Attachment C - VPC Summary - Z-42-23-7.pdf

City of Phoenix — Formal (2023-12-06)

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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-42-23-7
Date of VPC Meeting 
October 16, 2023 
Request From 
CP/GCP  
Request To 
C-2 HGT/WVR DNS/WVR and C-2
Proposal 
North portion: Multifamily residential community;  
South portion: Public school 
Location 
Approximately 1,700 feet south of the southeast corner 
of 63rd Avenue and Baseline Road 
VPC Recommendation 
Approval, per the staff recommendation with 
modifications and additional stipulations  
VPC Vote  
5-4
VPC DISCUSSION:
Two members of the public registered to speak on this item.   
Staff Presentation:  
Nayeli Sanchez Luna, staff, presented an overview of Z-42-23-7. Mrs. Sanchez Luna 
discussed the location of the site, the requested zoning designation, and the 
surrounding land uses. Mrs. Sanchez Luna provided an overview of the proposed 
development including the site plan and elevations. Mrs. Sanchez Luna concluded the 
presentation by summarizing the staff findings, providing the staff recommendation 
and proposed stipulations.  
Applicant Presentation: 
Wendy Riddell, representing the applicant with Berry Riddell, provided an overview of 
the proposed case. Ms. Riddell summarized the surrounding land uses and zoning 
and noted that a hospital would be located north of the site. Ms. Riddell noted a public 
school will be constructed on the south portion of the subject site. Ms. Riddell added 
that the developer would also improve 63rd Avenue and a portion of the Laveen Area 
Conveyance Channel. Ms. Riddell concluded the presentation by displayed the site 
plan and elevations and noted the height, modern agrarian architecture, open space, 
and amenities.  
Questions From the Committee: 
Patrick Nasser-Taylor asked if the west property, known as the Christmas House, 
ATTACHMENT C

Laveen Village Planning Committee 
Meeting Summary 
Z-42-23-7 
October 16, 2023 
Page 2 
 
 
City of Phoenix • Planning & Development Department 
200 West Washington Street, 3rd Floor • Phoenix, Arizona  85003-1611 • (602) 262-6882 
used to own the entire subject property. Ms. Riddell confirmed that the Christmas 
House did not own the site.  
 
Mixen Rubio-Raffin asked why 63rd Avenue needed to be expanded. Ms. Riddell 
noted that the Streets Transportation Department classified 63rd Avenue as a 
collector, thus requiring the expansion. Ms. Rubio-Raffin asked what the school 
boundaries were for the proposed public school. Chair Linda Abegg noted that the 
boundaries would be determined after the school is built but Laveen had open 
boundaries that allowed children to attend any school. Ms. Rubio-Raffin asked how 
the developer would ensure safety when crossing 100 feet of roadway on 63rd 
Avenue. Ms. Riddell noted that the school would ensure safety by providing school 
shuttles, school crossings at intersections, or other methods.  
 
Vice Chair Stephanie Hurd stated that she appreciated the large queuing lane for the 
public school. Jennifer Rouse agreed and stated that at other schools people just 
drop off their kids on the street.  
 
Carlos Ortega asked if the expansion would be between the multifamily portion and 
the public school. Chair Abegg stated that the expansion would occur on 63rd Avenue 
which runs north and south. Ms. Riddell confirmed.  
 
Rebecca Perrera asked when the development is expected to be completed. Ms. 
Riddell stated that they have had numerous site planning pre-apps and construction 
would begin shortly after approval. Ms. Perrera asked if the developer would maintain 
the Laveen Area Conveyance Channel. Ms. Riddell stated that the City of Phoenix 
would maintain the Laveen Area Conveyance Chanell. Ms. Perrera stated that she 
appreciated the improvements, but the Laveen Area Conveyance Channel needed to 
be properly maintained.  
 
Ms. Rouse asked if a crossing guard was going to be provided where the school will 
be located. Ms. Rouse added that she has seen instances of unsafe crossing. Ms. 
Rouse asked if the Laveen Area Conveyance Channel will have lighting. Ms. Riddell 
noted that the school is working on solutions to provide safe crossings. Ms. Riddell 
added that staff has added a stipulation to provide lighting at the pedestrian 
connections to the Laveen Area Conveyance Channel, but the developer won’t light 
the other side.  
 
Francisco Barraza noted that his questions have been answered and that the school 
district has been working with the developer.  
 
Vice Chair Hurd asked if crosswalk lights could be added. Ms. Riddell noted that this 
could be a potential solution.  
 
