Attachment C - Staff Report Addendum A - Z-49-19-8
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ADDENDUM A
Staff Report: Z-49-19-8
May 28, 2020
South Mountain Village Planning
Committee Meeting Dates:
May 12, 2020
June 9, 2020
Planning Commission Hearing Date:
June 4, 2020
Request From:
PSC (Planned Shopping Center
District) (14.16 acres)
Request To:
C-2 HGT/WVR DNS/WVR
(Intermediate Commercial, Height
Waiver, Density Waiver) (14.16 acres)
Proposed Use:
Multifamily Residential
Location:
Approximately 175 feet north of the
northwest corner of 19th Avenue and
Southern Avenue
Owner:
South Phoenix Renewal, LLC
Applicant:
Representative:
Phoenix Leased Housing Assoc. II,
LLLP
Gammage & Burnham, PLC / Susan
Demmitt
Staff Recommendation:
Approval, subject to stipulations
The South Mountain Village Planning Committee heard this rezoning request on May
12, 2020 and voted (13-0) to continue the case to the June 9, 2020 South Mountain
Village Planning Committee meeting, in agreement with the applicant.
As a result of the discussion at the May 12, 2020 Village Planning Committee meeting,
staff received an updated site plan, attached to this report, from the applicant which
incorporated a decrease in height to Building 7 and the western half of Building 8 from 3
stories and 40 feet to a maximum of 2 stories and 30 feet, consistent with the maximum
permitted building height in the R1-6 Single-Family Zoning District. In addition, Building
8 was re-oriented in order to allow for a larger setback from the western property line
which is closest to single-family homes and to have balconies face away from this area.
Other changes to the site plan include the addition of a pedestrian path that connects
the sidewalk along Southern Avenue with an open space area west of Building 5. Due
to these changes, the following stipulations are recommended to be modified:
•
Stipulation No. 1 regarding general conformance with the site plan;
Attachment C
Addendum A to the Staff Report Z-49-19-8
May 28, 2020
Page 2 of 7
• Stipulation No. 2 regarding the maximum allowed building height in feet and
number of stories;
• Stipulation No. 4 regarding the maximum allowed density of the proposed
development;
• Stipulation No. 5 regarding the minimum setback of buildings to the western
property line;
• Stipulation No. 11 regarding general site layout and amenities shown in the site
plan;
• Stipulation No. 11.h. regarding the location of a community garden area to the
west of Building 5 which incorporates a fenced dog area, garden, gathering
space or another active open space area accessible by pedestrians walking
along Southern Avenue;
• Stipulations No. 12.a. and 12.b. to update the reference to the site plan;
• Stipulation No. 12.f. regarding a direct connection from the sidewalk along
Southern Avenue to the open space area west of Building 5;
• Stipulation No. 16 to clarify the requirement of detached sidewalks along 19th
Avenue and Southern Avenue.
Leading up to and following the May 12, 2020 South Mountain Village Planning
Committee meeting, staff received additional correspondence from the public regarding
this case. This additional correspondence has been attached to this report.
Staff recommends approval per the modified stipulations, reflecting updates to the site
plan, provided below:
Stipulations
1.
The development shall be in general conformance with the site plan and elevations date
stamped MAY 26, 2020 April 22, 2020, except as described below and approved by the
Planning and Development Department.
2.
Building height shall be limited to three stories and 39 FEET 40 feet, EXCEPT FOR
BUILDING 7 AND THE WESTERN HALF OF BUILDING 8 WHICH SHALL HAVE A
MAXIMUM BUILDING HEIGHT OF 2 STORIES AND 30 FEET.
3.
Building elevations adjacent and oriented to public streets shall contain a minimum of 25
percent masonry, as approved by the Planning and Development Department.
4.
The development shall be limited to a MAXIMUM OF 300 DWELLING UNITS density of 23
dwelling units per gross acre.
5.
The development shall maintain a minimum building setback, exclusive of carports and
perimeter walls, of 90 FEET 70 feet from the western site boundary where adjacent to R1-6
zoning.
6.
All ground floor units adjacent to 19th Avenue or Southern Avenue shall have individual
porches or patios oriented to the nearest public street.
Addendum A to the Staff Report Z-49-19-8
May 28, 2020
Page 3 of 7
7.
The primary vehicular entrance to the development from Southern Avenue shall include the
following elements, as approved by the Planning and Development Department:
a. Pedestrian pathways connecting the interior of the development to the public
sidewalks along both sides of the vehicular driveway.
b. The pedestrian pathways shall be detached from the vehicular driveway and lined
with landscape areas on both sides of not less than 5 feet each. The landscape area
shall be planted with drought-tolerant plant materials providing seasonal interest and
75 percent live cover.
c. A median island of no less than 5 feet in width shall be accented by a minimum of
three date palms a minimum of 16 feet in height measured from finished grade to the
bottom of the crown, excluding fronds; and drought-tolerant, ornamental, flowering
shrubs to provide a minimum 75 percent live cover. Twenty five percent of the
required live cover may be ground cover plants.
d. The driveway surface shall be constructed of decorative pavers, stamped or colored
concrete, or another material, other than those used to pave the parking surfaces, as
approved by the Planning and Development Department.
8.
Perimeter walls located within 50 feet of the adjacent street right-of-way (non-alley), except
for the portion of the site adjacent to the future convenience store, shall be a minimum of 50
percent view fence.
9.
All perimeter walls shall include material and textural differences, such as stucco and/or
split face block with a decorative element, such as tile or stamped designs, as approved by
the Planning and Development Department.
10. A minimum of 10 percent of the gross site area shall be provided as open space.
11. The open space areas shall be developed in general conformance to the layout and
amenities shown in the site plan date stamped MAY 26, 2020 April 22, 2020 and to include
the following amenities at a minimum, as approved by the Planning and Development
Department:
a. Swimming pool and spa.
b. Two game areas of no less than 800 square feet in area and containing
outdoor games and turf.
c. One picnic area with two barbecue grills, a shade ramada and a picnic table.
d. Two tot lots of no less than 800 square feet in an area with a combined total
of five game amenities.
Addendum A to the Staff Report Z-49-19-8
May 28, 2020
Page 4 of 7
e. Turf field of no less than 4,000 square feet in area with a minimum of two
benches located in shaded areas.
f. Play area containing turf and a minimum of one game amenity or art feature
in addition to a minimum of two benches located in shaded areas.
g. Two benches in close proximity to the “parent waiting/receiving plaza” area
along the northeast portion of the property near the school site pedestrian
connection.
h. One active open space area LOCATED TO THE WEST OF BUILDING 5 of
no less than 2,000 SQUARE FEET 600 square feet in an area that includes
either a fenced dog turf amenity, fenced garden area, INCLUDING A
COMMUNITY GARDEN, COMMUNITY GATHERING SPACE or another
active open space amenity. THE ACTIVE OPEN SPACE AREA MAY BE
FENCED, BUT WILL BE ACCESSIBLE TO PEDESTRIANS ALONG
SOUTHERN AVENUE VIA A PEDESTRIAN WALKWAY.
12. The developer shall provide a system of pedestrian thoroughfares as described below and
as approved or modified by the Planning and Development Department:
a. The developer shall provide two separate pedestrian paths shaded to a
minimum of 75 percent, connecting the sidewalk along 19th Avenue at two
distinct points with the closest common entrance in Buildings 5 and 8 per the
site plan date stamped MAY 26, 2020 April 22, 2020. The pedestrian paths
shall be routed within close proximity to the central amenity area and should
avoid overlap as much as possible with other shaded pedestrian paths.
b. The developer shall provide two separate pedestrian paths shaded to a
minimum of 75 percent, connecting the sidewalk along Southern Avenue at
two distinct points with the closest common entrance in Buildings 9 and 12
per the site plan date stamped MAY 26, 2020 April 22, 2020. The pedestrian
paths shall be routed within close proximity to the central amenity area and
should avoid overlap as much as possible with other shaded pedestrian
paths.
c. The pedestrian paths shall be illuminated by pedestrian scale lighting per
Section 1304(H)5.
d. Vehicular crossings shall be kept to a minimum. Where crossings exist, the
pedestrian pathway shall be constructed of decorative pavement that visually
contrasts with parking and drive aisle surfaces.
e. Connections shall be/between:
(1) All residential buildings.
