Attachment D - PC Summary - Z-42-21-8.pdf

City of Phoenix — Formal (2021-12-01)

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REPORT OF PLANNING COMMISSION ACTION 
November 4, 2021 
ITEM NO: 17 
DISTRICT NO.: 8
SUBJECT:
Application #: 
Z-42-21-8
Location: 
Southwest corner of 59th Avenue and South Mountain Avenue 
From:
S-1
To:
C-2
Acreage:
2.05
Proposal: 
Detached multifamily residential 
Applicant: 
Shelby Duplessis, The Empire Group of Companies 
Owner: 
Kleck Rodney and Donna Tr., Deka Company 
Representative: 
Alan Beaudoin, Norris Design 
ACTIONS: 
Staff Recommendation: Approval, subject to stipulations. 
Village Planning Committee (VPC) Recommendation: 
Laveen 10/11/2021 Approval, per the staff recommendation. Vote: 8-0. 
Planning Commission Recommendation: Approval, per the Laveen Village Planning Committee 
recommendation, with an additional stipulation. 
Motion Discussion: N/A 
Motion details: Commissioner Perez made a MOTION to approve Z-42-21-8, per the Laveen 
Village Planning Committee recommendation, with the additional stipulation as read into the 
record. 
 
Maker: Perez 
 
Second: Johnson 
 
Vote: 7-0 
Absent: Gorraiz and McCabe 
Opposition Present: No  
Findings: 
1.
The proposed development will provide a new housing option in Laveen, helping
alleviate the city’s housing shortage.
2.
The proposed development is located within close proximity to the Loop 202 freeway
and nearby commercial centers that will serve the new residents.
3.
As stipulated, the proposal includes site design elements that exceed Zoning Ordinance
requirements and that are consistent with the design recommendations set forth in the
Laveen Southwest Growth Study.
Attachment D

Stipulations: 
 
1. 
The development of the area is subject to the submittal of required master plans and 
compliance with the following stipulations: 
 
Each developer shall submit Master Development Plans for review and approval by 
appropriate city departments prior to preliminary site plan submittal of such developer's 
development unit. The plans to be submitted are as follows: 
 
 
 
(a) 
General Development Plan that shall include: 
 
 
 
 
(1) 
Boundaries and approximate acreage of the developer's development 
unit. 
 
 
 
 
(2) 
Proposed zoning and land use of the developer's development unit. 
 
 
 
 
(3) 
The approximate location of arterial and collector streets which are 
adjacent to or a part of the developer's development unit. 
 
 
 
 
(4) 
The approximate location, if provided, of any applicable public uses 
proposed, such as schools, parks, trails, drainage ways, or other 
recreational facilities. Also shown shall be proposed private open space 
reservations or trails adjacent to and/or within the developer’s 
development unit. 
 
 
 
 
(5) 
Development Phasing Schedule for the developer’s development unit 
that includes the anticipated initiation of development for each phase 
and the anticipated completion of development. 
 
 
 
 
(6) 
Project data for the developer’s development unit for specific types of 
uses to include: a schedule of intensity of uses for each phase 
indicating the proposed land uses, the maximum number of dwelling 
units, the approximate gross leasable area, the proposed height and 
floor area ration (FAR) limits, and the projected school enrollment. 
 
 
 
(b) 
Master Infrastructure Plans: Each developer shall submit for review by the 
Water Services Director, master infrastructure plans for potable water, 
wastewater, and reclaimed water facilities (if applicable) for the developer’s 
development unit. Such plans shall meet the terms and conditions set forth in 
the Water Services Department’s master water, wastewater, and reclaimed 
water master plans for the area. 
 
 
 
(c) 
Master Street Circulation Plan: Each developer shall dedicate all necessary 
rights-of-way and required easements for the developer’s development unit (for 
streets, utilities, trails systems, and other open space where required). Each 
applicable developer shall dedicate a multi-use trail easement along the South 
Mountain Avenue alignment as approved by the Parks and Recreation 
Department to provide connectivity through the site to adjacent open space 
and trail connections. Other multi-use trail easements shall be dedicated by the 
applicable developer in the vicinity of the Olney Avenue alignment, and to 
generally crisscross through the core area to connect with planned or existing 
trails in the Laveen Trails Plan.

(d) 
Master Grading and Drainage Plan: Each developer shall submit a Master 
Grading and Drainage Plan for the developer’s development units to be 
approved by the City Engineer. The drainage plan shall include (but not be 
limited to) the following: 
 
 
 
 
(1) 
Proposed man-made drainage channels. 
 
 
 
 
(2) 
Any proposed flood control facilities, such as storm water detention 
damns. 
 
 
 
 
 
 
(3) 
Discuss any drainage concerns with the project and proposed methods 
of addressing these concerns, to include planning by the Flood Control 
District. 
 
