Attachment D - VPC Summary Rec - Z-27-22-6.pdf

City of Phoenix — Formal (2022-11-02)

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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-27-22-6 
 
 
Date of VPC Meeting 
September 6, 2022 
Request From 
C-2 
Request To 
PUD 
Proposed Use 
Multifamily residential  
Location 
Northeast corner of 7th Street and Colter Street   
VPC Recommendation 
Approval, per staff recommendation 
VPC Vote 
14-2-1 
 
 
VPC DISCUSSION: 
16 members of the public registered to speak on this item.  
 
Committee Member Hayleigh Crawford joined during this item, bringing the quorum to 
17 members.  
 
STAFF PRESENTATION:  
 
Sarah Stockham, staff, provided an overview of the rezoning request, describing the 
location, the existing and proposed zoning districts and the surrounding uses as well as 
the site plan and elevations for the proposed multifamily building. Ms. Stockham shared 
that the proposal has received one letter of support, 78 letters of opposition, including a 
petition of opposition with 181 signatures, albeit staff had received a large file with about 
200 letters of support from the applicant earlier that afternoon. Ms. Stockham concluded 
by stating staff recommends approval subject to stipulations.  
 
Chair Jay Swart reminded participants from the public that they would remain muted 
until it was their turn to speak, during which each speaker would be allotted two minutes 
to speak. Mr. Swart urged the applicant to keep the presentation brief and to address 
communication with the neighborhood and any subsequent changes to the project 
plans.  
 
APPLICANT PRESENTATION:  
 
Nick Wood, representing the applicant with Snell & Wilmer, introduced himself and 
stated that he would limit his comments to the changes that have been made as a result 
ATTACHMENT D

City of Phoenix • Planning & Development Department 
200 West Washington Street, 3rd Floor • Phoenix, Arizona  85003-1611 • (602) 262-6882 
of outreach. Mr. Wood briefly introduced the site, its surrounding land uses and the 
surrounding neighbors that the applicant has worked with, including the Windsor Square 
neighborhood. Mr. Wood shared that a tour of the site with leadership from Windsor 
Square prompted the applicant to include the appearance of a stepback element, 
increase the amount of parking spaces, and construct a traffic signal at 7th Street and 
Colter. Mr. Wood displayed the development standards table for the project, detailing 
the process by which the number of units was reduced and by which the setbacks, open 
space, and parking were increased. Mr. Wood displayed renderings and brought 
attention to architectural features that will be used to create the illusion of a step back in 
height. Mr. Wood displayed outreach maps with addresses of both letters of support and 
opposition.  
 
QUESTIONS FROM THE COMMITTEE: 
  
Hayleigh Crawford asked for the requisite for rezoning to PUD rather than utilizing the 
site’s by-right uses. Mr. Wood elaborated that PUD zoning is the only way to achieve 
the density and height that is needed given the size of the site, which exceeds the 
intensity and density that waivers could provide in the current C-2 zoning. Ms. 
Crawford asked Mr. Wood if he believes that the current zoning is undesirable. Mr. 
Wood responded that, yes, with the example of a convenience store or service station 
as an unfavorable alternative allowed by-right.  
 
Dawn Augusta inquired about current on-street parking along Colter Street. Sarah 
Stockham, staff, stated aerial imagery shows vehicles parked along Colter Street. Mr. 
Wood responded that there is in fact street parking allowed on Colter Street, while also 
reminding the committee that the number of efficiency and one-bedroom units has 
allotted extra parking spaces within the project.  
 
Hayleigh Crawford requested clarification on a discrepancy in the parking and unit 
counts. Mr. Wood replied that the unit count had been lowered, though the parking 
study was conducted based on a higher amount.  
 
PUBLIC COMMENTS: 
 
Mary Crozier introduced herself as the president of the North Central Phoenix 
Homeowners’ Association in opposition. Ms. Crozier stated that her organization has 
worked closely with developers in the past and cited the Broadstone on 7th as a project 
in which the developer appropriately addressed concerns about height and building 
massing.  
 
Andrew Rogers introduced himself as a neighbor of Windsor Square in opposition. Mr. 
Rogers expressed his beliefs that the applicant has been disingenuous and difficult to 
contact. Mr. Rogers shared that, while not opposed to growth, he would prefer anything 
other than the project as it is proposed. Mr. Rogers emphasized diversity and inclusion 
and stressed that the applicant has not made any proper changes.  
 
Mike Freret introduced himself as a neighbor of Windsor Square in opposition. Mr. 
Freret stated that the proposal threatens to undermine the spirit and cohesion of the 
community, as the current zoning and the density it allows is appropriate. Mr. Freret 
does not find a traffic signal to be a solution to the increase in traffic and density.

