Attachment B - VPC Summary PHO-1-21--Z-47-07-1_RV

City of Phoenix — Formal (2021-05-19)

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City of Phoenix • Planning & Development Department 
200 West Washington Street, 3rd Floor • Phoenix, Arizona  85003-1611 • (602) 262-6882 
Village Planning Committee Meeting Summary 
PHO-1-21—Z-47-07-1 
Date of VPC Meeting 
April 13, 2021 
Planning Hearing Officer 
Hearing Date 
April 21, 2021 
Request 
1) Review of conceptual site plan and elevations by the
Planning Hearing Officer per Stipulation 1.
2) Modification of Stipulation 2 regarding approval of a
comprehensive sign plan.
Location 
Approximately 775 feet north of the northwest corner of 
I-17 and Old West Trail
VPC Recommendation 
Denial 
VPC Vote 
4-2
VPC DISCUSSION & RECOMMENDED STIPULATIONS:
1 person in opposition indicated that they wished to speak. 
Julianna Pierre provided information regarding the location of the site and the 
surrounding zoning.  She indicated that the original commercial development proposed 
in 2007 was intended to provide a buffer between the interstate and residential 
development to the west.  She noted that there were no specific plans in 2007 and a 
stipulation was included requiring conceptual site plans and elevations to be reviewed 
and approved through the Planning Hearing Officer (PHO) process. She stated that the 
proposed development is a 191-unit, gated, casita-style residential community.  She 
noted that primary access would be from 43rd Avenue and secondary access from the 
Iinterstate-17 (I-17) frontage road.  She added that the development will provide three 
main styles for their elevations.  
Julianna Pierre stated that in addition to submitting plans for review and approval, the 
applicant is requesting to modify Stipulation 2, regarding approval of a comprehensive 
sign plan. 
ATTACHMENT B

City of Phoenix • Planning & Development Department 
200 West Washington Street, 3rd Floor • Phoenix, Arizona  85003-1611 • (602) 262-6882 
Brennan Ray, representing NexMetro Communities, stated that the current zoning 
permits the proposed multifamily use and that the project was going through the PHO 
process to comply with a stipulation and request a modification.  He added that he was 
aware of community concerns and held a neighborhood meeting on March 31, 2021 to 
discuss the project.  He added that during the meeting there were general questions 
about the development, traffic, and the intersection of 43rd Avenue and Anthem Way. 
 
Brennan Ray provided a summary about the type of residents that the community will 
attract.  He stated that most will be older, single residents who previously lived in a 
single-family home.  He added that, on average, there would be two children per ten 
households.  He clarified that this information was based on the almost 2,000 units that 
NexMetro has constructed in Maricopa County. 
 
Brennan Ray stated that there would be a courtyard layout with one, two, and three-
bedroom units.  He added that units would have private, landscaped backyards.  He 
stated that there would be a total of 191 residences with a central amenity area, primary 
access from 43rd Avenue, and secondary access from the I-17 frontage road.  He 
stated that the development would have three architectural styles, which are all 
consistent with Stipulation 1, regarding review and approval of a site plan and 
elevations.  He added that the development has taken the Rio Vista Design Guidelines 
into account.  He stated that the development meets specific guidelines, citing desert 
tone colors, more than one point of ingress and egress, large building setbacks from I-
17, decorative walls, four-sided architecture, varying rooflines, and multiple floorplans 
with various façades.  He stated that there are various amenities throughout the 
development that are connected by sidewalks.  He stated that information will be 
provided to residents notifying them that Anthem facilities are private.   
 
Brennan Ray stated that the right-of-way at 43rd Avenue and Anthem Way has been 
acquired and improvements are planned to begin in May or June of 2021.  He added 
that the development will have little to no impact on the level of service at the 
intersection of 43rd Avenue and Anthem Way.   
 
Brennan Ray discussed the emergency response times for both police and fire 
services.  He stated that a mutual aid policy exists between the Maricopa County Sheriff 
Office and the Phoenix Police Department and both provide emergency assistance to 
each other along the jurisdictional borders.  He added that primary emergency response 
to fires in the north Phoenix area is provided by the Daisy Mountain Fire District based 
on an automatic aid agreement that includes twenty different fire departments and 
districts valley wide.  He stated that the Phoenix Fire Department anticipates a new fire 
station in the 43rd Avenue and Circle Mountain Road area.  He added that the proposed 
development will generate approximately $1.5 million in impact fees, some of which will 
be distributed to fire, police, and parks. 
 
Judy Lorch stated that the development will have some children.  She asked where the 
children would be attending school.  Brennan Ray stated that there have been no 
discussions with the school district, and he was unsure of which school children would 
attend.  Judy Lorch asked about access via the I-17 frontage road.  Brennan Ray 
stated that northbound travel is permitted from Anthem Way to Old West Trail and north 
and southbound travel is permitted north of Old West Trail.

City of Phoenix • Planning & Development Department 
200 West Washington Street, 3rd Floor • Phoenix, Arizona  85003-1611 • (602) 262-6882 
Loyd Nygaard stated that he was thankful that the developer researched and 
attempted to meet the desires of the Village.  He added that if he were to vote on this 
item, he would require additional direction discussing the need for improvements for the 
frontage road west of I-17, the intersection of Anthem Way and 41st Drive, and Old 
West Trail.  He clarified that all these locations create tremendous traffic hazards.  
Brennan Ray stated that the site did go through the development preapplication 
process and did not receive any major comments related to traffic.  He reiterated that 
the City is intending to make improvements to 43rd Avenue beginning in May or June 
2021.  He added that the proposed residential use would also generate less traffic than 
a commercial use. 
 
