Attachment B - Staff Report - Z-76-22-8.pdf

City of Phoenix — Formal (2023-03-01)

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Staff Report Z-76-22-8 
December 28, 2022 
 
Camelback East Village Planning 
Committee Meeting Date: 
January 3, 2023 
Planning Commission Hearing Date: 
February 2, 2023 
Request From: 
R1-6 (Single-Family Residence District) (5.46 
acres), R-3 (Multifamily Residence District)  
(0.36 acres) 
Request To: 
R-3 (Multifamily Residence District)  
(5.82 acres) 
Proposed Use: 
Multifamily residential 
Location: 
Southwest corner of 48th Street and Loop 202 
Freeway 
Owner: 
H&M Enterprises, Inc 
Applicant: 
Northbridge Development, LLC 
Representative: 
Larry Lazarus, Lazarus & Silvyn, P.C. 
Staff Recommendation: 
Approval, subject to stipulations 
 
General Plan Conformity 
General Plan Land Use  
Map Designation 
Mixed Use and Transportation, Village Core 
Street Map 
Classification 
48th Street 
Minor Collector 
40-foot west half street 
McKinley Street 
Local Street 
25-foot north half street 
CONNECT PEOPLE AND PLACES CORE VALUE; OPPORTUNITY SITES; LAND 
USE PRINCIPLE: Support reasonable levels of increased intensity, respectful of 
local conditions and surrounding neighborhoods. 
 
The proposal will allow for multifamily residences that are compatible in scale with the 
surrounding neighborhood. As stipulated, a landscape area along the south property line 
will provide a buffer to the adjacent single-family neighborhood which is respectful of 
local conditions.    
Attachment B

Staff Report: Z-76-22-8 
December 28, 2022 
Page 2 of 10 
 
 
CELEBRATE OUR DIVERSE COMMUNITIES AND NEIGHBORHOODS CORE 
VALUE; CERTAINTY & CHARACTER; LAND USE PRINCIPLE: Protect residential 
areas from concentrations of incompatible land uses that could change their 
character or destabilize land values. 
 
The request will allow for multifamily residences, which is compatible with the 
surrounding residential uses to the south of the site.  
 
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 landscape areas along the perimeter of the site will contain shade 
trees. These will provide thermal comfort and shade for residents and provide a buffer 
to the surrounding land uses. 
 
 
Applicable Plans, Overlays, and Initiatives 
44th Street Corridor Specific Plan – See Background Item No. 5. 
 
Housing Phoenix Plan – See Background Item No. 6. 
 
Tree and Shade Master Plan – See Background Item No. 7. 
 
Complete Streets Guiding Principles – See Background Item No. 8. 
 
Comprehensive Bicycle Master Plan – See Background Item No. 9.  
 
Zero Waste PHX – See Background Item No. 10. 
 
Surrounding Land Uses/Zoning  
 
Land Use 
Zoning 
On Site 
Vacant  
R1-6 and R-3 
North  
Loop 202 freeway 
R-3 
South 
Single-family residential 
R1-6 
East (across 48th 
Street) 
Data center 
CP/GCP 
West  
Canal, State Route 143 
R1-6 and R-3

Staff Report: Z-76-22-8 
December 28, 2022 
Page 3 of 10 
 
 
R-3 – Multifamily Residence District  
(Subdivision Development Option)   
 
Standards 
Requirements 
Provisions on the 
Proposed Site Plan 
Gross Acreage  
- 
5.82 
Maximum Number of Units 
84 
69 (Met) 
Maximum Dwelling Unit 
Density  
(units/gross acre) 
14.5 
11.86 (Met) 
 
Maximum Lot Coverage 
45%  
30.2% (Met) 
Maximum Building Height 
2 stories, 30 feet 
 
