Attachment D - Application - PHO-1-21--Z-43-08-7.pdf
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PLEASE RESPOND ELECTRONICALLY TO BRAD WYLAM 2ND FLOOR, 602-256-3322
To:
Departments Concerned
Date: July 19, 2021
From:
Alan Stephenson
Planning & Development Department Director
Subject: P.H.O. APPLICATION NO. PHO-1-21--Z-43-08-7 – Notice of Pending Actions
by the Planning Hearing Officer
1.
Your attention is called to the fact that the Planning Hearing Officer will
consider the following case at a public hearing on August 18, 2021.
2.
Information about this case is available for review at the Zoning Counter in
the Planning and Development Department on the 2nd Floor of Phoenix City
Hall, telephone 602-262-7131, Option 6.
3.
Staff, please indicate your comments and respond electronically to
pdd.pho@phoenix.gov or you may provide hard copies at the Zoning Counter
in the Planning and Development Department on the second floor of Phoenix
City Hall by July 26, 2021.
DISTRIBUTION
Mayor’s Office (Lisa Fernandez), 11th Floor
City Council (Matthew Heil), 11th Floor
Aviation (Sheldon Daisley)
CED (Michelle Pierson), 20th Floor
Fire Prevention (Aaron Conway), 2nd Floor
Light Rail (Joel Carrasco/Special TOD Only)
Neighborhood Services (Gregory Gonzales, Lisa Huggins), 4th Floor
Parks & Recreation (Natasha Hughes), 16th Floor
Public Transit (Kathryn Boris)
Public Works (Ray Dovalina, Kristina Jensen, Elise Moore, Rudy Rangel), 5th Floor
Street Transportation Department (Maja Brkovic, Alan Hilty, Chris Kowalsky), 5th Floor
Street Transportation - Ped. Safety Coordinator (Mailen Pankiewicz), 5th Floor
Water Services (Don Reynolds, Victor Romo), 8th Floor
Planning and Development (Alan Stephenson, Joshua Bednarek), 3rd Floor
Planning and Development/Information Services (Ben Ernyei, Andrew Wickhorst), 4th
Floor
Planning and Development/Historic Preservation Office (Kevin Weight), 3rd Floor
Planning Hearing Officer (Tricia Gomes, Adam Stranieri, Brad Wylam), 2nd Floor
Village Planner (Sarah Stockham, Maryvale Village)
Village Planning Committee Chair (Gene Derie, Maryvale Village)
Attachment D
200 W Washington Street, 2nd Floor * Phoenix, Arizona 85003 * Tel: (602) 262-7131 * Fax: (602) 495-3793
APPLICATION FOR PLANNING HEARING OFFICER ACTION
APPLICATION NO: PHO-1-21--Z-43-08
Council District: 7
Request For:
Stipulation Modification
Reason for Request: Modification of Stipulation 1 regarding general conformance to the site plan date stamped April 18, 2008.
Modification of Stipulation 2 regarding general conformance to the elevations date stamped April 18, 2008.
Owner
Applicant
Representative
79th Avenue & Encanto, LLC
Adam Baugh, Withey Morris PLC
Adam Baugh, Withey Morris PLC
100 Crescent Circle Suite 218
2525 E Arizona Biltmore Cir, Ste A-212
2525 E Arizona Biltmore Cir, Ste A-212
Beverly Hills CA 90210
Phoenix AZ 85016
Phoenix AZ 85016
(480) 473-4696
(602) 230-0600
P: (602) 230-0600 F: (480) 429-3100
jlutich@columbiacommunities.com
adam@witheymorris.com
adam@witheymorris.com
Property Location: Northwest corner of 79th Avenue and Encanto Boulevard
Zoning Map: G-3
Quarter Section: 14-9
APN: 102-38-003C
Acreage: 15.32
Village: Maryvale
Last Hearing: CC RATIFICATION
Previous Opposition: No
Date of Original City Council Action: 09/03/2008 0300 PM
Previous PHO Actions:
Zoning Vested: C-2 HGT/WVR DNS/WVR
Supplemental Map No.:
Planning Staff: 066840
An applicant may receive a clarification from the city of its interpretation or application of a statute, ordinance, code or authorized
substantive policy statement. To request clarification or to obtain further information on the application process and applicable
review time frames, please call 602-262-7131 (option 6), email zoning.mailbox@phoenix.gov or visit our website at
http://phoenix.gov/pdd/licensetimes.html.
A Filing Fee had been paid to the City Treasurer to cover the cost of processing this application. The fee will be retained to cover
the cost whether or not the request is granted
Fee
Fee Waived
Fee Date
Receipt
Purpose
$1,080.00
$0.00
06/18/2021
21-0056613
Original Filing Fee
Signature of Applicant: _____________________________________________________ DATE: ___________________
Hearing Results
Planning Hearing Officer
Planning Commission
City Council
Date: 08/18/2021 1000 AM
Date:
Date:
Appealed?:
Appealed?:
Action:
Action:
Action:
Via Hand Delivery
Adam Stranieri
City of Phoenix
200 West Washington Street, 2nd Floor
Phoenix, Arizona 85003
June 18, 2021
Re: Northwest corner of 79th Avenue and Encanto Boulevard, Phoenix, AZ/ Z-42-08
Dear Adam:
The subject parcel for this Planning Hearing Officer application is approximately 15.28 gross acres
located at the northwest corner of 79th Avenue and Encanto Boulevard, Phoenix, AZ as shown on the
Aerial Map attached at Tab 1 (the "Property"). The Property is currently zoned C-2 HGT /WVR DNS/WVR
(approved), as shown on the Zoning Map attached at Tab 2. The site has never been developed and
remains vacant.
Prior History
In 2008, the Property was rezoned from C-2 to C-2 HGT /WVR DNS/WVR, per zoning case 2-43-
08-7, which proposed a multifamily residential development. See the ordinance for this rezoning case at
Tab 3. The rezone approval is subject to three (3) stipulations. The 2008 site plan was consistent with
the R-3A standards, and this newly modified plan will also follow the R-3A development standards.
However, the stipulations associated with the 2008 approval are very specific to the type of multifamily
residential development proposed at that time. For this reason, we propose some modifications to the
stipulations at this location.
Proposal
Fourplex Investment Group proposes to construct a new multifamily development consisting of
two product types: town homes and apartments. These uses are a permitted use under the current
zoning. This development will include 158 townhomes (all 3- bedroom) and 144 apartment units (all 2-
bedroom). The development will also include ample shared amenities such as a children's play
structure, ramadas, a pool and deck, cabanas, and leasing office with restrooms, and open landscaped
areas around the Property. See site plan and landscape plan at Tab 4.
The elevations for the townhomes and apartments include modern architecture with clean
lines, and materials such as hardee board siding and stucco in cool greys and blue colors. In addition,
each unit will include a patio or balcony for residents to enjoy. See elevations at Tab 5.
General Plan
This type of use is supported by the goals and policies outlined in the Phoenix General Plan,
including the following:
•
DIVERSE NEIGHBORHOODS. Land Use Goal: Include a mix of housing types and densities where
appropriate within each village that support a broad range of lifestyles.
o
The proposal provides attainable housing for folks who live and work in the Maryvale
Village. While there are many residential subdivisions, there are few townhome and
apartment developments, and even less which provide rental opportunities like this. This
fills an underserved land use category in Maryvale.
•
OPPORTUNITY SITES. Land Use Goal: Promote and encourage compatible development and
redevelopment with a mix of housing types in neighborhoods close to employment centers,
commercial areas, and where transit or transportation alternatives exist.
o
This Proposal provides a compatible house development that is located adjacent to a
large commercial mall area (Desert Sky Mall). This location helps to provide a mix of
housing and residential living close to commercial areas.
Maryvale Village Core Plan
The Property is within the Maryvale Village Core and the development meets many of the goals
of this plan, including providing diverse housing options for residents and developing long vacant land.
Town homes are one housing options that is often missing in the market today. It captures a wide range
of residents, who want various rental options, but do not want to deal with the maintenance of owning
a home. This development captures this missing middle part of the market that is encouraged in the
Maryvale Village Core. In addition, the Property has never been developed. The proposed multifamily
development will reinvigorate an intersection that is at the heart of the Maryvale Village Core.
Housing Phoenix Plan
The proposal is also consistent with the Housing Phoenix Plan adopted in 2020. The plan
identifies that the City of Phoenix has a significant housing shortage and establishes the goal of creating
or preserving 50,000 homes by 2030. This residential proposal provides a step in the right direction to
provide new housing in the City of Phoenix.
2
Stipulation Modification
To allow the proposed development of the Property, we propose the following
deletions/modification to the original rezoning stipulations:
1. That the development shall be in general conformance to the site plan date stamped A13ril 18
rn X, 2021 i1,ith s13ecific regara to the total nufflber of units ana the location of the two ana
three story units ana \\1ith a ffliniffluffl 1500 square f.oot swifflffling 13001 ana the aaaition of a
fflinifflUffl 400 square f.oot chilaren's "s13lash area" with water jet features or a fflinifflurn 1900
square f.oot swifflffling 19001, as approved or modified by the PLANNING AND DEVELOPMENT
DEPARTMENT Develo19fflent Seri,ices De13artfflent.
