Attachment C - Staff Report - PHO-1-23--Z-27-15-4.pdf

Staff Report: PHO-1-23--Z-27-15-4 
APPLICATION #:  
PHO-1-23--Z-27-15-4 
LOCATION: 
Northeast corner of Central Avenue and Pierson Street 
EXISTING ZONING: 
PUD 
ACREAGE: 
2.10 
REQUEST: 
1) Modification of Stipulation 2 regarding a $25,000 deposit
into a Street Transportation Department escrow account
2) Deletion of Stipulation 4 regarding a temporary path along
1st Street
3) Modification of Stipulation 5 regarding conditional
approval upon development commencing within seven years
APPLICANT: 
Central Avenue Owner, LLC 
OWNER: 
Central Avenue Owner, LLC 
REPRESENTATIVE: 
Ed Bull, Burch & Cracchiolo, PA 
STAFF RECOMMENDATION 
Approval with modifications and an additional stipulation, as recommended by the 
Planning Hearing Officer. 
PLANNING HEARING OFFICER RECOMMENDATION 
The Planning Hearing Officer heard the request on August 16, 2023 and recommended 
approval with modifications and an additional stipulation.  
VILLAGE PLANNING COMMITTEE RECOMMENDATION 
The Alhambra Village Planning Committee (VPC) reviewed the request on April 25, 
2023. The VPC recommended approval with a modification and an additional stipulation 
by a vote of 11-0. 
ATTACHMENT C

Staff Report –PHO-1-23—Z-27-15-4 
October 5, 2023 Planning Commission 
Page 2 of 6 
 
BACKGROUND/ANALYSIS 
 
The subject site consists of 2.10 gross acres located at the northeast corner of Central 
Avenue and Pierson Street and is zoned PUD (Planned Unit Development) for the 
Omninet - East PUD. The applicant requested a modification of Stipulation 2 regarding 
a $25,000 deposit into a Street Transportation Department escrow account. The 
modification would require the owner to pay an additional $6,000 to the Street 
Transportation Department escrow, totaling $31,000, within 6 months of City Council 
approval. The applicant’s narrative (Exhibit B) notes that the modification accounts for 
inflation over the past seven years and the proposed deposit deadline will allow for 
appropriate traffic calming measures to be implemented into the final design. 
 
The applicant requested a deletion of Stipulation 4 requiring construction of a temporary 
path along 1st Street. The applicant’s narrative (Exhibit B) notes that the temporary path 
was not installed by previous owners and would no longer make sense to install since 
any development would have to excavate the site to accommodate the proposed below-
grade parking structure. 
 
The applicant requested a deletion of Stipulation 5 regarding conditional approval upon 
development commencing within seven years. The modification would allow an 
extension of 3 years to commence development. The applicant’s narrative (Exhibit B) 
notes that the COVID-19 pandemic has created construction challenges, such as labor 
supply and material costs, and the fluctuation of the economy has prevented the 
completion of the development. The narrative also notes that the development meets 
the development standards required by the WU Code Transect and envisioned for the 
site by the Uptown TOD Policy Plan. 
 
The appellant argues that the project does not contribute adequate walkable, urban, 
commercial, retail, and/or mixed-use space and does not contribute to “walkable urban 
lifestyle Infrastructure” in the surrounding area.  They argue that this is required to 
create a successful TOD project along a light rail corridor. 
 
PREVIOUS HISTORY 
 
On February 17, 2016, the Phoenix City Council approved Rezoning Case No. Z-27-15-
4, a request to rezone approximately 2.10 gross acres located at the northeast corner of 
Central Avenue and Pierson Street from R-3 TOD-1 (Multifamily Residence District, 
Interim Transit-Oriented Zoning Overlay District One) and C-2 TOD-1 (Intermediate 
Commercial, Interim Transit-Oriented Zoning Overlay District One) to PUD (Planned 
Unit Development), subject to stipulations (Exhibit F). This approval established the 
Omninet – East PUD. 
 
