Attachment C - VPC Summary - Z-51-21-1.pdf

City of Phoenix — Formal (2021-12-01)

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Village Planning Committee Meeting Summary 
Z-51-21-1
Date of VPC Meeting 
October 20, 2021 
Request 
Presentation, discussion, and possible recommendation 
regarding a request to rezone 3.45 acres located at the 
southeast corner of 33rd Avenue and Peoria Avenue from 
C-O (Commercial Office – Restricted Commercial District)
to C-2 (Intermediate Commercial District) to allow
commercial uses.
VPC Recommendation 
Approve 
VPC Vote 
14-0-0
VPC DISCUSSION: 
No speaker cards were received on this item. 
At this time, Veidmark departed the meeting reducing the quorum to 14 members 
(11 being required for a quorum), 
STAFF PRESENTATION 
Klimek, staff, provided an overview of the case as detailed in the published staff 
report including background of the site, the proposal for the development of three 
commercial pads including two drive-through restaurants and a retail shop 
building. The proposal is compatible with the General Plan Land Use Map 
designation of Commercial and is further aligned by including a shaded and 
detached sidewalk along Peoria Avenue which will provide direct pedestrian 
connections to the North Mountain Village Core, the forthcoming Metrocenter 
light rail station, and the terminus of the forthcoming Bus Rapid Transit corridor at 
35th Avenue.  
Staff is recommending approval subject to 5 stipulations focuses on architectural 
embellishments, shaded and detached sidewalks along Peoria Avenue, bicycle 
parking, and then standard stipulations pertaining to ADA Compliance and 
Archaeology. He concluded by asking that, if the committee is inclined to provide 
a recommendation to approve, that they modify the recommendation to update 
the stipulation numbering contained in the staff report.  
APPLICANT PRESENTATION 
Rajesh Gore, of RKAA Architects, Inc, introduced himself as representing the 
applicant, thanked Klimek for the detailed presentation, and informed the 
Attachment C

committee that the landscape setback along the south property line where 
adjacent is 15’ and not 25’ as stated by staff but that this still exceeds the 
minimum 10’ requirement. He then invited questions from the committee. 
 
QUESTIONS FROM COMMITTEE 
Steinmetz expressed concern regarding the water shortage in Arizona and that 
the city’s push for more trees over the past three years conflicts with the water 
shortage and that trees often are not connected to irrigation. He asked who will 
be responsible for maintaining the trees on site. Klimek responded that the 
owner will be responsible for maintaining site landscaping in perpetuity and the 
intent of the stipulation is to create an environment that is safe and comfortable 
for people on foot. Steinmetz added that shade trees are being enjoyed mostly 
by the homeless and encouraged the owner to be attentive to safety issues. 
 
Perez asked about the public outreach process including to the adjacent 
multifamily residents and to the single-family homes across Peoria Avenue. She 
expressed concern over the addition of multiple drive-throughs on an already 
busy street and asked what the applicant has done to mitigate potential traffic 
and safety issues. She asked if they have a tenant for the retail space selected 
and indicated that the space should be occupied by something that people in the 
area want. Gore responded that they sent letters to all nearby owners and didn’t 
receive any opposition. Regarding safety and traffic, he shared that all site 
access is proposed from the side streets and that both drive-throughs are 
configured to be accessed from the interior of the site so that any overflow 
queuing will not block access to the site or reach the public streets. He added 
that the retail building space is approximately 6000 square feet which would be 
best for small shops and is too small for a traditional CVS or dollar store.  
 
Argiro asked if the proposed tenant for the retail pad a marijuana dispensary and 
if that would be permitted by the proposed zoning. Klimek responded that a 
dispensary would require a Use Permit under a separate process after the zoning 
process is complete but deferred the question to the applicant on if the use is 
being considered. Gore responded that they have not solidified a tenant lease at 
this time. Jonathan Strawther introduced himself as a member of the 
development team and indicated that they are not considering a marijuana-
oriented tenant.  
 
PUBLIC COMMENTS 
None.  
 
APPLICANT RESPONSE 
None. 
 
FLOOR/PUBLIC DISCUSSION CLOSED: MOTION, DISCUSSION, AND VOTE. 
 
MOTION

Steinmetz moved to approve the request per the staff recommendation with the 
technical correction to renumber the stipulations contained in the staff report. 
Second by Chair Krentz.  
 
DISCUSSION 
None.  
 
VOTE: 14-0-0, motion passes with Alauria, Argiro, Barraza, Carrell, Larson, 
McBride, O'Connor, O'Hara, Perez, Sommacampagna, Steinmetz, Whitney, Vice 
Chair Jaramillo, and Chair Krentz in favor; none in dissent; and none in 
abstention.   
 
RECOMMENDED STIPULATIONS: 
 
1. 
All elevations of the building shall contain architectural embellishments and 
detailing such as textural changes, pilasters, offsets, recesses, variation in 
window size and location, and/or other overhang canopies, as approved by the 
Planning and Development Department. 
 
 
2. 
The public sidewalk along Peoria Avenue shall be a minimum width of 5 feet, 
shall be detached with a minimum 10-foot-wide landscape area located between 
the sidewalk and back of curb and planted to the following standards. Where 
utility conflicts exist, the developer shall work with the Planning and 
Development Department on alternative design solutions consistent with the 
creation of a comfortable pedestrian environment. 
 
 
 
a.  
Minimum 3-inch caliper, large canopy, single-trunk, shade trees shall 
be placed 25 feet on center or in equivalent groupings. 
 
 
 
 
b.  
At tree maturity, the trees shall shade the sidewalks to a minimum 75 
percent. 
 
 
 
 
c.  
Drought tolerant shrubs and vegetative groundcovers maintained to a 
maximum height of 24 inches to provide a minimum of 75 percent live 
coverage at maturity. 
 
 
 
3. 
4. 
One bicycle parking space shall be provided per 25 vehicle parking spaces, near 
building entrances, shaded to 50 percent, and installed per the requirements of 
Section 1307(H) of the Phoenix Zoning Ordinance, as approved by the Planning 
and Development Department. 
 
 
4. 
5. 
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. 
 
 
5. 
6. 
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.