Rationale: The site plan proposed with the 2008 rezoning was intended for a product type that is
different than what is proposed in this application. The previous product was apartments, and
the product today is for townhomes and apartments, which require a different layout than what
was proposed previously. In addition, the stipulations approved in the 2008 rezoning case are
very specific to that apartment housing product and therefore we are requesting a new site plan
more appropriate for the townhome and apartment product.
1. That the development shall be in general conformance to the elevations date stamped A19ril 18
rn X, 2021 as approved or modified by the PLANNING AND DEVELOPMENT DEPARTMENT
De1,elo13fflent Sen,ices De13artfflent.
Rationale: The elevations proposed with the 2008 rezoning was intended for only an apartment
product. The proposed town homes and apartments with this application are designed for today's
market and are more appropriate for the proposed development.
2. That in the event archaeological materials are encountered during construction the developer
shall immediately cease all ground disturbing activities within a 33-foot radius of that discovery
notify the City Archaeologist and allow time for the Archaeology Office to property assesses the
materials. NO CHANGE.
Conclusion
Approval of the requested stipulation modifications will allow the applicant to construct a high
quality multifamily development on a site that has never been developed. The development is consistent
with the goals in the Maryvale Village Core Plan and provides a variety of housing options for the
Maryvale Village. The result is a residential development that will complement its surroundings and have
a positive impact on the community.
Please feel free to contact me if you have any questions, or if you need any additional
information. Thank you.
3
Sincerely yours,
WITHEY MORRIS, P.L.C.
By O v1, 1c;e,' p O f-
G. Adam Baugh
4
Parcel Map
Aerial Map
Zoning Map
Zoning Map
September 19 2008
Beus Gilbert PLLC
City of Phoenix
PLANNING DEPARTMENT
4800 North Scottsdale Road #6000
Scottsdale AZ 85251
Dear Applicant
•
RE Z-43-08 7 - Northwest corner of 79th Avenue and Encanto Blvd
Please be advised that the Phoenix City Council in accordance with the provIsIons of
Section 506 of the Zoning Ordinance as amended has on September 3 2008
approved Zoning Ordinance# G-5233
Development and use of the site Is subJect to compliance with all applicable codes and
ordinances
Sincerely
Alan Stephenson
Pnnc1pal Planner
cc
File
Owner
Representative
Sent electronically Annie Alvarado/NSD David Barner/DSD Frank Danc1I/DSD Jay
Nev11fe/PLN Kelly P Walker/PLN L1l1a OIJvarez/PLN Mark Melnychenko/PTD Michael
Cook/PFD Steve Re1d/PLN Shawn P1erce/NSD Teresa H1flner/DSD Wathsna Sayasane/PLN
Attch
Signed Zoning Ordinance
200 West Washington Slree1 Phoenix Anzona 85003 602 262 7131 FAX 602 495 3793
Recycled Pape,
•
•
ORDINANCE G-5233
AN ORDINANCE AMENDING THE CODE OF THE CITY OF
PHOENIX ARIZONA PART II CHAPTER 41 THE ZONING
ORDINANCE OF THE CITY OF PHOENIX BY AMENDING
SECTION 601 THE ZONING MAP OF THE CITY OF PHOENIX
CHANGING THE ZONING DISTRICT CLASSIFICATION FOR THE
PARCEL DESCRIBED HEREIN (CASE Z-43-08-7) FROM C-2
(INTERMEDIATE COMMERCIAL) TO C-2 HGT/WVR DNS/WVR
(INTERMEDIATE COMMERCIAL HEIGHT WAIVER DENSITY
WAIVER)
WHEREAS on April 17 2008 the City of Phoenix Planning Department
received in compliance with the requirements of the City of Phoenix Zoning Ordinance
Section 506 a written request for rezoning from Beus Gilbert PLLC having
authorization to represent the owner 79th Avenue & Encanto LLC of an approximately
17 02 acre property located at the northwest corner of 79th Avenue and Encanto
Boulevard In a portion of Section 35 Township 2 North Range 1 East as described
more specifically In Attachment "A attached hereto and incorporated herein by this
reference and
WHEREAS pursuant to A R S § 9-462 04 the Planning Comm1ss1on
held a public hearing on August 13 2008 and at this hearing recommended that the
•
•
City Council approve this rezoning request with the recommended staff cond1t1ons as
modified and
WHEREAS the City Council at their regularly scheduled meeting held on
September 3 2008 has determined that In accordance with A R S § 9-462 01 F this
rezoning request with the appropriate site specific requirements provided In Section 2
Is consistent with and conforms to the General Plan will conserve and promote the
public health safety and general welfare and should be approved subject to the
cond1tIons herein
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PHOENIX as
follows
SECTION 1 The zoning of an approximately 17 02 acre property located
at the northwest corner of 79th Avenue and Encanto Boulevard In a portion of Section
35 Township 2 North Range 1 East as described more specifically in Attachment A
Is hereby changed from "C-2 (Intermediate Commercial) to C-2 HGT/WVR DNS/WVR"
(Intermediate Commercial Height Waiver Density Waiver) and that the Planning Director
Is instructed to modify The Zoning Map of the City of Phoenix to reflect this use district
class1ficat1on change as shown in Attachment B"
SECTION 2 The specific nature of the subject property and of the
rezoning request Is more particularly described In case fileZ-43-08-7 on file with the
Planning Department Due to the sites specific physical cond1t1ons and the use district
applied for by the applicant this rezoning Is subject to the following stIpulat1ons
v1olat1on of which shall be treated in the same manner as a vIolatIon of the City of
Phoenix Zoning Ordinance
-2
Ordinance G-5233
•
e
1
That the development shall be In general conformance to the site
plan date stamped Apnl 18 2008 with specific regard to the total
number of units and the location of the two and three-story units
and with a minimum 1 500 square foot swimming pool and the
add1t1on of a minimum 400 square foot children s "splash area with
water Jet features or a minimum 1 900 square foot swImmIng pool
as approved or modified by the Development Services Department
2
That the development shall be In general conformance to the
elevations date stamped April 18 2008 as approved or modified by
the Development Services Department
3
That in the event archaeological materials are encountered during
construction the developer shall 1mmed1ately cease all ground
disturbing actIvItIes w1thIn a 33- foot radius of that discovery notify
the City Archaeologist and allow time for the Archaeology Office to
properly assess the materials
SECTION 3 If any section subsection sentence clause phrase or
portion of this ordinance Is for any reason held to be invaltd or unconst1tut1onal by the
dec1s1on of any court of competent JurisdIct1on such decIs1on shall not affect the valtd1ty
of the remaining portions hereof
PASSED by the Council of the City of Phoenix this 3rd day of September
2008
J
ATTEST
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cling City Attorney J!f LW
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MLW tml 762052v1 (CM# 52) (Item #38) 9/3108
Attachments