Ms. Perrera noted that she rode her bicycle on the Laveen Area Conveyance Channel 
and noted the difficulty in crossing a large road.

Laveen Village Planning Committee 
Meeting Summary 
Z-42-23-7 
October 16, 2023 
Page 3 
 
 
City of Phoenix • Planning & Development Department 
200 West Washington Street, 3rd Floor • Phoenix, Arizona  85003-1611 • (602) 262-6882 
Mr. Ortega stated that the city or school should be involved in trying to find solutions 
to cross the road safely. Ms. Riddell stated that they have been working with the 
school and the Street Transportation Department.  
 
Ms. Perrera asked if the school was working on pedestrian safety on 63rd Avenue. 
Mr. Barraza confirmed that the school district has been working with the applicant and 
developer. Charlie Martin, the Laveen School District CFO, confirmed.  
 
Mr. Ortega stated that school queuing lanes have been a major safety and traffic 
issue in Laveen. Mr. Martin stated that the proposed school layout and queuing lane 
are proposed to remove cars from the main street.  
 
Vice Chair Hurd asked for the school contact that manages queuing lanes.  
 
Ms. Rubio-Raffin noted that vehicles in queuing lanes often block the designated 
bicycle lanes. Ms. Rubio-Raffin added that she hoped to vehicles were did not block 
the bicycle lanes with the construction of the school.  
 
Chair Abegg stated that she appreciated the open space and mix of uses and asked 
if they could stipulate the 18% open space. Chair Abegg added that she was 
supportive of the large queuing lane, but the main concern is traffic on 63rd Avenue. 
Chair Abegg asked if the Streets Transportation Department provided a stipulation for 
a High Intensity Activated CrossWalk (HAWK) beacon signal. Chair Abegg added that 
she had concerns with the intersection on 63rd Avenue and Baseline Road and asked 
if 63rd Avenue could terminate at the school site. Ms. Riddell noted that the applicant 
and developer does not have the ability to terminate 63rd Avenue. Ms. Riddell added 
that a HAWK would be difficult to include and that she would not be supportive of a 
HAWK stipulation. Chair Abegg noted that a HAWK should be reasonable because 
the developer would gain profit from the zoning approval. Ms. Riddell added that the 
developer was wiling to find solutions for safe pedestrian crossing but reiterated that 
she was not supportive of a HAWK stipulation. Chair Abegg asked if the TIA was 
going to analyze traffic patterns after the hospital is built or before. Ms. Riddell stated 
that the TIA examines the interim conditions and the condition after the development is 
built. Ms. Riddell added that they would agree to stipulating the open space as shown 
on the site plan. Chair Abegg asked if the development could add some EV installed 
infrastructure. Ms. Riddell stated that she will work with her team.  
 
Chair Abegg asked staff if a general conformance stipulation was added to the site 
plan. Mrs. Sanchez Luna stated that the current site plan does not meet the 
requirements to be stipulated as general conformance. Ms. Riddell stated that the 
developer was willing to modify the site plan to stipulate general conformance.  
 
Chair Abegg asked about the EV installed parking spaces. Ms. Riddell stated that 
the developer could provide five EV installed spaces.  
 
Chair Abegg reiterated that her biggest concerns was traffic safety on 63rd Avenue.

Laveen Village Planning Committee 
Meeting Summary 
Z-42-23-7 
October 16, 2023 
Page 4 
 
 
City of Phoenix • Planning & Development Department 
200 West Washington Street, 3rd Floor • Phoenix, Arizona  85003-1611 • (602) 262-6882 
 
Mr. Ortega asked if the TIA would analyze current and future conditions. Ms. Riddell 
confirmed. 
 
Public Comment:  
 
Dan Penton asked what air quality features will be used by the school district. Mr. 
Penton suggested a stipulation be added to ensure high quality air filters because the 
school will be located next to a freeway and could cause negative health effects. Mr. 
Penton noted that the expansion of 63rd Avenue was excessive. Mr. Penton asked for 
safety measures to be implemented on 63rd Avenue such as median islands. Mr. 
Penton added that the construction of the hospital will increase traffic congestion and 
emergency vehicles on 63rd Avenue. Mr. Penton noted that a lot of factors were not 
being considered and requested that the applicant create a PUD to ensure 
enhancements on the Laveen Area Conveyance Chanel and 63rd Avenue.  
 
