Attachment B - Staff Report - Z-68-22-6.pdf

City of Phoenix — Formal (2023-03-01)

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Staff Report Z-68-22-6 
December 19, 2022  
Ahwatukee Foothills Village Planning 
Committee Meeting Date: 
December 19, 2022 
Planning Commission Hearing Date: 
January 5, 2023 
Request From: 
CP/GCP (Commerce Park District, 
General Commerce Park Option) 
(14.33 acres) 
Request To: 
C-2 HGT/WVR DNS/WVR
(Intermediate Commercial, Height 
Waiver, Density Waiver) (14.33 acres) 
Proposed Use: 
Multifamily residential with a height and 
density waiver 
Location: 
Approximately 1,500 feet south of the 
southeast corner of 50th Street and 
Ray Road 
Owner: 
P8 Phoenix Foothills, LLC 
Applicant: 
Dennis M. Newcombe, Gammage & 
Burnham, PLC 
Representative: 
Manjula M. Vaz, Gammage & Burnham, 
PLC 
Staff Recommendation: 
Approval, subject to stipulations 
General Plan Conformity 
General Plan Land Use Map Designation 
Mixed Use (Commercial / Commerce / 
Business Park) 
Street Map 
Classification 
50th Street 
Minor 
Collector 
33-foot east half street
Attachment B

Staff Report: Z-68-22-6 
December 19, 2022 
Page 2 of 14 
 
CELEBRATE OUR DIVERSE COMMUNITY AND NEIGHBORHOODS CORE 
VALUE; DIVERSE NEIGHBORHOODS; LAND USE PRINCIPLE: Include a mix of 
housing types and densities where appropriate within each village that support 
a broad range of lifestyles. 
 
The requested C-2 HGT/WVR DNS/WVR zoning district will allow for multifamily uses 
and support a new housing type on a site that is appropriately located along an 
existing freeway and within an employment center.  
  
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 requested C-2 HGT/WVR DNS/WVR zoning district will allow redevelopment of 
an underused site into a multifamily residential community that is compatible with the 
surrounding area and respectful of local conditions. The proposed development 
incorporates setbacks, enhanced landscaping around the perimeter, and open space 
to enhance compatibility with the surrounding area.  
 
BUILD THE SUSTAINABLE DESERT CITY CORE VALUE; TREES AND SHADE; 
DESIGN PRINCIPLE: Integrate trees and shade into the design of new 
development and redevelopment projects throughout Phoenix. 
 
As stipulated, the proposal will shade the sidewalk on 50th Street, provide enhanced 
landscaping standards along the perimeter of the development, and provide 
additional shading within the surface parking lots. This will help to provide shade for 
pedestrians in and around the community and to mitigate the urban heat island effect 
by covering hard surfaces, thus cooling the micro-climate around the vicinity.  
 
 
Applicable Plans, Overlays, and Initiatives 
Housing Phoenix Plan: Background Item No. 7. 
 
Maricopa Association of Governments (MAG) Ahwatukee Foothills 
Employment Center: Background Item No. 8. 
 
Tree and Shade Master Plan: Background Item No. 9. 
 
Monarch Butterfly Pledge: Background Item No. 10.  
 
Complete Streets Guidelines: Background Item No. 11. 
 
Zero Waste PHX: Background Item No. 12.

Staff Report: Z-68-22-6 
December 19, 2022 
Page 3 of 14 
 
Surrounding Land Uses and Zoning 
 
Land Use 
Zoning 
On Site 
Offices 
CP/GCP   
North  
Offices  
CP/GCP   
South  
Church, fitness centers, fitness 
showroom, data center, financing, and 
other general offices  
CP/GCP   
East (across I-10) 
Warehouse retail, commercial, 
restaurant 
City of Chandler, 
PAD  
West (across 50th 
Street)  
Multifamily residential   
R-3A  
 
C-2 HGT/WVR DNS/WVR  
(R-5 Development Standards – Planned Residential Development) 
 
Standards 
R-5 Requirements 
Proposed Site Plan 
Gross Acreage 
- 
14.33 
Maximum Density (dwelling 
units per acre) 
45.68; 52.20 with 
bonus 
29.10 (Met) 
Maximum Units 
654, 748 with bonus 
417 units (Met) 
Maximum Lot Coverage 
50 percent 
28 percent (Met) 
Maximum Building Height 
4-story or 48 feet 
48 feet (Met) 
Minimum Building Setbacks  
Not Adjacent to Streets: 
(North – Adjacent to CP/GCP) 
10 feet  
25 feet (Met)   
Not Adjacent to Streets: 
(East – Adjacent to the I-10) 
10 feet  
10 feet – 66 feet (Met) 
Not Adjacent to Streets: 
(South – Adjacent to CP/GCP) 
10 feet  
10 feet – 20 feet (Met) 
Adjacent to Streets: 
(West – Adjacent to 50th Street) 
20 feet  
20 feet (Met) 
Minimum Landscape and Open Space Standards  
Not Adjacent to Streets: 
(North – Adjacent to CP/GCP) 
5 feet  
 
