Item 61 - Back-Up Memo.pdf

City of Phoenix — Formal (2022-06-01)

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City of Phoenix

PLANNING AND DEVELOPMENT DEPARTMENT

To: Alan Stephenson Date: May 27, 2022
Deputy City Manager
Planning and Development Director

From: Joshua Bednar
Planning and Development Deputy Director

Subject: ITEM 61 ON THE JUNE 1, 2022 FORMAL AGENDA — REZONING
APPLICATION Z-77-21-7 —- SOUTHEAST CORNER OF 75TH AVENUE AND
BROADWAY ROAD (ORDINANCE G-6994)

Item 61, Rezoning Application Z-77-21-7, is a request to rezone 39.69 acres located at the
southeast corner of 75th Avenue and Broadway Road, from PUD (Planned Unit
Development) to R1-10 (Single-Family Residence District) to allow single-family
residential.

The Estrella Village Planning Committee heard the case on April 19, 2022 and
recommended approval, per the staff recommendation by a vote of 6-0. On April 29, 2022,
staff issued the Addendum A Staff Report to include a recommended modification to
Stipulation No.1 regarding a minimum lot depth applicable to lots along the eastern
perimeter of the site. This modification was prompted by a revised site plan submitted by
the applicant depicting a decrease in the number of lots from 159 to 152 on the subject
site. Furthermore, the updated site plan depicts a change in the lot layout and an increase
in the landscape setback width along the 75th Avenue alignment consistent with
recommended Stipulation No. 3.

The case was heard by the Planning Commission on May 5, 2022, where there was no
one registered to speak on the item other than the applicant. The recommended
stipulations per the Addendum A Staff Report were inadvertently not presented at the
Planning Commission meeting. Therefore, the Planning Commission recommended
approval of the requested zoning, per the Estrella Village Planning Committee
recommendation by a vote of 8-0.

The applicant appealed the Planning Commission recommendation in order to consider
the stipulations recommended as part of the Addendum A Staff Report, as reflected in the
stipulations below. The updates from Addendum A are in bold font.

Staff recommends approval, subject to the following stipulations:

1. Lots within-30-feet-of WITH A REAR LOT LINE ALONG the eastern perimeter
propertytine OF THE SITE shall be a minimum of 140 feet in depth.

Z-77-21-7 Backup Memo
May 27, 2022
Page 2 of 5

2.

A minimum 15-foot-wide landscape setback shall be provided along the eastern
perimeter property line (s), as approved by the Planning and Development
Department.

A minimum 30-foot-wide landscape setback shall be provided along the
western perimeter property line(s) along the 75th Avenue alignment, as
approved by the Planning and Development Department.

A minimum 10-foot-wide, average 15-foot, landscape setback shall be provided
along the south perimeter property line(s) abutting the State Route (SR) 30
freeway, planted with large evergreen trees to provide a minimum 30-foot
vertical screen at maturity, as approved by the Planning and Development
Department.

The required landscape setbacks shall be planted with minimum 75 percent 2-
inch caliper and 25 percent 3-inch caliper large canopy drought-tolerant trees,
20 feet on center or in equivalent groupings, and five 5-gallon shrubs per tree,
as approved by the Planning and Development Department. Except that
landscaping along arterial streets shall conform with the Estrella Village Arterial
Street Landscaping Program landscape palette and landscaping standards in
the Estrella Village, as approved by the Planning and Development
Department. Where utility conflicts exist, the developer shall work with the
Planning and Development Department on alternative design solutions
consistent with a pedestrian environment.

Residential lots shall be a minimum 150 feet from the south perimeter property
line abutting the State Route (SR) 30 freeway alignment, as approved by the
Planning and Development Department.

A perimeter wall no less than 6 feet in height shall be provided along the south
perimeter of the site adjacent to the State Route (SR) 30 freeway alignment.
This wall shall include material and textural differences, such as stucco and/or
split face block with a decorative element, such as tile or stamped designs, as
approved by the Planning and Development Department.

An open space area shall be provided directly across the vehicular entrance
from Broadway Road into the development, as approved by the Planning and
Development Department.

All sidewalks within the development shall be detached with a minimum five-
foot-wide landscaped strip located between the sidewalk and back of curb and
shall include minimum 2-inch caliper single trunk shade trees planted at a rate
of one tree per lot or a minimum of 20 feet on center or equivalent groupings
where adjacent to open space areas, as modified and approved by the
Planning and Development Department. Where utility conflicts exist, the
developer shall work with the Planning and Development Department on
alternative design solutions consistent with a pedestrian environment.

Z-77-21-7 Backup Memo
May 27, 2022
Page 3 of 5

10.

11.

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13.

14.

15.

16.

17.

The sidewalk along Broadway Road shall be a minimum of five feet in width
and detached from the curb, consistent with the City of Phoenix Street
Classification Map and planted to the following standards, as approved by the
Planning and Development Department.

a. Drought tolerant vegetation to achieve 75 percent live coverage at
maturity.
b. The landscape palette and planting standards, unless otherwise provided

herein, shall conform with the Estrella Village Arterial Street Landscaping
Program requirements for arterial streets.

