Attachment B - Staff Report - Z-47-22-1.pdf
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Staff Report Z-47-22-1
October 7, 2022
Deer Valley Village Planning Committee
Meeting Date:
October 13, 2022
Planning Commission Hearing Date:
November 3, 2022
Request From:
C-1 (Neighborhood Retail) (1.56 acres)
Request To:
C-2 (Intermediate Commercial) (1.56
acres)
Proposed Use:
Commercial use
Location:
Southwest corner of 35th Avenue and
Paradise Lane
Owner:
Sunrise 1, LLC
Applicant:
David E. Richert
Representative:
David E. Richert
Staff Recommendation:
Approval, subject to stipulations
General Plan Conformity
General Plan Land Use Map Designation
Residential 5 to 15 dwelling
units/acre
Street Map Classification
35th Avenue
Major
Arterial
55-feet west half street
Paradise Lane Minor
Collector
30-feet south half street
CELEBRATE OUR DIVERSE COMMUNITIES AND NEIGHBORHOODS CORE
VALUE; CLEAN NEIGHBORHOODS; Facilitate the acquisition of vacant,
underutilized, and blighted parcels for appropriate redevelopment, compatible
with the adjacent neighborhood character and adopted area plans.
The proposed rezoning allows for the opportunity to provide additional commercial
development on an underutilized parcel. As proposed and stipulated, the rezoning
request is designed to be sensitive to the surrounding neighborhood and compatible
Attachment B
Staff Report: Z-47-22-1
October 7, 2022
Page 2 of 11
with the surrounding residential and commercial uses. There are appropriate building
and landscape setbacks and landscaping for screening and pedestrian comfort.
CONNECT PEOPLE AND PLACES CORE VALUES; OPPORTUNITY SITES;
LAND USE PRINCIPLE: Support reasonable levels of increased intensity,
respectful of local conditions and surrounding neighborhoods.
The requested zoning will allow for a low intensity commercial use with relatively low
traffic volumes, that is consistent with the scale and character of the surrounding area
and will serve as a buffer between the single-family neighborhood and the major
arterial street. Adjacent non-residential uses include a professional plaza, an
electrical substation, city park, and a church.
BUILD THE SUSTAINABLE DESERT CITY CORE VALUE; TREES AND SHADE;
DESIGN PRINCIPLE: Integrate trees and shade into the design of new
development and redevelopment projects throughout Phoenix.
The proposal, as stipulated, sets forth extensive landscaping standards designed to
provide robust tree shade cover along its street frontages. Detached sidewalks along
all street frontages framed with landscape strips will provide thermal comfort for
pedestrians. The proposal, as stipulated, also requires that a minimum of 75 percent
of public pedestrian pathways be shaded.
Applicable Plans, Overlays, and Initiatives
Tree and Shade Master Plan: Background Item No. 5.
Complete Streets Guidelines: Background Item No. 6.
Zero Waste PHX: Background Item No. 7.
Surrounding Land Uses and Zoning
Land Use
Zoning
On Site
Vacant
C-1
North
Single-family residential
R1-8
South
Professional plaza
C-1
East (across 35th
Avenue)
Conocido Park
S-1
West
Single-family residential
R1-10
Staff Report: Z-47-22-1
October 7, 2022
Page 3 of 11
C-2 (Intermediate Commercial)
Standards
Requirements
Proposed
Minimum Building Setbacks
Adjacent to Streets:
(East – 35th Avenue
North – Paradise Lane)
Average 25 feet, minimum 20
feet permitted for up to 50% of
the structure
Met – 25 feet
Not Adjacent to Streets:
(West – Adjacent to R1-10)
25 feet
Met – 29 feet
Not Adjacent to Streets:
(South – Adjacent to C-1)
0 feet
Met – 0 feet
Minimum Landscape Setbacks
Adjacent to Streets:
(East – 35th Avenue
North – Paradise Lane)
Average 25 feet, minimum 20
feet permitted for up to 50% of
the structure
Met – 29 feet
Not Adjacent to Streets:
(West – Adjacent to R1-10)
10 feet
Met – 10 feet
Not Adjacent to Streets:
(South – Adjacent to C-1)
0 feet
Met – 0 feet
Lot Coverage
Maximum 50%
Met – 33.08%
Building Height
Maximum 2 stories / 30 feet
Met – 1 story/15 feet
Parking
Minimum 5 spaces required
Met – 5 spaces provided
Background/Issues/Analysis
SUBJECT SITE HISTORY AND PROPOSAL
1.
