Attachment C - Staff Report Addendum A - GPA-DSTV-3-23-2.pdf
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ADDENDUM A
Staff Report: GPA-DSTV-3-23-2
September 20, 2024
Application:
GPA-DSTV-3-23-2
Owner:
Arizona State Land Department
Applicant:
Ryan Ash, Vestar
Representative:
Stephen Anderson, Gammage & Burnham
Proposal:
Amendment to the Desert Ridge Specific Plan
Section 6.C.5.Superblock 12 to facilitate commercial
development
Desert View Village Planning
October 3, 2023
Committee Meeting Date:
October 1, 2024
Staff Recommendation:
Approval, as shown in the recommended text in
Exhibit A
On October 3, 2023, the Desert View Village Planning Committee heard this request
and recommended denial by a vote of 7-2-1. On November 2, 2023, the Planning
Commission heard this request and recommended a continuance to the January 4,
2024 meeting by a vote of 9-0. On January 4, 2024, the Planning Commission heard
this request and recommended a continuance to a date uncertain and remanded the
case back to the Desert View Village Planning Committee for reconsideration by a vote
of 7-0. The applicant has since submitted revised amendment language to the Desert
Ridge Specific Plan to address community and committee concerns by limiting the size
of any single retailer to 65,000 square feet and prohibiting gas stations. Staff
recommends the revised Desert Ridge Specific Plan amendment language, as shown in
Exhibit A.
In addition, since the staff report was published on September 26, 2023, staff has
received 127 letters in opposition and 283 letters in support, which are attached as an
exhibit.
Exhibits
A: Proposed Amendment Language (2 pages)
Community Correspondence (545 pages)
ATTACHMENT C
EXHIBIT A
GPA-DSTV-3-23-2
Amendment to the Desert Ridge Specific Plan Section 6.C.5.Superblock 12 to
facilitate commercial development at the southwest corner of
Black Mountain Boulevard and Deer Valley Drive
Staff proposed language that may be modified during the public hearing process is
as follows:
Amend Chapter 6 (Development Parcel Regulations), Section C.5. (Development
Regulations by Superblock), Pages 6-45 to 6-46 as follows:
SUPERBLOCK 12
Superblock 12 is located west of a possible future connection to the Squaw PIESTEWA
Peak Parkway, which separates this superblock from the balance of the Desert Ridge
community. BECAUSE OF THIS SEPARATION, THIS SUPERBLOCK CAN SUPPORT
LIMITED COMMERCIAL USES WITHOUT INTERFERING WITH THE DEVELOPMENT
OF THE DESERT RIDGE CORE (DEVELOPMENT PARCEL 5.A). RESIDENTIAL
development parcels may vary in size by 30 percent (25 percent for R1-6 and more
dense zoning categories without a minor plan amendment).
Size: 136 133.41 acres
Maximum Number of Dwelling Units: 347
Average Density: 2.55 du/ac
12.L – Development Parcel 12.L
Size: 77 55.24 acres
Uses Permitted:
Single-family residential
Density Range: 2-5 du/ac for the entire parcel
Maximum Number of Units: 347 257; 451 334 if parcel increases in size 30
percent
Potential Zoning to be Applied: R1-18, R1-10, R1-8, R1-6, R-2
Minimum Lot Size: Zoning controls
Special Requirements (Modifying City Regulations):
No attached single-family units; no multifamily units.
Section C.4.B, Chapter 6, Desert Ridge Specific Plan applies.
No more than 25% of the development parcel may be zoned R-2.
Recommendations:
Clustering permitted subject to minimum lot size.
12.C – DEVELOPMENT PARCEL 12.C
SIZE: 20.52 ACRES
USES PERMITTED:
ALL USES ALLOWED UNDER CITY OF PHOENIX ZONING
DESIGNATION C-2, INTERMEDIATE COMMERCIAL, EXCEPT AS
PROHIBITED BELOW.
MAXIMUM NUMBER OF UNITS: 90
POTENTIAL ZONING TO BE APPLIED: C-2
SPECIAL REQUIREMENTS (MODIFYING CITY REGULATIONS):
LARGE SCALE COMMERCIAL RETAIL IS PROHIBITED.
MAXIMUM GROSS LEASABLE AREA FOR ANY INDIVIDUAL RETAIL
TENANT/USER (E.G. GROCER) SHALL NOT EXCEED 65,000
SQUARE FEET.
AUTOMOBILE SERVICE STATIONS ARE PROHIBITED.
ADULT USES ARE PROHIBITED.
RETAIL LIQUOR SALES ARE ALLOWED AS AN ACCESSORY USE
BUT ARE PROHIBITED AS A PRIMARY USE.
TOBACCO ORIENTED RETAILERS ARE ALLOWED AS AN
ACCESSORY USE BUT ARE PROHIBITED AS A PRIMARY USE.
RETAIL MARIJUANA SALES (DISPENSARIES) ARE PROHIBITED.
AUTOMOBILE SERVICE STATIONS ARE PROHIBITED, UNLESS
ACCESSORY TO A GROCERY STORE.
12.S – Development Parcel 12.S
Size: 59 57.65 acres
Uses Permitted:
High school
Potential Zoning to be Applied: R1-8
***
OPPOSITION
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From:
Richard Starr
To:
Anthony M Grande; rlane@gblaw.com
Subject:
Black Mtn Village Rezone // PHS turning movements MAJOR CHANGE
Date:
Monday, September 9, 2024 1:41:43 PM
Attachments:
image.png
The proposed retail center site plan (revised) NOW includes a NEW MEDIAN on Mayo. This median will BLOCK a vital left hand turning movement from Mayo into the PHS parking lot. This will result in many U-turns or push nearly all PHS traffic onto Black Mountain Pkwy single
entrance. The prior site plan did NOT include a median on Mayo.
Pinnacle High School's (2,550+ students) operations should not affected by the new retail center. Vestar's revised site plan does not meet the needs of PHS traffic. The aerial picture on G&B website cuts off the school parking lot entrances. With this major change to PHS turning
movements, the aerial should be updated accordingly.
Additionally, AZ State Land and PVUSD need to work on a parking solution for PHS before the land auction to any developer. Special events overflow onto State Land property (100+ cars park in desert). There will be major conflicts in future when PHS and retail center are fighting
over parking.
Richard "R.T." Starr
rtstarraz@hotmail.com
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From:
Richard Starr
To:
Anthony M Grande
Subject:
Black Mountain Village. GPA & Rezone - SWC Deer Valley & Black Mtn // PARKING @ PHS
Date:
Monday, September 9, 2024 1:13:58 PM
Attachments:
image.png
Black Mountain Village retail development has been proposed for over 12 months now. The
land seller (AZ State Land Department) and PVUSD have not addressed the existing parking
problem at Pinnacle High School. ASLD should not auction the property immediately adjacent
to the high school to any developer without working with PVUSD to fix this issue. Pinnacle
High School needs at least 250 more parking stalls for everyday use and special events like
football, basketball games or meet-the-teacher nights. During special events, 100+ cars
overflow park in the desert on the future grocer site. These cars will simply park in Fry's
parking lot in the future, creating a logistical nightmare for everyone including the grocer and
retail tenants. The parking issue is not going away as Pinnacle adds students each year.
Richard "R.T." Starr
rtstarraz@hotmail.com
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From:
Christian Klein
To:
Anthony M Grande
Subject:
GPA-DSTV-2-23-2
Date:
Saturday, September 14, 2024 1:49:05 PM
Dear Anthony Grande,
I am writing today regarding Vestar’s updated proposals (case numbers) GPA-DSTV-2-23-
2, GPA DSTV-3-23-2, and Z-39-23. As a resident of Desert Ridge, I oppose Vestar’s
updated proposal for rezoning the Southwest Corner of Black Mountain Boulevard and
Deer Valley Drive from Residential to Commercial/Retail for several reasons.
First, Desert Ridge is a highly desirable planned residential community that continues to
attract buyers willing to pay a premium for a prime location. Adding commercial/retail
mixed-use space in the middle of our community would decrease the desirability of Desert
Ridge and lower the values of residential real estate within the community.
Second, the traffic flow within Desert Ridge is already too great for the limited infrastructure
within the community. Pinnacle Peak High School is located adjacent to the proposed site.
The traffic caused during the morning/afternoon pick up/drop off combined with regular
commuting already creates a safety issue on Black Mountain and Deer Valley, with vehicles
backed up in every direction. Adding unnecessary commercial/retail space would only
increase the traffic and lead to safety issues.
Third, there is simply no need (or desire) for mixed commercial/retail space in the middle of
single-family homes. The area has more than ample shopping options - Desert Ridge
Marketplace, High Street, and shopping off of Cave Creek Rd and the 101 are all within an
extremely close distance. Finally, creating a commercial/retail space in the middle of a
residential area will bring increased instances of crime, which, when coupled with declining
property values, would limit the marketability of Desert Ridge.
Finally, the entire process by Vestar has been disingenuous to the residents of Desert
Ridge even seeking outside influence/support by non-community residents to showcase
support with Facebook ads. The adjustments made by Vestar do not remedy concerns of a
commercial development in a pristine residential area. Allowing this proposal to go forward
will put a serious blemish on Desert Ridge's reputation.
Given the detrimental impacts on our home values, marketability, safety, noise pollution,
and increased traffic without adequate infrastructure, these proposals should be denied.
Please do not hesitate to reach out if I can provide any additional information.
Regards,
Christian Klein
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From:
Yasmin Rivera-Klein
To:
Anthony M Grande
Subject:
Oppose GPA-DSTV-2-23-2
Date:
Sunday, September 15, 2024 11:12:46 PM
Dear Anthony Grande,
I am writing today regarding Vestar’s updated proposals (case numbers) GPA-
DSTV-2-23-2, GPA DSTV-3-23-2, and Z-39-23. As a resident of Desert Ridge, I
oppose Vestar’s updated proposal for rezoning the Southwest Corner of Black
Mountain Boulevard and Deer Valley Drive from Residential to Commercial/Retail
for several reasons.
First, Desert Ridge is a highly desirable planned residential community that
continues to attract buyers willing to pay a premium for a prime location. Adding
commercial/retail mixed-use space in the middle of our community would decrease
the desirability of Desert Ridge and lower the values of residential real estate within
the community.
Second, the traffic flow within Desert Ridge is already too great for the limited
infrastructure within the community. Pinnacle Peak High School is located adjacent
to the proposed site. The traffic caused during the morning/afternoon pick up/drop
off combined with regular commuting already creates a safety issue on Black
Mountain and Deer Valley, with vehicles backed up in every direction. Adding
unnecessary commercial/retail space would only increase the traffic and lead to
safety issues.
