Attachment B - VPC Summary - PHO-2-24--Z-127-96-6.pdf

City of Phoenix — Formal (2024-03-20)

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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-2-24—Z-127-96-6 
Date of VPC Meeting 
January 22, 2024 
Date of Planning 
Hearing Officer Hearing 
Request 
February 21, 2024 
1)
Modification of Stipulation 1 regarding general
conformance with the site plan dated October 15,
1997.
2)
Deletion of Stipulation 2 regarding a
Comprehensive Sign Plan.
3)
Modification of Stipulation 7 regarding building
height.
4)
Deletion of Stipulation 8 regarding a landscaped
entryway.
5)
Deletion of Stipulation 9 regarding landscaped
pedestrian walkways.
6)
Technical Correction to Stipulation 3.
Location 
Southeast corner of 48th Street and Thistle Landing 
Drive 
VPC Recommendation 
Approval with additional stipulations 
VPC Vote 
8-0
VPC DISCUSSION:
Item No. 4 (PHO-1-24—Z-10-96-6) and Item No. 5 (PHO-2-24--Z-127-96-6) are inter-
related cases and were heard together. 
3 members of the public registered to speak on this item. 
STAFF PRESENTATION 
Attachment B

Ahwatukee Foothills Village Planning Committee 
Meeting Summary 
PHO-2-24—Z-127-96-6 
Page 2 of 7 
 
 
 
City of Phoenix • Planning & Development Department 
200 West Washington Street, 3rd Floor • Phoenix, Arizona  85003-1611 • (602) 262-6882 
Matteo Moric, staff, introduced Case PHO-1-24—Z-10-96-6 along with the case 
PHO-2-24—Z-127-96-6 which Mr. Moric stated were interrelated. Mr. Moric provided 
an overview identifying the location of the site, showed an aerial of the existing 
buildings which were proposed to be demolished, noted the surrounding zoning, and 
shared the proposed site plan and building elevations. 
 
Mr. Moric then read through the stipulations which were proposed to be deleted as 
part of Case No. PHO-1-24—Z-10-96-6. Mr. Moric then identified the stipulations to 
be modified or deleted as part of Case No. PHO-2-24—Z-127-96-6. 
 
Chair Gasparro explained that this was not a rezoning case and was only for 
stipulation modifications which was a courtesy presentation by the applicant. 
 
APPLICANT PRESENTATION 
Nick Wood, applicant representative, with Snell and Wilmer, LLP, stated this request 
was a change with the site plan and building elevations. Mr. Wood indicated that in 
the middle of the 1990’s City Council started stipulating rezoning cases to ensure they 
understood which site plan and elevations would be built. Mr. Wood commented that 
this is what happened here with this case. Mr. Wood said the stipulation back then 
said one story building, which today sits a 30-foot-tall building. Mr. Wood noted a lot 
of time was spent with the subdivision next door and stated the notification covered a 
greater area than what is required by code and added they went door to door through 
the neighborhood.  
 
Mr. Wood stated this request was equivalent to a down zoning because the site 
currently provided 2,300 parking spaces as part of what was a call center, and the 
number parking spaces was being reduced significantly. Mr. Wood also stated the 
proposal would reduce a lot of traffic from the roadways. Mr. Wood mentioned his 
client Menlo Equities owned the property for nearly nine years. Mr. Wood stated 
Menlo Equities received calls from many brokers who wanted to put multifamily 
development on the site and said this would have been a ton of multifamily for the 
area. Mr. Wood added Menlo Equities has high-tech centers which can do research 
and development and data storage. Mr. Wood noted this proposal was a hybrid 
technology center which would include high-tech and research and development 
companies in addition to a data center. 
 
Mr. Wood stated the proposed development would dramatically reduce the traffic 
levels and increase the landscaping. Mr. Wood also indicated there were areas on the 
site which were home to urban campers. Mr. Wood commented the proposal will 
modify the use, landscaping, and add security to the site which Mr. Wood noted would 
improve the status quo and create a safer environment.  
 