(2) All amenity buildings and facilities.
Addendum A to the Staff Report Z-49-19-8
May 28, 2020
Page 5 of 7
(3) The bus stop on Southern Avenue by the most direct route
possible.
(4) The sidewalk along 19th Avenue and the northwest corner of
the site.
(5) The sidewalk along Southern Avenue at the southwest corner of
the site.
(6) The planned convenience store via an access controlled
pedestrian gate.
f. Direct connection to the sidewalk along Southern Avenue between Buildings
4 and 5, A DIRECT CONNECTION TO THE SIDEWALK ALONG
SOUTHERN AVENUE FROM THE OPEN SPACE AREA WEST OF
BUILDING 5, in addition to a direct connection to the sidewalk along 19th
Avenue between Buildings 13 and 14 per the site plan date stamped MAY 26,
2020 April 22, 2020.
13. The required landscape setback areas along 19th Avenue, Southern Avenue, and the alley
along the west property line shall be planted 20 feet on center, or in equivalent groupings,
with shade trees including 40 percent 2-inch caliper, 40 percent 3-inch caliper, and 20
percent 4-inch caliper sizes, as approved by the Planning and Development Department.
14. A minimum of one bench in each perimeter landscape setback along 19th Avenue and
Southern Avenue, accessible by pedestrians along the street side detached sidewalks shall
be provided. The bench along Southern Avenue shall be located within proximity to the bus
stop pad, as approved by the Planning and Development Department. The bench located
along 19th Avenue shall be located within close proximity to the pedestrian walkway that
connects the development to the school site to the north, as approved by the Planning and
Development Department. The developer shall locate trees in close proximity to each of the
benches to shade each bench to a minimum of 75 percent, as approved the Planning and
Development Department.
15. The developer shall locate trees in close proximity to the bus stop along Southern Avenue
to shade the bus stop area to a minimum of 75 percent, as approved by the Planning and
Development Department.
16. All sidewalks ALONG 19TH AVENUE AND SOUTHERN AVENUE shall be detached with a
minimum five-foot wide landscape strip located between the sidewalk and back of curb and
planted to the following standards, as approved by the Planning and Development
Department. Where utility conflicts exist, the developer shall work with the Planning and
Development Department on alternative design solutions consistent with a pedestrian
environment.
a. Minimum 3-inch caliper large canopy, single-trunk, shade trees placed a
minimum of 25 feet on center or equivalent groupings to provide shade to a
minimum 75 percent.
Addendum A to the Staff Report Z-49-19-8
May 28, 2020
Page 6 of 7
b. Drought tolerant vegetation designed to grow to a maximum mature height of
24 inches and achieve 75 percent live coverage.
17. The developer shall incorporate bicycle infrastructure as described below and as approved
by the Planning and Development Department.
a. Resident bicycle parking shall be provided at a rate of 0.25 spaces per
dwelling unit, up to a maximum of 50 spaces. These spaces may be provided
through a combination of “Secure/Covered Facilities” and “Outdoor/Covered
Facilities” as defined in Appendix K of the Comprehensive Bicycle Master
Plan. “Outdoor/Covered Facilities” shall comprise no more than 60 percent of
required resident bicycle parking.
b. Guest bicycle parking shall be provided through the provision of a minimum of
four inverted U-bicycle racks, artistic style racks or “Outdoor/Covered
Facilities” for guests located near building entrance of each residential
building. All racks shall adhere to Appendix K of the Comprehensive Bicycle
Master Plan.
c. A bicycle repair station (“fix it station”) shall be provided within close proximity
to each of the two vehicular entryways into the multifamily development. Each
bicycle repair station (“fix it station”) shall be provided in an area of high
visibility and separated from vehicular maneuvering areas. The repair station
shall include: standard repair tools affixed to the station; a tire gauge and
pump affixed to the base of the station or the ground; and a bicycle repair
stand which allows pedals and wheels to spin freely while making
adjustments to the bike.
18. The developer shall provide traffic calming measures at all vehicular points of ingress /
egress to slow vehicles departing the development and crossing the public sidewalks, as
approved by the Planning and Development Department.
19. The developer shall construct all streets within and adjacent to the development with
paving, curb, gutter sidewalk, curb ramps, streetlights, median islands, landscaping and
other incidentals, as per plans approved by the Planning and Development Department. All
improvements shall comply with all ADA accessibility standards.
20. The developer shall record a Notice of Prospective Purchasers of Proximity to Airport in
order to disclose the existence and operational characteristics of Phoenix Sky Harbor
International Airport (PHX) to future owners or tenants of the property.
21. The developer shall provide documentation to the City prior to construction permit approval
that Form 7460-1 has been filed for the development and that the development received a
“No Hazard Determination” from the FAA. If temporary equipment used during construction
exceeds the height of the permanent structure a separate Form 7460-1 shall be submitted to
the FAA and a “No Hazard Determination” obtained prior to the construction start date.
Addendum A to the Staff Report Z-49-19-8
May 28, 2020
Page 7 of 7
22. The developer shall retain the bus stop right-of-way and bus pad along westbound
Southern Avenue west of 19th Avenue. The bus stop pad shall be compliant with City of
Phoenix Standard Detail P1262 with a minimum depth of 10 feet. Bus stop pad shall be
spaced from the intersection of 20th Avenue and Southern Avenue as per City of Phoenix
Standard Detail P1258. The preceding shall be as approved by the Planning and
Development Department.
23. If determined necessary by the Phoenix Archaeology Office, the applicant shall conduct
Phase I data testing and submit an archaeological survey report of the development area
for review and approval by the City Archaeologist prior to clearing and grubbing, landscape
salvage, and/or grading approval.
24. If Phase I data testing is required, and if, upon review of the results from Phase I data
testing, the City Archaeologist, in consultation with a qualified archeologist, determines
such data recovery excavations are necessary, the applicant shall conduct Phase II
archaeological data recovery excavations.
25. In the event archaeological materials are encountered during construction, the developer
shall immediately cease all ground-disturbing activities within a 33-foot radius of the
discovery, notify the City Archaeologist, and allow time for the Archaeology Office to
properly assess the materials.
Exhibits
Conceptual Site Plan date stamped May 26, 2020
Public comments/correspondence (60 pages)
0'
25'
50'
100'
SCALE: 1"=50'
RATIO
NET SITE AREA:
+/- 12.72 AC
12.0%
100.0%
EXISTING ZONING
PSC
PROPOSED ZONING
C-2 W/ HEIGHT AND DENSITY WAIVERS
SITE DATA
ALONG SOUTHERN AVE
PERIMETER SETBACK STANDARDS
NORTH PROPERTY LINE
CARPORTS - 15' MIN. PROVIDED
RES. BLDGS - 20' MIN. PROVIDED
UNIT TYPE
#DU
P.S. REQ.
2BR/2BA
114
TOTAL
PARKING REQUIRED
36
1BR/1BA
171
525
54
P.S. RATIO
UNRESERVED PARKING PROVIDED
249
BUILDING HEIGHT MAX. 2 STORIES (*4 STORIES) 30' FOR FIRST 150'
*1' IN 5' INCREASE TO 48' (4 STORY MAX.)
