Attachment B - Staff Report - Z-36-22-4.pdf

Staff Report Z-36-22-4 
July 28, 2022  
Maryvale Village Planning Committee 
Meeting Date:  
June 8, 2022 (Information only) 
Planning Commission Hearing Date: 
August 4, 2022 
Request From: 
R-5 SP (Multifamily Residence District,
Special Permit) (3.28 acres) and C-3
SP (General Commercial, Special
Permit) (0.95 acres)
Request To: 
R-5 (Multifamily Residence District)
(3.28 acres) and C-3 (General
Commercial) (0.95 acres)
Proposed Use: 
Removal of a Special Permit to allow all 
underlying C-3 and R-5 uses 
Location: 
Southwest corner of 31st Avenue and 
McDowell Road 
Owner: 
Isaac Elementary School District No. 5 
Applicant: 
City of Phoenix, Planning Commission 
Representative: 
Benjamin Graff, Quarles & Brady, LLP 
Staff Recommendation: 
Approval 
General Plan Conformity 
General Plan Land Use Map Designation 
Public/Quasi-Public 
Street Map Classification 
McDowell 
Road 
Arterial 
40-feet south half street
31st Avenue 
Minor 
Collector 
30-feet west half street
Attachment B

Staff Report: Z-36-22-4 
July 28, 2022 
Page 2 of 6 
 
 
CONNECT PEOPLE AND PLACES CORE VALUE; OPPORTUNITY SITES; LAND 
USE PRINCIPLE: 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. 
 
The proposal to remove the Special Permit will allow for the redevelopment of the 
site, which could add to the diverse mix of existing housing stock in the area. The 
proposal will also provide an appropriate transition from the commercial uses north of 
the site.  
 
 
CONNECT PEOPLE AND PLACES CORE VALUES; OPPORTUNITY SITES; 
LAND USE PRINCIPLE: Support reasonable levels of increased intensity, 
respectful of local conditions and surrounding neighborhoods. 
 
The proposal will allow for the redevelopment of the existing Isaac Preschool 
Campus and act as a buffer between the Esperanza Elementary School to the east 
and the single-family residences to the west thus being compatible with local 
conditions.  
 
 
CELEBRATE OUR DIVERSE COMMUNITIES AND NEIGHBORHOODS CORE 
VALUE; CLEAN NEIGHBORHOODS; LAND USE PRINCIPLE: Facilitate the 
acquisition of vacant, underutilized and blighted parcels for appropriate 
redevelopment, compatible with the adjacent neighborhood character and 
adopted area plans. 
 
The proposal to remove the Special Permit will allow for the underlying R-5 and C-3 
uses would facilitate the redevelopment of the underutilized property. The applicable 
development standards for the proposed zoning would allow for compatible 
redevelopment of the property.  
 
 
Applicable Plans, Overlays, and Initiatives 
Housing Phoenix Plan: See Background Item No. 6. 
 
Tree and Shade Master Plan: Background Item No. 7. 
 
Complete Streets Guidelines: Background Item No. 8. 
 
Zero Waste PHX: Background Item No. 9.

Staff Report: Z-36-22-4 
July 28, 2022 
Page 3 of 6 
 
Surrounding Land Uses and Zoning 
 
Land Use 
Zoning 
On Site 
Isaac Preschool Campus  
C-3 SP and R-5 SP   
North 
Restaurant and tire/auto 
service  
C-3   
South  
Church  
R-3 
East  
Esperanza Elementary School 
R-5 and C-3 
West  
Single-family residential, 
vacant parcels, and auto sales   
R1-6, R-3, R-3 SP and 
C-3  
 
Background/Issues/Analysis 
PROPOSAL  
1.  
This request is to remove the Special Permit on a 4.23-acre site located at the 
southwest corner of 31st Avenue and McDowell Road. The existing Special 
Permit, Z-SP-23-67, was for a school for the handicapped. After the Americans 
with Disabilities Act (ADA) was signed into law on 1990, it made the Special 
Permit for a school for the handicapped unenforceable and out of compliance. As 
a result, the City of Phoenix Planning Commission initiated the request to 
remove the special permit from the subject property. The request to remove the 
Special Permit would allow all underlying R-5 (Multifamily Residence District) 
and C-3 (General Commercial) uses. The Maryvale Village Planning Committee 
Chair waived the Special Permit removal case, thus resulting in an “Information 
Only” item on June 8. No specific redevelopment plan was submitted with this 
application.   
 
