Attachment D - PHO Application - Z-6-12-2.pdf
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49849 characters
To:
Date: June 14, 2024
From:
Departments Concerned
Joshua Bednarek
Planning & Development Department Director
Subject: P.H.O. APPLICATION NO. PHO-3-24--Z-6-12-2 – Notice of Pending
Actions by the Planning Hearing Officer
1.
Your attention is called to the fact that the Planning Hearing Officer will
consider the following case at a public hearing on July 17, 2024.
2.
Information about this case is available for review at the Zoning Counter in
the Planning and Development Department on the 2nd Floor of Phoenix City
Hall, telephone 602-262-7131, Option 6.
3.
Staff, please indicate your comments and respond electronically to
pdd.pho@phoenix.gov or you may provide hard copies at the Zoning Counter
in the Planning and Development Department on the second floor of Phoenix
City Hall by June 20, 2024.
DISTRIBUTION
Mayor’s Office (Tony Montola), 11th Floor
City Council (Stephanie Bracken), 11th Floor
Aviation (Jordan D. Feld )
CED (Michelle Pierson), 20th Floor
Fire Prevention (Joel Asirsan), 2nd Floor
Neighborhood Services (Gregory Gonzales, Lisa Huggins), 4th Floor
Parks & Recreation (Todd Shackelford), 16th Floor
Public Transit (Michael Pierce)
Street Transportation Department (Maja Brkovic, Josh Rogers, Alan Hilty, Chris Kowalsky),
5th Floor
Street Transportation - Ped. Safety Coordinator (Kurt Miyamoto), 5th Floor
Street Transportation - Floodplain Management (Tina Jensen, Priscilla Motola, Rudy Rangel),
5th Floor
Water Services (Don Reynolds, Victor Romo), 8th Floor
Planning and Development (Joshua Bednarek, Tricia Gomes), 3rd Floor
Planning and Development/Information Services (Ben Ernyei, Andrew Wickhorst), 4th Floor
Planning and Development/Historic Preservation Office (Kevin Weight), 3rd Floor
Planning Hearing Officer (Byron Easton, Teresa Garcia), 2nd Floor
Village Planner (Adrian Zambrano, North Gateway Village)
Village Planning Committee Chair (Julie Read, North Gateway Village)
ATTACHMENT D
PLEASE RESPOND ELECTRONICALLY TO TERESA GARCIA 2ND FLOOR, 602-262-7399
200 W. Washington St., 2nd Floor, Phoenix, AZ 85003 ● 602-626-7131
APPLICATION FOR PLANNING HEARING OFFICER ACTION
APPLICATION NO: PHO-3-24--Z-6-12-2
Council District: 2
Request For: Stipulation Modification
Reason for Request: Request to modify Stipulation 2 regarding the review of the conceptual site plan and elevations.
Contact Information
Name
Relationship
Type
Address
Phone
Fax
Email
Matt Updegraff
Applicant
1001 West Southern
Avenue
623-552-3189
matt.updegraff@kimley-
horn.com
Gary Davidson
(LDR-Sonoran
Parkway, LLC)
Owner
2801 East Camelback
Road, Suite 450,
Phoenix AZ 85016
Paul Gilbert-
Gilbert Billie
PLLC
Representative
701 North 44th Street,
Phoenix AZ 85008
Property Location: Southwest Corner of North Valley Parkway and Sonoran Desert Drive
Acreage: 2.61
Geographic Information
Zoning Map
APN
Quarter Section
Q7
204-13-612
Q54-23
Village:
North Gateway
An applicant may receive a clarification from the city of its interpretation or application of a statute, ordinance, code or authorized
substantive policy statement. To request clarification or to obtain further information on the application process and applicable
review time frames, please call 602-262-7131 (option 6), email zoning@phoenix.gov or visit our website at
https://www.phoenix.gov/pdd/licensing-time-frames
A Filing Fee had been paid to the City Treasurer to cover the cost of processing this application. The fee will be retained to cover
the cost whether or not the request is granted
I declare that all information submitted is true and correct to the best of my knowledge and belief. I acknowledge that any error in
my application may be cause for changing its normal scheduling.