ADJACENT TO PROPERTY LINE
15' MIN. REQUIRED
DENSITY ALLOWED
15.23 DU/AC
1.5 P.S./DU
1.5 P.S./DU
UNIT TYPE
#DU
2BR/2BA
TOTAL
1BR/1BA
A1
B1
APARTMENTS - UNIT MIX DATA
3BR/2BA
150
300
2.0 P.S./DU
ASSESSOR'S PARCEL NO.
105-66-036B
20' MIN. REQUIRED
22' MIN. PROVIDED
38.0%
50.0%
3BR/2BA
C1
300
114
300
36
150
GROSS SITE AREA:
+/- 14.16 AC
DENSITY PROPOSED
+/- 21.18 DU/AC
DOMINIUM
PROPOSED DEVELOPER/SPONSER:
11001 W. 120th AVENUE #400
BROOMFIELD, CO. 80021
CONTACT - RUSS CONDAS
(763) 354-5637
TODD & ASSOCIATES, INC.
DESIGN PROFESSIONAL:
4019 NORTH 44th STREET
PHOENIX, AZ. 85018
CONTACT - BRENT FIKE
(602) 952-8280
COMMUNITY / LEASING & FITNESS BUILDINGS
APARTMENT BUILDINGS (13 BUILDINGS)
MAINTENANCE BUILDING
± 450 S.F.
± 7,623 S.F.
BUILDING AREAS (GROSS)
± 365,355 S.F.
TOTAL BUILDING
± 421,164 S.F.
CARPORTS (304 SPACES)
± 47,736 S.F.
X
PARKING -CARPORT (1.0 COVERED P.S. / D.U.)
300
UNIT TYPE
#DU
3BR
150
TOTAL
UNRESERVED PARKING REQUIRED
150
1BR & 2 BR
150
225
75
O.5 P.S./DU
1.0 P.S./DU
300
P.S. REQ.
P.S. RATIO
15' WITHIN 10' & 1' INCREASE IN HGHT. FOR EA. 1' OF SETBACK ]
[MAX. ALLOWED ADJACENT TO R1-6 DISTRICT:
20' MIN. REQUIRED
25' MIN. PROVIDED
COMMON AREA STANDARDS
COMMON AREAS REQUIRED
5% [+/-0.7 AC]
COMMON AREAS PROVIDED
14.3%
PROPOSED DEV. OPTION
R3-PRD
ALONG 19TH AVE
WEST PROPERTY LINE
CARPORTS - 15' MIN. PROVIDED
RES. BLDGS - 40' MIN. PROVIDED
LOT COVERAGE:
ALLOWED- 45%
PROVIDED- 25%
PROPOSED MAX. BUILDING HEIGHT
[+/- 2.0 AC]
PHOENIX LEASED HOUSING
ASSOCIATES II, LLLP
PROPOSED OWNER:
PRE-APPLICATION MEETING
QUARTER SECTION NO.
ZONING MAP
VARIANCE NO.
DSD KIVA NO. / PAPP NO.
MDEV / SDEV NO.
-----
-----
-----
-----
-----
-----
TOTAL PARKING PROVIDED - (1.83 P.S./D.U.)
549
PARAPET TOP 38'-6"
THREE STORY:
PARAPET TOP 30'-0"
TWO STORY (BLDG. #7 & WESTERN PORTION #8):
May 26, 2020
05-26-20
COMMUNITY
OPEN
SPACE
From:
Al Fletcher
To:
Enrique A Bojorquez-Gaxiola; sdemmit@gblaw.com
Subject:
Case No. Z-49-19-8
Date:
Monday, May 11, 2020 10:20:08 AM
Disagree/Opposed to the current Dominium Development & Acquisition Plan issued for 19th
Ave and Southern. This would jeopardize my views of south mountain. We'd prefer businesses
vs residential lodging.
Thank you in advance for your help.
Please contact me with any questions.
Al Fletcher
602-292-2560
From:
A N
To:
Enrique A Bojorquez-Gaxiola
Subject:
Audria Nunley, More Questions to be added for item 7, case number Z-49-19-8 for the May 12" 2020 Virtual
Video
Date:
Friday, May 8, 2020 5:01:00 PM
Hello,
The question is:
1.Why do you want to build apartments at 19th ave and Southern Avenue?
2. Is there any apartments you have built in state of Arizona? If so, please provide date was
built, name, address, city and State.
Thank you,
Audria
From:
A N
To:
Enrique A Bojorquez-Gaxiola
Subject:
Re: Questions for May 12, 2020, Case No: Z-49-19-8
Date:
Friday, May 8, 2020 11:27:56 AM
Hello,
I would like to make a correction on my question 1B. I would like to know who's
responsibility to keep monitor of family and friends that will potentially move into the Leasee
apartment without management knowledge?
Thank you
On Fri, May 8, 2020, 3:56 AM A N <maricopaaln@gmail.com> wrote:
Mr Bojorquez,
My item number for the virtual video, is 7. I forgot you add it with my list of questions.
Thank you for updating my information.
Audria
On Thu, May 7, 2020, 9:06 PM A N <maricopaaln@gmail.com> wrote:
Good Evening Mr Bojorquez,
Here's my following questions:
1. We donot need a height variance approved for a three story structure. (This would
intrude on some resident's privacy, would increase traffic and potentially crime increase);
I want the Developers to explain why the height increase?
Who will control other individuals who will me in with the family or friends are are not on
the lease.
2. Development does not have adequate parking (Each unit would have space for 1.75
cars);
Developers please explain why there is so many units being build and not adequate
parking space per unit?
3. Cars can only Turn Right and go West on Southern ( To go east, they will have to cut
through our neighborhood). The already heavy traffic on Southern Ave (East, West, North
and South); Dangerous problem, it will add to more accidents on Southern Avenue, 23rd
Avenue, Hidalgo Ave, Bowker and to Roser Road.
Developers I would like to know why build 314 apartment units which is a large complex
on such smaller acreage of land that will only allow tenants to exit one way?
4.There is no guarantee they will keep up the maintenance of the property. ( look at the
properties West of this project).
Thank you for your time.
Audria Nunley
Community Member
From:
A N
To:
Enrique A Bojorquez-Gaxiola
Cc:
PDD South Mountain VPC; Council District 8 PCC; Adriana Garcia Maximiliano; Samantha Keating
Subject:
Case Number: Z-49-19-8
Date:
Monday, May 18, 2020 5:45:08 PM
To: City of Phoenix Planning and
Development Department
South Mountain Village Planning Committee
RE: Case Number: Z-49-19-8
I want to thank South Mountain Village Committee for giving me the opportunity to be part of
the meeting on May 12, 2020, regarding the application of Dominiun Development concerning
rezoning to build Low Income Apartments on 19th Avenue and Southern.
This letter is response to concerns realized after the meeting. I am still in OPPOSITION to the
building of a 312 unit 3 story Low Income Apartment complex at the Northwest corner of 19th
Avenue and Southern by Dominium Development. This property defined as an affordable
multi family residential community is not welcome addition to this already sixty years old
established single family home Community.
I had the opportunity to drive around Distict 8 community from 48thst and Broadway; Roeser
Road; Southern and Baseline; to 27th Avenue and Broadway Roeser Road; Southern and
Baseline. My observation and discovery that there are several Apartment buildings in the area
and the ones that are is occupied on much smaller lot than what Dominium Development is
proposing at 19th Avenue and Southern. The apartments that has been previously built blends
in the surrounding neighborhoods and not imposing nor obstructing the single family homes.
It is very apparent from the information shared in the meeting that the Developer is running
out of time to purchase the property from Mrs London; he was very frustrated and also
complaining about The South Mountain Village Planning Committee cancelled the meeting in
April 2020; the Developer is more CONCERN ABOUT THE PROFITS TO BE LOST IF
THE DEAL IS NOT COMPLETED SOON IN PURCHASING THE LAND AND THE
REZONING APPLICATION.
