Attachment E - PC Summary - Z-45-23-1.pdf

City of Phoenix — Formal (2024-03-06)

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REPORT OF PLANNING COMMISSION ACTION 
February 1, 2024 
ITEM NO: 5 
DISTRICT NO.: 1
SUBJECT:
Application #: 
Z-45-23-1 (The Shops at Norterra PUD)
Location: 
Northwest corner of Norterra Parkway and Happy Valley Road 
From:
C-2 M-R PCD
To:
PUD PCD
Acreage:
46.45
Proposal: 
PUD (Planned Unit Development) to allow shopping center (existing) with 
temporary/promotional events 
Applicant: 
Yam Norterra, LLC 
Owner: 
Yam Norterra, LLC 
Representative: 
Jason Morris, Withey Morris Baugh, PLC 
ACTIONS: 
Staff Recommendation: Approval, subject to stipulations. 
Village Planning Committee (VPC) Recommendation: 
Deer Valley 11/16/2023 No quorum. 
Deer Valley 1/16/2024 Approval, per the staff recommendation, with a modification. Vote: 9-0.  
Planning Commission Recommendation: Approval, per the staff memo dated January 31, 2024. 
Motion Discussion: N/A 
Motion details: Commissioner Mangum made a MOTION to approve Z-45-23-1, per the staff memo 
dated January 31, 2024. 
 
Maker: Mangum 
 
Second: Hu 
 
Vote: 8-0 
Absent: None   
Opposition Present: No  
Findings: 
1.
The proposal is consistent with the General Plan Land Use Map and is compatible with
the character of the surrounding area.
2.
The proposal promotes employment-generating uses within a Major Employment Center
at an appropriate location with access to an arterial street and near a freeway
interchange.
ATTACHMENT E

3. 
The proposed PUD sets forth standards that enhance the existing shopping center with 
electric vehicle and bicycle parking and will provide improved pedestrian-oriented design 
elements with added shade if there is new development. 
 
Stipulations: 
 
1. 
An updated Development Narrative for The Shops at Norterra PUD reflecting the 
changes approved through the request shall be submitted to the Planning and 
Development Department within 30 days of City Council approval of the request. The 
updated narrative shall be consistent with the Development Narrative date stamped 
January 3, 2024, as modified by the following stipulations: 
 
a. 
Update the front cover page with the submittal date of the Hearing Draft. 
 
 
b. 
Page 9: F. Signs, second bullet: Delete the word “digital”. 
 
2. 
Airport Disclosure: The property owner shall record documents that disclose the 
existence, and operational characteristics of 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. 
 
3. 
Archeologically Sensitive: 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. 
 
4. 
Archeologically Sensitive: 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. 
 
5. 
Archeologically Sensitive: 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. 
 
6. 
Prop 207: Prior to final site plan approval or the issuance of a permit, 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. 
 
Planned Community District Stipulations 
Overall Site Plan 
7. 
That, as a portion of a larger Planned Community District, the following stipulations shall 
apply per Z-74-02-1 and Z-153-99-1. 
 
8. 
The development shall be in general conformance with the site plan date stamped May 
11, 2007, with regards to the pedestrian spine, phasing, and general development 
intensities.

9. 
A maximum of 5 building pads less than 10,000 square feet in size shall be allowed 
throughout the 140.2 acre site. 
 
Amenities 
10. 
The pedestrian spine extending from Jomax to Happy Valley Road as illustrated on the 
conceptual plan date stamped May 11, 2007 shall be visually identified with a 
combination of similar hardscape improvements and a consistent landscape theme, with 
the inclusion of a pedestrian gate so the employees can access the retail parcel to the 
south. 
 
Visual Impacts 
11. 
The below minimum building setbacks shall apply along the following street frontages, 
as approved by the Planning and Development Department. The landscape setback 
along the street frontages shall include a mix of a minimum of 3 and 4 inch caliper trees 
planted approximately 20-feet on center to screen the buildings. 
 
a. 
Happy Valley Road (west of Norterra Parkway) shall be a minimum of 60 feet 
(with a 75-foot average). 
 
12. 
The applicant shall provide a minimum 30-foot, undulating landscape setback, with a 
maximum average landscape setback not to exceed 35 feet, as measured from the 
right-of-way prior to any trail dedication, planted with drought tolerant vegetation in the 
Sonoran Boulevard Standards, and meandering sidewalk (where required) adjacent to 
perimeter street, except along Happy Valley Road; where the landscape setback and 
sidewalk shall be per the Sonoran Boulevard Standards, as measured from the right-of 
way prior to any trail dedication. 
 
13. 
Any loading, maneuvering and other service areas shall be located interior within the 
campus and screened so they are not visible from the perimeter rights-of-way. 
 
14. 
The development along Happy Valley Road shall comply with the Sonoran Boulevard 
Standards. 
 
Parking 
15. 
Individual parking structures shall not be arranged such that they create a linear walled 
effect at the perimeter of the property. 
 
16. 
Parking structures shall be designed, to the greatest extent possible; to minimize the 
mass of parking structures with adjacent residential properties. In addition, the parking 
structures shall be so designed as to prevent vehicular headlights and the interior lights 
of the parking structures from shining directly onto residential properties. 
 
This publication can be made available in alternate format upon request. Please contact Teleia  
Galaviz at 602-291-2559, teleia.galaviz@phoenix.gov, TTY: Use 7-1-1.