Third, there is simply no need (or desire) for mixed commercial/retail space in the
middle of single-family homes. The area has more than ample shopping options -
Desert Ridge Marketplace, High Street, and shopping off of Cave Creek Rd and the
101 are all within an extremely close distance. Finally, creating a commercial/retail
space in the middle of a residential area will bring increased instances of crime,
which, when coupled with declining property values, would limit the marketability of
Desert Ridge.
Finally, the entire process by Vestar has been disingenuous to the residents of
Desert Ridge even seeking outside influence/support by non-community residents to
showcase support with Facebook ads. The adjustments made by Vestar do not
remedy concerns of a commercial development in a pristine residential area.
Allowing this proposal to go forward will put a serious blemish on Desert
Ridge's reputation.
Given the detrimental impacts on our home values, marketability, safety, noise
pollution, and increased traffic without adequate infrastructure, these proposals
should be denied. Please do not hesitate to reach out if I can provide any additional
information.
Regards,
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From:
Richards, Dan
To:
Anthony M Grande
Subject:
Black Mountain Village – City of Phoenix Case Nos. GPA-DSTV-2-23-2, GPA-DSTV-3-23-2, and Z-39-23-2 – Notice of Revised Development Proposal and Rescheduled Public Hearings
Date:
Monday, September 16, 2024 4:06:41 PM
Attachments:
image001.png
image003.png
image004.png
Intersection Photo 2.PNG
Hello Mr. Grande and the Desert View Village Planning Committee,
I wanted to share a couple of photos that are good depictions of the traffic that is currently a problem at the intersection of Deer Valley and Black
Mountain Boulevard. Vestar’s Black Mountain Village will only make this more of a nightmare.
This first photo is showing several vehicles from the southbound lanes of Black Mountain Blvd blocking the intersection after their light turned red.
These vehicles never made it through the intersection while the Deer Valley left turn light was green. Now what we have are vehicles from two
directions stuck in the middle of the intersection. Northbound and Eastbound traffic are completely stuck and cannot get through while they have a
green light. It’s total gridlock.
The second photo is a view from the first vehicle in the left turn lane on Deer Valley, trying to turn south on Black Mountain Blvd. You can see there
are so many vehicles blocking the intersection that vehicles either had to wait for another cycle or be selfish and enter the intersection and block
even more traffic once the light changes. Eastbound traffic is completely blocked at this point. Vehicles in the left turn lane were being considerate
and waited another cycle before trying to enter the intersection.
This is a daily occurrence at this intersection. The level of service for this intersection is already failing. If this is a simple fix by adjusting the
intersection timing with Black Mountain and Mayo to alleviate this problem, then this should be taken care of immediately. If this isn’t a simple fix,
then adding this Black Mountain Village is going to create even more of a mess at this intersection.
Please consider the residents that must drive through these intersections on a daily basis. It’s already a nightmare to deal with. I am asking you to
please reject Vestar’s proposal to rezone this property. The neighbors that live nearby want to see this stay the residential portion of the Desert
Ridge master plan that we all expected when we bought our homes.
Thank,
Dan Richards
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From:
Robin Bowie
To:
Anthony M Grande
Subject:
Black Mountain Village/City of Phoenix Planning Case Nos. GPA-DSTV-2-23-2, GPA-DSTV-3-23-2, & Z-39-23-2
Date:
Tuesday, September 17, 2024 3:37:43 PM
Hello Anthony,
I hope this email finds you well. We met back in November of last year at a City
Planning meeting regarding the above rezoning hearing.
Last night, Vestar’s attorneys, Rob Lane, Senior Land Use Planner of Gammage
and Burnham along with other lawyers held a meeting at Aviano to discuss their
updated plans for the Black Mountain parcel. It seems as though they did listen to
what the residents had to say about many concerns and reworked their plan but there
are still items that are just not acceptable. Mr. Lane went on to say that our local
Albertsons was just way overcrowded and that there needed to be another choice for
the residents. Vestar’s plan was originally billed as this was going to be a “boutique”
shopping center and now it is being deemed “necessary.” But last night, just as they
assured the audience that this was a good thing and so desperately needed, they
spring on us that there will be a bus stop to this shopping center. This raises
concerns for not only me but many folks that I have spoken with today. I believe Mr.
Lane explained that it was the City that decides where the bus stops are installed.
Can you verify that information for me? My issue all along with this plan is what this
is going to do to our neighborhood. This was not in the original master plan of Desert
Ridge to have a shopping center inserted in the middle of our community to begin
with. I was beginning to have a little acceptance of Vestar’s plan - I did feel that they
made a good second attempt at trying to mitigate the concerns of the residents. But
with the bus stop being added, it just brings up for me that fact that what happens at
bus stops and what it may attract. It is one thing to have a bus stop on Tatum
Boulevard just south of Deer Valley, a major thoroughfare but not in the middle of a
neighborhood. My argument here is that if you can afford to live in Desert Ridge you
are more than likely not riding a bus.
And of course there is still the issue of Pinnacle High School and the parking
issue. Those students will invariably park at the shopping center - it will just be a
constant battle. And, what about the overflow parking for families as they attend
extracurricular events such as the football games - they always used that lot. Is the
shopping center prepared to let everyone use their lot for these events?
Thank you for again for your time.
Robin Bowie
Aviano Resident
(602) 329-9005
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From:
Steven Deacon
To:
rlane@gblaw.com; Anthony M Grande; Steven Deacon
Subject:
Black Mountain Village Traffic Study Request
Date:
Tuesday, September 17, 2024 10:47:12 PM
Dear Rob & Anthony,
I would like to request a traffic study of 36th Way and 36th street as shown in the attached
pictures to be included as part of Vestar's petition to build a commercial property across from
Pinnacle High School.
I believe this street has been overlooked in Vestar's traffic study as it plays a major role as a
cut through street to avoid the traffic jams during High School drop off and pick up.
My biggest concern is for the safety of our children who reside in the Cooper View section of
Fireside. There are 45 kids in elementary school who live in this section and walk to school
every day. We already deal with the reckless driving from the high school, and I am concerned
that it will only get worse with the increased traffic if the new commercial development gets
approved.
The high school parents use this cut through to avoid the traffic jam where they drop the
students off by the mailboxes then make a U turn back through the community. This is circled
in yellow.
If this additional child safety concern could be addressed it would be greatly appreciated in
protecting our community and safety of our children.
Feel free to contact me if further explanation would be helpful.
CITY OF PHOENIX PLANNING CASE NOS. GPA-DSTV-2-23-2,
GPA-DSTV-3-23-2, & Z-39-23-2
Best,
Steve Deacon, CFP®, CIMA®, Private Wealth Advisor
CA Insurance License #0H03830
Five Point Wealth Advisors
8925 E Pima Center Pkwy, Suite 135
Scottsdale, AZ 85258
Phone: 480-948-2416
FAX: 480-291-8643
www.fivepointwealth.com [fivepointwealth.com]
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From:
Andy M
To:
Anthony M Grande
Subject:
Cases GPA-DSTV-2-23-2 & GPA-DSTV-3-23-2/Z-39-23-2
Date:
Wednesday, September 18, 2024 10:35:53 PM
I live in fireside (3609 e cat balue Dr) and I am opposed to "black mountain village" -- I ask
that you keep that lot residential! We do not want it turned commercial and do not want
businesses in that area! Vestar should simply use the land a few blocks away at cave Creek
and deer valley!
Thanks,
Andy
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From:
Rajesh Gadde
To:
Anthony M Grande
Subject:
NO to Black Mountain Village-Case GPA-DSTV-2-23-2/GPA-DSTV-2-23-2/Z-39-23-2
Date:
Wednesday, September 18, 2024 8:58:15 PM
Hello Anthony,
After listening to a new revised plan from Vestar, this is my opinion.
I am Rajesh Gadde. I live in Fireside at desert ridge, I would like to formally email you my
opposition about building Black mountain village. I think it's going to make our safe
neighborhood into a commercial area thus causing danger to kids.
It will create more crime opportunities, noise, litter, pollution, traffic nightmare as well.
We don't want this at all. Please help us on this matter.
Thanks
Rajesh
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From:
Amal Halaby
To:
Anthony M Grande
Subject:
Black mountain , zoning from residential to commercial iam voting. No, no, please hear us. Thank you.
Date:
Wednesday, September 18, 2024 12:02:35 PM
Sent from my iPhone
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From:
hww33 (null)
To:
Anthony M Grande
Subject:
Fwd: Black Mountain Village Proposed Plans for Superblock Parcel 12
Date:
Wednesday, September 18, 2024 7:10:17 AM
Hello Anthony,
I am reaching out to voice my displeasure and to ask for your support with ensuring that Vestar/other corporations
are blocked from rezoning from “residential” to “commercial” for the proposed Black Mountain Village in Desert
Ridge. The residential zoning was absolutely a key factor when we purchased our home and would be
devastating to our community if rezoning is allowed. There seems to be plenty of commercial zoning between
High Street, Tatum and Cave Creek Roads.
Begin forwarded message:
From: Fireside at Desert Ridge <emolenaar-associatedasset.com@shared1.ccsend.com>
Subject: Black Mountain Village Proposed Plans for Superblock Parcel 12
Date: September 18, 2024 at 7:06:28 AM MST
To: zakhouse2333@gmail.com
Reply-To: emolenaar@associatedasset.com
[fskj7tgbb.cc.rs6.net]
Message from the Manager
Updated Superblock Parcel 12 Presentation
Dear Fireside at Desert Ridge Residents,
Thank you to everyone that participated in yesterday evening's updated proposal
towards the rezoning of Superblock Parcel 12 from residential to commercial
property. The presentation, approximately 15 minutes in length, using both a
hybrid and virtual format, was given by Gammage & Burnham Law, counsel for
Vestar Development Co. Upon conclusion of the presentation, representatives
attempted to answer related questions using a multi-contact approach with the
goal of efficiency.
Specific details from the presented proposal can be found using this link:
https://www.gblaw.com/blackmountainvillage/ [fskj7tgbb.cc.rs6.net]
Questions or comments regarding Black Mountain Village can be sent to Rob Lane,
Gammage & Burnham PLC, Senior Land Use Planner at (602) 256-4439 or
rlane@gblaw.com.
The next step in the rezoning process will be a public hearing with the
Desert Village Planning Committee (VPC).
When: October 1st, 2024 at 6:30 pm
Where: Paradise Valley Community Center, Multi-purpose Room
17402 N. 40th Street, Phoenix, Arizona 85032
To participate, see the instructions available on the Public Meeting Notices website:
https://www.phoenix.gov/cityclerk/publicmeetings/notices
If you would like to voice your opposition or support via written email, contact
Anthony Grande, City Planner at anthony.grande@phoenix.gov as all received
communication is documented.