Signature: ____________________________________________________ DATE: ___________________
Fee Information
Fee
Fee Waived
Fee Date
Purpose
$1,080.00
$0.00
05/31/24
PHO (1-2 stipulations)
kimley-horn.com
1001 W Southern Ave, Suite 131, Mesa, AZ 85210
480 207 2666
May 30, 2024
Planning Hearing Officer
Phoenix City Hall
Planning & Development Department
200 West Washington Street, 2nd Floor
Phoenix, Arizona 85003
RE: Modification of Stipulations of Case No. Z-6-12 (SWC Sonoran Desert Drive and
North Valley Parkway)
Dear Planning Hearing Officer:
This firm represents McDonalds regarding their proposed development which is
located at the southwest corner of Sonoran Desert Drive and North Valley Parkway,
Phoenix (the “Property”). The Property is subject to rezoning application Z-16-12
which granted zoning entitlements for the total +/- 30-acre site that included a
residential and future commercial development in 2012. During the initial rezoning the
commercial development was only shown as a location without a specific site plan
due to the market conditions at the time. As such a stipulation was included in the
stipulations to require a review by the Planning Hearing Officer of the site plan and
elevations of the commercial portion once the market conditions were viable for
development. This request seeks approval of minor modifications in order to
implement the city’s approval and long-term goals for this Property and modify the
current zoning stipulations to reflect the proposed development. The most recent
action for Case No. Z-6-12-2 was the City Council ratified this recommendation on
June 22, 2012.
McDonald’s is now ready to move forward with a proposed restaurant use on the
portion of the future commercial piece identified in the original site plan associated
with the zoning case. This development will serve the needs of the surrounding
population of existing and new residents in the developing community. This request
for a neighborhood-friendly service that has been thoughtfully designed to reduce any
impacts will provide meaningful employment opportunities and add value to the local
community. The proposal meets the development standards of the C-2 district and is
an ideal use of the Property as it maintains the intended use of commercial on the
arterial street corner. The proposal is situated adjacent to an existing gas station/c-
store (located west of the proposed McDonalds) and north of vacant commercial land
Page 2
kimley-horn.com
1001 W Southern Ave, Suite 131, Mesa, AZ 85210
480 207 2666
subject to C-2 (Commercial) zoning. The proposed McDonalds site layout and
elevations have been coordinated with the existing gas station and planned
commercial land to the south. Clearly, the project will not be detrimental to adjacent
properties or the general area especially given the Property’s primary access from a
major arterial thoroughfare and proximity to a variety of uses in the area.
Given the developed site plan for the commercial property, it is necessary and
appropriate to adhere to the 2012 stipulations requirements through the requested
Stipulation Modification. Accordingly, we respectfully request review of the conceptual
site plan and elevations for this portion of the commercial portion as part as outlined
in Case No. Z-6-12-2 below. The following is a legislative edit of the approved
stipulations with proposed revisions for each:
Stipulations with Modifications for Z-6-12-2:
SITE PLAN AND ELEVATIONS- COMMERCIAL PORTION
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 DATES STAMPED MAY 31, 2024
AND ELEVATIONS DATE STAMPED MAY 31, 2024.
Note: The request seeks to allow a new site plan for the proposed
restaurant on the +/- 2.60 acre Property that is adjacent to
Sonoran Desert Drive and North Valley Parkway. The proposal
meets the minimum C-2 (Commercial) zoning requirements and is
in a location that was approved by City Council in 2012 for a larger
commercial and residential development.
In summary, the requested modifications to the stipulations under Case No. Z--6-\12-
2 will allow McDonalds to complete development as originally contemplated in 2012.
Page 3
kimley-horn.com
1001 W Southern Ave, Suite 131, Mesa, AZ 85210
480 207 2666
As with many projects, particularly after the passage of time, appropriate changes are
necessary. However, the proposed building and improvements will fulfill the same
demands as the original approval in a manner that will be positive for the area. For
these reasons and those stated above, we request approval of this application.
Very truly yours,
KIMLEY-HORN AND ASSOCIATES, INC.