A - Legal Descnpt1on (3 Pages)
B - Ordinance Location Map (1 Page)
-4-
Ordinance G-5233
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Sheet Title:
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LEGAL DESCRIPTION
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE
COUNlY OF MARICOPA, STATE OF ARIZONA, AND IS DESCRIBED AS
FOLLOWS:
THE SOUTH HALF OF THE SOUTHEAST QUARTER OF THE
NORTHWEST QUARTER OF SECTION 35, TOWNSHIP 2 NORTH,
RANGE 1 EAST OF THE GILA AND SALT RIVER BASE AND
MERIDIAN, MARICOPA COUNlY, ARIZONA:
EXCEPT THAT PORTION CONVEYED TO THE CllY OF PHOENIX, BY
QUIT-CLAIM DEED RECORDED IN DOCKET 15735, PAGE 906,
RECORDS OF MARICOPA COUNlY, ARIZONA; AND
EXCEPT THAT PORTION CONVEYED TO THE CllY OF PHOENIX, A
MUNICIPAL CORPORATION, BY QUIT-CLAIM DEED RECORDED IN
DOCUMENT NO. 87-023264, RECORDS OF MARICOPA COUNlY,
ARIZONA. DESCRIBED AS FOLLOWS:
THAT PART OF THE NORTHWEST QUARTER OF SECTION 35,
TOWNSHIP 2 NORTH, RANGE 1 EAST OF THE GILA AND SALT RIVER
BASE AND MERIDIAN, MARICOPA COUNlY, ARIZONA. DESCRIBED AS
FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SAID NORTHWEST
QUARTER;
LEGAL DESCRIPTION CONTINUED
A PORTION OF THE SOUTH HALF OF THE SOUTHEAST QUARTER OF
THE NORTHWEST QUARTER OF SECTION 35, TOWNSHIP 2 NORTH,
RANGE 1 EAST OF THE GILA AND SALT RIVER BASE AND
MERIDIAN, MARICOPA COUNlY, ARIZONA. BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SAID SOUTH HALF
OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER;
THENCE NORTH 00 DEGREES 03 MINUTES 31 SECONDS WEST,
ALONG THE WEST LINE OF SAID SOUTH HALF, A DISTANCE OF
63.11 FEET TO A POINT ON THE NORTHERLY LINE OF THAT
PARCEL DESCRIBED IN DOCUMENT NO. 87-023264, RECORDS OF
MARICOPA COUNlY, ARIZONA, MARKING THE TRUE POINT OF
BEGINNING;
THENCE CONTINUING NORTH 00 DEGREES 03 MINUTES 31
SECONDS WEST, ALONG SAID WEST LINE, A DISTANCE OF 596.85
FEET TO THE NORTHWEST CORNER OF SAID SOUTH HALF;
THENCE NORTH 88 DEGREES 04 MINUTES 41 SECONDS EAST,
ALONG THE NORTH LINE OF SAID SOUTH HALF, A DISTANCE OF
198.00 FEET;
THENCE SOUTH 00 DEGREES 03 MINUTES 31 SECONDS EAST, A
THENCE NORTH 88 DEGREES 04 MINUTES 52 SECONDS EAST
DISTANCE OF 624.95 FEET TO THE AFOREMENTIONED NORTHERLY
ALONG THE SOUTH LINE THEREOF, A DISTANCE OF 55.03 FEET TO LINE OF THAT PARCEL DESCRIBED IN DOCUMENT NO. 87-023264;
THE TRUE POINT OF BEGINNING;
THENCE SOUTH 88 DEGREES 04 MINUTES 52 SECONDS WEST,
THENCE NORTH 00 DEGREES 00 MINUTES 13 SECONDS WEST,
ALONG SAID NORTHERLY LINE, A DISTANCE OF 162.02 FEET TO
PARALLEL WITH THE WEST LINE OF SAID NORTHWEST QUARTER, A
THE BEGINNING OF A NON-TANGENT CURVE, THE CENTER OF
DISTANCE OF 35.02 FEET;
WHICH BEARS NORTH 33 DEGREES 36 MINUTES 04 SECONDS
THENCE NORTH 88 DEGREES 04 MINUTES 52 SECONDS EAST,
EAST, 34•5o FEET;
ɣOARALLEA PO
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THENCE NORTHWESTERLY, CONTINUING ALONG SAID NORTHERLY
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LINE AND ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL
NORTHWESTERLY, THE RADIUS POINT OF WHICH BEARS NORTH 37
ANGLE OF 56 DEGREES 20 MINUTES 33 SECONDS, FOR AN ARC
DEGREES 26 MINUTES 20 SECONDS WEST, A DISTANCE OF 34.50
DISTANCE OF 33.93 FEET TO THE BEGINNING OF A NON-TANGENT
FEET;
LINE;
THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE,
THENCE SOUTH 84 DEGREES 58 MINUTES 10 SECONDS WEST,
THROUGH A CENTRAL ANGLE OF 52 DEGREES 37 MINUTES 03
CONTINUING ALONG SAID NORTHERLY LINE, A DISTANCE OF 20.66
SECONDS, A DISTANCE OF 31.68 FEET;
FEET TO THE TRUE POINT OF BEGINNING; AND
THENCE NORTH 84 DEGREES 58 MINUTES 10 SECONDS EAST, A
EXCEPT THAT PROPERlY AS SET FORTH IN FINAL ORDER OF
DISTANCE OF 20.66 FEET TO A POINT ON THE EAST LINE OF THE
CONDEMNATION RECORDED IN DOCUMENT NO. 2009-0768333,
SOUTHWEST QUARTER OF SAID NORTHWEST QUARTER FROM WHICH
RECORDS OF MARICOPA COUNlY, ARIZONA. DESCRIBED AS
THE SOUTHEAST CORNER THEREOF BEARS SOUTH 00 DEGREES 03 FOLLOWS:
MINUTES 23 SECONDS EAST, A DISTANCE OF 63. 11 FEET;
A PORTION OF THE NORTHWEST QUARTER OF SECTION 35,
THENCE CONTINUING NORTH 84 DEGREES 58 MINUTES 10
TOWNSHIP 2 NORTH, RANGE 1 EAST OF THE GILA AND SALT RIVER
SECONDS EAST, A DISTANCE OF 20.66 FEET TO A POINT ON A
BASE AND MERIDIAN, MARICOPA COUNlY, ARIZONA. MORE
NON-TANGENT CURVE CONCAVE NORTHEASTERLY, THE RADIUS
PARTICULARLY DESCRIBED AS FOLLOWS:
POINT OF WHICH BEARS NORTH 89 DEGREES 56 MINUTES 37
SECONDS EAST, A DISTANCE OF 34.50 FEET;
COMMENCING AT THE NORTH QUARTER CORNER OF SAID SECTION
35, BEING A BRASS CAP IN HAND HOLE STAMPED CllY OF
THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE
PHOENIX, AND FROM WHICH THE CENTER QUARTER CORNER OF
THROUGH A CENTRAL ANGLE OF 56 DEGREES 20 MINUTES 33
SAID SECTION 35, BEING A BRASS CAP IN HAND HOLE STAMPED
SECONDS, A DISTANCE OF 33.93 FEET TO THE NORTH LINE OF
CllY OF PHOENIX, BEARS SOUTH 00 DEGREES 06 MINUTES 47
THE SOUTH 35.00 FEET OF SAID NORTHWEST QUARTER;
SECONDS EAST, A DISTANCE OF 2640.06 FEET (BASIS OF
THENCE NORTH 88 DEGREES 04 MINUTES 52 SECONDS EAST,
BEARING);
ALONG SAID NORTH LINE, A DISTANCE OF 1232.04 FEET;
THENCE COINCIDENT WITH THE EAST LINE OF THE NORTHWEST
THENCE NORTH 43 DEGREES 59 MINUTES 07 SECONDS EAST, A
2ɪɫɬNiɭ ɮ.sɯ
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ɰ1mAN3gE ɱuinɲɳofEfɴɵ 06 MINUTES
DISTANCE OF 21.55 FEET;
THENCE DEPARTING SAID EAST LINE, SOUTH 88 DEGREES 04
THENCE NORTH 00 DEGREES 06 MINUTES 39 SECONDS WEST, A
MINUTES 33 SECONDS WEST, A DISTANCE OF 42.20 FEET TO A
DISTANCE OF 11.76 FEET;
POINT ON THE WEST LINE OF AN EXISTING RIGHT-OF-WAY
ACCORDING TO DOCUMENT NO. 94-0200988, RECORDS OF
THENCE NORTH 85 DEGREES 54 MINUTES 13 SECONDS EAST, A
MARICOPA COUNlY, ARIZONA AND THE TRUE POINT OF BEGINNING;
DISTANCE OF 35.00 FEET TO THE EAST LINE OF SAID NORTHWEST
QUARTER;
THENCE COINCIDENT THE WEST LINE OF SAID EXISTING
RIGHT-OF-WAY, SOUTH 22 DEGREES 16 MINUTES 31 SECONDS
THENCE SOUTH 00 DEGREES 06 MINUTES 39 SECONDS EAST, A
WEST, A DISTANCE OF 8.57 FEET TO A POINT ON A LINE BEING
DISTANCE OF 63.11 FEET TO THE SOUTHEAST CORNER OF SAID
PARALLEL WITH AND 45.44 FEET WEST OF THE EAST LINE OF THE
NORTHWEST QUARTER;
NORTHWEST QUARTER OF SAID SECTION 35;
ɶ
THENCE SOUTH 88 DEGREES 04 MINUTES 52 SECONDS WEST,
THENCE COINCIDENT WITH THE WEST LINE OF SAID EXISTING
ɷ
ALONG THE SOUTH LINE OF SAID NORTHWEST QUARTER, A
RIGHT-OF-WAY AND SAID PARALLEL LINE, SOUTH 00 DEGREES 06
.,.
DISTANCE OF 2581.12 FEET TO THE TRUE POINT OF BEGINNING;
MINUTES 47 SECONDS EAST, A DISTANCE OF 25.00 FEET;
ɸ
EXCEPT THAT PART THEREOF LYING WITHIN THE PARCEL OF LAND
THENCE COINCIDENT WITH THE WEST LINE OF SAID EXISTING
'
DESCRIBED IN THE QUIT-CLAIM DEED RECORDED IN DOCKET
RIGHT-OF-WAY AND DEPARTING SAID PARALILEL LINE, SOUTH 22
S
15735, PAGE 906, RECORDS OF MARICOPA COUNlY, ARIZONA;
DEGREES 30 MINUTES 01 SECONDS EAST, A DISTANCE OF 29.21
o
AND
FEET;
t
EXCEPT THAT PORTION CONVEYED TO THE CllY OF PHOENIX, A
THENCE COINCIDENT WITH THE WEST LINE OF SAID EXISTING
p
MUNICIPAL CORPORATION, BY QUIT-CLAIM DEED RECORDED MARCH
RIGHT-OF-WAY, SOUTH 00 DEGREES 23 MINUTES 51 SECONDS
ill
11, 1994 IN DOCUMENT NO. 94-0200988, DESCRIBED AS
WEST, A DISTANCE OF 3.20 FEET;
E
FOLLOWS:
..
.