I can be reached at (480) 214.3357 or emolenaar@associatedasset.com if you
should have any questions or concerns.
Sincerely,
Eric Molenaar, CAAM, SLC
Fireside at Desert Ridge Community Manager
On behalf of the Fireside at Desert Ridge Community Association Board of
Directors.
[fskj7tgbb.cc.rs6.net]
Fireside at Desert Ridge Community Association
3775 E. Lone Cactus Drive
Phoenix, AZ 85050
480.203.2166
www.ourfiresidedesertridge.net [fskj7tgbb.cc.rs6.net]
Professionally Managed By:
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From:
Julia Levene
To:
Anthony M Grande
Subject:
Updated Superblock Parcel 12
Date:
Wednesday, September 18, 2024 9:09:52 AM
HI Anthony:
As I was unable to make the meeting last night, can you answer a couple of questions for me?
Do the restrictions listed in the development project apply only to this proposal, or will these
restrictions be within the confounds of the rezoning to commercial property? Restrictions such as
limited size of box store to no more than 65,000 sq. feet, no gas station, low lighting, and
restrictions types of tenants allowed etc. In other words, down the road, can another developer or
same developer alter what is allowed in this commercial zone and place a gas station there?
Can you describe what is meant by “separate public process” regarding drive through restaurants?
Thanks
Julia
Julia Levene, CMP
CEO
Go West Destinations, Inc.
DBA: APP, Association Planner Partners
3734 E. Ringtail Way
Phoenix, AZ 85050
Phone: 602 320-8323
www.associationplannerpartners.com [associationplannerpartners.com]
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From:
John Randall
To:
Anthony M Grande
Cc:
John Randall
Subject:
Superblock Parcel 12 revised proposal Opposition
Date:
Wednesday, September 18, 2024 7:21:51 AM
Dear Anthony,
Thank you for taking the time to read my opposition to the revised proposal for superblock 12
adjacent to our high school.
I have a background serving on both economic development and planning commissions in
suburban Chicago for nearly ten years and am generally in favor of development to aid in tax
revenues to support local communities. My rare exception to this bias is when homeowner
community Zoning is changing to accommodate this development post community build out.
Two of the key determining factors in home purchases are High School rating and community
environment which has led to the evolution to planned communities and continued equity
growth over time. To disrupt these factors post build out should NOT happen in my view
without a minimum of a community vote to represent the true data to decision makers who
serve on our community boards and commissions.
It is for these reasons that I vote NO to superblock 12.
Thank you,
John G. Randall
John.randall023@gmail.com
602-919-8150
21709 N. 37th st
Phoenix, Az. 85050
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From:
Matthew Chitwood
To:
Anthony M Grande
Cc:
Anne Chitwood
Subject:
GPA-DSTV-2-23-2 and Case GPA-DSTV-3-23-2 and Case Z-39-23-2
Date:
Thursday, September 19, 2024 11:53:53 PM
Re:GPA-DSTV-2-23-2 and Case GPA-DSTV-3-23-2 and Case Z-39-23-2
The plans proposed by Vestar are NOT in alignment with what the General Plan originally
intended this land be used for and I specifically request the Committee REJECT the
developer's case.
Matt Chitwood
Fireside Resident
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From:
C Dunn
To:
Anthony M Grande
Cc:
Council District 2 PCC
Subject:
GPA-DSTV-2-23-2/GPA-DSTV-3-23-2/Z-39-23-2 BLACK MOUNTAIN VILLAGE
Date:
Thursday, September 19, 2024 5:35:25 PM
Dear Mr Grande and Members of the Desert View Village Planning Committee
-
Unless you have personally been involved with transporting students to and
from Pinnacle High School, you cannot appreciate the traffic challenges that
occur daily at the intersection of Mayo Blvd. and Black Mountain Blvd. (Please
note that this intersection is directly in front of the high school.) We have
parents dropping off students. We have inexperienced student drivers pulling
into the parking lot. We have traffic heading toward the 51. We have traffic
coming off the 51. Plus, we have heavy traffic from Deer Valley, which has
now become an alternate route for the 101. In the midst of all this traffic, we
have those students who walk to school. Even under the best of conditions,
crossing Black Mountain Blvd. and Mayo Blvd. can be difficult. It is not
uncommon to see students darting across traffic, crossing against the light, or
jaywalking. The situation is formidable for all involved.
Vestar is suggesting their proposed commercial development will benefit our
neighborhood. (Please note they would be building adjacent to Pinnacle High
School.) They claim it will offer us an alternative shopping experience, while
alleviating traffic congestion at Desert Ridge Marketplace. Vestar’s suggestion
is nothing short of insulting. Their own traffic analysis of 2022 predicted their
project would add more than 10,000 vehicles DAILY at the intersection of
Deer Valley and Black Mountain Blvd. And that has to be a conservative
number now considering all the construction that has occurred since 2022. Add
those 10,000 vehicles to the already inordinate number of vehicles navigating
Black Mountain Blvd., Mayo Blvd., and Deer Valley on a daily basis and we
have a disaster waiting to happen.
We cannot compromise our values. We must think of the safety, security, and
well-being of our children. The negative impact of having a commercial
development adjacent to Pinnacle High School and one block from Fireside
Elementary school far outweighs any alleged benefits.
Please say NO to re-zoning Superblock 12.
Please say NO to Vestar.
Thank you.
Carolyn Dunn
3752 E Covey Lane
Phoenix, AZ 85050
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From:
SCOTT ELLEFSON
To:
Anthony M Grande
Subject:
Rezoning proposal case GPA-DSTV-2-23-2 and Case GPA-DSTV-3-23-2 and Case Z-39-23-2.
Date:
Thursday, September 19, 2024 11:24:47 AM
Dear Sir,
I Strongly Oppose this rezoning proposal.
Rezoning proposal case GPA-DSTV-2-23-2 and Case GPA-DSTV-3-23-2 and Case
Z-39-23-2.
Sincerely,
Scott Ellefson
3909 E. Melinda Dr.
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From:
Treye Elzenga
To:
Anthony M Grande
Subject:
Resident Feedback I Black Mountain Village Project (GPA-DSTV-2-23-2; GPA DSTV 3-23-2; Z-39-23)
Date:
Thursday, September 19, 2024 9:55:08 AM
Hello Anthony and Desert View Planning Commission,
After reviewing the revised proposal and attending developer led listening sessions for the Black Mountain Village Project
(GPA-DSTV-2-23-2; GPA DSTV 3-23-2; Z-39-23), I want to express my strong opposition to this project. No amount of money,
project design changes, or unsubstantiated claims by the developer or their retained counsel make this project safe for our
community. It was fundamentally flawed from the start and approving this project will only provide short-term rewards for
Vestar and Gammage & Burnham associates not the community. Once again our City Planning Officials should Deny this
project. Commercial real estate on this proposed parcel has no place, no real need, and only increases risks.
Phoenix City Council Women, Ann O’Brien recently noted our cities dire need for housing to meet the needs of a growing
population in reference to a proposed Lennar Homes residential housing project near Hurricane Harbor which will provide
300 much needed additional units to our community. Gammage and Burnham flippantly disregards our civic leaders facts
based leadership in their revised proposal by stating ‘conversion of this property from residential to commercial and the
subsequent loss of 236 dwelling units is negligible’. Gammage and Burnham has also represented Lennar Homes on projects
in Phoenix and appears to pick and choose when housing projects are valuable to our community based on their interests not
residents. Clearly City leaders and Arizona’s own Department of Housing identified shortages of over 270,000 housing units
across our state in recent facts based studies. As Phoenix metro comprises over 2/3rds of our state’s population, we require
over 175,000 units to meet the needs of the citizens. We clearly have work to do in an effort to meet that shortage. Rezoning
existing housing parcels to commercial property in the heart of a well-established family-friendly community only introduces
unnecessary risks and creates tax payer waste in the zoning review process.
Once again, nowhere in this proposal does it acknowledge the most at-risk to traffic related injuries amongst us the pre-
school and elementary school children who walk, bike, and run to Fireside Elementary. Living in this community, safety should
always be our number one concern as residents. Omitting Fireside Elementary from the traffic studies and written rezoning
application responses is negligent and shows clear disregard for our children’s safety. Within four hundred yards of this
proposed project, we have two schools, Pinnacle High School and Fireside Elementary, which educate pre-school children as
young as four years old. Each morning and afternoon families walk their children to these schools from the surrounding
homes from the north, south, east, and west. In the bias traffic study completed in November 2022 they fail to acknowledge
slower traffic patterns based on holidays, people traveling outside of Phoenix to visit family, and winter residents not yet
arriving to the area in addition traffic patterns have evolved after two years. Throwing money at the HAWK system does not
solve the problem of increased transient traffic flow, especially off the high-speed HWY 51 into this area, statistically
increasing risks for residents, especially our younger children. Simply there is no compelling argument for this project and
only increased risk.
While developers will make the case for additional services and unsubstantiated benefits to our community, we must consider
the abundance of commercial services that are already available in Desert Ridge Marketplace, along Cave Creek Road, and
HWY 51 south. In addition, all these commercial properties have clearly defined borders which create increased safety as to
not blend housing, schools, parks, and daily life, with commercial development. Within Desert View we have an abundance of
services of all commercial types within one mile. Making the argument that driving one mile creates hardship is another
unsubstantiated claim by the developer and fails to acknowledge the abundance of delivery services if someone prefers
alternative commercial services that are not available within one mile. Desert View is not the same as an urban core, such as
downtown Phoenix. Lack of concrete detail is consistent throughout the rezoning application, while there is an abundance of
words and feelings including ‘potentially’ and ‘we feel’ it fails to acknowledge key considerations as I have outlined.
Vestar owns Desert Ridge Marketplace and Gammage and Burnham outlines in their own words the developments failures to
manage traffic congestion and parking. Why would we trust the same developer to deliver different results when they
themselves acknowledge these failures. Fool me once let’s not make it twice especially next to our children’s schools and
family homes. We have an opportunity to put families and our youngest citizens first by DENYING this project. Thank you for
your thoughtful consideration of the data, facts, and real impact on our community for the long term. I appreciate your
support in DENYING this rezoning request for the second time.
Treye Elzenga
Resident City of Phoenix - Desert Ridge
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From:
Dave Evans
To:
Anthony M Grande
Subject:
Rezoning Proposal Case GPA-DSTV-2-23-2 and Case GPA DSTV-3-23-2 and Case Z-39-23-2
Date:
Thursday, September 19, 2024 5:10:41 PM
Dear Mr. Grande,
I am a longtime Fireside resident (since 2013), living literally a stone's throw away from Black
Mountain Blvd across from where the proposed site is located. I recently attended the
presentation by Vestar at the Fireside Community Clubhouse on September 17 regarding the
updated proposal plans for superblock parcel 12. I went into the meeting with an open mind
curious as to the amendments and changes they had made. After hearing their presentation
and seeing their proposed plans I can assuredly say I AM NOT in favor of this proposal.
Regardless of how they attempt to build out this commercial center and update the
corresponding streets around it, the traffic in this area is going to become a nightmare and
even more unsafe. I have lived here firsthand through the addition of the Route 51 on/off
ramp and have already noticed the influx of traffic on Black Mountain Blvd, including late
night motorcycle racing, street racing, and unfortunately a few serious accidents.
Vestar says they want to add a destination grocery store such as Trader Joes or Whole Foods
for just our surrounding neighborhoods. They are extremely naive to think this will not be a
huge draw for individuals driving in from all areas to go to this store, adding to increased
traffic all day long, safety issues, noise pollution, and making it more dangerous for residents
(and students) of this area to navigate safely in and out of their own neighborhoods. Throw in
the fact that this is NEXT DOOR to Pinnacle high school and I can't believe Vestar believes
it's a good idea to put a proposal together that will degrade and endanger the safety of the
students and residents who reside here. Have you seen the traffic and safety issues at Paradise
Valley High School on Bell Rd.? We do not deserve to have that brought to our
neighborhood. If Vestar is so determined to bring a new commercial shopping center to our
area they need to find another location that was not already zoned for residential housing. I
hope you will seriously consider the implications of this disastrous proposal and take steps to
keep it from being implemented. Thank you for your attention to this matter.
Respectfully
David Evans
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From:
Shelley Flecky
To:
Anthony M Grande; Council District 2 PCC
Subject:
Re: Resident of Fireside - against rezone Black Mountain Village
Date:
Thursday, September 19, 2024 9:11:05 AM
I sent this a year ago, and my thoughts have not changed. Please keep zoned as single family
homes.
Thank you,
Shelley Flecky
> On Sep 13, 2023, at 9:44ௗPM, Shelley Flecky <shelleyflecky@gmail.com> wrote:
>
> Hello,
>
> I have been a resident of Fireside Desert Ridge since 2011. I now have a son at Pinnacle
High School. I am strongly against re-zoning the area by his school to commercial. This was
not the original plan and definitely after all the growth in this area should not be the new plan.
Traffic on Black Mountain Blvd is horrendous and downright dangerous during school hours.
I don’t think it is a safe place to add more congestion. Please do not re-zone! The community
does not want this.
>
> Thank you,
> Shelley Flecky
> Referencing case numbers GPA-DSTV-2-23-2/GPA-DSTV-3-23-2/Z-39-23-2
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From:
JG Ford
To:
Anthony M Grande
Subject:
Rezoning proposal case GPA-DSTV-2-23-2 and Case GPA-DSTV-3-23-2 and Case Z-39-23-2
Date:
Thursday, September 19, 2024 5:29:21 PM
Hello Mr. grande,
I hope you can see by the mass amounts of emails you are receiving to oppose this
Vestar rezoning idea that is not what the majority of affected homeowners want, nor
do we need it. Are there a few who want it, sure.
I strongly oppose this and want it to remain zoned for single family homes ONLY! We
did not buy here to have it rezoned for commercial use.
Vestar has been diligent with their fake marketing and published articles that
residents want this and that it was the Arizona State Land Department that
approached Vestar, when the state in fact did not.
And it is no coincidence that the next scheduled meeting is Oct 1st during our Fall
Break where many families, like mine will be out of town and unable to attend. Why?
Well it’s a planned strategic move so less of us can attend.
Please do the right thing and stop this from moving forward. What if you lived up here,
I don’t believe you would welcome and embrace this unwanted change and increased
traffic in your neighborhood.
Thank you for applying your ethical consideration from a homeowner’s perspective to
stop this from going any further.
Respectfully,
Jay Ford
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From:
Susan Forkos
To:
Anthony M Grande
Subject:
Rezoning proposal case GPA-DSTV-2-23-2 and Case GPA-DSTV-3-23-2 and Case Z-39-23-2.
Date:
Thursday, September 19, 2024 10:40:31 AM
Good morning,
I have had the opportunity to attend the meeting at the Fireside Clubhouse and cannot be more
disappointed in this presentation. It really lacks the "buy in" that I thought I would have after
this discussion. The key points to the community not being in favor are the unfavorable
aspects of driving more traffic to the neighborhood, types of retailers, possibility of junk fast
food, and the list goes on. I was in favor of another grocer in and around Desert Ridge but I
am now in favor of SCRAPPING this proposal and moving forward with the land being
developed into housing, and parks that would not increase traffic at key times throughout the
day.
Key takeaways I was left scratching my head:
-Vestar was approached to develop this area? I have no buy in on this statement. So then
Vestar should have looked at the value of other properties. Even the ones at Pinnacle Peak.
This area would be ideal! And remember Whole Foods built nowhere near housing and people
flock to it. No one in the neighborhood is driving towards the high school except for key times
during the day which is a traffic nightmare. We all drive away from the area for shopping and
knew we would be doing that when we bought our homes. That was one of the appealing
qualities of Desert Ridge.
-Traffic, traffic and more insane traffic...Too much traffic would be directed and come off the
51 and Mayo to go to NEW shopping, there still is no clear answer as to how this would affect
the area as far as noise pollution and added car pollution in general. Also, the influx of cars at
633 parking spots is a huge amount of cars to add to the daily drop off/pick up routine. There
was no clear answer. There is currently a high traffic issue in this area, with accidents and
injuries. Increasing this would not be helpful. We see what a mess Tatum is at the turn into
Albertsons and InNout burger. It's a disaster. Parking lot would become drop off and pick up
and overflow parking for the school that is already bursting at the seams.
-Types of retailers. YES, this matters. When you do not know what is going in and you are at
the mercy of the land developer taking the highest bid, you get what they want. Which is retail
dedicated to convenience of a highway offramp. Not retailers dedicated to increasing the value
of our properties. I was told they cannot be selective and will take whoever bids on the
parcels. Look at several other shopping centers, you currently don't see McDonalds or
ChickFilA at the scottsdale quarter, do you? you have million dollar homes right across the
street that fear the smell of grease and pollution of delivery trucks. Not to mention increasing
foot traffic, loitering and the list goes on and on.
-size retailers down to 65,000 sq ft.?? They were talking about this may be a prime spot for
Sprouts or Trader Joes but we are talking 65,000 sq ft which is the current size of the
Albertsons. A Trader Joes shop is typically 10-12,000 sq ft. So I have no interest in a major
store right next to a high school. This area cannot accommodate the traffic for the size
Albertsons that is at Desert ridge, it is ridiculous to think it can.
-decreased property value. NO one answered this question. And no one would know until we
get a list of retailers.
-education money trade off. No where did this say the trade off would directly go towards the
two schools located near this property, while this seems like a nice trade, our neighborhood
schools would only see a small fraction of this money, if any?
I am overall disappointed in the outcome and changes they have proposed. Adding a
busy shopping plaza is not a good idea for this location and I cannot back it or get on board
with this decision to change the zoning. The lot is just too small to house a 65,000 sq ft grocer
plus handfuls of stores off the highway ramp near an already busy school intersection.
So please add my commentary to the list of people that oppose the rezoning of this land. I
absolutely do not approve their proposed plans. Vestar clearly is in it for the money, not the
benefit of our community.
Thank you,
Susan Forkos
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From:
harrisonmccrae88@icloud.com
To:
Anthony M Grande
Subject:
We don"t want Black Mountain Village
Date:
Thursday, September 19, 2024 11:23:42 AM
To whom it may concern,
We who live in residential areas such as Fireside, do not wish for more traffic going
by homes as it will cause much disturbance to our communities. Case Numbers:
GPA-DSTV-2-23-2/GPA-DSTV-3-23-2/Z-39-23-2
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From:
Todd Jennings
To:
Anthony M Grande
Subject:
Rezoning proposal case GPA-DSTV-2-23-2 and Case GPA-DSTV-3-23-2 and Case Z-39-23-2
Date:
Thursday, September 19, 2024 4:34:49 PM
Mr. Grande,
I recently attended the presentation by Vestar at the Fireside Community Clubhouse regarding
the proposed plans for superblock parcel 12. While I initially supported the idea of having
another grocery store nearby, I now believe that rezoning this area for commercial use would
not be a good decision. After reviewing the plans, it’s clear that traffic will become a significant
issue, even with the proposed lane expansions and additional sidewalks.
Currently, most residents drive away from Pinnacle High School for their grocery shopping.
Placing a supermarket right next to the high school will not only draw local residents but also
people from outside the community, significantly increasing traffic in the area. This rise in
traffic will bring a higher risk of accidents, especially concerning the safety of children who
attend the high school and live in the surrounding neighborhoods.
In addition to safety concerns, the increased traffic will lead to more noise, disrupting the
quiet environment many of us value. Personally, when I shop at stores like Whole Foods,
Sprouts, or Trader Joe’s, I travel away from the school. If a grocery store is built here, it will
bring more congestion, more noise, and more pollution to our streets.
I believe the best option would be to keep the zoning for single-family homes as it currently is
T Jennings
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From:
Kris
To:
Anthony M Grande
Subject:
Rezoning proposal case GPA-DSTV-2-23-2 and Case GPA-DSTV-3-23-2 and Case Z-39-23-2.
Date:
Thursday, September 19, 2024 4:30:43 PM
Hello Mr Grande. I am writing regarding the above rezoning proposal. I live in Fireside
and have had children attend the local schools as well as Pinnacle High School.
If you don’t live in the area, it is really hard to understand the traffic problems we have
around the High School. There are also major issues, outside of school hours, from
traffic coming from 51 to Black Mountain. People coming from the highway blow
through the stoplight and accidents occur. Unfortunately one of those happened to my
son. We were extremely fortunate no one was injured as his car was t-boned and
completely totaled.
Also I can’t imagine anything worse than having a shopping complex close to a high
school. All you have to do is ask the shop keepers at Desert Ridge Marketplace the
havoc the kids create there after school is let out. I can’t imagine this enhancing our
property values.
There are currently so many shopping choices within a 5-10 mile range that we really
do not need more that aren't already zoned for this purpose. I would strongly urge you
to reject a proposed zoning change to this area.
Thank you for your time.
Kris
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From:
Craig Liguori
To:
Anthony M Grande
Subject:
Superblock parcel 12 I vote NO
Date:
Thursday, September 19, 2024 1:00:09 PM
Anthony,
As a taxpayer whose house backs up to Black Mountain boulevard (Just north of the
pedestrian foot bridge), I OPPOSE the development of Superblock 12 parcel of land.
We as a community already have a problem with the school and its inability to abide by the
City of Phoenix Noise Ordinance, so until the High School can stop harassing its neighbors by
sounding a segment timer every 5 minutes during football practice that can be heard in my
house
Playing music that can be heard in the adjacent neighborhood that includes graphic words like:
,
,
,
, and
, I do not consider it a prudent move for the city to
continue to expand until they can handle the current situation.
I have brought this issue to the School, and the School District. Both entities still chose to not
take any action. It is time that city officials start doing their job and following / enforcing the
laws that they pass.
Craig Liguori
480-519-9436
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From:
Martina McConnon
To:
Anthony M Grande
Subject:
Black Mountain Village Proposed Plans for Superblock Parcel 12
Date:
Thursday, September 19, 2024 8:27:56 AM
Dear Mr Grande,
I attended the recent presentation by Vestar at the Fireside Community Clubhouse in
regards to the proposed plans for superblock parcel 12. While I had been in favor of
having another grocer in the vicinity, I am now convinced that it's not a good idea to
rezone that area for commercial space. Looking at the presented plans, and even
with the planned lane increases and separate sidewalks, it's very clear that traffic is
going to be a huge issue. Currently all residents are driving away from Pinnacle High
School to do their grocery shopping. If there is a super market right next to the high
school, not only are the people who live in the surrounding communities going to drive
there, it's also going to draw people from even further away. Right now, when I want
to go to a Whole Foods or Sprouts or Trader Joes, I'm driving AWAY from the high
school. If there was a grocer, anyone who likes to shop at that type of market will
drive to Black Mountain Village, increasing traffic on all surrounding streets,
increasing the risk of accidents and definitely increasing pollution.
I would like to keep everything as it is, with the area being zoned for single family
homes.
Thank you for your consideration.
Best regards,
Martina McConnon
3826 E Cat Balue Drive
Phoenix AZ 85050
cell 610-577-4982
Thanks!
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From:
heather moss
To:
Anthony M Grande
Subject:
NO to Black Mountain Village - case #’s: GPA-DSTV-2-23/GPA-DSTV-3-23-2/Z-39-23-2
Date:
Thursday, September 19, 2024 11:24:55 AM
Dear Anthony,
We are opposed to changing the residentially-zoned plot of land to commercial property.
We are against the Black Mountain Village proposed by Vestar.
We want to keep our high schoolers safe and keep our community protected, NOT increase the
unbelievable amount of traffic that will bottleneck the Black Mountain freeway exit and
surrounding roadways. We were told the area was all going to be residential when we chose
to purchase at Fireside and make this place our home. Now some big corporation has the right
to change that?!
Please take our homes and families in to consideration before agreeing to building this
horrible commercial project. Thank you.
Sincerely,
Heather McCrae
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From:
Dennis McWherter
To:
Anthony M Grande
Subject:
Opposition for Black Mountain Village (GPA-DSTV-2-23-2 / GPA-DSTV-3-23-2 / Z-39-23-2)
Date:
Thursday, September 19, 2024 6:51:26 AM
To Mr. Grande:
My name is Dennis McWherter and I am a resident of Fireside at Desert Ridge. I understand
that you are the City of Phoenix's point of contact related to the Black Mountain Village
project proposed by Vestar (GPA-DSTV-2-23-2 / GPA-DSTV-3-23-2 / Z-39-23-2). I wish to
voice my opposition to the proposal as you consider it.
Rezoning this land for commercial use will invite more traffic to an already precarious
location due to the higher-than-average concentration of new drivers coming to and from
Pinnacle Peak High School. It will also extend the hours under which there is heavy traffic in
the area. Furthermore, a commercial development in the area may encourage unwelcome
loitering. As a father of young children, I do have concerns about their safety in such an
environment. I find that the efforts to rezone the intersection of Deer Valley Dr. and Black
Mountain Blvd. to be actively harmful to the community residents. With the Desert Ridge
Marketplace approximately 2 miles away and plenty of other shopping complexes easily
accessible within minutes through SR-51, it does not serve a community need and it makes the
area less safe.
Allowing this land to be developed under its current plan for single-family residential better
fits the needs for our community. The current residential zoning also addresses a critical need
among our broader and rapidly growing Phoenix community: increasing the supply of
available housing in the valley. I urge the planning committee to reject the proposed rezoning
for this project.
Thank you for your consideration.
Regards,
Dennis McWherter
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From:
Sara Millett
To:
Anthony M Grande
Subject:
Black Mountain Rezoning Issue
Date:
Thursday, September 19, 2024 2:02:11 PM
Mr. Grande,
am writing you to express my opposition to Rezoning proposal case GPA-DSTV-2-23-2 and
Case GPA-DSTV-3-23-2 and Case Z-39-2.
As a Fireside resident of 13 years, and a parent of a teenager and a pre-teen, I think this is a
dangerous option for our community. The existing traffic nightmare near Pinnacle High School
will only be exacerbated by the addition of a commercial center. We need solutions to make
the intersections around the high school safer, not the opposite.
I urge you please to prioritize the safety of our children and newly driving teen high school
students.
Sincerely,
Sara Millett
3845 E Cat Balue Dr
Phoenix, AZ 85050
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From:
Michael Moskowitz
To:
Anthony M Grande
Subject:
Black Mountain Village Proposal
Date:
Thursday, September 19, 2024 8:09:48 PM
Dear Mr. Grande,
I am writing to express my descent regarding the proposed plans for Superblock Parcel 12. I
have been a resident and homeowner at Fireside in Desert Ridge for 13 years. What was once
a quiet neighborhood has transformed into a thoroughfare, and I fear that the addition of
another shopping center will exacerbate this issue. Traffic and noise levels have continued to
rise, and I am apprehensive about the further impact this shopping center would have.
The Desert Ridge Marketplace is already quite convenient, and efforts should focus on
enhancing this area rather than adding more commercial development.
I urge you not to change the zoning for this land to commercial use.
Thank you for your attention to this matter.
Sincerely,
Michael Moskowitz
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From:
Marisa Oconnor
To:
Anthony M Grande
Subject:
Black Mountain rezoning
Date:
Thursday, September 19, 2024 10:06:57 AM
Mr Grande,
I am writing you to express my opposition to Rezoning proposal case GPA-DSTV-2-
23-2 and Case GPA-DSTV-3-23-2 and Case Z-39-2.
As a long time Fireside resident and parent of Pinnacle HS students, I think this is a
dangerous option for our community. The existing traffic nightmare near the high
school will only be exacerbated by the addition of a commercial center.
I urge you please to take into consideration the safety of our students many of whom
are brand new drivers!
Thank you!
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From:
Rebecca Moretsky
To:
Anthony M Grande
Subject:
Super block Parcel 12 plans
Date:
Thursday, September 19, 2024 10:18:42 AM
Dear Mr. grande,
I’m a resident of Fireside with 2 children in nearby elementary and middle school.
Next year we’ll have a son at Pinnacle Highschool and I’m already concerned about
the terrible traffic and delays on black mountain blvd and deer valley. I’m also a
medical provider so delays getting to work are an issue. I’m deeply concerned about
the significant increase in traffic if the land is used for grocery store. That corner is
dangerous for walking students and young drivers already. I’m in favor of residential
property in that area as this will not bring in the same number of additional people to
the already congested area. Thank you for your consideration.
Sincerely,
Rebecca Reedy
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From:
Richards, Dan
To:
Anthony M Grande
Subject:
GPA-DSTV-2-23-2/GPA-DSTV-3-23-2/Z-39-23-2 BLACK MOUNTAIN VILLAGE
Date:
Thursday, September 19, 2024 2:54:08 PM
Attachments:
Grocery Store options.pdf
Mr. Grande,
I submitted something last year depicting the amount of gas stations that were in near Deer
Valley and Black Mountain Blvd. With Vestar eliminating the gas station from their proposal, I
wanted to focus on the fact that we have plenty of grocery stores available in the surrounding
area. Vestar used a graphic last year in some of their meetings stating that Desert Ridge
Marketplace is the only grocery store location in a 5-mile radius. That is simply not true at all!
Their graphic was only using a 5-mile range to the north of this property, and not looking south.
Even if you only looked to the north, they were still not being honest. Fry’s has a location at
Tatum and Cave Creek Road that is just under 5-miles from this property. Sprouts at
Scottsdale and Pinnacle Peak is also just under 5-miles.
If we start looking to the south of this parcel of land as well, then the options are incredible.
You don’t even need to use a 5-mile radius to start running into multiple grocery stores of the
same name. Within a 4-mile radius neighbors can choose between 3 different Fry’s, 2
different Albertsons, a Safeway, a Basha’s, ALDI, Food City, a Sprouts Market Express,
Walmart, Costco, and Target. If we increase this to a 5-mile radius, we add 2 Sprouts, a Whole
Foods, another Frye’s, another Safeway, and a WinCo Foods.
There is no need to be concerned about the undeveloped land to the north of Pinnacle Peak.
Once they start looking into developing the next super block to the north of Desert Ridge then
we can all start worrying about adding more grocery stores to that part of town. The neighbors
that live directly adjacent to the land at Black Mountain and Deer Valley do not want to see this
as a commercial property. We moved to this area to be away from the commercial portion of
Desert Ridge. Nobody is running out of gas just trying to get to a grocery store. We don’t’ want
Black Mountain Village. Please reject Vestar’s proposal to rezone this land.
Sincerely,
Dan Richards
DESERT RIDGE IS NOT LACKING GROCERY OPTIONS
FORGET ABOUT A 5-MILE RADIUS!!!!!!
Grocery Stores within a 4-mile radius of Pinnacle High School include:
x
3 Fry’s
x
2 Albertson’s
x
Safeway
x
Basha’s
x
ALDI
x
Sprouts Market Express
x
Food City
x
Costco
x
Walmart
x
Target
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From:
wroodenburg@cox.net
To:
PDD Planning Commission; Council District 2 PCC; Mayor Gallego; PDD Desert View VPC
Cc:
PDD Long Range Planning; Anthony M Grande
Subject:
GPA-DSTV-2-23-2/GPA-DSTV-3-23-2/Z-39-23-2 BLACK MOUNTAIN VILLAGE opposition.
Date:
Friday, September 20, 2024 8:12:09 AM
Attachments:
PlanningCommitteePhotoAppendix.docx
Dear Planning committee members, Mayor, Councilman,
The above mentioned proposal to rezone a residential area in Desert Ridge to commercial has been
“amended” by Vestar with the elimination of the gas station and will be starting the process all over
again starting with the Desert View Village Planning committee on October 1st.
This commercial center is proposed to be right next to a high school and elementary school and our
residents think this is irresponsible and unacceptable to even consider.
(Please see the attached PhotoAppendix for the traffic nightmare we endure and the unsafe
situations our kids navigate to get to school and the drone footage on our website:
DefendDesertRidge (godaddysites.com)
[defenddesertridge.godaddysites.com])
Since the January 4th continuance was granted, Vestar and their lawyers will claim this to be
“working with and listening to the community”. They even have stated in a community meeting that
ASLD approached THEM about developing it.
Both statements are very far from the truth.
The plan before you was already mentioned back in December of 2023 where they already indicated
that they would be willing to drop the gas station and reduce the grocery size to 65,000 sqft, which
equals their original submission.
We requested the origin of this proposal and according to Arizona State Land department official
reply - “The Desert Ridge Community Association (DRCA) has said additional grocery anchored
retail is needed in Desert Ridge.”.
Does the president of an HOA have the authority to represent a whole community without any
involvement or poll results of their residents?
Would any of these parties have listened to the community, they would have heard many people say
that starting a commercial center next to schools is completely unacceptable.
The negative impact on the students is unacceptable, the increased traffic will be unacceptable.
There are plenty of grocery stores in the area and other pre-approved commercial zoned parcels
available.(See attached DR zoning)
900+ people have now signed our petition.
I’m sure you have heard it all before, but are we really all just the regular “not in my backyard”
complainers in your view? Or are we genuinely standing up for the future and safety of our kids and
in our community?
I am writing to you to please consider our concerns and recognize that this proposal is a big mistake
that will have long lasting negative consequences for the desert ridge community.
Also, please consider that we, as residents, have been led to believe that;
We bought our homes within the Desert Ridge master community which had specifically
dedicated land to a commercial core away from schools.
The city has put in place stringent rezoning requirements that stipulate that rezoning should
not be a detriment to adjacent properties, neighborhoods and public welfare (and student
safety I want to add)
The city is actively campaigning for Vision Zero Road Safety Plan to reduce the number of
traffic and pedestrian casualties. Even established an office for pedestrian safety. Not double
the traffic around an already congested school drop off area that would increase the chances
of casualties.
The city is actively campaigning for Safe Route To Schools. In our area a lot of students walk to
school from their homes and have to cross an already dangerous junction at Mayo blvd and
Black Mountain blvd.
Arizona State Land department is selling land to fund public education and works on behalf of
its trustees, the students. Allowing this proposal would do the exact opposite and harm the
students and the schools around it.
Our Desert View Village Planning committee is your first line of defense to filter out
unacceptable proposals to avoid wasting everybody’s time at City Hall. These appointed
people are representing our community in this process and have voted 9-1 against this
proposal as well.
We compel the village planning committee review all the concerns and emails and attachments from
last year and reach the same conclusion that this proposal should be dismissed immediately and
without compromise.
A quick summary of events timeline ;
Rezoning case:
Vestar is seeking to rezone 22 acres of the 77 acres of land from Residential to
Commercial which is part of Superblock 12-section L.
The land is owned by the ASDL and is situated with the Desert Ridge Master
Community, adjacent to Pinnacle High School and a block away from Fireside
Elementary School.
Residents oppose ; (See previous case material for full details)
due to the proximity of alcohol and cigarettes and fast food sales near schools.
And Paradise Valley School district has sent 2 letters in which they share
significant and valid concerns.
due to the increasing traffic safety issues and pedestrian casualties (evidence by
Vision Zero – Road Safety Action Plan)
the widely known detrimental impact and pollution of commercial centers on
our respected community. (Noise,Light,Odor,Gasoline,Idling cars, etc)
On August 25th ,2023 – Lennar Construction has applied for the remainer 55 acres of
Superblock 12L for Single Family Residential development.
This is what Superblock 12 is already zoned for. (Residential 2 to 5 du/ac)
This is already approved in the Desert Ridge master plan and is in line with the Phoenix
general plan.
On October 3rd, 2023 - by a vote of 9-1 - this rezoning request has already been denied by
our Desert View Village Planning committee. Committee members that are appointed by the
councilman and represent and live in our area.
On November 2nd, 2023 we appeared at the Planning Committee meeting where we learned
that Vestar requested a continuance and even negotiated with the opposing core resident
group to make it 60 days – because of the holidays, etc.
The reason that they provided was that they needed to have another review meeting
with the ASLD to review their amendments.
We agreed on the condition that they would share these changes in time for our review
and that stipulation was noted by the chairman.
On December 11th, 2023 the opposing core resident group was invited to meet with Vestar
executives to review these changes.
However, nothing was further from the truth.
They shared that no meeting with ASLD was held, no changes were made.
This meeting was clearly a bait-and-switch for an opportunity to find out what changes
we might be comfortable with.
The meeting ended with a verbal commitment that they would be willing to drop the
gas station and reduce the grocery size to 65,000 sqft. (Their original submitted and
approved plan submitted with the state….)
On January 4th, 2024 the city planning committee granted Vestar an “indefinite” continuance.
They were not asked to pay the cost for this continuance and continue to waste the
valuable time of these committees.
They were allowed to “work with the community” for the past 8 months and are now
presenting the original plan from October 2023
They are now presenting “Shops” in their drawing that will be converted to the
dreaded Drive through restaurants “after Use permit hearings” are complete. There is
no time in the world for residents to continue to battle these
Whilst Vestar is claiming to care for Desert Ridge and boasts about their involvement, the blatant
stalling tactics deployed in this case should not be tolerated and residents should not be asked to
have this request hovering over our community for any longer.
This proposal is starting to cause undue hardship for our community.
We’re fighting for our community character and Residents cannot be asked to fight Vestar, their
disingenuous actions and their attorneys for much longer. It’s not a level playing field.
Families that already have busy lives and volunteers like yourselves shouldn’t be treated like this by
Vestar and their attorneys.
The October 1st VPC meeting is in the middle of our school vacation! We shouldn’t be asked to
come to meetings where nothing new is being discussed, nor should this committee.
My name is Wouter Roodenburg and live on 21507 N 39th Terrace in Phoenix and I’m a long time
resident of Fireside in Desert Ridge and I oppose the case.
Please add this email to your case file and reports
I appreciate your consideration.
Regards,
Wouter Roodenburg.
DefendDesertRidge (godaddysites.com) [defenddesertridge.godaddysites.com]
Appendix In reference of case GPA-DSTV-2-23-2 and Case GPA-DSTV-3-23-2 and Case Z-39-23-2
October 21st – Home Coming Pinnacle High school
Rollover Accident on Black Mountain Blvd and Mayo
Student Driver involved
October 31st – Morning traĸc Pinnacle High school
Accident on Black Mountain Blvd and Mayo
Student Driver involved
Morning Traĸc MAYO Blvd
Access Road are all blocked ǁith traĸc
Morning Traĸc – INTERSECTION Black Mountain Blvd and Mayo
Access Road are all blocked ǁith traĸc
Morning Traĸc – Kids walking to school, crossing wherever they feel like
Morning Traĸc – Deer Valley.
Frustrated drivers making dangerous manouvres to cut into waiƟng lanes
Morning Traĸc
Girl walking along side 34st without sidewalk
Morning Traĸc blocking the Deer Valley IntersecƟon
COMMUNITY SPIRIT
Fireside Halloween ParƟes
Connected community where neighbors know and help each other
A community that puts eīort into creaƟng a safe environment
Fireside Halloween ParƟes
Connected community where neighbors know and help each other
A community that puts eīort into creaƟng unforgeƩable memories for their children
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From:
Rob Schmitz
To:
Anthony M Grande
Subject:
Letter opposing case number GPA-DSTV-2-23-2 / GPA-DSTV-3-23-2 / Z-39-23-2
Date:
Thursday, September 19, 2024 4:52:37 PM
Attachments:
Desert View Village Planning Committee.docx
Hello Anthony,
Please find my letter attached in opposition to the above cases.
Thanks,
Rob Schmitz
Desert View Planning Committee,
My name is Rob Schmitz and I’m a resident of Fireside in Desert Ridge. I am a Fire Chief,
husband and most importantly a father. I have been in the Ʊre service for almost 2͏ years and have
a degree in Emergency Management. As a ƱreƱghter you are always learning and working to get
better at your trade, this includes training locally, statewide, and federally. This comes with many
experiences and a whole lot of connections and I have relationships with many law enforcement
oƯicers and even folks at the Arizona Counter Terrorism Information Center. I share all of this with
you to give credibility to my statements on this proposed Black Mountain Village development.
Having a development this close to a school will deƱnitely increase the potential for both
human and sex traƯicking, narcotic use and sales, and other unsafe conditions to the 2,4͏͏
plus
children that attend Pinnacle High School. The access for the bad folks that prey upon children will
increase in the large parking areas where children will deƱnitely congregate both for pick up and
drop oƯ, during school activities and children looking to hang out. We know there have been
incidents at the Desert Ridge Market Place and that is not right next to a school, this proposal is not
only right next to the school but has a proposed HAWX crossing to encourage the Ʋow of children
into this commercial area.
There will also be added traƯic which will increase the potential for accidents. Drivers are
very distracted today and unfortunately so are most pedestrians, have you seen all the people that
walk down the sidewalk and their heads are down looking at their phones? This is an added safety
concern for all the pedestrians in this area being right next to the school. Do we want to add any
additional risk to the 2,4͏͏
plus children that come and go on a regular basis? We have many before
and after school activities on top of all of the coming and going just getting to and from school, it is
a very busy area already and we don’t need a commercial development to add to that.
This committee voted this proposal down 9-1 less than one year ago, it was voted down for
the concern of safety for all of the kids today and all of the kids in the future. After this Vestar
stopped pursuing this and made minor changes, but none of them got to the core of the issue and
that is safety for our children. When Desert Ridge was originally planned this was not the vision,
let’s keep that vision and the vision the city of Phoenix still has today, no commercial development
on this land. Any commercial development next to a school is bad, especially a high school that has
so much foot traƯic. Please don’t take my next statement as a threat, but I’ve learned over my
career you unfortunately must be a bit dramatic to get a point across that resonates with folks. If
one child gets hurt, kidnapped, or even killed from the development of this land into commercial
property, it will be because of your approval on the plan and zoning change.
Thanks for your time,
Rob Schmitz
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From:
Susan Sheroff
To:
Anthony M Grande
Subject:
GPA-DSTV-2-23-2 GPA-DSTV-3-23-2 Z-39-23 Black Mountain Village
Date:
Thursday, September 19, 2024 6:17:34 PM
Dear Mr. Grande,
My name is Susan Sheroff, I live and own 21214 N 36th Pl, Phoenix, AZ 85050. I
oppose these applications that would ruin the quality of living in Desert Ridge.
Thank you.
