Attachment C - VPC Summary - Z-91-C-99-2.pdf

City of Phoenix — Formal (2022-12-07)

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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 
Z-91-C-99-2
REVISED
November 1, 2022 
Date of VPC Meeting 
October 13, 2022 
Request From 
PCD NBCOD (Approved C-2 HGT/WVR PCD NBCOD) 
Request To 
C-2 HGT/WVR DNS/WVR PCD NBCOD
Proposed Use 
Major PCD amendment to allow multifamily residential 
uses 
Location 
Approximately 815 feet west of the northwest corner of 
North Valley Parkway and Dove Valley Road
VPC Recommendation 
Approval, per staff recommendation with modifications 
VPC Vote 
6-0
VPC DISCUSSION & RECOMMENDED STIPULATIONS: 
No members of the public registered to speak for this item. 
Staff Presentation: 
Enrique Bojórquez, staff, introduced himself and provided an overview of this rezoning 
case, describing the location, surrounding land uses and existing zoning. Mr. Bojórquez 
shared the proposal is consistent with the General Plan Land Use Map designation of 
Commercial and discussed several policy plans, including the North Black Canyon 
Corridor Plan, which seeks to achieve a balance between employment and residential 
uses within the Village. Mr. Bojórquez then described the proposed site plan and 
building elevations, noting that vehicular access will be solely along 29th Avenue, 
pedestrian access is proposed to the adjacent commercial property, and that the colors 
and materials of the elevations are typically what is seen in this part of the Village, as 
governed by the North Black Canyon Overlay District. Mr. Bojórquez noted that a 
revised staff report was recently published, clarifying that 29th Avenue will be a public 
street and clarifying Stipulation No. 13 which addressed bicycle parking. Mr. Bojórquez 
concluded the presentation by providing the staff findings, recommendation of approval 
per the staff recommendation with modifications to Stipulation Nos. 3 and 26 as 
presented by staff. 
ATTACHMENT C

City of Phoenix • Planning & Development Department 
200 West Washington Street, 3rd Floor • Phoenix, Arizona  85003-1611 • (602) 262-6882 
 
Applicant Presentation: 
 
Larry Lazarus, representing the applicant with Lazarus and Silvyn P.C., introduced 
himself and his team, including David Beckham and Rick West with Canyon Crossroads 
LLC, the landowners and partners for the project, and Bob Bussone with Oakdale 
Realty LLC, the developer partner for the project. Mr. Lazarus clarified the request is 
only for a density waiver and is not changing the permitted use of multifamily, the 
underlying zoning, or the allowed height. 
 
Mr. Beckham provided a history of the development’s public/private partnership, the 
Planned Community Development, infrastructure, and development history of the 
surrounding area, noting the proposed multifamily use is adjacent to Fry’s grocery store 
without the need to cross a major street, and is not adjacent to single-family.  
 
Mr. Lazarus went over the proposed site plan and building elevations, noting the 
differentiated setbacks that provide visual interest rather than a box shape, and the 
substantial amount of landscaping proposed throughout the development and along 
Dove Valley Road. Mr. Lazarus also noted that the project is providing more open space 
and more parking than required by the underlying zoning. Mr. Lazarus stated that the 
building height is 4 stories and approximately 48 feet, which is complimentary to the 
Gore project and the Fry’s shopping center. Mr. Lazarus then continued to discuss 
traffic, stating access is from 29th Avenue which connects directly to Dove Valley Road, 
which is the major arterial street. Mr. Lazarus stated that they have prepared a traffic 
impact and signal warrant study for the project, which shows that the intersection of 
29th Avenue and Dove Valley Road will operate at a service level of B, which is very 
good. Mr. Lazarus clarified the study includes traffic from the project as well as future 
traffic in the area and shows that 70% of the trips from the project will head directly west 
on Dove Valley Road towards the I-17 freeway. Mr. Lazarus stated that the building 
elevations have a range of materials with soft colors and characteristics of the Sonoran 
Desert and will have 360-degree architecture. Mr. Lazarus went on to discuss the 
neighborhood meeting, stating notices were mailed on July 20th to property owners 
within 600 feet and homeowners associations registered with the City of Phoenix within 
one mile. Mr. Lazarus indicated that their neighborhood meeting began 15 minutes 
earlier at 5:45 p.m. to prepare for participants who may arrive early to the meeting and 
went on waiting until 6:30 p.m. to end the meeting, as there were no neighbors that had 
joined. Mr. Lazarus clarified that they had not received any phone calls or emails from 
neighbors regarding the project, and as a result, there were no issues from the 
neighborhood meeting to be addressed. Mr. Lazarus stated that Mr. Beckham also 
reached out to individual neighbors, members of the Village Planning Committee and a 
homeowners associated to inform them of the project and obtain input. 
 