By
Matt Updegraff
Mod
W BRISA DR
N NORTH VALLEY PKWY
N 25TH LN
N 26TH DR
W SONORAN DESERT DR
C-2 HGT/WVR*
R-3A*
C-2 HGT/WVR
DNS/WVR
NBCOD*
C-2 SP NBCOD*
C-2 M-R*
C-2 M-R*
PCD*
Planning & Development Department
PHO-3-24--Z-6-12-2
Property Location: Southwest Corner of North Valley Parkway and Sonoran Desert Drive
0
110
220
55
Feet ´
N NORTH VALLEY PKWY
N 25TH LN
W BRISA DR
R-3A*
C-2 HGT/WVR
DNS/WVR
NBCOD*
C-2 SP NBCOD*
C-2 M-R*
C-2 M-R*
PCD*
mapservices@phoenix.gov
Planning & Development Department
PHO-3-24--Z-6-12-2
Property Location: Southwest Corner of North Valley Parkway and Sonoran Desert Drive
0
90
180
45
Feet ´
McDonald's USA, LLC
Contact Arizona 811 at least two full
working days before you begin excavation
Call 811 or click Arizona811.com
VICINITY MAP
NORTH
SITE INFORMATION
NORTH
PROJECT INFORMATION
SITE CALCULATIONS
LEGEND
RI/RO
326'
R-3A
C-2
STORAGE
3 UP / 1 DN
109,768 S.F.
APN: 204-13-612
10'
20'
APN: 204-13-146
ZONING: R-3A
APN: 204-13-145
ZONING: R-3A
APN: 204-13-144
ZONING: R-3A
EV CHARGING
ONLY
EV CHARGING
F.D.C.
B
C
146.23'
RETENTION BASIN
PAD
6,000 SF.
A
T
APN: 204-13-143
ZONING: R-3A
T
EV CHARGING
ONLY
EV CHARGING
YOU
THANK
THRU
DRIVE
THRU
DRIVE
PROP. MCDONALDS
MODEL: 4584
SF=3,780
APN: 204-13-613
ZONING: C-2
APN: 204-13-612
ZONING: C-2
ZONING: R-3A
APN: 204-13-612
ZONING: C-2
PHO-3-24--Z-6-12-2
Proposed Conceptual Site Plan
Hearing Date: July 17, 2024
PHO-3-24--Z-6-12-2
Proposed Conceptual Elevations
Hearing Date July 17, 2024
PHO-3-24--Z-6-12-2
Proposed Conceptual Elevations
Hearing Date July 17, 2024
- 733 -
June 20, 2012
ITEM 7
DISTRICT 2
RESOLUTION 21058 -
PUBLIC HEARING -
GPA-NG-1-12-2 – NORTH
VALLEY PARKWAY AND
SONORAN DESERT DRIVE
The Council heard request to hold a public hearing and approve the land
use for the following item by adopting the Planning Commission's
recommendation and the related Resolution.
Application:
GPA-NG-1-12-2
Request:
Map Amendment
From:
Mixed-Use (Commercial/Commerce Park)
To:
Mixed-Use (Commercial/Residential 5-10)
Acreage:
40.30
Location:
Southwest corner of North Valley Parkway and Sonoran
Desert Drive.
Proposal:
To allow the potential development of a commercial/
residential project.
Applicant:
Paul Gilbert – Beus Gilbert, PLLC
Staff:
Approved.
VPC Action:
North Gateway – April 12, 2012 – Approved. Vote 7-1
PC Action:
June 12, 2012 – Recommendation would be verbal.
ITEM 8
DISTRICT 2
ORDINANCE G-5719 -
PUBLIC HEARING -
Z-6-12-2 – NORTH VALLEY
PARKWAY AND SONORAN
DESERT DRIVE
The Council heard request to hold a public hearing and approve the
rezoning for the following item by adopting the Planning Commission's
recommendation and the related ordinance.
Application:
Z-6-12-2
From:
PCD NBCOD (Approved C-2/CP/GCP MR PCD NBCOD)
To:
R-3A NBCOD and C-2 MR NBCOD
Acreage:
40.30
Location:
Southwest corner of North Valley Parkway and Sonoran
Desert Drive
- 734 -
June 20, 2012
Proposal:
To remove the property from the North Gateway PCD
(Z-34-01-2) and allow for single-family residential and
commercial.
Applicant:
Paul Gilbert – Beus Gilbert, PLLC
Owner:
Gary Davidson – LDR-Sonoran Pkwy, LLC
Representative:
Paul Gilbert – Beus Gilbert, PLLC
Staff:
Approved, subject to stipulations.
VPC Action:
North Gateway – April 12, 2012 – Approved, subject to staff
stipulations with one additional stipulation and one
modification. Vote 7-1
PC Action:
June 12, 2012 - Recommendation will be verbal.
The following staff stipulations are subject to discussion at the meeting and
the City Council may add, delete, or amend stipulations.
Stipulations
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 Officer through the public hearing process for
stipulation modification prior to preliminary site plan approval 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.
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 Americans with Disabilities Act (ADA)
accessibility requirements.
- 735 -
June 20, 2012
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
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.
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 percent 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.
- 736 -
June 20, 2012
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 dedicate drainage easements along Sonoran Desert
Drive as defined in the Sonoran Desert Drive: Interstate 17 to North Valley
Parkway Design Report, as approved by the Street Transportation and
Planning and Development Departments.
14.
The developer shall dedicate slope easements along Sonoran Desert
Drive as defined in the Sonoran Desert Drive: Interstate 17 to
North Valley Parkway Design Report, as approved by the Street
Transportation and Planning and Development Departments.
15.
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.
16.
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.
17.
All driveway access points along Sonoran Desert Drive and North Valley
Parkway shall be restricted to right-in / right-out turning movements only
within 660 feet of the intersection of Sonoran Desert Drive and North
Valley Parkway, as approved by the Planning and Development
Department.
18.
A completed Maricopa Association of Governments (MAG) Transportation
Improvement Program Form shall be provided and submitted to the Street
Transportation Department with a copy to the Planning and Development
Department.
19.
Complete the Red Border Letter process to notify the Arizona Department
of Transportation of development adjacent to the I-17 freeway corridor and
submit a copy to the Street Transportation Department and to the
Planning and Development Department.
- 737 -
June 20, 2012
OTHER
20.
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 Arizona Public Service
(APS) so as to not conflict with the planned power lines.
21.
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.
22.
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.
23.
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.
24.
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.
Items 7 and 8 dealt with the North Valley Parkway and Sonoran Desert
Drive. One approved the land use, the second approved the rezoning.
Assistant Planning Director Derek Horn advised Items 7 and 8 were related
cases and addressed the same parcel of land. Item 7 was a General Plan
amendment and, if approved, would change approximately 40.3 acres at the
southwest corner of North Valley Parkway and Sonoran Desert Drive. It would
- 738 -
June 20, 2012
also change the designated land use from multiuse commercial-commerce park
to multiuse commercial residential. Item 8 was a rezoning request to remove the
entire 40-acre parcel from the planned community development and rezone
approximately 32 acres from C-2 Commerce Park–General Commerce Park mid-
rise North Black Canyon Overlay District to R-3A (multifamily), North Black
Canyon Overlay District. This would allow a mixed-use, single-family, residential
and commercial development.
Mr. Horn noted this was reviewed and recommended by the North Gateway
Village Planning Committee and the Planning Commission. The proposal would
encourage development by removing the PCD designation; the proposed
rezoning would complement uses in the surrounding area, and would add the
first housing mix to the North Gateway Village. Staff recommended approval of
this. He advised the items would require separate motions and actions.
Mayor Stanton stated he had one speaker comment card submitted from
Ms. Lindsay Schube, in favor to speak if necessary.
MOTION was made by Mrs. Williams, SECONDED by Mr. Simplot, that
Item 7 be adopted.
Roll Call:
Ayes:
Gates, Nowakowski, Simplot,
Valenzuela, Waring, Williams, Vice
Mayor Johnson, and Mayor Stanton
Nays:
None
Absent:
DiCiccio
MOTION CARRIED. Ordinance adopted.
MOTION was made by Mrs. Williams, SECONDED by Mr. Simplot, that
Item 8 be adopted.
Roll Call:
Ayes:
Gates, Nowakowski, Simplot,
Valenzuela, Waring, Williams, Vice
Mayor Johnson, and Mayor Stanton
Nays:
None
Absent:
DiCiccio
MOTION CARRIED. Ordinance adopted
Mr. DiCiccio returned to the voting body.
MOTION was made by Mrs. Williams, SECONDED by Mr. Simplot, that
Items 9 through 75, except Items 20, 21, 22, and 25, 58, 64, 56, and 67 be
Planning Commission Minutes for June 12, 2012
Item #:
2
Application #:
Z-6-12-2 (Continued from 5/9/12)
From:
PCD NBCOD (App. C-2/CP/GCP MR PCD
NBCOD)
To:
R-2 NBCOD
C-2 MR NBCOD
Acreage:
40.30
Location:
Southwest corner of North Valley Parkway and
Sonoran Desert Drive
Proposal:
To remove the property from the North
Gateway PCD (Z-34-01-2) and allow for single
family residential and commercial
Applicant:
Beus Gilbert PLLC - Beus Gilbert
Owner:
LDR-Sonoran Pkwy, LLC-c/o Gary Davidson
Representative:
Beus Gilbert PLLC - Beus Gilbert
Mr. Larry Tom presented Z-6-12-2 and companion case Z-6-12-2. He stated the
following: Items 1 and 2 can be heard together, but separate motions are
necessary. Item 1 is a minor General Plan Amendment to approximately 40.30
acres located at the southwest corner of North Valley Parkway and Sonoran
Desert Drive from Mixed Use (Commercial/ Commerce Park) to Mixed Use
(Commercial/Residential 5-10 units per acre). The companion rezoning case is
Z-6-12-2 a request to rezone approximately 40.30 acres from approved C-
2/CP/GCP MR PCD to C-2 MR and R-3A. The request is to remove the property
from the North Gateway PCD and retain the C-2 MR on approximately 8.26 acres
and rezone to R-3A on 32.04 acres to allow for a 101 unit single family
development. The North Gateway Village Planning Committee recommended
approval of GPA-NG-1-12-2, 7-1 and approval of Z-6-12-2, 7-1 with a modified
and additional stipulation. Staff concurs with both recommendations for the
North Gateway Village Planning Committee.
Commissioner Katsenes made a MOTION to approve Z-6-12-2 with the new
request to go to R-3A zoning, subject to the stipulations approved per the North
Gateway Village Planning Committee recommendation.
Commissioner Heck SECONDED.
There being no further discussion, Chairman Awai called for a vote and the
MOTION PASSED 9-0.
* * * *
Stipulations:
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 Officer through the public hearing process for
stipulation modification prior to preliminary site plan approval 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.
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 8 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
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.
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, dedicate 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
approved by the Street Transportation and Planning and Development
Departments.
14.
The developer shall dedicate slope easements along Sonoran Desert
Drive as defined in the Sonoran Desert Drive: Interstate 17 to North
Valley Parkway Design Report as approved by the Street Transportation
and Planning and Development Departments.
1415.
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.
1516.
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.
1617.
All driveway access points along Sonoran Desert Drive and North Valley
Parkway shall be restricted to right-in / right-out turning movements only
within 660 feet of the intersection of Sonoran Desert Drive and North
Valley Parkway as approved by the Planning and Development
Department.
1718.
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.
1819.
Complete the Red Border Letter process to notify the Arizona
Department of Transportation of development adjacent to the I-17
freeway corridor and submit a copy to the Street Transportation
Department and to the Planning & Development Department.
OTHER
1920.
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.
2021.
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.
2122.
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.
2223.
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.
2324.
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 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.
Planning Commission Minutes for May 9, 2012
Item #:
3
Application #:
Z-6-12-2
From:
PCD NBCOD (App. C-2/CP/GCP MR PCD
NBCOD)
To:
R-2 NBCOD
C-2 MR NBCOD
Acreage:
40.30
Location:
Southwest corner of North Valley Parkway and
Sonoran Desert Drive
Proposal:
To remove the property from the North
Gateway PCD (Z-34-01-2) and allow for single
family residential and commercial
Applicant:
Beus Gilbert PLLC - Beus Gilbert
Owner:
LDR-Sonoran Pkwy, LLC-c/o Gary Davidson
Representative:
Beus Gilbert PLLC - Beus Gilbert
Mr. Larry Tom presented GPA-NG-1-12-2 and companion case Z-6-12-2; located
on the southwest corner of North Valley Parkway and Sonoran Desert Drive.
The applicant has requested a continuance to the June 12, 2012 Planning
Commission hearing to readvertise their amended request without fee.