Phil Hertel stated that he agreed with the majority of Dan Penton’s comments. Mr. 
Hertel asked if the school land would be donated. Mr. Martin stated that the school 
district would be purchasing the land. Mr. Hertel asked what the developer would be 
donating to the school and if the multi-use trail will be available to the public. Ms. 
Riddell noted that the developer would improve the Laveen Area Conveyance 
Channel. Mr. Hertel asked the landscape stipulation to be modified to include 2-inch 
and 3-inch caliper trees.  
 
Applicant Response:  
 
Ms. Riddell stated that the multi-use trail will be located on the south side of the 
Laveen Area Conveyance Channel and available to the public. Ms. Riddell added that 
3-inch caliper trees are not as available as 2-inch caliper trees but that the stipulation 
already exceeded what was required. Ms. Riddell noted that the developer will 
continue to work with the school district on this development, but donations are not 
typical for an approximate 40-acre site. 
 
Committee Discussion:  
 
Chair Abegg noted that some discussed modifications to stipulations include 
increasing the open space to 18%, a minimum of 20% accent materials on elevations, 
adding five EV parking spaces be installed, and adding a general conformance 
stipulation to a future site plan submitted by the applicant. Chair Abegg noted that she 
would let the committee discuss increasing the tree caliper size. Chair Abegg added 
that they will reach out to Streets to discuss street safety in this area.  
 
Vice Chair Hurd stated that a solution should be required to ensure safe pedestrian 
crossings. Ms. Perrera stated that the presented proposal could be the fair solution 
and that she was ready to make a motion.

Laveen Village Planning Committee 
Meeting Summary 
Z-42-23-7 
October 16, 2023 
Page 5 
 
 
City of Phoenix • Planning & Development Department 
200 West Washington Street, 3rd Floor • Phoenix, Arizona  85003-1611 • (602) 262-6882 
Motion:  
Rebecca Perrera motioned to recommend approval of Z-42-23-7 per the staff 
recommendation with modifications to Stipulation Nos. 7(5) and 15(13) regarding open 
space and electric vehicle charging stations and the following additional stipulations:  
 The multifamily development shall be in general conformance to the future site 
plan submitted by the applicant.  
  A minimum of 20% of the building elevations shall have accent materials that 
include brick veneer, vertical siding, metal railing, and window shutters. 
Carlos Ortega second the motion.  
 
Chair Abegg asked if the motion should include the size caliper trees. Ms. Perrera 
declined.  
 
Ms. Rubio-Raffin stated that the size of the street is a concern and asked if she could 
ask additional questions on the TIA. Chair Abegg stated that the TIA has not been 
approved by the City of Phoenix. Ms. Rubio-Raffin stated that a stipulation could be 
added to limit the number of students being dropped off. Chair Abegg stated that 
stipulations cannot be added to the public-school portion of the site. Ms. Perrera 
stated that the school could provide incentives to reduce vehicles.  
 
Ms. Rubio-Raffin stated that the City has over a dozen HAWKs and they are located 
at schools and colleges. Ms. Rubio-Raffin stated that a HAWK stipulation should be 
added. Chair Abegg stated that she could support the additional stipulation. Ms. 
Rubio-Raffin stated that some crossings can include flashing lights rather than an 
entire HAWK system. JoAnne Jensen stated that she did not support adding a 
stipulation that could not be enforced.  
 
Ms. Rubio-Raffin asked Committee Member Perrera to modify her motion. Ms. 
Perrera stated that she agreed with Committee Member Jensen and was worried that 
the stipulation will be removed. Ms. Perrera denied modifying her motion.  
 
Substitute Motion:  
Mixen Rubio-Raffin made a substitute motion to recommend approval of Z-42-23-7 
per the staff recommendation with modifications to Stipulation Nos. 7(5) and 15(13) 
regarding open space and electric vehicle charging stations and the following 
additional stipulations:  
 The multifamily development shall be in general conformance to the future site 
plan submitted by the applicant.  
  A minimum of 20% of the building elevations shall have accent materials that 
include brick veneer, vertical siding, metal railing, and window shutters.  
 A HAWK shall be provided at a placement recommended by the Street 
Transportation Department after receiving the traffic study.  
Patrick Nasser-Taylor second the motion.  
 
Ms. Jensen stated that she was supportive of the traffic discussion, but because the 
stipulation could not be enforceable, she could not support the motion. Ms. Jensen

Laveen Village Planning Committee 
Meeting Summary 
Z-42-23-7 
October 16, 2023 
Page 6 
 
 
City of Phoenix • Planning & Development Department 
200 West Washington Street, 3rd Floor • Phoenix, Arizona  85003-1611 • (602) 262-6882 
added that school incentives are going to ensure that queuing traffic is reduced.  
 
