Attachment B - VPC Rec Form - PHO-4-21--Z-81-05-7(8).pdf

City of Phoenix — Formal (2021-04-21)

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City of Phoenix • Planning & Development Department 
200 West Washington Street, 3
rd Floor • Phoenix, Arizona  85003-1611 • (602) 262-6882 
 
Village Planning Committee Meeting Summary 
PHO-4-21—Z-81-05-7(8) 
 
 
Date of VPC Meeting 
March 15, 2021 
Planning Hearing Officer 
Hearing Date 
March 17, 2021 
Request 
1) Modification of Stipulation 1 regarding general 
conformance to the site plan date stamped 
September 23, 2005. 
2) Modification of Stipulation 1.b limiting the 
maximum number of lots to 59. 
3) Modification of Stipulation 2 regarding general 
conformance to elevations date stamped May 26, 
2005. 
4) Modification of Stipulation 2.a requiring homes to 
include covered entrances. 
5) Modification of Stipulation 4 requiring a 
landscaped entry feature. 
6) Modification of Stipulation 5 regarding side yard 
setbacks on Lots 31 and 32. 
7) Modification of Stipulation 6 regarding a 12-inch 
roof overhang. 
8) Deletion of Stipulation 18 regarding right-of-way 
and a transit pad along Southern Avenue. 
9) Deletion of Stipulation 19 regarding right-of-way 
and a transit pad along 35th Avenue. 
10)Deletion of Stipulation 20 regarding right-of-way 
and a bus-bay along Southern Avenue. 
11)Modification of Stipulation 22 limiting minimum lot 
width to 50 feet. 
12)Technical corrections to Stipulations 3, 8, 9, and 
16. 
Location 
Approximately 170 feet east of the southeast corner of 
35th Avenue and Southern Avenue 
VPC Recommendation 
Approval with additional stipulations 
VPC Vote 
6-4 
 
 
 
 
 
 
Attachment B

City of Phoenix • Planning & Development Department 
200 West Washington Street, 3rd Floor • Phoenix, Arizona 85003-1611 • (602) 262-6882 
VPC DISCUSSION & RECOMMENDED STIPULATIONS: 
 
Ms. Sofia Mastikhina, staff, provided an overview of the project location, current 
zoning, stipulated and proposed site plan and elevations, and the stipulation 
modification requests. 
 
Mr. Adam Baugh, representative, provided an overview of the request, which is to 
modify stipulations of entitlement for this property to allow a multifamily residential 
development. He outlined the location, zoning, and condition of surrounding properties. 
He explained that there is an oversupply of commercial uses at this intersection and this 
project will bring more housing options to Laveen. The requested stipulation 
modifications are necessary to accommodate the multifamily project, as the original 
case was intended for commercial and single-family residential. The open space 
provided is far above minimum requirement and the pplicant has incorporated several 
design features recommended by the Chair and Vice Chair, as well as from the Laveen 
Southwest Growth Study. Finally, the project will add to Phoenix housing stock and will 
further the goals of the Housing Phoenix plan. 
 
Ms. Jennifer Rouse expressed concern with the lack of a lighting plan and the traffic 
circulation. She asked what the maturity of the trees planted along Southern Avenue will 
be and how long will it take for them to grow large enough to buffer the units fronting the 
street. She also expressed concern with parking throughout the development, outside 
the garages, and asked if there will be any enforcement of cars blocking the garages. 
She also stated that she’d like to see the open space more spread out throughout the 
site. Mr. Baugh replied that on average, trees take a minimum of five years to reach a 
more mature size after planting. However, the intent of the Southern Avenue frontage is 
not to shield residents from the street, but rather to engage with the street and create a 
pedestrian-oriented environment. This is why this frontage was designed with units 
fronting the street and ground floor patios. 
 
Mr. Carlos Ortega expressed concerns with this townhome development turning into a 
rental community. and proposed that the developer limit a maximum of 25 percent of the 
units to be permitted as rentals. Chair Tonya Glass explained that this entire 
development is a rental community. Mr. Ortega suggested that the applicant change 
the name from “townhomes,” as this indicates a for sale product. He also stated that the 
driveways must be long enough to accommodate pick up trucks. Further, he expressed 
concern with the noise impact of the neighboring auto servicing store to the west and 
requested that the developer disclose this nearby use to potential residents. 
 
Vice Chair Linda Abegg stated that she’d like to incorporate the improvements made 
to the plan into stipulations. She also suggested that the green space be more equitably 
distributed throughout the site and that a deceleration lane be constructed at the 
Southern Avenue entrance. She praised the two points of entry into the community and 
asked if it will be gated. She also asked if the applicant could present a landscape plan 
to the committee. Mr. Baugh replied that this will be a gated community. He stated that 
the open space provided far exceeds the city requirements, but that he can discuss 
adding another open space area on the southeastern portion of the site with the 
developer. He agreed to incorporating stipulations addressing the improvements made 
per the Vice Chair’s recommendations.

