Attachment C - Staff Report Addendum A - Z-SP-1-24-2.pdf

City of Phoenix — Formal (2024-10-02)

Extracted text (via pymupdf) 30114 characters

ADDENDUM A
Staff Report: Z-SP-1-24-2
August 5, 2024
Paradise Valley Village Planning
Committee Meeting Date:
August 5, 2024
Planning Commission Hearing Date:
September 5, 2024
Request From:
C-2 (Pending C-2 HGT/WVR) (Intermediate
Commercial, Pending Intermediate
Commercial, Height Waiver) (2.48 acres)
Request To:
C-2 HGT/WVR SP (Intermediate
Commercial, Height Waiver, Special
Permit) (2.48 acres)
Proposal:
Self-service storage warehouse and all
underlying C-2 uses with a height waiver
Location:
Northwest corner of 34th Street and Phelps
Road
Owner:
Marni Retail Partners, LLC c/o Stewart
Ferber
Applicant:
Michael Buschbacher II, Earl & Curley,
P.C.
Representative:
Taylor Earl, Earl & Curley, P.C.
Staff Recommendation:
Approval, subject to stipulations
The purpose of this addendum is to revise the language for Stipulation Nos. 1 and 2 to
reflect the updated site plan and elevations submitted by the applicant.
This request is to rezone 2.48 acres located on the northwest corner of 34th Street and
Phelps Road from C-2 (Pending C-2 HGT/WVR) (Intermediate Commercial, Pending
Intermediate Commercial, Height Waiver) to C-2 HGT/WVR SP (Intermediate
Commercial, Height Waiver, Special Permit) for a self-service storage warehouse and
all underlying C-2 commercial uses with a height waiver. Rezoning Case No. Z-39-24-2
is a companion request for a height waiver.
The Paradise Valley Village Planning Committee heard this case on May 6, 2024, and
recommended a continuance to allow the applicant more time to work with the
community to address concerns.
On August 2, 2024, the applicant submitted a revised site plan and elevations. The
revised site plan depicts a reduction in building size by 703 square feet. The revised
ATTACHMENT C

Addendum A to the Staff Report Z-SP-1-24-2
August 5, 2024
Page 2 of 4

elevations depict a muted color scheme and a reduction in height to the top of the
parapet by two feet. Staff recommends Stipulation No. 1 and Stipulation No. 2 regarding
general conformance to the site plan and elevations be modified to reflect the new
submittal date.

Additional correspondence received after the publication of the staff report is also
attached to this addendum.

Staff recommends approval, per the modified stipulations in bold font below:

Stipulations

1.
The development shall be in general conformance with the site plan date
stamped April 16 AUGUST 2, 2024, as modified by the following stipulations, as
approved by the Planning and Development Department.

2.
The development shall be in general conformance with the elevations date
stamped March 29 AUGUST 2, 2024, as approved by the Planning and
Development Department.

3.
The maximum building height shall be three stories and 38 feet.

4.
All uncovered surface parking lot areas shall be landscaped with minimum 2-inch
caliper, large canopy, drought-tolerant, shade trees. Landscaping shall be
dispersed throughout the parking area and achieve 25% shade, as approved by
Planning and Development Department.

5.
Where pedestrian walkways cross a vehicular path, the pathway shall be
constructed of decorative pavers, stamped or colored concrete, or other
pavement treatments that visually contrasts parking and drive aisle surfaces, as
approved by the Planning and Development Department.

6.
All bicycle parking spaces and pedestrian pathways on site shall be shaded by a
structure, landscaping, or a combination of the two to provide a minimum of 75%
shade, as approved by the Planning and Development Department.

7.
A minimum of four bicycle parking spaces shall be provided. Bicycle parking
shall be provided through Inverted U and/or artistic racks located near the
entrance of the office, or in a secured location inside the building, and installed
per the requirements of Section 1307.H. of the Phoenix Zoning Ordinance.
Artistic racks shall adhere to the City of Phoenix Preferred Designs in Appendix
K of the Comprehensive Bicycle Master Plan.

8.
A minimum of one of the required bicycle parking spaces shall include standard
electrical receptacles for electric bicycle charging capabilities, as approved by
the Planning and Development Department.

