Vote — approved

Bill Gates	yes
Clint Hickman	yes
Jack Sellers	yes
Thomas Galvin	yes
Steve Gallardo	yes

Ayes: Bill Gates, Clint Hickman, Jack Sellers, Thomas Galvin, Steve Gallardo

Item Text

7. CALIBER FOUR POINTS Case #: Z2022035 Supervisor District: 1 Applicant / Owners: Taylor Earl, Earl & Curley, P.C. / Elliot & 51st Street LLC/Uptown Square LLC/Southpointe Holdco LLC Request: Zone Change with Overlay from C-2 to C-2 CUPD to allow for a new multi-family residential development along with the adaptive reuse of an existing 6-story hotel into multifamily dwellings Site Location: Generally located at the SWC of Elliot Rd & Interstate-10 in the Ahwatukee/Phoenix area Commission Recommendation: On 12/8/22, the Commission voted 9-0, to recommend approval of Z2022035 subject to conditions ‘a’ – ‘ i ’: a. A Plan of Development is approved subject to site plan entitled “Conceptual Site Plan for Caliber – Four Points“ , consisting of 2 full-size sheets, dated January 2022, and stamped received October 27, 2022, except as modified by the following conditions. The Plan of Development may be amended administratively under separate application as long as the amendment complies with the established CUPD development standards as approved by the Board of Supervisors. Staff may determine slight refinements to remain in substantial conformance with the approved site plan. Minor and major amendments to the site plan will be determined in accordance with Chapter 3 of the Maricopa County Zoning Ordinance. b. Development of the site shall be in substantial conformance with the Narrative Report entitled “Caliber – Four Points”, consisting of 16 pages, dated August 31, 2022, and stamped received October 27, 2022, except as modified by the following conditions. c. The following Planning Engineering conditions shall apply: 1. Engineering review of planning and/or zoning cases is for conceptual design only. All development and engineering design shall be in conformance with Section 1205 of the Maricopa County Zoning Ordinance; Drainage Policies and Standards; Floodplain Regulations for Maricopa County; MCDOT Roadway Design Manual; and current engineering policies, standards and best practices at the time of application for construction. 2. Based on the conceptual design nature of the information submitted, changes to the site layout may be necessitated by the final engineering design of the site’s drainage infrastructure. 3. Detailed Grading and Drainage (Site Infrastructure) Plans must be submitted with the application for Building Permits. 4. At the time of the Building Permit, the applicant must demonstrate how off-site flows will be conveyed along the east side of the site at the parking area north of the existing billboard. Historic flows must be maintained. 5. 51st Street is within the jurisdiction of the City of Phoenix. The applicant will be responsible for coordinating with the City to review any traffic impact, right-of-way dedication, permitting or roadway improvement requirements. 6. Given the site’s proximity to I-10, the applicant should inquire of any concerns with ADOT via their red-letter process (email redletter@azcot.gov). 7. The subject site is located within the County’s Urbanized Area. A Storm Water Pollution Prevention Permit (SWPPP) from the County will be required prior to issuance of any construction permits. This does NOT preclude the requirement to obtain a Notice of Intent to Discharge (NOID) from the State (ADEQ), as may be required. PND Transportation Plan Review R/W Information: 51st Street (City of Phoenix Jurisdiction) a. Current Classification: Per City of Phoenix b. Future Classification: Per City of Phoenix c. Existing R/W: 30 Feet d. Ultimate R/W: Per City of Phoenix d. Prior to initial construction permit, the applicant shall provide the Maricopa County Planning and Development Department with an executed pre-annexation service agreement with the City of Phoenix that details either a timeline for annexation, or an agreement to provide water and sewer service. In lieu of pre-annexation service agreement the developer must provide a ‘will serve’ letter from the certificated water and sewer provider(s). e. The following C-2 CUPD standards shall apply: 1. Maximum Height: 61’ existing hotel tower only 2. Minimum Side Yard: 0’ between Parcel 1 and Parcel 3 3. Minimum Rear Yard: 0’ between Parcel 1 and Parcel 3 4. Parking: 1.68 per dwelling unit; 20% reserved guest parking and 5% reserved ADA totaling 376 parking spaces. 5. A minimum 10-foot-wide landscape setback shall be provided along the south property line. 6. A pedestrian access connection to nearest public sidewalk shall be provided along 51st Street. 7. The sidewalk along 51st Street shall be shaded. 8. Bicycle parking for residents shall be provided, up to 20. 9. The landscape setbacks shall be planted at a minimum with 50 percent 2-inch caliper large canopy shade trees and 50 percent 3-inch caliper large canopy shade trees, planted 20 feet on center or equivalent groupings, with five 5-gallon shrubs per tree and appropriate ground cover f. Prior to issuance of the initial building permit, written confirmation will be required from the emergency fire protection jurisdiction having authority that the facility has been designed in accordance with their regulations and requirements, and that emergency fire protection service will be provided to the facility. Prior to issuance of the certificate of occupancy, local fire protection jurisdiction review and approval will be required. g. Noncompliance with any Maricopa County Regulation shall be grounds for initiating a revocation of this Zone Change as set forth in the Maricopa County Zoning Ordinance. h. The property owner/s and their successors waive claim for diminution in value if the County takes action to rescind approval due to noncompliance with conditions. i . The granting of this change in use of the property has been at the request of the applicant, with the consent of the landowner. The granting of this approval allows the property to enjoy uses in excess of those permitted by the zoning existing on the date of application, subject to conditions. In the event of the failure to comply with any condition, the property shall revert to the zoning that existed on the date of application. It is, therefore, stipulated and agreed that either revocation due to the failure to comply with any conditions, does not reduce any rights that existed on the date of application to use, divide, sell or possess the property and that there would be no diminution in value of the property from the value it held on the date of application due to such revocation of the Zone Change. The Zone Change enhances the value of the property above its value as of the date the Zone Change is granted and reverting to the prior zoning results in the same value of the property as if the Zone Change had never been granted. (C-44-23-177-X-00)

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