Attachment B - VPC Summary - Z-6-12-2.pdf

City of Phoenix — Formal (2024-09-04)

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City of Phoenix • Planning & Development Department 
200 West Washington Street, 3rd Floor • Phoenix, Arizona  85003-1611 • (602) 262-6882 
Village Planning Committee Meeting Summary 
PHO-3-24--Z-6-12-2  
Date of VPC Meeting 
July 11, 2024 
Date of Planning Hearing 
Officer Hearing 
July 17, 2024 
Request 
Modification of Stipulation 2 regarding the review of the 
conceptual site plan and elevations. 
Location 
Southwest corner of North Valley Parkway and 
Sonoran Desert Drive 
VPC Recommendation 
Approval with a modification and an additional 
stipulation 
VPC Vote 
8-0
VPC DISCUSSION & RECOMMENDED STIPULATIONS:
One member of the public registered to speak in support of this item and one member 
of the public registered to speak in opposition. 
Staff Presentation: 
Matteo Moric, staff, provided information regarding the location of the site, the entitled 
zoning, and the request. Mr. Moric stated the zoning of the site is C-2 M-R NBCOD 
(Intermediate Commercial, Mid-Rise District, North Black Canyon Overlay District) 
which was established in 2012. Mr. Moric provided background on area plans and 
overlays, indicating that the subject site is in the North Black Canyon Corridor Plan and 
Overlay District (NBCOD) and within both the Infrastructure Limit Line of the North Black 
Canyon Corridor Plan and within the North Gateway Village Core Plan area. Mr. Moric 
shared the approved stipulations of the entitled zoning, the stipulations associated with 
the request, and the proposed site plan and building elevations. Mr. Moric described the 
proposal as a 3,843 square foot restaurant with a drive-through on a 2.6-acre site and 
identified other characteristics of the site plan. 
Applicant Presentation: 
Paul Gilbert, representative with Gilbert Blilie, PLLC, introduced himself and the 
development team and then provided an overview of the proposal. Mr. Gilbert stated 
that the representatives from the development team were present to answer questions 
from the Committee. Mr. Gilbert discussed the history of the site, the development of the 
ATTACHMENT B

North Gateway Village Planning Committee 
Meeting Summary 
PHO-3-24--Z-6-12-2 
Page 2 of 11 
 
 
City of Phoenix • Planning & Development Department 
200 West Washington Street, 3rd Floor • Phoenix, Arizona  85003-1611 • (602) 262-6882 
stipulations, and review requirements. Mr. Gilbert stated that the initial approval in 2012 
included commercial and residential development. Mr. Gilbert discussed the restaurant 
use and the inclusion of a drive-through which will require additional action. Mr. Gilbert 
stated that a Special Permit (Z-SP-2-23-2) for a self-storage facility has been approved 
south of the proposed restaurant. Mr. Gilbert noted that the existing driveway adjacent 
to the single-family residences will be removed and relocated and then displayed the 
existing and proposed driveways. Mr. Gilbert noted that the restaurant was intentionally 
located as far north as possible to be located away from the nearby single-family 
residences. Mr. Gilbert stated they have met with nine neighbors and the information 
presented includes their input. Mr. Gilbert provided copies of the site plan and reviewed 
the details, noting the building and landscape setbacks, retention basins, pedestrian 
connections, parking, outdoor patio, and the relocation of the waste enclosure. Mr. 
Gilbert presented the conceptual elevations, noting the height and variation of materials 
and colors. Mr. Gilbert stated that with the first development to start construction, either 
the restaurant or the self-storage facility, the driveway adjacent to the single-family 
residences will be removed as part of the project, and this is presented in the draft 
stipulation. Mr. Gilbert stated that the proposed stipulation that reflects the removal of 
the driveway is a request from the residential neighbors. Mr. Gilbert requested that the 
additional stipulation, as presented, be approved by the Committee. Mr. Gilbert stated 
that he will work with City staff to revise the stipulation as needed to ensure that it 
achieves the intent, prior to the Planning Hearing Officer hearing. Mr. Gilbert added that 
the restaurant is a lease, and the property will still be owned by the current property 
owner, who will be motivated to ensure the property is well-maintained. 
 