Also, it is apparent that there is little FLEXIBILITY for Dominium making the project more
conducive to fitting into our Community by making the buildings one or two story. "HE
SAID, IT DOESN'T MEET THEIR PROFITABILITY MODEL"! "PROFIT OVER
COMMUNITY"!!!!!!!!!!!!!!
I do not believe that Dominium has made a TRUE and SINCERE efforts to interact with the
residents, community organizations and surrounding businesses and truly have not act upon
the issues the residents with the project.
The idea of making one building two stories tall out of the other 10 to 12 units is ridiculous.
When you take into account the sheer size of the project it just does not mesh with this
Community. This neighborhood and the surrounding neighborhoods are single family homes.
We like the feel of the openness of our Community. There have got to be better options for
this use of this property that would be more ideally
fit the nature of this area. Nothing in this area from Central Avenue on the East to 35th
Avenue on the Wesrt, Baseline Road on the South and Broadway Road on the North, reflect
this type of proposed property at all.
There is ten (15) secondary elementary schools and high schools in the surrounding areas.
There is Basis primary School they also is in process of building there 4th grade to high
school completing 2020; which will be East of tthe proposed aparment project. There is
thousand of Student in this area walking from school to bus stop and home; it will be very
dangerous and unsafe to build 3 story aparment complex next door to Basis school and the
other schools in the surrounding area.
I understand growth and development are in this town future, but it must not come at the
SACRIFICE of our neighborhoods, our quality of and safety of our families and children.
One of the aspects of preserving the "Charavter of Our Community" has to be look at the
"Characte" OF THE PEOPLE WHO ARE INTERESTED IN BUILDING IN OUR
COMMUNITIES!
When Dominium first meet with the community in September 2019; February 2020 We all
from the community informed the developers we all are OPPOSING this project. Our
community meeting in February 2020 Representative Carlos Garcia informed the community
that Dominium contacted him to inform him we the community was on board..." WE AS THE
COMMUNITY STAED THAT DOMINIUM LIED TO YOU MR GARCIA AND WE ALSO
TOLD DOMINIUM THEY WE LIARS THEY WERE AT THE MEETING AS WELL.
DOMINIUM IS A LIAR. On May 12, 2020 Virtual Video he lied again saying the
Community was on board. The dishonesty is one example of why Dominium Characteristics Is
Not Appropriate for our Neighborhood. Later in this letter I will give more items of concern of
"Dominium Characteristics.
Although Dominium prides itself on managing it's own properties and claims through the
years Dominium have never lost sight of it's committment to people"; the actual tenants who
live in Dominium properties attracted by the lower rents tell very different story. Their horror
stories? as documented online in their own words on Yelp, Apartmentrating.com and BBB
Better Business Bureau reveal shoddy buildings, broken cabinets, roaches infestation,
maintenance practices, lack of air conditions service, green swimming pool and more. These
sub standard living conditions are compounded by neglect and even mistreatment by
Dominium Development, Corporate and Management who disdain and ignore tenants
complaints and may also engage in financial fraud as revenge.
These shocking first-person accounts from tenants ate not few and far between; rather they
form a disturbing pattern of unconscionable mistreatment towards tenants living in these
affordable housing development from the early 2000's all they way to 2019 and 2020.
Please see name of apartments with tenant reviews below:
https://www.apartmentratings.com/az/green-valley/sahuarita-mission-
apartments_520399234586614/review-112034067/ [apartmentratings.com]
https://yelp.to/qTKg/PvtSyPAfl6 [yelp.to]
https://g.co/kgs/EmAioH [g.co]
https://www.yelp.com/biz/hrid-P7tsNMwSAESaBNValQrpxgtutm_source=ashare&ref=Yelp-
android [yelp.com]
https://g.co/kgs/kL2wZK [g.co]
https://g.co/kgs/WTJyBf [g.co]
https://g.co/kgs/dSCddZ [g.co]
https://g.co/kgs/ [g.co]
S9cLZD [g.co]
https://g.co/kgs/ZU1aks [g.co]
https://g.co/kgs/nZHtxb [g.co]
https://g.co/kgs/KgjvMm [g.co]
https://g.co/kgs/haP71w [g.co]
https://g.co/kgs/TLyqPL [g.co]
https://g.co/kgs/q5iCBu [g.co]
https://g.co/kgs/WmR14Z [g.co]
https://g.co/kgs/3qr2QV [g.co]
https://g.co/kgs/SMJBqi [g.co]
https://g.co/dnCgZZ [g.co]
https://g.co/Xx1QKW [g.co]
https://g.co/Lpxyry [g.co]
IT'S SO MANY MORE!!!
"WHO IS DOMINIUM"?
"DOMINIUM "CHARACTERISTICS IS NOT APPROPRIATE FOR OUR
NEIGHBORHOOD. I HAVE SOME CONCERNS:
● Dricrimination Practices
● Civil Rights Practices
● Disabilities Practices
● Rent Hike Practices
● Tax Payer Practices
● US Attorney vs Dominium Lawsuit
● University Minnesota Case Study
●Employee Practices
● BBB Better Business Bureau
Please Visit the links below:
https://www.bbb.org/us/mn/plymouth/profile/prpperty-management/dominium-management-
services-074-22003635 [bbb.org]
https://www.justice.gov/archive/opa/pr/2002/April/02_crt_224 [justice.gov]
https://www.justice.gov/usao-mn/pr/brooklyn-park-landlord-and-property-management-
company-agree-pay-victim-vilating-fair [justice.gov]
http://www.citypages.com/news/dominium-shows-how-to-strike-it-rich-via-affordable-
housing-welfare/388553202 [citypages.com]
https://icrc.iowa.gov/document/hudson-v-dominium-management-services-llc [icrc.iowa.gov]
https://www.indeed.com/cmp/Dominium-Management-Services,-LLC-1/reviews?fcountry-
US&floc=Plymouth%2C+MN [indeed.com]
https://www.indeed.com/cmp/Dominium-Management-Services,-LLC-1/reviews?
ftopic=paybenefits [indeed.com]
https://www.indeed.com/cmp/Dominium-Management-Services,-LLC1/reviews [indeed.com]
https://www.indeed.com/cmp/Dominium-Apartments/reviews [indeed.com]
https://www.bbb.org/us/mn/plymouth/profile/property-management/dominium-management-
services-0704-2003635 [bbb.org]
"If some the the link are not working feel free to Google Dominium"
Some of the links above will give you an idea on "WHY DOMINIUM" CHARACTERISTICS
IS NOT APPROPRIATE FOR OUR NEIGHBORHOOD; AND ALSO THE CITY OF
PHOENIX COMMUNITY AT LARGE.
Additionally, other concerns that I would like to address on May 12, 2020 Virtual Video
Meeting the Developer stated:
● He stated that Community is for the project that's a LIE! Information Session in September
2019; Februry 2020 and May 12, 2020 all Coomunity members attended (40 plus); the
meeting in September dated we all were against the project.
●In February at our Community member meeting Dominium was part of the agenda and also
Representative Carlos Garcia; Mr Garcia informed us that the Developer contact him and
informed him we were all on board.
AGAIN ALL COMMUNITY MEMBERS TOLD MR GARCIA THE THE DEVELOPERS
ARE LYING. WHO WANTS A DEVELOPER TO COME INTO THERE COMMUNITY AS
A LIAR? NO ONE THEY CAN'T BE TRUSTED.
● The Developer stated we have 23 restaurants in area. That's a Lie! According to the Arizona
Commerce Authority we have 2 Resturants and 68 FOOD SWAMP. Obviously the Developer
definitely is not doing his homework.
