Attachment B - Staff Report - Z-103-23-8.pdf

City of Phoenix — Formal (2024-05-01)

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Staff Report: Z-103-23-8
March 1, 2024
Central City Village Planning
Committee Hearing Date:
March 11, 2024
Planning Commission Hearing Date:
April 4, 2024
Request From:
R-4 CCSIO (Multifamily Residence District,
Central City South Interim Overlay District)
(1.01 acres)
Request To:
C-3 CCSIO (General Commercial, Central
City South Interim Overlay District) (1.01
acres)
Proposal:
Parking ancillary to office and mechanic
shop
Location:
Approximately 355 feet east and
approximately 340 feet south of the
southeast corner of 19th Avenue and
Buckeye Road
Owner:
Dealers Auto Auction of the Southwest, LLC
and Del Norte, LLC
Applicant:
Michelle Green, Lazarus & Silvyn, P.C.
Representative:
Larry Lazarus, Lazarus & Silvyn, P.C.
Staff Recommendation:
Approval, subject to stipulations
General Plan Conformity
General Plan Land Use Map Designation
Commercial
Street Map Classification
19th Avenue*
Major Arterial
40-foot east half street
CONNECT PEOPLE AND PLACES CORE VALUE; OPPORTUNITY SITES; LAND
USE PRINCIPLE: Support reasonable levels of increased intensity, respectful of
local conditions and surrounding neighborhoods.
The proposed C-3 zoning district is respectful of the surrounding conditions, as the
subject site is surrounded by commercial and industrial zoning and land uses.
ATTACHMENT B

Staff Report: Z-103-23-8
March 1, 2024
Page 2 of 11

General Plan Conformity
CELEBRATE OUR DIVERSE COMMUNITIES & NEIGHBORHOODS; CERTAINTY
& CHARACTER; LAND USE PRINCIPLE: Locate land uses with the greatest
height and most intense uses within limits based on village character, land use
needs, infrastructure and transportation system capacity.

The proposed C-3 district is appropriate at the subject site, which is surrounded by C-
2, C-3, and A-2 zoning districts with commercial and industrial uses.

CREATE AN EVEN MORE VIBRANT DOWNTOWN; SURROUNDING
NEIGHBORHOODS; LAND USE PRINCIPLE: Ensure future land uses are
compatible with existing neighborhoods.

The proposed zoning is compatible with the character of the area and consistent with
the adopted plans for the neighborhood.

*The rezoning site is not directly adjacent to the right-of-way; however, it does have
direct access through drive aisles to 19th Avenue.

Applicable Plans, Overlays and Initiatives
Central City South Interim Overlay District (CCSIO) – See Background Item No. 5.

Central City South Area Plan – See Background Item No. 6.

Comprehensive Bicycle Master Plan – See Background Item No. 7.

Complete Streets Guiding Principles – See Background Item No. 8.

Tree and Shade Master Plan – See Background Item No. 9.

Phoenix Climate Action Plan – See Background Item No. 10.

Transportation Electrification Action Plan – See Background Item No. 11.

Zero Waste PHX – See Background Item No. 12.

Surrounding Land Uses/Zoning

Land Use
Zoning
On Site
Accessory surface parking
R-4 CCSIO
North
Commercial uses
C-2 CCSIO
South
Auto auction
A-2 CCSIO
East
Accessory surface parking
C-3 CCSIO
West
Office and mechanic shop
C-3 CCSIO

Staff Report: Z-103-23-8
March 1, 2024
Page 3 of 11

C-3 (General Commercial)
Standards
Requirements
Provisions on the
proposed site plan
Building Setbacks
Street
Average 25 feet
N/A*
North, South, East,
and West
Minimum 0 feet
N/A*
Landscape Setbacks
Street
Average 25 feet
N/A*
North, South, East,
and West
Minimum 0 feet
0 feet
Lot Coverage
Maximum 50 percent
N/A*
Building Height
Maximum 2 stories, 30 feet
N/A*
Parking
Per Section 702 (varies by
use)
N/A*
*No buildings proposed

Background/Issues/Analysis

SUBJECT SITE
1.
This request is to rezone a 1.01-acre site located approximately 355 feet east
and approximately 340 feet south of the southeast corner of 19th Avenue and
Buckeye Road from R-4 CCSIO (Multifamily Residence District, Central City
South Interim Overlay District) to C-3 CCSIO (General Commercial, Central City
South Interim Overlay District) to allow parking ancillary to an office and
mechanic shop. The proposal would allow the continued use of the site as
accessory parking to the adjacent office and auto repair shops affiliated with the
auto auction site.

The subject site was originally platted in 1910 as part of the Whitton Tract and
was annexed into the City of Phoenix in 1952. It has been zoned R-4 since 1961.
The auto auction and related uses and accessory parking have been on the site
since the late 1990s. The Central City South Interim Overlay District was
established over the site and surrounding community in 2002.

Staff Report: Z-103-23-8
March 1, 2024
Page 4 of 11

GENERAL PLAN LAND USE MAP DESIGNATION
2.
The General Plan Land Use Map
designation for this site is Commercial,
which accommodates office, retail,
service, and multifamily development.
The proposed zoning district is
consistent with the designation. The
General Plan Land Use Map
designations to the north, east, and
west are Commercial. The General
Plan Land Use Map designation to the
south is in transition from
Commerce/Business Park to
Residential 10 to 15 dwelling units per
acre.

General Plan Land Use Map, Source:
Planning and Development Department

EXISTING CONDITIONS AND SURROUNDING ZONING
3.
The subject site is zoned R-4 CCSIO
and contains surface parking
accessory to commercial uses. To the
south is an auto auction use zoned A-2
(Industrial District) CCSIO. To the west
are office and auto repair uses related
to the auto auction use zoned C-3
CCSIO. To the east is additional
surface parking accessory to the same
commercial uses zoned C-3 CCSIO.
To the north are commercial uses
zoned C-2 (Intermediate Commercial)
CCSIO.

Zoning Aerial Map, Source: Planning and
Development Department

PROPOSAL
4.
The applicant proposes to maintain the existing surface parking use, which is
accessory to commercial uses on the adjacent properties. The site is part of a
larger group of properties used as an auto auction and related uses. There are
no existing buildings on the subject site; however, a portion of a canopy from an
adjacent property projects over the subject site. There are no proposed changes
to the site plan as a result of this request.

AREA PLANS, OVERLAY DISTRICTS, AND INITIATIVES
5.
Central City South Interim Overlay District (CCSIO)
The Central City South Interim Overlay District (CCSIO), established in 2002,
applies to the area bounded on the west and south by Interstate 17, on the east

Staff Report: Z-103-23-8
March 1, 2024
Page 5 of 11

by Central Avenue, on the north by Lincoln Street between Central and 3rd
Avenues and by the Union Pacific Railroad Line between 3rd Avenue and
Interstate 17. The CCSIO District is designed to protect and enhance residential
character in the area, promote community identity, reduce open land uses,
discourage undue concentration of environmentally harmful land uses, and
promote well managed growth. The district requires a Special Permit for any
open land uses and requires development in industrial A-1 and A-2 districts over
10 acres to conform with the development standards of the Commerce Park /
General Commerce Park zoning district.

Central City South Interim Overlay District Boundary, Source: Planning and
Development Department

6.
Central City South Area Plan
The Central City South Area Plan was adopted by the City Council in 2004 and
establishes a vision and goals for the area coterminous with the CCSIO. These
goals include obtaining quality housing in strong, healthy neighborhoods,
creating a safe environment in which to live and work, enhancing economic
opportunities for existing residents, and transitioning industrial uses to protect
neighborhoods.

The proposed land use plan in the Central City South Area Plan designates the
subject site as Commercial. The proposed C-3 zoning district is consistent with
this designation.

Staff Report: Z-103-23-8
March 1, 2024
Page 6 of 11

Source: City of Phoenix Planning and Development Department

7.
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. 1.b.

8.
Complete Streets Guiding Principles
In 2014, the City of Phoenix City Council adopted the Complete Streets Guiding
Principles. The principles are intended to promote improvements that provide an
accessible, safe, connected transportation system to include all modes, such as
bicycles, pedestrians, transit, and vehicles. Upon any future redevelopment,
bicycle parking will be provided, per Stipulation No. 1.b.

9.
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

Staff Report: Z-103-23-8
March 1, 2024
Page 7 of 11

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. 1.a.

10. 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
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. 1.d,
which requires a minimum of two GI techniques for stormwater management to
be implemented in any future development.

11. 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. 1.c provides requirements for
electric vehicle parking, charging and infrastructure in any future development.

12. 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

Staff Report: Z-103-23-8
March 1, 2024
Page 8 of 11

meeting certain criteria. The application materials do not indicate whether the
property incorporates recycling services.

COMMUNITY INPUT SUMMARY
13. At the time this staff report was written, staff has not received any community
correspondence regarding this proposal.

INTERDEPARTMENTAL COMMENTS
14. The Floodplain Management division of the Office of the City Engineer provided
the comment that the subject site is located within a Special Flood Hazard Area
and that any improvements or modifications are subject to federal regulations
and the City of Phoenix Floodplain Ordinance. The Floodplain Management
division must approve a Grading and Drainage Plan demonstrating compliance
with the regulations prior to any permit issuance. This comment is addressed in
Stipulation No. 2.

15. The Aviation Department requires that the property owner record a Notice to
Prospective Purchasers of Proximity to Airport in order to disclose the existence
and operational characteristics of Phoenix Sky Harbor Airport (PHX) to future
owners or tenants of the property. This is addressed in Stipulation No. 3.

OTHER
16. The site is located in a larger area identified as being archaeologically sensitive.
If further review by the City of Phoenix Archaeology Office determines the site
and immediate area to be archaeologically sensitive, and if no previous
archaeological projects have been conducted within this project area, it is
recommended that archaeological Phase I data testing of this area be
conducted. Phase II archaeological data recovery excavations may be
necessary based upon the results of the testing. A qualified archaeologist must
make this determination in consultation with the City of Phoenix Archaeologist. In
the event archaeological materials are encountered during construction, all
ground disturbing activities must cease within a 33-foot radius of the discovery
and the City of Phoenix Archaeology Office must be notified immediately and
allowed time to properly assess the materials. These are addressed in
Stipulations Nos. 4 through 6.

17. 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. 7.

18. Development and use of the site is subject to all applicable codes and
ordinances. Zoning approval does not negate other ordinance requirements.

Staff Report: Z-103-23-8
March 1, 2024
Page 9 of 11

Zoning adjustments, abandonments or other formal actions may also be
required.

Findings

1.
The proposal is consistent with the General Plan Land Use Map designation.

2.
The proposed rezoning will allow the continuation of the existing commercial
use on the subject site.

3.
As stipulated, the proposal will provide enhanced shade and bicycle parking
amenities upon any future redevelopment.

Stipulations

1.
Upon site plan approval and permit issuance for any new building(s) or
structure(s) on the site, the following shall apply:

a.
A minimum of 25% of the surface parking areas shall be shaded, as
approved by the Planning and Development Department. Shade may be
achieved by structures or by minimum 2-inch caliper, drought tolerant,
shade trees, or a combination thereof. 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.

b.
Bicycle parking shall be provided, consistent with Section 1307.H of the
Phoenix Zoning Ordinance.

c.
A minimum of 10 percent of the required parking shall be EV Ready.

d.
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.

2.
The site is located within a Special Flood Hazard Area (SFHA) called Zone
AE, on panel 2215 L of the Flood Insurance Rate Maps (FIRM) dated October
16, 2013. Prior to issuance of a grading and drainage permit or prior to site
plan approval and permit issuance for any new building(s) or structure(s) on
the site, the following requirements shall apply:

Staff Report: Z-103-23-8
March 1, 2024
Page 10 of 11

a.
The Architect/Engineer is required to show the floodplain boundary limits
on the Grading and Drainage plan and ensure that impacts to the
proposed facilities have been considered, following the National Flood
Insurance Program (NFIP) Regulations (44 CFR Paragraph 60.3). This
includes, but not limited to provisions in the latest versions of the
Floodplain Ordinance of the Phoenix City Code.

b.
A copy of the Grading and Drainage Plan needs to be submitted to the
Floodplain Management section of Street Transportation Department for
review and approval of Floodplain requirements.

c.
FEMA approved CLOMR-F or CLOMR is required prior to issuance of a
Grading and Drainage permit.

3.
The property owner shall record documents that disclose the existence, and
operational characteristics of Phoenix Sky Harbor Airport to future owners or
tenants of the property. The form and content of such documents shall be
according to the templates and instructions provided which have been
reviewed and approved by the City Attorney.

4.
If determined necessary by the Phoenix Archaeology Office, the applicant
shall conduct Phase I data testing and 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 approval.

5.
If Phase I data testing is required, and if, upon review of the results from the
Phase I data testing, the City Archaeologist, in consultation with a qualified
archaeologist, determines such data recovery excavations are necessary, the
applicant shall conduct Phase II archaeological data recovery excavations.

6.
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.

7.
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 1, 2024

Staff Report: Z-103-23-8
March 1, 2024
Page 11 of 11

Team Leader
Racelle Escolar

Exhibits
Sketch Map
Aerial Map
Conceptual Site Plan Date Stamped December 8, 2023

Z-47-01
Z-69-89
Z-148-02
*
*
*
R-4
C-2
R1-6
R-4
R-3
A-2
R-4
R1-6
R-5
R-3
C-3
R-4
R-3
C-3
C-3
Z-9-01
YUMA ST
BUCKEYE RD
20TH AVE
19TH AVE
17TH AVE
18TH AVE
Central City
South Interim
Overlay District
VAN BUREN ST
MC DOWELL RD
JEFFERSON ST
BUCKEYE RD
LOWER BUCKEYE RD
19TH AVE
7TH AVE
CENTRAL AVE
7TH ST
16TH ST
24TH ST
32ND ST
40TH ST
I - 10
I - 17
CENTRAL CITY VILLAGE
CITY COUNCIL DISTRICT: 8
I
APPLICANT'S NAME:
APPLICATION NO.
Z-103-23
GROSS AREA INCLUDING 1/2 STREET
AND ALLEY DEDICATION IS APPROX.
1.01 Acres
MULTIPLES PERMITTED
* Maximum Units Allowed with P.R.D. Bonus
R-4 CCSIO
C-3 CCSIO
CONVENTIONAL OPTION
29
14
* UNITS P.R.D. OPTION
35
17
Michelle Green
DATE:
1/12/2024
REVISION DATES:
AERIAL PHOTO &
QUARTER SEC. NO.
QS 8-25
ZONING MAP
F-7
REQUESTED CHANGE:
FROM: R-4 CCSIO ( 1.01 a.c.)
TO:
C-3 CCSIO ( 1.01 a.c.)
Document Path: S:\Department Share\Information Systems\PL GIS\IS_Team\Core_Functions\Zoning\sketch_maps\2023\Z-103-23.mxd
Z-103-23
0.045
0
0.045
0.0225
Miles
1/22/2024

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Rezoning Parcels