Attachment D - PC Summary - Z-81-24-7.pdf

City of Phoenix — Formal (2024-10-02)

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REPORT OF PLANNING COMMISSION ACTION 
September 5, 2024 
ITEM NO: 13  
DISTRICT NO.: 7
SUBJECT:
Application #: 
Z-81-24-7
Location: 
Northeast corner of 91st Avenue and Broadway Road 
From:
R1-8
To: 
C-2 and C-2 HGT/WVR DNS/WVR
Acreage:
19.46
Proposal: 
Commercial and multifamily residential with a height and density waiver 
Applicant: 
4201 S 91st Ave, LLC d/b/a St. Charles LIHTC Investors, LLC c/o Jason 
Battista 
Owner: 
VP Hurley Legacy, LLC d/b/a Vintage Partners c/o Walter Crutchfield 
Representative: Lindsay Schube, Gammage & Burnham, PLC 
ACTIONS: 
Staff Recommendation: Approval, subject to stipulations. 
Village Planning Committee (VPC) Recommendation: 
Estrella 8/20/2024 Approval, per the staff recommendation with an additional stipulation and a    
modification. Vote: 7-0. 
Planning Commission Recommendation: Approval, per the Estrella Village Planning Committee 
recommendation. 
Motion Discussion: N/A 
Motion details: Commissioner Matthews made a MOTION to approve Z-81-24-7, per the Estrella 
Village Planning Committee recommendation. 
 
Maker: Matthews 
 
Second: Gorraiz 
 
Vote: 8-0 
Absent: Jaramillo 
 
Opposition Present: No 
Findings: 
1.
The proposal is compatible with the General Plan Land Use Map designation and will
provide commercial and residential opportunities within the Estrella Village.
2.
The proposal contains enhanced standards that will result in a more walkable, shaded
and pedestrian-friendly environment. The proposal will provide increased shade which
will help to reduce the urban heat island effect.
3.
The development, as stipulated, will provide an opportunity for affordable housing, and
incorporates design and landscaping features that enhance the location which helps to
advance several city goals and policies within the Housing Phoenix Plan, the Estrella
Village Plan, and Estrella Village Arterial Street Landscaping Program.
ATTACHMENT D

Stipulations: 
 
Overall Development 
 
 
1. 
The development shall conform with the Estrella Village Arterial Street Landscaping 
Program landscape palette and landscaping standards along arterial streets in the 
Estrella Village, except as otherwise noted herein, as approved by the Planning and 
Development Department. 
 
2. 
Where pedestrian walkways cross a vehicular path, the pathway shall be constructed of 
decorative pavers, stamped or colored concrete, striped, or other pavement treatments 
that visually contrasts parking and drive aisle surfaces, as approved by the Planning and 
Development Department. 
 
3.  
A minimum of three pedestrian connections shall be provided between the multifamily 
and commercial development, as approved by the Planning and Development 
Department. 
 
4. 
A minimum of 10% of the required shrubs, shall be a milkweed or other native nectar 
species, and shall be planted in groups of three or more, as approved by the Planning 
and Development Department. 
 
5. 
Only landscape materials listed in the Phoenix Active Management Area Low-Water-
Use/Drought-Tolerant Plant List shall be utilized on site, as approved or modified by the 
Planning and Development Department. 
 
6. 
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 on and offsite landscape irrigation. 
 
7. 
Pressure regulating sprinkler heads and/or drip lines shall be utilized in any turf areas to 
reduce water waste. 
 
8. 
A minimum of 25% of the surface parking areas shall be shaded, as approved by the 
Planning and Development Department. Shade may be achieved by structures or by 
minimum 2-inch caliper, drought tolerant, shade trees, or a combination thereof. 
 
9. 
A minimum of two green stormwater infrastructure (GSI) elements for stormwater 
management shall be implemented, as approved or modified by the Planning and 
Development and/or Street Transportation departments. This includes but is not limited to 
stormwater harvesting basins, bioswales, permeable pavement, etc., per the Greater 
Phoenix Metro Green Infrastructure and Low Impact Development Details for Alternative 
Stormwater Management. 
 
