Attachment B - Staff Report - PHO-1-22--Z-26-15-4 pdf
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Staff Report: PHO-1-22--Z-26-15-4
APPLICATION #:
PHO-1-22--Z-26-15-4
LOCATION:
Northwest corner of Central Avenue and Pierson Street
EXISTING ZONING:
PUD
ACREAGE:
2.95
REQUEST:
1) Modification of Stipulation 5 regarding conditional approval
upon development commencing within seven years.
2) Technical correction for Stipulation 2.
APPLICANT:
Ed Bull, Burch & Cracchiolo, PA
OWNER:
Kim Sperry, Omninet Central, LP
REPRESENTATIVE:
Ed Bull, Burch & Cracchiolo, PA
STAFF RECOMMENDATION
Approval with additional stipulations, as recommended by the Planning Hearing Officer.
PLANNING HEARING OFFICER RECOMMENDATION
The Planning Hearing Officer heard the request on August 17, 2022 and recommended
approval with additional stipulations.
VILLAGE PLANNING COMMITTEE RECOMMENDATION
The Alhambra Village Planning Committee was scheduled to hear this request on July
26, 2022 but did not have a quorum.
BACKGROUND/ANALYSIS
The subject site consists of 2.95 gross acres located at the northwest corner of Central
Avenue and Pierson Street and is zoned PUD (Planned Unit Development) for the
Omninet - West PUD. The applicant requested a modification of Stipulation 5 regarding
conditional approval upon development commencing within seven years. The
Attachment B
Staff Report – PHO-1-22—Z-26-15-4
October 6, 2022 Planning Commission
Page 2 of 5
modification would allow an extension of one additional year to commence development.
The applicant’s narrative (Exhibit B) notes that the development has received preliminary
site plan approval however delays regarding utility relocation and other necessary
approvals will likely prevent the development from occurring within the stipulated
timeframe.
The appellant argues in their appeal document (Exhibit A) that the proposed development
has been significantly modified since the original approval of the Omninet-West PUD.
They argue that these modifications no longer reflect the transit-oriented, walkable
character of the original PUD. The appellant argues that the time extension should not be
granted due to these modifications.
PREVIOUS HISTORY
On December 16, 2015, the Phoenix City Council approved Rezoning Case No. Z-26-15-
4, a request to rezone approximately 3.53 gross acres located at the northwest corner of
Central Avenue and Pierson Street from R-3 TOD-1 (Multifamily Residence District,
Interim Transit-Oriented Zoning Overlay District One), R-5 TOD-1 (Multifamily Residence
District, Interim Transit-Oriented Zoning Overlay District One), C-2 TOD-1 (Intermediate
Commercial, Interim Transit-Oriented Zoning Overlay District One), and P-1 TOD-1
(Parking District, Interim Transit-Oriented Zoning Overlay District One) to PUD (Planned
Unit Development), subject to stipulations (Exhibit E). This approval established the
Omninet – West PUD.
The Omninet – West PUD, was intended to enable the redevelopment of the site with a
mixed-use development consisting of multifamily residential and commercial uses.
Maximum building setbacks for the site are 12 feet from Central Avenue, 30 feet from the
Light Rail frontage, 10 feet from Mariposa and Pierson Streets. The minimum building
setbacks for the western property line are five (5) feet for the south portion and 15 feet for
the north portion. The maximum number of dwelling units is 286. The maximum building
height is 56 feet. Design guidelines include requirements for pedestrian connectivity to
the Camelback Road/ Central Avenue Light Rail Station, Pierson Street, and retail shops.
Mixed use buildings are required to provide a community pool and other gathering areas
on the second level. Building accents, materials, and details are required to be consistent
with elements of the Walkable Urban Code and compatible with the adjacent Pierson
Place Historic Neighborhood. Streetscape landscaping is required to conform with
existing plans and guidelines for Central Avenue including the Central Avenue
Beautification Plan and the Central Avenue Development Standards. The complete PUD
Development Narrative is available online at https://www.phoenix.gov/pdd/planning-
zoning/pzservices/pud-cases.
NEIGHBORHOOD CONCERNS
Public Correspondence
One letter of opposition was received regarding this request. Concerns expressed in the
correspondence include the following:
Staff Report – PHO-1-22—Z-26-15-4
October 6, 2022 Planning Commission
Page 3 of 5
• Modifications to proposed plans originally presented to the public during the
hearing process for the original rezoning case.