Questions from the Committee: 
Chair Read asked if the stipulation prepared by Mr. Gilbert was available for the 
Committee and asked Mr. Gilbert to read it aloud. Mr. Gilbert responded and read the 
stipulation.  
 
Unless the relocated driveway is under construction on the adjacent self-storage 
parcel, as approved in Z-SP-2-23-2, as part of construction of the McDonald's 
restaurant in conjunction with case PHO-3-24-Z-6-12-2, the existing driveway located 
adjacent to the single-family homes shall be relocated as part of the McDonald's 
construction in accordance with the self-storage facility plans for the relocated driveway 
pursuant to the approved site plan dated May 18, 2023 (Z-SP-2- 23-2 Stipulation #1). 
So that if the McDonald's restaurant commences construction prior to the adjacent self-
storage facility, construction of the referenced relocated driveway shall be a part of 
McDonald's improvements. 
 
Mr. Johnson asked for clarification that the driveway would be relocated with the 
restaurant construction, to be located as depicted on the self-storage facility plans, if 
the self-storage facility has not started construction yet. Mr. Gilbert responded 
affirmatively.    
 
Scott McGill commented that he appreciates Mr. Gilbert’s responsiveness to the 
neighbors’ comments and the inclusion of the patio and the pedestrian connectivity. Mr. 
McGill asked if retention for the site could be placed underground. Mr. Gilbert

North Gateway Village Planning Committee 
Meeting Summary 
PHO-3-24--Z-6-12-2 
Page 3 of 11 
 
 
City of Phoenix • Planning & Development Department 
200 West Washington Street, 3rd Floor • Phoenix, Arizona  85003-1611 • (602) 262-6882 
responded that the retention was planned for above ground with a restriction depth of 
two feet.   
 
Kylie Kennelly asked if the outdoor seating area will have shade coverage. Scott 
Audsley, the McDonalds Area Construction Manager, responded that the outdoor 
seating area is to be located on the north side of the building for shade coverage from 
the building and that the patio area has not been designed yet, but there are some 
options. Mr. Audsley stated that they would avoid any extended structures from the 
building as it could become more involved when needing to put in support columns.  
 
Vice Chair Ricart stated that it would be preferable to keep the patio area open due to 
the potential for bicyclists coming in, for those with dogs, and because of some 
concerns from neighbors of unhoused people living in a shaded patio area. Vice Chair 
Ricart added that it seems to be more safe and secure if it is left open. 
 
Mr. McGill concurred, noting that columns and other features could create visual 
impairments on the site.  
 
Chair Read stated that she believes it would be sufficient if umbrellas were to be 
placed where the tables are located. 
 
Vice Chair Ricart stated that including bicycle racks is a good design feature for the 
site.  
 
Andrea Crouch asked about the glass reflectivity as shown on the building elevations. 
Mr. Audsley responded that the windows will be tinted with little reflectivity that will be 
similar to the adjacent convenience store and that the restaurant will have a similar 
exterior appearance to other restaurants in the area.  
 
Mr. Gilbert added that the building’s exterior conforms to the overlay architectural 
design requirements for the area.  
 
Vice Chair Ricart asked about the restaurant’s operating hours and exterior sign 
illumination. Mr. Audsley responded the hours are 5:00 a.m. to 11:00 p.m. and the 
monument sign will be illuminated and will be part of the site’s comprehensive sign 
plan that will be reviewed with the neighborhood. Vice Chair Ricart asked about the 
adjacent vacant commercial pad to the south and if there was interest in development 
at that location. Mr. Gilbert responded that they do not have any plans for that site. Mr. 
Gilbert added that several offers have been written but there have not been any 
decisions made yet on what that user will be. Vice Chair Ricart asked for clarification 
that the user for the adjacent vacant commercial pad to the south would come back to 
the North Gateway Village Planning Committee for review and approval of the site plan 
and elevations. Mr. Gilbert responded affirmatively. Vice Chair Ricart asked about the 
site layout and for clarification on what is located in between the parking on the west 
side of the site, adjacent to the Circle K site, and the parking on the east side of the 
Circle K site. Vice Chair Ricart stated that there were previous plans for a car wash on 
the adjacent Circle K site. Mr. Gilbert responded that landscaping is currently located

North Gateway Village Planning Committee 
Meeting Summary 
PHO-3-24--Z-6-12-2 
Page 4 of 11 
 
 
City of Phoenix • Planning & Development Department 
200 West Washington Street, 3rd Floor • Phoenix, Arizona  85003-1611 • (602) 262-6882 
between the two parking rows on both sites, and that he believes Circle K obtained a 
Use Permit for a car wash in the past for that location, but it did not move forward.   
 