10.  
A minimum 55-foot right-of-way shall be dedicated for a modified flared intersection at the 
east side of 91st Avenue at the Broadway Road intersection. Additional dedications to 
accommodate the intersection flare may be required, as approved by the Street 
Transportation Department.  The improvements shall be consistent with the Arterial CM 
cross section including a minimum 6-foot-wide detached sidewalk separated by a 
minimum 10-foot-wide landscape strip located between the back of curb and sidewalk. 
 
11. 
A 20-foot-wide multi-use trail easement (MUTE) shall be dedicated along Broadway Road 
and a minimum 10-foot-wide multi-use trail (MUT) shall be constructed within the

easement in accordance with the MAG supplemental detail and as approved or modified 
by the Planning and Development Department. 
 
12. 
A total of 55-feet of right-of-way shall be dedicated to Maricopa County for the north half 
of Broadway Road, or as otherwise approved by the Maricopa County Department of 
Transportation. 
 
13. 
All street improvements to Broadway Road are outside of Phoenix City Limits and shall 
be reviewed and approved by Maricopa County. Documentation of the county review and 
approval shall be provided prior to preliminary site plan approval. 
 
14. 
A traffic signal shall be installed at the 91st Avenue and Broadway Road intersection 
DURING THE FIRST PHASE OF DEVELOPMENT. The developer shall fund 100% of 
the cost and construct the traffic signal to an interim design, as approved by the Street 
Transportation Department. If the signal is installed by others, the development shall be 
responsible for 100% of the cost for signal relocation and/or modifications.  
 
15.  
All existing or relocated electrical utilities, 12 kv or smaller, within the 91st Avenue right-
of-way shall be undergrounded, adjacent to the development, or as otherwise approved 
by the Street Transportation Department. The developer shall coordinate with the 
affected utility companies for their review and permitting. 
 
16. 
Existing SRP facilities within the 91st Avenue and Broadway Road right-of-way are to be 
relocated outside of City right-of-way, unless otherwise approved by the Street 
Transportation Department. Relocations that require additional dedications or land 
transfer require completion prior to obtaining plat and/or civil plan review approval. 
 
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. 
The developer shall construct a bus pad that conforms with City of Phoenix Standard 
Detail P1260 on northbound 91st Avenue, north of Broadway Road. The pad shall be 
located from the intersection following the standards established in P1258. 
 
19. 
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. 
 
20. 
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. 
 
Multifamily Development as depicted on the site plan date stamped July 30, 2024 
 
21. 
The maximum building height shall not exceed 30 feet. If 100 percent of the housing units 
are provided as affordable housing, the maximum height shall be 40 feet. 
 
a. 
The applicant shall submit a copy of the draft Declaration of Affirmative Land Use 
and Restrictive Covenants agreement (LURA), for review and verification by the 
Phoenix Housing Department, prior to or in conjunction with Preliminary Site Plan 
Approval.

b. 
The applicant shall submit a copy of the Determination of Qualification of Tax 
Credits issued by the Arizona Department of Housing, or other documentation of 
low-income housing tax credit allocation, prior to or in conjunction with Final Site 
Plan Approval.  
 
c. 
The applicant shall submit a copy of the recorded Declaration of Affirmative Land 
Use and Restrictive Covenants agreement (LURA), as approved by the Arizona 
Department of Housing, to the Planning and Development Department.  
 
22. 
THE MAXIMUM BUILDING HEIGHT SHALL BE 2 STORIES OR 30 FEET FOR 
BUILDING TYPE 4 (2 STORIES, 24 UNITS) AND UNITS FRONTING THE NORTH 
PROPERTY LINE OF BUILDING TYPE 2 (22 UNITS), AS DEPICTED ON THE SITE 
PLAN DATE STAMPED JULY 30, 2024. 
 
22. 
23 
The R-4 Planned Residential Development Option shall be utilized for the development.  
 
23.  
24. 
The entry drives shall incorporate landscaping on both sides, planted with a variety of at 
least three plant materials, as approved by the Planning and Development Department. 
 
