Attachment B - Staff Report - Z-71-24-7.pdf

Staff Report: Z-71-24-7 
August 2, 2024 
Central City Village Planning 
Committee Hearing Date: 
August 12, 2024 
Planning Commission Hearing Date: 
September 5, 2024 
Request From: 
P-1 (Passenger Automobile Parking,
Limited) (0.67 acres)
R-5 RI (Multifamily Residence District,
Residential Infill District) (0.20 acres)
Request To: 
WU Code T5:3 (Walkable Urban Code, 
Transect 5:3 District) (0.87 acres) 
Proposal: 
Church 
Location: 
Northeast corner of 9th Avenue and 
Fillmore Street 
Owner: 
Mercy Hill Development, LLC 
Applicant: 
Martha Baker, MoD a+p 
Representative: 
Moazam Khan, MoD a+p 
Staff Recommendation: 
Approval, subject to stipulations 
General Plan Conformity 
General Plan Land Use Map Designation 
Commercial 
Street Map Classification 
9th Avenue 
Local Street 
30-foot east half
street
Fillmore Street 
Collector 
Street 
38-foot north half
street
CONNECT PEOPLE & PLACES; TRANSIT ORIENTED DEVELOPMENT; LAND 
USE PRINCIPLE: Support compact, small block, mixed use development in 
appropriate locations.
The proposal will be a compact infill development within the existing well connected 
street grid with a WU Code transect that allows for a mix of uses. 
ATTACHMENT B

Staff Report: Z-71-24-7 
August 2, 2024 
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General Plan Conformity 
CREATE AN EVEN MORE VIBRANT DOWNTOWN; SURROUNDING 
NEIGHBORHOODS; DESIGN PRINCIPLE: Encourage the development of height 
transition and design standards that support new development while enhancing 
the integrity and livability of established neighborhoods. 
 
The proposal will redevelop an existing surface parking lot near downtown that will 
enhance the livability of the neighborhood with pedestrian-oriented design features 
and an appropriate height. 
 
BUILD THE SUSTAINABLE DESERT CITY CORE VALUE; TREES AND SHADE; 
DESIGN PRINCIPLE: Integrate trees and shade into the design of new 
development and redevelopment projects throughout Phoenix. 
 
The proposal provides trees and shade on 9th Avenue and Fillmore Street which will 
reduce the urban heat island effect while also improving thermal comfort to site users 
and the surrounding neighborhood. 
 
 
Applicable Plans, Overlays and Initiatives 
Transit Oriented Development Strategic Policy Framework – See Background 
Item No. 3. 
 
Comprehensive Bicycle Master Plan – See Background Item No. 6. 
 
Complete Streets Guiding Principles – See Background Item No. 7. 
 
Tree and Shade Master Plan – See Background Item No. 8. 
 
Transportation Electrification Action Plan – See Background Item No. 9. 
 
Conservation Measures for New Development – See Background Item No. 10. 
 
Zero Waste PHX – See Background Item No. 11. 
 
Surrounding Land Uses/Zoning 
 
Land Use 
Zoning 
On Site 
Surface parking and single-
family residential 
P-1 and R-5 RI 
North 
Single-family and multifamily 
residential 
R-5 RI 
South (across Fillmore 
Street) 
Vacant church and land 
(proposed multifamily 
residential) 
WU Code T5:5 
East 
Single-family residential 
R-5 RI

Staff Report: Z-71-24-7 
August 2, 2024 
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Surrounding Land Uses/Zoning 
 
Land Use 
Zoning 
West (across 9th Avenue) 
Vacant land and single-family 
residential 
R-5 RI 
 
Walkable Urban Code 
T5:3 
Standards 
Requirements 
Provisions on the 
Proposed Site Plan 
Gross Acreage 
N/A 
0.87 
Total Number of Units 
No maximum 
N/A 
Density 
No maximum 
N/A 
Building Height 
 48-foot maximum 
42 feet (Met) 
Parking 
22 spaces minimum (1 space 
per 3 seats, 65 seats 
proposed) 
22 spaces (Met) 
Bicycle Parking – Per 
Section 1307.H.6.a 
1 space minimum (1 space per 
25 vehicle parking spaces) 
5 spaces (Met) 
Streetscape Standards (Section 1312.B)  
Collector Street (Fillmore 
Street) 
None; Existing to remain per 
stipulation 
Existing to remain 
(Met) 
Local Street (9th Avenue) 
None; Existing to remain per 
stipulation 
Existing to remain 
(Met) 
Main Building Setbacks 
9th Avenue (Primary 
Frontage) 
12-foot maximum  
12 feet (Met) 
Fillmore Street (Secondary 
Frontage) 
10-foot maximum 
8 Feet (Met) 
Side/rear (North/East) 
0-foot minimum 
 
