PLEASE RESPOND ELECTRONICALLY TO JULIANNA PIERRE 2ND FLOOR, 602-262-4544

To: Departments Concerned Date: December 18, 2019

From: Alan Stephenson Planning & Development Department Director

Subject: P.H.O. APPLICATION NO. Z-38-05-1 – Notice of Pending Actions by the Planning Hearing Officer

1. Your attention is called to the fact that the Planning Hearing Officer will consider the

following case at its meeting on January 15, 2020. 2. Information about this case is available for review at the Planning and Development

Department on the 2nd Floor of Phoenix City Hall, telephone 602-262-7131, Option 6. 3. Please indicate your course of action, sign and return copy of this notice to the City of

Phoenix Planning and Development Department, Zoning Division, 200 West Washington Street 2nd Floor, Phoenix, AZ 85003 by December 26, 2019.

Will arrange to review case file no later than Will resolve problems with the owner and contact you no later than We do not anticipate any problems in connection with the cases listed on this subject

notice. Signature Date DISTRIBUTION (Electronically): Mayor’s Office (Lisa Fernandez) - 11th Floor Council District Office (Penny Parrella) – 11th Floor Aviation (Randy Payne, Sheldon Daisley, Aviation Planning) – 2485 E. Buckeye Rd. Community & Economic Development (Eric Johnson) – 20th Floor Fire Prevention (Brent Allsopp) – 2nd Floor Finance Admin (Barry Page) – 251 W. Washington – 8th Floor Neighborhood Services (Gregory Gonzales) – 4th Floor Parks & Recreation (Natasha Hughes) – 16th Floor Public Transit (Kathryn Boris) – 302 N. 1st Ave., Ste 800 Public Transit/Light Rail Project (Samantha Keating/Special TOD Only) Public Works (Kristina Jensen, Roxanne Tapia, Ray Dovalina, Rudy Rangel) – 5th Floor Water Services (Don Reynolds) – 8th Floor Planning and Development (Alan Stephenson, Joshua Bednarek) – 3rd Floor Planning and Development/Information Services (Ben Ernyei) – 4th Floor Planning and Development (Kevin Weight) – Historic Preservation Office – 3rd Floor Planning Hearing Officer (Tricia Gomes, Adam Stranieri) – 2nd Floor Village Planner (David Simmons, Deer Valley) Village Chair (Joseph Grossman, Deer Valley)

200 W Washington Street, 2nd Floor * Phoenix, Arizona 85003 * Tel: (602) 262-7131 * Fax: (602) 495-3793

APPLICATION FOR PLANNING HEARING OFFICER ACTION

APPLICATION NO: PHO-3-19--Z-38-05

Council District: 1 Request For: Stipulation Modification Reason for Request: Modification to Stipulation 13 regarding side entrance garages. Owner Applicant RepresentativeQuintana Properties Arizona, Inc. Duane Frandsen Duane Frandsen5481 St. Croix Trail, Suite 200 2120 North Nicklaus Drive 2120 North Nicklaus DriveNorth Branch MN 55026 Mesa AZ 85215 Mesa AZ 85215(480) 707-3204 (480) 707-3204 P: (480) 707-3204 F: duanefrandsen@gmail.com duanefrandsen@gmail.com duanefrandsen@gmail.com Property Location: Northwest corner of 63rd Avenue and Pinnacle Peak Road

Zoning Map: O-4 Quarter Section: 45-13 APN: 201-12-925 Acreage: 12.65 Village: Deer Valley

Last Hearing: CC RATIFICATIONPrevious Opposition: Yes

Date of Original City Council Action: 06/15/2005 0500Previous PHO Actions: 11/06/2013 12/17/2014 300 PM

Zoning Vested: R1-18 Supplemental Map No.: 1117

Planning Staff: 074549 An applicant may receive a clarification from the city of its interpretation or application of a statute, ordinance, code or authorizedsubstantive policy statement. To request clarification or to obtain further information on the application process and applicablereview time frames, please call 602-262-7131 (option 6), email zoning.mailbox@phoenix.gov or visit our website athttp://phoenix.gov/pdd/licensetimes.html. A Filing Fee had been paid to the City Treasurer to cover the cost of processing this application. The fee will be retained to coverthe cost whether or not the request is granted Fee Fee Waived Fee Date Receipt Purpose$1,080.00 $0.00 10/28/2019 19-0095178 Original Filing Fee Signature of Applicant: _____________________________________________________ DATE: ___________________

Hearing Results Planning Hearing Officer Planning Commission City Council

Date: 01/15/2020 1000 AM Date: Date:Appealed?: Appealed?:

Action: Action: Action:

November 25, 2019 City of Phoenix Planning & Development Department Planning Hearing Officer – Adam Stranieri 200 W. Washington Street Phoenix, Arizona 85003 Mr. Adam Stranieri. I am hereby requesting and applying for a hearing before the Planning Hearing Officer (PHO) to modify the current stipulations of approval in Rezoning Cases No. Z-38-05-1. Subject Property: Northwest corner of 63rd Avenue and Pinnacle Peak Road (Lot 2-The Enclave at Creekside Amended) The original rezoning case was approved and ratified in 2005. There were numerous community members in opposition, however it was approved and ratified by the City Council on June 15, 2005. A PHO decision was approved and ratified by the City Council in November 2013 which modified general conformance to a site plan changing from a maximum of 18 lots to 9 lots and a modification regarding points of ingress. This case had no opposition. A second PHO decision was approved and ratified by the City Council in December 2014 which again modified general conformance to a site plan changing from a maximum of 9 lots to 10 lots and the same points of ingress. This also had no opposition. This request is asking for only 1 of 17 stipulations to be modified as follows: Stipulation #13 Existing That all lots shall have side entry garages Language Request That all lots shall have side entry ATTACHED garages SHALL HAVE SIDE Modification ENTRANCES OR BE SETBACK A MINIMUM OF 20 FEET FROM THE FRONT OF THE HOUSE. Rationale: While side entrance garages are preferred, some of the lots in the development, because of their shape and size, may not allow for a 3,500 square foot home with a side entrance garage. Appreciate your consideration on these stipulation changes. Thank you.

Respectfully. Applicant and Representative Duane Frandsen 2120 N. Nicklaus Drive Mesa, AZ 85215 (480) 707-3204 duanefrandsen@gmail.com Property Owners Quintana Properties Arizona, Inc. 5481 St. Croix Trail North Branch, MN 55056

PH0-2-14--Z-38-05-1 Approval Letter December 22, 2014 Page 2

accessibility standards. The applicant shall work with the Planning and Development Department to develop rural street standards for the development.

Notification: 5. That prior to final site plan approval , the property owner shall record documents

that disclose to the purchasers of property within the development(s) the existence and operational characteristics of horse properties in the area. The form and content of such documents shall be reviewed and approved by the City Attorney.

6. That development shall be limited to one story.

7. That all single-family homes within this development shall have tile roofs.

8. That all the single-family homes within this development shall have a minimum home area of 3,500 square feet.

9. The subdivision lighting shall be minimized, preferring none, to the extent feasible, as approved by the Planning and Development Department.

10. The Planning and Development Department shall attempt to minimize disturbance to the existing wash corridor, as is reasonably possible.

11. That the applicant shall file and pursue an abandonment of the 63rd Avenue alignment north of Pinnacle Peak Road (if already dedicated) along the east side of the Property.

12. All homes within the development shall use colors that are muted and blend with the surrounding desert environment, as approved by the Planning and Development Department.

13. That all lots shall have side entry garages.

14. There shall be no curbs along Pinnacle Peak Road except for the entry way.

15. There shall be one lot accessing Soft Wind Drive and the remaining lots accessing Pinnacle Peak Roads.

16. There shall be ground mounted air conditioning units.

17. There shall be no building above the 15% slope line.

N 65

TH LN

W SOFT WIND DR

PRIVATE

W PINNACLE PEAK RD

W CREEDANCE BLVD

N65

THAV

N 64

TH D

R

N64

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E

Maricopa County Assessor's Office

Planning & Development Department

PHO-3-19--Z-38-05-1 Property Location: Northwest corner of 63rd Avenue and Pinnacle Peak Road

0 240 480120 Feet ´

N 65

TH LN

W SOFT WIND DR

PRIVATE

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W CREEDANCE BLVD

N65

THAV

N 64

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R1-18PRD*

R1-18PRD*

RE-43 RE-43

S-1S-1 R1-18 PRD*

RE-35*

Planning & Development Department

PHO-3-19--Z-38-05-1 Property Location: Northwest corner of 63rd Avenue and Pinnacle Peak Road

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PHO-3-19--Z-38-05-1 Stipulated Site Plan Hearing Date: January 15, 2020

PHO-3-19--Z-38-05-1 Stipulated Elevations Hearing Date: January 15, 2020

- 91 -

December 17, 2014

No action by City Council was requested at this time. State Statutes required a minimum 30-day wait before City Council might adopt the final IFP 2015 and WRA Fee Update.

It was anticipated that adoption of the final IFP and WRA Fee Update wouldbe requested at the January 21, 2015, City Council meeting.

Mayor Stanton declared the public hearing open. Noting there was no one present wishing to speak, Mayor Stanton declared the public hearing closed.

Mr. DiCiccio returned to the voting body.