PRELIMINARY SITE PLAN
FOR
ENCANTADA ESTATES
A PORTION OF SOUTHEAST QUARTER OF SECTION 35 TOWNSHIP 2 NORTH,
RANGE 1 EAST, OF THE GILA AND SALT RIVER BASE AND MERIDIAN, CITY OF PHOENIX
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SEC. 35
MCDOWELL ROAD
VICINITY MAP
N.T.S
APPLICANT
FIG DEVELOPMENT
295 W. CENTER STREET
PROVO, UT
84601
PHONE: 801.372.2077
CONTACT: GARRETT SEELY
ENGINEER
BFH GROUP
3707 EAST SOUTHERN AVENUE
MESA, ARIZONA, 85206
PHONE: 480. 734. 1446
CONTACT: DAVID M. BOHN
SITE SUMMARY
GROSS SITE AREA:
665,055 S.F.
612,368 S.F.
C-2
{ 15.27 ACRES)
{ 14.06 ACRES)
NEf SITE AREA:
EXISTING ZONING:
PROPOSED USE:
PROPOSED NO. UNITS:
ALLOWABLE DENSllY:
PROPOSED DENSllY:
ALLOWABLE LOT COVERAGE:
PROPOSED BLDG COVERAGE:
REQUIRED OPEN SPACE:
PROPOSED OPEN SPACE:
R-4
302
29.0 DU/AC {R-4 OPTION)
= 302 DU / 15.27 AC
= 19.78 DU/AC
50%
= 183,250 SF = 27.55%
NONE
= 69,310 SF = 10.4% MIN
T2N, RTE
UNIT PRODUCT MIX:
PARKING REQUIRED:
158 TOWNHOMES = ALL 3 BEDROOM UNITS
144 APARTMENTS = ALL 2 BEDROOM UNITS
2.0 SPACES PER 3 BEDROOM UNIT
PARKING PROVIDED:
1.5 SPACES PER 2 BEDROOM UNIT
= 2.0*158+1.5*144+1.0*158
= 690 TOTAL REQUIRED
= 2*GARAGE STALLS*158+376 OPEN STALLS
= 692 TOTAL PROVIDED
= 2.29 STALLS PER UNIT
PROJECT DESCRIPTION
A PROPOSED MULTI FAMILY RESIDENTIAL DEVELOPMENT
CONSISTING OF 302 TOWNHOME AND
APARTMENT-SlYLE UNITS.
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DEEDS, PAGE 382, RECORDS OF MARICOPA COUNlY, ARIZONA,
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THENCE SOUTHWESTERLY A DISTANCE OF 32.66 FEET TO A POINT
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DEVELOPMENT ON FLOOD INSURANCE RATE MAP NO. 04013C2180L
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WOODS ASSOCIATES ARCHITECTS LLC
3319 E MCDOWELL RD MESA, ARIZONA
85213
(480) 962-7672
FIG DEVELOPMENT
PERSPECTIVE PATIO RENDERING
PERSPECTIVE GARAGE ENTRY RENDERING
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FIG DEVELOPMENT
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FRONT GARAGE ELEVATION
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ORDINANCE G-5233
AN ORDINANCE AMENDING THE CODE OF THE CITY OF
PHOENIX ARIZONA PART II CHAPTER 41 THE ZONING
ORDINANCE OF THE CITY OF PHOENIX BY AMENDING
SECTION 601 THE ZONING MAP OF THE CITY OF PHOENIX
CHANGING THE ZONING DISTRICT CLASSIFICATION FOR THE
PARCEL DESCRIBED HEREIN (CASE Z-43-08-7) FROM C-2
(INTERMEDIATE COMMERCIAL) TO C-2 HGT/VI/VR DNS/VI/VR
(INTERMEDIATE COMMERCIAL HEIGHT WAIVER DENSITY
WAIVER)
WHEREAS on Apnl 17 2008 the City of Phoenix Planning Department
received m compliance with the requirements of the City of Phoenix Zoning Ordinance
Section 506 a written request for rezoning from Beus Gilbert PLLC havmg
authorization to represent the owner 79th Avenue & Encanto LLC of an approximately
17 02 acre property located at the northwest corner of 79th Avenue and Encanto
Boulevard ma portion of Section 35 Township 2 North Range 1 East as descrrbed
more specifically In Attachment "A attached hereto and mcorporated herem by this
reference and
WHEREAS pursuant to A R S § 9-462 04 the Planning Comm1ss1on
held a public hearing on August 13 2008 and at this hearing recommended that the
City Council approve this rezoning request with the recommended staff cond1t1ons as
modified and
WHEREAS the City Council at their regularly scheduled meeting held on
September 3 2008 has determined that In accordance with AR S § 9-462 01 F this
rezoning request with the appropriate site specific requirements provided m Section 2
Is consistent with and conforms to the General Plan will conserve and promote the
public health safety and general welfare and should be approved subject to the
cond1t1ons herein
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PHOENIX as
follows
SECTION 1 The zoning of an approximately 17 02 acre property located
at the northwest corner of 79th Avenue and Encanto Boulevard In a portion of Section
35 Township 2 North Range 1 East as described more specifically in Attachment A
Is hereby changed from "C-2 (Intermediate Commercial) to C-2 HGT/WVR DNS/WVW
(Intermediate Commercial Height Waiver Density Waiver) and that the Planning Director
Is instructed to modify The Zoning Map of the City of Phoenix to reflect this use district
classification change as shown m Attachment Bn
SECTION 2 The specific nature of the subject property and of the
rezoning request Is more particularly described In case fileZ-43-08-7 on file with the
Planning Department Due to the site s specific physical cond1t1ons and the use district
applied for by the applicant this rezoning Is subject to the following st1pulat1ons
v1olat1on of which shall be treated in the same manner as a v1olatIon of the City of
Phoenix Zoning Ordinance
-2
Ordinance G-5233
1
That the development shall be In general conformance to the site
plan date stamped Apnl 18 2008 with specific regard to the total
number of units and the location of the two and three-story units
and with a minimum 1 500 square foot swimming pool and the
add1t1on of a mmImum 400 square foot children s usplash area with
water Jet features or a minimum 1 900 square foot swImmIng pool
as approved or modified by the Development Services Department
2
That the development shall be In general conformance to the
elevations date stamped Apnl 18 2008 as approved or modified by
the Development Services Department
3
That In the event archaeological materials are encountered dunng
construction the developer shall 1mmed1ately cease all ground
d1sturbmg act1vIt1es w1th1n a 33- foot radius of that discovery notify
the City Archaeologist and allow time for the Archaeology Office to
properly assess the materials
SECTION 3 If any section subsection sentence clause phrase or
portion of this ordinance 1s for any reason held to be mvalld or unconst1tutIonal by the
dec1s1on of any court of competent Junsd1ct1on such dec1s1on shall not affect the vahd1ty
of the remaining portions hereof
PASSED by the Council of the City of Phoenix this 3rd day of September
2008
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ATTEST
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Ordinance G-5233
MLW tml 762052v1 (CM# 52} (Item #38) 9/ 08
Attachments
A - Legal Description (3 Pages)
B - Ordinance Location Map (1 Page)
-4-
Ordinance G-5233
PAD-14 *
Z 273 /'J
PAD-15*
ENCANTO BL,
C-O SP*
R1
C-O SP*
I
Q)
r,...
C-2 *
I 111r1111111
Z 11 79
PAD-13 SP*
PAD-14
z SP .. 6 ea
Z SP 16 89
SP*
11 I 1 1111 I
Z 3, 79
Z SP 46 89
R-4 SP*
400
200
0
400 Feet
CITY OF PHOENIX PLANNING DEPARTMENT
MARYVALE VILLAGE
CITY COUNCIL DISTRICT 7
APPLICANTS NAME
NEAL PASCOE PLLC
PAD-15
SP*
2 SP 46-89
REQUESTED CHANGE
________________________ _.•ROM C 2 (17 02 a c)
""
04-24 2008
APPLICATION NO
Z-43-08
AREA IN:t..L.OU-Kl ll'Z STREET
NDAUEV OEDICATK>N lSAPFROX.
17 02 Acres
MULTIPLES PERMITTED
C2
C 2 HGT/DNS/WVR
Maximum Units Allowed with PR D Bonus
AERIM. JlttOTO I.