0 feet – 5 feet (Not Met)* 
Not Adjacent to Streets: 
(East – Adjacent to the I-10) 
5 feet 
 
5 feet (Met)  
Not Adjacent to Streets: 
(South – Adjacent to CP/GCP) 
5 feet 
0 feet – 5 feet (Not Met)*

Staff Report: Z-68-22-6 
December 19, 2022 
Page 4 of 14 
 
C-2 HGT/WVR DNS/WVR  
(R-5 Development Standards – Planned Residential Development) 
Standards  
R-5 Requirements  
Proposed Site Plan 
Adjacent to Streets: 
(West – Adjacent to 50th Street) 
20 feet 
20 feet (Met)  
Minimum Open Space  
5 percent  
9.48 percent (Met) 
Minimum Amenities  
2  
4 (Met) 
Minimum Parking  
643 required  
781 spaced (Met)  
Minimum Parking 
Resident: 1.5 spaces per 1 
or 2-bedroom unit; 2.0 
spaces per 3 or more-
bedroom unit 
643 required 
 
781 spaces (Met) 
*Variance or site plan modification required  
 
Background/Issues/Analysis 
SUBJECT SITE 
1. 
This request is to rezone 14.33 acres located approximately 1,500 feet south of 
the southeast corner of 50th Street and Ray Road from CP/GCP (Commerce 
Park District, General Commerce Park Option) to C-2 HGT/WVR DNS/WVR 
(Intermediate Commercial, Height Waiver, Density Waiver) to allow multifamily 
residential with a height and density waiver. The subject site is currently 
developed with two large office buildings.  
 
 
SURROUNDING LAND USES AND ZONING 
2. 
The requested C-2 HGT/WVR 
DNS/WVR (Intermediate 
Commercial, Height Waiver, 
Density Waiver) will support a new 
housing type that is located along 
the existing I-10 freeway and within 
the Ahwatukee Foothills 
Employment Center. The areas to 
the north and south are zoned 
CP/GCP (Commerce Park District, 
General Commerce Park Option) 
and are developed with various 
uses including general office, a 
church, fitness center, retail, data 
center, financing, and translation 
services. To the west, across 50th 
Street, is a multifamily residential 
development zoned R-3A 
(Multifamily Residence District). 
 
Existing Zoning Aerial Map  
Source: Planning and Development Depatment

Staff Report: Z-68-22-6 
December 19, 2022 
Page 5 of 14 
 
The City of Chandler is located to 
the east, across the I-10 Freeway, 
with numerous commercial uses 
zoned PAD (Planned Area 
Development).  
 
 
GENERAL PLAN LAND USE MAP DESIGNATION 
3. 
The subject site, as well as the surrounding areas to the north and the south are 
designated Mixed Use (Commercial / Commerce / Business Park). To the west, 
across 50th Street, the designation is Residential 15+ du/acre. To the east, 
within the City of Chandler, the designation is Regional Commercial.  
The requested C-2 HGT/WVR DNS/WVR zoning is consistent with the proposed 
General Plan Land Use Map designation of Mixed Use (Commercial / Commerce 
Park). 
 
 
 
General Plan Land Use Map  
Source: City of Phoenix Planning and Development Department 
 
 
PROPOSAL 
4. 
Site Plan  
The conceptual site plan depicts two, four-story buildings in the interior of the site 
and four, three-story buildings around the exterior. This multifamily residential 
development proposes a total of 417 dwelling units. The conceptual site plan 
also depicts an enhanced entry called “The Boulevard” with un-gated guest 
parking, enhanced landscaping, and shaded sidewalks. The north property line 
abuts a shared driveway with the development to the north and would be unable 
to meet landscaping setback standards along the north property line. As a result, 
staff is not stipulating general conformance to the proposed site plan. Stipulation 
No. 2 limits the number of dwelling units to 417. The stipulated number of units 
would make the development compatible with the surrounding land uses 
including the multifamily development to the west, and employment opportunities 
to the north and south.