ITEM 42 DISTRICTS 1, 6, AND 8 MODIFICATION OF STIPULATION REQUEST FOR RATIFICATION OF PLANNING HEARING OFFICER ACTION

The Council heard request to approve the Planning Hearing Officer’s recommendation without further hearing by the City Council on matters heard by the Planning Hearing Officer on Wednesday, November 19, 2014.

DISTRICT 1 7TH AVENUE AND HAPPY VALLEY ROAD APPLICANT: SCIENTIFIC BOTANICAL LEASING OWNER: WAYNE HOWARD - HAPPY VALLEY II, LLC REPRESENTATIVE: TYLER GREEN

A. Application: Z-14-05-1 Existing Zoning: A-1 Acreage: .7

Location: Southeast corner of 7th Avenue and Happy ValleyRoad

City Council Minutes

- 94 -

December 17, 2014

10. That a 21-foot by 21-foot right-of-way triangle shall be dedicated at thesoutheast comer of 7th Avenue and Happy Valley Road.

11. That the developer shall construct all streets within and adjacent to thedevelopment with paving, curb, gutter, sidewalk, curb ramps, streetlights,median islands, landscaping, and other incidentals as per plans approvedby the City. All improvements shall comply with all Americans withDisabilities Act accessibility standards.

12. That the applicant shall submit paving plans for all arterial streets withinand adjacent to the development to the Street Transportation Departmentfor review and approval.

13. That the applicant shall complete and submit the Developer ProjectInformation Form for the Maricopa Association of GovernmentsTransportation Improvement Program to the Street TransportationDepartment. This form is a requirement of the Environmental ProtectionAgency to meet clean air quality requirements.

14. THAT PRIOR TO PRELIMINARY SITE PLAN APPROVAL, THELANDOWNER SHALL EXECUTE A PROPOSITION 207 WAIVER OFCLAIMS IN A FORM APPROVED BY THE CITY ATTORNEY’S OFFICE.A WAIVER SHALL BE RECORDED WITH THE MARICOPA COUNTYRECORDER’S OFFICE AND DELIVERED TO THE CITY TO BEINCLUDED IN THE REZONING APPLICATION FILE FOR RECORD.

DISTRICT 1 63RD AVENUE AND PINNACLE PEAK ROAD APPLICANT: O’NEILLENGINEERING, LLC - DANIEL GONZALEZ OWNER: QUINTANAPROPERTIES AZ - DUANE FRANDSEN REPRESENTATIVE: O’NEILL ENGINEERING, LLC - DANIEL GONZALEZ

B. Application: Z-38-05-1 Existing Zoning: R1-18 Acreage: 13.54

City Council Minutes

- 95 -

December 17, 2014

Location: Northwest corner of 63rd Avenue and Pinnacle PeakRoad

Proposal: 1. Modification of Stipulation 1 regarding generalconformance with the site plan date stampedAugust 29, 2013, with specific regard to thenumber of lots.

2. Modification of Stipulation 15 regarding lotsaccessing Soft Wind Drive and Pinnacle PeakRoad.

The Planning Hearing Officer recommended approval.

The Central City Village Planning Committee did not review this request.

Stipulations

Conformance

1. The development shall be in general conformance with the site plan datestamped August 29, 2013, OCTOBER 3, 2014, with specific regard to nomore than 9 10 lots, as approved and/or modified by the Planning andDevelopment Department.

2. The development shall be in conformance with the elevation date stampedFebruary 23, 2005, with specific regard to the number of materials on thefacade, window features in the garage doors, and variety in roofline, asapproved and/or modified by the Planning and Development Department.

Rights-of-Way

3. The applicant shall file for and process an abandonment of excess right-of-way on Creedance Boulevard, as may be modified by the Planning andDevelopment Department.

4. The developer shall construct all streets within and adjacent to thedevelopment with paving, curb, gutter, sidewalk, curb ramps, streetlights,median islands, landscaping, and other incidentals as per plans approvedby the Planning and Development Department. All improvements shallcomply with all Americans with Disabilities Act accessibility standards.The applicant shall work with the Planning and Development Departmentto develop rural street standards for the development. The applicant shallalso work with the Parks Department to ensure trail access to the park forthe greater community.

City Council Minutes

- 96 -

December 17, 2014

Notification

5. That prior to final site plan approval, the property owner shall recorddocuments that disclose to the purchasers of property within thedevelopment(s) the existence and operational characteristics of horseproperties in the area. The form and content of such documents shall bereviewed and approved by the City Attorney.

6. That development shall be limited to one story.

7. That all single-family homes within this development shall have tile roofs.

8. That all the single-family homes within this development shall have aminimum home area of 3,500 square feet.

9. The subdivision lighting shall be minimized, preferring none, to the extentfeasible, as approved by the Planning and Development Department.