OUARTER SEC tolO
014 9
lc::NHGMAP
G3
CONVENTIONAL OPTION
ro C 2 HGT/DNS/WVR (17 02 a c)
UNITS PR D OPTION
296
888
(N \IS_ Team\Core _Funcbons\Zomng\sketch _ maps\sketch _ map08 mxd) 4/24/2008
PRIVATE
N 78TH AVE
W ALVARADO ST
N 78TH DR
W BONITOS DR
W ENCANTO BLVD
W CYPRESS ST
W
PIPESTONE P
L
N 79TH AVE
N 78TH GL
N
C-2*
PAD-14 SP
PAD-14*
C-2*
PUD*
RSC*
PAD-10 SP*
R-4 SP*
PAD-13 SP*
PAD-15 SP*
PAD-14 SP*
C-O SP*
C-O SP*
C-2*
PAD-15*
C-2
HGT/WVR
DNS/WVR*
PAD-14*
R1-6
C-2* C-2*
Planning & Development Department
PHO-1-21--Z-43-08-7
Property Location: Northwest corner of 79th Avenue and Encanto Boulevard
0
280
560
140
Feet ´
PRIVATE
N 78TH AVE
W ALVARADO ST
N 78TH DR
W BONITOS DR
W ENCANTO BLVD
W CYPRESS ST
W
PIPESTONE
P
L
W
VIRGINIA AVE
N 79TH AVE
N 78TH GL
N
Maricopa County Assessor's Office
Planning & Development Department
PHO-1-21--Z-43-08-7
Property Location: Northwest corner of 79th Avenue and Encanto Boulevard
0
280
560
140
Feet ´
if
LEGAL DESCRIPTION
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE
COUNlY OF MARICOPA, STATE OF ARIZONA, AND IS DESCRIBED AS
FOLLOWS:
THE SOUTH HALF OF THE SOUTHEAST QUARTER OF THE
NORTHWEST QUARTER OF SECTION 35, TOWNSHIP 2 NORTH,
RANGE 1 EAST OF THE GILA AND SALT RIVER BASE AND
MERIDIAN, MARICOPA COUNlY, ARIZONA:
EXCEPT THAT PORTION CONVEYED TO THE CllY OF PHOENIX, BY
QUIT-CLAIM DEED RECORDED IN DOCKET 15735, PAGE 906,
RECORDS OF MARICOPA COUNlY, ARIZONA; AND
EXCEPT THAT PORTION CONVEYED TO THE CllY OF PHOENIX, A
MUNICIPAL CORPORATION, BY QUIT-CLAIM DEED RECORDED IN
DOCUMENT NO. 87-023264, RECORDS OF MARICOPA COUNlY,
ARIZONA. DESCRIBED AS FOLLOWS:
THAT PART OF THE NORTHWEST QUARTER OF SECTION 35,
TOWNSHIP 2 NORTH, RANGE 1 EAST OF THE GILA AND SALT RIVER
BASE AND MERIDIAN, MARICOPA COUNlY, ARIZONA. DESCRIBED AS
FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SAID NORTHWEST
QUARTER;
LEGAL DESCRIPTION CONTINUED
A PORTION OF THE SOUTH HALF OF THE SOUTHEAST QUARTER OF
THE NORTHWEST QUARTER OF SECTION 35, TOWNSHIP 2 NORTH,
RANGE 1 EAST OF THE GILA AND SALT RIVER BASE AND
MERIDIAN, MARICOPA COUNlY, ARIZONA. BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SAID SOUTH HALF
OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER;
THENCE NORTH 00 DEGREES 03 MINUTES 31 SECONDS WEST,
ALONG THE WEST LINE OF SAID SOUTH HALF, A DISTANCE OF
63.11 FEET TO A POINT ON THE NORTHERLY LINE OF THAT
PARCEL DESCRIBED IN DOCUMENT NO. 87-023264, RECORDS OF
MARICOPA COUNlY, ARIZONA, MARKING THE TRUE POINT OF
BEGINNING;
THENCE CONTINUING NORTH 00 DEGREES 03 MINUTES 31
SECONDS WEST, ALONG SAID WEST LINE, A DISTANCE OF 596.85
FEET TO THE NORTHWEST CORNER OF SAID SOUTH HALF;
THENCE NORTH 88 DEGREES 04 MINUTES 41 SECONDS EAST,
ALONG THE NORTH LINE OF SAID SOUTH HALF, A DISTANCE OF
198.00 FEET;
THENCE SOUTH 00 DEGREES 03 MINUTES 31 SECONDS EAST, A
THENCE NORTH 88 DEGREES 04 MINUTES 52 SECONDS EAST
DISTANCE OF 624.95 FEET TO THE AFOREMENTIONED NORTHERLY
ALONG THE SOUTH LINE THEREOF, A DISTANCE OF 55.03 FEET TO LINE OF THAT PARCEL DESCRIBED IN DOCUMENT NO. 87-023264;
THE TRUE POINT OF BEGINNING;
THENCE SOUTH 88 DEGREES 04 MINUTES 52 SECONDS WEST,
THENCE NORTH 00 DEGREES 00 MINUTES 13 SECONDS WEST,
ALONG SAID NORTHERLY LINE, A DISTANCE OF 162.02 FEET TO
PARALLEL WITH THE WEST LINE OF SAID NORTHWEST QUARTER, A
THE BEGINNING OF A NON-TANGENT CURVE, THE CENTER OF
DISTANCE OF 35.02 FEET;
WHICH BEARS NORTH 33 DEGREES 36 MINUTES 04 SECONDS
THENCE NORTH 88 DEGREES 04 MINUTES 52 SECONDS EAST,
EAST, 34•5o FEET;
ɣOARALLEA PO
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THENCE NORTHWESTERLY, CONTINUING ALONG SAID NORTHERLY
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LINE AND ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL
NORTHWESTERLY, THE RADIUS POINT OF WHICH BEARS NORTH 37
ANGLE OF 56 DEGREES 20 MINUTES 33 SECONDS, FOR AN ARC
DEGREES 26 MINUTES 20 SECONDS WEST, A DISTANCE OF 34.50
DISTANCE OF 33.93 FEET TO THE BEGINNING OF A NON-TANGENT
FEET;
LINE;
THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE,
THENCE SOUTH 84 DEGREES 58 MINUTES 10 SECONDS WEST,
THROUGH A CENTRAL ANGLE OF 52 DEGREES 37 MINUTES 03
CONTINUING ALONG SAID NORTHERLY LINE, A DISTANCE OF 20.66
SECONDS, A DISTANCE OF 31.68 FEET;
FEET TO THE TRUE POINT OF BEGINNING; AND
THENCE NORTH 84 DEGREES 58 MINUTES 10 SECONDS EAST, A
EXCEPT THAT PROPERlY AS SET FORTH IN FINAL ORDER OF
DISTANCE OF 20.66 FEET TO A POINT ON THE EAST LINE OF THE
CONDEMNATION RECORDED IN DOCUMENT NO. 2009-0768333,
SOUTHWEST QUARTER OF SAID NORTHWEST QUARTER FROM WHICH
RECORDS OF MARICOPA COUNlY, ARIZONA. DESCRIBED AS
THE SOUTHEAST CORNER THEREOF BEARS SOUTH 00 DEGREES 03 FOLLOWS:
MINUTES 23 SECONDS EAST, A DISTANCE OF 63. 11 FEET;
A PORTION OF THE NORTHWEST QUARTER OF SECTION 35,
THENCE CONTINUING NORTH 84 DEGREES 58 MINUTES 10
TOWNSHIP 2 NORTH, RANGE 1 EAST OF THE GILA AND SALT RIVER
SECONDS EAST, A DISTANCE OF 20.66 FEET TO A POINT ON A
BASE AND MERIDIAN, MARICOPA COUNlY, ARIZONA. MORE
NON-TANGENT CURVE CONCAVE NORTHEASTERLY, THE RADIUS
PARTICULARLY DESCRIBED AS FOLLOWS:
POINT OF WHICH BEARS NORTH 89 DEGREES 56 MINUTES 37
SECONDS EAST, A DISTANCE OF 34.50 FEET;
COMMENCING AT THE NORTH QUARTER CORNER OF SAID SECTION
35, BEING A BRASS CAP IN HAND HOLE STAMPED CllY OF
THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE
PHOENIX, AND FROM WHICH THE CENTER QUARTER CORNER OF
THROUGH A CENTRAL ANGLE OF 56 DEGREES 20 MINUTES 33
SAID SECTION 35, BEING A BRASS CAP IN HAND HOLE STAMPED
SECONDS, A DISTANCE OF 33.93 FEET TO THE NORTH LINE OF
CllY OF PHOENIX, BEARS SOUTH 00 DEGREES 06 MINUTES 47
THE SOUTH 35.00 FEET OF SAID NORTHWEST QUARTER;
SECONDS EAST, A DISTANCE OF 2640.06 FEET (BASIS OF
THENCE NORTH 88 DEGREES 04 MINUTES 52 SECONDS EAST,
BEARING);
ALONG SAID NORTH LINE, A DISTANCE OF 1232.04 FEET;
THENCE COINCIDENT WITH THE EAST LINE OF THE NORTHWEST
THENCE NORTH 43 DEGREES 59 MINUTES 07 SECONDS EAST, A
2ɪɫɬNiɭ ɮ.sɯ
c
ɰ1mAN3gE ɱuinɲɳofEfɴɵ 06 MINUTES
DISTANCE OF 21.55 FEET;
THENCE DEPARTING SAID EAST LINE, SOUTH 88 DEGREES 04
THENCE NORTH 00 DEGREES 06 MINUTES 39 SECONDS WEST, A
MINUTES 33 SECONDS WEST, A DISTANCE OF 42.20 FEET TO A
DISTANCE OF 11.76 FEET;
POINT ON THE WEST LINE OF AN EXISTING RIGHT-OF-WAY
ACCORDING TO DOCUMENT NO. 94-0200988, RECORDS OF
THENCE NORTH 85 DEGREES 54 MINUTES 13 SECONDS EAST, A
MARICOPA COUNlY, ARIZONA AND THE TRUE POINT OF BEGINNING;
DISTANCE OF 35.00 FEET TO THE EAST LINE OF SAID NORTHWEST
QUARTER;
THENCE COINCIDENT THE WEST LINE OF SAID EXISTING
RIGHT-OF-WAY, SOUTH 22 DEGREES 16 MINUTES 31 SECONDS
THENCE SOUTH 00 DEGREES 06 MINUTES 39 SECONDS EAST, A
WEST, A DISTANCE OF 8.57 FEET TO A POINT ON A LINE BEING
DISTANCE OF 63.11 FEET TO THE SOUTHEAST CORNER OF SAID
PARALLEL WITH AND 45.44 FEET WEST OF THE EAST LINE OF THE
NORTHWEST QUARTER;
NORTHWEST QUARTER OF SAID SECTION 35;
ɶ
THENCE SOUTH 88 DEGREES 04 MINUTES 52 SECONDS WEST,
THENCE COINCIDENT WITH THE WEST LINE OF SAID EXISTING
ɷ
ALONG THE SOUTH LINE OF SAID NORTHWEST QUARTER, A
RIGHT-OF-WAY AND SAID PARALLEL LINE, SOUTH 00 DEGREES 06
.,.