City of Phoenix • Planning & Development Department 
200 West Washington Street, 3rd Floor • Phoenix, Arizona 85003-1611 • (602) 262-6882 
1. Is this an affordable housing project? 
 
Applicant response: This is a townhome-style rental community that will be owned by a 
single entity. Rentals will be at market rate and are not government subsidized. 
 
PUBLIC COMMENT 
 
Mr. Phil Hertel expressed concern with removing the potential for a commercial 
development and replacing it with more residential units, with the exacerbation of traffic 
problems at this intersection, and with the limited access on the 35th Avenue driveway, 
suggesting that it provide both entry and exit access. He also noted that the corners or 
the front elevations look blank and need some embellishments, and that the patios 
should be on the second story and not on the ground floor facing Southern as proposed. 
 
Mr. Dan Penton asked what the business model for the townhomes will be, and echoed 
Mr. Ortega’s concerns with third-party rental units. He expressed concern with the 
placement of the open space next to the neighboring auto service store, the lack of 
buffering along the western property line, and the placement of ground floor patios 
facing Southern Avenue, which will invite criminal activity. He also expressed concern 
with the lack of a lighting plan. 
 
Chair Glass agreed with the concerns regarding ground-floor patios facing Southern 
Avenue, suggested that there be fewer units and more open space, and expressed 
concern with constant vehicular traffic along the central drive aisle, noting that residents 
from the eastern portion of the development would have to worry about vehicles when 
trying to reach the open space on the west side. She also pointed out the high incidence 
of traffic accidents in this area, which the proposed access points must take into 
account. She also noted that additional landscaping is needed along the southern 
property line to buffer existing single-family homes to the south. 
 
Ms. Sharifa Rowe asked if this will be an affordable housing project. Mr. Baugh 
explained that this will be a market-rate townhome-style rental community. He added 
that the access on Southern Avenue remains unchanged from the originally approved 
commercial plan, that facing units towards the streets is beneficial to a pedestrian-
friendly environment, and that the developer is willing to distribute the open space 
throughout the site, mainly on the southern portion of the site. 
 
VPC RECOMMENDATION & STIPULATIONS: 
 
MOTION:  
 
Vice Chair Abegg made a motion to approve this request with additional stipulations. 
Committee member Estela seconded the motion. 
 
VOTE: 
6-4 with committee members Abegg, Branscomb, Estela, Flunoy, Harlin, and Ortega in 
favor, and committee members Glass, Hurd, Rouse, and Rowe in opposition. 
 
*** 
 
VPC recommended additional stipulations are as follows:

City of Phoenix • Planning & Development Department 
200 West Washington Street, 3rd Floor • Phoenix, Arizona 85003-1611 • (602) 262-6882 
 
Additions to Stipulation No. 1 regarding general conformance to the site plan: 
 
1C. THAT THE MULTIFAMILY RESIDENTIAL DEVELOPMENT SHALL HAVE A 
MAXIMUM OF 133 UNITS. 
 
1D. THE DEVELOPMENT SHALL PROVIDE A MINIMUM OF 21 PERCENT OPEN 
SPACE. 
 
1E. THE MULTIFAMILY RESIDENTIAL DEVELOPMENT SHALL BE GATED. 
 
1F. DRIVEWAYS SHALL BE A MINIMUM OF 22 FEET IN LENGTH. 
 
1G. THE 35TH AVENUE DRIVEWAY SHALL ALLOW BOTH INGRESS AND EGRESS. 
 
1H. THE MAIN OPEN SPACE AMENITY AREA SHALL BE LOCATED DIRECTLY 
EAST OF THE EXISTING AMCO SITE ON 35TH AVENUE. 
 
1I. SPEED BUMPS SHALL BE USED FOR SPEED MITIGATION WITHIN THE 
DEVELOPMENT. 
 
Additions to Stipulation No. 2 regarding general conformance to the elevations: 
 
2C. ALL EXPOSED BUILDING FACADES SHALL HAVE A MINIMUM OF 25 
PERCENT ACCENT MATERIAL. 
 
2D. ROOFLINE SHALL BE ARTICULATED AT LEAST EVERY 45 FEET. 
 
2E. PATIOS FACING SOUTHERN AVENUE SHALL BE ON THE SECOND FLOOR. 
 
Other additional stipulations: 
 
26. THE LANDSCAPE SETBACK ALONG SOUTHERN AVENUE SHALL BE PLANTED 
WITH A MINIMUM 50 PERCENT 3-INCH CALIPER TREES, AND MINIMUM 25 
PERCENT 2-INCH CALIPER TREES. 
 
27. TREES SHALL BE PLANTED ALONG THE SOUTHERN PROPERTY LINE.