City of Phoenix • Planning & Development Department 
200 West Washington Street, 3rd Floor • Phoenix, Arizona  85003-1611 • (602) 262-6882 
Susan Rhoads introduced herself as a nearby neighbor in opposition. Ms. Rhoads 
stated that she was present during the walkaround with the applicant and that she does 
not believe any of the concerns brought up during that meeting were addressed. Ms. 
Rhoads also finds balconies above 7th Street hazardous.  
 
Andre DeMarco introduced himself as a neighbor of Colter Street in opposition. Mr. 
DeMarco shared traffic as his largest concern, citing the recent increase of traffic in the 
area. Mr. DeMarco believes that the proposal will exacerbate traffic as many vehicles 
will utilize Colter to access the 51 freeway.  
 
Sandy Grunow introduced herself as a neighbor in opposition. Mrs. Grunow brought 
attention to a school bus pick up and drop off at 8th Place and Colter Street; she 
believes the proposal will increase traffic and therefore threaten the safety of the 
children and others walking or cycling along Colter. Ms. Grunow believes that ingress 
and egress to the site should be via 7th Street and that the proposal will not help 
address the affordable housing crisis.  
 
William Saul introduced himself as a neighbor in support. Mr. Saul shared that he finds 
that the developer has made small changes to address some of the issues. Mr. Saul 
emphasized the need for housing in Phoenix and expressed that he finds the proposal 
as a solution, though he encourages the developer to be a good neighbor.  
 
Dani Huval introduced herself as a nearby homeowner in support. Ms. Huval shared 
that she works for a general contractor that builds with the developer and that the 
developer has been trustworthy and of high quality in her experience. Ms. Duval noted 
that the number of units has been reduced to address density concerns.  
 
Nicole Vasquez introduced herself as a neighbor of 12 years in support. Ms. Vasquez 
emphasized the various amenities of the project that will facilitate walking and biking as 
well as her desire to see the 7th Street Corridor improved and updated.  
 
Tom Hilditch introduced himself as the president of the Windsor Square board in 
opposition. Mr. Hilditch echoed the sentiments of Mr. Freret and relayed the 
community’s desire to maintain the character of the neighborhood. Mr. Hilditch echoed 
the concerns about height and density and the improper precedent that will be set by 
the project.  
 
Jackie Rich introduced herself as the president of the Murphy Trail Estates 
Neighborhood Association in opposition. Ms. Rich expressed concern about setting a 
precedent of intensity should the project be approved. Ms. Rich stated that the project 
belongs in downtown Phoenix and that the proposed height and setbacks are not 
contextually appropriate.  
 
Peggy Oursland introduced herself as a neighbor in opposition. Ms. Oursland 
expressed opposition to the proposed traffic signal at Colter Street and her desire to 
maintain the existing zoning.  
 
Suzanne Dohrer introduced herself as a neighbor in opposition. Ms. Dohrer relayed 
concern about noise coming from unit balconies and apprehension for moving forward 
without a completed traffic study. Ms. Dohrer urged the committee to be wary of the

City of Phoenix • Planning & Development Department 
200 West Washington Street, 3rd Floor • Phoenix, Arizona  85003-1611 • (602) 262-6882 
recently gathered petitions of support as the petition was misleading and hastily 
prepared.  
 
John Hathaway introduced himself as an officer in a local charity in opposition. Mr. 
Hathaway shared that the proposed rent for the project far exceeds the neighborhood 
average, and that he in fact has heard of two dozen families who have been displaced 
from the neighborhood. Mr. Hathaway implored staff and the committee to approve 
affordable housing units rather than luxury housing units.  
 
Dr. Jelena Vladikovic echoed the sentiment of opposition. Dr. Vladikovic expressed 
grave concerns about water supply and shortages, as well as a concern for 
displacement as a result of luxury construction.  
 
Larry Whitesell introduced himself as the co-chair of the Peak Neighborhood 
Association in opposition. Mr. Whitesell implored staff and the applicant to elaborate on 
elements of the case’s staff report including general plan consistency, consistency with 
surrounding uses, comparison of standards for similar projects, and ingress/egress on 
Colter Street. Mr. Whitesell brought attention to a quote from the first round of review for 
the PUD, stating that the proposal does not propose any significant enhancements 
which are superior to conventional zoning to justify the requested PUD.  
 
