Attachment D - PC Summary - Z-46-21-4.pdf

REPORT OF PLANNING COMMISSION ACTION 
October 7, 2021 
ITEM NO: 8 
DISTRICT NO.: 4
SUBJECT:
Application #: 
Z-46-21-4
Location: 
Approximately 240 feet west of the southwest corner of 7th Street 
and Palm Lane 
From: 
C-O and P-1
To: 
WU Code T4:3 MT 
Acreage:
1.03 
Proposal: 
Single-family detached residences 
Applicant: 
David Kitnick, Rosewood Homes, LLC 
Owner: 
Goldwater Institute 
Representative: George Pasquel, III, Withey Morris, PLC 
ACTIONS: 
Staff Recommendation: Approval, subject to stipulations. 
Village Planning Committee (VPC) Recommendation: 
Encanto 10/4/2021 Approval, per the staff recommendation with direction. Vote: 11-0. 
Planning Commission Recommendation: Approval, per the Encanto Village Planning 
Committee recommendation, with an additional stipulation. 
Motion Discussion: N/A 
Motion details: Commissioner Howard made a MOTION to approve Z-46-21-4, per the 
Encanto Village Planning Committee recommendation, with the additional stipulation as 
read into the record. 
 
Maker: Howard 
 
Second: Johnson 
 
Vote: 9-0 
Absent: None   
 
Opposition Present: No 
Findings: 
1.
The proposal is compatible with the context of the area in terms of its height,
setbacks, and landscape character.
2.
The development advances the vision and recommendations contained in the
Midtown TOD Policy Plan by proposing a transect consistent intensity range
contained in the adopted Place Type.
Attachment D

3. 
The proposal will create additional housing options in line with the Housing 
Phoenix Plan’s goal of preserving or creating 50,000 housing units by 2030. 
 
Stipulations: 
 
1. 
The mature California Fan Palms shall be preserved within the Palm Lane right-
of-way, as approved or modified by the Planning and Development Department 
Landscape Architect. This stipulation shall not preclude the relocation of mature 
California Fan Palms within the right-of-way. 
 
 
2. 
The developer shall pave the alley per the local street standards from western 
project boundary to 7th Street, as approved by the Planning and Development 
Department. 
 
 
3. 
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. 
 
 
4. 
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. 
 
 
5. 
The developer shall grant and record an avigation easement to the City of 
Phoenix for the site, per the content and form prescribed by the City Attorney 
prior to final site plan approval. 
 
 
6. 
The developer shall provide a No Hazard Determination for the proposed 
development from the FAA pursuant to the FAA’s Form-7460 obstruction 
analysis review process, prior to construction permit approval, as per plans 
approved by the Planning and Development Department. 
 
 
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. 
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. 
 
This publication can be made available in alternate format upon request. Please contact Angie 
Holdsworth at (602) 495-5622, TTY use 7-1-1.