This request is to rezone 1.56 acres located at the southwest corner of 35th
Avenue and Paradise Lane from C-1 (Neighborhood Retail) to C-2 (Intermediate
Commercial) to allow commercial uses. Companion rezoning case No. Z-SP-5-
22-1 is a request to add a special permit for a self-service storage facility.
The subject site was annexed into the city in 1965 under S-1 equivalency zoning.
In 1986 the site was approved for C-1 zoning for a preschool. The preschool
burned down around 2005 and the lot has remained vacant ever since.
Site in 1969 Preschool circa 1991 Site in 2022
Site Aerials
Source: City of Phoenix Planning and Development Department
Staff Report: Z-47-22-1
October 7, 2022
Page 4 of 11
SURROUNDING LAND USES AND ZONING
2.
The requested zoning district is
consistent and compatible with the
surrounding land uses. The
surrounding zoning districts are C-
1 (Neighborhood Retail) to the
south, S-1(Ranch or Farm
Residence) to the east (across
35th Avenue), R1-10 (Single-family
Residence District) to the west,
and R1-8 (Single-family Residence
District) to the north (across
Paradise Lane).
The surrounding land uses are
single-family residential to the
north and west, a public park to the
east, and a business professional
building to the south.
Site Aerial
Source: City of Phoenix Planning and Development
Department
GENERAL PLAN LAND USE MAP DESIGNATION
3.
The General Plan Land Use Map
designation for the subject site is
Residential 5 to 15 dwelling units per
acre. The General Plan Land Use Map
designations to the west and south are
Residential 5 to 15 dwelling units per
acre. To the north the General Plan
Land Use Map designation is
Residential 3.5 to 5 dwelling units per
acre. West of the site the General Plan
Land Use Map designation is
Parks/Open Space - Public. Although
the proposal is not consistent with the
General Plan Land Use Map
designation, it is compatible with the
surrounding land uses. A General Plan
amendment is not required since the
property, combined with the property to
the south, is less than 10 acres.
General Plan Land Use Map
Source: City of Phoenix Planning and
Development Department
Staff Report: Z-47-22-1
October 7, 2022
Page 5 of 11
PROPOSAL
4.
Site Plan
The applicant is proposing a self-service storage facility. The proposed storage
units and office will maintain a 28-foot building setback from the east and north
property lines. No proposed building will exceed a height of 15 feet. The
conceptual site plan indicates two vehicular access points located along 35th
Avenue and Paradise Lane. General conformance to the site plan submitted on
June 9, 2022, is not stipulated because the access point on Paradise Lane will
require a variance to provide ingress/egress from a commercial property onto a
residential street. The entrance point located on 35th Avenue will require a
modification as addressed in Stipulation No.11. Parking areas will be located
adjacent to the office area near the southeast portion of the site. Furthermore,
wide building setbacks of 29 and 50 feet are depicted on the site plan along the
west property line, which is larger than that required by the Zoning Ordinance
and will help buffer the uses on the site. Stipulation No. 2 addresses this
enhanced building setback and requires at minimum 28 feet. Stipulation No. 3
requires that the primary customer parking area be located on the southeast
quadrant of the site, so that it is located as proposed on the site plan.
Proposed Site Plan
Source: Katich Enterprises, Inc.
