Attachment D - PC Summary - PHO-1-23--Z-27-15-4.pdf

REPORT OF PLANNING COMMISSION ACTION 
October 5, 2023 
ITEM NO: 16 
DISTRICT NO.: 4
SUBJECT:
Application #: 
PHO-1-23--Z-27-15-4 (Omninet East PUD) 
Location: 
Northeast corner of Central Avenue and Pierson Street 
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.
Acreage:  
2.10 
Applicant: 
Central Avenue Owner, LLC 
Owner: 
Central Avenue Owner, LLC 
Representative: 
Ed Bull, Burch and Cracchiolo, PA 
ACTIONS: 
Village Planning Committee (VPC) Recommendation: 
Alhambra 4/25/2023 Approval, with a modification and an additional stipulation. Vote: 11-0.  
Planning Hearing Officer Recommendation: The Planning Hearing Officer heard the request on 
August 16, 2023 and recommended approval with modifications and an additional stipulation.  
Staff Recommendation: Approval, per the Planning Hearing Officer recommendation. 
Planning Commission Recommendation: Approval, per the Planning Hearing Officer 
recommendation. 
Motion Discussion: N/A 
Motion Details: Commissioner Boyd made a MOTION to approve PHO-1-23--Z-27-15-4, per the 
Planning Hearing Officer recommendation. 
 
Maker: Boyd 
 
Second: Perez 
 
Vote: 6-0 
Absent: Gaynor, Howard, and Mangum 
 
Opposition Present: Yes 
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
ATTACHMENT D

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 4,700 square feet of non-
residential uses. This will add more diversity to the project and more mixed-use feel 
that is appropriate for the area. 
 
 
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. 
 
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 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. 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
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