Mr. Wood indicated the current zoning CP/GCP would allow up to 56 feet. Mr. Wood 
said the site plan includes five buildings which were setback from the perimeter of the 
site and on the north, a park would be created which the developer would maintain 
and make available to the neighborhood. Mr. Wood stated they’d have the neighbors

Ahwatukee Foothills Village Planning Committee 
Meeting Summary 
PHO-2-24—Z-127-96-6 
Page 3 of 7 
 
 
 
City of Phoenix • Planning & Development Department 
200 West Washington Street, 3rd Floor • Phoenix, Arizona  85003-1611 • (602) 262-6882 
design for the activity component of the park. Mr. Wood added there would be a gate 
to close the park off at night. Mr. Wood said the substation is necessary for data 
storage and they are not changing the curb cuts and all along the project are security 
fencing with gates. Mr. Wood showed cross sections and pointed out the grade 
separation was six feet. Mr. Wood noted the wrought iron fence would match the 
colors of the building. Also, Mr. Wood noted the park is a response to what people 
want to see including amenities such as fitness zones, dog park, ramadas, climbing 
structures, etc. 
 
Mr. Wood showed that there was more of a setback along the perimeter than what 
was being provided today. Mr. Wood said that it was a significant building setback 
from the nearest homes and the substation would have a decorative wall. Mr. Wood 
said Menlo does everything with quality architecture and design. Mr. Wood stated 
much of the building would be stone and there would be great landscaping. Mr. Wood 
stated the lushness of the landscaping is significant.  
 
Mr. Wood showed the stipulations of the previous zoning case which were being 
modified and the site plan which was approved in 1995. Mr. Wood also added 
proposed Stipulation Nos. 8 through 10. Stipulation No. 8: During construction of 
development, primary access for deliveries and construction related access shall be 
from 50th Street or as approved by the City of Phoenix Street Transportation 
Department; Stipulation No. 9: The publicly accessible open space shall be owned 
and maintained by the property owner; and Stipulation No. 10: The hours of 
accessibility to the publicly accessible open space shall be generally consistent with 
City of Phoenix Parks & Recreation Department Park hours (currently 6am – 10pm), 
or as otherwise approved by the Parks & Recreation Department. 
 
Mr. Wood also explained the stipulations to be removed as part of PHO-1-24--Z-10-
96-6. 
 
Mr. Wood said for the community outreach they went out to the neighborhood and 
received 122 letters of support, 27 verbal supports and 35 neutral which was 
described as people did not care what is being done, and 6 clear no’s where Mr. 
Wood said people just hate it. Mr. Wood indicated that time was spent explaining to 
the neighbors the zoning is not changing, and that they were building something new 
and tearing down the existing buildings. 
 
QUESTIONS FROM COMMITTEE/APPLICANT RESPONSE 
Clifford Mager asked if they would activate the park and maintain it, and Mr. Wood 
clarified they would. 
 
Mr. Mager asked if the landscaping would be maintained by the operator, Menlo. Mr. 
Wood said it would be maintained by Menlo and not the City. 
 
Mr. Mager asked if there was a common nature of the no votes. Mr. Wood said they 
did not like the change, construction, dust, etc.

Ahwatukee Foothills Village Planning Committee 
Meeting Summary 
PHO-2-24—Z-127-96-6 
Page 4 of 7 
 
 
 
City of Phoenix • Planning & Development Department 
200 West Washington Street, 3rd Floor • Phoenix, Arizona  85003-1611 • (602) 262-6882 
 
Toni Broberg inquired about the duration of construction. Allison Koo with Menlo 
Equities said construction would be staged overall for approximately 18 to 24 months. 
 
Mike Schiller noted the area near the substation did not have a security fence. Mr. 
Wood said they have the option to move the fence and they could gently move the 
urban campers away if that becomes a problem. 
 
Mr. Wood added SRP would build the substation. 
 
Mr. Mager asked about the culvert and how the property carries a lot of water 
southeast. Mr. Wood said the city would require the site to retain enough water onsite 
and to hire a hydrologist and civil engineer. Mr. Mager said that from Thistle Landing 
Drive and 48th Street a lot of water is carried. Mr. Mager asked how they would 
handle the drainage. Mr. Wood said they would need to keep enough water onsite 
and much of it in underground tanks. 
 
