Attachment C - VPC Summary - Z-18-23-8.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-18-23-8 
INFORMATION ONLY 
Date of VPC Meeting 
July 11, 2023 
Request From 
C-2, R1-6 and P-1
Request To 
PUD
Proposed Use 
Multifamily residential with ground-floor commercial
Location 
Southeast corner of 34th Street and Thomas Road
VPC DISCUSSION 
One member of the public registered to speak on this item. 
APPLICANT PRESENTATION: 
Mike Maerowitz with Snell and Wilmer, L.L.P. introduced himself and provided a 
summary of the 34th+Thomas proposal, the background and the zoning application that 
was submitted. Mr. Maerowitz noted the outreach and information that had been 
presented to the community around the proposed site. Mr. Maerowitz displayed 
conceptual project plans, the location, details of design and the traffic flow of the 
adjacent roadways and residential developments. Mr. Maerowitz discussed the zoning, 
current condition of the site, the streetscape and absence of development and 
underutilization. Mr. Maerowitz noted that the proposed development would be high 
quality, stepped back from existing residences, and will include amenities, mixed uses 
and sufficient parking. Mr. Maerowitz discussed buffers, screening, setbacks circulation 
and the responses they received from adjacent residents. Mr. Maerowitz presented 
numerous conceptual renderings to demonstrate the details that will be included in the 
project design. Mr. Maerowitz displayed the responses and outreach that was 
conducted and the strategy that was used for to provide information to the community.    
QUESTIONS FROM THE COMMITTEE: 
Mr. Grace noted that the proposal would be a significant project on Thomas Road, and 
residential areas are setback from the busy streets and that the larger retail stores are 
part of larger established developments at Tower Plaza. Mr. Grace stated he was 
concerned with the single-family neighborhood immediately adjacent to the proposed 
development and asked what screening measures are included. Mr. Maerowitz 
responded that the step-down design provides a limited view to adjacent neighbors and 
ATTACHMENT C

Camelback East Village Planning Committee 
Meeting Summary 
Z-18-23-8 
July 11, 2023 
Page 2 
 
City of Phoenix • Planning & Development Department 
200 West Washington Street, 3rd Floor • Phoenix, Arizona  85003-1611 • (602) 262-6882 
 
there has been some analysis on site line views and there will be hedges that will be 
installed. Chair Swart asked if the five neighbors to the east were notified about the 
proposed views. Mr. Maerowitz responded they have been contacted and are 
supportive of the proposal.  
 
Tom O’Malley asked about the loading zone for residents and commercial parking and 
how will it be arranged on the site. Mr. Maerowitz identified the parking locations and 
the access routes from the adjacent streets.   
 
PUBLIC COMMENTS: 
 
Jill Blewett introduced herself as a resident of the Rudyville Neighborhood and stated 
support for the proposal as presented. Ms. Blewett discussed the developers, the 
Empire Group’s outreach and information presented to the adjacent neighbors. Ms. 
Blewett described the information provided, the interactive format and responsiveness 
of the applicant. Ms. Blewett discussed the current site and the proposed streetscape 
improvements, traffic access, safety, and aesthetic quality of the design. Ms. Blewett 
noted the proposed street level unit configurations, street parking is suitable with the 
existing neighborhood to the south. Ms. Blewett provided a list of neighbors who were 
opposed to the first-floor ground access and commended the Empire Group for their 
work on this proposal.   
 
 
APPLICANT RESONSE: 
 
None. 
 
FLOOR/PUBLIC DISCUSION CLOSED: COMMITTEE DISCUSSION:  
 
Mr. Paceley asked how soon will the project proceed. Mr. Maerowitz responded as 
soon as we can get a decision from the Committee.  
 
Chair Swart asked if there was any remaining research or information to be obtained 
for the proposal.   
 