2 stories, 23 feet 9 inches 
(Met) 
Minimum Building Setbacks 
 
 
Front (48th Street): 25 feet  
Rear: 15 feet 
Sides: 10 feet and 3 feet 
Front: 25 feet (Met) 
Rear: 10 feet* 
Side (North):10 feet (Met) 
Side (South): 10 feet (Met) 
Minimum Landscape 
Setbacks 
Front (48th Street): 25 feet  
Interior property lines not 
adjacent to a street: 5 feet 
Front: 25 feet (Met) 
Rear: 5 feet (Met) 
Side (North):5 feet (Met) 
Side (South): 5 feet (Met) 
Minimum Open Space 
5.0%  
5.5% (Met) 
Minimum Parking 
Requirements 
 
 
207 spaces 
 
138 reserved spaces 
69 unreserved spaces 
170 spaces* 
*Variance or site plan modification required

Staff Report: Z-76-22-8 
December 28, 2022 
Page 4 of 10 
 
 
 
Background/Issues/Analysis 
 
SUBJECT SITE 
1. 
This request is to rezone 5.82 acres 
located at the southwest corner of 48th 
Street and the Loop 202 Freeway from 
5.46 acres of R1-6 (Single-Family 
Residence District) and 0.36 acres of R-3 
(Multifamily Residence District) to R-3 to 
allow multifamily residential.  
 
2. 
The subject site is designated as Mixed 
Use and Transportation on the General 
Plan Land Use Map and is within a 
Village Core. The request for multifamily 
residential is consistent with the Mixed 
Use designation. The designation to the 
south is also Mixed Use and 
Transportation. The designation to the 
north and west, along the Loop 202 and 
State Route 143 freeways, is 
Transportation. To the east, across 48th 
Street, is designated as 
Commerce/Business Park.  
 
EXISTING CONDITIONS & SURROUNDING ZONING  
3. 
The subject site is currently vacant. To the north of the subject site is the Loop 202 
Freeway, zoned R-3. To the west is a canal and State Route 143, zoned R1-6 and 
R-3. To the south are single-family residences zoned R1-6. To the east, across 
48th Street, is a data center zoned CP/GCP (Commerce Park, General Commerce 
Park Option).  
PROPOSAL 
4. 
The conceptual site plan, attached as an exhibit, depicts 69 three-bedroom units, 
with private yards, located around a centralized open space area. Access is 
proposed from 48th Street and McKinley Street. Units will contain one and two-car 
garages, in addition to surface parking spaces dispersed throughout the site.  
Zoning Sketch Map, Source: City of Phoenix Planning 
and Development Department 
General Plan Land Use Map, Source: City of Phoenix 
Planning and Development Department

Staff Report: Z-76-22-8 
December 28, 2022 
Page 5 of 10 
 
 
Staff does not recommend general conformance to the site plan provided as 
variances will be required to meet the R-3 development standards. Variances 
undergo the Zoning Adjustment hearing process following the rezoning process.  
The proposed building elevations, attached as an exhibit, depict two-story facades 
with a variety of exterior colors and materials. To ensure that the units develop as 
proposed, staff recommends general conformance to the elevations (Stipulation No. 
1).  
To screen the units from the surrounding freeways and single-family residences, 
staff recommends Stipulation No. 2 which requires a ten-foot landscape area 
planted with large evergreen trees along the north, west and south property lines. In 
addition, staff recommends Stipulation No. 3, which requires a perimeter wall no 
less than six feet in height along the north and west property lines, which are 
adjacent to the freeways. Stipulation No. 4 requires that the developer provide an 
analysis, signed and sealed by an engineer with a proficiency in residential sound 
mitigation or noise control, ensuring that the indoor noise levels of the residential 
units shall not exceed a decibel day night-level (DNL) of 45 decibels.  
PLANS, OVERLAYS, AND INITIATIVES 
5. 
44th Street Corridor Specific Plan 
Completed in 1991, the 44th Street 
Corridor Specific Plan established a 
framework to provide compatibility of new 
development along 44th Street from 
McDonald Drive to Sky Harbor 
International Airport. The Land Use Plan 
(Figure 5.2) does not show a designation 
for the subject site. The designation to 
the south of the subject site is MU2 
(Mixed Use II), which calls for multifamily 
residential, retail, office and hotel uses. 
The requested zoning designation is 
consistent with the MU2 designation to 
the south.  
6. 
Housing Phoenix Plan 
44th St Corridor Specific Plan, Source: City of 
Phoenix Planning and Development Department