• The permitted building height was contingent on features that have been modified
or removed since the original approval.
• Changes to the development team associated with the project.
GENERAL PLAN LAND USE MAP DESIGNATION
Commercial and Residential 10 to 15 dwelling units per acre
CHARACTER OF SURROUNDING LAND USE
Zoning
Land Use
On-site:
PUD
Vacant
North:
R-3, C-2 (App. C-2 HR)
Vacant
Light Rail Station
South:
R-5 HR, C-2 HR
Multifamily Residential
Commercial
East:
PUD
Mixed-Use Development
(Across Central Avenue)
West:
R-3 HP, R-5
Single-Family Residential
Multifamily Residential
PLANNING HEARING OFFICER FINDINGS
The Planning Hearing Officer’s recommendation was based on the following findings:
1) The request to modify Stipulation 5 regarding conditional approval of development is
recommended to be approved. The request will allow an additional year (an increase
from 7 to 8 years total) to commence development. The applicant noted unexpected
delays related to the ongoing pandemic and infrastructure issues.
2) The site is identified as archaeologically sensitive and three additional stipulations are
recommended to be included to address requirements for archaeological survey and
testing.
Staff Report – PHO-1-22—Z-26-15-4
October 6, 2022 Planning Commission
Page 4 of 5
PLANNING HEARING OFFICER RECOMMENDED STIPULATIONS
1.
An updated Development Narrative for the Omninet - West PUD
reflecting the changes approved through this request shall be submitted
to the Planning and Development Department within 30 days of City
Council approval of this request. The updated Development Narrative
shall be consistent with the Development Narrative date stamped
October 14, 2015.
2.
The property owner shall provide a deposit in the amount of $50,000 into
a Street Transportation Department escrow account at the City of
Phoenix to be utilized for traffic calming measures in the Pierson Place
Historic District. These funds may be contributed toward the purchase
and installation of such devices as roundabouts, speed humps/cushions,
or raised crosswalks (speed tables), limited turning, traffic diverters,
gates or other such traffic calming or management tools for the area
bounded by Central Avenue, Camelback Road, 7th Avenue, and the
Grand Canal. Distribution of funds shall be at the mutual agreement of
the five member neighborhood traffic team, the residents on affected
streets, and the City of Phoenix Streets TRANSPORTATION Department
Safety and Neighborhood Traffic section. Owner may apply for
reimbursement of escrow funds from the Street Transportation
Department if no special petition has been submitted within 5 years from
the issuance of a certificate of occupancy.
3.
Developer shall install a monument proximate to the northwest corner of
the site identifying the Pierson Place Historic District and facing toward
the Light Rail station, as approved by the Planning and Development
Department. The monument shall be similar to the existing Pierson Place
Historic District Monument located proximate to the southwest corner of
3rd Avenue and Camelback Road, or as otherwise agreed upon by the
developer and the Board of Directors of the Pierson Place Historic
District.
4.
The developer shall construct a directional retail driveway to direct retail
traffic away from the neighborhood as approved by the Planning and
Development Department.
5.
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.
Staff Report – PHO-1-22—Z-26-15-4
October 6, 2022 Planning Commission
Page 5 of 5
6.
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.
7.
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.
8.
5.
The approval shall be conditioned upon development commencing within
EIGHT (8) seven (7) years of the City Council approval of this change of
zoning in accordance with Section 506.B.1 of the Phoenix Zoning
Ordinance. (For purposes of this stipulation, development shall
commence with the issuance of building permits and erection of building
walls on site).