10. The Planning and Development Department shall attempt to minimizedisturbance to the existing wash corridor, as is reasonably possible.

11. That the applicant shall file and pursue an abandonment of the63rd Avenue alignment north of Pinnacle Peak Road (if already dedicated)along the east side of the Property.

12. All homes within the development shall use colors that are muted andblend with the surrounding desert environment, as approved by thePlanning and Development Department.

13. That all lots shall have side entry garages.

14. That tThere shall be no curbs along Pinnacle Peak Road except for theentry way.

15. There shall be one lot accessing Soft Wind Drive and the remaining lotsaccessing Pinnacle Peak Road.

16. That tThere shall be ground mounted air conditioning units.

17. That tThere shall be no building above the 15% slope line.

City Council Minutes

- 102 -

December 17, 2014

9. 7. THAT PERIMETER FENCING SHALL BE ADMINISTRATIVELYREVIEWED BY THE PLANNING HEARING OFFICER TO ENSURECOMPATIBILITY WITH THE ADJACENT PROPERTIES.

MOTION was made by Mr. Waring, SECONDED by Mrs. Williams, that Item 42 be approved. MOTION CARRIED UNANIMOUSLY.

ORDINANCES AND RESOLUTIONS

MOTION was made by Mr. Waring, SECONDED by Mrs. Williams, that Items 43 through 118 be adopted, except Items 52, 53L/N, 55, 57, 60, 64, 72, 80, 86-88, 101, and 108, and noting Item 53M was withdrawn and Item 59 was continued to the January 7, 2015, formal meeting.

Roll Call: Ayes: DiCiccio, Gallego, Gates, Nowakowski, Pastor, Valenzuela, Williams, Vice Mayor Waring, and Mayor Stanton

Nays: NoneAbsent: None

MOTION CARRIED, noting Item 53 was adopted in part.

Ms. Pastor temporarily left the voting body.

ITEM 43 DISTRICT 1 ORDINANCE G-5962 - AMEND CITY CODE - REZONINGAPPLICATION Z-29-14-1

The Council heard request to authorize the City Manager to amend the Phoenix Zoning Ordinance, Section 601, the Zoning Map of the City of Phoenix, by adopting Rezoning Application Z-29-14-1 for the PUD (Planned Unit Development) zoning district located approximately 550 feet south of the southwest corner of Thunderbird Road and the Interstate 17 Frontage Road to allow a mix of commercial and light industrial uses.

City Council Minutes

' ...

" • Planning Hearing Officer Su.ry of November 19, 2014 Application Z-38-05-1 Page 1

ITEM NO: 2

SUBJECT:

Application #: Zoning: Location: Acreage: Request:

Applicant: Owner: Representative:

ACTIONS:

REPORT OF PLANNING HEARING OFFICER ACTION Teresa Hiflner, Planner Ill, Hearing Officer

Adam Stranieri, Planner I, Assisting

November 19, 2014

DISTRICT NO.: 1

Z-38-05-1 R1-18 Q.S. 45-13 Northwest corner of 63rd Avenue and Pinnacle Peak Road 13.54 1) Modification of Stipulation 1 regarding general conformance with the

site plan date stamped August 29, 2013 with specific regard to the number of lots.

2) Modification of Stipulation 15 regarding lots accessing Soft Wind Drive and Pinnacle Peak Road.

O'Neill Engineering LLC/Daniel Gonzalez Quintana Properties AZ/Duane Frandsen O'Neill Engineering LLC/Daniel Gonzalez

Planning Hearing Officer Recommendation: The Planning Hearing Officer recommended approval of the request.

Village Planning Committee (VPC) Recommendation: The Deer Valley Village Planning Committee did not hear this request.

DISCUSSION: Mr. Daniel Gonzalez stated that the project site consists of approximately 13 acres previously platted to include nine lots and that the current proposal is for ten lots. He noted that there is a wash running through the property with Lot 1 on one side of the wash and Lots 2-10 on the other. He commented that developers are being asked to provide a water crossing across the wash and that the added costs associated with this request requires an additional lot be developed to recoup expenses. He stated that this request also necessitated modifying a stipulation to increase the number of lots accessing Pinnacle Peak Road from eight to nine.

Ms. Teresa Hillner asked whether the applicants intended to retain stipulations regarding building height and other development concerns.

Mr. Gonzalez replied that they would retain and comply with all other stipulations.

Ms. Hillner noted that the site was unusual and that the original rezoning case generated a lot of discussion.witp neighbors to the.south in Glendale rega~cling-:ac.¢e'ss.and other concerns .. Sbe --~~Jrt~:ngBc-::;~.i

commented that· she.· did not believe the addition! of 'onetlot;wOLttd:create ra:significant change1·to :-·1e.1;~·:.it1•.i'.'.r:.;J~:;., . .-: