Attachment B - Staff Report - Z-237-L-85-2.pdf

City of Phoenix — Formal (2024-05-01)
Extracted text (via pymupdf) 24555 characters
Staff Report: Z-237-L-85-2 
March 22, 2024 
Desert View Village Planning 
Committee Hearing Date: 
April 2, 2024 
Planning Commission Hearing Date: 
April 4, 2024 
Request From: 
C-1 PCD (Neighborhood Retail, Planned
Community District) (0.98 acres)
Request To: 
C-2 PCD (Intermediate Commercial,
Planned Community District) (0.98 acres)
Proposal: 
Wine bar 
Location: 
Southeast corner of Cave Creek Road 
and Desert Willow Parkway 
Owner: 
Tuscany Village Center, LLC c/o Randall 
Raskin 
Applicant: 
Ellie Brundige, Gammage and Burnham, 
PLC 
Representative: 
Chloe Plaisance, Gammage and 
Burnham, PLC 
Staff Recommendation: 
Approval, subject to stipulations 
General Plan Conformity 
General Plan Land Use Map Designation 
Residential 2 to 5 dwelling units per acre 
Street Map Classification 
N/A 
STRENGTHEN OUR LOCAL ECONOMY CORE VALUE; ENTREPRENEURS AND 
EMERGING ENTERPRISES; LAND USE PRINCIPLE: Encourage land uses that 
promote the growth of entrepreneurs or new businesses in Phoenix in 
appropriate locations. 
The proposal will allow a wine bar to locate within an existing shopping center, 
expanding opportunities for new businesses in Phoenix. 
CELEBRATE OUR DIVERSE COMMUNITIES AND NEIGHBORHOODS CORE 
VALUE; DIVERSE NEIGHBORHOODS; LAND USE PRINCIPLE: Communities 
should consist of a mix of land uses to provide housing, shopping, dining and 
recreational options for residents. 
The proposal increases the range of retail and services available to nearby residents in 
an already established shopping center. 
ATTACHMENT B

Staff Report: Z-237-L-85-2 
March 22, 2024 
Page 2 of 8 
 
 
General Plan Conformity 
BUILD THE SUSTAINABLE DESERT CITY CORE VALUE; TREES & SHADE; 
DESIGN PRINCIPLE: Integrate trees and shade into the design of new 
development and redevelopment projects throughout Phoenix. 
 
Upon any future redevelopment, the proposal, as stipulated, would provide enhanced 
shading for the surface parking lot. 
 
Applicable Plans, Overlays and Initiatives 
North Land Use Plan – See Background Item No. 5. 
 
Comprehensive Bicycle Master Plan – See Background Item No. 6. 
 
Tree and Shade Master Plan – See Background Item No. 7. 
 
Phoenix Climate Action Plan – See Background Item No. 8. 
 
Transportation Electrification Action Plan – See Background Item No. 9. 
 
Zero Waste PHX – See Background Item No. 10. 
 
Surrounding Land Uses/Zoning 
 
Land Use 
Zoning 
On Site 
Shopping center 
C-1 PCD 
Northeast (Across Desert 
Willow Parkway) 
Single-family residential 
RE-35 PCD 
South 
Single-family residential and 
golf course 
R1-10 PCD and RE-35 SP 
PCD  
Northwest (Across Cave 
Creek Road) 
Single-family residential and 
City water facility 
R1-6 PCD 
 
C-2 (Intermediate Commercial) 
Standards 
Requirements 
Provisions on the proposed 
site plan 
Building Setbacks 
Street 
Average 25 feet, Minimum 
20 feet 
N/A (no street frontage) 
Not adjacent to street 
(south property line) 
Minimum 25 feet (one-story), 
Minimum 50 feet (two-story) 
Approximately 50 feet (Met) 
Landscape Setbacks 
Street 
Average 25 feet, Minimum 
20 feet 
N/A (no street frontage)

Staff Report: Z-237-L-85-2 
March 22, 2024 
Page 3 of 8 
 
 
C-2 (Intermediate Commercial) 
Standards 
Requirements 
Provisions on the proposed 
site plan 
Not adjacent to street 
(south property line) 
Minimum 10 feet 
Approximately 50 feet (Met) 
Lot Coverage 
Maximum 50 percent 
Overall site: 13.73 percent 
(Met) 
Building Height 
Maximum 2 stories, 30 feet 
1 story, 23 feet (Met) 
Parking 
Overall site: 188 spaces 
Retail: 1 space per 300 
square feet 
Restaurant: 1 space per 50 
square feet 
Overall site: 232 spaces (Met) 
 
Background/Issues/Analysis 
 
SUBJECT SITE 
1. 
This is a request to rezone a 0.98-acre site from C-1 PCD (Neighborhood 
Retail, Planned Community District) to C-2 PCD (Intermediate Commercial, 
Planned Community District) to allow a wine bar. 
 
The subject site is within the Tatum Ranch PCD. The parcel containing the 
subject site was rezoned to R1-6 PCD (Single-Family Residence District, 
Planned Community District) in 1987 as part of a major amendment to the 
Tatum Ranch PCD (Z-237-A-85-2) and was later rezoned to C-1 PCD in 2001 
through another major amendment to the PCD (Z-13-01-2). The parcel was later 
developed as a shopping center. This request is Amendment L to the Tatum 
Ranch PCD. 
 
2. 
The General Plan Land Use Map 
designation for the parcel containing 
the subject site is Residential 2 to 5 
dwelling units per acre. The proposal 
is not consistent with the designation; 
however, since the site is less than 10 
acres, a General Plan Amendment is 
not required. 
 
Properties to the west, across Cave 
Creek Road, and to the southeast are 
also designated Residential 2 to 5 
dwelling units per acres on the 
General Plan Land Use Map.  
 
General Plan Land Use Map, Source: 
Planning and Development

Staff Report: Z-237-L-85-2 
March 22, 2024 
Page 4 of 8 
 
 
 
Properties to the northeast, across Desert Willow Parkway, are designated as 
Residential 0 to 2 dwelling units per acre. Property to the south is designated 
Parks/Open Space - Privately Owned. 
 
 
EXISTING CONDITIONS & SURROUNDING ZONING 
3. 
The subject site is zoned C-1 PCD and 
is a portion of a shopping center parcel 
zoned C-1 PCD and C-1 PCD 
(Approved C-2 PCD). Across Desert 
Willow Parkway to the northeast are 
single-family homes zoned RE-35 
PCD. Across Cave Creek Road to the 
northwest are single-family homes 
zoned R1-6 PCD. To the south are 
single-family homes zoned R1-10 PCD 
and a golf course zoned RE-35 SP 
PCD. 
 
Aerial Map, Source: Planning and 
Development Department 
 
 
PROPOSAL 
4. 
The proposed rezoning would cover a portion of the existing Tuscany Village 
Shopping Center, including the 3,520-square-foot Building 2 at the southern 
edge of the property. The applicant proposes to allow a wine bar in the existing 
suite. The proposed use would be classified as a “bar” in the Zoning Ordinance, 
requiring a minimum of C-2 zoning. There are no proposed changes to the site 
plan. 
 
Staff recommends the following stipulations to ensure the site maintains 
elements of the original PCD approval and does not have any negative impact 
to the surrounding area: 
• All buildings shall exhibit a cohesive architectural theme and style with 
buildings on the entire site. This will ensure any new development 
maintains cohesive architecture with the rest of the shopping center 
parcel that is outside of the rezoning area. (Stipulation No. 1) 
• All on site lighting shall be a maximum of 15 feet in height including lamp, 
pole, and base. (Stipulation No. 2) 
• The maximum building height shall be 23 feet. (Stipulation No. 3.a)

Staff Report: Z-237-L-85-2 
March 22, 2024 
Page 5 of 8 
 
 
AREA PLANS, OVERLAY DISTRICTS, AND INITIATIVES 
5. 
North Land Use Plan 
In 1996, the Phoenix City Council 
adopted the North Land Use Plan, 
which established recommendations 
for land use and future development 
for the area generally bounded by 
Cave Creek Wash to the west, 
Scottsdale Road to the east, Carefree 
Highway to the north, and Pinnacle 
Peak Road to the south. The plan 
shifted residential density designations 
from the previous General Plan Land 
Use Map with the goals of protecting 
the desert character, recognizing 
washes as a development constraint, 
and maximizing infrastructure  
 
 
North Land Use Map, Source: Planning 
and Development Department 
 
efficiency. The subject site is designated as Residential 2 to 5 dwelling units per 
acre in the plan. 
 
 
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. Upon any future redevelopment, bicycle parking will be provided, 
per Stipulation No. 3.c. 
 
 
7. 
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. Upon any future redevelopment, enhanced shading would be 
incorporated for surface parking lot areas, per Stipulation No. 3.b. 
 
 
8. 
Phoenix Climate Action Plan 
In October 2021, the Phoenix City Council approved the Climate Action Plan. 
The Climate Action Plan will serve as a long-term plan to achieve greenhouse 
gas emissions reductions and resiliency goals from local operations 
and community activities as well as prepare for the impacts of climate change. 
This plan contains policy and initiatives regarding stationary energy, 
transportation, waste management, air quality, local food systems, heat, and 
water. Goal W2 (Water), Action W2.4, pertains to the implementation of the 
Greater Phoenix Metro Green Infrastructure (GI) and Low Impact Development

Staff Report: Z-237-L-85-2 
March 22, 2024 
Page 6 of 8 
 
 
Details for Alternative Stormwater Management to benefit the environment, 
promote water conservation, reduce urban heat, improve the public health, and 
create additional green spaces. This goal is addressed in Stipulation No. 3.e, 
which requires a minimum of two GI techniques for stormwater management to 
be implemented upon any future redevelopment. 
 
 
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 
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. 3.d 
provides requirements for electric vehicle parking, charging and infrastructure 
upon any redevelopment. 
 
  
10. 
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 application materials do 
not state whether the development does or will participate in a recycling 
program. 
 
 
COMMUNITY INPUT SUMMARY 
11. 
At the time this staff report was written, staff has not received any letters in 
support or opposition to this request. 
 
 
OTHER 
12. 
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. 4.

Staff Report: Z-237-L-85-2 
March 22, 2024 
Page 7 of 8 
 
 
13. 
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. 5. 
 
 
14. 
Development and use of the site is subject to all applicable codes and 
ordinances. Zoning approval does not negate other ordinance requirements. 
Other formal actions such as, but not limited to, zoning adjustments and 
abandonment may be required. 
 
Findings 
 
1. 
The proposal is consistent with the existing commercial use of the parcel. 
 
 
2. 
The proposal will provide additional retail and service options for the 
surrounding neighborhoods within an existing shopping center. 
 
 
3. 
Upon any redevelopment, as stipulated, the proposal will provide enhanced 
standards for shade and bicycle parking. 
 
Stipulations 
 
1. 
All buildings shall exhibit a cohesive architectural theme and style with 
buildings on the entire site. 
 
 
2. 
All on site lighting shall be a maximum of 15 feet in height including lamp, pole, 
and base. 
 
 
3. 
Upon site plan approval and permit issuance for any new building(s) or 
structure(s) or expansion of existing buildings by at least 25% of the floor area 
within the rezoned area, as shown on the site plan date stamped January 3, 
2024, the following shall apply within the rezoned area: 
 
 
 
 
a. 
The maximum building height shall be 23 feet, as approved by the 
Planning and Development Department. 
 
 
 
 
b. 
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 at maturity, or a combination thereof. 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.

Staff Report: Z-237-L-85-2 
March 22, 2024 
Page 8 of 8 
 
 
 
c. 
Bicycle parking shall be provided, consistent with Section 1307.H of the 
Phoenix Zoning Ordinance. 
 
 
 
 
d. 
A minimum of 10 percent of the required parking shall be EV Ready. 
 
 
 
 
e. 
A minimum of two green infrastructure (GI) techniques for stormwater 
management shall be implemented per the Greater Phoenix Metro Green 
Infrastructure and Low Impact Development Details for Alternative 
Stormwater Management, as approved or modified by the Planning and 
Development Department. 
 
 
4. 
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. 
 
 
5. 
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. 
 
Writer 
Anthony Grande 
March 22, 2024 
 
Team Leader 
Racelle Escolar 
 
Exhibits 
Sketch Map 
Aerial Map 
Site Plan date stamped January 3, 2024

Z-237-G-85
Z-13-01
Z-237-A-85
Z-237-B-85
Z-237-B-85
Z-237-A-85
Z-237-A-85
Z-237-A-85
*
*
*
*
*
*
R1-6
PCD
C-1
PCD
RE-35
PCD
R1-10
PCD
RE-35
SP
PCD
PCD
R-2
C-2 PCD *
Z-237-I-85
RANCHO LAREDO DR
RANCHO TIERRA DR
45TH ST
44TH ST
46TH PL
DESERT WILLOW PKWY
45TH PL
44TH PL
RANCHO CALIENTE DR
CAVE CREEK RD
DOVE VALLEY RD
LONE MOUNTAIN RD
DYNAMITE BLVD
JOMAX RD
HAPPY VALLEY RD
PINNACLE PEAK RD
DEER VALLEY DR
MAYO BLVD
CAVE CREEK RD
BLACK MTN PKY
TATUM BLVD
56TH ST
64TH ST
SCOTTSDALE RD
CAREFREE HWY
SR-101
DESERT VIEW VILLAGE
CITY COUNCIL DISTRICT: 2
I
APPLICANT'S NAME:
APPLICATION NO.
Z-237-L-85
GROSS AREA INCLUDING 1/2 STREET
AND ALLEY DEDICATION IS APPROX.
0.98 Acres
MULTIPLES PERMITTED
*   Maximum Units Allowed with P.R.D. Bonus
C-1 PCD
C-2 PCD
CONVENTIONAL OPTION
14
14
*   UNITS P.R.D. OPTION
17
17
Gammage & Burnham, PLC
DATE:
1/1/2024
REVISION DATES:
AERIAL PHOTO &
QUARTER SEC. NO.
QS 54-38
ZONING MAP
Q-11
REQUESTED CHANGE:
FROM: C-1 PCD ( 0.98 a.c.)
TO:
C-2 PCD ( 0.98 a.c.)
Document Path: S:\Department Share\Information Systems\PL GIS\IS_Team\Core_Functions\Zoning\sketch_maps\1985\Z-237-L-85.mxd
Z-237-L-85
0.045
0
0.045
0.0225
Miles
2/13/2024

Z-237-G-85
Z-13-01
Z-237-A-85
Z-237-B-85
Z-237-B-85
Z-237-A-85
Z-237-A-85
Z-237-A-85
*
*
*
*
*
*
R1-6
PCD
C-1
PCD
RE-35
PCD
R1-10
PCD
RE-35
SP
PCD
PCD
R-2
C-2 PCD *
Z-237-I-85
RANCHO LAREDO DR
RANCHO TIERRA DR
45TH ST
44TH ST
46TH PL
DESERT WILLOW PKWY
45TH PL
44TH PL
RANCHO CALIENTE DR
CAVE CREEK RD
DOVE VALLEY RD
LONE MOUNTAIN RD
DYNAMITE BLVD
JOMAX RD
HAPPY VALLEY RD
PINNACLE PEAK RD
DEER VALLEY DR
MAYO BLVD
CAVE CREEK RD
BLACK MTN PKY
TATUM BLVD
56TH ST
64TH ST
SCOTTSDALE RD
CAREFREE HWY
SR-101
DESERT VIEW VILLAGE
CITY COUNCIL DISTRICT: 2
I
APPLICANT'S NAME:
APPLICATION NO.
Z-237-L-85
GROSS AREA INCLUDING 1/2 STREET
AND ALLEY DEDICATION IS APPROX.
0.98 Acres
MULTIPLES PERMITTED
*   Maximum Units Allowed with P.R.D. Bonus
C-1 PCD
C-2 PCD
CONVENTIONAL OPTION
14
14
*   UNITS P.R.D. OPTION
17
17
Gammage & Burnham, PLC
DATE:
1/1/2024
REVISION DATES:
AERIAL PHOTO &
QUARTER SEC. NO.
QS 54-38
ZONING MAP
Q-11
REQUESTED CHANGE:
FROM: C-1 PCD ( 0.98 a.c.)
TO:
C-2 PCD ( 0.98 a.c.)
Document Path: S:\Department Share\Information Systems\PL GIS\IS_Team\Core_Functions\Zoning\sketch_maps\1985\Z-237-L-85.mxd
Z-237-L-85
0.045
0
0.045
0.0225
Miles
2/13/2024



	

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