DISTANCE OF 2581.12 FEET TO THE TRUE POINT OF BEGINNING;
MINUTES 47 SECONDS EAST, A DISTANCE OF 25.00 FEET;
ɸ
EXCEPT THAT PART THEREOF LYING WITHIN THE PARCEL OF LAND
THENCE COINCIDENT WITH THE WEST LINE OF SAID EXISTING
'
DESCRIBED IN THE QUIT-CLAIM DEED RECORDED IN DOCKET
RIGHT-OF-WAY AND DEPARTING SAID PARALILEL LINE, SOUTH 22
S
15735, PAGE 906, RECORDS OF MARICOPA COUNlY, ARIZONA;
DEGREES 30 MINUTES 01 SECONDS EAST, A DISTANCE OF 29.21
o
AND
FEET;
t
EXCEPT THAT PORTION CONVEYED TO THE CllY OF PHOENIX, A
THENCE COINCIDENT WITH THE WEST LINE OF SAID EXISTING
p
MUNICIPAL CORPORATION, BY QUIT-CLAIM DEED RECORDED MARCH
RIGHT-OF-WAY, SOUTH 00 DEGREES 23 MINUTES 51 SECONDS
ill
11, 1994 IN DOCUMENT NO. 94-0200988, DESCRIBED AS
WEST, A DISTANCE OF 3.20 FEET;
E
FOLLOWS:
..
.
PRELIMINARY SITE PLAN
FOR
ENCANTADA ESTATES
A PORTION OF SOUTHEAST QUARTER OF SECTION 35 TOWNSHIP 2 NORTH,
RANGE 1 EAST, OF THE GILA AND SALT RIVER BASE AND MERIDIAN, CITY OF PHOENIX
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SEC. 35
MCDOWELL ROAD
VICINITY MAP
N.T.S
APPLICANT
FIG DEVELOPMENT
295 W. CENTER STREET
PROVO, UT
84601
PHONE: 801.372.2077
CONTACT: GARRETT SEELY
ENGINEER
BFH GROUP
3707 EAST SOUTHERN AVENUE
MESA, ARIZONA, 85206
PHONE: 480. 734. 1446
CONTACT: DAVID M. BOHN
SITE SUMMARY
GROSS SITE AREA:
665,055 S.F.
612,368 S.F.
C-2
{ 15.27 ACRES)
{ 14.06 ACRES)
NEf SITE AREA:
EXISTING ZONING:
PROPOSED USE:
PROPOSED NO. UNITS:
ALLOWABLE DENSllY:
PROPOSED DENSllY:
ALLOWABLE LOT COVERAGE:
PROPOSED BLDG COVERAGE:
REQUIRED OPEN SPACE:
PROPOSED OPEN SPACE:
R-4
302
29.0 DU/AC {R-4 OPTION)
= 302 DU / 15.27 AC
= 19.78 DU/AC
50%
= 183,250 SF = 27.55%
NONE
= 69,310 SF = 10.4% MIN
T2N, RTE
UNIT PRODUCT MIX:
PARKING REQUIRED:
158 TOWNHOMES = ALL 3 BEDROOM UNITS
144 APARTMENTS = ALL 2 BEDROOM UNITS
2.0 SPACES PER 3 BEDROOM UNIT
PARKING PROVIDED:
1.5 SPACES PER 2 BEDROOM UNIT
= 2.0*158+1.5*144+1.0*158
= 690 TOTAL REQUIRED
= 2*GARAGE STALLS*158+376 OPEN STALLS
= 692 TOTAL PROVIDED
= 2.29 STALLS PER UNIT
PROJECT DESCRIPTION
A PROPOSED MULTI FAMILY RESIDENTIAL DEVELOPMENT
CONSISTING OF 302 TOWNHOME AND
APARTMENT-SlYLE UNITS.
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SOUTH 89 DEGREES 53 MINUTES 13 SECONDS WEST, A DISTANCE
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PORTION OF THE NORTHWEST QUARTER OF SECTION 35,
OF 8.70 FEET TO A POINT OF A LINE BEING PARALILEL WITH AND
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CllY OF PHOENIX
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BASE AND MERIDIAN, MARICOPA COUNlY, ARIZONA. LYING WITHIN
QUARTER OF SAID SECTION 35;
SEWER
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THENCE COINCIDENT WITH SAID EXISTING RIGHT-OF-WAY LINE AND
BENCHMARK
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SOUTH 596.30 FEET OF SAID NORTHWEST QUARTER AND THE
DEPARTING SAID PARALILEL LINE, NORTH 89 DEGREES 53 MINUTES
A CllY OF PHOENIX BRASS CAP IN HANDHOLE FOUND AT THE
I
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WEST LINE OF THE EAST 33.00 FEET THEREOF;
13 SECONDS EAST, A DISTANCE OF 8.75 FEET TO A POINT ON
INTERSECTION OF 83RD AVENUE 1k THOMAS ROAD, ALSO BEING
,---
THE WEST LINE OF USA FEE ACCORDING TO BOOK 115 OF
THE NORTHWEST CORNER OF SECTION 35, TOWNSHIP 2 NORTH,
• '/ / ʗ
THENCE SOUTHERLY ALONG SAID WEST LINE, A DISTANCE OF
DEEDS, PAGE 382, RECORDS OF MARICOPA COUNlY, ARIZONA,
RANGE 1 EAST, OF THE GILA AND SALT RIVER BASE AND
10.00 FEET TO AN ORTHOGONAL LINE;
WIDTH BASED ON DETERMINATION OF OWNERSHIP BY SALT RIVER
MERIDIAN, MARICOPA COUNlY, ARIZONA.
THENCE WESTERLY ALONG SAID ORTHOGONAL LINE, A DISTANCE OF PROJECT RECORDED DECEMBER 30, 1915;
ELEVATION = 1050.908' (CllY OF PHOENIX DAWM)
,i; ʘs•oNAʙ
;
10-00 FEET;
THENCE DEPARTING SAID RIGHT-OF-WAY ACCORDING TO
BAs1s oF BEARING
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THENCE NORTHERLY PARALLEL WITH SAID WEST LINE, A DISTANCE
DOCUMENT NO. 94-o2o0988• RECORDS OF MARICOPA COUNlY,
THE SOUTH LINE OF THE NORTHWEST QUARTER OF SECTION 35,
11 f
48533 "'. i
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LINE
ARIZONA AND COINCIDENT WITH SAID USA FEE, SOUTH 00
""OWNSHIP 2 NORTH RANGE 1 EAST OF THE GILA AND SALT RIVER
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DEGREES 23 "INUTES 51 SECONDS EAST, A DISTANCE OF 146.71
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THENCE DEPARTING SAID USA FEE, SOUTH 88 DEGREES 04
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THENCE NORTHERLY ALONG SAID WEST LINE, A DISTANCE OF
MINUTES 38 SECONDS WEST, A DISTANCE OF 300.11 FEET;
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85.40 FEET;
THENCE NORTH 00 DEGREES 23 MINUTES 51 SECONDS WEST, A
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THENCE SOUTHWESTERLY A DISTANCE OF 32.66 FEET TO A POINT
DISTANCE OF 220•08 FEET;
FLOOD NOTE
8
00202010130
IN THE WEST LINE OF THE EAST 45.44 FEET OF SAID NORTHWEST
THENCE NORTH 88 DEGREES 04 MINUTES 38 SECONDS EAST, A
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QUARTER
PROPERTY IS LOCATED WITHIN AN AREA HAVING A ZONE •x•
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DISTANCE OF 292.58 FEET TO A POINT OF THE WEST LINE OF AN
SHADED DESIGNATION BY THE SECRETARY OF HOUSING AND URBAN
u.
Prelim Site Plan
ISTANCE OF
EXISTING RIGHT-OF-WAY ACCORDING TO DOCUMENT NO.
DEVELOPMENT ON FLOOD INSURANCE RATE MAP NO. 04013C2180L
O ''=====I
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THENCE SOUTHERLY ALONG LAST SAID WEST LINE, A D
94-0200988, RECORDS OF MARICOPA COUNlY, ARIZONA AND THE
W 11
S
25.00 FEET;
TRUE POINT OF BEGINNING; AND
WITH A DATE IDENTIFICATION OF OCTOBER 16, 2013, COMMUNITY
>
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040051 (CITY OF PHOENIX).