Addendum A to the Staff Report Z-SP-1-24-2
August 5, 2024
Page 3 of 4

9.
A minimum of 15% of the required parking spaces shall include Electric Vehicle
(EV) Capable Infrastructure, as approved by the Planning and Development
Department.

10.
A minimum of two green infrastructure (GI) techniques for stormwater
management shall be implemented per the Greater Phoenix Metro Green
Infrastructure and Low Impact Development Details for Alternative Stormwater
Management, as approved or modified by the Planning and Development
Department.

11.
Only landscape materials listed in the Phoenix Active Management Area Low-
Water-Use/Drought-Tolerant Plant List shall be utilized, except for existing or
salvaged mature trees to remain on site, as approved or modified by the
Planning and Development Department.

12.
Landscaping shall be maintained by permanent and automatic/water efficient
WaterSense labeled irrigation controllers (or similar smart controller) to minimize
maintenance and irrigation water consumption for all onsite and offsite landscape
irrigation.

13.
Natural turf shall only be utilized in required retention areas (bottom of basin, and
only allowed on slopes if required for slope stabilization) and functional turf
areas, as approved by the Planning and Development Department.

14.
Pressure regulating sprinkler heads and drip lines shall be utilized in any turf
areas to reduce water waste.

15.
Provide a landscape irrigation plan that includes zones to establish the amount of
irrigation to apply based on maturity and type of the landscaping. Irrigation
should be applied efficiently based on the maturity and need for the vegetation.

16.
Unused driveways shall be replaced with sidewalk, curb and gutter. Also, any
broken or out-of-grade curb, gutter, sidewalk, and curb ramps on all streets shall
be replaced and all off-site improvements shall be upgraded to be in compliance
with current ADA guidelines.

17.
All streets within and adjacent to the development shall be constructed 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.

18.
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.

Addendum A to the Staff Report Z-SP-1-24-2
August 5, 2024
Page 4 of 4

19.
Prior to final site plan approval, the landowner shall execute a Proposition 207
waiver of claims form. The waiver shall be recorded with the Maricopa County
Recorder’s Office and delivered to the City to be included in the rezoning
application file for record.

Exhibits
Site Plan date stamped August 2, 2024
Elevations date stamped August 2, 2024
Correspondence (73 pages)

CITY OF PHOENIX
Planning & Development
Department
AUG 02 2024

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CITY OF PHOENIX
Planning & Development
Department
AUG 02 2024

CITY OF PHOENIX
Planning & Development
Department
APR 30 2024

1
Adrian G Zambrano
From:
Alina Lutsiv <alinavlutsiv@gmail.com>
Sent:
Friday, May 3, 2024 3:05 PM
To:
Adrian G Zambrano
Subject:
NEIGHBOR FEEDBACK - REZONING CASE
Regarding: Application: Z‐39‐24 Rezoning
Regarding: Application Z‐SP‐1‐24
Hi Adrian,
My name is Alina Lutsiv and I would like to express my husband and I's opinions regarding an upcoming rezoning project.
I live at 3403 E Lavey Lane, and I am VEHEMENTLY AGAINST this proposal.
For starters, I have several issues with how this entire case was handled. It has been brought to my attention that many
of my neighbors on E. Lavey Lane were not informed of this proposal by the owner/developer. We live on the street
directly adjacent to this proposed self storage, so everyone on this street should have received correspondence and
invitations to the community meetings. Some of my neighbors on the north end of Lavey Lane (who would be able to
see this self storage facility from their backyard) were not informed by the developer's legal team.
I have spoken to many neighbors, and we are all in complete agreement. This self storage facility would be bad for our
community for numerous reasons. We believe that this is a very greedy move by the new owner, who believes this to be
a solution to the "security concerns that we have voiced regarding the parking lot which he hopes to convert to self
storage." As it currently stands, there is a lack of security by the current owner in that parking lot. This leads to
individuals doing "donuts" in that parking lot. However, I believe that the current owner should be responsible for
solving the security problem by increasing the hours of the current security patrol. NOT by building a self storage facility.
At the community meeting, the new owner threatened to start building "apartments as soon as possible" if this rezoning
does not pass by the city.
This self storage facility is a poor use of space, especially when there is another newly built self storage facility just a few
streets down, and many more within a few miles proximity. As neighbors, we want to see more walkable, retail
amenities. Amenities that will help drive other business in that shopping center. Self storage is not the solution. This is a
long‐term play, and we are concerned that this self storage facility will be there for the next 20‐30 years, with negative
impacts on our community for years to come. This self storage facility is a massive eyesore and will tower over our
backyards. It will block our views, and we are concerned about privacy, as the third floor of the self storage facility will
provide direct views into our backyards. This will directly impact our home resale values, as no residents will want
backyard views of a massive concrete block. I also worry about the extra security concerns. Self storage is a low traffic
area and will bring about extra "riff raff" with a constant flow of strangers. Our community is comprised of many young
families with children, who will now have to worry about letting their children play outside. The self storage facility will
lead to extra moving trucks lining the streets on a weekly basis, extra trash that our community pays to clean up, and a
lack of parking spaces. I am also concerned about the self storage facility not regulating the storage of hazardous or
flammable goods, which poses additional risks for our community.
We have worked very hard to make our neighborhood what it is today. This is a step in the wrong direction. I have been
informed that this past week, the legal team has been going door to door asking residents to legally sign a "statement of
approval" form. Conveniently, they did not show up at the doors of the 15+ residents who vehemently opposed this
build, and who made their voices loud and clear at the community meeting.
Thank you,

