Attachment D - PC Summary - Z-14-23-4.pdf

REPORT OF PLANNING COMMISSION ACTION 
October 5, 2023 
ITEM NO: 14 
DISTRICT NO.: 4
SUBJECT:
Application #: 
Z-14-23-4
Location: 
Southwest corner of 15th Avenue and McDowell Road 
From: 
R-5 SNSPD and C-1 SNSPD
To:
C-1 SNSPD
Acreage:
1.58
Proposal: 
Retail convenience store with fuel sales. 
Applicant: 
Circle K Stores, Inc. 
Owner: 
Circle K Stores, Inc. 
Representative: 
Land Development Consultants, LLC 
ACTIONS: 
Staff Recommendation: Approval, subject to stipulations. 
Village Planning Committee (VPC) Recommendation: 
Central City 9/11/2023 Approval, per the staff recommendation with an additional stipulation. 
Vote: 13-1-1.  
Planning Commission Recommendation: Approval, per the staff recommendation with an 
additional stipulation. 
Motion Discussion: N/A 
Motion Details: Commissioner Boyd made a MOTION to approve Z-14-23-4, per the staff 
recommendation (with the deletion of stipulation 21, added by Central City Village Planning 
Committee) and an additional stipulation to place trash cans on the east side of the building. 
 
Maker: Boyd 
 
Second: Perez 
 
Vote: 7-0 
Absent: Gaynor and Mangum  
 
Opposition Present: Yes 
Findings: 
1.
The proposal is consistent with the General Plan Land Use Map designation of
Commercial.
2.
The proposal, as stipulated, will promote a strong pedestrian environment along 15th
Avenue and McDowell Road with shaded and detached sidewalks that will convey
residents safely and comfortably toward bus access and other amenities in the area.
3.
The proposal will promote a mix of uses in the neighborhood which will provide goods
and services to the local residents.
ATTACHMENT D

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.  
 
 
 
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. 
 
 
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. 
 
 
21. 
TRASH CANS SHALL BE PROVIDED ON THE EAST SIDE OF THE BUILDING. 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
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