APPLICANT RESPONSE: 
 
Mr. Wood stated that projects of this nature are always subject to change after the first 
submission. Mr. Wood displayed a map of outreach made to surrounding residents, 
from which arose a substantial number of individual letters of support. Mr. Wood 
contested claims that these letters were misleading or incomplete. Mr. Wood cited two 
meetings with neighborhood leaders including Ms. Crozier and Mr. Whitesell during May 
and June of 2022 and mentioned that the project was 220 feet away from the nearest 
home to refute claims that the project would hover over nearby homes or that noise 
could be heard from overhead balconies. Mr. Wood reaffirmed the need for a traffic 
signal at Colter Street in the name of safety for bicyclists, transit riders, and turning 
vehicles, as well the need for enhanced streetscape using detached sidewalks and 
bioswales for water retention. Mr. Wood clarified the range of projected rents, shared 
his belief that the traffic signal would reduce noise from high-speed traffic, and 
emphasized the improvements to an outdated site. Mr. Wood reiterated that the project 
has incorporated architectural elements to create the illusion of stepback in contrast to a 
taller building at 7th Street and Missouri.  
 
FLOOR/PUBLIC DISCUSSION CLOSED: COMMITTEE DISCUSSION:  
 
Craig Tribken shared that he lived in Windsor Square for over 20 years. Mr. Tribken 
iterated that while state legislature does not provide for rent control, the best way to 
mitigate affordability is through supply and demand. Mr. Tribken stated his belief that 
Windsor Square has sufficient protection from cut-through traffic, 7th Street needs to be 
changed in terms of reverse lanes and attached sidewalks, and the property currently 
provides by-right uses that would adversely affect the neighborhood.  
 
Christina Eichelkraut concurred with Mr. Tribken about housing affordability, though 
she believes that there is other recourse, including the public hearing process. Ms. 
Eichelkraut stressed the issue of affordability and doubts that an approval of yet another

City of Phoenix • Planning & Development Department 
200 West Washington Street, 3rd Floor • Phoenix, Arizona  85003-1611 • (602) 262-6882 
luxury multifamily project would alleviate the issue, if not exacerbate it. Ms. Eichelkraut 
raised concerns about the project’s efficacy of public transit use given its parking count 
and concerns about developers being obliged to pay for infrastructure improvements. 
Ms. Eichelkraut does not believe concerns from Windsor Square are invalid on account 
of distance.  
 
Tom O’Malley iterated that the committee spends a great deal of time vetting these 
projects and that he himself had done a thorough survey of the surrounding area. Mr. 
O’Malley expressed support for both ingress/egress from Colter and the installation of a 
traffic signal at Colter, as well as doubts that the project will impede views or increase 
cut-through traffic in Windsor Square.  
 
Hayleigh Crawford asked for a clear comparison between the existing development 
standards and the proposed standards. Ms. Crawford does not find the proposal to be 
innovative or sufficient in supporting goals for walkability or tree and shade plans.  
 
Dawn Augusta stated that the project exemplifies responsible development due to the 
installation of a traffic signal and its contribution to housing stock in the city of Phoenix.  
 
Adiba Jurayeva stated that her biggest concern was parking, though it has been 
addressed via stipulations and for this reason she is in support.  
 
Danny Sharaby expressed support for the project and the changes that have bene 
made, though the Committee should be wary of public outreach by the applicant in 
terms of online interactions and dissemination of information.  
 
Craig Tribken reiterated his support of the streetscape improvements, setbacks, and its 
provision of housing.  
 
Vice Chair William Fischbach shared that he and Chair Swart had spent several 
hours meeting with the applicant which determined his narrow vote of support. Mr. 
Fischbach relayed that due to site constraints and parking requirements, the developer 
was not able to offer concessions in height or density, thereby requiring a PUD. Mr. 
Fischbach commended the project’s provision of detached sidewalks and improvements 
to the neighborhood, the character of the Windsor Square and North Central 
neighborhoods, and the housing opportunity for young professionals in the project.  
 
MOTION:  
 
Tom O’Malley motioned to approve Z-27-22-6 per the staff recommendation. Craig 
Tribken seconded.  
 
VOTE:  
 
14-2-1; motion to recommend approval of Z-27-22-6 per the staff recommendation 
passes with Committee Members Abbott, Augusta, Bayless, Beckerleg Thraen, Garcia, 
Jurayeva, Nye, O’Malley, Paceley, Rush, Sharaby, Tribken, Fischbach and Swart in 
support, Crawford and Eichelkraut in opposition, and Czerwinski in abstention.

City of Phoenix • Planning & Development Department 
200 West Washington Street, 3rd Floor • Phoenix, Arizona  85003-1611 • (602) 262-6882 
STAFF COMMENTS REGARDING VPC RECOMMENDATION: 
 
Staff has no comments.