Chair Abegg added that she has tried to get HAWKs installed at dangerous school 
crossings, so she was supportive of the stipulation but understood if the Streets 
Transportation Department removed it. Chair Abegg stated that Planning Commission 
will see the motion and discuss the HAWK stipulation.  
 
Ms. Rouse stated that she agreed with Chair Abegg’s comments and encouraged 
Committee Member Rubio-Raffin to also attend District 8 Budget Meetings. Ms. Rouse 
stated that she was supportive of the stipulation.  
 
Vote:  
5-4, motion to recommend approval of Z-42-23 per the staff recommendation with 
modifications and three additional stipulations passed with Committee Members 
Nasser-Taylor, Ortega, Rouse, Rubio-Raffin, and Abegg in favor and Committee 
Members Barraza, Jensen, Perrera, and Hurd in opposition.  
 
Recommended Stipulations 
 
1.  
The multifamily development shall be in general conformance with the elevations 
date stamped July 10, 2023, as modified by the following stipulations and 
approved by the Planning and Development Department.  
 
 
2.  
A MINIMUM OF 20% OF THE BUILDING ELEVATIONS SHALL HAVE 
ACCENT MATERIALS THAT INCLUDE BRICK VENEER, VERTICAL SIDING, 
METAL RAILING, AND WINDOW SHUTTERS. 
 
 
3.  
THE MULTIFAMILY DEVELOPMENT SHALL BE IN GENERAL 
CONFORMANCE TO THE FUTURE SITE PLAN SUBMITTED BY THE 
APPLICANT.  
 
 
2. 
4. 
Residential development shall comply with R-4 PRD development standards.   
 
 
3. 
5. 
A minimum 60-foot building setback shall be provided along the west perimeter 
of the site.  
 
 
4. 
6. 
All required landscape setbacks shall be planted with 2-inch caliper large 
canopy, drought tolerant trees, planted 20 feet on center or in equivalent 
groupings, as approved by the Planning and Development Department. 
 
 
5. 
7. 
A minimum of 1518% of the gross (residential) site area shall be retained as 
open space.  
 
 
6. 
8. 
A minimum of 10% of the required shrubs, shall be a milkweed or other native 
nectar species, and shall be planted in groups of three or more, as approved by

Laveen Village Planning Committee 
Meeting Summary 
Z-42-23-7 
October 16, 2023 
Page 7 
 
 
City of Phoenix • Planning & Development Department 
200 West Washington Street, 3rd Floor • Phoenix, Arizona  85003-1611 • (602) 262-6882 
the Planning and Development Department. 
 
 
7. 
9. 
Where pedestrian walkways cross a vehicular path, the pathway shall be 
constructed of decorative pavers, stamped or colored concrete, or other 
pavement treatments that visually contrast parking and drive aisle surfaces, as 
approved by the Planning and Development Department. 
 
 
8. 
10. 
All multifamily pedestrian walkways, including sidewalks, shall be shaded by a 
structure, landscaping at maturity, or a combination of the two to provide a 
minimum 75% shade, as approved by the Planning and Development 
Department.  
 
 
9. 
11. 
All uncovered surface parking lot areas shall be landscaped with minimum 2-inch 
caliper size, single trunk, large canopy, drought tolerant shade trees. 
Landscaping shall be dispersed throughout the parking area and achieve 25% 
shade at maturity, as approved by Planning and Development Department. 
 
 
10. 
12. 
The multifamily development shall incorporate bicycle infrastructure as described 
below and approved by the Planning and Development Department. 
 
 
 
a. 
A minimum of 30 bicycle parking spaces shall be provided on the 
multifamily development through inverted U and/or artistic racks dispersed 
throughout the site or in a secure room and installed per requirements of 
Section 1307.H. of the Phoenix Zoning Ordinance.  
 
 
 
 
b. 
All bicycle infrastructure shall be shaded by a structure, landscaping at 
maturity, or a combination of the two to provide minimum 75% shade, as 
approved by the Planning and Development Department. 
 
 
 
 
c. 
A bicycle repair station (“fix it station”) shall be provided on the multifamily 
development in close proximity to the Laveen Area Conveyance Channel. 
The station shall include but not limited to: standard repair tools affixed to 
the station; a tire gauge and pump; and a bicycle repair stand which 
allows pedals and wheels to spin freely while making adjustments to the 
bike.  
 
 
 
 
d. 
A minimum of 10% of the required bicycle parking spaces shall include 
standard electrical receptacles for electric bicycle charging capabilities.  
 