Not specified 
Parking Setbacks 
9th Avenue (Primary 
Frontage) 
30-foot minimum or behind 
building 
Behind building (Met) 
Fillmore Street (Secondary 
Frontage) 
20-foot minimum, 10-foot 
landscape setback 
20 feet, 10-foot 
landscape setback 
(Met) 
Side/rear (North/East) 
0-foot minimum 
Not specified 
Lot Requirements 
Lot Coverage 
80 percent maximum 
37 percent (Met)

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August 2, 2024 
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Walkable Urban Code 
T5:3 
Standards 
Requirements 
Provisions on the 
Proposed Site Plan 
9th Avenue (Primary 
Frontage) 
70 percent minimum  
92 percent (Met) 
Fillmore Street (Secondary 
Frontage) 
50 percent minimum 
61 percent (Met) 
Frontage Types Allowed 
9th Avenue (Primary 
Frontage) and Fillmore 
Street (Secondary Frontage) 
All frontages or alternative 
frontages per Section 
1305.B.1.c 
Not specified 
 
Background/Issues/Analysis 
 
SUBJECT SITE 
1. This request is to rezone a 0.87 acre site located at the northeast corner of 9th 
Avenue and Fillmore Street from 0.67 acres of P-1 (Passenger Automobile 
Parking, Limited) and 0.20 acres of R-5 RI (Multifamily Residence District, 
Residential Infill District) to WU Code T5:3 (Walkable Urban Code, Transect 5:3 
District) to allow WU Code uses including a church. 
 
The subject site was originally subdivided in 1887 as part of the University 
Addition and annexed into the City of Phoenix in 1900. It has been zoned P-1 
and R-5 since 1961. The site is within the Capitol District Transit-Oriented 
Communities (TOC) planning area and less than one block from the Downtown 
Code area. 
  
2.  The General Plan Land Use Map 
designation for this site is Commercial, 
which accommodates office, retail, 
service, and multifamily development. 
The proposed Walkable Urban Code 
mixed-use transect is consistent with 
the designation. The General Plan 
Land Use Map designations to the 
north, east, and south are Commercial. 
The General Plan Land Use Map 
designation to the west is Residential 
10 to 15 dwelling units per acre. 
 
General Plan Land Use Map, Source: 
Planning and Development Department

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August 2, 2024 
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3.  Transit Oriented Development Strategic Policy Framework 
 The Transit Oriented Development 
Strategic Policy Framework is part of 
the City’s General Plan which identified 
planning typologies to describe urban 
environments. The subject site is within 
one half-mile of the planned light rail 
station at 7th Avenue and Washington 
Street / Jefferson Street. The identified 
environment for the station is Medium 
Urban Center. Medium Urban Center is 
a place type characterized by medium 
intensity with building heights typically 
from three to six stories with incentive 
heights of up to 10 stories. Land uses 
may include destination retail and 
entertainment, mid-rise living, and low-
rise office employment. The proposed 
WU Code Transect allows a mix of 
uses up to 48 feet in height, and is 
consistent with this place type. 
 
 
TOD Strategic Policy Framework 
Placetypes, Source: Planning and 
Development Department 
  
EXISTING CONDITIONS AND SURROUNDING ZONING 
4. The subject site is zoned P-1 and R-5 
RI and contains a surface parking lot 
and one single-family home. To the 
west (across 9th Avenue) and east are 
single-family residences zoned R-5 RI. 
To the north are single-family and 
multifamily residences zoned R-5 RI. 
To the south, across Fillmore Street, is 
the now-vacant former Mercy Hill 
Church property zoned WU Code T5:5, 
which is planned for multifamily 
residential and was the subject of 
Rezoning Case Z-61-22-7 approved in 
2023. 
 
Zoning Aerial Map, Source: Planning and 
Development Department 
 
PROPOSAL 
5. The proposed WU Code T5:3 District is described as a low-intensity urban 
mixed-use fabric characterized by small main street scale commercial areas, 
adaptive reuse of single-family homes to retail, office uses, dining 
establishments, and mixed-use residential developments incorporating a broad 
mix of frontage types up to 48 feet in height. As shown on the conceptual site 
plan attached as an exhibit, the proposed development will be a two-story church

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August 2, 2024 
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with frontages adjacent to the streets and a surface parking lot set back from the 
street and behind the building. The site will provide vehicular access with two 
driveways, one on each street frontage and pedestrian access with common 
entries on each frontage of the building. The site will provide the required 22 
parking spaces with 19 spaces on site and three on-street spaces along Fillmore 
Street. The conceptual building elevations, attached as an exhibit, show a 
building design with a variety of colors, articulation, and elements that create 
visual interest. 
  