Mr. Beckham stated for a long time now, he has talked to everyone he could about 
their shopping center and how they can make it better and has also included the 
multifamily project in these discussions since they began designing it. Mr. Beckham 
stated he was disappointed with the lack of turnout at the neighborhood meeting, so 
afterwards he reached out to Vice Chair Simon who lives in the neighborhood, who put 
him in touch with the president of the HOA for the single-family community closest to the 
project. Mr. Beckham stated his offer stills stands and he would be glad to meet with 
anyone and receive input, and that they can contact him at his cell phone number 602-
549-4624. Mr. Beckham stated they received interest from many companies when

City of Phoenix • Planning & Development Department 
200 West Washington Street, 3rd Floor • Phoenix, Arizona  85003-1611 • (602) 262-6882 
seeking a multifamily partner for the project, and they chose Oakdale because they 
have extensive experience, including here in the Valley, and that they build great 
projects. Mr. Beckham added that they have gained experience with big companies and 
have chosen to stay small so they can really focus on their chosen projects rather than 
to do mass numbers of them. Mr. Beckham concluded by discussing schools, indicating 
that their contribution agreement with the school district was approved by the board in 
June, and has been fully executed and recorded, which will provide $280,000 to the 
district. 
 
Questions from the Committee: 
 
Chair Stokes asked for clarification on the stipulations showing a reduction of five units 
per acre and if it is accurate with their plans. Mr. Lazarus responded, stating that is 
correct, and that their initial application had not included half of the roadway, so when 
making the calculation with half of the roadway included, it does bring down the density. 
Chair Stokes asked if a traffic signal will be installed along Dove Valley Road between 
the I-17 freeway and Sonoran Desert Drive or 27th Drive. Mr. Lazarus responded that 
the City would like to have a signal at 29th Avenue and Dove Valley Road. Chair 
Stokes asked for clarification on the distance between signals that seem close together. 
Mr. Lazarus indicated they are still discussing it with the City and will continue to 
discuss it with the City between now and the City Council meeting.  
 
Vice Chair Simon asked for clarification if the units will be rented apartments or owned 
condominiums. Mr. Lazarus responded that they are rentals but will be built to 
condominium standards so they can be converted at some point in the future. Vice 
Chair Simon asked what the rental rates are. Mr. Lazarus responded that the rates will 
be between $1800 to about $2800 per month.  
 
Chair Stokes asked what types of floor plans will be offered. Mr. Bussone responded 
the floor plans will range from an efficiency unit of 580 square feet to a three-bedroom 
of about 1500 square feet. Mr. Bussone indicated there will be about 55% one-
bedrooms, 35% two-bedrooms, and the rest will be three-bedrooms.  
 
Michelle Ricart clarified that there will be 10% three-bedrooms and thanked Mr. 
Beckham for his transparency and for mentioning the donation to the school. Ms. Ricart 
stated there are many families that are living in one-bedrooms and two-bedrooms 
because of the housing situation. Ms. Ricart asked for clarification on the amenities 
being provided. Mr. Bussone responded that there will be a pool, gym, ramadas, a bike 
repair facility due to the stipulation requiring 14 bike stalls, a dog wash, and a 
community center with conference rooms. Mr. Bussone stated that they feel the biggest 
amenity will be the Fry’s grocery store next door to be able to have residents not 
needing to get into their automobile and being able to walk to Fry’s, Starbucks, or any 
other tenants in the development. Ms. Ricart asked if it is correct that the developer 
would be 100% responsible for the streetlight. Mr. Lazarus confirmed that is what the 
stipulation says, but that they are still talking with staff about it since there are other 
property owners around the four corners there and they are discussing whether they 
should be 100% responsible. Ms. Ricart asked for clarification that if the case is 
approved with that stipulation, that the streetlight will be 100% paid for by the applicant. 
Mr. Lazarus responded affirmatively. Ms. Ricart asked how many letters were 
physically mailed out for the neighborhood meeting notice. Mr. Lazarus did not have 
that information at hand but stated it was not as many as they had thought, since the

City of Phoenix • Planning & Development Department 
200 West Washington Street, 3rd Floor • Phoenix, Arizona  85003-1611 • (602) 262-6882 
surrounding properties are large areas and it did not encompass a lot of the single-
family residents, which is why Mr. Beckham reached out to the HOA and reached out 
further than the mailing list.  
 
Public Comments: 
 
None. 
 
Applicant Response to Public Comment: 
 
None. 
 
Discussion: 
 
None. 
 