Elevations
The conceptual building elevations depict architectural features that include
variations in colors and building articulation, and emphasizes the southeast
Staff Report: Z-47-22-1
October 7, 2022
Page 6 of 11
corner of the site where the primary pedestrian entrance is located. Staff is not
recommending general conformance to the submitted building elevations to
allow flexibility with the design of the building to allow flexibility with the design of
the building. However, to ensure the height is compatible with the single-family
residential development to the south, staff is recommending Stipulation No.1 for
a maximum building height of 20 feet.
Proposed Elevations
Source: Applicant
STUDIES AND POLICIES
5.
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. Staff is recommending stipulations designed to provide trees and enhance
shade within the development.
The proposal includes stipulations for enhanced landscaped areas, detached
sidewalks, and a minimum 75 percent shade requirement for all public sidewalks
in Stipulation Nos. 4-6.
6.
Complete Streets Guidelines
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. To provide a safe pedestrian
environment staff is recommending enhanced pavement treatment for the on-site
pedestrian walkways that cross vehicular drive aisles. This is addressed in
Staff Report: Z-47-22-1
October 7, 2022
Page 7 of 11
Stipulation No. 8. This development will help enhance the immediate street
frontage by providing a detached sidewalk along 35th Avenue and along
Paradise Lane. Furthermore, a bus pad is required per Stipulation No. 10 and
bicycle parking will be required on the site to encourage alternative
transportation. This is addressed in Stipulation No. 9. In addition, any street
improvements will be done to City of Phoenix and ADA standards. This is
addressed in Stipulation No. 14. In addition, Stipulation No. 7 will require the
developer to construct a multi-use trail along the south side of Paradise Lane.
7.
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
Section 716 of the Phoenix Zoning Ordinance expand its recycling and other
waste diversion programs. The applicant indicated that recycling containers will
be provided on site.
COMMUNITY CORRESPONDENCE
8.
As of the writing of this report, staff has received one written letter in opposition
from the public regarding this request with concerns about increased traffic, loss
of property values, and security.
INTERDEPARTMENTAL COMMENTS
9.
The Fire Department indicated there are no problems anticipated with the case
and that the site and/or buildings shall comply with the International Fire Code
with Phoenix Amendments. Further, the Department commented that they do not
know the water supply at this site and noted that fire flow requirements may
present a challenge for this site.
10. The Street Transportation Department commented that all required street
improvements shall be provided and meet ADA standards. This is addressed in
Stipulation No. 14. The department is also requiring a modified driveway on 35th
Avenue and half street right of way dedications which are addressed in
Stipulation Nos. 11 through 13.
11. The Public Transit Department has required the developer to construct a bus
stop pad along southbound 35th Avenue with right-of-way dedication as
necessary along with a clearly defined, accessible and shaded pedestrian
pathway to connect all main site elements and public sidewalks. The department
further required that all pedestrian sidewalks be shaded to 75 percent at tree
maturity. These standards have been addressed in Stipulation Nos. 5, 6, and 10.
OTHER
12. The site has not been identified as being archeologically sensitive. However, in
the event archaeological materials are encountered during construction, all
Staff Report: Z-47-22-1
October 7, 2022
Page 8 of 11
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. This is addressed in Stipulation
No. 15.
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 preliminary site plan
approval. This is addressed in Stipulation No. 16.
14. Development and use of the site is subject to all applicable codes and
ordinances. Zoning approval does not negate other ordinance requirements such
as obtaining a use permit to conduct the proposed outdoor use in this zoning
district. Other formal actions such as, but not limited to, zoning adjustments and
abandonments, may be required.
Findings
1.
The proposed development is appropriate at this location and is consistent with
the scale and existing uses in the surrounding area.
2.
The proposal will provide commercial development on an underutilized parcel
and will facilitate pedestrian-oriented design and promote a safer walking
environment.
3.
The development, as stipulated, will incorporate design and landscaping features
that enhance the location, consistent with General Plan goals and principles.
Stipulations
1.
The maximum building height shall be 20 feet.
2.
A minimum building setback of 28 feet shall be required along the west property
line.
3.
The primary customer parking area shall be located on the southeast quadrant of
the site, as approved by the Planning and Development Department.
4.