● Crime in the area is the spoke with The City of Phoenix Police and he stated crime was no
crime. He did not provide proof, date, who he spoke to. Where is his documentation. Her say
doesn't mean anything.You have request a crime report from The City of Phoenix Code
Enforcement and it can take several weeks. I have requested that report
● Most of the neighborhood in the Lindo Park area hasn't spoken to the Developer; there were
fliers left on there doors.
● The major businesses in the area Walgreens, Circle K, Quick Korner, Quick Trip, Family
Dollar, Little Cesar and Follar General has not spoken with "Dominium" locally; Developer
dis not provide the information in writing it was all here say, I don't trust them, have lied too
many times.
I have spoken to Managers myself..I will provide letter of 1 of the business who is Opposing
this project.
Dominium Development and Management is more concerned with Profit over Community.
All of the various lawsuits, slumlord practices, civil rights violations, fair housing act
violations and the US Attorney lawsuits agains Dominium tells alot about there characters and
it's not one for this neighborhood.
South Mountain Village Planning Committee please don't allow Dominium to develop roof
tops inour neighborhood nor any other neighborhood that is in The City of Phoenix
Community jurisdiction they can't be TRUSTED they lie, cheat and steal from the
communities and tax payers. The OPPOSITION FOR THIS PROJECT STILL STANDS FOR
ME AND THE COMMUNITY OUR LETTERS THAT WAS EMAILED AND SENT
PROVE THAT.
Appreciate your time in listening to my concerned and opposition.
Sincerely,
Audria Nunley
2023 W. Hidalgo Ave. 85041
From:
A N
To:
Enrique A Bojorquez-Gaxiola
Cc:
PDD South Mountain VPC; Samantha Keating
Subject:
Application Case Number: Z-49-19-8 My Revised Letter
Date:
Tuesday, May 12, 2020 8:06:21 AM
To: City Phoenix Planning and Development/Zoning
South Mountain Community Village Planning Committee
RE: Case Number: Z-49-19-8
I am writing this letter in OPPOSITION to the proposal to build a 312 unit, three(3) stories
low income; section 8; income based affordable multifamily apartment complex located on the
NW corner of 19th Avenue and Southern.
I DISAGREE with this rezoning from a Planning Shopping Center/Commerical Retail District
to Residential Low Income, Section 8, Income Base Multiple family Apartments.
I been in this Community for 58 years; I also purchased a home and other family members as
well; My family has raised three (3); generations in this Community. By using our tax payers
dollars for a better quality of life for our Community future it will bring Economic
Development and Growth; JOBS! and Prosperity to our Neighborhood with Commerical
Retail.
On October 2019 a Informational Meeting was held with Dominium Development &
Aquisition Phoenix Leased Housing Associates II, LLLP and The representation Gammage &
Burham, PLC. The presentation was aggressive sales pitch telling our Community this is
what you need for your community.
All of the Community members that was present (total of 40 plus); WE ALL SAID NO WE
ARE OPPOSING the apartment complex we want the Property to Remain Commerical
Retai/Planned Shopping for JOBS that will bring Economic Development that is our main
priority for this Community.
Email was sent in March 2020 on behalf of the Community OPPOSING the Apartment
complex to: Carlos Garcia District 8 Reprensetative, South Mountain Village Planning
Committee and many others.
My concerns for this project are we donot need need a height variance approved for three (3)
story structure it will intrude on some resident's privacy in their backyards and views of South
Mountain Range/Reserve, Downtown Phoenix and the Mountains that are the Skyline of
Phoenix. The addition of this complex increase traffic, potentially crime increase to this
Community.and our property value will decrease.
The development does not have adequate parking (Each unit would only have space for 1.75
cars); Based on The City of Phoenix housing choice voucher program very low income limit
based on family size potentially congested of residents and vehicles.
Cars can only turn right and go West on Southern. (To go East they would have to cut through
our neighborhood by taking;(Hidalgo Avenue; 23rd Avenue, Vista Grande, Bowker and Roser
Road); increase traffic, increase of more accidents and death in the neighborhood.
There is no guarantee they will keep up the maintenance of the property
(Look at the properties West of this Project).
By reviewing The City of Phoenix general map there is other property's availablethat will not
obstruct neighbors views; will not have a privacy issues; able to enter and exit out of the
complex safely ( traffic not congested or cutting through neighborhood); accessible to 1-10, 1-
17 freeway; near Sky Harbor Airport; close to downtown and ASU. The following property's
located at 24th Street and Brodway SW corner, Salt River Project and South Central Avenue
Dobbins near the new rail system.
Dominium Development & Aquisition
("Dominium), CHARACTERISTICS IS NOT APPROPRIATE FOR OUR
NEIGHBORHOOD I HAVE SOME ITEMS OF CONCERNS:
1. Discriminations Practices
2. Civil Rights Practices
3. Maintenance Practices
4. Rent Hikes Practices
5. Employee Practices
6. Residents Income Practices
7. Landlord Practices
8. Tax Payers Practices
9. Community Practices
1O. Zoning Practices
11. Disabilities Practices
I am requesting the City of Phoenix Planning and Development and South Mountain Village
Planning Committee to REJECT the rezoning of Case Number: Z-49-19-8. "The Dominium"
Characteristics is not appropriate for our neighborhood. We understand growth and
development in this town future, BUT IT MUST NOT COME AT THE SACRIFICE OF OUR
NEIGHBORHOOD, OUR QUALITY OF LIFE AND SAFETY OF OUR FAMILIES AND
CHILDREN.
I appreciate your hearing my concerns and opposition.
Sincerely,
Audria Nunley
2023 W. Hidalgo Avenue
Phoenix, AZ 85041
From:
A N
To:
Enrique A Bojorquez-Gaxiola
Subject:
Questions for May 12, 2020, Case No: Z-49-19-8
Date:
Thursday, May 7, 2020 9:06:53 PM
Good Evening Mr Bojorquez,
Here's my following questions:
1. We donot need a height variance approved for a three story structure. (This would intrude
on some resident's privacy, would increase traffic and potentially crime increase);
I want the Developers to explain why the height increase?
Who will control other individuals who will me in with the family or friends are are not on the
lease.
2. Development does not have adequate parking (Each unit would have space for 1.75 cars);
Developers please explain why there is so many units being build and not adequate parking
space per unit?
3. Cars can only Turn Right and go West on Southern ( To go east, they will have to cut
through our neighborhood). The already heavy traffic on Southern Ave (East, West, North and
South); Dangerous problem, it will add to more accidents on Southern Avenue, 23rd Avenue,
Hidalgo Ave, Bowker and to Roser Road.
Developers I would like to know why build 314 apartment units which is a large complex on
such smaller acreage of land that will only allow tenants to exit one way?
4.There is no guarantee they will keep up the maintenance of the property. ( look at the
properties West of this project).
Thank you for your time.
Audria Nunley
Community Member
From:
Brooke Blaylark
To:
Enrique A Bojorquez-Gaxiola
Subject:
Opposition
Date:
Sunday, May 10, 2020 8:18:45 PM
To whom it may concern it has come to my attention that there is an intent to build an
apartment complex at 19th Avenue and Southern behind my neighborhood I believe it is in
reference to case number Z - 49 -19 - 8 submitted by the minium development and acquisition.
I am sending this letter to let you know that as a resident of the neighborhood at jacent to
this property I am opposed to this complex being built I have been expecting that there would
be commercial retail development that would bring economic prosperity to our community.
The addition of this complex would increase traffic and potentially have an increase in crime
to this community . Additionally it would intrude on some residents privacy in their backyards
and the views of the South Mountain range.
Thank you for hearing my concerns and opposition.