Staff Report: Z-68-22-6 
December 19, 2022 
Page 6 of 14 
 
 
Due to the location adjacent to the freeway, staff is recommending a series of 
stipulations to promote high-quality design. Stipulation No. 6 requires enhanced 
building plans to certify that indoor noise levels not exceed 45-decibels and that 
the building plans be certified by a qualified professional to meet this enhanced 
standard. Stipulation No. 7 requires that a wall no less than 6 feet in height shall 
be provided along the I-10 Freeway. The stipulated wall would also have 
material such as stucco or split face block with decorative elements such as 
stamped tile.  
 
Conceptual Site Plan  
Source: Biltform Architecture Group, Inc.  
 
  
5. 
Elevations 
The conceptual building elevations depict architectural features that include 
variations in textures and building heights. Staff is recommending that 25 percent 
of elevations oriented to a public street contain brick, masonry, stone or another 
exterior accent material and that all units adjacent to 50th Street have individual 
porches or patios oriented towards the public street. This would enhance the 
elevations adjacent to 50th Street and activate the street frontage. General 
conformance to the elevations, exterior accent materials, and porches and patios 
along 50th Street are addressed in Stipulation No. 1.

Staff Report: Z-68-22-6 
December 19, 2022 
Page 7 of 14 
 
 
 
Conceptual  Building Elevations   
Source: Biltform Architecture Group, Inc. 
 
 
6. 
Open Space 
The conceptual site plan depicts two large open space areas within the 
development. To ensure a large open space area, staff is recommending 
Stipulation No. 5 which would require a centralized open space of 34,000 square 
feet. Furthermore, staff is recommending Stipulation No. 3 which would ensure 
that a minimum of six amenities be provided throughout the development. This 
stipulation would ensure amenities such as barbeques, ramadas, tot lots, pools, 
and dog parks.  
 
Additionally, Stipulation No. 4 would ensure that a minimum of 8 percent of gross 
project area be retained as common open space. Stipulation No. 8 would require 
all landscape setbacks to be planted with a 25 percent 2-inch caliper and 75 
percent 3-inch caliper trees planted 20 feet on center. This would enhance the 
landscape setback along 50th Street and throughout the perimeter.  
 
STUDIES AND POLICIES 
7. 
Housing Phoenix Plan  
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 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 proposed development 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 at a more rapid pace while using underutilized land 
in a more sustainable fashion.

Staff Report: Z-68-22-6 
December 19, 2022 
Page 8 of 14 
 
8.  
Maricopa Association of Governments (MAG) Ahwatukee Foothills 
Employment Center 
The subject site falls within the boundaries of the Maricopa Association of 
Governments designated Ahwatukee Foothills major employment center. The 
Ahwatukee Foothills major employment center extends south from Guadalupe 
Road to Pecos Road and west from Interstate 10 to 40th Street.  
The location of the employment center encourages convenient access to other 
parts of the metropolitan area. The Ahwatukee Foothills employment center 
profile identifies the area as an abundant labor pool with more than 418,000 
workers within a 20 minute drive time. The employment center is also identified 
as a major contributor on engineering services, finance and insurance, medical 
equipment, and telecommunications. The proposed development will continue to 
provide convenient access to established employment centers located to the 
north and south. Furthermore, the location would ensure access to adjacent 
metropolitan areas including downtown Phoenix, Phoenix Sky Harbor 
International Airport, and other retail locations.  
 
Employment Center Map  
Source: Planning and Development Department 
 
 
9.  
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. Staff is recommending stipulations designed to provide trees and enhance 
shade within the development.  
 
Staff is recommending the following stipulations for parking lot and sidewalk

Staff Report: Z-68-22-6 
December 19, 2022 
Page 9 of 14 
 
shading:  
 
• All landscape setbacks shall contain 25 percent two-inch caliper trees, 
and 75 percent three-inch caliper trees (Stipulation No. 8) 
 
• Uncovered surface parking lot areas shall be landscaped with minimum 
two-inch caliper drought-tolerant shade trees to achieve a minimum of 25 
percent shade (Stipulation No. 10); 
 
• Detached sidewalks along 50th Street with 75 percent live vegetative 
groundcovers (Stipulation No 14).   
 
 
10. Monarch Butterfly 
In April 2021, Mayor Kate Gallego signed the National Wildlife Federation's 
Mayor's Monarch Pledge. This pledge commits the city to take action to support 
the monarch butterfly population. In the United States, loss of milkweed habitat is 
a major factor in the decline of the monarchs. Arizona has at least 29 species of 
milkweed native to the state. Adult monarchs feed on the nectar of many flowers, 
but they breed only where milkweeds are found. To support the monarch 
butterfly population, Stipulation No. 9 the planting of milkweed shrubs, or other 
native nectar plant species, on the subject site. 
 
 
11. 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. To provide a safe pedestrian 
environment staff is recommending enhanced pavement treatment for the on-site 
pedestrian walkways that cross vehicular drive aisles and to provide pedestrian 
walkways to the street intersection. This is addressed in Stipulation Nos. 11 and 
12. This development will help pedestrianize the immediate street frontage by 
providing a detached sidewalk along 50th Street. Furthermore, bicycle parking 
will be required on the site encourage alternative transportation. This is 
addressed in Stipulation No. 13. In addition, any street improvements shall be 
done to City of Phoenix and ADA standards. This is addressed in Stipulations 
No. 17.  
 
 
12. 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-68-22-6 
December 19, 2022 
Page 10 of 14 
 
COMMUNITY INPUT SUMMARY 
13. As of the writing of this report, staff has received two letters of opposition for this 
rezoning application. The stated concerns are an increase in air pollution, traffic 
congestion and crime.  
 
 
INTERDEPARTMENTAL COMMENTS 
14. The Fire Department indicated there are no problems anticipated with the case 
and that the site and/or buildings shall comply with the International Fire Code 
with Phoenix Amendments. Further, the Department commented that they do not 
know the water supply at this site and noted that fire flow requirements may 
present a challenge for this site.  
 
 
15. The Street Transportation Department has indicated that the developer will be 
required to submit a Traffic Impact Analysis with pedestrian crossing demand 
and circulation along 50th Street. Furthermore, the Street Transportation 
Department requires bicycle parking for residents to be in a secure location and 
that all street improvements must meet ADA standards. These requirements are 
addressed in Stipulation Nos. 15 through 17.    
 
 
16. The Floodplain Management Division of the Public Works Department 
commented that this project is in a Special Flood Hazard Area (SFHA) called 
Zone A, on panel 2705M of the Flood Insurance Rate Maps (FIRM) revised June 
26, 2020. The applicant is required to submit a Grading and Drainage Plan to the 
Floodplain Management section of Public Works Department. An Elevation 
Certificate (FEMA Form 086-0-33) and a FEMA approved CLOMR-F or CLOMR 
must be received and approved by Floodplain Management prior to issuance of 
a Grading & Drainage permit. This is addressed in Stipulation No. 18. 
 
 
OTHER  
 
 
17. The site has not been identified as being archeologically sensitive. However, in 
the event archaeological materials are encountered during construction, all 
ground disturbing activities must cease within a 33-foot radius of the discovery 
and the City of Phoenix Archaeology Office must be notified immediately and 
allowed time to properly assess the materials. This is addressed in Stipulation 
No. 19.  
 
 
18. Staff has not received a completed form for the Waiver of Claims for Diminution 
in Value of Property under Proposition 207 (A.R.S. 12-1131 et seq.), as required 
by the rezoning application process. Therefore, a stipulation has been added to 
require the form be completed and submitted prior to preliminary site plan 
approval. This is addressed in Stipulation No. 20. 
 
 
19.  Development and use of the site is subject to all applicable codes and 
ordinances. Zoning approval does not negate other ordinance requirements such

Staff Report: Z-68-22-6 
December 19, 2022 
Page 11 of 14 
 
as obtaining a use permit to conduct the proposed outdoor use in this zoning 
district. Other formal actions such as, but not limited to, zoning adjustments and 
abandonments, may be required. 
 
Findings 
1. 
As stipulated, the proposed development will include a unit maximum, and 
design elements, such as enhanced architecture, landscaping, and open space 
to mitigate the impacts to the surrounding properties.  
 
 
2.  
The proposal will redevelop an underutilized property and provide a high-quality 
multifamily residential development which is consistent with the surrounding land 
uses.  
 
 
3. 
The proposal will allow for additional housing opportunities in the Village and will 
help alleviate the housing crisis. 
 
 
 
Stipulations 
1.  
The development shall be in general conformance with the elevations date 
stamped September 21, 2022, as modified by the following and as approved by 
the Planning and Development Department. 
 
 
 
a.  
Building elevations adjacent and oriented to public streets shall contain 
a minimum of 25% brick, masonry, stone, or another exterior accent 
material that exhibits quality and durability.  
 
 
 
 
b.  
All ground floor units adjacent to 50th Street shall have individual 
porches or patios oriented to the street.  
 
 
2.  
The development shall be limited to a maximum of 417 dwelling units.  
 
 
3. 
A minimum of six amenities shall be provided and distributed throughout the site 
which may include but are not limited to pools, dog parks, barbeques, ramadas, 
and tot lots with shade equipment as approved by the Planning and 
Development Department. 
 