Exhibits
A – Appeal Document (2 pages)
B – Applicant’s Narrative (25 pages)
C – Aerial Map (1 page)
D – Zoning Map (1 page)
E – Recorded Ordinance from Rezoning Case No. Z-26-15 (6 pages)
F – Sketch Map from Rezoning Case No. Z-26-15 (1 page)
G – PHO Summary for PHO-1-22--Z-26-15-4 from August 17, 2022 (5 pages)
EXHIBIT A
S:\Planning\Rezoning\Hearings\PHO\Appeals\2022\PHO-1-22--Z-26-15-4 - Cover.doc
updated 7/27/2022 vcm
PLANNING HEARING OFFICER APPEAL
I HEREBY REQUEST THAT THE PLANNING COMMISSION/CITY COUNCIL HOLD
A PUBLIC HEARING ON:
CASE NUMBER:
PHO-1-22--Z-26-15-4
LOCATION:
Northwest corner of Central Avenue and Pierson Street
PHO HEARING DATE:
August 17, 2022
RECEIVED:
August 24, 2022
APPEALED BY:
Opposition
Applicant
APPEALED TO:
PLANNING
COMMISSION
October 6, 2022
TENTATIVE DATE
CITY COUNCIL
November 2, 2022
TENTATIVE DATE
APPELLANT NAME AND ADDRESS/EMAIL:
PHONE:
Ken Waters
126 West Pierson Street
Phoenix, AZ 85013
kennywaters602@gmail.com
602-373-1902
RECEIPT NUMBER:
N/A
REASON FOR REQUEST:
The applicant is asking for an extension of zoning. That was granted by the Village,
PC and Council; but they have significantly modified the TOD/WU centric plan,
specifically the commercial/walkable urban “mix-use” portion . They presented to
AVPC, PC, neighbors, and Council, making it undeserving of an extension.
TAKEN BY:
Greg Harmon
c:
Alan Stephenson
Joshua Bednarek
Tricia Gomes
Racelle Escolar
Adam Stranieri
Greg Harmon
Brad Wylam
Victoria Cipolla-Murillo
Julie Garcia
Ben Ernyei - Posting
GIS Team
(;+,%,7%
Exhibit 1
Exhibit 2
Exhibit 3
Exhibit 4
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EXHIBIT C
N 1ST AVE
ALLEY
E PIERSON ST
E
MARIPOSA ST
E CAMELBACK RD
N CENTRAL AVE
W CAMELBACK RD
W PIERSON ST
W MARIPOSA ST
W ELM ST
N
1ST
ST
PRIVATE
Maricopa County Assessor's Office
Planning & Development Department
PHO-1-22--Z-26-15-4
Property Location: Northwest corner of Central Avenue and Pierson Street
0
160
320
80
Feet ´
EXHIBIT D
N 1ST AVE
ALLEY
E PIERSON ST
E
MARIPOSA ST
E CAMELBACK RD
N CENTRAL AVE
W CAMELBACK RD
W PIERSON ST
W MARIPOSA ST
W ELM ST
N
1ST
ST
PRIVATE
R-3
R-3
R-5 H-R
PUD*
PUD*
R-5
R-5
HP
C-2
C-2 H-R*
C-2*
R-3
R-5
HP*
R-5 HP
R-3
HP
R-5
R-3
C-2
SP*
C-2
R1-6
R-3 HP
C-2
R-5
C-2 H-R
Maricopa County Assessor's Office
Planning & Development Department
PHO-1-22--Z-26-15-4
Property Location: Northwest corner of Central Avenue and Pierson Street
0
160
320
80
Feet ´
EXHIBIT E
follows:
ORDINANCE G-6089
OFFICAL RECORDS OF
MARICOPA COUNTY RECORDER
HELEN PURCELL
20150908025 12/2412015 09:36 #6089G
ELECTRONIC RECORDING (6 pages)
AN ORDINANCE AMENDING THE ZONING DISTRICT MAP
ADOPTED PURSUANT TO SECTION 601 OF THE CITY OF
PHOENIX ZONING ORDINANCE BY CHANGING THE ZONING
DISTRICT CLASSIFICATION FOR THE PROPERTY DESCRIBED
HEREIN (CASE Z-26-15-4) FROM C-2 TOD-1 (1.59 ACRES), R-3
TOD-1 (0.82 ACRES), R-5 TOD-1 (0.56 ACRES), & P-1 TOD-1
(0.56 ACRES) TO PUD (PLANNED UNIT DEVELOPMENT- 3.53
ACRES).
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PHOENIX, as
SECTION 1: The zoning of an approximately 3.53 acre property located at
the northwest corner of Central Avenue and Pierson Street in a portion of Section 20,
Township 4 North, Range 3 East, as described more specifically in Attachment "A", is
hereby changed from C-2 TOD-1 (1.59 Acres), R-3 TOD-1 (0.82 Acres), R-5 TOD-1
(0.56 Acres), & P-1 TOD-1 (0.56 Acres) to PUD (Planned Unit Development- 3.53
Acres).
SECTION 2: The Planning and Development Director is instructed to
modify the Zoning Map of the City of Phoenix to reflect this use district classification
change as shown in Attachment "B".