Mr. Paceley noted that proposal looks nice overall but there is a concern that a project 
gets built and makes changes at a later date. Mr. Paceley stated he would like to see 
the developer’s portfolio of other projects to see how they have turned out. Chair Swart 
asked to see any projects that Empire has done and those that are underway. Chair 
Swart mentioned that outreach to the neighborhoods is important and was pleased to 
see that the applicant took those steps to obtain that information.

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-18-23-8 
 
 
Date of VPC Meeting 
September 5, 2023 
Request From 
C-2, R1-6 and P-1 
Request To 
PUD 
Proposed Use 
Multifamily residential with ground floor commercial 
Location 
Southeast corner of 34th Street and Thomas Road  
VPC Recommendation 
Approval, per the staff recommendation, with a deletion 
and modifications. 
VPC Vote 
13-0 
 
VPC DISCUSSION: 
 
STAFF PRESENTATION: 
 
John Roanhorse, staff, provided an introduction and overview of the rezoning request, 
describing the location, general plan designation, existing and proposed zoning districts, 
and the surrounding uses. Mr. Roanhorse displayed maps, the proposed site plan and 
conceptual information to show the details of the proposed development. Mr. 
Roanhorse presented the project details noting the building height, parking, traffic flow 
and proposed landscape plans. Mr. Roanhorse discussed the review process, the report 
analysis, findings, and stipulations. Mr. Roanhorse noted the Planned Unit Development 
process and the next step in the review of the proposal. 
 
APPLICANT PRESENTATION: 
 
Nicholas Wood, representing the applicant with Snell & Wilmer, LLP introduced himself 
and stated his experience in working with development cases and noted that zoning is 
not a right but a privilege. Mr. Wood discussed his approach in working with 
development projects stating how zoning is earned and the importance of including a 
quality developer. Mr. Wood stated the Empire Group the developer for the proposal 
has a long history of quality projects all over the city. Mr. Wood stated that the 
developer approaches projects by engaging neighbors and involved parties to create 
design solutions. Mr. Wood displayed projects that the Empire Group has in progress 
and some that have been completed. Mr. Wood said the Empire Group evaluates the 
need for the type of projects they pursue, and this is one reason they engage in 
residential projects. Mr. Wood stated that multifamily residential projects belong on 
major arterials because it generates traffic and managing it is an important part of the

Camelback East Village Planning Committee 
Meeting Summary 
Z-18-23-8 
Page 2 of 5 
 
 
 
City of Phoenix • Planning & Development Department 
200 West Washington Street, 3rd Floor • Phoenix, Arizona  85003-1611 • (602) 262-6882 
design development. Mr. Wood stated the importance of looking at a project and what 
has been done to mitigate the impacts to the surrounding area. Mr. Wood referenced 
the current proposed site and noted the location, delivery area and the condition of the 
buildings. Mr. Wood said the site location is surrounded by a neighborhood and in their 
plan, they sought to engage with the residents to talk about the project. Mr. Wood stated 
that there is a design approach for every issue presented and they knocked on doors 
and made connections to get positive results. Mr. Wood explained how the 
neighborhood outreach was initially conducted and displayed the number of responses 
they received. Mr. Wood stated initially there was not much support for the proposal and 
residents in the adjacent neighborhood expressed concern and were cautious. Mr. 
Wood stated that the feedback obtained from the neighbors was helpful in preparing the 
design solution for the proposal. Mr. Wood displayed a diagram to show the locations 
and responses neighbors had in the outreach process. Mr. Wood described the 
proposal’s development standards noting the building height, the number of units and 
the availability of various sized units in response to the range of residential needs. Mr. 
Wood noted the range of amenities, the inclusion of retail and the availability of parking 
for residents. Mr. Wood stated the amount of provided parking will prevent visitors from 
parking in the adjacent neighborhood. Mr. Wood noted that the proposed parking would 
include EV availability as part of the design. Mr. Wood described the proposed site plan 
noting the centralized parking, the automobile entry location, and a ride/service share 
delivery location to reduce traffic impacts. Mr. Wood described the measures to reduce 
traffic on 34th Street and 35th Street and the installation of a traffic signal light on 
Thomas Road to allow west and east automobile access. Mr. Wood discussed 
centralizing the residential amenity areas which would reduce noise impacts outside the 
development. Mr. Wood expressed the location and maneuvering space for delivery and 
service vehicles. Mr. Wood displayed landscape designs for screening and privacy. Mr. 
Wood discussed the building height, step backs, setbacks, and the architectural concept 
as a response to the adjacent neighborhood concerns. Mr. Wood displayed conceptual 
building designs to show streetscapes, building views and other specialized 
architectural features. Mr. Wood stated that they are requesting a modification of three 
stipulations and the deletion of one. Mr. Wood noted the stipulated building height and 
said it will not work and request it be deleted. Mr. Wood noted the minimal landscape 
standards would include a 5-foot landscape strip along the property lines and asked that 
the language be changed. Mr. Wood stated the stipulated 10-foot sidewalk easement 
conflicts with the property line and requests changing the language. Mr. Wood stated 
SRP has irrigation lines in the street and the city prefers to have them in the private 
development and requested that the stipulation language be changed. Mr. Wood 
concluded his presentation and noted the hard work that has been done to get the 
proposal prepared for the Committee.  
 