Staff Report: Z-76-22-8 
December 28, 2022 
Page 6 of 10 
 
 
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 proposed development 
supports the Plan’s goal of preserving or creating 50,000 housing units by 2030 by 
allowing for the development of housing units on the subject site. 
7. 
Tree and Shade Master Plan 
The Tree and Shade Master Plan has a goal of treating the urban forest as 
infrastructure to ensure that trees are an integral part of the city’s planning and 
development process. By investing in trees and the urban forest, the city can 
reduce its carbon footprint, decrease energy costs, reduce storm water runoff, 
increase biodiversity, address the urban heat island effect, clean the air, and 
increase property values. In addition, trees can help to create walkable streets and 
vibrant pedestrian places. Staff recommends the planting of large evergreen shade 
trees within the landscape areas around the north, west and south property lines.  
This is addressed in Stipulation No. 2. 
8. 
Complete Streets Guiding Principles 
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 promote alternative transportation, 
staff recommends Stipulation No. 6 which requires bicycle parking on site, which is 
appropriate given the site location adjacent to a bicycle lane along 48th Street. Staff 
also recommends Stipulation No. 5, which requires a five-foot-wide sidewalk be 
constructed along the west side of 48th Street.  
9. 
Comprehensive Bicycle Master Plan 
The City of Phoenix adopted the Comprehensive Bicycle Master Plan in 2014 to 
guide the development of its bikeway system and supportive infrastructure. The 
Comprehensive Bicycle Master Plan supports options for both short- and long-term 
bicycle parking as a means of promoting bicyclist traffic to a variety of destinations. 
The subject site is adjacent to a bike lane along 48th Street and less than a mile 
from the light rail station at 48th Street and Washington. As stipulated, the 
development will provide bicycle parking spaces per the requirements of Section 
1307.H. of the Phoenix Zoning Ordinance. This is addressed in Stipulation No. 6. 
10. 
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

Staff Report: Z-76-22-8 
December 28, 2022 
Page 7 of 10 
 
 
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. Section 716 of the Phoenix Zoning Ordinance establishes 
standards to encourage the provision of recycling containers for multifamily, 
commercial and mixed-use developments meeting certain criteria. The applicant’s 
materials indicated that each unit will have recycling bins.  
COMMUNITY INPUT SUMMARY 
11. 
At the time this staff report was written, five letters of support have been received. 
In addition, four letters from residents stating they are not opposed to the project 
have been received. 
INTERDEPARTMENTAL COMMENTS 
12. 
Water Services Department 
The City of Phoenix Water Services Department has noted the property has 
existing water and sewer mains that are serving or can serve this development, and 
that a technical appeal would be required for the proposed 30-foot sewer easement 
and to allow the easement within a retention basin.  
13. 
Street Transportation Department 
The Street Transportation has requested that the developer construct a minimum 
five-foot-wide sidewalk along the west side of 48th Street, that bicycle parking be 
provided per Section 1307.H of the Phoenix Zoning Ordinance, and that street 
improvements be constructed with all required elements and to ADA requirements. 
This is addressed in Stipulation Nos. 5 through 7. 
OTHER 
14. 
The Aviation Department requires that the property owner record a Notice to 
Prospective Purchasers of Proximity to Airport in order to disclose the existence, 
and operational characteristics of City of Phoenix Sky Harbor International 
Airport (PHX) to future owners or tenants of the property. This is addressed in 
Stipulation No. 8. 
15. 
The site is located in a larger area identified as being archaeologically sensitive. If 
further review by the City of Phoenix Archaeology Office determines the site and 
immediate area to be archaeologically sensitive, and if no previous archaeological 
projects have been conducted within this project area, it is recommended that 
archaeological Phase I data testing of this area be conducted. Phase II 
archaeological data recovery excavations may be necessary based upon the 
results of the testing. A qualified archaeologist must make this determination in 
consultation with the City of Phoenix Archaeologist. 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 Stipulations Nos. 9 through 11.

