Attachment D - PC Summary - Z-46-22-4.pdf

REPORT OF PLANNING COMMISSION ACTION 
October 6, 2022 
ITEM NO: 8 
DISTRICT NO.: 4
SUBJECT:
Application #: 
Z-46-22-4
Location: 
Northwest corner of the 5th Street alignment and Thomas Road 
From:
R-5
To: 
WU Code T5:2 MT 
Acreage:
0.75
Proposal: 
Retail, Restaurant, and Office Uses 
Applicant: 
David Chamberlin, D.B. Chamberlin & Associates 
Owner: 
David Chamberlin, Suncor Partners Thomas Office, LLC 
Representative: 
Benjamin Graff, Quarles & Brady, LLP 
ACTIONS: 
Staff Recommendation: Approval, subject to stipulations. 
Village Planning Committee (VPC) Recommendation: 
Encanto 9/12/2022 Approval, per the staff recommendation. Vote: 11-0.  
Planning Commission Recommendation: Approval, per the Encanto Village Planning Committee 
recommendation. 
Motion Discussion: N/A 
Motion details: Vice-Chair Mangum made a MOTION to approve Z-46-22-4, per the Encanto 
Village Planning Committee recommendation.  
 
Maker: Vice-Chair Mangum 
 
Second: Simon 
 
Vote: 9-0 
Absent: None   
Opposition Present: No  
Findings: 
1.
The development is consistent with the General Plan Land Use Map designation of
Commercial.
2.
The proposal, as stipulated, is compatible with the scale of the surrounding area
including the commercial uses along Thomas Road and the adjacent historic
neighborhood to the north.
3.
The proposal, as stipulated, will create a strong pedestrian environment along Thomas
Road with shaded and detached sidewalks to convey residents safely and comfortably
to the Encanto Primary Core and the Thomas Road Light Rail Station.
ATTACHMENT D

Stipulations: 
 
1. 
The developer shall construct a minimum 6-foot-wide sidewalk separated by a 
minimum 10-foot-wide landscape area along the north side of Thomas Road planted 
with minimum three-inch caliper shade trees placed 20 feet on center or in equivalent 
groupings, as approved by the Planned and Development Department. 
 
 
2. 
The developer shall dedicate a sidewalk easement for the north side of Thomas Road 
so the total right-of-way and sidewalk easement equals 50 feet, as approved by the 
Planning and Development Department. 
 
 
3. 
A minimum landscape setback of 10 feet in width shall be provided along the west 
property line for a linear distance of 80 feet measured from the south property line, as 
approved by the planning and development department. 
 
 
4. 
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. 
 
 
5. 
The developer shall dedicate a total of 20-feet along the northern alley, as approved by 
the Planning and Development Department. 
 
 
6. 
The developer shall provide local street paving for the full length of the alley along the 
development’s frontage, as approved by the Planning and Development Department. 
 
 
7. 
The developer shall dedication a 10-foot by 10-foot right-of-way triangle for a total 25-
foot by 25-foot clearance at the northeast corner of the site, as approved by the 
Planning and Development Department. 
 
 
8. 
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. 
 
 
9. 
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. 
 
 
10. 
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. 
 
 
11. 
The property owner shall record documents that disclose the existence, and 
operational characteristics of Phoenix Sky Harbor 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. 
 
This publication can be made available in alternate format upon request. Please contact  
Les Scott at 602-261-8980, leslie.scott@phoenix.gov or TTY: Use 7-1-1.