SECTION 3: Due to the site's specific physical conditions and the use
district applied for by the applicant, this rezoning is subject to compliance with the PUD
narrative and the following stipulations, violation of which shall be treated in the same
manner as a violation of the
City of Phoenix Zoning Ordinance:
1.
An updated Development Narrative for the Omninet- West PUD reflecting
the changes approved through this request shall be submitted to the
Planning and Development Department within 30 days of City Council
approval of this request. The updated Development Narrative shall be
consistent with the Development Narrative date stamped October 14,
2015.
2.
The property owner shall provide a deposit in the amount of $50,000 into a
Street Transportation Department escrow account at the City of Phoenix to
be utilized for traffic calming measures in the Pierson Place Historic
District. These funds may be contributed toward the purchase and
installation of such devices as roundabouts, speed humps/cushions, or
raised crosswalks (speed tables), limited turning, traffic diverters, GATES
or other such traffic calming or management tools for the area bounded by
Central Avenue, Camelback Road, 7th Avenue, and the Grand Canal.
Distribution of funds shall be at the mutual agreement of the FIVE
MEMBER NEIGHBORHOOD TRAFFIC TEAM Board of Directors of
Pierson Place Historic District, the residents on affected streets and the
City of Phoenix Streets Department Safety and Neighborhood Traffic
section, in accordance 'Nith all procedures required by the city. Owner may
apply for reimbursement of escrow funds from the Street Transportation
Department if no formal SPECIAL petition has been submitted within 3 5
years from the issuance of a certificate of occupancy. The Street
Transportation Department may study any potential traffic impacts
concurrent with construction to expedite the study process and
construction of any traffic mitigation measures as approved by the Street
Transportation Department.
3.
Developer shall install a monument proximate to the northwest corner of
the site identifying the Pierson Place Historic District and facing toward the
Light Rail station, as approved by the Planning and Development
Department. The monument shall be similar to the existing Pierson Place
Historic District Monument located proximate to the southwest corner of
3rd Avenue and Camelback Road, or as otherwise agreed upon by the
developer and the Board of Directors of the Pierson Place Historic District.
4.
THE DEVELOPER SHALL CONSTRUCT A DIRECTIONAL RETAIL
DRIVEWAY TO DIRECT RETAIL TRAFFIC AWAY FROM THE
NEIGHBORHOOD AS APPROVED BY THE PLANNING AND
DEVELOPMENT DEPARTMENT.
-2-
Ordinance G-6089
5.
THE APPROVAL SHALL BE CONDITIONED UPON DEVELOPMENT
COMMENCING WITHIN SEVEN (7) YEARS OF THE CITY COUNCIL
APPROVAL OF THIS CHANGE OF ZONING IN ACCORDANCE WITH
SECTION 506.8.1 OF THE PHOENIX ZONING ORDINANCE. (FOR
PURPOSES OF THIS STIPULATION, DEVELOPMENT SHALL
COMMENCE WITH THE ISSUANCE OF BUILDING PERMITS AND
ERECTION OF BUILDING WALLS ON SITE).
SECTION 4: If any section, subsection, sentence, clause, phrase or
portion of this ordinance is for any reason held to be invalid or unconstitutional by the
decision of any court of competent jurisdiction, such decision shall not affect the validity
of the remaining portions hereof.
PASSED by the Council of the C
of Phoenix this 16th day of December,
2015.