Susan Sheroff
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From:
Laurie Smith
To:
Anthony M Grande
Cc:
Council District 2 PCC
Subject:
Letter of Opposition
Date:
Thursday, September 19, 2024 9:06:58 PM
Re: Case number GPA-DSTV-2-23-2, GPA-DSTV-3-23-2 and Z-39-23-2
Members of the Desert View Village Planning Committee:
I oppose this project and the rezone. Last fall I submitted letters of
opposition to the City. I also made a public comment at your October 3,
2023 meeting when you voted nearly unanimously to recommend denial.
I've carefully considered the minor revisions Vestar has recently made to
their plans and I urge you to once again recommend denial. The concerns
neighbors and many of you on the committee expressed last year are not
addressed by this revision.
My primary concern was and still is school and student safety. I wish to call
attention to threats to the security of the high school campus and students.
Schools have increasingly become targets of mass shootings. Child
predators prowl streets near schools. This is not hysterical conjecture; this
is a fact.
I have spent a lot of time on Paradise Valley Unified School District
campuses over the last 30 years as a parent and an employee. Campus
perimeters have been fortified, school offices remodeled, classroom locks
installed, and campus visitors restricted.
Currently, the open space surrounding Pinnacle makes it easy to spot a
potential bad actor just outside school gates. When the residential
neighborhood is developed, neighbors will be vigilant and likely to notice
people and vehicles that are suspicious. And, in fact, at schools throughout
the district and the city, police have been alerted by neighbors to stop and
even arrest suspects before a crime can be committed.
Commercial development will bring a great many more people who will
share sidewalks with students and many vehicles that will share the same
streets. It will be nearly impossible for neighbors to identify someone or
something that is out of place. Additionally, it will be more difficult for
school staff to monitor their own school driveways.
Prior to last year's meeting I asked City staff for an example of another high
school in such close proximity to a shopping center and was told that Sandra
Day O’Connor came to mind. But it is not at all comparable. Hackamore
Drive does run between the high school and the shopping center. However,
the two shopping center driveways are barricaded fire lanes with signs
posted that shopping center access is only on Happy Valley Road. There is
no shopping center traffic, vehicular or pedestrian, on Hackamore Drive.
Vestar freely admits that their plans are intentionally designed to connect
the school to the shopping center. The evidence is in the two driveways and
the crosswalk allowing direct ingress and egress to the shopping center from
Mayo Blvd.
Please do not set precedent by allowing this.
I also wish to note that I will be unable to attend the upcoming meeting on
October 1st as I will be out of town. Unfortunately that is the time of the
PVUSD Fall Break; I expect many other neighbors will be out of town, too.
Sincerely,
Laurie D. Smith
3749 E Covey Ln
Phoenix AZ. 85050
(Fireside Desert Ridge)
602-826-3181
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From:
Heidi Snyders
To:
Anthony M Grande
Subject:
Opposition of Vestar Proposal
Date:
Thursday, September 19, 2024 7:04:31 PM
Mr. Grande,
I hope this note finds you well.
My family and I strongly oppose the Vestar proposal regarding rezoning case GPA-DSTV-2-
23-2 and Case GPA-DSTV-3-23-2 and Case Z-39-23-2 at Desert Ridge (Deer Valley and
Black Canyon).
Our opposition is simply because the traffic it will draw will be a safely risk for families,
young drivers and student walkers in that area by the school. We already cannot get by during
peak times and a commercial/retail space will create more traffic that we do not want or need.
I am happy driving away from my community to existing businesses get my groceries and
believe the space is best used for single family homes as currently zoned. We hope you will
stop this development from moving forward.
I am unable to attend October 1st Village planning meeting at PV community center at
6:30pm and hope you can represent the strong opposition our community is expressing.
Kindly,
Heidi Snyders
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From:
Richard Starr
To:
Anthony M Grande; rlane@gblaw.com
Subject:
Re: Black Mtn Village Rezone // PHS turning movements MAJOR CHANGE
Date:
Thursday, September 19, 2024 10:35:03 AM
Attachments:
Outlook-emalwzlp.png
Hello,
I attended the developer's community meeting on 9/17. There are unresolved questions with traffic. I encourage the City to push for answers on the following:
Updated Traffic Impact Statement.
a. The new median on Mayo will cause changes to traffic patterns for both student traffic (no left-in into student parking lot from Mayo, no left out of student parking lot from Mayo) and bus traffic (re-route from current path - North on Black Mountain Parkway, Left on
Deer Valley, Left on 34th Street (without aid of traffic signal), Left on Mayo Blvd into bus loading area). Black Mountain Pkwy congestion will increase after the developer adds new Mayo median.
b. Developer says it will entitle drive-thrus later. The TIS should include multiple drive-thru's in original analysis.
From: Richard Starr <rtstarraz@hotmail.com>
Sent: Monday, September 9, 2024 1:39 PM
To: Anthony M Grande <anthony.grande@phoenix.gov>; rlane@gblaw.com <rlane@gblaw.com>
Subject: Black Mtn Village Rezone // PHS turning movements MAJOR CHANGE
The proposed retail center site plan (revised) NOW includes a NEW MEDIAN on Mayo. This median will BLOCK a vital left hand turning movement from Mayo into the PHS parking lot. This will result in many U-turns or push nearly all PHS traffic onto Black Mountain Pkwy single
entrance. The prior site plan did NOT include a median on Mayo.
Pinnacle High School's (2,550+ students) operations should not affected by the new retail center. Vestar's revised site plan does not meet the needs of PHS traffic. The aerial picture on G&B website cuts off the school parking lot entrances. With this major change to PHS turning
movements, the aerial should be updated accordingly.
Additionally, AZ State Land and PVUSD need to work on a parking solution for PHS before the land auction to any developer. Special events overflow onto State Land property (100+ cars park in desert). There will be major conflicts in future when PHS and retail center are fighting
over parking.
Richard "R.T." Starr
rtstarraz@hotmail.com
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From:
James Tuffin
To:
Anthony M Grande
Subject:
RE: FW: GPA-DSTV-2-23-2/GPA-DSTV-3-23-2/Z-39-23-2 BLACK MOUNTAIN VILLAGE
Date:
Thursday, September 19, 2024 11:36:15 AM
From: James Tuffin
Sent: Thursday, September 19, 2024 11:34 AM
To: Anthony M Grande <anthony.grande@phoenix.gov>
Subject: FW: GPA-DSTV-2-23-2/GPA-DSTV-3-23-2/Z-39-23-2 BLACK MOUNTAIN VILLAGE
Dear Mr. Grande:
My names is James W. Tuffin. I reside in a home I own at 21214 N 36th Pl, Phoenix AZ
85050. I write to reiterate my opposition to the “Black Mountain Village” project. I
incorporate by reference all of my previous communications on this issue.
Although the Desert Ridge Specific Plan (“DRSP”) has been amended 22 times over the
years, never before has a family that purchased a single- family home away from the
designated Village Center been told that drive- through “quick serve” food operations will be
built across the street from their home on land that DRSP specified for residential use.
The essential justification for the proposed amendment is the alleged need for additional
grocery space in the area. Even if there was any merit to that contention (and I submit
there is none), it does not justify putting drive- through “quick serve” operations across the
street from people who were told that the land was residential when they bought their
homes.
Far from doing anything to address community concerns about drive-through operations in
a residential area, Vestar doubles down, saying it will not accept any limitations on drive-
through operations, in terms of types or operating hours, unless they are imposed by the
City of Phoenix.
The prior site plans proffered by Vestar clearly showed drive-through operations, and
Vestar openly admitted that they were contemplated. In its latest iteration, the site plan
makes the drive-through nature of the retail “shops” less obvious. Nevertheless, at a
meeting conducted at the Fireside community clubhouse on September 17, 2024, Vestar’s
Executive Vice President for Development, Jeffrey M Axtel, and Vestar’s attorney, Ashely
Z. Marsh, Esq., of Gammage and Burnham, said that Vestar will install any drive-through
that the City of Phoenix may allow. I approached Mr. Axtel at the end of the meeting and
asked him what the proposed hours of operation were. He told me that he did not know
what the hours of operations were, and that it was up to the City of Phoenix. Vestar seems
to contend that the requirement of a Use Permit for the drive-throughs is somehow a
concession to community concerns on its part. This is disingenuous, since the same permit
requirements existed when they were more open about the drive-through plans.
Prior to the Fireside meeting, and after receiving the most recent revised site plan, I asked
Vestar executive Ryan Ash if drive-through operations were contemplated. He responded
that “we have not engaged in conversations with any shop or pad tenants at this time. As
such, we don’t currently have any expected users” (email of Ryan Ash to James Tuffin,
8/28/2024). In my opinion, this assertion is not credible.
The Desert Ridge Specific Plan provides as follows:
The urban village concept has been accepted in Phoenix as a desired land use
pattern. It follows that this concept should be extended to guide land use planning
and development in Areas C and D. Desert Ridge is based on the urban village
concept in that all community and regional commercial uses are located in the
Desert Ridge Village Center. Very small neighborhood convenience commercial
uses are appropriately placed internally within neighborhood units. The Desert
Ridge Village Center is appropriately the "urban" core of Area C. Land uses are the
most intense in and around the Village Center in Desert Ridge, logically reducing in
density with increasing distance from the commercial/employment center and
continuing beyond the project boundaries. (DRSP 3.B Goal 1)(emphasis supplied).
In furtherance of this concept, the regulatory portion of DRSP provides that drive-through
operations are specifically prohibited from any commercial conveniences that might be built
in residential areas (DRSP 6.C.3.B.2.d).
The amendment to the regulatory Chapter 6 of DRSP sought by Vestar is, on its face,
wholly inconsistent with the nonregulatory portion reproduced above. Nevertheless, Vestar
refuses to process an amendment of any nonregulatory portion of DRSP. The Zoning
Ordinance clearly requires amendment of the nonregulatory portion in this instance (Zoning
Ordinance Section 403.F.4). I invited Vestar’s counsel to address this deficiency and they
responded as follows:
The DRSP’s non-regulatory provisions is met by the combination of updating the
General Plan land use designation, updating the regulatory provisions of the DRSP,
and the subsequent submittal and review of the Master Plans for the land use area.
These three (3) elements implement the non-regulatory provisions by having public
hearings about the proposed change and a full public process along with the Master
Plan update to show the modifications within the subject Superblock of the DRSP
(email of Ashley Z. Marsh, Esq., to James Tuffin dated September 17, 2024).
The plain language of the Zoning Ordinance does not support this contention. Vestar is just
trying to avoid having to justify stark inconsistency between the requested amendment and
the non-regulatory portions of the plan.