Mr. Johnson asked for clarification that the location of the existing driveway on the 
south side of the site would connect to the Circle K site. Mr. Gilbert responded 
affirmatively. Mr. Johnson asked for clarification that the vehicular access to the site 
coming from the south, heading northbound on North Valley Parkway, would need to 
cut through the self-storage facility site and the adjacent vacant commercial pad site. 
 
Chair Read stated that the vehicular access coming from the south would be cutting 
through the parking areas. 
 
Vice Chair Ricart stated that her concerns were that large moving trucks may be 
parked and in the way of the driveway aisle of the self-storage facility. Chris Ryan, the 
National Real Estate Manager for McDonald’s, responded that there are two points of 
ingress and egress to the McDonald’s site to the south. Mr. Ryan stated that there is a 
right-in/right-out access just south of the intersection, and a full movement access 
further south. Mr. Ryan added that not all traffic will be flowing from the south, heading 
northbound on North Valley Parkway. Mr. Ryan stated that there would be just as much 
traffic flowing southbound on North Valley Parkway as there would be flowing 
northbound.  
 
Mr. Johnson stated that if a vehicle is coming from the south, there is only one way to 
access the McDonald’s site. Mr. Ryan responded affirmatively and noted that it would 
be similar to vehicular access for other commercial centers with cross access. Mr. 
Johnson asked who would own the driveway on the properties to the south.  
 
Mr. Gilbert responded that the landlord would own the driveway and the properties will 
each be under a lease.  
 
Vice Chair Ricart stated that she is worried about the adjacent vacant commercial pad 
given the vehicular access. Mr. Gilbert responded that it would come back to the 
Committee for review and approval through the Planning Hearing Officer public hearing 
process once a user is confirmed. 
 
Chair Read stated that the user is still unknown for the adjacent vacant commercial 
pad and noted that through discussions she had with McDonald’s, the site plan was 
redesigned to accommodate for concerns shared by Chair Read. Chair Read stated 
that she requested the drive-through queue to be extended in order to avoid the queue 
from blocking vehicular access across the site. Chair Read asked Mr. Ryan to explain 
the redesign. Mr. Ryan explained that the landscape island located between the drive-
through lanes and the driveway to the south was extended further to the west in order 
to avoid the drive-through queue backing up into the driveway to the south. Chair 
Read added that the redesign was intended to make it more difficult for drivers coming 
from the south to make the immediate right turn into the McDonald’s drive-through 
lanes and to force drivers to go around instead. Chair Read asked Mr. Ryan to explain 
the other items that were redesigned after their discussions. Mr. Ryan explained that

North Gateway Village Planning Committee 
Meeting Summary 
PHO-3-24--Z-6-12-2 
Page 5 of 11 
 
 
City of Phoenix • Planning & Development Department 
200 West Washington Street, 3rd Floor • Phoenix, Arizona  85003-1611 • (602) 262-6882 
adjustments were made for delivery truck access to prevent the delivery truck from 
parking in the driveway aisle. Mr. Ryan added that other adjustments made were the 
additions of bicycle parking and the outdoor patio, the retention basins, and relocation 
of the trash enclosure. Chair Read asked Mr. Ryan to discuss the landscaping on the 
west side of the adjacent parcel to the south, adjacent to the single-family residences. 
Mr. Ryan stated that they would be willing to plant trees in the landscape buffer 
adjacent to the single-family residences in order to create a buffer to the commercial 
development.  
 
Paul Carver commended the applicant for positively responding to the neighbors’ 
concerns and asked if lighting has been considered for the site. Mr. Gilbert responded 
affirmatively, noting that site lighting is regulated by the Phoenix Zoning Ordinance, 
and that there will not be any light spillage to the adjacent residential development. 
 
