Attachment B - VPC Rec Form - PHO-3-21--Z-47-19-7.pdf

City of Phoenix — Formal (2021-12-15)

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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-3-21—Z-47-19-7 
 
 
Date of VPC Meeting 
November 8, 2021 
Planning Hearing Officer 
Hearing Date 
November 17, 2021 
Request 
1) Review of site plan, landscape plan, and 
elevations by the Planning Hearing Officer per 
Stipulation 33 
2) Modification of Stipulation 35 regarding a 
minimum 25 percent of surface parking areas 
shaded by trees 
Location 
West of the intersection of 59th Avenue and South 
Mountain Avenue 
VPC Recommendation 
Denial as filed, approved with additional stipulations 
VPC Vote 
10-1 
 
VPC DISCUSSION & RECOMMENDED STIPULATIONS: 
 
Sofia Mastikhina, staff, provided an overview of the request, including its locational 
context, and its existing and surrounding zoning. She explained that this site is directly 
to the south of the subject site of the previous agenda item. She presented the 
proposed site plan, landscape plan, and building elevations, as well as the requested 
stipulation modifications. 
 
Jason Morris, representative with Withey Morris PLC, stated that after working with 
members of the community and the public, they have decided to withdraw the request to 
reduce surface parking area landscaping. As such, the only remaining request is the 
review of plans and elevations by the committee. He provided an overview of the site, 
including the location and history of the area, and explained that the subject site has 
always be slated for multifamily development. He stated that the proposed density is 
below that which is allowed by right under the current zoning and explained that one of 
the reasons for this density reduction was to create more open space. The proposed 
open space is 14 percent, most of which is usable and not just retention basins. He 
provided a summary of the overall project including unit count, open space calculation, 
planned amenities, parking lot shading, and a 10-foot-wide Shared Use Path (SUP) 
along 59th Avenue. He presented detailed exhibits of the amenity open space areas as 
well as the overall landscape plan, and the building elevations. He noted that the quality 
of the architecture reflects the projected high price point of the units. 
 
Vice Chair Linda Abegg praised the applicant for providing a project that prioritizes 
families in their selection of amenities. 
Attachment B

City of Phoenix • Planning & Development Department 
200 West Washington Street, 3rd Floor • Phoenix, Arizona 85003-1611 • (602) 262-6882 
 
Chair Tonya Glass praised the applicant for withdrawing their request to reduce the 
number of trees in the parking areas, as well as for adding more landscaping 
enhancements such as palm trees. She also praised the high quality of the building 
elevations, especially the fact that no two buildings on the site will look completely alike. 
 
Stephanie Hurd stated that the proposal is much more modern that what is typically 
developed in Laveen and expressed appreciation for the enhanced amenities. She then 
stated she was surprised no one has approached the applicant regarding this proposal, 
as the building height is four stories. She asked if the Chair or Vice Chair had any 
concerns with this. Vice Chair Abegg explained that, in the original rezoning case, this 
site was permitted this height as a concession to locate the Harkins movie theater on a 
parcel to the north, which received a height waiver. Morris stated that they are will not 
be seeking any variances on the site and will adhere to the development standards of 
the zoning district approved in the original zoning case. 
 
Carlos Ortega expressed his concern with granting a height waiver for this property 
and allowing a four-story apartment complex, as residents will not be able to see the 
mountains. Chair Glass explained that the height waiver was granted to the Harking 
movie theater on a parcel north of the subject site. The zoning for this proposal permits 
four stories by right. 
 
PUBLIC COMMENT 
Sandy Hamilton stated that the amenity package is very nice but that it does not fit in 
with Laveen. He also expressed concern with only having one vehicular access drive for 
over 500 units, as well as with the building height. 
 
Dan Penton stated that his recollection from the original zoning case is that the height 
waiver was conditioned upon the building height being stepped back from 59th Avenue 
to avoid conflicts with the view corridors. Chair Glass explained that the height waiver 
was for the Harkins theater, not this site. Penton then expressed concern with the 
single access point, asked how pedestrian safety is addressed, and asked for 
clarification on the configuration of the parking along the southern property line. 
 
Phil Hertel expressed concern with the single access drive and stated that an 
emergency access point should be added to ensure emergency vehicles can access the 
site without conflicting with resident and guest traffic. He noted that 59th Avenue curves 
north of the site and suggested a right turn lane into the development, on southbound 
59th Avenue. He stated that the development is nice and raises the bar for future 
multifamily developers. 
 
Morris clarified that there is no height waiver for this parcel, and that all four-story 
buildings – which are permitted by right under the current zoning – are interior to the site 
and at least 150 feet from the street. He explained that the parking spaces along the 
southern property line are surface spots and will be shaded with structural and tree 
shade. He then stated that the development could accommodate a deceleration lane on 
southbound 59th Avenue and an additional emergency access gate. 
 
MOTION 
Vice Chair Abegg made a motion to deny the case as filed and approve with two 
additional stipulations as follows:

City of Phoenix • Planning & Development Department 
200 West Washington Street, 3rd Floor • Phoenix, Arizona 85003-1611 • (602) 262-6882 
 
1. The development shall incorporate a deceleration lane on southbound 59th 
Avenue to provide right-turn only ingress to the site, as approved by the Street 
Transportation Planning and Development Departments. 
2. There shall be an emergency access point and gate into the development, as 
approved by the Planning and Development Department. 
 
The stipulation modification request recommended for denial is the following: 
Modification of Stipulation 35 regarding a minimum 25 percent of surface parking areas 
shaded by trees. 
 
Jennifer Rouse seconded the motion. 
 
VOTE: 
10-1, Motion to approve, with Committee Members Glass, Abegg, Barraza, Flores, 
Flunoy, Hurd, Knight, Perrera, Rouse, and Rowe in favor and Committee Member 
Ortega dissenting. 
 
STAFF COMMENTS REGARDING VPC RECOMMENDATION & STIPULATIONS: 
None.