2
Alina and Anton Lutsiv
(703) 909‐1779

From:
Jean Rice
To:
Adrian G Zambrano
Subject:
Proposed - Self-Storage Unit at Bell Rd and 34th Place
Date:
Saturday, May 4, 2024 6:16:43 PM
Importance:
High
Dear Mr. Zambrano,
I wish to let you know that I was NOT NOFITIFIED of this proposed unit and I live just on
the other side of the street! Why was I not notified??? I am aware that other neighbors
were unaware of this and weren’t notified as well.
I thought that all affected neighborhoods were supposed to be notified of any proposed
variance in the Planning and Zoning withing the city limits and in the proximity of any
homes in the adjacent area?
I am TOTALLY AGAINST having a 3-story self-storage unit directly behind my house.
The reasons I am against this are the following:
1. It is a poor use of the space and there are 2 other self-storage units within ½-1 mile
of our subdivision!
2. Self-storage units have a bad reputation as people come and go at all hour’s day
and night and some of them are pretty iffy folks storing things that may be
contraband.
3. We have NO PARKING on the streets adjacent to this building so there can’t be any
cars and trucks parked along the streets bordering the building.
4. A 3-story building will be a massive eye sore in an area of single-story homes and
buildings!
5. This commercial endeavor doesn’t help our neighborhood and will cause home
prices to fall.
6. There is little to no regulation of goods stored in these units and there is a risk of
someone storing hazardous materials inside their unit.
7. We enjoy having walk-in commercial businesses in our area and a self-storage
building isn’t amenable to the other commercial businesses there or for our
neighborhood wants or needs.
8. Construction is another issue as it will be ongoing for at least a year and will be
loud , dirty and obnoxious for those of us who live directly across the street from
the site.
I DO NOT want this in my backyard literally, so please note that for the record, I am

TOTALLY AGAINST this Zoning Variance request!!
Sincerely,
Jean Rice
Jean Rice, RN, BS/BA
President
Healthcare Consultant, LLC | PO Box 30983 | Phoenix, AZ 85046-0983
Home Address: 3346 E Lavey Ln, Phoenix, AZ 85032-2777
jeanrice3@outlook.com
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professional.

STATEMENT OF OPPOSITION

Dear Phoenix City Council,

I am an adjacent neighbor, and I strongly oppose the proposed rezoning on the northwest
corner of 34th Street and Phelps Road (Case Numbers: Z-39-23/Z-SP-1-24) of a new
internal self-storage facility in the parking lot.

