Attachment D - PC Summary - Z-71-24-7.pdf

City of Phoenix — Formal (2024-10-02)

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REPORT OF PLANNING COMMISSION ACTION 
September 5, 2024 
ITEM NO: 11 
DISTRICT NO.: 7
SUBJECT:
Application #: 
Z-71-24-7
Location: 
Northeast corner of 9th Avenue and Fillmore Street  
From: 
R-5 RI and P-1
To: 
WU Code T5:3 
Acreage:
0.87
Proposal: 
Church 
Applicant: 
Martha Baker, MoD a+p 
Owner: 
Mercy Hill Development, LLC c/o Med Skeens 
Representative: Moazam Khan, MoD a+p 
ACTIONS: 
Staff Recommendation: Approval, subject to stipulations. 
Village Planning Committee (VPC) Recommendation: 
Central City 8/12/2024 Approval, per the staff recommendation. Vote: 8-2. 
Planning Commission Recommendation: Approval, per the Central City Village Planning 
Committee recommendation. 
Motion Discussion: N/A 
Motion details: Commissioner Gorraiz made a MOTION to approve Z-71-24-7, per the Central 
City Village Planning Committee recommendation. 
 
Maker: Gorraiz 
 
Second: Boyd 
 
Vote: 8-0 
Absent: Jaramillo  
 
Opposition Present: No 
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.
ATTACHMENT D

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. 
 
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. 
 
 
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. 
 
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.