Brooke Blaylark
From:
Darlene Anaya
To:
Enrique A Bojorquez-Gaxiola
Date:
Friday, May 8, 2020 5:32:43 PM
Case No.Z-49-19-8 submitted by Dominium Development & Acquisition. Disagree/Opposed
As a resident it will block views of the mountains and intrude on the privacy of residents
backyards. Crime and increase traffic.
CC: sdemmitt@gblaw.com
From:
Erma Hawkins
To:
Enrique A Bojorquez-Gaxiola
Cc:
sdemmitt@gblaw.com
Subject:
Case no.Z-49-19-8 /opposed
Date:
Sunday, May 10, 2020 8:32:12 PM
To whom it may concern it has come to my attention that there is an intent to build an
apartment complex at 19th Avenue and Southern behind my neighborhood I believe it is in
reference to case number Z - 49 -19 - 8 submitted by the minium development and acquisition.
I am sending this letter to let you know that as a resident of the neighborhood at jacent to
this property I am opposed to this complex being built I have been expecting that there would
be commercial retail development that would bring economic prosperity to our community.
The addition of this complex would increase traffic and potentially have an increase in crime
to this community . Additionally it would intrude on some residents privacy in their backyards
and the views of the South Mountain range.
Thank you for hearing my concerns and opposition.
May 6, 2020
To:
City of Phoenix Planning and Development Dept.
Gammage & Burnham PLC
Phoenix Leased Housing Associates A.K.A Dominium
Re: Application Case No. Z-49-19-8
I am writing this letter in OPPOSITION to the proposal to build a 312 unit 3 story Apartment complex at
the Northwest corner of 19th Avenue and southern. This property defined as an affordable multifamily
residential community is not a welcome addition to this already established community.
I disagree with the application for rezoning from a Planned shopping center to Intermediate Commercial
district; with a height waiver to allow for 3 story building construction. I have heard the proposals
pitched from the law offices and from Dominium for this construction to b approved on two different
occasions. I along with many members of the community that is behind this location have and are
vehemently opposed to this project. The residents that live here and that have lived in these homes for
2 and three generations desire to see built what was promised to our parents; economic shopping and
local business to be built on this land.
Having been a resident of Phoenix 55 years, I am keenly aware of its growth and the necessity that
growth impresses for more affordable housing. However, this location is not the spot for that expansion.
From my observation a more prime and less obtrusive location for a residential facility as this would be
24th Street and Broadway road. There is easy access to I-10, I-17, downtown Phoenix, ASU and Phoenix
Sky Harbor airport. It would also provide easy access for entrances to the property form 24th street and
from Broadway road without impacting the nearby homes with traffic through the neighborhoods as will
occur with the property at 19th Avenue.
If due diligence is done, you will find that this proposed property has very little support from all the
neighborhoods within a one-mile radius. We know the traffic congestion and potential crime and loss of
privacy this complex will bring. We are prepared to mobilize the community and make our voices of
opposition loud and clear.
I request that the city reject the rezoning of this property and find ways to erect and infuse within the
community the need retail amenities requested.
Sincerely,
Fred Jones, III
2113 W Hidalgo Ave
Phoenix AZ. 85041
May 15, 2020
To:
City of Phoenix Planning and Development Dept.
South Mountain Village Planning Committee
Re: Application Case No. Z-49-19-8
Good morning,
I appreciate the opportunity given to me to be a part of the meeting on May 12th 2020, regarding the
application of Dominium to seek rezoning to build the project on this lot.
I took a ride around my community the other day to observe the buildings and apartments that are
located between Central to 35th avenue and Baseline to Broadway. I discovered that there are very few
Apartment buildings located in this area and the ones that are there take up much smaller foot prints
than what is proposed at 19th Avenue and Southern. The apartments that have been built blend in to the
surrounding neighborhoods and are not imposing to the feel of the single family homes.
When you consider the foot print Dominium is proposing it is completely out of line with what exists in
the in the neighborhoods in this corridor. It will be a massive structure that will dominate the skyline
and the local community, taking away from the tranquility of what we expect in this area. Maybe if they
considered more single level and two story accommodations it might be feasible. I had noticed that the
location approved on 16th Street and Baseline appeared to have made these kinds of adjustments. The
east side of the complex is primarily single level and the west side was two level housing. This afforded
to them not encroaching on the homes privacy and visibility that sit to the east of the property.
Dominium is not inclined to make such concessions because it does not meet with the profit model they
have drafted. The presenter said so himself when asked if they could reduce more of the buildings to a
two story configuration. That shows that actual interaction and thought into the concerns of the local
neighbors and neighborhood have not been considered. They only see a lot that can be exploited for the
profits they so desire. We have met with them in Sept 2019, Nov 2019, February 2020 and at all of these
meetings it has been made very clear to them that more than 30 residents at those meetings are
vehemently opposed to the construction. He said he had 2 letters or people in support of the project,
which pales in comparison to the opposition to this project.
When I sit on my back patio, I enjoy the view I have of the mountains; even the QT at night. The
observation of the moon as it rises over south mountain and illuminating the sky is still striking to me
even after 55 years of seeing it. I would lose that. I would lose the connection I feel to my community as
a whole.
When I have seen the research on Dominium I am not impressed with the negative reviews of the
property and management that are listed. The lawsuits that have been filed over discriminatory
practices and violations of city and civil codes. That is not the type of neighbor I want or expect in my
neighborhood and community.
I am sharing some links with you so you may get the idea of what Dominium brings to the table as a
prospective owner and land lord.
http://www.citypages.com/news/dominium-shows-how-to-strike-it-rich-via-affordable-housing-
welfare/388553202
https://www.bbb.org/us/mn/plymouth/profile/property-management/dominium-management-
services-0704-22003635/complaints
https://www.mprnews.org/story/2018/08/23/complaints-rent-going-up-mid-lease-underscore-issue-of-
what-is-affordable-housing
https://www.google.com/maps/reviews/@33.4482997,-
112.2546082,17z/data=!3m1!4b1!4m5!14m4!1m3!1m2!1s110204555013866757517!2s0x0:0x7dc9b485
9e671b03?hl=en-US
https://www.google.com/maps/reviews/@33.4482997,-
112.2546082,17z/data=!3m1!4b1!4m5!14m4!1m3!1m2!1s109302031125420270817!2s0x0:0x7dc9b485
9e671b03?hl=en-US
https://www.google.com/maps/reviews/@33.4482997,-
112.2546082,17z/data=!3m1!4b1!4m5!14m4!1m3!1m2!1s111893907923953587914!2s0x0:0x7dc9b485
9e671b03?hl=en-US
https://www.google.com/maps/reviews/@33.4119836,-
111.6206917,17z/data=!3m1!4b1!4m5!14m4!1m3!1m2!1s100523872804956369298!2s0x0:0xb45a3ad6
e4d6b9bf?hl=en-US
https://www.google.com/maps/reviews/@33.4119836,-
111.6206917,17z/data=!3m1!4b1!4m5!14m4!1m3!1m2!1s116587886991608809689!2s0x0:0xb45a3ad6
e4d6b9bf?hl=en-US
These are only a few of the negative reviews of Dominium and I find them disturbing to be so consistent
across different location inside and outside Arizona.
I encourage the South Mountain Village committee to dig deeper into the background of this company
and to deny the approval of this project to go forward in this community.
Sincerely,
Fred Jones, III
2113 West Hidalgo Avenue
Phoenix AZ 85041
From:
Dennis
To:
Enrique A Bojorquez-Gaxiola
Subject:
Z-49-19-8
Date:
Saturday, May 9, 2020 10:31:58 AM
from my iPad
This company has a very bad BBB rating in fact it is an F.
A lot of bad reviews you need to look this up on the Internet.
I strongly suggest you refuse this offer.
Plus lot of bad reviews from tenants, trying to get things repaired...