The applicant shall provide a 25-foot by 25-foot enhanced landscape area at the
northeast corner of the site to include a minimum of two 4-inch caliper trees with
five 5-gallon shrubs per tree and raised flower beds to compliment the landscape
theme, as approved by the Planning and Development Department.
5.
The developer shall construct a minimum 5-foot-wide detached sidewalk and
Staff Report: Z-47-22-1
October 7, 2022
Page 9 of 11
minimum 11-foot-wide landscape strip located between the sidewalk and back of
curb, along the west side of 35th Avenue, planted to the following standards and
as approved by the Planning and Development Department.
a.
Minimum 75 percent two-inch caliper single-trunk drought-tolerant shade
trees and 25 percent three-inch caliper single-trunk drought-tolerant shade
trees planted a minimum of 20 feet on center or in equivalent groupings and
provide a minimum of 75 percent shade at maturity.
b.
Drought tolerant vegetation to achieve 75 percent live coverage at maturity.
Where utility conflicts exist, the developer shall work with the Planning and
Development Department on alternative design solutions consistent with a
pedestrian environment.
6.
The developer shall construct a minimum 5-foot-wide detached sidewalk and
minimum 8-foot-wide landscape strip located between the sidewalk and back of
curb, along the south side of Paradise Lane, planted to the following standards
and as approved by the Planning and Development Department.
a.
Minimum 75 percent two-inch caliper single-trunk drought-tolerant shade
trees and 25 percent three-inch caliper single-trunk drought-tolerant trees
planted a minimum of 20 feet on center or in equivalent groupings and
provide a minimum of 75 percent shade at maturity.
b.
Drought tolerant vegetation to achieve 75 percent live coverage at maturity.
Where utility conflicts exist, the developer shall work with the Planning and
Development Department on alternative design solutions consistent with a
pedestrian environment.
7.
A 30-foot wide multi-use trail easement (MUTE) shall be dedicated along the
south side of Paradise Lane and a minimum 10-foot wide multi-use trail (MUT)
shall be constructed within the easement, in accordance with the MAG
supplemental detail indicated in Section 429 and as modified or approved by the
Planning and Development Department.
8.
Where pedestrian pathways cross a vehicular path, the pathway shall be
constructed of decorative pavers, stamped or colored concrete, or other
pavement treatments that visually contrasts with parking and drive aisle
surfaces, as approved by the Planning and Development Department.
9.
A minimum of 4 bicycle parking spaces shall be provided through Inverted U
and/or artistic racks installed per the requirements of Section 1307.H. of the
Phoenix Zoning Ordinance, or in a secure room, as approved by the Planning
Staff Report: Z-47-22-1
October 7, 2022
Page 10 of 11
and Development Department.
10. The developer shall construct a bus stop pad along southbound 35th Avenue
with right-of-way dedication as necessary. The design shall be according to City
of Phoenix Standard Detail P1260 with a depth of 10 feet and located from the
intersection of Paradise Lane according to City of Phoenix Standard Detail
P1258.
11. The developer shall construct a modified P-1243-3 right-in / right-out and left-in
only driveway along 35th Avenue, as approved by the Planning and
Development Department and Street Transportation Department.
12. The developer shall dedicate minimum 30-feet of right-of-way for the south half
of Paradise Lane, as approved by the Planning and Development Department.
13. The developer shall dedicate minimum 55-feet of right-of-way for the west half of
35th Avenue, as approved by the Planning and Development Department.
14. The developer shall construct all streets within and adjacent to the development
with paving, curb, gutter, sidewalk, curb ramps, streetlights, median islands,
landscaping and other incidentals, as per plans approved by the Planning and
Development Department. All improvements shall comply with all ADA
accessibility standards.
15. 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.