ATTEST:
ACTING
--=-~----'""'---"<;;=---- City Clerk
REVIEWED BY:
ACnNQ
~--r-+-------'=-----.~---+---'7'""---- City Manager
#93) 12/16/15
Attachments:
A- Legal Description (1 Page)
B- Ordinance Location Map (1 Page)
-3-
Ordinance G-6089
ATTACHMENT A
LEGAL DESCRIPTION FOR Z-26-15-4
THAT PORTION OF LOTS 46 TROUGH 56, STANLEY PLACE, RECORDED AS
BOOK 18 OF MAPS, PAGE 21 LOCATED IN THE NORTHEAST QUARTER OF THE
NORTHWEST QUARTER OF SECTION 20, TOWNSHIP 4 NORTH, RANGE 3 EAST
OF THE GILA RIVER BASE AND MERIDIAN, MARICOPA COUNTY, ARIZONA,
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTH QUARTER CORNER OF SAID SECTION 20, SAID
POINT BEING MARKED BY A STONE IN A HANDHOLE LYING SOUTH 89 42'53"
EAST A DISTANCE OF 2664.89 FEET FROM THE NORTHWEST CORNER OF SAID
SECTION 20, SAID POINT BEING MARKED BY A BRASS CAP IN HANDHOLE;
THENCE SOUTH 00 00'00" EAST (BASIS OF BEARINGS) A DISTANCE OF 659.91
FEET TO THE CENTER POINT IN THE INTERSECTION OF CENTRAL AVENUE AND
WEST PIERSON STREET, SAID POINT BEING MARKED BY 2 BRASS CAP
REFERENCE MONUMENTS LYING NORTH 53 31'35"WEST A DISTANCE OF 59.09
FEET, AND SOUTH 55 54'14" WEST A DISTANCE OF 57.79 FEET;
THENCE NORTH 89 43'49" WEST 50.00 FEET;
THENCE NORTH 00 00'00" EAST PARALLEL WITH AND 50.00 FEET WEST OF THE
NORTH- SOUTH MIDSECTION LINE OF SAID SECTION 20, 30.00 FEET TO THE
SOUTHEAST CORNER OF SAID LOT 53, BEING MARKED BY A FOUND "X" IN
CONCRETE AND THE POINT OF BEGINNING;
THENCE NORTH 89 43'49" WEST PARALLEL WITH AND 30.00 FEET NORTH OF
THE CENTERLINE OF WEST PIERSON STREET, 379.00 FEET TO THE
SOUTHWEST CORNER OF SAID LOT 56, BEING MARKED BY A 1/2" REBAR WITH
CAP L#l34711;
THENCE NORTH 00 00'00" EAST 135.03 FEET TO THE NORTHWEST CORNER OF
SAID LOT 56, BEING MARKED BY A 1/2" REBAR WITH CAP L#41 076;
THENCE NORTH 89 43'26" WEST 73.00 FEET, TO THE SOUTHWEST CORNER OF
SAID LOT 46, BEING MARKED BY A 1/2" REBAR WITH CAP L#41076;
THENCE NORTH 00 00'00" EAST 135.03 FEET TO THE NORTHWEST CORNER OF
SAID LOT 46, BEING MARKED BY A 1/2" REBAR WITH CAP LS#41076;
THENCE SOOTH 89 43'03" EAST 245.02 FEET BEING MARKED BY A 1/2" REBAR
WITH CAP LS#38175;
THENCE SOUTH 62 41 '29" EAST 79.57 FEET BEING MARKED BY A 1/2" REBAR
WITH CAP LS#38175;
THENCE SOUTH 62 43'59" EAST 78.54 FEET BEING MARKED BY A 1/2" REBAR
WITH CAP LS#39131;
THENCE SOUTH 60 22'32" EAST 25.98 FEET BEING MARKED BY A PK NAIL WITH
TAG LS#38175;
-4-
Ordinance G-6089
THENCE SOUTH 57 07'28" EAST 26.07 FEET BEING MARKED A 1/2" REBAR WITH
CAP LS#38168;
THENCE NORTH 89 59'52" EAST 7.65 FEET BEING MARKED BY A 1/2" REBAR
WITH CAP LS#38175;
THENCE SOUTH 00 15'26" EAST 29.09 FEET BEING MARKED BY A WITNESS
CORNER LYING 1.80 FEET EAST, SAID POINT BEING A "X" IN CONCRETE;
THENCE NORTH 89 59'51" EAST 14.22 FEET TO A POINT ON THE WEST RIGHT-
OF-WAY LINE OF CENTRAL AVENUE, BEING MARKED BY A "X" IN CONCRETE;
THENCE SOUTH 00 00'00" EAST PARALLEL WITH AND 50.00 FEET WEST OF THE
NORTH- SOUTH MIDSECTION LINE, 142.42 FEET TO THE POINT OF BEGINNING.
NET AREA OF PARCEL IS 100,792 S.F. OR 2.3139 ACRES MORE OR LESS
-5-
Ordinance G-6089
ORDINANCE LOCATIO,N MAP
ATrACHMENT B
ZONING SUBJECT TO STIPULATIONS: *
Z:mlng Case Number: Z-26-15-4:
Zoning Overlay: NfA
sUBJEcr AREA: •••• ,
Hanning Vlllage: Alhambra
I I I I rum~
[ IJ I I I I I I ,'Will
NORTHERN AVE
f--
jw CAMELBACK RDl
L~ ) Puc·l
GLENDALE AVE
----.--
,
BETHANY HOME RD
l
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CAMELBACK RD
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500
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0
500 Feet
NOTTOSCALE
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Drawn Date: 11/12/2015
N:\IS
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_ Team\C,.e_Fundtons\Zonlng\SuppMaps_O.dMaps'.20150rd\Formai_D-ec_2_2015\Z-26-15-4.1Tll<d
-6-
Ordinance G-6089
EXHIBIT F
* Maximum Units Allowed with P.R.D. Bonus
APPLICANT'S NAME:
DATE:
REVISION DATES:
REQUESTED CHANGE:
GROSS AREA INCLUDING 1/2 STREET
AND ALLEY DEDICATION IS APPROX.