MOTION: 
 
Vice Chair Simon motioned to recommend approval of Z-91-C-99-2, per the staff 
recommendation, with modifications to Stipulation Nos. 3 and 26 (as requested by staff). 
Committee member Julie Read seconded the motion. 
 
VOTE:  
 
6-0; motion to recommend approval of Z-91-C-99-2 per the staff recommendation, with 
modifications to Stipulation Nos. 3 and 26 passes with Committee members French, 
Krieger, Read, Ricart, Simon, and Stokes in favor.  
 
APPROVED STIPULATIONS: 
 
1. 
The development shall be in general conformance with the site plan date 
stamped October 7, 2022, and elevations date stamped August 5, 2022, as 
modified by the following stipulations and approved by the Planning and 
Development Department. 
 
 
2. 
The development shall utilize the R-5 Planned Residential Development option. 
 
 
3. 
The maximum density for the project shall not exceed 36 31 dwelling units per 
acre. 
 
 
4. 
The development shall provide a minimum of four amenities, such as a pool, 
ramadas, a bicycle repair station, or similar elements, as approved by the 
Planning and Development Department. 
 
 
5. 
The developer shall construct a decorative path connecting from the subject site 
to the commercial development to the east, as approved by the Planning and 
Development Department. 
 
 
6. 
All uncovered surface parking lot areas shall be landscaped with minimum 2-inch 
caliper drought-tolerant shade trees. Landscaping shall be dispersed throughout 
the parking area and achieve 25% shade at maturity, as approved by Planning

City of Phoenix • Planning & Development Department 
200 West Washington Street, 3rd Floor • Phoenix, Arizona  85003-1611 • (602) 262-6882 
and Development Department. 
 
 
7. 
The developer shall provide full street improvements to 29th Avenue, as per the 
approved Canyon Crossroads Master Street Plan. 
 
 
8. 
The development shall install all required street improvements including those on 
Dove Valley Road connecting to existing improvements on the east, to the 
western limits of the Canyon Crossroads Development, complying with the 
approved Master Street Plan for Canyon Crossroads PCD. 
 
 
9. 
The developer shall construct a detached sidewalk along the north side of Dove 
Valley Road as required by the approved Canyon Crossroad Master Plan and 
planted to the following standards, as approved by the Planning and 
Development Department: 
 
 
 
a. 
Minimum 2-inch caliper shade trees placed a minimum of 20 feet on center 
or in equivalent groupings along both sides of the sidewalk. 
 
 
 
 
b. 
Drought tolerant shrubs and vegetative groundcovers with a maximum 
mature height of 24 inches to provide a minimum of 75% live coverage at 
maturity. 
 
 
 
 
Where utility conflicts arise, the developer shall work with the Planning and 
Development Department on an alternative design solution consistent with a 
pedestrian environment. 
 
 
10. 
The applicant shall submit a Signal Warrant Analysis to the City for this 
development.  No preliminary approval of plans shall be granted until the study is 
reviewed and approved by the City. 
 
 
11. 
The development shall be responsible for 100% of the equipment and installation 
cost for the signal at the intersection of 29th Avenue and Dove Valley Road prior 
to preliminary site plan approval. If the signal is installed by others, then the 
development shall be responsible for 100% of the cost, provided in escrow to the 
Street Transportation Department for signal relocation and/or modification. 
 
 
12. 
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. 
 
 
13. 
A minimum of 14 bicycle parking spaces shall be provided through Inverted U 
and/or artistic racks located near building entrances and installed per the 
requirements of Section 1307.H. of the Phoenix Zoning Ordinance, as approved 
by the Planning and Development Department. Artistic racks shall adhere to the 
City of Phoenix Preferred Designs in Appendix K of the Comprehensive Bicycle 
Master Plan.  
 
 
14. 
If determined necessary by the Phoenix Archaeology Office, the applicant shall 
conduct Phase I data testing and submit an archaeological survey report of the

City of Phoenix • Planning & Development Department 
200 West Washington Street, 3rd Floor • Phoenix, Arizona  85003-1611 • (602) 262-6882 
development area for review and approval by the City Archaeologist prior to 
clearing and grubbing, landscape salvage, and/or grading approval. 
 
 
15. 
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. 
 
 
16. 
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. 
 
 
17. 
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. 
 
 
PCD STIPULATIONS – LAND USE 
 
 
18. 
All development, both commercial and residential, shall be consistent with design 
guidelines for the North Black Canyon Corridor Plan and North Black Canyon 
Overlay District. 
 
 
19. 
Updated master plans for the Canyon Crossroads PCD reflecting changes 
approved through this amendment shall be submitted as required by the Planning 
and Development Department. 
 