 
SUBJECT SITE AND HISTORY 
2. 
The north portion of the site has been 
zoned R-3, R-5 and C-3 since 1961, 
per the Zoning Map adopted by the 
Phoenix City Council (Ordinance G-
449). In 1965, Rezoning Case No. Z-
66-65 established the R-5 zoning on 
the south portion of the site. In 1971, 
Special Permit Z-SP-23-67 was 
approved to allow a school for the 
handicapped. The request was 
approved without stipulations.  
 
Figure A: 1961 Zoning Map (G-449) 
 
Source: City of Phoenix Planning and 
Development Department

Staff Report: Z-36-22-4 
July 28, 2022 
Page 4 of 6 
 
SURROUNDING LAND USES AND ZONING  
3.  
The Isaac Preschool Campus is 
currently located on the site. To the 
north, across McDowell Road, there is 
a tire/auto shop and restaurant zoned 
C-3. Esperanza Elementary School is 
located to the east, across 31st 
Avenue, zoned R-5 and C-3.  To the 
south is El Buen Camino Church zoned 
R-3. Single-family residences and an 
auto dealership are located to the west 
of the site zoned R1-6, R-3, R-3 SP 
and C-3 
 
Figure B: Site Context and Surrounding 
Land Uses 
 
Source: City of Phoenix Planning and 
Development Department  
 
 
 
GENERAL PLAN LAND USE MAP DESIGNATION 
4. 
The General Plan Land Use Map designation for the site is Public/Quasi-Public. 
The Public/Quasi-Public land use category identifies areas where institutional, 
cemetery, governmental, utility and airport uses are appropriate. The proposal to 
remove the Special Permit and allow all underlying C-3 and R-5 uses is not 
consistent with the General Plan Land Use Map designation, however a General 
Plan Amendment is not required for this request as the site is under 10 acres. 
 
Figure C: General Plan Land Use Map 
 
Source: City of Phoenix Planning and Development Department

Staff Report: Z-36-22-4 
July 28, 2022 
Page 5 of 6 
 
PROPOSAL 
5. 
The proposal is to remove the Special Permit to allow all underlying C-3 and R-5 
uses. Stipulations are not added to Special Permit removal request, therefore 
there are no stipulations recommended for this proposal.  
 
STUDIES AND POLICIES 
 
 
6. 
Housing Phoenix 
 
In June 2020, the Phoenix City Council approved the Housing Phoenix Plan. 
This Plan contains policy initiatives for the development and preservation of 
housing with a vision of creating a stronger and more vibrant Phoenix through 
increased housing options for residents at all income levels and family sizes. 
Phoenix’s rapid population growth and housing underproduction has led to a 
need for over 163,000 new housing units. Current shortages of housing supply 
relative to demand are a primary reason why housing costs are increasing. 
The proposal to allow all underlying C-3 and R-5 uses. The proposed zoning 
permits multifamily residential, which supports the Plan’s goal of preserving or 
creating 50,000 housing units by 2030 by contributing to a variety housing types 
that will address the supply shortage.  
 
 
7. 
Tree and Shade Master Plan 
The Tree and Shade Master Plan encourages treating the urban forest as 
infrastructure to ensure the trees are an integral part of the City’s planning and 
development process. Sidewalks on the street frontages should be detached 
from the curbs to allow trees to be planted on both sides of the sidewalk to 
provide thermal comfort for pedestrians and to reduce the urban heat island 
effect. Any proposed development would be required to comply with the Zoning 
Ordinance regarding landscaping and open space.    
 