The Zoning Ordinance requires that a ‘zoning case shall be heard on an agenda which is
separate from, and subsequent to, the agenda at which a related specific plan amendment
is heard” (Zoning Ordinance Section 403F.2.e). Assuming, for sake of argument, that the
City has the discretion to waive this requirement, I respectfully submit that it was an
improvident exercise of discretion in this case. The amendment to the regulatory chapter
offered by Vestar is blatantly inconsistent with the non-regulatory portions of DRSP.
This gross deviation from the Specific Plan, to the detriment of homeowning families, is
unprecedented. Of the 22 amendments made to date, few involved any change from
residential to commercial use. Those that might have involved a change from residential to
commercial predated most if not all of the single family construction in the area, and none
of them were anything like the current proposal. S-23543 (May 8, 1996) dealt Superblocks
3 and 6; G-4497 (Feb. 3, 2003) provided for certain institutional uses in Superblock 9; G-
4513 (May 21, 2003) provided for residential office use in neighborhood commercial
conveniences; G-4608 (May 19, 2004) was a minor amendment to accommodate the Boys
and Girls Club); G-4654 (Nov. 3, 2004) involved commerce park uses within Superblock 5).
At the Fireside meeting, Mr. Axtel began by saying that the Black Mountain Village project
was the result of a request made by the State Land Department (SLD) to Vestar. He said
SLD was seeking to add grocery space to accommodate anticipated residential
construction outside of Desert Ridge, north of Pinnacle Peak Road. When asked why the
project was not being placed closer to the intended beneficiaries, he said that grocers were
reluctant to commit to stores where surrounding housing was not yet built. When
questioned about the inconsistency between this information and Vestar’s assertions that
the project is only intended as a local convenience for nearby homes, Vestar’s
representatives were unable to provide a coherent response.
Vestar’s applications must be rejected. Any failure by SLD to meet its own planning
obligation for the land sales in the area north of Desert Ridge can be remedied without
punishing innocent homebuyers in Desert Ridge. Far from meeting any immediate need for
groceries in the area, Vestar is clearly using this as a pretext to cash in drive-through
operations at the last traffic signal before the northern terminus of the SR 51 freeway.
Please include this in the case record.
Sincerely,
James W. Tuffin
21214 N 36th Pl
Phoenix, AZ 85050
516.359.6420
james.tuffin@tuffinlaw.com
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From:
Sean Yu
To:
Anthony M Grande
Subject:
Rezoning proposal case - OPPOSITION
Date:
Thursday, September 19, 2024 10:37:54 AM
Hello Anthony,
Hope this email finds you well!
I am a resident in the dessert ridge neighborhood and I would like to express my opposition to
the Rezoning proposal case GPA-DSTV-2-23-2 and Case GPA-DSTV-3-23-2 and Case Z-
39-23-2.
I strongly believe that it's not a good idea to rezone that area for commercial purposes.
Looking at the presented plans, and even with the planned lane increases and separate
sidewalks, it's very clear that traffic is going to be a huge issue in the surrounding area.
Currently all residents are driving away from Pinnacle High School to do their grocery
shopping. If there is a supermarket right next to the high school, not only are the people who
live in the surrounding communities going to drive there, it's also going to draw people from
even further away.
Increasing traffic on all surrounding streets also means increasing the risk of accidents, highly
likely with HS students involved too during school hours, and definitely increasing pollution
and noise to the neighborhood. Not to mention people gathering and there will be a higher risk
of violent/police-involved incidents/crimes happening as we have seen multiple cases in
Desert Ridge Marketplace. I would like to keep everything as it is, with the area being zoned
for single family homes. Thank you for your consideration!
Best regards,
Yuh-Shang Yu
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From:
Susan Ze
To:
Anthony M Grande
Subject:
GPA-DSTV-2-23-2 and Case GPA-DSTV-3-23-2 and Case Z-39-23-2.
Date:
Thursday, September 19, 2024 4:07:49 PM
I am writing once more to register my opposition to the above rezoning proposals. As a
resident of the Copper View neighborhood of Desert Ridge Fireside, I live right next to the
proposed Desert Ridge Village Marketplace and envision many reasons why this commercial
development is not advisable, primarily among them the traffic and safety of our students who
attend the adjacent high school.
The amount of traffic in the early morning drop off and mid afternoon drop off make it
difficult to leave my neighborhood, especially if I need to use 51. As a retired educator who
taught many years in a high school, I know that in addition to being a traffic safety issue, the
proximity of a shopping center will also provide an unneeded distraction to the students, no
matter how many deterrents Vestar claims they will use to prevent the students from accessing
the marketplace.
Vestar also implies that the marketplace will add to the value of our homes, due to the
"walkability" factor of the neighborhood. Please! That "walkability" will factor in only from
October to perhaps April due to the ever increasing heat in Phoenix.
The marketplace will also attract traffic from AZ51 and AZ101 via AZ51, particularly if a
Trader Joe's, Sprouts, or Whole Foods is the anchor or if any of a number of drive through
coffee or fast food restaurants choose to locate there. As one woman remarked at the Fireside
presentation, the increased exhaust from cars and trucks will have a devastating effect on the
cognitive development of the children at the adjacent school and all those in the neighborhood.
For the above and many other reasons, my husband and I oppose the referenced cases and the
Deer Valley/Black Mountain/Mayo rezoning to commercial use,
Susan and Frederic Ze
3616 E Abraham Ln
Phoenix AZ 85050
480 665 6596
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From:
Rebecca Oakes
To:
Anthony M Grande
Subject:
Black Mountain Village – City of Phoenix Case Nos. GPA-DSTV-2-23-2, GPA-DSTV-3-23-2, and Z-39-23-2
Date:
Friday, September 20, 2024 9:37:22 AM
City of Phoenix Case Nos. GPA-DSTV-2-23-2, GPA-DSTV-3-23-2, and Z-39-23-2.
I again am writing to you to register my strong disapproval of proposed amendments (case
numbers listed above) to modify existing zoning from residential to commercial.
Our homes in Fireside at Desert Ridge were built under the Desert Ridge Specific Plan. The
plan promised clean, quiet, and safe neighborhoods where commercial activity in the
“residential superblocks” is strictly limited to minor “conveniences” of no more than 3 acres
and drive through operations are prohibited.
The land at Deer Valley and Black Mountain is designated residential under the plan. Vestar,
the developer of the Desert Ridge Marketplace, now wants to change this for their own
financial gain; if the Desert View Planning Committee and city of Phoenix vote for the change
of zoning, and approve the plan to put in a 20-acre shopping center (where we cannot and will
not know what types of retail businesses will be - no one involved in this project will commit
to various reasonable restrictions for its location - as per the meeting at Fireside Community
Center. This will cause great harm to my family and neighbors; this land needs to remain
zoned for single family home residential.
As I wrote to you last year, my family lives in the closest section of Fireside to Pinnacle HS, and
the proposed shopping center. We already suffer through the pedestrian and vehicle traffic
that invades the streets of our neighborhood when school is in session and for other events
held at the HS. Students and parents drive at unsafe speeds down 36th Street and Abraham
Dr. Additionally, at drop off and pick up times, cars are lined up and/or idling as drivers wait to
drop off or pick up their students, blocking our way in and out, causing us to "play chicken" to
maneuver down the narrowed streets. Some of these students walk through our desert
wash/neighborhood landscaping as a short cut to those cars dropping off/waiting to pick up.
This is also a neighborhood where many children walk to Fireside Elementary School, located a
short distance away. So not only is driving in, through and out of our neighborhood difficult
and would most likely become dangerous as traffic increases in an area not planned for such
commercial development, it is not safe for small children to safely walk to school. While
adding speed bumps would help the speeding of the drivers cutting through our
neighborhood, there still remains a larger issue.
In addition, it can be all but impossible to safely leave our neighborhood at these times - the
southern exit, on to Mayo Blvd. is right turn only and is very close to the Mayo/Black Mountain
Blvd intersection (specifically to get into the left lane to turn on SR 51). The northern exit on
to Deer Valley Rd. is hard to turn left onto during high traffic times.
To put it more clearly - leaving our neighborhood becomes even more difficult and dangerous
with increased vehicle traffic that comes with commercial development - especially trying to
go south onto Black Mountain Blvd AND west onto Deer Valley. We only have two VERY
flawed entrances/exits that in the best of times are tricky and not very convenient OR safe.
We essentially have to choose to limit leaving our neighborhood or taking the increased risk of
attempting to go south or west in less than safe traffic conditions. How does this benefit our
residential community?!? I predict that vehicle (and pedestrian) accidents will dramatically
increase if this shopping center is approved.
I have seen nothing in the "reworking" of this plan that adequately addresses the traffic
concerns I have laid out here.
Has the city of Phoenix specifically done a traffic study of this area, taking this commercial
development into account? How would the council plan to ameliorate the above stated
traffic issues? What about environmental studies looking at the increase noise, light and
exhaust pollution that will directly impact the surrounding residential neighborhoods?
There is nothing that can be commercially built and nothing beneficial from a retail standpoint
that makes this development worth if for my family and residential neighborhood. There are
plenty of retail options at Desert Ridge and other close shopping centers. The is also land near
by that has been zoned for retail/commercial - use those lands for this development. Keep
this parcel of land zoned as is, and open up bidding to home builders who would like to
purchase this state land.
Sincerely,
Rebecca J. Oakes
3608 E Salter Dr
Phoenix, 85050
SUPPORT
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From:
ROBERT J MAYO
To:
Anthony M Grande
Subject:
GPA-DSTV-2-23-2, GPA-DSTV-3-23-2,Z-39-23-2
Date:
Thursday, September 19, 2024 1:48:01 PM
Mr. Grande,
I am writing this in regard to above noted rezoning cases.
My family is COMPLETELY IN FAVOR OF THIS PROJECT.
As a 17-year resident of Fireside Desert Ridge, we look forward to having a
neighborhood retail center in the area. It has been long overdue. In my opinion this
project, instead of more residential will reduce traffic at the times that some of my
neighbors believe it will increase.
Thank you.
Sincerely,
Bob & Yvette Mayo
21622 N. 39th Pl
Phoenix, AZ 85050
(602)793-8249
Former Managing Partner Roy's Desert Ridge
Current Managing Partner Village Tavern Scottsdale
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From:
Dan Oseran
To:
Anthony M Grande
Subject:
Support for BMB/deer valley development
Date:
Wednesday, September 18, 2024 10:39:34 PM
Hi Anthony,
I support Vestar’s proposed new development south of Deer Valley and Black
mountain Blvd.
I know that you are probably being inundated with emails against the project, and I
think that’s due to a very organized and loud group of homeowners that border the
area and are against any sort of development on that property.
Vestar seems to have listened to criticism in the first round and made this lower
density and smaller stores to keep it more in line with the neighborhood and schools
immediately surrounding the area. I think a tasteful retail area can be beneficial to
property values.
Thank you,
Dan Oseran