Vice Chair Ricart commented that there is a planned multifamily residential 
development on the parcel across North Valley Parkway and that there is a crosswalk 
at the intersection of North Valley Parkway and Sonoran Desert Drive.  
 
Chair Read stated that walkability and the outdoor patio were important because of the 
planned residential developments in the surrounding area. Chair Read added that 
many people in the community use the walking trails in the area and there is a lot of 
walking in the community.  
 
Vice Chair Ricart noted that many of the surrounding multifamily residential 
developments have dog parks and dog wash stations, so there will be many residents 
that have dogs and walk in the area.  
 
Ms. Crouch asked if there will be adequate accessible parking for the development. 
Mr. Gilbert responded affirmatively, noting that the development meets all the Phoenix 
Zoning Ordinance requirements and exceeds some requirements.   
 
Chair Read commented that McDonald’s comes very frequently to rate everything 
about their restaurant locations, noting that paint on the exterior would be addressed 
very quickly if there ever is an issue.  
 
Mr. Gilbert added that the restaurant is a lease, so the landlord would be checking on 
it very carefully as well. 
 
Chair Read noted that the bus pad has already been completed.            
 
Public Comments:  
Buddy Schultz introduced himself as a resident of the nearby Sonoran Commons 
community and commented on the proposed development of the self-storage facility 
south of the site. Mr. Schultz stated that safety was one of the main concerns of the 
self-storage facility regarding removal and relocation of the driveway adjacent to the 
single-family homes. Mr. Schultz stated that the removal and relocation of the driveway 
is very important in order to enhance the safety and quality of life for the adjacent

North Gateway Village Planning Committee 
Meeting Summary 
PHO-3-24--Z-6-12-2 
Page 6 of 11 
 
 
City of Phoenix • Planning & Development Department 
200 West Washington Street, 3rd Floor • Phoenix, Arizona  85003-1611 • (602) 262-6882 
residents. Mr. Schultz stated that the applicant worked with the residents of Sonoran 
Commons which resulted in the stipulation that Mr. Gilbert had originally wrote. Mr. 
Schultz stated that he received the revised stipulation language that was written by City 
staff that same day, which he felt was not inclusive of the original intent that was agreed 
to by the residents of the community. Mr. Schultz stated that he did not understand the 
revised stipulation and that he does not believe it conveys the right message. Mr. 
Schultz stated that his primary concern was with the revised stipulation language 
provided by City staff.  
 
Rosa Somohano introduced herself as a resident on Rancho Laredo Drive in the 
nearby Sonoran Commons community, opposed to the project. Ms. Somohano stated 
that she is not supportive of the restaurant and drive-through proposal. Ms. Somohano 
expressed concerns with traffic congestion. Ms. Somohano stated that the vehicular 
access to the Sonoran Commons community is a huge hassle. Ms. Somohano stated 
that if a restaurant was developed on the site, it should be a locally owned restaurant, 
not a fast-food chain.   
 
Applicant Response to Public Comments: 
Mr. Gilbert responded that he did not have a rebuttal to the comments provided and 
stated that the applicant is fine with using either the stipulation language drafted by Mr. 
Gilbert or by City staff. Mr. Gilbert added that they did not receive the stipulation 
language drafted by City staff until the day prior, so they did not have a lot of time to 
review it either, but he believes it still works. Mr. Gilbert expressed as a matter of record 
that he will work with City staff to make the stipulation more neighborhood friendly. Mr. 
Gilbert indicated that he hopes to work with City staff to create a stipulation that works 
for everyone. Mr. Gilbert stated that the main item of concern was removal and 
relocation of the driveway, that it is very important, and that the applicant is committed 
and prepared to do it.  
 