James Kerr
480-319-0807
From:
A N
To:
Enrique A Bojorquez-Gaxiola; PDD South Mountain VPC
Subject:
lindo park letter of opposition to Z-49-19-8.doc
Date:
Wednesday, May 20, 2020 6:36:42 PM
Attachments:
lindo park letter of opposition to Z-49-19-8.doc
Good Evening Enrique,
On behalf of Lindo Park Comminity concerning Case.Number Z-49-19-8; Letter of
Opposition for Dominium Development.
Thank you,
Audria
May 15, 2020
To:
City of Phoenix Planning and Development Dept.
South Mountain Village Committee
Re: Application Case No. Z-49-19-8
This letter is in response to concerns realized after the meeting on May 12, 2020 of the South Mountain Village
Committee. We are still in OPPOSITION to the building of a 312 unit 3 story Apartment complex at the Northwest corner
of 19th Avenue and southern by Dominium. This property defined as an affordable multifamily residential community is
not a welcome addition to this already established community.
It is very apparent from the information shared in the meeting that the developer is on a time schedule and is more
concerned about the profits to be lost if the deal is not completed soon. Also, it is apparent that there is little flexibility
for Dominium in making the project more conducive to fitting into our community by making the builds one or two
story. He said, it doesn’t meet their profitability model.
We do not believe that Dominium has made a true and sincere effort to interact with the residents and to truly act upon
the issues the residents have with the project. The idea of making one building two stories tall out of the other 10 to 12
units is ridiculous. When you take into account the sheer size of the project it just does not mesh into the continuity of
this community. This is neighborhood and the surrounding neighborhoods are single family homes. We like the feel of
the openness of our community. There have got to be better options for the use of this property that would more ideally
fit the nature of this area. Nothing in the area from Central avenue on the east to 35th avenue on the west, Baseline road
on the south and Broadway road on the north, reflect this type of proposed property at all.
Additionally, the community has some concerns that we would like to have addressed.
The Developer also should provide a crime report for the area (1 to 5mile radius)?
What businesses in the area have they spoke with and gotten support from? Please provide letters.
Developer stated he spoke with the community going door to door; please provide dates and number of residents they
had DIRECT contact with.
Research by our neighbor suggests Dominium has Characteristics not appropriate for our neighborhood.
●Discriminatory Practices
● Civil Right infringements
● Rent Hikes contrary to stated agreements
●Landlord/Slumlord Practices
● Employee discriminatory Practices
● Unseemly Federal, State and County Tax Practices
South Mountain Village Committee, we would really appreciate looking into this information and getting to know more
about Dominium. However, the OPPOSITION to this project still stands.
Sincerely,
Lindo Park community
From:
Morgan Hawkins
To:
Enrique A Bojorquez-Gaxiola
Cc:
sdemmitt@gblaw.com
Subject:
Case No. Z-49-19-8
Date:
Sunday, May 10, 2020 8:33:04 PM
Enrique.bojorquez-gaxiola@phoenix.gov>
To whom it may concern it has come to my attention that there is an intent to build an
apartment complex at 19th Avenue and Southern behind my neighborhood I believe it is in
reference to case number Z - 49 -19 - 8 submitted by the minium development and
acquisition.
I am sending this letter to let you know that as a resident of the neighborhood at jacent to
this property I am opposed to this complex being built I have been expecting that there
would be commercial retail development that would bring economic prosperity to our
community.
The addition of this complex would increase traffic and potentially have an increase in
crime to this community . Additionally it would intrude on some residents privacy in their
backyards and the views of the South Mountain range.
Thank you for hearing my concerns and opposition
From:
Nicolette Dibrell
To:
Enrique A Bojorquez-Gaxiola
Cc:
Nicolette Dibrell
Subject:
Z-49-19-8 South Mountain Village
Date:
Saturday, May 9, 2020 8:35:38 PM
Im opposing the development of an apartment complex on the northwest corner of 19th Avenue & Southern. What
is needed in this area are restaurants, Costco’s Sams clubs and shopping. Residents should not have to drive out of
South Phoenix for the things that exist in Scottsdale Tempe Mesa & Chandler. Additionally putting a 3 story
apartment complex adds to the crime rate in this area and puts the Basics primary school in danger.
Please vote against an multi unit living facility in this area.
Nicolette S Dibrell
2334 W Saint Kateri Dr
Phoenix AZ 85041
Sent from my iPad
From:
Ruben Henderson III
To:
Enrique A Bojorquez-Gaxiola
Subject:
Case (Z-49-19-8)
Date:
Sunday, May 10, 2020 5:03:30 PM
South Mountain Village,
Attn: Enrique Bojorquez-Gaxiola
City of Phoenix Planning &Development Department
200 W. Washington Street,
Phoenix 85003
Case (Z-49-19-8)
On behalf of the Anderson Farms Community and as President of the HOA representing 270
homeowners.
I stand in opposition to construction of the Dominium three story Workforce (low Income) Apartments
located at the northwest corner of 19th Avenue and Southern Avenue and the change of zoning from
Planned Shopping Center with a height waiver and density waver.
Having lived in the South Mountain Community almost twenty years I find this project inadequate,
below average in quality and lacking in imagination and insulting.
I hear the hue and cry that if you do not take this project that you will not get anything better in this
location. My response is that an empty desert property is not a liability and provides, if cared for, an
opportunity for both wild life plant and animal to thrive. Nothing is better than this mediocre project.
One does not have to build something on every piece of desert.
As to the idea that a three-story building wedge, into a space surrounded by single family homes a
school a gas station and low-income housing is a good idea- NON-SENSE. This project will exacerbate
preexisting problems. Apartment buildings of any size and design is certain failure. At a minimum you
just added 900 people to the community and 150-300 automobiles to that corner. That does not sound
like adding a benefit to our community.
I understand that a retail conglomerate cannot be found for that site. Blame for that can be put on
previously approved low-quality projects. If you build junk then surly only junk projects can be gotten
for our community. Low end development begets low end development. You have a corner with FOUR
liquor licenses. What do you expect? You have a corner with three gas stations. What do you expect?
You have two Dollar Stores nearby. What do you expect? Someone going to build a t two- or three-
story storage unit nearby? Well what do you expect? A grocery store is not going to move in because
you already have one. A so called one -Food City. Low end. Where is the AJ’s the Basha’s? What do you
expect? Stop this development and wait for a project that is meritorious and worthy of our South
Mountain community.
I’d like to offer a solution. Please consider finding, and supporting young urban pioneers from this
community in obtaining this land. Assist with financing to open up a neighborhood, high quality
franchises, that are neighborhood friendly, walkable, providing shade and cooling spot as a community
hot spot- supported by the local community college, chamber of commerce, and business leaders in the
community.
Is something better than nothing. I think not. Wait for the project that says-South Mountain is a great
place to live.
Respectfully submitted,
Ruben Henderson III
602-899-1843
2339 W. St. Catherine Ave
Phoenix, Arizona 85041
-
Sent from Mail [go.microsoft.com] for Windows 10
1
LETTER OF OBJECTION
Friday, May 01, 2020
To: City of Phoenix Planning and Development Department
Zoning Section,
200 West Washington Street, 2nd Floor
Phoenix, Arizona 85003
From: South Mountain Community Residents and Property Owners
Mr. & Mrs. Shaun Patterson
2129 W. Hidalgo Ave. Phoenix, Az. 85041
Reference No. Z-49-19-8
Re: Objection Proposed Development Residential Community
__________________________________________________________________________________________________________
To the Board of City Council Committee:
I/We wish to make you aware of a number of STRONG OBJECTIONS that we naturally have with regard to the proposed development
of the apartment unit near or on the vacant land site at the northwest corner 19th and Southern Avenue, the (“Tentatively Proposed
Site”) direct behind my dwelling resident and personal property of others.