AERIAL PHOTO &
QUARTER SEC. NO.
ZONING MAP
MULTIPLES PERMITTED
CONVENTIONAL OPTION
* UNITS P.R.D. OPTION
FROM:
TO:
CITY COUNCIL DISTRICT:
NORTH
NORTHERN AVE
GLENDALE AVE
BETHANY HOME RD
CAMELBACK RD
35TH AVE
27TH AVE
19TH AVE
7TH AVE
43RD AVE
7ST AVE
I-17
APPLICATION NO.
CITY OF PHOENIX PLANNING DEPARTMENT
CITY OF PHOENIX PLANNING DEPARTMENT
Ed Bull/ Burch & Cracchiolo, PA
Z-26-15
3.53 Acres
5/21/15
QS 18-27
H-8
ALHAMBRA VILLAGE
4
Z-26-15
P-1
P-1
R1-6
P-
P-1
C-2
H-R
R-5
P-1
H-R
C-2
R-3
R-5
R-3
C-2
R-3
HP
R-3
HP
R-4
R-5
R-5
H-R
R-3
HP
P-1
R-3
P-1
C-2
C-2
SP
C-2
R-5 HP
C-2
PUD
R-3
HP
HP
HP
HP
R-3
HP
R-3
R-5
Z-132-81
Z-341-83
C/Z-43-81
Z-SP-12-99
Z-153-02
Z-153-02
83-05
Z-83-05
Z-35-14
Z-83-05
Z-83-05
Z-83-05
Z-25-10
Z-31-12
*
CENTRAL AVE
*
*
*
*
77
75
71
63
78
74
70
64
149
141
133
121
150
146
130
120
114
5022
5032
5038
5040
111
132
5006
132
201
207
5019
221
5009
5007
221
214
225
233
234
300
239
233
236
245
306
244
5102
5050
37
203
210
214
215
211
214
220
221
219
220
225
225
226
231
231
232
239
236
5115
8
5115
16
5115
22
9
28
15
32
17
36
21
40
27
44
31
4750
4750
4750
4750
4721
4727
4733
4737
4745
4715
4900
4801
33
35
44
45
50
55
60
4801
111
75
45
35
15
4819
4819
108
42
38
1
59
101
128
10
50
5115
4700
30
101
102
4750
4750
4750
4750
4750
101
4750
4750
4750
4750
4750
4750
4750
102
4902
15
3
14
4916
42
40
11
15
5034
23
21
21
21
21
31
31
5038
5042
31
21
21
5050
31
31
5060
5070
15
13
16
14
22
24
4
14
10
12
10
5026
5070
16
20
24
28
5070
5102
11
15
17
21
25
5104
5110
162
156
135
200
150
190
133
144
127
178
138
119
176
132
115
126
109
120
107
114
103
108
102
174
167
168
161
162
155
156
149
150
143
144
137
138
131
132
125
126
125
119
120
119
113
114
113
110
39
107
108
107
106
31
131
137
143
149
155
161
167
173
114
118
122
126
130
134
140
144
150
45
89
95
97
99
147
149
151
54
96
98
100
102
194
198
18
22
17
100
110
114
138
33
37
31
31
31
31
31
31
31
31
31
31
31
30
34
36
29
33
37
333
406
402
329
310
325
319
308
320
315
304
305
303
4702
301
171
4635
174
169
168
204
141
306
304
302
256
208
100
36
77
555
444
333
337
400
400
321
325
320
300
321
320
311
305
301
302
301
142
43
42
45
42
140
39
38
39
338
365
336
315
314
314
318
313
311
316
328
312
361
322
312
314
310
4714
4716
4718
4722
311
307
312
309
310
106
306
301
301
302
173
410
337
4701
PIERSON ST
MARIPOSA ST
1ST
ST
1ST AVE
ALLEY
3RD AVE
2N
D
ST
CENTRAL AVE
MEDLOCK DR
P
R
IVATE
HIGHLAND AVE
ELM ST
CAMELBACK RD
PASADENA AVE
400
0
400
200
Feet
PUD
23, 12, 24, N/A
27, 14, 29, N/A
C-2, R-3, R-5, P-1
286
286
PUD, (3.53 a.c.)