QUESTIONS FROM THE COMMITTEE: 
 
Committee Member Grace asked where parking for the proposed commercial 
development be on the site. Mr. Wood responded that there would be dedicated 
parking in the garage depending on the type of retail and the demand.

Camelback East Village Planning Committee 
Meeting Summary 
Z-18-23-8 
Page 3 of 5 
 
 
 
City of Phoenix • Planning & Development Department 
200 West Washington Street, 3rd Floor • Phoenix, Arizona  85003-1611 • (602) 262-6882 
Committee Member Eichelkraut commented that the Committee had received a letter 
of opposition and asked if the applicant has received the message. Chair Swart 
responded that the Committee did receive the correspondence.  
 
Chair Swart commented that a letter of support was received from Mr. Giovanni Canez 
during the meeting.  
 
Committee Member Schmieder asked about the SRP irrigation lines and if they do not 
have approval what happens. Mr. Wood responded that nothing happens to the 
irrigation lines, and it is the City’s intention to move the lines to the private side and what 
happens is the developer will need to get approval from SRP.  
  
Vice Chair Fischbach asked if the irrigation lines had to be relocated would the 
disruption be minimal to the neighborhood. Mr. Wood responded yes, any disruption 
would be minimal.  
 
Vice Chair Fischbach asked about the stipulation request. Mr. Wood responded that 
the minimum 10-foot right-of-way or sidewalk easement would require a dedication and 
that would conflict with the required setback.   
 
APPLICANT RESONSE: 
None. 
 
Z-18-23-8 MOTION: 
Committee Member Kitty Langmade made a motion to recommend approval of Z-18-
23-8 per the staff recommendation with the removal of Stipulation No. 1.b. and 
modification of Stipulations Nos. 1.c., 2 and 4. Committee Member Dan Rush 
seconded the motion.  
 
Z-18-23-8 VOTE: 
 
13-0; motion to recommend approval of Z-18-23-8 per the staff recommendation with 
the removal of the removal of Stipulation No. 1.b., and modification of Stipulation Nos. 
1.c., 2 and 4 passes with Committee Members Augusta, Bayless, Czerwinski, 
Eichelkraut, Grace, Jurayeva, Langmade, Miller, Rush, Schmieder, Sharaby, Fischbach 
and Swart in favor. 
 