 
8. 
Complete Streets Guidelines 
In 2014, the City of Phoenix City Council adopted the Complete Streets Guiding 
Principles. The principles are intended to promote improvements that provide an 
accessible, safe, connected transportation system to include all modes, such as 
bicycles, pedestrians, transit, and vehicles. Any proposed development would be 
required to comply with the Zoning Ordinance regarding all proposed 
transportation systems.  
 
 
9. 
Zero Waste PHX:  
The City of Phoenix is committed to its waste diversion efforts and has set a goal 
to become a zero-waste city, as part of the city’s overall 2050 Environmental 
Sustainability Goals. One of the ways Phoenix can achieve this is to improve and 
Section 716 of the Phoenix Zoning Ordinance expand its recycling and other 
waste diversion programs. The provision of recycling containers was not 
addressed in the applicant’s submittals.

Staff Report: Z-36-22-4 
July 28, 2022 
Page 6 of 6 
 
COMMUNITY INPUT SUMMARY 
10. At the time this staff report was written, staff has not received any community 
correspondence in support or opposition 
 
Findings 
 
 
1. 
The Special Permit Z-SP-23-67 for a school for the handicapped is 
unenforceable and out of compliance with the Americans with Disabilities Act.  
 
 
2. 
The proposal will provide a buffer and an appropriate transition from the 
commercial uses along McDowell Road to the existing single-family 
neighborhood to the west and south. 
 
 
3. 
The proposal will allow for additional housing opportunities in the Village and will 
help alleviate the housing crisis.  
 
Writer 
Nayeli Sanchez Luna  
July 28, 2022  
 
Team Leader 
Racelle Escolar  
 
Exhibits 
Aerial/Zoning Map (2 pages)  
Special Permit Removal Memo from Planning Commission (2 pages)

To: 
City of Phoenix Planning Commission 
Date: April 6, 2022 
 
 
From: 
Tricia Gomes 
Special Projects Administrator 
Subject: Item No. 12 – Request to initiate a rezoning application to remove a Special 
Permit for a School for the Handicapped (Z-SP-23-67) from the southwest corner 
of 31st Avenue and McDowell Road 
 
This memo is a request to initiate a rezoning application to remove a Special Permit for 
a School for the Handicapped (Z-SP-23-67) from the southwest corner of 31st Avenue 
and McDowell Road. The Special Permit for a school for the handicapped is 
unenforceable and out of compliance with the Americans with Disabilities Act.  
 
 
Attachment:  
Aerial/Zoning Map

R-3
R1-6
C-3
R-3
IND.PK.
R-4
R1-6
R-5
R-5 SP*
P-1*
R-3
C-3*
R1-6
R1-6
R-3 SP*
R-3
C-3 SP*
R-4
33RD AVE
BELLEVIEW ST
MCDOWELL 
RD
I10 RMP
30TH AVE
30TH LN
LYNWOOD ST
WILLETTA 
ST
CULVER ST
32ND AVE
31ST AVE
29TH DR
30TH DR
§¨¦
10
Planning & Development Department
Southwest corner of 31st Avenue and McDowell Road
´
0
600
300
Feet

