Item 99 - Back-Up Memo.pdf

City of Phoenix — Formal (2023-03-01)

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City of Phoenix

PLANNING AND DEVELOPMENT DEPARTMENT

To: Alan Stephenson Date: February 27, 2023
Deputy City Manager

From: Joshua Bednarek 6
Planning and Development Director

Subject: ITEM 99 ON THE MARCH 1, 2023 FORMAL AGENDA — PUBLIC
HEARING/FORMAL ACTION - REZONING APPLICATION Z-35-21-7 (THE
CROSSING AT DOBBINS PUD) — NORTHEAST CORNER OF 63RD AVENUE
AND DOBBINS ROAD (ORDINANCE G-7085)

Item 99, Rezoning Application Z-35-21-7, is a request to rezone 66.10 acres located at the
northeast corner of 63rd Avenue and Dobbins Road, from a mix of existing and approved
zoning districts to PUD (Planned Unit Development) to allow single-family, multifamily,
retail, office, and commerce park uses.

The Laveen Village Planning Committee heard the case on Jan. 9, 2023, and
recommended approval, per the staff recommendation, with modifications and additional
stipulations, by a vote of 7-1.

The Planning Commission heard the case on Feb. 2, 2023 and recommended approval,
per the Laveen Village Planning Committee recommendation, with modifications and a
deleted stipulation, by a vote of 8-1.

As a result of additional discussions facilitated by the Council District 7 Office, the
applicant and the community have agreed to updated stipulations.

The applicant has agreed to increase the size of Development Unit 1, which falls within the
Village Core and only permits commercial uses, to a minimum of 25 acres. This change is
reflected in Stipulation Nos. 1.e, 1.f and 1.k.

In response to the community's request to direct funds from Stipulation No. 5 to the
proposed park near the intersection of 59th and Olney avenues, the stipulation has been
modified accordingly. The Parks and Recreation has noted that there is not adequate
funding to construct or maintain the park at this time. The Department will hold the funds
as more funding is dedicated to build and maintain the park.

The revised stipulation is listed below with updates in BOLD AND CAPITAL letters.
Staff recommends approval, subject to the following stipulations:
di An updated Development Narrative for the Crossing at Dobbins PUD reflecting

the changes approved through this request shall be submitted to the Planning
and Development Department within 30 days of City Council approval of this

Z-35-21-7 Backup Memo

February 27, 2023

Page 2

request. The updated Development Narrative shall be consistent with
Development Narrative dated December 7, 2022 as modified by the following
stipulations.

a.

b.

Front Cover, add “City Council adopted: [Insert Adoption date]”
Remove any reference to Urban Air Mobility or Vertiport.

Page 34, Land Use Section: The following uses shall be added to the
prohibited land use section for Development Unit 2.

Adult Uses

Automobile Parts and Supplies, New Retail and Wholesale
Auto Seat Covers and Trim Shop
Boats, Retail Sales

Motorcycles, Repairing and Sales

Tire Repairing Equipment and Supplies
Tractors, Retail Sales, Display

Truck Stop/Travel Center

Self-Storage Service Warehouse
Automobile Service Station/ Gas Station
Car Wash

Garage Repair

Warehousing

Wholesaling, as a primary use
Distribution Facility, as a primary use
Outdoor Uses (Section 626.F.2z)

All applicable sections that reference drive-thru restaurants, which
include but not limited to, land use and design guidelines, shall be
updated to reflect the maximum of two drive-thru restaurants.

Page 17: A graphic shall be inserted within the Land Use Section
identifying the boundaries for Village Core North and Village Core South
in addition to language that states that Village Core North SHALL BE
APPROXIMATELY 15 ACRES and Village Core South will each be
approximately 10 acres in size.