I am fully aware of the project and all of my questions have been answered. I believe that
is a greedy initiative by the current owner that will have detrimental effects on my quality
of life and the character of my neighborhood. This proposal is a bad solution to the
security concerns in this portion of the shopping center. It is a poor and unnecessary use
of space, due to numerous other self-storage facilities within close proximity. A three-
story self-storage facility would be an eyesore seen from our backyards, disrupting the
natural beauty of our surroundings and detracting from the charm and character that
drew many of us to live here in the first place.
Furthermore, the proposed development raises serious concerns about increased traffic
congestion and safety hazards in our area. Self-storage facilities tend to generate a steady
flow of traffic, including large trucks and vans, which would pose risks to pedestrians,
cyclists, and other motorists on our streets. This influx of traffic would not only diminish
the safety of our neighborhood but also create noise pollution and worsen air quality,
further detracting from our overall well-being.
I urge you to carefully consider the concerns of myself and other residents who oppose
this rezoning application. Our neighborhood is a place we call home, and we deserve to
have a say in what developments are allowed to take place in our community. I
respectfully request that you deny the rezoning application.

FOR THESE REASONS I DO NOT SUPPORT THE PROPOSED SELF-STORAGE ZONING CASE
AND ASK THE CITY COUNCIL TO DENY IT.

NAME

ADDRESS

EMAIL ADDRESS / PHONE NUMBER

DATE
Kristen Boyd Phillips
16609 N 34th Pl Phoenix AZ 85032 United States
Kristenboyd@live.com / 480-628-8345
5/4/24
CITY OF PHOENIX
Planning & Development
Department
MAY 04 2024

1
Adrian G Zambrano
From:
w.tafoya@yahoo.com
Sent:
Saturday, May 4, 2024 3:10 PM
To:
Adrian G Zambrano
Subject:
REZONING
I am an adjacent neighbor. I strongly OPPOSE the rezoning on the northwest corner of 34th St. and Phelps Rd.
Case number Z-39-23/Z-SP-1-24

Thank You
Wayne S. Tafoya
3353 E. Lavey Ln
Phoenix Az. 85032
Summer Breeze Community

CITY OF PHOENIX
Planning & Development
Department
MAY 06 2024

From:
kraig peterson
To:
Adrian G Zambrano; mbuschbacher@earlcurley.com
Subject:
Self-Storage Unit at Phelps and 34th St, Phoenix, AZ
Date:
Monday, May 6, 2024 4:12:48 PM
To Whom it May Concern,
I wish to withdraw my approval for the Zone Variance of the proposed Self-Storage
Unit at the Phelps and 34th St intersection.
The gentleman who approached me about the project only told me that they were
going to be cleaning up the area to reduce the transients, drivers making doughnuts
in the parking lot and the debris around the area. He never mentioned that a 3-story
Self-Storage unit was being planned in that location.
In addition, he never asked me if I owned the property where I live. I do not own the
property; I simply live there with the owner.
I unknowingly signed the petition.
Sincerely,
Kraig Peterson

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From:
Michael Buschbacher
To:
Adrian G Zambrano
Subject:
Self-Storage Unit at Phelps and 34th St, Phoenix, AZ
Date:
Friday, May 24, 2024 8:22:47 PM

Adrian,
I wanted to let you know how I approached each residence for this case. I introduced myself to everyone I encountered as a representative of the
developer, the new owner of the shopping center, who is planning a self-storage facility. I did not do anything different for this neighbor.
I then discussed the benefits of some of the actions the new owner has provided to clean up the center and offered to show him some before and
after pictures, some rendering of the project and the site plan. He said that he didn’t have time to look at them. I asked if he would sign a letter of
support for the project. He said yes, and I gave him the support letter to fill out, which he did. I advised that a second letter would be arriving by
mail to this address and to call us if he had any questions.
Please include this email in the record for the case.
Best regards,
Michael S. Buschbacher II, AICP
Principal Planner
Earl & Curley
(602) 265-0094
3101 N. Central Avenue
Suite 1000
Phoenix, Arizona 85012
www.earlcurley.com [earlcurley.com]
This message and any and all attachments may be confidential and/or privileged. If you are not the intended recipient, you are hereby notified that any dissemination, duplication, retention, or
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and any and all attachments. Thank you.

Page 1 of 2

18 July 2024

City of Phoenix – Planning and Development Department
Attn: Paradise Valley Village Planning Committee, Chair

Re: Z-SP-1-24 & Z-39-24 (34th Street Self-Storage)

To the Chair and Members of the Paradise Valley VPC,

We are writing to encourage your unanimous support for the aforementioned project. Palm Lakes
Village, a nearby community aged 55+ (of which 70% are single women), and Saint John Alliance have
met both in person and also twice by phone with the owner’s representatives. We are convinced their
plans will not only solve the ongoing crime problems at this speciﬁc location, but also provide an
important service we want and need.