The Omninet – East PUD, was intended to enable the redevelopment of the site with a 
mixed-use development consisting of multifamily residential and commercial uses. 
Maximum building setbacks for the site are 12 feet from Central Avenue and 10 feet

Staff Report –PHO-1-23—Z-27-15-4 
October 5, 2023 Planning Commission 
Page 3 of 6 
 
from Mariposa, Pierson, and 1st Streets. The minimum interior building setbacks are 
zero feet. The maximum number of dwelling units is 181. The maximum building height 
is 56 feet. Design guidelines include requirements for pedestrian connectivity along 
Central Avenue, Mariposa, Pierson, and 1st Street, including a pedestrian patio and 
plaza area approximately southwest of the site. Mixed-use buildings are required to 
provide a community pool and other gathering areas on the second level. Building 
accents, materials, and details are required to be consistent with elements of the 
Walkable Urban Code and compatible with the adjacent St. Francis Neighborhood. 
Streetscape landscaping is required to conform with existing plans and guidelines for 
Central Avenue including the Central Avenue Beautification Plan and the Central 
Avenue Development Standards. The complete PUD Development Narrative is 
available online at https://www.phoenix.gov/pdd/planning-zoning/pzservices/pud-cases.  
 
NEIGHBORHOOD CONCERNS 
 
Public Correspondence 
Two letters of opposition were received regarding this request. Concerns expressed in 
the correspondence include the following: 
 
• The timing of the funds being given to the Street Transportation Department. 
• The original request language was not agreed on by the Alhambra VPC. 
• The lack of commercial/retail mixed-use space for the development. 
 
GENERAL PLAN LAND USE MAP DESIGNATION 
 
Commercial 
 
CHARACTER OF SURROUNDING LAND USE 
 
 
   
Zoning 
 
Land Use    
  
On-site: 
 
PUD 
 
Vacant 
 
North: 
(Across Mariposa Street) 
C-2 HR TOD-1 
 
Multifamily Residential   
 
 
 
 
(under construction) 
 
Northwest:  
(Adjacent) 
 
C-2 TOD-1 
 
Bank 
 
 
South: 
(Across Pierson Street) 
R-3, C-2 TOD-1 
 
Retail, Office

Staff Report –PHO-1-23—Z-27-15-4 
October 5, 2023 Planning Commission 
Page 4 of 6 
 
 
East: 
(Across 1st Street) 
R1-6, R-3 
 
Single-Family Residential,  
 
 
 
 
Multifamily Residential 
 
West: 
 
PUD 
 
Vacant, Light rail transit  
(Across Central Avenue) 
 
 
line 
 
PLANNING HEARING OFFICER FINDINGS 
 
The Planning Hearing Officer’s recommendation was based on the following findings: 
 
1) The request to modify Stipulation 2 regarding the amount of money deposited 
into a Street Transportation Department escrow account is recommended to be 
approved. 
 
The developer is offering to increase the amount of the deposit to $31,000 to 
account for inflation and the time that has passed since the original stipulation 
was created.  It should be noted that the Street Transportation Department 
received a $25,000 deposit for traffic calming required by Stipulation 2 on April 7, 
2017. The City of Phoenix has not received the $25,000 required by Stipulation 
3. 
 
2) The request to delete Stipulation 4 regarding the construction of a temporary 6 
foot wide path along the frontage adjacent to 1st Street until the project is under 
construction is recommended to be approved. The Alhambra Village Planning 
Committee and City Departments that reviewed this proposal did not object to the 
removal of this Stipulation. The applicant has made it clear that the project will 
commence upon approval so a temporary path will be disturbed by excavation. 
 
3) The request to extend the commencement date to 10 years instead of 7 years of 
the City Council approval is recommended to be approved.  The site wasn’t 
purchased until 2019, and there were several delaying factors, including the 
COVID pandemic, that contributed to the delay of this project.  In addition, the 
developer has made it clear that the Omninet North project was the primary 
focus, and without the development of that portion, the current proposal could not 
move forward.  This stipulation modification is simply intended to provide more 
time for the construction to commence. 
 
4) In response to Mr. Waters and other comments and correspondence, an 
additional stipulation was proposed by the Applicant.  The additional stipulation is 
recommended to be approved.  The stipulation addresses the ground floor of the 
building, directly incorporating a minimum area to be developed with 4700sq/ft of 
non-residential uses.  This will add more diversity to the project and more mixed-
use feel that is appropriate for the area.