 
11. 
13.  
Prior to final site plan approval, the developer shall include with the building 
plans submitted for Phoenix Building Construction Code compliance review, 
certification by a registered Professional Engineer or registered Professional 
Architect in the State of Arizona demonstrating the average indoor noise levels 
of the residential units shall not exceed a decibel day night-level (DNL) of 45 
decibels, as approved by the Planning and Development Department.

Laveen Village Planning Committee 
Meeting Summary 
Z-42-23-7 
October 16, 2023 
Page 8 
 
 
City of Phoenix • Planning & Development Department 
200 West Washington Street, 3rd Floor • Phoenix, Arizona  85003-1611 • (602) 262-6882 
12. 
14. 
A noise mitigating wall no less than six feet in height shall be provided along the 
Loop 202 freeway. This wall shall include material and textural differences, such 
as stucco and/or split face block with a decorative element, such as tile or 
stamped design, as approved by the Planning and Development Department. 
 
 
13.  
15. 
A minimum of 20% of the required parking spaces for the multifamily 
development shall include EV Capable infrastructure. AND A MINIMUM FIVE 
EV INSTALLED SPACES SHOULD BE INSTALLED AT CERTIFICATE OF 
OCCUPANCY.  
 
 
14.  
16. 
A Traffic Impact Analysis shall be submitted to the City for this development. No 
preliminary approval of plans shall be granted until the study is reviewed and 
approved by the City.  
 
 
17.  
A HAWK SHALL BE PROVIDED AT A PLACEMENT RECOMMENDED BY 
THE STREET TRANSPORTATION DEPARTMENT AFTER RECEIVING THE 
TRAFFIC STUDY.  
 
 
15.  
18. 
A minimum 67-feet of right-of-way shall be dedicated for the east side of 63rd 
Avenue, adjacent to the development and including the frontage of APN 300-
020-017C. Additional right-of-way dedications and improvements shall be 
provided as required by the TIS, and as approved by the Street Transportation 
Department.   
 
 
16. 
19. 
A minimum 5-foot-wide detached sidewalk and minimum 10-foot-wide landscape 
area located between the back of curb and sidewalk shall be constructed along 
the east side of 63rd Avenue.  
 
 
17.  
20. 
The east half of 63rd Avenue shall be constructed and expanded over the 
Laveen Area Conveyance Channel for a total curb-to-curb width of 74 feet. 
 
 
18. 
21. 
A minimum 5-foot-wide attached sidewalk shall be constructed along the east 
side of 63rd Avenue over the Laveen Area Conveyance Channel to 
accommodate a “C” cross section designated roadway, as approved by the 
Planning and Development Department. 
 
 
19.  
22. 
A 10-foot-wide Multi-Use Trail (MUT) shall be constructed along the southside of 
the Laveen Area Conveyance Channel, adjacent to the property.  Improvements 
within the Laveen Area Conveyance Channel right-of-way shall include a Multi-
Use Trail, landscaping, and other incidentals as required in 507 Tab A (II)(E)(2). 
 
 
20.  
23. 
All pedestrian gates to the Laveen Area Conveyance Channel shall be lighted, 
as approved by the Planning and Development Department.   
 
 
21.  
24. 
Three enhanced pedestrian connections shall be provided on the northern site 
boundary to allow for direct pedestrian access to the adjacent Laveen Area

Laveen Village Planning Committee 
Meeting Summary 
Z-42-23-7 
October 16, 2023 
Page 9 
 
 
City of Phoenix • Planning & Development Department 
200 West Washington Street, 3rd Floor • Phoenix, Arizona  85003-1611 • (602) 262-6882 
Conveyance Channel Multi-Use Trail. A minimum 8-foot-wide shaded pedestrian 
pathway consisting of decorative material such as brick, pavers or alternative 
material shall be constructed, as approved by the Planning and Development 
Department 
 
 
22.  
25. 
All streets within and adjacent to the development shall be constructed 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. 
 
 
23.  
26.  
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. 
 
 
24.  
27. 
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. 
 
 
25.  
28. 
 
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. 
 
 
26.  
29.  
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. 
 
Staff comments regarding VPC Recommendation:  
 
Staff recommends modifying the language for Stipulation No. 3 after the applicant has 
submitted a revised site plan to include the date of submittal and Stipulation No. 15 to 
ensure the EV spaces are installed prior to certificate of occupancy. The Street 
Transportation Department recommends modifying the language for Stipulation No. 17 
to clarify the device type, location and funding.