Clerk

-2- Resolution

Page 615
APPROVED AS TO FORM:
Julie Kriegh, City Attorney

By:___________________________
___________________________

REVIEWED BY:

______________________________
Jeffrey Barton, City Manager

-3- Resolution

Page 616
ATTACHMENT B

GENERAL PLAN AMENDMENT
STAFF ANALYSIS
November 21, 2022

Application: GPA-DSTV-3-22-2

Applicant: City of Phoenix, Planning Commission

Representative: Arizona State Land Department

Location: Mayo Boulevard between 40th Street and the Loop
101 Freeway; and Tatum Boulevard between Deer
Valley Drive and Mayo Boulevard

Request: Minor General Plan Amendment to amend the
Street Classification Map by removing the Mayo
Boulevard alignment between 40th Street and the
Loop 101 Freeway and changing the designation of
Tatum Boulevard between Deer Valley Drive and
Mayo Boulevard from Major Arterial Cross Section A
to Major Arterial Cross Section Z-A.

Village Planning Committee Date: Desert View – November 29, 2022

Staff Recommendation: Approval

FINDINGS

1) The proposed removal of a portion of Mayo Boulevard and designation of a
portion of Tatum Boulevard as a Major Arterial Cross Section Z-A is compatible
with the local street network and planned uses in the area.

2) The proposed modifications are consistent with the results of a traffic study
conducted for the area, which found that the modifications will not negatively
impact traffic on the street network.

BACKGROUND

The Street Classification Map was first adopted in 1961. The Map was last updated in
2018 with additions and deletions of new platted roadways. The Street Classification
Map provides information on the City’s street network, identifying the alignment and
minimum right-of-way standards for existing and planned streets.

This request is part of an ongoing effort between the City of Phoenix and the Arizona
State Land Department (ASLD) to align the planned transportation network with existing
and proposed land uses for the Loop 101 Employment Corridor.

Page 617
Staff Analysis
GPA-DSTV-3-22-2
Page 2

The Street Classification Map currently identifies a section of Mayo Boulevard, crossing
the Loop 101 Freeway, from 40th Street to Tatum Boulevard as an arterial street. The
Arizona State Land Department has hired a traffic engineering firm to explore the
feasibility of removing the section of Mayo Boulevard between 40th Street and the Loop
101 Freeway, which would remove the need for Mayo Boulevard to cross the Loop 101.
The resulting Traffic Impact Study, which considered all existing and possible future
development, found that the removal of the section of Mayo Boulevard in question is
feasible if other street improvements are made and the classification of Tatum
Boulevard between Deer Valley Drive and Mayo Boulevard is amended to Major Arterial
Cross Section Z-A.

The proposed removal of the flyover will be coupled with a series of mitigation
improvements that will be coordinated with ASLD in addition to other improvements
identified in the Traffic Study. The street improvements are targeted to be near term
improvements happening in the next couple years based upon ASLD actions. In
addition, there are several parcels that will be required to contribute $36 million dollars
for larger regional street improvements based upon a future traffic study or studies and
future Street Class Map Amendments to address these larger traffic requirements as
the Desert Ridge and Paradise Ridge areas develop. The full list of improvements will
be included in an Inter-Governmental Agreement (IGA) with the Arizona State Land
Department that is anticipated to be on the same City Council agenda as the General
Plan Amendment. The proposed improvements are outlined below:

Superblock 12: Intersection of Black Mountain Boulevard and Deer Valley Drive

• South bound to west bound right turn lane
• West bound to north bound right turn lane

And improvements to the intersection of 40th Street and Deer Valley Drive
• East bound to south bound right turn lane
• West bound to north bound right turn lane

Superblock 4L: Completion of the south half street construction of Deer Valley Drive
from 40th Street to Tatum Boulevard

Superblock 9.CP.2: Intersection of Tatum and Mayo boulevards

• Buildout of a City “A” section arterial classified roadway with the addition of a 4th
northbound lane on Tatum Boulevard from Mayo Boulevard to State Route 101
Loop on-ramp
• Full reconstruction of the intersection at Tatum and Mayo Boulevards intersection
to include the full buildout per the City of Phoenix Street Classification Map “A”
section arterial classified roadway for Mayo Boulevard for the minimum 500 foot
to both the east and west of the Tatum Boulevard intersection and the
construction of a minimum 1,000-foot pavement tapers to both the east and west
roadway following the ultimate 500 foot street construction.

Page 618
Staff Analysis
GPA-DSTV-3-22-2
Page 3

• Construction of two free-flow and acceleration right turn lanes northbound on
Tatum Boulevard to eastbound Mayo Boulevard and westbound Mayo Boulevard
to northbound Tatum Boulevard

Superblock 6

• Construction of two free-flow and acceleration right turn lanes northbound on
Tatum Boulevard to eastbound Mayo Boulevard and westbound Mayo Boulevard
to northbound Tatum Boulevard
• Auctions associated with Superblock 6 will also be assigned a regional funding
contribution in the amount of thirty-six million dollars.