 
4.  
A minimum of 8% of the gross project area shall be retained as common open 
space, as approved by the Planning and Development Department.  
 
 
5. 
A minimum 34,000-square foot open space area shall be centrally located within 
the development.  
 
 
6. 
Prior to final site plan approval, the developer shall include with the building 
plans submitted for Phoenix Building Construction Code compliance review 
certification by a registered Professional Engineer or registered Professional

Staff Report: Z-68-22-6 
December 19, 2022 
Page 12 of 14 
 
Architect in the State of Arizona demonstrating the average indoor noise levels 
of the residential units shall not exceed a decibel day night-level (DNL) of 45 
decibels, as approved by the Planning and Development Department. 
 
 
7.  
A perimeter wall no less than 6 feet in height shall be provided along the I-10 
freeway. 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 design, 
as approved by the Planning and Development Department.  
 
 
8.  
All required landscape setbacks shall be planted with minimum 25% 2-inch 
caliper and minimum 75% 3-inch caliper, drought tolerant trees, planted 20 feet 
on center or in equivalent groupings, as approved by the Planning and 
Development Department.  
  
 
9. 
A minimum of 10% of the required shrubs shall be a milkweed or other native 
nectar species, and shall be planted in groups of three or more, as approved by 
the Planning and Development Department.  
 
 
10. All uncovered surface parking spaces shall be landscaped with minimum 2-inch 
caliper large canopy drought tolerant shade trees. Landscaping shall be 
dispersed throughout the uncovered surface parking spaces, to achieve a 
minimum 25% shade at maturity, as approved by Planning and Development 
Department. 
 
 
11. Pedestrian pathways shall be provided to connect building entrances, public 
sidewalks, and community amenities, using the most direct route for 
pedestrians, as approved by the Planning and Development Department. 
 
 
12. Where pedestrian pathways cross a vehicular path, the pathway shall be 
constructed of decorative pavers, stamped or colored concrete, or other 
pavement treatments that visually contrast parking and drive aisle surfaces, as 
approved by the Planning and Development Department.  
 
 
13. A minimum of 20 bicycle parking spaces shall be provided through Inverted U 
and/or artistic racks located near open space areas and installed per the 
requirements of Section 1307.H. of the Phoenix Zoning Ordinance, as approved 
by the Planning and Development Department. Artistic racks shall adhere to the 
City of Phoenix Preferred Designs in Appendix K of the Comprehensive Bicycle 
Master Plan.  
 
 
14. The developer shall maintain the existing detached sidewalk landscape area 
located between the back of curb and sidewalk along 50th Street and replenish it 
to the following standards, as approved by the Planning and 
Development Department.

Staff Report: Z-68-22-6 
December 19, 2022 
Page 13 of 14 
 
 
a. 
Drought tolerant shrubs and vegetative groundcovers maintained to a 
maximum height of 24 inches to provide a minimum of 75% live 
coverage at maturity. 
 
 
 
Where utility conflicts exist, the developer shall work with the Planning and 
Development Department on alternative design solutions consistent with a 
pedestrian environment. 
 
 
15 
The developer shall submit a Traffic Impact Analysis for this development. The 
TIA shall include a pedestrian crossing demand and circulation analysis along 
50th Street. The developer shall be required to fund and construct pedestrian 
crossing if required by the approved TIA. No preliminary approval of plans shall 
be granted until the study has been reviewed and approved by the city. 
 
 
16 
The developer shall provide secured bicycle parking for residents as required by 
Chapter 13, Section 1307 H of the Zoning Ordinance, as approved by the 
Planning and Development Department. 
 
 
17. The developer shall construct all 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. All improvements shall comply with all ADA 
accessibility standards. 
 
 
18 
This parcel is in a Special Flood Hazard Area (SFHA) called Zone A, on panel 
2705M of the Flood Insurance Rate Maps (FIRM) dated June 26, 2020. The 
following requirements shall apply, as approved by the Planning and 
Development Department: 
 
 
 
 
a. 
The Architect/Engineer is required to show the floodplain boundary limits 
on the Grading and Drainage plan and ensure that impacts to the 
proposed facilities have been considered, following the National Flood 
Insurance Program (NFIP) Regulations (44 CFR Paragraph 60.3). This 
includes, but not limited to provisions in the latest versions of the 
Floodplain Ordinance of the Phoenix City Code. 
 
 
 
 
b. 
A copy of the Grading and Drainage Plan needs to be submitted to the 
Floodplain Management section of Street Transportation Department for 
review and approval of Floodplain requirements. 
 