ʦ
SHEET NO.
ʧ
THENCE SOUTHEASTERLY, A DISTANCE OF 32.66 FEET TO THE
EXCEPT ANY PORTION LYING IN LOT 1, THE COVE APAR™ENTS,
a.
l.
TRUE POINT OF BEGINNING; AND
ACCORDING TO BOOK 520 OF MAPS, PAGE 9, RECORDS OF
ZONE •x• SHADED IS LABELED AS: 0.2% ANNUAL CHANCE FLOOD
SDEV:
2100117
a.
f
EXCEPT TLI•'J PORTION CONVEYED IN SPECIAL WARRANlY DEED
MARICOPA COUNlY, ARIZONA.
HAZARD, AREAS OF 1,r; ANNUAL CHANCE FLOOD WITH AVERAGE
KIVA:
21-962
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DEPTH LESS TIHAN ONE FOOT OR WITH DRAINAGE AREAS OF LESS
PAPP:
2101397
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RECORDED IN DOCUMENT NO. 98-0784599,RECORDS OF
APN: 102-38-003C
THAN ONE SQUARE MILE.
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_________________________________________________________________________________________ a:.s=:..._
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PHO-1-21--Z-43-08-7
Proposed Site Plan
Hearing Date: 8/18/21
FOUND REBAR PIN
NO ID AFFIXED
TAG RLS 42017
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CITY OF PHOENIX
ZONING: R1-6
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APN: 102-38-005L
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ZONING: R1-6
SCHOOL
APN: 102-38-027
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JOB NO.
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Pre lim Site Plan
SHEET NO.
2
2 OF 2
PHO-1-21--Z-43-08-7
Proposed Site Plan
Hearing Date: 8/18/21
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PHO-1-21--Z-43-08-7
Proposed Elevations
Hearing Date: 8/18/21
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Hearing Date: 8/18/21
Proposed Elevations
PHO-1-21--Z-43-08-7
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PHO-1-21--Z-43-08-7
Proposed Elevations
Hearing Date: 8/18/21
WOODS ASSOCIATES ARCHITECTS LLC
3319 E MCDOWELL RD MESA, ARIZONA
85213
(480) 962-7672
FIG DEVELOPMENT
PERSPECTIVE PATIO RENDERING
PERSPECTIVE GARAGE ENTRY RENDERING
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Hearing Date: 8/18/21
Proposed Elevations
PHO-1-21--Z-43-08-7
WOODS ASSOCIATES ARCHITECTS LLC
3319 E MCDOWELL RD MESA, ARIZONA
85213
(480) 962-7672
FIG DEVELOPMENT
REAR PATIO ELEVATION
FRONT GARAGE ELEVATION
9’-0”
2'-0"
9’-0”
27’-0”
9’-0”
1/2"
9’-0”
27’-0”
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Hearing Date: 8/18/21
Proposed Elevations
PHO-1-21--Z-43-08-7
WOODS ASSOCIATES ARCHITECTS LLC
3319 E MCDOWELL RD MESA, ARIZONA
85213
(480) 962-7672
FIG DEVELOPMENT
SIDE ELEVATION
SIDE ELEVATION
9’-0”
1/2"
9’-0”
27’-0”
9’-0”
1/2"
9’-0”
27’-0”
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Hearing Date: 8/18/21
Proposed Elevations
PHO-1-21--Z-43-08-7
PROVIDED 19' PERIMElER SETBACK.
·.,
15' ADJACENT to PROPERTY LINE. THERE SHALL BE ,
A 15' MAXIMUM HEIGHT.WITHIN 10' OF A SINGLE:,·.
FAMILY ZONED DISTRICT, WHICH HEIGHT MAY BE ·
INCREASED ONE FOOT FOR EACH ADDI_TIONAL
ONE FOOT OF BUILDING SElBAC,K T9 THE · ,
MAXIMUM PERMITIED HEIGHT,
CARRIAGE UNITS ----'
OVER GARAGES
_::z STORY
PA0 .. 15
:PROPOSED
1ʀ; IRRIGATJO,N_
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15' PERIMETER --1-
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ENCANTADO APARTMENTS
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T ODD & ASSOCIATES1 INC,
ARCHl1EC!URE PlAf1NING lANDSC:APE ARCHITFCTURE
602. 9$2.8280p
Ww'N.foddmsoc.com
PRELIMINARY NOT FOR CONStRUCilON
04-l.)2-(JO
Phoenix, Arimnn
Project No. 07,.2039-01
Date 04-02,2008
Rezoning Submiilal
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SITE DATA
SITE AREA:
SITE AREA
' ±l 6.95 GROSS ACRES (±738,647 SF)
± l5.56NET ACRES {±677,813 SF)
ZONING:
C-2
CURRENT
PRO.POSED
C-2 with Heigh! and Density W9ive(la R-3A
BUI\DING HEIGHT:
48'
Al_LOWABLE
PROVIDED
±2 & 3_STORY (48' Maximum]
UNIT MIX:
1 BEDROOM (A)
182 D,U. (48%)
2 BEDROOM (B)
188 D.U. (49%]
"3-"B""ED"'R,,O,.,O
,..M
"'-"'( C""\ __ Î1=2ÏD=.U ,.f:},%).
TOTAL
382 D,U. (100%)
R-3A DENSITY:
ALLOWED
PROVIDED
23.l D.U./A_CRE
±22.54 D.UJACRE
REQVIRED·PARKING;
J BED.ROOM (182 D.U_.x 1.5 P.S,/D.U.)
2 BEDROOM (188 D.U.x,1 .5 P.S./D.U.)
iLfil'JJROOM 112 D.U.-X 2.0 P.S,/0.U.)
TOTAL
PROVIDED PA.RKING:
SURFACE
• CARRIAGE UNIT GARAGES
TOTAL
PROVIDED BUILDING SETBACKS:
273 P.S.
282 P.S
24 P.S.
579P,S. (±J.52 P.S./Cl.U.)
614P,S.
66 P.S •
!580P,S. (± l.78 P.S/D.U.J
FRONT (Encanlo Blvd)
SIDE FRONT (791H Avenue)
SIDE (lnlericjr)
REAR
30' (20' required setback)
30' (20' required setback)
15' (15' requfred.solbac:ks).
l 9' { 19' required setback)
REQUIRED OPEN SPAt.::E:
MINIMUM
15% OF THE GROSS AREA
(±738,647 SF x 0.05"" 36,932 SF)
PROVIDED
±86,075 SF
- PROJECT DESCRIPTION'
The proposed proJecl 'is_ a 352-unlt 1uxury·mul!i-fari1ily
oporlmenl · conimunily
lo
be , developErd , on
opproxlmately 16.95 gross acres .of .va<::ant land. 1ho ,
. f19ject . i.s la_cated al !he northwe;i corner of 79,h
'Avenue and· Encanfo Soulevan;l in Phoi,nix, Arizona.
The Project is located wi!hin th Maryvale Village Core
and is zoned C-2. The Proj!2)cl \Nill contain o one-story
leasing offico/dubhouse; Jwo and three -sto1y walk·0p,
slacked·. flat apartment -buHdings, and lwo story ·.
.caniage units {livin,j'unils over enclosed_ garages). 'The
Project will offer one, two, and three bedroom units.
Tho buildings ore an'anged around o tar9e landscaped
open space !hot is conneclcd lo the c!ubtid_uso/ pool
facility. Open space 9cffvilies for the project consisl of:
main p9ol/1pa facilily, ramada/BBQ/soating areas, and
passive,leisur-, areas.
· iticimas Rood
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Shopping Center,
. : fncdnto Slvd-.
Cricket PQvillon
Applicant:
Encahlo & 791h, nc
. c/o John tolich
Colum.bla Carnmunifies
Vicinity Map
17797 North Perirrteler Drive, Suite 115
Sc;ottsdale, Arizona 85255
480:473-4696 p
480-473-1.686 f
Consultant:
Todd & Asiociales
40l 91\(orth4411• Slree!
Phoenix,.Arlzona 85018 ·
• 602;952.a2ai:J p
602-952-8995 f
PUVJNl\sG DL·'.tT.
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PHO-1-21--Z-43-08-7
Stipulated Site Plan
Hearing Date: 8/18/21
-·
TODD & ASSOCIATES1 INC.
ARCHITECTURE PLANNING LANDSCAPE ARCHITECTURE
602.952.8280p
www.toddossoc.com
PRELIMINARY NOT FOR CONSTRUCTION
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ENCANTAD() APARTMENTS
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AT NVVC OF 79th AVE AND ENCANTO BLVD.
Pho,enix, Arizona
Project No. 07-2039-01
Date 04-02-2008
Rezoniing Submittal
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Hearing Date: 8/18/21
PHO-1-21--Z-43-08-7
Stipulated Elevations
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--•------'-"-----'-'---'---"----'---"-----,--------""'-----""'--'--------""'------------
Phoenix, Arizona
TODD &ASSOCIATES, INC.
Project No. 07:2039-01
Date 04-02-2008.