Will Holton asked for clarification regarding the name of the development.  Brennan 
Ray clarified that the name was Avilla Vista Norte and Avilla was intended to be short 
for “a village”. 
 
Ozzie Virgil asked if the property was under escrow.  Brennan Ray stated that 
NexMetro is in escrow to acquire the property.  Ozzie Virgil asked if NexMetro intended 
to acquire other properties in the area.  He added that the Village was trying to create a 
balance between high and low density in the area.  Brennan Ray stated that NexMetro 
did not intend to purchase other properties or build similar projects in the area. 
 
Steven Scharboneau asked if both points of ingress and egress would be accessible to 
residents at all times.  Brennan Ray stated that both entrances would be gated, but 
accessible to residents twenty-four hours, seven days a week. 
 
Terry Mullarkey, executive director for the Anthem Community Council, stated that 
Anthem is opposed to the development.  He added that he was disappointed that the 
multifamily development does not comply with the Rio Vista Village Design Guidelines.  
He stated that from experience he knew that the impact fees would not be seen north of 
Happy Valley Road.  He added that the I-17 frontage road does not go north or south, 
but dead ends in both directions.  He clarified that traffic exiting the proposed 
development would need to exit 43rd Avenue.  He also expressed concerns regarding 
43rd Avenue and stated that the planned improvements would not be adequate.  He 
added that emergency access would also be an issue unless the I-17 frontage road was 
improved. 
 
Brennan Ray stated that the Rio Vista Village Design Guidelines do not have specific 
parameters for hybrid developments that fall between traditional multifamily and 
traditional single-family. He stated that the guidelines were reviewed, and the developer 
attempted to satisfy those design guidelines to the best of their ability.  He reiterated 
that this item is a PHO request and that the development meets the applicable 
stipulations. 
 
Brennan Ray stated that the City did not ask the developer to contribute to the 
widening or improvements at 43rd Avenue and Anthem Way because the funding was 
met through a prior case.  He added that 43rd Avenue did have an appropriate level of 
service, despite perhaps having a few seconds added to wait times.  He stated that in 
an emergency the I-17 frontage road can allow for two-way traffic per ADOT mandate.  
He added that local law enforcement would control the two-way traffic.

City of Phoenix • Planning & Development Department 
200 West Washington Street, 3rd Floor • Phoenix, Arizona  85003-1611 • (602) 262-6882 
Steven Scharboneau stated that he understands that this is not a rezoning case, but 
the density is not what the community wants to see in this area.  He added that it would 
be important for the Village Planning Committee to create guidelines for developments 
that fall between traditional multifamily and traditional single-family.  Will Holton agreed 
with Steven Scharboneau. He added that the development is too dense. 
 
Ozzie Virgil stated that this type of development is not what was envisioned for the 
area.  He reiterated that there needs to be a balance of high and low density in the 
Village.  He stated that the development will exacerbate existing issues in the area.  He 
clarified that he is not anti-development, but feels any proposed development needs to 
be sensible.   
 
Loyd Nygaard stated that while he had issues with the density, he believed that this 
was a PHO case and should be voting on whether the proposed development meets the 
appropriate stipulations.  Chair Massimo Sommacampagna clarified that this not a 
rezoning case or a land use issue.  He stated that they should determine whether the 
elevations and site plan conform to the listed stipulations.  He added that multifamily is 
permitted in the C-2 zoning district.  Steven Scharboneau stated that their 
recommendation is based on community input and that recommendation will be 
provided to the PHO.  Will Holton stated the Village Planning Committee (VPC) is the 
voice of the community and their comments and concerns should be considered.   
 
MOTION: Judy Lorch made a motion to approve PHO-1-21—Z-47-07.  The motion 
was seconded by Chair Massimo Sommacampagna. 
 
VOTE: 2-4 with Committee Members Sommacampagna and Lorch in favor and 
Committee Members Scharboneau, Holton, Nygaard, and Virgil in opposition.  This 
motion failed. 
 
Will Holton asked for clarity on the semantics of the motion.  Steven Scharboneau 
asked whether the intent behind the recommendation is forwarded with the 
recommendation.  Samantha Keating clarified that the recommendation from the 
committee would include a summary of the commentary. 
 
Will Holton stated that the motion should include language that requires less density 
and input from the City, Maricopa County, and ADOT regarding traffic issues.  Steven 
Scharboneau and Ozzie Virgil agreed that this was outside the purview of the 
Committee.  Samantha Keating clarified that the applicant is proposing review of the 
site plan and elevations, so the committee can make additional modifications within that 
context.  Brennan Ray clarified that the stipulations focus primarily on design.  Will 
Holton stated that the design does not meet Rio Vista’s Design Guidelines.   
 
MOTION: Steven Scharboneau made a motion to deny PHO-1-21—Z-47-07.  The 
motion was seconded by Will Holton. 
 
VOTE: 4-2 with Committee Members Scharboneau, Holton, Nygaard, and Virgil in favor 
and Committee Members Sommacampagna and Lorch in opposition. 
 
STAFF COMMENTS REGARDING VPC RECOMMENDATION & STIPULATIONS: 
 
None.