 
 
 
c.  
Elevation Certification (FEMA Form 086-0-33) based on construction 
plans must be received and approved by Floodplain Management prior 
to issuance of Grading & Drainage permit. In Zone A, a base flood 
elevation determination letter (sample letter is provided by Floodplain 
Management upon request) and exhibit will also be required prior to

Staff Report: Z-68-22-6 
December 19, 2022 
Page 14 of 14 
 
issuance of Grading & Drainage permit.   
 
 
 
 
d. 
The developers shall provide a FEMA approved CLOMR-F or CLOMR 
prior to issuance of a Grading and Drainage permit. CLOMR-F and 
CLOMR also requires the following compliance with Section 7 & 9 of the 
Endangered Species Act (ESA) 
 
 
19. In the event archaeological 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 Archaeologist, and allow time for the 
Archaeology Office to properly assess the materials. 
 
 
20.  Prior to preliminary site plan approval, the landowner shall execute a Proposition 
207 waiver of claims form. 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. 
 
Writer 
Nayeli Sanchez Luna  
December 19, 2022  
 
Team Leader 
Racelle Escolar  
 
Exhibits 
Zoning sketch map 
Aerial sketch map 
Conceptual Site Plan date stamped November 28, 2022  
Conceptual Elevations date stamped September 21, 2022 (6 pages)  
Community Correspondence (4 pages)

Z-SP-25-96
Z-124-95
Z-19-95
Z-127-96
Z-19-95
Z-SP-26-98
Z-10-96
Z-19-95
Z-19-95
Z-141-97
Z-177-96
*
*
*
*
*
*
Phoenix City Limits
*
*
*
*
CP/GCP
C-2
C-2
C-2
SP
C-2
CITY OF
CHANDLER
CP/GCP
R-3A
C-2
CP/GCP
C-2
C-2
THISTLE LANDING DR
50TH ST
Black Canyon/Maricopa
Freeway Specific Plan
§¨¦
10
ELLIOT RD
WARNER RD
RAY RD
CHANDLER BLVD
PECOS RD
24TH ST
32ND ST
40TH ST
48TH ST
27TH AVE
CENTRAL AVE
17TH AVE
I-10
DESERT
FOOTHILLS
PKWY
AHWATUKEE FOOTHILLS VILLAGE
CITY COUNCIL DISTRICT: 6
I
APPLICANT'S NAME:
APPLICATION NO.
Z-68-22
GROSS AREA INCLUDING 1/2 STREET
AND ALLEY DEDICATION IS APPROX.
14.33 Acres
MULTIPLES PERMITTED
*   Maximum Units Allowed with P.R.D. Bonus
CP/GCP
C-2 HGT/WVR DNS/WVR
CONVENTIONAL OPTION
N/A
623
*   UNITS P.R.D. OPTION
N/A
748
Dennis M Newcombe
DATE:
10/10/2022
REVISION DATES:
AERIAL PHOTO &
QUARTER SEC. NO.
QS 09-39
ZONING MAP
B-11
REQUESTED CHANGE:
FROM: CP/GCP ( 14.33 a.c.)
TO:
C-2 HGT/WVR DNS/WVR ( 14.33 a.c.)
Document Path: S:\Department Share\Information Systems\PL GIS\IS_Team\Core_Functions\Zoning\sketch_maps\2022\Z-68-22.mxd
Z-68-22
0.075
0
0.075
0.0375
Miles

Z-SP-25-96
Z-124-95
Z-19-95
Z-127-96
Z-19-95
Z-SP-26-98
Z-10-96
Z-19-95
Z-19-95
Z-141-97
Z-177-96
*
*
*
*
*
*
Phoenix City Limits
*
*
*
*
CP/GCP
C-2
C-2
C-2
SP
C-2
CITY OF
CHANDLER
CP/GCP
R-3A
C-2
CP/GCP
C-2
C-2
THISTLE LANDING DR
50TH ST
Black Canyon/Maricopa
Freeway Specific Plan
§¨¦
10
Maricopa County Assessor's Office
ELLIOT RD
WARNER RD
RAY RD
CHANDLER BLVD
PECOS RD
24TH ST
32ND ST
40TH ST
48TH ST
27TH AVE
CENTRAL AVE
17TH AVE
I-10
DESERT
FOOTHILLS
PKWY
AHWATUKEE FOOTHILLS VILLAGE
CITY COUNCIL DISTRICT: 6
I
APPLICANT'S NAME:
APPLICATION NO.
Z-68-22
GROSS AREA INCLUDING 1/2 STREET
AND ALLEY DEDICATION IS APPROX.
14.33 Acres
MULTIPLES PERMITTED
*   Maximum Units Allowed with P.R.D. Bonus
CP/GCP
C-2 HGT/WVR DNS/WVR
CONVENTIONAL OPTION
N/A
623
*   UNITS P.R.D. OPTION
N/A
748
Dennis M Newcombe
DATE:
10/10/2022
REVISION DATES:
AERIAL PHOTO &
QUARTER SEC. NO.
QS 09-39
ZONING MAP
B-11
REQUESTED CHANGE:
FROM: CP/GCP ( 14.33 a.c.)
TO:
C-2 HGT/WVR DNS/WVR ( 14.33 a.c.)
Document Path: S:\Department Share\Information Systems\PL GIS\IS_Team\Core_Functions\Zoning\sketch_maps\2022\Z-68-22.mxd
Z-68-22
0.075
0
0.075
0.0375
Miles