We recognize that some members of our community have objections to this proposal. It is extremely
rare when we disagree with each other; however, because of the security value this project provides and
the crime problems its mere existence will solve, we herein provide a respectful counter line of
reasoning to the arguments against the project:

•
For twelve years or more Saint John Alliance has been called upon by nearby residents to patrol
this exact location to address ongoing drug deals and other nefarious activity. This site,
speciﬁcally where the proposed structure would stand, is a favorite meeting spot for drug
dealers. I was surprised that there is opposition to a practical solution to these long-term crime
problems. Moreover, these same neighbors previously complained of semi-trucks parking there
with engines running through the night. Numerous times during block watch patrol I found
people living in cars and I would encourage them to leave, only to ﬁnd them return the next day.
It baffles me that my colleagues do not see a solution at hand to remedy these ongoing
problems.
•
We learnt the designer’s choice of colors was an objection. We can all agree this is a subjective
attitude. No one agrees on colors. For example, I personally like the building design and color
scheme. The design is a great cultural ﬁt and does not conﬂict or stand apart from surrounding
structures whatsoever.
•
Some say the building is too tall (42’ to the highest point of the parapet wall). This argument was
also made during the hearings for the luxury apartments across the street (now near
completion). The apartments are taller than the proposed storage facility, yet no one is
complaining about obstructed mountain views. I insist the proposed storage building will not
offend anyone either once the project is completed.
•
The owner/operator has agreed to sign City of Phoenix’s Authority to Arrest form, renew yearly,
and also agreed he will prosecute offenders.
•
The owner/operator has also agreed, per Palm Lakes Village’s request, that if storage customers
vacate and leave items behind, the owner will promptly remove any such things from public
view.

Page 2 of 2

The last objection I am aware of is this: why do we need another storage facility when there are so many
in the area already? This concern is founded not possessing data that existing storage facilities in the
area are 90% full based on research of a 10x10 unit. Consider again the 300-unit luxury apartments soon
opening across the street. The proposed Z-SP-1-24 & Z-39-24 facility would be an ideal location for their
storage, not to mention a convenient location for existing tenants of the center.

The block watch leaders in this area have been working long and hard for more than a decade to improve
the quality of this area. We desire to ﬁnd tenants/investors for vacant parcels that are problematic and
tighten security along the Bell Road Corridor. The police are stretched too thin and cannot be the
solution for all security issues. This development will have a substantial and positive impact on the
security and safety of this area.

We request unanimous approval for this project, Z-SP-1-24 & Z-39-24 (34th Street Self-Storage).

Sincerely … and thank you for serving on this committee,

__________________________________________________
Nicholas Voss
Co-founder, Saint John Alliance
Owner, TREFFEN SAINT JOHN LLC
2901 East Saint John Road
Phoenix, Arizona 85032
602-616-8250

(Nicholas Voss signing authorized by Chris Spicer)
__________________________________________________
Chris Spicer
Palm Lakes Village
16415 North 33rd Way
Phoenix, Arizona 85032
602-526-3973

8/1/2024

Dear Phoenix City Council,
I am the Block Watch leader for the Belcanto Community, and we support the proposed
rezoning on the Northwest corner of 34th St and Phelps Rd. (Case # Z-39-23/Z-SP-1-24) to
allow and approve the new internal self-storage facility in the back parking lot.
I have been the Block Watch leader for the Belcanto Community for over 10 years now and am
very active in supporting the area businesses as well as other Block Watch communities. We
have had our share of vandalism, drugs, trespassing and theft in the overnight hours just to
name a few issues. It is important for us to have good businesses coming into this community.
We have attended 2 neighborhood meetings concerning this self-storage proposal, meeting with
Michael Buschbacher of Earl & Curley as well as the owner of the shopping center. We feel it
will be a huge improvement to the community as well as providing much needed security.
For these reasons, I support the proposed self-storage zoning case listed above and ask that
the Village Planning Commission and City Council approve it.

Thank you,

Gloria Pinkerton
Belcanto Block Watch Leader
2651 E Anderson Dr
Phoenix, AZ 85032
Gloriapink12@gmail.com