Staff Report: Z-76-22-8 
December 28, 2022 
Page 8 of 10 
 
 
Findings 
 
1. 
The proposed development is consistent with the General Plan Land Use Map 
designation of Mixed Use. 
2. 
The proposal will allow for additional housing options within the Camelback East 
Village Core. 
3. 
As stipulated, the proposal will provide increase shade along the perimeter of the 
site and help reduce the urban heat island effect. 
 
Stipulations 
 
1. 
The development shall be in general conformance with the elevations date 
stamped October 6, 2022, as modified by the following stipulations and 
approved by the Planning and Development Department.  
 
 
2. 
A minimum 10-foot-wide landscape area shall be provided along the north, 
west and south property lines. The landscape area shall be planted with large 
evergreen trees planted 20 feet on center or in equivalent groupings, as 
approved by the Planning and Development Department. Sixty percent of the 
trees shall be minimum 2-inch caliper, 40 percent of the trees shall be 
minimum 3-inch caliper with five 5-gallon shrubs per tree, as approved by the 
Planning and Development Department. 
 
 
3.  
A perimeter wall no less than 6 feet in height shall be provided along the north 
and west property lines.  
 
 
4. 
The indoor noise levels of residential units shall not exceed a decibel day 
night-level (DNL) of 45 decibels, as approved by the Planning and 
Development Department. A sealed and signed analysis by an engineer 
licensed in Arizona with a proficiency in residential sound mitigation or noise 
16. 
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. 12. 
17. 
Development and use of the site is subject to all applicable codes and ordinances. 
Zoning approval does not negate other ordinance requirements. Other formal 
actions such as, but not limited to, zoning adjustments and abandonments, may be 
required.

Staff Report: Z-76-22-8 
December 28, 2022 
Page 9 of 10 
 
 
control shall be included with the building plans submitted for Phoenix Building 
Construction Code compliance review to the Planning and Development 
Department. The engineer shall note in the analysis that the building design is 
capable of achieving the required Noise Level Reduction. 
 
 
5. 
The developer shall construct a minimum 5-foot-wide sidewalk along the west 
side of 48th Street along the entire rezoning frontage area connection to the 
sidewalk to the north, as approved by the Planning and Development 
Department. 
 
 
6. 
The developer shall provide bicycle parking and/or storage as required by 
Chapter 13, Section 1307.H, as approved by the Planning and Development 
Department. 
 
 
7. 
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. 
 
 
8. 
The property owner shall record documents that disclose the existence, and 
operational characteristics of Phoenix Sky Harbor Airport to future owners or 
tenants of the property. The form and content of such documents shall be 
according to the templates and instructions provided which have been 
reviewed and approved by the City Attorney. 
 
 
9. 
If determined necessary by the Phoenix Archaeology Office, the applicant shall 
conduct Phase I data testing and submit an archaeological survey report of the 
development area for review and approval by the City Archaeologist prior to 
clearing and grubbing, landscape salvage, and/or grading approval. 
 
 
10.  
If Phase I data testing is required, and if, upon review of the results from the 
Phase I data testing, the City Archaeologist, in consultation with a qualified 
archaeologist, determines such data recovery excavations are necessary, the 
applicant shall conduct Phase II archaeological data recovery excavations. 
 
 
11. 
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. 
 
 
12.  
Prior to preliminary site plan approval, the landowner shall execute a 
Proposition 207 waiver of claims form. The waiver shall be recorded with the

Staff Report: Z-76-22-8 
December 28, 2022 
Page 10 of 10 
 
 
Maricopa County Recorder's Office and delivered to the City to be included in 
the rezoning application file for record. 
 
