Attachment C - VPC Summary - Z-14-23-4.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-14-23-4
Date of VPC Meeting 
September 11, 2023 
Request From 
R-5 SNSPD and C-1 SNSPD
Request To 
C-1 SNSPD
Proposal 
Retail convenience store with fuel sales
Location 
Southwest corner of 15th Avenue and McDowell Road 
VPC Recommendation 
Approval, per the staff recommendation with an 
additional stipulation 
VPC Vote 
13-1-1
VPC DISCUSSION:
Two members of the public registered to speak on this item, one in support, one in 
opposition. One member of the public registered in support, not wishing to speak. 
STAFF PRESENTATION 
Anthony Grande, staff, provided a presentation regarding the proposed rezoning. He 
described the location of the request, the surrounding area, the proposed zoning, and 
the proposed development, in addition to summarizing the staff recommendation and 
stipulations. 
APPLICANT PRESENTATION 
Brennan Ray, representing the applicant with Burch and Cracchiolo, provided a 
presentation regarding the proposal, highlighting that Circle K has been operating at 
the site for 53 years and that this proposal would represent a significant upgrade, 
including better architecture, lighting, and vehicular access improvements. 
QUESTIONS FROM COMMITTEE 
Committee Member Gaughan asked if there would be signage for the right-turn only 
exit. Mr. Ray stated he didn’t know yet if signage would be allowed or required by 
Streets. 
Committee Member Dana Johnson asked about the bicycle repair station. Mr. Ray 
replied with a description of the station. Mr. Grande noted that there are standards the 
city applies to the bicycle repair station. 
ATTACHMENT C

Central City Village Planning Committee 
Meeting Summary 
Z-14-23-4 
Page 2 of 6 
 
 
 
City of Phoenix • Planning & Development Department 
200 West Washington Street, 3rd Floor • Phoenix, Arizona  85003-1611 • (602) 262-6882 
 
Committee Member Martinez asked for clarification about the vehicular access points 
and that there will be no access from the alley. Mr. Ray provided clarification on 
vehicular access and confirmed there would be no access from the alley. 
 
Committee Member Olivas asked whether traffic could enter the site turning left from 
15th Avenue. Mr. Ray stated that would not be allowed. Ms. Olivas stated that the 
larger store is good for safety because it would have more employees, and asked 
about the timeline for development and whether the alley would be abandoned. Mr. 
Ray stated there would be no abandonment of the alley and that the timeline was not 
solidified but it would be longer than 9 months from now. Ms. Olivas asked about the 
neighborhood outreach. Mr. Ray described the neighborhood meeting for the case. 
 
Committee Member Dana Johnson noted a potential crime issue with the space 
between the trash and the wall. 
 
Committee Member Gaughan asked about a lighting plan for the alley. Mr. Ray 
stated they will work with the City in the site plan review process to include lighting in 
the alley. 
 
Committee Member Starks asked about the authority to arrest agreement. 
Committee Member Greenman provided clarification. Dave Slacks, representative 
with Circle K, stated that the authority to arrest allows the police to remove an 
individual from the site without employees of the store requesting it. Ms. Starks asked 
about how people are removed from the site. Mr. Slacks replied with details about the 
process. 
 
Committee Member Panetta asked about the 40-foot dedication on 15th Avenue. Mr. 
Grande explained that it would require 7 feet of additional right-of-way than what is 
there today. Mr. Panetta asked about on-site security. Mr. Slacks stated that the site 
has a mobile safety patrol that goes to this store multiple times per night. Ms. Olivas 
noted that the description provided differed from what was provided at the 
neighborhood meeting and that the applicant should provide a correction to the 
community. 
 
Committee Member Sherman asked about single-serving alcohol, blocked windows 
creating security issues, and about the number of employees expected at the new 
store. Mr. Ray replied that liquor sales would be governed by the liquor license 
process, the number of employees hasn’t been determined yet, and the applicant will 
continue to review the security issue with windows. 
 
Committee Member Panetta stated that there was no zoning-related reason to deny 
the request, but Circle K stores tend to have issues. 
 
Committee Member Uss stated that Circle K could explore working with Phoenix 
Rescue Mission when removing people from the property.

Central City Village Planning Committee 
Meeting Summary 
Z-14-23-4 
Page 3 of 6 
 
 
 
City of Phoenix • Planning & Development Department 
200 West Washington Street, 3rd Floor • Phoenix, Arizona  85003-1611 • (602) 262-6882 
 
Committee Member Vargas asked about truck access to the property. Mr. Ray replied 
that they can’t guarantee a route for trucks, but the likely route shown on the site plan 
would be to enter from southbound 15th Avenue and exit onto McDowell Road. 
 
Chair Gonzales asked if a study was done for truck movements. Mr. Ray replied that a 
study was done for truck movements on site. 
 
PUBLIC COMMENTS 
Jeff Densic introduced himself and spoke in opposition, stating that most retail lots are 
small lots and allowing the assemblage would change the dynamic of the area and that 
the development should be more responsive to the historic neighborhood. 
 
Byron Sampson introduced himself and spoke in support, noting the need for the 
larger store and the positive presence of lighting in the project. 
 
APPLICANT RESPONSE 
Mr. Ray stated that the right-in right-out on 15th Avenue was requested by the Street 
Transportation Department and that it will be a raised curb, not simply striped. He 
further noted that the applicant will add pole lighting where the city allows it, in order to 
enhance safety. 
 
Committee Member Martinez asked about the removal of trees on site. Mr. Ray 
replied that the trees would be removed for a complete redevelopment of the site. 
 
Committee Member Uss stated that comments in support of lighting can be sent to 
the city. 
 