Staff Report –PHO-1-23—Z-27-15-4 
October 5, 2023 Planning Commission 
Page 5 of 6 
 
 
5) The applicant did not submit a Proposition 207 waiver of claims prior to the 
Planning Hearing Officer hearing. Submittal of this form is an application 
requirement.  An additional stipulation is recommended to require the applicant to 
record this form and deliver it to the City to be included in the rezoning 
application file for record. 
 
PLANNING HEARING OFFICER RECOMMENDED STIPULATIONS 
 
1. 
An updated Development Narrative for the Omninet – East 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 
October 14, 2015. 
 
 
2. 
The property owner shall provide a deposit in the amount of $3125,000 
into a Street Transportation Department escrow account at the City of 
Phoenix to be utilized for traffic calming measures along 1st Street in 
the St. Francis neighborhood within six (6) months of City Council 
approval. These funds shall be utilized to improve existing traffic 
mitigation infrastructure along 1st Street, as approved by the Street 
Transportation Department. Any remaining funds will be deposited in 
the separate account established to comply with stipulation number 3. 
 
 
3. 
The property owner will deposit an additional $25,000 (for a total of 
$50,000) into a Street Transportation Department escrow account at the 
City of Phoenix to be utilized for traffic calming or management tools for 
the area bounded by Central Avenue, Camelback Road, 7th Street, and 
Pierson Street at the time of construction. These funds may be 
contributed toward the purchase and installation of such devices as 
roundabouts, speed humps/cushions, or raised crosswalks (speed 
tables), limiting turning, traffic diverters or other such traffic calming or 
management tools. Distribution of funds shall be at the mutual 
agreement of the five member Neighborhood Traffic Team, the 
residents on affected streets and the City of Phoenix Streets 
Department Safety and Neighborhood Traffic Section. Owner may apply 
for reimbursement of escrow funds from the Street Transportation 
Department if no formal petition has been submitted within 5 years from 
the issuance of a Certificate of Occupancy. 
 
 
4. 
The property owner shall construct a temporary 6-foot wide path 
constructed of 3/4 inch decomposed granite 2-inches thick along their 
frontage adjacent to 1st Street until the project is under construction, as

Staff Report –PHO-1-23—Z-27-15-4 
October 5, 2023 Planning Commission 
Page 6 of 6 
 
approved by the Planning and Development Department. 
 
 
5. 
4. 
The approval shall be conditioned upon development commencing 
within 10 seven (7) years of the City Council approval of this change of 
zoning in accordance with Section 506.b.1 of the Phoenix Zoning 
Ordinance (for purposes of this stipulation, development shall 
commence with the issuance of building permits and erection of building 
walls on site). 
 
 
5. 
THE GROUND FLOOR AREA OF THE DEVELOPMENT SHALL 
INCLUDE A MINIMUM 4,700 SQUARE FEET OF NON-RESIDENTIAL 
USES.  NON-RESIDENTIAL USES SHALL NOT INCLUDE LOBBY, 
EXERCISE, RECEPTION AREAS, OR OTHER SIMILAR USES 
INTENDED FOR EXCLUSIVE USE BY RESIDENTS.  ALL NON-
RESIDENTIAL USES SHALL FRONT PERIMETER RIGHTS-OF-WAY. 
 
 
6. 
PRIOR TO PRELIMINARY SITE PLAN APPROVAL, THE 
LANDOWNER SHALL EXECUTE A PROPOSITION 207 WAIVER OF 
CLAIMS IN A FORM APPROVED BY THE CITY ATTORNEY'S 
OFFICE.  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. 
 
Exhibits: 
A- Appeal Document (2 pages) 
B- Applicant’s Narrative date stamped February 16, 2023 (3 pages) 
C- Applicant’s Revised Narrative date stamped August 9, 2023 (1 page) 
D- Aerial Map (1 page) 
E- Zoning Map (1 Page) 
F- Recorded Ordinance from Rezoning Case No. Z-27-15 (5 pages) 
G- Sketch Map from Rezoning Case No. Z-27-15 (1 page) 
H- PHO Summary for PHO-1-23—Z-27-15-4 from August 16, 2023 (6 pages) 
I- Correspondence regarding PHO-1-23—Z-27-15-4 (6 pages)

EXHIBIT C