Discussion: 
Chair Read commented that when rezoning cases come before the Committee, 
members may or may not agree with a use proposed. Chair Read stated that the 
Committee does not get to choose particular businesses to be located at a site, and 
they are instead required to evaluate the application, stipulations, and other 
requirements to determine if the proposal fits into the subject area, based on adopted 
policies, the Village Core area, overlays, and plans for the area. Chair Read stated that 
the Committee has control over the stipulations, which will result in adjustments to the 
site plans and elevations in order for it to fit as best as they think it can within the 
Village. Chair Read stated that the list of permitted uses in the C-2 (Intermediate 
Commercial) zoning district is very extensive and there could be a worse use proposed. 
Chair Read added that it is not the Committee’s purview as to which use should be 
located on the site since they do not own the property, but Committee members can 
provide feedback when receiving calls from land use attorneys or developers on 
proposed users for a site. Chair Read stated that they have done a really good job 
working with the Community and Economic Development Department to ask for more 
small businesses and locally owned restaurants, but the main problem in the North 
Gateway Village is land value and risk for small businesses.

North Gateway Village Planning Committee 
Meeting Summary 
PHO-3-24--Z-6-12-2 
Page 7 of 11 
 
 
City of Phoenix • Planning & Development Department 
200 West Washington Street, 3rd Floor • Phoenix, Arizona  85003-1611 • (602) 262-6882 
Mr. McGill stated that as a commercial real estate broker and developer there are many 
financial risks and expenses that prevent small businesses from succeeding. 
 
Chair Read stated that if the entitlements for the McDonald’s proposal are all approved 
and it is built, she has asked McDonald’s to have a representative available to respond 
to any community concerns, such as traffic, pollution, or odors, and address them right 
away. Chair Read stated that she takes her role on the Committee very seriously and 
ensures there are safeguards in place to protect the community and ensures that the 
community has a voice. 
 
Vice Chair Ricart added that Chair Read lives nearby and would be able to see the 
McDonald’s restaurant from her backyard every day.  
 
Mr. Gilbert assured that they will be responsive to any community concerns. 
 
Mr. Carver stated that there is a lot of value in supporting the version of the stipulation 
that Mr. Gilbert drafted because it reflects the community’s input. Mr. Carver stated that 
the revised version provided by City staff has caused anxiety and by using the 
applicant’s version it would go a long way to support the community. 
 
MOTION – PHO-3-24--Z-6-12-2:  
Mr. Carver motioned to recommend approval of PHO-3-24--Z-6-12-2 with a 
modification and an additional stipulation. Aaron Stein seconded the motion.  
 
VOTE – PHO-3-24--Z-6-12-2:  
8-0; motion to recommend approval of PHO-3-24--Z-6-12-2 passes with Committee 
members Carver, Crouch, Johnson, Kennelly, McGill, Stein, Ricart, and Read in favor. 
 
Stipulations listed for clarity: 
 
 
2.  
Unless the relocated driveway is under construction on the adjacent 
self-storage parcel, as approved in Z-SP-2-23-2, as part of 
construction of the McDonald's restaurant in conjunction with case 
PHO-3-24-Z-6-12-2, the existing driveway located adjacent to the 
single-family homes shall be relocated as part of the McDonald's 
construction in accordance with the self-storage facility plans for the 
relocated driveway pursuant to the approved site plan dated May 18, 
2023 (Z-SP-2- 23-2 Stipulation #1). So that if the McDonald's 
restaurant commences construction prior to the adjacent self-storage 
facility, construction of the referenced relocated driveway shall be a 
part of McDonald's improvements. 
 
 
25. 
The restaurant portion of the commercial property shall be in general 
conformance with the site plan date stamped July 11, 2024 and 
elevations date stamped May 31, 2024.

North Gateway Village Planning Committee 
Meeting Summary 
PHO-3-24--Z-6-12-2 
Page 8 of 11 
 
 
City of Phoenix • Planning & Development Department 
200 West Washington Street, 3rd Floor • Phoenix, Arizona  85003-1611 • (602) 262-6882 
VPC APPROVED STPULATIONS: 
 
SITE PLAN AND ELEVATIONS – RESIDENTIAL PORTION 
 
1. 
The development shall be in general conformance with the site plan and 
elevations date stamped February 1, 2012, as modified by the following 
stipulations and approved by the Planning and Development Department. 
 