	

 
	

	






 






	









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1
Nayeli Sanchez Luna
Subject:
FW: Submitting comment for AHWATUKEE FOOTHILLS VILLAGE PLANNING COMMITTEE Meeting 
December 19, 2022, at 6:00 p.m.
From: Mike K <h77key@yahoo.com>  
Sent: Wednesday, December 14, 2022 5:56 PM 
To: PDD Long Range Planning <pdd.longrange@phoenix.gov> 
Subject: Re: Submitting comment for AHWATUKEE FOOTHILLS VILLAGE PLANNING COMMITTEE Meeting December 19, 
2022, at 6:00 p.m. 
 
On Wednesday, December 14, 2022 at 05:55:00 PM MST, Mike K <h77key@yahoo.com> wrote:  
 
I am submitting comments for the Dec 19th meeting regarding -- Z-68-22-6: Presentation, discussion, 
and possible recommendation regarding a request to rezone 14.33 acres located approximately 
1,500 feet south of the southeast corner of 50th Street and Ray Road from CP/GCP (Commerce Park 
District, General Commerce Park Option) to C-2 HGT/WVR DNS/WVR (Intermediate Commercial, 
Height Waiver, Density Waiver) to allow multifamily residential with a height and density waiver. 
 
I have been an Ahwatukee resident for more than 25 years and live off  of Ray Road 
near  Thunderhill and Monta Vista Elementary School. I am submitting my comments in strongly 
opposition to the proposed 417 unit apartment development on 50th Street.  
 
As I mentioned I have lived off or Ray Road for 25 years. Travel to the I10 highway essentially only 
has one route that is Ray Road. Ray Road between 48th Street and the I10 is already at capacity and 
I frequently need to sit through several traffic light signals at multiple sections to get to the highway. 
Traffic is worse during rush hour and on weekends where it backs up all the way past 48th street. 
There have been attempts to fix the light timing at that section of the road and they have not 
remedied the issues. Chandler Blvd also has similar traffic issues. This section of Ray Road and 
Chandler Blvd is already beyond capacity and adding more cars from this development will make it 
much worse. Traffic may appear lighter than normal at this point in time due to the number of people 
currently working from home still as a result of the pandemic. When I traveled to work pre-pandemic, 
crossing the highway or getting onto the highway was a nightmare. As things get back to normal, 
traffic will increase back to what it used to be pre-COVID and any additional traffic due to this 
proposal will make it much worse. You can't view that stretch of road at current traffic levels you need 
to look at it from past traffic levels when people were commuting to work daily. At some point in the 
future it can and probably will go back to those levels. The committee needs to take that into 
consideration when making this decision. Any traffic studies that have been conducted in the past 3 
years are invalid due to the pandemic.  
 
We are talking about a quality of life issue here. The additional traffic delays cause more pollution and 
air quality issues, wear and tear on our roads and frustration amongst the community. The original 
residential density and building height restrictions were well thought through and put in place for good 
reasons. There would have to be overwhelming benefits to the residents of our community to override 
these restrictions and this proposed development provides no benefits to the Ahwatukee / Ray Road 
community. More crowding on our roads and at our restaurants is hardly a benefit. I recall visiting LA 
and wanting to go out to eat on the weekends. Not only did you have to wait to find a parking spot, 
you then needed to wait an hour to get a table. We don't need that in Ahwatukee.

2
Additionally, a disproportionately large portion of the crime that occurs in and around Ahwatukee 
occurs in the current apartment complexes. The developer can say that they are aiming at "High-
earning professionals" to reside there. However they know as well as you that you can not 
discriminate against anyone that qualifies to pay the rent regardless of their background or what they 
do for a living. 
 