S:\Department Share\IS Share\PL GIS\IS_Team\Core_Functions\Zoning\sketch_maps\2015\Z-26-15.mxd
C-2 TOD-1 (1.59 a.c.)
R-3 TOD-1 (.82 a.c.)
R-5 TOD-1 (.56 a.c.)
P-1 TOD-1 (.56 a.c.)
EXHIBIT G
REPORT OF PLANNING HEARING OFFICER ACTION
Adam Stranieri, Planner III, Hearing Officer
Bradley Wylam, Planner I, Assisting
August 17, 2022
ITEM NO: 3
DISTRICT 4
SUBJECT:
Application #:
PHO-1-22--Z-26-15-4
Location:
Northwest corner of Central Avenue and Pierson Street
Zoning:
PUD
Acreage:
2.95
Request:
1) Modification of Stipulation 5 regarding conditional
approval upon development commencing within seven (7)
years.
2) Technical correction for Stipulation 2.
Applicant:
Ed Bull, Burch & Cracchiolo PA
Owner:
Kim Sperry, Omninet Central LP
Representative:
Ed Bull, Burch & Cracchiolo PA
ACTIONS:
Planning Hearing Officer Recommendation: The Planning Hearing Officer
recommended approval with additional stipulations.
Village Planning Committee (VPC) Recommendation: The Alhambra Village
Planning Committee was scheduled to hear this request on July 26, 2022 but did
not have a quorum.
DISCUSSION:
Ed Bull, representative with Burch & Cracchiolo PA, described the subject site
and provided an overview of the original PUD rezoning case. He noted that
Stipulation 5 regarding conditional approval upon development commencing
within seven years is requested to be extended by one year to allow time for the
final plans to be approved. He stated that the project has received preliminary
site plan approval. He stated that delays regarding utility relocation and other
necessary approvals will likely prevent development from occurring within the
stipulated time frame. He noted that the proposed project does not represent an
increase in building height or density compared to the original project. He stated
that site improvements have been made to address concerns from the City
including demolition of existing buildings and fencing of the site.
Planning Hearing Officer Summary of August 17, 2022
Application PHO-1-22—Z-26-15-4
Page 2
Ken Waters, speaking in opposition to the request, stated that the development
currently proposed for the site is not consistent with what was presented to the
public during the public hearing process for the original rezoning case in 2015.
He stated that the proposed retail space on the ground floor was not consistent
with the retail space proposed in the original proposal. He stated that the original
approval for the maximum height of the development was modeled after the
Walkable Urban Code and that the development would not meet required
standards to develop a 5-story building. He stated that there are existing parking
issues in the surrounding area and the proposed project does not alleviate those
concerns. He proposed that the time extension be denied unless at least 15,000
square feet of ground floor retail space and two floors of underground parking
were developed.
Ray Muench, member of the public speaking in opposition to the request,
reiterated the concerns made by Mr. Waters. He stated that there are major
concerns in the area regarding parking and traffic. He stated that he had
concerns about the proposed retail space appearing to be more oriented toward
the residents of the development rather than to the general public.
Mr. Bull stated that some principles of the Walkable Urban Code were included in
the PUD Narrative, but that the development has been deemed to be compliant
with the approved PUD zoning. He stated that the development has been given
preliminary site plan approval. He stated that the current PHO request is related
to the time extension only. He noted that the site plan in question includes
coworking space, live/ work units, and approximately 3,000 square feet of ground
floor retail. He stated that the development would follow Walkable Urban Code
concepts by placing buildings proximate to Central Avenue and Pierson Street,
but that the PUD does not regulate the number of stories or establish a bonus
system to allow the proposed height. He stated that a second floor of
underground parking was previously proposed, but that the number of parking
spaces is to be determined based on the final mix of residential units and retail
space and that a second floor of parking has been determined to be
unnecessary. He stated that the site plan proposes 283 parking spaces on the
site, which is greater than the 263 spaces that are required.