Appendices: Legal descriptions for Development Units 1 and 2 and
Village Core North and Village Core South shall be added to the PUD as
additional appendices. AN UPDATED CONCEPTUAL DEVELOPMENT
PLAN EXHIBIT SHALL BE PROVIDED IN THE DEVELOPMENT
NARRATIVE. Acreages for Development Units 1 and 2 will be
consistent with the Conceptual Development Plan exhibit and acreages
for Village Core North and Village Core South will be approximately 15
ACRES AND 10 acres each RESPECTIVELY,

Z-35-21-7 Backup Memo

February 27, 2023
Page 3

Pages 45-46: Language referring to a Comprehensive Sign Plan found

on page 46 shall be moved under the text of 5K on page 45 and be
reworded as follows:

ON-PREMISE SIGNS WILL COMPLY WITHCHAPTER 7 OF THE
PHOENIX ZONING ORDINANCE AND A COMPREHENSIVE SIGN
PLAN MAY BE REQUIRED AS DETERMINED BY THE PLANNING
AND DEVELOPMENT DEPARTMENT.

Page 45, Signs Section, Second Bullet Point Modify the last sentence
in the paragraph to read as follows:

FINAL DESIGN OF OFF-PREMISE SIGNS TO BE REVIEWED AND
APPROVED BY THE LAVEEN VILLAGE PLANNING COMMITTEE.

MODIFY THE DEVELOPMENT NARRATIVE, WHERE APPLICABLE,
TO REFLECT THE FOLLOWING:

ALL DISTRIBUTION, MANUFACTURING, WAREHOUSE USES AS A
PRIMARY USE, WHERE PERMITTED, SHALL COMPLY WITH THE
FOLLOWING STANDARDS AND RESTRICTIONS.

I. THERE SHALL BE A MAXIMUM OF 1 DOCK DOOR PER
20,000 SQUARE FEET OF INDUSTRIAL USE TO ENSURE
DISTRIBUTION AND WHOLESALING ARE NOT A PRIMARY
USE.

Ul. DISTRIBUTION USES ARE ONLY ALLOWED AS AN
ACCESSORY USE.

Ill. | WHOLESALING AND DISTRIBUTION AS PRIMARY USES
SHALL BE PROHIBITED.

THE MAXIMUM PERMITTED BUILDING HEIGHT FOR OFFICE USES
IN DEVELOPMENT UNIT 2 SHALL BE 120FEET, FOLLOWING THE
SAME STEP BACK STANDARDS AS LISTED IN THE EXISTING
DEVELOPMENT STANDARDS TABLE AND HEIGHT EXHIBIT. ALL
OTHER USES SHALL BE RESTRICTED TO A MAXIMUM BUILDING
HEIGHT OF 56 FEET. ALL HEIGHT EXHIBITS AND DEVELOPMENT
STANDARDS SHALL BE UPDATED TO REFLECT THIS
MODIFICATION.

THE ACREAGE OF DEVELOPMENT UNIT 4 (VILLAGE CORE)
SHALL BE INCREASED TO A MINIMUM OF 25 ACRES, WITH 10
ACRES IN CORE SOUTH AND 15 ACRES IN CORE NORTH. THE
DEVELOPMENT NARRATIVE, INCLUDING EXHIBITS AND LEGAL
DESCRIPTIONS, SHALL BE UPDATED ACCORDINGLY.

Z-35-21-7 Backup Memo
February 27, 2023

Page 4

Prior to Preliminary Site Plan approval, a Pedestrian Circulation Plan for
Development Unit 1 (Village Core) shall be provided. This plan shall
demonstrate how pedestrians will connect to 63rd Avenue, Dobbins Road,
required open space areas and Development Unit 2 through a network of
dedicated pedestrian paths and a minimum of one Pedestrian Paseo. The
Pedestrian Paseo shall provide continuous north to south connectivity from
Dobbins Road to Development Unit 2. The Pedestrian Circulation Plan will be
updated with each site plan amendment to demonstrate how pedestrian
connectivity will be accomplished as the Village Core parcel develops, as
approved by the Planning and Development Department and in compliance
with the following standards:

a. The Pedestrian Paseo shall be a minimum of 20 feet in width. Of the
width, 10 feet shall remain completely free of any pedestrian
impediments, including benches. The remaining 10 feet may be used for
pedestrian friendly amenities or features, such as benches, tables and
courtyards, etc.

b. A minimum of 10 feet of the Pedestrian Paseo shall be comprised of
enhanced surfacing materials, such as stamped or colored concrete or
other pavement treatments, that visually contrast with the adjacent
parking and drive aisle surfaces shall be provided to delineate all areas
where paseos cross drive aisles.