AREA PLANS, OVERLAY DISTRICTS, AND INITIATIVES 
6. Comprehensive Bicycle Master Plan 
The City of Phoenix adopted the Comprehensive Bicycle Master Plan in 2014 to 
guide the development of its Bikeway System and supportive infrastructure. The 
Comprehensive Bicycle Master Plan supports options for both short- and long-
term bicycle parking as a means of promoting bicyclist traffic to a variety of 
destinations. The proposed development incorporates bicycle parking, per the 
WU Code, and additional requirements for any future multifamily residential 
development, pursuant to Stipulation No. 9. 
  
7. Complete Streets Guiding Principles 
In 2014, the City of Phoenix City Council adopted the Complete Streets Guiding 
Principles. The principles are intended to promote improvements that provide an 
accessible, safe, connected transportation system to include all modes, such as 
bicycles, pedestrians, transit, and vehicles. The proposed WU Code transect 
requires urban street frontages that enhance the pedestrian environment in the 
vicinity of the development. The proposal maintains the existing detached 
sidewalks and landscape areas, which will be replenished per the WU Code 
landscaping standards to provide shade for the adjacent sidewalks. This is 
addressed in Stipulation No. 10. 
  
8.  Tree and Shade Master Plan 
The Tree and Shade Master Plan encourages treating the urban forest as 
infrastructure to ensure the trees are an integral part of the City’s planning and 
development process. Sidewalks on the street frontages should be detached 
from the curbs to allow trees to be planted on both sides of the sidewalk to 
provide thermal comfort for pedestrians and to reduce the urban heat island 
effect. WU Code standards require that all sidewalks be shaded to a minimum of 
75 percent, and Stipulation No. 10 requires the existing landscape area between 
the sidewalk and curb be replenished which will facilitate the required shade 
coverage. 
  
9. Transportation Electrification Action Plan 
In June 2022, the Phoenix City Council approved the Transportation 
Electrification Action Plan. The current market desire for the electrification of 
transportation is both a national and global phenomenon, fueled by a desire for

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better air quality, a reduction in carbon emissions, and a reduction in vehicle 
operating and maintenance costs. Businesses, governments and the public are 
signaling strong future demand for electric vehicles (EVs), and many automobile 
manufacturers have declared plans for a transition to fully electric offerings within 
the coming decade. This Plan contains policy initiatives to prepare the City for a 
future filled with more EVs, charging infrastructure and e-mobility equity, and 
outlines a roadmap for a five-step plan to prepare for the EV infrastructure needs 
of 280,000 EVs in Phoenix by 2030. One goal of the Plan to accelerate public 
adoption of electric vehicles through workplace, business, and multifamily 
charging infrastructure recommends a standard stipulation for rezoning cases to 
provide EV charging infrastructure. Stipulation No. 1 provides requirements for 
electric vehicle parking, charging and infrastructure. 
  
10. Conservation Measures for New Development 
In June 2023, the Phoenix City Council adopted the Conservation Measures for 
New Development policy as part of a resolution addressing the future water 
consumption of new development (Resolution 22129). This resolution addresses 
the future water consumption of new development to support one of the City’s 
Five Core Values in the General Plan which calls for Phoenix to “Build the 
Sustainable Desert City”. The Conservation Measures for New Development 
policy includes direction to develop standards for consideration as stipulations 
for all rezoning cases that will address best practices related to water usage in 
nine specific categories. This is addressed in Stipulation Nos. 2 through 8. 
   
11. Zero Waste PHX 
The City of Phoenix is committed to its waste diversion efforts and has set a goal 
to become a zero-waste city, as part of the city’s overall 2050 Environmental 
Sustainability Goals. One of the ways Phoenix can achieve this is to improve and 
expand its recycling and other waste diversion programs. Section 716 of the 
Phoenix Zoning Ordinance establishes standards to encourage the provision of 
recycling containers for multifamily, commercial and mixed-use developments 
meeting certain criteria. The proposed development will incorporate recycling 
services. 
  
COMMUNITY INPUT SUMMARY 
12. At the time this staff report was written, staff has not received any community 
correspondence on this proposal. 
 
 
INTERDEPARTMENTAL COMMENTS 
13. The Street Transportation Department requested stipulations to require 
replenishing the existing landscape areas in the right-of-way with landscaping, to 
limit vehicular access points to one per street, to replace unused driveways with 
curb, gutter, and sidewalk, and that all streets be constructed with the required 
improvements and comply with ADA accessibility standards. This is addressed in 
Stipulation Nos. 10 through 13.