Paradise Ridge Parcel MF3

• The east half street of 64th Street from Mayo Boulevard to the southern limits of
the property
• The south half street completion of Mayo Boulevard adjacent to the parcel
frontage
• Auctions associated with this parcel will also be assigned a regional funding
contribution in the amount of six million dollars.

The intergovernmental agreement between the City of Phoenix and the Arizona State
Land Department detailing the framework for all these improvements will be on the
same City Council Formal agenda as this General Plan Amendment. The City Council
will be asked to approve the General Plan Amendment and the subsequent item will be
the intergovernmental agreement to outline the street network improvements within the
area.

RELATIONSHIP TO GENERAL PLAN GOALS AND POLICIES

CELEBRATE OUR DIVERSE COMMUNITIES AND NEIGHBORHOODS CORE
VALUE; SAFE NEIGHBORHOODS- TRAFFIC; DESIGN PRINCIPLE: Provide access
by major streets, with internal circulation handled by a local street system that
discourages through-traffic and provides safe pedestrian travel. Use local and
collector streets, plus feeder bus lines, to bring people into the cores, centers or
corridors.

This amendment will provide an adequate system of major streets for the flow of traffic
in the area without generating additional traffic on local streets or additional through-
traffic in neighborhoods.

CELEBRATE OUR DIVERSE COMMUNITIES AND NEIGHBORHOODS CORE
VALUE; CONNECTED NEIGHBORHOODS; DESIGN PRINCIPLE: Design and
connect neighborhoods via streets, sidewalks and trails, and discourage the
abandonment of streets, sidewalks and alleys that compromise connectivity.

This amendment will remove a portion of Mayo Boulevard between 40th Street and the

Page 619
Staff Analysis
GPA-DSTV-3-22-2
Page 4

Loop 101 Freeway that cuts through an area that has entitlements for future residential
development. By removing an unnecessary arterial street, this amendment eliminates a
future physical barrier that would serve to reduce connectivity within future
neighborhoods.

COMMUNITY INPUT SUMMARY
As of the writing of this report, staff has received one letter of support from a member of
the public.

INTERDEPARTMENTAL COMMENTS

The Street Transportation Department requested that the Arizona State Land
Department complete a Traffic Impact Study and Infrastructure Assessment Study to
address transportation needs prior to City Council hearing this GPA request and that an
Intergovernmental Agreement (IGA) between the Arizona State Land Department and
the City of Phoenix, identifying the required construction mitigation and escrow
contribution, be completed and approved by City Council.

CONCLUSION AND RECOMMENDATION

Staff recommends approval of this request.

Approval of this Street Classification Map Amendment will further the goals of the
General Plan and is consistent with the transportation needs of the surrounding area.

Writer:
Anthony Grande
November 21, 2022

Exhibits:
Sketch Map
Correspondence (3 Pages)

Page 620
GENERAL PLAN AMENDMENT
CITY OF PHOENIX X PLANNING & DEVELOPMENT DEPARTMENT X 200 W WASHINGTON ST X PHOENIX, AZ X 85003X (602) 262-6882
APPLICATION NO: GPA-DSTV-3-22-2 ACRES: N/A REVISION DATE:
VILLAGE: Desert View COUNCIL DISTRICT: 2
APPLICANT: City of Phoenix Planning Commission
EXISTING:

Arterial
Major Arterial
CM
A
ST
A 44T
H
M DE
C ER
VA
A
L L EY A
DR
M A
C

TATUM BLVD
A

v
w101
A
MAYO BLVD
CM A A A
ARTERIAL
A
( ( MAJOR ARTERIAL
PROPOSED CHANGE

Arterial
Major Arterial CM T
A S
4 4T
H
A
M DE
C ER
A
VA
LL EY A
DR A
M

TATUM BLVD
C
Z-A

w
v101
Z-A
MAYO BLVD
CM A A A
ARTERIAL
A
( ( MAJOR ARTERIAL
Page 621
From: Ryan Etchebarren
To: PDD Long Range Planning
Subject: Re: GPA-DSTV-3-22-2
Date: Wednesday, November 16, 2022 7:35:50 PM
Attachments: GPA-DSTV-3-22-2 Sketch Map.pdf

Understood. Iam writing in, in favor of the proposal to not connect. Can you let me know
where things stand at this point?

Ryan Etchebarren
(602) 692-5286
Retchebarren@hsmove.com

On Nov 16,
2022,
at
4:47
PM,
PDD
Long

Page 622
Range Planning wrote:

Hi Ryan,

Thank you for reaching out. To be clear, the proposal is to not connect Mayo
Boulevard over the 101, please see the attached sketch map and project
website for more info. If you have any questions, please let me know.