SITE PLAN AND ELEVATIONS – COMMERCIAL PORTION 
 
2. 
Conceptual site plan(s) and elevations shall be reviewed and approved by the 
Planning Hearing Office through the Public Hearing process for stipulation 
modification prior to preliminary site plan as each parcel is to be developed. 
This is a legislative review for conceptual purposes only. Specific Development 
standards and requirements may be determined by the Planning Hearing 
Officer and the Planning and Development Department. THE RESTURANT 
PORTION OF THE COMMERICAL PROPERTY SHALL BE IN GENERAL 
CONFORMANCE WITH THE SITE PLAN DATE STAMPED MAY 31 JULY 11, 
2024 AND ELEVATIONS DATE STAMPED MAY 31, 2024. 
 
 
STREET TRANSPORTATION 
 
 
 3. 
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 or modified by the 
Planning and Development Department.  All improvements shall comply with 
ADA accessibility requirements. 
 
 
 4. 
Coordinate driveway locations, design, and construction with the City’s Street 
Transportation Department Capital Improvement Program project 
(ST85110090) and contact the project manager, Chris Kowalsky, at 602-495-
3697. 
 
 
 5. 
The sidewalk on North Valley Parkway and Sonoran Desert Drive shall be 
setback a minimum of eight feet from the back of curb as approved by the 
Planning and Development Department. 
 
 
 6. 
The developer shall dedicate right-of-way totaling 70 feet for the west half of 
North Valley Parkway for the entire frontage as approved by the Street 
Transportation Department and Planning and Development Department. 
 
 
 7. 
The developer shall construct roadway improvements at a width of 52 feet to 
the face of curb for the west half street improvements to North Valley Parkway 
for the entire frontage of the site as approved by the Street Transportation and 
Planning and Development Departments.

North Gateway Village Planning Committee 
Meeting Summary 
PHO-3-24--Z-6-12-2 
Page 9 of 11 
 
 
City of Phoenix • Planning & Development Department 
200 West Washington Street, 3rd Floor • Phoenix, Arizona  85003-1611 • (602) 262-6882 
 8. 
The developer shall dedicate sufficient right-of-way to accommodate a bus bay, 
including a transit accessory pad, on North Valley Parkway south of Sonoran 
Desert Drive in accordance with Standard Detail P1256-2. 
 
 
 9. 
The developer shall provide a bus bay, including a transit accessory pad, on 
North Valley Parkway south of Sonoran Desert Drive in accordance with 
Standard Detail P1256-2. 
 
 
 10. The developer shall provide conduit and junction boxes at Sonoran Desert Drive 
and North Valley Parkway for future traffic signal equipment on the southwest 
corner of the intersection.  The plan is to be submitted to the Street 
Transportation Department for review and approval. Submittal will be made as a 
separate document that shows the entire intersection with existing conduit runs 
and junction boxes.  The Developer will submit the approved plan to the Civil 
Plans Coordinator as part of the civil engineering plan set. All work related to 
the construction or reconstruction of the conduit runs and junction box 
installation is the responsibility of the Developer. 
 
 
 11. A letter shall be submitted to the Street Transportation Department Traffic 
Signals Engineer that indicates the applicant’s commitment to pay 25% for the 
cost of traffic signals at North Valley Parkway and Sonoran Desert Drive when 
the Street Transportation Department warrants the installation of the signal 
infrastructure.   
 
 
 12. The developer shall dedicate right-of-way totaling a minimum of 70 feet for the 
south half of Sonoran Desert Drive for the entire frontage as approved by the 
Street Transportation and Planning and Development Departments.  
Additionally, the developer shall dedicate sufficient right-of-way to 
accommodate an intersection flare for eastbound traffic at the southwest corner 
of North Valley Parkway and Sonoran Desert Drive. 
 
 
13. 
The developer shall work with the Street Transportation and Planning and 
Development Departments to provide for, as necessary, drainage and slope 
easements along Sonoran Desert Drive as defined in the Sonoran Desert Drive: 
Interstate 17 to North Valley Parkway Design Report, or as modified by the 
Street Transportation and Planning and Development Departments. 
 
 
14. 
The developer shall provide required pavement transitions, as necessary, on 
Sonoran Desert Drive to the west and on North Valley Parkway to the south, as 
approved by the Planning and Development Department. 
 