Cc. The Pedestrian Paseos shall be shaded at aminimum of 50% at
maturity.

Prior to preliminary site plan approval of any and all development within
Development Unit 1 South, the developer shall demonstrate how the following
elements will be addressed as part of the subject submittal or as part of a
future submittal or phase of the project, as approved by the Planning and
Development Department.

a. A standalone EV Charging Demonstration Project with a minimum of
eight Level 2 electric vehicle charging stations and two fast charging
stations.

b. Construction of a minimum 10,000 square feet common open space
location with a splash pad.

No permits for off-premise signs (billboards) will be issued until a certificate of
occupancy for a sit down restaurant with a minimum 2,500 square feet of
interior dining area and 1,000 square feet of outdoor dining area, and without a
drive-through, is issued, as approved by the Planning and Development
Department.

Prior to obtaining a permit for an off-premise sign (billboard), the developer and
the City must agree to enter into an agreement wherein the developer will

Z-35-21-7 Backup Memo
February 27, 2023

Page 5

10.

11.

12.

13.

14.

make five annual $100,000 donations to the City of Phoenix Parks and
Recreation Department to construct, operate, or maintain a City OLNEY park
within-the Laveen-Village-area NEAR THE INTERSECTION OF 59TH AND
OLNEY AVENUES, AS MODIFIED AND APPROVED BY THE PARKS AND
RECREATION DEPARTMENT.

The developer shall dedicate 55 feet of right-of-way and construct the north
side of Dobbins Road, per Cross Section Z-C Standards.

The developer shall dedicate and construct 63rd Avenue consistent with the
approved Traffic impact Analysis.

Right-of-way improvements must be complete along the entire rezoning
frontage during the first phase of development.

The applicant shall submit a Traffic Impact Study (TIS) to the City for this
development. No preliminary approval of plans shall be granted until the study
is reviewed and approved by the City. Contact the Street Transportation
Department to set up a meeting to discuss the requirements of the study. The
TIS shall include signal warrant analysis of abutting and nearby intersections
effected as part of this development. The developer shall be responsible for
any additional dedications and cost of improvements as required by the
approved Traffic Impact Study.

The developer shall be responsible for the installation of traffic signals and or
escrow funds as identified in the approved Traffic Impact Analysis.

Existing irrigation facilities along any existing and or proposed right-of-way are
to be undergrounded and relocated outside of City right-of-way. Contact SRP
to identify existing land rights and establish the appropriate process to relocate
the 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 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.

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.

If determined necessary by the Phoenix Archeology Office, the applicant shall
conduct Phase | data testing and submit an archaeological survey report of the
development area for review and approval by the City Archeologist prior to
clearing and grubbing, landscape salvage, and/or grading approval.

Z-35-21-7 Backup Memo
February 27, 2023

Page 6

Approved:

15.

16.

17.

18.

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 I! archeological data recovery excavations.

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.

ALL SITE PLANS, ELEVATIONS AND PEDESTRIAN CIRCULATION PLANS
WITHIN DEVELOPMENT UNIT 4 (VILLAGE CORE NORTH AND SOUTH)
SHALL BE PRESENTED FOR REVIEW AND CONMENT TO THE LAVEEN
VILLAGE PLANNING COMMITTEE PRIOR TO PRELIMINARY SITE PLAN
REVIEW.

LEVEL 1 ELECTRIC VEHICLE (EV) CHARGING STATIONS SHALL BE
PROVIDED FOR ALL MULTIFAMILY RESIDENTIAL DEVELOPMENTS AT A
RATE OF 1 EV CHARGING STATION PER 500 SQUARE FEET OF INDOOR
AMENITY SPACE OR EQUAL TO 2% OF THE RESIDENTIAL UNIT COUNT,
WHICHEVER IS GREATER, AS APPROVED BY THE PLANNING AND
DEVELOPMENT DEPARTMENT.

Alan Stephenson, Deputy City Manager