 
 
Writer 
Sarah Stockham 
December 28, 2022 
 
Team Leader 
Racelle Escolar 
 
Exhibits 
Sketch map 
Aerial map 
Site plan date stamped October 6, 2022 (3 pages)  
Elevations date stamped October 6, 2022 
Correspondence (9 pages)

Z-250-81
Z-9-88
Z-24-07
Z-SP-11-96
Z-SP-21-04
Z-58-98
Z-45-86
Z-137-04
Z-171-86
Z-135-96
Z-4-96
Z-25-88
Z-200-81
Z-13-85
Z-33-91
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Z-134-03
48TH ST
SR143 RMP
GATEWAY BLVD
PORTLAND ST
47TH PL
FILLMORE ST
TAYLOR ST
PIERCE ST
MCKINLEY ST
46TH ST
ROOSEVELT ST
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24TH ST
40TH ST
32ND ST
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THOMAS RD
MC DOWELL RD
VAN BUREN ST
WASHINGTON ST
48TH ST
56TH ST
64TH ST
SR 51
CAMELBACK EAST VILLAGE
CITY COUNCIL DISTRICT: 8
I
APPLICANT'S NAME:
APPLICATION NO.
Z-76-22
GROSS AREA INCLUDING 1/2 STREET
AND ALLEY DEDICATION IS APPROX.
5.82 Acres
MULTIPLES PERMITTED
*   Maximum Units Allowed with P.R.D. Bonus
R1-6, R-3
R-3
CONVENTIONAL OPTION
29, 5
84
*   UNITS P.R.D. OPTION
35, 6
101
Northbridge Development LLC
DATE:
10/31/2022
REVISION DATES:
AERIAL PHOTO &
QUARTER SEC. NO.
QS 11-38
ZONING MAP
F-11
REQUESTED CHANGE:
FROM: R1-6 ( 5.46 a.c.)
R-3 ( 0.36 a.c.)
TO: R-3 ( 5.82 a.c.)
Document Path: S:\Department Share\Information Systems\PL GIS\IS_Team\Core_Functions\Zoning\sketch_maps\2022\Z-76-22.mxd
Z-76-22
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Z-250-81
Z-9-88
Z-24-07
Z-SP-11-96
Z-SP-21-04
Z-58-98
Z-45-86
Z-137-04
Z-171-86
Z-135-96
Z-4-96
Z-25-88
Z-200-81
Z-13-85
Z-33-91
Z-121-99
Z-43-86
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Maricopa County Assessor's Office
7TH ST
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INDIAN SCHOOL RD
THOMAS RD
MC DOWELL RD
VAN BUREN ST
WASHINGTON ST
48TH ST
56TH ST
64TH ST
SR 51
CAMELBACK EAST VILLAGE
CITY COUNCIL DISTRICT: 8
I
APPLICANT'S NAME:
APPLICATION NO.
Z-76-22
GROSS AREA INCLUDING 1/2 STREET
AND ALLEY DEDICATION IS APPROX.
5.82 Acres
MULTIPLES PERMITTED
*   Maximum Units Allowed with P.R.D. Bonus
R1-6, R-3
R-3
CONVENTIONAL OPTION
29, 5
84
*   UNITS P.R.D. OPTION
35, 6
101
Northbridge Development LLC
DATE:
10/31/2022
REVISION DATES:
AERIAL PHOTO &
QUARTER SEC. NO.
QS 11-38
ZONING MAP
F-11
REQUESTED CHANGE:
FROM: R1-6 ( 5.46 a.c.)
R-3 ( 0.36 a.c.)
TO: R-3 ( 5.82 a.c.)
Document Path: S:\Department Share\Information Systems\PL GIS\IS_Team\Core_Functions\Zoning\sketch_maps\2022\Z-76-22.mxd
Z-76-22
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