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August 2, 2024 
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14. The Aviation Department requires that the property owner record a Notice to 
Prospective Purchasers of Proximity to Airport in order to disclose the existence, 
and operational characteristics of City of Phoenix Sky Harbor International 
Airport (PHX) to future owners or tenants of the property. This is addressed in 
Stipulation No. 14. 
  
OTHER 
15. The site has not been identified as being archaeologically sensitive. However, in 
the event archaeological materials are encountered during construction, all 
ground disturbing activities must cease within 33-feet of the discovery and the 
City of Phoenix Archaeology Office must be notified immediately and allowed 
time to properly assess the materials. This is addressed in Stipulation No. 15. 
  
16. Staff has not received a completed form for the Waiver of Claims for Diminution 
in Value of Property under Proposition 207 (A.R.S. 12-1131 et seq.), as required 
by the rezoning application process. Therefore, a stipulation has been added to 
require the form be completed and submitted prior to final site plan approval. 
This is addressed in Stipulation No. 16. 
  
17. Development and use of the site is subject to all applicable codes and 
ordinances. Zoning approval does not negate other ordinance requirements. 
Zoning adjustments, abandonments or other formal actions may also be 
required. 
 
Findings 
 
1. 
The proposal is consistent with the General Plan Land Use Map designation 
and the Transit Oriented Development Strategic Policy Framework vision for 
the site. 
  
2. 
The proposal will redevelop an underutilized surface parking lot with a 
neighborhood-scale church that will contribute to the mix of uses in the area. 
  
3. 
As stipulated, the proposal provides enhanced pedestrian and bicycle 
amenities consistent with the Transit Oriented Development Strategic Policy 
Framework, Comprehensive Bicycle Master Plan, Tree and Shade Master 
Plan, and the Complete Streets Guiding Principles. 
 
Stipulations 
 
1. 
A minimum of 5% of the required parking spaces shall include Electric Vehicle 
(EV) Installed Infrastructure, as approved by the Planning and Development 
Department.

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August 2, 2024 
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2. 
Only landscape materials listed in the Phoenix Active Management Area Low-
Water-Use/Drought-Tolerant Plant List shall be utilized, as approved or 
modified by the Planning and Development Department. 
 
 
3. 
Natural turf shall only be utilized for required retention areas (bottom of basin, 
and only allowed on slopes if required for slope stabilization) and functional 
turf areas located on properties for uses such as parks, schools, and 
residential common areas, as approved by the Planning and Development 
Department. 
 
 
4. 
Pressure regulating sprinkler heads and/or drip lines shall be utilized in any 
turf areas to reduce water waste. 
 
 
5. 
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. 
 
 
6. 
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. 
 
 
7. 
A minimum of one green stormwater infrastructure (GSI) element 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. 
 
 
8. 
Prior to final site plan approval, documentation shall be provided that 
demonstrates a commitment to participate in the Business Water Efficiency 
Program for a minimum of 10 years, or as approved by the Planning and 
Development Department. 
 
 
9. 
If multifamily residential use is provided, the following additional standards for 
bicycle parking shall apply, as approved by the Planning and Development 
Department. 
 
 
 
a. All required bicycle parking, per Section 1307.H.6.d of the Phoenix 
Zoning Ordinance, shall be secured parking.

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August 2, 2024 
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b.  Guest bicycle parking shall be provided at a minimum of 0.05 spaces per 
unit with a maximum of 50 spaces near entrances of buildings and 
installed per the requirements of Section 1307.H. of the Phoenix Zoning 
Ordinance. 
 
 
10. The existing landscape areas within the right-of-way along 9th Avenue and 
Fillmore Street shall be maintained and replenished per the landscape 
standards of Section 1309 of the Zoning Ordinance, 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. 
 
 
11. Vehicular access points to 9th Avenue and Fillmore Streets shall be limited to 
no more than one vehicular access point per street. 
 
 
12. Replace unused driveways with sidewalk, curb, and gutter. Also, replace any 
broken or out-of-grade curb, gutter, sidewalk, and curb ramps on all streets 
and upgrade all off-site improvements to be in compliance with current ADA 
guidelines. 
 
 
13. 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. 
 
 
14. The property owner shall record documents that disclose the existence, and 
operational characteristics of Phoenix Sky Harbor Airport to future owners or 
tenants of the property. The form and content of such documents shall be 
according to the templates and instructions provided which have been 
reviewed and approved by the City Attorney. 
 
 
15. 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. 
 
 
16. 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.

Staff Report: Z-71-24-7 
August 2, 2024 
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Writer 
Anthony Grande 
August 2, 2024 
 
Team Leader 
Racelle Escolar 
 
 
Exhibits  
Sketch Map 
Aerial Map 
Conceptual Site Plan Date Stamped May 22, 2024  
Conceptual Elevations Date Stamped May 22, 2024