Planning and Development GPA-DSTV-3-22-2 Street Classification Map Amendment
(phoenix.gov)

Thank you,

Sarah Stockham
Planner III
200 West Washington Street, 3rd Floor
Phoenix, Arizona 85003
Phone: 602-261-8701
sarah.stockham@phoenix.gov

From: HomeSmart
Sent: Wednesday, November 16, 2022 2:07 PM
To: PDD Long Range Planning
Subject: GPA-DSTV-3-22-2

Greetings,
My name is Ryan Etchebarren, and I reside in the Fireside Community in Desert Ridge.
My wife teaches at Fireside Elementary, and our two daughters also attend the school.
We have recently learned that there is a proposal in place to connect Mayo Blvd, and
I’d like to give some input on how it would affect many families in this area. To be
honest with you, due to the location of the elementary school, Mayo between 40th St
and Black Canyon is busy enough as it is. Many elementary school children walk home
down Mayo before and after school. I can’t tell you how many times a day we see cars
flying down the road at very high speeds without a care in the world because it’s a
straight street without any speed bumps. Some of this could be due to Pinnacle High
School and young drivers, but it goes without saying that it would only get worse with a
increased number of vehicles if this proposal went through. I understand that it could
cut down on driving time for some people that could avoid using Tatum to Deer Valley,
but it is not worth the added risk of the kids who are trying to get to and from school
safely.
Thank you for your time

Page 623
Ryan Etchebarren
(602) 692-5286
Retchebarren@hsmove.com

Page 624

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Item text

***REQUEST TO ADD-ON (SEE ATTACHED MEMO)*** Intergovernmental
Agreement with Arizona State Land Department to Require and Fund Street
Improvements in North Phoenix (Ordinance S-49239)

Request to authorize the City Manager, or his designee, to enter into an
Intergovernmental Agreement (IGA) with the Arizona State Land Department (ASLD)
to assign street improvements and funding to ASLD land auctions within the Mayo
Flyover Study Area (Study Area).

Summary
ASLD, as the owner of undeveloped property within the Study Area, has initiated a
General Plan Amendment to the Street Classification Map for consideration of the
removal of the future Mayo Boulevard Flyover (Mayo Flyover) connection over the
State Route 101 Loop Freeway. ASLD has commissioned a transportation study, Mayo
Flyover Traffic Impact Study (Traffic Study), dated September 2022 and prepared by
CivTech, identifying primary and regional roadway segment mitigation construction in-
lieu of the future Mayo Flyover. This IGA is being entered into to identify the roadway
segments to be assigned to each respective part for construction and/or funding
responsibility that implements the mitigation requirements identified in the Traffic Study
through assignments of Regional Funding.

Traffic improvements in the IGA include the following improvements. Intersection
improvements at:
· Black Mountain Boulevard and Deer Valley Drive;
· 40th Street and Deer Valley Drive;
· Tatum and Mayo boulevards; and
· 56th Street and Pinnacle Peak Road.

Street improvements at:
· Deer Valley Drive from 40th Street to Tatum Boulevard;
· Tatum Boulevard from Mayo Boulevard to the Loop 101 on ramp;
· Mayo Boulevard from Tatum Boulevard to 56th Street and a section just east of 64th
Street;
· 56th Street from Mayo Boulevard to the Loop 101 on ramp;

Page 625

· 64th Street from Mayo Boulevard to Reach 11; and
· Cave Creek Road from the Central Arizona Project Bridge to Pinnacle Peak Road.

The City of Phoenix, through the zoning and development process, will provide
construction improvements to Black Mountain Boulevard from Pinnacle Peak Road to
Rough Rider Road and Tatum Boulevard from Pinnacle Peak Road to Deer Valley
Road.

This IGA, coupled with General Plan Amendment (GPA-DSTV-3-22-2) also to be
considered at the Dec. 7, 2022, Formal meeting, provides a greater level of certainty
regarding funding and timing of street infrastructure for the Desert Ridge Area, within
north Phoenix.

Contract Term
This Agreement shall continue until all State Trust land within the Study Area is sold at
public auction. If parcels assigned Regional Funding have not been sold or the total
Regional Funding has not been achieved within 30 years, both Parties agree to
renegotiate this Agreement including a time extension prior to the expiration of this
Agreement.

Location
The Mayo Flyover Study Area is generally one quarter mile west of Black Mountain
Boulevard on the west, one quarter mile east of 64th Street on the east, Pinnacle Peak
Road on the north, and approximately one quarter mile south of the Central Arizona
Project (CAP) canal.
Council District: 2

Responsible Department
This item is submitted by Deputy City Managers Mario Paniagua and Alan
Stephenson, and the Planning and Development and Street Transportation
departments.