24. 
25. 
The north landscape setback shall be planted with evergreen trees, as approved by the 
Planning and Development Department. 
 
25.  
26. 
A minimum of 10% of the gross site area shall be retained as open space. 
 
26.  
27. 
All pedestrian walkways, including sidewalks, 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. 
 
27. 
28. 
The development shall incorporate bicycle infrastructure as described below and 
approved by the Planning and Development Department. 
 
a. 
The developer shall provide secure bicycle parking per Section 1307 of the 
Zoning Ordinance. 
 
b. 
Guest bicycle parking shall be provided at a minimum rate of 0.05 spaces per unit, 
up to a maximum of 50 spaces. Parking spaces shall be provided through 
Inverted U and/or artistic racks located near the community center and/or 
clubhouse and open space areas, 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. 
 
c. 
A bicycle repair station (“fix it station”) shall be provided and maintained on site 
within an amenity area or near a primary site entrance, and separated from 
vehicular maneuvering areas, where applicable. The repair station shall include, 
but not be limited to 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.

d. 
Bicycle parking spaces 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. 
 
e. 
A minimum of 10% of the required bicycle parking spaces shall be 
include standard electrical receptacles for electric bicycle charging capabilities.  
 
28.  
29. 
A minimum of 5% of the required vehicle parking spaces shall include EV Installed 
infrastructure. A minimum of 10% of the required vehicle parking spaces shall include EV 
Capable spaces. 
 
29. 
30. 
Prior to final site plan approval, documentation shall be provided that demonstrates a 
commitment to participate in the Water Efficiency Checkup for a minimum of 10 years, or 
as approved by the Planning and Development Department. 
 
30. 
31. 
Landscape areas shall be planted with minimum 2-inch caliper, large canopy, drought-
tolerant, shade trees planted 25 feet on center, or in equivalent groupings, as approved 
by the Planning and Development Department. 
 
31. 
32. 
Prior to certificate of occupancy, signage shall be posted within the development’s 
sales/leasing office (or equivalent signage) that is visible to prospective renters or 
purchases, and which discloses the proximity and existence of nearby existing dairy 
farms and animal privilege private properties that may cause adverse noise, odors, dust, 
and other externalities, as approved by Planning and Development Department.  
 
Commercial Development as depicted on the site plan date stamped July 30, 2024.  
 
32. 
33. 
The conceptual site plan and elevations for the future commercial development as 
depicted on the site plan date stamped July 30, 2024, shall be reviewed and approved by 
the Planning Hearing Officer through the public hearing process for stipulation 
modifications prior to preliminary site plan approval. This is a legislative review for 
conceptual purposes only. Specific development standards and requirements will be 
determined by the Planning Hearing Officer and the Planning and Development 
Department. The site plan shall incorporate the following elements: 
 
a. 
Accessible pedestrian pathways that connect building entrances and the public 
bus pad using the most direct route for pedestrians. 
 
 
b. 
Pedestrian connections between adjacent commercial developments (if 
developed across multiple phases). 
 
 
33. 
34. 
The development shall incorporate bicycle infrastructure as described below and 
approved by the Planning and Development Department 
 
a. 
Bicycle parking spaces shall be provided per the requirements of 
Section 1307.H of the Phoenix Zoning Ordinance through inverted U and/or 
artistic racks located near the building entrances 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. 
 
 
b. 
A minimum of 5% of the required bicycle parking spaces shall include standard 
electrical receptables for electric bicycle charging capabilities.

34. 
35. 
A minimum of 10% of the required vehicle parking spaces shall include EV Ready 
infrastructure and a minimum of 5% shall include EV Capable infrastructure. 
 
35. 
36. 
Prior to final site plan approval, documentation shall be provided that demonstrates a 
commitment to participate in the City of Phoenix Businesses Water Efficiency Program 
for a minimum of 10 years, or as approved by the Planning and Development 
Department. 
 
This publication can be made available in alternate format upon request. Please contact Teleia 
Galaviz at 602-291-2559, teleia.galaviz@phoenix.gov, TTY: Use 7-1-1.