Where utility conflicts exist, the developer shall work with the Planning and
Development Department on alternative design solutions consistent with a
pedestrian environment.

The developer shall dedicate a multi-use trail easement (MUTE) along the east
side of the 75th Avenue alignment in accordance with the MAG supplemental
detail, as approved by the Planning and Development Department. The
developer shall work with the Site Planning section on an alternate design for
this requirement through the technical appeal process.

The developer shall construct one bus stop pad on this site on eastbound
Broadway Road. The bus stop pad shall be constructed according to City of
Phoenix Standard Detail P1260 with a minimum depth of 10 feet and shall be
spaced from the intersection of 75th Avenue according to City of Phoenix
Standard Detail P1258.

The developer shall dedicate minimum 55 feet of right-of-way and construct the
south side of Broadway Road, as approved by the Planning and Development
Department.

The developer shall construct a minimum 14-foot-wide landscaped median
along Broadway Road, as approved by the Street Transportation Department.

Access control to Broadway Road shall meet current Street Transportation
Planning and Design Guidelines.

The developer shall dedicate a tract for the east side of 75th Avenue of
sufficient width necessary to accommodate a City “D” Section Arterial Roadway
for the purposes of conditional right-of-way for the future 75th Avenue
alignment, as approved by the Planning and Development Department.

Access to existing MCDOT roadways shall require approval from Maricopa
County.

Z-77-21-7 Backup Memo
May 27, 2022
Page 4 of 5

18.

19.

20.

21.

22.

23.

24.

25.

The developer shall submit a Traffic Impact Statement (TIS) to the City and
MCDOT for this development. No preliminary approval of plans shall be granted
until the study is reviewed and approved by the City and MCDOT. The TIS shall
include signal warrant analysis for the intersection of 75th Avenue and
Broadway. Prior to final site plan approval, the applicant will contribute 25-
percent to the traffic signal at 75th Avenue and Broadway Road to the
appropriate jurisdiction.

The developer shall underground all existing electrical utilities within the City
public right-of-way that are impacted or must be relocated as part of the project.

Existing irrigation facilities along Broadway Road are to be undergrounded and
relocated outside of City right-of-way. Contact SRP to identify existing land
rights and establish appropriate process to relocate facility. Relocations that
require additional dedications or land transfer require completion prior to
obtaining plat and/or civil plan review approval.

The developer shall construct all City streets within and adjacent to the
development with paving, curb, gutter, sidewalk, curb ramps, streetlights,
median islands, landscaping and other incidentals, as per plans approved by
the Planning and Development Department. Adjacent street improvements
shall apply to Broadway Road only. All improvements shall comply with all ADA
accessibility standards.

Prior to final site plan approval, the property owner shall record documents that
disclose to purchasers of property within the development the existence and
operational characteristics of existing mining operations in the area. The form
and content of such documents shall be reviewed by the City prior to
recordation.

Prior to final site plan approval, the property owner shall record documents that
disclose to purchasers of property within the development the existence and
operational characteristics of agricultural uses. These documents must advise
purchasers that, under Section 3-112(E), Arizona Revised Statutes, the City of
Phoenix may not declare an agricultural operation conducted on farmland to be
a nuisance if the agricultural use is lawful, customary, reasonable, safe and
necessary to the agriculture industry. The form and content of such documents
shall be reviewed and approved by the City prior to recordation.

Prior to final site plan approval, the property owner shall record documents that
disclose to purchasers of property within the development the preferred
alignment and operational characteristics of the State Route 30 or SR-30
freeway. The form and content of such documents shall be reviewed by the City
prior to recordation.

If determined necessary by the Phoenix Archeology Office, the applicant shall
conduct Phase | data testing and submit an archaeological survey report of the

Z-77-21-7 Backup Memo
May 27, 2022
Page 5 of 5

26.

27.

28.

development area for review and approval by the City Archeologist prior to
clearing and grubbing, landscape salvage, and/or grading approval.

If Phase | data testing is required, and if, upon review of the results from Phase
| data testing, the City Archeologist, in consultation with a qualified archeologist,
determines such data recovery excavations are necessary, the applicant shall
conduct Phase II archeological data recovery excavations.

In the event archeological materials are encountered during construction, the

developer shall immediately cease all ground-disturbing activities within a 33-
foot radius of the discovery, notify the City Archeologist, and allow time for the
Archeology Office to properly assess the materials.

Prior to preliminary site plan approval, the landowner shall execute a
Proposition 207 Waiver of Claims forms. The waiver shall be recorded with the
Maricopa County Recorder’s Office and delivered to the City to be included in
the rezoning application file for record.

Enclosures:
Conceptual Site Plan date stamped April 27, 2022

Approved: _ wet

Alan Stephenson 7
Deputy City Manager/Planning and Development Director

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