Adam Stranieri, Planning Hearing Officer, stated that one item of correspondence
was received prior to the hearing from Mr. Waters. He noted that the Alhambra
Village Planning Committee was scheduled to hear this request on July 26, 2022
but did not have a quorum. He stated that the PHO request is regarding a time
extension for a conditional approval upon development commencing within 7
years of the original approval. He noted that the PUD development narrative is
not being reviewed and that the narrative includes development standards,
design guidelines, and use standards that are not under review in this PHO
hearing. He stated that a PUD amendment would be needed to alter any of these
regulatory components of the PUD. He stated that a time extension of one year is
Planning Hearing Officer Summary of August 17, 2022
Application PHO-1-22—Z-26-15-4
Page 3
reasonable given the delays caused by the ongoing pandemic and infrastructure
issues. He stated that the request from Mr. Waters to impose conditions
regarding the provision of retail uses, the size of retail spaces, and parking
standards would belong in the PUD development narrative but are not
appropriately appended to the conditional time stipulation currently under review.
He stated that the proposed stipulation modification is recommended to be
approved. He noted that the site has been identified as archaeologically sensitive
and three additional stipulations are recommended to be added. Mr. Bull stated
that a July 22, 2021 archaeological assessment from the Archaeology
Department noted that no archaeological work is necessary for the project. Mr.
Stranieri noted that the status may have been reviewed by the Archaeology
Department, but that the stipulations are recommended to be included.
FINDINGS:
1) The request to modify Stipulation 5 regarding conditional approval of
development is recommended to be approved. The request will allow an
additional year (an increase from 7 to 8 years total) to commence
development. The applicant noted unexpected delays related to the
ongoing pandemic and infrastructure issues.
2) The site is identified as archaeologically sensitive and three additional
stipulations are recommended to be included to address requirements for
archaeological survey and testing.
STIPULATIONS:
1.
An updated Development Narrative for the Omninet - West PUD
reflecting the changes approved through this request shall be submitted
to the Planning and Development Department within 30 days of City
Council approval of this request. The updated Development Narrative
shall be consistent with the Development Narrative date stamped
October 14, 2015.
2.
The property owner shall provide a deposit in the amount of $50,000 into
a Street Transportation Department escrow account at the City of
Phoenix to be utilized for traffic calming measures in the Pierson Place
Historic District. These funds may be contributed toward the purchase
and installation of such devices as roundabouts, speed humps/cushions,
or raised crosswalks (speed tables), limited turning, traffic diverters,
gates or other such traffic calming or management tools for the area
bounded by Central Avenue, Camelback Road, 7th Avenue, and the
Grand Canal. Distribution of funds shall be at the mutual agreement of
the five member neighborhood traffic team, the residents on affected
streets, and the City of Phoenix Streets TRANSPORTATION Department
Planning Hearing Officer Summary of August 17, 2022
Application PHO-1-22—Z-26-15-4
Page 4
Safety and Neighborhood Traffic section. Owner may apply for
reimbursement of escrow funds from the Street Transportation
Department if no special petition has been submitted within 5 years from
the issuance of a certificate of occupancy.
3.
Developer shall install a monument proximate to the northwest corner of
the site identifying the Pierson Place Historic District and facing toward
the Light Rail station, as approved by the Planning and Development
Department. The monument shall be similar to the existing Pierson Place
Historic District Monument located proximate to the southwest corner of
3rd Avenue and Camelback Road, or as otherwise agreed upon by the
developer and the Board of Directors of the Pierson Place Historic
District.
4.
The developer shall construct a directional retail driveway to direct retail
traffic away from the neighborhood as approved by the Planning and
Development Department.
5.
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.
6.
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.
7.
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.
8.
5.
The approval shall be conditioned upon development commencing within
EIGHT (8) seven (7) years of the City Council approval of this change of
zoning in accordance with Section 506.B.1 of the Phoenix Zoning
Ordinance. (For purposes of this stipulation, development shall
Planning Hearing Officer Summary of August 17, 2022
Application PHO-1-22—Z-26-15-4
Page 5
commence with the issuance of building permits and erection of building
walls on site).
Upon request, this publication will be made available within a reasonable length of time
through appropriate auxiliary aids or services to accommodate an individual with a
disability. This publication may be made available through the following auxiliary aids or
services: large print, Braille, audiotape or computer diskette. To request a reasonable
accommodation, please contact Les Scott at leslie.scott@phoenix.gov or 602-376-3981
or TTY: 7-1-1.