 
15. 
A 25-foot by 25-foot right-of-way triangle shall be dedicated at the southwest 
corner of the intersection of Sonoran Desert Drive and North Valley Parkway as 
approved by the Planning and Development Department. 
 
 
16. 
All driveway access points along Sonoran Desert Drive and North Valley 
Parkway shall be restricted to right-in / right-out turning movements only within

North Gateway Village Planning Committee 
Meeting Summary 
PHO-3-24--Z-6-12-2 
Page 10 of 11 
 
 
City of Phoenix • Planning & Development Department 
200 West Washington Street, 3rd Floor • Phoenix, Arizona  85003-1611 • (602) 262-6882 
660 feet of the intersection of Sonoran Desert Drive and North Valley Parkway 
as approved by the Planning and Development Department. 
 
 
17. 
A completed MAG Transportation Improvement Program Form shall be 
provided and submitted to the Street Transportation Department with a copy to 
the Planning & Development Department. 
 
 
18. 
Complete the Red Border Letter process to notify the Department of 
Transportation of development adjacent to the 1-17 freeway corridor and submit 
a copy to the Street Transportation Department and to the Planning & 
Development Department. 
 
 
OTHER  
 
 
19. 
The developer shall show the planned 69kV underground power lines on the 
site, landscape, and grading and drainage plans All utilities and other 
construction shall be coordinated with the City and APS so as to not conflict 
with the planned power lines. 
 
 
20. 
The applicant shall 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. Further archaeological monitoring 
and/or testing (trenching) may be necessary based on the results of the survey. 
 
 
21. 
Prior to final site plan approval, the property owner shall record documents that 
disclose to purchasers of the property within the development the existence and 
operational characteristics of the mining operation near the development, that it 
is an active mine, has the potential to be active seven days a week, 24 hours a 
day, and is anticipated to continue until the rock resources are exhausted, 
which could be for 20 or more years. The form and content of such documents 
shall be reviewed and approved by the Law Department. 
 
 
22. 
That prior to final site plan approval, the property owner shall record documents 
that disclose to purchasers of the property within the development the proximity 
to building heights up to 190 feet on the north, south and west and up to 56 feet 
on the east of the subject site. 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. 
 
 
23. 
That prior to preliminary site plan approval, the landowner shall execute a 
Proposition 207 Waiver of Claims in a form approved by the City Attorney's 
Office. 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. 
 
 
24. 
That the property owner shall record documents that disclose the existence, 
and operational characteristics of the Deer Valley Airport to future owners or

North Gateway Village Planning Committee 
Meeting Summary 
PHO-3-24--Z-6-12-2 
Page 11 of 11 
 
 
City of Phoenix • Planning & Development Department 
200 West Washington Street, 3rd Floor • Phoenix, Arizona  85003-1611 • (602) 262-6882 
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. 
 
 
25. 
UNLESS THE RELOCATED DRIVEWAY IS UNDER CONSTRUCTION ON 
THE ADJACENT SELF-STORAGE PARCEL, AS APPROVED IN Z-SP-2-23-2, 
AS PART OF CONSTRUCTION OF THE MCDONALD'S RESTAURANT IN 
CONJUNCTION WITH CASE PHO-3-24-Z-6-12-2, THE EXISTING DRIVEWAY 
LOCATED ADJACENT TO THE SINGLE-FAMILY HOMES SHALL BE 
RELOCATED AS PART OF THE MCDONALD'S CONSTRUCTION IN 
ACCORDANCE WITH THE SELF-STORAGE FACILITY PLANS FOR THE 
RELOCATED DRIVEWAY PURSUANT TO THE APPROVED SITE PLAN 
DATED MAY 18, 2023 (Z-SP-2- 23-2 STIPULATION #1). SO THAT IF THE 
MCDONALD'S RESTAURANT COMMENCES CONSTRUCTION PRIOR TO 
THE ADJACENT SELF-STORAGE FACILITY, CONSTRUCTION OF THE 
REFERENCED RELOCATED DRIVEWAY SHALL BE A PART OF 
MCDONALD'S IMPROVEMENTS. 
 
STAFF COMMENTS REGARDING VPC RECOMMENDATION: 
 
None.