I'm not opposed to additional housing or the layout of the community, I am opposed to it at that 
location. There is no good reason for the village planning committee to even consider it. I consider 
your role on the Village Planning committee to be responsible stewards for making the community 
better and to improving it. More people, more crowding, more cars, more pollution, more frustration, 
more potential crime is not an improvement to the community. If you were proposing a new park or 
golf course or green space I'd be all for it. A new museum, art gallery or theater, count me in. The 
community can not absorb another 417 families at that particular location.  
 
Please reject this proposal or cut it down in size dramatically. 
Thank you, 
Michael and Carol Kolodziej

1
Nayeli Sanchez Luna
To:
PDD Long Range Planning
Subject:
RE: Comments for Ahwatukee Foothills Village Planning Committee Public Meeting 12-19-22
From: Andrew Harmsen <andrewhpeterbilt@gmail.com>  
Sent: Saturday, December 17, 2022 2:37 PM 
To: PDD Long Range Planning <pdd.longrange@phoenix.gov> 
Subject: Comments for Ahwatukee Foothills Village Planning Committee Public Meeting 12‐19‐22 
 
Hello,  
 
I would like to submit comments for the upcoming Ahwatukee Foothills Village Planning Committee Public Meeting 
being held Monday, December 19, 2022 at 6pm.  
 
My comments are for agenda item Z‐68‐22‐6 for a rezoning request. Thank you for your time and consideration of these 
comments.  
 
Andrew Harmsen  
 
The idea of having more apartments ‐ and a LOT OF THEM ‐ along 50th Street, south of Ray Road, is mind boggling. This 
is not a typical apartment. This would represent a number of living units that has only recently started to be proposed 
around the valley. Four to five hundred living unit apartment complex mega sites are growing increasingly commonplace 
among builders. Tempe is building a 500 unit complex near Ikea, which will wreck havoc on Warner Road traffic.  
 
I understand the current housing crisis and the intense need to rapidly build more houses and apartments. The 
proposed site for over 400 units is NOT the right place for this.  
 
As stated in the agenda item details, the proposed site is currently zoned as a commerce park. The developers wish to 
rezone to C‐2, intermediate commercial, but also get a waiver for height AND density requirements. They are 
acknowledging that this type of building should not be here, hence the waivers request. The infrastructure was not 
designed for so many living units.  
 
I grew up in Ahwatukee and have lived here my whole life (except a brief period, where I still worked here), and I know 
first hand how bad the traffic gets on Ray Road, as well as 50th Street. The are simply a lot of thriving businesses and 
restaurants in this little area. Everyone knows Ray Road traffic backs up. 50th Street traffic also logjams at the first 
parking lot entrance south of Ray. The dual left hand turn lanes to travel south on 50th Street back up easily, and the 
same is said about the single right hand turn lane to travel east on Ray Road.  
 
Traffic coming into Ahwatukee from Chandler on westbound Ray Road gets congested, too. There is a constant stream 
of traffic entering Ahwatukee via Ray Road from Chandler, as well as both I‐10 off ramps.  
 
This is how conditions are right now. Add the anticipated 1,800 additional trips from the Converge Logistics Center. Then 
add over 200 more anticipated trips from these apartments (which I believe is an underestimate for over 400 units 
aimed at high earning professionals), and you're looking at well over 2,000 additional trips on 50th Street every day. 
Most of them likely to utilize I‐10‐to‐Ray‐to‐50th and then 50th‐to‐Ray‐I‐10. THERE IS NOT ENOUGH STREET 
INFRASTRUCTURE TO ACCOMMODATE THIS!  
 
As stated earlier, the already significantly used dual left turn lanes onto 50th Street, and the single right turn lane onto 
eastbound Ray Road, will become a mess of large trucks and even more vehicle trips every day. The large trucks, which

2
are larger and slower than cars, will cause bad gridlock in the area, regardless what is done to fix traffic light timing. 50th 
Street will become impossible to maneuver. Ray Road will become impossible to maneuver.  
 
People are impatient drivers. They cut over three lanes of traffic when they get off the I‐10 so they can turn south onto 
50th Street. Their attitudes will get worse with all the large trucks and additional traffic of these apartments. People may 
decide to go further to 48th Street to avoid the headaches, but Ray Road and 48th Street is already a horrible 
intersection! Maybe they'll use Chandler Boulevard and 50th Street instead, and make that stretch of Chandler 
Boulevard just as bad as Ray Road has always been.  
 
All in all, my opinion is that the proposed site is not the best location for these apartments. The city would have to look 
into upgrades to the street grid in order for many residents to approve this plan.