 
 
 
 
(e) 
Master Pedestrian / Bike / Trails Circulation Plan: Each developer shall submit 
a Master Pedestrian / Bike / Trails Circulation Plan for the developer’s 
development unit to the Planning and Development Department for review by 
the Parks and Recreation, Planning and Development, and Street 
Transportation Departments and is to address the following: 
 
 
 
 
 
 
(1) 
Show all pedestrian walkways, equestrian trails, water features and 
watercourses, and bikeways within and/or abutting the site. 
 
 
 
 
 
 
(2) 
Coordinate the locations of trails to provide a trail network throughout 
the development. 
 
 
 
 
 
 
(3) 
Anticipated traffic impacts will be considered in reducing conflicts 
between vehicle and pedestrian/biking/etc. Alternative consideration for 
equestrian traffic may be considered. 
 
 
 
 
 
(f) 
The Master Landscape and Conservation Plan: Each developer shall submit a 
Master Landscape and Conservation Plan for the developer’s development unit 
to the Planning and Development Department for review by the Parks and 
Recreation, Planning and Development, and Street Transportation 
Departments and is to address the following: 
 
 
 
 
 
 
(1) 
List of plants not allowed in the development due to their 
incompatibility. 
 
 
 
 
 
 
(2) 
Define areas to be reserved as open space. 
 
 
 
 
 
(g) 
The Master Site and Architectural/Urban Design Plan: Each developer shall 
submit a Master Site and Architectural/Urban Design Plan for the developer’s 
development unit to the Planning and Development Department for review by 
the Parks and Recreation, Planning and Development, and Street 
Transportation Departments and is to develop a character framework for 
linkage systems of streets, trails, and other corridor through both residential 
and commercial parcels with landscape, signage and construction materials.

(h) 
The Master Open Space Plan: Each developer shall submit a Master Open 
Space Plan for the developer’s development unit to the Planning and 
Development Department for review by the Parks and Recreation, Planning 
and Development, and Street Transportation Departments and shall address 
the relationship of the development to all open space. 
 
 
 
 
2. 
There shall be a maximum of one vehicular access driveway on 59th Avenue within the 
boundaries of the rezoning request. 
 
 
3. 
The required landscape setback along 59th Avenue shall include large canopy shade 
trees 20 feet on center or in equivalent groupings, as approved by the Planning and 
Development Department. Twenty-five percent of the trees shall be minimum four-inch 
caliper and 75 percent of the trees shall be minimum three-inch caliper. Five, five-gallon 
shrubs per tree, and additional shrubs or live groundcover, shall provide minimum 75 
percent live cover at maturity, as approved by the Planning and Development 
Department. 
 
 
4. 
Perimeter walls along public streets 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. 
 
 
5. 
Bicycle parking shall be provided either as two secure spaces in lockers within the 
surface parking area, or four bicycle parking spaces via inverted U-bicycle racks, 
artistic style bicycle racks or “Outdoor/Covered Facilities” located near the vehicular 
entryway into the development, as approved by the Planning and Development 
Department. All bicycle racks shall adhere to Appendix K of the Comprehensive Bicycle 
Master Plan.  
 
 
6. 
The developer shall dedicate right-of-way and construct a bus stop pad along 
southbound 59th Avenue south of the roadway that is labeled on the site plan as 
“secondary entry/exit.” 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 according to City of Phoenix Standard Detail P1258, as approved 
by the Planning and Development Department. 
 
 
7. 
Trees shall be placed to provide 50% shade coverage to the bus stop pad at full 
maturity, as approved by the Planning and Development Department. 
 
 
8. 
Clearly defined, accessible pedestrian pathways shall be provided to connect building 
entrances, bus stop pad, and public sidewalks, using the most direct route for 
pedestrians, as approved by the Planning and Development Department. 
 
 
9. 
Where pedestrian pathways cross drive aisles, they shall be constructed of decorative 
pavers, stamped or colored concrete, or other pavement treatments that visually 
contrast with the adjacent parking and drive aisle surfaces, as approved by the 
Planning and Development Department. 
 
 
10. 
Trees shall be placed to provide 75% shade coverage on all pedestrian paths and 
sidewalks at full maturity, as approved by the Planning and Development Department. 
Shade structures may be used to meet the shade requirement in places where trees 
are unable to be located.

11. 
The developer shall dedicate minimum 55 feet of right-of-way and construct the west 
half of 59th Avenue to City of Phoenix CM Cross Section standards with a 14-foot-wide 
landscaped median island, as approved by the Planning and Development Department. 
 
 
12. 
The developer shall provide $48,000 in escrow for a future traffic signal for the 
intersection of 59th Avenue and South Mountain Avenue.  
 
 
13. 
The developer shall construct all streets within and adjacent to the development with 
paving, curb, gutter, sidewalk, curb ramps, streetlights, landscaping and other 
incidentals, as per plans approved by the Planning and Development Department. All 
improvements shall comply with the current ADA Guidelines. 
 
 
14. 
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. 
 
 
15. 
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. 
 
 
16. 
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. 
 
 
17. 
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. 
 
This publication can be made available in alternate format upon request. Please contact Angie 
Holdsworth at (602) 495-5622, TTY use 7-1-1.