 
PCD STIPULATIONS – WASHES AND OPEN SPACE 
 
 
20. 
The use of pedestrian-scaled lighting should be utilized where taller or brighter 
lights are not needed for auto safety and security. Required lights are to be of 
minimum heights, utilizing shoebox type fixtures with maximum shielding or other 
fixtures, as approved by the Planning and Development Department and Street 
Transportation Department. 
 
 
PCD STIPULATIONS – STREETS, SIDEWALKS, AND TRANSIT 
 
 
21. 
The Master Street Plan shall include 27th Avenue, Parkway A, and Dove Valley 
Road with full dedication of all rights-of-way where the arterial is located wholly 
within the PCD and half the right-of-way where the arterial is located on the edge 
of the PCD. 
 
 
22. 
All concrete structures built within this development (including but not limited to 
sidewalks and drainage structures) shall be internally colored to match the 
surrounding undisturbed desert floor. Sidewalks along arterial streets shall be 
integrally colored with salt, broom, or other comparable finish. Maintenance and 
replacement of those sidewalks under-the jurisdiction of the PCD Master 
Community Association (MCA) shall be by the MCA. 
 
 
23. 
Along any collector and local streets within residential development, the sidewalk

City of Phoenix • Planning & Development Department 
200 West Washington Street, 3rd Floor • Phoenix, Arizona  85003-1611 • (602) 262-6882 
shall be detached, and a 5-foot-wide landscape strip shall be located between the 
sidewalk and back-of-curb. The planting area shall be planted with trees placed 
20-feet on center, or in equivalent groupings, and groundcover. Alternatively, 
trees maybe planted to reach canopy to canopy at maturity, which will vary 
depending upon the type of tree planted. Where utility conflicts exist, the 
developer shall work with the Planning and Development Department on 
alternative design solutions consistent with a pedestrian environment. 
 
 
PCD STIPULATIONS – DEVELOPMENT DESIGN 
 
 
24. 
All development within the PCD shall use CPTED (Crime Prevention Through 
Environmental Design) principles in their design. 
 
 
25. 
A Comprehensive Sign Plan shall be processed in accordance with Section 
705.F.2 of the Zoning Ordinance. They should be designed to integrate into the 
adjacent streetscape through use of colors, materials, and textures in the 
surrounding natural environment as well as the built environment. 
 
 
PCD STIPULATIONS – ADMINISTRATION 
 
 
26. 
One or more Homeowner's Associations (HOA) shall be formed and they (or their 
designee) shall be responsible for the maintenance of all (non-dedicated) 
landscape areas, open space, washes, specialty paving or lighting, private drives 
or streets, and trails, bikeways, and drainageways under common ownership. The 
ADJACENT PROPERTY OWNER OR HOA (or their designee) shall also be 
responsible for the maintenance of landscaping located in rights-of-way. All areas 
dedicated to the City, except for landscaping located in the rights-of-way, shall be 
maintained by the City. 
 
 
27. 
Prior to approval of any subdivision plat or site plan, Covenants, Conditions, and 
Restrictions (CCRs) for the plat or site plan to be submitted shall be developed, 
submitted to and approved by Planning and Development Department staff and 
shall address the following: 
 
 
 
a. 
Describe maintenance of landscape areas, open space, washes, specialty 
paving or lighting, and of trails and drainageways under common 
ownership. 
 
 
 
b. 
Include a list of allowable plant materials and those prohibited as approved 
in the Master Landscape Plan. 
 
 
 
c. 
Inform prospective buyers of the proximity to possible neighborhood and 
community park sites, identifying those parcels, per language approved. by 
the Parks and Recreation Department. 
 
 
 
d. 
Inform prospective residential buyers of the proximity to the Ben Avery 
Shooting Range. The facility, located at the northwest comer of 1-17 and 
Carefree Highway, is operated by Arizona State Game and Fish 
Department and has the potential to be active seven days a week, 24 
hours a day. This use will continue in perpetuity.

City of Phoenix • Planning & Development Department 
200 West Washington Street, 3rd Floor • Phoenix, Arizona  85003-1611 • (602) 262-6882 
 
STAFF COMMENTS REGARDING VPC RECOMMENDATION & STIPULATIONS: 
 
At the October 13, 2022, North Gateway Village Planning Committee meeting, staff 
recommended a modification to Stipulation No. 3 to clarify the maximum number of 
dwelling units allowed on the site following a change to the gross acreage of the 
rezoning case. The number of dwelling units proposed by the applicant is consistent 
with the modification proposed by staff on Stipulation No. 3. 
 
Staff also recommended the modification of Stipulation No. 26 to clarify the 
maintenance responsibility of landscaping within right-of-way next to this site, given that 
this site will no longer be part of a Homeowner’s Association (HOA) and is intended to 
be owned by a single entity.