Commissioner Katsenes made a MOTION to continue Z-6-12-2 to the June 12,
2012 Planning Commission Hearing without fee.
Commissioner Zubia SECONDED.
There being no further discussion, Chairman Awai called for a vote and the
MOTION PASSED 9-0
* * * *
167557
NORTH GATEWAY VILLAGE PLANNING COMMITTEE
MEETING MINUTES
Date: Thursday, April12, 2012
Time: 6:00 pm
Location: Goelet A. Beuf Community Center, Class Room 101
3435 West Pinnacle Peak Road, Phoenix, AZ
MEMBERS PRESENT
Dan Tumminello, Chair
Tim Mitten, Vice Chair
Justin Baker
Rick Robinson
Richard Uhl
Jason Stokes
Scott Freeman
Joe Villasenor
1.
Call to order.
MEMBERS ABSENT
Pamela Cecere {excused)
STAFF PRESENT
Tricia Gomes
Chairman Dan Tumminello called the meeting to order at 6:02 p.m. with a quorum
of six members present {two additional members arrived subsequent to roll call,
bringing a total of eight members in attendance).
2.
Review and approval of the January 12,2012 meeting minutes.
Mr. Tim Mitten motioned to approve the January 12, 2012 meeting minutes as
written. Mr. Rick Robinson seconded.
The committee voted unanimously 6-0 to approve the motion.
3.
Public comments concerning items not on the agenda (not for committee
discussion or action).
None.
4.
Presentation, discussion and possible recommendation of GPA-NG-1-12-2, a
request to amend the General Plan Land Use Map. This request seeks to
modify the land use designation on 40.30 acres of land located at the
southwest corner of North Valley Parkway and Sonoran Desert Drive from
Mixed Use (Commercial/Commerce Park) to Mixed Use
(Commercial/Residential 5-10). Presentation by staff.
Committee members Joe Villasenor and Scott Freeman arrived at the meeting
during this item.
Ms. Tricia Gomes presented the details of the case.
North Gateway Village Planning Committee
April 12, 2012 - Meeting Minutes
Page 2 of?
Ms. Gomes explained the request would amend the existing General Plan Land
Use Map designations from Mixed Use (Commercial/Commerce Park) to Mixed
Use (Commerciai/ResidentiaiS-10) to allow a single-family development.
Mr. Joe Villasenor motioned to approve GPA-NG-1-12-2. Mr. Tim Mitten
seconded.
The committee voted 7-1 (Freeman) to approve the motion.
5.
Presentation, discussion and possible action on case Z-6-12-2 a request to
rezone 40.30 acres of lan~ located at the southwest corner of North Valley
Parkway and Sonoran Desert Drive from PCD NBCOD (App. C-2/CP/GCP MR
PCD NBCOD) (40.30 acres) to R-2 NBCOD (32.04 acres) and C-2 MR NBCOD
(8.26 acres). The purpose of the request is to remove the PCD designation
(North Gateway PCD) and allow single-family and commercial development.
Ms. Tricia Gomes presented the details of the case.
Ms. Susan Demmitt, Be us Gilbert, represented on behalf of the property owner
and provided a presentation on the request. Ms. Demmitt explained the residential
portion of the project features approximately 100 single-family detached homes
with 50-foot and 60-foot wide lots. The site plan depicts both active and passive
open space amenities by preserving the wash on the west side of the site in its
natural state, providing trails along the wash and two small park areas within the
community. Ms. Demmitt stated that the commercial portion consisted of 10 acres
to provide a neighborhood style commercial such as a coffee shop, a dry cleaner,
etc. Ms. Demmitt noted that she has been working with the property owners to the
south and east regarding how the subject site and the south and east properties
would interface with one another.
Vice Chairman Tim Mitten inquired how far Sonoran Desert Drive would be
improved with the proposed development, if lighting would be provided along the
wash and what was the southern property's concern. Ms. Demmitt stated that
south side of Sonoran Desert Drive would be improved to the parcel's western
boundary. Low level lighting would be provided along the wash for safety. Ms.
Demmitt explained that the property owner to the south has concerns regarding
the increased setbacks as a result of the rezoning request. Ms. Demmitt reiterated
that she and the adjacent property owners have been working together to come up
with alternative solutions to the concerns.