Page 626
Page 627
PLANNING AND DEVELOPMENT DEPARTMENT

To: Alan Stephenson Date: December 6, 2022
Deputy City Manager

From: Joshua Bednarek
Assistant Director�

Subject: ITEM 85 ON THE DECEMBER 7, 2022, FORMAL AGENDA -
INTE RGOVE RNME NTAL AGREEMENT WITH ARIZONA STATE LAND
DEPARTMENT TO REQUIRE AND FUND STREET IMPROVEMENTS IN
NORTH PHOE NIX (ORDINANCE S-49239)

Item 85, is a request to authorize the City to enter into an Intergovernmental Agreement
(IGA) with the Arizona State Land Department (ASLD) to assign street improvements and
funding to ASLD land auctions within the Mayo Flyover Study Area (Study Area).

ASLD, as the owner of undeveloped property within the Study Area, has initiated a
General Plan Amendment to the Street Classification Map for consideration of the
removal of the future Mayo Boulevard flyover connection over the State Route 101 Loop
Freeway. ASLD has commissioned a transportation study, Mayo Flyover Traffic Impact
Study, dated September 2022, identifying primary and regional roadway segment
mitigation construction in-lieu of the future Mayo Boulevard flyover. This IGA is being
entered into to identify the roadway segments to be assigned to each respective part for
construction and/or funding responsibility that implements the mitigation requirements
from the Traffic Study.

ASLD has also agreed to provide forty-six million dollars in regional funding for future
street improvements to mitigate the removal of the Mayo Flyover from the Street
Classification Map. Traffic improvements include:

Intersection improvements at:
• Black Mountain Boulevard and Deer Valley Drive
• 40th Street and Deer Valley Drive
• Tatum Boulevard and Mayo Boulevard
• 56th Street and Pinnacle Peak Road
Street improvements on:
• Deer Valley Drive from 40th Street to Tatum Boulevard
• Tatum Boulevard from Mayo Boulevard to State Route 101 Loop on ramp
• Mayo Boulevard from Tatum Boulevard to 56th Street and a section just east of
64th Street
• 56th Street from Mayo Boulevard to State Route 101 Loop on ramp
• 64th Street from Mayo Boulevard to Reach 11
• Cave Creek Road from Central Arizona Project (CAP) to Pinnacle Peak Road

Page 628
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80 item(s)

Meeting City Council Formal Meeting-12/7/2022 complete

1. ¶ Summary

Item text

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2. ¶ Liquor License - Mercadito Chapin

Item text

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3. ¶ Liquor License - Sicilian Butcher

Item text

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4. ¶ Liquor License - Yasha from Russia

Item text

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5. ¶ Liquor License - Special Event - Arizona Matsuri

Item text

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6. ¶ Liquor License - Marz Market

Item text

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7. ¶ Liquor License - Special Event - Arizona Super Bowl Host Committee

Item text

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8. ¶ Liquor License - 125 Lounge

Item text

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9. ¶ Liquor License - Miel de Agave

Item text

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10. ¶ Liquor License - Sauvage Wine Bar + Shop

Item text

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11. ¶ Liquor License - Selection Sauvage

Item text

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12. ¶ Liquor License - Special Event - Community Food Connections, Inc.

Item text

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19. ¶ Canvass of Vote - November 2022 City Council Election

Item text

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20. ¶ ***ADDITIONAL INFORMATION (SEE ATTACHED MEMOS)*** Union Comments on

Item text

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21. ¶ Proposed 35th Avenue and Carter Road Annexation - Public Hearing

Item text

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22. ¶ Acceptance and Dedication of Easements and Deeds for Sidewalk, Public Utility

Item text

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23. ¶ Acceptance of an Access Easement Between 50th Street and Interstate 10 from

Item text

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24. ¶ Authorization to Sell City-owned Real Property Near 75th Avenue and Baseline

Item text

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25. ¶ Acquisition of Real Property for Roadway Improvements along the Grand Canal

Item text

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26. ¶ Acquisition of Real Property for a Pedestrian and Bicycle Path along the Grand

Item text

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27. ¶ Acquisition of Real Property for Sidewalk Improvements along 7th Avenue from

Item text

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28. ¶ Service and Repair of Appliances - IFB 18-213 - Amendment (Ordinance S-49216)

Item text

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29. ¶ Citywide Fence Supply and Service - Requirements Contract - IFB 18-207 -

Item text

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30. ¶ Real-Time Captioning (CART) and Sign Language Interpreter Services - ADSPO

Item text

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31. ¶ Printing of Optical Scan Ballots and Ballot Packet Assembly Contract - EXC 20-

Item text

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32. ¶ Background Screening and In-Processing/Onboarding Services Contract

Item text

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33. ¶ Transfer of Retirement Funds to Arizona State Retirement System (Ordinance S-