MOTION 
Jordan Greenman made a motion to recommend approval of Z-14-23-4, per the staff 
recommendation with the additional stipulation that in-person full-time security, 
dedicated to this store, shall be provided 8 hours per day on site. Eva Olivas seconded 
the motion for approval per the staff recommendation with the additional stipulation. 
 
VOTE 
13-1-1, Motion to recommend approval of Z-14-23-4, per the staff recommendation with 
the additional stipulation passed, with Committee Members Burton, Gaughan, 
Greenman, Johnson, Lockhart, Martinez, Nervis, Olivas, Panetta, Sherman, Sonoskey, 
Uss, and Vargas in favor; Committee Member Gonzales opposed; Committee Member 
Starks abstaining.

Central City Village Planning Committee 
Meeting Summary 
Z-14-23-4 
Page 4 of 6 
 
 
 
City of Phoenix • Planning & Development Department 
200 West Washington Street, 3rd Floor • Phoenix, Arizona  85003-1611 • (602) 262-6882 
VPC RECOMMENDED STIPULATIONS: 
 
1. 
The maximum building height shall be 23 feet. 
 
 
2. 
A minimum of 4 bicycle parking spaces shall be provided through Inverted U 
and/or artistic racks located near the building entrance 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. 
 
 
3. 
A bicycle repair station (“fix it station”) shall be provided on the site. 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, as approved by the Planning 
and Development Department. 
 
 
4. 
A minimum of 5% of the required parking spaces shall be EV Installed. 
 
 
5. 
Site lighting shall be provided at building entrances/exits and in the parking and 
refuse areas, as approved by the Planning and Development Department. All on-
site lighting shall be shielded to prevent direct visibility of the light source from 
residential properties to the south. 
 
 
6. 
Video surveillance shall be maintained to monitor activities in and around the 
store to discourage alcohol violations and unlawful activities. 
 
 
7. 
An “authority to arrest” agreement shall be completed and maintained by the 
property owner. The agreement shall be signed and delivered to the Phoenix 
Police Department.  
 
 
8. 
“No Trespassing” signs shall be posted per Phoenix City Code on the exterior of 
the building in both English and Spanish. 
 
 
9. 
A 10-foot sidewalk easement shall be dedicated for the south side of McDowell 
Road, as approved by the Planning and Development Department. 
 
 
10. The developer shall dedicate a minimum 40 feet of right-of-way for the west side 
of 15th Avenue, adjacent to the development, as approved by the Planning and 
Development Department 
 
 
11. A minimum 6-foot-wide detached sidewalk separated by a minimum 10-foot-wide 
landscape strip located between the back of curb and sidewalk shall be provided 
along the south side of McDowell Road, planted to the following standards, as 
approved by the Planning and Development Department.

Central City Village Planning Committee 
Meeting Summary 
Z-14-23-4 
Page 5 of 6 
 
 
 
City of Phoenix • Planning & Development Department 
200 West Washington Street, 3rd Floor • Phoenix, Arizona  85003-1611 • (602) 262-6882 
 
a. 
Minimum 2-inch caliper single-trunk, large canopy, drought-tolerant shade 
trees planted 20 feet on center or in equivalent groupings. 
 
 
 
b. 
Shrubs, accents, and vegetative groundcovers to achieve a minimum of 
75% live coverage at maturity. 
 
 
 
Where utility conflicts exist, the developer shall work with the Planning and 
Development Department on an alternative design solution consistent with a 
pedestrian environment. 
 
 
12. A minimum 5-foot-wide detached sidewalk separated by a minimum 8-foot-wide 
landscape strip located between the back of curb and sidewalk shall be provided 
along the west side of 15th Avenue, planted to the following standards, as 
approved by the Planning and Development Department. 
 
 
 
a. 
Minimum 2-inch caliper single-trunk, large canopy, drought-tolerant shade 
trees planted 20 feet on center or in equivalent groupings. 
 
 
 
b. 
Shrubs, accents, and vegetative groundcovers to achieve a minimum of 
75% live coverage at maturity. 
 
 
 
Where utility conflicts exist, the developer shall work with the Planning and 
Development Department on an alternative design solution consistent with a 
pedestrian environment. 
 
 
13. The developer shall provide a singular, 40-foot-wide P-1255-2 access point on 
McDowell Road at the westernmost property line. All other existing access points 
on McDowell Road shall be removed. 
 
 
14. The developer shall provide a limited access P-1243-2 right in/right out driveway 
on 15th Avenue. 
 
 
15. 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. 
 
 
16. The developer shall dedicate right‐of‐way and construct a new bus stop pad on 
southbound 15th Avenue. The bus stop pad shall be constructed according to 
City of Phoenix Standard Detail P1260 with a minimum depth of 10 feet. The bus 
stop pad shall be spaced from McDowell Road according to City of Phoenix 
Standard Detail P1258. Trees shall be placed to provide a minimum 50% shade 
coverage to the bus stop pad at full maturity.

Central City Village Planning Committee 
Meeting Summary 
Z-14-23-4 
Page 6 of 6 
 
 
 
City of Phoenix • Planning & Development Department 
200 West Washington Street, 3rd Floor • Phoenix, Arizona  85003-1611 • (602) 262-6882 
17. 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.  
 
 
18. If Phase I data testing is required, and if, upon review of the results from 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. 
 
 
19. 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. 
 
 
20. 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. 
 
 
21. 
IN-PERSON FULL-TIME SECURITY, DEDICATED TO THIS STORE, SHALL 
BE PROVIDED 8 HOURS PER DAY ON SITE. 
 
 
 
STAFF COMMENTS REGARDING VPC RECOMMENDATION: 
 
Staff does not recommend the addition of Stipulation No. 21. The provision of on-site 
security is related to the operation of the site post-construction for a specific user, and is 
not appropriate as a stipulation for zoning entitlement.