Mr. Mager said directly north of the northeast corner of 48th Street and Thistle 
Landing Drive has had tendency to flood nearby and goes somewhere underground 
and asked if there was an opportunity for the Street Transportation Department to 
look at it and deal with the flooding. Mr. Wood said there were lots of the older 
projects which did not have the same civil requirements for storm water. 
 
Chair Gasparro said data centers typically require lots of power and water use. Mr. 
Wood said they worked on lots of data centers, and they used to use water to cool 
the electronics. But with today’s technology will not need to use as much water as the 
older projects. 
 
Toni Broberg asked about the noise generated from the project and Mr. Wood said 
with the new technology it is a quiet user.  
 
PUBLIC COMMENTS 
Richard Dunlap said he was the nearest backyard to the proposed development and 
was concerned of what was portrayed for the heights compared to what is existing. 
Mr. Dunlap felt it was substantially higher and indicated the triangle park area was 
something he encouraged. Mr. Dunlap wanted Building Number 3 to push the highest 
point away and asked how power was being brought to the building. Mr. Dunlap was 
concerned with how much higher the buildings would be and was concerned they 
would look institutional. 
 
Mr. Wood said the current building was one story and 30 feet tall, and the proposal is 
for a 56-foot-tall building. Mr. Wood said the buildings would be 26 feet taller than the 
existing buildings, but they would be moved further away from the perimeter and there 
is a grade separation of six feet, so Mr. Wood felt the buildings would appear to be 50 
feet tall. Also, Mr. Wood said the landscape with the trees would help soften the

Ahwatukee Foothills Village Planning Committee 
Meeting Summary 
PHO-2-24—Z-127-96-6 
Page 5 of 7 
 
 
 
City of Phoenix • Planning & Development Department 
200 West Washington Street, 3rd Floor • Phoenix, Arizona  85003-1611 • (602) 262-6882 
building. Mr. Wood noted many of his clients make one big building, but here are five 
separate buildings which make a big difference for the visual effect. 
 
Chair Gasparro said the neighbor asked about power to the site and substation and 
Mr. Wood said he did not know the answer to this question. 
 
Shashi Channar had several questions and asked why they could not use the four 
existing buildings and turn the site into a data center. Mr. Channar also asked about 
traffic demand and wondered why there was not a lot of parking proposed on the site. 
Mr. Channar also wanted to know if it was a 24-hour operation facility and where 
people are going to park when visiting the proposed park. Additionally, Mr. Channar 
asked about sound mitigation and wanted to know the amount of decibels that would 
be heard. Mr. Channar also questioned the length of each building and where the 
retention basin is being located. 
 
Mr. Wood responded that the existing four buildings were old and antiquated and 
cannot be converted to a data center, and the existing buildings need to come down, 
he said the existing buildings were ugly and that because of technology today noise 
will not be a problem and said this was not strictly a data center. Mr. Wood added that 
parking for the park could be designed on site but indicated most people could walk to 
the park. Mr. Wood said there would be 240 parking spaces compared to the 2300 
parking spaces provided today. Mr. Wood clarified this was a highly secured site and 
the purpose of the security was because it would be used for very high tech and data 
storage. 
 
Felicia Muller said she was with the Crimson Mountain Homeowner’s Association 
across the street. Ms. Muller expressed concerns if there were enough parking 
spaces provided because if not it could lead to parking on their streets and concerns 
with the unhoused population. 
 
Mr. Mager said this project was taller than the Converge Logistics site to the east. 
 
Chair Gasparro provided clarity that the site plan indicated 208 parking spaces and 
the applicant said 240 parking spaces. Chair reminded everyone that the item was a 
courtesy and that there would be two possible motions. 
 
Chair Gasparro clarified that Agenda Item No. 5 is for the larger portion of the 
property and larger buildings. 
 
MOTION 
Toni Broberg made a motion to recommend approval of PHO-2-24—Z-127-96-6 with 
additional stipulations. Kimberly Barua seconded the motion. 
 
VOTE

Ahwatukee Foothills Village Planning Committee 
Meeting Summary 
PHO-2-24—Z-127-96-6 
Page 6 of 7 
 
 
 
City of Phoenix • Planning & Development Department 
200 West Washington Street, 3rd Floor • Phoenix, Arizona  85003-1611 • (602) 262-6882 
8-0, Motion to recommend approval of PHO-2-24—Z-127-96-6 with additional 
stipulations passed with Committee Members Barua, Broberg, Mager, Maloney, 
Meier, Pritchette, Schiller and Chair Gasparro in favor. 
 
Mr. Mager commented on his vote as in favor but wants to note that there is a great 
tendency to have land not activating the street or neighborhood and believed when 
we talk about city centers this is a missed opportunity, and added this is a bigger 
issue than for this case and this applicant. 
 
Mr. Moric reminded the Committee and public that these items would go to the 
Planning Hearing Officer (PHO) on February 21, 2024. 
 
VPC RECOMMENDED STIPULATIONS 
1. 
That development be in general conformance with the site plan dated, 
October l5, l997 DECEMBER 7, 2023 as may be modified by the following 
stipulations, and the Development Services Department AS APPROVED BY 
THE PLANNING AND DEVELOPMENT DEPARTMENT. 
 
 
2. 
That the property be subject to a Comprehensive Sign Plan per Section 
705.JJJ of the Zoning Ordinance. The sign plan shall convey a sense of 
continuity between the buildings and the property as a whole. 
 
 
3. 
That all buildings within the project shall be harmonious with each other and 
each building elevation shall be consistent and continuous in design and 
materials around the building, as approved by the Development Services 
Department PLANNING AND DEVELOPMENT DEPARTMENT. 
 
 
4. 
That the following right-of-way dedications be provided: 
 
 
 
a. 
A 55-foot half street and landscape/sidewalk for 48th Street: 
 
 
 
 
b. 
A 33-foot half street and a 10-foot landscape/sidewalk easement for 
Thistle Landing drive; and 
 
 
 
 
c. 
A 35-foot half street and a 10-foot landscape/sidewalk easement for 50th 
Street: 
 
 
 
 
d. 
d. An 18-foot by 18-foot triangle at 48th Street and Thistle Landing Drive. 
 
 
 
5. 
Additional right-of-way dedications may be required upon review of the final 
approved Traffic Impact Study by the Street Transportation Department. 
 
 
6. 
The developer shall construct all streets within and adjacent to the 
development with paving, curb, gutter, sidewalk, streetlights, median islands, 
landscaping and other incidentals as per plans approved by the City.

Ahwatukee Foothills Village Planning Committee 
Meeting Summary 
PHO-2-24—Z-127-96-6 
Page 7 of 7 
 
 
 
City of Phoenix • Planning & Development Department 
200 West Washington Street, 3rd Floor • Phoenix, Arizona  85003-1611 • (602) 262-6882 
7. 
That no buildings shall exceed one story 56-FEET in height. 
 
 
8. 
That a landscaped entryway feature be provided at the northwest corner of 
the site as approved by the Development Services Department. 
 
 
9. 
That landscaped pedestrian walkways be provided throughout the site 
connecting to buildings and adjacent rights-of-way as approved by the 
Development Services Department. 
 
 
8. 
DURING CONSTRUCTION OF DEVELOPMENT, PRIMARY ACCESS FOR 
DELIVERIES AND CONSTRUCTION RELATED ACCESS SHALL BE 
FROM 50TH STREET OR AS APPROVED BY THE CITY OF PHOENIX 
STREET TRANSPORTATION DEPARTMENT. 
 
 
9. 
THE PUBLICLY ACCESSIBLE OPEN SPACE SHALL BE OWNED AND 
MAINTAINED BY THE PROPERTY OWNER. 
 
 
10. 
THE HOURS OF ACCESSIBILITY TO THE PUBLICLY ACCESSIBLE OPEN 
SPACE SHALL BE GENERALLY CONSISTENT WITH CITY OF PHOENIX 
PARKS & RECREATION DEPARTMENT PARK HOURS (CURRENTLY 
6AM – 10PM), OR AS OTHERWISE APPROVED BY THE PARKS & 
RECREATION DEPARTMENT.