16. Prior to preliminary 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
Elias Valencia
October 7, 2022
Team Leader
Racelle Escolar
Exhibits
Zoning sketch map
Aerial sketch map
Conceptual Site Plan date stamped June 9, 2022
Staff Report: Z-47-22-1
October 7, 2022
Page 11 of 11
Conceptual Elevations date stamped June 9, 2022
Community Correspondence (1 page)
Z-152-83
Z-81-87
Z-92-86
Z-104-87
Z-93-85
Z-246-81
Z-31-74
*
*
*
*
*
*
*
R1-18
R1-10
R1-8
C-1
R1-8
S-1
R1-10
R1-10
R-2
C-1
C-1
S-1
R1-10
SANDRA TER
34TH AVE
35TH DR
35TH AVE
BEVERLY LN
35TH LN
36TH AVE
MARCONI AVE
GRANDVIEW RD
36TH DR
EMIG RD
PARADISE LN
MONTE CRISTO AVE
GREENWAY RD
BELL RD
UNION HILLS DR
DEER VALLEY DR
PINNACLE PEAK RD
HAPPY VALLEY RD
JOMAX RD
51ST AVE
43RD AVE
35TH AVE
19TH AVE
7TH AVE
7TH ST
16TH ST
I - 17
SR 101
DEER VALLEY VILLAGE
CITY COUNCIL DISTRICT: 1
I
APPLICANT'S NAME:
APPLICATION NO.
Z-47-22
GROSS AREA INCLUDING 1/2 STREET
AND ALLEY DEDICATION IS APPROX.
1.56 Acres
MULTIPLES PERMITTED
* Maximum Units Allowed with P.R.D. Bonus
C-1
C-2
CONVENTIONAL OPTION
22
* UNITS P.R.D. OPTION
27
27
David E. Richert
DATE:
6/29/2022
REVISION DATES:
AERIAL PHOTO &
QUARTER SEC. NO.
QS 35-20
ZONING MAP
L-6
REQUESTED CHANGE:
FROM: C-1 ( 1.56 a.c.)
TO:
C-2 ( 1.56 a.c.)
Document Path: S:\Department Share\Information Systems\PL GIS\IS_Team\Core_Functions\Zoning\sketch_maps\2022\Z-47-22.mxd
Z-47-22
0.05
0
0.05
0.025
Miles
22
Z-152-83
Z-81-87
Z-92-86
Z-104-87
Z-93-85
Z-246-81
Z-31-74
*
*
*
*
*
*
*
R1-18
R1-10
R1-8
C-1
R1-8
S-1
R1-10
R1-10
R-2
C-1
C-1
S-1
R1-10
SANDRA TER
34TH AVE
35TH DR
35TH AVE
BEVERLY LN
35TH LN
36TH AVE
MARCONI AVE
GRANDVIEW RD
36TH DR
EMIG RD
PARADISE LN
MONTE CRISTO AVE
Maricopa County Assessor's
GREENWAY RD
BELL RD
UNION HILLS DR
DEER VALLEY DR
PINNACLE PEAK RD
HAPPY VALLEY RD
JOMAX RD
51ST AVE
43RD AVE
35TH AVE
19TH AVE
7TH AVE
7TH ST
16TH ST
I - 17
SR 101
DEER VALLEY VILLAGE
CITY COUNCIL DISTRICT: 1
I
APPLICANT'S NAME:
APPLICATION NO.
Z-47-22
GROSS AREA INCLUDING 1/2 STREET
AND ALLEY DEDICATION IS APPROX.
1.56 Acres
MULTIPLES PERMITTED
* Maximum Units Allowed with P.R.D. Bonus
C-1
C-2
CONVENTIONAL OPTION
22
* UNITS P.R.D. OPTION
27
27
David E. Richert
DATE:
6/29/2022
REVISION DATES:
AERIAL PHOTO &
QUARTER SEC. NO.
QS 35-20
ZONING MAP
L-6
REQUESTED CHANGE:
FROM: C-1 ( 1.56 a.c.)
TO:
C-2 ( 1.56 a.c.)
Document Path: S:\Department Share\Information Systems\PL GIS\IS_Team\Core_Functions\Zoning\sketch_maps\2022\Z-47-22.mxd
Z-47-22
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PHOENIX, AZ 85053
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