Z-SP-23-67
Z-10-05
Z-11-91
Z-11-91
Z-SP-23-67
Z-SP-23-67
Z-SP-23-67
Z-11-05
*
*
*
*
*
R1-6
R1-6
R-3
R-3
R-3
C-3
R1-6
P-1
R-5 SP
C-3 SP
R1-6
C-3
IND.PK.
IND.PK.
R-3 SP
R-5
R-3
R-4
R1-6
R-4
31ST AVE
33RD AVE
BELLEVIEW ST
30TH AVE
29TH DR
30TH LN
30TH DR
I10 RMP
LYNWOOD ST
ALMERIA RD
WILLETTA ST
CULVER ST
CORONADO RD
MCDOWELL RD
32ND AVE
10
MC DOWELL RD
107TH AVE
99TH AVE
91ST AVE
83RD AVE
75TH AVE
67TH AVE
59TH AVE
51ST AVE
43RD AVE
35TH AVE
27TH AVE
THOMAS RD
INDIAN SCHOOL RD
CAMELBACK RD
GRAND AVE
SR 1
0
1
MARYVALE VILLAGE
CITY COUNCIL DISTRICT: 4
APPLICANT'S NAME:
APPLICATION NO. Z-36-22
GROSS AREA INCLUDING 1/2 STREET
AND ALLEY DEDICATION IS APPROX.
4.23 Acres
MULTIPLES PERMITTED
*   Maximum Units Allowed with P.R.D. Bonus
C-3 SP, R-5 SP
C-3, R-5
CONVENTIONAL OPTION
14, 142
*   UNITS P.R.D. OPTION
16, 171
16, 171
City of Phoenix Planning Commission
DATE:
5/27/2022
REVISION DATES:
AERIAL PHOTO &
QUARTER SEC. NO.
QS 12-21
ZONING MAP
G-6
REQUESTED CHANGE:
FROM: C-3 SP ( 0.95 a.c.)
R-5 SP ( 3.28 a.c.)
TO:
C-3 ( 0.95 a.c.)
R-5 ( 3.28 a.c.)
Document Path: S:\Department Share\Information Systems\PL GIS\IS_Team\Core_Functions\Zoning\sketch_maps\2022\Z-36-22.mxd
Z-36-22
0.06
0
0.06
0.03
Miles
14, 142

Z-SP-23-67
Z-10-05
Z-11-91
Z-11-91
Z-SP-23-67
Z-SP-23-67
Z-SP-23-67
Z-11-05
*
*
*
*
*
R1-6
R1-6
R-3
R-3
R-3
C-3
R1-6
P-1
R-5 SP
C-3 SP
R1-6
C-3
IND.PK.
IND.PK.
R-3 SP
R-5
R-3
R-4
R1-6
R-4
31ST AVE
33RD AVE
BELLEVIEW ST
30TH AVE
29TH DR
30TH LN
30TH DR
I10 RMP
LYNWOOD ST
ALMERIA RD
WILLETTA ST
CULVER ST
CORONADO RD
MCDOWELL RD
32ND AVE
10
mapservices@phoenix.gov
MC DOWELL RD
107TH AVE
99TH AVE
91ST AVE
83RD AVE
75TH AVE
67TH AVE
59TH AVE
51ST AVE
43RD AVE
35TH AVE
27TH AVE
THOMAS RD
INDIAN SCHOOL RD
CAMELBACK RD
GRAND AVE
SR 1
0
1
MARYVALE VILLAGE
CITY COUNCIL DISTRICT: 4
APPLICANT'S NAME:
APPLICATION NO. Z-36-22
GROSS AREA INCLUDING 1/2 STREET
AND ALLEY DEDICATION IS APPROX.
4.23 Acres
MULTIPLES PERMITTED
*   Maximum Units Allowed with P.R.D. Bonus
C-3 SP, R-5 SP
C-3, R-5
CONVENTIONAL OPTION
14, 142
*   UNITS P.R.D. OPTION
16, 171
16, 171
City of Phoenix Planning Commission
DATE:
5/27/2022
REVISION DATES:
AERIAL PHOTO &
QUARTER SEC. NO.
QS 12-21
ZONING MAP
G-6
REQUESTED CHANGE:
FROM: C-3 SP ( 0.95 a.c.)
R-5 SP ( 3.28 a.c.)
TO:
C-3 ( 0.95 a.c.)
R-5 ( 3.28 a.c.)
Document Path: S:\Department Share\Information Systems\PL GIS\IS_Team\Core_Functions\Zoning\sketch_maps\2022\Z-36-22.mxd
Z-36-22
0.06
0
0.06
0.03
Miles
14, 142