ARCHITECTJRE PLANNING. LANDSCAPE ARCHITECTURE
602. 9 52 .8280p
www.toddossoc.com
Rezoning Submittal
PRELIMINARY NOT FOR CONSTRUCTION
1
0
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TH'RD fl oOR'!"'
+ 10'-J u
SECONI) FLO0R"J"-
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Hearing Date: 8/18/21
PHO-1-21--Z-43-08-7
Stipulated Elevations
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FCOND FlOO""ii'!"
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FIN SH FLOOR 'f"'
ENCANTADO••APARTMENTS
AT NWC OF 79th AVE.AND ENCANTO BLViD.
et•-------,----,--,-,-------,------,----,----,-------,----,------,- Phoenix, Arizona
TODD & ASSOCIATES, INC.
ARCHITECTURE PLANNING LANDSCAPE ARCHITEC[ URE
602.952.8280p
www.toddassoc.com
PRELIMINARY NOT FOR CONSTRUCTION
Project No. \07-2039-01
Date 04-02-2008
ezoning Submittal
_:_lf:!.JL:2'.:
T.O.PLATc"r
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Hearing Date: 8/18/21
PHO-1-21--Z-43-08-7
Stipulated Elevations
- 429-
September 3, 2008
MOTION was made by Mr. Johnson, SECONDED by Mrs. Williams, that
Item 29 be adopted.
Roll Call:
Ayes:
Nays:
Absent:
Baier, Johnson, Mattox, Nowakowski,
Simplot, Stanton, Williams, and
Acting Mayor Neely
None
Mayor Gordon
MOTION CARRIED. Ordinance adopted.
MOTION was made by Mr. Johnson, SECONDED by Mrs. Williams, that
Items 30 through 68, except Items 49 and 55 be adopted; noting Items 47aw, 65,
and 66 were withdrawn.
Roll Call:
Ayes:
Nays:
Absent:
Baier, Johnson, Mattox, Nowakowski,
Simplot, Stanton, Williams, and
Acting Mayor Neely
None
Mayor Gordon
MOTION CARRIED. Ordinances and Resolutions adopted. Item 47 was
adopted in part.
ITEM 30
DISTRICT 1
ORDINANCE G-5225
AMEND ZONING CODE -
REZONING APPLICATION
2-65-08-1
The Council heard request to authorize the City Manager to amend
Section 601 of the Phoenix Zoning Ordinance by adopting Equivalency
Rezoning Application Z-65-08-1 for the S-1 DVAO (Ranch or Farm Residence
Deer Valley Airport Overlay) zoning district located at the southeast corner of
15th Avenue and Happy Valley Road.
ITEM 31
DISTRICT 2
ORDINANCE G-5226 -
AMEND ZONING CODE -
REZONING APPLICATION
2-63-08-2
The Council heard request to authorize the City Manager to amend
Section 601
of the Phoenix Zoning Ordinance by adopting Equivalency
- 431 -
September 3, 2008
Permit) zoning district to allow a golf course with a 65-foot high monopalm
located approximately 1,200 feet south of the southeast corner of 103rd Avenue
and Camelback Road.
ITEM 36
DISTRICT 7
ORDINANCE G-5231 -
AMEND ZONING CODE
REZONING APPLICATION
2-27-08-7
The Council heard request to authorize the City Manager to amend
Section 601 of
the
Phoenix Zoning Ordinance by adopting Rezoning
Application Z-27-08-7 for the C-2 (Intermediate Commercial) zoning district
located approximately 400 feet east of the northeast corner of 69th Avenue and
McDowell Road.
ITEM 37
DISTRICT 7
ORDINANCE G-5232 -
AMEND ZONING CODE -
REZONING APPLICATION
2-38-08-7
The Council heard request to authorize the City Manager to amend
Section 601 of
the
Phoenix Zoning Ordinance by adopting Rezoning
Application Z-38-08-7 for the A-1 (Light Industrial) zoning district located
approximately 215 feet east of the northeast corner of 28th Avenue and West
Pima Street.
ITEM 38
DISTRICT 7
ORDINANCE G-5233
AMEND ZONING CODE
REZONING APPLICATION
2-43-08-7
The Council heard request to authorize the City Manager to amend
Section 601 of
the
Phoenix Zoning Ordinance by adopting Rezoning
Application Z-43-08-7
for
the
C-2
HGT/WVR
DNS/WVR
(Intermediate
Commercial Height Waiver Density Waiver) zoning district located at the
northwest corner of 79th Avenue and Encanto Boulevard.
ITEM 39
DISTRICT 7
ORDINANCE G-5234 -
AMEND ZONING CODE -
REZONING APPLICATION
2-45-08-7
The Council heard request to authorize the City Manager to amend
Section 601 of
the
Phoenix Zoning Ordinance by adopting Rezoning
Planning Commission Minutes for August 13, 2008
Application #:
Z-43-08-7
From:
C-2
To:
C-2 HGT/WVR DNS/WVR
Acreage:
17.02
Location:
Northwest corner of 79th Avenue and Encanto Boulevard
Proposal:
Apartments
Applicant:
Beus Gilbert PLLC
Owner:
79th Avenue and Encanto, LLC
Representative:
Paul Gilbert
Mr. Alan Stephenson presented Z-43-08-7, a request for C-2 with HGT/DNS
Waiver from C-2 for an approximately 17.02 acre site located on the northwest
corner of 79th Avenue and Encanto Boulevard for an apartment project. Staff
recommends approval per staff stipulations. The Maryvale Village Planning
Committee voted to approve the request 9-0 subject to staff stipulations.
This item is eligible for the consent agenda if no one is present in opposition.
Commissioner Amery made a MOTION to move Z-43-08-7 to the consent
agenda subject to staff stipulations.
Commissioner Ellis SECONDED.
There being no further discussion, Chairman Keuth called for a vote and the
MOTION PASSED 8-0. (Gallegos absent)
Commissioner Amery made a MOTION to approve Z-43-08-7 on consent.
Commissioner Ellis SECONDED.
There being no further discussion, Chairman Keuth called for a vote and the
MOTION PASSED 8-0. (Gallegos absent)
* * * *
Stipulations:
1.
That the development shall be in general conformance to the site plan
date stamped April 18, 2008, with specific regard to the total number of
units and the location of the two and three-story units and with a minimum
1,500 square foot swimming pool and the addition of a minimum 400
square foot children’s “splash area” with water jet features or a minimum
1,900 square foot swimming pool, as approved or modified by the
Development Services Department.
2.
That the development shall be in general conformance to the elevations
date stamped April 18, 2008, as approved or modified by the Development
Services Department.
3.
That in the event archaeological materials are encountered during
construction, the developer shall immediately cease all ground disturbing
activities within a 33-foot radius of that discovery, notify the City
Archaeologist, and allow time for the Archaeology Office to properly
assess the materials.
Village Planning Committee Meeting Summary
Z-43-08-7
Date of VPC Meeting
Request From
Request To
Proposed Use
Location
VPC Recommendation
VPC Vote
June 24 2008
C-2
C-2 HGT/DNS VWR
Apartments
Northwest corner of 79th Avenue and Encanto Boulevard
Approval subject to staff st1pulat1ons
9 0 (Approval)
VPC DISCUSSION & RECOMMENDED STIPULATIONS
MOTION Mike Weber moved, with a second from Dwight Amery, to recommend
approval of the request subject to staff stipulations
VOTE 9-0 Approval
DISCUSSION Attorney Paul Gilbert descr,bed the proposed project, which Is
located m the Maryva/e Village Core Smee the site was rezoned to C-2 ,n 1979, it
has remamed vacant, which he attnbutes to the huge amount of commercial
property ,n the core The 17-acre site Is presently bemg proposed for a "high
end," 382 umt apartment development Members asked questions about use of
textured surfaces, matenals, pamt, and vegetation to help deter graffiti,
not1f1cat1on of tenants regardmg location next to Cncket Pav1/ton, site access
from 79th Avenue and Encanto Boulevard, outward onentatIon of the two-story
umts facmg the collector streets, location of any smgle-fam1/y residential relative
to the subject site, and surroundmg land uses
Recommended Stipulations
1 That the development shall be 1n general conformance to the site plan date
stamped April 18 2008 with specific regard to the total number of units and the
location of the two and three-story units and with a minimum 1 500 square foot
swimming pool and the add1t1on of a minimum 400 square foot children s splash
area with water Jet features or a minimum 1 900 square foot sw1mm1ng pool as
approved or modified by the Development Services Department
Crty of Phoenix Planning Department
200 West Washington Street 6th Floor Phoenix Anzona 85003 1611
(602) 262 7131
2 That the development-II be m general conformance to th&vat1ons date
stamped April 18 2008 as approved or mod1f1ed by the Development Services
Department
3 That 1n the event archaeological materials are encountered during construction
the developer shall immediately cease all ground disturbing act1v1t1es within a 33-
foot radius of that discovery notify the City Archaeologist and allow time for the
Archaeology Office to properly assess the materials
STAFF COMMENTS REGARDING VPC RECOMMENDATION & STIPULATIONS
No add1t1onal staff comments
City of Phoenix Planning Department
200WestWashinglon Street 6th Floor Phoenix Arizona 85003 1611
(602) 262 7131