The Dominium Development & Acquisition (“Dominium”) initially proposed to make headway a Planned Shopping Center (PSC) at
the visible corner of The Proposed Site. This potential development and opportunity would be a more proper fit for its residents and
the community for which would increase economic prosperity for the area. Instead, "Dominium" venues changed from advancing a
commercial shopping center to proposing and developing 22.31 units per gross acre on local property that will consist precisely of 312
multifamily residential units. Their prior notification and determination to change the “Proposed Site” did not merely address the
residents and community needs or concerns but the developer tried to bypass the residents opinions and objections regarding the
“Proposed Site” for a quick approval without notice; thus prompting the developer to properly address and draft a second letter and
now properly inform property owners of their intent and interest to develop the “Proposed Site.”
The developer quest to re-zone a commercial site to develop a multifamily residential community is a classic of a switch and bait or
perhaps to misinform property owners of their hidden agenda. The neighboring residents, our community is outrage and appalled to
which the developer is well aware that the vacant site was a zone for commercial use and not zone for
residential use. It is the opinion of the residents including myself that the developer did not intend to bring economic prosperity to the
community but brings property development and revenues to Dominium Development for themselves
alone. The community or property owners would not benefit.
Furthermore, the lawyers for the developer addressed property owners and Neighborhood Association President in a letter with good
intentions at first. But the neighboring community feels betrayed at the efforts of the developer who purposely switch a shopping
center to a residential community plan.
Another reason that I/we strongly object and opposed the proposed Development residential community is the impact on
the roadways and traffic it will have for the community. The busiest northwest corner of 19th and Southern Avenue is one of the most
congested and dangerous for pedestrians and school aged students and by adding apartment units will cause gridlock and increase
accidents within this overburdened area. We may ask ourselves but didn't limit to the following; where elementary students would be
picked up by a school bus for residential students in this new purposed development? How are they affected only to be shut in or
surrounded by locked gates trying to get on a school bus? What does this mean for senior citizens who are also
impacted for this proposed development? How would the new development curve the potential crime rate for the area? How would
the developer not consider rental properties in our neighborhood of single-family homes which can cause property prices to stagnate
or even drop? What specific type of noise levels would negatively impact our privacy or apartment residents overlooking in my/our
backyards? How does this propose economic development would have on my/our essential quality of pleasant life?
We sincerely hope the Board of City Council Committee will consider the property owners well being and concerns without
hesitation. The residents in our community bitterly and strongly object the developers’ proposal. Furthermore, please allow residents
to seize the opportunity to speak at the meeting of the committee at which this application is expected to be decided or
considered. We also hope that their potential application to a zone change request when decided is promptly denied.
With Regards: Mr.& Mrs. Shaun Patterson
2
From:
Tiffany Hawkins
To:
Enrique A Bojorquez-Gaxiola
Date:
Sunday, May 10, 2020 8:26:44 PM
To whom it may concern it has come to my attention that there is an intent to build an
apartment complex at 19th Avenue and Southern behind my neighborhood I believe it is in
reference to case number Z - 49 -19 - 8 submitted by the minium development and acquisition.
I am sending this letter to let you know that as a resident of the neighborhood at jacent to
this property I am opposed to this complex being built I have been expecting that there would
be commercial retail development that would bring economic prosperity to our community.
The addition of this complex would increase traffic and potentially have an increase in crime
to this community . Additionally it would intrude on some residents privacy in their backyards
and the views of the South Mountain range.
Thank you for hearing my concerns and opposition.
From:
Brad Umansky
To:
Enrique A Bojorquez-Gaxiola
Subject:
Multi-Family & Gas Station Project Proposed for the NWC of 19th & Southern Avenues - Phoenix
Date:
Tuesday, May 26, 2020 8:49:34 AM
Enrique,
I would appreciate you including this email in the VPC Packet. I will not
be able to attend the virtual call, but this is what I would have said if I
was able to attend.
I am the owner of the retail shops located at 1810 West Southern
Avenue. This is the retail strip center located to the east of Walgreens
and AutoZone. I have owned this property for about 6 years and have
been a regular visitor to this intersection during this period of time.
Furthermore, I have been in the retail industry for almost the past 30
years as I operate a brokerage firm called Progressive Real Estate
Partners that is the leading retail leasing and sales firm in Southern
California’s Inland Empire.
It is my belief that just about every piece of property that is zoned for
commercial use anywhere has to be viewed for alternative uses as we
live in a society that has too much retail. We need more residential to
support retail. This statement is supported by the fact that even in the
very strong economy of the past 5 years, rents for our property have
been flat and we have had difficulty leasing space at rents that are less
than or equal to the rents of 5 years ago. Please note that this is despite
the fact that we have installed a new monument sign (at a cost of $20K),
painted the buildings, made parking lot improvements, and improved
our lighting. In my opinion, the odds of the subject property being
developed as a retail shopping center and then continuing to be a
successful retail shopping center are very low.
I am very much in favor of seeing the subject property developed as it
has bee proposed as new development tends to raise the value of
property (both residential & commercial) around it and the more
residents that reside in the area, the more likely it is that the commercial
vacancies will remain low and therefore the commercial tax base will be
sustained.
Thank you for your consideration.
Brad Umansky
JRH Investors, LLC - Manager
725 Livingston Court
Claremont CA 91711
PH: 909-816-4884
From:
Brad Umansky
To:
Enrique A Bojorquez-Gaxiola
Subject:
South Mountain Village Planning Meeting
Date:
Sunday, May 10, 2020 12:14:30 PM
I am requesting to speak at the South Mountain Village Planning
Meeting on May 12th. I will be speaking in support of the proposed zone
change for the 312 residential project at the NWC of 19th & Southern. I
am the manager of the ownership of the strip center at 1810 West
Southern Avenue that includes Little Caesars. I am also a 25+ year
veteran of the shopping center industry. I am unaffiliated with the
subject property, but really like the idea of an additional 500+ customers
in the trade area vs. the parcel of land potentially remaining dormant for
many years to come.
Brad Umansky | President
Progressive Real Estate Partners
909.816.4884 cell
9471 Haven Ave, Ste 110 | Rancho Cucamonga, CA 91730
www.ProgressiveREP.com [progressiverep.com] | View All Our Listings [progressiverep.com]
A member of the Retail Brokers Network
From:
Kris Gangadean
To:
Enrique A Bojorquez-Gaxiola
Subject:
Zoning Case # Z-49-19-8 Hearing set for 5/12/20
Date:
Monday, May 11, 2020 10:05:53 AM
Dear Sir,
My name is Krishna Gangadean and I represent the Gangadean Family who
have been owners of the 40 acre parcel located at the Southwest corner of
19th Avenue and Southern Ave dating back to 1970.
We have successfully negotiated segments of the parcel to The Brown Family
Home Development and The QuikTrip Service Station.
We have experiences the continuing growth of The South Mountain Region
and the recent development of the connection of Route 202 to Interstate 10
which augers well to further enhancement of the South Mountain Region.
To witness the growth of what has transpired over the recent past in this
area is of special interest to my family who settled in Phoenix in 1960.
In those days the growth of Phoenix was focused eastward towards
Scottsdale and north.
South Mountain would follow as it rests a relatively four miles south of the
City's Capitol.
The Project that is being proposed adds an upgrade to the residential
community and most likely the need for additional community based small
businesses tailored to serve the neighborhood.
Change is often unsettling at first blush however the recent history of the
fantastic growth of Phoenix bodes well for our region.
As the adage goes, "the rising tide lifts all boats".
We give our full support in favor of this Project.
I would very much like to be included in the planned " Virtual Hearing" .
My contact # 661 977 1125..
My regards,
Kris Gangadean