Attachment F - Opposition - Z-14-23-4.pdf

Oct. 3, 2023 
Racelle Escolar, AICP 
Principal Planner 
City of Phoenix 
Planning and Development Department 
Planning Division 
Dear Racelle: 
Thank you for speaking with me last week about the Planning and Development Department’s Staff 
Report Z-14-23-4 (“Staff Report”) regarding Circle K’s zoning applicaUon for their property located at 
1501 W. McDowell Rd. in Phoenix.  I appreciated you forwarding the Village Planning CommiZee 
MeeUng  Summary  from  Sept.  11th,  since  a  schedule  conflict  prevented  me  from  aZending  that 
session. 
As menUoned to you, my wife Terri and I reside at 1502 W. Lynwood St, Phoenix, AZ 85007.  We have 
lived here full Ume since buying the property in March 2020.  Our home is on the NW corner of W. 
Lynwood St. and N. 15th Ave and the residence closest to this Circle K store.  A pool and casita are 
located behind the house on the north side of our lot, with the north wall of the casita facing the 
alley we share with Circle K. 
The purpose of this leZer is to provide our perspecUve on the zoning applicaUon and to request that 
certain sUpulaUons listed in the  prior to Planning Commission acUon. 
Neighborhood 
We enjoy living in F.Q. Story, have excellent neighbors and an acUve associaUon.  Each morning, we 
walk about 1.5 miles through the neighborhood.  Aderwards I check on our alley, the bus stop and 
the east side of Circle K that faces N. 15th Ave.  In late adernoon ader finishing work, we swim and 
exercise in our pool year-round.  During the morning and adernoon, if there’s excessive noise from 
transients, loitering or encampments (either in the alley, at the bus stop, along the Circle K east wall 
or across the street at 1515 N. 15th Ave.), I’ll call the police non-emergency number and request 
officers to stop by.  The police have been very responsive and the transients usually move on.  If and 
when they return later in the evening before bed or early the next morning around 5 a.m. (the start 
of my workday in the casita), I will call the non-emergency number and report the incidents.  In 
certain  instances  when  encampments  occur,  we  will  also  connect  with  PHX  C.A.R.E.S.  for  their 
assistance. 
Having lived in downtown Philadelphia and New York City before moving to Phoenix, we are keenly 
aware of pros and cons of urban life and the need to be diligent and responsible neighbors.  We want 
F.Q. Story to remain vibrant and safe.    
Challenges 
The key challenges we address while living here are: 
1. Transient encampments or gatherings in the shared alley with Circle K, along the east wall of 
Circle K, at the bus stop (SE corner of Circle K’s property), the west wall of LoanMax (directly
ATTACHMENT F

City of Phoenix Planning and Development Department Staff Report Z-14-23-4 (9/1/23) 
Requested Revisions: Archie & Terri Simons – 1502 W. Lynwood St., Phoenix, AZ 85007 (10/3/23) 
 
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across the street from Circle K on the SE corner of McDowell and N. 15th Ave.) or in the front 
of the building south of LoanMax located at 1515 N. 15th Ave.  Almost every day, transients 
gather at the east Circle K wall and the bus stop.  Circle K does have no trespassing signs posted 
on their east wall and the south wall facing the alley, however these signs are old, worn out 
and need to be replaced.  To our knowledge, Circle K has not filed an authority to arrest with 
the city and neither Circle K management nor their security personnel move transients from 
the east wall of their property or from the alley.   We also believe Circle K’s calls to the police 
to clear out transients are not made very oden.  In addiUon, there are two metal chairs at the 
bus stop but one of them has been moved by transients slightly to the north of the bus stop; 
this chair is normally occupied by transients during the day and someUmes at night.  As a result, 
the bus stop is not a welcome place for anyone waiUng to take the bus.  Those people, instead 
of sikng in the one remaining chair, someUmes hang out in the alley or outside our garage gate 
that faces 15th Ave. unUl the bus arrives.      
2. Transient behavior including loud noise, drug dealing, drug use, defecaUng and urinaUng in the 
shared alley with Circle K, behind the rear fence located on the south side of Circle K and along 
the Circle K east wall.  The Circle K rear fence has been ripped apart for over two years and 
never repaired.  Transients use that area either for a bathroom and/or drug use.  The liZer and 
feces in the fenced-in area is not removed by Circle K.     
3. Trash removal on the front lawn and east sidewalk of our property facing N. 15th Ave and on 
the east wall of Circle K.  Most of the trash, except discarded clothing, is from Circle K purchases 
- food, food wrappers, cups, cans, plasUc containers, broken glass boZles and cigareZe buZs 
(“Circle K Trash”).  Part of reason for too much Circle K Trash is the absence of any Circle K trash 
containers in or near the east wall of the property, along with only one city trash container by 
the bus stop.  The city trash container gets filled up easily as Circle K patrons leave with 
food/drink purchased, some of which is then discarded near the Circle K east wall, around the 
bus stop, in the alley or along the 15th Ave. sidewalk adjacent to our home.     
4. Our removal of Circle K Trash, along with excrement, drug paraphernalia (needles, spoons, 
burnt aluminum foil, etc.), discarded clothing, cardboard boxes and shopping carts (“Transient 
Trash”) from the alley.  We believe that Circle K makes no effort to keep the alley clean and safe. 
I know because I’m out there every day.  They someUmes pick up stuff along the Circle K east 
wall but it’s not a daily occurrence. 
5. Circle K markeUng flags (currently red and yellow ads for $.25 gas discounts) that have recently 
been placed on the NE corner of the store.  We see these flags all the Ume from our property. 
They are a nuisance, detract from the character of the neighborhood and should not be placed 
where we can see them.   
6. Periodic robberies at Circle K which wake us up since they typically occur at night and negaUvely 
impact the safety of the neighborhood. 
RecommendaWons 
We want Circle K management to get beZer focused about meshing their business operaUons into 
the fabric of our community, today in the current store and then with the new building ader it is 
completed.  This viewpoint is consistent with the first Design Principle cited under General Plan 
Conformity in the Staff Report:

City of Phoenix Planning and Development Department Staff Report Z-14-23-4 (9/1/23) 
Requested Revisions: Archie & Terri Simons – 1502 W. Lynwood St., Phoenix, AZ 85007 (10/3/23) 
 
3 
“CELEBRATE OUR DIVERSE COMMUNITIES AND NEIGHBORHOODS CORE VALUE; CERTAINTY & 
CHARACTER: Create new development or redevelopment that is sensiWve to the scale and 
character of the surrounding neighborhoods and incorporates adequate development standards 
to prevent negaWve impact(s) on residenWal properWes.”  
In order to prevent negaUve impacts from this zoning proposal on the residenUal properUes in F.Q. 
Story, below are specific changes that should be made to certain of the sUpulaUons set forth in 
Report Z-14-23-4, including SUpulaUon No. 21 added by the Village Planning CommiZee.  
§ SUpulaUon No. 6: “Video surveillance shall be maintained 24 HOURS A DAY ON ALL FOUR 
SIDES OF THE BUILDING to monitor acUviUes in and around the store to discourage alcohol 
violaUons, TRESPASSING, DRUG USE and OTHER unlawful acUviUes.  THE DEVELOPER SHALL 
MONITOR THE OCCURRENCE OF SUCH UNLAWFUL ACTIVITIES AND REPORT THESE 
ACTIVITIES TO THE PHOENIX POLICE DEPARTMENT ON A TIMELY BASIS.” 
§ SUpulaUon No. 7: “An authority to arrest agreement shall be completed and maintained by 
the property owner, FOR THE EXISTING PROPERTY ON OR BEFORE DEC. 31, 2023 AND, IF 
NEEDED BY THE PHOENIX POLICE DEPARTMENT, FOR THE NEW STORE PRIOR TO 
OCCUPANCY.  The agreements shall be signed and delivered to the Phoenix Police 
Department.” 
§ SUpulaUon No. 21 (added by the Village Planning CommiZee): “IN-PERSON FULL-TIME 
SECURITY, DEDICATED TO THIS STORE, SHALL BE PROVIDED 24 HOURS A DAY ON SITE.” 
§ NEW STIPULATION NO. 22: “IN ACCORDANCE WITH THE CITY OF PHOENIX CITY CODE 
CHAPTER 31, STREETS AND SIDEWALKS, SECTION 31-10, THE LANDOWNER IN CONTROL OF 
ANY LAND ABUTTING A SIDEWALK, ALLEY OR STREET SHALL MAINTAIN SUCH SIDEWALK, 
ALLEY OR STREET ON WHICH SUCH LAND ABUTS IN A CLEAN CONDITION IN SUCH MANNER 
AS TO BE FREE FROM: (1) LITTER, GARBAGE, DEBRIS, RUBBLE; (2) INSECT AND RODENT 
INFESTATION; (3) OVERGROWN VEGETATION, DEAD TREES, BRUSH AND WEEDS; AND (4) 
OTHER CONDITIONS THAT PRESENT A HEALTH, FIRE OR SAFETY HAZARD.  THE DEVELOPER 
SHALL ACT IN A TIMELY MANNER TO COMPLY WITH THESE REQUIREMENTS OF SECTION 31-
10.” 
§ NEW STIPULATION NO. 23: “THE DEVELOPER SHALL HAVE TWO LARGE TRASH CONTAINERS 
FOR CUSTOMERS LOCATED ON THE EAST SIDE OF THE BUILDING, ONE AT THE NE CORNER 
OF THE STORE AND THE OTHER NEAR THE SIDEWALK TO THE RIGHT OF THE BUS STOP.  
THESE TRASH CONTAINERS SHALL BE EMPTIED WHEN FULL ON A TIMELY BASIS.” 
§ NEW STIPULATION NO. 24: “THE DEVELOPER SHALL NOT PLACE MARKETING FLAGS IN 
FRONT OR ON THE SIDES OF THE STORE THAT ARE VISIBLE TO NEIGHBORING HOMES 
LOCATED SOUTH OF THE PROPERTY.” 
We appreciate the opportunity to comment on this Circle K zoning proposal and trust that the 
Planning Commission will adopt our recommendaUons. 
 
Sincerely Yours, 
Archie & Terri Simons