Committee member Justin Baker inquired if there was space to add playground
facilities, basketball equipment, etc. to the proposed development. Ms. Demmitt
stated that Taylor Morrison has not determined exactly what amenities would be
provided, but would consider the amenities Committee member Baker mentioned
at the time of development. Ms. Demmitt noted that there is a future regional park
planned in area.
North Gateway Village Planning Committee
April12, 2012- Meeting Minutes
Page 3 of?
Committee member Rick Robinson inquired if the wash crossing within the
development would be a wet crossing and if traffic mitigation measures were
considered for the future. Ms. Demmitt clarified that the wash crossing within the
development would be a bridge. Ms. Demmitt explained that the only traffic signal
required at this time by the Street Transportation Department was at the
immediate corner. Committee member stated he wanted to make sure that
access was not impeded on Sonoran Desert Drive or North Valley Parkway.
Committee member Joe Villasenor inquired if a stipulation could be added to notify
future property owners of the proximity of the Deer Valley Airport.
Mr. Lyle Richardson represented on behalf of the property owners to the south and
east of the subject site. Mr. Richardson stated he has concerns regarding the
increased setbacks that single-family zoning would impose on the property to the
south. Mr. Richardson explained that discussions have been held with the
applicant about possibly amending the rezoning application from R-2 to R-3A to
reduce the setbacks imposed on the southern property and notification of potential
uses to future homeowners. Mr. Richardson noted that staff was not supportive of
a notification stipulation regarding potential uses that required a public hearing
process for approval.
Ms. Susan Demmitt added that the single-family zoning could increase the
setbacks for a 190 foot building on the property to the south; however other uses
could be located closer to the property line such as parking, retention, or buildings
lower in height.
Committee member Justin Baker stated that he would have like to have seen a
better integration of uses between the subject site and the property to the south.
Committee member Scott Freeman expressed concern about the appropriateness
of the location of the proposed development. Committee member Freeman felt
the development would be better suited in another location.
Mr. Joe Villasenor motioned to approve Z-6-12-2, subject to staff stipulations with
one additional stipulation and one modification as follows:
Stipulations:
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 Officer through the public hearing process for stipulation
modification prior to preliminary site plan approval as each parcel is to be
North Gateway Village Planning Committee
April12, 2012- Meeting Minutes
Page4 of7
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.
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 8 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 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.
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
North Gateway Village Planning Committee
April 12, 2012 - Meeting Minutes
Page 5 of7
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 So no ran 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, dedicate 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 approved by the Street
Transportation and Planning and Development Departments.
14.
The developer shall dedicate slope easements along Sonoran Desert Drive as
defined in the Sonoran Desert Dri\te: Interstate 17 to North V-alley Park\vay
Design Report as approved by the Street Transportation and Planning and
Development Departments.
14.:t.&. 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.
16-1-7. All driveway access points along Sonoran Desert Drive and North Valley
Parkway shall be restricted to right-in I right-out turning movements only within
660 feet of the intersection of Sonoran Desert Drive and North Valley Parkway
as approved by the Planning and Development Department.
174-8. 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.
1849. Complete the Red Border Letter process to notify the Arizona 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
192Q. 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
North Gateway Village Planning Committee
April12, 2012- Meeting Minutes
Page 6 of7
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 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.
Vice Chairman Tim Mitten seconded. The committee voted 7-1 (Freeman) to
approve the motion.
6.
Staff update on cases recently reviewed by the Committee (not for
committee discussion or public input).
Ms. Tricia Gomes provided an update to GPA-NG-1-11-2, a general amendment
and Z-12-11-2; a request to rezone the area south of Sonoran Desert Drive, east
and west of North Valley Parkway. Both cases were approved by City Council in
November 2011.
7.
Committee member requests for information, follow-up or future agenda
items (not for committee discussion or action).
Committee members requested the following for information, follow-up or future
agenda items:
North Gateway Village Planning Committee
April12, 2012- Meeting Minutes
Page 7 of 7
•
Update on Sonoran Desert Drive
•
Location of future North Gateway library
•
Future plans for new schools in the area
Next regular meeting is on May 10, 2012 at 6:00pm.
8.
Adjournment
The meeting was adjourned at 7:23 p.m.