VPC RECOMMENDED STIPULATIONS: 
 
1. 
An updated Development Narrative for the Thomas + 34th PUD reflecting the 
changes approved through this request shall be submitted to the Planning and 
Development Department within 30 days of City Council approval of this request. 
The updated Development Narrative shall be consistent with the Development 
Narrative date stamped August 25, 2023, as modified by the following 
stipulations:

Camelback East Village Planning Committee 
Meeting Summary 
Z-18-23-8 
Page 4 of 5 
 
 
 
City of Phoenix • Planning & Development Department 
200 West Washington Street, 3rd Floor • Phoenix, Arizona  85003-1611 • (602) 262-6882 
 
a. Front cover: Revise the date information on the cover page to the following:  
 
City Council Adopted: [Add Adoption Date] 
 
 
 
 
b. Page 9, Development Standards, d. Building Height: Add a provision to limit 
the building height to 35 feet within 52 feet of the southernmost property line 
in Section “A”.  
 
 
 
 
c. Page 12, and all related exhibits, Development Standards, Minimum 
Landscape Standards, c. Landscape Zone 3 (South): Update to include a 
minimum 5-foot-wide landscape setback immediately adjacent to the property 
line WITH ALLOWANCES TO PERMIT FIRE LANE TURNING RADII TO 
ENCROACH WITHIN THE SETBACK AREA AT CORNERS WHERE 
APPLICABLE.  
 
 
 
 
d.  Update the exhibits and other sections to accommodate and reflect the 
maximum height provided in Stipulation 1.b above.  
 
 
2.  
A minimum 10 feet of right-of-way AND/OR SIDEWALK EASEMENT shall be 
dedicated, totaling 50 feet for the southern half street of Thomas Road, adjacent 
to the development, AS APPROVED BY THE STREETS TRANSPORATION 
DEPARMENT.  
 
 
3.  
A traffic signal shall be installed at Thomas Road and 34th Place. The developer 
shall fund 100 percent of the cost and install the traffic signal at the intersection 
as a four-legged intersection with the development’s driveway. Signalized 
driveway access on Thomas Road shall be designed to a typical public street 
intersection for roadway design and ADA compliance, as approved by the Street 
Transportation Department. 
 
 
4. 
SUBJECT TO SRP APPROVAL, existing irrigation facilities along Thomas Road 
are to be relocated outside of City right-of-way. Contact SRP to identify existing 
land rights and establish the appropriate process to relocate the facility. 
Relocations that require additional dedications or land transfer require completion 
prior to obtaining plat and/or civil plan review approval. 
 
 
5. 
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. 
 
 
6. 
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

Camelback East Village Planning Committee 
Meeting Summary 
Z-18-23-8 
Page 5 of 5 
 
 
 
City of Phoenix • Planning & Development Department 
200 West Washington Street, 3rd Floor • Phoenix, Arizona  85003-1611 • (602) 262-6882 
and approved by the City Attorney. 
 
 
7. 
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. 
 
 
8. 
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. 
 
 
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. 
 
 
STAFF COMMENTS REGARDING VPC RECOMMENNDATION AND 
STIPULATIONS: 
 
Stipulation No. 1.d should be deleted as it refers to Stipulation No. 1.b, which the Village 
Planning Committee recommended to be deleted.  
 
Staff recommends that Stipulation Nos. 2 and 4 remain as originally written in the staff 
report and not be modified, at the request of the Street Transportation Department.  
 
The Street Transportation Department commented that for Stipulation No. 2, while the 
Street Transportation Department is granted the ability to accept up to a 10-foot 
sidewalk easement in lieu of right-of-way for certain roadway cross-sections for 
properties encumbered by a hardship outside the property owner’s control, this 
provision is not intended to allow unencumbered properties a way to subvert the 
setback requirements set forth in the City of Phoenix Zoning Ordinance to maximize the 
useable area of a property. 
The Street Transportation Department commented that for Stipulation No. 4, all 
infrastructure owned by another Arizona entity must be located outside the City’s right-
of-way, and it is the purview of the Street Transportation Department, Utilities Section to 
require SRP relocation. In the event that there is a technical issue that cannot be 
overcome, as determined by the Utilities Section, the applicant can seek approval to 
maintain irrigation in the right-of-way.